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Home My WebLink About2012-8-9Minutes for August 9, 2012, adopted Aug. 30 BOARD OF HEALTH Town of Nantucket 2 Fairgrounds Road Nantucket, Massachusetts 02554 www.nantucket -ma. gov Commissioners: Patricia Roggeveen (Chair) Malcolm MacNab, MD, PHD, (Vice chair), James Cooper Staff: Richard Ray, Artell Crowley Z N Z ry cC-) cG-:) �v 71 M � C-3 rn_ Here wau RNAephen Visco Z � MINUTES — r= August 9, 2012 z o 4 Fairgrounds Road, First -floor Conference Room – 4:00 rm All or a portion of this meeting is being recorded. If you plan to record this meeting yourself, please check with the chairman of the board before you begin. Called to order at 4:00 p.m. Staff in attendance: Richard Ray, Health Director; Terry Norton, Minutes Taker Attending Members: Patricia Roggeveen (Chair); Malcolm MacNab, MD, PHD; James Cooper; Helene Weld, RN; Stephen Visco Absent Members: None Agenda adopted by unanimous consent 1. None 1. July 20, 2012 Adopted by unanimous consent 1. Reis Trucking Transfer Facility Sitting MacNab (acting chair), Cooper, Weld, Visco Recused Roggeveen, Documentation Supporting documents and plans, staff recommendations. Representing Charles O'Neil, Operations Manager Reis Trucking Myles Reis Public None Discussion 1. Ray reads only the conclusion of the document. A signed abbreviated notice of decision will appear in the August 16 issue of the Inquirer and Mirror. At that point anyone who disagrees with the decision has 30 days to offer notice to the Board of Health. Two copies of the signature page need to be signed; one for the Health Department and one for Town Clerk. Action Motion to Approve the decision document. (Cooper) seconded Vote 4 -0 Page 1 of 3 Minutes for August 9, 2012, adopted Aug. 30 Separation distance requirements for 8 New Hummock Circle Sitting Roggeveen, MacNab, Cooper, Weld, Visco Recused None Documentation Supporting documents and plans, staff recommendations. Representing Bill Hunter, Vaughn, Dale and Hunter, for the Reismans — In 2009 the inspection was in conjunction with a sale. The system is now only 8 years old and only failed technically. Paul Santos, Nantucket Surveyors Public none Discussion Ray — House inspected in 2009, it passed requirements for an appropriate septic system. In the interim, requirements have changed to 6 foot separation. A 5 foot exists. Ray recommendation: This office cannot issue this variance; but they have the option to add alternative technology to allow the 5 -foot separation. This is a technical failure; if this were at 6 feet, it would pass. The area is inside a watershed protection area; allowing the septic systems to remain at 5 feet would compromise the water quality of Hummock Pond. Roggeveeen — Considering financial impact on a functional septic with only one foot difference in separation. We are extending a waiver, not changing policy. Need to know more about the implications of this one -foot difference and how far down the road is Town sewer to the area. State regulation is still 5; six feet is a local regulation. Ray — Regulations were changed in 2010 changing separation to 6 feet in all the harbor and watershed districts. This was made due to the sandy soil which percolates nutrients very quickly. Explains how Hummock Pond watershed area and Madaket area are different and why. The decision on sewer to Madaket will be made within 18 months and Hummock Pond is a long way out. Roggeveen — Organized a sewer group to assess exactly this and Hummock Pond is probably a higher priority than Madaket. The regulations do not mention grandfathering, why? Ray — Because of deleterious effect of septic runoff in Madaket and Hummock Pond, there would be no grandfathering. Cooper — Don't want to treat Madaket and Hummock Pond residents differently. If Madaket residents get a break, Hummock Pond residents should get a break. Ray — Administrative Consent Order is to get individuals through to septic on a temporary basis; that has been formalized for Madaket but not for Hummock Pond. Roggeveen — It could be formalized for Hummock Pond area. The purpose of the sewer work group is to help establish areas of priority. Would like to see the minutes from when the regulations were established. Have to be clear about where the line in the sand is. Would like to more about the one -foot impact and contributing issues. Cooper — Concerned that residents might not be aware that the regulations went from five to six. Weld — The regulations were changed because of a critical problem. Roggeveen — In the normal course, as the systems go through a failure rate, they would have to be upgraded. Ray — If this variance is granted, every resident in the area will come looking for the same variance. Asks board to continue this issue. Hunter — This property is under contract and there is no luxury of time. Page 2 of 3 Minutes for August 9, 2012, adopted Aug. 30 Discussion Ray — Variances can be granted site specific; but if conditions are the same, it will be continued hard to deny further variance requests. To allow the administrative consents in Hummock Pond, would need assurances that sewer would go to Cisco within a specific time. Roggeveen — Recall the report differently: landfill and fertilizer were an issue. Ray - The way we are going with the landfill will meet Massachusetts Department of Environmental Protection and Environmental Protection Agency requirements. There is no TMDL (total maximum daily loading) for Cisco and water quality has yet to be tested. Roggeveen — We do not have all the data for the Hummock Pond area and it is not equitable to slap $20,000 expenses on land owners to upgrade septic systems that are compliant except on a technicality. MacNab — Not sure five and six feet make that much a difference. Visco — Don't like having to tell someone a two -year old certificate is no good. Cooper — Agree. MacNab — Agree. Roggeveen — Environmental issue is that there is no information on the Hummock Pond area. Ray —If the board is leaning toward granting this variance, could do so with the proviso in the grant that this property is within a newly formed watershed protection district where information on actual water quality has not been determined. Hunter — A requirement of the bank is that this variance cannot be effected by future information. Action Motion to Grant the variance with caveats as enumerated by Ray (Cooper) seconded Vote Unanimous BORNE V. TICK PO. p MacNab — Seminar held this past week. It was well attended and was recorded. It is being televised on channel 18. Those who put on the seminar are considering holding a similar seminar on another topic. Weld — Would like to see the numbers from the pharmacies on Tick -borne diseases that have been gathered over the summer at the September meeting. 1. There will be a hearing for taking of additional deer, which would allow hunters to carry more than one deer at a time, scheduled for August 30 the same time as this Board's public hearing; proposing sending Art Crowley to that hearing. 2. Beach closures over the past two weeks — North Shore from Dionis /40t'' Pole around to Washington Street for 48 hours. At seminar of Departments of Health this fall, plan to propose to the State to modify testing requirements that allow closure of bodies of water with linear current /tidal flow that fail after two tests. 3. Nantucket Community Sailing will award 2012 Clean Harbor Award to the BOH because of the adoption of fertilizer regulations. Motion to Adjourn: 5:25 p.m. Submitted by: Terry L. Norton Page 3 of 3