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September 4, 2007
BY CERTIFIED MAIL / RETURN RECEIPT REQUESTED
Ms. Susan Sawyer,
1600 Osgood Street
North Andover, MA
Public Health Dir.
01845
Re: Butcher Boy Meat Market, Inc.
Dear Ms. Sawyer:
KI7
SEP 4 6 2007
TOWS,� --i
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HE; ucf',=Rr [,,ENT
We represent Butcher Boy Meat Market, Inc. I understand
that the Board of Health is seeking an update regarding my
client's plans relating to the trailers located behind the
facility at 1077 Osgood Street, North Andover, MA.
As I think you know, my client had intended to construct a
walk -in -freezer in the space formerly occupied by Bella Vita.
That plan has not worked out, for various reasons. Therefore, it
appears that the trailers will be used for the foreseeable
future.
I have reviewed a letter dated December 22, 2006, from Ms.
Kim Foley of the Massachusetts Department of Public Health to you
regarding the trailer issue. Ms. Foley states that there is no
specific prohibition about using the trailers in the fashion they
are being used today. With that in mind, my client believes that
the trailers -- as recently modified -- provide safe and sanitary
storage of the meat products sold to the public. If, however,
there is a specific concern or finding regarding that issue by
the Board of Health, my client is more than willing to address
it. At present, however, we believe that Butcher Boy's operation
meets all applicable local, state and federal guidelines for the
sale of food products to the public.
l.atPfPrey & Smith, l • l..
Ms. Susan Sawyer, Public Health Dir.
September 4, 2007
Page -2-
In sum, we ask that you notify us of the basis for any
specific objection to the continued use of the trailers.
Otherwise, my clients intend to continue to operate them, as they
provide safe and sanitary refrigeration for the products which my
clients sell.
Thank you, and please contact me if you have any further
questions or concerns.
Very truly yours,,.
Matthew A. Vafre,
CC: Client
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1077 OSGOOD STREET
NO. ANDOVER, MA 01845
PHONE: (978)-688-1511
FAX: (978)•685-5640
FACSIMILE TRANSMITTAL SHEET
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FAX ER: TQTAL ES IIVCL[TDING COVER
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NOTES/COMMEMB.
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Pagel of 3
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From: atbrown1000comcastnot
To: ssawyer@townofnorthandover.com
Cc: 881077(MAOLCOM
Sub)ect: Re: FIN: Butcher Boy ATTENTION ALAN YAMEEN
Date: Thu, 22 Feb 200710:17 PM
Attachments:
addendum -Butcher, Boy.doc (2 i K) Purchase_OrdE!r Butcher Boy.xls (191() DoC1.doC (685K)
Susan,
Per our conversation this afternoon I gun seredinq you an addendum to be added to
the project proposal that I gave you on Feburary 20 2007 please note that all
changes and addition have been approved by Thomas Yameen.
Thank you
Allen T grown
-------------- Original message -------------------- --
From: "Sawyer, Susan"<ssawyer@townofnorthandover.com>
> > -----Original Message-----
> > From: Sawyer, Susan
> > Sept: Thursday, February 22, 2007 1:40 PM
> > To: Sawyer, Susan
> > Subject: RE: Butcher Boy
s >
> > Allen
> > AS you were informed by my message sent via Michele Grant, the response to
_ my
> email yesterday was not adequate and I requested a meetinq. Apparently, you
> contacted Tom in regards to the outstanding issues that you may not be aware
of.
> > Tom Yameen just called me and the following was identified,
> > 1) After approval, Butcher Boy is proposing to move the location of 1'-2
> approximately 50 feet towards the Perfecto's end of the plaza. If there is
still
> a nuisance complaint they will look into compressor upgrades. S. Sawyer noted
> that if an electrical permit is warranted that he must file for one with the
> Building Dept.
> > 2) It is understood that there io currently no approval for all the work you
> are in the process of doing, Only for the walls and ceilings. A letter of
> approval is still needed and you are proceeding at your own risk without one.
> > 3) once T-2 in approved for reintroduction of food, T-1 will be taken off
line
> and moved behind Perfecto's. There will be no plan for refurbishing at this
> time, Future consideration to use this unit for food storage will be brought
> first to the BOH.
> > Tonight, would you please review this and put together a quick addendum for
> your packet including these elements and any others that you may have not
> thought to mention to me or Michele.
> >
> > I will review it in the AM and should be able to write a response
immediately.
> This approval will satisfy the needs of the Board and will give us all a
comfort
http://mail l .webmail.aol.com/23823/aol/en-us/mail/display-message.aspx 2/23/2007
010/20n rl nVgggGgpJg(yHa) fins iaiinnnn rr r..i on— ,�
Re: FW: Butcher Boy ATTENTION ALAN YAMEEN Pale 2 of 3
> level needed in this case.
> > Thank you
> > Susan Sawyer
> > -----Original Message-----
> > From: Sawyer, Susan
> > Sent: Wednesday, February 21, 2007 3:07 PM
> > To: 'atbrown1000.comcast.net I
> > Cc: Tom Trowbridge (E-mail); Grant, Michele
> > Subject: Butcher Boy
> > February 21, 2007
> > Allen Brown
> > Butcher Boy Market
> > Re: Food Storage Trailers. at Butcher Boy
> > Dear Mr. Brown,
> > This correspondence is a follow-up to our meeting held on February 20, 2007
in
> regards to a proposal packet submitted that same day. The meeting revolved
> around the presentation of the information and a discussion of current
> conditions.
>>
> > Meeting summary
> > 1) Mr. Brown stated that trailer T-2 has been completely emptied
> and the refrigeration unit has been turned off
> > 2) The most recent document dated February 20, 2007 shows that the
> permit holder has changed their proposal from the identification and repair of
> damaged walls and ceilings to the current proposal to >"> reline all inside
> walls and ceiling of trailer T-2> ">
> > 3) For 010rification, Mr. Brown identified a photo found on a page
> entitled, 3000R Features: (Right column, 4th photo down), as the permit
holder>
> '> s intention to refurbish the trailer> '> s interior to a pristine
condition.
> He indicated that a schematic of the trailer structure was not included with
the
> Proposal, as was requested by the Board of Health, as they are not considering
> keeping any of the wall :and ceiling tiles.
> > 4) All products used to refurbish 'P-2 will be USDA and food code
> compliant: i.e. smooth, non porous, easily cleanable etc.
> > 5) Discussion regarding the compressor nuisance noise found that
> Mr. Brown was aware of ongoinq research, however no information was included
> with the proposal in regards to compressors.
> >
> > Review comments
> >
> > 1) The Board of Health was specific in their expectations of a > ">
> plan> "> . The lack of a truck diagram inhibits the ability to approve this
> proposal. Please draw out the specifies so that a contractor can be hired to
bid
> on the task and once approved they have a blueprint to follow.
> > 2) The Health Department approve: of the wall, ceiling, coving and
> joint cover materials as submitted in the proposal dated February 20, 2007,
but
> requests that a copy of all items, and quantity of items ordered, be submitted
> to the Health Department to be kept on file. >
http://maill-webmaii.aol.com/23823/aoi/en-us/mail/display-message.aspx 2/23/2007
010/E00'd 0V9SS99A)R(YH4) floc jauiina cCgni (TUilinn, r, n,
Ke: r W: riutchcr riot' A TEN'11UN ALAN YAMEEN
> > 3) Once all items have been submitted and reviewed the Health staff
> will meet with Mr. Brown prior to commencement of work to review all proposed
> plans. A letter of approval will be issued post the onsite meeting with Allen
> Brown. Any work begun prior to approval will be at the risk of the client.
> > 4) The Health Department would like documentation of any
> subcontractor hired to complete the refurbishing.
> >
> > Additional Comments
> > 1) The Health Department expects that if any conditions uncovered
> during installation result in the altering of the approved plan, the Health
> Office will be notified of the reasons and the proposed corrections.
> > 2) The issue regarding the Compressors remains outstanding. Please
> submit research and proposals as soon as possible to ensure a smooth approval
of
> the reuse of T-2.
> > 3) Trucks T-1 and T-2 are very different in construction and
> therefore repair plans cannot likely be „hared. Plans for T-1 will be
submitted
> at a later date.
> > 4) A final approval of the refurbishing must be received from the
> Health Department prior to reintroducing food to the T-2 frailer.
> > It is recommended that you take the time to review and respond to this
> correspondence before proceeding in the repairs of the trailer. Thank you for
> your anticipated Cooperation in this matter.
> >
> > Sincerely,
> > Susan Sawyer, REHS/R$
> > Public health Director
> > Cc: Board of Health Chairman
Page 3 of 3
http://mail l.webmail.aol.com/23823/aol/en-us/mail/display-message.aspx 2/23/2007
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1077 OSGOOD STREET
NO. ANDOVER, MA 01845
PHONE: (978)-688-1511
FAX: (978)•685-5640
FACSIMILE TRANSMITTAL SHEET
TO: FROK
COMPANY- DATE r�
FAX FR 77L/777 ES INCLUDING COVER:
f�a:
PHONE NUMBER: SPNDEtT76MUINCENUMIR
RE YOUR REFERENCE NUMBER:
■r�� ��m ■uis i ni i
X URGENT ❑ FOR REVIEW ❑ PLEASE COMdIENf ❑ PLEASE REPLY ❑ PLEASE RECYCLE
NOTESICOMMENTS:'
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Page I of 3
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From: atbrown100@corn=Lnot
To: =wyerCtownofnorthandover.corn
Cc: 881077@AOL COM
Subject: Re: FW: Butcher Bay ATTENTION ALAN YAMEEN
Date: Thu, 22 Feb 200710:17 PM
Attachments:
addendum _Butcher eoy.doc (27K) PurcheSe_orderButcher Boy.xls (19K) Doc1-doc (698K)
Susan.
Per, our conversation this afternoon I am sending you an addendum to be added to
the project proposal that I gave you on Feburary 20 2007 please note that all
changes and addition have been approved by Thomas Yameen.
Thank you
Allen T grown
-------------- Original message ------------------__--
From: "Sawyer, Susan"<ssawyer@townofnorthandover.com>
> > -----Original Message-----
> > From: Sawyer, Susan
> > Sent: Thursday, February 22, 2007 1:90 PM
> > To: Sawyer, Susan
> > Subject: RE: Butcher Boy
> > Allen
> > AS you were informed by my message sent via Michele Grant, the rOiponse to
my
> email yesterday was not adequate and I requested a meeting. Apparently, you
> contacted Toni in regards to the outstanding issues that you may not be aware
of.
> > Tom Yameen just called me and the following was identified,
> >
> > 1) After approval, Butcher Boy is proposing to move the location of T-2
> approximately 50 feet towards the Perfecto's end of the plaza. If there is
Still
> a nuisance complaint they will look into compressor upgrades. S. Sawyer noted
> that if an electrical permit is warranted that he must file for one with the
> Building Dept.
> >
> > 2) It is understood that there is currently no approval for all the work you
> are in the process of doing. Only for the walls and ceilings. A letter of
> approval is still needed and you are proceeding at your own risk without one.
> >
> > 3) once T-2 is approved for reintroduction of food, T-1 will be taken off
line
> and moved behind Perfecto's. There will be no plan for refurbishing at this
> time, Future Consideration to use this unit for food storage will be, brought
> first to the BOH.
> > Tonight, would you please review this and put together a quick addendum for
> your packet, including these elements and any others that you may have not
> thought to mention to me or Michele,
> > I will review it in the AM and should be able to write a response
inunediately.
> This approval will satisfy the needs of the Board and will give us all a
comfort
http://mail l .webmail.aol.com/23823/aoi/en-us/mail/display-message.aspx 2/23/2007
010/200'd 0V9SS99K6(i(ti3) fio9 aauD4n9 EE:OI (Ia3)H02-E2-033
' Re: FW: Butcher Boy ATTENTION ALAN YAMEEN Page 2 of 3
> level needed in this case.
> >
> > Thank you
> > Susan Sawyer
> >
> >
> > -----Original Message-----
> > From: Sawyer, Susan
> > Sent: Wednesday, February 21, 2007 3:07 PM
> > To: Iatbrown100*comcast.net'
> > Cc. Tom Trowbridge (E-mail); Grant, Michele
> > Subject; Butcher Boy
> >
> > February 21, 2007
3 >
> > Allen Brown
> > Butcher Boy Market
> >
> >
> > Re: Food Storage Trailers at Butcher Boy
> >
> > Dear Mr. Brown,
> > This oorreapondence is a follow-up to our meeting held on February 20, 2007
in
> regards to a proposal packet submitted that same day. The meeting revolved
> around the presentation of the information and a discussion of current
> conditions.
> > Meeting summary
> > 1) Mr. Brown stated that trailer T-2 has been completely emptied
> and the refrigeration unit has been turned off
> > 2) The most recent document dated February 20, 2007 shows that the
> permit holder has changed their proposal from the identification and repair, of
> damaged walls and ceilings to the current proposal to > "> reline all inside
> walls and ceiling of trailer T-2> ">
> > 3) For clarification, Mr. Brown identified a photo found on a page
> entitled., 300OR Features: (Right column, 4th photo down), as the permit
holder>
> '> s intention to refurbish the trailer> '> s interior to a pristine
condition.
> He indicated that a schematic of the trailer structure was not included with
the
> proposal, as was requested by the Board of Health, as they are not considering
> keeping any of the wall and ceiling tiler.
> > 4) All products used to refurbish T-2 will be USDA and food code
> compliant: i.e. smooth, non porous, easily cleanable etc.
> > 5) Discussion regarding the compressor nuisance noise found that
> Mr. Brown was aware of ongoing research, however no information was included
> with the proposal in regards to compressors.
> >
> > Review comments
>
> > 1) The Board of Health was specific in their expectations of a > 11>
> plan> "> . The lack of a truck diagram inhibits the ability to approve this
> proposal. Please draw out the specific:: so that a contractor can be hired to
bid
> on the task and once approved they have a blueprint to follow.
> > 2) The Health Department approves of the wall, ceiling, caving and
> joint cover materials as submitted in the proposal dated February 20, 2007,
but
> requests that a copy of all items, and quantity of items ordered, be submitted
> to the Health Department to be kept on file. >
http://maill.webmaii.aol.com/23823/aol/en-us/mail/display-messagc.aspx 2/23/2007
010/E00'd 0V9SS99916(X8d) fio9 aagD4no EE:01 (Iad)1002-E2-93d
Ke: r W: tiutcticr tsoy AF hN I IVN ALAN YAMEEN Page 3 of 3
> > 3) Once all items have been submitted and reviewed the Health staff
> will meet with Mr. Brown prior to commencement of work to review all proposed
> plane. A letter of approval will be issued post the onsite meeting with Allen
> Brown. Any work begun prior to approval will be at the risk of the client.
> > 4) The Health Department would like documentation of any
> subcontractor hired to complete the refurbishing.
> > Additional Comments
> > 1) The Health Department expects that if any conditions uncovered
> during installation result in the altering of the approved plan, the Health
> Office will be notified of the reasons and the proposed corrections.
> > 2) The issue regarding the compressors remains outstanding. Please
> submit research and proposals an soon as possible to ensure a smooth approval
of
> the reuse of T-2.
> > 3) Trucks T-1 and T-2 are very different in construction and
> therefore repair plans cannot likely be shared. Plans for T-1 will be
submitted
> at a later date.
> > 4) A final approval of the refurbishing must be received from the
> Health Department prior to reintroducing food to the T-2 Trailer.
> > It is recommended that you take the time to review and respond to this
> correspondence before proceeding in the repairs of the trailer. Thank you for
> your anticipated Cooperation in this matter.
> >
> > Sincerely,
> > Susan Sawyer, RENS/RS
> > Public Health Director
> > Cc: Board of Health Chairman
hltp://mail l .webmai l.aol.com/23 823/aol/en-us/mail/display-message.aspx
O10/V00'd MSS999Z6(KHd) fio8 aaun4ng
2/23/2007
H:01 ( I M 1002-E2-939
2/23/2007
Addendum to original proposal submitted by Allen T brown on behalf of
Butcher boy Market in reference to storage trailers.
• After approval Butcher goy will move the trailer known as T-2 approximately 50
feet towards the Perfecto Cafe end of the plaza.. If there is still a noise issue with
T-2 Butcher Boy will look into Compressor upgrades, any permits required will
be filed with proper Departments.
• Butcher Boy understands that the material to be used for the rehab of T-2 has
been approved and that a letter of approval is still pending from the B.O.H.
Butcher Boy also understands that any work performed prior to receiving the
approval letter is at Butcher Boys own risk.
• Once T-2 has been approved for reintroduction of food T-1 will be relocated to
the back of Perfectos Cafe with no intentions of rehab at this time if this changes
the B.O.H. will be notified.
Thank you
Allen T Brown
Trailer diagram for Butcher Boy Market drafted for plan of action on interior trailer upgrade.
1) Cover 2 interior walls from front to rear with Glasliner FRP panels from ceiling to the top of the wearband of the trailer (approximatly 10 inches from
floor) to be attached with PL 400 adhesive and Thermoplastic rivets, all seams will have a 2 piece divider installed to cover seams, panels are approimatly
4 feet wide x 72 inches long.
2) Cover interior ceiling of trailer with Glasliner FRP panels from wall to wall from the front to the rear and attach with PL 400 adhesive and Thermoplastic
rivets, all seams will have a 2 piece divider installed to cover seams.
3) The term "wearband" refers to a 10.12 inch strip of 3116 inch aluminum that is from the floor up and its prurpose is to protect product and vehicle from
damage during loading and unloading, it is also ribbed to allow for air flow to keep product refridgerated, this will not be altered in any way.
4) The floor of the trailer is a 16,000 pound capacity floor with aluminum I beam floor cores, an additional cross member and patented floor attachment and
an all aluminum support system grid the floor is also ribbed for refridgerated air flow, the floor will not be altered in any way.
5) A Multistrip curtain will be Installed at rear of trailer just inside of doors to maintaine climate control of trailer when doors are opened.
M
T-2
Aff if TRANS COURIER SYSTEMS
Toll Free 1-800-325-7874
www.transcourier.com w�.«
MAICU
A-istiM OI the Amoriea.
N0, 817448
TCS CONTROL #
SHIPPER (FROM)
CONSIGNEE (TO)
STREET
STREET
CITY
CITY
STATE
ZIP
STATE
ZIP
SHIPPERS REFERENCE NUMBER
SPECIAL INSTRUCTIONS
DATE
Y
SHIPPER (CONSIGNOR) SIGNATURE
— — — — — — — — — — —
PLEASE PRINT SHIPPER'S NAME
—
DATE
—
RECEIVED BY - CONSIGNEE SIGNATURE
— — — — — — — — — — — — —
PLEASE PRINT RECEIVED BY
PIECES
DESCRIPTION OF ARTICLES
WEIGHT SUBJECT TO CORRECTION
I
DRIVER NO.
DRIVER NO.
DRIVER NO.
DRIVER NO.
DECLARED VALUE OFTHE PROPERTY $100.00, UNLESS SPECIFICALLY STATED BY SHIPPER.
TERMS AND CONDITIONS ONTHE REVERSE SIDE OFTHIS NON-NEGOTIABLE BILL OF LADING.
•-
COIG'e COPS
L
4
V ""�Ua/
INTERNA TIONAL
February 6, 2007
Susan Sawyer
Public Health Director
1600 Osgood Street
North Andover, MA 01845
North Andover Board of Health:
Dr. Tom Trowbridge, Chair
Larry Fixler
Jonathon Markey
RE: Butcher Boy Trailer Storage
RECZ1 ZD
FEB 0 8 2007
TOWN OF )OVER
HEALT�; r _ �,,•AENT
Butcher Boy is proposing to replace existing storage trailers
with a steel exterior cooler mounted on a concrete pad. The
interior of the unit will be constructed with smooth, easily,
cleanable, food grade materials. The unit will be compliant with
the Food Code and with applicable regulations zoning and building
codes.
I provided a copy of the preliminary drawing and a draft Standard
Operating Procedure on January 16tH
The Board discussed the proposal briefly at its last meeting. I
don't have the final Minutes at this time, could not view a CD of
the meeting and so will have to rely on the draft Minutes and on
what I can remember (I was unable to take notes).
• The Board indicated it would accept the proposal I submitted
on January 16 on the conditions the unit is Food Code
compliant and receives the necessary permits from the Town.
• The Board also discussed the existing mobile storage
trailers. Larry Fixler and/or Michelle Grant said the walls
of the existing trailers were rusty and the floor(s) had
exposed wood or were constructed of wood. Larry and/or
Michelle said the trailers were non-compliant because wood
and rusted areas were not easily cleanable and could cause
the product stored in the trailers to become contaminated.
ESI Qual International
968 Washington Street, Stoughton, MA 02072
Phone: 781-344-6344 9 Fax: 781-341-3978 • Web: http://www.esiqual.com
=The hoard asked for two plans to bring the existing trailers
into compliance with the Food Code. Specifically, as I
remember it, to deal with the -rusty walls and wood, which
the Board said were difficult to clean.
• The Board also asked for thermometers at both ends of each
trailer and asked the temperatures be recorded twice each
day.
• I believe it was Dr. Trowbridge who indicated the Board
would like to see a plan to replace existing trailers with
new trailers.
• The Board asked me to provide the two plans to you 4 days
prior to its next meeting, which would be sometime on or
after February 12, 2006.
This letter is to respond to the Board's request.
Results of a trailer inspection on February 2, 2007.
• The floors of both trailers are aluminum. The floors are
easily cleanable and impervious. The floors do not have
exposed wood and are not constructed of wood. We were unable
to locate the wood Larry and/or Michelle claim to have found
in either trailer.
• The walls and ceilings of both trailers are constructed of
Fiberglass Reinforced Panels (FRPs). FRPs are USDA approved
and FDA accepted for use in food storage and processing
environments. FRPs do not rust. We found the heads of a few
screws used to fasten the panels were rusted.
• Products in the trailers are hermetically sealed with
immediate multi -ply protective covering. The durable vacuum
sealed bags are designed to protect meats during
distribution, in storage, and at retail. The barrier bags
with built-in bone -guards are placed in sealed,
road -strength cardboard boxes for shipment. The meat is not
exposed to air or probable contamination. The few rusted
screw heads would not cause the meat to become contaminated.
• Thermometers are in place. Temperatures are being logged.
ESI Qual International
968 Washington Street, Stoughton, MA 02072
Phone: 781-344-6344 • Fax: 781-341-3978 • Web: http://www.esiqual.com
2
1
Plan` One":
Phase One, preliminary Statement of Work:
Butcher Boy proposes to replace FRPs and moldings on
the walls and ceiling of both trailers where the
existing FRPs have buckled, are damaged and/or where
the existing FRPs have permanent stains. Replacement
panels will be USDA approved FRPs. Walls and ceilings
of both trailers will be smooth, clean and easily
cleanable. Butcher Boy will use coving at the floor and
wall juncture. Screws will be rust -free. Panels and
floors will be sealed and non-absorbent.
Phase One, estimated time start to finish:
3 weeks.
Phase Two, preliminary Statement of Work:
Begin the permitting process to replace mobile storage
trailers with a pad -mounted, Food Code compliant steel
unit as described in the drawing submitted on January
16tH
Phase Two, estimated time start to finish:
Eight months.
Plan Two:
Preliminary Statement of Work:
Replace existing mobile storage trailers with new Food
Code compliant mobile storage trailers.
Estimated time start to finish:
6 to 8 months.
Sincerely,
PU VWU4'C4
Phil Ventresca, President
CHO, CQA, CHA, CFE
ESI Qual International
968 Washington Street, Stoughton, MA 02072
Phone: 781-344-6344 9 Fax: 781-341-3978 9 Web: http://www.esiqual.com 3
SX
'qua/
INTERNA 7I4NAL
January 18, 2007
Susan Sawyer
Health Director
1600 Osgood Street
North Andover, MA 01845
RE: Butcher Boy, Order Letter dated November 9, 2006
TO: Susan Sawyer
North Andover Board of Health
This is to request modification or revocation of the Board of
Health Order to remove foods from trailer storage by January 31,
2007.
Butcher Boy proposes to replace the existing trailers with a Food
Code compliant pad -mounted storage unit. We submitted a
preliminary drawing and process plan for your perusal on Tuesday,
January 16, 2007.
Butcher Boy understands products have to be protected from
contamination, maintained under 41°F and stored in an easily
cleanable unit which is free of insect and/or rodent evidence and
access. The pad -mounted unit will meet regulatory criteria but
needs approval by other Boards.
Butcher Boy expects to have a formal plan with a timeline drawn
by the 31st; the company would like to use the existing trailers
in the interim.
The existing trailers have been inspected and repaired. There is
a confirmation letter included with the plans you received on the
16th .
The existing trailers are easily cleanable and can be wet -cleaned
using a wet vacuum to collect water. Pickup water is discharged
into the existing drainage system.
ESI Qual International
968 Washington Street, Stoughton, MA 02072
Phone: 781-344-6344 9 Fax: 781-341-3978 9 Web: http://www.esiqual.com
-f►
Revocation of the Order
The rationale for revocation of the Order is that products stored
at Butcher Boy are protected from contamination and are stored in
easily cleanable units which are compliant with Food Code
sections 3-305.11, 6-501.11 and 6-501.12. Stored products are
inspected for wholesomeness including evidence of tampering and
of time and temperature abuse, before processing for retail sale.
Products which are suspected of being contaminated, have evidence
of tampering or have been subjected to time and temperature
abuse, are not processed for sale.
Modification of the Order
Butcher Boy understands the order could be modified to require
replacement trailers if the Board found violations of Food Code
sections 3-305.11, 6-501.11 or 6-501.12, which are not
correctable by January 31st, during its visit on January 16th.
Expansion Plans
The Board's Order Letter also referred to expansion plans.
Expansion plans, with the exception of some additional parking,
have been cancelled. Butcher Boy addressed expansion plans in the
document submitted for your perusal on the 16th; in summary:
storage will be considered with future expansions, as they are
conceptualized.
I will be glad to meet with you to discuss this further. I would
have met you on the 16th, if it could have been arranged in
advance. I would also be available for a phone meeting if that
works better for you.
Sincerely,
Phil Ventresca, President
CHO, CQA, CHA, CFE
ESI Qual International
968 Washington Street, Stoughton, MA 02072
Phone: 781-344-6344 • Fax: 781-341-3978 • Web: http://www.esiqual.com 2
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INTERNA TIONAL
January 12, 2007
Susan Sawyer
Public Health Director
1600 Osgood Street
North Andover, MA 01845
RE: Butcher Boy Trailer Storage
Dear Susan,
RECEIVE®
JAN 16 2007
TOWN OF NORTH ANDOVER
HEALTH DEPARTMENT
Butcher Boy ownership takes its responsibility to the Town of
North Andover very seriously. The company is committed to
remaining a good corporate citizen and a good neighbor.
Butcher Boy is proposing to replace existing storage trailers
with a steel exterior cooler mounted on a concrete pad. The
interior of the unit will be constructed with smooth, easily
cleanable, food grade materials.
Enclosed is a preliminary or rough plan for the unit.
You and I have discussed this project and I'm sending it to you
first, to confirm the food safety issues and concerns are
addressed satisfactorily before Butcher Boy's engineer, Richard
Barthelmes of Lynnfield Engineering, makes the formal
presentation to the necessary Boards. I understand the process
and will provide the engineer assistance with food safety and
quality issues as necessary. Please provide your comments and let
me know if there are other concerns you would like to address.
• Cleaning and Sanitizing. The exterior cooler will be
maintained in a clean and sanitary condition.
• Breakage, spillage, leakage and debris will be removed
as it occurs.
• The unit will be drained to the existing drainage
system and will be thoroughly wet -cleaned weekly. SOPs
will be available on-site. Cleaning frequency will be
re -assessed and the cycle will be will be shortened if
warranted.
ESI Qual International
968 Washington Street, Stoughton, MA 02072
Phone: 781-344-6344 9 Fax: 781-341-3978 • Web: http://www.esiqual.com
• Temperature.
• Products are received below 41°F.
• Product temperature will be maintained below 41°F.
• Temperature Monitoring. Butcher Boy will install a
temperature monitoring and alarm system. Details will be
available on-site.
• Food Defense.
• Butcher Boy will install door alarms.
• Products are inspected for damage and signs of
tampering before use. Damaged products and/or products
with evidence of tampering will be held for laboratory
examination or discarded.
• Project Timeline
• A timeline is being developed. The current estimate is
90 to 180 days from start to completion. The timeline
will be provided as soon as engineering, refrigeration
contractors and project managers have it available.
• This plan is provided in compliance with the Board's
order to respond before January 31, 2007.
• Short Term Corrective and Preventive Actions to mitigate
potential Food Safety Risks.
• Butcher Boy engaged Trailer Inspection firms to conduct
thorough inspections of the existing trailers to
identify and repair gaps that could provide rodent or
insect access. A report is included.
• The existing trailers will be repaired to exclude
rodents. Inspector recommendations will be implemented.
• Trailers will be inspected for evidence of pest and/or
rodent activity during Pest Control inspections,
according to the existing schedule. Records will be
maintained with existing Pest Control Logs and Records.
• Butcher Boy will confirm refrigeration equipment used
in existing trailers can maintain product below 41°F.
• Butcher Boy staff will check the existing trailer
temperature twice daily. Temperature will be recorded
on a Temperature Monitoring Log. Refrigeration
Technicians will be notified if the trailer temperature
climbs above 35°F. Products will be monitored to ensure
temperatures remain below 41°F. Dry ice will be used if
necessary. Products which are above 41°F for more than
4 hours will be held for laboratory examination and/or
discarded.
2
• Butcher Boy staff will be retrained to ensure staff
members remove incidental breakage, damage, debris and
leakage as it occurs.
• Existing trailers will be cleaned at least once a week
using dry cleaning methods.
• Existing trailers will be wet -cleaned as necessary
using a wet vac to remove water.
• Existing trailers will be used for temporary storage
only. Primary storage is internal. Products will be
moved to internal storage as space becomes available.
• Expansion.
• Butcher Boy is planning to add parking spaces and is
meeting with the TRC later this month.
• Butcher Boy is cancelling all proposed building
expansion plans for the foreseeable future.
• The company will consider increasing internal storage
with future building expansion plans.
Sincerely,
PU V44UUA
Phil Ventresca, President
CHO, CQA, CHA, CFE
3
JRN-15-2007(MON) 10:22 Butcher Boy (FRX)9786855640
r .Rx Date/Time JAN-15-2007(MON) 09:24 9786892215
•
01/15/2007 10:52 9786892215
SMC
GENERAL CMC INC.
T UCX P.O. BOX 728
620 LOWELL STREET, METMUEN, MA 01844
(978) 686-1800
FAX (978) 689.2215
JANUARY 15, 2007
MR, THOMAS YAMUN
BUTCHER BOY MEAT MARKET
1077 Mow ST.
N. ANDOVXIt MA. 0IM5
R -- REFRIGERATED STORAGE TRAILEM
DEAR M.R. YAIVIEEN,
P. 002/002
P. 001
PAGE 81
jAk.
FUSO
DIESEL TRUCKS
WE HAVE REPAIRED THE REAR DOORS ON YOUR TWO REMGERATED
STORAGE TRAILERS AS REQUESTED. THE TRAILER WITH THE SWING DOORS AAD
SOX= GASKET SEAR, ISSUES THAT WERE RVAUM USING NORMAL. CORRE01VE
MEASURES, THE TRAUXR WJIT.II TIM OVERHEAD DOOR HAD SOME BROIXN
ROLLERS AND RINGLS THAT WERE ALSO REPAIRED_ UPON COMPLLMON OF THE
REPA RS9 8MM TRAII ERS WM INSPECTED AND SHOWED NO SIGN OF DAYLIGHT
AT TUE REAR WHICH WOULD ALLOW FOR INSECTS OR RODEM TO ENi"M
WE HAD ALSO EXAMINED BOTH TRAI F S AND FOUND NO HOLES OR O'I'LIER
PLACES THAT INSECTS OR RODENT'S COULti ENTER BOTH REFRIGERATION
UNITS WERE RANG AT THE TIM AND THE INTERIORS SEED VERY COLD.
l axme
"Over 70 Years A Name You Can Trust"
08:7-1
September 8, 2005
Raymond. T. Santilli
Assistant Town Manager
Town Hall
North Andover, MA 01845
Dear Mr. Santilli:
IPSWICH ASSESSORS 4 919?eG8e9556
OCT 2 6 2005
H0.399 P02
Please accept this letter as my formal complaint for a noise condition created at the rear of the Butcher Boy
Mall property which I ask be given immediate attention.
Recently two 'refrigeration boxes were brought in and located immediately adjacent to my Westerly la; line.
They were brought in to replace two smaller touts previously there, These new twits run continuously 24 fours
a day, 7 days a week, ttu-ning on and off approximately every 5 minutes. Dtaing the daytime hours, everyday
sounds mask the loud poundi.rig of the compressors. In the silence of the night, when all is still, the noise is
likened to a continuous pounding jack hammer. It is impossible to sleep with the windows open. Closing thein
oily dimini sties the noise slightly and does not improve the condition, to an acceptable level. As loud as the
noise is outside, it is amplified when. heard from inside my horue.
Last week my daughter who was visiting for the weekend ended up sleeping on a downstairs couch iii Order to
sleep- Her stay was shortened because of the disturbance, and she left in order to have a full night's reslful
sleep.
I have tried to be tolerant of this disturbance, but it is bripossible. Every citizen is entitled to a restful night of
sleep. These boxes were installed with complete disregard to the adverse impact on nie as the irnmcdiate
abutter.
This happened once before, and the Town had to step u1 to correct the situation. I Wn requesting that Tour:,
officials do it once again and. this time make the solution permanent. I am sure that the same individuals
responsible for this condition sleep in their homes in the comfort of silence. As owners of a strip mall, their
concern should be that their actions do not diminish the quality of life of their neighbors. There was no
hardship that necessitated the installation of these boxes,
i auz asking that you please give this your immediate attention. I inay be reached at work at (978) 356-C�GG3.
Sincerely,
Frank J. Ragonese
Page 1 of 1
I,lAttachments can contain viruses that may harm your computer. Attachments may not display correctly.
DelleChiaie Pamela
From: Sawyer, Susan Sent: Mon 10/6/2008 4:33 PM
To: Anne L. Brennan (E-mail); Francis P. MacMillan (E-mail); Joe McCarthy (E-mail); Larry Fixler (E-mail); Tom
Trowbridge (E-mail)
Cc: DelleChiaie, Pamela
Subject: Butcher Boy
Attachments: D Butcher Boy Itr to Tom Y 10.6.08.doc(96KB)
Butcher Boy is requesting the use of a trailer to keep turkeys in, on the premise, for 2 weeks around the
Holidays. Beginning with Thanksgiving.
I am forwarding you all a letter I delivered to Tom Yameen today. For those of you who were not part of the
board when this was an issue please let me know if you have any questions. When I get a response from Tom
Y. I will forward that to you as well.
Thank you
Susan
Susan Sawyer
Public Health Director
office - 978 688-9540
1600 Osgood Street
Bldg. 20, unit 2-36
North Andover, MA 01845
http://exchange2003.town.north-andover.ma.uslexchange/pdellechiaielInboxIButcher%20... 10/7/2008
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PUBLIC HEALTH DEPARTMENT
Community Development Division
October 6, 2008
Thomas Yameen
Butcher Boy Market
1077 Osgood Street
North Andover, MA 01845
Re: Request for holiday use of refrigerated trailers
Dear Mr. Yameen,
The Health Department has received your verbal request regarding the use of temporary
refrigerated trailers for the upcoming holiday season. Although the concept of your request is
understood, the conversations held between you and I cannot be formerly responded to without a
written detailed request. This office will be able to provide you with a formal answer, with the
submission of proper documentation and explanations.
The storage issues faced by Butcher Boy are well documented and understood by the Board of
Health and do not need extensive explanation. In April of 2008, the Board of Health accepted a
proposal to install an outdoor refrigeration unit to alleviate ongoing storage space inadequacies at
Butcher Boy Market. The approvals given were to be implemented and utilized so that trailers
would not be necessary. In July, the Planning Board also approved a similar proposal in a
decision dated July 2, 2008. With the approval, the Board of Health expected the trailer issue to
be one of the past, however if you would like to pursue the issue of once again utilizing trailers
for the storage of turkeys please submit the following.
1) A document detailing the status of the installation of the refrigeration and the reason this
approved measure is not completed to date. Proof by contract, building permit etc. that
show intent to build by a certain future date
2) Plans showing any items detailed in the cover letter
3) Describe plans to provide protection of the turkeys while in the trailer
4) A description of the vehicles proposed to be utilized
5) Dates, proposed locations and other pertinent information
1600 Osgood Street, North Andover, Massachusetts 01845
Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com
i
Thank you for your anticipated cooperation in this matter.
Sincerely,
Susan Sawyer, REHS/RS
Public Health Director
Cc Gerald Brown, Inspector of Building
Judy Tymon, Planning Director
Board of Health members
1600 Osgood Street, North Andover, Massachusetts 01845
Phone 918.688.9540 Fax 918.688.8416 Web www.townofnorthandover.com
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PUBLIC HEALTH DEPARTMENT
Community Development Division
Kim Foley, Food Protection Specialist
DPH Food Protection Program
305 South Street
Jamaica Plain, MA 02130
December 18, 2006
Dear Ms Foley,
This correspondence is in regard to our conversations concerning the storage of food at a local
food retail establishment here in North Andover. Please find the attached letter that was sent to
the permit holder regarding the keeping of food in outdoor transport trailers. Also note that
although these trailers are hooked into the building's electrical system, the local zoning board
enforcement officer has determined that since they have registered license plates they consider
them mobile units, therefore they are allowed under the local zoning laws.
To provide some background, although the food establishment has been in North Andover for
decades, the current structure was built only 10 years ago. At the time of plan review it was
believed that the architect had adequately planned for the needs of the business, however the
good fortune of the business has far exceeded expectations. The permit holder currently finds
themselves sorely in need of increased parking, increased retail space and increased storage
areas. Although all are important to the success of the business, the Health Department's primary
interest is the storage of food and food related articles.
Within this small facility there is a bakery with in-store ovens, a large produce cooler, packaging
and display areas, a dairy cooler and display, a prepared food section and small kitchen, a full
deli, a frozen meat section and a meat cutting room and butchery. In addition, there is an
extensive wine and beer sales area and incidental sales of party goods. They also have a catering
truck for private events.
The owners have been aware of their storage area problem for some time and a few years ago
took over a section of one of the strip mall units and added additional walk-in freezer area. This
was approved and permitted by the Health Department. Also, many years ago, according to the
Building Department records, a storage trailer was tied into the building's electrical system,
1600 Osgood Street, North Andover, Massachusetts 01845
Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com
r
however the unit was not placed in an area that drew attention to it by the Health office or the
neighbors. It is important to note that no approval was sought or granted by the Health
Department.
Sometime over the past year or so, the establishment determined that there were additional needs
that could be met with the use of additional temporary trailers. Two trailers were located in close
proximity to the lot line and abutting neighbors. Only by a complaint did we become aware.
The details as to the length of time that has passed since the beginning of this issue, to the
eventual Order Letter being issued by the Health Department, can be discussed in depth if need
be.
The Health Department understands and empathizes with the dilemma of the permit holder,
however does not believe that the use of trailers, used for the transport of refrigerated goods,
provide equal protection, for the food, as does the NSF or UL certified refrigeration equipment
that is a standard for food establishments. Some items observed upon inspection were wrapped
pallets of raw meats and boxes of produce. The attached photos identify violations that may be
common for a truck, but in the determination of the North Andover Health Department staff, do
not meet the standards set in the food code.
As you are aware, the permit holder is contesting the determination of this office. They have
indicated that they wish to continue the use of these trailers permanently, even if alternatives
may present themselves. They are planning to expand the parking area and eventually the size of
the retail sales floor, but feel this type of storage should be allowed without question. The North
Andover Board of Health is requesting the assistance from the Department in this issue. We
would greatly appreciate your input.
Specifically:
1) Does the Department have a position on the use of mobile trailers for exterior food
storage versus the use of certified pieces of equipment that are generally on a concrete
pad or attached to the exterior of the building.
2) Does the Health Department's permit to operate extend to these trailers that are hooked
into the building's power supply, but are on wheels and without being hooked to a truck
cab.
3) Would it make a difference if the food were limited to bulk items stored on pallets or a
particular type of food such as produce and if so what type of standards would a
"warehouse type trailer" be required to have.
If any additional information is required to assist you in your efforts, please do not hesitate to
call the Health Office. Thank you for your partnership in the effort to provide safe food to the
public.
Thank you,
Susan Sawyer, REHS/RS
Public Health Director
1600 Osgood Street, North Andover, Massachusetts 01845
Phone 978.688.9540 Fax 978.688.8476 Web www.townofnofhandover.com
The town/health department has responsibility to determine whether the trailers being used in
this instance meet the code. It does appear from the photos sent that there are violations to the
code that should be cited. In addition, in your letter you mention that you became aware of these
trailers through a complaint. Complaints to the health department should be dealt with on an
individual basis. The nature of the complaint and how it can be resolved is under the control of
the town health department. If a particular situation is causing complaints, it may be viewed as a
"nuisance" and therefore, it may be addressed by the town in this fashion in addition to the
parameters of the food code.
Regarding the contents of the November 9, 2006, letter addressed to Butcher Boy: it is incorrect
to state that, "...the Federal Food Code and the MA Food Code do not allow the use of exterior
trucks for the storage of food or food related articles." There is no specific section in the food
code relating to the use of exterior truck storage for food items. The issues discussed should be
referenced as follows:
In accordance with 105 CMR 590.000, the State Sanitary Code Chapter 10 -Minimum
Sanitation Standards for Food Establishments and the 1999 Food Code, under section 3-
305.11, it is required that food in storage be protected from contamination and under
section 6-501.11 and 6-501.12, that the physical facilities be maintained in good repair
and in a clean condition.
The physical condition of the trailers, the inability to effectively keep them clean, the potential
for pests or rodent issues, and the basic complaint from the neighbor are the issues that need
resolution and should be the basis for the enforcement action by the health department. The
health department has a detailed history of interactions with the establishment which should be
considered but ultimately the enforcement action taken is a decision by the health department;
not a directive from the Food Protection Program.
I hope the information provided is useful.
Kim K."Fol , R.S.
Food Protection Program
MA Department of Public Health
Susan Sawyer
Board of Health Director
North Andover, MA.
Susan, once again thank you for your March 2 n response. When your investigation
process is complete will the enforcement process include
-the issuance of an order to correct the violations
-a time frame for the enforcement of the order
Also have you set a time frame for the investigation process.
My understanding of the Towns dumpster rules and regulations places Butcher Boy
market in violation of Sections 2.1 and 4.5 as well as a more grievous violation of the
Angus Realty initial petition for the strip mall which I plan to address with the building
inspector. At the time the special permit was granted by the ZBA special conditions for
the storage of rubbish and garbage were stipulated. Angus Realty is in violation of the
special permit that was granted for their original petition. Hopefully as the enforcement
authority you will resolve the dumpster violations as quickly as possible.
Thank you in advance for your email response.
Frank J. Ragonese
1939 Great Pond Road
North Andover, MA 01845
Cc: Curt Bellavance
OWNER
ADDRESS
DATE
NORTH ANDOVER HEALTH DEPARTMENT
27 Charles Street • North Andover, MA 01845
Tel. 978 688-9540 • Fax: 978 688-9542
email: healthdept@townofnorthandover.com
Complaint Investigation/Inspection Report
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