TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of Wednesday, March 25, 2009
Board Members Present: Also Present:
Lucy Burton, Chairman Glen Harrington, Health Agent
Burton Kaplan, Co-Chairman
Kalliope Egloff, Clerk
Chairman Lucy Burton called the meeting to order at 7:05 PM.
APPOINTMENTS
7:15 PM – A-Plus Waste Removal – Refuse Violation
Glen Harrington stated that on 3/10/09, ABC Disposal Services, Inc. notified the BOH that A-Plus Waste Removal is servicing two solid waste containers as a sub-contractor to ABC Disposal Services, Inc. Neither ABC Disposal Services nor A-Plus Waste Removal has a Mashpee Board of Health-issued Waste Hauler’s license, and therefore A-Plus Waste Removal is in violation of the Mass. General Law Chapter 111 section 31A. In addition, A-Plus Waste Removal is disposing of Mashpee commercial refuse at a waste facility not approved by the Board of Health. This is in direct violation of the Mashpee BOH Refuse Regulation, which states that “All haulers licensed by the BOH in Mashpee must transport their refuse loads to the UCRTS, a BOH-approved site or other facility approved by the BOH”. Glen
Harrington stated that a letter was sent to A-Plus Waste Removal on 3/10/09 ordering them to appear before the BOH on 3/25/09 to show cause as to why they have failed to comply with the BOH Refuse Regulation and M.G.L. 111 s.31A.
Ron High from A-Plus Waste Removal introduced himself to the Board. Mr. High stated that he had been under the impression that A-Plus Removal’s BOH permit requirement was covered by ABC Disposal Services, Inc. The Board of Health received a Waste Hauler’s Permit Application and a $500 check from A-Plus Waste Removal, since their receipt of the letter from the BOH dated 3/10/09. Glen Harrington stated that in addition to the $500 check for the permit, the BOH requires a $1000 performance bond from A-Plus Waste Removal, as well as quarterly reports on the tonnage dumped at the UCRTS. Ron High stated that he does not want to have to make a special trip to the UCRTS to dump just two loads of trash, and plans to contact his attorney to clarify his licensing requirement issues. The Board gave him 30
days to comply with their current regulation.
7:30 PM – Robert Barrett – Show Cause Food Code Violation – 22 River Hill Rd.
Glen Harrington stated that in a BOH certified letter to Mr. Barrett, dated 3/11/09, Mr. Barrett was ordered to appear before the BOH on 3/25/09 to show cause as to why he had failed to submit the required application and fee for his 2009 Food Establishment Permit. Glen Harrington stated that in a phone conversation today with Mr. Barrett, he was told that Mr. Barrett’s problem was basically one of financial hardship. Mr. Barrett told Glen Harrington that he would try to come in to the BOH on 3/26/09 with the required money. The permit application and fee was due by 12/31/08. The Board agreed that if Mr. Barrett returns to the Board of Health tomorrow, 3/26/09, and is unable to pay the required permit fees, then the BOH will order Mr. Barrett to appear before the Board of Health meeting on 4/08/09 to
request a fee waiver.
7:45 PM – Peter McEntee, P.E. – 101 Shore Drive, Title V Variance Request
Peter McEntee, from Engineering Works, Inc., introduced himself to the Board, and stated that he was representing Mr. Frederick Naddaff, owner of the property at 101 Shore Drive. Peter McEntee requested the following 5 variances be considered for the purpose of a Title V Septic Upgrade at 101 Shore Drive:
1. A 4’ variance, S.A.S. to property line (side), for a 6’ setback.
2. A 4’ variance septic tank to property line (side), for a 6’ setback.
3. A 3’ variance, S.A.S. to crawl space, for a 17’ setback.
4. A 2’ variance, septic tank to crawl space, for an 8’ setback.
5. A 1’ variance to the required 5’ separation between maximum seasonal high groundwater elevation and bottom of S.A.S., for a 4’ separation.
Glen Harrington stated that he had no problems with the variance requests, and recommended approval. In response to a question about venting, Glen Harrington stated that venting could be either from the D- Box or the downstream end of the S.A.S.
Peter McEntee stated that he will address the venting issue.
Burton Kaplan made a motion to approve the above-listed 5 requested variances for a Title V Septic Upgrade at 101 Shore Drive, subject to the handling of the venting issue. Kalliope Egloff seconded the motion. All approved.
NEW BUSINESS
1. Sign Warrants. There were no warrants.
2. Approve Public Session Minutes: March 11, 2009
A motion was made, seconded and passed to approve, as corrected, the minutes from the Board of Health meeting of March 11, 2009.
3. Request for Variance: Boys & Girls Club from Recreational Camp Regulation
The Boys & Girls Club has requested variance approval from the Dept. of Public Health Regulation 105 CMR Section 430.373 which states that the operator of each recreational camp for children shall provide at least one lavatory or wash basin at an industrial-type lavatory for every 30 people, or a total of 120 people. The Boys & Girls Club will have a total of 130 campers, and has only 4 lavatory or wash basins, thus placing them over the required limit per lavatory/wash basin by 10 campers.
Glen Harrington commented that in the past there have never been any problems with over-crowding at the Boys & Girls Club summer camp, and he did not feel that just 10 campers over the limit would create a problem situation.
Burton Kaplan made a motion that the BOH approve, on a one-year basis, the Boys & Girls Club Variance Request to allow a reduced number of wash basins to serve 130 campers at their Recreational Camp, subject to the required BOH inspection. Kalliope Egloff seconded the motion. All approved.
4. Violation of Smoking Regulation: The Barn
Glen Harrington gave a history of The Barn’s BOH Smoking Regulation violations:
1. in 2000 The Barn sold to a minor and there was a BOH warning issued
2. in 2004 The Barn sold to a minor and a BOH $100 fine was issued and paid
3. in January of 2006 The Barn put tobacco products up on the counter within reach of any and all customers, and a BOH $200 fine was issued and paid
4. in July 2006 the Cape Cod Tobacco Control team went into The Barn and observed the workers smoking inside the facility and the BOH issued a $300 fine which was paid.
5. on March 11, 2009 the Cape Cod Tobacco Control team went through Mashpee with two minors and performed their compliance checks, and found The Barn to violate the requirement not to sell tobacco products to a minor.
Glen Harrington stated that the BOH can issue a fine of up to $500 for a fifth violation of the BOH Smoking Regulation. Lucy Burton commented that The Barn has flagrantly disregarded the BOH Smoking Regulation by selling to minors, and is the worst repeat offender in Mashpee of the BOH Smoking Regulation.
Lucy Burton made a motion to fine The Barn $500 for their fifth violation of the BOH Tobacco Sales Smoking Regulation, and to revoke their tobacco sales license for 30 days. Burton Kaplan seconded the motion. All approved.
5. Review and Approval of Kennel Application: 225 Ashumet Road
Glen Harrington stated that Brendan Lopes and Tiffany Mendes are in the process of building a home at 225 Ashumet Road and have submitted an application for a kennel to house six pit bulls on the property. The kennel is not yet constructed. Abutters have been notified by the applicant of the intent by Mr. Lopes and Ms. Mendes to construct a kennel for the purpose of breeding pit bulls.
Carmen Shay, abutter to the property at 225 Ashumet Road, introduced himself to the Board. Mr.Shay voiced his concern over the plan to have a kennel housing and breeding pit bulls in a residential area in close proximity to his property.
Glen Harrington explained that the BOH has jurisdiction over adequate sheltering for the animals. Because the shelter is not yet built, and is still in the initial planning stages, anything the BOH approves regarding the kennel is conditional upon getting information
regarding the construction of the shelter to ensure that there is adequate shelter and sanitation for the animals. Glen Harrington stated that under the BOH regulation, the kennel owners can breed but cannot sell to commercial vendors, which action would require a commercial kennel permit. Glen Harrington stated that the BOH regulation also covers nuisance issues, which includes barking dogs and dangerous dogs, but cannot intercede until after the violation.
Mr. Barrows, an abutter to 225 Ashumet Road, introduced himself to the Board. Mr. Barrows voiced his concern over the public safety of a pit bull kennel adjacent to his property, citing past experiences with individuals having been attacked by dogs on his property.
Glen Harrington stated that the Site Plan Review Committee would be meeting Thursday, March 26, 2009 to discuss the Kennel Application at 225 Ashumet Road, and the Mashpee Chief of Police will be present to address the abutters’ public safety concerns associated with the close proximity of a breeding kennel for pit bulls. Carmen Shay stated that he and the other abutters present at the meeting tonight plan to attend the Site Plan Review Committee meeting on Thursday, 3/26/09.
Glen Harrington gave his recommendations for the BOH to consider before any action is taken on the kennel application:
1. Additional information on the proposed kennel construction is needed re: adequate shelter and sanitary conditions.
2. There should be a concrete slab inside, and cages must be covered on the inside of the structure, and the cages on the outside must be covered and must have a chain link grade fence must be provided.
3. Alternate plans for disposing of fecal waste other than composting on the property should be considered.
4. Any conditions pertaining to the approval of the kennel should be valid only for 30 days, after which the BOH must receive a status report from the applicant to find out exactly when and if this kennel is going to materialize
Lucy Burton made a motion that the BOH continue consideration of any action on the approval of the Kennel Application at 225 Ashumet Road until the next BOH meeting, based on the lack of complete information available at this time, and that the BOH recommendations from this meeting be presented at the Site Plan Review Committee meeting on Thursday, 3/26/09. Kalliope Egloff seconded the motion. All approved.
Lucy Burton moved that the Mashpee Animal Inspectors reappointment be added to the meeting agenda. Kalliope Egloff seconded the motion. All approved.
6. Nomination of Mashpee Animal Inspectors
Lucy Burton made a motion that Ben Perry and Veronica Warden be reappointed as Mashpee Animal Inspectors for the period from 5/01/09 through 4/30/10. Burton Kaplan seconded the motion. All approved.
OLD BUSINESS
1. Mashpee Softball & Baseball
Burton Kaplan made a motion to approve the variance request submitted by Mashpee Softball and Baseball for a waiver of the 2009 Food Establishment fee. Kalliope Egloff seconded the motion. All approved.
Burton Kaplan made a motion to approve the 2009 Food Establishment Permit for Mashpee Softball and Baseball, subject to receipt of a copy of their menu, and the required BOH inspections. Kalliope Egloff seconded the motion. All approved.
2. Recycling Regulation& Enforcement
Glen Harrington distributed to the Board members copies of the latest revised draft of the BOH Recycling Regulation. The Board reviewed the draft and made additional changes to the document. A date for a Public Hearing on the proposed regulation was scheduled for May 27, 2009.
3. Draft Manufactured Housing Regulation
Discussion of the Manufactured Housing Regulation draft was continued until the next BOH meeting.
4. Review of Draft Revisions: Smoking Regulation
Discussion of the draft Smoking Regulation was continued until the next BOH meeting.
DISCUSSION
1. FYI – Quarterly Landfill Gas Monitoring Results, February 2009
Glen Harrington distributed copies of the latest DEP Quarterly Landfill Gas Monitoring Results (February 2009). The report indicates that SGW-2 and SGW-13 wells still could not be located and are assumed to have beendestroyed. Glen Harrington stated that he wants to find the construction details of the wells, and has found the details for the SGW-2, which is a 6’ soil vapor well. Glen Harrington stated that having personally built many monitoring wells, with the help of the DPW and some materials, he could rebuild the SGW-2 well. Glen Harrington stated that once he finds the specifications for SGW-13 well, which is 40’ deep, he will write a Request for Proposal to have the necessary work at that site done.
2. Inspection Reports – Food Establishments
Lucy Burton stated that she has noticed no inspection reports posted at retail food and food service establishments since this requirement went into effect with the passing of this new regulation last year. Glen Harrington stated that he will remind Veronica Warden about the requirement for posting the reports.
The next Board of Health meeting is scheduled for Wednesday, April 8, 2009. As there was no further business, the meeting was adjourned at 10:10 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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