Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of April 10, 2013
Board Members Present: Also Present:
Burton Kaplan, Chairman Glen Harrington, Health Agent
Kalliope Egloff, Co-Chair
Lucy Burton, Clerk
Chairman Burton Kaplan called the meeting to order at 7:00 PM.
APPOINTMENTS
7:15 PM – Donald Sloan/David Chase – Enforceable Agreement Violation – 84 Captains Row.
David Chase, owner of 84 Captains Row, introduced himself to the Board.
Mr. Chase commented that Donald Sloan is his brother-in-law and the house was to be purchased by both parties. As it turned out, David Chase and his wife Cheryl are the legal owners of the home at 84 Captains Row.
Cape and Islands Engineering engineered the plans, and Manuel Cabral of Ron’s Excavating was hired to install the septic system. Mr. Chase realized that the system was to be installed by the end of February, but due to a financial situation, the septic system could not be installed until now.
Lucy Burton commented that at the meeting where the conditional approval was given, the owners were warned not to miss the timelines. An extension will not be given, especially with enforceable agreements. Ms. Burton stated that a date will be set that will need to be met otherwise there will be more consequences in addition to those at this meeting.
Ms. Burton remarked that the Board will take the financial situation into consideration. However, enforceable agreements have very strict timelines. This is a property that is occupied and in violation, and the house can be condemned by the Board of Health.
The Board discussed setting a date for the installation since it is six weeks past the original date set by the Board. Also, the Board discussed issuing a fine for the previous violation and more fines if the timeline is not met.
Lucy Burton made a motion that the Board of Health issue a fine of $500 for the violation of not complying with the Enforceable Agreement at 84 Captains Row, the Certificate of Compliance to be issued by May 1, 2013, and if the deadline of May 1, 2013, is not adhered to, then there will be additional fines. Kalliope Egloff seconded the motion. The motion was unanimously approved.
7:25 PM – Donald Thomas – Operation & Maintenance Violation – 141 Timberlane Drive.
Burton Kaplan commented that Donald Thomas of 141 Timberlane Drive has failed to maintain an agreement and has failed to maintain the system according to the Department of Environmental Protection protocol.
Kalliope Egloff made a motion that the Board of Health issue a $300 fine for failing to maintain an agreement and for failing to maintain the system as required which is one time per year per the Department of Environmental Protection protocol. A contract is required within 14 days, and if a contract is not submitted within 14 business days, then more fines will be issued for non-compliance. Lucy Burton seconded the motion. The motion was unanimously approved.
Jennifer Thomas, daughter of Donald Thomas who is deceased, introduced herself to the Board. Ms. Thomas arrived at the meeting at 7:50 PM and apologized for her tardiness.
Ms. Thomas stated that she has contacted Coastal Engineering and is waiting for a response. She was unaware that this property had a FAST system until she was contacted in July 2011 by Barnstable County Department of Health and Environment stating that the property was in violation. Jennifer Thomas is in the process of obtaining a contract with Coastal Engineering.
Lucy Burton commented that the Board discussed this earlier at the appointed time. The Board issued a fine of $300 for failing to maintain the contract, and a copy of the contract is to be submitted to the Board of Health within 14 days. If the contract is not received, there will be additional fines.
NEW BUSINESS
1. Sign Expense Warrants. No Warrants.
2. Review/Approve BOH Public Session Minutes: March 27, 2013.
Kalliope Egloff made a motion that the Board of Health approve the Public Session Minutes of March 27, 2013, as amended. Lucy Burton seconded the motion. The motion was unanimously approved.
3. Request for 2013 Food Establishment License: Bangkok Thai Cuisine.
Glen Harrington stated that all the concerns with the floor plan and seating have been addressed, and the owners are planning to open at the end of April 2013.
Lucy Burton made a motion to approve the 2013 Food Establishment Permit request for Bangkok Cuisine with the condition of a pre-opening inspection. Kalliope Egloff seconded the motion. The motion was unanimously approved.
4. Request for 2013 Food Establishment License: Bagel Haven, LLC.
Glen Harrington commented that Bagel Haven is under new management and are retaining the name. The former owner will work with the new owners to assist them in opening the establishment.
Lucy Burton questioned the number of seats shown on the plan. The plan indicated 14 but only 8 seats are allowed.
Jamie Schuh and Lindsey Stone, new owners of Bagel Haven, introduced themselves to the Board.
Glen Harrington stated that there was no outside seating for the previous establishment, but there may have been picnic tables on the small grass area. The outdoor seats would count towards the seating only if there is service to the table.
Kalliope Egloff made a motion that the Board of Health approve the 2013 Food Establishment Permit for Bagel Haven LLC as presented with the condition of passing a pre-operation inspection and limit the interior seating to 8 seats not 14 seats. Lucy Burton seconded the motion. The motion was unanimously approved.
5. Title V Variance: 22 Uncle Henry’s Road.
Glen Harrington commented that a variance was not needed. The land surveyor contacted Mr. Harrington and because the percolation rate was slow so the 4 feet was acceptable.
6. Request for Seasonal Food Service License: Willowbend Pool Café.
Mr. Harrington remarked that opposite the current snack bar at the entrance of the pool area will be the proposed ice cream café. Mr. Harrington requested that the hand sink be moved closer to the prep area, and this will be verified during the pre-operation inspection. Glen Harrington also requested electronic copies of the floor plans.
The Board members discussed implementing an additional fee and a separate Food Establishment Permit, and all agreed that neither will be necessary.
Lucy Burton made a motion that the Board of Health approve the Willowbend Pool Café for 2013 pending opening inspection, confirming the location of the hand sink, the receipt of the electronic plans, and one Food Establishment Permit with no additional fee. Kalliope Egloff seconded the motion. The motion was unanimously approved.
7. Definitive Subdivision Plan – Southworth Mashpee Properties, LLC.
Glen Harrington stated that he has not received the revised definitive plan from the engineer, Matthew Eddy.
Burton Kaplan deferred acting on the Definitive Subdivision Plan until the next Board of Health meeting.
8. Request for 2013 Food Establishment License: Sweet Waves.
Jennifer Aubee, President of Sweet Waves, introduced herself to the Board.
Ms. Aubee stated that this is a self-serve yogurt shop with six machines. The cups are located at the entrance, the yogurt with a large selection of toppings is all self-service, and then the cup of yogurt with toppings is paid for according to the weight. Ms. Aubee is planning to open the end of May or the middle of June.
Kalliope Egloff made a motion that the Board of Health approve the 2013 Food Establishment Permit Application for Sweet Waves, 10 Steeple Street, as presented with the condition of passing the pre-operation inspection. Lucy Burton seconded the motion. The motion was unanimously approved.
9. Request for Temporary Housing: 144 Wheeler Road.
Glen Harrington commented that he did not receive any information. Mr. Harrington added this to the agenda to make a special consideration to get someone back into a condemned home.
10. Request for 2013 Trash Hauler’s License: Cape & Islands Disposal, LLC.
Paul Barry and Bill Sullivan, of Cape & Islands Disposal, introduced themselves to the Board. This is a new trash hauling company incorporated on March 1, 2013.
Mr. Barry commented that there are no customers as yet until the trucks are ready. Mr. Barry and Mr. Sullivan are planning to establish residential, commercial, and roll-off businesses. Mr. Barry has not created an account with the Department of Public Works until he receives Board of Health approval.
Kalliope Egloff discussed the state waste ban and recycling accessibility for the customers with Paul Barry and Bill Sullivan.
Lucy Burton made a motion that the Board of Health approve the 2013 Refuse Hauling Permit for Cape & Islands Disposal pending truck inspections, establishing an account with the Department of Public Works, and obtaining a bond. Kalliope Egloff seconded the motion. The motion was unanimously approved.
OLD BUSINESS
1. Ralph Ventresco – Operation & Maintenance Violation – 56 Canonchet Avenue.
Glen Harrington stated that the septic system has been installed and the Certificate of Compliance was issued on April 8, 2013, at 56 Canonchet Avenue. Mr. Harrington commented that Ralph Ventresco has not paid the $100 fine. Mr. Ventresco was given a time frame for submitting the plans, having the system installed, fined him $100 a day if the plans were not submitted within the time frame, but a time frame was not given for actually paying the first $100 fine.
Mr. Harrington commented that he will give Ralph Ventresco one more opportunity to pay the fine of $100.
2. Steven Lewis – Operation & Maintenance Violation – 53 Uncle Henry’s Road.
Glen Harrington stated that he spoke with Steven Lewis, owner of 53 Uncle Henry’s Road. Mr. Lewis remarked that 30 Nick Trail is his father’s property. Glen Harrington stated that Mr. Lewis informed him that 53 Uncle Henry’s Road and 30 Nick Trail followed the same permitting path. Mr. Lewis thinks that the Innovative Alternative systems were not installed on either of the properties. Mr. Harrington suggested that Mr. Lewis attend the April 24, 2013, meeting for 53 Uncle Henry’s Road and for 30 Nick Trail to present his case. Steven Lewis will respond in writing so that the Board is aware of the situation.
3. S. Jeffrey & Teresa Battles – Kennel Violation – 20 Fern Gully Pass.
Glen Harrington commented that Veronica Warden went to the property. Ms. Warden observed 3 cars in the driveway, but no one answered the door. Ms. Warden did see one dog. The dog did not bark, and no other dogs were heard barking.
Mr. Harrington recommended waiting until a complaint is received before taking action.
ADDITIONAL TOPICS
Burton Kaplan commented that Glen Harrington’s Monthly Report was presented well.
Burton Kaplan inquired whether One Pointe Home Curators paid their fees that were due on March 26, and March 28, 2013, to the Mashpee Department of Public Works. Glen Harrington commented that he would have been informed if the fees were outstanding.
DISCUSSION
1. Medical Marijuana.
Burton Kaplan discussed the Draft Medical Marijuana Regulations submitted by the Massachusetts Department of Public Health. The State of Massachusetts intends to register dispensaries, register production facilities, register physicians, register patients, and register every prescription written.
Glen Harrington stated that the way the new draft code is written is that the Marijuana Infused Products are not food, and it is treated as a medicine or a drug. Therefore, it does not fall within the Board of Health jurisdiction. Mr. Harrington commented that Marijuana Infused Products can be made at one of the treatment centers or by a caregiver as long as it is given directly to the patient that it is intended for.
2. 2013 Hazardous Household Waste Collections.
Kalliope Egloff commented that the first Hazardous Household Waste Collection for the Upper Cape will be held on April 20, 2013, at Sandwich High School from 8:30 AM to 1:00 PM.
3. MassRecycle Conference: Gasification / Incineration Moratorium.
Kalliope Egloff attended the MassRecycle conference. Ms. Egloff commented that there are a couple of Bills that will be presented at the House to reduce solid waste and to increase recycling. A solid waste bill is also to be presented at the Senate to enhance recycling.
Ms. Egloff stated that the Commissioner of the Department of Environmental Protection was the keynote speaker. His main focus of the discussion was the modifications to the moratorium of incineration that the State has had.
Ms. Egloff commented that the Massachusetts Department of Environmental Protection will be implementing gasification, Polaris’s, anaerobic digestion, in addition to any other innovative incineration. The Governor would like to open up the economic development of incineration by expanding the definition of incineration. The combustion moratorium will eventually be lifted and that implies more Local control at the Board of Health level. The Governor would like to open up a green industry. Ms. Egloff feels that the Board of Health should be aware of the new terms for the permitting that will take place.
4. Textile Recycle Fundraiser.
Kalliope Egloff stated that the Textile Recycle Fundraiser is scheduled for April 13, and April 14, 2013, to benefit the children going to Washington, DC. It is co-sponsored with the Mashpee Department of Public Works and Baystate Textile and will be held at Mashpee Middle School. The children will be paid by the ton. The articles can be torn, ripped, stained, used, or new.
EXECUTIVE SESSION
Kalliope Egloff made a motion that the Board adjourn the Public Session, to enter into Executive Session, pursuant to General Law C. 30A, s.21(3) for the purpose of discussing the Town’s strategy with respect to an ongoing enforcement action at 170 Mashpee Neck Road. It having been determined by the Chair that discussion of this matter in an open meeting may have a detrimental effect in the Town’s position. Lucy Burton seconded the motion. The motion was unanimously approved.
NEXT MEETING
The next meeting of the Board of Health is scheduled for Wednesday, April 24, 2013, at 7:00 PM. Burton Kaplan adjourned the Public Session of the Board of Health at 8:01 PM.
Respectfully submitted,
Frances Boulos
Administrative Assistant
Mashpee Board of Health
attachments
| 
