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HomeMy WebLinkAboutItem 11 - 08252026 MinutesQ:\BOH MINUTES\2026\08252026 Minutes.docx BOARD OF HEALTH MEETING MINUTES Tuesday, August 25, 2026, 3:00 PM James H. Crocker Jr. Hearing Room, Town Hall 367 Main Street, 2nd Floor, Hyannis, MA This meeting is being recorded and will be posted for future viewing on the Town of Barnstable’s Government Access Channel: https://barnstable.cablecast.tv/INTERNETCHANNEL/WATCH-NOW A regularly scheduled and duly posted meeting of the Barnstable Board of Health was held on Tuesday, August 25, 2026. The meeting was called to order at 3:00 P.M. by F.P. (Thomas) Lee, Chair. Also in attendance were Board Members Daniel Luczkow, M.D., Donald Guadagnoli, M.D., Paul Canniff, D.M.D., and Christine Beer, PhD. Health Division staff members Thomas McKean R.S., C.H.O., and Vanessa Tripp, Office Manager, were present. 1. Call to Order 2. Announcements by Chair A. Recording Notice B. Roll Call 3. (Continued from July 28, 2026) Remote meetings using Zoom during the months of September through December due to Town Hall elevator replacement work Tom Lee announced that due to the elevator repairs at the main Town Hall, beginning in September to December, Board of Health meetings will be remote using Zoom. Tom Lee stated there is no option of having in-person meetings. 4. Body Art – New Artist: (WITHDRAWN) Tsovinar Papyan, employee of Lash Boutique – 28 Barnstable Road, Hyannis, MA, Map/Parcel 327-077, requesting approval to become a body art practitioner (for tattooing only). Tsovinar Papyan was present. Ms. Papyan noted she was previously approved to work under a licensed practitioner, however, the practitioner left. Ms. Papyan was present to apply for her own body art practitioner permit. Ms. Papyan stated she had more than two years’ experience. Ms. Tripp stated Ms. Papyan was approved as an apprentice on July 28, 2026. Ms. Tripp stated an employment verification letter was received and that proof of prior employment is one of the criteria for Body Art that is currently in place. Mr. McKean noted that Ms. Papyan’s previous employer was not within the United States. Ms. Tripp confirmed it was in Russia. Town of Barnstable Board of Health 200 Main Street, Hyannis MA 02601 Office: 508-862-4644 F.P. (Thomas) Lee, P.E, Chair Daniel Luczkow, M.D., Vice Chair Donald Guadagnoli, M.D. FAX: 508-790-6304 Paul Canniff, D.M.D. Christine M. Beer, PhD. Q:\BOH MINUTES\2026\08252026 Minutes.docx Dr. Luczkow stated he did not feel comfortable accepting proof of employment from a foreign country, and that this would not apply in the medical field. Dr. Luczkow stated that if a course credit from a foreign school is not accepted, why would employment verification from a foreign country be accepted. Ms. Tripp stated the Body Art criteria was updated on April 28, 2026. Ms. Tripp read a section from the Body Art criteria to the Board of Health members. Dr. Luczkow noted this was an oversight of the items that are requested on the application and believes that the work experience needs to be in a U.S. business and not a foreign business. After some discussion, this item was withdrawn. 5. Septic System Variances – Repair: (WITHDRAWN) A. Ryan Pina, Outback Engineering, Inc., representing owners, Carlos and Scarpa Vasconcello, 70 Straightway, Hyannis, MA, Map/Parcel 267-087, 7,840 square feet – Proposed repair of failed septic system. Requesting variance under 310 CMR 15.405(1)(h), State Environmental Code, a reduction of the required separation between the bottom of the proposed soil absorption system and the estimated high groundwater elevation from 5’ to 4’. Abutter notifications were not sent by the applicant; therefore, this item could not be heard today at the Board of Health meeting. This item is withdrawn. B. Peter McEntee, P.E., Engineering Works, Inc., representing owners, Helen M Hughes Rev Trust, 46 Great Bay Road, Osterville, MA, Map/Parcel 093-014, 33,977 square feet – Proposed repair of a failed septic system. I/A system proposed. Requesting variance from 310 CMR 15.405(j), Local Upgrade Approval, to allow the septic tank and pump chamber inlets and outlet tees to be installed within 12’’ of the estimated high groundwater elevation. Proposed Singulair 960-DN treatment tank. 4 bedrooms existing. Peter McEntee was present. Mr. McEntee proposed a new septic system with secondary treatment with the Singulair system under remedial approval with the standard conditions. Mr. McEntee proposed a drip dispersal system. Mr. McEntee requested a variance to the inlet and outlet pipes of the septic tank and the pump chamber because groundwater is very high. Mr. McEntee stated it is a four-bedroom house. There was no public comment. Mr. McKean stated Health staff had no objections. Mr. McEntee noted there are buoyancy issues and that they have put an extended base on both the pump chamber and on the Singulair to counter any buoyancy forces. Tom Lee asked if part of the 1500-gallon tank will be submerged into the water because of the high groundwater table? Mr. McEntee stated both tanks will be in the water table. Tom Lee asked about the pipe penetration connections for the monolithic tank or the 1500- gallon tank. Q:\BOH MINUTES\2026\08252026 Minutes.docx Mr. McEntee stated he did not specify a rubber boot, but he did specify the use of hydraulic cement. After some discussion and upon a motion made by Donald Guadagnoli, M.D., duly seconded by Daniel Luczkow, M.D., the Board voted unanimously in favor, to grant the variance with a condition that the engineering plan shall be revised to show the installation of rubber boots at the inlet and outlet tees of the 1500-gallon tank. 6. Septic System Variance: Chuck Rowland, P.E., Cape & Islands Engineering, representing owner, Yesim Mushayandebvu – 108 Bay Road, Cotuit, MA, Map/Parcel 007-022, 0.6 acre lot – MicroFAST system proposed; Variances requested from Ch. 360-45 Interim Regulations for the Protection of Saltwater Estuaries, Ch. 360-1 Minimum Setback Distances (16.7 feet separation distance between coastal bank and the proposed MicroFAST tank, 22.4 feet separation between pump chamber and coastal bank), and variances requested from Title 5, 310 CMR 15.00 State Environmental Code. Proposed addition of a 4th bedroom within a Saltwater Estuary District. Chuck Rowland was present. Bill Von Thaden was also present. Mr. Rowland stated the applicant is proposing to replace existing 3-bedroom Title 5 septic system with a MicroFAST pump chamber and leaching field to accommodate the proposed four-bedroom single family home. Mr. Rowland described components including a fast system, H20 1,000 gallon pump chamber, H20 distribution box and a leaching field consisting of 500-gallon chambers. Currently, the site is three bedrooms with a Title 5 septic system, which is not a nitrogen- reducing system. Mr. Rowland noted the proposed improvements at the site, with the addition of the bedroom (for a total of four bedrooms), with nitrogen-reducing technology, will have nitrogen loading of 5.4 parts per million. Mr. Rowland noted that this net reduction of 2.7 parts per million is about a 33 percent reduction in nitrogen to the site. There was no public comment. Thomas McKean questioned how the applicant was going to comply with the ordinance regarding a variance for this property to build a fourth bedroom. Also, Mr. McKean did not hear any explanation of manifest injustice from the applicant. Mr. McKean stated that the same degree of environmental protection would need to be obtained and that one would not exceed five parts per million of the downgradient property line. Mr. McKean further stated the applicant should choose different technology that could meet the standard if he wants to pursue this variance for a fourth bedroom. Mr. McKean stated Health staff had no objections to the other variances. Mr. McKean asked why isn’t the applicant meeting the five parts per million or less at the property line? Mr. Rowland noted that not allowing the proposed septic improvements would result in manifest injustice to the environment. He explained that the property is allowed three bedrooms and is not required to have an I/A system. Mr. Rowland further noted that the existing system currently is producing more nitrogen load to the environment than would four bedrooms with the I/A system. Mr. Rowland noted this property is within Phase II of connecting it to Town sewer. Dr. Luczkow expressed a concern about setting a precedent for adding bedrooms on small lots near saltwater estuaries. Q:\BOH MINUTES\2026\08252026 Minutes.docx After some discussion and upon a motion made by Donald Guadagnoli, M.D., duly seconded by Daniel Luczkow, M.D., the Board voted unanimously in favor, to table this request to September 29, 2026 Board of Health meeting. 7. Sewer Connection/Extension Request: (Continued from October 21, 2025) Mark Sherbertes, owner, 9 Quisset Road, Centerville, MA, Map/Parcel 250-152, Phase 1, SEWH-24-357 - Requesting an extension to connect building to public sewer. Mark Sherbertes was present. Mr. Sherbertes stated his reason for extension is because he lives on the corner of Quisset and Wequaquet Lane, and if choose to go the path of Wequaquet Lane, it would be extremely disruptive to the entire property. Mr. Sherbertes noted a list of potential repairs. Tom Lee noted contacting DPW regarding the connections. Mr. Sherbertes agreed with Tom Lee and noted DPW is working with the Quisset Village Association board and the people that live on Quisset Road. After some discussion, and upon a motion made by Daniel Luczkow, M.D., duly seconded by Donald Guadagnoli, M.D., the Board voted to grant a nine-month extension. (Vote: 4 in favor, 1 opposed – Paul Canniff, D.M.D.) 8. Grease Trap Request: (Continued from June 30, 2026) Jay Patel, representing owner, Cape Cod Hotel, Holiday Inn Express – 1470 Iyannough Road/Route 132, Barnstable, Map/Parcel 274-001, Variance requested from Chapter 322 Food Establishments, Article I Minimum Sanitation Standards, 322-3 Grease Traps, of the Town of Barnstable Code and Section 901-15 of the Town of Barnstable Code. Requesting a variance from the requirement to install a minimum 1,000 gallon in-ground grease trap. Jay Patel was present. Tom Lee stated he met Andrew Boule and Thomas McKean about these issues. Tom Lee noted based on the previous test of the oil and grease results, the number is low, however, the concern is they don’t know when it was taken and don’t know what other things could happen in terms of the washing of the dishes, for example. After reviewing the site plan for the building, Mr. Lee stated there are five abandoned tanks at this site. Tom Lee noted he does not know what the best connection route from the kitchen into one of the existing onsite tanks would be. Mr. Patel stated it was not about whether the tank was there or not and that he had a prior variance. Mr. Patel stated he is still not producing enough grease to be able to do all this work that the Board is suggesting. Mr. Patel noted that the tank was very old and that it was unknown if feasible for use. Mr. Patel stated they don’t produce grease in the hotel, everything is precooked, and that they use paper products and plastic utensils. Dr. Beer noted that the grease emulsifies further down in the public system and that’s what causes the problems. This is where Dr. Beer sees the tank being required. Mr. McKean asked how the stainless-steel pans, where the customer obtains the food, are being cleaned. Q:\BOH MINUTES\2026\08252026 Minutes.docx Mr. Patel stated they use paper towels to wipe any grease from the containers, then dispose of the waste into the trash. After some discussion, and upon a motion made by Daniel Luczkow, M.D., duly seconded by Donald Guadagnoli, M.D., the Board approved variance request subject to no change in ownership. This variance is not transferable. (Vote: 4 in favor, 1 opposed – Paul Canniff, D.M.D.) 9. Food Variance Request: Jay Powell, owner of “JP’s Twisted BBQ,” 485 West Main Street, Hyannis, MA, Map/Parcel 269-223 – Requesting variances to cook outdoors at “Barnstable Brewing.” Food source from “Kam’s,” or inside approved mobile food trailer, “JP’s Twisted BBQ.” Variances requested: • Section 322-5 (5) of the Town of Barnstable Code: Food not prepared within the licensed mobile food unit and kept inside until served as required per this Code. • 2013 Federal Food Code: Outer Openings, 6-201.11 (D) - Submitted plan does not show design and proposed construction of any screens nor any air curtains at any window or door openings, properly designed and installed air to control flying insects at the proposed outdoor smoker. • 2013 Federal Food Code: Outer Openings, 6-202.15 (A) - Submitted plan does not show design and proposed construction of closed tight-fitting windows and solid self- closing tight fitting doors to protect the establishment (proposed outdoor smoker) from the entry of insects, rodents, animals, and from the weather. • 2013 Federal Food Code: Handwashing Sinks, 5-204.11 - Handwashing sink not conveniently located in area of food preparation. Jay Powell was present. Nancy Powell was also present. Mr. Powell stated the food itself is smoked in Meadow Creek smokers, then transferred into his food trailer. Mr. Powell stated there is no food sold from the smokers to the public. These smokers are only being used as cooking vessels. Mr. Powell noted they are close-topped and discussed their procedures with the Board. They get the smokers to a temperature of 275-300 degrees, put the product in, close it, and get the temperature leveled off. Mr. Powell described using a product called “Flame Boss,” which are temperature controllers for each unit. Mr. Powell stated food is served from the trailer. Mr. Powell noted the meats are prepped inside the trailer and that they have hotel pans, cover them, and bring them up to the smoker. When the smoker is up to temperature, he opens it up, and puts them inside, and then closes the top. Mr. Powell described the food warmers he has in the trailer. Mr. Powell stated he has a temporary hand wash sink that he put on a table outside. Mr. McKean stated Health staff had no objections. After some discussion, and upon a motion made by Daniel Luczkow, M.D., duly seconded by Donald Guadagnoli, M.D., the Board voted unanimously to approve food variance request. 10. Temporary Food Event Approval: A. Chawisa Saesua, Event Organizer, representing event “Cape Cod Thai Market” – Aselton Park, 135 South Street, Hyannis, MA, Map/Parcel 326-061, requesting approval of a new temporary food event. Date of event: September 5, 2026. Q:\BOH MINUTES\2026\08252026 Minutes.docx Chawisa Saesua was present. Ms. Saesua stated she is the organizer of the Thai festival. Mr. McKean stated Health staff had no objections. Upon a motion made by Donald Guadagnoli, M.D., duly seconded by Daniel Luczkow, M.D., the Board voted unanimously in favor, to approve new temporary food event. B. Christy Munier, Sturgis Library, representing event “Full Moon Market” – Sturgis Library, 3090 Main St./Rte 6A, Barnstable, MA, Map/Parcel 279-036, requesting approval of a new temporary food event. Date of event: September 26, 2026. Christy Munier was present. Ms. Munier stated this is a one-day market with music, food trucks, artists, and vendors. Ms. Munier stated the food vendors are “Fizzy Potions, “The Compass Rose Café,” and “Wildflower Bakery.” Mr. McKean stated Health staff had no objections. Upon a motion made by Daniel Luczkow, M.D., duly seconded by Donald Guadagnoli, M.D., the Board voted unanimously in favor, to approve new temporary food event. C. Andre Machado, representing Cirque Entertainment II, LLC/Cirque Italia and Cape Cod Mall/Simon Property Group, for event “Cirque Italia” – 180 Falmouth Road/Route 28, Hyannis, MA, Map/Parcel 311-011, requesting approval for a temporary food event. Date of event: October 9-12th. Andre Machado was present. Mr. Machado stated the food items they will have are cotton candy, popcorn, hot dogs, nachos, and water and soda for drinks. Mr. Machado stated there are no fryer or buffet foods. Mr. McKean stated there was one hand washing station submitted on the floor plan. Mr. McKean suggested another hand washing station for the cotton candy and other food items, close to workers. Upon a motion made by Daniel Luczkow, M.D., duly seconded by Donald Guadagnoli, M.D., the Board voted unanimously in favor, to approve new temporary food event with a revised plan showing the two hand washing stations. 11. Temporary Housing Request: Alena Reardon, representing Cirque Entertainment II, LLC/Cirque Italia and Cape Cod Mall/Simon Property Group – 180 Falmouth Road/Route 28, Hyannis, MA, Map/Parcel 311- 001, requesting approval to allow temporary housing (25 RV Trailers) on-site at the Cirque Italia event, per State Sanitary Code, Chapter II, Section 105 CMR 410.440. Jason Huer, General Manager of the Cape Cod Mall, was present. Mr. McKean asked the Board if received a memorandum, dated June 2, 2008, from the Commonwealth of Massachusetts. Mr. McKean noted it was concerning trailers at carnivals and amusements. Dr. Guadagnoli asked if Mr. Huer has seen what the Cirque brings for housing. Q:\BOH MINUTES\2026\08252026 Minutes.docx Mr. Huer answered, “No.” He believed the RV’s are similar to the Cirque Vasquez that was at the Board earlier this year. Mr. McKean stated Health staff had no objections. Tom Lee suggested to provide a photo of the trailer to Health staff. Upon a motion made by Donald Guadagnoli, M.D., duly seconded by Daniel Luczkow, M.D., the Board voted unanimously in favor, to approve temporary housing request. 12. Correspondence: Letter received in the mail from Office of Board of Health, Belchertown, MA regarding nicotine free regulations adopted. Tom Lee noted that a one page letter was received. It is in the packet for the Board members to review. 13. Minutes: A. June 30, 2026 Board of Health meeting Upon a motion made by Donald Guadagnoli, M.D., duly seconded by Daniel Luczkow, M.D., the Board voted unanimously in favor, to approve June 30, 2026 meeting minutes. B. July 28, 2026 Board of Health meeting Upon a motion made by Donald Guadagnoli, M.D., duly seconded by Daniel Luczkow, M.D., the Board voted unanimously in favor, to approve July 28, 2026 meeting minutes. 14. Adjournment Tom Lee stated the next four hearings, beginning September to December, are remote hearings by Zoom. Upon a motion made by Daniel Luczkow, M.D., duly seconded by Donald Guadagnoli, M.D., the Board voted to adjourn. (Unanimously in favor). Adjourned at 4:32 P.M.