Town of Ware Massachusetts
126 Main Street, Ware, MA 01082
BOH Minutes 9/12/07
Ware Board of Health Meeting Minutes

September 12, 2007

Present:                        Joseph Ciejka, Chairman
                        Michael Juda
                                Donna Rucki                                      

In Attendance:  Judy Metcalf, Randall Gauley, Betty Barlow               

Meeting was called to order by Joe at 4:00pm

The Board reviewed the submitted plans from Suzanna Czarniecki for her proposed Sunshine Café located at 27 Pulaski Street. Judy reminded the Board of this location previously being a food establishment.  Judy questioned whether Ms. Czarniecki has spoken with the Fire Department for their requirements.  She replied that she had not however it had passed the fire inspection in 2006 and once her plans were approved from the Board of Health she would be contacting the Fire Department for a fire inspection.  Judy also questioned whether the basement would be used at all.  Ms. Czarniecki stated it would not and she would be using an old walk-in fridge for storage.  Judy suggested being very proactive with rodent control due to the basement having a dirt floor and the area being near the river.  Mike motioned to approve the plans submitted, Donna 2nd, All in Favor.  The office will send out a letter stating she can proceed with construction pending approval from all other departments and prior to opening she would need the final inspection from the Board of Health.  After passing the final inspection she would get her food permits.
Christine Saas and Michelle Houghtaling of the Tobacco-Free Network were present to discuss youth access to tobacco and how the network can help with tobacco issues in Ware. They provided the board with information regarding the MA state law requirements for sign postage in all establishments selling tobacco products and informed the board of inspections done in Ware where tobacco sales to minors occurred.  They informed the Board of some mini grants available through the MHOA for communities to bring their local regulations to the state minimum.  The Board will request the presence of the establishments with repeat offenses at their December 2007 meeting prior to issuing the 2008 Tobacco permits.
Leo Chenevert submitted a request to discuss the septic issue at 17 Cummings Road owned by Sharon Meli.  This office had issued an order to Elroy Beaudry to have a Title V inspection completed and submitted to the Board of Health.  Mr. Beaudry was present on behalf of his daughter, new owner of this property.  Also present are Mr. Chenevert and another neighbor, Richard Mulligan.  The Title V inspection report was submitted to this office yesterday, 9/11/07.  Mr. Chenevert & Mr. Mulligan showed their concerns that the water Mr. Beaudry pumped from his septic was going to contaminate their wells.  Mr. Beaudry stated that the water he pumped into the street was from the well, not the septic, to be able to examine the well.  Judy informed Mr. Beaudry that he could not discharge any water into the street including from a pool, and that it is required to be discharged on his own property.  After discussion they were informed that right now the trailer is vacant, septic is not being used and the Building Inspector had red tagged the trailer for building code violations so nobody can live there.  Even with the valid concerns of Mr. Chenevert and Mr. Mulligan the Board cannot act on anything until someone decides to make it habitable.  Judy will follow up with Building Inspector to make sure the red tag is still there.  Mr. Chenvert also wanted to remind the board that he had cut the pipes from the toilet, bathroom sink, tub and washing machine.    When an application is presented to the town for making any repairs all the concerns discussed would be looked at.  Mr. Chenevert would like to be notified when any application is submitted for this property.
The board reviewed the file of septic issues at 50 Greenwich Road along with the letter submitted 9/7/07 from Joanne Demers & Robert Provencal.  After a brief discussion, Donna motioned to not take any action pending update of the situation in 30 days submitted to the board at which time the board will review the status and take any appropriate action, Mike 2nd, All in Favor.
Beth Kaltner & Bill Kirkham are present for the board to review the submitted application for a Caterer’s license for the Senior Center at 11 Church Street. The plan is to prepare food at the old Senior Center on Church Street and transport it to the new location on West Street using cambros.  At this time funds are not available to finish the kitchen at the new senior center.  The board has concerns of whether the employees actually have enough time to do all the extra labor without cutting any corners creating a health hazard.  Donna also discussed her concerns that they will not be ready to safely serve food in the new location starting October 1st.  She also has a concern of not having a kitchen sink at the West Street location.  The Board decided to give them 3 weeks to get set up and come back to the board to discuss the Catering permit and at that time if the Board feels they are ready they will approve the Catering permit.  Randy will work with Beth and her staff to help them ensure proper procedures will take place for preparing, cooking, transporting and clean up for all meals.  The Board also reviewed the submitted revised plan for the kitchen & health room construction at the West Street location.  They showed some concern of finish materials being used for the backsplash.  Mr. Kirkham informed them stainless steel would be used around the stove.  Judy also informed them that the backsplash by the sink, stove, dishwasher and any other place where splatter could occur also needs to be nonabsorbent & easily cleanable, painted sheetrock is not up to code.  The Board of Health has approved the submitted plans, once this is totally constructed and before they start using the kitchen, the Board would do a pre-operational inspection and upon a passing inspection the Food & Milk permits would be issued. 
The Board reviewed and discussed the submitted letter from Justin Marshall regarding the Sanitary Code Inspection Report and Nuisance Order he received for 44 Park Street.  Mr. Marshall was not present.  The Board decided to have Randy send a letter to Mr. Marshall stating that the property has already been cleaned of the nuisance, thanking him for his attention to this matter.  Randy informed the Board he had just sent the form letter as a reminder not to rent without a re-inspection from the Board of Health for the Sanitary Code Violations and the same day he sent reminders to many locations in Ware.  The Board also decided to send a letter to Mr. Marshall stating they had received his letter, reviewed the file and discussed and are aware this has been an ongoing and difficult process for him and that they want to point out that the issue with the back door is still a violation and needs to be addressed for the safety of any future occupants.
The Board reviewed and discussed the submitted septic plans and request from Brian Sullivan for a local upgrade at 396 Belchertown Road.  The septic plans are designed by Civil Engineering requesting a reduction of setbacks.  Mike motioned to approve the variance allowing the well to be 74’ from the leach bed for a reduction of 26’, Donna 2nd, All in Favor. 
The Board reviewed and discussed the submitted septic plan from Samuel Swain and request for a local upgrade to use a sieve analysis as a substitute for a perc test at 252 Osborne Road.  The septic plans are designed by Civil Engineering. Mike motioned to approve this request for a local upgrade, Donna 2nd, All in Favor.


Discussion Items:

1.       Judy informed the board of ABC&D Recycling filing a Site Assignment application seeking a permit from DEP to also process solid waste at the plant on East Street.  He would still do some demolition & construction waste at a portion of the building and the rest would be municipal solid waste.  It will be the same process as last time with a public hearing, the Board hiring a consultant engineer and both sides having a lawyer.  Donna motioned to have Town Counsel send a formal letter and raise the zoning issue with DEP and also let them know about issues including but not limited to with the traffic data and qualitative risk assessment from other sources of air pollution in the area, Mike 2nd, All in Favor.
2.      Health Inspector Randall Gauley was present requesting assistance from the Board for how to handle the ongoing Nuisance located at 68 West Main Street.  The board requested Randy to talk to the Zoning Officer to be sure the location is zoned for such a business.  Donna motioned to require occupants’ presence at the next Board of Health meeting, Mike 2nd, All in Favor.  Randy will follow through with Mike Agnew, Zoning Officer.

Action Items:

1. Mike motioned to accept previous meeting minutes of 6/20/07, Donna 2nd., Joe abstained

2. The board unanimously agreed to leave the FY08 compensation method for the Plumbing Inspector and the Assistant Plumbing Inspector at the annual salary approved at the ATM and to not make the change requested by the Town Administrator.

3. Approved and signed Temporary food permit for St. Mary’s Ladies Guild function to be held 9/22/07.

4. Signed Ware Payroll & Bills Payable

5. Signed Septic permits @ 396 Belchertown Road for Brian Sullivan and 252 Osborne Road for Samuel Swain

Motion to adjourn @ 6:45 pm by Joe, 2nd by Mike, All in Favor.

Respectfully Submitted,

Betty Barlow

Administrative Assistant