TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC SESSION
Mashpee Town Hall – Conference Room 3
Minutes of the Meeting of Wednesday, October 13, 2010
Board Members Present: Member Absent: Also Present:
Lucy Burton, Co-Chairman Kalliope Egloff, Chairman Glen Harrington, Health Agent
Burton Kaplan, Clerk
Co-Chairman Lucy Burton called the meeting to order at 7:07 PM.
APPOINTMENTS
7:15 Leslie Caffyn – Title V Variance - 10 Popponesset Island Road
John Slavinsky, with Cape & Island Engineering, introduced himself to the Board, stating that Leslie Caffyn was the potential buyer of the property at 10 Popponesset Island Road. John Slavinsky was requesting the following variances according to 310 CMR 15 405 Local Upgrade Approval Maximum Feasible Compliance:
1) the proposed soil absorption system will be 72’ & 101’ from the salt marsh
(50’ required)
2) the proposed soil absorption system will be 53’ & 55’ from the top of the coastal bank (50’ required)
3) the existing well will be removed and town water will be installed. The waterline will be encased.
John Slavinsky stated that a micro fast 0.9 system and a Sunray SR5 Ultra Violet Treatment system will be installed.
Burton Kaplan made a motion that the BOH approve the above-stated variance requests for 10 Popponesset Island Road, that the BOH be advised as to a legal opinion as to the right of way, that an electrical permit be shown on the plans, that the plans be stamped by an engineer or sanitarian, that an enforceable agreement be entered into prior to the closing on the property, that Feb.1, 2011 be the completion date deadline of all the required work, and that the standard O& M requirements apply. Lucy Burton seconded the motion. The motion was unanimously approved.
7:30 Cape Cod Bagel – Food Code Violation – Operating without a Temporary Food Permit
Marilyn Fox, representing Cape Cod Bagel, introduced herself to the Board. Ms. Fox stated that she was asked by Nicole Merriman of Hot Diggity two days before the “Dogs Allowed” event at the Mashpee Commons Green, to fill in for a vendor who had cancelled at the last minute. Ms. Fox stated that Nicole Merriman wanted a vendor who could offer bagels, yogurt, fruit and water as an alternative to hot dogs and hamburgers. Ms. Fox stated that she agreed to provide the food and that her daughter would volunteer to man the stand on Sunday. Ms. Fox stated further that the arrangements were all made at the last minute, and she was not reminded that she should apply for a temporary food permit for the event.
Glenn Harrington commented that he had spoken both to Ms. Fox and Ms. Nicole Merriman of Hot Diggity about the situation that occurred, and felt that it was an oversight, and that nothing had been done intentionally.
Lucy Burton stated that the Board had two options: they could say “Shame on you, don’t let it happen again” to Ms. Fox, or they could say “The BOH standard procedure in this kind of situation is to double the $50 permit fee to $100, as a fine. “
Burton Kaplan made a motion that the Board select the first option, and advise Ms. Fox not to let it happen again. Lucy Burton seconded the motion. The motion was unanimously approved.
7:45 PM Carolyn Lockwood – Show Cause Hearing – Housing - 15 Holly Farm Drive
Carolyn Lockwood, owner of the property at 15 Holly Farm Drive, introduced herself to the Board.
Glen Harrington reviewed the case, stating that on 5/21/10 he and Veronica Warden went to the house at 15 Holly Farm Drive and performed an inspection and found several violations. On 7/09/10 a re-inspection was performed and there were some items that had been corrected but there was still a list of outstanding violations. At that time, the Board gave Ms. Lockwood additional time to correct the violations still outstanding. A re-inspection was scheduled for 8/13/10 to confirm correction of all outstanding violations. Glen stated that on 8/12/10 Ms. Lockwood cancelled the 8/13/10 inspection and failed to contact the Board to schedule a re- inspection. Glen stated that in a letter to Ms. Lockwood dated 10/04/01 she was instructed to attend a “Show Cause” hearing at the Board of Health meeting
scheduled for 10/13/10, to inform the Board as to the status of the outstanding violations.
Ms. Lockwood reported on the status of the outstanding violations:
- sheet rock has been installed in the master bathroom shower, but still needs to be taped
- Sears has been called to repair the front left burner of the kitchen stove
- linoleum flooring in first floor bathroom is not yet replaced – cannot afford to have it done
- first floor bathroom shower wall missing a tile - not yet fixed
- doors and interior trim damaged by animals – she has a door in the cellar that can be used to replace the damaged door
- flies/spiders inside the dwelling; she cannot reach for medical reasons, but hopes to get her son to do this for her
- exterior wood decks covered with dog feces- decks have been cleaned, the puppy was found a good home elsewhere
- Interior rugs stained/torn – rugs have been removed; will be replaced when she can afford
Ms. Lockwood stated that she was laid off from her job but is now back to work part time and hopes by November she will be back to full time work. Ms. Lockwood stated that she fell and suffered a leg fracture that has limited her ability to do a lot of the needed repair work. Ms. Lockwood stated that her unemployment check does not cover her mortgage payments, and requested that the Board give her additional time to correct the housing violations that are still outstanding. Ms. Lockwood suggested the date of March 1, 2011 as a target completion date.
Ms. Lockwood stated that because some of the carpentry and other repair work that has been done on the dwelling was not done by licensed contractors, the USDA would not cover the costs of the repair.
Glen Harrington stated his feeling that some additional time to correct the violations was definitely warranted and he would like to see Ms. Lockwood get additional help, both labor-wise and monetary-wise. Glen recommended that Ms. Lockwood get some pricing from licensed contractors to do the bulk of the work and get a filing in to the USDA.
Lucy Burton stated her feeling that Ms. Lockwood is under an extreme amount of stress due to her current life situation and would like to see the Board assist her in working with the USDA to find a contractor to do the necessary work. Lucy Burton urged Ms. Lockwood to contact the USDA as soon as possible. Glen Harrington stated that he would re-inspect the property before the next scheduled BOH meeting on November 17th, and would schedule Ms. Lockwood to reappear at that meeting to give a progress report. The BOH will notify Ms. Lockwood of the meeting location and the time of her scheduled appearance.
8:00 – Habitat for Humanity – Well Variance – 67 Fox Hill Road
Mike Williams, Director of Construction with the Habitat for Humanity, and Keith Fernandes, Civil Engineer with J.M. O’Reilly & Associates, Inc., introduced themselves to the Board.
Keith Fernandes stated that on behalf of Habitat for Humanity of Cape Cod, he was requesting the following variances for the site & sewage disposal system design for the property at 67 Fox Hill Road:
1) Well not 150’ from Soil Absorption System on Locus – 101’ Held – 49’ variance requested
2) Well not 150’ from soil absorption system on parcel 36 – 138; Held - 12’ variance requested
3) Well not 150’ from soil absorption systemon parcel 41 – 119’ Held – 31’ variance requested
Lucy Burton made a motion that the Board of Health approve the above variance requests with the stipulation that the property connect up to town water when available by signing and recording an agreement (Form letter). The agreement shall be submitted to the BOH prior to issuance of occupancy permit. Burton Kaplan seconded the motion. The motion was unanimously approved.
NEW BUSINESS
1. Sign Warrants – No warrants.
2. Review Public Session Minutes: 9/15/10 and 9/29/10
Review of the minutes was continued to the next BOH meeting with full Board member attendance.
OLD BUSINESS
1. 142 Lovell’s Lane
Glen Harrington reported that he left a phone message at 142 Lovell’s Lane the last week in September to remind them that they still had to submit to the BOH results of samples of the well water on their property by October 1, 2010. Glen stated that he called again this evening and left a message, but he has received nothing as far as any well water sample results.
Burton Kaplan made a motion that the request be denied for modification of the BOH order to have the dwelling at 142 Lovell’s Lane connected to town water, and that the dwelling at 142 Lovell’s Lane be obliged to connect to town water. Lucy Burton seconded the motion. The motion was unanimously approved.
2. Landfill Monitoring Well Replacement
Lucy Burton stated that the town had received a proposal from Weston & Sampson to install one groundwater monitoring well to replace monitoring well W-13, and to install two landfill gas monitoring wells to replace monitoring wells SGW-2 and SGW-13, for $6,000.00. Glen Harrington stated that Weston & Sampson had received three bids for the work, and all three bids were within $100 of each other.
Burton Kaplan made a motion that the Board approve the Weston & Sampson proposal to replace the groundwater monitoring well W-13, and to install two landfill gas monitoring wells to replace monitoring wells SGW-2 and SGW-13, at the cost of $6000.00. Lucy Burton seconded the motion. The motion was unanimously approved.
3. Recycling Article
Discussion of the recycling article was continued to the next BOH meeting with full Board member attendance.
4. Sandra Stastny – Stable Permit Suspension
Glen Harrington stated that Animal Control Officer Ben Perry was still in the process of investigating the case. Lab report results on Triple E, West Nile Virus and rabies all came back negative. Glen Harrington recommended that the Board continue suspension of the stable permit to the next Board meeting.
Burton Kaplan made a motion that the Board continue the suspension of the stable permit until the next BOH meeting. Lucy Burton seconded the motion. The motion was unanimously approved.
5. Revised Tobacco Regulation
Glen Harrington stated that policy decisions on the regulation need to be made, and the Board should continue discussion of the regulation until the next meeting with full Board member attendance.
6. E-Filing Regulation
Glen Harrington stated that he still needs to talk to Tom Mayo to get his input on the regulation. The Board agreed to continue discussion of the regulation until the next meeting with full Board member attendance.
DISCUSSION
Flu Clinics.
Glen Harrington stated that anyone from ages 2 to 49 can have either a nasal mist vaccine or a flu shot. Dates for the adult clinics to be held at Christ the King Parish Center from 9 AM to 12 noon are 11/16/10 and 12/07/10. Glen stated that there is plenty of vaccine available.
- 11/01/10 from 4 to 7 PM at K.C. Coombs School
- 11/04/10 from 7 AM to 10 AM and 4 PM to 7 PM at Mashpee High School
Glen Harrington stated that flu shots will be administered for students in grades 8 through 12; the nasal mist vaccine is being reserved for use with the younger students, who have a more difficult time with the flu shots.
The next meeting of the Board of Health is scheduled for Wednesday, November 17, 2010. As there was no further business, the meeting was adjourned at 8:25 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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