Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of November 14, 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 – Meredith Nixon – Mass Food Code Violation – The Fitness Company.
A continuance has been requested as the owners have stated that they will be out of town during the meeting.
Kalliope Egloff made a motion that the Board of Health continue the Mass Food Code Violation for the Fitness Company until the next Board of Health meeting held on November 28, 2012. Lucy Burton seconded the motion. The motion was unanimously approved.
7:30 PM – Thomas & Joan Analetto – Title V Violation – 52 Quaker Run Road.
Glen Harrington commented that this should not have been set as an appointment. The show-cause letter was never issued. Mr. Harrington wanted the Board to review the compliance status of this property because of the time frames.
Burton Kaplan stated that on August 1, 2012, the owners were given notification to pump the cesspool within 24 hours and 14 days to submit a design plan. All of which have expired and no work performed.
Mr. Harrington commented that a perc test was performed on the property today, and the house appears to be vacant.
Glen Harrington stated that a show-cause letter will be issued to the property owner to appear before the Board of Health.
Kalliope Egloff stated that Barnstable County Health has a septic loan program for failed systems, thus giving the owners the opportunity to seek assistance. Also, there is a pilot program offered by Barnstable County Health that proposes a 0% interest loan and runs parallel to the septic loan program. It can be viewed on the Barnstable County Department of Health and Environment website under the title “Free Money”.
7:45 PM – Jack Landers-Cauley – Title V Variance – 2 Kim Path.
Jack Landers-Cauley, representing the owner of 2 Kim Path, introduced himself to the Board.
Jack Landers-Cauley commented that there is a leaching pit in the vicinity of the proposed new SAS. The pit is in the groundwater and meets DEP’s definition of failure.
Mr. Landers-Cauley stated that the homeowner would like to make the rooms in the house larger. The Zoning Board of Appeals approved the changes. In addition the same project was submitted to the Conservation Commission because of the distance to the wetlands. Mr. Landers-Cauley commented that the house will remain a 3-bedroom home.
Jack Landers-Cauley is requesting that the Board of Health grant the following variance relief:
310 CMR 15.211:
1. An 8.3’ variance from the Soil Absorption System to the crawl space.
2. An 8’ variance from the southwesterly property line to the Soil Absorption System.
3. A 4.6’ variance from the proposed septic tank to the crawl space.
4. A 2’ variance from the bottom of the leaching facility to groundwater.
310 CMR 15.227(5):
5. A variance requesting the invert elevations less than 12 inches above the high
groundwater elevation if redoximorphic features are determined by a soil evaluation at the
time of installation.
Board of Health Regulation Part IX, Section 9:
6. A local Board of Health variance of 25’ from the edge of the wetlands to the proposed Soil
Absorption System in lieu of the required 100 feet.
Glen Harrington stated that the septic tank and pump chamber are in groundwater. The tanks need to be monolithic and should be made water-tight. The tanks need to be sealed and specified with rubber boots on the inlet and outlet. Once the tanks are in groundwater uplift calculations are required. The wall needs to be designed and stamped by a structural engineer with full specifications provided.
Mr. Harrington commented that an Operations and Maintenance Contract is required, and the total nitrogen must be tested quarterly for 2 years from the D-Box. A notice needs to be filed at the Registry of Deeds for the presence of the I/A system, which is a requirement for the Hoot System. The pump chamber outlet manhole needs to be brought to finished grade.
Lucy Burton made a motion that the Board of Health approve the variances as outlined in the cover letter for 2 Kim Path with the following changes and conditions:
1. The septic tank needs to be sealed and specified with rubber boots showing the uplift
calculations.
2. The wall needs to be designed and stamped by a structural engineer.
3. There needs to be an Operations and Maintenance Contract with the total nitrogen tested
quarterly for 2 years.
4. Notice needs to be recorded at the Registry of Deeds for the I/A system.
5. The pump chamber cover needs to be brought to finished grade.
6. The outside shower needs to be removed or tied into the septic system.
Kalliope Egloff seconded the motion. The motion was unanimously approved.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Review/Approve BOH Public Session Minutes: October 17, 2012.
Kalliope Egloff made a motion that the Board of Health approve the Public Session Minutes of October 17, 2012. Lucy Burton seconded the motion. The motion was unanimously approved.
3. Variance Request – 9 Summersea Road.
A variance is requested to allow the existing septic tank to remain. The tank was installed in April of 1981 and exists under a solid wood deck. The SAS was repaired in 2009.
A septic inspection was conducted for the purpose of transferring the property to a new owner. Glen Harrington stated that the septic inspection passed, and no other issues existed except for the age of the septic tank.
Lucy Burton made a motion that the Board of Health approve the variance for 9 Summersea Road pending the receipt of the $40.00 variance fee. Kalliope Egloff seconded the motion. The motion was unanimously approved.
4. Talk to the Paws Doggy Daycare – 46 Nicoletta’s Way Units #7 and #8.
A kennel permit is requested due to the fact that boarding of dogs will take place. Dogs are planned to be washed with shampoo only – no dyes or perms. Lisa McAdams, the owner, will install a chain link fence that will be buried and secured in concrete footings.
Lisa McAdams stated that she attended the Zoning Board of Appeals meeting and will be attending the Plan Review Meeting scheduled on Tuesday, November 20, 2012, for approval of the doggy daycare.
Burton Kaplan questioned the use of the product “SUNzyme”. Lisa McAdams stated that this product is used to clean the floors every night to remove odors. It’s an all natural biodegradable product.
Lisa McAdams commented that there are 2 permanent rooms that are dividable by an accordion wall, and the rooms are open during the day. There are televisions in the rooms televising Animal Planet to keep the dogs company. There is a dedicated area for dogs that require extra assistance, and dogs are interviewed to be sure that they all get along.
Ms. McAdams stated that all of the necessary permits are in hand.
Lucy Burton made a motion that the Board of Health approve the kennel license application for Talk to the Paws Doggy Daycare. Kalliope Egloff seconded the motion. The motion was unanimously approved.
5. FY 2014 Budget.
The Board members discussed the FY 2014 Budget with questions and comments for Glen Harrington. The Board congratulated Mr. Harrington with a job well-done.
Lucy Burton made a motion that the Board of Health approve and submit the FY 2014 Budget for the Board of Health as amended. Kalliope Egloff seconded the motion. The motion was unanimously approved.
OLD BUSINESS
1. Title V Violation – 6 Crestview Circle.
Glen Harrington stated that the garbage grinder at 6 Crestview Circle was to be removed, and the Board voted to give the owners until the end of October.
Mr. Harrington informed the Board as a follow-up that the paid invoice for removal of the garbage grinder at 6 Crestview Circle was submitted to the Board of Health by Anthony and Joan Loureiro.
ADDITIONAL TOPICS
1. Glen Harrington stated that he received a call from a woman on November 13, 2012, to perform a housing inspection at 14 Vale Lane. She informed Mr. Harrington that there was no heat, the furnace was turned off, and there were high carbon monoxide readings.
Mr. Harrington went to the property that afternoon and discovered that National Grid, E. F. Winslow, and the Mashpee Fire Department had already been at the property. Mr. Harrington was notified three days after the incident took place. The Fire Department told the woman to leave the house because the carbon monoxide concentrations were around 400 ppm.
The gas to the furnace was turned off by National Grid. There was a crack in the boiler which was leaking carbon monoxide, and the basement carbon monoxide detector was inoperable. There were no other carbon monoxide detectors in the house.
Carbon monoxide was detected in the vents and was dispersed into the living space and in the basement. The tenants have a 3-month old baby and were in and out of the hospital with headaches.
The woman thought she smelled gas outside and notified National Grid. When National Grid arrived at the house, the readings on the carbon monoxide detector registered high levels.
Lucy Burton stated that the Fire Department should notify the Board of Health when a situation warrants a possible condemnation, especially with a 3-month old baby.
Glen Harrington commented that a letter was written to the owner notifying him that the property has been condemned. The owner cannot rent or occupy the property until the Plumbing Inspector and the Board of Health inspect the property.
2. Glen Harrington submitted comments to Artie Kroese at Roche Brothers about the water softener. Mashpee water is extremely soft, and chemicals may not be needed to soften the water. The normal test strips that the Board of Health have begin at 50 ppm. Concentration needs to be 20 ppm. Mr. Harrington informed Mr. Kroese that specific test strips are needed for testing.
3. Glen Harrington commented that 24 Spoondrift Way, Mark Jennings, hired an attorney. The issue at hand is that Mr. Jennings believes the home is a 3 bedroom and does not want a Deed Restriction. Veronica Warden performed an inspection of the entire home and has determined that it is only a 2 bedroom.
Mr. Jennings attorney, Joe Cavanaugh, requested that rather than go to court, he would like to speak directly to the Board. Mr. Cavanaugh will forward a letter to Burton Kaplan, Chairman, requesting a date and time to appear before the Board.
Mr. Kaplan stated that Mark Jennings was given several opportunities to represent himself or to have representation.
4. Burton Kaplan stated that some time ago DEP issued a fine to MEZ Realty with respect to water, and Mr. Kaplan would like to know the status of the situation. Mr. Harrington commented that there was a judicatory hearing at DEP, and the fines were about $6,000 or $7,000. Mr. Harrington will check the status of the decision.
DISCUSSION
1. I/A Compliance.
Glen Harrington commented that he added a paragraph on the bottom on the Enforcement Policy stating that properties that do not have contracts also have not sampled the requisite amount of time; therefore, a show-cause letter is issued to appear before the Board of Health.
NEXT MEETING
The next meeting of the Board of Health is scheduled for Wednesday, November 28, 2012, at 7:00 PM in Conference Room 1.
The public session meeting was adjourned at 8:20 PM.
Respectfully submitted,
Frances Boulos
Administrative Assistant
Mashpee Board of Health
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