HomeMy WebLinkAbout2016-7-21Minutes for July 21, 2016, adopted Aug. 18
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Commissioners: Malcolm MacNab, MD, PHD, (chair), James Cooper (Vice chair), Helene Weld, RN, Stephen
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Staff. Roberto Santamaria, Artell Crowley, Kathy LaFavre, Hank Ross, Anne Barrett
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-- MINUTES --
Thursday, July 212016
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; Kathy LaFavre &
Hank Ross, Health Inspectors; 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
Early Departure: Atherton, 5:35 p.m.
Agenda adopted by unanimous consent
ANNOUNCEMENTS 1.
II. PUBLIC COMMENTS — ANY MEMBER OF THE PUBLIC MAY ADDRESS COMMISSIONERS AT THIS IME
ELECTION OF OFFICERS
1. Chair: Cooper nominated Malcolm MacNab: accepted by unanimous consent.
2. Vice Chair: MacNab nominated Stephen Visco: accepted by unanimous consent.
APPROVAL OF
1. June 16, 2016: Approved by unanimous consent.
V. BOH APPLICATIONS REVIEW
1. Surrogate Sampling Point for Cliffside Beach Club
Sitting MacNab, Cooper, Weld, Visco, Atherton
Recused None
Documentation Supporting documents and plans, staff recommendations.
Discussion Santamaria — Need approval by the Board to allow the Beach Club to use the Health
Department sample, which is directly adjacent to the club, as a surrogate rather than two samples
20 feet apart.
Action Motion to Approve Cliffside Beach Club use of Health Department water sample as a
surrogate. (made by: Weld) (seconded by: Cooper)
Vote Carried unanimously
Page 1 of 7
Minutes for July 21, 2016, adopted Aug. 18
2. Variance to 64.07 Weinman & McLaughlin 280/282/284 Polpis Road
Sitting
MacNab, Cooper, Weld, Atherton
Recused
Visco
Documentation
Supporting documents and plans, staff recommendations.
Discussion (4:05)
Rhoda Weinman — Asked for variance hearing to be continued to the September meeting; the
Board had wanted to see of other variance requests came from other who received the letter that
went out over a month ago. When she last checked with the Health Department, there had been
none. Noted that only two properties have lots than hers; most lots have less than 5 -foot
separation, which is what she's asking for. She is representing that only two people live at this
property. She is asking to have it deferred until such time as the property is put on the market.
According to the regulations, on her properties, she can have up to 36 bedrooms, but there is only
one.
Atherton — Asked if there is a time limit on variance requests.
Santamaria — The deadline is September 1, 2016; at that time a new system must be installed or
the property is out of compliance.
MacNab — Noted that all the residents in this area can request a variance based upon unique
situations. Asked if Ms Weinman would accept a deferral in order to drill an observation hole to
establish whether or not there actually is a technical failure.
Weiman — Not sure about that at this time.
Cooper — The system has failed; to him it's simple.
Santamaria — Noted that it is in technical failure, not hydraulic failure.
Weinman — She is willing to continue for an observation hole.
Action
Motion to Continue until the September 2016 meeting pending the results of an
observation hole. (made by: Atherton) (seconded by: Weld)
Vote
Carried unanimously
3. Variance from Local BOH Regulation 64 -07 for 34 Brewster Road M/P 54 -288
Sitting
MacNab, Cooper, Weld, Visco, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion (4:14)
Santamaria —The variance request was changed asking for a 5- bedroom I/A system.
Brian Swain, Counsel for the owners — Confirmed the updated request. This is a temporary
condition until sewer comes to the area.
Action
Motion to Approve on the condition an I/A system is installed. (made by: Visco) (seconded
by: Cooper)
Vote
Carried unanimously
4. Variance from Local Regulation 64.04 B for 137 Hummock Pond Road M/P 65 -72
Sitting
MacNab, Cooper, Weld, Visco, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion (4:15)
Santamaria — A permit was issued several years ago for a 12- bedroom I/A septic on a 2 -acre lot
using bedroom credits. Under the new regulations for Hummock Pond, it would be limited to 7
bedrooms; the original permit should have been issued limiting the property to 8 bedrooms.
Atherton — Asked for clarification about what credits allow.
Visco — The credit is usually 2 bedrooms per acre.
Arthur D. Gasbarro, Nantucket Engineering & Survey — An I/A system would have less nitrogen
loading than a smaller conventional system. This area requires only a conventional system; they are
asking for an I /A.
Visco — Asked if the regulations for Hummock Pond are different.
Crowley — No, the regulations allow 1 bedroom every 10,000 square feet; this is a nitro sensitive
area.
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Minutes for July 21, 2016, adopted Aug. 18
Page 3 of 7
Atherton — We need to be comfortable with the distinction.
Visco — He has no problem with the request.
Discussion about the nitrogen loading of a 12- bedroom I/A versus a conventional 8- bedroom
system.
MacNab — Still uncomfortable with this though the argument is good.
Action
Motion to Approve. (made by: Visco) (seconded by: Cooper)
Vote
Carried 4- 1 / /MacNab opposed
5. Variance from 51.02 (A) relief of well set back for 51 Tennessee Avenue N/P 59.4 -202
Sitting
MacNab, Cooper, Weld, Visco, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion (4:25)
Crowley — The applicant was in for a local upgrade of their septic but the well is within 150 feet
of the septic and needs variance.
Action
Motion to Approve. (made by: Weld) (seconded by: Atherton)
Vote
Carried unanimously ,
6. ACO 74 Arkansas Avenue — Request for Conditional Approval Pending Property Transfer M/P 59.4 -41
Sitting
MacNab, Cooper, Weld, Visco, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion (4:28)
Santamaria — The applicant had a betterment loan to repair a failed system; the property is being
sold. They are asking for conditional approval of an ACO as long as the loan is paid off
Paul Seibert, Grady Consulting, LLC — The ACO is to replace a failed system and abandonment
of that system.
Action
Motion to Grant a conditional ACO on condition the Betterment Loan is paid off. (made
by: Cooper) (seconded by: Visco)
Vote
Carried unanimously
7. ACO 29 South Cambridge Street M/P 59.3 -3 — technical failure
Sitting
MacNab, Cooper, Weld, Visco, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion (4:30)
Santamaria — Asking for an ACO to get the system working.
Action
Motion to Approve. (made by: Atherton) (seconded by: Visco)
Vote
Carried unanimously
8. Betterment Loan request 14 Hawthorne Lane M/P 56 -225 — hydraulic failure
Sitting
MacNab, Cooper, Weld, Visco, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion (432)
Santamaria — Betterment to repair the system.
Action
Motion to Approve. (made by: Weld) (seconded by: cooper)
Vote
Carried unanimously
9. Betterment Loan request 3 Salros Road M/P 66 -20.1 — hydraulic failure
Sitting
MacNab, Cooper, Weld, Atherton
Recused
Visco
Documentation
Supporting documents and plans, staff recommendations.
Discussion (4:33)
Santamaria — This system is very failed; the Betterment Loan is to connect to sewer.
Action
Motion to Approve. (made by: Atherton) (seconded by: Cooper)
Vote
Carried unanimously
Page 3 of 7
Minutes for July 21, 2016, adopted Aug. 18
11. Holding tank for construction trailer 9 Kimball Avenue M/P 30 -31
Sitting
MacNab, Cooper, Weld, Visco, Atherton -
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion (4:35)
Santamaria — Asking for a 1,000 -gallon black -water tank with regular pump out during a 2 -year
construction project. The tank serves a bathroom in the trailer for office workers. Holding tanks
don't have the alarms and specifications the State requires for tight tanks. He has a letter from
Nantucket Septic stating they would provide regular pump out of the tank.
Crowley — Title 5 provides a standard for tight tanks; he doesn't see going any less than that.
MacNab — He isn't hearing a convincing argument for the holding tank over a tight tank.
Visco — Suggested having them install the house septic system which was filed and approved and
the trailer can tie into that.
Action
Continued to August by unanimous consent
Vote
N/A
12. Behavioral Health Task Force Discussion with Janina Keane
Sitting
MacNab, Cooper, Weld, Visco, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion (4:42)
Santamaria — Introduced Ms Janina Keane of the Behavioral Health Task Force.
Keane — Reviewed her qualifications. Explained the need to measure the prevalence of illness on
Nantucket and then map it against existing services to find areas that are lacking. Systems that
worked several years ago no longer meet the level of need existing today; the waiting list for
services in April was 1 month; now it is 2 months. Noted that Yale University has talked about
bringing telemedicine to the island and educating physicians on intervention and interfacing with
patience with mental health and substance abuse issues.
MacNab — The major health problems on the Island are tick borne diseases, pollution of water,
substance abuse, and safe housing. Asked if there is enough population to sustain a full-time,
dedicated center.
Keane — That is the reason for the prevalence study. From there you know what is required to
meet the needs. Stated that the hospital is dedicating four swing beds for use by patients with
psychiatric issues.
Weld — Asked if the task force works autonomously.
Keane — Yes.
13. Variance from Regulation 68 for 9 Dukes Road M/P 41 -309
Sitting
MacNab, Cooper, Weld, Visco, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion (4:53)
Santamaria — This location has a hydraulic failure; they are asking for a deferment from
connecting to sewer.
Christy Brizita — Explained status of permit. Asking for an extension of 6 months to finish the
permitting process.
Crowley — They could be fined for non - compliance; they are asking for a variance in lieu of that.
Noted the system has been in failure for 10 years with multiple letters sent and no response.
Brizita — Explained the delay and that the property is now in a trust with her as the trustee. Said a
surveyor advised her to hold off connecting to sewer.
MacNab — Once the permit is filed, the property is in compliance with regulations. Asked when
that would happen.
Santamaria — The only difference between this lot and others on Dukes Road is that it is in
hydraulic failure.
Brizita — She believes the permit will be accepted within the month.
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Minutes for July 21, 2016, adopted Aug. 18
Page 5 of 7
MacNab — If the permit is not in by September, the Board will have to enact enforcement.
Santamaria — In the meantime, the system will be pumped; the frequency is up to the board.
Suggested granting the variance with pumping to be as needed.
Action
Motion to Grant the variance with the permit to be in place by September 1, 2016 and the
system to be pumped as needed and permanent repair within six-months. (made by: Weld)
(seconded by: Visco)
Vote
Carried unanimously
14. Appeal of Well Placement on 21 Quidnet Road M/P 21 -30
Sitting
MacNab, Cooper, Weld, Visco, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion (5:04)
Santamaria — The well requires a 300 -foot wellhead protection buffer; that has been appealed.
Steven Cohen, Cohen & Cohen Law PC, 19 Quidnet Road — The 300 -foot buffer between the
well and his client's septic takes up the area where his client intends to place their house; it is
easier to relocate the well; noted alternate locations. He is hoping the board will require one of
those alternate locations be used; that or waive the 300 -foot local buffer and stick with the 100 -
foot state buffer. Noted that the well was drilled before the end of the 30 -day appeal period.
Marianne Hanley, Reade, Gullicksen, Hanley, & Gifford LLP for 21 Quidnet Road — The
well meets all requirements of the regulations; there is substantial room for the abutter to
relocate house and well.
Jeff Blackwell, Blackwell & Assoc. for 21 Quidnet Road — Reviewed plans showing alternate
locations for the neighbor's septic system. At the time of the filing for the appeal, the abutter
had filed nothing for build -out of their property.
Cooper — Asked about the "existing well" Noted on the plans.
Blackwell — That's a second well on the property.
Discussion about where the well is proposed and where the neighbor's septic is proposed and
whether or not there are reasonable alternatives.
Hanley — Mr. Cohen's comments about excavation, brush cutting etc. applies to her client as
well. Feels the neighbor's lot is large enough for the program to be relocated outside the well-
head protection zone. As far as reducing the wellhead protection zone, she'd need to talk to
her client about that. There was nothing in the public records in regards to plans for 19
Quidnet Road. Asked for a denial of the appeal; the position of this well does not deny the
abutter of using their property.
Atherton — Asked the reason for not putting the well near the road.
Blackwell — There are houses across the street with wells and septic systems precluding
placing the well near the road.
Visco — Doesn't like the idea of the owners of 19 Quidnet Road not having any proposal but
trying to tell the owners of 21 Quidnet Road where to put the well on their lot. He's inclined
to leave it where it is.
Crowley — There is plenty of room at 21 Quidnet Road to put the septic. The leach facility is
the issue and it can be located anywhere. Noted that during the 30 -day appeal period, the
applicant drills at their own risk.
MacNab — Agrees the 300 -foot buffer shouldn't be changed. The well was drilled within the
30 -day appeal period. There is an inconvenience for 19 Quidnet Road. They have to deal with
the health issue.
Cooper — Agrees with Mr. Visco; he'd like to see a set of plans laid out for 19 Quidnet Road;
as it stands now with nothing there, there is no plan and so no problem.
Discussion on the motion.
Action
Motion to Deny the appeal. (made by: Atherton) (seconded by: Visco)
Vote
Carried 4- 1 / /MacNab opposed
Page 5 of 7
Minutes for July 21, 2016, adopted Aug. 18
15. Hearing: mobile unit license for 167 Hummock Pond Road M/P 65 -36
Sitting MacNab, Cooper, Weld, Atherton(departed 5:35 p.m.)
Recused Visco
Documentation Supporting documents and plans, staff recommendations.
Discussion (5:30) Santamaria — Have attempted to do inspections at the location; had multiple non - compliance
issues. Asking to revoke the permit for this operation.
Hearing open: 5:31 p.m.
James Merberg, Counsel for Jesse Sandole — Noted this is Mr. Sandole's first year operating the
facility and is "finding his way" as owner /operator. The food truck has two 21 -gallon grey water
tanks that is to be inspected and emptied. The staff has been instructed to make the site available to
inspection. Submitted inspection reports at the table. On the issue of compliance, his client
understands his obligations to public health and is working to do that. They are engaging the
services of Hughes Septic to pump the trailer on an as- needed basis or place an above - ground tight
tank on the sight.
Santamaria — It has been the experience of the staff that there has been no effort at compliance.
Most recent interactions with Mr. Sandole have not been polite. It is stated in the state regulations
that at any time to misrepresent work being done, which in this case is creating food at that site
other than the license permits and /or interfere with the inspection are individually reasons for
suspension of a license to operate.
Ross — This has been going on for two months. The facility at Nautilus is supposed to be used for
dropping of grey water, food production, and restocking of trailer; by not taking the trailer, it is not
being taken care of. There is a van, which came downtown; noted he did not have time to inspect
the van. However, 90% of the time, the trailer has not moved from the Hummock Pond Road site;
if it's being cleaned it is happening out there and where the grey water is going is questionable; he
questions where the grey water is going and how is the trailer being properly cleaned if it isn't going
back to the Nautilus site in Town. Noted there is no license to do any food beyond fish in the
trailer; the property has a 3- bedroom septic system, which isn't adequate for anything more than
taking care of the fish market. Noted that Ms LaFavre had told Mr. Sandole that they wanted 24-
hour notice and that an email was fine. They've been going at the same time of day.
Santamaria — The food code states the trailer has to be at the base of operation every day for
cleaning, preparation, and emptying of grey water. The septic system at Hummock Pond site is not
adequate for a full- service kitchen. Another reason for this hearing is the misrepresentation by Mr.
Sandole of the work that's been done and interfering with the performance of inspection.
Merberg — Stated that the grey water is being taken to the facility and that his client has
discontinued preparing pies in the trailer; they do prepare fish. Assured his client is now in full
compliance with that issue. Noted that the Lobster Trap has a variance from bringing their trailer
back to the facility daily. With regard to interactions with Mr. Ross, he apologies on behalf of Mr.
Sandole and the staff. Asked no formal action be taken today to allow time for his client to correct
the issues.
MacNab — The Lobster Trap variance will be reviewed in September and this is not the time to
talk about doing that again. He might accept a new person trying to find his way in the business.
However, there's no excuse for rudeness and interfering with inspection.
Sandole — Apologizes for• incident in question and noted his frustration with trying to be inspected
every day while being busy.
Hearing closed 5:49 p.m.
Cooper — Asked about the pump -out proposal. He thinks Mr. Sandole would be looking at the
Health Department for guidance, not venting frustration on them.
MacNab — We agreed to talk about that in September after reviewing the one variance granted.
Weld — Suggested issuing a warning with strict compliance guidelines.
Visco — The trailer has to leave for cleaning every day; have to follow the rules.
Page 6 of 7
Minutes for July 21, 2016, adopted Aug. 18
Santamaria — Asking for guidance and asking for a variance is two different things. His office
manager sent Mr. Sandole a variance request form but never - received that back.
MacNab — Leaning to suspending the license for the food truck. There is no excuse for the health
inspectors to be treated badly.
Cooper — Suggested that one -more violation and the Health Department can shut them down
immediately.
LaFavre — Daily inspection times have been a point of contention.
MacNab — That shouldn't be a matter of contention.
Sandole — Explained that normally the trailer will be back to the base between 5 a.m. and 8 a.m.
but sometimes they run late.
Santamaria — The time the department was told the truck would be there, it wasn't.
MacNab — Any violation and the department has the authority to close down operation
immediately.
Action Motion to Recommend issuance of an official warning that if at any time there is any
violation of regulation or coordination of inspection, the department has the authority to
close the food truck. (made by: Weld) (seconded by: Visco)
Vote Carried 3- 1 / /MacNab opposed
16. Mouse Project Review
Sitting MacNab, Cooper, Weld, Visco, Atherton
Recused None
Documentation Supporting documents and plans, staff recommendations.
Public None
Discussion MacNab — Reviewed Dr. Kevin Esvelt's proposal to reduce the prevalence of tick -borne disease.
The question is how the BOH would manage the program: reviewed two draft proposals. Asked
for the board's support to continue the work on management draft; if there is a major change to
the draft or program, he will come back to the board.
O. O.
1. Introduced the Health Department two interns, Abigail Silber and Emma Ospelt, and reviewed status of
projects they are working on.
2. Infectious disease report: he has diseases broken down but doesn't have tick number. Will forward
completed charts to the board. All cases so far are imported.
3. Discussion about Mosquito Control letter.
4. Fertilizer use education and licensing update.
5. Hummock Pond Assn will reapply.
V11. ADJOURN
:Motion to 1W)ourn: 6:21 p.m.
Submitted by:
Terry L. Norton
Page 7 of 7