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APPOINTMENT: Paul Allen/David Carlson – 116 Main Street, Title V Variance |
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Mr. David Carlson was present representing Mr. Allen. He began by stating that he needed to have his septic replaced. He and his son had moved back here from out of state to take care of him. The town wanted to do this with a 60-day extension. They already had Dedecko Construction who were going to replace the septic system. This was something Mr. Allen was supposed to do. He was handicapped and had Alzheimer’s and all that. They were going to do extensive remodeling of the property. They had already taken some junk cars out and re-painted the house. They did quite a bit of work. But, with this weather it was obviously not a good time. Although the weather did not play
into this when they asked for an extension. They asked for a 60-day extension to put in the Title V. He and Peter both had money from work that Peter had done and an inheritance that he had received. Between the two of them it was not a problem monetarily wise come April. |
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Mr. Harrington asked him if he had been made aware of the septic loan program. |
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Mr. Carlson stated that Ms. Garron had advised him of the program. They had already applied for that. But, even if he didn’t get it they had the monetary funds to do this. His money is his on the first of April and Peter’s was the first of March. Bortolotti claims they inspected the system. But, he couldn’t dispute what they say. But, he knew they didn’t do it and it was never done properly. They, in fact, had the system pumped. Peter was a licensed septic inspector and mason. He has re-built the system so that it worked for now. So the 60-days was all they needed. |
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Ms. Grady asked Mr. Harrington and Mr. Santos if they had any questions/comments. |
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Mr. Harrington did not have any further questions/comments. |
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Mr. Santos suggested to Mr. Carlson that they could always have the system inspected again for cheap change. It was not out of the ordinary to have it re-inspected. |
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Mr. Harrington asked Ms. Warden if she had inspected the system. |
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Ms. Warden responded that there were historic stain lines above the pipes. When she went out there it was only half full. But, you could see the stain lines. She believed that was what was on the inspection report. She did not have a problem giving them a 60-day inspection. |
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Mr. Allen stated that when his daddy was living there and it probably hadn’t been pumped in 15 years. He took the course and became an inspector. He pumped it once and it was working perfectly. |
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Mr. Carlson stated that they planned to have the Title V put in. It was more of a monetary matter than anything else. |
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Mr. Allen added that his daddy was going in to have his hips replaced in March. |
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Mr. Carlson added that Peter had had both of his hips replaced. They were both on SSI and he was a seasonal tractor-trailer driver. He worked from April to December for Goldstar Nurseries. It would just be a couple of months. |
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Mr. Allen added that it worked fine. |
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Mr. Carlson said that they both knew that Mr. Allen probably should have done this earlier. They both moved back from out of state to take care of him properly. Everyone who knows the property knew that it had been a mess. But, they had been taking care of it one day at a time. |
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Mr. Ball made a motion to grant the 60 day extension as requested, Mr. Santos seconded motion. Motion passed. |
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Mr. Allen asked if there was two feet of frost could they have another extension. |
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Mr. Santos stated that they had 60-days from the date of this meeting. He felt that they were being more than fair. Title V and this board had given them a two-year grace period. Actually, a two-month extension would run into June 24th, 2005. They could still get things done even with this type of weather. |
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NEW BUSINESS |
1. |
Sign Warrants. |
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Warrants signed. |
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2. |
Approve minutes of September 30th, 2004 and October 14th, 2004. |
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Mr. Santos made a motion to approve the minutes of September 30th, 2004, with corrections. Ms. Grady seconded the motion. Motion passed. |
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Mr. Santos made a motion to approve the minutes of October 14th, 2004. Mr. Ball seconded the motion. Motion passed. |
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APPOINTMENT: Cape Waste – Trash Hauler Permit Revocation |
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Kent Johnson and Peter Amaral were present on behalf of Cape Waste. |
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Ms. Grady began by stating that as she understood it as of that moment their trash hauler’s license had been revoked. They asked them to come here today for the opportunity to explain their position. |
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Mr. Amaral stated that they received these letters that came to them. Mr. Johnson was out ill for the first meeting in January. He received this letter. His position in the company was to make sure that things get taken care of – operations. They have never not serviced the town of Mashpee. According to the letter from Glen Harrington there were some facts in here that were just not true. The dumping of their trash at the SEMASS Facility and being denied access. He didn’t dump and hadn’t dumped their trash at the Sea Mass Facility since last January of 2004. He didn’t know where this information came from. They did take trash to the Town of Bourne
landfill because they were denied access to the Upper Cape Transfer Station due to a past-due balance. They had not paid the balance to the transfer station in a timely fashion. They understood that. This time of the season for their company, they were a small company, they had to put the funds elsewhere. He had to make truck payments and payroll. Their customers had also stuck them for $10,000.00. (The tape stopped at this point. It picks up again with the following statement.) He stated that Ms. Warden later denied them the request. Then hours later Ms. Warden called and told him that the permit was extended until tonight. Then she called him again and stated that they were denying their request. The funds weren’t in the bank because they had a line of credit at the bank. This was a copy of the check from the bank manager stating that the check that they did write him on Friday had been cleared and deposited in the bank on Tuesday. |
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Mr. Johnson stated that it had been deposited on Friday. |
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Mr. Amaral stated that the town had deposited it on Friday. Then she called back and said that you must bring a certified check by Tuesday. You need to appear before the board. |
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Mr. Johnson stated that he had spoken to Ms. Mason. She told him that it had been presented. He told her that he would be more than happy to bring her a certified check on Tuesday morning. She said that that would go a long way. He went to the bank on Tuesday morning and they told him that there was no need for that because the check had cleared. So he called Ms. Laurent at the DPW and she was under the assumption that it had been deposited on Friday afternoon. That was pretty much the way it had been left. |
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Mr. Amaral continued by saying that the statement about not having the bond in place. The bond had never not been in place. They had dropped off the check for the haulers permit today. Because of the confusion with what was going on with not being able to pick up and appearing before the board. No one had been talking to them. Saying you had to go talk to the board. What was the point of bringing over the check on Tuesday? Then he though about this. He read through all the paper work that he had received along with his haulers permit. He had attached the bond continuation that he had received in the beginning of December to their paperwork that needed to be turned in. The bond
was right there it was never not in effect. They just didn’t bring it down with the permit. The letter that they subsequently received from the attorney representing the town about canceling their contract clearly stated that “Cape Waste, Inc., failed to obtain all necessary license to enable to legally perform the service defined under the proposed weekly trash pick up agreement with the Town of Mashpee. The Town of Mashpee rends it in default of its obligations to perform said service for the period of November 1, 2004 until October 31, 2005. Please be advised that unless Cape Waste, Inc., resolves all non-compliance issues with the Mashpee Board of Health on or before January 20th. 2005, the town will deem Cape Waste, Inc., to be in default of its contractual performance obligations. That shall immediate the contract.” So on and so forth. That told him that he had until today to get all of these items straightened out. Had he read that clause more
closely last week they would not be sitting here tonight. He noticed that Atlantic North has delivered containers beside theirs. He hadn’t dumped these containers on Tuesday on the schedule because the board told him not to dump the containers. He had done everything they asked of him and now he was being kicked out the door. He had serviced the town for two years and this would be their third year on the contract. They have had no issues. They’ve even taken material they shouldn’t have taken televisions, tires from the police station, air conditioners, at no additional costs from the town. They were getting tossed out the door now because of this. They were going to do what the board was going to do. If they didn’t get their hauler’s permit they were out of business. 85% of their rubbish comes out of Mashpee. They were going to have to close down his rubbish business. He didn’t think it was fair. They were at fault here and he didn’t deny
it. But, this said, by the board’s attorney, that they had until today to comply and he complied. So, there you go. |
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Ms. Grady asked for Mr. Harrington’s input. |
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Mr. Harrington wanted to respond to that letter because he was not here Thursday or Friday. The attorney was speaking to the contract with the town. That they maintained with the town not so much with the haulers license. The BOH revoked the permit, which basically said that they should not have been operating period. They no longer had a permit to operate in town whatsoever. Maybe that wasn’t made clear enough. But, town counsel and Joyce Mason as the town manager did not have the right to over-ride the board’s authority because of state statue that they issue the hauler’s permit. |
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Ms. Grady asked if they were supposed to put their bond onto their permit application. |
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Mr. Harrington stated that they did not have their bond. It was not attached. They did not have their application and they did not get their application until they dropped off the $500.00 check. Yesterday? |
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Mr. Amaral stated that they dropped it off today. |
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Mr. Harrington stated that they did not have their application. |
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Mr. Amaral stated that he had spoken to Mr. Harrington on the phone about the letter when he got the letter. He said that the bond had never not been in effect. He said that he had never been denied access with the town’s trash at the Sea Mass Disposal Facilities. He did not use them. He went to the town of Bourne. It was crazy for him to go to the town of Bourne. The only reason he went to the town of Bourne was because he was denied access to the Upper Cape Transfer Station for past due balances. Had Mr. Johnson kept it more current? This whole thing goes back to the payment of that invoice. The issue of the hauler’s permit not being filed properly.
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Mr. Harrington noted that one of the other reasons stated in the letter to revoke was the use of another facility was in conflict with their regulation. The only reason they went to the other facility was because it cost $95.00 per ton to dump refuse there. They were only charging him $60.00 per ton. The only reason he went over there was because he had to dump it because he had to service the town’s contract. Had he even been aware that he was in violation of dumping…not that he didn’t read the contract. He was picking up and emptying the containers. He understood that they were late making the payment. There was a technicality that they shouldn’t have
dumped it over there. It wasn’t like he backed up his truck up to South Cape Beach and unloaded your trash in it. |
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Mr. Santos interrupted and wanted to correct Mr. Amaral for a minute. It was not a technicality. It was a state DEP regulation and law. It was the regulation and law of the BOH of Mashpee. All right? It stated that he would bring it over there because Mashpee paid their bill over there and Mashpee billed them. Was that correct? |
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Mr. Amaral stated that that was correct. |
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Mr. Santos did that for tracking reasons and DEP reporting so that they knew where all the waste went for this town. |
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Mr. Amaral stated that he understood that. |
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Mr. Santos re-iterated that it was not a technicality. He wanted to make sure that they were clear on that point and on the same page. |
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Mr. Amaral stated that he understood exactly that point. Again it went back to the late payment to the current invoice due. |
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Ms. Warden stated that that was not necessarily true. They did not renew the license and you didn’t renew the bond. |
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Mr. Amaral stated that the bond was renewed but he did not submit it to the town. |
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Ms. Warden stated that it didn’t matter. They did not have it. They had to pay their license fee. If they didn’t pay the license fee then they were not licensed. That was the way it was. |
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Mr. Amaral understood her position. The letter stated on the letter that January 7th, 2005, was the date that they would not be accepted at the transfer station. His fees weren’t paid. He understood that. They did not comply. He understood that. They were talking about 13 days from January 7th, 2005, had the bill been paid that he would have been out of compliance with the permit. He was out of compliance with the permit because of the $500.00. They did not bring it over here. They put it on the back burner. It was totally his fault. He totally agreed with that. |
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Mr. Johnson stated that it said January 7th, 2005, there and he spoke with Ms. Warden on the 10th. There was a three-day window. The first 10 days of January he was hanging on his deathbed at home. He usually took care of that stuff. |
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Mr. Amaral faxed something over at the request of Ms. Warden. It was denied and then accepted and then denied because of the funds. Ms. Warden called the Mashpee branch of the Rockland Trust. They did not do business over there. They did business at the Sandwich Branch of the Rockland Trust. The check was fine. He just gave them a copy of the thing from the bank manager. |
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Mr. Harrington asked if there were any other past problems with Ms. Laurent. |
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Mr. Johnson stated that there had been the scenario where the truck would pull on the scale and the 30-day period would be up and he would run to Ms. Laurent or Ms. Kelleher with a check. Ms. Laurent would be the first one to say that there hadn’t been any problems with their relationship. He spoke with her once a day on the phone for the last week probably. |
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Mr. Amaral stated that his experience with Ms. Laurent was that when the town was advertising for a residential transfer station operation. He called to get a copy of the specification because he was interested and had interested parties that would have been able to fund that. It was too much to quick for us. But, she was very happy that they took the bid specs out because they had a good relationship with them. The whole thing rolls down to now it was bad. He understood totally what they said. He could not go back in time and change it. |
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Mr. Santos wanted him to know that there was a town by-law that no permits of any kind would be issued if there was any money owed the town for any fees at all. Even to the point if they had an underground fuel tank and you owe back taxes you can’t put any fuel in there any more. The problem that he had was that he had been notified with this and he was in full agreement with the board’s permission. It was the first of the year with new permits being issued. He owned the town money. He appreciated what they had done for the town. They were also picking up businesses in town. Correct? They were doing curbside and other businesses in town. All that trash needed to be
tracked back to this town. He was not trying to be derogatory. But, he was coming across a little talky here with the suggestion that this was just a little thing here and they had other priorities. He was not in this business but his priority should be payment to the town of Mashpee. He went over there and dumped their trash. Mashpee paid the bill and then they bill him. That was the problem that he had. After they received the certified letter, they were seen in town making pick-ups. Okay? |
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Mr. Amaral stated that that was after he received Mr. Harrington’s letter. |
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Mr. Santos stated that that was correct. He was told that they did not have a permit and the 2004 was revoked. |
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Mr. Amaral had to empty the town’s containers. |
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Mr. Santos was not talking about town buildings but other places. |
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Mr. Amaral stated that he did his route. |
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Mr. Santos stated that basically they just ignored the order from the BOH. |
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Mr. Johnston stated that they did not ignore it at all. |
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Mr. Santos asked why their trucks in town picking up trash then after receipt of this letter. |
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Mr. Johnston stated that he was in contact with Ms. Warden on a regular basis. Are the trucks able to go into town? No there were not. He made sure that the routing did not go into town. He asked Ms. Laurent today if he could pass a truck through. He had been in complete contract with the DPW. They did not go into. He told his drivers today that it was a $300.00 fine. He told them last week. They had not picked up the trash at any of the containers or so forth when they were told not to go into town. |
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Mr. Amaral stated that after the letter they did go into town because it did not tell them not to come into town. |
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Mr. Santos felt that they put the issue to rest because one was saying yes and the other was saying no. |
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Mr. Johnson stated that when Ms. Warden told them that the check was approved and that she had spoken with the board members at home. They were approved to go into town. Then 36 hours later and she said that the funds were no good. Then the check was good and it was okay to go into town. When they were told not he routed them and told them not to go into town. They were only conducting the pick up in Mashpee two days per week. So it was pretty easy enough to route and put it off for two, three or four-days time of thing. That was what they did waiting for this meeting tonight. |
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Ms. Grady asked when they received this letter. |
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Mr. Harrington confirmed that the date was January 3rd, 2005. |
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Ms. Grady continued by stating that if this were her business and the town told her that her trash hauler’s license was now revoked. The very first thing she would have done was to pick up the phone and say, “Oh my God what can I do? What do you mean that it was revoked?” They would have told you that they met on the 6th. Okay? A lot of this could have been totally avoided if they had just acted on the letter when they received it. She did not understand how they could have been so laid back about it. |
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Mr. Johnston stated that he lived off Cape in the Pembroke area. Mr. Amaral lived right here in the Sandwich/Mashpee area. He was out from literally the 3rd until the 10th. He dated the letter to Ms. Warden on the 12th. He was out… |
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Ms. Grady asked who signed for the letter. |
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Mr. Amaral stated that he probably signed for the letter. He called Mr. Harrington and told him that this was in error. He did not tell him not to come in to the meeting. Mr. Harrington told him to come to the board on the 20th. The letter said that. It did not tell him that he could not pick up trash in the town. It told him that his permit was revoked. But, it didn’t say don’t pick up the trash and on January 20th, 2005, he was summoned to the board meeting. |
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Mr. Harrington stated that it was a “show cause” at that point just to discuss getting a 2005 permit. |
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Ms. Grady did not suggest to him that he could come to the meeting on the 6th. |
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Mr. Amaral received the letter from town counsel on the 10th regarding the contract. They needed to forgive him that he did not know that the BOH was in complete control over the town for waste hauling and that the attorney for the town did not have a say in what went on. He assumed that he had to come to the board tonight. When they were getting on and off again messages from the fax letter. |
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Ms. Grady asked Mr. Amaral what he thought that their revocation of the trash hauler’s license meant as of that date. |
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Mr. Amaral replied that he did not have a permit in the town of Mashpee and that he could not go to the transfer station. He was no longer able to haul trash to the transfer station period regardless of whether he had paid the bill. That’s what he thought that was. He was summoned to the board tonight. |
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Ms. Grady asked him why he wouldn’t say, “What am I going to do these other fourteen days or sixteen days?” |
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Mr. Amaral stated that that question was raised with the fax. Then Mr. Johnson came back and … |
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Mr. Harrington added that that was why the letter was sent to request what to do in the meantime because there were still six business days at that point. So they requested… |
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Ms. Grady noted that Mr. Harrington stated that Mr. Amaral spoke with him on the 4th. But he wasn’t concerned about not being able to haul trash on the 4th? |
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Mr. Amaral stated that he was told to go to the board on the 20th, and he was addressing the issues at Sea Mass. That was not correct. |
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Ms. Grady felt that they were just starting to go round and round here. She then asked for comments. |
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Mr. Santos wanted to make a correction. They had been in arrears to Sea Mass. Sea Mass did do the billing for the Barnstable/Yarmouth Transfer Station. They had not been able to dump over there for a number of months from what he understood. He had spoken to the supervisor over there. |
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Mr. Johnston stated that there was a zero balance due on it. The way they left it with Sea Mass… |
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Mr. Santos stated that he wanted to clarify that because he worked for the Town of Barnstable and the supervisor at the Barnstable transfer station. He was also responsible for 65% of that building over there. He was aware of what goes on here in the trash business on the Cape. He knew the rules and regulations very thoroughly that was his job. He knew Rob Angelo over there was not going to B. S. him. He didn’t know if they wanted to close it public it hearing and discuss it among themselves. He did know what the chairman wanted to do. |
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Mr. Amaral stated that last year an occurrence happened. They were late paying the bill. This was 2003 not 2004. They didn’t go into the Barnstable Transfer Station after that. Sea Mass was billing them for trash, they set out slips for the drivers to sign as they dump their loads. They come up the stairs and sign the slips. Their drivers were signing the wrong slips to the tune of $2,000.00 to $3,000.00. They were arguing about money. They made alternative arrangements for that. Paid off their balance with Sea Mass and never went back to the Barnstable Transfer Station. |
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Mr. Santos wanted him to know that the Town of Mashpee’s BOH regulation was the same in every town in the Commonwealth. You pick up trash in Barnstable you bring it to where the permit tells you to bring. You pick up trash in Mashpee. You bring it to where Mashpee tells you to bring. It was a state law. They could keep pushing the envelopes with the town but eventually he would have to deal with the DEP and the state. He just wanted to give this as a little FYI to him. Other health departments are going to be made aware of what was going on. They better make sure of their record keeping. That was the requirement of any permit in any town. That was not a contract or the
permit. It was part of the BOH regulations in every town. They had to account for the reporting in every state. |
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Ms. Grady closed the agenda item to public discussion. |
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Mr. Ball didn’t see any use in it. Didn’t the town already hire another hauler? Wasn’t there someone already outside? |
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Mr. Amaral stated that there were other containers there. |
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Mr. Ball asked what their name was. |
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Mr. Harrington stated that it was Atlantic North. |
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Mr. Ball asked if they had already committed themselves to the town. |
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Mr. Harrington did not know. |
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Ms. Warden stated that she did not know. The last she heard Ms. Laurent said that she was going to. |
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Mr. Johnston stated that last Thursday or Friday Ms. Laurent stated that she was going with the second bidder. |
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Ms. Warden noted that on Friday afternoon around 3:45 PM she said that it cleared at one point. Didn’t she call Mr. Johnston and tell him that it was okay? Then she called him back and told him that it had not cleared due to insufficient funds. |
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Mr. Johnson agreed that Ms. Laurent stated that she was going to go with the second bidder. Ms. Warden recommended that he speak with Ms. Mason. He offered to bring a cashier’s check on Tuesday morning, but that the check should clear. Ms. Mason stated that she was not going to be there on Tuesday morning. But, he should meet with Ms. Laurent. He went to the bank prepared to withdraw the cashier’s check and meet Ms. Laurent. The funds had cleared. |
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Ms. Warden stated that it was more of an issue with the town manager whether or not their contract had been renewed. There issue was more of the bond and the renewal. The rest was not the board’s issue. |
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Ms. Grady asked what they wanted to do. |
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Mr. Ball didn’t think there was much they could do about it. |
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Ms. Grady felt that they could in regards to the bond renewal. |
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Mr. Ball asked how that affected the contract. |
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Ms. Warden stated that they had nothing to do with the contract. |
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Ms. Grady stated that it just allowed them to haul trash in town. |
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Mr. Santos stated that it was anywhere in town, not just the town buildings. |
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Mr. Ball stated that it was not just the town contract. The bond was all paid for. |
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Ms. Grady stated that the bond was paid for. |
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Ms. Warden asked to see the bond information. |
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Mr. Ball stated so that the way he understood it. They were not able to pick up the town’s trash. Now they were asking to pick up the residential and commercial trash. |
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Mr. Santos re-iterated that the permit allowed them to service commercial, residential and town property. Whatever. |
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Mr. Ball stated that he didn’t feel comfortable revoking that part of it just because of that letter even though it wasn’t from us. They were an autonomous board. It did come from town counsel and there was a lot of confusion in it. He did read the letter many times and it did say that they should settle up with them in that meeting. He really didn’t feel comfortable revoking their license just because of that letter. They should have a better protocol over who does what and what gets sent. |
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Mr. Santos felt that they had a very good protocol. They were notified by the DPW that they were in arrears. He felt that they took appropriate action because it was within their power to cancel their permit at any time. He did not like the flagrant disregard for their certified letter, the continued residential pick-ups and the attitude behind the disregard along with the dumping of trash with whoever will take it. There was a very strict law on whoever would take. They reason why they dictate where it goes. They negotiated a low tip fee for the residents for the commercial properties within the town of Mashpee. It was a serious violation of the rules and regulations of the
state and the town of Mashpee. He felt that something needed to be done. Exactly what he did not know. It was a flagrant disregard to a very serious regulation. That was his opinion. |
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Ms. Grady felt that they should have known that they could not pick up the trash. She felt that their attitude was that they ignored the BOH and only took notice when they received a letter from town counsel. Communication is huge. The board will very often will make exception and work with people as much as possible. If we don’t know what is going on they could be of help. It was very difficult for her hearing things on the phone trying to decide whether or not to revoke somebody’s license. Especially with Ms. Wardens saying that it could put you out of business. But, regulations, public health, all of that has to be the priority for them. She felt that it was
really bad judgment and all of that on their part in how things were handled. But, it was also a learning experience for them to. She did not have a problem with re-instating their permit as long as everything was up to snuff financially. |
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Mr. Harrington interrupted the conversation and recommended that they raise the bond amount. The $1,000.00 bond amount didn’t go very far when they end up at $4,000.00. Just through other history in dealing with other problems too longer than he had even been there and dealt with this. The bond in number two in the regulation can be up to $10,000.00 and be at the board’s disposal. It was however they wanted to do that up to $10,000.00. They weren’t just thinking about doing this to these folks here but across the board. The way that the fees and the volumes that they were dealing with the $1,000.00 bond did not go very far. As far as having any other leverage
with any of the haulers not just these guys. He felt that they should keep in mind that the board had the power to do that. |
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Ms. Grady asked if anyone wanted to make a motion. |
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Mr. Santos stated that it stated in their regulation that any violation of any of these regulations, which was right under number two required revocation and suspension. He was initially thinking that they should have a six-month suspension. But, he would settle for a three-month suspension. As he had stated before, he felt that it was a flagrant disregard of the regulation. If they were going to be in the business they needed to know what the regulations were. |
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Mr. Ball felt that they could go back and forth all night. He was going to make a motion not to suspend or revoke their license to pick-up trash in Mashpee. But, they were going to add to the motion that the bond be raised to $4,000.00. All their bonds and applications needed to be on time. If they were late for any reason they would suspend their license for at least 60-days or further. Ms. Grady seconded the motion. Motion approved. Mr. Santos opposed the motion. |
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Mr. Ball made another motion to issued the 2005 trash hauler’s license provided that the bond was received in the office, current past due balances were paid in full and no bounced checks. Ms. Grady seconded the motion. Motion passed. |
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Ms. Grady recommended that they get in touch with Ms. Mason to discuss their contract with the town. |
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APPOINTMENT: MMR IRP – MMR Update |
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Ms. Linda Wadsworth was present for this agenda item. She began by stating that they were here tonight to give them an update as to what was going on with the clean up programs at the MMR. She introduced Alan Cowles. They coordinated the different environmental programs out on the base. So if they ever needed anything they should give them a call. They were producing an annual report on current training in environmental protection. It should be out at the end of this month. They will send the board a notice on it. She then introduced a Mr. Carlson and then Chris Curley. |
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Mr. Carlson presented the board with last year’s groundwater plume booklet. They would be updating that again in May of 2005. They were also going to be referring to some drilling locations on here because they had expressed an interest in getting an update. They also had updated tech slides that they presented two-public clean up team meetings ago. They were all updated with the most recent information. He wanted to start with the FS 1, which was on the little map. It was shown over here emanating from the base and comes down to the Quashnet River. Here was Johns Pond. Several years ago there was a fire at the treatment plant and it was destroyed. They rebuilt that plant
and re-designed the system out there. So now they had four deep extraction wells. They also used to have a bunch of shallow well points. They were 2” diameter wells about 15’ below ground service. They had all been turned off. They were now operating four deep extraction wells out there. They were still sampling the area. They were still seeing low-level detections of EDB in a couple of the bog areas. The most recent highest level was in December, this past December. It was 0.051 parts per billion for EDB. It was above the safe drinking level limit, which was .02. But, that was not a drinking water supply out in this area. So, there was no working type of exposure or ecological concern. If you look at those two types of scenarios it wasn’t even close to the thresholds are for those. The ecological threshold was 31 and the human health was over 6 for that type of exposure. So basically they were here to say that there continued to be no risk to the public health or
the environment. They have monitored several locations monthly out at this particular area and it would appear based on the data that they collected so far that the system was operating. What they continued to see was more capture of this plume. Eventually they should start to see the concentrations become less and less in the surface water. They were actually already seeing that. Hopefully, it would be non-detected at some future point. Up until that point, the cranberry growing in that areas has not occurred and compensation had been provided in the past by the Air Force. That would continue to happen under an agreement that they had with the town. Before, he moved on to Johns Pond where there any questions for FS1? He then began to speak about Johns Pond. It was obviously a very large recreational pond. There was a lot of interest out there with a lot of homes around it. In the area of John’s Pond, it was a very complex area hydro-geologically as they say. There was a lot
of water coming into Johns Pond on this side and a lot of water exiting on the east side. Millions of gallons per day in recharge, with groundwater contaminant plumes in the area. One was from an old storm drain called SD5. There had all these lobes that they saw here associated with the chemical spill 10 plume. If they looked on their first map they could see on the cover the CS 10 plume emanates almost 2.5 miles away from this area. For many decades it actually made it’s way down coming under Ashumet Pond for the most part. It went in-between the ponds and what they found recently where detections on the east side of Johns Pond. Storm Drain five, mentioned over here, they were no longer operating the systems they had out there. They had an extraction well and two re-circulation wells. They had all been decommissioned and turned off. They were not treating this plume anymore. The main reason was that the contamination had been cleaned up. In previous years, going back, there
was a plume connected all the way up to the base boundaries. That was no longer the case. They had treatment up here at the base boundary, plus the treatment in the Briarwood neighborhood. |
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(The tape ends and begins on cassette number two. The tape is running very slowly at the beginning and is illegible. Then it goes at a higher rate of speed until it was corrected. It would appear that the tape picks back up at the normal recording rate after The appointment for Ms. Palmer. Therefore, the following is taken from Ms. Warden’s notes regarding her appointment and the findings by the board.) |
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APPOINTMENT: Nancy Palmer – Reflexology License |
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Ms. Palmer was in attendance for this meeting. |
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Mr. Ball made a motion to approve a massage therapist’s license. Mr. Santos seconded the motion. Motion passed. |
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APPOINTMENT: Carmen Shay, R.S. – 30 Wilson’s Grove Title V Variance |
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Mr. Shay was present on behalf of the applicant for this agenda item. He began by stating that they had a Title V repair design. At this point they have to ask for a continuation. He would make that pretty apparent in a second here. He presented them with a plan to review. He continued by stating that currently there was a plastic septic tank in the back that had collapsed. The tank has caused the leaching in the driveway to fail. Using the existing SAS the tank was in the proposed area of the field. They reconfigured these to get the best-sized field given the two-bedroom design. However, they couldn’t do that because they were just made aware by the owners that the
property behind them on 86 Bluff Avenue was on a private well. So now he would have to revamp the plan. It was in the front but it was only 12 feet from the house. They only had 60’. |
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Ms. Warden asked how big the field was. |
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Mr. Shay responded that for two-bedroom was 15’ x 20’. At one of the hearings he was obviously going to ask for a reduction from 330 GPD to 200 GPD, which they still will. But, now they would have to squeeze it into the driveway. |
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Ms. Warden asked the homeowner Mr. Lane why he had the gutters plumbed into the ground. |
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Mr. Lane stated that they go into dry wells. |
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Ms. Warden felt hat they might have contributed to the failure of the system. |
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Mr. Lane thought it was the tank collapsing. He was told that once they pumped the tank out. It was not strong enough structurally to hold back the pressure, which made it partially collapse. |
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Ms. Warden thought that they might want to change the gutters. |
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Mr. Rhodes was the abutter at 89 Bluff Avenue. |
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Mr. Shay continued by stating that he had been granted access onto the property behind them to identify the well. They would be back. |
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Mr. Rhodes had a question. He pointed out where his septic system was located. He then pointed out the septic systems for all of the other neighbors. He felt that there was a convolution of septic all coming into one concentrated area that troubled them. |
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Ms. Warden stated that it troubled the board, too. |
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Mr. Rhodes stated that it troubled him that they were going from 10’ to 2.5’. His assumption was that they didn’t create the 10’ code for no reason. They would prefer not to give up the 10’ philosophy. |
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Ms. Warden told Mr. Rhodes that the board thought that all of those folks should get together and put in a mini-treatment plant, which would settle the entire problem. |
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Mr. Shay stated that they were actually going to have to address that issue. They were no longer going to put the field there. They were going to attempt to put something were the existing was. They would put a septic tank back there. Hopefully that would alleviate his issues. That would go from a distribution box to a very long skinny field. |
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Mr. Ball made a motion to continue this agenda item until the next hearing. Mr. Santos seconded the motion. Motion passed. |
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APPOINTMENT: Joanne Fitzpatrick – 47 Birch Way |
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Mr. Keats Boyd, one of the partners of Boyd and Boyd P.C. was present on behalf off the applicant. His firm was the co-trustee of the trust who had the beneficial interest in the property of 47 Birch Way. They had a buyer on the property and in the course of the sale they found out that the septic system did not meet Title V. It was expected to be honest. What wasn’t expected on his part was the number of bedrooms that were apparently inside this unit. What they were proposing to do was to go back much closer to the original plans that were filed with this home. He had a copy of the old plans to present to the board. He wanted to give them a quick overview of what the
original plan was and a little bit of how it has changed. Then he would show them what they were planning to do. |
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Mr. Harrington interjected that the original plans were not on file. |
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Mr. Boyd asked Mr. Harrington if he needed them for review afterwards. |
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Mr. Harrington stated that he would appreciate a copy of the originals and then the reconfiguration of the house plan. There was a Title V plan that was given to them by Cape & Islands. It was basically put on hold until the bedroom issue was resolved because it was a four-bedroom home. They wanted to get this area addressed before they issued anything else. |
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Mr. Boyd stated that it was a four-bedroom home. It was always a four-bedroom. The owner, before he passed away, apparently did some modifications. They finished off the basement and put in other rooms that he had a friend of the family living there rent-free. It was an illegal apartment. It was what qualified as two-bedrooms in the basement under Title V. But, it was his understanding that there was only one room used in the basement. There were four-bedrooms in the original house and a bonus room used as a study. That was the room that was going to cause them the biggest problem getting them eligible for a four-bedroom system. He thought they had a way to work around it. |
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Ms. Warden wanted to let the board know that this was in a Zone II. |
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Mr. Boyd presented the board with the original plans. He had a modification to show them what it was now. This was all fairly open with a furnace and a hot water heater that had actually been moved over this way in time. The first floor or main floor was pretty much going to stay untouched. There was one bedroom over here. They didn’t plan to make any changes in this area. Then this was the second floor with three-bedrooms. They would like to leave this pretty much as is because they all look out onto the lake. This was the bonus room that could be the problem. In order to get it eligible for Title V he understood that they had to have over 6’ width here. It was not
physically possible because they would have to tear into the bathroom. They would take out the door and the jams. |
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Mr. Harrington suggested that they do a railing. They would accept the 6’across here. If there was a bearing wall, they could leave a column if they had to. But, an open railing took away the privacy issue and that was what they were shooting for. |
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Mr. Boyd stated that that was there back up and what he was shooting for. |
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(They had a further discussion regarding the re-construction of the bonus room so that it met with everyone’s approval.) |
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Mr. Boyd continued that by stating that that would leave them with the four-bedrooms with the exception of the basement and the problems with the finished basement. This was what they hoped to have after the work was done. The difference was that this was closed up to a standard 30 or 36” doorway. They would open it up to 6’6”. This room over here was closed up around here. They would take this wall down completely. There was baseboard heating down there. They felt that they should leave that wall up to the point where the baseboard ends. |
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Mr. Harrington wanted to know what type of heat it was. Electric or forced hot water? |
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Mr. Boyd did not know the answer. |
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Ms. Warden wanted to know what the distance was from one point to another. |
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Mr. Boyd did not know the answer. |
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Ms. Warden stated that it looked greater than 6’. |
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Mr. Boyd stated that that was his understanding. |
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(There was more discussion regarding the details of the basement and how it was going to be re-configured.) |
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Mr. Boyd agreed to modify it to a 6’ entryway without a door. |
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Ms. Warden didn’t know how the building department was going to feel about the kitchen being there. As far as they were concerned, if there was a kitchen in there it was an apartment. |
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Mr. Boyd agreed to remove the kitchen. |
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Ms. Warden felt that that was an easy resolve. |
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Mr. Harrington stated that the building permit had to be pulled. They would have to forward the building permit and the plans to be reviewed by the board for final approval. |
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Mr. Santos asked if they were requesting any variances. |
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Mr. Boyd stated that there was a variance. |
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Ms. Grady noted that the variance was for a one-foot difference from the bottom of the SAS to groundwater. |
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Mr. Ball stated that there was no denitrification system. |
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Mr. Harrington asked the board members when they wanted the work to be done by. |
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Mr. Boyd stated that they had extended the closing date and the homeowner planned to use it as a second home. He didn’t think there should be an occupancy issue. He knew that they would have to do the repaving of the driveway and the re-sodding of the grass. |
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Mr. Harrington was more concerned with the structural changes to the house. |
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Mr. Boyd told the board to advise them as to what they wanted and they would do it. |
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Ms. Warden stated that what usually happened was that they hold the certificate of compliance. They could not pass papers until they had that in their hands. |
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Mr. Boyd understood what she was saying. |
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Mr. Ball made a motion to grant the one-foot variance to groundwater with the stipulation that the certificate of compliance was withheld until the alterations were made in the home as presented tonight. Mr. Santos seconded the motion. Motion passed. |
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Ms Warden added that there had to be a six-foot entranceway between the bedrooms in the apartment in the living. Both bedrooms would be opened up to six feet. The bonus room on the second level would have a six-foot knee-wall or railing. |
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OLD BUSINESS |
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Deer Crossing Septic System Review/Carbo’s, Giovanni’s, Michelle’s, Subway 2005 Food Permits |
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Ms. Grady began by stating that they tentatively had ideas in mind on how they wanted to handle the Title V regulations as far as seating goes and all of that. They thought they would throw out to them in detail what they were looking at. Then they could ask them questions or whatever. But, they were not going to do any formal vote or anything like that. |
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Mr. Harrington stated that it would be next Thursday night that they would hold a special session with the town counsel at 2:00 PM in the afternoon. He continued by stating that the way it was left at the last meeting was that counsel wanted him to go through each unit and find out on a permitting basis and other units that were under the board’s jurisdiction to determine the Title V flows for each of the buildings. He wanted him to see if there was any other action that could be taken through violations and compliance. Or just the overall design flow for the property on a unit-by-unit basis. He did that. The thrust of his research was for Building A and Buildings D
because the original design flows and the entire property was built out as a retail and office facility. There were restaurant seats that were on the original design flow for Building A. But, there were not for the other buildings as far as the original design flows. So Buildings C, E, and D right now had retail and office. Building B did have a proposed innovative alternative system because it was over 600 GPD. Buildings C and E had not had major changes to the point where they had not increased from their original flows and their square feet. So they were at Building C was at 465 GPD and Building E was at 385 GPD, which was below their 600 GPD. So they were not on their radarscope as far as being in compliance with their Regulation 70. So he went back through unit- by- unit and keeping in mind that the board’s last decision was that the units that were pre-1995 would be grandfathered as far as their design flow. (The tape stops and is turned over at this point now. It
begins again with Mr. Harrington saying the following.) At this point he would recommend that they leave the flows at the 3203 GPD and again it would keep the property within compliance, which was what the board had voted on before and would keep it below 10,000 GPD. In aggregate it would 9915 GPD. |
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Ms. Grady asked the attendants if they saw where Mr. Harrington was referring to on the chart. |
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Mr. Harrington continued by stating that one other thing that the board per their decision on the pre-1995, Michelle’s Restaurant was originally permitted for 65 seats in 1984 as one of the original restaurants there. The name it was permitted for was Camoli’s. Then it was Bretoli’s. Then it was Michelle’s Grille and then Michelle’s Restaurant. In 1995 the permit that was issued by the BOH was for 52 seats. If the board held to that number it would be 52 seats rather than the 65. There would be some reduction there. But, barring taking away all of the seats because of pre-1995 levels and the reduction from Michelle’s from 65 to 52 and the
inability to use the tight tank to reduce the Title V flow is what he came up with. His recommendation to the board, at this point, would be to entertain an amendment to its decision regarding the plans that were approved. The plans right now that were approved for Buildings A, B and D. Building D had been re-submitted to them with a reduction in the seat for Giovanni’s to 10. At this point he would recommend to the board to amend their decision to approve the September 2004 plans for Building D that were received by the BOH on September 30th, 2004. That showed the reduction from the original permitted seats. But, it was the 3203 GPD and again it gave an aggregate of 9915 GPD. That was where he was at with all of this. |
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Ms. Grady noted that if they could review the paper, which showed the numbers that they were working with were Michelle’s Restaurant at 65 seats, Carbo’s at 58, the barbershop at 3 seats… |
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Mr. Harrington interjected that there happened to be four now that would have to be addressed. |
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Ms. Grady continued by stating that Subway would have 10, Michael’s (Giovanni’s) 56, Mashpee Bagel would have 10 and the Mirage Hair Salon had five seats. Those were the numbers they were working on at the time. |
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Mr. Dalton asked why looking at pre-1995 Carbo’s came in after that and the rest of the restaurants and the entire Building E came in after that. That building did not exist in 1995. He wondered why if they were going to order a reduction below the 10,000 GPD why wasn’t it spread more evenly throughout. They were also not taking anything from Subway and nothing from Mashpee Bagel or Michelle’s Kitchen. They were only taking seats from Mr. Richardi’s two restaurants. They were taking 12 seats from Carbo’s and 21 seats from Giovanni’s. He didn’t understand the rational to have it all focused on those two particular businesses.
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Ms. Grady stated that Subway and the Mashpee Bagel were paper and plastic and it did not give them a lot of leeway. |
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Mr. Dalton agreed that that was true at only 20 GPD rather than the 25 GPD per seat. But, still that was 400 GPD. |
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Mr. Ball asked when Mashpee Bagel came to Deer Crossing. |
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Mr. Harrington stated that Mashpee Bagel started in September of 2000. That unit, Unit T13 back then was Cape Cod Apparel, which was retail 1992. There were no seats in retail. It was a clothing store. |
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Mr. Ball asked when Subway came to Deer Crossing. |
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Mr. Harrington stated that Subway started in September of 2003. |
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Mr. Ball asked if there was any request for an increase in seats at that time. |
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Mr. Dalton stated that Carbo’s had their seats. |
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Mr. Richardi’s stated that they actually had 77 seats when they started. Then they got a notice and it was reduced to 72. Now bringing them back to 58 at Carbo’s…Their mortgage at Carbo’s was almost $500,000.00. Those 12 seats would be a lot. They had the deck and then they lost the deck. Now they were losing more seats inside. |
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Ms. Grady asked when Carbo’s began. |
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Mr. Richardi stated that they opened in 1999. When they bought the place that was what he relied on was exactly what he bought. That was how he got the loan from the bank. Without those twelve seats at Carbo’s it was like going to work and your boss telling you that you can only work three-days per work and not five. He was not trying to be out of line here or the whole nine yards. They made some business decisions with Giovanni’s back in June. If he had know back in January that this was all going to change he would never have been involved with Giovanni’s. He never would have done all of this. Mr. Hajjar was a tough guy to deal with. |
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(The board members continue to discuss the reduction of seats among themselves.) |
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Mr. Richardi stated that he didn’t mind giving up some seats at Giovanni’s. If he could end up with like…He didn’t know. They had 77 at Giovanni’s and at one point in time they had 77 at Carbo’s that got reduced to 72 and then to 70. If he could end up with 70 at Carbo’s and 56 over there he could live with this deal. |
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Mr. Ball felt that they could do this. He could take 12 from…no they couldn’t. |
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Ms. Grady stated that if they could take from Subway and Mashpee Bagel. They didn’t depend on somebody sitting there for business. |
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Ms. Warden had a question. Michelle’s includes the outside dining. She put 55 down this year. She was originally 65. You might have something to work with there. |
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Mr. Ball asked what was on her application. |
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Ms. Hamblin stated that it was 65. It never changed. |
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Ms. Warden asked Mr. Harrington if he didn’t say that he had 55 seats. |
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Mr. Harrington stated that there were 55 originally on the original Title V design plan. All of those 55 at that point were for Michelle’s because Michelle’s was the only restaurant that was original to possibly all of Deer Crossing. But, definitely to Building D. |
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Ms. Warden apologized for her error. |
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Ms. Grady said that that was quite all right. |
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Mr. Ball re-iterated that the only ones they could hit were Subway and the Bagel Shop and that opened up 400 GPD and how many seats. |
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Ms. Grady stated that that would be 10 seats that could go to Carbo’s. That would give them 68 seats. |
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Mr. Richardi stated that he could live with 68 seats. |
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Mr. Dalton stated that that would actually be 11 seats. |
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Ms. Grady agreed that there were 11 seats. |
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Mr. Ball wanted to re-iterate that this was just a working session. |
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Mr. Harrington stated that this was why counsel requested that they get everyone together so that they could figure something out. |
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Mr. Dalton stated that they had been trying to do this since day one. If they recalled way back in the summer the restaurants all got together and agreed to give 17 seats. They tried to do it then. When the board issued their order in June that started things happening finally. Mr. Hajjar came to Michelle’s offered to buy them. Then he sued Mr. Richardi everywhere. They had gone all over the state to defend Mr. Richardi to keep his seats and all of the courts have said that he could not take his seats away. Then when they won up in land court. Mr. Richardi went to Mr. Hajjar and said that he would pay half of the purchase of Michelle’s. He would pay 50% of it if he
would just do that and get the 65 seats. It would solve the whole thing. He would not do it. Then when they issued the order that the board issued last week it took all of the pressure of him and now… |
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Mr. Richardi stated that it took their leverage away. |
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Ms. Grady stated that they had no choice and they had to go by the town counsel’s recommendations. |
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Mr. Richardi understood the board’s position. But, their leverage was totally gone with that. There CAM charges over there have tripled. Their rents have…God forbid there was a little bit of an opening. He would just run you right over. They all understood that he was a businessman. |
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Mr. Dalton added that the big problem was that if you talked about Giovanni’s even though Mr. Richardi says that he could live with 56 seats. He was paying for a 77-seat restaurant in CAM charges and monthly rent. Mr. Hajjar was not going lower that for him. He has to try to survive paying that every month when he hadn’t even opened yet. That was the problem. |
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Mr. Richardi stated that he was paying the rent. |
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Mr. Ball stated that they could get two more seats with 85 GPD left over. With those two gone it would give him 13 seats. |
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Ms. Grady added that it would be 15 GPD below 10,000. |
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Mr. Richardi stated that that would be fine. He would have a nice sitting area and have 50 seats with 10 at the bar and 47 seats for the dining. He would have a sitting area with couches. He would make it work some how. |
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Mr. Ball felt that it sounded pretty good to him. He asked the other board members what they thought. |
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Mr. Santos stated that he was just listening. |
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Ms. Grady said that she noticed that. |
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Mr. Santos stated that they were basically doing what he did not want to do from day one. It was not up to the board to sit here and determine the seating. |
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Ms. Grady agreed with him. But, in hindsight the board had approved more flow over the years than they should have. That was the only reason why they had to work with this problem. |
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Mr. Richardi stated that Mr. Hajjar knew what he bought. It was like buying a pig in a poke. They bought the pig at the poke. He knew what he was buying. |
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Mr. Dalton stated that that was the whole problem with this. He had an engineer tell him that it was over 10,000 GPD. He knew that it was over that amount. He knew that he had problems with it. These guys they just came in and bought a restaurant. When you buy a restaurant all you look at is the number of seats that they had because that was how they made money based on the number of seats. The BOH had since 1997 had approved all the seats every year. Last year they had re-affirmed that they had that number of seats so other business decisions were based on that and money was spent. Everybody thought that these seats were going to be done. The pressure was then on Mr. Hajjar to
bring that complex into compliance not to reduce seats. Well, he has that option to reduce seats. It was really his choice as a business decision to talk to the restauranteurs and try to buy a restaurant to do something with it. Or to get a groundwater discharge permit. The board was in a tough position because they had made decisions that weren’t appropriate. |
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Mr. Ball agreed with Mr. Dalton that they understood they were in a tough position. During the approvals of all of these increases in seats throughout 1997 and on. They always thought that it was under 10,000 GPD. They would never have gone over 10,000 GPD on approvals. |
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Mr. Dalton asked if it was because they had all been dealt with individually and every time somebody came in with a restaurant… |
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Mr. Ball stated that whoever submitted plans to the board with the flows weather knowingly or unknowingly always said that it was under 10,000 GPD. So automatically they said well okay. What did you have to pay with? Well, I have 2000 GPD of flow lets say. Well we’ll give 20 seats, no big deal. Then it came from their Regulation 70 kicked in and it came down that what they actually had was well over. |
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Mr. Dalton stated that what it looked like was that they came in for Building A for example and said what the flows were out there. They had 2000 GPD, but they didn’t look at the whole complex. |
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Mr. Richardi stated that if they had Mr. Charbonneau do it. If he had done it at least they wouldn’t be at the DEP. That was the other timeline. |
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Mr. Harrington stated that Mr. Charbonneau was the one who gained the most out of it. |
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Mr. Richardi continued by stating that in this whole deal it was a pilot system. If he was probably or any of them were in Mr. Hajjar’s seat they would probably be doing the same thing. You couldn’t run everybody over. They were there and they had to deal with it. The board was here and they understood that. They were dealing with it day by day with the guy. Mr. Hajjar had put him through the wringer. |
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Mr. Ball stated that if he fully understood it, the Subway and the bagel shop were the last two to get their seats. |
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Ms. Grady stated that that was correct. |
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Mr. Harrington stated that that was applicable to Building D. |
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Mr. Ball was looking at it using the whole complex. After them no one came in after them with five seats here and four seats there. |
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Mr. Harrington confirmed that there were no other increases. Before you would have to go back to Carbo’s in 1996. That was for the entire build-out because it was approved as office and retail. Then it was changed to the deli market. It was a 2400 square foot addition that wasn’t actually completed until 1997. But, it was permitted in 1995 and 1996. That was the December 22nd, 1995, decision by the board to open up the diverter valve. It went downhill from there because there wasn’t enough capacity to add that 2400 square foot even the office and retail never mind a 58 to 70-seat restaurant. You were going from 150 GPD to 2200 GPD. |
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Mr. Dalton stated that in 1996 the whole complex was actually increased by 25%. Building E was built then, too. They expanded Building A, which was in fact 9% of the whole area. Then they put in Building B, which was 14% of the whole area. Neither of those existed even before. |
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Mr. Harrington stated that some other items that he had run into in his review were also that the septic system, two of the four leaching pits in Building A had failed. So they could address the Building A system soup to nuts. That was something else they needed to discuss. That whole system needed to be upgraded not just to have the septic tanks and the denitrification retrofitted. That was going to be right through the leaching because the reserve areas were no longer in compliance. |
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Mr. Dalton stated that if in fact they were able to go to the DEP. They had tried to communicate with them. If a variance came from this board to allow the existing seating and the DEP was willing to approve that. Would that be acceptable to the board? |
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Ms. Grady asked Mr. Harrington if he hadn’t already said that in other discussions with the DEP. They were adamant about not entertaining any increases. |
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Mr. Santos stated that they had tried talking to the DEP. |
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Mr. Dalton interjected that they wanted to give it one last shot. |
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Mr. Richardi thought that they might have a shot. They will know on Tuesday. |
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Mr. Harrington stated that it was up to the board. |
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Mr. Ball stated that these tight tanks would have made it all go away. |
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Mr. Harrington stated that it would have helped for sure. |
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Mr. Richardi asked again if they could do anything. Would the board be willing to entertain a variance? It would have to come from the town to them. |
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Mr. Ball asked if it would be that they would stay with what they had. |
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Mr. Richardi said that that was correct. That would take everybody out of the … |
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Mr. Ball asked if that would include the Subway and Mashpee Bagel Shop. |
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Mr. Richardi thought that that would work. |
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Mr. Dalton stated that he thought Mr. Richardi would be willing to give up some seats at Giovanni’s. May not the total 77 but if it was necessary. |
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Mr. Richardi continued by stating that if they were able to get a variance and everybody was to keep their seats and they wanted to take their 60 seats and gave them each 10 seats or 67 seats and gave them each 10. That would take care of everybody. He didn’t mind doing that. He was just very confident in what they were going to do there. A nice Italian restaurant over there would do well. He could make it work with 60 seats. If they could get a variance give them each back their seats. |
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Mr. Ball stated that as far as he was concerned he would support them on that and if the DEP went along with it. He would do the best he could to support them. |
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Ms. Grady stated that it would be fine by her too. |
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Mr. Dalton realized that it was an up-hill battle and banging their heads against the wall. They would like to give it a shot. They wanted to see what the board’s feelings were. |
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Mr. Richardi stated that they could not make any promises. But, Tuesday they had a meeting with the DEP. He didn’t know what was going to happen. He had a close friend up there that said he might be able to help. |
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Mr. Ball brought up the possibility of credit for the denitrification again. He wanted to know why they couldn’t do it here. |
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Mr. Dalton was trying to focus on the seasonality of it. They were comparing Fanieul Hall with a restaurant here. When there was nobody here all winter long. |
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Mr. Harrington stated that one thing he got tied up with that and he didn’t go back and look at it because he felt that it was Mr. Hajjar’s responsibility to look at. But, he didn’t have all of the water use numbers. At one point Mr. Hajjar told him that there was one meter for the entire Deer Crossing facility. |
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Mr. Richardi asked if Mr. Harrington was referring to a water meter. |
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Mr. Dalton stated that that was not true. |
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Mr. Harrington stated that he paid on one. There may be other meters for different buildings. But, he was charged for water use through one meter. He got one bill. If there was one…He said that he had never had over 7,000 GPD flow. The only question that he didn’t have or talk to Mr. McGrath about was if that 7,000 GPD was 200% of 3500 or if they had to double the 7,000. He had spoken to Brian Dudley about possibly doing that. If they doubled the 7,000 they would be over the 10,000. If they truly had a water use of 3500 GPD and they were doubling that and getting the 7,000. Then he thought Brian Dudley would probably entertain something like that. |
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Mr. Dalton stated that from October 2002 to October 2003 the last full year that he got the complex had 4300 GPD actual usage. It dropped significantly back in about October 2000 to 2001 it was 8082 GPD. So it was almost half of what it was. So it had dropped down that much in use. He had the bills for each…The gym was no longer. In the Water Department they had a bill for Carbo’s, Building A, Michelle’s, Building B and C and a bill for Building D, True Value, Deer Crossing irrigation. He did understand what Mr. Hajjar was telling him. He got all of these printouts from the water departments. That was what they did last summer. They put them together in order
to show them that the flows were so much less. |
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Mr. Harrington felt that they were on the right track. That was the one area that Mr. Dudley seemed the most soft on as far as using…He did discuss the seasonality as they had discussed. Mr. Dudley’s comments were that was no real so-called season facilities that shut down. Everyone was opened year round there and no one truly shut down for a portion of the year. Mr. Dudley thought that because of that there was no seasonality. No one shut down. Mr. Dudley lives in Yarmouth. He knew what was going on. So he fought the fight that just the basis that the population during the summer on the Cape. He still thought that was his softest issue and he couldn’t
possibly attack on that avenue. |
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Mr. Dalton asked if they couldn’t do something really creative. Like reducing seats in the winter and trying to get it increased in the summer. Drop to 50 seats in both restaurants in the winter when there was nobody here. That wouldn’t even hurt when they didn’t fill up that much. He wasn’t a restaurateur. He was just trying to see if they could get credits then. He thanked the board for their willingness to listen to them. |
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Mr. Harrington re-iterated that it would be Thursday at 2:00 PM for the next working session. |
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Mr. Ball made a motion to continue this agenda item. Mr. Santos seconded the motion. Motion passed. |
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3. |
Review of Draft District of Critical Planning Concern (DCPC) |
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Mr. Ball asked if there was a drop-dead date that they had to respond to. |
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Ms. Grady stated that according to this memo it was January 30th, 2005. |
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Mr. Harrington stated that he had spoken to Mr. Fudala. He would get their comments to them tomorrow. They were not going to discuss them until much later. He already kind of gave him his comments. But, he needed them in writing. His comments mainly were… |
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Ms. Warden stated that this told them that they couldn’t do much of anything. She stated that number 14 on page 9 C and D. They were saying that to repair existing structures they couldn’t do anything. They pretty much saying that to change, alteration, repair or extensions couldn’t be greater than 25% of the floor area of the dwelling. |
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Mr. Harrington added that this was what classes and types of developments should be allowed. This was not… |
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Ms. Warden disagreed. It said, “Unless such upgrade, change, alteration, repair or extension is greater than 25% of the floor area…” |
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Ms. Grady added that or if it required a variance of any sort. |
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Ms. Warden said, “Right.” No it was just strict. |
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Mr. Harrington stated that Mr. Fudala’s recommendation was for them to recommend back to the planning board to take everything up single families out. |
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Mr. Ball agreed with that. |
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Ms. Grady was also in agreement with that. |
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Mr. Harrington added that if they were going to get into having to fight over this emergency work that had to be approved by the Cape Cod Commission when somebody wanted a variance to a sideline or a cellar wall, which was within their jurisdiction. Well, “Hello.” |
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Ms. Grady felt that the DCPC had its time a long time ago. |
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Mr. Ball stated that they had voted it down at the town meeting. |
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Mr. Harrington stated that they were looking for their support or opposition to the overall DCPC and that was something that if they wanted to read through this further and get back to him that would be fine. They needed to keep in mind that they were going to look at it on the 25th. |
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Mr. Ball felt that they could fire a letter off to them. |
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Ms. Grady stated that it was Tuesday. |
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Mr. Ball felt that as far as (I can’t understand what he is saying). Did he want them to vote on it? |
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Mr. Harrington stated that they did not need to vote on anything. This was not a… |
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Mr. Santos stated that he thought that they had voted on something before regarding the moving forward with the DCPC. |
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Mr. Ball and Ms. Grady disagreed with Mr. Santos. They both said that they had discussed it. |
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Ms. Grady added that it was an FYI kind of thing. |
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Mr. Santos asked if the last meeting that he went to he said something he shouldn’t have said. |
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Ms. Grady asked him what he said. |
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Mr. Santos stated that he said that the BOH was in favor of it. |
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Ms. Grady asked him if he did say that. |
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Mr. Santos felt that that was the direction after the conversation that they had. |
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Ms. Grady and Mr. Ball both stated that they were never in favor of the DCPC. |
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Mr. Harrington asked Mr. Santos if that was the meeting that he went to upstairs. |
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Mr. Santos stated that he went to a couple of them upstairs. |
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Mr. Ball stated that it was too restrictive and he was still not in favor. |
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Mr. Santos was said it would the last thing he says on behalf of the BOH. |
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Mr. Harrington stated that Mr. Santos was a yea and Ms. Grady and Mr. Ball were nays. |
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Mr. Santos said that he felt it was a little too little to late. |
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Mr. Harrington wanted him to clarify his position. |
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Mr. Santos stated that he was in agreement with the DCPC. But, he wanted them to omit single- family issues from the process. They were not in favor of it and he wanted the single-family issue kept out. |
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4. |
Review & Sign Accommodation Letter: Christ the King Church |
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Ms. Warden wrote a letter for Ms. Grady to give to thank them for the use of the church for the flu clinics. |
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Ms. Grady wanted Ms. Warden to redo the letter with the necessary corrections. |
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5. |
Title V Variance Request: The Phoenix Group, 177 Uncle Percy’s Road |
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Mr. Harrington noted that Mr. Grotzke was out of the country. He had sent him comments. He had not received any plans. |
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Mr. Santos made a motion to continue the agenda item. Mr. Ball seconded the motion. Motion passed. |
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6. |
Review of Trash Haulers Regulation: Bond Amount |
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Mr. Santos agreed with the earlier recommendation to raise the bond. He didn’t know if he had the information. If these guys due $4,000.00 in a month, what he was trying to say that whatever hauler had the highest amount for a month and set the bond at that figure. For example, if BFI came in and said that they did $6,000.00 worth of business. Then the board could say that they wanted a $6,000.00 bond. |
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Mr. Harrington was thinking more on a penalty basis. Here you had somebody who had been in arrears. As far as Ms. Laurent had said, she had had all kinds of trouble with these guys. |
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Mr. Santos stated that Ms. Laurent said that they have had problems twelve times in the last year. |
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Mr. Harrington stated that as a rule they could say that the first one that they issue could be $1,000.00. If there were problems they could go to three and then five. It made more sense to base it on their gross. That one- month would be behind. |
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Mr. Santos stated that the big boys like BFI and Waste Management. There might be a couple of days. They were always on time. It was the other guys that you have needed to watch. Thee Pina’s, they probably remembered Kathy Pina. But, one thing about her, she wasn’t like these guys. You get right down to the day and her truck would be parked there and you would be going that they were shut off. She would rush right down in her car with a certified bank check and she would be sorry. She would wait a couple more months and then do it to you again. She would wait until the last second… |
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Ms. Warden had been trying to get the board to raise the bond for almost ten years. She didn’t know why but they wouldn’t do it. |
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Mr. Ball liked Mr. Harrington’s idea. |
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Mr. Santos re-iterated that whoever had the highest per month bill. Did they know what he meant? |
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Ms. Warden stated that Ms. Kelleher was very good. She did not let it go beyond Cape Waste being $4,000.00. That was the highest she had ever heard of for being in arrears. That was why she wanted a $5,000.00 from day one. It was still money. It was a surety bond that probably cost them $100.00 per year. |
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Mr. Harrington stated that they paid it monthly too the insurance company. The insurance issued the bond. They could put $5,000.00 in CD or $5,000.00 cash held in an account. There were other ways to do it. But, for those people who did not have the cash up front. They could get it through their insurance company and then pay monthly to the insurance company. Then should something happen the insurance would cover the bond. |
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Mr. Ball asked if they should go right across the board. |
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Ms. Warden did and she wanted $5,000.00. She has wanted it for 10 years. She felt that it was a very safe way for the board to go. |
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Mr. Ball suggested they raise it to $5,000.00 next year. |
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Mr. Santos stated that they had already issued the permits for this year. |
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Ms. Warden stated that she still was waiting for a bond from one of them over there. |
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Mr. Ball asked if they were late. |
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Ms. Warden stated that they were late on the bond. She didn’t send letters. She called. Then Cape Waste had their problems and she let that one go. She thought it was Waste Management. |
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Mr. Harrington stated that there were some insurance bonds needed that to be renewed annually. The other ones were CD’s or cash bonds that were issued and the town was holding. They did not need to be renewed. |
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Ms. Warden noted that the board could do it any time them wanted too. They could change that and it was the beginning of the year and a good time to it. |
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Mr. Ball asked when she called them. |
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Ms. Warden stated that she called them the last week in December. |
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Mr. Santos stated that what she was recommending was $5,000.00. |
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Ms. Warden re-iterated that that was her recommendation. |
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Mr. Santos did not have a problem with that recommendation. However, the point he was trying to make was that the person who had the highest monthly bill should be used to set the bond amount. |
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Ms. Warden thought that BFI or Waste Management would have the highest bill. She thought that $5,000.00 would cover it just fine. |
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Ms. Grady thought that it was silly because they did $4,000.00 for these guys. She thought it would be better to do it at $4,000.00 this year and make it $5,000.00. |
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Ms. Warden stated that she would write them a letter and let them know about the current and future changes. |
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(Further discussion ensued regarding the bond issue amount, who it should effect and when.) |
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Mr. Ball made a motion to raise the bond fee to $4,000.00 in direct conjunction with Section 3 of the Refuse Regulation that says, “All haulers licensed by the Board of Health of the Town of Mashpee must submit a payment bond to the town in the amount $10,000.00 or such lesser amount as determined by the board of health.” This would be effective immediately. Anybody who had not yet submitted their bond for the year 2005 would be required to submit a bond in the new bond amount. It did not affect anyone who had already paid and had the bond established. Ms. Grady seconded the motion. Mr. Santos opposed the motion. |
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OLD BUSINESS |
B. |
Establishment Licenses |
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Mr. Ball made a motion to continue until Thursday at 2:00 PM. Ms. Grady seconded the motion. Motion passed. |
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C. |
Review of Revised Tobacco Regulation |
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Ms. Warden stated that she looked this up and the state was a little different than the BOH’s regulation. The top one was how it should read. |
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Ms. Grady asked if they increased the tobacco permit amount from $5.00 to $50.00. |
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(The tape ends at this point and is replaced by another tape. Unfortunately the same problems that occurred on the first tape happen again. The tape is illegible for a certain part of the meeting and is then picked up again with the following conversation.) |
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D. |
Exxon/Mobil Update |
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Ms. Grady asked Mr. Harrington if it had to be re-inspected after this point. |
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Mr. Harrington stated that they had to take corrective action within 14 days. |
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Ms. Grady stated that it would be December 22nd, 2004. Could they ask if they had a chart that checked the freezer thermometer? |
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Ms. Warden thought that that was reasonable since they had on fellow to do this type of task. |
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Ms. Grady stated that she didn’t want to show. She wanted them to pay attention to it. |
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Mr. Harrington had one of those forms for a restaurant. He could give it to them. It was a Sodexho/Marriott. The woman who taught the Serve Safe course gave it to him. Part of their opening and closing duties is to check all of the temperatures. |
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DISCUSSION: |
A. |
Final Flu Clinic |
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He wanted to let them know that they did four flu clinics with 1647 people got flu vaccine. They normally due 600 so they were way over and above. They also did pneumonia at one clinic and gave 75 pneumonia shots. The last clinic was opened up to Sandwich, Barnstable, Mashpee, Bourne and Barnstable. So they had five towns. Mr. McKean from Barnstable gave the biggest stink about paying and he didn’t even have to pay. He had 205 people, the most, out of anybody who came to this town. |
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Ms. Grady asked if they had many come from the school system. |
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Mr. Harrington stated that they did have a few teachers. There were four people that came through with their teacher badges. They did 340 people in the first 45 minutes. They had a pretty good system down now. Mr. Santos came through with Megan. They didn’t have to way too long. |
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B. |
Town Report |
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Ms. Grady had a couple of questions. Did they not have as many massage facilities as they had before? |
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Ms. Warden stated that she did not get to the massage facilities. It just blew her mind. |
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Mr. Harrington added that they either did all of them once or they were done twice in 2003. |
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Ms. Grady asked about the beach closures. They said zero in 2003, but that was when they had the beach closures. They didn’t have any in the past summer. |
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Ms. Warden stated that they did have them this past summer. |
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Mr. Harrington stated that they didn’t have any in 2003. They had them in 2004. |
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Ms. Grady stated that this summer was 2004. It was the summer before. |
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Mr. Harrington stated that it was 2002. They didn’t have any in 2003. |
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Ms. Grady asked what ones they had this past year. |
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Ms. Warden stated that it was Popponessett Bay. There were two at the Johns Pond areas. They had one at Mashpee Wakeby. |
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Ms. Grady asked if they were called about the beach closings. |
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Ms. Warden stated that the board members were notified. |
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Ms. Grady stated that they closed the beach on the private association. |
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Mr. Harrington stated that that wasn’t even included in that count. |
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Ms. Grady did not even remember getting any phone calls on beaches being closed. |
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Ms. Warden stated that that wasn’t possible. Ms. Caffyn complaining to the board. They had a letter from her that was placed on the agenda. |
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Ms. Grady noted that she knew that they had to be notified. |
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Ms. Warden stated that they all happened in one week. It rained the day before the testing day. They knew everything was going to fail and it did. |
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Ms. Grady asked about the body art inspections. Where were they and who were they? |
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Mr. Harrington stated that there was one who was the nurse. She moved so he did two. |
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Ms. Grady remembered Ms. Billings. How come they got less money for the food permits? |
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Ms. Warden stated that it was when they took them in. It was on a calendar year. They might take them in, in December or in January. But, they did not always average out. |
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C. |
Landfill Update |
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Mr. Harrington stated that Ms. Warden touched based with Bryant regarding the well, W13, the head was still broken off. They thought they had all of them repaired. Bryant stated that he would take care of it. It was just that he couldn’t find it now in the snow. It was broken off about four feet down. So he had to dig down. The pipe was broken. It was the 2” PVC pipe. |
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Mr. Santos asked where it was located. |
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Ms. Warden stated that it was next to the gatehouse. |
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Mr. Santos asked why it was just PVC without a steel casing if is was a water well. |
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Mr. Ball stated that it was in the specs when they put it in and no one caught that. They should have. |
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Mr. Harrington didn’t know. |
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Mr. Santos stated that if nothing else at all it would prevent protection from tampering. |
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Ms. Warden stated that the one over by the gatehouse had a lock on it. Doesn’t it? |
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Mr. Harrington stated that they all did. They all had pressure capes with locks on them. But, they didn’t all have the cast iron risers. |
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Mr. Santos stated that that was why it was broken off. |
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Mr. Harrington stated that even if it had a riser on it they would still ding it. |
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Mr. Santos agreed but it would still have protection and even if they hit they would know it. |
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Mr. Harrington re-iterated that he said that he would take care of it anyways. He had not been out to look at to see which one it was. |
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D. |
2005 Board of Health Public Hearing Schedule |
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Mr. Harrington asked them if they wanted to stay with the first and third or did they want to go to the second and fourth. He did not care either way. |
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Mr. Ball suggested that they play it the way they have been playing it. If they could make it fine. If they couldn’t them oh well. |
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Ms. Grady stated that they were meeting next, which was an extra meeting. |
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Mr. Harrington asked them if they wanted to go two weeks from then and go back on the second and fourth. |
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Ms. Grady stated that they would get to on the third or on the tenth. |
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(Further discussion ensued regarding the next dates for meetings.) |
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Mr. Ball suggested that they tentatively go for the third. |
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Ms. Grady stated that that would be fine with tentative dates being the third and seventeenth. |
E. |
Emergency Planning and Homeland Security by BCDHE |
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Mr. Harrington wanted to let them know that Mr. Heufelder wanted to go before the selectmen and discuss all of the things that they were doing at the regional level through their emergency preparedness sub-committee. They were going to talk about the infectious disease control plan, the emergency dispensing site should there be for flu pandemics, small pox or any other type of action if they were going to have to do a mass vaccination. The DPH had given them a deadline of January 31st, 2005, to come up with four sits to hold mass vaccinations. They were sure if they were going to do the schools and if there was already an event the Quashnet school was the emergency
shelter. They did not want to confuse both items. They didn’t really want to at mid-location because it would bog the emergency response center down for police and fire. So they were still in the process of figuring that out. Chief Baker was involved as the chair of the regional planning committee. There were people who were trying to get the regional emergency planning committee to address this on a regional basis. Mashpee may not have enough people to hold four sites. The protocols they were giving them they needed 85 people per site. They were not going to have three hundred and twenty people just for labor alone to give out shots. They were going from flu, which could be one minute a person to small pox, which was four or five minutes per person. The protocol they gave them was way off. They were basically giving them one minute per person for small pox. It was not realistic. So there were other things that they were addressing. Dr. Mantel had been working with him on
this project and with Sean O’Brian, George Heufelder and George Baker. Chief Baker had been pushing the issue to try and do it regionally. They were all going to be drawing from the same labor force. There was going to be a ton of overlap unless they put a regional plan together. He wanted to make them aware before Mr. Baker comes and they go to a meeting with Selectmen and Mr. Baker explaining why he was there with him. Mr. Baker was going in support of the BOH. They were the ones that were going to have to write the plan. The county was going to be involved with regional to do a regional plan. He wanted to let the board know what they were up as far as the emergency preparedness part of it. There were five different plans that had to be written. That was going to take up a lot of their time. This was also great timing because they were going for another position. It would cut time loose for them to do these projects, which they could not get to because of their volume. |
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Ms. Grady asked if they did have funding for that though. |
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Mr. Harrington didn’t know where the funding went. |
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Ms. Warden stated that they would have to create the position at town meeting. |
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F. |
Persy’s Restaurant |
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Ms. Grady asked for an update. They came before the board. She wasn’t real happy with them. |
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Mr. Harrington stated that they paid the fine. Mr. Santos put them on probation. They had not been back. But, he didn’t think there was any reason to return. They had addressed all of the violations. |
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Mr. Santos stated that the last thing that they were waiting for was the grates that were on order. |
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Ms. Warden stated that she should probably go back there. She did not want to go back there too quickly because they wanted to give them time. Personally she worried about harassment type thing. |
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Ms. Grady felt that there had been plenty of time now. |
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Mr. Harrington stated that he did not remember any one thing because they had taken care of all of the violations. |
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Ms. Grady stated that a lot of that had to do with the summer season with the open doors and flies. |
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Mr. Harrington stated that the walk-in was in bad shape. They had given them a time line as far as replacing that piece of equipment. |
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Mr. Santos stated that he understood that when they came in front of them they agreed to pay the fine. There was something about the grates and shelves. He had them on order and they were supposed to arrive in a couple of days. |
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Mr. Harrington recalled that issue. |
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Being no further business, Mr. Santos made a motion to adjourn the meeting. Mr. Ball seconded the motion. Motion passed. |
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Respectfully submitted by, |
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Charlotte A. Garron, Administrative Secretary |
