TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC SESSION
Mashpee Town Hall – Conference Room 3
Minutes of the Meeting of Wednesday, November 17, 2010
Board Members Present: Member Absent: Also Present:
Kalliope Egloff, Chairman Burton Kaplan,Clerk Glen Harrington, Health Agent
Lucy Burton, Co-Chairman
Chairman Kalliope Egloff called the meeting to order at 7:07 PM.
APPOINTMENTS
7:15 – Alan Girard - Show Cause Hearing – Housing Code Violation
21 Horseshoe Bend Way
Alan Girard was not in attendance at the meeting. Glen Harrington gave the Board members background information regarding the housing code violation at 21 Horseshoe Bend Way, stating that the original inspection for this property took place on March 20, 2010. Glen stated that he spoke to Mr. Girard, owner of the property, after Mr. Girard received the BOH Order to Correct letter. Mr. Girard said he would do the repairs when he came to the Cape for the summer. The summer passed, and when a follow-up inspection was conducted by Veronica Warden, it was determined that no work had been done. A private utility pole that services the cottage on Ashumet Pond is down. The main part of the structure is fine, but the porch is falling apart, the screens are torn apart and the raccoons have gotten
under and around the house and on the porch. The utility lines are less than 10 feet off the ground.
Lucy Burton made a motion that the Board of Health fine Mr. Girard $200 for failure to comply with the previous order to have the work completed, and $25 per day from receipt of an order letter from the Board of Health, until the work is completed and a Board of Health inspection is performed. Kalliope Egloff seconded the motion. The motion was unanimously approved.
7:30 – Cheryl O’Brien – Town Water Hookup – 142 Lovell’s Lane
Glen Harrington reviewed the background of the situation at 142 Lovell’s Lane, stating that at the 10/13/10 BOH meeting, it was voted to have the property connected to Town water, as the property owner did not comply with the timeline (10/01/10) to resample the well. Glen stated that Ms. O’Brien contacted him on 10/14/10, the day after the BOH meeting to say that there were extenuating circumstances as to why the well had not been sampled. Glen Harrington stated that he had instructed Ms. O’Brien to request a hearing before the Board.
Cheryl O’Brien, owner of the property at 142 Lovell’s Lane, introduced herself to the Board. Ms. O’Brien stated that in the past, any time she had her well water tested, it was always tested at the outside spigot. Ms. O’Brien stated that she removed the outside spigot in preparation for building an addition to her house during the summer, but the work on the addition was delayed. Ms. O’Brien was under the impression that she would have to have the water re-tested at the same spigot, and needed to have the spigot replaced. Glen Harrington explained to Ms. O’Brien that she could have the water tested inside the house, preferably in the bathroom tub. Ms. O’Brien also mistakenly thought the Town would need to do the testing, as they always had in the past,
and she did not realize she could conduct the testing herself. After learning that she could arrange for the testing, Ms. O’Brien had the water retested, and the results indicated the nitrate level at 4.05, the recommended limit being10.
Glen Harrington recommended that Ms. O’Brien have the well water tested again in June or July of 2011 to determine whether the spike in the nitrate level this past summer was merely a seasonal type of variation. Ms. O’Brien stated that to be on the safe side, she is continuing to drink bottled water, and she agreed it would be wise to retest the water in six months. Glen Harrington stated that a letter will be sent out from the BOH to Ms. O’Brien requesting that she have her water tested again in six months.
7:45 – Russell Cazeault – Show Cause Hearing – Housing Code Violation:
47 Beechwood Drive
Glen Harrington stated that on February 26, 2010, a housing inspection was performed at 47 Beechwood Drive, due to a complaint. Three violations were observed and noted. Glen stated that he spoke with Mr. Cazeault on March 10, 2010 and discussed each of the violations. The owner did not contact the BOH, so a show cause letter was sent on 10/26/10. On 11/17/10, Veronica Warden returned to the property for a re-inspection, and found all the violations had been corrected.
Lucy Burton made a motion that the Board of Health fine Russell Cazeault of 47 Beechwood Drive $200.00 for noncompliance. Kalliope Egloff seconded the motion. The motion was unanimously passed.
NEW BUSINESS
1. Sign Warrants. Board members signed the warrants.
2. Review Public Session Minutes: 9/15/10, 9/29/10, 10/13/10, 10/27/10
The Board members submitted amendments to the minutes of the 10/27/10 meeting.
Lucy Burton made a motion to approve, as amended, the minutes of the 10/27/10 Board of Health meeting. Kalliope Egloff seconded the motion. The motion was unanimously approved.
Approval of the 9/15/10, 9/29/10, and 10/13/10 minutes will be continued to the next BOH meeting with full Board attendance.
3. Commercial Site Plan - Title V Application Approval – First Citizens Federal Credit Union, 71 Jobs Fishing Road
Michael Borselli, P.E., Falmouth Engineering, Inc., introduced himself to the Board as representing First Citizens Federal Credit Union to be located at 71 Jobs Fishing Road in Mashpee. Mr. Borselli presented the site plan, including a septic plan, to the Board, stating that he had been before the Design Review Committee, the Zoning Board, the Special Permit and Variance Request process, and the Zoning Board of Appeals granted and issued the necessary variance to develop the site with the building in its location.
Glen Harrington outlined the following requirements for approval: (1) an Operations and Maintenance contract (O&M) will be required for the drainage retention areas so that they get cleaned out annually; (2) all changes in tenancy and/or use of each unit shall be approved by the Board of Health prior to issuance of a lease or sale of each unit.
Lucy Burton made a motion to approve the plans submitted by Michael Borselli of Falmouth Engineering Inc., for the First Citizens Federal Credit Union to be located at 71 Jobs Fishing Road, conditional to receipt of an Operations and Maintenance Contract, and approval by the Board of Health of all changes in tenancy and/or use of each unit. Kalliope Egloff seconded the motion. The motion was unanimously approved.
4. Draft Article – Sale and Application of Lawn Fertilizer
Glen Harrington stated that it appeared from the draft article that the BOH would be the prime enforcer of the proposed regulation. The Board members agreed with Glen Harrington that enforcement of the regulation would be a monumental task. Glen offered his over-all comments to the draft:
1) it should be done regionally in order to clean up the estuaries that the bordering towns share
2) it needs to be done for all the products that contain phosphorous, i.e., detergents, etc.
3) enforcement of the regulation would be a serious challenge
The Board agreed to continue discussion of the draft article to the next meeting with full Board attendance.
5. Stendahl Place Condominiums, Unit C4, 251 Shore Drive
Glen Harrington stated that the BOH original inspection for this property took place on November 3, 2010. The owner, Thomas Lindsey, received an order letter from the BOH and now has requested, in writing, an extension of time to perform the repairs. The owner lives in New York and wishes to be at the property to deal with contractors who will perform the repairs. Repairs include heating and plumbing issues as well as a rear door replacement.
Lucy Burton made a motion to grant a 30-day extension to January 12, 2011 to Thomas Lindsey, owner of Unit C4, 251 Shore Drive, in order to correct the violations reported in a BOH inspection dated 11/03/10. Kalliope Egloff seconded the motion. The motion was unanimously approved.
OLD BUSINESS
1. 15 Holly Farm Road – Carolyn Lockwood
Glen Harrington stated that he has heard nothing from Carolyn Lockwood, property owner at 15 Holly Farm Road. Glen recommended that the BOH conduct another inspection to determine the status of any improvements that may have been made. Glen stated further that although there are sanitary issues, the situation is not at the point where the building should be condemned – one day’s worth of cleaning would clear up much of the sanitary problems. Glen stated that he will conduct another inspection of the property before the next Board meeting on Dec. 8th, 2010.
2. Landfill Well Replacement Proposal
Glen Harrington reported that Town Manager Joyce Mason asked that he draft an article for the May 2011 Special Town Meeting for approval of funding for the well replacement. Glen stated that he plans to meet with Catherine Laurent to determine whether there are sufficient funds in the DPW budget to cover the cost of the work, so that it would not be necessary to wait until the May 2011 town meeting to complete the well replacement. Discussion of the landfill well replacement will be continued at the next BOH meeting.
3. Smoking Regulation
Discussion will be continued to the next BOH meeting with full Board attendance.
4. Electronic Filing Regulations
Discussion will be continued to the next BOH meeting with full Board attendance.
DISCUSSION
1. Benjamin Perry - FYI
Glen Harrington reported that Benjamin Perry, who was the appointed Animal Inspector, has tendered his resignation, effective on November 10, 2010. At this point, Veronica Warden is the Animal Inspector for Mashpee. Glen stated that he checked the Massachusetts General Laws and confirmed that one or more inspectors was required. Glen stated that the appointments for the coming year come up in March 2011, and he has a list of candidates for consideration to the post.
2. Board Meeting Protocols
Glen stated that he is going to get an MHB video from the training session held on Saturday, 11/13/10, for use by the Board.
3. Community Advisory – Re: Solid Waste Disposal Act Changes
Kalliope Egloff stated that in the Advisory it was stated that the new statutory language also allows the permitting entities to limit and prohibit certain types of waste to “promote reuse, waste reduction and recycling, and to protect public health”. Kalliope Egloff stated that the BOH therefore can prohibit certain types of waste, since it is regulating trash at the transfer station, and can boost the prohibition of throwing away recyclable materials. Kalliope suggested that this might be something the Board would want to consider incorporating into its Recycling Regulation.
NEXT MEETING
The next meeting of the Board of Health is scheduled for Wednesday, December 8, 2010, at Town Hall in Conference Room 3. As there was no further business, the meeting was adjourned at 8:20 PM.
Respectfully submitted,
Ina G. Schlobohm
Attachments
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