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Minutes for December 21, 2017, adopted Jan. 18, 2018
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 Wei , N, J -F—slly
Staff. Roberto Santamaria, Artell Crowley, Kathy LaFavre Anne Barrett, Hank Ross
Called to oder at 4:01 p.m.
Staff in
-- MINUTES ~—
Thursday, December 21, 2017
4 Fairgrounds Road, Community Room — 4:00 pm
J
`n n C5
R. Santamaria, Health Director; A. Crowley, Assistant Health Director; K. L50savre,
Health Inspector; H. Ross, Seasonal Inspector; T. Norton, Town Minutes Taker
Attending embers: Malcolm MacNab, MD, PHD; Stephen Visco; James Cooper; Helene Weld, RN; Jim
Kelly, Board of Selectmen
Absent Members: None
Agenda adopted by unanimous consent
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1. Steve Bender, 73 Orange Street— Referred to a 4 -page Nantucket Comprehensive Wastewater Management Plan
update. Con ends it is incomplete; addresses the major cause of pollution in Madaket and the Harbor, sewer. He was
disappointec about the disapproval of the Madaket sewer project. He since learned sludge from the wastewater
Treatment ant was brought to the landfill; it's a very potent source of nitrogen. When the treatment plant was built,
the Departtrent of Environmental Protection (DEP) said the product from the plant must always be in a lined mine
cell; contends it has never been in a lined mine cell. The DEP mandated a series of well points set around the landfill
must tested for nitrates. These points are now being tested for nitrites. He is now glad the sewer was voted down.
Now to the own sewers; the Town is spending money to sewer the 300 of 800 buildings in Shimmo and Monomoy
in the harbor watershed; the 500 not being sewered are in the most sensitive areas. In 2001, the Health Department
did not have a town representative doing the perc tests; they took those from the developers; now the Health
Department has a regulation that when a septic fails in that area it is to be replaced by an I/A system, which removes
only 50% of nitrites from the effluence. The Town didn't, but should, hire a geologic consultant to map out the area
not being se eyed to know where conventional systems are failed when they were installed; the effluence from those
failed syste Ls goes directly into the groundwater because there is never a bed of .ric biomass (Biomat). The Town
should impo 3e a building moratorium. Storm drains are the number two cause; fertilizer is number 3; and number 4 is
the recreatio al vessels, which isn't mentioned in the report.
MacNab — This board doesn't have the authority to issue a moratorium; we imposed the policy requiring all new
construction and failure must have I/A systems.
Santamaria — The Wannacomet Water Company is in the process of completing a full mapping of the island with
the National Geologic Survey; we'll have a 3D model of the aquifer. He could have Mr. Willet provide an update on
that to the Board. As far as fertilizer, Nantucket Land Counsel put up funding for on-line training for gardeners and
landscapers. In regards to storm runoff, the Department of Public Works (DPW) is working on that and Nantucket
Land Counq has been helpful there as well.
Kelly — Mr. McNeil has expanded the test sites around the landfill.
1. November 17, 2017: Motion to Approve. (made by: Weld) (seconded by: Cooper) Carried unanimously
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1. ACO
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Minutes for December 21, 2017, adopted Jan. 18, 2018
lic failure: Hobson -Dupont 11 Washington Avenue (60.2.1-41)
MacNab, Visco, Cooper, Weld, Kelly
Supporting documents and plans, staff recommendations.
Santamaria — Looking to a Band-Aid repair to a hydraulic failure. No objections.
Motion to Approve of the ACO for 11 Washington Avenue. (made by: Visco) (seconded by:
Cooper)
Carried unanimously
artment unfit for habitation: 10 Mary Ann Drive, unit 1 (68-442.1)
MacNab, Visco, Cooper, Weld, Kelly
Supporting documents and plans, staff recommendations.
Santamaria — We were called out to inspect the unit, which has an infestation of rodents. The
first step is to declare the basement unfit, so if the unit were relet, we could take the owner to
court. The rest of the house was not in uninhabitable condition; proper maintenance can take care
of it with requirement for a pest management program. Pointed out the basement resident has to
be given a specific amount of time to move.
Kelly —it's the right thing to do, but the people probably don't have anywhere to go due to the
housing situation. It's unfortunate.
Motion to certify the basement apartment unfit for habitation. (made by: Weld) (seconded
by: Visco)
Carried unanimously
Vehicle (RV) not to be used for human habitation: 24 Essex Road (67-632)
MacNab, Visco, Cooper, Weld, Kelly
Supporting documents and plans, staff recommendations.
Santamaria — This is being used as living quarters with the water supplied by hose; don't what
what's happening with waste. Owner said it has been vacated, but we want to ensure it doesn't
happen again. There is a Town bylaw that RVs and mobile homes are not used for permanent
habitation. This is being under the housing code. This was in response of a complaint
Motion to Declare the RV unfit for habit (made by: Visco) (seconded by: Cooper)
Carried unanimously
310CMR 15.260(1): 6 Pippen's Way (43-94.5) — use a tight tank — revisit
MacNab, Visco, Cooper, Weld, Kelly
Supporting documents and plans, staff recommendations.
Don Bracken, Bracken Engineering, Inc. — Mark Norris, owner, is also here. This is the first time
he's had to ask for a variance for new construction. Town sewer is scheduled for spring with the
house scheduled for completion at the same time. Want to put in a 4,000 gallon tight tank to be
used in the interim before hooking up to sewer. Explained the system. The length of time it's used
depends upon when the sewer is available.
Visco — May of 2019 is the projected deadline for the installation of sewer lines and this area will
probably be the last portion to come on line.
Norris — Would like not to have to build a system and then abandon it Would like to put the
house on the market the first of May. Everything is scheduled to be done by the end of April;
wants to put the tank into the ground now before it freezes.
Visco — We gave the people on Pippens Way the conventional system because of the coming
sewer. Tight tanks shouldn't be issued for new construction. It's probably going to be two and a
half years before sewer is available there. Once sewer is on line, the BOH sends letters announcing
the owners have six months to abandon the system and tie into sewer.
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Minutes for December 21, 2017, adopted Jan. 18, 2018
Coopers — If we allow this, we'll have to allow it for everyone. We've turned other people down
for use of conventional with new construction; we gave Pippen's Way a special dispensation. We
have a regulation that no tight tanks with new construction; we need to stick to that.
Santamaria — They found groundwater at 52 inches so Mr. Norris would need to bring in pan to
bed the tank.
Norris — Contends the tight tank would have less environmental impact than installing any other
system.
Cooper — Reiterated his stance in regards to no tight tanks with new construction. The DEP said
no tight tanks, so this board followed up with the regulation.
Bracken — He questions there are other similar situations; even if there are, the precedent would be
having to prove the need.
Motion to Deny the request. (made by: Kelly) (seconded by: Cooper)
Carried 4-1//MacNab opposed
Hawthorne Lane (56-243)
MacNab, Visco, Cooper, Weld, Kelly
I Supporting documents and plans, staff recommendations.
Santamaria — The system is in and working and a Certificate of Compliance has been issued.
Litigation is on-going. Town Counsel issued a Stipulation of dismissal; but the owner's attorney is
not accepting that. The owner's attorney is questioning the legality of the fines this board imposed
and the ability of BOH to place a conditional approval on betterment loans. Town Counsel
confirms the fines were legal and the BOH is allowed to place a conditional approval. For the sake
of closing this out, he recommends issuance of the betterment loan and then go with a criminal
complaint with district court to recover the fines. Releasing the betterment loan will go toward
paying the contractors. They have not been paid 100%. We issued the betterment based on the
fines being paid and those have not. We can issue a complaint with District Court to go after the
fines as a different matter. Reiterated that the attorney for the property owner claims we did not
issue the fines legally. In our opinion and Town Counsel's opinion, we did issue them legally.
MacNab — The contractors could take their client to court too.
Kelly — It isn't our responsibility to ensure the contractors are paid.
Santamaria — We have not been issued the invoices from the contractors so we don't know how
much they've been paid.
Cooper — If we don't do the betterment loan, the work is done and legal, what's to guarantee the
contractors are paid.
Visco — The contractors went out of their way to get this done in the timeframe we set forth.
He'd like to see them paid.
Santamaria — A stipulation of the betterment loan is that the contractors will get paid. The fine is
for $1,800.
Cooper — Asked if the Health Department could first pay the contractors out of the betterment
loan before releasing it.
Santamaria — No, we can't pay the contractors out of the betterment loan before the fines are
paid, as per the BOH vote in November.
MacNab — We made a decision and we should stick to it. Let the courts sort it out.
Consensus agrees with Dr. MacNab.
The betterment loan will not be issued until the fines are paid.
N/A
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Minutes for December 21, 2017, adopted Jan. 18, 2018
1.
a. Par of is report was addressed during Public Comment about the 3D modeling of the aquifer.
b. Ver so donation program: up to 16 deer have been donated. Would like that to be higher but this is
mo Ping forward. The paper provided very good coverage. Mr. Ross has been proactive in meeting
hur lets at the check stations.
c. Goi a grant from National Association of County and City Health Officials to work on a community
he n. A part of the plan is that in late January he's been invited to DC with other rural community
hea ectors to discuss public health for rural areas in order to build on the health initiative.
d. Apl Ued for the Bloomberg American Health Initiative and waiting to hear back. A part of that would
fimi, a search project. We'd be one of five communities to receive it On research project might be a
stu of cardiovascular health. Nantucket is one of the healthiest counties in the US.
2. Kelly — Ast ed about $2M article to continue the Betterment Loan project Santamaria — That article has
been sent tc Town Administration.
Adjournedl by +nanimous consent at 4:49 p.m.
Submitted
Terry L. N
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