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Home My WebLink About2018-4-26Minutes for April 26, 2018, adopted May 17 �=BOARD OF HEALTH Meeting G y ~ "' Town of Nantucket 3 East Chestnut Street G 9pDAA�E� Nantucket, Massachusetts 02554 CD www.nantucket-ma.gov 1:p - Commissioners: Commissioners: Malcolm MacNab, MD, PHD (chair), Stephen Visco (Vice chair), James Cooper, Helene Weld, Rliim Staff. Roberto Santamaria, Artell Crowley, Kathy LaFavre, Anne Barrett, Hank Ross MINUTES ars Thursday, April 26, 2018 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; 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 Absent Members: None unanimous consent Enoch Sower — Asked if there would be a discussion about Article 59, which Town Counsel said was unenforceable. 1. March 22, 2018: Motion to Approve. (made by: Weld) (seconded by: Cooper) Carried unanimously BOH APPLICATIONSREVIEW 1. Additional Loan Monies request: 34 Arkansas Avenue Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion (4:oi) Santamaria — The estimate supplied for the loan was low because they used estimate for installation of a conventional system not an I/A system. A breakdown of the estimates is included in the packet. Reviewed the breakdown. Noted that the loan program is on its last $200,000 and that the motion at Annual Town Meeting didn't have an exemption for capping the amount of the loan. Action Motion to Approve the additional monies for 34 Arkansas Avenue. (made by: Kelly) (seconded by: Cooper) Vote Carried unanimously 2. Condemnation Public Hearing: 43 Appleton Road, unpermitted triplex Sitting MacNab, Visco, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion (4:04) Santamaria — The Health Department received a complaint about unpermitted housing in a structure that was permitted as a painting shed. The structure isn't habitable because the septic is not large enough. Action Motion to Declare 43 Appleton Road unfit for human habitation. (made by: Kelly) (seconded by: Weld) Vote Carried 4-0//Cooper recused Page 1of3 Page 2 of 3 Minutes for April 26, 2018, adopted May 17 3. Variance req est: Regulation 430.370, camp bathrooms Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion (4:05) Santamaria — They are requesting that the one existing bathroom be deemed adequate. Janet Flanagan, owner — This camp is for five children out of her house. The second bathroom is equipped for a person with medical issues and prefers not to use it for children. Action Motion to Approve the variance request. (made by: Kelly) (seconded by: Visco) Vote Carried unanimously 4. Variance req est: BOH Regulation 50.01 new construction requirements, 41 Millbrook Road (56-69&70) Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion (4:07) Dan Malloy, Site Design Engineering — His client looking to add a half bathroom; there is no change in flow or the number of bedrooms. Crowley — The existing pre -1995 septic failed in 2012 due to groundwater separation. To make that right, an I/A should be installed. The flow is calculated as increasing to 266 gallons a day. Because the bathroom increases the square footage, it triggers new construction requiring an upgrade of the septic. This is an opportunity to upgrade the system. The Health Department denied the building permit because the leach facility doesn't comply with new construction. Cooper — Questioned why the half bathroom couldn't be put into the interior as opposed to an addition. If that had been done, the need for a septic upgrade would have not be necessary. Confirmed there is room to expand the system. Malloy — Explained why the bathroom can't be interior to the existing footprint. Noted that the leach field can be expanded; it is his client's economic decision not to. Visco This is an opportunity to upgrade the system. MacNab — If there's room to expand the house, there's room to expand the system. Action Motion to Deny the variance request. (made by: Kelly) (seconded by: Cooper) Vote Carried unanimously 5. Variance request: BOH Regulation 51.02A&B Septic setbacks, 4 Fisher's Landing Road (38-157) Sitting MacNab, Visco, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion (4:14) Crowley — This septic failed hydraulically; to put in an I/A system, they need setback relief to foundations and property lines; the location is 100 feet from a well. This is maximum feasible compliance and the best possible location. Recommend approval. Action Motion to Approve the variance request. (made by: Kelly) (seconded by: Visco) Vote Carried unanimously V. BOH BUSINESS (4:16) 1. Small-scale Seasonal Wood Permits Santamaria Asked to get a sense of the Board on temporary permits for an organization's multiple, small- scale bakes es; those permits cost $30 each and are good for 14 -day. If we set up a small-scale, 10 -event permit for $100 and good for over several months, then they don't have to keep coming in. This would also save the stafftime; we issue a lot. Cooper — A ed how the events would be tracked. Santamaria Staff would have to write up procedures that include tracking the events per permit MacNab — There is a consensus to allow the department to come up with a simpler system. 2. Weld — Our agendas are mostly variance issues and by the time we get to the Director's Report, most people have left; suggested flipping the agenda with the Director's Report at the beginning. Page 2 of 3 Minutes for April 26, 2018, adopted May 17 3. Director's Report a. In regards to Article 59 about banning glyphosates, only the U.S. or State Department of Agricultural Resources can ban it. The State would have to ban it from the Island. Recommend people speak to their Congressmen. b. Mr. Ross has rejoined the Department for the Summer. Since his return, the Health Department and Natural Resources have completed nearly 100 fertilizer inspections. Health has also had the first round of fertilizer permit training; they have it in English and Spanish and working on getting it in Bulgarian. Cormac Collier, Executive Director Nantucket Land Council, went to Island vendors and learned they are starting to pull the non-compliant products. They have asked that those who want to use phosphorous fertilizer must show phosphorous deficient soil; people have been very compliant MacNab — People think "organic fertilizer" is okay when in fact phosphorous and nitrate are legally organic; we need to continue educating property owners. Suggested a letter to the editor about that. c. The Department is in full swing for issuing permits and inspections ahead of Daffodil Weekend. d. The Department is in discussion with Nantucket Land Council, Water, Natural Resources, and Department of Public Works about laboratory water testing and finding money to build a water testing laboratory on Island. The discussion includes the type of testing that would be accommodated. 4. Weld — Asked if mosquito control testing has started. Santamaria — He will look into that. 5. Kelly — There was a catastrophic shutdown of the `Sconset Wastewater Treatment Plant because of dumping of paint and paint thinner. The raw sewage had to be transferred to the Surfside facility. Santamaria — People are under the impression that they can dump 10 gallons of paint or paint thinner per person into the sewer system; there was hundreds of gallons of paint dumped in `Sconset and killed all the biology at the wastewater facility. They had to get live biology brought into `Sconset facility; the will have to dismantle some of the tanks to ensure that no anti -bacteria is left. This is a teachable moment; vendors will be given the Department of Environmental Protection (DEP) brochures in multiple languages to hand out with all paint sales. Any volatile organic compound should not be dumped into the sewer. David Grey and the DEP are trying to trace where it came and has narrowed it down to which block where it was dumped. 6. Kelly — The genetic mouse presentation is rescheduled for May 23. 7. Kelly — The Select Board took up the issue of recreational marijuana. Zoning changes where medical and recreational marijuana can be located were approved at 2017 Special Town Meeting. The Town also voted to implement a moratorium until December 31, 2017. The State Cannabis Control Commission came out with regulations April 1, 2018. The Board also voted to solicit input from groups that might have opinions about the use of recreational marijuana on the island, i.e.: Fairwinds, ASAP, Nantucket Cottage Hospital, etc 8. Santamaria — He will put the discussion and vote on the loan on the next agenda. 9. Next meeting is May 17. V1. ADJOURN Adjourned by unanimous consent at 4:39 p.m. Submitted by: Terry L. Norton Page 3 of 3