10/25/2006 BOARD OF HEALTH Minutes

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F - Matthew Eddy, with Baxter Nye Engineering &Surveying, introduced himself to the Board, Mr. eddy stated that he was requested by the owner, Deer Crossing Realty Trust, to revise the plan for the septic system on Building A, Mr. Eddy.stated that he was informed that Michelle's Kitchen was going to be vacating the space as of 12/01 to be replaced with retail or office space and would no longer be a re tarurant use. The proposed change of use from restaurant to retaiUoffice space reduces the overall building design flow from 6,000 GPD to 3,200 GPD. The sepfic system revisions are a follows- 1 the septic,tan k is one tank of 100 o gal., reduced from two tanks totaling 13,000 2) one FAST 9.0 de-nitrification system i now required, reduced from' two FAST 9.0 systems 3 the pump chamber is now 6,o o gallons, reduced fpm g,o o gallons two Bio- icrobics L IXO R 1.0 aerator pumps have been added to the septic tank The revised design flow plans result in a.reduction of components required for the ` - will re p q septic system which cult in significant reduction in costs. Matt Eddy stated that he was advised not to begin word .on 1n taIling the revised systern until the BOH.had approved the newp lans.- Glen Harrington-commented that the plans technically looked fine. He questioned what threshold the BOH wanted to use to make sure that the property is vacant. Jane Hamblin, owner of Michelle's Kitchen, introduced herself to the Board. lis. Hamblin stated that for the record, she is not leaving Building A. Lucy Burton confirmed with Ms. Hamblin that her food establishment is still operational, and that she has a valid 2006 Food Establishment permit Pat Brady stated that the issue between .bane Hamblin and Deer crossing Realty Trust is a landlord- tenant issue. Jane Hamblin is a tenant-at-will. Mr. Hahar, neer Crossing Trustee, stated that he had treated Ms. Hamblin well. Her rent was$1200 per month; her share of the cost to install the new septic system was$110,000, and Mr. Hajar had offered to subsidize some of her host b putting y P g up$45 _ ,000 of his own money. As a.tenant-at-will, leis. Hamblin could decide to leave at any time. Mr. Ha ar did not want to take the chance to invest the entire 110,000 to cover the restaurant's share of the costs, since lis. Hamblin could vacate the building at will at any time, and the higher capacity septic system would no longer be required. p Glen Harrington stated that it wound be difficult for the BOH to issue a new permit on the revised septic p system plan for Building A without 100% assurance that Michele's Kitchen would be vacating the building as of Nov. 30 , 200 6. Mr. Br dy stated that Jane Hamblin has been given a roti a to quit as of 11/30/06. For a tenant-at-will, a notice to quit is an official termination of tenancy. Glen Ham*ngton stated that the BOH could issue a 2007 permit toMichele's Kitchen. However, an address must be attached to the permit. If Michele's Kitchen is fond through legal chanhels to vacate the property, the 2007 permit would then become null and void. Lucy Burton made a motion to approve the revised 10/16106 Deer Crossing BuRdingplan to 3,200 gallons daily flow with the stipulation that the grease trap remains operational until the restaurant in Deer Crossing Unit 1 7 is vacated, at which time the grease trap will he pumped and filled, pending con u Rthe motion. Air aton by the health Agent with Tom Counsel.- Steven Ball seconded approved. Stever, Ball made a motion to rescind the previously approved ,notion which stated that the BOH continue the appeal by Deer crossings Condominiums of$13,000 in fines levied by the BOH: to the 12113/06-BOH meeting. Lucy Burton seconded the motion. All approved. Steven Bail made a motion to-waive the. 1 000 per day fines levied-on Deer Crossing from 10/01106 to 10113/06. Lucy Burton seconded the motion. All approved. 2