TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Thursday, January 5, 2006
Board Members Present: 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 7:03 PM.
APPOINTMENTS
Stable Regulation Variance Request – 32 Christopher Lane – Neil DuPont
Neil DuPont introduced himself to the Board. Veronica Warden reported that during an inspection of the paddock on the property by Veronica Warden and June Daley, Animal Control Officer, it was determined that the distance between the paddock and the fence around the house did not meet the BOH regulations. The paddock is just 38 feet from the fence around the house and it should be no less than 50 feet. Mr. DuPont stated that he met with the Building Dept. before putting the fence up, but did not realize, when he put the fence up, that the paddock should be 50 feet from the fence.
Lucy Burton made the following points: (1) Mr. DuPont had met with the Building Department before building the fence and should have known about the regulation. (2) There is a Day Care Center in a room in the house nearest to the paddock. (3) The property at 32 Christopher Lane has ample room to allow Mr. DuPont to relocate the fence so that it meets the 50’ requirement. For these reasons, Lucy Burton’s feeling was that the BOH should deny Mr. DuPont’s stable regulation variance request. Glen Harrington concurred with this.
When asked how many horses he had, Mr. DuPont stated that he does not have any horses at the present time. He stated that he had one horse and it died last Sunday. He stated that this had committed a hardship for his family. Mr. DuPont remarked that June Daley would be happy to hear that the horse had died and he was sure she would be throwing a party to celebrate.
Mr. DuPont suggested that since he does not presently have a horse, he could wait to move the fence until such time as he gets a horse. Mr. DuPont further stated that he probably won’t be getting a horse soon, since the Animal Control Officer in Mashpee is ridiculous, and he is thinking about getting rid of his dog, that’s how much he does not want her on his property. When asked by the Board why June Daley was “busting” Mr. DuPont, he replied that he didn’t know, but that she has been “busting” him for the entire 18 years he has lived in Mashpee, and he had no idea what her problem was. Mr. DuPont stated again that he has no intention of getting a horse any time soon.
Lucy Burton made a motion to deny the request by Mr. DuPont for a variance on the Stable Regulation, and that until Mr. DuPont acquires a horse (or horses) he would not be required to move the fence. Glenn Santos seconded the motion. All approved.
OLD BUSINESS
1. “Best Buy Beverage” - V.O.C. and General Water Test Analysis Results
Glen Harrington reported that he had taken a test sample and the nitrate as nitrogen came back at 14 with the MCL of 10. The sodium came back at 20, with the MCL of 20. Glen Harrington recommended that Best Buy Beverage continue to ‘cease and desist’ selling ice until a clean water sample is taken. Arthur DePaul Sr., representing Best Buy Beverage, introduced himself to the Board. He stated that he has not been making ice and will continue to cease doing so until a clean sample is taken. Glen Harrington stated that he would return to take another sample. Mr. DePaul will return to the next BOH meeting on January 19, 2006. If the test sample is clean, the BOH will remove the Cease and Desist order for Mr. DePaul.
Lucy Burton made a motion to add to the agenda the business of Johnny’s Tune & Lube. Glenn Santos seconded the motion. All approved.
2. Johnny’s Tune & Lube
Jack Hatem, representing Johnny’s Tune & Lube, introduced himself to the Board. Glen Harrington reported that since the last BOH meeting, Johnny’s Tune & Lube Tobacco Sales application had been submitted, and the fine has been paid. Glen Harrington recommended that a final inspection by a Health Agent be done to ensure the proper signage is in place. Glen Harrington reported that the ZBA has given approval that a convenience store has the right to sell the smallest unit of cigarettes, i.e., a pack, or a can of soda.
Lucy Burton made a motion that the application from Johnny’s Tune & Lube for a Tobacco Sales Permit be approved, pending inspection by Glen Harrington that the proper tobacco regulation signage is in place. Steven Ball seconded the motion. All approved.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Approval of Minutes of 12/15/05 Public Meeting and Executive Session
Lucy Burton moved that the minutes from the 12/15/05 Public Meeting be approved as submitted. Steven Ball seconded the motion. All approved.
Approval of minutes from the 12/15/05 Executive Session were continued to the next Board of Health Public Meeting after settlement of the issue of the validity of the BOH refuse regulation.
3. Variance Request - 57 Seconsett Island Road
John P. Slavinsky, engineer representing Cape & Islands Engineering, is planning to build a new 3 bedroom house on the property, and is requesting the following 310 CMR 15.211 distance variances:
The soil absorption system will be 5’ from the rear property line (10’ required)
The soil absorption will be 15’ from the cellar wall (20 ‘required)
The reserve area will be 4’ off the side property line.
The soil absorption system will be 141’ from the well at house 56 (150’ required)
The soil absorption system will be 112’ from the well at house 61 (150’ required)
The reserve area will be 118’ from the well at house 56 (150’ required)
The reserve area will be 130’ from the well at house 61 (150’ required)
Because Mr. Slavinsky has not given evidence that he has notified the abutters, the variance requests could not be approved.
Glenn Santos moved that Mr. Slavinsky’s variance requests be continued to the next BOH meeting after the abutters have been notified. Steven Ball seconded the motion. All approved.
4. Food Establishment 2006 Permit Request – Café de la Terre.
Glen Harrington reported that the new Café de la Terre will be located at 25 Market Street in Mashpee Commons. The owners have kept the BOH up to date with building plans as they progress. Glen Harrington recommended that the BOH approve the permit, pending approval of the final building inspection.
Lucy Burton moved that the BOH approve the Café de la Terre food establishment permit application, pending the approval of the final building inspection. Glenn Santos seconded the motion. All approved.
5. Request for One Year Septic Permit Extension – 10 Edgewater Drive
Glen Harrington stated that the DEP approved the septic installation plan for 10 Edgewater Drive on 1/13/03.
Steven Ball moved that the BOH approve the request for a one-year extension on approval for the septic installation for 10 Edgewater Drive in Mashpee. Lucy Burton seconded the motion. All approved.
6. Variance Requests – Lot 4, Great Oak Road (Bay Point, LLC)
Mike McGrath of Holmes & McGrath, Inc., Civil Engineers and Land Surveyors, introduced himself to the Board. He is requesting approval of an Innovative and Alternative Technology, a RUCK CFT denitrification sewage disposal system, as well as a request for two variances, from the BOH. First, variance from Regulation #28 (1) requiring a 150-foot setback to the top of the coastal bank; the proposed setback is 93 feet. Second, variance from Regulation #28 (4) requiring a 10-foot separation between the sewer lines and water lines; the proposal is to sleeve the sewer lines if within 10 feet of a water line.
Lucy Burton made a motion that the BOH approve the two variance requests as stated above, noting that the proposed setback in variance request #2 is 93 feet, not 98 feet as stated in the letter from Holmes & McGrath, dated 12/23/05; that the sewer lines will be encased if within 10 feet of a water line; and further, that a $50,000 insurance bond is required from Bay Point LLC, should the leaching fields fail. Steven Ball seconded the motion. All approved.
7. Request to Waive 2006 Retail Food Fee – St. Vincent DePaul Food Pantry
Steven Ball made a motion to approve the request from St. Vincent DePaul Food Pantry to waive the fee for the Food Establishment Permit Application. Lucy Burton seconded the motion. All approved.
8. Title V Variance Request – 12 Wheeler Road
Glen Harrington requested that the Board give him more time to review, given that there was not enough detail given with the request.
Steven Ball made a motion to continue the request to the next Board meeting. Lucy Burton seconded the motion. All approved.
9. Commercial Plan Approval – 78 Industrial Drive
This lot is directly across the street from the Water District. The proposed building is for commercial bays.
After the BOH reviewed the proposed commercial plan, Lucy Burton made a motion to approve the plan as presented, with the stipulation that a revised plan include the restriction that no engine or automotive repair is to be allowed on site. Glenn Santos seconded the motion. All approved.
10. Review of Proposed Regulation - “Upgrading Systems Consisting of One or More Cesspools”
Glen Harrington reported that he had gotten additional information about what other Towns had done, to get some other options as to the timing and the wording of the regulation. Town of Sandwich says that properties that have cesspools serving as a subsurface disposal works are deemed automatically failed and must be upgraded to conform to the provisions of state and local regulations relative to the installation of subsurface disposal works within one year of property transfer. Barnstable says that cesspools with overflow are not an automatic fail. However, a single cesspool at the building permit process must be upgraded. The Board finally agreed on the following proposal for cesspool regulation:
(1) Cesspool inspection is an automatic failure.
(2 Inspection for transfer of ownership of property – cesspool must be upgraded prior to the sale.
(3) Change of footprint of structure – cesspool must be upgraded at the time of the addition.
Glen Harrington will rewrite the proposed cesspool regulation for Board review at their next meeting.
DISCUSSION 1. Amendment to Body Art Regulation. Veronica Warden reviewed with
the Board a new draft of the BOH Body Art Regulation. Changes include the following:
Page 5, O – Proof shall be provided to the Board that all practitioners have completed the hepatitis B vaccination series prior to issuance of the permit (of Health removed)
Page 7, I – The mixing of approved inks, dyes or pigments or their dilution with potable water is acceptable. Immediately before a tattoo is applied, the quantity of the dye to be used shall be transferred from the dye bottle and placed into single-use disposable capped containers (was paper cups or plastic cups).
Page 8, 124.13 Tattoo Removal (NEW) Tattoo removal, for the purposes of this regulation, shall be considered a medical removal procedure. A Physician registered by the Board of Registration in Medicine pursuant to M.G.L.c112 2 as a qualified physician, shall perform the removal procedure. Removal is restricted to a hospital surgical setting.
The Board agreed to add an additional section, 124.14 Body Piercing. Veronica Warden will continue to work on revising body piercing regulations, setting up the conditions upon which it can be done. Body piercing cannot be prohibited across the board because of State rulings which allow body piercing.
2. Letter of Thanks to Christ the King Church. Glen Harrington reported that a letter had been sent to Christ the King Church thanking them for the use of the facility for the Flu Clinics.
3. Board of Health 2005 Annual Report to the Town. Glen Harrington distributed copies of the report he had prepared. It was suggested that mention be made of the addition of Marita Scott to the BOH staff as the new Administrative Secretary. Glenn Santos suggested embellishing the concluding remarks found on page 4, adding that Glenn Santos, BOH Chairman, would like to thank Veronica Warden and Glen Harrington for their hard work during the year, their diligence in meeting all state regulations, etc. Lucy Burton asked that her middle initial, B., be included in her name listing as a BOH member, at the conclusion of the report.
The next meeting of the Board of Health was scheduled for Thursday, January 19, 2006, in Conference Room 1, Town Hall, at 7:00 PM. As there was no further business, the meeting was adjourned at 8:55 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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