TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Wednesday, Dec. 13, 2006
Board Members Present: Members Absent: Also Present:
Lucy Burton, Vice Chairman Steven Ball, Chairman Glen Harrington, Health Agent
Glenn Santos, Clerk
Vice Chairman Lucy Burton called the meeting to order at 7:00 PM.
APPOINTMENTS
7:15 PM. Cape & Islands Engineering – 71 Monomoscoy Road.
Discussion of this topic was continued until the next Board of Health meeting, on Jan. 10, 2007.
7:30 PM. Cape & Islands Engineering - 4 Squaws Lane.
Discussion of this topic was continued until the next Board of Health meeting, on Jan.10, 2007.
7:45 PM. Dorothea Stebbins – Stable Regulation Variance – 3 Beechwood Drive.
Dorothea Stebbins and Kenneth Stebbins introduced themselves to the Board. Glen Harrington stated that Mr. and Mrs. Stebbins were requesting a variance from the stable regulation which requires that a barn be 50 feet from any house or dwelling, and that no horse shall be pastured on any land unless that area is 50 feet away from the house. Mrs. Stebbins stated that they would like to replace an existing small shed which is 28 feet from the house, with a new barn that would be 12’ x 26’, with two stalls each 10’ x 12’.
Lucy Burton stated that she had driven by the property today, and her impression was that the lot was too small for a barn and pastureland. Glen Harrington stated his reservations about having a stable on such a small lot because of the potential nuisance problems with odors from manure, and flies.
Glenn Santos stated that he would like to have Mr. and Mrs. Stebbins get exact measurements of the distance between the proposed barn and the pastureland from the house, as well as the distance from the abutters to the property. Lucy Burton recommended that should Mr.& Mrs. Stebbins decide to pursue the project, they come back to the BOH with a plan drawn to scale, of the barn, the pastureland and the abutters location, in order to better assess the feasibility of approving their stable regulation variance request.
Glenn Santos made a motion to continue discussion of the variance request until the next BOH meeting on January 10, 2007. Lucy Burton seconded the motion. All approved.
8:00 PM. Subway Grease Trap Variance – Eric McCarthy.
Eric McCarthy introduced himself to the Board. Glen Harrington stated that during the engineering research to do a complete inspection at Deer Crossing, it was found that the Subway Unit D-11 never had an exterior grease trap to it. Prior businesses in the unit included a bakery and a fish shop, and never required an outside grease trap.
Eric McCarthy now is requesting a variance to meet the requirements from 310 CMR 15.230, which currently requires the installation of at least a 1,000 gallon external grease trap at the Subway. His request is in accordance with 310 CMR 15.410 to replace the current passive grease removal device, located under the three-compartment sink at Subway, with the “Big Dipper’, a mechanical grease removal system. The reason for the request is that the installation and/or connection to an external grease trap would be very disruptive to the Subway’s business, and extremely costly to complete.
Glen Harrington’s conditions to approval of the variance request were as follows:
- that there will be no change in the current menu or food preparation
- that the variance would be granted only to Eric McCarthy for the duration of the Subway lease. Any tenancy change would have to be reviewed by the BOH for approval of the variance.
- that there be no high temperature dishwasher installed
Glenn Santos commented that the owner of the property, and not Eric McCarthy, should have been the person to come before the Board with this variance request.
Glenn Santos made a motion to approve the variance request submitted by Eric McCarthy for the Subway located at 681 Falmouth Road, with the above conditions as outlined by Glen Harrington. Lucy Burton seconded the motion. All approved.
8:15 PM. William Harvey – “Show Cause” Hearing for Title V Violation via Signature Forgery.
The Show Cause hearing was continued to the next BOH meeting, since William Harvey was not in attendance.
Glen Harrington gave the following background. On November 14, 2006, Title V design plans for the installation of a septic system at 321 Monomoscoy Road were approved by the BOH office. On the same date, a septic permit and “as-built” cards were issued to Mr. Harvey for the installation of the septic system. On the same day, the engineer’s and installer’s as-built cards were returned to the BOH office. The certificate of compliance was issued as required per 310 CMR 15.00 of the State Environmental Code Title V: Minimum Requirements for the Subsurface Disposal of Sanitary Sewage.
Subsequent to issuance of the certificate of compliance, Mr. Dan Johnson, Registered Sanitarian who designed the Title V design plan, contacted the BOH office and requested an as-built card to complete and forward to the BOH office. Mr. Johnson was informed that the BOH office had already received the as-built card. Upon review of the Engineer’s/Registered Sanitarian’s as-built card submitted to the BOH office, it became evident that the signature had been forged. This is in direct violation of the Title V 310 CMR 15.021(3). Mr. Johnson, the engineer, has denied submitting the engineer’s as-built card. The signature on the card does not match Mr. Johnson’s signature.
Glen Harrington will request a signed as-built card from Dan Johnson.
Glenn Santos made a motion to deny William Harvey a 2007 Installer’s license in the Town of Mashpee, until Mr. Harvey appears before the BOH for a “Show Cause” hearing. Lucy Burton seconded the motion. All approved.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Approve Minutes of November 22, 2006.
The following corrections were made to the minutes from the 11/22/06 BOH meeting:
Page 3, #7, line 2, change Catharine to Catherine
Page 3, #9, line 7, change Ferron to Farren.
Page 3, #10, move Lucy Burton’s motion to add 45 Little Neck Lane to the agenda to under the heading labeled: 10. 45 Little Neck Lane, New Seabury.
Page 4, under Restaurant Food Handlers Not Wearing Gloves, paragraph 3, line 2, change the word offender to the words establishment owner/manager
Page 4, under 14 Oneida Avenue, line 2, change Bob Kerrigan to Paul Kerrigan.
Page 4, under Restaurant Food Handlers Not Wearing Gloves, add the following 4th paragraph: Lucy Burton requested that a courtesy letter be sent from the BOH to restaurant establishments, reminding the owners of the regulation pertaining to the requirement for food handlers to wear gloves when preparing
potentially hazardous foods, informing restaurant owners in advance of what the repercussions will be regarding fines that will be levied on offending establishments.
Page 4, first line, add the statement: Glenn Santos opposed the motion.
Glenn Santos made a motion to approve as corrected the minutes of the Nov. 22, 2006 BOH meeting. Lucy Burton seconded the motion. All approved.
3. Nuisance and Plumbing Code Violations: Attorney Gildea representing Popponesset Marketplace.
Glen Harrington stated that a letter from the BOH dated Nov. 7, 2006 had been sent to Chris Burden, outlining the plumbing code violations that currently exist at Popponesset Marketplace, 259 Rock Landing Road in Mashpee. The maintenance company for the Popponesset Marketplace confirmed that water is drained and shut off in all buildings during the winter months. The two year-round occupants of the buildings at Popponesset Marketplace, Peter McEntee of Engineering Works and Peter Scalata of the Coffee Table Café, must drive over to the New Seabury Real Estate office to use their sanitary facilities. The 11/07/06 BOH letter stated that Mr. Burden was hereby ordered to supply potable water to one of the two existing sanitary facilities located within Popponesset Marketplace within 5 days from receipt of the Nov. 7th letter. To date, Mr. Burden has not complied with that order.
Mark C. Gildea, the attorney who represents the Popponesst Marketplace, responded to the BOH in a letter dated 11/17/06, stating that he would appear before the Board of Health to address the issues contained in the 11/07/06 BOH letter to Chris Burden. Mr. Gildea requested an opportunity to meet with Glen Harrington prior to the BOH meeting, to review the issues.
Glen Harrington stated that he had faxed Mr. Gildea a schedule of his available times to meet with him in advance of the BOH meeting, but never heard back from him. Mr. Harrington also called Mr. Gildea’s office and left messages for him but never got a return call. Mr. Gildea was not in attendance at the BOH meeting tonight.
Glenn Santos made a motion to have the Health Agent go to the Popponesset Marketplace together with Richard Stevens from the Building Department, to condemn the buildings in violation of the State sanitary code and the State plumbing code. Glen Harrington and Richard Stevens are also directed to investigate whether there are other tenants occupying the buildings as well as Peter McEntee and Peter Scalata who also are without running water. Lucy Burton seconded the motion. All approved.
4. Review of Letter to Food Establishments re: Fines of Bare-Hand Contact with Ready-to-eat Foods.
Glenn Santos stated that he had reviewed the letter dated December 8, 2006, to all Mashpee licensed Food Establishment Owners/Managers, and is in agreement with sending the letter out. He stated that Steven Ball has already agreed to use of the letter, as well.
Glenn Santos made a motion to approve the notification letter to the Mashpee Food Establishment Owners/Managers with the following amendment to the first sentence of the second paragraph: “If an agent of the Board of Health at a Mashpee licensed food establishment observes any food handler preparing Ready-to-Eat food without the use of tongs, spatulas, single-use gloves, deli tissue or dispensing equipment, it shall be documented on the inspection form as a violation (per the Federal Food Code, Section 3-3-1.11).” Lucy Burton seconded the motion. All approved.
OLD BUSINESS
Deer Crossing – Correspondence from Engineer – FYI.
Glen Harrington reported receipt of a letter from Matthew Eddy, Baxter Nye Engineering, with a status report on completion of the FAST septic systems at Deer Crossing. Mr. Eddy reported that as of 11/30/06, all components are installed, Buildings B and D are operational. Building A is waiting on an upgrade of electrical service to three phase to power the FAST system blowers and pumps within the pump chamber. Due to the timing requirements of NStar the three-phase service is not anticipated to be installed until the first week in December.
Glen Harrington reported on a meeting with Attorney Rick Dalton. Mr. Dalton had two requests of the BOH:
1) a copy of the transcripts of the BOH meeting held on 10/25/06
2) information regarding any steps the BOH intended to take regarding issuance/non- issuance of the 2007 permit for Michele’s Kitchen.
Glen Harrington stated that he informed Attorney Dalton that it was not the Board’s intention to put Michele’s Kitchen out of business. Attorney Rick Dalton reported that December 21st was the Summary Process court date.
Mashpee School Cafeterias – Status of Compliance
Lucy Burton reported that she attended the Mashpee School Health Advisory meeting last week. The principal of the school announced that the dishwasher was broken again, and needs to be replaced. Also, a topic discussed was the salad bar at the Quashnet School. The Town employee making the salads prepares large quantities of salad on Monday, to last for the entire school week. By Wednesday, the salad ingredients are becoming stale. This is a problem that will need to be addressed by the Health Advisory committee and the Board of Health.
Paul Reardon, 32 Forest Drive – Housing Violations
Glen Harrington stated that at the last BOH meeting, Paul Reardon claimed ignorance as to the qualifications of Mr. Harvey, the person who was hired to investigate post remedial health and safety conditions of the dwelling at 32 Forest Drive. After the BOH meeting, in a follow-up telephone call to the Board of Health, Mr. Reardon reported that Mr. Harvey is a mold contractor in the State of Connecticut only. Therefore, Mr. Reardon is still in non-compliance with the Board of Health “order letter” dated 9/29/06. Meanwhile, Mr. Reardon has a contractor cleaning out the inside of the dwelling with no oversight from a licensed industrial hygienist.
Glen Harrington stated that he had prepared a certified letter to Mr. Reardon dated 12/13/06, stating that Mr. Reardon is still in non-compliance with the Board of Health order to hire a certified Industrial Hygienist to investigate post remedial health and safety conditions at 32 Forest Drive. The letter informs Mr. Reardon that failure to comply with the requirements will result in fines and/or court action.
Lucy Burton made a motion that Glen Harrington and the Building Inspector go to 32 Forest Drive to investigate whether the contractor is a licensed Certified Industrial Hygienist. If he is not, Glen Harrington should order the contractor to cease and desist, and condemn the property, based on potential for harm. Glenn Santos seconded the motion. All approved.
Cape Waste Past Due – FYI
DPW has shut off Cape Waste due to past due payments for trash disposal. The BOH will send a memo to Catherine Laurent confirming that it is the BOH responsibility to shut off Cape Waste for nonpayment.
2007 Fee Schedule.
Glen Harrington stated that the BOH needs to decide on a date as to when to roll over 2006 fees covering new applications, to be added to the 2007 fees.
DISCUSSION – Recycling Regulation
Charles Gasior introduced himself to the Board. Mr. Gasior is a member of the two-member Mashpee Recycling Committee, along with Catherine Laurent.
For the past several years, the eight trash-hauling companies licensed in Mashpee have not been providing the required BOH report of their monthly recycling figures. Some of the trash-hauling companies have declined requests from condominium residents and home owners in Mashpee to provide recycling. Waste Management, for one, when called by a Mashpee resident, was told that they do not offer recycling services. Others are offering the service but are charging extra for the service.
Glenn Santos suggested that the Town have a televised public meeting on January 24, 2007, and invite representatives of the trash haulers, the Mashpee Recycling Committee, the Department of Public Works, and the Mashpee Board of Selectmen to discuss the recycling regulation, the companies’ noncompliance, and possible solutions to revamp the regulation to have in place by 2008. The intention of the hearing would be to get all parties on the same page. With input from the haulers, the BOH will explore various options to encourage more recycling, including financial incentives. The BOH Recycling Regulation will be updated to match current state policy, such as including more recycling options than are now required, i.e., various types of plastic, metal cans, and glass. Mr. Gasior suggested that trash haulers
should be made aware of the recycling regulations when they come to the BOH to renew their trash hauling license. Glen Harrington agreed to send out a letter to the haulers reminding them that their 2007 hauling permit requires that they offer the recycling service, and that monthly BOH recycling reports are required. The Board members agreed to move forward with the plan for a televised hearing at the BOH meeting on January 24, 2007.
The next meeting of the Board of Health is scheduled for Wednesday, January 10, 2007, at 7:00 PM, in the Board of Health office, Town Hall.
As there was no further business, the meeting was adjourned at 9:35 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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