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Home My WebLink About2017-02-16Minutes for February 16, 2017, adopted Mar. 23 < < __ BOARD OF HEALTH ti/�A `•t` ' U: K -. :3 N CI E R i Meeting Town of Nantucket 2011 MAR 24 AM 10: 45 3 East Chestnut Street RAI�` Nantucket, Massachusetts 02554 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, February 16, 2017 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; Helene Weld, RN; Rick Atherton, Board of Selectmen Absent Members: None Agenda adopted by unanimous consent ANNOUNCEMENTS I. • • ��' • • 1. None APPROVAL OF 1. January 19, 2017: adopted by unanimous consent. VARIANCE • 1. Variance to Local Regulation 64.04: 31 Brewster Road (54 -172) Sitting MacNab, Visco, Cooper, Weld, Atherton Documentation Supporting documents and plans, staff recommendations. Discussion (4:oi) Santamaria — For a failed conventional system, they are asking to install a conventional system until sewer comes through. Action Motion to Approve. (made by: Visco) (seconded by: Atherton) Vote Carried unanimously V. PUBLIC HEARINGS 1. Regulation 78.00: Connection to Town Water Sitting MacNab, Visco, Cooper, Weld, Atherton Documentation Copy of Draft Regulation 78.00; water analysis Discussion Public hearing opened at 4:03 p.m. Santamaria — This is a recommendation from the Health Department staff in response to contaminated potable water wells and requires connection to town water; it has endorsement of the Water Commission. Reviewed data showing exceedences across the Island; 75 % of all wells tested have had at least one exceedence. Charles Stott, Madaket Residents Association President — Eight of the nine board of directors oppose Regulation 78 and the Regulation 51 amendment. The hearing should be in summer months when seasonal owners to learn about and ask question about these changes. Asked to see the data supporting the claim of wide- spread well water contamination. If this is meant to address public health, it should target the contaminated wells. There are other options; one is to require well Page 1 of 5 way to go. Larry Levine — In 2010 & 2011 18 septics, 15 of which were I/A systems, were installed as required under previous regulations. Asked how this regulation interacts with the Administrative Consent Order (ACO) process. Santamaria — Now that sewer is not going to Madaket, the ACO program expired as of January 1, 2017; they are working a financial officer to liquidate the accounts to get the money back to the property owners. There is a caveat, which is a legal binding document, that if sewer is not brought out by January 1, 2017, the money is returned for the purpose of installing an I /A. Levine — If an I/A system is in place, asked why it has to be inspected every 5 -year. The O &M contract requires water testing twice a year. Santamaria — That is part of the Certificate of Compliance and makes the owner exempt from conventional testing. Levine — Three new conventional systems were installed in 2011; asked if they have to be replaced with I/A systems upon new construction, transfer, and expansion if they are working fine under State Title V regulations. Santamaria — Yes, the Town can pass a law which is more restrictive than the State law. Page 3 of 5 Minutes for February 16, 2017, adopted Mar. 23 Richard Ray, private citizen — As the regulation is written, you must connect to Town water if it abuts your property; he wants to know where the water lines currently are and if the water lines will be expanded in Madaket to all the side streets. Bob Gardner, Wannacomet Water Company Manager — The water lines in Madaket have 288 connections left from Second Bridge on; about 80 properties have connected; the final phase of the extension out to end of South Cambridge, through Midland and to Starbuck but there are easement issues to be resolved. This expansion, if it is done, would complete the loop through the system. Visco — This regulation will affect more people than Madaket. Atherton — His recollection is that there was a cry from many Madaket residents who wanted water to improve drinking water and fire protection; the water lines in Madaket were in response to that MacNab — A logical way to proceed is to mandate staggered water testing, if the well fails, they property must connect to Town water. Cooper — Still thinks the homeowner should have the option to install a filter system. Santamaria — If the hearing is continued, he will rewrite the regulations with a testing protocol and what must happen if the well fails. Action Motion to Continue the Public Hearing for proposed Regulation 78 to March 23, 2017. (made by: Atherton) (seconded by: Cooper) Vote Carried unanimously 2. Regulation 51.00: Affecting Madaket Sitting MacNab, Visco, Cooper, Weld, Atherton Documentation Copy draft amendment to Regulation 151:00 Discussion Santamaria — This is nearly identical to the Nantucket Harbor Watershed District regulation and less restrictive to the Hummock Pond Watershed District regulations. Since sewer to Madaket was voted down, this amendment is proposed requiring I/A systems upon technical or hydraulic failure, new construction, and transfer of property. This has a sunset date of Dec 23, 2023. Public Hearing opened at 4:48 p.m. Richard Ray — If there is a normally functioning system, five years from today an I/A has to be installed. That is more expensive to put in the Alt Tech system than to hook to sewer in the original article. Atherton — That is true. Visco — He doesn't want to make people put in I/A if sewer is coming back. MacNab — Noted there is the betterment loan at 2 %. Cormac Collier, Executive Director Nantucket Land Council — He supports this amendment; the more viable and important option of sewering in conjunction with looking at the dump is the best way to go. Larry Levine — In 2010 & 2011 18 septics, 15 of which were I/A systems, were installed as required under previous regulations. Asked how this regulation interacts with the Administrative Consent Order (ACO) process. Santamaria — Now that sewer is not going to Madaket, the ACO program expired as of January 1, 2017; they are working a financial officer to liquidate the accounts to get the money back to the property owners. There is a caveat, which is a legal binding document, that if sewer is not brought out by January 1, 2017, the money is returned for the purpose of installing an I /A. Levine — If an I/A system is in place, asked why it has to be inspected every 5 -year. The O &M contract requires water testing twice a year. Santamaria — That is part of the Certificate of Compliance and makes the owner exempt from conventional testing. Levine — Three new conventional systems were installed in 2011; asked if they have to be replaced with I/A systems upon new construction, transfer, and expansion if they are working fine under State Title V regulations. Santamaria — Yes, the Town can pass a law which is more restrictive than the State law. Page 3 of 5 Minutes for February 16, 2017, adopted Mar. 23 MacNab — That is for if sewer comes you have 10 years. Consensus agrees about deleting the sunset date and adding an implementation date. Discussion about the implementation date: July 1, 2019 would connect with the start of the fiscal year. Action Motion to Approve 51:00 without the sunset clause and implementation July 1, 2019 as amended by Town Counsel. (made by: Visco) (seconded by: Cooper) Vote Carried unanimously V. BOH BUSINESS 1. Director's Report a. On March 23, 2017, the public hearing on Regulation 78 will continue. b. He has not heard back about the summer interns; there will be at least one. c. The department has increased amount of housing inspections. Word has gotten out the Health Department is doing inspections and they are in response to complaints. d. They have been inundated with plan reviews for potential food establishment this summer. Discussion about mobile food trucks will be on the next agenda. ADJOURN Adjourned by unanimous consent at 5:25 p.m. Appendix of items used during public hearings: 1. Anderson letter in regards to Regulation 78.00 2. Emails in response to Regulations 78.00 and 51.00 3. Board of Health Regulation 78.00 4. Board of Health Regulations 51.00 5. Forbes letter in regards to Regulations 78.00 and 51.00 6. Roxby letter in regards to Regulation 78.00 7. Santamaria Memorandum dated 2/16/17 8. Unruh email in regards to Regulation 78.00 9. Flannery letter in regards to Regulation 51.00 10. Water Analysis: Hummock, Madaket, Nantucket Harbor Watershed, no watershed Submitted by: Terry L. Norton Page 5 of 5