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HomeMy Public PortalAboutBoard of Health -- 2023-05-03 MinutesTown of Brewster 2198 MAIN STREET BREWSTER, MASSACHUSETTS 02631-1898 PHONE: 508.896.3701 EXT. 1120 FAX: 508.896.4538 brhealthLq.Brewster-m a.gov W W W.BREW STER-MA.GOV Board of Health Meeting Wednesday, May 3, 2023 at 6:30PM Town Hall, Room A 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 present: Annette Graczewski, MT (ASCP), Chair; Kimberley Crocker Pearson, MS, MD, MPH, Vice Chair; Penny Holeman, MPH, MA, MS; David Bennett and Casey D. Chatelain Others present: Amy von Hone, R.S., C.H.O., Health Director, David Schlesinger, Clerk, Great Cape Coop, Stephen Brown (Virtual), owner of 2624-2628 Main Street 1. Call to order The meeting was called to order at 6:3013M. 2. Declaration of a Quorum All present. 3. Recording Statement Noted. 4. Chair announcements The Federal Drug Administration and the Centers for Disease Control, in collaboration with State and Local partners, are investigating an outbreak of Hepititis A virus infections linked to frozen organic strawberries sold under multiple brand labels by a variety of retailers including Trader Joes. If you purchased organic tropical blend from Trader Joes with best buy dates of late April, May, or early June of 2024, they should be discarded. More information regarding this recall is available on the Department of Public Health's website. The Brewster Council on Aging will be holding their 2nd annual Community Wellness Fair on Friday, May 19, 2023 from 2- 4:30PM at the Brewster Baptist Church. Town Departments and local service providers will offer a variety of wellness programs and assistance. Please see the event flyer for more details. It can be found online at the COA website, or you can call the COA at 508-896-2737. AVH- The Brewster Baptist Church Caring Nurses have coordinated a Covid vaccine booster clinic to take place at the wellness fair. Pre -registration is suggested. If there are any doses left, they will take walk-ins. The link will be posted on the Town's website. 5. Citizen's forum None. 6. Update and discussion on remaining violations at 2624-2628 Main Street N:\Health\from Shari\MSWORK FOLDERS\MEETINGS\BOH\May323m.doc Stephen Brown was present virtually and David Schlesinger was present in person. DS -asked the Board how he could get access to the grey/green cottage and to have the condemnation signs removed. He stated that they want to use it for storage, and it would not be used for human habitation. AG -asked about the shower and cooking facilities in the cottage. DS stated that the power and water have been shut off. AVH- there are no other issues under the health code but there may still be Zoning issues. DS -the zoning stipulation is that the cottage is on the property line. The way to resolve that is to combine the 2 properties. They have spoken to an attorney, but nothing has been done yet. AVH-the agreement that was reached between Town Counsel and Mr. Brown's & the COOP's attorney stipulates that the parties agreed that the unpermitted grey structure on the property violates yard setback requirements of the Town's Zoning Bylaw and cannot lawfully be used or occupied as habitable space or as a dwelling unit under said Zoning Bylaw. DS -Conservation and Building would want some type of permit for it to be a legal structure. AG -asked what the requirement for reversing a condemnation order as per the regulation was. AVH-typically, it would mean a re -inspection to determine if it could be re -inhabited, but in this case, they are not planning on inhabiting it, so there wouldn't be an issue as far as the Housing Code and the violations that were there. It would just be a matter of the Board releasing the condemnation order. KCP - asked if there were any concerns about danger issues with the cottage. AVH — no. DB — doesn't see this as an issue if they are not planning on inhabiting it. CC -asked how the water and power were disconnected. DS — water is caped, and the wires are disconnected from the breaker. AG — asked AVH what other things were outstanding with this property. AVH- gave a summary of what has been going on. • December 22, 2022 was when an order to correct violations was issued for all the violations found on the property • January 16, 2023 — received a complaint from an abutter regarding the unlicensed rooster and chickens on the property and the excess noise generated by the rooster • January 18, 2023 -the BOH held an appeal hearing at the request of the property manager in response to the order to correct violations letter. At that meeting, the BOH voted to uphold the violations that were stated in the order to correct • January 25, 2023 — gained access to the property to confirm correction of any violations that had been noted in the December letter and to list any violations that were still non-compliant. A summary letter was generated of both the appeal hearing and the inspections, and was given to the owner • February 1, 2023 — the BOH held a hearing on the occupancy of the campers that were on site and the grey/green shed, which had been used for human habitation. The BOH deemed the campers and shed uninhabitable and posed a danger to the health and safety of the occupants. • February 6, 2023 — Health Department staff, along with the Building Department and Police and Fire Departments went back to the property to condemn the campers and shed. All those structures were posted as condemned. • February 7, 2023 — Health Department received another complaint about the rooster and chickens and excess noise N:\Health\from Shari\MSWORK FOLDERS\MEETINGS\BOH\May323m.doe • February 10, 2023 — I received an email update from David Schlesinger that Michael Foster's camper had been removed from the property. A reminder email was sent in response outlining the remaining violations that needed to be corrected in the Burgess House rental units • March 6, 2023 — another email update from David Schlesinger regarding the removal of Stephen Brown's camper that had been sold. The Great Cape Coop was still working on getting rid of the camper owned by Tina Sylvester (which is not occupied) • March 14, 2023 — received an inquiry letter from Stephen Brown regarding the use of the condemned shed for spring seedling activities • March 16, 2023 — Health Department responded back to Stephen Brown and David Schlesinger reminding them of outstanding violations to be corrected. Primarily in the Burgess House and the required animal permit for the rooster and chickens • April 18, 2023 — another email from the Health Department to Stephen Brown and David Schlesinger regarding lack of response from the email a month prior about the outstanding violations that still needed to be addressed • April 26, 2023 — email response from Stephen Brown to the Health Department regarding the April 18, 2023 email. Mr. Brown requested to come before the Board There are still outstanding violations: unlicensed roosters and chickens and minor repairs on the second floor of the Burgess House ( 2 Air B & B units). AG -asked if the Coop was still moving forward with licensing the chickens if the property is up for sale. DS -stated that they are still waiting for the wetland's delineation before a sale. AVH-stated that she received a call from Bill Grafton, Conservation Agent, in which he stated that the wetland lines are being reviewed and have not been formerly approved by the Conservation Commission. He doesn't think the wetland line that would directly affect the setback distances to the chicken coop would change dramatically to move the setback that the BOH is looking for. SB -stated that he had given Michael Foster, owner of the chickens, until Sunday night to remove them. AG -stated that she did understand why they wanted to take the condemned signs down but is still concerned about the use of the shed. Motion: Approve the removal of the boards from the windows and doors of the shed so it can be used for storage (not for human habitation) as based on the settlement agreement, with the provisions of the Planning Board. Motion: David Bennett Second: Penny Holeman Vote: 5-0 Action: Motion carried 7. Discussion and possible vote on Pressure Dose Education letter AG -had a few more changes that she would like to see. DB -asked if this letter was going to all pressure dosed system owners or just under 2000 gpd systems. The Board thought it should go to both. Discussion on the letter and its content. Changes will be made and brought back to the next Board meeting. 8. Opioid funding discussion Funds from settlements have been distributed to Towns, which is supposed to be used to help people who have been affected. Peter Lombardi, Town Manager, has told AVH that a group will be pulled together to have discussions on how best to leverage the funds that were allocated for this region. The BOH was invited to participate and a liaison to that group may be appropriate. NAHealftfrom Shari\MSWORK FOLDERS\MEETINGS\BOH1May323m.doc KCP & DB both agree that there should be a liaison. 9. Brewster Conservation Day discussion The theme is "Native Plants, Healthy Habitats". KCP will be representing the Natural Resource Advisory Committee and will be doing a child -friendly activity that will consist of showing the kids how to grow a seed. After the activity, the kids will need to wash their hands and she would like to partner with he BOH to have a handwashing demonstration. They will also be doing a talk for adults on exposure to poison ivy. AVH stated that she could get samples packets of Tech -NU. AG suggested bringing materials about I/A systems and ponds. 10. Consent Agenda: a. 50 Pine View Drive - Failed system - Proposed system is with 300' of the pond - SAS is downgradient from pond - Proposed system will provide better treatment than what is there b. 239 Underpass Road - Failed system - Looking for relief from the 36" maximum cover for the SAS and d -box, up to an additional 36" c. 466 Paines Creek Road - Failed system - Looking for relief from the 20" setback requirement between the SAS and the bulkhead Motion: Approve consent agenda Motion: Penny Holeman Second: Casey D. Chatelain Vote: 5-0 Action: Motion carried 11. Review & approve minutes from 2/15/23 & 3/15/23 meetings Motion: Approve minutes from 2/15/23 & 3/15/23 Motion: Casey D. Chatelain Second: Kimberley Crocker Pearson Vote: 5-0 Action: Motion carried 12. Liaison Reports AG, Recycling Commission — Beautify Brewster was a great success, and the Nip Bottle Ban was approved at Town Meeting. KCP, Water Quality Review Committee — have not met. DB, Water Quality Task Force - there is a meeting next week. 13. Matters not reasonably anticipated by the Chair AG stated that this was her last meeting as a BOH member and wanted to thank AVH, the Board and the residents of Brewster for all their support. DB -thanked both AG and CC. AVH thanked both AG and CC for all their support while they were on the Board. NAHeaIdi\from Shari\MSWORK FOLDERS\MEETINGS\BOH\May323m.doc 14. Items for next agenda None 15. Next meeting: May 17, 2023 Noted. Informational items were noted. Meeting adjourned at 7:45PM NAHealth\from Shari\MSWORK FOLDERS\MEETINGS\BOH\May323m.doe