HomeMy WebLinkAbout2016-9-15Minutes for September 15, 2016, adopted Oct. 11
BOARD OF HEALTH
Meeting
Town of Nantucket
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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
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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.
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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
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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.
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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
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