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HomeMy WebLinkAbout2002-3-13BOARD OF HEALTH TOWN OF NANTUCKET MINUTES - MARCH 13, 2002 j SUPERIOR COURT ROOM MEMBERS OF THE B.O.H. IN ATTENDANCE: Mr. Spriggs, Mr. Soverino, Mr. Bender MEETING CALLED TO ORDER: 7:30 p.m. 1 1. CONCERNS FROM THE PUBLIC: None noted. 2. NEW BUSINESS A. Approval of Minutes of August 1 and August 29, 2001 — Mr. Spriggs notes that his name is not noted in attendance of either of these meetings, and Mr. Desrocher is placed there erroneously. Mr. Spriggs makes motion to remove Mr. Desrocher's name and correctly add Mr. Spriggs name. Minutes approved with amendment to correct. B. Variance Request —Title V relief for property located at 10 Dukes Rd. HO Ray — This is an older house on a small lot with a failed Septic. As the lot is not large enough for a trench system, the State would allow replacement with a pit system. Groundwater is so deep in this area, that it will meet all separation requirements between groundwater and the leach facility. Mr. Spriggs — This pit system you say is allowed by law. Is there any projection as to how long a system such as this will last? HO Ray — These pit systems were the type that were routinely issued until the advent of the New Title V a few years back. It should last with normal use for ten -twenty years. Mr. Bender — You're aware that this system has been failing in 2 -3 year intervals over a period of years? HO Ray — Yes, there have been a number of systems on the property. It is anticipated that this configuration may last longer because of the size of the leach facility. Mr. Bender - (To Mr. Willett) These people had also applied a to get onto a proposed town sewer that would run through the Michelsen property out to Madaket Rd. It was suggested by the B.O.S. that instead of running a spaghetti line, we make it a bigger line so that other properties on Dukes Rd. having similar problems could tie in. What is the status of that sewer line? Jeff Willett (DPW Director) — The status is that the Michelsens have not progressed on the construction. Which is the reason for this variance request at 10 Dukes Rd. Mr. Spriggs — Moves to approve the variance as recommended by HO Ray. B.O.H. APPROVES. B.O.H., March 13, 2002, page two C. Request for relief from the Federal Food Code from AUNT LEAH'S FUDGE Mr. Foster — Counsel for Aunt Leah's . Presently has four basin's in the shop — each connected to hot water and the sewer. There is no room in the shop to put in another sink that we don't need. We have no dishes and we don't wash pots. For a mop sink we use one of the four basins that we have that is also appropriately sized for a mop sink. HO Ray — Of the four sinks that Mr. Herman refers to, three are connected and are a three - compartment sink that is to be used for washing /rinsing/ and sanitizing items. The fourth is a hand sink. The State mandates that every Food Service Establishment has a three - compartment sink, a hand sink and a mop sink. This is the one we are discussing. Although Aunt Leah's fudge is certainly limited in its food production, those items used such as trays, spatulas, bowls, all need to be washed, rinsed and sanitized. That is the use of the three - compartment sink. The hand sink is very small and is closer to the work area so that people can frequently wash their hands. We need the mop sink because we are uncomfortable with the use of the three - compartment sink for dishwashing being used as a mop sink. The hand sink obviously isn't big enough. We have had a number of issues with this establishment regarding clean floors and as Mr. Crowley states here we believe that if this establishment had an appropriate mop sink they would be encouraged to wash the floors daily as required. Aunt Leah's has known about this requirement for over a year — this requirement affected nine of our local establishments and eight have already complied. 1 would ask the Board to deny this variance. Mr. Spriggs — Why did you issue their 2002 license if they are not in comp- liance? HO Ray — It has not been issued yet. Mr. Spriggs — I do not believe we should issue licenses in the future if establishments are not in compliance. HO Ray — I do not believe it has been issued. Mr. Spriggs — Is there room for this sink? Mr. Herman — Another floor drain would be required from the shop to the sewer. Or we could put it in an adjacent bathroom. Mr. Soverino — Does the code allow this Richard? HO Ray — No — it would be out of sight, out of mind. It is our opinion that there is enough room for this small sink. Mr. Bender — There are a number of establishments in town smaller than yours that have all five sinks. This is a small plastic sink. Would not recommend a variance. Mr. Spriggs - You may need to re- organize your layout in the shop. As the laws change, businesses have to change their methods within the laws. B.O.H., March 13, 2002, page three Mr. Spriggs - I'm not inclined to grant a variance Mr. Herman — I wish that you gentlemen could take the view of the business and recognize the problems of compliance both personally and fiscally. And make exceptions to the laws, otherwise we would not have the right to be here asking for this variance. Mr. Soverino — Many mainland restaurants have signs stating that all employees must wash hands before returning to work. Could he use the restroom sink for a handsink and convert the other handsink to a mop sink? HO Ray — Absolutely not because the State mandates that the handsink be as close as possible to where the individuals are preparing food. If it was in another room altogether, it would further discourage hand washing during food prep. And only hand washing when using the bathroom. Mr. Spriggs — Motion made to deny the variance. Mr. Bender - Having just build a kitchen and being in the business, I feel I should abstain from this vote. Mr. Soverino — Motion made to postpone any action until next B.O.H. meeting when Mr. Santos is able to attend, as Mr. Fee will also not be able to vote on this issue. Mr. Spriggs withdraws his prior motion at this time B.O.H. approves to postpone the meeting until next B.O.H. on March 27, 2002 when Mr. Santos is available. NO FURTHER CONCERNS FROM THE B.O.H. B.O.H. adjourns at app. 8:30 p.m.