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HomeMy WebLinkAbout2017-9-21Commissioners Minutes for September 21, 2017, adopted Oct. 19 BOARD OF HEALTH Meeting Town of Nantucket 3 East Chestnut Street Nantucket, Massachusetts 02554 www.nantucket-ma.gov Malcolm MacNab, MD, PHD (chair), Stephen Visco Vice chair) , James Cooper, Helene Weld, RN, Jim Kellc Staff: Roberto Santamaria, Artell Crowley, Kathy LaFavre, Anne Barrett, Hank Ross 291.1 ;i" i 213 N 9' -- MINUTES -- Thursday, September 21, 2017 4 Fairgrounds Road, Community Room — 4:00 pm Called to order at 4:00 p.m. Staff in attendance: R. Santamaria, Health Director; A. Crowley, Assistant Health Director; K. LaFavre, Health Inspector; T. Norton, Town Minutes Taker Attending Members: Malcolm MacNab, MD, PHD; Stephen Visco; James Cooper; Helene Weld, RN; Jim Kelly, Board of Selectmen Absent Members: None enda adopted by unanimous consent 1. None 111. APPROVAL OF 1. August 17, 2017: Motion to Approve. (made by: Kelly) (seconded by: Weld) Carried unanimously BOH APPLICATIONSREVIEW 1. Waiver of fee(s) for 3 Shad Brush Road Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — This is Town -owned property and slated for septic work. Action Motion to Waiving the fees. (made by: Weld) (seconded by: Visco) Vote Carried unanimously 2. ACO for 47 Starbuck Road, Cirami, 59.3-51 Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — Standard Administrative Consent Order (ACO). Action Motion to Approve the ACO. (made by: Visco) (seconded by: Cooper) Vote Carried unanimously 3. Variance from Local Regulation 64 & Title V 123 Wauwinet Rd 12-9 Sitting MacNab, Visco, Weld, Kelly (Cooper recused) Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — The property owners were trying to do a renovation to the bathroom; adding 90 square feet triggered the I/A regulation because this is an undersized lot. It technically failed the inspection. This is a four-bedroom system on what's considered public water. The two lots together equal about 3/4 of an acre. Linda Williams — the septic was installed in 1992 and was shown with 4.2 feet ground separation; it was signed off at that time. The residents are there maybe six weeks out of the year. They have two years to fix it; it's outside the watershed. It might have to be a tight tank or an I/A. Visco — They will have to get a Conservation Commission (ConCom) Order of Conditions. Page 1 of 4 Minutes for September 21, 2017, adopted Oct. 19 Page 2 of 4 Kelly — Asked about the ConCom jurisdiction. Crowley — We have to sign off the septic for any building permit; this showed roughly 3.3 feet separation. The septic permit for repair should be drawn before the construction permit; that is the usual process. The engineer should be speaking on the variance. MacNab — We could turn down the variance request or they could withdraw it. Williams — She will withdraw this and come back when everything is figured out. Santamaria — It should be replaced with an I/A system. Action N/A Vote N/A 4. Appeal of BOH condemnation of 22 Hawthorne Lane Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — This is an appeal for the vote taken last month. The system has been in failure for a number of years had breakout of raw sewage on the property. Michael Pearson, attorney owner Amy Piering — He needs to know how this appeal will proceed and the rules and regulations. Santamaria — The condemnation hearing is done under State Housing Code 105 CMR 410.000. The procedure is as follows: you to present testimony to support the appeal; open to public comments; and Board discussion. Pearson — Contends there was no notice of a public hearing for the condemnation. First of all the letter sent on July 20 was inadequate; secondly, looking at 410.000 has steps to take and contends those procedures weren't taken (gave examples and read the July 20 letter). The violation complained of in the letter is the failure to produce a pump contract; that contract was provided the next day. Santamaria — There is no contract on file; all they have is an email that says the system will be pumped. Pearson — The provisions in the letter: before you condemn a property, you have to hold a hearing to find the property unfit for human habitation. Prior to that a finding, the property- must be identified, statement of condemnation sent, statement of time and place of the hearing; and a report attached; the hearing for condemnation was faulty. You can't condemn a dwelling until it has been found unfit for human habitation; that process was not followed according to 410.000. Kelly — This is a hearing to present a case; what he hears is objection to the administrative process. You rendered a legal opinion but have not spoken to the issue; he wants to hear that. Pearson — There is nothing to say; the condemnation was illegal. MacNab — As a health officer, he is concerned with the condition of the property. Pearson — He contacted Mr. Crowley over a year ago about the situation. In January 2017, he went to the engineer Jeff Blackwell, Blackwell & Assoc., who looked at the septic reports showing the proximity of properties to Dukes Road sewer. Mr. Blackwell suggested linking to the sewer. He contacted the Health Department, went to meetings with David Gry of the Sewer Department, had a wetland survey to get a Conservation Commission permit to go through the wetlands, and met with Erik Savetsky about easements over Land Bank property; he has been working diligently to hook up to Town sewer. He sent emails to Ms LaFavre about joining Town sewer; argued she never got back to them. He recently sent two emails to Mr. Santamaria asking if they could join Town sewer and received no response. Contends he has had no help from the Health Department. He has copies of the emails and no responses. They are taking this very seriously; we want to be on Town sewer because we're in a wetlands area. Santamaria — Mr. Pearson spoke to the department by phone. Read the regulation stated in 105 CMR 410.750 Section F. The system was found unfit two years ago; work was not done to correct the matter so the second notification was sent; the applicant chose not to appear at the meeting. Ignorance of the law is not a defense. Page 2 of 4 Minutes for September 21, 2017, adopted Oct. 19 Pearson — Stated the notice said "unless action was taken." You received an email that action was being taken. Feels it is ignorance not to reply to his emails and calls. Crowley — They contacted the office regarding sewer; the nearest sewer is 700 feet on Dukes Road; to run a line is $100 per lineal foot totaling $70,000; a septic system would cost less than that. They are in the sewer district. They were asked to come in and get into the loan program; there's been a lot of back and forth about sewer and septic. They have to follow a path that shows some progress; they haven't shown any active progress toward solving the problem. We can't loan the money to run a line to the sewer but can to install septic. Pearson — Claims everything Mr. Crowley said is wrong; he's not an engineer. He feels prevarication is on the part of the Health Department; they've been pursuing the sewer option since January 2017. The Health Department knew in July sewer was the route we were following. MacNab — The system Mr. Pearson is representing is in hydraulic failure; in no case would we provide a variance or extension of time; this is a health issue now. Kelly — This is a public health crisis with raw sewage spilling out now. If a citizen wants to attach to the sewer, they must submit a citizen warrant article to be attached to sewer and come before Town Meeting. Santamaria — That is if the property isn't in a sewer district; they are in the district, just not in a needs area. Paul Santos, Nantucket Surveyors — He has a contract with the property owner to deal with the system on site as a repair now; the sewer connection is a long-term solution. He was contacted by Mr. Blackwell and spoke to George Hughes; he's willing to fast-track visit and examination to determine a repair solution on site within two to four weeks. That on-site repair could be a new leaching trench in a different spot; the examination would help determine why it is failing. Pearson — It is believed that the failure was caused by a truck crushing the pipe in 2003-2006. MacNab — Asked why this wasn't fixed two years ago when the situation arose; sewer is a long- term fix. Pearson — They thought the sewer solution would be reasonably prompt; they didn't know how long it would take. Cooper — The length of time it takes to connect to sewer has nothing to do with the BOH; it is the owner's responsibility to go to the DPW to find out how to tie in to sewer. In the meantime, the owner has the responsibility to fix the problem. Lisa Bouchard, 24 Hawthorne Lane — We only recently found out that a new septic was put in between 2003 and 2006; a new septic would cost $50,000; in the last two months, they found out a repair was possible. Kelly — This public hazard has been going on for a long time and has consumed the time of the Board and staff. It is the owners responsibility to correct the issue. He sees no reason to extend a waiver. We've given them timelines before and nothing happened. Cooper — We have an opportunity to get this fixed now. Weld — What happens once the system repaired. Visco — Two years is plenty time to get things done but; but on this island things don't happen overnight. He'd be inclined to give Mr. Santos a couple of weeks. MacNab — There are tenants living in this house; that is a public health issue. Pearson — It is being pumped weekly. Santamaria — We have the pumping record but no contract. MacNab — If we condemn it we have a homeless family. The other option is to cite the owner criminally and they would be obligated to find the tenants a home. Asked Mr. Santos how long to do an assessment. Santos — He can get on site to do an assessment next week; he'll coordinate a site visit with Health Department staff. If it isn't a quick-fix repair, he can have a new design within two weeks. Santamaria — The board has the authority to impose a time limit. Page 3 of 4 Minutes for September 21, 2017, adopted Oct. 19 Crowley — If you're going to go with Mr. Santos plan, there needs to be a date for completion then no more leeway; they've had every opportunity to get this done. Kelly — Asked if the Board could require them to put money in escrow for the work. Santamaria — The Board doesn't have that authority; the Board does have the authority- to set a date then pursue criminal charges. Discussion about how much time to allow for repairs after which criminal charges would be filed. MacNab — Encouraged Mr. Pearson to listen to the advice being given as they are trying to help the homeowner. Santamaria — Legal Counsel has already reviewed this case; we can set a date by which the Certificate of Compliance should be issued. From then we would file a criminal complaint with Superior Court to pursue property owner for not complying with the BOH order pursuant to 105 CMR. The only other appeal process allowed through the BOH is at the Superior Court. A Certificate of Compliance would indicate a fully functional system. Discussion on a reasonable date for completion: Certificate of Compliance by October 19, 2017. MacNab — If the Certificate of Compliance isn't issued at that time we pursue criminal charges. Santamaria — The criminal charges would be for not adhering to a BOH order under 105 C_IR and putting people at risk under General Law 111 Section 22. Action Motion to Delay filing criminal action until October 17, 2017 by which time the director must have the physical Certificate of Compliance in hand. (made by: Kelly) (seconded by: Weld) Vote Carried unanimously BOH BUSINESS 1. October Marijuana Hearing — Regulation 72-73: MacNab — The purpose is to upgrade smoking regulations to include Marijuana. Santamaria — It was brought to his attention that we have a bylaw prohibiting smoking of marijuana on Town property. Adding that to our regulations would be redundant; read Town Code 105 Article 6. Based on this information, we should hold off. Cooper — He spoke to the police, who said they don't have anything on record. Kelly —Town Administration said the Cannabis Control Commission has not met. MacNab — The public hearing will not be held 2. Director's Report a. Closed out a busy season; will email the strategic plan; it is technically open for comments. b. Gearing up for the venison donation program; Mark O'Banion has granted use of the his walk-in cooler Dylan Wallace will transport the deer to the cooler and butcher there; he is also willing to butcher a second deer for every hunter in the hopes of boosting participation. c. Martha's Vineyard has had a hearing with Games and Wildlife to extend their archery season; waiting to hear how that goes before we apply., d. Been working with Fairwinds; we are in the midst of mental health, suicide contagion; there have been 63 mental health crises in the last month. Been holding monthly Post Traumatic Stress Disorder management meetings. Noted there is no connecting theme among the suicides; it's all over the board. Looking to create a system area of conversation for suicide prevention as well as drug and alcohol prevention. e. Tick-borne disease numbers were low this year. The new protocol is to do the blood test regardless. ADJOURN Adjourned by unanimous consent at 5:04 p.m. Submitted by: "ferry L. Norton Page 4 of 4