04/15/2021 BOARD OF HEALTH Minutes

Home Browse Search

Motion seconded by Kripani Patel. Roll call vote: Ernest Virgilio (yes); Kripani Patel (yes); Brian Baumgaertel (yes). VOTE: Unanimous(3-0). 6. Review of request for Food Code variance—17 Steeple Street. Mr. Harrington commented that the owner of Siena Restaurant has requested a variance from the Food Code to allow a newly proposed exterior container bar to operate with no running hot water. This is more specifically related to the hand sink and the minimum required 100 degree hot water temperature. An option was presented by Board of Health staff that the water tank could have an electric heater to warm the water to the minimum temperature in the similar fashion that the mobile food trucks have. It would only supply five gallons of water at a time, but it would meet the Code. Mr. Harrington also advised the Board that there is no 3-bay sink proposed for the container bar, because all of the glassware and dishware would go back to the commercial washer in the main restaurant. Graham Silliman, owner and applicant, introduced himself for the record. He argued various points relative to the logistics challenges and costs of bringing a hot-water hand-wash sink to the proposed container bar. He further argued that, in other places around the world, where sanitation standards are lower due to lack of clean/hot water supply, etc., establishments still operate hygienically and safely with no adverse consequences. He reviewed the specifications of the various self-contained cold-water hand-wash units he was considering for use in the container bar, but had not yet settled on an exact unit. Mr. Harrington stated that the Board has never received a request like this before,therefore, has never granted this type of variance. Because this is not a temporary food set-up, and the hand sink is proposed to be used for more than 14 days in a season, it must meet the 100 degree hot water temperature requirement. Mr. Silliman stated that he intends to supplement with hand sanitizer. Chair Baumgaertel responded that there is no substitute for hot water and proposed that, once every couple of hours, the bartenders could be given an opportunity to use a hot-water hand sink inside the restaurant. Mr. Silliman stated that he saw this as a simple, rugged option that can operate day- in/out, and one that will be used appropriately by employees. With respect to water heaters, he expressed concerns about water pressure, since the establishment is not hooked up to Town water. After a great deal of deliberation, Board members were in agreement that a hot water hand sink is an essential component any food service establishment, and that alternative methods of complying with that requirement of the Food Code needed to be explored by the applicant. There being no further comments or discussion, Ernest Virgilio moved to continue the matter of the request for a variance from the Food Code until the applicant has explored and is prepared to discuss other options. Motion seconded by Kripani Patel. Roll call vote: Ernest Virgilio (yes); Kripani Patel (yes); Brian Baumgaertel (yes). VOTE: Unanimous(3-0). 7. Review of request for Title V variance—36 Summersea Road. Mr. Harrington commented that a septic inspection was performed at this property by Scott Campbell on March 2, 2021. The septic tank and distribution box were identified as being H-10 loading under the driveway and, therefore,subject to vehicle loading. The inspection report result was a"Conditional Pass." If the tank and d-box are replaced, the property will pass Title V and be in compliance with the BOH Septic Inspection Regulation; however, the current owner is not able to make repairs and the 6