HomeMy WebLinkAbout2015-04-30 Board of Health Agenda Packet North Andover Board of Health
Meeting Agenda
Thursday, April 30, 201.5
7:00 pan.
North Andover Police Department Community Room
1475 Osgood Street North Andover, MA 01845
L. CALL TO ORDER
11. PLEDGE OF ALLEGIANCE
Ill. PUBLIC HEARINGS
IV. APPROVAL OF MINUTES
Meeting minutes from March 26,2015 to be presented for signature.
V. OLD BUSINESS
V1. NEW BUSINESS
A. 1550 Salem Street—John Morin,The Morin-Cameron Group,Inc.,representing owners of 1550
Salem Street,requesting two variances from Section 3,Table I —Setback Distance Table,"Minimum
Requirements for the Design, Construction and Maintenance of Onsite Wastewater Treatment and
Disposal Systems"for a reduction in the required setbacks from a wetland resource area to a septic
tank and leach field.
B. Kenneth Connolly,Commonwealth Waste-Request relating to the permit and placard fees required
for the transportation of solid waste
C. Scott Granwehr,The Farm Stand,new mobile food truck—Request from owner in the matter of
the food preparation sink on the vehicle.
VII. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION
VIII. CORRESPONDENCE/NEWSLETTERS
Ix. ADJOURNMENT
2015 North Andover Board of Health Meeting—Meeting Agenda Page 1 of 1
Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on
the agenda.
Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Fixler,Member/Clerk;Francis P.MacMillan, r.,
M.D.; oseph McCarthy,Member; Edwin Pease,Member Health Department Staff:Susan Sawyer,Health Director; Debra
Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Lisa Blackburn,Health Department Assistant
i
The
M6rin-Cameron
March 31, 2015
Board of Health O 7 2015
1600 Osgood Street
North Andover, MA 01845
Re: Septic Repair— 1550 Salem Street
Owner/Applicant: Pamela & Henry Smith
Dear Board Members:
Please find enclosed a sanitary disposal system repair design plan for the above referenced
property. The existing leaching facility has failed a Title 5 inspection and needs to be replaced.
Based on the existing lot's shape, wetland resource areas and limited space for a replacement
leaching facility we are proposing the use of Infiltrator Chambers in a bed configuration. This
system is an alternative septic system approved by the Department of Environmental Protection,
find attached the General Use Approval, dated Feb. 19, 2015, issued by the Department of
Environmental Protection. The General Use Approval for this technology is used in remedial
situations.
The existing dwelling is 4 bedrooms but has a total of 11 rooms as defined by Title 5. Based on
the room count a replacement system designed for 5 bedrooms is required unless a deed
restriction limiting the number of bedrooms to 4 bedrooms is provided. There is not enough
room on the property to design a conventional septic system for 5 bedrooms with a reserve
area that would fully comply with the Code. Therefore, our client is proposing to offer a deed
restriction limiting the number of bedrooms in the dwelling to 4. Please find attached a DRAFT
copy of the deed restriction.
Based on the location of the existing dwelling, the lot's topography, wetland resource areas out
back and the property lines, there is limited space for the location of a replacement septic
system. Based on these existing lot constraints, we are requesting Local Upgrade Approvals
from Title 5 in order to design a replacement leaching facility for this property. Please find
enclosed Form 9A "Application for Local Upgrade Approval".
Local Upgrade Approvals Requested:
+ In accordance with 310 CMR 15.405 (1) (a) we are proposing to reduce the required
setback from the proposed leaching facility and the front property line from 10 feet to 7
feet.
CIVIL ENGINEERS + LAND SURVEYORS + ENVIRONMENTAL CONSULTANTS + LAND USE PLANNERS
447 Boston Street (U.S. Route 1) Topsfield, MA 01983 978.887.8586 FAX 978.887.3480
Providing Professional Services Since 1978
www.morincameron.com
Board of Health Page 2
March 31, 2015
i
• In accordance with 310 CMR 15.405 (1) (k) we are proposing only one test pit in the area
of the leaching facility instead of two. Based on the existing site constraints it was
difficult to dig 2 test pits in the area of the proposed leaching facility; this was discussed
with the BOH Agent who was witnessing the test who also discussed this with the BOH
office before we left the site the day of the testing.
• In accordance with 310 CMR 15.405 (1) (h) we are proposing to reduce the required
separation distance from the bottom of the SAS to the estimated seasonal high water
table from 4 feet to 3 feet. This will eliminate the need for a pump and eliminate a
mound in the front yard.
Please note the proposed leaching facility will be 100 feet from the isolated wetlands out back
where the existing leaching facility is approximately 80 feet from the wetlands. The existing
leach bed is approximately 88 feet from the existing well. In order to meet the required setback
from the wetlands the new proposed teaching facility will only be 60 feet from the existing well.
Based on this fact our client is proposing to install a new public water service to the existing
dwelling. The existing well will be used for irrigation only.
In accordance with Condition II (18) (d) of the "Standard Conditions for Alternative Soil
Absorption Systems with General Use Certification and/or Approved for Remedial Use" issued
by the Department of Environmental Protection (DEP) with a revision date of September 26,
2014 please find enclosed the Owner Certification.
We look forward to meeting with the Board at their next regularly scheduled meeting on April
30, 2015 to discuss this project.
If you have any questions prior to the meeting please do not hesitate to contact me.
Sincerely,
THE MORIN-CAMERON GROUP, INC.
v YVI
John M. Morin, PE
Principal
JMM/kmm
Attachments
cc: Pamela & Henry Smith
F:\KATHYM\Smith 3307\Board of Health\NABH Ltr.doc
I
I
The
M66n-Cameron
April 16, 2015
Ms. Michele Grant
Health Inspector
1600 Osgood Street, Suite 2035
North Andover, MA 01845
RE: Subsurface Sewage Disposal System Plan for 1550 Salem Street (Map 106B, Lot 54)
Response to Comments
Dear Ms. Grant:
We are in receipt of your review letter dated April 13, 2015. Please find enclosed copies of the
design plan that have been revised to incorporate the comments below and changes to the
wetland line which we will discuss later in this letter.
The following numbered responses correlate with your numbered comments from your review
letter:
1. A "Locus Boundary Key Map" has been added to Sheet 1 of 2 of the Sanitary Disposal
System Repair Plan showing the entire parcel and lot dimensions.
2. A note indicating that watertight access risers shall be set within 6" of finish grade on the
septic tank has been added to the 1,500 Gal. 2-Compartment Monolithic Septic Tank
detail and the System Profile on Sheet 2 of 2 of the Sanitary Disposal System Repair Plan.
3. A note (number 5) has been added to the 9-Outlet (H-20) Distribution Box detail and the
1,500 Gal. 2-Compartment Monolithic Septic Tank detail both shown on sheet 2 of 2,
indicating that they shalt be watertight.
4. The current DEP sail evaluation forms are attached.
5. A conventional 20'-0" x 30'-0" leach bed was shown on Sheet 1 of 2 of the Sanitary
Disposal System Repair Plan. Supporting Conventional System Capacity Calculations
were also provided on Sheet 1 of 2. It is a little difficult to see because of at[ the line
work; I reviewed this issue with Isaac Rowe of Mill River Consulting and he informed me
that he is satisfied that a conventional leaching facility is shown.
6. A note has been added to the 9-Outlet (H-20) Distribution Box detail and the System
Profile, both shown on sheet 2 of 2, stating that"Watertight access riser shalt be installed
to within 6" of finish grade if cover is greater than 9"".
CIVIL ENGINEERS • LAND SURVEYORS • ENVIRONMENTAL CONSULTANTS ® LAND USE PLANNERS
447 Boston Street (U.S. Route 1) Topsfield, MA 01983 978.887.8586 FAX 978.887.3480
Providing Professional Services Since 1978
www.morincameron.com
Ms. Michele Grant Page 2
April 16, 2015
7. The location of the percolation test has been added to Sheet I of 2 of the Sanitary
Disposal System Repair Plan,
8. Even though the existing potable water supply well is proposed to be converted to an
irrigation well only, we feet that the 100 foot radius from the well should still be shown
on the plan.
9. Even though the required setback from an irrigation well to a [each field is 25 feet, we
feet that we should still show the 100 foot radius from the well as it shows that the well
cannot be used as a potable water supply because the 100 foot setback encroaches into
the proposed leaching facility.
We trust that these responses satisfy your questions/concerns outlined in your review letter.
Today we met with Jennifer Hughes, Conservation Administrator, to review the wetlands on site.
Ms. Hughes made several changes to the wetland line which included connecting the isolated
wetlands. Please note the wetland series in question is still considered an isolated wetland.
Because of the change in the wetland line, the septic tank is now proposed 72 feet from the
wetlands, 75 feet is required per your local regulations, and the proposed teaching facility is 84
feet from the wetlands, where 100 feet is required. We have a little room to move the septic
tank further from the wetlands, however, setbacks are tight on this project so it would be helpful
to have a little room if we need It so that is why we are requesting relief from this section.
Based on the changes in the wetland tine it is not possible to locate a leaching facility 100 feet
from the wetlands within the front of the property. There appears to be room to design a
teaching facility 100 feet from the wetlands in the rear of the property, however, It will most
likely be a large fill condition since it appears the rear yard is all fill, and we anticipate a high
water table in this location. The system would be located at the toe of a large hill which could
pose some grading Issues with runoff from the hilt. A system in this location would require a
force main that would run under the existing driveway and travel approximately 250 feet to the
proposed leaching facility. Based on the existing topography the force main would not drain
empty between pumping cycles and therefore would need to be installed below frost or
insulated to prevent freezing. Since the proposed setbacks from the septic tank and teaching
facility exceed the minimum State required setback to wetlands, and the proposed septic tank
and (each field are further from the wetlands than what currently exist, the system, as proposed,
should have no impacts on the resource area. Also, the existing dwelling is located between the
septic components and the wetlands limiting the potential impacts even further. We feet that
the system, as designed, will not have any impacts on the resource areas and to require the
additional disturbance and costs associated with positioning the teaching facility 100 feet from
the wetlands at the rear of the property is not warranted and would result in a hardship for our
clients.
Ms. Michele Grant Page
April l62UIS
At this time we respectfully request that the Board of Health issue two variances from Section 3,
Table I — Setback Distance Table Of your local Board of Health regulations "Minimum
Requirements For the Design, Construction And Maintenance ofC)nsito Wastewater Treatment
and Disposal Systems" fora reduction in the required setbacks from a vvet(and resource area to
a septic tank and teach field as discussed @bOve. The two variance requests have been added in
sheet I of of the design plan. We shaU notify 8\[ abutters by certified mail 10 days before the
Board Of Health meeting, asrequired. |
Please schedule us for your next Board of Health meeting on Thursday, April 3O m, SO that we
may review this application with the Board.
If you should have any questions please do not hesitate to C0Otec± me.
Sincerely,
THE MORIN-CAMERON GROUP, INC.
r»L. rIL '
�
John M. Morin, PE �
Principal
]MM/kmm
Enclosures
cc: Pam and Henry Smith ^
Mitt River Consulting (via eOl8ik
FWAJHMSmith33O7\nnonddHvabhV«AoH Response Letter 4'16-lsdoo'
i
Commonwealth Waste
Transportation, L,j.C.
4/24/2015
Susan Sawyer
Public Health Director
Town of North Andover
1 600 Osgood. Street
North Andover, MA 01845
Dear Susan,
I appreciate the invitation extended to me by the Board to meet on Thursday, April 30, 2015.
My request of the board is to offer my company, Commonwealth Waste "Transportation, LLC. an exemption
with regard to the "Placard Requirement"as spelled out in the "Town of North Andover Board of"Health
Regulations Concerning the hauling and Disposal of Solid Waste."
As a resident of the'Town since 1 994, 1 am well aware of the background and need for the entire regulation. I
can remember back to the clays when trucks hauling waste would parade past the Middle and High Schools in
route to the local waste to energy facilities. I also have no issue with the way the"Placard Requirement" is
written.
The reason for my request for exemption is that my base of business operation has recently relocated to 1175
Turnpike Street, North Andover. I purchased the property last July under the name 1175 Turnpike Street Realty
Trust. This new I.,1.,C. has the same common ownership as Commonwealth Waste Transportation, LLC. As a
result of moving my entire base of business to this location,I have also increased the excise tax income by more
than $25,000 per year to North Andover.
Given that a minimum of twenty vehicles are now based out of this address, I have a minimum of forty vehicle
trips that travel cast and west on Route 114 daily. "These vehicles are merely leaving and returning from our
base of operations. In addition, there are vehicles that may return to the "shop"during the working day for
repairs, tare changes, etc.
The regulation in Section 111. Definitions, specifically states "The term "trash truck" means vehicles in the
business of transporting solid waste, that transport waste in or through North Andover, or travel through North
Andover to collect solid waste, for disposal at either the Wheelabrator facility or the Covanta facility. When my
vehicles are traveling on Rt. 114, it is not for that purpose.
During the normal work day, my vehicles transport on average, 100 loads. Some of those loads are transported.
to the Wheelabrator and Covanta facilities. Those vehicles never access these disposal sites except for the
designated route of 495 to 125 Connector. They do not require a"Placard."
1 75 Turnpike St., North Andover, NIA 01845 • (p) 978-265-4482 (f) 978-:5:35-5976
C RT
Commonwealth Waste
Transportation, LLC.
If my base of operation was located at 1600 Osgood Street, I would not be required to "Placard"my vehicles
operating Linder the same rules I currently abide by. Because my property sits in the middle of one of the
"EXeMpt Routes", this creates an excessive burden at the cost of$100.00 per vehicle. Section VI, B. states:
"The requirement for obtaining a permit Linder Section IV shall not apply to a waste hauler that drives through
the roadways of North Andover but does not use the Wheelabrator or Covanta facilities," When traveling Rt.
114, 1 fall Linder Section VI., B.
I have submitted a week of GPS reports from my entire fleet a few months ago. Although these reports are very
cumbersome to review, I would be more than happy to show the Board on any given day chosen, the routes my
vehicles travel when delivering to the two regulated facilities.
I hope this letter clearly states my position. I would like to state that all the individuals I have dealt with
regarding this issue have been more than helpful. It is a"Gray" area that my company falls into and is difficult
to explain with a telephone or email conversation. I look forward to meeting with the Board this ,rhursday to
discuss any questions or concerns regarding my position.
Thank you again for providing time to meet with me.
Sincerely,
Kenneth Connolly
Managing Member
1 175 TtirnpikQ St., North Andover. MA 018,15 - (1)) 978-265-4482 (1) 978-535-5976
Grant, Michele
From: Ken Connolly <kmn@commonweakhwaste.com>
Sent: Friday,January 23, 2OI511:53AK4
To: Grant Michele
Subject: activity-neport.x|sb
Attachments: act|vity_veport.x|sb; NA Placard App|icotion.pdf
Michelle,
Per our conversation earlier today, here is a detail of last week's fleet routing.There are a few vehicles that originated
and ended their days in Peabody and may not have needed to use Route 114.That can change any given week based on �
vehicles requiring maintenance and moving our drives around.As a result,we need the ability for the entire fleet to
have unlimited access to our base ofoperations.
In the detail,you will see that the vehicles destined to both CovaUta and VVhee|abrato[access those sites via the
designated route off 495 and the Ward Hill Connector.All of our driver are aware of the N.Andover travel restriction
and I also monitor the daily activity for every vehicle with this same report.
I realize that what we are requesting is outside of the normal scenario for waste haulers. Given that our home base is
located on one of the restricted routes, it should not preclude us from our normal operations. In addition,our use of Rt.
114 is not to allow us access to one of the restricted disposal sites.Therefore,we are requesting placards in an effort to
assist the NAPD in verifying our vehicles have allowed use of the roadway.The fee of$100.00 per placard should be
waived given that vYe are not using them for the intended purpose.
Please feel free to contact me if you have any questions concerning this request or if you need additional
documentation. �
�
Thank you in advance for your attention to this matter.
S|nmyna|K
Ken Connolly
T
`",
KeU[bnncJly
Managing Partner
Commonwealth Waste Transportation, LLC.
3OO Forest Street
Peabody, K4AO196O
978-265-4482
978-535-5976(fax)
i
PUBLIC WEALTH DEPARTMENT
Community Development Division
In the Town of North Andover, Massachusetts in conformity with the authority granted to the
Board€ f l-lealth by Chapter III, §§ 31 and 3]A of the I.,aws of the Commonwealth of
Massachusetts, relating thereto,and upon such terms and conditions,and to the rules and
regulations in regard to the operation of'the occupation SO licensed as adopted by Mlle Board of
Flealth on September 28, 2000,
TOWN OF NORTH ANDOVER
APPLICATION FOR APPROVAL TO REMOVE,TRANSPORT SOLID WASTE
DATE: January 23, 2015
The undersigned hereby applies for a: tE".r" i 6 nd/or Placard v/
in accordance with the provisions of the statutes and regulations relating thereto:
APPLICANT: Ken Connolly, Managing Member
NAME OF COMPANY:Commonwealth Waste Transportation, LLC.
ADDRESS.
. 1175 Turnpike Street
North Andover, MA 01845 vv-4", C �r
TELEPHONE OF COMPANY
978-255-4482
FEDERAL Ill#/SOCIAL SECURITY#:
20-4599593 )
DISPOSAL SITE:
None
DETAILED TRUCK ROUTES:
(example: Fick up—from heading, Route 28 to North Reading to Andover,to Route 495 to
Wheelabrator or Covanta facilit
Full use of Rt. 114. Allow entire fleet of vehicles to access our primary base of operations.
Use additional pages as needed.
1600 Osgood Street, North Andover,Massachusetts 01845
Phone 978.688.9540 Fax 978.600.8476 Web http://wwwr.townofnorthandover.coni
Please CHECK the EXEMPT communities where you pick up trash
,A nclover Bo4brd El Georgeto wn El 11averhill
Lmtv-sacs ❑ North Andove r F-1 N6rth Reading
Peabo(�y n Rowley 1-1
HOW MANY TRUCK TRIPS PER WEEK THROUGH NORTH ANDOVER TO OR
FROM EXEMPT COMMUNITIES?: 275
HOW MANY TRUCKS PER WEEK WILL BE TRANSPORTING SOLID WASTE FROM
EACH EXEMPT COMMUNITY?: 0
HOW MANY PLACARDS REQUESTED? ($100/card) 0
TOTAL NUMBER OF TRUCKS:23
LICENSE NUMBERS:See attached vehicle list
1175 Turnpike Street, N.Andover,MA 01845
Signature of AI)plicant Address
These applications are subject to review by the board of health. Please do not send a check in
advance. You will be notified directly regarding final costs. Checks should be submitted to the
13011 at time Of PiCkLIP,
WHEELABRATOR(Nortli Andover)OR COVANTA(Iliverl►ffl)PERMIT OR$350-Amm(d Permit
EXEMPT PLACARDS-$100-1,eefir each exempt pbeardammally
Example: Y'iiee,-Ie(l.fi)i-both facilities, ii would beS3501- #ol'l)lac(ii,(Iv needed x$100 per
exempt placca-(I jbr total
Checks Payable to: Towit of oi-th Amlover
1600 Osgood Street, North Andover, Massachusetts 01845
Phone 978.688.9540 Fax 978.688.8476 Web http://www,townofnortliandover.cont
I
rr
North Andover Health Department
Community Development Division
March 3,2015
Ken Connolly
Commonwealth Waste Transportation, LLC.
1175 Turnpike Street
North Andover,MA. 01845
Dear Mr. Connolly,
On January 23,the Health Department received the following three items,
1. An application for placards
2. Necessary route sheets to review and determine the need for placards
3. A letter requesting a fee waiver for all Peabody and North Andover vehicles
Upon an extensive review of the backup information, the.Health Department has determined that
though out the week, Commonwealth trucks utilize both the Wheelabrator and Covanta facilities.
The review also indicates that Commonwealth Waste has business in town.
The Health Department permits several other similar businesses in town and unfortunately they
do not receive relief of payment. Our office does however work with the in town business
owners to achieve compliance by permitting the company's fleet. The review indicates there are
14 trucks out of the North Andover facility. We have issued placards to those vehicles.
In an effort to bring Commonwealth Waste LLC.'s vehicles into compliance,please contact this
office as soon as possible so we can work through the details.
Sincerely,
Michele E. Grant
Public Health Agent
Town of North Andover
1600 Osgood St I Suite 2035
North Andover,MA 01845
Phone 978.688.9540
Fax 978.688.8476
Email mgrantRtownofiiorthandover.com
Web www.TownolNorthAndover.corn
li
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9545 Fax 978.688.9542 Web www,townofnorthandover.com
j
1
Blackburn, Lisa
From: Sawyer, Susan
Sent: Monday,April 27, 2015 9:10 AM
To: Blackburn, Lisa
Cc: Tom Trowbridge
Subject: FW:The Farm Stand - requesting variance/reconsideration
From: Scott Granwehr [mailto:scranwehr @yahoo.com]
Sent: Sunday, April 26, 2015 9:26 AM
To: Sawyer, Susan; Tom Trowbridge
Subject: Re: The Farm Stand - requesting variance/reconsideration
Thanks Susan and Good Morning Tom,
I'm requesting that the BOH provide relief on the matter of not having a prep sink on my food truck. I
believe relief can be appropriately granted in this case due to a number of reasons. I'll be prepared to
speak about all of these points at the meeting and I understand if this lengthy email is not observed by
all.
I officially applied for a NO prep on-site permit. All of my necessary food prep tasks (defined below) are
being performed in my commissary kitchen. There is no intention to perform any of these tasks on board
the truck; it is simply not part of the plan. My menu is primarily prepackaged, grab 'n go style.
An initial reason my application was denied was because my hot cooking equipment was unnecessary to
the operation and should be removed. Having this removed is not feasible. My truck was an investment
that simply warranted hot cooking equipment, even if not planned for immediate use. My response was
adding a menu item which justifies the use of such equipment, therefore satisfying the matter (**see
menu at bottom).
However an issue remained that my truck is categorized as a full service kitchen, which requires the
presence of a prep sink. If I remember correctly, town law does not provide a distinction between a
restaurant and a mobile food unit outfitted such as mine. However, the law also requires my business to
operate out of a licensed commissary, where I have 3 prep sinks and 24-7 access. Therefore, the
requirement of having an additional prep sink on board my truck is excessive. The comparison between
my truck and a restaurant needs to also consider the commissary kitchen.
Should relief be granted on this matter, I believe approval can be granted pending an inspection by the
Health Department. I've written my menu at the bottom of the email for your reference. You may also
visit our website or social media pages to see images of the products we sell
Thank you for reviewing this at your upcoming meeting and I look forward to speaking with you.
Food prep tasks:
- washing/rinsing
- peeling/cutting
- cooking
- assembling/mixing
- packaging
Menu:
- Green Juice (bottled, tamper proof)
i
- Orange Juice (botded/ tamper proof)
- Berry Smoothie (no ice, bottled, tamper proof)
- Pineapple Lime Smoothie (no ice, bottled, tamper proof)
- Chopped Kale Salad (prepackmged, tamper proof, dressing onsida)
- Black Bean Quinoa Salad (prepackaged, tamper proof)
- Curried Chick Pea & Quinoa Salad (prepackaged, tamper proof)
- Superfood Bites (dates & nuts) (pnepackaged, tamper proof)
- Black Bean Burger (prepared in commissary, reheated/browned on truck, served Loorder)
**this isto satisfy the hot cooking line necessity. Burger ingredients are cooked when necessary/
assembled, cooled & stored in air-tight containers at commissary kitchen. Use of griddle and char-broiler
forvvarrning/brovvning. Burgers will only be removed from containers upon sale.
SCO[tGF3DVVehr
The Farm Stand
Visit us on the Web
Follow us onTwittet:
Like us on Facebook
From: "Sawyer. Susan"
To: 'Scott Gnanweh/ |
Cc: Tom Trowbridge
Sent: FridayAor| 24. 2O151O18AM �
Subject: RE ' FarmSband -raquesUngva �
Good morning Scott, �
The Hem�h [)opm� � placed agenda for the April 3«m
Board of Health Onaedng' which will be held ad7PK8. at the N. Andover Police Oepodnne[t connnnVOdx room. .
| will provide the board OleDlbenS with basic iOfo[[O@tiOD, hOVVeVe[ it is important that | provide the B(]H
[OeD1be[S with iOfO[Ol@tiDD that will assist in making @ decision. The most important piece would be your
request to the Board, which should include the explanation as to why the board should consider approving your
request. The Chairman of the Board has been copied on this email.
Please submit an updated request, detailing the mitigating circumstances that you feel warrant action by the
nne[Obeno, to provide relief in this matter. Consideration of waivers to requirements such as thia, should come
with plan as to how you would meet the intent of the code and what circumstances prohibit you from
complying as you have been requested the Health Department. You may submit this by email, but please
understand that the members need sufficient time tn review the request fully prior to the meeting.
Thank you,
Susan Sawyer
Health Director
From: Scott Gnanwehr
Sent: Thursday, April O8. 2O159:5OAW4
To: Sawyer, Susan
Subject: The Farm Stand - requesting variance/reconsideration �
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North Andover Health Department
Community Development Division
March 25, 2015
Scott Granwehr
210 Merrimack Street
Apt. 211
Lawrence, MA 01843
Re: New mobile food unit review; The Farm Stand,North Andover, MA 01845
Dear Mr. Granwehr,
The Health Department received the plan review application submitted for the new food
truck to be known as "The Farm Stand". Unfortunately, the application cannot be approved at
this time. The following items were noted deficient,missing, or incomplete from the application.
Please revise as needed and resubmit to the health department as soon as possible, so that your
project can move forward towards receiving approval.
The review included an email sent that to the Health Office on March 16, 2015. The
email included a request to review this application as a"NO food preparation on site"
application. There were no other changes to the application; such as menu, equipment or
procedures. This request has been considered as it relates to the Health Department's prior food
establishment applications, which has set precedence in similar matters;
1) To be considered"no onsite prep" all food to be sold should be made up to its final stage,
or with only minimal assembly; ie. cupcakes are baked and iced; ice cream is pre-
wrapped, sandwiches are wrapped and labeled. or
2) The menu of the truck is limited to prepackaged,properly labeled foods such as; candy
bars, chips, commercial processed yogurt etc.
"The Farm Stand"food truck has a menu that includes smoothies, curried quinoa salad,
avocado salad and cold pressed juices etc. The concept proposed in the email of"all food prep"
being at the commissary, does not include the act of juicing,the blending of the smoothies or the
salad assembly, packaging or labeling. These facts are known due to the equipment
specifications submitted with the application, for the; vitamix Drink Machine, Omega juicer,
True 48 inch sandwich prep unit. This is food preparation and as such, the request for review as a
"no food preparation on site" cannot be approved. For this reason, the following review
addresses all requirements of the local and federal food codes as they apply.
If you wish to request a variance or reconsideration of this decision or deficiencies noted
below,you may make a request to appear before the North Andover Board of Health at their next
North Andover health Department, 1600 Osgood. Street, Suite 2035,
North.Andover, MA 01845 Phone: 978.688.0540 Fax: 978.688.8476
regularly scheduled meeting. This request must be made by you, in writing, at a minimum of ten
days prior to the meeting to be approved to be on the agenda. The request should list specifically
the items that you would wish to have reconsidered or varied. Thank you for your well organized
submission and anticipated cooperation in this matter. It is important that the health department
ensure compliance with the food code and provide safe food for the public. If you have any
questions,please contact our office at 1-(978)-688-9540.
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Sincerely,
Susan Sawyer, REHS/RS
Public Health Director
Items of Deficiency noted Corrective Action
Please make corrections of the
6-501.114 Maintaining Premises, Unnecessary Items The premises shall be intended use and/or your menu if
free of: warranted, or please remove any
(A) Items that are unnecessary to the operation ... equipment unrelated tioin the
The proposed menu provided does not show any need for some of the truck design. Submilling menu
equipment placed within this truck. The 4-burner stove top,flat top griddle additions
and char-broiler has no purpose within this vehicle except for minimal
reheating of soups/chili.
590.009 Mobile food operations shall have identification, i.e.,person's name Ensure lettering uneets code OK
and/or business name, city and telephone number in letters not smaller than
three inches, on the left and right door panels of the vehicle or on the left
and right sides of the trailer or pushcart.
There is contract or indication of the location of sewage dischargel05 CMR Please submit proof of approval
590.009(B)(1). to discharge at at sewage disposal
site. Al the Commissary
Establishment form review by page number#
Page8#1 There is no Prep Sink on plan for the truck only at commissary, C'onfirin on plan where the prep
but the establishment sells more than prepackaged foods. Separation of sink sink avill be placed online or
use is a key component to limiting opportunities for cross contamination. other auolautiot . Submit Cut
When determining equipment needs,precedence is placed on protecting the Sheets.
public's health,before considering the lack of space availability. Based on
the drawings there is sufficient room to add a prep sink.
Water Supply Page 9 does not take into account the washing out of the Please consider the increased
smoothie containers regularly, or the juicers. avater volume in calculations of
the 12 gaol per hour No
calculations submitted.
North Andover Health Department, 1.600 Osgood Street, Suite 2035,
North Andover, MA 01845 Phone. 978.688.9540 Fax: 978.688.8476
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Applicant is reniovinng onsite
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smoothie operation.
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IN , �i////,,��,/iii//%%/��%/a,, ...
Page 5 #6 The order of preparation of meats and ready-to-eat foods Review and revise Discussed ok
prepared in the same work areas or using the same equipment is incorrect.
Meat should be after RTE foods.
Page 5 #6 Menu indicates smoothies but no information about ice source. Please address No ice needed on
truck.; per applicant
Page 7,#5 Recommend anyone with a fever/sore throat should not be Please review policy Discussed
working in contact with food and/or equipment. policy to account for close
quarters within the truck au d
sick persons. 0K
Page 8 #2 Where do dirty pots and equipment go? Review t.Adernaeath sink or
where room is available, Per
applicant, most cleaning done at
commissary.
Page 9 finish schedule has no mention of coving at base of floor to wall Add curved covingto all
junction. Curved cove should be used to assist in cleaning Junctions of the floor to tire wall
in truck's kitchen area. Flas
attempted to create cove with
caulking. If this deteriorates
another option may be requested
in the future.
Cc: Eric Kfoury, Community Services and Economic Dev. Director
North Andover Health Department, 1600 Osgood Street, Suite 2035,
North Andover, MA 01845 Phone: 978.688.9540 Pax: 978.688.8476
105 CMR: DEPARTMENT OF PUBLIC HEALTH
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590.004: continued
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Packaged food shall comply with standard of identity requirements in accordance with
applicable law.
(J) ,FC 3-602.11(B)(2)Labeling of ingredients.* FC 3-602.11(B)(2)shall be designated as a
critical item if there is one or more undeclared allergenic ingredient(s) in the ingredient
statement,which would result in a Class I or.11 recall.
�K):,FC 3-60111 Consumntion-of Animal�oods that are Raw Undercooked,.or Not-Otherwise
Processed to Eliminate Pathogens.*Enforcement ofFC 3-601-11 will be implemented January 1,
2001.
590.005: Equipment Utensils and Linen-federal 1999 Food Code Chanter 4
590,006: Water,Plumbing and Waste-federal 1999 Food Code Chapter 5
(A) FC 5-101.13 Bottled Drinking Water.* FC 5-101.13 Bottled Drinking Water*shall be
stricken and replaced by the following:
bottled drinking water used or sold in a food establishment shall ba obtained from sources,
which comply with all applicable laws.
(B) FC 5-102.11 Standards,* In addition to requirements in FC 5-102,11,water from a public
water system shall meet requirements set forth in 310 CMR 22,00: Drinking Water
590.007: Physical Facilities-federal 1999 Food Code Chapter 6
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590,008: Poisonous or Toxic Materials-federal 1999 Food Code Chanter 7
590.009: Special Requirements
(A) Caterers,
(1) Base of-Operations. Each caterer shall,have as its base of operations a food
establishment that shall comply with the provisions of 105,CMR 590.000,except that a
facility holding a permit as a residential kitchen shall not serve as the base of.operations for
a caterer.
(2) Notification, Each caterer shall:
(a) Notify the board of health of the city or town in which it plans to serve a meal prior
to serving any meal elsewhere than in its own food service establishment and shall give
written notice to the board of health on a form provided by the board or the Department
• either prior to or within.72 hours after serving a meal elsewhere than its own food service
establishment;and
(b) If required by the.board of health or its agent,provide the board with a copy of its
food establishment permit prior to serving a meal in a city or town other than the one in
which its food establishment is located.
(B) Mobile Food Operations.
(1) Mobile food operations shall comply with the requirements of the federal 1999 Food
Code and other applicable.provisions of 105 CMR 590.000 except as otherwise provided in
105.CMR 590.009(B). The board of health may impose additional requirements and'
restrictions to protect against health hazards related to the conduct of the mobile food
operation and may prohibit the sale of some or all potentially hazardous foods.
(2) Mobile food operations not equipped with an adequate water and waste system to
facilitate hand-washing and the cleaning and sanitizing of utensils shall be limited to the
preparation and service of frankfurters and non-potentially hazardous foods and to the sale
of pre-packaged food prepared at a food processing establishment licensed in accordance
with 105 CMR 500.000,except that pre-packaged food may be prepared by the mobile food
operator at a licensed food establishment for which he or she holds a permit in accordance
with 105 CMR 590.000,
9/29/00 105 CMR-3583
105C80R- DEPARTWIENT 0P PUBLIC HEALTH
590.009: onmduuo6 / '
(3) Mobile food operations equipped with an adequate water and waste system to facilitate
hand-washing and the cleaning and sanitizing of utensils may prepare potentially hazardous
foods requiring hmited preparation for immediate service,provided that any advanced food
preparation, if necessary, is conducted by the mobile operator in a licensed food
(4) Mobfle food operations shall provide only single-service articles for use by the
consumer. |
(5) Condiments, cream nnJ'mugar.obuU6e served uu1y-frouo.u.sanitag'.,disyuosezmo{n !
individually wrapped servings.`_' -_-___-___'=-'-_—._____-_'-_--__w-_'--_"'-p_--__'---_-_
maintain foods whicIr are required to be
held u(or below 45"17(7"O)or4l'R(5"C). The storage nf packaged food iu contact with
water ucundzainndice is prohibited, Wrapped znudy-*o-emt foods such uo sandwiches shall
not be stored in direct contact with ice, Effective July 1,2005,all mobile food operations
selling or distributing u*I9IBs must buegulypudwid`moubuoical refrigeration thut
.
can maintain PDFsutmr below 41"13(5"C).
(7)` Bulb food shall not 6o used unless purchased from on approved source. BmdbPB}s'
with the exception mf frozen desserts,must bu sold o«served oo the same day oapurchased.
All hot food shall be61ocaidodif not used or sold 6y the end oY the day.
(0) A convenient hand-washing facility must be available on site for employee hand-
washing b handling
sufficient warm running water,soap and individual paper towels. The board of health may
approve the use of chemically treated towelettes in lieu of hand-washing ^^.~^^ ~^^^'.
fbsUdiotero non-potentially served and there
,
is no bare-hand ooutao. Chemically treated towlettes must be made available for use by
customers in self-service '
� (9) A sip shall be provided at consumer selfvservice operations,which states that the use
of bare hands 6y consumers for self-service im prohibited 8y state law.
(10 Equipment. �
(a) Equipment shall be located and installed bma way that prevents food contamination
and that also facilitates cleaning the equipment and establishment.
(b) Food-contact surfaces of equipment shall 6o protected from contamination by
consumirs'and other contaminating agents.Effective shields for such bquipment shall
beprovided,as necessary,to prevent contamination.Mobilefood operations,which cook
or reheat unpu000geo food for hot holding shall ue fully enclosed unless equipped vm/u
air-curtains to prevent the ouotardoudoo of food and food contact surfaces with
environmental contaminants,
' (c) Ware-mashing 8acH{ticm.when required,shall 8eavailable io accordance with the FC
for cleaning in-use u|enmUmand food contact surfaces. '
' (11) Operators mf mobile food opeTations shall obtain the use of adequate and suitable toilet.
facilities where bundwashiug facilities are available.
(12) Mobile food operations shall operate from a fixed,licensed food establishment or food
processing plant and shaU report at least daily to such locations for all food, water and
supplies and for all cleaning and servicing operations. Mobile food operators shall retain the
list of ingredients and the receipt for all bulk foods,which must indicate the name of the food
item,the date purchased and the'name of the approved food source licensed in accordance
with 105 CMR 500.000.
(13) Servicing areas shall 6w provided with overhead protection except that areas used only
for the loading mf wuter,packaged food or the discharge of sewage and other Dqdd waste,
through the use of a closed system of hoses,need not be provided with overhead protection.
(14) Mobile food operations shall have identification,i.e.,person's name and/or business
name,city and telephone number in letters not smafler than three inches,on the left and right
door panels of the vehicle or on the left and right sides of the traller or pushcart.
([) Temporary Food Estgblishments.
(1) A temporary food operation shall comply with all applicable requirements ofthe federal
1999 Food Code,except as otherwise provided i this 105 C&dR 590000(C) The board of
health may-impose additional_requirements_protect against_health hazards related-- -the
conduct of the temporary food operation,may prohibit the sale of some or all potentially'
hazardous foods,and when no health hazard will result,may waive or modify requirements
oyl85CMR 590.000 pursuant to the provisions mC1O5 C&8R 500.010(J).
11/24/00 (Effective 9/2V00-corrected 105C&4R-3584 '
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Cold Pressed Juices
Turmeric Sunrise(Carrot,Orange,Pineapple,Pear,Lemon,Ginger,Turmeric)
Green Machine(Spinach,Kale,Chard, Celery,Apple,Pineapple,Ginger,Lemon,Cilantro,Parsley,Mint)
Juicy Root(Apple,Beet,Carol,Lemon,Ginger)
Maple-aid(Filtered Water,Lemon,Maple Syrup,Ceyenne Pepper)
Smoothies
Green Energy(Spinach,Banana,Apple,Mint,Coconut iVater,Hemp Seeds)
Berry Blend(Mixed Berries,Spinach,Banana,Adaca Root Powder,Coconut IVater,Cilia Seeds)
Tropical(Banana,hdango,Pineapple,Coconut Milk,Coconna IVaten)
Cocoa(Banana,Cocoa Poivder,Maca Root Powder,Coconut iValer,Almond Milk,Honey,Cinnamon,Flax Seeds)
Snacks
Roasted Cauliflower&Black Bean over Red Quinoa
Curried Chick Pea Quinoa Salad
Sweet Potato,Brussels Sprouts&Cranberry Salad
Balsamic Roasted Red Pepper Potato Salad
Avocado Asparagus Potato Salad
Green Lentil Salad
Tuscan Bean Salad(Kidney&Chick Peas mixed with Celery,Red Qnion,Red Pepper,Carrots,Vinegar Dressing)
SARPs&Chili
Veggie Chili
Butternut Squash
Lentil
Thai Sweet Potato
Potato&Broccoli
Black Bean
Cauliflower
Breakfast&Beveraggg
Hot Oatmeal/Home-made Granola/Acai Bowl/Date Rolls(mixture of seeds,dried berries,coconut flakes rolled in pureed dates)
Bottled Water/Organic Green Tea/Organic Coffee/Iced Tea/Iced Coffee
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