Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Mashpee Town Hall – Selectmen’s Conference Room 1
Minutes of the Meeting of Wednesday, August 24, 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 7:05 PM.
APPOINTMENTS
7:15 – MMR Update - Jon Davis
Jon Davis, Cleanup Manager of the program on the Base, introduced himself to the Board and presented a 2011 Program Summary of the Installation Restoration Program by the Air Force Center for Engineering and the Environment (AFCEE). A summary of his report is attached to these minutes. Overall, Mr. Davis stated that there were no surprises reported, and no issues the AFCEE can’t handle. Glen Harrington asked Mr. Davis whether the moratorium is no longer necessary, since the plumes were not going to affect the Mashpee Village wells, and also the plumes are too deep and are not a public health risk. Mr. Davis responded that they are dealing with the moratoriums on a case by case basis.
7:30 – Habitat for Humanity – 6 and 9 Park Place Way, Nitrogen Aggregation Approval
Don Dickinson, representing the Habitat for Humanity, introduced himself to the Board. Mr. Dickinson stated that Habitat is planning to build an affordable house on each of two town-owned parcels, located at 6 Park Place Way, and 9 Park Place Way. Mr. Dickinson stated that both parcels are limited in size and do not contain sufficient area to permit the building of three-bedroom houses without the implementation of Nitrogen Aggregation Loading Plans. Habitat has prepared the applications for Mass. DEP’s approval of the Nitrogen Aggregation Loading Plans for each of the two parcels, and is requesting the BOH approval of these plans prior to Habitat submitting them to Mass DEP for their review and approval.
Glen Harrington stated that the Title V Design Plans submitted by Habitat prepared for three-bedroom affordable homes utilizing Nitrogen Aggregation Plans to obtain credit land in order to make both properties contain more than 30,000 sq. ft. More specifically, #6 Park Place Way has an area of 23,157 sq.ft. and 6,912 sq. ft. of Leeward Lane will be credited to make 30,069 sq.ft. in total. #9 Park Place Way has an area of 22,877 sq.ft. and 7,173 sq.ft. of Leeward Lane will be credited to make 30,050 sq.ft. in aggregate.
Glen commented that he had reviewed the Title V Design Plans, finding them to be comprehensive and complete, and suggested approval the plans with the following conditions:
1) #9 Park Place Way existing on-site well is to be used for irrigation purposes only
2) The nitrogen loading calculations need to be shown on both design plans
3) The actual amount of credit land needs to be shown on the facility plan
Glen added that the DEP will have to approve the final plans; then the BOH will sign the Grant of Title V Nitrogen Loading Easement and Restriction Documents.
Burton Kaplan made a motion that the Board approve the plans submitted by Habitat for submission to Mass. DEP, subject to the three above-stated conditions. Kalliope Egloff seconded the motion. The motion was unanimously approved.
7:45 – Nathaniel Davis – 70 Quinaquisset Ave: Request to Rescind Order Letter Fine
Glen Harrington gave background on the issue, stating that the Health Office had received a complaint about debris in the yard at 70 Quinaquisset Avenue. On August 5, 2011 the Assistant Health Agent visited the property and found that there was furniture, an abandoned refrigerator, some household trash, and other debris littering the yard, with a second story window open to the elements. A warning notice was left at the time of the inspection, giving the owners 48 hours to mitigate the nuisance, which it was considered under MA. General Law, Chapter 111, Section 122. A $100 dollar per day fine would be imposed if cleanup of the nuisance was not completed within 48 hours. On August 8th the Assistant Health Agent returned to do a re-inspection and found that no work had been done, and
therefore fines were issued beginning on 8/08/11 and were to continue until the nuisance had been abated. Glen stated that the Assistant Health Agent did a re-inspection of the property today, 8/24/11, and found that the nuisance material had been cleaned up.
Nathaniel and Donna Davis introduced themselves to the Board as owners of the property at 70 Quinaquisset Avenue. Mr. Davis stated that the house is a rental property and tenants were in there until August 1, 2011. The renters had not been paying the rent since March 2011 and the Davises had been informed by their attorney that they could not evict the renters until the end of the rental contract, and advised them not to try to contact the renters because of legalities of the eviction process. Donna Davis stated that because of an incorrect mailing address, they did not receive the warning letter until August 15th, as they were on vacation and did not return until 8/15/11, and on 8/16/11 they came to the BOH office to address the notice. Mr. Davis stated that within 48 hours of their receipt of the
warning letter, the debris had been cleaned up.
Burton Kaplan made a motion that the Board rescind the fines levied against 70 Quinaquisset Avenue. Kalliope Egloff seconded the motion. The motion was unanimously approved.
Glen Harrington will send a letter to Mr. & Mrs. Davis confirming the rescinding of their fines.
8:00 - Peter McEntee, Engineering Works, Inc. 119 Ninigret Avenue
Peter McEntee, with Engineering Works, Inc., introduced himself to the Board as representing his client, Mrs. Susan Sieloff. Mr. McEntee was requesting that the following 4 variances be considered for the purpose of a Title V Septic Upgrade at 119 Ninigret Avenue:
1. A 5’ variance, SAS to property line (front), for a 5’ setback
2. A 3’ variance, SAS to property line (side), for a 7’ setback
3. A 6’ variance, SAS to cellar wall, for a 14‘ setback
4. A 35’ variance to the required 100’ setback from a wetland, for a 65’setback
Glen Harrington commented that septic plans were prepared for a 3-bedroom existing dwelling that is currently serviced by a cesspool that is 50 feet from the wetlands. Plans include a new 1500-gallon septic tank with a Sludgehammer denite system, an ultra-violet light for disinfection (required for SAS<75’ to BVW), and 5 rows of 4-ADS Arc36HC plastic chambers. Glen recommended approval of the variances as requested with the following three conditions:
1) Standard Operations and Maintenance requirements consisting of TN quarterly for 2 years and coliform testing quarterly for 2 years, not to exceed 200 colonies per 100 ml.
2) Approval of the Sludgehammer is a Remedial Approval
3) Sampling is to be performed at the D Box.
Burton Kaplan made a motion that the Board approve the four variance requests for 119 Ninigret Avenue, subject to the above-three outlined conditions. Kalliope Egloff seconded the motion. The motion was unanimously approved.
8:15 PM Peter McEntee – Engineering Works, Inc. 121 Ninigret Avenue
Peter McEntee, with Engineering Works, Inc., introduced himself to the Board as representing his client, Mrs. Susan Sieloff. Mr. McEntee was requesting that the following four variances be considered for the purpose of a Title V Septic Upgrade at 121Ninigret Avenue:
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 9’ variance, SAS to cellar wall for an 11’ setback
4) A 13’ variance, SAS to the required 100’ setback from a wetland, for an 87’ setback
Glen Harrington commented that septic plans were prepared for a 4-bedroom existing dwelling that is currently serviced by a cesspool that is 26 feet from the wetlands. A new 1500-gallon septic tank with a Sludgehammer denite system, and 5 rows of 5-ADS Arc36HC plastic chambers are proposed. The existing 1965 permit on file records the number of bedrooms at 3, not 4. No building permits are on file but the Building Department will not challenge the rooms if they existed more than 10 years ago.
Glen Harrington recommended that the variances as presented be approved with the following four conditions:
1) Standard Operations & Maintenance requirements consisting of TN quarterly for 2 years
2) Approval of the Sludgehammer as a Remedial Approval
3) Install liner along foundation to provide 5 ft. of protection from SAS
4) Check the number of bedrooms recorded at the Assessor’s field cards prior to 1995
Burton Kaplan made a motion that the Board approve the four variance requests for 121 Ninigret Avenue, subject to the above-four outlined conditions. Kalliope Egloff seconded the motion. The motion was unanimously approved.
8:30 – Matthew Eddy, Baxter Nye Engineering - 52 Mercantile Way – Franey Medical Labs
Matthew Eddy, PE, with Baxter Nye Engineering and Surveying, and Joao Junqueila, with CapeWide Enterprises, introduced themselves to the Board. Mr. Eddy stated that the project being presented is for a new medical lab to be located at 52 Mercantile Way. Septic plans were prepared for medical offices, laboratory and a warehouse. The lab will perform urine analysis for drug testing for local enforcement agencies and other companies. No blood work will be performed on-site and the amounts of hazardous materials are reported to be in the pints every 4 to 6 months. Types of chemicals mentioned at the Site Plan review were HCI, formic acid, ammonium hydroxide and methanol. The septic system is properly designed. The warehouse will have no employees in it. The laboratory staff will use the
warehouse for storage of material. The mobile lab will also be housed in the bay in the warehouse.
Glen Harrington stated that the drainage design is acceptable with one exception: there is a small forebay designed as a first retention area that flows into a larger retention area with subsurface drainage, which will be acceptable as long as the retention areas are maintained.
Glen recommended approval of the plans for the septic plans presented with the following two conditions:
1) Operations & Maintenance contract to be included to maintain the drainage retention areas annually
2) MSDS should be provided to the BOH with the proposed chemical use amounts
Kalliope Egloff made a motion that the Board approve the Title V commercial site and sewage plan for 52 Mercantile Way, subject to the above-two outlined conditions, and subject to compliance with the BOH requirements for commercial buildings. Burton Kaplan seconded the motion. The motion was unanimously approved.
NEW BUSINESS
1. Warrants. Board members signed the warrants.
2. Review and Approve Public Session Minutes of 7/27/11
Additions and corrections were made by the Board to the July 27, 2011 BOH Public Session minutes.
Burton Kaplan made a motion that the minutes for the BOH Public Session held on July 27, 2011 be approved as amended. Kalliope Egloff seconded the motion. The motion was unanimously approved.
Approval of the previously amended 7/13/11 BOH Public Session minutes was continued to the next Board meeting on Sept. 14, 2011.
Burton Kaplan made a motion to add the topic “50 Hemlock Drive” to the meeting agenda. Kalliope Egloff seconded the motion. The motion was unanimously approved.
3. 50 Hemlock Drive.
Glen Harrington stated that someone came into the Board of Health office and made a complaint regarding trash on the property at 50 Hemlock Drive. Glen stated that he wrote an order letter to the owner considering it an emergency since the house on the property has been abandoned and the trash consists of garbage. The house is in foreclosure now and has been posted. Glen stated that he also sent via certified mail a letter to the lien holder, which is Bank of America.
Burton Kaplan made a motion that the Board endorse the August 23, 2011 Cease and Desist order to the owner of the property at 50 Hemlock Drive, taken by the Health Agent. Kalliope Egloff seconded the motion. The motion was unanimously approved.
Kalliope Egloff made a motion to add a brief discussion of the 8/20/11 Hazardous Waste Collection conducted at the Mashpee High School. Burton Kaplan seconded the motion. The motion was unanimously approved.
Kalliope Egloff reported that there were approximately 250 people who came to the collection; around 80 were from Mashpee and collected 17 drums of assorted gas, paint sludge, pesticides, sodium metals, asbestos. The wait time for those who came was approximately 5 minutes. Catherine Laurent was in attendance and assisted. Other town residents who participated were from Sandwich, Bourne, Falmouth, and Air Station Cape Cod.
DISCUSSION
1. Septic Inspection Regulation
The Board members reviewed the Septic System Inspection Regulation and agreed on an additional change to the document under Section D, # 5.
Burton Kaplan made a motion that the Health Agent prepare a new Septic Inspection Regulation reflecting the change under Section D, 35, that H 10 tanks 30 years of age or more should not be required to be replaced. Kalliope Egloff seconded the motion. The motion was unanimously approved.
2. Revised Poultry Regulation
Lucy Burton stated that the Board of Health had received quite a few calls and letters, resulting in discussions regarding the need for a Poultry Regulation in Mashpee. The Board of Health discussed the issue a few months ago, and it was decided that the calls and complaints being received could be covered under the BOH Nuisance Regulation. However, the Assistant Health Agent feels that because of the increasing number of people raising chickens and the increased number of calls and complaints being received, a Poultry Regulation has become necessary, and therefore a second attempt at a regulation has been drafted. Glen Harrington added that there will need to be a Public Hearing when/if it gets to a point where a Poultry Regulation becomes a critical issue. Glen reported that there have been 10 complaint
calls over the last six months.
Lucy Burton acknowledged receipt of a letter dated 8/04/11 from Karen Doyle and Karen Ebbling, stating that it included a number of pertinent points regarding backyard chicken coops. Lucy Burton also acknowledged receipt of a letter from Ruthann Boyd dated 8/10/11, stating her feeling that the BOH should strongly consider a poultry regulation for the town.
Glen Harrington stated his recommendation that a Mashpee Poultry Regulation should include a ruling that if a property is less than half an acre, the owner would require abutter approval for raising chickens. The proposed Mashpee regulation does state that no rooster shall be kept or maintained on the registered premises unless the property is 5 acres or more.
Lucy Burton stated that the Board was not ready to act on the regulation at this point, but needed to read through the document, add comments, and do some further research on property setbacks, allowing roosters, and number of chickens allowed. Kalliope Egloff felt that it would behoove the Board to send out the proposed regulation to Agricultural Commissions in towns that have poultry regulations, and ask for their feedback. Glen Harrington stated his feeling that he would like to see the poultry issue handled under the Nuisance Regulation rather than create yet another BOH regulation.
NEXT MEETING
The next meeting is scheduled for Wednesday, September 14, 2011, 7 PM. As there was no further business, the meeting was adjourned at 9:55 PM.
Respectfully submitted,
Ina Schlobohm
Recording Secretary
Attachments
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