TOWN OF
Phone# (508) 234-3272 Fax# (508) 234-0821
The Northbridge Board of Health approved these
minutes at a meeting held
This meeting was
called to order at
Minutes: A motion was made by Mr.
Cella to accept the minutes of
Title 5 –
Mr.
McKeon asked if the pumps and alarms for the septic system have been tested and
are working properly. Mr. Malley stated that they are. It was noted that the
quarterly pumping of the tank and grease traps are not due yet, however, Mr.
McKeon stated that he wanted to know what the volume was in the grease trap at
the compactor pad when the pump occurs. Mr. Loin stated that Apex Environmental
will be handling the coordination of the pumping and inspections at this
facility.
Mr.
McKeon questioned the pumping of the 30,000-gallon tank and how that was to
occur. Mr. Loin stated that they will likely pump just the layer of scum and
try to pull some of the sludge off the bottom of the tank. Mr. Malley asked if
Wal-Mart was aware of the requirement to coordinate these pumps with the Board
of Health. Ms. Drea stated that they are. Mr. Loin stated that he intends to be
there for the first pump as well.
Mr.
McKeon stated that the Board was in receipt of a calculation of average
condensate that will enter the floor drains. The average was 295 gallons per
day. He stated that neither he nor Mr. Malley had an issue with that amount.
Mr.
Loin stated that he had provided Mr. Malley with the specifications for the
trap-primers. These are the mechanisms that squirt water into the floor drains so
that they don’t dry up. Mr. Loin stated that whenever the faucets are turned on
there is a small squirt of water that is directed into the drains.
Mr.
McKeon asked if Mr. Hutnak had anything to say. Mr. Hutnak stated that he was
all set and that he had submitted the Certificate of Compliance. Mr. McKeon
asked Mr. Malley if he was all set and Mr. Malley stated that he was. Ms.
Gniadek reminded the Board that they have on file a letter from Heritage Design
stating that they do not authorize the connection of the floor drains to their
septic system. Mr. Hutnak stated that he has composed a letter deferring the
matter of the floor drains to the architect and the Board of Health. Mr. Loin
stated that the problem is that Title 5 does not address floor drains. Mr.
Malley stated that the floor drain code states that floor drains should not be
connected to septic systems and the plumbing code requires that floor drains be
installed in food prep areas. Mr. Malley stated that the letter from Paul Parks
Engineering, the architects, indicates that they would stand by the connection
of the floor drains to the septic. Ms. Gniadek stated that this is where the
conflict arises – how can the architect authorize the connection of floor
drains into a septic system designed by an engineer that refuses to authorize
the connection of these drains to their design.
Mr.
McKeon asked Mr. Malley what DEP has to say about this. Mr. Malley stated that
Title 5 regulations do not address it. Floor drain regulations do not authorize
the connection to the septic system. Dave Boyer, DEP, has stated in an email
that sometimes Title 5 is about what Title 5 doesn’t say. So floor drains
cannot have any type of solvent entering them, but these drains collect
condensate (water) and water waste from the food prep areas. Mr. Malley asked
Mr. Hutnak if he would be willing to put in writing that the water entering the
floor drains is acceptable. Mr. Hutnak stated that he would not. Mr. Loin
stated that Mr. Hutnak is only responsible from 10-feet out from the building.
It
was noted that Wal-Mart currently has only a temporary occupancy permit.
Mr.
McKeon asked if the septic design was based on retail space. Mr. Hutnak stated
that it was. DEP has since changed Title 5 regulations to include supermarkets
but Mr. Hutnak stated that this plan was approved prior to that change. Mr.
McKeon commented that the system was designed without regard to whether it was
a furniture store or a grocery store. Mr. McKeon asked what the new regulations
would have required. Mr. Hutnak stated that he did not know.
Mr.
Hutnak stated that in the letter he prepared he deferred the floor drains to
the architect and the operations and maintenance plans for the store would be
deferred to the Board of Health. Mr. McKeon stated that the Board of Health is
not going to assume the responsibility.
Mr.
Hutnak stated that he did not see a problem with the floor drains being
deferred to the architect. Mr. Loin agreed stating that the architect has
jurisdiction, control and authority over the construction of the building under
their architectural license in
Mr.
McKeon stated that the contractor that installed the system had an
anti-pollution policy that would cover the system for breakout into the surface
drains. Mr. Loin stated that there are three monitoring wells on the property
that would alert them to any groundwater concerns.
Title
Motion made by Ms.
Thompson to require a 2-BR deed restriction for this property to allow for the
proposed addition. Motion seconded by Mr. Cella; the vote was all in favor.
Title 5 – 48
Prescott Road: Based on the documentation on file in the Board of Health office
regarding the addition of one bedroom to the main house and the conversion of
the garage into a 2-bedroom rental property and the lack of any response from
the property owner of her attorney, the Board discussed options available to
them including issuing a condemnation notice on the rental property.
Motion made by Mr.
Cella declare the system a threat to public health and to issue an Enforcement
Order requiring that the process to upgrade the septic system in accordance
with Title 5 regulations be initiated within 90 days. Motion seconded by Mr.
Chase; the vote was all in favor.
The
Board reviewed the most recent inspection report for this food facility. It was
noted that at the time of inspection there was no hot water available. Ms.
Gilchrist informed the Board that this is the second time that she has been to
this establishment to conduct a routine inspection where there has been no hot
water.
Mr.
McKeon stated that if a subsequent inspection reveals no hot water then Ms.
Gilchrist will order the replacement of the hot water heater.
Mr.
Cella asked if the issue of smoking within the establishment as cited in the
report has been addressed. Mr. Delaura stated that the employee was not smoking
in the establishment but that he had taken the trash out and when coming back
into the establishment he put his cigarette out and then placed the butt in the
trash can that he brought back into the store.
Mr.
Delaura stated that he is typically about 20-minutes away from the
establishment. Mr. McKeon asked Ms. Gilchrist to contact Mr. Delaura when she
is entering the establishment to conduct her inspection. Ms. Gilchrist agreed
to do that.
Mr.
McKeon informed Mr. Morcos that the Board is required to pay its agent for her
time to conduct these re-inspections. In the future, Mr. Morcos should request
an extension of time for repairs if he cannot meet the re-inspection schedule
of Ms. Gilchrist.
Ms. Thompson
motioned to charge a non-compliance fee of $50 for both the 2nd
& 3rd re-inspections conducted by Ms. Gilchrist. Motion seconded
by Mr. Chase; the vote was all in favor.
Peg’s Diner –
Request for Extension: Mr. Mike Bronson appeared before the Board to request an
extension of time to comply two items in the Order to Correct Inspection Report
of Ms. Gilchrist that was performed on April 28, 2007. These items are the
replacement of the storage unit attached to butcher block and the replacement
of linoleum under the milk dispenser.
Ms.
Gilchrist informed the Board that she had no problem with the Board granting an
extension of 90 days for these items.
Motion made by Mr.
Cella to grant a 90-day extension for the correction of these items. Mr. Chase
seconded the motion with an amendment that would provide Mr. Bronson with more
time if needed by simply contacting the Board of Health office with that
request. Vote on the amended motion was all in favor.
Mary Ann’s
Catering:
Ms. Gniadek informed the Board that Ms. Morrissette had responded to the
Board’s recent letter requiring her to obtain a permit for her advertised
catering business. Ms. Morrissette had come into the Board of Health office
with a food permit application to operate her catering business out of her
home. Ms. Gniadek explained to her that only non-potentially hazardous foods
could be prepared under a Residential Kitchen Permit. Ms. Gniadek had advised
her to look into using a facility that is already licensed or that is capable
of being licensed by the Board of Health. She stated that she sometimes uses the
VFW kitchen in Uxbridge and that she would check into that.
Mr.
McKeon stated that now that it has been confirmed that she is operating out of
her home kitchen, the Board should order a cease & desist order to protect
the public health and advising her that she cannot operate out of her home. Mr.
Chase stated that the Board should also require that she appear before them to
discuss this matter.
Motion made by Mr.
Cella to issue a Cease & Desist order to Mary Ann Morrissette dba Mary
Ann’s Catering at 16 Birch Street, Whitinsville. Motion seconded by Mr. Chase;
the vote was all in favor.
Motion made by Mr.
Chase to require that Ms. Morrissette appear before the Board of Health at the
next meeting to address this issue. Motion seconded by Mr. Cella; the vote was
all in favor.
Concession Stands: Mr. McKeon informed the
Board that he and Ms. Gniadek had attended the Parks & Recreation Committee
meeting on April 26, 2007. Ms. Gniadek had prepared Concession Stand Guidelines
to be followed. Mr. McKeon stated that the Parks Committee was going to
sub-lease their concession stand and that they would inform each group of the
Board of Health requirements.
Ms.
Gniadek and Ms. Gilchrist conducted inspections of the Vail Field and American
Legion concession stands on April 27, 2007. Both structures need to finish the
interior walls and ceilings with a washable material. The Legion stand also
requires the installation of a washable flooring material.
Both
stands were granted permission to operate with the limitation of the sales to
pre-packaged foods and beverages and the preparation of hot dogs on a grill
outside the facility. The Legion is also selling slices of pizza bought from a
local pizza restaurant as long as they can maintain the food product
temperature.
Mr.
Bruce Frieswick of the Parks and Recreation Committee appeared before the Board
to request a comprehensive list of what needs to be done to bring the
concession stand up to code. He itemized building, plumbing, and electrical
concerns that have been brought to his attention by the Building Department. He
now wants a list from the Board of Health.
He
was informed that until he supplies the Board of Health with his menu
intentions, then the Board cannot develop a comprehensive list of improvements
necessary at the concession stand.
In
other business, the issue of the installation of an outdoor spigot and/or
bubbler at the Vail Field concession stand was discussed. Ms. Gilchrist
strongly opposes the installation of an outdoor faucet at this stand. Mr.
Garabedian agreed with Ms. Gilchrist. The Board informed Mr. Frieswick that the
Board will not allow the installation of an outdoor faucet at the Vail Field
Concession Stand.
Ms.
Gilchrist stated that she had also recently conducted an inspection of the
A
memorandum to the Parks & Recreation Committee updating them on the
findings of this office regarding the concession stands shall be sent.
Newsletter to
Food Establishments: Ms. Gniadek provided the Board with what she hoped would
be the first of a series of semi-annual newsletters to food establishments. She
stated that there have been a few issues that needed to be addressed and rather
than sending some type of memo she thought the idea of a semi-annual newsletter
would be more interesting. Ms. Gilchrist has been involved in the process as
well and has ideas for future topics. Mr. McKeon suggested that the newsletter
be sent at permit renewal time and again mid-year. Mr. Ted Kozak, Town Manager,
suggested that the newsletter also be included on the Town of
A motion was made
by Ms. Thompson to approve the semi-annual newsletter. Motion seconded by Mr.
Chase; the vote was all in favor.
Berkowitz
Trucking – Semi-Annual Inspection Report: A copy of the Semi-Annual inspection report
prepared by Norfolk Ram Group for Tom Berkowitz Trucking was received and
reviewed by the Board. No action necessary by the Board.
Old & New Business: Ms. Gniadek informed the Board that the DEP has dis-approved of their
recently adopted Outdoor Furnaces Regulations due to the lack of a proper public hearing. Ms. Gniadek apologized for
this error as she believed – based on the MAHB legal handbook for Boards of
Health – that only Title 5 regulations required a public hearing. Mr. McKeon
stated that he is meeting with Mr. Malley to review some amendments to Title 5
and suggested that the Board hold just one public hearing to address both
issues.
In other business, at the
request of the Town Manager due to concerns raised by the Board of Selectmen,
Timothy Deschamps, Executive Director of the Central Massachusetts
Mosquito Control Project will give a brief
presentation to the Board of Selectmen on June 4, 2007.
Correspondence:
Correspondence dispersed to the Board included:
1.
Geoflow, Inc. –
alternative subsurface sewage disposal system informational seminar
2.
3.
Berkowitz
Trucking – Wood Chipping Notice – May
There being no further business, motion to
adjourn by Mr. Chase, seconded by Ms. Thompson – all in favor.
Meeting was adjourned at 8:45 PM.
Attested by,
Jeanne M. Gniadek, Administrative
Assistant