HomeMy WebLinkAbout1980-01-30
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BOARD OF HEALTH
Minutes of Meeting of January 30, 1980
The Board of Health Meeting opened at 7:55 PM after a brief session as County
Commissioners. All members were present.
VARIANCE - William and Patricia Barnes have requested a Variance for an existing
single family dwelling located on Washington Avenue, Madaket, from Regulation
3.7 of Title Five, State Sanitary Code which states that no disposal facility
(leach facility) shall be located within 100 feet of a well. Health Officer Rich rd
Ray recommended the granting of this Variance for the following reasons: The
proposed leach pits location, although not complying with Tit1e~ Five or the
"Madaket Regulations" <;Ioes give maximum distance from all wells in the area and s
an improvement over the presently failed system; and, if denied, this building
would haVe tp, be declared uninhabitable by this office.Mr. Ray also reported tha
the Department of Environmental Quality Engineering has been contacted for prior
written-approval' as per Regulation 3.7, Sub-section 1 of Title Five, which state
"100 feet i~ 9 'minimum acceptable distance and no Variance shall be granted for
lesser distance';exteptWith'prior written approval of the D.E.Q.E". Copy of this
written approval of D.E~Q~E dated January 18, 1980 was attached with this reques .
Mr. Ray alSo rep9rte9. that the granting of this Variance would also necessitate
a granting 'of a' Variance from the "Madaket Regulations", Section 1, which states
that no leach facility shall be located closer than than 150 feet to a well when
the perc rate is less than two minutes per inch; .also Regulation 4 which states
"that no leach facility shall be located closer than fifty feet to a property
1 i ne. II
Mr. Holdgate motioned that the recommendations of the Health Officer be accepted
seconded by Mr. Gardner, so voted 4-0.
VARIANCE - Donald Johnston has requested a Variance for an existing single famil
dwelling located in Wauwinet, Nantucket, from Regulation 15.3 which states that
there must be four feet of pervious soil between the bottom of the leach facilit
and ground water; from Regulation 3.7 which states that a leach facility must be
ten feet from an existing lot line. Mr. Ray reported"that when initially viewed,
it appeared that the best approach towards a re-designed and updated system woul
be to locate said system on the West side of the dwelling but field examination
proved this to be impractical as the leach facility and/or 100% expansion area
would encompass the only access road to Great Point. To place the leach system 0
the opposite side of the road would leave the leach facility situated in an area
of shifting sands and small dunes. It would also mean running a pipe under the
exisiting road way. The proposed location does not meet all Regulations of Title
Five but is an improvement over the construction of the presently failed system.
The expansion area spans two lots, both owned by Mr. Johnston. As this is illega ,
I would recommend that this lot line be legally removed through Land Court, ther by
creating one lot. I would recommend these Variances be granted conditional to th
removal of the lot line separating Lots 30 and 31 thereby creating one single 10 II
Mr. Ray also noted that in reference to the distance between ground water and th
bottom of the leach facility, the houses in this are are supplied by a private
Water Comapny thereby eliminating any wells in the area used for potable water.
Mr. Holdgate motioned that the recommendations of the Health Officer be accepted,
seconded by Mr. Gardner, so voted 4-0.
There being no further business before the Board of Health, a motion to adjourn
at 8:00 PM was made by Mr. Knott, seconded by Mr. Young, so voted 4-0.
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G. M. Buckingham
Chairman