HomeMy WebLinkAboutAugust 19, 2021 BOH Minutes for August 19,2021,adopted Sept. 16
BOARD OF HEALTH r;
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s Town of Nantucket il''q •
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y 131 Pleasant Street
��9PaAp Nantucket, Massachusetts 02554
www.nantucket-ma.gov
Commissioners: Stephen Visco (chair),Malcolm MacNab,MD,PHD (Vice chair),James Cooper, Meredith Lepore, Melissa I\lurphv
Staff: Roberto Santamaria,Artell Crowley, Kathy LaFavre,John Hedden, Anne Barrett
— MINUTES —
Thursday,August 19, 2021
This meeting was held via remote participation using ZOOM and YouTube,
Pursuant to Governor Baker's March 12, 2020 Order Regarding Open Meeting Law
Called to order at 4:00 pm. by Mr. Visco
Staff in attendance: R. Santamaria, Health Director; A. Crowley, Assistant Health Director; K. LaFavre,
Health Inspector;J. Hedden, Health Inspector;T. Norton,Town Minutes Taker
Attending Members: Stephen Visco; Malcolm MacNab, MD, PHD; James Cooper; Meredith Lepore; Melissa
Murphy, Select Board
l,ate arrival: MacNab, 4:23 pm
I. ANNOUNCEMENTS
II. ELECTION OF OFFICERS
Held until Dr. MacNab arrived.
1. Chair
Action Nominate Mr. Visco for Chair. (made by: MacNab) (seconded)
Roll-call vote Carried unanimously//Cooper,Murphy,MacNab, Lepore, and Visco-aye
2. Vice Chair
Action Nominate Dr. MacNab for Vice-chair. (made by: Cooper) (seconded)
Roll-call vote Carried unanimously//Murphy, Cooper,Lepore, MacNab, and Visco-aye
3. Cannabis Advisory Committee (CAC) representative
Macnab — He is resigning from the Committee;Ms. Murphy is willing to do it.
Murphy—We should check with counsel about her representing both BOH and Select Board, if we want to
cross our Ts and dot our Is. pending review of Town
Action Nominate Ms. Murphy as the CAC representative for the BOH, p g
Counsel. (made by: MacNab) (seconded)
Roll-call vote Carried unanimously//Murphy, Cooper, Lepore, MacNab, and Visco-ave
III. PUBLIC COMMENTS—ANY MEMBER OF THE PUBLIC MAY ADDRESS COMMISSIONERS AT THIS TIME
1. None
IV. APPROVAL OF MINUTES
1. July 15, 2021
2. August 5, 2021
Action Motion to Approve. (made by: Cooper) (seconded)
Roll-call vote Carried 4-0//Cooper,Murphy,Lepore, and Visco-aye
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BOII Minutes for Au.ust 19,2021,ado-)red .c)1. i(
V. BOH APPLICATIONS REVIEW
1. Release of \CO 253 Madaket Road, compliant system being
59.4-270, g
Sitting _ �permlrted by '�antucket Surge;or
Visco, Cooper, Lepore, Murphy
1)ocunientation Supporting documents and plans, staff recommendations.
1)iscussion Santamaria—Recommend release
Action Motion to Approve the release. (made by: Murphy) 'seconded
Roll call vote Carried 4-0//Cooper, Murphy,Lepore, and Visco-aye
2. Request for ticket to be waiver Old South — flavored tobacco
Motion to 'Table until the applicant for the waiver arrives. (made by: Cooper) (seconded)
Carried 4-O//Cooper, Murphy,Lepore, and Visco-aye
Sitting Visco, MacNab, Cooper,Lepore, Murphy
1)oculncntatton Supporting documents and plans, staff recommendations.
I)iscussion Bob Collett — He went through all retailers in Town on a routine inspection. flavored tobacco
products are prohibited by the State. On the date of the inspection, he found several flavored
products at the Old South Market. There is no provision for a variance under the State law: the
State law supersedes local law in this case. The BOH can treat it as one offense or two separate
offenses. The fine for a 1" offense is $1,000 and $2,000 for a second offense. Recommends
looking at this as a 1" offense since he found both violations during the same inspection. Retailers
were sent letters by the State advising of the change in the State tobacco regulation.
Action Motion to treat this as a single offense with a $1,000 fine and deny the request for a waiver
of the fines. (made by: MacNab) (seconded)
Roll-call vote Carried unanimously//Cooper, Murphy, Lepore, MacNab, and Visco-aye
3. Variance Request for 80 Millbrook Road, 40-79.1, 56.02 A flow rate
Sitting Visco, Cooper, Lepore, Murphy
1)ocumentation Supporting documents and plans, staff recommendations.
1)iscussion Dan Mulloy, Site Design Engineering—Looking to increase to 18 bedrooms. There are three I A
systems with one leach field on the property. Loading rate is about 1 per -00sf.
Visco —We've allowed these in the past in this district;it is a net benefit.
Crowley — The Board has granted bedroom credits in Hummock Pond. With the credit, the-.
could go to 21 bedrooms but are going to only 18; that's equivalent to 9 bedrooms with a
conventional system. The system is over 300 feet from the well head. Staff recommends this.
Lepore—Asked if they could add more bedrooms if we approve this.
Crowley — Calculating the way bedrooms are done, they could have 9 bedrooms but 36 total
rooms. Their room count requires an 18-bedroom system. They can go to 21.
Mulloy—They would have to come back to ask for permission to go up to 21. It's a room-count
issue not 18 actual bedrooms.
Action Motion to Approve. (made by: Cooper) (seconded)
Roll-call vote Carried 4-0//Cooper,Lepore, Murphpy, and Visco-aye
4. Variance request for 265 Madaket Road, 59.4-319, setbacks 51.02 B, 51.02 C, 54.04 A
Sitting Visco, MacNab, Cooper,Lepore, Murphy
I)ocumentation Supporting documents and plans, staff recommendations.
1)iscussion Dan Mulloy, Site Design Engineering —This property has - active bedrooms and the BOH ftle�
says 3; we're trying to fix that. Asking for relief to go from 3 to 5 bedrooms with an I -A system.
11is client acquired the property in this condition.
Crowley — The main dwelling was approved for 2 bedrooms but now has 4 bedrooms and the
barn was converted into 2 bedrooms and the cottage always
had 1 bedn this
would be rewarding bad behavior. The I/A is already requied in Madaket�m thereAr�istno
r net
benefit.
Cooper— Asked if the buyer knew this was going on; how was ownership transferred without an
inspection. Asked if the current owner can correct any of this to bring it into compliance.
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BOH Minutes for August 19,2021,adopted Sept. 16
Mulloy — It was purchased through foreclosure. He didn't know what was on the property until
they could access it in May. Without the allowance, they would have to do some demolition to
eliminate the extra bedrooms.
Viseo — Buyer beware; he purchased a 3-bedroom septic. We can't give him 2 bedrooms because
the previous owner added 4 without permission. The owner could upgrade the system, but it
would have to be to a 5-bedroom I/A system.
Cooper—If you give him the variance, he gets 2 bedrooms where there shouldn't be any; that sets
a precedent.
Action Motion to Deny the variance request. (made by: Cooper) (seconded)
Roll-call vote Carried unanimously//Cooper, Murphy, MacNab, Lepore, and Visco-ave
5. Variance for 227 Madaket Road, 59-1.2, set- backs 51.02A, 52.02A & 51.405(1)f)
Sitting Visco,MacNab, Cooper, Lepore, Murphy
Documentation Supporting documents and plans, staff recommendations.
Discussion Don Bracken, Bracken Engineering— This relates to a septic upgrade to a new septi-tech system
with 5' separation from groundwater; it will meet State 50' setback requirements from wetlands.
We are asking for variances for 50' rather than 100' from the wetlands, relief for 10' rather than
50' setback to the foundation system, and 142' rather than 150' setback from the well. We have
Conservation Commission approval.
Crowley — This is maximum feasible compliance; this is the only place it can he sited.
Recommend approval of the variances.
Action Motion to Approve the variance. (made by: Murphy) (seconded)
Roll-call vote Carried unanimously//Cooper,Murphy,MacNab, Lepore, and Visco-aye
6. Variance for 153 Polpis Road, 44-13,Local BOH Reg 52.02(A) buffer zone
Sitting Visco, MacNab, Cooper, Lepore, Murphy
Documentation Supporting documents and plans, staff recommendations.
Discussion Jeff Blackwell, Blackwell & Assoc. — The property is within the Nantucket Harbor Watershed
District, the leach field 45' away from a wetland boundary. To renovate the structure, an upgrade
to a new leach field and septi-tech system is necessary. A new well will be installed.
Visco—This is maximum feasible compliance.
Crowley — This is a better system further from receptors and meets maximum feasible
compliance. Recommend granting the request.
Action Motion to Approve the variance. (made by: Murphy) (seconded)
Roll-call vote Carried unanimously//Cooper,Murphy,MacNab, Lepore, and Visco-aye
7. Variance for reduced oxygen packing for Noemi's Dumplings
Sitting Visco,MacNab, Cooper,Lepore, Murphy
Documentation Supporting documents and plans, staff recommendations.
Discussion Santamaria—This is a pretty standard request for vacuum packaging.
Hedden—They submitted a packaging plan,which he reviewed. He has no concerns.
Action Motion to Approve the request. (made by: Murphy) (seconded)
Roll-call vote Carried unanimously//Cooper, Murphy, MacNab, Lepore, and Visco-aye
8. Appeal tickets on 15A Young's Way, 68-328.4
Sitting Visco, MacNab, Cooper,Lepore, Murphy
Documentation Supporting documents and plans, staff recommendations.
Discussion Michael Pierce for Walter Glowacki Trust — Asked for a reconsideration of fines assessed over
the past week cited in BOH letters dated August 2 & 6. Violations included: the basement was not
a legal apartment; over-crowding, lack of stair rails, lack of bathroom fans, missing smoke and
CO' alarms, and someone sleeping illegally in the loft. Many of the August 2 violations have been
addressed. We found a place for the young family,who were living in the basement. There is now
a padlock on the basement door. Asked the Board when assessing the fines to consider that the
Trust must pay for the alternate housing for the young family. We were cited for one penalty for
1"-floor overcrowding,which was rectified; two other squatters have been removed.
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li011 Minutes for-August 19,2021, adopted Sept. 16
LaFavre — We were called by the Police on the overcrowding and basemer]T '
Reviewed the results of that inspection. They were fined for violations that ,_.ere notes .e
addressed and on-going violations. The basement apartment had no proper egress ar.a
missing smoke and CO2 alarms; they had 24 to 48 hours to vacate the property: from _August 2:
August 6 they were still occupying the basement. She is opposed to any waiver of the fine.
Lepore — We all know overcrowding is a horrible problem; she agrees with Ms. Lal-avre. ^e
finds it hard to believe no one knew the violations were going on.
MacNab—He also agrees. Excluding the fines sends the wrong message.
Cooper— He agrees but there's no place to go. He gets calls all the time from people looking for
someplace to rent.
Hedden He accompanied Ms. LaFavre on all the inspections. He's nor in favor of waiving the
fines.
Murphy — She appreciates the responsiveness of the owners; she agrees with even-thing said. "I-he
Town is being responsive to the affordable housing crisis. Lnfortunately, from decades of
inaction, we are now in a crisis. It would be irresponsible for us to forgive the fine and it
send the wrong message.
Pierce— There is a housing crisis here. It was a tough call for the landlord and my firm is '.orl n2
on managing the home now. Mr. Glowacki rented the basement to the young family and rented
another area; two other families found their way into the home. If the BOH isn't willing to rescind
the fine, we ask for a reduction. Feels they couldn't throw the residents onto the street.
Cooper — Asked if the BOH has the power to tell the Health Department that we are taking the
fines away.
Santamaria There is a process for the levying fines; if they appeal the fines, it will go to
Superior Court.
Action Motion to reject the repeal of the fines. (made by: MacNab) seconded,
Roll-call vote Carried unanimously//Cooper, Murphy, MacNab, Lepore, and Visco-aye
VI. BOH BUSINESS
1. Santamaria — Noted that this is Mr. Crowley's last BOH meeting before his retirement. Thanked him for his
many years of service.
2. BOl I direction on well-to-septic variances in Madaket
Sitting Visco, MacNab, Cooper, Lepore, Murphy
l)ocumentatlon Supporting documents and plans, staff recommendations.
l)iscussion Crowley — In 2006, the BOH allowed staff to grant variances under three conditions in order to
expedite some of the septic repairs. People from Madaket are now asking for relief from the 1
setback of the septic from a well; he questions granting relief when they can connect to Town
water. In some cases, the septic was being forced closer to the wetlands and the harbor or the
Madaket Ditch or Hither Creek; if they connect to Town water, that would allow the systems to
be set farther from those sensitive areas. He's looking for BOH guidance, should staff continue to
grant the variance or require them to connect to Town water.
Visco — It was a mistake not to mandate connection to Town water when it went to Madaket. In
his opinion, if there is a water line in front of your house, you should connect to it.
Bill Grieder President Madaket Conservation Association — We are concerned about the well-
being of Madaket Harbor and density; the setback for septic and wells helps maintain low densir.-
for Madaket. If wells are abandoned and even-one connects to Town sewer and water, that would
allow for secondary and tertiary dwellings and pools on lots that now can have only one structure.
Asked the Board to reschedule this discussion to a subsequent date.
MacNab — There are a lot of issues here; increased density- is a health issue for him. He feels we
need to think about it more and give the community time to respond. He wants to assess whether
or not it's true that going to Town water and sewer would increase density.
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BOH Minutes for August 19,2021,adopted Sept. 16
Visco — When we created the Harbor Watershed district, it required 10,000sf per bedroom. That
hasn't changed.
Crowley—There is no setback requirements for foundations, dwellings, or pools. A well could he
preserving land that would be developed. He's bringing this to the Board in order to keep septics
as far from sensitive areas as possible.
Murphy — Agrees with Dr. MacNab about taking the time to understand this and give the
community notice. She'd like to know if there is a way to work with other boards regarding
planning. It would be helpful for her to see Mr. Crowley's recommendation in writing.
Action Tabled for the next regular meeting.
Roll-call vote N/A
3. COVID Emergency Order Discussion
Sitting Visco, MacNab, Cooper, Lepore,Murphy
Documentation Supporting documents and plans, staff recommendations.
Discussion Santamaria — Since implementation of the mask order, daily case predictions from Sewer has
t was
ca
dropped; the current prediction is 5 new cases per dy; 2 weeks a�onttinu continuing 40
the smask order and
es a day. We still
have a large number of people on Island. He recommends
reevaluate it at the September 16th meeting.
Murphy—Asked for an update on the schools' plans.
Santamaria—The School Committee is meeting tonight. Ms Hallett was goingto forward
Lepore — The nurses met with the superintendent on Tuesday;
that recommendation to the School Committee. That recommendation is even-one wears masks
when indoors.
Murphy — She wonders if that complicates things for schools or if it is the best protection for
children.
Lepore —Continuing masking is important especially for the unvaccinated younger children.
MacNab—Asked if through contact tracing they ° s of large groups w the souce of recent octions.
fpeople going to
Santamaria—The first big jump was associated withgatherings
and from restaurants and catered events; that also resulted in restaurant workers being infected.
We are catching a lot of asymptomatic travelers who are showing positive. We are showing cases
R1.3, two weeks ago that was R2.6;we can see how quickly the mask order impacted transmission.
Cooper—Asked about the booster shot.
Santamaria — With the vaccinations and COVID, is waning
recoey ndss�ke start
new a
booster shot would be needed, just not when Center for ase Control recommends
giving booster shots on September 20th to immunocompromised people first. To get that shot, you
must get a notice from your primary care physician, and that notice will be added into your
records. They recommend the booster be the same manufacturer of your initial shots; but they arc
seeing that mixing works just as well. The booster should be given 8 months after your second
shot.
Robert Clough — Asked about the mask mandate with theupcoming wedding season. The
a comin
thought of not seeing the smiling faces of family be and friends
dtots stressing him suspend the masks. The wedding
. If we verify
vaccination status of all attendees, would the BOHg
will be indoors. Feels the risk is minimal with extra cautions of vaccination status and negative
testing.
Santamaria—The mask is the most effective way to avoid infections.
Visco —We will review the mask order on September 16`''. We need to protect the public and the
masks work;it's working across the State.
Murphy— She relies on the expertise of Mr. Santamaria's nd safety are ourpriority;n. lsh Large gatherings
be upengto ane
been a source of transmission. Public health a
creative solution for dealing with this, but if Mr. Santamariao psays it's not Septembersl6�.she
'�s of now,lthe mask
ort him.
MacNab —Things might change for the better
order is in place.
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1I Minutes for.Augu�t I).21 1. adopted ›ept. 12
Clough Asked if we can consider testing of all attendees as an option
Santamaria—We will look at that at the September 16 meeting.
VII. ADDITIONAL DOCUMENTS USED
1. Draft BON Minutes as listed
2. I.mergenc)' Order 16
VIII. ADJOURN
Action Motion to Adjourn at 5:48 pm. (made by: MacNab) (seconded)
Roll.call vote Carried unanimously//Cooper, MacNab, Murphy,Lepore, and Visco-ave
Submitted by:
'I'erry I,. Norton
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