HomeMy WebLinkAbout12/13/2018BOH Dlinutes for December 13, 2018, adopted Jan. 17, 2019
BOARD OF HEALTH r D '� C""
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Meeting � '1 �� CLEF
Town of Nantucket 2019 J,�.h 18 Phi 12: 0
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, December 13, 2018
Wannacomet Water Company, Conference 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
Attending Members: Stephen Visco; Malcolm MacNab, MD, PHD; James Cooper; Helene Weld, RN; Jim
Kelly, Board of Selectmen
Absent Members:
ted
None
unanimous consent
161, 1
1. None
APPROVAL OF
1. November 18,2018: Motion to Approve. (made by: MacNab) (seconded by: Cooper) Carried unanimously
V. • •REPORT
1. He and Cathy LaFavre attended a meeting conference of Mass Health Officers Assn. He did a presentation on the
health equity for Nantucket. The State is putting together a Health Equity Training Program they hope he will lead.
2. Venison Donation Program is doing well; as of last week, there were 8 deer.
3. Taking down the last few people for permit renewal; down to less than 20 food establishments to be renewed.
4. LaFavre reported that the department has released 10 requests for information on mobile food unit permits. If all
were approved there. would be up to 20; however, many drop out when they hear the requirements that must be
fulfilled. We will end up with 6 to 10, most renewals linked to restaurants.
5. The department is slated for an additional inspector; that would be approved through Town Meeting. He's had
people with housing on Nantucket show interest and hopes the3y will apply. Natural Resources has offered the job
of water -quality specialist; she is looking for housing. She was recruited out of the EPA and this is her specialty.
BOH APPLICATIONSREVIEW
1. Loan, Septic Repair/Upgrade: Zieff, 51 Millbrook Road (56-345&241.1)
Sitting Visco, MacNab, Cooper, Weld, Kelly
Documentation Supporting documents and plans, staff recommendations.
Discussion Santamaria — There are no objections.
Action Motion to Approve. (made by: MacNab) (seconded by: Cooper)
Vote Carried unanimously
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BOH Minutes for December 13, 2018, adopted Jan. 17, 2019
2. Loan, Septic Repair/Upgrade: Madden/Pearl, 19 Wauwinet Road (20-35)
Sitting
Visco, MacNab, Cooper, Kelly
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Santamaria — This is for upgrading to an I/A. WE have enough money for one more loan out of
the initial funding.
Action
Motion to Approve. (made by: Kelly) (seconded by: Cooper)
Vote
Carried 4-0//Weld recused
3. Variance, Temporary Use a Tight Tank: Nantucket Islands Land Bank, Miacomet Golf Club
Sitting
MacNab (acting chair), Cooper, Weld, Kelly
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Santamaria — They have 23,000 worth of capacity; asking to disconnect the leach facility during
construction and use the septic as a tight tank. It's not permanent and doesn't seem like a bad
option.
Art Gasbarro, Nantucket Engineering & Survey — He doesn't think it will be pumped more than
two or three times over the period of construction. It has already been pumped down. The
current system is a perc-right pressure system. The alternative would be to set up a whole separate
hydraulic system for less than six months; that would be economically burdensome and time
consuming.
Cooper — Asked about the club operating hours during this time frame.
Gasbarro — He can't speak to the operation of the club. He doesn't think this is tied to hours of
operation.
Kelly — They would come before the Select Board to change their hours.
Cooper — This is open-ended.
Gasbarro — No, he included in his letter that it would end on May 31, 2019. He thinks six months
for construction is generous.
Cooper — Asked when the system would be brought back into full operation.
Gasbarro — Definitely.
Action
Motion to Approve the temporary use of a tight Tank to be completed by May 34 2019.
(made by: Kelly) (seconded by: Weld)
Vote
Carried 4-0//Visco recused
4. Variance from Local BOH Reg. 52.02.A: 8 Old Quidnet Milk Route (20-8.6) —100 -foot buffer
Sitting
Visco, MacNab, Cooper, Weld, Kelly
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Art Gasbarro, Nantucket Engineering & Survey — This is a maximum -feasible -upgrade
compliance due to wells, wetlands, and property lines. The septic is being moved as far as possible
from the wells and wetlands.
Cooper — The Conservation Commission (ConCom) won't rule on this until January 9, 2019. He
would motion to Approve contingent upon ConCom approval.
Santamaria — If ConCom doesn't approve of this, it won't go forward-
orwardAction
Action
Motion to Approve. (made by: Kelly) (seconded by: MacNab)
Vote
Carried unanimously
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BOH Minutes for December 13, 2018, adopted Jan. 17, 2019
5. Variance, Request for a Tight Tank: 5 Chase Links Circle (30-8)
Sitting
Visco, MacNab, Cooper, Weld, Kelly
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Art Gasbarro, Nantucket Engineering & Survey — This is a small structure, which needs to be
relocated due to erosion; have permission from ConCom for the relocation. Asking for
permission under Title 5 that allows tight -tank use on a seasonal basis. There would have to be a
deed restriction limiting use of the structure to six months. There is no new enclosed space, so it
doesn't fall under new construction. The make-up of the existing system is murky. Will install a
2000 -gallon tight tank with the deed restriction. Alternative: there is a place for a system and then
effluent pumped several 100 feet across the property; however, he believes Title 5 provides the
approving authority to allow a tight tank as a reasonable alternative. Explained reasons why the
tight tank is the more reasonable alternative.
Cooper — A tight tank is the last thing we want to do if there is the ability to put in a Title 5
system. He thinks that is what should be installed.
Gasbarro — The last Title 5 changed approval for a tight tank by adding the clause giving the
permitting authority case-by-case discretion when a deed restriction is involved. If there were no
other alternatives, they wouldn't be offering the deed restriction.
Santamaria — Past practice for tight tank has been to grant as a last resort.
Crowley — In the past we may have deed restriction but again as a last resort He had a
conversation with Department of Environmental Protection (DEP) about this situation and that
clause; their feeling was that if there is room for a compliant system, it should be done. The home
could be winterized; we couldn't prevent that.
Kelly — That puts a burden on the Town; we don't want to be in the business of knocking on
doors to ensure no one is living there.
Crowley — We have loans to help with the cost of installing new systems.
®
Visco — He thinks this is heading down a slippery slope.
Santamaria — Agrees with Mr. Visco.
Action
Motion to Deny based on testimony from the applicant that it is possible to install a
conventional system. (made by: MacNab) (seconded by: Kelly)
Vote
Carried unanimously
Public 1 fearing opened at: 4:26 p.m. by unanimous consent.
Sitting
Visco, MacNab, Cooper, Weld, Kelly
Documentation
Draft changes to Local Regulations 72 & 77
Public
Robert Collett, Barnstable County Health Department code enforcement and tobacco control
Discussion
Santamaria — Introduced Mr. Collett.
Collett — In July, the State passed a regulation augmenting current law that increases the legal
purchase age for tobacco to 21. It was done whereby the age increase occurs in stages over several
years only for those communities that had not previously increased the age to 21. This creates
problems for local retailers. Regarding a military exemption, when Hawaii increased the age, every
top military commander across the country came out in support of the increase. When the first
tobacco laws were passed at 18, most 18-year-olds had families and jobs; today they are in high
school. Now we know the 18 -year-old brain isn't prepared to make rational decisions; that's why
the industry targets 14 -year-olds. Recommends the board consider increasing the age to 21 right
off. Well over 200 communities have made the complete jump.
Cooper — This would go into effect January 1, 2019.
Collett — He recommends the effective date be no later than December 28, 2018 to avoid
confusion and conflict with the State law.
Kelly — Asked about the notification process.
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BOH Minutes for December 13, 2018, adopted Jan. 17, 2019
Santamaria — We have a list of all retailers; we must provide legal notice of the vote today.
MacNab — Suggested the Superintendent of school weigh in.
Public Hearing closed at: 4:35 p.m. by unanimous consent. 10
Action Motion to Adopt the recommendation as outlined in the amendment for Local
Regulations 72 & 77 Tobacco Control as outlined in our packet. (made by: Kelly) (seconded
by: McNab)
Vote Carried unanimously
Action Motion this goes into effect December 28, 2018. (made by: Kelly) (seconded by: McNab)
Vete Carried unanimously
V. BOH BUSINESS
1. MacNab — Dr. Hartman has offered the Health Department and the Board a tour of the new hospital probably
after the new year.
2. MacNab — Asked about the progress on the water testing lab.
Santamaria — Mike Delaney has asked him for paperwork and files. He's waiting to hear from Natural Resource
and the Department of Public Works on their groundwater tests and from the Sewer Department on the DEP
permit. He should get an update next month.
3. MacNab — He had sent Mr. Santamaria a draft letter about a meeting with the State regarding deer. Asked that be
brought back on the agenda in February.
4. Weld — Asked about the final number on tick-borne diseases.
Santamaria — They stayed low. We get a surprising amount of Borrelia miyamotoi, which we were looking for.
The predominant tick on Tuckemuck is now the Lone Star Tick. Lyme number stayed stable.
ADJOURN
Adjourned by unanimous consent at 4:41 p.m.
Submitted by:
Terry L. Norton
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