HomeMy WebLinkAbout2015-11-19Minutes for November 19, 2015, adopted Dec. 17
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Commissioners: Malcolm MacNab, MD, PHD, (chair), James Cooper (Vice chair), Helene Weld, 10"1444 Vi
Rick Atherton
Staff: Roberto Santamaria, Artell Crowley, Kathy Lafavre, Anne Barrett
-- MINUTES --
Thursday, November 19, 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
Agenda adopted by unanimous consent
COMMENTS 1. PUBLIC
1. None
APPROVAL OF
1. October 15, 2015 — Approved by unanimous consent.
POLICY • :•
1. Regarding payout for the Betterment Loans to contractors rather than property owners.
Sitting MacNab, Cooper, Weld, Visco, Atherton
Recused None
Documentation
BOARD OF HEALTH
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Town of Nantucket
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16 Broad Street
Nantucket, Massachusetts 02554
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Commissioners: Malcolm MacNab, MD, PHD, (chair), James Cooper (Vice chair), Helene Weld, 10"1444 Vi
Rick Atherton
Staff: Roberto Santamaria, Artell Crowley, Kathy Lafavre, Anne Barrett
-- MINUTES --
Thursday, November 19, 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
Agenda adopted by unanimous consent
COMMENTS 1. PUBLIC
1. None
APPROVAL OF
1. October 15, 2015 — Approved by unanimous consent.
POLICY • :•
1. Regarding payout for the Betterment Loans to contractors rather than property owners.
Sitting MacNab, Cooper, Weld, Visco, Atherton
Recused None
Documentation
None
Discussion
Santamaria — Explained there have been situations where the homeowner has said they don't
have the money or they aren't paying the contractor. He is asking the board to permit giving the
money straight to the contractor.
Aileen Barth — Stated she was in this situation; a couple of years ago, the check was drawn on an
Island bank; at the time, she didn't have an island account and had to cash the check through a
friend, who allegedly stole the money. Suggested an alternative that would the check be a check
made out to the joint contractor and the homeowner.
Santamaria — It is legal to do that.
Action
Board supports that policy.
Vote
N/A
IV. PUBLIC HEARINGS
1. Definition of Regulations 50, 55, 59, & 69
Sitting
MacNab, Cooper, Weld, Visco, Atherton
Recused
None
Documentation
Digital copies of Regulations 50, 55, 59, & 69
Discussion
Santamaria — Reviewed the inconsistencies related to spelling, grammar, and wording in these
four regulations.
Public Hearing opened at 4:06 p.m.
Page 1 of 7
Minutes for November 19, 2015, adopted Dec. 17
No public comments.
Public Hearing closed at 4:07 p.m.
Santamaria — The most significant change is the definition for a bedroom: It was written to reflect
Title 5 exactly; it would be changed to "eight or more "; also the way the definition is written now, if
the basement is finished, it automatically counts as two bedrooms; the change states that a full
bathroom is required for the basement to be counted as two bedroom; thus the septic system
would have to be upgraded.
Discussion about the definition changing the number of bedrooms
Santamaria — Any regulation can be opened for a waiver. The Health Department has been
handling it as if there is over 400 square feet (SF) in the basement, the septic has to be upgraded for
two additional bathrooms. As soon as shower or tube goes in, the basement counts as a bedroom.
Action Motion to Approve the revisions. (made by: Atherton) (seconded by: Weld)
Vote Carried 4 -1 / /Cooper opposed
2. 105 CMR 435 — Discussion regarding lifeguard requirement at all public and semi -public pools.
Sitting Cooper (acting chair), Weld, Visco, Atherton
Recused MacNab
Documentation Letter dated 11/19/2015 from Hotel managers; chart of Massachusetts towns requiring lifeguards
at public and semi -public pools.
Discussion Santamaria — The BOH has the power to require or not require lifeguards at public and semi-
public pools; presently it is required that lifeguards be present. The situation is that proprietors
feel they are "being held hostage" by their certification. A suggestion is to require a person full
time who is trained in CPR, basic life- support, and First Aid.
Public hearing open at 4:25 p.m.
Scott Thomas, Nantucket Inn Manager — He is in favor of the relief. Asks why this burden is
being put on hotels when there is no such burden on public beaches and private pools. He think
they are better guardians of their resources when in such short supply.
Tanya Jones, White Elephant Village Director — Explained problems with finding a certified
lifeguard and the problems that caused.
Jamie Holmes, Nantucket Hotel General Manager — Agrees with what's been said. Operators with
pools not here today are in complete agreement. Provided a list of Departments of Health of a
number of towns showing what they are asking for is across the board. Each pool is basically
private because they are available only to guests and members.
Cooper — Asked if guests are allowed to have friends use the pool.
Holmes — Yes.
Karen Keelan, Beachside Hotel Co- manager — Agrees with her counterparts. Reviewed situations
she had getting certified LGs to cover the pool.
Santamaria — the request is to have a pool monitor trained in CPR and first aid; the only
difference would be the swimming techniques. This person would be at the pool when it is open.
Weld — Reminds everyone from a medical point of view the highest number of organ donors come
from 1 motorcycles & 2 drowning. We should set the highest standards.
Closed public hearing 4:33 p.m.
Action Motion to Require a permanent attendant at the pool with proper certification at all times.
(made by: Visco) (seconded by: Atherton)
Vote Carried 4 -0
Page 2 of 7
Minutes for November 19, 2015, adopted Dec. 17
T. T-LVK12VICE
•
1. Regulation 55
— 19 Bartlett Farm Road
Sitting
MacNab, Cooper, Weld, Atherton
Recused
Visco
Documentation
Letter dated 10/19/2015 from John Bartlett; sewerage system plot plans; GIS map with watershed
district.
Discussion (4:35)
Santamaria — Request is not to have all septics inspected; they have multiple septics on the
property, which is well over 100,000 square feet (SF) the bulk of which is not in the Hummock
Pond Watershed. There is no septic on the corner in the HPW, which in this case is cut by Zone
B. They should be inspected; do not have an inspection of file at this time.
Discussion about having them inspected in any case.
Crowley — There is no requirement for an inspection. It does need to be pumped out periodically.
John Bartlett, owner — This property is over 1 million SF with a small corner cutting into Zone
B. None of the systems are within a relief distance of Zone B and ground water flows away from
Zone B. All setbacks are in place. None of the systems are failing.
Atherton — Wants to ensure maintenance and pump outs are taken.
Cooper — Asks if all the systems around the farm are subject to inspection.
Crowley — This is part of the HPWS zone and regulations requiring inspection.
Action
Motion to Grant the variance. (made by: Cooper) (seconded by: Atherton)
Vote
Carried 4 -0
2. Regulation 55
— 3 Davis Lane
Sitting
MacNab, Cooper, Weld, Visco, Atherton
Recused
None
Documentation
Letter dated 10/19/2015 from Richard F. Skelly.
Discussion (4:44)
Santamaria — Same concept with only about 20% of the property in the zone.
Atherton — We seem to be developing an approach, where if the line cuts through the property
and the leaching field is outside, the Zone, no inspection would be required.
Crowley — This policy being used was for all harbor watershed and wellhead districts
Action
Motion to Grant the variance. (made by: Visco) (seconded by: Atherton)
Vote
Carried unanimously
3. Regulation 69
— 97 West Chester Street
Sitting
MacNab, Cooper, Weld, Atherton
Recused
Visco
Documentation
None
Discussion (4:49)
Santamaria — They currently have a septic installed and working properly with sewer in front;
asking that he does not have to connect because he was informed he had to install a septic.
Peter Glazer, owner — Presented letters at the table that state sewer was not available to them at
the time. Also has a report dated Oct 13 which verifies the system is in perfect working order.
Discussion about why the owner was not allowed to tie into sewer at the time; it was a private line
with limited access.
Atherton — Would like information on what the situation on West Chester is now and if there are
any other houses in the same situation.
Crowley — This is part of the list that came from Woodward and Kern and the lot is now within
the sewer district; 95 West Chester Street has the same situation.
Glazer — 95 West Chester Street is a new house and will be tied into sewer.
Atherton — Asked if this variance could be transferred to a different owner.
Glazer — The applied for the sewer and installed the line; if there is a failure, the capability to
switch to sewer. This is a system was designed to operate for 40 -50 years and doesn't rely on
electricity or a pump; this is better than the sewer.
Page 3 of 7
Page 4 of 7
Minutes for November 19, 2015, adopted Dec. 17
Cooper — As far as the regulations are concerned, if the property transfers, that triggers connecting
to the sewer line.
Glazer — Being held to transfer of ownership has nothing to do with the quality of the septic.
Crowley — The regulations state when sewer comes in front of a property, you have to hook up. It is
within 6 months if the property is in the harbor watershed and two years if not.
Discussion on the motion.
Glazer — This house is already sold. If it is required to hook up to the sewer system, he will do it;
however, he is arguing on the merit of the septic system which is less than 3 years old and has no
impact on the watershed.
Cooper — The house is sold, it should tie into sewer.
Atherton — The solution is not to grant the variance.
Visco — There should be some kind of grace period attached to the regulation.
MacNab — Recommends that the variance not be granted and the new owner has two years to
attach to the sewer.
Action
Motion to Grant the variance. (withdrawn)
Motion Not to Grant the Variance. (made by: Cooper) (seconded by: Weld)
Vote
Carried 4 -0
4. For existing I/A
with extra bedroom — 4 Harborview Drive, 43 -19
5. For existing I/A
with extra bedroom — 5 &6 Harborview Drive 43 -100
Sitting
MacNab, Weld, Visco, Atherton
Recused
Cooper
Documentation
Letter dated 11/13/2015 from Daniel C. Mulloy.
Discussion (5:07)
Santamaria — These properties are similar situations. A permit was issued for the extra bedroom;
the new regulation would end up denying the extra bedroom. This request is to allow the permit
to stand.
Dan Mulloy, Site Design Engineering LLC — Construction is underway; buildings are not
complete and the systems are not in.
Atherton — Assured otherwise these would qualify under the policy if a new permit were issued.
Action
Motion to Grant the variances for 4, 5, & 6 Harborview Drive. (made by: Weld) (seconded by:
Atherton)
Vote
Carried 4 -0
6. For existing I/A with extra bedroom — 44 Brewster Road 54 -13
Sitting
MacNab, Weld, Visco, Atherton
Recused
Cooper
Documentation
Letter dated 11/13/2015 from Daniel C. Mulloy.
Discussion (5:11)
Santamaria — This is a new permit to be granted with the extra bedroom.
Dan Mulloy, Site Design Engineering LLC — This is all one large lot.
Atherton — He's concerned that a lot of bedrooms are being added to the system. Wonders how
much is lost by not granting the extra bedroom. We are concerned about nitrogen going into the
harbor. Not sure granting this accomplishes what this board is trying to accomplish.
Santamaria — For example, an 8- bedroom I/A produces the same nitrogen as a 4- bedroom
traditional system. This is in Zone B so nitrogen is lost on the way to the harbor.
Action
Motion to Grant the variance. (made by: Visco) (seconded by: Weld)
Vote
Carried 3 -0/ /Atherton abstain
7. To use Traditional System Permit — 9 Medouie Creek Road
Sitting
MacNab, Cooper, Weld, Visco, Atherton
Recused
None
Documentation
Subsurface sewage disposal plan; letter dated 11/13/2015 from Donald F. Bracken, Jr.
Discussion (5:18)
Santamaria — The request is to install a traditional system.
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Minutes for November 19, 2015, adopted Dec. 17
Don Bracken, Bracken Engineering, Inc. — Handed out a schematic of the property at the table.
This has a permit for an 8- bedroom system that hasn't been installed; 78% of the lot is under a
conservation restriction. The lot is bisected by Zone A & B with the septic in Zone B. The merit of
the request has to do with the size of the lot.
Tom Sobol, owner — The lot is 7.5 acres with a topography slopes up away from Medouie Creek.
He also own the 7.5 acre abutting lot.
MacNab — This is still within the harbor watershed district. We had a similar request for North
Pasture and did not grant the variance.
Sobol — Suggested an alternate approach; on the northwest corner, there will be a single -room
cottage with a smaller system; the variance could be for the traditional system there and put the I/A
for the main house.
MacNab — We definitely want to see an I/A system.
Visco — Could pump the 1- bedroom cottage down to the I/A system.
Bracken — We would have to put a septic in for the individual structures.
Action
Motion Not to Grant the variance and require an I/A system. C/A (made by: ) (seconded by: )
Vote
Carried unanimously
8. From connection to sewer —101 Old South Road 68 -175 (no frontage on Old South Road)
Sitting
MacNab, Cooper, Weld, Visco, Atherton
Recused
None
Documentation
Subsurface sewage disposal plan; letter dated 11/02/2015 from Michael and Beth O'Keefe;
subdivision plan; GIS map; Transfer Certificate of Tide No. 16,636.
Discussion (5:30)
Santamaria — There are about 20 "pork- chop" lots from Pine Crest to Egan Lane. In many cases
the structures are 1000 feet from the sewer line; tying into the sewer would require an extreme
cost and would be forced to follow the property line to the frontage which in many cases would
require tearing up the private way. They are asking to be exempted from this regulation. He
looked at a GIS, the polyline would be 300 feet from the sewer line with all the cost held by the
property owner.
Cooper — Asked if they have the space to run a 2 -inch pressure line to the sewer.
Santamaria — In some cases no; they would have to tear up the road to get to the official
frontage; this property is completely land locked. To do anything, they have to get an easement.
Visco — Some of the property is taken up by the road.
MacNab — There must be a better plan if we're looking at possibly 20 lots coming in with a
similar request. Asked Mr. Santamaria to come up with a plan for the "pork chop lots."
Action
Motion to Grant the variance. (made by: Cooper) (seconded by: Weld)
Vote
Carried unanimously
9. Regulation 64
— Pippen's Way Subdivision
Sitting
MacNab, Cooper, Weld, Visco, Atherton
Recused
None
Documentation
None.
Discussion (5:4o)
Santamaria — The owner has purchased a series of properties and asking for 6 bedroom septic
with the other lots to be part of the aggregate.
Arthur D. Gasbarro, Blackwell and Associates Inc. — Presented a color graphic at the table. Asking
for relief on 4 lots of 5; the 5`'' lot is 10 acres. Want to use I/A systems to allow the number of
bedrooms under Title 5 and restrict the number of bedrooms on the 10 -acre lot; the total number
of bedrooms would be 37, which is a total decrease in the number of bedrooms at one bedroom
per 16,000 SF. There are wetlands and wells on the site. Several lots in the subdivision have permits
and septic systems installed.
Atherton — Asked if there are any deed restrictions on subdividing.
Gasbarro — Further subdivision and modification of the lots is restricted by the Planning Board.
Read the deed restriction, under which would allow only 12 bedrooms. He came up with 1
Page 5 of 7
Page 6 of 7
Minutes for November 19, 2015, adopted Dec. 17
bedroom per 11,464 SF; with the proposed 12- bedroom restriction, that cuts it down to 1 bedroom
per 15,285 SF. That is memorialized in the correspondence he put in the file.
Atherton — This is similar to a similar request at Fisher's Landing.
Action
Motion to Grant the variance. (made by: Cooper) (seconded by: Visco)
Vote
Carried unanimously
VI. BETTERMENT
LOAN REQUEST
1. Aileen Barth, 24 Miacomet Road (aka 16 Miacomet Road)
Sitting
MacNab, Cooper, Weld, Visco, Atherton
Recused
None
Documentation
None
Discussion (5:54)
Santamaria — The septic has been in failure. The Health Department has witnessed a lot of issues
on the property: rooms used as bedrooms that shouldn't have which overloaded the system is. He
recommends denial.
Aileen Barth, owner — Stated she did not allow the people to be living there and they are being
evicted.
Santamaria — The property does have issues; it is the opinion of staff that this will happen again.
It has happened before and been addressed before and the system overloaded before. The
property has been out of compliance so long, he suggest that a new septic be in the ground and
operational within 100 days. During an inspection, staff also witnessed a stove and oven in
disarray in the basement being used; after the inspection moved upstairs, the stove was removed.
Barth — Contends she was completely unaware of this. Stated she doesn't have the money to
make these repairs. The property has been ruined by tenants.
Cooper — Asked what would happen if the betterment gives her the money and she doesn't pay it
back.
Visco — The cost is attached to the property.
Santamaria — It was his opinion not to condemn the property at the time of the inspection in
order to allow the tenants who were in residence time to leave.
Cooper — Nothing should be addressed until the tenants are out of the house.
Santamaria — The housing issues do need to be addressed; the property will have to be
condemned.
Barth — The eviction is in process. Doesn't see what this betterment has to do with the tenants.
Santamaria — The system is overloaded.
Cooper — In his opinion, a betterment is not going to solve the problems.
MacNab — There is concern about the safety of the residents and the need to condemn the
property.
Action
Motion Not to Approve. (made by: Cooper) (seconded by: Weld)
Vote
Carried unanimously
2. Baker Investments LLC /Michelle Baker, 74 Arkansas Avenue
Sitting
MacNab, Cooper, Weld, Visco, Atherton
Recused
None
Documentation
None
Discussion (6m)
Santamaria — It is in failure and the owner is looking to install a new septic. He recommends
approval of the betterment.
Action
Motion to Approve. (made by: Atherton) (seconded by: Cooper)
Vote
Carried unanimously
Page 6 of 7
Minutes for November 19, 2015, adopted Dec. 17
• & VARIANCE REUQE3UST
1. 20 Starbuck Road, 60 -117
Sitting MacNab, Cooper, Weld, Visco, Atherton
Recused None
Documentation None
Discussion (6m) Santamaria — The system is in hydraulic failure. They are looking for a variance to do the work to
bring the system into compliance.
Arthur D. Gasbarro, Blackwell and Associates Inc. — Reviewed the work to be done.
Action Motion to Approve. (made by: Weld) (seconded by: Cooper)
Vote Carried unanimously
SCHEDULE VIII. FEE REVIEW
Proposed amendments to mandatory sewer connection fees — will go to Board of Selectmen prior to BOH action.
Santamaria — Did a review of eight other Massachusetts towns of similar size with similar work. We are really
undercharging and are the only town that does not charge for a septic plan review. Would have to hold an open
hearing. The money from the fees goes back into the department. Motion to Have an Open hearing adopted by
unanimous consent.
OTHER
1. Letter to State Food Protection regarding Venison Donation — He was asked to create letter of support for the
program which needs to be signed. Asked if the board is amenable to having Dr. MacNab sign it on behalf of the
board. No objections. The program opens November 30 and runs through December 15. The Food Protection
Program will provide technical assistance. This is the first program of its kind in the State
2. Director's Report:
a. He is doing a revenue projection for a fee schedule change; it will be ready for the next meeting.
b. For Annual Town Meeting, the Agricultural Commission is putting in a farm by -law; it is being done as a citizen
petition.
c. The Town Manager is looking to put up a nuisance by law for the coming town meeting. He will be able to
provide draft language to the board.
d. He will set up the signature pages for the regulations outside the room to be signed as the board members
depart.
X. ADJOURNMENT
Motion • Adjourn:
Submitted by:
Terry L. Norton
Page 7 of 7