Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of December 14, 2011
Board Members Present: Member Absent: Also Present:
Lucy Burton, Chairman Kalliope Egloff, Co-Chairman Glen Harrington, Health Agent
Burton Kaplan, Clerk
Chairman Lucy Burton called the meeting to order at 7:00 PM.
APPOINTMENTS
7:15 PM - Wells Fargo Bank, N.A. – Show Cause - Septic Inspection Regulation Violation:
39 Lovell’s Lane
Glen Harrington commented that the property ownership at 39 Lovell’s Lane was transferred on May 25, 2011 without a septic inspection. Wells Fargo failed to provide written notice of responsibility to the buyer. A septic inspection was only ordered due to the new owner’s request for a building permit to put up a barn. A septic inspection performed on 8/04/10 determined that a septic tank and leach pit serviced the dwelling. The septic tank is older than 30 years and has been replaced. The leach pit passed inspection. It was assumed that the property was serviced by a cesspool for the purposes of the transfer so the new owner had an engineered design plan drawn for a new septic which in the end was not needed. It is obvious that both the property owner and the bank were not properly
represented due to the local BOH regulation having been ignored. The buyer stated that she did not receive anything in writing from the bank stating her responsibility to upgrade the septic system, only that the property was sold “as-is”.
Burton Kaplan made a motion that the Board of Health fine Wells Fargo Bank $500.00 for failure to abide by the BOH septic regulations in the transfer of ownership of 39 Lovell’s Lane. Lucy Burton seconded the motion. The motion was unanimously approved.
7:30 PM – Ed Pesce – Title V Variances: 34 East Road
Mr. Pesche, of Pesce Engineering & Associates, Inc., introduced himself to the Board.
Glen Harrington commented that the property known as the Holiday House, a 6-unit apartment building located at 34 East Road, is in the process of being sold. The septic inspection indicated that the existing leach pits did not have the four-foot requirement to groundwater, so the system failed the inspection. As the proposed SAS cannot stay within the required 100-ft. setback, a Pirana denitrification system will be retrofitted into the existing septic tank. The 12 BR design flow requires an SAS of 80 ARC36 Biodiffusors (plastic chambers without stone). Ultra-violet disinfection is not required. Glen Harrington stated further that he had completed two rounds of technical review with Mr. Pesce, and all above comments were addressed.
Burton Kaplan made a motion that the Board approve the application for disposal system construction permits for 34 East Road, Mashpee. Lucy Burton seconded the motion. The motion was unanimously approved.
NEW BUSINESS
1. Sign Warrants. Board members signed the warrants.
2. Review/Approve BOH Public Session Minutes: 11/09/11
The Board members reviewed and amended the minutes of the Public Session meeting of 11/09/11. Approval of the minutes was continued to the next meeting with full BOH attendance.
3. Request for 2011/2012 Mobile Food License: Fiddlestix.
Glen Harrington stated that Ms. Heidi Pleso, owner and operator of Fiddlestix, 34 Pine Street in Sandwich, has had a trolley built and outfitted with a commercial kitchen inside. The trolley was inspected on Dec. 5, 2011 with no problems noted. The menu, Serv Safe certificates, State Hawkers & Peddlers License and allergy certificate have all been provided.
Burton Kaplan made a motion that the Board approve the 2011-2012 Mobile Food Permit request for Fiddlestix submitted by Heidi Pleso. Lucy Burton seconded the motion. The motion was unanimously approved.
4. Septic Inspection Regulation Variance/Enforceable Agreement: 6 Dean’s Hollow
Glen Harrington stated that the attorney on the case has requested a continuance on the case, as the new owners could not make the meeting tonight.
Lucy Burton made a motion that review of the 6 Dean’s Hollow case be continued to the next BOH meeting, scheduled for January 11, 2012, the review not to be extended beyond that date. Burton Kaplan seconded the motion. The motion was unanimously approved.
5. Request for 2011/2012 Food Establishment Permit: Bistro 36 (new owner)
Glen Harrington commented that Bistro 36 was sold to a new owner, and the new management is seeking a new permit for work. BOH inspection was done on 12/14/11 with one critical and four non-critical violations. ServSafe certification has been provided and the allergen class was taken but the certificate has not yet arrived. The menu has not changed except for some seasonal specials. Glen Harrington stated that the above-noted violations have been corrected.
Lucy Burton made a motion that the Board approve the 2011/2012 Food Establishment Permit for Bistro 36 under new ownership. Burton Kaplan seconded the motion. The motion was unanimously approved.
ollowHoHHo
OLD BUSINESS
1. Violation of Enforceable Agreement: 161 Water Way – Sean Rynne
Sean Rynne, owner of the property at 161 Water Way, introduced himself to the Board. Glen Harrington stated that an Enforceable Agreement was approved by the BOH on May 25, 2011 to allow the property ownership transfer to occur without upgrading the existing cesspool prior to the sale. The Enforceable Agreement granted the variance request with a date of October 3, 2011 as the deadline for completion of the upgrade of the septic system after the transfer of property ownership.
Design plans were provided to the Board of Health on 8/25/11, with provision for three bedrooms, not four, per the original design plans. A request for revisions to make the design plan for four bedrooms was made. The revised design plans were received by the Board of Health on 10/0311 and were approved the same day. The contractor, Brett Ellis of Bousefield Sanitary Service, Inc., did not complete the work until 11/09/11. The Certificate of Compliance was issued on 11/09/11.
Sean Rynne stated that he signed a contract with Brett Ellis on June 30, 2011 with the agreement that the work would be completed by the end of July 2011. Mr. Ellis had come highly recommended to Mr. Rynne by four individuals who previously had worked with him. Mr. Rynne had given Mr. Ellis money and he had started the process. Mr. Rynne, who lives in Winchester, MA., made repeated calls to Mr. Ellis over the summer, and was told each time by Brett Ellis that he would be on the property the next day. After several weeks passed, Mr. Rynne determined that nothing had been done. Mr. Rynne asked the question of the Board members, “At what point does one cut bait and start anew with a different contractor? “
Lucy Burton stated that when the Board of Health entered into the Enforceable Agreement on May 25, 2011, it was made clear to the realtor representing Mr. Rynne that no exceptions are made. The work has to be done by the date agreed upon in the Enforceable Agreement. Discussion of any reimbursement of the BOH standard $500 fine for noncompliance is now strictly between Mr. Rynne and his contractor, Brett Ellis.
Burton Kaplan made a motion that the Board fine Mr. Rynne $500.00 for failure to live up to the terms of the Enforceable Agreement agreed upon on 5/25/11. Lucy Burton seconded the motion. The motion was unanimously approved.
2. Enforceable Agreement Follow-Up: 82 Nick Trail – Paul Hanlon
Glen Harrington commented that at the last BOH meeting, the Board requested Mr. Hanlon to obtain a certification of the integrity of the existing tank. No certification has been provided to date and Mr. Hanlon said that no one would do it. Therefore, replacement of the tank will be done. No request for the repair permit has been made by an installer. An enforceable agreement was to be decided upon at the BOH meeting on 12/ 14/11.
Burton Kaplan made a motion to enter into an Enforceable Agreement for 82 Nick Trail to have Mr. Hanlon replace the existing tank within 60 days, by February 14, 2012. Lucy Burton seconded the motion. The motion was unanimously approved.
ADDITIONAL TOPICS
None.
DISCUSSION
Wind Turbines. Burton Kaplan stated that the State is backing off on the guidance of wind turbines, leaving it up to the States to determine what is to be done. Mr. Kaplan stated his hope that Mashpee is able to capitalize on other Towns’ experiences, and that we are not confronted with an application for a wind turbine before we know what to do with it. The topic of wind turbines will be included at future BOH meetings under the DISCUSSION category.
NEXT MEETING
The next meeting of the Board of Health is scheduled for Wednesday, January 11, 2012, at 7:00 PM, Conference Room 2. As there was no further business, the meeting was adjourned at 7:45 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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