HomeMy WebLinkAbout2019-12-19BOH Minutes for December 19, 2019, adopted Jan. 16, 2020
BOARD OF HEALTH
Meeting
Town of Nantucket 2420 JAN 22 AM 10: 4b
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, Rita Higgins
Staff. Roberto Santamaria, Artell Crowley, Kathy LaFavre, John Hedden, Anne Barrett, Hank Ross
-- MINUTES --
Thursday, December 19, 2019
4 Fairgrounds Road, Community Room — 3:30 pm
Called to order at 3:40 p.m.
Staff in attendance: R. Santamaria, Health Director; A. Crowley, Assistant Health Director; K. LaFavre,
Health Inspector; T. Norton, Town Minutes Taker
Attending Members: Stephen Visco; Malcolm MacNab, MD, PHD; James Cooper; Helene Weld, RN; Rita
Higgins, Select Board
Early MacNab, 5:42
Agenda adoptcd by unanimous consent
1. N one
Ill. DIRECTOR'S REPORT
1. In the interest of saving time, he provided a written Report, which is an overview of inspections completed
coming up on the Holiday season.
1. November 21,2019: Motion to Approve. (made by: MacNab) (seconded by: Cooper) Carried unanimously
V. PUBLIC HEARING
Regulation 51 Madaket Watershed
Sitting Visco, MacNab, Cooper, Weld, Higgins
Documentation Supporting documents and plans, staff recommendations.
Discussion Motion to Open public hearing at 3:42 p.m. (made by: Cooper) (seconded by: Weld) Carried
unanimously
Santamaria — Regulations mirror the Harbor Watershed District. The start of the regulations was
delayed for the SMAST report, which was finally delivered in November. The hearing is to accept
a date of last year, July 1, 2019, or postpone it.
Higgins — Seems there have been a number of setback variances in Madaket. I/A's are large and
wonders about seeing more variance requests.
Santamaria — We will see those because of the number of private wells. Town water is to be
extended into other areas of Madaket. We allow setbacks consistent with Title 5. We have seen
saltwater intrusion from wells into septic systems which makes I/A systems work harder; we
would recommend connecting to Town water. We have seen three 100 -year storms in the last five
years, so flooding is something to be considered.
Leslie Forbes, Madaket Conservation Association (MCA) — The boundaries of where the
regulations would apply references Broad Creek, which hasn't been around for a long time; and it
didn't cover a lot of Madaket. The Madaket Harbor Watershed Protection District Zones A & B
map should be on the Town website.
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Santamaria — The idea was brought up when the regulation was written, the boundaries were
done using land marks. Broad Creek no longer exists. We are now using the GIS map; he will
present that map.
Forbes — One member of MCA asked about how this would apply to shared septic systems. In
one of the cases, the owner of one of five units decided to sell the unit; asked how this regulation
impacts the other four owners.
MacNab — Someone asked him the same question.
Santamaria — As he understands it, at the transfer of one unit, the shared septic would be
required to upgrade. The covenant should indicate how much of the cost each unit is responsible
for. All five property owners have to pay to upgrade/repair the system.
Crowley — These are undersized lots where the nitrogen load has to be resolved.
Santamaria — Some of these condos are built on crawl spaces and built out to the max.
Emily Molden, Nantucket Land Council (NLC) — The NLC supports this regulation. Cited other
areas that need work to help improve the harbor water quality. Based upon the report, the
requirement to an I/A, there is an allowed variance should sewer become available; doesn't see
that in the regulations.
MacNab — That variance applies to the whole Island.
Forbes — This regulation addresses two I/A systems: SeptiTech® and one other; when you go to
the Massachusetts Alternative Septic System Test Center, they list more systems divided into
general use and provisional use. On the Cape, other systems are acceptable.
Crowley — There are only five I/A systems that are nitrogen technology approved by the
Massachusetts Department of Environmental Protection (MassDEP); those are the ones that must
be used.
Don Bracken, Bracken Engineering — About provisional use, if a system is tested and it isn't
removing nitrogen as it should, under provisional use, it has failed.
Santamaria — The nitric system requires a couple of reactive barriers below the leach field as well
as down grading; it has to be a certain distance from the leach field, which only works on large
properties. In Madaket you see a lot of nitric systems because of the lack of space. Reviewed some
of the other I/A systems. Space and cost are the two big factors.
Higgins — Asked about the aquaculture in conjunction with I/A systems.
Santamaria — There were five scenarios addressing Hither Creek aquaculture in conjunction with
I/A systems in Madaket; it doesn't bring it 100% down to the 0.45 ml per year requirement from
the total maximum daily load (TMDL). There are many ways to approach this.
MacNab — Sewering is 100% reduction. Here we calculate oxygen level and water depths and
have a whole thing about eel grass.
Molden — A lot of work that has been done is general mapping of eel grass but not the long-term
health of the beds. There are different variables at play in Madaket than in the Harbor.
Forbes — This is a model. There is no cost benefit analysis that goes with it If we have a budget
with no end you can do what you want, but we do have to balance a budget The idea of a multi -
pronged approach with costs attached to each approach is of benefit The SMAST Technical
Memorandum commented that what is going on at the Landfill is working but requires more
study. When talking in large terms of meeting TMDL in Madaket, we need to talk about all the
efforts to bring that down. Noted that the compost piles at the Landfill are huge and probably
contain a lot of nitrogen.
MacNab — He estimates Madaket residents have spent $5.6m while we debate sewer to Madaket
and will spend more. That isn't fair to them when they will be required to pay for the sewer to go
in. It is illogical in his mind not to put sewer to Madaket, which provides 100% nitrogen reduction
and reduction of other pollutants. This isn't just Madaket, it is an Island -wide issue. If we don't
have a clean environment and clean water, the parking problem will cease to be an issue.
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Forbes — Part of the multi -prong solution is put zoning in place to prevent density; the Madaket
Area Plan is in place to protect the area.
Higgins — None of the other scenarios will reduce the TMDL as much as it needs to be; that isn't
encouraging. She's concerned about flood maps, cost of coastal resiliency, and emergent
contaminants. The Select Board has been looking to the BOH, but it's time for this to go back to
the Select Board.
Santamaria — So do we set a date or push it back or strike it completely. At any time, we can
request more information/studies from the Select Board.
Cooper — If we agree on sewer in Madaket, what is the timeline before that starts.
Santamaria — For Shimmo, the planning was completed when the vote passed in Annual Town
Meeting (ATM). From ATM to shovel in the ground was just under a year.
Cooper — We're looking at a minimum of three years; the question is what do we do for those
three years and how much money is going to be spent by residents who will each have a 10 -year
variance.
Santamaria — The State Revolving Fund has been beefed up over the past year. The Cape would
get priority since they are behind the curve; Nantucket is ahead of the curve.
Discussion about how to speed up the process of getting sewer to Madaket.
Visco — In the studies, he didn't see any numbers for isotopes or human coliforms. He'd be more
in favor of putting off implementation of the regulation until we see how people vote regarding
sewer.
MacNab — Wastewater nitro reduction creates the greatest benefit to the harbors. With sewer,
nitrogen and all that other stuff won't go into the groundwater. However, if we implement it, it is
an unfair burden on the residents of Madaket. The BOH should push the Select Board to move
forward on sewer to Madaket.
Higgins — Without more discussion, the Select Board will have a lot of questions about the cost
and what more does BOH need to know and is there a way to soften the blow to residents.
Cooper — Madaket will be sewered at some point in the future. There is no way to regulate it, so it
never has to be sewered. Agrees with Mr. MacNab about moving forward.
Higgins — The study results don't speak to how I/A will get the TMDL down to the target level.
Cooper — If we don't' do anything, asked if we can get the State to agree to allow tight tanks.
Santamaria — We can ask the State to look into it; the chances of approval is very slim because
I/A systems can be installed. Madaket as a whole isn't an area of active erosion. The State
considers tight tanks as a very last resort.
Higgins — Right now, if someone puts in an I/A system, the have a 10 -year variance against
hooking to sewer.
Visco — We can always extend the 10 -year variance.
Weld — Given the reality of the 3 -year timeframe of getting sewer to Madaket, it is probably going
to be closer to 5 years.
Motion to Close the public Hearing at 4:34 p.m. (made by: Weld) (seconded by: Cooper)
Carried Unanimously
MacNab — Thinks we should implement the regulation now and have staff explore ways to
amend the regulation and extend financial assistance to the involved residents and the BOH urge
Select Board to get behind the sewer to Madaket.
Higgins — It could take months to get the cost information and present to the Select Board. If at
that time, they might say at that time they don't want to sewer; her concern is what would happen.
Santamaria — If the regulation implementation date is changed, we need to reopen the public
hearing with 3 -weeks' notice.
Action Motion to Implement Regulation 51 Madaket Watershed in three months, April 16, 2020,
with the caveat that all the cost analysis information be presented before that. (made by:
MacNab) (seconded by: Cooper)
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BOH Minutes for December 19, 2019, adopted Jan. 16, 2020
Carried unanimously
BOH UPDATESDISCUSSIONS
1. Genetic Mice Update — New Steering Committee Members
Discussion MacNab — The BOH nominated a steering committee, which has met only once without a
chairman and they are mixed up about the roles and responsibility. To get it organized, the Select
Board nominated Ms. Higgins to the committee. Listed others on the committee: Ms. Danica
Connors, Mr. Dave Gagnon, Dr. John Goldman, Dr. Emily Goldstein Murphy, Ms. Rita Higgins,
Dr. Malcohn MacNab, and Rev. Max Wolf He is scheduling a January 9's meeting; the BOH
should review and approve the charter. The Steering Committee's February 7' meeting will be to
become familiar with the charter.
2. Waste Hauler Regulations
Discussion Santamaria — He is working with BOH and Department of Public Works (DPW). Once Town
Counsel approves the regulations, we can schedule a special meeting to vote on them.
Rob McNeil, Director DPW — MassDEP sent a model for regulations. He has spoken to Island
haulers. Reviewed the proposed regulations. With these regulations in place, Nantucket would be
eligible for MassDEP grants to support our programs. Clarified the Hauler Fees per business entity
and per independent truck. Explained the definitions for business haulers, independent contractors,
different types of waste. Right now, 75% Island waste is hauled to us and 25% is dropped off; there
are benefits to using commercial haulers, namely traffic coming into the facility and back up on
Madaket Road.
BOH APPLICATIONS
. Variance request: 24 Wanoma Way (92.4-212) - Local Reg 66.01 A.1 new construction leach pit
Sitting Visco, MacNab, Cooper, Weld, Higgins
Documentation Supporting documents and plans, staff recommendations.
Discussion Don Bracken, Bracken Engineering — With Steven Cohen, Cohen & Cohen Law P.0 for the
applicant. Explained what led to this request. The system was approved for 4 bedrooms; the
house is a 6 -room house with additional 3 rooms in the basement but still only 4 bedrooms.
Asking to keep the leach pit where it is as the rest of the system is upgraded.
Crowley — The biggest issue is this is new construction, so compliance is required just like if it
were a vacant lot. Most variances are granted for failed systems, which are being repaired. If they
can't comply, granting the variance opens the doors for every lot that has reached maximum
buildout and wants to further expand. The Building Department issued a permit to do
something the Health Department never saw. The Building Inspector did a framing inspection
and noted the work was beyond the scope that was approved and told them they had to go the
Health Department. The work was stopped at the framing point Recommend not granting the
variance.
Higgins — Asked if the Building Department came out for or against denial -
Crowley — He doesn't know but they stopped work at the framing stage.
Cooper — Asked when the Health Department issued the cease and desist.
Crowley — The moment they came to us, which was at the framing point. The cease and desist
was issued because they did not have a compliant septic.
Cohen — Feels Mr. Crowley's information is slightly correct but more negative than it actually is.
The issue was a combination of lack of understanding of the complicated scenario and failure of
the Building Department to act as the stopping point for issuing a permit When they framed out
the building, they framed out a room with a closet, which the inspector felt was more of a
bedroom than finishing basement space. The contractor was under the impression he had a valid
building permit and the work could be finished out Explained there are two wells on the
property and only one is the potable water well. Hopes the Board finds a net benefit The
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BOH Minutes for December 19, 2019, adopted Jan. 16, 2020
building permit was for three separate, finished room with no bedrooms; there is no bathroom
in the basement.
Cooper — Asked if when they get the permit, are they supposed to bring it to the Health
Department.
Crowley — Any Building Permit that impact the septic should come to us.
Santamaria — When the Building Department sees that the permit impacts septic, the Building
Department wont issue the permit until they come to the Health Department.
Cooper — Asked if the contractor stopped when he received the cease and desist.
Cohen — He kept building because he thought it could be corrected with a simple variance. He
did not do the right thing.
Santamaria — When we denied the signature on the building permit, they should have stopped
but didn't. When we found out work had continued, we issued the cease and desist.
Crowley — He sent the letter May 2; the cease and desist went out July 29'.
Cohen — There is no change in the location of the leach pit, which is in the road layout; there is
no change to its distance from the wells. We will voluntarily do an I/A upgrade with keeping the
current leach pit.
Visco — If the plan had been properly reviewed, the permit would have been denied.
Crowley — Upgrading to an I/A system won't make the system compliant. The regulations
require the system be made compliant. There are more people and more effluent and the system
will eventually fail.
Santamaria — Noted that the contractor knew what he was doing was wrong; whether or not
the homeowner knew is unknown.
Cohen — Argued that the contractor stopped when he realized what was wrong. Stated it is
unlikely that other building permits would be issued under a similar scenario.
Visco — Asked if the egress window was on the original plan.
Bracken — That was under a different permit.
Cohen — Argued that since the work was done under a valid building permit, the BOH should
work with them and grant the variance. It started off correctly but proceeded to a mess; there
were mistakes all along by different people along the way.
Cooper — Another I/A system wouldn't fit in there.
Crowley — New construction requires that the septic system complies; this proposal does not
comply and can't be made to comply. If you grant the variance, you will allow over development
of a property; many more will come before you. Eventually an I/A will have to go in there; one
way or another it is going to happen.
Visco — The elevation is high and water flow is toward the ocean.
Action
Motion to Deny the variance. (made by: Cooper) (seconded by: Weld)
Vote
Carried unanimously
2. Update: 272 Polpis — more information regarding well location
Sitting
Visco, Cooper, Weld, Higgins
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Santamaria — The applicant has asked this be continued.
Action
Continued at applicant's request.
Vote
N/A
3. Request for Loan: Mailloux, 13 Hawthorne Lane (56-264) - connect to municipal sewer
Sitting
Visco, Cooper, Weld, Higgins
Documentation
Supporting documents and plans, staff recommendations.
Discussion
None
Action
Motion to Approve. (made by: Cooper) (seconded by: Weld)
Vote
Carried
4. Waiver Request: Westmoor Club - 105 CMR 590 food code waiver of a floor drain
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BOH :Minutes for December 19, 2019, adopted Jan. 16, 2020
Sitting Visco, Cooper, Weld, Higgins
Documentation Supporting documents and plans, staff recommendations.
Discussion Santamaria — They are asking to expand the food preparation area into a space without the drain.
We do not recommend approval.
Consensus agrees the drain should go in.
Action Motion to Deny. (made by: Weld) (seconded by: Cooper)
Vote Carried unanimously
BOARD MEMBER UPDATES AND CONCERNS
1. Cooper — We've been backing up on the Madaket regulations for years. We need to move on it.
ADDITIONAL DOCUMENTS
1. Draft BOH Minutes November 21, 2019
ADJOURNX.
Adjourned by unanimous consent at 5:46 p.m.
Submitted by:
Terry L. Norton
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