5/25/2011 BOARD OF HEALTH Minutes

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i r *! Town Mas e of e ` + f' _ y ti in F _ - 6 Great Neck Road N. Mashpee, Massachusetts 02649 BOARD of HEALTH - PUBLIC SESSION Mays pee Town Hard —conference Room 3 Minutes of the Meeting of Wednesday,y, M y 2 , 2011 Board Members Present; Also Present: Kalliope Egloff, Chairm n Glen Harrington, Health Agent Lucy Burton, Co-chairman Burton Kaplan, clerk Chairman Kallio a Egloff called the meeting to order at 00 PM. APPOINTMENTS :1 —Steven Hynes—333 Monomoscoy Road— Potable Well Permit Glen Harrington reviewed the background of the case, stating that-on 2107/11 the Board of Health approved a septic installation permit for the Habitat for Humanity at 24 Russell Load. In order for the Habitat for Humanity to build a dwelling on the property, the Wests, owners of 26 RussellRoad, subdivided their property to make a new lot—24 Mussell Road. Glen Harrington stated that according to Torn Planner Torn Fudala, the new property was created and approved by the Planning Board with an "Approval Not Required" A plan on August 4, 2010. On 4107/11, the BOH approved a potable well permit based upon a plan prepared by Chris Costa &Associates. The plan did not indicate the septic or the property at 24 Russell Toad. The BOH staff did not realize that,24 Fussell.Road was a direct abutter to the Drell location. The Habitat for Humanity Building Department notified the BOH that the well was installed too close to the septic at 2 Fussell Toad, and the Zoning Board held up a decision because of it. Glen Harrington stated that the BOH order le#fer dated 5112111 was reviewed by Town counsel and then sunt out. The Order Letterpoints out that the septic system at 24 Fussell Road was approved and pernitted on February 7, 2011. The site plan for the potable well on 333 Monomosc y Road was received by the BOH on April 7, 2011, and did identify septic systems searing several parcels in theeneral neighborhood of 333 Monomoscoy Road but failed to note the previously permitted septic system f t 24 Fussell Load. The Order Lefter states that, based upon the above facts, the issuance of the permit for the potable well on 333 Monomoscoy Road was premised upon materially inaccurate information, and in consideration of all currently known circumstances, the potable well application failed to comport with State and local regulations pertaining to the site of potable wells. If the well was installed as proposed, it is located less than 25 feet i.e., 15 feet) from the permitted septic system at 24 Bussell load'. Therefore, the well cannot be maintained or used, even for irrigation purposes, without obtaining a variance from the BOH and the Mate Department of Environmental Protection. The Order Letter states that in recognition of the above facts, Mr. Hynds is ordered, pursuant to 310 CM R 15.211, to immediately Lely cease and desist use of the well until it is either removed or a variance is granted permitting its use for irrigation purposes only.