Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of January 11, 2012
Board Members Present: Also Present:
Lucy Burton, Chairman Glen Harrington, Health Agent
Kalliope Egloff, Co-Chairman
Burton Kaplan, Clerk
Chairman Lucy Burton called the meeting to order at 7:00 PM.
APPOINTMENTS
7:15 PM - John Slavinsky – Request for Title V Variances - 68 Bayview Road.
Glen Harrington commented that the variances requested are due to the size of the lot. The proposed SAS will be 77’ from the wetlands, and the Board has required a denite system to mitigate that variance. A Hoot System is proposed, and an ultra-violet light disinfection unit has been added for extra measure. Typically, the UV light is required if the SAS is less than 75’ to the wetlands. The denite is typical mitigation for the wetland variance. The Title V variances do not need DEP approval. DEP has stated that setback variances will only need DEP review.
John Slavinsky of Cape and Islands Engineering introduced himself to the Board.
Mr. Slavinsky is requesting setback variances: 10’ from the street line, 20’ from the foundation of the house, and a variance to the local regulation requiring greater than 100’ setback. He is proposing the Hoot System with the UV light unit.
David Holden and Marcia Holden abutters to the property introduced themselves to the Board. Mr. Holden is concerned with the variance to the wetlands. Burton Kaplan and Glen Harrington explained to Mr. Holden that the state only requires 50’ to the wetlands, whereas Mashpee requires 100’. The Hoot System and the UV light unit will also add protection to the wetlands.
Ripley Crowell of 54 Bayview introduced himself to the Board and asked if there was a backup generator. Mr. Slavinsky says that a backup generator is not in the plan.
Mr. Holden closed with comments that everyone should understand the Hoot System and read the operation manual.
Burton Kaplan made a motion to approve the 5 variances and to include the installation of the Hoot Denitrification System along with an ultraviolet treatment system with testing for two years at 68 Bayview Road. Kalliope Egloff seconded the motion. The motion was unanimously approved.
NEW BUSINESS
1. Sign Warrants. Board members signed the warrants.
2. Review/Approve BOH Public Session Minutes: 11/09/11 and 12/14/11.
The Board members amended and approved the minutes of the Public Session meeting of 11/09/11 and 12/14/11.
3. Nitrogen Aggregation Plan: 87 Surf Drive.
Glen Harrington stated that the proposed property has 14,183 square feet within Zone II, and additional land is required to build a three bedroom dwelling. A portion of the open space in the Seabrook Village has been designated for the additional credit land necessary. The draft Grant of Title V Nitrogen Loading Restriction and Easement has been provided and appears in good order.
Glen recommended that the Board approve with the condition that the Grant of Restriction and Easement and Nitrogen Aggregation Plan shall be reviewed and approved by DEP, and a septic installation permit shall be issued upon receipt of recorded Grant of Restriction and Easement.
Kalliope Egloff made a motion to approve the Nitrogen Aggregation Plan for 87 Surf Drive with the condition that the Grant of Restriction and Easement and Nitrogen Aggregation Plan shall be reviewed and approved by DEP, and a septic installation permit shall be issued upon receipt of the recorded Grant of Restriction and Easement. Lucy Burton seconded the motion. The motion was unanimously approved.
4. Septic Inspection Regulation Variance/Enforceable Agreement: 6 Dean’s Hollow.
Glen Harrington stated that the ownership of this property has not been transferred according to the owner’s attorney, and the agent was under the impression that closing had already taken place. A copy of a sample enforceable agreement was provided by the buyer prior to the sale but was not received until December 7, 2011. That same day a septic inspection was also performed. Glen Harrington explained to the attorney that the hearing is just for the determination of the repair schedule.
William Power of 116 Old Orchard, Newton, introduced himself to the Board.
Mr. Power plans to purchase the property and upgrade the house and septic system at 6 Dean’s Hollow. He is asking for a two-year extension of the local regulation requiring upgrade of the cesspool to a Title V septic system. Mr. Power is planning on living there this summer and commence construction late summer 2012 and complete the project by late 2013.
The Board is requiring a revised Enforceable Agreement within 10 days. They will allow an extension of the Enforceable Agreement to March 1, 2012. Mr. Power will contact Glen Harrington for the proper wording of the Enforceable Agreement. The Board will require a new septic system prior to Mr. Power occupying the house.
The Board continued the discussion to the January 25, 2012, meeting.
ADDITIONAL TOPICS
None.
DISCUSSION
Wind Turbines. Burton Kaplan commented that the State and the Cape Cod Commission are studying the health aspects of wind turbines. Burton Kaplan stated that Falmouth’s contractor will take several months to conduct the study.
2011 Town Report. Lucy Burton had one comment to the Annual Report, Page 3, second paragraph. Change of ownership from Mashpee Fish and Lobster to Lobster Trap but maintained ice cream service as Smitty’s Ice Cream, not Haley’s Ice Cream.
Burton Kaplan questioned the statement on the Landfill and asked that the sentence be removed from the Town Report.
Lucy Burton made a motion that the Board adjourn the Public Session, to enter into Executive Session, not to return to the Public Session.
Roll Call Vote: Kalliope Egloff, yes; Lucy Burton, yes; Burton Kaplan, yes.
The public session meeting was adjourned at 8:00 PM.
Respectfully submitted,
Frances Boulos
Administrative Assistant
Board of Health
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