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Home My Public Portal AboutBoard of Health -- 2015-07-07 Minutes $pawsr TOWN OF BREWSTER OFFICE OF HEALTH DUARTMENT 2198 IV1r1Ii'STRUT > BREIVSTER,MA 02631 r PHONT:(5 08)896-3 701 EXT 1120 ° t€€{�,R�`e ° FAX:(508)896-4538 BRHEALTH(l BREws'rER-MA.GOV BOARD OF HEALTH MEETING TUESDAY, JULY 7, 2015 AT 7:OOPM Y TOWN HALL, ROOM A Board members present: Lemuel Skidmore, MS, MPH,Chairman;Carmen Scherzo, DVM, Vice Chairman;Annie Dugan,RN; Mary Chaffee, RN, PhD and Joe Ford Others present: Nancy Ellis Ice, MPH, CHO, RS, Health Director and Tamnli Mason, Senior Department Assistant 1. Chairman's announcements Mr. Skidmore thanked Joanne Hughes for her many years of service with the Board of Health. Brewster Conservation Day was brought up, Dr. Scherzo will cover 10-12 and Mr. Ford and Mr. Skidmore will cover 12-2. 2. Bennett Environmental Associates,Inc.—Local and Title 5 variance requests for 298 Robbins Hill Road David Bennett, Ben Zencier,Attorney and Michael Halley, Builder were present. Patrick Horsman, homeowner was also present. They are requesting the following variances from Title 5: 1. SAS to be 6' from property line 2. SAS to be 21' from dune(bordered vegetated wetland) Variance requested from local regulations: 1. SAS to be 21' from dune(bordered vegetated wetland) 2. Section 3.1 under environmentally sensitive areas(from Variance Regulation)Manifestly unjust to not allow the homeowner to keep the current 5 bedrooms. Mr. Skidmore explained to the Board and Mr. Bennett that because this falls within an"environmentally sensitive area",the variance regulations state that no additional flow can be added to the home. The permit for this property states that the system is designed for 3 bedrooms,not the 5 that is being represented. Mr. Bennett stated that the variances were falling under the"manifestly unjust"rule because the homeowner would be deprived of using the property as intended if the Board made him stay at 3 bedrooms. He stated that the new system would provide better environmental protection and that the Conservation Commission had already approved this plan. Dr. Chaffee stated that it is arguable that a property with 3 bedrooms would reasonable be found to be a manifest unjust use of the property. There was back and forth discussion on what the actual number of bedroom were. Mr. Bennett stated that his client bought the house as a 5 bedroom and that's what it was represented as by the realtor. The Assessor's field card also stated that it was a 5 bedroom home. There was a lengthy discussion on the issue of a 5 bedroom vs. a 3 bedroom and what the Board could approve. Attorney Zender asked the Board for a continuance until the next meeting on August 4,2015. The Board was agreeable to that. WWW.TOWN.BREWSTER.MA.US 3. Max& Kristin Dwyer-21 Boulder Road-request to delay replacing an oil tank The homeowners were not present. There was a brief discussion. Motion: Notify the homeowner that if the single walled tank is not removed or upgraded within 3 months, fines will start. Motion: Annie Dugan Second: Dr, Scherzo Motion: Dr.Chaffee amended the motion to add that they had until October 1,2015 to make the changes. Motion: Dr.Chaffee Second: Annie Dugan Vote: 5-0-0 Action: Motion carried 4. At-lee Smith-75 Sheep Pond Circle-variance request to keep SAS within 300' of a pond John O'Reilly represented the homeowner. This is a 2006 system,has a 25' vertical separation from groundwater to SAS and the groundwater flow is both away and towards the pond. Motion: Finding that there is a 25' separation from groundwater and the flow is somewhat away from the pond,grant the variance request. Motion: Dr. Scherzo Second: Joe Ford Vote: 5-0-0 Action: Motion carried 5. Bat Cake 4 Breakfast-Food Service permit application Danielle Nettleton, owner was present. She will be the CFM. This will be a bakery with take out and 1nnnited seating. Motion: Approve the permit application pending a final inspection and all recommendations have been met. Motion: Dr, Scherzo Second: Joe Ford Vote: 5-0-0 Action: Motion carried 6. Candleberry Inn-application to amend Food Service permit The applicant was not present. They would like to include"special events"on their current food permit. They would stilt need to subunit a temporary food permit application and pay the fee. Motion: Approve the addition of"special events"to the current food permit. Motion: Annie Dugan Second: Dr. Chaffee Vote: 5-0-0 Action: Motion carried 7. Council on aging-Food Service Permit application Denise Rego,Council on Aging Director was present. Elder Services currently has a restricted license to re-heat and service meals 5 days a week. Tire COA would like to be able to use the kitchen for their own purposes for a few events a year. Mrs. Rego is a Certified Food Manager. Motion: Approve the food service permit application pending a final review and all recommendations have been met. 2 BOH 7/7/2015 Minutes Motion: Dr.Chaffee Second: Annie Dugan Vote: 5-0-0 Action: Motion carried 8. Public hearing on the Tobacco Regulations/changing purchase age to 21 Bob Colette,Director of Cape Cod Regional Tobacco Control Program was present. Mr. Skidmore stated that he does not believe this regulation change would do anything to help public health and is against the change. Mrs. Dugan read a statement she had prepared and stated that she was in favor of this change. Dr. Chaffee stated that she is in fill support of this cliange and believes that this change is an important step towards iniprovirig public health. Mr. Ford stated that lie is against the change and believes that it will hurt the local businesses since the under 21 crowd could just go to another town to purchase the cigarettes. He also talked about how people always say that the adolescent mind isn't fully developed until 21 but 18 year olds are allowed to vote and join the military. Mr. Colette spoke about when the alcohol law changed to make the legal age 21 and that there was a positive oertcanie from that. He believes that this change will effectively wipe out smoking in the high school. Dave Wilson from CCMG stated that there are GG towns and cities that have the legal age as 21 to purchase cigarettes. Katherine Wilbur, Director of the Southeast Tobacco Free Partnership also stated that she is in favor of this change and re iterated the things that Mr. Colette and Mr. Wilson had stated. Motion: Change the legal purchase age to 21 and have it be effective on September 1,2015. Motion: Annie Dugan Second: Dr. Sclierzo Vote: 3-2-0 Action: Motion carried 9. Discuss Planning Board application for 2452 Main Street Mr. Skidmore made a statement that lie evas employed by the owner of this property at one tint. Dr. Chaffee thought that impervious material should be used. Dr. Scherzo spoke about dry wells to improve the drainage Noted. 10. Discuss the draft Pond Nutrient Regulation The only thing to be discussed tonight is the Conservation Commissions response to Mr. Skidmore's memo. Mr. Skidmore suggested holding off ori any discussion until the Board can speak with Mark Nelson. The Board agreed to continue this until Mr.Nelson could attend a meeting. 11. Discuss and possibly sign the Variance Regulation Mr. Skidmore stated that lie thought that the definition of new construction should be left alone and that a BOH policy should be done up for new construction. Motion: Sign document Motion: Annie Dugan Second: Joe Ford Vote: 5-0-0 Action: Motion carried 3 BOH 7/7/2015 Minutes 12. Discuss and approve minutes from 6/16/2015 Motion: Approve minutes as written Motion: Dr. Scherzo Second: Dr. Chaffee Vote: 5-0-0 Action: Motion carried 13. Discuss the Health Director's annual review Mr. Skidmore will do the review and get tack to the Board. 14, Topics the Chairman did not anticipate None Informational items were noted. Meeting adjourned at 9:OOPM 4 BOH 7/7/2015 Minutes