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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 ,.....H..". ..,., ",_TUCK """ ......, . ...........l:" '. ~ 0 ... .... ." 'It_ l"l" .....?\ .-*.. ~ .IS': Ire: 111"" ~\Il. :... :::\.:::' --. .cr.::~. ""i': : \.... -;........~. .: . ! .. ~~...". I .. ~ 1,,'-.. ~~_../ ....; "" t'. ..... - ..- ~,l* ~ O<9~"'-""ft ~_, '..... O"Alt. ,;.~,., ........'" 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. ~ijjj-'~ ),. .d,/./~ ~~~. Ho{;g~rk Approved as to Form: u )"21' Q ~~ Attest: ~L -*. ~ ./ (Town Clerk) ifi!~( l (Town ounsel) ,------.