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HomeMy WebLinkAbout2014-2-20Commissioners: Minutes for February 20, 2014, adopted Mar. 27 BOARD OF HEALTH Town of Nantucket 2 Fairgrounds Road Nantucket, Massachusetts 02554 = ;_ www.nantucket - ma.gov Malcolm MacNab, MD, PHD, (chair), James Cooper (Vice chair),1_106ie V ad, RN, Stephf Visco, Rick Atherton ` Staff: Richard Ray, Artell Crowlev — MINUTES — Thursday, February 20, 2014 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; Stephen Visco Absent Members: Rick Atherton, Board of Selectmen; Marty McGowan, Paul Santos; Cormac Collier unanimous consent 1. None H. APPROVAL OF MINUTES 1. January 16, 2014 – approved by unanimously consent 111. PUBLIC HEARINGS 1. Nantucket Gourmet – Request relief from fine associated with late licensure. (food service) Sitting MacNab, Cooper, Weld, Visco Recused None Documentation Request for waiver and staff recommendations Staff Part of the food service inspection includes the retail area. Recommended not waiving the fine. When the deli was open, the sale of pre - packaged items was covered under the victuals license. Representative Michael Fleischut, Owner Nantucket Gourmet – Had decided to cease the deli portion of the business and not to renew the Common Victuals License. Stated that he did not realize he still needed a separate license to sell pre - packaged food, which is a very small portion of the business and the fine represents many times what was sold during the days of the violation. Asking for, if not complete relief, a reduced fine. Stated he has only ever received one license - one fee and only notified for the Common Victuals License. Action Motion to Close public hearing. (made by: Weld) (seconded by: Visco) Vote Carried unanimously Discussion Visco – Feels this was an honest mistake and would accept a reduction in the fine. Cooper – His question is: before when the sandwich shop was there and pre - packaged food was being sold, did they need the permit. Ray – It is the responsibility of the property owner to maintain licensure and there have always been two licenses associated with the business. Action Motion to Enforce the fine. (made by: Cooper) (seconded by: Weld) Vote Carried unanimously Page 1 of 5 Minutes for February 20, 2014, adopted Mar. 27 2. Nantucket Wine & Spirits — Request relief from fine associated with late licensure. (tobacco sales) Sitting MacNab, Cooper, Weld, Visco Recused None Documentation Request for waiver and staff recommendations. Staff This license is issued yearly to this establishment and this is the second such request from this establishment. The fee was not paid in time. Representative None Action Motion to Close public hearing. (made by: Weld) (seconded by: Visco) Vote Carried unanimously Discussion Weld — Should follow through with enforcement. Action Motion to Enforce the fine. (made by: Weld) (seconded by: Cooper) Vote Carried unanimously 1 ISCUSSION: TICK-BORNE DISEASE Sitting MacNab, Cooper, Weld, Visco Recused None Documentation Supporting documents and plans, staff recommendations. Staff Introduced Sam Talford Representative Sam Talford, Martha's Vineyard Project — Reviewed means of Public health Intervention. A long -term goal is to bring the deer density down to where it was prior to the 1970s. Reviewed short-term efforts for public education. Reviewed the Vineyard's program to reduce the incidents of Lyme Disease 75 %. Explained how data from the fly -over survey can be used in reduction of the deer population. Presented recommendations for Nantucket BOH to take. Explained alternate methods to culls. Discussion Ray — Asked what mass food and drug say about retailing venison. Is there any indication that their posture will soften. Talford — It would take legislative pressure. The USDA and FDA must be allowed to inspect the site of the killing. That can be changed; there must be a loophole to be exploited. Ray — There is a push back from people who think deer should not be harmed. Talford — That is the reason for a pragmatic alternative; the homeowners should pay for it. There is a bill before the house for Sunday Hunting and a bill to reduce archery setback to 150 feet. MacNab — Last year Nantucket had 420 possible cases of tick -borne disease. The antibiotics tracked much higher. Was interested by the idea of landscape management. V. PUBLIC 1. Draft Local Regulation 56.00 — Wastewater flow limitations within Hummock Pond Watershed Protection District Sitting MacNab, Cooper, Weld, Visco Recused None Documentation Copy of Draft Local Regulation 56.00 Staff Once a property has town water, the hydrogen limit is lifted in regards to bedrooms per square feet. The Hummock Pond Estuaries Report is complete — pollution is caused by in- ground septic systems. This regulation restricts density to one bedroom for every 10,000 feet until such time as sewer is brought to the area. We can control run off, septic discharge and fertilizer; sub - surface disposal is the largest contributor to nutrient loading. Public Hearing Marty McGowan, lives within Zone B — Asked what effect a septic system that separates grey water /sink water would have on the nutrient loading. Page 2 of 5 Minutes for February 20, 2014, adopted Mar. 27 Ray — The concern is the build out to the property could negate the loss of nutrient loading from installing sewer. He would need to have the science of numbers in front him to give specifics; black water /grey water systems are variable in nutrient reduction and much depends on soil conditions, percolation rates, and seasonal issues. McGowan — He would like to see the mathematical figures connected to each bedroom/toilet and nutrient run off. Wants to know how much of the grey water from a septic is acceptable to go into Hummock Pond. MacNab — No amount of nitrogen going into Hummock Pond is acceptable. The concept is to find ways today to make sure it doesn't get worse. Explained why opening the pond isn't effective unless done properly. Paul Santos, Windy Way — Asked if there was discussion to limiting to Zone A as opposed to the entire watershed. Asked if an innovative bedroom credit might be allowed. Ray — That would apply here. He looked at the impact sewer coming to areas of Zone B not currently on sewer; but that will not happen very soon. He has two versions of the regulation; one that includes both Zone A and Zone B and one for Zone A only. McGowan — Asked if there is a map displaying the sewer expansion route to Madaket and asked how a regulation can be made without that plan. Ray — That plan is being promulgated; there are draft views not available for the public at this time. McGowan — About 60% of the land shown on the map is unbuildable. Asked what the actual amount of unbuildable land is and who does have that information. Asked if someone on this board making this decision has that information. Ray — That information is held by the Planning Department. We know what the TMDL should be and that the pond is well beyond that. This is a stop -gap measure to prevent further loading until sewer comes to the area. McGowan — Is concerned there is no provision that is supportive of the community. Ray — Is not a defined entity at this time; though the Town is working aggressively to establish sewer areas; neither is there a defined date for implementation to those areas. MacNab — Suggested Mr. McGowan's concerns should be used to push the sewer committee. Cormac Collier, Executive Director Nantucket Land Council — Strongly supports this proposed regulation and would like to see both Zones included. Most of the growth is in Zone B, which is where the increase would occur. It is very important to do something now. Cooper — Asked what the percentage would be if the board voted on Zone A alone. Ray — Doesn't have those figures; but Zone B is the area of probable increased growth. MacNab — There is the recommendation to open the pond twice a year but that has to be done properly at the right time. McGowan — Offered suggestions for improved pond management. Ray — The one bedroom for 10,000 feet is derived by Title 5 and State Code. Until sewer comes to that area, BOH cannot allow additional loading to those ponds. MacNab — The pond has too much nitrogen. Of the sources we can control, most of which comes from septic; there are ways to reduce that load. This regulation reduces the nitrogen loading. Action Motion to Close public hearing. (made by: Weld) (seconded by: Cooper) Vote Carried unanimously Discussion Cooper — Feels the BOH should be able to dictate that the pond be opened twice a year at the right time. Ray — That decision lies in the hands of the Conservation Commission and the Board of Selectmen (BOS). Cooper — Expressed the opinion that this board should be able to make that to happen. Page 3 of 5 Minutes for February 20, 2014, adopted Mar. 27 Ray — The recommendation to open the pond has been made on behalf of the Estuaries Group. MacNab — He is going on record as stating that the BOH unanimously supports the Estuaries Group recommendation to open the ponds. The question is what else can be done. McGowan — If all building is restricted, will the pond take care of itself? There are properties within the zones upon which people can build houses with one bedroom per 10,000 feet. Ray — It won't make it worse. Explained how the 10,000 feet restriction mitigates effluent from one bedroom going into the pond. Cooper — If the sewer does not go out to Hummock Pond for 20 years, the regulation essentially becomes forever. Visco — This regulation affects a lot of people on town water who don't have town sewer and cuts the value of their property in half. His main concern is the concentration of houses in Zone A which are right on the shore -end of the pond. Discussion about the modeling upon which this regulation. McGowan — Pointed out that this regulation affects a huge amount of land and doesn't guarantee that the pond will get better. MacNab — It won't get worse. The regulation in itself won't make the pond better; a lot of things out of control of this board have to be done to make the ponds better. Discussion about allowing the use of I/A septic systems that would reduce the nutrient load on the pond yet allow the extra bedrooms. Ray — This regulation is written is such a way that it does not address I/A component allowed in the area; the reason is that it allows the BOH to follow the state guidelines for I/A systems. Visco — As he reads this regulation, if someone just purchased a one -acre lot with plans to build a 6- bedroom house, this regulation takes that away. McGowan — Asked where the incentive is to meet the ultimate goal of sewer. Cooper — Stated he would vote for this if there were an end date whether or not sewer is proposed for the area. Visco — Expressed the opinion that the Land Council would not want sewer lines going everywhere. Collier — The Land Council has not fought a sewer extension in years. Visco — This regulation is being pushed based on a study that covers only two years; it's flawed. Expressed the opinion that Regulation 56:00 is a building cap in disguise. Cooper — Asked if there was a way to put an end date into the regulation. Ray — The regulation can be rescinded at any time; however if you are looking for the date sewer goes out there, that rests in the hands of the BOS, Board of Sewer Commissioners, and the consultants. MacNab — Stated he is not comfortable with adding an end date; this regulation will be voted on today. McGowan — Asserted that the vote should be postponed claiming the hearing was not adequately advertised. Ray — Stated that the regulations have been in the newspaper for two weeks. McNab — Stopped the argument. Reviewed options: pass as written, amend for Zone A or Zone B, or continue discussion. He stated he does not believe continuing the discussion will produce any more information. McGowan — Contends that the board has a lack of information upon which to make a decision. McNab — Disagreed. Reiterated the options for disposition of the regulations that are open to the board at this time. Weld — Asked if an end date of perhaps 2016 can be placed on the duration of the regulation; that would allow time for the sewer report to be completed and for BOH to study the sewer plan. Page 4 of 5 Minutes for February 20, 2014, adopted Mar. 27 V. DIRECTOR'S REPORT Suspended due to time constraints. VI. CONCERNS FROM THE BOARD VIII. ADJOURNMENT Motion to Adjourn: 6:06 p.m. Submitted by: Terry L. Norton Page 5 of 5 Discussion about what that date should be — 2016 or 2018. Visco — Said he is not going to vote for this regulation with or without the expiration date. There hasn't been enough time and not enough public have spoken to the subject. MacNab — Two members want a date. There are three motions available: to accept as is; to object; to amend it with a certain date; to amend as Zone A only. Cooper — Would like to vote for Zone A and continue discussion on Zone B. There is a consensus to vote for Zone A at this time. Action Motion to Amend Local Regulation 56.00 to accept Zone A. made by: Cooper) (seconded by: Weld) Vote Carried unanimously MacNab — Now the board can make an amendment to cover Zone B to have a date or be rejected. Discussion about how to handle Zone B. Action Motion to Approve Local Regulation 56.00 as amended. (made by: Cooper) (seconded by: Weld) Vote Carried unanimously 2. Draft Local Regulations 65.00 — I/A Tracking regulations Sitting MacNab, Cooper, Weld, Visco Recused None Documentation Copy of Draft Local Regulation 65.00 Staff Mandates the tracking for all I/A systems installed on Nantucket offered by Barnstable County. The tracking is free of charge. DEP has altered Title 5 stating that all septic systems shall be electronically tracked; and Barnstable County will be the tracking agency. This allows I/A systems with maintenance contracts not to slip through the cracks. Public hearing With no public comment, the public hearing portion is closed. Discussion None Action Motion to Approve. (made by: Weld) (seconded by: Cooper) Vote Carried unanimously APPROVAL OF SEPTIC LOAN 1 SANDOLIE Sitting MacNab, Cooper, Weld, Visco Recused None Documentation Supporting documents and plans, staff recommendations. Staff Replacement of a failed system. Have all the paperwork. Representative None Discussion None Action Motion to Approve. (made by: Weld) (seconded by: Cooper) Vote Carried unanimously V. DIRECTOR'S REPORT Suspended due to time constraints. VI. CONCERNS FROM THE BOARD VIII. ADJOURNMENT Motion to Adjourn: 6:06 p.m. Submitted by: Terry L. Norton Page 5 of 5