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HomeMy Public PortalAboutBoard of Health -- 2022-10-05 Minutes���\Wl`0 . E 111/ f�///Vk i t19 Town of Brewster 2198 MAIN STREET BREWSTER, MASSACHUSETTS 026314898 PHONE: 508.896.3701 EXT. 1120 FAX: 508.896.4538 brh eabrh ea lth@brew sten-ma. govsten-ma. gov W W W.BREW STER-MA. GOV Board of Health Meeting Wednesday, October 5, 2022 at 7:OOPM Virtual Meeting Health Department Amy L. von one, Director Sherrie McCullough, R.S. Assistant Director Tammi Mason Senior Department Assistant Board members attending remotely: Annette Graczewski, MT (ASPC), Chair; Kimberley Crocker Pearson, MS, MD, MPH, Vice Chair; Penny Holeman, MPH, MA, MS; David Bennett and Casey D. Chatelain Others attending remotely: Amy von Hone, R.S., C.H.O., Health Director; Sherrie McCullough, R.S., Assistant Health Director and Tammi Mason, Senior Department Assistant 1. Call to order Meeting was called to order at 7:OOPM 2. Chair announcements Flu season is coming up and the CDC recommends that anyone 6 months or older get vaccinated. Ideally before the end of October. The Brewster Flu/Covid clinic is full, but residents can call CCHC pharmacy appointment number: 508-862-7000, option 3 for additional clinic information on the cape, or fill a cancelation spot if available. There are a number of retail places that have the vaccine also. 3. Citizen's forum None. 4. Habitat for Humanity =fee waiver for Red Top Road property (DWCP &Perc fees) Beth Wade from Habitat for Humanity was present virtually. They are looking for fee waivers for the DWCP ($110 each) and Perc fees ($85 each). AVH-The Board typically waives fees for not-for-profit companies. Motion: Approve the fee waiver requested by Habitat for Humanity. Motion: Penny Holeman Second: Kimberley Crocker Pearson Vote: 5. Brewster Farms Tobacco Violation Saumil Patel, Owner, Brewster Farms was present virtually. Penny Holeman —yes Action: Motion carried Kimberley Crocker Pearson —yes V e g David Bennett —yes Casey D. Chatelain — yes Annette Graczewski ,,yes AG -Spoke about the inspection done by the CaCod Reional Tobacco Control Program on August 24, 2022. At that inspection, there were 3 state and local violations noted, including the sale of a flavored tobacco product, observation of an unlocked humidor (open to the public for self-service) and missing signage. A verbal warning was given for the missing signage. SP -Stated that the store is not selling any flavored tobacco products. In the violation noted, it says "sale of flavored Delta 8 product". Delta 8 has no nicotine in it. He sated that he did have a discussion with the inspector and removed all the Delta 8 products from the shelf. N:\Health\from Shari\MSWORK FOLDERS\NMET1NGS\BOH\Oct522m.doc 10/5/22 BOH Minutes Page 2 AG- Stated that she looked up Delta 8 today and it is a hemp derived product. SP -The humidor was unlocked and apologized for that. One of the employees left it unlocked while helping another customer. He has spoken to the employees about it. AG- In 2020, you were cited for having the humidor unlocked and at that time you were going to move it behind the counter. SP -We were unable to fit it behind there. KCP-Believes this is the 3d time Brewster Farms has been cited and asked what effective measures they could take so that it doesn't happen again. SP- He is unsure of why this happened again. He is trying to find some sort of lock that doesn't detach. He asked that the fine be waived. AG -Believes that MDAR regulates non -THC cannabinoids and questioned the Board as to whether they would like to continue this so that they can get more information. Motion: Continue this until the first meeting in November so that the Board can get more information on the Delta 8 products. Motion: Penny Holeman Second: Kimberley Crocker Pearson Vote: Penny Holeman —yes Action: Motion carried Kimberley Crocker Pearson — yes David Bennett —yes Casey D. Chatelain — yes Annette Graczewski -yes 6. 17 Hamilton Cartway —John Casale —continued discussion on request for change in number of bedrooms And septic system upgrade with Leaching Facility Setback Regulation variance request John Casale was present remotely. He told the Board that after the last meeting, they have decided to sell the property. He has withdrawn his request fora 4 -bedroom home. He had a septic inspection done and the system failed. He is requesting to be allowed to install a new system in the same place as the current system, which would make the SAS 165' from the pond. AG- It was determined that JC owned the "panhandle" lot. DB- Asked what exactly JC was looking for and asked that AG to explain it. AG -Explained that he is replacing his current system in the same place and is looking to keep it 165' from the pond. AVH-Stated that if the system had to be moved it would require an engineer and a pump. Motion: Approve the variance request finding that there will be 165' held to the pond and the whole property is within the 300' setback buffer. Motion: David Bennett Second: Penny Holeman Vote: Penny Holeman -yes Action: Motion carried Kimberley Crocker Pearson -yes David Bennett —yes Casey D. Chatelain — yes Annette Graczewski -yes 7. 0 Seamans Lane —Abigail Rhodes —Animal Regulations variance request AG -Stated that AR is requesting the following variances from the Brewster Animal Regulations: 1. 10' variance to abutters property line from barn (26 Seamans Lane) 2. 45' variance to abutt ers dwelling from barn (26 Seamans Lane) 3. 11' variance to well from barn (6 Seamans Lane) 4. 60' variance to well from enclosure (6 Seamans Lane) N:\Health\from Shari\MSWORK FOLDERS\ME ETINGS\BOH\Oct522m.doc 10/5/22 BOH Minutes Page 3 Conservation Commission has stated that no construction has been done within the 100setback and they do not need to give any approval for this project. AR -went over her requests for the Board and noted that the neighbor at 26 Seamans Lane had submitted a letter of support to the Board. She is adopting two rescue donkeys. She is not becoming a "rescue". She gave some scientific and personal reasons for having the donkeys at the property. She has manure management plan and has gotten advice from George Heufelder from Barnstable County. The manure plan is to prevent nitrogen from getting into the ground water. She explained how the flooring in the barn will work. The paddock and stalls will be mucked out 1 to 2 times a week and the waste will be taken to another farm. She believes that the nitrogen that would go into the ground would be insignificant. She gave a brief description of the barn and spoke about an elevation map that showed the barn is at the highest point of the lot. As for noise, animals make noise, this won't be any different than having a dog. The sounds are a normal part of life. Rodents- hay and grain will be in sealed containers. She went on to explain how donkeys are different from horses. The average urine in a day is less than or average to a large dog and the smell is much lighter. The donkeys will be inside 1 0-1 2 hours a day. She explained that she purchased this lot to keep it from development. The lot is large enough to allow this structure. KCP-asked if Ms. Rhodes had ever had donkeys before, asked about the drain in the barn and where it would be going, asked about the manure and bedding and where the water supply was. AR -liquid will be removed from the barn and taken off site, believes her manure management plan is more than adequate and the water will come from a faucet on the adjacent property. AG -reminded the Board that the request before them was for variances and noted that the Town has 2 animal inspectors who check on the type of things KCP was asking about. SM -Ms. Rhodes has a good plan in place. Not concerned. DB -asked about the well, where it was and if there were any testing results and about the vacant lot. AG -the well, which is Ms. Rhodes, and the vacant lot, owned by Ms. Rhodes, is where the barn sits currently. DB -asked about the "hardships" associated with these variance requests. AR -stated that in order to stay outside of the 100' buffer to the pond and to keep the barn at the highest location, this was the only spot it could be built in. She offered to test her well yearly if that was a concern. KCP-worried about the water in the winter and that this request is before the BOH "after the fact". Nicole Vesey- Owner of the farm where the donkeys are currently. She wants the Board to know that AR is very dedicated to these animals and has learned a lot from her time at the farm. She has no doubt these animals will be well taken care of. Meredith Wertz -160 Old Red Top Road -she fully supports this and believes it would be a great asset to the neighborhood. Morgan Kelly -55 Seamans Lane. Stated that he opposes this request. He spoke about the variance regulations. He doesn't believe the variance request are accurate (measurement wise). He spoke about setbacks and frontage. He stated that he went to the property and did his own measurements. He is concerned with the pond. Doesn't believe there is a hardship and that this lot is not suitable for this purpose. Heather and Todd Cornell -145 Old Red Top Road. Stated they were in full support of this and think the donkeys will be a welcome asset to the neighborhood. Melisa Rais — co-worker of Ms. Rhodes. She spoke on behalf of her and believes she is going to take great care of the animals and land. She also stated that Ms. Rhodes is a very dedicated person. N:\Health\from Shari\MSWORK FOLDERS\Iv1EETINGS\BOH\Oct522m.doc 10/5/22 BOH Minutes Page 4 Janice Reily & Steve Spear -32 Old Red Top Road. Stated they are in full support of this and look forward to having the donkeys in the neighborhood. Mr. Spear spoke about the manure plan and the fact that she got advice from George Heufelder, which makes him comfortable with the whole thing. Rose Moran Kelly -55 Seamans Lane. Her concern is with the dog that runs loose every day and if Ms. Rhodes will be able to take care of the donkeys. AG -reminded the participants that they must go through the chair to speak, and this meeting is only for discussion about the variances and construction. KCP-spoke about the discrepancy with the measurements described in the variance requests. AG -asked AVH if the variance requests were accurate. AVH-stated that she had not been back out to the property to verify. AR -wanted it made clear that she never gave anyone permission to go onto her property. AG & DB voiced concern with the measurements also and want to make sure the requests are accurate. AR -stated that she did tell the Building Department and the Conservation Department that she was building this for donkeys, and they never indicated that she would need approval from the Health Department. DB -voiced his concern that the Building Department did not tell AR she needed a permit from the Health Department. Motion: Continue this until the next meeting and have Abigail Rhodes get a copy of the building permit and a plot plan of the lot with correct measurements for the variance requests. Motion: David Bennett Second: Kimberley Crocker Pearson (for discussion) Beth Emanuelson-43 Seamans Lane. Feels the lot is too small for livestock, the variances should not be approved, and the Board should look at the long-term effects this could have on the pond. Vote: Penny Holeman -yes Action: Motion carried Kimberley Crocker Pearson -yes David Bennett -yes Casey D. Chatelain-yes Annette Graczewski -yes AR -stated that she will get a well test done for her well and present the Board with the results for the next meeting. 8. Liaison Reports None. 9. Matters not reasonably anticipated by the Chair KCP-suggested adding the Eversource 5 -year Vegetative Plan to the next meeting for discussion. She will forward it to AVH for distribution. 10. Items for next agenda DB -stated that he wants to keep wastewater planning on the fore front. He will forward 2 documents to AVH for distribution. 11. Next meeting: October 19, 2022 Noted. Informational items were noted. Meeting adjourned at 9:15PM N:\Health\$•om Shari\MSWORK FOLDERS\MEETINGS\BOH\Oct522m.doc