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HomeMy WebLinkAbout1996-10-31 Board of Health Minutes BOARD OFHEALTH MINUTES OCTOBER 31, 1996 Mr. Osgood called the meeting to order at 7:10 P.M. MEMBERS PRESENT.• Gayton Osgood, Chairman, John S. Rizza, D.M.D., Member, Susan Ford, Health Inspector, and Sandra Starr, Health Administrator. Francis P. MacMillan, M.D., Member was not present. MASSAGE THERAPIST LICENSE REQUEST- TRACEY G. WELCH- DB/A 147 MAINSTREET, NORTHANDOVER: Ms. Tracey Welch came before the Board of Health to request a Massage Therapist License. The Board Members reviewed Ms. Welch's credentials and on approval of their findings voted as follows: On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously to grant a Massage License to Tracey Welch, d/b//a 147 Main Street, North Andover and to extend the expiration date to 121311971 MASSAGE THERAPIST/BODY WORK LICENSE REQUEST-MARGARET BRENNAN-D/B/A THE GREENERY PARK STREET NORTHANDOVER: Ms. Margaret Brennan came before the Board of Health to request a Massage Therapist License. Ms. Brennan's stated that she has a doctor's appointment on November 7, 1996 which will include a chest x-ray. The Board Members reviewed Ms. Brennan's credential's and on approval of their findings voted as follows: On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously to grant a Massage License to Margaret Brennan, d/b/a The Greenery, Park Street, North Andover, MA contingent upon chest x-ray results. TODD HOPKINS-MASSAGE ESTABLISHMENT- 14 MAIN STREET.- Mr. Todd Hopkins came before the Board to request a variance to allow only one bathroom at his massage establishment at 14 Main Street. The Board Members all agreed an additional bathroom meeting all relevant codes must be installed in the establishment within thirty (30) days. On a motion by Dr. Ri=a, seconded by Mr. Osgood, the Board voted unanimously that two bathrooms meeting all relevant codes must be in place within thirty (30) days. The temporary operating permit was extended to November 30, 1996. Page 2 Minutes: October 31, 1996 VARIANCE REQUEST- 922 DALE STREET-BEN OSGOOD, JR: Ben Osgood, Jr. requested to come before the Board to request a variance to the North Andover Regulations 4.18 - distance to Wetlands and North Andover Regulations 2.14(1). To avoid an appearance of a conflict of interest, Mr. Gayton Osgood was not included in the voting process for the repair at 922 Dale Street. Dr. MacMillan was not present but faxed a written motion. The variances requested are as follows: 1. Variance to North Andover Regulations 4.18 -Distance to Wetlands - 100 foot setback to wetlands. The distance being requested is 66 feet. 2. A variance to North Andover Regulation 2.14 (1) -Minimum Requirement for leaching bed is 900 square feet. The plan submitted shows design for 733 sq. ft. On a written motion by Dr. MacMillan, M.D.faxed, seconded by Dr. Rizza, the Board voted unanimously to grant a variance to allow 66 feet from the leaching area to wetlands for the repair at 922 Dale Street, North Andover, MA. In the meantime plans were submitted and the square footage for leaching bed has been resolved in the revisions - a variance is not required. VARIANCE REOURST- 707 JOHNSON STEET-STEVE D'URSO: Mr. Steve D'Urso was present and requested to come before the Board for a variance to allow the distance to groundwater from the bottom of the system for the repair at 707 Johnson Street to be 3.07 feet instead of 4 feet. On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously to grant the variance to allow the distance to groundwater to be 3.07 feet instead of 4 feet. RICHARD LAMA TTINA -LITTLE RICHARD'S ROADHOUSE: A lengthy discussion ensued in reference to the smoking regulations, bar vs. Restaurant, financial loss of Little Richards, and an alternative plan for Little Richards Restaurant. Mr. Osgood made it clear to Mr. Lamattina that the smoking regulations have been in effect for the past two years and there have been no problems - everyone has accepted them and the Board of Health has no intention on changing its smoking regulations. Page 3 Minutes: October 31, 1996 Mr. Lamattina stated that the entertainment part of the restaurant is doing well and that he is considering changing and becoming a bar with smoking on both levels. Mr. Lamattina handed out a newly proposed menu for the Board to look over. He stated that the menu de-emphasizes the food. Mr. Lamattina wants to expand on the club atmosphere, de-emphasize food, add a few pool tables & televisions downstairs and then remove the sign that says "Restaurant". Mr. Lamattina stated that they have lost a lot of money and are looking at other options to change the image. Mr. Osgood stated that he does not want to set a precedent that will boomerang on the Board. As Mr. Osgood reviewed the menu he mentioned that he does not have a problem with the left side of the menu. Mr. Osgood stated that a bar is a bar and a restaurant is a restaurant. The Board Members had a problem with the menu and meals being served - a bar has finger food, not meals. Dr. Rizza stated that a bar menu should reflect finger foods, i.e. sandwiches - no full meals and no desserts Mr. Lamattina stated that the hours will remain the same. Mr. Cassidy suggested to limit Little Richard's menu, use paper plates, baskets, etc. Mr. Osgood stated that the 99 Restaurant came before the Board with similar problems; he stated that the Board can not have different rules for different people. Mr. Osgood stated that in Town Government you need to be consistent. Mr. Cassidy stated that he understands and applauds the Town for enforcing the smoking regulations. Ms. Starr noted that the ventilation would have to be adequate for the entire building. On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously to allow Little Richard's Roadhouse to change from a Restaurant to a bar, to serve only finger foods, no full meals, no desserts and to allow smoking throughout the bar. Approval of Minutes- 9126196: On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously to approve the minutes of 9/26/96 as written. Flu Clinic Update: Ms. Starr stated that there were 1,081 flu vaccines and 118 pneumonia vaccines administered this year. She also stated that the department is billing medicare and will be reimbursed for each shot given. Ms. Starr stated that the money will be placed in a revolving fund or the Senior Center revolving fund for the nurse's wages. Page 4 Minutes: October 31, 1996 SOIL TESTING-PROPOSED PROCEDURE FOR TESTING LOTS: Ms. Starr stated that she received a letter from Dr. MacMillan and that he is not in favor of this - it is not in the best interest of the Town. At this point in time, Mr. Richard Lamattina returned to the meeting to ask the Board Members another question. LITTLE RICHARD'S ROADHOUSE- CONTINUED: Mr. Lamattina suggested -what if the restaurant had smoking upstairs and non-smoking downstairs with a separate entrance to the non-smoking area. The Board Members did not have a problem with that. Mr. Lamattina stated that he will call Ms. Starr when he decides what he plans on doing. SOIL TESTING-PROPOSED PROCEDURE FOR TESTING LOTS- CONTINUED: Mr. Osgood stated that the only reason for this proposal is to speed up the permitting process and he would like to see projects expedited. Ms. Starr stated that this should be worked out at staff level and if need be - bring before the Boards. Mr. Osgood stated that he is willing to go before the Planning Board. Ms. Starr stated - for example - it is like letting Michael Howard, Conservation Administrator approve a wetland delineation without inspecting the lot and for me approving a plan without looking at a lot. Mr. Osgood stated that he does not have a problem with hiring a registered engineer. Ms. Starr asked, "what constitutes testing", this needs to be addressed. Ms. Starr stated that she and Ms. Colwell, Town Planner need to work on it and then she will come back to the Board. Board of Health Authority to Rerulatinz Trucks: Mr. Osgood stated that he recently received a letter from the Town Manager on the Town's position on regulating trucks. Mr. Osgood stated that the Board of Health has the authority to regulate trucks and the routes trucks use and etc. The Town negotiated with Wheelebrator, i.e. fees. Mr. Osgood suggested to set up a file for Wheelebrator. Page 6 Minutes: October 31, 1996 Kitchens of the Baystate: Ms. Ford mentioned that a few complaints have been filed with the Board of Health regarding their food handling preparation. Ms. Ford stated that Mike Lamattina does not believe that the Board of Health has any jurisdiction over him. Ms. Starr ordered a salad and found a fly in the salad and another time she found unclean lettuce at the base of the leaf. Ms. Ford informed him that the Board of Health can shut down their salad making if this continues. Mr. Osgood mentioned that any time an inspector goes out to inspect a restaurant and a manager/worker starts questioning the authority of the Board of Health , please call him and he will go out on the inspection with them. The other complaint was on food handling - holding a telephone with a glove and then making a sandwich and handling money and then handle food. Ms. Ford mentioned what she really likes about Kitchens of the Baystate is that they have one person handling one thing at a time. Val's Restaurant-Main Street: Mr. Osgood suggested a Food Handler's Course for the waitresses at Val's Restaurant. He stated that both girls smoke - they go outside and have a smoke and when they are done they do not wash their hands. Ms. Ford stated that she made them post a hand washing technique. Mr. Osgood stated that personal hygiene is most important in preparing food. Ms. Ford mentioned that 65% of people do not wash their hands after using the bathrooms. ADJOURNMENT.• On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously to adjourn. John S. Rizza, D.M.D., Clerk