HomeMy WebLinkAboutOctober 20, 2022 BOH Minutes for October 20,2022,adopted Nov. 17 }
BOARD OF HEALTH °' r �-
p 7ucl� t WA!tom Fp; �� .y t ��,�
_ Meeting
•
Town of Nantucket
32 Am 10
���.�eo 131 Pleasant Street
\9'°QA'AS � Nantucket,Massachusetts 02554
www.nantucket-ma.gov
Commissioners: Stephen Visco (chair),James Cooper,Meredith Lepore, Kerry McKenna,Brooke Mohr
Staff:Roberto Santamaria,Kathy LaFavre,John Hedden,Cathy Flynn,Jake Visco,Sean Reid,Anne Barrett
— MINUTES —
Thursday, October 20, 2022
4 Fairground Road, Community Room
This meeting was held via remote participation using ZOOM and YouTube.
Called to order at 4:00 p.m.
Staff in attendance: R. Santamaria, Health Director; K. LaFavre, Health Inspector;J. Hedden, Health Inspector;J.
Visco, Health Inspector;S. Reid,Health Inspector;T. Norton,Town Minutes Taker
Attending Members: Meredith Lepore (acting chair);James Cooper;Brooke Mohr, Select Board;Kerry McKenna
Absent Members: Stephen Visco
I. ANNOUNCEMENTS
II. PUBLIC COMMENTS-ANY MEMBER OF THE PUBLIC MAY ADDRESS COMMISSIONERS AT THIS•TIME
1. None
III. APPROVAL OF MINUTES
1. September 15, 2022
Action Motion to Approve as drafted (made by:McKenna) (seconded)
Vote Carried unanimously
IV. DIRECTOR'S REPORT
V. BOH APPLICATIONS REVIEW
1. Loan request for Jennifer Fraker, 1H Street, 60.1.2-65,MHWS, Zone A, septic repair
2. Loan Request for Garret Roberts,29 Long Pond Drive, 59.4-19,MHWS Zone A, septic repair
3. Loan Request for Hobson-Dupont, 11 Washington Avenue, 6021-41,MHWS Zone A, septic repair
4. Loan Request for Susan Landmann, 6 Squam Road,21-49, septic repair
Sitting Lepore, Cooper,McKenna,Mohr
Documentation Supporting documents and plans, staff recommendations.
Discussion Santamaria -These are all septic repairs with I/A systems in compliance. We have no objections
to approval of these loans. We are putting in a request for more money at the 2023 Town
Meeting; it will also restrict the loans to year-round residents which is more in keeping with the
spirit of the program.
Action Motion to Approve. (made by: Mohr) (seconded)
Roll-call vote Carried unanimously
Page 1of5
BOH Minutes for October 20,2022,adopted Nov. 17
5. Variance for 6 Squam Road, 21-49,reduction of setbacks to property line
Sitting Lepore, Cooper,McKenna,Mohr
Documentation Supporting documents and staff recommendations.
Discussion Santamaria='This is for the new system. We have no objections. The variance is for a property
line setback with the system in full compliance.
Hedden — Abutters were notified of this request per Title V. They're replacing an old leach pit
with a bed using maximum feasible compliance. There have been no concerns from the neighbor.
Action Motion to Approve. (made by: Cooper) (seconded)
Vote Carried unanimously
6. Condemnation of 28 Sheep Pond Road, 63-34, due to septic system failure
Sitting Lepore, Cooper,McKenna,Mohr
Documentation Supporting documents and plans, staff recommendations.
Discussion Santamaria — Need to ratify the condemnation; the dune has receded and exposed the system.
Once the new system is installed, the condemnation is lifted
Action Motion to Ratify the condemnation. (made by: Cooper) (seconded)
Vote Carried unanimously
VI. BOH BUSINESS
1. Discussion of seating at Bar Yoshi
Sitting Lepore, Cooper,McKenna,Mohr
Documentation Food Establishment Permit Application,inspection documentation, staff recommendations
Representative Steven Cohen, Cohen&Cohen Law P.0
Terrence Noyes, owner
Public None
Discussion (4:07) Cohen — Explained why he thinks this issue is now moot due to steps they are taking to rectify
the situation. There are 64 areas where someone can be seated; we are proposing having only 50
chairs available to patrons; there would be a different area available only to employees. Once the
weather gets cold, the seating will move inside where there are only 42 seats. They have NIR
permission to use the adjacent Slip 14 bathroom; he thinks both restaurants should be credited
with use of that bathroom. Mr. Noyes will be renting the space across the path for additional
restaurant space next season — raw bar and alcohol with no cooking. Working with Mr. Hedden
on the transfer of food.A fully handicapped bathroom will be built in that facility giving them Bar
Yoshi of their own bathrooms to cover their occupancy of both structures.
McKenna—The NIR bathroom is a Slip 14 public bathroom; confirmed that would be taken out
of the equation once the new bathroom is built.
Santamaria—In the Slip 14 lease, asked who is responsible for the bathroom maintenance.
Cohen — Slip 14 maintains the bathroom. For the rest of the season, we want the BOH to
recognize the Slip 14 bathroom and the reduction to 50 seats. The patio outside has already been
broken down.
Hedden — They are allowed 50 seats with 1 bathroom. There were 3 violations on 3 separate
inspections over the summer.At the last meeting you voted to uphold the enforcement.
Mohr—If you commit to only 50 chairs,you don't need the second bathroom.
McKenna—Asked for clarification on what the BOH is ruling.
Santamaria—Reiterating 50 patron chairs.
Action Consensus approves the 50 chairs.
Vote N/A
Page 2 of 5
BOH Minutes for October 20,2022,adopted Nov. 17
2. Discussion of seating at Millie's Restaurant
Sitting Lepore, Cooper,McKenna,Mohr
Documentation Documentation of past violations;2014 letter from Richard Ray;Minutes October 16, 2014
Representative Steven Cohen, Cohen&Cohen Law P.0
Dunadel Daryoush,Millie's Manager
Public Bill Grieder, 10 F Street
Discussion (4:22) Cohen — This came up originally in 2014 when neighbors complained about noise and parking.
We ensured we had everything in place to address those concerns. The Planning Board permit
says Millie's can have 124 seats total indoors and outdoors. Another issue is Millie's acts as the
public bathroom for Madaket Beach; up to 300 people use the bathroom who aren't paying
patrons; there was an attempt by the Planning Board to address how that impacts the restaurants
and the area. Read into the record a letter from Richard Ray about the BOH approval of the
special permit restrictions.The implementation of the 124 seated patron has been consistent since
2014 by using an electronic system that tracks open checks. Hoping the BOH will honor that
system. The accommodation of Millie's allowing public use of its bathrooms does tax the, septic
system but is better than prohibiting public use.Want the BOH to recognize its 2014 decision.
Lepore—Doesn't recall it ever being mentioned that the system was pumped monthly.
Cohen — The manager confirms ,that the grease trap is cleared every 2 weeks and the septic is
pumped monthly. The septic leaches and perks efficiently in the sandy soil.
Mohr—Regarding interior space,asked when it was reconfigured for stand-up high-top tables.
Cohen—Those were in existence in 2014.
Mohr — People who are standing don't count even if they drinking and d eating; do they count as
open checks.
Cohen —Yes, according to Title 5, which is based upon a formula. The downstairs bar does not
serve.food. Those tables do count as open checks not seated. The reservations system tracks how
many people are seated.
Cooper—The permit says 124 people
Cohen—If they removed all the chairs, they could have 200 people as allowed by the Fire Code.
Hedden—The application in Title V says 124 seats. Brian Dudley, former Head of wastewater for
Massachusetts Department of Environmental Protection, agreed standing drinkers count toward
the septic as well; that includes the dishwasher, cleaning, etc. The problem is what's going into the
ground.
Cooper—If you have 124 people eating and more people come in for a drink, they don't count to
the 124 seats.
Cohen—They don't count;Millie's has been operating that way.
Santamaria—Read the motion from the 2014 minutes.
Lepore — Asked how many Island restaurants'are on septic (4). Asked how they keep the bar
checks and food checks separate.
Cohen—The reservation system. For 8 years-we've been counting seated patrons.
Further discussion about one patron equals one seat and capacity is 124 seats and a person counts
against the 124 seats whether or not they are.sitting at a table or standing at the bar.
McKenna — It comes down to what the septic system can handle; the septic capacity is allowed
4,870 gallons per day and that is all water going down the drain. There is water usage that
accompanies every person who comes in.
Cooper — In his mind, if a person walks in, they should be able to sit down. If 124 people are
already seated, they can't sit and you're making them stand.
Cohen—Under Title V,you're allowed.
Mohr — She wants a DEP read on a definition of a seat and how standing customers wouldn't
count. She believes people stand at the high-tops and eat. We need to craft a motion clearer than
the 2014 motion which counts a standing customer against the 124 seats.
Page 3 of 5
BOH Minutes for October 20,2022,adopted Nov. 17
Santamaria — We're running into management of expectations. With the season closed, we can
come up with a plan and interpretation.
Cohen—We'll work the staff and comes back with a plant that's a public health service.
Hedden— 124 seats up would make things simple.
Grieder—Thanked the department for doing the inspections. Last month, a rep said it was the 1st
time Millie's was cited,which was true but there had been violations.The idea that the system rests
in the off season; the reason it's there is for environmental and nitrogen load and when it's in use,
it's loading nitrogen into the system. Also, the 124 cap doesn't include employees, patrons at the
store,public who stop to use the bathroom, and standing patrons eating.
Daryoush — The discussion is fruitful and enlightening. Mr. Hedden and Mr. Visco came out
several times this past summer; there is enforcement. The number of seats is reflected in the size
of our staff. We are the public bathroom for the west end;he feels Millie's has become a custodian
of the west end.
Action No action at this time.
Vote N/A
3. Discussion of short-term rentals (STR)
Sitting Lepore, Cooper,McKenna,Mohr
Documentation STR registration application;BOH Strategic Plan
Representative None
Public None
Discussion (5:02) Santamaria — He's been in meetings with Granicus to set up the software. The applications will
be available on the website November 1s`, but we won't be accepting applications until January 1,
2023.We'll probably need another staff member or 2, depending on the number of STRs we get.
McKenna—Asked if there's a mass mailing going out to property owners.
Santamaria — The initial push will be obvious rentals. Granicus scours rental websites tagging
Nantucket keyword; they will reach out directly to them. They will also do a mass mailing to
anyone on the State list,which includes all properties previously registered. The last step is mailing
those we haven't seen.
McKenna — Regarding the 5-year plan 2017-2022, asked if there will be a new 5-year plan for
2023-2028.
Santamaria—Yes; he's been talking with Janet Scholte, Strategic Planner. Once the Select Board
plan is done, he'll meet with Ms. Scholte to get ours updated for 2023-2028. It'll be a full-blown
strategic plan process.
Mohr—Asked if the final version of the application has been forwarded from Town Counsel.
Santamaria — Once the application is live, we'll post it on the website; he'll forward it out to
BOH members tomorrow.
Lepore—Asked if anyone wants to take her place on the Marijuana Advisory Committee.
Cooper—Volunteered.
Santamaria—He'll let Ms. Mooney know.
Action No action
Vote N/A
4. Ms. Lepore asked for someone to take over her position as representative for the Marijuana committee. With the
STR committee, she has too much to do.They meet once a month.
Mr. Cooper volunteered.
Mr. Santamaria said he would contact Erika Mooney about Mr. Cooper taking over for Ms. Lepore.
VII. ADDITIONAL DOCUMENTS USED
1. Draft BOH Minutes September 15,2022
2. STR registration applications
Page 4 of 5
BOH Minutes for October 20,2022,adopted Nov.17
VIII. ADJOURN
Action Motion to Adjourn at 5:10 pin (made by: Mohr) (seconded)
Vote Carried unanimously
Submitted by:
Terry L. Norton
Page 5 of 5