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HomeMy WebLinkAbout2017-5-25Minutes for May 25, 2017, adopted June 22 T! • T T !l T" T TT ♦ T rT7 T T Thursday, May 25, 2017 4 Fairgrounds Road, Community Room — 4:00 pm Called to order at 4:00 p.m. r Staff in attendance: A. Crowley, Assistant Health Director; K. LaFavre, Health Inspector; H. Ross, Restaurant Inspector; A. Barrett, Administrative Specialist; T. Norton, Town Minutes Taker Attending Members: Malcolm MacNab, MD, PHD; Stephen Visco; James Cooper; Helene Weld, RN; Jim Kelly, Board of Selectmen (BOS) Absent Members: None A enda adol2ted as amended bLT unanimous consent LANNOUNCEMENTS • 1. Philip luliano, 34 Wigwam Road — Concerned about 36 Wigwam Road, their proposed septic is in proxirrut,, to his well at the front of his property. If they put their septic at the front of their property, with the two across the street, that put three septics in the area of his well. Crowley — The septic permit has been issued but Mr. Iuliano is within his 30 -day appeal period. MacNab — This will be addressed at the next meeting. If Mr. Iuliano and Paul Santos, the representative for 36 Wigwam Road agree to something, he does not have to appear for an appeal • , • _ • APPROVAL OF 1. April 20, 2017 — Adopted as amended by unanimously consent. Rob McNeil, DPW Director. Reviewed what he has been doing since taking over the position and goals for the department for the coming year. Weld — Mosquito control is down one member and needs a president, her plan was to contact Mr. McNeil. MacNab — About the time he arrived, BOH asked the DPW to contact the state about a landfill inspection in regards to pollution. McNeil — He has been working on the relationship with Waste Options. In conjunction with the Department of Health Director and Natural Resources Director, he has been collecting data and hopes, by the end of FY2017, to provide a report to this board and the BOS. DPW and Waste Options are taking steps to ensure the landfill is in compliance with state regulations. Visco — A concern of the BOH is the scope of work that needs to be done; he wants the BOH members involved in the proceedings. McNeil — Currently the landfill is required to monitor ground water, surface water and gas from the facility. There is a monitoring consultant in place and inspections and sampling take place quarterly; those reports are available on the solid waste portion of the DPW website. Kelly — Pointed out that Town Meeting appropriated $200,000 to study the impact on Long Pond and Madaket; the Request for Proposal has not yet been developed. MacNab — Asked that Mr. McNeil include Mr. Visco in all those discussion. Motion that Mr. Visco be the representative BOH in the deliberations and development of the proposal on the impact of the landfill on Madaket and Long Pond. (made by Kelly) (seconded by Cooper) Carried unanimously Page 1of5 Page 2 of 5 Minutes for May 25, 2017, adopted June 22 BOH APPLICATIONS 1. loan Request: 8 Maine Avenue (60.3.1 -422 & 435). Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion (4:24) Crowley — Small lot across Millie's Bridge in the Tight Tank area. Recommend approval. Action Motion to Approve. (made by: Visco) (seconded by: Cooper) Vote Carried unanimously 2. Loan Request: 5 Somerset Road (56 -16). Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion (4:25) Crowley — To change from septic to sewer. Recommend approval. Action Motion to Approve. (made by: Weld) (seconded by: Cooper) Vote Carried unanimously 3. Administrative Consent Order (ACO) Request: 42 Arkansas Avenue (59.4 -149). Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion (4:26) Crowley — Compliance repairs for technical failure of a septic. Recommend approval. Action Motion to Approve the ACO request. (made by: Visco) (seconded by: Cooper) Vote Carried unanimously 4. ACO Request: 33 South Cambridge Street (59.3 -33). Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion (4:26) Crowley — Compliance repairs for technical failure of a septic. Recommend approval- Action Motion to Approve the ACO request. (made by: Weld) (seconded by: Cooper) Vote 5. AGO Request: Carried unanimously 34 Arkansas Averitte (59.4 14-5� 6. Variance request: 8 Pinkham Circle (56 -164) from 64.04B1 — conventional system rather than I /A. Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion (4:27) Crowley — This was before the board asking for a 4- bedroom septic system and were required to put in an I/A for bedroom credit. Now are asking for a conventional where sewer will be available within the year. Recommend approval provided; if they installed in I /A, they would have ten years to comply. Action Motion to Approve the variance request. (made by: Visco) (seconded by: Cooper) Vote Carried unanimously 7. Variance request: 77 Squam (13 -10) from section 52.02A BOH regulation — maximum feasible compliance. Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion (4:28) Art Gasbarro, Nantucket Engineering & Survey — Asking for relief for to allow an I/A system within 100 feet of a wetland resource area; there is no alternative location. The system includes a Septi-tech processor. Asking for 5 -foot separation from the wetland. Action Motion to Approve. (made by: Visco) (seconded by: Weld) Vote Carried unanimously Page 2 of 5 Minutes for May 25, 2017, adopted June 22 8. Variance request: 11 Village Way from Title 5 CMR 15:211 — minimum setbacks, 64.04A & 52.02A leach field placement. Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion (4:31) Dan Malloy, Site Design Engineering — Asking for waivers for separation from wells and setback to the harbor for an upgraded system for a 3- bedroom house. Will be as far down gradient as possible from sensitive areas. Asking for a waiver to the 10 -foot setback from the rear property line. MacNab — He doesn't see a health or technical need for the tank setback variance but can agree with the leach field comment. Consensus agrees Action Motion to Approve Part 1 for the leach field but not Part 2 for the tank setback. (made bv: Cooper) (seconded by: Visco) Vote Carried unanimously 9. Variance request: 11 Bayberry Lane (67 -63) from section 64.04B — nitrogen loading. Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion (4:34) Dan Malloy, Site Design Engineering — Looking to move forward with construction the sewer is anticipated to be available in one year. Action Motion to Approve. (made by: Visco) (seconded by: Cooper) Vote Carried unanimously 10. Variance request: Nantucket Prime from the plumbing code Occupancy Load 51 -99 per section 14.05 — number of fixtures. 11. Variance request: Station 21 from the plumbing code Occupancy Load 51 -99 per section 14.05 — number of fixtures. 12. Variance request: Lola 41 from the plumbing code Occupancy Load 51 -99 per section 14.05 — number of fixtures. 13. Variance request: The Boarding House from the plumbing code Occupancy Load 51 -99 per section 14.05 — number of fixtures. 14. Variance request: The Pearl from the plumbing code Occupancy Load 100 -149 per section 14.05 — number of fixtures. 15. Variance request: Cru from the plumbing code Occupancy Load 100 -149 per section 14.05 — number of fixtures. Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion (4:36) Steve Butler, Building Commissioner — He has had trouble finding an establish procedure, but BOH seems to be the first step in increasing occupancy load; the true variance has to come from the State plumbing board. In conversations with the police and fire, he became aware of overcrowding in restaurants. He asked restaurants for seating plans which indicated they are above their legal occupancy levels; one part is compliance with the Plumbing Code and having adequate bathroom facilities. The variance would come from the State Plumbing and Pipe Fitters Board. He is asking the board to wrote a recommendation supporting the increase of the Occupancy Load and establish a procedure for these variances; there will be a number of them and they are complicated. Kevin Dale, Vaughn, Dale, Hunter and Beaudette P.C., for Cru, Station 21 & Lola 41 — In general everyone want safe occupancy levels in restaurants; that's a public safety concern. All these restaurants requesting the variances are in historical buildings in the downtown core district and constrained by space and by HDC regulations. S BOH regulations enacted in 1982 stated that two bathrooms allowed an occupancy of up to 99 and three bathrooms limited occupancy to 140. There's a legal distinction between occupancy and seating; seating is important in zoning; after rezoning, is no longer constrained by off -street parking. Occupancy Load is not just the Plumbing Code but include other sections of the building code; 780 CMR 104 -1.1, which bases occupancy on Page 3 of 5 Minutes for May 25, 2017, adopted June 22 square footage for restaurants without night clubs. Based on square footage, the BOH can issue a waiver relieving the restaurants from putting in additional bathrooms and recommend to the state plumbing board to grant that variance. The building commissioner has the authority to provide exceptions based upon BOH recommendations. Butler — His role is to ensure the building is safe: egress, width, lighting, etc. The bathroom issue is part of it. The issue arises when a restaurant has only two bathrooms and has an approved Occupancy Load of 51 but now they want to go to 99. MacNab — All of these places are sewered; to him it would be more important to be able to get out in an emergency; he doesn't see a public health issue here. Cooper — The Plumbing Code says that a permit for 150 people requires a specific number of fixtures. Dale — Station 21 was renovated in 2015 and has an Occupancy Load of 85 with two unisex bathrooms; under the code, occupancy should be 60. The BOH should not be in the business of controlling occupancy. Occupancy should be based upon safety issues. Sarah Alger, for The Boarding House and The Pearl — The last time these two had work done was in 1999 with no change in occupancy. At some point, seating turned into occupancy; seating doesn't take into account employees and people waiting to be seated. In 2016, an inspection found "too many occupants." A seating plan with occupancy numbers was submitted; suddenly they didn't meet the plumbing code because "occupancy" decreased. Asked the variance be issued. Kelly — He is trying to understand the BOH part in this. Wondered if a moratorium on this could be put in place; a solution is necessary to allow the restaurants to operate. through this season. He doesn't know if the BOH can take action on this. Weld — She agrees with Mr. Kelly. This board doesn't have enough informati on or education to make a decision on this today. MacNab — We need to find a resolution soon; if we must, we could have a special meeting to address this rather than waiting a full month. Marianne Hanley, Reade, Gullicksen, Hanley, & Gifford LLP, for Nantucket Prime and The Proprietors — Their issue is that though they have sufficient bathrooms, they have been determined to be are "inadequate" due to the locations of the bathrooms. Dale — Suggested enforcing the 1982 BOH regulation for the time being and have the restaurants get variances from the state. He feels the state authorities will listen to this board's positive recommendation. Butler — They have existing numbers and now they want to increase those occupancy numbers. No one has kept track of the actual operating numbers and he has a number that he is legally bound by. Discussion about how the BOH might move forward an allow the restaurants to operate while not threatening public safety. Butler — Occupancy is the total number of people in the building; he has tried to differentiate between occupancy and actual seats. He has maintained the status quo but not they are asking for greater seating. MacNab — The board can't give a variance; that must come from the state. He has no concerns about enforcing with Local Regulation 14.04 & 14.05 as long as all other safety issues are addressed. Dale — He's asking for his clients that BOH recommend to the board of plumbing and fitters to grant the variance; this would be for existing restaurants in historic building in the core district. Discussion about whether or not to restrict the recommendation to existing restaurants in historic building in the core district and whether or not to get legal counsel. Alger — She's concerned what will happen this weekend and waiting a week could create issues. The number of bathrooms in a restaurant isn't a life and death situation. MacNab — Suggested granting the variance until after Labor Day weekend. In the meantime we have a workgroup to work on. Page 4 of 5 Minutes for May 25, 2017, adopted June 22 Larry Whelden — There are 90 food service companies on Nantucket struggling with the same issue; the variance should be issued for all. He feels that bringing this up now implies that they have been operating unsafely for 45 years. Dale — To include all restaurants, the motion would say the Variance requires all restaurants to comply with 14.04 Action Motion to Grant the variance to apply occupancy limits based upon Nantucket BOH Regulation 14.04 until the day after Labor Day 2017 for Cru, Station 21, Lola 41, Nantucket Prime, The Boarding House, and The Pearl restaurants providing that they maintain all safety requirements and the Department of Health Office may grant additional variances. (made by: Kelly) (seconded by: Weld) Vote Carried unanimously 1301A BUSINESS 1. Director's Report a. He wants to reconfirm that this board wants to hear variance requests for bedroom credits in the Harbor and Watershed Districts and that the board has no issues with the staff approving bedroom credits outside those areas. Motion to have bedroom credits to come to the board from those applicants within the Harbor and Watershed Districts and the staff can issue credits to those outside the areas. (made by: Weld (seconded by: Visco) Carried unanimously b. With I/A septics, the required maintenance contract requires effluent testing. Some of the systems, if the field test is passed, don't have to have an effluent test. That's 326 systems for which we might not have the effluent data. MacNab — Suggested amending the regulation requiring the effluent test and have a public hearing. We need that effluent data. 2. Weld — Cormac Collier, Nantucket Land Council, asked the board to have a discussion on herbicides and pesticides; that should be include on the next agenda ADJOURN Adjourned by unanimous consent at 5:45 p.m. Submitted by: Terry L. Norton Page 5 of 5