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Board of Health Minutes 06/18/2015
Town of Mashpee

                                                                                       16 Great Neck Road North
                                             Mashpee, Massachusetts 02649

BOARD OF HEALTH – PUBLIC SESSION

Minutes of the Meeting of June 18, 2015

Board Members Present:                  Member Absent:          Also Present:
Lucy Burton, Chair                              Kalliope Egloff, Clerk  Glen Harrington, Health Agent
Burton Kaplan, Co-Chair                 

Chair Lucy Burton called the meeting to order at 7:00 PM.

APPOINTMENTS
7:15 PM – Peter McEntee – Local Board of Health and Title V Variances – 34 Tobisset Street.
Peter McEntee of Engineering Works, representing the owners of 34 Tobisset Street, introduced himself to the Board.

Mr. McEntee commented that the septic system located at 34 Tobisset Street is to be upgraded; however, there is a limited area to install the system.

Therefore, Mr. McEntee is requesting the following variances:

  • A 4’ variance, Soil Absorption System to property line (side), for a 6’ setback.
  • A 2’ variance, Soil Absorption System to slab (cellar floor), for an 8’ setback.
  • A 3’ variance to the 3’ maximum cover requirement, for a 6’ of cover over the Soil Absorption System and pump chamber.
  • A 21’ variance, Soil Absorption System to well (House #50), for a 129’ setback, Local Board of Health Requirement.
Lucy Burton made a motion that the Board of Health approve the four variances as requested for 34 Tobisset Street. Burton Kaplan seconded the motion. The motion was unanimously approved.

7:20 PM – Ebony Steele – Variance Request from Recreational Camp Regulations: Mashpee Village.
Ebony Steele, Resident Service Coordinator of Mashpee Village, 1 Wampanoag Drive, introduced herself to the Board.

Ms. Steele commented that this is the first year for the recreational camp for children ages 5 through 12 years. There will be a maximum of 30 campers. There is a community room with two toilet facilities, one for each sex. If the parents are home, the children may be allowed to walk home to use the bathroom. The hours of operation for the camp will be 8:00 AM until 5:30 PM.

Lucy Burton made a motion that the Board of Health approve the variance request for the recreational camp at Mashpee Village, 1 Wampanoag Drive. The variance request is that two toilets are allowed for up to 30 campers. This will be revisited next year for another variance or any increase to the amount of campers. Burton Kaplan seconded the motion. The motion was unanimously approved.

NEW BUSINESS
1.   Board of Health Re-Organization.
Lucy Burton made a motion that Burton Kaplan be nominated as Chairman of the Mashpee Board of Health for the Fiscal Year effective July 1, 2015. Burton Kaplan seconded the motion. The motion was unanimously approved.

Lucy Burton made a motion that Kalliope Egloff be nominated as Co-Chair of the Mashpee Board of Health for the Fiscal Year effective July 1, 2015. Burton Kaplan seconded the motion. The motion was unanimously approved.

Burton Kaplan made a motion that Lucy Burton be nominated as Clerk of the Mashpee Board of Health for the Fiscal Year effective July 1, 2015. Lucy Burton seconded the motion. The motion was unanimously approved.

2.   Sign Expense Warrants.  The Board members signed the expense warrants.

3.   Review/Approve BOH Public Session Minutes: May 7, 2015, and May 21, 2015.
Lucy Burton made a motion that the Board of Health approve the Public Session minutes of May 7, 2015, as amended. Burton Kaplan seconded the motion. The motion was unanimously approved.

Lucy Burton made a motion that the Board of Health approve the Public Session minutes of May 21, 2015, as amended. Burton Kaplan seconded the motion. The motion was unanimously approved.

4.  Request for 2015 Bodywork Therapist License: Emily Kogut.
Lucy Burton commented that Emily Kogut has had many years of experience as a bodywork therapist.

Lucy Burton made a motion that the Board of Health approve the 2015 Bodywork Therapist License for Emily Kogut. Burton Kaplan seconded the motion. The motion was unanimously approved.

5.   Release of Bond: Pina Sanitation Service, Inc.
Burton Kaplan stated that this is a Performance Guarantee Bond dating back to 1989. Original Board of Health signatures are required to release the bond. The Board members signed the document.

6.   Request for 2015 Residential Kitchen License: Shyla Campeau (24 Valerie Circle).
Lucy Burton remarked that Shyla Campeau submitted the application, fee, ServSafe Certificate, and Allergy Awareness Certificate. Ms. Campeau provided the menu at the meeting. Veronica Warden performed an inspection, and there were no violations.

Lucy Burton made a motion that the Board of Health approve the 2015 Residential Kitchen Permit for Shyla’s Cookie Company. Burton Kaplan seconded the motion. The motion was unanimously approved.

7.   Change of Ownership: BND Dollar Saver Convenience – 2015 Retail and Tobacco Permits.
Glen Harrington commented that this is merely a change of ownership for the Dollar Store. The only difference is that the new owners would like to sell milk and eggs in addition to the other items already sold in the store.

Lucy Burton made a motion that the Board of Health approve the 2015 Retail Food Permit and the 2015 Tobacco Permit for BND Dollar Saver Convenience. Burton Kaplan seconded the motion. The motion was unanimously approved.

8.   FY 2016 Landfill Monitoring Contract.
Lucy Burton made a motion that the Board of Health award the Fiscal Year 2016 Landfill Monitoring Contract to Tighe and Bond. Burton Kaplan seconded the motion.  The motion was unanimously approved.

9.   Change of Ownership: Absolutely Juiced – Request for 2015 Food Establishment Permit.
Lucy Burton commented that the ServSafe Certificate has not been received. Also, the tax identification number or social security number is required on the application. Brianna O’Connell remarked that the tax identification number will be issued once she receives approval by the Board of Health.

Lucy Burton made a motion that the Board of Health approve the 2015 Food Establishment Permit Transfer of Ownership for Absolutely Juiced with the conditions that the certified food manager’s certificate and the tax identification number or social security number are provided, along with a pre-operation inspection performed by the Health Agent by July 17, 2015. Burton Kaplan seconded the motion. The motion was unanimously approved.

10. Request for 2015 Mobile Food License: Wild Game Man (Peter Costill).
Peter Costill, owner of Wild Game Man, was invited to attend the Food Truck Fridays at the Community Park across from Mashpee Town Hall. Mr. Costill carries160 different kinds of sausages. The meats are farm raised and shipped frozen to Mr. Costill. All food is prepared on the truck. Mr. Costill provided his menu to the Board at the meeting.

Lucy Burton made a motion that the Board of Health approve the 2015 Mobile Food Permit for Wild Game Man. Burton Kaplan seconded the motion. The motion was unanimously approved.

11. Housing Inspection Follow-up: #7 Lakeside Estates (300 Nathan Ellis Highway).
Glen Harrington stated that Matthew Haney received the first order to demolish and remove the Trailer at #7 Lakeside Estates on May 26, 2015, and was given seven days to comply which would have been June 2, 2015. From June 3, 2015, through June 18, 2015, minus the Sundays is 14 days of non-compliance. Mr. Harrington spoke to Matthew Haney on June 17, 2015. Mr. Haney informed Mr. Harrington that the trailer would be removed by June 26, 2015. Town Counsel provided the Board with a second notice which states that if there has been no action or the owner persistently fails to take any action, then the Town will remove the nuisance and charge a lien to the property.

Burton Kaplan recommended that Glen Harrington contact Town Counsel concerning this situation at #7 Lakeside Estates.

Lucy Burton stated that Mr. Haney is still being fined. If the trailer is not demolished and removed by June 26, 2015, then the second notice will be issued.

EXECUTIVE SESSION
Lucy Burton made a motion that the Board of Health adjourn the Public Session, to enter into Executive Session, and to return to the Public Session. Burton Kaplan seconded the motion.

Roll Call Vote: Lucy Burton, yes; Burton Kaplan, yes.

At 7:52 PM the Board of Health entered into Executive Session.

At 8:00 PM the Board of Health resumed the Public Session meeting of June 18, 2015.

OLD BUSINESS
1.  Septic Loan Application Approval: 12 Ashumet Road.
Glen Harrington stated that the septic system located at 12 Ashumet Road was overflowing onto the ground surface. The septic tank was pumped by the March 15, 2015, deadline as required by the Board of Health at the February 5, 2015, meeting. If Ms. Macedo does not vacate the property, then the septic system will need to be pumped on an as needed basis. The Board suggested that Mr. Harrington drive by the property periodically to check that the system is not overflowing. There is no health hazard if the system does not overflow onto the ground surface. If Ms. Macedo has contacted Housing Assistance, then the house can be condemned. Mr. Harrington requested a letter from Ms. Macedo stating that she is unable to obtain a septic loan due to a monetary hardship.

Lucy Burton commented that Ms. Macedo should be notified that the septic system has been in failure for four years, and the Board is allowing some leniency because of the hardship. If the system overflows, it has to be pumped.  

Lucy Burton made a motion that the Board of Health continue the discussion on the repair of the failed septic system at 12 Ashumet Road until the next meeting scheduled on July 16, 2015.

2.  Septic Loan Application Approval: 87 Lighthouse Lane.
Glen Harrington remarked that Mrs. Rivers has completed the paperwork but is waiting for proof of income from the Social Security Office. If the loan application is not submitted by Friday, June 19, 2015, then a notice to attend a hearing of condemnation will be issued. The septic system had overflowed previously but was pumped and has not overflowed since that time. The Health Agent occasionally checks the property.

Lucy Burton made a motion that the Board of Health continue the discussion on the repair of the failed septic system at 87 Lighthouse Lane to the next meeting scheduled on July 16, 2015. Burton Kaplan seconded the motion. The motion was unanimously approved.

ADDITIONAL TOPICS
None.

DISCUSSION
1.   Meeting Update – Mashpee Cares Committee Meeting: Lucy Burton.
Lucy Burton remarked that purple flags will be placed along the rotary in Mashpee and in Hyannis representing all of the deaths by the Opioid overdose in Barnstable County.

2.   Meeting Update – Waste Management Committee Meeting: Kalliope Egloff.
Burton Kaplan remarked that there is nothing to report on the Waste Management Committee Meeting.

NEXT MEETING
The next meeting of the Board of Health is scheduled for Thursday, July 16, 2015, at 7:00 PM. As there was no further business, Lucy Burton made a motion to adjourn the Public Session Meeting of the Board of Health at 8:02 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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