Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of January 9, 2013
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 – Marc and June Levy – O & M Violations – 16 Fells Circle.
Marc Levy, of 16 Fells Circle, introduced himself to the Board.
Glen Harrington stated that the system was installed in December 2007 and is a Singulair System. The old house was demolished, and a new dwelling was constructed. Conservation required a denitrification unit. Initially, there was a contract with Siegmund Environmental on September 1, 2007, and that expired on August 21, 2009. Mr. Harrington stated that the Carmody database maintained by Barnstable County showed three passing samples. The last sampling event was on November 5, 2009. Glen Harrington commented that there was no new contract and that 5 more quarterly samples are required.
Mr. Levy stated that for the first 3 years the house was used sparingly, and Mr. Levy felt that $1,500 a year was a great deal of money to take 4 samples when no one was living in the house. Now, Mr. and Mrs. Levy are occupying the house year round. Mr. Levy commented that not all maintenance companies test the Singulair System and many of them are not local.
Lucy Burton commented that Mr. Levy is to provide the Board of Health with a contract within 30 days. If the contract is not received in that time frame, the fines will be retroactive for $350 per missed testing event.
Lucy Burton made a motion that for 16 Fells Circle a new contract for quarterly testing for two years and annual testing after the two years by a certified wastewater treatment operator be submitted to the Board of Health within 30 days. If the signed contract is not received within 30 days, the retroactive fines of $350 per missed event, which is 5 missed events, will apply. Kalliope Egloff seconded the motion. The motion was unanimously approved.
7:25 PM – Mark Jennings – BOH Decision – 24 Spoondrift Way.
Attorney Joe Cavanaugh, representing Mark Jennings of 24 Spoondrift Way, introduced himself to the Board.
Attorney Cavanaugh commented that some information will be provided according to the September 11, 2012, letter that was sent to Mark Jennings. In 2009 one test was completed, and the report was submitted to the Board.
Glen Harrington commented that one test of the Sludgehammer unit, the ultra-violet light, was performed. It does not mean that a septic inspection of the entire system was conducted by a state certified septic inspector. This is to determine the condition of the entire system.
Attorney Cavanaugh viewed the septic inspection as a request for the sampling, which a December sample had been obtained.
Joe Cavanaugh has a fully executed copy of the proposal from Enviro-Tech. Mr. Cavanaugh reformatted the contract to perform quarterly testing for each criteria for two years from the period of the most recent testing which would have been the December testing. The December testing meets the total nitrogen and the fecal coli form requirements.
Lucy Burton stated that in the motion made in July 2012 a list of items needed to be completed within 30 days. If the Board stayed within the time frame, the house would have been condemned. Ms. Burton feels that 30 days would be overly generous.
Kalliope Egloff stated that there were other portions of the motion:
1. A septic inspection was to be performed within 30 days;
2. An Operation & Maintenance inspection by a Class II Wastewater Treatment Plant Operator was required within 30 days;
3. A Deed Restriction for 2 bedrooms was to be provided within 30 days;
4. Issue a fine for all missed Operation & Maintenance events;
5. If the above four issues are not provided, then place a Cease and Desist of the operation of the septic system and hold a hearing to condemn the dwelling.
Joe Cavanaugh stated that he would like the Board to reconsider the Deed Restriction. Attorney Cavanaugh has a number of documents to provide evidence that the dwelling has been recognized in the past and should continue to be recognized as a 3-bedroom home.
Veronica Warden evaluated the home on May 30, 2007. Ms. Warden stated on her inspection report that it is a two-bedroom dwelling. Ms. Warden noted that there is a partition dividing a room which creates each room to be less than 70 square feet. There are no building permits on file verifying that it is a three-bedroom dwelling. The only septic permit on file issued in 1963 states that it is a one-bedroom home.
Attorney Cavanaugh provided floor plans of the home that were designed in 1963 when the home was constructed.
Glen Harrington stated that the Board of Health does not have anything on file as far as floor plans. Mr. Harrington commented that if the assessor was able to inspect the interior of the house prior to 1995, it would have provided evidence on the number of bedrooms. The nitrogen loading restrictions, which are the one bedroom per 10,000 square foot restriction, were implemented in 1995. Also, building permits would be required to verify the assessor’s information. If the Architectural Review Committee in New Seabury was involved, then the same building plans would typically be submitted to the building department and used for permitting.
Attorney Cavanaugh provided documentation that a wooden partition was installed in the middle of the room. In order to accommodate the divider in that room to make it suitable for a two-bedroom style space, the foundation was extended. Attorney Cavanaugh also has the original building contract which references the space. It states that the space will be used to enlarge the guest bedroom, and a sliding partition will be installed vertical to the hallway so that the room can be divided into 2 separate rooms at an extra cost which was included in the price.
Glen Harrington stated that if the house is approved as a three bedroom, Title V states that two people per bedroom are allowed. Therefore, it would be six people. The way the house was designed and used was for a master bedroom for two people and another bedroom split for two individual people. The house was built for use by four on a full time capacity, not six. If it is approved as a three bedroom and demolished, then it can be constructed as a three bedroom with the capacity of 2 people per bedroom. This increases the use.
Burton Kaplan stated that this matter may be an appropriate issue for Town Counsel’s opinion. Mr. Kaplan would like to leave the fine of $3,900 in place until the matter is resolved.
Mark Jennings has submitted documentation of a three-bedroom home that the Board of Health has not been privy to. Kalliope Egloff commented that Town Counsel review the information and continue discussion at the next Board of Health meeting.
Ms. Egloff stated that two of the other three issues have been met, and the fine should be paid. The fine is for the 13 missed quarterly and annual sampling events dating back to 2007.
Lucy Burton made a motion that for 24 Spoondrift Way the Board of Health receive the outstanding fine of $3,900 and the septic inspection by January 23, 2013, or more fines will be accrued. Kalliope Egloff seconded the motion. The motion was unanimously approved.
Lucy Burton made a motion that for 24 Spoondrift Way the issue of the number of bedrooms and Deed Restriction be discussed with Town Counsel and therefore, continue this item. Kalliope Egloff seconded the motion. The motion was unanimously approved.
7:35 PM – Cheryl LaPorte – Title V Variance – 559 Cotuit Road.
Cheryl LaPorte, owner of 559 Cotuit Road, introduced herself to the Board.
Ms. LaPorte is requesting a variance to allow the septic tank, which is greater than 30 years old, to remain during the property transfer. The septic inspection, performed by Chad Hathaway, passed except for the age of the tank. Cheryl LaPorte commented that the existing deck covers about 60% of the septic tank. Ms. LaPorte is proposing a 5’ x 8’ extension to the deck over the tank prohibiting any potential damage.
Glen Harrington suggested that a building permit be obtained to construct the deck. The Building Department has specific requirements for installing the footings.
Burton Kaplan commented that no deck supports shall be on the tank, and there should be a hatchway in the deck to gain access to the tank to inspect and pump.
Cheryl LaPorte commented that there is a hatchway for the inlet and will install a hatchway for the outlet.
Kalliope Egloff made a motion that the Board of Health allow a 5’ x 8’ deck expansion at 559 Cotuit Road with the conditions that there are no deck supports on the tank, access hatchways should be provided in the deck to pump and inspect the inlet and outlet manholes of the tank, the septic tank and system shall be inspected at the next transfer of the property, and a building permit shall be obtained to inspect the deck. Lucy Burton 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: December 19, 2012.
Kalliope Egloff made a motion to approve the Public Session Minutes of December 19, 2012, as amended. Lucy Burton seconded the motion. The motion was unanimously approved.
ADDITIONAL TOPICS
None.
DISCUSSION
1. Indoor Tanning.
Lucy Burton commented that she would like to discuss the current state regulations and the Board’s consideration on indoor tanning. Ms. Burton feels that the statistics are truly frightening especially with those under the age of 35 having a 75 percent higher risk of developing melanoma by indoor tanning. Ms. Burton would like to minimize the use of indoor tanning to prevent melanoma.
Ms. Burton commented that there are certain skin conditions such as psoriasis that doctors may prescribe indoor tanning UV light. Ms. Burton understands that people can obtain Vitamin D from indoor tanning, but from what Ms. Burton understands it is no more or no less than taking a Vitamin D capsule or going outside. The numbers of teenage and young adults using indoor tanning are staggering. Teenagers have easy access to tanning facilities. Enforcing the use of tanning for minors is difficult.
Burton Kaplan would like to place the discussion of indoor tanning on the next agenda. Mr. Kaplan agreed with Kalliope Egloff that a regional approach may be more effective.
Lucy Burton commented that once more information is available, tanning salons will be invited to a public meeting to participate with their opinions.
2. Annual Tonnage from the Transfer Station.
Discussion did not take place on this subject.
3. Falmouth and Trash Negotiations with Bourne.
Glen Harrington commented that the only reference to Falmouth and Bourne is the article from the Mashpee Enterprise.
Burton Kaplan stated that Bourne is a landfill, and SEMASS is an incinerator. The waste disposal revolves around the cost.
Kalliope Egloff commented that if the waste disposal goes to Bourne, it is not environmentally friendly. If the waste disposal is sent to SEMASS, it is turned into electricity. Then it is turned into ash, which is land filled at Bourne. Ms. Egloff commented that if people were concerned financially, they would be recycling more, composting more, and paying 85% less than they do now.
Glen Harrington stated that Mashpee’s Recycling Committee would like a by-law that requires recycling. Town Counsel informed Mr. Harrington that a petition article would need to be provided for Town Meeting.
Kalliope Egloff commented that Catherine Laurent from the Mashpee Department of Public Works received a grant from the Department of Environmental Protection to study Pay As You Throw, or DEP would like to call it Save As You Throw. Some towns have to pay to dispose of recycling.
4. Follow-up: Baypoint LLC; 52 Quaker Run Road; 53 Uncle Henry’s Road; Fitness Company for Women; The Lanes; and License Renewal Updates (Non-Renewals).
A.) Baypoint LLC – Mr. Bornstein has submitted a letter requesting an appearance at the next Board meeting. Glen Harrington will contact the manufacturer, Tim Santos of Holmes and McGrath for an opinion on the annual testing of the Ruck System at Baypoint.
B.) 52 Quaker Run Road – Glen Harrington stated that he has not been contacted by Mr. Analetto. This was the property with a cesspool that was flowing down the bank. Peter McEntee designed a plan. It was a one bedroom cottage. Mr. Analetto was fined $500 for not complying within the time frames and as yet has not obtained a permit. Mr. Harrington commented that Mr. Analetto does have a little more time to pay the fine.
C.) 53 Uncle Henry’s Road – Mr. Harrington commented that this property was an Innovative Alternative System violation where no monitoring was performed for three years. A contract was to be submitted within 30 days, and nothing has been received.
D.) The Fitness Company – Glen Harrington stated that their Tanning Renewal Application has been received, but the fines have not been paid. Also, they have not renewed their Food Establishment Renewal Application for the year 2013. Mr. Harrington feels that The Fitness Company should appear before the Board.
E.) The Lanes – Burton Kaplan commented that The Lanes has opened.
F.) License Renewal Updates (Non-Renewals) – Glen Harrington stated that Bagel Haven has closed permanently. Mr. Harrington commented that Wicked Fire Kissed Pizza has renewed and paid for their Food Establishment Permit. Mr. Harrington mentioned that the trash hauler, 3 Sixty Property Management, paid for their Trash Hauler License but would like to appear before the Board for relief of paying double fees. Glen Harrington stated that Upper Cape Helping Hands is the food pantry in Mashpee and has not submitted an application or a fee. The three outstanding tanning facilities were sent letters to pay for their renewal application within 7 days, or they will receive a Cease and Desist.
NEXT MEETING
The next meeting of the Board of Health is scheduled for Wednesday, January 23, 2013, at 7:00 PM. As there was no further business, the meeting was adjourned at 9:02 PM.
Respectfully submitted,
Frances Boulos
Administrative Assistant
Mashpee Board of Health
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