Provincetown Board of Health
Caucus Hall
April 26, 2007
5:00 p.m.
Members
Present: Jerry Anathan, Tom
Gaudreau,
and Duane Gregory.
Members Absent: Ken Janson and John
Livingstone
(both excused)
Health Agent: Jane Evans
Health Inspector: Brian Carlson
AGENDA
Public Comments
There were none
New Business
Mark Birnbaum – Mojo’s
Appeal Health Inspectors
Decision
Brian Carlson received a
complaint from an abutter, Adam Sherman
- 283 Commercial St. regarding trash storage at 5 Ryder St. Ext.; Mojo’s
Restaurant on August 21, 2006. Brian examined the premises at the time and it
was well cleaned –it was noticed however that the trash storage area needed
some repair so to keep refuse materials secured and an Order to Correct was
issued on September 20, 2006. The Order
to Correct was extended on October 4, 2006 to Spring of 2007 at the request of
Mr. Birnbaum because he stated he would be undergoing major renovations and
would address the Order to Correct at that time. Mr. Birnbaum requested a hearing before the
Board of Health to appeal the Health Inspectors Order to Correct on March 3,
2007. Photos were shown and both Duane
and Tom went by and looked over the area.
Brian Carlson looked at the
problem and made the following recommendations:
He recommended that accommodations be made to allow Mr. Birnbaum to
bring his food service establishment into compliance with Federal and State
Sanitary Codes within a reasonable timeframe and that the following performance
standards be met: 1) no public health
hazard is created, 2) no nuisance is created, 3) that the storage area does not
create the inability of cleaning of adjacent space(s), 4) that the present
storage area be made impermeable, i.e. plastic trash bins, liner, or other type
materials, and 5) that the present storage area be inaccessible to insects and
rodents.
The pictures submitted along
with the appeal were studied and discussed.
It was noted that the doors housing the trash were badly warped and the
addition of a lip added to this area would help cure the problem.
Motion: Instruct Mark Birmbaum to accomplish the
following within 7 days from today’s date:
Attach a lip to the garbage area with 2 X 6s and repair and/or replace
the doors of the garbage bin so that they close without gaps.
Motion: Jerry Anathan Seconded:
Duane Gregory Vote: 3-0-0.
46 Nelson Avenue
Title 5 variance
Duane Gregory disclosed that
she has a real estate associate who is involved in this property. No one had any objections to having Duane sit
on the case. Jason Ellis presented the
plan to the BoH. The two septic system
plans are recommended for this location as the best choice.
The present septic system has
failed.
Motion: Approve the Title 5 plan for 46 Nelson Avenue
with the following conditions:
1.
A deed
restriction is to be signed by the four condominium owners restricting the
number of bedrooms on the property to the existing nine.
2.
This
document must be recorded at the Barnstable County Registry of Deeds and proof
of recording provided to the Health Agent prior to issuance of the Septic
System Installation Permit.
Motion: Tom Gaudreau Seconded: Jerry Anathan Vote:
3-0-0.
Richard Godfrey
New massage therapist
Brian said that all Mr.
Godfrey’s paper work was in order and he will be working at Pradera Spa located
at 386 Commercial St.
Motion: Approve the new massage therapist license for
Richard Godfrey.
Motion: Jerry Anathan Seconded: Tom Gaudreau Vote:
3-0-0.
Mark Meehan
New massage therapist
Brian recommended approval as
all his paper work is in order. Once
again, Duane would like to see all letters of recommendations be in standard
business format including the name, full address and telephone number of the
sender.
Motion: Approve the new massage therapist license for
Mark Meehan pending letters of recommendation from the two he had submitted be
resubmitted with the previously discussed requisites within 5 days.
Motion: Duane Gregory Seconded:
Jerry Anathan Vote: 3-0-0.
Edward DiStasio
New massage therapist
The case was unheard since
the applicant was unable to be here tonight.
Cyndi Welsh
New massage therapist
Duane gave Cyndi the same
suggestion regarding letters of recommendation.
Morion: Approve the new massage therapist license for
Cyndi Welsh pending letters of recommendation from the ones already submitted
in order that they might be resubmitted with proper letterhead, etc. within 5
days.
Motion: Jerry Anathan Seconded:
Duane Gregory Vote: 3-0-0.
Motion: Amend regulations Article 1., Part IV,
Appendix 1: #7 by stating that letters of recommendation be in standard
business format containing full name, address and telephone number of the
sender, reference the applicant and be addressed to "The Board of Health".
Motion: Duane Gregory Seconded:
Jerry Anathan Vote: 3-0-0.
Discussion
Brian wanted to discuss what
the dedicated area for massage is. He
also had two possible new definitions for G. and H. of Article 1, Part IV,
Section 2 – as follows:
G.
Outdoor chair
massage shall mean the administering of therapeutic massage to the public at a
location licensed to conduct massage which has been inspected and has access to
running water, sanitation materials, and equipment. Patrons of outdoor chair massage shall be
clothed for the duration of the treatment.
H.
Dedicated area
shall mean an area that is solely and strictly for the administering of massage
therapy. No food products, retail
services, or any other retail or food related activity shall be conducted or
contained in the area dedicated to massage therapy.
Also joining in the
discussion was Larry Meilleur, a local masseuse who feels he’s losing money
with the BoH’s stringent restrictions.
After quite a lengthy discussion it was decided that Larry would first
go to the Zoning Board of Appeals (ZBA) to see if they would allow his proposed
front yard massage area – and based on their decision – he could come back and
plead his case again if ZBA’s response was favorable.
Jane said that the regs have
to be cleaned up. Tom said times change
and that at one time you couldn’t even have tattoo parlors in Massachusetts
Approval of Minutes for
March 22, 2007
Motion: Approve the minutes of the March 22, 2007.
Motion: Jerry Anathan Seconded:
Tom Gaudreau Vote: 3-0-0.
Any other business that
shall properly come before the Board
Jerry Anathan wondered if
the Atlantic House was going to be fined and if so – for how much. Jane
explained they were very
cooperative throughout the entire oredeal.
Health Agent’s Report
Grease Traps:
Jane talked about the
licensing of restaurants and their responsibility for mandatory grease trap
pump-outs. She has been working with Darlene,
the Licensing Agent, and they now will have to show proof of compliance for
their license renewal. Also, Jane has
set up a mandatory education process. It
is urgent that grease traps are properly maintained for the sewer to function
properly.
Agenda Deadlines:
Our regulations on deadlines
for getting on an agenda state that they have to have a two week window. After discussing it was decided that the two
weeks is necessary in the case of Title V variances so that abutters can be
notified but perhaps a one week window is time enough for massage licenses
and/or perhaps discussions. Jane offered
to go in and change the dates for notifications since she is the gate keeper
for the agenda.
Duane went one step further
and said that any last minute requests that come in should go to Jane for
openers and then Jane’s response has to be “I’ll check with the chair to see if
we are able to accommodate you.” Thus
Duane is the last word on additions and Duane feels that this takes the onus
off both the Health Inspector and the Health Agent since it puts the final
decision on the Chair of the BoH.
There were none.
Adjournment happened at 6:40
p.m.
Respectfully submitted,
Evelyn Gaudiano
E. Rogers Gaudiano
Approved by _____________________________ on ____________, 2007.
Duane Gregory, Chair