HomeMy WebLinkAbout1989-07-05
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BOARD OF HEALTH/BOARD OF PUBLIC WORKS
The Minutes of the meeting of July 5, 1989, at 7:30 PM. The meeting took place
in the Board of Selectmen's Hearing Room, Town and County Building, Nantucket,
MA 02554. All members of the Board were present. Chairman Sevrens called the
meeting to order at 7:34 PM.
!~equest for Variance from 40,000 Square foot Minimum Lot Size for Sankaty View
~ealty Trust: David G. Moretti representing Richard Glidden introduced the
,1ourt stenographer. Mr. Viera read the letter from Richard Glidden dated June
, 6, 1989 requesting a variance from the 40,000 sq. ft. minimum lot size Board
?f Health regulation. Mr. Viera read the recommendation for denial of the request
ifrom Richard Ray dated June 26, 1989 which stated that a) Scientific evidence
Ifffered by the Perkins Jordan Report of 1963 assumes a potential for ground
!fater contamination by nitrates and pathogens if septic systems are constructed
iQn lots of less than 40,000 feet; and b)A variance of this nature with these
Il'r,'egulations would open the gates for small lot development (sewer unavailable;
$eptic systems installed), and render present 40,000 sq.ft.regulation moot. I
*r. Ray added a third reason further stating that the subdivision lies partially i
'Iifver Siasconset groundwater recharge zone. Mr. Moretti stated that he had receivbd
,the letter of June 26th, 1989, from Mr. Ray to Chairman Sevrens recommending !
I he denial of the request for a variance. He stated that none of the land contained
I n the subdivision is within the aquifer protection district and maintained
I he request for the variance from the Board of Health regulating the 40,000
I q. ft. minimum lot size for septic systems. He stated the proposal was in
I ull compliance with State requirements for septic sewer systems, limiting the
I
I umber of bedrooms, and servicing systems for town water. Mr. Moretti suggested
hat the Board examine the regulation which, presently is not directed at specifi
Issues, and added that the proposed sewer connection is prohibited under present
ewer moratorium. He explained the proposed 9 acre subdivision site and the
oning requirements. He stated that there would be a change in the original
equest and now the variance request will be limited to lots 5-9 and 16-19,
hese lots being outside the aquifer position zone. He stated application for
odification to the Planning Board Specifications for the remaining lots 10,11,14
nd 15 would be made. He stated that the state imposed rules in Administrative
rder No. 782 prohibiting sewer connections constituted manifest injustice and
ot the fault of Mr. Glidden. Mr. Moretti stated that it is within the Board's
ower to fashion a reasonable solution, although the Town has set higher standard
han the minimum in the State regulations. He argued that the owner proceeded
lased on 20,000 sq. ft. lots and availability of sewer connections and that
teptiC use is better for the aquifer due to fewer bedrooms and gallons proposed.
r. McLaughlin asked if there was documentation for the 40,000 sq. ft. regulation
r. Ray stated that engineering firms, and planners had researched this and
I he Board had adopted the regulation. Mr. Ramos asked what the difference in
~. allons contained in proposal between septic and sewer systems. Mr. Moretti
tated it would be 11,250 gallons per day with the sewer system. Mr. Ramos
sked if this reduced the size of the project; Mr. Mortetti said the proposed
eptic system would reduce the gallonage almost by half. Mr. Ramos asked if
~' here was a more up-to-date report than the Perkins-Jordan '63 report. Mr.
, ay, Health Inspector, stated that there was, and Mr. Ramos stated that more
I nformation was necessary. Chairman Sevrens asked if the applicant was proposing
i elling lots with restrictions on bedrooms. Mr. Glidden stated the lots in
I he aquifer recharge district would have restrictions on bedrooms and he would
I'ell lots with restrictions. Mr. Moretti stated that a condition of the variance
ould be that there could be restrictions on lots which do not need variances.
s. Coombs asked if there was the same amount of gallonage with septic and sewer !
ystems. Mr. Moretti stated that there was less gallonage with the septic system.
s. Coombs asked if the Perkins-Jordan study recommended 50,000 sq. ft. and
, he Town reduced it to 40,000 sq. ft. Mr. Ray said this was correct. Ms.
~oombs stated that groundwater is the point not the number of bedrooms. Mr.
~ay stated that percolation tests had not been conducted yet. Mr. Glidden
dded that the soil was sandy in the area. Mr. Moretti stated that the proposal
or the septic systems would be around 50 bedrooms, near half of what would
e going into the sewer systems. Mr. Viera asked if the sewer application with
he state had been signed. Mr. Moretti stated that the Department of Public
orks had signed the application. Mr. Ray stated that the Department of Public
orks had not signed the application, but that it had been sent to the State
EQE. Mr. Willet stated that no applications had been approved by the State
'ecently for any Sewer Connection permits.
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Minutes of the Meeting of July 5, 1989 at 7:30 PM
Page II
Mr. Viera asked for information supporting non-detriment of ground water based
on percolation tests and leach systems. Mr. Moretti stated that these tests
could be conducted and the results be made available to the Board. He stated
that the predominently sandy soil would percolate and would comply with state
regulations on septics. He stated that Title 5 would be complied with and
there is no evidence that Nantucket soils have peculiar characteristics needing
specific regulations. Mr. Moretti stated that the 40,000 square foot minimum
lot size is unreasonable with no rational nexus to the community. Mr. Viera
$tated that ground water is important and additional data is necessary on traveling
nitrates. Mr. Moretti asked if Mr. Ray had approved any variance requests like
this one before. Mr. Ray answered that he would have to look into his records;
he added that even septic systems located outside the aquifer recharge zone
will affect the district. Mr. Ray stated that the 40,000 sq. ft. minimum lot
fize regulation was a good regulation. Ms. Coombs stated that due to the fact
that the Administrative Order was state imposed the regulation should not be
,
fhanged to accomodate one individual, even if Mr. Glidden was adversely affected.
She stated that more information is necessary. Mr. Moretti responding to Mr.
~ay stated that he was under the assumption that the Town had done research
.tnto aquifer recharge zones. Mr. Ramos stated that Mr. Glidden seemed to be
!filling to compromise on a plan. There was a discussion of gallonage and number
i~f bedrooms. Mr. Ramos asked if this proposal might not be the lesser of two
I~ViIS because of less discharge into ground. Mr. Moretti stated that the discharge
,tould be almost half if there were fewer bedrooms. Mr. Moretti stated that
Ie thought the dispersion of effluent is better if divided with not so many
, edrooms in one house. Mr. Viera asked if the first year they would only build
I~n one lot. Mr. Glidden stated that it would take ten years to build the entire
$ubdivision.
'linda Holland, Director of Land Council, stated that the Board of Health has
I he right to make local regulations tighter than Title 5, and cited a study
i ecommending 3 people per acre to prevent nitrate intrusion. She stated the
! erkins-Jordan study recommended 3 people per 50,000 sq. ft. minimum lot size
I*nd, on the Cape, recommended 60,000 to 80,000 sq. ft. The Planning Commission
!recent IEP Study said Perkins-Jordan recommended 40,000 sq. ft. minimum is alright
!outside the aquifer recharge zone, but inside the zone 50,000 sq. ft. is
[tecommended. Ms. Holland stated regarding the assertion of manifest injustice,
'this has not been proven, since all developers are being treated equally by
Ithe Administrative Order; she added that there has been no study to prove that
the project will not be detrimental to the ground water and that the present
tegUlation is important to the well-being of the entire island. She stated
he Board should not panic and undermine the existing regulation. Mr. Viera
5eE~~ Sha&rtH8vts~~~R~-f8fd~~prb~~~a~RoM~8uRt o~a~i~RdatlHg~oshaadta~gata~cision
I t a later date. Mr. Ramos agreed, adding that the IEP study should be looked
I t more closely.
'I' ean Crapsey, President of Siasconset Civic Association, stated that growth
hould be based on zoning and the primary goal is pure water.
I r. Moretti stated that the project has been on hold since Feb., 1988 and the
I EQE found fault with the Town, not the developer; he claimed manifest injustice
o his client. Mr. Ramos asked if Mr. Moretti would like a vote for denial
liS opposed to continuing the hearing. Mr. Moretti responded no. Mr. Tillotson
I sked if the hearing was closed without receiving further information. Mr.
I ourgoin recommended a specific date be set for the hearing and also, to accept
urther information. Mr. Viera moved to set a hearing date for July 19th, 1989
t 7:30 PM and to accept new information to be brought forward. Ms. Coombs
I$econded the motion. So voted. Mr. Moretti requested any additional information
!Ifrom the Land Council be made available to him no later than 48 hrs. before
the hearing. The Board of Health generally agreed and asked Mr. Moretti to
110 the same in supplying information to the Land Council.
e uest for A roval of Se tic S stem for 6 lot Subdivision off Pocomo Road:
r. Viera read a memo from Health Inspector Richard L. Ray, which stated: all
ots are acceptable for septic system use; septic systems shall be placed a
aximum distance from all wetlands as per Town of Nantucket Board of Health
eptic System Regulation. After a brief discussion of the zoning requirements,
r. McLaughlin moved to table the request for one week. Seconded by Mr. Viera.
o voted.
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Minutes of the Meeting of July 5, 1989 at 7:30 PM.
Page III.
Disposal of Sewage from Nantucket Boat Basin. Chairman Sevrens abstained from
this discussion and left the meeting at 8:44 PM. Mr. Viera took the chair.
Ms. Coombs read the memo from DPW Superintendent Jeff Willett dated July 2,
1989 recommending that discharge be allowed subject to certain restrictions
and the pumpouts be limited to the previous level. Mr. Willett stated that
\ First Winthrop Corporation was agreeable to his recommendations as outlined
in the memo. After a brief discussion regarding holding capacity of the Yorktowp
land the Nantucket Clipper ships, Ms. Coombs moved accepting Mr. Willett's recom-
mendations of restrictions on discharge and pump-outs for the Nantucket Boat
Basin as outlined in his memo of July 2, 1989; seconded by Mr. Ramos. So voted,
unanimously.
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IChairman Sevrens returned to the meeting at 8:53 PM.
Discussion of Biodegradable Packaging Bylaw. Mr. Viera read the current bylaw
and the minutes at the Town Meeting at which it was adopted. Mr. Viera read
a letter dated June 28, 1989 from Wayne Holmes objecting to the immediate imple-
imentation of the bylaw. Chairman Sevrens stated that the bylaw had already
taken into consideration the problem of using up supplies ordered prior to the
Town Meeting vote; she felt that the fast food vendors had fair warning. Mr.
I Viera stated that if these vendors could provide documentation that they had i
[ordered supplies prior to the Town Meeting vote, then they should be exempted 1
ifrom the bylaw. Ms. Linda Holland stated that the Land Council had sent notificition
to all store owners of the soon-to-be implementated bylaw. She stated, however,!
that other communities exempt individuals who can prove their supplies pre-date !
the bylaw. Mr. Ramos stated there was a problem with new stores who try to
open on Nantucket and are unaware of the bylaw. Ms. Coombs stated it was the
responsibility of these individuals to know local laws. Mr. Bourgoin stated
it was better to enforce the bylaw without exceptions since Town Meeting is
the authority to create bylaws. Mr. Ray stated this matter should better be
discussed under Board of Selectmen. Mr. Viera moved exempting those fast food
,vendors who are able to document that they ordered non-biodegradable supplies
Iprior to the May 17, 1988 Town Meeting vote, from the Biodegradable Packaging
ilBylaw until December 31, 1989 at which time these individuals must also fully
comply with the bylaw. A discussion ensued as to what is defined as biodegradab e
material. Seconded by Ms. Coombs. Mr. Ramos and Mr. McLaughlin opposed the
otion. Chairman Sevrens voted in favor of the motion. So voted, 3 votes to
2.
r. Bourgoin stated the Town must to careful to avoid restraint of trade.
e uest for Rea ointment: Health Ins ector. Mr. Viera read Mr. Richard Ray's
emo requesting reappointment for a three-year term as Health Inspector. Mr.
I~iera moved to reappoint Mr. Ray Health Inspector for a three-year term to end
rune 30, 1992. Seconded by Mr. McLaughlin. So voted, unanimously.
~here being no further business before the Board of Health/Board of Public Works
~he Board voted unanimously to adjourn at 9:22 PM to reopen as the Board of
felectmen.
I ubmitted for review the 7D~ay of August 1989.
I '~~~~
~pproved the/~ day of 1989.
~~ ~
Lee BOUrg~
Executive Secretary