Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of Wednesday, Nov. 9, 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 - Paul Hanlon, Buyer – 82 Nick Trail – BOH Septic Variance
Paul Hanlon, buyer of the property at 82 Nick Trail, introduced himself to the Board. Mr. Hanlon stated that he was requesting a variance to the requirement to replace the existing septic system at 82 Nick Trail prior to transfer of ownership of the property. Closing date on the property is scheduled for next Tuesday, Nov. 15th, 2011. Glen Harrington stated that the result of the septic inspection conducted on 10/11/11 was a “Conditional Pass” due to the septic tank being older than 30 years. The property is being sold “as is”, thus requiring a variance to the requirement that the tank be replaced prior to the sale. Mr. Hanlon plans to use the existing structure as is for two years, and then rebuild, and would like to replace the septic system at that time.
Burton Kaplan made a motion that the BOH defer consideration of the above variance request until receipt of an inspection report by a licensed professional engineer or a concrete septic tank manufacturer, certifying the integrity of the existing septic tank, no later than Dec. 14, 2011. Based upon results of the inspection report, an enforceable agreement, with dates to be determined, will be approved by the Board of Health. Kalliope Egloff seconded the motion. The motion was unanimously approved.
7:30 – J.M. O’Reilly Associates – Sea Oaks Condos – 195 Falmouth Road – Title V Variance and Local Variance Request
Keith Fernandes, PE., Project Manager with J.M. O’Reilly & Associates, introduced himself to the Board as representing the Sea Oaks Condominium Trust. Mr. Fernandes was requesting the following two variances for the proposed installation of Title V Sewage Disposal Systems to serve the following buildings: 1,2,3,8, 9,11,12,14,17,19:
1. Soil absorption system proposed greater than 3’ below grade but not more than 6’ below grade (buildings 1,2,3,8,9,14,19)
2. No installation of reserve leaching area at the same time as the primary leaching area
Glen Harrington commented that nine of the systems are proposed to be built with plastic chambers without stone and in various dimensions to meet site restraints and size requirements which were installed in November 2009. When Building 17 was done, both the primary and reserve were installed, so if the Board allows the variance, Mr. O’Reilly is proposing to use one of the installed reserve SAS’s for Building 12. Glen stated that if we push the SAS’s into the back yards, then conflicts with the water lines come into play.
Glen Harrington recommended the following design approvals with the following conditions:
1 - provide an effluent tee filter at the new septic tank outlet (Zabel Model A-100 or equal)
2. – a septic permit is required for each system repair
3. –the pumping policy be accepted as part of the Board’s decision with all pump-outs reported to the Board of Health
Glen’s final comment was that he does not like using plastic chambers in vehicle loading situations but the ARC 36 HC units are rated for H-20 and the manufacturer states that they can be buried to a maximum depth of 8 feet. After four feet of cover and poor soils are encountered, consultation is recommended, but Glen does not consider the soils at the site to be poor.
Burton Kaplan made a motion that the Board of Health approve the two above-referenced variance requests with the three above-referenced conditions as recommended by the Health Agent. Kalliope Egloff seconded the motion. The motion was unanimously approved.
NEW BUSINESS
- Sign Warrants. Board members signed the warrants.
2. Review and Approve Public Session Minutes: 10/12/11
Amendments were made to the BOH Public Session minutes of 10/12/11. Burton Kaplan made a motion that the minutes of the 10/12/11 BOH Public Session be approved as amended. Kalliope Egloff seconded the motion. The motion was unanimously approved.
OLD BUSINESS
1. 161 Water Way: Enforceable Agreement Follow-Up
Glen Harrington stated that the Enforceable Agreement with Sean Rynne, buyer of the property at 161 Water Way, was approved on May 25, 2011 by the Board of Health, allowing the property to sell and have the septic replacement occur after the sale, no later than the date of Oct. 3, 2011. The subsequent design plan submitted was for 3 bedrooms, where the existing permit had the property listed at 4 bedrooms. Revised plans were not submitted to the BOH until October 3, 2011, the deadline date of completion of the septic installation. Sean Rynne, owner of the property, was unable to attend the BOH meeting tonight and requested a continuance of the discussion regarding the Enforceable Agreement to the next BOH meeting. Glen Harrington stated that the Certificate of Compliance was issued today, November 9, 2011.
Kalliope Egloff made a motion that the Board continue discussion of the 161 Water Way Enforceable Agreement until the next BOH meeting on Dec. 14, 2011, discussion not to be continued beyond that date. Burton Kaplan seconded the motion. The motion was unanimously approved.
181 Greensward Road – Approval of Lien
Lucy Burton made a motion that the Board of Health approve the attachment of unpaid fees of $253.56 as a tax lien on the property tax bill on the property located 181 Greensward Road, owned by Paul S. Brewster, Sr. Burton Kaplan seconded the motion. The motion was unanimously approved.
ADDITIONAL TOPICS
None.
DISCUSSION
1. Medical Waste Collection, October 29, 2011 – Mashpee Police Dept.
Kalliope Egloff reported that about 25 people attended, with 380 containers of medications turned in. Kalliope Egloff recommended that the waste collections be scheduled more than twice per year, in light of the attendance at the 10/29/11 collection. Glen Harrington estimated that approximately $500 to $1000 of value opiates was collected on 10/29/11. Lt. Jon Read at the Mashpee Police Department has been assigned to plan for the medication take-back days.
2. Poultry Regulation: Response Letter from Barnstable Agricultural Commission
Discussion followed regarding the letter from William Plettner, Chairman of the Barnstable Agricultural Commission, in response to the BOH request for review of the proposed poultry regulations for the Town of Mashpee. In general, Mr. Plettner felt that the proposed regulations were much too restrictive: they create considerable expense in the application process and will be time consuming and expensive to regulate and enforce. Mr. Plettner’s opinion was that the keeping of backyard chickens is beneficial and should not be made excessively difficult. Mr. Plettner’s recommendation was that rather than going ahead with poultry regulations, the BOH should consider forming an Agricultural Commission for Mashpee that could assist the BOH. Mr. Plettner offered assistance to the BOH in the process of
forming a Mashpee Agricultural Commission. The Board reaffirmed its earlier decision to not pursue a Poultry Regulation at this time.
3. Recycling for Visitors
After discussion among the Board members, the consensus was that there should be no sticker fee required for recycling by visitors to Mashpee as well as Mashpee residents. Glen Harrington recommended that there should be one or two days assigned for commercial recycling only, no trash. Kalliope Egloff will attend the Recycling Committee meeting on November 17th, and report the BOH consensus that there should be no sticker fee for recycling by visitors/residents.
4. 2013 Capital Improvement Program Requests – FYI.
Glen Harrington stated that he has included the landfill cap and berm repair/improvement in capital improvement.
5. 2013 Budget – FYI
Glen Harrington stated that he has not yet done the FY-2013 budget, but the Town Manager has requested level funded expenses within the operating budget, with narrative explaining impacts that a level funded expense budget will have on the department. Glen Harrington stated that the BOH will be fine with a level funded budget for 2013.
NEXT MEETING
The next meeting of the Board of Health is scheduled for Wednesday, Dec. 14, 2011, at 7:00 PM, Mashpee Town Hall. As there was no further business, the meeting was adjourned at 8:35 PM.
Respectfully submitted,
Ina G .Schlobohm
Recording Secretary
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