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MINUTES June 9 , 1994 5 BOARD OF HEALTH <br /> Mr. McQuaid stated, "I would recommend the Board forward <br /> a letter to the County questioning their letter to Mr. <br /> Moshonisio as it was not forwarded by the County Director. " <br /> "I would also recommend the Board deny therequest for recon- <br /> sideration. " <br /> Mr. Moshonisio stated, "I would like my abutters irriga- <br /> tion wells tested. " <br /> Mr. McQuaid requested Mr. Moshonisio submit the request <br /> in writing. <br /> Mr. Moshonisio agreed. <br /> Mr. Ball requested Mr. Moshonisio submit a letter in 14 <br /> days from Mr. Stetson Hall , County Director, which states his <br /> well could be utilized for irrigation purposes. <br /> UNSCHEDULED APPOINTMENT: Mr. Ron Smolowitz - Sale of home <br /> grown produce at Dick & Ellie's Flea Market <br /> Mr. Smolowitz was in attendance for discussion. <br /> Mr. Smolowitz stated, "I have a farm in Falmouth from <br /> which I produce small fruits and vegetables. " "I sell mostly <br /> to restaurants and farmer's market's in Falmouth and Woods <br /> Hole. " "For the past couple of years I have been selling in <br /> May and June at Dick and Ellie's Flea Market mostly plants <br /> which I sell in May and then my berries start coming in in <br /> June. " "Today is my first day that we have been picking and <br /> selling them. " "Last year I sold the berries at Dick & <br /> Ellie's Flea Market totally unlicensed however, the new owner <br /> informed me I must now receive Board of Health approval for <br /> the sale of strawberries at the Flea Market. " <br /> Mr. Ball questioned Mr. Smolowitz as to the distance <br /> from his stand to the sanitary facilities. <br /> Mr. Smolowitz responded, 1150' from the port-o-potties. " <br /> Mr. McQuaid stated, "Mr. Smolowitz informed me he did <br /> not require a license because he is a farmer." "Mr. <br /> Smolowitz contacted Pam Comstock from the Farm Bureau who in- <br /> formed me the Board of Health does not have the authority to <br /> control where farmer's sell their produce. " "I informed Ms. <br /> Comstock that it has been the policy of the Board of Health <br /> to not require a license for a farmer to set up a roadside <br /> produce stand on his own property. " "Ms. Comstock informed <br /> me we do not have that authority anyway. " "She then faxed me <br /> six pages of laws which state the Board of Health does not <br /> have the authority to restrict the sale of home grown produce <br /> by requiring a permit, as long as, it does not violate the <br />