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Board of Health Minutes 10/12/11

BOARD OF HEALTH – PUBLIC SESSION


Minutes of the Meeting of Wednesday, October 12, 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 7:00 PM.

APPOINTMENTS
7:15  Public Hearing – Amendment to Septic Inspection Regulation
Glen Harrington stated that the current Septic Inspection Regulation requires all tanks to be replaced if over 30 years of age from date of installation.  The amendment would specify only H-10 tanks be replaced, as H-20 tanks have more concrete and reinforcement, and therefore, last longer.

Burton Kaplan made a motion that the Board approve the amended septic inspection regulation  that would specify only H-10 tanks be replaced  if over 30 years from date of installation. Kalliope Egloff seconded the motion.  The motion was unanimously approved.

7:30  109 Popponesset Island Road – Title V Variance Request
Peter McEntee of Engineering Works, Inc., introduced himself to the Board as representing his client, Mr. James Shalek, owner of the property at 109 Popponesset Island Road.   Mr. McEntee was requesting that the following variances be considered for the purpose of a Title V septic upgrade due to site constraints:
  • A 4’ variance, septic tank to property line (side abutting house #115), for a 6 ft. setback
  • A 2’ variance, septic tank to slab, for an 8’ setback.
Kalliope Egloff made a motion that the Board approve the above two variance requests for the purpose of a Title V septic upgrade at 109 Poppponesset Island Road.  Burton Kaplan seconded the motion.  The motion was unanimously approved.

7:30 PM  53 Seconsett Point Road – Title V Variance Request
Peter McEntee introduced himself to the Board as representing Mr. Robert Allen, owner of the property at 53 Seconsett Point Road.   Mr. McEntee was re  questing the following two variances for  the purpose of a Title V septic upgrade due to site constraints:

  • A 3’ variance, SAS to water supply line, for a 7’ setback.  A 40 mil poly liner will be placed between the SAS and water supply line.  The approximate location of the water supply line has been determined with consultation with the Mashpee Water Department.  If it is determined in the field that the water supply line is greater than 10’ from the SAS, no poly liner will be required.
  • A 0.8’ reduction to the required 5’ separation between maximum seasonal high groundwater and bottom of SAS, for 4.2’ separation.  Request is being made so that grade of driveway, adjacent to “private way”, is not altered significantly and for sufficient cover over proposed SAS in order to withstand H-20 loading.
Kalliope Egloff made a motion that the Board approve the above two variance requests for the purpose of a Title V Septic Upgrade at 53 Seconsett Point Road.  Burton Kaplan seconded the motion.  The motion was unanimously approved.

NEW BUSINESS
1.  Sign Expense Warrants.  Board members signed the expense warrants.

2.  Review and Approve Public Session Minutes:  7/13/11 and 8/24/11
Kalliope Egloff made a motion that the Public Session minutes from the 7/13/11 BOH meeting be approved as previously amended.  Burton Kaplan seconded the motion.  The motion was unanimously approved.

Kalliope Egloff made a motion that the Public Session minutes from the 8/24/11 BOH meeting be approved as amended.  Burton Kaplan seconded the motion.  The motion was unanimously approved.

3.  Draft Revised Poultry Regulation
Glen Harrington reported that he had received no comments back from any of the Agricultural Commissions he had contacted regarding poultry regulations.   Glen stated that the calls received by the Board of Health regarding raising poultry have not been problem calls, but rather requests for information as to any existing BOH regulations on raising chickens.  The Board agreed that it would be a good idea to maintain a data base of households raising chickens, i.e., location, number of chickens, and any complaints received.  If problems develop, then the Board could reconsider crafting a poultry regulation.

Burton Kaplan made a motion that the Board of Health indefinitely postpone putting into place a Poultry Regulation.   Kalliope Egloff seconded the motion.   The motion was unanimously approved.

4.  107 Commercial Street - Community Health Center – Request to Amend Board Approval
Karen Gardner, representing the Community Health Center of Cape Cod, introduced herself to the Board.  Ms. Gardner stated that on July 27, 2011 the Mashpee BOH voted to approve the proposed onsite wastewater treatment project.  Since that time the DEP has also issued an approval.  Part of the Cape Cod Commission approval is the creation of the Tri-Party Agreement between the Town of Mashpee, the Cape Cod Commission and the Community Health Center of Cape Cod.   The agreement stipulates additional conditions for the operation and maintenance of the new RUCK system at the Health Center. Ms. Gardner was asking that the BOH review the Tri-Party Agreement and include it in the original agreement approval.  

Glen Harrington stated that in his opinion, the conditions are harsh and mimic the DEP Groundwater Discharge permits for flows over 10,000 gpd.  Glen added that he is uncomfortable with being forced into an agreement that the Board had no chance to comment on.  However, Glen’s recommendation was to approve the Tri-Party Agreement in order to avoid delay of the Health Center’s timeframe to build and occupy the property.

Burton Kaplan made a motion that the Board of Health approve the Tri-Party agreement as presented to the BOH.  Kalliope Egloff seconded the motion.   The motion was unanimously approved.

5.181 Greensward Road – Condemnation  - FYI
Glen Harrington stated that the building has been condemned on an emergency basis, and he will notify the bank that money has been expended and is going to be attached as a lien on the property.

6.  18 Warwick Way – Septic Inspection Review
Glen Harrington stated that a septic inspection was conducted on 9/16/11, as the property is being sold.  The result of the inspection was a “Needs Further Evaluation” by the local approving authority due to an abutting well at #5 Devonshire Drive that was located less than 100 feet from the site’s SAS (88 feet).   The original design plan of 1986 indicates that this subdivision was constructed when wells only had to be 100 ft. apart.  The proposed design plan does show the proposed wells and SAS’s 100 + feet apart.  However, they were not constructed that way.  Both wells from the site and abutter were tested by the septic inspector and both wells had satisfactory potable water.  The groundwater flow direction is also to the southeast away from the abutter’s well at #5 Devonshire.  

Brad Caffyn, owner of  #5 Devonshire Drive and abutter to 18 Warwick Way, introduced himself to the Board.  Mr. Caffyn stated that he had not been informed of the well sampling, and had not been requested for permission to conduct a well sampling.  

Glen’s recommendation was that pursuant to the BOH Septic Inspection Regulation, the BOH must reply in writing as to the nature of the repairs, if necessary, and that no action is needed at this time except to state the condition of “Upon upgrade of SAS at #18 Warwick, greater than 100 feet shall be maintained from the abutting wells”.

Burton Kaplan made a motion that in response to the Title V inspection of 18 Warwick Way, the Health Agent’s  recommendations be pursued.  Kalliope Egloff seconded the motion.   The motion was unanimously approved.

7.  Hazardous Waste Collection 10/15/11 – FYI
Kalliope Egloff reminded the Board of the Upper Cape Hazardous Waste Collection scheduled for 10/15/11 from 9 AM to 11 AM at the Bourne Elementary School.  This is the last collection for the Upper Cape region for this year.

ADDITIONAL TOPICS
Lucy Burton moved that the topic of bath salts as a narcotic be added to the agenda. Burton Kaplan seconded the motion.  The motion was unanimously approved.

Lucy Burton stated that in Yarmouth, the police and fire department EMT’s are working with the health department using a little known health regulation, MGL 111, Chapter 270, to eliminate the sale and use of bath salts as a narcotic in Yarmouth.   Burton Kaplan asked that Glen Harrington check with the local police and fire departments to determine whether any problems/issues had been reported to date in Mashpee.   Glen Harrington stated that the BOH will plan to do a “sweep” inspection in Mashpee to determine whether and where bath salts as a narcotic are being sold.  

DISCUSSION
  • Wind Turbines.  Burton Kaplan stated that the Assembly of Delegates is financing a study on wind turbines.  As yet, there is no Mashpee town ordinance against installation of wind turbines.   Kalliope Egloff recommended a regional approach to the issue of wind turbines, by having all health agents get together to discuss the issue.  Kalliope will forward a spread sheet to the Board members of comments from a meeting held last January in Hyannis which she attended, specifically on a wind turbine discussion by many municipal groups and county commissioners.  The Board members agreed that because the issue is in flux, they would like to begin an in-depth research program looking into studies of the issue so that the Board could more intelligently deal with potential future applications.
 
2.  Phosphorous By-Law
There is an article being submitted for approval at the 10/17/11 Town Meeting regarding the regulation and sale of fertilizers containing phosphorus.  Kalliope Egloff stated her recommendation of an educational approach to the public as opposed to a regulation prohibiting the sale of merchandise containing phosphorous.  Kalliope Egloff agreed to represent the Board of Health at Town Meeting to verbalize its stand on the article, and will state that the article was presented to the Board and was discussed at great length, and although the Board has a strong environmental philosophy, it could not support the regulation as opposed to an educational approach to the public.
3.  Oktoberfest – FYI.    
Glen Harrington reported that the Oktoberfest went very well.  Vendors there included Cape Cod Specialty Foods, Chelsea Fire Hot Sauce, Cub Scout Pack 36 (selling popcorn), Kiwanis Club of Mashpee, Mashpee Congregational Church, Mashpee High School Spanish Club, Mashpee High School Student Council, Bloody Mary’s Gourmet, and the Rotary Club.
4. August 2011 Environmental Monitoring Report:  Asher’s Path Landfill
The report indicated that landfill gas monitoring well SGW-9 was not able to be located in the field due to dense ground cover.  Glen Harrington stated that the well was there and is looking fine.  The next round of environmental monitoring is scheduled for October, 2011, and will consist of landfill gas screening, and collection of both groundwater and surface water samples.
5.  Flu Clinic – FYI
The first Town of Mashpee Seasonal Flu & Pneumonia Clinic will be held at Christ the King Parish Center on Thursday, 10/20/11, 9 AM to 12 noon.  The second clinic will be on Tuesday, 11/15/11, from 4 PM to 7 PM.  All residents 18 years of age and older are eligible
6.  Waste Medication Collection
Glen Harrington stated that the Board of Health has approached the Police Department on a number of occasions to request a waste medication collection. The issue is now in the hands of  Administrative Lieutenant Jon Read, to sponsor a medications take-back day on Oct. 29, 2011.  The DEA provides the boxes, and contracts waste haul accounts to take the boxes away at no cost to the town.   Kalliope Egloff stated that CVS and the DPW will also accept waste medications.  No narcotics are accepted.

NEXT MEETING
The next meeting of the Board of Health was scheduled for Wednesday, November 9, 2011.  As there was no further business, the meeting was adjourned at 8:35 PM.

Respectfully submitted,



Ina G. Schlobohm
Recording Secretary