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4� <br /> TOWN OF MASHPEE <br /> BOARD OF HEALTH -- PUBLIC MEETING <br /> Minutes from the Meeting of Wednesday, October 25, 2006 <br /> Board Members Present: Board Members Absent: Also Present: <br /> Steven Ball, Chairman Glenn Santos, Clerk Glen Harrington, Health Agent <br /> Lucy Burton, Vice Chairman <br /> Chairman Steven BaII called the meeting to order at 7:00 PI M in the Board of Health office. The <br /> meeting reconvened across the Full In Conference Room 3. <br /> APPOINTMENTS <br /> ENTS <br /> 1. Deer crossing--Appeal of BOH Fires <br /> Pat Brady, attorney for the Deer Crossing Association, introduced himself to.the Board. Mr. Brady <br /> stated that there was going to be a change of occupancy in Building A. The restaurant, Michele's <br /> Kitchen, is proposed to be replaced with retail or office space and will no longer be a restaurant use. <br /> This change results in a significant reduction in the design flow and will not require a septic tank of <br /> 1 of000gallons. <br /> Glen Harrington stated that in July, 2006 the Board of Health granted a courtesy"drop dead"date of <br /> September Sof 2006 to complete the 6eptic work at Deer Crossing. The Board had been given <br /> promises by Attorney Brady that work would begin the day after Labor Day to replace the failed septic <br /> system,. <br /> David Newton,ton, general contractor, introduced himself to the Board. He reported that October 13th was <br /> the data that ground had been broken and the work be-gun. He stated that the first system i <br /> completed; the second system, Building D, will be completed by Friday, Oct. 27th. The third system, <br /> Building A, will be completed by Nov. 30th. <br /> Steven Ball stated that Deer crossing was still in violation of the BOH required date of 9130106 for <br /> breaking ground from 10101106 thru 10113106, and that the$1000 per day fines still applied. Mr. <br /> Brady asked that the fines be waived for the 13 days because unfortunately they could not get the <br /> contractors on site. The delays were contractor delays, and were not of Deer crossing's making. Mr. <br /> Brady stated that the reasons for the construction delays were Oxplained to Glen Harrington in <br /> advance of October 1 st Mr. Brady's estimated date of completion of the total project was now <br /> November 30# 2006. <br /> Stever, Ball suggested the following scenario. The fines for 13 days will remain. Deer Crossing will <br /> have until Nov.. 30th to complete the project. If it is completed by Nov.. 3e, Deer Crossing will come <br /> before a full Board of Health in attendance, to appeal the 13,000 irn fines. <br /> Glen Harrington commented that this is the last administrative review of the fires that the BOH %411 <br /> see. -If the BOH malas a decision now to include the fines, and the fines are appealed, the appeal <br /> must be done through court, and not through the 130H. <br /> Lucy Burton ,,Wade a ,motion to continue the a peal by Deer crossing Condominiums of$13,000 in <br /> fines levied by-the 130H, to the December 13 BOH meeting. Steven Ball seconded the,motion. All <br /> approved. <br /> Lucy Burton made a notion to add to the B H agenda for this evening, discussion of 681 Falmouth <br /> Road, Deer Crossing Fealty Trust, Removal l of Michelle's Kitchen in Building A at Deerrossin9. <br /> Steven Ball seconded the ,notion. <br /> 1 <br />