TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of Wednesday, September 10, 2008
Board Members Present: Also Present:
Lucy B. Burton, Chairman Glen Harrington, Health Agent
Burton Kaplan, Vice Chairman
Kalliope Egloff, Clerk
Chairman Lucy Burton called the meeting to order at 7:05 PM.
APPOINTMENTS
A motion was made, seconded and passed to add Jack Landers-Cauley - 129 Industrial Drive - to the meeting agenda.
1. Jack Landers-Cauley – 129 Industrial Drive – Informal Review
Jack Landers-Cauley introduced himself to the Board. He stated that four years ago he designed a site plan for a business development located at 129 Industrial Drive for Gary Tavares, the owner of the property at that time. Mr. Tavares has since sold the property and it is now owned by Frank Silva. Mr. Landers-Cauley stated that for financial reasons, Mr. Silva is considering submitting the property to condominium law. The re-designed site plan by Mr. Landers-Cauley shows six units, with each unit having a bathroom, and a wash basin.
Mr. Landers-Cauley stated that Unit 5 is currently being used for auto repairs and for that reason, it would cost Mr. Silva $60,000 to come into compliance with both Mashpee Zoning requirements and Title V septic regulation requirements. Mr. Landers-Cauley stated that unfortunately Mr. Silva is not in a position financially to afford the $60,000 this would entail.
Mr. Landers-Cauley stated that he was requesting that the Board approve his site plan for 129 Industrial Drive with the condition that Mr. Silva not be required to improve the septic system until he sells the first unit. Mr. Landers-Cauley stated that only 4 of the 6 units are currently occupied: units 1, 2, 4 and 5. Unit 3 is rented but is not currently being used, and unit 6 is vacant. The owner of unit 1 has three employees as well as himself; unit 2 is being used by Mr. Silva, with 6 employees; unit 3 is rented but is not being used; unit 4 has an owner plus 2 employees; unit 5 will have 1 employee. Mr. Landers-Cauley stated that Mr. Silva has agreed not to lease any of the other units until the septic system is upgraded.
Glen Harrington stated that according to Title V, the proposed plan represents an increase in flow from the existing system that was there, and therefore Mr. Silva would have to show that it is not an increase in flow by stating what the existing water usage is, and request a variance through the water usage. Otherwise, it would have to be considered an increase in flow. The Board would either have to not consider it an increase in flow and approve the plan with some restrictions for the use within the existing septic system, or go by the straight Title V regulation and consider it an increase in use which would mean the septic system would have to be upgraded first.
Glen Harrington added that Mr. Silva needs to place the dumpster on the site on a concrete pad, and enclose it with a fence, in accord with the new BOH regulation. As tonight’s discussion was an informal review of the site plan, no Board action was taken at this time.
NEW BUSINESS
1. Sign Warrants. Board members signed the warrants.
2. Approve BOH Public Session and Executive Session Minutes of 8/27/08.
Lucy Burton stated that the Executive Session minutes would not be approved until after any potential for litigation has passed. Amendments to the minutes were noted. Revised copies of the Executive Session minutes will be provided to the Board members for their review.
The following corrections were made to the 8/27/08 BOH Public Session minutes:
1) Page 1, under APPOINTMENTS, 7:15 PM – Diep N. Le – Classy Nails, first paragraph, line 5, delete the word coffee, and insert the words He further stated that before the word the
2) Page 1, under APPOINTMENTS, 7:15 PM – Diep N. Le, Classy Nails, second paragraph, line 5, insert the word now before the word have
3) Page 1, under APPOINTMENTS, 7:15 PM – Diep N. Le, Classy Nails, third paragraph, line 2, change the word soaked to placed
4) Page 1, under APPOINTMENTS, 7:15 PM – Diep N. Le, Classy Nails, fourth paragraph, line 2, insert the words not move the individual, and should before the word contact
5) Page 1, under APPOINTMENTS, 7:15 PM – Diep N. Le, Classy Nails, fifth paragraph, line four, put a period after the word salons and delete the word and and insert the words Kalliope Egloff said the Board before the word would
6) Page 2, under 7:45 PM – bluewater –Show Cause, second paragraph, line 4, add the words since the septic had already been corrected after the word but
7) Page 2, under 7:45 PM – bluewater – Show Cause, second paragraph, add the final sentence The Board took no action against bluewater at this time.
8) Page 3, first paragraph 1, line 4, change the word by to after
9) Page 3, under OLD BUSINESS, 1. Willowbend, correct the spelling of Quinnaquisset to Quinaquisset
10) Page 3, under DISCUSSION, 1. 2008 Fee Schedule, line 5, change the word total to approximate
11) Page 3, under DISCUSSION, 3. Conflict of Interest Law Review, line 4, change Mass.Gov to www.Mass.Gov.
12. Page 3, move paragraphs 7 and 8 to the beginning of the BOH 8/27/08 Executive Session minutes.
A motion was made, seconded and passed to approve as amended the BOH Public Session minutes of 8/27/08.
4. Request for Extension of Time to Comply with BOH Orders: Tinder Box Internationale
Glen Harrington reported receipt of a letter dated 8/21/08 from Natalie Beigel, owner of Tinder Box Internationale, requesting an extension of time to complete the installation of a new exhaust system at Tinder Box, as they are waiting for shipment of the blower part of the new system. Glen Harrington stated that the letter dated 07/09/08 from the BOH to Tinder Box indicated that they had 30 days to comply with all conditions outlined in the letter, and if they did not comply, they would not be permitted to reopen the Smoke Room until all conditions were met. Glen Harrington stated that the Building Department needs to check on plans to ensure they are complying with building code.
Kalliope Egloff made a motion to grant the request from Natalie Beigel for an extension of time to 9/30/08 to complete the installation of the new exhaust system at Tinder Box Internationale. Burton Kaplan seconded the motion. All approved.
5. Request for Temporary Food Permit: Vito Marotta for the Oktoberfest, 10/11/08.
Glen Harrington stated that Vito Marotta has been an Oktoberfest participant for a long time, and that he had no problems with this request.
Burton Kaplan made a motion to approve the application for a Temporary Food Permit from Vito Marotta for the Oktoberfest on 10/11/08, subject to BOH inspection prior to the event. Kalliope Egloff seconded the motion. All approved.
OLD BUSINESS
1. Pelley – 171 Falmouth-Sandwich Road
Lucy Burton stated that a report had come into the BOH from the owner of a reportedly sick dog sold to them by the Pelleys. Glen Harrington stated that Veronica Warden spoke yesterday to the owners who said that they had gone to Woonsocket, RI to buy the puppy from the Pelleys, who have relocated to RI. When the dog became sick, the owners looked up the Pelleys on the internet and found a history of complaints on the Pelleys, and notified the Mashpee BOH. Lucy Burton stated that although the Pelleys are no longer residents of Mashpee, this latest complaint represents a continuation of the pattern of complaints filed against the Pelleys. The BOH notified the Woonsocket Animal Control regarding the history of the Pelleys. Glen Harrington said that he would red-flag the property at 171 Falmouth-Sandwich Road to watch for
signs of any activity there. Lucy Burton stated that the BOH should leave the file open on the Pelley case. Glen Harrington agreed to follow up on enforcement of BOH orders to the Pelleys as contained in the 7/31/08 BOH letter to the Pelleys, received on 8/12/08. The order letter stated that the Pelleys had 30 days from the date of receipt of the letter to meet all conditions outlined in the letter.
2. Map 1090, Parcel 13 & 16, 318 Redbrook Road
Glen Harrington stated that in a letter from Charlene Antrim with Cape & Islands Engineering, the above-referenced lot was issued an Order of Conditions on 11/16/05 from the Conservation Commission and a superseding Order of Conditions issued from DEP on 12/13/06. The abutting Neighbor, Thomas Quinn, has appealed both Orders. The appeal process to the superseding Order of Conditions was resolved, and Cape & Islands Engineering is requesting a one-year extension on the septic permit.
The Board members inquired as to why there was a need for an extension. Glen Harrington agreed to contact Charlene Antrim to get further details on the reason for the request for a one-year extension on the septic permit and will report back to the BOH.
DISCUSSION
1. The Quashnet School Wellness Fair – Thursday, Sept. 11, 2008.
Glen Harrington and Lucy Burton stated that in past years they have always represented the BOH at the Wellness Fair, but this year they both have conflicts and cannot attend.
2. 2008 BOH Fee Schedule
Glen Harrington distributed copies of the proposed 2008 BOH Fee Schedule to the Board members in advance of the meeting, along with his recommended adjustments, for their review and consideration. Each of the fees on the schedule was discussed by the Board, with recommendations made for adjustments where it was deemed appropriate.
Lucy Burton made a motion to approve as amended the 2008 BOH Fee Schedule. Burton Kaplan seconded the motion. All approved.
3. Draft Nail Salon Regulation
The Board members agreed to continue discussion on the nail salon regulation, citing the need for more time for additional research on the topic. Glen Harrington provided his comments on the regulation to the Board members.
4. Recycling Regulation and Enforcement
Glen Harrington stated that he and Lucy Burton were asked by Don Myers to attend an Environmental Oversight Committee meeting in October ’08. Glen Harrington said that Don Myers asked about the enforcement of the recycling regulation by the haulers. Glen Harrington stated that the BOH is not being notified that the haulers are not providing the recycling service, and he needs to get specific information on these violations in order to enforce the requirement for recycling. Glen Harrington stated, however, that he is informed about the solid waste issues regarding the waste that is not going to the Upper Cape Transfer Station by Mashpee-licensed waste haulers.
Glen Harrington stated that he had met with the Recycling Committee, and will provide the Board members with a summary of his comments and recommendations from that meeting along with a draft of a revised recycling regulation. Glen further stated that the BOH recycling regulation needs to be updated before his and Lucy Burton’s meeting with the Environmental Oversight Committee meeting in October, because currently it does not include all the recyclable plastics, numbers one through seven, as well as a complete list of the banned materials. Lucy Burton stated that she and Glen Harrington will need to know the position of the BOH on enforcing the regulation when they attend the October meeting, and said that there has been talk about Mashpee adopting a policy of mandatory recycling.
5. FYI – Scanning of BOH Plans & Electronic Filing of Septic & Architectural Plans
Glen Harrington stated that a part-time clerk is working in the GIS Department, using some of the Title V funds, because the clerk was going to be let go, and all the scanning was going to come to a halt. The clerk had made it through all the architectural plans through A & B, which reduced the required BOH cabinet space by 35%. Kalliope Egloff stated that she would provide Glen Harrington with information on grant money available from CPA for historical scanning.
6. FYI – South Cape Resort Septic System Fails
Glen Harrington reported that South Cape Resort has had three septic system fails. The property ownership transferred, and the new owner has been notified via a 600 gallon per day violation letter, also advising that DEP is going to take over their entire enforcement because they are over 10,000 gallons per day.
As there was no further business, the meeting was adjourned at 9:55 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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