Board of Health

Braintree Board of Health Meeting Held Via Zoom Thursday, May 11, 2023, 7:00 p.m. IN ATTENDANCE: Dr. Arthur Bregoli, Chairman Dr. Philip Nedelman, Vice Chairman Juliana Melchionda, Clerk ALSO PRESENT: Marybeth McGrath, Director of ML & I Kathleen Mahoney, Tobacco Compliance Officer Dr. Bregoli called the meeting to order at 7:00 p.m. by roll call vote: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes Approval of Meeting Minutes: April 13, 2023 Motion By: Dr. Nedelman to approve the minutes of April 13, 2023 Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes New Business: Notice of Sale of Tobacco Product Violation: Cumberland Farms, 831 Washington St. Michael Connelly, District Manager, Cumberland Farms was present before the Board via Zoom. Kathleen Mahoney, Tobacco Compliance Officer, stated on April 12, 2023 she went in to do an inspection at Cumberland Farms. On the shelf behind the register were Jazz Black and Mild cigars, which are considered a flavor in Massachusetts. She spoke to the clerk and took pictures. Ms. McGrath stated this is considered a first violation and under the Board’s new regulations there is a $1000 fine and a five day suspension of tobacco permit. Mr. Connelly addressed the Board. He stated that Cumberland Farms recognizes that Jazz Black and Mild is a flavor, which should not have been delivered to the site. Their warehouse delivers to other states and this happened in error. Procedures have been put in place to stop this from happening. He stated at the store level if these items are scanned it would come up blocked for sale and they would not be able to sell it. He is hoping this will not happen again, as this was human error and unintentional. He does not think any of the packs were sold, as the clerks cannot override the code system. Braintree Board of Health, May 11, 2023 Page 2 of 4 Ms. McGrath recommended the Board impose the penalty for first offense. Motion By: Dr. Nedelman to impose penalty for first offense on May 12, 2023 beginning at noon. Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes Ms. McGrath advised Mr. Connelly that a member of her staff will be at the store tomorrow and all tobacco products must be removed from the store shelves by noon and stored in a secure location. They can be stored on premises but not accessible to any employees. Sarah McColgan of the Massachusetts Health Officers Association addressed the Board via Zoom. She stated she is present to provide any assistance or information to the Board regarding the sale of tobacco products or any previous litigation with Cumberland Farms over this product. There were no questions from the Board for Ms. McColgan. Request for Variance of Well Regulation, Patrick Murphy, 101 Sycamore Road Patrick Murphy was present before the Board via Zoom. Ms. McGrath stated the applicant would like to install a well in the front yard. There is a pool and other structures in the backyard that would make it difficult to install a well. The proposed location does meet side and rear setbacks but only meets a 46.2 foot setback to the roadway. She conducted a site inspection and sees no problem with this location. All direct abutters have been notified and she has received receipts of notification. There has been no response from any of the direct abutters. Motion By: Dr. Nedelman to approve the variance for 101 Sycamore Road Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes Bodywork Establishment & Therapist Permits: Bodywork Establishment Permit Application, East Massage Therapy, 236 Quincy Ave. Bodywork Therapist Permit Application, Meiying Fang Meiying Fang was present before the Board via Zoom, along with Bob Su, assisting with translation. Braintree Board of Health, May 11, 2023 Page 3 of 4 Ms. McGrath stated Ms. Fang will be the owner/operator as well as a therapist. She owns a licensed massage establishment at 236 Quincy Ave, Braintree. The licenses for this establishment are issued by the State Board of Massage Therapy. Ms. Fang is requesting a permit as she would like to practice acupressure, which does not fall under the state massage regulations. Dr. Bregoli asked Ms. Fang to explain what acupressure is. Ms. Fang’s representative, Bob Su, stated massage therapy focuses on the muscles whereas acupressure is for acupuncture points and there is no break of the skin. Ms. McGrath stated when she visited the establishment Ms. Fang explained that acupressure works more on the deep tissues and pressure points. The rooms are set up like a massage room with a table with a sheet and disposable sheet, a chair, and menthol balm. Motion By: Ms. Melchionda to approve Bodywork Establishment and Bodywork therapist permits. Second By: Dr. Nedelman Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes Master Plan Steering Committee Roadshow Presentation - Justine Huang, Master Plan Steering Committee member, was present before the Board via Zoom. She provided a PowerPoint presentation to the Board. The Master Plan Steering Committee and the Consultant Team have developed a list of potential strategies and are seeking input from boards, committees and civic organizations. She stated a master plan looks at what the town wants to look like and strategizes how to get there over a ten year course. There are five core themes: Conservation, preservation and sustainability; economic growth; transportation; housing; and public facilities. The master plan is available for review on the town website. Ms. Huang reviewed the rating system for the strategies presented. Ms. McGrath asked if the Board will have to provide feedback during the presentation. Ms. Huang responded they would like to get the Board’s initial feedback on the topics presented and they will also be sent an exit poll email for feedback. The Board reviewed the topics provided and provided a ranking for each topic. A discussion was held on each topic and Board members provided their reasoning for their ranking. Ms. McGrath asked if topics can be added to this list. Ms. Huang stated yes, the Board can provide comments through email. Informational: Annual Rabies Vaccination Clinic, Saturday May 13, 2023 - Ms. McGrath reported the rabies clinic will be held in the side lot at town hall. The cost is $15 per animal. Update on Skyline Apartments Court Case - Ms. McGrath stated Skyline Drive is a 220 unit apartment complex. The town has been involved with litigation in coordination with Braintree Board of Health, May 11, 2023 Page 4 of 4 the Attorney General for sanitation and building code violations on that property. The most recent court hearing was held yesterday. The town and the Attorney General would like to see the complex put into receivership. Judge Corvin of Quincy District Court is reluctant to do so at this time as they are making progress, though not as quickly as the town would like. They will continue to work on this, with the goal of providing a safe and sanitary environment for the residents of Skyline Apartments. Next Meeting: June 15, 2023 Motion By: Dr. Nedelman to adjourn the meeting at 8:13 p.m. Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes