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HomeMy WebLinkAboutMiscellaneous - Butcher Boy-Enclosure�:. s C,� c 1 f- QJL.1 -7 qqC, f' /cc"�1afE�r A. �Jy/>,ey J/. P. Smith a& admiffed in //Jd. 112 PP L-attrey ��- smak P. C P. 0 Am 1317 300 (Cm. S1ree1, oCau rence, / 6/inn a 01842 978-686-6151 -7. 978-683-3399 C Maid /MCAFFREY@CAFFREYSMITH.COM UVeLile: CAFFREYSMITH.COM 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 t70VF_R 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 Ilk I ria == ru Er m ru Ir C3 O -� Q O C3 a m m mmmmmm�o sv r- a 00ci a "-� � t- ,�o 4 t— Q 'T 00 S ID x U Ln co CJ � Nr- N mom o r Ln N) Ilk I ria == ru Er m ru Ir C3 O -� Q O C3 a m m mmmmmm�o 4 Q ID x U Ln co o P4 N U) O 0 0 o I-) = o �4 ul �,o 0 x z 4 1077 OSGOOD STREET NO. ANDOVER, MA 01845 PHONE: (978)-688-1511 FAX: (978)•685-5640 FACSIMILE TRANSMITTAL SHEET TO FROM: COMPANY= � DA : /�-�� FAX ER: TQTAL ES IIVCL[TDING COVER 4� PHONE NUMBER S� A NUME& RE YOUR REFERENCE NUMBER x URGENT 0 FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY 0 FUME RECYCLE NOTES/COMMEMB. f BBFAXdoc 010/100 'd nVggqAqR)R(YHa) fioa Jauoina CC-ni !ivi)inn-i_r-i_n-ii Ke: I-V: butcher boy ATI tNTIUN ALAN YAIV MEN Pagel of 3 Reminder: AOL will never ask you to send us your password or credit card number in art email. This message has been scanned for known viruses. '• 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 0 1O/V00 'd 0V9Sg09R) VYH4) fin❑ j;ui-iina r ,n i ! T V i% innn r „� Ll 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:' �"V�s aBRAxdoc 010/100 d OV9SS99916(Xd3) hog aayn4n8 EE:OI (Ia3)L002-E2-933 Ke: r w:13=11er BOY A'1.1 >k~N 11UN ALAN YAMEEN Page I of 3 Reminder: AOL will never ask you to send us your password or credlt card number In an email. This message has been scanned for known viruses. 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 *a U, '=►ua/ 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 0* NORTH q Q 'ftt,E° �bt tiO O A� 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 R V �qi.s�+ Is* ryO O 4 41'Z, '9_ COCMCM WKM � 7' eye 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 0 �lc� s �-5 , 1 ;> ��-� p. s �rao — 1��- �D✓ -+-- �v fl c �r�� - Rev. 6/04 INSPECTOR