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Board of Health Minutes 05/12/05
TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING

Minutes of the Meeting of Thursday, May 12, 2005

Board Members Present:                  Also Present:
L. Glenn Santos , Co-Chairman                   Glen Harrington, Health Agent
Steven Ball, Clerk                              Veronica Warden, Assistant Health Agent


Glenn Santos called the meeting to order at 7:04 PM.

NEW BUSINESS
Sign Warrants – The warrants were signed by the Board members.

Approval of Minutes.
Minutes from the Board of Health Executive Session of January 6, 2005, and the minutes from the Board of Health Public Meeting on 1/20/05 are still in litigation.  Approval of these minutes will be continued.

Steven Ball moved that the minutes from the Board of Health meeting held on 4/14/05 be approved.  Glenn Santos seconded the motion.  All approved

Steve Ball moved that the minutes from the Board of Health meeting held on 4/28/05 be approved.  Glenn Santos seconded the motion.  All approved.

Reorganization of the Board of Health.
Glenn Santos moved that reorganization of the Board of Health be placed on the agenda.  Steven Ball seconded the motion.  All approved.

Glenn Santos stated that the Board of Health is a three-member Board.  With the recent resignation of MaryRose Grady from the Board, there are currently just two members.  The Board of Selectmen will be appointing a third member in the near future.  As the Board is a three-member board, and two members are in attendance, a quorum is present.

Glenn Santos moved that Steven Ball be nominated as co-chairman of the Board.  Mr. Ball seconded the motion.  All approved.

Steven Ball moved that Glenn Santos be nominated as chairman of the Board.  Glenn Santos seconded the motion.  All approved.

New Food Establishment Permit:  Smitty’s Ice Cream, Mashpee Commons.
Richard Smith is opening Smitty’s Ice Cream, a new food establishment at 10 Central Square, Mashpee Commons, and has applied for a food establishment permit.  The store was formerly called The Inside Scoop.  He is requesting a catering license as well because of the many events that are held at Mashpee Commons.  He will do a pre-opening inspection next week, and a final pre-opening inspection the day before Memorial Day weekend.

Mr. Smith plans to sell pre-packaged items as well as fresh ice cream.  Glen Harrington stated that Mr. Smith has provided the BOH with a copy of his safe-serve certificate.  Mr. Smith also has another ice cream store in Falmouth.   The question was raised by Glen Harrington as to whether there should be a second certified safe-serve staff person at the store, since Mr. Smith has two stores and undoubtedly would be dividing his time between both locations.  According to Glen Harrington, the Code allows that there can be a person in charge who does not have to be safe-serve trained.   After a brief discussion, the Board decided not to require a second safe-serve trained staff person at Smitty’s Ice Cream, until and unless a problem arises.  

Steven Ball moved that the Board approve the new food establishment permit # 4815 for Smitty’s Ice Cream, pending final inspection results.  Glenn Santos seconded the motion.  All approved.

OLD BUSINESS

Roger Blakeman, 324 Great Neck Road North –Request for Extension of BOH Order.
Mr. Blakeman stated that per the request of the Board of Health, he had submitted a letter of continuing business to the BOH requesting a 30 day extension of time for hookup of Town water to the cottages on his property at 324 Great Neck Rd. North.  He stated that some site testing has been done.  He has hired Mahoney and Douglas to do the environmental testing.  Preliminary soil gas work that has been done has been all negative.  There will need to be ground water testing, as well.  There will be a Licensed Site Professional (LSP) to review the testing.  If everything comes back negative, Glen Harrington recommended that the BOH accept a letter from the LSP saying that there would be no need for further action.  

Steven Ball moved that the BOH grant a 30 day extension to Mr. Blakeman at 324 Great Neck Road North, starting from the date Mr. Blakeman receives the BOH notice of return receipt.  Glenn Santos seconded the motion.  All approved.

Brad White – Reinstatement of Septic Inspection License
Glen Harrington reminded the Board that Mr. White was instructed at the 4/28/05 BOH meeting to return in two weeks to report on his follow-up of septic installation deficiencies detected at 31 Thornberry and 19 Trump Road.  Glen explained that since that meeting, Mr. White had met with a serious injury to his hand, and had been unable to work.

Steven Ball moved that Mr. White be given a two week extension to come before the Board to explain his current situation.  Glenn Santos seconded the motion.  All approved.

APPOINTMENTS

Greenwood Pool Variance – Roxanne Iwaszko/Kathy Roberts
Roxanne Iwaszko, President of the Greenwood Homeowners Association, and Kathy Roberts, also of Greenwood Homeowners, introduced themselves to the Board.

The Homeowners Association is requesting a variance relief for the year 2005 from 105 CMR 435.08, Subsection 3(b) of the Minimum Standards for Swimming Pools, State Sanitary Code, Chapter V.   Kathy Roberts stated that the Homeowners Association is planning to do a complete rehab of the pool starting in the fall of ’05 or in the spring of ’06.  The rehab work will include addition of one more skimmer, a new drain in the bottom of the pool, and two new intakes installed.   These renovations will upgrade and increase the turnover of infiltration of the pool.  Ed Morgan has been conducting pool testing, with results showing no problems.

Steven Ball moved that the Greenwood Homeowners Association be granted the variance for the year 2005, as requested in their letterhead dated May 5, 2005.  Glenn Santos seconded the motion.  All approved.

Warwick & Associates – 16 Dean’s Hollow Road
Barbara Frappier of Warwick & Associates introduced herself to the meeting.
Glen Harrington reported that new floor plans had been submitted for a 3 bedroom home.  The Building Inspector was okay with a block wall that was only four feet high, with a 45 millimeter rubber roofing membrane.  A standard O & M executed contract will be provided prior to occupancy.  There will be an H 20 septic tank, with an extra thick top, with 9 inches of cover over the top.  A 150 ft.setback is required from a coastal dune to a reserve area.  The request was to accept a 37 ft. variance from this requirement.  

Steven Ball moved that the Board approve the variance request as stated in the Warwick & Associates letterhead. Glenn Santos seconded the motion.  All approved.

Glenn Santose moved that the Board approve the revised floor plans, dated May 5, 2005.  Steven Ball seconded the motion.  All approved.

Andrea Alexander/Summerwood – Septic Inspection Variance Request
Tom Sullivan, Chairman of the Board of Directors of the Summerwood Association, Joe Almeida, Property Manager, and Tom Alexander, Unit owner, introduced themselves to the Board.

There are 21 buildings in the Summerwood Condominium development, with 2 leaching fields per building.  For budgetary purposes, the Summerwood Association has requested dividing completion of installation of risers on noncompliant systems into three phases.  Phase 1 would include Buildings 1 through 7, for completion by fall of 2005; phase 2 would include buildings 8 through 14, for completion by fall of 2006; and phase 3 would include buildings 15 through 21, for completion by fall of 2007.   

Glenn Santos moved to approve the variance request with the following conditions that (1) a more detailed report on the number of buildings that are under asphalt or grass be received by the next BOH meeting, May 26th, 2005; and that (2) completion of work under the three phases would be accomplished no later than November 30th of each designated phase year.  Steven Ball seconded the motion.   All approved.  

Glenn Santos moved that the agent has the authority to sign off on the individual sales during this variance request period.  Steven Ball seconded the motion.  All approved.

DISCUSSION

DCPC Draft #7.  Glen Harrington reported that he had briefly reviewed the draft, and stated that prior comments from the BOH had been incorporated.  Section 14 of the draft, starting on page 10, specifies what should be exempt from the second moratorium, set by the Town and extended for a one-year period.  Exemptions include single family houses on existing lots.  No new subdivisions would be permitted.  Alan Samry from the Mashpee Enterprise has been in touch with Glen Harrington asking for BOH comments on Draft #7.  The Board agreed to review the draft and get back to Alan Samry with comments in two weeks.

DPW Sharps Collection Program.  Glen Harrington stated that Catherine and Marilyn Lopes have put together a sharps collection program for the Town.  They have met all the state’s requirements, and Glen feels that it is a very good program.  The purpose of the program is to remove sharps from the waste stream, thus reducing the potential for needle sticks by MSW handlers.  Under the program, residents bring the individual containers they use for collection of sharps to the DPW during normal business hours.  These containers are placed inside a shipping box provided by the licensed medical waste disposal company.  Residents are then given a new sharps collection container to use.  The program is free to all residents, and is limited to sharps generated from in-home medical use.

The DPW Collection Program is asking for Board of Health approval of the program.  Glenn Santos stated that before BOH gives its approval, he would like to see an internal policy statement in writing regarding the schedule of pickups, the length of storage, and how rejections of sharps containers are to be handled.  

Glenn Santos moved that the Board approve the Sharps Collection Program at the DPW garage, on the condition that a clear cut handling policy is established in writing, to be reviewed by the Board of Health, as to who will be responsible for collections, rejections, length of storage, and pickup schedules.  Steven Ball seconded the motion.  All approved.

Landfill Update – Verbal Correspondence with Consultant
Veronica Warden reported that she spoke to Woodard & Curran regarding the two gas vents that have been knocked out of their boots and are lying on the ground at the landfill.  She was told that a landfill inspection is due in a week’s time.  Glenn Santos stated that he is uncomfortable with any further delay in addressing the problem, which could result in serious complications and expensive repairs.  Glenn Santos suggested that the BOH agree on a temporary fix to replace the vents in the boots, with a follow-up decision on a permanent fix.  Glen Harrington agreed to inspect the site tomorrow.  Glenn Santos stated that all repairs will need to be reported to the DEP, and could run as high as $3,000 to $5,000 if not handled immediately.

The next meeting of the Board of Health was scheduled for Thursday, May 26, 2005, 7:00 PM at Town Hall, Conference Room 2.  

  As there was no further business, the meeting was adjourned at 8:10 PM.  

Respectfully submitted,




Ina G. Schlobohm
Recording Secretary