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HomeMy WebLinkAboutBrd of Health 02/01/2001 r T01!!M ~ECE!YED , I, '" ,-. f r:"R'. ,', C' 0 J-F I " l. '", .,"1 r- CE . ..... ,J ~ o I HA Y 2 5 ~H 1/: 08 Members Present: Phil Giangarra, Chairman, Ray Martin, Clerk, Da'4efA'~Jt'L1J Jim Leonard (arrived at 7:05PM) MASSACHUSETTS A Iso Present: Health Agent, Scott Leite BOARD OF HEALTH FEBRUARY I, 2001 MINUTES 1. CALL TO ORDER at 7:00 PM by Chairman Giangarra, Town Hall, 2nd floor. r 2. CONSENT AGENDA a. Approval of Minutes of January 4,2001 b. Approval of Disposal Works Installers Permit for 2001: M. Pacella Excavating d. Approval of Haulers Permit: N.E. Ecological Development, six trucks e. Approval of Residential Kitchen Permit: Amy Tarlton, Amy's Collegiate Cookies f. Approval of Food Service Establishment Permits: Sodexho Marriott Services @ Helix Technology Corp. Rojack's Food Stores, Inc. Cafe on the Common (pending kitchen inspection) MOTION: To approve Consent Agenda as sumbitted. Martin/Jones. 3-0 PASSED 4. COMMUNICATIONS 1. Letter from Carla Foley, La Donna Restaurant & Cafe, rec'd Jan. 31, 2001, requesting a variance from Smoking Regulation. 2. Letter from Attorney Frederick Giandomenico for Peter Chan, Tahana Restaurant, Jan. 31, 2001, requesting a variance from Smoking Regulation. 3. Letter from Charlotte Troy, Jan. 18, 2001, requesting a variance from Housing Code to allow the back door entrance to remain unlocked. 4. Letter from American Cancer Society, Jan. 25th commending the board for their decision to make Mansfield's restaurants smokefree. 5. Copy letter from DEP to Town Manager, Jan. 19, 2001 re: 500 East St. and initial permit application being complete. 6. Copy letter from DEP to Sun Chemical Corp., Jan. 17, 2001, re: 320 Forbes Blvd., Notice of Inspection for hazardous waste, air quality industrial wastewater and toxic use reduction status. - ., ... 'p- .- . - . .. . - , ~.._,., ~ ", . n .1. IT Page 2, Board of Health Minutes, February 1, 2001 r 7. Copy letter to Daimler Chrysler from Phillip Schuster, Compliance Inspector, Tobacco Control, Jan. 10, 2001, re: violations with Mansfield's Smoking Reg, such as, ashtray in locker room, lack of "no smoking" sign, designated smoking area is in a common area. 8. The IT Group, Jan. 10, 2001, former Gorham Silver Site, Phase V Inspection and Monitoring Report. 9. The IT Group, November and December 2000 monitoring reports. 10. December 2000 Tobacco Control Activities Report. 11. Article for 2001 Annual Town Meeting for HHW Day, $15,000. 5. VISITORS At 7:20PM Chairman Giangarra opened the hearing for a request for a variance under the housing code requested by Charlotte Troy owner of 171 Ware St., to allow the back entrance doors to remain unlocked. Mrs. Troy said that for the safety of the children who live in the complex, it is best to keep the doors unlocked since the children are in and out all day. The doors have always been unlocked and there have been no complaints. Agent responded that older apartment buildings such as this do not have locking rear entrance doors. Chair closed the hearing at 7:23PM. r MOTION: To grant the variance to allow the rear entrance doors at 171 Ware St. to remain unlocked. Leonard/ Jones. 4-0 Passed 5. HEALTH AGENT'S REPORT - Q. 9-11 Allen St.: Owner Walter Day has complied. A letter was submitted from a registered structural engineer stating that the addition with the fieldstone foundation is safe. The complaint has been dismiSsed. Agent is considering imposing the court fees on the landlord when housing issues must be brought to the court level, when the landlord refuses to correct the violations. It seems that the landlord complies with the order after the complaint is taken out. b. Hercules Dump Site, Stearns Ave: Agency for Toxic Substances and Disease Registry issued their draft report and concluded that there is no health threat from the Hercules Dump. Municipal and private wells were tested and there is no evidence of contamination. Hercules and the Licensed Site Professional will review this report and make comments. c. 60 Pine St.: It has been about 60 days since Ms. Savini appeared before the Board. The house is still not on the market. Attorney Joe Hannon is preparing the complaint against the installer who illegally repaired the cesspool. He asked if the n '_._ "",' -", ~ ' . .- .-;-... ,--.--... ~ -.- ~.... -~.-....-~.:'~-.,..,--.~~---'_.:~-- -----.,~....~ -...' --. <. ".' ',-. .;" . ,; " j - --:----... '--'- - -~." . Page 3, Board of Health Minutes, February 1, 2001 r Board wants to include the owner in the complaint. The Board agreed. Chair asked the Agent if he has contacted Ms. Savini. Agent replied no. d. Tweeter Center License: Agent met with Selectmen and suggested that the number of port-a-jons could be in the entertainment license based on the open air parking lot permit policy. Also, the sound issue could be addressed with Tweeter funding a sound consultant who will measure low rumbling pitches that disturb residents. That has never occurred. Tweeter measures the sound at the top of the lawn through a sound meter onsite. e. Household Hazardous Waste Day: Agent submitted article for 2001 Annual Town Meeting warrant for $15,000. The HHWD will remain open until 3:00PM and will occur on the first or second Saturday in April. The Request for Proposals have been sent to five companies and has been published in the Sun Chronicle. Company and date will be announced at the March 1st meeting. f. Model Reg for Body Art: The State has developed a model regulation for body Art (tatoo). Agent recommends that the Board adopt a regulation in anticipation if a body art business comes to Mansfield. Board agreed. r 6. OLD BUSINESS Board will discuss the proposed regulation requiring toilet facilities when Member Madan returns. Smoking Variance Criteria: Board discussed at length and in detail the criteria for submission of a variance request under the newly revised smoking regulation. Board agreed that it is inappropriate to ask for a dollar figure for loss of business since this reg is to protect public health, and a dollar figure should not be linked to public health. Board agreed to the following fo be included when a variance is requested: 1. Submit plans showing separate ventilation systems in bar and eating area. 2. Submit plans showing structural changes, if any. 3. Demonstrate financial hardship for physical changes to restaurant/bar. Burden of proof must be on the owner of the establishment. The Board's intent of the regulation is to limit people's exposure to second-hand smoke. Member Leonard suggested that Mrs. Doucette., Tobacco Control, contact some Cape Cod communities, since their restaurants are smoke-free. They may have variance criteria and procedures in place. - r Page 4, Board of Health Minutes, FebnJary 1, 2001 Board agreed that the regulation will take effect February 11th, 30 days after published in the newspaper, even for those two restaurants that requested a variance. A letter will be sent to Ladonna and Tahana with the criteria for a variance request and state that the regulation takes effect on February 11, 2001. 7. NEW BUSINESS None presented. 8. ADJOURNMENT MOTION: To adjourn at 7:50PM. Leonard/Martin. 4-0 PASSED Respectfully submitted, Dianne Royle, Recording Secretary r NEXT MEETING THURSDAY, MARCH 1,2001, 2ND flOOR, 7:00 P.M. ==-- ~~ Clerk c::;;/ fl / I C.tlfi ( Date - ~..---.- ..... .,'...... "'--~""'--'~"- '7" ,,,,~,,~~,,,r.-: "':'~---.........~~ ':. ':'. _ .......--;'::_.. - -. "