OBSERVER CORPS REPORT 2025
There were two major issues which took up a great deal of time at board meetings this year. One was discussions about water quality management and the other was single-use plastics rules and regulations for food establishments.
There were two major issues which took up a great deal of time at board meetings this year. One was discussions about water quality management and the other was single-use plastics rules and regulations for food establishments.
The Department of Environmental Protection has issued regulations for water quality which must be followed by cities and towns. These regulations concentrate on nitrogen- sensitive areas, but the BOH has discussed the possibility of including all areas to try to eliminate the possibility of currently healthy watersheds becoming compromised. Included in these talks are discussions about sewering and installations of I/A (Innovative/Alternative) systems.
All solutions come with problems, especially financial considerations. Installations of I/A systems are costly, between $15,000 and $40,000 and are the responsibility of the homeowner as the installations are on private property. The cost for sewer installation is partially subsidized with the cost spread out over 30 years.
There are many variables that must be considered. What happens to a home where a system fails? Must an I/A be installed if that neighborhood is going to be in a district that will be sewered? Should I/A systems be required for all new construction even if it will eventually be sewered? Will there be a hardship allowance? If a house is being sold, is it the seller’s responsibility to pay for a new I/A system? This will lower their profit margin, which could cause the price of the house to rise, which affects the buyer. Would affordable houses be exempt? When the writing of the regulations is complete there will be a public hearing.
Comments from the public will be considered which will lead to revisions and at least one more hearing with public comments. The state has also awarded a $416,000 grant to fund a urine diversion pilot program in town. This study will include 25 households in impaired watersheds over the course of two years. These households will be in the area of Waquoit Bay and Great Pond. Rather than urine being flushed down the toilet, it is collected in a tank and then either disposed of or recycled and utilized as fertilizer. Infrastructure to support collection, transport, and recycling of the urine will have to be developed. One board member expressed the opinion that if urine diversion had been considered 20 to 30 years ago, we might not be in this situation now.
The plastic reduction advisory committee has been very active and has succeeded in passing a regulation limiting the use of single-use plastics. Work on the regulation started after a petition to ban single-use plastic in food related service in the town was deemed too strict at town meeting in April of 2023. The article was amended to direct the town to create a committee to draft a regulation. This was quite a complex undertaking because of the multitude of different types of plastic and uses.
There were two public hearings at which several restaurant and market owners voiced concerns. The committee included the owner of Bean and Cod and the owner of Seafood Sam’s who both said that they had initially been opposed to the regulation but have since discovered that it has saved them money. Others expressed concern that local owners of small establishments had more restrictions than the larger chains. They were assured that everyone had to comply with the regulations or apply for a waiver if they found that there was no alternative to a product that they were currently using. The Board additionally discussed the need for flexibility and gradual enforcement, acknowledging the challenges for businesses.
The discussion also touched on the potential benefits of industrial composting facilities for products that cannot be recycled and the importance of public education on composting practices. Two products that will not be allowed under any circumstances are black plastic and polystyrene foam which contain toxic chemicals. There will be no automatic inclusion of utensils with take-out and no packaging of utensils and condiments.
Members of the Southeast Massachusetts Regional Transportation (SMART) Citizens Task Force have appeared before the board many times. They were there to discuss air pollution in Woods Hole, particularly at the Steamship Authority ferry terminal. They presented photos and videos to show that air pollution has not improved since they began advocating for cleaner air two years ago. The two main sources of air pollution come from boats, particularly the M/V Island Home and buses and trucks idling in the ferry terminal.
It was suggested that signage be the first step to stop the idling followed by citations, and that a letter be sent to the MA Department of Environmental Protection and the Environmental Protection Agency regarding air quality in Woods Hole and the Steamship Authority. The police offered officers to monitor the idling in the summer, but the SMART group also feels it is necessary in the winter as idling times tend to be longer.
In April the Express Mart came before the board for a second violation within 36 months for selling flavored tobacco products. This could have been an inadvertent error made from relying on letters from manufacturers and distributors stating that the product was not flavored. However, this is not always the case.
After much discussion, it was strongly recommended that, when a new product arrives at the store, the manager should perform due diligence and open the package and smell it to be certain whether it is legal or not. If there is any question, the inspector should be contacted for a determination. In other tobacco news, the Falmouth Smoke Shop was called for a hearing on a second violation within 36 months. No one was present to speak on their behalf. The board voted for a seven-day closure and a $2,000 fine.
An unusual issue involving housing has come before the board. A couple who spends half the year in Florida and half in Falmouth have rented their house year-round to a couple with children so that they can live in Falmouth and have their children attend school here. Meanwhile, when they are here, they are living in an RV on the same property. The property is zoned for a single home. The owners want to live in the RV for six months. In usual circumstances, the owners would live in the main house and the renters live in the accessory unit. The question is, can the RV be considered an Accessory Dwelling Unit (ADU)? They would have to apply for a variance which can only be approved for 90 days. In this case, the applicant has caused the need for a variance. Usually, variances are not granted when the applicant has created the cause. The RV has had some code violations which need to be addressed. The board suggested that the applicants need to approach the Zoning Board of Appeals for an immediate decision, as this situation has been going on for a while.
The Health Department is actively pursuing adherence to rental registration regulations. There has been a double to triple increase in registrations. A short-term rental committee will be formed.
An issue that the board is thinking of discussing at future meetings is whether to consider climate change when considering the granting of variances on the placement of septic systems.
One important issue that often comes up when the board is discussing whether or not to grant a variance is whether it will set a precedent and what that will mean for future decisions.
—Respectfully Submitted
Stephanie Miele
