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HomeMy WebLinkAbout2014-1-16Minutes for January 16, 2014, adopted Feb. 20 BOARD OF HEALTH Town of Nantucket 2 Fairgrounds Road Nantucket, Massachusetts 02554 www.nantucket- ma.gov Commissioners: Malcolm MacNab, MD, PHD, (chair), James Cooper (Vice chair), Helene' Weld, RN,,Stephed Visco; Rick Atherton Staff: Richard Ray Artell Crowley — MINUTES — Thursday, January 16, 2014 4 Fairgrounds Road, Community Room – 4:00 pm Called to order at 4:01 p.m. Staff in attendance: Richard Ray, Health Director; Artell Crowley, Health Inspector; K Bradford, PLUS Administrative Specialist/Interim Minute Taker Attending Members: Malcolm MacNab, MD, PHD; James Cooper; Helene Weld, RN; Stephen Visco; Rick Atherton, Board of Selectmen Absent Members: None Agenda adopted by unanimous consent None 1. December 19, 2013 — Motion to Approve. (made by: MacNab) Carried unanimously . K61M MZOIN13 I 1. 24 North Cambridge Street — System Repair Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Staff Ray — Owner is looking to expand the property, and propose an alternative design septic system because they cannot meet some setback requirements stipulated in the local regulations. They are also looking to increase the flows on the property by two (2) bedrooms. Currently they have a conventional system. They have provided nutrient loading numbers to the Health Department and the numbers are very low which a big plus is because the property abuts Madaket Harbor. Confirms the setback issues are from a well and the sideline — and are hindered on the property from the primary Dune concept and also the fact that there are some wetlands near the property. Confirms that you get one shot with an alternative design system and that this is a win -win for everyone. State allows septic system to be as close as 50' without state approval. Recommends the Board approve the variance request Discussion Atherton — Questions what the setback issues were. Cooper — Questions if there's a difference from the well that change when you put a system in such as this. Public None Action Motion to Approve. (made by: Atherton) (seconded by: Cooper) Vote Carried unanimously Page 1 of 5 Minutes for January 16, 2014, adopted Feb. 20 V1. LOCAL REGULATION — II 1. Implement this regulation relative to septic wastewater flow limitations within Hummock Pond Watershed Protection District 2. Set a hearing date for adoption of participation document Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Staff Ray — Confirms the regulation is pretty much a carbon copy of the regulations promulgated in Madaket. With municipal water going out to this area, there is cause for concern about increased bedrooms going up on these properties — because once water goes out to this area, the Nitrogen Protection District disappears — meaning they can put 7 -8 bedrooms up on a 20,000 oft. lot. Septic systems appear to be the cause for nutrient loading of Hummock Pond, as the septic systems were also the causative agent for Hither Creek. We have promulgation in Madaket that says even when you have municipal water, you still cannot have more than 1 bedroom for every 10,000 oft. This will maintain the size of the houses on Cisco, as it did in Madaket, and safeguard any more additional nitrification as it did with Hither Creek and Madaket Harbor. States that he would like to get this done as soon as possible as the process will begin soon — and that Wannacomet has surprised us with a completion date of April 1St and certainly no longer than May 1 st — for functioning municipal water. Recommends there be a public hearing on this, the third Thursday of February. Comments that the `apparent' verbiage is used because we do not as of yet have the complete estuaries report on our desks in regard to Hummock Pond. Confirms it is finished and have spoken with the individuals at UMASS Dartmouth who have assured him that as complicated as this problem is associated with Hummock Pond and North Head, it appears that septic systems could be and must be the major contributor to nutrient loading in Hummock Pond and North Head. Confirms it is an assumption that we will have the report before the public hearing, but that is what he was told. States that many of the lots in section B are sewer — not all of them certainly. Comments that these are the reasons we need a public hearing and confirms that it could be limited to Zone A. States he doesn't want to miss the boat on this, but doesn't want to force this down peoples' throats, either. States that after a zoning change, he believes that the property owner has the previous rights for seven (7) years to do what he wants to do in regards to the old zoning. Confirms that he would most likely do notifications by mail to make sure that everyone has been notified. Confirmed there would be a whole presentation prepared for the public meeting. Confirms that he received a tremendous amount of support from Fisher's Landing and Madaket when they went through this in that area. Crowley — States that these people aren't going to lose anything that they already have — and that what they can do today, they will be able to do on Town water. The regulation is just stating that once they go on Town water, they won't be able to go above what they are required which is 1- bedroom for every 10,000 oft. Public None. Page 2 of 5 Minutes for January 16, 2014, adopted Feb. 20 Discussion MacNab - Comments regarding the series of email regarding the timing of this and that they were going to start in March. Questions if that will be an issue in regards to the Regulation implementation. MacNab — Comments that Ray uses the word `apparent' when talking about nutrient loading and states that he just wants to be careful that they don't get a pushback that it is `apparent' and not confirmed. Visco — Questions if there's any way that if the water goes out there, that the people it's going to affect could create a sub -zone in the Hummock Pond Watershed Protection District — because the district between A and B is very big. The only way that the report is going to show that it is specifically septic systems is to do a DNA test. States if you look at the map, Osprey, Tautemo — yes, there's a high concentration of little houses, on little lots, closest to the pond. States that the next closest is one or two houses on the head of the pond, at the North end — one has a [phosphor] system in it already. States this zone affects zoning in a lot of different places that people own lots, that might have access to Town water already, but haven't decided to build anything yet — you put this regulation in on them, and you've just cut the value of their lot in half. States that the majority of the people that this is going to affect are not here — states there's nobody [public] here now [board meeting] — and they don't know. States a lot of people doesn't understand zoning until something is taken away from them. States that Madaket had more time to deal with this. States he'd at least like to see people that are going to be affected be notified. Cooper — Questions if someone who has a 6- bedroom septic system, but only has a 4- bedroom house and installed the extra -big septic system with plans to put a cottage in on his one acre land. Now, if you run town water through there, he can't put his cottage in and this is saying he can't do it. Confirms that the owner will be able to build to capacity of his septic system. Questions if this is zoning change. Atherton — Confirms that this is not a zoning change. Visco — Confirms that any property owner who doesn't like a regulation, can take the Town to court and challenge the regulation — and most likely, they are going to win. MacNab — Requests to see maps to understand the zoning. Comments that it would be helpful to have Andrew Vorce at the public meeting, and that we definitely need the estuaries report. Asks that when the notice goes to the [news]paper, that it doesn't get buried like everything else does. Cooper — Comments that there may be an association. Atherton — Comments that there should just be an extra step to send a letter to everyone. Cooper — Questions that when the water goes out to Cisco, the people that are affected are the people whose house the water goes down their street, and by their house. Confirms that if you still have a well and a septic system, that you are still limited to 1- bedroom for every 10,000 Eft. Visco — Confirms that that has been in effect since 2000. Action Board agrees to hold the public meeting February 20, 2014. Vote Carried unanimously Page 3 of 5 Minutes for January 16, 2014, adopted Feb. 20 LOCAL • 11 1. Implement this regulation relative to Innovative /Alternative Sewage Treatment Technologies Tracking Program Authority 2. Set a hearing date for adoption of participation document Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Staff Ray — Presents Draft of Local Regulation 65.00 — Innovative /Alternative Sewage Treatment Technologies Tracking Program authorization, as discussed in December Board Meeting. Anticipates this to be a very short meeting. Simply a regulation that we have to adopt that allows engineers to enter information to Barnstable County and it will cost them for every property they enter. It would be a God -send for us. Confirms that this can track regular systems as well — but primarily wants to get the Alternative Sewage Treatment systems under control — and if need be can file an addendum quickly. Discussion Atherton — Questions if this will allow us to track regular systems as well. Action Board agrees to hold the public meeting on February 20, 2014. Vote Carried unanimously 1. Set a hearing date Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Staff Ray — Confirms that he has forwarded the description to the Procurement Officer for her approval and placement in appropriate advertising. States that Sam Talford has offered to come and speak about his work on the Vineyard relative to the progress of fly- overhead photographs, with a GIS map of Nantucket to try to delineate hot spots of deer activity. Comments that one -shot is arbitrary when trying to target where the deer are. States that they are planning to do a second fly -over on the vineyard to corroborate the information they collected from the first fly -over. Plans to discuss this with Mr. Millett, who did the first fly -over and has confirmed with Andrew Vorce that they are funds for professional services for a secondary/final check fly -over if need be. We will try to move forward with that as soon as the Vineyard does. Confirms the numbers should be pretty accurate /sterile. Comments the second fly -over would validate the hot - spots, and provides potential to eliminate more deer by going directly to the hot - spots. Feels some of these hot -spots are going to be on philanthropic land and the fly -over would assist us to convince them to open up their property where the deer have been untouchable previously and help to reduce the population. States that the cost would be much less than the initial fly -over ($11,000). Comments that he has had discussion with Rob Deblinger regarding the Sunday Hunting and has been informed that the Board of Health and /or the Board of Selectman cannot approach the Wildlife Management Board with that question because it is not in their purview to grant Sunday hunting. Sunday hunting will require an act of the Legislature, and I have been informed that there has been a request for a Sunday Hunt in front of the Legislature for close to thirty (30) years. Suggests that there is a slight glimmer of hope as there has never been a public health tie to the request to Legislature. States we've been successful with getting more defined numbers up to the state. Comments to the Board that to be aware that during the public hearing that there will be another side to that proposal. Page 4 of 5 Minutes for January 16, 2014, adopted Feb. 20 Discussion MacNab — Questions the Board how they feel about doing another fly -over. Ward — Feels that if we have the money to do it that we should proceed. Atherton — Questions if there's a sense of an error expectation, and why would the second be any better. MacNab - Comments the hunters probably already know where the hot -spots are. Atherton — States it's a question of priorities. MacNab — Questions if it would be the full $11,000 again. Questions of anything progressed with the Sunday Hunting proposal. Suggests writing a medical justification public health letter and speak to state officials beforehand. Atherton — Comments that he would think that there must be State department of health that would be concerned with the health issues going on here. Discussion ended at 4:37 PM V1. DIRECTORS REPORT / MEMBER COMMENTS 1. Ray — Comments all primary Waste Haulers have now been licensed and we are attempting to contact the other C & D Haulers need to be licensed. Currently working with the DPW for the C &D Haulers that are being charged throughout the year so we can send a letter out to them. 2. Ray — Regarding the emails that had gone out, the Food Establishment that was closed is now open — Nantucket Trading Post on Nobadeer Road. Crowley — Comments that the Nantucket Trading Post had a sewer problem, backing up into the basement kitchen, causing the Health Department to suspend their license - which has now been fixed and they were able to reopen today at about 3PM. The upstairs retail area was not affected and was left open. MacNab — Questions how often food service establishments are inspected. Ray — Comments way more than one inspection a year. Crowley — States that each food establishment receives about six (6) inspections a year, some see more than ten to twelve (10 -12) Cooper — Questions how Crowley found the back up. Crowley — Confirms he found the back up during a routine inspection. Ray — Comments that the state requires two (2) inspections a year and states that we are way above that. Comments that there is a very aggressive inspection program on Nantucket, and we have very few chronic problems. Further states that the Food Service Inspector Mr. Crowley does a fabulous job. Crowley — I would say four (4), not six (6). MacNab — Comments when he was on the Health Board in New Jersey, every meeting there would be a report with the results of the food service inspections — he use to decide where he was going to eat from that report. Ray — There have been different ideas regarding a point system over his years, but nothing has come about and that's fine. Comments he feels we do a fine job the way things are. VIII. ADJOURNMENT Motion to Adjourn: 4:40 p.m. Submitted by: K Bradford Page 5 of 5