TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Thursday, March 30, 2006
Board Members Present: Also Present:
Glenn Santos, Chairman Glen Harrington, Health Agent
Steven Ball, Co-Chairman
Lucy Burton, Clerk
Chairman Glenn Santos called the meeting to order at 7:02 PM.
APPOINTMENTS
Peter McEntee, P.E. – 17 Pondview Drive – Title V
Peter McEntee introduced himself to the Board, stating that he was with Engineering Works, and was representing his client, William Harris. Mr. Harris resides at 17 Pondview Drive, and has a failed septic system. Mr. Harris has ten (10) variance requests, as follows:
1. 7’ variance, SAS to property line, for a 3’ setback
2. 6’ variance, SAS to crawl space, for a 4’ setback
3. 6’ variance, SAS to slab (garage) for a 4’setback
4. 4’variance, SAS to cellar wall, for a 16’ setback
5. 3’variance, septic tank to cellar wall, for a 7’ setback
6. 35’ variance, SAS to coastal bank, for a 15’ setback
7. 9’ variance, pump chamber to coastal bank, for a 16’ setback
8. 2’ variance to the required 5’ separation between maximum seasonal high groundwater elevation and bottom of SAS, for a 3’ separation. Request remedial approval usage of a Biomicrobics MicroFast 0.5 unit in conjunction with a Geoflow Subsurface Drip System.
9. Use of “B” Horizon as part of the 4 feet of naturally occurring pervious soil required for the Soil Absorption System.
10. 44’ variance, SAS to bordering vegetated wetland for a 56’ setback.
Glen Harrington stated that the return line should come back to the tanks to circulate back through the septic tank. He also suggested moving the blower and vent away from the house, closer to the garage, because of the noise factor. Glen stated that the O & M contractor must be certified by the manufacturer. Glen Harrington stated also that he would like to be on site during the installation of the Geoflow Subsurface Drip system.
Steven Ball made a motion to approve all ten (10) variance requests as stated above, with the following stipulations: that variance request #3 be changed from 6’ to 4’, that the O & M contractor be certified by the manufacturer, and that Glen Harrington be on site during the installation of the Geoflow Subsurface Drip system. Lucy Burton seconded the motion. All approved.
Peter McEntee, P.E. – 8 Chart Way, Title V
Discussion of the Title V variance request for 8 Chart Way was continued until the next BOH meeting.
Jack Landers-Cauley – Summerwood Septic Repair Plans.
Jack Landers-Cauley, with Civil-Environmental Engineering in West Falmouth, introduced himself to the Board, stating that he had been hired by the Summerwood Condominium Association in October, 2005 to assist in the resolution of their septic problems. Mr. Landers-Cauley stated that he was looking for approval of the BOH for his conceptualization plan for Phase I and Phase III. The condominium development was built in three Phases, each Phase with 7 units for a total of 21 units altogether. Mr. Landers-Cauley is recommending that a central collection septic system be installed for the 21 units instead of having a separate system for each of the Phases. The economic issue involved is that it will be much less expensive to install a central system as opposed to individual denite units. Each building
would have to spend $11,000 for an individual denite unit, whereas a central denite unit will be $30,000.
Glen Harrington commented that one variance that will need to be requested is that the reserve area would have to be installed. Glen stated that passive vents will be required in the leaching because it will have pressure distribution. Glen commented that the new Main Street Village development which was just completed has a similar sized leaching if Mr. Landers-Cauley wants to look at an example of how they did the water pressure distribution with the passive vents. The Board agreed with the concept of the central plan but stated that they will need engineering plans and need to establish a time line for completion.
Mr. Landers-Cauley estimated that the work on each phase will take 4 to 6 weeks, depending on the weather. Forty percent of the systems are in hydraulic failure (Building 5 in Phase 1 and at least three units in Phase 3) and need to be done sooner rather than later. Money coming from the State for the project should be available by next week.
Lucy Burton made a motion that the Board agree to the concept of Mr. Landers-Cauley’s plan for a central septic system, and that an engineering plan for Phase l be presented to the Board for approval within 30 days. Steven Ball seconded the motion. All approved.
OLD BUSINESS
1. Mobil-on-the-Run – 548 Falmouth Rd.
Stephanie Turchi, Territory Manager, and Sherry Roulston introduced themselves to the Board. Sherry stated that she is the Performance Report Manager with Exxon Mobil, and has been with the company for 15 years. Sherry used to be the territory manager on the Cape for all the Mobil on the Run sites, and now oversees all the New England training, from New Hampshire to Connecticut. Because of the situation with the Mashpee Mobil on the Run, she has been Serv Safe certified as a proctor and trainer for all new hires at Mobil on the Run in Mashpee over the past year. Mobil also uses internet-based training for a few of those people. Sherry stated that they now have SAWS (Safety Activity Work Sheets) which outline the job steps for each activity at Mobil on the Run facilities. Sherry stated that with the many
controls that are now in place regarding food service, she feels quite comfortable that Mobil on the Run is able to meet the BOH requirement for an internal policy. It is just a matter of making sure that the controls are met. Sherry continued with a detailed discussion of the training process for all new hires, as well as the Mobil checks and balances now in place to ensure that the food service policy controls and regulations are followed.
Glenn Santos stated that he was appreciative of all that Mobil is currently doing with regard to training requirements and food service controls. However, Glenn stated further that what the BOH had been requesting all along was what the internal policy/ procedure would be if there was a breakdown in the local Mobil on the Run management chain of command. Sherry Roulston stated that Exxon Mobil has a Job Handover Documentation which is part of their integrity management system, and would provide the BOH with a copy of the document.
Glen Harrington stated that he was missing some reports and was still one month shy of the required six months of food service reports. Stephanie Turchi provided copies of the missing reports to Glen Harrington.
Lucy Burton reported that Mobil was now selling prepackaged sandwiches, and questioned whether the store was permitted to sell time-stamped food while still under litigation. Glen Harrington stated that he would investigate into past BOH records to determine the legality of the sale of the prepackaged foods at the current time.
The issue of the 30-day variance request for Serv Safe training of new Mashpee Mobil on the Run hires was then discussed. The request is to allow for a 30-day Serv Safe training period at the Mashpee location for the new Mashpee hires. Sherry Roulston again reiterated the difficulty Mobil has of training new hires for the Mashpee store at the Centerville location, citing transportation problems for some newly hired employees. Also, employees who are trained in Centerville are reluctant to relocate to Mashpee as their permanent job location, once their training period is completed.
Steven Ball reminded the Board that we are still in litigation, and the Board had voted to deny any variance requests by Mobil until that issue was settled. Glen Harrington questioned whether it was the right thing for the BOH to hold over the heads of Mobil the litigation re: the issue of the appeal of the fine. Lucy Burton commented that although she was not on the BOH at the time of the earlier problems with Mobil, it seemed that they are now adhering to all the Board’s requests, having supplied all records requested, and are working hard to make necessary changes at the store.
Glenn Santos made a motion to amend a 9/07/04 BOH decision to require that all new Mobil on the Run employees to be Serv Safe certified, by allowing a 30 day grace period for the Serv Safe training and certification of new Mashpee hires. The following stipulations to the amendment will apply: that Mobil submit to the BOH a Serv Safe certificate for all new Mashpee hires when their training is completed, together with their date of hire; that any critical violations by Mobil on the Run within one year would nullify the amendment to the 9/07/04 BOH decision. Lucy Burton seconded the motion. All approved.
2. Mashpee Veterinary Hospital – Continued from March 16, 2006.
Glen Harrington reported that the Hospital has installed a dumpster on the premises for collection and disposal of their medical wastes. Glen also reported that he called the State Board of Health to request guidelines as to what constituted medical hazards but got no helpful information. In an email response, they referred Glen to the regulation on the web, which Glen had already seen. Glen plans to go to the State in person and go over each item individually to get a decision on what is or is not a hazard.
Glenn Santos moved that a decision on violations committed by the Mashpee Veterinary Hospital be continued to the next BOH meeting when there is more definite information available from the State as to what does/does not constitute a medical hazard. Steven Ball seconded the motion. All approved.
3. Pizza Prima – Phil Panasci “Show Cause” Hearing.
Phil Panasci, owner of Pizza Prima, introduced himself to the Board, and gave a report on what has been done at the restaurant. Mr. Panasci stated that he had hired a professional cleaning company to come in. The hoods have been cleaned; the grill floor has been stripped and waxed; the shed behind the shop has been completed, with a new walk-in freezer installed; a new hot water heater has been installed, and the front of the shop has been landscaped. One of the two bathrooms is being renovated for storage purposes. He is in the process of working up a regular maintenance schedule. Phil stated that his six staff members have been very cooperative. He stated that four of his staff are Serv Safe certified.
4. Approval of the New Cesspool Regulation
Glenn Santos made a motion to add approval of the new cesspool regulation to the meeting agenda. Lucy Burton seconded the motion. All approved.
Glen Harrington reported that the new regulation had been advertised for two weeks, and now the Board needed to vote on approval of the regulation. Glen Harrington stated that as with every regulation, a variance can be requested. Therefore, each property owner has the right to ask for a variance on the new ruling. The BOH must entertain the request, but does not necessarily have to grant it.
Steven Ball made a motion that the Board approve the new BOH cesspool regulation as advertised in the Mashpee Enterprise, effective as of March 30, 2006. Glenn Santos seconded the motion. All approved. Lucy Burton abstained from the vote.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Review of Minutes of March 15, 2006. Minutes from the BOH meeting held on 3/15/06 were corrected as follows: Page 1, under Gold’s Gym Tanning, paragraph 5, line 2 should be changed to read : “ stipulation that Mr. Moses retroactively pay the $100 fee to apply for the 2005 tanning facility permit”.
Lucy Burton moved that the minutes be approved as corrected. Steven Ball seconded the motion. All approved.
3. New Food Establishment Permit – Jimmy’s Breakfast, Lunch & Take-Out - 440 Rt. 151
Glen Harrington reported that Mashpee Deli, the former owners, had requested an increase of six additional seats. The BOH had required installation of a grease trap because the Deli had begun selling pizzas. Glen Harrington made the new owner aware that there would have to be a full underground grease trap installed. To date, all the BOH has from Jimmy’s Breakfast is the permit application. The BOH will need from Jimmy’s Breakfast a Serv Safe certificate, a copy of the menu, a copy of the layout of the seating, and a determination as to whether they will be using all paper and plastic. The leaching facility has a 1000 gal. per day capacity but the 1000 gal. per day minimum flow requirement does not trigger our design flow of 600 gallons per day because their actual design flow is still less than 600
gallons per day.
Steven Ball moved that the permit application approval be continued until the next BOH meeting when Jimmy’s Breakfast can provide information on a Serv Safe certificate, a copy of the menu, plans for installation of a full underground grease trap, a seating layout, clarification as to use of paper/plastic utensils, and information on town water. Lucy Burton seconded the motion. All approved.
4. Administrative Review for Septic Compliance: Deer Crossing Commercial Condos
Glenn Santos reported that he had talked to Dick Dalton, attorney for Deer Crossing, who stated that they were going to be breaking ground shortly.
Glenn Santos made a motion to continue the discussion until the next BOH meeting on April 19, 2006. Steven Ball seconded the motion. All approved.
DISCUSSION
The Board discussed changing the day for future BOH meetings from Thursday to Wednesday, and agreed to make the change. The next meeting of the Board of Health was scheduled for Wednesday, April 19, 2006. The Board will try to schedule future meetings on the first and third Wednesday of each month.
As there was no further business, the meeting was adjourned at 9:25 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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