HomeMy WebLinkAbout2016-5-19Minutes for May 19, 2016, adopted June 16
BOARD OF HEALTH
Regular Meeting
Town of Nantucket
16 Broad Street
Nantucket, Massachusetts 02554
www.nantucket- tna.gov
JUN 2 0 2016
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, Hank Ross
MINUTES
Thursday, May 19, 2016
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; K. Lafavre, Health
Inspector; H. Ross, Health Inspector; T. Norton, Town Minutes Taker
Attending Members: Malcolm MacNab, MD, PHD; James Cooper; Stephen Visco; Rick Atherton, Board of
Selectmen
Absent Members: Helene Weld, RN
Agenda adopted by unanimous consent
None
APPROVAL 11. REVIEW AND OF
1. April 21, 2016: adopted by unanimous consent.
2. March 24, 2016: adopted by unanimous consent
REQUEST III. WAIVER
1. Great Explorations Camp —105 CMR 430.370 summer -camp bathroom requirements
Sitting MacNab, Cooper, Visco, Atherton
Recused None
Documentation Supporting documents and plans, staff recommendations.
Discussion Santamaria — This variance request is similar to the request last month by Exploration Station;
This camp is of a similar size and asking for one unisex bathroom for 10 children who spend most
time off site.
Action Motion to Approve. (made by: Visco) (seconded by: Cooper)
Vote Carried unanimously
ADMINISTRATIVE CONSENT ORDER REQUEST
1. 60 Meadow View Drive (M /P 56 -167)
Sitting MacNab, Cooper, Visco, Atherton
Recused None
Documentation Supporting documents and plans, staff recommendations.
Discussion Santamaria — This system has failed hydraulically and needs to be repaired before sewer arrives.
Atherton — Asked for clarification of issuing an ACO in an area that has sewer proposed.
Crowley — Technical failures don't need to enter into an ACC). This allows for a non - compliant
repair of a hydraulic failure to keep the system operational.
Action Motion to Approve. (made by: Visco) (seconded by: Cooper)
Vote Carried unanimously
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Minutes for May 19, 2016, adopted June 16
V. • T
• 1
1. 40 Macys Lane (M /P 68 -103)
Sitting
MacNab, Cooper, Visco, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Santamaria — This property has come before the board in 2011 for carbon monoxide emissions
and numerous times for occupation of uninhabitable space. They have a CO to use the basement
but not as living space. It is entirely below ground; the window well opens up below the deck; and
the second stairwell is locked from the other side. He is asking for a reconfirmation of the
condemnation order; the owner has been fined $1,500. Also the Health Department is pursuing a
permanent injunction through Barnstable Superior Court that renders the space unusable so that
if anyone is found living down there, it is a criminal violation. The occupants have left but have
left some personal belongings. This property owner is putting lives at risk and we are doing
everything possible to prevent loss of life; last time, 2011, was very close.
Action
Motion to Confirm the Condemnation order for 40 Macys Lane. (made by: Atherton)
(seconded by: Cooper)
Vote
Carried unanimously
VARIANCE
•
1. Millie's Mobile Food Unit —variance from 105 CMR 590 B.12
Sitting
MacNab, Cooper, Visco, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Santamaria — They are applying for same variance as was issued for Lobster Trap; though this is
the actual truck and the Lobster Trap request was for a trailer.
Chris Cochran — We have grey water tank and have a refrigerated truck handling all temperature
needs for storing and transporting food stuffs. This unit is also located at Cisco Brewery. Said it is
fully cleaned every night.
MacNab — Reminded the Board granted the Lobster Trap a variance with their trailer returning to
the base of operation once a week for a deep cleaning and with random weekly inspections.
Santamaria — Said that this request is more for sanitary reasons.
Atherton — This is for sanitation but the related issue here is that the unit is no longer transported;
it's on site 24 -6 and that sounds like a restaurant.
Crowley — Despite the good sanitation practice of bringing it back every night to its base of
operations; we have to look at where the wastewater is going. Cisco Brewery is in the Hummock
Pond Watershed and their system has been stressed; it makes sense for this to go back to its base of
operation. Unlike the Lobster Trap trailer, this is a drivable vehicle, which is registered and
inspected.
Cooper — Asked the owner why they don't want to drive this back and forth.
Cochran — The position of the trucks and moving them in and out on a daily basis is a logistical
nightmare.
Discussion about the differences between this request and the one made by Lobster Trap.
MacNab — This vehicle can move and their wastewater storage tank is larger.
Action
Motion Not to Grant the variance. (made by: Atherton) (seconded by: Visco)
Vote
Carried unanimously
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Minutes for May 19, 2016, adopted June 16
2. Old Thumper, LLC; 29 Youngs Way (M /P 67 -690) — Emergency variance request
Sitting MacNab, Cooper, Weld, Visco, Atherton
Recused None
Documentation Supporting documents and plans, staff recommendations.
Discussion Santamaria — This was added under the open Meeting Law allowance for items not reasonably
anticipated within 48 hours. The variance request is for the installation alternative method for gas,
oil, and water separation for a plumbing business. The owner has been granted a preliminary
approval from the State but needs the final BOH approval. He goes before the State within a
week.
Crowley — It is in the wellhead area and there should be a deed restriction limiting the use.
Visco — He is putting in a commercial building that triggers a requirement for vehicle storage.
Santamaria — There would be no repair to the vehicles; this is strictly for vehicle storage.
Action Motion to Grant the variance. (made by: Visco) (seconded by: Atherton)
Vote Carried unanimously
BIO-DEGRADABLE PACKAGING DISCUSSION
Sitting MacNab, Cooper, Visco, Atherton
Recused None
Documentation Supporting documents and plans, staff recommendations.
Discussion Santamaria — Over the past couple of months, have started revamping and reinstituting the bio -
D packaging. Sent emails to licensed vendors about starting to winnow out non - regulation.
Richard Ray, former Director of Health — This subject has been discussed over numerous years.
Santamaria — There is a 1999 law that says this is to be in full effect in 2015. He has asked vendors
to start phasing out the non -bio- degradable packaging but he hasn't established a schedule. There
are issues with the regulations: a lot of bio - degradable products don't degrade. He has been in
conversation with various Town departments to see if it is possible to tighten up the regulations to
ensure products are certified as bio - degradable. He is looking to provide recommendations to the
board along with a list of exemptions for the regulations. Another issue brought up is the cost.
Reviewed various products and their cost per item, which is about 75% more. Another idea
suggested is mandatory composting which requires every item is certified as bio - degradable.
Matt Fee, owner Something Natural — The products are more expensive. He put them through the
digester and couldn't track them. We're trying to do something good for the island but we're
mixing up the waste stream. Other places have people who sort the greenware out of the plastic; if
the two are mixed, neither works. Noted that food vendors is actually a small portion of the
population compared to other sources for plastic waste.
MacNab — In the short term we need to deal with the current regulations. Medium term is looking
at the regulations and bringing them up to date. The long term is looking at the whole picture.
Santamaria — Reviewed some items that are labeled as bio -D and which are compostable and
which aren't. The books state that anything no Styrofoam or plastic can be used. Suggested giving
vendors at least the first round of using up current supplies.
Ray — A number of years ago, there wasn't enough support to go forward with this. He found that
many retail stores have allowed plastic to creep back in and food services establishment are using
plastic which are replaceable by cardboard. The bio -D are out there and available for replacement.
Santamaria — Setting up a list of replaceable items and phase out moving toward fully compostable
by the end of next year.
MacNab — That sounds a little loose; wonders how we would know when they have used up what
they have. We have had this discussion before. We need a phase -out date.
Discussion about a good phase -out date; consensus September 1, 2016.
Cooper — Asked how it would be followed up.
Santamaria — Each one has to be inspected; that's how we know.
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Minutes for May 19, 2016, adopted June 16
Atherton — Would like to have a way to stop this stuff from coming onto the island.
Fee — All this stuff will be buried on the hill unless it is separated at the source. Once it is buried, it
doesn't have the air and water to facilitate degradation.
Santamaria — One long -term goal is to establish a mandatory composting law that included
residents; we currently have plastic and tin recycle bins and this would create a third bin for
compostables.
MacNab — We start enforcing the regulation September 1 then revise the regulations.
VII. LYME DISEASE TREATMENT OF
Sitting MacNab, Cooper, Visco, Atherton
Recused None
Documentation Supporting documents and plans, staff recommendations.
Discussion Santamaria — He has been contacted by scientists from Massachusetts Institute of
Technology about a presentation to set up a pilot program on Island to isolate a gene in some mice
that makes them immune to Lyme disease; this gene is already in the Island mouse population.
They would breed the gene into the mice making them immune then a group of the immune mice
would be released into the wild to out - compete the non - immune mice.
MacNab — Noted that it is the mice which are infected with Lyme Disease, not the deer.
Santamaria — He will schedule the presentation for 2 p.m. on June 6; it will be open to the public.
DIRECTOR'S IX REPORT
1. The 1, ertilizer Advisory Committee (FAC) has been meeting. Mr. Ross has done a significant number of
inspections; the department has issued four tickets. Landscaping companies have contacted the FAC about the
classes. There are three main goals of the FAC: education and outreach, training, and regulations.
2. Two interns start June 1. Emma Ospelt from the University of Georgia School of Public Health will focus on
water quality. Abigail Silber is returning to focus on policy issues in regards to the housing crisis.
3. Renovation for office has been going well. The main entrance is now 3 Chestnut Street. Interior painting and
moving will start June 6.
4. The Health Department has been enforcing the septic bylaws. The "Inquirer & Mirror" article has generated a
number of phone calls but also generated some confusion. He has received letters from two on- island engineers
who were contacted by some of the violators named in the newspaper. Madaket and Hummock Pond will be
focused on next.
5. The electrical vehicle has over 1,000 miles on it and they have had to refill it only once.
6. Right now there are 254 I/A systems permitted; they have operation - maintenance programs for all but 26.
Motion to Adjourn: 5:13 p.m.
Submitted by:
Terry L. Norton
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