HomeMy WebLinkAbout2015-8-20Minutes for August 20, 2015, adopted Sept. 17
BOARD OF HEALTH
Town of Nantucket
16 Broad Street
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. Roberto Santamaria, Artell Crowlev. Kathv Lafavre, Anne Barrett
-- MINUTES
Thursday, August 20, 2015
4 Fairgrounds Road, Community Room — 4:00 pm
Called to order at 4:03 p.m.
Staff in attendance: R. Santamaria, Health Director; A. Crowley, Assistant Health Director; T. 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
Early Departure: Atherton, 5:09 p.m.
Agenda adopted by unanimous consent
I. PUBLIC COMMENTS — ANY MEMBER OF THE PUBLIC MAY ADDRESS COMMISSIONERS AT THIS TIME
APPROVAL OF
1. June 18, 2015 — Approved by unanimous consent.
2. July 9, 2015 — Approved by unanimous consent.
3. July 16, 2015 — Approved by unanimous consent.
VARIANCE •
1. 14 Hawthorn Lane
Sitting
MacNab, Cooper, Weld, Atherton
Recused
Visco
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Santamaria — This is a request to repair a failed Title V septic system. Technically this doesn't
(4:06)
meet the one bedroom per 10,000 square feet (SF) for nitrogen load limitations and is in
Hummock Pond Watershed Zone B. Our regulation would require an I /A. Recommend denial.
Cooper — Asked if the existing system is legal for a 4- bedroom.
Hourihan, Trustee — It's a leach pit tank and d -box system; it failed due to hydrology. They feel
that with the groundwater separation, 26 feet to the bottom of the new trench, is adequate. The
new system is for a 4 bedroom house and for the system to comply, they would have to put in the
I/A system to keep the 4t' bedroom.
Crowley — Cautions the applicant about removing a bedroom which meets the Health
Department standard definition for applying a bedroom in the room count.
Atherton — His difficulty with this would be the starting of a precedent.
MacNab — He agrees with Mr. Atherton.
Action
Motion to Follow recommendation of staff and deny the variance request. (made by:
Atherton) (seconded by: Weld)
Vote
Carried 4 -0
Page 1 of 5
Minutes for August 20, 2015, adopted Sept. 17
■\A i14l :ir1[NOIEI:
\.i1►[!'1NE-*1yE11 -El
1. Nantucket Harbor Watershed - Regulation 64:00
Sitting
MacNab, Cooper, Weld, Visco, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Crowley — Presented a quick overview of changes to the regulations: requires inspections every 5
(4:14)
years; require upgrade to I/A at time of const, repair, new owner; two needs areas designated; and
current failures would be mandated for repair within 12 months. The necessity for these is to
minimize nitrogen leaching into the Nantucket watershed with a goal toward harbor health.
Paul Santos, Nantucket Surveyors — This refers to both Zone A and Zone B of the harbor
watershed area and is strictly for failed systems and new construction.
Atherton — A transfer of ownership would require an upgrade to I /A. Technical or hydraulic
failure would result in a required upgrade.
Santos — He would like discussion on a property transfer with a compliant system.
Crowley — F2 under 64:04 requires an upgrade with property transfer.
Atherton — The trigger mechanism is to turn Title V systems over to I /A. This has been in the
regulations all along.
Cormac Collier, Executive Director Nantucket Land Council — The critical component piece is
fully functioning Title V systems are the problem. There was discussion about a sunset date of 15
years but that was removed; he'd like to see that time trigger put back in.
Santos — Asked if there is any difference between the criticality of Zone A and Zone B.
MacNab — It is hard to differentiate between the zones in regards to where nitrogen loading is
coming from.
Atherton — His understanding of the administrative consent order (ACO) options was it was set up
so that it would require a waiver from the board; but there is a difference in expectations as to
where and when sewer will be extended.
MacNab — The record should be very clear that an ACO is not a guarantee, it can be denied.
Santos — There is a provision for mandatory hook up to Town sewer. Under Title V, they realize
that if someone goes through the expense of installing an I/A system, they don't have to connect to
sewer when it comes by. The effluent is being treated in a manner equal to being on Town sewer.
There are cases where I/A is in the ground, they don't have to attach to sewer under Title V.
Atherton — This board should try to find some financial mitigation for those who install an I/A
system shortly before Town sewer comes through.
Cooper — Noted that the fact no one seems to know where sewering will start is a big problem.
Atherton — The Board of Selectmen (BOS) has talked about bring forward a warrant article for
Town meeting that talks about Monomoy, the other lots as well as Shimmo and Madaket. His
reading of the BOS is that they will go forward with covering at least Monomoy.
Cooper — In the original discussion, it covered Gardner Road out; now Mr. Atherton is talking
about Shawkemo. Asked what will happen between Gardner Road and Shawkemo.
Crowley — He said the Shimmo needs area. They are sure about Monomoy.
Atherton — Noted there is a map so it can be identified whether a lot is in Shimmo or Monomoy.
Santamaria — Under Title V, there is an allowance for credit for extra gallons per day per acre for
I/A systems. Asked if the board might want to entertain amending the regulations to reflect a 660
gallons per day (GPD) per acre for I/A systems. Local regulations restrict it is 440 GPD for a 1
acre lot.
Cooper — In the past this board has granted variances for that. He's not sure changing the
regulations would good idea, especially when the talk is to tighten things up.
Crowley — Explained how the credit works without increasing nitrogen loading.
Consensus of the board is not in favor of such an amendment.
Page 2 of 5
Minutes for August 20, 2015, adopted Sept. 17
Page 3 of 5
MacNab — The public hearing closed at 4:41. Opened to discussion from the board.
Atherton — He hasn't heard a substantive reason not to proceed.
Weld — She is in agreement.
MacNab — He couldn't find any data that would convince him these regulations are not a good
idea. What impressed him was comparing the nitrogen content of the harbor to the bay; it is almost
twice as much. He is happy with proceeding.
Action
Motion to Accept Regulation 64 as revised and to take effect on September 1, 2015. (made
by: Cooper) (seconded by: Weld)
Vote
Carried unanimously
V. REVIEW LICENSING
OF •
Sitting
MacNab, Cooper, Weld, Visco, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion
MacNab — There has been some question whether these regulations are necessary, if they can be
(4:44)
enforced, and if they should be revised.
Crowley — It was decided that a hauler would be licensed based upon how many times he went
over the scales in the prior year; if he went over the scales ten time, he would be required to be
licensed. This is very hard to enforce and monitor. There are other professions that are not in the
business of hauling. He states that the department can easily handle the trash haulers.
Santamaria — Landscapers and builders and construction are not the people being targeted.
MacNab — We will need to hold a public hearing to revise those regulations. Propose a hearing in
September.
Action
Public hearing to be held in September by unanimous consent.
CONDEMNATIONS
1. 23 Sheep Pond Road
2. 5 Sheep Pond
Road
3. 11 North Liberty Street
Sitting
MacNab, Cooper, Weld, Visco, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Santamarie — The emergency condemnations were never ratified by the board. Sheep Pond
(4:48)
structures were condemned based on erosion and North liberty was condemned based on no
electricity or water
Action
Motion to Approve the condemnation of 23 & 5 Sheep Pond Road and 11 North Liberty
Street. (made by: Atherton) (seconded by: Weld)
Vote
Carried unanimously
Page 3 of 5
Minutes for August 20, 2015, adopted Sept. 17
1. Board of Health's authority to condemn and demolish structures unfit for human habitation
Sitting
MacNab, Cooper, Weld, Visco, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Santamarie — The housing code CMR 410 set forth by the Department of Public Health under
(4:51)
MGL 110. There is a provision within the housing code that allows for an immediate hearing of
condemnation; explained the three levels of condemnation: one room, specific sections of any
dwelling, and the entire property. Section 410:950 gives the health officer the right to do a
condemnation of the property and order to vacate. There are two types of condemnation:
emergency and general overlay. Once a property is condemned, we are allowed to order
demolition of the structure within 90 days if it is deemed a hazard to the public. The other section
is if a property is condemned for a year, the superior court can be petitioned to have it demolished
or a receiver appointed to have bring it back up to code. There is a little known section, §5960,
where the BOH is authorized, based on corrected violations, to authorize the expenditure of
funds to bring a property back up to code then either put alien on the property or seek a civil suit.
That is rarely used; it is preferred to go to Town Counsel first.
Cooper — Asked who has the financial responsibility for a required demolition.
Santamaria — The Town would pay for it then seek restitution though a lien or civil suit. Alien
would be accessed through the taxes.
Cooper — Asked what would happen in the case where the Town puts up the funds to demolish a
house on eroding land and the ocean takes the house.
Santamarie - The Town can still sue to recover funds from the owner.
1. Regarding I/A Tech Testing, Use Of I /A, and Variances
Sitting
MacNab, Cooper, Weld, Visco, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Crowley — Title V says that any lot with an onsite well and septic must meet the nitrogen loading
(4:58)
requirements. That would be Tom Nevers, Cisco, Surfside, and Miacomet; these area must meet
nitrogen loading requirements. He proposes that in areas of watershed, that on repair if they don't
meet 1 bedroom per 10,000 SF, they need to install I /A. Otherwise they can have a standard
system. We can develop criteria on repairs such as if a variance has to be requested, it doesn't
qualify and should install an I/A system. Areas the department is struggling with are outside the
ponds and in the areas of wellheads but still nitrogen sensitive. We are one island with one aquifer.
Cooper — Taking the alphabet streets in Tom Nevers, 80% to 90% of those houses are on 3,000 or
7,000 SF lots with 3 or 4 bedrooms; if their systems fail, they don't meet the 1 bedroom per 10,000
SF. He believes they should be focusing on the harbors that are in immediate danger; those noted
other areas aren't an immediate threat.
Visco — Suggested some kind of criteria for small lots and checking the proximity of the neighbor's
well before allowing for repair.
Atherton — It sounds like these are for pre - existing conditions. A new house would be subject to
regulations. There might be financial hardship with upgrading a septic then hooking up to sewer.
Cooper — He would like to see this board should focus on the critical areas.
Atherton — He believes this board should also ensure the aquifer is protected.
Crowley — If you're in the harbor watershed, Hummock Pond, Madaket nitrogen sensitive areas
even on repairs, you need to meet the 1/10. He's talking about outside those areas; ground water
goes to the ocean and the concern is to drinking water.
Page 4 of 5
Minutes for August 20, 2015, adopted Sept. 17
MacNab — He believes the health department is asking for consistency and guidelines. He would
need to see something in writing. Asked for some ideas.
DIRECTOR'S O.
1. The intern was working with both Nantucket Cottage Hospital and the Department of Health; She has put
everything together for the Barnstable I/A tracking database. Also she did a check on all tick -borne diseases.
She pulled information from MAVEN, Massachusetts Virtual Epidemiologic Network, and compared that to
the suspect tick -borne diseases from the hospital. She found significant discrepancies to include: In Maven
there are 71 suspect, probably, or confirmed cases; the hospital had 116 suspect, probable, or confirmed
cases. We need to outreach to primary care physicians to let them know these are all reportable diseases and
under Mass. General Law have to do the reporting. If this information isn't put into MAVEN, we wouldn't
know and couldn't track and investigate a current outbreak. Noted that the law says the reporting is required
by law and a physician's license is tied to that. He will be meeting with the infectious disease officer, who has
a list of primary care physicians. He passed out a pint copy of numbers for Lyme, Bebesiosis, and
Anaplasmosis from January 1 to August 20.
2. He would like to grow the community health side of the house. He has been in communication with Human
Services and Town Administration; he will bring the information to the BOH so that he can get moving on
those issues. He is also planning to apply for some of the grants available for the culture of health. Reviewed
some of the grants available. Stated that the funds would come directly to the Health Department. Asked for
the board's permission to apply for those. MacNab — Told him to go ahead.
3. The venison program is moving along. There is a confirmed a processor. Mr. Crowley will meet with the
hunters, the processor and the food pantry. It will be in place for this year's hunting season. Weld — She has
an island community that would donate. MacNab — He has an anonymous donor.
Motion to Adjourn: 5:21 p.m.
Submitted by:
Terry L. Norton
Page 5 of 5