HomeMy Public PortalAboutBoard of Health -- 2017-06-07 Minutes �0w T TOWN OF BREWSTER OFFICE OF
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BRHEALTH a BREWSTER-MA. GOV
BOARD OF HEALTH MEETING
BkE? Iyl
WEDNESDAYJUNE 7 , 2017 AT 7 : 0013M
TOWN HALL, ROOM A
Board members present : Carmen Scherzo, DVM , Chairman ; James Gallagher, Vice Chairman , Mary Chaffee, RN , PhD; Joe Ford and
Annette Graczewski, MT ( ASCP )
Others present : Nancy Ellis Ice, MPH , CHO, RS, Health Director and Tammi Mason, Senior Department Assistant
James Gallagher will be the acting chairman for this meeting .
1 . Chairman's announcements
The VNA in conjunction with the Board of Health will hold a Child & Adolescent Immunization & Lead Screening Clinic on June 19,
2017 at the VNA office in Dennis . Residents can call for an appointment at 508-957-7423 .
2 . Attorney Paul R . Tardiff — seeking approval of a Nitrogen Aggregation Loading Plan for 261 Cranview Road
Stephen Haas and Attorney Tardiff were present . Parcel is 26, 690 square feet . House is currently a 2 bedroom with a 3 bedroom
septic. Owner has plans in the future to upgrade his home to a 3 or 4 bedroom . All the owners on this road have 1/ 13th interest in
the "green space" . He wants to combine the 1/ 13th space to his square footage so he can put another bedroom in . No septic
components will be on that "green space" . There are no plans currently to show the board .
Dr . Chaffee questioned whether or not the other 12 owners had been notified of this request . Attorney Tardiff stated that the
owner is only using his portion and that he didn't believe they needed " permission " from other owners . She also asked about the
easement and stated that she wasn' t clear on how the other owners would be affected . Attorney Tardiff stated that nothing is being
built on it, it has to remain as green space forever.
Dr . Chaffee had bedroom questions . Mr . Haas stated that they are only looking for approval for the nitrogen aggregation plan today .
He is planning on upgrading at a later date and will have floor plans then .
Dr. Scherzo spoke about variance regulation and the requirement for 1 bedroom per 10, 000sf. Mrs . Ice stated that this is not a
variance request and that regulation would not apply here . If the Board approves it, it is allowed under Title 5 .
Dr . Scherzo stated that even so, he is only comfortable with a 3 bedroom not a 4 .
Mr . Gallagher asked if the bog had been evaluated as land subject to flooding . Mr . Haas stated that he doesn' t believe so and stated
that it is not a closed basin, it drains into elbow pond . He also stated that there was nothing in this section of Title 5 that says
anything about " land subject to flooding" .
Mr . Gallagher also voiced his concern with whether or not the other owners gave permission . He asked about how it gets recorded if
approved . Interpretation is that the restriction document would be recorded with this specific lot, but what about the other
owners ? Attorney Tardiff stated that it would only go on the current owner' s deed . There really is no restriction on this land that
would affect any other owner . The land will not change, it will stay green space forever .
Tom Lincoln, abutter at 273 Cranview Road . This is a cluster zone . The 13 lots were smaller than what could be legally sub divided .
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There is no designated space for each owner, it' s just owned by everyone .
Mrs . Graczewski questioned the dirt pathway to the beach . Asked if the owners were planning on building anything on this part .
Mr . Haas stated that it too close to wetlands and they couldn 't build anything . He did exclude the paved area in his calculations .
Mr . Gallagher asked if the planning board imposed any restrictions when they approved the sub division . Mr. Haas said they did not .
Dr . Chaffee still questioned whether the board can vote to allow this without permission from all the other owners . Thinks it needs
to be discussed with Town Counsel .
Attorney Tardiff stated that the 13 owners do not own this jointly, they are technically "tenants in common" . There is no specific
deed for the common area .
Motion : Before bringing this to a vote, obtain clarification from Town Counsel on the implication of approving without other owners
permission and have Mrs . Ice contact the State with the same question .
Motion : Mary Chaffee Second : Carmen Scherzo Vote : 5-0-0 Action : Motion carried
3 . Ferretti's Market — tobacco violation
Gina Ferretti, owner was present .
Mr . Gallagher stated that the Health Department had received a report of a sale of tobacco to a minor and that this was the second
offense within a 24 month period . A $ 200 fine can be issued and also a 7 consecutive day license suspension can be handed down .
Mrs . Ice told the Board that the suspension part of this regulation is new and the board has not dealt with this before .
Ms . Ferretti stated that she was very sorry that this happened and stated that the person that sold to the minor was one of the best
cashiers and unfortunately it just slipped through . They do take it very seriously and do have training for all employees .
Dr. Chaffee asked how many employees there were and what training they gave . Ms . Ferretti stated that there were 8 cashiers and
that they are constantly going over the proper procedures and requirements . She stated that they preach all the time about the sale
to minors .
Mr. Gallagher stated that due to the Board ' s regulations, a fine had to be placed on them and a 7 day suspension has to take place .
He stated that the Board may have some leeway when that 7 consecutive day suspension took place . The Board could allow
Ferretti' s to pick a 7 consecutive day period within the next calendar year when they would have the suspension, but If there is a 3rd
offense, the suspension will be immediate .
Mr . Ford thought this seemed like a fair offer.
Motion : Issue a $ 200 fine and the 7 day suspension shall be completed no later than March 1, 2018
Motion : Mary Chaffee Second : Joe Ford Vote : 5 -0-0 Action : Motion carried
4 . Larry Dapsis & Gabrielle Sakolsky — update on Mosquito Control & Ticks
Gabrielle Sakolsky from Cape Cod Mosquito Control gave an update on what is going on with mosquito control . Crews worked in
Brewster at 186 sites, treating for mosquitos and water management projects . There are 2 sites that trap mosquitos regularly . Last
year over 700 mosquitos caught, 200 were send to state for testing. All of them tested negative . There' s been a lot of rain this year
and are starting to capture them . Haven' t found the mosquito that carries Zika yet . DPH has not updated the risk maps yet . Last
year it was low level in Brewster. They assume WNV is in all towns in Mass . EEE-risk was low last year ( 2012 there were positives ) . If
people continually dump all stagnant water there shouldn 't be a problems with mosquitos in their yards .
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Larry Dapis from Barnstable County Department of Health told the Board that Brewster has the Yd highest incidence rate of Lyme in
the county . In the last 3 years we have had 14 cases of Powassan virus with 3 fatalities . 2 in Falmouth 1 in Brewster . They created a
surveillance program last year and found Powassan infected ticks at 4 sites . He believes this has been on Cape Cod for many years .
He noted that a high infection rate but low cases means that most people are a -symptomatic. No reason to panic. Just be aware .
Continuing the surveillance . Spoke about the tick report . com program . Surveillance for Ione star ticks continues .
Mr . Gallagher asked is it better for the ticks to be dead ? Mr . Dapsis said yes, they can still be tested and found positive even dead .
Usually 3 business days you will get results . 99 . 99 % accurate when tested .
Dr . Scherzo asked if any effort to go back and look at old blood samples of people to check for Powassan virus had been made , Mr.
Dapsis stated that the extract from the tick goes into archive and they can go back in time and check the tick blood, but it hasn ' t
been done for people .
Mr . Dapsis stated that people need to protect themselves, their yards and their pets . Permethrin treated clothing and footwear are
good to wear .
Mrs . Ice asked about the gypsy moth caterpillars and fungus . Mr . Dapsis stated that this year is going to be worse than the I3st 2
years . They will be checking within the next few weeks for the fungus .
5 . Discuss I/A system at 7 Thousand Oaks Drive
Mrs . Ice stated that at this point, the owners are not under an enforcement order nor did she request them to come in . Owner
came into the office and told her that the property is for sale and he wanted permission to remove the I/A component . She told him
he was required to have it because he added a bedroom without the allowed square footage . This system is one that hasn' t worked
well at all from the beginning .
Dr. Chaffee asked when it was installed . Mrs . Ice said it was installed in 2006 ,
Dr. Chaffee asked if there were any complaints about the system and has it been tested .
Mrs . Ice stated that this property has come before the board before for issues with the system .
Dr. Scherzo stated that it appeared as if the testing stopped in 2011 . Mrs . Ice stated that there was a 2013 report in the file . But
nothing since then . It was not in compliance at that point .
Mrs . Ice stated that the owner said that there is not enough flow to have it work properly .
Dr . Chaffee asked if the RETI would fail since this system was not functioning properly . Mrs . Ice said that since it is not in compliance
she could fail it at the office level .
Mrs . Graczewski asked if the Board can order that an inspection be done immediately , Mrs . Ice stated yes they could .
Motion : Order the owner to have a Title 5 inspection immediately due to the fact that the system has not functioned properly for
the last several years and no contract has been in place . Failure to comply will trigger the Board to request him to come to a
meeting .
Motion : Annette Graczewski Second : Mary Chaffee Vote : 5 -0-0 Action : Motion carried
6. Erik Christensen — Mobile Food Permit application
Erik Christensen was present . He is planning on working in Town for one day as a mobile food vendor for a gathering in June ,
Motion : Approve the Mobile Food Permit application, pending receiving the fee and any other outstanding issues that were noted in
the review .
Motion : Joe Ford Second : Mary Chaffee Vote : 5 -0-0 Action : Motion carried
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7 . Discuss Planning Board application for 1969 Main Street
Noted .
8. Discuss July meeting dates
The Board agreed to hold one meeting in July on the 191H
Informational items were noted .
Meeting adjourned at 8 : 30PM