Good afternoon and welcome to the May 18th, 2026 meeting of the Chattam Board of Health forant to Governor Healey's March 29th, 2023 signing of the acts of 20 2023 extending certain COVID 19 measures
adopting adopted during the state of emergency suspending certain provisions of the open meeting law GL chapter 3A section 20 until June 30th 2027. This meeting of the Chattam Board of Health is being conducted in person and via
remote participation. Please note this meeting is being recorded and will be available shortly hereafter for scheduled and on demand viewing on any smartphone or tablet device. If anyone else is recording this meeting, including the use of AI
note-taking apps, please notify the chairperson. Every effort will be made to ensure that the public can adequately access the proceedings as provided for in the order. A reminder that persons who would like to listen to this meeting
while in progress may do so by calling the phone number 1508-9454410. conference ID 748227776 pound or join the meeting online via the Microsoft Teams link provided in the
posted agenda. While this is a live broadcast and simal cast on Chattam TV Xfinity channel 1072, despite our best efforts, we may not be able to provide real-time access. We will post a record of this meeting on the town's website as
soon as possible. Now, I will turn the meeting over to our chairperson, Carol Boyce. >> It is the policy of this board to conduct its meetings under the open meeting law so as to encourage public
participation whenever time permits and as part of the agenda item discussions. Um, so we'll take attendance and see if we have a quorum. Uh, Ron
>> present. >> Joanna >> present. >> Carol >> present. >> And I'm present. So we do have a quorum. We have three items on our agenda today. Um the first item is a request to
withdraw continue the variance hearing for Jason Hall and Jill Zelikus 80 Bay View Road Ryder and Will Cox Inc. And
rather than continue to just keep requesting um continuations, they just want to withdraw. So, we'll have to take a vote on whether to accept the withdrawal. Um, so
>> I'll make a motion that we accept the withdrawal. >> Second. >> All right. And >> I'm in favor of it. >> Joanna >> in favor. In favor. >> All right. So, we will accept the withdrawal
um without prejudice. And the second agenda item is a request for waiver to extend and upgrade the septic system for Hawthorne Motel,
Matthew Swinson, 196 Shore Road. Is there anyone here? >> Oh. stands. Your choice, Matt. >> Yes, sure. >> Introduce yourself. >> I'm Matt Swenson. So, I'm representing
>> Oh, the micro. You want to push the button? I'm doing >> That's okay. You're good. >> How's that? Good. >> Okay. So, I'm the GM for uh the Hawthorne Motel. So, we have a sale, a possible sale pending uh sometime passing papers theoretically
this summer if things go to plan. >> And what we're looking for is a variance because I guess it's is it 60 days after the um passing of paper, you have to have the septic in new septic in. And then, but that would be the middle of the season. So, if the new owners could
continue and put it in in the fall, like after closing, which we closed the 25th of October, >> would that be in the purchase and sale that they are responsible for that? >> Yes. Well, we're hammering that part out. But yes, it would be >> okay.
>> But they just want an insurance that they can because if um let's say it passed, say we s signed papers today, like the 60 days would take us to like what mid August and they didn't want to start breaking ground on that because with the guests, etc., Right. So that's
>> okay. Um any questions? >> So that would be in writing then you would have that in writing with your purchase and sale like Carol suggested >> that it would be in the purchase and sale. >> Yes. That well that we would have something in writing that they would start in October, >> right? Yes. >> Okay. >> Yeah. We'll start Yeah. end of the
beginning of November. >> End of November. Right. >> Okay. >> And we have the plans have all been done >> and all that. So they should be able to line up with a contractor and break break ground. And even if they did begin in October or November, they still
wouldn't it's not on it's offse offline all winter. So it really would be a you know if they didn't get it done until Christmas didn't wouldn't matter because it's not operational. That makes sense, >> right? >> I hope. And and if the sale should fall through,
there still is going to be an upgrade to the septic system in October, November. >> No, because I No, there will be whenever the sale goes through, but up to that point, I guess our system is fine for us. It only has to be upgraded if we uh sail
sell it. Sale it. Perfect. >> So, if it doesn't sell, they don't have to up do the upgrade. Correct. >> It's the transfer of property that's triggering the requirement for an inspection and it's that inspection
that's triggering the failure for the system. >> I So, so it's a failed system regardless, right? So, why wouldn't it need to be upgraded? >> Um, >> regardless of the sale, >> right? Um,
I'm not sure on the details of that. I I know that what's triggered this is the um right >> title five septic inspection which then revealed that the existing soil absorption system is within 2 ft of groundwater and that was the failure
criteria for the system and um there's been the new design that complies with title five. It increases the separation to groundwater into a compliant setting and um it's compliant with the local regulations as
well. That proposed system is >> So if the sale doesn't go through, you'll continue operating the Hawthorne Hotel. >> Yes. >> Okay. So then >> we should probably upgrade the system. >> It Yeah, it would seem like you would need to upgrade the system one way or
another. I mean it it's it's not in compliance, >> right? >> Yeah. Yeah. The inspection was submitted. Yes. So the title five inspection was submitted. So it's on record that it's >> that it failed. >> That it's failed. Yes. >> So why wouldn't they have to upgrade it?
>> Um I could look into it and it's >> because it wasn't actually an official like there wasn't an official inspection. It was just a voluntary thing that we did. but it has been submitted and then there's a letter that states that
>> it's failed and that you had 90 days to comply with the um upgrade. So then uh you moved forward and got the design plan. So that's been submitted, reviewed and approved, but it is uh documented failure for the septic
system. >> Yeah. But I well when I brought that to the I was told that it didn't matter because they said they would look at it as like it was a voluntary thing because no one would have if we hadn't checked it nobody really would have ever known.
So, no. >> So, and that was that because I asked them about that last year when I when I when it did when it did come back and I gave that report. I said, "Do we have to bring it up to I asked um >> the guy who moved on, not as >> Dr. Jinson?"
>> No. um >> Lucas and he said because it wasn't required then it really was kind of a moot point but we they knew >> but it didn't but it didn't trigger us having to do anything until the sale >> is what he told me and I was like okay
because that that's why we didn't move forward with doing anything last winter >> and he said it would so he said it was just kind of a like because we did it of our own accord and it wasn't that it was on record that we did it but it wasn't triggering anything because there was no
sale because he said there was no actual um I don't know thing that that it actually triggered that there was any enforcement issue. That's the understanding because that's why we didn't move forward anywhere else. I mean,
>> well, should we continue this? >> I'd like to >> Well, you you could get some >> you could replace it background and then include that in the sale or get your money back through the sale if it does if the sale doesn't go through. >> It just seems to >> you could replace it in October and then
recoup your monies when you do the sale when you get a sale. Yeah, >> I can also read Judy's memo. The board would like >> to to go ahead and replace it and then recoup the funds when they sell. They would replace it and and put that the
purchase price or something. >> Well, yeah, but her record >> did fail. A quick question going be beyond that. When you're saying commencing after October 2026, I know does the other issue comes prior
to that, but um does does the facility close down on October 2026 so the work can be done? >> Yes. Yeah, we're seasonal. So, we close. >> So, they can go until December and not do any work. >> Well, there's nobody there. Yeah. So it's depending on who because I can't
really as long as they have to what we're cons what they're concerned about it would be as long as they can continue operation for the 2026 summer season >> right >> and up to that point that you know so so they it's they have to get it fixed before they open for the 20 27 summer
season >> or they would have to deal with >> okay >> you guys I think that's that's perfectly under I I don't think the board would have an issue with that you know we we wouldn't Nobody would want to disrupt your business right in the middle of the season. That's understandable.
>> But it doesn't matter whom whomever it is who is still operating the hot thorn in after October, >> right? >> Would have >> whoever is upgrade the >> should have to replace >> replace it. >> Upgrade it. >> Yep. and and that's basically the
recommendation from Judy is um to allow the request but that it be upgraded after the 2026 season but prior
to the opening of the 2027 season. >> Right. >> Right. >> It doesn't say anything about who owns it or >> Okay. >> Right. >> Right. That's That was not the understanding I had from Lucas. Correct. >> But if that's the way it is, that that's
the way it is. >> I'm sorry you got that information. >> What? >> I said I'm sorry you got that information. Yeah. >> Who is Lucas? >> Okay. >> Who's L who is Lucas? >> Prior health inspector. >> Ah. Okay.
>> So, do are there any other questions or >> any questions from the audience or So I think so our our recommendation our vote is that we allow the system to proceed for the remainder of the season.
>> Right. >> That but prior to reopening in 2027 the upgrade needs to be made. >> Correct. >> By whomever by whomever. >> That motion. >> So is that >> I'll make that as a motion.
>> Okay. and a second. >> I'll I'll second that motion. >> All right. So, let's take a vote on that we allow the system to be upgraded after the motel closes for the 2026 season,
but the construction is completed prior to the opening of the 2027 season. Right. >> Correct. >> Okay. >> I a I'm in agreement with that. >> All right. >> I'll second it. Oh,
>> okay. I went too fast. Sorry. All right. I I agree with that. You agree, Joanna? I >> agree. I agree. >> All right. And I agree. So, >> okay. >> For this season, you're fine. >> Thank you very much. >> Okay. >> Thank you. Good luck.
And the next agenda item is a request for special processing variance from a food code requirement for the Chattam Peter Fish Market 45 Bcliff A. So what they're asking for is
a variance from from the food code. >> Um, >> hi, I'm Steve Jen, the owner of Chadam Pier Fish Market. Um I am a little confused on the variance. So to give you a little history on sushi rice and
making you've had sushi before typically we add rice vinegar to the rice one for flavor. Um it makes it a little shinier. They add a little sugar but it also is like a safety mechanism. It also it balances the pH in the rice and slows
the bacteria growth. So, the process for us, if we're going to sell the sushi, uh you're very uh familiar with Blue Fins downtown, you're going to go, he's going to make it, he's going to uh sell it to you right there at the table. We actually are going to package the
product, process it in our house, package it, and put it up front for retail sale. So, uh adding the sushi, the vinegar to the rice helps stabilize it. Right. Um so it still everything will be under refrigeration to clarify
for everybody. Uh always and then at the end of the day um by food code we have to dispose of the product. This cannot be sold the next day and that's if it's fully made we can't let it go. It's like a 24-hour thing. Um so um I know so we
have a hass plan. We submitted a hassle plan which is a hazard analysis control point which chatt operates. Um, I think the board of health can back us up, but most restaurants in town don't have a HASSU plan. We're actually a fully
Hassup facility that is inspected quarterly by the state. So, because we bring in the live lobsters out back and we wholesale as well. So, the building acts as two functions, retail and wholesale as well. So, >> okay.
>> I wasn't sure that there it was a variance in the food safety, but >> it in the food code it lists it as a variance. I don't know that it it's a variance in the like traditional >> okay >> like septic sense in that it is an exception to the code but it's how they
allow for approval of special processes. Okay. >> Under the food code. And to give you some metrics, too, um it's usually like a cup of rice to three tablespoons of vinegar. >> Yeah. >> All right. And about a I think it's probably a tablespoon of sugar as well.
So excellent two function. It it it makes the rice a little bit more acidic um to stabilize it and just to get a little bit more because if it sat in the in the container for more than a few hours, you know, bacteria naturally grows. We can't stop that. So all that
rice, the vinegar does is just slow it down. Mhm. >> But which the board of health will confirm at a certain point we close the business at the end of the day. If anything was already made in retail packaging has to be thrown away >> and we start the process all over again the next day and make fresh rice and
then they just incorporate some vinegar and sugar into the rice every day. >> I I thought that the document you submitted was very nice, very clear. >> Okay. >> All of that very very well explained. >> Okay. Uh I've always wondered what the
difference between Nuri and Maki was. So I I really appreciate that clarification. Uh it it seems very to me this seems very straightforward. >> Okay. >> Uh and so I I know that there are other businesses in Chattam uh uh Blue Fin and
the Cadam Village Market that also serve sushi. I assume they're using a similar type of a process or >> Yes. everyone. Blue Fins doesn't necessarily have to have to do it because he's he's really constantly cooking the rice.
>> Okay. >> And if you go like a omasi, I think everyone's been to omasi. Some they do it for the flavor, too, but they not as much. They might want to have just the warm rice, >> you know? So, some sushi uh restaurants want that warm rice with the cold fish.
So, Blueins might have a warm piece of rice with cold fish. No, unfortunately ours will be cold cold, you know. >> Okay. >> So, that's why we put the vinegar in there. As the rice cools down, it's it was made a you know, uh traditional sushi place might make the rice every
hour, you know. So, we're making our rice at one point of the day and then from there, we're stretching the timeline of uh expiration. >> Okay. So just >> is there anybody uh in your facility who has experience with this or is this
something >> I do and I think you know we have a few people that are Yes. >> Okay. So it's not it's not something that you're taking the directions and doing it for the first time now there's customers. >> Yes. No not my first rodeo. So my background is uh I'm a graduate of the
Culinary Institute of America. Uh my whole life I was spent as a chef uh and then turned into fishmonger. So >> Okay. So, take the culinary skills to the fish market. So, >> I have a quick question. >> Yes, >> Carol. I have a question. You say the
expiration date is a 24hour >> pretty much. Yes, >> pretty much. So, I'm just When do they start making it? >> Process uh probably happened like 9:00, 10 o'clock in the morning >> and and and then it would be
>> uh to time of closing. Yeah. It would be closed at 7 o'clock. >> And it would be kept cold. >> It would be kept cold. Yes. Yeah. Okay, >> thank you. >> Any other questions? >> No. >> Good. >> So, are there any recommendation?
Anything that >> just you just have to move to approve the variance to allow them? >> That's it. >> That's okay. >> Yeah, there's a recommendation. >> All right. So, does someone want to make a motion to approve this variance? Uh,
I'll be happy to make a motion to approve the variance as it currently exists. >> Second. >> Seconded. >> All right. So, we're taking a vote to approve the variance to use the acidification as a method of food preservation for the
sushi rice. >> And Ron, >> uh, I approve and I look forward to trying it. >> I approve. >> Well, thank you. >> And I approve. >> And I approve. Thank you. >> I won't be talking.
>> Is it the fish or the rice? >> Both. >> No, no, no. >> It's fine. >> All right. Well, thank you for your time. Appreciate it. >> Thank you. Good luck. >> Good luck. >> All right.
>> Minutes. So, that's it for our agenda items. >> Um, do we have any public comments or future agenda item requests? >> All right. Not seeing any. So, reading
of the minutes. Um, >> we have minutes from >> May 4th. the May 4th meeting. >> Somebody's on the line. >> Ag.
>> Okay. >> All right. Um, any changes to the minutes or >> No. >> No. Okay. So, let's Someone want to make a motion? >> I'll make a motion that we accept the minutes as they are currently written. >> All right. And a second.
>> Second. All right. And let's take a vote. >> I approve. >> I approve. >> And I approve. >> And I approve. So the minutes are accepted. And then is that's it. Right. All right. We can
adjourn the meeting. >> Motion to adjurnn. >> Motion to adjurnn. >> I second. >> I approve. I approve. I approve. >> I approve. So the meeting is adjourned.