HomeMy WebLinkAboutSeptermber 15 2022 BOH Minutes for September 15,2022,adopted Oct.20
BOARD OF HEALTH
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Nantucket,Massachusetts 02554
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Commissioners: Stephen Visco (chair),James Cooper,Meredith Lepore,Kerry McKenna,Brooke Mar•Lir :.. 1 .
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Staff: Roberto Santamaria,John Redden,.Kathy LaFavre, Cathy Flynn,Jake Visco,Anne Barrett 4.—
MINUTES —
Thursday, September 15, 2022
4 Fairground Road, Community Room co ; T:,
This meeting is also held via remote participation using ZOOM and YouTube.
Called to order at 4:00 pm. by Mr.Visco
Staff in attendance: J. Hedden, Chief Environmental Health Officer; C. Flynn, Health Inspector;J. Visco, Health
Inspector;T. Norton,Town Minutes Taker
Attending Members: Stephen Visco;James Cooper;Meredith Lepore;Brooke Mohr, Select Board;Kerry McKenna
Absent Members:
I. ANNOUNCEMENTS
II. PUBLIC COMMENTS-ANY MEMBER OF THE PUBLIC MAY ADDRESS COMMISSIONERS AT THIS TIME
1. None
III.APPROVAL OF MINUTES
1. August 18, 2022
Action Motion to Approve. (made by: Cooper) (seconded)
Roll-call.vote Carried 4-0//Lepore, Cooper,Km, and Visco-aye;Mohr abstain
IV. BOH APPLICATIONS REVIEW
1. Loan Application for 17 Bayberry, 67-66,Ellen Ray, septic to sewer
Sitting Visco, Cooper,Lepore,Mohr,McKenna
Documentation Supporting documents and plans, staff recommendations.
Speakers None
Discussion Hedden - Noted the property owner's primary residence is 15 Bayberry Lane. There has been
discussion about loans going only to the primary residence;moving forward, funds will be limited
so this is a discussion we will need to have.
Mohr - She's curious how the use of the secondary property would be considered; a seasonal
rental would not be as important as a year-round rental.
Visco-That is something we should discuss at the next meeting.
Action Motion to Approve the loan application. (made by: Cooper) (seconded)
Roll-call vote Carried 4-1//Lepore, Cooper,Mohr, and Visco-aye;McKenna-nay
2. Loan Application for 15 Bayberry, 67-65, Homer Ray III, septic to sewer
Sitting Visco, Cooper,Lepore,Mohr,McKenna
Documentation Supporting documents and plans, staff recommendations.
Speakers None
Discussion Hedden-This is similar but held by a different owner.
Action Motion to Approve the loan application. (made by: McKenna) (seconded)
Roll-call vote Carried 5-0//Lepore, Cooper,Mohr,McKenna, and Visco-aye
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BOH Minutes for September 15,2022,adopted Oct.20
3. Loan Application for 15 Massachusetts Avenue, 60.3.1-317, tight tank
Sitting Visco, Cooper,Lepore,Mohr,McKenna
Documentation Supporting documents and plans, staff recommendations.
Speakers None
Discussion Hedden — This is for a tight tank over Millie's Bridge where they are permitted. This is not a
primary residence;it's most likely a seasonal residence.
Cooper—If we've been giving the money for secondary residences,we should continue doing so.
Discussion about the amount of money left in the fund.
Visco—This is about separation not failure.
Action Motion to Approve the loan application. (made by: McKenna) (seconded)
Roll-call vote Carried 5-0//Lepore, Cooper,Mohr,McKenna, and Visco-aye
4. Variance request for 24 Medouie Creek Road, 20-2, set-back from property line
Sitting Visco, Cooper,Lepore,Mohr,McKenna
Documentation Supporting documents and plans, staff recommendations.
Speakers Don Bracken,Bracken Engineering for the applicant
Discussion Hedden—This variance is for the setback from the street. It's going in between the buffers to 2
wetlands.
Bracken — It's squeezed in at an old leeching pit with a setback of about 8' from the street line.
This is an I/A system. It's in the Harbor Watershed Area.
McKenna—There is a lot of impervious area,proposed.
Bracken — This has received Conservation Commission approval; the parking will be pervious
with a catch-basin drywell system.
Mohr—Asked if this,could be located where the pool is going or is the variance to allow for the
pool.
Hedden — There are 2 wetlands, and this is in the best location for those setbacks. If this went
where the pool is located, they would need a variance for the wetland setback. This meets
maximum feasible compliance.
Action Motion to Approve the variance. (made by: Cooper) (seconded)
Roll-call vote Carried 5-0//Lepore, Cooper,Mohr,McKenna, and Visco-aye
5. Variance request for 9 Columbus Avenue, 59.3-112, setbacks from wetlands
Sitting Visco, Cooper,Lepore,Mohr,McKenna
Documentation Supporting documents and plans, staff recommendations.
Speakers Art Gasbarro, Nantucket Engineering&Survey for Jeff Blackwell,Blackwell&Associates
Discussion Hedden L This is to get the leach field as far from the pond as possible. Staff has no objections.
Gasbarro — He reviewed Mr. Blackwell plans. This is for an upgrade to I/A and for increased
capacity. Its meets maximum feasible compliance.
Action Motion to Approve the variance. (made by: McKenna) (seconded)
Roll-call vote Carried 5-0//Lepore, Cooper,McKenna,Mohr, and Visco-aye
6. Variance request for 110 Surfside Rd, 80-6,Local Reg 64.04 B nitrogen loading
Sitting Visco, Cooper,Lepore,Mohr,McKenna
Documentation Supporting documents and plans, staff recommendations.
Speakers Art Gasbarro,Nantucket Engineering&Survey for the applicant
Discussion Hedden—This is for bedroom credit in the Wellhead Protection District.
Gasbarro —A conventional system would allow 10 bedrooms;we're asking for 12 bedrooms with
an I/A system. It's consistent with other approvals;the lot is 105,000 square feet.The plan is for a
main dwelling and ancillary structures.
Action Motion to Approve the variance. (made by: Cooper) (seconded)
Roll-call vote Carried 4-0//Lepore, Cooper,McKenna, and Visco-aye;Mohr-abstain
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BOH Minutes for September 15,2022,adopted Oct.20
7. Restriction of 167 Surfside Road, 87-118,to I/A system
Sitting Visco, Cooper,Lepore, Mohr,McKenna.
Documentation . Supporting documents and plans, staff recommendations.
Speakers Dan Mulloy, Site Design Engineering for the applicant
Discussion Hedden — This is part of 2 properties; 11 Western,Avenue currently has a 4-bedroom system
with this lot having the septic.system. The system straddles both these lots; this property should
be restricted to an I/A system for 1 bedroom.
McKenna—His concern is the number of people being jammed into a small area and the impact
on the Island. Every lot can go to its max and we don't know the Island's capacity. We are on the
3`d approval on 4 lots in this area.
Mulloy — It's a lot of record; at the last meeting, a similar application was approved for 4
Canonicus. This is essentially the same application.
Action Motion to.Approve restricted to a 1-bedroom I/A system. (made by: Mohr) (seconded)
Roll-call vote Carried 5-0//Lepore, Cooper,Mohr,McKenna, and Visco-aye
8. Request from 8 Sachems Road, 30-239, to build pool with violations on property—Continued to October
9. Next Level Water Sports operating a camp without a permit contesting ticket
Sitting Visco, Cooper,Lepore,Mohr,McKenna
Documentation Supporting documents and plans, staff recommendations.
Speakers Jim Mondani, for Next Level Sports
John Berry,Next Level Sports co-owner
Discussion Mondani—This is to appeal the order for cessation of recreational activities.We:feel the activities
aren't subject to the camp regulations. His clients offer semi-private classes; it's a business and
doesn't fit the definition for a traditional camp. His clients are required to obtain a business license
through the Town and must comply with USCG and Harbormaster regulations. The Town
enforces the regulations set forth by the State Board of Health; reviewed those regulations.
Meeting those regulations would be onerous.
J. Visco — This ticket is for advertising as a camp; the minimum regulations state no camp will
operate without a license from the BOH and they must be licensed as a children's camp prior to
operation. They've been calling themselves a camp since 2019.
McKenna—Looking at the brochure, they mention being a camp 3 times.
Mohr—If they didn't advertise as a camp,what would happen.
Visco — Explained the minimum requirements to qualify as a camp; 4 days within 14 days,
operates more than 2 hours at a time,has 5 or more children.
Mondani They have 3 boats which accommodate a total of 6 kids and each session is 3 hours.
Parents like the idea of a camp and that is why they marketed it that way.
Cooper—.If you market it as a camp, the parents expect it to be a camp.
Hedden — The Department of Environmental Protection (DEP) agree that it qualifies as a
children's camp.
Berry—We've offered kite and wake-boarding lessons since 2016. In 2020, we came up with the
idea of taking kids out and calling it a kite-boarding camp. He went through CMR 105-430; the
challenge is we are in boats on the water every day; we can utilize toilets at the Town Pier. This
year we won't meet those requirements. Our goal is to comply after working with the Health
Department in order to meet the growing need for more camps. Marketing was an oversight, and
we modified our program to work our kids into the regular instruction program. We are willing to
pay the fine.
Mohr—Asked the difference between the traditional lesson structure and what they had going on
here.Thinks there is a way to structure this without it being a camp.
Berry—Explained the difference between private lessons and "camp" instruction. Explained how
they restructured away from a group setting.
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BOH Minutes for September 15,2022,adopted Oct.20
Mondani—What triggered the "camp" was more than 5 kids for more than 2 hours. He doesn't
believe 2 kids in a boat on the water triggers the definition of a "camp."
McKenna—We are concerned with safety. Encourages them to start working with the BOH now
to prepare for the 2023 summer season.We want kids to have safe,healthy experiences.
J. Visco—One issue was the bathroom, so they applied for a variance to have 2 toilets on a barge.
Hedden—If they want to apply for variances to the code, they may do so.We have plenty of time
to work things out for next summer.
Berry — Our regular operations has never been in question in the past; a cease and desist of
operations is devastating to our business. We want to make sure we are in good standing moving
forward into 2023.
Visco—He'd been in favor of letting up and giving them time to work it out.
McKenna — Two meetings ago, we fined the Sustainable Market, which had worked with the
BOH. If they want to withdraw the appeal and pay the fine, it's acceptable to him. This is a ?-
time offense on a solvable problem.
Action Motion to Accept the withdrawal of the appeal. (made by: McKenna) (seconded)
Roll-call vote Carried 5-0//Lepore, Cooper,Mohr,McKenna, and Visco-aye
10. Discussion of exceeding the 124-seat capacity at Millie's Restaurant
Sitting Visco, Cooper,Lepore,Mohr,McKenna
Documentation Supporting documents and plans, staff recommendations.
Speakers Bryan Swain,Vaughan, Dale,Hunter&Beaudette,P.C.
Richard Beaudette,Vaughan,Dale, Hunter&Beaudette,P.C.
Discussion Hedden —You were sent a letter from Richard Beaudette, Vaughan, Dale, Hunter & Beaudette,
P.C. asking to postpone this discussion, neither Mr. Beaudette nor the owner could attend this
hearing. They are allowed 124 seats based upon the septic design. We are asking for a policy that
the count include people who are standing. They have not yet been ticketed; we are asking for a
policy that allows us to suspend operations if they are in violation.The ticket is $500 a day.
Swain—He's here for Mr. Beaudette;we reached out to get this continued. Asked for a motion to
continue to October so Mr. Beaudette and the applicant can be present. Millie's will be operating
until October; they are not serving as many people at this time. There were multiple permits
involved; there's a lot of infounation that could be submitted.
Mohr—If they were closed for the season, a delay would be warranted,but they aren't closed.
Visco —This issue was hashed out before; they were found not to be following the 124-seat plan.
During the site visit there were over 124.
Hedden — He counted 250 seats, which is double the septic system design flow and they have
only 2 bathrooms,which accommodates the 124.
Mohr —With some of the outdoor seating permits in Town, interior seats had to be removed to
meet the seating cap.
Swain—We are under the COVID permits that allows outdoor seating.
Hedden—Under the Governor's COVID regulations, they could have outdoor seating but could
not exceed their seating capacity; those regulations no longer stand. Millie's still needs to be in
compliance with the bathroom regulation and their septic capacity. There were 130 people seated
with other people standing and drinking.
Cooper—The permit says 124 people; that's their limit and if they are exceeding that, they should
be shut down.
Lepore—It sounds like Staff is recommending a 1-day suspension. It's clear there was a violation.
It's bad for the Island to overtax the septic system.
Hedden — We are looking for a suspension policy moving forward; reviewed the draft policy.
There aren't too many restaurants on a septic; the policy is currently geared toward this
establishment,which has had repeated violations.
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BOH Minutes for September 15,2022,adopted Oct.20
Beaudette — Explained why he had asked for a continuance and that he had to leave another
meeting to attend this; he's disappointed they wouldn't continue this matter. They have not had a
violation in 8 years. We want to see a proper record of the count before we respond. This Board
should see all the minutes of what went on 8 years ago. He sees no harm to the septic, the Town,
or the BOH by pushing this discussion out to October. Pointed out that there is zero flow
through the system 6 months out of the year.
Mohr—Doesn't know that the anything in minutes from 2014 would change anything; the seating
is set at 124.
Visco —The applicant might not want us to pull the summer water records; he's certain it would
be more than 400 gallons per day. He doesn't know what could be presented that change anyone's
mind regarding the 124-seat maximum.
Beaudette—He thinks its about fairness to the owner. He has questions about how the count was
done.
Lepore — She's looking at the minutes from July 30, 2014; read the inspector's comments stating
133 people were seated.
Beaudette—Recalls that at the last BOH hearing the count was to be based upon 124 people, not
124 seats. He doesn't know if this time the count was in accordance with what was unanimously
decided by the BOH in 2014. If we were over 124,it was our fault.
Mohr—Confirmed the Staff policy would apply to future violations, not this one.
Hedden—The manager submitted a seating chart,which was hard to read. He would recommend
they provide a new seating chart showing 124 seats. The picnic tables seat 8; as he recalls, the
tables were to seat 6.
Further discussion on the count and how it was taken: bodies versus chairs.
Mohr— Suggested Staff be authorized to issue the violation based upon a headcount and put this
back on the agenda for further discussion.
Beaudette — Gave his reasons why any decision should be delayed for further discussion and
clarification of how the restaurant operates. Confirmed with Staff that there have been no seating
violations since 2014.
Discussion on the motion: arrangement of the 124, flexibility of where people sit, "3`d-strike"
results in shutting down for a day.
Action Motion to Adopt the Staff recommendations as stated for a policy for all restaurants with
septics and not to be retroactive. (made,by: McKenna) (seconded)
Roll-call vote Carried 5-0//Cooper,Lepore,Mohr,McKenna, and Visco-aye
11. Discussion of exceeding the 50-seat capacity at Bar Yoshi—Local Regulation 14
•
Sitting Visco, Cooper,Lepore,Mohr,McKenna
Documentation Supporting documents and plans, staff recommendations.
Speakers None
Discussion Hedden —This is similar; there is only 1 bathroom which limits seats to 50. They have a lot of
outdoor seating; counted over 50 on 3 separate inspections. Recommend suspending the permit
for 1 day after the 1s`violation, and 5days for the 2nd violation.
Action Motion to Approve the Staff recommends. (made by: Cooper) (seconded)
Roll-call vote Carried 5-0//Lepore, Cooper,McKenna,Mohr, and Visco-aye
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BOH Minutes for September 15,2022,adopted Oct.20
12. Discussion of semi-public pools chemical testing requirements not being met: • Hawthorne Park • Park Circle •
Beachside Hotel• Cliffside Beach Club • Finback• Grey Lady• Nantucket Hotel• Naushop, •White Elephant
Sitting Visco, Cooper,Lepore,Mohr,McKenna
Documentation Supporting documents and plans, staff recommendations.
Speakers None
Discussion Hedden — These are based upon inspections of the places listed: not testing 4 time a day or
logging all the tests required. Recommend the same ticket and suspend the permit.
McKenna—There were other violations as well.
J. Visco — There were multiple violations especially improper testing; there was a lack of
knowledge among the pool attendants about the testing procedures and required tests.
Visco—Staff has to authority to write a ticket and fine;if they want to, do so; they can come to us
to appeal the ticket.
Action No action taken.
Roll-call vote N/A
13. Partial Condemnation of 5 Cow Pond Lane -Basement
Sitting Visco, Cooper,Lepore, Mohr,McKenna
Documentation Supporting documents and plans, staff recommendations.
Speakers None
Discussion Hedden — Staff received notification of sewer issues and overcrowding. In the basement, there
are 3 bedrooms,none with a proper means of egress.
Mohr — Asked if the homeowner is required to rehome those who lose their housing in this
situation:if they knowingly over lease versus they are not aware of subletting.
Hedden — A landlord should know if the housing meets the regulations. In this case they were
illegal apartments.
Action Motion to ratify the condemnation. (made by: Cooper) (seconded)
Roll-call vote Carried 5-0//Lepore, Cooper,Mohr,McKenna, and Visco-aye
V. BOH BUSINESS
1. Discussion of short-term rentals
McKenna—He knows one house that is interval ownership;they advertise with Airbnb. The address isn't on the
advertisement.Asked how a violation would be issued if the address is unknown.
Visco—That is a subject for a separate discussion.
VI. ADDITIONAL DOCUMENTS USED
1. Draft BOH Minutes August 18,2022
2. Draft STR regulations
VII. ADJOURN
Action Motion to Adjourn at 6:10 pm. (made by: Cooper) (seconded)
Roll-call vote Carried 5-0//Lepore, Cooper,Mohr,McKenna, and Visco-aye
Submitted by:
Terry L. Norton
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