Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of March 14, 2012
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 PM – Daniel Bulger – Show Cause for Title V Non-Compliance – 51 Monahansett Road.
There was no representation for this appointment.
A letter was sent to Daniel Bulger, the owner, for non-compliance with Title V for not maintaining an operation and maintenance contract (O & M) for the on-site FAST septic system. On July 28, 2010, Wastewater Treatment Services, Inc. notified the owner, BOH, and DEP that the O & M contract had lapsed. The last actual maintenance of the system was on January 4, 2010, which was the regularly scheduled annual inspection. The Board of Health sampling requirements have been met.
Glen Harrington stated that basically one inspection has been missed (January, 2011), and the owners now have a new contract. If they do an inspection in 2012, they will be in compliance for 2012.
Kalliope Egloff commented that since there was no representation to give extenuating circumstances for the non-compliance, Mr. Bulger should be fined the cost of one year’s non-compliance.
Burton Kaplan made a motion that the Board of Health fine 51 Monahansett Road $350.00 for one year’s non-compliance with having a maintenance contract. Kalliope Egloff seconded the motion. The motion was unanimously approved.
7:30 PM – Patricia Schmitt – Show Cause Hearing for Title V Non-Compliance – 37 Seconsett Point Road.
Patricia Schmitt, owner of 37 Seconsett Point Road, introduced herself to the Board.
In July 2011, a letter was issued by the Board of Health to have a collapsed cesspool filled in to abate a hazard and for the septic to be designed and upgraded as soon as possible. The collapsed cesspool was filled and piped through to the second cesspool. The second cesspool is in groundwater, and this is the reason the order to upgrade was kept in effect. No plans were submitted or engineered, therefore, generating the need for a second letter for a show-cause hearing.
Mrs. Schmitt did not realize that once the cesspool was repaired and compliance was issued that further work was required to upgrade the system.
Lucy Burton stated that since the system is an environmental hazard, the system cannot stay the way it is throughout the summer. Therefore, Mrs. Schmitt cannot be allowed to use the house during the summer.
Glen Harrington stated that because of the sale of the property, Mrs. Schmitt will need to have a septic inspection. It is state law for all property transfers in Massachusetts. The system would fail because it is in the groundwater and also because it is a cesspool.
After discussion, a date of May 31, 2012, was set as the deadline to have the septic system completed with a Certificate of Compliance issued. If the date is missed, then the Board of Health will proceed with condemning the house. The house cannot be occupied during the summer because the current cesspool is an environmental hazard and a sanitary code violation.
Burton Kaplan made a motion that the non-compliant cesspool at 37 Seconsett Point Road be corrected no later than May 31, 2012, with all the associated work completed prior to that date and a Certificate of Compliance issued. If that date is missed, then at the next meeting of the Board of Health the property will be condemned. Kalliope Egloff seconded the motion. The motion was unanimously approved.
7:45 PM – Jack Landers-Cauley – Title V Variances – 12 Sagamore Road.
Jack Landers-Cauley introduced himself to the Board.
Mr. Landers-Cauley stated that this is a house with a failed septic system. He went before the Conservation Commission and received approval to replace the septic system.
This lot has wetland issues in the back and setback issues in the front. The septic system was pigeon holed between the house and the road. In doing so, a variance is required for property line separation from the house and the property line from the side as well as the front. In addition, because it is less than 100 feet from the SAS to the wetlands, Mr. Landers-Cauley had to apply for a denitrification system as required by the Conservation Commission. It is not in a Zone II nor is there an increase in the number of bedrooms.
Jack Landers-Cauley requested a reduction from 10 feet down to 7.1 feet on the front yard setback, a reduction from 10 feet to 5 feet on the sideline, and a reduction from 20 feet to 10.1 feet to the basement area. A 40 mil liner is shown separating the SAS from the basement area.
Jack Landers-Cauley will make the required changes on the plan so that the chambers read H-20, he will add the distances that are missing from the plan, and he will also provide floor plans.
Kalliope Egloff made a motion that the Board approve 12 Sagamore Road after the floor plans have been received, the plans have been modified to show H-20 loading chambers, the street variance listed on the plan to 7.4, and the other 3 variances. Burton Kaplan seconded the motion. The motion was unanimously approved.
8:00 PM – Jack Landers-Cauley – Title V Variances – 20 Mutiny Way.
Jack Landers-Cauley stated that this is similar to the 12 Sagamore Road project. This is an existing house with a failed system with a horizontal separation from the edge of the wetlands. The proposed SAS is less than 100 feet. It is 80.1 feet and placed as far away as possible from the wetlands. The SAS would be more difficult to place on the other side of the lot in order to maintain the 75 feet from the wetlands. This plan was proposed to the Conservation Commission, and a denitrification system is required by the Conservation Commission because it is less than 100 feet.
Mr. Landers-Cauley requested three variances. There is one side line variance, a variance from the corner of the house to the SAS, and a variance from a portion of the house to the septic tank. The blower pad is about 50 to 60 feet away from the property line; therefore, a variance is not required.
Burton Kaplan made a motion that the Board of Health approve the three variance requests for 20 Mutiny Way as specified in the request. A 10-foot setback from the foundation to the tank down to 8.8 feet, second, requiring a 20-foot setback from the foundation to an SAS down to 4.4 feet, third the SAS is to be placed within a 10-foot setback to the property line down to 5.9 feet, and the leaching chambers are to be rated H-20. Kalliope Egloff seconded the motion. The motion was unanimously approved.
8:15 PM – Café Trevi – Request for Outdoor Raw Bar.
Robert Rose from Café Trevi introduced himself to the Board.
Mr. Rose is proposing an outdoor Raw Bar. One question is plumbing. Mr. Rose currently does not have outdoor plumbing. He will be meeting with his plumber Harry Cliff and the Mashpee Plumbing Inspector. There is an outdoor cold water faucet, and the hot water will need to be brought from the indoor plumbing system to the area of the outdoor raw bar. There is an existing drain system in the area of the proposed raw bar that may be used. If not, one will need to be installed.
Burton Kaplan made a motion that the Board approve the application for a temporary service area submitted on behalf of Café Trevi subject to the completion of the necessary plumbing as approved by the Mashpee Plumbing Inspector, and an inspection prior to opening. 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: 1/25/12.
Kalliope Egloff made a motion that the Board of Health approve the Public Session Minutes of January 25, 2012, as amended. Burton Kaplan seconded the motion. The motion was unanimously approved.
3. Mark Dibb, P.E. – Mashpee Wampanoag Government Center: Septic and Site Plan Approval.
Mark Dibb of CNA Engineering Services introduced himself to the Board.
Mr. Dibb represented the Mashpee Wampanoag Tribe on their government center proposal. The overall parcel is 58 acres. The site has changed somewhat. There was some gravel parking areas out front. Buffers were added as the Site Plan Review Committee requested. Some of the overflow parking is being replaced in the back for their Pow Wow.
The design of the septic system is a 4,216 gallon per day system designed for the building. The flow is based on the government office in the building, a worship area and kitchen with capacity of 299 seats, and 2 medical doctors for the site. The system is essentially designed for 4,500 gallons per day.
The drainage was redesigned to include Bio-Retention areas. All have overflow catch basins. Only six to nine inches of ponding is allowed. Then it overflows to the subsurface system in the same area, and ultimately everything overflows to a basin in the back. It is designed to meet DEP regulations and the Town’s regulations for the Bio-Retention areas.
A high strength Fast System will be installed in the same area as originally designed for the Bio-Clear system. There is a separate grease trap for the kitchen, and it ties into the 9,000 gallon septic tank, to a 5,000 gallon fast tank, to a pump chamber and its pressure goes to the one field that is installed at this time.
Glen Harrington stated that since this is considered institutional or government, it does not meet local commercial or industrial requirement to have the reserve areas installed at the time of construction.
Kalliope Egloff made a motion that the Board of Health approve the site plan for 483 Great Neck Road South, the Mashpee Wampanoag Government Center, the septic approval as per Mass DEP, and the high strength Fast System from the Bio-Clear. Burton Kaplan seconded the motion. The motion was unanimously approved.
4. Request for 2012 Residential Kitchen Permit and Caterer: Bistro on the Go.
Glen Harrington stated that Mrs. Peggy Eagan requested a 2012 Residential Kitchen Permit using her private home as a residential kitchen for the purpose of preparing desserts. The meals are prepared in other people’s private homes. Mrs. Eagan’s business consists of a service as a private or personal chef. There is a fine line between a residential kitchen and a catering permit that no potentially hazardous food can be prepared in a residential kitchen and brought or cooked and then cooled and reheated at another location. The regulations specify that a residential kitchen cannot be a base for a caterer.
Glen Harrington questioned the items that are considered potentially hazardous on the dessert list. The crème brulee, the cheesecake, and the banana cream pie are all items that require refrigeration after they are made which are considered potentially hazardous foods.
Glen Harrington asked whether the brioche will have a filling. Mrs. Eagan stated that fruit are to be used as a filling in the brioche. No baked goods with cream fillings may be prepared.
Peggy Eagan stated that she prepares meals in people’s homes. She discusses the menu, goes shopping, and then goes to the home. Mrs. Eagan cooks the meals, packages and labels them, and places the meals in the refrigerator. Nothing is premade. It is all freshly prepared at the home. Since it is time consuming, the baked goods are prepared in Mrs. Eagan’s kitchen and transported to people’s homes.
Mrs. Eagan uses her client’s utensils and equipment but on occasion uses her own when nothing is available at the home. Lucy Burton suggested that Mrs. Eagan discuss with the client prior to the preparation of meals the need to have the equipment available.
Peggy Eagan is Serv-Safe certified and also has her Allergen Awareness Certificate. She will provide the Board of Health with the certificates and also the application fee.
Burton Kaplan made a motion that the Board of Health approve the Residential Kitchen License at 10 Poplar Drive. Kalliope Egloff seconded the motion. The motion was unanimously approved.
OLD BUSINESS
1. Lynda Carroll – Upper Cape Helping Hands – Non-Profit Status.
A show-cause meeting was requested because the renewal application could not be processed due to no fee paid or no 501(C3) certificate provided. A $100.00 fee was paid to finalize the processing of the 2012 retail food permit.
Burton Kaplan stated that all he requested was an acknowledgement that the original application was incorrect. Mr. Kaplan wanted the record to show that Ms. Carroll is not a non for profit for any future submittals.
Glen Harrington stated that she paid for her license rather than providing information of non-profit status. Mr. Harrington had no further issues outstanding with Ms. Carroll since she has paid for the 2012 Retail Food permit.
Burton Kaplan made a motion that the Board of Health delete Lynda Carroll, Upper Cape Helping Hands, from the Board of Health Agenda with no further action. Kalliope Egloff seconded the motion. The motion was unanimously approved.
ADDITIONAL TOPICS
1. Remote Participation in Public Meetings.
Lucy Burton made a motion that the Board of Health add remote participation in public meetings to the agenda. Burton Kaplan seconded the motion. The motion was unanimously approved.
Lucy Burton stated that remote participation of public meetings is when physical attendance is unreasonably difficult due to personal illness, personal disability, emergency, military service, or geographic distance.
Burton Kaplan questioned that on the distant end there should be no listeners and no conversation from the other end. Also, Mr. Kaplan was concerned about having a speaker system whereby the Board could speak individually. Kalliope Egloff and Glen Harrington suggested that the phones at Town Hall have a speaker phone with conference call capability.
Kalliope Egloff stated that the Attorney General created these plans and is offering them to the towns. They have already been approved at the state level.
The Board was in agreement that the remote participation would be beneficial.
2. Textile Recycling.
Kalliope Egloff made a motion that the Board of Health add textile recycling to the agenda. Burton Kaplan seconded the motion. The motion was unanimously approved.
Kalliope Egloff attended a meeting with Mass DEP – not for profit, for profit, and industry executives for textile recycling. Textiles in the solid waste treatment account for about six percent out of 100. They have a low BTU value. Towns can actually collect it and sell textiles for about $100.00 per ton as opposed to incinerating it, giving it away or donating it.
Textile recycling is to be dry and free from hazardous and human waste. Everything is taken as long as it is dry and free from hazardous and human waste. Goodwill will accept everything as long as these conditions are met.
DISCUSSION
Innovative/Alternative Septic System Compliance: Enforcement Policy.
The Board needs to make a policy for the enforcement of approximately 300 I/A Systems within the Town.
Barnstable County starts the initial notification to the homeowner: 1). A phone call to the owner notifying them that the O & M contract has lapsed or is not being sampled or inspected as required. The owner will be given 14 days to submit the O & M contract to our office. 2). A letter to the owner reiterating the above giving them an additional 14 days to submit the O & M. The Board of Health will receive a copy of this letter of the system’s non-compliance, and the enforcement efforts are under way. No further action for the Board of Health. 3). A final certified letter is sent, and the O & M company also notifies the homeowner.
Kalliope Egloff stated that the Health Department should have the authority to fine those that fail to keep the contract. Ms. Egloff commented that for those that are in a Zone II or a Nitrogen sensitive area should receive an additional fine.
Glen Harrington will draft a regulation enforcing the non-compliance of an I/A system. If it is written in the regulation, the Health Department will be able to issue the fine.
Kalliope Egloff made a motion that the Board of Health adjourn the meeting of March 14, 2012. Burton Kaplan seconded the motion. The motion was unanimously approved.
The public session meeting was adjourned at 9:05 PM.
Respectfully submitted,
Frances Boulos
Administrative Assistant
Board of Health
attachments
| 
