By the Division of Professional Licensure


FEBRUARY 23, 2011 BOARD AGENDA

9:00 A.M. AGENDA REVIEW: By Chairman Paul Kennedy

9:05 A.M.: APPROVAL OF PREVIOUS MEETING MINUTES:

  • The January 26, 2011 Board Meeting Minutes

VARIANCE REQUESTS:

VR1) PARADISE CITY TAVERN - 1 BRIDGE STREET - NORTHAMPTON

The Petitioner (William Collins, Chief Operating Officer) requests a variance from 248 CMR, Section 10.10(18) Table 1 to not require installing additional restroom fixtures to address the increase occupancy load. The Northampton Board of Health is not in favor of this variance request.

VR2) MA COLLEGE OF LIBERAL ARTS - 375 CHURCH STREET - NORTH ADAMS

The Petitioner (Jeffrey Daignault, from Adams Plumbing & Heating) requests a variance from 248 CMR, Section 10.12(f) to allow pool backwash to discharge to the sanitary system in lieu of the storm system. As this is a state project, on Board of Health letter is not required

VR3) ADVANCED EYE CARE - 1741 PRESIDENTIAL AVENUE - FALL RIVER

The Petitioner (Jeff, Shaker, Owner) requests a variance from 248 CMR Section 10.10 (18) k and Table 1 to not install the additional rest rooms as required. The Fall River Board of Health defers to the Plumbing Board regarding this applicant's request.

VR4) EAST BOSTON NEIGHBORHOOD HEALTH CENTER - 20 MAVERICK SQUARE The Petitioner (Kenneth Hong, Project Manager) requests a variance from 248 CMR Section 10.10 Table 1 not to install drinking fountains and showers for each set of rest rooms. The City of Boston Inspectional Services Department is aware of this request.

VR5) BRIEN ADMINISTRATION BUILDING - 359 FENN STREET - PITTSFIELD

The Petitioner (James Benlien, Project Manager) requests a variance from 248 CMR, Section 10.10 Table 1 to install bottled water dispensers in lieu of the required drinking fountains. The Pittsfield Board of Health Supports this variance request.

VR6) CUMBERLAND FARMS - 1813 MAIN STREET - BROCKTON

Board voted on 3/31/10 to allow deliberation without requiring the applicant to appear.

The Petitioner (Kathleen Sousa, Land Planning Manager) requests a variance from 248 CMR, Section 10.10 (18) (i) 4 to allow the installation of one (1) unisex handicap accessible restroom in lieu of the required two non handicap accessible employee restrooms. The Brockton Board of Health has reconsidered and now approves of the petitioner's request.

VR7) CUMBERLAND FARMS - 323 MAIN STREET - HAVERHILL

Board voted on 3/31/10 to allow deliberation without requiring the applicant to appear.

The Petitioner (Kathleen Sousa, Land Planning Manager) requests a variance from 248 CMR, Section 10.10 (18) (i) 4 to allow the installation of one (1) unisex handicap accessible restroom in lieu of the required two non handicap accessible employee restrooms. The Haverhill Board of Health supports the petitioner's request.

VR8) TORUSA - 267 MAPLE STREET B UNIT H - MARLBOROUGH

The Petitioner (Javier Alatorre) requests a variance from 248 CMR, Section 3.04 to install a gas fired tortilla machine which is not currently approved. As this is a gas variance, a Board of Health letter is not required.

VR9) WALPOLE RESTAURANT - 944 MAIN STREET - WALPOLE

The Petitioner (Cheryl Sullivan, Owner) requests a variance from 248 CMR, Section 10.10 (18) not to install additional rest room fixtures as required by increasing the occupancy limit from 60 to 90 people. The Walpole Board of Health will support this request with for a maximum occupancy of 80 people.

VR10) STUFFED FOODS - 14 JEWEL DRIVE, UNIT 3 - WILMINGTON

The Petitioner (Dave Robinson) requests a variance from 248 CMR, Section 3.04 to install a used gas fired oven which is not currently approved. As this is a gas variance, a Board of Health letter is not required.

VR11) SUPER FITNESS - 36 ARLINGTON STREET - WATERTOWN

The Petitioner (James Clark) requests a variance from 248 CMR, Section 10.10 (18) not to install the required designated rest room facilities. The Watertown Board of Health does not object to this variance request.

VR12) CANAL LOFT APARTMENTS - 48 WATER STREET - WORCESTER

The Petitioner (Lawrence Curtis) requests a variance from 248 CMR, Section 10.15 (10) (a) 2 not to be required to connect to the existing main drain by gravity. The petitioner would like to install a sewer ejector to prevent back up of sewerage during heavy rain events. The Worcester Board of Health supports this variance request.

VR13) SOUTH MEADOW VILLAGE - 36-1 SOUTH MEADOW VILLAGE - CARVER

The Petitioner (Dee Dee Gaudette, Director) requests a variance from 248 CMR, Section 10.06 (2) not to be required to replace existing PVC drain piping with material approved for commercial use. This is a residential home being converted into a sales office for the Cooperative. The Carver Board of Health supports this variance request. The Carver Board of Health also issued a letter to support the installation of a portable water cooler.

VR14) MARTIN HOLZNER - 42 GREENWOOD STREET - LEXINGTON

The Petitioner (Martin Holzner, Owner) requests a variance from 248 CMR, Section 3.04 to install a bathtub which is not currently approved.

VR15) MASS MARITIME ACADEMY - 101 ACADEMY DRIVE - BUZZARDS BAY

The Petitioner (Kevin Sullivan from The Maguire Group) requests a variance from 248 CMR, Section 10.02 Principle 6 not to require the installation of designated rest rooms for the Steam Generator Building. As this is a state project, on Board of Health letter is not required.

PRODUCT DEMONSTRATIONS:

Robert Hutslar from R.W Lyall Company will demonstrate their polyethylene gas pipe distribution system for possible product acceptance by the Board.

DISCUSSION:

D-1) TOPIC - 248 CMR 3.00

Board discussion and possible vote on revisions to 248 CMR 3.00 presented to Board members for their suggestions at a previous meeting.

D-2) TOPIC - 248 CMR 3.04 (3)

Board discussion regarding the current Special permission process

D-3) TOPIC - 248 CMR 10.09

Board discussion regarding the current requirements for construction of sand/oil separators

CHARACTER REVIEW(S) / EXECUTIVE SESSION:

a) SDC b) c)

INVESTIGATIVE CONFERENCE

Discussion regarding issuance of Orders to Show Cause and negotiated settlements for Continuing Education non-compliance.

ADJOURNMENT: