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this has been gong on for so long, the parties involved who are guaranteeing that the
<br /> new system will work, need to agree to liability for abutting employees if some damaging
<br /> exposure to second hand smoke is experienced.
<br /> John Benz, representing Mashpee Commons management, introduced himself to the
<br /> Board. Mr. len stated that other business establishments in I Ia hpee Commons mon also
<br /> have similar situations with offensive odors emanating from their establishments.. He
<br /> cited a Doctor's office located directly above a Pizza parlor, which experienced offensive
<br /> odors corning from the Pizza restaurant below. Mr. rnz raised the question as to who
<br /> is responsible for resolving the problem: the Doctor, who could relocate, or the Pizza
<br /> restaurant owner. John Renz stated that in the case of The Tinder Bo , he felt the
<br /> location of the exhaust system is the key issue to be resolved. John Benz also stated
<br /> that the question is whether it should be considered a health issue, or just an offensive
<br /> odor.
<br /> Glen Ha nington and the BOH are concerned about.damage from exposure to the
<br /> second hand smoke that may already have been done to abutting employees. Glen
<br /> Harrington stated that he needs ,more bine to work out the wording on liability issues, on
<br /> ,monitoring procedures, and on establishing a BOH regulation. The Board agreed to
<br /> continue discussion on the issue at the next BOH meeting.
<br /> 2. VCMAR Realty Trust—Industrial Tight Tank violation r--401 Nathan Ellis Hwy
<br /> Glen Harrington stated that a letter had been received from Anthony Ross, attorney for
<br /> 401 Nathan Ellis Highway, In response to a BOH compliance letter dated 5112108
<br /> regarding the discharge into the on- lte commercial septic system from one of the
<br /> tenants of 401 Nathan Ellis Hwy, sheer Express Beauty Salon. Mr. Foss requested in
<br /> his letter that the BOH grant a reasonable extension of time for compliance, to
<br /> September 30, 2009.
<br /> Lucy Burton made a motion to continue the discussion until Glen Harrington has an
<br /> opportunity to speak to Torn counsel to determine whether Anthony Ross has been in
<br /> touch with Town Counsel. Burton Marplan seconded the motion. All approved.
<br /> DISCUSSION
<br /> 1. .0 RAFT Bodyworks Regulation
<br /> The following changes to the daft were ,made:
<br /> - Page 2, under LICENSE REQUIREMENTS AICD FEE, D., lines 8 and 4, Criminal
<br /> Offender-Reg istry-i nformation-and-sex-Offender-Registry.Information.should-a ll
<br /> be capitalized.
<br /> - Page 3, under REQUIREMENTS FOR LICENSING of AN ESTABLISHMENT:,
<br /> .G., line 2, delete the words Chief or Deputy Chief of the
<br /> w page. , under L,, line 4, change the word Chief to Department
<br /> - Page 4, under 5. EXCLUSIONS, c. ESTABLISHMENT EXCEPTIONS, line 3,
<br /> change the word giver,to performed
<br /> - Page 4, under 5. EXCLUSIONS, , TREATMENT T of WOUNDS PROHIBITED,
<br /> LIVE 2, change the word infections to infection
<br /> - Page b: under 8. TREATMENT ENT F PERSONS WITH SKIN DISEASE
<br /> PRO H I B ITE D, A., line 1, insert the word licensed before the word individual
<br /> Page 5, under 8. TREATMENT T of PERSONS WITH SKIN DISEASE
<br /> PROHIBITED, B., line 2, change the word furnished to the words has obtained
<br />
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