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HomeMy WebLinkAbout2015-1-29Commissioners Minutes for January 29, 2015, adopted Feb. 19 BOARD OF HEALTH r.; ul Town of Nantucket 2 Fairgrounds Road c Nantucket, Massachusetts 02554 r, a www.nantucket -ma gov C-.' = "D Malcolm MacNab, MD, PHD, (chair), James Cooper (Vice ch_airy,-4Ielene Weld, RN, Stephen Visco, Rick Atherton Staff: Richard Ray. Artell Crowlev -- MINUTES -- Thursday, January 29, 2015 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, Deputy Director Health Attending Members: Malcolm MacNab, MD, PHD; James Cooper; Helene Weld, RN; Stephen Visco; Rick Atherton, Board of Selectmen (BOS) Absent Members: None Agenda adopted by unanimous consent 1. None APPROVAL OF 1. December 18, 2014 — (MacNab: in the Regulation 69 discussion, it doesn't seem to say what he recalls as was agreed; asked to hold discussion on the minutes the discussion on Sewer Work Group Meeting.) 081M - Sitting MacNab, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion Rick Atherton — There is a lot of concern about eel grass in the harbor and scallop population; this was conveyed to the Board by Dr. Peter Boyce of SHAB. At the Board of Selectmen (BOS) workshop the discussion revolved around what can be controlled: septic and fertilizer. Action needs to be taken and that involves the BOH. The BOS feels a need for a definitive understanding of the pump outs under the current situation and requiring pump -outs annual or semi - annual and how much nitrogen would be taken out of the harbor if that is done. Most people felt fertilizer use comes down to enforcement all that goes with that. If the trends outlined for eel grass continues, "it won't make a difference." The issue is that needs to be moved on. Ray — Said he would like to be included in the next series of discussions. MacNab — This discussion will be put on the BOH agenda as soon as possible. Sitting MacNab, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion MacNab — Charlene Chadwick is off island but we did receive the charts. You can see that last year we did have a reduction in cases of Babesiosis and Lyme Disease. He sent out the State document in regards to Hepatitis C; Nantucket had 8 to 10 cases. Because the numbers are so low, there is no report in prevalence; Center for Disease Control (CDC) data reports prevalence at about .6 per 100,000. Massachusetts has been running about that for the last few years. 10 cases is not above the State trend. Page 1 of 7 Minutes for January 29, 2015, adopted Feb. 19 Ray — Because Nantucket is in the lower percentage, we are designated as "suppressed." MacNab — They do that to protect confidentiality when the numbers are that low. Ray — Referring to the graph he provided, there is an up -swing in sexually transmitted diseases. MacNab — These numbers don't indicate a need for an educational campaign as was done for tick - borne diseases. Ray — The reports are based upon 2013 numbers. The 2014 numbers are not yet available. MacNab — Suggested the rise in sexually transmitted diseases might be related to the rise in drug use. KfAkWORT01810 • • lwulfflj� Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion Kara Buzanoski, Director Department of Public Works —The Home Rule Petition that was sent to the State Legislature was enacted, though differently from the way it was presented. Chapter 252, which is the MGL that creates the State Reclamation Board (SRB) and County Mosquito Control boards, could have been accepted at Town Meeting; but we wanted to set it up differently. Last year we were at $102,500, which was used to hire Vector Disease Control that did the mosquito control. Ray — Stated that BOH did not hear about that, which means it worked very well. Buzanoski — She and Helen Weld sat in via conference call with the SRB, which lobbied to have the Home Rule Petition changed to say that Nantucket is its own Mosquito Control Board. The changes grant access to private property and provide protection from waiver regulations. The way it is funded is the gist of the issue; according to the SRB, an approved Mosquito Control District the money has to go to the SRB. Initially, Nantucket would hire and work with the vendors; this cuts us out of the loop. She is having Nantucket Town Counsel speak with the SRB counsel in hopes of resolving this so that Nantucket has the autonomy to continue doing what we have. Stated that she is working to get a Home Rule Petition put through that recognizes Nantucket as a stand -alone entity. Atherton — Asked who pushed for the changes. Buzanoski — Representative Tim Madden indicated that it started in the House due to issues with the wording. She explained the intent to him and it changed a little bit coming from the House to the Senate. She heard nothing from the Senate and when it came out looked nothing like what went in. Discussion about who changed the petition and whether or not it was push back from the SRB to prevent other communities from moving for similar autonomy. MacNab — Asked if there is anything the BOH can do. Buzanoski — Right now it is a wait and see situation what happens between the two counsels. Town Counsel is aware of the desire for Nantucket to be autonomous. It might mean her going to the legislature to plead the case. Atherton — Asked if SRB is good at what they do, is their being in control such a bad thing. Buzanoski — They would do the entire bidding process. Town Counsel is exploring what would happen if Nantucket says no to the MGL Chapter 252 designation and goes on doing what we have been doing. Discussion about what property owning entities have said no to the mosquito control and what to do about that. Page 2 of 7 Minutes for January 29, 2015, adopted Feb. 19 Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion Weld — She reached Cheryl Bartlett who would love to come and moderate the panel. Her question was given the number of heroin overdoses thus far would we rather do it sooner rather than later and repeat it in August. Atherton — The fact that we have this "Post Traumatic /PTSM" group in place, asked if it is appropriate to work though them to ensure this is concert with their goals. Weld — Bonnie Kestor the Chief Nursing officer at the hospital has been appointed head of a hospital program which is in the beginning stages. Ray — It would be part of a discussion with Ms Kestor and Ms Bartlett as to how to shape this up. The BOH and both other parties can come up with a number of prominent individuals who can assist setting up a one -day symposium. MacNab — Asked who the target audience would be. Weld — The local community. Ray — Family and Children Services and members of the hospital staff that deal specifically with opiate addiction should be a part of this. Discussion about who the focus target population would be of this symposium. VARIANCE • Three properties in Fishers Landing: 14 Creek Lane /7 West Way /29 Ridge Lane Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion Richard Glidden, for two of the property owners Paul Santos, Nantucket Surveyors — Asking for a variance to separation of septic from water within the Massachusetts Harbor Watershed District. The subdivision was approved in 1977 and at the time provided with municipal water. At the time the regulation was put into effect in 2009, the majority of the subdivision was serviced by municipal water. There are still a few lots on wells. These three lots are on municipal water. The three owners are Victoria Zehner, Christopher Mills, and Dwight Holmes and had purchased the lots with the intent of construction single family homes and secondary homes with up to 6 bedrooms each. When a lot is on Town water and has a septic system as is the case with these properties, the state environmental code allow these one bedroom per 10,000 square feet. The State also restricts bedroom in regards to specific areas; reviewed those areas. This subdivision is not in any of those areas. It falls under local regulations that limit flows within the Madaket Harbor Watershed District. 14 Creek Lane is 12,094 square feet (SF); 7 West Way is 10,192 SF; 29 Ridge Lane is 10,536 SF. Reviewed a map of the subdivision in the aggregate, which shows open space. State Title 5 allows looking at the restriction in the aggregate; doing that allows 503 bedrooms in the entire are; currently there are 347 bedrooms in the entire subdivision. Reviewed the ground elevation and direction of flow; this is not an area where everything flows toward the harbor. Reviewed the conceptual septic design for the lots. Atherton — Asked for clarification whether or not the limitation is based upon the leech field and is meant by an expansion area. Santos — Yes. The expansion area is if the system fails there is room to put in a replacement system. Explained how the septic system, regardless of whether or not a property is on town water, regulates the total number of bedrooms a structure, or structures, can have. The other restricting elements do not apply here: it is not in a Zone 2, or a public well recharge area, or a nitrogen sensitive embayment area under State regulations; we are in a Town Harbor Protection District. Page 3 of 7 Minutes for January 29, 2015, adopted Feb. 19 Ray — Asked if there are any State approved nitrogen sensitive embayments. Santos — No, under Title 5 there are no nitrogen sensitive embayments. Ray — All the nitrogen sensitive embayment areas are local; the State allowed communities, with their approval, to establish those nitrogen sensitive areas on their own. Atherton — Expressed concern about setting precedent if this variance is granted. Discussion about whether or not future owners could make similar requests using the same argument. Cooper — Hypothetically, if someone buys a house in the area and demolishes it and comes before this board for a variance to build a 7 bedroom house, asked if the BOH would be able to refuse them after granting these properties the variance. Ray — Granting a variance to vacant lots, and not those built upon, would be considered arbitrary. Everyone has a right to request the same variance. Since 1977, much has changed; the Madaket Harbor Watershed Protection District was created. He does not look at the regulations having been created to limit the number of bedrooms in the area; they were developed to regulate the nutrient loading to Madaket Harbor, Hither Creek, the ditch, Long Pond, and other estuaries. We know Madaket Harbor to be an endangered water body because of the nutrient loading factor. Septic Systems are only on factor but a factor that can be controlled. Read Regulation 54.02c, which does not exempt properties connected to a municipal water service from septic compliance. Aggregate loading was not in the lexicon at time this subdivision was created; if the subdivision comes in with a legal document agreed to by the BOH for aggregate determination, he would have no concerns about the build out of these properties. His recommendation is to deny these variance to each of the properties. Glidden — It is a question of fundamental fairness. When sweeping regulations are enacted, there has to be incidences where they are unfair or the imposition doesn't serve the purpose of the act. It becomes onerous to homeowners. All his clients want to do is put a house on the lot which is commensurate with every other house in the subdivision. He does not see how 18 bedrooms instead of 6 in that subdivision with that density will have an impact on the health and safety of the people of Nantucket. He believes what they are asking is reasonable and fair. MacNab — Regulation 54 is the same concept as was used for Hummock Pond watershed area, when they put Town water in. It was limited to Zone A at that time. If you start multiplying one or two bedrooms over the island, it becomes significant. Ray — If he had to define aggregate determination for the property, he could legally say they could do some construction but they would still have to be constrained by Section C, which simply said that even though you have municipal water, you can't build property out over 1 bedroom per every 10,000 SF. This allows Alternative Design technology to go in; it helps in the board's approach to Madaket Harbor and Hither Creek and would allow them use of their property. His concern is that once these three properties are granted unfettered access to bedroom counts, the rest of the subdivision would follow suit. Cooper — He did a subdivision off Hummock Pond road that is just like this one with 85 acres, two- thirds of which are open land. Those owners are subjected to 3 bedrooms and one dwelling; it went into the deed. After 30 years, all that has gone away; does that mean they can do the same thing? They have more land than Fisher's Landing has. Ray — There is no water out there so they are still restricted to one bedroom per very 10,000 SF. Cooper — He is afraid that down the road, the board will be lambasted by a large number of people trying to increase the number of bedrooms. He needs to know now where this board will stand. Glidden — Asked why the board can't make the determination that this area is unique because of the vacant undeveloped lots in a 30- year -old subdivision. Cooper — Once a structure is torn down, it becomes an empty lot. These three are empty lots. He foresees the argument that the situation is the same. Fisher's Landing is not built out. There are many more bedrooms to be brought in by variance. Page 4 of 7 Page 5 of 7 Minutes for January 29, 2015, adopted Feb. 19 Santos — The IA system component adds another tank and $15,000 to a system. He does not think the IA component is something his clients would be willing to agree to on these lots. Atherton — In his mind there is a possible compromise; he doesn't think the BOH has to see this as all or nothing. In terms of the tear -down issue, there might be some lots that have two bedrooms that were never built out. He doesn't think it is easy considering the long -term impact. He is not ready to vote this afternoon. Glidden — Asked if the board would continue to allow him time to talk to his client to come up with a compromise. MacNab — The consensus of the board is that they aren't ready to vote. Asked Messers Glidden and Santos to talk to their clients about possible compromises. Alternate Technology might be worth the investment. Action Motion to Continue. (made by: Weld) (seconded by: Atherton) Vote Carried unanimously VIII. TIGHT TANK REQUEST 129 Wauwinet Road Sitting MacNab, Cooper, Weld, Atherton Recused Visco Documentation Supporting documents and plans, staff recommendations. Discussion Paul Santos, Nantucket Surveyors — This area has a mapped barrier beach, endangered plants and endangers species, and high groundwater. The existing system is for 2 bedroom; this is an upgrade of that system with no increase in bedrooms. Ray — A compliant system is not going to fit on the property; he has no concerns with the tight tank going in. However, there are a couple of stipulations: the property must maintain a pump -out maintenance contract with a licensed system pumping service for the duration of the system, and the structure will be occupied no more than 6 months a year for the life of the system. A tight tank no requires payment of a privilege fee. BuzanosId — The DPW has in the past collected privilege fees. Atherton — Asked if this owner accepts these restrictions. Santos — Yes; noted that there are certain cases where a conventional system can go in. Atherton — Noted that there is a year -round tight tank on Crows Nest Way; asked if there are many of those. Ray — There shouldn't be; all those houses are seasonal. Action Motion to Approve with stipulations outlined by Mr. Ray. (made by: Atherton) (seconded by: Weld) Vote Carried 4 -0 Page 5 of 7 Minutes for January 29, 2015, adopted Feb. 19 " OF • GROUP Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion Ray — On January 20, this work group met. The following recommendations were made: correspondence will be reissued to all property owners where sewer currently abuts their properties and said properties connection to a sanitary sewer has not be recognized by the Department of Public Works; those properties which are in delineated harbor and pond watershed protection districts as defined by local BOH regulations and those properties located within the Department of Environmental Protection (DEP) municipal wellhead protection districts shall have 6 months to connect to existing abutting municipal sewer lines from the date of written notification. Those properties which are not in any watershed protection districts or Zones 1 or 2 of the DEP municipal wellhead protection districts shall have two years to connect to existing abutting municipal sewer lines from date of written notification. A map shall be developed by DPW prior to notification of property owners which denotes all watershed protection districts and any existing sewer lines within these districts. Letters shall be specific to those properties dependent upon their inclusion or non - inclusion within these districts. Two forms of correspondence will be sent. A policy statement shall be developed by the Health Department and approved by the BOH mandating connection within the required time frame or the property owner shall provide evidence of a paid sewer entry permit and an agreement with a licensed contractor for installation within 12 months of required connection. An addition will be made to the Town of Nantucket septic system inspection form which includes under system failure criteria, "System not in compliance with local Regulation 69.00 mandating connection to an abutting municipal sewer." Cooper — Asked if the two forms of notice would include "return receipt requested." Ray — We will have to do that. MacNab — Regulation 69.00 seemed to be uncertain; asked if modification have to be made to the regulation. Ray — This is the clarification. This will be a reissue of notification with a policy statement by the board. Extensions are possible with evidence of paid sewer entry permit and an agreement with a licensed contractor for installation, allowing those within the watershed protection districts will have a total of 18 months and those outside will have 3 years. MacNab — As he recalled in the minutes from December 18, 2014, the letter would go out next Monday. Ray —That is what the minutes say, but that didn't happen. We amended the protocol, not the regulation. We are going to do it right this time. Atherton — Thinks the minutes are okay. For clarification as he understand it, the board should take no action to allow the committee time to review the regulations. But we didn't need to do the regulations, just adopt a policy. MacNab — The minutes specify what happened; he's not sure they reflect exactly what was said. The minutes reflect the "spirit" of the discussion; as it doesn't seem to be a big issue with everyone else, he will not pursue it. This is a clarification of the existing regulations. The problem was with the actual notification date of the property owners involved. Santos — Asked if property owners who have installed mandatory 1A systems have been excluded. MacNab — No, it does not exclude them. Santos — Asked if that is something the board would consider. If an IA system is functioning properly, he does not see why should someone be required to tie into Town sewer. Weld — They shouldn't have put in a IA system if there was sewer available. Santos — He is referring to new lines going in such as Madaket and Monomoy. Page 6 of 7 Minutes for January 29, 2015, adopted Feb. 19 MacNab — That is an excellent question. Ray — We have talked about giving them between 3 and 5 years. Action Motion to Accept the letter and memo of Jan 20 outlining the clarification of Regulation 69.00 and the BOH endorsement of such. (made by: Atherton) (seconded by: Weld) Vote Carried unanimously • 0 0 11 :. Use of Tobacco on Beaches and Public Spaces Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion Ray — He will post the public hearing and get the process started. 1. Ray — He has been in contact with an individual from the Department of Public Health (DPH) in regards to discussing the potential for a food service network regarding deer meat. He has not heard back in regards to where would be a correct location or time for this discussion. His concern he might need help from the BOH chairman to secure approval for funding should the DPH rep wish to meet on island. MacNab — If Mr. Ray can't get the funding, he is to contact Dr. MacNab immediately. This is an important discussion that needs to take place. Ray — It would be nice to have a mobile processing system come in during deer season. The biggest problem is gaining DPH permission to allow this meat as denotable items to the food pantry and potentially to be sold in restaurants. He put a feeler out to an individual at Fish and Wildlife but hasn't heard back. MacNab — To him the priority is with DPH. Ray — The person in charge of Fish and Wildlife for this district is familiar with Nantucket's situation and he is confident of his support. He has had a meeting with Representative Tim Madden but has not been in touch with our senator. MacNab — Mr. Madden is on board but won't support Sunday hunting. Reiterated his support in getting funding to make those meetings happen. 2. Weld — Asked about the BOS discussion in regards to Millie's Restaurant. Atherton — They are looking for changes in seating in the bar area; the BOS technical involvement is that they approve layout in anything involving a liquor license. The matter has been continued. Ray — Asked the BOS to continue the matter until a defined plan is provided that shows what is proposed inside with removal of the finger bars are high -tops and what impact they will have on the initiation of a new bar downstairs. Mr. Crowley will review that very carefully. He is still hearing from Planning that a "seat" was never determined as a chair; it is the amount of people in the building. MacNab — The BOH was very clear that "seat" is a place setting taking up space. Visco — Asked Mr. Atherton if he would have a conflict of interest sitting on both the BOH and BOS. Atherton - Their jurisdiction is very different. Crowley — This recent proposed change, the BOH determined how many people would be standing and how many sitting. Now they are removing the tables and putting in 19 barstools; everyone else would be standing. The goal post might be changing a little but the BOH might have to change their definition. Cooper — Asked if the seating coincides with what the Fire Department and Insurance say is safe occupancy of the building. Crowley — The building department says the floor space calculation allows for up to as many as 180 people. Cooper — Would like to see the Fire Department numbers. Ray — That is not germane. Motion to Adjourn: 5:34 p.m Submitted by: Terry L. Norton Page 7 of 7 Via Email and Mail February 25, 2015 The Inquirer and Mirror ATTIC• Lori Kebbati PO Box 1198 Nantucket, MA 02554 Hi Lora: Please run the following legal notice in MARCH 5 & MARCH 12, 2015 issues of the newspaper, and bill to Board of Selectmen's account # 102709 -09. Please send proof when ready. Thanks, Anne McAndrew PUBLIC NOTICE Please be advised that the Board of Selectmen will hold a public hearing on Wednesday, March 18, 2015 at 6:OOPM to consider renewal of Seasonal licensing categories for Seasonal liquor licenses and Junk Dealers licenses. The hearing will be held at the Public Safety Facility, 4 Fairgrounds Road, 1St Floor Community Room, Nantucket, MA 02554. For further information, please call the Town Administration office at 508- 228 -7255. BOARD OF SELECTMEN CC: Board of Selectmen William Pittman, NPD Mark McDougall, NFD Leslie Snell, PLUS Catherine F. Stover, Town Clerk