Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of January 23, 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 7:02 PM.
APPOINTMENTS
7:15 PM – Robert & Linda Ellsworth – Operation & Maintenance Violation – 69 Palmer Road.
Glen Harrington commented that he spoke to Waste Water Treatment Services, and the homeowners have paid for the contract. The Ellsworths are in compliance, but Mr. Harrington is waiting for a copy of the signed contract.
7:25 PM – Melissa Chandler – Operation & Maintenance Violation – 306 Monomoscoy Road.
Glen Harrington stated that Ms. Chandler is in compliance and has submitted the contract. The homeowner recently purchased the property and did not realize it had an alternative system. Once Melissa Chandler received notification of non-compliance, an Operation and Maintenance Contract was obtained.
7:35 PM – Stuart Bornstein – BOH Decision – BayPoint LLC.
Stuart Bornstein of Baypoint LLC introduced himself to the Board.
Mr. Bornstein commented that there is a Ruck System in the condominium complex. Mr. Bornstein discussed the matter with an agent from the Department of Environmental Protection in Lakeville. Mr. Bornstein informed him that there are only two occupied units with little activity. There is very little water usage and feels does not need monitoring.
Mr. Bornstein stated that there are 24 units, five of which have been sold, and two are occupied on a year round basis. The emergency generator, pumps, and lights are working in the tank, but there is no water usage. Mr. Bornstein is requesting a waiver from the Board since there is no flow.
Glen Harrington commented that he spoke to Tim Santos, designer and professional engineer for Holmes and McGrath. Mr. Santos informed Mr. Harrington that it would not damage the system, but the system is not working at its optimal performance. No one has returned to observe or inspect the system and make any adjustments to have it operate in conjunction with the low flow. At the moment the flows are set for 5200 gallons per day, which is the capacity of the system.
Stuart Bornstein stated that there is a maintenance person that lifts the covers of the system and checks for any issues. Mr. Bornstein commented that if the alarms to the system sound off the alarm company would be alerted. Depending on the type of emergency, the alarm company would contact the appropriate agency. If it is the septic system, the alarm company would contact Tom Quinn, who resides in the condominium complex.
Lucy Burton feels that since a motion was made on December 19, 2012, requiring an annual inspection because of the lack of residents, nothing less than the annual inspection should be performed. In Ms. Burton’s opinion having a licensed waste water treatment operator to inspect and make any adjustments once a year is not asking too much.
Glen Harrington stated that this is a Piloting System, a new technology that requires considerable attention and testing. This system requires monthly inspections for the first 18 months.
Kalliope Egloff commented that she would like to see a log of the inspections and an annual inspection by a licensed waste water treatment operator.
Burton Kaplan feels that because the initial requirement of the contract for 18 months of sampling was not met, Mr. Kaplan suggested that Mr. Bornstein obtain a new contract for the maintenance of the system.
The Board agreed to leave the motion from the December 19, 2012, meeting as is and that Glen Harrington contact Brian Dudley of the Department of Environmental Protection to receive his input and recommendation on monthly, quarterly, annual testing and sampling, retaining a log book, and sale vs. occupancy.
The Board would like to discuss this further at the next Board of Health meeting.
7:45 PM – Nadine Neal – Appeal of Late Fee for Solid Waste Hauling Permit – 3 Sixty Property Management.
Burton Kaplan stated that 3 Sixty Property Management has paid the fine and is now in compliance.
NEW BUSINESS
1. Sign Warrants. None.
2. Review/Approve BOH Public Session Minutes: January 9, 2013.
Burton Kaplan commented that the Board of Health Public Session Minutes of January 9, 2013, will be deferred to the next scheduled meeting.
OLD BUSINESS
Mark Jennings – 24 Spoondrift Way.
Attorney Joe Cavanaugh, representing Mark Jennings of 24 Spoondrift Way, introduced himself to the Board.
Attorney Cavanaugh commented that he is present as a follow up to the last meeting of January 9, 2013. The matters at hand are the inspection report which inadvertently was neglected for submittal to the Board at the last meeting. The Deed Restriction issue which the Board referred to Town Counsel. The letter from Attorney Cavanaugh requesting the Board to reconsider the fines implemented at the last meeting.
The Board gave Mr. Jennings 15 days to complete the septic inspection report. The inspection was performed, and a copy was filed with the Board of Health.
Attorney Cavanaugh commented that Pat Costello, Town Counsel, submitted his decision to the Mashpee Board of Health concerning the Deed Restriction.
The third issue is Attorney Cavanaugh’s request for the Board to reconsider and to revoke the fines implemented against Mr. Jennings. Joe Cavanaugh submitted a list of items supporting his request. Mr. Jennings had a misunderstanding with his contractor who he had attempted to secure to perform these services. Mr. Jennings efforts to obtain counsel when he was notified in late July were delayed. Mark Jennings did not receive the certified letter that was mailed on September 11, 2012, for almost a month later, and at that time retained Attorney Cavanaugh.
Joe Cavanaugh stated that there is a financial hardship on Mr. and Mrs. Jennings and requests the Board to reconsider the fines. Mr. Jennings is semi-retired, and Mrs. Jennings is also retired and disabled. Mr. Jennings teaches at a college and is earning a degree towards his Master’s Degree. Their combined income is not very much.
Lucy Burton commented that the contracts and the inspection have been completed and in compliance. When it comes to a hardship, the Board is very understanding and generous.
Lucy Burton made a motion that the Board of Health waive the fines issued against 24 Spoondrift Way. Kalliope Egloff seconded the motion. The motion was unanimously approved.
Glen Harrington stated that the discussion with Town Counsel was the information provided by Mr. Jennings through Attorney Cavanaugh including the floor plans. Town Counsel was impressed that the Jennings still have the original documents. Attorney Costello commented that the folding partition in the room created two rooms and the definition of single family homes is a presumption of having 3 bedrooms. At this point Attorney Costello feels it is best to leave it as three bedrooms.
Burton Kaplan has suggested that Town Counsel provide a written opinion of his recommendations for 24 Spoondrift Way.
In regards to the July 25, 2012, motion made by the Board of Health to enact a Deed Restriction on 24 Spoondrift Way to restrict the property to a two-bedroom dwelling, Kalliope Egloff made a motion to rescind that portion of the motion. Lucy Burton seconded the motion. The motion was unanimously approved.
ADDITIONAL TOPICS
None.
DISCUSSION
1. Indoor Tanning.
Burton Kaplan commented that indoor tanning was discussed at the last meeting with further protection of the young adults who have a desire to experience tanning. Kalliope Egloff suggested that it would be best on a regional basis rather than town by town. Glen Harrington emailed the surrounding towns, two of which were not interested. The Town of Bourne will present it to their Board for comment.
Lucy Burton commented she would like to continue some discussion on indoor tanning. It could have an impact especially with teenagers.
Glen Harrington will correspond with the health agents before the next Health Agents Coalition Meeting and receive their input on indoor tanning.
Burton Kaplan suggested further discussion of indoor tanning at the next Board of Health meeting.
2. Medical Marijuana.
Glen Harrington stated that he provided all the information he received to the Board. He also forwarded the information to the Planning Board and to the Town Manager since it was a topic of discussion on their agenda.
Mr. Harrington commented that one of the discussions at the Health Agents Coalition Meeting is that if there is any new information everyone should share it immediately because this is a learning process and a hot topic.
Lucy Burton suggested that all the Boards discuss medical marijuana, and everyone should stay in touch with each other, Barnstable County Department of Health and Environment, the Coalition, and Chief Collins so that no one is working independently.
Ms. Burton commented that medical marijuana was voted in by the people of the Commonwealth of Massachusetts for a reason. There are those that do have a legitimate medical need, rather than restricting the use.
3. Follow-Up: 52 Quaker Run Road; 53 Uncle Henry’s Road; The Fitness Company; The Lanes; License Renewal Updates (Non-Renewals).
A.) 52 Quaker Run Road – Glen Harrington commented that the owners were fined $500 for not installing their septic system in a timely basis. Thomas Analetto was required to hire an engineer within a specific time frame and neglected to do so. Mr. Analetto paid the fine and does have time to install the septic system.
B.) 53 Uncle Henry’s Road – Mr. Harrington stated that Steven Lewis and Gina Rosetti constructed a house in 2003. No Operation and Maintenance Agreement has been in place since 2005. The Board gave the owners 30 days to obtain a contract—quarterly for two years and total nitrogen obtained from the distribution box. Mr. Harrington stated that they have not provided anything and are over the 30 days. Glen Harrington will issue a letter for condemnation of the property and to appear before the Board.
C.) The Fitness Company – Mr. Harrington commented that The Fitness Company was fined $100 for failing to submit their Allergen Awareness Certificate. They have not paid the fine, nor have they paid for their 2013 Food Establishment License. A show cause letter for revocation and suspension of their license and having them appear before the Board will be issued.
D.) The Lanes – Mr. Harrington does not have any comments.
E.) License Renewal Updates (Non-Renewals) – Glen Harrington commented that The Fitness Company and Upper Cape Helping Hands have not renewed their 2013 Food Establishment Permits. A letter to appear before the Board will be forwarded to Lynda Carroll of Upper Cape Helping Hands.
NEXT MEETING
The next meeting of the Board of Health is scheduled for Wednesday February 13, 2013, at 7:00 PM. As there was no further business, the meeting was adjourned at 8:17 PM.
Respectfully submitted,
Frances Boulos
Administrative Assistant
Mashpee Board of Health
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