Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of April 11, 2012
Board Members Present: Member Absent: Also Present:
Lucy Burton, Chairman Burton Kaplan, Co-Chairman Glen Harrington, Health Agent
Kalliope Egloff, Clerk
Chairman Lucy Burton called the meeting to order at 7:05 PM.
APPOINTMENTS
7:15 PM Thomas Smith – Non-Compliance with Title V and Local BOH Regulations –
266 Monomoscoy Road.
Thomas Smith introduced himself to the Board.
Glen Harrington stated that on November 15, 2001, the Board of Health approved the Title V design plan for the new construction of a three bedroom dwelling at 266 Monomoscoy Road for Thomas Smith. An Operations and Maintenance Contract was provided to the Board of Health for the purposes of obtaining occupancy on December 31, 2002. On September 30, 2010, Clivus New England, the company that sells and services the Clivus Multrum composting toilets notified the BOH that Mr. Smith failed to maintain an
O & M contract for the composting toilet. This property was built prior to the County maintaining the Carmody database so no notices were sent to the BOH for violations of lack of O & M contracts. Since 2010, Mr. Smith has been to the office several times and was told on many occasions to obtain someone to perform the O & M. His response was always the same. Mr. Smith told Mr. Harrington that he takes care of it because it is easy to maintain.
Title V requires annual inspections due to the General Use Approval for composting toilets. No sampling is required for composting toilets, but there is a 300-gallon liquid waste tank that needs to be pumped out occasionally. There is nothing on file stating that a licensed waste hauler has been servicing the system. The local BOH regulations require an annual inspection by a septic inspector with a report to be submitted to the Board of Health. No reports have been provided to date. Mr. Harrington spoke with Clivus New England, and the only service event performed was in 2004.
Mr. Smith stated that he had Clivus New England do the maintenance on the system for a number of years, but because of the cost he took over the maintenance. Tom Smith commented that it is a simple system. It is sawdust in a plastic container that needs to be raked out, wet down, and then adds more sawdust. He adds worms and other treatments purchased from Clivus New England. Mr. Smith took over the maintenance of the system for financial reasons. Mr. Smith stated that Clivus New England taught him the maintenance of the system not realizing that the maintenance could only be performed by the company. Mr. Smith has the septic tank pumped every two years.
Clivus New England reports to the state annually in January on all of their systems. Local BOH requirements state that a septic inspector is to inspect the system annually and submit a report to the BOH in addition to a service event. A septic inspector and a Clivus inspector are to inspect the system annually.
Clivus New England had the original O & M in 2002 and had been at the property in 2004. In 2006 Clivus New England delivered soap but did not perform any service. Then in 2010 Clivus New England delivered some parts and later issued a letter to Glen Harrington stating that there was no O & M contract for the property. No servicing has been performed since 2004.
Mr. Smith has a Title V system in addition to the Clivus Multrum service. The Clivus Multrum service is just for toilets—black water. Mr. Smith has 2 Clivus Multrum systems – a small one for the 1 bathroom and a large one for the 2 bathrooms.
Lucy Burton requested that Mr. Smith submit documentation from Capewide and from Falmouth Cesspool, the two septic pumpers that Mr. Smith claimed pumped the system previously, and would also like some proof from Clivus New England. Otherwise, the Board may fine Mr. Smith the amount of the fee charged by Clivus, $250 a year, per the non-event of eight years. Ms. Burton has requested that Mr. Smith return to the next meeting on April 25, 2012, with proof from Clivus New England and also provide the pumping information. Ms. Burton stated that Mr. Smith is not allowed to perform the maintenance on the system according to state and local BOH regulations.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Review/Approve BOH Public Session Minutes: March 28, 2012.
Review of the minutes was continued to the next BOH meeting with full Board member attendance.
3. Request for 2012 Catering License: Bistro on the Go.
Ms. Peggy Eagan obtained the Boys & Girls Club as a licensed facility for her catering purposes. The Boys & Girls Club has a current 2012 Food Establishment Permit with the Board of Health.
Kalliope Egloff made a motion that the Board of Health approve the 2012 Catering Permit for Bistro on the Go. Lucy Burton seconded the motion. The motion was unanimously approved.
4. Request for Kennel License: 75 Cayuga Avenue.
Ms. Kristine Carpenter’s mother moved into the in-law apartment and wanted a dog which brought the total to four dogs. This would require a kennel permit from the Town Clerk. Ms. Veronica Warden performed a satisfactory kennel inspection. All the dogs are pets and will be spayed or neutered. The waste will be bagged into the solid waste.
Lucy Burton made a motion that the Board of Health approve the 2012 Kennel License for 75 Cayuga Avenue. Kalliope Egloff seconded the motion. The motion was unanimously approved.
5. Request for 2012 Food Service License: Panera Bread Bakery Café – 8 Steeple Street.
Paul Wisnoski, representing Panera Bread, introduced himself to the Board.
Mr. Wisnoski stated that Panera Bread was planning on opening by Memorial Day. Now, it appears the opening will be in August. It is the end of the season, but it will give them the opportunity to prepare by working through the winter for the following spring.
Paul Wisnoski commented that Panera Bread is working towards building items in halves so there would no longer be a need for knives and cutting boards on the line. Panera Bread is aiming for food safety and accuracy. Mr. Wisnoski stated that Panera is considering a rapid delivery for catering orders.
Glen Harrington stated that he had questions on the floor plan. Veronica Warden, Assistant Health Agent, labeled all the sinks on the plan. Ms. Warden also noticed that the café area does not have a wait station. The small recycling area is not large enough to service; therefore, another wait station will be required. Mr. Harrington commented that a wait station is a place for a sanitizing agent along with a central location for the employees that bus the area. Also, Mr. Harrington noted that air doors or screen doors to all the exterior outdoor service and seating areas are needed. This keeps flies and pests out.
Lucy Burton stated that any door from the kitchen area to the outside also require screen doors. Mr. Wisnoski mentioned that the windows in the four season room are operable. Glen Harrington commented that the windows will also need to be screened.
Glen Harrington counted 80 seats total for indoor and outdoor use. Mr. Harrington commented that if the plan indicates outdoor seating, then the Board’s approval will be specific for indoor and outdoor use. If Panera Bread wants to make changes to the plan, they will need to submit a new plan for approval.
Lucy Burton noticed that Panera Bread plans on obtaining a Catering License. Mr. Harrington stated that Catering is a separate license with an additional fee.
Kalliope Egloff commented that Mashpee is working towards compliance with the 1992 waste ban in Massachusetts which prohibits the disposal of some metals, some glass, and some plastic. Mr. Wisnoski stated that there will be recycling in the café. All the plastic is recyclable, and there are no bottles in the café. There are different bin containers in the receptacles. It is a separate part of the trash can receptacle. One area is for the trash that is totally separate, another is the recycling bin, and the other has an area for the sanitizer.
Kalliope Egloff made a motion that the Board of Health approve the 2012 Food Establishment Permit for Panera LLC with the following conditions:
1. An air screen or a screen door is required on all service openings to the outdoor seating area.
2. A wait station is required in the café dining area. All subject to an inspection by a Health Agent.
Lucy Burton seconded the motion. The motion was unanimously approved.
Kalliope Egloff made a motion that the Board of Health approve the 2012 Catering License for Panera LLC subject to payment of the fee and any other applicable office work. Lucy Burton seconded the motion. The motion was unanimously approved.
ADDITIONAL TOPICS
Lucy Burton made a motion to add septic tanks greater than 30 years of age to the discussion. Kalliope Egloff seconded the motion. The motion was unanimously approved.
Glen Harrington commented that a discussion with an attorney on the variance process for H-10 septic tanks greater than 30 years of age made Mr. Harrington rethink the process. In the past a concrete slab constructed by a structural engineer and placed over H-10 tanks to make them H-20 compliant was allowed. This situation occurred when removal of a tank would cause a hardship.
The cottages on Ocean Bluff Drive are being connected to the New Seabury Waste Water Treatment Plant, and the septic tanks are to be removed. In one situation, a septic tank was located under a concrete walk that covered the tank. The concrete slab was 6 inches thick and could not be broken with machines. There are retaining walls and lawn on either side prohibiting access to the tank. In this situation, Glen Harrington allowed the tank to remain since the tanks are to be abandoned.
Mr. Harrington had come across the H-10 vs. H-20 tank situation in the past, and has allowed the structural engineered covers to be placed over the tanks. If it is allowed in this area, then it should be considered for other tanks in a non-vehicle situation.
In the case of the deck over the septic tank, it refers to the condition of the variance. If any work is to be done such as obtaining a building permit, the research of the file would show that the deck is to be in place because it was a part of the condition of the variance.
Kalliope Egloff made a motion that the Board of Health adjourn the meeting. Lucy Burton seconded the motion. The motion was unanimously approved.
The public session meeting was adjourned at 8:02 PM.
Respectfully submitted,
Frances Boulos
Administrative Assistant
Board of Health
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