Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of December 11, 2013
Board Members Present: Also Present:
Kalliope Egloff, Chair Glen Harrington, Health Agent
Lucy Burton, Co-Chair
Burton Kaplan, Clerk
Co-Chair Lucy Burton called the meeting to order at 7:04 PM.
APPOINTMENTS
7:15 PM – Public Hearing – Amended Regulation: 600 Gallons per Day Regulation.
The Board members and Glen Harrington discussed changes to the 600 Gallons per day Regulation. The following items were addressed:
- Change the 10 mg/L effluent requirement to 19 mg/L. The 19 mg/L TN requirement is less than the 25 mg/L that DEP requires for commercial systems. If we keep the discharge limit at 10 mg/L Total Nitrogen, then we force everyone to use Nitrex or Chromoglass which are two extremely expensive technologies (Nitrex actually is post-secondary treatment).
- Change the word “effluent” to some other sampling point after the technology (e.g. d-box). If we leave effluent then we have to require lysimeters in the soil below the leaching facility or do well testing which we know has been challenged.
- Include the wording of “secondary treatment” or “treatment” to a level of 10 mg/L Total Nitrogen.
- Add the Title V definition of “facility” so that the property includes common ownership of adjacent parcels. If we don’t, we have to enforce this lot by lot on condominiums.
Mr. Harrington will draft an amendment for the 600 gallons per day regulation incorporating the changes that were discussed and request opinions from George Heufelder of the Barnstable County Department of Health and Environment and Town Counsel.
7:25 PM – Public Hearing – Proposed Regulation: “Emergency Distribution Box Repairs”.
The Board members and Glen Harrington discussed the use of H-20 distribution boxes on emergency repairs. The code requires that the distribution box wall thickness be a minimum of 2 inches. The H-20 Distribution Boxes have a thickness of 3 inches, which last longer than the H-10 Distribution Boxes.
Lucy Burton made a motion that the Board of Health approve the Distribution Box Replacement Regulation including new distribution box installations. Burton Kaplan seconded the motion. The motion was unanimously approved.
NEW BUSINESS
1. Sign Expense Warrants. The Board members signed the expense warrants.
2. Review/Approve BOH Public Session Minutes: November 13, 2013.
Burton Kaplan made a motion that the Board of Health approve the Public Session minutes of November 13, 2013, as amended. Kalliope Egloff seconded the motion. The motion was unanimously approved.
3. Title V Variance: 17 Overlook Knoll Road.
Glen Harrington commented that the dwelling at 17 Overlook Knoll Road is a tear down/rebuild with the installation of a new septic system. The original proposed plan depicted a system which required variances because of the cellar wall of the proposed dwelling. The revised plan changed the cellar wall to a concrete slab adjusting the required setback from 20 feet to 10 feet. The proposed septic system is now in compliance with Title V other than a 5-foot distance to the property line.
Lucy Burton made a motion that the Board of Health approve the variance to the property line for 17 Overlook Knoll Road with the condition that the property line on Seaview Avenue is staked prior to construction. Burton Kaplan seconded the motion. The motion was unanimously approved.
4. Variance Request: 17 Trinity Place.
Lucy Burton stated that since the required documents for the variance request had not been submitted, 17 Trinity Place will be continued to the next Board of Health meeting scheduled on January 8, 2014.
5. Commercial Site and Sewage Plan Review and Approval: 117 Industrial Drive.
Attorney Mark Gildea, representing Kyle Bugg purchaser of 117 Industrial Drive, introduced himself to the Board.
Attorney Gildea commented that Mr. Bugg is purchasing vacant land at 117 Industrial Drive, currently owned by the Mashpee Economic Development & Industrial Corporation. Mr. Bugg currently operates Preventive Maintenance, an automotive repair shop, adjacent to this property. Mr. Bugg is proposing a 5100-square foot repair shop with a 720-square foot office. Holmes and McGrath has designed a conventional septic system that does not require variances for this property. The drainage plans and recycling of batteries, waste oil, oil filters, antifreeze, etc. will be compliant with the appropriate regulations.
Attorney Gildea remarked that Mr. Bugg needs more space due to increased business and does not intend to store automotive parts on the property to create a junkyard. The number of cars would be limited by virtue of other licensing requirements related to automobile repair and/or the garage license.
Kalliope Egloff stated that the owner is required to hire a hazardous waste vendor to recycle paint solvents and gasoline and that the owner needs to keep records on file.
Mr. Harrington suggested that a denitrification system be installed if additional buildings are to be constructed in the future. The leaching facility would need to be increased to accommodate the additional usage. If the property is to be expanded, more options would be available with a denitrification system.
The Board members, Mr. Harrington, and Attorney Gildea discussed the list of “Board of Health Requirements for Commercial Buildings” and amended the list for the property at 117 Industrial Drive (see below).
Kalliope Egloff made a motion that the Board of Health approve the Commercial Site and Septic Plan for 117 Industrial Drive with the following conditions from the “Board of Health Commercial Building Requirements” with the option of adding: “All changes in tenancy and/or use of each unit shall be approved by the Board of Health prior to issuance of a lease or sale of each unit”:
- Proposed drainage swales shall have subsurface MDC-type catch basins and leaching structures. The MDC catch basins shall be monitored yearly. An executed contract for servicing of the MDC-type catch basins shall be provided to the Board of Health prior to issuance of a Certificate of Occupancy.
- Material Safety Data Sheets (MSDS) shall be kept on premise in bound notebooks for all hazardous products. The MSDS shall be available for inspection by an agent of the Board of Health.
- Hazardous materials shall be limited in volume to 200 pounds dry weight and 220 gallons of liquid storage. Hazardous waste shall be limited according to 310 CMR 30.00, Massachusetts Hazardous Waste Regulations. Storage of hazardous materials outside is prohibited. An executed contract for the removal of hazardous waste from the facility by a licensed hazardous waste removal company shall be provided to the Board of Health prior to issuance of a Certificate of Occupancy.
- Board of Health regulations Part IX, section 5.00 requires the installation of the reserve area to be installed at the same time as the primary leaching area.
- Washing machines are prohibited on the property.
- Boat washing is considered industrial discharge and is prohibited on-site unless approved by the Board of Health.
Burton Kaplan seconded the motion. The motion was unanimously approved.
OLD BUSINESS
1. 87 Lighthouse Lane.
Glen Harrington commented that he contacted Kendall Ayers at Barnstable County Department of Health and Environment and was informed that Mr. and Mrs. Rivers have not applied for the Barnstable County Septic Loan Program. Mrs. Rivers had previously informed Mr. Harrington that she was waiting for her Social Security statement.
Mr. Harrington checked the Registry of Deeds website for a foreclosure deed on the property at 87 Lighthouse Lane. Since a foreclosure deed has not been recorded, the Rivers still own the house. The Board has the option to condemn the dwelling and to have the occupants removed within five days.
Mr. Harrington deemed the system had failed because of a septic inspection performed for a property transfer. All failures have to be verified by a Board of Health agent. The leach pit was full into the riser, but it did not break the surface of the ground.
The Board discussed several options that the Rivers could utilize until the septic system can be repaired.
Burton Kaplan made a motion that the Board of Health defer further action on 87 Lighthouse Lane until January 8, 2014. Kalliope Egloff seconded the motion. The motion was unanimously approved.
ADDITIONAL TOPICS
None.
DISCUSSION
1. Flu Clinic.
Glen Harrington commented that the Health Department held a Flu Clinic on December 3, 2013. There were 44 participants, and only one family requested the KI pills.
The Board discussed the possibility of conducting another Flu Clinic in the month of January using the remainder of the vaccine.
2. Proposed Fertilizer Regulation.
Glen Harrington remarked that he has all the information but has not prepared anything for this discussion.
Mr. Harrington received a copy of an email from Michael Talbot sent to the Environmental Oversight Committee members. It appears that the Environmental Oversight Committee members would like to assemble a by-law for the fertilizer regulation. Mr. Harrington inquired of Michael Talbot whether the proposed by-law would be presented at Town Meeting but has not received a response.
NEXT MEETING
The next meeting of the Board of Health is scheduled for Wednesday, January 8, 2014, at 7:00 PM. As there was no further business, Lucy Burton made a motion to adjourn the Public Session of the Board of Health at 8:40 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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