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HomeMy WebLinkAbout2017-03-23Minutes for March 23, 2017, adopted Apr. 20 BOARD OF HEALTH Meeting Santamaria — Straightforward. Town of Nantucket Motion to Approve. (made by: Weld) (seconded by: Cooper) yc 3 East Chestnut Street Carried unanimously RAIE� Nantucket, Massachusetts 02554 Sitting www.nantucket- ma.gov Commissioners: Malcolm MacNab, MD, PHD (chair), Stephen Visco (Vice chair) , James '.p` opt lene Weld, RN, Rick Atherton 3 Z Staff. Roberto Santamaria, Artell Crowley, Kathy LaFavre, Anne Barrett, Hank lhs Santamaria — Betterment loan to connect to sewer. -- MINUTES -- �G Thursday, March 23, 2017 = n 4 Fairgrounds Road, Community Room — 4:00 pm to Called to order at 4:00 p.m. Documentation N Discussion Staff in attendance: R. Santamaria, Health Director; A. Crowley, Assistant Health Director; K. ZaFavre, Health Inspector; T. Norton, Town Minutes Taker N/A Attending Members: Malcolm MacNab, MD, PHD; Stephen Visco; James Cooper; Helene Weld, RN N/A Absent Members: Rick Atherton, Board of Selectmen — 9 Dukes Road (41 -309) 1. None 1. February 16, 2017: Approved as amended by unanimous consent. 1. iWimnistrative Consent Order Application — 343 Madaket Road (60.2.4 -63) Sitting MacNab, Visco, Cooper, Weld Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — Straightforward. Action Motion to Approve. (made by: Weld) (seconded by: Cooper) Vote Carried unanimously 2. Loan Request Septic to Sewer — Philip & Henrietta Day, 76A Old South Road (68 -408) Sitting MacNab, Visco, Cooper, Weld Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — Betterment loan to connect to sewer. Action Motion to Approve. (made by: Visco) (seconded by: Cooper) Vote Carried unanimously 3. Variance Request Title 5,310 CMR 15:211 & Local Regulation 64.04a —11 Village Way (14 -46) Sitting MacNab, Visco, Cooper, Weld Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — This has been withdrawn. Action N/A Vote N/A 4. Loan Request — 9 Dukes Road (41 -309) Sitting MacNab, Visco, Cooper, Weld Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — This has been withdrawn. Action N/A Vote N/A Page 1 of 4 Minutes for March 23, 2017, adopted Apr. 20 5. Condemnation Hearing 105 CMR 410.000 — 9 Dukes Road (41 -309) Sitting MacNab, Visco, Cooper, Weld Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — They came to Health Department with a sewer connection plan, so the condemnation has been removed. Action N/A Vote N/A NATURAL V. Sitting MacNab, Visco, Cooper, Weld Documentation None Discussion Santamaria — This is about the use of a $40,000 line item Natural Resources has in their FY2018 budget. Jeff Carlson, Coordinator Natural Resources — In exploring The Madaket Harbor- Ditch /Long Pond watershed, the funding will be used to narrow down where the nutrient loading is coming from. We are capitalizing on a series of eight groundwater wells existing at the land fill focusing on nitrogen contribution and how it's getting into Long Pond. The land fill from that system makes up about 20% to 25% of the controllable load for the watershed. MacNab — To what end is this information to be used. Carlson — If there are not - yet -mined areas where we see leeching, we can reprioritize the mining to those areas. MacNab — He's not convinced this will accomplish much; we'll find nitrogen everywhere. Carlson — This is part of the overall program for controlling the controllable loading. The landfill being one - quarter of the load going into the system, this will provide a better target of where we need to be working first. Weld — Wasn't there talk of an additional peer review. Visco — We wanted a third party review, S- Master is the designer. He'd like to see the scope of the work. Carlson — S- Master's estimate was used for reference. This will have to go through the regular procurement process. Other projects to improve culverts and the ditch have had a number of respondents. Visco — Suggested paying attention to the compost and what that does to the soil. Carlson — They have been working on getting a better analysis of the compost as well as the slush component. Santamaria — An important aspect behind this was the complaint that there was a lack of transparency on the work being done in regards to the landfill and sewer. This might provide answers to those questions. MacNab — Asked about the State's opinion of the landfill and if we are violating any environmental laws. Santamaria — We can contact and ask for an audit. Carlson — The testing would take about one to two months to collect the samples and get responses on the tests. Visco — Pointed out that there is an implementation date for new regulations for Madaket; would like the results back by then. Action Motion to have the Health Department ask the State to do an audit of the landfill. (made by: Cooper) (seconded by: Weld) Vote Carried unanimously Page 2 of 4 Page 3 of 4 Minutes for March 23, 2017, adopted Apr. 20 HEARING VI. PUBLIC Sitting • II MacNab, Visco, Cooper, Weld Documentation Regulation 78:00 — Mandatory Connection to Town Water; water analysis Discussion MacNab — Reviewed the wording of the proposed regulation. Santamaria — Three suggestions were brought up and incorporated into the draft: are adding, "cannot be remedied by filtration or other means "; the Section 78:04A time limit for repairs was changed to six months; there is nothing to prevent people from installing a potable well on vacant lots so added "no potable water well when Town water abuts the property." Public Hearing opened at 4:2712.m. Paul Jensen — Asked if the Water Company has the capacity to handle this. MacNab — Hook ups to Town water would only be in the case of a well failure. Santamaria — The Board of Water Commissioners endorsed this regulation. Charles Stott, Madaket Residents Association President — When considering such far reaching regulations, summer people should have the opportunity to provide input. The revisions are a great improvement. The Madaket Resident Association Board of Directors agreed to support the revised regulations. When developing a lot however, he would prefer to see the property owner have the choice whether or not to dig a well. Bill Grieder, Madaket Conservation Association — Agrees about tweaking the draft and access for the summer residents. He echoes the concerns about the board, all Town boards, consider summer residents in regards to changes or new regulations. Madaket Conservation Association has passed the information to all Madaket residents through their newsletter. He agrees about an owner having the option to go with a potable well or hooking up to Town water. Asked if a person could apply for a variance. MacNab — One can always apply for a variance. Lesley Forbes, Long Pond Drive — Asked if a well has an exceedence can it be repaired by digging a deeper well. Santamaria — Yes. Forbes — Agrees it is imperative for the BOH to have a summer forum on this issue, and sewer regulations, with lots of notice and information available beforehand. Public Hearing Closed at 4:36 p.m. Cooper — In regards to 78:04D which refers to areas of active erosion it says a well should be removed in its entirety. He talked to two well drivers, it is impossible to completely remove the casing of a well deeper than 30 feet. Suggested that the requirement be to remove the pump, cut the well at ground level, and cap the well; that should be sufficient. Santamaria — There have had a lot of problems with that; when erosion brings those well casings become exposed and stand up in the water; they become navigation hazards. The suggestion came from a well driver. Cooper — 78:05B requires an installation or abandonment permit; asked if people have to pay for that. Santamaria — That's the same permit we've always had on the books. Cooper — 78:06 refers to varying the application of the regulations; asked what it means. Santamaria — It says the BOH is allowed to issue a variance. Cooper — Agrees when there is new development, an owner should have a choice. MacNab — Vote on the first amendment. Action Motion to Approve the addition of, "cannot be remedied by filtration or other means." (made by: Cooper) (seconded by: Weld) Vote Carried unanimously MacNab — Vote on the second amendment. Page 3 of 4 Minutes for March 23, 2017, adopted Apr. 20 Action Motion to Approve changing the time limit to six months. (made by: Visco) (seconded by: Weld) Vote Carried unanimously MacNab —The third amendment is for no new potable water wells; his concern is that this is a major addition that hasn't been published for the public to review and discuss; therefore it shouldn't be considered. Need a motion on the entire regulation. Action Motion to Approve Regulation 78:00 as amended. (made by: Visco) (seconded by: Weld) Vote Carried unanimously Further Grieder — Asked for a discussion about removing wells. Discussion Santamaria — The removal refers only to areas of active erosion. A copy as voted will be available in his office next week. VIL BOH BUSINESS 1. Director's Report: a. There have been a significant increase in septic system plan reviews and construction plan reviews. The department has been collecting data from that. They also have collected daily activity reports; they have done plan reviews for 75 food establishment and over 1000 plan reviews for construction compliance. A significant proportion of construction boom has been pools; the board might have to consider regulations for draining of pools. b. Pointed out that the board neglected to establish a start date for Regulation 78:00. April 1, 2017 start date accepted unanimously. c. Discussion about the warrant article that pools require special permits in Village Residential Zoning Districts; requirements are: minimum lot size of 20,000 square feet and a 20 -foot setback on all sides. d. The Shimmo sewer project is moving forward; gave the first of public out -reach meetings and there will be more; some meetings will be held in the summer as well. It has been well received. e. He has not heard back from Department of Marine and Fisheries about another hunting season. He will reach out to them again. MacNab stated he would like to be part of a conference call with them. f. A lot of people showed up at the meeting in regards to the mobile fishing equipment closure and made their desires for equity clear. g. The department did not get the CDC intern but got an intern from Syracuse University who is starting in June; they will also have two NHS students to help with filing. 2. Weld — The Mosquito Control Commission is now down a member. The company that did the work in December has not been paid; they haven't been able to get money from the Finance Department. They still have one year of the three -year contract left. ADJOURN Adjourned by unanimous consent at 4:56 p.m. Submitted by: Terry L. Norton Page 4 of 4