HomeMy WebLinkAbout2010-10-13-BOH-min
Lexington Board of Health Meeting, October 13, 2010 at 7:00 p.m.
Town Hall, Room G-15
1625 Massachusetts Avenue, Lexington, MA
Board of Health Attendees: Wendy Heiger-Bernays, Chair; Sharon MacKenzie;
David S. Geller, John Flynn
Health Department Attendees: Gerard F. Cody, Health Director; Ann Belliveau, Health
Clerk/Office Manager
Heiger-Bernays called the meeting to order at 7:00 p.m.
Heiger-Bernays welcomed John J. Flynn to the Board of Health.
The Board reviewed the minutes of September 15, 2010. MacKenzie motioned to accept
the minutes with corrections. Geller seconded. All approved.
Community Health Updates/Reports – The Board reviewed the Community Health
Report prepared by David Neylon, R.N., and all follow-ups had been done in a timely
manner.
Environmental Health Report
a)Buca di Beppo – New Establishment
Cody introduced Mr. Lauren Tassen, Project Operations Manager for Buca di
Beppo. Tassen explained that Matt Bridgeman, General Manager, will be taking
on managing the establishment. Cody explained that Buca passed their inspection
and opened with a temporary permit on Monday, October 11, 2010. Cody urged
Tassen to send his staff to the upcoming food training classes sponsored by the
Health Department. Perlmutter motioned that the Lexington Board of Health
grants an annual permit to operate a food establishment to Buca di Beppo at 20
Waltham Street. Heiger-Bernays seconded. All approved.
b)Royal India Bistro – New Establishment
The owners of Royal India Bistro of appeared before the Board of Health to
request a permit to operate a food establishment located at 7 Meriam St.
Cody advised the Board that Royal India Bistro has completed a food plan review
with the Health Division. All necessary equipment had been installed according
to code. Cody also advised the owners of Royal India Bistro that some local
businesses are concerned about potential cooking odors from this new
establishment and should a nuisance complaint be filed, then the Health Division
will be required to conduct an inspection under Article XIV – Nuisances. An
order to correct the nuisance may be issued depending upon the inspection results.
After some discussion, Perlmutter motioned that the Lexington Board of Health
Grants an annual permit to operate a food establishment to Royal India at
7 Meriam Street pending final approval from the Health Division during the final
pre-operational inspection.
c)Waxy O’Connors – New Establishment
Cody introduced Ryan Balaney, Executive Chef at Waxy O’Connors who
appeared before the Board of Health to request a permit to operate a food
establishment. After a discussion, Perlmutter motioned that the Lexington Board
of Health grants an annual permit to operate a food establishment to Waxy
O’Connor’s at 94 Hartwell Avenue pending final pre-operational inspection.
MacKenzie seconded. All approved.
d)Prime Roast Beef & Seafood – New Establishment
Cody introduced James Garabedian of Prime Roast Beef & Seafood of 321
Marrett Road. Prime Roast Beef & Seafood has completed a food plan review
with the Health Division. All necessary equipment has been installed according
to code. Prime Roast Beef & Seafood is here to meet the Board and request a
permit to operate a food establishment. After a discussion, Perlmutter motioned
that the Lexington Board of Health grants an annual permit to operate a food
establishment to Prime Roast Beef & Seafood pending final approval from the
Health Division during the final pre-operational inspection. Heiger-Bernays
second. All approved.
142 Marrett Road, John Moriarty (aka Bacon St.)
Cody explained to the Board that John Moriarty is before the Board to obtain various
permits including:
Well Water Permit
Septic System Renewal
Animal Permit
Retail Food
Wholesale food permit (issued by the MDPH contingent upon approval by
Lexington Board of Health)
John Moriarty of 142 Marrett Road addressed the Board. He explained that he purchased
this abandoned farm 23 years ago and using the property as a farm. Within the past 3
years, there has been a great deal of interest in supporting local farms.
This year Moriarty has been growing and selling his crops and taking his cows to a
USDA certified processing facility and it comes back frozen and Moriarty stores and sells
it. So he is looking to obtain an animal permit to continue this. Because many people are
looking for poultry from a local source, he is looking to process for sale between 500 to
1,000 birds per year and looking for approval by the Board for this processing facility.
The State does come out to inspect the flock. There is a well on the property and it has
been tested this year and results were given to Mr. Cody. Mr. Moriarty is also building a
new home on this property and because of the remote location there is no way to connect
to the Town sewer and water, Mr. Moriarty would like to install a new septic system and
the plans have been submitted to the Health Division. A discussion followed concerning
using filters for the well water because the well water will be used for drinking as well as
for the slaughter of the birds, etc. Cody suggested that since there are not any records of
the well at 142 Marrett Rd., that Mr. Moriarty complete the well permit application and
submit to the Health Division. MacKenzie motioned that the Lexington Board of Health
grants approval for the well water permit based on the lab data submitted for 142 Marrett
Road providing that the following conditions have been met:
-submit a permit application
-pay the well permit fee
-provide proof to the Health Division that the above has been submitted
-advised to test the water on an annual basis and submit the results to the
Health Division
Geller seconded. All approved.
Animal Permit - Cody then advised the Board that Kathy Fox, Health Agent and
Stephanie Doucette, Animal Control Officer who are both considered Animal Inspectors
with the Commonwealth of Massachusetts, inspected the property at 142 Marrett Road.
Cody stated that neither Fox nor Doucette provided any information that would prohibit
the issuance of an animal permit to Mr. Moriarty. Cody also mentioned to Mr. Moriarty
that the animal regulations state that Conservation must be notified should the animal be
located within the wetland area. Mr. Moriarty will submit a site plan to Conservation.
Perlmutter motioned that the Lexington Board of Health grants approval of the animal
permit submitted for 142 Marrett Rd. contingent upon providing the Conservation
Commission with detailed plans on the location, time of year and type of animals that
will be kept on or near conservation (wetlands). MacKenzie seconded. All approved.
Retail Food Permit – Cody stated that Mr. Moriarty completed a permit application for a
retail food establishment. However, a food plan review packet has not been completed,
so it is difficult to make a final determination. Mr. Moriarty submitted a variance request
for plumbing items that are inadequate or missing from this retail location is required for
the retail food permit. Perlmutter motioned that the Lexington Board of Health approves
the request for variance with no service sink. Heiger-Bernays seconded. All approved.
Perlmutter motioned that the Lexington Board of Health approves a retail food permit to
Meadow Mist Farms at 142 Marrett Road upon receipt of a menu to the Health Director
and proof that a HAACP plan is not required for the extra wrapping process. MacKenzie
seconded. All approved.
Cody advised the Board that they must provide feedback to Massachusetts Dept. of
Public Health as to whether the Lexington Board of Health is in agreement with DPH
issuing a wholesale slaughterhouse permit to Mr. Moriarty. Cody also informed the
Board that Kim Foley at the State said this was one of the best plans they have seen.
Geller motioned that it is the understanding of the Lexington Board of Health that the
Massachusetts Department of Public Health issues all wholesale permits contingent upon
comments made by this Board. The Lexington Board of Health grants approval of the
wholesale grants approval of the wholesale food slaughterhouse permit plans submitted
to MDPH for 142 Marrett Rd. providing that the following conditions have been made:
-nuisance conditions are minimized at all times
-Conservation Commission has obtained the required information
-All other Board of Health permits have been satisfied for
well water, animal, retail food and septic.
MacKenzie seconded. All approved.
Cody updated the Board on upcoming flu clinics.
Caulk Testing Project – Update
Cody provided an update to the Board. The focus will now be on the univents because it
appears they have not been cleaned as well as previously thought. A new one will be
placed to see if it improves the air quality in certain rooms. The next step is for EPA to
look at the data already gathered. A discussion followed. Heiger-Bernays requested
from the Facilities Dept. a maintenance plan for the schools and public buildings
including the indoor air ventilation systems and indoor air quality.
MacKenzie motioned to adjourn but continue the agenda items not covered this evening
at the next Board of Health meeting. Gellar seconded. All approved.
Documents submitted:
Agenda
Minutes of September 15, 2010
Community Health Report
Food Inspection Data Report
Food Establishment Contingency Plan –
Caulk Testing Update –
MacKenzie motioned to adjourn. Geller seconded. All approved.
Documents submitted:
Agenda
Minutes of September 15, 2010