05/19/2016 BOARD OF HEALTH Minutes

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7:45 PM – Alltown Mashpee – Tobacco Violation. Glen Harrington stated that on April 16, 2016, the Cape Cod Regional Tobacco Control Program performed a compliance check at Alltown Mashpee and other Mashpee tobacco retailers. Alltown Mashpee failed the compliance check by selling tobacco products to a minor. This is the second offense within 48 months, so a fine of $200 and a seven consecutive business day suspension is the penalty for the violation. The first offense occurred on February 15, 2016. Payment of the $200 fine was received along with a response letter. Glen Carroll, Regional Manager for Global Montello Group, introduced himself to the Board. Mr. Carroll commented that all of the employees attend an extensive training program. The employees are required to take the initial training and then quarterly trainings. They are taught to recognize the purchaser and to obtain proper identification. Whenever a tobacco product is purchased at the register, the employee is required to enter the customer’s date of birth. This particular employee choose to enter a different date of birth and did not request identification. The employee was terminated once Global Montello Group received notification of the violation. Loss of license creates a hardship for the company; therefore, Mr. Carroll would like cashiers to be held accountable, as is done in Rhode Island and Connecticut. Lucy Burton made a motion that the Board of Health suspend the Tobacco Sales License for 5 consecutive business days beginning June 6, 2016, through June 10, 2016, for Global Montello Group, Alltown Mashpee. Brian Baumgaertel seconded the motion. The motion was unanimously approved. 7:50 PM – Title V Variance Request – 78 Nick Trail. Glen Harrington commented that this is a straight upgrade of a septic that is on a very small lot located at 78 Nick Trail. The dwelling is currently serviced by cesspools. The variance requested for the septic tank to the abutter’s property line requires review by the Board of Health. The Soil Absorption System was designed for more than a four bedroom capacity. However, this property is located in Zone II; therefore, the owners and buyers understand that the dwelling cannot have more than the three primary bedrooms. Jeff Ryther of BSS Design, representing William Hasler, the buyer of 78 Nick Trail, introduced himself to the Board. Mr. Ryther stated that this project is proposing to pump and abandon the three old cesspools on the property located at 78 Nick Trail and to fully upgrade the subsurface sewage disposal system. The septic system upgrade has been designed for a 3-bedroom single family house. Mr. Ryther is requesting the following variances: 1. A 3’ variance, septic tank to the side lot line, for a 7’ setback. 2. A 3’ variance, septic tank to the cellar wall, for a 7’ setback. 3. A 3’ variance, Soil Absorption System to the cellar wall, for a 17’ setback. 4. A 9.5’ variance, Soil Absorption System to the bulkhead, for a 10.5’ setback. Lucy Burton made a motion that the Board of Health approve the variances requested for 78 Nick Trail. Brian Baumgaertel seconded the motion. The motion was unanimously approved. 7:55 PM – Board of Health Cesspool Regulation – 78 Nick Trail. Glen Harrington stated that the owner of 78 Nick Trail is requesting a variance to have the property transferred without the benefit of upgrading the failed cesspool on the property prior to the sale. The buyer is requesting a date of September 7, 2016, to repair or replace the septic system. The septic system has a newly engineered plan so additional time will not be necessary for producing an engineered design. Attorney Christopher Kirrane representing the applicant of 78 Nick Trail, introduced himself to the Board. Attorney Kirrane commented that the date of transfer is scheduled for June 23, 2016. The owners live in Ohio and may only use the property around the holidays. 3