Board of Health

Office of the Board of Health City Hall 166 Boulder Drive – Suite 108 Fitchburg, Massachusetts 01420 978-829-1870 An organizational meeting was held on April 6, 2017 at 5:00 pm. Present were: Ian Murray, Chairman; Stephen Curry, Director; Sandra Knipe, R.N.B.S.N. Member; Dr. John Bogdasarian, M.D.; Stephanie Holinko, Food Inspector; Jean-Francois Leblanc, Sanitary Inspector; Chris Anderson, Hannigan Engineering; George Maroun, Esq.; Nicholas Maroun. Title 5 Local Upgrade Approval for 20 Damon Road: Chris Anderson, Hannigan Engineering has submitted plans for the following LUA: Construction of a subsurface sewerage disposal system for an existing single family home. The lot currently is a 4-bedroom single family home. 1) Requested to install a Presby Advanced Enviro-Septic system to replace its current disposal system. 2) LUA is requested for the reduction in the required offset to the Estimated Seasonal High Groundwater Table. The proposed system is intended to replace an existing non-compliant system and a reduction in the groundwater offset from four (4) feet to two and one-half (2.50) feet is requested. A reduction of up to two (2) feet is allowed per Massachusetts Advanced Enviro-Septic Design and Installation Manual, Dec 2016, Section 4.2. Sandra Knipe asked what will be done with the Cesspool. Mr. Anderson stated they will clean it out disconnect pipes, drain, crush and fill per Title 5. Mr. Curry asked what the feasibility of municipal sewerage is on Damon Road. Mr. Anderson stated Damon Road is a dead end road and is not 100% sure. Sandra Knipe made a motion to approve the two local upgrade approvals. The first one is to allow the Presby System, the second one is to reduce the offset from four feet to two and one- half feet. Motion was seconded by Dr. Bogdasarian. All in favor. Motion carries. Sandra Knipe proposed to make a condition that if there are any other tanks that are serving as a septic system to please document it and dispose of them properly, Dr. Bogdasarian seconded, and all were in favor. Hearing Request – 281 Lunenburg St – George C. Maroun, Jr. Esq. & Nick Maroun Mr. Curry stated Mr. Maroun is the owner of 281 Lunenburg St. Mr. Maroun stated he bought the property in 2011 and resides in New Hampshire. Mr. Maroun stated while on vacation he received notice of a search warrant executed on the property by the City of Fitchburg on February 28, 2017. It was an administrative search warrant based upon danger of human habitation. The property located at 281 Lunenburg St is a commercial property only and at no time was Nick Maroun residing at this property, he resides in Salem, New Hampshire. Mr. Maroun returned from vacation and reviewed the paperwork. The Board of Health issued a condemnation order on February 28, 2017, alleging the safety to the residential dwelling and the people who reside within the dwelling. Mr. Maroun stated this is a commercial building and there is no one residing there and at no time was he ever informed by either letter or a phone call that they would like to get into his building, had he been informed he gladly would have made arrangements for that to happen. Mr. Maroun is here to contest the Condemnation order and order to vacate the building. Mr. Curry asked on the day of the search warrant on February 28, 2017 was there anyone in the building at the time the search warrant was being executed? Mr. Maroun said his brother Nicholas Maroun and his girlfriend were there in the office upstairs in the building. Dr. Bogdasarian asked what the current use of the building is. Mr. Maroun answered currently there is no business being done and no one living there. Mr. Curry stated on February 28 when the building commissioner executed the search warrant there was no answer to the knock on the door so the police department cut the padlock on the door and entered to secure the building. When they entered the building they found two occupants and a dog up in the living area and visibly residing in that area. Mr. Curry stated as health inspectors, we do not have the ability to determine whether it’s a legal or not legal through the city records that is determined by the Building Commissioner. When the health inspectors visibly see what appears to be a living area with a kitchen, sleeping area, bathroom and the normal contents of everyday living of occupants they treat it as a living area and at the time they entered the building that was apparent. The living area does not meet the Minimum Standards of Fitness for Human Habitation which is why there were violations issued. Mr. Curry felt as the Director of the Board of Health he needed to get the individuals out of there within seven days because it wasn’t safe to live there. Under M.G.L. c.111 section 30 the Director of the BOH does have BOH power when it becomes an emergency. Mr. Curry enacted that power as representing the Board. The Board is now faced with Mr. Maroun contesting the condemnation which Mr. Curry stated that the Board does have the ability to modify, withdraw or rescind Condemnation of the property. Mr. Maroun is also contesting the upcoming placarding of the building stated in the Condemnation letter as he intends to sell the building. The Board has not placarded the building yet. Mr. Maroun stated his petition for the hearing was solely based upon the fact that he wanted this Order of Condemnation be vacated. There is no one living there and the trash that was cited by the health inspectors, has been cleaned up. Mr. Curry stated the trash Attorney Maroun is referring to, included buckets of oil because the building appears to being used as automobile repair. These buckets contain oil and are open to the weather and fill with rain water. If these buckets were not addressed properly, there is a concern for the potential of contamination. Mr. Maroun stated the buckets of oil have been cleaned up. Mr. Leblanc stated the Health Department was not responsible for this search warrant and was reacting to a call from the Building Department stating they were going to this building to see if there are individuals living there and would like the Health Department to be there as well. The Health department did not do the search warrant and that is why Mr. Maroun did not receive anything from the Health department prior to that date, however the day of the search Mr. Maroun did receive a letter that day with the violations that were found. Mr. Maroun would like the Condemnation order vacated. Mr. Murray asked who determines if this property is a residential property. Mr. Curry said the Building Commissioner determines building use, but the Health Inspectors felt since it was being used as residential, they should do their due diligence to make sure the individuals living there aren’t in a dangerous situation. Sandra Knipe made a motion to keep the Condemnation Order until everything is removed and the makeshift living unit is no longer there and is converted into an office within seven days. Mrs. Knipe also motioned to sustain the condemnation order and will not order the property placarded. The violations cited per the inspection including the exterior is also ordered completed. Motion was seconded by Ian Murray, all in favor, motion carries. March Meeting Minutes Review & Approval: Sandra Knipe made a motion to accept the March meeting minutes. Motion was seconded by Ian Murray. All were in favor. Motion carries. Fee Schedule Discussion: Mr. Curry updated Dr. Bogdasarian on the food portion of the fee schedule. Food service permit fees over the past years were based on how many cash registers and/or how may seats in a restaurant. Stephanie Holinko the Food Inspector has been revising this schedule to make these facilities fair to the permit holders using a classification system to rate each establishment. This revised fee schedule is being proposed to accurately reflect the amount of service time the health department dedicates to the administrative duties, permitting & inspection of each food service establishment. Ms. Holinko also put in place a plan review fee that would consist of; a renovation of an existing permitted establishment; change of ownership of an existing establishment; HACCP plan review of an existing permitted establishment; annual permit renewal late fee and incomplete application fee. The classification system would be as follows; Risk Level 1: $50/Annual fee & $25.00 Plan Review Fee Risk Level 2: $100/Annual fee & $50.00 Plan Review Fee Risk Level 3: $200/Annual fee & $100.00 Plan Review Fee Risk Level 4: $250/Annual fee & $150.00 Plan Review Fee Mr. Curry stated this new system will help new incoming businesses to make sure construction is headed in the right direction instead of unnecessary expenses later on. Mr. Murray stated there are several changes being made at one time and feels we should move to this system eventually and educate the business owners on this process. Sandra Knipe made a motion to approve the new fee schedule, plan review schedule and late fees effective in 2018, except new businesses pending city council approval. Motion seconded by Dr. Bogdasarian. All in favor, motion carries. Tobacco Cessation & Prevention Report: Mr. Curry stated for the record the FDA did a tobacco compliance check on several Fitchburg retail stores and did issue warnings for sales to a minor to several stores. The facilities were Twin City Market, 59 Whalon St, Expressway Market, 449 Mechanic St, JV’s Discount Store, 405 Main St, Unified Petroleum, and 938 Main St. These businesses have been sent a warning letter from the FDS for the violations. Food Truck Ordinance: Mr. Curry stated the City Council met in March regarding a newly proposed Mobile Food Truck Ordinance. The current proposal, drafted by the Office of the City Solicitor, proposes a change of the current zoning ordinance which takes the Zoning Enforcement Officer/Building Commissioner out of the approval procedure. Under the proposed ordinance, the BOH would approve the food operation as well as the location or siting of the mobile food operation. Mr. Curry stated the Council is looking at the BOH for input regarding this proposed Mobile Food operation Ordinance. Ms. Holinko has put together an ordinance proposal in response to the proposed ordinance. This proposed ordinance by Ms. Holinko will take the BOH out of the zoning aspect of the original proposed ordinance by the Office of the City Solicitor. Ms. Holinko asked the BOH for support of her drafted proposed ordinance that will be presented at the City Council meeting on April 18, 2017. Sandra Knipe made a motion to recommend Ms. Holinko’s proposal to City Council. Motion was seconded by Ian Murray, all were in favor. Motion carries. Next meeting is scheduled for May 4, 2017. Sandra Knipe made a motion to adjourn. Motion was seconded by Ian Murray. Meeting adjourned at 7:40 pm.