HomeMy WebLinkAbout2017-5-25Minutes for May 25, 2017, adopted June 22
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Thursday, May 25, 2017
4 Fairgrounds Road, Community Room — 4:00 pm
Called to order at 4:00 p.m.
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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
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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
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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
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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
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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
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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.
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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
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