Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of January 25, 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 – Paul Tilton, Sandwich DPW – Pay As You Throw Update.
Paul Tilton, DPW Director from the Town of Sandwich, introduced himself to the Board.
Mr. Tilton was here to discuss the progress of the Sandwich Pay As You Throw program during the first 6 months of operation. There are 13 retailers that participate in the program. They carry 3 different size bags for purchase. The smaller size bags are designed with the elderly in mind since they do not generate a great deal of trash, and it would be easier for them to handle. The rate of the bag per gallon is less expensive, especially for those on a fixed income. The retailers cannot make a profit nor do they charge tax on the bags.
Mr. Tilton showed a comparison of 2010 solid waste tonnage without PAYT and 2011 with PAYT. First month of the program was July, and the tonnage has dropped quite a bit compared to last year. People are recycling more and saving money. Some people have dropped out of the program, and tonnage has increased for the private haulers. There is more composting, and less trash is being generated. PAYT is working.
Commingling (bottles and cans) and paper recycling are increasing. Trailer trips are down since there is less solid waste. Trailers are not on the roadways as much. Vendors pick up the recycling. There is a savings on the fuel bill since there are fewer trips.
There is less traffic going in and out of the site, which keeps congestion down to a minimum in the driveway and the surrounding roads.
In comparison, solid waste is down 41%, commingling is up 65%, fiber (paper) is up 36%, bulky waste is down perhaps because of the big rush before the new program took place. There now is a charge for bulky waste (tires, refrigerators,).
The transfer station prefers not to have money transactions. Therefore, instead of people having to go to the Town Hall Annex to purchase a ticket in order to dispose of their bulky items, a ticket machine was recently installed where people use a credit card, debit card, or cash to purchase a ticket to give to the gate attendant for the disposal of bulky waste items.
PAYT has been a learning experience. Some of the bags ripped because people would over fill them. At times Retailers did not have enough bags in stock. The cost of the bags has not changed, however it will be evaluated every year along with the sticker fee.
There has not been a significant amount of illegal dumping. Some bags have been found in dumpsters. It is recommended that dumpsters be locked with a bar across to prevent illegal dumping.
People always try to beat the system. They buy some blue bags somewhere else. They try to use different colored bags. They try to throw bags with recycling. Staff has been increased to enforce this.
PAYT is a successful program. It will help offset user fees. PAYT must be in force for 2 years to see its effectiveness within those 2 years, and must adopt a policy requiring private haulers to provide recycling to its customers.
7:30 PM – Upper Cape Helping Hands – Lynda Carroll – Show Cause – Food Code Violation.
This appointment has been postponed to the next meeting of February 8, 2012.
Burton Kaplan noted for the record that Ms. Carroll had been asked repeatedly to produce evidence of her non-profit status. Many others have been asked to produce evidence of their tax exempt status. Glen Harrington stated that all those that were required to give evidence of their tax exempt status did produce the information.
7:45 PM – Dalton Burdge – Show Cause – No O & M Contract for I/A System:
11 Equestrian Avenue.
Glen Harrington commented that no O & M Agreement has been maintained for the septic system at that address for the past four years. Brian Baumgartel from Barnstable County sent out notices to the owner in 2008 to let him know that the contract lapsed in March 2008. The system has been sampled eight times to meet the local BOH TN testing requirement. The system only needs annual field testing.
Dalton Burdge of 11 Equestrian Avenue introduced himself to the Board.
Mr. Dalton Burdge stated that he misunderstood the regulations and thought that he no longer needed the agreement. Mr. Burdge did not intentionally disregard the payments. Mr. Burdge contracted with Bennett Environmental, and Bennett received information from Barnstable County that Mr. Burdge is to maintain annual field testing. Mr. Burdge never received any written information to continue the O & M Agreement when he first purchased the home from the contractor.
Burton Kaplan stated that is just a lack of communication, however, how can 3 or 4 years of the contract be overlooked. Lucy Burton wanted to propose a fine equivalent to the cost of the yearly inspection times 3 years for each of the years missed. Burton Kaplan expressed that it is a bit much. Kalliope Egloff stated that since it was not a deliberate act, she does not agree to fine for each of the 3 years. Lucy Burton proposed a fine for the cost of one inspection of $350.00.
Burton Kaplan made a motion that the Board of Health fine Mr. Burdge $350.00 for the three years of violation on 11 Equestrian Avenue. Kalliope Egloff seconded the motion. The motion was unanimously approved.
NEW BUSINESS
1. Sign Expense Warrants: None.
2. Review/Approve BOH Public Session Minutes: 01/11/12.
The Board members amended the minutes of the Public Session meeting of 01/11/12.
Kalliope Egloff made a motion to approve the amended January 11, 2012, minutes. Burton Kaplan seconded the motion. The motion was unanimously approved.
3. Title V Variances for Septic Upgrade: 52 Uncle Henry’s Road – Gary Eynatian.
Gary Eynatian, property owner, introduced himself to the Board.
Mr. Eynatian stated that his septic system failed upon a septic inspection. The property is in a high water table area, and the lot size is limited. Mr. Eynatian is requesting a couple of variances to upgrade the system.
Glen Harrington stated that the existing septic system failed inspection due to the lack of the required four feet from the bottom of the SAS to groundwater. The property is up for sale. The variances requested are a setback to the slab foundation and a one-foot drop to groundwater for the SAS. Title V allows the variances per Maximum Feasible Compliance. Glen Harrington believes groundwater is near maximum.
Burton Kaplan made a motion that the Board approve the 2 variances requested for 52 Uncle Henry’s Road as detailed on the plan provided. Kalliope Egloff seconded the motion. The motion was unanimously approved.
4. Request for 2012 Retail Food License and Tobacco License: South Cape Wine & Spirits.
All licenses and permits are in order. Retail license is incidental to the primary business, and they have a liquor sales permit.
Burton Kaplan made a motion that the Board approve the application for Tobacco and Food Sales permit submitted by South Cape Wine and Spirits for 19 Commercial Street, Unit C-1. Kalliope Egloff seconded the motion. The motion was unanimously approved.
5. 6 Dean’s Hollow Road
Glen Harrington asked to add 6 Dean’s Hollow Road to the agenda. It was unintentionally overlooked. 6 Dean’s Hollow was discussed at the last meeting.
Lucy Burton made a motion to add 6 Dean’s Hollow Road to the agenda. Kalliope Egloff seconded the motion. The motion was unanimously approved.
Glen Harrington stated that the buyer’s attorney explained that the dwelling will not be razed but a second story is planned. Cape & Islands Engineering was hired to design the system.
The new draft of the enforceable agreement was provided. The criteria in the new draft is that the septic system will be constructed by June 30, 2012, and that no occupancy will take place until the new system is completed.
Glen Harrington requested setting a date to receive the fully executed enforceable agreement and also a date whereby Mr. Power is truly contracted with Cape and Islands Engineering. Burton Kaplan would like the Enforceable Agreement before February 8, 2012.
The fully executed Enforceable Agreement must be submitted by February 1, 2012. Engineering must be received 45 days from closing, which would be around March 8, 2012. By June 30, 2012, the system must be installed with the contingency that there be no occupancy until the system is complete. Evidence of fiscal compliance is the contract of the design system.
Kalliope Egloff made a motion that the Board require a fully executed contract by February 1, 2012, receives evidence of fiscal compliance, also a commitment to design a system by February 1, 2012, and 45 days after the closing which would be around March 8, 2012, the Board requires fully executed engineering plans. The Board requires that the system be in place no later than June 30, 2012, and no occupancy until the system is verified to be in place at 6 Dean’s Hollow. Burton Kaplan seconded the motion. The motion was unanimously approved.
OLD BUSINESS
1. Title V Variance for Septic Upgrade: 82 Nick Trail – Paul Hanlon.
Glen Harrington stated that an enforceable agreement is in place with Mr. Hanlon to have the septic tank replaced by February 14, 2012. However, it was discovered that the septic tank is within 10 feet of the abutting side property line. A permit has been obtained by Pastore Excavation to do the replacement. Since no engineering was required, Mr. Hanlon is to notify his abutter that a septic repair would be occurring within ten feet of their property line. Mr. Hanlon provided a notice to Ms. Sullivan. Glen Harrington spoke to Ms. Sullivan, and she indicated that she received the notice and had no comments.
Kalliope Egloff made a motion that the Board approve the permit for 82 Nick Trail to replace the septic system with the sideline property variance within 10 feet of the abutter at 78 Nick Trail. Burton Kaplan seconded the motion. The motion was unanimously approved.
ADDITIONAL TOPICS
Glen Harrington received a call from Catherine Laurent that Cavossa Disposal and One Pointe Home Curators are in arrears on their payments to the Town.
DISCUSSION
Innovative/Alternative Septic System Compliance
The County oversees the Carmody data base. This data base is where all the I/A operators submit their results, and the operators enter all the information that they find at the properties that have an I/A system. Glen Harrington stated that since Mashpee has the most I/A systems, we have the most that are out of compliance. There are several violations that seasonal people are turning off the electricity to the systems. Failure to maintain a contract is another violation. DEP approved seasonal use without the Town’s knowledge.
This discussion is continued to the next meeting on February 8, 2012.
Burton Kaplan made a motion that the Board adjourn the Public Session meeting. Kalliope Egloff seconded the motion. The motion was unanimously approved.
The public session meeting was adjourned at 8:45 PM.
Respectfully submitted,
Frances Boulos
Administrative Assistant
Board of Health
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