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Home My WebLink About2019-4-18BOH Minutes for April 18, 2018, adopted MaN, 23 BOARD OF HEALTH Meeting Town of Nantucket ' 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 Staff: Roberto Santamaria, Artell Crowle-, Kathy LaFavre, Anne Barrett, Hank Ross MINUTES -- Thursday, April 18, 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 Attending Members: Stephen Visco; Malcolm MacNab, MD, PHD; James Cooper Absent Members: Helene Weld, RN unaniinous consent 1. None V. • •REPORT 1. Full fling for permitting April, all restaurants will be open for Daffodil Weekend; there's a push to open Easter Weekend 2. Hank Ross started \1ondaN-. 3. Will have 2 Interns this Summer. 4. Very high on building pernut numbers; looks like it's stabilizing out and will be similar to the same time last Winter. 5. In preparation for ineasles outbreak; hospital is prepped for the eventuality. Expects to see at least one outbreak on the Island. March 21, 2019: Motion to Approve. (made by: MacNab) Carried unanimously APPLICATIONSIV. 13011 RE -VIEW 1. Loan Request: 76 Arkansas Avenue — repair septic Sitting Visco,'\1acNab, Cooper Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — system failed hydraulically; will be replaced with an IL's system. Action Motion to Approve. (made by: MacNab) (seconded by: Cooper) Vote Carried unanimously 2. Variance Request: Cliffside Water Testing Sitting Visco, MacNab, Cooper Documentation Supporting documents and plans, staff recommendations. Discussion Crowlev — Dour years ago the board granted a variance for monthly testing; that is up, and the Board ]las to grant another for the record. We've had no bad samples there. Action Motion to Approve. (made by: MacNab) (seconded by: Cooper) Vote Carried unanimously Page 1 of 5 BOH 'Minutes for April 18, 2018, adopted -Mav 23 3. Variance Request: 123 Wauwinet Road, 12-9 — tight tank request Sitting Visco, MacNab, Cooper Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria —.'Asked to table this because a member must recuse and r;:rrc «-ill be no quorum. .Action Tabled for the next meeting without opening. Vote N/A 4. Variance Request: 155 Wauwinet Road, 11-1, 52.02,-\ — costal dune setback Sitting Visco, MacNab, Cooper Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — Putting in an I/A but need a setback variance. No I)b ccr_ ; :Action Motion to Approve. (made bv_ : INTacNab) (seconded bi-: Cooper) Vote Carried unanimously 5. Variance Request: 55 Tennessee .-Avenue, 59.4-363 — Local Reg. 51 & 64, repair to r -.a.:= .n :easible compliance Sitting Visco, MacNab, Cooper Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — Repair of a system in failure; the setback is hard and '_(,eking for maximum feasible compliance. No objections. .\coon Motion to Approve. (made by: Cooper) (seconded by: '\1ac- ab) Vote Carried unanimously 6. Variance Request: 21 Bank Street, 7313-57 — Reg. 310 CMR 15.211 (1) setback Sitting Visco, MacNab, Cooper Documentation Supporting documents and plans, staff recommendations. Discussion Paul Santos, Nantucket Survevors, for the owner — For replacer.,e-_r ,= :, cesspool, requesting a setback from the 10 -foot requirement from the property line on e:: `,-,, .; Street. Replacement system will have an I/1A component with pressure dosing. Crowley — We permitted a compliant system on this lot in )ar..<:r _:em's no need for the variance since they can comply-. Recommends a denial. Visco — Essentially, they are doing this to reduce the size o ::c :`..`.: .field to create mere groundcover. Looks like the tank could be compliant. We recenr _. _',ac a -_:pilar request on (aff Road and we required the tanks comply. He agrees with Mr. Crow Cooper — The rules say you must comply-; feels they should comp(:. . Kevin Dale, Vaughan, Dale, Hunter, and Beaudette P.C., for the car_„~«cr purchaser — _although the property currently- complies, it doesn't meet marketability srar.dard fOr title. Denying the variance renders the property unmarketable. MacNab —He thinks this is different than Cliff Road: an 1 /A -ease in bedrooms. .\ction Motion to Deny. (made by: Cooper) (seconded bi-: MacNab) Vote Carried 2-1//MacNab opposed 7. Variance Request: 17 Washington _Avenue, 60.2.1-44 — Local Reg 51.02 (_A, B, C; Sitting Visco, MacNab, Cooper Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria —This meets full compliance and recommend approv__.. .\coon Motion to Approve. (made by: Cooper) (seconded by: Mac\ab) Vote Carried unanimously S. Variance Request: 76 Arkansas Avenue, 59.4-42 — maximum feasible compliance rOr -CI back Sitting Visco, MacNab, Cooper Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — This very narrow lot needs setback variance to mastic a._-. --. rem fit. Recommend approval. .Acoon Motion to Approve. (made by: Cooper) (seconded bi-: MacNab) Vote Carried unanimously Page 2of5 BOH Minutes for April 18, 2018, adopted May 23 Page 3 of 5 1. Regulation 51: Madaket implementation date Sitting Visco, AlacNab, Cooper Discussion -Motion to open the public hearing at 4:22 p.m. (made by: MacNab) (seconded by: Cooper) Carried unanimously Santamaria — The initial implementation date was July 1,2019 in anticipation of the completion of the I.andfill study; we don't have that report. The discussion is to keep the date or move it back. Bill Grieder, 10 F Street — He's concerned about inconsistencies in Town process and enforcement. We have requested that the regulations have local and current data; the Town agreed and that has started. The update isn't ready and there is no confidence it will be completed in a timely manner. The implied course ahead is homeowners tow the mark and the Town waits on data. It's frustrating for homeowners to get caught in the middle of intradepartmental minutia. Victoria Gurvin, Madaket Residents Association (MRA) President — The MRA supports moving the implementation date to July 1, 2020. Lesley Barns, Madaket — The residents have installed a lot of I/A systems since 2009. We are working hard to protect Madaket water and the T\IDL has been going down. We need to know the landfill contribution. It's unfair to burden the residents when the contractor can't meet his deadline. Jeff Carlson, Natural Resources Director — We were waiting on the last round of samples; that sample was pulled and processed in February and in the hands of the Department Public Works Director. "I'hey won't make the April 29 contractual date but should have the final technical report with updated models by mid-May. What comes out of that report will be important in discussion on the water quality. Cooper — We need to have a date on when the information can be made available to the public. Carlson He'll send that information to Mr. Santamaria. Should have that date by the end of this week. Cooper .lsked if the July 1, 2019 date was when the study would be complete. Santamaria — Yes. We were supposed to have known by now. Suggested continuing the hearing dare to the June meeting. Visco "l liar would allow some of the summer residents to attend and for even -one to digest the information. MacNab — He agrees about not making this decision today; however, he thinks one mistake we are starting to make is combining the septic load and the landfill load. The minimum nitrogen load is a lo\y and arbitrary number; what's going in from septic is a substantial amount and wants to see sc\ycr. Motion to close the public comment portion at 4:36 p.m. (made by: MacNab) (seconded by: Cooper) Carried unanimously Santamaria — For a legal continuance, we need an exact date; the meeting date June 20, 2019. Also, we can push the implementation date to August 1" and set a hearing date for the July 18 meeting. MacNab — His concern with the June date is not having enough time to digest the data. Action Motion to Continue the hearing to June 20, 2019. (made by: MacNab) (seconded by: Visco) Vote Carried unanimously 2. Regulation 75: Fertilizer regulation changes Sitting Visco, 'MacNab, Cooper Discussion Motion to open the public hearing. (made by: MacNab) (seconded by: Cooper) Carried unanimously Santamaria — This has been in place since 2012 following best management practices (B -\1P) set by Article 68 Workgroup. The Massachusetts Department of Agricultural Resources (MDAR)has Page 3 of 5 BOH Minutes for Apri) 18, 2018, adopted Mai 23 set a new regulation voted into law for setting their own rules for fertilizer. Part of that is the local BOH can't vote on regulations until the local regional planning authvrir. has voted on any local fertilizer regulations; for Nantucket that would be the NPEDC. `\ c c-,n ui,cuss changes but not rote on them. Marry McGowan, `Sconset Gardener - Wants to understar_c a- -';,,ughts, concerns. or advisements on the reason for rule changes. Santamaria - We can't inspect fertilizer application on pn,,,aye rr crr. and therefore not enforce. The change would mirror the state regulation which alloy- dit the written reports. which would not be made public, to ensure compliance. McGowan -The report doesn't ask for how mangy- square feet Santamaria - That's another aspect; if it's all fast relief, that is no- c,,:r-,_ ::-_-. McGowan - Licensed applicators are required to fill out the fc,r:r. n, ,r_-; ccnsed applicator, are not; asked how compliance would be monitored. Santamaria -The company would be made to submit the report ana ,,ff- and companies would face automatic fines. We can also access off-island reports throw'.- he %lassachusetts Natural Resources. McGowan - asked why they want this extra management respon-_;,_:.- Santamaria - We want to know what the real run-off numbers ::rc: ,v_: c,,: 't have a quantifiable number unless we collect the data. McGowan - In the run off approach to the harbor, if the corrc-_e same regardless of where fertilizing is being done. Santamaria - It's not the same because it breaks down, but it is -he groundwater and eventually into the aquifer. McGowan - The BOH should consider collecting soil sample ciara pr,�,.-ided all people using BLIP so you know who is following that. If no phosphates show in ��r: �a�� ales, then the run off is non-existent. Information will only come from people who kecr rcc�,rc',. -mother approach t- to educate the purveyors. Asked how the flow from septic is meas��cc. Santamaria - We can only quantify- the nutrients going into the _., :.rater through an I :A sN,stem. Mike Misurelli, Chair Fertilizer Advison- Committee - Requc-^.: -, )nthh- report %will be burdensome of even-one. Should work out how those reports be submitted. It was requested all material be in one facility, which could be detrimen-a: - i,c environment; different fertilizers must be stored differently. McGowan - The proposed paperwork is daunting; suggested ask :_ ::.zed reports. Santamaria -There is a reporting form with --NIDAR we would tr- r c. Trish Dammin - The trucks from off-island with rolled up lay.-_ :f those are tested for pre-treatment. Santamaria - "That is a good question; it would have fallen under -: c : r:c :r gyral exemption. \\ e'll ask. Dammin - Asked if there is a way to request of property- owners :,c tested. Santamaria - Yes, some have volunteered. Dammin - asked if all companies that sell fertilizer are in complia.-cc. Santamaria - No; explained how the State regulate that and local:-, ca-;-- it. Emily Molden, Nantucket Land Council (NLC) - NLC suppor- *. c c:.a^ges; we also support the provisions that Island vendors to display product analysis. Lee Saperstein - If all these regulations change, there will be mo c'cic, cis ()f errors in the BNIP: urged the board to create a working group to bring those up to da-c. McGowan - Suggested landscapers could earn a "harbor-friendh --_c � c, To, wear on his uniform that tells even-one he uses Bl\IP and is a visual connection for to do the right thing. Page 4of5 BOH 'Minutes for April 18, 2018, adopted May 23 Rita Higgins, Select Board — Likes Mr. McGowan's idea, it would help get the gardening community- involved. MacNab "There was also talk about a notice a homeowner could have that says their lawn is _MDAR compliant. That would help with education. Motion to close the public hearing at 5:08 p.m. (made by: MacNab) (seconded bv: Cooper) Carried unanimousl�- Santamaria — We are looking for board endorsement to move forward. MacNab _ksked how the "bad guys" would be tracked. He likes the sticker idea. Santamaria — It would be hard to find "pirate" landscapers, but we are finding them. This would allo,\v us to go through the State regulations. We require landscapers to carry their licenses with them. If %\-e can see work going on from a public way, we can address the workers. Action Motion to Continue with the recommendation. (made by: Cooper) (seconded bv_ : MacNab) Vote Carried unanimously b ADJOURN ,Adjourned by unanimous consent at 5:10 p.m. Submitted by: TcrrN, L. Norton Page 5 of 5