TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting on Wednesday, February 28, 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 7:04 PM.
APPOINTMENTS
7:15 PM. Dan Johnson, R.S. – 23 Wilson’s Grove.
Dan Johnson introduced himself to the Board. Mr. Johnson stated that he was hired by the homeowner at 23 Wilson’s Grove to design a septic system to replace the existing failed septic system. There are currently 3 cesspools there. Dan Johnson is requesting 7 variance requests, all of which are listed on his proposed plans. Mr. Johnson proposes to upgrade the system by replacing the failed cesspools with a 1500 gallon septic tank and a 57’ L x 7’ W leaching field. Glen Harrington commented that there is a 2-bedroom restriction on the deed which is noted on the plans.
Lucy Burton made a motion to approve the variance requests for 23 Wilson’s Grove. Steven Ball seconded the motion. All approved.
7:30 PM. William Zammer – 4 Squaw’s Lane - Variance Request
John Slavinsky of Cape & Islands Engineering, representing William Zammer, introduced himself to the Board. The plans as submitted do not have a cover letter requesting the variance. The requested variance either needs to be added to the plans, or spelled out in a cover letter together with the plans.
The variance being requested is for relief from Title V 310 CMR 15.211 – Setbacks. The variance was requested to install a bulkhead within 20 feet of the existing soil absorption system (16 feet requested).
Glenn Santos made a motion to approve the plan as submitted with a variance request for 4 Squaw’s Lane, with the stipulation that revised plans showing the variance request are submitted to the BOH office. Lucy Burton seconded the motion. All approved.
7:45 PM. Quashnet Valley East Condominiums, 149-174 Lowell Rd. – Variance Request.
Stephen Matson, P.E., representing Baxter Nye, introduced himself to the Board. Mr. Matson stated that on behalf of the Quashnet Valley East Condominiums, he was requesting a variance from the Mashpee On-Site Disposal Regulation, Section 17.00 Septic System Inspection Regulations Certified Septic Inspectors paragraph 4-A – Risers shall be brought to within 6’” of grade for access to septic tanks, distribution boxes and for chambered type soil absorption systems.
Mr. Matson stated that there are 22 leaching pits and leaching chamber septic systems on the property, all of which are approximately 25 years old and will undoubtedly need to be replaced in the near future. When new systems are installed, the new risers can be properly installed to within 6” of grade. Mr. Matson added that all the existing septic tanks and bull run valves currently have covers to grade to allow for proper inspection. Mr. Matson had received one cost estimate of $54,000 to raise all the risers to within 6” of grade.
Glen Harrington stated that John Graci had done the septic inspections, but that all needed further evaluation, as Mr. Graci did not dig up any leaching pits. Steven Ball asked Mr. Matson for a more specific estimate of his timeframe for “near future” replacement of the septic systems.
John Michaels, manager of the Quashnet Valley East Condominiums, introduced himself to the Board. He stated that it would be a financial hardship for the Condominium Association to pay $54,000 to install the covers to within 6” of grade. He stated that all the covers are under grass, not pavement. Glen Harrington stated that in his estimation, the $54,000 figure was high.
Lucy Burton made a motion to continue the variance discussion until May 1st after the ground has had a chance to thaw out, to allow time for the leaching pits to be examined to determine the condition of the pits. Any condominiums sold before May 1st would have to be inspected, as the Title V inspection report expires the month of March. Glenn Santos seconded the motion. All approved.
8:00 PM. Mark Marinaccio – 86 Pimlico Pond Road
Glen Harrington stated that Mark Marinaccio, the architect who designed the addition/alteration plans for the Garabedian residence at 86 Piimlico Pond Road, could not attend the meeting tonight.
Glen provided background information regarding the variance request for 86 Pimlico Pond. He stated that Mr. Marinaccio’s plans include adding a family room above the garage, with a bathroom for convenience, not for purposes of a fourth bedroom. The room could conceivably be used as a bedroom, however, because it is entirely closed in and would meet the BOH privacy conditions that define a bedroom. 86 Pimlico Pond Road presently has a 3-bedrooom septic system. Therefore, the added room above the garage would require an upgrade to a 4-bedroom septic system. Because the Garabedians do not intend to use it as a bedroom, Mr. Marinaccio is requesting that the BOH consider a variance from the requirement to upgrade to a 4-bedroom septic system.
The Board agreed to invite Mr. Marinaccio to the next BOH meeting so that he could discuss in person his proposed plans for the addition of a family room above the garage at 86 PimlicoPond Road.
8:15 PM. Ayoub Eng./ExxonMobil – 548 Falmouth Road
Stephanie Turchi, representing ExxonMobil, introduced herself to the Board. Stephanie stated that ExxonMobil is planning to install a new breakfast/sandwich area and will be closing the store a week from today, March 7, 2007, for two months. Plans include pushing the wall back to enlarge the room, installation of a huge walk-in cooler, brand new equipment, and a new floor. There will be additional training of the employees for the Breakfast/Sandwich program at ExxonMobil in Centerville during the period when ExxonMobil in Mashpee is closed.
Glen Harrington reported that during the most recent BOH inspection at ExxonMobil, Veronica Warden spoke to two of the employees, and held up two containers, one a sanitizer and the other a detergent. The employees were unable to distinguish the difference between the two containers. This is a critical violation.
Glenn Santos made a motion to approve the addition of the Breakfast/Sandwich program at ExxonMobil in Mashpee with the following stipulations: that Stephanie Turchi obtain a ServSafe certification, and that any critical violation that occurs within one year of approval of the new Breakfast/Sandwich program will result in closing down the serving of any potentially hazardous prepared food in the store. Lucy seconded the motion. All approved.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Approve Public BOH Minutes of 1/10/07 and 1/24/07.
The 1/10/07 minutes were amended as follows:
Page 1, under 7:30 PM BSC Group, paragraph 1, line 3, change Group Owner to Home owner.
Page 2, under 3. Request for 2007 Food Establishment Permit, line 2, change the word Cape to Capeway
The Board unanimously approved as corrected the 1/10/07 minutes.
The 1/24/07 minutes were amended as follows:
Page 1, under 8:00 PM Stuart Bornstein, paragraph 1, line 1, delete the words “with Holly Management & Supply Inc.”
Page 1, under 8:00 PM Stuart Bornstein, paragraph 1, line l, change the word with Stuart to for Stuart.
Page 1, under 8:00 PM Stuart Bornstein, paragraph 1, line 2, after the name Bornstein, add the words Holly Management & Supply Inc.
Page 2, paragraph 1, line 4, change the word trash to recyclables
Page 2, paragraph 3, change the spelling of the name Bednark to Benmark throughout the paragraph.
The Board unanimously approved as corrected the 1/24/07 minutes.
3. Request for Letter of Support: Shields Road/Santuit Bogs Project
Glen Harrington reported that the initial request for support came from Lindsey Counsell of the Barnstable Redevelopment Authority, asking for a letter of support to help reduce the nitrogen in the area. A letter was received from Gabrielle Sakolsky, Assistant Suprintendent, Cape Cod Mosquito Control Project located in Yarmouthport, stating that the standing water caused by the lack of drainage at the bogs on Shield’s Road, Mashpee has produced a mosquito problem in that area. Ms. Sakolsky’s letter states further that restoring the original drainage system which has been closed off by development of the area would resolve some of the mosquito problem. Ms. Sakolsky is requesting assistance from the Mashpee BOH to relieve the problem.
The Board members agreed that the Mashpee Board of Health should support the project to relieve the mosquito problem in the Shields Road/Santuit Bogs area. Glen Harrington will send a letter to that effect to Ms. Sakolsky.
4. Review of Kennel Regulation.
Glen Harrington explained that the Board of Health had taken an Article from the 2004 Town Meeting and put it into a Board of Health regulation format. There have been no changes made in the proposed BOH Kennel Regulation from the Article as it was presented at the 2004 Town Meeting. The following questions and comments on the proposed regulation were made by the BOH:
· Page 1, under the definition of Kennel, Lucy Burton suggested that there be further clarification and a definition of the terms ‘grooming, training and boarding’.
· Page 1, under the definition of Kennel, Glen Harrington questioned whether cats should be included with dogs in the Kennel definition.
· Page 1, under Kennel License, Glen Harrington questioned whether the BOH should include a fee for inspecting the properties when issuing a Kennel license.
· Page 2, under Kennel Inspector, the question was asked as to who was acting as the current Kennel Inspector. Glen Harrington stated that Veronica Warden and June Daley are the current Animal Inspectors. June Daley retired as the Animal Control Officer, but remains as Animal Inspector through March of 2007.
· Page 3, Section V, 1. Lucy Burton felt that a requirement of grievance petitions from 10 residents was too high a threshold, and should be reduced to a lower number. Glen Harrington stated that this ruling was taken from the MA. General Law, and was written for the City of Boston. The Board agreed that a lower grievance number warranted further consideration.
· Page 3, Section IV, 2 – Inspection. Glen Harrington felt that this section should be moved and incorporated into Section VII, Penalties, becoming Section VII - Penalties, 1. e.
· Lucy Burton observed that the Regulation did not address the issue of outside shelter for animals, and the requirement for animals to be kept “wholly indoors”. Glen Harrington and the Board members agreed that the subject of outside shelter must be addressed in the regulation.
· Page 2, Section II under Kennel License Requirements, Glen Harrington stated that there needs to be a special permit from the Zoning Board of Appeals for residential kennel zoning. Currently there is only a requirement for commercial kennel zoning.
· Page 4, d. Glenn Santos recommended that the second sentence of the paragraph be dropped down and made into a separate second paragraph.
Steven Ball opened the meeting to the public for comments on the proposed Kennel Regulation.
· Mr. Pena, 269 Main Street, Mashpee, introduced himself to the Board. Mr. Pena stated that he is on a list dating back to 2004 for having four dogs. He stated that he now has only one dog.
· Margaret Harsch from New Seabury introduced herself to the Board. She stated that she owns property on Sunset Strip that has a kennel, operated by her son David Harsch. Ms. Harsch stated that she has visited all 15 residential kennel sites on a list provided by the BOH. She stated that there are no residential kennels in Mashpee. Ms. Harsch further stated that the “wholly indoors” law for dogs is a deplorable ruling and should not even be considered. Ms. Harsch gave a revised list of the existing Mashpee residential kennels to Glen Harrington.
· Valerie Robinson of 911 Main Street, Mashpee, introduced herself to the Board. Ms. Robinson stated that she is a show exhibitor of dogs. She currently has 7 dogs, all crate-trained. Ms. Robinson stated that she is totally against the “wholly indoors” law.
· Charlene Maxim, 186 Timberlane Drive, introduced herself to the Board. She made the following points regarding the proposed Kennel Regulation.
- On page 1, Section 1 – Definitions, the Kennel definition lists the activities that pertain to maintaining a kennel. However, on page 2, Section II, Kennel License Requirements, it states that any owner of more than three dogs shall be required to obtain a kennel license. Ms. Maxim’s question was, if an individual owns three or more dogs but does not engage in the activities pertaining to maintenance of a kennel, should he/she be required to apply for a kennel license?
- If an individual has three dogs and wants to own a fourth dog, does that person automatically have to apply for a kennel license, even though he/she is not participating in the activities that define maintaining a kennel?
- On page 2, Section II under 2 a. Proof of Vaccination. Ms. Maxim stated that she is in accord with the necessity of rabies vaccinations for dogs. However, the other vaccinations mentioned are optional, and with the exception of rabies, Ms. Maxim vaccinates her own dogs. She asked how it was possible to provide proof of vaccinations for an individual doing the vaccinating themselves. Also, she questioned the 3 year requirement for vaccinations.
- If an individual owns only three dogs and is breeding, under this Regulation, that individual is not required to obtain a kennel license. Glen Harrington stated that the Board is aware of this problem and will be addressing it.
- Under Section III – Record Keeping Requirements, Ms. Maxim asked whether it is feasible to require maintenance of the overly extensive information on each and every dog that comes through the doors of a kennel or business establishment.
Glen Harrington stated that the Board members would be considering all of the above comments as they fine-tune the BOH Kennel Regulation document. Steven Ball thanked the participants for their input into the discussion.
5. Title V Variances – 48 Fells Pond Road
Mark Dibb, P.E., introduced himself to the Board as representing Michael Corwin, property owner at 48 Fells Pond Road. Mr. Dibb stated that Mr. Corwin is requesting the following variance requests for plans for a proposed renovated 4 bedroom dwelling at 48 Fells Pond Road:
Town of Mashpee Leaching distance requirements:
1. Leaching system to property line 10’ required, 5’ proposed
2. Leaching system to dwelling 20’ required, 15.8 proposed
3. Leaching system to water/wetland 100’ required, 66.5’ proposed to top of coastal bank, 71.7 provided to water/wetland
4. Depth of naturally occurring pervious material between system and groundwater, 4’ required, 3.5’ existing to adjusted groundwater (6.3’ existing to observed groundwater).
Title V: Minimum setback distances under local upgrade approval Section 15.405.
1. Leaching system to property line 10’ required, 5’ proposed
2. Leaching system to crawl space 20’ required, 15.8’ proposed
Mr. Dibb stated that abutters have been notified.
Lucy Burton made a motion to approve the variances as requested at 48 Fells Pond Road with the stipulation that the blower be moved to the garage side, and that the standard O & M requirements apply, for quarterly inspection of the septic system for two years. Glenn Santos seconded the motion. All approved.
6. Café Trevi – 25 Market Street Inc. – Food Establishment Permit
Glenn Santos made a motion to put the application for a Food Establishment Permit for Café Trevi on the agenda. Steven Ball seconded the motion. All approved.
John F. Reid Jr., President of Café Trevi, 25 Market Street Inc., introduced himself to the Board. Glen Harrington stated that the Board would need a floor plan layout for the second floor prep kitchen. John Reid stated that screens would be installed for the doors to the outside seating area.
Lucy made a motion to approve the 2007 Food Establishment Permit application for Café Trevi at 25 Market Street Inc., with the stipulations that the second floor plan be provided to the BOH prior to opening, and that BOH inspection will take place prior to opening. Glenn Santos seconded the motion. All approved.
7. Request for 2007 Food Establishment Permit: Honey Dew Donuts, Route 151
Honey Dew Donuts, located at 401 Nathan Ellis Highway, Mashpee, has requested that their food permit license fee for 2007 be prorated, as they are closing the store on February 28, 2007 and will be open for just 2 months of the year 2007.
Glen Harrington stated that the food establishment license fees were due in December, 2006. Any requests for prorate should have been made in Dec. No less than five phone calls were made to Honey Dew in December pertaining to their outstanding 2007 fee, with no response from them.
Lucy Burton made a motion to deny the request by Honey Dew Donuts to prorate their food establishment permit fee for the months of January and February, 2007 because the fee was due in December, and the BOH is not authorized to give rebates on overdue fee payments. Glenn Santos seconded the motion. All approved.
8. Title V Variance Requests – 77 Shore Drive, Leonore Anderson.
The requests will be continued to the next BOH meeting.
9. Preliminary Subdivision Plan Approval: Mark Lopez, 103 Meetinghouse Road
Lucy Burton made a motion to approve the preliminary subdivision plan for 103 Meetinghouse Road, on condition that the house on the lot is a four-bedroom, not a five-bedroom. Steven Ball seconded the motion. All approved.
10. Review and Approval: 2007 Town Report
The Board members reviewed the report prepared by Glen Harrington, and were unanimous in their approval and in their appreciation for his time and effort involved in preparation of the report.
11. Request for 2007 Solid Waste Haulers Permit: Cavossa Disposal, Inc.
Lucy Burton made a motion to approve the request for a 2007 Solid Waste Haulers Permit for Cavossa Disposal, Inc. Glenn Santos seconded the motion. All approved.
OLD BUSINESS
Request for Mobile Food Permit – Frank’s Franks
Lucy Burton stepped down from the following discussion regarding Mr. Ahern’s request for a mobile food permit. Francis X. Ahern introduced himself to the Board. Mr. Ahern stated that he had applied for a Mobile Food Establishment Permit Application for the sale of hot dogs at special events at Mashpee Commons, and eventually at South Cape Beach. Mr. Ahern has signed up for the ServSafe Certification program. Mr. Ahern stated that he will not be cooking potentially hazardous food on the grill but will be using his grill for reheating already prepared food. His equipment includes a 10 gallon hot and cold water capacity and a 10 gallon waste container for trash. Prepackaged condiments will be used. Mr. Ahern provided a menu to the Board for their review.
Glenn Santos made a motion to approve Mr. Ahern’s mobile food establishment permit application with the stipulation that he obtain his ServSafe Certification, that there will be no preparation of potentially hazardous foods on the grill, and that the BOH will conduct inspection of the equipment prior to the opening of business. Steven Ball seconded the motion. Lucy Burton abstained from the vote on the motion. The motion passed.
Approve 2007 Fee Schedule.
Steven Ball made a motion not to approve prorating of permit fees for the last 2 months of the year. There was no second to the motion. The motion was withdrawn.
Lucy Burton made a motion that after Dec. 1st, a new permit application fee for the month of December should be incorporated into the following year’s permit fee, to cover 13 months. Glenn Santos seconded the motion. All approved.
Summerwood Condominiums – Draft Administrative Consent Order
Glen Harrington gave the Board a synopsis of the DEP Administrative Consent Order report. In essence, the Consent Order says that all of the Summerwood Condo septics must be inspected by May 31, 2007, and that there have to be plans submitted to DEP for the repairs to the failed septics immediately as a temporary measure. Within 30 days of any DEP approval, such temporary upgrades shall be completed and installed. Mass. DEP will be responsible for issuing any Certificates of Compliance required. The entire condominium complex is required to be connected to Town sewage system, if available, by 2010. If not available, the condominium complex must commence construction of an onsite wastewater treatment facility by October 1, 2011. Construction is to be completed by October
1, 2012. If the town has a designed and permitted sewage collection system by October 1, 2011, the DEP may amend this order to allow an extension beyond October 1, 2012.
$15,000 must be deposited each year by the Summerwood Condominium Association for the next five years, starting with July 1, 2007, into an escrow account established by the Town, and maintained by the Town Finance Director. Glen Harrington will confirm that the funding of the escrow account will be over a period of five years, and will total $75,000 as of July 1, 2011.
Glen Harrington reported that in The Acts of 1996 it is stated that any individual condominium septic system shall be considered an individual facility and may be upgraded as such. Section 148 of The Acts of 1996 reads: “For a condominium in existence prior to 12/31/95, for purposes of calculating design flows, each septic system which has been installed shall be considered a separate and distinct facility. “ This would appear to make the DEP requirement of 10,000 gal. per day for the entire Summerwood Condominiums facility null and void.
DISCUSSION
FYI- BOH Trainings: MA Dept. of Fire Services, DEP & MHOA 12th Annual Seminar, DPH Seminar-Recovery Phase of Disasters, DEP & MHOA 1st Annual Seminar
Glen Harrington reported on availability of the above-listed seminars and distributed information about them to BOH members.
DEP Approved Beneficial Use Determination, Landfill
Glen Harrington reported that the DEP has completed its review of the Beneficial Use Determination permit application for the beneficial reuse of the Town of Mashpee’s street sweepings and has approved the application. The Town is proposing to reuse approximately 3,000 cubic yards of street sweepings blended with compost to repair and revegetate the support layer of the Mashpee Sanitary Landfill cap.
Glenn Santos commented that this is a good use of the sweepings, and also it will save the Town a significant amount of money. If they take the screened compost, mix it with sweepings, get a good loam and organic mix, and spread it on the cap, it will grow. Glenn noted that the sweepings have a small amount of contaminants.
Newspaper Article – Flu Pandemic Preparedness - FYI
Glen Harrington commented on a newspaper article re: Flu Pandemic Preparedness, stating that it was an excellent article. The article gave a good description of the flu clinic responsiveness, rather than the overall flu pandemic preparedness.
Lakeside Trailer Park – DEP Administrative Consent Order re: Drinking Water Source
Glen Harrington reported that the trailer park had been served with a unilateral order from the DEP to address their failing and noncompliant drinking water source. The order documents multiple problems including reductions in pressure, and basically a nuisance to the occupants of the trailer park. The DEP included orders to respond to them but so far just one phone call has been made to the Water District to connect up to Town water. Glen Harrington stated that he had let the Selectmen know that the trailer park was under orders from DEP to take care of their water. It will not be an easy fix to take care of their water distribution system and would require a significant sum of money, but also, it is in the general interest of the protection of the Town.
Recycling Regulation
Glen Harrington asked that the Board be thinking about setting a date for a second Recycling Regulation meeting. The Board agreed to set a date for the next Recycling Regulation meeting at the BOH meeting on Wednesday, March 14, 2007.
HPV Vaccine Plan
Lucy Burton stated that she and Glen Harrington met with Brian Kehrl at the Enterprise this morning to discuss an article on the vaccine for the newspaper. Governor Deval Patrick is proposing to provide all Massachusetts girls between the ages of 9 and 18 with a vaccine against the virus that causes cervical cancer. The vaccine will not be mandatory, but will be free of charge. Critics have complained about the cost of Governor Patrick’s proposal, which is part of a $72 million public health program. Glen Harrington stated that the vaccine may save as much as $6 billion in cervical cancer treatment each year, and he is all for the vaccine. Glen stated that the vaccine is a real breakthrough, and that any time you can get a leg up on cancer, why wouldn’t you?
The next meeting of the Board of Health was set for Wednesday, March 14, 2007, at 7:00 PM, in the Board of Health office at Town Hall.
As there was no further business, the meeting was adjourned at 10:20 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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