TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of Wednesday, March 10, 2010
Board Members Present: Also Present:
Burton Kaplan, Chairman (7:25 PM) Glen Harrington, Health Agent
Kalliope Egloff, Co-Chairman
Lucy Burton, Clerk
Vice Chairman Kalliope Egloff called the meeting to order at 7:02 PM.
APPOINTMENTS
7:15 – M/M Joseph Fillo – “Show Cause” Hearing - Title V Violation – 34 Uncle Edwards Road
Glen Harrington reported BOH receipt of a letter from Mary Ellen Fillo in response to the BOH 2/16/10 “order letter” she had received. Ms. Fillo’s letter stated that the Fillos were unable to attend the 3/10/10 BOH meeting and hoped that their letter would be sufficient action to satisfy the “order letter” requirement. Ms. Fillo’s letter stated that they had been unable to rectify the outdoor shower violation because the plumber who installed the shower failed to return to complete the work. Ms. Fillo stated that she had called Arthur Joia, a plumber recommended by Veronica Warden, and that Mr. Joia met with Mr. Fillo the next day. Mr. Joia has followed up with town officials and the Fillos have retained him to install a dry well at 34 Uncle Edwards Road. Due to the
winter conditions, the Fillos are now requesting a 60-day extension of time to complete the work, stating that Mr.Joia expects to complete the work by April 15, 2010.
Lucy Burton made a motion to approve the request by the Fillos for a time extension to 5/01/10 for completion of installation of the dry well at 34 Uncle Edwards Road, with the stipulation that if the work is not completed by 5/01/10 the BOH would begin to levy fines per day as of 5/02/10. Kalliope Egloff seconded the motion. The motion was unanimously approved.
7:30 – Junichi Sawayanaga – Amended Food Permit Request – Sushi at Picnic Box
Mr. Junichi Sawayanaga introduced himself to the Board. Glen Harrington stated that Mr. Sawayanaga is now serving sushi at the Picnic Box in the evenings, but the current Picnic Box food permit does not cover food service until 10:00 PM. Glen Harrington stated that a revised food permit application has been submitted to the BOH by the Picnic Box which would approve Japanese food service from 6 AM to 10 PM, which would enable Mr. Sawayanaga to offer Japanese sushi food service at the Picnic Box until 10 PM.
Other issues included:
1) The BYOB policy offered to sushi customers. The Picnic Box owner will check with the Board of Selectmen to determine whether a license is required for restaurants that offer BYOB privileges
2) An inspection by Veronica Warden, Assistant Health Agent, discovered two critical violations: a cutting board that needs to be replaced, and the counter near the sink needs to be covered with a clean, non-porous, washable surface.
Lucy Burton made a motion to approve the amended Food Permit Request by The Picnic Box to allow Mr. Sawayanaga to offer sushi food Service until 10 PM, pending Health Agent re-inspection prior to the opening of sushi food service, and subject to replacement of the cutting board on the salad unit and the countertop repair. Kalliope Egloff seconded the motion. The motion was unanimously passed
.NEW BUSINESS
1. Sign Warrants. No warrants.
2. Approve Public Session Minutes: 1/27/10, 2/24/10, 3/02/10
Lucy Burton made a motion to approve as amended the minutes from the BOH meetings of 1/27/10 and 3/02/10. Kalliope Egloff seconded the motion. The motion was unanimously approved.
Lucy Burton made a motion to approve as amended the minutes from the BOH meeting of 2/24/10. Burton Kaplan seconded the motion. Kalliope Egloff abstained from the vote. The motion was approved by the Board.
3. Kennel Application: 29 Tri-Town Circle
Glen Harrington stated that a Kennel License Application was submitted by Sandra Cobb, of 29 Tri-Town Circle in Mashpee. Glen stated that the BOH had received calls from two abutters of the property at 29 Tri-Town Circle, one of which reported that he had no objection to the kennel. The second abutter had no objection to the kennel but was concerned about the cluttered condition of the back yard of the property.
Lucy Burton made a motion that the Board of Health approve the Kennel License Application for 29 Tri-Town Circle, pending BOH inspection of the property prior to issuance of the permit. Kalliope Egloff seconded the motion. The motion was unanimously approved.
4. Housing Violation – 14 Coombs Lane
Glen Harrington reported that a permit was not obtained within the ordered 48 hour time frame for illegal work performed on the oil furnace at 14 Coombs Lane; the smoke detectors are still not working; and the concrete floor in the main level bathroom closet has not been replaced. However, the hot water has been restored in both the main level and second floor bathrooms. Glen Harrington stated that Mr. Mark Turner, owner of the property at 14 Coombs Lane, had received a 1/21/10 certified letter from the BOH on 1/26/10 identifying the above information. Glen Harrington stated that he will ask the plumbing inspector to accompany Veronica Warden on her BOH reinspection at 14 Coombs Lane on 3/10/10 to inspect the condition of the oil furnace.
Lucy Burton made a motion that the BOH levy additional fines of $5.00 per day per each of the three above-identified violations, or a total of an additional $15.00 per day, to begin on the 5th day after 1/26/10, the date of receipt by Mr. Turner of the BOH letter. Kalliope Egloff seconded the motion. The motion was unanimously approved.
5. Expanded Bottle Bill – Governor’s Budget Recommendation FY 2011
Glen Harrington stated that he was in favor of supporting the Expanded Bottle Bill but was not comfortable with the fact that the benefits from the bill were supporting exclusively the Massachusetts Water Resources Authority (MWRA) serving the Boston area, and not the Massachusetts Wastewater Pollution Abatement Trust (MWPAT). Burton Kaplan stated that he was not in favor of the bill because of the state of the economy at the present time, and could not in good faith require consumers to pay an additional five cents when purchasing bottled water, juices, and fruit drinks. Kalliope Egloff stated that the Expanded Bottle Bill actually complements the recycling efforts, and that consumers can recoup their five cent deposits by returning the containers where they were purchased.
Lucy Burton made a motion that Glen Harrington write a letter to the Board of Selectmen stating that the BOH is in favor of supporting the Expanded Bottle Bill, with the recommendation that the benefits from the bill should include support for the MWPAT, as well as the MWRA. Kalliope Egloff seconded the motion. Burton Kaplan opposed. The motion was approved.
Lucy Burton made a motion to add to the agenda the nomination of the Town of Mashpee Inspector of Animals. Kalliope Egloff seconded the motion. The motion was unanimously approved.
6. Nomination of Inspector of Animals – 4/01/10 to 4/01/11
Lucy Burton made a motion that the Board of Health nominate Veronica Warden and Benjamin Perry to the position of Inspector of Animals for the period from April 1, 2010 to April 1, 2011. Kalliope Egloff seconded the motion. The motion was unanimously approved.
OLD BUSINESS
1. 148 Sunset Strip - Failed Septic System – Steven Doherty
Glen Harrington reviewed the background of the situation at 148 Sunset Strip, stating that Mr. Doherty, the owner of the property, had received a certified letter from the BOH on 12/01/09 granting him an extension of time until 2/15/10 for completion of design plans and installation of a new septic system at 148 Sunset Strip. The letter further informed Mr. Doherty that if the deadline was not met, fines of $250 per day would begin to accrue, starting on 2/16/10.
At the BOH meeting on 2/24/10, Glen Harrington informed the Board that Mr. Doherty had not yet paid his overdue tax bill of $7000, thus making him ineligible for participation in the County Loan program, and as a result Mr. Doherty had been unable financially to install the new septic system at 148 Sunset Strip. At the BOH 2/24/10 meeting it was agreed to continue the $250 per day fine until the required new septic system at 148 Sunset Strip was installed.
Mr. Steven Doherty, owner of the property at 148 Sunset Strip, introduced himself to the Board. Mr. Doherty stated that he had never received the original two certified letters from the BOH mailed in November ’05 and November ’08, informing him of the failed septic system, because they were sent to the wrong address. Mr. Doherty stated that he has been unemployed for the past year, and to date simply has not had the funds to replace the septic system. He further stated that he has finally been able to pay off his $7000 overdue tax bill, and has been approved for a loan through the County Loan Program in order to complete the septic repair at 148 Sunset Strip. In light of the above information, Mr. Doherty requested that the Board rescind the fines which now amount to $3,250.
The Chairman closed the meeting to public comments to allow the Board members to confer among themselves as to what action to take regarding Mr. Doherty’s request. Glen Harrington suggested that a ‘hardship factor’ could be taken into consideration. The Board also agreed that Mr. Doherty had demonstrated motivation in attempting to resolve the situation as expeditiously as possible. Lucy Burton felt that Mr. Doherty’s fines should be decreased, but that a lesser fine still would be in order.
Lucy Burton made a motion that the BOH continue to accrue the $250 per day fine until the next Board of Health meeting on Wednesday, 3/24/10. At that time, if the new septic system has been installed at 148 Sunset Strip and a Certificate of Compliance has been issued, the total amount of Mr. Doherty’s fine would be reduced to $500. Kalliope Egloff seconded the motion. The motion was unanimously approved.
2. Recycling By-Law
Glen Harrington distributed copies of the revised Recycling By-Law with the changes agreed upon at the BOH meeting on Tuesday, 3/02/10. Further changes were made to the document by the Board. Glen Harrington stated that he would prepare the final draft of the by-law on Thursday, 3/11/10 and email a copy to each Board member for their final review.
3. Lakeside Trailer Park
Glen Harrington stated that the BOH had received a letter from Ann Cropp, Manager of Lakeside Estates, dated 2/15/10, stating that Lakeside Estates had personally tested the water pressure on 2/15/10 and found it to be adequate. The letter further states that with respect to the allegations re: other previous Lakeside Estates low water pressures, Lakeside Estates continues to test water pressure on a regular basis and has not found the pressures in violation of applicable DEP regulations. The letter calls into question the validity/accuracy of the testing performed by the BOH, noting the wide discrepancies of the testing results from their own, and suggests that the measuring instruments, or the persons performing such measurements by the BOH, are producing faulty test results.
Glen Harrington stated that he needed more time to respond to the contents of the above-referenced letter from Ann Cropp. Burton Kaplan requested that Glen Harrington arrange to have someone check the measurement process being used by the BOH at the Lakeside Trailer Park to determine the water pressure for the trailers, to ensure that it is providing accurate results.
Glen Harrington stated that he would inquire of Town Counsel Patrick Costello as to whether the Lakeside Estates pre-trial hearing, scheduled for Friday, 3/05/10, had taken place.
4. Missing Landfill Wells SGW-2 and SGW-13
Burton Kaplan requested, and the Board agreed on, a deadline date of 6/30/10 to finalize the issue of the two missing landfill wells SGW-2 and SGW-13. Burton Kaplan reiterated his request that the wells should either be eliminated or put back in working order.
NEXT MEETING
The next meeting of the Board of Health was scheduled for Wednesday, March 24, 2010, at 7:00 PM in the Town Hall Conference Room 1. 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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