TOWN OF MASHPEE
BOARD OF HEALTH - PUBLIC MEETING
Minutes of the Meeting of Thursday, April 14, 2005
Board Members Present: Also Present:
MaryRose Grady, Chairman Glen Harrington, Health Agent
L. Glenn Santos, Co-Chairman Veronica A. Warden, Assistant Health Agent
Steven Ball, Clerk Patrick Costello, Town Counsel
The Public Meeting of the Board of Health was called to order by MaryRose Grady at 7:10 PM.
DEER CROSSING.
Glen Harrington stated that he had gone through inspection reports and plans that were submitted on 3/14/05 for Buildings A, B &D. He received the variance request for buildings C & E according to our old Regulation 70, and also correspondence from Mike McGrath, which he had reviewed. Glen’s following comments were regarding Building A inspections. The D Box was broken and water was surrounding it. The pits 3 and 4 need to be replaced. For some reason, the D box was not inspected. The grease trap at Michele’s restaurant also was not inspected. However, the grease trap is monitored on a monthly basis through the summer, so this is not serious a problem. Glen’s comments on Building B inspection: there was a leaching pit they didn’t locate and the bull run was
cracked and the pipe was out in the open. Glen’s comments on Building D inspection: they didn’t look at one of the leaching pits.
As far as the plans, Glen had no comments for Building A. Glen stated, however, that he had the following recommendations as far as the plans and the inspections:
- repairs outlined from the inspection should be performed when the systems are repaired as far as the plans that are proposed
- a downgrading well has to be installed as a part of Regulation 70
- approval of the variance request for Building C & E not to have to install the denitrification systems
- re: food establishment permits, the design plans on Buildings A B & D do depict seating for the restaurants broken out as 35 gallons per day per seat and 20 gallons per day per seat for lounge seats. Glen felt that issuance of food permits should be considered.
He questioned whether to issue them now or wait for DEP approval of the overall plans. Patrick Costello recommended that the Board tonight look at the seating plans conceptually, and maintain the status quo on the seating plans, continuing the ’04 plan, until DEP approval.
Glen’s other recommendations, if final approval is voted on:
- require floor plans depicting the square footage usage and unit identifications for each of the Deer Crossing buildings
- require Board of Health approval prior to any change in tenancy lease and/or occupancy so that we know ahead of time what the usage is going to be
- restrict the number of square feet for office and retail at Buildings C & E
- limit hazardous materials storage to 200 pounds of dry and 100 gallons of liquid. This would affect the Hardware Store, but variance requests would be considered.
REVIEW OF PLANS FOR DEER CROSSING.
Building A. Michele’s Restaurant has 64 seats, the Barber Shop has 3 chairs, 100 gallons on both per request from Mr. Brady, for negotiation. Carbo’s has 53 seats. Office space and retail stays the same. Glen Harrington wants the bull run valve to be removed, and the D Box pit to be repaired. The Barber Shop asked why his shop had been reduced from four chairs to three, reducing his business by 25%. He spent $20,000 to expand his shop, and now his number of chairs has been cut back. He stated that he had been given verbal permission to expand from the landlord who spoke to the former Board of Health 12 years ago. Glenn Santos stated that the plans from Mr. Brady indicated a request for 3 chairs. Mr. Ball asked that the Barber Shop get together with
Mr. Brady to clarify the situation, and then come back to the Board of Health.
Building B. Regarding repairs, remove bull run valve which is damaged. Also locate the other leaching pit and frame the riser.
Buildings C & E. The Board has no plans for C & E, just variance requests in writing.
Mr. Ball motioned to approve Mr. Brady’s variance requests representing Deer Crossing, in his letter to the Board of Health dated April 11, 2005. Glenn Santos seconded the motion. All agreed.
Building D. Mr. Ball stated that Giovanni’s has a total of 61 seats, with 50 at 35 gallons, and 11 at lounge. Office space and retail space are the same. The Beauty Salon has 5 seats, Mashpee Bagel and Subway are each at 6 seats, at a total of 3,053 gallons. Mr. Ball made a motion to approve the plans for Building D as submitted. Glenn Santos seconded the motion. All agreed. Glen stated that the approval should include his comments, and state that it was subject to DEP approval.
APPROVAL OF MINUTES
The minutes from the November 17th, 2004 Board of Health meeting were reviewed. MaryRose Grady motioned that the minutes be approved, Glenn Santos seconded the motion. All approved.
The minutes from the December 12th, 2004 were reviewed. Glenn Santos stated that the heading titles should read as follows: Steven Ball, Clerk, and L. Glenn Santos Co-Chairman. The minutes were then approved by the Board as corrected.
Copies are needed for the next Board meeting for the minutes from the December 9th, 2004 and the January 6th, 2005 meetings. A full Board is required for approval of the minutes.
FOSTER BURTON COMPANY, Septic Installer, 3 Hornbeam Lane.
David Burton of the Foster Burton Real Estate firm introduced himself and his seller client, Melinda Bridges, the homeowner at 3 Hornbeam Lane. Dave stated that his purpose for coming before the Board was twofold.
First, he wanted to call to the attention of the Board some substandard work going on with regard to septic installations.
Second, he wanted to determine where the scope of responsibility of the Board of Health and its agents begins, and where it ends.
Mrs. Bridges is in the process of selling her home, and requested a septic inspection for a certificate of compliance. John Grassi went out to do the inspection, and could not find the septic tank. It was not within 8 feet of where it was supposed to be, on the as-built plans. In his probing to find the tank cover, he discovered there was a natural gas line going across the cover to the system. Mr. Grassi then stopped his digging and called Dig Safe to flag the property. There is a paved driveway in front of the house and a paved walk to the house. Dig Safe notified Mr. Burton that they might have to dig up the driveway as well as the paved walk in front of the house, to find the system. Glen Harrington visited the site and noted that the system was not working, and that substantial repairs would be
needed. Mr. Grassi conferred with Mrs. Bridges and stated that per the Town requirements, substantial repairs would be needed, including digging up the paved driveway. Because Mrs. Bridges is purchasing a new home and must sell her current home at Hornbeam Lane(which is just 5 years old), she has no choice but to pay for these extensive repairs out of her own pocket.
Mr. Burton’s purpose in coming to this meeting was to inform the Board of the inferior workmanship of this particular installer, and to inquire of the Board of Health whether there are any measures that can be taken to alleviate this problem from recurring again. Glenn Santos stated that, as of two years ago, the Board of Health is now required to inspect newly installed septic systems. Glen Harrington noted that the original plans and the as-built plans for the house at 3 Hornbeam Lane were inconsistent. The septic tank locale was changed on the as-built plan from its location on the original plans. Revised plans are now required for inspection by the Board of Health, to catch any problematic changes to the original plans. Glen Harrington noted that the leasing pit at 3 Hornbeam will need to be replaced, but
the tank itself is okay. John Grassi has applied for a permit and will begin the work on Monday, April 18th.
ESTATE OF DONALD BLAKEMAN, 1988 Fuel Spill at 324 Great Neck Road North.
Roger Blakeman is requesting an extension of time beyond the original 30 day period for installation of a new well on his property. A hazardous waste spill was found at the site in 1988 as a result of a furnace problem when a faulty line was discovered. Testing was done by Clean Harbors and soil was hauled away at the time. At the time of the subsequent Clean Harbors fire, all their records were destroyed. Glenn Santos suggested that Todd’s Excavation in Sagamore be contacted to find records on the insurance company that was involved, to determine where the soil was taken because Todd’s Excavation has done a lot of work in this area. Mr. Blakeman stated that a second round of testing was done in 1993. Glen Harrington asked whether it was ever truly closed out in the state’s eyes as far as its being a
hazardous waste site because there is no evidence in the file. Glen stated that if no other documentation is found, Mr. Blakeman should hire a Licensed Spill Professional (LSP) to advise what Mr. Blakeman must do to give closure. He will need to do another soil testing, install a new well, test the underground water. The next Board of Health meeting is scheduled for April 28th. Mr. Blakeman was requested to come back at that time with follow-up on his inspections, along with a request in writing for any variance or variances he needs.
MASHPEE COMMONS/TEA SHOPPE, Grease Trap Variance Request.
John Renz from Mashpee Commons introduced himself, and the owner of the Tea Shoppe located in Mashpee Commons. John explained that the Tea Shoppe owner is trying to expand her shop into the space that is now the real estate office next door. The plan is to knock through the wall to the Real Estate office. The Shoppe would expand from 24 to 37 seats and would go from 1100 sq. ft to about 2200 sq. ft. The plan is to move the seating side into the real estate office area, and add take-out, bakery and late night desserts to what is now the restaurant side.
The issue involved is the problem related to the installation of an underground grease trap for the expanded Shoppe, which the Shoppe owner was told would be required. To get an underground grease trap installed for the Shoppe would be very difficult because of the underground wastewater coming from adjacent shops in the same area, and other drainage waters, which have to be kept separate from the grease trap. Glen Harrington suggested an undersink grease interceptor as an alternative to the underground grease trap. These have been used successfully in other towns but not yet in Mashpee. The unit sits on the floor under the sink, is a stainless steel all mechanical unit, and is very efficient. Grease is collected in the unit, which has a heater on a timer that will melt the hardened grease at a designated time
of day. The unit has a mechanical arm which acts as a shield. The shield dips into the grease, wipes the grease off, pushing the melted grease into a trough which dumps it into a catch pan located on the side of the unit. The Town of Barnstable as well as the manufacturer have done extensive testing on the units. Glen Harrington stated that he is comfortable with them and recommends the units as a very good option. Mr. Ball motioned that the Board approve the installation of an undersink grease interceptor at the Tea Shoppe as an alternative to the underground grease trap. Glenn Santos seconded the motion. All agreed.
Glenn Santos moved that Bob Shriberg, Real Estate agent for the Flume Restaurant, and his client and potential purchaser of the Flume, Marly Cardoza, be placed on the agenda for the meeting. Mr. Ball seconded the motion. All agreed.
FLUME RESTAURANT.
Marly Cardoza’s question to the Board was what the possibilities would be for expansion of the current Flume Restaurant. Glen Harrington stated that the Board of Health currently has standing orders for the owners of the Flume Restaurant to install a denitrification system to be added to the existing septic system. The design flow right now is good for 120 seats. If it drops below 600 gallons, it changes the uses available to the restaurant. It would reduce usage to 30 seats using paper and plastic, and 17 seats with full dinnerware. April 30th is the deadline for the current owner to do something. A denite system needs to be installed before the property changes hands from the current owner. If Ms. Cardoza offers to pay for the denite system, that would need to be a part of the plan
ultimately approved by the Board of Health.
Ms. Cardoza stated that she was considering expanding the building into a day spa/fitness center/pool, in conjunction with the restaurant. Glen stated that she would need to hire a professional engineer or a registered sanitarian to advise what could be done. These professionals would deal with Title 5 as far as the Day Spa and outline what kind of design flow would be needed for that. They would also advise the septic requirements based on the number of seats planned. The Zoning Board would also need to be contacted to get permission for any changes to the property. Glen Harrington stated that Ms. Cardoza would be required to tie into town water, if she goes forward with plans for a day spa and pool.
HELEN LADD MEWS CONFERENCE CENTER.
On behalf of the Mews 4A Condominium Association, Helen Ladd of the Ladd Property Management Company has requested variance relief to bring the following septic systems at the Mews into compliance:
Units 7527 through 7531 for completion by May 15, 2006
Units 7535 through 7545 for completion by May 15, 2007
Mr. Ball motioned to grant the variance relief as stated above. Glenn Santos seconded the motion. All agreed.
CAPE & ISLANDS VARIANCE REQUEST – 15 HORSESHOE BEND WAY
Cape & Islands was not present at the meeting but did submit revised plans, dated 3/28/05, to the Board. Glenn Santos motioned that the revised plans dated 3/28/05 be approved for the property on 15 Horseshoe Bend Way. Mr. Ball seconded the motion. All agreed.
NEW FOOD ESTABLISHMENT PERMIT – MOBILE FOOD PERMIT
Glen Harrington stated that Manyca Foods, located at 61 Woodland Avenue in Mashpee, wants to do a mobile food permit but they currently do not have a licensed facility to work out of, which is a requirement for what they want to do. Glenn Santos made a motion to deny the permit until the Board receives information as to where the kitchen is to be located. Mr. Ball seconded the motion. All agreed.
MASHPEE DELI REQUEST FOR INCREASE IN SEATING
The Mashpee Deli is requesting an increase in seating for 6 seats. They currently have a leaching facility that will handle 1000 gallons. The requested increase of 6 seats will increase their gallon usage from 12 to 18. The facility is all paper/plastic. Septic-wise, the shop is fine. The only question Glen had was regarding the need for a grease trap, since the Deli is considering adding pizza, and meatballs to the menu. Glenn Santos motioned that the request to increase 3 seats be approved, on the condition that a grease trap be installed. Mr. Ball seconded the motion. All agreed.
NEW BUSINESS.
No new business.
OLD BUSINESS.
Glenn Santos reported over a month ago that a 6-inch gas vent had been knocked out of the boot and was lying on the ground at the landfill. Glen Harrington and a DPW representative will go up this week to inspect the site.
MaryRose Grady asked about the status of the Plaza Del Sol. Glen Harrington reported that the system for the office is done, and they are currently putting in the biothermal unit.
The next meeting of the Board of Health is scheduled for Thursday, April 28, 2005, at 7:00 PM.t As there was no further business, the meeting was adjourned at 9:15 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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