TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes from the Meeting of Wednesday, July 25, 2007
Board Members Present: Also Present:
Lucy Burton, Chairman Glen Harrington, Health Agent
Glenn Santos, Vice Chairman
Lewis Mantel, Clerk
Chairman Lucy Burton called the meeting to order at 7:07 PM.
APPOINTMENTS
7:15 PM – Michael Kellett – Show Cause Hearing – 12 Swain Circle
Michael Kellett was not in attendance at the meeting. Since Mr. Kellett has let his septic inspection license expire, the BOH cannot take away his license.
Lewis Mantel made a motion that going forward, the BOH will no longer approve any license inspection/installing permits for Michael Kellett, and that a copy of the BOH correspondence with Mr. Kellett should be forwarded to the State DEP. Glenn Santos seconded the motion. All approved.
7:30 PM. Baxter Nye – Brian Tamborelli – Request for Food Establishment Permit – Deer Crossing
Stephen Matson, representing Baxter Nye, introduced himself to the Board. Mr. Matson stated that on behalf of Baxter Nye’s client, Mr. Brian Tamborelli, he was requesting review and approval of plans for the addition of a FAST High Strength 1.0 nitrogen reducing system within the existing septic system for Building A at Deer Crossing, in support of a proposed Deli use by Brian Tamborelli in Unit A 17 of Building A. The plans call for a 3314 gallon per day flow, which is 114 gallons per day more than what was approved by the BOH for Unit A-17 in October 2006.
Lucy Burton stated that minutes from the October 25, 2006 BOH meeting include a motion passed to approve the revised 10/16/06 Deer Crossing Building A plan based on 3200 gallons per day flow, with the stipulation that the grease trap remain operational until the restaurant in Deer Crossing Unit #A-17 is vacated, at which time the grease trap will be removed. Lucy stated that the promise to remove the grease trap was not kept.
Brian Tamborelli introduced himself to the meeting. He stated that he understood the ill feelings of the Board for past promises not kept, but asked that he not be penalized for something done in the past by someone else. He asked that he be given an opportunity to perform properly what is required by the BOH. The grease trap will be a necessity if the Board approves his plans.
Glen Harrington stated that with no more than 8 seats in the restaurant, and with use of paper and plastics, not dishware, and with the limit of 3200 gallons per day flow, the restaurant will be in compliance. Mr. Tamborelli agreed to limit his eating utensils and all dishes to paper and plastic only.
Lewis Mantel made a motion that the Board approve the proposed septic plans for Unit #A-17 in Building A, pending receipt of corrected plans that will limit the flow to 3200 gallons per day, and with 8 seats only, and limiting his eating utensils and all dishes to paper and plastic only. The Board will need copies of the menu as well as the Serv Safe certificate for Mr. Tamborelli no later than August 8, 2007, the date of the next BOH meeting. Glenn Santos seconded the motion. All approved.
NEW BUSINESS
1. Sign Warrants. There were no warrants.
2. Approve Minutes of 7/11/07, and Executive Session minutes of 5/09 and 6/13/07.
The following corrections were made to the 7/11/07 minutes:
Page 1, under APPOINTMENTS, 7:15, paragraph 1, line 4, change the word accretion to aggregation.
Page 2, under 4. Septic Inspector Enforcement, add the following sentence to the paragraph: “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.”
The Board unanimously approved as amended the minutes from the BOH Public Meeting held on 7/11/07.
The Board decided to review all the past outstanding Executive Session minutes at the same time, since some of the minutes are in reference to the same issue.
3. Request for Temporary Food Permit: Mashpee Open Market – Daniel Steinberg
Glen Harrington stated that the request was for two days at the Mashpee Open Market, on August 3rd and 17th, from 11 AM TO 6 PM. Mr. Steinberg will be serving 4 oz. samples of coffee with organic milk options and fair trade organic sugar, with the possible use of ice if iced coffee is served. The milk products will be kept in an iced cooler.
Lewis Mantel made a motion to grant the temporary food permit request for The Mashpee Open Market submitted by Daniel Steinberg for the dates of August 3rd and 17th, with only coffee served, no other food products, pending BOH inspection prior to the events. Glenn Santos seconded the motion. All approved.
4. Unlawful Semi-Public Pool Opening on 7/19/07: Sea Quarters and Vineyard Reach.
Brian Casey, representing Bayswater Development, introduced himself to the Board.
Glen Harrington stated that on June 27th, Veronica Warden went out to do an inspection of a semi public pool at the Sea Quarters Condominium Development in New Seabury. Ms. Warden reported that the pool appeared to be open, with the gate open, and with chairs and tables in place around the pool. There were no required sign postings and no sign indicating that the pool was closed. There had been no permit application or water sample reports received by the BOH. Veronica Warden closed the pool. Prior to the pool opening on 7/03/07, the BOH did a second pool inspection and found that all violations had been cleared up.
Brian Casey stated that the pool gate was left unlocked because it was still under construction - it was not what Bayswater Development considered to be an open pool. Bayswater had hired a construction company to do the work on the pool, and the company did not follow through on the requirement to apply for a permit. Mr. Casey stated further that this was his first experience with managing a semi private pool and that he was not familiar with all the requirements. It appeared that an information disconnect had occurred between the pool construction company and Bayswater Development which was why there had been no application for a permit.
Glen Harrington stated that the same situation had occurred at the Vineyard Reach Development pool. The gate was open with no required sign postings, chairs and tables in place around the pool, and it appeared to be open. There had been no application for a permit. Brian Casey stated that although Bayswater Development is managing both Sea Quarters and Vineyard Reach, he personally manages only the Sea Quarters.
Lucy Burton made a motion to fine The Bayswater Development Company $250 each for the Sea Quarters pool and the Vineyard Reach pool, for violations that occurred at both pools prior to the pools being open, and for having opened the pools prior to BOH inspection and application for a pool permit. Lewis Mantel seconded the motion. Glenn Santos opposed. The motion carried.
5. Approval of Nitrogen Aggregation Plan – 140 Walton Heath Way
Tom Bunker, Professional Land Surveyor with BSS Design, Inc., introduced himself to the Board. Mr. Bunker stated that the recipient property is located at 140 Walton Heath Way. The credit property is located at 8 Pequot Way.
Glen Harrington stated that both the BOH and the State would need a septic design plan for 140 Walton Heath Way, to review before approving the aggregation plan. The BOH would need a building envelope.
Glenn Santos made a motion to continue the request for approval of the nitrogen aggregation plan for 140 Walton Heath Way until the BOH meeting on 8/08/07. Lewis Mantel seconded the motion. All approved.
8. FY 2008 Proposal for Annual Post-Closure Monitoring – Asher’s Path Sanitary Landfill: Horsley Witten Group.
Glen Harrington had distributed copies to the BOH of the proposal by Horsley Witten for annual post-closure monitoring at the Asher’s Path Sanitary Landfill. Glenn Santos asked for clarification of two points in the proposal.
1) Exemption on sampling surface water. Glenn stated that several years ago there was an exemption on sampling the surface water. The proposal states that they will be sampling the surface water. Glen Harrington will clarify this point.
2) Monitoring tasks: the only one Glenn felt comfortable with was Phase 5, Landfill Inspections. It is the only Phase in the report that states that a final report will be submitted to DEP. Glenn Santos wants the report to state in each Phase that a final report will be submitted to DEP.
9. FYI – Paper Moon – BOH Regulation Violation
Lewis Mantel reported that last Friday, Veronica Warden conducted an inspection of the Paper Moon restaurant and found a server handling Sushi with his bare hands. Ms. Warden issued a violation and a fine of $100 which was paid on-site. Lewis Mantel recommended that all Paper Moon food handlers be required to have Serv Safe training certificates.
Lewis Mantel made a motion that the BOH require all Paper Moon food handlers to have Serv Safe training certificates. Glenn Santos seconded the motion. All approved.
Lucy Burton made a motion to amend the motion to state that all Paper Moon food handlers must have their Serv Safe certificates no later than 30 days from receipt of a letter from BOH, stating the requirement. Glenn Santos seconded the motion. All approved.
10. Zoe’s Pizza – BOH Regulation Violation.
Glen Harrington reported a BOH inspection discovered Zoe’s Pizza food handlers making subs with their bare hands. Glen Harrington spoke to the two senior members of the kitchen and the two summer help that were making the subs and informed them that they would be fined $100 for the violation. The manager was not there, but will be contacted by the BOH to pay the fine. This is the first offense by Zoe’s Pizza.
11. Open Market BOH Regulation Violation
Glen Harrington reported that Veronica Warden had gone to the Mashpee Open Market and closed down a temporary food vendor selling jellies, cheeses and pies without a permit.
12. Recall Notices to Establishments –Veronica Warden
Lewis Mantel reported that Veronica Warden is following up with recall notices that were sent out to establishments potentially having food products contaminated with botulism.
13. FYI – Mobil Paid
Glen Harrington reported that Mobil had paid the agreed-upon fine of $12,000 relative to the violations at the Mobil-On-The-Run property.
OLD BUSINESS
No old business.
DISCUSSION
1. 492 Cotuit Road.
Glen Harrington reported that the BOH had been made aware that both the water and the power have been shut off at 492 Cotuit Road. The BOH will be going to the property to do an inspection. If it is occupied, the BOH will serve notice that at the next BOH meeting, the Board will issue a finding that the property should be unfit for human habitation, and will order the property to be vacated. If it is unoccupied, the BOH will do an emergency closure. There is a 3-day mandatory hearing that the occupant may request to rebut the emergency closure.
Glenn Santos stated that the house is in foreclosure and is in the hands of the bank. Glenn also stated that there have been reports that the person living there still comes and goes. Glenn Santos requested that Glen Harrington inform the Board if the BOH effects an emergency closure.
The next BOH meeting is scheduled for Wednesday, August 8, 2007, in the BOH office.
As there was no further business, the meeting was adjourned at 8:35 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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