TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of Wednesday, November 18, 2009
Board Members Present: Also Present:
Burton Kaplan, Chairman Glen Harrington, Health Agent
Lucy Burton, Co-Chairman
Kalliope Egloff, Clerk
Chairman Burton Kaplan called the meeting to order at 7:00 PM.
APPOINTMENTS
7:15 – Jeanne Andre, 8 Cranberry Avenue – Septic Variance Request
Glen Harrington stated that A&K Septic did a septic inspection at 8 Cranberry Avenue on 11/11/09. The inspection report stated that the septic tank and the distribution box have access covers to grade so the tank and the D Box can be inspected but the leaching pit is 7 feet down and is without the required riser to the surface. It is the contention of A&K Septic that they would have to hand dig the dirt and hand truck it out due to the lot slope and location of the system.
Dennis Andre, property owner of 8 Cranberry Avenue, introduced himself to the Board. Mr. Andre was requesting a septic regulation variance from the BOH in order not to be required to install a riser on the leaching pit. Mr. Andre cited extreme financial hardship as well as the problem of having to gain access to the leaching pit via his abutter’s property as his reasons for the variance request. The property at 8 Cranberry Avenue is 30 feet above the roadway in front of the lot. Mr. Andre told the Board that he lost his job two weeks ago, and that he is in the process of trying to sell his property, hoping to have the closing some time in January 2010.
Glen Harrington stated that there are two bases for the BOH to grant a variance: (1) equal environmental protection, and (2) manifest injustice, in which hardship to the owner must be proven. Lucy Burton stated that in her opinion, Mr. Andre had proven that a financial hardship exists, and that access to install a riser to the leaching pit was extremely problematic and such installation would be extraordinarily costly.
Lucy Burton made a motion to approve the variance request by Dennis Andre to not install the riser at 8 Cranberry Avenue, due to the fact that a hardship to the owner exists, that access to the property to install a riser to the leaching pit is very problematic, and that it is possible to inspect the septic system by camera. Kalliope Egloff seconded the motion. All approved.
Glen Harrington stated that he would write a letter to Mr. Andre confirming the decision by the Board of Health to approve the variance request for 8 Cranberry Avenue, and that the BOH now considers the septic system to be in compliance with the Title V regulation.
Lucy Burton made a motion to add 79 Scituate Road to the agenda. Kalliope Egloff seconded the motion. All approved.
7:30 PM 79 Scituate Road – Variance Requests
Peter McEntee of Engineering Works, Inc. introduced himself to the Board as representing the owners of the property at 79 Scituate Road, Mr. and Mrs. Robert J. Maxwell. Mr. McEntee was requesting the following variances for the purpose of a Title V Septic upgrade at 79 Scituate Road:
310CMR 15.405(1)(h): Contents of Local Upgrade Approval
1. A 1’ reduction to the required separation between maximum seasonal high groundwater elevation and bottom of S.A.S., for a 4’ separation.
Local Regulation: Part IX-Section 9-Leaching Distance Requirements
2. A 32’ variance to the 150’ requirement for a 118’ setback to the well on Lot 412 (House#12 Radcliffe Rd.).
3. A 35’ variance to the 150’ requirement for a 115’ setback to the well on Lot 394 (House #18 Radcliffe Rd.).
Glen Harrington presented some background history of the property, stating that there is a catch basin located at the front of the property by the driveway. This property and a few other properties behind it are at the bottom of the valley on Scituate Road, and there is an excess of water that collects in the back yards of these properties after a heavy rainstorm. Mr. Maxwell, the property owner, has threatened in the past to sue the Town for failure to maintain the catch basin. Glen Harrington stated that he had made Town Manager Joyce Mason aware of the threat by the owner. Glen Harrington felt that there should be further discussion before putting a leaching facility back where there is standing water.
Because other solutions exist, Lucy Burton made a motion to deny the variance request for a 1’ reduction to the required separation between maximum seasonal high groundwater elevation and the bottom of S.AS. and for a 4’ separation for 79 Scituate Road, due to the flooding in the backyard. Kalliope Egloff seconded the motion. All approved.
NEW BUSINESS
1. Sign Warrant. Board members signed the warrant.
2. Approve Public Session Minutes: November 4, 2009
Lucy Burton made a motion to approve the minutes of November 4, 2009 with the changes as discussed. Kalliope Egloff seconded the motion. All approved.
3. Title V Violations: 14 Seconsett Point Road
Glen Harrington stated that both he and Veronica Warden went back to 14 Seconsett Point Road to check the septic system and found it to be overflowing at the surface of the ground. Per the BOH letter dated 9/28/09 and also the last letter the Board agreed upon to be dated October 30, 2009, the Federicos, property owners, would be fined $500 per day under the nuisance laws if the septic was breaking through the surface, and that the fines would accrue until the design plan was submitted to the Board of Health. Glen Harrington stated that the 9/28/09 letter was received, but the 10/30/09 letter has not yet been received informing them they are being fined. The Federicos still have not yet contacted the BOH.
Lucy Burton made a motion to set a one-time fine of $500 for the septic system overflowing at the ground surface, per the BOH inspection at 14 Seconsett Point Road on November 9, 2009. Kalliope Egloff seconded the motion. All approved.
4. 148 Sunset Strip – Mr. Steven Doherty
Glen Harrington stated that Mr. Doherty owns three properties, including the one at 148 Sunset Strip. Two of the properties failed the septic inspection in 2005 but all notices from the Board of Health went to the wrong address. However, Glen Harrington stated that he had had conversations with Mr. Doherty while repair was being done on one of his properties. Mr. Doherty is now $7000 in arrears in back taxes, and is asking for an extension until the end of December 2009 by which time he will have paid the back taxes, thereby allowing him to secure a loan to fix the septic system at 148 Sunset Strip.
Lucy Burton made a motion that repair of the failed septic system at 148 Sunset Strip and issuance of a Certificate of Compliance must be completed by 2/15/10. If repair is not completed by that date, Mr. Doherty will be fined $250.00 per day, to commence on 2/16/10. Kalliope Egloff seconded the motion. All approved.
5. Attorney Richard Terry – Remarks in 11/18/09 Cape Cod Times Article
For the record, Burton Kaplan wished to note that Attorney Richard Terry’s assumption that there was collusion between the Mashpee Board of Health and the Mashpee Water District is in error. These and other inappropriate remarks were published in a Cape Cod Times article written by Mr. Terry, appearing in the 11/18/09 issue. Lucy Burton added that the BOH had completed and all but approved its Manufactured Home Regulation in July 2009, long before the recent disagreement between Mr. Haney and the Water District.
6. Solid Waste Hauler Compliance Review
Glen Harrington reported that he met with Catherine Laurent on 11/04/09 to review the activities of each of the licensed haulers, and discussed whether haulers are actually reporting commercial waste and separating commercial waste from residential, per the BOH regulation, and whether they are providing recycling tonnage numbers on a monthly basis, per the BOH regulation.
- Allied Waste is reporting commercial waste at the Upper Cape Regional Transfer Station (UCRTS) and they are submitting recycling numbers monthly.
- Waste Management is reporting commercial waste at UCRTS and they are submitting recycling numbers monthly.
- Cape Waste is not reporting commercial waste and has only two accounts. They are reporting recycling numbers monthly.
- One Pointe Home Curators is not reporting commercial waste and there is no record of their having any commercial accounts. They are reporting monthly recycling, but their reports are inaccurate. Glen Harrington stated that he met with Deanna Broadley of One Pointe to explain that actual tonnage, not gross tonnage, is required.
- Cassella is not reporting commercial waste, and they have 5 accounts. They are reporting recycling.
- Cavossa is reporting commercial waste at UCRTS and has no residential accounts, but no report was received in August 2009.
- Macomber has 3 commercial accounts and is not reporting either commercial waste or recycling.
- Pina has 5 commercial accounts and is not reporting. They are reporting recycling but report only 6 months because they claim to have an aggregate container that is combined for Barnstable and Mashpee, and when they dump that they report a portion of it for Mashpee.
Glen Harrington plans to meet with Catherine Laurent before the next BOH meeting to complete a recycling table, and will request that Ms. Laurent attend the next BOH meeting.
OLD BUSINESS
1. Draft Recycling Regulation
Glen Harrington stated that he and Catherine Laurent attended a solid waste seminar on Tuesday, 11/17/09 at Yarmouth Town Hall, given by the State DEP whose main speaker was John Giorgio, an attorney with Kopelman and Paige. One item that was discussed was a Commonwealth General law, Chapter 40, Section 8 H which states that recycling programs, especially recycling programs that require all residents, schools, and businesses to recycle, have to be approved by Town Meeting, not just a single board or committee. Glen Harrington agreed to reformat the BOH draft recycling regulation into a bylaw format for inclusion in the warrant for the next Town Meeting, and will include the Board members’ suggested changes from the 11/04/09 BOH meeting.
Burton Kaplan summarized the situation by saying that Glen Harrington needs to reformat the BOH draft recycling regulation into a bylaw format, that the BOH needs to talk to DEP, and needs to send the reformatted recycling regulation to Town Counsel for review before it appears in the warrant. Kalliope Egloff stressed the importance of getting the word out to the public as to the importance of everyone participating in recycling, and how beneficial recycling is to the entire Town.
DISCUSSION
1. New Tobacco Products Update
The Board asked Glen Harrington to work on revising the current Tobacco Products regulation to incorporate the new nicotine-delivery products.
2. Seasonal & H1N1 Flu Response
Kalliope Egloff and Burton Kaplan noted that the distribution of the H1N1 flu vaccine on the Cape seemed to be inequitable. For example, certain towns on the Cape are receiving the vaccine while others are not; the Wampanoag Tribe received a supply of the vaccine before the Town; certain people who are not within the danger group are getting the vaccine because they work for a certain company, or are incarcerated.
Glen Harrington stated that the Town does have a supply of the vaccine and that he will do 99% of the planning to arrange for clinics at K.C. Coombs School. Children receiving the vaccine must have written parental permission. The VNA will keep a record of the parental permit forms received at the clinic. Glen Harrington expects 70% participation at the clinics, and stated that he had checked with School Superintendent Ann Bradshaw, who will check with the school principal to make sure that after-school hours on Monday or Tuesday, Nov. 23 and 24, 2009 are approved for the flu clinics. The MRC will be contacted to provide volunteers for the clinic; the VNA currently is on standby. Glen Harrington stated that he has data available on the total number of doses given to each Cape town.
3. Mashpee School Cancer Survey – FYI
Glen Harrington distributed to the Board a Cancer Survey of Mashpee Public Schools, including staff, dated March, 2009, received from MaryRose Grady. Glen Harrington stated that the survey was done because the schools wanted the Dept. of Public Health to comment on how the Mashpee numbers compared with the State. No report has been received to date from the DPH regarding the survey results.
4. Draft Rental Property Housing.
Further revisions by the Board members were made to the Rental Property Housing Regulation. Glen Harrington will incorporate the suggested changes into the Rental Property Housing draft for approval at the next BOH meeting.
5. FY 2011 BOH Budget
Glen Harrington distributed copies of the BOH FY 2011 budget. The Board members congratulated Glen Harrington on an excellent job.
6. Bottle Bill
Glen Harrington stated that he had spoken to Joyce Mason regarding the Bottle Bill, and that Joyce Mason plans to take the issue to the Board of Selectmen in December for their review. Glen Harrington stated that the new Bottle Bill includes all juice and water containers.
The next meeting of the Board of Health is scheduled for Wednesday, December 9, 2009 at 7:00 PM, to be held in Conference Room 3. As there was no further business, the meeting was adjourned at 9:15 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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