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HomeMy WebLinkAbout2016-10-20Minutes for October 20, 2016, adopted Nov. 17 BOARD OF HEALTH Meeting Town of Nantucket 3 East Chestnut Street Nantucket, Massachusetts 02554 NANTUCKE ; TOWN CLERK 2616 NOV 18 AM 8: 24 www.nantucket- ma.gov Commissioners: Malcolm MacNab, MD, PHD (chair), Stephen Visco (Vice chair) , James Cooper, Helene Weld, RN, Rick Atherton Staff- Roberto Santamaria, Artell Crowley, Kathy LaFavre, Hank Ross, Anne Barrett -- MINUTES -- Thursday, October 20, 2016 4 Fairgrounds Road, Community Room — 4:00 pm Called to order at 4:03 p.m. Staff in attendance: R. Santamaria, Health Director; K. LaFavre, Health Inspector; H. Ross, Restaurant Inspectors; T. Norton, Town Minutes Taker Attending Members: Malcolm MacNab, MD, PHD; Stephen Visco; James Cooper; Helene Weld, RN; Absent Members: Rick Atherton, Board of Selectmen Agenda adopted by unanimous consent ANNOUNCEMENTS 1. II. PUBLIC COMME 1. None APPROVAL OF 1. October 11, 2016 adopted by unanimous consent BOH APPLICATIONS REVIEW 1. Nitrogen Aggregate Plan: Hummock Pond Cluster Subdivision Sitting MacNab, Visco, Cooper, Weld Recused None Documentation Supporting documents and plans, staff recommendations. Discussion (4:05) Gregg Ross, President Hummock Pond of Nantucket Homeowners — Reviewed the request for a nitrogen aggregate plan to allow the homeowners, 2 of which are in Zone B, to replace their septic systems with conventional systems not to exceed 4 bedrooms; the subdivision will set aside 13 acres of open space; this would allow a total of 134 bedrooms. Reviewed the reasons he believes this should be approved. MacNab — Asked how it will help Hummock Pond Ross — It isn't making things worse for Hummock Pond; the systems are in place and the nitrogen absorption area is sufficient. Santamaria — This would codify and ensure they can have conventional systems and allow half of the subdivision, which is in Zone B, be allowed to replace with conventional systems. MacNab — He looked at what this Board did for residents of Fisher's Landing and noted that use of conventional systems were not approved; the number of bedrooms was negotiated. This is very different from that. Visco — The land proposed for the aggregate nitrogen loading already has a conservation/ land bank restriction; it would be different if it were buildable. Ross —There is a conservation easement for 55 acres of Land Bank property which meets the absorption rate; we're asking to use only 13 acres of it. Doing that would provide the equivalent absorption area of 10,000 square feet (SF) per bedroom and more. Page 1 of 4 Tlinutes for October 20, 2016, adopted Nov. 17 4. Variance from well setbacks: 5 Arlington Street (76.1.3 -47) Sitting MacNab, Visco, Cooper, Weld Recused None Documentation Supporting documents and plans, staff recommendations. Discussion (4:29) Santamaria — This does fall within the private well protection zone; they are asking for a waiver from the 100 -foot setback. Arthur D. Gasbarro, Nantucket Engineering & Survey — This is an upgrade of a failed system and are proposing a 4- bedroom repair. Relief is to allow the leach trench to be no less than 80 feet from the well on an 8,000 SF lot; the system will be an I/A system. Another relief is for reduction in the rear setback to move the trench five feet closer to the road. There are no alternatives. Action Motion to Approve the variance. (made by: Visco) (seconded by: Weld) Vote Carried unanimously 5. Convert irrigation well to potable water well: 15 Delaney Road (30 -635) Sitting MacNab, Visco, Cooper, Weld Recused None Documentation Supporting documents and plans, staff recommendations. Discussion (4:31) Santamaria — He recommends a denial due to the proximity to the sewer line and a sewer manhole is within 15 feet of the well. Arthur D. Gasbarro, Nantucket Engineering & Survey — The concern with changing the existing irrigation well to a potable water well is its proximity to the sewer system; the regulation that applies is 62.03, which states the well should "be as far as possible" from the potential source of contamination. That is very broad statement with no definitive distance. The well is drawing water from about 50 feet, so there is a large vertical separation. He doesn't believe there is a threat of contamination. Nothing says the owner must connect to Town water; the owner wants well water. Visco — He has no problem with granting the variance but advises this board to have a discussion with Bob Gardner about possibly making hooking to Town water mandatory where it is available. Jeff Kashuluk, General Contractor for the owner — This property is currently on Town water but the owners desires his own well. Cooper — The pipes in a sewer manhole are all open; so there's raw sewage at the bottom. Kashuluk — There are three homes that tie into a small manhole and the pipes are tight with sand in the bottom. The pit is across the street. Gasbarro — The manhole is sealed and capped; there is no way for sewage to flow into the well from this manhole. Action Motion to Approve the variance. (made by: Visco) (seconded by: Weld) Vote Carried unanimously 6. Hearing — 7A Hill Side Avenue Inspection Sitting MacNab, Visco, Cooper, Weld Recused None Documentation Supporting documents and plans, staff recommendations. Discussion (4:41) Santamaria — Did Housing Authority inspections on October 4, 2016 and found an excessive amount of clutter, which could possibly be classified as a 5 or 6 under the Federal Clutter Image Rating scale. They issued an order to correct or clean up to bring it up to habitable condition; they offered 14 days to comply. The State Housing Office requires the owner's request for a hearing to contest the order occur within 30 days of the inspection; the November meeting is outside that parameter. MacNab opened the hearing at 4:42 p.m. Paul Frazier, owner — Asked for a continuance for the hearing; he didn't ask for this hearing and he isn't prepared to contest the order at this time. He intends to address the issues posed by the inspectors; the next inspection which is scheduled on November 4, 2016. Page 3 of 4