TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of June 16, 2005
Board Attendees: Also Present:
Glenn Santos, Chairman Glen Harrington, Health Agent
Steven Ball, Co-Chairman Veronica Warden, Assistant Health Agent
Lucy Burton, Clerk
Chairman Glenn Santos called the meeting to order at 7:00 PM.
APPOINTMENTS
Mark Dedecko/Kevin Kirrane - #5 Equestrian Drive
Mark Dedecko and Jack Craven introduced themselves to the Board.
Glen Harrington gave a review of the situation at #5 Equestrian Drive. He stated that the Board of Health files recently reviewed reported violations regarding septic issues at the above-referenced property. No O & M contract has been submitted to the BOH. This is in violation of the DEP “Certification for General Use” innovative alternative approval letter for the FAST technology. The O & M was required to be submitted prior to occupancy of the dwelling.
The originally approved Title V design plan from Ferreira Associates, dated 8/15/00, depicted a conventional septic system rather than the installed FAST denitrification system. The licensed installer installed a system other than what was approved. DEP requires that the owner shall provide a copy of the DEP’s certification letter to a new owner prior to signing a purchase and sale agreement. The current owner does not have an O & M for the property and has been cited accordingly. As there was no O & M in place at the time of the sale and the current owner has no O & M, it appears that no notification took place to the new owner of his new responsibilities with an innovative/alternative system. This is in violation of the DEP Certification letter and Title V.
Manny Barrows was the septic installer. When the system was installed, the blower to the FAST system was put over the property line onto #11 Equestrian Drive. The owner contacted Mr. Dedecko, who went back and made certain the blower was left on #11. However, in the process, the piping and the original blower were left on #5 Equestrian Drive. Glen Harrington wrote a letter to Mr. Barrows telling him to take care of the remaining piping and the housing unit for the blower at #5 Equestrian Drive. Glen Harrington also wrote a letter to Mark Dedecko requesting a copy of the Title V design that showed what septic system had to be installed, and asking why the work wasn’t being done. The time lines have been exceeded as far as getting the work done.
Mr Dedecko stated that he does not know why there is no design plan on file with the BOH that shows the FAST system as a component part of the unit. Mr. Dedecko has asked his engineer, Ferreira Associates, to try to locate a plan. He stated further that it would be possible to create a plan, should none be found. As to why the work was not being done, Mr. Dedecko explained that in order to do an inspection of the system, risers need to be installed. The owner of the property will not allow anyone on the property to do any work of this nature. Mr. Dedecko stated that the service contract and testings have been pre-paid, and he is willing to do the work. The service contract was invoiced on 4/09/02 for $370, and an invoice for four pre-paid testings for $1,070 was paid on 4/08/02.
The company doing the testing will not perform the test until the risers are installed. Mr. Dedecko is trying to work out a settlement agreement to incorporate the ability to go on the site to install the risers so the testing can be done. Glen Harrington stated again that the current owner has been cited by the BOH for noncompliance to the DEP requirement to have an O & M contract.
Glenn Santos moved that the Board continue the investigation, with the stipulation that before the next BOH meeting on June 30th, a plan of the septic system that was put in the ground by Ferreira Associates be delivered to the BOH, because at this point, Ferreira, the installer and the previous owner are all in violation and the As-Built is worthless without the proper plans. Mr. Dedecko will need to work toward getting a signed document within the next 30 days, allowing access to the property at #5 Equestrian Drive. Lucy Burton seconded the motion. All agreed.
Robert Bateman – 55 Pequot Avenue
Robert Bateman introduced himself to the Board.
Glen Harrington stated that Mr. Bateman wants to put a 3 bedroom home on a property in Zone 2, using a nitrogen hydrogenation plan. Mr. Bateman proposes to use # 74 Ninigret Avenue as credit land, a 15,000 square foot abutting property, to give a sum total of 31,500 square feet, which is good for one bedroom per 10,000 square feet. He has provided the Title V Nitrogen Loading Restriction and Easement on facility land, which is the correct appendix and guidelines to use for registry of deeds and for the DEP review. It is in draft form now, but once approved it will be finalized and recorded, with a copy given to the BOH. After BOH approval, Mr. Bateman will need to get DEP approval as well. Mr. Bateman clarified that he owns each of the properties, and none of the properties are tied to other lots.
Steven Ball moved that the BOH approve a three bedroom denitrogenation plan for 55 Pequot Avenue, pending DEP approval and the registry of deeds recording of the grant of the Title V easement. Lucy Burton seconded the motion. All approved.
NEW BUSINESS
Sign Warrants
Warrants were signed by the Board members
Approval of Minutes
The Board members agreed that the minutes from the 1/20/05 and 2/17/05 had so many necessary corrections that it was not feasible to attempt to revise them at a Board meeting. Veronica Warden agreed to go through both documents and make corrections for approval at the next Board meeting.
Steven Ball moved that approval of the minutes from the meetings of 1/20/05 and 2/17/05 be continued to the next Board meeting. Lucy Burton seconded the motion. All approved.
Minutes from the March 3, 2005 meeting were corrected as follows:
Page 1, paragraph 3, line 10, not should read note. Line 12, closure should read closer.
Page 2, paragraph 1, line 9, closure should read closer.
Page 8, paragraph 4, cite plan should read site plan
Steven Ball moved that the minutes from the 3/03/05 meeting be approved as corrected. Lucy Burton seconded the motion. All approved.
Minutes from the June 2, 2005 meeting were corrected as follows: Page 2, paragraph 6, line 3, Trump Road should read Trout Brook Road.
Steven Ball moved that the minutes from the 6/02/05 Board meeting be approved as corrected. Lucy Burton seconded the motion. All approved.
Lucy Burton moved that the minutes from the 6/10/05 meeting be placed on the agenda. Glenn Santos seconded the motion. All approved.
Minutes from the 6/10/05 Board meeting were corrected as follows: Page 1, paragraph 4, line l, signed off on should read agreed with my inspection report.
Lucy Burton moved that the minutes from the 6/10/05 meeting be approved as corrected. Glenn Santos seconded the motion. All approved.
Temporary Food Permits – Mashpee Pow-Wow July 2, 3, 4 – 10 Vendors
Glen Harrington stated that the normal vendor fee is $25 per day. In the past, the Wampanoag Tribe has been charged just $25 for the entire 3 days. Glen asked whether the Board wanted to enforce the $25 per vendor per day fee, or continue with just $25 for the event which goes for 3 days.
Lucy Burton moved that the Board approve a $25 temporary vendor fee, per vendor, to cover the three-day Mashpee Wampanoag Pow Wow event. The temporary vendor fee covers the following ten vendors: Tanya Rezendez, Veronica Perry, Gerry Hicks, Glenn Marshall, Cheryl Frye, Milton Frye, Joan Avant, Mashpee VFW, Vanessa Mendes, and Anne Brown. Steven Ball seconded the motion. All approved.
Temporary Food Permits – Mashpee Community Picnic, 7/05/05 – 6 Vendors
Glen Harrington commented that this event is sponsored by Gus Frederic’s Leisure Services Department. With regard to the Cape Cod Chicken vendor, Glen Harrington stated that he would like to have the chicken be pre-cooked and not prepared onsite. Veronica Warden stated that none of the vendors have Serve Safe certificates.
Lucy Burton moved that the temporary food permits be approved, pending receipt of fees, for the following five vendors: Mashpee High School Boosters Club, Cape Cod Children’s Museum, Don Donahue, Vito Marotta, and Mashpee Rotary Club. The sixth vendor, Cape Cod Chicken, will be approved, with the stipulation that the chicken be pre-cooked, the fee is paid, and receipt of a Serve Safe certificate for the vendor. Steven Ball seconded the motion. All agreed.
New Residential Kitchen Permit Application: Red Feather Bread – 197 Great Neck Rd. North
Veronica Warden requested that the Board approve the residential kitchen permit application, pending inspection and Serve Safe certification.
Glen Harrington commented that we need a list of all items made, to be submitted with her application. Eggs and milk and other potentially hazardous goods can be used to make the ingredients but they can’t be potentially hazardous as a final product. All other general requirements of a residential kitchen must be met, which will need to be checked at an inspection by an agent prior to issuance of the permit.
Steven Ball moved that the Board approve the new residential kitchen permit for Red Feather Bread, pending meeting of the above requirements outlined by Glen Harrington. Lucy Burton seconded the motion. All approved.
New Food Establishment Permit Application: Cotuit Oyster Co., Unit 31, 46 Nicoletta Way
Glen Harrington commented that this is a straight cold storage facility for oysters and shellfish. There will be no sale, and no processing.
Steven Ball moved that the Board approve the new food establishment permit application for Cotuit Oyster Company. Lucy Burton seconded the motion. All approved.
New Food Establishment Permit Application: Liquor Warehouse, 684 Falmouth Road
Glen Harrington commented that there was no change in business, and recommended approval.
Lucy Burton moved that the Board approve the new food establishment permit application for Liquor Warehouse, 684 Falmouth Road. Steven Ball seconded the motion. All approved.
Glenn Santos moved that the request for a tobacco sales permit for the Liquor Warehouse be added to the agenda.
Lucy Burton seconded the motion. All approved.
Steven Ball moved that the Board approve issuance of a 2005 tobacco license to Seabury Spirits, DBA Liquor Warehouse. Lucy Burton seconded the motion. All approved.
Subdivision Plan Review: South Cape Village, Preliminary Plan
Glen Harrington stated that the plan was revised to make corrections on Shell Back and Commercial Street to comply with the Planning Board requirements. Glen had no comments other than that the $50 review fee had not yet been received.
Steven Ball moved that the Board approve the preliminary subdivision plan for South Cape Village, pending receipt of the $50 review fee. Lucy Burton seconded the motion. All approved.
Subdivision Plan Review: Revised Flat Pond Subdivision, New Seabury
Glen commented that all properties are tied into waste water treatment plant. He looked into storm water, and everything looks okay. It will be going into retention areas, and they have subsurface catch basins as well. This area is part of the New Seabury Cape Cod Commission resolution for Section V. There will be 51 multiple dwelling units on 27 lots. Building permits are currently being reviewed.
Steven Ball moved that the revised Flat Pond subdivision plan for New Seabury, dated 5/18/05, be approved as submitted. Lucy Burton seconded the motion. All approved.
Septic Inspection Regulation Variance Request; Maushop Village Condominium
Glen Harrington commented that because Maushop Village is a condominium, inspections are done every three years. A & B Canco was the contractor hired to do the necessary repairs. There were 12 or 13 D boxes that were done before Memorial Day, which is the cutoff date in New Seabury for repair work, to be resumed the following October. Four bull run valves were not replaced by the end of May. If there were going to be any transfers for these properties, there would have to be a variance request approved before any transfers could take place.because the inspection report still states “conditional pass” and our regulation states that conditional passes have to be fixed before any property transfers occur. The managing agent for Maushop Village Condominiums is therefore requesting a
waiver until October 30, 2005 to replace the bull run valve on four systems which are located in the main road of Maushop Village.
Steven Ball asked for clarification as to which four systems needed to be replaced. Also, the $40 fee for the variance request had not been received.
Steven Ball moved continuance of the variance request until clarification was received as to which systems needed to be replaced, and the $40 fee was received. Glenn Santos seconded the motion. All approved.
Title V Variance Request – 11 Ocean Bluff
Glen Harrington commented that the owner of the property wants to install an irrigation well, and there is very little room on the property. Title V requires a 25 foot setback, and they have only 16 feet. Steven Ball stated that if they can do a hand drill and do a 25 foot setback, they don’t need a variance.
Steven Ball moved that the variance request be denied. Glenn Santos seconded the motion. All approved.
OLD BUSINESS
La Plaza del Sol.
Glenn Santos recommended that the protective fiberglass dome extending 4 to 5 feet aboveground, covering the treatment system, should have protection around it to prevent any wayward vehicles from crashing into it.
Deer Crossing.
Steven Ball asked about the status of the revised plans from DEP. Glen Harrington stated that he will call to inquire about the plans so the BOH can give final approval.
DISCUSSION
Landfill Update – Glenn Santos.
Glenn Santos reported that he went to the landfill and showed Ron St. Michel, engineering consultant hired by BOH, where the damaged vents were and what we had to do to fix them. Ron concurred. Glen showed Ron the vents damaged by the four-wheelers. Glen then spoke to Catherine, who is going to write up a work order for the necessary repairs. Glen also talked to Ron about looking into cutting a deal with a farmer to cut the landfill so that the DPW doesn’t have to cut it, and let the farmer take the hay for bedding.
Report on New DEP Commissioner – Glen Harrington.
Glen reported that the new DEP Commissioner is looking for new sources of revenue, and has begun levying heavy fines in Duxbury and Franklin. A new satellite office is planned for opening on the Cape. Therefore, any Mashpee transfer station activity that is out of compliance needs to be corrected immediately to avoid being hit by huge fines by the DEP.
AFCEE (Air Force Center for Environmental Excellence) Beach Sampling Program
Glen Harrington stated that there was an agreement in place that was done each year for a certain amount of money to be set aside for the Board to do the sampling. For a couple of years it didn’t get done, due to circumstances beyond the Board’s control.
Steven Ball moved that the BOH send a letter to Mike Minior, AFCEE, asking why the contract has not been renewed, and requesting that it be reinstated. Glenn Santos seconded the motion. All agreed.
Fee for Pool Inspections – Veronica Warden
Veronica Warden stated that she has encountered numerous frustrations in her attempts to conduct secondary inspections prior to pool openings, i.e., there are padlocks on the pumphouse prohibiting her access, or the pool is closed, and one pool was open even though it had not been inspected. Therefore, Ms. Warden would like to recommend amendment of the fee schedule to include second inspections for pool reinspection at $25, to be consistent with the reinspection of the septic fee.
Steven Ball moved that the fee schedule be amended to include a fee for reinspection of the pools, to be set at $25, to be consistent with the septic reinspection fee of $25. Lucy Burton seconded the motion. All approved.
Fishkill – Glen Harrington.
Glen reported that 150 to 200 yellow perch died in Wakeby Pond on the Sandwich side of the pond. Veronica Warden notified the Dept. of Freshwater Fisheries, who sent their people out to investigate, who reported that it was a bacteria associated with spawning, not a reaction to temperature change. Cape Cod Times was notified, as well as Joyce Mason and Perry Ellis.
Dunkin Donuts Closure – Glen Harrington
Glen reported closure of Dunkin’ Donuts on Rt. 151 on June 14th, 2005 upon information that the establishment had no hot water. A district manager as well as general manager were there, and they opened the establishment with no hot water. An intern contacted the BOH who immediately closed the store until a new hot water heater was installed. Veronica Warden went back to check the newly installed heater, and it was 110 degrees, so the store was reopened.
The next meeting of the Board of Health was scheduled for Thursday, June 30, 2005, 7:00 PM at the Board of Health office. As there was no further business, the meeting was adjourned at 9:00 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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