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HomeMy WebLinkAbout2014-3-27Minutes for March 27, 2014, adopted Apr. 17, 2014 BOARD OF HEALTH Town of Nantucket 2 Fairgrounds Road Nantucket, Massachusetts 02554 RECEIVED www.nantucket-ma.gov 1UN PER 18 Rq 8 99 Commissioners: Malcolm MacNab, MD, PHD, (chair); James Cooper (V��tra;eil.enweN Weld, RN; Stephen Visco; Rick Atherton Staff. Richard Ray, Artell Crowley -- -MINUTES --- Thursday, March 27, 2014 4 Fairgrounds Road, Training Room — 4:00 pm Called to order at 4:00 p.m. Staff in attendance: Richard Ray, Health Director; Artell Crowley, Health Deputy Director; Terry Norton, Minutes Taker Attending Members: James Cooper; Helene Weld, RN; Stephen Visco; Rick Atherton, Board of Selectmen Absent Members: Malcolm MacNab, MD, PHD; Agenda adopted by unanimous consent None 1. February 20 abstain 1. 34 Codfish I Sitting Recused Documentation Staff Representative Discussion Action Vote to Approve. Weld) Cooper, Weld, Visco, Atherton None Supporting documents and plans, staff recommendations. Replacement of a failed septic: compliance of the confines is very small with only one location to put the septic. This plan went to ConCom which mandated the use of Alternate Technology on this property. Concern is that ground flow is toward the ocean; it won't affect wells. Don't seen need for an Alternate Technology system. Asked the board to approve the various. Said he will then go back to ConCom to request they lift the Alternate Technology requirement. It is usually only for wetlands; this goes to the ocean. None Discussion about whether or not similar requests had gone to ConCom and received the same ruling. No other ConCom rulings involved ground flow toward the ocean. Motion to Approve the Variance. (made by: Atherton) (seconded by: Visco) Carried unanimously Page 1 of 4 Minutes for March 27, 2014, adopted Apr. 17, 2014 2. 52 Tennessee Avenue Sitting Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Staff Replace existing system on a small lot with only one place to locate the system. Recommend approval. Property owner will sign an Administrative Consent Order (ACO); this allows a conventional system with maximum separation from groundwater. Representative None Discussion Atherton — This would be going someplace that doesn't have good flushing; consent is being allowed due to pending town sewer. Ray — If the area isn't sewered, the owner will have to have these properties install Alternative Technology Systems. Separation is 5.9 feet. Cooper — It should be in writing. Crowley — That is part of the agreement. Action Motion to Approve. (made by: Visco) (seconded by: Weld) Vote Carried unanimously 3. 324 & 326 Madaket Road (Millie's Restaurant) Sitting Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Staff Reviewed a letter from Blackwell and Associates. Owner will enter into an ACO prior to opening of the facility. Recommend granting the variance; but ACO must be first signed by the BOH. They're to abandon the system on the ocean side and install the new one under the parking lot on the opposite side. Suggest real loading due to the parking lot. Representative None Discussion Atherton — Curious about whether or not this is a restaurant size Title 5 system. Ray — Similarly this will either be hooked into sewer or the will install an Alternate Technology System. If it is hydraulically failing, they will install a leeching system that will allow the system to work without affecting ground water. Technical failures may stay in place but the owner must sign an ACO. Explained about the escrow account that once a decision is made about sewer to Madaket, all property owners will be informed of the decision and will receive the money back; it would be used either to put in a new system or hook to sewer as. Atherton — Asked how the system capacity at a restaurant is calculated. Ray —The flow is appropriate because it is a seasonal business. Cooper — Asked if this can be made a year -round business. Ray — The Health Department would not permit that. In this case the flow is toward Hither Creek and there is enough land between to dissipate the flowage. Last year Millie's had substantial exceedences of seating over 200; there is a defined number for each of the three elements. Those numbers can't be exceeded individually or in the aggregate. Explained how their seating is being recalculated for the coming season and that will be a substantial reduction from what was applied to the property last year. BOS originally allowed 87 seats and the BOB allowed 127 based on the septic. They are presently asking the BOS to raise the seating to 127. The new system is the same size as existing and 127 is allowed. Atherton — Clarified that this is being voted for in compliance with all other locales in Madaket. Visco — The existing septic is not good. This change really needs to happen. Ray —the abandoned system will be left in the ground the pipe cut off and filled with sand. Action Motion to Approve. (made by: Visco) (seconded by: Weld) Vote Carried unanimously Page 2 of 4 Minutes for March 27, 2014, adopted Apr. 17, 2014 1. 68 Madaket Road - $38,554.78 Sitting Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Staff Replacement of a failed system. This is a betterment loan program. Representative None Discussion None Action Motion to Approve. (made by: Atherton) (seconded by: Weld) Vote Carved unanimously 2. 58 Arkansas Avenue - $33,474.05 (shared system) Sitting Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Staff This is a betterment loan program. The system is shared between three owners; one owner has been approved; this is the second; the third party will be coming to the board. The system will cost $100,000 to install. Representative None Discussion Discussion about whether or not sewer will go into the Tristram's landing area. Discussion about what happens to the loan or ACO in the event of a sale. Many banks won't touch an ACO Action Motion to Approve. (made by: Visco) (seconded by: Atherton) Vote Carried unanimously Set hearing date Sitting Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Staff Handed out the draft regulations. Recommend the public hearing be set for May 15, 2014. A representative of the Tobacco Industry from Boston wishes to attend. Representative None Discussion Discussion about having Town Counsel at that hearing. Action Motion to Set May 15, 2014 as the Public Hearing date for Tobacco Control Regulations. (made by: Atherton) (seconded by: Visco) Vote Carried unanimously Page 3 of 4 Minutes for March 27, 2014, adopted Apr. 17, 2014 Concerning steering committee formation and potential regulation requiring Inns & Hotels to post tick bome disease methods Sitting Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Staff Today the check was cut to pay for production of the educational video. Representative Discussion None Weld — The cost was cut down to $14,000 by using local actors. Length will be about 5 minutes; would also like a Spanish version. Review of options for airing of the video. STEERING COMMITTEE Weld — Would like to we a small committee formed to create a framework for a comprehensive program, especially education. The program needs to be tailored to the community. Ray — Would like to see something done about mid - summer. These are the people who own the properties the Health Department would want access in regards to deer management. Stated he would be willing to speak to homeowner associations about the access issue. Cooper — Thinks the residents of Tom Never's East will be very amenable to allowing access. Visco — Asked how state regulations in regards to distance from roads and houses would be handled. Ray — State Fish and Game would have to be a part of this. Bow and Arrow work is a good possibility due to the reduced range. Crowley — Suggested starting the program on public property to prove success before approaching individual owners. Ray — Another concern is a potential regulation for inns and hotels to post tick home disease methodology. Don't think force- feeding is the way to go. Noted that with the cards and tick removers that were given to inns and hotels; those were then tucked away in the drawers. Stated that the people who are here for a 3 or 4 days are the ones that really have to be educated. 2. all voluntary and landscapers and homeowners can't be forced to comply. Atherton — i hinKs me reamers will honor the Fertilizer Regulations. Vaccination of Mice — Once in the mouse, it will kill the tick that gets on the mouse; it would be administered by bait feeding. (Passed out information on the program.) The vaccine can be purchased at the hardware store and comes in a bait box. It is harmless to cats and dogs. Free Tick Testing — Have the $100,000 grant and will get 100 test envelopes. Each town has an option of handing out the envelops to people or asking them to bring the tick in. It will help indicate where the infected ticks are. This is a three year program which will be expanded over the years. Motion to Adjourn: 4:59 p.m. Submitted by: Terry L. Norton Page 4 of 4