HomeMy Public PortalAboutBoard of Health -- 2023-02-01 Minutes , ri
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FAX: 508.896.4538 Sherrie McCullough,R.S.
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Tammi Mason
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Board of Health Meeting
Wednesday, February 1, 2023 at 6:30PM
Town Hall, Room A
Board members present:Annette Graczewski, MT(ASCP), Chair; Kimberley Crocker Pearson, MS, MD, MPH,Vice
Chair; Penny Holeman, MPH, MA, MS, and Casey D. Chatelain
Others present: Sherrie McCullough, R.S., Assistant Health Director
Others present remotely: Amy von Hone, R.S., C.H.O., Health Director(remotely), David Bennett, Gregg Corbo Town
Counsel, Michael Foster, resident at 2624 Main Street, Linda White, representative for Michael Foster, Stephen Brown,
Owner of 2624/2628 Main Street,Tina Sylvester and David Schlesinger from Great Cape COOP and Stephen Rounds,
representing owners of 31 Salt Works Road
1. Call to order
Meeting was called to order at 6:30PM
2. Chair announcements
AG reminded the Board to take the online State Ethics training course distributed by the Town Clerk earlier this week.
3. Citizen's forum
Resident Ms. Sylvester spoke about her concern with the water situation at Eddy Elementary School. The drinking water
appears to be rusty.
4. 31 Salt Works Road-request to build a deck over the septic tank
Stephen Rounds, representative for the owners (O'Loughlin)was present remotely. He explained that he would like to
install a "floating deck" over the septic tank. There would be four(4) separate sections. The maximum weight would be
250lbs. It would not be fastened to anything but would sit on top of concrete blocks. The sections would be able to be
removed so that the whole tank could be exposed for any repair or replacement. There would also be an access panel
(38lbs) available for clean outs and inspections. There would also be a riser installed.
DB-asked what size the tank was and when it was installed.
AVH- it was installed around 1987 and is a 1000-gallon tank.
DB-if the tank needed replacement in the future this could create an issue.
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SR-there is a total paver system over the tank currently, which is going to be removed and would be replaced with the 4
section "floating deck".
DB-the plan does not show the patio on it, and he is concerned about granting a variance with no hardship.
KP-accessing the tank now would be very difficult. The new plan at least gives access to the tank.
AG-typically it is not allowed to have anything over the septic tank, and she would not want to see this "floating deck"
installed.
SR-the deck that is proposed has been approved by the State of MA. And the Building Inspector. He also noted that the
septic tank was pumped last spring and the pumper stated that it was in good condition. If the owners are not allowed to
do this, they will leave the pavers in place and possibly raise them up to the deck.
AVH-stated that her interpretation is that structures should not be built over septic components.
Motion: deny the request to build a "floating deck" over the septic tank.
Motion: David Bennett Second: Kimberley Crocker Pearson Vote: 5-0 Action: Motion carried
5. Notice of Condemnation hearing for unlawfully occupied trailers at 2624/2628 Main Street, Brewster,
Stephen Brown,Trustee
AG-reminded everyone that tonight's hearing is a follow up to an appeal of correction orders issued by the Health
Department on April 29, 2022, September 9, 2022, and December 22, 2022. The discussion tonight is in regard to Board
of Health violations only and regardless of the outcome, any determination by the Board of Health (BOH) in no way
modifies or relieves Mr. Brown (property owner) of his responsibility to correct violations communicated to him in those
orders issued by other Town departments or entities.
At the last BOH meeting,the Board voted unanimously to uphold the orders issued by the Health Department, as noted, to
correct violation of local Animal Regulation,the State Sanitary Code 105 CMR 410 and the State environmental Code 310
CMR 15. Having upheld those orders, the Board requested the property owner and/or his representative, provide
additional information relative to the request for a permit under local Animal Regulations for the two (2) roosters on the
property as well as an update on their progress correcting the noted violations of the State Sanitary Code and the State
Environmental Code. The BOH has not received any additional information from the COOP representatives regarding
those two (2) projects,therefore,this hearing, as articulated on the agenda tonight, will be limited to consideration of a
condemnation order for the unlawfully occupied dwellings on the property referenced. The BOH can consider
establishing a date for another hearing for the animal permit and the outstanding violations of the State Sanitary code later
during this meeting.
AG-stated that she received a phone call from Mr. Foster, occupant of the trailer, as well as his representative, Linda
White. They requested that this be removed from the agenda. Because this meeting is published, she could not take that
action herself, but said she would give them the opportunity to request a continuance from the Board. Mr. Foster also
stated that he felt that he did not receive sufficient notice for this meeting. Town Counsel (TC) has assured her that Mr.
Foster was entitled to a 5-day notice of the condemnation hearing, and the BOH did explain that condemnation was a
possibility at their 1/18/23 meeting and the Health Department provided written notice of this hearing to the property
owner, the COOP and to Mr. Foster subsequent to that meeting on 1/18/23. In TC opinion, Mr. Foster was provided with
proper notice of the hearing. As a courtesy, because he is present this evening with his representative, she would like the
BOH to consider hearing comments from him relative to his request before deciding if a continuation of this hearing is a
reasonable approach.
LW-she stated that she was representing Mr. Foster. She explained that she and Mr. Foster went to Town Hall to get a
copy of the full package for tonight's meeting. Mr. Foster did get some information last week which he was able to sign
for, but was not given copies of items with his signature. She has also found other discrepancies that she would like to
discuss. She asked that this meeting be continued so that she and Mr. Foster have a reasonable amount of time to catch
up on the paperwork as he is the one that is being displaced.
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AG-Mr. Foster has been aware of what is going on at the property since last February. The meetings are public, and he
was able to speak at those meetings if he wanted.
She asked Mr. Foster what timeline he was looking for.
LW-2 weeks would be helpful. She would like to review the paperwork and he would have a chance to find alternative
housing.
AG-Asked if Mr. Foster had begun the process of looking for somewhere else to stay.
LW-No one has gone into the trailer to condemn it so he may be able to move it somewhere else.
AG-Explained that the discussion tonight was to possibly condemn the trailer as a habitable structure. There are issues
with other trailers on the property also.
CC-Mr. Foster did provide a written comment for the last BOH meeting, so he was aware of what was going on.
Motion: Deny the request for a continuance
Motion: Kimberley Crocker Pearson Second: Casey D. Chatelain Vote: 5-0 Action: Motion passed
AG-A stipulation from the last meeting was that the property owner allow the Health Agents on the property to inspect it.
AVH-An inspection was done on January 25, 2023. There were areas that had noted violations,the Burgess House (Fare
&Just on 1St floor) and 2 Air B & B rentals on the second floor. The health &safety emergency violations there had to do
with electrical wiring not being in appropriate condition. Those issues were corrected. There are still some minor Housing
Code violations that need to be addressed. The COOP is working on those issues and a reinspection will be done at some
point.
Mr. Foster's camp area still does not have an adequate sewage disposal system, electrical system, or potable water
system.
At the grey/green cottage(shed),the electricity was disconnected. Water has not been formally disconnected but we
were advised that it had been "shut off'. It is still considered uninhabitable due to the inadequate septic, potable water
and electrical system.
The clean out on the septic system that is serving the Red Cottage, Snowy Owl and the Great Cape Herb Shop was
inspected. The COOP stated that they were not dumping any waste into this system, Northeast Construction did go out
and look at the clean out and agreed nothing should be dumped into it.
TC-Asked if the trailer had heat and if there were any other trailers still on the property.
AVH-Stated that she could not confirm that because they had not been inside of it and that there were two (2) other
trailers on the property that they observed. They were farther back on the property and appeared to be unoccupied.
KCP-Asked about the "trench for septage trolly" photo that she had seen. She asked about the fluid in the trench and the
hose for water&electrical cord connected to the generator.
AVH-Stated that they were advised that the fluid was rainwater.
AVH-The Health Department's concern is the health &safety issues that cannot be fixed within the 24 hours period.
DS-Stated that at the last site visit(last week)to the grey/green cottage (shed)they were told if they capped the water
pipe, it would satisfy making the cottage uninhabitable.
AVH-Agreed with that statement.
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TC-The issue is whether these trailers may be used at this time. It needs to be made clear at this meeting that until they
have potable water, adequate septic facilities and electricity,these trailers/cottage cannot be inhabited.
TS-Asked the BOH what compliance looks like so that they can address the issues.
TC-The issue here is that no one should be living on any part of the property that has not previously been authorized as
habitable. It is not appropriate from a legal standpoint to allow a 3'd party to live in a motor vehicle on your land.
DS-Stated that they are trying to get the property into compliance but are unsure how to address the situation with Mr.
Foster.
AG-The BOH is trying to get to a point to where there isn't anyone occupying a vehicle as a dwelling.
TC-This is not a normal eviction situation. If you invite someone to live on your property without providing them with
proper sanitary facilities,then the only way to come into compliance, until you can secure a proper eviction, is to provide
them with suitable, code compliant housing until the proper procedure can be done through housing court. That might
mean finding Mr. Foster a place to live that is suitable while waiting for housing court.
LW-Stated that the Town needs to provide all this in writing to Mr. Foster and provide him with information on financial
assistance since they are the ones displacing him. State law says the Town has to provide money for him to move.
TC-With respect to the statement that the Town is financially responsible for moving Mr. Foster,that is not true. The BOH
has no obligation to provide financial assistance to an individual when there is a condemnation order. Under the State
Sanitary Code,the BOH's obligations are limited to providing assistance in helping to identify a location for which this
person can possibly relocate. The BOH can satisfy that by issuing an order to the property owner/manager that they shall
relocate the occupant to suitable alternative housing until a permanent solution is reached.
SB-Mr. Foster is not a tenant, he is a guest on the property..
TC-If a personal guest is going to reside on your property, you have to provide them with adequate sanitary facilities.
LW-Believes that it is the Town displacing Mr. Foster, not Stephen Brown.
Motion: Based on the facts introduced at this hearing, and that the three (3)trailers and the grey/green cottage (shed) on
the property are unfit for human habitation,the shall immediately be vacated and not used for human habitation for any
period of time unless and until human habitation is approved by this Board or its authorized agent and,the property owner
is hereby ordered to relocate the current occupant(s) to suitable housing at the property owner's expense within 24 hours
of this order. The three (3) campers shall be immediately secured by boarding all doors and windows to prevent any entry
by any person. The Board's agent shall inspect the trailers for compliance and the grey/green cottage(shed)for
compliance with this provision within 24 hours of the issuance of this order and shall secure the trailers if they so choose
to do so, if the owner has failed to do so. Only the red cottage can be used for human habitation on the property. No
person shall use or occupy any vehicle, tent, trailer, camper, boat, structure or any other object or area on the property
not listed above for human habitation unless it has been approved, in writing, by the BOH or its authorized agent. For the
purposes of this order, the term "human habitation" includes the use of area for residential purposes, such as sleeping,
resting, sitting, eating, changing, bathing or any combination there of for any period of time.
Motion: Penny Holeman Second: Casey D. Chatelain Vote: 5-0 Action: Motion passed
DS-Asked about the two (2)Air B &B units. Will they be ok to use once the minor violations are fixed.
DW-There are no health violations and this is going to ZBA for review next week so it may be possible that those two (2)
units can be considered habitable space once that's done.
6. Discuss Pressure Dose Enforcement letter
AG-Since David Bennett is not present anymore, she would like to continue this at the next meeting.
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Motion: Continue until the next scheduled meeting.
Motion: Kimberley Crocker Pearson Second: Casey D. Chatelain Vote:4-0 Action: Motion passed
7. Review and approve minutes from 11/16/22 and 1/18/23 BOH Meetings
Minor corrections were made.
Motion:Approve the minutes from 11/16/22 and 1/18/23 BOH meetings with corrections.
Motion: Penny Holeman Second: Casey D. Chatelain Vote:4-0 Action: Motion carried
8. Liaison Reports
KCP-WQRC met and discussed the solar array and landfill closure at 989 Freemans Way.
9. Matters not reasonably anticipated by the Chair
None.
10. Items for next agenda
None.
11. Next meeting February 15,2023
Noted.
Informational items were noted.
Meeting adjourned at 8:15PM
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