Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of December 19, 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 – Margaret Baker – O & M Violation – 50 Canonchet Avenue.
Burton Kaplan stated there is no need for a hearing. The owners of 50 Canonchet Avenue are now in compliance.
Glen Harrington commented that the Board of Health has received all of the information that was requested.
7:25 PM – Stuart Bornstein – O & M Violation – Bay Point Condominiums.
Burton Kaplan commented that Stuart Bornstein submitted a letter stating that only four units are occupied at Bay Point Condominiums.
Glen Harrington suggested the following:
1. Allow a maintenance worker to check the system annually or to have a full inspection
annually.
2. Extend the start-up period until 50% occupancy, then require 100% compliance with
Piloting Approval.
Kalliope Egloff stated that a full inspection annually would be reasonable in order to be certain that the system is operating properly, especially with a low intake of water.
Mr. Kaplan suggested that Glen Harrington contact Holmes & McGrath and get their comments on the low intake of water.
Kalliope Egloff made a motion that the Board of Health require annual testing by a qualified wastewater treatment operator pending any information offered by Holmes and McGrath. Lucy Burton seconded the motion. The motion was unanimously approved.
7:35 PM – Thomas & Joan Analetto – Show Cause Hearing – 52 Quaker Run Road.
Burton Kaplan stated that a certified letter was sent to Thomas and Joan Analetto to prepare septic plans within 14 days from receipt of the certified letter. Another requirement was to pump the tank within 24 hours from receipt of the letter. No physical evidence of pumping was provided. The last requirement was to obtain the services of a Mashpee licensed septic installer to install the system within 45 days of plan approval.
Mr. Kaplan commented that this is a one-bedroom dwelling. The soil absorption system is required to be designed for three bedrooms, but no compliant reserve area is shown on the property; therefore, it should remain as a one bedroom. If additional bedrooms are requested in the future, the Board has required ultra-violet disinfection due to the 150’ coastal bank variance. In the past the Board has allowed the use of three bedrooms with the above requirements.
Lucy Burton commented that this owner has been disregarding the Health Agent’s orders and has been in non-compliance and has failed to take the necessary steps in the required time frames.
Ms. Burton feels that fines are in order.
Lucy Burton made a motion to fine the homeowner of 52 Quaker Run Road $500.00 for failing to have the septic repaired and following the timelines outlined by the Health Agent. Kalliope Egloff seconded the motion. The motion was unanimously approved.
7:45 PM – Peter McEntee, P.E. – Title V Variance – 52 Quaker Run Road.
Peter McEntee, representing Thomas Analetto of 52 Quaker Run Road, introduced himself to the Board.
Mr. McEntee commented that Mr. Analetto has a failed cesspool and has been ordered to upgrade the system. In order to proceed with the upgrade, several variances are required. Also, since the property abuts in the wetlands, the area has been flagged by the Conservation Agent, Drew McManus.
The variances requested are:
1. A 4’ variance, soil absorption system to the property line in the front, for a 6’ setback.
2. A 4’ variance, septic tank to the property line in the front, for a 6’ setback.
3. A 13’ variance, soil absorption system to crawl space, for a 7’ setback.
4. A 2’ variance, septic tank to crawl space, for an 8’ setback.
5. A 7’ variance to the new water service which will be sleeved, for a 3’ setback.
6. A 13’ variance to the local regulation requiring a 100’ setback to a wetland resource area for an 87’ setback.
Mr. McEntee stated that he is proposing a Singulair Model 960 with standard Arc 36 High Capacity Chambers as the Soil Absorption System.
Lucy Burton made a motion that the Board of Health approve the variances as requested for 52 Quaker Run Road for general use approval with standard quarterly testing for 2 years and that the septic permit is held until the fine of $500.00 is paid. 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: November 28, 2012.
Kalliope Egloff made a motion to approve the Public Session Minutes of November 28, 2012. Burton Kaplan seconded the motion. The motion was unanimously approved.
3. Request for 2013 Food Establishment License: Pickles (John Kesten).
Burton Kaplan commented that a request was submitted by John Kesten to operate a food establishment known as Pickles. Pickles will be open for breakfast and lunch.
Mr. Kaplan stated that Mr. Kesten has corrected all of the issues required prior to opening. The Board of Health and the Fire Department have performed all the necessary inspections; therefore, Chairman Kaplan gave approval to issue a Temporary Food Permit in order for Pickles to open prior to the Board of Health meeting of December 19, 2012.
John Kesten commented that he is planning on obtaining a catering license. The Catering License is considered a separate license with an additional fee.
Lucy Burton made a motion that the Board of Health approve the 2013 Food Establishment Permit for Pickles and also a 2013 Catering License pending the permit fee of $100.00 for the Catering License. Kalliope Egloff seconded the motion. The motion was unanimously approved.
4. Request for Reduction in Operation and Maintenance: 43 Little Neck Lane.
Burton Kaplan stated that a request for reduction of samplings has been submitted for 43 Little Neck Lane.
Mr. Kaplan commented that Glen Harrington suggested allowing the reduction to every 6 months with field testing of 4 particular items. If the effluent does not pass all of the field tests, then more samplings will be required.
Mr. Harrington stated that the unit should remain on, as it has been the Board’s policy that the systems stay on continuously. This mainly applies to homes that are used seasonally because testing is performed throughout the year.
Kalliope Egloff made a motion that the Board of Health approve the reduction in O & M to every 6 months for 43 Little Neck Lane with the four following field tests:
1. Visual examination of the effluent for color, turbidity and effluent solids.
2. Effluent pH to determine if the wastewater is between 6 and 9 standard units.
3. Dissolved oxygen, 2 mg/L or more, to ensure that the system is operating, and
4. Turbidity, less than or equal to 40 NTU.
Also, the unit should remain on year round at 43 Little Neck Lane, and if the effluent does not pass all of the field tests, then the operator will be required to collect a sample for laboratory analysis for total carbon, alkalinity, and total nitrogen from the distribution box. Lucy Burton seconded the motion. The motion was unanimously approved.
5. Overview of 2013 Renewal Applications.
Burton Kaplan stated that he was simply interested in who has not renewed their licenses and permits for the 2013 renewal year.
OLD BUSINESS
1. Health Agent’s Update: 53 Uncle Henry’s Road; 73 Highwood Way; The Fitness Company;
and Skittles (The Lanes).
A. 53 Uncle Henry’s Road: Glen Harrington commented that the owner is still within the 30 days, and nothing has been received as yet.
B. 73 Highwood Way: Mr. Harrington stated that the enforceable agreement has been completed and is on file. No further action will take place until the system is installed.
C. The Fitness Company: Glen Harrington stated that a certified letter was sent out recently to The Fitness Company for failure to appear before the Board of Health. As yet, there has been no response.
D. Skittles (The Lanes): Mr. Harrington commented that the menu has been submitted, and the $300.00 Food Establishment Permit fee has been paid. All that is required is a final inspection prior to opening.
ADDITIONAL TOPICS
Glen Harrington stated the he is completing the Capital Improvement Program, which is for anything over $25,000. The only item affecting the Board of Health would be the Landfill, which will remain the same and to be used to repair the landfill cap.
NEXT MEETING
The next meeting of the Board of Health is scheduled for Wednesday, January 9, 2013, at 7:00 PM. As there was no further business, the meeting was adjourned at 8:00 PM.
Respectfully submitted,
Frances Boulos
Administrative Assistant
Mashpee Board of Health
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