WILLIAMSTOWN, Mass. — The Board of Health on Tuesday discussed how to address reports of smoking inside the senior apartments at Proprietor's Field and Highland Woods.

 

Health Inspector Ruth Russell asked the board how she should handle the complaints she has received in light of the fact that the town bylaw against smoking in multifamily housing remains in legal limbo.

 

The town does have a bylaw already on the books about smoking in workplaces, Russell noted, and it is arguable that the age-restricted housing complexes fall under that provision.

 

"I was hesitant to call it a work place," Russell said. "But there are maintenance workers in and out of there constantly, and someone pointed out that home health-care workers are coming in and out doing their job.

 

"I was wondering if I could get your opinion on whether that is the right use of this [workplace] bylaw or not."

 

The question would become moot if the Attorney General's Office signs off on a bylaw passed by May's annual town meeting banning smoking in multifamily dwellings with more than four units. Proprietor's Field and Highland Woods both would fall under the new bylaw if it is approved by the commonwealth, which has asked for more time than customarily is needed for review of town meeting actions.

 

Board of Health Chair Devan Bartels asked Russell to clarify that the complaints she was receiving came from residents and not on-site employees, and Russell said that was the case.

 

"I verbally asked a couple of employees when I was doing my pre-inspections there," Russell said. "The worker or two I talked to said they were bothered by [the smoke], but they're not bringing the complaints."

 

Bartels suggested that Russell contact the employers of workers who are inside the buildings in question on a regular basis to see if they have an issue.

 

"It is a residence, but it is their work place when they're there," said Bartels, a physician. "I'm not a lawyer, but that's my read of the situation."

 

Bartels added that the regulatory path might be through the property manager, in this case Hearthway of Pittsfield.

 

"Until the smoking ban in non-public housing goes into effect, we really can't do much," Bartels said.

 

Russell also updated the board on efforts to resolve the failed well that serves the '6 House Pub on Cold Spring Road (Route 7).

 

The restaurant has been under a boil water order since December 2023. Earlier this year, the board heard that the owner of the restaurant and motel, which has property on the east and west side of the road, had approval to dig a new well on the west side and was looking to pipe water underneath the highway to serve its motel units and restaurant on the east side.

 

"I got an update yesterday [from the Massachusetts Department of Environmental Protection]," Russell said. "The gist is they are no longer digging one singular well across the street [from the restaurant] to serve all facilities. They are going for treatment on all three wells.

 

"If all three well treatments work and get approved, the boil water order will be lifted for the 910 Cold Spring Road property."

 

Russell said there was no indication from DEP why the plan had changed.

 

"I wonder if it's the difficulty of getting under the road," she said. "I don't know how expensive that is. I don't know if it was a financial decision or more research was done. … I hope this at least starts moving. I'd like to see some progress."

 

The good news is that the restaurant continues to operate under the boil water order.

 

"My last inspection, it looked good in there," Russell said. "I came in, and they were boiling in huge vats. All the soda machines were shut down, and they were using bottled soda. It's good to see the consistency. It's got to be difficult and expensive."

 

Russell told the board that the '6 House Pub is receiving more frequent inspections in addition to the twice yearly visits required by state law.

 

In other business on Tuesday, the Board of Health received an update from Wendy McWeeny and Marzio Gusmaroli about planning for a townwide health needs assessment. McWeeny shared the outcome of a meeting with Williams College's chair of public health and coordinator of experiential education about working with college students this spring to see what data already exists and develop a survey for residents about public health needs.

 

The project could be continued over the summer and into the fall as data is collected, analyzed and used to formulate a strategic plan, McWeeny said.