HomeMy WebLinkAbout2015-5-21Minutes for May 21, 2015, adopted June 18
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 Crowley, Kathy Lafavre
-- MINUTES --
Thursday, May 21, 2015
4 Fairgrounds Road, Community Room — 4:00 pm
Called to order at 4:02 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; Stephen Visco; Rick Atherton, Board of
Selectmen
Absent Members: Helene Weld, RN
Agenda adopted by unanimous consent
COMMENTS 1. PUBLIC OF DDRESS COMMISSIO
1. None
APPROVAL OF
1. April 16, 2015, Adopted by unanimous consent
111. VARIANCES
1. 9 North Point Road — Fishers Landing
Sitting MacNab, Cooper, Visco, Atherton
Recused None
Documentation Supporting documents and plans, staff recommendations.
Discussion Ray — Reviewed the variance request which is very much like the previous request.
Paul Santos, Nantucket Surveyors, for the applicant — Reviewed the previous hearing for similar
requests for 3 of the five vacant lots in the subdivision. This is an additional owner and the
circumstances are exactly the same as the other three 12,913 square foot (SF) lot 330 gallons per
day (GPD) for 3 bedrooms with enhanced nitrogen removal system.
Ray — Recommends grant with the following stipulations: installation of an alternative design
nutrient reducing system not to exceed 330 GPD, a maintenance agreement signed by the owner
shall run in perpetuity with the property, the dwelling unit on the property shall comply with all
local regulations associated with bedroom capacity.
Cooper — Confirmed that the last three variances granted provided for one more bedroom than
what the groundcover allowed. This looks like they want to go from one bedroom to three.
Santos — This is consistent with the prior approvals.
Action Motion to Approve with stipulations as outlined by Mr. Ray. (made by: Visco) (seconded by:
Atherton)
Vote Carried Unanimously
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Minutes for May 21, 2015, adopted June 18
2. 2 Ahab Drive
— Hummock Pond Village
Sitting
MacNab, Cooper, Visco, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Ray — The property currently utilizes on site well and septic mandated to use alternate technology
system. The 25,000 SF property has 3 bedrooms; they are requesting a 4- bedroom system. This
property is within the Hummock Pond Watershed District. They are not proposing to use an
alternate technology system. The department is aware of the cluster development and the 54 acres
of open space. This office is reluctant to grant the variance until an aggregate determination plan
is filed with the Department of Health.
Cooper — Never did an aggregate determination.
Ray — Correct when the subdivision was proposed. Now they want to increase bedrooms not
provide Al system in a nitro sensitive area.
Atherton — Thinks this is similar to Fishers landing.
Visco — Would like to see the aggregate plan.
Teddy King, surveyor, for the applicant — existing 3 bedroom with studio; the system is going to
replace in kind.
Ray — That still doesn't modify recommendation they exceed the 1 bedroom for 10,OOOSF.
Cooper — There are 36 houses in that development all the same size.
Ray — Would have to see an aggregate plan that carves out the lot.
Action
Continued till such time as an aggregate plan is made available by unanimous consent.
HEARINGS IV. PUBLIC
I. Amendments to Local Regulations 64.00— On -Site Sewage Disposal Systems.
Sitting
MacNab, Cooper, Visco, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion
MacNab — Reviewed Regulation 64.00. Opened hearing at 4:12
Ray — Reviewed the salient points of the regulation. Asked that after public comments that the
hearing be continued to a day in the future following a presentation by an expert in alternative
design and elements that affect ground water quality.
Atherton — Thought there would be a waiver process that might involve an Administrative
Consent Order (ACO).
Ray — Reread Section 4 addressing Mr. Atherton's concern.
Atherton — His understanding was the exception would apply to all areas in the needs area due to
the uncertainty of sewering.
Ray — Reread that section of the regulation.
Atherton — Mr. Ray said "may" and he understood "shall".
MacNab — That will be clarified.
Cormac Collier, Executive Director Nantucket Land Council — This is a giant leap in terms of
protecting the harbor. He saw no sunset date for requirement to turn over to an IA system; if
sewcrmg were not to happen, in 5 to 10 year time perhaps the board should consider a deadline
date for transferring over to IA. He doesn't understand the need for Number 4 on pages 8 & 9; if
it's all sandy soil, there is not that much attenuation of nutrients and it is all going into the water.
Ray — understand that number might change pending upon what the expert says.
Maureen Phillips, Madaket — The sunset revision; Madaket has an issue with Millie's Restaurant
which had a failure of the system; if it had a failure this year, asked if this regulation would come
into play and if commercial establishments will be considered differently than residents.
Ray — That is a different watershed and these regulations don't apply. Millie's Restaurant has a 1-
year -old septic which is working properly.
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Minutes for May 21, 2015, adopted June 18
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MacNab — He is concerned about further putting off a decision on this regulation as they have
been discussing it already 3 or 4 months.
Ray — Explained his reasons for delaying the vote in favor of hearing from the expert.
Cooper — Asked what type of system a new dwelling constructed in the area today would have to
put in.
Ray — It depends upon the size of the lot: for one bedroom over 10,000 SF would require
alternative technology. Otherwise it would be a conventional system if all Title 5 and local code
parameters can be met.
Visco — If these go into effect, a new structure would have to put in an alternative system.
Ray — These regulations would apply to every dwelling in the Harbor Watershed Protection
District. That's why he wants to get an expert recommendations; many of the structures in that area
are seasonal and might do better with a pressure dosing system.
Consensus wants to hear the expert
Action
Without objection hearing kept open for a presentation by the expert.
2. Draft Regulation 8.00 — Regulations for the Keeping of Animals
Sitting
MacNab, Cooper, Visco, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion
MacNab — Opened the hearing at 4:30 p.m.
Ray — These are brought about primarily due to noise concerns. He recommends this issue be
continued for the formation of a committee to create appropriate regulations. A vote on the
regulations would be at a future date. The Agricultural Commission has proposed some changes to
these regulations.
Curtis Barnes, 12 Sunset Hill Lane — Agrees with Mr. Ray's recommendation for a committee to
review the regulations. Suggested coming back no later than September.
Berry Rector, 14 Somerset Drive — For he and his neighbors, they are pleased about the process
proposed. Reviewed some concerns: is this an expansion of Article 5 or separate a entity; people
who want to have livestock must have a public hearings with plot plans and notification of abutters;
the Board of Selectmen (BOS) being the authorizing authority for this and whether or not any of
them have animal husbandry experience; experts in agriculture should be consulted; it is important
to have the Conservation Commission involved when their jurisdiction is involved; there is already
licensing process in place that isn't addressed in these regulations; references to immunization and
the possibility that the town is crossing state & federal regulations; manure management proposal is
egregious. This whole regulation seems to center around roosters; asked how many complaints
were actually filed. It might be worth implementing a grandfather clause for those who have
animals for many years already. Encouraged the board to look at House Bill 712, which is under
consider in the House of Representatives. Suggested 3 people from the general public for the
committee to keep the numbers odd.
Officer Susan Gail, Animal Control Officer and Barn Inspector — The biggest complaint is
apparently roosters crowing. Putting them in a small box over 12 hours is problematic. In small
community areas chickens should be penned. It just states in the regulations, Horses for health
issues; there are no large animal veterinarians on the island. Also pointed out that animals on the
island won't get rabies; any livestock animals coming to this island should have health certificates to
ensure they aren't carrying something. Reiterated that largest complaints she responds to are
roosters crowing.
Tracy Patton, 4 Sunset Hill Lane — She is here to defend roosters. This document declares
roosters as a public health issue. The box described in the regulations for containing roosters is
animal cruelty; it doesn't allow them to stand up and stretch their necks. Fining the owner $100 a
day is unfair. The regulations would supersede the state of Massachusetts and HB 712 & 713. A
veterinarian, Agricultural control, Animal control, and farm members should be included in this
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Minutes for May 21, 2015, adopted June 18
workgroup. She defends manure as a sustainable useable bi- product of keeping farm animals. Feels
this regulation is misguided and lacks background and is inappropriate, burdensome, and untenable.
Susan Hayford, 41 Madaket Road — Transferability has not been addressed in the regulations; she
wishes to be able to transfer her barn for keeping of animals to her children and would restrict
selling a barn as a barn. Reviewed the composting process for manure. Concerned with 200 feet of
abutting dwellings. Without grandfathering, these would cause substantial hardship to current
owners of farm animals.
Peter Bayard, 8 Wood Hollow Rd — He has kept animals over 20 years. His neighbor sent has the
animal control officer several times to his house. He feels he was bullied into moving his geese and
containing his rooster. He believes disgruntle neighbors are the driving force behind these
regulations.
Mary Ann Worth, 14 Somerset Lane — Asked how many rooster noise complaints the Department
of Health has received in the past year and who made them.
Ray — Four complaints from four different sources.
Jeff Ross, 60 Pochick Avenue — Asked what would happen if the manure regulations were put into
place in this form and a neighbor wants to expand their property to within 200 feet of the barn.
Ray — The intent is 200 feet from the property lines not dwellings. The regulations should be
changed to say that clearly.
MacNab — The work group would go further into these details.
Charles Fisher, 7 West Miacomet Road — Asked the board to reaffirm the original memo signed in
1931 and reaffirmed in 1991. There are a lot of noise issues on this island in regards to loud music
and parties but those aren't considered health problems.
Campbell Sutton, Chair Agricultural Commission — The commission has been working on the
idea of developing regulations on keeping farm animal for quite some time. They consider the
regulations as a way to protect owners and their animals. Zoning is increasing the density of people.
There have been several situations that have left animals in stressful situations or receiving poor
care. The commission has been trying to track nuisance complaints about chickens and roosters.
Jeff Bolton, — Stated what he heard is that the Agricultural Commission is pro landscaping and anti
animal. He is worried that because of the regulations he might find one day that he has to kill an
animal and lose the right to keep animals because of a neighbor's complaints. Doesn't see how a
noise complaint is a health issue.
MacNab — His sense is the workgroup is necessary for several reasons and to ascertain how to
address those reasons.
Karl Ottison, 170 Orange Street — Consideration of health issues is far from needless; noise
complaints bear considerable weight. His neighbor's rooster is a health issue because of sleep
deprivation for him and his wife.
Jeff Barstow — The item requiring any new permit request to have a public hearing indicates that
the BOS does indeed want to be in a position of giving permission to anyone wanting to keep
livestock. As someone who sleeps days and works nights, often he can't sleep because of party
voices and music. If we call rooster noise a health issue, this could open a flood gate of noise issues.
MacNab — The BOH will form a working group and nominate people to be members. Anyone
interested in being part of the workgroup should contact the Health Department. There are a lot of
issues to be addressed — health, vaccine, animal control, animal care — and which town entity should
take care of them. The Board of Health has regulatory and legislative power under the state to enact
regulations. The group will have the Animal Control Officer, someone from the Agricultural
Commission and BOH, and the public. Establishment of this group will be in public meeting and
open.
Crowley — Anyone interested should fill out a form and submitted it to the Department of Health
office.
The public hearing closed at 5:28 without objection
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Minutes for May 21, 2015, adopted June 18
MacNab — Asked that any interested should submit their applications now and at the next meeting
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the BOH will make the decisions for the workgroup.
Action
Formation of committee by unanimous consent.
3. Draft Regulation 49.00 - Madaket Tight Tank Policy
Sitting
MacNab, Cooper, Visco, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion
MacNab — This regulation addresses north of Millie's Bridge Madaket where there will not be
Town sewers. Opened at 5:36 p.m.
Ray — Explained the regulation. The Department of Environmental Protection and the BOH are in
agreement about denoting the area north of Millie's Bridge as a tight -tank area; it doesn't allow new
construction or expansion.
Cooper — Asked if this means owners will sign an agreement with the Town.
Ray — The property owners will maintain a maintenance agreement, and be charged routine sewer
fees as all effluent must be carted to the Wastewater Treatment Plant.
Atherton — Asked if there is a point where use of a tight tank is and does the board want to
encourage that requirement
Ray — That is a set regulation dependent upon the size of the property and bedroom count. 90% of
the properties north of Millie's Bridge are extremely small and would automaticly require tight tank
installation.
Closed at 5:38 by unanimous consent.
Action
Motion to Adopt Regulation 49.00 effect July 1, 2015. (made by: Atherton) (seconded by:
Cooper)
Vote
Carried unanimously
4. Draft Regulation 73.00 — Prohibition of Smoking on Town of Nantucket Owned Recreation Areas.
Sitting
MacNab, Cooper, Visco, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion
MacNab — Opened hearing at 5:40 p.m.
Ray — Reviewed the purpose of the regulations. Carcinogen inhaled on beach and trash is health
issue. Town Counsel included other town properties beside beaches.
Paul Waine, 4 India Street — There is an abutting pocket park used by smokers; there are a large
number of butts left in the park as well as excessive 2nd -hand smoke; that went so far as to set off
his 3 ,d _floor smoke detector. Asked that pocket parks be included.
Closed 5:43 p.m.
Cooper — He is concerned the regulations would have to include sidewalks, streets, bike path, and
Town parking lots. He feels his position on this board is to make rulings with teeth. He doesn't see
how this would be policed.
Ray — Only those areas of public municipal beaches, municipal playgrounds, parks and adjacent
parking to these municipal facilities are subject; streets, sidewalks, and bike paths are not covered by
this regulation.
Cooper — Asked again how this would be enforced and what the consequences for violators would
be.
Ray — Public education and signage will be the main thrust. Policing is 73.05 enforcement which is
done by Town of Nantucket police, seasonal officer, marine and health and Natural Resources
personnel. Violators can be penalized by a non - criminal disposition process; also beach stickers can
be removed from the vehicles of repeated violators. Warnings and educational opportunities will be
implemented.
MacNab — This gives the opportunity for enforcement officers to ask people not to smoke in in
these public areas.
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Minutes for May 21, 2015, adopted June 18
Discussion about enforcing this regulations.
Waine — Spoke in support of removing the butt reservoirs and putting up signage; agreed that it is
a public awareness issue.
Action Motion to Adopt Regulation 73. (made by: Visco) (seconded by: Atherton)
Vote Carried unanimously
1. Madaket Millie's Restaurant seating — Summer 2015
Sitting MacNab, Cooper, Visco, Atherton
Recused None
Documentation Supporting documents and plans, staff recommendations.
Discussion Ray — The Health Department has an agreement to meet with proprietors of Millie's to outline
the appropriate seating arrangement and what enforcement actions will be upheld.
1. Final Report
Discussion MacNab — The symposium was well attended. He was surprised by the prevalence of the
problem of opiate addiction on this island. He received feedback from family members of those
suffering from addition that they wished the question session was longer. Suggested holding a
smaller symposium at a later date to allow them that.
Phil Gallagher — Stated that in the past he has learned more from people with a problem like
addiction and how they can /cannot deal with day -to -day problems. Suggested doing something
similar.
CONCERNS VIL • BOARD
1. None
1. Ray — Thanked the BOH and feels much progress has been made with the fully functioning BOH. Board
said Goodbye to Mr. Ray.
Motion to Adjourn: 5:57 p.m.
Submitted by:
Terry L. Norton
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