TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Wednesday, May 3, 2006
Board Members Present: Board Member Absent: Also Present:
Glenn Santos, Chairman Lucy Burton, Clerk Glen Harrington, Health Agent
Steven Ball, Co-Chairman Veronica Warden, Asst. Health Agent
Chairman Glenn Santos called the meeting to order at 7:04 PM.
APPOINTMENTS
William Sanborn, Mobile Food Permit Request
William Sanborn introduced himself to the Board. He stated that he was requesting approval of a food permit for the purpose of operating a mobile hot dog cart. Mr. Sanborn is presently talking to the property management company for Roche Brothers about placing the cart in the Roche Brothers grocery store parking lot. Mr. Sanborn plans to sell only hot dogs, packaged items such as potato chips, and canned soft drinks. He does not plan to have condiments such as chopped onions or sauerkraut on the cart. Mr. Sanborn described the cart as being brand new, 350 pounds in weight, having a sink, with hot and cold running water. Glen Harrington commented that he recommended Mr. Sanborn get a Serv Safe certificate, in the event he may want to expand his line of available food products beyond just hot dogs, such as
chopped onions, for example.
Glenn Santos made a motion that the Board approve the mobile food permit request by Mr. Sanborn for operation of a mobile hot dog cart, pending inspection by the BOH, with the stipulation that Mr. Sanborn get a Serv Safe certificate within 60 days, and that no condiments such as chopped onions be served from the cart until Mr. Sanborn has the Serv Safe certificate. Steven Ball seconded the motion. All approved.
OLD BUSINESS
1. Mashpee Veterinary Hospital – Continued from 3/16/06 meeting
Glen Harrington stated that he is still waiting for information from DPW regarding information as to whether the needles were still attached in the waste materials picked up on the roadside. Glen reiterated that he had gotten no assistance from the State as to what is and is not considered medical waste material. Glen Harrington plans to meet with Dr. Lewis Mantel to come up with a protocol for medical waste materials.
Steven Ball made a motion to continue the issue until the next BOH meeting. Glenn Santos seconded the motion. All approved.
2. Administrative Review for Septic Compliance: Deer Crossing Commercial Condominiums
Glen Harrington reported that he has not heard back from Mr. Hajjar regarding his plans to proceed with the construction to bring Deer Crossing Commercial Condominiums into compliance with local Board of Health Regulations.
Glenn Santos made a motion that Glen Harrington send a certified letter to Mr. Hajjar requesting a work schedule of construction to bring the Deer Crossing Commercial Condominiums into compliance with Title V Septic Regulation, with a reply to be received no later than the date of the next BOH meeting, on 5/17/06. Steven Ball seconded the motion. All approved.
NEW BUSINESS
1. Sign Warrants. Board members signed the warrants.
2. Review of Minutes of 4/19/06. Glen Harrington had the following changes to the 4/19/06 minutes:
- Page 1, paragraph 2 under APPOINTMENTS, line 1, change Don to Dan, and change the words to add to with.
- Page 1, under Dry Harbor Realty Trust, line 5, add the word outside after hazardous wastes
- Page 1, under Dry Harbor Realty Trust, line 13, insert or tenancy after the word ownership
- Page 2, under 4. Title V Variance Request – 236 Monomoscoy Road, paragraph 2, line 2, add the word disinfection after the words ultra violet. Change the words denite system to denitrification unit.
- Page 2, under 5. Title V Variance Request - 25 Devon Street, complete the sentence.
- Page 3, under 6. Commercial Site & Sewage Plan Approval – 70 Nicolettas Way, paragraph 1, line 4, change the word Denite to A Denitrification Unit.
- Page 3, under 7, Commercial Site & Sewage Plan Approval, line 3, change bio clear to Bio-Clere.
Approval of the minutes was continued to the next meeting when a full Board is in attendance.
3. Title V Variance: 5 Point Road, Dan Johnson, R.S.
Veronica Warden reported receipt of a letter from Dan Johnson dated 4/24/06, in which he stated that the following two changes were made to the septic system plan at 5 Point Road per the BOH request:
(1) he added a request for variance to local BOH regulation Part IX, Section 11, to allow the primary and reserve area to be within 150 feet of a coastal bank, as defined by the Mashpee Conservation Commission local regulation
(2) he modified the request for compliance with the BOH regulation Part IX, Section 15.5 ( c) to define the distance of the primary and reserve area to the coastal bank (both within 75 feet of a coastal bank).
In addition, he added Note 8 to the plan referencing that there is a difference between the local Mashpee Conservation Commission regulation definition of a coastal bank, and the Massachusetts Wetland Protection Acts definition of a coastal bank 310 CMR 10.30. (2).
Dan Johnson submitted a revised plan to the BOH, dated 4/29/06, which includes all of the above referenced changes.
Steven Ball made a motion to approve Dan Johnson’s revised septic system plan for 5 Point Road, dated 4/29/06. Glenn Santos seconded the motion. All approved.
4. Title V Variance Request – 29 Frog Pond Close – Cape & Islands Engineering
Glen Harrington commented that this is a tear down/rebuild, going from a 2- to 4 bedroom house.
Glenn Santos noted that the denitrification unit and ultraviolet plans are not included on the plan.
Steven Ball made a motion to continue discussion of the variance request until the next BOH meeting, because the plans are incomplete. Glenn Santos seconded the motion. All approved.
5. Title V Variance Request – 3 Uncle Percy’s Road – Cape & Islands Engineering
Glen Harrington commented that this is a straight repair. They are not requesting variances for the reserve area at this time, stating that the primary does not need any variances. Glen Harrington recommended that the reserve area not be approved, since variances have not been requested.
Glenn Santos moved that the Title V variance request for 3 Uncle Percy’s Road be denied. Steven Ball seconded the motion. All approved.
6. Commercial Site & Sewage Plan Approval: 70 Nicolettas Way – Stephen Giatrelis
Glen Harrington commented that the sewage plan has been revised, from 600 to 585 gallons per day flow for Phase 1 and II combined. Since the flow is under 600 gal. per day, the denitrification unit is not required.
Glenn Santos moved that the Board approve the revised 4/27/06 commercial site and sewage plan submitted for 70 Nicolettas Way, with the following standard commercial restrictions:
- 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 waste 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
If any violations of over 600 gallons per day to the design flow are reported, installation of a denitrification unit will be required, with possible daily fines. Steven Ball seconded the motion. All approved.
Steven Ball moved that the above motion be amended to require that the above restrictions be added to the revised 4/27/06 commercial site and sewage plan for 70 Nicolettas Way. Glenn Santos seconded the motion. All approved.
Variance Request from Greenwood Homeowners Association re: Swimming Pool Regulations.
Roxanne Iwaszko, President of the Greenwood Homeowners Association, introduced herself to the Board. She stated that the Greenwood Homeowners Association has decided that, rather than refurbish the existing pool, they would like to consider replacing it with a new pool. For this reason, they are requesting a variance request for 2006, to allow for time to investigate costs, and get bids for a new pool.
Steven Ball made a motion to approve the Greenwood Homeowners variance request for 2006, with the stipulation that a financial commitment be made by the Homeowners Association by August 15, 2006, either to refurbish the existing pool, or replace the pool. If the financial commitment is not forthcoming by 8/15/06, the pool will be closed. Glenn Santos seconded the motion. All approved.
8. Request for Change of I/A System Status: 134 Popponesset Island Road
Glen Harrington commented that the property owner can change his status from year-round to seasonal, but the BOH does not allow the septic system to be turned off. As the septic system has been in the ground for two years, the property owner is already down to his minimum once per year septic system monitoring.
Steven Ball made a motion to deny the request for change of I/A System Status as requested in a letter dated 4/27/06, from Michael Intoccia, property owner of 134 Popponesset Island Road. Glenn Santos seconded the motion. All approved.
9. Request for Waiver of Title V Fees: Habitat for Humanity, 59 Quashnet Road
Steven Ball made a motion to waive all BOH fees associated with construction of Habitat for Humanity for 59 Quashnet Road and 562 Cotuit Road. Glenn Santos seconded the motion. All approved.
10. Temporary Food Establishment Permits: Night of 100 Wines, Ten Vendors
Glenn Santos made a motion to approve the request for temporary food establishment permits for the following ten restaurants for the Night of 100 Wines to be held at Mashpee Commons under the tent, on Saturday, June 3, 2006, pending inspection and payment of permit fees:
- Island Merchant
- Café de la Terre
- Siena
- Roche Brothers Catering Department
- Polar Cave Ice Cream
- The Raw Bar
- Bobby Byrnes Pub
- Ghelfi’s Candy
- The Tea Shoppe
- The Ninety Nine Restaurant
Steven Ball seconded the motion. All approved.
11. 30 Shorewood Drive.
Glenn Santos made a motion to add a tenant complaint at 30 Shorewood Drive to the New Business agenda. Steven Ball seconded the motion. All approved.
Glen Harrington reported that a complaint had been received from the tenant at 30 Shorewood Drive, stating that sulfur odors were emanating from the well, and requested that the owner of the property have the well tested. The owner stated that he was planning to have the property tied into town water. There are potential sources of contamination in the area, but the military is not going to support tying everybody into town water until there is some scientific basis of contamination.
Glenn Santos made a motion that the property owner at 30 Shorewood Drive be required to have the water tested immediately, and that if there are any VOC’s found above the State levels, the property owner must hook up to town water within 30 days, and be placed on the military list for annual water sampling. Steven Ball seconded the motion. All approved.
DISCUSSION
1. FYI – MEMA Incident Command Training
Glen Harrington reported that a mandate had come down from the MA. Governor stating that anyone involved in an emergency response must receive Incident Command System Training. The states and towns can lose federal funding if they do not meet the training requirements by Sept. 30, 2006, the end of the fiscal year.
2. FYI – Gibbs Rubbish Removal
Veronica Warden reported that she sent a certified letter on 4/20/06 to DMG Enterprises, Inc. regarding their application and check for $500.00 for a 2006 Town of Mashpee Trash Hauler’s license. The letter stated that DMG had failed to submit the $1000 bond as required per BOH regulation Part V section 3 entitled “Refuse Regulation”. The request for the license was denied, as Gibbs failed to comply with the Mashpee Refuse Regulation. Veronica Warden stated that to date, she has not received a response from DMG.
3. Dino’s – Critical Violation
Veronica Warden reported that on May 3, 2006 she visited Dino’s and found their whole sandwich prep cooler case was out of temperature – it had warmed above its proper holding temperature, so she disposed of the whole thing. Also, there was a sanitizing violation found. There was no sanitizing solution to wipe the tables. The Health Agents will meet with Dino’s to discuss the violations, and the Board will proceed from there.
The next meeting of the Board of Health is scheduled for Wednesday, May 17, 2006. As there was no further business, the meeting was adjourned.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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