HomeMy WebLinkAbout2018-9-20BOH Minutes for September 20, 2018, adopted Oct. 1 r; N T U u s o
BOARD OF HEALTH T O I N C L E I'
Regular Meeting
Town of Nantucket
2819 OCT 19 AM 8:19
3 East Chestnut Street
Nantucket, Massachusetts 02554
www.nantucket-tna.gov
Commissioners: Stephen Visco (chair), Malcolm MacNab, MD, PHD (Vice chair), James Cooper, Helene Weld, RN, Jim Kelly
Staff. Roberto Santamaria, Artell Crowley, Kathy LaFavre, Anne Barrett, Hank Ross
-- MINUTES --
Thursday, September 20, 2018
4 Fairgrounds Road, Community Room — 4:00 pm
Called to order at 4:00 p.m.
Staff in attendance: R. Santamaria, Health Director; T. Norton, Town Minutes Taker
Attending Members: Malcolm MacNab, MD, PHD (acting chair); James Cooper; Helene Weld, RN; Jim Kelly, Board
Selectmen
Absent Members: Stephen Visco
as amended by unanimous consent
1. None
APPROVAL111. OF
1. August 16, 2017: Motion to Approve as amended as follows: pg 1 MacNab comments "...about 200"
should read, "...about 500" and "...get back to the 2004 count" should read, "...get density back to the
level after 2004 established season." (made by: Kelly) (seconded by: Cooper) Carried unanimously
DIRECTOR'SV. REPORT
1. Santamaria — We've increased the number of inspections by another 10%; last year was being up 10% from the
year before. The inspections are based more off construction.
2. Santamaria — Tick-borne diseases are down from last year; under 40 for the "main" season. The weather has
been a factor.
3. MacNab — Asked about holding hearings on swimming pool regulations.
Santamaria — There are storm water and Natural Resources components; he has drafted a general bylaw with Jeff
Carlson, Natural Resources Director, which has been forwarded to Town Administration.
4. Santamaria — At the Select Board meeting there was a presentation about the legislative work being done for
marijuana sales. Concerns were brought up that Nantucket would exempt from testing the marijuana products
and how would we know the product meets State criteria. There is a possibility of bringing a mobile testing unit
here.
MacNab — Asked if lack of testing could be grounds to deny a marijuana sales permit.
Santamaria — We cannot block marijuana sales because of the testing. This is, however, an issue he wants to
follow up on.
MacNab — There is no other food or drug that is not required to meet standards; marijuana should as well.
Water Laboratory Project:
Santamaria — There has been a discussion about the need for a water -testing laboratory on the Island; if we had a
lab on Island at the time of the winter sewer break, we would have known quickly what was in the water; we
couldn't get the samples off Island for days because boats and planes were not running. He has met with various
entities about this and there seems to be a lot of support; there are significant cost savings. He's reached out to
other laboratories across the State and got the names of some consultant and learned that the Laboratory Director
of the Massachusetts Water Resource Agency is retiring and willing to work as a consultant with Nantucket on the
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BOH Minutes for September 20, 2018, adopted Oct 18
lab's de ign;i Dr. Delany has provided a scope of work. He is asking the BOH if this is a project the Board will
support; also, in the event the consultant comes on board and designs a lab, he wants a commitment the idea
won't bc shelved.
Kevin Imester, Nantucket Shellfish Association (NSA) — Explained how this idea came to fruition. We don't
have a s lid idea on how much money is spent on testing; he'd like Town Finance to provide that information.
There aie certain tests that require the samples be tested within a time limit; if the boats aren't running, those
samples have to be scrapped and retaken. The shellfish beds are not being tested; we don't know the quality of
our shefisN Identified every water element that needs testing. They now have a proposal from the consultant
NSA is Irepared to fund this to get the plan done; once a plan is in hand, they can start to raise money for the lab.
Santam ria — The well water regulations are now in effect; they require well water testing every two years. We
haven't Q pushing it but have been getting information out to the homeowner's associations. We don't want to
enforce regulation that can't be complied with.
Cooper Asked what the ball-park cost would be.
Santam ria — We have two possible spaces on Water Company property for a lab. One site is an unused office
space an I would require only the cost of equipment, which is close to $3M. This lab's capabilities would be similar
to the Barnstable County Lab; fees would help fund the lab. Part of the cost for testing now includes shipping the
sample c ff Island. Also, we wouldn't have to worry about a third party remembering to forward the data to us.
Kelly —Ask d which organization would administer this program.
Kuester — It would hopefully be part of the Department of Health. All other departments involved in water
testing hive: conflict of interests.
Santam ria — The whole automated lab could be run by one full-time director/lab technician and one part-time
lab tech 'cia .
Kelly —You need a certain amount of volume to make this financially viable.
Santam ria Within the scope of work would be a list of testing that could be in house and what would still
have to lie sent out.
Kuester — There are a lot of Island organizations concerned about water quality. We're looking to help out with
raising oney but first we need to be able to explain the cost and scope. We are here now because this is a rare
opportui dty to get this consultant. In his opinion, this is not a lot of money in the big scheme of things.
MacNa — Essentially SHAB is spear-heading the fund raising to get this going; eventually it will be handed over
to the Town.
Kuester So far, the interested department heads have been on board. Once we have our costs in line, we can go
to donoi s and go to Town Meeting. A factor pushing the timeline is the spaces that are available; the Water
Companis olding them for the decision on the lab. We'd like the BOH to endorse this initiative and help put
the team together that would carry this forward. We'd like the Town to figure out the costs to include staffing and
get input from other Town departments. We'd like to know where testing could be expanded and what tests are
not being done now.
Santam ria We need a cost analysis done to include what our costs are now and what the staffing costs would
be. In th sc pe of work, the timeline is three months; we couldn't make the 2019 Town Meeting but could get
the discu 3sion going for 2020 Town Meeting.
Kelly —1-he Town has had issues with filling specialty positions due to housing and living on an isolated Island.
Recomm end Mr. Kuester either find someone on Island who can fill the director/lab technician position or add
in a factcr fo the cost of housing. Also, if the employee goes on vacation, there needs to be back up.
Santam ria Pointed out that this could be used as a teaching laboratory for the High School; that could lead to
a graduate g a position in the lab.
Charles Wa. tens, Board of Governors Great Harbor Yacht Club (GHYC) and GHYC Community Relations
Committ e hair — About a year ago, we voted to do two things with our money; one was to devote it to water
quality. I i his discussions with Town departments and private citizens, the water testing lab came up. If there is a
flaw, he asn't found it yet. The Town would save money and time and have more accountability in their testing
and mak money. Different departments have different needs; this lab would address those different concerns.
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BOH Minutes for September 20, 2018, adopted Oct. 18
The BOH would
be an impartial observer. GHYC is enthusiastic about this and will have mid -5 -figure range
money available.
Motion that the BOH endorse the concept of a water testing laboratory on Nantucket and encourage
retaining this
consultant. (made by: Kelly) (seconded by: Weld) Carried unanimously
BOH APPLICATIONSREVIEW
1. Loan Request: Durand & Champoux, 8 Upper Tawpawshaw (53-56)
Sitting
MacNab, Cooper, Weld, Kelly
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Santamaria — This is an I/A system in the Nantucket Harbor Watershed district; no landscape
money is being spent on this.
Action
Motion to Approve. (made by: Weld) (seconded by: Cooper)
Vote
Carried unanimously
2. Variance Request: Stewart & Naylon, 58 Arkansas Avenue (59.4-157) - maximum feasible compliance
Sitting
MacNab, Cooper, Weld, Kelly
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Santamaria — There is an ACO to be released then a betterment loan for an I/A system for this
property. They need the variance for maximum feasible compliance. there is no alternative.
Action
Motion to Approve. (made by: Cooper) (seconded by: Weld)
Vote
Carried unanimously
3. Release from the Administrative Consent Order (ACO): Stewart & Naylon, 58 Arkansas Avenue (59.4-157)
Sitting
MacNab, Cooper, Weld, Kelly
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Santamaria — This is to release the ACO.
Action
Motion to Approve. (made by: Weld) (seconded by: Cooper)
Vote
Carried unanimously
4. Betterment Loan Request: Stewart & Naylon, 58 Arkansas Avenue (59.4-157)
Sitting
MacNab, Cooper, Weld, Kelly
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Santamaria — The department has no objections; landscaping is less than 10% of the loan.
Kelly — We talked about income level; asked how that works.
Santamaria — This is part of the original $2M so can't be restricted based on income. The money
will go directly to the contractor.
Action
Motion to Approve. (made by: Kelly) (seconded by: Cooper)
Vote
Carried unanimously
5. Administrative
Consent Order: Kurland & McDonough -Kirkland, 14 North Cambridge Street (59.4-101)
Sitting
MacNab, Cooper, Weld, Kelly
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Santamaria — No objections.
Action
Motion to Approve. (made by: Kelly) (seconded by: Cooper)
Vote
Carried unanimously
6. Variance Request: Irvin Family Partnership, 3 White Hart Lane (80-84)
Sitting
MacNab, Cooper, Weld, Kelly
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Santamaria — This is in the Wellhead Protection District. They can put in a conventional system;
but if they put in an I/A they get the bedroom credit.
Kelly — We've done this in the past. However, a 12 -bedroom house in this area seems to be hard
on the area.
Santamaria — It's a 12 -bedroom system; the house is nine bedrooms.
Dan Malloy, Site Design Engineering, for the owner
Action
Motion to Approve. (made by: Weld) (seconded by: Cooper)
Page 3 of 4
Vote
7. Varian(
Sitting
Document
Discussion
Action
Vote
8. Conder.
Sitting
Document
Discussion
Action
Vote
9. Conden
Sitting
Documents
Discussion
Action
Vote
10. Col
Sitting
Discussion
Action
Vote
1. None
Adjourned
Submitted
Terry L. N,
BOH Minutes for September 20, 2018, adopted Oct. 18
Carried 3-0//Kelly abstain
Discussion about the tipping point at which no more construction should be allowed because no
more nitrogen should be allowed into the system.
Request: 16 Evergreen Way (68-707)
MacNab, Cooper, Weld, Kelly
on Supporting documents and plans, staff recommendations.
Santamaria — This is for a well within the 300 -foot down radius; they are outside the 100 -foot
radius. If there were no Town water available, this would be reasonable; however, there is Town
water on Evergreen Way, so there is an alternative.
Cooper — Another alternative is to drive the well next to the existing well.
Motion to Deny. (made by: Cooper) (seconded by: Weld)
Carried unanimously
of Bedroom: 21 Macys Lane LLC, 21 Macys Lane (68-494)
MacNab, Cooper, Weld, Kelly
Supporting documents and plans, staff recommendations.
Santamaria — The overcrowding situation has been abated. No action is needed at this time.
No action taken
N/A
Marcos Tejada et al, 40 Macys Lane (68-103)
MacNab, Cooper, Weld, Kelly
Supporting documents and plans, staff recommendations.
Santamaria — We have witnessed them tearing out the bedroom and removing the furniture; they
are getting the proper permits. In the meantime, the area is not habitable.
Cooper — This is where 11 people went to the hospital and someone was stabbed.
Santamaria — There is a court injunction against reletting. The Board still needs to declare it unfit
for human habitation. We will be checking on this.
MacNab — The Board strongly recommends frequent follow up inspections.
Motion to Condemn. (made by: Kelly) (seconded by: Weld)
Carried unanimously
Marilyn Showstack, 29 Sheep Pond Road (63-35)
MacNab, Cooper, Weld, Kelly
Supporting documents and plans, staff recommendations.
Santamaria — There was sig erosion and the septic ended up on the beach.
Motion to Condemn. (made by: Weld) (seconded by: Cooper)
Carried unanimously
unanimous consent at 5:02 p.m.
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