HomeMy Public PortalAboutBoard of Health -- 2012-07-17 Minutes ours? TOWN OF BREWSTER OFFICE OF
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BOARD OF HEALTH MEETING
TUESDAY,JULY 17, 2012 AT 7:00PM
TOWN HALL, ROOM A
Present: Joanne Hughes, Chairman, Lem Skidmore, Vice Chairman, Keith Johnson (arrived at 7:17PM), Mary Chaffee,
Jose Fernandez, Nancy Ellis Ice, Health Director and Tammi Mason, Senior Department Assistant.
The Board agreed to have the hearing on 77 Stony Brook Road first to accommodate the homeowner.
8. Hearing on 77 Stony Brook Road-
Leanne Trefrey was present. NI gave the Board an update on the situation. She stated that as of June 28, 2012 none of
the issues had been corrected. A company named Webster Light has accepted an application to help Ms. Trefrey with her
situation. LT told the Board that she has to have her chimney rebuilt and that it would cost thousands of dollars to do
that. She is working with Rick Colsen to fix the sink in the kitchen. The water is off because of the leak in the sink but
the water does work. JH asked LT about the heating system. LT stated that she has electric heat and uses radiators. JH
suggested to LT that she sell her cars to get some revenue to fix the items that are not working g g properly in the house.
MC asked NI about her last site visit. NI stated that there are small pathways to get through the house and there are
piles of stuff that are very high up. MC talked about how this situation is unsafe for LT and is concerned with the amount
of time it is taking to fix all the existing problems. She feels as if this is getting worse not better.
Motion: MC-continue this discussion about whether or not to condemn the house due to multiple violations of the
Housing Code for one month so that the occupant can find an alternative living situation or rectify the
multiple longstanding violations from the last two (2) inspection reports. LS seconded. 3 yes. JF
abstained.
NI will do an inspection on August 20th and have Ms. Trefrey come to the August 21, 2012 meeting.
LT asked if someone could come out and point out to her what needs to be removed. JH asked either NI or the assistant
to go out a week prior to the meeting and do an inspection to let her know what is needed.
Keith joined the meeting at this point.
1. J.M. O'Reilly-continued variance request for Lower Road
Applicant has requested another continuance until the August 21, 2012 meeting.
Motion: LS-require applicant to get final approval from Conservation Commission before they can come back to
the Board of Health for approval. KJ seconded. 5 yes.
2. Cape Cod Engineering-floor plan review for 112 Governor Prence Road
Bob Perry was present.
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Owners built a new home and would now like to finish the space over the garage for an office. BP stated that the only
access to this room would be through a bedroom on the 2nd floor. They installed a 5-bedroom septic system for this
home. JH read to BP the restrictions of Environmentally Sensitive Area conditions that went with the previously
approved variances. It was noted that if this room was built, they would be at 6 bedrooms and the septic system would
not be large enough. There was discussion on the bedroom definition with regards to this issue.
Motion: KJ-approve variance to bedroom definition. There was no second. Motion did not carry.
3. Discussion on 93 The Channel Way
Anna Lombroso and Bill Glynn, homeowners, were present.
This property was recently granted variance from the BOH. Conservation Commission has given approval and they have
3 years to do the work. The owners would like to request from the BOH that they be allowed to hold off on the upgrade
due to family medical issues.
Motion: MC-grant an 8 month extension with limited occupancy at the house until September and no occupancy
In the winter or spring until the project is completed. LS seconded. 5 yes.
4. Public Hearing on BOH Regulation Prohibiting Smoking in Workplaces and Public Places
Bob Collette, Director of Cape Cod Regional Tobacco Control Program was present to answer any questions. JH brought
up the subject of"enclosed"spaces with regards to this regulation. She believes that outdoor areas that are covered and
use waitress service should be included in this regulation. She believes it should reflect Provincetown and Bourne's
regulations.
Judy Miller spoke and encouraged the Board to support a 100% ban on smoking in any outdoor patio area.
MC asked Bob Collette to go over the difference between banning smoking in the outdoor service areas and the not the
beaches. BC stated that there are several differences between the two, you have to take wind and weather in to account
when at the beach, freedom to move around and not a lot of scientific information with regards to second hand smoke at
beaches.
Ed Lewis spoke in support of the ban.
Motion: LS-have Cheryl Sbarra, Staff Attorney at MAHB re-write the regulation with the addition of"enclosed
service areas", and fix other errors. MC seconded. 5 yes.
5. Discuss Private Hauler Recycling Regulation
Jillian Douglass, Assistant Town Administrator was present to help with questions. This is coming back before the Board
because when JD gave the DEP what the BOH had previously agreed to, they stated that in order to get the grant money,
the addition of"bundled Pricing"and reporting had to be included.
MC asked if the grants would be at risk if the Board did not make the change. JD stated that DEP would not approve the
grant request.
Steve Changaris, Regional Manager, Northeast Region for NSWMA WASTEC spoke about how he would like a chance to
work with the haulers in Town with regards to this issue. He stated that he does not believe the BOH has the right to say
anything with regards to the economic issues. He would like to help the Town with the wording of the regulation,
JH stated that the Regulation needs to be re-written and Town Counsel will need to review it.
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Ed Lewis told the Board that the Selectmen have no specific plan for implementation at this time. They are thinking
around April.
Shawn Delude, Nauset Disposal spoke about his concerns with this regulation. He spoke about the fact that the Transfer
Station in Brewster does not allow commercial haulers to disposal of trash there, even though the trash is from this town
and they have to find another place to dump it. Sandwich has this regulation in place currently and they have no way to
enforce the regulation. Not all haulers are offering bundled prices in Sandwich even though that is what the Regulation
states. The BOH is actually considering overturning their decision to have that regulation.
The Board agreed to continue this until the August 21, 2012 meeting. NI will get in touch with the Sandwich Health
Director for information on their regulation.
6. Discuss the petition submitted to the Board of Selectmen regarding metal recycling
Elbert Ulshoeffer spoke about metal picking and the petition he had that was signed by 281 residents of Brewster to be
allowed to continue this practice. He stated that it is not a health issues and even though it has been a BOH regulation
for 34 years, it hasn't ever been enforced.
JH read into the record a memo from Meg Morris, Chair of the Recycling Commission.
Motion: LS-table this discussion for a later date since the Regulation is being looked over. KJ seconded. 5 yes.
7. Discuss memo from Dan Rabold re: Changes to practices at the Transfer Station
The Board agreed to hold off on this discussion since no one was present.
9. Hearing on 40 Sean Circle
Cynthia Stracuzzi, homeowner was present as well as her son Doug.
NI handed out a letter from Victor Staley with regards to the tents in the back yard. NI showed the Board pictures from
an inspection done on July 11, 2012. The yard was overgrown, filled with debris and trash and a few metal piles, there
were tents in the backyard which appeared as if they were living in them. Electrical cords were going from outside outlets
into the tent. There is a car and camper filled with trash there. On July 17, 2012 another inspection was done and it
appeared that the front yard had been mowed and looked in better condition. The electrical cords had been removed
and the car was gone. However, the trash and debris appeared as if it had just been moved around and not actually
picked up. Ms. Stracuzzi stated that the camper was being removed on Friday and that they had rented a U-Haul so that
they could take the metal pile away. It was noted that there was a very strong odor coming from the inside of the house.
Ms. Stracuzzi told the Board that she is working with a parent partner to help her get control of the situation at her home.
NI told the Board that she made a referral to Webster Light, a Group Adult Foster Care Program that could help CS with
these issues.
MC stated that she believes a time line is needed because this has been going on for so long and that an interior
inspection of the home should be done ASAP.
Motion: KJ-continue this until the August 21, 2012 meeting. An inspection shall be done prior to that date to
check on the progress. LS seconded. 5 yes.
10. Discuss and possibly vote on VNA contract for FY 2013
Motion: LS-approve VNA contract for FY13. MC seconded. 5 yes.
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11. Discuss possible objectives for Health Director
Bring back to next meeting.
12. Discuss Animal Regulation
Bring back to next meeting.
13. Discuss Animal Waste Regulation
Bring back to next meeting.
14. Discuss Bedroom Definition
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Bring back to next meeting.
Documents to be signed:
1. Regulation restricting the Sale and Use of Tobacco Products &Nicotine Delivery Products
Motion: LS-adopt regulation. )F seconded. 5 yes.
Regulation was signed by Board.
Bills to be paid were signed by the Chairman.
Informational items were noted.
Meeting adjourned at 10:30PM 141 op
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