TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting on Wednesday, July 11, 2007
Board Members Present: Also Present:
Lucy Burton, Chairman Glen Harrington, Health Agent
Glenn Santos, Vice Chairman
Lewis Mantel, MD, Clerk
Chairman Lucy Burton called the meeting to order at 7:00 PM.
APPOINTMENTS
7:15 PM. Peter Hopple – 6 Balfour Lane
Peter Hopple, owner of the property at 6 Balfour Lane, introduced himself to the Board. Mr. Hopple stated that the property is deed restricted for one bedroom. Mr. Hopple is planning to add two more bedrooms, and is requesting acceptance of nitrogen loading aggregation plan for 6 Balfour Lane, with credit land to come from 126 South Sandwich Road.
Glen Harrington stated that the plans should subtract the credit land from the total area: 81347 of Parcel 80 should have the credit land subtracted, with the area remaining what can be used as a base for the allowed number of bedrooms.
Lewis Mantel made a motion that the BOH approve the Nitrogen Aggregation Plan for 6 Balfour Lane, with the stipulation that revised plans be submitted to show the removal of the total number of 9 bedrooms. Glenn Santos seconded the motion. All approved.
Mr. Hopple asked about whether a temporary occupancy permit could be approved by the BOH to allow the new owner to move in as soon as possible, prior to DEP approval for the 3 bedrooms. The Board felt that this would not be possible, as it would go against state regulations. Glen Harrington stated that he would ask the DEP to expedite approval of the 3-bedroom plans ASAP.
NEW BUSINESS
1. Sign Warrant. The Board members signed the warrant.
2. Approve Minutes of June 13, 2007 Public Meeting.
The minutes were amended as follows:
- Page 3, under New Business, 1. Board Reorganization: move the entire Board Reorganization section from Page 3 to Page 1, above APPOINTMENTS.
The Board unanimously approved as amended the minutes from the 6/13/07 BOH Public Meeting.
3. Request for Title V Review & Approval: 74 Ninigret Avenue, RSF Piloting Approval
Glen Harrington commented that the Omni Recirculating Sand Filter system (RSF) and ultra violet lights have already been installed for a previously approved one-bedroom design for this property. The proposed use is for a loading rate of 660 gallons per day, per acre, as per the DEP Piloting use. This request is for administrative approval from the BOH and DEP, and for further monitoring, so that they can get a second bedroom. The 660 gallons per day per acre gives them the second bedroom credit.
Lewis Mantel moved that the BOH approve the RSF Piloting Approval for 74 Ninigret Avenue. Glenn Santos seconded the motion. All approved.
4. Septic Inspector Enforcement: Michael Kellett, 12 Swain Circle
Glen Harrington stated that Michael Kellett is a former septic inspector who inspected 12 Swain Circle on March 6, 2006. Glen Harrington had some problems with the inspection report at that time, and sent his comments to Mr. Kellett, who never responded for over a year. A realtor who was handling the sale of the property came in to the BOH, and the deficiencies were noted in the March 6, 2006 septic inspection report. Mr. Kellett has let his inspection license lapse, so that another inspection had to be done. The property owners live in Denver. Mr. Kellett charged them $500 for the 3/06/06 inspection report, in which he stated that he had put risers on. When another inspector went out, he reported that there were no risers on the D Box or the leaching pit or the outlet of the septic tank. The
property owners are in the process of taking Mr. Kellett to Small Claims Court. Because Mr. Kellett’s septic inspection license has lapsed, the BOH cannot take away his license to inspect. Glen Harrington added that John Viveiros from the State DEP had called to tell him that the complainants had been in touch with the State DEP regarding Mr. Kellett’s faulty inspection report and their contact with Small Claims Court.
Lewis Mantel made a motion to send Mr. Kellett a Show Cause letter requesting him to appear before the next BOH meeting on 7/25/07 to explain his 3/06/06 septic inspection report for 12 Swain Circle. Glenn Santos seconded the motion. All approved.
5. Request for 2007 Food Establishment Permit: Heather Restaurant
Glen Harrington commented that the BOH has received the menu and the floor plan has been reviewed, the 2500 gallon grease trap has been installed. There will be outdoor dining of 28 seats, indoor dining of 120 seats. They have not yet submitted Serv Safe Certificates but both head chef and the manager have taken the Serv Safe courses and are waiting to receive their certificates. There are two other chefs who do have ServSafe certificates, and they will be submitting them to the BOH. They are hoping for an August 1, 2007 opening.
Lewis Mantel made a motion to approve the 2007 Food Establishment Permit for Heather Restaurant, pending receipt of Serv Safe certificates for the chefs and the manager, and BOH inspection prior to opening. Glenn Santos seconded the motion. All approved.
6. Swimming Pool Violation: Sea Mist Resort, 141 Great Neck Road South
John Livingston, General Manager of Sea Mist Resort, introduced himself to the Board. Glen Harrington stated that the semi-public outdoor swimming pool at Sea Mist is open, but was not inspected prior to the 2007 season, as per BOH regulation.
Mr. Livingston explained that in prior years his routine has been to send in his application with his check and water samples to the BOH, and Veronica Warden then automatically would come out to do the BOH inspection. He stated that in past years he never has had to make a phone call to request the inspection. Mr. Livingston stated that this year Ms. Warden did not show up, but he did receive his permit dated May 25, 2007. Mr. Livingston stated that he completely forgot the fact that Veronica Warden had not come by to do an inspection.
Glen Harrington stated that there had been some confusion at the BOH. The indoor pool inspection at Sea Mist had been done and Ms. Warden gave that inspection report to Marita Scott. The outdoor pool permit was then mailed out to Sea Mist, in error.
The BOH inspection of the outdoor swimming pool was conducted on June 27, 2007.
John Livingston and the BOH members agreed that the incident was a result of an oversight on both sides. Mr. Livingston stated that in the future, he will always call the BOH for an inspection before opening the outdoor pool.
7. Request for Temporary Food Permit: Pepperidge Farms Promotions
Glen Harrington stated that the promotion request does not include beaches or any locations other than Mashpee Commons. They will use only pre-packaged items which are not potentially hazardous foods. Pepperidge Farms has been cautioned by the BOH about the potential trash problem, and they have promised that that will not be an issue.
The promotion will be for one day only. A team of three persons in uniform with three wooden carts will be inviting passers-by to try the 5-oz. Pepperidge Farm snack samples.
Lewis Mantel made a motion that the BOH grant the Pepperidge Farms request for a temporary food permit for a one-day promotion at Mashpee Commons, subject to receipt of a formal request for the permit, in writing, from Pepperidge Farms to the BOH. Lucy Burton seconded the motion. Glenn Santos opposed. The motion passed.
8. Request for Variance of Cesspool Regulation: 9 Cordwood Road
Elizabeth McNichols, attorney representing Mr. & Mrs. Matthew O’Loughlin who are the proposed purchasers of the property at 9 Cordwood Road, introduced herself to the Board. Ms. McNichols is asking for a variance to the required Title V septic upgrade prior to the closing on the sale of the property. Both buyers and sellers agreed upon a selling price, and the buyers have agreed to take all responsibility for everything: no home inspection, no finance inspection, and all responsibility for any required septic upgrade. The intention of the buyers is to tear down and rebuild the house. The parties have scheduled a closing on the property for tomorrow morning, and are asking the BOH to grant a 6 month grace period to complete the septic upgrade requirement.
Glen Harrington gave some background information on the property at 9 Cordwood Road. On April 27, 2005 a housing inspection reported 3 violations, basically because the property had been abandoned. On Feb. 23, 2006, a BOH housing inspection found 2 violations still outstanding. On May 2, 2006 a fine of $280 was issued in non-criminal tickets, which still may be outstanding. If there are outstanding fines on the property, the BOH cannot make any decisions. The existing owners basically have been non-responsive to the BOH.
Lewis Mantel moved that the BOH grant the 9 Cordwood Road request for variance of the Title V septic regulation pending receipt of information confirming that there are no outstanding fines on the property, and pending receipt of an application of an enforceable agreement with a 6 month deadline, starting on July 12, 2007. Glenn Santos seconded the motion. All approved.
OLD BUSINESS
1. Kennel Regulations.
Glen Harrington reported that yesterday was the last day to submit kennel regulation changes for the October Town Meeting. There were some changes made to the Town kennel regulation but not enough changes for BOH to support it in its current form. BOH needs to go back and look at its own regulation and take the zoning portion out of it. The zoning portion has been corrected in the Town regulation but they are still going to propose a kennel by-law with the body that would be different from the BOH regulation. Veronica Warden will be working on finalizing the BOH kennel regulation format.
Lewis Mantel moved that the Greenwood Homeowners Association be added to the agenda under DISCUSSION. Glenn Santos seconded the motion. All approved.
DISCUSSION
1. Greenwood Homeowners Association.
Joseph Nasuti, Board member of the Greenwood Homeowners Association, and Roxanene Iwaszko, Treasurer of the Homeowners Association, introduced themselves to the Board.
Joseph Nasuti stated that their purpose in coming before the Board was to request that the Board’s earlier denial of a swimming pool variance request from the Association be reconsidered. The request is based on the fact that the water quality in the pool meets the requirements as outlined by the State and the Town. The Association is asking that the BOH approve their variance request for the requirement of having a main drain in the bottom of the pool.
Glen Harrington stated that the main drain in the bottom of the pool is a requirement for coming into full compliance with State code. The Association has been reluctant to repair the pool to install a main drain because of the excessive construction costs involved. The BOH has granted the Association’s variance requests for the past 5 years, and the Association has not taken any steps to come into full compliance with the State code.
In view of the above facts, it was the decision of the BOH not to rescind the motion made at the BOH Public Meeting on June 13, 2007 to deny another variance request from the Greenwood Association to allow the pool to remain open.
2. 50 Greensward Road
Glen Harrington stated that 50 Greensward Road is an Amphidrome System for which FR Mahoney is the engineering firm that does the consulting and the operating. This system was installed by Holler & Sons. For the past two years there has been a significant amount of diagnostic work to figure out what has not been working properly. The unit is failing: it is leaking and is not meeting its discharge requirements. The owner is very upset because he is looking at $2000 to $4000 in repair bills and wants the Town and Jim Holler to pay for it. It is the BOH position that they looked at it when it was installed, but did not offer any guarantee that it would work properly. Glen Harrington suggested having Jim Holler come to a BOH meeting to explain the situation.
The Board decided to wait and see what transpires before taking any action.
3. Staffing of BOH Office
Glen Harrington stated that there is a part time position for the Board of Health office which already does exist. The Title V money could be used to pay for the staffer through the 5% interest that has been paid back to the Town through the Community Septic Loan program. Glen stated that the reason for the need for a part time staffer in the office is that at this time there are 183 notifications of systems that are in non-compliance. It is up to the BOH to do the enforcement, and the current staff does not have the time for the necessary follow-up. Glen Harrington stated that he wanted the part-time person to take over the tracking of 250 IA systems. Lewis Mantel suggested taking the evidence back to the Town Manager to justify the need for a part time person, and if necessary, go to
the Board of Selectmen for support for the position.
4. Medical Reserve Corp. & Volunteers
Lewis Mantel reported that the local medical reserve corps need volunteers to man their units. Lewis is recommending that a Regional Medical Reserve Corps be established to handle the need for medical reserve corps for the Cape. Volunteers will be needed and will need to be trained. There has to be some way to certify the qualifications of the volunteers. Lewis stated that Glen Harrington is a member of a subcommittee of Health Agents that meets this Friday. Lewis suggested that the BOH take advantage of the infrastructure of the Council of Citizens Corps and approach the Council to see if we could get a move on developing a Cape-wide Medical Reserve Corps. Every town is not capable of establishing its own Medical Reserve Corps. Mashpee has had no luck in recruiting volunteers on its own.
5. Quashnet Valley Condominiums – FYI - Receipt of Confirmation of CD
Glen Harrington reported that the Quashnet Valley Condominium Association followed through with the BOH request to create a separate account, approved by the Quashnet Valley Condominium Association, for receipt of funds to be used solely for the purpose of future septic system upgrades as they become necessary. The Quashnet Valley Condominium Association provided the BOH with a notarized statement in letter form that the separate account had been established. This arrangement was agreed upon by the BOH at its May 9, 2007 Public Meeting, which allows the Condominium Association to tap into the escrow account as needed when future septic upgrades are required, thus reducing the financial burden on the Condominium owners while preserving and spending the funds in the most efficient manner possible.
6. April 2007 Landfill Environmental Monitoring Report
Glen Harrington reported that arsenic was found over limits again in just one well. DEP was contacted and reported that it is monitoring the ground water. There is no other enforcement at the present time. There are two landfill gas wells that are still problematic, one of which is the northernmost.
Glenn Santos made a motion to place Ghelfi’s Candies on the DISCUSSION agenda. Lucy Burton seconded the motion. All approved.
7. Ghelfi’s Candies
Glen Harrington reported that Ghelfi’s Candies has moved their location to a building across the street from the theatres. Glen stated that he had a conversation with John Renz about a grease trap because it was ice cream, and basically deferred to Brian Dudley at the State because it is a waste water treatment plant. Brian Dudley at State stated that he did not care, so the grease trap issue went away. Glen Harrington reviewed and approved the floor plan and the building permit. Glen Harrington declined Ghelfi’s offer to do an inspection prior to opening because everything looked straightforward when he saw it. However, Ghelfi neglected to make application for a permit for change of location, and did not pay the permit fee. Glen Harrington has since received Ghelfi’s application for a
2007 permit together with a check, but Ghelfi’s is currently operating without a permit.
Glenn Santos made a motion to approve the Ghelfi’s food establishment permit application, and to fine Ghelfi’s $100 for a BOH violation of moving the store’s location and opening the store without first submitting an application for a permit. Lewis Mantel seconded the motion. Lucy Burton opposed. The motion carried.
8. MHOA Meeting Springfield 10/24/ - 10/26/07.
Glen Harrington asked the Board members to think about whether they would plan to attend the MHOA meeting in Springfield from 10/24 – 10/26/07.
The next BOH meeting is scheduled for Wednesday, July 25, 2007, 7:00 PM at Town Hall. As there was no further business, the meeting was adjourned at 9:25 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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