Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of March 27, 2013
Board Members Present: Also Present:
Burton Kaplan, Chairman Glen Harrington, Health Agent
Kalliope Egloff, Co-Chairman
Lucy Burton, Clerk
Chairman Burton Kaplan called the meeting to order at 7:00 PM.
APPOINTMENTS
7:15 PM – Wayne Lopez – O & M Violation – 42 Fells Pond Road.
Glen Harrington stated that the Operation and Maintenance Contract has been received, and the property at 42 Fells Pond Road is in compliance.
7:20 PM – Nancy Noonan – O & M Violation – 50 Greensward Road.
Mr. Harrington commented that the Operation and Maintenance Contract for 50 Greensward Road has been received, and the property is now in compliance.
7:25 PM – S. Jeffrey & Teresa Battles – Kennel Violation – 20 Fern Gulley Pass.
Glen Harrington commented that in 2012 the property at 20 Fern Gulley Pass had four licensed dogs at a property that did not have a kennel license. The Mashpee Town Clerk has informed the Board of Health that one dog was registered in 2013.
Lucy Burton made a motion that the Board of Health continue discussion on the kennel violation at 20 Fern Gulley Pass to the April 10, 2013, meeting so that the Health Agent will be able to investigate the property. Kalliope Egloff seconded the motion. The motion was unanimously approved.
7:30 PM – Lynda Carroll – Food Code Violation – Upper Cape Helping Hands.
Burton Kaplan stated that the first inspection of Upper Cape Helping Hands indicated food was left on the premises when the business moved to another location. The most recent inspection revealed that the food has since been removed. Mr. Kaplan commented that with past experiences any future requests for a Food Establishment License be denied to Lynda Carroll.
Mr. Burton asked for an opinion from the other Board members on assessing a fine for the violation.
Lucy Burton and Kalliope Egloff agreed that no further permits be issued because this has been an ongoing problem, and the Board members were all in agreement that a fine should not be imposed.
7:35 PM – Meredith Nixon – Food Code Violation – The Fitness Company.
Andrew Nixon, husband of Meredith Nixon of The Fitness Company, introduced himself to the Board.
Mr. Nixon commented that they were unable to attend the meeting in November and informed Glen Harrington of the situation. The staff did receive the required certification, but the documents were not submitted to the Board of Health within the allowed timeframe.
Glen Harrington stated that the outstanding fine and fees are $300.00. The fine is $100.00, and a double fee for the late submittal of the Food Establishment Permit is $200.00 for a total of $300.00.
Andrew Nixon stated that the fine and fee of $300.00 will be paid on Thursday, March 28, 2013.
Lucy Burton commented that in the future if this problem arises again, The Fitness Company will not be allowed to serve food.
7:40 PM – One Pointe Home Curators – Solid Waste Violation.
Catherine Laurent, Director of the Mashpee Department of Public Works, informed the Board of Health that One Pointe Home Curators has paid the overdue balance and interest of $396.02. As of March 22, 2013, One Pointe Home Curators was in compliance.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Review and Approve BOH Public Session Minutes: February 13, 2013, February 27, 2013, and
March 13, 2013.
Kalliope Egloff made a motion that the Board of Health approve the Public Session Minutes of February 13, 2013, as amended. Lucy Burton seconded the motion. The motion was unanimously approved.
Kalliope Egloff made a motion that the Board of Health approve the Public Session Minutes of February 27, 2013, as amended. Lucy Burton seconded the motion. The motion was unanimously approved.
Kalliope Egloff made a motion that the Board of Health approve the Public Session Minutes of March 13, 2013, as amended. Burton Kaplan seconded the motion. The motion was unanimously approved.
3. Nomination of Inspector of Animals – Veronica Warden.
Lucy Burton made a motion to nominate Veronica Warden for the position of Animal Inspector for the period of May 1, 2013, through April 30, 2014. Kalliope Egloff seconded the motion. The motion was unanimously approved.
4. Definitive Subdivision Plan – Southworth Mashpee Properties, LLC.
Glen Harrington stated that revised plans for the subdivision for Southworth Mashpee Properties, LLC will be submitted by Matthew Eddy of Baxter-Nye Engineering. A continuance was requested to the next meeting so that the revision can be completed.
Lucy Burton made a motion to continue the application for approval of definitive plan for Southworth Mashpee Properties, LLC until the next meeting scheduled on April 10, 2013. Kalliope Egloff seconded the motion. The motion was unanimously approved.
5. Emergency Condemnation – 79 Cayuga Avenue.
Burton Kaplan stated that the emergency condemnation at 79 Cayuga Avenue will be approved retroactively.
Glen Harrington commented that the house had no heat because the boiler was found to be cracked and leaking carbon monoxide. The house was deemed uninhabitable.
Kalliope Egloff made a motion that the Board of Health affirm the condemnation of 79 Cayuga Avenue. Lucy Burton seconded the motion. The motion was unanimously approved.
OLD BUSINESS
1. Richard Kearney – O & M Violation – 429 Monomoscoy Road.
Burton Kaplan commented that the Board of Health had previously fined Richard Kearney $300.00 for failing to provide a copy of an Operation and Maintenance Contract for the property at 429 Monomoscoy Road. Glen Harrington spoke to Mr. Kearney and learned that the house had been sold due to a divorce proceeding. Mr. Kearney claims that he never received the March 6, 2013, letter requiring him to attend the Board of Health meeting. Glen Harrington suggested rescinding the fine and contacting the new owner.
Lucy Burton made a motion that the Board of Health rescind the $300.00 fine levied against Richard Kearney of 429 Monomoscoy Road with the understanding that the Board of Health will pursue the new owner so that the property will be in compliance. Kalliope Egloff seconded the motion. The motion was unanimously approved.
2. Stuart Bornstein – O & M Violation – Baypoint LLC.
Glen Harrington commented that he is not aware if a letter was submitted by Stuart Bornstein of Baypoint LLC to the Department of Environmental Protection in Boston. Mr. Harrington stated that Bennett Environmental is definitely involved with either performing an inspection and/or writing the letter to the Department of Environmental Protection. Bennett Environmental is also aware that Mr. Bornstein is under a timeframe. Evidence of the request for modification of the approval letter for the reduction in monitoring was to be provided by this meeting.
Glen Harrington stated that it is a Piloting Approval which is incredibly intensive, and monitoring is performed monthly, influent and effluent, for eighteen months. Mr. Harrington commented that the terms of the contract will be required for the monitoring. This is important because of the lack of flow on the property, and it may need to be altered to better treat the low flow. There are engineered modifications that can be made to handle the lower flow which have not been done.
Lucy Burton made a motion that the Board of Health issue a one-time $500 fine to Stuart Bornstein, Baypoint LLC, for not providing evidence of the request for modification of the approval letter to the Department of Environmental Protection in Boston. Kalliope Egloff seconded the motion. The motion was unanimously approved.
3. Steven Lewis – O & M Violation – 53 Uncle Henry’s Road.
Glen Harrington commented that evidence of the certified Board of Health letters has not been returned. Mr. Harrington does not want the Board to take any action until there is proof that the letters have been received by Steven Lewis concerning the property at 53 Uncle Henry’s Road.
Mr. Harrington stated that Steven Lewis had appeared before the Board of Health and intended to correct the situation. The Board of Health issued a one-time fine of $500 versus the option of installing a denitrification system which was originally approved. Since the property connected to town water, a denitrification system was no longer required.
Burton Kaplan continued discussion of 53 Uncle Henry’s Road until the next meeting of April 10, 2013.
4. Elizabeth St. Pierre – O & M Violation – 265 Monomoscoy Road.
Glen Harrington commented that a copy of the Operation and Maintenance Contract for 265 Monomoscoy Road was submitted today by the operator, Shawn McElroy.
ADDITIONAL TOPICS
Kalliope Egloff received her 2013 Hazardous Household Waste Collection brochure in the mail today. The Hazardous Household Waste Collection date in Mashpee will be August 17, 2013.
DISCUSSION
1. Indoor Tanning.
Burton Kaplan commented that he is not certain how realistic it is to obtain a physician’s signature on the paperwork for Indoor Tanning for minors. Mr. Kaplan feels it would be difficult to schedule an appointment with a physician to obtain a signature.
Kalliope Egloff stated that quite often she submits camp forms with a self-addressed stamped envelope to the doctor. The doctor’s office signs the forms and returns the forms in the envelope provided. Ms. Egloff does not feel it would be a problem to acquire a physician’s signature, especially for something that is preventative.
Lucy Burton stated that the Board of Health has been discussing the dangers of indoor tanning, specifically to teenagers and young adults. The Center for Disease Control has stated that those who tan under the age of 35 have a 75% higher risk of contracting melanoma. Many teens and young adults are tanning which has become a huge activity and is very dangerous. Melanoma is preventable. Ms. Burton wanted to discuss the topic and see if the Board can limit access to indoor tanning to young adults. The tanning regulation that the Town of Brewster adopted seems to be a step in the right direction. A public hearing will be required if the Town of Mashpee considers a tanning regulation.
Burton Kaplan suggested that Glen Harrington draft a tanning regulation similar to Brewster’s regulation and incorporate the suggestions by the members of the Mashpee Board of Health.
Kalliope Egloff commented that the Board of Health consider visiting neighboring town Boards of Health to open the discussion about the dangers of tanning and discuss a regional approach. Ms. Egloff felt that some of these tanning salons may be a family business and children of the family, age 14 and older, are allowed to work in the business. These children could easily succumb to peer pressure and allow their teenage friends access to indoor tanning.
2. Medical Marijuana.
Burton Kaplan read an article in the Cape Cod Times on the recreational use of medical marijuana. The article did not have much information on the medical use. The draft regulations are to be released by the State of Massachusetts on March 29, 2013.
Mr. Kaplan continued discussion on the medical marijuana regulations to the next Board of Health meeting.
NEXT MEETING
The next meeting of the Board of Health is scheduled for Wednesday, April 10, 2013, at 7:00 PM. As there was no further business, Lucy Burton made a motion to adjourn the Public Session of the Board of Health at 7:55 PM. Kalliope Egloff seconded the motion. The motion was unanimously approved.
Respectfully submitted,
Frances Boulos
Administrative Assistant
Mashpee Board of Health
Attachments
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