Board of Health Meeting Minutes

March 25, 2004

Members Present: Mark Baker, Dan Brown (alternate), Cynthia Gast, Duane Gregory David McLean, Ken Janson

Members Absent: None

Health Inspector: Pat Pajaron

Health Agent: Jane Evans Raasch

The meeting was called to order at 5:30 p.m.

AGENDA

PUBLIC HEARINGS

I. Articles in the April 7^th, 2004 Special & Annual Town Meeting Warrants

A. Article 3 of Special Town Meeting Warrant

No proponents or opponents present to discuss or present.

Public section of hearing closed.

Mark Baker thought for the sake of clarity that the BoH should change the language in the proposed article concerning the Zoning Growth Management By-Law from “Title V Design Flow” to “Title V Flow.” If the BoH approves, he would bring this matter up on the Town Meeting floor as an amendment.

Motion: Mark Baker moved to support making the change in terminology as an amendment at the Special Town Meeting.

Ken Janson seconded the motion and it passed 4/0/1 (Duane Gregory).

B. Article 21 of Annual Town Meeting Warrant

No proponents or opponents present to discuss or present.

Public section of hearing closed.

Mark Baker again proposed the same change to the language in the Zoning Growth Management By-Law to read “Title V Flow” instead of “Title V Design Flow” and the board agreed.

Mark Baker further queried the BoH as to whether or not they would like to have the Health Agent and the Building Commissioner in charge of making Title V flow decisions and rulings. The reason given was that while a Health Agent would always be qualified to do make such findings, future Building Commissioners may or may not have experience in this area. Mark requested to substitute language in Section 6200 and 6300 to read “the Health Agent in concert with the Building Commissioner.”

Pat Pajaron told the board that the discussion of the language “Title V design flow” is ongoing with the Building Commissioner and that she and the Health Agent agree with the language of “Health Agent in concert with Building Commissioner.”

After discussion from the board about who would have the final say in decision making should there be a difference of opinion between the Health Agent and the Building Commissioner, the board amended the change to read, “Health Agent in concert with Building Commissioner…. Based on Title V regulations and local Board of Health regulations, whichever is more stringent” and “….should the Health Agent and Building Commissioner disagree, then the Board of Health will decide.”

Motion: Mark Baker moved to have the Board of Health, through the Chair, make the amendment as discussed on the floor of the Annual Town Meeting. Cynthia Gast seconded the motion and it was open for discussion.

Duane Gregory had some questions and concerns that she brought before the board. She did not agree with the idea in Article 21, Section 6300, paragraph 4, which she felt equated to a “use it or lose it” rule. She felt there were specific cases where the property owner could be penalized for shifting their bedroom allotment during renovations. Duane felt that it was punitive that someone who has an existing flow who reduces that flow will lose the right to regain the original flow after two years. Therefore Duane Gregory will vote against the amendments and voice her opposition to the whole article at Town Meeting.

Mark Baker suggested making the donation of extra gallons an elective option open to the property owner. The board agreed that the property owners connected to the sewer would still have to pay the betterment on the gallons they gave up.

After more discussion on the logistics and theories of the Article 21, Section 6300, paragraph 4, the board decided that there was a flaw in the whole Article because there are no details on how these additional gallons would be tracked.

Revised Motion: Mark Baker revised his previous motion to revise Article 21 in five ways: 1. Delete design from Title V design flow, 2. Add the language “Health Agent in Concert with Building Commissioner, 3. Emphasize decisions will be based on “Board of Health regulations and Title V regulations whichever is more stringent,” 4. Board of Health will have final authority over Title V decisions in cases of disagreement between the Health Agent and the Building Commissioner, and 5. Delete page 3 paragraph 4 and page 4 paragraph 3 from the Article until there is more detail on methods of tracking.

The motion passed 3/2/0 (Duane Gregory, David McLean: minority vote)

2. Tom Griffin – New Tattoo and Body Piercing Business – Ink Bottle Blues

Proponent Tom Griffin appeared with Charles Robbins and Alec Strickland. Mr. Griffin explained to the board that he wants to reopen the shop formerly known as the Hole Image. He doesn’t plan many changes in the business.

The Health Inspector agreed that the establishment was licensed as a tattoo and piercing place of business and the floor layout meets regulations. Mr. Griffin needs to provide proof of liability insurance. A final property inspection still needs to be conducted.

After no opponents or other questions from the public, the public portion of the Hearing was closed.

Motion: Mark Baker moved to approve a tattoo and piercing facility license at 3 Standish Street for Tom Griffin to be called Ink Bottle Blues with the condition that the applicant supplies proof of liability insurance and passes final inspection. Ken Janson seconded the motion, and it passed 5/0/0.

Public Comments

None

Old Business

None

New Business

Tom Griffin – New Tattoo Artist

Mark Baker told the board Mr. Griffin meets all licensing requirements and has no previous problems noted from the Abington Health Dept. The Health Inspector suggests approval of the permit on condition of proof of a negative TB test.

Motion: David McLean moved to approve the New Tattoo Artist permit with the condition the applicant provides a negative TB test to the Health Inspector.

Duane Gregory seconded the motion and it passed 5/0/0.

Charles Robbins – New Tattoo Artist

Mr. Robbins told the board he has been a tattoo artist since 2001 and completed an 18-month apprenticeship under Tom Griffin. Mark Baker told the board Mr. Robbins meets all licensing requirements and has no previous problems. The Health Inspector suggests approval of the permit on condition of proof of a negative TB test.

Motion: David McLean moved to approve the New Tattoo Artist permit with the condition the applicant provides a negative TB test to the Health Inspector.

Duane Gregory seconded the motion and it passed 5/0/0.

Alec Strickland – New Tattoo Artist

Mr. Strickland told the board he has been a tattoo artist since 2001 and completed an 18-month apprenticeship under Tom Griffin. Mark Baker told the board Mr. Strickland meets all licensing requirements and has no previous problems. The Health Inspector suggests approval of the permit on condition of proof of a negative TB test.

Motion: David McLean moved to approve the New Tattoo Artist permit with the condition the applicant provides a negative TB test to the Health Inspector.

Duane Gregory seconded the motion and it passed 5/0/0.

300 Commercial Street – Reduction in Required Grease Trap Size

Sandy Turner represented Wayne Perry and presented their case to the board. She explained there was a size constraint on the restaurant’s lot and that they had placed their grease trap under the sidewalk (on town property with permission) and could only fit a 1,500-gallon grease trap. There is not enough room under the sidewalk for the required 2,000-gallon trap, so she requested they be allowed to install a 1500-gallon trap instead.

Motion: Duane Gregory moved to approve the installation of a 1500-gallon fiberglass grease trap at 300 Commercial Street, The Mayflower Café, instead of the required 2000-gallon trap, with the condition they install a monitor with the alarm to be set at 22% capacity for grease. Ken Janson seconded the motion, and it passed 5/0/0.

Transfer Station Regulations – Review revisions prior to Public Hearing on 4-22-04

Proposed changes were made to Part VI, Article 5, section 3 regarding the definition of a half-load of grass/leaves/brush and corresponding fees. Members of the board and public discussed detailed definitions of a half-load, as well as a way to implement the fee increase over a period of time. They plan for the changes to go into effect after the public hearing that will be held on April 22, 2004.

Pat Pajaron brought another issue to the board regarding private trash being thrown into public bins and dumpsters. Some solutions were discussed, such as labels on the trash cans notifying the public of fines related to this offense, or new trash cans that had only a very small opening, not allowing for disposal of bags of garbage.

236 Commercial Street – Unitarian Universalist Church – Request for Change in Flow Designation

Bob Winge and James Mack were present to represent the Unitarian Universalist (UU) Meeting House design flow designation for their 100 seat function hall. The Health Agent had discussed the property with Brian Dudley of the DEP who felt that a reduction in assigned flow could be allowed as long as the kitchen was removed or a deed restriction was recorded with the property restricting the use of the kitchen to coffee and reheating already prepared foods with no potentially hazardous foods allowed.

Mr. Winge, Mr. Mack and the board discussed definitions of kitchens, usage and seat flow assignment. The UU felt they could not afford their current betterment but did not want to give up the usage of their kitchen, as they often had pancake breakfasts and other meals for the congregation and community. They discussed the history of the property, including errors in the betterment charge made and rectified in the past, as well as seat definition and deed restriction needs.

The discussion concluded without reaching resolution with the UU. A standing offer from the Board of Health was made to reduce the existing assessment of 15 gallons per seat per day for the function hall to 3 gallons per seat per day if the kitchen was removed or a deed restriction was recorded limiting the use of the kitchen.

Any other business that shall properly come before the Board

Mark Baker proposed a ballot be made for the Board of Health appointed positions so that it can be voted upon on the April 22 meeting. Following discussion by the board, the following motion was made.

Motion: Mark Baker moved that the BoH ballot for the Annual Meeting on April 22nd read as follows: Chair – Mark Baker, Vice Chair – Duane Gregory, and Clerk – Ken Janson. Cynthia Gast seconded the motion and it passed 5/0/0.

Approval of Minutes : Meeting of 03/11/2004

Motion: David McLean moved to approve the minutes of March 11, 2004 as presented. Ken Janson seconded the motion, and it passed 4/0/1 (Cynthia Gast).

Health Agent and Health Inspector’s Reports

Health Agent – No further report.

Health Inspector – Pat noted that the Licensing Board revised their outside artist regulations to move control over “any art that touches the human body” to the Board of Health.

A Rabies contingency plan is being worked on with Police Chief Meyer. Also under discussion is the possibility of revoking the general by-law that allows dogs to run loose, if and when there is a rabies case locally.

467 Commercial has been moved into the hands of Town Council.

Board Members’ Statements

Ken Janson – None.

Mark Baker – Mark met with all the town board chairs to discuss joint problems and issues. He is going to the meeting with Conservation Commission on Saturday morning, and he will not be at the April 22^nd BoH meeting (Duane will chair that meeting).

Duane Gregory – Welcomes Dan Brown, as the BoH’s new alternate member.

Cynthia Gast – Also welcomes Dan Brown, as new alternate.

David McLean – Also welcomes Dan Brown, as new alternate and welcomes back Cynthia Gast.

Motion: Mark Baker moved to adjourn the March 25^th, 2004 meeting of the Board of Health; David McLean seconded the motion and it passed 5/0/0.

The meeting was adjourned at 7:48 p.m.

Respectfully Submitted,

Alison Boutin

Approved by__________________________on_____________________,2004.

Duane Gregory, Vice Chair