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Home My WebLink AboutBOH Minutes 5/20/1993BOARD OF HEALTH MINUTES + -�J May 20, 1993 MEMBERS PRESENT: Chairman Michael VanSplinter, Peter Fontanini, Henry Austin, Donald Steele and Carol Sosman ALSO PRESENT Health Agent Scott Leite 1. CALL TO ORDER at 7:30 PM by Chair VanSplinter in the Mansfield Town Hall 2. CONSENT AGENDA a. Approval of Minutes of May 6, 1993 b. Approval of Food Service Permits: Codex Corporation, Bldg. 4 Codex Corporation, Bldg. 2 Codex Corporation, Bldg. 1 Kendall Company, Bldg. 1 Willowdale Golf Course Ro- Jack's Food Stores (pending positive inspection) Holiday Inn Mansfield Service Systems Corp /Marriott FSM Div. Newport Creamery Sweet & Crafty Choi Wah House Sarro's Market Roscoe's Cafe The Fresh Catch, Inc. Stefano's Sandwich Shops Taxi -Inn Restaurant Bernie's Ltd. Restaurant Honey Dew Donut Town of Mansfield -- Recreation (waiver of fee) Mansfield Council on Aging (waiver of fee) Maxmillans King's Kitchen Mansfield Little League Dugout (waiver of fee) Old Country Store Canoe River Campground Wendy's Cape Food, Inc. Mansfield School Lunch Program at Mansfield High Mansfield School Lunch Program at Qualters Middle Mansfield School Lunch Program at Robinson Elementary Mansfield School Lunch Program at Jordan - Jackson Elem. Ladonna Restaurant, Inc. c. Approval of Bakery Permits: Fran's Apple Pies Montione's Italian Cookies d. Approval of Mobile Food Permits: Don's Diner, Inc. LaCroix Food Service, Ltd. (2) Mansfield Council on Aging (waiver of fee) Board of Health Page 2 May 20, 1993 Sue's Ice Cream Mansfield Lodge of Elks 2633 (waiver of fee) Car Wash Pros Frostie Delight e. Approval of Caterer's Permit: The Fresh Catch, Inc. f. Approval of Milk & Cream Permits: VFW Canteen Div. of TW Services, Inc. g. Approval of Retail Food Permits: Shaw's Service Center Romp, Stomp & Tumble, Inc. Canoe River Campground F &W Inc., Dub's Discount Liquors Chek Farm Brooks Pharmacy #824 Member Sosman suggested the following amendments to the minutes: P9.2, 5.b. "10 Erick Rd. has been tied into sewer." P9.3,d. "Chair VanSplinter asked the Health Agent to identify and calculate some measures of avoided contamination from the collected materials in order to make the data on collected wastes more informative to the general public." Pg.3,e. park.... as orignally recommended by the Solid Waste Study Committee,..." MOTION: To approve Consent Agenda with amendments to Minutes of May 6th and addition to Ro- Jack's food service permit, "pending positive inspection ". Steele /Fontanini. All in favor. VOTED. 3. COMMUNICATIONS a. Letter from Jacqueline Purcell, 220 Essex St., May 7, 1993 re: variance from sewer connection reg. Hearing scheduled for 7:45 PM tonight. b. Copy of letter from BOH to Ms. Purcell, May 13, 1993, with hearing date for variance to sewer reg. c. Form letter to Wellness Fair Participants, May 17, 1993, thanking them for attending. d. Form letter from Bristol County Mosquito Control Project, re: spraying schedule. e. Copy of memo from Wm. Williams, Town Mgr., to Joan Cutillo, Treasurer /Collector, May 17, 1993, re: sewer reg. f. Copy of memo from Joan Cutillo to Wm. Williams, May 19, 1993, re: sewer reg. response. Board asked if Mrs. Cutillo could attend a meeting and explain. Chair asked Agent to investigate a mechanism to ensure that reg is C being adhered to under the Transfer of Ownership section. g. Letter from RIM Engineering, re: Lot 1, So. Main St., re: variance from sewer reg for Balcom Realty Trust. Hearing scheduled at 8:00 pm tonight. h. Copy of letter from Hatheway & Patterson Co., County St., May 12, 1993, to Interested Parties, re: closing of H -P on or about May 21, 1993. Board of Health Page 3 May 20, 1993 i. Tobacco Access Law News, April 1993. j. National Assoc. of Local Boards of Health News Brief, April,'93. k. Memo from Wm. Williams, Town Manager to Board of Health, May 12, 1993, re: Work plan for area behind highway garage and leaf compost site. Agent commented that the work plan submitted is what he wanted to achieve through his correspondence to Town Manager. 1. Memo from Wm. Williams to Bd. of Select. and Bd. of Health, May 11, 1993, re: joint on -site meeting at DPW garage and leaf compost site. m. Copy of memo to Wm. Williams from Bob Swanson, DPW Director, May 10, 1993, re: DPW Garage and Compost Site. n. Copy of memo to Wm. Williams from Health Agent, May 10, 1993, re: DPW Garage and Compost Site. 4. VISITORS At 7:45 PM a hearing was held for Jacqueline Purcell, 220 Essex St., for a variance from the sewer connection reg. The house is 8 yrs. old, 2 person occupancy, 200' setback, stone wall in front and large trees on lawn, possible root damage to others if trees removed, and significant disturbance to property to hookup were her reasons for the variance. Member Austin asked if the proposed buyer was paying for the hookup. Ms. Purcell replied that she was responsible for it. Agent recommended that the Board really could not make a decision on the variance, since they did not have any construction estimates. Firs. Purcell asked how they would they base their decision on the estimates when the Board really did not know her financial background. Chair responded that each case would be judged on its own merits. Hearing will be continued to June 3rd at 8:00 PM at which time Mrs. Purcell will submit two estimates for hookup. At 8:09 Alan Brown, Balcom Realty Trust present to ask permission to allow subsurface sewage disposal on a lot and request a variance from the sewer connection reg. He has built a house on Lot 1, South Main St., with an approved Form A plan, to be sewered. Unfortunately, the State has changed its application form and there has been a delay; therefore, the Town cannot approve the hookup to sewer until the State does. So, Mr. Brown is requesting permission to install a septic system, because time is running out to the buyer's date of occupancy. After discussion of different alternatives, the Board suggested that Mr. Brown and Health Agent agree on a solution for a temporary system that fits under Title V. The house must tie into sewer as soon as the line is installed to service the proposed subdivision behind this Form A lot. Mr. Austin was opposed to this solution, because he felt that this was not a hardship for Mr. Brown, because of a change in seder installation forms at the State level. Hearing was closed at 8:35 PM. Board of Health Page 4 May 20, 1993 MOTION: To grant a variance from sewer connection reg. on a short -term basis. Thirty days from date that Town approves sewer connection, house must hook up to sewer. A 1,000 gal. tank will be installed and later converted into a manhole, and the flow rate will be relaxed to 100 gals /day. A $1,000 bond for connection will be posted. Sosman /Fontanini. 4 -1, Austin opposed. VOTED At 8:35 PM, Bud Nugent, 560 Ware Street, was present to request a variance from Title V. His lot does not perc and his septic system must be repaired before his closing to sell on June 30th. After discussion about the size of the leaching field, limiting the house to no garbage disposal or dishwasher and to two bedrooms, the following motion was made: MOTION: To approve the variance from local sewage disposal reg and to have the restriction of limiting home to two bedrooms filed with Registry of Deeds. Steele /Austin. All in favor. VOTED 5. HEALTH AGENT'S REPORT a. DPW Garage & Leaf Compost: Agent inspected on May 18th and it does not resemble the site when the Board was there. Agent thinks that they are going beyond what they have to do. b. Suzanne's Bakery: Agent inspected. Application not yet received. Wants to open for Mansfield's Sidewalk Sale Day on Saturday, May 22nd. MOTION: To approve pending submission of application. Fontanini /Austin. All in favor. VOTED c. Health Agent's Vacation: Agent reported that last year the Board sent a letter to all septic installers stating that during the Agent's vacation, inspections would be on hold, or that the builder could hire his own engineer to do the open hole and final inspections. Last year is worked well. MOTION: To rescind motion approved on May 6, 1993 that read, "To send a letter to Town Manager requesting that Building Inspector cover for Health Agent in his absence ". Fontanini /Austin. All in favor. VOTED { Agent reported that Building Inspector will cover for emergencies. d. Fee Change for Retail Food Permits: Agent said that Mobile Food Permits had been change to $50.00 and that Food Service Permits had been Board of Health Page 5 May 20, 1993 changed depending on size of counters. Board might consider increasing Retail Food Permits to $50.00. MOTION: To amend Retail Food Permits to $50.00 effective June 1, 1994. Fontanini /Austin. All in favor. VOTED e. Retail Food Permits for Small Service Station Stores: Will be discussed June 3rd meeting if they need a retail food permit. f. Atty. Joe Hannon's Payment: Money is exhausted in the Town Counsel account, so Selectmen have asked for a transfer from Reserve Account and Atty. Hannon will eventually be paid. g. The Elms Subdivision: The report on extended pump testing does not address the Board's original concerns. This report only shows that the Elms Subivision is within a Zone II. The trial is June 16th. Agent will respond to Planning Board and Town Counsel with his opinion of the report. Town Counsel needs a vote from the Board. MOTION: To continue its denial of the Elms Subdivision. Fontanini /Austin. All in favor. VOTED h. Mansfield Meadows: Former Bristol Arms Apartments will tie into sewer. i. 171 Ware St.: Is coming along (septic repair). Agent has been out with engineer. Pumps will be reset so that they dose gradually, rather than pour out all at once. j. Alladan Kennels, West St.: Agent received call from a neighbor who has been disturbed by the dogs barking. Neighbors feel this is a nuisance. Members VanSplinter and Sosman reported some of the points made at the dog hearing with the Selectmen. Board asked Agent to gather info, regs, and laws that might be pertinent for the Board to review. k. Parson, Goward Drive: System installed, as -built plan submitted and approved. 1. Brugliera, Goward Drive: Agent received court order to enter onto Mr. Brugliera's property to dig a test hole and install a monitoring well to determine groundwater levels. Hole will be dug on Thurs., May 21st, between 10 -11 a.m. Town will remove well and restore land at their expense. m. Mr. Bobrowski, 41 Fredric Lane: Mr. Bobrowski wrote a letter to the Agent requesting that something be done to clean up the debris on the lot adjacent to his. Lot is unbuildable; Agent will send letter to owner to clean it up. j. Peres /Plans: 31 peres and 74 plans - -so far. Board of Health Page 6 May 20, 1993 6. OLD BUSINESS a. Old Colony Diner: Member Steele complained that the Diner is deteriorating, i.e., floors filthy, etc. Agent will inspect. b. Nonny Boys: Nonny Boys is also deteriorating. Agent will inspect. Agent commented that there have been no compromises when he inspects enforcing the proper way to handle food, even though the rumor is Dunkin Donuts is taking over. What may be deterioriating is the appearance of the restaurant - -not the food handling methods. c. Chairman's Meeting: Member Austin attended. Selectmen's Chair Pasquale suggested that copies of the smoking reg be sent to each board and committee. Agent replied that it is the Town Manager's jab to enforce the smoking reg for the Town Hall. In fact, Agent is aware that the Town Manager will recommend a policy for the Selectmen to make the Town Hall "smoke- free" as the School Committte has done for Mansfield Public Schools. FI 11411.11,6111L*ft a. Interpretation: Chair VanSplinter suggested a policy that individual board members not attempt to interpret regulations, but that it allows that Health Agent to do so. Member Sosman objected to a formal policy, because she feels that if the Board voted on a regulation, the Board should be knowledgeable of the reg to answer questions. Chair suggested to make it a practice, rather than a policy. b. Selectmen's Bi- Monthly Meeting: Chair VanSplinter and Member Sosman attended. Items discussed were solid waste, road between recycling park and compost area, non - criminal disposition (town meeting), household/ auto hazardous waste collection day. c. Hepatitis A: Member Steele reported that according to CBS News, Hepatitis A is on the rise due to poor handwashing of restaurant employees. Member Steele also reported that people in the gay community are no longer practicing safe sex, and that an outbreak of AIDS is expected. d. Used Car Lot on Copeland Drive: Member Steele asked if the Board gets involved with oil or gas drippings from used car lots, specifically, he referred to the one on Copeland Drive? Where do car dealers get rid of their used oil? Agent replied that their oil is picked up and disposed of and tracked through the manifest system. Copies of the manifest form goes to the State and a copy back to the origin of the oil. e. Procedures for Variances: Agent recommended that at a workshop the Board discuss and formulate methods and procedures for the applicant apply- ing for a variance under the sewer and /or smoking regulations. At this point, it is unclear as to what the Board is looking for. Member Sosman asked if there is a mechanism to verify that what they are telling is fact? Board of Health Page 7 May 20, 1993 8. ADJOURNMENT MOTION: To adjourn at 10:35 PM. Fontanini /Austin, All in favor. VOTED. Respectfully submitted, Dianne Royle Recording Secretary NEXT REGULAR MEETING: JUNE 3, 1993 AGENDA ITEMS: 7:45PM Variance -Honey Dew - Smoking Reg Retail Food Permits Summer Schedule Clerk