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Board of Health Minutes 05/17/06
TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING

Minutes of the Meeting of Wednesday, May 17, 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.

APP0INTMENTS

Cape & Islands Engineering - 29 Frog Pond Close.
Glen Harrington reported that Cape & Islands Engineering had submitted a request to continue the 29 Frog Pond Close appointment until the next BOH meeting.

Glenn Santos made a motion to continue the 29 Frog Pond Close appointment until the next BOH meeting.  Lucy Burton seconded the motion.  All approved.

NEW BUSINESS

1.  Board Reorganization.  
Glenn Santos made a motion that Steven Ball be made Chairman of the Board of Health.  Lucy Burton seconded the motion.  All approved.

Steven Ball made a motion that Lucy Burton be made Co-Chairman of the Board of Health.  Glenn Santos seconded the motion.  All approved.

Lucy Burton made a motion that Glenn Santos be made Clerk of the Board of Health.  Steven Ball seconded the motion.  All approved.

2.  Sign Warrants.  There were no warrants to sign.

3.  Approve Minutes of May 3, 2006.  Glen Harrington had the following corrections to the minutes:
- Page 1, under OLD BUSINESS, 2., Administrative Review for Septic Compliance:  line 3, instead of Title V Septic Regulations, it should read local Board of Health regulations.
- Page 2, under 5, Title V Variance Request, paragraph 1, line 3, since it has not been requested should read since variances have not been requested.
- Page 3, under Variance Request from Greenwood Homeowners, second paragraph, line 2 and line 3, change the word fiscal to financial.  
- Page 4, the second paragraph should have a heading reading 11.  30 Shorewood Drive.
- Page 4, the second paragraph, line 3, change the word she to he.  
- Page 4, the second paragraph, line 5, delete the words the list of reimbursement of costs to tie into.

Glenn Santos made a motion to approve as corrected the minutes of 5/03/06.  Lucy Burton seconded the motion.  All approved.

4.  Title V Variance Request – 8 Chart Way – Peter McEntee
Peter McEntee introduced himself to the Board, stating that he was representing Mr. David White.  On behalf of his client, Mr. McEntee was requesting the following 6 variances for the purpose of a Title V septic upgrade at 8 Chart Way:
310 CMR 15.405 (1) (b) (g0& (h) Contents of Local Upgrade Approval
1.  A 1’ variance, S.A.S. to slab, for a 9’ setback.
2.  A 47’ variance, S.A.S. to Coastal Bank, for a 3’ setback.
3. A variance to allow the placement of the septic tank on a coastal bank.
4.  A variance to allow placement of the pump chamber on a coastal bank.
5. A 3’ variance, private water supply line (sleeved) to Septic Tank, for a 7’ variance.

LOCAL REGULATION SECTION 9.0    LEACHING DISTANCE REQUIREMENTS
6.  A 32’ variance, S.A.S. to Bordering Vegetated Wetland for a 68’ setback.

Steven Ball made a motion to approve the six above-listed Title V variance requests presented by Peter McEntee for the purpose of a Title V septic upgrade at 8 Chart Way, with the stipulation of the inclusion of the standard O & M, and the combining of the two lots into one.  Glenn Santos seconded the motion.  All approved.

5.  Title V Variance Request – 85 Waterway – Peter McEntee
Peter McEntee has applied for a disposal system construction permit for 85 Waterway, and was requesting variances because there is a coastal bank. The variances are:

1,2)   a 2’ variance from the tank and pump chamber to the natural 3 ft. cover over the tank & pump chamber for 5 ft of cover
3)   a variance to allow placement of the septic tank on a coastal bank
4)   a variance to allow placement of the pump chamber on a coastal bank   
5)   a variance to allow placement of the soil absorption system, in part,  on a coastal bank

Lucy Burton made a motion to approve the variance requests for 85 Waterway as outlined on the cover letter from Peter McEntee, pending the addition to the plan and his cover letter of 20 feet on either side of the sleeve covering the water pressure main.  Steven Ball seconded the motion.  All approved.

6.  Temporary Food Establishment Permits:  “Night of 100 Wines” - Two Vendors

Glenn Santos made a motion to approve the request for a temporary food establishment permit for the following two vendors for the Night of 100 Wines to be held at Mashpee Commons, under the tent, on Saturday, June 3, 2006, pending inspection:
        - Vermont Springs Water
        - Belfry Inn & Bistro  
Lucy Burton seconded the motion.  All approved.

7.  Temporary Food Establishment Permits:  “A Wedding for All Seasons” – 3 Vendors

Glenn Santos made a motion to approve the request for a temporary food establishment permit for the following three vendors for the “Wedding for All Seasons” event to be held at Mashpee Commons on Sunday, June 4, 2006, under the tent, pending inspection and payment of the permit fees:
-       The Tea Shoppe
-       Siena
-       Café de la Terre
Lucy Burton seconded the motion.  All approved.

8.  Commercial Site Plan & Title V Design Plan Approval – Lots 35 & 36, Industrial Drive
Glen Harrington commented that the lots will have 30,000 square feet of office space and 40 employees of industrial/commercial.  They have the full denitration fast system, with 2,850 gallons per day of flow.  Glen Harrington noted that Title V, with the denitration fast system, allows them 3,100 gallons.   

Glenn Santos made a motion to continue approval of the plan until a revised plan is presented to the BOH with removal from the plan of the four bays.  Lucy Burton seconded the motion.  All approved.

OLD BUSINESS

1. Mashpee Veterinary Hospital  
Discussion was continued until the next BOH meeting.


2. Shaw’s Market
The Board discussed the history of the many ongoing critical and non-critical violations existing at Shaw’s Market, and agreed that the store should be inspected again as soon as possible.    Lucy Burton and Glen Harrington agreed to meet Thursday, May 18th, 2006, at 1:00 PM to conduct an inspection of Shaw’s Market.  Glenn Santos stated that in view of the history of violations that have continued  to exist at Shaw’s, the BOH should no longer accept excuses from Shaw’s and should  exercise their right to close the store down if existing violations  are found that merit such action.  

DISCUSSION

FYI – Deer Crossing Commercial Condominiums.

Glen Harrington reported that he had received a letter in response to the BOH request to Mr. Hajjar, President of Deer Crossing Association, asking him for a status report and time line for completion of the work necessary to bring Deer Crossing into septic compliance.   Mr. Hajjar’s letter stated that he is not ready to give a timeline for completion of the work.    Mr. Hajjar’s stated that he is in the process of  finalizing bids for the work to be done, and needs another three weeks to complete the process.  

Lucy Burton made a motion that Glen Harrington send a letter to Mr. Hajjar ordering the completion of construction of approved septic systems at buildings A, B and D at Deer Crossing Commercial Condominiums  by June 30, 2006, or fines shall be issued on a daily basis to the fullest extent of the law.   Steven Ball seconded the motion.  All approved.

The next meeting of the Board of Health is scheduled for Wednesday, June 7, 2006, at 7:00 PM at the Board of Health office in Town Hall.

As there was no further business, the meeting was adjourned at 8:30 PM.

Respectfully submitted,




Ina G. Schlobohm
Recording Secretary