Town of Mashpee
Board of Health – Public Session
Minutes of Meeting
July 22, 2009
Board Members Present: Chairman Burton Kaplan, Co-Chairman Kalliope Egloff, Clerk Lucy Burton
Also Present: Glen Harrington, Health Agent
Mr. Kaplan called the meeting to order at 7:08 pm.
APPOINTMENTS
7:15 – MMR/AFCEE –Environmental Update
Douglas Karson, Community Contact for the Air Force Center for Engineering and the Environment (AFCEE) at Otis, addressed the Board of Health with an update, now required by the Federal Environmental Protection Agency. Jeanephe Falvey, of the U.S. Environmental Protection Agency, was also in attendance at the meeting. Mr. Karson distributed a copy of his talking points and outflow and groundwater maps of the areas concerned. Mr. Karson reported that there are 12 groundwater plumes associated with the Base and noted that systems have been put in place over the last 10 years so that 11 of the plumes are currently receiving treatment, with the water being placed back in the ground. Currently, approximately 14 million gallons of water are being treated every day. In addition, 80 source areas were
initially identified as part of the program and 61 of the areas were delisted 1 1/2 years ago by the Federal EPA. Sixty-one of the original 80 source areas are no longer considered Superfund sites. Regarding Mashpee, Mr. Karson reported that, to the best of his knowledge, no one at the homes located in the Ashumet and Johns Pond area are at risk. With years of testing and agreements that connected properties to municipal water, and the homes in Johns pond that are involved with a sampling program, no problems have been detected. Plumes have not migrated outside of the ponds, although 20 homes continue to be sampled in the area. In early August, a decision is expected regarding Chemical Spill-10 (CS-10), one of the three largest plumes. Currently, there are extraction wells along Sandwich road, treatment wells within the pond, and an extraction well on Currier Road to address the groundwater contamination. The upcoming decision will involve
the monitoring and operation of the system within the main plume. For over 10 years, testing has occurred seeking evidence for solvents in Ashumet and Johns Ponds, but there has been no evidence of the solvents. Public beach areas are also checked twice annually. Mr. Harrington questioned the TCE and wells located on the East Side and detections that were below maximum contaminant level four years ago. Mr. Karson responded that test results have been non-detect since that time and indicate success with the treatment at Sandwich Road. Mr. Kaplan questioned the monitoring of the 20 homes and the likelihood of having no problems with the area. Mr. Kaplan expects that there will no problems but intends to use the “Land Use Control Program” to more closely monitor the well water in the homes. The survey was initiated in Falmouth, continued in Bourne and Mashpee will be added next. The survey, which will include approximately 2,000
homes, will question homeowners about their well water usage and request opportunities to sample the well. Mr. Harrington noted that regulations for a moratorium are in place should issues arise in the Algonquin area. Mr. Karson added that the Air Force wants to ensure that the well water is safe in the event that homeowners wish to use their wells. Ms. Burton questioned the response rate for the surveys to which Mr. Karson responded that it varied. Typically, the response rate averaged 30%-40% but following the three mailings in Ashumet Valley (600 homes) and with the assistance of phone calls, the response rate increased to 80%. Bourne’s (400 homes) response rate was over 60% with two mailings. Ms. Egloff recommended the possibility of an online form for purposes of accessibility and Mr. Harrington recommended a reverse 911 automated call that could assist with follow up phone calls.
Regarding FS-1, which has been an issue for 12 years and has treatment in place, Mr. Karson reported that it was created as a result of fuel disposal practices at the time. Mr. Karson indicated that the benzene has degraded naturally in the environment but the EDB has been more persistent. Treatment has occurred in the bog and it continues to be monitored. The trailing edge of the plume continues to move south from the original source area, as expected according to the computer modeling. The EDB levels have not shown to be a public or ecological risk over the past few years. The extraction well will continue to be operated and the water is treated on-site at the treatment plant. The water is then discharged into the river area by air bubblers. Mr. Harrington questioned the dashed
red circle within the bog area on the map and Mr. Karson responded that he will find out and let Mr. Harrington know. Ms. Burton asked about the location of the treatment buildings in relation to the bogs.
Mr. Karson discussed further the Residential Well Sampling Area. He noted that 12 of the 20 homes have been sampled. All testing has shown that the water is safe to drink and no plume contaminants have been identified so far. Mr. Karson added that Mashpee will soon become part of Land Use Control Areas. Additionally, sampling will be completed before certain properties are converted to Land Use Control Areas. Properties that have not changed and are not within the footprint will be removed from the sampling.
Mr. Karson concluded that after many years, by September all remedies will be in place for the source areas and the plumes. Mr. Kaplan questioned the availability of Federal funds to which Mr. Karson responded that the military would not walk away when there are concerned citizens and town leadership involved, adding that funds have always been made available for these projects. Mr. Karson asked that the Town notify him should a well installation be proposed for the affected areas. Mr. Karson announced that a wind turbine will be operational on Massachusetts Military Reservation during September. The turbine, expected to be twice the size of the turbine at Massachusetts Maritime Academy, will be located at the LF-1 Treatment Facility near Route 28 in Bourne. Mr. Karson announced that
additional information is available at .mmr. Mr. Harrington questioned SD-5 and Mr. Karson responded that the monitoring wells indicated that the contaminants were well below the standard for drinking water, adding that the area cleaned up very quickly. The goal is to make the aquifer, as it gets cleaned up, usable in the future. Ms. Egloff questioned who was responsible for annual VOC water testing costs to which Mr. Harrington responded that homeowners are responsible. Mr. Karson added that if there was a question about sampling, he could be contacted. Finally, Mr. Karson announced that the Air Force and Army were working together to release a joint publication in the next 6-8 weeks.
Kris Curley, from the Army’s Impact Area Groundwater Study Program, announced that the contaminations that her program is managing do not affect Mashpee and that treatment systems have been put in place. Focus has been placed on remediation programs that targeted plumes with the highest level of contamination, plumes that have migrated or have the potential to migrate off base and those migrating toward water systems. Five systems are in place and are responsible for pumping 2.8 million gallons of water per day, returning it to the aquifer. The treatment systems are expected to operate for another 10-20 years to clean up the plumes. The J-1 South Plume is the only plume that threatened Mashpee, but it was discovered that it had not crossed Route 130 in Sandwich. Sampling has been
conducted at private wells in Mashpee near Pimlico Pond and no contaminants were found. Ms. Curley announced that later in the year, Remedy Selection Plans will present alternatives for addressing the remaining plumes. Studies have been released for the three plumes confined to the Base, expected to disburse quickly with low level contamination and includes Demolition Area 2, Northwest Corner and Western Boundary. Reports are also available for J-1 North Plume and J-1 South Plume. Additionally, a Remedy Selection Plan is expected for the Central Impact Area early next year. The Impact Area Groundwater Study Program hopes to have all Remedy Selection Plans for each of the plumes and in place by the end of 2010.
7:45 – Mike Wilson – 12 Rock Island Road – BOH Variance
John Slavinsky of Cape & Islands Engineering represented the applicant regarding their plans to purchase the property at 12 Rock Island Road which has a cess pool. The applicant intends to close on the property on August 7, 2009 with plans to tear down and rebuild the home, completing the entire project by Memorial Day in 2010. Joanne Wilson addressed the Board and confirmed that they are meeting with contractors with plans to have the home rebuilt by Memorial Day and that they intend to use the existing home for the month of August and part of September. Ms. Burton questioned the time frame for the tear down of the home to which Mr. Slavinsky suggested it would be December but that it required a permit from the Zoning Board of Appeals. Ms. Wilson does not intend to use the existing home.
Mr. Slavinsky stated that they can not tear down the home in August because the lot would become unbuildable and would lose all grandfathering. Mr. Harrington added that the Building Department will not release a demo permit without knowing the architectural plans. Mr. Harrington conducted a walk through and confirmed that the existing home has 3 bedrooms, is connected to town water and currently has a cess pool and it used to have a well. Mr. Kaplan stated that an approval may state conditions such as the property not be occupied from the closing to demolition to which Ms. Wilson assured the Board the home would not be occupied. Mr. Kaplan reminded Mr. Slavinsky that, in the past, a tear down had a 12 month maximum and Ms. Burton noted that typically tear downs receive a 6 month timeframe. Ms. Burton expressed concern about allowing a house to go to closing with a cess pool and the possibility of the home being occupied. Mr. Harrington
noted that previously, dates have been given for the engineering to be completed and then the building permit could be released, which would then provide a date for the tear down. After the building is torn down, the Board can hold until occupancy. Mr. Slavinsky indicated that it is likely that the septic may go in quickly, and be located in the backyard. Ms. Burton agreed to identifying timeframes, such as December 1, 2009 for the tear down and a date of August 7, 2010 for final issuance of the Certificate of Compliance. Additionally, engineering must be approved by Board of Health by December 1, 2009.
Motion made by Ms. Burton to approve the variance for 12 Rock Island Road for one year from the date of closing of August 7, 2009 to install the new system with the following conditions:
1) House must be torn down by December 1, 2009
2) Engineered plans must be approved by December 1, 2009
3) Final issuance of the Occupancy Permit and Certificate of Compliance must be received by August 7, 2010
4) There may be no occupancy prior to tear down
5) An enforceable agreement signed by the Board of Health will be prepared and executed by August 5, 2009
Motion seconded by Ms. Egloff. All voted unanimously.
8:00 – Habitat for Humanity – Nitrogen Aggregation Plans
Discussion of this item was not recorded on the audio tape; please refer to video footage on file.
Donald Dickinson, a volunteer with Habitat for Humanity, addressed the Board. Mr. Dickinson stated that Habitat for Humanity has been selected as the non-profit developer for the three parcels identified at Town Meeting for affordable housing during the fall of 2007. Each of the three parcels are too small to accommodate the proposed 3 bedroom homes, so the Town offered several additional properties to use as “credit land” to provide the 30,000+ square feet required for the construction of the new homes. Mr. Dickinson is seeking approval for the three nitrogen aggregation loading plans for each of the homes in order to submit the applications to the Massachusetts DEP for their review and approval. John O’Reilly is the engineer for the site and has submitted the engineering
plans. Mr. Dickinson noted that Mashpee is the applicant for this project and Habitat for Humanity is acting as a representative for the town. Should Habitat be considered the applicant with title to the land, they would be responsible for a $1600 fee per parcel to the DEP whereas the town is not required to pay the fee. The land disposition agreement states that the town will apply for the approval of the nitrogen aggregation loading plans provided Habitat for Humanity completes the preliminary work. The plans indicate the zone 2, facility land and credit land for each of the three projects. Mr. Kaplan questioned ownership of each home to which Mr. Dickinson responded that the land would be conveyed to Habitat when the nitrogen aggregation loading plans are approved and the deed restrictions are signed. Once the home is built, the land will be conveyed to the families. The deed restriction will be on both the facility and the credit land. Mr. Dickinson explained each of
the drawings. Ms. Burton questioned whether or not the small lots have been used previously for credit land to which Mr. Harrington indicated that they had not. Mr. Harrington has reviewed the septic plans and had no issues with 19 Lakewood. Regarding 67 Fox Hill, located in Zone 2, the credit land is divided between Fox Hill and the facility land for 38-44 Timberlane. Mr. Harrington expressed concern and recommended that the easement land needs to be dimensioned with variances and distances because it should be a true survey and easement plan for purposes of recording. Mr. Harrington recommended that it be revised since DEP will have the same requirement. Ms. Burton and Mr. Harrington clarified that the small portion of the credit land would be used for 67 Fox Hill and the larger portion for the 38-44 Timberlane. Board members discussed in detail the credit land figures noting some confusion with the plan. Mr. Dickenson will request
additional details from the engineer. The final parcel at 38-44 Timberlane will be joined as one parcel, and will be using credit land from Fox Hill. Mr. Harrington again suggested that the easement land needs to be dimensioned with variances and distances because it should be a true survey and easement plan for purposes of recording. Mr. Harrington stated that the Board of Health needs to grant an approval for the grant of easement restriction and an approval based on DEP review to issue the permit. The Board can approve the DEP package for each of the three parcels with the condition that the credit land areas be described with bearing and distances. Letters have been issued for each parcel and the letter of approval will state that no septic permits can be issued until the DEP letter is sent out. Ms. Egloff questioned a conflict of interest since she sits on the Affordable Housing Committee and Affordable Housing Trust and abstained from
voting.
Motion made by Ms. Burton to grant approval for 67 Fox Hill Road, 19 Lakewood Drive and 38-44 Timberlane Drive with the grant of easement and restriction conditional upon DEP approval and the credit lands showing variance on the plans. Motion seconded by Mr. Kaplan. Ms. Burton and Mr. Kaplan voted unanimously. Ms. Egloff abstained.
NEW BUSINESS
1. Sign Warrants: Members of the Board signed one warrant.
2. Approve Public Session Minutes: Minutes for the previous meeting were not yet available.
3. Review & Approval: Draft Manufactured Housing Regulation
Mr. Kaplan noted that the Board discussed the Regulation and final changes at the last meeting and indicated that he was prepared to sign the final draft. Mr. Harrington added that all suggested changes had been made to the document and that he would be sharing the final draft with Counsel. Ms. Egloff questioned the protocol and all agreed that Counsel should review the document before Board members sign it.
4. Request for 2009 Food Establishment Permit: Sugar & Spice Coffee Shoppe
Mr. Harrington confirmed that the permit request has been submitted by new owner, Racheal Ferreira, and added that the menu has not changed. Ms. Burton questioned the role of Brian Albee as the certified food manager. Mr. Harrington responded that Mr. Albee is at the location during the evening but that Ms. Ferreira recently took the ServSafe class and expects to receive her results. Another part time worker, the former owner, is also ServSafe certified and those records are on file. An inspection was completed and no violations were discovered. Ms. Burton questioned if Mr. Albee is doing the baking at night for the next day. Mr. Harrington was unsure and Ms. Egloff added that a certified food manager can train another employee who can fill in for a portion of the operational hours. Mr. Harrington confirmed that their new operating hours are 5am-5pm. Mr. Harrington requested that the approval be for 10 seats for capacity purposes.
Ms. Burton made a motion to approve Sugar & Spice Coffee Shoppe for their 2009 Food Establishment Permit application. Motion seconded by Ms. Egloff. All voted unanimously.
5. Request for 2009 Food Establishment Permit: Sepia, 14 Joy Street, S. Cape Village
Mr. Harrington stated that the owner, Robin Pulsifer, discussed a business permit and her plans to submit an application. Ms. Pulsifer was aware of Board of Health involvement. The business certificate indicated that it was pending Board of Health approval and final inspection and an agreement was made regarding the sharing of a mop sink to wash and clean the facility. Mr. Harrington reported that the inspection has not been completed because the owner did not sign the application and has not returned a call about signing the application. Mr. Kaplan questioned the hours of operation but noted that without a completed application he would not wish to make a decision. Ms. Burton questioned closing down the establishment since a big event was upcoming. Mr. Harrington recommended a $100
fine for operating without a permit for 2008, a $100 application fee for the 2009 Retail Food Establishment and a $100 fine for operating without a permit for 2009. Additionally, Mr. Harrington confirmed that the operation should not remain open any longer without a permit.
Ms. Burton made a motion that Sepia be fined $100 fine for operating in 2008 without a Food Establishment Permit, be fined a $100 fine for operating in 2009 without a Food Establishment Permit and pay the $100 fee for the 2009 Retail Food Establishment application. Sepia must pay the two fines, application fee and sign the application within 24 hours of receiving a hand delivered notice or the store will be closed. Upon receipt of the application fee and two fines, Sepia may be re-opened. Motion seconded by Ms. Egloff. All voted unanimously.
6. Request for Temporary Food Permit: Mashpee Farmer’s Market, Doreen Cartwright
Mr. Harrington noted that the owner, Doreen Cartwright, recently supplied lobster rolls at the Mashpee Family Picnic. Mr. Kaplan questioned the hot soapy water for hand washing being stored in a cooler. It was clarified that her intent was to keep the water hot by storing it in the insulated cooler. Transportation of the lobster meat was described as being stored on ice and then placed in a refrigerator with a generator at the location. Ms. Burton questioned the ready made sandwiches to which Mr. Harrington clarified that the lobster meat would be prepared in advance but that the sandwiches would be made to order at the location by scooping the lobster meat from a tub that would be surrounded by ice in a cooler. It was noted that inspections continue each Friday at the Farmer’s Market. Mr. Harrington sees no issue with the application and added that the $50 fee has been paid.
Ms. Egloff made a motion to approve the Temporary Food Concession for Doreen Cartwright, a $50 fee for the remainder of the Farmer’s Market season and contingent upon Health Agent approval and inspection. Motion seconded by Ms. Burton. All voted unanimously.
7. Request for Bodywork Practitioner Permit: Nicki Garner, Angel Room Wellness Center
Mr. Kaplan noted that Nicki Garner intends to practice only Reiki. Ms. Egloff and Mr. Kaplan questioned the certificate and any additional evidence of training. Mr. Harrington noted that she has Third Degree which means that she has fulfilled hundreds of hours of training, which he has on file.
Ms. Burton made a motion to approve Nicki Garner for a Bodywork Practitioner Permit for Reikki only. Motion seconded by Ms. Egloff. All voted unanimously.
8. Request for Bodywork Practitioner Permit: Michael McGillvary, Angel Room Wellness Center
It was confirmed that Michael McGillvary is also a Third Degree and Master Teacher in Reikki. Mr. Harrington has the supporting education documentation.
Ms. Burton made a motion to approve Michael McGillvary for a Bodywork Practitioner Permit for Reikki only. Motion seconded by Ms. Egloff. All voted unanimously.
9. Request for Bodywork Facility Permit: Angel Room Wellness Center, 29 Commercial Street, S. Cape Village
Ms. Burton questioned the licensing, in Mashpee, of DonnaJean Lopez, John Whalley, Emily Kogut and Dawn Gaynor who are listed on the brochure offering Reikki services. Mr. Harrington is unsure of their status. Among the services being offered, Mr. Kaplan questioned what is regulated. It was discussed that Embodyment, Yoga, Holistic Healthcare and Shamanism are not regulated. It was clarified that any therapy involving touching and physical contact is regulated, such as Gentle Touch Healing. Ms. Burton suggested a continuance until more information is received such as additional licensing and educational information for the other practitioners and the Health Agent is able to visit the site for more information. Mr. Harrington confirmed that a health inspection is needed. It was
stated that the business is already operational as an extension of the shop and gallery.
Ms. Burton made a motion to add the Angel Room Wellness Center to the agenda for July 22, 2009. Motion seconded by Ms. Egloff. All voted unanimously.
Ms. Burton made a motion to continue the application for a Bodywork Facility Permit for the Angel Room Wellness Center. Motion seconded by Ms. Egloff. All voted unanimously.
OLD BUSINESS
Draft Recycling Regulation
Ms. Egloff suggested that the legal definitions utilized in the Easton document for Refuse/Rubbish, Municipal Solid Waste and Recycling be adopted for the Mashpee document. It was discussed that Municipal be deleted from “Municipal Solid Waste.” Board members discussed that they are still awaiting a final decision on the Regulations.
DISCUSSION
Legal Opinion on Burial Permit Fees
Mr. Harrington confirmed that the $5 fee appears on the schedule but that it was not being charged. Mr. Kaplan stated that, given the recent SJC decision, to begin charging the amount. Ms. Egloff confirmed that the Board of Health has the option to waive the fee in cases of hardship.
48 Fells Pond Road
Mr. Harrington stated that the home was a tear down/rebuild with an approved FAST septic system. Mr. Harrington further noted that the FAST system blower was to be located at the garage corner to limit noise impact to the abutter, but that it was installed at another location. Efforts have been made to resolve the issue but the system could not be relocated because it would be harmed by the collection of condensation due to the sloping pipe. The abutters have expressed concern about the noise from the blower, which runs constantly and requires that they keep their windows closed. Additionally, they did not oppose the variance, despite the system being located within 5’ of their property line, because the condition was added that the blower would be located by the garage. It has been suggested
that while the abutters are at their home, the FAST system be shut down while a permanent solution be determined. Mr. Harrington described the sound as a high pitched whine. Mr. Harrington stated that the owner is willing to build a ventilated structure around the blower to reduce the sound. Ms. Egloff questioned whether or not the Board of Health approval is nullified since the owner did not adhere to the conditions. Mr. Kaplan responded that this is a violation. Mr. Kaplan recommended allowing the owner until October 1 to attenuate the noise.
Letter of Interest from Eric Dublirer
It was discussed that there was currently no opening on the Board of Health.
MHOA
Mr. Harrington read a letter from MHOA requesting that Boards of Health support the Act in Ways and Means for the Pandemic Flu response. Board of Health members agreed to sign the letter.
Seasonal Influenza Vaccine
Mr. Harrington reported that he received a memo regarding the seasonal Influenza vaccine, noting that some priorities have changed. Long term care and assisted living facilities will not receive the state supply but that children 6 months to 18 years will be first priority and then supplies will go to the Boards of Health to be distributed to high risk patients. Mr. Harrington suggested that children be offered the vaccine at the Wellness Fair and he has contacted the State about increasing the amount of vaccine. Members discussed the H1N1 virus and vaccine.
Motion made to adjourn by Ms. Burton at 9:24pm. Motion seconded by Ms. Egloff. All voted unanimously.
Respectfully submitted,
Jennifer M. Clifford
Board Secretary
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