HomeMy WebLinkAboutMinutes - BoH - 05/21/2019 APPROVED
COHASSET BOARD OF HEALTH MINUTES
DATE: TUESDAY, May 21, 2019
TIME: 6:30 P.M.
PLACE: COHASSET TOWN HALL—Board of Health Conference Room
41 HIGHLAND AVENUE, COHASSET, MA 02025
Board Members Present: Public Health Agent:
Robin Lawrence, DDS, MPH, Chairman Pam Fahey, MPH
Lynn Doxey, MPH,Vice Chair Field Engineer
Michael Pollastri, PhD, Clerk Jason Federico
Recording Secretary: Public Health Nurse:
Amy Davis Mary Goodwin, RN
6:30 P.M. Meeting called to order
6:31 P.M. Approve Minutes from April 23, 2019 Meeting
MOTIONED BY: Dr. Pollastri
SECONDED BY: Dr. Lawrence
6:32 P.M. Set Next Meeting Date Tuesday June 18, 2019 at 6: P.M.
6:33 P.M. Approve the Warrant Members signed the warrant for 4/23/19 to 5/21/19
6:34 P.M. Public Health Agent Report for March & May 2019
March Report:
Food:
• Ms. Fahey met with Pierre Prat and conducted a preliminary inspection at Atlantica/Olde Salt
House.The restaurant will have old equipment removed or repaired;the restaurant interiors will have a
thorough, deep cleaning; and floors, coving and ceiling tiles will be fixed or replaced.Atlantica installed a new
roof and repaired all units on roof.The patio at the Old Salt House cannot be used until the wall is repaired. A
general store will be opening at the old Red Lion Bakery. Ms. Fahey walked through noting some repairs that
needed to be done.The store will be selling deli sandwiches, ice-cream, beer&wine, etc.
• Lenny's Hideaway would like to have outdoor seating in the patio area outside their building on
Stage Coach Way. Ms. Fahey doesn't think outdoor seating would be possible on the patio due to zoning
issues and the patio itself is unsafe. Lenny's Hideaway also asked about a roof top deck.
• Brian McLaughlin, Seabird Cafe, is interested in opening a beer garden in the basement of 12
Parkingway.
Septic:
• The approved plans for 400 CJC are likely still applicable, but will still need to be reviewed by Town
Counsel.Jason Federico has confirmed that the system was overdesigned and the capacity will be sufficient
for the proposed use that includes 20 residential units over a medical office.
APPROVED
• The septic system at 380 CJC (Cohasset Plaza) may have been pumped for the 5th time (today) since
last April. Per Title 5, more than four pump outs in a year qualifies as a failing system. Pumping records are
needed for confirmation.
• Letters were sent out to the property owners and manager of As Dairy Hut and to the homeowners
at 355 Atlantic Avenue as reminders to upgrade cesspools.JJs, had agreed to add a float and alarm system
and to pump during and after the ice cream season.The Atlantic Avenue homeowners were ordered to fully
connect to sewer and abandon the cesspool before June V. Inspections are required for both locations to
verify work has been completed as requested.
Bodyworks/Massage:
• Ms. Fahey visited AnKang Massage and White Lotus Day Spa to inform the establishments of the
new Cohasset Bodyworks regulations and to explain the permitting process. Lily from AnKang will be bringing
by applications and information this week. White Lotus, however, is under investigation by both the Cohasset
Police Department and by the Mass Department of Public Health (DPH). Lotus Day Spa is not properly
licensed for massage. Christopher Lee was planning to do an inspection and include the CPD.
Harborview Nursing Home Closure:
• Mary Goodwin, Deputy Fire Chief John Dockray, and Ms. Fahey visited Harborview in early March
after receiving disturbing emails that the facility was in financial crisis and on the verge of running out of linens
and briefs. A meeting was held with the facility administrator assurances were made that critical items would
be available and that the facility was in fact closing. Since then, Ms. Goodwin and Ms. Fahey have checked in
with the administrator once a week to make sure that the closure process is proceeding as planned.This office
has received a copy of their Intent to Close and Closure Plan as required by DPH.A public hearing with DPH will
be held as required by law.
May Report:
Food:
• Atlantica has been replacing and repairing equipment in the kitchen area,dining areas, HVAC system,
bathrooms, and undergoing a deep cleaning.Atlantica is planning on opening Memorial Day Weekend.
Septic:
• 355 Atlantic Avenue homeowner with a cesspool adjacent to Sandy Beach has not responded to
certified mail sent by the Board of Health but, has responded to Bob Egan to say that the connection to the
cesspool is being discontinued and re-routed to the public sewer line as requested. Ms. Fahey left a message
on the homeowner's cell phone last week and is still seeking confirmation that the cesspool was removed.
• 25 Tad Lane Ms. Fahey wrote a letter on behalf of the Board following the last meeting indicating
that the Board of Health (BOH) agreed to allow the existing septic system to serve the sewage disposal needs
for the home located at 25 Tad Lane based on (1)the great distance between the public sewer line and the
home (approximately 600 feet) which could potentially make connecting cost prohibitive and (2) an
acceptable Title 5 Inspection of the existing septic system completed on June 22, 2018.The BOH agreed to
allow continued use of the existing system contingent upon written approval from the Cohasset Sewer
Commission. The Commissioner followed with a letter indicating that connecting to sewer was infeasible at
this location.
Beaches& Pools:
• Ms. Fahey conducted the annual inspection at Avalon pool which will open on Memorial Day
weekend. DPH has informed us that beach testing season will run from June 101h to August 301h this year. Ms.
Fahey requested that CSCR collect Sandy Beach samples during high tide this year and Bassings Beach
samples from a location in the harbor rather that from the dock to try to minimize beach closings this season.
APPROVED
Bodyworks/Massage:
• White Lotus Day Spa is officially closed.
Tobacco•
• The BOH permitted six establishments in Cohasset in 2019 to sell tobacco products. Safe Harbor will
use a student volunteer to conduct compliance checks for selling tobacco to underage teens. This will be
coordinated with Cohasset PD.
6:40 P.M. Public Health Nurse Report for February&April
February Report:
• Ms. Goodwin is getting ready for the Recreation Fair on Sunday March 24th.
• Ms. Goodwin attended a meeting with the Cohasset Cares team consisting of Cohasset Fire
Department,Cohasset Elder Affairs and volunteers to discuss the current program,different ways to market
the program, services provided, and how to improve the program.
• Ms. Goodwin attended the southeast chapter meeting of Mass. Assoc. of Public Health Nurses in
Canton.The speaker presented "Sepsis in the Elderly".
• Curaleaf, Hanover, MA., a medical marijuana dispensary made an excellent presentation on the
benefits of using cannabis(marijuana)for medicinal purposes at Willcutt Commons on March 13th. Medical
science supports the use of cannabis as an analgesic painkiller, an antiemetic, an anti-inflammatory, a
muscle relaxant and a sedative. It is also known to help people with digestive problems and may be effective
as an alternative to traditional drugs for chronic pain. Curaleaf's mission is to develop safe, effective, and
innovative marijuana products.The presentation was well received by the community. Many residents were
interested in CBD oil.The Board questioned the licensing of Curaleaf. Ms.Goodwin explained Curaleaf is not
licensed as a pharmacy, it is licensed by the State, and is not regulated by the federal FDA. Ms. Goodwin
encouraged residents at the presentation to notify their physicians if they planned to use medicinal
marijuana.
April Report:
• A presentation was held at Willcutt Commons, "Tick Talk" by Blake Dinius, Plymouth County
Mosquito Control. Mr. Dinius discussed the life cycle of the tick, ways to prevent tick bites, various bug
repellents and options for back yard spraying
• Ms. Goodwin made 2 home visits with Captain Forde as part of Cohasset Cares. Safety
assessments were done; smoke detectors and carbon monoxide detectors were supplied to residents.
• Attended the public hearing held by Mass Dept. of Public Health in regards to the closing of
Harborview Nursing Home. Nursing home placed all residents and is now closed.
6:45 P.M. Hearing 380 Chief Justice Cushing Highway Septic
In attendance to discuss this agenda item: Jeff De Lisi,Ohrenberger, De Lisi& Harris, LLP;Jack O'Leary,engineer
from Vertex Company; Bob Silva, Septic Preservation Services.Amy Kwesell, KID Law,Town Counsel for the Town
of Cohasset
Mr. De Lisi stated that his client Donald Staszko, owner of 380 CJC Highway, received a Letter dated April 24,
2019 from Pamela Fahey indicating that the septic system is failed by the Board of Health per Title 5. Mr.Staszko
responded immediately and contacted Jack O'Leary to retain his services to investigate the septic system to
ascertain the cause of the major releases into the parking lot. Ms. Fahey received a video for a December 2018
Christmas Eve incident and personally observed another release in April 2019. Ms. Fahey reviewed a timeline for
the issues with 380 CJC Highway septic system for the Board.
APPROVED
• The system first came on the radar in August 2018 when Ms. Fahey received a call from the Fire Department
due to a chemical release of acidic fumes coming from two extremely hot d-boxes on the property. Ms.
Fahey tested the areas around the d-boxes the next morning with pH test strips which showed high levels
of acid.
• In March 2019 it was reported to Ms. Fahey that chemicals were witnessed being poured into the d-boxes.
The BOH received pictures of the property owner sitting in a truck while liquid from a drum marked
hydrogen peroxide was being poured into the d- boxes.
• MassDEP is involved and is investigating the chemical releases by the Strikeforce Division. The Title 5
Division is looking into whether the plaza should have a groundwater discharge permit for the 2 existing
and one proposed septic systems at 380-400 CJC.
• The 380 CJC system is in failure due to being pumped five times within a year and from sewage overflows
which are automatic failures under Title 5 regulations.
Mr. De Lisi said Mr.Staszko is scheduled to meet with MassDEP next week about the chemicals that were released
and he is only here to discuss the overflow not the chemical release. Dr. Lawrence thinks the two issues overlap
and should be discussed.
Mr. O'Leary reviewed plans to the Board showing where the different systems are located.Stop and Shop has its
own system. The Feng Shui building septic system is located out in front of Feng Shui. The system consists of 2
grease traps, a septic tank, a pump chamber and 2 series of leaching trenches each with their own d-box. The
pump chamber is set up to alternatively dose the series of trenches.The pump has conventional floats so when
the pump chamber fills the first time one field is dosed when it fills up again the other field is dosed. It gives one
field a rest after it is dosed and goes back and forth. Mr. Staszko gave Mr. De Lisi two electric bills from Multi-
state Electric dated 12/30/18&4/30/19.The invoice dated 12/30/18 describes how the electrician found a fuse
blown that controls the pump to the d-box causing the pump to fail. Mr. O'Leary stated this caused the system
to not be able to alternate between chambers.The invoice dated 4/30/2019 describes the electrician found the
shut off float stuck in the pump. Mr. O'Leary confirmed with the Board that repairs have not been done at this
time. Dr. Lawrence questioned why it is taking so long to repair the system, being it has been 5 months since the
initial out break and 2 months since the last?
The 380 CJC system was installed in late 1987, it is 40 years old. Mr. De Lisi would like to mitigate these issues by
repairing the items the electrician has identified. Then, to aggressively treat the system in a manner consistent
with Mr.Silva and monitor the system to verify that it is working properly. Mr.O'Leary and Ms. Fahey will inspect
the system to make sure it is not causing a public health issue. Dr. Lawrence still has concerns with what was
added to the system and agrees repairs should be made and then conduct a Title 5 with Ms. Fahey present. The
previous Title 5 conducted on October 2, 2018 did not have observation holes at the leaching field to determine
if there is enough separation between the bottom of the system and groundwater as required by local Cohasset
supplemental Title 5 regulations. Dr. Lawrence observed that of the three properties owned by Mr.Staszko, one
system is in failure at the 380 CJC HWY, Stop &Shop septic was installed in 1987 (40 years old), a new proposed
building is being built that was originally supposed to be retail only but, residential living has been added to the
design, why not design a wastewater disposal system to service all three?
Mr. O'Leary commented that it would make sense sometime in the future to put in sewer for the commercial
properties along CJC.Scituate wants to utilize the Hull wastewater treatment plant and would have to run a pipe
from North Scituate running along Route 3A through Cohasset to Hull. Dr. Lawrence is of the opinion that it is
unlikely for sewer to serve that area. Ms. Fahey explained the State may want to weigh in as well in terms of
APPROVED
whether to issue an order for a groundwater discharge permit for all three properties considering the time delay
for any proposed sewer project.
Mr. De Lisi mentioned Mr. Staszko was unable to attend the scheduled enforcement meeting with MassDEP to
address the addition of chemicals to the septic system. Mr.Staszko had an emergency and the meeting has been
rescheduled for next week.
Ms. Kwesell stated that 380 CJC system has failed per Title 5 under 15.303. It has met 2 of the requirements for
failure including pumping out more than 4 times in a year and the 2 witnessed sewage releases.As local approving
authority, the Board has discretion to insist upon a new system or to see if the system can be repaired. Ms.
Kwesell agrees with a full Title 5 inspection of the 40- year old system, however, is concerned with the lack of
definitive timing in terms of action to remediate the system.Considering the sewage releases pose a public health
threat,action cannot wait until the end of the summer;there must be progressive steps made every single month
so the Board is satisfied. The Board has the right as the local approving authority to order a new system be
installed if steps aren't being made in a timely manner. Ms. Fahey agreed with Ms. Kwesell and if a property
owner has 2 properties owned by the same owner with a total discharge greater than 10,000 gpd is required to
have a groundwater discharge permit for a wastewater treatment plant according to Title 5.The 380 CJC system
is designed for 7,250 gpd,the new proposed building is designed for 7,566 gpd,a combined total well over 10,000
gpd (close to 14,000 gpd).The discussion was continued.
7:25 P.M. 37 Riverview Drive Septic System Design Plan, Cavanaro Consulting
In attendance for this hearing: Brendan Sullivan, Cavanaro Consulting, Ken Pilczak, property owner
Materials used for this agenda item:
• Application for Disposal System Construction Permit dated 5/9/2019
• Title 5 soil analyses dated 4/15/209, date stamped 4/15/2019
• Septic System Upgrade Plan, prepared by Cavanaro Consulting, dated 5/3/2019 revised 5/16/2019, date
stamped 5/16/2019
The septic system at 37 Riverview Drive is in failure. The system is in the front yard of 33 Riverview Drive. The
system consists of a tank leading to an old leaching pit. Soil test pits showed loamy sand. Sieve analysis from
down deep in the test pit was all sand. A perc test couldn't be performed; the observation hole indicated that
there was 5.7 feet of separation to groundwater. Mr. Sullivan reviewed the purposed upgrade septic plan to the
Board. The system will be gravity with a MICROFAST 0.5 unit providing additional nitrogen removal because the
system is located within a 400 ft. buffer zone of a nitrogen sensitive area,the Aaron River.
MOTIONED BY: Dr. Lawrence moved to approve the septic design for 37 Riverview Drive
SECONDED BY: Dr. Pollastri
VOTE: 2-0
7:40 P.M. Continue discussion of 380 Chief Justice Cushing Highway
Bob Silva,Septic Preservation Services(SPS)spoke.SPS focuses on 3 things: biological remediation of failed septic
systems, design installation and maintenance of wastewater treatment plants. Troubled systems like this one
with high strength waste is not addressed by MassDEP.SPS looks at how it can reduce restaurant waste strength.
Mr. Silva thinks step one should be to do an evaluation to see if any components are not Title 5 compliant, get
the components and everything working the way it was designed to work, and analyze the waste flow strength.
The system passed Title 5 on 10/2/18, but the leaching field couldn't be looked at because there is no portal.This
time he would like to open the leaching field and take samples. Statistically the system is beyond its life
APPROVED
expectancy. Systems usually only last 20 years. Ms. Kwesell commented wouldn't it make sense to put in a
wastewater treatment plant?You have a failed system and about to put in a new system at 390 CJC so why spend
the money fixing a system when you could combine them? Ms. Kwesell emphasized to keep this on a fast track.
Dig up the parking lot and inspect leaching field within 2 weeks. The Board is requesting Mr. Staszko undertake
a timeline in regards to the septic system at 380 CJC HWY to keep progress on track. The Board would like bi-
weekly reports given to Ms. Fahey with the first report due on June 6, 2019 with the short and long term plan,
check in at the next Board of Health meeting scheduled for June 18, 2019, a Title 5 inspection with Ms. Fahey
present by August 31, 2019. If another sewage release occurs, the Board of Health needs to be informed
immediately.
MOTION BY: Dr. Pollastri
SECONDED BY: Dr. Lawrence
VOTE: 2-0
8:05 P.M. 143 Atlantic Avenue
Richard Henderson, Attorney, representing new property owners of 143 Atlantic Avenue had questions
regarding connecting to town sewer. Mr. Henderson drew up legal documents asking for a one year extension
to delay connecting to town sewer until 2020. The new owners have requested a one year delay to connect to
sewer given that the property has an operating septic system that has passed a Title 5 inspection which is
applicable for 2 years. The Board members agreed to allow the new property owners to wait until 2020 to
connect to sewer. The board did not vote as this was just a discussion. Ms. Fahey will sign the documents Mr.
Henderson submitted.
MOTION BY: Dr. Lawrence to adjourn meeting at 8:15 PM
SECONDED BY: Dr. Pollastri
VOTE: 2-0 MOTION CARRIED