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Home My WebLink About1979-09-05 .., ~.. BOARD OF HEALTH Meeting Minutes of September 5, 1979 c The Board of Health convened at 7:30 P.M. All members were present. Mr. Holdgate motioned that the Minutes of the Meeting of August 29, 1979 be accepted and reading of the same be waived. Seconded by Mr. Gardner, so voted 4-0. VARIANCE REQUEST/JANEB. NICKERSON, MADAKET: Copies of letter of request for variance from~HOFIELD BROTHERS, INC. dated August 27, 1979 and report regarding . this Variance by Richard Ray, Health Inspector, ARE ATTACHED TO AND A PART OF THESE MINUTES. There was discussion between the Board and Mr. Ray as to this variance request, particularly that there is four feet between ground level and leaching. Mr. Young asked if we were in essence, throwing over the DEQE. Mr.Ray answered that every request is referred to the DEQE for final decision. Mr. Young asked how you can recommend 2'8" ground water, 4' lower than leach and sai he was concerned for the health of these people and asked if the Board of Health approves and someone does get sick, who is responsible? Mr. Ray answered that the final responsibility was the DEQE's. Mr. Ray stated that if this was to be a new dwelling, he would recommend that the Variance be denied but that this was an existing dwelling and a hardship case and if the Board voted against it these people would have a worthless piece of property, that he does not recommend the granting of variances to new dwell ings and that these exceptions were allowe for under Title Five in these hardship cases. Mr. Holdgate motioned to grant this request, seconded by Mr. Gardner, so voted 4 O. .. JEPSON LEASED PROPERTY/MADAKET ROAD: As requested by the Board at the Meeting of the Selectmen of August 29, 1979, reports from Health Inspector Ray and Zoning Of i- cer Chaleki as to alleged stockpiled horse manure on the leased Jepson property were presented to the Board of Health. Mr. Ray's report summary stated "an investigation of this property revealed a stockpile of woodchips used for landsca - ing. Mr. Chaleki's report states that the property is zoned for Agriculture purposes and is covered under MGL Chapter 40A; that there is no retail sales being conducted on the premises, that all business is conducted at the home of th purchasers. His report concluded with his determination that at this time there i no violation of the Zoning By-law at the site in question on Madaket Road. rs. Darroch, complaintant, addressed the Board. She said that her complaint was that the pile is unsightly and that she is still concerned about so many horses in that area, that they are standing in "wetlands" and she is concerned about possible encephalitis and wished the Board to do something about limiting the number of horses in the area. Mr. Ray commented that Madaket Road is on the Town ater system and therefore, that presents no health problem but that he did have a request into the Conservation Commission to see if there is an violation re: "wetlands". He also said that the Jepsons are liming any stockpile at his request several months ago, that should keep the odor down. Chairman Buckingham asked r. Ray to report as to response from the Conservation Commission. here being no further business before the Board, a motion to adjourn at 7:49 was ade by Mr. Gardner, seconded by Mr. Knott, so voted 4-0. 1""". \' \......- ~~-= G. M. Buckingham, Chairman , ~ This letter attached to and a part of the Minutes of BOARD OF HEALTH MEET~~~ ~ of September 6. 1979. ~,,""""'" ~~~~~!!!~~~~::" BOARD OF HEALTH ~~.' '.",\ f1f\".' "- >c-)~l NANTUCKET, MASSACHUSETTS ... . : ..~\ - J.....~ 617-228-9481 "Ao' .'~ $ .....^... .' a.v !Ii ..........A ........~ ":</0'" ""," ORAT'V~"" a:~::"Of Heal t h - ;1> RICIWID L. .1' brd of JIMltll .,.. It ao..-t, -.dl~.. ........... ...... aPf. "'. 19'19 ., Yutuoe .......- for.. ~. ctwt14. '-J~. to JaM ~w lit..... 1oeat.. Sa .....'-t. Glate1au1 '!h... YllriaBcee. if pout". aN fIofa titl. , .. tile .tat. 1uital7 Cocle. u4 tu ..1rat ....'.ti... "p1aticm 14.2 of fl.tl. ft...., !Ida replatica 8tipalat.. a lIda1-. of tGIII' feet be ..utdDect betvea tu bot'- of th. l_oIl ft.14 ... Cll...... _t.r. I wu14 reo- lIul cratiJlc tide WII'taaoe .. tJae 1... tl.14 ia it. propa..1I1oa.tica U at ita hiallNt .1....ti_ ~b1e. Ifo locate it on . hi<<b.r .1....tiOll voa14 __ dolatica of th. replati.. cOllcemiDg 100 foot 4ietaaeee betw_ 1_c1l taoUit, aDd wen. ......Ir.t Bep1atioul Rep1attoa 1. !hi. reca1atioa 8tipalat.. tbat . l_oh taoili" 8ba11 be l00at.. 150 fe.t be. . _n. Qloe Apia we ha.... a ..n lot oharaoteri8tio of the IIat1aket arw.. Ifo locate the leach faoili t7 150 fe.t. rrc. the _11 poiat woa14 locate the leach on . lower .l"..tl_. thall di8iai.ld.q the di8tance bet"... leach ad ~4 _ter, fvther ~lloatiq Res 14.2 of 'fitl. Pi..... ~ - ~ " . , . """......... ~''5. .."TUCIr...'~ ~.. ~ .-;..........~ ~~.~ ~C).' "_.JL:. !Ii~ ",. "'-7 f~/., \f'~\ =...1. - f' : i ~ /It... .ei $- ;: 't.~ L....; ~...~, .,~~ ~.'7e;._..-;.~",.. C-:::: Heal! h I wa1.4 NO BOARD OF HEALTH NANTUCKET, MASSACHUSETTS 617 -228-9481 (2) ,.. _tbe tJda ~. .....,.tt. .... .... JI8III1ati_ etlpdat_ tlIat a 1__ _ BOt be 1Mate4 vltJda ,-0 fee, of. a lot UM. !1M lot fa ....... fa 1CO teet .u. at tide pdat. t~l'''', ~ ~ _ aot be ~ _ aU. ..... of tJae 1.... fMtUt)'. IWII14 "Ii _I ~tlac t1Wl YU'iaaoe aJ..o. Vitia eat .. 1eao1a facility, tld8 aietiac aw114111 ..u baYe to be . 1 II _f_"~tab1.. -- PJI I wd4 ftl ... tJae ....s..s of tJINe 'IU"la8oee ...~ t. D...Q... aJlllow. !Ide fa a pne:d.atSac 1wU!ala4 to dea7 t.... ........ wd4 .. a lluflldp te t1ae ..... .. .. "Us.. .... ...... to be 4ec1.aiN4 -""M'itable. ~8JHtfta1l7 ..1mtt.. ~;<E~ IIealt. IMpeotor 1'-. Of Ratuc1r.et ....... "' . 1!'Jn.,"";,'"".....".,~..",.,.......-_..."". ,r ~- 4 ..to; ,_.11 4 lIlf Ii This letter copy attached to and part of the Minutes of the BOARD OF HEALTH MEETING of September 5, 1979. N-13l9 . Schofield Brothers, Inc. ~~ Professional Engineers. Registered Land Surveyors . Land Planners. Consultants Nantucket Professional Building, Sparks Avenue, Nantucket, Mass. 02554 . TELEPHONE: 617 228-2030 c August 27, 1979 Board of Health Town & County Building Broad Street Nantucket, MA 02554 Attention: Mr. Richard Ray, Health Inspector Dear Mr. Ray: We would Uketo reques.t a variap.ce from ~RegulatiQn 14.2 of the State Environmental Code, Title V, for the construction .ad repair of a subsurface sewage disposal system to serve an existing two (2) bedroom dwelling. The dwelling is on Lots 448, 447 and 172 as shown on Land Court Plan 3092-33, Tennessee Ave., Madaket, Nan- tucket, Massachusetts for Jane Dunham Nickerson. We are also requesting a variance from the Board of Health Regulations concerning Madaket. That is, the l5D foot minimum from well to leaching area and 50 foot sideyard offset minimum. As shown on the plan prepared by Schofield Brothers, Inc, dated August 27, 1979, the existing septic system serving the east side of the dwelling is to be abandoned. A new system consisting of a 1000 gallon septic tank in series with a 5 outlet distribution box and 2 leaching trenches is designed to replace it. The proposed leaching trenches are within four (4) feet of the existing ground water elevation and therefore, it is necessary to obtain a variance from Regulation 14.2 State Environmental Code. I would like to point out that enforcement of Title V Regulation 14.2 would do an injustice to our client. There is no doubt that the existing system has failed, causing a temporary health hazard. The existing dwelling would be unin- habitable without a satisfactory method of sewage disposal. A variance from the Town of Nantucket Boam of Health Regulations affecting Madaket is also required. As you can see on the plan, the existing well on Lot 447 is only slightly more than 100 feet from the planned system, within state requirements, but not the Town 150 foot requirements for Madaket. As you know, there are many lots in Madaket that cannot meet this requirement and that a variance from this requirement is not unusual. The system is more than 150 feet from all abuttors' wells. Therefore, we conclude that the construction of a repair of a sewage disposal system on Lot 172 would offer the same degree of -41 .~ I l . c; -:....., . N-1319 Board of Health August 27, 1979 Page 2 environmental safety as presently exists on the surrounding lots. When the Board of Health has scheduled a meeting which has this variance request on the agenda, please notify me. If you have any questions, or comments, prior to this meeting, please do not hesitate to contact this office. Sincerely, SCHOFIELD BROTHERS, INC. ..kt(0.lI/~ ~p~.MarCklinger ~ Project Surveyor JEM!pbc cc: Dept. of Environmental Quality Engineering