HomeMy Public PortalAboutBoard of Health -- 2014-02-18 Minutes TOWN OF BREWSTER OFFICE OF
��� ark HEALTH DEPARTMENT
0� 44 2198 MAIN STREET
a 16i t
BREWSTER,MA 02631
PHONE:(308)896-3701 ExT 1120
• - • FAX:(508)896-4538
to BRHEALTH@TOWN.BREWSTER.MA.US R I,STEP `11,x,{
BOARD OF HEALTH MEETING
TUESDAY, FEBRUARY 18, 2014 AT 7:00PM ;,:.
TOWN HALL 1' ; ,� U uJ
Board Members present: Mary Chaffee,RN,PhD,Chairman;Joanne Hughes,Vice Chairman;Lemuel Skidmore,MS,MPH;Annie
Sherwood,RN
Call to order: Chairman called the meeting to order at 7:00pm.
Others present: Nancy Ellis Ice,MPH,CHO,RS,Health Director;Tammi Mason, Senior Department Assistant;
1. coler&Colantonio-annual report for Ocean Edge
Discussk n: Chris Vineo and Scott Kraihanzel were present. They let the Board know that the company is actually CHA Tech
Services now.They gave a brief overview of the operations for the year. There were a few months that the system had a few issues,
which could have stemmed from a few different things. They don't foresee any issues with the operations in 2014. They spoke about
the treatment plant.
2. Bennett Environmental-annual report for Pleasant Bay Health&Living Centers
Discussion: There was no one present to answer questions. The Board didn't see any issues;the system has always been in
compliance.
3. Whitewater&Wastewater Solutions-annual report for Epoch
Discussion: John Pride was present. Told the Board that the system was in compliance all year. Mary Chaffee asked if they could
put what they use as norms on the report.
4. Discussion on proposed Variance Regulations
Discussion: Sarah Turano-Flores,Town Counsel was present to go over this with the Board. She spoke about the change in the
regulation with regards to"new construction". She questioned the Board as to whether they were looking for these variance
regulations to pertain to all the BOH regulations or just for Title 5 regulations. The Board thought that they should be for Title 5
regulations.
Attorney Flores suggested adding"Title 5"to the title of the regulation.She also stated that when the Board is reviewing a variance
request from the local regulations that their variance regulations should be applied,however,when dealing with State variance
requests,'!the Board needs to go by State regulations.
She suggested adding"as it exists on the date this regulation is adopted"to Section 2.2 of the regulation.
She also stated that under the definition of"buildable upland",the resource area as it's defined under the local wetlands protection
regulations to include the actual resource areas and not the buffer zone there too. Under the local wetlands bylaw,the buffer zone
itself is the 100 feet from the resource area.
She spoke about the three different types of variance requests.
There was discussion on adding to the regulation that if a deed restriction is recorded then a 2 bedroom could be built on the lot if they
don't have enough land(if the land is not already in use).
Changes',to section 3.3 were discussed.
W W W.TOWN.BREWSTER.MA.US
Attorney Flores will do another draft of this regulation and it will be brought back to the Board for another review at the March 18,
2014 meeting.
5. Discussion on proposed Animal Regulations
Discussi n: The Board was not given copies of the proposed regulation or the opinion from Town Counsel. Attorney Flores reminded
the Board that their purview is to protect the public health and not animal health. She spoke about agricultural use and the Board of
Health regulations and about nuisances having to do with farms.
The Board asked that they be emailed the information so that they could review it. This will be brought back to the Board on March
4t',2014.
6. Discussion on proposed changes to the Tobacco Regulations
There were some questions on cigarette rolling paper. Attorney Flores stated that the Board of Health regulation may run contrary to
the State regulations. She suggested that the Board check with Cheryl Sbarra(MAHB),on that issue. There were no other issues that
Town Co}insel had with the changes.
Annie Sherwood suggested adding the new statistics from the CDC and the Surgeon General to the regulation.
Attorney Flores stated that this is as solid a regulation as can be written and that the data Annie Sherwood mentioned is in the
statement of purpose already.
Lemuel Skidmore spoke about his opposition to this change.
The Board agreed that this is ready for a public hearing but wanted to hold off until a few others were also ready and have one
hearing.
Attorney Flores stated that she would check with Cheryl Sbarra on the rolling paper issue.
7. Discussion on proposed change to Local Regulations to Supplement Title 5 State Environmental Code,Section 3,
Monitoring and Reporting requirement.
Attorney!lFlores has found no other town that is currently doing this. Brewster would be the first town. Nancy Ice stated that she had
not recei ed much feedback from the County Health Department and that the new State Title 5 Code does have a section in it that will
require t e same thing as this change to the local regulation. Nancy Ice believes that there is no need to have this regulation since it
will be c ming from Title 5 at some point.
8. Review and approve minutes from January 7,2014
Nancy Ice stated that for the record that in item#2,the distance from an animal enclosure to a property line is actual 25 feet,not 20
feet as stated in the minutes. She also stated that on page 3,top of the paragraph regarding her comments on piggeries was incorrect,
it should i-ead"M.G.L.,Chapter 111,Section 43,which is"Trade or employment attended with noisome and injurious odors;
assignment of places,prohibition;appeal"to the Board and brought up whether or not this is the right site for a piggery. She also
stated tha4t this is something that is much further down the road.
Motion:Approve the minutes as corrected.
Motion:(',Joanne Hughes Second: Lemuel Skidmore Vote: 4-0-0 Action: Motion Carried
9. Discuss and approve Health Director's mid-year review
This is still a work in progress.
Board of Health 2/18/14 Minutes Page 2
10. Topics the Chairman did not anticipate
Nancy Ice spoke to the Board about the remaining money in the performance bond from the Eco Inn project. She is requesting the
Board's approval to return the remaining money to the owner.
Motion:Return the remaining money from the performance bond for the Eco-Inn.
Motion:,oanne Hughes Second: Annie Sherwood Vote: 4-0-0 Action: Motion Carried
Nancy Ice spoke about 0 Primrose Cartway. She read the email that she sent to Jason Ellis,designer of the system about the fact that
there is a deed restriction for 2 bedrooms on the property,therefore,the request for the 3 bedroom alternative system would be
considered a new application and would fall under the new regulations.
Meeting adjourned at 8:30PM
Board of Health 2/18/14 Minutes Page 3