TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of Wednesday, April 15, 2009
Board Members Present: Absent: Also Present:
Lucy Burton, Chairman Kalliope Egloff, Clerk Glen Harrington, Health Agent
Burton Kaplan, Co-Chairman
Chairman Lucy Burton called the meeting to order at 7:03 PM.
APPOINTMENTS
7:15 PM - Jennifer Newman – Kennel Regulation Violation
Glen Harrington stated that in a letter to Jennifer Newman from the BOH dated 3/25/09, she was informed that she had failed to pay the required fee for her kennel license at the Town Clerk’s office and was ordered to appear before the BOH to “show cause” as to why she was in violation of the Kennel Regulation. Glen Harrington reported that Mr. Chris Newman, Jennifer Newman’s husband, called the Board of Health office today to say that he would come into Town Hall today to take care of paying the required kennel license fee.
7:30 PM – Mashpee Country Store – Appeal of Retail Tobacco Violation
Mr. Mohammad Rafiq, owner of the Mashpee Country Store, introduced himself to the Board. Glen Harrington reviewed the record of prior retail tobacco violations by the Mashpee Country Store, and stated that Mr. Rafiq was appealing the fine that was issued by the Board of Health for a retail tobacco violation on June 29, 2005. Glen Harrington stated that no appeal was issued at that time, and that a fine was issued by the Board based upon a BOH inspection during which cigars were found in a container in the front display counter. Glen Harrington stated that at the time the fine was issued, his interpretation of the 940 CMR 21.00 “Sales and Distribution of Cigars in MA., section 22.096(2)(d) was that there were to be no tobacco products within reach of the public in the front display counters. Glen Harrington
stated that further research regarding the referenced law regarding sales and distribution of cigars in MA. indicated that if the cigars were locked inside the display counter, and the counter opening was turned toward the employee(s) behind the counter, it was not considered a violation.
Mr. Rafiq stated that at the time of the 6/29/05 violation, he was unaware that he could appeal the violation, but he had recently learned from the Health Office that an appeal was possible. Mr. Rafiq stated that because the front display counter was locked and the opening was turned toward the employees behind the counter, he felt that he had not been in violation of the MA. retail tobacco law, and he wanted to erase that violation from the Mashpee Country Store record.
Burton Kaplan made a motion to rescind the action taken by the Board on July 12, 2005 against the Mashpee Country Store for its first retail tobacco violation charge dated 6/29/05. Lucy Burton seconded the motion. All approved.
Lucy Burton made a motion to add The Barn to the APPOINTMENT portion of the meeting agenda. Burton Kaplan seconded the motion. All approved.
7:45 – The Barn – Request to Reduce 30-day Suspension – Mohamed Shafique
Tom Souza, attorney for Mr. Shafique, and Mr. Mohamed Shafique, manager and owner of The Barn, introduced themselves to the Board. Mr. Souza stated that the Board recently imposed a 30-day suspension on Mr. Shafique for a violation of selling tobacco products to a minor. Mr. Souza asked that the Board consider reducing the 30-day suspension to two weeks or 17 days, based upon a situation that occurred during the morning of the violation. Mr. Souza explained that while one of Mr. Shafique’s clerks, Mr. Mian, was on duty that morning, Mr. Mian’s wife, who does not speak English, called at 9:30 AM and asked him to call 911 because she was experiencing a medical emergency. Mr. Souza stated further that Mr. Mian placed a phone call to a replacement clerk to come in so he could go to the hospital,
but had to wait until the replacement clerk arrived before he could leave the store. Mr. Souza stated that Mr. Mian was obviously very upset, and was concerned about his two young children at home as well as his wife. Mr. Souza stated that in the midst of the confusion, and under great stress, Mr. Mian did not check the customer’s ID, and at 10 AM an illegal tobacco sale was made to a minor.
Lucy Burton stated that because The Barn has had a total of five retail tobacco sales violations since 2000, she was disinclined to reduce the 30-day tobacco license suspension for The Barn. The Board agreed not to alter the BOH unanimous decision made at the 3/25/09 BOH meeting to suspend The Barn’s tobacco sales license for 30 days.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Approve Public Session Minutes: March 25, 2009
The Board members made corrections to the 3/25/09 minutes. Approval of the corrected minutes was continued until the next BOH meeting with a full Board in attendance.
3. Request for Fee Waiver of Soil Evaluation Witness Fee: Habitat for Humanity Properties 38 Timberlane Drive, 67 Fox Hill Road, 19 Lakewood Drive
Burton Kaplan made a motion that the Board approve the waiver of the test hole witness fee and the permit installation fee for Habitat for Humanity Properties located at 38 Timberland Drive, 67 Fox Hill Road, and 19 Lakewood Drive. Lucy Burton seconded the motion. All approved.
Burton Kaplan made a motion to add the Wicked Restaurant to the NEW BUSINESS portion of the agenda. Lucy Burton seconded the motion. All approved.
4. Wicked Restaurant – Approval of Seasonal Outdoor Seating for 30
Glen Harrington stated that Wicked Restaurant is seeking approval of an additional 30 seats for seasonal outdoor dining. The location of the seating is to be on the existing brick patio adjacent to the main entrance to the restaurant. All tables and chairs will be outdoor-rated furniture made from powder coated steel. Each table will be covered with an umbrella. Table service will be through the restaurant’s main entrance door. The seating area will be defined by a low profile removable fence.
Glen Harrington stated that the restaurant has the septic capacity to add 30 additional seats.
Glen Harrington stated further that if the service doors are not kept shut, air door curtains will be required, and the service station must be covered with an awning or protective umbrella to cover serving utensils.
Burton Kaplan made a motion that the Board approve the proposed seasonal outdoor dining submitted by Wicked Restaurant with an additional 30 seats, with the following stipulations:
1) The service area must be covered with an awning or protective umbrella to cover serving utensils.
2) If the service doors are not kept shut, air door curtains are required.
3) When any construction on the adjacent lot begins, outdoor seating is terminated.
Lucy Burton seconded the motion. All approved.
Lucy Burton made a motion to add John’s Pond Mashpee/Cape Cod Rowing Club Walk for Breast Cancer to the NEW BUSINESS portion of the agenda. Burton Kaplan seconded the motion. All approved.
5. John’s Pond Mashpee/Cape Cod Rowing Club Walk for Breast Cancer – Application to Operate a Temporary Food Concession and Request for Fee Waiver
Glen Harrington stated that Kenneth Foster, the person in charge of the event, has a Food Establishment permit license in the town of Dennis, and is Serv Safe certified.
Lucy Burton made a motion to approve the waiver of the application fee to operate a Temporary Food Concession submitted by the Cape Cod Rowing Club Walk for Breast Cancer on May 1, 2009. Burton Kaplan seconded the motion. All approved.
Lucy Burton made a motion to approve the Temporary Food Concession application submitted by Ken Foster of the Hall Oil Company Breakaway, for May 3, 2009, with the condition of prior inspection by a Health Agent. Burton Kaplan seconded the motion. All approved.
OLD BUSINESS
1. Kennel Application: 225 Ashumet Road (cont’d from 3/25/09).
Mark Boudreau, attorney for Brendan Lopes and Tiffany Mendes, owners of the property at 225 Ashumet Road, and Tiffany Mendes, introduced themselves to the Board. Mr. Boudreau distributed to the Board a certified plot plan showing the proposed location of the kennel building, a letter from Brendan Lopes and Tiffany Mendes addressing the specifications and the dimensions of the kennel, as well as a printout of what the cages are going to look like, including the gauge of the chain link wire fence.
Glen Harrington asked Tiffany Mendes how she planned to get water out to the kennel. Tiffany Mendes stated that there would be a water line from the house that would be extended sufficiently in order to supply water to the kennel.
Lucy Burton stated that the Board now had all the information that was requested from Brendan Lopes and Tiffany Mendes regarding the proposed kennel, and would need time to review the plans and specifications presented. The Site Plan Review Committee is meeting on 4/23/09 and will be reviewing the proposed kennel application plans and specifications and the request for approval.
Carmen Shay, abutter to the property at 225 Ashumet Road, introduced himself to the Board and introduced Cheryl Marciano, who asked to speak to the Board regarding her own personal experience with a pit bull. Ms. Marciano stated that she had been attacked by a pit bull who gained entry onto her property by jumping over a 4-foot fence, had bitten her and had killed her own pet dog.
Kathleen O’Connell, a Mashpee resident, introduced herself to the Board. Ms. O’Connell stated that she was a parent of a small child, has a pet dog, and felt obliged to speak out. She voiced concern for the safety of the children who will be playing in the park within 200 feet of the 225 Ashumet Road property where the proposed kennel is to be located.
Carmen Shay reported that he was circulating a petition against the proposed kennel at 225 Ashumet Road, and provided a copy of the petition to the Board.
Lucy Burton made a motion to continue the review of the Kennel Application for 225 Ashumet Road until the next BOH meeting scheduled for Wednesday, April 29, 2009. Burton Kaplan seconded the motion. All approved.
2. A-Plus Waste Removal
Glen Harrington stated that he has heard nothing from Ron High at A-Plus Waste Removal regarding receipt of the required $1000 Performance Bond. At the 3/25/09 BOH meeting, the Board gave Mr. High 30 days to comply with the current BOH Refuse Regulation.
Burton Kaplan made a motion that if, within 30 days of 3/25/09, Mr. High has not complied in full with the Refuse Regulation, the BOH will take the following punitive action against A-Plus Waste Removal:
· Issue a $1000 fine for operating without a permit
· Issue a “Cease and Desist” order to stop operating in the Town of Mashpee until the following requirements are met: setting up an account with DEP and DPW for use of the Upper Cape Regional Transfer Station, and providing a $1000 Performance Bond to the Board of Health
Lucy Burton seconded the motion. All approved.
3. Recycling Regulation & Enforcement
Discussion of the regulation was continued until a full Board was in attendance.
4. Draft Manufactured Housing Regulation
Discussion of the regulation was continued until a full Board was in attendance.
5. Review of Draft Revisions: Smoking Regulation
Discussion of the draft revisions of the Smoking Regulation was continued until a full Board was in attendance.
6. USA Fitness – FYI
Glen Harrington reported that USA Fitness was issued a $100 fine for not paying the overdue balance of $85 for their Food Services Establishment permit fee of $100. USA Fitness sent a $15 check, but still owes $85 toward the permit fee.
DISCUSSION
No discussion.
NEXT MEETING
The next meeting of the Board of Health is scheduled for Wednesday, April 29, 2009, at 7 PM in the Selectmen’s Conference Room, Mashpee Town Hall. As there was no further business, the meeting was adjourned at 8:55 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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