Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of November 28, 2012
Board Members Present: Member Absent Also Present:
Burton Kaplan, Chairman Lucy Burton, Clerk Glen Harrington, Health Agent
Kalliope Egloff, Co-Chairman
Chairman Burton Kaplan called the meeting to order at 7:00 PM.
APPOINTMENTS
7:15 PM – Brian Baumgaertel – Presentation on I/A Systems.
Brian Baumgaertel, of the Barnstable County Department of Health and Environment, introduced himself to the Board and provided a thorough update on the Innovative/Alternative Septic Systems in Mashpee. Mr. Baumgaertel provided charts and handouts to the Board and to Mr. Harrington and discussed the performance of the different types of Innovative/Alternative septic systems.
7:45 PM – Steven Lewis and Gina Rossetti – I/A Violation – 53 Uncle Henry’s Road.
Steven Lewis, owner of 53 Uncle Henry’s Road, introduced himself to the Board.
Mr. Lewis stated that he has not maintained an Operation & Maintenance Contract for testing of the FAST system. Due to a financial hardship, Mr. Lewis was planning to sell the house and had forgotten all about the testing. The house is used seasonally with no guests.
Glen Harrington commented that this is the first notice that Steven Lewis received. Barnstable County Health did not notify Mr. Lewis to have the system tested. Steven Lewis does not have a signed Operation and Maintenance Contract.
Burton Kaplan stated that 30 days from today Mr. Lewis is to have an O & M Contract in place with the necessary testing and a copy must be submitted to the Board of Health Office.
Kalliope Egloff made a motion that within 30 days of receipt of the decision letter, an executed Operation & Maintenance Contract shall be provided to the Board of Health. The O & M Contract shall include quarterly testing for 2 years (8 samplings), an annual field test, and an initial test for Total Nitrogen for the Innovative/Alternative septic system violation at 53 Uncle Henry’s Road. Burton Kaplan seconded the motion. The motion was unanimously approved.
8:00 PM – Thalia Logan – Title V Variance – 73 Highwood Way.
Thalia Logan, broker and wife of the purchaser, George Logan for 73 Highwood Way, introduced herself to the Board.
Mrs. Logan stated that since the system is in failure and needs to be replaced, they would like to upgrade the septic system to allow 4 or 5 bedrooms. Mrs. Logan met with the engineer, Peter McEntee, to determine the location of the new septic system and to upgrade to an H-20 septic tank for the purpose of relocating the driveway to a circular driveway.
Glen Harrington commented that the signed Enforceable Agreement is required, the engineering is to be completed, and the system is to be installed with the Certificate of Compliance issued within 60 days from the closing date.
Kalliope Egloff made a motion that the Board of Health approve the Title V Variance request at 73 Highwood Way with the following conditions to be provided within 60 days of the closing date:
1. Engineering to be completed.
2. The signed Enforceable Agreement.
3. The system to be designed.
4. The Certificate of Compliance to be issued.
Burton Kaplan seconded the motion. The motion was unanimously approved.
8:15 PM – Meredith Nixon – Mass Food Code Violation – The Fitness Company.
Burton Kaplan stated that a request for continuance was requested by the Fitness Company at the last meeting. Tonight there are no representatives present to discuss the subject.
Glen Harrington commented that the Fitness Company changed their menu in 2012 to prepare and serve food, and none of the employees have an Allergen Awareness Certificate. The Fitness Company submitted their Food Establishment Permit renewal application and paid the renewal fee for the year 2012, but they are still operating without a permit because the application is considered incomplete without the submittal of an Allergen Awareness Certificate.
Mr. Harrington stated that in the past the Board has issued double fees for after-the-fact filing. As yet, The Fitness Company has not provided their Allergen Awareness Certificate for their 2012 Food Establishment Permit.
Kalliope Egloff commented that the Fitness Company should be issued a fine, and they should have had their 2012 permit along with their Allergen Awareness Certificate on file with the Board of Health.
Kalliope Egloff made a motion that the Board of Health fine The Fitness Company $100 and that they provide their Allergen Awareness Certificate within 7 days of receipt of the decision letter for the Food Code Violation. Burton Kaplan seconded the motion. The motion was unanimously approved.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrant.
2. Review/Approve BOH Public Session Minutes: November 14, 2012.
Kalliope Egloff made a motion that the Board of Health approve the amended Public Session Minutes of November 14, 2012. Burton Kaplan seconded the motion. The motion was unanimously approved.
3. Request for 2013 Food Establishment License: The Lanes – 9 Greene Street (Bobby Byrne).
Burton Kaplan commented that The Lanes is a bowling alley under construction in Mashpee Commons. The Lanes with approximately 165 seats has requested a Food Establishment Permit and will be operating with approximately 25 employees. The hours of operation will be from 11 AM until 1 AM every day.
Glen Harrington stated that the Plan Review Process is complete, comments have been made and corrected, and the ServSafe and Allergen Awareness Certificates have been provided. As yet, the menu has not been submitted. The projected opening date is expected to be January 2013.
Kalliope Egloff made a motion that the Board of Health approve the Food Establishment Permit for Skittles, Inc., dba The Lanes, pending submittal of the menu, a final inspection, and the Food Establishment Permit application fee. Burton Kaplan seconded the motion. The motion was unanimously approved.
ADDITIONAL TOPICS
1. Glen Harrington stated that at the last meeting an inquiry took place regarding the fine issued by DEP to MEZ Realty. The penalty of $6,000 was paid by MEZ Realty.
2. Glen Harrington commented that he researched the 21-D Criminal Tickets and whether the court retains the money. Mr. Harrington spoke to Detective Paul Bryant, and Detective Bryant stated that the Magistrate typically returns the money to the Town. Depending on the amount of research involved, the Court does have the right to retain the money.
Kalliope Egloff made a motion that the Board of Health adjourn the meeting of November 28, 2012. Burton Kaplan seconded the motion. The motion was unanimously approved.
NEXT MEETING
The next meeting of the Board of Health is scheduled for Wednesday, December 19, 2012, at 7:00 PM. As there was no further business, the meeting was adjourned at 8:22 PM.
Respectfully submitted,
Frances Boulos
Administrative Assistant
Mashpee Board of Health
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