HomeMy WebLinkAboutJul6_2023 BOH Minutes for July 6,2023,adopted August 17,2023
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�pNTUCq-El BOARD OF HFAi TH ---t ...
Meeting a C 3 '
Town of Nantucket
_ 131 Pleasant Street a "�—
�'\ Nantucket,Massachusetts 02554 Op C
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Commissioners: Malcolm Mac Nab, MD,PHD (Chair),Meredith Lepore Nice Chair),James Cooper, Kerry Mc Keonaii.1a Sa7iiti-a '
Staff: Roberto Samtamaria,Kathy LaFavre,John Heddert,Cathy Flynn,Jake Visco,Sean Reid,Heather NardgW
--MINUTES--
Thursday,July 6,2023
4 Fairground Road,Community Room
This meesing rmas held via,-enrol,pas ticipasion wring ZOOM and Yon-rube.
Called to order at 12:00 p.m.
Staff in attendance: Roberto Samarada,Health Director John Hedden.,Chief Environmental Officer,Jake Vise.,Health Inspector;Cathy
Flynn,Health Inspector;Sean Reid,Health Inspector Heather Nardone,Public Health Coordinator
Attending Members!Malcolm MacNab,bID,PHD,James Cooper,Meredith Lepore,Kerry McI{enna;Ann Smith
None
Action Motion to Nominate Dr MaeNab as Chair.(made by:Cooper) (seconded by Smith)
Vote Carried unanimously
2. Vice Chair:
Action Motion to Nominate Mn.Lepore(made by:McKenna) (seconded by Cooper)
Vote Carried unanimously
None
IN'_ SUMMER HOUSE APPEAL OF STAFF LETTER OF NON-RENEWAL OF FOOD SERVICE ESTABLI SA/ENT
PERMIT
Sitting NIacNab,Cooper,McKenna,Lepore,Smith
Documentation Supporting Documentation,Federal and State Food Code 105 CMR 590.00,Staff Recommendations
Discussion Mary-Ellen Manning,Attorney
(4:31) Danielle Debenedictis,owner of The Summer House Restaurant
George Reddielt,Siasconset resident.
Greg Corbo,Town Counsel,SI Law
Manning-Requesting continuance for July 20,2023.
Tom Loughlin,abutting neighbor-Concerned that they are attempting to renew permits that have already£soled.
Corbo-It is the Boards discretion to grant or not grant request for continuance.Reasonable to allow the operator to
complete as much of the corrective ac1301-1 as possible.This will narrow down issues for the Board going forward.
Jamie Howarth-Former employee_Has witnessed the Summer House addressing outstanding violations.
Santamaria-Letter was issued to verify the restaurant could operate safely.They are not"shut down".Their
permits were not renewed.Today's hearing is an appeal of the letter.He recommends the Board continue with the
hearing,instead of postponing_
Cooper-Nothing has been addressed since last year.
Lepore-Agrees with the Director.
McKenna-Wants to know specifics of what's been addressed.
M-.aaing- Issue from Fire and Building has been resolved. Waiting on gas connections to restore hot water and
have employee dorm re-inspected. All known Health Department issues have been resolved_ Wants continuance
because outstanding issues are Building Code issues.
MaeNab-Does not agree with a continuance.The issue is the appeal of the Health Department letter.
Corbo-Clarified that only the Board could grant continuance not town Counsel.
Santamaria-Requesting a plan review.
Manning-Case law suggests past violations should not be included_Stated her client was not properly noticed.
Saammaria-Ms-Debenedictis was properly noticed per Open Meeting Law and Food Code requirements.Suggests
time better spent for a plan review,
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BOH Minutes for July 6,2023,adopted August 17,2023
Debenedictis-Stated that she was denied to speak with the Health Department.Was informed yesterday regarding
this hearing from Heather Nardone.
Nardone-Emailed notice as a courtesy.
Reddick-He feels the Health Department is racing to get things done.
Hedden-He feels that is has been demonstrated that the operator is not responsible enough to run a food service
establishment.Discussed last year's violations,as an example.
MacNab-Asked the Board if they feel adequate notice been given?Do we issue a continuance or go on with the
hearing?
Cooper-What will a continuance solve?
Santamaria-Before a food permit is issued,we need Building and Fire sign-off.If the Board continues the hearing,
the timeline does not change.
Manning-Reiterated that they did not receive proper notice and will take the matter to Superior Court.
Corbo-There is potential that this can be resolved without having a hearing or litigation.It does not harm the Board
to give the applicant that opportunity if the restaurant is closed during that time.
Smith-Agrees with Town Counsel.
• McKenna-We are discussing options.
Santamaria-Suggests moving hearing to July 20,2023.Is requesting one representative to work with the Staff.
Lepore-Confirmed date and time of next meeting July 20,2023,at 3:00PM.
Manning-Stated that she would work with the Staff.Questioned if there would be enough time for her matter to
be heard since there was another public hearing scheduled on July 20,2023.
Corbo-Suggested time start for each public hearing.
MacNab-Feels like the Board is being forced into a continuance.
Action Motion to continue the hearing to July 20,2023,at 3:00PM(made by:Lepore) (seconded by:McKenna)
Vote Carried 3-2//MacNab and Smith-opposed
Action Motion to close the public hearing(made by:Lepore) (seconded by:McKenna)
Vote Carried unanimously
V.ADJOURN
Action Motion to Adjourn at 12:59 pm(made by:Lepore)(seconded by:Cooper)
Vote Carried unanimously
Submitted by:
Cathy Flynn
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