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PHONE : 508 . 896. 3701 EXT. 1120
Q N FAX : 508 . 896 .4538 Sherrie McCullough, R. S .
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Board of Health Meeting
Wednesday April 1 , 2020 at S : OOPM E11IaE11c,
Remote Participation Meeting
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Board members on remotely: Annette Graczewski, MT (ASCP), Chair; Carmen Scherzo, DVM , Vice Chair; Joe Ford ; Penny
Hausser Holeman, MPH , MA, MS and Lucas Dinwiddie
Others present remotely: Amy von Hone, R. S ., C . H . O ., Health Director, Sherrie McCullough, R . S ., Assistant Health Director,
Jason Ellis, J . C . Ellis Design Co ., Inc . and Mary Chaffee, Select Board Liaison
1 . Chairman 's announcements
None
2 . Citizen 's Forum
There was no one remotely participating but Mrs . von Hone stated that she had received an email that had been sent to
the Barnstable Health Department regarding reusable plastic bags . She stated that the small stores that are located in
Brewster are not using the reusable bags . They are using plastic bags that the Governor allowed in his order.
3 . J .C . Ellis Design Co., Inc . — State and Local variance requests for 60 Cedar Hill Road = Patricia & James Law
Mr. Ellis stated that this is currently a three bedroom dwelling which is serviced by two cesspools . Conservation
Commission has approved this . He is asking for the following variances :
1 . To allow the SAS to be T from the foundation
2 . To allow the SAS to be 5 ' from the lot line
3 . To allow the septic tank to be 5 ' from the lot line
4 . To allow the pump chamber to be 6' from the lot line
5 . To allow no reserve area
6 . To allow the SAS to be 60' from the top of the coastal bank
Mrs . Graczewski stated that she thought this was a significant improvement and believes it is designed in the best spot .
She did ask if the installer would be using schedule 40 . Mr. Ellis stated that he would be .
Mr. Dinwiddie stated that it is clear from the plan that there is not a lot of room and feels it is being designed in the right
spot.
BOH 4/ 1 /2020 Minutes Page 2
Motion : Finding that this is an improvement over what is there and there is limited space on the lot, approve the
variances requested on the septic plan dated 3/ 13/2020 .
Motion : Joe Ford Second : Carmen Scherzo Vote : Annette Graczewski —yes Action : Motion carried
Carmen Scherzo - yes
Joe Ford — yes
Penny Hausser Holeman — yes
Lucas Dinwiddie — yes
4. Consent agenda - 345 Holly Avenue - Matt & John Anderson - Miller-Title 5 inspection , 300 ' pond setback
variance request
Dr. Scherzo stated that he disagrees with the director on groundwater flow. He believes that it is going north towards CC
Bay and thinks that this should have come before the whole Board for the variance request .
Mrs . von Hone stated that in reviewing the Real Estate Transfer inspection, the SAS was closer than 300' to the pond .
Looking at the water table map for Brewster/Harwich, it appears that the groundwater flow is going in a northerly
direction towards CC Bay and also going in an easterly direction . The Health Department' s determination was based on
the way the property and septic system were situated . They felt that the flow was more downgradient than up gradient . It
was determined that the bottom of the leaching to groundwater was 29 . 5 feet .
Mrs . Graczewski asked if Mrs . von Hone and Dr. Scherzo were looking at different maps . Mrs . von Hone stated that the
only thing she could think of was that Dr. Scherzo was looking at the Horsley Witten maps that have not been
incorporated into the Board of Health regulations yet. Dr. Scherzo stated that he believed that the Board had
used/recognized these maps before and that he is very concerned with phosphorus getting into the pond .
Mrs . Graczewski believes that there is a difference of opinion between Mrs . von Hone and Dr. Scherzo . Mr. Dinwiddie
stated that unless this was a pressing matter maybe the Board could continue it and do some more research . Mrs . von
Hone stated the owner has already received the written approval from the office . She also noted that the home is used
seasonally and is 170' from the pond and that the d - box was replaced as part of the inspection .
Ms . Hausser Holeman stated that she thinks it would be helpful if the Board could have a discussion on these issues in the
future .
Mr. Ford stated that he was comfortable with the variance having been issued by the Health Director,
Motion : Finding that the system is functional and there is a 29 ' separation to the pond vertically and 170' horizontally,
approve the consent agenda for 345 Holly Avenue . Variance applied for on 3/ 17/2020 and approved on 3/24/2020 .
Motion : Joe Ford Second : Lucas Dinwiddie Vote: Annette Graczewski — yes Action : Motion carried
Carmen Scherzo — no
Joe Ford — yes
Penny Hausser Holeman — yes
Lucas Dinwiddie — yes
S . Discuss and vote Authorization of Agent of the Board of Health
This is related to the current public health emergency. This document would give Mrs . von Hone the authority to act for
the Board of Health with regards to urgent matters due to the emergency.
BOH 4/ 1 /2020 Minutes Page 3
Mrs . von Hone mentioned specific examples like closing the playgrounds or golf courses . If this needed to be done
quickly this would give her the authority to do that without having to wait for the Board to meet . Massachusetts General
Law Chapter 111 , Section 30 allows the Board of Health to appoint an agent in the event of an emergency .
Mrs . McCullough stated that this is also listed in the Town ' s COOP plan .
Ms . Hausser Holeman thinks that this would be an appropriate thing to do in light of what is going on .
Dr. Scherzo asked if the Select Board had given the Town Administrator this authority. Mrs . Graczewski stated that she
had not asked that question .
Dr. Chaffee stated that there were several instances where the Town Administrator had to make quick decisions on the
Select Board ' s behalf. However, most decisions that have been made have come before the Select Board .
Dr. Scherzo stated that he didn 't want to relinquish the Board ' s authority to make decisions by authorizing this and that
the Health Director should be checking with the Chair with regards to decisions .
Mrs . Graczewski stated that the Board would not be relinquishing their authority, just giving authority to the Health
Director in case of an emergency. She also stated that the she is in constant contact with Mrs . von Hone and that she is
part of most of the calls and receives the guidance documents .
Motion : Authorize the Health Director to act in place of the Board of Health in emergency situation .
Motion : Penny Hausser Holeman Second : Joe Ford Vote: Annette Graczewski — yes Action : Motion carried
Carmen Scherzo — yes
Joe Ford — yes
Penny Hausser Holeman — yes
Lucas Dinwiddie - yes
6 . COVID - 19 Discussion and update
Mrs . Graczewski stated that as of 4 :OOPM today, the State of Massachusetts reported 7, 738 positive cases including 255 in
Barnstable County. We currently have 9 confirmed cases in Brewster. State and County statistics are updated daily on the
DPH website and we will provide updated local information as it becomes available . Presently all Town buildings remain
closed to the public, but all departments continue to work remotely and provide services on a limited basis . Please visit
the Town of Brewster website for instructions and contact information .
On March 23 , 2020, Governor Baker issued an order designating essential services and temporarily closed businesses that
are not designated as not providing those essential services . In addition, he prohibited gatherings of more than 10
people . Yesterday, March 31 , 2020, the Governor extended his order to May 4, 2020 and also designated some additional
essential services and functions that were deemed necessary to promote public health and wellness in the commonwealth .
He also continued to discourage any large group gatherings and encouraged continued social distancing . That March 31 ,
2020 order became effective today, April 1 , 2020 . Consistent with the Governors order, guidance issued by Commissioner
Bharel from MDPH on March 24, 2020 strongly urges individuals to stay at home with the exception of essential trips, such
as food and medicine and also getting some time for exercise and fresh air.
Residents of Brewster are strongly encouraged to avoid unnecessary travel . Town facilities, including all our playgrounds,
municipal golf courses, tennis, pickle ball, and basketball courts are closed to the public . The beaches, rail trail and parks
remain open to allow the residents to do activities outdoors while remaining mindful of the social distancing protocol . In
addition to extending the March 23 , 2020 order, information received yesterday provided clarification of some questions
that have arisen across the county relative to construction projects . The March 23 , 2020 order defined construction as an
BOH 4/ 1 /2020 Minutes Page 4
essential service which may continue . Additional guidance coming out subsequent to the Governor' s revised order
yesterday suggested that decisions regarding construction activity may be made at the local level where concerns arise
regarding a contractor' s ability to adhere to the published guidelines and procedures for construction site workers . The
Town of Brewster has very limited number of construction projects going on at this time .
Mrs . Graczewski stated that she did check with Mrs . von Hone before this meeting and the Health Department has not
received any reports to suggest noncompliance with the guidance disseminated from the Governor' s office and MDPH .
Mrs . von Hone is reviewing building permits and will be attaching that guidance document to permits that come through
the Health Department. Additional information for construction site safety protocol are available at Mass .gov or by
contacting the Health or Building Departments ,
Mrs . Graczewski stated that she doesn 't believe that the Board needs to take any more action at this time with regards to
construction sites .
Dr. Scherzo spoke about the Select Board ' s latest meeting and Nantucket' s Town Counsel speaking about construction
over there .
Dr. Chaffee stated that Lauren Goldberg , Town Counsel did make a general comment about Nantucket being able to
restrict construction despite it being listed as essential by the Governor.
Mrs . Graczewski stated that she had looked back at guidance documents from 3/23/2020 and following the dissemination
of that information regarding essential services, and Dr. Scherzo is correct . Counsel did issue guidance documents
explaining what that meant and she thought that the discussion by the Select Board at the last meeting didn 't result in a
decision but noted that more guidance would be coming out, which it did , as of yesterday . The guidance states that local
Boards of Health may make a different decision where there are instances that these construction sites cannot meet public
health measures that are required under the guidance that' s been given to them .
The Governor' s office also issued additional guidance as to how the 3/31 /2020 order applied to hotels, motels, inns, B &
B ' s and short term residential rentals including those that are arranged through online postings such as Air B & B ' s and
VRBO . This is new information . Lodging is defined as an essential service under the order when housing is offered for
health care workers, first responders and other workers identified as essential workforce . Members of vulnerable
population, MA Residents who are self- isolating or self- quarantining for the duration of the quarantine only. Individuals
receiving medical care from a physician in MA (Specialized medical care), or an extenuating circumstance which occurs
from a fire or some other casualty. Lodging for a vacation or leisure purposes is not considered essential and is prohibited
under the March 31 , 2020 order, through at least May 4, 2020 . A copy of the complete order can be accessed on the
Town ' s website .
7 . Discussion regarding possible temporary suspension of seasonal Water Department service turn - ons
On March 30, 2020 the Select Board met and discussed the question of whether or not the Water Department should
continue turning water on for seasonal residents who avail themselves of this service that is offered . These are a limited
number of residents who are reliant upon this service as compared to the presumptive number of second or seasonal
homes . In consideration of the homeowner, who are our seasonal neighbors and contribute to our local economy, the
Select Board did not recommend that the Board of Health take any action to discontinue that service currently provided
by the Water Department for the remaining 350 residents who avail themselves of this service .
Mrs . Graczewski stated that she agrees with the decision the Select Board made and doesn 't think that the Board of Health
needs to act on this .
BOH 4/ 1 /2020 Minutes Page 5
Dr. Chaffee stated that the Water Superintendent did join in at the Select Board meeting and explained that his personnel
are able to take appropriate measures to protect themselves when they are doing the seasonal turn ons . They do go into
homes but they request that the homeowner is not home so that there is no opportunity for interaction . The Water
Superintendent is comfortable with the procedures that are in place and the outcome of the Select Board vote was 5 -0 in
favor of continuing the service .
The Board of Health was satisfied that this service could continue with low risk to Town workers .
8 . Review and approve minutes from 3/4/2020 meeting
There was 1 minor change .
Motion : Approve minutes with revision .
Motion : Carmen Scherzo Second : Lucas Dinwiddie Vote: Annette Graczewski — yes Action : Motion carried
Carmen Scherzo — yes
Joe Ford — yes
Penny Hausser Holeman — abstain
Lucas Dinwiddie — yes
Informational items were noted .
Meeting adjourned at 5 : 58 .
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