HomeMy WebLinkAbout2013-6-20Minutes for June 20, 2013, adopted Aug. 15
BOARD OF HEALTH
Town of Nantucket
2 Fairgrounds Road
'9paAASE� Nantucket, Massachusetts 02554 RECEIVED
www.nantucket-ma.gov
213 RtJG 30 RBI 6 20
s'um misaioaers: Malcolm M.Nab, MD, PHD, (chaio, lames Cooper (Vice chair), Helene Weld, RN, Slepheo Vic gg
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Thursday, June 20,2013
4 Fairgrounds Road, Community Room — 4:00 pm
Called to order at 4:00 p.m.
Staff in attendance: Richard Ray, Health Director; Terry Norton, Minutes Taker
Attending Members: Malcolm MacNab, MD, PHD; James Cooper; Helene Weld, RN; Rick Atherton, Board
of Selectmen
Absent Members: Stephen V isco
Agenda adopted by unanimous consent
Requested by the Board of Selectmen since the seat open this year is Dr. MacNab's and to ensure it is
properly noticed.
May 16, 2013 — Adopted by unanimous consent.
1. NCH/BOH Tick Borne Disease
Sitting
MacNab, Cooper, Weld, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Staff
MacNab — Have numbers from the state, Dr. Lepom, Laboratory data that indicate 1800 people
who tested positive. Pharmacy data 600 prescriptions written for drugs used to treat tick -borne
diseases in 2012. The CDC puts Nantucket in the top three counties for Lyme Disease.
Representative
Charlene Chadwick, Infection Control and Public Health Nurse Nantucket Cottage Hospital —
Results from the Department of Health in regards to people with Nantucket addresses of people
who actually have tick -borne diseases as confirmed and finalized by the epidemiologists. As of
June 1, 2013 there me 35 confirmed cases. Explained the process of gathering information
going into the summer months.
Discussion
Discussion about the 2013 tick disease report not being available and using the 2012 results and
arranging interim meetings between the board and Ms Chadwick and staff.
Page 1 of 5
Minutes for June 20, 2013, adopted Aug. 15
1. 31 Sheep's Pond Road
Sitting
MacNab, Cooper, Weld, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Staff
Ray — There was concern about what was going on with the existing septic tank and leach field.
Those have been removed in whole. It is represented as temporary. Office recommends
granting the variance.
Representative
None
Discussion
Action
None
Motion to Approve the recommended variance. (made by: Atherton) (seconded by: Cooper)
Vote
Carried unanimously
2. 13 Massachusetts Avenue
Sitting
MacNab, Cooper, Weld, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Staff
Ray — Similar situation. The problem is separation between the well and the leach facility. 150
feet is required; 87 feet is available. Given the smallness of the property and restraints
associated with the wetlands bordering the north side of the property and the inability to meet
any of the required distance parameters, this office recommends the current well location as
appropriate and recommends granting the requested variance.
Representative
Discussion
None
Cooper — Asked if the well will remain at 87 feet. (Answer: it can't get any farther away.)
Action
Motion to Approve the recommended variance. (made by: Weld) (seconded by: Atherton)
Vote
Carried unanimously
3. 17 Massachusetts
Avenue
Sitting
MacNab, Cooper, Weld, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Staff
Ray — This was approved by the Board as a tight tank; it was sent to the Department of
Environmental Protection (DEP), which disallowed the variance approval. DEP feels a leach
field is appropriate given the State Title 5 requirements. However, it does not come close to the
local requirements of 6 -foot separation. There are two tight tanks on Mass Avenue approved by
this Board and DEP. DEP has instructed that this is to be approved as a septic system, not a
tight tank. Stated that the Board of health needs to request of its consultant an inclusion into the
waste water management plan to designate this area, over the Hither Creek Bridge, for Tight -
tank Use Only. Have had preliminary discussion with Brian Dudley of the DEP Southeastern
Regional Office who feels this is a palatable approach for both DEP and Nantucket; but they
wish to have that in a formal statement in the form of a document endorsed by the Board. Also,
on June 1, the DEP was to turn over control over tight tanks to local control. That did not
happen; it is now proposed to occur in late September or early October.
Representative
Engineer for the owner — The project needs to start in September.
Discussion
Discussion about the affect the proposed document and the ruling would have on other variance
request and whether or not it would be wise to delay any decision.
Action
Motion to Approve the request. (made by: Atherton) (seconded by: Cooper)
Vote
Carried unanimously
Page 2 of 5
Minutes for June 20, 2013, adopted Aug. 15
4. Veranda House, 3 Steps Lane
Sitting
MacNab, Cooper, Weld, Atherton
Rmused
None
Documentation
Supporting documents and plans, staff recommendations.
Staff
Ray — It has been determined that the two rooms in the basement are undersized and current
occupancy is 3 persons per room; the Sanitary Code mandates that in a rooming unit, every
room occupied for sleeping purposes by more than one occupant shall have at least 60 square
feet (SF) for each occupant totally 180 SF. The rooms are 126 and 133 SF total. Whereas the
State Sanitary Code is a minimum code and variance relief requires the owners to demonstrate
an alternative approach for mediation, which has not been forthcoming, this office recommends
that the board does not grant the variance request. Stated he has a concern about the safety of
the persons in the basement of this building.
Representative
Hamilton, owner — Learned about the 60 SF regulation 2 weeks ago. The concern is that they
are in full season right now and can't do much about it right now. He stated he does not have a
fallback position. They close October 27 and can make changes during the winter to be in
compliance before opening again mid May 2014. Each room has a bathroom, 2 forms of egress
and is hardwired to the Fire Department.
Discussion
Cooper — The report states there have been seven previous inspections for which they were not
cited for living -space violations. Asked if when they were inspected if there were three people
in those rooms.
Ray — The inspections involved the portion of the facility open to the public. The office was not
aware of the basement rooms until this year; in the past it had been a kitchen. This was noted by
the Fire Department and brought to the attention of the Health Department.
Cooper & Weld — Asked if there is no way to move the two extra people into another room.
(Answer: No.)
Hamilton — Do have enough room to expand the two rooms to 180 SF each.
Atherton — There are alternate solutions though they involve money on the part of Mr.
Hamilton.
Ray — If the Board is aware of a situation and condone it and something were to occur, there
could be a sense of responsibility.
MacNab — Recognizes that this is a difficult situation. However, this board needs to make a
ruling.
All commissioners express concern with having knowledge of the situation and not moving
forward to rectify it.
Action
Motion to Deny the variance request. (made by: Cooper) (seconded by: Atherton)
Vote
Carried unanimously
5. Variance extension for `Sconset beach water quality testing
Sitting
MacNab, Cooper, Weld, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Staff
Ray — Every 5 years, variances are granted for beaches which have had no indicators of
bacterial issues resulting in closure of the beach. `Sconset is one such beach. Need approval to
apply for a Tier 3 Beach Variance Request.
Representative
None
Discussion
None
Action
Motion to Authorize filing for the Tier 3 Beach Variance Request. (made by: Atherton)
(seconded by: Weld)
Vote
Carried unanimously
Page 3 of 5
Minutes for
1. 34 Quidnet Road
Sitting
MacNab, Cooper, Weld, Atherton
Recused
None
Documentation
Staff
Supporting documents and plans, staff recommendations.
Ray — Asked the board not to vote on this issue at this time as the office just received
correspondence Sarah Alger, Sarah F. Alger P.C. requesting information that can only be
gamered over the next few days with help from DEP. Was informed by the Director of
Planning that the subdivision was approved as a valid subdivision within the Town of
Nantucket. Recommend not to take action; however the board could request the three studies
Representative
to start moving this forward.
John Bracken, Bracken Engineering for 34 Quidnet Road — This project asks for credits for
lots on a newly created subdivision. The credit would be on the fourth lot for the other three.
Sarah Alger, Sarah F. Alger P.C. for 30R Quidnet Road — The current concern is that the flow
is toward the pond, not the credit land. The ground water quality needs to be met per
Discussion
regulations, and not sure that is happening.
Atherton — Asked if there was a deed restriction stating nothing could be done on top of the
areas used for the credit. (Answer: Yes there is.) Because the systems are on the individual
lots, their direction of flow is of each system is being considered in totality or lot by lot.
Bracken — Explained the analysis.
Atherton — The credit property is not receiving any of the effluent.
Action
Request without objection that a hydrologic assessment, as site - specific mass balance analysis
and a ground water monitoring plan be presented to the board at the next meeting.
Vote
N/A
L 1 & I Crows Nest Way
Sitting MacNab, Cooper, Weld, Atherton
Recused None
Documentation Supporting documents and plans, staff recommendations.
Staff Ray — Recommend approval. Chair would need to sign in the presence of a Notary.
Representative Thompson & Thompson — Shared septic for two structures installed in 2007. Lots have been
subdivided but do not have a shared septic agreement. Requesting that at this time.
Discussion Discussion about how many other such agreements exist.
Action Motion to Approve. (made by: Cooper) (seconded by: Weld)
Vote Carried unanimously
1. July symposium
MacNab — Have discussed adding a July symposium on skin cancer to be televised. Moving slow and
might actually not Happen until August.
2. Waste Haulers discussion report
MacNab — Had a discussion with Mr. Ray and Libby Gibson; a Waste Hauler Regulation is required by
law. Suggested making them very simple.
Atherton — The idea is to do it in the least intrusive way as possible but still get them licensed.
Ray — Direction he is seeking is what is to be done with the C &D folks: do we license them right off or
license waste haulers. There are 4 waste haulers; three of the are C &D haulers. How do we handle them?
Cooper — Bring them into the discussion prior to enacting the regulations. Their opinion will be taken in
up front and then decide what will be done.
Page 4 of 5
Minutes for June 20, 2013, adopted Aug. 15
Weld — The new regulations are very simple.
MacNab — There was thought ofjust doing the garbage haulers.
Ray —There me four of them who pick up daily from residents and commercials. Is that different from
CMD?
Cooper — Yes it is different.
MacNab — It was suggested to do garbage first then C &D.
Further discussion about should C &D and garbage be handled together or separately and how to make
the process simple and non - intrusive.
3. Pre- school immunization data
MacNab — Have good data that indicate the rate is good. Doing better than the State according to the
data. There are 22 or 23 people taking exemptions in the public schools. Information from the private
schools is pending.
Ray — For many years were very close to 100% participation. It has dropped a little but not significantly.
Weld — The next symposium will be televised.
1. Seasonal Assistant Inspection Officer starts June 24.
2. Seasonal housing issues — Discussion about the situation and the Health Department's responsibilities.
Motion to Adjourn: 5:09 p.m.
Submitted by:
Terry L. Norton
Page 5 of 5