TOWN OF MASHPEE
BOARD OF HEALTH - PUBLIC MEETING
Minutes of the Meeting of Wednesday, May 14, 2008
Board Members Present: Also Present:
Lucy Burton, Chairman Glen Harrington, Health Agent
Burton Kaplan, Clerk
Chairman Lucy Burton called the meeting to order at 7:06 PM.
APPOINTMENTS
7:15 PM Robert Foster, 148 West Way
Glen Harrington stated that he had called Mr. Foster to inform him that his “show cause” hearing scheduled for the BOH 4/23/08 meeting had been continued to the 5/14//08 BOH meeting, but Mr. Foster had not gotten back to him. Glen Harrington stated that Veronica Warden went out to the property with another inspector, who reported a failed property septic inspection. The water meter has been installed but the plumbing has not been connected to the house. Lucy Burton stated that she felt that since Mr. Foster has not followed the septic inspection regulations and has not followed the order to appear for a ‘show cause” hearing, the BOH should suspend Mr. Foster’s Mashpee septic inspection license.
Burton Kaplan made a motion to suspend Robert Foster’s septic inspection license pending resolution of the outstanding septic inspection issues at 148 West Way. Lucy Burton seconded the motion. All approved.
7:30 PM Ron Gangemi - Irrigation Well Variance
Postponed until the next BOH meeting.
7:45 PM Matt Haney – Lakeside Trailer Park
Glen Harrington reported on the history of Lakeside Trailer Park. On 2/08/08 the BOH received a complaint re: overflow of dumpsters at Lakeside Trailer Park, and a BOH inspection was conducted at the site on that day. On 2/14/08 an order letter was sent out to Matt Haney, Manager at Lakeside Trailer Park, which was received on 2/20/08, requesting that the nuisance be mitigated, along with five other requirements to take care of the dumpsters. The letter gave 30 days to correct and mitigate the nuisance and comply with the orders. BOH re-inspections occurred on 2/13/08, 2/25/08, 3/03/08 and a letter was generated on 3/11/08 which reiterated the 3/20/08 deadline to comply with the previous order letter. On 3/11/08 Matt Haney called Glen Harrington and said he had spoken to some contractors about the fence
around the dumpster, and the contractors stated the work couldn’t be done until spring. Glen Harrington told Mr. Haney that if he needed an extension to comply with the order letter, the request needed to be done in writing to the BOH. On 3/19/08 during a BOH inspection, the dumpsters were observed to be open. On that same date Glen Harrington called Matt Haney to remind him that the BOH required a letter to request an extension of time. On 3/21/08 a letter was received from Lakeside Estates stating that they would comply when the weather permits. On 3/26/08 at the BOH Public Hearing, the Board voted to fine the Lakeside Estates $500 per day for failing to comply with the Board’s order letter. The Board voted further to file a complaint with the Court if no work was done by May 1, 2008.
Mr. William Haney introduced himself and his son Matt Haney to the Board. William Haney stated that he had been involved in the Lakeside Estates for 17 years, and that now, all of a sudden, there was this major problem with the dumpsters. He stated that two tenants who had been evicted for nonpayment had called the BOH to complain about the dumpsters. Mr. Haney stated that the problem was that people were coming in off the street at night, putting garbage outside the dumpster. Mr. Haney stated that every time this happens, he takes care of it immediately. Mr. Haney stated that what he plans to do this summer is move the dumpsters from across the street onto the Lakeside Estates property and if necessary, enclose the dumpsters with a fence. Mr. Haney plans to get a new surveillance camera
to catch the perpetrators.
William Haney stated that he would comply with the BOH request to move the dumpsters on the site of the trailer park, on a concrete pad, surrounded by a fence.
Lucy Burton made a motion that Mr. Haney must have the 3 dumpsters moved to a BOH -approved location on the Lakeside Trailer Park site by Friday, 5/16/08, with 45 days to correct all five nuisance items noted in the 2/14/08 BOH letter. The $500 per day fine will be suspended as of 5/14/08. If all nuisance items have not been corrected within the 45 day period, the $500 per day fine will be resumed. Burton Kaplan seconded the motion. All approved.
8:00 PM – George Benway – Variance Request - 12 Popponesset Island Road
George Benway introduced himself to the Board as the owner of the property at 12 Popponesset Island Road. Earl Fields was introduced as the father of the buyer of the property. Mr. Benway stated that he and his sister are building a home on Monomoscoy Road. They are 3 to 4 months away from transferring to the new home. The Fields’ son has a contract to purchase the property at 12 Popponesset Island Rd. with title passing on or about 07/01/08, and have agreed to let the Fenways remain in the house until November 1, 2008. The septic system currently has two inter-connected cesspools. After November 1, 2008 the Fields plan to tear down the house and rebuild. Mr. Benway is requesting a variance to delay the required Title V septic upgrade regulation beyond the closing date
of 07/01/08 until after Nov. 1, 2008.
Glen Harrington stated that an engineering design of the footprint for the new house must be submitted to the BOH by 11/01/08 in order to determine the location of the new septic system on the property. Glen Harrington stated that he had sent to Mr. Benway’s attorney the wording required by the BOH for an enforceable agreement. Included in the agreement is the contingency that the house must be either torn down by 11/15/08 or declared by the Town to be uninhabitable within that same timeframe. George Benway will vacate the house no later than 11/15/08.
Burton Kaplan made a motion to defer action on the variance request at 12 Popponesset Island Road until the next BOH meeting on 6/11/08 after a revised enforceable agreement is submitted to the BOH. Lucy Burton seconded the motion. All approved.
NEW BUSINESS
1. Sign Warrants. Board members signed the warrants.
2. Approve Public Session Minutes of 3/26/08 and 4/09/08
-The Board unanimously approved as previously corrected the minutes from the meeting of 3/26/08.
- The Board unanimously approved as submitted the minutes from the meeting of 4/09/08.
3. Request for Food Establishment Permit: Brown Bag Bagels & Deli, Inc.
Burton Kaplan made a motion to approve the Food Establishment Permit for Brown Bagels & Deli, Inc., pending receipt of information on the number of seats, a menu, a catering permit, and BOH inspection prior to opening. Lucy Burton seconded the motion. All approved.
4. Request for Food Establishment Catering Permit: JimmyZ BLT
Glen Harrington stated that the permit request was for a 2008 catering license for the Senior Olympics event at the Mashpee High School on June 21, 2008. James Supka, chef/owner, has Serv Safe certification. A copy of the menu has been received.
Burton Kaplan made a motion to grant the Food Establishment Catering Permit for JimmyZ BLT, pending BOH inspection prior to the event. Lucy Burton seconded the motion. All approved.
Glen Harrington agreed to check on the refrigeration capability for the event.
5. Request for 2008 Food Establishment Permit: The Dog Waggin’, 10 Echo Road
Janice McGee, owner, introduced herself to the Board. She stated that it is a pull-behind cart that is enclosed. Ms. McGee stated that she planned to operate the cart Monday through Friday at 10 Echo Road, and weekends at other activities such as the Hyannis Street Fair. Hot and cold handwash is available in the truck. The menu will include hot dogs, hamburgers and later, sides and sandwiches will be added. Ms. McGee will use the bathroom facilities at 10 Echo Road. A utility box will be located at the street. A refrigerator, grill and coffee maker are located inside the truck. Ms. McGee is Serv Safe certified, and hopes to open in three weeks.
Burton Kaplan made a motion to approve the 2008 Food Establishment Permit request for The Dog Waggin’, pending necessary BOH inspection. Lucy Burton seconded the motion. All approved.
6. Request for 2008 Motel Permit: Santuit Inn.
Glen Harrington reported that Veronica Warden had visited the premises, and that renovation work was in progress, the Fire Department had inspected the premises, and
all necessary approval signoffs would occur together.
Burton Kaplan made a motion to accept the request for a 2008 Motel Permit for Santuit Inn, pending BOH inspection prior to opening. Lucy Burton seconded the motion. All approved.
7. Request for 2008 Food Establishment Permit: Stelios’ Pizza, 259 Shore Drive - Popponesset Marketplace - Stelios Markantonis
Glen Harrington reported that Stelios’ Pizza would be taking over the prior Little Kim’s Pizza facility, as-is. Veronica Warden had been out to the property and reported no problems.
Burton Kaplan made a motion to approve the request for a 2008 Food Establishment Permit for Stelios’ Pizza at 259 Shore Drive in Popponesset Marketplace, subject to BOH inspection prior to opening. Lucy Burton seconded the motion. All approved.
8. Request for Approval of Nitrogen Aggregation Plan: Prime Homes, Cape & Islands representing.
Discussion was postponed to the next BOH meeting.
9. Request for Temporary Food Permit – Dino’s for Bridal Show, June 1st
The Bridal Show event will be held at the Mashpee Commons under a tent.
Lucy Burton made a motion to approve the Temporary Food Establishment Request for Dino’s at the Bridal Show Event on 6/01/08, pending BOH inspection prior to the event. Burton Kaplan seconded the motion. All approved.
OLD BUSINESS
1. Bleu F/U. Lucy Burton reported that Bleu had been reinspected and that everything was in compliance with BOH regulations.
2. Tinder Box F/U. Glen Harrington reported that Deborah Gersha, certified industrial hygienist from the State Division of Occupational Safety, and Marina Brock from the County, came to the Tinder Box and brought their test meters to inspect the air quality in the store. BOH is awaiting reports from these two sources to determine the necessary next steps.
3. 35 Edgewater Drive – F/U. Glen Harrington reported that Will Swift, contractor for the new buyers at 35 Edgewater Drive, currently is working with Bortolotti to engineer a concrete cap over the top of the septic tank to protect it from the weight of the soil above.
4. 51 Santuit Pond - FYI – No new action.
5. Regional Transfer Station Problem F/U. Glen Harrington reported that alternative solutions still are being considered to resolve the issue that trash haulers are not following the BOH regulations for tipping at the Mashpee transfer station.
6. Siena/Bobby Byrne’s Further Inspections F/U. Glen Harrington reported that further inspections have not been done. Lucy Burton has offered to accompany Veronica Warden on these follow-up inspections.
7. Dino’s F/U. Glen Harrington reported receipt of a letter from the Mitrokostas’s attorney Thomas Paquin dated April 7, 2008, prior to the April 9th BOH meeting. Nothing else has been done since that meeting. Mr. Spiro Mitrokostas has offered again to meet on an informal basis to resolve the matter. No response has been forthcoming from Mr. Marino. A letter was sent out dated May 12, 2008 to Mr. Vincent Marino re: notice of non-compliance, at 401 Route 151, directing that Shear Express Beauty Salon comply with the state’s UNDERGROUND INJECTION CONTROL regulations by informing the BOH of his intentions within ten (10) days of receipt of the notice and completing the work within thirty (30) days.
DISCUSSION
1. DRAFT – Food Service “Take-Out/Take Away or “Ready to Eat” Regulation.
Burton Kaplan defined “Take-Out” as food ordered ahead by phone and taken out to eat elsewhere, and “Take Away” as food leftovers wrapped and taken home after a meal in a restaurant.
Glen Harrington reported having made additional amendments to the document:
Section I, #2: Food Service Establishment, line 2, changed the word ‘offering’ to ‘providing’.
Section II, #2: needs to be reworded. Food should never be removed from temperature controls – a variance is required to do this.
Section III, #2: line 1; change the word ‘person’ to ‘establishment’
Approval of the draft will be continued to the next BOH meeting.
2. DRAFT – Food Inspection & Enforcement Regulation. Glen Harrington stated that the regulation draft will incorporate suggested further amendments for approval at the next BOH meeting.
3. DRAFT Bodyworks Regulation. This draft will be continued for approval until the next BOH meeting.
4. Refuse Container Regulation. Under Penalties Section II (1), there was a question on $100 fines per day. Glen Harrington stated that he will check to see if this is correct.
Burton Kaplan moved that the Board approve the Refuse Container Regulation, subject to confirmation of the accuracy of the Penalties Section II (1). Lucy Burton seconded the motion. All approved.
5. Landfill Update. RE: DEP re-installation of two wells that were destroyed. Glen Harrington reported that he had contacted Horsley & Witten, the engineering contractor overseeing the environmental compliance of the landfill. DEP reported that they want the northern-most well SGW 13 that had been destroyed by the composting machine, and SGW 3 well destroyed over the winter, to be replaced. Request for bids will go out to do the work. Glen Harrington stated that he will accompany the DEP on a planned site walk -through.
As there was no further business, the meeting was adjourned at 9:35 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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