3/19/2015 BOARD OF HEALTH Minutes

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Burton Kaplan made a motion that the Board of Health approve the Definitive Subdivision Plan at 424 Whitings Road. Lucy Burton seconded the motion. The motion was unanimously approved. 5. Request for 2015 Incidental Retail Food Permit: Maximum Nutrition Centers of Cape Cod (14 Joy St) Glen Harrington commented that Maximum Nutrition Centers of Cape Cod is strictly retail. Veronica Warden, Assistant Health Agent, conducted a pre -opening inspection of the premises located at 14 Joy Street. Burton Kaplan made a motion that the Board of Health approve the Incidental Retail Food Permit for Maximum Nutrition Centers of Cape Cod located at 14 Joy Street. Lucy Burton seconded the motion. The motion was unanimously approved. 6. NSTAR Right of Way Herbicide Spraying of Electrical Easement: Comments to Selectmen. Glen Harrington remarked that the public comment period for the NSTAR right of way herbicide spraying has been extended to May 11, 2015. OLD BUSINESS 1. Innovative/Alternative Maintenance Violation: 50 Popponesset Island Road. Glen Harrington remarked that the Innovative/Alternative Maintenance Violation at 50 Popponesset Island Road has been resolved. 2. Mobile Food Regulation. Glen Harrington commented that the draft regulation for mobile food is according to Town Counsel's comments. Town Counsel wanted to include a jurisdiction defining a mobile food unit. Mr. Harrington located a description applicable to Mashpee's definition. Town Counsel also reviewed the penalties because of the non— criminal disposition, and stated that using the permit as leverage is the best option. Lucy Burton made a motion that the Board of Health approve the Mobile Food Regulation as revised by the Health Agent. Burton Kaplan seconded the motion. The motion was unanimously approved. 3. Housing Violations: 140 Noisy Hole Road. Glen Harrington stated that at the last meeting on February 26, 2015, the Board voted to extend the timeframe for compliance of the septic system. The Certificate of Compliance was to be issued by March 16, 2015. The fines issued for non-compliance from violations identified during the March 2013 housing inspection were to be discussed at this meeting. The septic was installed on March 12, 2015. The final inspection for a dirt berm around the system has not yet been performed. The berm was required so no vehicles have access to the Soil Absorption System. Scott Torrey, the installer, was to contact the Board of Health to verify this in the field. The water line was connected with a meter installed on March 16, 2015, according to the Mashpee Water District. On February 27, 2015, the Assistant Health Agent witnessed that the stove was removed from the garage apartment, and the switch and light in the main dwelling were operational. The Building Inspector reported that the electric heat was disconnected to the garage apartment. Lucy Burton commented that the old fines need to be addressed, and a decision made. The Board, Glen Harrington, and Attorney Kevin Kirrane discussed the fines for the electric meter and the smoke detectors. The electricity had been paid by the owner, so no violation exists. The smoke detectors were eventually installed; however, the Board of Health was never contacted to verify the installation. The Board felt that a $500 fine would be reasonable. Kalliope Egloff made a motion that the Board of Health fine the owner of 140 Noisy Hole Road $500, reduced from $11,000, for a smoke detector violation. Burton Kaplan seconded the motion. The motion was unanimously approved.