TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Wednesday, July 19, 2006
Board Members Present: Also Present:
Steven Ball, Chairman GlenHarrington, Health Agent
Lucy Burton, Vice Chairman
Glenn Santos, Clerk
Chairman Steven Ball called the meeting to order at 7:00 PM
APPOINTMENTS
1. James Supka – Jimmy’s BLT
James Supka introduced himself to the Board. Glen Harrington reviewed the case, stating that on 4/19/06, a letter was sent to James Supka giving him his food service license based upon three conditions: (1) a grease trap to be installed; (2) a general water test for the well to be done; (3) the establishment was to be hooked up to Town water within 45 days. At the last BOH meeting on 7/05/06 it was brought to the Board’s attention that the facility had met the first two conditions but had not yet been hooked up to Town water. On 7/07/06 a hand-delivered letter to Jimmy’s BLT from the BOH asked for a Show Cause hearing before the BOH at their 7/19/06 meeting at Town Hall. The BOH had requested that the As Built cards for the grease trap installations be provided, a letter
received from the engineer outlining the flows for the seating and the uses, and the total number of seats, and to have an inspection if an inspection was warranted. At this point the installer’s card from the engineer is missing.
James Supka stated that he has been following up with the engineer to get the required installer’s card, without success. The engineer does not respond to calls and has been uncooperative. Regarding the hookup to Town water, Mr. Supka stated that he is aware that he is behind on the hookup. He stated that the Water Dept. requires a check for $1200 at the time the application is submitted for Town Water. In order to complete the hookup, $4000 is required to complete the job. Mr. Supka stated that his problem is a financial one – he does not have the required funds to have his establishment hooked up to Town water at this point in time.
Glen Harrington stated that the previous restaurant owner had requested an increase in seating from 12 to 18 seats, and was using all paper and plastic. Glen Harrington had requested that this information be included on the grease trap plan, but that was not done. They showed 25 seats on the grease trap plan but did not outline the flows. Glen wanted to see how they got 25 seats because that is more than the 18 seats that were there at the time of the previous owner.
If paper and plastic are used, then 25 seats is in compliance. However, James Supka is using dishes, not paper and plastic ware. If Mr. Supka wants to use dishes, he will have to reduce the number of seats to 14.
Steven Ball stated that if Mr. Supka goes to paper and plastic, then 25 seats is fine. Or, Mr. Supka will have to bring it down to where the flow stays under 600 gallons if he continues to use dishes. If the flow goes over 600 gallons, the BOH will require a denitrification septic system.
The following is needed from Mr. Supka at this point: (a) the engineer’s card to close out the grease trap installation; (b) dishes must be replaced with paper and plastic goods in order to keep the 25 seats; (c) reduce the current flow from 875 gallons to 600 gallons in order to come into compliance with BOH regulation; (d) hookup to Town water.
Lucy Burton made a motion to amend the previous BOH decision as outlined in a letter dated 7/06/06 to James Supka for Jimmy’s BLT. Glenn Santos seconded the motion. All approved.
Lucy Burton made a motion to extend the BOH deadline for Jimmy’s BLT for 30 days to complete the following:
(a) receipt of the engineer’s As Built card for the grease trap installation
(b) septic inspection
(c) hook up to Town Water
(d) a satisfactory well water inspection
(e) conversion from dishes to paper and plastic ware by Friday morning, July 21, 2006.
Glenn Santos seconded the motion. All approved.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Approve Minutes of 4/19/06, 5/17/06, 5/22/06, 7/05/06.
Lucy Burton moved, seconded by Glenn Santos, that the minutes from the BOH meetings held on 4/19/06, 5/17/06, 5/22/06 be approved. All approved.
Glenn Santos made a motion to place on the agenda the review of minutes from the BOH meeting held on 6/21/06. Lucy Burton seconded the motion. All approved.
Glenn Santos moved that the minutes from the BOH meeting held on June 21, 2006 be approved. Lucy Burton seconded the motion. All approved.
The minutes from the 7/05/06 meeting were amended as follows:
-Page 1, under Bobby Byrne’s Pub, 6th paragraph, line 1, change the word marlade to marlite.
-Page 1, under Bobby Byrne’s Pub, 6th paragraph, line 2, wood counters should read wood surfaces.
-Page 1, under 45 Little Neck Lane, first paragraph, line 3, should read septic upgrade.
-Page 1, under 45 Little Neck Lane, first paragraph, the last sentence should read “The new BOH cesspool regulation requires that it be replaced prior to the sale, and they don’t want to have to pay for the septic upgrade prior to the sale.”
-Page 2, paragraph 1, line 2, the second sentence should read “No further exchange of ownership will be accepted until after the six month period or the septic is installed.”
-Page 2, under 86 Summersea Road, second line, change the word competed to completed.
-Page 3, under DISCUSSION, 1, third sentence, change DEP to DPW.
Lucy Burton moved that the minutes from the July 5, 2006 BOH meeting be approved as corrected. Glenn Santos seconded the motion. All approved.
3. Tobacco Compliance Violation: The Barn.
Glen Harrington stated that on July 5, 2006, the County Tobacco Control program did a tobacco compliance check on The Barn and found the owners smoking in the back room. This is their third violation within a 3-year time period. Their first violation was on 08/02/00, the second on 11/17/04, and the third on 01/10/06. Glen Harrington further stated that the fine for the first offense is $100; for the second offense, $200; and for the third offense, $300.
Glenn Santos made a motion to fine The Barn $300 for their third tobacco compliance violation within a 3-year period, with a letter from the Health Agent to the owner that The Barn is on probation for one year. Any further tobacco regulation violations will result in the suspension of the tobacco license for The Barn for a minimum of 30 days, with additional fines. Lucy Burton seconded the motion. All approved.
4. Landfill Contract Review of FY 2007 Contracts (continued from 6/21/06).
Glen Harrington reported that all three contract proposals have been received in their final form. Horsley Witten resubmitted a complete RFP including a copy of their annual report. The Horsley Witten proposal is the least expensive, at a total cost of $17,316.00. Glen Harrington stated that he investigated as to whether there was a post closure requirement for receipt of an annual or a bi-annual report and found that there was not. Glen stated that he is comfortable that Horsley Witten will do a good job.
Glenn Santos moved that the BOH accept the proposal from Horsley Witten for the FY 2007 for the monitoring of the Asher’s Path Landfill. Lucy Burton seconded the motion. All approved.
Glen Harrington will check with Joyce Mason to determine whether she is the person responsible for the signing of the contract.
5. Commercial Site Plan Review & Approval: Mashpee Free Clinic.
Timothy Santos, Vice President with Holmes & McGrath, introduced himself as representing the applicant Cape Cod Free Clinic located at 32 Commercial Street in Mashpee. The clinic will have approximately 9,800 square feet and will have 5 doctors and 2 dentists. The project will include construction of a building, a parking lot, grading, drainage as well as a septic system. Mr. Santos is proposing a denitrification septic system called a Ruck CFT. The system will be monitored for 18 months, and after 18 months will be monitored quarterly thereafter. Total flow will be 1650 gallons per day.
Glen Harrington noted that the denitrification trenches are set up close together, and was worried about possible overflow. The recommendation was to amend the plan to have one additional foot between the trenches, making a 3 foot space between each trench.
Lucy Burton made a motion to approve the grading, drainage and utilities septic plan for the Cape Cod Free Clinic as presented by Holmes & McGrath, with the condition that there be a three foot separation between each of the trenches. Glenn Santos seconded the motion. All approved.
6. Request for Waiver of Temporary Food Permit Fee: Sherry Bergeron, Artisans Fair
After the Board’s discussion of the food items to be handled by Sherry Bergeron at the Artisans Fair, it was determined that a temporary food permit was not required, and therefore there was no need for waiver of a temporary food permit fee.
Glenn Santos made a motion to deny the request by Sherry Bergeron for the Artisans Fair, for waiver of the temporary food permit fee, because the temporary food permit was not necessary. Steven Ball seconded the motion. All approved.
7. Request for BOH Review: Housing Inspection – 25 Cayuga Avenue
Glen Harrington stated that as a result of receipt of a complaint, he conducted an inspection at 25 Cayuga Avenue. The complaint was that there was the belief that too many people were living there due to the number of cars that were regularly parked there, and the amount of noise emanating from the house at late night parties. When Glen Harrington went to the house for inspection, the owner was there and allowed him into the house. The house has three bedrooms upstairs and also three bedrooms added in the basement. The property is assessed for three bedrooms only. Glen surmised that the current owner of the property is not the one who did the original alterations.
Glenn Santos directed the Health Agent to send a certified letter to the current owner of the property at 25 Cayuga Avenue, ordering him to appear before the BOH for a Show Cause Hearing at their next scheduled meeting of August 2, 2006. Failure to appear at the Show Cause Hearing will result in the receipt of an eviction notice by property owner.
8. Commercial Site Plan Review & Approval: Stratford Ponds, Leaching Relocation
Glen Harrington stated that the DEP gave Stratford Ponds a new draft ground water discharge permit, and because their leaching to their wastewater treatment plant was in Zone 2, they were hit with the more extensive and newly upgraded draft permit which was going to require them to upgrade to their existing wastewater treatment plant so they could meet their new discharge limits, which were very strict, and the monitoring was very expensive. They can stay with their existing permit if they relocate their existing leaching outside of the Zone 2. Stratford Ponds can thus avoid the upgrade to the new draft permit, which is what they are requesting permission to do. Stratford Ponds is appealing the draft permit through the State. The Planning Board has asked that the BOH review the request and give their
comments on the request.
Glenn Santos made a motion to approve the Commercial Site leaching relocation plan for Stratford Ponds. Lucy Burton seconded the motion. All approved.
Lucy Burton made a motion to place on the agenda the Mashpee Pop Warner Football Request. Steven Ball seconded the motion. All approved.
9. Mashpee Pop Warner Football Request for Fee Waiver of Food Establishment Permit
Lucy Burton made a motion to approve the request by the Mashpee Pop Warner Football for a temporary nonprofit Food Establishment Permit, and for waiver of the fee for the permit. Steven Ball seconded the motion. Glenn Santos opposed the motion. Lucy Burton and Steven Ball voted in favor of the motion. The motion passed.
OLD BUSINESS
1. Request for Title V Variance: Bert Liebman, 86 Summersea Road
Glen Harrington reviewed the request from Bert Liebman for a Title V variance for his upstairs loft area. The house Mr. Liebman is building is considered a one bedroom and currently has septic approval for one bedroom. The septic system installed at 86 Summersea Road is the Amphidrome system for three bedrooms. Mr. Liebman is interested in creating a loft on the second floor, to be used as an art room for his wife. This technically will create a second bedroom. Mr.Liebman is actively seeking land in the Mashpee Zone II recharge area in order to allow for the second bedroom addition. To date, he has been unsuccessful in this effort. Mr. Liebman is requesting a Title V variance request from the BOH to consider the loft not as an additional bedroom. The BOH asked Mr. Liebman to write a
letter to the BOH stating his request, for the Board’s consideration at their next meeting on 7/19/06. Mr. Liebman’s letter was received by the BOH on 7/18/06.
Glen Harrington stated that the variance Mr. Liebman would have to request from the State DEP would be a Title V variance for bedrooms, and the DEP will never go along with this. There is no variance that Mr. Liebman can apply for to the BOH that the DEP would even consider. Mr. Liebman cannot go directly to the DEP for a variance request; the BOH must first sanction the request for the variance.
Glenn Santos made a motion to deny the request for a Title V variance for 86 Summersea Road. Lucy Burton seconded the motion. All approved.
2. Bobby Byrne’s Pub – Follow Up
Glen Harrington reported that Bobby Byrne had submitted his internal policies, and also posters and labeling that he has put around for notification to the other employees, as well as information about some of the training he plans to set up. Glen Harrington will remind Bobby Byrne that he needs to put in a request for the use of cardboard on the floor when it is raining, as a safety precaution to prevent slipping when deliveries are being made.
3. Elevated Rate of Sexually Transmitted Diseases among Mashpee Teens – Follow Up
Lucy Burton reported that she and Glen Harrington had a follow-up meeting on July 6th with MaryRose Grady from the Wellness Committee and the School Superintendant. At this second meeting, the School Committee decided to hold off until September on sending letters out to both students and parents to raise awareness of the situation. The BOH decided to send out a press release to the Mashpee Enterprise immediately to get the word out as far as education and prevention. The School Committee was in agreement with this action.
Glen Harrington reported that Lisa Crowner, Southeast Region Education Coordinator for the State, had gotten back to him with information, as well as a Services and Resource Guide. The Free Clinic has agreed to help, but has requested some financial help if they are to service the entire Town of Mashpee. Information from the VNA indicates that Falmouth and Hyannis have affiliated Cape Cod Health Care clinics where patients can receive clinical work as well as follow up counseling. The main contact at DPH, Jen Brandel, has not yet been reached. The Center for Disease Control (CDC) has come out with a draft on talking points, which are essentially items that can be used to bring an awareness to the public.
Glen Harrington will meet with Brian Kehrl, reporter from the Mashpee Enterprise, to give him the technical aspects and the correct information on the topic in order to prepare a full media release.
DISCUSSION
1. Septic Loan Program Article. Glen Harrington stated that the article is basically for housekeeping. The county has taken over the entire community septic loan program, and the Town is no longer receiving funds, but the Town has received four rounds of funds. That money is being paid back monthly, to enable the Town to reapply for funds and continue to receive funds. The fund is basically a revolving fund.
2. Glenn Santos – Question on Horses Bathing at Beaches on John’s Pond.
Glenn Santos asked whether it was within regulation to allow animals such as horses to bathe at a beach area. Glen Harrington stated that there are posted warnings at bathing beaches which do not allow dogs on the beach. This warning would apply to all animals including horses. Glen Harrington will look for the official regulation on the issue and report back to the BOH.
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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