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Home My WebLink About2019-5-23 BOH Minutes for May 23,2019,adopted June 20 BOARD OF HEALTH Meeting Town of Nantucket C �. E 3 East Chestnut Street 201',1 ,; 2 ' �`o 9Posa Nantucket, Massachusetts 02554 vvvvy.nantucket-ma.gov Commissioners: Steih.-n \ chair), Malcolm MacNab, MD, PHD (Vice chair), James Cooper, Helene Al'Veld, RN, Rita Higgins Stiff. Santamaria,Artell Crowley, Kathy LaFavre,Anne Barrett, Hank Ross — MINUTES — Thursday, May 23, 2019 4 Fairgrounds Road, Community Room–4:00 pm Called to order at 4:O0 p.m. Staff in attendance: R. '.anr:unaria, Health Director; A. Crowley, Assistant Health Director; T. Norton, 'lawn Minutes faker .Attending Members: Stephen Visco;Malcolm MacNab, MD, PHD;James Cooper; Helene Weld, RN; Absent Members: Riva Higgins, Select Board ;A enda adosted by unanimous consent I. ANNOUNCEMENTS Rita Higgins of the Select Board is the new BOH member. II. PUBLIC COMMENTS—ANY MEMBER OF THE PUBLIC MAY ADDRESS COMMISSIONERS AT THIS TIME 1. None V. DIRECTOR'S REPORT 1. Working on printing- and getting out educational tick-borne disease information. The Hvline has information; we will get somethi,, lirport. 2. .Advertising for a new inspector. One applicant is local with housing; four are from off Island. 3. A letter was issued about illegal/substandard housing by restaurants. All housing and living situations are to be outside the food establishn ent and their license is contingent upon meeting all state and local regulations. 4. Moving forward. ‘a'.arer laboratory; received estimates are about one-third what we expected. III. APPROVAL OF MINUTES 1. April 18, 2019: Motion to Approve as amended. (made by: MacNab) (seconded by: Cooper) Carried unanimously IV. BOH APPLICATIONS REVIEW 1. BOH Member ton- Cannabis Advisory Committee Sitting ncu, A_acNab, Cooper,Weld Documentation None Discussion Santamaria – The Committee's charter requests one member be from BOH; it is not a committee to that talks about the product or testing but more about prevention and the growing ;process and will advises policy. MacNab – He'd be willing but suggested tabling this until he knows if he's reappointed to the hOFl. Action Tabled for the next hearing by unanimous consent. Vote N, 1 Page 1 of 3 BOH:Minutes for May 23,2019,adopted June 20 2. Co-Composting Facility, Letter of Support Sitting Visco, MacNab, Cooper,Weld Documentation Copy of a letter of no objection. Discussion Santamaria — A formality of the agreement is the local BO: :t is okay with the distribution of compost coming out of the composter. We need t, _ rter of no objection or no approval. Action Motion to Support the letter. (made by:: Visco) (seconded by:: A\ \"ote Carried unanimously 3. Variance request: 123 Wauwinet Road (12-9), tight tank request Sitting Visco, MacNab, Weld Documentation Supporting documents and plans, staff recommendations. Discussion Brian Maxwell, Bracken Engineering — This was requested Lt2=, septic in hydraulic failure. At that time, we were asked to look into a conventional _ H.:ye discerned that is technically possible, but it would require substantial variances from -*(_ ',:.-c-ration Commission due to the sensitive nature of the area. A tight tank is the logic:. . are eliminating the addition on the back of the residence. The back of the lot is at ele Visco —We talked about this; it would have to be mounded and t:: _ reclamated. On the plans, it says it's a 4-bedroom house, but the letter says it's a 2-be -al home. Crowley — He'd have to look at the septic application from 199 ,a1.3 he allowed to put in what they have. If this weren't land subject to coastal storm = : __. )nventional system would work. MacNab — He'd support a tight tank request as long as the 2- , :- -- issue is sorted out and no new construction. .fiction Motion to Approve the application for a tight tank with no new construction and the Health Department is to sort out the correct bedroom count. : .lac\ab 'seconded by: Weld) Vote Carried 3-0//Cooper recused 4. 1:.xtension request: Dickson, 15 Wauwinet Road, (20-41) Sitting MacNab (acting chair), Cooper, Weld Documentation Supporting documents and plans, staff recommendations. Discussion Crowley — The system has been in failure since 2008; the owner- :_ -: d by letter in 2(_ 16, 2017, and 2018 and cited for sanitary code violation in October 2( a permit in January 2019 and to get it corrected in a timely manner, we put a 6-m, _ . to _lune 14 for the work to be completed. We are recommending an extension to - they do have a contractor to do the work - and recommend payment of a H :- :c__:ion fee. If it isn't completed in that time, there needs to be a penalty. We believe t1-1,:T right thing and are making good-faith efforts. Tom Dickson — We've tried to be very considerate and con - ,ut maintaining the system and keeping it clean. Mary Jane Dickson — Many people have condemned septics in -7 spoke to the BOH two years ago explaining the situation and said we'd do the righ asbarro, Nantucket Engineering & Survey knows the property and has agreed to do _it he couldn't do it immediately. He has designed the system and applied for the pe: _: - .d other dela-:s and why she is asking for the extension so that Toscana can do the ir. The system is in technical failure, not system failure. Doesn't understand the penal-- - _. ey intend to do. Cooper — When you were cited three or four times previously, at-1:.c : --ied to set a date to have the system fixed. MJDickson—Yes but didn't know they had to tell the Town. The _- -.H.._ process in 2(115. Page 2 of 3 BOH Minutes for May 23,2019,adopted June 20 Cooper— If we get to September 30 and the work isn't completed, who does the BOH look at for that failure ro comply, Toscana? The system isn't repaired. It needs to be completely repaired and inspccred on September 30. MacNab — We're uncomfortable since it's been in failure for so long. TDickson— We have faith Toscana will complete the work by September 30. Cooper— _Asked what would happen if the work isn't done by September 30. Santamaria --We would file a complaint to the court at that time. MacNab —This is uncomfortable;it is in failure; this has to be done. Santamaria — There is a recommendation for a fee; we need to vote on that as well. Explained tact the fec is the cost of a permit fee and the department's time in following this up. A technical failure is a failure;it was noted 11 years ago so it has been in failure all that time. Action Motion to Impose the $850 fee and accept a letter from Toscana that work will be completed by September 30, 2019. (made by: Cooper) (seconded by: Weld) Vote Carried 3-d /Visco recused 5. Variance Reque>r: i 2 .reci:_ Lane (38-98), 54.02(A) flow calculations Sitting \isco, 1lacAab, Cooper,Weld Documentation Supporting documents and plans, staff recommendations. Discussion Brian Maxwell, Bracken Engineering—This is a vacant lot in Fisher's landing. The variance is to allow for more square footage allowable because of the open space m Fisher's Landing; this will or f rr 4-1;.Broom dwelling. The board granted a similar variance on the abutting lot in 2015. Visco .1 couple of years ago we allowed 1/2-acre lots to 2 bedrooms, and 10,000 square-foot (SF) ors t. a.at-e 3 bedrooms. Crowley "i he Board allowed 4 bedrooms on 20,000 SF lots and 3 bedrooms on 10,000 SF lots with an I system. fiction Motion to Approve the request. (made by: MacNab) (seconded by: Cooper) Vote ( _an;rr_rmously V. BOH B1ISINH S. .: r,. 1. Visco— Asked about the landfill/estuaries report for Madaket Harbor and Long Pond. Santamaria — A.y'r are still waiting for the SMAST. He has lost faith in their ability to meet a deadline. They've received letters :tom this board, the Select Board, Town Counsel, and Madaket residents; we email them once a week and have :1<, _esnrr We can only hope we get it soon. It goes back to why people were against Madaket sewer in the firs- al__cc_ ._ Ins consultant is the most frustrating to work with. We get what we've paid for, but the problem is their ,rohricrary model has been peer reviewed by National Academy of Science and Medicine; it is now considered The gold standard in estuaries modeling. They are now telling us early to mid-June; that would be the day before the li()H meeting. We can move that meeting back to June 27. Crowley— If we move the meeting one more week, that would give the members time to analyze the report. Santamaria — u„__ the report, on June 27, BOH has to decide whether to let the regulation go into effect or move it back ver again. Putting it off creates a credibility issue. He's willing to forward the video or minutes of this meeting to SMAST to let them know their delay is impacting policies. MacNab — We can cm-m(1 the regulation deadline if we aren't satisfied and that allows for a public hearing. Suggested leaving the une meeting where it is. Santamaria—The '.= _.ring for the regulations is scheduled for June 20. VI. ADJOURN Adjourned by unanimous consent at 4:49 p.m. Submitted by: "Terry L. Norton Page 3 of 3