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HomeMy WebLinkAbout2015-10-15Minutes for October 15, 2015, adopted Nov. 19 BOARD OF HEALTH Town of Nantucket 16 Broad Street Nantucket, Massachusetts 02554 www.nantucket- ma.gov Z3 -► f 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, October 15, 2015 4 Fairgrounds Road, Community Room — 4:00 pm Called to order at 4:00 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 Absent Members: Rick Atherton, Board of Selectmen Agenda adopted by unanimous consent COMMENTS 1. PUBLIC OF DD' ESS COMMISSIONER 1. None APPROVAL 11. REVIEW & OF 1. September 17, 2015: Approved as amended by unanimous consent. 2. November 3, 2011: Approved by unanimous consent. 3. November 10, 2011: Approved by unanimous consent. 4. November 17, 2011: Approved by unanimous consent. DISCUSSION: •• REGULATIONS 1. Lifeguard Sitting MacNab, Cooper, Weld, Visco Recused None Documentation November 10, 2011 minute Discussion Santamaria — Was approached by lodging about lifeguard requirements; present policy requires lifeguards at the pool when they are open; Lodging Association said that is an excessive burden; compromise is a full-time attendant with full certification for first aid and Cardio Pulmonary Resuscitation (CPR). MacNab — There was a public hearing on the subject. Believes we adopted a local regulation. Santamaria — The regulation in question is a State regulations that gives authority to the BOH. Jamie Holmes, General Manager Nantucket Hotel — they have a lifeguard when the pools are open but it's hard to find someone to fill the position and they leave at the end of summer and pool shad to be shut down. Recommend "swim at your own risk" with people on staff with CPR and first aid training. Cooper — Asked what people with cert would be doing, would they be at the pool. Holmes — They would be pool attendants. Weld — We spent time on this to include housing Assns. We need to spend more time on this. Scott Thomas, General Manager Nantucket Inn — State Legislation on books provides for a Town Ordnance subject to approval by BOH at hotels; we're only entity to have lifeguards on duty. Not once was there not someone to assist a guest. It is difficult to hire someone, send them to lifeguard training, and have them work for us. Page 1of6 Minutes for October 15, 2015, adopted Nov. 19 MacNab — The regulations were probably adopted at December 2011 meeting; Need to have another public hearing, perhaps in November. Action A public hearing will be scheduled for the November meeting by unanimous consent. Vote N/A IV. VARIANCE REQUEST 1. 9 Nortl, Road 43 -131.1 Sitting MacNab, Cooper, Weld, Visco Recused None Documentation Supporting documents and plans, staff recommendations. Discussion Visco — Filed a disclosure statement. Santamaria — The permit was pulled in favor of an 8- bedroom IA system. That would be consistent with requirements but also grants bedroom credit. Dan Mulloy, Site Design Engineering — Requesting a variance for 8 bedrooms with an IA system. They are reducing the nitrogen going into the harbor and feels the waiver is justified. There are numerous IA systems in this area with bedroom credits; a variance is a justified and fair request. He is assuming the residence will be year - round. Dan Bailey, Pierce Atwood LLP for Ladybird LLC — Objects to the variance request. 3 points: this request is premature; they don't meet standard for variance request; where improvements are to be constructed are within a no -build development area that should be approved by Massachusetts Natural Heritage. There is a very large house under construction that doesn't have many of the necessary permits; the building permit has been revoked and is under appeal. Addressed the applicant's claim of "manifest injustice ". Presented to the board the plan that accompanied the application showing the original Massachusetts Endangered Species Act (MESA) approved building envelope. MacNab — The permit when to the board of appeals; asked the outcome. Bailey — That was withdrawn and hasn't been addressed. Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP — Pointed out that the applicant is aware he is proceeding at his own risk. Spoke to proceeding with construction with a revised 8- bedrom system using calculations applicable with the bonus bedroom available. Considering the fact that this regulation reduces the number of bedrooms on the property to the extent is does is Manifest Injustice. Feels other issues raised are not BOH purview. Stated that they realize they can't violate the MESA regulation but they can get it adjusted. They ask this board grant the variance. Santamaria — Recommend this be approved as the proposal is a fair compromise. Visco — There are a number of houses in that area with conventional systems the size of this proposed IA system. Bailey — Stated that he feels the MESA restriction is an important item for this board. A rule that needs to be demonstrated if the applicant can demonstrate there is adequate property right for the permit it is seeking. Stated the property owner can't, in this case get provide the opinion that the applicant has the property right to construct what they propose to construct. Read from the restriction. Steven Cohen, Cohen & Cohen Law PC, Steven Alfieri — The recommendation is appropriate but Mr. Bailey's last point is important; the decision should be held until the applicant can produce a plan that doesn't violate the MESA restrictions. Mulloy — MESA has reviewed the plans and provided a verbal okay on the plans; he is waiting for their written approval; they have 50 days to issue the approval. That plan will be provided to the BOH. MacNab — Asked, if we approve the variance and MESA disapproves it, what would happen. Mulloy — The system will go into the ground as soon as they receive approval. If they disapprove, it would have to be constructed within the MESA currently approved lines. Page 2of6 Minutes for October 15, 2015, adopted Nov. 19 Page 3 of 6 Cooper — Would like a stipulation in an approval that if MESA doesn't approve the line change, the system has to be moved to comply. Action Motion to Grant the variance if and when they receive the formal approval from MESA. (made by: Cooper) (seconded by: Visco) Vote Carried unanimously 2. 5 North Road 43 -312 Sitting MacNab, Cooper, Weld, Visco Recused None Documentation Supporting documents and plans, staff recommendations. Discussion (4:40) Santamaria — This is a similar situation. The permit was approved for an IA system for 6 bedrooms. The variance request is for two bedrooms for an 8 bedroom IA system. Arthur D. Gasbarro, Blackwell and Associates Inc. — Referenced his letter submitted into the file. They are completely within the MESA approved boundaries and not proposing changes to that. The IA component meets all Title 5 regulations: includes a septi -tech component using denitrification system; loading rate is consistent with that approval letter. He believes this variance request meets local regulation 54:04(D). Action Motion to Grant the variance. (made by: Weld) (seconded by: Visco) Vote Carried unanimously 3. 31 Quaise Road 26 -54.4 Sitting MacNab, Cooper Recused Weld, Visco Documentation Supporting documents and plans, staff recommendations. Discussion (4:43) MacNab — This needs to be postponed due to a lack of quorum. Action Held for November meeting. Vote N/A 4. 4 Moors End 43 -211 Sitting MacNab, Cooper, Weld, Visco Recused None Documentation Supporting documents and plans, staff recommendations. Discussion (4:44) Santamaria — This is a variance request to create an aggregate plan that includes open parcels. Don Bracken, Bracken Engineering, Inc. — Presented a map and site plan at the table. A permit was issued for 4 bedrooms in 2014 taking into account the open space around it. A technical issue was omitted: Title 5 changed and does have a nitrogen aggregate plan and open space is restricted from use generation nitro. Proposing an IA system which meets Title 5 nitrogen loading calculations. Only looking for a variance as far as the harbor watershed area. Jim Houghton, owner — Stated he ensured he could get a 4- bedroom variance before purchasing the property; 3 weeks ago, he received a letter about the change in Title 5. Asked why the permit he received on July 14, 2014 is not valid. He spent money based upon a representation made to him by a public authority. Feels a "change of minds" is not a valid reason to invalidate his permit. Santamaria — Construction was not consummated before the change of regulations; there is no grandfather of BOH regulations. He recommends the IA system. Houghton — Feels it is unfair that he has to bear the burden of the extra cost for the IA system. As he understands it, sewer is expected within a couple of years; he would pay for a new IA system that would be in the ground for only a couple of years. Visco — Suggested proving his IA case later on when sewer comes to the area based upon the expense of the new system. Santamaria — This board does not have the authority to waive the sewer hook -up fee. Houghton — There is no fairness here. He shouldn't pay for the prior Health Director's mistake. Discussion about the possibility of sewer to this area and when that might happen. MacNab — We have to deal with what is before us now, not what might come. Page 3 of 6 Minutes for October 15, 2015, adopted Nov. 19 Mike Glowacki — The permit is valid for 2 years; we aren't talking about a situation where there are a dozen of these out there. Questioned what is the real total volume of nitrogen into the harbor. Santamaria — The IA systems that are being approved have 50% nitrogen reduction. Visco — We have had other people before us holding permits Action Motion to Grant the variance using an IA. (made by: Visco) (seconded by: Cooper) Vote Carried unanimously V. REQUEST O. TIGHT TANK 1. 10 C Crow's Nest Way 12 -44.7 Sitting MacNab, Cooper, Weld, Visco Recused None Documentation Supporting documents and plans, staff recommendations. Discussion (5:o5) Santamaria — Based upon a previously recommended permit; requesting a reaffirmation. Arthur D. Gasbarro, Blackwell and Associates Inc. — Title 5 requires that when BOH issues a tight -tank approval it be recorded with Registrar of Deeds; that was not in the proper format accepted by the Registrar of Deeds. He has worked with Health Department staff and the Registrar to develop a form that the Registrar will accept. This property has several cottages served by individual systems; none are shared systems. Action Motion to Approve. (made by: Weld) (seconded by: Cooper) Vote Carried unanimously 2. 13 Massachusetts Avenue 60 -75 Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion (5:07) Santamaria — After July 1, a system was installed in an area that was approved for tight tanks. Now looking to install a tight tank. Arthur D. Gasbarro, Blackwell and Associates Inc. — The system was failed; a system was erroneously installed; this is to replace that erroneously installed system with a tight tank. Action Motion to Approve. (made by: Visco) (seconded by: Cooper) Vote Carried unanimously 1. Family & Children's Services (5:09) Tessandra Pierson, Executive Director Family and Children's Services — For 55 years this has been a private not- for profit organization. Reviewed services offered. Weld — Asked what the biggest problem the face is. Pierson — Heroine use by 20- year -old Caucasian males. MacNab — Asked the instance on island. Pierson — Working closely with the police, have had 280 significant incidents within the last fiscal year. Explained the progression of abuse of opiates starting with cocaine. Work on lowering the incidents of addiction and infectious diseases. Asks for more representatives to become involved in the forums held monthly in the schools. Weld — Asked if there are plans in place with the new hospital about a treatment program. Pierson — She's always in conversation with Dr. Hartman. There is a lot of community awareness for the need for a treatment program. Reviewed ways the BOH can help forward the Family and Children's Services Program. Page 4 of 6 Minutes for October 15. 2015. adopted Nov. 19 Planning and Land Use Services Needs Area, Monomoy & Somerset Sitting Cooper, Weld (acting chair), Visco Recused MacNab (stepped out) Documentation Supporting documents and plans, staff recommendations. Discussion (5:18) Santamaria — These areas are being adopted for consideration for inclusion in the Administrative Consent Order (ACO) program areas. These are on the warrant for adoption into the sewer area. This would officially declare these areas as need areas for sewer. Action Motion to Adopt PLUS Sewer needs area, Monomoy and Somerset into the ACO program. (made by: Visco) (seconded by: Cooper) Vote Carried 3 -0 1. 238 Madaket Road Sitting MacNab, Cooper, Weld, Visco Recused None Documentation Supporting documents and plans, staff recommendations. Discussion (5:2o) Santamaria — This is for a septi -tech system that hydraulically failed and needs repair and an ACO until sewer arrives to the area. Cooper — Asked about the "band -aid approach ", no one knows how long it will take to get sewer to Madaket. If it takes 3 or 4 years, wonders how well will this work over the long term. Santamaria — The "band -aid" brings the system into compliance to the post 1978 level, the previous regulations; the system won't meet the local regulations. Explained the repair and how the system would continue working. Visco — A couple of these "band -aid" repairs have been approved in Madaket. Noted that this request is not for new construction. Action Motion to Approve the ACO. (made by: Visco) (seconded by: Weld) Vote Carried unanimously 2. 44 Arkansas Avenue Sitting MacNab, Cooper, Weld Recused Visco Documentation Supporting documents and plans, staff recommendations. Discussion (5:23) Santamaria — This is inside the sewer needs area and requires a similar repair as 238 Madaket Road to bring it into compliance. Action Motion to Approve the ACO. (made by: Cooper) (seconded by: Weld) Vote Carried 3 -0 1. Tick -borne Disease — There has been a slight 5% increase in incidents this month; August showed 116% increase. There have been 257 reported cases from the hospital. Noted that the incidents are still under- reported. 2. Venison Donation Program — Received the "go- ahead" from the State Health Department; they are offering technical advice for this and asking for a letter from the BOH stating the program is going forward. This is the first such program in the State. Also heard from the Food Pantry that they are on board and have a freezer to accept the meat. The next step is to get the processor and the food pantry together and meet with the fonder to ensure they are all still on board. He will work on outreach program and methods to get the information disseminated about the program. 3. BOH Regulations — He has been reading the regulations; some regulations are out of date or have discrepancies. Stated he did a study of fee schedules around the State for urban areas and found that the fee schedule is grossly out of date and under charging; changing the fees would require a hearing. He will send out a list of the regulations that need review to the board members. Page 5 of 6 Minutes for October 15, 2015, adopted Nov. 19 4. Regulation 64 — He has been receiving a lot of phone calls in regards to the letters he sent out. He has been working on the website, to include a water quality page, in order to make all regulations available. Part of the issues he's been dealing with is that people have been misinformed about this regulation. Cooper — Said he printed out copies of Regulation 64 and took them to the office of a Real Estate Agent who wrote a mis- informed article about Regulation 64 and asked him to distribute them to all Real Estate Brokers on the Island. Suggested Mr. Santamaria include the Nantucket Association of Real Estate Brokers on his mailing list. X. ADJOURNMENT Motion to Adjourn: 5:35 p.m. Submitted by: Terry L. Norton Page 6 of 6