OBSERVER CORPS REPORT JUNE 2022
The Board of Health resumed meeting in person in June, 2021 after many months of meeting on Zoom during the pandemic.
There were several issues before the Board warranting extended discussions. One of these was the need for stronger stable regulations. This was prompted by multi-year, on-and -off again compliance issues with Smithfield Farm on Sandwich Road in East Falmouth. The Board felt that without strong regulations to back it, issues with stables like Smithfield Farms will persist. The current regulation calls only for a five-dollar per day fine for noncompliance with the health code and lacks details on requirements to get a stable permit and a site management plan. The jurisdiction of the Health Department is the stables, including the barn and paddock. The welfare of the animals is in the hands of the MSPCA. The Board is working with the chair of the Agricultural Commission on clarifying the regulations.
In November, the Board discussed the possibility of instituting poultry regulations after receiving several complaints by people about the noise and odor of chickens being raised by their neighbors. The Board ultimately decided that a discussion with the agricultural commission and proper education of people keeping chickens might be a better use of the Board’s time. Health agent Scott McGann suggested that nuisance complaints can now be filed with the Health Department if a neighbor chooses to pursue a complaint. The agricultural commission also informed the Board that the commission can provide mediation between neighbors in instances where nuisance or other regulations do not fit.
The Board upheld a cease and desist order for the operation of a semi-public swimming pool on Redlands Road. It seems that during the permitting process there was some miscommunication about the size of the pool. During the process there was no mention of a commercial use on the property and when it came to light that classes were being held, the owner was directed to close the operation.
The AutoCamp at 836 Palmer Ave. has been before the Board to explain several months of operating out of compliance of the conditions of the original approval to install an alternative septic system and to determine whether their permit should be suspended or revoked. One of the most egregious errors they made was to not inform the Board when the system failed. Residents of Saconesset Hills were present at some of the meetings. They ultimately expressed their approval of the depth to which the Board of Health probed the AutoCamp for answers and solutions to the problem of environmental issues and unpleasant odors. It is possible that there was a problem with the installation of the system. The AutoCamp was fined $10,000.
There have also been several private residences that have been determined to be out of compliance with their I/A systems in not meeting standards of operation and maintenance. Therefore, they are subject to the fine of $100.00 per day until they can prove to the Board that they are in compliance through submitting test results showing proper percentages of nitrogen.
The Board has been working with the Solid Waste Advisory Committee on issues concerning the collection and disposal of solid waste, recyclable materials, and compost. An article brought forward at town meeting on April 5 allowed the board of health to make rules and regulations regarding these issues. The Board would have to host a public hearing before changing any regulations. According to the warrant, the article will allow the town to implement new composting and recycling programs and enforce existing rules.
The Falmouth Smoke Shop was cited for a second violation for selling flavored products after the Health Department received two complaints regarding menthol. They were fined and given a seven-day suspension. The Board strongly suggested that if there is a question as to whether or not a product is flavored, to remove it from the shelf until the question is clarified.
Health agent Scott McGann updates the Board at each meeting on the status of COVID-19 as it continues to change.
The Board is always professional, patient, and courteous to members of the community who appear before it. It works in compliance with the Open Meeting Law. The members of the Board work well together and discussions are always thorough.
Stephanie Miele, League Observer
Stephanie Miele, LWVF Observer
