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Home My WebLink About2018-5-17Minutes for May 17, 2018, adopted June 28 BOARD OF HEALTH UC Meeting o v' Town of Nantucket 3 East Chestnut Street c�9 RAI �Nantucket, Massachusetts 02554 www nantucket-ma.gov Commissioners: Malcolm MacNab, MD, PHD (chair), Stephen Visco (Vice chair), James Cooper, Helene Weld, Ctnff! Rnherto Santamaria. Artell Crowley, Kathy LaFavre, Anne Barrett, Hank Ross —~ MINUTES -- Thursday, May 17, 2018 4 Fairgrounds Road, Community Room — 4:00 pm Called to order at 4:00 p.m. I'. Jim 94 GZ . N C r 3 t� 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; James Cooper; Helene Weld, RN; Jim Kelly, Select Board Absent Members: Stephen Visco unanimous consent • III • ��' • • 1. None APPROVAL111. OF 1. April 26,2018: Motion to Approve. (made by: Weld) (seconded by: Kelly) Carried unanimously DIRECTOR'SREPORT 1. Over the past month, he has started the general meetings with Town associations and Islands groups. Last week, he met with the Nantucket Builders Association to present updates on septic systems and I/A regulations; the Department of Public Works (DPW) provided information on illegal dumping of hazardous waste. He met today with the Winter Group about tick -born diseases and smoking and drug use prevention projects in the schools. 2. He confirmed with the DPW that the larvicide program for mosquito control has begun. Explained the treatment. 3. Tick -born illness monitoring continues; as of today. Listed the diseases for which there are no cases; there are six cases of Lyme disease and one case of another tick -born disease not disclosed due to HIPPA. Discussion of ways to reach out to the community. 4. He is working with David Gray and the Weston Sampson Group to work a program that's an alternate to grease traps; we've identified products and properties that will prevent grease from getting into the sewer lines. 5. MIT will provide an update presentation on the CRSPR program is scheduled on Wednesday 23. 6. The NOVA series filmed on Island last year will be airing at 9 p.m. on Wednesday 23. 7. He will start thinking about dates for a presentation of the regulation updates. The presentations last year were in August and well attended. KfAM11110 BVII V" 1. Variance request: Regulation 72:00; Grey Lady Smoke Shop — sell cigars during Wine Festival Sitting MacNab, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion (4:12) Santamaria — Regulations limit the location of sales to the store only; they want a booth at the Wine Festival, which is at Jetties Beach this year. Crowley —jetties Beach is all Town -owned public property. Action Motion to Deny the variance. (made by: Kelly) (seconded by: Cooper) Vote Carried unanimously Page 1of4 2. Re Sitting Action Vote 3. Vai Sitting Discussion �:18) Action Vote Minutes for May 17, 2018, adopted June 28 red System; 16 Folger Avenue M/P 80-153 MacNab, Cooper, Weld, Kelly Supporting documents and plans, staff recommendations. Santamaria — One lot is 10,000 square feet (SF); the other lot is 28,000 SF Marianne Hanley, Reade, Gullicksen, Hanley, & Gifford LLP — The owner wants to subdivide the lot for one year-round covenant lot and one market -rate lot. There is an existing 4 -bedroom system; Lot A, the covenant lot, would be restricted to one bedroom since the lot is only 10,000 SF; the market -rate lot has 3 bedrooms on 28,000 SF. The subdivision is looking at installing a private sewer system; this request is to tie over until that happens. There would be two wells, one for each lot. Crowley — Tide 5 has parameters for shared systems; they are in compliance with the proposed bedroom limitation and have a stamped engineers plan. Recommend approval. Pat Levesque — There is room to expand on the larger lot. Motion to Approve the request. (made by: Weld) (seconded by: Cooper) Carried unanimously zest: Regulation 64.04(B)(1); 3 North Point M/P 38-83 —1 bedroom per 10,000 SF MacNab, Cooper, Weld, Kelly Supporting documents and plans, staff recommendations. Santamaria — A renovation of the structure triggered the upgrade to I/A; they are asking for a variance from installing I/A. Paul Santos, Nantucket Surveyors — They want to maintain the existing 5 -bedroom system on the lot without upgrade to an I/A. This is located in the Fisher's Landing subdivision. The subdivision is now on Town water. He came before the BOH in regards to four new structures and showed that Fisher's Landing meets the aggregate for one bedroom per 10,000 SF; this board granted variances that allowed those four lots to construct the minimum number of bedrooms. This is different than those in that it is a pre-existing, 3 -bedroom house and 2 -bedroom garage located in Madaket Harbor Zone A; it is not subject to any State regulations restricting bedrooms. No additional bedrooms or increase flow are part of the renovation work; reviewed the scope of work. The existing system is functioning and has 14 -feet separation from groundwater. Installing an I/A component to the tank is a substantial cost to the homeowner; contends that cost is manifestly unjust considering there is no increase in flow. Sherrie Matarese, owner — The system was installed when the home was constructed in 2005. Cooper — All through the construction, they knew they were supposed to install an I/A system. Kelly — Asked the status of the work and the cost of the construction. Santos — As it stands now, they can't get a Certificate of Occupancy without an I/A system. Matarese — The total cost of the renovation work $60,000. Kelly — A rhetorical question would be if $35,000 for installation of a new I/A component is unjust, what cost is just. Cooper — From the very beginning, they knew they would have to have an I/A and went through a $60,000 renovation then decided $35,000 is too much; he has a problem with that. Crowley — They don't meet the nitrogen loading for Madaket. The construction is for an addition and triggered the I/A requirement in a nitrogen sensitive area. Manifest Unjust is when all use of the property is removed; that hasn't happened. In regards to the new construction on the empty lots, they had to install I/A systems and now exceed nitrogen loading. MacNab — The situation is very clear. Noted that a Betterment Loan is available for the septic upgrade. Thinks if the cost of all the I/A installations in Madaket over the last five years were tallied, it would equal the cost of bringing sewer to Madaket. Motion to Deny the variance. (made by: Cooper) (seconded by: Kelly) Carried unanimously Page 2 of 4 Minutes for May 17, 2018, adopted June 28 VI. BOH BUSINESS 1. I/A Request for seasonal sampling discussion: Santamaria — His department was going to come up with a proposal; the proposal isn't set yet. 2. Retail Marijuana — Potential Regulations and Special Town Meeting discussions: Santamaria — There's a marijuana zoning and regulation discussion coming up; the Town voted for a moratorium. He spoke with the manager of the Environmental Health Association who stated that as long as there is adherence to the food preparation regulations, marijuana food products can't be regulated more than the State. However, the Association of Health Boards attorney stated that the BOH can create a regulation that bans or limits marijuana food products. Monday, Kopelman & Paige P.C., will be here with a presentation from Medwell; they are is saying there's the possibility to ban marijuana food products. The question is whether or not the BOH would put their own set on these regulations in regards to retail. MacNab — The regulations refer to certified labs; asked what that lab does. Santamaria — The certified lab does chemical analyses of amounts active substances in marijuana called cannabinoids, THC and CBD, and other alkaloids in cannabis. There is one CBD -based product going through the Federal Drug Administration (FDA) clinical trial process that has potential medical affects. Pointed out that lab testing is not done before the drug is sold. MacNab — He has problems with the retrospective testing and therefore no label of concentration. Santamaria — The way the regulation is written, there is no timeframe in which the lot can be released to the public. Oversight of the labs falls under the Cannabis Control Commission (CCC). Kelly — Because of Federal transport regulations, Nantucket won't be using the State -certified labs on the mainland; testing will have to be done locally. The local lab would test for THC and CBD; the local lab would not test for the presence of herbicides and pesticides. It would be a less rigorous test for people getting the product here. The State has given the Island an exception from the State -certified lab. MacNab — We have a drug and food that won't have a well -regulated supply train and no product oversight Santamaria — That is the point of this discussion; we can create our own regulations to required testing under Chapter 111. The State allows the Island exemption from the quality control. Two of three applicants are willing to agree to the testing the product before sale; they want to create a good product. The third applicant has not yet agreed to meet with the Health Department. Discussion about the fact that marijuana is still a Schedule -4 Drug and Federally regulated; the boats and planes are also Federally regulated and so it's illegal to bring marijuana onto the boats or planes; therefore, Nantucket cannot get the cannabis to the state labs for testing. Santamaria — Noted that the regulations cannot exceed the State regulations or make it onerous for the vendors. Another topic is by adding THE or CBD to any food product, it is declared and adultered food product under the FDA; the BOH has authority to seize and destroy it by Federal standards. The moratorium gave us time to create planning and zoning regulations before going to Town Meeting for a vote; it also allowed other boards to look into the concept of additional regulations. MacNab — Asked if there is an established minimum effective dosage that makes it safe for the public. Santamaria — There have been no studies on the minimum effective dose, and we don't know the maximum safe dose. Noted that California and Colorado require labeling of the concentration of products on the package of all medical products. MacNab — Asked if California, Colorado or Massachusetts are doing any dosage studies. Santamaria — No study is being done by a reputable scientific source. The industry is doing a study and the studies are being peer reviewed by others in the industry. The only scientific study of marijuana has been done specifically for Marinol, which is the only FDA -approved medical product. Cooper — Asked how anyone would know what amount is too much. Santamaria — That is the problem because the only way to test for the presence of too much marijuana is through a blood test; a blood test requires a court order. The Colorado governor is considering rescinding the recreational marijuana law as a result of not being able to set and ascertain a limit. Pointed out that marijuana produced now is about 100 -times more potent than that grown in the 1960s. Page 3 of 4 Minutes for May 17, 2018, adopted June 28 Kelly — Another concern of the Select Board is the ability to limit the number of outlets and dispersal, such as the idea of aonie delivery. MacNab — We have concerns about the exemption of the lab unless the Island lab meets best practices and the lab is in 3peted. Also, we shouldn't sell products of food or drugs that aren't property labeled. 3. Paint/Turpentine dumped in sewer: Coope — sked if it was tracked down who dumped the paint into the `Sconset sewer. Santam aria, — No. It's becoming a real concern; he's putting together fliers to go out to the paint companies and --l— Kelly .e.,a....,. Kelly — The problem has escalated. David Gray reported to the Select Board that there is more paint being dumped this year than ever; one gallon of turpentine or oil-based paint can disrupt the biology of a 66,000 -gallon sewer trcatnient plant. The `Sconset sewer treatment plant is 28,000 gallons. Now having issues with the Surfside Wastew ter Treatment Plant and the stuff is working its way into the stormwater system. Santa ri — Started a campaign to release information in multiple languages to be distributed to areas where painters tend to go such as the paint vendors, Cumbies, and Espresso to Go. Discussion o bout the impact being connected to the increase sale of anti -microbial paints that fight mold. Adjourned by �nanimous consent at 5:11 p.m. Submitted 1 Terry L. Nc Page 4 of 4