Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of June 12, 2013
Board Members Present: Member Absent: Also Present:
Burton Kaplan, Chairman Kalliope Egloff, Co-Chair Glen Harrington, Health Agent
Lucy Burton, Clerk
Chairman Burton Kaplan called the meeting to order at 7:01 PM.
APPOINTMENTS
7:15 PM – Krystal Parsons – Housing Violations – 140 Noisy Hole Road.
Glen Harrington stated that the two housing violations at 140 Noisy Hole Road are:
1. There was only one electric meter for 2 units, and
2. The smoke detectors were inoperable.
Mr. Harrington commented that the tenant received a $1,500 electric bill and contacted the Board of Health. When the accessory apartment was added, a second meter was never installed. The Certified Mail to Krystal Parsons, the owner, was returned to the Board of Health but not the First Class letter. Ms. Parsons has contacted the tenant, and an electrician was hired to correct the problem. However, according to the Building Department no electrical permits were issued.
Lucy Burton made a motion that the Board of Health continue the discussion on the housing violations at 140 Noisy Hole Road until the next meeting. Burton Kaplan seconded the motion. The motion was unanimously approved.
7:20 PM – Michael Carroll – BOH Variance Request – 17 Waterway.
Attorney Kevin Kirrane, representing Michael Carroll of 17 Waterway, introduced himself to the Board.
Attorney Kirrane commented that the property is serviced by a cesspool, and according to Mashpee’s regulations, cesspools are to be replaced upon the transfer of the property. This property will be sold as is, and the buyer has agreed to replace the system. Attorney Kirrane has applied for the appropriate variance relief to permit the sale of the property prior to the installation of the new system.
Lucy Burton made a motion that the Board of Health approve the variances requested for 17 Waterway and a Certificate of Compliance for completed work by September 15, 2013, with no extensions. Burton Kaplan seconded the motion. The motion was unanimously approved.
Lucy Burton made a motion that the Board of Health receive the Enforceable Agreement by June 15, 2013. Burton Kaplan seconded the motion. The motion was unanimously approved.
7:25 PM – Mercantile Property Management – Bathing Beach Violation.
Ryan McGowan, representing Mercantile Property Management, introduced himself to the Board.
Glen Harrington commented that Barnstable County Department of Health and Environment notified the Board of Health that Maushop Village beaches were not monitored for their weekly sampling in accordance with the Bathing Beach Regulations for 2012. Mr. Harrington notified Mercantile Property Management informing them of the situation.
Mr. McGowan stated that during the transition of property managers in 2012, many of the waterfront properties were overlooked. Mr. McGowan assumed the responsibility and immediately enrolled in the weekly Beach Sampling Program for 2013.
Lucy Burton made a motion to fine Mercantile Property Management $100 per missed sampling event from 2012 which would be a total of $1,300. Burton Kaplan seconded the motion. The motion was unanimously approved.
7:30 PM – Peter O’Neill/Christine Fairneny – Variance Request – 66 Uncle Edwards Road.
Peter O’Neill, owner of 66 Uncle Edwards Road, Christine Fairneny, buyer for 66 Uncle Edwards Road, and Maura Rodino, realtor for 66 Uncle Edwards Road, introduced themselves to the Board.
Ms. Fairneny remarked that the closing for 66 Uncle Edwards Road will take place on June 20, 2013, and the property has been rented through a good portion of the summer. In an effort to not disturb the property and not to inconvenience the renters, Ms. Fairneny is requesting a waiver of 90 days to replace the septic system in the fall.
Lucy Burton made a motion that the Board of Health approve the variance as requested for 66 Uncle Edwards Road with an August 1, 2013, deadline for engineered plans and September 20, 2013, for a Certificate of Compliance with no extensions, and the Enforceable Agreement available tonight. Burton Kaplan seconded the motion. The motion was unanimously approved.
7:35 PM – Peter McEntee, P.E. – Variance Request – 30 Sand Dollar Lane.
Peter McEntee with Engineering Works, representing Mead and Kathryn Sommers of 30 Sand Dollar Lane, introduced himself to the Board.
Mr. McEntee commented that Mead Sommers had the septic system upgraded in 2000. A recent septic inspection indicated the tank was more than 30 years old and structurally sound. Mr. McEntee is requesting a variance to the Board of Health requirement of tank replacement. Mr. McEntee is proposing a 6-inch concrete slab with steel reinforcing it to extend 1 foot beyond the perimeter of the outside of the tank. Access manholes will be provided over each opening. The work will all be done by hand.
Glen Harrington commented that a new outlet tee is required to be installed replacing the baffle.
Lucy Burton made a motion that the Board of Health approve the variance request for 30 Sand Dollar Lane with the condition that a new outlet tee is installed, access covers provided on the slab, and the tank is to be evaluated at the next transfer of property. Burton Kaplan seconded the motion. The motion was unanimously approved.
7:40 PM – Robert and Heather Shanahan – BOH Variance Request – 72 Spoondrift Way.
Attorney Kevin Kirrane, representing Robert and Heather Shanahan of 72 Spoondrift Way, introduced himself to the Board.
Attorney Kirrane stated that the request is to permit the transfer of title and to allow for the replacement of the system within a period of one year. The length of time is necessitated by the fact that because this is a raze and replace project the services of an architect, an engineer, etc. will need to be engaged.
Lucy Burton made a motion to approve the variance request for 72 Spoondrift Way with the understanding that the house will be torn down and/or condemned by October 1, 2013. The septic system will be replaced and no Certificate of Occupancy will be granted until the Certificate of Compliance has been issued. Burton Kaplan seconded the motion. The motion was unanimously approved.
7:45 PM – Richard Papalia – BOH Variance Request – 30 Lisa Lane.
Richard Papalia, owner of 30 Lisa Lane, introduced himself to the Board.
Mr. Papalia commented that the property was a short sale and purchased as is. The transfer occurred without replacing the septic tank which is over 30 years of age. Mr. Papalia will have the septic tank replaced once the Board of Health approves the variance request.
Lucy Burton made a motion that the Board of Health approve the variance request for 30 Lisa Lane to replace the septic tank by August 1, 2013. Burton Kaplan seconded the motion. The motion was unanimously approved.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Review/Approve BOH Public Session Minutes: May 22, 2013.
Approval of the corrected Board of Health May 22, 2013, minutes was continued until the next Board of Health meeting with a full Board in attendance.
3. Request for 2013 Retail License: Spice Merchants (Mashpee Commons).
Burton Kaplan commented that he had given Spice Merchants permission to open prior to tonight’s meeting. A pre-opening inspection for Spice Merchants was performed by Veronica Warden on May 31, 2013.
Glen Harrington requested that Lisa Cavanaugh, owner of Spice Merchants, provide the Board of Health with a list of spices that are offered.
Lucy Burton made a motion that the Board of Health approve the 2013 Food Establishment Permit Application for Spice Merchants with the condition that a list of spices is provided. Burton Kaplan seconded the motion. The motion was unanimously approved.
4. Request for 2013 Mobile License: Attleboro Del’s and Ice Cream.
The Board members expressed their concern that both the Food Safety Management Training and ServSafe Certificates for Paul Piatelli had expired.
Glen Harrington stated that Mr. Piatelli, owner of Attleboro Del’s and Ice Cream, is asking for a one-day mobile food permit on June 15, 2013, and then daily July, August, and half of September.
Lucy Burton made a motion that the Board of Health approve Attleboro Del’s and Ice Cream 2013 Mobile Food Permit Application with the condition that up-to-date Food Safety Management or ServSafe Training Certificates are received by July 1, 2013, with a one-day allowance on June 15, 2013. Burton Kaplan seconded the motion. The motion was unanimously approved.
5. Definitive Subdivision Plan: 36 Savanna’s Path.
Glen Harrington commented that the intent is to provide a paved access to a commercial property through Trinity Place from Route 28.
Lucy Burton made a motion to approve the preliminary subdivision plan for 36 Savanna’s Path. Burton Kaplan seconded the motion. The motion was unanimously approved.
6. Draft Tanning Regulation.
Discussion on the Draft Tanning Regulation was continued to the next scheduled Board of Health meeting.
OLD BUSINESS
1. Enforceable Agreement Violation – 84 Captains Row – David Chase.
Glen Harrington stated that the letters were sent for the additional fines, but David Chase has more time to receive the letters before action is taken.
2. O & M Violation – 141 Timberlane Drive – Jennifer Thomas.
Glen Harrington remarked that the letters were sent, but Jennifer Thomas still has time to receive the letters before action is taken.
ADDITIONAL TOPICS
1. 246 Great Pines Drive.
Lucy Burton made a motion to add 246 Great Pines Drive to the agenda. Burton Kaplan seconded the motion. The motion was unanimously approved.
The hearing for this property was continued from May 8, 2013, so that a full septic inspection could be performed and a health agent could visit the property. The inspection has been completed, and the result was “Further Evaluation by the BOH”. The inspector stated that the septic tank was structurally sound and is mostly located under the existing deck with no access to the inlet or center manholes.
Lucy Burton made a motion that the Board of Health approve the variance for 246 Great Pines Drive with the condition that access is provided to the center 18-inch manhole. Upon the next sale of the property, the septic tank shall be evaluated for structural integrity. Burton Kaplan seconded the motion. The motion was unanimously approved.
DISCUSSION
1. Medical Marijuana.
Discussion on Medical Marijuana was continued to the next scheduled Board of Health meeting.
NEXT MEETING
The next meeting of the Board of Health is scheduled for Wednesday, June 26, 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 8:08 PM. Kalliope Egloff seconded the motion. The motion was unanimously approved.
Respectfully submitted,
Frances Boulos
Administrative Assistant
Mashpee Board of Health
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