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SMITTYS HOMEMADE ICE CREAM - FOOD - CLOSED
lj Sral'4ys )I merxact(�,Tat Cry m Clasee 3a 10( Cy1CLi Is rocd Ofrt Town of Barnstable BOARD OF HEALTH p� John T. Norman a! Board of Health Donald A.Gaudagnoli,M.D. UAMNSTABLE, = Paul J.Canniff,D.M.D. MAS& F.P. Thomas Lee Alternate +$ .® 200 Main Street, Hyannis, MA 02601 nxA Phone: (508)862-4644 Fax: (508)790-6304 www.townofbarnstable.us Permit to Operate a Food Establishment In accordance with regulations promulgated under authority of 105 CMR 590.000 M.G.L. Chapter 94 Sections 305A, 305B, 146, 189 and 189A; Chapter 111,Sections 5 and 127A, a permit is hereby granted to: Permit No: 69 Issue Date: 01/01/2021 DBA: SMITTY'S HOMEMADE ICE CREAM OWNER: SMITTY'S HOMEMADE ICE CREAM INC. Location of Establishment: 3261 MAIN STREET BARNSTABLE, MA 02630 Type of Business Permit: FOOD SERVICE Annual: Seasonal: YES IndoorSeating: 0 OutdoorSeating: 0 Total Seating: 0 FEES FOOD SERVICE ESTABLISHMENT: $250.00 YEAR. 2021 RETAIL FOOD: COTTAGE FOOD OPERATION: Permit Expires: 12/31/2021 B&B-FULL BREAKFAST: CONTINENTAL BREAKFAST: -- - - ------- MOBILE-FOOD: MOBILE-ICE CREAM: G�n ` FROZEN DESSERT: Thomas A. McKean, RS, CHO, Health Agent FOR ESTABLISHMENTS WITH SEATING: PERMIT IS NOT VALID UNLESS ISSUED IN CONJUNCTION WITH A COMMON VICTUALER LICENSE- Restrictions: MUST POST VARIANCE LETTER. Variance dated February 9, 2010, serving ice cream only, for a grease trap variance and a toilet faciility variance with one toilet. No seating. A grease recovery device is not required. r _ Iowa Town of Barnstable BOARD OF HEALTH John T,Norman Board of Health Donald A.Gaudagnoli,M.D. aARrtsUoi -' Paul J.Canniff,D.M.D. 1639. 200 Main Street, Hyannis, MA 02601 F.P.MAM Thomas Lee Alternate Phone: 508 62-4 44( ) 8 6 Fax: (508)790-6304 www.townofbarnstable.us Permit to Operate a Food Establishment In accordance with regulations promulgated under authority of 105 CMR 590.000 M.G.L. Chapter 94 Sections 305A, 305B, 146, 189 and 189A; Chapter 111, Sections 5 and 127A, a permit is hereby granted to: Permit No: 69 Issue Date: 01/01/2020 DBA: SMITTY'S HOMEMADE ICE CREAM OWNER: RICHARD J. SMITH Location of Establishment: 3261 MAIN STREET BARNSTABLE, MA 02630 Type of Business Permit: FOOD SERVICE Annual: Seasonal: YES IndoorSeating: 0 OutdoorSeating: 0 Total Seating: 0 FEES FOOD SERVICE ESTABLISHMENT: $250.00 YEAR. 2020 RETAIL FOOD: COTTAGE FOOD OPERATION: Permit Expires: 12/31/2020 B&B-FULL BREAKFAST: CONTINENTAL BREAKFAST: MOBILE-FOOD: MOBILE-ICE CREAM: Q� FROZEN DESSERT: Thomas A. McKean, RS, CHO, Health Agent FOR ESTABLISHMENTS WITH SEATING: PERMIT IS NOT VALID UNLESS ISSUED IN CONJUNCTION WITH A COMMON VICTUALER LICENSE Restrictions: MUST POST VARIANCE LETTER. Variance dated February 9, 2010, serving ice cream only, for a grease trap variance and a toilet faciility variance with one toilet. No seating. A grease recovery device is not required. nfripp IT.. • Initials: ` AILS Town of Barnstable P� � Date Paid .y/4a1> Amt_Pd$ _ &UMSTABLE, : Inspectional Services y NAB& � h 16'� s`0 Public Health Division check# �� FD MAr Thomas McKean, Director �jo 200 Main Street,Hyannis,MA 02601 b Office: 508-862-4644 Fax: 508-790-6304 ; APPLICATION FOR PERMIT TO OPERATE A FOOD ESTABLISHMENT DATE NEW OWNERSHIP RENEWAL X NAME OF FOOD ESTABLISHMENT: ADDRESS OF FOOD ESTABLISHMENT: 10 //lJ c�� 2aRA4511We /////Vf MAILING ADDRESS(IF DIFFERENT FROM ABOVE): 9 FR/R/oZN E-MAIL ADDRESS: tipC62 &/. p TELEPHONE NUMBER OF FOOD ESTABLISHMENT: TOTAL NUMBER OF BATHROOMS:. = I WELL WATER:YES NO� :.. (ANNUAL WATER ANALYSIS REQUIRED) ANNUAL: SEASONAL: DATES OF OPERATION: -J�l 1 /01oTO 1) l l NUMBER OF SEATS: INSIDE: OUTSIDE: D TOTAL: SEATING: MUST OBTAIN A COMMON VICTUALLER'S LICENSE FROM LICENSING DIV. ***OUTSIDE DINING REMINDER*** OUTSIDE DINING,MUST BE APPROVED BY THE HEALTH DIV.AND LICENSING.AND MEET OUTSIDE DINING REQUIREMENTS. ,l IS WAIT STAFF PROVIDED FOR OUTSIDE DINING? NV IS AN AIR CURTAIN PROVIDED AT WAITSTAFF SERVICE DOOR(S)? 00 TYPE OF ESTABLISHMENT: (PLEASE CHECK ALL THAT APPLY BELOW) FOOD SERVICE RETAIL FOOD-ONLY required for TCS foods(foods requiring refrigeration/freezer) BED&BREAKFAST CONTINENTAL BREAKFAST COTTAGE FOOD INDUSTRY(formerly residential kitchen) MOBILE FOOD FROZEN DAIRY DESSERT MACHINES ... (MONTHLY LAB ANALYSIS REQUIRED) CATERING... (CATERING NOTICE REQUIRED BEFORE EVENT(SEE PAGE#2) *** SEASONAL,MOBILE & NEW FOOD ONLY*** REQUIRED TO CALL HEALTH DIV.FOR INSPECTION PRIOR TO PEiRMIT BEING ISSUED PLEASE CALL 508-862-4644 Q:Application FormsTOODAPP 2020.doc -9,WNER INFORMATION: / FULL NAME OF APPLICANT SOLE OWNER: �S NO D.O.B, l �aS OWNER PHONE it 57V& V?Y ADDRESS /!�l� �4/�C_ T jZ�/ iJ / h-0 ®o-S 3 C CORPORATE OWNER: 5roA5 /nPomADe- a28&ac CORPORATE ADDRESS: 20(o r1jL PERSON IN CHARGE OF DAILY OPERATIONS: List(2) Certified Food Protection Managers AND at least(1)Allergen Awareness Certified Staff All FOOD ESTABLISHMENTS must have 1 Certified Food Protection Manager PER SHIFT. **ATTACH COPIES OF CERTIFICATES** The Health Div. will NOT use past years' records. You must provide new copies and POST THE CERTIFICATES at your food establishment. Certified Food Managers Expiration Date Allergen Awareness Expiration Date 2Z 2. M ,0-6 FINP '7 1 11 12 f Ls�nx 2 / ,;V� SIGNATURE O PLICANT DATE ***FOOD POLICY INFORMATION*** SEASONAL FOOD SERVICE:All seasonal food establishments,including mobile trucks must be inspected by the Health Div. prior to opening!! Please call Health Div.at 508-862-4644 to schedule your inspection. Please call at least(7)days in advance. FROZEN DAIRY DESSERTS: Frozen desserts must be tested by a State Certified lab prior to opening and monthly thereafter, with sample results submitted to the Health Div. Failure to do so will result in the suspension or revocation of your Frozen Dessert Permit until the above terms are met. CATERING POLICY: Anyone who caters within the Town of Barnstable must notify theTown by fax or mail prior to catering event. You must complete a catering notice found at http://www.townofbarnstable.us/healthdivision/applications.asp. OUTDOOR COOKING: Outdoor cooking,preparation,or display of any food product by a food establishment is prohibited. NOTICE: Permits run annually from January 1 st to Dec.3 1"each calendar year. IT IS YOUR RESPONSIBILITY TO RETURN THE COMPLETED APPLICATIONS)AND REQUIRED FEES BY DEC 1 st. Q\Application FormsT00DAPP REV3-2019.doc u Town of Barnstable BOARD OF HEALTH Paul J Canniff, D.M.D. Board of Health Donald A.Gaudagnoli,M.D. uAmSTAdLEo John T. Norman $, � 200 Main Street, Hyannis, MA 02601 F.P. Thomas Lee Alternate Phone: (508) 862-4644 Fax: (508)790-6304 www.townofbarnstable.us Permit to Operate a Food Establishment In accordance with-regulations promulgated under authority of 105 CMR 590.000 M.G.L. Chapter 94 Sections 305A, 305B, 146, 189 and 189A; Chapter 111, Sections 5 and 127A, a permit is hereby granted to: Permit No: 69 Issue Date: 03/01/2019 DBA: SMITTY'S HOMEMADE ICE CREAM OWNER: RICHARD J. SMITH Location of Establishment: 3261 MAIN STREET BARNSTABLE MA 02630 Type of Business Permit: FOOD SERVICE Annual: Seasonal: YES IndoorSeating: 0 OutdoorSeating: 0 Total Seating: 0 FEES FOOD SERVICE ESTABLISHMENT: $250.00 YEAR: 2019 RETAIL FOOD: COTTAGE FOOD OPERATION: Permit Expires: 12/31/2019 B&B-FULL BREAKFAST: CONTINENTAL BREAKFAST: ----- - -- -- - - MOBILE- FOOD: MOBILE-ICE CREAM: Q� FROZEN DESSERT: Thomas A. McKean, RS, CHO, Health Agent TOBACCO SALES: FOR ESTABLISHMENTS WITH SEATING: I PERMIT IS NOT VALID UNLESS ISSUED IN CONJUNCTION WITH A COMMON VICTUALER LICENSE Restrictions: MUST POST VARIANCE LETTER. Variance dated February 9, 2010, serving ice cream only, for a grease trap variance and a toilet faciility variance with one toilet. No seating. A grease recovery device is not required. ` t .n v i E oFsx�rpy, FQi'_Off'i��.TZs�Onl�: Initials; Town of Barnstable << Date Paid ®tntl'_d S 5 * BAHMASABLE, k Inspectional Services .� . � hIA99. A 019. 1� , �AJF �7R OMArA Pubhc Health Division �� ' W Thomas McKean, Director 200 Main Street, Hyannis,MA 02601 Office: 508-862-4644 Fax: 508-790-6304 (' is f APPLICATION FOR PERMIT TO OPERATE A FOOL) ESTABLISHMENT t DATE, "JN 1� NFw OWNERSHIP RENEWAL NAME OF FOOD ESTABLISHMENT: / 5 CC� L'4 M Y ADDRESS OF FOOD ESTABLISHMENT; ST 6J K lv ' VC VAMAILING ADDRESS (IF DIFFERENT FROM ABOVE): / 6 �4/) G ``JA ' ' '/ 0 E-MAIL ADDRESS: ^ �( I S t TELEPHONE NUMBER OF FOOD ESTABLISHMENT: TOTAL NUMBER OF BATHROOMS: _ WELL WATER:YES NO) ... (ANNUAL WATER ANALYSIS REQUIRED) SEASONAL: DATES OF OPERATION: //�/ 'Co)l_I / l AI\NIJAL: — r NUMBER OF SEATS: IN OUTSIDE; TOTAL; f SEATING: MUST OBTAIN A COMMON VICTUALLER'S LICENSE FROM LICENSING DTV, *"OUTSIDE.DINING REMINDEW""' OUTSIDE DINING,MUST BE APPROVED BY THE HEALTH DIV.AND LICENSING, AND MEET OUTSIDE DINING REQUIREMENTS. IS WAIT STAFF PROVIDED FOR OUTSIDE DINING? IV V IS AN AIR CURTAIN PROVIDED AT WAITSTAFF SERVICE DOOR(S)? TYPE OF ESTABLISHMENT: (PLEASE CHECK ALL THAT APPLY BELOW) j FOOD SERVICE, RETAIL FOOD- ONLY required for TCS foods (foods requiring refrigeration/freezer) BED &BREAKFAST I' CONTINENTAL BREAKFAST COTTAGE FOOD INDUSTRY(formerly residential kitchen) MOBIL£,FOOD FROZEN DAIRY DESSERT MACHINES .., (MONTHLY LAB ANALYSIS REQUIRED) -CATERING ... (CATERING NOTICE REQUIRED BEFORE EVENT'(SEE PAGE#2) —TB T^ OACCO SALES... (ANNUAL TOBACCO SALES APPI.,ICATION REQUIRED) I! *' * SEASONAL,MOBILE &NEW FOOT) ONLY*max BL,QUIRI D'TKO CALL HEALTH DIV.FOR INSPECTION PRIOR TO PERMIT BEING ISSUI?I) Q.AApplication FonnsyF00DAFA12I�V2018.doc a P. i F 4 If l PLEASE CALL 508-862-4644 f E OWNER INFORMATION: FULL NAME OF APPLICANT t C.-kw t t � �j SOLE OWNER: YES NO _ D.O,B`/7 as�G D_- OWNER PHONE#T 1 � ADDRESS 1 Zg 1 e icl NSA VGAVI 0 0 M pt5 0 6 . CORPORATE OWNER: t.�,R,zk� 5v,- ` k R FEDERAL ID NO. : CORPORATE ADDRESS: � �� MASS fi PERSON IN CHARGE OF DAILY OPERATIONS: i List (2) Certified Food Protection Managers AND at least(1) Allergen Awareness Certified Staff All FOOD ESTABLISHMENTS must have 1 Certified Food Protection Manager PER SHIFT. **ATTACH COPIES OF CERTIFICATES** The Health Div. sviIl NOT use past years' records. You j inust provide new copies and POST THE CERTIFICATES at your food establishment. Certified Food Managers Expiration Date Allergen Awareness Expiration Date I. 2, SIGNATU0 OF APPLICANT DATE ***FOOD POLICY INFORMATION*** SEASONAL FOOD SERVICE: All seasonal food establishments, including mobile trucks must be inspected by the Health Div, prior to opening!l Please call Health Div. at 508-862-4644 to schedule your inspection. Please call at least(7)days hi advance, FROZEN DAIRY DESSERTS: Frozen desserts must be tested by a State Certified lab prior to opening ar:d 1-ronth1 1 thereafter, with sample results submitted to the Health Div, Failure to do so will result in the suspension or revocation of your Frozen Dessert Permit until the above terms are met. CATERING POLICY: Anyone who caters within the Town of Barnstable must notify thcTown by fax or mail prior to catering event. You must complete a catering notice found at http•/lwrvw townofbarnstable,uslhealthdiyisionlapplicattons.asp. � V l OUTDOOR COOKING: Outdoor cookhag,preparation,or display of any food product by a food establish-ment is prohibited. TOBACCO ESTABLISHMENTS: All tobacco establishments must complete an Application for Tobacco Sales Permit and Employee Signature Form. NOTICE: Pezivits run annpally from January I st to Dec.31't each calendar year. IT IS POUR IZESFONSIBILITY TO RE'TUKN 1"HC COIvIPL TED APPLICATION(S)AND 11EQUME.D FEES IBYDEC 1st. QAAI)j licafiomFormAF00DAHREV20t8.doe �p ENE ray TOWN OF BARNSTABLE. HEALTH INSPECTOR'S Establishment Name: Date. Gage: of OFFICE HOURS PUBLIC HEALTH DIVISION s:oo-ssoa.M. BARNSTABLE. ` 200 MAIN STREET s:so-a:ao P.M. Item Code C-Critical Item DESCRIPTION OF VIOLATION/PLAN OF CORRECTION Date Verified 1639. �0� HYANNIS, MA 02601 sos asz�saa No Reference R-Red Item PLEASE PRINT CLEARLY .FOM�,A FOOD ESTABLISHMENT INSPECTI N REPORT Name S Date T e of Type of Insoection Routine Address / Risk Food Service Re-inspection t �/0 iiii�������+ Level Retai Previous Inspection Telephone Residential Kitchen Date: ` Mobile Pre- era I Owner HACCP YIN Temporary Suspect Illness Caterer General Complaint Person in Charge(PIC) Time Bed&Breakfast HACCP on In: Other Inspector Out: Each violation checked requires an explanation on the narrative page(s)and a citation of specific provision(s)violated. Violations Related to Foodborne Illness Interventions and Risk Factors(Red Items) Anti-Choking 590.009(E) ❑ Violations marked may pose an imminent health hazard and require immediate corrective Tobacco 590.009(F) ❑ �f Action as determined by the Board of Health. Allergen Awareness 590.009(G) ❑ FOOD PROTECTION MANAGEMENT ❑ 12.Prevention of Contamination from Hands \ ❑ 1.PIC Assigned/Knowledgeable/Duties ❑ 13.Handwash Facilities J EMPLOYEE HEALTH PROTECTION FROM CHEMICALS ❑ 2.Reporting of Diseases by Food Employees and PIC ❑ 14.Approved Food or Color Additives ❑ 3.Personnel with Infectious Restricted/Excluded ❑ 15. Toxic Chemicals FOOD FROM APPROVED SOURCE TIMEITEMPERATURE CONTROLS(Potentially Hazardous Foods) ❑4.Food and Water from Approved Source ❑ 16.Cooking Temperatures ❑ 5.Receiving/Condition ❑ 17.Reheating ❑ 6.Tags/Records/Accuracy of Ingredient Statements ❑ 18.Cooling ❑ 7.Conformance with Approved Procedures/HACCP Plans ❑ 19.Hot and Cold Holding 74 PROTECTION FROM CONTAMINATION ❑ 20.Time As a Public Health Control ❑ 8.Separation/Segregation/Protection REQUIREMENTS FOR HIGHLY SUSCEPTIBLE POPULATIONS(HSP) ❑ 9.Food Contact Surfaces Cleaning and Sanitizing ❑ 21.Food and Food Preparation for HSP ❑ 10.Proper Adequate Handwashing CONSUMER ADVISORY ❑ 11.Good Hygienic Practices ❑22.Posting of Consumer Advisories Violations Related to Good Retail Practices(Blue Items) Total Number of Critical Violations 5I of Critical(C)violations marked must be corrected immediately. (blue&red items) _Corrective Action Required: o ❑ Yes Non-critical(N)violations must be corrected immediately or Overall Rating within 90 days as determined by the Board of Health. ❑ Voluntary Compliance ❑ Employee Restriction/Exclusion ❑ Re-inspection Scheduled ❑ Emergency Suspension C N Official Order for Correction: Based on an inspection to ay,the items ❑ Embargo ❑ Emergency Closure ❑ Voluntary Disposal ❑ Other: checked indicate violations of 105-CMR 590.000/Federal Food Code. 23.Management and Personnel (FC-2)(590.003) This report,when signed below by a Board of Health member or its agent A=Zero critical violations and no more than 3 non-critical violations. F=3 or more critical violations.9 or more non-critical violations, 24.Food and Food Preparation (FC-3)(590.004) constitutes an order of the Board of Health. Failure to correct violations regardless of the number of critical,results in an F. 25.Equipment and Utensils (FC-4)(590.005) cited in this report may result in suspension or revocation of the food B-One critical violation and less than Orion-critical violations 26.Water,Plumbing and Waste if no critical violations observed,4 to 6 non-critical violations=B. Seriously Critical Violation=F is scored automatically if: no hot g (FC-5)(590:006) establishment permit and cessation of food establishment operations. If C=2 critical violations and less than 9 non-critical. If no critical water,sewage 27.Physical Facility (FC-6)(500.007) aggrieved by this order,you have.a right to a hearing. Your request must back-up,infestation of rodents or insects,or lack of violations observed;7 to anon-c 28.Poisonous or Toxic Materials (FC-7)(590.008) be in writing and submitted to the Board of Health at the above address non-critical violations. If 1 critical refrigeration. 29.Special Requirements (590.009) within 10 days of receipt of this order. violatio n-critical violations=C. 30.Other DATE OF RE-INSPECTION: Inspe or ignat a 31.Dumpster screened from public view Permit Posted? Y N Grease Trap Previous Pumping Date Grease Rendered Y N #Seats Observed Frozen Dessert Machines: Outside Dining Y N PIC's Signature Print: Self Service Wait Service Provided Grease Trap Size Variance Letter Posted Y N Dumpster Screen? Y N Violations related to Foodborne Illness Violation Related to Foodborne Illness Interventions Interventions and Risk Factors(Red Items 1-22) and Risk Factors(Red Items 1-22) (Cont.) FOOD PROTECTION MANAGEMENT PROTECTION FROM CONTAMINATION PROTECTION FROM CHEMICALS 3-501.14(C) PHFs Received at Temperatures According to 1 590.003(A) Assignment of Responsibility* 8 Cross-contamination 14 Food or Color Additives Law Cooled to 41°F/45°F Within 4 Hours* 590.003(B) Demonstration of Knowledge* 3-302.11(A)(1) Raw Animal Foods Separated from 3-202.12 Additives* 3-501.15 Cooling Methods for PHFs Cooked and RTE Foods.* * 19 PHF Hot and Cold Holding 2-103.11 Person-in-Charge Duties 3-302.14 Protection from Unapproved Additives Contamination from Raw Ingredients 15 Poisonous or Toxic Substances 3-501.16(B) Cold PHFs Maintained At or Below 41°F/45°F 590.004(F) EMPLOYEE HEALTH 3-302.11(A)(2) Raw Animal Foods Separated from Each 7-101.11 Identifying Information-Original Containers* Other* 3-501.16(A) Hot PHFs Maintained At or Above 140°F 2 590.003(C) Responsibility of the Person-in-Charge to 7-102.11 Common Name-Working Containers* * Require Reporting by Food Employees and Contamination from the Environment * 3-501.16(A) Roasts Held At or Above 130°F 7-201.11 Separation-Storage*Applicants* 3-302.11(A) Food Protection* P g 20 Time as a Public Health Control 590.003(F) Responsibility of A Food Employee or An 3-302.15 Washing Fruits and Vegetables 7-202.11 Restriction-Presence and Use* 3-501.19 Time as a Public Health Control*Applicant To Report To The Person In Charge* * 7.202.12 Conditions of Use* 590.004 11 Variance Re uirements 3-304.11 Food Contact with Equipment and Utensils 7-203.11 Toxic Containers-Prohibitions* ( ) q 590.003(G) Reporting by Person in Charge* Contamination from the Consumer 3 590.003(D) Exclusions and Restrictions* 7-204.11 Sanitizers,Criteria-Chemicals* REQUIREMENTS FOR 3-306.14(A)(B)Resumed Food and Reated or of Food* 7-204.12 Chemicals for WashingProduce,Criteria* HIGHLY SUSCEPTIBLE POPULATIONS HSP 590.003(E) Removal of Exclusions and Restrictions Disposition of Adulterated or Contaminated � ) Food 7.204.14 Drying Agents,Criteria* 21 3-801.11(A) Unpasteurized Pre-Packaged Juices and FOOD FROM APPROVED SOURCE 3-701.11 Discarding or Reconditioning Unsafe Food* 7-205.11 Incidental Food Contact,Lubricants* Beverages with Warning Labels* 4 Food and Water From Regulated Sources 9 Food Contact Surfaces 7-206.11 Restricted Use Pesticides,Criteria* 3-801.11(B) Use of Pasteurized Eggs* 590.004(A-B) Compliance with Food Law* 4-501.111 Manual Wazewashing-Hot Water 7.206.12 Rodent Bait Stations* 3-801.11(D) Raw or Partially Cooked Animal Food and Not Served 3-201.12 Food in a Hermetically Sealed Container* Sanitization Temperatures* 7-206.13 Tracking Powders,Pest Control and Raw Seed Sprouts 3-201.13 Fluid Milk and Milk Products* 4-501.112 Mechanical Wazewashing-Hot Water Monitoring* 3-801.11(C) Unopened Food Package Not Re-Served* 3-202.13 Shell Eggs* Sanitization Temperatures* TIME/TEMPERATURE CONTROLS 3-202.14 Eggs and Milk Products,Pasteurized* 4-501.114 Chemical Sanitization-Temp.,pH. 18 Proper Cooking Temperatures for PHFs - CONSUMER ADVISORY Concentration and Hardness* 22 3-603.11 Consumer Advisory Posted for Consumption of 3-202.16 Ice Made From Potable Drinking Water* 3-401.11A(1)(2) Eggs-155°F 15 sec Animal Foods That are Raw,Undercooked or 5-101.11 DrinkingWater from an Approved System* 4-601.11(A) Clean Utensils and Food Contact Surfaces of Eggs-Immediate Service 145°F 15 sec* PP Y Not Otherwise Processed to Eliminate 590.006(A) Bottled Drinking Water* Equipment* 3-401.11(A)(2) Comminuted Fish,Meats&Game Pathogens* Effective in/zooi 4-602.11 Cleaning Frequency of Utensils and Food Animals-155°F 15 sec* 590.006(B) Water Meets Standards in 310 CMR 22.0* Contact Surfaces of Equipment* * 3-302.13 Pasteurized Eggs Substitute for Raw Shell Shellfish and Fish From an Approved Source 3-401.11(B)(1)(2) Pork and Beef Roast-130°F 121 min Eggs* 4-702.11 Frequency of Sanitization of Utensils and Food 3-401.11(A)(2) I Ratites,Injected Meats-155°F 15 sec* 3-201.14 Fish and Recreationally Caught Molluscan Contact Surfaces of Equipment* Shellfish* 3-401.11(A)(3) Poultry,Wild Game,Stuffed PHFs SPECIAL REQUIREMENTS 4-703.11 Methods of Sanitization-Hot Water and StuffingContaining Fish,Meat,Poultry or 3-201.15 Molluscan Shellfish from NSSP Listed Chemical* g 590.009(A)-(D) Violations of Section temporary and - ide in cater- * Ratites-165°F 15 sec* in mobile food,tem or and residential Sources g� P �' 10 Proper,Adequate Handwashing 3-401.11(C)(3) Whole-muscle,Intact Beef Steaks 145°F* kitchen operations should be debited under Game and Wild Mushrooms Approved By 2-301.11 Clean Condition-Hands and Arms* Regulatory Authority 3-401.12 Raw Animal Foods Cooked in a Microwave the appropriate sections above if related to 3-202.18 Shellstock Identification Present* 2-301.12 Cleaning Procedure* 165°F* foodborne illness interventions and risk factors. 2-301.14 When to Wash* * Other 590.009 violations relating to good retail 590.004(C) Wild Mushrooms* 3-401.11(A)(1)(b) All Other PHFs-145°F 15 sec 3-201.17 Game Animals* 11 Good Hygienic Practices 17 Reheating for Hot Holding practices should be debited under#29-Special Requirements. 5 Receiving/Condition 2 401.11 Eating,Drinking or Using Tobacco* 3-403.11(A)&(D) PHFs 165°F 15 sec* 3-202.11 PHF's Received at Proper Temperatures* 2-401.12 Discharges From the Eyes,Nose and Mouth* 3-403.11(B) Microwave-165°F 2 Minute Standing Time* VIOLATIONS RELATED TO GOOD RETAIL PRACTICES * 3-301.12 Preventing Contamination When Tasting* 3-403.11 C Commercial] Processed RTE Food-140°F* (Blue Items non-critical 23-30) 3-202.15 Package Integrity ( ) Y Critical and non-critical violations,which do not relate to the foodborne 3-101.11 Food Safe and Unadulterated* 12 Prevention of Contamination from Hands 3-403.11(E) Remaining Unsliced Portions of Beef Roasts* illness interventions and risk factors listed above,can be found in the 6 Tags/Records:Shellstock 590.004(E) Preventing Contamination from Employees* 18 Proper Cooling of PHFs following sections of the Food Code and 105 CMR 590.000 * 13 Handwashing Facilities 3-501.14 A CoolingCooked PHFs from 140°F to 70°F 3-203.18 Shellstock Identification ( ) Item Good Retail Practices FC 590.000 3-203.12 Shellstock Identification Maintained* Conveniently Located and Accessible Within 2 Hours and From 70°F to 41°F/45°F Tags/Records:Fish Products 5-203.11 Numbers and Capacities* Within 4 Hours* 23. Management and Personnel FC-2 .003 3-402.11 Parasite Destruction* 5-204.11 Location and Placement* 3-501.14(B) Cooling PHFs Made from Ambient 24. Food and Food Protection FC-3 .004 * 5-205.11 Accessibility,Operation and Maintenance Temperature Ingredients to 41°F/45°F 25. Equipment and Utensils FC-4 .005 3-402.12 Records,Creation and Retention Within 4 Hours 26. Water,Plumbing and Waste FC-5 .006 590.004(J) Labeling of Ingredients* Supplied with Soap and hand Drying Devices 27. Physical Facility FC-6 .007 7 Conformance with Approved Procedures/ 6-301.11 Handwashing Cleanser,Availability 28. Poisonous or Toxic Materials FC-7 .008 HACCP Plans 6-301.12 Hand Drying Provision 29. Special Requirements 1 1.009 3-502.11 Specialized Processing Methods* 30. Other 3-502.12 Reduced-Oxygen Packaging Criteria* 8-103.12 Conformance with Approved Procedures* S:590Formback6-2doc *Denotes critical item in the federal 1999 Food Code or 105 CMR 590.000. *Denotes critical item in the federal 1999 Food Code or 105 CMR 590.000. `oF THE►o TOWN OF BARNSTABLE _HEATH INSPECTOR•s Establishment Name: N Date: � Page: of vo OFFICE HOURS PUBLIC HEALTH DIVISION 8:00-9:30A.M. - BARNSTABLE. • 200 MAIN STREET 3:3o-a:3o P.M. _ Item Code C-Critical Item DESCRIPTION OF VIOLATION/PLAN OF CORRECTION Date Verified �p MASS.q. `0�' HYANNIS,MA 02601 - - soa$62-�aRr�aa No Reference -.R.-Red Item - PLEASE PRINT CLEARLY - 'FD1AP`p FOOD ESTABLISHMENT INSPECTION REPORT Name fJ7 fi Date lJ. Type of Tvue of Inspection ') -S Routine Address Risk Re-inspection Level Retail Previous Inspection Telephone Residential Kitchen Date: t Mobile I re-operatio Owner HACCP Y/N Temporary c ness Caterer General Complaint Person in Charge(PIC) Time Bed&Breakfast HACCP Z1 In: Other Inspector Out: 1 'Q- Each violation checked requires an explanation on the narrative page(s)and a citation of specific provision(s)violated. Violations Related to Foodborne Illness Interventions and Risk Factors(Red Items) Anti-Choking 590.009(E) ❑ Violations marked may pose an imminent health hazard and require immediate corrective. Tobacco 590.609(F) ❑ Action as determined by the Board of Health. Allergen Awareness 590.009(G) ❑ FOOD PROTECTION MANAGEMENT ❑ 12.Prevention of Contamination from Hands ❑ 1.PIC Assigned/Knowledgeable/Duties ❑ 13.Handwash Facilities EMPLOYEE HEALTH PROTECTION FROM CHEMICALS ❑ 2.Reporting of Diseases by Food Employees and PIC ❑ 14.Approved Food or Color Additives ❑ 3.Personnel with Infectious Restricted/Excluded ❑ 15. Toxic Chemicals FOOD FROM APPROVED SOURCE TIME/TEMPERATURE CONTROLS(Potentially Hazardous Foods) ❑4.Food and Water from Approved Source 16.Cooking Temperatures ❑ 5.Receiving/Condition ❑ 17.Reheating ❑ 6.Tags/Records/Accuracy of Ingredient Statements ❑ 18.Cooling ❑ 7.Conformance with Approved Procedures/HACCP Plans ❑ 19.Hot and Cold Holding PROTECTION FROM CONTAMINATION ❑ 20.Time As a Public Health Control ❑ 8.Separation/Segregation/Protection REQUIREMENTS FOR HIGHLY SUSCEPTIBLE POPULATIONS(HSP) ❑ 9.Food Contact Surfaces Cleaning and Sanitizing ❑21.Food and Food Preparation for HSP ❑ 10.Proper Adequate Handwashing CONSUMER ADVISORY ❑ 11.Good Hygienic Practices ❑ 22.Posting of Consumer Advisories LO Violations Related to Good Retail Practices(Blue Items) Total Number of Critical Violations Critical(C)violations.marked must be corrected immediately. (blue&red items) I Corrective Action Required: TO Yes Non-critical(N)violations must be corrected immediately or within 90 days as determined by the Board of Health. Overall Rating ❑ Voluntary Compliance ❑ Employee Restriction/Exclusion ❑ Re-inspection Scheduled ❑ Emergency Suspension C N Official Order for Correction:Based on an inspection today,the items El Embargo Emergency Closure ❑ Voluntary Disposal Other: 23.Management and Personnel (FC-2)(590.003) checked indicate violations of 105 CMR 590.000/Federal Food Code.This report,when signed below by a Board of Health member or its agent A=Zero critical violations and no more than 3 non-critical violations. F=3 or more critical violations.9 or more non-critical violations, 24.Food and Food Preparation (FC-3)(590.004) constitutes an order of the Board of Health. Failure to correct violations regardless of the number of critical,results in an F. 25.Equipment and Utensils (FC-4)(590.005) cited in this report may result in suspension or revocation of the food 6=One critical violation and less than non-critical violations 26.Water,Plumbing and Waste (FC-5)(590.006) establishment permit and cessation of food establishment operations. If if no critical violations observed,4 too 6 von-critical violations=B. Seriously Critical Violation F is scored automatically if: no hot 27.Physical Facility (FC-6)(590.007) aggrieved by this order,you have a right to a hearing. Your request must C=2 critical violations and less than 9 non-critical. If no critical water,sewage back-up,infestation of rodents or insects,or lack of 28.Poisonous or Toxic Materials (FC-7)(590.008) be in writing and submitted to the Board of Health at the above address violations observed,7 to 8 non-critical violations. If 1 critical refrigeration. within 10 days of receipt of this order. violation,4 to 8non-critical violations=C. 29.Special Requirements (590.009) Y P 30.Other DATE OF RE-INSPECTION: Inspector g at rint: 31.Dumpster screened from public view Permit Posted? Y N Grease Trap Previous Pumping Date Grease Rendered Y N #Seats Observed Frozen Dessert Machines: Outside Dining Y N PIC's S ure Print: t� Self Service Wait Service Provided Grease Trap Size Variance.Letter Posted Y N Dumpster Screen? Y N -M Violations related to Foodborne Illness Violations Related to Foodborne Illness Interventions Interventions and Risk Factors(Red Items 1-22) and Risk Factors(Red Items 1-22) (Cont) FOOD PROTECTION MANAGEMENT PROTECTION FROM CONTAMINATION PROTECTION FROM CHEMICALS 3-501.14(C) PHFs Received at Temperatures According to 1 590.003(A) Assignment of Responsibility* 8 Cross-contamination 14 Food or Color Additives Law Cooled to 41'F/45°F Within 4 Hours* 590.003(B) Demonstration of Knowledge* 3-302.11(A)(1) Raw Animal Foods Separated from 3-202.12 Additives* 3-501.15 Cooling Methods for PHFs 19 pHF Hot and Cold Holding 2-103.11 Person-in-Charge Duties Cooked and RTE Foods. 3-302.14 Protection from Unapproved Additives* Contamination from Raw Ingredients 15 Poisonous or Toxic Substances 3-501.16(B) Cold PHFs Maintained At or Below 41°F/45°F 590.004(F) EMPLOYEE HEALTH 3-302.11(A)(2) Raw Animal Foods Separated from Each 7-101.11 Identifying Information-Original Containers* Other* g g 3-501.16(A) Hot PHFs Maintained At or Above 140°F* 2 590.003(C) Responsibility of the Person-in-Charge to 7-102.11 Common Name-Working Containers* Require Reporting by Food Employees and Contamination from the Environment g 3-501.16(A) Roasts Held At or Above 130*F* 7-201.11 Separation-Storage*Applicants* 3-302.11(A) Food Protection* P g 20 Time as a Public Health Control ' 590.003 Responsibility O of A Food Employee yee or An 3-302.15 Washing Fruits and Vegetables 7-202.11 Restriction-Presence and Use* 3-501.19 Time as a Public Health Control* 590.003(G) Reporting by Person in Charge* Applicant To Report To The Person In Charge* * 7.202.12 Conditions of Use 590.004(11) Variance Requirements 3-304.11 Food Contact with Equipment and Utensils 7-203.11 Toxic Containers-Prohibitions* Contamination from the Consumer 3 590.003(D) Exclusions and Restrictions* * 7-204.11 Sanitizers,Criteria-Chemicals* _ REQUIREMENTS FOR 3-306.14(A)(B)Returned Food and Reared or of Food 7-204.12 Chemicals for WashingProduce,Criteria* HIGHLY SUSCEPTIBLE POPULATIONS HSP 590.003(E) Removal of Exclusions and Restrictions Disposition of Adulterated or Contaminated ( ) Food 7.204.14 Drying Agents,Criteria* 21 3-801.11(A) Unpasteurized Pre-Packaged Juices and FOOD FROM APPROVED SOURCE 3-701.11 Discarding or Reconditioning Unsafe Food* 7-205.11 Incidental Food Contact,Lubricants* Beverages with Warning Labels* 4 Food and Water From Regulated Sources 9 Food Contact Surfaces 7-206.11 Restricted Use Pesticides,Criteria* 3-801.11(B) Use of Pasteurized Eggs* 590.004(A-B) Compliance with Food Law* 4-501.111 Manual Warewashin Hot Water 7.206.12 Rodent Bait Stations* 3-801.11(D) Raw or Partially Cooked Animal Food and g Raw Seed Sprouts Not Served* 3-201.12 Food in a Hermetically Sealed Container* I Sanitization Temperatures* 7-206.13 Tracking Powders,Pest Control and * 3-201.13 Fluid Milk and Milk Products* 4-501.112 Mechanical Warewashing-Hot Water Monitoring* 3-801.11(C) Unopened Food Package Not Re-Served 3-202.13 Shell Eggs* I Sanitization Temperatures* TIME/TEMPERATURE CONTROLS 3-202.14 Eggs and Milk Products,Pasteurized* 4-501.114 Chemical Sanitization-Temp.,pH. 18 Proper Cooking Temperatures for PHFs CONSUMER ADVISORY Concentration and Hardness* 22 3-603.11 Consumer Advisory Posted for Consumption of 3-202.16 Ice Made From Potable Drinking Water* 3-401.11A(1)(2) Eggs-155°F 15 sec Animal Foods That are Raw,Undercooked or 5-101.11 DrinkingWater from an Approved System* 4-601.11(A) Clean Utensils and Food Contact Surfaces of Eggs-Immediate Service 145°F 15 sec* PP Y Equipment* Not Otherwise Processed to Eliminate 590.006(A) Bottled Drinking Water* 3-401.11(A)(2) Comminuted Fish,Meats&Game Pathogens* Ef cri a I//12001 4-602.11 Cleaning Frequency of Utensils and Food Animals-155°F 15 sec* 590.006(B) Water Meets Standards in 310 CMR 22.0* Contact Surfaces of Equipment* * 3-302.13 Pasteurized Eggs Substitute for Raw Shell Shellfish and Fish From an Approved Source 3-401.11(B)(1)(2) Pork and Beef Roast-130°F 121 min Eggs* 4-702.11 Frequency of Sanitization of Utensils and Food 3-401.11(A)(2) Ratites,Injected Meats-155°F 15 sec* 3-201.14 Fish and Recreationally Caught Molluscan Contact Surfaces of Equipment* Shellfish* 4-703.11 Methods of Sanitization-Hot Water and 3-401.11(A)(3) Poultry,Wild Game,Stuffed PHFs SPECIAL REQUIREMENTS Stuffing Cuntainin Fish,Meat,Poultry or 3-201.15 Molluscan Shellfish fuiir NSSP Listed Chemical* g g �' S90.009(A)-(D) Violations of Section 590.009(A)-(D)in cater- Sources* Ratites-165°F 15 sec* ing,mobile food,temporary and residential 10 Proper,Adequate Handwashing 3-401.11(C)(3) Whole-muscle,Intact Beef Steaks 145°F* kitchen operations should be debited under Game and AutWIdhority Mushrooms Approved By 2-301.11 Clean Condition-Hands and Arms* Regulatory Authority 3-401.12 Raw Animal Foods Cooked in a Microwave the appropriate sections above if related to 3-202.18 Shellstock Identification Present* 2-301.12 Cleaning Procedure* 165°F* foodbome illness interventions and risk factors. 590.004(C) Wild Mushrooms* 2-301.14 When to Wash* 3-401.11(A)(1)(b) All Other PHFs-145°F 15 sec* Other 590.009 violations relating to good retail 3-201.17 Game Animals* 11 Good Hygienic Practices 17 Reheating for Hot Holding practices should be debited under#29-Special Requirements. 5 Receiving/Condition 2-401.11 Eating,Drinking or Using Tobacco* 3-403.11(A)&(D) PHFs 165*F 15 sec* 3-202.11 PHF's Received at Proper Temperatures* 2-401.12 Discharges From the Eyes,Nose and Mouth* 3-403.11(B) Microwave-165°F 2 Minute Standing Time* VIOLATIONS RELATED TO GOOD RETAIL PRACTICES * 3-301.12 Preventing Contamination When Tasting* 3-403.11(C) Commercially Processed RTE Food-140°F* Blue Items 23-30) 3-202.15 Package Integrity Y Critical and non-critical violations,which do not relate to the foodbome 3-101.11 Food Safe and Unadulterated* 12 Prevention of Contamination from Hands 3-403.11(E) Remaining Unsliced Portions of Beef Roasts* illness interventions and risk factors listed above,can be found in the 6 Tags/Records:Shellstock 590.004(E) Preventing Contamination from Employees* 18 Proper Cooling of PHFs following sections of the Food Code and 105 CMR 590.000 * 1.3 Handwashing Facilities 3-501.14 A CoolingCooked PHFs from 140°F to 70°F 3-202.18 Shellstock Identification ( ) Item Good Retail Practices FC 590.000 3-203.12 Shellstock Identification Maintained* Conveniently Located and Accessible Within 2 Hours and From 70*F to 41°F/45°F Tags/Records:Fish Products 5-203.11 Numbers and Capacities* Within 4 Hours* 23. Management and Personnel FC-2 .003 3 402.11 Parasite Destruction* 5-204.11 Location and Placement* Temperature Cooling PHFs Made from Ambient 24. Food and Food Protection FC-3 .004 Temperature Ingredients to 41 25. Equipment and Utensils FC-4 .00 3-402.12 Records,Creation and Retention* 5-205.11 Accessibility,Operation and Maintenance °F/45°F Within 4 Hours* 26. Water,Plumbing and Waste FC-5 .006 590.004(J) Labeling of Ingredients* Supplied with Soap and hand Drying Devices 27. Physical Facility 7 Conformance with Approved Procedures/ 6-301.11 Handwashing Cleanser,Availability 28. 1 Poisonous or Toxic Materials FC-7. .008 HACCP Plans 6-301.12 Hand Drying Provision 129. 1 Special Requirements .009 3-502.11 Specialized Processing Methods* 130. 1 Other 3-502.12 Reduced-Oxygen Packaging Criteria* 8-103.12 1 Conformance with Approved Procedures* S:590Formback6-2doc *Denotes critical item in the federal 1999 Food Code or 105 CMR 590.000. *Denotes critical item in the federal 1999 Food Code or 105 CMR 590.000. VII. Variance — Food (New): �GKANTED A. Richard Smith, owner,,Smitty's Ice Cream--- 3261 Main Street, Barnstable, Map/Parcel 299-018, grease.trap and toilet facility variances. Richard Smith said he will only be selling ice cream. The Board explained a Grease Recovery Device is not necessary. A GRD does not handle ice-cream. The toilet facility will remain the same. There are currently no seats in facility. The Board voted to approve the grease trap variance and the toilet facility variance. °FIHE r°� DATE /j.0/0 FEE: + BARNSrABLE, MASS. Town of Barnstable REC. BY ArED MAC A Board of Health SCHED. DATE: 200 Main Street, Hyannis MA 02601 Office: 508-862-4644 Wayne A.Miller,M.D. FAX: 508-790-6304 Junichi Sawayanagi Paul J.Canniff,D.M.D. VARIANCE REQUEST FORM LOCATION // / y� Property Address: t)tIi'1 /r�///tiT Assessor's Map and Parcel Number: ;�%t-oy s Size of Lot: Wetlands Within 300 Ft. Yes Business Name: ' 'A`S No Subdivision Name: APPLICANT'S NAME: 1g1 c%A-Py 51n f%ly Phone J G� I S—Z r.3 Did the owner of the property authorize you to represent him or her? Yes No PROPERTY OWNER'S NAME CONTACT PERSON Name: eHO�ll 5% 46 Name: L_ 1 l C f��� 9 ,I'%/- Address: ARIW Address: Phone: JV 0 5120 622 6 Phone: a / l o s5`2/3 VARIANCE FROM REGULATION(List Reg.) REASON FOR VARIANCE(May attach if more space needed) NATURE OF WORK: House Addition ❑❑❑❑❑❑. House Renovation ❑ Repair of Failed Septic System Checklist (to be completed by office staff-person.receiving variance request application) Please submit copies in 4 separate completed sets. _ Four(4)copies of the completed variance request form _ Four(4)copies of engineered plan submitted(e.g.septic system plans) _✓ Four(4)copies of labeled dimensional floor plans submitted(e.g.house plans or restaurant kitchen plans) Signed letter stating that the property owner authorized you to represent him/her for this request Applicant understands that the abutters must be notified by certified mail at least ten days prior to meeting date at applicant's expense (for Title V and/or local sewage regulation variances only) Full menu submitted(for grease trap variance requests only) ✓ Variance request application fee collected(no fee for lifeguard modification renewals,grease trap variance renewals[same owner/lessee only], outside dining variance renewals[same owner/leasee only],and variances to repair failed sewage disposal systems[only if no expansion to the building proposed]) Variance request submitted at least 15 days prior to meeting date VARIANCE APPROVED Wayne Miller,Chairman NOT APPROVED Junichi Sawayanagi REASON FOR DISAPPROVAL PaulJ.Canniff,D.M.D. Q:\Application Forms\VARIREQ.DOC MAIL-IN REQUESTS Please mail the completed variance application form to the address below. Also include four copies of engineering plans, house plans, authorization letter, etc. (see check-list below). In addition, please include the required fee amount (see fees at bottom 'of this page). Make $95.00 check payable to: Town of Barnstable. Our mailing address is: Town of.Barnstable . Public Health Division 200 Main Street Hyannis, MA 02601 Checklist _ Four(4)copies of the completed variance request form _ Four(4)copies of engineered plan submitted(e.g.septic system plans) _ Four(4)copies of labeled dimensional floor plans submitted(e.g.house plans or restaurant kitchen plans) _ Signed letter stating that the property owner authorized you to represent him/her for this request _ Applicant understands that the abutters must be notified by certified mail at least ten days prior to meeting date at applicant's expense (for Title V and/or local sewage regulation variances only) _ Full menu submitted(for grease trap variance requests only) _ $95.00 variance request application fee (no fee for lifeguard modification renewals, grease trap variance renewals [same owner/lessee only], outside dining variance renewals[same owner/lessee only ,and variances to repair failed sewage disposal systems[only if no expansion to the building proposed]) Variance request submitted at least 15 days prior to meeting date FOR FAXED REQUESTS Our fax number is (508) 790-6304. Please fax a completed'application form. Also, you must mail the required $95.00 fee. Please make the check payable to: Town of Barnstable. The check must be mailed to the address listed above. In addition, please mail four copies of engineered plans, house plans, authorization letter, etc. (see check-list below): Checklist _ Four(4)copies of engineered plan submitted(e.g.septic system plans) _ Four(4)copies of labeled dimensional floor plans submitted(e.g.house plans or restaurant kitchen plans) _ Signed letter stating that the property owner authorized you to represent him/her for this request _ Applicant understands that the abutters must be notified by certified mail at least ten days prior to meeting date at applicant's expense (for Title V and/or local sewage regulation variances only) _ Full menu submitted(for grease trap variance requests only) _ $95.00 variance request application fee(no fee for lifeguard modification renewals, grease trap variance renewals [same owner/lessee only], outside dining variance renewals[same owner/lessee only],and variances to repair failed sewage disposal systems[only if no expansion to the building proposed]) Variance request submitted at least 15 days prior to meeting date For further assistance on any item above, call (508) 862-4644 i Back to Main Public Health Division Page T ---4 47, I J I I f _F � � _ �- �- �- -t J l- - _ � i �— — � — 1 �— r � � ",,' —, I- - — -f - 1- `� a �— - -� , — t � -� _ - - _ : '— � � � - � r r �-ram } r - ' I_ _ � �� � � Z_ T i_ � i � � i tI i Welcome to Smitty's 3261 Mainstreet Barnstable, MA Hours: 12-10 7 days'a week Ice Cream Qones & Dishes: small: $3.25 large:$4.00 Non-fat yo = vanilla Our famous Sundaes:$4.95 kahlua fudge chocolate hot fudge-strawberries-pineapple strawberry wild cherry-maplenut-caramel Low-fa yo Ur mint chip all sundaes include: whipped cream or vanilla coffee marshmellow peppermint stick mocha chip Fraboe(3 Scoops)$4.40 raspberry chip ti Fray ep Float: $4.95 grapenut Ice Cream Soda:$4.40 mint chip Black Cow (Root Beer Float):$4.25 Sam leer: 4 flavors of your choice: $4.75 No Sugar Added i i it: 2.flavors, 2 toppings, banana, vanilla whipped cream or marshmellow coffee raspberry swirl Hand packed Pints -$5.00 Quarts -$8.00 Sherbet Toppings: M&M, almonds, heath bar, watermelon walnuts orange Freeze: orange, lemon, raspberry, lime watermelon $4.40 Waffle Cones: $1.25 , Sorbet mango lemon X r ;k JUL 2 2 2003 FtHE Town of Barnstable * BARMABLE ' v 039. g' Board of Health �Areo M0�A P.O.Box 534,Hyannis MA 02601 Office: 508-790-6265 Susan G.Rask,KS. FAX: 508-790-6304 Sumner Kaufman,MSPH Wayne Miller,M.D. July 17 2003 Ms. Joanne Michaelson Whistleberries 3261 Main Street Barnstable, MA Dear Ms. Michaelson: On July 15, 2003, you appeared before the Board of Health to request a variance from the Board of Health Regulation PART II, Section 1.00, Regulation #3- Plumbing, which requires inground grease traps at all food establishments (minimum 1,000 gallon capacity). You are granted a conditional variance from this Board of Health Regulation in order to operate a food establishment, without connecting sinks into a minimum 1,000 gallon grease trap as required. The variance is granted with the following conditions: (1) No cooking or grilling of food will be allowed. Only store-bought "pre- prepared muffins may be heated. Only salads, bagels, toast, and sandwiches requiring little or no mayonnaise are authorized to be prepared onsite.. (2) Only disposable single service paper, plastic, and other disposable dishes and utensils are authorized. (3) The under-the-sink grease interceptor shall be cleaned monthly. (4) Easily accessible male and female restrooms are not provided at this food establishment. Therefore, the consumption of foods or meals at this premises is prohibited. Seating of patrons is disallowed. . Q:Michaelson PAP This variance decision letter shall b food service permit for future vie win of on the wall adjacent to the inspections, g health inspectors during (6) In the event that this business is sold or transferred, licensee and the owner have the duty to inform any both the current Purchasers of the existence of these variances and d thefact the Board has d all potential explicitly made them non-transferable. (7) This variance may be revoked anytime un observed. sanitary conditions are Sinc ely your W ne iller, M.D. Chairm n BOAR OF HEALTH TOWN OF BARNSTABLE O ichaelson +..wre_drxwwm.:.��sr �r_a:...•..,wT:->x,v. ....5•sr,'hs,tn i�v�fGti ��� ;cm"r's"'�'k4.,. ,m...d.Cvwe� . .:.rm,�w� SMALL LARGE 8'���:r $ `sS�CY�EB F :. Coffee $1.25 $1.75 � »T - Tea $1.0() 1.25 µ ,.: r b .t „t, ti..zcrCl MWAI Cappuccino $2.50 $3.00 _ • Lattc $2.50 Milkyway Latte $2.99 $3.99 1 Single Donble Triple • Espresso $ $2.25 3 25 Milk. Fresh Squeezed Orange Juice $1.75 xz:1ti . • , �aat7i BREAKFAST 1'gast(2 slices)-- $1.00 White,Wheat, I'unipernickle &. :: ��; • • • • � , x c: COFi EE 7k Portuguese Muffin • , a el wf Cream Chccse---------$1:i0 S E I'12I�SSO: {x Bagel _ - 1�nS�I�lzlrs ,f Break f'Is 3_gandw ch --------- $3.75:" a>; • . . 1 n h . � I Iam, Egg& Cbecse, Sallsa�C; Egg Y ' • • • j F' ck- BREAKFAST.. �c Cheese or Bacon, Lgg& ChccSc �y' •• • • tr x s � Served on your choice of Wrap or y; WRA11S �x Portuguese Muffiia. ;. •' i F ;�R SANDWICHES c"4 'fry (jut scrariibled eggs steamed on i50r, �a ucc no S()UI' MachihOW DESSI;R'I S .. r,''. - • • . •• eau N�,iz� _ s 2 Assorted Muffins 8c Pastries also (� �K ° YCr, C1ZLt1M. ,t$, availaWc .. r • J • . • i L`.' �1 �i� �• . •. rr ; �, 4rt P's�L t �tR,s`k .i 1 r 1a ,"9''aN'ar' .r.A'z t rf"n':; a ..,:.t d ;Ff�,'1rf � x �Jtr, -"r;•;�.,,. .:.n.,> c �.�ar� 3Y-�. '� r.;. LUNCH "THE-LITTLE ITALY...........................$5.50 Thinly Sliced Genoa Salami. Spicy Haan Cappy, Whistleberry's Salads ° ' Mortadella, Sweet Cappicolla., Picante Provolone A Mixture of Fresh Green Leaf &Whistleberry s Marinated Onion Dressing Lettuce, Tomato, Cucumber, "TURKEY GOBBLER -$5.50 Onion, & Sprouts , Thinly Slued Oven Gold Turkey Breast,Cranberry Side-----------------------------------$3.99ea • � � � Sauce, Stuffing,Mayo Large---------------------------------$5.5 0ea Classic Caesar--------------------$5.50ea r "THE COURT HOUSE.......................$5.50 Grilled Chicken Caesar-----$6.75ea Thinly sliced Deluxe Roast Beef,Sharp Cheddar ----------- 6.25ea Cheese, Green Leaf Lettuce, Onion,Tomato Classic Chef-------=---- ,$ • ..Greek--------------------w-----------$5.50ea _ • . ° "THE COUNCELOR'-------------------------$5.99 Fresh Fran Cu --$3.25ea P- Thinly sliced Oven Gold Turkey, Deluxe Roast SANDWICHES AND WRAPS Beef, Black Forest Ham &Imported Swiss with Served on yot ir.choice of White, _ Honey Mustard, Green Leaf&Tomato Wheat, Spinach, Sun-dried ® lot "VEGETARAIN'S DELIGHT...........$5.25 Green . Tomato & Garlic &Herb Wrap or Leaf Lettuce, Cucumbers, Sprouts, Onion,Tomato, White , Wheat, Oat Nut, & 7 , . , , �' Roasted Red Peppers,Mushrooms,Olives,your Grain Breads. choice of cheese & Dressing "THE MEDITERRANEAN"-.................$5.50 sl,rr� .............$5.50 Roasted Red Peppers,Hunlnlus,Tabouli,Tomato, Onion,Fe"ta on a Spinach Wrap "THE HENNY PENNY" --$2.99 Classic Egg Salad with Lettuce, "THE ALAMO"---------------------------------$5.50 Onion on Your Choice of Bread 0 1 ® Grilled Chicken,Melted Sharp Cheddar,Onions. Toauato,Salsa, Hot Sauce & Ranch Dressing on a "THE OINK"-----------------------$5.50 1 White Wrap Thinly Sliced Black Forest Hana, Imported-I Tomato, Green Leaf ; Lettuce,Red Onion,Deli Mustard I�! niejted on•a Sundried Toaniato Wrap f Q�oFTHE r TOWN OF BARNSTABLE OFFICE OF 31AMSTMM i BOARD OF HEALTH .� tlA8& aj �p 1639. `00 367 MAIN STREET HYANNIS,MASS.02601 March 25, 2002 Floyd Silvia Silvia & Silvia Associates 619 Main Street Centerville, MA 02632 RE: Whistleberries, 3261 Main Street, Barnstable Dear Mr. Silvia: It has come to our attention that you failed to notify Mr. or Mrs. Dal Cielo of the fact that the Board made the variances non-transferable. You are hereby officially notified of a Condition #6 in regards to the variance granted to Mr. and Mrs. Dal Cielo which reads as follows: In the event that this business is sold or transferred, both the owner of the building and the licensee have the duty to inform any and all potential purchasers of the existence of these variances and the fact the Board has explicitly made them non-transferable. We wish to make it clear that the Board of Health will not grant any future food establishment operators to operate at this site with seats for patrons unless two restroom facilities are provided for male and female patrons and male and female workers. It is your responsibility to inform any and all future potential business owners at this site of this condition. Failure to inform a future potential business owner of this condition will result in legal action against you. Sin;ner yours, S aufman, M PH Acting Chairman Board of Health Town of Barnstable SGR/bcs Return receipt requested whistleberries FINE l DATE: O FEE: C5v 0ss. REC. BY 9�AT s63q. A��� y�� .a oti '_avn of Barnstable SCHED. DATE:4�5 �> Board of Health 200 Main Street,Hyannis MA 02601 Office: 508-862-4644 Susan G.Rask,R.S. FAX: 508-790-6304 Sumner Kaufman,M.S.P.H. Wayne A.Miller,M.D. VARIANCE REQUEST FORM LOCATION Property Address: (p Y v IG i.1 IL OG ef. S bA06.,. Al 6Q (O 3 0 Assessor's Map and Parcel Number: �R�/n ' �� Size of Lot: 4405 -Gat Wetlands Within 300 Ft. Yes Business Name: Wk i s I e62t2rLt ¢S No Subdivision Name: r APPLICANT'S NAME:))po f 1 r,nn 1A-1 C i 2`-Q * Phone l ci( �3 5- 103 0 Did the owner of the property authorize you to represent him or her? Yes No * "roan S ow(WA5 PROPERTY OWNER'S NAME CONTACT PERSON Name: S 1 kl 1 C. a �i �V"t�. Name: Address: CO �7 Mc',n 5f�c��Gvt�°u2.1 t(IG�#44 Address: 2 3 Sp ica SE . WasL Phone�O� q Phone: gj"3`�5" 1 9J S VARIANCE FROM REGULATION(List Reg.) REASON FOR VARIANCE(May attach if more space needed) Wt,.tS1"c.W.e—i NATURE OF WORK: House Addition 1100000 House Renovation ❑ Repair of Failed Septic System 0 Checklist(to be completed by office staff person receiving variance request application) _ Four(4)copies of the completed variance request form _ to.(4)copies of labeled dimensional floor plans submitted(e.g.house plans or restaurant kitchen plans) _ g o 0 _ pl'cant derst ds the ab ers be ie at l t ense fo Ti or local sewage regu anon variances only) _ Full menu submitted(for grease trap variance requests only) _ Variance request application fee collected (no fee for lifeguard modification renewals, grease trap variance renewals (same owner/leasee only],outside dining variance renewals[same owner/leasee only],and variances to repair failed sewage disposal systems [only if no expansion to the building proposed]) _ Variance request submitted at least 15 days prior to meeting date VARIANCE APPROVED Susan G.Rask,R.S.,Chairman NOT APPROVED Sumner Kaufman,M.S.P.H. REASON FOR DISAPPROVAL Wayne A.Miller,M.D. Q:\HEALTH\WPFILES\VARIREQ.DOC Ai 2,34C • �T � � di v .eat 1 J r JG 32 5�J rryXl ?0 �, •as � • "For 9 3J °[ a":)� r•@4Cs a ..-'..r 4 a .. 24 6/4 O o'oA �. a 4; 4c e ►yo[ c rforr as a •ej�a 8� ''j' ..:1,• �• .. .. ., Iq.� t '[•ass y� At 40 eZ .50 o [O♦ ,a ` • O B0 .43 t o /19 • ( r6Al. ` .p ��\�\ 8�•S : aye 1411. a` n ` sq d d '+_ 44 I t O . vi Ge n t� eo a Gl _� PREPaaan ,u ro ,+.� �•..'^. _. _.._ I ' 4 i ' A.M.Wilson Associates Inc. Barnstable Board of Health P. O. Box 534 Town Hall 367 Main Street ' Hyannis, MA 02601 ' RE: Request for Variances Whistleberries 3261 Main Street, Unit 3 Barnstable, MA 02630 (our file 2 . 0812 .2) ' Dear Board Members: Attached, please find an Application for Variances filed on behalf ' of "Whistleberries", a coffee and sandwich shop located in Unit 3 of 3261 Main Street, Barnstable Village. This is the same location formerly occupied by "The Ice Cream Scoop" . ' Whistleberries is owned and operated by Heidi A. Pleso and Kathryn B. McCarthy-Martin, both of whom are residents of the Town. -, The Variance Application seeks permission to continue the Variances issued to each former operator of a food service at the site since 1989 to: 1) maintain at least 6 seats for patrons inside the shop; 2) utilize an under sink grease separator; and 3) operate with a single, unisex bathroom. ' There seems to have been some confusion about "cooking" on premises when the original Variance requests were filed for this ' operation last winter. Although some menu items are warmed in a microwave, and breads may be toasted in a toaster oven, no actual cooking is done on premises. Soups are brought in pre-cooked and kept hot in warming kettles. Coffee and coffee drinks are made ' on-site. The closest approach to "cooking" is the use of the cappuccino machine to steam eggs in paper cups for breakfast service. A copy of Whistleberries regular menu and a typical ' Specials Menu are attached. P.O. Box 486 508 375 0327 3261 Main Street 508 4281450 ' Barnstable, MA 02630 FAX 375 0329 There are no grills or griddles. All food service is done in ' disposable paper or plastic ware, or in aluminum wrappers. Food warming and toasting is also done on paper or aluminum foil. Although the only washing required by the operation is for cutting and spreading implements, bulk storage containers, hands and work surfaces, Whistleberries installed a new, larger capacity hot water heater before opening. They also installed a new, larger under-sink grease separator, although the Board had found the smaller one to be suitable for previous site operators. Based on a review of your records, as well as my personal familiarity with .the site, it appears that every operator of a food service establishment at this location since 1989 has received variances to operate with 6 inside seats, under-sink ' grease se ator, and a single, unisex bathroom accessed by patrons ,form' outside the building. All the operators have also had a "n oking" clause in their permits. Yet, at least the previous two operators, Mrs. Kennedy and Mr. Deandrade maintained ' electric grills and griddles on which they prepared such items as grilled cheese sandwiches, bacon, shrimp and hotdogs. I am aware through personal experience and through discussions with the property owner, that multiple inquiries were made of your office for each of these operations. Your staff must have been of the understanding that the preparation of food on grills and griddles ' did not violate the "no cooking" stipulation of the permits, because no steps were ever made to require their removal. Because Whistleberries does not utilize a grill, and because all warming is done on disposable paper or foil, they generate less grease on a day to day basis than the previous operations at the site. Barnstable Village is a walking community during the day. The vast majority of Whistleberries patrons walk to the site from ' their places of employment or their homes. The relatively small amount of on-site parking encourages this trian access. Consequently, the need for patron related 1rest rooms ' s significantly lower than at a destination res n . We believe ' the Board has recognized this fact previously in the granting of variances from the need for segregated patron bathrooms. Further, the combined seating and standing capacity of the shop is ' significantly less than 50. With this low capacity, your own regulations do not require separate toilets for patrons. The location of and access to toilet facilities in the building is ' dictated by its original use; a gas station. The building is listed on the State and Federal Registers of Historic Places. Its remodelling into other commercial uses won local awards. But its ' historic listing does limit the type of changes which can be made I 1 to the structure. Largely because of these constraints, each unit g Y in the building has a single, unisex bathroom. The bathroom for the food service unit is the original patron bathroom for the gas station. Thus, its pubic access is and has been historically from the outside. It is, however, only a few steps from the food shop ' counter to the public access for the bathroom. The two are much closer together than the average restaurant seat to the average restaurant bathroom. We would also remind the Board that there are similar food shops throughout the Town without patron bathroom but with at least as many inside patron seats as are being requested here; most ' notably,. the Box Lunch in Hyannis and the Cheese Shop in Osterville. As to the issue of sex segregated bathrooms, your regulations do ' not contain such a requirement. Clearly, since at least 1989 the Board found the existing bathroom to be sufficiently "convenient" for the employees - and others - to issues operating permits ' for the site. The only difference between this operator and the previous operator, again based on personal experience, is that the current operator maintains the facility in a safe, clean, sanitary manner and abides both by the letter and the spirit of your "no cooking" stipulation, whereas the previous operator did not. Please let us know when the Board will hear these Variance requests so that we can be present to answer your questions. In the mean time, should you require any additional information, please don't hesitate to contact our office. ' Yours, A. M. WILSON ASSOCIATES, INC. Arlene M. lson _5� Principal nvironmental Planner ' Attachment ' cc: Ms Pleso Ms McCarthy-Martin Floyd J. Silvia 599aw24 JAC AA • I • sae - t tOwt'Out, 7 o f J?� a • J rrr 1 32 _ w actor ` F •. 9 �s•a/ / e 24 I F SO AC, `\ 4 gee 64 .. as •' •a140 .. � r /e a/+•.. t r , Qa; yP k i Na :�� _ •'� 6 ' .�® ems) 'y e•� 414 /mil 9'J a gat 0 7So•c �4 y F 61, Ott •� -•fin,.. I •. .. .•by Q ;� ••i2:1. M 6 i.r7a ,4j !aC >W •j W4r •taae. r,'. i. 6,0 ~.j2 c '.NOR 4,j . � © •72 w � � Get �'t -� ba ti`rd Gs ca I• t a O :I:UaG:i. PREPARFD , nn• �cZ9 A� -z fit 0 42 ntv11 IV `.lJ I J ; `pin, - 't r � tv " rb CY InJ � a,u. Nil 1 EL.•9 B.d f. T.40�S Tor a cf.I•I .� �. WATER RIM m ti a)F�PG INFORMATION TAKEN FROM ♦ TOPOGRAPHIC PLAN OF LAND l D N C° ` \ . ARNSTABL! MA..DATED - 5 •P o IN B ' $VF, P�p{ �� l� a♦� {t�' \oy ���.D, ci ° AUGUST S.1905. BY.8SC GROUP, .._- dSSP F\5`0 Afl �o�) ��p ♦ �. ��` j ,i` BARNSTABLE VILLAGE,MA. WAT t06 F .`5� f •IATr LOCATION MAP tiZ .�� c.eda/N t 'D• 4 �' �� ASSESSORS MAP 299, i MAP g M PARCEL !8 — r�p p� N s tA4 p.♦ - f ?i oMct nu.: ZONE -VB-A �4Pt - �iti / film .N® '' t - a1LIr•LOT SIZE-10,000 aR .Worm =Soo EXISTING ca 't� 0 Fr S♦t WZ FROM rAci- to' CONDITIONS - FRONT TD.- !o i ' Gad Ap'�bh`i ���p' B/TYN/NOYJ MCNE7r' } REAR YD. - so PLAN OF LAND ;. `� ♦}� - 1� PARRKIN49 REA _ .. SIDE 70. - !O. TOTAL(NOOOTNLAsa/D£!w IN PSTEP! ..10 `K LOT COVERAGE- MIA BARNSTABLE, ♦�a A.' Iro \` = ^ c (BARNSTABLE VILLAGE) J� ••' MAPLE '+`b. e ~ MA. MS J w m •s y ? AREA \�{ q,*♦ ► ; { �. 3 • •r TOTAL LOT 12.931 of s apo4 � c F,O�q F 5 C.MASIN L C e •• - j+ (�f• ' RNI.9f..1• - AW OPLANTER 06' ., / :• a q �\ struNINOUS CONCRETE B.M.EL•rOgOO' PARKIMa AREA k 1 ►` NW CoN.eogt.WALL •�.. �Q < r lroAr / 0 q mer? WOOD FRANC :'� '� \ rfsuo•a.e ` OFFICE BUILDING ' , $ I3r FLOOR EL.•98.5S' .,• A tpQ p� SILVIA S SILVIA S• 'SOP F �F' I • ri'• •J ♦ �o ty t a(�a� /•y♦. .. Uri/ai r / LE t J •• e, 41 A.M. Wilson s CONCRETE PA O Associates 9B GRASS ,�♦ s W/MCAT PtO/P Inc- '. NOTE: C♦O .g, y+• �, �qh� 1 1. 1 THE PROPERTY LINE INFORMATON SHOWN Oe..a„���07655 GZ {, BULKHEAD HEREON WAS COMP/LED FROM R£CORO •• f BRASS DEEDS AND PLANS AND ODES NOT REPRESENT 617-♦7e-ISO 1 1 n � �lQ• A SURVEY ON THE GROUND. Ore.mq Tplr O ' 2.1 THE TOPOGRAPHIC DATA SHOWN WAS OBTAINED •.•i q4,I BY STADIA SURVEY ON OR BETWEEN AUGUST 2 AND 7, I985. ORA/N •IF P'� - 3.1 THE VERTICAL DATUM USED -ASSUMED. ' }5 nj89 FOR BENCH MARKS SET SEE PLAN. LEGEND. a` L.0 e.I•a - LAND COUNT SOUND POUND BU/LD/NG ° - 00/0 M. - CONCRETE BOUND Wi DRI" MOLE *'• (E+t+l1*V FooWtRl) - 0,440 It aL OWNER' FC OYD d e AONALD aSlLY/A D.M.LM. - DRILL MOLE FOUND LC.e.hG BU/LD/N6 . ' CTF. 90185 L.CC. 15639•8 —OMW— - OVERHEAD WINE! - - •••n - EXISTING SPOT ELEVATION /C7oi! /R/ggrl J,B89! D.L ' ' I PARKINS SPACES o n m r tt r /3 (EAa!/Ryl .•ale 'D.q Yo eC. ,, - 2.0I2 6 0 I Liil 1 -- -- . D 1 1 OFF' - r WHISTLEBERRIES - - - , - , 1 � v JUL 2 2 2003 �FTNE "* Town of Barnstable �A i6g9. A Board of Health rFD MA'l P.O.Box 534,Hyannis MA 02601 Office: 508-790-6265 Susan G.Rask,R.S. FAX: 508-790-6304 Sumner Kaufman,MSPH Wayne Miller,M.D. July 17,2003 Ms. Joanne Michaelson Whistleberries 3261 Main Street Barnstable, MA Dear Ms. Michaelson: On July 15, 2003, you appeared before the Board of Health to request a variance from the Board of Health Regulation PART II, Section 1.00, Regulation #3- Plumbing, which requires inground grease traps at all food establishments (minimum 1,000 gallon capacity). You are granted a conditional variance from this Board of Health Regulation in order to operate a food establishment, without connecting sinks into a minimum 1,000 gallon grease trap as required. The variance is granted with the following conditions: (1) No cooking or grilling of food will be allowed. Only store-bought "pre- prepared" muffins may be heated. Only salads, bagels, toast, and sandwiches requiring little or no mayonnaise are authorized to be prepared onsite. (2) Only disposable single service paper, plastic, and other disposable dishes and utensils are authorized. (3) The under-the-sink grease interceptor shall be cleaned monthly. (4) Easily accessible male and female restrooms are not provided at this food establishment. Therefore, the consumption of foods or meals at this premises is prohibited. Seating of patrons is disallowed. Q:Michaelson (5) This variance decision letter shall be posted on the wall adjacent to the _ food service permit for future viewing of health inspectors during inspections. (6) In the event that this business is sold or transferred, both the current licensee and the owner have the duty to inform any and all potential purchasers of the existence of these variances and the fact the Board has explicitly made them non-transferable. (7) This variance may be revoked anytime unsanitary conditions are observed. Sinc ely your W ne iller, M.D. Chairm n BOAR OF HEALTH TOWN OF BARNSTABLE Q NEchaelson I l ✓ ,per DATE * BARNSTABLE. 9�a 6 9 ��� R �. ev Mp�a Town of Barnst bjk y���N�p��E Board of Health �oW"EA`�H� 200 Main Street, Hyannis MA 02601 Office: 508-862-4644 Susan G.Rask,R.S. FAX: 508-790-6304 Sumner Kaufman,M.S.P.H, Wayne A.Miller,M.D. VARIANCE REQUEST FORM LOCATION Property Address: /7 -�� �Assessor's Map and Parcel Number: �� Size of Lot: Wetlands Within 300 Ft. Yes Business Name: No Subdivision Name: c,. 2 �G APPLICANT'S NAME: �Y11�: i�G Phone%� Did the owner of the property authorize you to represent him or her? Yes No PROPERTY OWNER'S NAME CONTACT PERSON Nam : , ke� 1011-� Name: i Address: Address: Phone: Phone: VARIANCE FROM REGULATION(List Reg.) REASON FOR VARIANCE(May attach if more space needed) NATURE OF WORK: House Addition ❑ House Renovation ❑ Repair of Failed Septic System ❑ Checklist(to be completed by office staff-person receiving variance request application) Four(4)copies of the completed variance request form Four(4)copies of engineered plan submitted(e.g.septic system plans) Four(4)copies of labeled dimensional floor plans submitted(e.g.house plans or restaurant kitchen plans) _ Signed letter stating that the property owner authorized you to represent him/her for this request _ Applicant understands that the abutters must be notified by certified mail at least ten days prior to meeting date at applicant's expense (for Title V and/or local sewage regulation variances only) Full menu submitted(for grease trap variance requests only) Variance request application fee collected (no fee for lifeguard modification renewals, grease trap variance renewals [same owner/lessee only],outside dining variance renewals[same owner/leasee only],and variances to repair failed sewage disposal systems [only if no expansion to the building proposed]) Variance request submitted at least 15 days prior to meeting date VARIANCE APPROVED Susan G.Rask,R.S.,Chairman NOT APPROVED Sumner Kaufman,M.S.P.H. REASON FOR DISAPPROVAL Wayne A.Miller,M.D. Q:\HEALTH\Application Forms\VARIREQ.DOC EXIT WINDOW p a Interior of th "ICE CREAM SCOOP" KITCHEN AREA sq. Ft. v ° 0 z Counter BATH q0m tr. F Counter �-Storage Window EXIT Y ,t� t�tie sFt ,'i-,� SMALL LARGE- Coffee Tea $1.00 $1.25 Cappuccino $2.50 $3.00 Latte P.50 $3:00 tX4n��A,�isY"""htkt�"I',c,�3$.����T .ak���.fr's�a.���,�z�S�'t�rw1 �.,,`.��"ka's�'°�edrl..,��.°"e �x��:.,�����G�.S9o�t.3��h S,a•�"4 4.FE�`a`.... �>?�m.t��4,fnY s Fk` .�: , • Milkyway Latte ,$2.99 $3.99 � "`' y ` a `� xs� � • �, "� Single Double 'Triple - �'` 1 • • espresso $1.25 $2.25 ,$3.25 Milk x 431 ti ✓ A ! 14 t a Fresh Squeezed Orange Juice ,$1.75 ST l oast(2 slices) =- ----- -- $1 00 • :n " White. Wheat Pumperniekle�& �� � .y� �� COI'I I� Portuguese Muffingpi 13age1 w/C_rc t-m Cheese ----$150. � -PASTRIES PASTRIES Breakfast-Sandwich --- ----- $3 75 • • : • d I Iam, I gg be Cheese, Sausigc, I'gg' • F 13RI3AKI AS'1 v & Cheese or Bacon, Egg,& Clicesc • '� ' 7 '' Served on your choice of Wr RAPS Portuguese Muffin. - �f • SANDWICH. S . ' tour scrdm 1 rSf Try1�ed e�;g5 • raAt zr SOUP steamed =on,-u- ( Appuccino t k • . • 1VY'acl,ine.iia :• I)r SSEX S' Assorted Muffins & Pastries also % • • • `x ACE.CRLAIVI r; available ..a�E _� 'r � w • i • :• • d �` ta�s�.x1��^.,�a��y�x: ����������Y���ls`•�,�,,,���u7to '§%'4�4�F'�°,sr=�Xi ',�JA���'��. ..:. ._.+r T .:- ..x. .. ..� ) ,;... 0 r T � �w 1Y ';v +n .. - m.t r.nm ,�..•.A^ �r..r.-.'-ac+�?^-f",s�.InuwM MWM�'��'S'�T`""' ibWy+,KhZW4.>iMM�.�v1tb6#Vi9ri7k�I:iMSM9:jfr�'.d'.>n4'YY'. r �dtiiNNF+MYNAMIANFmeW FNpkN'KVXAt'k1MTidei+',YMY.f.J�faHflAdNd/S.'.NikoPW`e,Y"it.WFY7M1SiM�'l1�1Y4541CV$GNJIN�kiNf{X4Y E.�4iq' .t. 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Tin �rJ�... 41�7'r,•.aK{ �, "^ ''a�L � .-0'4".. .. •"`� .G., ..?k J?-hx. .,2K „�''st�`u i• "N�'i'a� . LYJNCH "THE LITTLE ITALY---------------------------$5.50 Thinly Sliced Genoa Salami, Spicy Hans Cappy, Whistleberry's Salads Mortadella, Sweet Cappicolla, ,Picante Provolone A Mixture of Fresh Green Leaf • `° &Whistleberry's Marinated Onion Dressing JLettuce, Tomato, Cucumber, • "TURKEY GOBBLER" ---------- --- 5.50 Onion, & Sprouts - --- ------- $ �. 0 Thinly Sliced Oven Gold Turkey Breast, y '• Cranberry :.� • ' ;j Large- ----------------- • • Satice, Stuffing, Mayo ----- -$5.50ea I1 Classic Caesar--------------------$5.50ea • �' "THE COURT HOUSE"---------------------$5.50 Grilled Chicken Caesar-----$6.75ea Thinly sliced Deluxe Roast Beef, Sharp Cheddar Classic Chef----------- $6 25ea -----"----- ' Cheese, Green Leaf Lettuce, Onion,Tomato Greek--------------------=-----------$5.50ea Fresh Fruit Cu $3.25ea ® • • "THE COUNCELOR...........................$5.99 • s Thinly sliced Oven Gold Turkey, Deluxe Roast SANDWICHES AND WRAPS Beef, Black Forest Ham &Imported Swiss with Served on your choice of White, Honey Mustard, Green Leaf&Tomato t Wheat, Spinach, Sun-dried • Tomato & Garlic & Herb Wrap or ® '•' VEGETARAIN'S DELIGHT...........$5.25 Green • Leaf Lettuce, Cucumbers, Sprouts, Onion,Tomato, White , Wheat, Oat Nut, & 7 �' Roasted Red Peppers, Mushrooms, Olives,your r Grain Breads. choice of cheese & Dressing '11,1Y i%*I h are r:I "THE MEDITERRANEAN....................$5.50 SaC,rrr °p'C%''r:t fJ...........$5.50 Roasted Red Peppers, Hunum►s,Tabouli,Tomato, ' Onion,Feta on a Spinach Wrap "THE HENNY PENNY" --$2.99 Classic Egg Salad with Lettuce, ! ' ® "THE ALAMO...................................$5.50 Onion on Your Choice of Bread ® ® Grilled Chicken, Melted Sharp Cheddar, Onions. Tomato,Salsa , Hot Sauce & Ranch Dressing on a "THE OINK" ----$5.50 -----------------•- �Thinly Sliced Black Forest Hani, White Wrap Imported'Swiss;,Tomato. Green Leaf Lettuce.Red Onion,Deli Mustard • melted on•a Sundried Toaniato Wrap I Drn , 1-0 60 lyld4eomey i1grx�e4 Lei °F IHE.t Town of Barnstable * BARNSTABLE, MASS. � i639• Board of Health p �� jEp��A P.O.Box 534,Hyannis MA 02601 Office: 508-790-6265 Susan G.Rask,R.S. FAX: 508-790-6304 Sumner Kaufman,MSPH Wayne Miller,M.D. March 22,2002 Mr. Don and Mrs. Jennifer Dal Cielo 23 Spruce Street West Barnstable, MA T �� r , Dear Mr. and Mrs. Dal Cielo: On March 19, 2002, you appeared before the Board of Health to request two (2) variances from the Board of Health Regulation PART 11, Section 1.00, Regulation #10- Plumbing, which requires inground grease traps at all food establishments (minimum 1,000 gallon capacity) and from the Board of Health Regulation PART II, Section 1.00, Regulation #11- Toilet Facilities, which requires separate male and female toilet facilities at all food establishments for the employees and for the patrons. You are granted a conditional variance from Board of Health Regulation Part II, Section 1.00, Regulation 10, PLUMBING in order to operate a food establishment, without connecting sinks into a minimum 1,000 gallon grease trap as required. The variance is granted with the following conditions: (1) No cooking of food will be allowed. Chicken shall not be grilled onsite. Only store-bought "pre-prepared" muffins may be heated. Only salads, bagels, toast, and sandwiches requiring little or no mayonnaise are authorized to be prepared onsite. (2) Only disposable single service paper, plastic, and other disposable dishes and utensils are authorized. (3) The under-the-sink grease interceptor shall be cleaned monthly. Q:DalCielo a r F�♦ C"J , 'J (4) This variance may be revoked anytime unsanitary conditions are observed. You are also granted a conditional variance from PART II, Section 1.00, Regulation #11 - TOILET FACILITIES which will allow you to provide six (6) seats for patrons with the following conditions: (1) You shall make a restroom conveniently accessible to patrons in such a way as to ensure that the customers do not travel through the food preparation area. Currently, there is one toilet facility provided at this food establishment which is not accessible to patrons. It is currently only accessible to employees of the food establishment. The restroom shall be made accessible to patrons prior to the installation of any seats. (2) No more than six (6) seats are authorized indoors. Seating is not authorized outdoors. (3) No more than two female or two male employees are authorized to be employed at this food establishment at the same time. (4) This conditional.variance may be revoked should any unsanitary conditions be observed at the public restroom during operation of this food establishment. (5) This variance decision letter shall be posted on the wall adjacent to the food service permit for future viewing of health inspectors during inspections. (6) In the event that this business is sold or transferred, both the current licensee and the owner have the duty to inform any and all potential purchasers of the existence of these variances and the fact the Board has explicitly made them non-transferable. Sincerelv yours, umner Kau man, M.S.P.H. Acting Chairman BOARD OF HEALTH Q:DaWielo r l t Q A.M.Wilson Associates Inc. 1 June 29, 1999 Barnstable Board of Health Town Hall P.O. Box 534 Hyannis, MA 02601 RE: Whistleberries 3261 Main Street, Barnstable (Our File No. 2 . 0812. 03) Dear Mr. McKeon: On Saturday, 6/25/99, my clients received the attached letter from your Board. It left them and myself a little puzzled. First, I thought we had made it clear that the "Ice Cream Scoop" no longer exists. The previous owner/operator went out of business. My clients, Ms. Pelso and Ms. McCarthy did not buy or otherwise take over that entity. Any variance or other permit issued to "The Ice Cream Scoop" therefore has no validity. Secondly, the business owned and operated by my clients, Whistleberries, is located at 3261 Main St. , Barnstable, not 605 Main Street. Third, my understanding of the Variance granted to Whistleberries on 5/25/99 was to allow them to have 6 seats in the facility without adding any bathrooms. The bathroom is not required to be available to the public. There was no vote to limit the number or sex of employees for the business. Nor was there any vote relative to the use of bathrooms elsewhere in the building. In fact, I believe that Mr. Kaufman specifically suggested that requirement was unworkable and to delete it, especially in light of the fact that each business in the building has a single, uni-sex bathroom. I imagine you will want to draft a new variance running`pto:: "Whistleberries" at its actual place of business. It should reflect the new vote taken by the Board rather than the conditons of the previous variance which no longer apply. Also, as the consultant involved, I would appreciate receipt of a' cop,I when its ready. P.O. Box 486 508 375 0327 3261 Main Street 508 4281450 Barnstable, MA 02630 FAX 375 0329 Thank you for your assistance in this matter. Please don't hesitate to call if you have any questions. Yours, A. M. WILSON ASSOCIATES, INC. Arlene M. W' lson, PWS Principal Environmental Planner 699AW46/csp FTHETD�y TOWN OF BARNSTABLE OFFICE OF = HABa9TABb BOARD OF HEALTH y rnsa °°ems i639' 367 MAIN STREET 'e0 MAY " HYANNIS, MASS. 02601 June 3, 1999 Heidi Pleso and Kathryn McCarthy-Martin 3261 Main Street Barnstable, MA 02630 RE: Whistleberries, 3261 Main Street, Barnstable, Unit 3 Dear Ms Pleso and Ms. McCarthy-Martin: You are granted a conditional variance from the Board of Health "Revised Supplement To Minimum Sanitation Standards For Food Service Establishments Regulation". The variance will allow you to provide six (6) seats for patrons with the following conditions: (1) Patrons shall not be allowed to travel through the food preparation area to utilize the toilet facility. They shall be provided access to a conveniently located toilet facility onsite. (2) No more than six (6) seats are authorized indoors. Seating is not authorized outdoors. (3) No more than two female or two male employees are authorized to be employed at this food establishment. If both sexes are employed at the same time, the bathroom in the adjacent office shall be exclusively utilized by the employees of the restaurant. (4) This conditional variance may be revoked should any unsanitary conditions be observed at the public restroom during operation of this food establishment. (5) This variance decision letter shall be posted on the wall adjacent to the food service permit for future viewing of health inspectors during inspections. (6) In the event that this business is sold or transferred both the current licensee and the owner have the duty to inform any and all potential pleso I� f purchasers of the existence of these variances and the fact the Board has explicitly made them non-transferable. Sincerely yours, Susan G. Rask, R.S. Chairman Board of Health Town of Barnstable SGR/bcs cc: Floyd Silvia pleso i 2 Z E03 498 732 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International)Mail(See reverse Sent to Street&Num Y Post Office te,&ZIP Code o 3 - Postage $ j3 Certified Fee .G s� Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom&Date Delivered n Return Receipt Showing to Whom, Q Date,&Addressee's Address 0 TOTAL Postage&Fees $ , Postmark or Date *w. a Stick postage stamps to article to cover First-Class postage,certified mail fee,and charges for any selected optional services(See front). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier(no extra charge). �. 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the a1i return address of the article,date,detach,and retain the receipt,and mail the article. LO 3. If you want a return receipt,write the certified mail number and your name and address 0) II on a return receipt card,Form 3811,and attach it to the front of the article by means of the ih gummed ends if space permits. Otherwise,affix to back of article. Endorse front of article a RETURN RECEIPT REQUESTED adjacent to the number. Q 4. If you want delivery restricted to the addressee, or to an authorized agent of the 0 addressee,endorse RESTRICTED DELIVERY on the front of the article. M 5. Enter fees for the services requested in the appropriate spaces on the front of this E receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3811. ti 6. Save this receipt and present it if you make an inquiry. 102595-97-B-0145 d f ' TOWN OF BARNSTABLE THE TO w OFFICE OF 13A$39TAIM : BOARD OF HEALTH y NAB& 1639' 367 MAIN STREET HYANNIS, MASS.02601 June 2, 1999 Floyd Silvia Silvia& Silvia Associates 619 Main Street Centerville,MA 02632 RE: Ice Cream Scoop, 3261 Main Street, Barnstable Dear Mr. Silvia: You are hereby officially notified of a Condition#6 in regards to the variance granted to Ms. Pelso and Ms. McCarthy-Martin which reads as follows: In the event that this business is sold or transferred, both the owner of the building and the licensee have the duty to inform any and all potential purchasers of the existence of these variances and the fact the Board has explicitly made them non- transferable. We wish to make it clear that the Board of Health will not grant any future food establishment operators to operate at this site with seats for patrons unless two restroom facilities are provided for male and female patrons and male and female workers. It is your responsibility to inform any and all future potential business owners at this site of this condition, Sincerely yours, Susan G. Ras , R.S. Chairperson Board of Health Town of Barnstable SGR/bcs Return receipt requested d SENDER: I also wish to receive the ■Complete items 1 and/or 2 for additional services. m ■Complete items 3,4i,and 4b. following services(for an ■Prim your name and address on the reverse of this form so that we can return this extra fee): card to you. ■Attach this font to the front of the mailpiece,or on the back if space does not • ❑ Addressee's Address permit. ■write'Retum Receipt Requested'on the mailpiece below the article number. 2, ❑ Restricted Delivery y ■The Return Receipt will show to whom the article was delivered and the date c delivered. Consult postmaster for fee. 0 3.Article Addressed to: 4a.Article Number f� :z o?D 3 Y-/�� 7�3` ICEE J � - G 4b.Service Type d 0 ❑ Registered [ 'Certified IX W &//y �' ❑ Express Mail ❑ Insured —cm _ y ❑ Return Receipt for Merchandise ❑ COD 7.Date Deli ry Z p5-Received By:(Print Name) 8.Add esse 's A dress(Only if requested W and fee is paid) g 6.Signatu (Ad r ee or ent) x PS Form 3811, Dece r 1994 1 102595-97-13-0179 Domestic Return Receipt i (i UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid LISPS Permit No.G-10 G Print your name, address,and ZIP Code in this box O Board of Health Town of Barnstable P.C. Box 534 Hyannis, Massachusetts 02601 �i�rrrl+�r7r.��rr��rrrsrr����rrrr�rjrrr��rt�ri'�rr�jrr�rr�t+�t{� ` '> 8 �FIHEt - DATE: �� � O C n r-C FEE: e/�,aeat�J"� MUMSTABLE, 199g w MASS. 9$ 039. �� QF. N "�'7� of Barnstable REC. BY / r a SCHED. DATE: s Board of Health 367 Main Street, Hyannis MA 02601 Office: 508-790-6265 Susan G.Rask,R.S. FAX: 508-790-6304 Sumner Kaufman,M.S.P.H. Ralph A.Murphy,M.D. VARIANCE REQUEST FORM LOCATION c Property Address: CAI I I M a 1 n cif . &-rmfo-b)e f M A o 26 3 Assessor's Map and Parcel Number: O 1 S Size of Lot: 465 SCE.. Fee r Wetlands Within 300 Ft. Yes — Subdivision Name: Business Name: No %7^- ) Si I e_her r I e—S APPLICANT 11 CONTACT PERSON h [�_ Name: re Name: I Q�e Ivl�'l/a4y Mq►�/he d1 *50 Address:�'S P Main In St H 1/�I S Address: 326 I I°I i n Bamtd 11C.. Phone: 5o� "77 1- M q Phone: ,SO R—A 6a FAX: FAX: VARIANCE FROM REGULATION(List Reg.) REASON FOR VARIANCE(May attach if more space needed) (-6ntiaano, ©n uarlan S rbrn preyfou5 oviner ICLI"orT n Gallon 6rP�m IrQp as, -n�'= re Fe,r to farianu * II o a// t ryndibrjhcf� (in a Qcard oe h;a/f1/ Checklist(to be completed by office staff-person receiving variance request application) Four(4)copies of plan submitted(including septic system plans and/or restaurant floor plans) Applicant understands that the abutters must be notified by certified mail at least ten days prior to meeting date at applicant's expense(for.Title V and/or local sewage regulation variances only) Full menu submitted(for grease trap variances only) Variance request application fee collected(no fee for lifeguard modification renewals,grease trap variance renewals[same owner/leasce only],outside dining variance renewals[same owner/leasee only],and variances to repair failed sewage disposal systems[only if no expansion to the building proposed]) Variance request submitted at least 15 days prior to meeting date VARIANCE APPROVED Susan G. Rask,R.S.,Chairman NOT APPROVED Sumner Kaufman,M.S.P.H. REASON FOR DISAPPROVAL Ralph A.Murphy,M.D. Q:/WP/VARIREQ l I �f rOw TOWN OF BARNSTABLE OFFICE OF Be$aSTAB L : BOARD OF HEALTH a° 1639' `em 367 MAIN STREET '£o MAY k' HYANNIS, MASS.02601 May 16, 1997 Guilherme DeAndrade P.O. Box 1843 Hyannis, MA 02601 RE: Ice Cream Scoop, 3261 Main Street, Barnstable Dear Mr. DeAndrade: You are granted two (2) conditional variances from the Board of Health "Revised Supplement To Minimum Sanitation Standards For Food Service Establishments Regulation". The first variance will allow you to provide six (6) seats for patrons with the following conditions: (1) Patrons shall not be allowed to travel through the food preparation area to utilize the toilet facility. They shall be provided access to a conveniently located toilet facility onsite. (2) No more than six (6) seats are authorized. (3) No more than two female or two male employees are authorized to be employed at this food establishment. If both sexes are employed at the same time, the upstairs bathroom shall be exclusively utilized by the employees of the restaurant. (4). This conditional variance may be revoked should any unsanitary conditions be observed at the public restroom during operation of this food establishment. (5) This variance decision letter shall be posted on the wall adjacent to the food service permit for future.viewing of health inspectors during inspections. (6) In the event that this business is sold or transferred the current licensee has the duty to inform any and all potential purchasers of the existence of these variances and the fact the Board has explicitly made them non-transferable. icecream j The second variance request is granted from Board of Health Regulation #10 which requires a minimum of a 1,000 gallon grease interceptor at all food establishments. This variance will allow you to operate a food service establishment at 3261 Main Street, j Barnstable with the following conditions: (1) No cooking of food will be allowed. Only the following activities are allowed onsite: • Pre-prepared ice-cream may be scooped. • "Store bought" pre-prepared soups may be heated. • Sandwiches may be prepared with"Store bought" precooked meats. Bacon cannot be cooked for B.L.T. sandwiches. • Salads may be prepared. • Coffee may be prepared. • "Store bought" pre-prepared muffins may be heated (2) Only disposable single service paper, plastic, and other disposable dishes and utensils are authorized. (3) The under-sink grease interceptor shall be cleaned monthly. (4) This variance decision letter shall be posted on the wall adjacent to the food service permit for future viewing by health inspectors during inspections. (5) In the event that this business is sold or transferred the current licensee has the duty to inform any and all potential purchasers of the existence of these variances and the fact the Board has explicitly made them non-transferable. Sin ply yours, Susan G. Rask, R.S. Chairman Board of Health Town of Barnstable SGR/bcs icecream ..N — Brzat, - -- �f.�.am___�.�ye_I_,�o_r� fb_as_tedar--p1 ai_nvvi I-h_ var_i_a�_ar-e ift—dm- r_a_e> r _ sdyemF-lc)Kr_ � uer,�A)_ r ba.n_an.a�r_��� o_�vcd--_�-r) baa D-r 0-r/) oft -- e-pro. qn di-i-n_Ks- fA t J f P ..mow • _la i 1_I_S ° _M a�K_ per r l 1 P - crob_r_o_1_l � __- _hrim.p,rD.l-i a pwr usr t) I 1 a w—&- .d uc _I s p icy tnaa- _r-D�l . V - 1 o r_b 1 l_o�:w_r_a.Ps 0-Kcn Ce 1p sh.r_�-�►_P I F , +ll� • ........... .................. ---------- ............. ------------- .__.....�----------------- __..____.-_.__..____._-______ _______..___.._._..__....__- a. ------------- I . 1 __..._..._._._.__.______.-..___._ i • ba r-J-t -�a tL ex ds5 ro ar �y e.L y�Xed___fi�rKe�� h r�m vs Mimeo �peeia.J�the dav ��-�-Y��O�CaP —D�sse�f� -e 6 C�Kes y�zy�v_eeK�-mad� cr���1,5- - • �' � Y e , .. t � � +� _-- � - _ ` i � t 1 t � r . + � '. � w __�____- ��� E _ ___ t ,R ( 't 1 s > ,� r �, , -----r-------- -----� — r -- --- — —— r — --- i� � i ..�.._.___._.,___...�_,_ _..._�.______._.._._.r.�T�_.—._-------- ---. _�—..__�_�—..r� �_ T_�� ___.�. —.__._.__.._—�— f baf 6 6M l .. J e �I) v o G �tHE Town of Barnstable snwvsrnB�, Board of Health P.O.Box 534,Hyannis MA 02601 Office: 508-790-6265 Susan G.Rask,R.S. FAX: 508-790-6304 Sumner Kaufman Ralph A.Murphy,M.D. December 17, 1998 Ms Kate McCarthy-Martin and Heidi Pleso 3261 Main Street Barnstable, MA RE: Whistleberries/ 3261 Main Street Barnstable, Unit#3 Dear Ms. McCarthy-Martin and Ms. Pleso: On December 8, 1998, you appeared before the Board of Health to request variances from the Board of Health Regulation PART II, Section 1.00, which requires inground grease traps at all food establishments (minimum 1,000 gallon capacity) and requires separate male and female toilet facilities at all food establishments for the employees and the patrons. The requests for these variances were NOT granted. The variances were not granted due to the following: 1) The submitted menu contained various items to be cooked onsite which are not authorized according to the written grease trap variance guide criteria established by the Board on July 15, 1993. 2) There is only one toilet facility provided at this food establishment proposed to be used by both male and female food establishment employees and for both male and female patrons. This toilet facility is currently accessible only from outdoors. The Board finds that this toilet facility is not conveniently located for the patrons nor for the employees. 3) The Board consistently requires all food establishment operators to provide separate male and female toilet facilities for employees and for the patrons, which are conveniently located. Your proposal is not consistent with this requirement. However, the Board of Health did offer you the following options: • The proposed menu could be reduced to comply with the Board of Health criteria for food operations without 1,000 gallon grease traps (then the applicant could re-apply for the variance with the revised menu) OR the applicant could purchase or lease a grease recovery device. • The seats and tables proposed to be used by the patrons shall be removed OR the applicant could construct a second restroom facility accessible from indoors in an area which will be conveniently located for the patrons. Please feel free to telephone our Health Agent, Thomas McKean, if you should have any questions. His telephone number is 862-4644. Sincerely yours, Susan G. Rask, R.S. Chairman BOARD OF HEALTH N0. TOWN OF BARNSTABLE DATE p LJ C� OFFICE OF f�lffTlei. ---�jC--""" BOARD OF HEALT 6 i i out 367 MAIN STREET ��QQ ►�� HYANNIS,MASS.02601 y 4A F� d� 10, O VARIANCE RE VZOT � 4 R TO THE SCHEDULED ALL VARIANCES MUST BE SUBMTTTED ULED BOARD OF HEALTH MEETING. a j ,,1I NAME OF APPLICANT CsUi -"EQti(C �c=A&ILQ.40C TZL. NO& �-�Qo-7a3q ADDR ESS OF APPLICANT 74' Cool-ID�c �� � �•�����- /-�.A..OzFi�3 NAME OF OWNER OF PROPERTY SUBDIVISION NAME— bATR APPROVED ASSESSORS MAP AND PARCEL NUMBER _ - — 30 LO CATION OF REQUEST 3,Z61 P&I � ST' M _QZ SIZE OF LOT SQ.FT WETLANDS WITHIN 200 FT-T819 VARIANCE FROM REGULATION(Li@t Regulation) i W-LCE— �AjI REASON FOR VARIANCE(MaY attach if more @pace in needed)_ PLAN - FOUR COPIES OF PLAN MUST BE SUBMiTTBD CLBARLY OUTLINING VARIANCE REQUEST. VARIANCE APPROVED NOT APPROVED REASON FOR DISAPPROVAL BRIAN R. GRADY, R.B. p CHAIRMAN SUSAN G, RASR? R.S. JOSEPH C. SNONf M.D. BOARD OF HRALTH TONM OF BARABTABL6 ��oD.�,r� a��_ to e,�ro►�� .'c,vF�.QX� 3z�i ��,vsT UNIT 13,,qeA1-5rR6L6: Cvir�dou� T well rM.d n"p e� Do yb � o 41�-- —� 32-&i •��,vsT UA)l T f�,eNSTf��G� T � we 11 ;NK tl►r 1aAK� 6� �O y1p� BA T � � O • M V I I / V �-- 6 --� s 3z&i uN/ T T io we 11 ;aK C;v S:v k T � � O Iv W i � � 3zbi QIA.)ST UNIT Ivir7docv T � wE►!I II� w.n y IN� �i1t � HM1W e� Ba � o W 1 / V t �. n 000012 (509)362-5559 Salads I. House Salad................................................................................. $2.95 2. House Salad w/ a scoop of tuna.................................................... $3.95 3. Caesar Salad- $3.95 4. Chicken Caesar Salad................................................................... $4.95 5. Chefs Salad................................................................................. $4.95 6. Tuna Salad Plate*........................................................................ $4.95 *(w/romaine, tomatoes, onions, peppers, cucumbers & cantaloupe) Sandwiches (On white, wheat, marble bread or bulkie roll) 1. Grilled Cheese............................................................................. $3.00 2. Grilled Cheese w/ Tomato........................................................... $3.25 3. Grilled Cheeese w/ Tomato & Bacon........................................... $3.50 4. Grilled Cheese w/ Ham.............................................................. $3.50 5. Turkey Sandwich........................................................................ $3.75 6. Roast Beef Sandwich.................................................................. $3.75 7. Ham or Turkey Club................................................................... $4.25 8. Roast Beef Club......................................................................... $4.25 9. Reuben...................................................................................... $4.25 10. Italian Sub.................................................................................. $4.25 11. Tuna Sandwich.......................................................................... $3.75 12. Tuna Melt (w/ swiss cheese)....................................................... $4.25 13. English Tuna Melt(w/ cheese & tomato on a English muffin).......... $4.25 14. Hot Dog...................................................................................... $1.95 15. BLT............................................................................................ $3.25 Desserts and Ice Cream are also available t i t Soda & Spring Water •75 Juices $1.00 Hot Chocolate .85 Coffe small .80 Lg. $1.00 Iced Tea small .85 Lg. $1.10 Milk small .55 Lg. .75 Tea small .63 Lg. .84 l 7"�l� aCc�aP (509)362-5559 Salads 1. House Salad................................................................................. $2.95 2. House Salad w/ a scoop of tuna.................................................... $3.95 3. Caesar Salad-*'*****'***....*...... alad:........................................ $3.95 4. Chicken Caesar Salad................................................................... $4.95 5. Chefs Salad................................................................................. $4.95 6. Tuna Salad Plate*........................................................................ $4.95 *(w/romaine, tomatoes, onions, peppers, cucumbers & cantaloupe) Sandwiches (On white, wheat, marble bread or bulkie roll) l. Grilled Cheese............................................................................. $3.00 2. Grilled Cheese w/ Tomato........................................................... $3.25 3. Grilled Cheeese w/Tomato & Bacon........................................... $3.50 4. Grilled Cheese w/Ham................................................................ $3.50 5. Turkey Sandwich........................................................................ $3.75 6. Roast Beef Sandwich.................................................................. $3.75 7. Ham. or Turkey Club................................................................... $4.25 8. Roast Beef Club......................................................................... $4.25 9. Reuben....................................................................................... $4.25 10. Italian Sub.................................................................................. $4.25 11. Tuna Sandwich.......................................................................... $3.75 12. Tuna Melt (w/ swiss cheese)....................................................... $4.25 13. English Tuna Melt(w/ cheese & tomato on a English muffin).......... $4.25 14. Hot Dog...................................................................................... $1.95 15. BLT............................................................................................ $3.25 Desserts and Ice Cream are also available!!!! Soda & Spring Water .75 Juices $1.00 Hot Chocolate .85 Coffe small .80 Lg. $1.00 Iced Tea small .85 Lg. $1.10 Milk small .55 Lg. .75 Tea small .63 Lg. .84 TOE 5COOT2 (509)362-5559 Salads 1. House Salad................................................................................. $2.95 2. House Salad w/ a scoop of tuna.................................................... $3.95 3. Caesar Salad.................................................................................. $3.95 4. Chicken Caesar Salad................................................................... $4.95 5. Chefs Salad................................................................................. $4.95 6. Tuna Salad Plate*........................................................................ $4.95 *(w/romaine, tomatoes, onions, peppers, cucumbers & cantaloupe) Sandwiches (On white, wheat, marble bread or bulkie roll) 1. Grilled Cheese............................................................................. $3.00 2. Grilled Cheese w/ Tomato........................................................... $3.25 3. Grilled Cheeese w/ Tomato & Bacon........................................... $3.50 4. Grilled Cheese w/ Ham................................................................ $3.50 5. Turkey Sandwich................................................................:....... $3.75 6. Roast Beef Sandwich.................................................................. $3.75 7. Ham or Turkey Club................................................................... $4.25 8. Roast Beef Club......................................................................... $4.25 9. Reuben...................................................................................... $4.25 10. Italian Sub.................................................................................. $4.25 11. Tuna Sandwich.......................................................................... $3.75 12. Tuna Melt(w/ swiss cheese).....................................................1. $4.25 13. English Tuna Melt(w/ cheese & tomato on a English muffin).......... $4.25 14. Hot Dog...................................................................................... $1.95 15. BLT............................................................................................ $3.25 Desserts and Ice Cream are also available!!!! Soda & Spring Water .75 Juices $1.00 Hot Chocolate .85 Coffe small .80 Lg. $1.00 Iced Tea small .85 Lg. $1.10 Milk small .55 Lg. .75 Tea small .63 Lg. .84 a (509)362-5559 Salads 1. House Salad................................................................................. $2.95 2. House Salad w/ a scoop of tuna.................................................... $3.95 3. Caesar Salad, .......**'...**....*...*'... alad:................................................................................ $3.95 4. Chicken Caesar Salad........................................ $4.95 5. Chefs Salad................................................................................. $4.95 6. Tuna Salad Plate*........................................................................ $4.95 *(w/romaine, tomatoes, onions, peppers, cucumbers & cantaloupe) Sandwiches (On white, wheat, marble bread or bulkie roll) 1. Grilled Cheese................................................... ......................... $3.00 2. Grilled Cheese w/ Tomato........................................................... $3.25 3. Grilled Cheeese w/Tomato & Bacon........................................... $3.50 4. Grilled Cheese w/ Ham................................................................ $3.50 5. Turkey Sandwich........................................................................ $3.75 6. Roast Beef Sandwich.................................................................. $3.75 7. Ham or Turkey Club................................................................... $4.25 8. Roast Beef Club......................................................................... $4.25 9. Reuben...................................................................................... $4.25 10. 1talian Sub.....................................:............................................ $4.25 11. Tuna Sandwich.......................................................................... $3.75 12. Tuna Melt (w/ swiss cheese)....................................................... $4.25 13. English Tuna Melt(w/ cheese & tomato on a English muffin).......... $4.25 14. Hot Dog. .................................................................................... $1.95 15. BLT............................................................................................ $3.25 Desserts and Ice Cream are also available!!!! Soda & Spring Water .75 Juices $1.00 Hot Chocolate .85 Coffe small .80 Lg. $1.00 Iced Tea small .85 Lg. $1.10 Milk small .55 Lg. .75 Tea small .63 Lg. .84 i TOWN OF BARNSTABLE OFFICE OF HAHa9TAM i BOARD OF HEALTH s ruse. O 39'k�em 367 MAIN STREET HYANNIS, MASS.02601 May 16, 1997 Guilherme DeAndrade P.O. Box 1843 Hyannis, MA 02601 RE: Ice Cream Scoop, 3261 Main Street, Barnstable Dear Mr. DeAndrade: You are granted two (2) conditional variances from the Board of Health "Revised Supplement To Minimum Sanitation Standards For Food Service Establishments Regulation". The first variance will allow you to provide six (6) seats for patrons with the following conditions: (1) Patrons shall not be allowed to travel through the food preparation area to utilize the toilet facility. They shall be provided access to a conveniently located toilet facility onsite. (2) No more than six(6) seats are authorized. (3) No more than two female or two male employees are authorized to be employed at this food establishment. If both sexes are employed at the same time, the upstairs bathroom shall be exclusively utilized by the employees of the restaurant. (4) This conditional variance may be revoked should any unsanitary conditions be observed at the public restroom during operation of this food establishment. (5) This variance decision letter shall be posted on the wall adjacent to the food service permit for future viewing of health inspectors during inspections. (6) In the event that this business is sold or transferred the current licensee has the duty to inform any and all potential purchasers of the existence of these variances and the fact the Board has explicitly made them non-transferable. icecream a L � The second variance request is granted from Board of Health Regulation #10 which requires a minimum of a 1,000 gallon grease interceptor at all food establishments. This variance will allow you to operate a food service establishment at 3261 Main Street, Barnstable with the following conditions: (1) No cooking of food will be allowed. Only the following activities are allowed onsite: • Pre-prepared ice-cream may be scooped. • "Store bought" pre-prepared soups may be heated. • Sandwiches may be prepared with"Store bought" precooked meats. Bacon cannot be cooked for B.L.T. sandwiches. • Salads may be prepared. • Coffee may be prepared. • "Store bought" pre-prepared muffins may be heated (2) Only disposable single service paper, plastic, and other disposable dishes and utensils are authorized. 3 The under-sink grease interceptor shall be cleaned monthly. ( ) g p Y (4) This variance decision letter shall be posted on the wall adjacent to the food service permit for future viewing by health inspectors during inspections. (5) In the event that this business is sold or transferred the current licensee has the duty to inform any and all potential purchasers of the existence of these variances and the fact the Board has explicitly made them non-transferable. Sin ely yours, Susan G. Rask, R.S. Chairman Board of Health Town of Barnstable SGR/bcs icecream N0. TOWN OF BARNSTABLE DATE ' - � OFFICE OF F � ` `gyp ws BOARD OF HEALTH` �u»Tin 1639 jD 367 MAIN STREET 45 HYANNIS,MASS.02801 4 'opF�� 'r e� VARIANCE RE UEBT r °leeyN�199� ALL VARIANCES MUST BE SUBMITTED FIFTEE R TO THE SCHEDULED BOARD OF HEALTH MEETING. j NAME OF APPLICANT (sv�L"EQ"C- bcA, ,zQ,+DC- TEL. N0. 5-06 lqQ-7c339 ADDRESS OF APPLICANT 7+ COO'-/6gc 2D.- M•A--02673 NAME OF OWNER OF PROPERTY `5`�LUl A S��v SUBDIVISION NAME DATE APPROVED ASSESSORS MAP AND PARCEL NUMBER 'Z�3� LOCATION OF REQUEST 3Z6f �rnl SIZE OF LOT SQ.FT WETLANDS WITHIN 200 FT•T88 NO VARIANCE FROM REGULATION(List Regulation) .0 : (_� �y REASON FOR VARIANCE(May attach if more space is needed) PLAN - FOUR COPIES OF PLAN MUST BE SUBMITTED CLEARLY OUTLINING VARIANCE REQUEST. VARIANCE APPROVED NOT APPROVED REASON FOR DISAPPROVAL BRIAN R. GRADY, R.S. t CHAIRMAN SUSAN G. RASR, R.8. JOSEPH C. SNOW? M.D. BOARD OF HEALT11 TONN OF BARNSTABLE - 10, } e uNi T .3 /L�I�• �z� �o wi�a°ou/ ._ well I w.d �Y S:v k `0 II� y 1 � ` 7 6 3Z&/ UNi T 3 131'qAe!1V.5rR,!3 �v i�cz°ouJ T T'1 1tD � O I� W � 4E— 7 -9 uNi T 3 �f�.eil/STf��G� W/17a°ouJ T � ;aiG Diu 1�AKa ei . a Iv W aA)l T 3 T +r well Ka S:v� � o IIv _ y i TOE 5COOT2 (509)362-5559 Salads 1. House Salad................................................................................. $2.95 2. House Salad w/ a scoop of tuna.................................................... $3.95 3. Caesar Salad, ..... alad:.................................................................... . .. ..... $3.95 4. Chicken Caesar Salad................................................................... $4.95 5. Chef s Salad................................................................................. $4.95 6. Tuna Salad Plate*........................................................................ $4.95 *(w/romaine, tomatoes, onions, peppers, cucumbers & cantaloupe) Sandwiches (On white, wheat, marble bread or bulkie roll) 1. Grilled Cheese............................................................................. $3.00 2. Grilled Cheese w/ Tomato........................................................... $3.25 3. Grilled Cheeese w/ Tomato & Bacon...................... ... $3.50 .................. 4. Grilled Cheese w/ Ham................................................................ $3.50 5. Turkey Sandwich........................................................................ $3.75 6. Roast Beef Sandwich.................................................................. $3.75 7. Ham or Turkey Club................................................................... $4.25 8. Roast Beef Club......................................................................... $4.25 9. Reuben...................................................................................... $4.25 10. Italian Sub.................................................................................. $4.25 11. Tuna Sandwich.......................................................................... $3.75 12. Tuna Melt (w/ swiss cheese)....................................................... $4.25 13. English Tuna Melt(w/ cheese & tomato on a English muffin).......... $4.25 14. Hot Dog...................................................................................... $1.95 15. BLT............................................................................................ $3.25 Desserts and Ice Cream are also available!!!! Soda & Spring Water .75 Juices $1.00 Hot Chocolate .85 Coffe small .80 Lg. $1.00 Iced Tea small .85 Lg. $1.10 Milk small .55 Lg. .75 Tea small .63 Lg. .84 TOE Scoop (509)3 62-5559 Salads LHouse Salad................................................................................. $2.95 2. House Salad w/ a scoop of tuna.................................................... $3.95 3. Caesar Salad, $3.95 4. Chicken Caesar Salad................................................................... $4.95 5. Chef s Salad................................................................................. $4.95 6. Tuna Salad Plate*........................................................................ $4.95 *(w/romaine, tomatoes, onions, peppers, cucumbers & cantaloupe) Sandwiches (On white, wheat, marble bread or bulkie roll) l. Grilled Cheese............................................................................. $3.00 2. Grilled Cheese w/ Tomato........................................................... $3.25 3. Grilled Cheeese w/ Tomato & Bacon........................................... $3.50 4. Grilled Cheese w/Ham................................................................ $3.50 5. Turkey Sandwich........................................................................ $3.75 6. Roast Beef Sandwich.................................................................. $3.75 7. Ham or Turkey Club................................................................... $4.25 8. Roast Beef Club.......................................................................1. $4.25 9. Reuben...................................................................................... $4.25 10. Italian Sub.................................................................................. $4.25 11. Tuna Sandwich...................... 12. Tuna Melt (w/ swiss cheese)....................................................... $4.25 13. English Tuna Melt(w/ cheese & tomato on a English muffin).......... $4.25 14. Hot Dog...................................................................................... $1.95 15. BLT............................................................................................ $3.25 Desserts and Ice Cream are also available!!!! Soda & Spring Water .75 Juices $1.00 Hot Chocolate .85 Coffe small .80 Lg. $1.00 Iced Tea small .85 Lg. $1.10 Mille small .55 Lg. .75 Tea small .63 Lg. .84 TOE 6CO012 (509)362-5559 Salads 1. House Salad................................................................................. $2.95 2. House Salad w/ a scoop of tuna.................................................... $3.95 3. Caesar Salad- **'''**.....*'*"**"*'*""*"**'***"*****'**'.... alad:.... ............................................................ $3.95 4. Chicken Caesar Salad................................................................... $4.95 5. Chefs Salad................................................................................. $4.95 6. Tuna Salad Plate*........................................................................ $4.95 *(w/romaine, tomatoes, onions, peppers, cucumbers & cantaloupe) .Sandwiches (On white, wheat, marble bread or bulkie roll) 1. Grilled Cheese............................................................................. $3.00 2. Grilled Cheese w/ Tomato........................................................... $3.25 3. Grilled Cheeese w/ Tomato & Bacon........................................... $3.50 4. Grilled Cheese w/ Ham...................................................I............. $3.50 5. Turkey Sandwich........................................................................ $3.75 6. Roast Beef Sandwich.................................................................. $3.75 7. Ham or Turkey Club................................................................... $4.25 8. Roast Beef Club......................................................................... $4.25 9. Reuben..................................................................................... $4.25 10. Italian Sub.................................................................................. $4.25 11. Tuna Sandwich.......................................................................... $3.75 12. Tuna Melt (w/ swiss cheese)....................................................... $4.25 13. English Tuna Melt(w/ cheese & tomato on a English muffin).......... $4.25 14. Hot Dog....................................................................... 15. BLT............................................................................................ $3.25 Desserts and Ice Cream are also available!!!! Soda & Spring Water .75 Juices $1.00 Hot Chocolate .85 Coffe small .80 Lg. $1.00 Iced Tea small .85 Lg. $1.10 Milk small .55 Lg. .75 Tea small .63 Lg. .84 TOE 6COOT7 (5og)362-5559 Salads 1. House Salad................................................................................. $2.95 2. House Salad w/ a scoop of tuna.................................................... $3.95 3. Caesar Salad, alad:....... ........ ................................................................. $3.95 .4. Chicken Caesar Salad................................................................... $4.95 5. Chef s Salad................................................................................ $4.95 6. Tuna Salad Plate*........................................................................ $4.95 *(w/romaine, tomatoes, onions, peppers, cucumbers & cantaloupe) Sandwiches (On white, wheat, marble bread or bulkie roll) 1. Grilled Cheese............................................................................. $3.00 2. Grilled Cheese w/ Tomato........................................................... $3.25 3. Grilled Cheeese w/ Tomato & Bacon........................................... $3.50 4. Grilled Cheese w/ Ham................................................................ $3.50 5. Turkey Sandwich........................................................................ $3.75 6. Roast Beef Sandwich.................................................................. $3.75 7. Ham or Turkey Club................................................................... $4.25 8. Roast Beef Club......................................................................... $4.25 9. Reuben...................................................................................... $4.25 10. I.talian Sub.................................................................................. $4.25 11. Tuna Sandwich.......................................................................... $3.75 12. Tuna Melt (w/ swiss cheese)....................................................... $4.25 13. English Tuna Melt(w/ cheese & tomato on a English mufn).......... $4.25 1.4. Hot .Dog. .................................................................................... $1.95 $3.25 Desserts and Ice Cream are also available!!!! Soda & Spring Water .75 Juices $1.00 Hot Chocolate .85 Coffe small .80 Lg. $1.00 Iced Tea small .85 Lg. $1.10 Milk small .55 Lg. .75 Tea small .63 Lg. .84 THE TOWN OF BARNSTABLE � Fp OFFICE OF 7AH7f]TOBL ' BOARD OF HEALTH 1639- ��9 367 MAIN STREET 'F7 MAY k' HYANNIS, MASS.02601 July 15, 1993 GREASE TRAP VARIANCE REQUESTS cccrdi n' 1-n 110 rmR 1 S,0q of tha gtg,ta r.nvi_rnrnnPnta1 Cade, Ti_tl a V. "grease traps must be provided at installations such as restaurants, nursing homes, schools, hospitals, or other installations from which large quantities of grease can be expected to be discharged". I. LIST OF FOODS WHICH MAY BE PREPARED As a guide, a variance may be granted by the Board of Health to those food establishment operators who meet all the criteria (a - f) listed on page two (2) and who only prepare one or more of the following foods: * Hot dogs (steamed only, not cooked or grilled) * Sandwiches which require no mayonnaise II. LIST OF FOODS WHICH MAY BE SERVED OR HEATED Also as a guide, a variance may be granted by the Board of Health to those food establishment operators who meet all the criteria (a - f) listed on page two (2) and who heat or serve, not prepare, one or more of the following food items: * Ice-cream (scooping of hard ice-cream, no manufacturing) * Pre-made breads, buns, and cookies may be heated (these items cannot be .prepared) * Pre-packaged foods may be sold * Vegetables may be washed and heated III. VARIANCE CRITERIA The Board of Health may grant a conditional variance . from this Regulation. When such a variance is granted, the following is a list of the conditions which will be enforced by the Board of Health: a. A grease interceptor shall be installed underneath the triple compartment sink in compliance with 248 CMR 2.09 (2) of the State Plumbing Code. b. Paper plates and plastic utensils shall be utilized. C. A water flow restrictor device shall be installed at the triple compartment sink. 1 _0 d. The grease interceptor shall be cleaned thoroughly on a monthly basis with written receipt records of such cleaning submitted to the Health Department each month. e. only those food items listed on the submitted menu may be cooked, heated, or prepared as specified. No other food items may be cooked, heated or prepared. f. The variance may be revoked anytime a member of the Board of Health or an employee of the Health Department observes non- compliance with any one or more of the above listed conditions or anytime unsanitary practices are observed. IV. FOODS WHICH REQUIRE THE INSTALLATION OF AN INGROUND GREASE TRAP All applicants who propose to prepare or cook any food items including and not limited to bacon, bakery items, hamburgers, clam chowder, dairy products, fish scaling and/or processing, fried foods, pizza, ravioli, roast beef, sausages, steak and cheese sandwiches, and turkey will be required to install inground grease traps. PER ORDER OF THE BOARD OF HEALTH Brian R. Grady, R.S. Chairman J eph Snow, M.D. slusan G. R s , R.S. 2 L_ _ F . - _ ...._ _... F•��.x.�� . _cake _...... _ _ _ - i E 1�•, _ 1 �FTHE T� TOWN OF BARNSTABLE w OFFICE OF i DA"STABL r BOARD OF HEALTH MA6& aj o� t639' 367 MAIN STREET E0 MPY�' HYANNIS, MASS.02601 April 30, 1992 Ms. Joanne Kennedy 26 White Oak Trail Centerville, MA 02632 RE: Ice Cream Scoop Dear Ms. Kennedy: You are granted conditional variances on a trial basis from the Board of Health "Revised Supplement to Minimum Sanitation Standards for Food Service Establishments Regulation" which stated "separate facilities must be provided for male and female employees and male and female patrons" at 3261 Main Street, Barnstable, MA with the following conditions: ( 1) Two (2) female or two (2) male employees are authorized to be employed at the food establishment. If both sexes will be employed at the same time, the upstairs bathroom shall also be exclusively utilized by the employees of the restaurant. (2) Patrons shall not be allowed to travel through the food preparation area to utilize the toilet facility. However, they may be allowed to access the toilet facility from outside if needed. (3) No more than six seats are authorized. (4) This conditional variance expires May 1, 1994 . You must either install a second bathroom before May 1, 1994 or apply to renew this variance on or before May 1, 1994 . (5) This conditional variance may be revoked should unsanitary conditions be observed during the operation of the food establishment. In addition you are granted a conditional variance from the Board of Health Regulation #10: "Revised Supplement to Minimum Sanitation Standards for Food Service Establishments" that requires a minimum of a 1,000 gallon grease interceptor at all food establishments. y r f This variance will allow you to operate a food service establishment at 3261 Main Street, Barnstable, with the following conditions: ( 1) No cooking of food will be allowed. Only the following activities are allowed onsite: - Pre-prepared ice cream may be scooped. - "Store bought" pre-prepared soups may be heated. - Sandwiches may be prepared with "store bought" pre- cooked, meats. - Salads may be prepared. - Coffee may be prepared. - "Store bought" pre-prepared muffins may be heated. (2) Only disposable single service paper, plastic, and other disposable dishes and utensils are authorized. (3) The under-sink grease interceptor shall be cleaned monthly (instructions enclosed) . (4 ) This conditional variance expires May 1, 199*. This variance is not transferable and will not be voided if the establishment has a change in use, change of ownership, or leased to a party other than an applicant. Sincerely yours Joseph C. Snow, M.D. Chairman BOARD OF HEALTH TOWN OF BARNSTABLE TM/ls i r For office use only TOWN OF BARNSTABLE Bpi THE tp� Received b OFFICE OF DAUSTAEL BOARD OF HEALTH Date NAM A i639' 367 MAIN STREET HYANNIS, MASS.02601 VARIANCE REQUEST FORM All variance requests must be submitted fifteen (15) days prior to ,the scheduled Board of Health Meeting. NAME OF APPLICANT VZ11, V TEL.# ADDRESS OF APPLICANT NAME OF OWNER OF PROPERTY SUBDIVISION NAME ATE APPROVED ASSESSORS MAP & PARCEL NUMBER LOT SIZE LOCATION OF REQUEST VARIANCE FROM REGULATION (List Regulation) l�1 ,s1/. 71d rIJ f' aS e, IV 7- Lv i7,1� UGtf he d�7`io•v �f �` S'�cv.0 if hr'oo.�. REASON FOR VARIANCE (May attach letter if more space is nep-jgd) rT X aee- le,< Th6�6 Ldda OAK ,UA'Tyw kjS;tiG SS PLAN - FOUR COPIES OF PLAN MUST BE SUBMITTED CLEARLY OUTLINING VARIANCE REQUEST. VARIANCE APPROVED NOT APPROVED REASON FOR DISAPROVAL Joseph C. Snow, M.D. , Chairman Susan G. Rask Brian R. Grady BOARD OF HEALTH TOWN OF BARNSTABLE p rv�.t�Tc=_S 'Teel testimony will be taken at this time due to the applicants request for withdrawal. Mr. Cohen stated he has a copy of the septic system plans and asked if the plan will be revised. Mr. Landers-Cauley answered that the plans will be revised. Susan Rask made a motion, duly seconded by Brian Grady, and the Board voted unanimously to postpone the variance request meeting to March 24, 1992 at 7 :00 P.M. Next on the agenda, Attorney Robert Cannon was present on behalf of his clients, Wayne and Donna Smith, who operate the Ice Cream Scoop Restaurant located at 3201 Main Street, Barnstable. Attorney Cannon requested to renew the variance granted to Mr. and Mrs. Smith dated February 14, 1992 which expired March 1, 1992, due to the cost of adding a toilet facility (restroom) . After a lengthy .discussion, Brian Grady made a motion, duly seconded by Susan Rask, and the Board voted unanimously to grant the applicant and extension of the conditional variances granted February 11, 1991 from the Board of Health "Revised Supplement to Minimum Sanitation . Standards for Food Service Establishments Regulation" which stated "separate facilities must be provided for male and female employees and male and female patrons" at 3261 Main Street, Barnstable, MA. , with the following conditions: ( 1) The bathroom facility within Unit #6 shall also be accessible to be exclusively used by the employees. (2) Patrons shall not be allowed to travel through the food preparation area to utilize the toilet facility. However, they may be allowed to access the toilet facility from outside if needed. (3) No more than six seats are authorized. (4) This conditional temporary variance expires March 10, 1993. Next on the agenda, the Board members reviewed the proposed language submitted by Attorney Mark H. Boudreau, which would replace condition #6 of the permission letter dated November 14, 1991 to Frank McDonough to utilize a private onsite well at 1575 Route 132 Centerville. Thomas McKean stated the Town Attorney Robert Smith reviewed the proposed language and had no objective to the language, other than a minor revision. After some discussion, Susan Rask made a motion duly seconded by Brian Grady, and the Board voted unanimously to accept the proposed revision with the following minor revision: The word "be" should be inserted between the words "This 'f variance will" and the words "voided if the site in question. . . " . i t- �� THE rO�♦ TOWN OF BARNSTABLE OFFICE OF 11AHl9TAML i BOARD OF HEALTH MM6. i639' a MP Air- 367 MAIN STREET'� HYANNIS, MASS,02601 July 24, 1991 Wayne and Donna Smith Ice Cream Scoop 3261 Main Street Barnstable, MA 02630 RE: Ice Cream Scoop Dear Mr. and Mrs. Smith: You are granted conditional variances on a temporary basis from the Board of Health "Revised Supplement to Minimum Sanitation Standards for- Food_ Service Establishments Regulation" which stated "separate facilities must be provided for male and female employees and male and female patrons" at 3261 Main Street, Barnstable, MA., with the following conditions: (1) No more than three (3) female and two (2) male employees are authorized. The tenon-family employees only may be employed until September 3, 1991. (2) The bathroom facility within Unit #6 shall also be accessible to the employees. (3) Patrons shall not be allowed to travel through the food preparation area to utilize the toilet facility. However, they may be allowed to access the toilet facility from outside if needed. (4) No more than six seats are authorized. (5) This conditional temporary variance expires March 1, 1992. An additional, conveniently located bathroom with a toilet facility shall be installed on or before March 1, 1992. Very truly Yours, Ann Jane Eshbaugh Chairman BOARD OF HEALTH TOWN OF BARNSTABLE AJE/bcs cc: Stuart W. Rapp • THE The Town of Barnstable Cf Tp` Health Department .N. 9 367 Main Street, Hyannis, MA 02601 1639• � Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health January 4, 1991 Mr. Robert Cannon, Esquire 255 Main Street P.O. Box D Hyannis, MA 02601 Dear Mr. Cannon: As per your request, Ruth Weil the Assistant Town Attorney, has requested this letter be sent to you rather than your clients, Wayne and Donna Smith. I am in receipt of a copy of the public meeting minutes of the Zoning Board of Appeals who recently approved your clients request to install seats for patrons at the Ice Cream Scoop establishment located at 3261 Main Street, Barnstable. The said approval appears to be premised on the fact that the Board of Health had previously approved such seating. This is not the case. Please be advised your clients shall not install any seats for patrons due to the following regulations and policy: 1 . Board of Health Regulation 11 - Toilet Facilities, which states "separate facilities must be provided for male and female employees and male and female patrons. The Ice Cream Scoop establishment has only one (1) toilet facility. 105 CMR 590.018 Toilet Facilities, which states "... patrons toilets shall be located so that they are accessible without traveling through food preparation areas." The Ice Cream Scoop establishment's bathroom is located in such a location as to only be accessible by entering through the food preparation area. Board of Health Policy Food Service Establishment Minimum Criteria #7 - which states "hens and ladies bathroom facilities are required for employees and customers. The Ice Cream Scoop establishment has no toilet facilities available to customers (without violating 105 CMR 590.018 above). Your clients are directed to refrain from installing any patron's seats until after you are Q In compliance with all the regulations contained within the State Sanitary Code Article X, and all regulations of the Board of Health. As you are aware, you may request a variance if you wish. However, the variance must be heard before the Board of Health at an advertised public meeting. PER ORDER OF THE BOARD OF HEALTH hZ s A. McKean Director of Public Health TM/bcs Certified P412500561 Copy Ruth Weil For office use Only TOWN OF BARNSTABLB Received by �F IRE t0 wf OFFICE OF Dats 6e(g r: ( y�+ • IAHd9TOBL W. BOARD OF HEALTH 1 VAS& moo 039. `�b 367 MAIN STREET MPY k' HYANNIS,MASS.02601 TMrji5. pNgoVE TOWN �V v VARIANCE REQUEST FORM D �:•., 1 rior All variance requests must be submitted f teen , ( ' P to the scheduled Board of Health Meeting. TEL # 32-5558 . 6 NAME OF APPLICANT Tdayne & Donna Smith d/b/a �JA The Ice Cream Scoop ADDRESS OF APPLICANT 3261 MaIN Street Earnstable P'IA NAME OF OWNER OF PROPERTY Silvia & Silvia Associates, Inc. SUBDIVISION NAME N/A DATE APPROVED N/A _ ASSESSORS MAP & PARCEL NUMBER . 299-1E LOT. SIZE 12,720 sq. ft. LOCATION OF .REQUEST Sarze as address of applicant VARIANCE FROM REGULATION (List Regulation) Deulation 11 REASON FOR VARIANCE (May attach letter if more space is needed) To conduct business pursuant to the cam-ion victualer license and the ZEA special permit F pI,pN COPIES OF PLAN MUST BE SUBMITTED CLEARLY OUTLINING VARIANCE REQUEST. VARIANCE APPROVED NOT APPROVED REASON FOR DISAPROVAL Ann Jane Eshbaugh, Chairman i Susan G• Rask Joseph C. Snow, M.D. BOARD OF HEALTH TOWN OF BARNSTABLE FURMAN, CANNON & ROSS Attorneys at Law 255 Main Street Jack J. Furman Hyannis, Massachusetts 02601 Of Counsel Robert T. Cannon Telephone (508) 775-0277 Diane Furman Ross Stuart W. Rapp Facsimile (508) 778-4256 Mosca&Associates 365 Smith Street,Suite 100 Providence,RI 02908 (401) 831-3131 February 22, 1991 Ann Jane Eshbaugh, Chairman Board of Health Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: Wayne and Donna Smith's The Ice Cream Scoop Dear Ms. Eshbaugh: I received your February 14th letter regarding the hearing before the Board on the variance application of the Smiths. We were very pleased with the Board's allowance of the variance to place the six (6) tables within The Ice Cream Scoop. However, your February 14th letter dictates that the sole toilet facility must be easily accessible to the patrons at all times. However, it is our understanding that the Board specifically determined that the one (1) facility that exists would not be accessed by the public. As you will recall, during the hearing before the Board there was significant amounts of discussion with regard to public toilet facilities within the village of Barnstable and Mr. and Mrs. Smith indicated that they took great pains in informing their patrons as well as non-patrons attempting to use the rest rooms that there were public facilities at the end of Mill Way and at the courthouses. The conclusion of the hearing and summary of what was allowed was reiterated by Mr. McKean when he stated that the Board would be issuing two (2) variances. Therefore, providing the Smiths with the ability to conduct the business known as The Ice Cream Scoop with the three (3) tables and six (6) seats and with only one (1) toilet facility for the Smiths to use and without the need of providing public toilet facilities. If, however, the Board has changed its position from the evening of the 12th of February, 1991 then I would ask that you please elaborate for me the change of position. Otherwise, I will assume that the first paragraph of your February 149 1991 letter is a mistake and that it should simply state that the toilet facility must not be accessed by the patrons. Ann Jane Eshbaugh February 22, 1991 Page 2 Please contact me with any questions and/or concerns with regard to the above. I look forward to hearing from you in the near future. Ve:tru u r-sStupp SWR/cm cc: Wayne and Donna Smith P�oFTHE ra�♦ TOWN OF BARNSTABLE OFFICE OF IMARNSTA13L i BOARD OF HEALTH y MASIL A i639' ��� 367 MAIN STREET Q MAY k' HYANNIS, MASS.02601 February 25, 1991 Revised January 25, 1991 Wayne and Donna Smith Ice Cream Scoop 3261 Main Street Barnstable, MA 02630 RE: Ice Cream Scoop Dear Mr. and Mrs. Smith: You are granted conditional variances on a trial basis from the Board of Health "Revised Supplement to Minimum Sanitation Standards for Food Service Establishments Regulation" which stated "separate facilities must be provided for male and female employees and male and female patrons" at 3261 Main Street, Barnstable, MA., with the following conditions: (1) Patrons shall not be allowed to travel through the food preparation area . . to utilize the toilet facility. However, they may be allowed to access the toilet facility from outside if needed. (2) No more than six seats are authorized. (3) This conditional variance expires March 1, 1992. You must renew this variance on or before March 1, 1992. You are granted this variance because you requested to install only six (6) seats for patrons. It is of the Board's opinion that two bathroom facilities would not be necessary at this time. Very truly yours, CZ- C ��- .t L Ann _lane Eshbaugh < Chairman BOARD OF HEALTH TOWN OF BARNSTABLE AJE:bcs cc: Stuart W. Rapp TOWN OF BARNSTABLE ryry o�� d ! / T= OFFICE OF f� i fAEIlTADLt � T.:���� .�.� BOARD OF HEALTH 367 MAIN STREET f HYANNIS, MASS.02601 / _VARIANCE REQUEST FORM / ;. All variance requests must be submitted fifteen (15) days prior' to the scheduled Board. of Health`Meeting. NAME OF APPLICANT '� TEL. N0. ADDRESS OF APPLICANT , N. C� C 630 NAME OF OWNER OF, PROPERTY�S)" 4- 91 SUBDIVISION NAME r DATE APPROVED ASSESSORS MAP AND PARCEL NUMBER 2 / ( - DES LOT SIZE LOCATION OF REQUEMc / VARIANCE FRUM REGULATION (List Regulation) Se REASON FOR VARIANCE (May. attach letter if more space is needed) 4Z3 Ln6 k1l i.r� f o-�e a re-06 •Z--r� PLAN' TWO COPIES OF PLAN MUST BE SUBMITTED CLEARLY OUTLINING VARIANCE REQUEST. VARIANdE APPROVED 'Y NOT APPROVED r REASON FOR DISAPROVAL Ili J"i DEVI. �. _... D : Grover C.M. Farrish, M.D. Chairman . aa. Ann Jane Eshbaugh AY 1 5 James H. Crocker, Sr. M BOARD OF HEALTH TOWN OF BARNSTABLE No. Date L! 1w Fee TOWN OF BARNSTABLE - �,`' * o� OFFICE OF Z BAH MA88. LL, BOARD OF HEALTH 110 e. °o 039. �e� 367 MAIN STREET HYANNIS, MASS. 02601 VARIANCE REQUEST FORM All variance requests must be submitted fifteen (15) days prior to the scheduled Board of Health Meeting. NAME OF APPLICAN V4'5- TEL. NO.3�as ADDRESS OF APPLICANT i�S� /t1/% �CiCl/� IE✓ `s � � NAME OF OWNER OF PROPERTY SUBDIVISION NAME DATE APPROVED ASSESSORS MAP AND PARCEL NUMBER LOT SIZE LOCATION OF REQUEST VARIANCE FROM REGULATION (List Regulation) REASON FOR VARIANCE (May attach letter if more space is needed) PLAN - TWO COPIES OF PLAN MUST BE SUBMITTED CLEARLY OUTLINING VARIANCE REQUEST. VARIANCE APPROVED NOT APPROVED REASON FOR DISAPROVAL Grover'C. M. Farr ish,Chairman Ann Jane Eshbaugh James H. Crocker, Sr. -� BOARD OF HEALTH `.' -' -s G'6 TOWN OF BARNSTABLE o,TN�ro,, The Town of Barnstable • Health Department 31AMT&°`' s 367 Main Street, Hyannis, MA 02601 ab .611�679• ` Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health July 19, 1991 Wayne and Donna Smith Ice Cream Scoop 3261 Main St. Barnstable, MA 02630 RE: Thank you[ Dear Mr. and Mrs. Smith: I am writing to thank you for your recent compliance with the Board of Health condition #1 as listed in the variance letter dated February 25, 1991 (copy attached) . The bathroom facility is now accessible to patrons. This will be more convenient and much easier for your patrons who would otherwise have to walk to other buildings off-site. You are also in compliance with condition #2 of the Board of Health letter which restricts your maximum seating capacity to six (6) . As a reminder, condition #3 states that you must renew the variance on or before March 1, 1992. I am also happy to hear you've installed a new screen door and that you've received another excellent score on a recent inspection. Thank you again for your cooperation. Sincerely yours, Th-omas McKean Director of Public Health TM/lls �OF THEpo� TOWN OF BARNSTABLE P '1' OFFICE OF BAB L MABEL = - BOARD OF HEALTH y A66. p� pp 039• �� 367 MAIN STREET a AYa HYANNIS, MASS. 02601 October 31, 1989 Williard Wayne Smith 1450 Hyannis Road Barnstable, Ma 02630 Dear Mr. Smith: You are granted a conditional variance from the Board of Health Regulation.,#10:."Revised Supplement to Minimum Sanitation Standards for Food Service Establishments that requires a minimum of a 1,000 gallon grease interceptor at all food establishments. This variance will allow you to operate a food service establishment at .3261 Main Street, Barnstable, with the following conditions: (1) No cooking of food will be allowed. Only the following activities are allowed onsite: - Pre-prepared ice cream may be scooped. - "Store bought" pre-prepared soups may be heated. - Sandwiches may be prepared with "store bought" pre-cooked, meats. - Salads may be prepared. - Coffee may be prepared. - "Store bought" pre-prepared muffins may be heated. (2) Only disposable single service paper, plastic, and other disposable dishes and utensils are authorized. (3) The under-sink grease interceptor shall be cleaned monthly (instructions enclosed). (4) This conditional variance expires November 1, 1990. You are also granted permission to provide six (6) seats for the patrons with the following conditions: (1) An additional easily accessible restroom shall be installed within thirty (30) days: _ (2) The restrooms must be labeled "male" and "female:" (3) You must receive approval from the Health Department prior to any increase in seating. (4) All other regulations contained in 103 CMR 590.000: State Sanitary Code Chapter X - Minimum Sanitation Standards for Food Establishments and Town of Barnstable Board of Health Sanitation Regulations shall be strictly adhered to. Mr. Willard Wayne Smith Re: 3261 Main Street, Barnstable October 31, 1989 This variance is not transferable and will be voided if the establishment has a change in use, change of ownership, or leased to a party other than an applicant. Sincerely yours Grover C. M. Farrish, M.D. Chairman BOARD OF HEALTH TOWN OF BARNSTABLE GF/bs Enclosure I T014H rLFR�( Town of BarJnsta Zoning Board ofAp��r a T Special Permit Decision and Notice ------------------------------------------------------------ Appeal : #1990-70 Applicant: Wayne & Donna 'Smith ------------------------------------------------------------ At a regularly scheduled hearing of the Zoning Board of Appeals, held on November 29, 1990, notice of which was duly published in the Barnstable Patriot , and notice of which was forwarded to all interested parties pursuant to Massachusetts General Law (MGL) Chapter 40A , the applicant, Wayne & Donna Smith, has appealed to the Board for a Special Permit pursuit to Section 3-3 . 5 3A (A) of the Zoning Ordinance, Conditional Use Restaurants or Other Fast. Foods , to allow three (3) tables with a total of 6 seats within their business know as the " Ice Cream Scoop" . The applicant's property, located on Assessor's Map/Parcel Number 299/ 18, commonly addresses 3261 Main Street, Barnstable MA, is zoned VB-A, Village Business A District. The appeal was heard by Board members ; Gail Nightingale, Dexter Bliss , Betty Nilsson, Bruce Burlingame, and Chairman Lally. Summary of Evidence: The following materials were submitted to the Zoning Board of Appeals ,File #1990-70 : 1 . Application for a Special Permit time stamped Town Clerk' s Office October 31 , 1990, inclusive of a List of Abutters and a copy of the existing site plan for the office complex in which the business is located; 2. List of abutting property owners within 300 feet as per MGL Ch. 40A, signed Robert D. Whitty, Director of Assessing and dated November 09, 1990; 3. Town of Barnstable Licensing Authority Notice of Public Hearing Town Clerk's Office date stamped November 8, 1990, including attached review by the Director of the Board of Health and a Board of Health letter granting a Variance from a required grease interceptor with conditions and dated May 26, 1989 addressed to Ms Margaret Tyson; . 4. Department of Planning and Development Staff Review dated November 15, 1990; 5 . Floor plan illustrating proposed location of table and submitted at the time of the public hearing; 6. A letter of support from Peter L . Freeman to Zoning Board of Appeals dated November 29, 1990; and r. 7 . A copy of a letter from the Board of Health granting a Variance to grease interceptor with conditions addressed to Willard Wayne Smith dated November 13, 1990 and received at the public hearing of November 29, 1990 . Attorney Robert Cannon represented the petitioner before the Board and explained that the Special Permit is for permission to place three (3) tables with six (6) seats in the Smith's business known as the " Ice Cream Scoop" . Attorney Cannon stated that a change in the Commonwealth of Massachusetts regulations , Section 240A, would permit the Ice Cream Scoop, with its occupancy of twelve ( 12) or less and with only one bathroom to be a legal restaurant according to state law however, such use in the VB-A Zoning District is conditional and would be subject to obtaining a Special Permit from the Zoning Board of Appeals. Site Plan Review was deemed not required. Parking requirements were deemed satisfied based upon the fact that most business (95%) is walk- ins and that under the previous use ("C Jones" retail business) 3 parking spaces were required and under this new use with three (3) tables and two (2) employees the total requirement is three (3) spaces. Attorney Cannon further stated they received the necessary Variance from the Town of Barnstable Board of Health and the Town' s Licensing Board had approved a Common Victualler License conditioned upon the outcome of the Zoning Board of Appeals decision on this Special Permit. No one was present to speak in favor or in opposition to this petition. Findings of Fact : Based on the information presented, the Zoning Board of Appeals made the following findings of fact : 1 . The request for three (3) tables sitting six (6) persons would not substantially derogate from the intent of the Zoning Ordinances in VB-A Zoning District; 2 . The applicant has been to the Board of Health and sought and received an approval for such a use as a restaurant with the limited seating; and 3 . That no opposition from the community was presented. AYES : BURLINGAME, NILSSON, NIGHTINGALE, BLISS, LALLY. NAYS: NONE . Decision: Based on the information presented and the findings of fact, at the meeting of November 29, 1990, by a motion duly made and seconded, the Zoning Board of Appeals voted to grant the relief sought in Appeal No. 1990-70 to permit three (3) tables in the business known as the " Ice Cream Scoop" seating a total of six (6) persons . AYES: BURLINGAME , NILSSON, NIGHTINGALE, BLISS, LALLY. NAYS: NONE The petition is GRANTED. i Any person aggrieved by this decision may appeal to the Barnstable Superior Court, as described in Section 17 of Chapter 40A of the General Laws of the Commonwealth of Massachusetts by bringing:.an action within twenty 'days after the decision has been filed in the office of the Town Clerk. Chairman I, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Board of Appeals rendered its decision in the . above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this day of 19 under the pains and penalties of perjury. Distribution: Property Owner Town Clerk Town Clerk ADnlicanc Persons Interested Building Inspector Public Information Board of Appeals 3z& s/-. �cr�r�s tablie 1vl1q �e �cesf fnr' i ;cam -T l 1 cJ.` , � k.4n/ i DADiAS@ i 367 Main Street, A,,nnid, ///nee. 02601 NOTICE OF PUBLIC HEARING The Barnstable Board of Selectmen will be holding a public hearing on the application for a new, Common Victualer License in the name of Willard Wayne Smith d/b/a Ice Cream Scoop and Sandwich located at 3261 Main St., Barnstable. This hearing will be held on Tuesday, November 7, 1989 at 10:10 a.m. or as soon following as practical in the Selectmen's Conference Room, Barnstable Town Hall, 367 Main St., Hyannis. Martin J. Flynn Chairman William T. Friel Jeremy F. Gilmore Board of Selectmen Town of Barnstable Legal Ad - - Barnstable Patriot 11/2/1989 Please Bill Ad to Selectmen's Office 367 Main Street Hyannis, MA 02601 Attached is a copy of the Board of Health' s variance letter allowing the applicant to operate with six ( 6) seats. The applicant was granted thirty ( 30 ) days in order to allow time for the construction of an additional bathroom. .Also, please note the variance letter states no cooking of . food will be allowed due to another variance from the Regulation #10 which requires in ground grease interceptors at all food service establishments. Only heating of pre-cooked ( s ore-bought) food will be allowed. Thomas A. McKean Director of Public Health / l OP 51yk SANK � W114 or 11J FREEZE WAVP 5iNk ft v � w n t R WPM& c E p0{TMETp.� The Town of Barnstable •` Health Department 367 Main Street, Hyannis, MA 02601 riva Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health TO: Robert Schernig, Planning Director cc:- Arthur Traczyk, Principal Planner FROM: Thomas McKean, Director zo, RE: Ice-Cream Scoop/Approval of Seats 3261 Main Street, Barnstable Village I've been told that the Zoning Board of Appeals. approved the Ice-Cream Scoop for the installation of seats. Please be advised that the one bathroom in this establishment is located behind the food preparation area and is only accessible by walking through the kitchen area. This cannot be allowed due to the State Sanitary Code, Article X. Also, there is only one bathroom. The Barnstable Board of Health Regulation # 11 - TOILET FACILITIES requires separate facilities for male and female patrons. I am writing to you because Arthur Traczyk informed me that the attorney for the applicant of this request had stated to the Zoning Board of Appeals that the Board of Health had approved it. I hope the approval letter to the applicant will have a condition stating that approval must be obtained from the Board of Health prior to the installation of any seats. Thank you. of N rJLVIYn LAN ,h7 KW w '• y A�.�.t.t TOWN CLERK .�•�, /�_ l rur. e � P12 :46 367 MAIN STREET,HYANNI3,MA 02801 .� �V ..8 790-6205 TEL:508-MXOOC FAX:508-775-3344 Thomas R.Rugo,Chairman Elizabeth S.Homor Harold E.Tobey .r NOTICE ON PUBLIC HEARING 4 dr .fa The Barnstable Licensing Authority will hold a public bearing on the request from Wayne and Donna Smith d/b/a The Ice Cream Scoop, 3261 Main Street, Barnstable, Ma., for a New, Common Victualer License on Monday, November 26, 1990 at 10:00 a.m. or as soon following as practical In the large ,Hearing Room, 2nd Floor, Barnstable Town Hall, 367 Main Street, Hyannis, Ma. Thomas R. Rugo, Chairman Elizabeth S. Hornor Harold E. Tobeq Licensing Authority Town of Barnstable jNo seats authorized due to presence of only a (1) bathr a Bordlof Health Regulation , no cooking of food allowed. due to variance granted on May 26, 1989 from th #10 which requires in-ground grease interceptors at all food service establishments. Only heating of pre-cooked (store bought) food is allowed (see attached letter). '? Thomas A. McKean �" Director of Public Health 1 r.f a - 6- IGy Gb• , t J.W111 i : : f • • �' ., ' o .� s.Y i F`Yii rye fir, .!�' u I4F•.r - ' le, f i�H TOWN OF 19ARNSTAoLE 1f ��r O�rO•.1 t' �� 17k ��4 5,�, � ,R 9 r� At. OFFICR ! As»Tsz ! BOARD OF HEALTH i MAN& 1639. 867 MAIN STREET ,;r� t a x 1MA( HYANNIS, MASS. 02601. �� t May 26, 1989 tl y r 11 Mtn c 1 Ik '1 t;t , ,a 'IF Ms. Margaret Tyson 57 Captain Loring Lane Y vi ''it . F Barnstable, Ma 02630 � Dear Ms. Tyson: t . `' `;'% _ ."' ` ":, ' h, ,L x .. You are granted a conditional variance from the Board of Health "Revised. Supplement to Minimum Sanitation Standards for Food Service Establishments' Regulation 10 that requires a minimum of a, 1,000 gallon grease Interceptor, at all food establishments. ` This variance will allow you to operate a food service establishment at. 3261 Main Street, Barnstable, with the following conditions: (1) No cooking or steaming of food will be allowed. Pre-prepared ice,,cream is may be scooped onsite. ' (2) Only disposable single service paper, plastic, .and other disposable dishes and utensils are authorized. (3) You must install an under-sink grease ' Interceptor under ` the double compartment sink approved by the town plumbing Inspector. �F> i l e d l (inst ructions ns enc o e . 1 'month , (4) This grease interceptor shall be cleaned y ( ) (5) You must install a water flow restrictor device at the double compartment sink approved by the plumbing Inspector. 5 (6) All other regulations contained in 105 CMR 590.0009 State Sanitary Code, Chapter X - minimum Sanitation Standards for Food Establishment and of Town of Barnstable Board of Health sanitation regulations .shall ,be strictly adhered to. (7) This conditional variance expires June 1, 1990. This variance is not transferable, and will be voided if the establishmenthas a change In use, change of ownership, or leased,to a party other than =' I an applicants • j .F ° a. ,��}} r. t 1 � rtI 7�R � 1 V ry uty.• , tp t FY Grover C: M. Parrish, M.D. Chairman Board of Health Town of Barnstablet,p T 4.' a 1. enclosure �QyQFTHE TO�yo TOWN OF BARNSTABLE y ^ OFFICE OF MABeL B11AF9T : BOARD OF HEALTH y �pA 039. `�� 367 MAIN STREET HYANNIS, MASS. 02601 November 13, 1989 Willard Wayne Smith 1450 Hyannis Road Barnstable MA 02630 Re: Revisions to October 31, 1989 letter Dear Mr. Smith: You are granted a conditional variance from the Board of Health Regulation #10: "Revised Supplement to Minimum Sanitation Standards for Food Service Establishments that requires a minimum of a 1, 000 gallon grease interceptor at all food establishments. This variance will allow you to operate a food service establishment at 3261 Main Street, Barnstable, with the following conditions: ( 1) No cooking of food will be allowed. Only the following activities are allowed onsite: - Pre-prepared ice cream may be scooped. - "Store bought" pre-prepared soups may be heated. - Sandwiches may be prepared with "store bought" pre-cooked, meats. - Salads may be prepared. - Coffee may be prepared. - "Store bought" pre-prepared muffins may be heated. ( 2) Only disposable single service paper, plastic, and other disposable dishes and utensils are authorized. ( 3) The under-sink grease interceptor shall be cleaned monthly (instructions enclosed) . ( 4) This conditional variance expires November 1, 1990. You are also granted permission to provide two (2) benches for waiting patrons with the following conditions:. y McKean, Thomas From: McKean, Thomas Sent: Friday, March 08, 2002 3:09 PM To: Geiler, Tom Subject: Whistleberries/Recent Sequence of Events • On Wednesday, February 27th, Thomas McKean received an inquiry from a citizen about various customers from Whistleberries were being sent to the Fire Station to use the bathrooms. Mr. McKean assigned Health Inspector Edward Barry to go over to the Whistleberries restaurant to investigate this matter. • On the morning of Friday March 1, 2002, Mr. Barry ordered the new owners of Whistleberries to remove all seating for patrons due to the fact that there were no toilet facilities provided for patrons (violation of Board of Health Regulation PART II SECTION 1.00, Regulation 11, Toilet Facilities), and to further to cease and desist operating without a food service permit(violation of the 1999 Federal Food Code and State Sanitary Code 105 CMR 590.000). • At approximately 1:00 p.m. that same day(3/1/02), one of the owners came to the Health Division Office and filed a variance request for operation of a food service establishment without the required 1,000 gallon minimum grease trap and without toilet facilities for patrons. • Later that afternoon (same day 3/1/02) Edward Barry re-inspected the restaurant and allowed the owners to re- open. Mr. Barry hand-delivered the permit to them at that time. • On or about March 6, 2002, Thomas McKean asked Health Inspector Edward Barry to verify whether or not the submitted plan (sketch) received from the applicant reflects the layout at the site. Mr. Barry returned later that day with a report that the submitted plan misrepresented what is actually at the site. The bathroom is not accessible to any customers unless they travel through the food preparation area (a violation of both the Federal Food Code and the State Sanitary Code 105 CMR 590.000). Mr. Barry asked the owner to re-draw the plan to show the actual layout at the site. • On March 7, 2002, Thomas McKean received a voice mail message from the owner indicating he does not need a grease trap variance because, he indicated, there is an in-line grease trap already there located beneath the sink. Mr. McKean telephoned the owner back that day and indicated to him that a variance is required due to the fact that there is no minimum 1,000 gallon grease trap onsite (as required by the Board of Health Regulation, PART II, Section 1.00, Regulation 10- Plumbing). Mr. McKean also informed the owner that there is a grease trap variance guide which will be mailed to him. After questioning the owner about the cooking of eggs and preparation of mayonnaise in the sandwiches, Mr. McKean indicated to the owner that the menu which was submitted appeared to meet most of the requirements in the grease trap variance guide. BACKGROUND INFORMATION The Board of Health granted the previous lessee of this restaurant variances from both the 1,000 gallon grease trap minimum regulation and from the toilet facilities regulation. The variances are not transferable to another lessee or owner. Here is the letter attached: PLESO.DOC(14 KB) • CONDITION#1 reads : Patrons shall not be allowed to travel through the food preparation area to utilize the toilet facility. They shall be provided access to a conveniently located toilet facility onsite. The previous applicant was required to comply with condition#1. Patrons were able to access the bathroom from outdoors for many years, without traveling through the food prep area. According to the new owner, the previous lessee nailed the door shut without first requesting permission from the Board of Health. 1 • CONDITION#6 reads: In the event that this business is sold or transferred both the current licensee and the owner have the duty to inform any and all potential purchasers of the existence of these variances and the fact the Board has explicitly made them non-transferable. However, according to the new owner, he was never informed about this condition. z