Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of February 27, 2013
Board Members Present: Members Absent: Also Present:
Kalliope Egloff, Co-Chair Burton Kaplan, Chairman Glen Harrington, Health Agent
Lucy Burton, Clerk
Co-Chair Kalliope Egloff called the meeting to order at 7:00 PM.
APPOINTMENTS
7:15 PM – Richard Kearney – O & M Violation – 429 Monomoscoy Road.
Glen Harrington stated that Richard Kearney was notified for failure to maintain an Operation and Maintenance Contract for the on-site FAST system. Mr. Kearney contacted Bob Fitzgerald, P.E., but Mr. Fitzgerald required more information before issuing Mr. Kearney a contract.
Kalliope Egloff commented that this will be placed on the next agenda to follow up on the progress.
Glen Harrington stated that all of the local Board of Health regulation requirements have been met. The Total Nitrogen samples have been taken. It was a matter of having a contract in place to have the once-a-year inspection per the Department of Environmental Protection protocol. Five years of monitoring have been performed, but Mr. Kearny did not realize the contract had lapsed.
Lucy Burton made a motion to continue this until March 13, 2013. Kalliope Egloff seconded the motion. The motion was unanimously approved.
7:20 PM – Matt Costa, Costa Associates – Local BOH Variance Request – 180 Ninigret Ave.
Glen Harrington requested floor plans from Matt Costa, Costa Associates, because there were conflicting plans. The Title V plan was designed for three bedrooms, but there is evidence in the file folder that it is a two-bedroom dwelling. Mr. Harrington did not find any information supporting three bedrooms. He would like to view the floor plans to determine what construction may have taken place in the house.
Kalliope Egloff stated that the variance request for 180 Ninigret Avenue be continued to the next Board of Health Meeting.
7:25 PM – Ralph & Gina Ventresco – Failed System/Non-Compliance – 56 Canonchet Ave.
Glen Harrington commented that he deemed this property in failure during a transfer property Title V inspection on April 9, 2008. Mr. Ventresco was notified by fax that an engineered plan was required and that an upgrade could take place once he acquired the property from the bank. Capewide Enterprises and Peter McEntee were involved with performing test holes on June 19, 2008. Nothing took place for quite a while so on September 28, 2012, another letter was sent to Mr. Ventresco notifying him that more than two years have lapsed, and the upgrade of the septic system needed to be done. Mr. Harrington was informed by Mr. Ventresco that there is a tenant living at the property. Mr. Harrington would like to move forward and have the system repaired since it was observed it in failure.
Mr. Harrington stated that according to the letter sent on September 12, 2012, design plans were to be submitted within 30 days, and if there are any Conservation Commission requirements, then the system would have to be installed 45 days from receipt of the Order of Conditions. Engineered plans have not been received as yet.
Ralph Ventresco of 56 Canonchet Avenue introduced himself to the Board.
Mr. Ventresco stated that he responded to the notices that he received from the Board of Health. Mr. Ventresco hired Capewide Enterprises. When the percolation test was performed in 2008, it was determined that there was a great deal of clay. In 1985 the test pit was performed in the front of the house, and from the paperwork it perked well. The front of the house was on higher ground, and the back slopes down. Once Capewide Enterprises informed Mr. Ventresco that it did not perc well, the quote doubled. At that time Conservation was involved because the property was in the 100-foot buffer.
Ralph Ventresco informed Capewide Enterprises that he did not have the resources to install the system. Mr. Ventresco also was not aware of the Septic Loan Program. Therefore, nothing took place.
When Mr. Ventresco received the second letter from the Board of Health this past summer, he hired Michael Labute to proceed with the engineering work, and at that time he also learned about the Loan Program. Barnstable County Septic Loan Program informed Mr. Ventresco that funds would not be released to Michael Labute. Mr. Ventresco commented that he received a bid and quote from Michael Labute to do the work, but he was at a standstill again.
Ralph Ventresco is requesting that the tank be tested again since there have been no backups, no odor, and no slow drains. Mr. Ventresco stated that he does not know if the leaching area was ever inspected because there is a tool shed on the pit. Glen Harrington commented that a corner of the shed over the leaching area was dug up and exposed.
Glen Harrington stated that the Soil Absorption System was observed to have black solids coating the stone, and it was in hydraulic failure. The water was not moving enough to where the black staining above the outlets on the distribution box and the tank meant that the liquid level was constantly above the tops of those components. Once a system is deemed failed for a property transfer and the Board of Health observes the failure, the decision cannot be reversed.
Kalliope Egloff commented that the system was required to be repaired when it was discovered in failure during the Title V inspection of the property. Also, the close proximity to John’s Pond impaired the water quality with nitrogen remediation.
Ralph Ventresco stated that he will repair the system. However, Mr. Ventresco has had financial difficulty and also a couple of road blocks which slowed down the process.
Glen Harrington suggested that installing a pump chamber would lift up the system into better soils. Mr. Harrington commented that if the soil is better in the front of the house and there is space, the engineer would be able to help with the design for the installation of the system.
Kalliope Egloff stated to have engineered plans submitted by March 13, 2013, to the Board of Health and to the Conservation Commission.
Lucy Burton recommends a $100.00 fine in place of the $500.00 for failing to comply. Ms. Burton would like to keep the $100.00 a day fine if the March 13, 2013, deadline is missed.
Kalliope Egloff made a motion that the Board of Health reduce the recommended $500.00 fine to $100.00 for failing to comply with Title V for five years. Keep in place the $100.00 a day fine until the plan is submitted. If the plan is submitted within the time frame of March 13, 2013, then the daily fine will be waived otherwise the homeowner will be fined $100 a day. 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: February 13, 2013.
The Board members made corrections to the February 13, 2013, Minutes. Approval of the corrected Board of Health February 13, 2013, Minutes was continued until the next Board of Health meeting with a full Board in attendance.
OLD BUSINESS
1. Title V Variance – Revised Plans: 75 Monahansett Road.
Glen Harrington commented that the Title V repair plan for 75 Monahansett Road was presented at the previous meeting. The Board of Health continued the variance request based upon the fact that there was no denitrification unit shown on the plan. This is typically the mitigation for the wetland variance being less than 100 feet to the border of vegetated wetlands. Jeff Ryther of BSS Design was given the opportunity to revise the plan, and a new plan was submitted.
Jeff Ryther of BSS Design introduced himself to the Board.
Mr. Ryther commented that he was able to narrow down the Soil Absorption System to 7.8 feet using standard 500 gallon leaching chambers, which allow a deeper side wall in the calculations. Therefore, the system was moved up to the road layout line with a variance of 10 feet from the lot line. This allows the system to be 100 feet from the wetlands. The septic tank was also moved away from the cellar wall reducing that variance.
Jeff Ryther stated that in lieu of cutting down a grove of oak trees, he choose to sleeve the water service and is requesting a 6-foot variance from the Soil Absorption System.
Mr. Ryther commented that the outdoor shower will be converted into a rinsing station by removing the shower walls.
Lucy Burton stated that the front street-side property line will need to be staked prior to the installation of the Soil Absorption System so that the system remains on the property.
Lucy Burton made a motion that the Board of Health approve the variances as requested for 75 Monahansett Road as submitted with the condition to stake the front street-side property line. Kalliope Egloff seconded the motion. The motion was unanimously approved.
ADDITIONAL TOPICS
None.
DISCUSSION
1. Indoor Tanning.
Lucy Burton commented that she is in favor of the Town of Brewster Tanning Regulation. However, Ms. Burton noticed that there was no enforcement regulation for indoor tanning and feels that this should be addressed. Ms. Burton is fond of the idea that no one under the age of 15 years can tan, and anyone between 15 and 18 years of age must have written informed consent by a parent or guardian, witnessed by a medical doctor.
Kalliope Egloff also approves of the Town of Brewster Tanning Regulation. Ms. Egloff stated that she would like the consent form to be signed by a licensed United States medical doctor as well as the parent or guardian.
Ms. Egloff suggested attending other Board of Health meetings across Cape Cod expressing the dangers of tanning and having a universal consent form and regulations for indoor tanning.
Ms. Egloff proposed placing information together to have a marketing education campaign and submit it to the public raising the consciousness of the tanning salon potential health risks.
2. Medical Marijuana.
Mr. Harrington distributed to the Board members a handout on “An Act for The Humanitarian Medical Use of Marijuana”. Cheryl Sbarra, the only attorney for the Massachusetts Association of Health Boards, has reviewed and commented on the use of medical marijuana. Ms. Sbarra advises for many of the other towns. Mr. Harrington felt that her reviews and comments are paramount to have.
Mr. Harrington stated that growing marijuana will be extremely widespread where one person can grow for up to five people.
3. Follow-up: Baypoint LLC; The Fitness Company; Upper Cape Helping Hands;
53 Uncle Henry’s Road; new “Thai” restaurant.
A.) Baypoint LLC:
Glen Harrington commented that he spoke to Brian Dudley from the Massachusetts Department of Environmental Protection to determine if the Board could take any action or if it was in conflict with Title V and the Department of Environmental Protection approval for the piloting technology for the condominium complex septic system. If there is to be any change in the monitoring, then Stuart Bornstein and Holly Management need to formerly request any changes through the Department of Environmental Protection in Boston because they issued the approval letter for the technology.
Lucy Burton stated that the quarterly inspections are to be maintained, and the Board’s suggestion of reducing to annually based on occupancy cannot be done until Mr. Bornstein formerly makes a request in writing to the Department of Environmental Protection in Boston.
Ms. Burton suggested issuing a timeline for obtaining a contract and for the first quarterly report.
Glen Harrington stated that once Mr. Bornstein formerly submits to the Department of Environmental Protection, the Department of Environmental Protection’s response timeline may be in conflict with the Board of Health’s timeframe. The Department of Environmental Protection has the right to take enforcement action against Mr. Bornstein, since he is requesting relief from monitoring but nothing has been maintained since the installation.
Mr. Harrington suggested setting a 2-week or a 30-day timeframe to get a response from the Department of Environmental Protection. The Department of Environmental Protection may give some direction to the Board of Health so that the Board can further make any motions.
Kalliope Egloff suggested setting a timeline for Mr. Bornstein to send a request to the Department of Environmental Protection so that the Board of Health can be notified by Dana Hill from the Boston office when this does occur.
Kalliope Egloff made a motion that by March 27, 2013, the Board of Health receive notification from the Boston Department of Environmental Protection that a letter was received from Baypoint LLC requesting relief. Lucy Burton seconded the motion. The motion was unanimously approved.
B.) The Fitness Company:
Glen Harrington commented that he does not have anything more for discussion on The Fitness Company.
Kalliope Egloff continued discussion on The Fitness Company to the next Board of Health meeting.
C.) Upper Cape Helping Hands:
Glen Harrington spoke to Lynda Carroll, and she stated that they are no longer using the warehouse facility and are no longer operating in the Town of Mashpee. Mr. Harrington tried to contact Paul Cunningham, Executive Chef at Willowbend but was unable to get in touch with him. Mr. Harrington is interested in the condition of the warehouse.
D.) 53 Uncle Henry’s Road:
Glen Harrington stated that as he was researching this property, he discovered new information. Mr. Harrington commented that this property, along with the adjoining property, was permitted at the same time. The foundations and septics were installed at the same time, but the houses were constructed at different times. The foundations and septics were installed to keep the three-bedroom grandfathering. The denitrification systems were required to be installed because of public health reasons not nitrogen loading issues. Once the wells were tied into town water, there was no necessity for the denitrification systems. The houses were completed and occupied several years after the wells were tied into town water. If the Board of Health had knowledge of the wells being tied into town water, the denitrification systems would not have been
required.
Kalliope Egloff commented that the issues at 53 Uncle Henry’s Road and 30 Nick Trail (formerly 55 Uncle Henry’s Road) are very complicated or can be incredibly simple. Based on the historical data and Glen Harrington’s recommendations, Ms. Egloff is inclined to keep it simple because the requirement was not actually needed.
Glen Harrington commented that at the last meeting Burton Kaplan made a motion to take no action, but with no second motion.
Lucy Burton agreed with Ms. Egloff to keep the situation simple. Ms. Burton and Ms. Egloff discussed Mr. Harrington’s recommendation of fining the homeowner for non-compliance of failing to install the denitrification systems. Financially, the fine is less of a burden than installing a denitrification system.
Glen Harrington stated that the plan was approved in 1999. The approval is valid for three years with a one-time one-year extension for both properties. The permit was issued October 28, 1999, and expired October 28, 2002, and with the one-year extension the expiration was October 28, 2003. The systems for both properties were completed by the end of the permit period with the extension. The septic installers received payment for installing the components: the septic tank, the distribution box, and the leaching facility. The technologies were actually purchased by the owner, but were installed by the FAST companies. Since these are FAST systems, Waste Water Treatment Services required that the owner purchase the system directly. Waste Water Treatment Services will not issue a contract unless a system is purchased. A contract was submitted to
the Board of Health for these properties, but Waste Water Treatment Services claims there is no record of this transaction.
Ms. Egloff commented that the owner could have thought that the system was purchased and installed with a contract. Whatever decision is made by the Board, Ms. Egloff commented that this would set precedence.
Mr. Harrington requested that the Board of Health only make a motion for 53 Uncle Henry‘s Road since a formal notice was not made against 30 Nick Trail (formerly 55 Uncle Henry’s Road), which may have a different owner.
Lucy Burton made a motion for 53 Uncle Henry’s Road that the Board of Health issue a one-time $500.00 fine due to the non-compliance of failing to install the denitrification unit. Also, the Board of Health will rescind the variances that were issued from October 28, 1999. Kalliope Egloff seconded the motion. The motion was unanimously approved.
E.) New “Thai” Restaurant:
Glen Harrington stated that the new Thai restaurant in Deer Crossing is called Bangkok Thai Cuisine. The contractor and the owner will be in on Thursday, February 28, 2013, to submit plans. It is located where Michael’s and Soprano’s were once situated. Mr. Harrington commented that the kitchen is to the left of the front of the building with its own entrance and exit.
Mr. Harrington spoke to the owner because he was looking for more seats. He informed the owner to get in touch with the engineer, Matthew Eddy of Baxter Nye Engineering, because he did the septic design. Mr. Harrington wants a letter from the engineer stating that the septic capacity is large enough to handle the additional seats. Mr. Harrington commented that each of the buildings has its own individual systems. Any increase in seating, Title V states a septic inspection is required along with a letter from an engineer or a sanitarian stating that the septic can handle the volume.
The old Sopranos septic flow for this unit was 50 seats and 11 bar seats. The bar seats are 20 gallons a day, and the seats for food service are 35 gallons day per seat. An additional 6 restaurant seats and 4 bar seats are being proposed with an increase of 70 gallons per day. The septic inspection has been performed, and Mr. Harrington feels that the septic can handle it since the numbers are close enough.
Glen Harrington commented that there will be one three-bay sink, a hand sink in the bar, a hand sink that is in a location in the kitchen that will not be blocked, and the mop sink on the end. Mr. Harrington may request a divider to prevent the mop water from splashing into the hand sink. Otherwise, Mr. Harrington feels the layout is fine.
Mr. Harrington commented that with the previous establishments the door in the kitchen was always left open during the summer because it gets hot while cooking. Mr. Harrington will request that a permanent screen door or an air curtain be installed.
Kalliope Egloff questioned if there would be outdoor seating. Glen Harrington stated that there is no outdoor seating proposed. It would have to be a separate approval.
Mr. Harrington stated that a Food Service Application, a menu, a ServSafe Certificate, and an Allergy Awareness Certificate are required for submittal prior to opening.
NEXT MEETING
The next meeting of the Board of Health is scheduled for Wednesday, March 13, 2013, at 7:00 PM. As there was no further business, Lucy Burton made a motion to adjourn the Public Session Meeting of the Board of Health at 8:43 PM. Kalliope Egloff seconded the motion. The motion was unanimously approved.
Respectfully submitted,
Frances Boulos
Administrative Assistant
Mashpee Board of Health
Attachments
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