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Tewksbury Board of Health
Meeting Minutes for
the year 2004 June
03, 2004 Vice Chairman Edward Sheehan
called the meeting to order at 4:35 P.M at the Town Hall
Auditorium. Present at the meeting were, Clerk Philip French,
Jennie McCarthy, Director of the Board of Health Thomas Carbone and
Recording Secretary Dawn Cathcart. Chairman Stephanie Wilkie and
Thomas Churchill were not present.
Public Hearings
Carey Janke for
Friendly Ice Cream Corporation – Status Update Continued
Carey Janke, Regional Director, John Hall
District Manager and Dr. Sharif Zedah from RJH Associates appeared
for the status update of Friendly’s.
Mr. Carbone stated the directive from the board
at the last meeting was that they wanted Friendly’s to conduct two
more independent inspections with no repeat violations and a score
of 90 or better. The two inspections were conducted on May 26, 2004
and June 2, 2004 and both have scores of 98 and no repeat
violations.
Ms. McCarthy stated that this is a good start.
Dr. Zedah stated that they are working very hard to get these scores
and he expects Friendly’s to maintain this level of inspection.
Mr. Janke stated that they are working on plans
to fix the outside of the restaurant. Mr. Hall stated that it is a
positive sign because guests are returning.
Sanitarian Dean Treachis joined the meeting.
Mr. Treachis stated that he is happy with the last two inspections
and he will be meeting with the new General Manager tomorrow at 1:00
PM to go over what is expected. Mr. Treachis stated that he is also
going to review their training video.
Mr. Carbone stated that he received an email
from a resident asking if they should eat there because of the
articles in the newspaper. His response was that this should be the
cleanest place in town because of all the eyes watching it. Mr.
Carbone stated that the public is watching and the company needs to
fight to get its reputation back.
Ms. McCarthy asked what Mr. Carbone’s
recommendation would be. Mr. Carbone stated that they are in the
middle of the six month probation period and he would suggest that
the bi-monthly inspections continue until the Board of Health
meeting on September 16, 2004 unless there are any more issues. At
the time of the September hearing the board could address if the
inspections should continue.
MOTION - Ms. McCarthy made a motion to continue this hearing
until September 16, 2004 with bi-monthly inspections continuing and
reports submitted to the Board of Health unless there are problems
in which they will be brought in sooner. The motion was seconded by
Mr. Sheehan and unanimously voted 2-0. Mr. French could not vote
since he was not here at the start of the public hearing.
Dorothy Macauley, 71
Washington Street – Appeal of Orders Continued
Robert and Dorothy Macauley appeared for the
appeal of orders for 71 Washington Street.
Mr. Carbone stated that this was continued to
review the information provided at the last meeting. Mr. Carbone
stated that he verified the easement is recorded at the Registry of
Deeds and he and the Animal Inspector met on site and conducted an
inspection. The Animal Inspector provided a report that the site is
clean.
Ms. McCarthy stated that she would like to
disclose that she has received phone calls regarding this site and
most of them deal with the boundary disputes. They don’t deal with
the animal permit issue but she wanted this on the record.
Mr. Sheehan asked who gave the easement. Ms.
Macauley replied that LJ DiPalma originally gave the easement, and
then it went to Stonewood LLC.
Ms. McCarthy stated that there cannot be any
construction on the easement. Ms. Macauley replied that was
correct, only the buildings that have been there since 1950 are
allowed. Ms. McCarthy stated that the landscape cannot be changed
and the letter from the Animal Inspector is favorable.
Mr. Sheehan asked if there were roosters on
site. Ms. Macauley replied yes. Mr. Sheehan stated that roosters
are prohibited. He had to get rid of his because of the
regulations.
Ms. McCarthy stated that the bottom line is
permits are needed to keep farm animals. Mr. Carbone stated that
Section 12.1 prohibits roosters. Ms. McCarthy stated that conflicts
with Section 5.1. Mr. Carbone replied that was correct, the
regulation specifically prohibits roosters but a variance could be
issued.
Mr. Carbone stated that the order was given to
apply for a permit or remove the animals. The permit was applied
for but it was rejected because it was Incomplete. The issue is not
if a permit is needed; it is a question of process. The animals
have been there a long time and perhaps they don’t have to be held
to all the regulations. The Board of Health decides if they have to
go through the entire process.
Ms. McCarthy stated that there is a letter form
Mr. Carbone dated May 14, 2004 and the issues are properly
addressed. The easement takes care of one issue but what about the
shelter for the animals. Mr. Carbone stated that the Animal
Inspector stated that the housing for the chickens was OK. Ms.
McCarthy asked if notice was given to the abutters. Mr. Carbone
replied no, as this was an appeal hearing as opposed to a permitting
hearing. Ms. McCarthy stated that notice is given for a reason.
Mr. Sheehan stated that he would like to see a
full public hearing. Ms. McCarthy agreed that there should be a
formal permit process with notice given.
Ms. Macauley stated that they have had animals
for over fifty years. Ms. McCarthy stated that the bylaws have
changed.
Mr. French stated that they should be able to
keep the animals until this permit process is completed. With going
through the formal process, it will be legal and no one could change
that. This would make it right.
Ms. Macauley asked if she would have to start
over. Mr. Carbone stated that the required information is a
certified plot plan; a site plan with 1” equals 30’, a certified
abutters list for 300’, legal ad in a local newspaper and
notification to abutters ten days prior to the meeting.
Ms. McCarthy stated that the easement plan
submitted is a 1” equals 40’ scale which could be substituted.
MOTION - Ms. McCarthy made a motion to accept the Cuoco &
Cormier easement plan dated March 20, 2002 with a scale of 1” equals
40’ as the Site Plan and Certified Plot Plan. The motion was
seconded by Mr. French and unanimously voted 3-0.
Ms. McCarthy stated that the application should
include a complete list of animals on site. Mr. Carbone stated that
the office will give the applicant the legal ad. Ms. McCarthy
stated that the letter from Mr. Carbone dated March 16, 2004
summarizes what steps to take. Mr. Carbone stated that it would be
cleaner to render a decision on the appeal of orders and give
guidance. Ms. McCarthy stated that she is concerned if they close
this hearing then no action will be taken.
Ms. Macauley stated that she has no problem
with filing an application letter, notifying the abutters, and
advertising the legal notice.
Mr. Carbone stated that Ms. Macauley should
come in on Monday, June 07, 2004 at 10:00 AM and he will help her
get started.
MOTION - Ms. McCarthy made a motion to close the hearing on the
appeal of orders for 71 Washington Street and uphold the orders from
Mr. Carbone that the appellant make an application with notification
to abutters and a legal advertisement by June 15, 2004 or all the
animals shall be removed. The motion was seconded by Mr. Sheehan
and unanimously voted 3-0.
Discussion
Goal Setting
Mr. Carbone stated that this item will be
continued so that the full board will be in attendance.
Training – Public Hearing
Dean Treachis gave a presentation on important
issues in food safety.
Approval of Minutes –
May 20, 2004
As the minutes were not available, this was
tabled until the next meeting.
Director’s Report
Mr. Carbone stated that he had a request for an
update of the Rod and Gun Club issue. The last time they came in,
they were waiting for the DEP Stewardship feedback.
MOTION - Ms. McCarthy made a motion that Mr. Carbone send a
reminder letter to the Rod and Gun Club that the shooting season is
coming up and remind them of the reduced hours and request an update
on the DEP Stewardship Plan as soon as one was available. The
motion was seconded by Mr. Sheehan and unanimously voted 3-0.
Mr. Carbone stated that there is only one item
on the June 17, 2004 agenda. This was the meeting with the Chiefs
and Mike Sitar. This could be pushed up to 4:30 PM or put on the
July meeting.
MOTION - Ms. McCarthy made a motion to change the meeting date
with the Chief of Police, Fire Chief and Mike Sitar until the July
Board of Health meeting and cancel the June 17, 2004 meeting unless
something comes up. The motion was seconded by Mr. French and
unanimously voted 3-0.
MOTION - Ms. McCarthy made a motion to adjourn at 6:10 PM.
The motion was seconded by Mr. Sheehan and unanimously voted 3-0.
Approved:
Philip French,
Clerk
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