Board of Health

Braintree Board of Health Fletcher Hall Meeting Room, Town Hall 1 John F. Kennedy Memorial Drive, Braintree MA Thursday, November 7, 2019, 7:00 p.m. IN ATTENDANCE: Dr. Arthur Bregoli, Chairman Dr. Philip Nedelman, Vice Chairman Laurie Melchionda, Clerk ALSO PRESENT: Marybeth McGrath, Director of ML & I Dr. Bregoli called the meeting to order at 7:00 p.m. Approval of Meeting Minutes: October 3, 2019 Motion By: Dr. Nedelman to approve the meeting minutes of October 3, 2019. Second By: Ms. Melchionda Unanimously Voted List of Complaints: The board reviewed a list of complaints received from September 30-November 1, 2019. Ms. McGrath noted that the report now contains a column which indicates action taken by the department. New Business: Request for Variance (Food Code-Window), Rivershed Restaurant, 25 Commercial Street Peter Koska, Project Director, Site Management Group, was present before the Board. Ms. McGrath stated in the Braintree/Weymouth Landing area there is a new apartment complex and in the bottom portion are retail spaces. There is a proposed establishment named Rivershed Restaurant that will be going into the space at 25 Commercial Street. They would like to have the Board consider approving the installation of bi-fold doors so they can offer the indoor-outdoor concept of a restaurant establishment in good weather. Mr. Koska stated there is a proposed seating plan for approximately 24 seats outside. It is a depressed patio area and there will be a fence on top of the wall to further enclose the seating area. The door would provide an indoor-outdoor feeling. Ms. McGrath stated they are proposing installing air curtains, a piece of equipment that goes over the door area and blows air down providing a barrier for insects. Ms. McGrath stated in addition to meeting building and health code requirements the operator will also have to go before Braintree Board of Health, November 7, 2019 Page 2 of 3 the licensing board to get approval to have outdoor seating. As part of this you cannot enter that seating area without going through the restaurant. Motion By: Dr. Nedelman to approve the variance request as outlined and presented, with air curtains being provided. Second By: Ms. Melchionda Unanimously Voted Application for Definitive Subdivision Plan, Clean Harbors of Braintree, Inc., Columbia Terrace Extension Rick Grady, Grady Consulting, was present before the Board. Mr. Grady stated the state subdivision control law requires that every subdivision applicant apply to the Planning Board and give notice to the Board of Health. This subdivision is in an existing industrial area. The facility already exists and they access their property by Hill Avenue, a private right of way. This is a preexisting nonconforming lot. They also have access from Columbia Terrace. This is the same plan presented to the Board a few months ago, however, because this is a commercial property they are required to file a preliminary plan followed by a definitive plan. Ms. McGrath stated the requirement will still be that all truck traffic go in through Hill Avenue. This will provide another egress. Mr. Grady stated they currently have a lot of laboratory and maintenance space in a building to the rear of the property. This building is dated and will be replaced with a new building to modernize the existing space. Mr. Grady stated there are zoning changes proposed and approval of this freezes the use for eight years, but there will be no change of use proposed. Motion By: Dr. Nedelman to endorse approval of the plan. Second By: Ms. Melchionda Unanimously Voted Request for Variance (Chickens), Matt Sterling, 2113 Washington Street Matt Sterling was present before the Board. Ms. McGrath stated the Sterling’s are present to request a permit for the keeping of chickens on their property. They presently have chickens and were not aware they needed a permit. The property is located on the corner of Washington and Roosevelt. The existing coop is approximately 50 feet off the back of the house, 11 feet off one side property line and 6 feet off the rear property line. Mr. Sterling stated they have had chickens for five months and have had no complaints. They currently have four chickens. Ms. McGrath stated all abutters have been notified and she received no calls or complaints. She stated this coop has been inspected and they do not see any problems. The property is fenced in and the chickens can run the property inside the fence. Braintree Board of Health, November 7, 2019 Page 3 of 3 Motion By: Dr. Nedelman to approve variance request for four chickens, no roosters. Second By: Ms. Melchionda Unanimously Voted Informational: Ms. McGrath provided information on Norfolk County Municipal Vape Prevention Training. She stated Lyn Frano wanted to invite members of the Board to attend this training, which is being offered through the Norfolk County District Attorney’s office. Dr. Nedelman asked in anticipation of the vaping ban being removed what authority does the Board have to control the amount of vape products sold in the town, such as menthol. Ms. McGrath stated the Board would have to amend the regulation. She stated there are six communities who have brought forward regulations and they are currently in litigation. She stated the state is trying to push a regulation through to ban all flavored vape products. Dr. Nedelman asked if they have any authority to close the vape stores. Ms. McGrath stated since this has been challenged at the state level any local board would be subject to the same challenge. Dr. Bregoli stated that communities can close the stores, but these products can still be purchased online. Ms. McGrath stated over the next month they should see some action on what way this is going to go. If the ban is lifted and everyone is allowed to sell these products again she would suggest that the Board consider a restriction on menthol and mint. Dr. Nedelman asked if the Board could impose its own ban and Ms. McGrath stated she would have to consult with legal. Dr. Nedelman stated he would like her to check with legal to determine what authority the Board would have. Dr. Nedelman asked if the schools are trying to determine whether students have vaping devices. Ms. Melchionda stated they are trying, but it is very difficult. They have to be careful not to cross the line with accusing someone. Ms. McGrath provided an update on the flu vaccine. She stated the town purchased 1300 doses of flu vaccine and have about 150 doses left. They used 669 doses at the Sunday flu clinic and 350 doses on the following makeup clinic. She stated the makeup clinic numbers were low because they were three weeks late getting their vaccine. Next Meeting: December 12, 2019 Motion By: Ms. Melchionda to adjourn the meeting at 7:35 p.m. Second By: Dr. Nedelman Unanimously Voted