4/29/2009 BOARD OF HEALTH Minutes

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i- TOWN OF MASE BOARD OF HEALTH — PUBLIC SESSION Minutes of the Meeting of Wednesday, ri I2009 Board Members ers Present: Also Present: Lucy Burton, Chairman Glen Harrington, Health Age Burton Kaplan, Co-ChairmanJUN 0 2 2009 Calliope Egloff, Clerk Chairman Lucy Burton called the meeting to order at 7:07 PIIS. BOARD OF ASSESSORS i OF MASHPEE APP011 TMEI TS 1 — Michael Bartolomeo - 23 spoondrift way--Title V O&M Violation Glen Harrington reported that the Bart lomeo's at 23 Spoondrift Way have satisfied the requirements for their Innovative Alternativ "Micro-FAST" denitrification unit as required according to 310 CM R 15.00 of the State En ironrnental code Title : Minirnut Requirements for the Subsurface Disposal of-Sanitary Sewage. NEIN BUSINESS 1, sign Warrants. There were no warrants. . Approve Public session Minutes: 3125109 and 4/15109 Burton Kaplan rade a motion to approve as corrected the minutes from the 3/25109 Pubic Session, and the 15109 Public Session. Kalliope Egloff seconded the motion. All approved. f Letter from sea Oaks Condominium Representative re: septic Inspection Failures Glen Harrington reported on the receipt of a letter dated 10127198 from Ms. Peg Thompson, Property Man ger for the sea Oaks Cond om i n i u m at 195 Falmouth Road. Nis. Thompson reported in her letter that the septic system that services Sea Oaks Condominium Building 17 had been inspected and the inspection indicated that the system was considered "failed'. Glen Harrington stated that he responded to Mils. Thompson in a letter dated 12/01/08 stating that due to the design flow being above 19,000 gallons per day for the entire condominium property, the Mashpee Board of Health does not have jurisdiction over the septic/sewer requirements, and that the DEP has Jurisdiction in accordance with the Groundwater Permitting Program (314 CMR 5.00). Glen Harrington stated that he directed Ms. Thompson to contact Mr. Brian Dudley of the Water Pollution Control section of DEP in the Hyannis office to effect repair of the failed septic systems and ultimate compliance with the Groundwater Permitting Program. Glen Harrington stated further that there is a piece of legislation known as Section 148 of the Acts of 1996 that is in conflict with 314 CMR 5.00 and Title V. The Act exempts condominiums in existence prior to 1995 to comply with 31.4 CMR 5.00, and Sea Oaks was constructed circa 1984. The Ilashpee BOH has not determined which b'ody of law tabes precedence and has been complying with the DEP request to forward all septic repairs of properties that are over 10,000 gdp to DEP. In a letter to,the Board of Health from Thomas Moriarty of Marcus, Errico, Earner Brooks: P.C., counsel to the Board of Trustees of the Sea Oaks Condorninibm Trust: Mr.