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HomeMy WebLinkAboutMiscellaneous - Butcher Boy-Enclosure (2)��" �' t-- �? b`�d 6a0 OOL o PUBLIC HEALTH DEPARTMENT Community Development Division November 13, 2007 Matthew Caffrey Caffrey & Smith, P.C. P.O. Box 1317 300 Essex Street Lawrence, MA 01842 Re: Butcher Bov Market, 1077 Oseood Street Dear Mr. Caffrey, This letter is a follow up to the correspondence and conversations recently held with the Director of the Health Department, Susan Sawyer. Ms. Sawyer has informed the Board that you represent the Butcher Boy Market in the matter regarding the temporary use of the trailers for refrigerated storage at the 1077 Osgood Street. Ms. Sawyer has kept the Board members updated over the past 8 months, since Butcher Boy management came before the Board of Health. She informed the board when the trailers T-1 and T-2 were deemed up to standard for use as temporary refrigeration units. She also informed us when Mr. Tom Yameen came to the office and indicated that the plan was changing from building exterior refrigerated units to utilizing footage in the old Bella Vita Salon. Both actions by Butcher Boy were in compliance with their agreement with the Board in February 2007. The agreement was geared to allow time for the establishment to address the situation and eliminate the long term use of common tractor truck trailers as regular food storage. In good faith, the Board accepted your client's proposal to construct permanent outdoor storage units. According to your recent communication, your clients intend to continue to rely on the trailer units in perpetuity. The Board stands firm in this matter and is not entertaining options of this nature. This is a final request for information. The Board expects that a proposal with a timeline to discontinue the trailer use will be submitted within 14 days, or the use of the trailers must cease within 30 days of receipt of this letter. Failure to comply will result in a civil complaint filed against Butcher Boy Market for non-compliance to a Board of Health Order. Thank you for your anticipated cooperation in this matter of public health. Sincerely, Tho rowbri ge, DDS, MD / r't% Chairman, North Andover Board of Health Cc: Board of Health members Butcher Boy Market Curt Bellavance, Community Development Director Mark Rees, Town Manager Tom Urbelis, Town Attorney 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 fax 978.688.8476 Web http://www.townofnorthandover.com /(} `` pORTk ey O a */ �. COCMIcct(MlwKO 7• PUBLIC HEALTH DEPARTMENT Community Development Division October 29, 2008 Thomas Yameen Butcher Boy Market 1077 Osgood Street North Andover, MA 01845 Re: Outdoor Storage Containers Dear Mr. Yameen, The Health Department recently conducted a survey of outdoor storage containers utilized by food establishments. This survey found that Butcher Boy Market is storing a large amount of food/dry goods within their dry, unrefrigerated outdoor storage containers, along with non-food items. Some of the items observed were large bags of stuffing, open plastic bags of bulk spices, boxes of assorted items; marinades, peanut butter etc. In May of 2008 the North Andover Board of Health held a meeting at which the plan for your outdoor refrigeration unit was approved unanimously by the members. There was brief discussion regarding the dry storage containers currently located where the new refrigerator will be constructed. Minutes of that meeting stated the following, "The rear of the plan shows steel container type structures, for non-food items such as paper bags, etc. Once of the containers is 8'x40', and one is 8'x20' feet. The request letter refers to the cooler, but not the dry storage." The storage units are not approved for the use of storing food items such as; dry goods, spices, condiments, beverages or other ingredient items whether in boxes or opened containers. Improper storage can lead to adulteration of the item or its packaging, which in turn could directly cause a foodborne illness. Therefore, the storage containers should be emptied of all food items within ten (10) days of this communication. The non —food items that are food related such as throw away paper cups and containers may stay within the unit as long as they are protected by an unopened plastic bag or in a box. If the task is completed in less than ten days, please contact this office and we will verify your compliance. However, failing to comply with this official Board of Health Order would be a violation of the MA Food Code 590.019 (B) and penalties of not less than $100 and not more than $500 per violation may apply. Thank you for your anticipated cooperation in this matter. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com In regards to the second issue of bringing in refrigerated trailers for the holiday season, this office has not received a written request from Butcher Boy to date. The items listed in the letter dated October 6, 2008 are restated below. 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 Without the submission of your request, it is assumed that Butcher Boy will not be utilizing the diesel powered trailers which were proposed to be kept on site for 3 or more days without being removed. Thank you for you cooperation in this matter. Sincerely, 7---%— �usan Sawyer, REHS/RS Public Health Director Cc Board of Health members Curt Bellavance, CD&S Director 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8416 Web www.townofnorthandover.com ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print yourYname and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: A. Signatu o C/ ❑Agent X ❑ Addressee B. R ved by (¢n'n;ed Namrn,it' {/f, C. Date of Delivery , D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Servic ype ertified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Numbe�Za)-C&C'L— `&—I (rransfer from service labeo 7003 2260 0006 8 6 2 7 19 61 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE • Sender: Please print your name, address, First -Class Mail Postage & Fees Paid USPS Permit No. G-10 NORTH ANDOVER HEAL H DEPT, 2 8 2007 1600 Osgood Stre t-rOWN OF NORTH ANDOVE Building 20, Suite 2 r, HEALTH DEPARTMENT W01). Andover, MA 01845 Jhnmati Ai jkl"La,P S.A *a& admilfed in //JJ.. BY HAND Callrey fys,.,;ib, P. C R Ca/% 5, NOV 2 7 2007 ,f,' `f 51444 TOWN OF NORTH ANDOV HEALTH DEPARTMENT /� 0 Rox 1317 300 (! .imx Sired, —1awrence, i �/q�� a 01842 978-686-6151 —?. 978-683-3399 e �I'llaif �MCAFFREY@CAFFREYSMITH.COM UVekde: CAFFREYSMITH.COM November 27, 2007 Mr. Thomas Trowbridge, DDS, MD Chairman, North Andover Board of Health 1600 Osgood Street North Andover, MA 01845 Re: Butcher Boy Meat Market, Inc. / Angus Realty Corp. Dear Mr. Trowbridge: This is in response to your letter dated November 13, 2007. As you may know, Mr. Ragonese, the abutter to the property which is owned by my client, has filed a civil action in Land Court against my client and the North Andover Zoning Board. In that action, Mr. Ragonese sought the removal of the trailers in question. Yesterday, the Land Court ordered that my client must cease using the trailers in their current configuration by no later than January 2, 2008. My client will abide by the Court's Order. I believe the Court's decision will render moot the issues raised by the Board of Health, but please call me if you have any questions regarding this matter. Very truly yours, f%,) �` - Matthew A. Caffrey cc: Client Mark Rees, Town Manager Gerald Brown, Building Inspector •ry\6wb � 1 Z. Y PUBLIC HEALTH DEPARTMENT (ommunity Development Division November 13, 2007 Matthew Caffrey Caffrey & Smith, P.C. P.O. Box 1317 300 Essex Street Lawrence, MA 01842 Re: Butcher Boy Market, 1077 Osgood Street Dear Mr. Caffrey, This letter is a follow up to the correspondence and conversations recently held with the Director of the Health Department, Susan Sawyer. Ms. Sawyer has informed the Board that you represent the Butcher Boy Market in the matter regarding the temporary use of the trailers for refrigerated storage at the 1077 Osgood Street. Ms. Sawyer has kept the Board members updated over the past 8 months, since Butcher Boy management came before the Board of Health. She informed the board when the trailers T-1 and T-2 were deemed up to standard for use as temporary refrigeration units. She also informed us when Mr. Tom Yameen came to the office and indicated that the plan was changing from building exterior refrigerated units to utilizing footage in the old Bella Vita Salon. Both actions by Butcher Boy were in compliance with their agreement with the Board in February 2007. The agreement was geared to allow time for the establishment to address the situation and eliminate the long term use of common tractor truck trailers as regular food storage. In good faith, the Board accepted your client's proposal to construct permanent outdoor storage units. According to your recent communication, your clients intend to continue to rely on the trailer units in perpetuity. The Board stands firm in this matter and is not entertaining options of this nature. This is a final request for information. The Board expects that a proposal with a timeline to discontinue the trailer use will be submitted within 14 days, or the use of the trailers must cease within 30 days of receipt of this letter. Failure to comply will result in a civil complaint filed against Butcher Boy Market for non-compliance to a Board of Health Order. Thank you for your anticipated cooperation in this matter of public health. Sincerely, Tho rowbn ge, DDS, MD / Chairman, North Andover Board of Health Cc: Board of Health members Butcher Boy Market Curt Bellavance, Community Development Director Mark Rees, Town Manager Tom Urbelis, Town Attorney 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web http://www.townofnorthandover.com �>OG�� �Cc,i�l � ��' �/ �� — JQ � �� moa tyORTH qA- �tLED 167 'YO 0 O Col., �RpORATED pPp`y�y �SSACHUS�� PUBLIC HEALTH DEPARTMENT Community Development Division Matthew Caffery Caffrey & Smith, P.C. P.O. Box 1317 300 Essex Street Lawrence, MAO 1842 November 29, 2007 Re: Butcher Boy Market, 1077 Osgood Street Dear Mr. Caffrey, Thank you for your response to the recent Health Department letter requesting an update on the status of the two refrigerated trailers being used for food storage at the Butcher Boy Plaza. Your letter states that Butcher Boy "must cease use of the trailers in the current configuration by no later than January 2, 2008". In addition to the letter, I personally held phone conversations with you and Mr. Tom Yameen on November 27h. The conversations clearly indicated that to comply with the statement above, the refrigerated trailers would be permanently removed from the Butcher Boy Market plaza property. The removal of these trailers, by the date required by the land court judge, will result in bringing the food establishment into compliance with the outstanding Board of Health Order to remove all food and food related articles from the units. The failure to remove the food and related articles from the temporary refrigerated storage units, known as T-1 and T-2, by January 2, 2008, will result in further legal action for non-compliance to a Board of Health Order. A re -inspection of the site will be conducted on January 3, 2008. Verification of the action proposed would result in the issuance of a Letter of Compliance, which will be forwarded to you. Thank you for your anticipated cooperation in the closing of this matter. ZSinceras Trowbridge, DD , MD Chairman of the N. Andover Board of Health Cc: Board of Health members Butcher Boy Market Curt Bellavance, Comm. Dev. Dir. Mark Rees, Town Manager 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com pORTFf R C �1LED 1 67 •rO �` Z. 90 o ..�. �4 cocnu �� BRAYED ►.Pp'��5 SSAcHUS PUBLIC HEALTH DEPARTMENT Community Development Division Matthew Caffery Caffrey & Smith, P.C. P.O. Box 1317 300 Essex Street Lawrence, MAO 1842 November 29, 2007 Re: Butcher Boy Market, 1077 Osgood Street Dear Mr. Caffrey, Thank you for your response to the recent Health Department letter requesting an update on the status of the two refrigerated trailers being used for food storage at the Butcher Boy Plaza. Your letter states that Butcher Boy "must cease use of the trailers in the current configuration by no later than January 2, 2008". In addition to the letter, I personally held phone conversations with you and Mr. Tom Yameen on November 27th. The conversations clearly indicated that to comply with the statement above, the refrigerated trailers would be permanently removed from the Butcher Boy Market plaza property. The removal of these trailers, by the date required by the land court judge, will result in bringing the food establishment into compliance with the outstanding Board of Health Order to remove all food and food related articles from the units. The failure to remove the food and related articles from the temporary refrigerated storage units, known as T-1 and T-2, by January 2, 2008, will result in further legal action for non-compliance to a Board of Health Order. A re -inspection of the site will be conducted on January 3, 2008. Verification of the action proposed would result in the issuance of a Letter of Compliance, which will be forwarded to you. Thank you for your anticipated cooperation in the closing of this matter. 7Thom as Trowbridge, DD, MD�- Chairman of the N. Andover Board of Health Cc: Board of Health members Butcher Boy Market Curt Bellavance, Comm. Dev. Dir. Mark Rees, Town Manager 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com t%0RTy q 0 �.``_%D_ 16y 11 Q 0 16 � Oy PUBLIC HEALTH DEPARTMENT Community Development Division November 29, 2007 Matthew Caffrey Caffrey & Smith, P.C. P.O. Box 1317 300 Essex Street Lawrence, MAO 1842 Re: Butcher Boy Market, 1077 Osgood Street Dear Mr. Caffrey, Thank you for your response to the recent Health Department letter requesting an update on the status of the two refrigerated trailers being used for food storage at the Butcher Boy Plaza. Your letter states that Butcher Boy "must cease use of the trailers in the current configuration by no later than January 2, 2008". In addition to the letter, I personally held phone conversations with you and Mr. Tom Yameen on November 27`h. The conversations clearly indicated that to comply with the statement above, the refrigerated trailers will be permanently removed from the Butcher Boy Market plaza property. The removal of these trailers, by the date required by the land court judge, will result in bringing the food establishment into compliance with the outstanding Board of Health Order to remove all food and food related articles from the units. The failure to remove the food and related articles from the temporary refrigerated storage units, known as T-1 and T-2, by January 2, 2008, will result in further legal action for non-compliance to a Board of Health Order. A re -inspection of the site will be conducted on January 3, 2008. Verification of the action proposed will result in the issuance of a Letter of Compliance, which will be forwarded to you. Thank you for your anticipated cooperation in the closing of this matter. Sincerely ,_.,-"'/Susan Sawyer, REHS/RS Public Health Director Cc: Board of Health members Butcher Boy Market Curt Bellavance, Comm. Dev. Dir. Mark Rees, Town Manager 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com March 14, 2008 Susan Y. Sawyer Public Health Director Town of North Andover 1600 Osgood Street North Andover, MA 01845 Dear Susan, Butcher Boy Market requests to be placed on the agenda for the March 27, 2008 Board of Health meeting in order to present a proposal to construct an approximately eight hundred (800) square foot outside refrigerated storage cooler. The purpose of the request is to alleviate ongoing storage space inadequacies at Butcher Boy Market. The proposed outside walk-in cooler will be used for the storage of sealed food products, e.g. - Boxed & sealed meat, poultry, pork and lamb - Boxed and sealed hams and cheeses - Cryovac sealed finished product such as marinated meat, poultry, pork and lamb products - Various food products in sealed boxes/containers The proposed cooler will be monitored (24 hours) on a central temperature alarm system located within the Butcher Boy store deli department. Any variance from required temperature sets off an audible alarm. The proposed cooler will be monitored (24 hours) on a central security alarm system to prevent unauthorized access. The proposed cooler will be cleaned and sanitized a minimum of weekly (cleaning log to be maintained). The proposed cooler and adjacent area will be inspected by a licensed pest control company on a bi-weekly basis. We look forward to working with your members in order to address any possible health department concerns. Sincerely, Z,Cx4 Thomas K. Yameen Vice President 1077 OSGOOD STREET • NO. ANDOVER, MA O 1845 • 978-688- 151 1 - FAx: 978-685-5640 www.butcherboymarket.com � Z10RTM q Q 4tLlD '61 �O OL DEQ_ COC WCW WKY� PUBLIC HEALTH DEPARTMENT Community Development Division March 28, 2407 Butcher Boy' Market 1077 Osgood Strut North Andover, MA 01845 Re: storage trailers Dear Establishment Owner, This correspondence is in regards to the continued temporary use of truck trailers as food storage units at Butcher Boy Market. On March 28, 2007 Health Department personnel, on request of Mr. Tom Yameen, conducted an inspection of truck trailer T-1. The Health Department reviewed the refurbishing of the truck in relation to the approved plan. T-1 Trailer The Health Department has found the condition of the vehicle acceptable for the temporary holding of potentially hazardous foods as determined by the Board of Health. At minimum, please adhere to the following criteria: 1) All potentially hazardous food items must remain on their pallets, and in their packaged form as received upon delivery. If a portion of a pallet of food is needed for display, then the entire pallet will be transferred into the store prior to disturbing the shrink-wrap or packaging. 2) Monitoring of the temperatures must continue and be logged at least twice a day until the truck use is discontinued. (Maintain logs for viewing) 3) Cleaning and sanitizing of the vehicle's washable surfaces will be conducted as needed and in accordance with a cleaning schedule. Regarding the electric power hook-up to the trailers. Please be advised that all proper permits must be applied for prior to the work. As the entire area is within the buffer zone of the wetland, Please contact the Conservation Department if you plan to do any excavation. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com As stated in a previous Health Department letter, at this time it is understood that there is no plan 'to change the compressors. The applicant is hoping the relocation and reduction in the number of units will be sufficient for the short time these trailers are in use. If the Health Department becomes aware of any abutter concerns you will be contacted immediately to discuss the issue and you may be requested to initiate action to alleviate any possible nuisance issues. Although, this office has approved your request for continued use, please be advised that the BOH members noted, in the last Board of Health meeting, that it would be in the applicant's best interest to investigate possible solutions so to avoid additional abutter concerns or complaints. It is still recommended that you do additional research on this subject. In the event the changes are not sufficient, you can then be prepared to provide the Health Department with all relevant information. Additional changes have been proposed. The applicant has notified the Health Office that the proposal for additional refrigeration storage will be changed from an exterior unit to interior coolers within a soon to be vacant unit. Plans for the refrigeration area will be forthcoming. Complete plans will need to be submitted to all applicable town departments. The area being considered is a section of the now existing Bella Vita Salon. This salon will vacate the plaza within the next few months. Butcher Boy's construction timeline is not certain as it is depending on Bella Vita's relocation. Please contact the Health Office if you have any questions regarding this correspondence. Thank you for your cooperation in the very important matter of public Health. Sin , ZS Sawye , S/RS Public Health Director Encl. Health Inspection report- 3/28/2007 Cc: Board of Health Members File 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com L9 v C d 8I D c 0 R U C N C O 0 �N a U co J CA N D O O N 0 N VM O T m �"O U , O QN l .. I v I M O O 0 0 0 :r,N N OUE�coE O O c 'o N E �- E C O` V C _O U U m m i= aU ow ar. o � `o o> Z o g> O 0 >, V � � m ID 000) 0 CL N eta }= m:o C N J ' N t/i 0 V Od O a?�L Qp F- —0 F- 3 CO —M MM� m m o a� 'Cum=) m m ; ug 3. °��—a)0Em�3 — -- -- - — -------- U) LL o L Z)m>W 5. -a E o U C N C O 0 �N a U co J CA N D O O N 0 N VM 14 .^ t V%ORTH a,• of 4t4lO 16*l-rO O 4_ cocwicNewar _ 1. PUBLIC HEALTH DEPARTMENT Community Development Division March 7, 2007 Butcher Boy Market 1077 Osgood Street North Andover, MA 01845 Re: storage trailers Dear Establishment Owner, This correspondence is in regards to the continued temporary use of truck trailers as food storage units at Butcher Boy Market. On March 7, 2007 Health Department personnel, on request of Mr. Tom Yameen, conducted an inspection of truck trailer T-2. The Health Department reviewed the refurbishing of the truck in relation to the approved plan. T-2 Trailer The Health Department has found the condition of the vehicle acceptable for the temporary holding of potentially hazardous foods as determined by the Board of Health. All procedure must meet the following criteria: 1) All potentially hazardous food items must remain on their pallets, and in their packaged form as received upon delivery. If a portion of a pallet of food is needed for display, then the entire pallet will be transferred into the store prior to disturbing the shrink-wrap or packaging. 2) Monitoring of the temperatures must continue and be logged at least twice a day until the truck use is discontinued. 3) Cleaning and sanitizing of the vehicle's washable surfaces will be conducted as needed and in accordance with a cleaning schedule T-1 Trailer The Health Department has received your proposal to refurbish Trailer T-1. The proposal is acceptable to the Health Department. You are approved to move forward with the refurbishing of T-1. Please contact the Health Departmetnt upon completion of the project so that an 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com f inspection maybe conducted and approval to again utilize T-1 for cold food storage can be given. Please contact the Health Office if you have any questions regarding this correspondence. Thank you for your cooperation in the very important matter of public Health. Sincerely, Susan Sawyer, REHS/RS Public Health Director Cc: Board of Health Members File 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com North Andover Board of Health MEETING AGENDA Monday, January 29, 2007 6:30 p.m. Town Hall Building 120 Main Street, 2nd Floor Selectmen's Meeting Room Present: Thomas Trowbridge, Chairman; Larry Fixler, Clerk; and Jonathan Markey, Member. Michele E. Grant, Health Inspector represented the North Andover Health Department. CALL TO ORDER The meeting was called to order at 6:07 p.m. There was a motion by Mr. Markey, 2"a by Mr. Fixler, to recess to Executive Session to discuss legal matters regarding a litigation settlement. All were in favor. II PUBLIC HEARINGS Open session began at 6:45 p.m. Legal Matter Motion: A motion was made by Mr. Markey to enter a settlement agreement with Integrated Paper and TBI, and the North Andover Board of Health; giving Dr. Thomas Trowbridge, Board of Health Chairman, the ability to review and edit the settlement. Mr. Fixler seconded the motion. All were in favor. Butcher Boy —1077 Osgood Street Dr. Trowbridge began the hearing by giving a quick background concerning the November 9, 2006 order letter issued by Susan Sawyer, North Andover Public Health Director to Mr. Yameen and Butcher Boy in regard to the use of temporary trailer trucks utilized for food storage. The order was issued to discontinue the use of the trailer trucks for food storage and food related articles effective December 31, 2006. The letter included the note that Butcher Boy could request modification, or revision of the order letter, or request an extension of this order letter. Mr. Yameen requested an extension to January 31, 2007. We are here to discuss that item at this point. Mr. Phil Ventresca of ESI Qual International, 968 Washington Street, Stoughton, MA represented Butcher Boy and began by stating he had responded to the November 9, 2006 order in his January 18, 2007 letter by requesting revocation on the basis that the food products stored are protected from contamination in units which are compliant to Massachusetts code. He referred to Susan Sawyer's letter of December 18, 2006, requesting clarification of regulations on outside food storage and the Kim K. Foley, Massachusetts Dept. of Public Health, Food Protection Program response of December 22, 2006 that outside storage is allowed. Thus, Butcher Boy's request to revoke the letter or if is that the letter be revoked if it is felt that the trailers are in violation or modified. Can the Board tell him where the violations are? He cited Food Code section 3-3 305.1, 6.5 501.11 and 6-5 501.12 6. If the Board felt there were violations, please let us know and then we can take steps to modify, bring the storage into compliance. We are looking for answers, then we can respond to the revocation with specific remedies; if we know the specific violations. If we put replacement trailers in there, and you tell us those are in violations. Board & Health Department members made inspections on January 16 and January 23 2007; we did not receive any written notification of observed violations or terms of remedy. Butcher Boy has also submitted plans for long-term to replacement. We January 29, 2007 North Andover Board of Health Meeting — Meeting Agenda Page 1 of 4 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, Jonathan Markey, Member; Larry Fixler, Member/Clerk Health Department Staff: Susan Sawyer, Health Director; Debra Rillahan, Public Health Nurse; Michele Grant, Public Health Inspector; Pamela DelleChiaie, Health Department Assistant for food now. Ms. Sawyer is open to your proposals and will look at everything; especially, washable surfaces, guaranteed temperatures, and air -tight doors. Mr. Markey added a locking mechanism that shuts tight. Mr. Ventresca suggested replacing the door gaskets. Dr. Trowbridge said that they would look at the proposals to see if they met standards but the applicant to provide the information to the Board. Mr. Ventresca said if they wanted impervious surfaces, then they would do the walls and floors, for wet/dry vacuum, temperature control at constant level. Dr. Trowbridge asked how long did they need for a formalized plan of procedure? Mr. Ventresca said one week to 10 business days. He would have to check on availability of materials, or maybe the availability of replacement trailers. Mr. Fixler was concerned about food protection now. Mr. Ventresca requested that Butcher Boy be told what is contaminated and we will be glad to take care of it. The rust on the walls isn't contamination. Mr. Markey replied that the non-compliance with the food code is the lack of impervious, washable surfaces. Also, the doors are not air -tight. He would like to see better doors, or the weather-stripping replaced. Mr. Fixler was concerned about the food still there. He mentioned the difference between the spectacular new walk-in and the trailers. In contrast, the trailers seemed of very low quality, even if the food is in Cryovac packaging. He suggested that the Woburn Health Department's approved trailers be considered to replace the existing trailers. Mr. Markey mentioned that the trailers have existing hard -wiring, to transport the product off-site is to lose access for inspection. Ms. Grant expressed concern that the far end of the trailers are hard to inspect because there is no interior path; she suggested that rotation of contents be part of the proposed plans and procedures. Dr Trowbridge said that the Board of Health does appreciate the high standards that Butcher Boy maintains, but that they feel the trailers are not in keeping with those high standards. He felt that Butcher Boy needed to convince the Board that those transport trailers, designed to transport food from point A to B, were adequate. He said that the Board clearly recognized that there has been no food contamination reported from Butcher Boy in the last 7 years, and that record allows the Board to extend the order letter. While the first extension was granted by the Public Health Director for hardship because of the holiday season, this extension is being granted by the Board of Health and he doesn't think the Board will grant another extension. He suggested that Butcher Boy may prefer to present 2 options to the Board; one for retro -fit; one for new containers. He stated that the Board suggests that Bucher Boy place two thermometers in each truck, one at each end, and keep a log starting tomorrow, January 30, 2007. Mr. Ventresca said that he understood and repeated: impervious surfaces, washable, temperature control, logging starting tomorrow, and a time —line on something less than the 15th. Dr. Trowbridge clarified that the time frame was to get a plan done. Ms. Grant added that the plans should be at the Health Department for Susan Sawyer's review at least 2 days prior to the hearing for her review or perhaps 4 business days, the 8th? Mr. Ventresca said that the 8th is next week. Dr. Trowbridge said the meeting is on the 12th, since today is the 29th; that gives you 10 days to the 8th; you said that you could provide a plan in 7 to 10 days. Dr. Trowbridge asked if anyone else wished to address the Board? Mr. Markey moved to extend the existing order letter to the next Board of Health date, and to provide Susan Sawyer with the plans, at which time to receive plans detailing either a retrofit of the trailers or provide different containers while permitting is sought for permanent containers. January 29, 2007 North Andover Board of Health Meeting — Meeting Agenda Page 3 of 4 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, Jonathan Markey, Member; Larry Fixler, Member/Clerk- Health ember/ClerkHealth Department Staff: Susan Sawyer, Health Director; Debra Rillahan, Public Health Nurse; Michele Grant, Public Health Inspector, Pamela DelleChiaie, Health Department Assistant III ADJOURNMENT Mr. Markey moved that the hearing be adjourned, Mr. Fixler 2nd the motion. Dr. Trowbridge and Mr. Markey voted to adjourn. Mr. Fixler voted against the motion. Dr. Trowbridge said the hearing adjourned at 8:1 OPM. January 29, 2007 North Andover Board of Health Meeting — Meeting Agenda Page 4 of 4 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, Jonathan Markey, Member; Larry Fixler, Member/Clerk- Health ember/ClerkHealth Department Staff: Susan Sawyer, Health Director; Debra FiIlahan, Public Health Nurse; Michele Grant, Public Health Inspector, Pamela DelleChiaie, Health Department Assistant will draft plans for food code compliance once we know. Also, we have submitted draft plans for a code - compliant food storage unit 100' long on a 12" high concrete bed, We have not received the Board's approval on that. Also, there is the uncertainty about other Board approvals. We want to know where to put the money. Nobody has given Butcher Boy specific violations, or copies of written procedures for storage and cleaning, steps for work habits, food handling, how to protect food from biological, physical or chemical contamination. Mr. Markey asked if the proposed containers are NFS-certified for exterior storage? Mr. Ventresca said that there aren't specific requirements for these exterior storage containers in NFS, but they meet the NFS requirements for temperature. NFS doesn't set requirements for type of structure. Mr. Markey asked if they had sought all the approvals necessary for permanent storage? Mr. Ventresca said the process could take about 8 months from start to finish for formal approval, he is just guessing based on prior experience with the different Boards. Ms. Grant said the process is Butcher Boy drafts a proposal, if it meets requirements, then the interim plan would be accepted. Mr. Markey asked if it could meet North Andover standards? Ms. Grant said if the structure is large enough to fit the containers, meet all the requirements of state regulations and NFS, such as washable surfaces. Mr. Fixler said that his primary concern was now: cooler trucks are not the same as permanent storage with monitored continuous air -flow. These trailers have rusty walls and wooden floors. The doors did not form a complete seal; he did not feel that the trailers were completely air tight. He was told, "Oh, don't look at that — it doesn't work" about one of the outside rear door's thermometers. Mr. Fixler asked if the trailers were insulated, did they have air compressors? Mr. Ventresca said that they were insulated, but he did not know to what degree. The trailers are monitored with pocket thermometers and there are air temperature monitors inside each trailer, at the door end, the warmest area. Mr. Fixler said he was concerned about fluctuating temperatures on food quality; for instance, last Friday's very cold temperatures; can the trailers maintain constant temperature? Mr. Ventresca said the thermostat controls maintain constant temperatures, pre-set to maintain temperature below 40°. Mr. Fixler asked about freeze/re-freezing on food consistency, food quality? Mr. Ventresca said that freeze/re-freeze doesn't contaminate meat. Meat is shipped at 27.3 or 27.5. The refrigeration won't drop that low unless the thermometer is set that low. It arrives with a crust chill which retards spoilage, pathogen growth. This has been standard practice for 30 years. Mr. Fixler said these are transport trucks, not permanent storage. Mr. Ventresca said that these are not permanent storage; they are for overflow and food is sold as quickly as possible. It is temporary storage; food probably doesn't stay in the trucks longer than 3-5 days. It would be in transport trucks for longer periods; processor to store. Dr. Trowbridge expressed concern with the door seals and the traffic in and out. Mr. Ventresca said that the meat was protected in vinyl bags, then in cases. Every single piece is inspected for physical, biological, or chemical contamination prior to cutting. Mr. Markey said that product quality was not up to the Board of Health; our question is the product safe? He referred to the last paragraph in the Kim Foley letter; "inability to control potential keep clean from pest, rodent control. He proposed that an interim retrofit during the 8 month permanent structure permitting process. An impervious surface, such as melamine, can be glued to the walls, and a cleanable, washable rubber floor can be put down. It is easy and inexpensive, and can be spray -washed and would satisfy the Board of Health for the interim. Ms. Grant added that our position is that the trailers are unfit January 29, 2007 North Andover Board of Health Meeting — Meering Agenda Page 2 of 4 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, Jonathan Markey, Member; Larry Fixler, Member/Clerk Health Department Staff: Susan Sawyer, Health Director, Debra Rillahan, Public Health Nurse; Michele Grant, Public Health Inspector, Pamela DelleChiaie, Health Department Assistant a TRANSMISSION VERIFICATION REPORT TIME 01109/2007 14:46 NAME HEALTH FAX 9786888476 TEL 9786888476 SER.# 000B4J120960 DATE DIME 01109 14:43 FAX NO./NAME 89789740049 DURATION 00:03:14 PAGE(S) 03 RESULT OK MODE STANDARD ECM North Andover Health Department 1600 Osgood Street Building 20, Suite 2-36 North Andover,'MA 01845 978.688.9540 . Phone 978.688.8476 — Fax heal hdept townofnorthandover.com - E-mail www.xo_w_nofnorthandoversom Website Utter of Transmittal, Page .__/ of TO: / ••! WE: r /� COMPANY: FROM: Pamela belleChiaie, health Department Assistant Phone: Fox: We ore sendin# you: O Capp of t etter O Plans O Other (fi*// in he%w) These are transmitted as checked below: > L749 va ffM* ► ➢ L7a6n4►oW ➢ aafRow > L7Ar&WbwandaauFnW ➢ L7AFkqh& > Carrowite COPY TO: 0 A O ,it "iNfff MWd > 0&6& wasfw&f It North Andover Health Department 1600 Osgood Street Building 20, Suite 2-36 North Andover, MA 01845 978.688.9540 - Phone 978.688.8476 — Fax healthdept(pftownofnorthandover.com - E-mail www.townofnorthandover.com - Website Letter of Transmittal Page / of ,_5 rj pORTH q O tt�eo �6e �O O L CoC TO: / DATE: COMPANY: FROM: Pamela DelleChiaie, Health Department Assistant Q Phone: RE: Fax: We are sending you: O Copy of Letter O Plans O Other tfi// in below) These are transmitted as checked below: ➢ L7*pvvedasMvted ➢ L7AsR gtaAV ➢ OQsReghW ➢ OF r4pva ➢ OkrlPeviiewarla�►msert ➢ OAr rowite ➢ OlPesrn6 o apiesfr ➢ Oku 7* apbsfar&t. REMARKS: COPY TO: COPY TO: SIGNED: COPY TO: J �1 ►� W � MITT ROMNEY GOVERNOR KERRY HEALEY LIEUTENANT GOVERNOR TIMOTHY R. MURPHY SECRETARY PAUL J. COTE, JR. COMMISSIONER December 22, 2006 The Commonwealth of Massachusetts Executive Office of Health and Human Services Department of Public Health Food Protection Program 305 South Street, Jamaica Plain, MA 02130-3597 617-983-6712 617-983-6770 - Fax Susan Sawyer North Andover Health Department. 1600 Osgood Street North Andover, MA 01845 Dear Ms. Sawyer: This letter is in response to your letter of December 18, 2006, regarding the ongoing situation of truck trailers being used for food storage at a food establishment in your community. I will attempt to summarize the code citations around this situation and answer the three questions posed in your letter: 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? Response: The physical facilities in a food establishment must meet the physical parameters and cleanliness standards of the food code outlined in 6-1 and 6-5 whether they are interior, exterior, dry storage, refrigerated. There is no specific prohibition in the food code relating to mobile trailer storage. Generally speaking, trailers are used as a short term food storage solution or for use while food is in transit. 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? Response: Yes. 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? Response: No, the physical facilities in a food establishment must meet the physical parameters and cleanliness standards of the food code for any food storage. I 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. Y, Kim K: Fol , R.S. Food Prote tion Program MA Department of Public Health Town of North Andover Community Development Division 400 Osgood Street North Andover, Massachusetts 01845 Angus Realty Corporation 1077 Osgood Street North Andover, MA 01845 November 28, 2005 Mr. Ken Yameen: This letter is in response to a meeting with Mark Rees, Town Manager seeking a resolution to the refrigeration units located behind the Butcher Boy Market Place. It is our understanding that an abutter, Frank Rangonese fled a complaint against the Butcher Boy Market Place regarding the level of noise produced by the structures. We further understand that discussions between Butcher Boy Market Place and Mr. Rangonese were left unresolved. Mr. Rees asked the Community Development Division to examine the historical records and remedy the situation. The statements below are based on information of record within the Division of Community Development. As defined by the North Andover Town Bylaw and as determined by the Inspector of Buildings, the refrigeration units are categorized as a building and/or structure.' Building Department records indicate that the Butcher Boy Market Place did not obtain the necessary building permits to construct or locate the refrigeration units on the property. As such, the Butcher Boy Market Place is currently in violation of 780 CMR 110.0 Application for Permit, Subsection 110.1 Permit Application which states: "It shall be unlawful to construct, reconstruct, alter, repair, remove or demolish a building or structure; or to change the use or occupancy of a building or structure; or to install or alter any equipment for which provision is made or the installation of which is regulated by 780 CMR with first filing a written application with the building official and obtaining the required permit therefore. " The Building Department would be required to issue a Cease and Desist order for those structures without a building pen -nit. Upon examination of the Planning Department files, the Site Plan Special Permit in the 1988 Settlement Decision and 1990 Planning Board Conditions of Settlement make no mention of structures utilized for refrigeration. Further, the Final Approved Site Plans dated 10/15/86, Revised 10/22/91 do not contain any reference or detail of structures used for refrigeration outside the footprint of the approved main Town Bylaw Section 2.26 Building - A structure having a roof supported by columns or walls for the shelter, support, or enclosure of persons, animals, or property. Town Bylaw Section 2.68 Structure - Means a combination of materials to form a construction that is safe and stable, including, among others, buildings, stadiums, tents, reviewing stands, platforms, staging, observation towers, radio towers, water tanks, towers, private and public swimming pools, trestles, piers and wharves, sheds, shelters, fences and walls, and display signs, the term structure shall be construed as if followed by the words "or part thereof. building. As determined by the Town Planner, the buildings and/or structures in question are considered substantial and materially different to the approved site plan and require the applicant to file a modification with the Planning Board in accordance with Section 8.3.8 of the Town Bylaw. The Conservation Administrator recently conducted an onsite inspection and after reviewing Conservation Department tiles, determined that the refrigeration structures are in violation to the 50' No Build setback and 25' No -Disturbance setback as regulated in 3.4 (Buffer Zones) of the North Andover Wetlands Protection Bylaw, which reads: "Where a proposed activity involves the removing, filling, dredging or altering of Buffer Zone, the Commission shall presume that protection of'the Buffer Zone of'a resource area identified in Section .1.3 is significant to the interests specified in .Section 178.1 of'the Bylaw. This presumption is rebuttable and may be overcome upon a clear showing that the Buffer Zone does not play a role in the protection of said interests. In the event that the Commission deems that the presumption has been overcome, the Commission shall make a written determination to this effect, setting forth its grounds. The 100 foot Buffer Zones of Bordering Vegetated all contain, at a minimum, a 25 foot No -Disturbance Zone and a 50 - foot No -Build Zone... " Further, all activities performed (including, but not limited to the placement of a structure(s)) within the 100' buffer zone to a protected wetland resource area shall be subject to review and approval by the Conservation Commission. "The Commission shall not grant such permission without receiving written notice of the intention to conduct such activity, and without issuing written permission to do so in compliance with the provisions of the Bylaw" We strongly encourage you to meet with the Staff of the Community Development Division to discuss an appropriate course of action and alternatives to the current refrigeration units on site. The Town fully appreciates the commercial and historical significance of the Butcher Boy Market Place. The Community Development Division would be more than willing to work with Butcher Boy Market Place to resolve this issue in the best interest of the parties involved. If you have any questions, please feel free to contact Curt Bellavance, Community Development Division Director at 978-688-9533. Sincerely, Lincoln Daley, Town Planner on behalf of the North Andover Community Development Division CC: Mark Rees, Town.Manager Curt Bellavance, Community Development Director Gerald Brown, Inspector of Buildings Alison McKay, Conservation Administrator Susan Sawyer, Health Director Lincoln Daley, Town Planner Frank Rangonese, Abutter Mark H. Rees Town Manager October 24, 2005 Mr. Jerry Brown Inspector of Buildings Town of North Andover Ms. Susan Sawyer Director of Health Town of North Andover Dear Jerry and Susan, TOWN OF NORTH ANDOVER OFFICE OF TOWN MANAGER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Telephone (978) 688-9510 FAX (978) 688-9556 0 C t 2 6 2005 I recently tried to informally mediate a dispute between the owner of Butcher Boy Market, Mr. Thomas Yameen, and his neighbor, Mr. Frank Ragonese, regarding noise emanating from two air-conditioned trailers located behind the Butcher Boy store. Please see attached letter from Mr. Ragonese for additional details on his complaint. Unfortunately, I have been unsuccessful in that endeavor. Mr. Yameen arranged to have a noise barrier constructed, however, Mr. Ragonese has informed the town that it is inadequate. As such, I am referring this matter to the two of you, as the town's Inspector of Building and Health Director for investigation and resolution, consistent with applicable rules and regulations. Should you have any questions or need additional information, do not hesitate to contact me. Thank u, ar H. Rees Town Manager Cc: Curt Bellavance, Director of Community Development Mr. Frank J. Ragonese Mr. Thomas Yameen Mark I.I. Rees Towii Mwi ager October 24, 2005 Mr. Jerry Brown Inspector of Buildings Town of North Andover Ms. Susan Sawyer Director of Health Town of North Andover Dear Jerry and Susan, TOWN OF NORTH ANDOVER OFFICE. OF TOWN MANAGER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 jLRD 4M1 p~� Telephone (978) 688-9510 FAX (978) 688-9556 OCT 2 6 2005 1 c1 - z I recently tried to informally mediate a dispute between the owner of Butcher Boy Market, Mr. Thomas Yameen, and his neighbor, Mr. Frank Ragonese, regarding noise emanating from two air-conditioned trailers located behind the Butcher Boy store. Please see attached letter from Mr. Ragonese for additional details on his complaint. Unfortunately, I have been unsuccessful in that endeavor. Mr. Yameen arranged to have a noise barrier constructed, however, Mr. Ragonese has informed the town that it is inadequate. As such, I am referring this matter to the two of you, as the town's Inspector of Building and Health Director for investigation and resolution, consistent with applicable rules and regulations. Should you have any questions or need additional information, do not hesitate to contact me. Thank u, ar H. Rees Town Manager Cc: Curt Bellavance, Director of Community Development Mr. Frank J. Ragonese Mr. Thomas Yameen