Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of October 9, 2013
Board Members Present: Also Present:
Kalliope Egloff, Chair Glen Harrington, Health Agent
Lucy Burton, Co-Chair
Burton Kaplan, Clerk
Chair Kalliope Egloff called the meeting to order at 7:00 PM.
APPOINTMENTS
7:15 PM – James Codair, Jr. – Title V and Local BOH Violations – 12 Monomoscoy Road West.
Glen Harrington stated that the property at 12 Monomoscoy Road West is serviced by a cesspool. The property was transferred on May 15, 2013, without the benefit of a septic inspection.
In Mr. Harrington’s opinion Title V states that the owner is responsible for performing a septic inspection prior to a property transfer. Therefore, the previous owner was ordered to appear before the Board. This former owner confirmed that it was a cash sale and that the family could no longer maintain the property.
Mr. Harrington commented that a copy of the Purchase & Sale Agreement has not been submitted to the Board of Health to verify that the buyer took responsibility to have a septic inspection performed and for repairing the septic system.
When Mr. Codair received the order letter, he contacted his attorney, Laura Moynihan from Falmouth. Discussions and correspondence between the Board of Health and Attorney Moynihan took place as to the responsibility. The Purchase and Sale Agreement does not absolve the previous owner from the responsibility of having a septic inspection.
Mr. Harrington commented that the Board of Health regulation for cesspools requires that the cesspool must be upgraded prior to the transfer. A variance to the Board of Health regulation to sell the property with a cesspool is to be requested.
Attorney Laura Moynihan has proposed to dismiss the discussion totally and request an extension.
Lucy Burton made a motion that the Board of Health extend the discussion on 12 Monomoscoy Road West to the November 13, 2013, meeting. Burton Kaplan seconded the motion. The motion was unanimously approved.
7:20 PM – Judith and Steven Rivers – Housing Condemnation – 87 Lighthouse Lane.
Glen Harrington commented that on May 12, 2011, he witnessed and certified the septic system at 87 Lighthouse Lane in failure. Mr. Harrington observed surcharging of the septic tank and the leaching pit where the liquid levels were into the risers. Two years have passed with no action.
A letter of non-compliance was sent to Judith and Steven Rivers on July 25, 2013, with no response. This request stated that a professional must be hired to design the repair of the system. A letter dated September 23, 2013, scheduling the condemnation hearing for this evening was mailed to the Rivers.
Judith Rivers of 87 Lighthouse Lane introduced herself to the Board.
On October 4, 2013, Mr. Harrington spoke to Mrs. Rivers and discovered that there were financial issues. Mrs. Rivers stated that the septic system has been pumped every two years and did not have problems with the system. Glen Harrington commented that once a system is observed in failure, it is deemed failed. Mr. Harrington informed Mrs. Rivers that she could receive financial aid through the Barnstable County Loan Program and also the USDA.
The Board members suggested that Mrs. Rivers contact the USDA for grants once the government returns to work. If this option is not feasible, Mrs. Rivers should contact the Barnstable County Loan Program. A final option may be to have the Town of Mashpee provide a loan to the homeowner.
Lucy Burton made a motion that the Board of Health continue the Title V Condemnation hearing for 87 Lighthouse Lane until November 13, 2013. Burton Kaplan seconded the motion. The motion was unanimously approved.
7:25 PM – Michael Pimentel, J.C. Engineering, Inc – Title V Variance – 240 Surf Drive.
Michael Pimentel of J.C. Engineering, Richard Capen of Capewide Enterprises, and John McGrath, homeowner of 240 Surf Drive, introduced themselves to the Board.
Glen Harrington commented that a plan was prepared for the repair of the failed Soil Absorption System at 240 Surf Drive. It is proposed to be replaced with an H-20 pump chamber, a distribution box, and 2-500 gallon chambers with 4 feet of stone. Several variances are requested including a Title V Variance that requires state approval. This variance is due to the depth of the pump chamber which is greater than 3 feet below grade. The other variances are setback variances to maintain the Soil Absorption System 100 feet from the Bordering Vegetated Wetlands to avoid a denitrification system.
Lucy Burton made a motion that the Board of Health approve the variances for 240 Surf Drive with the following conditions:
- The property line to be staked prior to the Soil Absorption System construction.
- The Land Surveyor to certify the location of the Soil Absorption System.
- The 40 mil liner to be placed as mitigation between the proposed Soil Absorption System and the 12-inch diameter concrete drainage pipe in the road.
Burton Kaplan seconded the motion. The motion was unanimously approved.
NEW BUSINESS
1. Sign Warrants. The Board members signed the expense warrants.
2. Review/Approve BOH Public Session Minutes: September 25, 2013.
Lucy Burton made a motion that the Board of Health approve the Public Session minutes of September 25, 2013. Burton Kaplan seconded the motion. The motion was unanimously approved.
3. Request for a 2013 Food Establishment License: Laura’s Home Cookin’ – 440 Nathan Ellis Hy.
Tina Fournier of Laura’s Home Cookin’ introduced herself to the Board.
Glen Harrington commented that this is a request for a 2013 Food Establishment Permit. The application, menu, Certified Food Manager Certification, Allergen Awareness Certificate, and the floor plans have been submitted. Laura’s Home Cookin’ will be situated at the former Pickle’s location. Laura Connery also has a mobile food permit with the Board of Health and is in good standing.
Lucy Burton made a motion that the Board of Health approve the 2013 Food Establishment Permit for Laura’s Home Cookin’ pending final inspection by a Health Agent. Burton Kaplan seconded the motion. The motion was unanimously approved.
4. Request for a 2013 Food Establishment Permit: Gaucho’s Cuisine – 34 South Street.
Doris Vath of Gaucho’s Cuisine introduced herself to the Board.
Glen Harrington commented that this is a request for a 2013 Food Establishment Permit. The application, menu, and floor plans have been submitted. The Certified Food Manager Certification and Allergen Awareness Certificates have been requested. The applicant will be located at the former Bandito’s Burritos site and is proposing a Brazilian menu.
Ms. Vath provided Mr. Harrington with her ServSafe Certificate and her husband’s ServSafe Certificate. She will provide the Allergen Awareness Certificate to the Health office.
Lucy Burton made a motion that the Board of Health approve the 2013 Food Establishment Permit for Gaucho’s Cuisine pending final inspection by the Health Agent and also receipt of the Allergen Awareness Certificate. Burton Kaplan seconded the motion. The motion was unanimously approved.
ADDITIONAL TOPICS
None.
NEXT MEETING
The next meeting of the Board of Health is scheduled for Wednesday, October 23, 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 7:50 PM. Burton Kaplan seconded the motion. The motion was unanimously approved.
Respectfully submitted,
Frances Boulos
Administrative Assistant
Mashpee Board of Health
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