TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC SESSION
Minutes from the Meeting of Wednesday, June 24, 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 7:08 PM.
APPOINTMENTS
7:15 PM Kennel Application - 225 Ashumet Road
Mark Boudreau, attorney for Brendan Lopes and Tiffany Mendes, owners of the property at 225 Ashumet Road, introduced himself to the Board. Mr. Boudreau stated that he appeared before the Site Review Committee and had an approval from the Site Plan Review Committee for this Board to consider. Mr. Boudreau stated that he has submitted all the information that the Board of Health requested, and has met with the Building Commissioner, who has no additional questions or concerns. Town Counsel requested the Board of Health impose the following two conditions:
1) Should the owner of the property fail to take occupancy of 225 Ashumet Road within 30 days from the date of Board of Health approval, the applicant shall be required to apply for and obtain a Kennel License at the current location of 587Main Street. Said permit shall be obtained within the following 30-day time frame.
2) Obedience lessons for each licensed dog shall be required during the first three months of obtaining a Kennel License. Said lessons shall take place on a weekly basis.
The Board of Health motioned to add the following two conditions:
1) All kennel gates shall be self-closing
2) Final approved plan shall be attached to the kennel permit
Attorney Rob Mills introduced himself to the Board as representing the abutters, Mr. & Mrs. Carmen Shay. Mr. Mills stated that he had no further concerns but was present merely to ensure that he would be aware of any new conditions added to the Personal Kennel Conditions document.
Mr. Boudreau stated that there were two additional amendments to the final plan that was approved. The final decision changed where the chain link fence was going to go; and also there was a requirement of a 3 ft. underground concrete footing around the kennel. Mr. Boudreau stated that the chain link fence will not extend over the edge of the concrete footing.
Lucy Burton stated that the approval process for the kennel had been a very difficult and emotional decision for all involved, and thanked all applicants for their willingness to meet all the requirements requested. Lucy Burton stated that she hoped everything goes smoothly going forward, and that there is never any issue concerning the kennel.
Burton Kaplan stated that in the absence of an ability to do otherwise, and in light of the public outcry we have seen and heard, he reluctantly moved the Board of Health approve the kennel license application submitted by Brendan Lopes and Tiffany Mendes for 225 Ashumet Road in Mashpee, with all the conditions stipulated by the Plan Review Committee and those items added at this meeting. Kalliope Egloff seconded the motion. All approved.
7:45 PM – Down Cape Engineering – 24 East Road
Arne Ojala with Down Cape Engineering, introduced himself to the Board. Mr. Ojala stated that the owner of the property at 24 East Road was requesting five variances for the repair of the failed septic system at 24 East Road.
1) 310 CMR Mashpee regulation for a 3.7-foot reduction in setback
2) a reduction setback soil sewerage absorption system to lot lines 10’ to 5’ (5’ variance)
3) septic tank to lot line variance,10’ to 4’ (6’ variance)
4) reduction in setback sewerage absorption system to foundation from 20’ to 10’ (10’ variance)
5) a variancer for the septic tank to foundation setback requirements: 10’ to 8’ (2’ variance)
Burton Kaplan made a motion that, subject to the necessary changes in the submitted plan and specifications by redrawing the leaching field to extend the short leg by 3 feet, and the associated liner, the Board approve the above variance requests for installation of the Title V septic system at 24 East Road. Kalliope Egloff seconded the motion. All approved.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Approval of BOH Public Session Minutes of 5/27/09
Burton Kaplan made a motion to approve the previously corrected minutes from the 5/27/09 BOH Public Session. Kalliope Egloff seconded the motion. All approved.
3. Approval of BOH Public Session Minutes of 6/10/09.
In addition to other corrections to the minutes, the Board requested that the title Serv Safe Certified be replaced with the title Certified Food Manager throughout the minutes. Burton Kaplan made a motion to approve as corrected the minutes from the 6/10/09 BOH Public Session. Kalliope Egloff seconded the motion. All approved.
4. Request for Temporary Food Permits & Fee Waivers: Mashpee Family Picnic
Kalliope Egloff requested that in the future, any supporting documentation should be attached to temporary food permit applications, making food permit applications a complete, stand-alone package.
Burton Kaplan made a motion to approve Thomas Poole’s temporary food concession permit application for the Mashpee Family Picnic July 1, 2009, subject to Health Agent inspection. Kalliope Egloff seconded the motion. All approved.
Burton Kaplan made a motion to approve Vito Marotta’s application to operate a temporary food concession at the Mashpee Family Picnic July 1, 2009, subject to Health Agent inspection. Kalliope Egloff seconded the motion. All approved.
Burton Kaplan made a motion to approve Doreen Cartwright’s application to operate a temporary food concession at the Mashpee Family Picnic July 1, 2009, subject to Health Agent inspection. Kalliope Egloff seconded the motion. All approved.
Burton Kaplan made a motion to approve Leisure Services application to operate a temporary food concession to serve popcorn only, at the Mashpee Family Picnic July 1, 2009, with the Health Agent inspection and the Certified Professional Food Manager requirement waived. Kalliope Egloff seconded the motion. All approved.
5. Request for Mobile Food Permit: Danielle Hill, d/b/a Dani’s Juice Bar
Burton Kaplan made a motion to approve the food establishment permit application submitted by Danielle Hill, subject to inspection of the trailer, to be located at Mashpee Commons, subject to official notification of her having passed the Professional Food Manager course. Kalliope Egloff seconded the motion. All approved.
6. Martha’s Stone Soup at the Tavern – Catering Permit – 517 Old Sandwich Rd., Plymouth, MA.
Burton Kaplan made a motion to approve the food establishment permit submitted by Martha’s Stone Soup at the Tavern subject to catering only. Kalliope Egloff seconded the motion. All approved.
7. Wampanoag Tribal Council Request for Temporary Food Permits-Mashpee Pow Wow
Burton Kaplan made a motion to approve the temporary food establishment permit submitted by Kathleen Miranda for the Mashpee Pow Wow on 7/04/09 and 7/05/09 subject to Health Agent inspection, and subject to official notification of her having passed the Professional Food Manager certification course. Kalliope Egloff seconded the motion. All approved.
8. Request for Temporary Food Permits & Fee Waivers: Mashpee Open Market, Jill Houck
Burton Kaplan made a motion to approve the temporary food permit submitted by Jill Houck to attend the Mashpee Open Market that runs on Fridays in July and August at the Mashpee Commons, for a single $50 fee, subject to Certified Professional Food Manager notification, and Health Agent inspection. Kalliope Egloff seconded the motion. All approved.
9. Roche Brothers Orvis Grand Opening – July 2, 2009
Burton Kaplan moved to approve the application submitted by Ken Foster for a temporary food concession on July 2nd, 2009 at Roche Brothers for the Orvis Grand Opening. Kalliope Egloff seconded the motion. All approved.
10. Product Sampling – Kayem Foods – July 2, 2009
Burton Kaplan made a motion to approve the application submitted by John Lundy, Roche Brothers Store Manager, to operate a temporary food concession at Roche Brothers on July 2, 2009, subject to Health Agent inspection. Kalliope Egloff seconded the motion. All approved.
11. Request for Temporary Food Permits: Night of 100 Wines (6 vendors)
Lucy Burton made a motion to deny David Mugar and/or Scot McNeil the request for a temporary food permit for the Night of 100 Wines unless and until the BOH receives from them a Professional Food Manager certificate, and pending Health Agent inspection. Kalliope Egloff seconded the motion. All approved.
Burton Kaplan made a motion to approve the application for a temporary food permit submitted by Graham Silliman for the Night of 100 Wines, subject to Health Agent inspection. Kalliope Egloff seconded the motion. All approved.
Burton Kaplan made a motion to approve the application submitted by Terry Gexler for a temporary food permit submitted by Ninety Nine Restaurant for the Night of 100 Wines on the night of June 27th, 2009, pending Health Agent inspection. Kalliope Egloff seconded the motion. All approved.
Burton Kaplan made a motion to approve the application submitted by Kevin Shackett for a temporary food permit submitted by Bobby Byrne’s Pub for the Night of 100 Wines on June 27, 2009, subject to Health Agent inspection. Kalliope Egloff seconded the motion. All approved.
Burton Kaplan made a motion to approve the application submitted by Edmund Ricardi for a temporary food permit for the Night of 100 Wines on June 27, 2009, subject to Health Agent inspection, and subject to receipt of a proper Professional Food Manager certificate. Kalliope Egloff seconded the motion. All approved.
Burton Kaplan made a motion to approve the application submitted by Edmund Ricardi for Soprano’s Restaurant for a temporary food permit for the Night of 100 Wines on June 27, 2009, subject to Health Agent inspection. Kalliope Egloff seconded the motion. All approved.
12. Waiver of Fees
Glen Harrington stated that he had heard from one or two nonprofit organizations regarding whether or not they are giving the money back to the town for temporary food vending events. Glen Harrington spoke to Terri Cook and Joyce Mason regarding the Kiwanis, who stated that the Kiwanis mission statement is to take care of children, particularly in Mashpee. The Children’s Museum also questioned the fact that the BOH is no longer waiving their fees, as they are also giving back to the children in the town. The Board members agreed that going forward the nonprofit organizations should provide a statement indicating how the requested fee waiver money will be given back to the town at the time of each request.
Lucy Burton made a motion to waive the fee for the Kiwanis Club Community Picnic for their temporary food permit. Kalliope Egloff seconded the motion. All approved.
Lucy Burton made a motion to wave the fees for the Pop Warner, the Children’s Museum, and the Mashpee Boosters Club temporary food permits. Kalliope Egloff seconded the motion. All approved.
13. Mashpee Refuse Hauling Recycling Compliance: Request for Recycling Weight Slips
Cape Waste Inc., and Allied Waste weight slip reports are acceptable. Nothing was received from Macomber.
Cavossa, Casella, Pina and Waste Management weight slip reports are useless because they do not break down the amounts delivered to each town, indicating what amounts are delivered to Mashpee. One Pointe reports for April, May and June were received, but there were discrepancies in the reports.
Glen Harrington suggested that the BOH put an announcement on the local TV channel stating that the BOH requests that customers of waste haulers to request recycling in writing to their waste hauler company. If the waste haulers refuse, the BOH will pull their permits to do business in Mashpee. A downloadable PDF form letter could be produced for use by customers by the Board of Health, accessed via the Town website.
Glen Harrington stated that he will contact One Pointe to clarify and ask that they resubmit the reports, and will contact Macomber, Cavossa, Casella, Pina and Waste Management to resubmit their reports to include information relevant to Mashpee. An email will be sent to Allied Waste and Cape Waste indicating that their reports were acceptable, and to continue to submit to the BOH each month.
OLD BUSINESS
1. Draft Manufactured Housing Regulation
Discussion of the Housing Regulation draft was continued until the next BOH meeting.
2. BOH Mission Statement.
Burton Kaplan stated that the BOH has no mission statement, and therefore questioned whether the Board has the right to go beyond state regulations to protect public health.
3. Lakeside Estates – Mr. Haney.
Glen Harrington reported that the Lakeside Estates issue is in the hands of the DEP, which has to date taken no action to correct the water problem that exists.
4. Draft Recycling Regulation
Discussion of the Recycling Regulation draft was continued until the next BOH meeting.
DISCUSSION
1. Spring 2009 Semi-Annual Environmental Monitoring Report – Asher’s Path Landfill
Glen Harrington stated that Weston & Sampson has done an excellent reporting job. Burton Kaplan noted that there are a number of issues cropping up in the report regarding the presence of manganese and zinc, and wondered whether this is something which should be of concern to the Board. Glen Harrington stated that remediation is possible, and that historical data on the presence of manganese and zinc are available back to 1998.
Burton Kaplan made a motion to accept proposal #76209.188 submitted by Weston & Sampson in the amount of $15,150.00 to provide the landfill environmental services during the fiscal year 2010. Kalliope Egloff seconded the motion. All approved.
2. Santuit Pond Report - FYI
Glen Harrington reported that the town has its own contractor who is doing nutrient studies for the pond. AECOM is the contractor and Rick York is working with them doing some of the testing because Rick York has his own mechanical scientific device out in the water that has gotten data six months prior to the town having its own study done. Dept. of Public Health contacted Glen Harrington to say that for the next 10 weeks they are going to sample for algae and do a study to figure out the toxins that may be produced from the microsystin. Vanessa Yandell from DEP also contacted Glen to say that they are also doing a study for TMDL for nutrients. Vanessa Yandell has asked that there be a meeting held with DEP because there may be some overlap between what DEP is doing for the TMDL study and what the town is doing for
their nutrient study and what DPH is doing for their algae study.
What Vanessa from DPH has asked is that there be a quick informational meeting to go over the scope of services that each of the different studies has been doing, call in some of the area and environmental groups and the Friends of Santuit Pond who are homeowners who live around the pond and have banned together, and invite them to a meeting where we can find out what information is needed, what each of the studies is going to do, and if we can share information and tasks and streamline the process as to what everyone has to do.
The meeting is scheduled for Tuesday, June 30th. Glen Harrington stated that he plans to attend the meeting.
BOARD REORGANIZATION
Lucy Burton made a motion that Burton Kaplan be appointed chairman of the Board of Health for the fiscal year 2010. Kalliope Egloff seconded the motion. All approved.
Burton Kaplan made a motion that Kalliope Egloff be appointed co-chairman of the Board of Health for the fiscal year 2010. Lucy Burton seconded the motion. All approved.
Kalliope Egloff made a motion that Lucy Burton be appointed Clerk of the Board of Health for the fiscal year 2010. Burton Kaplan seconded the motion. All approved.
The next meeting of the Board of Health is scheduled for Wednesday, July 8, 2009, at 7 PM, in Conference Room 3. As there was no further business, the meeting was adjourned at 9:45 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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