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HomeMy WebLinkAbout2016-12-15Minutes for December 15, 2016, adopted Jan. 19, 2017 BOARD OF HEALTH Meeting Town of Nantucket 3 East Chestnut Street Nantucket, Massachusetts 02554 NANTUCK -C-1 TCWN CLERK 2017 ,;AN 20 AM 9: 48 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, Anne Barrett, Hank Ross -- MINUTES -- Thursday, December 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; K. LaFavre, Health Inspector; T. Norton, Town Minutes Taker Attending Members: Malcolm MacNab, MD, PHD; Stephen Visco; James Cooper; Rick Atherton, Board of Selectmen Absent Members: Helene Weld, RN I. ANNOUNCEMENTS 1. None APPROVAL OF 1. November 17, 2016 —Approved by unanimous consent. 2. Amend previously approve: BOH Minutes for October 11, 2016 motion to Item V. 1. "Motion to Issue an island - wide policy for a variance of 10 years from the time the sewer hook -up permit is issued." Replace "sewer hook -up" with "septic hook -up." - Motion to Approve the amendment. (made by: Atherton) (seconded by: Cooper) Carried unanimously BOH APPLICATIONS REVIEW 1. Lori Smith request for temporary housing due to house fire 21 Helens Drive 66 -58 Sitting MacNab, Visco, Cooper, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — Request use of a trailer for temporary housing while structure is being rebuilt. Action Motion to Approve. (made by: Visco) (seconded by: Cooper) Vote Carried unanimously 2. Request for loan monies 11 Dukes Road septic to sewer Sitting MacNab, Visco, Cooper, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion (4:10) Santamaria — Request for a betterment loan. Action Motion to Approve the request. (made by: Atherton) (seconded by: Cooper) Vote Carried unanimously Page 1 of 5 Minutes for December 15, 2016, adopted Jan. 19, 2017 3. Variance Local Regulation 64.04B I/A bedroom credit 128 Hummock Pond Road 66 -129 Sitting MacNab, Visco, Cooper, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion (4:11) Arthur D. Gasbarro, Nantucket Engineering & Survey, — 150,000 square feet (SF) area within the watershed protection area; asking for relief with respect to the requirement for 10,000 SF per bedroom; in this case he feels variance is justified due to increased protection by the I/A system. The area is slated to be connected to Town water. A conventional system serve be up to nine bedrooms. The net benefit is .322 pounds of nitrogen per day with a 9- bedroom conventional system as opposed to .1928 pounds per day with an I/A for fifteen bedrooms. Visco — That's a significant net benefit. Atherton — Feels staff should certify the calculations of reduction in nitrogen per pound per day. Santamaria — We've done this before; either way it has to be tracked and regulations enforced. It comes down to the level of environmental protection. Gasbarro — Stated he used several sources for the calculations and how the calculations were done. Cited his references. Cooper — Ensured that the increase to fifteen bedrooms is not for the purpose of allowing the property to be subdivided. McNab — He's not comfortable with this. Cooper — He doesn't want the board to get backed into a corner just because of the net benefit; he's concerned that it would set a precedent forcing the board to issue variances for more bedrooms every time this comes up. The applicant's got enough land for nine bedrooms but wants the board to would allow him to have 15 bedrooms because of the net benefit. Visco — This is a big lot; it would be different for a small lot. Gasbarro — They still have to meet Title V requirements. Massachusetts Department of Environmental Protection (DEP) wants bonuses to provide incentives to put in an I/A system. Further discussion about the possibility of potential problems from granting the variance. Richard Ray — When the regulations were enacted, they took into consideration that these are based upon soil triangle and compaction. There was concern that soil conditions throughout most of the island is sand and thus gets less filtration and de- nitration. Visco — We should get a soil test. MaeNab — He is skeptical about going in this direction. Suggests continuing this for one month. Santamaria — He has seen the reports that shows the reduction to be fifty -four percent; the numbers are correct. Action Continued to next meeting by unanimous consent. Vote N/A Page 2 of 5 Minutes for December 15, 2016, adopted Jan. 19, 2017 4. Variance Local Regulation 64.04B one bedroom per 10,000 SF — 2 Sheep Commons Lane Sitting MacNab, Visco, Cooper, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion Arthur D. Gasbarro, Nantucket Engineering & Survey, — Similar to 128 Hummock Pond Road in that the application is for 27,000 SF lot and want a four - bedroom tie -in system. In 2001, a 4- bedroom conventional was permitted that wasn't installed. It should be kept in mind there is the large chunk of open space adjacent to the cluster. There will be less nitrogen from the four - bedroom I/A than from a two- bedroom conventional system. It meets the one bedroom per 6,600 SF under the State loading level for an I/A system. MacNab — In the past we have permitted a three bedroom I /A. Visco — He could have put the four - bedroom system in and left it; if he came back, we would have granted a four- bedroom I /A. Atherton — This had a prior approval for a four - bedroom system. Cooper — Everyone will come in with an I/A asking for more bedrooms. If they had a four - bedroom failed system, we made them put in a four - bedroom I /A, not a seven - bedroom I /A. Action Continued to next meeting by unanimous consent. Vote N/A 5. Variance Local Regulation 64.04.13 one bedroom per 10,000 SF — 106 Surfside Road Sitting MacNab, Visco, Cooper, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion Arthur D. Gasbarro, Nantucket Engineering & Survey — This is in the well-head district and has on -site wells. This has been subdivided into two 55,000 SF lots. The environmental benefit as the same as for the previous two requests. Cooper — Asked why the well-head district is different. Santamaria — This is different because we aren't dealing with surface water. The regulation restricts it to one percent per 1000 due to the well head. The regulation is a proactive preventative regulation as opposed to environmental. Atherton — He doesn't have a problem; we've doing this all along outside of the harbor watershed districts. Action Motion to Grant the variance. (made by: Atherton) (seconded by: Visco) Vote Carried unanimously 6. Variance Local Regulation 64.04B1 —Bedroom credit request for 8 Pinkham Circle Sitting MacNab, Visco, Cooper, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion (4:52) Santamaria — This is in a needs area and will be sewered. They are asking for an I/A until sewer arrives. It is the same concept as 34 Brewster Road, which was recently approved. Cooper — When we give people permission to put in an I /A, asked if this gets the 10 -y ear grace period. Santamaria — They must provide a letter that states when sewer is available they will tie into it. Action Motion to Grant the variance with the letter being submitted. (made by: Visco) (seconded by: Atherton) Vote Carried unanimously Page 3 of 5 Minutes for December 15, 2016, adopted Jan. 19, 2017 V. BOH BUSINESS 1. Selection of Nantucket representative to the MIT Steering Committee Mice Project: Emily Goldstein Murphy, Ph.D., Director of Natural Science Maria Mitchell Association, is rodent & field biologist. Motion to Appoint Emily Goldstein Murphy as steering committee representative. (made by: Visco) (seconded by: Cooper) Carried unanimously 2. Madaket Watershed Protection Strategies: MaeNab — Now that sewer to Madaket has been shot down, the question becomes what do we do. Santamaria — There was no decision about it being on Annual Town Meeting. Atherton — The Town Manager is discussing options. Santamaria — He is on that group to discuss their options. The first step would be to refund the Administrative Consent Orders (ACO). There are about fifty ACOs; if there is no action, they expire. Step two would be setting up stricter I/A regulations. We can schedule a regulations public hearing for February. He would like to review the I/A regulation to mirror Nantucket Harbor District. About eighty -nine Madaket septic systems are in technical failure and twenty or so have hydraulic failures. Those will have to be upgraded to I/A systems. Jeff Carlson, Natural Resources Coordinated, a Conservation Commission issue is if a property is in the flood plain, the owner is actually not allowed to fill the area; what that means is people in those areas can't have mounded systems without having a complete mitigation of the cubic area. Visco — There are at least twelve to fifteen I /As on Tennessee Avenue that are in the flood plain; suggested maybe they should have tight tanks. MaeNab — By State law, tight tanks are for use where no other option is available. Santamaria — Another regulatory idea is mandatory water connection if it is available. Part of the argument lost in the discussions is the public health component to putting in sewer; by requiring Town water, you aren't drawing water out of the groundwater as septic water is going into the groundwater. A third regulation would be for mandatory well-water testing once every two years to ensure there is no cross contamination. The State housing code requires an acceptable potable water source. The question is that what do we do with the data; we can track plumes, water levels, etc. The last regulation to consider is a pool regulation; there is concern about where pools are draining; we need to make sure water is chlorinated properly and pools are properly drained. MaeNab — Asked for those regulations to be drafted for a public hearing in February. Santamaria — He can have I/A and water connection regulations drafted by then. We are looking hard at alternatives. There has been a lot of discussion about the landfill; there is new technology that is much cheaper and we have the infrastructure in place which he needs to research. We've discussed some of the testing and /or the opening of Long Pond and looking into the Madaket Ditch. Cormac Collier, Nantucket Land Council — He thinks it would be helpful to bring Brian House into the conversation the TMDL were based on our water models. He would be interested to see a new run of the models with current data: If every house in Madaket had an I /A, would we meet the requirements. That data should be available for the February public hearing. Every since Long Pond over - washed three years ago, the vegetation is gone; it's practical to open it up; if it's done right, the pond can meet the TMDL. Richard Ray — He supports Mr. Collier's suggestion on opening Long Pond. The question has been in regards to the landfill sludge from the Wastewater Treatment Plant (WWTP); suggested convincing the Department of Public Works to provide a report on the nutrient loading of that sludge. David Gray, Chief Operator WWTP — What we take to the landfill is not sludge; it's cake he has the tests and the results available. The cake goes into the tipping loader; the leachate from that is hauled back to WWTP. It is not dumped on the ground. He will forward the data to the BOH. Cooper — Asked if there's been feedback from Madaket. Santamaria — Yes: There's not enough determination on landfill contamination of Long Pond; the alternatives haven't been suitable researched; and the cost — the $80M for the sewer is not palatable combined with the feeling it would most likely come back to cover an overage. Page 4 of 5 Minutes for December 15, 2016, adopted Jan. 19, 2017 Director's Report a. Expecting extreme cold weather today and tomorrow; don't leave animals out and don't go outside without proper coverage. The wind chill will be in the negatives. Curtis Barnes — St. Paul's Church has been approved and established as a warming center. b. There's been conversation about herbicide use and the effect on the aquifer and harbor. This is its own agenda item. c. The next meeting will start at 3 p.m. with Dr. Kevin Esvelt providing a presentation on the status of his transgemc mice project. ADJOURN Adjourned by unanimous consent at 5:26 p.m. Submitted by: Terry L. Norton Page 5 of 5