TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Wednesday, February 27, 2008
Board Members Present: Also Present:
Lucy Burton, Chairman Glen Harrington, Health Agent
Glenn Santos, Vice Chairman Veronica Warden, Assistant Health Agent
Chairman Lucy Burton called the meeting to order at 7:12 PM.
APPOINTMENTS
7:15 PM – John’s Pond Center Realty Trust – Show Cause Hearing
The hearing was continued to the next BOH meeting.
7:30 PM - Mashpee Bagel / Nicole Koloski – Show Cause Hearing
Glen Harrington stated that in a BOH letter to Nicole Koloski dated 1/09/08, an inspection report of the same date indicated four previous violations that had not been corrected. Also, information in the BOH files indicates that the Food Manager Serv Safe Certification expired 3/27/06 which is in direct violation of CMR 590.000 of the State Sanitary Code Chapter X “Minimum Sanitation Standards for Food Establishments” section 2-102.11.
Glenn Santos made a motion that a full inspection of Mashpee Bagel be conducted tomorrow by the Health Agent, and that if any critical violations are found, the establishment will be closed until the violations are corrected, and proof of Serv Safe Certification is received. Nicole Koloski will have three days to request an appeal. Lucy Burton seconded the motion. All approved.
7:45 PM – L. Clark Hill - Septic Violation – 50 Popponesset Island Road
The hearing was continued until June, 2008.
Glenn Santos made a motion to take the appointments out of order and move up to the 8:00 PM agenda appointment. Lucy Burton seconded the motion. All approved.
8:00 PM – Marjorie Southwick – Septic Violation – 29 Monahansett
Glen Harrington commented that a letter had been sent out to Marjorie Southwick dated 1/29/08, stating that the Microfast 0.5 system that was installed at 29 Monahansett in 2003 was never turned on, and therefore she was in violation of Mashpee BOH regulation Part IX, Section 15, “Innovative/Alternative On-site Septic Systems Regulation” which requires an operations and maintenance contract, with the required testing and analysis, for all denitrification units installed in the Town of Mashpee.
Vinnie St. Pierre introduced himself to the Board, stating that he was with the construction company working on the project. He explained that there had been no use of the system and that there would be no occupancy of the property for at least two to three months from now. Glen Harrington stated that the BOH would follow up and take care of the septic regulation issue at the time of occupancy.
Glenn Santos made a motion to take the appointments out of order and move up to the 8:15 PM agenda appointment. Lucy Burton seconded the motion. All approved.
8:15 PM – Stephen Lempitski – Septic Violation - 102 Captain’s Row
Glen Harrington commented that a letter from the BOH dated 1/29/08 had been sent to Stephen Lempitski stating that it had come to the attention of the BOH that the Microfast 0.5 system that was installed in 2000 had not been maintained since 2002, and that therefore Stephen Lempitski was in violation of the BOH regulation Part IX, Section 15, “Innovative/Alternative On-site Septic Systems Regulation” which requires an operations and maintenance (O & M) contract, with the required testing and analysis, for all denitrification units installed in the Town of Mashpee and Title V. Glen Harrington stated further that Mr. Lempitski had been notified by the DEP in 2002 of his violation. The O & M contract was received by the BOH, but there was no evidence that there had been any maintenance or any annual
inspections, since 2002.
Stephen Lempitski, 102 Captain’s Row, introduced himself to the Board. He stated that Bortolotti had been pumping out the septic system and that there had been no problems. He stated that he received a letter from the State, saying that unless he had problems, it was only necessary to have the system checked once a year.
Lucy Burton explained to Mr. Lempitski that for the past 5 years, since 2002, he has been in violation of the Title V requirements for not having a current O & M contract, and for not maintaining the system with annual inspections. In a letter dated 1/26/02 from the DEP, Mr. Lempitski had been notified that he was in violation of the Title V regulation for not having an O & M contract, and for not maintaining the system annually.
Mrs. Lempitski introduced herself to the Board. She stated that they had become very frustrated and angry by paying $300 every three months to have the system inspected. The last time Waste Water came, they just threw some sugar down. She stated that there are 160 homes in Pirate’s Cove where they reside, most of which have 60-year-old cesspools that cost $200 to install, and the Lempitskis have paid thouands of dollars for their system. Mrs. Lempitski stated that they felt it was unfair for them to have to pay for the regular maintenance costs when none of their neighbors were required to do the same thing and that was why they quit scheduling the required inspections.
Veronica Warden explained to the Lempitskis that because they had decided to tear down and rebuild their home, they were automatically required to upgrade their septic system. If they had kept the original structure, they would have been allowed to keep the existing cesspool. Veronica Warden further explained that the Conservation Commission has a 200 ft. requirement for distance away from the wetlands to the soil absorption system. This is why some homes in Pirate’s Cove have differing requirements from theirs. Mr. Lempitski stated that he has been living at 102 Captain’s Row for 11 years and has never seen one of the other homes in their neighborhood pumped out. Veronica Warden invited the Lempitskis to come into the BOH office to inspect the maintenance records of other homes in their
neighborhood.
Mrs. Lempitski stated that since receipt of the BOH letter dated 1/29/08, they had signed a new O & M contract and were told that they would only need one annual inspection.
Stephen Lempitski Jr. introduced himself to the Board. He stated that he was a chemist by trade, and inquired as to whether he could perform the wastewater testing himself if he passed the required certification exam. Glen Harrington stated that if he was certified to do the wastewater testing, Steve Lempitski Jr. could perform the inspections himself.
Glenn Santos stated that the Lempitskis had met the requirement stated in the BOH letter to the Lempitskis dated 1/29/08, to enter into a new one-year contract.
Glenn Santos made a motion that the BOH tonight was issuing a warning that if there were any future violations of the contract, fines would be levied. The Lempitskis will conduct monitoring once a year, with no sampling required. Lucy Burton seconded the motion. All approved.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Approval of Public Session and Executive Session Minutes.
- January 2, 2008 minutes. It was moved, seconded and passed that the 01/02/08 public session minutes be approved as submitted.
- January 23, 2008 minutes. The following corrections were made:
Page 2, second paragraph, line 9, start the sentence with insertion of
the words ‘It is the attorney’s opinion that” before the words “the standard”.
Page 2, second paragraph, last line, insert the words Mr. Paquin’s interpretation of the” in front of BOH.
Page 3, third paragraph, line 2, change the name Glenn Santos to Glen Harrington.
It was moved, seconded and passed that the 01/23/08 public session minutes be approved as corrected.
- February 13, 2008 minutes. The following corrections were made:
Page 1, under 7:15 PM, paragraph 2, change the sentence to read, “Lucy Burton commented that the name of the portion of Industrial Drive that goes from Industrial Drive to South Cape Village has been changed to Commercial Street.”
Page 2, under 4. BOH Review of Kennel Permit Requests, paragraph 3, line 3, delete the words ‘go for a’ and insert the words ‘appear before the’ before the words ‘plan review’.
It was moved, seconded and passed that the 02/13/08 public session minutes be approved as corrected.
- Executive Session Minutes of 01/06/05, 01/20/05, 04/14/05, 08/11/05, 08/25/05 and 12/15/05.
It was moved, seconded and passed that the above Executive Session minutes be approved as submitted.
3. BOH Review of Kennel Permit Request – Christopher Newman, 126 S. Sandwich Rd.
Veronica Warden stated that Christopher Newman owns four dogs but they are all pets, and are not for breeding. Veronica added that Mr. Newman plans to install a fence around his property.
Glenn Santos made a motion to approve the kennel permit request for 126 South Sandwich Road pending a site plan review and Animal Inspector inspection. Lucy Burton seconded the motion. All approved.
4. Board Review of Nuisance Violation: Lakeside Trailer Park, 300 Rt. 151
In response to a complaint, Glen Harrington went out to inspect the Lakeside Trailer Park located at 300 Rt. 151. Glen Harrington stated that in a letter from the BOH dated 2/14/08 to Mr. Haney, Manager at Lakeside Estates, the following violations of the State Sanitary Code, Chapter II “Minimum Standards of Fitness for Human Habitation” were noted:
- 105 CMR 410.600 (A) The three dumpsters provided were observed with covers open with bags of refuse on the ground around the outside on the ground.
- 105 CMR 410.600 (C) The three dumpsters provided are over-flowing on a regular basis. Therefore they are considered to be inadequate in number or emptied in a frequency that does not allow a nuisance to occur.
- M.G.L. 111 section 122 – Nuisance. The above violations of the dumpster covers being open, numerous bags of refuse and bulk items on the ground and the recurring condition of the dumpsters overflowing along with crows and seagulls observed eating the refuse in the dumpsters and on the ground, are considered a nuisance.
The BOH letter further ordered that the following mitigating condition requirements were to be met within 30 days of receipt of the letter:
1. A concrete slab shall be constructed to place the dumpsters on. The slab shall allow a sanitary, non-absorbing surface where spills will not impact the environment.
2. A locked fence enclosure shall be provided to mitigate wind-blown trash. Keys to the lock may be provided to park occupants only, to mitigate illegal dumping.
3. A copy of an executed contract with a Mashpee licensed refuse hauler shall be provided that indicates an increase in weekly services or number of dumpsters.
4. A licensed pest control company shall be contracted to mitigate the report of rats and mice in and around the dumpsters and to reduce the potential for the spread of disease. Notice shall be provided to all park occupants at least 24 hours in advance that the area will be treated with pesticides.
5. As the volume of refuse appears to be a problem, recycling bins shall be provided to reduce the amount of refuse disposed of from the park. Containers for mixed paper, #1 and #2 plastic, mixed color glass and tin cans shall be provided sufficient for the occupants of the park and in a sanitary manner as prescribed in items 1 and 2 above.
Glenn Santos recommended that the fence enclosure around the dumpsters not be locked, to eliminate the potential problem of Trailer Park residents losing their keys and, as a result, leaving their trash outside the dumpster area. The Board agreed that by the date of the next BOH meeting on 3/12/08, if the above outlined requirements have not been instituted, $1000 fines per day will be implemented.
5. Refuse Regulation Violation: ABC Disposal, Inc.
Glen Harrington stated that in a conversation with Steve Camara, owner of ABC Disposal, Inc., he learned that Mr. Camara is just a broker, and has an account with property owners to provide dumpster services. A Plus Disposal of Falmouth actually is servicing the dumpster, transporting and dumping the trash. Glen Harrington stated that A Plus Disposal, Inc. is not licensed in the Town of Mashpee.
Veronica Warden suggested that brokers place an identifying sticker on dumpsters indicating the hauling company servicing the dumpster.
Glenn Santos made a motion that the BOH send a certified letter to ABC Disposal, Inc., stating that A Plus Disposal is not licensed in Mashpee, and stating further that ABC Disposal has 14 days upon receipt of the letter to employ a licensed hauler to service their dumpsters, or else remove the dumpsters. A Plus Disposal is to be copied on the letter. Failure of ABC Disposal, Inc., to do so will result in fines up to $1000 per day. Lucy Burton seconded the motion. All approved.
OLD BUSINESS
No old business.
DISCUSSION
Policy on Food Sanitation Certification Training
The Board requested that discussion of this topic be continued until they have more time to review the policy.
Veronica Warden’s comment was that the policy would be almost impossible to enforce. The Town of Barnstable felt that the amount of paper work involved to set up a data base was significant, and that after Serv Safe came into being, it might not be required.
The next BOH meeting is scheduled for Wednesday, March 12, 2008. As there was no further business, the meeting was adjourned at 9:10 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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