TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Wednesday, June 11, 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 7:02 PM.
APPOINTMENTS
7:15 PM – Peter McEntee – 19 Bowsprit Point
Peter McEntee, with Engineering Works, introduced himself to the Board. Mr. McEntee is requesting the following four variances for the purpose of a Title V Septic Upgrade at 19 Bowsprit Point:
1. A 3’ variance, SAS to side property line for a 7’ setback
2. A 4’ variance, SAS to cellar wall (bulkhead) for a 16’ setback
3. A 1’ variance to the required 5’ separation between maximum seasonal high groundwater elevation and bottom of SAS for a 4’ separation
4. A 34’ variance, SAS, to wetland resource (salt marsh) for a 66’ setback
Peter McEntee stated that the location selected was to achieve maximum feasible compliance, balanced setback to wetland resources areas, utilizing existing topography, minimizing disruption to vegetation and minimizing disruption to existing utilities.
Glen Harrington stated that he had visited the site, and was in agreement with the plan.
Burton Kaplan made a motion to grant the four variance requests submitted by Peter McEntee for 19 Bowsprit Point, with stipulation of quarterly monitoring for 2 years for denitrification and coloform. Lucy Burton seconded the motion. All approved.
7:15 PM – Peter McEntee – 20 Wilson’s Grove
Peter McEntee with Engineering Works stated that he is requesting the following two variances for the purpose of a Title V Septic Upgrade at 20 Wilson’s Grove:
1. A 1’ variance, SAS to property line (side0, for a 9’setback
2. A 1’ variance to the required 5’ separation between maximum seasonal high groundwater elevation and bottom of SAS, for a 4’ separation.
Peter McEntee stated that the location selected was to achieve maximum feasible compliance. Peter McEntee stated that the abutters have been notified. A two bedroom deed restriction will apply.
Burton Kaplan made a motion to grant the two variance requests submitted by Peter McEntee for the purpose of a Title V Septic Upgrade at 20 Wilson’s Grove, with a two-bedroom deed restriction. Lucy Burton seconded the motion. All approved.
NEW BUSINESS
1. Sign Warrants. Board members signed the warrants.
2. Approve Public Session minutes: May 14, 2008 and May 28, 2008
The following corrections were made to the May 14, 2008 minutes:
- Page 2, under 8:00 PM George Benway, lines 1 and 3, change Fenway to Benway.
- Page 2, under 8:00 PM George Benway, line 2, insert the words father of before the word buyer.
- Page 2, under 8:00 PM George Benway, line 4, add the word son after Fields’
- Page 3, under 5 – The Dog Waggin’, line 6, delete behind the cart at her home, and change the words small refrigerator to utility box
- Page 3, under 5 – The Dog Waggin’, line 7, delete the words connected at the house and insert the word refrigerator before the word grill
- Page 4, under 9. Dino’s , change the word Shower to Show in lines 1,2, and 4.
- Page 4, under OLD BUSINESS, 2. Tinder Box, line 2, change Merina to Marina
- Page 4, under OLD BUSINESS, 3. 35 Edgewater Drive, line 1, delete the words Dog Kennel
- Page 4, under OLD BUSINESS, 3. 35 Edgewater Drive, line 3, insert the words weight of the before the word soil
A motion was made, seconded and passed to approve as amended the minutes of the BOH meeting of 5/14/08.
The following corrections were made to the May 28, 2008 minutes:
- Page 1, under APPOINTMENTS, 7:00 PM, line 2, change the word smallpox to Avian flu
- Page 2, under 7:45 PM – Ron Gangemi, line 1, change the words a no show to was not in attendance, and in line 2, add the words an irrigation before the word well
- Page 4, under 2. John’s Pond Realty Trust, line 1, add 401 Rt. 151
A motion was made, seconded and passed to approve as amended the BOH minutes from the meeting of 5/28/08.
3. Request for 2008 Mobile Food Establishment Permit: My Ice Cream Lady – 135 Pond Circle – Victoria Clement
Victoria Clement introduced herself to the Board. She stated that she would be driving her ice cream truck around various locations in Mashpee, and would be at the Mashpee Community Family Event on July 1st. Glen Harrington commented that the products would be non-hazardous, straight retail. Serv Safe Certification would be a requirement.
Burton Kaplan made a motion to approve the Mobile Food Establishment Permit request for My Ice Cream Lady, pending receipt of Serv Safe Certification and BOH inspection prior to opening. Lucy Burton seconded the motion. All approved.
4. Request for BOH & Title V Septic Variances: 112 Uncle Percy’s Road – John Doyle
John Doyle introduced himself to the Board as representing the new owners of 112 Uncle Percy’s Road. Mr. Doyle stated that a recent cesspool inspection failed, and that two variances are needed because of the location and the limitations of the lot, the first being the SAS setback to the cellar wall down to 13’ from 20’ , and the second being the minimum vertical separation to groundwater from 5’ down to 4’. Mr. Doyle stated that he is introducing the Fast system in the front yard to drain to the rear.
Glen Harrington commented that ground water was found at 56”, and asked whether there was any mottling found. Mr. Doyle stated that there was none. Glen Harrington stated that he was concerned about the setback for groundwater, and wanted more time to look more closely at the area to inspect the groundwater situation. Glen Harrington stated that there would need to be a cover over the septic tank, and recommended putting in a Fast tank with a 500 gallon pump chamber to alleviate a landscaping nightmare in the front of the property.
Lucy Burton stated that the BOH would need final plans from Mr. Doyle, with a cover letter listing the variance requests. The letter should include a statement that the property is on town water, with no wells on the property.
Mr. Doyle’s request for variances will be continued to the next BOH meeting.
5. Request for Extension of Time to Comply with BOH Order: 45 Elizabeth Island Road
Glen Harrington stated that the BOH order started back in November, 2005. In the process of performing an upgrade to the septic system another cesspool was found on the property. When the cesspool was uncovered it was found to be full and was an active cesspool. The BOH wanted the owners of 45 Elizabeth Island Rd. to have the cesspool pumped and abandoned, and asked the owners to do a septic inspection to show that the cesspool was abandoned, and that the upgraded septic system could handle the flow from the cesspool. The inspection was done on Jan. 4th, 2006, and the inspection failed. Letters were sent to the owners with copies of the inspection report. Two years passed, and the BOH sent another letter dated May 16, 2008, stating that the two year period to upgrade the failed septic system had
expired on 1/04/08, and ordered the owners to install the approved septic system within 30 days of plan approval. The letter also stated that a request for a hearing on the matter would need to be in writing and received by the BOH within 7 days after receipt of the order letter. A letter dated 5/28/08 was received by the BOH from the attorney for the owners of 45 Elizabeth Island Road, stating that the order letter had been received on 5/23/08, and requested an extension of time to complete the required work. Glen Harrington stated that Peter McEntee had been asked to submit a bid for the engineering work.
Burton Kaplan made a motion that all the engineering work, the installation, and the issuance of Certificate of Compliance, be completed by the owners of 45 Elizabeth Island Road by Sept. 30, 2008. Lucy Burton seconded the motion. All approved.
6. Request for 2008 Food Establishment Permit: Mashpee Fish & Lobster – 538 Falmouth Road
Glen Harrington commented that this location was formerly an antique shop. The Septic system that was there consisted of four pre-cast leaching pits. Cape & Islands Engineering has drawn a plan for a system that will include a grease trap, a 1500 gallon septic tank with distribution box that ties into the leaching pits. The septic system will be an entire Title V upgrade. prior to opening of the shop. The shop owners are planning to do a straight retail operation at the start, but will be adding food preparation of soups, chowders, etc. The owners are asking for a full food service establishment permit and hope to open July 4, 2008. Glen Harrington stated that Serv Safe Certification, a menu, and BOH inspection would be required prior to opening.
Burton Kaplan made a motion to grant the Food Establishment Permit for Mashpee Fish and Lobster, 538 Falmouth Road, pending receipt of Serv Safe Certification, a menu, and BOH inspection prior to inspection. Lucy Burton seconded the motion. All approved.
7. Review of Food Code Violation: Ghelfi’s Candies, Operating a Temporary Food Event w/o Permit.
Glen Harrington stated that no further action on this issue was required at this time.
8. 184-186 Quinaquisset Avenue.
Glen Harrington stated that the property has had a trailer and a number of small cottages on it since 1987. The property has never formally been condemned. The BOH did go to the property in August of 2004 and sent notices condemning the property after removing a couple of occupants. Willowbend is the owner of the property. Four years have gone by and nothing has been done by Willowbend to rectify the situation with the property. Glen Harrington stated that he will continue to investigate the answer as to who is the owner of the property.
OLD BUSINESS
1. Review of Cease & Desist Order: Tinder Box Internationale
Mr. Andrew Tarabelli, licensed Construction Supervisor, introduced himself to the Board. Mr. Tarabelli stated that he had been hired by the Beigels, owners of Tinder Box Internationale, to review the exhaust problem. Mr. Tarabelli stated that back in 1998 he was the person who installed the original exhaust fan in the smoke room at Tinder Box, and that it ran for 7 years without a complaint. Mr. Tarabelli stated that Puritan has now changed their HVAC system which has put that building under negative pressure. Mr. Tarabelli stated that on both sides of the walls, there are now gaping holes. Mr. Tarabelli received a building permit from the Mashpee Building Department to rectify this problem. Mr. Tarabelli has refoamed the holes, and applied a latex sealer. Another layer will be required
in order to reestablish negative pressure. Mr. Tarabelli stated that it is not the smoke that is going through the walls, it is fumes being sucked over by the HVAC system in the Puritan Shop. In order to rectify the problem, Mr. Tarabelli needs to rip up the rugs, rip up the ceiling, and clean up the building 100%. Then he must design an exhaust system that will keep the place under negative pressure. Mr. Tarabelli needs an HVAC engineer to sign off on his proposed work, and then have one HVAC technician oversee his work.
Glen Harrington stated that the BOH needs to establish some conditions to reopen the Smoking Room. Glen stated that he is not sure HVAC will be able to handle the problem, as there are too many problems after the smoke leaves the building, i.e., atmospheric conditions which will prohibit the smoke from dissipating away from the building. Glen Harrington is recommending to the Board a complete engineering plan by a professional HVAC mechanical engineer, reviewed and approved by the Dept. of Public Health, with air quality monitoring done for the units around the Tinder Box so that if there is any exposure to hazardous fumes it can be stopped, and not have to wait 3 years to do it. We need to determine what monitoring type of equipment is to be used, and what the sampling frequency will be. Glen Harrington
stated further that because this has been going on for so long, the parties involved who are guaranteeing that the new system will work, need to agree to liability for abutting employees if some damaging exposure to second hand smoke is experienced.
John Renz, representing Mashpee Commons management, introduced himself to the Board. Mr. Renz stated that other business establishments in Mashpee Commons also have similar situations with offensive odors emanating from their establishments. He cited a Doctor’s office located directly above a Pizza parlor, which experienced offensive odors coming from the Pizza restaurant below. Mr. Renz raised the question as to who is responsible for resolving the problem: the Doctor, who could relocate, or the Pizza restaurant owner. John Renz stated that in the case of The Tinder Box, he felt the location of the exhaust system is the key issue to be resolved. John Renz also stated that the question is whether it should be considered a health issue, or just an offensive odor.
Glen Harrington and the BOH are concerned about damage from exposure to the second hand smoke that may already have been done to abutting employees. Glen Harrington stated that he needs more time to work out the wording on liability issues, on monitoring procedures, and on establishing a BOH regulation. The Board agreed to continue discussion on the issue at the next BOH meeting.
2. VCMAR Realty Trust – Industrial Tight Tank Violation – 401 Nathan Ellis Hwy
Glen Harrington stated that a letter had been received from Anthony Ross, attorney for 401 Nathan Ellis Highway, in response to a BOH compliance letter dated 5/12/08 regarding the discharge into the on-site commercial septic system from one of the tenants of 401 Nathan Ellis Hwy, Sheer Express Beauty Salon. Mr. Ross requested in his letter that the BOH grant a reasonable extension of time for compliance, to September 30, 2009.
Lucy Burton made a motion to continue the discussion until Glen Harrington has an opportunity to speak to Town Counsel to determine whether Anthony Ross has been in touch with Town Counsel. Burton Kaplan seconded the motion. All approved.
DISCUSSION
1. DRAFT Bodyworks Regulation
The following changes to the draft were made:
- Page 2, under LICENSE REQUIREMENTS AND FEE, D., lines 3 and 4, Criminal Offender Registry Information and Sex Offender Registry Information should all be capitalized.
- Page 3, under REQUIREMENTS FOR LICENSING OF AN ESTABLISHMENT:, G., line 2, delete the words Chief or Deputy Chief of the
- Page 4, under I., line 4, change the word Chief to Department.
- Page 4, under 5. EXCLUSIONS, C. ESTABLISHMENT EXCEPTIONS, line 3, change the word given to performed
- Page 4, under 5. EXCLUSIONS, 7, TREATMENT OF WOUNDS PROHIBITED, LINE 2, change the word infections to infection
- Page 5, under 8. TREATMENT OF PERSONS WITH SKIN DISEASE PROHIBITED, A., line 1, insert the word licensed before the word individual
- Page 5, under 8. TREATMENT OF PERSONS WITH SKIN DISEASE PROHIBITED, B., line 2, change the word furnished to the words has obtained
- Page 5, under 9. CLEANING OF HANDS: line 3, change the words serving a patron to treating a client.
- Page 5, under 12. CHANGE OF ADDRESS, line 4, change the word of to by
- Page 5, under 14., HEARING IN CASES OF SUSPENSION, line 1, delete the comma after the word cause
Lucy Burton made a motion to approve the Bodywork Therapies Regulation draft as amended. Burton Kaplan seconded the motion. All approved.
2. Applicants for BOH Positions
Glen Harrington announced that three individuals had applied for the available position on the Board of Health. The Board of Selectmen will be reviewing the candidates at their meeting on June 16, 2008.
3. Food Service “Take out”/Take Away or Ready-to-Eat Regulation Draft
The following changes were made to the above Regulation Draft:
- Page 2, SECTION II – Regulation: 1. line 1, change the word offers to offer
- Page 2, SECTION II – Regulation: 1, line 7, insert the words less than before 41 degrees
Glen Harrington will get comments from other Food Services facilities regarding the proposed regulation.
The next meeting of the BOH is scheduled for Wednesday, June 25, 2008. As there was no further business, the meeting was adjourned at 9:17 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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