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HomeMy WebLinkAbout2017-6-22Minutes for June 22, 2017, adopted July 27 BOARD OF HEALTH Meeting Town of Nantucket 3 East Chestnut Street Nantucket, Massachusetts 02554 UV 2017 AUG - I ph 1: 12 -%�' www nantucket- ma.gov Commissioners: Malcolm MacNab, MD, PHD (chair), Stephen Visco (Vice chair) , James Cooper, Helene Weld, RN, Jim Kelly Staff: Roberto Santamaria, Artell Crowley, Kathy LaFavre, Anne Barrett, Hank Ross -- -- MINUTES -- Thursday, June 22, 2017 4 Fairgrounds Road, Community Room — 4:00 pm Called to order at 4:03 p.m. Staff in attendance: R. Santamaria, Health Director; A. Crowley, Assistant Health Director; H. Ross, Seasonal Inspector; T. Norton, Town Minutes Taker Attending Members: Malcolm MacNab, MD, PHD; Stephen Visco; James Cooper; Helene Weld, RN; Jim Kelly, Board of Selectmen Al,sent Members: None unanimous consent II. PUBLIC COMMENTS - ANY MEMBER OF THE PUBLIC MAY ADDRESS COMMISSIONERS AT THIS TIME t. None III. APPROVAL OF MINUTES 1. May 25, 2017: Motion to Approve. (made by: Visco) (seconded by: Cooper) Carried unanimously 1. Held for July BOH meeting. Santamaria — This should be tabled; he has not be able to meet with the Department of Public Works Director. Currently they are looking into the scope of work and going to get an outside 3' -party review to ensure the scope of work is unbiased. Asked this to be table for the next BOH meeting when there will be a written update. Release Administrative Consent Order (ACO) & return all committed funds ($413.30 per Assessors 5/25/17) — 4 Swayzes Drive (M /P 66 -164) Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — The owner wants to cancel the ACO and Action Motion to Approve the release of the ACO. (made by: Weld) (seconded by: Cooper) Vote Carried unanimously 2. Loan Request for O'Mara NHWS A upgrade to I/A 240 Polpis Road (NI /P 26 -23) Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — This is to request the bulkhead. Action Motion to Approve. (made by: Visco) (seconded by: Cooper) N ote Carried unanimously Page 1 of 7 Minutes for June 22, 2017, adopted July 27 3. Variance request: repair of hydraulic failure Madaket Harbor Water Shed A — 11 E Street (NI /P 60.2.1 -4) Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion Don Bracken, Bracken Engineering, Inc. — Upgrade for two 2- bedroom houses; system had a technical failure. Also requesting for variances from the pertinent setback regulations. Going to an I/A system. Santamaria — This is a good request Action Motion to Approve the variance. (made by: Weld) (seconded by: Cooper) Vote Carried unanimously 4. Variance Request BOH Regulation 90.01 — 6 Cathcart Road (NI /P 54 -9) Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — Request to retain a 4- bedrom conventional septic even though there will be a 6- bedroom permit. Sewer should be there within a year. Jeff Blackwell, Blackwell & Assoc. — Owner has applied for HDC permit and want to avoid expense for a permit for a system that will never get installed before sewer arrives. Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP — Have a proposed covenant requiring the owner to connect to sewer or won't get a Certificate of Occupancy. Crowley — Part of the issue is tracking the system; it's in the way fo the system. He'd like to see it Action abandoned and inspected before signing off on the building permit. Motion to Approve the variance contingent upon the applicant obtaining a septic abandonment permit from the Health Department and that the septic system to be abandoned and the site inspected by the Health Department prior to the approval of the Building application and that the covenant be signed and recorded on the registry of deed. (made by: Cooper) (seconded by: Visco) Vote Carried unanimously 5. Variance Request from 64.03 B — 23 Wauwinet Road (NI /P 20 -36) Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion Don Bracken, Bracken Engineering, Inc. — Nantucket Island School of Design and the Arts property had permit to install a septic system in 2001 with a 1,980 gallon per day(GPD) flow. With the installation of an I/A system, had look to closely at the numbers to design it correctly; came up with a flow of 830 GPD. The current system is in technical failure because of 4.7 feet of separation to ground water. Explained the advantages to the design of this system. Feels the same environmental protection will be achieved with this system as with others with the full 5 feet of separation. Santamaria — A variance was granted for 4.9 feet of separation. Crowley — They already have a 1 -foot reduction to ground water through the I /A; feels a further reduction isn't warranted and will compromise the regulations. Nantucket Harbor Watershed A is across from Polpis Harbor. Action MacNab — Polpis Harbor is our most polluted harbor. Would like to see another alternative. Motion to Deny the variance request per staff recommendation. (made by: Kelly) (seconded by: Visco) Vote Carried unanimously Page 2 of 7 situation. Crowley — He disagrees because our local regulations work in conjunction with Title 5; they don't work separately. MacNab — They can't put an I/A system in this location. Santamaria — The local regulation is stricture than the state regulation, which is allowable. Local def includes an increase in enclosed square footage as new construction. Cormae Collier, Executive Director Nantucket Land Council — He wants to ensure the local definition of new construction is considered. He also wants to ensure that what they are doing won't impact the requirement for I/A systems in the Harbor Watershed District. Action Motion to Approve. (made by: Visco) (seconded by: Weld) Vote Carried unanimously Page 3 of 7 Minutes for June 22, 2017, adopted July 27 6. Variance Request 64.04 B — 27 North Pasture Lane (M /P 44 -76) Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Discussion Supporting documents and plans, staff recommendations. Santamaria — Recommending denial due to this location in the harbor watershed. The 3/11/2016 inspection failed. Don Bracken, Bracken Engineering, Inc. — Designed a new I/A system to address the failure. Now asking for the variance to allow a 5'' bedroom because of the open space set aside in the development. Water flow is from the open space onto the lot. Cooper — Asked if the open space is dedicated to nitrogen loading. Bracken — Yes. Kelly — The owner purchased this property knowing the system was approved for 4 bedrooms. MacNab — Agrees with Mr. Kelly. Action Motion to Deny the variance. (made by: Cooper) (seconded by: Visco) Vote Carried unanimously 7. fight Tank Request for — 135 Wauwinet Road (M /P 11 -12) Siting MacNab, Visco, Cooper, Weld, Kelly Documentation Discussion Supporting documents and plans, staff recommendations. Art Gasbarro, Nantucket Engineering & Survey — Asking for a tight tank to replace a failed system. He explored the option of an I/A system, which would require an extensive mound within 50 feet of a barrier beach and within land subject to coastal storm flowage; ConCom won't allow a mounded system in that location. The tight tank is appropriate to meet maximum compliance. Currently it is a 4- bedroom house and the proposed house is still a 4- bedroom house. Presented the floor plans at the table. Kelly — Members have received a lot of information today and it was difficult to absorb it before and at the meeting. Gasbarro — Reviewed the floor plan and explained the increase of interior space and reduction of porches. Cooper — Regulation 50 states no new construction allows a Tight tank; feels renovation of this house constitutes new construction. Crowley — They can have up to 9 total rooms under the local regulations. Visco — Can stipulate no change to the presented floor plan. Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP — We are only applying to the permit in regards to the state regulation Title 5; there is nothing in local regulations in regards to tight tanks. The state regulation definition of new construction is a new building for which on Occupancy Permit is required or increase in design flow. Feel the local definition is not applicable in this situation. Crowley — He disagrees because our local regulations work in conjunction with Title 5; they don't work separately. MacNab — They can't put an I/A system in this location. Santamaria — The local regulation is stricture than the state regulation, which is allowable. Local def includes an increase in enclosed square footage as new construction. Cormae Collier, Executive Director Nantucket Land Council — He wants to ensure the local definition of new construction is considered. He also wants to ensure that what they are doing won't impact the requirement for I/A systems in the Harbor Watershed District. Action Motion to Approve. (made by: Visco) (seconded by: Weld) Vote Carried unanimously Page 3 of 7 Page 4of7 Minutes for June 22, 2017, adopted July 27 8. Philip Iuliano well/septic appeal — 36 Wigwam Road (M /P 77 -8.4) Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — This is the second time someone didn't wait for a 30 -day review period. Philip Iuliano, owner — Requesting a change in where the 36 Wigwam Road proposed system is placed. The new regulations about testing water wells are now in effect. The system at 35 \Xi'ig,,-am Road flows towards his well and within his area possibly contaminating his well. There are two others whose flow won't impact his well. The proposed well is within 120 feet of his well; though it is outside the 100 foot setback, he asks that it be moved toward the lot line increasing the distance 45 more feet. The holding tank for the fifth house is just outside their back door in the middle of the lot at elevation 35 feet with the septic a elevation 38 and runs west to east; he's concerned effluent will hit closer to his well. Asked that the board not approve the system for next door and they be required to move it either further west or further down onto the lot. Reiterated that he is concerned about the potential impact on his well. MacNab — It does fit all the laws and Mr. luliano's hazard is theoretical. Santamaria — This system has lower nitro lowing and more effluent treatment. There is no groundwater at 144 feet; there is no well at that level. Don't see the need for a redesign. Moving it would create only a fraction of an improvement Action Motion to Deny the appeal. (made by: Weld) (seconded by: Visco) Vote Carried unanimously 9. Review of restaurant plumbing waivers Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Draft letter for State Board of Examiners of Plumbers and Gasfitters. Discussion MacNab — It's his understanding that this is a state regulation and BOH can't grant a variance; however, we can write a letter of support. Santamaria — Read the draft letter. Kelly — He would feel more comfortable with Town Counsel review of the draft letter(s). Santamaria — Town Counsel is reviewing what BOH is doing in this regard; he is waiting on that review. Kevin Dale, Vaughn, Dale, Hunter and Beaudette P.C., for Lola 41 and Station 21 — First it was made clear to him at the Tuesday Municipal Meeting and the Mav 25 BOH meeting that the BOH would recommend the variance; asked the letter be revised to state that the BOH recommends that the restaurants that the restaurants that applied for the recommendation be issued be issued a variance for the Occupancy Load that the restaurant can justify. Second, he feels that the Occupancy Load should be stated in the letter and sent with occupancy- load plans showing the occupancy load to be 99 persons. Sarah Alger, - Echoes Mr. Dale. Weld — Wants Town Counsel to okay that change in the letter. Kelly — He is very concerned about including the occupancy number in the letter. Santamaria — We don't have jurisdiction over the occupancy load. Cooper — Asked why it doesn't come from the Building Department. Santamaria — Plumbing used to be part of the BOH when plumbing first moved interior; it requires an act of congress to change that law which requires BOH recommendation. The bathrooms are working fine. Suggested the variance be in perpetuity. Dale — The state plumbing code uses a number certain. of 60 persons per bathroom; Nantucket uses 99; asserted that 99 should be in the letter since it is different than the State. He submitted occupancy plans for the restaurants he represents showing 99. Alger — The number is the crux of the entire problem. They are trying to correct the numbers on the Certificates of Occupancy for restaurants in the core district. Over time, seating numbers were plugged in place of the occupancy. Page 4of7 Minutes for June 22, 2017, adopted July 27 Page 5 of 7 Santamaria — Local regulations are less restrictive than the State, it isn't enforceable. He highly recommends the occupancy load number not be included but state that the current load is not an issue. Asked boards permission to draft the letters supporting maintaining the current occupancy load and hinge it on the maintenance of the number of bathrooms in each establishment. Acuon Motion that the Health Department has the authority to issue letters of recommendations to Plumber's Board for the benefit of these restaurants based on their existing bathrooms. (made by: Weld) (seconded by: Visco) Vcte Carried unanimously 10. >trong Wings request for a variance from Christian's Law — swim test requirements Siting MacNab, Visco, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — This is the first year Christian's Law is being enforced by the State; it is a drowning prevention law and requires swimmers to be tested and to have swimming passes. Chris Getoor, Director of Strong Wings — He feels the regulation is designed for larger camps. Reviewed Strong Wing's protocol in relation to the children attending the camp. Their ration is one life -guard certified staff member to seven students. The law requires every student is swim tested every year; it takes the aquatic director from his duties of monitoring lifeguards to test children who have already demonstrated strong swim skills. Following Christian's Law, they would have to do 46 tests a week. He would like to be able to transfer over the results from year to year for returning students. The total time to test per student is about 10 minutes. MacNab — Pointed out that you might not know that a returning child has an injury that isn't apparent and can't swim as well. Getoor — They require a health report and the parents signature assuring there are no health issues. They would swim test a child that had a health concern the prior year and they will test students with "iffy" swim ability. Cooper — If it were him, he would test swim every kid every year. He wouldn't take anything for granted. Getoor — He wrestled with this issue keeping safety in mind. He would err on the side of retesting. His criteria for retesting would be those who demonstrated a level 2 or below the year before, those students identified by parents as weak swimmers, and anyone they feel needs to be retested. Kelly — He is very persuaded by Mr. Getoor's explanation. Weld — She would like to see detailed data on how many children they have to retest, not just numbers but specifics. Action Motion to Grant a one -year variance for retesting of returning and experienced swimmers and the applicant to come back to the BOH at the end of the season for a review of the program to identify the linkage between the reports and of students with issues that required retesting. (made by: Kelly) (seconded by: Visco) Vote Carried 3- 2 / /MacNab & Cooper opposed Page 5 of 7 Page 6 of 7 Minutes for June 22, 2017, adopted ]uh 27 V. BOH BUSINESS 1. Food Truck return to base discussion letting staff approve in office Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Supporting documents, staff recommendations, and criteria. Discussion MacNab — If we are giving the staff that authority-, we need to vote on it. Santamaria — Read into the record the six criteria to be used to grant a variance to the requirement that a food truck return to its home base at the end of every day. Crowley — Asked if there is interest in adding transportation of food between the trailer and restaurant be in a refrigerated truck. Action Motion to Grant the Health Department the authority to grant variances on food truck operation based on the six criteria. (made by: Cooper) (seconded by: ) Vote Carried unanimously 2. Pesticide and herbicide discussion Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — Have been trying to find out what is being put out there and how it's regulated. The Fertilizer Advisory Committee doesn't want to take it on. Herbicide applicators must get a license by taking an exam which is only given in English. There have been fewer collapsed bee colonies this year. Cormac Collier, Executive Director Nantucket Land Council — The majority if not all landscapers use granular -based fertilizer with a weed preventer; they also use fohar application of fungicide on the lawn. He has trackable data on all the golf courses. "There are only 3 or 4 herbicides being used in the harbor watershed. Right now there is not a lot of data on whether or not these affect water quality. A lot of people are spraying for ticks and nothing grows for two or three weeks; some herbicides cause cancer. Santamaria — He will gather data on pesticides and herbicides. Action None Vote N/A 3. I/A Policy in Shimmo & Plus Areas —'in office approval for conventional systems — discussion Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — The BOH set the precedent and policy but didn't take a vote giving the authority to the department staff to grant the waivers. Action Motion to Grant the Health Department the authority to give waivers to Regulation 64 in the Shimmo /Plus area for approval of conventional systems where sewer will be coming in the near future. (made by: Weld) (seconded by: Cooper) Vote Carried unanimously 4. Proposed update for Regulation 65 — I/A System Tracking Requirement/ /Testing — discussion Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — We require every I/A system be tracked; been finding some of these I/A systems have been approved for general use and don't have to be tested; onh- provisional permits must be tested. Barnstable Tracking has suggested adding a tracking component to the regulations. August would be a good time for the public hearing. Action Motion to Hold a public hearing in August to update Regulation 65. (made by: Weld, (seconded by: Cooper) Vote Carried unanimously Page 6 of 7 Minutes for June 22, 2017, adopted July 27 5. Director's Report a. Have two interns: Grace McNeil will gather and analyze data on mental health and substance abuse. Skye Flegg is collecting well data and stratifying it by location. b. Started his doctorate work; when he has research proposal together will bring it for approval. c. They are moving forward with restaurant inspections. 6. MacNab — The BOH has received criticism for public hearings for the testing regulations not being held when summer residents can have their say. Therefore the BOH will have a seminar in the summer to go through the I/ A, well water, and fertilizer regulations. Staff — Recommend that the seminar be in conjunction with the July 27 meeting with the start time to be announced. 7. Weld — Asked for a moratorium on application data they receive the day on the meeting. Staff — We cut off the agenda and packet the week before. If it comes in late, the board can chose not to accept it. The open meeting law won't allow the use of "late" data at a meeting. 8. MacNab — Asked about the mice vaccine study. Staff — They sent a box so we can look at the product; it is in his office. It will be used at the Nantucket Golf Club, which has volunteered for the pilot program. The vaccine is coated onto a pellet that is eaten. 9. MacNab — Dr. Kevin Esvelt will be here August 17 about the transgenic mice project; PBS Nova wants to come. They suggested a couple of other people on the steering committee. VI. ADJOURN Adjourned by unanimous consent at 6:05 p.m. Submitted by: Terry L. Norton I .ist of attached documents: 1. Criteria for granting variances requiring food trucks to return to base daily. Page 7 of 7 Recommendations for the BOH: Food truck guidance: 1. 55 gallons of wastewater 2. Weekly wastewater disposal logs (at commercial kitchen or wastewater treatment plant) 3. Sanitization logs (every time they clean throughout the day. At least once per day) 4. "Deep Clean" procedure (similar to a HACCP plan for cleaning) 5. Daily food transportation procedure to food truck from commercial kitchen ( HACCP Plan) 6. Location plan (Where is the food truck going to stay at location and at weekly base) Occupancy Rate Recommend that we alter the May 2017 vote to granting the variances from: 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. To: Motion to issue a letter of non - opposition for the purposes on occupancy variance applications to the State Board of Plumbers and Gasfitters providing that they maintain all safety requirements and there is no physical alteration of the premises.