TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of April 9, 2008
Board Members Present: Members Absent: Also Present:
Lucy Burton, Chairman Glenn Santos, Vice Chairman Glen Harrington, Health Agent
Burton Kaplan, Clerk Veronica Warden, Asst. Health
Agent
Chairman Lucy Burton called the meeting to order at 7:04 PM.
APPOINTMENTS
7:15 PM – Leann Tibets – 123 Brickyard Road
Glen Harrington stated that in a letter dated 3/31/06 to LeannTibets, she was informed that she was in violation of 310 CMR 15.305 of the State Environmental Code and ordered to file a Title 5 design plan to the Mashpee BOH within 30 days from receipt of the “Order” letter and to install an approved septic system within 30 days of plan approval. As of 3/31/08 Leann Tibets had failed to comply with the order letter. In a second letter from the BOH to Leann Tibets, dated 3/31/08, she was ordered to appear before the BOH on 4/09/08 for a hearing to issue a finding if the dwelling is unfit for human habitation and whether an order to condemn, secure and vacate should be issued per 105 CMR 410.831 (B).
Leann Tibets introduced herself to the Board, stating that her legal address is 59 Indian Park Road. Ms. Tibets stated that in 2004 she had told her husband to handle the septic problem. She stated further that she never received the BOH letter dated 3/31/06, and inquired as to what was necessary to fix the problem. Glen Harrington explained that the lot was small but could have a septic system installed. Because it is a small lot, is tight to the road and to the water, setback variances will be necessary, and an engineer will have to be involved to design the septic system. Leann Tibets stated that she would not be using the cottage until July and August of 2008. Veronica Warden explained that there was a loan program available for the work, that three bids would be necessary to be eligible for the
program, and that she would provide Leann Tibets with the contact information regarding the loan program.
Lucy Burton made a motion to grant Leann Tibets of 123 Brickyard Road until July 1, 2008 to upgrade the septic system at 123 Brickyard Road. Burton Kaplan seconded the motion. All approved.
7:30 PM – Charlene Pelley – Request for Extension to Kennel License
Richard Pelley introduced himself to the Board and stated that he was breeding Yorkies and Pugs at his residence at 171 Falmouth Sandwich Road. He stated that currently there were 23 dogs that had been licensed.
Veronica Warden stated that she had conducted an inspection of the Pelley residence and found everything to be in order: there was adequate outdoor shelter, the shots were all up to date, all records in order. The Pelleys are requesting an extension of their kennel license application until after the October Town Meeting in anticipation of a change in the part of the Town zoning regulation which limits to 10 the number of dogs allowed in a personal kennel. The BOH kennel regulation requires that personal kennels must be in compliance with the Town zoning by-laws. The BOH kennel regulation does not limit the number of dogs kept in a personal kennel, but requires a kennel license if there are over 4 dogs.
Burton Kaplan made a motion to grant the request for an extension of the Pelley’s kennel license until after the October ’08 Town Meeting. Lucy Burton seconded the motion. All approved.
7:45 PM – Tim Kelley – Lobster Sales – Informal Discussion
Tim Kelley introduced himself to the Board.
Glen Harrington stated that Mr. Kelly had requested an informal exploratory session with the BOH to talk about the possibility of his selling live lobsters as a mobile food establishment out of the back of his truck. The State requirements would include the following: a permit from the Division of Marine Fisheries, a State Dept. Peddlers License, the Police Chief must sign off on the license, and the BOH would require a Mobile Food Permit; the inspection forms are sent to the Marine Fisheries Dept.; the lobsters must be live lobsters, no shell fish. A Serv Safe Certification would be required of Mr. Kelley.
Mr. Kelley said he would keep the lobsters in an ice cooler in the back of his truck. He is interested in a couple of locations along Rt. 151 and would be selling from 4 PM to 7 PM three days a week. Veronica Warden stated that bathroom facilities would be required near his sales location. Mr. Kelley stated that he would be getting the lobsters off a boat in Sandwich.
Glen Harrington stated that he would provide Mr. Kelley with a complete list of BOH requirements in order to receive BOH approval for such a project.
NEW BUSINESS
1. Sign Warrants. Board members signed the warrants.
2. Approve Public Session Minutes - 3/26/08.
The following corrections were made to the 3/26/08 minutes:
- Page 1, under 7:15 PM – Douglas Williams, third paragraph, line 1, add the word probably after the word ‘bank, and change the word rehired to hired
- Page 1, under 7:15 PM – Douglas Williams, third paragraph, line 2, change the word knowing to assuming, and change the name Douglas to Williams.
- Page 5, the first line, change Semass to SEMASS
- Page 5, under DRAFT – Conclusions, line 3, change the word as to at
Approval of the minutes as corrected will be continued to the next BOH meeting when there is a full attendance.
3. Request for Extension to BOH Order: Tinder Box Internationale
Glen Harrington commented that an order letter had been sent to Natalie Beigel, owner of Tinder Box Internationale, instructing her to have a Smoke Bar permit displayed within 10 days of receipt of the letter. Natalie Beigel responded to Glen Harrington in a letter dated 4/04/08, stating that she had been unaware of the permit requirement and had sent via certified mail an application along with all the required attachments to the DOR for the permit. She requested an extension of time to meet the BOH requirement for display of the permit within 10 days, to cover the time it will take for the DOR to send her the permit. Natalie Beigel further explained that due to a family medical emergency, she would be unable to follow up on the order letter instructions until Monday, April 14th, 2008.
Burton Kaplan made a motion to approve the request by Natalie Beigel for extension of time until April 23, 2008, to have the Smoke Bar permit installed. Lucy Burton seconded the motion. All approved.
4. Review of Compliance: Bleu Food Establishment, Mashpee Commons
Veronica Warden reported that she conducted an inspection at Bleu Restaurant on 4/02/08 and found 4 critical and 6 non-critical violations. She stated that the owner has no daily cleaning regimen. The owner was given 14 days, until April 17th, 2008 to correct the violations.
Glen Harrington requested that, going forward, Veronica Warden, along with a Board of Health member, conduct monthly inspections at Bleu Restaurant. A follow-up inspection will be conducted at Bleu no later than 4/17/08. Glen Harrington added that Bobby Byrne’s and Siena Restaurants need to be inspected soon, as well. Lucy Burton agreed to accompany Veronica Warden on inspections to both Bobby Byrne’s and Siena.
5. Request for Reinstatement of Septic Inspectors Permit: Michael Kellett
Michael Kellett introduced himself to the Board, and clarified that his current mailing address is PO Box 563, Sagamore, MA. 02561.
Glen Harrington stated that in a BOH letter dated 7/12/07 to Mr. Kellett, he was “ordered” to appear before the BOH on 7/25/07 to “show cause” as to why he had failed to comply with the BOH Septic Inspection Regulation. The letter listed six required pieces of information on the Septic Inspection report for 12 Swain Circle, Mashpee that Mr. Kellett had failed to include in his report on the inspection conducted by him on 3/06/06. Mr. Kellett failed to appear before the BOH at their 7/25/07 meeting.
In a letter from the BOH dated 8/01/07, Mr. Kellett was informed that the BOH at their 7/25/07 meeting voted unanimously to deny issuance of any licenses or permits to him. Glen Harrington stated that Mr. Kellett was requesting that the Board reinstate his septic inspection license in Mashpee, as he has job opportunities for septic inspections in Mashpee.
Mr. Kellett stated that he had not received the BOH letter dated 7/12/07, and that was why he had not attended the meeting that night. Mr. Kellett stated that the realtor had informed him that she had arranged a second septic inspection at 12 Swain Circle, and that the septic problem had been taken care of. Glen Harrington stated that Mr. Kellett neglected to contact the BOH to inform them of what was happening at 12 Swain Circle.
Lucy Burton made a motion to reinstate Mr. Kellett as a licensed septic inspector in the Town of Mashpee, effective August 1, 2008. Burton Kaplan seconded the motion. All approved.
OLD BUSINESS
1. 75 Edgewater Road
Burton Kaplan stated that he checked Multiple Listing Service which showed that the property had been sold. Burton Kaplan then contacted the broker, who referred him to the attorney. Burton then went to the Registry of Deeds and found that no deed for the property had been recorded, but there was a municipal lien certificate filed. Burton Kaplan then got in touch with the attorney who had filed the lien certificate on behalf of American Home & Environmental and was told that in fact there was a sale, that the property had been transferred to a couple in Hawaii. Burton Kaplan stated that he will attempt to find out if the property title has been transferred.
2. 51 Santuit Pond Road
Glen Harrington stated that the property had been condemned by the BOH in October of 2007, but that someone had returned over the past weekend, had done some work and had removed the “Condemned Notice” placard. The Board granted Glen Harrington permission to re-post the Condemned placard at 51 Santuit Pond Road and to contact the property owner with a notice that he would be fined $100 for removal of the placard.
3. 401 Rt. 151
Glen Harrington stated that he had received a letter dated April 7, 2008, from Thomas Paquin, attorney for Alexander Mitrokostas, stating that his client feels that the existing septic system at 401 Rt. 151 is in compliance with the regulation and his client has not been in violation of Board of Health Regulation Part IX, Section 14.00. Mr. Pacquin’s letter further stated that the Board should therefore rescind all fines imposed, and if the Board is unwilling to take this action, Mr. Pacquin requested permission to work with the Board’s legal counsel in an effort to settle the matter.
Glen Harrington reported that Spiro had asked to come in to talk to the BOH about the matter. Glen Harrington stated that he would want Mr. Marino to be included in such a meeting, as well as a Board of Health member. Lucy Burton agreed to be included in such a meeting.
DISCUSSION
1. DRAFTS: Refuse Container Regulation, Food Inspection & Enforcement Regulation, Bodyworks Regulation
The Board members agreed to continue review and approval of all draft regulations to the next BOH meeting to allow time to study the revised drafts in detail.
The next Board of Health meeting is scheduled for Wednesday, April 23, 2008, at 7:00 PM in the Selectmen’s meeting room. 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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