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Board of Health Minutes 06/13/12
Town of Mashpee

                                                       16 Great Neck Road North
                                             Mashpee, Massachusetts 02649

BOARD OF HEALTH – PUBLIC SESSION

Minutes of the Meeting of June 13, 2012

Board Members Present:          Member Absent:             Also Present:
Lucy Burton, Chairman                    Kalliope Egloff, Clerk    Glen Harrington, Health Agent
Burton Kaplan, Co-Chairman        

Chairman Lucy Burton called the meeting to order at 7:00 PM.

APPOINTMENTS
7:15 PM Mark Jennings – I/A O & M Violation – 24 Spoondrift Way
Lucy Burton made a motion that the Board of Health continue 24 Spoondrift Way. Burton Kaplan seconded the motion. The motion was unanimously approved.

7:30 PM Virginia Lefter – Tacos, Tacos (35C South Street) – Request for 2012 Food Establishment Permit.
Virginia Lefter, Louis Lefter, and Kevin Lefter introduced themselves to the Board.

Lucy Burton commented that the application and menu have been provided.

The Lefters stated that the mop sink and chemical storage will be located in the bathroom. The public bathroom is located outside about 30 feet away. The Lefters commented that they plan to have 5 tables with 10 seats inside. The dry storage, which is paper and plastic products, will be above the bathroom on shelves.

The Lefters commented that they have a 3-bay sink with a stainless steel drying rack on the side. The Lefters stated that the lettuce comes in shredded, the cheese comes in grated, and the onions come in diced. Glen Harrington commented that there should be a dedicated and labeled sink for the washing of vegetables.

Mr. Harrington stated that some of the shelving is stainless steel. The Lefters commented that the rest of the shelving and walls will be a white clear Formica-type finish that is very easy to clean. There will not be any type of toaster or counter oven. The Lefters commented that they will install a screen door on the front door, and since this is the only door, deliveries will be made through here.

Burton Kaplan stated that once everything has been addressed, a final inspection is required by the Health Agent.

Glen Harrington commented that a building permit for the renovations will be needed along with a final floor plan. The Lefters should add the mop sink, the materials for the counters and the walls, and all other questions discussed previously on the plan. Mr. Harrington stated that all of the walls are to be washable and cleanable in the entire prep area.
Burton Kaplan made a motion that the Board of Health approve the application submitted by Tacos Tacos for full service take-out fast food at 35C South Street, South Cape Village, subject to a final inspection prior to opening and the addition of the vegetable sink, Formica on walls and shelves, a screen on the front door, the mop sink in the bathroom, and satisfactory completion of the ServSafe class. 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: May 23, 2012.
Approval of the minutes was continued to the next meeting with full Board of Health attendance.

3.   Request for Title V Variance: 18 Wilsons Grove.
Matt Costa, representing Martha Knapp of 18 Wilsons Grove, introduced himself to the Board.

Mr. Costa stated that he is requesting Local Upgrade Approval for 2 specific waivers. The first variance would be a one-foot reduction to groundwater from 5 feet to 4 feet. The second waiver would be a right side line setback waiver from 10 feet to 6 feet. This is a very small lot, and a waiver is required to the right side property line setback. It is mitigated by the installation of a poly vapor barrier. This will provide adequate protection to the property next door, and provide equivalent protection as if the full setbacks were being met.

Matt Costa commented that a certified notice was sent to the abutter at 20 Wilsons Grove. Mr. Costa submitted a copy of the letter along with the certified return receipt to the Board of Health.

Mr. Costa stated that he originally had filed with the Board anticipating working together with the neighbors to eliminate a retaining wall situation, where two retaining walls would be right next to each other. Mr. Costa commented that the neighbors have a proposed design for their septic that has not been installed.

Matt Costa stated that he informed Ms. Knapp to file with the Board of Health again, and this time notify the abutters by certified mail to protect her interest. Mr. Costa commented that there has been no change to the plan only the procedure.

Cindy Mandeville and Patricia Senville, owners of 20 Wilsons Grove, introduced themselves to the Board.

Ms. Mandeville and Ms. Senville commented that they are concerned about the flow of water onto their property once the system is installed at 18 Wilsons Grove. Ms. Mandeville and Ms. Senville stated that the installer, Don Swire, for 18 Wilsons Grove informed them that they would have a definite water situation once the system is installed. Glen Harrington commented that downspouts and gutters are to be kept away from the septic systems and provide a common catch basin in the middle to direct the water back into the ground. This will help prevent ponding in one spot which would back up into the house.

Lucy Burton commented that Matt Costa, the engineer, designed a plan with very little space to upgrade the failed system in accordance with Maximum Feasible Compliance. Ms. Burton stated that Mr. Costa is doing the best he can to design a system based on the constraints presented to him so that there will not be any issues.

Matt Costa commented that the wall is a retaining wall. This wall is lined with a poly barrier to prevent any seepage of the wastewater coming through that wall. In order to meet the requirements of Title V, the wall is being added to raise the grade in the backyard because of the shared low area. A retaining wall needs to be installed to account for the change in grade.

Mr. Costa commented that in this situation there are two designs that have been configured so that they can stand on their own. They can be done without the benefit of grading over the property line. If the two designs are constructed together, a common retaining wall area can be eliminated by grading over the property line. This would create a savings for both parties.

Glen Harrington stated that if the owners decide on a single wall, then revised plans would need to be submitted to the Board of Health with the modification.

Burton Kaplan made a motion that the Board of Health approve the request of the 2 variances on behalf of 18 Wilsons Grove, and if there is an agreement between the parties, the plan must be revised and submitted to the Board of Health to address their concerns. Lucy Burton seconded the motion. The motion was unanimously approved.

OLD BUSINESS
1.   Septic Inspection Variance Relief: 19 Uncle Henry’s Road.
Lucy Burton commented that with an addition to the deck that access could be made to the tank. Glen Harrington stated that this is an older tank where there is one center manhole and 2-5” x 9” rectangular holes for inlet and outlet. The sono tube of the deck is right next to the center manhole on the septic tank.

Mr. Harrington commented that if someone is to alter the deck, the support must be removed off the tank. Mr. Harrington stated that a carpenter can alter the deck, support the corner of the deck, dig down to the top of the tank, and relocate the sono tube. A hand drawn plan showing the deck and deck addition will be acceptable.

Lucy Burton made a motion that the Board of Health approve the variance for 19 Uncle Henry’s Road to vary the 30-year septic tank regulation with the conditions that an addition be placed on the deck to expand the deck beyond the location of the tank, to relocate the support that is currently on the tank, to determine if that support has damaged the tank, and to file a plan showing the location of the deck and the relocated support. Burton Kaplan seconded the motion. The motion was unanimously approved.

ADDITIONAL TOPICS
Lucy Burton made a motion to add the Quarterly Landfill Monitoring Report to the agenda. Burton Kaplan seconded the motion. The motion was unanimously approved.

Burton Kaplan commented that it is not necessary to approve the Report and should be forwarded to DEP. Glen Harrington stated that the report was forwarded to the Board members for any comments.

Lucy Burton made a motion that the Board of Health forward the Quarterly Landfill Monitoring Report to Mass DEP. Burton Kaplan seconded the motion. The motion was unanimously approved.

Burton Kaplan made a motion that the Board of Health adjourn the meeting of June 13, 2012. Lucy Burton seconded the motion. The motion was unanimously approved.

The public session meeting was adjourned at 7:53 PM.

Respectfully submitted,



Frances Boulos
Administrative Assistant
Board of Health

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