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HomeMy WebLinkAbout2017-8-17Minutes for August 17, 2017, adopted Sept. 21 BOARD OF HEALTH Meeting —A2 o Town of Nantucket �6 3 East Chestnut Street �0 2 A SAA Nantucket, Massachusetts 02554 N ,vww.nantucket-ma.gov N �' Commissioners: Malcolm MacNab, MD, PHD (chair), Stephen Visco (Vice chair) , James Cooper, Helene Weld, R_,iviim � -- _ Staff: Roberto Santamaria, Artell Crowley, Kathy LaFavre, Anne Barrett, Hank Ross MINUTES -- •' Thursday, August 17, 2017 4 Fairgrounds Road, Community Room — 4:00 pm Called to order at 4:00 p.m. Staff in attendance: R. Santamaria, Health Director; K. LaFavre, Health Inspector; T. Norton, Town '_Minutes Taker Ai tending Members: Malcolm MacNab, MD, PHD; Stephen Visco; James Cooper; Helene Weld, RN; Jim Kelly, Board of Selectmen Absent Members: None unanimous consent COMMENTSIl. PUBLIC C OF DDRESS COMMISSIONERS 1. None APPROVALOF 1. July 27, 2017: Motion to Approve. (made by: Visco) (seconded by: Cooper) Carried 4-0//Kelly abstain 2. July 27, 2017 forum: Approved by unanimous consent BOH APPLICATIONS 1. Koch Loan for 62 Washington Avenue, M&P 59.4-315: compliant septic repair Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion (4:02) Santamaria — Explained situation. Action Motion to Approve. (made by: Weld) (seconded by: Cooper) Vote Carried unanimously 2. 199 Cliff Road, M&P 40-19: variance from Title 5 and Regulation 64 loading rate Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion (4:0) Santamaria — This was built with a 4 -bedroom septic system; there are four bedrooms in the house, a room in basement with a half -bathroom, and a room in the garage with a full bathroom; They want to add a shower in the basement while maintaining the 4 -bedroom. He recommends removal of one main house bedrooms. Brook Meerbergen — Removing a bedroom involves a lot of work; the basement room is not a bedroom; it has no full bathroom for it but the owner wants a shower there. The garage studio has a full bathroom. Suggested eliminating the basement closet to take it off the plan as a bedroom. This house is used seasonal, only two months out of the year. Cooper — The easiest step is to remove the full bathroom in the garage. MacNab — There is the question of it being sold for year-round use. Visco — This is outside the Harbor Protection District; they could expand the septic; the existing tank could accommodate up to six bedrooms; the leach field would have to be extended. Meerbergen — There is no room for the expansion of the leach field. Discussion about whether or not it is possible to keep this to only four bedrooms. Page 1 of 3 Page 2 of 3 Minutes for August 17, 2017, adopted Sept. 21 Action Motion to Follow Staff recommendation and deny the variance. (made by: Kelly) (seconded by: Weld) Vote Carried unanimously 3. 19 Austine Locke Way, M&P 82-57: variance from Title 5 and Regulation 64 loading rate. Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion (4:15) Santamaria — When he examined the as -built for the trench, he calculated it as able to accommodate a 4 -bedroom house. However, only a maximum of three feet can be used in the calculation; his adding a half foot permitted the 4 -bedroom house. Richard Savery, owner — When the house was built, the original septic plan was for a 3 -bedroom house; they went back to the Health Department to talk about expanding to a 4 -bedroom home. When it was finished, they had an occupancy permit for a 4 -bedroom home. This house can't be expanded due to a land -court ruling declaring this an unbuildable lot; this structure is grandfathered. He is trying to get the septic permit and occupancy permit aligned. Cooper — When the building permit was filled out in 1995, the builder knew that you were required to have 10,000 square feet per bedroom. Regardless of the size of the trench, Title V stipulates it could only be a 3 -bedroom house due to the size of the lot. Visco — To make this right for a potential buyer, Mr. Savery would have to put in the I/A component. Savory — Asked to withdraw the request. Action Withdrawn Vote N/A 4. 22 Hawthorne Lane, M&P 56-243: Condemnation hydraulic failure, first notified 2015 Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion (aza) Santamaria — This has been going on for two year; the system failed based upon a 2015 inspection; the owner has been sent letters ordering it be fixed; and thev've been fined. A recent inspection found breakouts of raw sewage; that resulted in an emergency condemnation with orders to fix they system immediately and more fines. Explained the problems the owner has run into with hooking to Town sewer. If the owner were run a sewer line down Hawthorn Lane, he would have to provide hook ups for every house and the line meet Town specifications. They decided to reinstall but did not pull the permit in the requisite time. He is asking the board to issue a condemnation if the permit is not pulled within two weeks. The last inspection was two weeks ago. Lafavre — They are pumping weekly and sometimes bi-weekly. Kelly — Questions giving them two weeks. They've been given two rears. Cooper — If a letter goes via registered mail and they don't pull the permit, asked what happens. Santamaria — If they don't pull the permit the day they get the registered letter, we can have them physically removed. Lafavre — A perc test was done a week ago; Jeff Blackwell, Blackwell & Associates, was going to work on it; but then we got an email saying they are thinking again about sewer; that's why_ it's on the agenda. Suggested the letter should go out. Santamaria — We can order a retest with the installation to be done in "Z" amount of days. He can notify the owner by email that the registered letter is coming. Consensus feels this owner has had more than sufficient time to bring the system into compliance and has failed to do so. Action Motion to Condemn the property with notification by registered mail and condemnation is effective two days after receipt of registered letter. (made by: Kelly) (seconded by: Cooper) Vote Carried unanimously Page 2 of 3 Nlinutes for August 17, 2017, adopted Sept. 21 V. BOH BUSINESS 1. Set date Marijuana Hearing — Regulation 72-73: Motion to Hold Public Hearing on possible modification to regulations in October. (made by: Cooper) (seconded by: Visco)/ Carried unanimoush 2. Set date Public Hearing — Regulation 65: Santamaria — Reviewed the regulations in regards to installation of I/A systems under three different types of provisions that don't require soil testing. Barnstable Counn- has suggested adding to the regulations a requirement to test in a manner that allows Barnstable Count- to use the data. Public hearing open 4:38 p.m. No public comments. Public hearing closed at 4:39 p.m. MacNab — He was confused by 65.02.b requiring testing samples twice a year; then it says testing is required 45 days from start up and 30-60 days after. Santamaria — Within 45 days of startup they test the effluent then test the system again after it's been running a month to ensure it's running properly. For seasonally -used structures, this happens at the beginning of every season. Cooper — Confirmed a proposed wording change under 65.02.A. Santamaria — Barnstable has been sending regular reports on the status of Nantucket septic systems. If the system is doing very well, they recommend testing once a year but the regulations as written don't allow that. This would give cogency to the recommendations. Read the corrected wording for 65.02.A. Motion to Approve the amendments to Regulation 65 and minor change as read by Mr. Santamaria. (made by: Weld) (seconded by: Cooper)Carried unanimously 3. Director's Report a. We are in the process of setting up this -year's venison donation program. We need a new location but do have a butcher to do the work. The butcher said he is willing to butchering for the hunters themselves, which he hopes will encourage hunter participation. b. One of the planning sessions was used to write a strategic plan. Have met with various departments and businesses. Will have a full analysis by the next meeting. c. Completed a preliminary Community Healthcare Assessment, through our intern, Grace McNeil. Once it is completed, it will be published and made available to the public. It will be ready for the next meeting. d. Intern Skye Flegg has completed the Well Testing Regulation. We will be sending letters to specific homeowners about the testing requirement. People are testing their wells and the information is getting out there; people are finding out what's in their water. e. The number of inspections are winding down; we will exceed last year's number of 2300 inspections by at least 100 inspections this year. f. In regards to tick-borne diseases, there are 73 confirmed cases. Nantucket Cottage Hospital said the number could go up to over 100 confirmed cases; that is still less than in the last few years. 4. Discussion about whether or not to move the start time for the meetings to five or six. Will keep the start time at 4 p.m. with special presentations to take place at 6 p.m. ADJOURN Adjourned by unanimous consent at 4:55 p.m. Items used in the meeting not otherwise listed: Health Regulation 65 Submitted by: ferry L. Norton Page 3 of 3