TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Wednesday, January 10, 2007
Board Members Present: Also Present:
Steven Ball, Chairman Glen Harrington, Health Agent
Lucy Burton, Vice Chairman
Glenn Santos, Clerk
Chairman Steven Ball called the meeting to order at 7:00 PM.
APPOINTMENTS
7:15 PM Peter McEntee – Title V Hearing – 29 East Road
Peter McEntee introduced himself to the Board, and stated that he was requesting Board approval of the following variances for the purpose of a Title V Septic Upgrade at 29 East Road.
1) a 1’ reduction to the maximum cover requirement of 3’ for 4’ of cover to be placed over the SAS, which shall be vented.
2) an 8’variance, septic tank/pump chamber to side property line, for a 2’ setback.
3) an 8’ variance, septic tank/pump chamber to front property line, for a 2’ setback.
In his letter to the Board of Health dated 12/13/06, Mr. McEntee stated that the property line variances are requested to minimize the potential of undermining the existing structure. The maximum cover variance is requested to reduce breakout elevation.
Glenn Santos made a motion to approve the proposed septic system upgrade plan for 29 East Road as well as the three above-noted variance requests, as submitted by Mr. McEntee in his 12/13/06 letter. Lucy Burton seconded the motion. All approved.
7:30 PM. BSC Group/St. Pierre – 265 Monomoscoy Road – Request to Change I/A Technology
David Crispin, Senior Associate with BSC Group introduced himself and Mr. Rod St. Pierre, BSC Home Owner. David Crispin is requesting that the BOH approve a DEP-approved remedial use product to modify the interior plumbing at 265 Monomoscoy Road to allow the toilets to be connected to the existing system along with the addition of a SludgeHammer innovative treatment unit in the existing septic tank. The use of the SludgeHammer will allow the use of a Salcor sterilization unit prior to discharge. However, BSC is requesting that the BOH not require the sterilization unit as they feel it is unnecessary and will provide no additional value. Also, the added installation and operational costs of a sterilization unit is substantial.
Lucy Burton made a motion to approve the request by BSC Group to modify the interior plumbing at 265 Monomoscoy Road to allow the toilets to be connected to the existing system with the addition of a SludgeHammer treatment unit in the existing septic tank, including ultraviolet light. The standard quarterly inspection monitoring for two years will be required. Glenn Santos seconded the motion. All approved.
7:45 PM. Paul Reardon – “Show Cause” Hearing - Housing Code Violations
Pam Ross, Property Manager at 32 Forest Drive, introduced herself to the Board.
Glen Harrington provided the following background information regarding Paul Reardon’s Housing Code Violations. Paul Reardon was requested to attend the BOH meeting on 11/22/06 to “show cause” why he had failed to retain the services of a professional Certified Industrial Hygienist to investigate post remedial health and safety conditions of the dwelling at 32 Forest Drive. At the 11/22/06 meeting, Mr. Reardon stated that he had no knowledge as to the credentials of who was hired, only that the Property Manager had hired a “contractor”. In a telephone message to the BOH following the 11/22/06 meeting, Mr. Reardon reported that the “contractor”, Mr. Harvey, was a mold contractor in the State of Connecticut only. Therefore, Mr. Reardon is still in non-compliance with the
Board of Health order letter of 9/29/06, to retain the services of a professional Certified Industrial Hygienist to investigate post remedial health and safety conditions of the dwelling at 32 Forest Drive.
Pam Ross stated that Andrew Provitola, a certified Industrial Hygienist, had been hired as of 12/15/06.
No testing results have been received as yet. It will be necessary for the BOH to make an inspection of the property before it can be rented again. Electrical permits also will be needed. Mr. Reardon is now in compliance with the BOH order letter of 9/29/06.
8:00 PM. Cape & Islands Engineering – “Show Cause” Hearing – 4 Squaw’s Lane
The Show Cause Hearing was continued to the next BOH meeting.
8:15 PM. William Harvey - “Show Cause” Hearing – Title V Violation
Glen Harrington gave background information on the Show Cause hearing. He stated that there was a repair done by Mr. Harvey at 321 Monomoscoy Road on 11/14/06. The plans for the repair were received by BOH, the plans were approved, and the septic was installed, all on 11/14/06. Dan Johnson, the engineer, did go out to inspect the work after the installation, but the signature on the engineer’s As Built card turned in to the BOH was not that of Dan Johnson. The signature had been forged by Mr. Harvey.
Mr. Harvey gave the following explanation. Dan Johnson, Engineer, did do the inspection after installation of the septic system. However, Mr. Johnson left to attend a funeral before signing the As Built Card, and was going to be out of town for three days. In Dan Johnson’s absence, Mr. Harvey signed the card for him, in order to expedite receipt of the compliance cards so there could be a closing on the Monomoscoy property. Mr. Harvey was leaving the following day to go to Florida.
Glenn Santos made a motion that Mr. Harvey be fined $100 for the violation, and probation for one year. If the violation occurs again, Mr. Harvey will be fined $1000 per day and will lose his installer’s license. Lucy Burton seconded the motion. All approved.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Approve Minutes of December 13, 2006 and Executive Session Minutes of 11/22/06
The following corrections were made to the 12/12/06 minutes:
- Page 2, under 8:15 PM William Harvey “Show Cause” Hearing, paragraph 2, line 2, change 32 Kilmer Road, East Falmouth to 321 Monomoscoy Road
- Page 3, under 3. Nuisance and Plumbing Code Violations, paragraph 4, line 3, change both BOH and Building Department to the word State
- Page 4, under OLD BUSINESS, Deer Crossing, paragraph 3, line 2, add the words of business after the word out.
- Page 4, under OLD BUSINESS, Mashpee School Cafeterias, paragraph 1, last line, add the words and the Board of Health after the word committee.
Glenn Santos made a motion to approve as corrected the minutes of the meeting of December 13, 2006. Lucy Burton seconded the motion. All approved.
The minutes of the BOH Executive Session of 11/22/06 were continued to a future BOH meeting.
3. Request for 2007 Food Establishment Permit – Ralph Binder - “The Mad Platter”
Glen Harrington stated that The Mad Platter is to be located between Blockbuster and the CapeWay Dry Cleaners on North Market Street. Ralph Binder, owner of The Mad Platter and the former chef at Café de la Terre, plans to have 32 seats in the establishment. Glen Harrington distributed copies of the menu to the Board. Ralph Binder is requesting a variance from the 310 CMR 15.230 requirements which require the installation of at least a 1,000 gallon external grease trap. For financial reasons, Mr. Binder instead would like to install an external Thermaco Big Dipper grease recovery device. The Big Dipper is a grease recovery device, not a grease trap.
Glen Harrington commented that because The Mad Platter is located on a waste water treatment plant, it is up to Mashpee Commons whether or not to approve the grease recovery device. Glen stated that it is the DEP that oversees their permit; it is not a Title V issue. Glen recommended that the Board get a written agreement from Mashpee Commons stating their approval of installation of the grease recovery device. Glen Harrington stated that Ralph Binder is not applying for a food catering permit at this time. Mr. Binder has signed up for next week’s Serv Safe course.
Glenn Santos asked the question as to whether the Big Dipper grease recovery device would be adequate to handle the high flow of grease that will be generated from all the cooking items included on the Mad Platter menu. Glen Harrington stated that the grease will be draining into a clear container so that the level of grease collected in the container will be visible at all times.
Glenn Santos made a motion to approve the food establishment permit application for The Mad Platter, to be located on North Market Street, submitted by Ralph Binder, with the following stipulations:
- Ralph Binder must have a Serv Safe Certificate
- There must be a letter from Mashpee Commons, approving the installation of a Thermaco Big Dipper grease recovery device
- Ralph Binder must be made aware that a catering permit will be required should he decide to expand his business to include a catering service
- BOH inspection is required before The Mad Platter opens for business
Lucy Burton seconded the motion. All approved.
4. Request for 2007 Food Establishment Permit – Gregory Benton – “Subway”
Glen Harrington stated that Gregory Benton is the new owner of the Subway food establishment located at 681 Falmouth Road in Deer Crossing. The food establishment permit for the Subway that was approved by the BOH at the 12/13/06 meeting must now be re-approved. A condition attached to the 12/13/06 BOH approval stated that any tenancy change in the Subway would have to be reviewed by the BOH for re-approval of the variance request to install a Big Dipper mechanical grease removal system. All other conditions attached to the 12/13/06 BOH approval must be re-approved, as well.
Steven Ball noted that the number of chairs requested in the application is 10, but Deer Crossing Association limited the number of chairs to 8. Glenn Santos felt that Gregory Benton should be required to come before the BOH as the new owner of The Subway, to pay the variance fee, and request in writing the approval of the variance for installation of the Big Dipper grease removal system.
Glenn Santos made a motion to deny the food establishment permit for The Subway submitted by Gregory Benton. Steven Ball seconded the motion. Lucy Burton opposed. The motion passed.
5. Request for 2007 Trash Hauler’s License – Cavossa Disposal Corporation
Lucy Burton noted that the Certificate of Insurance attached to the Cavossa Disposal Corp. Application for Permit was for Waste Management Holdings, Inc., not Cavossa. Glen Harrington stated that there had been no required $1000 bond received by the BOH. Steven Ball stated that if Cavossa does not offer recycling of trash, his hauler’s license should be denied. Glen Harrington felt that Mr. Cavossa should be asked to come before the BOH at the next meeting with a completed permit application.
Glenn Santos made a motion to continue consideration of the Cavossa Application for Trash Hauler’s License until the next BOH meeting. Steven Ball seconded the motion. All approved.
6. Stable Regulation Variance Request – Dorothy Stebbins - (Abutter Ken Quinn Letter)
Mr. & Mrs. Stebbins introduced themselves to the Board. At the 12/13/06 BOH meeting, Dorothea Stebbins requested 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 less than 50 feet away from the house. Dorothea Stebbins was asked to return to the BOH meeting tonight with a plan drawn to scale showing exact measurements of the distance between the house, the proposed barn, the pastureland, and property lines, in order for the BOH to more accurately assess whether or not to approve the stable regulation variance request.
Dorothea Stebbins presented plans with measurements of the area in question. Lucy Burton stated that a 25 ft. setback from the property line is required for any building on the property. Placing the barn that far back onto the property does not allow for adequate pastureland for the horse, and makes it difficult to meet all the other setback requirements that come into play.
Lucy Burton made a motion to deny the request by Dorothea Stebbins for a stable regulation variance at 3 Beechwood Drive. Glenn Santos seconded the motion. All approved.
Kenneth Quinn, abutter to the property at 3 Beechwood Drive, introduced himself to the Board and registered his strong objection to the request by Dorothea Stebbins to construct a barn for her horse on her property which abuts his back yard. Mr. Quinn submitted a letter to the BOH expressing these sentiments.
7. Horsley & Witten Landfill Quarterly Environmental Monitoring October Report
The first screening of landfill gas monitoring wells, landfill gas vents, and structures on site did not indicate the presence of landfill gases. Landfill gas monitoring well SGW-9 is currently damaged at the ground surface and groundwell monitoring well W-13 was destroyed during installation of a perimeter fence. Further evaluation is necessary to determine if a replacement well is necessary. The west, south, and east slopes of the landfill should be monitored for further erosion. Areas of poor vegetative cover and areas exhibiting erosion due to vehicular traffic should be seeded, mulched and maintained throughout the growing season. HW recommends that the north slope of the landfill be mowed on a semi-annual basis. The next round of environmental monitoring is scheduled for January, 2007, and
will consist of landfill gas screening.
8. Definitive Subdivision Plan Approval – “Flat Pond”
Glenn Santos made a motion to approve the Definitive Plan of Subdivision for the Preserve at Flat Pond located off Seanest Drive and Fairway Lane in New Seabury. Lucy Burton seconded the motion. All approved.
9. FYI – Final Flu Clinic (Cape & Islands) January 23, 2007 - 3 pm to 6 pm.
Glen Harrington stated that this clinic is open to the entire Upper Cape, 18 years or older. Bourne is contributing 200 vaccines, 250 will come from VNA, and the State will contribute 250 to 300.
OLD BUSINESS
Deer Crossing Update
Glen Harrington stated that he had received no new information regarding the situation with Michele’s Kitchen. On Counsel’s opinion, the BOH is extending the ‘06 permit and will not issue the ’07 permit until the court settles the issue.
Popponesset Marketplace Update
Glen Harrington stated that he had received a call from Attorney Gildea saying that he knew nothing about the Popponesset Marketplace Nuisance and Plumbing Code violations. The BOH sent out another letter to Mr. Gildea stating what had happened. The occupants have now vacated the premises. The BOH agreed to discuss at the next BOH meeting how to address the violation issues that occurred.
DISCUSSION
FYI – Recycling Regulation Public Meeting - January 24, 2007
A meeting recycling regulation public meeting is scheduled for 1/24/07.
FYI – Cape Waste Account Update
Glen Harrington reported that a call had been received from DPW saying that Cape Waste had been shut off from disposing at the Upper Cape Regional because their account was in the arrears. Veronica Warden requested that DPW write a memo stating the suspension status of Cape Waste. Glen Harrington stated that a memo was received from Catherine Laurent stating that she had suspended Cape Waste because their account was in the arrears. Veronica Warden then called Catherine Laurent to say that it is the responsibility of the BOH to take action to shut off any accounts in the arrears, not the DPW. The DPW is to notify the BOH of any accounts in the arrears, who will in turn take necessary action against accounts. The BOH holds the licensed bonds for the waste disposal companies. A letter will be sent to
Catherine Laurent confirming that it is the responsibility of the BOH to monitor and take action on suspension of waste company accounts.
Proposed Plans – 106 Falmouth Road (The old Augat Building)
Discussion of the proposed plans for the old Augat Building will be continued to the next Board of Health meeting.
Proposed Food Establishment Regulation Amendment
There were two schools of thought presented for consideration by the BOH regarding the wording of the second paragraph of the proposed regulation amendment:
1) “When food service inspections are conducted by an agent of the Board of Health at a Mashpee licensed food establishment, all food handlers observed preparing Ready-to–Eat food without the use of tongs, spatulas, single-use gloves, deli tissue or dispensing equipment shall be documented on the inspection form as a violation (per the Federal Food Code, Section 3-301.11).”
2) “If an Agent of the Board of Health at a Mashpee licensed food establishment observes any food handlers 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 3-301.11).” This wording was approved at a prior BOH meeting held on 12/13/06.
Discussion followed among the BOH members as to the most favorable approach by the BOH to regulate the minimum sanitation standards for Mashpee food establishments in the preparation of ready-to-eat foods.
Glenn Santos made a motion to use the wording as stated in #2 above, in the proposed Memo to All Food Establishment Owners/Managers. Steven Ball seconded the motion. All approved.
Glenn Santos made a motion to adjourn the regular session of the Board of Health and go into Executive Session and not return. Lucy Burton seconded the motion. All approved.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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