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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 Page 1of6 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. Page 2of6 Minutes for May 21, 2015, adopted June 18 Page 3 of 6 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 Page 3 of 6 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 Page 4 of 6 Minutes for May 21, 2015, adopted June 18 MacNab — Asked that any interested should submit their applications now and at the next meeting Page 5 of 6 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. Page 5 of 6 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 Page 6 of 6