TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting on Wednesday, July 28, 2010
Selectmen’s Conference Room – Town Hall
Board Members Present: Member Absent: Also Present:
Lucy Burton, Co-Chairman Kalliope Egloff, Chairman Glen Harrington, Health Agent
Burton Kaplan, Clerk
Co-Chairman Lucy Burton called the meeting to order at 7:05 PM.
APPOINTMENTS
7:15 Douglas Karson – MMR Update
Douglas Karson, with the Air Force Center for Engineering and the
Environment, introduced himself to the Board. Mr. Karson heads up Community Involvement at the Massachusetts Military Reservation (MMR), and was in attendance at the meeting to give an annual update on the Air Force Installation Restoration Program at MMR. (See Attachment A for Complete Summary of Talking Points)
Douglas Karson stated that over the years the well testing around the area of Ashumet and John’s Pond has found no problems. The program of private well testing on the east side of John’s Pond and south of John’s Pond and in between the ponds now rolls into the land use control program, and it is al well verification process. Everyone on the east side of John’s Pond is now ineligible for well testing. Letters were sent out to property owners explaining why this is happening.
Douglas Karson stated that the ultimate goal is to identify all private wells and all irrigation wells within the footprint of the plumes within the boundary areas. Once identified, the ultimate goal is to do a well determination, looking at all available information on the plume in that area, any well construction information, any past testing that may have been done. Safety of the well for all purposes will be determined by the State DEP and Federal EPA.
Well determination for Bourne is presently being conducted, with Mashpee and Falmouth to follow. The MMR may ask the Mashpee Board of Health to assist in contacting people with wells to respond to the inquiry into the well determination.
7:45 Cheryl O’Brien – Variance Request – BOH Well Regulation - 142 Lovell’s Lane
Cheryl O’Brien, owner of the property at 142 Lovell’s Lane, introduced herself to the Board.
Lucy Burton stated that on 6/16/10, a septic inspection performed by Ready Rooter was done for the purposes of obtaining a building permit from the Town of Mashpee. A well water sample was collected on 6/28/10, and analyzed as part of the septic inspection, per the BOH regulation. The result of the 6/28/10 water analysis indicated that nitrate nitrogen was at a concentration of 11.2 mg/L which is above the Massachusetts maximum level (MCL) of 10 mg/L. Results of a retest of the well done on 7/08/10 indicated the MCL to be 11.4 mg/L. The lab and the BOH do not consider the well water suitable for drinking purposes. A BOH order letter dated 7/13/10 was sent to Ms. O’Brien with instructions to connect the dwelling at 142 Lovell’s Lane to town water within 30 days from receipt of the letter.
Glen Harrington stated that the well on the property is southeast, or down gradient, from the septic system. Glen added that he spoke to George Heufelder, the county resident expert on wastewater and water quality, who said that there is still 25% of the septic effluent that could be getting to the well, but said that there are ways for treatment of the water.
Ms. O’Brien stated that she was asking for a variance request from the requirement to connect to town water. Ms. O’Brien stated that she had paid $3000 three years ago to have her well done, and at that time the MCL level was tested at 3.4 mg/L. Ms. O’Brien stated her concern as to where the nitrate was coming from, and suggested that the source could be a result of activity from two acre lots behind her property, with a farm. Ms. O’Brien stated that her research on the subject indicated that high nitrates is not “bad” water, that there is no scientific research that says no real harm comes from drinking that water. The exception would be for pregnant women and children, and in her case, Ms. O’Brien stated that she is not pregnant and has no children. Ms. O’Brien
stated that alternatives she has considered
include using bottled water for drinking, and installing a relatively inexpensive reverse osmosis system under her sink which would make her water safe to drink.
Ms. O’Brien summarized her statement by saying that her well water jumped from 3.4 mg/L to 11.4 mg/L in three years, and she would like the property owners behind her to stop doing whatever they are doing that may be the cause of the infiltration of nitrate into her well.
Glen Harrington stated that he had checked into possible sources of the nitrate coming from Ms. O’Brien’s neighbors, and found that the neighboring farm is down gradient from Ms. O’Brien, and therefore is not likely to be the source of the nitrate in her well. Glen Harrington added that the neighbor to the right of 142 Lovell’s Lane has had his well tested, and there was no problem with it.
Glen Harrington estimated that the cost to Ms. O’Brien to connect to town water would be approximately $2500 plus a $1200 betterment whether she connected or not, payable over a period of 20 years.
Lucy Burton stated her concern that the BOH has a regulation in place which requires hookup to town water if the water tests over the maximum level of 10 mg/L, and is not comfortable in setting a precedent of making exceptions to the regulation. The concern is that with two testings, the mg/L level is above the 10 mg/L level in Ms. O’Brien’s water.
Burton Kaplan made a motion that the Board of Health defer until 10/01/10 any action with respect to the high nitrogen levels detected at 142 Lovell’s Lane, subject to further testing at that date, with the recommendation that Ms. O’Brien use bottled water in the interim period.
Lucy Burton seconded the motion. The motion was unanimously passed.
NEW BUSINESS
1. Sign Warrants. Board members signed the warrants.
2. Approve Public Session Minutes – July 14, 2010.
Approval of the minutes was continued to the next Board meeting with full board attendance.
3. Request for 2010 Tobacco and Retail Food Permits - Walgreens.
Burton Kaplan made a motion to approve the Walgreens application for a 2010 Tobacco Sales Permit, subject to Board of Health inspection. Lucy Burton seconded the motion. The motion was unanimously approved.
Burton Kaplan made a motion to approve the Walgreens application for a 2010 Retail Food Permit, subject to Board of Health inspection. Lucy Burton seconded the motion. The motion was unanimously approved.
OLD BUSINESS
Proposed Tobacco Regulation. Discussion of the regulation was continued to the next BOH meeting with full Board representation.
DISCUSSION
Trash Haulers Letter, 7/23/10 Falmouth Enterprise – FYI
Glen Harrington reported that he met with John Elliott, UCRTS representative from Falmouth as well as one of the Falmouth Selectmen, before they went to the Falmouth Board of Health. Lucy Burton stated that the Mashpee BOH is still in a holding pattern, and needs to update the regulation once the trash issue has been resolved with the Selectmen, and would like to see the Board tighten up the enforcement of the regulation. Lucy stated that she was especially uncomfortable with a comment in the Falmouth Enterprise article that was critical of the way the Mashpee BOH handled things earlier this year.
Glen Harrington stated that the Recycling Committee had made its last presentation at the most recent Board of Selectmen’s meeting, but he had not heard any comments from the Selectmen as to their reaction to the presentation. Burton Kaplan stated his hope that the Recycling Committee would take care of all the associated PR, and leave the enforcement to the Board of Health.
Lucy Burton made a motion that the Board of Health adjourn the Public Session and go into Executive Session, not to return to Public Session, for discussion of litigation strategy in connection with MEZ Realty, Inc. Burton Kaplan seconded the motion.
Roll Call Vote: Lucy Burton, yes; Burton Kaplan, yes. The motion was unanimously approved.
As there was no further business, the meeting was adjourned at 8:10 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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