HomeMy Public PortalAboutBoard of Health -- 2020-05-20 Minutes ��,�ti>>>���>>tittllflIji�i,�ffTown of Brewster
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Amy L. von Hone, R. S ., C.H. O.
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Senior Department Assistant
Board of Health Meeting
Wednesday May 20, 2020 at 7 :OOPM
Remote Participation Meeting
Meeting started at 7: 55PM (due to joint meeting with Select Board at 7 :OOPM )
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, Tamml Mason, Senior Department Assistant, Peter Lombardi, Town Administrator
Mrs. Graczewskl stated that anyone listening to the meeting that had a question or comment could email them to
healthboardmeetinaPbrewster- ma . 00v
1 . Chairman 's comments
Mrs. Graczewski thanked Amy von Hone, Sherrie McCullough, Tammi Mason, Peter Lombardi and his staff. She stated that
she is not sure anyone truly understands the efforts required to remain abreast of the changing guidance disseminated by
MDPH, CDC and the Governor' s Command Center, while responding to enforcement issues and maintaining the flow of
routine activities required to support the essential businesses with whom the Health Department regularly interacts. Amy
and her staff have maintained a high level of professionalism and continued to provide exemplary services to residents
and business owners in Brewster in the face of many challenges. I want to recognize their fortitude, acknowledge the long
hours and many sacrifices they have made over the past 8 or more weeks and to thank them publically for their continued
an unwavering support of the Brewster Community. Brewster is fortunate to have Amy at the helm, especially at this time .
In conjunction with business resumption planning at the State and local level, We would like to stress the importance of
continued limitations in social gatherings, continued social distancing, the use of masks where social distancing cannot be
maintained and the necessity for good personal hygiene practices such as hand washing, the use of sanitizes and staying
home when you are sick. We are all now well aware of the high incidence of asymptomatic carriers of this virus, our
behaviors impact not only our personal well - being but the well - being of the entire population, particularly those most
vulnerable members of our community. The success of the business resumption planning will be dependent upon
everyone ' s continued vigilance in adhering to these very simple steps .
Mrs . Graczewski asked Mr. Lombardi to give a brief update.
Mr. Lombardi stated that the 14 day quarantine advisory for out of state visitors is very important and will remain through
phase 2 . He told the Board that the Select Board had eliminated weekly beach passes and would only offer day passes for
BOH 5/20/2020 Minutes Page 2
non - residents . The goal of that is to be able to control on any given day, how many passes the Town issues and how
many spaces non - residents are taking up . A survey had gone out to neighboring Towns asking about beach parking and
there was interest in those other Towns in limiting some beach parking to residents only. He also stated that they are still
waiting on guidance for recreation programs and libraries . The Town will be opening to employees first and then
eventually to the public . SOP' s are being worked on currently. The schools will be helping out with cleaning and
sanitizing the offices . Draft re - entry plan will be sent to department heads .
2 . Citizen 's Forum
None .
4. 223 South Pond Drive — Gus & Nancy Bentivegna — Title 5 Inspection 300 ' pond setback variance
No one was on the call for this one .
Mrs . von Hone stated that this is stemming from a Real Estate Transfer inspection for a sale . The system passed with the
exception of the SAS being too close to Blueberry Pond . The entire site falls within 100' of the edge of the wetland (pond ) .
The SAS is approximately 91 ' from the pond .
Mrs . von Hone stated that she had included several reference maps that relate to groundwater flow and buffers that had
been delineated around the freshwater ponds in the Board member's packets .
This is a 3 bedroom dwelling that was built in 1985 . It has a Title 5 system that consists of a 1000 gallon septic tank, a d -
box and leaching trench . This is considered compliant under the 1975 Title 5 Code . The SAS is approximately 7' above
groundwater based on historical data in the file .
Mrs , von Hone explained that the first map is the Cape Cod Water Resources classification Map put out by the Cape Cod
Commission . This map delineates the freshwater recharge area that is delineated around the pond , this map is specifically
referenced in our currently approved local BOH Regulation Regarding Variance Requests for Onsite Sewage Disposal
Applications . This map delineates an area around the pond that is showing us that this particular area is influencing the
pond because the water is flowing towards the pond . Anything that' s coming out of the septic system within this recharge
area or surface water overflow is going to potentially impact the pond . Based on this Cape Cod Water Resource
Classification Map, the septic system that the Board is reviewing does fall within that freshwater recharge area .
The second map is from our GIS mapping system that can be accessed on the Town website .
The property in question is located on the south easterly tip of Blueberry Pond . Mrs . von Hone drew in the groundwater
flow as it relates to this lot. The groundwater flow that is shown on the GIS locus map is derived from the third map that
was provided for the Board, which is labeled "Water Table Map of Brewster & Harwich Massachusetts" . This map actually
shows groundwater in the direction that it' s flowing . On this map, she highlighted Blueberry Pond and the location of the
septic system on the lot in question and provided groundwater flow as it relates to the lot and the septic system .
Groundwater south of the pond is flowing in a slightly northeasterly direction and north of the pond, groundwater is
flowing towards CC Bay in a northwesterly direction .
The last map is called " Septic System Buffers and Groundwater flow Directions near Brewster' s ponds" . This map was
created by the Horsley Witten Group and is dated January 25, 2016 . This map is referenced in the draft " BOH Regulations
of Sewage Disposal Systems to Protect Surface Water and Pond Water Quality" . In those draft regulations, the last
revision date was 2016 . The regulations were discussed prior to Mrs . von Hone' s tenure here . The draft regulations intent
was to address phosphorus coming out of septic systems which impact fresh water bodies . This draft regulation was not
BOH 5/20/2020 Minutes Page 3
approved or passed by the BOH back in 2016 when it was presented to the Board . The copy of the map that was included
for the Board is directly referenced in those draft regulations . What this map shows is buffers that have been delineated
around the freshwater ponds as a proposed septic system setback to attempt to protect the freshwater quality from
nutrients that are coming out of the septic systems . Essentially this buffer zone for septic systems has been delineated so
that if someone' s property is located downgradient of the pond , there is only a 100' setback. If the property is located up
gradient of the pond as it relates to groundwater flow, a 300' setback would be required . Right now there is no local BOH
septic regulation that specifically references this particular map . Mrs . von Hone did speak with Mark Nelson from Horsley
Witten, who is the consultant that has been working with the Town for years on water quality planning and he was heavily
involved in the writing of the draft phosphorus regulation that was previously talked about. Mrs . von Hone asked Mr.
Nelson about the status of the last map she spoke of which delineates a septic buffer zone around our freshwater ponds
and he stated that this proposed regulation was never approved . The map is on the Town ' s website . That draft regulation
is the only one on the books right now that references the septic system buffer map . It is a tool that has been reviewed
and accepted by the Board . Because we don 't have a specific regulation that refers back to this map, it is a question of
whether the Board feels it' s appropriate to make decisions about variances that are being reviewed where there is not a
specific regulation that ties directly into the particular map .
Mrs . von Hone stated that the variance request being reviewed tonight is a bit odd because of where the septic system
and the lot are located . On the southeasterly side of the pond , they are within 100 ' of the closest point of the pond , but
the way the groundwater is flowing in that particular spot, it is not flowing towards the pond so it' s not up gradient of the
pond , however, as you go towards the northerly part of the pond, it curves around to the northeast so that by the time
you get to the northerly section of the pond, the septic system is actually up gradient of the pond as the groundwater is
flowing north . The septic system is over 300' to that point of the pond so any nutrients coming out of the septic system,
hitting groundwater and flowing towards the northerly section of Blueberry Pond that reach the pond at that point would
be negligible because it' s too far away and the nutrients would have diluted enough to not be an issue .
The existing system has not failed . The property has been used seasonally and it runs parallel to the closest edge of the
pond . There is not really another spot to move the system and get it any further away from the pond .
Mrs . Graczewski stated that the important thing to note is that the system is designed for 330 gallons per day but the
septic inspection report states that the usage has been averaging 50 gallons per day.
Dr. Scherzo stated that he disagrees slightly with Mark Nelson . The property is within the 300' that Horsley Witten
described as contributing to the pond , yet the SAS itself is pretty much parallel to the flow of the water. The septic has
been in the ground for 35 years and there is only a 7 ' separation . He believes that the phosphorus has a pretty good
chance of having gone a lot further than the 300', because of the narrow separation to groundwater and with the narrow
plume he thinks that an upgrade would be appropriate but he does understand that it' s a tough lot. He also stated that
he thinks the Board needs to make a decision on what to do about the health of the ponds .
Mrs . Graczewski stated that she is somewhat influenced by the fact that this is a seasonal home .
Mr. Ford asked why this was before the Board . Mrs . von Hone stated that the home is for sale and had a septic inspection
done . Mr. Ford stated that he thinks this would be an appropriate time for an upgrade of the septic since it is being sold .
Mrs . Graczewski reminded Mr. Ford that the entire property is within 100' of the pond and it is being used seasonally.
Mrs . von Hone also stated that this system has a trench and not a leaching pit and that a new system would most likely
have to go before the Conservation Commission and would be very expensive to install .
BOH 5/20/2020 Minutes Page 4
Mr. Dinwiddie asked what the options were to keep phosphorus out of the ponds . At what point does the Town or
County step up to help fund this so the homeowners don 't have to foot the whole cost and the Board will be able to make
these difficult decisions with regards to upgrading of systems by ponds .
Mrs . Graczewski stated that there is currently no system approved for phosphorus removal . Dr. Scherzo stated that there
are 2 that are in the piloting stages .
Motion : Finding that there is limited space on the lot and the system is functioning properly, approve the variance
request.
Motion : Carmen Scherzo Second : Penny Hausser Holeman Vote: Penny Hausser Holeman - yes Action : Motion carried
Joe Ford - yes
Lucas Dinwiddie — yes
Carmen Scherzo — abstain
Annette Graczewski —yes
5 . Consent agenda - 95 Ebenezer Road — Brendan J . Guttman , Title 5 in - hours variance approval
Motion : Approve the consent agenda for 95 Ebenezer Road .
Motion : Carmen Scherzo Second : Penny Hausser Holeman Vote: Penny Hausser Holeman — yes Action : Motion carried
Joe Ford - yes
Carmen Scherzo — yes
Lucas Dinwiddie — yes
Annette Graczewski — yes
6. Topics the Chair did not anticipate
Mrs . Graczewski reminded the Board to review the minutes from the 5/ 18/20 & 4/ 1 /2020 meetings . There were technical
issues .
Mr. Dinwiddie asked about what Mrs . von Hone sees for a future workload and State aid (as discussed in the joint Select
Board & BOH meeting ) . Mrs . von Hone stated that $ 250, 000 was specifically given to local Boards of Health for COVID
issues, Brewster got about $ 9, 300 and most of that is being used to cover COVID tracking .
Mrs . von Hone spoke about establishments re opening and how busy the office has been .
Mrs . Graczewski spoke about the opening requirements for establishments .
7 . Liaison updates
There were none .
Informational items were noted .
Meeting adjourned at 9 : 15PM
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MINUTES OF THE JOINT SELECT BOARD & BOARD OF HEALTH MEETING
DATE May 20, 2020
TIME : 7 : 00 PM
PLACE : Remote Call In
ALL PARTICIPANTS ARE PARTICIPATING REMOTELY : Chair Whitney, Selectperson Bingham , Selectperson
Chaffee , Selectperson Dickson , Town Administrator Peter Lombardi , Assistant Town Administrator Susan
Broderick, Assistant Town Administrator Donna Kalinick, Robin Young, Julian Cyr, Tim Whelan , Sarah Peake ,
Amy von Hone , Tammi Mason , Sherrie McCullough , Joe Ford , Lucas Dinwiddie , Carmen Scherzo , Annette
Graczewski , Penny Holeman
Call to Order
Chair Whitney called the Select Board meeting to order at 7 : 00 pm and read the information on conducting the
meeting remotely . Chair Graczewski called the Board of Health meeting to order at 7 : 01pm .
Joint Select Board and Board of Health Discussion on State Reonenine Plans , Undated Guidelines and
Orders , and Potential Impact on Town Services and Policies ( including updates from State Senator Cyr and
State Representatives Peake and Whelan )
Tim Whelan updated the Select Board and the Board of Health on what the legislation has been doing as far
as communicating the feedback from residents, and how they have advocated on behalf of the communities
to the State level government . The use of beaches was given as an example, on how the state decided to give
the local municipalities leeway on how to oversee and best handle how to open the beaches on a local level
for their needs . Everyone is working for a safe and healthy reopening of Cape Cod . Julian Cyr noted that the
delegation has visited all the Select Boards on the Cape to connect with the municipalities which are key in
re - opening as one voice . The re - opening advisory board is working, and will continue to revise the re - opening
plan based on surveillance of the phases . Each phase is 3 weeks, so the State can capture the data on the
virus spread , work on implementing the plan and communicating it to the public . Following the 4 protocols ,
cover your face, wash your hands frequently, minding social space and staying watchful for symptoms and
staying home when sick . Phase one will include the reopening to construction , manufacturing, curbside
retail , personal services , and worship . Phase two could potentially begin June 8 . Mandatory safety practices
for all sectors are available on mass . gov . Enforcement is delegated to the local Department of Health and the
MA Board of Health and Public Standards . They will be elevating concerns to the Governor and the advisory
board . Communication of rules and precautions to seasonal visitors is easier when all towns have the same
rules in place . Sarah Peake feels that the crisis management phase has passed , and we are now in the
guidance and re - opening stage . The public stayed home the end of March , April and beginning of May so
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that we can cautiously re - open . It is public health data that guides the re -opening phases . The biggest marker
of success is children being able to return to school in the fall . The vast medical talent in MA is assisting the
Governor on how to proceed on re -opening . They are looking for science driven decisions, to the degree
different communities are making different decisions, each will be the markers the administration is looking
to , Resources available to the public are signage for the best practices for reopening . In reguards to beach
policies/management; each town can manage as best suits them , with the understanding that decisions they
make on individual communities have an effect on the neighboring communities , Sean O' Brien of the
Barnstable County Health has hired 3 additional Health Agents . There are regional efforts to share materials .
Selectperson Chaffee thanked the legislative delegation , and appreciates their advocacy . Public Health has
been degenerated due to funding . Local Health Agents are doing great with the limited resources they have .
At the Assembly of Delegates meeting, they have discussed the work load and burden at their level . There
have been conversations about increasing the people on the ground for communication and enforcement .
Julian Cyr explaned that the Senate has a Covid49 working group, however reopening implementation and
enforcement is a local level task . Businesses have to do the initial work of submitting their business plans . As
a commonwealth and society, we have not kept up our public health agencies to proper need , He will fight
for additional funding for public and local health . Selectperson Dickson asked about the transition from
phase 1 to phase 2 , and how much lead time will be given for the businesses to prepare ? Tim Whelan
answered that on Monday, the State released framework for everything through phase 4, however they are
going to have to be flexible going forward . Logistics can be frustrating with the unknown , Lead time is
important and to watch what the trends are . Board of Health member Carmen Scherzo wants to know when
there will be diagnostic testing to find asymptomatic carriers , Julian Cyr remarked that the logistics of the
tracing is still difficult and is hoping the December date given is overestimated . Getting the testing and
approval is in process, but there are privacy considerations as well . In hot spots, they have open testing to
anyone who wants to be tested as being tested is prioritized in harder hit communities , Joe Ford had no
questions . Penny Holeman is hearing wonderful optimism in opening, as she has observed about 80 % are
making a good effort . The other 20% are putting their own personal needs first . She asked is there any sort of
consistent messaging from the State , so the same message is heard and reinforces the behaviors needed to
be followed ? Tim Whelan feels that the communication has been consistent and good . The Governor has
almost daily press conferences and the mass . gov website is updated daily as well , He stated that it is still the
United States of America , where people can make personal decisions . They can enforce regulations, however
not guidelines . Personal choice can be coupled with personal responsibility for a Regulations vs Guideline
balance . if data moves upward , then regulations will become stricter . Ms . Holeman would like to see more
positive messaging . Julian Cyr pledged that he will find resources for small businesses . Sarah Peake offered
that ambassadors have been appointed in other towns to communicate local municipal regulations and
guidance , Lucas Dinwiddie feels that this is an increased work load for any department . He asked Health
Director Amy VonHone if her workload was increased , and if the Select Board had any budgetary freedoms
to provide additional hires to support the health department . He then asked Julian Cyr what financial aid will
look like from the State . Senator Cyr is unclear what support from the State looks like , and is not sure what
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the amount for Brewster is . There is a 75 % reimbursement for Covid related costs from FEMA, however the
Commonwealth is looking at a $ 5 billion dollar revenue gap , which is double of the great recession gap . With
little Federal financial help , the aid could be very limited , and without a Federal stimulus this will be very
difficult . It is crucial to the Commonwealths ability to assist or triage local municipalities . Ms . Graczewski
asked for insight on the Travel advisory in phase 1 , as residents from outside MA are urged to 14 day
quarantine , which will continue to phase 2 .
Topics the Chair did not Reasonablv Anticipate
No discussion
Future Meetings —June 1 , June 15 , and June 29 , 2020 (Joint with Nauset Regional School Committee )
Adjournment
Selectperson Chaffee moved to adjourn at 7 : 57pm , Selectperson Dickson second . Roll Call Vote : Selectperson
Chaffee — yes, Selectperson deRuyter — yes , Selectperson Bingham — yes, Selectperson Dickson — yes, Chair
Whitney — yes . The Select Board voted 5 -Yes 0- No . The Board of Health continued their meeting .
Respectfully submitted ,
Robin Young
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Approved : 08/ 17/2020 Signed :
Date Selectperson Bingham , Clerk of the Board of Selectman
Accompanying Documents in Packet on website for review .
www . brewster- ma . gov
BoS 05 . 20 . 2020
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