Loading...
HomeMy WebLinkAbout1993-11-18 Board of Health Minutes .y BOARD OF HEALTH MINUTES NOVEMBER 18, 1993 Dr. MacMillan called the meeting to order at 7: 10 p.m. MEMBERS PRESENT: Francis P. MacMillan, M.D. , Chairman, Gayton Osgood, Robert Leyland, Environmental/Health Agent, and Sandy Starr, Health Agent. 7:00 P.M. - PUBLIC HEARING - CAPTAIN PIZZA 535 CHICKERING ROAD NORTH ANDOVER, NORTH ANDOVER, MA —CEASE AND DESIST ORDER: Mr. Captain, owner of Captain Pizza, Bill Buco, Owner of Richdale, and Lou Minicucci, owner of the building were present and a lengthy discussion ensued in reference to renovation and extermination procedures. Mrs. Starr mentioned that Captain Pizza is back in business and it was fumigated twice on November 7th and November 8th. The Board of Health closed Captain Pizza on Thursday, November 4th and they re-opened on Tuesday evening, November 9th. Dr. MacMillan wanted to know if everything is taken care of, i.e. fumigated and meeting standards. Mrs. Starr stated that violations still exist. Dr. MacMillan stated that he was surprised that Captain Pizza was able to deteriorate to this degree. Mrs. Starr stated that this is an old building and from what she was told by the exterminators, the previous exterminators were not doing what needed to be done. It needed to be much more extensive stated Mrs. Starr. Mrs. Starr mentioned that to date, the Board of Health only received one slip from the exterminators. Mr. Captain mentioned that the exterminators were in twice. Mrs. Starr reiterated that she wants a copy of the exterminators report submitted to the Board of Health Office each time it is done. Dr. MacMillan questioned if this has been a chronic problem in the whole building. Mr. Buco stated that it is not the whole building, it's just the middle section of the building, the older part of the building. Mr. Buco stated that the problem with the roaches is in the food establishment as well as the two apartments. Mr. Buco stated that he could not say where exactly the problem rests but would assume it would be with the food establishment. Mr. Osgood stated that there still is another problem - the building is very old and to use it as a restaurant is really stretching the point. Page 2 Minutes: November 18 , 1993 Mr. Osgood stated that Louie Minicucci just bought the building and he realizes something has to be done with the general construction of the place. Mr. Minicucci stated that he plans on making some major changes. Mr. Osgood mentioned to Mr. Minicucci that the drawings and plans of both the store and the restaurant have to be approved by the Board of Health. Mr. Osgood stated that especially the restaurant because it has to meet the code. At this point in time, Mr. Minicucci showed the Board Members the plans for the new building. Mr. Osgood reiterated that Mr. Minicucci should remind Captain Pizza and Richdales that their plans have to be approved by the Board of Health and not to go ahead and do something without the Board' s approval. Mr. Osgood does want to see things being done and then the Board of Health goes in after the fact and there' s no handwashing sink, and etc. Mr. Osgood stated that this has happened in the past. Mr. Minicucci stated that the agreement is that they are going to exterminate every month. Mrs. Starr stressed that she wants copies of the monthly reports of the exterminator submitted to the Board of Health and she will continue to reinspect. VORIS - 1160 SALEM STREET - SUBORDINATION AGREEMENT TOWN COUNSEL'S ADVISE• Mrs. Starr stated that she spoke with Kim Holiday of Kopelman & Paige, Town Counsel, regarding the subordination agreement sent to the Board at the last meeting. Ms. Holiday stated that she believes the agreement the Board signed with the Voris ' is a personal contract - meaning it is only binding on the Voris' . Mrs. Starr stated, according to Kim Holiday, once the ownership passes to the Henessey's they do not have to abide by the agreement because it is not binding on them. Mrs. Starr stated that if the Henessey's sell the property even to an immediate family member they do not have to bring the system up to code or if they default on the mortgage and the bank takes it over, the bank would not have to abide by the agreement, as well. Kim Holiday suggested that in exchange for the Board signing the subordination agreement, the Board should ask the Henessey's to sign another agreement similar to the one the parents signed and add a paragraph stating, "if the property is again sold to an immediate family member they will be bound by this agreement. " If the property is sold outside the home, the system would have to be brought up to standard by either hooking into the sewer or a repair. Mr. Osgood stated that he did not think that the Voris ' would Page 3 Minutes: November 18, 1993 object to this agreement. Mrs. Starr stated that, in addition, the Voris' do not want to give $5, 000. 00 to the bank which is an escrow just in case the system fails. Mrs. Starr stated that she will call the Henessey's or the lawyer. Mr. Osgood suggested to call the lawyer and let him draw the agreement, and before the Board signs the agreement, it should go back to Town Counsel. RECOMMENDATION TO REVOKE RESIDENTIAL KITCHEN LICENSE - CAROL JACOBS 8 ROCK ROAD NORTH ANDOVER: Carol Jacobs has not responded to several calls to re-inspect her kitchen and Mrs. Starr recommends sending a letter to Carol Jacobs stating her license has been revoked. Mr. Osgood also suggested to send a letter to Hayscales Exchange. The Board agreed to send Carol Jacobs a letter stating her license for a residential kitchen has been revoked. OTHER BUSINESS: Approval of Minutes - 10/18/93: On a motion by Mr. Osgood, seconded by Dr. MacMillan, the Board voted unanimously to approve the minutes of 10/18/93 as written. Request from Dr. Atwood - He would like the Board of Health to consider a local ordinance to have all cats and dogs identified either by a rabies tag or other identification: Mrs. Starr stated that this is not in the Board of Health's jurisdiction. Mrs. Starr checked with Karen Nelson and Mrs. Nelson mentioned that it might be the Board of Selectmen's jurisdiction. Dr. Atwood periodically has to euthanize animals unnecessarily and if all animals were tagged this wouldn't have to happen. The Board agreed to send a letter to the Selectmen stating that the Board of Health recommends a local ordinance to have cats and dogs identified either by rabies tags or other identification. Discussion - Additional Board of Health Meetings/Workshops per per month: It was stated that Karen Nelson suggested that the Board of Health have additional monthly meetings/workshops. Mr. Osgood suggested that at least once a month, the Board should go over all the issues that involved Karen Nelson, i.e. budget, salaries, computer. Dr. MacMillan stated that he received the letter on Page 4 Minutes: November 18, 1993 Bob Leyland's salary, but there was no letter concerning Mrs. Starr' s. Title V: Dr. MacMillan questioned whether Title V has been adopted. Mrs. Starr mentioned that rumor has it that at the present time, Title V is going to be put off indefinitely as far as adopting it. Mrs. Starr stated that there are changes in draft form. Mrs. Starr stated that the problem is, she believes, with the cesspools which Mrs. Starr thinks is the better features of it. The builders believe that they're not going to be able to build as much because of the minimum of 440 gallon flow design rate; the inspection and maintenance program has a lot of Health Boards up in arms stated Mrs. Starr. Mrs. Starr believes they should adopt it and then see how it works because it will be reviewed in two years. 142 Boston Street - Repair: Mrs. Starr mentioned to the Board Members that she received a plan late this afternoon and wanted to go over it with them. Mrs. Starr stated that the plans need a variance for the local code, and two for Title V. This is in order to construct a totally new system. It would be a five bedroom house with the addition. Mrs. Starr stated that they do not meet our design flow and the distance between trenches. Mrs. Starr stated that she does not feel uncomfortable about that but she does feel uncomfortable about the fact that Title V states that if reserve is between trenches it has to be a minimum of 6 feet. They have 4 feet and they do not make breakout. They also have a 3 .5 to 1 foot slope which is suppose to be 45 feet. Mrs. Starr stated that there is a possibility of putting the system in another area. There have been no deep holes or peres done in this area. Mr. Osgood stated that the Board can give Mrs. Starr the authority to do deep holes now, if so desired. The Board agreed that a variance may be granted if it is impossible for them to place the system in another area. In addition, Mrs. Starr will recommend an easement. Watershed Update: Mr. Leyland stated that the watershed pumping has leveled off to 75%. Dr. MacMillan wanted to know what is happening to the people that have not complied. The Board recommended to call the remainder that have not complied and if they do not comply after January 1, 1994 follow-up with a fine. Page 5 Minutes: November 18, 1993 Mr. Brown issue: Dr. MacMillan wanted to know if the issue with Mr. Brown was resolved? Mrs. Starr stated that there is a new wetlands line out at Lot #2 Johnny Cake. So at this point in time, the previously approved plans are null and void. ADJOURNMENT: On a motion by Mr. Osgood, seconded by Dr. MacMillan, the Board voted unanimously to adjourn. Gayton Osgood, Clerk