TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Wednesday, June 21, 2006
Board Members Present: Members Absent: Also Present;
Steven Ball, Chairman Glenn Santos, Clerk Glen Harrington, Health Agent
Lucy Burton, Co-Chairman Veronica Warden, Assistant Health Agent
Chairman Steven Ball called the meeting to order at 7:10 PM.
APPOINTMENTS
1. Massachusetts Military Reservation / AFCEE
Douglas Karson, Community Involvement Specialist, Air Force Center for Environmental Excellence (AFCEE) at the MMR, introduced himself to the BOH. Mr. Karson presented his annual update on the plume cleanup at the MMR.
A. FS 1 Plume. Mr. Karson stated that there are no public concerns out there at the present time.
B. John’s Pond Area. Mr. Karson stated that currently there are no more contaminations coming down into John’s Pond.
C. Leading Edge of CS 10 Plume. Mr. Karson reported that there is no more discharge to the pond. They are doing a feasibility study, looking at options for treatment. They are not looking at any options for treatment for the eastern CS 10 Plume. A decision will be made next year. The short term prognosis is for no concern.
D. Ashumet Pond. Mr. Karson stated that the overall prognosis is good. Two treatments have been done in the last two years. Alum treatment results show an increase in phosphorus occurs in the Pond in the fall. If the trend continues, they may consider doing another alum application. Mr. Karson stated that the overall prognosis is good for the Pond.
Kristina Curley, from the US Army Environmental Center Impact Area Groundwater Study Program, introduced herself to the Board. Ms. Curley stated that the good news is that the plumes are not impacting the Mashpee area. The private wells found last year near Mashpee were tested and were found to have no plume. The J3, J2North and J2 East plumes were found to have the highest levels of RDX contamination. Treatment for these plumes is scheduled to begin in August 2006. They are continuing to finish the definition of plumes that were not completed previously..
Lynda Wadsworth, from the Mass. National Guard Environmental & Readiness Center, introduced herself to the Board. The Center is there for two purposes: (1) a one-stop-shop for information for the community and (2) to run environmental programs that are related to current training practices. One of the main issues the Center is currently dealing with is the ammunition being used at the target practice areas. The tungsten ammunition being used was found to be very mobile (breaks down and moves quickly into the soil). The Army Environmental Center is currently investigating the situation. In February 2006 the Governor of Mass. decided to suspend use of the ammunition, to err on the side of caution. From May 22 through June 21, 2006, 5,250 tons of soil containing the tungsten was
removed to a site onto pile liners where it is covered with canvas and lashed down with sand bags and ropes. There is a need to find an alternative to the tungsten ammunition. Ms. Wadsworth stated that they are currently working with the regulators of the Fire Protection Agency on a pollution prevention plan which they hope to complete by May 2007.
2. Deer Crossing Commercial Condos – Septic System Update
Patrick Brady, representing Deer Crossing Commercial Condominiums, introduced himself to the Board. Mr. Brady stated that all plans for the septic system installation will be delivered to the Board of Health in three weeks, in time for the August 1st hearing. John Roland is currently doing a 10-day sampling. Mr. Brady stated that work will begin the day after Labor Day, 09/05/06, to install the septic system.
Glen Harrington outlined the following conditions for approval of the plans:
1. During installation, all septic system tanks and lines shall be air tested for water tightness.
2. Current floor plans for each building shall be submitted to the Board of Health prior to septic permit issue.
3. The industrial waste holding tank for the hair salon shall be installed per D.E.P. requirements
4. The professional engineer and septic installer shall certify in writing per “As Built” cards issued by the Board of Health that the system has been constructed in compliance with 310 CMR 15,000, the approved design plans and all local requirements by December 31, 2006. Failure to comply with this condition will result in denial of all Board of Health permits for calendar year 2007.
Steven Ball made a motion to amend the BOH 5/17/06 decision, to extend the completion date for installation of the Deer Crossing Commercial Condominiums septic system to 9/30/06, subject to the above four conditions being met as outlined by Glen Harrington. Lucy Burton seconded the motion. All approved.
3. Vito Marotta – BBQ Food Event
Steven Ball made a motion to continue this review until the next BOH meeting when the necessary information has been received. Lucy Burton seconded the motion. All approved.
4. Bayview Condominiums – Septic Inspection Variance
Glen Harrington made the following recommendations:
1. D box distribution should be raised up flush to the tennis court playing surface, so they don’t create a hazard.
2. Allow the variance to not have to raise up any of the covers over the four-by-four galleys (leaching trenches) because they are within the playing surface.
Lucy Burton made a motion to require that Bayview Condominiums either raise the D Box covers flush to the playing surface, or relocate all the D Boxes beyond the playing surface of the tennis courts. Steven Ball seconded the motion. All approved.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Approve Minutes of 04/19, 06 - 05/17/06 - 05/22/06 - 06/07/06
Minutes from the 04/19/06 meeting were revised as follows:
- Page 3, first paragraph, line 1, change neighbor to neighboring well.
- Page 3, first paragraph, line 5, change property to well.
- Page 4, under DISCUSSION, the last two paragraphs each need a heading added:
1. Mutual Aid Agreement
2. Serv Safe Training
Minutes from the 06/07/06 meeting were revised as follows:
- Page 2, under NEW BUSINESS, 3. Temporary Food Permits, paragraph 2, the word grid should be replaced with the words mobile units.
- Page 2, under NEW BUSINESS, 4. Temporary Food Permits, first paragraph, line 6, insert the word at before the word least.
- Page 3, under 5. Request for Title V Variance – 62 Waterline Drive, first paragraph, line two, change the word appliance to compliance.
Approval of the minutes from the meetings of 4/19/06, 5/17/06, 5/22/06, and 6/07/06 will be continued until the next BOH meeting when all Board members are in attendance.
3. Request for BOH Variance – 45 Little Neck Lane from Septic Inspection Regulation
Glen Harrington reported that he has received back no information from 45 Little Neck Lane. There has been no formal variance request from 45 Little Neck Lane.
Steven Ball made a motion to continue this review until the next BOH meeting when more information has been received from 45 Little Neck Lane. Lucy Burton seconded the motion. All approved.
4. Request for Title V and BOH Septic Variances – 26 Little Neck Lane
The new owners of this property are totally renovating the building and grounds, and have received ARC and Conservation Commission approval of their plans. They plan to install a denitrification unit with ultraviolet, D Box and leaching trenches.
Lucy Burton made a motion to approve the request from the property owners of 26 Little Neck Lane for the variances as outlined in a letter received dated 5/19/06 on the letterhead of Engineering Works, Civil Engineers, 12 W. Crossfield Road, Forestdale, MA., with the stipulation that conditions are met of the standard operation and maintenance for the Fast system and the ultraviolet. Steven Ball seconded the motion. All approved.
5. Food Establishment Permit Application & Request for Waiver of Fees: Mashpee Boosters
Lucy Burton made a motion to issue a food permit to the Mashpee Boosters Club, pending receipt of a Serv Safe Certificate from a member of the Boosters Club. Steven Ball seconded the motion. All approved.
Lucy Burton made a motion to waive the $100 food establishment permit fee for the Mashpee Boosters Club, due to their non-profit status. Steven Ball seconded the motion. All approved.
6. Food Establishment Permit Application – David Burton.
Lucy Burton made a motion to invoke the “rule of necessity” in order to allow her to vote on David Burton’s food establishment permit application. Steven Ball seconded the motion. All approved.
Glen Harrington made the following comments. For a mobile unit food permit, potentially hazardous food preparations must be prepared in a licensed facility (not at home). Only non-hazardous foods may be served from a mobile unit.
Steven Ball made a motion to approve the mobile unit food establishment permit application from David Burton, pending receipt of the $100 fee, with the stipulation that only non-hazardous food will be served. Lucy Burton seconded the motion. All approved.
7. Landfill Contract Review of FY 2007 Contracts.
Steven Ball made a motion to continue discussion of the landfill contract review until all three bids are received by the BOH. Lucy Burton seconded the motion. All approved
OLD BUSINESS
No old business.
DISCUSSION
1. Bobby Byrne’s Pub.
Glen Harrington reported that on receipt of a recent complaint, an inspection of Bobby Byrne’s Pub was conducted on 6/15/06, and found 17 BOH violations, 6 of which were critical. Two of the coolers were out of the required temperature, and all contents were discarded. The entire facility needed to be cleaned. A second inspection was conducted on 6/21/06. At this time all critical violations were taken care of. The kitchen floor had been cleaned, as well as the refrigeration units by the soups, but none of the remaining violations had been addressed. Bobby Byrne, who is responsible for the maintenance of the building, was present at the time of the 6/21/06 inspection. Glen Harrington further stated that the wood shelves are chipped and need to be covered with Marlite, with heavy duty
cornering. Jim O’Shea, Head Chef, was unaware that they were using two types of sanitizers, bleach and ammonia, which showed a lack of knowledge on his part. This constitutes a critical violation. Glen Harrington recommended that the BOH issue Bobby Byrne a “Show Cause” hearing notice, to explain why the facility is not taking steps to correct the violations.
Lucy Burton made a motion that the Bobby Byrne’s Pub be required to appear before the BOH on July 5, 2006 for a “Show Cause” Hearing as a result of the recent BOH food establishment inspection. Steven Ball seconded the motion. All approved.
2. Comprehensive Plan Review
Town Manager Joyce Mason has asked for review and comments on changes to the Comprehensive Plan Review by September 15th, 2006. Steven Ball and Lucy Burton agreed to review the documents.
3. Local Emergency Planning Committee (LEPC) Meeting.
Glen Harrington reported on a recent LEPC meeting to discuss hurricane preparedness. Joyce Mason has left it up to the Police and Fire Chiefs to come up with a preparedness plan. Glen Harrington requested that the BOH acknowledge that he and Dr. Lewis Mantel would like to put together some recommendations and guidelines from the BOH to present to Police and Fire Chiefs.
Next Meetings
The next two meetings of the BOH were scheduled for July 5, 2006, and July 19th, 2006. 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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