Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of May 23, 2012
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 7:00 PM.
APPOINTMENTS
7:15 PM Peter McEntee, Engineering Works – Title V Variance – 35 Bearse Road.
Peter McEntee, representing Rita Connolly of 35 Bearse Road, introduced himself to the Board.
Mr. McEntee commented that he is requesting 3 variances. The first variance is a 4’ variance for the septic tank to the cellar wall for a 6’ setback, a 4’ variance for the SAS to the cellar wall for a 16’ setback, and a 1’ reduction to the required 5’ separation between maximum seasonal high groundwater and bottom of SAS, for a 4’ separation.
Burton Kaplan made a motion that the Board of Health approve the three variances requested on behalf of 35 Bearse Road. Kalliope Egloff seconded the motion. The motion was unanimously approved.
7:30 PM Marlene Weir – BOH Variance Request – 19 Uncle Henry’s Road.
Marlene Weir of 19 Uncle Henry’s Road is requesting to not replace the 30-year old septic tank. Ms. Weir commented that she is selling the house and not only is the cost to replace the tank more than she expected, but also the landscaping will be destroyed.
Lucy Burton stated that the regulation was changed recently, and the reasoning was for protection and safety. The old septic tanks run the risk of collapsing. Ms. Weir stated that the tank is partially under the deck, and the deck is about 15 inches off the ground.
Ms. Burton commented that expanding the deck to cover more of the tank might be an option. Glen Harrington stated that the deck can be constructed to provide access to the septic tank. However, Mr. Harrington commented that he has not been to the property to make a determination.
Burton Kaplan made a motion that the Board of Health approve the variance requested based on inspection of the property by the Health Agent who has not yet been there, his observations and final recommendations. Kalliope Egloff seconded the motion.
Burton Kaplan stated that the Board is not mandating that the deck be expanded until Glen Harrington has the opportunity to inspect the property.
Burton Kaplan made a motion that the Board of Health rescind the motion and continue the variance request for two weeks until more information is submitted to base a judgment. Kalliope Egloff seconded the motion. The motion was unanimously approved.
NEW BUSINESS
1. Sign Warrants. None.
2. Review/Approve BOH Public Session Minutes: May 9, 2012.
Kalliope Egloff made a motion that the Board of Health approve the Public Session Minutes of
May 9, 2012, as amended. Burton Kaplan seconded the motion. The motion was unanimously approved.
3. Request for Title V Variance: 18 Wilsons Grove.
The variance request was continued from the last meeting.
Glen Harrington stated that the Board of Health in 1988 approved a 3-bedroom repair for this property. Mr. Harrington commented that since this is the current permit on file, it has to be honored.
Mr. Harrington stated that the SAS was made longer to accommodate a 3-bedroom leaching, and another variance to the sideline was requested. The variance is to the sideline of the next door neighbor who is also installing a septic system. Both properties have retaining walls because the grading needed to be raised due to ground water. Rather than install retaining walls, the neighbors are trying to work together to re-grade their backyards so that the retaining walls will not be necessary.
Glen Harrington stated that the owners of the property do not need mutual easements, but they need permission because they are going up to within 10 feet of the property lines. Mr. Harrington commented that there has to be a swale in between to prevent water flowing onto the neighbor’s property, but if the neighbors agree and re-grade the property, the water flows essentially near natural and not onto each other’s property.
Burton Kaplan made a motion that the Board of Health approve the two variance requests subject to the Board of Health being provided with a copy of the agreement between the parties of #20 and #18 Wilsons Grove and a soil evaluation upon installation. Kalliope Egloff seconded the motion. The motion was unanimously approved.
4. Request for 2012 Retail Food License: White’s Pastry Shop – 439 Nathan Ellis Highway.
Glen Harrington commented that since the White’s are applying for a Retail Food License, a ServSafe Certificate is not needed.
Burton Kaplan stated that the layout of the shop indicates 4 tables and 8 seats and a coffee area. Also, a catering menu was submitted with the Food Establishment Application. Mr. Kaplan commented that he would approve the application subject to receiving more information on the tables and the catering. Lucy Burton stated that if White’s Pastry Shop is planning anything other than straight retail, then a Serv-Safe Certificate and other documentation are required.
Glen Harrington stated that the restroom is available to the general public and can be accessed from the lobby area. Mr. Harrington also commented that the White’s are currently working with the Building and Fire Departments and that an opening date is in the near future.
Burton Kaplan made a motion that the Board of Health approve the application submitted by White’s Pastry Shop subject to determining whether Serv-Safe and Allergen Awareness Certificates are necessary, whether the pastry menu as shown for Brockton and Hingham will be identical for Mashpee, whether catering is planned, and also subject to a Health Agent’s inspection. Kalliope Egloff seconded the motion. The motion was unanimously approved.
5. Request for 2012 Mobile Food License: Cape Cod Cannolis.
Glen Harrington commented that he received the Serv-Safe and Allergen Awareness Certificates for Lilly Ferriera of Cape Cod Cannolis. Mr. Harrington stated that the commissary is Ms. Ferriera’s old bakery in Wareham and does not know if the license is still valid.
Kalliope Egloff made a motion that the Board of Health approve the 2012 Mobile Food Permit for Cape Cod Cannoli’s, Lilly Ferreira, pending copy of a licensed facility to be submitted to the Mashpee Board of Health. Burton Kaplan seconded the motion. The motion was unanimously approved.
6. Request for 2012 Food Establishment, Retail, and Tobacco Licenses: The Country Store.
Glen Harrington commented that the only change made to the store was that one of the flat-top grills was removed and replaced with a wok grill. Mr. Harrington commented that there are different Hood systems for the different types of oils used.
Glen Harrington stated that The Country Store, under new management, will act as a retail general store and will continue to sell tobacco. The owners will receive all the proper signage for the tobacco permit.
Burton Kaplan made a motion that the Board of Health approve the Food Establishment Permit Application submitted by The Country Store for the Thai restaurant, including the Tobacco Sales Permit request subject to their education as far as the tobacco is concerned, and a final inspection for the food establishment. Kalliope Egloff seconded the motion. The motion was unanimously approved.
7. Request for 2012 Mobile Food License: Winterbottom Ice Cream LLC, dba Perry’s Last Stand.
Glen Harrington commented that Perry’s Last Stand is a Wareham based operation that has won the beach concessions for the town. All of the required paperwork has been submitted. The ice cream is all pre-packaged.
Kalliope Egloff made a motion that the Board of Health approve the 2012 Mobile Food Permit for Perry’s Last Stand, Martha Winterbottom, subject to a final truck inspection. Burton Kaplan seconded the motion. The motion was unanimously approved.
OLD BUSINESS
1. Lakeside Estates – Solid Waste / Recycling.
Glen Harrington stated that there is a camera at Lakeside Estates but does not know if it is operational. Mr. Harrington commented that he will need to meet with Brian Justice, the park manager.
Mr. Harrington stated that the reason for the camera is because of the complaints received on illegal dumping. It was for the protection of those living at Lakeside Estates. Mr. Harrington commented that recycling was part of the settlement agreement to provide some ability for protection.
Mr. Harrington stated that the Board of Health sent a letter to Lakeside Estates requesting the name of their trash hauler. As yet, there has been no response.
2. 51 Monahansett Road – O & M Fines.
Glen Harrington commented that Todd Palmatier from Coastal Engineering said that the Bulgers did enter into a new contract back on February 29, 2012. A letter to the Bulgers from the Board of Health was sent on February 13, 2012.
Mr. Harrington stated that the Board fined the Bulgers $300.00 for not maintaining their FAST system for the year 2011. However, the system was maintained every year except the year 2011. Mr. Bulger’s contention was that he never received any notice of non-compliance. Mr. Harrington commented that Mr. Bulger would like the Board to reconsider the fine.
Burton Kaplan made a motion that the Board of Health rescind the $300.00 fine previously levied against 51 Monahansett Road. Kalliope Egloff seconded the motion. The motion was unanimously approved.
ADDITIONAL TOPICS
None.
DISCUSSION
Cigarette Manufacturing Machines
Glen Harrington commented that he compared the Board of Health Tobacco Regulation to the template written by D.J. Wilson at the Department of Public Health. The wording is identical because the existing Board of Health regulation was fashioned from Mr. Wilson’s template.
The vending machine definition in the Board of Health regulation taken from D.J. Wilson is, “Any automated or mechanical self-service device which upon insertion of money, tokens, or any other form of payment, dispenses cigarettes, any other tobacco product or nicotine delivery product.” Glen Harrington stated that roll-your-own cigarette machines are considered vending machines. Mr. Harrington commented that once it is considered a vending machine in the definition then it is cross-referenced accordingly
Glen Harrington stated that the actual regulation will contain 2 items: the commercial roll-your-own machine definition and then the actual prohibition. Mr. Harrington commented that he will integrate this into the current regulation instead of using a stand-alone regulation.
Kalliope Egloff made a motion that the Board of Health adjourn the meeting of May 23, 2012. Burton Kaplan seconded the motion. The motion was unanimously approved.
The public session meeting was adjourned at 8:16 PM.
Respectfully submitted,
Frances Boulos
Administrative Assistant
Board of Health
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