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pF Mq <br /> w.. s Tobin of fftobpep <br /> or+ BOARD OF HEALTH <br /> ixc w° era 16 GREAT NECK ROAD NORTH <br /> MASHPEE, MASSACHUSETTS 02649 <br /> (508)539-1426 * Fax(508)477-0496 <br /> Public HeWth <br /> A°rda�uw�r'� <br /> Prevent. Promote. Protect. <br /> BOARD OF HEALTH— EXECUTIVE SESSION <br /> Mashpee Town Hall—Waquoit Meeting Room <br /> Minutes of the Meeting of February 3,2022 <br /> Board Members Present: Member Absent: Also Present: <br /> Brian Baumgaertel, Chair Ernest Virgilio, Vice-Chair Glen Harrington, Health Agent <br /> Kripani Patel, Clerk Christine Willander, Assistant Health <br /> Agent <br /> Chair Brian Baumgaertel called the Executive Session of the Mashpee Board of Health meeting <br /> on Thursday, February 3, 2022 to order at 8:18 PM to discuss the Board of Health appeal of DEP <br /> Title 5 approval of 100 Great Neck Road North. <br /> Chair Baumgaertel: We met last week and have some information and at that point we decided <br /> we wanted to have an opportunity to mull over some facts. Any new information? <br /> Mr. Harrington: No new information, they're waiting for us to make a decision. <br /> Chair Baumgaertel: I have put some thought into this and I've bounced of colleagues, mainly <br /> George Hoytfelder, a colleague of mine at the test center. I have known George for a long time, <br /> 13+years, certainly recognized in the field of Title 5 issues and he is also a member of the <br /> Falmouth Board of Health. He expressed surprise, disappoint at the decision by DEP not to <br /> require treatment at this facility given the situation with nitrogen removal requirements by DEP <br /> continuously coming down the line. He was particularly nonplused about was the contention <br /> by the presiding DEP officer that the BOH does not have standing in this particular issue <br /> because historically speaking the BOH has always had standing when it comes to treatment of <br /> waste and waste water in particular. I don't know where that leaves us. I think it sets a bit of a <br /> precedent because it is my understanding from his experience that this is fairly typical to make <br /> this sort of decision on this type of facility knowing that it's in a not officially designated in a <br /> nitrogen sensitive area, however, it has been included as part of an approved comprehensive <br /> wastewater management plan for the town. So it has been identified through that plan as an <br /> area being sensitive to nitrogen inputs. I think it should have been considered properly by the <br /> DEP and their approval of this system. It certainly sets precedent in other towns wherein if a <br />