Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Mashpee Town Hall – Conference Room 2
Minutes of the Meeting of Wednesday, July 13, 2011
Board Members Present: Also Present:
Lucy Burton, Chairman Glen Harrington, Health Agent
Burton Kaplan, Co-Chairman
Kalliope Egloff, Clerk
Chairman Lucy Burton called the meeting to order at 7:02 PM.
APPOINTMENTS
7:15 – Upper Cape Helping Hands – Lynda Carroll – Modification to Existing Food Permit
Glen Harrington presented background information, stating that Ms. Carroll is requesting a modification to the existing Food Pantry permit to include the storage of potentially hazardous foods, as another faction has offered to provide a freezer for food storage. On 8/11/10, the BOH voted to have only non-potentially hazardous foods and non-perishable foods stored and distributed at the Mashpee Food Pantry due to previous critical violations and to have Ms. Carroll request in writing any changes to the existing permit. Ms. Carroll has now provided the BOH with a copy of her Certified Professional Food Manager’s Certificate. The non-profit status of the Food Pantry still has not been resolved. The exemption application to the IRS has been provided but no exemption has been received to date.
Lynda Carroll stated that as a result of an error in the application submitted to the IRS, the application had to be resubmitted. Ms. Carroll will forward a copy of the approved IRS exemption application to the BOH when it is received.
Janet Amico introduced herself to the Board, in an effort to help clarify past ownership issues over the refrigerator/freezer at the previous location of the food pantry when the critical violations occurred. Glen Harrington stated that he can provide log sheets that can be filled out daily for freezer temperature checks. Ms. Carroll also indicated that thermometers would be used in all refrigerators and freezers and that meats/cheeses would be purchased/donated in small enough quantitites to not need further dividing. Ms. Carroll stated also that if the refrigerators became too full at any time, the perishables would immediately be transferred to another food pantry for distribution.
Burton Kaplan made a motion that the previously issued permit to Upper Cape Helping Hands be amended to include potentially hazardous foods, and that these foods be restricted to use of the refrigerator/freezer that the Upper Cape Helping Hands now owns. Kalliope Egloff seconded the motion. The motion was unanimously approved.
7:30 – Jeff Ryther, BSS Design Title V Variance – 166 Water Way
Jeffrey Ryther, Civil Engineer with BSS Designs in Falmouth, introduced himself to the Board, stating that he was representing Todd and Dena Pavone. In a letter from Mr. Ryther to the Board of Health dated 6/28/11, the following three variance requests were listed:
a) Reduction of system location setbacks otherwise established in 310 CMR 15.211 for property lines…
1. Septic Tank is less than 10’ to side lot line (5’ shown on the plan)
2. SAS is less than 10’ to street layout line (3.4’ shown on the plan)
b) Reduction of system location setbacks from cellar wall, or slab foundations
1. SAS is less than 20’ to the crawl space wall (16’ shown on the plan)
g) Reduction of system location setbacks from surface waters, salt marshes, inland and coastal banks…
1. SAS is less than 100’ to the vegetated wetland (96’ to marsh)
The letter further requested approval for alternative technology in the form of Singulair Model 960 NR/500 Advanced Treatment System.
Glen Harrington commented that this property has an existing four-bedroom dwelling which shall be razed and rebuilt. The existing septic system (tank and pit) is located on the water side of the dwelling with the pit most likely discharging directly into the groundwater. There is an existing approved application for the property which occurred on 8/12/08 but the plan has changed with the above-listed new variance requests. The plan consists of a proposed Singulair septic tank which houses a Model 960 NR denitrification system, distribution box and an SAS of 3-33’ x 2’x2’ leaching trenches. The architect would like to change the crawl space in front of the house to a cellar wall, which means that a membrane should be provided. Glen recommended approval of the requested variances with the
following conditions:
1) the plan requires a PE or RS stamp
2) membrane to be installed between SAS and cellar wall
3) O&M to include sampling/analysis for TN quarterly for 2 years from the D-Box.
4) Singulair approval based upon a General Use Approval.
Burton Kaplan made a motion that the Board approve the variance request form submitted for 166 Water Way with the four variances outlined in the letter to the BOH from Jeffrey Ryther dated 6/28/11, subject to the following: all necessary Conservation Commission approvals, O&M sampling/analysis for TN quarterly for 2 years from the D-Box, and Singulair use based upon a General Use Approval. Kalliope Egloff seconded the motion. The motion was unanimously approved.
7:45 – Peter McEntee, Engineering Works, Inc. – Title V Variance – 154 Fells Pond Road
Peter McEntee with Engineering Works, Inc., introduced himself to the Board as representing his client, Jeffrey Cohen, the prospective buyer of the property at 154 Fells Pond Road. Mr. McEntee requested that the following three variances be considered for the purpose of a Title V Septic Upgrade at 154 Fells Pond Road:
1) A 5’ variance, septic tank to property line (side), for a 5’ setback
2) A 6’ variance, S.A.S. to cellar wall, for a 14’ setback
3) A 1’ variance, septic tank to cellar wall, for a 9’ setback.
Glen Harrington commented that the septic plan prepared for replacement of a 30-plus year old septic tank, a leach pit that is located partially off the property and a graywater cesspool.
Glen recommended that Mr. McEntee provide a cleanout at the house on the line that goes from the graywater cesspool to the septic tank, which will make it easier to snake from the outside down to the septic tank in the event that it clogs.
Kalliope Egloff made a motion that the Board approve the above three variance requests as presented by Peter McEntee for 154 Fells Pond Road with the condition that the plan include a cleanout at the house on the line that goes from the graywater cesspool to the septic tank. Burton Kaplan seconded the motion. The motion was unanimously approved.
8:00 PM – Matthew Eddy, Baxter Nye Engineering – Commercial Site Plan - 64 Industrial Drive
Stephen Matson, PE with Baxter Nye Engineering, introduced himself to the Board.
Glen Harrington gave background information on the Commercial Site Plan for 64 Industrial Drive, stating that the septic and site plan was originally approved by the BOH on 2/13/08. The site plan and building design have undergone many changes, and therefore a new site plan has been submitted by the applicant and engineer for BOH approval. The septic permit approval is still valid as the approval occurred during the tolling period of the Permit Extension Act (1/01/08 to 1/01/10). The extension allows the permit to be good for two additional years until 2013. The septic plan that was originally approved and prepared by Cape & Islands Engineering is still the septic plan of record. The site plan changes include drainage, irrigation well, parking, floor plan, and uses of the building. Glen stated that any
changes in use of the property are required to go through the Site Plan Review process. Glen Harrington added that all the bays have bathrooms.
Burton Kaplan made a motion that the Board approve the construction permit submitted on behalf of 64 Industrial Drive, with the stipulation that Cape & Islands Engineering recertify the installation along with all the existing approved criteria from the approval letter dated 2/29/08.
Kalliope Egloff seconded the motion. The motion was unanimously approved.
NEW BUSINESS
1. Sign Warrant
Board members signed the warrant.
2. Review and Approve Public Session Minutes: 5/25/11 and June 22/11
Kalliope Egloff made a motion that the Board approve the previously amended Board of Health Public Session minutes of 5/25/22. Burton Kaplan seconded the motion. The motion was unanimously approved.
The Board members made amendments to the 6/22/11 BOH Public Session minutes.
Kalliope Egloff made a motion that the Board approve the amended minutes of the 6/22/11 Board of Health Public Session. Burton Kaplan seconded the motion. The motion was unanimously approved.
3. Request for Septic Inspection Variance: 112 Waterline Drive South
Patty Connolly, of Real Estate Associates, introduced herself as representing Keith and Laurinda Grabow, owners of the property at 112 Waterline Drive South. Ms. Connelly stated that a variance is requested to allow the property at 112 Waterline Drive South to transfer ownership without replacing the septic tank which is in violation of Title V.
Glen Harrington commented that this property is being sold “as is” and the septic tank is H-10 loading in the driveway. Therefore, the septic tank is in violation of Title V and an H-20 loading septic tank must be installed. A septic inspection was started which identified the tank as a violation. The inspection was left as a preliminary, informal inspection until the repair is made. A variance from the BOH Septic Inspection Regulation is required to allow the property to transfer without the septic tank being repaired/replaced. In lieu of the variance, an enforceable agreement should be required to set the conditions of the sale and the repair of the septic system in some timeframe.
Burton Kaplan made a motion that the Board of Health approve the variance request submitted for 112 Waterline Drive South, subject to the execution of an enforceable agreement, and completion of the project by a licensed installer within 60 days, and a Title V inspection. Kalliope Egloff seconded the motion. The motion was unanimously approved.
4. Request for Title V Variance: 73 Shore Drive
Jeffrey Ryther, engineer with BSS Designs, introduced himself to the Board. In a letter to the Board of Health dated 6/15/11, Mr. Ryther listed the following variance requests:
(a) Reduction of system location setbacks from cellar wall, swimming pool, or slab foundations
1. SAS is less than 20’ to the crawl space wall (18.5’ shown on the plan)
(b) The local approving authority may reduce the required 5 ft. separation between the bottom of the SAS and the high groundwater elevation…
1. SAS is less than 5’ from high groundwater (4.3’ separation shown on the plan)
(c) The soil strip-out and Title V sand fill are proposed beneath the SAS bed only
Glen Harrington commented that a Title V design plan has been submitted to replace an existing septic system. The dwelling is planned to be torn down/rebuilt with three bedrooms. Glen stated that there are no records for the septic system or the dwelling in the BOH files, and recommended that an existing floor plan be drawn or have the Health Agent walk through the house, as he does not want to rely on the Board of Assessor’s records in this case.
Burton Kaplan made a motion to approve the variance request form submitted on behalf of 73 Shore Drive, Popponesset, subject to a BOH agent walk-through to confirm that the dwelling is a three bedroom house, and requiring the five-foot strip-out as outlined on the variance request form. Kalliope Egloff seconded the motion. The motion was unanimously approved.
5. Fruit/Vegetable Stand at the Mashpee Rotary
Burton Kaplan asked whether the fruit/vegetable stand located at the Mashpee Rotary adjacent to the Picnic Box required any BOH approvals. Glen Harrington stated that there were no required BOH approvals.
6. Mass. Premier Soccer
Glen Harrington stated that all of the required paperwork was received.
7. Solar Photovoltaic Project: Mashpee Landfill
Glen Harrington reported that a meeting with one of the bidders is scheduled for tomorrow.
8. Sandblasting Operation in Residential Area
Glen Harrington stated that the BOH sent out a letter that should have been received by today, with a Nuisance Fine order.
NEXT MEETING
The next meeting of the Board of Health is scheduled for Wednesday, July 27, 2011 at 7:00 PM. As there was no further business, the meeting was adjourned at 8:10 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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