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2022-11-15-BOH-min
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2022-11-15-BOH-min
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1/10/2023 6:36:40 PM
Creation date
1/3/2023 10:57:08 AM
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2022
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Town Clerk
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Minutes - BOH - Board of Health
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<br />3 <br /> <br />Mr. Mucci stated they will hire a food consultant. The owner understands they cannot use the food <br />preparation area until the food consultant hired and their food plan review needs to be approved <br />by the Health Department. A re-inspection will be welcomed by the owner before next meeting. <br /> <br />Amrik Pabla, the owner of Alexandria’s Convenience Store, stated some brands products, like <br />Hostess products, do not have expiration dates. He inquired about how to proceed with that food <br />without expiration dates. Dr. Heiger-Bernays stated the food consultant will assist to resolve this <br />issue. <br /> <br />Request for hearing – 5 April Lane, Apt 11 <br /> Section 410.850 (B) of MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION <br /> (STATE SANITARY CODE, CHAPTER II). <br />Ashley McKenna, the owner of 5 April Lane, Apt 11, explained the history of Plumbing issue of <br />her property and requested the Board of Health to order the Minuteman Condo Association to <br />correct this issue. <br /> <br />Ms. Mckenna presented a PowerPoint presentation for the Board. (attached) <br /> <br />Annie Lee, the attorney of Town Counsel, provided some legal guidance on procedures of this <br />issue. <br /> <br />Dawn McKenna, the mother of Ashley McKenna, provided information and re-emphasized the <br />Condominium Association is responsible for plumbing issue in common area. <br /> <br />Ms. Belanger stated according to the CMR 410, Ms. McKenna is the owner of the dwelling, and <br />she has responsibility under the code. It was understood that an inspection was not done, even <br />though it was offered. <br /> <br />Dr. Heiger-Bernays stated it is correctly pointed out that a Board of Health can do an inspection, <br />can determine if there is a violation of the sanitary code, and the responsibility is to make sure that <br />the unit is habitable. It is aware that Ms. McKenna, as the owner of the dwelling that if a violation <br />found, is responsible for correcting it. <br /> <br />Dr. Perlmutter stated this issue is out of Board of Health’s jurisdiction. <br /> <br />Dr. Tung also stated she would defer it to Town counsel. She agreed that this issue is out of Board <br />of Health’s jurisdiction. <br /> <br />Ms. Wolf-Fordham stated all we can do is follow the sanitation requirements. She also agreed to <br />defer it to Town counsel. <br /> <br />Ms. Lee advised the Board that this is not within the Board’s jurisdiction. The condo documents <br />are fundamentally a contract between two private properties - the condo association and the unit <br />owner. The Board of Health can order an inspection to determine if there's a violation. The Board <br />of Health can't determine where the problem is, and who is legally responsible for it. It's really a <br />matter for the courts, and it is a question about liability, who is financially and legally responsible
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