HomeMy Public PortalAboutBoard of Health -- 2012-08-21 Minutes 90114,0? TOWN OF BREWSTER OFFICE OP
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o BREWSTER,MA 02631
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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.
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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.
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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.
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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
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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.
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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
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