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HomeMy WebLinkAbout2016-9-15Minutes for September 15, 2016, adopted Oct. 11 BOARD OF HEALTH Meeting Town of Nantucket 0 3 East Chestnut Street 2 Nantucket, Massachusetts 02554 www.nantucket- ma.gov Commissioners: Malcolm MacNab, MD, PHD (chair), Stephen Visco (Vice chair) , James Cooper,.,�eleV,,,;�; Weld, RN, Rick Atherton , 'f� Staff: Roberto Santamaria, Artell Crowley, Kathy Lafavre, Hank Ross, Anne Barrett -- MINUTES Thursday, September 15, 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; Kathy Lafavre, Inspector Attending Members: Malcolm MacNab, MD, PHD; James Cooper; Helene Weld, RN; Rick Atherton, Board of Selectmen Absent Members: Stephen Visco Agenda adopted by unanimous consent 1. Steve Bender, 72 Orange Street — Stated that on August 15, 2015, he asked the captain of a large vessel how they manage the grey water and was told that they dump it overboard "like all the other big vessels." When he asked why, he was told that the grey water pumping facilities for the harbor are inadequate for the larger vessels with large crews. Said that early summer of 2016, he asked a crewman the same question and was told they treat it and dump it overboard. He reported this to Mr. Santamaria, the Town Manager's office, and the head of the Marine Department. On August 7, 2016, he asked Rafael Osona to ask the captain of a vessel the same question; when next he spoke to Mr. Osona, he was told the captain said they dump it overboard. On September 14, 2016, he asked another crewmember of a large vessel how they manage the grey water and was told they pump it into the harbor. Mr. Bennett has a oyster farm and is concerned about water quality. This is the tip of the iceberg for a huge pollution problem. Asked that the Health Department look into this. If anyone wants to know about the effects of grey water chemicals on the environment, suggested they call the biology department at Woods Hole Oceanographic Institute. Santamaria — Stated that a 1988 bylaw states no dumping of grey water and that the harbor is a national no- dumping zone. The trouble with enforcing this is the boats are considered private property; they cannot get onto the boats without cause; even then, the occupant must allow them on. The only other way is with an administrative warrant. Another way would be to use dye tablets, which go into the grey or black water tanks, and would smear the side of the boat. Again, there is no way to ensure they use the dye tablets. It is hard to quantify the amount of grey water being dumped. Bruce Mandel, 10 Midland Avenue — Many boats in Madaket have heads and we in Madaket are concerned about how that water is disposed of. This is critical in Madaket because the nitrogen testing station is in Hither Creek Harbor. Feels this needs to be focused on more than it has been. Suggested looking into how other harbors around the country handle this. MacNab — Suggested creating a workgroup to look into this that might include the Harbor Master, Mr. Bender, and others to work out recommendations. 1. August 18, 2016 — Adopted by unanimous consent. Page 1 of 7 Minutes for September 15, 2016, adopted Oct. 11 2. Variance to 64.07: Weinman & McLaughlin, 280 and 284 Polpis Road Sitting MacNab, Cooper, Weld, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion Rhoda Weinman, owner — This is for the two septic systems at 280 and 284 Polpis Road in technical failure and partially located in Zone A and Zone B. The minutes of July are incorrect in that they state she is looking for separation for under 5 feet; she is looking for under 6 feet. Main septic is at 5.6 feet and the cottage rounded to 5 at 4.9 feet. The three lots total 361,533 square feet; based on that she is entitled to 36 bedrooms. She has 3 bedrooms on a 6- bedroom system with only one bedroom used; the one - bedroom cottage is occupied only briefly in the summer and has a 3- bedroom system. The third lot is vacant. She is asking that the system in place be allowed to remain until such time as the property is sold; at that time, an I/A system would be installed. They are willing to accept a condition to the variance that the system be inspected every three years. 24 properties in the area also received letters at the same time she received hers; she is the only homeowner who has responded and is asking for a variance. At the last hearing, the members asked for a list of the 24 properties to review the lot areas and separation; of those only two have more acreage than her and most have under 5 feet of separation. She believes her property meets the criteria as outlined in the regulations for a variance. She has researched other municipalities to ascertain whether or not Nantucket's regulations are unique; she learned this is the only town that requires someone in a situation like hers being asked to put in two new systems. At that point she decided putting in a test pit was not something she wanted to do because it would either confirm the existing separation or show she has the 6 feet of separation. She feels the requirement to put in two I/A systems is onerous. Asked that a decision be made now and if the variance is denied, she requires a very detailed explanation as to why be included in the minutes. Cooper — Our regulations might be unique but they are our regulations. Weinman — The board has a variance procedure for unique situations and she has a unique situation. Expressed frustration that the board is not listening to her. Santamaria — An application for an I/A system at this property was made a few days ago and was approved. Atherton — Given the situation, this board might be well advised to discuss a written denial, if that is the motion, with Town Counsel. MacNab — Asked for a motion. Agrees that a detailed written analysis can't be provided until it is discussed with Counsel. Weinman — Stated she is entitled to know why she was denied. Stated she also feels the notification and hearing process for Regulation 64 were inadequate. Action Motion to Deny the variance request for 280 and 284 Polpis Road subject to review of the final written analysis to be adopted at a later date. (made by: Weld) (seconded by: Cooper) Vote Carried 3- 1 / /MacNab opposed 3. Administrative Consent Order (ACO): Kohlhepp, 59 Meadowview Drive Sitting MacNab, Cooper, Weld, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — This is very straightforward and sewer is coming to that area. Action Motion to Approve the ACO. (made by: Atherton) (seconded by: Cooper) Vote Carried unanimously Page 3 of 7 Minutes for September 15, 2016, adopted Oct. 11 7. Appeal of well permit denial: 15 Delaney Road Sitting MacNab, Cooper, Weld, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion Arthur D. Gasbarro, Nantucket Engineering & Survey — Requested this be held over to October meeting. Action Tabled to October by unanimous consent. Vote N/A 1. I/A Systems in sewer area discussion: Santamaria — This is on the agenda because there is a significant amount of discussion and comments about the requirement for I/A systems in areas that will eventually be sewered and are in watershed areas. The installation of an I/A system costs significantly more that the cost for hooking up to sewer. As the BOH, we have control over how long a property has to connect to sewer once it becomes available; our regulations require six months for properties in a watershed district and two years for properties outside watershed districts. The questions is what to do for properties with new I/A systems once sewer becomes available; it feels unjust to have an I/A system that is only two years old removed to hook to sewer. MaeNab — The board would be faced with never - ending variance requests; might also discuss with the Board of Selectmen to provide a "break" in the fees for those properties when hooking to sewer. Cooper — Asked if this would be retro- active for properties that put in I/A systems before sewering was discussed. Santamaria — It would be for whomever the board decides. If we make it a regulation, we have to have an open hearing. If we make it a general policy, we can choose to have an open hearing. Weld — Asked if there is the option to extend the hook up period five to eight years and waiving hook -up fees. Santamaria — The BOH doesn't have jurisdiction to waive the fees. Cooper — Noted that for Madaket, a hook up requirement time of six months is not practical; there aren't enough people to do that work. Santamaria —The six -month requirement is for beginning the work: pull the permit and showing proof that the process is starting. Atherton — Noted that doing this has to be thought about in depth due to the cost of installing sewer, hooking up, and abandoning an existing septic. Bruce Mandel, 10 Midland Avenue — A Madaket citizen's group submitted a warrant to defer the decision on sewer to Madaket from the STM to Annual Town Meeting in April. That would allow time to answer unaddressed questions and resolve on -going issues in regards to what is going on. The taxpayer will pay approximately $125 per property to sewer Madaket. Noted that properties on the east side of Long Pond is not included in the sewer district even though flow is toward the pond. Noted that abandoning a new high - tech septic system is a burdensome expense. One open issue Madaket residents have is how will people be compensated and why is it a case -by -case, arbitrary decision; they would like to see a set policy about how the situation will be dealt with. Atherton — Suggested one possibility is to use ten years from this year; for example if the system was installed last year they would have nine years, 2014 would have eight years. MaeNab — He is strongly in favor of sewer to Madaket. Stated it upset him when he heard people are talking about delaying this decision to do more study. We don't need more scientific work; enough of that has been done. Mandel — By deferring the vote, the process and plans can continue. Article 1 is not meant to stop the sewer completely. The residents of Madaket are very much in favor of the sewer to protect the eel grass, groundwater, and watershed. Page 5 of 7 Minutes for September 15, 2016, adopted Oct. 11 database which is slow to update. Some letters have gone to wrong addresses or to people who no longer own a property. b. Biodegradable packaging: The intern has been working with vendors to connect them to buyers and talking to the buyers about compliance; the resistance is easing. The Department of Public Works can process this packaging as either recyclable or compost. To know if packaging is biodegradable, the consumer is looking for a 5, dishwasher and microwave safe and reusable, or a 7, polylactic acid. 5 with a ps under it is still Styrofoam. Adjourned by unanimous consent at 5:53 p.m. Submitted by: "ferry L. Norton Page 7of7