Board of Health

Braintree Board of Health Meeting Held Via Zoom Tuesday, March 14, 2023, 7:00 p.m. IN ATTENDANCE: Dr. Arthur Bregoli, Chairman Dr. Philip Nedelman, Vice Chairman Juliana Melchionda, Clerk ALSO PRESENT: Marybeth McGrath, Director of ML & I Note: This meeting was rescheduled from March 9, 2023, due to an error discovered in the public meeting notice. Dr. Bregoli called the meeting to order at 7:00 p.m. by roll call vote: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes Approval of Meeting Minutes: February 16, 2023 Motion By: Dr. Nedelman to approve the minutes of February 16, 2023 Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes New Business: Dr. Bregoli announced there will be a public comment period at the end of the discussion on the Clean Harbors fire. Comments will be limited to 2 minutes per speaker. Request for Variance of Lifeguard Provision, Riverbend Condominium Trust, 399 Pond Street Steve Barrett of Baystate Property Management was present before the Board via Zoom. Ms. McGrath stated this is their annual request for lifeguard variance, which has been before the Board for many years. There is a very low bather activity on the property. This is primarily an adult community. Bather load data has been provided which documents a low bather load. They have proper signage indicating no lifeguard is on duty. She recommended approval of this variance. Motion By: Ms. Melchionda to approve a variance of lifeguard provisions, Riverbend Condominium Trust, 399 Pond Street Second By: Dr. Nedelman Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes Braintree Board of Health, March 14, 2023 Page 2 of 4 Request for Keeping of Chickens Permit, 797 Granite Street Ms. McGrath stated the applicant is requesting a permit to keep six chickens. She visited the site and the proposed coop location is well within the 10 foot requirement from each property line. The coop and run will be enclosed by fencing and buried into the ground to prevent wildlife from entering. The three direct abutters have been notified and she has received acknowledgement that they received the notification. Motion By: Dr. Nedelman to approve the permit for keeping of six chickens, 797 Granite Street Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes Request for Hearing (Housing Code), Emergency Condemnation and Order to Vacate, 218 Grove Street (No heat, no hot water) Dr. Bregoli stated the attorney representing the property owner was unable to attend this meeting so this matter will be continued to the April meeting. Informational: Clean Harbors Fire Incident Update: Dr. Bregoli stated they will be allowing public comment at the end of this update. Comments will be limited to two minutes per speaker and the Board will not entertain discussion. He provided instructions for potential speakers on the commenting process. Ms. McGrath stated she has previously updated the Board on a fire incident that occurred at Clean Harbors on the night of February 16, 2023. On February 22, 2023 Clean Harbors submitted a seven day follow-up report from the incident and a resumption of regular business operations request to the Department of Environmental Protection (DEP). On February 23, 2023 Clean Harbors amended the submittal and submitted a supplement to the seven day follow-up report of the incident and resumption of regular business operations request with additional safety measures to address concerns raised by the Braintree Fire Department. On February 25, 2023 Clean Harbors again submitted a request to the DEP for the resumption of operations. On February 26, 2023 the DEP approved the resumption of a limited operation starting on February 27, 2023. Ms. McGrath then read aloud that document for the Board members. Ms. McGrath stated that on March 1, 2023 Clean Harbors submitted a supplemental seven day follow-up request and resumption of regular operations request to DEP. On March 2, 2023 a letter was sent from Mayor Kokoros to Clean Harbors regarding his opposition to the DEP resumption of regular operations request. Ms. McGrath then read aloud that document for the Board members. Braintree Board of Health, March 14, 2023 Page 3 of 4 Ms. McGrath stated on March 4, 2023 Clean Harbors sent a letter to the Mayor responding to his letter. Ms. McGrath then read aloud that document for the Board members. On March 8, 2023 Clean Harbors submitted a resumption of operations request to the DEP and on March 9, 2023 the DEP approved a resumption of stormwater treatment and discharge systems operation request. Ms. McGrath then read aloud that document for the Board members. Dr. Bregoli opened the meeting for public comment. Elizabeth Maglio, 115 Glenrose Avenue, Braintree, Town Counselor for District 3, addressed the Board. She stated she would like to know what the health experts on the Board have to say about the chemicals breathed in, the soot that is on the ground and surfaces, and the smoke and VOCs that dissipated and could have contaminated their water. She is also curious about the fact that most of the inspections were from third parties. There were samples that were taken perhaps from Clean Harbors and sent over to DEP, she is not clear about that. She asked if the letters read are public information and a matter of public record and can she get a copy of those. She stated she is not sure how many people would be here for public comment because this was not advertised as public comment, it was posted as informational. There was no one else present who wished to make public comment. Dr. Bregoli stated it looks like Weymouth air quality monitoring was done through the Mass DEP and they do not have all the information as of yet. He asked what the next step in the process will be. Ms. McGrath replied she will continue to update the Board as they receive more information about the operation of this property and any information received by the town. Elizabeth Maglio asked a follow-up question. She asked if the letters from Clean Harbors to the Mayor are available on the town website. She asked if the Board of Health will be actively pursuing this or is it wait and see what comes through the transom. Will there be oversite on how the samples were collected and tested. She asked if this is the body to go to for this type of information about health and safety. Ms. McGrath replied this is a public record and the letters should be available. She will be continuing to work with the Mayor, the town, DEP and Clean Harbors to try to get all of this sorted out. Ms. Melchionda asked if the Board of Health members have a role in this situation. Ms. McGrath stated the DEP is the agency that licenses the operation of Clean Harbors. The town is involved and the Mayor is in its operation. She will continue to work with the Mayor to ensure that the conditions that have been requested or the things he is looking for continue to be pursued and hopefully complied with, with the assistance of the DEP. Elizabeth Maglio asked an additional question. She stated one of the concerns raised during the public hearing is the health department is part of the Local Emergency Planning Committee and as a result is responsible for the health and safety and evacuation around the industry and manufacturing that takes place in the town, and the Braintree Board of Health, March 14, 2023 Page 4 of 4 town and health department have some enforcement authority over those kinds of businesses. She stated what would be helpful for the community is if the health department could flex its medical and health related expertise to talk about these issues and to lead the way in keeping these organizations accountable. She asked if the town inspects these businesses. Ms. McGrath stated the health department does not inspect Clean Harbors. The building department would be involved in construction activities and the fire department is involved in that location. Dr. Bregoli asked if any residents called the Board of Health complaining that there were any health issues concerning this event. Ms. McGrath replied the department did not receive any complaints, but the Mayor’s office may have. Next Meeting: April 13, 2023 Motion By: Dr. Nedelman to adjourn the meeting at 8:15 p.m. Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes