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HomeMy WebLinkAbout2015-7-16Minutes fox June 21, 2015, adopted Aug. 20 BOARD OF HEALTH Town of Nantucket 16 Broad Street Nantucket, Massachusetts 02554 x-vAvw.nantucket- ma.gov Commissioners: Malcolm MacNab, MD, PHD, (chair), James Cooper (Vice chair), Helene Weld, RN, Stephen Visco, Rick Atherton Staff: Artell Crowley, Kathy Lafavre, Anne Barrett -- MINUTES Thursday, July 16, 2015 4 Fairgrounds Road, Community Room — 4:00 pm Called to order at 4:01 p.m. Staff in attendance: Artell Crowley, Interim Director of 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 1. None ELECTION OF OFFICERS 1. Mr. Atherton: Made the motion to maintain the present structure of Dr. MacNab as Chair and Mr. Cooper as Vice chair (Visco second) Carried unanimously VARIANCE • 1. 11 Head of Plains Road (63 -65 & 66) Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion Crowley — A pre - existing to regulations, vacant 241,000 square feet (SF)lot; they can't meet the 300 -foot setback to the pond. Recommend with I/A Septic -tech system and the lot restricted to 12 bedrooms. Cooper — Asked if any rights of ways are in the way of septic const (no). Asked if the lot can be subdivided (no). With 12 bedrooms as is the limit, asked what the chances are the owner will come back with a second dwelling that uses up the 12. Paul Santos, Nantucket Surveyors —The purpose is to max out to 12 bedrooms; he plans to look at making the septic pad big enough to accommodate 12 bedrooms. There is an approved building envelope with the potential of a primary and secondary dwelling. There is a restriction that the deed be filed noting that the lot has an I /A. Atherton — Asked what the direction of groundwater flow. Santos — Groundwater flow is toward the ocean but it is close to Long Pond. If this lot were newly created, they could not build because of the 300 -foot setback; this lot pre -dates regulations. Atherton — Asked if any new lots can be created in this area. Santos — No new lots can be created in this area. Cooper — If 8 bedrooms are going in, he want to approve an 8- bedroom septic system with the applicant coming to increase the system to 12. Crowley — If you are adding onto a system that is being approved now, he has to do is show the expansion on the plan. He will have to come back to extend the system. Page 1 of 3 Minutes for June 21, 2015, adopted Aug. 20 Action Motion to Approve with the 12- bedroom I/A system. (made by: Cooper) (seconded by: Weld) Vote Carried unanimously 2. 15 Washington Avenue (60.2.1 -42) Sitting MacNab, Cooper, Weld, Atherton Recused Visco Documentation Supporting documents and plans, staff recommendations. Discussion Crowley — This was verbally approved within the office and never came to the board. The foundation and structure were built 3 feet closer than the regulations require. The applicant is asking for relief from 20 feet for 17 feet. Geoff Thayer, owner — He applied for the building permit showing the structure within 20 feet of the leach facility; when work was done, he submitted the as -built to Richard Ray, who signed off on it. Work was completely permitted by the HDC and the Building Department; he has a Certificate of Occupancy. He did additional waterproofing to that corner of the foundation. Crowley — Stated that variances like this have been granted in the past. Action Motion to Grant the variance. (made by: Atherton) (seconded by: Weld) Vote Carried unanimously IV. NANTUCKET HARBOR WATERSHED PROPOSED REGULATIONS 1. Discussion Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion MacNab — Last week the consultant talked about the watershed districts in relation to I/A systems. Asked for feedback from the Board members. Atherton — Stated that he reviewed the recording and that he had the impression that George Heufelder was saying that even with a seasonal residence there is still nitrogen output and what this Board is trying to do has substance. He doesn't understand if there is an on -line relation between the septic systems, and the Town. Crowley — It all goes through the Barnstable County tracking system; if they don't have the required documentation, that systems are flagged and letters of non - compliance are sent out to the owners. It is on the local Health Department to follow through. The engineers and maintenance companies can input the information to the database. Cooper — Asked if this Board can designate how much testing is required. MacNab — There is a minimum state requirement, but this Board can add to. Crowley — The Shawkemo area would have Administrative Consent Orders applied because there is question as to whether or not that area will get sewer. After that it would be all I /A; he would estimate five or ten; there is not a lot of density in that area. Cooper — Asked at what would happen to houses along Polpis Road which have conventional systems. Crowley — Upon failure they would have to switch to I /A. In the meantime, they will be inspected every 5 years with the same start date. Transfer of property would be covered in the regulations. Explained that companies that do the pumping submit pumping records and note when a system has failed. Atherton — In regards to grey water and tight tanks, his impression was there is no desire to go that direction even with the Town picking up the pumping out of the systems. Crowley — We would have to establish a small 25 -home pilot for a number of years, monitor the area, compile the data and prove it to DEP that it can be done. MacNab — We will have to discuss goals and directions. Asked if everyone is comfortable with re- opening the public hearing at the August meeting as he has seen no alternative to I/A systems. Consensus is good with that. Page 2 of 3 Minutes for June 21, 2015, adopted Aug. 20 Action Motion to Reopen the public hearing at the next regular meeting. (made by: Atherton) (seconded by: Weld) Vote Carried unanimously V. HEALTH • REPORT 1. Back to the discussion just ended, it would be helpful for the office as well as the board. His thought is to put together a work group to discuss implementing the law that exists. Suggested they don't want to go beyond the state requirement; need to figure out where we stand on use of I/A systems, repair outside the watershed for pre- existing lots with 4- bedroom homes on well and septic, and criteria that allows us not to. Should have a protocol in granting variances. MaeNab — The department administrative process in this regard needs to be streamlined; a workgroup might be helpful. Cooper — He thinks this is something the whole BOH should discuss. MacNab — Suggested getting together with the in- coming health officer, Mr. Crowley, and himself to create an outline for the discussion at a meeting. Crowley — In response to a request by Mr. Atherton, explained how the nitrogen output is measured. 2. The Health Department has condemned two homes. 11 North Liberty Street had no power or water with squatters; the issue is being resolved. 23 Sheep Pond Road has an exposed foundation hanging over the beach; he has been struggling to get a response from the owners; the well is on the beach and the septic is crushed and there is no power; no one is living in the structures on the property. All Town agencies are aware of the situation. Atherton — The Town unfortunately does not have the power to order the house be removed. When it ends up on the beach, then the Town has to pay for it to be removed. Crowley — He will look further into who holds responsibility for liability on the site. Pointed out that the BOH has the authority to order the house removed though they might want to get legal advice first. Notification on condemnation has been done; this is now a hazard. MaeNab — Asked Mr. Crowley to look into that and to put it on the August agenda. 3. Intern report: Abigail Silver is working two days with Steven Tidd, Director of Clinical Operations at Nantucket Cottage Hospital, inputting all Lyme disease cases into the epidemiological network; she's also doing a separate database into MAVEN for people from away who contract tick -borne diseases; working on inputting I/A data into the Barnstable County database. 4. Surfside 1 Beach the sampling came back with one accidence so the sampling variance is no long in place with sampling back on a weekly basis. CONCERNS • :••'D 1. Inputting Lyme Disease cases: MaeNab — Asked about if the cases that don't go to the hospital, just the doctor, are being input. Crowley — According to Ms Silver, the doctors are inputting cases that come to them but she is still going to the offices. 2. Half -year report of confirmed and suspected tick -borne cases to July 15: 2014 Bebesiosis 26 cases, 2015 Bebesiosis 6 cases; 2014 Anaplasmosis 13 cases, 2015 Anaplasmosis 4 cases; 2014 Lyme Disease 114 cases, 2015 Lyme Disease 44 cases. Discussion about the affect of the cold winter on ticks. 3. Millie's Restaurant: Cooper — Asked how it is going. Crowley — The inspector has been out due to an over -flow issue with the grease trap as a result of the filter in the septic tank. The water reports are close. The inspector did a seating count and found them in compliance. Explained that this proposed grease -trap regulations would be for those business on Town sewer. ADJOURNMENT Next meeting date: August Topics: Reopen public hearing on harbor septic regulations; update on condemnations; set board directions; the Executive Director of Children and Family Services wants to address the board. Motion to Adjourn: 4:58 Submitted by: Terry L. Norton Page 3 of 3