HomeMy WebLinkAboutJul20_2023 BOH Minutes for July 20,2023,adopted_August 17,2023
/ypNSUC E\ BOARD OF HEALTH, �
Meeting
Town of Nantucket
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Nantucket,Massachusetts 02554 S[7
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Commissioners. Malcom_ MacNab MD,PHD (chair), Meredith Lepore (vice chair),James Cooper, Kerry$IlKenqa,(Ann
Smith
Staff. Roberto Santamaria, Kathy LaFavre,John Hedden, Cathy Flynn,Jake Vasco, Sean Reid, leather-ardone
--MINUTES --
Thursday,July 20,2023
4 Fairground Road,Community Room
This meeting nvas held via remote par7icipation using ZOOM and YouTube.
Called to order at 3:00 p.m.
Staff in attendance: Roberto Santamaria, Health Director John Hedden,-Chief Environmental Officer; Kathy LaFavre,
Health Inspector; Cathy Flynn, Health Inspector; Jake Vasco, biealth Inspector Sean Reid, Health
Inspector
Attending Members: Malcolm MacNab,MD,PI-ID;James Cooper;Meredith Lepore;Kerry McKenna
Absent Members: IV one
I.ANNOUNCEMENTS
II_ PUBLIC COMMENTS — ANY MEMBER OF THE PIJBLIC MAY ADDRESS COMMISSIONERS AT THIS
TIME
< tubs Barnes—Questioned why the Town should continue the Graracus contract due to lack o£performance.
;i i r iaria-The town is not paying Granicus until the Short-Terra Rental portal is operating.
1. June 15,2023
Action Minutes were not included in the packet_Will defer until the August 20,2023 meeting_
Vote N/A
1. Betterment release For 4 Fishers Landing
Sitting Mac_Nab,Cooper,McKenna,Lepore,Smith
Documentation Supporting documents and plans,staff recommendations.
Discussion Santamaria-Staff has no objections.
(3:02)
Action Motion to Release the Betterment_ (Made by:Lepore) (seconded by:McKenna)
Vote Carried unanimously
2. Condemnation of 21 Sheep Pond Road,Map 63 /Parcel 19
Sitting MacNab,Cooper,McKenna,Lepore,Smith_
Documentation Supporting documents and staff recommendations.
Discussion(3:03) Santamaria-There is structural damage due to erosion and no longer habitable.
LaFavre- House is 95% empty. Toscana will be removing the deck. The house, septic and well will be
dealt with.
Action Motion to Approve the Condemnation_ (Made by: Cooper) (seconded by:McKenna)
Vote Carried unanimously
3. Condemnation of 8 Macy Road,Map 60 /Parcel 146
Sitting MacNab,Cooper,McKenna,Lepore,Smith
Documentation Supporting documents and staff recommendations.
Discussion(3:05) Santamaria-This home has no hot water,structural issues.Requested that it be brought up to code.
Action Motion to Approve the Condemnation of 8 Macy Road. (Made by: Cooper) (seconded by:Lepore)
Vote Carried unanimously
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BOH Minutes for July 20,2023,adopted August 17,2023
4.Millie's Mobile Food Unit Variance-Stay at One Sparks Avenue and not return to base
Sitting MacNab,Cooper,McKenna,Lepore,Smith
Documentation Supporting documents and staff recommendations.
Discussion(3:08) Dunadel Daryoush,General Manager,Millie's Restaurant
Santamaria-A set of standards was approved by the Board several years ago.
Daryoush- Would like to leave their mobile food unit #1 at Cisco brewery and bring back to 1 Sparks
Avenue once a week.
Flynn- Concerned with precedent.There are 21 permitted units with 2 pending.
Hedden- Has concerns with how grey water will be kept sanitary. The grey water is self-contained in the
Loster Trap's unit. Afraid that every mobile food unit will want to request this when they really should be
returning to their base of operations.
Daryoush- There is a 10-gallon tank on board. This tank will be 55 gallons. There are currently 3 mobile
food units operating out of the Brewery.
Hedden- Part of the Lobster Trap variance request was to be inspected once a week. More variances
mean more inspections.
Cooper-Concerned that if variance is granted,20 more will apply.
Lepore-This would affect more than just Cisco Brewery.
Action Motion to Deny the Variance Request. (Made by: Cooper) (seconded by:McKenna)
Vote Carried unanimously
V. BOH BUSINESS
1. Public Hearing on Well Regulations Discussion
Sitting MacNab,Cooper,McKenna,Lepore,Smith
Documentation Code of Nantucket,Chapter 386;staff recommendations
Discussion(3:18) Jeff Blackwell,Blackwell Engineering
Santamaria-DEP had drafted a model local well regulation including current PFAS Regulations
and the protection of nitrogen sensitive areas. Has been sent to local engineers and surveyors for feedback.
The policy brief was written by one of our interns.
Blackwell-Suggested identifying unique situations common to Nantucket. Horsely Witten Hegemann,Inc
conducted a ground water study and drafted a regulation for Nantucket on Well Permitting and Protection
which the Board of Health adopted and has been in effect, to date. The study recognized the direction of
ground water flow and separation from contaminated sources. This draft does not mention unbuildable or
highly restrictive lots.Recommends volunteers to help flush through these regulations.The focus has to be
on those applying for wells for lots where a well might need to be moved or to accommodate a septic
system.
Hedden-Agrees with Blackwell. Neighboring lots where new soil absorption systems were being installed,
were not in compliance of the local regulation.Anything prior to 1990 should be able to install within 300-
foot radius.They would still need to meet the 100-foot Title 5 requirement.
Lepore- Would like to bring PFAS level to 0 instead of 20.
Santamaria-20 is the maximum contamination level allowed by the State.We can be stricter.We can write
a living document to match the State.Technology is advancing.
McKenna-Would like to see less variance requests.
Action Motion to Continue the Hearing until September 21,2023. (Made by:Lepore) (Seconded by:Smith)
Vote Carried unanimously
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BOH Minutes for July 20,2023,adopted August 17,2023
2. Summer House Appeal of Staff Letter of Non-Renewal of Food Establishment Permit
Sitting MacNab,Cooper,McKenna,Lepore,Smith
Documentation Supporting documents and staff recommendations.
Discussion(3:39) Mary-Ellen Manning,Attorney
Brian Riley,Town Counsel,KP Law
Steven Cohen,representing the South Sconset Neighborhood Association
Manning- We have agreed to hire a-Food Consultant to assist with operations and training for both
restaurants.The Bistro is pending review and inspection.
Santamaria-Staff has no objections.Will routinely inspect.
MacNab-Great that both parties were able to come to a resolution.
Smith- Asked if restaurants receive more inspections as a result of violations.
Santamaria-There are low,medium and high-risk establishments.
Cohen-Asked if there were"pre-existing,non-conforming" conditions that are being allowed to continue
and how the public will be updated.Requested a follow-up meeting,
Santamaria- Non-conforming does not pertain to the Food Code.All inspections are posted on the town
website and e-permitting software.
Cooper-Asked if the Board had the right to close the restaurant if this happens again.
MacNab-Requested an update at the September meeting.
Action Motion to close the public hearing. (Made by:McKenna) (Seconded by:Lepore)
Vote Carried unanimously
VI. DIRECTOR'S REPORT
1.Training for the Short-Term Rental software will take place next week. There is discussion of changing
vendors. Curtis Barnes asked if renting to immediate family counts as a"turn"if not collecting any income.
MacNab is concerned about enforcement. Lepore thinks the Town should have a department to deal with
Short Term Rentals.
2. The Nantucket Community School will be working with Cape Cod Community College to start training
Medical Assistants to be LPN's.Will also be sponsoring LPNs to RB then RN to BSN training.
3.Tick Borne Illnesses-30%decrease from last year.
4. Started a Sunscreen Campaign. Nantucket has one of the highest rates of melanoma in the country.
Lepore suggested having dermatologists speak.
5. Introduced the two interns.
Other-
McKenna-asked about Mental Health and Behavioral Health.
Santamaria training for Staff is ongoing.Will soon have a"train the trainer"opportunity.
Lepore-There is a grant of 1 million dollars for substance abuse prevention for those under 25 years of age.
Santamaria-The Health Department will write the grant.
VII. ADDITIONAL DOCUMENTS USED
1. Code of Nantucket,Chapter 386 Wells
VIII. ADJOURN
Action Motion to Adjourn at 4:10pm (Made by:Lepore) (Seconded by:McKenna)
Vote Carried unanimously
Submitted by:
Cathy Flynn
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