HomeMy WebLinkAboutMay18_2023 BOH Minutes for May 18,2023,adopted June 15,2023 ` •
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Town of Nantucket
�� 131 Pleasant Street
9'°0RA3�� Nantucket,Massachusetts 02554
www.nantucket-ma.gov
Commissioners: Stephen Visco (chair),James Cooper, Meredith Lepore, Kerry McKenna, Malcolm MacNab,MD,PHD,
Select Board
Staff: Roberto Santamaria, Kathy LaFavre,John Hedden, Cathy Flynn,Jake Visco, Sean Reid, Heather Nardone
—MINUTES —
Thursday,May 18,2023
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: Roberto Santamaria,Health Director;John Hedden,Chief Environmental Officer;Cathy Flynn,Health
Inspector;Sean Reid,Health Inspector
Attending Members: Stephen Visco and James Cooper
Late Arrivals: Malcolm MacNab,MD,PHD,Select Board at 4:.19pm
Remote Attendance: Ke McKenna and Malcolm MacNab,MD,PHD,Select Board
I. ANNOUNCEMENTS
None
II. PUBLIC COMMENTS — ANY MEMBER OF THE PUBLIC MAY ADDRESS COMMISSIONERS AT THIS
TIME
III. REVIEW OF MINUTES
1.April 20,2023
Motion to Approve. (Made by:McKenna) (seconded)
Carried 3-0// Cooper,McKenna,and Visco-aye
V. CLIFFSIDE BEACH,BEACH SAMPLING VARIANCE
Sitting Visco, Cooper,McKenna
Documentation None
Speakers None
Discussion Santamaria-They have to apply for variance every year to use town beach as their analog as they
(4:01) share same beach. Staff has no objections.
Action Motion to Approve the sampling variance. (Made by Cooper) (seconded)
Roll-call vote Carried 3-0// Cooper,McKenna and Visco-a e
VI. BOH APPLICATIONS REVIEW
1. 56 Arkansas Avenue,Map: 59.4 Parcel: 156;Septic setbacks variance
• Sitting Visco,Cooper,McKenna
Documentation Supporting documents and plans,staff recommendations.
Speakers Don Bracken,Bracken Engineering
Maggie Stewart;58 Arkansas Avenue
Discussion Santamaria-Asking for I/A upgrade.Staff has no objections.
(4:02) Bracken-Installing new I/A and soil absorption system.The lot is 16 ft wide.Asking for several
variances and local upgrade approval.
Stewart-Due to tight constraints wants to ensure that no one drives on or places heavy machinery on
top of their new septic system.
Bracken-Will mark off area with caution tape.It's also noted on plan.
Action Motion to Approve the variances. (Made by:Cooper) (seconded)
Roll-call vote Carried 3-0//Cooper McKenna and Visco-aye
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BOH Minutes for May 18,2023,adopted June 15,2023
2. 141R Hummock Pond Road,Map:65 Parce1:4.1,nitrogen loading variance.
Sitting Visco,Cooper,McKenna
Documentation Supporting documents and staff recommendations.
Speakers Chris Ray,Bracken Engineering
Discussion Ray-DEP in 2009 approved a shared system for the Nanahumacke Subdivision.The design limited
(4:06) each lot to 4 bedrooms worth of flow. Seeking relief of effluent flows greater than one bedroom or 10K
SF lot area.This lot not part of the Nanahumacke shared system plan.
McKenna-Asked.which lot he was referring to.
Ray-Lot 23 is the subject parcel which has a Conservation restriction.Lot 22 was created to as a buffer
to create open space.
Action Motion to Approve. (Made by: Cooper) (seconded)
Roll-call vote Carried 3-0//Cooper,McKenna Visco-aye
3. 1 Sheep's Commons Lane,Map:54 Parcel:280,nitrogen loading variance
Sitting Visco,Cooper,McKenna
Documentation Supporting documents and staff recommendations.
Speakers Paul Santos,Nantucket Surveyors
Discussion Santos-Nitrogen loading variance request for lot open space subdivision created prior to Title 5.Lots
(4:10) vary in size.Request to increase from 3 bedrooms to 4 bedrooms by adding an I/A system.Located in
Zone B of the Nantucket Harbor Watershed. It's in a DEP zone and Public Well Head Recharge.
Visco-We just recently approved variances in that area.
McKenna-Concerned with overloading systems,down the road.
Action Motion to Approve. (Made by: Cooper) (seconded)
Roll-call vote Carried 3-0//Cooper,McKenna Visco-aye
4.49 Polpis Road,Map: 54 Parcel: 21,sewer connection variance
Sitting Visco,Cooper,McKenna and MacNab
Documentation Supporting documents and staff recommendations.
Supporting documents and staff recommendations.
Speakers Inez Hutton,49 Polpis Road
Chris Ray,Bracken Engineering
Discussion Hutton-Requesting a variance for a period of time to connect to town sewer.Would like to have
(4:13) septic sys inspected soon.
Hedden-They are proposing a new food establishment. In the past,there was a catering company on
the property.They are in the Nantucket Watershed.Town Sewer is on Polpis Road.They'd be required
to connect to sewer.
Hutton-The driveway is 800 ft long. It would be an expense.There are 4 buildings on the property.
Cooper-There was a property off of Fairgrounds Road where we let them keep the back building on
septic,but the front had to tie into Town Sewer.
Santamaria-The stipulation for Glidden's(24 Rugged Road)was that if they subdivided,they would
have to connect.All the houses on the property were forced to connect this year because they
subdivided.
Visco-Gave one to Mr.Meerbergen(20 Rugged Road)because he was 500 ft back with the same
stipulation.
Redden-He would need history to gauge the usage on the previous catering business.There is also a
residence on the property. It's in the Well Head and Nantucket Harbor Water Shed.The board
shouldn't make any variances for properties located in nitrogen sensitive areas.
Santamaria-This is the difference between the other two the board just heard.A change in the
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BOH Minutes for May 18,2023,adopted June 15,2023
property forces an I/A upgrade.A change in the property would force a sewer connection.
Visco-The location of Polpis/Shimmo Pond area and efforts the Board has made to have everyone tie
into sewer.We have the loan program.
McKenna-Is this a forced choice between I/A upgrade or sewer connect?
Santamaria-I/A upgrade will be similar cost.
Hutton-Asked for an explanation of upgrading to I/A.
Ray-Asked what is requiring her to connect. If they are re-permitting the food establishment,what
would cause this.
Santamaria-Flow calculation.
Hedden-The mandatory sewer connection is why. If sewer tuns by your house,it's a mandatory two
years to hook up outside of any zone. In a nitrogen sensitive zone,it's 6 months.We need to consider
the change of use.We will need a predicted waste waste flow coming out of that system.
Visco-You're in the Nantucket Harbor Water Shed.Any permit you want to pull would have been an
automatic trigger to put in an I/A.
Hutton-The kitchen has been in existence since 1996.Various people have leased it for 5 or 6 years.
Last time it was leased was 2018/2019.
Santamaria-The issue is the kitchen is inactive.You would have to meet the Title 5 regulations,an
I/A system.You have sewer available,and we would require you to meet that permitting standard. If
you don't connect to sewer but you still pursue the permit,you would have to install the I/A system.
Hutton-Didn't think she needed to be re-permitted.Was told by zoning that she was good to go.
Hedden-There are two separate septic systems. One that serves the main dwelling,3 bedrooms and a
separate system from 1978 where the commercial kitchen is located.You would need a Title 5
inspection as it's been over 5 years.
Hutton-Asked for a two-year time limit.
McKenna-This is a change of use.The sewer is there.Do we have money in the loan program?
Santamaria-Loan program was increased.Funds will be available July 1st
MacNab-There is a loan program. Given the location and regulations,the option is sewer.
Santamaria-The timeframe is reasonable.
Cooper-Asked if line was a gravity line.
Visco-Everything is pressure line.
Santamaria-There would be a timeframe to connect,you would still need it inspected,
McKenna-Asked what happens if septic system fails.
Visco-Two-year time limit is reasonable.
McKenna-Wants to be clear, if grant two-year extension planning has to begin now and if the second
system fails,she will have to tie in.
Santamaria- In the ground by 5/21/25.
Action Motion to approve the variance for two years as long as the business septic system passes
inspection and will have the two years,May 21,2025,to tie into town sewer.(Made by MacNab)
Roll-call vote Carried 4-0//Cooper,McKenna,MacNab and Visco-aye
VII. DISCUSSION OF 105 CMR 410.180 I -HEATING REQUIREMENTS
Sitting Visco,Cooper,McKenna and MacNab
Documentation Minimum standards of fitness for human habitation-State Sanitary Code 105 CMR 410.180 (D)
Discussion Santamaria-A recent inspection at a lodging house revealed there was no heat in half of the property.
(4:33) There is a provision in the State Housing code that allows LBOH to vary the heating requirement to exp
from 5/31 to 5/15.Just for this year,we are requesting the heating requirement to expire on 5/15.That w
it will give us enough time to inform.
Hedden-New housing code updated 5/12/23. In the prior code,heat was allowed until June 15th and
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BOH Minutes for May 18,2023,adopted June 15,2023
began again September 15t. The new code changed to June 1st to September 15t.The new code
allows for the Board of Health,as long as it is published on the town website,to go from May 15th to
September 30th.We are finding more and more older inns and unheated cottages that don't have heat.
We catch by finding space heaters in the rooms. Hadn't been enforced in the past.Back then,the
season started later.We had less inspectors in the department.Towns in the state vary in temperature.
McKenna-What will be the start and end date for heating in 2024.
Santamaria-We will stick with the code 6/1 to 9/15.We want to give them this year to bring into
compliance.
Action Motion to roll back the heating requirements for Nantucket for this year to May 15`h.(Made by
MacNab)(seconded)
Roll-call vote Carried 4-0//Cooper,McKenna,MacNab and Visco-aye
VIII.DIRECTOR'S REPORT
1.Met with Public Outreach coordinator to start working on Lymes disease and tick borne illness outreach campaign.The
lone star tick has made it to the island.
MacNab-The company that developed the vaccine for mice through pellets has been approved.
Santamaria-US Biologic testing oral vac for mice has been FDA approved.
2. Met with Granicus with an update and expect the software and user interface to be up and running next month so we can
start registering people next month at the end of June.
McKenna-Asked if any updates on interval timeshare loopholes with short term rentals.
Santamaria-If you are renting your week out you will need to register.
3. Introduced new Public Health Nurse,Erin Schrader.
Visco-Reminder that there is a public hearing on the Well Regulations June 15, 2023.
VII. ADDITIONAL DOCUMENTS USED
1.Draft BOH Minutes March 16,2023 _
2. State Sanitation Code 105 CMR 410.00
VIII. ADJOURN
Action Motion to Adjourn at 4:41 pm (Made by:Cooper) (seconded)
Roll-call vote Carried 4-0// Cooper,McKenna,MacNab and Visco-aye
Submitted by:
Cathy Flynn
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