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Home My Public Portal AboutBoard of Health -- 2022-11-02 MinutesVV ffllll�j� f01-�x»:x�� oj.DER Aq� sf n 9 t,. . / '�xxxxaxn-- O R19 ftA$ orb � Town of Brewster 2198 MAIN STREET BREWSTER, MASSACHUSETTS 026314898 PHONE: 508.896.3701 EXT. 1120 FAX: 508.896.4538 brhealth@brewster-ma.gov W W W.BREW STER-MA. GOV Board of Health Meeting Wednesday, November 2, 2022 at 6:30PM Town Hall, Room A r,4�1 ' iER �i I,ifl ;y� �rE: Health Depat Lme,,L Amy L. von Hone, R.S., C.H.O. Director Sherrie McCullough, R.S. Assistant Director Tammi Mason Senior Department Assistant LIP"I Board of Health members present: Annette Graczewski, MT (ASPC); Kimberley Crocker Pearson, MS, MD, MPH; David Bennett and Casey D. Chatelain Others present: Sherrie McCullough, R.S., Assistant Health Director and Tammi Mason, Senior Department Assistant Board members absent: Penny Holeman, MPH, MA, MS 1. Call to order Meeting was called to order at 6:30PM 2. Chair announcements Flu season is upon us. The CDC estimates there have already been 880,000 report of flu illness this year with increasing infections year over year as of October 22, 2022. They recommend vaccination for everyone 6 months and older. If you have not yet gotten a flu shot, you can obtain both the flu and Covid 19 vaccine at various retailers in the area or you can register for an appointment at CapeCodHealth.org. The Town of Brewster is now using a new on-line permitt ing process called "View -Point", for all health, building, electrical, plumbing and gas permits. The new system allows for permit application, submission of supporting documents and on-line permit fee remittance. The system can be accessed at haps://brewsterma.viewpointcloud.com The Health Department will be accepting on-line and paper applications through the end of the year, after the first of the new year, applications will be accepted on-line only. A reminder that effective November 1, 2022, there is a ban on mattresses and textiles across Massachusett s. Towns must use a recycling process for these things. 3. Citizen's forum None. 4. JC Engineering —Title 5 and local variance requests for 280 Sheep Pond Drive Sam lamele from JC Engineering was present remotely. AG" the applicant is proposing Title 5 and Local variance requests. They are proposing to locate the SAS 6' below grade and are seeking a 3' variance from the 3' maximum cover over the SAS. They are also requesting that the SAS remain 139.5' from Sheep Pond. The existing 3 -bedroom property is into in a Zone II or DCPC area and is served by public water. The property is served by Town water. The existing SAS is in failure. N:\Health\from Shari\MSWORK FOLDERS\MEETINGS\BOII\Nov222m.doc 11/2/22 BOH Minutes Page 2 SI- we are proposing to keep the existing 1000 -gallon tank, add a 1000 -gallon pump chamber and two (2) 500 -gallon leaching chambers. AG -this is before the Board because resource maps are in conflict regarding groundwater flow. The US Geological Map show the groundwater flow away from the pond, but the Atlas map shows the property within the 300 feet of the pond in the capture area for Sheep Pond. AVH reached out to Mark Nelson, from Horsley Witten and he agreed the property appeared upgradient of Sheep Pond but also noted that some groundwater flow was towards the pond from the east. DB -asked if the existing tank was inspected for integrity and what the depth of the tank was below grade. SI- yes at the time of the perc test. The tank is 2' below grade. AG -asked if the entire property was within the 300' of the pond and why they chose this spot to put the new septic. SI -the property is all within the 300' setback requirement. The spot was chosen because it is the most level area and if they were to move it to keep it out of the 300' zone, they would have to though 2 retaining walls and a garden. The area is very heavily wooded also. It was also a cost saving issue. AG -asked how many feet there was between the bottom of the SAS and the pond. SI -over 40' DB -spoke about the retaining walls. Motion: Continue hearing. Motion: David Bennett Second: Kimberley Crocker Pearson Vote: 4 yes Action: Motion carried DB- asked if the proposed septic (from revised plan) could be staked out so the Board can see it. 5. JC Engineering —Title 5 and local variance requests for 35 Beechwood Road Sam lamele from JC Engineering was present remotely. They are requesting the following variances: 1. Allow 3-4.5' cover over the d -box 2. Allow 6' cover over SAS 3. Allow the proposed SAS to be 220' from Seymour Pond/Inland Bank SI -this is a 3 -bedroom home with cesspools. A 1500 -gallon septic tank, d -box and two (2) 500 -gallon leaching chambers are proposed. AG -the property is 28,000sf, is in Zone II and is located within the Herring River Watershed. It is served by town water. She stated that this might be a situation where the Board may want to consider the addition of I/A technology. DB -asked what the depth of the building sewer below the top of foundation was. SI- approximately 10'. There is a bathroom in the basement. AG -she is concerned that this property is in the DCPC and talked about the new DEP Regulations coming out and the fact that down the road they owners may have to change to I/A in the near future. CC -is also concerned with requesting that I/A be installed now and then "best available" technology improves and they have to upgrade twice. DB -to avoid variances, a sump pump could be put in the basement. He asked what recommendations the Health Director had given. CC -groundwater flow, existing challenges for lot for sng the leach facy —steep contours entire lot within 30' of pond, proposed each facility approximately 18.7' above groundwater/pond elevation and ptosed leach facility located parallel to the pond boundary. She also stated that these are discussion points, not "recommendations". Motion: Approve variances as requested with the conditions recommended by the Health Director. N:\Health\fr•om Shari\MSWORK FOLDERS\MEETINGS\BOI3\Nov222m.doc 11/2/22 BOH Minutes Page 3 Motion: David Bennett Second: Casey D. Chatelain Vote: 4 yes Action: Motion carried KCP-voiced her concern with the owners knowing what may be coming down the road with the new DEP Regulations. 6. Brewster Farms Quick Pic — continued discussion on tobacco violation Saumil Patel was present remotely. AG -reminded the Board that Mr. Patel was here because an inspection conducted by an inspector from the Tobacco Control Program identified three violations of state and local town tobacco regulations on August 24, 2022, including the sale of a flavored vape product, observation of an unlocked humidor accessible to the public for self-service and missing signage. On October 5, 2022 Mr. Patel stated that he believed the violation for the sale of a flavored tobacco product was not correct because Delta -8 is not a tobacco product. He did state that the humidor was left unlocked. At that time, the Board requested to continue the hearing to get additional information on the Delta -8 product. She noted that she did reach out to the Tobacco Control Program and did find out that Delta -8 is not a tobacco product and doesn't contain nicotine, but it is a product manufactured from a hemp derived cannabidiol (CBD). It is not cannabis, but a synthetically derived product of hemp, and while the sale of hemp is overseen by the MDAR, the retail sale of hemp products is not. The sale of the Delta -8 product is prohibited generally in Massachusetts because it is a controlled substance by the Federal Government. She believes that because Delta -8 is a flavored vaping product that it is a violation of the regulations. Mr. Patel stated that he did remove all the Delta -8 product from the shelves and will not sell in the future. He asked that the fine be waived because of the confusion with this product. AG -asked the Board's thoughts on the fine. The last time Mr. Patel was before the Board for violations he was not fined. CC & DB —believe it would constitute a 1S' fine. KCP —believes that it would constitute a 2°d fine. Motion: Issue a $2,200 fine for a second offence to Brewster Farms for the sale of a flavored vaping product and for an unlocked humidor with a 7 - day suspension of the Tobacco License. Motion: Kimberley Crocker Pearson Second: Casey D. Chatelain Vote: 4 yes Action: Motion carried Mr. Patel would prefer the suspension take place the first week of January. The Board agreed to this. 7. Discuss and approve final draft of Bedroom Definition AG- this is back before the Board with comments from Town Counsel. Motion: Approve revised Bedroom Definition with comments from Town Counsel Motion: Kimberley Crocker Pearson Second: Casey D. Chatelain Vote: 8. Consent Agenda -Title 5 variance for 117 A P Newcomb Road Motion: Approve consent agenda. 4 yes Action: Motion carried Motion: David Bennett Second: Kimberley Crocker Pearson Vote: 4 yes Action: Motion carried 9. Eversource/MDAR proposed 5 -year plan — discussion and vote on proposed letter of opposition from BOH AG -there were a few typos. Motion: Approve the letter to Eversource with noted corrections. Motion: Casey D. Chatelain Second: David Bennett Vote: 4 yes Action: Motion carried N:\Health\from Shari\MSWORK FOLDERS\MEETIN GS\BOH\Nov222m.doc 11/2/22 BOH Minutes Page 4 10. Liaison Reports DB- spoke about the new regulations from DEP and noted that on Cape Cod there are roughly 80,000 homes that will be impacted. 11. Matters not reasonably anticipated by the Chair 1►[7T� 12. Items for next agenda None. 13. Next meeting: November 16, 2022 Noted. Informational items were noted. KCP told the Board that on December 8, 2022, the Natural Resource Advisory Committee will have a limnologist at the meeting. Anyone with questions is urged to attend the meeting. Meeting adjourned at 7:46PM N:\Health\from Shari\MSWORK FOLDERS\MEETINGS\BOH\Nov222m.doc