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HomeMy WebLinkAbout1988-04-27 OOARD OF HEAL'lH .The Minutes of the Meeting of Wednesday, April 27, 1988 at 7:30 p.m. The Meet- ling took place in the Selectmen's Hearing Room, Town and County building, 16 iBroad Street, Nantucket, Ma. 02554. All members of the Board were ~resent. 1!1iChairman Cabot opened the Meeting at 7:37 p.m. liil . .' rMr. Vlera moved approval of the Mlnutes of the Meetl~ of Wednesday, April 20, 1988 at 7:30 p.m. Seconded by Mrs. Sevrens. So voted. Mr. Russell Lawton of Nantucket Cranberries came before the Board with a request to install portable field sanitation facilities at the Cranberry bogs on both Milestone and Polpis Roads. Mr. Ray, Health Inspector- was present, and explaine~ that "Port-a-Potties" should be used for short periods of lime: a weekend, six t or seven weeks, or a maximum ;D(i)r six or seven months for a building site. He continued that the bogs would utilize the said facilities for nine months of the year on a continual basis and this could lead to a nusence of health problems, o<fiors, etc. Mr. Ray recornnended a real septic system, although the site has no water and no eleertricity. He added that the Septic System would require leach fields, a septic tank, a house, running water, etc. Mr. Lawton stated that the State andlOSHA require some sort of facilities on the site but that he was con- cerned about the inflow of nitrates should a full Septic System be put in. He also cornnented that the State will not permit a permanent facility without a gen era tor and a well and the State will pull the laborers off the fields if he does not comply with the regulations. Mr. Viera inquired if the facilities would use ever:! year for none months. Mr. Ray replied yes. Mr. Viera stated that if the Board were to waiver Mr. Lawton's request, the Board would have to do so for other septic applicants. Mrs. Sevrens motioned to accept Mr. Rays recornnendatio seconded by Mr. Clute. So voted. Mr. Lawton cornnented stated that the discussi n would now be between the State Department of Public Health and the Board of Heal h because if Mr. Lawton does not have the facilities in on time, he will lose his labor. There came before the Board a request for a Condemnation Order for the house of Ms. Tobey G. Shaw of 117 Baxter Road in Siasconset, Ma. 02564. Mr. Arthur Read was representing Ms. Shaw. Mr. Ray cornnented that he referred the issue to Tovm Counsel. Mr. Clute mentioned that this matter was not in the Board's power and that they should address the Building Cornnissioner. Town Counsel stated tha they wanted the vote of the Board in order to get aid from Federal insurance to move the house back from the eroding bluff. He added that the Board of Health and the Building Cornnissioner must say that it is a public health emergency in order to condemn it. Counsel DeRensis added that there will not be any sickness to the public if the house falls to the beach. Mr. Ray cornnented that it is a "Catch 22" situation: they want the house to be condemned before falling over th bluff, yet it can not be condemned without it falling over the bluff. Mr.Reade responded that some time in the near future, the house is in peril; under the Federal Flood Insurance Program, the house must be condemned before it goes over and he added he stated that, yes, the owner can sit and watch the house go over and then collect the insurance but this could be prevented and a valuable house could be moved, there would be less additional damage to the bluff, no one would be hurt if they might be if in the house when it goes over, the workmen are mov- ing the house would be safer now if condemned and it is more responsible. He also added that the Conservation Cornnission wrote a letter in favor of the move and agreed that it is more of a Building Department issue rather than a Board of Healthmatter. He concluded saying that the Federal Insurance Program would rather move the building than pay for it after it falls. Counsel DeRensis call a point of order and stated that Commissioner Santos should look at the applica- tion. Mr. Viera stated that this is a matter which the Board of Selectmen shoul take up and that he does not believe the Conservation Cornnission is in favor of the move and that their letter just states the same facts as the other documents Mr. Clute stated that Ms. Shaw has plenty of time to move the building. Mr. Clu e motioned that the application be referred to Building Cornnissioner Santos; sec- onded by Mr. Viera. Mr. Santos stated that a permit was already issued to Ms. Shaw to move the building and that if the appication for condemnation was denied by the Building Department the appeal would go to the state and if it is a zonin issue it will go before the Zoning Board of Appeals. Town Counsel stated thQt i Mr. Santos issues a permit and they do not destroy the building, the Board of Selectmen have the authority to order it to be destroyed. Mr. McLaughlin cornnen ted that the Conservation Commission should open Sesachacha Pond to prevent bluf Minutes of the Meeting of April 27, 1988 Page II erosion. Mrs. Sevrens agreed with the recornnendations of the Health Inspector, the Building Cornnissioner and Town Counsel. Mr. Clute motioned to deny the , request for the Conderr,nation Order based on the Building Cornnissioners recornn- . endation; Mr. Viera seconded. So voted. Ii , The Board extended it's congratulations to Mr. Richard Ray, Health Inspector, wrp passed the State Examination as a Certified Health Officer.! There being no further business before the Board of Health, Chairman Cabot adj_11i,. ourned the Meeting at 7: 58 p.m. q(t~~0 Executive Secretary