HomeMy WebLinkAbout1978-12-13
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BOARD OF HEALTH
Minutes of the Meeting of December 13, 1978
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VARIANCE - ROBERT MARKS, SR.
A letter from Health Inspector Richard Ray informed the Board that Regulation 3.
Title 5, State Environmental Code, requires 10 feet between leach facility and
boundary line of property. Mr. Marks has 4'. He recommends Mr. Marks be
granted a variance to upgrade the system. Buckingham moved the recommendation
be approved, second by Holdgate and so voted.
Donald Visco commented he felt the Board was making light about an important
Board of Health matter. Special Madaket rules were put into effect as a
backlash against a certain developer. He felt This 50' requirement from the
property line for leaching field is unreasonable and hard to justify in court.
He added it hampers Nantucketers and works an unnecessary hardship, not justifie .
Mr. Visco said this was put into effect several years ago (actual date 9/19/72)
and he had sat in with old Health Inspector. He felt the present Board should
consider revoking or amending the special Madaket rules, especially the 50' line
and his personal opinion is that this would not stand up in court. There are
lots in Madaket which are 25' x 60', but most of them are 4 together.
Visco continued that, in the older Madaket village, much has to be gone through
to get permission. There was a water quality report several years ago which
indicated Madaket could support 5,000 people.
Mr. Gardner said after a water study by Whitman and Howard just for Madaket and
'Sconset, these regulations came about. Tillotson never followed through in
court with a test case and the rules were not challenged in court, so he feels
that they would stand, for Tillotson would otherwise contest them.
Visco said the state has minimum standards. The Town never enforced any until
1971. He also felt the Board of Health should be separate from the Board of
Selectmen.
VVARIANCE - LESLIE JOHNSON
A letter from Atty. Tillotson of Sherburne, Powers and Needham, Boston, was
received concerning a variance given 11/21/78 to Leslie Johnson regarding
lots 22, 23, 41, 42, Block 140, Plan 3092D, Nantucket Registry District.
He cited Chapter 21A, Section 13, Gen. Laws, DEQE promulgated regulations for
"Minimum Requirements for Subsurface Disposal of Sanitary Sewage, 1977,
Title 5, effective 7/1/77." Part 2 of Title 5, Regulation 20 requires all
abutters to be notified by certified mail 10 days before Board of Health
meeting, at which variance will appear on agenda. Ms. Johnson did not follow
requirements of Regulation 20.
Tillotson requests variance of 11/21/78 be immediately rescinded and Ms. Johnso
instructed to follow requirements.
(the Board)
Mr. Holdgate said the Board believed i~ did right and he did not see where the
abutters had to be notified. He would like to, and moved, to refer the matter
to Town Counsel and table until he is heard from. Second by Knott and so voted.
unanimously.
~ARD OF HEALTH
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Chairman
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