TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Wednesday, April 19, 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 7:00 PM.
APPOINTMENTS
Dan Johnson – 5 Point Road, Title V
Dan Johnson introduced himself to the Board. He stated that he has designed a septic system with denitrification for new construction of a 3 bedroom home for Betty Fulton, owner of 5 Point Road. Mr. Johnson is requesting approval to install ultra violet protection, per local regulation Part IX, Section 15.5, which states that any time a septic system is 75 ft. from a coastal bank, it must have ultra violet protection as well. The system is 43’ from the flood plain zone of the coastal bank.
Steven Ball made a motion to approve the plan as submitted by Dan Johnson with ultra violet protection, per local regulation Part IX, Section 15.5, Lucy Burton seconded the motion. All approved.
Dry Harbor Realty Trust – 14 Wags Road.
Andrew Conway, representing Dry Harbor Realty, introduced himself to the Board. He presented plans for new construction for a 6,048 sq. ft Morton New England style boat storage and maintenance building with three bays. Glen Harrington listed the following requirements:
- require MSDS sheets for all products, for Fire Dept. and BOH documentation
- no storage of hazardous wastes outside
- waste hauler to be specified for hazardous wastes
- limit hazardous materials to 220 gal. liquid, 200 pounds dry
- hazardous wastes limit should be set per 310 CMR 30, the MA. hazardous waste regulation
- need a contract to maintain swales and catch basins
- reserve area in the septic needs to be built out at the same time as the primary
- operation shall not cause a nuisance or the operation will be considered a noisome trade
- no washing machines
- any change in ownership or tenancy requires BOH approval
Lucy Burton made a motion that the BOH approve the plans presented by Andrew Conway for new construction at 14 Wags Road for boat storage and maintenance, on condition that all requirements set forth above are met. Steven Ball seconded the motion. All approved.
OLD BUSINESS
1. Jimmy’s Breakfast, Lunch & Takeout - Continued from 3/30/06 BOH meeting.
Jimmy Supka, owner of Jimmy’s Breakfast, Lunch & Takeout, introduced himself to the Board. The restaurant, located at 440 Nathan Ellis Highway, was formerly the Mashpee Deli. Jimmy stated he has hired Jason Souza to install a grease trap sometime next week. Mr. Supka currently has a well and plans to hook up to town water, but has been advised by the Water Dept. that this may take up to one month. Mike Quink at the DEP south region told Mr. Supka that a standard drinking water test should be sufficient until the town water can be hooked up. Mr. Supka is requesting that the BOH permit him to open his establishment with the existing well, and an approved standard drinking water test, until the Water Dept. can get him hooked up to town water.
Lucy Burton made a motion to approve the opening of Jimmy’s Breakfast, Lunch & Takeout with the stipulation that Mr. Supka provide an approved standard drinking water test, a floor plan, and a menu, that the establishment is hooked up to town water within a 45 day period, the grease trap is installed, and an inspection is conducted prior to the opening. Glenn Santos seconded the motion. All approved.
Mashpee Veterinary Hospital – Continued from 3/16/06 BOH Meeting.
The issue was continued to the next BOH meeting.
Administrative Review for Septic Compliance: Deer Crossing Commercial Condominiums
Glen Harrington stated that he had reviewed prior BOH minutes looking for evidence of a BOH required set date of completion for septic compliance, but could find no prior completion date requirement. Glen Harrington left a voice mail message for Chuck Hajjar, President of Deer Crossing Association, who responded that he plans to do the work this spring, but has had to go back out for bids to update the costs, due to the time lapse. Mr. Hajjar anticipates 1/3 more in costs from the original estimate.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Approval of Minutes of March 30, 2006
The minutes were corrected as follows: Page 3, after paragraph 3. Pizza Prima, add title:
4. Approval of the New Cesspool Regulations.
Lucy Burton moved that the minutes be approved as corrected. Steven Ball seconded the motion. All approved.
3. New Food Establishment Permit: Golf House Grill, Southport.
Glen Harrington commented that this is an existing facility with a new operator. They do have a Serv Safe certificate. It is pretty much a standard take out facility, with 25 seats.
Steven Ball made a motion to approve the new food establishment permit for Golf House Grill/”Talk of the Town”, in Southport, contingent upon inspection prior to the opening. Lucy Burton seconded the motion. All approved.
4. Title V Variance Request – 236 Monomoscoy Road – Don Barton.
Glen Harrington commented that there is a well on the property abutting 236 Monomoscoy Rd., which the neighbor plans to tie into town water. The well is 53 ft. from the 236 Monomoscoy Rd, property line. Don Barton, owner of the property at 236 Monomoscoy Road, has been waiting for the neighbor, an elderly gentleman who is now in a nursing home, to tie into town water. A variance plan was submitted by Cape & Islands and was approved in January of 2004, contingent upon the abutting well being tied into town water.
Glenn Santos made a motion to approve the Title V variance request for 236 Monomoscoy Rd. on the condition that ultra violet disinfection will be installed along with the denite system. Steven Ball seconded the motion. All approved.
5. Title V Variance Request – 25 Devon Street
Mark Harding and Paula Peters, owners of the property at 25 Devon Street, introduced themselves to the Board. The couple purchased the property several months ago and are planning to build a home for themselves. The home is also serving as a pilot program for an environmental design program, which is monitored by the U.S. Green Building Council. There are just two houses registered with this program in Massachusetts, and theirs is one of them. The goal is to try to achieve the best possible environmentally friendly design, using renewable energy as well as environmentally friendly building products. The first step is to position the house on the lot so that solar energy may be utilized. They plan to build a 2500 sq. ft. house. One of the requirements of the project is that they disturb only 60% of
the lot. They want their septic system to be 102 ft. away from their neighboring well. Glen Harrington stated because this is new construction, the septic system is required to be 150 ft. from the abutting property at 30 Devon Street, which has a well, and it must also have a denitrification system. Mr. Harding stated that the abutter at 30 Devon Street has no objection to the septic system being 102 ft. from his well.
Steven Ball made a motion to approve the 25 Devon Street Title V variance request to place their septic system 102 ft. from the existing well on the abutting property at 30 Devon Street, down from the required 150 ft. Glenn Santos seconded the motion. Lucy Burton opposed the motion. The motion carried.
6. Commercial Site & Sewage Plan Approval: 70 Nicolettas Way – Stephen Giatrelis
The commercial site is to be used for storage units for contractors. Glen Harrington commented that Stephen Giatrelis is proposing to add Phase II comprised of six units, at the southern part of the property. Phase I has been approved and septic is installed, but has no denitrification unit. Total flow for the property, although it is 6 acres, is over 600 gallons per day. A denitrification unit has been proposed for Phase 2. Glen Harrington stated that Mr. Giatrelis has been limited to 200 pounds of dry, and 220 of liquid hazardous materials. No restrictions have been issued as yet.
Stephen Ball made a motion to deny the sewage plan approval for Phase II at 70 Nicolettas Way until Mr. Giatrelis comes back to the BOH with revised plans for installation of the denite for Phase I. Lucy Burton seconded the motion. All approved.
7. Commercial Site & Sewage Plan Approval: 340-342 Main Street – McShane Construction
The BOH is reviewing this preliminary plan for the Planning Board. Glen Harrington commented that a number of 40-B’s are proposed for the western part of the property which will be on their own waste water treatment system, and a Bio-Clere for the front building. Veronica Warden has informed McShane Construction of all the standard BOH requirements for commercial property. A denitrification unit was required by the Planning Board via the special permit. 40-B plans are still on the drawing board.
Steven made a motion to approve the preliminary plans for a commercial site at 340-342 Main Street. Lucy Burton seconded the motion. All approved.
8. Variance Request from Swimming Pool Regulations: Sandpiper Village
The Sandpiper Village Condominium Trust located at 24 Ryans Way in Mashpee is requesting a variance from the state regulation requiring testing of the swimming pool water for residual disinfectants four times daily, once during the peak load by the pool operator. The condominium trust is asking that they be required to test just once per day. Glen Harrington felt that testing just one time per day is not going to provide the necessary protection - too much can happen in 24 hours. Also, it is difficult to balance the chemicals added in the pool water if tested only once per day. The BOH has never gone below the state regulation on swimming pool water testing requirements.
Steven Ball made a motion to deny the Sandpiper Village Condominium Trust variance request to provide testing of their swimming pool water just once per day, down from the state requirement of testing four times per day. Lucy Burton seconded the motion. All approved.
9. Request for Waiver of Food Establishment Fees: Camp Farley.
Lucy Burton made a motion to waive the Camp Farley 2006 food establishment permit fee due to their nonprofit status. Steven Ball seconded the motion. All approved.
10. Request for Waiver of Food Establishment Fees: Mashpee Little League.
Steven Ball made a motion to waive the Mashpee Little League 2006 food establishment permit fee due to their nonprofit status. Lucy Burton seconded the motion. Glenn Santos opposed the motion. The motion was carried.
11. New Food Establishment Permit: Marshalls, 550 Falmouth Road
Glen Harrington commented that there would be no food preparation, just prepackaged retail items. Serv Safe would not be required.
Lucy Burton made a motion to approve the food establishment permit for Marshalls, at 550 Falmouth Road. Steven Ball seconded the motion. All approved.
12. Signing of Cesspool Regulation. Glen Harrington passed around the new cesspool regulation established by the BOH, for board members signatures. Lucy Burton abstained from the approval of the regulation, thus did not sign the document. The regulation will now go to the DEP.
13. Request by Town for List of Location of Town Wells
The State has requested a list from the Town of Mashpee BOH of the location of all existing drinking water wells in the town, for use by the Cancer Study. Glen Harrington is hoping to limit the scope of the coverage, request for additional time to compile the list, and will attempt to get assistance from the Water District to meet this request in a timely fashion.
DISCUSSION
1. Mutual Aid Agreement
Glenn Santos reported that he had received a copy of the warrant for the May 1, 2006 Town Meeting and noted that BOH got its mutual aid agreement. Glenn inquired about the NMIS as to whether it was supposed to be included in the warrant for reimbursement for the FEMA money from the town. Glen Harrington stated that it was approved by the county, not the town.
2. Serv Safe Training
Glen Harrington, Lucy Burton and Steven Ball will attend the Serv Safe training session next
Wedneday, April 26th, 2006. Glenn Santos will be unable to attend.
The next meeting of the Board of Health is scheduled for Wednesday, May 3, 2006, at 7:00 PM at the Board of Health office. As there was no further business, the meeting was adjourned at 8:50 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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