5/21/2015 BOARD OF HEALTH Minutes

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Town of Mashpee 16 Great Neck Road Noah Mashpee, Massachusetts 02649 BOARD OF HEALTH -- PUBLIC SESSION Minutes of the Meeting of May 21, 2015 Board Members Present: Member Absent: Also Present: Lucy Burton, Chair Burton Kaplan, Co -Chair Glen Harrington, Health Agent Kalliope Egloff, Clerk Chair Lucy Burton called the meeting to order at 7:00 PM. APPOINTMENTS 7:15 PM -- Variance Request from Local BOH Cesspool Regulation -- 83 Clover Lane. Christopher Kirrane, Esquire, of Dunning, Kirrane, McNichols, and Garner, LLP, representing 83 Clover Lane, introduced himself to the Board. Attorney Kirrane commented that he is requesting a variance from the Board of Health's regulation to upgrade the cesspool at 83 Clover Lane to a Title V system prior to the transfer of the property. The purchaser of this property is planning to demolish and rebuild a new dwelling. The closing is planned for the end of June 2015. Paul Hanlon, prospective buyer for the property located at 83 Clover Lane, introduced himself to the Board. Mr. Hanlon will be signing the Purchase and Sale Agreement on Friday, May 22, 2015; the closing will be taking place on June 30, 2015; and during the summer he will reside at his property at 51 Popponesset Island Road. Therefore, the house at 83 Clover Lane will not be occupied during the summer. Mr. Hanlon plans to start construction by Labor Day. Lucy Burton stated that an Enforceable Agreement is required in similar situations. Timelines and uses of prior situations were provided to the Board by Mr. Harrington. The Board will review the timelines of previous Enforceable Agreements in order to remain consistent. Mr. Harrington commented that the new septic design plan must be approved prior to the endorsement of the building permit, and he also wants to review the engineered plans prior to the razing of the house. The septic permit must be issued before the building permit application is signed by the Health Agent. The dwelling at 83 Clover Lane cannot be occupied prior to the issuance of the Certificate of Occupancy. Kalliope Egloff made a motion that the Board of Health approve the variance request from the Board of Health Regulation "Upgrading of one or More Cesspools" for 83 Clover Lane with the conditions that the teardown for the property takes place within three months from the date of closing, which is estimated to be September 30, 2015; there should be no occupancy of the property within that timeframe; per the septic permit regulations all of the conditions for the septic permit shall be noted; the Enforceable Agreement shall be provided before July 11, 2015; and the septic design shall be approved by the Health Department before the teardown on September 30, 2015, including the engineering. Lucy Burton seconded the motion. The motion was unanimously approved. 7:20 PM — Commercial Site and Septic — 117 Industrial Drive.