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HomeMy Public PortalAboutBoard of Health -- 2012-08-21 Minutes 90114,0? TOWN OF BREWSTER OFFICE OP Ot '1 HEALTH DEPARTMENT 2198 MAIN STREET `� o BREWSTER,MA 02631 • PHONE:(508)896-3701 EXT 1120 F kP+I • a FAX:(508)896-4538 BR HEALTH @ TO W N.BR E W STER.M A.U S BOARD OF HEALTH MEETING TUESDAY, AUGUST 21, 2012 TOWN HALL, ROOM A Present: Joanne Hughes, Chairman, Lemuel Skidmore, Vice Chairman, Keith Johnson, Mary Chaffee and Nancy Ellis Ice, Health Director. 1. d Lewis-discussion on possible Rental Regulation EL camel before the Board to ask that they consider adopting a Rental Regulation for the Town. There was discussion on the amount of man power and time it would take if they did adopt the regulation. EL suggested possibly outsourcing the position. The Board discussed rental properties with well water should be testing the water on a yearly basis. There was discussion on the number of complaints received for rental issues. NI stated that there are very few, and the ones that usually come in are usually related to money between the landlord and the tenant. MC stated that she doesn't see evidence of a real problem in this town. Peggy Farber, a local realtor spoke. Motion: MC-have NI examine this issue and determine the number of rental units in town. Quantify the history of problems reported and whether they are health problems or problems that need to be addressed by the Building Department. Also, to determine an estimate of the number of man hours needed to comply with a proposed regulation if one were crafted. LS seconded. 4 yes. 2. Discuss agenda policy/possibly adding citizens speak MC spoke about the Board's current policy that anyone can speak to the Board with a two week notice. There was no more discussion on this issue. 3. George Reilly-variance request for Lot 73 Hamilton Cartway This item was pulled from the agenda. 4. 'Jon Peterson/Nickerson State Park-discuss camp inspection report Mr. Peterson did not show. JH asked if NI could contact the State and ask how many violations were corrected. 5. J.M. O'Reilly-64 Bates Lane-variance request to keep SAS less than 300'from pond Matt Farrell presented this to the Board. The Variance requested is to be 217'from Myricks Pond. The septic system is from 1986 and was installed in the only place on the lot that it really can be. MC asked what the distance to groundwater was. MF stated it was 10.4'. Motion: LS-grant variance request. KJ seconded. 4 yes. 1 WW W.TOWN.BREWSTER.MA.US BOH 8/21/12 Minutes Page 2 6. Patricia Marshke-116 Lee Way-variance request to keep SAS less than 300'from pond It was stated that the current location is the only place it could go on the lot. Motion: LS-grant variance. KJ seconded. 4 yes. 7. Hearing on 77 Stony Brook Road NI handed out an inspection report and a memo from Elder Services to the Board. JH stated to everyone that in an effort to grant some privacy to the owner, the name and face would not appear on camera. NI told the Board that she went out for an inspection on August 16th to let the owner know what needed to be done at the house. She also reported that she went out yesterday for another inspection. Elder Services has told NI that a vendor has been contacted and will be doing an evaluation of the house. JH spoke about Webster Light and the fact that they stated that the owner would not allow them into the home to help with cleanup. The owner stated that they never showed up to work. MC spoke about the length of time this has been going on, how a timeline had been given to correct the issues and that the Board needed to see substantial changes by this meeting. Those issues have not yet been corrected. She stated that there are still 9 violations that continue to exist. The owner stated that she felt that the Board was not giving her enough time to get all this under control. JH stated that with the house in the state it is now, the Fire Department will not go in if something was to happen. She also stated to the owner that help has been offered and not accepted by her. MC stated that at the last meeting, it was stated that if the issues were not addressed and corrected by this meeting that there would be a real possibility of the house being condemned. The owner stated that there have been improvements made to the property and that she is doing the best she can. Motion: MC-The Brewster Board of Health has the primary enforcement authority over most of the Commonwealth's sanitary code and is authorized to act in this case. Boards of Health act as advocates for safe housing. Based on the multiple, long standing, uncorrected violations of the State Sanitary Code, I move to find 77 Stony Brook Road, Brewster, MA, unfit for human habitation because it fails to meet the minimum standards of fitness for human habitation as defined by 105 CMR 410.000. Specific conditions found in the dwelling at several inspections which give rise to the finding of unfitness include: 1. Failure to provide heat 2. Failure to provide exits and unobstructed exits 3. Failure to maintain dwelling in a clean and sanitary manner 4. Failure to properly dispose of garbage and rubbish 5. Failure to provide a kitchen sink 6. Failure to eliminate insect infestations 7. Failure to provide a shower or bath Motion was seconded by LS. 4 yes. Owner was given 48 hours to evacuate the home. BOH 8/71/12 Minutes Page 3 8. Hearing on 49 Sean Circle JH stated that in order to provide privacy to the owner, the name and face of owner would not appear on camera. NI handed out an inspection report and told the Board that Webster Light had been out to the property today but won't be able to take them on as clients until a primary care doctor is established for the son. The owner stated that she is workingwith a therapist to try and get this situation under control. NI spoke about the inspection that was done today and noted that there was some improvement in the yard. JH aske1 about the water testing. The owner stated that someone would be picking up bottles from the Health Dept. NI stated that the odor in the home is still present. The owner still has 7 cats and 1 dog. The owner stated that the Fire Department had come out and tested her house for methane gas but didn't detect any. JH asked about the animals. The owner stated that she is working with the MSPCA in Boston to try and place them but they ha re not been able to help her yet. The Animal Rescue League can't take them. NI stated the she did inform the owner about companies that will do clean up but the owner had not contacted any of them. Motion: MC-Continue this for 2 weeks. The following must be done by the next meeting: 1. Animals removed 2. Water tested 3. Have a functional hot water heater 4. Bathroom sink must be fixed Seconded by KJ. 4 yes. 9. Discuss Regulation Prohibiting Smoking in Workplaces and Public Places NI explained that Cheryl Sbarra, Attorney for MAHB reformatted the regulation. The Board changed"Outdoor seating area"to include"outside seating with table service". Motion: KJ-approve regulation with change. LS seconded. 4 yes. After changes are made, have the regulation sent back to Cheryl Sbarra and then see if Charlie Sumner and Town Counsel would like to see it. 10. Discuss Town Counsels review of Variance Request Regulation The Board changed the purpose. Have it re-written and then bring back to the Board. 11. ;Discuss Health Director's FY '13 Objectives MC suggested a database of variances that have been granted as an objective. Motion: MC-continue this until the next meeting. LS seconded. 4 yes. BOH 8/21/12 Minutes Page 4 12. Discuss Animal Regulations NI told the Board that previous Board's had looked at making changes but ended up postponing any changes. There were controversial issues with the manure issues. The Agricultural Commission had looked at the changes and told the Board they liked what was already in place. The Board like the Dennis Animal Regulations and thought they could use them as a model.The Board asked NI to get Hingham's regulation and bring it back to the next meeting. 13. Discuss Animal Waste Regulation is NI suggested changing the word"Animal"to the word"Dog"since that if what the regulation is about. Motion: LS-change"animal"to"dog". KJ seconded. 4 yes. • 14. Discuss Bedroom Definition &Zone II Deed Restrictions There was a discussion on this. The Board asked that NI check with Town Counsel regarding whether or not section 4, "design flows"can be removed from the regulation. On the Zone II regulation, add the definition of Zone II and add the Zone II map. 15. Minutes from 6/5/12 meeting A few changes were made. Motion: K]-approve minutes with changes. LS seconded. 4 yes. 16. Minutes from 6/19/12 meeting A few changes were made. Motion: LS-approve minutes with changes. MC seconded. 4 yes. 17. Minutes from 7/17/12 meeting Motion: LS-approve minutes. KJ seconded. 4 yes. Bills to be paid were signed by the Chairman. Informational items were noted. Meeting adjourned at 9:15PM ((IA