Town of Mashpee
Board of Health – Public Session
Minutes of Meeting
August 26, 2009
Board Members Present: Chairman Burton Kaplan, Co-Chairman Kalliope Egloff
Also Present: Glen Harrington, Health Agent
Absent: Clerk Lucy Burton
Mr. Kaplan called the meeting to order at 7:11 pm with a quorum.
APPOINTMENTS
7:15 – Robin Pulsifer/Sepia – Appeal BOH Decision
Robin Pulsifer was not present to address the appeal request. Fines previously assessed have been paid.
7:30 – Stuart Bornstein – Baypoint Condos
Stuart Bornstein has requested that he be released from the Performance Bond related to the septic system installed at Baypoint Condos. Mr. Bornstein claimed to have invested in a costly, “trouble free,” septic system with parts expected to last 20-25 years based on condo usage which is being maintained by Holmes & McGrath. Concern was expressed that the letter submitted by Holmes & McGrath was not specific to Baypoint Condominium but a generic letter describing reliability. Mr. Bornstein responded that he could provide a more detailed letter. Board members noted that the originally imposed conditions indicate that the Performance Bond would be released after issuance of the Certificate of Compliance. Board members were in agreement that, despite the bond, funds should be
set aside for the future repair and maintenance of the septic system, particularly since property management will ultimately be transferred to the condo Board of Trustees. The Chair requested that Mr. Bornstein submit documentation in a form such as an amendment to the Condominium’s master deed that would mandate that the future Board of Trustees provide separate reserve funds for maintaining the system in order to release the bond. Mr. Bornstein agreed to provide the board such a document prior to the board’s next meeting.
7:45 – Dace Winzeler – 50 Riverside Road – Cesspool Variance
Dace Winzeler and David Lemantani will be purchasing the ½ acre property “as is” with plans to install a 3 bedroom septic system to be utilized by the existing 1 bedroom structure until it can be torn down and re-built within a year. Mr. Harrington indicated that the Board considers two scenarios when the septic is not installed prior to the closing: 1) if the structure is torn down, additional time is allowed for permitting or 2) the structure can not be used without a new septic system. The new owners plan to close on the property on September 25 and have begun to look into engineering firms for the project.
Motion made by Mr. Kaplan to approve the transfer of the property subject to design of a 3 bedroom Title V system with designs submitted to the Board of Health submitted no later than 45 days from the date of closing, with complete installation of the system no later than 6 months from the date of closing. Motion seconded by Ms. Egloff. All voted unanimously to approve the motion.
Motion made by Mr. Kaplan that the structure will not be occupied until the septic system is completed. Motion seconded by Ms. Egloff. All voted approval unanimously.
8:00 – Doug Williams – 42 Deer Ridge Road – Title V Violations
Doug Williams was not present to address the matter of Title V violations and will be unavailable until January.
8:15 – Mike Borselli, Falmouth Engineering – 12 Squaw’s Lane – Title V Variance
David Markoff of Falmouth Engineering discussed the revised plans that propose to relocate the septic tank to a better location but will require variances to allow the tank to be less than 10 feet from the property line and less than 10 feet to a foundation wall. Mr. Harrington had no problem with the request. An effort was made to identify a more compliant location but due to the necessary elevation the tank would be above ground requiring additional filling and retaining. The proposed location is an improvement by 1 foot from the existing location. A waterproof membrane will be added to the home. Abutters have been notified, but no one was present at the meeting.
Motion made by Ms. Egloff that the Board of Health approve the two Title V variances required to move the existing septic tank at 12 Squaw’s Lane. Motion seconded by Mr. Burton. All voted approval unanimously.
NEW BUSINESS
1. Sign Warrants: Members of the Board signed two warrants.
2. Approve Public Session Minutes: 7/8/09 and 7/22/09
Board members made corrections to the minutes of 7/8/09.
Motion made by Ms. Egloff to approve the minutes of July 8, 2009 as amended. Motion seconded by Mr. Kaplan. All voted approval unanimously.
Board members made corrections to the minutes of 7/22/09.
Motion made by Ms. Egloff to approve the minutes of July 22, 2009 as amended. Motion seconded by Mr. Kaplan. All voted approval unanimously.
3. Review & Approval: Title V Variances, 93 Bluff Avenue
Dan Johnson, representing the owner, indicated that he met with Conservation and Mr. Harrington regarding potential environmental issues at the property. The dune resource area requires that anything located within 75 feet must include UV disinfection. The property is small and the leaching area accommodates the 4 bedrooms. Five variances have been requested for the septic design: 1) remove and replace down to 2 feet instead of 5 feet, 2) reduce offset to groundwater from 2 feet to 5 feet, 3) reduce offset to leaching area from 10 feet to 5 feet, 4) reduce offset from the proposed leaching field to the foundation from 20 feet to 25 feet and 5) pump chamber is within 10’ of the side property line. The abutters have been notified.
Mr. Harrington reported that 100% of the leaching area for the 4 bedrooms has been provided so the 1 foot drop to groundwater is allowable. Due to property size and proximity of the resource, Mr. Harrington expressed concern about the project’s location near the structure and will be in contact with the contractor for the project. Mr. Harrington recommended approval of the variances.
Motion made by Ms. Egloff to accept the Application for Disposal System Construction Permit for 93 Bluff Avenue with the five local upgrade approval variances pending Health Agent inspection. Motion seconded by Mr. Burton. All voted approval unanimously.
Sheila and Richard Rhodes expressed concern regarding the project’s potential adverse impact on their home and property and issues of liability. Board members stated that the contractor should take every precaution during the project but noted that issues of liability are outside of Board of Health consideration.
4. Review & Approval: Title V Variances, 370 Monomoscoy Road
Mr. Harrington reported that he was in receipt of revised plans today, but previously discussed issues such as the septic tank location and elevation and grading between the two cottages were not addressed. Mr. Harrington noted that 1 foot of cover over the top of the tank is required or else it is not meeting the manufacturer’s specifications of the tank. Additionally, Mr. Harrington stated that the plan indicates that the grading will be at the first floor against the siding and that no variance is available. Mr. Harrington had recommended to John Slavinsky that the elevation of the tank be dropped, a pump chamber installed, pumping to the leaching field. It was also noted that the hand drawn plan has been replaced with a drafted plan with minimal changes. The new plan reflects that
the project would still be 2-3 inches short of cover. It was also unclear whether or not abutters had been notified since the project would be within 5 feet of the property line.
Motion made by Ms. Egloff to continue consideration of the proposed sewerage disposal system variances for Cindy and Steve Adams of 370/370A Monomoscoy Road. Motion seconded by Mr. Burton. All voted approval unanimously.
5. Request for 2009 Mobile Food Establishment Permit: Hot Dog Paradise & More, Charles Bangs
Mr. Harrington reported that the cart will be located in the area of Boston Interiors on Route 28. Mr. Bangs has his Food Manager Certification, has passed inspection and has provided a menu.
Motion made by Ms. Egloff to approve the Food Establishment Permit for Hot Dog Paradise & More, Charles Bangs. Motion seconded by Mr. Kaplan. All voted approval unanimously.
6. Request for Temporary Food Concession (Seaside Lemans, September 12, Mashpee Commons): Bourne/Sandwich Rotary Club
Motion made by Ms. Egloff to approve the application to operate a Temporary Food Concession to Michael Miller at the Seaside Lemans at Mashpee Commons pending Health Agent Inspection. Motion seconded by Mr. Kaplan. All voted approval unanimously.
OLD BUSINESS
Draft Recycling Regulation
Mr. Harrington will update the definitions in the document. Mr. Harrington reported that, in the last meeting, it was discovered that the Easton contract was not the solution originally expected, but could be part of Mashpee’s solution. The subcommittee will be meeting again on September 1, following which the Board of Selectmen would address the issue at their next meeting. Ms. Egloff recommended that Board of Health members attend the Board of Selectmen meeting to address any questions or concerns about the Recycling Regulations. Board of Health members further discussed the financial scenarios and possibility of increases, noting that residents may be unaware of the true costs of all options. Board members also discussed cost savings with increased recycling as well as single stream
versus segregated recycling. Additionally, it was noted that the bottle bill inquiry has been forwarded to the Town Manager and Board of Selectmen. Board members agreed that Town Counsel should be provided with a copy of the draft for review.
DISCUSSION
48 Fells Pond Road
Mr. Harrington reported that the blower has been shut down until October 1 when sound attenuation will be again be addressed. Although abutters previously preferred that the blower be relocated to the garage area that was identified in the original order, it had been determined that such relocation was not an option. Board members felt that sound attenuation should resolve the noise issue and the property owner would be willing to consider such efforts. Mr. Harrington will request that Bill Everett attend a meeting in September to discuss his plan to attenuate the noise.
Weston & Sampson quarterly Landfill Gas Monitoring Results (July 2009)
A copy of the quarterly landfill inspection has been distributed to Board Members. It was reported that the missing wells were assumed destroyed. It was noted that SGW2 could be repaired by Glen Harrington with the assistance of the Department of Public Works if it is a shallow well. The need to mow the grass on the cap was questioned and Mr. Harrington reported that it was required by the state.
Seasonal & H1N1 Flu Response Update
Mr. Harrington reported that he was in receipt of a detailed plan from the state of Washington and was awaiting a Federal consent form that will be required for children that will authorize the inoculations. The VNA and town nurses will be assisting with the school clinics. Seasonal flu clinics have already been scheduled and Mr. Harrington indicated efforts are being made to keep the two totally separate since the seasonal flu requires one shot and the H1N1 will require two shots. The state has requested that school clinics be considered because both inoculations have been identified for children age 6 months to 24 years. Board members discussed the process by which children will be inoculated including a system of record keeping and parent consent and/or presence. A check list will be
provided to parents to assist in self identifying whether or not a child should attend school in the event of flu-like symptoms. It was suggested that information posters featuring hand washing and coughing etiquette be widely distributed. Board members also discussed the need to increase meetings in order to address H1N1 issues.
Rotary Signage
Ms. Egloff expressed disappointment that the posting of signs will no longer be allowed at the rotary and noted the increased participation at the Hazardous Waste Collection that resulted from signage at the rotary.
Spreadsheet for Haulers
The spreadsheet suggested by Mr. Kaplan will be prepared. The next report will be due October 15.
Motion made by Ms. Egloff to adjourn at 9:12 pm. Motion seconded by Mr. Burton. All voted approval unanimously.
Respectfully submitted as amended,
Jennifer M. Clifford
Board Secretary
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