HomeMy WebLinkAbout2011-11-11Minutes for November 17, adopted Oct. 15, 2015
BOARD OF HEALTH
Town of Nantucket
37 Washington Street
Nantucket, Massachusetts 02554
www.nantucket - ma.gov RECEIVED
r�r
Commissioners: Patricia Roggeveen (Chair) Malcolm MacNab, MD, PHD, (Vice chair), 3�pes C65 r,�I�ene��Vtid, {N, $�t�phen Visco
Staff: Richard Ray, Artell Crowley L
—MINUTES e , .
November 17, 2011
4 Fairgrounds Road, First -floor Conference Room – 4:00 pm
All or a portion of this meeting is being recorded.
If you plan to record this meeting yourself, please check with the chairman of the board before you begin.
Called to order at 4:03 p.m. Staff in attendance: Richard Ray, Art Crowley
Attending BOH Members: Malcolm MacNab, MD, PHD (Vice chair); James Cooper; Helene Weld, RN;
Stephen Visco
Absent BOH Members: Patricia Roggeveen (Chair);
I. SPECIAL MEETING — Draft total maximum dally load (TMDL) for nitrogen in Madaket Harbor /Long Pond System
BOH Sitting MacNab, Cooper, Weld, Visco
BOH Recused N/A
Board of Selectmen (BOS): Whitey Willauer, Richard Atherton, Bob DeCosta
Absent BOS Members: Michael Kopko, Patricia Roggeveen
Town Staff. Elizabeth Gibson, Town Manager; Dave Fronzutto, Director Marine Department; Mohamed
Nabulsi, Assistant Director Department of Public Works
Consultant Christine Duerring, Environmental Analyst, Department of Environmental
Protection, The Commonwealth of Massachusetts
Brian Dudley, Environmental Engineer, Southeast Regional Office, Department of
Environmental Protection, The Commonwealth of Massachusetts
Dennis Dunn, Environmental Engineer, Western Regional Office, Department of
Environmental Protection, The Commonwealth of Massachusetts
Brian Howes, Massachusetts Estuaries Project Scientist
Page 1 of 2
Minutes for November 17, adopted Oct. 15, 2015
Presentation Explanation of the process. The problem is the declining coastal habitat quality.
Population on Nantucket increased 3 times in the past 30 years. Madaket/Long Pond
System (M/LPS) is impaired particularly Hither Creek. Sandy soil does not use up
nitrogen as it travels through the ground water to coastal ponds.
Explanation of the Peer Review Group, which was comprised of five experts in their
field to enable them to evaluate their specific field of expertise in the model. The
approach is scientifically valid.
Effects of excess nitrogen: algae blooms, loss of eelgrass, increased macro - algae, low
dissolved oxygen, organic enrichment of sediments, lack of plant and animal
diversity, and fish kills.
Explanation of TMDL.
Percent contribution of controllable nitrogen sources to the M/LPS: Septic systems
58 %; landfill 24 %, impervious surfaces 10 %, fertilizers 8 %, storm -water runoff
.95 %. Data was collected between 2002 and 2004 during months of May to October.
Even with septic systems repaired, it takes a number of years before an improvement
becomes apparent. 95 percent of the alternative systems installed are Septi -Tech
units. Alternate technology systems help, but are not the answer; because these
systems allow for more bedrooms on a lot. These lots are small and alternative
technologies are a best management practice.
Long Pond has high enough salinity that it would be treated the same as Hither Creek
and Madaket Harbor.
Explanation of what is happening at the Landfill in mining/filling/capping and the
affect that will have on nitrogen leaching into Long Pond.
Discussion of septic system contribution to load and what needs to be done to reduce
the load.
VIII. ADJOURNMENT
Motion to Adjourn: 5 p.m.
Submitted by:
Terry L. Norton
Page 2 of 2
Minutes for September 17, 2015, adopted Oct. 15
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 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. N o>nc
11. REVIEW &APPROVAL OF
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.
QUESTIONS
FROM ROBERT
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
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
Crowley — This is within Madaket Harbor Watershed District. Recommend approval.
police to make an animal complaint. They can verify the nuisance, notify the Health Department,
Barrett — The system had a hydraulic failure.
and the Health Department can issue the ticket after the 3`d call. This would be done under
Crowley — They can do a non - compliant repair the escrow money for removal when sewer arrives.
Massachusetts law, not local law.
Motion to Approve. (made by: Atherton) (seconded by: Cooper)
Cooper — Asked what would be done for repeat offenders.
Carried unanimously
Crowley — That procedure can be drawn up.
Sitting
MacNab — Asked if the Health Department has been working with the Agricultural Commission
Recused
on the regulations.
Documentation
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
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
VIII. RELEASE
OF BETTERMENT
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 4 of 5
Minutes for September 17, 2015, adopted Oct. 15
DIRECTOR'S REPORT
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