8/20/2015 BOARD OF HEALTH Minutes

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Town of Mashpee 9 r ph 16 Great Neck Road North Mashpee, Massachusetts 02649 BOARD OF HEALTH - PUBLIC SESSION Minutes of the Meeting of August 20, 2015 Board Members Present: Member Absent: Also Present: Burton Kaplan, Chairman Kalliope Egloff, Co -Chair Glen Harrington, Health Agent Lucy Burton, Clerk Chairman Burton Kaplan called the meeting to order at 7:06 PM. APPOINTMENTS 7:15 PM — Matt Costa, Cape & Islands Engineering -- Title V Variances — 31 Amy Brown Road. Glen Harrington commented that the Board of Health previously approved the plan for 31 Amy Brown Road; however, the abutters contacted the Board of Health office stating that they never received the meeting notice. Therefore, Mr. Harrington requested the engineer to re -notify the abutters for public comment during a regularly scheduled meeting. The Board approved the proposed septic system with the conditions of a lifetime Operations and Maintenance Agreement and sampling according to the Department of Environmental Protection Approval Letter. The property was subdivided 'in 1981. The 150 -foot requirement was promulgated in 1985, so the subdivision of land could not take into account the Board's larger requirement of the 150 -foot radius from a potable well. The Board has approved many new construction lots under the auspices that the State minimum of 100 feet be used where the lots pre-existed the 150 -foot requirement without a denitrification system as a condition of the variance approval. That makes this variance a 10 -foot request not a 60 -foot request. The abutting lots were held to the new 150 -foot requirement as they were built after the regulation date. The placement of the abutting wells in compliance with the regulations makes this lot out-of-compllance. Therefore, a variance is required. In order to meet the requirements of approval of a variance, two items are necessary: manifest injustice or hardship, which it does, and equal environmental/public health protection. The addition of the Busse system meets the requirement for additional protection of the environment and public health. The Department of Environmental Protection allows the Busse system to discharge directly to a distribution box and Soil Absorption System. This design includes a septic tank where additional anaerobic digestion will take place. Mr. Harrington feels that the variance approval requirements are met. The denitrification system is still required due to the 150 -foot coastal bank requirement that is not met for new construction. Harris Moore of 37 Amy Brown Road, an abutter, introduced himself to the Board. Mr. Moore commented that the plans were presented to them by the engineer, Matt Costa of Cape & Islands Engineering, about thirteen months ago. Mr. Moore did not understand several aspects of the plan and contacted Glen Harrington. Mr. Moore remarked that he and the other abutter, Mr. and Mrs. Koslow, never received notice of a meeting taking place on April 16, 2015.