The Marion Board of Health met on Thursday, July 23 for two lengthy discussions and some town health updates, though the meeting start was taken up by a dispute with a local business.
They began with a discussion on the Food Establishment Inspection for Gone Country Creamery at 2 Cottage Street. There has been ongoing discussion over the refusal to inspect the ice cream creamery, with Chair Edward Hoffer noting, “This has been an ongoing problem. The owner is of the belief that someone in Marion wants to shut her down and has got the Board of Health to cooperate in this endeavor.” Hoffer assured the owner, Bryanne Tucci, who was present, that this was not the case.
Hoffer noted the owner had refused inspectors entry on multiple occasions, though an agreement had been made for an inspection on July 22, the previous day. The chair noted Tucci “changed her mind,” leading to the current predicament, with the chair adding, “From my perspective, we have gone as far as we can trying to get voluntary inspection, and we are at this point, going to insist that the inspection be done as required by state law, and if it is not allowed to be done, there will be consequences.”
Public Health Director Lori Desmarais stated a regular 6-month inspection had been attempted on the property on June 29 but said “we were not allowed to do the inspection at that time” due to denied access. A letter was sent to request an inspection be scheduled by July 15, to which a reply was received one day after, on July 16, where the July 23 inspection was scheduled. She added, “But less than 24 hours after it had been scheduled, Bryanne had notified me via email that the inspection would not happen on that date.”
Hoffer and the board moved to order the establishment to allow inspection agents to complete an inspection, pursuant Section 8402-40 of the Food Code of the Massachusetts State Sanitary Code. The chair noted failure to allow an inspection before July 27 at 5:00 pm would result in a suspension of the creamery’s food permit. The board voted unanimously to approve this measure.
Tucci noted no inspection had ever been refused and added a previous date for inspection was her son’s birthday, where she stated the date was taken from her Facebook page. She added, “I’m in the process of securing a lawyer and having the investigation. That code of ethics should have stopped all this from happening – and there is major, major, major conflict of interest between the Board of Health and surrounding businesses.”
Tucci noted the board has unfair practices targeting certain businesses, stating she has no issues with inspections but believes she was treated unfairly, again stating, “My lawyer is going to go through it. My rights have been violated.” Pushing back on the board, she said, “I don’t sell cigarettes. I don’t sell alcohol. I sell ice cream.” and added, “I can’t believe I’m fighting for my business.”
Board members stressed the order stands, and reached understanding an inspection would be completed in the following days. Connor Mullin, Town Counsel, noted he was available to assist in possible legal matters going forward.
Following that, the board moved to their continued discussion on 20 Old Indian Trail. The chair noted talks on the property had been ongoing for multiple years, saying, “the septic system at 20 Old Indian Trail was not properly maintained.” and pointing to leaking into the property ground. Abutters spoke, noting consistent leaking from the septic system. After lengthy discussion from the abutters, the chair stated, “I think we need the property owners to give them an opportunity to respond.”
Owner Mark Gaffe then came to the front to speak, noting he has owned the property since 1989. He noted consistent flooding problems and attempts to resolve them over the last 20 years. Another abutter, Patricia DeCosta, then spoke, asking, “What are we going to do with this raw sewage that’s been flowing onto their property and onto mine?” then asking the BoH to act.
There was a prolonged discussion between the owner and abutters, with the owner stating many solutions had been attempted. Per counsel’s recommendation, the chair decided against another continuance and made a motion for a Title V inspection of the property.
The next meeting of the Marion Board of Health is scheduled for Thursday, August 6 at 4:30 pm in the Marion Police Department conference room.
Marion Board of Health
By Sam Bishop