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Min-2018 Sept 17 BOH

Board of Health · Source year folder: 2018 · Record 60624

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BOARD OF HEALTH 
TOWN OF CANTON 
CANTON, MASSACHUSETTS 
Minutes of the Canton Board of Health Meeting on September 17, 2018. 
PRESENT: Ms. Ruth Slattery, Chair 
Dr. Julie Goodman, Vice Chair 
Dr. Alan Rapoport, Clerk 
ALSO 
PRESENT: Mr. John L. Ciccotelli, Health Director 
Ms. Jane Pratt, Health Nurse 
ABSENT: Ms. Karen D. Murphy, Recording Secretary 
Ms. Slattery opened the meeting at 7:04 p.m. in the Salah Meeting Room, Memorial Hall, located at 
801 Washington Street, Canton, Massachusetts. 
PERMITS/LICENSES/APPROVALS 
Variance Request Septic -766 Turnpike Street: Mr. Ciccotelli requested that the discussion be tabled, 
due to a delay in filing the paperwork. Upon a motion from Dr. Goodman, seconded by Dr. Rapoport, 
the Board voted to table the discussion on the septic variance requests at 766 Turnpike Street. 
VOTED: 3-0. 
Proposed Tobacco Sales Permit —1036 Turnpike Street: 
Present were Mr. Robert Burr, Esq. and Mr. John DeVoe, property owner. Mr. DeVoe has 
owned the property at 1036 for nearly 30 years. The most recent tenant was evicted due to lack of 
payment, and Mr. DeVoe has decided to renovate the space and operate the store himself. During the 
period of the eviction, renovation, and making the space operational, Mr. DeVoe did not submit the 
paperwork to request the transition of the tobacco sale permit within the stipulated 60 -day window. He 
is requesting an exception to the regulation due to the extraordinary circumstances of the situation in 
light of the terms under which the previous business owner left, and there was no offer made to 
transfer the permit to Mr. DeVoe. 
The members of the Board all voiced their desire to not make any exceptions to the 60 -day 
regulation. They spent a year discussing the new regulations and held public forums for business 
owners to address their concerns on the issue. 
Mr. Burr noted that Mr. DeVoe is the property owner, and at the time of the regulation change, 
he was not the business owner, and he was not included in the communications sent to business owners 
on this issue. He requested that the Board allow him a continuance until the next meeting to further 
discuss this matter. 
Upon a motion from Dr. Goodman, seconded by Dr. Rapoport, the Board approved a 
continuance until the next meeting on October 1, 2018 regarding the transfer of the tobacco permit at 
RHD, LLC, dba Amy's Quick Pick at 1036 Turnpike Street. VOTED: 3 — 0. 
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-Food Service Permit —1036 Turnpike Street: Mr. Burr asked that the discussion on the food permit be 
postponed until the next meeting as it is tied to the issuance of the tobacco permit. He agreed with 
Mr. Ciccotelli's request to have the facility inspected during this time. Upon a motion from 
Dr. Goodman, seconded by Dr. Rapoport, the Board approved a continuance until the next meeting on 
October 1, 2018 regarding the food service permits at RHD, LLC, dba Amy's Quick Pick at 1036 Turnpike 
Street. VOTED: 3-0. 
-Automated Frozen Dessert Machine — Reis & Irvy's: Mr. Ciccotelli said that a temporary permit has 
been issued. Upon a motion from Dr. Goodman, seconded by Dr. Rapoport, the Board voted to approve 
a permit for an automated frozen dessert machine to Reis & Irvy's at Ice House Rink at 65 North Street. 
VOTED: 3 — 0. 
-Food Service Permit — Robert Reiser & Company, Inc.: Upon a motion from Dr. Goodman, seconded by 
Dr. Rapoport, the Board voted to approve permits for food service, retail food service, and bakery to 
Robert Reiser & Company, Inc., at 725 Dedham Street. VOTED: 3 — 0. 
-Food Service Permit — Edible Arrangements: Upon a motion from Dr. Goodman, seconded by Dr. 
Rapoport, the Board voted to approve permits for food service, retail food service, and frozen 
dessert/yogurt machine to Edible Arrangements at 95 Washington Street due to a change of owner. 
VOTED: 3 — 0. 
-Disposal Works Installer—James Wagner Excavation: Upon a motion from Dr. Goodman, seconded by 
Dr. Rapoport, the Board voted to approve a disposal works installer permit to James Wagner Excavation 
of Stoughton. VOTED: 3-0. 
-Disposal Works Installer—T F Smith Construction: Upon a motion from Dr. Goodman, seconded by 
Dr. Rapoport, the Board voted to approve a disposal works installer permit to T F Smith Construction of 
Hanson. VOTED: 3-0. 
-Disposal Works Installer—Ryan Mahoney @ AA Will Corporation: Mr. Ciccotelli noted that this 
company was permitted in the Town approximately ten years ago but not in the intervening years. They 
did not have permits from three other towns, as required by Canton. Upon a motion from 
Dr. Goodman, seconded by Dr. Rapoport, the Board voted to approve a disposal works installer permit 
to Ryan Mahoney @ AA Will Corporation of Stoughton, waiving the three outside town permits 
requirement. VOTED: 3-0. 
DISCUSSION 
-Annual Health Fair: The Annual Health Fair will be held on Saturday, October 20 at the Canton High 
School. Doors will open at 10:00. Flu vaccines will be available. 
-Flavored Tobacco Sales: The Canton Health Office received a complaint regarding the sale of flavored 
tobacco products at a local store. The Canton regulations regarding flavored tobacco sales are restricted 
to eucalyptus, menthol, and mint -like flavors. Ms. Pratt and Mr. Ciccotelli presented several products 
with a spectrum of names. Some names have a flavor associated with them, e.g., grape, and some has 
names with no indication of a flavor, e.g., diamond. The Board was able to smell several of these items 
to assess the perceived flavor. 
A discussion followed about reassessing the regulations on vaping, since current trends indicate 
that children are by-passing cigarettes and going directly to vaping. 
Upon a motion from Dr. Goodman, seconded by Dr. Rapoport, the Board voted to call Diamond 
and Green as flavored tobacco. VOTED: 3 — 0. 
PAGE 2 OF 3; Minutes —Canton Board of Health —September 17, 2018

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Mr. Ciccotelli noted that the store will be issued a violation notice, and since the owners will likely be at 
the next meeting, he plans to bring in additional tobacco products that may need the Board's 
assessment on flavoring that may be in dispute vis-a-vis the violation notice. 
Flu Season: Dr. Rapoport provided statistics on 2017 death statistics from the CDC associated with the 
flu. Vaccinations are strongly recommended to reduce hospitalizations and death. Mr. Ciccotelli noted 
the Town will administer a vaccine that covers four strains of flu that the CDC anticipates will be 
prevalent this year. He also noted that there will be a public flu clinic on September 28 at the Council of 
Aging open to all residents. Residents are requested to bring their insurance card, as the Town uses 
reimbursements to fund the purchasing of next year's supply. 
World Suicide Day: Dr. Rapoport commented that September 10 is World Suicide Day. Public 
awareness is important to reduce the nearly 800,000 deaths by suicide each year. In his practice, he has 
become aware of a linkage between thyroid problems and mental health issues, and he encouraged 
people talk with their doctors if they have concerns related to mental health issues. 
Tobacco Sales and Usage: Dr. Goodman would like to reassess the Town's regulations regarding vaping 
in light of current data and trends. Mr. Ciccotelli noted that on January 1, 2019, the ban on the tobacco 
products in pharmacies will be implemented in Massachusetts. As a result, one pharmacy opted not to 
transfer a permit due to a recent pharmacy merger. Another permit was terminated when a store went 
out of business. 
ADMINISTRATION: Regular Session Minutes—June 4, 2018: Upon a motion from Dr. Rapaport, 
seconded by Dr. Goodman, the Board voted to approve the regular session minutes of June 4, 2018 as 
presented. VOTED: 3 — 0. 
BILLS AND VOUCHERS: Bills and Vouchers: Upon a motion from Dr. Goodman, seconded by Dr. 
Rapaport, the Board voted to approve the bills and vouchers as presented. VOTED: 3 — 0. 
ADDITIONAL ITEMS: Next Meeting: The next meeting will be on October 1, 2018 at 7:00 p.m. Dr. 
Goodman noted that she will not be in attendance due to business travel. The final meetings this year 
are on November 5 and December 3. 
ADJOURNMENT: Adjournment: Upon a motion from Dr. Goodman, seconded by Dr. Rapaport, the 
Board voted to adjourn the meeting at 8:03 pm. VOTED: 3 — 0. 
Respectfully submitted, 
Alan Rapoport, OD 
Clerk 
PAGE 3 OF 3, Minutes —Canton Board of Health —September 17, 2018