HomeMy WebLinkAbout2018-10-18BOH Minutes for October 18, 2018, adopted Nov. 19 a
BOARD OF HEALTH �' 1`
i 0 .VN CLERK
Meeting
Town of Nantucket 2$11 NOV 21 AM 11: 27
3 East Chestnut Street
Nantucket, Massachusetts 02554
www.nantucket-ma.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, October 18, 2018
4 Fairgrounds Road, Community Room — 4:00 pm
Called to order at 4:00 p.m. by Mr. Visco
Staff in attendance: R. Santamaria, Health Director; T. Norton, Town Minutes Taker
Attending Members: Stephen Visco; Malcolm MacNab, MD, PHD; James Cooper; Helene Weld, RN; Jim Kelly,
Board of Selectmen
Absent Members: None
unanimous consent
1. None
1. ��cptcmbcr 20,2018: Motion to Approve. (made by: Kelly) (seconded by: Weld) Carried unanimously
V. DIRECTOR'SO.
1. Venison Donation Program, it begins October 20 with the start of the shotgun season. It had to be push it back
to get a new butchering location; we're using Michael OBanion's old scallop shanty, which has a walk-in cooler
and is set up as a commercial kitchen.
2. Tickborn Disease, had a mild season; however, since warm weather is lasting longer, we're still reminding people
to be vigilant because ticks are still active. We are seeing tick activity well into October.
3. The office has been receiving a significant amount of permit applications this year; the construction boom is not
slowing down. We are receiving 10 or 12 building planner views a week and 2-3 septic system planner views a
week.
4. MacNab — Stated that at the last town meeting, there was discussion about the concept of sewers under roads.
Asked if that will impact BOH in any way.
Kelly — The Select Board reviewed all the articles from the October town meeting at the Wednesday meeting with
special attention to Article 3 of Special Town Meeting 2. Counsel for the citizens added an amendment; the new
wording said that the Town would need to go to annual town meeting for maintenance and operations of the
sewer and stuck the word "installation." Town Counsel's decision was that would not affect any of the processes
for turning over of developer installed sewer that is accepted by the Town.
HEARINGIV. PUBLIC
1. Tobacco Law — Raising sales to age 21
Sitting Visco, MacNab, Cooper, Weld, Kelly
Public None
Discussion Santamaria — Raising the age to 21 was brought up by the Tobacco Enforcement Officer of
Barnstable County; Barnstable is implementing the raising of age of sales by steps starting with 19
in 2019 and ending with 21 in 2021. It has been suggested that we update our own regulations to
the age 21 sales; doing it now, we don't have to worry about the step incrimination.
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1. Variance req
Sitting
Documentation
Discussion
Action
Vote
2. Variance Re,
Sitting
Documentation
Discussion
BOH Minutes for October 18, 2018, adopted Nov. 19
Kelly — Asked if the step increase was a programmatic intent or political-
Santamaria — More political to cater to distributers in larger communities such as Boston and
Springfield.
Cooper — Are we obligated to raise the age to 21.
Santamaria — We are obligated to raise the age to 21 by 2021. If we do it now, it's easier.
Kelly — If we do it in steps, every year we have to reprint signs; because the Town doesn't want to
reprint signs, we want to go to 21 now. He wonders if there is another reason.
Santamaria — In Massachusetts, 130 towns have already gone to 21. We can review and update
regulations in December because there are other regulations that need work: fee schedule and
Madaket Regulations 67. His suggestion for the hearing is Thursday December 13, 2018, the 2" d
Thursday.
st: Peter & Ann Marie Tallas, 28 Long Pond Drive (59.4-109), bedroom credit
Visco, MacNab, Cooper, Weld, Kelly
Supporting documents and plans, staff recommendations.
Paul Santos, Nantucket Surveyors, for the applicant — Pursuant to 64.101 that limits flow to one
bedroom per 10,00 square feet (SF) of land area. The lot is 57,673 SF and currently has a 5 -
bedroom, conventional system and well; it's located within Zone A of the Madaket Harbor
Watershed District bordering Long Pond. The existing system failed technically due to separation
from ground water. Groundwater flow from the site is southerly to Long Pond. The Lot is outside
any state nitrogen -sensitive areas, so this variance is strictly local. Under State regulations, this lot
could place an I/A system and would be allowed an 8 -bedroom system. Cited how much the
nitrate reduction is with an I/A system. The new owners are planning renovation work that
triggers the regulation for a new septic. Work is to take place before July 2019. We are proposing a
6 -foot groundwater separation with the I/A component.
William Hunter, Vaughan, Dale, Hunter and Beaudette P.C., attorney for the applicant
Visco — If you don't do it now, you won't be able to do it later. This is pretty straight forward.
Kelly — This shows the benefit of I/A for nitrogen reduction. He's concerned about in the future;
will we reach the point where the ability to add bedrooms without losing the increased nitrogen
reduction is negated.
Motion to Approve. (made by: Cooper) (seconded by: MacNab)
Carried unanimously
-st 62.03(c): Nicky Toole & ECMJ Nominee Trust 11 & 13 Sandsbury Road (92.4-272 & 284)
Visco, MacNab, Cooper, Weld, Kelly
Supporting documents and plans, staff recommendations.
Ed Toole
Jeff Blackwell, Blackwell & Assoc. — The two properties share a common boundary line; the
owners recognize the advantage of adjusting the boundary line to preserve the view of the house.
The plan to move the house southerly. The lots were created in 1973 and held in common
ownership since. Number 13 remains vacant, but under title 5, a septic and well were installed in
2002; the leach field will be maintained. The septic and well will not change for Number 11. The
move requires installation of a well for Number 13 southerly. Cited the language in the relief
section of 62.03 that accommodates non -conforming lots. The two lots will remain two lots with
no change in size; relief criteria are met in separation of well and septic; the owners have offered
to add I/A components to their existing septic system. This conforms with BOH relief
requirements and improves the nitrogen loading in that area. These are two buildable lots of
different shape with I/A to reduce nitrogen. Argues that 62.06 allows for this very situation.
Cooper — This creates a new -shaped lot; the lot of record no longer exists; this is a new lot with a
new address.
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BOH Minutes for October 18, 2018, adopted Nov. 19
Visco — By changing the lot lines, they have to go to land court for a different lot. If you create a
new lot with a preexisting septic, the septic can't be used. There is a system on the lot of record;
now you have to meet today's Title 5, one bedroom for every 10,000 SF. The septic went with one
1. Kelly — At the last meeting we talked about marijuana regulations and testing and questions about validities. He
talked to Dylan Fernandez's office; they are willing to put together a meeting with us and the Cannabis Control
Board in Boston. If the Board is interested, he'll set that up. He talked with Mr. Santamaria about what Martha's
Vineyard is doing; they have five BOHs and there is a lot of variation in how each town is addressing the
regulations.
2. Cooper — Asked the status with Madaket septic systems and regulations in Madaket.
Santamaria — The regulation for Madaket mirrors those for the Nantucket Harbor Watershed and go into effect
July 2019. Madaket sewer was supposed to be on the annual town meeting warrant this April but we do not have
required information back; suggested pushing back the implementation date of the Madaket regulations. He
Page 3 of 4
lot but now there is a new lot; the existing septic no longer serves that lot.
Santamaria — Artell Crowley had a conversation with the Department of Environmental
Protection (DEP) about is this a lot line adjustment or new lot and does the old regulation still
count; they both came to the conclusion that no it does not. The septic was built in 1995 and was
allowed until 2000 to close out the permit. No foundation or connection was ever created; so staff
is leaning toward a denial. If there had been a connection and foundation we would have no
choice but to allow this.
Kelly — The conversation with DEP would recommend action if a connection existed.
MacNab — Are we talking health or lot line?
Cooper — If we say this is a new lot, it impacts the septic. If it's the same lot, that requires a
variance. As a new 12,000 SF lot, they're allowed only one bedroom; if they are just moving the
line they can have three bedrooms.
Santamaria — The variance is for the setback of the well for the new lot from the septic.
Regulation 62 is what we're voting. We aren't making a vote on whether or not to remove the
septic. If a new lot is not created, this well would be on someone else's lot. This is a variance for
the setbacks.
Blackwell — The result doesn't increase density or number of lots. The result is two I/A lots that
would reduce nitrogen loading. This is a narrow and unique case and doesn't believe it will set a
precedent.
Cooper — He doesn't think the BOH can tell them whether or not it's an existing lot; someone
else makes that decision.
MacNab — You could make the argument density and zoning has a public-health impact.
Kelly — Asked that they go through land court and come back with that ruling before this Board
makes a decision. The variance is to dig a well for house on one lot for a house on the other lot.
Cooper — If someone decides this isn't a new lot, we might make a different decision. If we make
a decision based on this being an existing lot but land court declares it to be a new lot, they have
to come back to us.
Action
Motion to Approve. (made by: Kelly) (seconded by: Weld)
Vote
Carried unanimously
3. Loan Request: Decosta, 22 Sesapana Road (68-96)
Sitting
Visco, MacNab, Cooper, Weld, Kelly
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Santamaria — this is for installation of an I/A system; staff has no objections. Only 5% of the
loan is for landscaping.
Action
Motion to Approve. (made by: MacNab) (seconded by: Weld)
Vote
Carried unanimously
1. Kelly — At the last meeting we talked about marijuana regulations and testing and questions about validities. He
talked to Dylan Fernandez's office; they are willing to put together a meeting with us and the Cannabis Control
Board in Boston. If the Board is interested, he'll set that up. He talked with Mr. Santamaria about what Martha's
Vineyard is doing; they have five BOHs and there is a lot of variation in how each town is addressing the
regulations.
2. Cooper — Asked the status with Madaket septic systems and regulations in Madaket.
Santamaria — The regulation for Madaket mirrors those for the Nantucket Harbor Watershed and go into effect
July 2019. Madaket sewer was supposed to be on the annual town meeting warrant this April but we do not have
required information back; suggested pushing back the implementation date of the Madaket regulations. He
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BOH Minutes for October 18, 2018, adopted Nov. 19
doesn't know why there is a delay in getting information about the landfill and Long Pond; the process did start
late. The more I/A systems that go in, the harder it will be to get a vote on sewer. The groundwater is rising in
Madaket; therefore, more septic systems are failing technically. They have to put in an I/A system, but it has to be
mounded; that increases the cost from probably $30,000 to $100,000.
3. Cooper — Asked what's going on with the landfill and its impact on Long Pond.
Visco — The committee hasn't met in a while but should meet soon. Once all the new well and septic information
is back, they) will rerun the modeling to ascertain the impact on the Long Pond.
Santamaria 11 We now have site-specific data to run through the analog; we haven't got the results back yet.
Adjourned by 4nanimous consent at 5:00 p.m.
Submitted by:
Terry L. Nort
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