HomeMy WebLinkAbout2019-11-21 , F
BOH Minutes for November 21,2019,adopted Dec. 19
pN�Uik BOARD OF HEALTH
i. �.n,. Meeting
s(i1,~ NI Town of Nantucket
,�c� 3 East Chestnut Street
Q1100�'^ Nantucket,Massachusetts 02554
www.nantucket-ma.gov ate,
Commissioners: Stephen Visco (chair),Malcolm MacNab,MD,PHD (Vice chair),James Cooper,Helene Weld,SN,Rita Higgins
Staff: Roberto Santamaria,Artell Crowley,Kathy LaFavre,John Hedden,Anne Barrett,Hank RosG?
-- MINUTES —— c-' .,
Thursday,November 21,2019 C r.
4 Fairgrounds Road,Community Room—4:00 pmso. f
Cil ;
Called to order at 4:00 p.m.
Staff in attendance: R. Santamaria, Health Director; K. LaFavre, Health Inspector; J. Hedden, Insector; T.
Norton,Town Minutes Taker
Attending Members: Stephen Visco; Malcolm MacNab, MD, PHD;James Cooper; Helene Weld, RN; Rita Higgins,
Select Board
A.enda ado.ted by unanimous consent
I. ANNOUNCEMENTS
I I. PUBLIC COMMENTS -ANY MEMBER OF THE PUBLIC MAY ADDRESS COMMISSIONERS AT THIS TIME
1. None
III. DIRECTOR'S REPORT
1. This last month has seen a slowdown. Permit reviews are up; we are in the permit season. Mr. Hedden has been
handing them out. Looking at doing reporting analysis to get an overall of sessions we have done for comparison
over the last 4 or 5 years. Expect that at the January BOH meeting
2. Seen an uptick in two issues. First is a rise in illegal food establishments; word is out we are enforcing this. The
second is with seasonal food establishments; the managers aren't training employees. In the next fiscal year, we
will implement a food handler program for any employee in the kitchen; every person in the kitchen will have to
have that training, but we need someone to go out and tell them they need to attend. Right now, we require a
manager attend the program,but they aren't always passing on that training to their staff. That results in$1000s in
fines a year;we are looking for compliance not to issue fines. We would offer the course once a month.
3. One initiative for Department of Public Works (DPW) is to revamp the waste-hauler regulations to clarify
methodology. The current regulations were developed in 2007 and technology has significantly advanced since
then. Mr. Visco and I have had meetings with the DPW to start the conversation and to look at substantive
changes to BOH regulations. Any changes will go first to Town Counsel for review with the public hearing within
the fiscal year.
IV. APPROVAL OF MINUTES
I. October 17, 2019: Motion to Approve. (made by: Higgins) (seconded by: Cooper) Carried unanimously
V. BOH APPLICATIONS REVIEW
1. 1,oan: Lamer 2 Drew Lane (43-209)
Sitting Visco,MacNab,Cooper,Weld, Higgins
Documentation Supporting documents and plans, staff recommendations.
Discussion Santamaria—This was tabled last month;more quotes have come in. No objections
Action Motion to Approve. (made by: Cooper) (seconded by:Weld)
Vote Carried unanimously
Page 1of7
BOH Minutes for November 21,2019,adopted Dec. 19
8. Public Hearing: 29 Sheep Pond Road—condemnation and Structure Removal
Sitting Visco, MacNab,Cooper,Weld, Higgins
Documentation Supporting documents and plans, staff recommendations.
Discussion Santamaria — This property was already condemned; in a recent storm, erosion has been
significant. He has confirmed that the gully from erosion is within 4 feet of the footings. The
property owner is working with the property manager to get quotes to remove the structure. We
have to vote to put a timeline on the removal. Right now, the owner says they are waiting to hear
from insurance company, which we've heard before. Suggested a timeline of no less than 30 days
and no more than 90 clays. Since purchasing the property many years ago, they have lost three
acres of land due to erosion and have nowhere left to move the house. We have previously
imposed a timeline on Sheep Pond Road.
Motion to open public hearing at 4:21 p.m. accepted by unanimous consent.
No public comments.
Motion to close at 4:21 p.m. accepted by unanimous consent.
Action Motion to Approve to set a deadline of 90 days. (made by: Higgins) (seconded by: Cooper)
Vote Carried unanimously
9. Request variance: 1 Bartlett Road—from 150 CMR 410.400 minimum square footage for bedroom
Sitting Visco, MacNab, Cooper,Weld, Higgins
Documentation Supporting documents and plans, staff recommendations.
Discussion Santamaria — This is a variance request to allow a bedroom less than 70 square feet (SF) as
required by the housing code; they are asking for a 4-SF variance to continue using as a bedroom.
Received a housing complaint about the property; inspectors responded and inspected all the
buildings on the property resulting in several violations. One violation was this, the square footage
of this room.
Brian Luster, for the owner—He lived in that room with no issues for space, heating, rodents or
anything. It's a seasonal place and is shut down in the winter. It's very handy for seasonal
employee rental.
Alie Dewall, for the owner—Also has lived at this property. Before a tenant moves in, they have
the opportunity to look at the space. It is a weekly rental,which she feels is very fair.
LaFavre — There are two other bedrooms that can be occupied; granting this sends us down a
slippery slope. There are other significant issues with the house: rotted windows and sills and lack
of screens for the doors and windows, and a hole in the wall. The ceiling height might be an issue
in one small bedroom, but we were not allowed entry at the time to measure it. The seasonal
occupancy should be June 15 to September 15; but there was evidence during the inspection of
someone living there. Doesn't believe the variance should be granted.
Cooper—Confirmed this variance is for this one bedroom.
Santamaria—The other issues with the building are covered under following items.
Hedden—We inspected the site a few times and reviewed the building file with a letter from 1994
stating the room was a 64 SF ancillary room; it measures at 66 SF. The 2007 Certificate of
Occupancy states there is no heat; it's a seasonal dwelling used from June 15 to September 15.
This property has a long history of people living in it. There is no insulation in the roof, but there
are baseboard heaters.
Santamaria—We need to vote on each individual item.
Action Motion to Deny the variance for use of this room as a third bedroom. (made by: Cooper)
(seconded by: Weld)
Vote Carried unanimously
Page 3 of 7
BOH Minutes for November 21,2019,adopted Dec. 19
house year-round and uses the pool as well as the other year-round residents,who are down there
with their kids.
MacNab — There might be a way to manage the pool through restricted pool times or
requirement that an adult be there at all times. The risk at these pools is no different than that of a
commercial entity.
Sanford—A homeowner has direct liability for use of the residential pool.
Cooper—You are asking use to drop the requirement there is an attendant at the pool while it is
open. Should something happen, and an insurance company gets involved, the first thing the
HOAs will say is that the BOH said they didn't need anybody.
Sanford—The CMR allows additional discretion for the Board to apply. This is appropriate for a
commercially-used pool. Now private residential pools are falling under the same burden because
of how they are classified.We are asking for that discretion.
Sillery — He doesn't feel it is fair for a homeowner to be put in the same category as Nantucket
Hotel. He bought his properties because of the pool.
Cooper — This isn't a private pool; it is the pool used by 13 other homes, which makes it not
private. If you rent your house,now it is their pool
Sillery — Now the Board is telling him he can't use the pool because he's in the same category as
Nantucket Hotel. Now he, his kids and his neighbors can't use the pool when it's a private pool;
the lifeguard could sit there 7 days a week while no one uses the pool. They will have to shutter
the pool,which is fair. He lives here four months out of the year and feels he was misled when he
bought the home. When he bought his properties in 2015, he was told the pool did not require a
lifeguard; as a trustee,he doesn't want to be a lifeguard for the other property owners.
LaFavre — These are semi-public by nature; they aren't single-family pools. The second leading
cause of death for children is drowning and it's up there for adults.
Marianne Hanley, Reade, Gullicksen, Hanley, & Gifford LLP for Rugged Scott — These are
basically residential pools, the cost of hiring full-time attendants will increase dues by 50%;Rugged
Scott is 25% affordable housing. At a 2015 meeting of the BOH, a decision was made that wasn't
promulgated and hasn't been enforced. The Rugged Scott pool has been there since 2009 with no
problems;it's very well policed by the homeowners who have done everything they can to make it
safe. Ultimately, you won't be able to have a small development with a small pool. Reviewed the
rules for use of the Rugged Scott pool. The Board needs to look at the history and use of the pool
and the efforts by the homeowners and their trustees before making a decision.
Sillery—The Finback HOA will be willing to take on any liability if the BOH to write a mandate
on the relief.
Santamaria — Explained the reason for the 2015 adjustment to allow the use of a full-time
attendant with CPR/First Aid certification. The person doing the pool inspections didn't realize
the attendant wasn't there all the time; that came to light this year and letter went out. This
variance is for these three residential properties that have a shared pool as part of their HOA. He
doesn't have access to the number of people using the pools; the State recommendation is one
lifeguard per 25 people.
Visco—The reasons for the variance is all monetary; for him that's not a real excuse coming from
someone who flew in from elsewhere to attend this meeting. This is a problem of public health
and safety;he doesn't support granting the variances.
Hanley — Suggested allowing the HOAs to come up with proposal to make it work. Asked to
continue this to allow time to do that.
MacNab —We can deny the variance but that doesn't preclude coming back with a proposal. We
have regulations on record.
Higgins —We still have other pools that fall into the semi-public category; she thinks we need to
make a decision tonight.
Page 5 of 7
BOH Minutes for November 21,2019,adopted Dec. 19
VIII. ADJOURN
Adjourned by unanimous consent at 5:31 p.m.
Submitted by:
Terry L. Norton
Page 7 of 7
BOH Minutes for November 21,2019,adopted Dec. 19
2. Loan: Ross 2 Ahab Drive (65-61) -septic repair
Sitting Visco,MacNab, Cooper,Weld, Higgins
Documentation Supporting documents and plans, staff recommendations.
Discussion Santamaria—No objections.
Action Motion to Approve. (made by: Higgins) (seconded by: Cooper)
Vote Carried unanimously
3. Loan: Murtagh& Scott 3 Hatch Circle (66-276) —septic repair
Sitting Visco, MacNab, Cooper,Weld,Higgins
Documentation Supporting documents and plans, staff recommendations.
Discussion Santamaria—No objections.
Action Motion to Approve. (made by:Weld) (seconded by: Cooper)
Vote Carried unanimously
4. Loan: Silfen 3 Meadowview Drive (56-92) —septic to sewer
Sitting Visco, MacNab,Cooper,Weld, Higgins
Documentation Supporting documents and plans, staff recommendations.
Discussion Santamaria—This is a septic to sewer in the new Plus area. No objections.
Action Motion to Approve. (made by: MacNab) (seconded by:Weld)
Vote Carried unanimously
5. Request variance: Nissho Sushi—from 105 CMR 590 time/temperature control
Sitting Visco,MacNab,Cooper,Weld, Higgins
Documentation Supporting documents and plans, staff recommendations.
Discussion Santamaria—This is for the certification to maintain temperature control outside of the regulated
temperature;it is standard practice for anyone making sushi,but they can't open without it.
Action Motion to Approve. (made by: Higgins) (seconded by: Weld)
Vote Carried unanimously
6. Request variance: 272 Polpis Road (25-30) —wetland setbacks
Sitting Visco,MacNab, Cooper,Weld, Higgins
Documentation Supporting documents and plans, staff recommendations.
Discussion Santamaria — The Conservation Commission has approved this. No objection as it is within
maximum feasible compliance. The well variance is already on file.
Visco—It looks like they could relocate the well to be in compliance.
Santamaria—We could table this for more information.
Action Motion to Table for more information. (made by: Cooper) (seconded by:MacNab)
Vote Carried unanimously
7. Request for Local Upgrade Approval: 1 Bank Street(73.2.4-7) —setbacks
Sitting Visco,MacNab,Cooper,Weld,Higgins
Documentation Supporting documents and plans, staff recommendations.
Discussion Don Bracken, Bracken Engineering—This is a very small lot currently served by a cesspooL He
has a plan to upgrade the system. He's asking for divergence from the property line and the cover
on the system and the setback from the water line.
Action Motion to Approve. (made by: Cooper) (seconded by: Weld)
Vote Carried unanimously
Page 2 of 7
BOH Minutes for November 21,2019,adopted Dec. 19
10. Ratification of Emergency Condemnation: 1 Bartlett Road (55-102) —2 buildings
Sitting Visco,MacNab,Cooper,Weld, Higgins
Documentation Supporting documents and plans, staff recommendations.
Discussion Santamaria — The building has fallen into significant disrepair; these two buildings were an
emergency condemnation. We want to provide the representative a chance to speak on the
subject. Our recommendation is to condemn.
Hedden—There are four structures on this property. The owner also owns 3 & 5 Bartlett Road.
A structure permitted as a shed showed evidence of having been used as dwelling space and
should be condemned not fit for habitation. There is also a rodent infestation problem with the
house.
Santamaria — Two out buildings we condemned immediately; the inspectors couldn't enter the
third. All the buildings are ancillary for 1 Bartlett Road and significantly over run with rodents and
in disrepair.
Action Motion to Approve the ratification of the Emergency Condemnation. (made by: Higgins)
(seconded by:Weld)
Vote Carried unanimously
11. Condemnation of out building: 1 Bartlett Road (55-102) —not for human habitation
Sitting Visco,MacNab, Cooper,Weld,Higgins
Documentation Supporting documents and plans, staff recommendations.
Discussion Santamaria — This is for the condemnation of the other outbuilding as not fit for human
habitation.
Action Motion to Condemn not fit for human habitation. (made by: MacNab) (seconded by: Cooper)
Vote Carried unanimously
12. Waiver request: Hawthorne Park Pool—requirement for attendant at all times
Sitting Visco,MacNab, Cooper,Higgins
Documentation Supporting documents and plans, staff recommendations.
Discussion Santamaria — The State pool code requires a life guard or specific wording if there isn't a life
guard. The Select Board initially set the Town code to require lifeguards to be stiffer than the State
regulation. In 2016, the BOH voted to allow a full-time attendant certified in CPR and First Aid to
be in attendance when the pool is open. It became apparent a lot of pools didn't have the
attendant, so a letter was sent to all public and semi-public pools notifying them of the
requirement.
Terry Sanford, for Hawthorne Park Homeowners Association (HOA) —He understood there was
no requirement on semi-public pools that are privately owned; He feels the regulation was meant
for pools of commercial entities. He submitted this variance request for discretionary relief. He
doesn't thing that a full-time attendant is an appropriate need for the pool, which is very slightly
used. This is a small,private community.
Cooper—He has a letter for one homeowner; she says she rents it her home when she's not using
it. He feels that could constitute a commercial use.
Sanford—There are plenty of residential pools on rental properties;in his mind it is the intensity
of the use. The ability to create shared amenities is an attractive selling point and is supported by
zoning, planning, and architectural review. It isn't economically possible to do this on a
community of this side.
Ryan Sillery, owner 9 & 13 Finback Road—The requirement would be a huge economic burden
on the community by increasing dues 50%.
Cooper—He thinks it is short money to pay someone a going wage to protect anyone who falls in
that pool.You are asking us to drop the requirement that someone be at the pool all the time.
Sillery— He agrees with Mr. Cooper about the short money; but it's his responsibility to take care
of his children and guests; that's where "swim at your own risk" comes in. Stated he lives in his
Page 4 of 7
BOH Minutes for November 21,2019,adopted Dec. 19
Sanford — He likes the idea of coming up with a protocol. Asked for some guidance about what
might be appropriate and what the core concerns are that are driving this.
Cooper—We are most interested in protection for people during the hours the pool is open and
there being someone on site to pull a drowning person out of the pool and call 911.
Higgins — Her concern is public safety. The burden is on the HOAs to come up with a way to
protect public safety. Pools are a luxury.
Action Variance Request withdrawn.
Vote N/A
13. Waiver request: Finback Homeowners Association—requirement for attendant at all times
Sitting Visco,MacNab, Cooper,Higgins
Documentation Supporting documents and plans, staff recommendations.
Discussion See above.
Action Variance Request withdrawn.
Vote N/A
14. Waiver request: Rugged Scott Owners Association Trust—pool attendant
Sitting Visco,MacNab, Cooper,Higgins
Documentation Supporting documents and plans, staff recommendations.
Discussion See above.
Asked if she could withdraw this request.
Action Variance Request withdrawn.
Vote N/A
VI. BOH BUSINESS
1. Long Pond Study:
Santamaria — Finally received the SMAST model and the technical memorandum. It's on the agenda to have a
preliminary discussion on the water quality report. We will have a public hearing on December 19'; that allows
time to read the report. Reviewed suggested five scenarios for improving the water quality. None of the five
scenarios alone meet the TMDL levels set by the State.
Bill Grieder, Co-president Madaket Conservation Association (MCA) — MCA has expanded, and we now
represent 300-500 homes in the Madaket area. This report was a long time coming. It was stated that no scenario
meets the objective; we've said all along that we didn't think any one solution would solve the problem because
it's a vast area with houses sewer can't reach. The total package needs to look at all of Nantucket. This is not a
Madaket issue, it is an Island-wide issue. The question is what we as a community have to do to make this work
and not focus on any one solution.
Emily Molden, Nantucket Land Council — Hasn't had a chance to review the report; she's glad to hear it will
come back on December 19.
Linda Dunning — Attendance at the December 19 meeting could be problematic due to the proximity to
Christmas. Asked if the BOH has experience on the attendance that close to Christmas. The second point is this
is about having a conversation on the issue to find a solution.
Visco —His experience is that there aren't a lot of people around in January.
Santamaria—We don't have to close the public hearing on December 19th. The Select Board will hold a hearing.
This document has a lot of impact across the whole Island.
2. Santamaria — Don't have deer numbers; lost our processing facility. The property had to go up for sale and are
looking for a new processing facility.
VII. ADDITIONAL DOCUMENTS USED
1. Draft BOH Minutes October 17, 2019
2. SMAST Estuaries Model Report
3. Technical memorandum
Page 6 of 7