TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Thursday, January 19, 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
1. Shari Tetreault – Variance – Part IX S.9.
Glen Harrington reported that Shari Tetreault’s septic was failed upon transfer inspection and the property was still serviced by the well which was not 150 feet from the septic. Ms. Tetreault was told she would be required to connect to town water. She initially did not want to have to do this, due to the high cost involved, but finally agreed to do so. Therefore, this appointment was removed from the agenda.
2. 27 Prestwick Lane –“Show Cause” Hearing.
Glen Harrington stated that this hearing has been scheduled for the February 2, 2006 BOH meeting.
3. 254 Surf Drive – “Show Cause” Hearing.
Glen Harrington stated that this hearing has been scheduled for the February 2, 2006 BOH meeting.
OLD BUSINESS
1. Best Buy Beverage – Re-sampled Well Results
Glen Harrington reported that on Friday, January 6th he had gone back to re-test the water at 13 Echo Road. The test results came back indicating that the nitrate level is at 14, above the recommended MCL of 10. Also the sodium level is at 22, above the MCL recommended level of 20.
Arthur DePaul, representing Best Buy Beverage Company, introduced himself to the Board. He stated that he felt it was apparent that it was necessary for him to go ahead and install town water. Mr. DePaul has already spoken to a couple of contractors about doing the work, but requested that the Board allow him some time in order to get the job completed. Mr. DePaul stated that he will not be making any ice until the Town Water is hooked up.
Glenn Santos made a motion that Mr.DePaul should arrange to have the property at 13 Echo Road connected up to Town water as soon as possible, and that Best Buy Beverage should cease to make any ice until the hookup is completed. Lucy Burton seconded the motion. All approved.
2, Title V Variance Request – 57 Seconsett Island Road - Cape & Islands Engineering
John Slavinsky, representing Cape & Islands Engineering, introduced himself to the Board. Mr. Slavinsky stated that the existing house is a 3 bedroom house, serviced by a cesspool. The plan is to tear down the house and rebuild with a new 3 bedroom house. Mr. Slavinsky displayed the actual plan of the new house. He stated that the abutters had been notified of the plans for the new house. The variances requested to the Board of Health by Mr. Slavinsky are outlined in a letter from him dated December 9, 2006. Lucy Burton noted that the last variance approval request included in the letter was not included on the plan, that the reserve area will be 130’ from the well at house #61 (150 ft.required). Mr. Slavinsky stated that he would add this to the plan.
Glen Harrington recommended that Mr. Slavinsky maintain a distance of 71/2 ft.x 43 ft. from the soil absorption system to the cellar wall.
Mike O’Connell introduced himself to the Board, and explained that he was representing the abutter who lives at #53 Seconsett Island Road, to the right of #57. Mr. O’Connell stated that the abutter was concerned about where the septic system was going, and how close it would be to the house at #53. The basement at #53 is just a half basement crawl space. Glen Harrington stated that the required setback for a crawl space cellar is 10 feet. If the house at #53 is already 10 feet off the property line, there is no problem with any septic leaching effluent migration.
Lucy Burton made a motion to approve the plans as presented by Mr. Slavinsky with the variance requests as outlined in his letter dated 12/09/05 to the Board of Health, pending the addition of two professional stamps to the plan: the Land Surveyor’s stamp, and the Professional Engineer’s stamp. Glenn Santos seconded the motion. All approved.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Approve Minutes of January 5, 2006. Minutes from the meeting of 1/05/06 were corrected as follows:
- page 1, under APPOINTMENTS, Stable Regulation Variance, line 4, change the title Warden to Officer.
- page 2, under NEW BUSINESS, Variance Request 57 Seconsett Island Rd., line 1, after Mr. Slavinsky, add “engineer representing Cape & Islands Engineering”
- page 3, paragraph 4, line 4, change Holmes & McGrath, Inc. to Bay Point LLC.
- page 3, paragraph 8, line 1, change the words office space to “commercial bays”.
- page 4, paragraph 7, line 3, correct typo from treansferred to “transferred”.
- page 4, paragraph 11, line 3, change the word Assistant to “Secretary”
Lucy Burton made a motion to approve as corrected the minutes from the meeting of 1/05/06. Steven Ball seconded the motion. All approved.
3. Request for 2006 Food Establishment Permit – Taylor’s Family Restaurant
Glen Harrington noted that this is the location of the old Flume Restaurant. They broke ground today, and plan to put in a denite system.
Glenn Santos made a motion that the request for Taylor’s Food Establishment Permit be denied until the following conditions have been met:
- installation of denite system
- submission of the menu
- submission of the ServSafe certificate
- submission of floor plan
- inspection prior to opening by the Health Agent
- certificate of compliance received
Steven Ball seconded the motion. All approved.
4. Request for 2006 Food Establishment Permit – Emack and Bolio’s Ice Cream
Glen Harrington noted that this establishment is going into the old Ben & Jerry’s in the Popponesset Market Place. Glen stated that he has a copy of the floor plan but has not seen the menu as yet, or the ServSafe certificate.
Lucy Burton made a motion to approve the request by Emack & Bolio for their Food Establishment Permit, pending receipt of a copy of the menu and the ServSafe certificate, and inspection by the Health Agent prior to the opening of the establishment. Steven Ball seconded the motion. All approved.
5. Tobacco Regulation Violation – The Barn.
Glen Harrington reported that on 1/10/06 he went to the Barn to see what type of slush ice machine they had. This was in response to a request from the State to inspect all facilities that had slush ice machines, to determine whether they made ice by the batch in the machine. While at the Barn, Glen noted that there still were tobacco products such as chewing tobacco and blunts, tobacco material that is rolled into tobacco paper, at the counter by the cash register. This is in violation of State regulations that prohibit these materials to be on the counter within reach of customers. In December of 2004 the Barn was cited for selling to a minor. The Barn was not fined at the time but was given a warning. Glen gave the schedule of fines for offenses as follows: first offense, $100; second offense,
$200; third offense, $300; each offense after the third offense, $500.
Lucy Burton was of the opinion that essentially this amounts to a second violation for The Barn. Their first violation in December 2004 was committed against a different section of the same Tobacco Regulation that regulates the selling of tobacco to minors.
Lucy Burton made a motion that the Board fine The Barn $200 for a second tobacco regulation violation offense. The Barn will be notified of the fine by certified letter from the BOH, stipulating the requirement to pay the fine within one week of receipt of the letter. If the fine is not paid within one week of receipt of the letter, The Barn tobacco permit will be revoked until after a “Show Cause” hearing is held before the Board of Health. Steven Ball seconded the motion. All approved.
6. Tobacco Regulation Violation - The Country Store
Glen Harrington reported receipt of notification from the Tobacco Control program that a sale of tobacco had been made to a minor at The Country Store in Mashpee.
On June 29, 2005, during inspection of The Country Store, Glen Harrington had observed cigars on the front counter within reach of minors. In July, 2005 The Country Store was fined $100 for being in violation of 940 CMR 21.00 “Sales and Distribution of Cigars in MA, section 22.06 (2) (d). The Country Store paid the $100 fine in July 2005.
The first tobacco regulation violation committed by The Country Store in June of 2005 was committed against a different section of the same tobacco regulation that regulates the selling of tobacco to minors. Therefore, the violation committed by The Country Store in January 2006 constitutes their second offense.
Glenn Santos made a motion to fine The Country Store $200 for a second tobacco regulation violation offense. The Country Store will be notified of the fine by certified letter from the BOH, stipulating the requirement to pay the fine within one week of receipt of the letter. If the fine is not paid within one week of receipt of the letter, The Country Store tobacco permit will be revoked until after a “Show Cause” hearing is held before the Board of Health. Lucy Burton seconded the motion. All approved.
7. Review of Proposed Regulation for Upgrading Systems Consisting of One or More Cesspools.
Glen Harrington distributed copies of a reviewed draft of the proposed regulation to upgrade systems consisting of one or more cesspools. Under the section titled REGULATION, 1, the Board agreed to delete the words “Within six months”. Glen Harrington will revise the draft, will have the Board members review the final version, and then will send to the printer to be advertised for two consecutive weeks in the Mashpee Enterprise.
8. Update on Pandemic Flu Emergency Planning
Glen Harrington reported that Dr. Lewis Mantel had gone on-line and found a Help
Alert State network plan. This network plan essentially provides a backup plan, some chain of command and substructure, in case of a pandemic flu outbreak. The Town of Wellfleet had their plan written by someone at The Department of Public Health. Dr. Mantel found their plan on the Help Alert network, took it down off the web, went through and changed the name from Wellfleet to Mashpee, using the global search to change it. Glen stated that he has gone through the plan and revised it, and worked up a draft which he will have ready for the BOH to review before the next meeting of the BOH. There are decisions that have to be made by the BOH as to who will be appointed to positions in the chain of command. It will then go to the Town Manager, and is due to the State by the end of February 2006.
9. Forum for Barnstable County Emergency Volunteers - CCCC. Glen Harrington reported that on Saturday, January 21st at Cape Cod Community College, there will be a forum for all volunteers in Barnstable County for emergency planning. They are compiling a list of all volunteers, and are doing some emergency training for positions that will be filled by volunteers as well.
10. Meeting with Red Cross re: Shelter Plan. Glen Harrington announced a meeting scheduled for Thursday, January 26th at 11 AM at Town Hall to review the Mashpee shelter plan, and the shelters identified, including the Senior Center and the high school. They are studying the capacities and the abilities of shelters being considered, to protect individuals. Glen Harrington stated that Joyce Mason, Dr. Lewis Mantel, Mary LeClair and George Baker have been invited and hope to attend. All who are interested are welcome.
DISCUSSION
1. Amendment to Body Art Regulation.
Veronica Warden pointed out the changes made in the second draft of the Body Art Regulation. The new version contains corrections on pages 2, 5, and 8 and are in bold.
Lucy Burton made a motion to approve the Body Art Regulation draft as presented by Veronica Warden. Steven Ball seconded the motion. All approved.
Glen Harrington stated that the approved Body Art Regulation will be published in the Mashpee Enterprise just one week.
2. FYI – Blue Ribbon Committee Update – Glenn Santos
Glenn Santos reported that at a previous Blue Ribbon Committee meeting he had been tasked to look into Article 1 in the Comprehensive Plan which is the 600 gallon per day regulation. One of the BRC recommendations on that was that the number of gallons be lowered to include more subdivisions. Glenn stated that the BOH had agreed at a previous meeting not to lower the number, and that he had conveyed this decision to the BRC.
Glenn Santos also reported to the BRC that the BOH was proceeding with finalizing the regulation for upgrading systems consisting of one or more cesspools.
Glen Harrington commented that there is a computer model that has been made from all the nitrogen testing since 1996 for all Massachusetts. Tom Fudala is planning to run Mashpee data since 1996 through the model. Yarmouth BOH has already determined that they cannot force property owners to put denite systems in, because they already know that denites are not good enough. Yarmouth citizens are going to save the money, put it into an escrow account, and spend the money for a future sewer system. Glenn Santos added that before Mashpee can begin to put money into escrow, we need to have a realistic timetable as to how many years away it will be before a sewer system for Mashpee is a possibility.
The next meeting of the Board of Health was scheduled for Thursday, February 2, 2006, at the Board of Health office in Town Hall. As there was no further business, the meeting was adjourned.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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