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HomeMy Public PortalAboutBoard of Health -- 2020-07-01 Minutes III IllI1/g/l/ o/z/ Town of Brewster $ Vt�W $ rF'/jf�fi�'%i BREWSTER�MASSACHUS8 MAIN STREET Health Department MASSACHUSETTS 02631 - 1 $98 Amy L. von Hone, R. S . , C.H. O . Director � r a` PHONE ; 508 . 896 . 3701 EXT. 1120 O < FAX : 508 . 896 .4538 Sherrie McCullough, R. S . �" `�� = •� brliealtlt(ct),brewster-ma. eov Assistant Director ` WWW.BREWSTER-MA. GOV Tammi Mason 8/Illllylllll111lllllllt111\\\\��h\1 Senior Department Assistant Board of Health Meeting Wednesday July 1 , 2020 at 7 :OOPM Remote Participation Meeting Board members on remotely. Annette Graczewski, MT (ASCP), Chair; Carmen Scherzo, DVM , Vice Chair; Penny Hausser Holeman, MPH , MA, MS and Jeannie Kampas Board members absent : Joe Ford Others present remotely: Amy von Hone, R . S ., C . H . O ., Health Director; Sherrie McCullough, R. S ., Assistant Health Director; Tammi Mason, Senior Department Assistant; Dwight & JoAnn Ritter; Christopher Ritter; Robert Rabin , owner of Chillingsworth; Joe Henderson, Horsley Witten and John O ' Reilly, J . M . O ' Reilly & Associates Mrs . Graczewski stated that anyone listening to the meeting that had a question or comment could email them to health board meetina (o? brewster- ma . aov . 1 . Chairman 's announcements Mrs . Graczewski congratulated Jeanne Kampas, newest member of the Board of Health . The State of Massachusetts announced a new travel advisory yesterday requiring all travelers arriving to Massachusetts, including Massachusetts residents returning home to self- quarantine for 14 days. Any travelers from any New England state New York or New Jersey or workers designated by the Federal Government as essential workers are exempt from the requirement. The Health Director shared a copy of a letter from the Assistant Commissioner of Massachusetts Department of Public Health, Jana Ferguson, with the Board yesterday. The letter outlines the success the State has achieved thus far, due to continued vigilance of residents in following health and safety guidelines outlined by the State . Based on this success, the State is taking a cautious approach to re- opening the economy to ensure a continued decline in the number of positive cases, hospitalizations and deaths in our State. As we have seen across the country, several other States who initially escaped a high rate of infection or death earlier this year, have now experienced a concerning increase in the number of infections and hospitalization rates . In her correspondence, Assistant Commissioner Ferguson urged residents of Massachusetts as well as visitors to our State, to continue to avoid large gatherings, indoors or outdoors, over the upcoming holiday. In addition, the Brewster Board of Health would like to remind residents and visitors that the Governor' s Mask Order remains in place and we encourage everyone to continue to social distance measures, wear a mask when social distancing is not possible, practice good hygiene and stay at home if you feel ill . BOH 7/ 1 /2020 Minutes Page 2 The Health Department posted a Cyanobacteria advisory for Walker' s Pond on Monday, June 291h due to high levels of a specific genus blue -green algae . Until further notice, small children and pets should avoid contact with the water in Walker' s Pond and everyone should avoid getting the water from Walker' s Pond in their mouths . The Select Board and The Town Administrator engaged in a strategic 3 year planning process last year identifying goals for the Select Board, Town departments and Boards & Committees with the intent of coordinating initiatives, integrating activities and gaining consensus for key priorities across department/committees . The Board of Health participated in this process, offering feedback to the Select Board ahead of their planning sessions regarding objective and policy goals for the Town as well as in -flight goals we had independently established for the Board itself. Last August (2019) the Board collectively identified the following goal for the Board of Health : • Consider the necessity for an additional layer of oversight of marijuana establishments at the local level including consideration for regulations for CBD sales and draft regulations as determined necessary; • Consider use of I/A technology in ESA' s • Consider modification to the Board ' s current variance review process to include an in - house process as a means of creating a more customer centric process saving time and money for Brewster residents The Select Board ' s strategic planning initiatives included the following three goals requiring BON and/or Health Department contribution : • Determine the need for a Short Term Rental Program — the Town Administrator is taking the lead on coordinating efforts for exploration and implementation of a plan for this project • Conduct gap analysis of local land use regulations along coastal banks — the Board has minimum setbacks and Title 5, which is tied into Conservation Wetlands Protection Act, This will require a coordinated effort with Natural Resources and Conservation • Consider the use of I/A technology in ESA' s — Mrs . von Hone has done some preliminary review of our current regulations and identified opportunities for better coordination The Board of Health is going to have some heavy lifting over the next couple of years relative to a couple of the goals identified by the Select Board . Mrs . Graczewski asked that the Board think about how/where they could each individually participate in some of these projects , Mrs . von Hone has already been looking at the current Title 5 regulations and has concluded that the Board does have opportunities . 2 . Citizen 's forum None I Joe Henderson, Horsley Witten Group — yearly wastewater treatment plan report for Icing 's Landing Mr. Henderson stated that this system was installed in 2014. This plant has underperformed in the past, which could be due to some quaternary ammonium intrusion . This past year, the DEP has stepped in and issued an Administrative Consent Order to bring the plant back into compliance. As part of that, Horsley Witten did a comprehensive evaluation report. They are working with the owner and operator to evaluate the condition of the system . This is a Bio Clere WWTP system with a design flow of 24,000 gallons per day. There has been a change of operator. Starting in March, Coastal Engineering has taken over the operation and monitoring of the system . BOH 7/ 1 /2020 Minutes Page 3 There was some build up in the primary tanks of solids and disposable wipes . That has been cleared out of the system . In the biological treatment of the system, they are not really getting nitrification , so that is something Coastal has been working on . Since COVID - 19 has hit, they have seen a change in the waste stream due to more people being home and more cleaning being done . Coastal is also trying to work with this . He stated that he believes that getting back to an annual reporting timeframe would be reasonable in order to get the new plans implemented . Dr. Scherzo stated that last time this was before the Board there was talk of putting some sort of vertical screw in to remove the wipes and stop them from getting into the system, he asked Mr. Henderson if that was still happening . Mr. Henderson stated that for now it is on hold as they are just trying to get the plant back on line, hopefully by October/ November . Mrs . Graczewski asked if DEP was being kept in the loop with all of this and if the Health Department is getting copied . Mr. Henderson stated that all the reports have been sent to them and they have not heard anything back from them as of yet and that he does send the report to the Health Department. Mrs . von Hone stated that she is receiving the reports and confirmed that DEP has issued a GW Discharge Permit for 5 years . Motion : Have them return in January 2021 for the annual reporting . Motion : Carmen Scherzo Second : Penny Hassuer Holeman Vote: Penny Hausser Holeman — yes Action : Motion carried Carmen Scherzo — yes Jeannie Kampas — yes Annette Graczewski — yes 4. J . M . O' Reilly & Associates — Title 5 and Local variance requests - 115 The Tides Court John O' Reilly was present virtually. He stated that this property had come before the Board in 2018 and was granted variances . The work never started and the variances have lapsed now. He is requesting approval of the following variances : Title S variances : 1 . 3 . 5' variance, 6 . 5' of separation between the SAS facility and property line 2 . 14 ' variance, 6' of separation between the SAS facility and foundation 3 . 3 ' variance, 7 ' separation between septic tank and property line 4 . 2' variance, 8' separation between septic tank and foundation Local BOH variances: 1 . 75' variance, proposed 25' separation between SAS and wetland (coastal dune) Mr. O' Reilly stated that the plan has not changed except for a revision to the deck footprint & coverage calculations. The home is a 4 bedroom and will remain one. The new system will provide greater separation to groundwater. BOH 7/ 1 /2020 Minutes Page 4 Dr. Scherzo asked if there was a bedroom in the basement and if there would be a vent since the SAS would be under the driveway. Mr. O' Reilly stated that there is one bedroom in the basement and there would be a vent , Mrs. von Hone asked if there was a water line on the plan . Mr, O ' Reilly stated there was not but he would revise the plan and resubmit it, Motion : Finding that there is no increase in flow and the new system will provide better treatment than what is there now, approve the requested variances . Motion : Penny Hausser Holeman Second : Carmen Scherzo Vote : Penny Hausser Holeman — yes Action : Motion carried Carmen Scherzo - yes Jeannie Kampas — yes Annette Graczewski — yes 5 . Chillingsworth trash receptacle complaint Dwight, JoAnn & Christopher Ritter were on virtually. Mrs . Graczewski asked Sherrie McCullough, Assistant Health Director to go over the timeline of the complaints . Mrs . McCullough stated that this has been going on since 2004 . Throughout the 16 years, there have been 11 official complaints and 7 letters of concern from the Ritters & Rabins. 3 of those complaints that were responded to had no violations Hated . 4 of the complaints had violations . In between the years, there has been some lag time where there were no complaints . 2007 was a big year for complaints and for BOH involvement, Mrs . McCullough stated that this is an ongoing issue and that she and the Health Director are looking for guidance as to what the next step should be , Christopher Ritter stated that the dumpster is 50' from the master bedroom . All summer long the dumpster smell is off and on and sometimes it is very bad . He is also concerned about the flies exposing him to COVID - 19 and the throwing of bottles in the dumpster that gets very loud . He noted that the Rabins have a large amount of property that the dumpster could be moved to . He stated that whenever this comes up with the BOH , it gets suppressed and the Rabins are allowed a grace period to figure things out and things are good for about 3 weeks and then it's back to business as usual. He is angry that this has been going on for 16 years and wants something done about it, Mrs. Graczewski asked when the property was purchased . Mr. Ritter stated that they moved here full time in 1995 and ever since this has been a problem . He stated that they call the Town to complain and then the Town calls the restaurant to see if they can come inspect the dumpster but by the time they get there, the dumpster is clean and doesn 't smell . He also stated that there was a restaurant there prior to Chillingsworth and there were never issues . Mrs. Graczewski asked if the office is calling and scheduling inspections when complaints come in , Mrs. von Hone stated that they are always surprise inspections. Mrs. Graczewski did note that the restaurant sits on a large piece of property and was wondering if something was preventing the Rabin ' s from moving the dumpster. Mrs . von Hone stated that there appears to be a wetland on the west side of the property. Conservation may have to get involved . Mr. Rabin would have to put a concrete pad down and make a path for the rubbish truck to get to the new location . Christopher Ritter stated that there is a gravel parking lot on the other side of the restaurant that could hold a dumpster with no conservation issues. BOH 7/ 1 /2020 Minutes Page 5 Mrs. Graczewski asked Mrs. McCullough why the dumpster was never moved . Mrs . McCullough stated that in 2007 (roughly), the BON issued the order for dumpster to be moved . The Rabins came before the BOH in December and pleaded their case and the Board rescinded the order and instead had the Rabins wash out the dumpster thoroughly after pickups. This was because there had been year of documented history of no smells . Dr. Scherzo stated that he did go out and look at the property and felt that there was a lot to the left of the restaurant that appeared large enough for a dumpster. Ms. Holeman stated that she felt this was an unacceptable situation but also doesn 't know if moving the dumpster was going to make things any better. Mrs . Graczewski stated that there are wetlands on both sides of the property and across the street, Mrs. Kampas asked the Ritters if they had any other concerns that the BOH should know about. Mr. Ritter stated that he is very concerned with COVID - 19 and that the whole area surrounding the dumpster is gross . Mrs . McCullough stated that there was a period of time where noise was a problem because the restaurant was throwing bottles in the dumpster late at night . The Rabins offered to wait until morning to do that so that problem seemed to have been solved . She also noted that all her inspections are unannounced . Mrs . Graczewski told the Ritters that according to the World Health Organization, there is no evidence that flies transmit COVID - 19 . Dr. Scherzo stated that he thinks the dumpster should be moved away from the house to the west side of the property or someplace that is acceptable . He asked about the requirement of a concrete pad . Mrs . von Hone stated that the dumpster needs to be in an area that is easily cleanable and she is not sure about the soils there . They may need to put a concrete pad down . Dr . Scherzo also stated that he thinks that a $ 100 fine per day should be given until the dumpster is moved within a sensible time period . Ms . Hausser Holeman stated she thinks more frequent pickups are needed, area around the dumpster needs to be cleaned up and she does support the dumpster being moved . Mrs . Kampas stated that she supports moving the dumpster and until that can happen, more frequent pickups and cleaning should be done . Mr . Rabin joined the meeting virtually. He stated that the trash pickup is after the weekend and the debris around the dumpster has been somewhat picked up . The dumpster is power washed once a week. He also stated that extra pickups are not really feasible given the restaurant' s schedule . There was back and forth discussion on the trash pickups and where else the dumpster could possibly go . The Board in general is in favor of the dumpster being moved . Motion : Give the Rabins until September 30, 2020 to get a plan into the Health Department for moving the dumpster. Until then, more frequent pickups (M & F) and better cleaning procedures should be followed . Employees should be discouraged to not congregate near the dumpster to cut down on the noise and no bottles shall be placed in the dumpster at night. No permit for 2021 will be issued unless the dumpster has been moved . If the Rabins need an extra BOH 7/ 1 /2020 Minutes Page 6 month to get the dumpster plan into the Health Department that will be ok. This does not need to come back before the Board for approval of where the dumpster will be relocated . The decision will be left to the Health Department. Motion : Penny Hausser Holeman Second : Jeannie Kampas Vote : Penny Hausser Holeman — yes Action : Motion carried Jeannie Kampas — yes Carmen Scherzo — yes Annette Graczewski -yes 6 . Review & Approve minutes from 3/ 18/2020 & 4/1 /2020 meetings Motion : Approve the minutes from 3/18/20 & 4/ 1 /20 Ms . Hausser Holeman asked for 1 minor change . Motion : Carmen Scherzo Second: Penny Hausser Holeman Vote: Jeanne Kampas — abstain Action : Motion carried Penny Hausser Holeman - yes Carmen Scherzo - yes Annette Graczewski - yes 7e Cyanobacteria Advisory for Walker's Pond Mrs . von Hone stated that last year the Association for the Preservation of Cape Cod, Brewster Ponds Coalition and the Natural Resource office had started testing a good number of ponds throughout the summer for Cyanobacteria . This summer the testing has been modified because of the COVID- 19 pandemic and 8 fresh water ponds are being testing currently. Over the last few weeks the levels of blue green algae and the toxin that are produced by the algae have been rising in Walker' s Pond . The testing done last week indicated that it was at a high enough level that it was appropriate to post an advisory staring that children and pets should avoid going in the water. This advisory was posted on July 27, 2020 . The posting was put on the Town' s website, BPC notified all of their members and the APCC was also notified . The pond is mostly used for kayaking and boating . The advisory will remain up for at least 2 weeks . The APCC and BPC will continue to monitor the pond until the levels of toxins and blue green algae have dropped to a low or moderate level . 8. Reorganization of the Board of Health Motion : Nominate Carmen Scherzo for Chair Motion : Annette Graczewski Second : Penny Hausser Holeman Vote: Jeanne Kampas — yes Action : Motion carried Penny Hausser Holeman — yes Carmen Scherzo — yes Annette Graczewski - yes Motion : Nominate Penny Hausser Holeman for Vice Chair Motion : Annette Graczewski Second : Carmen Scherzo Vote: Penny Hausser Holeman — yes Action : Motion carried Jeanne Kampas — yes Carmen Scherzo — yes Annette Graczewski — yes BOH 7/ 1 /2020 Minutes Page 7 Motion : Nominate Carmen Scherzo for the Dog Park Committee, Annette Graczewski for Recycling Commission and Penny Hausser Holeman for Water Quality Review Committee Motion : Carmen Scherzo Second : Penny Hausser Holeman Vote: Penny Hausser Holeman — yes Action : Motion carried Jeanne Kampas — yes Carmen Scherzo —yes Annette Graczewski —yes Mrs . Graczewski stated that Dr. Mary Chaffee will still be the Select Board ' s Liaison to the Board of Health . 9 . Topics the Chair did not anticipate Dr. Scherzo asked about whose responsibility it was to inform travelers from out of State about the quarantine advisory. Mrs . Graczewski stated that in the Governors guidance, it says that the person taking the reservation should be telling the travels about it. Information items were noted . Meeting adjourned at 8 : 50PM