May 15, 2003
6:00 p.m.
Members Present: Cynthia Gast, Duane Gregory, Ken Janson, and
David McLean.
Member Absent: Mark Baker and
Kay Halle (excused)
Health Agent: Jane Evans
Raasch
Health
Inspector: Patricia
Pajaron
The meeting was called to order at 6:00 p.m. by Ken Janson,
acting Chair of the meeting.
Public
Comments
There were none
Discussion
Local Comprehensive
Plan Implementation Committee – Proposed Work Session
Ginny Binder, chair of LCPIC, wants input on the
present plan, i.e., land use and natural resources sections. She suggested perusing the Goals &
Policies from back of plan and going over the plan to evaluate the BoH
concerns. The next meeting of the LCPIC
is Tuesday, May 20th at 5:30 p.m. and she would like representatives
of the BoH to attend with input on the items that fall under the concern of the
BoH. Ginny said it would only be a
discussion and a starting point for further input. Duane felt the timing was too “rushed” and Tuesday would be too
soon to have a thoughtful discussion.
Ginny continued and gave as an example, “Gray water – whose jurisdiction
does it come under?” Questions such as
that are things she would like satisfied and she further suggested focusing on
Action Items in each section. Ginny
concluded that it would be merely a discussion and nothing said would be
binding.
Ken Janson said that since Mark Baker and Kay Halle are slated to go to the meeting that perhaps the format would be that they would bring back to the Board what they have gleaned from the meeting and then the BoH would be able to discuss it as a Board. Thus the LCPIC will be a discussion subject for the next meeting.
Town Boards’ input on FY04
goals
Ken Janson suggested putting the goals at the end of the meeting
since there was a full agenda. Everyone
agreed.
Old
Business
12 Atwood Avenue (continued from 5/1/03) - Appeal
Health Agent’s decision
This case
was tabled initially since it was a “no show” but then, later in the meeting it
was heard.
A letter
from Jimmy Roderick was introduced to the BoH stating that the liquid in the
septic is 10 inches below the cover.
Jane
feels that we’re postponing the inevitable.
She also advised that the BoH has a right to pursue this. Jane’s recommendation is stated in the
following motion:
Motion: Ken Janson made a motion to have the level
of the septic checked every other week for the next three months. Jane will witness some of the testings. Cynthia Gast seconded the motion and it was
approved 4-0-0.
Jane will
send out a letter as soon as the minutes are approved.
9 Ryder Street Extension (Continued from
5/1/03) - Request for seating
Chris and Rebecca Townsend spent a lot of
the meeting time discussing their case.
It really comes down to flow.
The flow assigned to their building is a flow of 1375 gal/day. Robert Cabral, the owner of the building,
has prepaid for that amount.
Reason: when the building was a
restaurant known as the Dancing Lobster, a new Title 5 was built, signed off by
the BoH and approved by the DEP. As of
July 13, that portion of the property will get 1375 gal/day flow. Mr. Cabral has a tight tank to service his
wharf. The plan for the Title 5 was on
file and the intention was to put it into the ground. It was recommended at that time that they wait. A smaller system was put in on a temporary
basis.
Chris talked to Mr. Cabral
and his attorney – they would like to have 35 seats assigned to this
property. Duane wants to have this
verified and Jane handed over the verification to Duane. Bobby Cabral has a tight tank on his
property. 9 Ryder Street Extension is
deeded separately. Jane told the Board
that a recommendation can be made but they’ve been assigned that flow. Jane leans toward agreeing with the finding,
says in all fairness it should be allowed.
Chris further said that
Kathy Meads and Wayne Perry will certainly verify that.
Motion: Duane Gregory made a motion to approve the
35 seats based on the ability to hook up to the sewer and a letter from the
Water & Sewer Board verifying the aforementioned facts. The BoH will need an official reassigned
flow for the record. David McLean
seconded the motion and it passed 4-0-0.
Pat
Pajaron told the Townsends that they would probably have to have handicap
accessibility and they may need two bathrooms instead of only one. She will advise them later.
4 (now 8) Commodore Avenue (Continued from
5/1/03) - Non-compliance
The only action the BoH had was letters that they received
from William Rogers, II, (the engineer), Jim Anderson, (the owner of record),
and Peter Page (the occupant) stating that they are aware of the problem and
will rectify it as soon as possible.
Mr. Page is still living there and the BoH felt the letters solved
nothing. Ken said the BoH needs a completion date.
Motion: Ken Janson made a motion that construction
of the wall, etc., must be completed by June 12, 2003. David seconded the motion and it passed
4-0-0.
New
Business
Peter Kimmish
- New
massage therapist
Pat Pajaron said that all his paperwork is in order. He has 609 hours of body work and
training. He has worked in New Jersey
and has liability insurance as well as a letter of employment from the West End
Salon.
Motion: David McLean made a motion to approve the
new massage therapist license for Peter Kimmish, Cynthia Gast seconded the
motion and it passed 4-0-0.
Peter Mather – 371
Commercial Street, #6 - New massage therapist and business
Pat Pajaron said Peter Mather’s paperwork was all in
order.
His premises have been inspected and met all the requirements, i.e.,
separate bathroom and changing area for clients.
Motion: Cynthia Gast made a motion to approve the
license for new massage therapist for Peter Mather. Duane Gregory seconded the motion and it was approved unanimously
4-0-0.
Motion: Cynthia Gast made a motion to approve the
business license for Peter Mather.
Duane Gregory seconded the motion and it, too, was approved unanimously
4-0-0.
291-293 Commercial Street - Plan review
Steve
Bogess presented on his own behalf.
Jane, our Health Agent, said that she, Roger Dias, Jon Gilmore, and
Warren Alexander had met with Mr. Bogess two weeks ago. They told him that they wanted a plan that
would exactly detail the proposed seating.
(He arrived at the meeting with a detailed plan as requested.) The new configuration was copied and handed
to the Board members. The basic request
had been for the “big picture” as in the entire complex.
Mr.
Bogess said he couldn’t get a letter from Chaser’s because the owner’s dog died
which seemed to explain the delay in signatures regarding seating.
Duane
said she wanted to make sure the flow doesn’t go up on this property. Chaser is going up before the Licensing
Board and since Chaser’s capacity has been reduced, the new license should
reflect that. Ken also said that
everyone wants to make sure that the flow is correct. Ken continued, “We need to hear from the Licensing Board that
Chaser’s capacity has been reduced.”
Motion: Ken
Janson made a motion that Chaser’s be reduced by 41 seats (a reduction of 820
gal/day flow) – 280 gal/day flow assigned for Twisted Sister – 350 gal/day
assigned for Subway, and 5 outside seats assigned for Subway at 35/gal
day. Verification from Licensing that
Chaser’s has been reduced by 41 seats is mandated. (As part of the motion, Jane asked Mr. Bogess about grease
traps. Mr. Bogess argued at length
about their necessity, and the motion was amended to include the
following.) Tests for grease, fats, and
oils must be done prior to hooking up to the sewer. The BoH regulations state that “food service locations” have to
have grease traps. The tests will be
done on Friday, June 27th in the p.m. part of the day. Jane will make a determination of the
results and copy the Board at its next meeting. Duane Gregory seconded the motion and it passed 4-0-0.
2004 goals for BoH
Ken Janson looked them over and
had nothing to add. Jane would like to
see dissemination of smallpox vaccine and potassium iodide included. Jane will add these concerns to the package
and hand it in. Everyone agreed.
Any other business that shall properly come before the Board
Jane
made a tremendous effort to attend the meeting after having surgery on
Monday. She plans to come back to work
as soon as she is medically able to.
Patricia
Pajaron reported that the 130A Commercial Street apartment has been deemed
unfit for human habitation. The owner
contacted Pat on Tuesday and she will be trying to rehab the apartment. The sink and stove are not functioning and
Pat said she would have to inspect the premises before the placard can be
removed. There has also been an earlier
date assigned for them to hook in to the sewer because of the problems caused
by the tenant.
Kim
Leonard has completed her ServSafe training (see minutes of May 1st).
George
Bryant has removed the junk in his driveway.
Regarding the Angel Foods property, he’s working on it to lower it below
the top of the fence. Pat looked up the
court order from years ago and it stated that he didn’t have to clean up the
property but merely to encapsulate it.
Pat
also said that inspections have picked up quite a bit. She is “out straight.”
David McLean asked about his neighbor off Conwell Street who has an undrained pool that is harboring wildlife and is a potential breeding ground for mosquitoes. The owner did contact Pat and he wanted names and numbers of pool companies. His plans are to drain it and fill it with sand.
David also said that employees of Convenience By The Sea (the former Pilgrim Variety) are smoking in the shop. Pat will pay them a visit and provide them with a “no smoking” sign.
Motion: Adjournment at 8:05 p.m.
Respectfully
submitted,
Evelyn Gaudiano
Evelyn
Rogers Gaudiano
_______________________________________on
May _____, 2003.
Ken Janson, Acting Chair