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MINUTES August 10, 2000 3 BOARD OF HEALTH <br /> Ms. Warden read a statement from Health Agent Elias McQuaid into the record: <br /> 1. The only formal written application before the Board of Health is an Application for a Disposal Works- <br /> Construction Permit (septic permit). This lot is in a Zone II --Title V Protection Area, thus limited to <br /> 440 gallons per acre or 660 with a denitrification system. Our local regulation, however, is more <br /> restrictive than Title V, it calls for a denitrification system (or a limit of 10 ppm of nitrogen) for any <br /> system of 600 gallons per day or greater. <br /> 2. The issue of permissible use of this property falls under the domain of the Building Inspector as the <br /> Town's Zoning Enforcement Officer, or, if necessary, the Zoning Board of Appeals, not the Board of <br /> Health, which generally speaking, regulates uses by the permissible size and type of septic system <br /> and the source of drinking water. An auto body repair shop in this zone IS NOT by RIGHT <br /> permissible (that's why we have a ZBA). It MAY be permitted IF a Special Permit is issued by the <br /> ZBA. Because this,lot also falls under Mashpee's Groundwater Protection District a Second Special <br /> Permit would require written comments from the Planning Board, the Conservation Commission, the <br /> Public Works Director and the Board of Health. It is in these comments that issues of potential <br /> groundwater contamination, noise and odor pollution, traffic congestion and neighborhood <br /> appropriateness ought to be addressed. This request from the ZBA for written comments either <br /> jointly from these departments or independently has not been made of the Board of Health and <br /> apparently neither at least of the Planning Department. <br /> 3. If the Board of Health is satisfied with an approves the septic plans for this lot tonight, I would be <br /> happy to forward our approval of the septic plans and draft other comments received tonight to the <br /> ZBA, if we receive a request for comments in writing from the ZBA, for your review and approval at <br /> our next meeting. I would in advance, and for the record, recommend, however, that the ZBA engage <br /> the services of town counsel in this matter. The determination as to permissible uses under our by- <br /> laws, the impact and compatibility of this particular proposed use on the neighboring properties is <br /> clearly an area where expertise is required. <br /> 4. Finally, the issuance of a Special Permit by the ZBA is not a guarantee that the applicant will receive <br /> a septic permit, a building permit or a use and occupancy permit, it is simply the first step in the <br /> permitting process for a use which otherwise would not be permitted. And as a matter of fact the <br /> Board of Health must endorse the above mentioned permits prior to their issuance. <br /> Mr. Ed Larkin of 5 Kettle Lane stated that he has a great deal of concern about the <br /> proposed project. <br /> Mr. Norman Zaruck of 11 Pacific Avenue gave a detailed description of the processes <br /> involved in the auto body putty business, the materials used and their chemical make- <br /> up. He stated his concerns about the suspected carcinogenic materials that are used <br /> in sanding, painting, puttying and spraying of vehicles in a body shop. He further <br /> stated that this type of business belongs in an industrial area, not a residential one. <br /> Mr. Zaruck then presented an unopened can of body putty to the Board members to <br /> demonstrate the odor from such a product, even from an unopened can. <br /> Mr. Larkin then stated, "Our concern, and I think you've heard a very knowledgeable <br /> and experienced presentation from Mr. Zaruch of some of the problems that can be <br /> created here, and I think as a Board of Health, it is incumbent upon you people to <br /> consider the health of... in the future there will be some two thousand people in this <br /> general vicinity and I think we ought to have some rights in this town. I'm a little tired <br /> of a certain Board in town granting special permits to anything and everything that <br /> seems to be going into this town. This unchecked commercial growth is ridiculous <br /> and it's got to stop somewhere and the citizens of this town have got to have some <br /> rights somewhere. We're talking about an awful lot of people and, as Mr. Zaruch says, <br /> people of primarily elderly age who are most susceptible'to problems that might occur <br /> from this project. So it seems to me as though the entire town, your Board included, <br /> should take a strong stand on this, and I believe you may have some discretionary <br /> powers to refer this to the Cape Cod Commission, and I don't care what anybody says <br />