HomeMy WebLinkAboutVariancesy
BOARD OF HEALTH
TOWN OF NANTUCKET
,~
MINUTES -JANUARY 27, 2010
NANTUCKET SUPERIOR COURTROOM ~~
MEMBERS PRESENT: Chairman Kopko, Ms. Roggeveen, Mr. Chadwick,
Mr. Reinhard and Mr. Atherton
MEMBERS ABSENT: None.
Meeting called to order at 6:00 p.m.
A CTF,NI~ A
Chairman Kopko asks for any concerns from the public. None noted.
Variances
1. 66 Squam Road -This septic system services a three bedroom
dwelling and is a failed system on an undersized lot with some
wetland constraints. Owner will provide alternative septic system.
HO Ray recommends granting variance.
BOH unanimously approves variance request.
2. 1 OS Squam Road -This is an existing 4 bedroom septic which is in
failure, there are wetland constraints. Owner will relocate septic
system to an appropriate location. HO Ray recommends approval.
BOH unanimously approves variance request.
Dates for Public Hearings
Local Regulation 53.00 - Madaket inspection extensions. HO Ray
recommends an additional 12 months (in both zones) and asks for a public
hearing date of February 24th (next regular BOH meeting).
New Fee Schedule for Farmer's Market - HO Ray proposes to create three
new fees for the Farmer's Market participants and requests a public hearing
date of February 24th (next regular BOH meeting).
BOH Minutes -2- January 27, 2010
The new fees are: Farmer's Market (site suitability license for each site) -
$25.00 fee (BOH will look for electricity, bathroom facilities, trash
receptacles, etc.);
Farmer's Market Residential Kitchen/Retail License - $75.00 (for
individuals only artici acting in the seasonal Farmer's Market); and
Farmer's Market Retail License - $35.00 (for restaurants currently licensed
as a FSE allowing them to sell retail at the Farmer's Market).
BOH agrees to public hearing dates.
HO Ray is also asking the Board's acceptance of the final language for the
non-binding referendum question for the April ballot to gauge community
support for the Tick-Borne Disease Advisory Committee's
recommendations.
BOH approves the language unanimously.
HO Ray tells the BOH that all systems in Nantucket Harbor Watershed
Zones have been inspected with only 16 properties still needing inspection.
Tickets for $300 will be issued monthly starting February lst until these
properties meet inspection requirements. Mr. Reinhard asks what else may
be contributing to nitrates in our harbor (since so many systems have passed
inspection). HO Ray states that fertilizers need to be looked at closely and
are number 2 on our list.
BOH is adjourned at 6:20 p.m.
BOARD OF HEALTH
TOWN OF NANTUCKET
MINUTES -FEBRUARY 24, 2010
NANTUCKET SUPERIOR COURTROOM
MEMBERS PRESENT: Chairman Kopko, Mr. Atherton, Ms. Roggeveen, and Mr.
Reinhard.
MEMBERS ABSENT: Mr. Chadwick.
Meeting called to order at 6:00 p.m.
A CTF.NT~ A
Chairman Kopko asks for concerns/comments from the public. None noted.
The minutes from December 9, 2009, December 30, 2009 and January 27, 2010 are
approved unanimously.
Variance Requests
J
J~
3 Arkansas Ave., 13 Arkansas Ave., 15 Arkansas Ave., 19 Arkansas Ave., and 23
Arkansas Ave. -These are all existing structures with failed septics that fail to meet
sideline setbacks due to lot size, etc. All of these repairs will meet maximum feasible
compliance. HO Ray recommends granting variances to all of the above-noted properties
with stipulations in place that alternative technology be utilized, as well as having a
signed maintenance contract in place. The BOH unanimously approves the above-noted
variance requests with stipulations in place.
Mr. Reinhard makes the suggestion that HO Ray be given the authority to grant certain
variances in house. HO Ray agrees to bring that request before a future BOH meeting.
Ms. Roggeveen discusses the time line of potential sewer extension to Madaket and how
it will relate to people repairing their systems. HO Ray indicates these systems must be
fixed now due to the safety of the harbor and the creek.
261 Madaket Rd. - An existing failed system, new plan will utilize alternative technology
and have a signed maintenance contract in place and will meet maximum feasible
compliance. HO Ray recommends granting this variance. BOH unanimously approves
this variance request with stipulations in place.
17 Lauretta Lane -This property is close to Nantucket Harbor and close to wetlands. It
must utilize a mounded system, as well as alternative technology (and maintenance
contract). This variance is from the wetlands -there is only one place on the property
that this system could be placed. HO Ray recommends granting this request. BOH
unanimously approves variance request with stipulations in place.
J
~~
~:
BOH Minutes -2- February 24, 2010
Public Hearing
This is an amendment to local regulation 53.00 - HO Ray asks the BOH to approve an
additional time frame to inspect properties in Madaket (similar to what was done in
Nantucket Harbor). There are currently 474 septic systems in Madaket, 272 have been
inspected (188 have passed-84 have failed). The BOH agrees to an additional year to
have systems inspected in Madaket - Zone A will now have until 12/14/2010, and Zone
B will be extended to 6/14/2011.
Chairman Kopko asks for comments/concerns from the public. None noted.
The BOH approves the request for extension of inspections in Madaket unanimously.
Amendment to BOH Fee Schedule - HO Ray is proposing three new license fees (a
reduction from prior fees) for the Farmers' Market Licenses. They are as follows:
A Farmers' Market Site Suitability License ($25.00) which licenses individual site(s) for
the market, showing location, trash availability, toilet facilities, electrical hookup, etc.
that the Health Department would require for licensing; a Farmers' Market Residential
Kitchen/Retail Food License (non-restaurant)($75.00) which licenses individuals offering
non-potentially hazardous food at the Market; and the Farmers' Market Retail License
(restaurant participation)($35.00) which licenses restaurants wishing to participate at the
Farmers' Market. This would be a license for a second location from the one they
currently hold.
Chairman Kopko asks for public comments/concerns.
Mrs. Wharo thanks HO Ray for his cooperation with the Farmers' Market and his
continued offer for further guidance/assistance.
BOH unanimously approves fee schedule changes for the Farmers' Market.
Mr. Reinhard asks HO Ray for a report to the Board in the near future to explain the
Estuaries Report. HO Ray agrees.
HO Ray gives the Board an update on the Hummock Pond Watershed District. We are
working with Horsley Whitten on developing and designing a zone for protection and
will come to the Board in June or July for discussion. HO Ray has asked GIS to add
sewered lots on the map. Mr. Reinhard asks about water quality issues in this area. HO
Ray has not heard of any water quality problems with the exception of those homes built
BOH MINUTES -3- February 24, 2010
on barrier beaches where salt water intrusion would be expected in a well due to the
home's location. Nantucket has been very proactive towards water quality. In other
news, Representative Madden states that legislation for a separate BOH has passed the
House and is now in the Senate. It also appears on Town Meeting if the Governor does
not sign it.
BOH is adjourned at 6:25 p.m.
~~. v ~.
BOARD OF HEALTH
TOWN OF NANTUCKET --
MINUTES -MARCH 24, 2010 v
NANTUCKET SUPERIOR COURTROOM
~-:J
MEMBERS PRESENT: Chairman Kopko, Ms. Roggeveen, Mr. Reinhard, Mr.
Chadwick and Mr. Atherton.
MEMBERS ABSENT: None.
Chairman Kopko calls the meeting to order at 6:00 p.m.
AGENDA
I. Chairman Kopko asks for any comments/concerns from the public. None
noted.
II. Tick-Borne Disease Committee -Funding Discussion
HO Ray introduces Dr. Malcolm MacNab, Chairman of the Tick-Borne Disease
Committee who will present an overview of their Committee's budget.
Dr. MacNab presents his committee's budget proposal to the BOH for their review and
consideration. He mentions that there maybe additions or deletions to this proposed
budget relative to what the town would accept or prioritize as well as what the state may
require the town to do (i.e. a survey of tick numbers ($20,000-$25,000) may or may not
be included in the budget depending on state requirements).
Chairman Kopko states that the BOH will need time to digest the information and will
count on HO Ray to give the BOH guidance on this subject.
HO Ray offers that an individual and a vehicle could address both tick-borne disease and
mosquito control for the town but due to financial concerns, it may be along-range plan
to be taken on as the economy improves.
Chairman MacNab mentions that although the deer reduction program was thought to be
fairly inexpensive, there would be an individual needed to manage the program. He also
states, with fair certainty relative to funding, that an individual can be found to perform
disease surveillance. He also states an immediate request is that the town agrees to
upgrade the education program.
HO Ray agrees with the education upgrade request and feels it won't burden the Health
Department staff. There is discussion of an intern within the Health Department, but HO
Ray states that hours of availability and housing are two concerns Nantucket would face.
BOH Minutes -2- March 24, 2010
Ms. Roggeveen states that this is a good first step to putting forward what the town can
do and how much it will cost for the future.
Mr. Kopko mentions that the 2011 budget is set at this point.
Mr. Reinhard states that he is concerned about the significant costs in the proposed
budget and there is lots of competition for funds throughout the town.
Chairman MacNab states that one example of fine tuning the budget is that the $22,000
deer reduction fee mainly consists of providing excess deer meat to the food bank
($70.00 per deer) and if someone volunteered to take care of this for the town, we could
reconfigure that amount. Massachusetts does not currently allow excess deer meat to be
given to a food bank.
Mr. Atherton mentions that perhaps some neighborhood groups may step forward to fund
some costs of this program.
Chairman MacNab mentions the non-profit group on Shelter Island that has done so.
III. Announcement -Home Rule Petition for separate Board of Health
HO Ray announces that the Governor has signed the Home Rule Petition creating a
separate Board of Health for the island. HO Ray thanks Mr. Curtis Barnes for his help in
this endeavor, as well as Mr. Tim Madden. With regards to formation, HO Ray asks that
applications for the Board of Health occur in August and appointment occur in
September due to the busy summer season so that HO Ray can properly educate the new
Board in the fall.
BOH unanimously agrees to HO Ray's request.
HO Ray announces that on March 29th, there will be a meeting at 6:00 p.m. at the NHS
cafeteria to ask questions of the Tick-Borne Disease Committee and HO Ray relative to
the non-binding referendum question on reduction of tick-borne diseases.
BOH is adjourned at 6:20 p.m.
BOARD OF HEALTH ~-:
TOWN OF NANTUCKET N
MINUTES -APRIL 28, 2010
NANTUCKET SUPERIOR COURTROOM
MEMBERS PRESENT: Chairman Roggeveen, Mr. Kopko, Mr. Atherton, and Mr.
Chadwick.
MEMBERS ABSENT: Mr. Willauer.
Chairman Roggeveen calls the meeting to order at 6:12 p.m.
AGENDA
I. Announcements
None noted.
II. Public Comment
None noted.
III. BOH unanimously approves the minutes of February 24, 2010.
IV. 1. Request for BOH signatures on Betterment Agreement for septic repair
HO Ray discusses grant funding from Massachusetts Water Pollution Abatement
Trust Revolving Fund for the repair of a failed septic at 41 Friendship Lane. He
asks the BOH to sign the Betterment Agreement in order for the homeowners
(after their signatures are added to document) to record the document with the
Registry of Deeds. There will be additional funding requested by HO Ray
(between $300,000 and $500,000) to be used for future septic repairs on the island
and will be available to the general public at a low interest rate (currently 2%)
payable over 15-20 years as a betterment fee on their property taxes. HO Ray will
request this funding at our next town meeting or special town meeting, then our
request will go up to the state. Relative to 41 Friendship Lane, all supporting
documents are in front of the BOH for their signatures, i.e. three estimates for the
repair, as well as the betterment schedule, etc.
BOH unanimously approves signage of this document.
2. Variance Request (addition to Agenda) - 2 C Street -This is an existing
dwelling on Hither Creek of which repair will meet maximum feasible
compliance utilizing an alternative design system with a maintenance contract
in place for the life of the system. This property may not exceed a three
bedroom capacity. There is discussion on conventional systems and
alternative design systems and the fact that nutrient loading is greatly reduced
when alternative systems are used. HO Ray states that we are improving the
BOH Minutes -2- Apri128, 2010
mitigation of Madaket Harbor by using alternative technology, as well as getting a
head start on harbors and ponds in advance of the estuaries report. This is why the
Board is seeing so many variance requests coming before them.
BOH unanimously approves variance request with stipulations in place.
V. Health Director's Report
1. HO Ray discusses blue green algae in Hummock Pond and reads a statement
(made available to the press) relative to Hummock Pond and the North Head of
Hummock Pond. In August of 2009, UMass reports that blue green algae was
found in the pond. The Health Department posted warning signs at the pond. HO
Ray has asked DEP to test the pond which was done Apri122, 2010 -their
conclusion was that there was no cyanobacteria bloom present at that time.
Contribution factors fostering blue green algae are fertilizer, animal and avian
species feces, aging septic systems, and increasing temperatures in the summer
months. HO Ray will continue to monitor the pond and request DEP test it as
soon as it is deemed necessary. It is not testing that can be done on island -very
specialized training is needed. Our town marine biologist can help us gather
samples, but it must be tested off island. The testing turnaround time is only 48
hours.
2. HO Ray gives an update on weekly beach testing -Massachusetts has
expanded our beach testing requirements - we must now test all rights of
ways and beaches appurtenant thereto. Massachusetts Health Officers will
be discussing this issue at MHOA relative to this being an unfunded
mandate regarding testing and signage requirements. The state currently
pays for our beach testing but will not pay for signage or the testing for the
semi-public beaches. HO ray will report back to BOH at a later date as to
updates or changes to this requirement.
VI. Outcome of ballot question on Tick-Borne Disease/Deer Reduction (April 13,
2010)
Chairman MacNab of the Tick-Borne Disease Committee is introduced and tells the
Board that the town supports this initiative. The Committee suggests several issues to
the Board; the concept of tick reduction; asks that a member of the Board join the
deer subcommittee with Dr. White; states that the Committee would like to meet with
local hunters prior to approaching the state on the extended hunt question so as to
formalize a "Nantucket" driven plan, etc.
BOH unanimously asks the Tick-Borne Disease Committee and local hunters to meet
and come up with recommendations for the extended hunt so that the town can then
approach the state.
BOH Minutes -3- April 28, 2010
Ms. Carol Black states that she is disappointed in the wording of the ballot question
and felt it was two questions posed to the voters -she felt that voters were confused
with the ballot question.
Chairman Roggeveen states that all public hearings on this matter (both locally and
statewide) will be open to the public and asks for Ms. Black's input along with the
general public's.
BOH adjourned at 6:58 p.m.
BOH Minutes unanimously approved August 18, 2010.
~,,
BOARD OF HEALTH v
TOWN OF NANTUCKET .~
,`~
MINUTES -MAY 26, 2010
NANTUCKET SUPERIOR COURTROOM
MEMBERS PRESENT: Chairman Roggeveen, Mr. Kopko, Mr. Atherton, Mr. Chadwick
and Mr. Willauer.
MEMBERS ABSENT: None.
Chairman Roggeveen calls the meeting to order at 6:00 p.m.
AGENDA
Concerns from the Public.
Mr. LaFrance asks to be put on tonight's agenda as he has a retail food permit
application variance request for Nantucket Wine and Spirits that would be
inconvenient for him to wait until June's BOH meeting.
HO Ray states that this variance request is from the state sanitary code -requesting
relief from the floor drain requirement for this new retail food facility. This request is
very short notice, but if the Board wishes, HO Ray is prepared to go forward with his
negative recommendation of this variance request.
Mr. Chadwick states that the general public needs notice as this request was not on
the agenda.
Mr. Kopko has spoken with these folks and has the details of this waiver and
understands their issue with non-compliance of the floor drain requirement.
Chairman Roggeveen asks that the Health Department meet sooner than one month
from now - HO Ray agrees to meet in one week to hear variance request.
II. Variance Request.
1. 8 Pond Rd. -This is an existing dwelling with a failed septic system. The repair
will meet maximum feasible compliance. HO Ray recommends granting variance.
An alternative system is not required -this is a sideline setback variance.
BOH unanimously approves variance request.
2. 334 Madaket Rd. -This is an existing dwelling with a failed septic - a three
bedroom dwelling on an undersized lot outside of the Madaket Harbor Watershed
Protection District. Water is flowing towards the ocean. Maximum feasible
compliance is met.
BOH unanimously approves variance request.
BOH Minutes -2- May 26, 2010
III. Request for Designation of Dr. Timothy Lepore as Agent for Board of Health.
HO Ray introduces Dr. Malcolm MacNab, Chairman of Tick-Borne Disease
Committee, who explains the need for tick-borne disease surveillance. Dr. Lepore
would be logical choice for committee's garnering of surveillance numbers -
information from local doctors and from the hospital.
There is discussion relative to HII'AA regulations. Names will not be seen during
research -only numbers.
BOH unanimously approves appointment of Dr. Lepore as Agent of BOH
IV. Announcement of Seasonal Beach Testing Dates.
The first set of tests for beaches will occur during the week of June 21St -one week
before the official opening of beaches. Relative to Health Department's involvement
with the state's unfunded mandate for beach testing and signage - 18 routine beach
samples were taken, 9 of which will be tested weekly. Monthly testing includes
Surfside (1 and 2), Sewer Beds, Miacomet, Madaket, Cliffside (public way), Cisco,
and Warren's Landing. We have never had any elevated levels in any of these
beaches in recent memories. Weekly testing includes Sconset, 40th Pole, Dionis,
Children's, Jetties, Washington Street, and Washing Pond. If there is one week of
elevated bacteria levels, then a community goes to weekly testing for three years.
Cliffside Beach Club and Wauwinet (ocean and bayside) are removed from our list as
they are semi-public beaches -they are required to test weekly and pay for their own
testing. Also tested weekly are Sesachacha and Miacomet Ponds. The new state
mandate for signage is fiscally onerous, but the Health Department has ordered the
required signs for this season. Algae Bloom -DEP will test algae bloom activity if
necessary and will be able to gather toxicity levels as well. Currently the water
testing takes 24 hours to process. We retest immediately, if necessary. A belch
could be closed for 3 days during the testing/retesting process. However, neither the
state nor the federal government has approved any sort of rapid test process.
Mr. Atherton asks for more testing in advance of algae bloom and asks HO Ray to
report back to the Board. HO Ray is working with Barnstable County as well as DEP
who have agreed to test for presence of algae bloom.
BOH is adjourned at 6:20 p.m
_:
._ 7
BOARD OF HEALTH ~'
TOWN OF NANTUCKET ti
-~~
MINUTES -JUNE 2, 2010 ` =~
NANTUCKET SUPERIOR COURTROOM
MEMBERS PRESENT: Chairman Roggeveen, Mr. Kopko, Mr. Atherton, Mr. Chadwick
and Mr. Willauer.
MEMBERS ABSENT: None
Chairman Roggeveen calls the meeting called to order at 6:00 p.m.
AGENDA
I. Concerns from the public. None noted
II. Request for Relief from 1999 Federal Food Code -Nantucket Wine and
Spirits
Mr. LaFrance of Nantucket Wine and Spirits wants to add prepared foods to
his business. A refrigerator with prepared foods and a shelf with food in
containers will be added to his liquor store. He feels that his retail food
business will be different from what exists elsewhere on the island. The items
he sells from Nantucket Catering Company would not require adrain - no
water will be necessary to clean -they will be able to clean floor without
benefit of a drain -just utilizing a mop sink.
Mr. Atherton discusses the fact that the menu is extensive and if food will be
rotated.
HO Ray states that this is a package store going to a dual purpose
establishment -retail food -size does not matter for food code enforcement.
All retail food establishments require a floor drain. There are many different
kinds of food offered. If items are dropped, broken or spilled, there is a need
to properly clean the floor utilizing not only a mop sink but a floor drain
which aids in drainage if the refrigeration leaks or after a power failure. This
menu includes potentially hazardous foods which spillage can attract insects
and rodents. This retail food establishment needs to adhere to practices which
the Health Department has mandated for all food establishments on the island.
Mr. Willauer asks if these are federal regulations and if we could be in non-
compliancewith the state regulations.
HO Ray states that they are federal regulations -federal, state, then local
regulation adoption. Yes, we would be in non-compliance. For eight years we
BOH Minutes -2- June 2, 2010
have uniformly enforced the code island-wide and feel that enforcement
should continue.
Mr. LaFrance states that they are a food establishment, but they won't be
using water flushing to clean the floor. He would have to jack hammer up a
portion of the floor to add a floor drain.
Mr. Chadwick states that he tends to support the Health Officer. He walked
through this facility and would support the waiver.
Mr. Atherton also supports the waiver and feels the floor could be cleaned
properly without a floor drain. He asks HO Ray to let the Board know of any
future problems
BOH votes unanimously to support the request of a waiver for installation of a
floor drain.
BOH adjourned at 6:20 p.m.
BOARD OF HEALTH
TOWN OF NANTUCKET
v
MINUTES -JULY 7, 2010 ;:a
NANTUCKET SUPERIOR COURTROOM - 16 Broad Street `~
:~
MEMBERS PRESENT: Chairman Roggeveen, Mr. Willauer, Mr. Atherton, Mr. Kopko
and Mr. Chadwick.
MEMBERS ABSENT: None.
Meeting called to order by Chairman Roggeveen at 6:00 p.m.
AGENDA
I. Chairman Roggeveen asks for public comments/concerns.
Ms. O'Brien asks about the signage on Hummock Pond relative to the dangers of the
pond and who placed signage there. HO Ray states that the Health Department did not
place any signage at Hummock Pond. The pond was tested about four weeks ago and at
that time there was no indication of blue green algae. HO Ray is visually monitoring the
pond every 6-7 days and has an agreement with the state to test the pond when noting a
concern. Mr. Reinhard asks about additional testing possibilities and costs associated
with it. Chairman Roggeveen states that the signage is creating public confusion and is
not based on any science. HO Ray will try to find who put up the signage and have it
removed.
II. Tick-Borne Disease Committee -There is a change on the agenda. The Tick-Borne
Disease Committee will present at a future meeting. HO Ray announces that tomorrow at
10-11:30 at Nantucket High School, there is a free public meeting to learn about tick-
borne disease from a panel of physicians and scientists regarding the testing and
treatment options available.
III. Nanahumacke -This subdivision is serviced by a single, shared septic system. A
Covenant of Easement must be signed by the BOH which allows the Health Department
to test and inspect this system. This is required by the state.
BOH unanimously agrees to sign the Covenant of Easement.
IV. Beach Closure -report on beach closure on June 24, 2010.
On the first week of testing, all 18 beaches were tested with no issues.
On the second week of testing, where only 9 beaches had to be tested, all 9 beaches
showed elevated levels of bacteria. As the numbers were almost identical at all nine
beaches, and as this occurrence has never happened in HO Ray's 32 years in the Health
Department, HO Ray feels this was a sampling error perhaps from sample bottles which
exceeded the sterilization phase. Barnstable informed the state of the elevated levels, and
the town had to issue an advisory not to swim at these nine beaches. Both weeks of
testing were done pre-season (prior to lifeguard staffing and official beach opening). The
Health Department resampled the beaches within 24 hours and all nine beaches came
BOH Minutes -2- July 7, 2010
back fine. To date, we have not had any elevated levels on any of our beaches. We have
some of the cleanest waters in the state.
Mr. Kopko states that there are water quality discussions relative to the island
establishing an on-island lab. It's an expensive proposition. Mr. Kopko has had
discussions with the director of the UMass Field Station relative to this subject. They
have some level of testing but would need an additional level of equipment, investment
and additional expertise to get their lab to the level the town requires. We should
formally explore a partnership concept with UMass Field Station -what the cost would
be for the town, what resources would be made available to us privately and publicly.
Could the BOH/BOS formerly recommend a study be done?
HO Ray states that we've discussed this before with Mr. Kopko and Mr. Fronzuto. To
set up a state approved lab on Nantucket will cost in the hundreds of thousands of
dollars. Barnstable tests our water for free and nothing beats free. They are more than
willing to retest for us -even on weekends should it be needed. I don't see a need to
establish this type of lab on the island. It is redundant.
Mr. Kopko understands HO Ray's position but still thinks it should be explored with
facts and figures in order to make an informed decision on whether or not the town wants
to do this.
HO Ray states that he feels this has already been done.
Mr. Kopko states that it may be worthwhile to spend several hundred thousand dollars
over 10 or 20 years, and as HO Ray states, we have some of the cleanest water anywhere.
People of the town or the Board may want to pursue this.
Town Manager Gibson discusses the 2010-2011 goals for the selectmen and suggests that
the water quality master plan be included in that discussion.
V. Assignment of Public Hearing Date
a. Hummock Pond Watershed Protection District. HO Ray discusses the degradation of
Hummock Pond. One factor is septic systems. He states that the Health Department has
created a Hummock Pond Watershed Protection District (septic system inspection
regulations within this district and map are included for selectmen). This mirrors the
Madaket Harbor Watershed Protection District and the Nantucket Harbor Watershed
Protection District. The goal is to reduce nutrient loading and as it is a fresh water pond,
he also notes that phosphorous is also a contributor.
b. Septic System Inspection Regulations within the Hummock Pond Watershed
Protection District. There are two zones created for inspection and a three year
BOH Minutes
-3- July 7, 2010
inspection time frame for inspections is suggested. HO Ray suggests an adoption date for
this district (map and regulations) of September 2, 2010 and suggests an August 18, 2010
public hearing date at 6:00 p.m. (at BOH meeting). The map for this district is derived
from the Horsley Whitten study and is corroborated by the estuaries program. There is
discussion of water flows towards the pond of properties in both of these zones. Outside
of these zones, the water flows away from the pond (towards open ocean). Mr. Atherton
asks if the estuaries program would approve of our zones and asks the number of septics
within the district. HO Ray estimates approximately 450 properties and states that a list
of property owners has already been generated.
BOH unanimously accepts public hearing date of August 18, 2010 (for district map and
regulations).
VI. Variance Requests
a. 29-35 S. Cambridge Street -These are existing dwellings (one system) of
which the repair of the septic system meets maximum feasible compliance
utilizing an alternative design system with a maintenance contract in place for
the life of the system.
BOH unanimously approves variance request with stipulations.
b. 10 F Street -This is an existing dwelling which repair of the septic system
will also utilize an alternative design system with a maintenance contract in
place for the life of the system. This repair will also meet maximum feasible
compliance.
BOH unanimously approves variance request with stipulations.
HO Ray announces that he will seek approval from the state to utilize funding for repair
of septic systems which funds will be available at a low interest rate and placed on the
homeowner's tax bill payable over approximately 15 years.
BOH is unanimously adjourned at 6:38 p.m.
List of Materials Used: Covenant of Easement; Hummock Pond Watershed Protection
District Regulation and Map; septic plans and supporting documents.
Unanimously approved the 18th day of August, 2010. ~~
n~
N
:.~
~J
v
~~
~,_~
:v
BOARD OF HEALTH
TOWN OF NANTUCKET
MINUTES -AUGUST 18, 2010
NANTUCKET SUPERIOR COURT - 16 BROAD STREET
MEMBERS PRESENT: Chairman Roggeveen, Mr. Willauer, Mr. Atherton, Mr.
Chadwick and Mr. Kopko.
MEMBERS ABSENT: None.
Meeting called to order by Chairman Roggeveen at 6:00 p.m.
AC'TF,NDA
Concerns from the public. None noted.
II. Approval of Minutes.
cc
The minutes of March 24, 2010, Apri128, 2010, May 26, 2010, June 2, 2010 and
July 7, 2010 are unanimously approved.
III. Public Hearings.
a. Hummock Pond Watershed Protection District Map.
HO Ray discusses the degradation of Hummock Pond over the last several
years and presents a map which was developed utilizing the HWH Map (and
approved by the Estuaries Program) of the Hummock Pond Protection District
broken into Zones A and B. HO Ray asks for the BOH's approval of the map.
BOH asks for public comment/concerns. None noted. BOH unanimously
approves acceptance of the Hummock Pond Watershed Protection District
Map.
b. Local Regulation 55.00 -Inspection and Upgrading of Substandard Onsite
Sewage Disposal Systems Within the Hummock Pond Watershed
Protection District.
HO Ray states that the proposed Regulation 55.00 is the same regulation as
what exists in the Nantucket and Madaket Harbor Watershed Protection
Districts. The Health Department would like to inspect every septic system
within this newly created protection district over the next two to three years.
There are approximately 429 septic systems within this District (80 in Zone A
and 349 in Zone B). HO Ray would like to have the Regulation adopted as of
September 2, 2010 and give an inspection time frame for Zone A of 36
months and an inspection time frame for Zone B of 48 months.
BOH asks for public comments/concerns. None noted.
BOH comments/concerns. Mr. Atherton questions the inspection time frame
- feels it is a bit too long given the residents' concern relative to the pond -
BOH Minutes -2- August 18, 2010
asks for a change to 24 months for Zone A's inspection time frame. Mr.
Willauer agrees. BOH can extend inspection time frames if necessary.
BOH unanimously agrees to the change of time frame in Zone A to 24
months.
BOH unanimously agrees to accept Regulation 55.00 with the above-noted
amendment.
IV. Water Quality Update -Beaches and Ponds.
HO Ray presents a spreadsheet to the BOH on the water quality of our beaches and
ponds. It is noted that we have some of the cleanest beaches and ponds in the state.
This summer has continued to support that. There is one exception, Miacomet Pond,
which has, as of this week, been closed due to high bacteria counts. Miacomet Pond
is a stagnant pond with high water temperatures, has high bird activity, and there are
lots of young children who frequent the pond. Therefore, this closure is not unusual
over the course of the summer. However, given a week's closure, between sampling,
the counts are typically brought back to normal levels.
HO Ray discusses blue-green algae in Hummock Pond and the North Head of
Hummock Pond. Although this is a "non swimming" pond, there are concerns relative
to blue-green algae. What exists currently is an Anabaena Type of blue-green algae
(which does not carry the micro toxins that the alarm went out about last year). Even
with the Anabaena, it is not recommended to swim or let your dogs go in this pond
due to intestinal distress if water is swallowed. The Health Department is working
with DPH and is testing the pond weekly. If there is a toxicity issue in the future, the
pond will be posted accordingly.
Mr. Willauer asks about the red algae in the harbor and whether or not septic systems
could be the cause of this. HO Ray mentions that the harbor has been tested weekly
and has shown very low bacteria counts, and that the Marine Biologist should be
contacted regarding testing of the harbor relative to the red algae. Mr. Atherton
mentions that the BOS may want to request a report from the town's Marine
Biologist.
V. Proposal for Update and Re-Promulgation of Local Biodegradable Packaging
Regulations.
HO Ray states that the town originally proposed this Regulation in the late 1990's.
However, a number of years ago, the Health Department's ability to enforce this
Regulation was removed by the BOH. HO Ray wants to bring this Regulation
before the Board of Public Works for approval, and this will include a penalTy
portion - $50.00 fine for the first offense and a $300.00 fine for the 2°d offense.
® HO Ray is working on the details with counsel and is informing the BOH tonight
BOH Minutes -3- August 18, 2010
of his plans to bring forth this Regulation this fall. The education aspect will
begin, and he hopes to have the Regulation enacted next year. This Regulation
will deal with Styrofoam, plastic bags, etc. -the town is looking to move towards
biodegradable packaging as many plastic containers are not being recycled.
Plastic containers are allowed if they are recyclable. This Regulation excludes
items manufactured elsewhere and delivered here (i.e. grocery stores).
VI. Discussion -Determination of Date of Transition of new BOH.
Chairman Roggeveen states that at the next BOH meeting, the Board should discuss
criteria and needs/qualifications, and the word will be put out that applications for the
new BOH are being accepted. HO Ray states that they would like 1 public health
individual, 1 environmental health individual, 1 current BOH member, and 2
members of the public (with or without public health/environmental health
experience).
Mr. Kopko states that the new BOH should be appointed, up and running by the end
of the calendar year.
HO Ray looks forward to educating future BOH members over the upcoming months
and thanks the current BOH for their dedicated service.
VII. Concerns/Comments from the Board of Health.
Mr. Kopko mentions the use of NRTA by the Health Department's summer inspector,
Mr. Ross, to perform some out of town inspections.
BOH is unanimously adjourned at 6:30 p.m.
List of Materials Used: Hummock Pond Watershed Protection District Map, Local
Regulation 55.00, Biodegradable Packaging sheet, spreadsheet on beach water
quality.
Minutes unanimously approved October 13, 2010.
BOARD OF HEALTH
TOWN OF NANTUCKET
~~
J~
U
nJ
~~
MINUTES -OCTOBER 13, 2010 ` ~
NANTUCKET SUPERIOR COURTROOM - 16 BROAD STREET `~
MEMBERS PRESENT: Chairman Roggeveen, Mr. Kopko, Mr. Atherton,
Mr. Chadwick and Mr. Willauer
MEMBERS ABSENT: None
Chairman Roggeveen calls the meeting to order at 6:00 p.m.
AGENDA
Concerns from the public. None noted.
II. Approval of Minutes. The minutes of August 18, 2010 are
approved unanimously.
III. Progress Reports:
a. Madaket Harbor Watershed Protection District - Madaket
Associations will place ads and send emails to homeowners
reminding them of their responsibility to get their inspections
done.
b. Hummock Pond Watershed Protection District -The
inspections have not yet started. People are being notified.
There is a large map available in the Health Department for
review. There are roughly 110 systems in Zone A and 540
systems in Zone B. The list will be fine tuned as some
properties may be vacant (without a septic system) and some
may be on town sewer.
Mr. Atherton asks about the Estuaries Report for Madaket. HO Ray states a
draft version has been recently been made available to the Health
Department for changes/clarity/discussion. Once completed, a final report
will then be presented to the town within approximately six weeks. The
public discussion forum will take place after the final report is received.
HO Ray states that actions for Nantucket Harbor have not yet been enacted
due to the fact that there was ongoing litigation between DEP and UMass
BOH Minutes -2- October 13, 2010
relative to ownership of the computer software. Recently resolved, the town
can consider using the computer model to garner information, but there is a
fee associated with usage (approximately $1,500/run).
Mr. Kopko asks for an update on the separate BOH implementation. HO
Ray states that positions will be advertised in October and applications
accepted through November. Interviews will occur in November and
appointments in December/January.
IV. Request for Amendment -Cisco Brewers -Notice of State
Sanitary Code Violation.
Mr. Kopko excuses himself from 6:15 p.m. unti16:28 p.m.
Chairman Roggeveen states that BOH has received a request from Cisco
Brewers via their attorney, Sarah Alger, for changing how the Health
Department has asked Cisco to comply with the violation. HO Ray states
that a complaint was received relative to the stockpiling of processing waste
which prompted discovery of non permitted septic systems (non permitted
septic tanks, remediation done without permits, non permitted leach pit,
etc.). DEP was notified and requested that the project be shut down in its
entirety as no holding tank had been approved by their agency nor was any
of the recent septic system work permitted. HO Ray allowed Cisco one of
three options to choose from so as to allow some business to continue.
Cisco decided to fulfill their events schedule until the end of the year (mid
October), utilize one 3,000 gallon tank to be used as a temporary holding
tank and pumped 2-3 times a week, and to cease all brew/production of
alcohol completely. Ms. Alger agrees that Cisco won't schedule any other
events until an appropriate system is in place and asks that the 10-5
operating hours be extended until 7:00 p.m. and requests permission to begin
production again. HO Ray is not comfortable with the resumption of
production as the tank being used now is not an approved holding tank nor is
it designed for commercial waste, as well as the fact that the wastewater
treatment facility does not have any information relative to the chemical
composition of the waste (commercial waste has an impact -perhaps double
atypical home). Another factor HO Ray and Mr. Willet are concerned about
is that the flows from Cisco would reduce the flows from our current "needs
BOH Minutes
area" - up to 100 homes).
p.m.) but no production.
-3-
October 13, 2010
HO Ray would allow the extended hours (7:00
BOH votes in favor of extended hours 4-0 with Mr. Kopko abstaining/not
present for vote.
Chairman Roggeveen asks for any other concerns for the BOH. None noted.
The meeting is adjourned at 6:30 p.m.
List of Materials: Letter from Sarah F. Alger, P.C. (10/7/10); memo from
HO Ray (10/8/10); septic permit/inspection report for Cisco Brewers and
supporting documentation; gallonage flows for Cisco; violation notice
(8/30/10).
BOARD OF HEALTH
TOWN OF NANTUCKET
~'+
;~
-.~
MINUTES -NOVEMBER 17, 2010 ;
NANTUCKET SUPERIOR COURTROOM-16 BROAD STREET `~
MEMBERS PRESENT: Chairman Roggeveen, Mr. Atherton, Mr. Chadwick, Mr.
Willauer and Mr. Kopko
MEMBERS ABSENT: None
Chairman Roggeveen calls the meeting to order at 6:02 p.m.
AGENDA
1. Concerns from the public. None.
2. Approval of Minutes of October 13, 2010 -unanimously approved.
3. Variance Requests:
a. 5 Midland Avenue -Favorably recommended by Health Director and
unanimous approval (5-0) by the Board.
b. 7 Midland Avenue -Favorably recommended by Health Director and
unanimous approval (5-0) by the Board.
c. Muskeget Island -Favorably recommended by Health Director with use
of a composting toilet and gray water leach facility and unanimous
approval (5-0) by the Board.
d. 46 Meadowview Lane -Favorably recommended by Health Director and
unanimous approval (5-0) by the Board.
e. 47 Massachusetts Avenue -Tight tank preliminary approval -Favorably
recommended by the Health Director (noting numerous changes to
location of tank -final placement on north side of structure away from
active erosion) and unanimous approval (5-0) by the Board.
f. 40 Squam Road -Favorably recommended by Health Director and
unanimous approval (5-0) by the Board, maintenance contract in place.
4. Department Updates:
a. Madaket Estuaries Update - HO Ray announced that the draft report
review meeting with technical staff and representatives from SMAST (U
Mass Estuaries Scientific Staff) was held with a number of minor
recommendations concerning the report made and accepted. HO Ray was
confident that the report would be in the Board's possession by 11-24-10.
It was noted that there would be dates set in December or January for a
report overview to the Board prior to presentation to the general public.
BOH Minutes -2- November 17, 2010
b. Proposed Biodegradable Packaging Regulations - HO Ray announced that
the biodegradable packaging regulations were back from legal review and
would be brought to the Board of Public Works during the first of the
year.
Chairman Roggeveen suggested discussions be held concerning the
regulations prior to the presentation to the Board of Public Works.
c. 2010 Flu Update - HO Ray informs the Board that a flu clinic was held at
the Emergency Dispensing Site (NES) on September 15th with over 500
inoculations given to the general public.
The meeting was unanimously adjourned at 6:35 p.m.
List of Materials Used: Memos from HO Ray concerning the six variance requests with
supporting documentation.
tom:
v
BOARD OF HEALTH ~;~
TOWN OF NANTUCKET ,_.;
MINUTES -DECEMBER 22, 2010
NANTUCKET SUPERIOR COURTROOM -16 BROAD STREET
MEMBERS PRESENT: Chairman Roggeveen, Mr. Chadwick, Mr. Atherton, Mr. Kopko
and Mr. Willauer
MEMBERS ABSENT: None.
Chairman Roggeveen calls the meeting to order at 6:02 p.m.
AGENDA
1. Concerns from the public. None noted.
2. Approval of Minutes of November 17, 2010. Minutes approved unanimously 5-0.
Variance Request - 5 C Street -This is an existing dwelling on an undersized lot
with a failed septic system. The owners are seeking a variance due to lack of
distance separations. The Board grants the variance request unanimously (5-0)
with utilization of an alternative technology septic system (nutrient reducing
technology).
4. Variance Request Discussion - HO Ray asks the Board to allow the following
variance requests to be granted in-house by the Health Inspector and the Assistant
Health Inspector without going in front of the Board of Health. This will eliminate
the monthly stream of minor variance requests in front of the BOH and will
facilitate timely repairs of failed septic systems. The BOH unanimously (5-0)
grants the following in-house variance requests: separation distance from well to
leach facility down to 100 feet; separation of leach facility to property line down
to 10 feet; separation of septic tank from foundation wall down to 3 feet; and
groundwater separation distances from 6 feet down to 5 feet with the utilization of
an alternative technology system when no other variances are required.
5. Announcement of Public Presentation of the Madaket Estuaries Report - HO Ray
announced that the Madaket Estuaries Report would be released to the public
during the month of January 2011 with those release dates to be determined
shortly. Notice to the public will be made at the Selectmen's meetings.
6. HO Ray announced that this was the last formal meeting for the Nantucket
BOH/BOS as a new and separate Board of Health for the Town of Nantucket
would be appointed prior to the next regular meeting of the BOH. HO Ray
touched on the history of the Board's activities and thanked all members of the
community who served on the Board over the years with a special thanks to
Charles "Jack" Gardner for his many years as a Board member.
BOH Minutes -2- December 22, 2010
7. Concerns from the Board. None noted.
The meeting was unanimously adjourned at 6:26 p.m.
List of Materials Used: Minutes -November 17, 2010; Map and supporting
documentation for 5 C Street variance request; Memo to BOH requesting in-house
variance approval; and memo of thanks from HO Ray to BOH.
Minutes reviewed and accepted by Board of Health Director on January 21, 2011, but not
approved by the Board of Health due to dissolution of Board of Health.
•