TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC SESSION
Conference Room 1 – Town Hall
Minutes of the Meeting of Wednesday, Dec. 22, 2010
Board Members Present: Member Absent: Also Present:
Kalliope Egloff, Chairman Lucy Burton, Co-Chair Glen Harrington, Health Agt
Burton Kaplan, Clerk
Chairman Kalliope Egloff called the meeting to order at 7:00 PM.
APPOINTMENTS
7:15 PM Bill Weller – Title V Variance - 9 Bight Circle
Bill Weller of Weller & Associates introduced himself to the Board as representing Joseph E. Onstott, owner of the property at 9 Bight Circle. Mr. Weller requested the following variances for installation of the new sewage disposal system at 9 Bight Circle:
1) SAS to street line: 10’ required, 5’ provided (primary)
2) SAS to street line: 10’ required, 1’ provided (reserve)
3) SAS to property line: 10’ required, 8’ provided (reserve)
4) SAS to garage slab: 10’ required, 1’ provided (reserve)
Glen Harrington commented that the BOH has treated this as new construction because it was going from three bedrooms to five bedrooms, and since this property is not in Zone 2 there is no restriction as to number of bedrooms. Glen stated that all other BOH requirements have been met.
Burton Kaplan made a motion that the Board approve the variance requests as presented above by Bill Weller for the property at 9 Bight Circle. Kalliope Egloff seconded the motion. The motion was unanimously approved.
7:30 PM Pamela Peters – Variance Relief from BOH Regulation – 5 Forest Road
Pamela Peters introduced herself to the Board, stating that she is a local real estate broker. Ms. Peters stated that she is trying to help a family at 5 Forest Road in Popponesset who are in financial distress. The family, whose house is being sold before foreclosure, has no money. The lending bank is Bank of America (BOA). The house has been under contract since August 2010. Ms. Peters requested the BOA to take on the cost of upgrading the septic system at 5 Forest Road, but BOA denied the request. The buyer, Robert Rano, has agreed to pay for the septic upgrade, and his lender, Sovereign Bank, will allow the closing to take place with the stipulation that Mr. Rano proceed to replace the septic system immediately after the closing. Ms. Peters stated that Kevin Smoller, a local septic installer, has
been lined up to do the work. The $10,000 for completion of the septic installation will be escrowed by the closing attorney until a certificate of compliance is produced. Ms. Peters stated that they are now waiting for the final approval from BOA, which closing attorneys say is very close to being received. Ms. Peters stated that they are hoping for the closing to take place by the middle of January.
Ms. Peters requested that the BOH give Robert Rano 60 days from the date of closing to have the septic system installed and the certificate of compliance issued.
Burton Kaplan made a motion to approve the variance request for the septic upgrade at 5 Forest Road, subject to the execution of an enforceable septic agreement, subject to the closing attorney retaining the escrow amount of $10,000, and subject to the septic installation being completed with certificate of compliance issued, no later than 90 days from the closing date. Kalliope Egloff seconded the motion. The motion was unanimously approved.
NEW BUSINESS
1. Sign Warrants. No warrants.
2. Review BOH Minutes: 9/15/10, 9/29/10, 10/13/10, 12/08/10
Burton Kaplan made a motion that the BOH approve as amended the minutes from the Board of Health public session of 9/15/10. Kalliope Egloff seconded the motion. The motion was unanimously approved.
Burton Kaplan made a motion that the BOH approve as amended the minutes from the Board of Health public session of 9/29/10. Kalliope Egloff seconded the motion. The motion was unanimously approved.
Burton Kaplan made a motion that the BOH approve as amended the minutes from the Board of Health public session of 10/13/10. Kalliope Egloff seconded the motion. The motion was unanimously approved.
Burton Kaplan made a motion that the BOH approve as amended the minutes from the Board of Health public session of 12/08/10. Kalliope Egloff seconded the motion. The motion was unanimously approved.
OLD BUSINESS
1. 15 Holly Farm Road – Carolyn Lockwood
Glen Harrington stated that to date, Carolyn Lockwood, owner of the property at 15 Holly Farm Road, has made no improvements to the condition of the property or the house, and during his last attempt to inspect the property, Glen stated that Ms. Lockwood’s son refused to let him in the house. Glen stated that information about USDA assistance was given to Carolyn Lockwood, and his numerous attempts to speak to her by phone have been unsuccessful. Kalliope Egloff noted that the Board has been very accommodating and considerate of Ms. Lockwood over the last months. Glen reported that Gail Wilson, Director of Human Services, had visited Ms. Lockwood in the hope of working on some of the social and behavioral issues involved, but found Ms. Lockwood to be uncooperative.
Glen Harrington stated that previous Board inspection reports had not stated that the violations were an endangerment to Ms. Lockwood’s health, and therefore the Board is not in a position to pay for the necessary repairs and charge Ms. Lockwood for the work.
The Board agreed that the role of the BOH is to deal with public health, and in this particular instance, the Board is dealing with the health of a single individual. Glen stated that in this case, the sanitary code is what is dictating the Board’s actions. Glen’s feeling was that although fining and bulldozing this property with enforcement probably was not the way to get results, his recommendation was to try it to see if the Board can get some cooperation from Ms. Lockwood.
Burton Kaplan made a motion that a fine of $25 per day be assessed against the owner of the property at 15 Holly Farm Road until a further inspection reveals that the property is in compliance with the BOH sanitary codes. Fines will commence on the date of receipt of the letter to 15 Holly Farm Road. Kalliope Egloff seconded the motion. The motion was unanimously approved.
Glen Harrington stated that he will request Gail Wilson, Director of Human Services, to follow up with a second visit to Ms. Lockwood.
2. Tobacco Regulation
Discussion was continued until the next meeting with full Board attendance.
3. Paperwork Reduction Electronic Regulation
Discussion was continued until the next meeting with full Board attendance.
DISCUSSION
1. BOH Fee Schedule for 2011
The Board members reviewed the proposed Board of Health 2011 fee schedule, line by line, and made recommended changes to the fees. Approval of the fee schedule was continued until the next meeting with full Board attendance. Lucy Burton will be furnished with a copy of the proposed fee changes before the next BOH meeting.
NEXT MEETING
The next meeting of the Board of Health is scheduled for Wednesday, January 12, 2011, at 7 PM at Mashpee Town Hall. As there was no further business, the meeting was adjourned at 8:30 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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