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HomeMy WebLinkAbout1984-11-14 Ii BOARD OF HEALTH Minutes of NovEmber 14, 1984 Meeting Meeting COIIYrEl1ced at 7:01 p.m. with the following members present: Chainnan Bernard Grossmm, SelectIren Charles "Jack" Gardner, Harry "Bud" Clute, Rogers "Skip" Cabot, and Nancy Sevrens. Also in attendance: Acting Executive Secretary Barbara Dale, Health Inspector Richard Ray, Planning Board Director William "Bill" Klein, and John Roe of the Nantucket Land Council. Minutes of November 7, 1984 rreeting were accepted as typed andreading of the same was waived on a rrotion by Selectmen Cabot, seconded by SelectIren Clute, so voted. PUBLIC HEARING (location: Elementary School) Septic System Regulations: At last week's rreeting, the Board of Health voted to schedule a public hearing for November 14, 1984 to consider the reccmnendation from the Planning Corrmission to adopt the following Health Regulations, pursuant to its powers under Chapter III of the Massachusetts General Laws, to protect the long-term integrity of the Island's ground water quality, which the Ccmnission believes would be adversely affected if on-site septic systems continue to be installed at a greater density than one such system for each 40,000 square feet. 1. No on-site septic system permit shall be approved by the the Health Inspector which is proposed to be located on a lot with an area of less than 40,000 square feet. 2. No on-site septic system permit shall be approved by the Health Inspector for a second dwelling located on a lot with an area of less than 80,000 square feet. I I I 1 I I I 3. The Board of Health may waive strict corrpliance with this regulation in cases involving cluster subdivision plans pursuant to Chapter 139, Section 7B of the Code of the Town of Nantucket (the Zoning By-Law) provided that no such waiver shall approve an on-site septic system permit in a cluster subdivision which is located on a lot containing (a) less than 20,000 square feet for each dwelling unit septic system for cluster subdivisions which rely upon individual on-site wells for domestic water, or (b) less than 10,000 square feet for cluster subdivisions which rely upon a ccmnunity water system. A waiver for cluster subdivision plans shall require a finding by the Board of Health that the configuration of septic system locations in relation to the location of camon open space serves to adequately protect ground water quality on and adjacent to the site. 4. This regulation shall not apply to lots lawfully in existence prior to the effective date of this regulation/ 5. This regulation shall becorre effective on the date it is voted by the Board of Health. I I I I i Mr. Chainnan started the rreeting stating the agenda item is a public health I issue only and purpose of rreeting is for the following reasons: presentation: of the Planning & Ecorronic Corrmission & Health Inspector Richard Ray, and public input. Mr. Klein expressed the views of the Conmission and referenced to the document "Goals & Objectives" which he stated is a policy of "balance", which includes to "grow and evolve" and to protect the natural resources for future generations. Measures thus far, he stated, which have been I implemented are: Land Bank Adoption, Affordable housing through the appoin~t of the Nantucket Housing Authority, adoption through Town Meeting of the I article for "Assessory Apartrrents" & Ground Water Protection (voted by Town Meeting) . He stated tonight's action has been studied by comnission members and staff and purpose of this measure is to help corrmibnent that had been stated in "Goals & Objectives". I, FOARD OF HEALTH Nov. 14, 1984 Meeting cont'd page 2 Mr. Ray, Health Inspector also in attendance for discussion explained the reasons why the Board of Health are considering adopting such a regulation. He explained nitrates and levels which are acceptable and non-acceptable. Mr. Ray endorsed reccmnenation of this regulation. Mr. Chairman opened the floor for discussion with techincal questions being the first item on the agenda. Discussion topics followed withO[D:POsition to and favor. of: :Madaket and problems which are currently ocurring to the septic systems, nitrate levels, waterfall levels, soil conditions, relocation of wells, sewer treatment plant, average number of occupants per household per data collected, number of people which will be effected by this regulation, variance criteria of regulation, legalities of wording, zoning and the part it plays in this regulation, exerrption clause in regulation, Town of Nantucket and Massachusetts standard differences, and proposing article for Annual Town Meeting for sewer extensions. Mr. Klein stated opinion had been given by Special Town Counsel, William Rickm:m and suggests Town Counsel to review regulations and point out suggestions for improvement. SelectIren Cabot stated this was the wrong forum for item and this matter should be put before a town rreeting vote. Selectmen Sevrens notioned to review regulations by Town Counsel and vote at next scheduled rreeting. Selectmen Gardner seconded notion and added item should be reviewed by both Town Counsel Edward Foley Vaughan and Special Town Counsel. Mr. Chairrran stated next week's rreeting may be cancelled due to the Thanksgiving Holiday and next scheduled rreeting would be Novernber 28, 1984. Unanimous vote to table vote in til November 28, 1984. Being no further business of the board, the rreeting adjourned at 8: 55 p.m. OOARD OF HEALTH ~J;j)L Acting Executive Secretary Barbara M. Dale