Meeting Minutes
March 24, 2008
Members Present: Gerry Gleich, Matt Mecum, Lorie Martiska
Members Absent: None
Others Present: Dennis Costello (Sanitation Agent), see attached Sign-In Sheet
Recorder: Melanie Rich
GENERAL BUSINESS
Vouchers were approved.
Matt motioned to accept the Meeting Minutes dated March 5, 2008; Gerry seconded; the Minutes were approved.
April 28, 2008 was confirmed as the date for the next BOH meeting.
Planning Board Letter dated March 17th Regarding Comment on Butler-Deardon Paper Services Expansion – After a review of the plans, it was determined that the septic is big enough to accommodate the addition. A letter will be written to the Planning Board indicating the Board’s opinion.
AGENT'S REPORT
DEP MHOA Meeting and Pharmaceuticals in Drinking Water – Dennis attended the meeting. It is unknown the amount of pharmaceuticals that go into septic systems. Local Health Agents and Directors will be meeting to investigate and educate the general public. Information will be put on the website. Other topics included well information and Title 5.
81 Shrewsbury Street – Donna Kolodziejczak attended. She said she was looking for clarification. She asked who the board consisted of and what Dennis’ relationship to the board was. She was told that Dennis is the Health Agent and our enforcement person. She said she had been in contact with Bob Landry from the City of Marlborough Health Department who said that her exact same business is allowed in the City of Marlborough at the Solomon Pond Mall. She said she came before the Board in September with Attorney Janet Lombardi with information about her business and stated that she requested and received a variance for her business from the Board of Health. She said there is still confusion as to what she was putting there. She thought it was cleared up back then; it is
a café, not a restaurant. She does not think she was fully informed by the Board of her requirements. She was unaware that the builder did not pull the permit for her retail/café until today when she spoke with Mark Bertonassi (Building Inspector). She was informed by the Building Inspector that there would need to be a change to the septic system in order to put in a retail business with a café. Mrs. Kolodziejczak wanted to know why she was getting the information today when the laws haven’t changed. She reiterated that it is a retail store with a small café to buy coffee and pastries. She is not doing cooking. She said she is very put out because she has invested a lot of money and purchased machinery and now, once again, wanted to know why she was given a variance in September. Gerry Gleich told her that when she came before the Board in September, it was only a discussion as to how food was going to be
handled. It is to be noted that no variance was requested, therefore, no variance was received by Mrs. Kolodziejczak. On September 24, 2007, at the Board of Health meeting, she was asked to send a letter to the Board to indicate exactly what she proposed and an architect’s plans. We received a letter from Attorney Lombardi, and to date have not received architectural plans indicating what type and size this business would entail. The Board was unaware that she was still pursuing the matter. In her discussions again, Mrs. Kolodziejczak said it is not a restaurant and should not be categorized as one. Dennis said we are not categorizing it as a restaurant, but as a food service/café. He did research and contacted several towns (Shrewsbury, Hudson, Westborough & Northborough) to inquire on this type of operation and all agreed that a café is a food service requiring a septic system as defined in 310 CMR 15.416.
Mrs. Kolodziejczak was told that when a food service is put on a septic system, the requirements are different than retail/office/bank, etc. With the addition of the food service designation, a larger system and a grease trap would be required. Dennis attempted to explain why a grease trap was required and why a larger system would be needed at that site. She was told that a retail store only would be fine. She was also told that the plumbing code defines a food service as “any alcoholic or non-alcoholic beverage to be sold and consumed on the premises is a food service.” Mark Bertonassi reiterated the plumbing code’s definition. She was informed that the developers (Matt and Frank Tomaiolo) were aware that the size of the system needed and a grease trap would need to be installed in order to handle her type of food service establishment. The plans were approved on March 27, 2008 for commercial office space only, not approved
for any type of food service. Further discussion from Mrs. Kolodziejczak were about changes she could make to her business to conform with the regulations by use of signage (food cannot be consumed on the premises) or by removing tables and chairs and having the customers stand. The Board mentioned that there is a developer at Route 140/70 who currently has his building permit for a multi-use building and has an approved septic system that would accommodate her business. Before leaving, Mrs. Kolodziejczak told the Board that her sons (who are Chefs in Boston) told her a grease trap was needed, which is why she hasn’t moved along. A letter will be written to Mrs. Kolodziejczak for coming in and discussing her issues with the Board and hope that the Board has answered all her questions and concerns.
PLAN REVIEW – No plans for review tonight.
Matt Mecum mentioned that a 5K road race will be held by Parks & Recreation on Memorial Day and is something that the Board may want to be involved in. A town clean up day and a walking program was also suggested.
Topics for a cable TV show were discussed and included vaccines & obesity. Members were asked to bring any other ideas to the next meeting.
Gerry motioned to adjourn the meeting at 7:40 p.m.; Lori seconded; all agreed.
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