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HomeMy WebLinkAbout2015-9-17Minutes for September 17, 2015, adopted Oct. 15 BOARD OF HEALTH Town of Nantucket 16 Broad Street Nantucket, Massachusetts 02554 www.nantucket - ma.gov n �� Commissioners: Malcolm MacNab, MD, PHD, (chair), Jame, o�lier' ("ice chair), Helene Weld, RN, Stephen Visco, Rick Atherton Staff. Roberto Santamaria, Artell Crowley, Kathy Lafavre, Anne Barrett -- MINUTES ~~ Thursday, September 17, 2015 4 Fairgrounds Road, Community Room — 4:00 pm Called to order at 4:00 p.m. Staff in attendance: A. Crowley, Assistant Health Director; A. Barrett, Administrative Specialist; T. Norton, Town Minutes Taker Attending Members: Malcolm MacNab, MD, PHD; James Cooper; Helene Weld, RN; Rick Atherton, Board of Selectmen Absent Members: Stephen Visco Agenda adopted by unanimous consent 1. None 1. August 20, 2015 Sitting MacNab, Cooper, Weld, Atherton Recused None Documentation Copy of August 20, 2015 Draft minutes Discussion None Action Approved by unanimously consent. Sitting MacNab, Cooper, Weld, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion (4m) Robert Williams, Hummock Pond Coalition — Has two questions: The first question is if a lot is in Zone A or B around the pond and conventionally failed, can the homeowner request a waiver for a tight tank. Crowley — The owner would have to ask for a variance for a tight tank. Williams — There are many small lots at sea level in that area and the I/A system would drastically change the character of the property with the mounding of the system. MacNab — There are problems involved: one is to fix a problem for which traditional systems are not adequate; that is why we are encouraging I/A systems. Williams — The second question: Is there a way for people, who put in a brand new system just before the regulations changed, to ask for a waiver. MacNab — We look at it case by case. If anyone has questions, they can call the Health Department. Atherton — The State frowns on tight tanks except in special situations such as on Smith's Point in Madaket. What was adopted for the Watershed Districts might be adopted for other areas. Page 1 of 5 Minutes for September 17, 2015, adopted Oct. 15 ■ T. UIY ISS OT [91F iJSIVI E1W yE I iT 1. 9 North Road, m/p 43 -13.1 Sitting MacNab, Cooper, Weld, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion (4:1o) Crowley — We received a request to revoke the permit issued; the permit that was issued would require a variance because it does not meet Regulation 64:00, the 10,000 square foot (SF) per bedroom, and is in a nitrogen sensitive area which is in Nantucket Harbor Watershed Area A. The permit is for a 53,000 SF lot with a 10- bedroom conventional system. Staff recommendation is that the applicant cease construction of the septic system and file for a variance to be heard at an open hearing at the next meeting. No construction has begun on the septic. The home has the foundation poured and the floor joists are in. Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP, for property owner — The owner of the property proceeded in good faith with work on the property; the understanding being that where Town Water is available the 10,000 SF per bedroom is not applicable. The regulation is ambiguous in that regard. The designers of the system have been in touch with the Health Department. MacNab — We have regulations about notification Town Water and nitrogen sensitive areas but those do not apply here. Cooper — Asked if the house being built is designed for 10 bedrooms. Dan Malloy, Site Design Engineering — There is a house, second dwelling, garage, and studio; the collective buildings total 10 bedrooms. The septic system itself is not under construction. Crowley — With this pending today, they checked with the building department and they revoked/ denied the building permit for the garage. Sarah Alger, Sarah F. Alger P.C., for Ladybird LLC at 8 Middle Valley Road — The issue her client has is that the system should be an I/A as required by the regulations. All septic permits that she is aware to have been issued in that area have been I/A systems. Installation of a conventional system for 10 bedrooms on a 53,000 SF lot is going too far; the regulations are explicit. Atherton — Asked for clarification whether or not the reason for stopping construction on the garage is related to the number of bedrooms. Alger — That is the garage; there is now a stop work order on the house for zoning issues. Reade — The stop work order for the house relates to the height of the structure; that zoning issue is being rectified. Malloy — Asked for directions on how to proceed: request for a variance or revised plans. MacNab — The regulations require an I/A system in the case of, among others, new construction. Crowley — Suggested starting with an I/A system; a 53,000 SF lot would allow for 8 bedrooms using an I/A system. Atherton — Reviewed the reasons for an I/A system over a conventional system in the Harbor Watershed Districts. He would need to fully understand the impact before granting waivers or variances or reinstating the bonus system. Action Motion to Revoke the permit. (made by: Cooper) (seconded by: Weld) Vote Carried unanimously 1. 19 North Pasture Road, m/p 44 -73 Sitting MacNab, Cooper, Weld, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion (4:26) Crowley — This property transferred invoking the regulations; they are seeking relief. The lot is 3 acres, conventional system, 8 bedrooms, soil test shows 15 feet of separation to the water. We have not had a septic inspection so don't know if it has passed or failed. Page 2 of 5 Minutes for September 17, 2015, adopted Oct. 15 Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP — Not only is the separation in excess of Page 3 of 5 15 feet and the lot is 3,700 feet from the harbor. It is hard to imagine the effluent will have an impact on the harbor and contends there would be no adverse impact from granting the waiver. There has not been a Title V inspection done, but that would be a condition of the variance if granted. Cooper — They should have it tested; if it passes there is less of an issue with granting the variance. This board needs to see if the system passes or fails first. Weld — We are in the 5 -year period for testing of the systems; it should be tested. Discussion about the need and reasons for a test to be done. Atherton — This road has 15 lots; this situation is something that will come up again. Once one variance is granted, it's hard not to grant others long this road. He would like to see information about the percentage of nitrogen that is filtered out as the effluent flows toward the water. Cooper — If we make him put in an I/A system; he have to make everyone put in an I/A system. That is a big expensive thing to put on all these people. MacNab — That was part of the discussion in regards to passing the regulations. Asked for a sense of the board. Atherton — This is a long distance from the harbor and the elevation is higher than almost every property in the zone. He's not prepared to make a motion at this time. MacNab — He doesn't believe there is any further information that would affect the decision and he doesn't want to get into mathematical computations. This is the first variance against a new regulation and the board is not yet comfortable with making a decision at this time. At this time, he would not support the variance. Weld — Agrees with Dr. MacNab; she wants to support the regulation. Action Motion to Deny the variance request. (made by: Atherton) (seconded by: Cooper) Vote Carried unanimously 2. 87 Eel Point Road, m/p 32 -11 — Well Permit Sitting MacNab, Cooper, Weld, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion (4:42) Crowley — Asking for relief from the 300 foot setback from the septic. A permit was issued showing the well in an appropriate location. Recommends denying a variance request and providing water tests. Elizabeth Maury — This site has had significant water - quality issues; there are two irrigation wells that were there and failed testing in the past. Reviewed the site plans showing the location of the existing irrigation wells and the proposed well. The proposed location was discussed with Mr. Richard Ray, Director of the Health Department at that time. MacNab — Essentially, this location is the only choice. Cooper — Asked Crowley's opinion on why the proposed location is unsuitable. Crowley — We have no evidence that the water quality is good but do have evidence that the water quality of the existing wells is poor. There is a problem with contamination from the septic. Cooper — If we allow them to keep the well there, we add a stipulation on how often the quality testing is done. Crowley — The would recommend testing 2 times a year for coliform and nitrogen. Action Motion to Grant the variance with the stipulations that the well is checked twice a year for coliform and nitrogen as recommended by Mr. Crowley. (made by: Cooper) (seconded by: Weld) Vote Carried unanimously Page 3 of 5 Minutes for September 17, 2015, adopted Oct. 15 1. Adoption of police officer as an agent Sitting MacNab, Cooper, Weld, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion (4:51) Crowley — If the board accepts this, the Health Department can instruct neighbors to call the police to make an animal complaint. They can verify the nuisance, notify the Health Department, and the Health Department can issue the ticket after the Yd call. This would be done under Action Massachusetts law, not local law. Vote Cooper — Asked what would be done for repeat offenders. 2. 253 Madaket Road, m/p 59.4 -210 & extension request for 5 -day recording requirement Crowley — That procedure can be drawn up. MacNab, Cooper, Weld, Atherton MacNab — Asked if the Health Department has been working with the Agricultural Commission None on the regulations. Supporting documents and plans, staff recommendations. Crowley — He doesn't know the answer to that. Action Motion to Accept the police department to act as the agent for the BOH in regards to the filling. animal noise issues. (made by: Cooper) (seconded by: Weld) Vote Carried unanimously 1. 207 Madaket Road, m/p 59 -49 Sitting MacNab, Cooper, Weld, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion (4:56) Crowley — This is within Madaket Harbor Watershed District. Recommend approval. Barrett — The system had a hydraulic failure. Crowley — They can do a non - compliant repair the escrow money for removal when sewer arrives. Action Motion to Approve. (made by: Atherton) (seconded by: Cooper) Vote Carried unanimously 2. 253 Madaket Road, m/p 59.4 -210 & extension request for 5 -day recording requirement Sitting MacNab, Cooper, Weld, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion (4:57) Crowley — This is a failure. Staff recommends approval for requesting an extension on recording the filling. Jessie Glidden, Glidden and Glidden for seller — Need the extension to meet the closing date for sale of the property. Action Motion to Approve the ACO with the extension of filing allowed to October 7, 2015. (made by: Atherton) (seconded by: Cooper) Vote Carried unanimously 1. Nichols 2. Psaradelis Sitting MacNab, Cooper, Weld, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion (4:59) Barrett — Nichols never took the money. The Psaradelis have paid off this off. Action Motion to release the betterments as described. (made by: Atherton) (seconded by: Cooper) Vote Carried unanimously Page 4of5 Minutes for September 17, 2015, adopted Oct. 15 1. There a 175 septic systems in Hummock Pond Zones A & B that have not complied with inspection requirements; the letter, with associated fines, is drawn up and needs to go out. MacNab — Asked for an email with the numbers of how many have been inspected and how many not inspected; this has been extended at least twice; we are not extending anymore. 2. Tick -Borne Disease: Steven Tidd at Nantucket Cottage Hospital is continuing with the tracking; the numbers have increase significantly with the hospital's tracking system. Mr. Santamaria is going to start a program of education and prevention targeting different population sectors to get the word out. 3. Deer Meat for the Food Bank: The Health Department is trying to get together with the Interfaith Council and the processor to understand how this whole process will work then do a public campaign. They would really like someone to provide the invoice tracking forms. They are still trying to get a commitment from the Interfaith Council to supply freezers. 4. 13 Massachusetts Avenue update: the septic was installed in a flood plain without a permit and needs several variances; they do not yet have Conservation Commission approval, which might require a tight tank. A tight tank is acceptable in that area 5. 23 Sheep Pond Road: The structure was demolished by the owner. The septic tank is probably in the ocean somewhere; that happened years ago. The tank is in within the jurisdiction of the Conservation Commission. 6. Two Grants have been applied for: one is for software to aide in efficiency and one is for a public health action. 7. Trash Regulations: Not sure they need to be revised. He will put it on the next agenda. MacNab — We wanted to continue tracking the "big guys ". 8. Atherton — Expects other folks in the harbor watershed districts will come forward who aren't happy about the implementation of the regulations. Suggested staff alert the chair to developments. Staff — If someone is selling his property, he can save money by installing the I/A system. Motion to Adjourn: 5:16 p.m. Submitted by: Terry L. Norton Page 5 of 5