HomeMy Public PortalAboutBoard of Health -- 2022-05-04 MinutesTown of Brewster
2198 MAIN STREET
BREWSTER, MASSACHUSETTS 026314898
PHONE: 508.896.3701 EXT. 1120
FAX: 508.896.4538
brhealth rubrewster-ma.ov
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Board of Health Meeting
Wednesday, May 4, 2022, at 7:OOPM
Remote Meeting
Health Department
Amy L. von Hone, R.S., C.H.O.
Director
Sherrie McCullough, R.S.
Assistant Director
Tammi Mason
Senior Department Assistant
Board members attending remotely: Penny Holeman, MPH, MA, MS, Chair; Jeannie Kampas, Vice Chair; Annette Graczewski, MT
(ASCP); Joe Ford and Kimberley Crocker Pearson, MS, MD, MPH
Others attending remotely: Amy von Hone, R.S., C.H.O., Health Director, Tammi Mason, Senior Department Assistant and John O'Reilly,
J.M. O'Reilly & Associates, Inc.
wishing to listen to the meeting can do so via Live Broadcast (Brewster Government TV Channel 18) or by Livestream at
Anyone
www livestream brewster-ma.gov or by video recording (www tv brewster-ma.gov)
1. Call to order
Meeting was called to order at 7:OOPM
2. Chairman's announcements
As of yesterday, the CDC recommends that everyone aged 2 and older, including passengers and workers, properly wear a well -fitting
mask or respirator over the nose and mouth in indoor areas of public transportation (such as airplanes, trains, etc.) and transportation
hubs (such as airports, stations, etc.),
When people properly wear awell-fitting mask or respirator, they protect themselves and those around them, and help keep travel and
public transportation safer for everyone. Wearing a well- fitting mask or respirator is most beneficial in crowded or poorly ventilated
locations, such as airportjetways. The CDC also encourages operators of public transportation and transportation hubs to support
mask wearing by all people, including employees.
This public health recommendation is based on the currently available data, including an understanding of domestic and global
A
s in COVID-19 community
epidemiology, circulating variants and their impact on disease severity and vaccine effectiveness, current tren
levels within the United States, and projections of COVID-19 trends in the coming months.
3. Citizen's forum
None.
4. J.M. O'Reilly &Associates — 235 brier Lane —Title 5 and local variance requests
John O'Reilly presented this to the Board. He is requesting the following variances:
a. 11' separation between SAS and BVW
b. 8' separation between SAS and property line
c. 14separation between septic tank and BVW
d. 18' separation between pump chamber and BVW
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H\May422m.doc
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e. 51.9' separation between well and SAS
f. 25' separation between septic tank and well
g. 30' separation between pump chamber and well
h. To allow use of a Soil Sieve Analysis for percolation testing
i. To allow no reserve area
j. To allow the inlet and outlet septic tank to be less than 12" above groundwater
Mr. O'Reilly stated:
*Currently a cesspool system that services a 2- bedroom home
*This property was before the Board 2 years ago when the proposed buyer at the time was looking to tear down and rebuild a new
structure. Variances were granted at that time
*There is a new owner now who is proposing to just upgrade the septic system and leave the house as is
*The same I/A, Fast system with a Drip Dispersal SAS in a raised bed is being proposed as was 2 years ago
*Existing well will still be used
*It was determined that it would be extremely costly to bring in Town water
*The SAS is positioned as far away from the down gradient wetland resource to the north
*He met with the Conservation Commission 2 weeks ago and will be going back on the 10th for final approval of the Order of Conditions
Dr. Pearson stated that she noticed that a portion of the lot was in the AE zone and when she looked at the most recent FEMA maps, it
showed the whole lot in the AE zone. She asked if that would change anything about the project.
Mr. O'Reilly stated that it wouldn't except for him specifying that the covers that are at grade all be gasketed and sealed.
Mrs. Graczewski asked about the circle with "OP" shown in the back of the house. Mr. O'Reilly stated that it was an observation plot.
When freshwater wetlands are delineated, they do it through the DEP method, which means you scribe a circle 25' in diameter and
count the plants.
Mrs. Graczewski asked if Mr. O'Reilly knew where the current septic system is. He stated that he did not. The pipe goes into the ground
under the house.
Mrs. Graczewski asked how close the well was to the proposed system. He stated that is it about 50-55' away and is not upgradient to
the well.
Mr. Ford asked about the motion and vote in 2020. Mrs. Graczewski stated that those previously approved variances were for a tear
down and rebuild with attachment to Town water.
Mrs. Graczewski asked why they were not proposing Town water this time. Mr. O'Reilly stated that it would be extremely costly. Mrs.
von Hone stated that she did have a conversation with the Water Superintendent who did confirm that it would be a very expensive
thing to do.
There was talk about well water testing results and whether the house was being lived in.
Motion: Finding that the proposed SAS is approximately 50 — 55' from the well, the most recent well testing results showed no
concerning presence of nitrogen, and the property is entirely surrounded by wetlands, approve the variances as requested.
Motion: Annette Graczewski Second: Joe Ford Vote: Annette Graczewski —yes Action: Motion carried
Joe Ford—yes
Jeannie Kampas -yes
Kimberley Crocker Pearson — yes
Penny Holeman - yes
S. Continued discussion on the Bedroom Definition
Mrs. von Hone presented an updated draft to the Board with changes in red.
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At the last meeting there were concerns by the Board about heated vs. non heated rooms. There were also issues with the definition of
a sunroom/porch. Mrs. von Hone stated that she was not looking for a vote tonight. She would like to be able to send the final draft to
Town Council and then let the engineers weigh in on the definition before anything is final.
Dr. Pearson spoke about other states/towns bedroom definitions, some of which included "2 means of egress" and specifically state "a
window thru which a firefighter, while in full gear, can fit". Brewster's definition only states 1 window".
Mrs. Graczewski stated that the Building Code and Health regulations are different. Older houses would be able to meet that code
which requires that type of window.
t.
Mrs. von Hone said some of the older homes have the potential to not meet building code and we would need to be careful about tha
Our definition mimics the definition that is found in Title 5 regulations. The Building Code does address size of windows, specifically for
those rooms that are intended for sleeping because you need access to emergency exits and entry. The Building Code does change on
a fairly regular basis,
idered bedroom if there was a
Mrs. Graczewski asked what the department was using to help determine if a room would be consa
discrepancy. Mrs. von Hone stated that she would use the Title 5 definition.
Dr. Pearson asked if the goal of this revision was to apply the definition in the Title 5 setting or is also meant to be a public health &
safety revision. If the later is true, the Board should be concerned with the size of the windows. Mrs. Graczewski stated that the
purpose of the definition is to provide a greater degree of protection for the environment and public health to protect groundwater
contamination and the spread of disease. She thinks it is clearly for the sizing of a septic system.
Mrs, von Hone spoke about the title of the regulation and asked the Board if they wanted to keep it or change it.
Mr. Ford asked if there was something that the Title 5 definition has or doesn't have that is preventing the Board from just adopting
that. Mrs. von Hone stated that the definition as it stands right now is pretty much Title 5. One of the biggest issues the department
has is how to make a bedroom not a bedroom.
Mrs. Graczewski stated that it also clarifies bonus rooms over garages and talks about sunrooms and porches. It is her opinion that
"unheated" space is not habitable space, so she wouldn't consider it a bedroom.
Ms. Holeman stated that she didn't think heat mattered. Mrs. von Hone stated that typically "unheated" has not been considered a
bedroom. In the proposed definition, if a sunroom is heated but has no door, it would not be considered a bedroom.
Mrs, Kam
pas stated that there is nothing in Title 5 about "unheated" space and thinks it may be easier if the Board defines what is a
bedroom and what isn't. Also, make it clear that cased openings can't have a door or privacy screenings. She believes there is a big
difference between unheated finished space and unheated storage space. She also asked about rental regulations, which she thought
would solve this issue. Mrs. von Hone stated that Brewster does not have a rental regulation. Mrs. Graczewski spoke about the State
Sanitary Code and the Housing Code being used as a tool for complaints, etc,
Mr. Ford stated that there are a lot of cottages in Brewster that do not have heat and asked how the Board would look at bedrooms
when sizing the septic. If heat was a condition, these cottages would have 0 bedrooms. MGraczewski stated that under the State
rs.
Sanitary Code, you can only rent between April and October in homes with no heat.
There was continued discussion on this issue, and it was decided that another draft would be drawn up and brought back to another
meeting for review.
6. Discuss Massachusetts Department of Public Health Excellence Grant
Mrs. von Hone stated that a few years ago, legislation was being pushed by the State and they came out with proposed SAFE
I which would promote public health and try to make a set of standards across the Board for all public health departments to
meet the demands and needs for communities. Funding, staffing, and education were all included. The State is offering public health
Cod that choose to participate will have to have a
excellence grants specifically for cross jurisdictional sharing. The Town's on Cape
governing board, so there will be a representative from each Town that will sit on the Board to determine how the money would be
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distributed. There is a lot more information needed before any decision is made. Erika Woods from Barnstable County Department of
Health & Environment will be at the next Board meeting to give a presentation on this.
7. Review & approve minutes from: 1/19/22; 2/16/22; 2/23/22 and 3/2/22
Motion: Approve minutes from 1/19/22; 2/16/22; 2/23/22 and 3/2/22
Motion: Annette Graczewski Second: Kimberley Crocker Pearson Vote: Annette Graczewski — yes Action: Motion carried
Joe Ford —yes
Jeannie Kampas -yes
Kimberley Crocker Pearson — yes
8. Liaison Reports
Mrs. Graczewski stated she had nothing to report on the Recycling Committee
Dr. Pearson stated that the WQRC met with 1 applicant at the last meeting.
9. Matters not reasonably anticipated by the Chair
None.
10. Items for the next agenda
Possibly the revised Bedroom Definition.
11. Next meeting: May 18, 2022
Noted.
Informational items were noted.
Meeting adjourned at 8:30PM
*Accompanying documents in packet: Agenda, Covid update information, variance request information for 235 Brier Lane and
information on the Public Health Excellence Grant.
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