HomeMy WebLinkAbout1988-05-04
BOARD OF HEALTH
The Minutes of the Meeting of Wednesday,. May 4, 1988 at 7:30 pm.
All members of the Board were present. The Meeting opened at
7:35 pm.
Mrs. Sevrens moved approval of the Minutes of the Meeting of
Wednesday, April 27, 1988 at 7:30pm. Seconded by Mr. Clute.
So voted.
Mr. Bourgoin brought before the Board of Health/Board of Public
Works a set of regulations for Sewer Services Connections. Mr.
Bourgoin mentioned that Counsel DeRensis had approved the regulati
Mr. Clute stated that the regulations were mandated by the state.
Mr. McLaughlin motioned to table for one week for the purpose of
perusal. Mr. jClute mentioned that the rate of $500 for connectio
was fair since ten years ago the connection fee was $250. Mr. Van
Lieu commented that he was in favor of the connection fee so that
people could connect their sewers currently and not have to wait f r
the Annual Town Meeting. Mr. Clute mentioned that it is not mandator]
to hook into the sewer if their own septic system works. Mr. jClute
motioned to accept the said connection regulations~ seconded by
Mrs. jSevrens. Mr.j Viera was slo in favor, Mr. McLaughlin stood
opposed. So voted.
Mr. Bourgoin came before the Board requesting official acceptance
for the Substantial Completion Phase of the Surfs ide Road Sewer
Extention Project. Mr. jBourgoin Mentioned that the project had be
tested and approved and that there was a retainage of 1% and that all
there was left was a punch list of $22,000. Mr. Bourgoin commented
that people may now obtain sewer permits. Mr. jMcLaughlin mentione
that the project was not substantially complete if there was still
a punchlist of $22,000. Mr. Bourgoin mentioned that this project
was in the best interest of the Town of Nantucket and the people.
Mr. jRay inquired if this project included Pine Valley Realty Trust.
Mr. jBourgoin mentioned that the said Trust had yet another hurdle
before approval. Mr. Clute moved approval to accept the project
but withholding the $22,000 until Mr.Shea returned from holiday~
seconded by Mr. Viera. So voted.
In a letter to theBoard, Robert and Eleanor Jones of 50 Squam Road,
Nantucket requested to erect a 10'xl0' tent in the trees with a
chenical toilet while an addition to anexisting structure was being
built. Mr. Ray recommended to the Board to deny this request but
recommend installation of a full septic system, that could be used
for construction and also after construction was completed. Mr. Vi ex
mentioned that just the week before, the Board of Health denied the
same chemical toilet situation to the Nantucket Cranberry Boggs.
Ms. Jones commented that she needed a tent to live in and that they
have already cut back bruch for said tent. Mrs. Sevrens moved to
deny the request~ seconded my Mr. McLaughlin. So voted.
Discussion commenced regarding the licensing authorty of Daycare
Facilities on Nantucket. Mr. Ray commented that the State was
the origonal liceinsure, the authority was then transfered to Nantu ke
and now he recommends to give the responsibility back to the State.
He also commented that there are only four daycares on Nantucket an
that thre rules and regulations are grwoing faster everyday. He
also mentioned that the increase in workload for his office is not
worth the $25 per daycare that the Town profits from. He alo
states that the Stae Office will still follow through with his
office and that he would accompany the officials on all inspections.
Mr.jClute moved approcal and that a letter be sent as soon as possi Ie
to state the trasfer. Seconded by Mr. Viera. So voted.
Page II
Minutes of the Meeting of Wednesday, May 4, 1988
There being no further business before the Board, Chairman Cabot
adjourned the Meeting at 8:01pm.
,41; Y{7/(Uir t] / .~ Fcl " p e ,\
I
Alexandra J. Pannell
Assistant Executive Secretar
Rogers W. Cahot, Jr.
Chairman
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TOWN OF NANTUCKET
BOARD OF SELECTMEN
Town and County Building
Nantucket, MA 02554
Paul J. Hergendahl, II
Executil'e Secretary
(617) 228-6800
TOWN OF NANTUCKET
BOARD OF PUBLIC WORKS
SEWER SERVICE CONNECTION REGULATION
ADOPTED NJlY 1/ , 1988
.
I. INTRODUCTION
A. The purpose of this regulation is to establish a fair and equitable
method of connecting with the Town of Nantucket Sewer System.
B. Connection fees are to be assessed to recover a portion of
the costs of Sewer System improvements (MGL Chapter 83).
II. DEFINITIONS
A. In this regulation the following terms, unless a contrary meaning
is required by the context or is specifically described, shall
have the following meanings. The definitions of buildings and
dwellings shall be construed in accordance with the Zoning
Bylaw of Chapter 139 of the Code of the Town of Nantucket
which is incorporated herein by reference.
1. The Nantucket Sewer System: All structures, equipment,
and processes required to collect, transport and treat
the domestic and industrial wastewater on Nantucket Island.
2.
Dwelling:
(1) family
eating.
A structure used or intended to be used by one
or household for living, sleeping, cooking and
3. Dwelling Unit: A room or enclosed floor space within a
dwelling used by or forming a habitable unit for one (1)
family with facilities for living, sleeping, cooking and
eating. A dwelling may consist of one or more dwelling
units.
4. Accessory Apartment: For the purposes of this Regulation,
an approved Accessory Apartment as defined in the Zoning
Bylaws found in Chapter 139 of the Code of the Town of
Nantucket, shall not be considered to be a dwelling or
a dwelling unit.
5. Commercial Establishment: A structure, room, enclosed
floor space, or combination of the aforementioned used
in the course of providing professional, public and/or
private services.
BOARD OF SELECTMEN
TOWN OF NANTUCKET
6. Wastewater: The spent water of the community. From the
standpoint of source, it may be a combination of the liquid
and water-carried wastes from residences, commercial buildings,
industrial plants, and institutions.
7. Wastewater Facilities: The structures, equipment, and
processes required to collect, transport, and treat wastewater
and dispose of the effluent.
8. Substantially Complete: A structure shall be defined as
substantially complete as of the date of issuance of as
occupancy permit.
9. Availability of Nantucket Sewer System: The Nantucket
Sewer System will be deemed to be available to every property
within a sewered subdivision or which abuts a way served
by such sewers and such availability shall be (a), for
active existing sewers, as of the date of adoption of these
regulations and (b), for new sewers, as of the date on
which such new sewer line has been formally activated by
the Town for the collection and pumping of wastewater flow.
10. Existing Dwelling, Dwelling Unit, Public and/or Commercial
Establishment: Any such structure as defined in this regulation
which is substantially complete prior to the availability
of the Nantucket Sewer System.
11. New Dwelling, Dwelling Unit, Public and/or Commercial Establishment:
Any such structure as defined in this regulation which
is not substantially complete prior to the availability
of the Nantucket Sewer system.
12. Connection to Sewer: A connection shall exist where any
tie-in is made to the Nantucket Sewer System or appurtenance
thereof which may now or in the future have the potential
to contribute wastewater flow.
III. REQUIRED SEWER SERVICE CONNECTION; CONNECTION FEE ASSESSMENT
A. It shall be unlawful to construct or repair any privy,
privy vault septic tank, cesspool or other facility
intended or used for the disposal of wastewater on or for
the benefit of property to which the Nantucket Sewer System
is available.
B. An application, on forms prescribed by the Board of Health/Board
of Public Works, shall be made with respect to each sewer connection
required or permitted hereby. Each such application shall
be approved, approved subject to further conditions or denied
as the Board of Health/Board of Public Works shall determine.
C. Upon the approval of an application for a connection to the
Nantucket Sewer System a connection fee shall be due and payable
as set forth herein.
BOARD OF SELECTMEN
TOWN OF NANTUCKET
D. No person shall uncover, make any connections with or opening
into, use, alter, or disturb any part of the Nantucket Sewer
System or any appurtenance thereto unless an application therefor
has been made, approval granted, additional conditions complied
with and the connection fee paid, all in accordance with the
provisions hereof or unless authorized in writing by the Superintendent
of the Department of Public Works.
Any sewer connection made in violation of these regulations
shall be disconnected. All costs incurred by the Town in the
enforcement of this regulation, including disconnection and
reconnection costs, shall be assessed as an additional connection
fee. No reconnection will be allowed until all connection
and additional connection fees have been paid.
E. No person shall discharge into the Nantucket Sewer System any
substance which tends to interfere with the flow of sewerage
or the proper operation of the sewerage system or the treatment
and disposal works.
F. The Board of Health/Board of Public Works may impose a civil
penalty not to exceed five thousand dollars ($5,000.00) per
day for each violation of these regulations.
G. The Board of Health/Board of Public Works may grant exemptions
from these regulations.
IV. SEWER SERVICE CONNECTION FEES
The Nantucket Sewer System connection fees shall be as follows:
A. For any existing dwelling or existing dwelling unit, where
connection to the Nantucket Sewer System is made within five
(5) years of its availability, the sewer service connection
fee shall be five hundred dollars ($500.00) per dwelling or
dwelling unit.
B. For any existing dwelling or existing dwelling unit not connecting
to the Nantucket Sewer System within five (5) years of its
availability, the sewer service connection fee shall be two
thousand dollars ($2,000.00) per dwelling or dwelling unit.
C. For any new dwelling or new dwelling unit making connection
to the Nantucket Sewer System, the sewer service connection
fee shall be two thousand dollars ($2,000.00) per dwelling
or dwelling unit.
D. For all residential dwellings, dwelling units and commercial
establishments currently connected to the existing sewer system
and operating under an existing Nantucket sewer permit, no
sewer service connection fee will be assessed.
E. For all public and/or commercial establishments, the sewer
service connection fee shall be determined according to whether
BOARD OF SELECTMEN
TOWN OF NANTUCKET
the establishment is considered "wet" or "dry". The determination
of WET and DRY types of establishments will be made by the
Board of Health/Board of Public Works based on estimated
sewage contributions from such types of establishments. The
DRY establishments will be charged a connection fee calculated
as the square footage of the establishment times ten cents
($.10) per square foot, provided that the minimum connection
fee shall be Five Hundred Dollars ($500.00). The WET establishments
will be charged a connection fee calculated as the square footage
of the establishment times one dollar ($1.00) per square foot,
provided that the minimum connection fee shall be Two Thousand
Dollars ($2,000.00).
F. Where multiple dwellings or dwelling units exist on a single
property, a sewer service connection fee, as defined herein,
shall be assessed per dwelling or dwelling unit. This provision
shall include all second homes, dwellings converted to multiple
dwelling units, and all other multi-family dwellings on a single
property or lot.
V. REGULATION IN FORCE
A. This regulation shall be in full force and effect from and
after its passage, approval, recording, and publication as
provided by law.
B. Passed and adopted by the Board of Health/Board of Public Works
of the Town of Nantucket, Commonwealth of Massachusetts, on
the 1-t/L. day of fila;;,. ~'19J',? 7 //)/
May 11, 1988 ~
I, Joanne M. Ho1dgate, Clerk for the Town of \~--
Nantucket, hereby certify that the Nantucket
Board of Health adopted these Rules and Regu-
lations at a duly posted meeting held May 4,
1988.
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Approved as to Form:
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Attest: ~L -*. ~
./ (Town Clerk)
ifi!~(
l (Town ounsel) ,------.