Salem Board of Health
Minutes of Meeting
Special Variance Meeting
June17, 2009
Date & Time: Wednesday, June 17, 2009
Meeting Location: Salem Old Town Hall, 32 Derby Square, Salem
Members Present: Chair Paulette Puleo, Barbara Poremba, Martin Fair, Gayle Sullivan, Larissa Lucas
Absent: Vice-Chair Marc Salinas, Noreen Casey
Others Present: David Greenbaum, Acting Health Agent and Council President Paul Prevey
Paulette Puleo called the meeting to order at 7:00 p.m.
Paulette Puleo states, The Tavern in the Square located at 169-183 Washington Street has come before the Board of Health to apply for a variance of 105 CMR 590.000 Federal Food Code regarding Open Air Café dining. The board will be taking questions after the Tavern has stated their case. Would the representatives identify themselves for the record?
Representatives present for the Tavern in the Square: Mark Morris Owner, Stephen Desousa Owner/Director of Operations, Renato Valentim Owner/Manager and Joseph Correnti attorney for the Tavern in the Square.
Paulette Puleo informed the group that she had contacted Diane Bernazzani of DPH, Christina Hernandez the Head Inspector of Sanitation in Cambridge, and Tom Coffill of the City of Boston’s Health Department, to find out how the European style open-air café’s in their communities comply with state regulations. They referred her to the DPH guidelines written in 1996. The issue paper, prepared by DFD staff, recommends that LBOH’s require a variance for restaurants which intend to have open-air sections and that safe-guards for food and food prep areas be instituted. A copy was provided to all Board members at the June 9, 2009 meeting and again at this meeting.
Paulette Puleo At the June 9, 2009 meeting, Tavern in the Square was given the state suggested variance guidelines to use in developing their plan. Paulette Puleo asked the representatives to explain their plan.
Attorney Joseph Correnti addresses the board. He explains to the board that an application has been presented for a variance to allow the opening of the Taverns by-fold windows along both sides of the establishment with compliance to the food code.
Stephen Desousa explains to the Board that both entrances to the kitchen have swinging doors and since last week, installation of air curtains over those doorways has been completed and will be fully functional while their windows are open. Food containers at both bar areas have been covered.
David Greenbaum and Stephen Desousa discuss the allowance of this variance. There have been a number of complaints to the Board of Health office about windows and doors being open since the opening of the Tavern. The air condition units were not working property for weeks. Because of this customers complained and an emergency exit door was propped open to allow air flow into the establishment.
Paulette Puleo and Martin Fair state they have concerns about their breakfast buffet and the windows being open during the buffet.
Martin Fair asked about their pest management plan and if they plan on exterminating more often.
Paulette Puleo At the suggestion of the Head Health Inspector in Cambridge where two Tavern in the Square Restaurants operate and DPH’s guidelines that extra precautionary pest control measures should be instituted, Paulette proposed a weekly pest control inspection from May to October.
Larissa Lucas expresses concern about rodent control issues. The low height of the windows from the street could cause potential rodent control issue to establishment.
Paulette Puleo opens the floor for questions:
Katherine Jenson: How does a restaurant apply for this variance and what do they need to do to qualify?
Paulette Puleo: David Greenbaum will be sending a copy of the state guidelines for open air café dining and Salem’s Plan review for a variance with an application to every appropriate establishment within the next week and thereafter one would go to the department at 120 Washington St. and request a copy these materials.
T.C. Riley Gogin: Tells the board that during her discussion with many Salem business owners there is a concern that the new establishment is getting special treatment.
Paulette Puleo: Explains that the Tavern in the Square is not getting special treatment and that any food establishment can apply for this variance.
Bill Roach Salem YMCA: Is it required by the state that establishments have to apply individually for this variance and that this can not be applied to all establishments throughout city at one time?
Paulette Puleo: Yes, it is required by the state that all establishments who would like to have open windows without screens apply for a variance pursuant to section 105 CMR 590.010 and if their plan meets this set of criteria, the Board would then vote. A variance can be rescinded if the establishment is not following the guidelines and conditions set by the Board. There will be zero tolerance for critical violations.
Owner of Tin Whistle: How is this Open Air Dining different from outdoor seating as afar as flies are concerned?
Answered by Paulette Puleo and David Greenbaum: The State Regulations/BOH concern is the protection of the food in storage, preparation and display areas, where food is left unprotected and unmonitored. People have a choice to sit inside or outside.
Bill Roach: Would we need to have a barrier for kitchen area if the windows are open?
Martin Fair: Yes, that’s part of the compliance to this variance.
Paulette Puleo asked the audience if there were any more questions or concerns.
The board will now discuss the possible conditions of the variance.
Possible Conditions Reviewed by the Board:
* Self closing Kitchen doors with air curtains
* Pest control done on a weekly bases and reports sent to the Board of Health
* Serve Safe certificates must be posted in a public area at all times
* Permits and conditions of variance must be posted in a public area at all times
Paulette Puleo asked how the restaurant was going to protect the food during the buffet services hours.
Mark Morris explains that all chafing dishes have self closing lids. Preparation of food will be done in the kitchen and brought out to the chafing dishes for service.
Attorney Joseph Correnti explains there will be 3 employees manning the buffet during service hours.
Stephen Desousa also added the windows behind the buffet will be closed and ladles for food will be kept inside the chafing dishes.
Paulette Puleo reviewed the possible conditions listed above with the Board.
Martine Fair asked about the distance between the restaurant and the dumpster area.
Steven Desousa: The dumpster is about 80 feet from the entrance to the restaurant.
Conditions reviewed by Board
Barbara Poremba motioned to approve the variance with the conditions as stated:
* Self closing Kitchen doors with air curtains
* Weekly exterminations from May to October with reports sent to the Board of Health
* Serve Safe certificates of all managers must be posted in a public area at all times
* Permits, conditions of variance must be posted in a public area at all times
* All food must be covered in bar and buffet area
* A sufficient number of staff will monitor buffet
* Rubbish and garbage must be stored within 80 feet from any openings to the establishment
Larissa Lucas Second the motion
* Unanimously approved
David Greenbaum explained to the Board that there is an established BOH fee schedule which will be accessed to the establishments that apply for this variance. A plan review fee of $90 or $180 will have to be paid - $90 for a small plan review and $180 for a large plan review.
Both Larissa Lucas and Barbara Poremba state that the fee should be $1000.00.
A discussion to place which resulted in David Greenbaum looking into the legal limits of fees the BOH may institute and to report back his findings to the Board at the next meeting.
Barbara Poemba motions to end the meeting
Larisa Lucas seconded
*All in Favor
Respectfully submitted by:
Heather Lyons
Clerk of the Board
| 
