Board of Health

Braintree Board of Health Meeting Held Via Zoom Thursday, January 12, 2023, 7:00 p.m. IN ATTENDANCE: Dr. Arthur Bregoli, Chairman Dr. Philip Nedelman, Vice Chairman NOT PRESENT: Juliana Melchionda, Clerk ALSO PRESENT: Marybeth McGrath, Director of ML & I Dr. Bregoli called the meeting to order at 7:00 p.m. by roll call vote: Dr. Bregoli-yes; Dr. Nedelman-yes Approval of Meeting Minutes: November 17, 2022 Motion By: Dr. Nedelman to approve the minutes of November 17, 2022 Second By: Dr. Bregoli Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes Old Business: Review Final Draft Amendment/Update to Existing Restricting the Sale of Tobacco Products Regulation Ms. McGrath stated the Board reviewed the existing regulation in September to align it with state regulations as well as unique situations they have encountered in Braintree. The Board endorsed the update and asked that it be sent to the town solicitor, Nicole Taub, for review. Ms. Taub reviewed it and made wording changes to make it very clear that no one under the age of 21 may purchase tobacco products. Ms. Taub also outlined a process to follow if a vendor wanted to request an inspection. Ms. McGrath stated since the state regulation imposes the fine schedule, she could go ahead and impose a fine if there is a violation without bringing it before the Board for a vote. To keep the process clean she would like to continue the current process of having the Board hold a hearing to review the fine and suspension. Board members were in agreement to keep the current process. Ms. McGrath stated if the Board approves the draft at this meeting she will go ahead and make the changes and send the new proposed draft regulations to all the tobacco vendors with a cover sheet outlining the highlights, including the fines. Dr. Nedelman recommended having some type of proof that the vendors received the regulations. Braintree Board of Health, January 12, 2023 Page 2 of 4 Dr. Bregoli asked if putting this into effect in February allows enough time for everyone to review and understand the regulation. Ms. McGrath stated the biggest change is the fines, and they have already been in effect and the vendors are aware of them and have received education from Kathleen Mahoney. Motion By: Dr. Nedelman to approve endorsement of the final draft amendment/update to existing Restricting the Sale of Tobacco Products Regulation Second By: Dr. Bregoli Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes New Business: Request for Lifeguard Variance: Hyatt Place-Braintree, 50 Forbes Road Ms. McGrath stated at one time when this hotel was a Sheraton it had both an indoor and outdoor pool and had lifeguards in place because they had a health club. The health club closed but still they still had lifeguards and the Board approved a variance to lifeguard regulations to have a pool therapist. The pool then closed between 2018 and 2019. The Hyatt has now refurbished the indoor pool and would like to offer it for hotel guests only and are requesting a variance to the lifeguard provision. The problem is that they do not have any bather data because the pool has been closed. She recommended if the Board approves the variance that they make it conditional for six months, with the applicant coming back before the Board with the data collected, at which time consideration for a full variance can be made based on the bather data provided. Motion By: Dr. Nedelman to approve the variance to lifeguard provision conditional for six months pending bathing load data. Second By: Dr. Bregoli Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes Request for Variance of Well Regulation (Roadway/Side Property Line Setback) a. 40 Jensen Farm Road (roadway and property line) b. 70 Jensen Farm Road (roadway) c. 60 Jensen Farm Road (roadway and property line) Ms. McGrath stated the owner of 40 Jensen Farm Road would like to install a well. The location meets all setbacks except for the distance from the roadway and side property line. She stated she has been on site and sees no problem with the proposed well location. All direct abutters have been notified and she had not heard any objections. Braintree Board of Health, January 12, 2023 Page 3 of 4 Motion By: Dr. Nedelman to approve variance of well regulation for 40 Jensen Farm Road, roadway and side property line setback. Second By: Dr. Bregoli Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes Ms. McGrath stated the owner of 70 Jensen Farm Road would like to install a well. There is a fenced retention pond on the property. The location of the proposed well meets all setbacks except for distance from the roadway. There is a drainage easement line and the well location meets the required setback. It will be up to the driller whether they can get their equipment over the drainage easement without causing damage. There is an alternate well location proposed in the front yard with only a 36 foot setback to the roadway. If the Board approves this variance it would apply no matter which well location they ultimately select. Motion By: Dr. Nedelman to approve variance of well regulation for 70 Jensen Farm Road, roadway setback. Second By: Dr. Bregoli Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes Ms. McGrath stated the owner of 60 Jensen Farm Road would like to install a well. There is wetlands going through the property so the well would have to be outside the 100 foot buffer for the wetland. Ms. McGrath visited the site with the conservation agent to determine several locations that would not impact the wetlands. Location one does not meet the side property line setback and location two does not meet the side property or distance from roadway setback. Motion By: Dr. Nedelman to approve variance of well regulation for 60 Jensen Farm Road, roadway and side property line setback. Second By: Dr. Bregoli Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes Informational: Board members reviewed the proposed meeting dates for 2023. Ms. McGrath stated this is a draft meeting calendar. Both she and Dr. Bregoli have a conflict on March 16 and asked if this meeting could be changed to March 9. Board members were in agreement to this change. She stated Dr. Bregoli has a conflict on September 14 and asked if the meeting could be changed to September 21. Board members were in agreement. Braintree Board of Health, January 12, 2023 Page 4 of 4 Ms. McGrath stated she will contact Ms. Melchionda and make her aware of these calendar changes. Ms. McGrath stated the public health nurse continues to send updates to the Board. They are seeing increases of COVID, influenza and RSV. RSV cases are affecting both children and adults. Dr. Nedelman asked if Ms. McGrath’s department was up to full staff. She stated they are fully staffed on the health side, but not the building side, although they do need a clerk and she is working on that. Dr. Nedelman asked if there has been resolution of the rodent problem which was previously brought before the Board, at 309 Washington Street. Ms. McGrath stated this is an ongoing situation, however, the property owner has engaged with a pest control company. Next Meeting: February 16, 2023 Motion By: Dr. Nedelman to adjourn the meeting at 7:27 p.m. Second By: Dr. Bregoli Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes