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HomeMy WebLinkAbout1982-05-19 BOARD OF HEALTH Minutes of Meeting of May 19, 1982 Chairman Holdgate called this meeting to order at 7:30 PM in the Selectmen's Meeting Room. All members were present. Minutes of the meeting of May 5, 1982 were accepted as typed and reading of the same was waived on motion by Mr. Grossman, seconded by Mr. Oliver, so voted. Request for Variance from Requirement for Connection to Common Sanitary Sewer: Lot 2, Perry Subdivision, Pleasant Street: Letter from Attorney Richard Glidden on behalf of his client, Patrick Woodley, owner of Lot 2 as cited above, dated May 17, 1982, read wherein Attorney Glidden explains situation as follows "... When this subdivision was originally planned there was uncertainty as to whether it should be on Town Sewer or not. Apparently it was decided that the Town system could handle the new lots and Mike Bachman prepared the necessay plans and layout. As the main system had to be extended thirty or sixty feet, it became necessary to file with the state to obtain their approval. Somebody lost the plans and they were never filed properly which was discovered last week and a new set of plans were prepared and sent to the State; however, their response time is ninety days. While all this was going on, Pat Woodley, who purchased Lot 2 in the subdivision, had obtained his financing, lined up his contractors . and materials and doing everything else necessary to commence construction. When: I was informed of the problem last Monday at 3:00 PM, I told Woodley I would go i to the Planning Board, explain the problem and ask for help. The Board was very understanding and because this was only one lot and because it easily met the percolation requirements and because Woodley's pre-framed house was expected to arrive on the Island immediately, the Board voted unanimously to release this lot from the terms of the covenant relative to Town sewer, provided it met the standards for design of a septic system, It was made clear that this was a one- shot deal and no additional lots would be released within this sub-division until the remianing lots are tied in with Town Sewer...After I discussed the issue with them (Planning Board) it was clear that the design of the system had to be approved by you, therefore, I did not envision the need for talking with you myself... the fact is that the paperwork and delays involved in a State permit would result in an incredible hardship upon Woodley, an absolutely innocent party in this situation, and the Planning Board agreed that granting him a waiver woul~ solve the problem without deviating from the spirit or intent of their rules and regulations..." Attorney Glidden's letter dated May 18, 1982, addressed to Chairman Holdgate, requesting a Variance from Title Five, 3.10 CMR, 15.00, subsection 15.02 (12) on behalf of his client, Patrick Woodley, the owner of Lot 2 on Land Court Plan No. 38506B, was read. Health Inspector Richard Ray's letter of recommendation to the Board of Health dated May 19, 1982, read wherein he states the following: "...As you are aware, Mr. Woodley is the present owner of a lot located in the Madelyne Perry sub- division located off Pleasant Street. At their regularly scheduled meeting of December 14, 1981, the Planning Board approved said sub-division with the stipulr- tion that all lots be connected to the Town Sewer line. Unfortunately, due to ani administrative error, the Department of public Works did not file with the I Department of Environmental Quality Engineering for Sewr plan approval until recently and, by law, DEQE has 90 days before approval is rendered. This un- fortunately postpones the issue of a Building Permit until approximately August ~, 1982. Acting in good faith, Mr. Woodley ordered his building materials and they I are now on-site and ready for immediate construction of his dwelling. As the error was not the fault of Mr. Woodley, I would recommend that the Baord at this time, grant a Variance from Title Five, subsection 15.02 (12) "Connection I to Sanitary Sewer" and issue an In-ground Septic System Permit with the followin~ stipulations: (I) All applicable regulations of Title Five in respect to filing ! for said permit must be met; (2) permit issued with the understanding that when: I DEQE approves the sewer plans, the dwelling will be connected to said Town sewer; (3) A Certificate of Compliance shall NOT be issued on said "In-ground Septic system; (4) A Certificate of Occupancy shall not be issued until the dwelling isi connected to the Town Sewer. Health Inspector Richard Ray addressed Board and told him that he wrote that letter of recommendation yesterday based on the facts that had been presented i up to that time, but that today, he and Building Inspector Norman Chaleki visited .1 BOARD OF HEALTH: Minutes of Meeting of May 19, 1982 (continued) Page 2 the site and did find a building three quarters of the way up without a Building Permit. Mr. Grossman said he felt this showed poor faith to start something without proper permits, and wondered on what basis people assume they will get a Building Permit. Mr. Oliver expressed his concern about someone putting up build- ing without a permit. Mr. Ray advised Board that we are seeing more and more of this Fine is only three times the cost of the Permit, about $150.00, worth it to them, not strict enough. Mr. Clute asked if the lot has met the Perc Test re: Title Five. Mr. Ray said he hasn't seen plans yet but thinks it would. Mr. Ray told Board that we are not considering automatic issuance of a Septic System permit tommorow, that DEQE has 30 days to accept or deny. Chairman Holdgate asked Mr. Ray if Building Inspector Chaleki issued a "Cease and Desist" order to Mr. Woodley. Mr. Ray answered yes, this morning. Mr. Gardner noted that they were still building at 2:30 PM. Mr. Grossman asked if a penalty paid for building without permit-- Mr. Ray answered "not until Building Permit issued". Mr. Bruce Poor, owner of the sub-division told Board that they were waiting for the State approval, didn't know that the DPW didn't file. Mr. Clute asked Bruce Poor if he was aware that this construction was going on. Mr. Poor answered that he was aware of footings being put in, assumed Building Permit. We had filed proper papers-an automatic thing. The papers were lost by DPW. Buyer didn't anticipate that. Mr. Gardner advised Board that for the record, this sub-division is not Madelyne Perry's, it is Bruce Poors.Mr. Grossman motioned that this request be denied because of failure of parties to get proper permits. Attorney James Glidden asked "even if not fault of the owner?" Mr. Glidden continued and asked the purpose of a building permit, its' importance, after all, one must comply with all regulations before occupancy. He suggested the permit just collects fees for the Town. Mr. Oliver responded that the main purpose of a Building Permit is to protect the future occupants-that the electricity, plumbing, etc. are right. Mr. Glidden told Board that "you are not being asked to circumvent the law, your being asked to give a Variance because of the situation." DPW Superintendent Walker suggested to Board that these people could have checked on this since December. Mr. Poor said that there have been mistakes all around, the thing is to solve the problem so the least amount of harm to everyone. Lots are big enough- could be approved with septic system. Mr. Grossman said that the Building Inspector and Health Officer are agents of the Board of Selectmen, they are responsible to the people of Nantucket, they are trying to uphold the laws and are being given run around. Mr. Oliver seconded the motion that had been made. So voted 4-0. There being no further business before the Board of Health, a motion to adjourn at 8:03 PM was made by Mr. Gardner, seconded by Mr. Grossman, so voted. Board of Health A;(~Py/ Kenneth W. Holdgat~r. Chairman