Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of March 13, 2013
Board Members Present: Member Absent: Also Present:
Burton Kaplan, Chairman Lucy Burton, Clerk Glen Harrington, Health Agent
Kalliope Egloff, Co-Chair
Chairman Burton Kaplan called the meeting to order at 7:01 PM.
APPOINTMENTS
7:15 PM – Elizabeth St. Pierre – O & M Violation – 265 Monomoscoy Road.
Glen Harrington stated that he has spoken to Shawn McElroy, the newly hired operator for 265 Monomoscoy Road. Mr. McElroy will be inspecting the system and performing the necessary testing. However, he has not had the opportunity to give the owner a formal written contract. The owner has hired Mr. McElroy and approved the contract verbally.
Burton Kaplan has continued discussion of 265 Monomoscoy Road until the documentation has been provided.
7:20 PM – Kenneth Konikowski – O & M Violation – 95 Whippoorwill Circle.
Glen Harrington commented that he has received a written contract from Winston Steadman, All Cape Environmental Services, for 95 Whippoorwill Circle.
Burton Kaplan stated that no action is necessary for 95 Whippoorwill Circle since the agreement has been submitted.
7:25 PM – Matt Costa, Costa Associates – Local BOH Title V Variances – 180 Ninigret Avenue.
Matt Costa of Costa Associates, representing Mr. and Mrs. George H. Ryan, III of 180 Ninigret Avenue, introduced himself to the Board.
Mr. Costa is requesting two variances under the Local upgrade approval for the installation of a new 3-bedroom Title V septic system. Mr. Costa stated that the current system is in a failed state which is very deep and probably in groundwater. The first variance is under the Local Regulation for the 150-foot setback to surface water. Mr. Costa is requesting a variance of 32 feet. The second variance requested is the street line setback of 5 feet. The reason for this is that the system is being placed towards the street line in an effort to gain maximum compliance in order to maintain the distance to the wetlands.
Matt Costa commented that there is an existing well in use at the abutting property, 182 Ninigret Avenue. Mr. Costa stated that the well will be connected to town water before the septic system is installed.
Glen Harrington commented that the wetland variance is 100 feet not 150 feet. Distance maintained to the coastal bank is 150 feet. Therefore, the wetland variance will not be required.
Kalliope Egloff made a motion that the Board of Health approve the variance for 180 Ninigret Avenue with the following two conditions:
1. The abutter’s well must be connected to town water with a plumbing permit issued and signed
off prior to the issuance of a septic repair permit.
2. The front street-side property line shall be staked in the field prior to the installation of the Soil
Absorption System.
Burton Kaplan seconded the motion. The motion was unanimously approved.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Review and Approve BOH Public Session Minutes: February 13, 2013 and February 27, 2013.
Review and approval of the Board of Health minutes from February 13, 2013, and February 27, 2013, was continued to the next Board of Health meeting with full Board member attendance.
OLD BUSINESS
1. Richard Kearney – O & M Violation – 429 Monomoscoy Road.
Glen Harrington commented that the Board continued the hearing of 429 Monomoscoy Road because Mr. Harrington spoke with the owner and the potential operator, who was waiting for information from the owner. At that time no documentation was submitted. Now, two weeks have lapsed and nothing has occurred.
Kalliope Egloff suggested taking the Health Agent’s recommendation of fining the owner.
Kalliope Egloff made a motion that the Board of Health issue Richard Kearney of 429 Monomoscoy Road a $300.00 fine for the Innovative Alternative violation and the Operation & Maintenance Contract violation for the FAST System. Burton Kaplan seconded the motion. The motion was unanimously approved.
2. Ralph & Gina Ventresco – 56 Canonchet Avenue.
Glen Harrington stated that the Board required plans to be provided by this meeting, and the plans were submitted.
Mr. Harrington commented that the engineer, Peter McEntee, spoke to Drew McManus, the Conservation Agent, and no Conservation filing would be required since all the work will be performed outside of the wetlands.
After reviewing the plans for 56 Canonchet Avenue, Mr. Harrington’s comments are:
1. The pump chamber is to be sealed for water tightness because the pump chamber is in
groundwater.
2. An electrical permit is required for the pump and alarm installation.
Glen Harrington stated that the septic system is to be installed within 30 days of plan approval.
Kalliope Egloff suggested that the system be installed by April 10, 2013.
3. Baypoint, LLC.
Glen Harrington stated that a letter was sent to Baypoint, LLC to submit a formal written request to the Department of Environmental Protection in Boston for a reduction in the sampling. Mr. Harrington spoke with Stuart Bornstein of Baypoint, LLC and to Samantha Farrenkopf of Bennett Environmental. Mr. Bornstein had contacted Bennett Environmental when the Board of Health previously required the system to be inspected once a year. If Mr. Bornstein hires Bennett Environmental as the consultant, Ms. Farrenkopf may be able to assist Mr. Bornstein with a written request to the Department of Environmental Protection in Boston for the reduction of sampling.
Glen Harrington commented that the Board of Health set a time frame of March 27, 2013, for Baypoint, LLC to submit the letter to the Department of Environmental Protection in Boston requesting a reduction.
4. The Fitness Company.
Glen Harrington mentioned that a show cause letter was sent to The Fitness Company to appear before the Board of Health on March 27, 2013.
5. Upper Cape Helping Hands Food Pantry.
Mr. Harrington understands that Lynda Carroll has removed the food. However, this has not been confirmed. Ms. Carroll has been operating a food pantry since last year at the Episcopalian Church in Sandwich. Mr. Harrington feels the church is her primary location, but when Veronica Warden inspected the premises in Mashpee, some food was observed at this location. However, Mr. Harrington will confirm that the food has been removed by the next meeting.
6. 53 Uncle Henry’s Road.
Glen Harrington stated that the Board of Health fined the owner of 53 Uncle Henry’s Road $500.00 and rescinded the variance to the well so that the denitrification system does not have to be installed. Mr. Harrington tried to get in touch with the owner but as yet has not heard from him.
Mr. Harrington thinks that a family member owns the property next door at 30 Nick Trail (formerly known as 55 Uncle Henry’s Road), and he is hoping that the owner of 30 Nick Trail contact the Board of Health.
Mr. Harrington commented that the owner of 53 Uncle Henry’s Road still has time to pay the fine.
Burton Kaplan continued discussion on 53 Uncle Henry’s Road to the next Board of Health meeting.
7. Bangkok Thai Cuisine Restaurant.
Glen Harrington commented that part of the interior was demolished and renovated to change the area. The owner was originally looking for more seating, but he did not want to hire an engineer to determine if the septic has enough capacity. The Food Establishment Application has not been formerly submitted, but Mr. Harrington reviewed and approved the floor plan for the building permit application.
ADDITIONAL TOPICS
1. Burton Kaplan commented on Glen Harrington’s Board of Health Monthly Report. Mr. Kaplan stated that the list of 72 Innovative Alternative systems in non-compliance has almost been exhausted.
2. Mr. Kaplan expressed interest in the two fuel oil releases. One was for 60 gallons and the other for 100 gallons. Both properties are being cleaned up with state oversight.
Glen Harrington stated that state notification at the Department of Environmental Protection takes place after a fuel oil release. The first release was in the basement, and most of the fuel oil was contained to the basement. The second release was an above-ground tank outside on sandy soil. That leak ran the whole back of the house.
Mr. Harrington commented that a Licensed Site Professional is hired, and the Licensed Site Professional determines some corrective action. This corrective action has to be approved by the Department of Environmental Protection through the bureau of Waste Site Cleanup. The contaminated soil can be taken to Dennis to the asphalt batch plant to make asphalt.
3. Glen Harrington stated that the lines to the grease trap at Dunkin’ Donuts on Route 130 will be repaired on Friday, March 15, 2013. Dunkin’ Donuts cleared the initial blockage and are operating.
DISCUSSION
1. Indoor Tanning.
Kalliope Egloff commented that discounts for tanning are offered on the morning announcements at Mashpee High School. It may be part of a radio station that is piped in through the morning announcements at the high school. A discount is specifically offered to the high school students.
Glen Harrington commented that the School Health Advisory Committee is meeting on March 26, 2013. Mr. Harrington plans to attend the committee meeting to express the concerns of the Board of Health on indoor tanning.
Glen Harrington remarked that the Centers for Disease Control and Prevention state that there is a 75% risk of melanoma for people who tan prior to age 35. The risk is the same for those under the age of 18.
2. Medical Marijuana.
Burton Kaplan commented that the State of Massachusetts has ruled that the towns are within their rights to request a zoning moratorium. When the State issues its regulations, it is expected to provide guidance to the towns. Mr. Kaplan’s personal preference is to wait until the State renders a decision.
Glen Harrington commented that the Mashpee Planning Board is proposing a moratorium for medical marijuana. Mr. Harrington remarked that Massachusetts health regulators will present the first draft regulations for the use of medical marijuana on March 29, 2013, and the approval of the final regulations will be on May 8, 2013.
NEXT MEETING
The next meeting of the Board of Health is scheduled for Wednesday, March 27, 2013, at 7:00 PM. As there was no further business, Kalliope Egloff made a motion to adjourn the Public Session Meeting of the Board of Health at 7:43 PM. Burton Kaplan seconded the motion. The motion was unanimously approved.
Respectfully submitted,
Frances Boulos
Administrative Assistant
Mashpee Board of Health
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