HomeMy WebLinkAbout2015-4-16Minutes for April 16, 2015, adopted May 21
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,
Stephen Visco, Rick Atherton
Staff: Richard Ray. Artell Crowlev
-- MINUTES --
Thursday, April 16, 2015
4 Fairgrounds Road, Community Room — 4:00 pm
Called to order at 4:00 p.m
Staff in attendance: Richard Ray, Health Director; Artell Crowley, Deputy Director Health; Terry Norton,
Town Minutes 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
COMMENTS 1. PUBLIC
1. Michael Glowacki, for the Sewer Plan Workgroup — The workgroup was charged by the Board of
Selectmen (BOS) with the public support for the Comprehensive Wastewater Management Plan (CWMP)
and making recommendations on funding for that. The workgroup has done a fair amount of work and came
to the conclusion that the underlying studies and models, which are basis for CWMP, are horribly flawed and
not to be relied upon. The workgroup also concluded that the stewardship of drinking water and natural
resources will require sewering of identified areas. The Septic Management Plan, component of the CWMP,
is being reviewed at this time; it came to the workgroup's attention that there are some areas where there is
overlap in the appropriate uses of innovative technologies and what can and cannot be expected from those
technologies. The workgroup thought it might be a good idea to let the BOH know what it is doing. The
workgroup suggests looking for outside expertise and holding a joint meeting with the BOH.
MacNab — Stated that interaction between the two boards would be a positive activity.
Discussion about ensuring Richard Ray is on the Sewer Plan Workgroup agenda.
APPROVAL OF
1. February 19, 2015 Adopted by unanimously consent.
2. February 26, 2015 Adopted by unanimously consent.
Elmo U31 I
•''' • •
1. 8 Tripp Drive
Sitting MacNab, Cooper, Weld, Visco, Atherton
Recused None
Documentation Supporting documents and plans, staff recommendations.
Discussion Ray — This request is to use a trailer for housing during construction of the main dwelling. The
trailer would be connected to septic and water. He recommends approval not to exceed 24
months.
Action Motion to Approve for a maximum of 24 months. (made by: Visco) (seconded by: Weld)
Vote Carried unanimously
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Minutes for April 16, 2015, adopted May 21
17'. AETTICYTAL,
OF CONDEMNATION ORDER
1. 3 Rusty's Way
Sitting
MacNab, Cooper, Weld, Visco, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Ray — The illegal basement apartment has been vacated; the premises has been inspected on
several occasion. The owner agreed to get a building permit for any work to the basement. He is
asking for removal for the condemnation order but keep the property subject to inspections.
Action
Motion to Approve. (made by: Atherton) (seconded by: Visco)
Vote
Carried unanimously
V. 37 TENNESSEE
1. Variance
AVENUE
Sitting
MacNab, Cooper, Weld, Visco, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Ray — The owner has elected to install legitimate in- ground alternative- technology septic (AI)
system in place. He recommends granting this request.
Atherton — Asked how many houses in Madaket now have AI systems.
Crowley — The bulk of them are in Madaket but he doesn't have those numbers at this time.
Atherton — Said it might be helpful to have a list of how many houses in the various areas of the
island have AI systems.
MacNab — The recommendation for the variance has two requirements.
Ray — The AI system shall be serviced prior to occupancy in the case of seasonal use. AI systems
require maintenance agreements; and documentation of that agreement shall be in the Health
Department office for the life of this system.
Atherton — Asked if Mr. Ray knows why this decision was made over that of an Administrative
Consent Order (ACO).
Ray — They chose this because they are considering selling the property, and ACOs sometimes
cause problems with loan agencies.
Action
Motion to Approve the variance request with the caveats that there shall be a maintenance
agreement in place and the system shall be serviced prior to occupancy in case of seasonal
use. (made by: Weld) (seconded by: Atherton)
Vote
Carried unanimously
2. Septic Betterment Loan
Sitting
MacNab, Cooper, Weld, Visco, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Ray — In conjunction with the variance, the owners have asked for a Septic Betterment Loan
Agreement with the Town at a cost of $79,991.
Action
Motion to Grant the Septic Betterment Loan. (made by: Atherton) (seconded by: Cooper)
Vote
Carried unanimously
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Minutes for April 16, 2015, adopted May 21
T1. A-417
1111-ISTRATIVE
CONSENT ORDERS (ACO)
1. 31 South Cambridge Street
2. 29 South Cambridge Street
Sitting
MacNab, Cooper, Weld, Visco, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Ray — These two dwellings are part of a 5- dwelling townhouse unit; the other three will be
coming in shortly. The $81,000 will be split 5 ways over 20 years.
Action
Motion to Approve the ACOs for 31 & 29 South Cambridge Street. (made by: Weld)
(seconded by: Cooper)
Vote
Carried unanimously
LOCAL VIL
•
1. 64.04 -
Performance Standards For Leaching Facilities
Sitting
MacNab, Cooper, Weld, Visco, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Ray — Natural Resources and Health Department brought these forward. Basically this says: All
septic systems within the Nantucket Watershed District Protection District should be inspected
once every 5 years; if it is found to be in hydraulic failure, a nutrient reducing component system
is to be installed w /in six months of the inspection denoting the failure; and that systems in those
zones that have a separation distance of less than 3 feet must replaced within 12 months of the
inspection. This regulation provides that for zones within Nantucket Watershed District
Protection District documented as in the sewer needs area have the option of applying for ACC)s.
Cooper — If this is adopted as is and residents don't fix the system, asked what happens if sewer
doesn't go there for another 5 years.
Ray — This was adopted for systems that are functioning but too close to groundwater; it saves the
owner from having to spend thousands for a new system while waiting for sewer. If sewer does not
go into that area, an Al system will be mandated and the money returned for its construction.
Discussion about the decision making process in relation to whether or not sewer goes into an area
and the affect on the residents who have entered into an ACC).
Atherton — Would like to see a list of systems that have failed and would be subject to an ACC). He
wants language included that allows termination of an ACC).
Crowley — That language is in the ACC).
Atherton — About the inspections being every five years, asked when those 5 years start.
Weld — Five years sounds like a long time.
Crowley — Inspections of system along Nantucket Harbor started in 2002. Some have been
inspected since on transfer of the property. Some have been repaired.
Atherton — Asked if the 5 years start for that date or if everyone is being "re- clocked" with the
adoption of these regulations.
Ray — The regulations say that the 5 years start with the date these amended regulations.
MacNab — If that is so, people inspected 4 years ago will have gone 9 years between inspections.
Suggested that the 5 years start from the date of the last inspection.
Ray — Can change it to read, "... from the date of a previously submitted inspection."
Crowley — Would like the regulations to include that the inspections are witnessed.
Arthur D. Gasbarro, Blackwell and Associates Inc. — Going back to previous inspection date, that
might be difficult administratively with everything staggered and determining that date; as written,
the inspections would be in a group.
Gardner — Asked the cost of inspections.
Visco — From $1,000 to $1,200, it depends on the system.
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Minutes for April 16, 2015, adopted May 21
Crowley — Under 64.0.4.A in regards new construction in the harbor watershed district, the
language should be perfected; it is open to interpretation as to from where the 300 feet is measured.
Ray — The hearing has to advertised for 3 weeks in the paper; he can put together an ad for the
paper and get it in the paper a week from today which makes it the 3 Thurs in May.
MacNab — Will make a motion to hold hearing on that date once having reviewed all three
regulations.
2. 49.00 —
Tight Tank Regulations
Sitting
MacNab, Cooper, Weld, Visco, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Ray — Town Counsel recommends that this be turned into a local regulation. Properties over
Millie's Bridge shall at the discretion of the BOH be mandated to install tight tank configurations.
In short it creates a tight tank district for year -round occupancy of dwellings. Sewer will not go
beyond Millie's Bridge.
Discussion about granting tight tank in other areas of island.
3. 8.00 — Regulations for Keeping of Animals
Sitting
MacNab, Cooper, Weld, Visco, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Ray — The existing regulation 8.00 does not address problems seen with grown community;
mostly noise associated roosters. Reviewed some of the complaints about farm animals his office
has received. The only permit presently required is to keep chickens. State requires a barn book be
submitted and is kept by animal control officer to insure well-being of animals.
Discussion about keeping that meeting clear for the hearing.
Action
Motion to Hold the public hearing on the 3`d Thurs in May for Regulations 64:00, 49:00,
and 8:00 to include suggestions discussed today. (made by: Atherton) (seconded by: Weld)
Vote
Carried unanimously
' •
• 15.18OW W.1 t i ITA 0 ra I a • •
1. Cisco, Surfside 1 & 2, and Cliffside Beaches
Sitting
MacNab, Cooper, Weld, Visco, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Ray — Routinely sample 14 beaches in the summer weekly; 4 beaches have variance to test
monthly. These four beaches have consistently low counts. Asking to continue once a month
testing for these beaches.
Reviewed the changes in testing of protocols; that change left Nantucket with no beach closures.
Action
Extension of once -a -month testing for these beaches approved by unanimous consent.
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Minutes for April 16, 2015, adopted May 21
DISCUSSION
1. Waste haulers — C &D Haulers License
Sitting MacNab, Cooper, Weld, Visco, Atherton
Recused None
Documentation Supporting documents and plans, staff recommendations.
Discussion Ray — This regulation was enacted a year ago; there are 5 haulers. Also tasked with licensing
hazardous C &D debris haulers to the land fill. Chose 6 visits a year but that changes every year.
Also reported the tonnage and at this point question the need for this regulation. All it has
provided is a very small licensing fee and it is onerous to chase them down to find out how many
runs they made. Is asking the boards opinion on repealing this regulation.
Crowley — It is manageable with known waste haulers and those who do C &D. It is difficult
when we license people this year upon last year's work. It is very cumbersome and difficult to
track.
Cooper — Asked how much money the Town took in from the licensing.
Ray — Negligible in relation to work it took to get it off the ground.
Atherton — The BOS was interested in how much waste was being taken to the land fill and how
much off island.
MacNab — This was initiated by the request of the Town. If the Town has the information they
wanted this has outlived its purpose. We will ask the Town to look at it and come back with a
recommendation.
XILREPORT
1. Initial meeting with state food division personnel:
Crowley — At the last meeting discussed a venison donation program; contacted the state and have been working
on a draft that mimics the New York State program. Have to find a processor. Food bank is on board; but their
board has to vote to approve.
Ray — An issue is the cost of the program. The Food Bank would have to buy additional freezers to handle the
meat.
Crowley — The meat will be ground and frozen into 1- or 2 -pound packs. The meat will come from Island hunters.
The processor will have the right to reject any animal he deems unfit.
CONCERNS '• BOARD
1. Opiate Seminar: Weld — Scheduled for May 9, 2015, from 9:30 a.m. to 11:30 a.m. at 4 Fairgrounds Road, in
the Community Room. Reviewed the speakers.
2. Tick -borne Disease: Cooper — Said he has seen there is a new tick -borne disease. Ray — There is a fourth
disease that has no name yet.
3. Summer Intern: MacNab — Stated a promising candidate who is a public health student has been
interviewed. Ray — There is only $600 in the professional services account. Explained funding for the
position for the month of June.
4. Mosquitoes: Weld — Town Counsel is talking to counsel for the State Reclamation Board, which is
demanding that Nantucket turn over all funding for this project to them before they put the bid out. Ms
Buzanoski, Department of Public Works Director, has stated that testing has started and her crew will do the
initial treatment.
5. Health Department: Crowley — The Health Department is on Twitter for anyone who wants to follow it.
ADJOURNMENT
Motion to Adjourn: 5:10 p.m.
Submitted by:
Terry L. Norton
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