Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of July 25, 2012
Board Members Present: Also Present:
Burton Kaplan, Chairman Glen Harrington, Health Agent
Kalliope Egloff, Co-Chairman
Lucy Burton, Clerk
Chairman Burton Kaplan called the meeting to order at 7:00 PM.
APPOINTMENTS
7:15 PM – Kurt and Stephanie Jensen – Show Cause: Title V Violation – 42 Wood Road.
Glen Harrington stated that a letter was delivered today on behalf of the Jensens.
Lucy Burton commented that 42 Wood Road is not in a Zone II Water Recharge Area and is a 3-bedroom home with a 3-bedroom septic. Some modifications to the floor plan of the house make it appear as a four-bedroom home. The property owner must have a contractor reduce the bedroom count by creating a 6-foot cased opening to either a bedroom and/or the den.
Glen Harrington commented that the Board of Health Regulations are very strict where it states that if a room has privacy with a standard door opening and meets the other definitions of a bedroom, 70 square feet and is heated, it is considered a bedroom.
Lucy Burton made a motion that the property at 42 Wood Road by the next meeting of August 8, 2012, needs to conform to the standards of a 3-bedroom home with a 6-foot cased opening in one of the bedrooms. Kalliope Egloff seconded the motion. The motion was unanimously approved.
7:30 PM – Reginald and Maureen Huggins – Title V Variance – 22 Greensward Circle.
Reginald Huggins of 22 Greensward Circle introduced himself to the Board. Mr. Huggins thanked the Board for allowing him to appear before them.
Mr. Huggins commented that he plans to make a minor alteration to the septic tank that will help reinforce the structure. A 6-inch concrete slab over the existing tank is proposed. To completely replace the existing tank would be difficult and very expensive. Access would require removing and discarding a large 25-foot native holly and several pine trees. The property is landscaped with holly and hemlock trees that would also be disturbed.
Peter McEntee of Engineering Works representing Mr. Huggins commented that Mashpee has a local by-law that any H-10 tank over 30 years old must be replaced. The initial inspection performed by Capewide Enterprises showed that since the tank was more than 30 years old then it would have to be replaced. Another system inspection recently determined that it is water tight, has no leakage, and appeared to be structurally sound. Mr. McEntee commented that adding another 6 inches of concrete over the tank would provide additional structural support over the top of the tank.
Glen Harrington stated that the concrete cap will help the tank. A septic permit, issued to a licensed septic installer, will be needed for the slab installation, and the engineer is to certify the concrete slab installation once it is completed. The Certificate of Compliance should be issued prior to the sale of the property per Title V Regulation.
Kalliope Egloff made a motion that the Board of Health approve the Title V Variance for 22 Greensward Circle, that a Certificate of Compliance be issued prior to the sale, and that an engineer certify the concrete cover. Lucy Burton seconded the motion. The motion was unanimously approved.
7:45 PM – Janet Pileckas – Title V Variance – 43 Brassie Way.
Denise Dutson, representing Janet Pileckas of 43 Brassie Way, introduced herself to the Board.
Glen Harrington commented that on May 1, 2012, a septic inspection was conducted by Capewide Enterprises which identified a septic tank that was greater than 30 years of age. In order to transfer ownership of the property, a new septic tank is required to be installed or a variance is required. A variance has been requested to install a concrete slab on top of the tank to mitigate the safety hazard identified with older tanks. Mr. Harrington went to the property on June 5, 2012, to view the access to the septic tank. There is open access to the backyard, but it is along one of the fairways of the New Seabury Golf Course. If New Seabury allows access, then a replacement tank could be installed there. If no access is granted by New Seabury, then there is no way to get equipment to the backyard, and all the work will have to be done by hand.
All of the workers would have to go through the garage, as there is no other access.
Lucy Burton stated that if New Seabury does not grant access to the property, then the Board could grant a variance.
Kalliope Egloff commented that the Board should be made aware of New Seabury’s policy on the replacement of Title V Septic Systems if failure occurs and access is limited.
Lucy Burton made a motion that the Board of Health approve the variance with the condition that a letter is received from New Seabury stating that access is not allowed over the golf course. Also, an engineer is required to design and certify the concrete slab installation over the septic tank. Kalliope Egloff seconded the motion. The motion was unanimously approved.
8:00 PM – Mary Wheatley – Title V Variance – 84 Captains Row.
Kalliope Egloff made a motion that the Board of Health continue the Title V Variance for 84 Captains Row to August 8, 2012. Lucy Burton 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: July 11, 2012.
Kalliope Egloff made a motion that the Board of Health approve the Public Session Minutes of July 11, 2012, as amended. Lucy Burton seconded the motion. The motion was unanimously approved.
OLD BUSINESS
1. Lakeside Estates – Solid Waste / Recycling.
Glen Harrington stated that he contacted Allied Waste Republic and was told the sales person that spoke to Mr. Haney last spring is out on leave. Mr. Harrington did obtain the name and number of another person, who has not returned his call.
Mr. Harrington commented that Allied Waste Republic is servicing the dumpsters, but there still is no recycling. The agreement with Lakeside Estates stated that if recycling was more costly, then Mr. Haney would not have to comply. Mr. Harrington stated if that were the case, the hauler would be in violation because residential recycling is a flat fee and should not cost more.
Kalliope Egloff commented that Allied Waste should meet with the Board of Health and discuss the Board’s policy on recycling.
Burton Kaplan commented to add Allied Waste to the August 8, 2012, agenda.
2. 24 Spoondrift Way (Mark Jennings) – I/A O & M Violation.
Lucy Burton commented that at the last meeting a decision would be made at tonight’s meeting whether or not Mark Jennings attended meeting. Mr. Jennings was given the opportunity to attend this meeting or to have a representative. There was no one in attendance.
Burton Kaplan stated that Glen Harrington recommended that the Board require that 1.) A septic inspection be performed within 30 days. 2.) There be an O & M inspection by a Class II WWTP operator within 30 days. 3.) A deed restriction for two bedrooms be provided within 30 days. 4.) Fines for all missed O & M events be issued. 5.) If the above 4 issues are not complied with, then order a Cease and Desist of the operation of the septic system and hold a hearing to condemn the dwelling.
Glen Harrington stated that there had been 2 sampling events. One was in April 2009, and the other was in June 2012. These were only taken because Mr. Harrington had contacted Mr. Jennings on these 2 occasions. The sampling was fine, but the ultraviolet light, which is a requirement, was not sampled. No O & M contracts had ever been submitted, only the 2 sampling events, which were random events, and were not taken per contract. Envirotech Lab had sampled and performed the two testing events, and the results were within the required limits. The O & M is to be done by a person who is a manufacturer’s representative of Sludgehammer or a Class II Wastewater Treatment Plant Operator. Neither of these has occurred since installation.
Mr. Harrington commented that Mr. Jennings has missed 13 events, and there has been no contract for 5 years, and the ultraviolet light has never been sampled or maintained.
Burton Kaplan suggested that unless the fine issued by the Board has been satisfied within 30 days, the Board would proceed with the hearing to condemn the dwelling.
Lucy Burton stated that the fine of $3,900 stays within the parameters of the fine schedule for these systems and for the lack of maintenance. The Board of Health should stay with this schedule based on previous fines that have been initiated.
Lucy Burton made a motion that the Board of Health fine the owner, Mark Jennings, of 24 Spoondrift Way, $3,900 based on 13 missed events, require that a septic inspection be performed within 30 days, that an Operation and Maintenance Inspection by a Class II WWTP Operator be performed within 30 days, that a deed restriction for two bedrooms to be provided within 30 days, and that if the $3,900 fine is not received in the Board of Health office within 30 days, the Board of Health hold a hearing to condemn the dwelling. Kalliope Egloff seconded the motion. The motion was unanimously approved.
Lucy Burton made a motion that the Board of Health adjourn the meeting of July 25, 2012. Kalliope Egloff seconded the motion. The motion was unanimously approved.
The public session meeting was adjourned at 7:54 PM.
Respectfully submitted,
Frances Boulos
Administrative Assistant
Board of Health
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