60-Day Deadline Imposed for Marshall Street Septic Compliance Following Multi-Year Delay

Key Points

  • Board mandates property owners at 160 Marshall Street submit a septic application within 60 days following a two-year failure to comply with Title 5 regulations
  • Regional health profile identifies unexpected 5% uninsured rate among Duxbury youth despite town affluence
  • South Shore cancer data shows Duxbury has elevated rates of skin and breast cancer compared to state averages
  • Board identifies Canadian geese on school athletic fields as a high-risk factor for avian influenza transmission to students
  • Health Agent warns that a failed budget override could lead to the elimination of essential administrative staff in the Health Department
  • Epidemiological data shows a significant seasonal spike in Norovirus and Flu A cases during the winter months

The Duxbury Board of Health took decisive action Tuesday night to resolve a long-standing Title 5 violation at 160 Marshall Street. The property, which failed inspection over two years ago due to the presence of cesspools in groundwater, has remained in a state of non-compliance despite previous board orders. The Board Chair noted that while state law typically allows two years for such repairs, the board had previously attempted to expedite the process due to health concerns. What we would like to do this evening is come to a resolution around how this will get remedied and set a time frame, the Chair stated, emphasizing the need for finality. An attorney representing neighboring families urged the board to use its full enforcement power, noting, The only thing that these folks seem to listen to is when the town actually exercises stern enforcement mechanisms against them.

Following the public comment, the board moved to set a strict new timeline for the property owners. Motion Made by the Board Chair to vacate its previous order dated February 16, 2023, as a timeline set up therein have already expired and therefore it is currently moot and further move the board pursuant to 310 CMR 15.026 paragraph 1 to order the owners of the property located at 160 Marshall Street to comply with the provisions of 310 CMR 15.305 paragraph 1 as the two years set out therein have expired by providing the board with a complete application for a septic system in 60 days and to complete installation of said system within an additional 60 days after approval of their application. Motion Passed 4-0

The board also reviewed a comprehensive 75-page Duxbury Health Profile presented by regional epidemiologist Devin Donovan. The data highlighted Duxbury's high life expectancy and low rates of smoking and obesity, but also revealed surprising trends, including a 5% rate of uninsured youth. Member Michael expressed concern over this figure, remarking, I'm surprised that it's an uninsured rate in an affluent area. Discussion also turned to elevated cancer rates on the South Shore. Member Bruce questioned the significance of the data, noting, It looked like, you know, a lot of our rates were within the 95% confidence interval, but I don't know what that means from Devon's perspective. Donovan explained that while Duxbury shows higher incidences of skin and breast cancer, these trends are seen across the region. In summer as well, we see a lot of food born illnesses with barbecue, grilling, swimming, a lot of transmission, Donovan added, noting the seasonality of local health data.

Shifting to immediate health threats, the board discussed the risks posed by H5N1 avian influenza, particularly concerning the large population of Canadian geese on school athletic fields. Member Melissa raised alarms about potential contact between students and bird waste, stating, Any fecal material that's left on the fields could be problematic for contact. Health Agent Tracy provided additional disease statistics, noting that "Flu A" is currently the most prevalent illness in town. She concluded the meeting with a plea to residents regarding the upcoming town meeting and a proposed budget override that threatens department staffing. One concern that we definitely have is that Danielle's job... is one of the jobs proposed for layoff, Tracy said, urging the board and public to participate in the March 8th vote. The meeting was adjourned at 0:33:14.