TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Wednesday, November 12, 2008
Board Members Present: Also Present:
Lucy 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
7:15 Cape & Islands Engineering – 45 Elizabeth Island Rd.- Septic Variance Requests
John Slavinsky, from Cape & Islands Engineering, introduced himself to the Board. Mr. Slavinsky requested BOH approval of the following:
- 310 CMR 15.405 Local Upgrade Approval/Maximum Feasible Compliance. Bottom of soil absorption system to high groundwater will be 4’ (5’ required).
- 310 CMR 15.211 Distance Variances: the soil absorption system will be 2’ to the property line (10’ required). The property line will be staked prior to soil absorption system installation.
- Approval of the singulair denite system.
Glen Harrington recommended approval of the septic upgrade plans presented by John Slavinsky for 45 Elizabeth Island Road, pending receipt of the following:
(1) An Operations & Maintenance contract to include quarterly nitrogen sampling for 2 years
(2) A remedial approval letter in compliance with the DEP, including a Barnstable County Registry of Deeds registration to show the presence of an alternative system, to be provided to the BOH prior to issuance of the Certificate of Compliance.
Burton Kaplan made a motion to approve the plans submitted by John Slavinsky for a septic upgrade at 45 Elizabeth Island Road, including the 3 variance requests listed above, pending receipt of items (1) and (2) as outlined by Glen Harrington above, the work to be completed no later than 12/15/08. Kalliope Egloff seconded the motion. All approved.
7:30 Marlene Susienka – 74 Waterway – Septic Inspection Variance
Marlene Susienka introduced herself to the Board as representing the owner of 74 Water Way. Ms. Susienka stated that the owner of the property, Louis Cistoldi, is asking for a 45 day extension to bring the septic system into compliance by redirecting the driveway. The buyer of the property, Al Clemmens, has agreed to do this as soon as he owns the property. Mr. Clemmens’ closing date on the property is 11/14/08.
Glen Harrington stated that an affidavit from the buyer, Mr. Clemmens, will be required, stating that he is responsible for providing the affidavit for the work by 11/21/08.
Burton Kaplan made a motion to approve the 45 day extension from 11/12/08 with the understanding that an affidavit from the buyer, Mr. Clemmens, is delivered to the BOH no later than 11/21/08. Kalliope Egloff seconded the motion. All approved.
NEW BUSINESS
1. Sign Warrants. Board members signed the warrants.
2. Approve Public Session Minutes of 10/22/08
The following changes were made to the 10/22/08 minutes:
- Page 1, under 7:15 Peter McEntee, paragraph 3, move (3) sentence to follow directly after the word “deeds” in sentence (2)
- Page 1, under 7:15 Peter McEntee, paragraph 4, line 3, delete the words and (3)
- Page 2, paragraph 3, move (3) sentence to follow directly after the word “deeds” in sentence (2)
- Page 2, paragraph 4, line 3, delete the words and (3)
- Page 3, under Discussion, paragraph 2, line 3, change the word incarnation to version
- Page 2, under 2. Recycling Regulation, line 6, change the word program to regulation.
- Page 4, paragraph 2, line 11, delete the sentence starting with the word recommending, and replace with the words asking the BOH to enforce the flat fee portion of the BOH regulation.
- Page 4, paragraph 4, line 2, after the word haulers, add the words by the UCRTS operators
- Page 4, paragraph 6, line 2, insert a period after the word regulation,delete the words and that it has been and insert the words Glen Harrington suggested.
It was moved, seconded and passed to approve as amended the minutes of the BOH meeting of 10/22/08.
3. Request for 2008 Retail Tobacco Permit: Tinderbox Internationale, New Ownership, James Sullivan
James Sullivan, new owner of Tinderbox Internationale, introduced himself to the Board.
Glen Harrington gave an update on the prior BOH conditions required to reopen the Tinderbox Internationale smoking room.
1 – the engineering plans have been completed and reviewed by the Building Dept.
2 - the Bldg. Dept. stated that a Building Permit was not required
3 – BOH and engineers together inspected the exhaust fan and stated the fan was working properly. A certification from the design engineer has not yet been submitted.
4 – Tinderbox and Puritan HVAC units have been cleaned. BOH has not yet received evidence from Mr. Penn (Puritan) that this has been done.
5 - Marina Brock from Barnstable County Dept. of Health and Environment, has taken baseline measurements
6 – Mr. Sullivan has arranged for a common HVAC contractor to be hired for both Puritan and Tinderbox
Kalliope Egloff made a motion to approve the application for a 2008-09 Retail Tobacco Permit for Tinderbox Internationale. Burton Kaplan seconded the motion. All approved.
4. Request for Variance from BOH Cesspool Regulation – 2 Daniels Island Rd.
Attorney Elizabeth McNichols introduced herself to the Board as representing Ronald Bloom, buyer of the property at 2 Daniels Island Road from owners Mr. & Mrs. Haydn Higgins. Ms. McNichols stated that she was requesting the following variance from the septic regulation, Part IX, Section 19, Upgrading systems consisting of one or more cesspools: to allow construction/upgrade of the cesspools after transfer of title to the buyer, Ronald Bloom. Ms. McNichols further requested a one-year extension from the date of closing to replace the septic system. Ms. McNichols stated that it made no sense for the seller to improve the septic system for a house that is going to be torn down. Ms. McNichols stated that Ronald Bloom is planning to use the proceeds from the sale of his current home to construct a new house on the
property at 2 Daniels Island Road.
Lucy Burton made a motion to approve the variance request from the cesspool regulation for 2 Daniels Island Road, with the following conditions:
(1) having an enforceable agreement for one year, with the understanding that if the septic system construction is not completed within a one-year period, the house will either be torn down or deemed uninhabitable or condemned
(2) the buyer, Mr. Bloom, placing into an escrow account 1 ½ times the cost of septic construction, the account to be held by Elizabeth McNichols.
Burton Kaplan seconded the motion. All approved.
5. Bodywork Permit Request for 2009: Jacqueline Sullivan dba Red Fern Reiki & Massage Therapy
Glen Harrington stated that there is an educational requirement for massage therapists, and he will request a transcript of Ms. Sullivan’s training credentials.
Burton Kaplan made a motion to approve Jacqueline Sullivan’s 2008/09 Bodywork Permit request, subject to compliance with the BOH Bodywork Therapy regulations, as well as BOH inspection of Ms. Sullivan’s facility. Kalliope Egloff seconded the motion. All approved.
6. FYI - BOH 2010 Budget
Glen Harrington stated that his budget for 2010 has been approved, but there are some necessary revisions to be made. Glen Harrington stated that the Town required level funded budgets. Salaries increased by $5500, but there was a reduction in the landfill contract from $18,500 to $15,550, resulting in a $3,350 deduction. Glen Harrington stated that he used the revenues as justification to cover the $5500, but is not sure how Town Administration will decide on this.
7. Vito Marotta – Mobile Food Establishment Permit Application
Vito Marotta’s application includes a copy of a 2008/09 Mobile Food Establishment permit for the Town of Falmouth. He is interested in obtaining a Mashpee permit in order to participate in scheduled holiday events at South Cape Village in November and December 2008. The Board stated that Mr. Marotta’s application is incomplete regarding information as to where the food will be prepared, and there is no signature on the application. The Board postponed approval of the application pending further information.
OLD BUSINESS
1. Flu Clinic Update. Glen Harrington reported that the flu shot clinic held at Christ the King Parish on 10/27/08 did 367 flu shots and 45 pneumonia shots. Volunteer participation was excellent – extra volunteers from the Triad were there.
DISCUSSION
1. Draft Nail Salon Regulation.
Glen Harrington stated that revisions have been made, but items still to be considered include:
- Adding a section on variances
- Home Salon wording (page 3) needs clarification
- Requirement for wearing gloves should be added to section VII under Personal Hygiene
- Extensive discussion requiring tight tank requirements
The Board reviewed and made further amendments to the Nail Salon draft. Glen Harrington stated that he will make the recommended revisions to the regulation. Once finalized, a public hearing on the regulation will be necessary, with publication of the hearing date in local newspapers and on the Mashpee website.
2. Recycling Regulation and Enforcement
Glen Harrington distributed copies of a memorandum from the Mashpee Board of Health addressed to Mashpee Permitted Refuse Haulers, dated 11/05/08. The memorandum states that in order to obtain 2009 refuse hauling permits, monthly slips of recyclable material collected during 2008 shall be submitted to the BOH by all refuse haulers applying for ’09 permits. The Board suggested underlying, for emphasis, the sentence in the memo which states: “This requirement is part of the existing recycling regulation which will now be enforced”. Glen Harrington stated that the memos will be sent out this week with permit renewals to all the Mashpee permitted refuse haulers.
3. FYI – Fee Schedule
Glen Harrington reported on his meeting with the BOS on 11/03/08 to discuss the fee schedule changes approved by the BOH at its meeting on 9/10/08. Glen stated that he explained to the BOS that the BOH had researched carefully the justification for the increase in each of twelve fees. Glen Harrington stated that he had received from the Yarmouth BOH a spreadsheet which compared the BOH fees in the towns of Mashpee, Barnstable, Bourne, and Brewster, and that this document had been very helpful in backing up the justification for the BOH-recommended fee increases.
4. Waste Haulers in Tipping Fee Arrears
Glen Harrington stated that Catherine Laurent had reported three Mashpee waste haulers in arrears for their tipping fees: Cape Waste, One Pointe, and Pina, and was asking that their permits not be renewed for 2009.
5. Mobil On-the-Run – Outdated Milk Found on Shelves
Lucy Burton reported finding outdated milk cartons on the shelves at the Mashpee Mobil-on-the-Run on Sunday, 11/02/08. Follow-up inspection the week of Nov. 2, ’08 was performed by Veronica Warden.
Next Meeting
The next two meetings of the Board were scheduled for Wednesday, Dec. 3, and Wednesday, Dec. 17, 2008. As there was no further business, the meeting was adjourned at 9:30 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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