Town of Mashpee
16 Great Neck Road N.
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Mashpee Town Hall – Conference Room 3
Minutes of the Meeting of Wednesday, May 25, 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 – Steven Hynds – 333 Monomoscoy Road – Potable Well Permit
Glen Harrington reviewed the background of the case, stating that according to Town Planner Tom Fudala, a new lot, identified as 24 Russell Road, was created and approved by the Planning Board with an “Approval Not Required” (ANR) plan on August 4, 2010.
On 2/07/11, the Board of Health approved a permit submitted by the Habitat for Humanity for installation of a septic system to be installed at 43 Russell Road.
Without realizing that 24 Russell Road was a direct abutter to the proposed well location, on 4/07/11, the BOH approved a permit for a potable well to be installed at 333 Monomoscoy Road based upon a plan prepared by Chris Costa & Associates which failed to reflect either the septic or the property at 24 Russell Road.
The Habitat for Humanity/Building Department later notified the BOH that the well had been installed but was too close to the septic at 24 Russell Road, and caused the Zoning Board to hold up a decision on a Comprehensive Permit. Glen Harrington stated that the BOH Cease and Desist order for use of the well dated 5/12/11 was reviewed by Town Counsel and then mailed.
The Cease and Desist Order points out that the septic system at 24 Russell Road was approved and permitted on February 7, 2011. The site plan for the potable well on 333 Monomoscoy Road was received by the BOH on April 7, 2011, and did identify septic systems serving several parcels in the general neighborhood of 333 Monomoscoy Road but failed to note the previously permitted septic system at 24 Russell Road. The Order Letter states that, based upon the above facts, the issuance of the permit for the potable well on 333 Monomoscoy Road was premised upon materially inaccurate information, and in consideration of all currently known circumstances, the potable well failed to comport with State and local regulations pertaining to the site of potable wells. If the well was installed as proposed, it is located less than 25 feet
(i.e., 15 feet) from the permitted septic system at 24 Russell Road. Therefore, the well cannot be maintained or used, even for irrigation purposes, without obtaining a variance from the BOH and the State Department of Environmental Protection. The Order Letter states that in recognition of the above facts, Mr. Hynds is ordered, pursuant to 310 CMR 15.211, to immediately cease and desist use of the well until it is either removed or a variance is granted permitting its use for irrigation purposes only.
Robert Finnegan, attorney representing Steven and Joyce Hynds of 333 Monomoscoy Road, introduced himself to the Board. Mr. Finnegan stated that he disputed almost all the facts set forth in the Cease and Desist Order of May 12, 2011, and his goal tonight was to convince the Board to rescind the Cease and Desist order. Mr. Finnegan contended that the plan the ZBA now has for 24 Russell Road was submitted on 4/13/11, and is different from the original plan – the lot configuration and the size are different - and therefore there is no legal lot 24 Russell Road and subsequently, no legal permit exists for a septic installation at 24 Russell Road. Mr. Finnegan stated that since there is no permit, there is no septic system, and there is no 24 Russell Road. Mr. Finnegan summarized his remarks by saying that the
only conclusion that can be drawn from the above facts is that his client has totally complied with the BOH regulations, and they are completely within their rights to have installed the well and to use the well in the manner in which they intended. Mr. Finnegan is asking that the BOH rescind the Cease and Desist Order dated 5/12/11.
Glen Harrington replied that the septic plan for 24 Russell Road was based upon an approved plan, and all of the timeframes for the permit Mr. Finnegan is saying doesn’t exist are based upon the approval date. Glen’s signature and approval of a septic installation permit dated 2/07/11 is based on the issuance of a permit, and therefore is considered a permit that has been issued and approved for an existing property. Kalliope Egloff further noted that 24 Russell Road has already been assigned a map and parcel number, according to the ZBA agenda dated May 25, 2011.
Lucy Burton stated that the Habitat for Humanity septic system permit dated 2/07/11supercedes the permit for the well at 333 Monomoscoy Rd., dated 4/07/11. Mr. Finnegan responded that by the time Habitat for Humanity had filed a completed application for the ZBA or any Board, his client’s well had already been installed. Lucy Burton stated that the disputed facts had already been clarified by Town Counsel, who recommended that the BOH make no modification to the order letter.
Lucy Burton made a motion that the BOH not modify or withdraw the Order Letter dated 5/12/11 re: 333 Monomoscoy Road. Burton Kaplan seconded the motion. The motion was unanimously approved.
7:30 – Sean Rynne (Dick Lambert-Rep.) Title V Variance Request – 161 Water Way
Richard Lambert, with the Robert Paul Real Estate office, introduced himself as representing Mr. and Mrs. Sean Rynne, prospective buyers of the property located at 161 Water Way.
Glen Harrington commented that the property at 161 Water Way has been vacant/unfinished since the 70’s and a prospective buyer, Sean Rynne, is interested in purchasing the property. The property is proposed to be sold “as is” and the buyer would like to obtain a variance from the BOH Cesspool Regulation in order that the septic may be repaired after the sale. Glen stated further that he recommended approval of the variance request with the following the stipulations:
1) An Enforceable Agreement with a date to be provided by the BOH
2) Date of Engineering to be provided to the BOH
3) Date of completion of the septic installation by issuance of a Certificate of Compliance
Burton Kaplan made a motion that the variance request for 161 Water Way be approved subject to the execution of an enforceable agreement providing completion of the installation of a septic system by October 3, 2011, and its approval subject to a building permit with no occupancy of the premises based upon the building permit and the certificate of compliance. Lucy Burton seconded the motion. The motion was unanimously approved.
Glen Harrington stated that he will send a BOH decision letter to Mr. Lambert, and asked that Mr. Lambert put the agreement conditions into the enforceable agreement.
NEW BUSINESS
1. Sign Warrants. Board members signed the warrants.
2. Approve Public Session Minutes: 4/13/11, and 5/11/11.
Minutes of the BOH Public Session of 4/13/11 were amended by the Board, but not approved, pending further clarification.
Burton Kaplan made a motion that the minutes of the BOH Public Session of 5/11/11 be approved as amended. Lucy Burton seconded the motion. The motion was unanimously approved.
Approve Executive Session Minutes: 3/24/10, 4/14/10, 5/05/10, 5/26/10, 6/23/10, 7/14/10, 7/28/10, 9/15/10, 9/29/10, 2/02/11, 3/09/11.
Lucy Burton made a motion that the 3/24/10 Executive Session minutes be approved. Burton Kaplan seconded the motion. The motion was unanimously approved.
4/14/10 and 5/26/10 Executive Session minutes were continued due to pending litigation.
Lucy Burton made a motion to approve the Executive Session minutes of May 5, 2010. Burton Kaplan seconded the motion. The motion was unanimously approved.
Burton Kaplan made a motion to approve as amended the Executive Session minutes of June 23, 2010. Lucy Burton seconded the motion. The motion was unanimously approved.
Lucy Burton made a motion to approve the previously amended Executive Session minutes of July 14, 2010. Burton Kaplan seconded the motion. The motion was unanimously approved.
Burton Kaplan made a motion to approve the previously amended Executive Session minutes of July 28, 2010. Lucy Burton seconded the motion. The motion was unanimously approved.
Lucy Burton made a motion to add the Executive Session minutes of 8/11/10 to the agenda. Burton Kaplan seconded the motion. The motion was unanimously approved.
Burton Kaplan made a motion to approve the previously amended Executive Session minutes of 8/11/10. Lucy Burton seconded the motion. The motion was unanimously approved.
Lucy Burton made a motion to approve the Executive Session minutes of 9/15/10. Burton Kaplan seconded the motion. The motion was unanimously approved.
Burton Kaplan made a motion to approve the Executive Session minutes of 9/29/10. Lucy Burton seconded the motion. The motion was unanimously approved.
Lucy Burton made a motion to approve the Executive Session minutes of 2/02/11. Burton Kaplan seconded the motion. The motion was unanimously approved.
Burton Kaplan made a motion to approve the Executive Session minutes of 3/09/11. Lucy Burton seconded the motion. The motion was unanimously approved.
DISCUSSION
1. FYI – Solar Photovoltaic Project: Mashpee Landfill
Glen Harrington stated that the RFP was finalized and sent out. Glen attended a Preconstruction Conference on May 18, 2011, with eight bidding contractors also in attendance. Borrego, Weston & Sampson, Tighe & Bond, were among the contractors interested in bidding on the RFP. The Conference attendees visited the landfill and the transfer station. Glen stated that the RFP responses are due back by 6/01/11.
2. Recycling
There has been no Recycling Committee meeting since the most recent 5/25/11 BOH meeting. A new Recycling Subcommittee has been formed by the Board of Selectmen. Kalliope Egloff stated that since 1992 it has been illegal to throw away recyclable materials in the trash, and that therefore recycling, in her opinion, is mandatory. Kalliope reported on her attendance at a Solid Waste Ban meeting which concerned waste haulers’ mixed loads. Kalliope questioned why mixed loads with recyclables, state waste bans, and solid waste are not rejected, when C&D loads mixed with solid waste are rejected frequently.
3. Semi-Annual Landfill Cap Inspection: Mashpee Landfill - FYI
Glen Harrington reported that there has been more animal destruction of the drainage berm and some of the vent pipes are snapping at their weakest point.
Burton Kaplan made a motion that the Board adjourn the Public Session and move into Executive Session, not to return to Public Session. Lucy Burton seconded the motion.
Roll Call: Burton Kaplan, yes; Lucy Burton, yes; Kalliope Egloff, yes.
The motion was unanimously approved. The Public Session was adjourned at 8:45 PM
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
Attachments
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