TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Wednesday, June 13, 2007
Board Members Present: Also Present:
Lucy Burton Glen Harrington, Health Agent
Glenn Santos
Dr. Lewis Mantel
Chairlady Lucy Burton called the meeting to order at 7:00 PM.
BOARD REORGANIZATION
Glenn Santos made a motion to appoint Lucy Burton as Chairman of the Board of Health. Lewis Mantel seconded the motion. All approved.
Lucy Burton made a motion to appoint Glenn Santos as Vice Chairman of the Board of Health. Lewis Mantel seconded the motion. All approved.
Glenn Santos made a motion to appoint Lewis Mantel as Clerk of the Board of Health. Lucy Burton seconded the motion. All approved.
APPOINTMENTS
1. Outback Engineering – 20 East Road
Tony Esposito introduced himself to the Board as a Civil Engineer with Outback Engineering, and the designer of the septic repair plan under discussion for 20 East Road. The owner of 20 East Road is preparing to sell the property. There are four variances being requested as a result of the very small size of the lot at 20 East Road. The variance requests are as follows:
1. Reduction of the setback of the septic tank from the slab foundation from 10’ to 7’
2. Reduction of the setback of the leach field from the slab foundation from 10’ to 5’
3. Reduction of the setback of the leach field from a private well from 100’ to 89’
4. Reduction of the setback of the leach field from a private well from 100’ to 82’
Mr. Esposito stated that the Abutter on lot 13 is now hooked up to Town water. There is nothing in writing from the Abutter on lot 12 as to whether he is now hooked up to Town water.
Mr. Esposito stated that Mr. Carl Tucci, Trustee of South Realty Trust, is the buyer of the property. Ocwen Loan Servicing, LLC, the sellers of the property, were unable to obtain a passed septic system report because the property is served by a cesspool and therefore does not comply with the Town regulation requiring upgrading cesspool systems. Mr. Tucci has agreed to accept the condition of the premises with the septic system in its “as-is” condition with the understanding that Mr. Tucci will assume responsibility for upgrade of the septic system and come into compliance with the Title V requirements. Mr. Tucci has signed an enforceable agreement to bring the septic system up to Title V within 3 months after he buys the property.
Mr. Esposito stated that his purpose in coming before the Board is merely to ask for approval of the variance requests stated above, and to make any requested changes by the BOH to the septic plan as presented.
Lewis Mantel made a motion to approve the four variance requests as outlined above with the exception of #3 and #4, if it is ascertained by the Water Dept. that lots 12 and 13 are now both hooked up to Town water; that a two bedroom deed restriction is required; and that the Septic Agreement wording between Carl Tucci and the Town of Mashpee is changed under Section 2, Compliance with Rules and Regulations, to state that Buyer agrees to insure the completion of said sub-surface sanitary septic system in compliance with the rules and regulations of the State sanitary code Title V and the Town of Mashpee Board of Health Rules and Regulations, as may be varianced. Lucy Burton seconded the motion. Glenn Santos opposed. The motion was carried.
2. Tom Smith – 266 Monomoscoy Road.
Tom Smith, owner of the property at 266 Monomoscoy Road, introduced himself to the Board. Mr. Smith stated that he was here to make a request to change to an alternative septic technology system. Currently he has a Clivis Multrim septic system, and wants to make a change for safety reasons. Mr. Smith explained that his neighbor recently had a fire resulting from problems with the mechanical system in his Clivis septic system, and has since switched to the Sludge Hammer septic system. Mr. Smith would like to do the same thing. Mr. Smith and his wife are quite nervous about the possibility of a fire occurring from failure of their Clivis system.
Glen Harrington stated that he spoke today to Bill Wall at Clivis, who told him that the company has thousands of Clivis systems installed across the country and has no record of any other problems with fire as a result of a failed mechanical system. Mr. Wall stated that it is still undetermined whether the Clivis system was the cause of the fire. Glen Harrington further stated that the Clivis company’s reputation for reliability and quality of its products was very good.
Glenn Santos stated that Mr. Smith is asking for approval to make a change in his septic system which has not failed, and noted that the Sludge Hammer system is approved for remedial use only.
The Board’s recommendation to Mr. Smith was to talk to an engineer about considering alternative septic systems other than the Sludge Hammer, of which there are many.
3. Michael Procek – 12 Great River Road
Michael Procek, owner of the property at 12 Great River Road, introduced himself to the Board. Mr. Procek stated that he was requesting a change in the approval for the sewage disposal system at his property from “Remedial” to “General”. He stated that the installed system consists of a Micro-Fast Denitrification System. At the time the system was installed, it was totally reconstructed to meet or exceed minimum leaching requirements. The system should have been classified/approved as “General” use at that time.
The system was placed under a maintenance/service contract in August 2004, and quarterly monitoring was conducted for the next two years followed by an additional one year of semi-annual monitoring and testing. Mr. Procek is now requesting that the system approval be formally changed to “General” from “Remedial” as befits the actual construction/installation of the system, and that the monitoring and inspection requirement be reduced to once per year.
Glen Harrington inquired about whether the ultraviolet light problem has been repaired and/or sampled. The BOH is missing reports of samplings from coloform for the UV light.
Glenn Santos made a motion that the BOH approve the request for re-classification of the septic system at 12 Great River Road from “Remedial” to “General”, with new testing to occur once per year, pending receipt of reports of prior samplings from Mr. Procek, together with a new sampling to indicate that the UV light is now functioning properly. Lucy Burton seconded the motion. All approved.
Glenn Santos made a motion to add 24 Spoondrift Way to the agenda. Lucy Burton seconded the motion. All approved.
4. 24 Spoondrift Way – Variance Requests
Mr. Bouse, Abutter living at 30 Spoondrift Way adjacent to 24 Spoondrift Way, introduced himself to the Board. Mr. Bouse stated that the cesspool for 24 Spoondrift Way, which is in failure, is located on his property. The following two variances are requested for the purpose of a Title V septic upgrade at 24 Spoondrift Way:
1) an 8’ variance, septic tank to top of coastal bank, for a 17’ setback
2) a 4’ variance, septic tank to property line (side), for a 6’ setback
Glenn Santos made a motion to approve the above two variances as outlined in the May 24, 2007 letter from Engineering Works, with the condition of a two-bedroom home deed restriction. Lewis Mantel seconded the motion. All approved.
5. 116 Main Street – Review of Housing Violations
Glen Harrington stated that in 2002 the cesspool on this property was deemed a failure. Nothing was done for two years. In 2004 the property owner came before the BOH and was given additional time, and nothing was done. The well had been tested and was found to be contaminated with gasoline constituents from Dimagio’s gas station. The BOH ordered the property to be tied in. The owners used the Community Septic Loan funds to get the property tied in, and then defaulted on that loan. The septic is still not repaired. Glen Harrington stated that he had been to the property to try to get the exterior of the property cleaned up. Last September ’06 and in January of ’07 Glen stated that he actually got into the house. The BOH inspection report showed that the septic had
not been repaired, and there was no cover to the electric panel. There were four men living there. David Carlson was one of the occupants with whom Glen was working, to try to get the property cleaned up. There has now been a foreclosure notice from the bank. The owner is living in Las Vegas and has no interest in doing anything about the property. Glen Harrington is asking the Board to issue a finding of unfit for human habitation and to condemn the property. The property has been abandoned by the owner.
Glenn Santos made a motion to issue a finding of the property at 116 Main Street as unfit for human habitation, and to condemn the property with an order to secure the property. Lewis Mantel seconded the motion. All approved.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Approve Minutes.
Minutes from the Public Meeting of May 9, 2007 were corrected as follows:
- Page 2, under Title V Variance Hearing – 20 East Road, first paragraph, second sentence, change 5500 gallon to 500 gallon.
- Page 2, under Title V Variance Hearing – 20 East Road, first paragraph, last sentence, change Great Neck Road to Old Great Neck Road.
- Page 2, under Title V Variance Hearing - 20 East Road, second paragraph, line 2, change the word forceful to enforceable
- Page 4, third paragraph, delete the entire last sentence.
- Page 4, fourth paragraph, (2), second sentence, change porches to basements.
The Board unanimously approved the May 9, 2007 minutes as corrected.
3. Temporary Food Permits – Mashpee Family Picnic
Glen Harrington stated that the Annual Mashpee Family Picnic will be held on July 5, 2007 at the Mashpee High School. Four vendors have submitted Temporary Food Permit applications: The Children’s Museum, Kiwanis Club, Polar Cave, and Vito Marotta. Kiwanis, Vito Marotta and Polar Cave all are Serv Safe certified. Kiwanis and Children’s Museum are requesting waiver of the food permit fee because they are non-profit organizations.
Glenn Santos made a motion that the Board approve the temporary food permits for The Children’s Museum, Kiwanis Club, Polar Cave and Vito Marotta for the Mashpee Family Picnic, and that the permit fees be waived for Kiwanis and The Children’s Museum. BOH inspection will take place on July 5, 2007, the day of the event. Lewis Mantel seconded the motion. All approved.
4. Greenwood Homeowners Association – Variance Request from Minimum Standards for Swimming Pools 105 CMR 435.000
Roxanne Iwaszko, Treasurer of the Greenwood Homeowners Association, introduced herself to the Board. Roxanne stated that the Association had gotten quotes for renovating the Association pool, as well as reconstruction to a brand new pool. The quote for a new pool was over $100,000 and the Association decided they could not afford this. Instead, they would like to rehab (reconstruct) the pool in the fall of 2007, and are asking for a variance relief from 105 CMR 435.08, subsection 3(b) of the Minimum Standards for Swimming Pools, State Sanitary Code, Chapter V. This variance has been granted in the past for the years 2003 through 2006.
In her letter to the BOH dated 05/01/07, Roxanne stated that last summer, the motor for the circulation pump was replaced. It improved the water turnover rate tremendously and there were no quality issues of the pool water. The Association plans to increase the size of the plumbing lines to 6 ½. Currently the plumbing lines are not big enough to get a 6-hour water turnover. They also need to replace their main drain.
Glen Harrington stated that the pool is run very well. There are no safety issues. The water quality remains good. However, the time factor of 6 years of extension of the variance request is a problem, and the pool is still not up to code.
Glenn Santos stated that the time frames given to the Homeowners Association to bring the pool up to code have not been met. Last May, the BOH stated that 2006 was the last year that a variance request from minimum standards for swimming pools would be granted.
Glenn Santos made a motion that the BOH deny the Greenwood Homeowners Association variance request from the minimum standards for swimming pools. Lewis Mantel seconded the motion. All approved.
Glen Harrington will write a letter to the Greenwood Homeowners Association stating that the pool will not be reopened until the pool rehabilitation work is completed.
5. Temporary Food Public Hearing: Pepperidge Farms Promotion
Glen Harrington stated that Pepperidge Farms is requesting approval to distribute pre-packaged snack samples at South Cape Beach, John’s Pond, Mashpee Commons and South Cape Village.
Glen is not in favor of handing out food along the roads. Glen’s recommendation to the Board was to obtain a list of the snacks being handed out, go through a site plan review, or at the very least, get police permission.
The Board denied the request to allow Pepperidge Farms to distribute pre-packaged snack samples at the locations noted above, because of lack of control over what is actually being handed out to the public.
6. New Food Establishment Permit: Dunkin Donuts, 40 South Street
Glen Harrington reported that he has reviewed the new store, stating that they have a ServSafe certified Director of Operations located in Stoneham, and that the floor plan is okay.
Glenn Santos made a motion to approve the new Food Establishment permit for Dunkin Donuts on 40 South Street pending final inspection by a Health agent, with the restriction that there must be someone on the premises at all times who is ServSafe certified. Lewis Mantel seconded the motion. All approved.
7. Mashpee Pow-Wow, Nine Vendors
Glenn Santos made a motion that the Temporary Food Permits be approved for the following nine vendors for the Mashpee Pow-Wow to be held on July 6, 7, 8 from 9 AM to 9 PM:
Vanessa Mendes, Geraldine Hicks, Milton Frye, Sonya Sanders/Joan Auant, Cherilyn Peters, Glenn Marshall, Sherry Pocknett, Suzanne Perry/Sharon Hendricks, and Sarah Costa, with the condition that all cooked rice must be discarded at the end of the day. Lewis Mantel seconded the motion. All approved.
8. Temporary Food Permits: Popponesset Marketplace Chowder Festival
Glen Harrington stated that a site plan review had been conducted by Veronica Warden. All participating local vendors have ServSafe certificates. The participating vendors are Bobby Byrne’s Pub, The Ninety Nine, Café Trevi, Bleu, Raw Bar, and Carbo’s.
Glenn Santos made a motion to approve the temporary food permits for the above-stated vendors for the Popponesset Marketplace Chowder Festival to be held on Saturday, June 16, 2007 from 1 to 4 PM, pending Health Agent inspection prior to the event. Lewis Mantel seconded the motion. All approved
9. Mashpee Boosters Club – Request for Waiver of Permit Fee
Lucy Burton made a motion to approve the request by the Mashpee Boosters Club to waive their permit fee for 2007 for mobile food establishment service. Lewis Mantel seconded the motion. All approved.
10. Resignation of Animal Inspector: June Daly
Glenn Santos made a motion to accept the resignation of Animal Inspector June Daly. Lewis Mantel seconded the motion. All approved.
A letter of appreciation to June Daly will be sent from the Board of Health for Ms. Daly’s efforts over the past years for her service.
Lewis Mantel made a motion to approve the application from Ben Perry for appointment to the post as Animal Inspector. Glenn Santos seconded the motion. All approved.
11. New Food Establishment Permit: Paper Moon (formerly Jade Establishment)
Lucy Burton stated that Michael Dubin is the general manager. The owner of the restaurant, Masa Oyamada, is not ServSafe certified, and has no real knowledge or understanding of the BOH requirements to handle potentially hazardous food. The Board strongly recommended that the BOH conduct an inspection of the restaurant as soon as possible.
Lewis Mantel made a motion to approve the 2007 Food Establishment Permit for Paper Moon Restaurant. Glenn Santos seconded the motion. All approved.
OLD BUSINESS
1. Kennel Regulation.
Glen Harrington stated that he has met with David Harsch and the Zoning Board and will meet with them again. July 8th is the deadline for the October Town Meeting so that all of our zoning and any other changes to the BOH kennel regulation need to be made before that date.
DISCUSSION
1. Allied Waste and Use of Upper Cape Cod Regional Transfer Station
Glen Harrington reported that Allied Waste was found to be taking their waste to a facility other than the Upper Cape Cod Regional Transfer Station, which is a requirement of our regulation. There has been a change within the Supreme Court ruling stating that if a municipality requires delivery of waste to one specific approved site, it is not considered a violation of the Interstate Commerce laws. Glen recommended that the BOH issue a violation notice to Allied Waste.
Glenn Santos stated that it is still undetermined as to how the Supreme Court ruling is being interpreted, and stated that Catherine Laurent has recommended that the BOH consult with Town Counsel as to how to handle the situation with Allied Waste. Glen Harrington stated that he has already contacted Town Counsel with all the information regarding Allied Waste, and will follow up with him on the issue.
2. BOH Hurricane Operations Plan
Lewis Mantel stated that he had put together the plan in 2006 and suggested that we have Glen Harrington review it and then submit it to Town Management for the required yearly review and update.
3. DPH Commissioner Comments on Regionalization
Lewis Mantel stated that the Massachusetts Dept. of Public Health passed out a Regional Health Dialogue document several weeks ago at a Public Health regional meeting. The document gives a “state of the union” state of the health of Cape Cod. Lewis Mantel stated that there is discussion afoot to regionalize the public health departments in the State of Massachusetts.
The schedule of the next meetings for the BOH is as follows: July 11th, July 25th, August 8th, and August 22nd.
Glenn Santos made a motion to adjourn the Public Meeting and move into Executive Session, not to return. Lewis Mantel seconded the motion. All approved.
As there was no further business, the meeting was adjourned at 9:50 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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