Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of February 13, 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 – Jeff Ryther – Title V Variance – 75 Monahansett Road.
Jeff Ryther of BSS Design, representing Erin and Al Gogolin of 75 Monahansett Road, introduced himself to the Board.
Mr. Ryther commented that this property is in a vegetated wetland area with no water at the surface. This is a 3-bedroom one-story ranch on a small lot of 7,600 square feet. There is a cesspool in the rear of the property near the retaining wall. The plumbing will need to be reversed to install the system in the front yard.
Mr. Ryther is requesting four variances:
a.) A 6-foot variance from the proposed Soil Absorption System to the cellar wall.
b.) A 5-foot variance from the proposed septic tank to the cellar wall.
c.) A 5-foot variance from the proposed Soil Absorption System to the front property line of Monahansett
Road.
d.) A 9-foot variance from the proposed Soil Absorption System to the vegetated wetland.
Burton Kaplan commented that the outdoor shower appears to be connected to the cesspool in the rear of the property.
Glen Harrington stated that an ejector pump can be installed to pump the water to the front of the house or remove the walls to eliminate privacy and use the outdoor shower as a rinsing station.
Mr. Harrington commented that by moving the Soil Absorption System closer to the street sideline and design the system to be longer and narrower, the 100-foot setback can be maintained. Furthermore, the Board has always required a denitrification system for properties with less than 100 feet to the wetlands.
Lucy Burton made a motion that the Board of Health continue the variance request for 75 Monahansett Road. Kalliope Egloff seconded the motion. The motion was unanimously approved.
7:20 PM – John Slavinsky – Title V Variance – 16 Squaws Lane.
John Slavinsky of Cape and Islands Engineering, representing Jeff and Sheila Eydenberg of 16 Squaws Lane, introduced himself to the Board.
Mr. Slavinsky commented that this is a little cottage that will be torn down and reconstructed. A new septic system will be installed, and a 13-foot variance from the Soil Absorption System to the crawl space is requested. By installing flow diffusers a foot in depth is gained, which will use less fill. This increases the requested variance a bit, but it also averts the request for a variance against property lines.
Mr. Slavinsky stated that nothing is allowed in a crawl space located in a flood zone. Utilities cannot be below the base flood elevation. The floor must be at ground level and not below.
Mr. Slavinsky commented that there were two test holes. The first test hole passed, but the second test hole did not. There were trees, stumps and debris, which must all be removed.
John Slavinsky stated that the plan indicates two retaining walls, but it appears that drainage may be a problem. Therefore, a third retaining wall will need to be installed. Mr. Slavinsky commented that the retaining wall is required for the Soil Absorption System.
Glen Harrington suggested retaining the area around the septic system and not along the property line which will use less of a retaining wall.
Drainage is not allowed to flow into the street. There is no paved driveway, and it will all be landscaped. There will be a system for the roof runoff, probably trench drains along the foundation. Mr. Slavinsky proposed the installation of a trench drain across the entire frontage – 2 feet wide and 4 feet deep, which will prevent drainage into the street.
Kalliope Egloff made a motion that the Board of Health approve the variance at 16 Squaws Lane with the following conditions:
1. Property lines and corners to be marked prior to retaining wall construction.
2. The wall location is to be certified by a land surveyor.
3. The wall construction is to be certified by an engineer.
4. Groundwater and soils to be verified by the Health Agent prior to the installation of the Soil
Absorption System.
5. Installation of trench drains – 2 feet wide, 4 feet deep, and 82 feet long along the entire front of
the property.
6. A 13-foot variance from the Soil Absorption System to the crawl space.
7. A 14-foot variance from the reserve to the crawl space.
Lucy Burton seconded the motion. The motion was unanimously approved.
7:25 PM – Matt Costa – Local Variance Request – 180 Ninigret Avenue.
Burton Kaplan stated that the discussion of the request for variances on 180 Ninigret Avenue has been postponed.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Review/Approve BOH Public Session Minutes: January 9, 2013, and January 23, 2013.
Lucy Burton made a motion that the Board of Health approve the Public Session Minutes of January 9, 2013, as amended. Kalliope Egloff seconded the motion. The motion was unanimously approved.
Lucy Burton made a motion that the Board of Health approve the Public Session Minutes of January 23, 2013. Kalliope Egloff seconded the motion. The motion was unanimously approved.
ADDITIONAL TOPICS
Burton Kaplan commented that Glen Harrington completed a job well done on his first Board of Health Monthly Report.
DISCUSSION
1. Indoor Tanning.
Burton Kaplan commented that the Barnstable Chairman is in favor of the proposal for indoor tanning restrictions. Harwich has no regulations and prefers to use the state regulations. Wellfleet would adopt such a requirement, but at the moment there are no tanning salons in the town. Sandwich requires parental permission. The Bourne Chairman thinks it is a good idea. Falmouth prefers to follow the state regulation. Brewster has its own regulation stating that permission must be from the parents and a doctor.
Lucy Burton suggested obtaining a copy of Brewster’s indoor tanning regulation and fashion a regulation for Mashpee in a similar manner. Also, Ms. Burton recommended researching Brewster’s enforcement policy for those that abuse the regulation.
Burton Kaplan commented that discussion on indoor tanning be placed on the next agenda.
2. Medical Marijuana.
Burton Kaplan commented that the Board of Health is concerned with food and drink containing marijuana.
Kalliope Egloff agreed with Lucy Burton that the Board of Health should respect the wishes of the voters on the use of medical marijuana in addition to being mindful of the health regulation aspects.
Glen Harrington commented that the Mashpee Town Planner drafted a regulation on medical marijuana and submitted it to the Mashpee Planning Board. The Planning Board changed the document to extend the moratorium to 2015. This is not a prohibition. It is a moratorium to delay the regulation.
Lucy Burton stated that the discussion on medical marijuana should be kept on the agenda. Ms. Burton feels it is best to keep up on the educational curve of this discussion.
Burton Kaplan commented that the state of Massachusetts is working on the development of the regulations and are still researching the use of medical marijuana before making a definitive decision.
3. Follow-up: 69 Palmer Avenue; 16 Fells Circle; Baypoint LLC; The Fitness Company; Upper Cape Helping Hands; 24 Spoondrift Way; and 53 Uncle Henry’s Road.
A.) 69 Palmer Avenue – Glen Harrington commented that a signed contract has been received. Waste Water Treatment Services submitted a letter stating that the inspecting and testing agreement has been reinstated.
B.) 16 Fells Circle – Mr. Harrington stated that a signed contract with Bennett Environmental Associates has been received. No action on fines is necessary since the contract was submitted within the 30-day time frame.
C.) Baypoint LLC – Glen Harrington commented that he has not received a return call from Brian Dudley at the Department of Environmental Protection. Mr. Harrington stated that Stuart Bornstein has been provided with a list of Waste Water Treatment Plant operators that do the inspections.
Burton Kaplan stated to continue the discussion on Baypoint LLC.
D.) The Fitness Company – Mr. Harrington stated that the Food Establishment renewal application and fee have been submitted. However, the double fee and fine have not been paid.
Mr. Kaplan commented that The Fitness Company will remain on the agenda until this is resolved.
E.) Upper Cape Helping Hands – Glen Harrington commented that no Food Establishment renewal application has been received. Each time the Health Agents have gone to the food pantry during the posted business hours, it has been closed. Mr. Harrington will investigate this further.
Burton Kaplan commented that Upper Cape Helping Hands be kept on the agenda.
F.) 24 Spoondrift Way – Glen Harrington has not received a written opinion from Town Counsel concerning the three-bedroom issue.
Burton Kaplan commented to continue the discussion on 24 Spoondrift Way.
G.) 53 Uncle Henry’s Road – Glen Harrington stated that a letter of condemnation has not been sent. Mr. Harrington commented that Steven Lewis, owner of 53 Uncle Henry’s Road, appeared before the Board and planned on submitting a contract within 30 days. Mr. Harrington stated that the Innovative Alternative system has never been installed. It was never purchased from Waste Water Treatment Services, and it has never been inspected.
Mr. Harrington researched the reason for the Innovative Alternative system. The septic permit was issued in 1999 and was valid for three years with a one-year extension. The system was installed in 2003, and occupancy was granted in 2005. The 1999 plan that was approved shows a denitrification system.
Mr. Harrington stated that the Innovative Alternative System was required because there was a well at 52 Uncle Henry’s Road. This property was connected to town water in 2002. Mr. Harrington has searched for the exemption to not install the Innovative Alternative System but has been unable to locate any paperwork.
Kalliope Egloff feels that the owners should not be fined since they received occupancy from the Building Department. The “Request for Occupancy” checklist was never given to the Board of Health from the Building Department for the Health Agent’s final approval.
Lucy Burton commented that she would like to review the video from the December 19, 2012, meeting and place it on the agenda as a follow-up item.
Glen Harrington stated that he will investigate 55 Uncle Henry’s Road since this property and 53 Uncle Henry’s Road were constructed by the same people, and both required denitrification systems.
Burton Kaplan commented that discussion on 53 Uncle Henry’s Road be continued for the next meeting.
4. Falmouth-Bourne Trash Agreement – Burton Kaplan commented that Falmouth has signed the contract with Bourne for trash hauling. Mr. Kaplan would like to know where Mashpee stands. Mashpee does not have an agreement.
Kalliope Egloff believes that digging a hole and burying trash is not a very effective way of dealing with trash. Ms. Egloff feels that burying trash is not a proactive way of dealing with solid waste.
Ms. Egloff stated that the Bourne Landfill is being excavated with a large pyramid of waste in the middle of the Landfill. All of the recyclables are being removed and sifted out of the Landfill to create more room for trash.
Lucy Burton stated her concern that if all the towns take their trash to the Bourne Landfill, space will run out quickly.
Glen Harrington commented that the state enforces the waste ban, not the Board of Health. If the Board were to adopt the state regulation on waste ban, then it could be treated just like any other Board of Health regulation.
Kalliope Egloff questioned the fact that the Board of Health only regulates the solid waste through a trash hauler, and the Department of Public Works regulates the transfer station. There are two different waste streams that are monitored by two different departments in the Town of Mashpee.
Glen Harrington stated that commercial haulers are not allowed to use the transfer station. Increasing the tonnage of recyclables for commercial haulers so that they can use the transfer station for recycling was never accepted. The smaller trash haulers were allowed into the transfer station, but they only entered one time.
Mr. Harrington commented that mandatory recycling was only applicable to the trash haulers and not the transfer station. A town by-law for recycling would affect the entire town and would have to be adopted at Town Meeting in May or October.
5. Asher’s Path Landfill Monitoring Report – Burton Kaplan commented that Green Seal Environmental is recommending a voluntary continuation of quarterly monitoring of the soil-gas well probes and gas vents on the perimeter of the landfill.
Glen Harrington stated that it is mandatory and not voluntary.
Mr. Kaplan stated that Green Seal Environmental reported that dissolved arsenic exceeded the recommended levels. Arsenic is naturally occurring, and must be monitored according to the Department of Environmental Protection. Similarly, iron and manganese exceeded their levels. This is all for the same reason.
Kalliope Egloff feels the most disturbing item on the report is copper. Copper that is found in water bodies where there is aquatic life is super toxic. Copper is responsible for fish kills in the Mashpee River, which is also a herring run. Ms. Egloff would like to share this information, Page 5 of the Asher’s Path Landfill Environmental Monitoring Report: January 2013, with the Herring Warden and or the Conservation Commission.
Burton Kaplan would like to give a copy of this same report, specifically Page 7, to Catherine Laurent of the Mashpee Department of Public Works because of the woodchuck problems and a vent that needs repair.
NEXT MEETING
The next meeting of the Board of Health is scheduled for Wednesday, February 27, 2013, at 7:00 PM. As there was no further business, the meeting was adjourned at 8:55 PM.
Respectfully submitted,
Frances Boulos
Administrative Assistant
Mashpee Board of Health
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