TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes from the Meeting of Wednesday, October 25, 2006
Board Members Present: Board Members Absent: Also Present:
Steven Ball, Chairman Glenn Santos, Clerk Glen Harrington, Health Agent
Lucy Burton, Vice Chairman
Chairman Steven Ball called the meeting to order at 7:00 PM in the Board of Health office. The meeting reconvened across the hall in Conference Room 3.
APPOINTMENTS
1. Deer Crossing – Appeal of BOH Fines
Pat Brady, attorney for the Deer Crossing Association, introduced himself to the Board. Mr. Brady stated that there was going to be a change of occupancy in Building A. The restaurant, Michele’s Kitchen, is proposed to be replaced with retail or office space and will no longer be a restaurant use. This change results in a significant reduction in the design flow and will not require a septic tank of 10,000 gallons.
Glen Harrington stated that in July, 2006 the Board of Health granted a courtesy “drop dead” date of September 30, 2006 to complete the septic work at Deer Crossing. The Board had been given promises by Attorney Brady that work would begin the day after Labor Day to replace the failed septic system.
David Newton, general contractor, introduced himself to the Board. He reported that October 13th was the date that ground had been broken and the work begun. He stated that the first system is completed; the second system, Building D, will be completed by Friday, Oct. 27th. The third system, Building A, will be completed by Nov. 30th.
Steven Ball stated that Deer Crossing was still in violation of the BOH required date of 9/30/06 for breaking ground from 10/01/06 thru 10/13/06, and that the $1000 per day fines still applied. Mr. Brady asked that the fines be waived for the 13 days because unfortunately they could not get the contractors on site. The delays were contractor delays, and were not of Deer Crossing’s making. Mr. Brady stated that the reasons for the construction delays were explained to Glen Harrington in advance of October 1st. Mr. Brady’s estimated date of completion of the total project was now November 30, 2006.
Steven Ball suggested the following scenario. The fines for 13 days will remain. Deer Crossing will have until Nov. 30th to complete the project. If it is completed by Nov. 30th, Deer Crossing will come before a full Board of Health in attendance, to appeal the $13,000 in fines.
Glen Harrington commented that this is the last administrative review of the fines that the BOH will see. If the BOH makes a decision now to include the fines, and the fines are appealed, the appeal must be done through court, and not through the BOH.
Lucy Burton made a motion to continue the appeal by Deer Crossing Condominiums of $13,000 in fines levied by the BOH, to the December 13th BOH meeting. Steven Ball seconded the motion. All approved.
Lucy Burton made a motion to add to the BOH agenda for this evening, discussion of 681 Falmouth Road, Deer Crossing Realty Trust, Removal of Michelle’s Kitchen in Building A at Deer Crossing. Steven Ball seconded the motion.
Matthew Eddy, with Baxter Nye Engineering & Surveying, introduced himself to the Board. Mr. Eddy stated that he was requested by the owner, Deer Crossing Realty Trust, to revise the plan for the septic system on Building A. Mr. Eddy stated that he was informed that Michelle’s Kitchen was going to be vacating the space as of 12/01/06 to be replaced with retail or office space and would no longer be a restaurant use. The proposed change of use from restaurant to retail/office space reduces the overall building design flow from 6,000 GPD to 3,200 GPD. The septic system revisions are as follows:
1) the septic tank is one tank of 10,000 gal., reduced from two tanks totaling 18,000
2) one FAST 9.0 de-nitrification system is now required, reduced from two FAST 9.0 systems
3) the pump chamber is now 6,000 gallons, reduced from 9,000 gallons
4) two Bio-Microbics LIXOR 1.0 aerator pumps have been added to the septic tank
The revised design flow plans result in a reduction of components required for the septic system which will result in significant reduction in costs. Matt Eddy stated that he was advised not to begin work on installing the revised system until the BOH had approved the new plans.
Glen Harrington commented that the plans technically looked fine. He questioned what threshold the BOH wanted to use to make sure that the property is vacant.
Jane Hamblin, owner of Michelle’s Kitchen, introduced herself to the Board. Ms. Hamblin stated that for the record, she is not leaving Building A. Lucy Burton confirmed with Ms. Hamblin that her food establishment is still operational, and that she has a valid 2006 Food Establishment permit.
Pat Brady stated that the issue between Jane Hamblin and Deer Crossing Realty Trust is a landlord-tenant issue. Jane Hamblin is a tenant-at-will. Mr. Hajjar, Deer Crossing Trustee, stated that he had treated Ms. Hamblin well. Her rent was $1200 per month; her share of the cost to install the new septic system was $110,000, and Mr. Hajjar had offered to subsidize some of her cost by putting up $45,000 of his own money. As a tenant-at-will, Ms. Hamblin could decide to leave at any time. Mr. Hajjar did not want to take the chance to invest the entire $110,000 to cover the restaurant’s share of the costs, since Ms. Hamblin could vacate the building at will at any time, and the higher capacity septic system would no longer be required.
Glen Harrington stated that it would be difficult for the BOH to issue a new permit on the revised septic system plan for Building A without 100% assurance that Michele’s Kitchen would be vacating the building as of Nov. 30th, 2006. Mr. Brady stated that Jane Hamblin has been given a notice to quit as of 11/30/06. For a tenant-at-will, a notice to quit is an official termination of tenancy.
Glen Harrington stated that the BOH could issue a 2007 permit to Michele’s Kitchen. However, an address must be attached to the permit. If Michele’s Kitchen is forced through legal channels to vacate the property, the 2007 permit would then become null and void.
Lucy Burton made a motion to approve the revised 10/16/06 Deer Crossing Building A plan to 3,200 gallons daily flow with the stipulation that the grease trap remains operational until the restaurant in Deer Crossing Unit #A-17 is vacated, at which time the grease trap will be pumped and filled, pending consultation by the Health Agent with Town Counsel. Steven Ball seconded the motion. All approved.
Steven Ball made a motion to rescind the previously approved motion which stated that the BOH continue the appeal by Deer Crossings Condominiums of $13,000 in fines levied by the BOH, to the 12/13/06 BOH meeting. Lucy Burton seconded the motion. All approved.
Steven Ball made a motion to waive the $1000 per day fines levied on Deer Crossing from 10/01/06 to 10/13/06. Lucy Burton seconded the motion. All approved.
Steven Ball made a motion that all septic systems for Deer Crossing buildings A,B, and D must be installed and finally inspected by a Health agent by November 30, 2006. Lucy Burton seconded the motion. All approved.
2. William Zammer – Variance Request – 4 Squaw’s Lane.
The Board agreed to continue discussion of the 4 Squaw’s Lane variance request to the next BOH meeting, as Mr. Zammer was not in attendance.
3. James E. Clair – Septic Inspection Regulation Variance Request
James Clair introduced himself to the Board, as a Mashpee resident at 32 Amos Landing Road, also known as Sandalwood. Mr. Clair stated that he is trying to sell his home. The septic system inspection report he received indicated that his septic system was in noncompliance with BOH regulation. The tank is in the driveway and is not an H 20.
Mr. Clair stated that he has received a quote of $5000 to replace and relocate the tank. Mr. Clair’s feeling is that the system has been functioning well for the past 20 years and is not a danger to anyone. Mr. Clair is therefore requesting a variance from the septic regulation which would require that the tank be relocated and replaced with an H 20, at a cost to him of $5000 or more.
After discussion of the issue, the Board agreed that there was no way to approve a variance from the BOH regulation requiring that the tank and distribution box both be upgraded to an H 20 loading, and relocated from underneath the driveway.
Steven Ball made a motion to deny the septic regulation variance request by Mr. Clair. Lucy Burton seconded the motion. All approved.
Mirage Hair Salon at Deer Crossing – Variance Request
Glen Harrington reported on an issue related to the Mirage Hair Salon located at Deer Crossing. The BOH had previously approved a variance request by Matt Eddy of Baxter Nye Engineering, on behalf of Deer Crossing, to allow the effluent from the hair salon to enter the FAST system in Building D. Although the BOH approved the request, the DEP denied it. Mr. Spencer, owner of the Mirage Hair Salon, Mr. Eddy, and Glen Harrington agreed to get together outside the Board of Health meeting to work together to resolve the issue.
NEW BUSINESS
1. Sign warrants.
The Board members signed the warrants.
2. Approve Minutes of October 11, 2006.
Lucy Burton moved to continue approval of the 10/11/06 minutes until the next BOH meeting. Steven Ball seconded the motion. All approved.
3. Commercial Trash Hauler Application: Louis Seligowski
Glen Harrington reported that the application from Louis Seligowski was incomplete.
Lucy Burton made a motion to continue review of Louis Seligowski’s trash hauler application. Steven Ball seconded the motion. All approved.
4. Septic Hauler License Application: Pastore Excavation, Inc.
Glen Harrington stated that he has reviewed the application, and found it to be in order.
Lucy Burton made a motion to approve the septic hauler license application from Pastore Excavation, Inc. Steven Ball seconded the motion. All approved.
Lucy Burton made a motion to incorporate the 2006 Pastore Excavation, Inc. permit fee into its 2007 permit fee, inasmuch as it is so close to year-end 2006. Steven Ball seconded the motion. All approved.
5. Commercial Site Plan & Design Plan Review and Approval: 168 & 184 Industrial Drive
Glen Harrington requested that approval of the plans be continued until the next BOH meeting, to allow him additional time to review the plans submitted.
Lucy Burton made a motion to continue review and approval of the commercial site plan and design plan review for 168 and 184 Industrial Drive to the next BOH meeting. Steven Ball seconded the motion. All approved.
6. Definitive Subdivision Plan Review & Approval: Robert J. Taylor, 213 Great Neck Rd. North
Glen Harrington stated that he had reviewed the plan and had no issues or concerns.
Lucy Burton made a motion to approve the definitive subdivision plan for 213 Great Neck Road North. Steven Ball seconded the motion. All approved.
7. Proposed Amendments to “Recycling Regulation”.
Steven Ball made a motion to continue discussion of the proposed amendments to the Recycling Regulation until Glenn Santos is present at a BOH meeting. Lucy Burton seconded the motion. All approved.
OLD BUSINESS
No old business.
DISCUSSION
1. Restaurant Rating System
Glen Harrington stated that he has nothing new written up as yet to see what the best way would be to devise a rating system. Lucy Burton commented that the first next step would be to determine how difficult it would be to integrate a restaurant rating system into the GEOTMS. Glen Harrington stated that we are not at the point yet, as a Town, to have the rating system incorporated into GEOTMS.
2. Proposed Food Service Regulation re: Date and Time Labeling for Take-out Services
Glen Harrington stated that this is something the BOH is planning to do. More time is needed, however, to work out the process.
3. MAHB Schedule
Glen Harrington stated that he will attend the MHOA the first week in November. The one scheduled for Dec. 2 is in Framingham. Lucy Burton stated that she would be able to attend this session.
4. Board Meeting Schedule
The next meeting of the Board of Health was scheduled for Wednesday, November 8, 2006, at 7:00 PM in the Board of Health office, Town Hall. As there was no further business, the meeting was adjourned at 9:26 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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