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2001-03-22City of Beverly, Massachusetts Public Meeting Minutes Board: Board of Health Subcommittee: Date: March 22, 2001 Place: Council on Aging, Conference Room Board members present: Frank S.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, Pat Zingariello, Public Health Nurse. Recorder: William Burke The meeting was called to order at 7:30 a.m. The Board reviewed, approved and accepted the minutes of the February 15, 2001 meeting. The first order of business was a discussion of a variance determination regarding the Environmental Tobacco Smoke Regulation for JarHar Inc., dba, Madison Grill, 208 Rantoul Street, owner Neil Harwood who was represented by Attorney Jack Altshuler. Mr. Altshuler stated to the Board that the renovation of the former Fusions Restaurant was delayed due to tax problems with the previous owner. He further stated that the new bar area served as a storage room for the previous food establishment and that the building permit was pulled in June of 2000 and was far below the dollar amount that triggers the extensively remodeled component of the Regulation. Also, new establishments would be put at unfair disadvantage because smoking is prohibited. He suggested that the regulation be modified as to treat everyone fairly on a level playing field. Members reviewed the floor plan. Mr. Hersee asked if new bar area of the establishment was part of the previous restaurant. Mr. Altshuler replied, "NO". The members discussed the adoption date of October 1999 threshold versus the September 2000 effective date. Later in the meeting a motion was made by Mr. Hersee to deny the variance request. It was seconded by Mr. Spector, vote unanimous. The Board based its decision, in part, on the fact that the bar area in question was not a pre-existing functioning bar of the previous food establishment and that the building permit was obtained alter the adoption date of the regulation. The Board cited Section 5- "SMOKING PROHIRITED" of the ETS Regulation. The second order of business was a Title V, Variance request for 167 West Street Reduction of Soil Absorption system and setbacks. Mr. William Perkins of Saneco, Inc. represented the former owner George Cushing who is responsible for upgrading the system. Mr. Perkins stated that the existing cesspool with leaching trench would be upgraded using a TitleV approved alternative system due to soil condition constraints and explained the various variance/upgrade requests. A motion was made by Mr. Hersee to approve the request with several conditions, specifically: - Reduction of setback distance from intermittent sand filter to garage slab foundation from the required 10' to 5' - Reduction of setback distance from leaching field to salt marsh from the required 50' to 22'. - 50% reduction in the soil absorption system size from the 3,667 s.f. to 11860 s.f., conditional upon DEP approval. - Reduction to groundwater from the required 4 ft. to requested 2 ft., conditional upon DEP approval and that a vacuum test be performed on the septic tank after installation and witnessed by a representative of the Board of Health. The motion was seconded by Mr. Spector, vote unanimous. Updates Public Health Nurse, Pat Zingariello, submitted her monthly report to the Board. Some of the highlights were: - The submission of the Skin Cancer Grant to Mass. Assoc. of Health Boards - The planning of a Woman's Health Day for May 23, 2001 at Senior Center - The planning of a Men's Health Day for June 18th at the Senior Center - The performance of a TB Clinic at the River House Shelter Mr. Burke informed the Board that he & Ms. Zingariello were working on the Department web page with NSCC student, Gail Prendagast. Various staff members to attend a seminar on West Nile Virus on April 10, 2001. Mr. Burke & Mr. Reale attended the public hearing on the amended Bath Beach Regulation. A concern of many local health departments is that there is no money provided in the Governer's budget. The meeting was adjoumed 8:50 a.m. The next.scheduled meeting is April 26, 2001. Respectfully submitted, William Burke III, RS, CHO