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PHONE : 508 . 896 . 3701 EXT, 1120
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BOARD OF HEALTH MEETING
WEDNESDAY NOVEMBER 06 , 2019 AT 7 : OOPM
TOWN HALL , ROOM B
Board members present: Annette Graczewski , MT (ASCP) , Chairman ; Carmen Scherzo , DVM , Vice Chairman ;
Joe Ford and Penny Hausser Holeman , MPH , MA, MS .
Board members absent: Lucas Dinwiddie
Others present: Amy von Hone , R . S . , C . H . O . , Health Director, Tammi Mason , Senior Department Assistant,
Attorney Cheryl Sbarra , Senior Staff Attorney & Director of the Tobacco Cessation & Prevention Program for
MAHB , Robert Collett, Cape Cod Regional Tobacco Control Program , Karen Whitney, Chair of the Charter
Committee , Robin Wilcox , Sweetser Engineering , The Zaroznys , owners of 23 Salt Works Road and Nancy
Peterson , Realtor for 15 Fisher Point Road .
1 . Chairman 's announcements
The Health Department has created a list for anyone from the public that would like to receive the meeting
agendas by email .
The Health Department along with Cape Cod Health Care held a successful flu clinic . They vaccinated 154
people .
The Brewster Police Department is offering drug take back at the police department 24 hours a day, 7 days a
week .
2 . Citizen 's Forum
Dwight and Joanne Ritter of 21 Foster Road spoke about on -going problems with Chillingsworth Restaurant
dumpster. They stated that they had previously been before the board (although it has been a few years now) .
They would like the restaurant to move their dumpster. They have been trying to do this since 2007 , and at a
Board of Health meeting it was agreed upon by the Board that if there was another complaint, the dumpster would
have to be moved . There were no problems with the dumpster in 2018 . They would really like to see the dumpster
moved . Mrs . Grazewski stated that the Board could not comment on this because it is not an agenda item .
Ben Peters of 32 Featherbed lane spoke about WkFi waves and how it is making people suffer. Students are
losing their ability to learn and they are going to suffer long term effects if nothing is done . He would like to see
electronics out of schools .
3 . Sweetser Engineering - Title 5 and Local variance requests for 23 Salt Works Road
Robin Wilcox presented to the Board . The Zaroznys ( homeowners) were also present.
The septic system was inspected and found to be in failure . There is roughly 2 . 5 feet of unusable soil . No water
was encountered in any of the test holes . The existing house had been applied for as a 4 bedroom home, since
BOH 11 /6/ 19 Minutes Page 2
then there have been additions to the lower level of the house . There are currently 12 rooms in this house . A
walk through was done last week with the Health Director. It was determined that there are 5 bedrooms in the
house now. This has been through the Conservation Commission already and received approval . There will be
landscaping restoration done . The following variances are requested :
1 . To allow the septic tank to be 5 feet from the foundation
2 . To allow the pump chamber to be 9 feet from the foundation
3 . To allow the pump chamber to be 6 feet from a lot line
4 . To allow the SAS to be 11 feet from the foundation
5 . To allow the SAS to be 6 feet from a lot line
6 . To allow the SAS to be 22 feet from a catch basin
7 . To allow no reserve area
Ms . Hausser Holeman asked if it was Town or well water. It was noted that the property has Town water.
Dr. Scherzo asked where the old system was . Mr. Wilcox stated that is under where the new one is going . There
will be H2O components .
Motion : Approve variances as requested .
Motion : Joe Ford Second : Penny Hausser Holeman Vote: 4-0 -0 Action: Motion carried
4 . Libby Zisson - Local variance request for 15 Fisher Point Road
Ms . Hausser Holeman recused herself and left the room .
Nancy Peterson , seller's real estate agent was present.
The SAS is downgradient and 135 feet from Elbow Pond . The well water results came back acceptable . The
bottom of pit is 25' above groundwater.
This house has been used seasonally .
Motion : Approve the variance to allow the SAS to remain 135 feet from Elbow Pond .
Motion : Carmen Scherzo Second : Joe Ford Vote: 3-0-0 Action : Motion carried
Ms . Hausser Holeman returned to the meeting .
5 . Discussion and feedback from Charter Committee meeting
Karen Whitney, Chair of the Charter Committee was present to answer any questions . She noted that the
Committee did get feedback from the Planning Board so she can reference that if the Board wants .
She went over what the planning board answers were . They did not want associate members but were in favor of
having 2 three year terms and 5 five year terms . They did not want term limits and they want to remain elected .
They want the appointing process to stay the same . There was no discussion on the recall question .
Mr. Dinwiddie did send in his comments .
There was discussion by the Board on all the questions from the Charter Committee , The Board agreed on the
following :
1 . Length of term should remain at 3 years
2 . No term limits
3 . Stay a 5 member elected board
BOH 11 /6/ 19 Minutes Page 3
4 . Appointed Associate members would be beneficial . Associate member candidates should be sorted and
selected for interviews by BOH members . Select Board will make final appointment. Associate members
can partake in discussion but only vote if full member is not available . Maximum term of 2 years
5 . Remain a joint meeting with BOH and BOS when looking for new Board members to fill vacancies .
6 . The Board should continue to have authority to hire a Health Director with help from the Town
Administrator, The Town Administrator will be responsible for discipline & administration oversight. The
BOH will be responsible for policy and regulatory oversight
T With regards to a recall , if members miss 1 /3 of meetings in a fiscal year than there should be some
recourse . The definition of acceptable reasons for a recall should include absenteeism and
unpreparedness
8 . Reasons for absences should be articulated in a reasonable manner
6 . Discussion on Massachusetts Department of Public Health Vaping Ban
Bob Collett from the Cape Cod Regional Tobacco Control Program and Cheryl Sbarra , Senior Staff Attorney ,
Director of the Tobacco Cessation & Prevention Program for the Mass . Assoc . of Health Boards were present.
Attorney Sbarra stated that there are over 1800 cases of illness . MA has had 3 deaths and 65 illnesses . The
Governor issued an emergency order on October 25o 2019 banning all vaping products . 2 lawsuits were brought
against them and they lost. The Governor went to the public health commission and they formally put a ban on
vaping products for 3 months . A Judge also denied the piece of the ban on medical marijuana . Every state but
Alaska has reported illnesses . The CDC website updates every Thursday . DPH does have updates on their site
for Massachusetts .
Mrs . Graczewski asked about the meeting on the 22nd with regards to the vaping industry . Attorney Sbarra stated
that it will be a public hearing where anyone can voice their opinion .
Mrs . Graczewski asked where the DPH was going with this . Attorney Sbarra stated that she thinks the governor
would continue with an emergency ban .
Mr. Collett doesn 't think 3 months is enough time to determine what is in the products that is causing the illnesses .
Mrs . Graczewski asked if any other states have taken action or any other local BOH . Attorney Sbarra stated that
other states have taken action but they were struck down by judges . Canton , MA is considering action . There are
communities that have restricted these items to adult only retail tobacco stores . Most are addressing flavored
tobacco .
Mr. Ford put together materials about THC and CBD . He believes that shadows are being cast on the whole
vaping industry . He doesn ' t support taking anymore action as far as banning flavors or vaping .
Dr. Scherzo talked about a "chemical burn" which no one has been able to determine the cause of. He does
agree with Mr. Ford and thinks the Board should wait before taking any more action .
Mrs . Graczewski believes that adults should have the right to make their own choices , but agrees that it should be
restricted to children . Meaning restricting tobacco products to adult use retail tobacco stores .
Attorney Sbarra stated that there are 17 lawsuits right now.
Mr. Ford stated that he doesn 't think it would be a good idea to restrict to Adult only retail tobacco stores . It would
hurt business in town .
Mrs . Graczewski asked about the action at the state house today . Attorney Sbarra stated that there was a rally
from the retailers about a bill that was presented that would ban all flavored tobacco products including mint,
menthol and wintergreen . It is supposed to be heard before Nov 201h .
It was noted that the Select Board thinks the BOH should ban all flavored tobacco .
BOH 11 /6/ 19 Minutes Page 4
Mr. Collett stated that he had never seen something done this quickly . According to research , only 3 % of adults
use the Juul . The rest is underage . Menthol and mint are the most common flavors .
Mrs . von Hone stated that some Brewster residents went to the Select Board to talk about this .
7 . Discuss and comment on Site Plan Review ( Planning Board) application for the Haven Center, 4018 Main
Street
Dr. Scherzo asked about the new system . Mrs . von Hone stated that on the old plan it was proposed to be in the
front west.
Dr. Scherzo spoke about security issues .
Dr. Scherzo also believes that there needs to be a statement with regards to keeping marijuana out of the reach of
pets .
Dr. Scherzo stated that at a Select Board meeting it was noted that the Haven center has applied for an Adult Use
Marijuana license and if they get it, it will be the only one allowed in town .
8 . Review and approve minutes from 8/7/ 19 ; 8/21 / 19; 9/4/19 and 9/ 18/ 19 meetings
Motion : Approve 8/7/2019 minutes as amended .
Motion : Joe Ford Second : Penny Hausser Holeman Vote : 4-0-0 Action : Motion carried
Motion : Approve 8/21 /2019 minutes as written .
Motion : Carmen Scherzo Second : Joe Ford Vote: 3- 1 -0 Action : Motion carried
Motion : Approve 9/4/2019 minutes as amended .
Motion : Penny Hausser Holeman Second : Carmen Scherzo Vote: 3. 1 . 0 Action : Motion carried
Motion : Approve 8/ 18/2019 minutes as written .
Motion : Joe Ford Second : Penny Hausser Holeman Vote: 4- 0-0 Action : Motion carried
9 . Topics the Chairman did not anticipate
Mrs . von Hone spoke about the " in house" variances and local upgrade approvals .
10 . Informational items
Noted .
Liaison reports :
Dr. Scherzo spoke about the dog park . The bid was $ 200 , 000 over the estimated cost. The article will probably
be pulled from the warrant.
Mrs . Graczewski spoke about 1399 Freeman 's Way , where the grow lab is proposed . They are subdividing it into
6 lots now.
Meeting adjourned at 9 : 25PM