Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of March 28, 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.
NEW BUSINESS
1. Sign Warrants. None.
2. Review/Approve BOH Public Session Minutes: 03/14/12.
Burton Kaplan made a motion that the Board of Health approve the Public Session Minutes of March 14, 2012, as amended. Kalliope Egloff seconded the motion. The motion was unanimously approved.
3. Nomination of Inspector of Animals.
Burton Kaplan made a motion to nominate Veronica Warden as the Inspector of Animals for 2012. Kalliope Egloff seconded the motion. The motion was unanimously approved.
4. Request for Kennel License: 166 Noisy Hole Road.
The owners are not breeding dogs. They just happen to have 4 pets. There are no plans to increase the number of dogs. Two of the animals are aging, and the owners had an opportunity to obtain these puppies from a friend.
Kalliope Egloff made a motion to approve the kennel license at 166 Noisy Hole Road. Burton Kaplan seconded the motion. The motion was unanimously approved.
5. Variance Request: 33 Gia Lane.
The homeowner is requesting a variance to the regulation requiring septic tanks over 30 years of age to be replaced and a variance to the distance to groundwater regulation.
Sandra Kennedy introduced herself to the Board.
Ms. Kennedy originally rented the house at 33 Gia Lane and then purchased the home in February 2009. Since she is transferring to Virginia, Ms. Kennedy is in the process of selling the home.
Lucy Burton stated that the deck is over the septic tank, thus protecting the tank. The S.A.S. is dry and functioning. It is not in failure, but it does not have the 4 feet to groundwater. The number of bedrooms for this house cannot be increased due to the property being in a Zone II and the size of the lot; therefore, it maintains the three bedrooms. Any variances due to hardship that are granted tonight will not set a precedent.
Burton Kaplan made a motion that the Board of Health approve the two variances for 33 Gia Lane – Part IX Section 17D 4 and 5 of the local Board of Health Septic Inspection Regulation to allow the leaching to be utilized and the septic tank to remain due to extreme hardship on behalf of the seller, and those variances to reside with the property until the system fails. Also, a 3-bedroom deed restriction is included as condition of the variance. Kalliope Egloff seconded the motion. The motion was unanimously approved.
6. Release of Deed Restriction: 2 Point Road.
Glen Harrington stated that George Benway requested the release of the Deed Restriction. Mr. Harrington commented that the deed restriction on the 2-bedroom home should not be released until the new septic system in installed.
Burton Kaplan made a motion that the Board of Health defer action on the request to rescind the Deed Restriction on 2 Point Road until the new approved three-bedroom septic system has been installed. Kalliope Egloff seconded the motion. The motion was unanimously approved.
ADDITIONAL TOPICS
1. Unwanted Medication Take Back Program.
Kalliope Egloff made a motion that the Board of Health add Unwanted Medication drop-off to the Discussion. Burton Kaplan seconded the motion. The motion was unanimously approved.
2. Food Composting at the Transfer Station.
Lucy Burton made a motion that the Board of Health add Food Composting at the Transfer Station to the Discussion. Burton Kaplan seconded the motion. The motion was unanimously approved.
3. 72 Highland Street – Emergency Condemnation.
Lucy Burton made a motion that the Board of Health add 72 Highland Street under Additional Topics. Burton Kaplan seconded the motion. The motion was unanimously approved.
Glen Harrington stated that he received a call from the Mashpee Police Department regarding the condition of, and activity at, 72 Highland Street. Mr. Harrington commented that he did not have permission to enter the house but was able to observe the interior through the back door that was left open. The inside of the house was as bad as the outside.
The owner, Danny Lawson, lost the house to the bank in September 2011. Chase Bank is the bank that has ownership of the house. Mr. Harrington stated that he is trying to notify the bank, but in the meantime he will inform the Town Manager and DPW in order to clean the property and secure the dwelling.
Knowing that the house was vacant, the neighbors notified the police because cars were seen in the backyard. A window to the back bedroom was jimmied open and now cannot be locked. It is believed that the former owner’s son returns to the house.
An inspection of the property by Mr. Harrington considered it unfit for human habitation. Mr. Harrington is requesting the Board to deem it as an Emergency Condemnation.
Burton Kaplan made a motion that the Board of Health deem an Emergency Condemnation at 72 Highland Street based on Veronica Warden’s observations, police reports, and the photographs as to the condition of the property as being uninhabitable. Kalliope Egloff seconded the motion. The motion was unanimously approved.
DISCUSSION
Cigarette Manufacturing Machines.
There is no indication that anyone in Mashpee will purchase a cigarette manufacturing machine. There could be 3 or 4 shops that might be interested. Since this deals with tobacco products, Mr. Harrington feels it is a Board of Health matter. A customer will purchase loose tobacco and pay for the use of the machine to roll cigarettes.
Cigarettes are extremely expensive because of a vast tobacco tax. Therefore, a customer using the cigarette manufacturing machine will save a considerable amount of money. The cigarette tax was imposed to deter people from smoking. The Board would prefer to prohibit the machines rather than impose taxes.
Glen Harrington stated that this is considered a vending machine. The state of Massachusetts already has prohibition regulations on vending machines. Even though this is manufacturing, it is still a vending machine. Cigarettes can only be sold over the counter. The use of vending machines selling cigarettes is no longer allowed.
Unwanted Medication Take Back Program.
Burton Kaplan visited the Yarmouth Police Station to view the drop box for prescription drugs. Mr. Kaplan was surprised that the box was smaller than a mailbox. Mr. Kaplan spoke to the police officer in charge of the program at the Yarmouth Police Department. Burt Kaplan’s understanding was that this was a 2-part system—Part 2 being the incinerator. That is not true. They do not have any kind of incinerator system. The problem is that the officer must wait 6 months for the state to collect the items from the box. However, the box fills up in 2 days. People are coming from all over Cape Cod and placing all types of medication in the container.
Kalliope Egloff and Glen Harrington stated that the Yarmouth Police do have an incinerator, but they have had a problem with the incinerator and have asked the manufacturer to return and demonstrate the proper use of the machine. Ms. Egloff has seen a demonstration of the incinerator. Use of the incinerator saves on fuel, saves on officer time, and saves on wear and tear.
Kalliope Egloff commented that 10 towns on Cape Cod were interested in the Drug Drop-Off Boxes. Mike Maguire and Kalliope Egloff wrote a grant with RDO. Once the grant is received every town on Cape Cod will have an incinerator. Orleans is not interested in an incinerator, and Mashpee will have its own. Part of the grant will serve to educate on the appropriate disposal of unwanted medications.
Food Composting at the Transfer Station.
Kalliope Egloff stated that she and Mike Maguire observed a very effective model of composting at two transfer stations in Franklin County and also at a school. In 2014 DEP will implement a food waste ban for institutions such as hospitals, health care industry, and schools. Ms. Egloff and Mr. Maguire observed 2 different models at the transfer stations. One was an open site where the food waste is placed in a bin, similar to recycling toters, sprinkled with sawdust, and then closed. The food waste is eventually taken to a farm.
At the other transfer station where there is supervision, there is an open 5-yard container where the food waste is thrown in and then removed by a hauler and taken to a farm. At this transfer station the residents are educated by the attendant as to the importance of food composting.
Ms. Egloff and Mr. Maguire visited the school where food waste composting is conducted with the custodial staff and the junior honor league. The food waste is mixed with recycled shredded paper, as the paper absorbs odors and liquids. There are three bins in the hallway…trash, recycling, and food waste. Everyone has the opportunity to throw items into the respective containers. The food waste composting container is kept outside the cafeteria back door.
All the food waste is then taken to a farm where it is placed in bins. It is low odor and clean. It may be an option for the Cape Cod towns if Pay-As-You-Throw is implemented in the towns. The food composting program has only been available for 3 or 4 years.
Burton Kaplan made a motion to that the Board of Health adjourn the meeting. Kalliope Egloff seconded the motion. The motion was unanimously approved.
The public session meeting was adjourned at 8:07 PM.
Respectfully submitted,
Frances Boulos
Administrative Assistant
Board of Health
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