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Cavossa Disposal noted it has been a licensed refuse hauler for 20 years and this was the <br />first time to appear before the BOH. Cavossa Disposal indicated that after receiving notice <br />of prohibition for trash pickup staff was promptly informed to stop trash pickup in the early <br />morning hours. The second violation was a result of a logistical mistake – although the <br />system halted trash pickup, the applicant failed to halt recycling pick up in the system due <br />to an oversight. The applicant apologized and noted the three violations could result in <br />losing his refuse hauling license. The applicant noted that such a penalty does not state time <br />frames for the three- violation rule and suggested the BOH should look at the regulation. <br />Mr. Seabury sympathized with the logistical failure explanation and noted that the Cavossa <br />Disposal has never been before the BOH. Mr. Raposa noted that the explanation was <br />reasonable and noted that now that the hours were known there should not be any more <br />violations. Mr. Livingston noted the issue was a quality-of-life issue and important to <br />address the residents’ noise concern. Mr. Livingston went on to note that the issue appears <br />to be resolved with the applicant doing the right thing. <br /> <br />Mr. Livingston invoked the “Quorum Rule of Necessity” to proceed. <br /> <br />Mr. Livingston made a motion to forgive the $500 fine which was seconded by Mr. Raposa. <br /> <br />Mr. Livingston (yes), Mr. Raposa (yes) – Motion passed unanimously <br /> <br />\[Mr. Seabury noted that he is rewriting the regulation to make it more readable and <br />understandable. In particular, the 3-violation rule will be clarified noting the BOH was here <br />for the public health and that Mr. Cavossa’s livelihood was a part of the public health\] <br /> <br />2. Review of Request for Variance from BOH Solid Waste Regulation – Cavossa Disposal <br /> <br />Cavossa Disposal withdrew their request at the hearing. <br /> <br />4:40 PM Show Cause Hearing: Non-Compliance of Food Establishment – Siena Italian Bar <br />and Grill, 17 Steeple Street. \[Siena\] <br /> <br />On June 7, 2023, as part of an investigation of a verified foodborne illness event, Christine <br />Willander, Assistant Health Agent, conducted an inspection of the above-referenced food <br />establishment. The inspection was performed according to the Retail Food Code, 105 CMR <br />590.000, the 2013 Federal Food Code (as adopted), and the Mashpee Board of Health Food <br />Establishment Inspection and Enforcement Regulation. During the inspection, Ms. Willander <br />noted one Core and four Priority Foundation violations on her inspection report, including a <br />violation of Section 5-205.11, which states that a handwashing sink shall be maintained so <br />that it is accessible at all times for employee use, and may not be used for purposes other <br />than handwashing. <br /> <br />On July 24, 2023, during a routine food establishment inspection, Mashpee Summer <br />Sanitarian, Masha Krag, noted in her inspection report that the hand-wash sink was <br /> <br />