TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC SESSION
Mashpee Town Hall – Selectmen’s Conference Room
Minutes of the Meeting of Wednesday, August 25, 2010
Board Members Present: Also Present:
Kalliope Egloff, Chairman Glen Harrington, Health Agent
Lucy Burton, Co-Chairman
Burton Kaplan, Clerk
Chairman Kalliope Egloff called the meeting to order at 7:00 PM.
APPOINTMENTS
7:15 – Albert Perry, Jr. - 48 Santuit Pond Road – Housing Violation
Glen Harrington reported that on August 2, 2010 he conducted a sanitary code inspection at the property located at 48 Santuit Pond Road, and spoke to the tenant, Jennifer Johnson, who provided access to the dwelling. The following violations were noted:
1) 105 CMR 410.351 – a cable television wire was observed extending through a floor register
2) 105 CMR 410.452 – the lower level egress steps were observed to have loose and missing bricks
Glen stated that he also found 6 rooms being utilized as bedrooms: 3 on the upper level and 3 on the lower level. BOH records indicate that there were no Building Permits obtained for the construction of the bedrooms and bathroom in the basement. Use of these rooms as bedrooms is a violation of the State Environmental Code 310 CMR 15.00 Title 5: “Minimum Requirements for the Subsurface Disposal of Sanitary Sewage.” Glen stated further that the dwelling has been altered to have four bedrooms with two additional rooms being used as bedrooms, and due to its existence in a Zone II groundwater contribution area, no more than 3 bedrooms are allowed.
Glen also noted that eight people occupy the dwelling: four are in one family living on the first floor and four are foreign students temporarily occupying the lower level. Only one kitchen was found in the dwelling and therefore the dwelling is considered to be operating as a “rooming house” – not a BOH violation, but it may have Building or Zoning Department implications. Glen stated that he had notified the Fire Department of the condition of the property located.
Albert Perry, Jr., owner of the property at 48 Santuit Pond Road, introduced himself to the Board. Mr. Perry stated that he bought the property in 1973, and together with his son, he added the family room, a bedroom and a bathroom in the basement. Mr. Perry stated that he did not apply for a building permit at that time because he was unaware of the town’s building regulation requirements. Mr. Perry stated that Mr. Tim Maloney had signed a lease for the house which states clearly that the house has three bedrooms with an allowable maximum of six occupants. Mr. Perry stated further that Jennifer Johnson, who works for Mr. Maloney, is living with her three small children in the house. Mr. Perry stated that he was not aware that there were four people living in the basement. Mr. Perry stated that
Mr. Maloney had paid the rent in advance through the month of September, making it impossible for him to evict the tenants until 10/01/10.
Mr. Maloney, who is leasing the property at 48 Santuit Pond Road, introduced himself to the Board, and stated that Mr. Perry had been informed at the time the lease was signed, and had agreed to the arrangement, that there would be four foreign students occupying the basement rooms. Mr. Maloney stated that Mr. Perry misrepresented the property, that their verbal arrangement was not working out, and that he wanted to vacate the property as soon as possible.
Jennifer Johnson introduced herself to the Board as the tenant of the house at 48 Santuit Pond Road, and stated that it would be impossible for her to vacate the property in one week’s time. Ms. Johnson also stated that she had followed through with correcting the two BOH violations noted by Glen Harrington.
After discussion among the Board members, Lucy Burton made the following motion regarding the property at 48 Santuit Pond Road:
- the doorway to the basement bedroom must be widened to 6 feet to preclude its use as a bedroom
- further inspections are to be conducted by the Health Agent, the Fire Department and the Building Department
- the occupancy must be reduced to six persons
- the above three requirements must be met by October 1, 2010
Burton Kaplan seconded the motion. The motion was unanimously approved.
7:30 – Peter McEntee, P.E. – 55 Monahansett Road – Septic Variance Request
Peter McEntee, P.E., with Engineering Works, Inc., introduced himself to the Board as representing Ms. Judith Maloney, owner of the property at 55 Monahansett Road. Mr. McEntee presented the following four variance requests for consideration by the Board for the purpose of a Title 5 Septic Upgrade at 55 Monahansett Road:
1. A 4’ variance, SAS to property line (front), for a 6’ setback
2. A 4’ variance, SAS to property line (side), for a 6’ setback
3. A 10’ variance, SAS to cellar wall, for a 10’ setback
4. A 20’ variance to the required 100’ setback from a wetland, for an 80’ setback
Peter McEntee stated that the above variance requests are due to site constraints, and added that the abutter, Alice Kelly, had been contacted by certified mail.
Glen Harrington stated his concern regarding the parking and traffic over, and the design for, the plastic chambers, according to manufacturer’s specifications. Glen stated that he is not comfortable with plastic under the driveway.
Burton Kaplan made a motion to approve the engineering proposal and the requested four variances outlined above, subject to verification of the Operations and Maintenance contract, DEP approval of the Sludgehammer, and verification of the H-20 loading requirements. Lucy Burton seconded the motion. The motion was unanimously approved.
Glen Harrington stated for the record that the abutter to 55 Monahansett Road did not attend the BOH meeting to submit any comments.
NEW BUSINESS
1. Sign Warrants. There were no warrants.
2. Approve Public Session Minutes: 7/28/10
Review of the minutes from the 7/28/10, 8/11/10, and 8/25/10 BOH meetings will take place at the next BOH meeting on 9/08/10.
3. Weston & Sampson –Landfill Gas :Monitoring Results (August 2010)
Glen Harrington stated that the Weston & Sampson report indicates that during the August 2010 monitoring round, methane, hydrogen sulfide, and NMVOCs were not detected in any monitoring locations under initial or steady state conditions. Oxygen was detected in all monitoring locations. Soil gas wells SGW-2 and SGW-13 could not be located and are assumed to be destroyed. Weston & Sampson recommends that the Town continue to perform quarterly soil gas-monitoring events at the landfill.
Glen Harrington stated that regarding the two missing soil gas wells, he can handle the repair of SGW-2, and DPW will assist in replacement of SGW-13.
OLD BUSINESS
1. Revised Tobacco Regulation
Glen Harrington stated that he received some comments from D.J. Wilson, who is on a grant through MA Municipal Association, who had specifically reviewed some comments on tobacco regulations. Mr. Wilson broke the proposed Mashpee Board of Health regulation into two regulations and took out some older and superfluous wording which has been superseded by State law. Glen stated that Mr. Wilson’s revisions to the draft were excellent in form, but he would like more time to study the document in detail. The Board members agreed to invite Mr. Wilson to a future BOH meeting to discuss the BOH tobacco regulation. Kalliope Egloff recommended that the Board should also invite the Chamber of Commerce to attend a BOH meeting, in an effort to include and be communicative with all involved parties.
DISCUSSION
1. 8/14/10 Household Hazardous Materials Statistics
Kalliope Egloff gave an overview of the results of the Mashpee collection of household hazardous materials held on August 14, 2010 at Mashpee High School. Total waste collected equaled 3,592 gallons/17,830 pounds of waste at a cost of $3,238.39 to the Town. A copy of details of the statistics is attached to these minutes.
2. Zero Waste Document from MA DEP
Kalliope Egloff distributed a draft plan of a Massachusetts 2010-2020 Solid Waste Master Plan, Pathway to Zero Waste, dated 7/01/10. Attached to these minutes is a one-page double sided synopsis of the document, prepared by Kalliope Egloff, for review by the Board. Included in the synopsis is information relevant to composting, recycling, construction and demolition, and various objectives and initiatives that MA. DEP has for eliminating solid waste, recycling and composting and food waste from institutions. Glen Harrington stated that the draft plan is still going through public comment, and updates of public comments are on the MA. DEP website. Kalliope Egloff stated that the number one objective of the MA. DEP is to maximize recycling. Glen Harrington stated that requirements by the MA. DEP for towns to
compost their food waste is not far off.
3. Nitrex Septic/Sewer Explanation – Sewer Commission Meeting
Burton Kaplan reported on a discussion held at a recent Sewer Commission meeting regarding the fact that Pirate’s Cove has been identified as a little enclave that might possibly be suitable for a demonstration project of a permeable barrier product such as Nitrex or some other similar manufacturer.
4. FYI – Public Health Training Opportunity
Glen Harrington stated that the MA Department of Public Health is offering a training opportunity titled “Foundations for Local Public Health Practice: Tools Needed to Get the Job Done”. Glen Harrington stated that evaluations from Directors, Agents, Inspectors, Public Health Nurses, and Board members who have taken the course to date have been excellent. Information on training schedules, locations, registration forms, and a 2010 Webinar schedule are attached to these minutes.
5. FYI – MHOA Annual Educational Conference
Glen Harrington reported on the 43rd Annual Educational Conference sponsored by MHOA scheduled from Wednesday, 10/27/10 – Friday, 10/29/10 at the MassMutual Center in Springfield, MA. Glen stated that he plans to attend, and is still in the process of determining whether funds will be available toward travel expenses for Board members who would like to attend.
NEXT MEETING
The next meeting of the Board is Health is scheduled for Wednesday, September 15, 2010, 7:00 PM at Mashpee Town Hall, Conference Room 3. As there was no further business, the meeting was adjourned at 8:30 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
attachments
| 
