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3 Dr. Tung made the motion to grant the variance to Craft Food Hall Projects at 1050 Waltham Street, and 10 Maguire Rd to perform reduced Oxygen Packaging for Sous Vide food Cooking Techniques given that the HACCP plan in its entirety is followed on a daily basis. Craft Food Hall project must send to the Lexington Health Department their date, time, and temperature logs on a monthly basis for 6 months. The Board of Health will review to determine the continuation after 6 months. Only ServSafe-certified employees will be able to prepare the food items using the Sous Vide techniques and Craft Food Hall project. All copies of employees, and serve safe certifications must be submitted to the Health Office. Craft food hall projects must submit paperwork stating that all staff has read and understand the HA CCP plan and that once training is complete a training document to sign and kept on file for each employee stating they understand all aspects of the HACCP Plan Craft Food Hall Project must send a copy of the signature page to the Lexington Health Department. The motion was seconded by Dr. Geller. The Board voted unanimously to grant the variance. Request for Hearing – 5 April Lane, Apt 11 Section 410.850 of Minimum Standard of Fitness for Human Habitation (State Sanitary Code, Chapter II) Attorney Annie Lee gave an opening statement to the Board reminding them that this hearing is to review new findings and also reminded the Board of their authority. Ms. McKenna feels there is a State Sanitary Health code violation occurring and would like help from the Health Office in determining who is responsible for repairing the issue. Ms. McKenna has presented to the Board new evidence showing what Ms. Mckenna believes will prove the Condo association is responsible for the Sanitary drainage issue. Ms. Belanger the Health Office Director, and Ms. McCartin the Health Office Director Assistant both were present at the property during what Ms. McKenna was referring to as a backflow drainage issue episode. Neither Ms. Belanger nor Ms. McCartin witnessed any disturbance in the toilet or change in the water level. Therefore, bringing both Ms. Belanger and Ms. McCartin to the decision that there is no sanitary code violation. The Board of Health feels there is no health code violation and feels strongly that if there is a problem and it needs a plumber, they are not qualified to decide whether there is or isn’t a backflow drainage issue. There are no documents from a licensed plumber identifying the issue which also makes it hard for the Board to determine who’s at fault. Dr. Geller asked does the toilet work and if it doesn’t work because of the backflow whose responsibility is it? Attorney Lee answered Dr. Geller’s question by saying the liability is based on the analysis she gave at the last hearing. Regarding this matter, the liability is ultimately a question between the unit owner and the condo association. It’s not the Board’s responsibility to receive condo docs and interpret them. That is a matter for the court. Dr. Heiger- Bernays made a motion that the Board of Health affirms the Director of Public Health's conclusion for 5 April Lane Unit 11, that the Sanitary drainage system including the toilets, meets the requirements of 105 CMR 410 as it is properly connected to a public sewage system. Furthermore, any determination of liability regarding any alleged plumbing issues occurring at 5 April Lane unit 11, and the determination of liability between the unit owner and the Condominium Association, is outside the Board of Health's jurisdiction.