Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Mashpee Town Hall – Conference Room 3
Minutes of the Meeting of Wednesday, May 11, 2011
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 – Peter McEntee, P.E. - Septic Variance: 246 Monomoscoy Road
Peter McEntee, P.E., with Engineering Works, Inc., introduced himself to the Board.
Mr. McEntee stated that on behalf of his client, Ms. Sandra Lorusso, he was requesting the following variances for the purpose of a Title 5 Septic Upgrade at 246 Monomoscoy Road:
310 CMR 15.405(1)(a)(b)(g) & (h): Contents of Local Upgrade Approval
1. A 5’ variance, SAS to property line (front), for a 5’ setback
2. A 5’ variance, SAS to property line (side), for a 5’ setback
3. A 3’ variance, septic tank to property line (side), for a 7’ setback
4. A 5’ variance, septic tank to cellar wall, for a 5’ setback.
5. A 9’ variance, septic tank to water service (sleeved), for a 1’ setback
6. An 11’ variance, SAS to cellar wall (crawl space), for a 9’ setback
7. A 1’ reduction to the required 5’ separation between maximum groundwater elevation and bottom of SAS for 4’ of separation
Glen Harrington commented that this is an existing dwelling with a cesspool. The bedrooms are in question as there is no historic information to prove otherwise. The variances requested are in line with this type of upgrade. Glen’s recommendation was to approve the requested variances, pending submittal of floor plans to document the number of bedrooms.
Lucy Burton made a motion that the Board approve the variances as submitted for 246 Monomoscoy Road, pending submittal of floor plans to document the exact number of bedrooms. Burton Kaplan seconded the motion. The motion was unanimously approved.
7:30 – Ferreira Associates – Septic Variance – 44 Uncle Edwards Road
Steve Palumbo, with Ferreira Associates, introduced himself to the Board as representing Claire Lavin, owner of the property at 44 Uncle Edwards Road.
Glen Harrington commented that this is an existing dwelling with a septic tank that is partially under the sunroom addition and a failed leaching pit. The property is up for sale and two of the abutters are still on potable wells. In the past, the BOH has required a denitrification in lieu of variances under 100 feet to abutters’ wells. Glen stated his belief that there is no other solution. A soil test could not be done because of property constraints so a soil evaluation shall be done at the time of installation.
Variance requests from 310 CMR 15.211 Minimum Setback Distances:
1. Existing private well at #49 Uncle Percy’s Road less than 150 ft. from soil absorption system
2. Existing private well at #51 Uncle Percy’s Road less than 150 ft. from soil absorption system
Variance Requests from 310 CMR 15.405 (1) (H)
1. Existing private well at #49 Uncle Percy’s Road less than 100 ft. from soil absorption system
2. Existing private well at #51 Uncle Percy’s Road less than 100 ft. from soil absorption system
Mr. Palumbo stated that the affected abutters at #49 and #51 Uncle Percy’s Road have been notified via certified mail re: the Public Hearing scheduled for 5/11/11 at Town Hall.
Lucy Burton made a motion to approve as submitted the Septic Variance requests with the standard O & M for the denitrification and soil evaluation at the time of the installation, with a cover letter outlining the variance requests. Burton Kaplan seconded the motion. The motion was unanimously approved.
7:45 – Don Bliss – Septic Inspection Variance – 63 Triton Way
Don Bliss, Realtor, introduced himself as representing Edward and James Quinn, owners of the property at 63 Triton Way.
Glen Harrington commented that the property is for sale, which prompted a septic inspection done on 4/15/11 by Shawn McElroy. Results of the inspection noted a “Conditional Pass”, as the septic tank is older than 30 years. The buyers wish to tear-down/rebuild with a new septic system, making the replacement now of the non-compliant septic tank a waste of money. The Septic Inspection regulation requires all violations to be fixed prior to the sale. Glen stated that he had recommended a variance to be requested.
Glen Harrington recommended approval of the variance request with the condition of an Enforceable Agreement, and recommended that if the house is not torn down in 3 months, then the septic tank must be installed. If the house is torn down within 3 months, the Occupancy Permit should be held until the septic is completed with C-O-C issued.
Lucy Burton made a motion to approve the variances requested by the owners of the property at 63 Triton Way, with the stipulations that the house is torn down by 9/15/11, with no occupancy between now and then, with a hold on the Occupancy Permit until the septic is completed with the Certificate of Compliance, and with all the aforesaid stipulations included in an Enforceable Agreement. Burton Kaplan seconded the motion. The motion was unanimously approved.
NEW BUSINESS
1. Sign Warrants. There were no warrants.
2. Review Public Session Minutes: 4/27/11
Burton Kaplan made a motion that the Board approve as submitted the minutes of the Board of Health Public Session held on 4/27/11. Kalliope Egloff seconded the motion. Lucy Burton abstained. The motion was approved.
3. C.L. Noonan Container Services – Failure to Comply with Refuse Regulations (cont’d)
Christopher Noonan of C. L. Noonan Container Service, Inc., introduced himself to the Board.
Glen Harrington gave a brief recap of the issue, stating that on March 11, the BOH received information that C. L. Noonan Container Services was disposing of Mashpee refuse at the Bourne Landfill. A “Show Cause” letter was sent to C.L. Noonan to explain why no Mashpee Refuse permit was obtained by the company, and why waste was being brought to an unapproved facility. Glen stated that there was just one violation by C.L. Noonan listed on the report from Bourne.
Lucy Burton made a motion to fine C. L. Noonan Container Service, Inc. $1000 for their one violation, based on advice received from Town Counsel. Burton Kaplan seconded the motion. The motion was unanimously approved.
4. C.L Noonan Container Services – Request for 2011 Trash Hauler’s License: (cont’d)
Christopher Noonan stated that he has just one client in Mashpee, the Mashpee Free Clinic on Commercial Street, and that there was just one C.L. Noonan load included on the Bourne Landfill report. Mr. Noonan stated that his company does not service the Free Clinic dumpster, Cape Waste does, and since Cape Waste was permitted as a Mashpee refuse hauler, Mr. Noonan thought he did not require a Refuse Hauler’s permit for Mashpee.
Burton Kaplan made a motion that, subject to payment of the $1000 fine imposed by the BOH on C.L. Noonan Container Services, Inc., the Board approve the 2011 Refuse Hauler’s Permit application submitted by C.L. Noonan Container Services, Inc. Lucy Burton seconded the motion. The motion was unanimously approved.
5. Failure to Comply with Refuse Regulations: Cavossa Disposal Corp (cont’d)
Bill Sullivan, with Cavossa Disposal Corporation, introduced himself to the Board. Mr. Sullivan stated that Cavossa Disposal Corp. had been notified of the Bourne Landfill report which included seven loads received from Cavossa in the past year. Mr. Sullivan stated that all MSW has to go to the Upper Cape Regional Transfer Station (UCRTS), but when he has a mixed load of MSW and C&D mixed with other trash, the UCRTS will not accept it, which explains why the seven loads were dumped at the Bourne Landfill. C&D loads are not accepted at UCRTS. Mr. Sullivan’s query to the Board was where his company should dispose of mixed loads.
Burton Kaplan stated that Town Counsel has told the BOH that mixed loads can no longer be taken to Bourne Landfill, thereby making it Cavossa’s responsibility to ensure that their dumpsters do not contain mixed loads. Lucy Burton stated her opinion that it is the responsibility of Cavossa to control the contents of the loads, and if necessary they should supply two separate dumpsters, one for C&D, and one for MSW.
Lucy Burton made a motion that the BOH revoke the Cavossa Disposal Corp. Refuse Hauler’s permit for 2011, for taking MSW to Bourne when every load of MSW should be going to UCRTS, per the BOH minutes of 1/27/10, Item #3. The minutes state that one violation of the UCRTS regulations or the BOH regulations will result in immediate revocation of the Cavossa Disposal Corp. Waste Hauler’s permit. There was no second to the motion.
Kalliope Egloff stated that had the seven reported Cavossa loads dumped at Bourne Landfill contained MSW alone, she would be in support of the motion presented by Lucy Burton. However, the Board is now dealing with the X factor of mixed loads, which the Board has not previously considered. Glen Harrington stated that he has no immediate solution to mixed loads.
John Elliott, Chairman of the UCRTS, introduced himself to the Board. Mr. Elliott stated that in the past 6 to 8 years since he has been at UCRTS, there has been only one Cavossa mixed load rejected. Mr. Elliott stated further that the UCRTS does not submit rejection slips to the refuse haulers.
Burton Kaplan made a motion that the Board table further discussion on the problem of how to handle mixed loads until after consulting with Town Counsel on the issue. Kalliope Egloff seconded the motion. Lucy Burton opposed. The motion was approved.
Kalliope Egloff advised Bill Sullivan to inform Carl Cavossa of the seriousness of the matter of delivering mixed loads to Bourne Landfill.
6. Failure to Comply with Refuse Regulations: Waste Solutions Inc. (cont’d)
Michael Mowbray, President and owner of Waste Solutions, introduced himself to the Board. Mr. Mowbray stated that he had hired C.L. Noonan to haul Mashpee waste material for Waste Solutions, unaware that they were not licensed Mashpee haulers. Mr. Mowbray stated that the Bourne Landfill uses the honor system, asking haulers where their load is from and what the load contains, resulting in the 61 reported Waste Solutions loads from Mashpee taken to Bourne Landfill. Mr. Mowbray stated that Waste Solutions had no intention of violating the Mashpee regulation.
Burton Kaplan made a motion that Waste Solutions Inc. be fined $1000.00 based on recommendation of Town Counsel for those violations previously discussed. Lucy Burton seconded the motion. The motion was unanimously approved.
7. Request for 2011 Trash Hauler’s License: Waste Solutions (cont’d)
Lucy Burton made a motion to approve the application from Waste Solutions Inc. for a 2011 Mashpee Trash Hauler’s license, pending receipt of payment of the above-levied $1000 fine. Burton Kaplan seconded the motion. The motion was unanimously approved.
OLD BUSINESS
1. Tobacco Regulation – Version: May 11, 2011
The Board proceeded to review the regulation, making further amendments to the document.
Burton Kaplan made a motion that the Board approve the May 11, 2011 Tobacco Regulation version subject to the amendments recommended by the Board. Lucy Burton seconded the motion. The motion was unanimously approved.
2. Paperwork Reduction Electronic Regulation – Version: May 11, 2011
The Board proceeded to review the regulation, making further amendments to the document.
Lucy Burton made a motion that the Board approve the May 11, 2011 Paperwork Reduction Electronic Regulation version, subject to the amendments recommended by the Board. Burton Kaplan seconded the motion. The motion was unanimously approved.
DISCUSSION
1. FYI – Spring 2011 Semi-Annual Monitoring Report: Asher’s Path Landfill
Glen Harrington distributed copies of the Spring 2011 Semi-Annual monitoring report on Asher’s Path Landfill completed by Weston & Sampson. Weston & Sampson recommends that the Town continue to monitor the groundwater, surface water and soil gas in accordance with the post-closure monitoring program.
2. Solar Photovoltaic Project: Mashpee Landfill
Glen Harrington reported that the draft RFP is out, but he has not seen it, and is not certain whether or not it has been approved.
3. Recycling
Kalliope Egloff stated that she would like to see the Board take a stand on the recycling issue, and support the ban on the disposal of recyclables with the trash. Kalliope stated her feeling that NOT recycling is a problem and the BOH has a voice that needs to be heard. If the Board is going to support any authentic fiscal responsibility in Mashpee, it needs to stand up for recycling: it’s so easy, it’s not rocket science and it really would save the Town money.
Lucy Burton recommended that the Board of Health schedule a joint meeting with the Recycling Committee.
NEXT MEETING
The next meeting of the Board of Health was scheduled for Wednesday, May 25, 2011, Mashpee Town Hall, in Conference Room 1. As there was no further business, the meeting was adjourned at 9:25PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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