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BOARD OF HEALTH MEETING
WEDNESDAY MARCH 6, 2019 AT 7: OOPM
TOWN HALL, ROOM B
Board members present: Carmen Scherzo, DVM , Chairman ; Annette Graczewski , MT (ASCP) , Vice Chairman , Penny
Hausser Holeman , MPH , MA, MS and Nancy Leach , PharmD
Board members absent: Joe Ford
Others present: Nancy Ellis Ice , CHO , RS , MPH , Health Director and Tammi Mason , Senior Department Assistant
1 . Chairman 's announcements
Massachusetts substance abuse helpline number is 800-327-5050 . All calls are confidential .
The Stanton Foundation has notified the Town of Brewster that is has been awarded a construction grant for 90% of the
cost to build a municipal dog park . The grant will be paid after the Town has selected a bidder. The town has to provide
10 % of the final cost in order to receive the grant. That 10 % will be voted on at the spring town meeting .
The Federal Drug Administration has proposed a major change to sunscreen rules , The proposed rules cover the safety
of sunscreen ingredients , SPF , the requirement for testing and labeling and broad spectrum protection . The proposed
rules would bring over the counter sunscreen marketed without FDA approval up to date with the latest science .
Dr. Scherzo spoke with Colette Williams , Town Clerk and was told that there is still an opening for the 1 year term on the
Board . There are 3 people running for 2 open spots .
2 . J . M . O'Reilly & Associates , Inc. - local variance request for 21 Fisher Point Road
John O ' Reilly presented to the Board . The owner had previously filed for a variance and was denied . The system
consists of a 1000 gallon tank and an 8X4 leaching pit. It was installed in 1980 . The SAS is 122 feet away from Elbow
Pond . Separation from bottom of leach pit to groundwater elevation is 20 feet. The Title 5 septic inspection passed with
the exception of this . Elbow pond is on the north and east side of the property. The south side of Elbow pond is down
gradient of ground water flow, which in essence means that the water is flowing towards the property and the south .
Mrs . Graczewski asked how long the owner had lived in home . Mrs . Ice stated since 1980 .
Dr. Scherzo voiced his concern about the groundwater flow. The plan shows the up gradient flow to the southeast. He
believes that this property has groundwater flow southeast, that hits the corner of the pond . There is a group (town and
pond coalition) trying to bring the pond back up to par. He thinks that the place of this Board is to protect the pond . He
believes that the SAS should be upgraded . Mr. O ' Reilly stated that Elbow Pond is at the top of the divide between the
Herring River basin and the Cape Cod Bay basin . He handed out a copy of the map ( pond elevations) to the Board . The
regional map shows the groundwater going south .
Mr. O' Reilly doesn 't think that there is an issue with the SAS and its distance to the pond .
Mrs. Graczewski stated that she is pleased with all the information she received on this issue. It was far more than what
was submitted last time . She doesn ' t have an issue with the distance from the SAS to the pond and would feel
comfortable granting the variance .
Mr. O' Reilly mentioned that the only true way to determine groundwater flow is by installing monitoring wells .
Ms . Leach asked if Mrs . Ice was in support of what Mr. O' Reilly stated or what Dr. Scherzo stated . Mrs . Ice stated that she
is in agreement with Mr. O ' Reilly.
W W WMREWSTER-MA . GOV
BOH 3/6/2019 Minutes Page 2
Motion : Finding that groundwater is flowing towards property and not the pond , and there is a 20' separation from the
bottom of the SAS to the groundwater, approve the variance request to allow the SAS to remain 122' from the pond .
Motion : Annette Graczewski Second : Penny Hausser Holeman Vote: 3- 1 -0 Action : Motion carried
3 . Brewster Coffee Shop - Food Establishment permit application (new manager)
The new manager was not present.
Mrs . Ice told the Board that the last pumping recorded was in 2016 but noted that the office is about a year behind in
entering pumping records .
Mrs , Graczewski is concerned with the grease trap and believes it needs to be inspected and cleaned .
Ms . Leach would like the new manager to be present before she makes any decision ,
Motion : Continue until the next regularly scheduled meeting ,
Motion : Nancy Leach Second : Penny Hausser Holeman Vote: 4-0-0 Action: Motion carried
4 . Laecio T. DeOliveira - 848 Great Fields Road - waiver request for Title V septic inspection
Amanda DeOliveira was present. She explained that she is purchasing this property from her father and wanted a waiver
to not have the septic system inspected . The system was pumped last in 2017 . The system was installed in 2002 ,
Motion : Grant a waiver from the Real Estate Transfer Regulation requirement of having the septic system inspected upon
transfer of property.
Motion : Annette Graczewski Second: Penny Hausser Holeman Vote : 4-0- 0 Action : Motion carried
5 . Saumil Patel - Brewster Farms - tobacco regulation violation
Mrs . Ice told the Board that all corrections were made at the time of the inspection ,
Mrs , Graczewski asked if there were any other violations in the last few years . Mrs . Ice stated that there had been no
violations in the last three years.
Motion : Fine Brewster Farms $ 100 and send a letter to the owner asking that he educate his employees about the
regulations .
Motion % Nancy Leach Second: Penny Hausser Holeman Vote: 4-0-0 Action: Motion carried
6 . Regulation Prohibiting Smoking in Workplaces and Public Places - addition of exemption for Golf Course and
Signatures
Motion : Add to Section D6 : Outdoor play areas at Town owned golf courses are exempt from this prohibition .
Motion : Annette Graczewski Second : Nancy Leach Vote: 4-0-0 Action : Motion carried
7 . Horsley Witten Group - annual report for King 's Landing
Joe Henderson from Horsley Witten and Winston Steadman , operator were present. The POAH ( Preservation of
Affordable Housing) people distributed education materials to residents. They have come up with a plan to make changes
to the wastewater treatment facility to get it working properly .
BOM 3/6/ 19 Minutes , Page 3
Dr. Scherzo stated that he was pleased with the last round of results . Mr. Henderson stated that those results were
incorrect. Mr. Steadman stated that things are getting better but still not where things should be . He believes that the
issue is the flushable wipes .
Mr. Henderson stated that they will be meeting with DEP in regards to the system not working properly. He will give the
Board a summary of what happens at that meeting ,
Mrs . Graczewski asked that the correct data be submitted to the Health Department so that it can then be distributed to the
Board .
Motion: Invite Horsley Witten and Winston Steadman back in July to report on the conditions and have them submit an
update when the meeting with DEP happens .
Motion : Annette Graczewski Second : Penny Hausser Holeman Vote: 4-0-0 Action: Motion carried
8 . Discuss email from Laura Kelley ( POCCA) re : Eversource (YOP)
Dr. Scherzo distributed a letter he had written to Eversource for the Board to review.
The Board agreed to review the letter within a week and get back to Mrs. Ice . If the letter is ok, it will get sent out.
9 . Review & approve 1 / 16/2019 minutes
There were a few changes made .
Motion : Approve the minutes with corrections ,
Motion : Annette Graczewski Second : Penny Hausser Holeman Vote: 4-0-0 Action : Motion carried
10. Review & approve 2/6/2019 minutes
There were a few changes made .
Motion: Approve the minutes with corrections .
Motion : Annette Graczewski Second: Penny Hausser Holeman Vote: 4-0-0 Action: Motion carried
11 . Review & approve 2/20/2019 minutes
Motion : Approve minutes as written .
Motion : Penny Hausser Holeman Second: Nancy Leach Vote: 4-0-0 Action: Motion carried
12. Topics the Chairman did not anticipate
The Board agreed to hold a meeting on March 20 , 2019 . ( Board had previously decided to not meet)
Documents to be signed:
Pets Banned from Beaches regulation was signed .
Informational items were noted .
Meeting adjourned at 8 : 30PM