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HomeMy Public PortalAboutBoard of Health -- 2023-01-18 Minutes���� " R W r"Oe ��/�/ ,dfF�.L.DER 6 FEB. R19 , �1 93+ r`*�1 2198 MAIN STREET B MWSTER, MASSACHUSETTS 026314898 PHONE: 508.896.3701 EXT. 1120 FAX: 508.896.4538 brhealthr,brewster-ma.gov W W W.BREW STER-MA. GOV Board of Health Meeting Wednesday, January 18, 2023 at 6:30 PM Town Hall, Room A Health Department Amy L, von Hone, Director Sherrie McCullough, R.S. Assistant Director Tammi Mason Senior Department Assistant Board members present: Annette Graczewski, MT (ASPC), Chair; Kimberley Crocker Pearson, MS, MD, MPH, Vice Chair; Penny Holeman, MPH, MA, MS, and Casey D. Chatelain Board members on remotely: David Bennett Others present: Amy von Hone, R.S., C.H.O., Health Director; Sherrie McCullough, R.S., Assistant Health Director and Davis Walters, Building Commissioner Others present remotely: David Schlesinger, Clerk, Great Cape Coop, Tina Sylvester, Vice President, Great Cape Coop, Alex Weisheit, Town Counsel, Mary Chaffee, Selectboard Liaison to BOH 1. Call to order Meeting was called to order at 6:30PM 2. Chair announcements There has been an uptick in both Covid and Flu cases. As a reminder to residents, please stay at home if you are feeling ill and wear a mask if indoors or within close proximity to family members. Test kits are available at Town Hall, the Brewster Ladies Library, and the Council on Aging. Test kits expire at the end of June of 2023. 3. Citizen's forum None. 4. Appeal request by Stephen B. Brown, Trustee of Brown Realty Trust to Board of Health Order to Correct Violations of the Massachusetts State Sanitary Code, Title 5 and Brewster Board oof Health Animal Regulations at 2624-2628 Main Street Brewster dated December 22, 2022 AG- Told the Board that this was an appeal of an order to correct numerous violations under 105CMR 410.000, Minimum Standards of Fitness for Human Habitation, State Sanitary Code, 310CMR 15.000, State Environmental Cod (Title 5) and local Brewster Board of Health Animal Regulations noted at the property located at 2624-2628 Main Street in Brewster. This hearing is being conducted to determine if the Board will overturn, uphold, or modify orders issued by the Health Department with respect to conditions observed at the referenced property as communicated in correspondence to the property owner on April 29, 2022, September 9, 2022 and December 22, 2022, Mr. Schlesinger stated that he is in receipt of the correspondence in his role as property manager for Mr. Brown. DS- stated that he is not the property manager and that on the Property Management Agreement, it is with Brown Realty Trust and the Great Cape Coop. He stated that he is not "Great Cape Coop" and that he was the clerk only. Tina Sylvester is the Vice President REiJ a.� i ='s' V[f?Eke r-•�; N:\Ilealth\from Shari\MSWORK FOLDERS\MEETINGS\BOH\Jan1823m.doc BOH 1/18/23 Minutes Page 2 AG -questioned why DS signed the appeal as the agent and whether he has the authority to speak on Mr. Brown's behalf. AG -asked AW if it was appropriate to continue this hearing if DS is not the agent on behalf of Mr. Brown. AW- stated that it would be ok to continue but would like to hear what DS thinks his role is in the appeal and who else he intends to put forward to present the appeal. DS -stated that he is the clerk for the Coop and has been designated to be the point of contact as far as dealing with the Town. Tina Sylvester is the Vice President, and she would be a better fit to speak on this appeal. AW -suggested that TS be allowed to speak. AG -explained to TS the violations and that the violations had been going on for some time and have persisted despite efforts to enforce compliance by several Town Boards & departments. The discussion tonight is in regard to Board of Health violations only and that regardless of the outcome of this hearing, the determination in no way modifies or relieves Mr. Brown, the property owner, of his responsibilities to correct violations communicated to him in orders issued by other town departments or entities. DS -explained that the Coop took over property management in mid to late November and that they have been addressing the health & safety violations. They have an electrician pulling a permit for the basement work in the Burgess House. The green & grey shack that is listed on the violation list is not inhabited. They are going to remove the bathroom shower ceiling and replace the insulation and drywall. The flooring in the bathroom and tile around the kitchen sink will also be replaced. He also noted that the appeal is mostly to do with the campers. There was a timeline done of the property that dates back to 1991 but doesn't state anything about the new septic that was installed in 2009. AVH- stated that the septic system services the red cottage and the building that houses Snowy Owl and the Herb Shop, and the plan is on file with the Health Department. It was installed in 2015. AG -asked what part of the violation letter they were appealing. TS -stated that they acknowledge that there are things that need to be addressed when it comes to health and safety. She stated that on multiple site visits, AVH has seen how things were working on the property. It seems that the main issues are the campers. She feels like housing requirements are unfairly applied to campers, which are self-contained units. The families that are in the campers are there because they have no place else to go. One of the families living in the camper has requested a Temporary Housing permit to help move things along. There were zoning questions with regards to the issuance of a Temporary Housing permit and are in the process of appealing that. AG -asked who they submitt ed their request for the permit to. TS -Michael Foster, who lives in one of the campers, spoke with AVH about it back in September. From the reported conversation, there was concern with Zoning and she didn't want to issue a Temporary Housing Permit if the ZBA could overturn it. Mr.. Foster wrote out a statement explaining his personal views. There has been action to move forward without throwing people out on the street. We are trying to find housing for them. AG -asked how many families lived on the property now. TS -Right now there is 1 person. There is another family that is in a winter rental and will be back in the camper on the property in April. AG -asked again what they were specifically appealing from the enforcement letter. TS- 410CMR 352.000 (Occupants). These rules are really based on apartments and not campers. The Board of Health could give a temporary permit if they chose to. AG- it is my understanding that a temporary permit would be granted in a situation that isn't long term. For example, a fire in a home and the occupants needed somewhere to live while rebuilding the home. DW" the Building Code states exactly what AG stated. It usually applies to residential properties. AG -asked if it was a residential property. N:\Health\from Shari\MSWORK FOLDERS\MEETINGS\BOIi\Jan1823m.doc BOH 1/18/23 Minutes Page 3 DW -it is a mixed-use property. DS- stated that a large portion of the property is residential. AW -stated that he doesn't believe that "temporary housing" would be applicable in this instance. DS -the six (6) points in regard to the trailer is the body of the appeal. The property is being used as an unlicensed campground, which requires 3 or more families to be considered a family type campground. AG -there is a bylaw in Town prohibiting living in a tent or camper anywhere in Brewster. AVH-the way it is written, the Board of Health would be the only entity that could approve temporary housing. DS -the former Building Commissioner, Victor Staley, found that there was a conflicting between bylaws stating that there can be campers. AG -asked what the citation was that Mr. Staley had found to be in conflict. TS- Accommodations Bylaw 56.4, Zoning Bylaw states that it is not meant to override or overwrite an already existing bylaw. Campers are included and it stated that no one can camp or stay overnight without an owner's permission. AG -questioned if this was a Mass General Law or a Building Code. DW- this is a General Bylaw. He believes this bylaw is one that was created prior to the origination of the Brewster Zoning Bylaws. He would ask Town Council what their opinion was on this, but his understanding as the Zoning Enforcement Officer, is that the Brewster Zoning Bylaw is the dominant regulation for controlling land use in the Town. It is not a contest between an earlier bylaw and the 2 bylaws that have been promulgated since the adoption of bylaws in the 80's. AW -agrees with DW. Doesn't think that this bylaw is relevant to the issues that are before this Board. AG -the violations regarding the campers include some that constitute a condition that it always deems to represent a health and safety issues, partly because of the absence of proper building sewer and sewer disposal facilities. TS -spoke about 410.300, Sanitary drainage system. It talks about "unless its too far away or if the ground conditions don't allow for it". AG- it must be maintained in compliance with 310CMR315.000, Title 5 State Environmental Code. TS -the waste from the campers is going into a Title 5 septic system, which is very large. AG -asked how it was getting to the septic system. TS -we use an RV trolly car, which are designed and built specifically to transport waste so that a person doesn't have to break down and pull the rig over to the septic tanks. AG -that doesn't mean that they are compliant with MGL's. PH- asked where on the plan does it show where the trolly cart accesses the port for the septic system. TS —there is a 4" discharge pipe about 25' to the west of the back end of the herb shop building. AG- asked if the septic was treated before it's brought over on the trolly. TS -no. AVH-stated she was not aware of anything on the approved plans that shows that the extra pipe was installed. DB -doesn't believe there is anything in Title 5 that allows this and that it is not an approved use on the approved plan. AVH-read the Title 5 Regulations that are not compliant at this time: N:\Health\fi•om Shari\MSWORK FOLDERS\MEETINGS\BOH\Jan1823m.doc BOH 1/18/23 Minutes Page 4 a. 310cmr15.0244olations of 310CMR 15.000 -construction or use of septic system in any manner that is not in compliance with an applicable Disposal Works Construction Permit. COC with the terms and conditions of any other approval or order issued by the approving authority or the department. b. 15.024 #3 — use, modification, or alteration of a facility in such a way that a larger facility would be required under 310CMR15.000. c. 15.502 —transportation 46- the contents of privy's, cesspools, septic tanks and tight tanks shall be transported in a manner so as not to create a nuisance or health hazard. This is not a recreation campground, this is a commercial facility and any sewage that is generated on that property should be emptied into an approved, designed sewer pipe that goes into an approved, designed septic system. d. 15.504 Disposal — disposal of septage shall be discharged to a sanitary sewer. AG -the practice of using these trolleys is not in compliance with Title 5 regulations. TS -the septic system is designed to include a building that does not even exist. This situation is unique and doesn't fall under a regular campground. She stated that they are trying to help support local families. Part of the packet was for a variance to transfer and to request that we get permission for this. We would like to figure out a work around. We are trying to get these people into permanent housing, so they don't have to be in the campers. AG -asked what they were doing currently to get these people into permanent housing. TS -the Coop is looking at other properties, but unfortunately, we may have to relocate them off cape because it is very expensive here. The families are not charged for anything while on the main street property. There is an option for a restroom in one of the buildings that they can use. We are looking for temporary relief until we can find something else for these people, so they are not out on the street. DS -spoke about the property being in a commercial area and asked about dumping waste at a treatment facility in Yarmouth. AG- you can explore that, but it doesn't negate the other issues on the property. She spoke about the rules for requesting a variance, including abutter notification, and stated that the Board was not recognizing their request for a variance because it wasn't complete. If after this meeting, you feel that a variance is warranted, you can work with the Health Department to get it done properly. She also stated that she is very concerned with what is going on at the property. She asked about the chickens. DS -Michael Foster, owner of the chickens was told he needed permission by the owner before he could apply for the barn permit. TS -Stephen Brown did give permission to Mr. Foster. He went into the BOH and was given verbal approval. SM -Mr. Brown did come in, and I spoke with him and told him ne needed to fill out the application for the chickens since he was the owner of the property. At that time, Mr. Brown refused and said he didn't want to take any responsibility for the chickens. AG — we would need something in writing from Mr. Brown, giving his permission for Mr. Foster to keep the chickens. DS- spoke about gett ing "permission" and filling out the paperwork. He believes that Mr. Brown's issue was not with giving permission but with filling out the paperwork in his name. TS -the chickens have been on the property for a very long time, and we were unaware that a permit was needed to have them. AG -recapped what she understood the basis of the appeal was: 1. The Great Cape Coop had no issue with order to correct housing violations not in the grey/green cottage or the 2 areas above the restaurant building. 2. All set with chickens 3. Biggest issue is the individuals who are reliant on the campers for habitation at this point, and it is that order to correct the violations there, specifically the absence of a building sewer and other violations. CC- reminded people of the purpose of Title 5, which is to provide for the protection of the public health, safety, welfare, and the environment. The purpose is very important to the general public and while unfortunate that it may impact 2 families, that purpose can't be overlooked. N:\Health\fi•oin Shari\IVISWORK FOLDERS\MEETINGS\BOH\Jan1823m.doc BOH 1/18/23 Minutes Page 5 KCP-believes there is a big difference between occasional campers dumping waste into their own systems, and permanent full time campers dumping waste into a septic system. DB- curious about the relationship between the Coop and the owner of the property as to accountability for the documents that are being produced. DS- the Coop signed a property management agreement in November to manage the property while Mr. Brown is out of the country. We are also actively working on any outstanding violations to bring the property into compliance. It is also possible that Mr. Brown could sell the property to the Coop. MC -the agents representing the owner have agreed that there are violations that must be resolved and the efforts underway to address the long-standing violations have only just begun because the BOH and Health Department have taken appropriate action to require these actions so that people's health & lives are not at risk. The Cape does have a housing problem but that doesn't mean we allow people to live in substandard, dangerous conditions. She stated that she had not heard any reason tonight that would justify overturning or modifying the array of lawful requirements that have been defined and provide to the owner of the property. She also wanted to point out for any members of the public listening to this, that as far as she is aware, a tenant on the property, the Snowy Owl, is not operating in violation of any health regulations and they are not involved in the this at all. AVH-that is correct, as well as Fare &Just. TS -spoke about the "substandard" conditions and people supposedly being afraid of the campers. They are designed to be lived in. They have hot water, heaters built in, smoke and fire alarms built in, the runoff a generator and batteries. They are meant to be self sufficient and not hooked up to regular utilities. They may not be ideal, but there are certain situations that could allow someone to stay in them. We have been met with resistance about people living in a camper. They are very similar to tiny homes. She stated that she does understand the concerns with health and safety. She also stated that she did talk to the Health Department about having a septic hauler come pump out these systems but was shot down because they are not technically a licensed campground. Just because this is a different kind of living, doesn't mean it is a bad thing. PH -she is empathetic to the situation of the families involved, but it appears that a modification to the septic system as planned and filed in 2009, is different than the current situation. Is there away to have an inspection done, have the design be revisited and verify that the plot plan is accurate? AG -the bigger problem is the way they are using it. This is not an approved use on any property in Brewster. It is a condition that is always deemed to be a danger under the housing code. Motion: Uphold the findings of the Health Department Motion: Penny Holeman Second: David Bennett (for discussion) AG -based on the violations that exist, the BOH has the authority to ask that the campers not be inhabited. The violation is one that is a danger to the health &safety of the people living in them. She would like to see a cease &desist immediately on the trolly that is used to carry waste to the septic system, on dumping waste into the septic system and wants the occupants to seek alternative housing before the next BOH meeting on February 1, 2023. There may be an option to use a restroom in a nearby building. KCP- asked about the sink and shower water and where it was going. TS -It does go into the same tank the waste goes to and then is transferred to the septic tank. DB- he is worried about people taking responsibility for these families in the campers. This has gone on for months and he doesn't think the Board should allow any more time to them. CC -she is worried about what the alterative would be if the residents couldn't make it to the restroom in the building and would be in favor of a full cease &desist. AW -there are notice requirements for a condemnation. We would need to provide the tenants with adequate notice for them to come to a hearing under 105CMR 410.831 B. N:\Health\fi•om Shari\MSWORK POLDERS\MEETINGS\BOH\Janl823m.doc BOH 1/18/23 Minutes Page 6 AG -that section reads: Prior notification to occupants and owner: if a dwelling or portion thereof is occupied, the BOH shall, prior to issuing a finding under 105CMR410.831A, provide written notice to the occupant and owner, which shall include: identification of the dwelling, a copy of the inspection report, a statement that the BOH will considers issuing a finding that the swelling or a specifically identified portion thereof is unfit for human habitation, A statement that this finding may result in an order of condemnation requiring the occupants to vacate the dwelling could be issued. A statement of a time and place of a public hearing which the BOH will conduct in order to determine whether the dwelling or a portion thereof is unfit for human habitation and whether a secure and vacate should be issued. AG -asked TC if 2 weeks was sufficient to provide them with adequate notice that it will be determined on February 1, 2023. AW -yes that would be sufficient. TS -asked what the motion was in regard to that was made. AG -the motion was on your appeal of the order letter. AVH-on the December 22, 2022 letter, it was stated that the health &safety violations needed to be fixed within 24 hours, the rest of the violations were given 30 days. How do we address those time frames? AG -what violations need to be corrected in the 24 hour period? AVH-sewage, electricity, potable water, illegal plumbing in the grey/green cottage, electrical in the basement of the Burgess House. Most are referring to the campers with the exception of the grey/green cottage and the burgess house. So the lack of potable water, sewers, lack of septic, lack of electrical service, all would need to be addressed within 24 hours. AG -if order is upheld, an inspection should be done by Friday for those issues that need to be fixed within 24 hours. AG -we need permission from the Coop to do the inspection. It needs to be in writing. TS/DS-the grey/green cottage has been vacant for a few months. TS -do the campers have 24 hours to vacate. AG -if that is your solution to overcome the violations, then is would be your choice. The Board is not discussing tonight whether or not to condemn the property. If the property is condemned, you would have to vacate immediately. AG -asked DS & TS if they were aware that there are financial penalties that can be imposed if correction work is not done. KCP-asked AVH to verify electrical service and potable water at the trailers. AG -the inspectors were not allowed in the trailers so nothing was confirmed. AVH-we did see water hoses and electrical cords outside the trailers. AG -spoke again about the penalties that could be issued if they don't make the necessary corrections. Health &safety violations, if not taken care of, can cause a condemnation order to be issued for the trailers. When the applicants return to the BOH on February 1, 2023 they will need to provide us with proof that the corrections have been made. PH -the Health Department needs to be granted permission to do an unobstructed inspection, in writing. Motion was passed by a 5-0 vote. AG -the Health Department received a complaint about the noise from the rooster. They will be coming out to investigate that complaint. They will also be coming out on Friday to do a full inspection in response to the violations that needed to be corrected within 24 hours. We will need a email giving permission to go onto the property for the inspection. She also noted that the barn application was incomplete.. The missing items need to be submitted. Before a permit is issued, the Conservation Commission also needs to be submitted. Writt en permission from Mr. Brown to allow the chickens on his property also needs to be obtained. The HD will do an inspection of the chicken coop once all that is done. If at the February 1, 2023 BOH meeting, violations that have not been corrected will need a timeline of when they will be done. N:\Health\from Shari\MSWORK FOLDERS\MEETINGS\BOH\Janl823m.doc BOH 1/18123 Minutes Page 7 5. Liaison Reports AG- The Recycling Commission met last week and announced that Beautify Brewster is scheduled for April 29, 2023 with a rain date of April 30, 2023. Anyone from the BOH that would like to participate can let us know. They also discussed adding a questions to the warrant for the spring Town Meeting regarding a townwide ban on nips. The Selectboard will be holding a public hearing on the subject on February 13, 2023. Details regarding the time and location will be available on the Town website. DB -The Water Resource Ad Hoc Task Force had a second meeting to review public comments that they wanted to send off to the DEP regarding the proposed changes to Title 5. In the general category, the task force was concerned by the lack of any financing for a very expensive mandate. Also, the limitations right now with regards to the logistics of getting BOH 1/18/23 Minutes Page 8 things done in the time frame that is being offered and the materials issue with engineers and suppliers to provide the systems that would be necessary if in fact the changes to Title 5 were made. The task force made the recommendation that any mandated upgrades of septic systems under failure to create a watershed permit would first fall on those closest to within 1 000f of a water body. Comments were made about what is the best available technology. That needs to be described because we are looking for the DEP's approval of I/A septic systems for a value that is definitive and can be achieved by multiple units rather than a single unit. The task force also talked about sub watershed permits for contribution by towns that are less than 5% of the contributors, to have a stream lined watershed permitting process rather than the drawn out full watershed process, which the town's would put together. 6. Matters not reasonably anticipated by the Chair KCP-stated that some impressive numbers came out of MDPH with regards to infants and children and RSV rates. They are very high in Boston. Vaccination for adults for Covid and the Flu are still necessary, and masks should be worn around the infant and children to help protect them. 7. Items for next agenda 2624-2628 Main Street 8. Next meeting: February 1, 2023 Noted. Informational items were noted. DB- asked to see the missing analytical results from Serenity. Meeting adjourned at 7:45PM N:\Health\fi•om Sharl\MSWORK FOLDERS\MEETINGS\BOH\Jan1823m.doc