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BOH Minutes Jun 3 2015
C h i l m a r k   B o a r d   o f   H e a l t h
M i n u t e s
Wednesday, June 3, 2015
Chilmark Town Hall
5:00 pm

Present:  Katie Carroll, Matt Poole, Jan Buhrman

Also Present: Reid Silva (Vineyard Land Surveying and Engineering), Andrew Goldman (Parks and Recreation Committee), Karsten Larsen, Dee Smith (Tea Lane Caterer), Alan Healy, Aaron Zeender, Jay Ayer

Minutes of May 20, 2015 approved.

Mermaid Dairy:  Alan Healy and Aaron Zeender came to the Board to discuss their plans for creating a seasonal Food Truck to serve at the Mermaid Farm site and, occasionally, off-site.  They would like to prepare almost exclusively farm-sourced food in the trailer for sale at the farm stand.  Food processing would be carried out in the truck, and a separate area of the dairy facility’s walk-in cooler would be set aside for food truck food storage. Appropriate and State-approved dry goods storage is also available on-site.  Ideally, they would like to be able to compost the greywater resulting from food truck operations.  The Board noted that greywater is not permitted for surface disposal under Title 5.  Jan Buhrman suggested that Alan Healy could contact the Department of Environmental Protection to determine whether the farm’s compost pile could be approved an appropriate locus for greywater disposal.

The Board is prepared to conduct a Plan Review at its next meeting on June 17th, pending receipt of a written proposal from Mermaid Farm.

Botwick, 29 Fulling Mill Road (25-57)  Reid Silva presented a septic system construction permit application for an upgraded, 4-bedroom septic system which does not require variances.  The Board approved the application.

Sands, 4 Austin Pasture Road (33-85) Reid Silva presented a septic system upgrade permit application for a system which shows the following failure criteria:  the SAS is within 50’ of a private water supply well;  there is a pit-privy 20’ from the well;   grey water from the laundry discharges to surface;  and the water supply well is located 8’ from the septic tank.  The Board approved the application, on the condition that correction of the items listed must be reflected on the plan.

Larsen, 2 Menemsha Crossroad (26-100) well construction permit application and septic construction permit application revision presented by Reid  Silva.  The Board noted receipt of a letter from abutter Julianna Flanders, the abutter affected by the requested variances, stating agreement with the proposed plan.  The Board approved the well and septic upgrade proposals as presented.

Herman, 91 Gosnolds Way (14-31) Reid Silva presented a septic construction plan revision which was approved by the Board.

Taylor, 21 Eliot Avenue, (33-26,27,&28) Reid Silva presented septic construction plan revision to install a FAST nitrogen-reducing system instead of the drip-dispersal system approved by the Board at its meeting of 3/4/2009.  The Board reviewed the variances requested under the current proposal, and decided to hold a public hearing for this application on July 1, 2015, at 5:30pm.

Nitrogen in the Environment:  Chilmark resident Jay Ayer approached the Board to request a discussion on options for reducing release of nitrogen into the environment in Chilmark.  The Board welcomed the opportunity for this discussion, and decided to address the matter at its next meeting on June 17th.

Tea Lane Caterer, 8B Clambelly Road (7-64.2) Dee Smith came before the Board to discuss the wastewater disposal for the Tea Lane Caterer’s kitchen.  She stated that the main ware washing operation is within the facility, with a three-bay, stainless steel commercial sink and dishwasher.  The outdoor wash station was established in 2009 in its current configuration.  It was originally developed to prevent water from outdoor rinse-and-clean activities from pooling at the bottom of the driveway.  Instead, water was diverted into a cistern located deep in the dense underbrush downgrade from the site.

She emphasized that only items too large to be washed indoors, such as coolers, large stock pots, bus tubs, fish tubs, over-sized sheet pans etc. are washed at the outdoor station, which was improved per requirements of the 2014 inspector by sealing the concrete pad with an impermeable, slip-resistant surface, and installing mesh walls on the tent.  She noted that being able to air-dry large items outdoors, rather than in the smaller spaces available in the steamy kitchen, allowed for more rapid and more sanitary drying, and that all rented equipment is returned to the company for cleaning, rather than being cleaned at the kitchen.

The Board noted that a Title-5 compliant ware washing system is imperative in going forward.  Members further noted that, during the past summer season, the food inspector had made suggestions for improvements to address food safety concerns at the outdoor ware washing station, which, while beyond the scope of authority of the position of inspector, had enabled the operation to function in a food-safe manner during the 2014 season.  They stressed that, in the 2015 season and henceforth, regular ware washing would have to be done in the Food Code and Title 5 compliant indoor ware washing facility;  they agreed that the outdoor station could be used to clean items that were too large to be cleaned indoors, such as large trash cans and coolers.  Marina Lent will send a letter articulating the Board’s findings.

Administrator/Inspector Position Responsibilities:  Marina Lent requested clarification of the responsibilities and authority of the position: are they essentially the same as the responsibilities and authority of a Health Agent in all but name, or are they something less than a Health Agent?  The Board felt that because the Chilmark Board prefers to be fully involved in all decision making and the analysis of conditions leading up to its decisions, the position is not equivalent to that of a Health Agent.  The responsibility a Board of Health Agent is to represent the Board and implement their policies.  This also applies to the Administrator/Inspector.  The position of the Administrator/Inspector differs from an Administrative Assistant in that the Chilmark Health staff also carries out inspections.  Except in cases where the inspector discovers conditions posing an immediate threat to human health or the environment, (in which case immediate corrective measures up to and including cessation of operation will be taken), code violations are to be noted on the inspection report and brought to the Board for consideration and disposition.  The Administrator/Inspector also decides which issues need to be brought to the attention of the Board for information and/or disposition.

Basin Road Sushi Shack   Karsten Larsen and Andrew Goldman of the Chilmark Parks and Recreation Committee met with the Board to present a proposal for the sale of boxed sashimi tuna from a shack on a town lot on Basin Road leased by Karsten Larsen.  The proposal involves packaging Karsten’s fresh-caught tuna in sealed sashimi-boxes with wasabi, ginger, and soy sauce.  Processing and packaging will take place at the Larsen’s Fish Market, located next door to the proposed “Sushi Shack”.  A letter from Larsen’s Market owner Betsy Larsen to the Parks and Rec Committee states that Karsten Larsen is permitted to use the fish market to prepare and package the food and for cold storage of product he has caught.  Andy Goldman noted that the proposed shack will provide a product that is not currently sold by the two existing retail markets on Basin Road.  He stated that the proposal is supported by the Parks and Rec Committee, contingent on Board of Health approval.

Sale will be seasonal, from 4pm to 7:30pm.  As per the 1999 Food Code 3-402.11(B), the only species sold will be Thunnus alalunga, Thunnus albacares (Yellowfin tuna), Thunnus atlanticus, Thunnus maccoyii and thynnus (bluefin), and Thunnus obesus (bigeye).   

Matt Poole noted that an establishment selling a perishable product would require a water supply and waste water disposal system.  Jan Buhrman asked whether the closed-package product requires the establishment to have running water.  Katie Carroll noted that the 105 CMR 590.009(B) allows mobile food operations to sell “pre-packaged food prepared at a food processing establishment licensed in accordance with 105 CMR 500.000, except that pre-packaged food may be prepared by the mobile food operator at a licensed food establishment for which he or she holds a permit in accordance with 105 CMR 590.000”, but questioned whether the packaged sushi boxes would qualify as “pre-packaged food” under the regulations.

Matt Poole suggested that this question would have to be decided by the State Food Protection Program.  The Board then discussed the possibility of providing hand washing facilities through a water-tank filled from an approved public water source through a food-grade hose to serve a small hand wash sink which could be installed next to the refrigerator-unit, and would drain into a bucket to be emptied and cleaned daily.

Requirements for the establishment will include:

  • step-by-step description of the process from the boat to the customer’s hand, including how any left-over product will be handled;
  • Labelling:  Ingredient(s), date packed, weight, name/contact info of processor;
  • Serve-Safe certification;
  • Written agreement with Larsen’s Fish Market to use the premises (signed by both parties);
  • List of interior finishing on plan: smooth, impermeable walls and ceilings; impermeable, cleanable floor;
  • Running water for handwashing as discussed;
  • No bare-hand contact with RTE food during processing/packing (gloves, changed between jobs);
  • Allergen Advisory signs posted at point-of-sale;
  • “Consumption of raw” advisory posted at point-of-sale;
  • Tuna only – with temperature logs kept to demonstrate no risk of Histamine formation;
  • Screens on shack intact no holes.
Karsten Larsen informed the Board that he intends to take a Serve Safe class on June 8th, and will produce a written plan according to requirements.

Beach Plum Inn outdoor fish processing:  Matt Poole brought the Board’s attention to a photo posted on facebook showing outdoor filleting of a yellow tilefish on Beach Plum Inn premises.  The Board noted that outdoor food processing is not Food Code compliant.  Katie Carroll said she would look into it, and work with Marina Lent to achieve compliance.

Homeport and Beach Plum Inn:   The Board reviewed a Catering Permit application and HACCP Plan for the Beach Plum Inn and Homeport Restaurants.  The Board decided to issue “yellow-light” catering permits under which the establishments will submit a Temporary Event application for each proposed event at least three days prior to the event.  The Board also decided that it will conduct a review of the septic systems serving the Homeport and Beach Plum Inn to ensure that septic disposal capacity will not be exceeded.  The Temporary Food Event Permit fee will be waived for these events, since a Caterer’s Permit fee has been submitted to the Town with the application.

Farm Stand Permit issued to: North Tabor Farm

Chilmark Tavern, 9 State Road (30-83) PWS #4062002 well completion report received – potability passes

Burns/Harrison, 8 Mayhew Lane (27.1-196)   well completion report received – potability passes

Keohane, 15 Hewing Field (12-64) Title 5 Official Inspection report -- passes

Catered Events: 6/27: Sanders, 16 Shotnaiger Lane (34-1.6) 64 people (Kitchen Porch);  Paridis, 231 State Road (33-87) 100 people (Kitchen Porch);  6/28: Captain Flanders House 440 North Road (20-60) 180 people (Kitchen Porch).

Temporary Food Event: Island Grown Schools, June tasting of herb-ranch dressing, Chilmark School, 6/11 12:00-12:30;

Fertilizer Permit:  Philip Demers, 17 Hawk Valley Road

Invoices:  The Board approved the following invoices for payment:

  • Marina Lent reimbursement for Travel to EMD Essentials training in Bridgewater, MA, 6/18/2015 $94 (SSA)

The meeting adjourned at 18:10 hours.


_______________________              _______________________                       _______________________
Katherine L. Carroll, Chair                 Matthew Poole                                       Janet L. Buhrman
Chilmark Board of Health                   Chilmark Board of Health                     Chilmark Board of Health



A recording of this meeting is on file at the Board of Health office and available for on-site review.