2000-06-22City of Beverly, Massachusetts
Public Meeting Minutes
Board: Board of Health
Subcommittee:
Date: June 22, 2000
Place: Beverly Public Library, Program Room
Board members present: Frank Carbone, Jr., MD, Norman Spector and Peter Hersee
Board members absent:
Others present: William Burke, Director of Public Health and Thomas Scully, Director of
Community Services.
Recorder: Judith Balboni
The meeting was called to order at 7:30 a.m.
The Board reviewed and accepted the minutes of the May 25, 2000 meeting.
Mr. Burke informed the Board of the upcoming retirement of Joanne LeClerc, RN, Public Health
Nurse. Her last working day will be June 30, 2000. Joanne will be using accrued vacation time
and will be on the payroll until September 2000. Mr. Burke will work on a draft job description.
The Board welcomed representatives/owners of seven restaurants who have submitted requests
for variances to the Environmental Tobacco Smoke Regulation. Each will be given time to give
brief commentary on what they want to do and then the Board will go back and discuss or take
under advisement.
Cracker's Pub proposes to enclose completely the bar area, having two separate rooms and the
doors would be self-closing between. Currently the bar area exceeds 25% of establishments'
seating. After viewing plan, motion by Mr. Spector to conditionally approve request, seconded by
Mr. Hersee. Unanimous. Variance granted for one year.
Brew House Cafe & Grille presented petition for variance, specifically the first floor bar/dining
area which has full menu and far exceeds the seating capacity of regulation. After some
discussion, Brew House withdrew request without prejudice. The upstairs bar area as currently
designed and operated does meet the requirements and does not need variance.
KC's Pub presented petition for variance, specifically, the bar area exceeds 25% of total seating
capacity. With bar area and dining area completely separated, doors between, self-closing and
wait staff using kitchen door to pub when servicing pub patrons, and incidental food being served,
the variance is granted. Mr. Hersee motion to accept, second by Mr. Spector. Vote unanimous.
Kitty O'Shea's Irish Pub will be smoke-free from 11:00 a.m. to 9:00 p.m. (kitchen closes at 8:00
p.m.) They request variance to allow smoking from 9:00 p.m. to 1:00 a.m. when
establishment takes on the characteristics of a bar as defined in the regulation. Establishment is
too small to construct enclosure. Motion by Mr. Hersee, seconded by Mr. Spector. Vote
unanimous.
Goat Hill Grille presented petition for variance, specifically, propose enclosing bar area but not
doorways and the bar area seating exceeds 25% of total capacity. After some discussion regarding
doorway enclosures and not knowing the constraints of building code, Mr. Murphy withdrew
request without prejudice. Mr. Burke suggested an appointment be made with Building Inspector
and meet at the establishment. As an alternative proposal, a variance request for allowing
smoking in the establishment one hour after the kitchen closed was discussed. Board voted to
approve alternative request.
Beverly Depot requests variance, specifically, the doorway from bar area which empties into long
hallway containing restrooms cannot be fitted with a door due to handicap access, therefore, not
fully enclosed. The supporting documentation is, make-up air unit in hallway, combined with
distance from dining area and ceiling height would provide equivalent protection as door. The bar
area menu (i.e., incidental food service) needs to be clarified.
Harry's 240 The bar can be separated and enclosed from dining area, however, the bar area
seating exceeds 25% of the establishment's total seating. Currently, there is full menu service in
the bar. An alternative bar menu must be created prior to vote.
Variances granted are for one year effective September 1, 2000. It may be extended for like
periods upon submission of a renewal application formally posted on the Board of Health agenda
and approved by the Board. Copies of these variances shall be available for public inspection on
the premises.
The Hannah Village Apartment Complex requests a lifeguard waiver renewal. Maintenance
person has been certified as pool operator. Also noted, no children are allowed and few persons
actually use the pool. Mr. Hersee made motion to grant waiver, seconded by Mr. Spector. Vote
unanimous.
The next meeting to be scheduled.
The meeting adjourned at 9:00 a.m.
Respectfully submitted,
ith A. Balboni