Board of Health
12:00 noon
Members Present: Dan Brown, Duane Gregory, and Ken
Janson
Members Absent: Mark Baker (excused absence)
Health Agent: Jane
Evans
Health Inspector: Patricia
Pajaron
The meeting was called to order at 12:00 noon.
AGENDA
Public Comments
There were none.
Old Business
172 Bradford Street
Title 5 variance
William Rogers, II presented the new plan to the Board of Health. Everything (i.e. reductions) was shown on the plan. Leach fields were changed as reflected in the 3 bedroom plan. Mr. Rogers believed he has done everything as requested.
Motion: Dan Brown made a motion to approve P04-1770
as revised on December 1, 2004 with one condition:
1. A deed restriction is mandated limiting the
property to three bedrooms.
Ken Janson seconded the motion and it was approved 3-0-0.
Show Cause Hearing
179 Commercial Street – Szechuan Restaurant
Mr. Dieu C. Tran, the owner, appeared before the BoH and Duane Gregory established the format of the hearing. The owner will be able to speak first and will have 5 minutes to speak. (There will be no back and forth discussion; then Jane Evans will present her case for the Town and will also have 5 minutes to speak.) The reason for the “show cause hearing” relates to a failure to pump the grease trap for the restaurant. Everyone gets 5 minutes only to state their case and reasons for the hearing.
Mr. Tran began by saying that he had sent in a letter explaining his case. He was told that all the BoH members have read his letters. He went on to say that he does his best to communicate with everyone and solve the problems for the future. He further felt that what has happened is very unfair. That seemed to be the crux of his defense.
Jane testified next and said that on April 22nd, in an emergency session, due to significant quantifies of grease entering the sewer system from Mr. Tran’s restaurant, a motion was made that Mr. Tran must monitor his external grease trap at a minimum of every two weeks and keep a written record. Mr. Tran was also ordered to comply with all grease trap requirements listed in 310 CMR Title 5 Sewer Rules and Regulations and Board of Health Regulations. He was also ordered to pump the grease trap immediately. On April 28, 2004 an Emergency BoH meeting was held to discuss closure of the restaurant due to Mr. Tran’s failure to pump the grease trap as required. Mr. Tran was given one more chance to pump the grease trap which he had done the following day. Now it appears that Mr. Tran has not had his grease trap pumped since the end of April 2004. Copies of all the regulations regarding grease traps have been provided for him on SEVERAL occasions. It seems, based upon Mr. Tran’s most recent correspondence that he still does not believe that his external grease trap is required and that he does not have to pump it but once a year. NOTE: The trap was pumped very recently prior to the show cause hearing of today.
Jane Evans’ recommendation is that both she and the BoH have been over this requirement – TIME AND TIME AGAIN – and Mr. Tran will not recognize that the external grease trap is a requirement on both a state and local level nor will he recognize the minimal requirements for its maintenance. Her recommendation, therefore is that Mr. Tran’s food service license should be suspended until he can provide proof of a contract between himself and a licensed grease hauler providing pumping services of the grease trap at a minimum of once every six months. Mr. Tran should also be required to install a grease watch monitor. which the regs will require by January 1, 2005, prior to allowing him to operate his food establish-ment. Mr. Tran must also have his external grease trap pumped within 48 hours of this meeting.
After a great deal of patient re-education of Mr. Tran, Jane recommended that the grease trap (since it is required by law) must be pumped every three months or when the trap reaches 25% capacity. She also recommended that Mr. Tran’s license for his restaurant be suspended until his grease trap is pumped. Warren Silva pumped it back in April and he reported that the grease was so thick that Warren refused to pump it again. Mr. Tran maintained that he doesn’t think It should be pumped but once a year. Jane continued that her recommendation would be that his license be suspended until a contract can be provided guaranteeing a minimum of once every 6 months or 25% capacity the trap must be fitted with an alarm come January 2005.
Duane Gregory said that – for the record – the BoH had received a letter from an abutter, Deborah Fiske, complaining about odors from the over-filled grease trap.
Dan Brown questioned Mr. Tran on the exhibits Mr. Tran had submitted i.e., the Provincetown sewer regulations. He asked Mr. Tran, “Why do you think you should be exempted?” Mr. Tran replied that he felt the by-laws are not written clearly.
Ken Janson told Mr. Tran that in all the years that he’d been on the BoH, Mr. Tran is the only restaurant that has come before us. “Everyone else has been cooperating. You’ve had so many chances to do what you’re supposed to do and you haven’t done it.” said Ken.
More explanations were patiently given to Mr. Tran such as the grease interceptor is not the same as a grease trap and finally the following motion was forthcoming:
Motion: Dan Brown made a motion to require the owner
of the Szechuan Restaurant located at 179 Commercial Street to establish a
contract with a septage hauler by 12 noon on January 7, 2005. A copy of this contract must be provided to
the Health Agent. There would also be a
grease watch monitor in place with an alarm tied in to the internet which would
alert the Health Agent, the restaurant, and the Worldstone monitoring company
whenever a 22% capacity is reached.
This would mandate pumping before it reaches the 25% stage. Failure to comply with this requirement
would result in an immediate suspension of Mr. Tran’s restaurant license. Ken Janson seconded the motion and it was
passed unanimously 3-0-0.
New Business
Carol Lanstein
Serve Safe variance
Carol Lanstein presented her case on her own behalf. She has purchased an ice cream shop. Since the entire serve safe course is rather extensive and it’s necessary to restaurants and caterers, it was felt by the Health Inspector that ice cream falls into the category of potentially dangerous food. However, there is a course that covers this type of service and is about a 1½ hour course. Pat Pajaron recommended that the variance be granted provided that Carol takes the abbreviated course.
Motion: Duane Gregory made a motion that Carol Lanstein should be approved for the food manager certification variance once she takes the 1½ hour serve safe abbreviated course. Ken Janson seconded the motion and it was approved 3-0-0.
240 Bradford Street
Title 5 variance
Alan Cabral presented the case to the BoH. Duane Gregory notified everyone that the property is actively listed on the market and she is a real estate broker. Duane asked if anyone objected? No-one had any objections. Thomas Pucci is the owner of the property. It is located right next to the new theater. Alan says it’s a low area and needs variances for installation. EZ-Doz-It told Mr. Pucci at the last pumping that he felt it was close to a failed system.
Motion: Ken Janson made a motion to approve plan
03199 with a drawing dated 9/8/2004 with one condition:
1. A deed restriction has to be recorded
limiting the property to four bedrooms
(4).
Duane Gregory seconded the motion and it passed 3-0-0.
14 Howland Avenue
Title 5 variance
Duane Gregory stepped down because she has a financial involvement.
Motion: Ken Janson made a motion to continue the
case until the next meeting. Dan Brown
seconded the motion and it passed 3-0-0.
Approval of Minutes for November 18, 2004
Motion: Duane Gregory made a motion to postpone the
approval of the minutes due to a new edited version which has yet to be
submitted. Ken Janson seconded the
motion and it was approved 3-0-0.
Any other
business that shall properly come before the Board
Wayne
Perry appeared at the meeting on behalf of David Guertin. It seems that there are 59 sewer connections
left to be hooked up. Of these 30 are
blue dot (as in mandatory), Wayne is going to meet with W&S Board and push
to have these 30 blue dots hook up.
Thus, Wayne was asking the BoH to support his quest to nudge any
Administrative Consent Orders (ACOs) that are outstanding.
Motion: Duane Gregory made a motion stating that the BoH supports the W&S Board in whatever efforts are necessary to complete the blue dot hook-ups in order to protect the public health. Ken Janson seconded the motion and it was approved 3-0-0.
Jane Evans only report under “any other business” was to report on a sub division plan on Hobson Avenue (way down off Route 6A).
Health Agent’s and Health Inspector’s Reports
Jane Evans put in a dreadful week dealing with an uncle in a nursing home, etc. The only thing she had to report was that she had to go to 100 Bradford Street and they want to increase their bedroom space. Now there’s a bedroom on each floor. Stay tuned.
Pat Pajaron said she was very disappointed in the Grand Union article that Mary Ann Bragg had written in the Banner. The tone was not what she had wanted.
Board Members’ Statements
Dan Brown wondered if there were anything new on George Bryant’s property?
Dan also said he has a new potential member who is a chef.
Jane told Dan that he needs to get sworn in as a regular board member; he’s still listed as an alternate.
Also, Jane said that Doug Johnstone told her that Cynthia Gast needs to resign from the Board before anyone can be appointed.
Dan, continuing, said he noticed an odor from the Whaler’s Wharf and/or the UU. Wayne will look into it.
The meeting adjourned by popular vote at 1:28 p.m.
Respectfully submitted,
Evelyn Gaudiano
Evelyn Rogers Gaudiano
Approved by ____________________________on ______________, 2004.