HomeMy WebLinkAbout1989-07-26
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BOARD OF HEALTH/BOARD OF PUBLIC WORKS
The Minutes of the Meeting of Wednesday, July 26, 1989 at 7:30 PM. The meeting
took place in the Selectmen's Hearing Room, Town & County Building, Nantucket,
MA 02554. All members of the Board were present. Chairman Nancy J. Sevrens
called the meeting to order at 7:31 PM.
Approval of the Minutes of June 21, 1989 at 7:30 PM: Mr. Viera moved approval
of the Minutes of June 21, 1989 at 7:30 PM; seconded by Ms. Coombs. So voted.
Reading of the Minutes was waived.
Public Hearing for an Amendment to the Sewer Service Connection Regulation
of the Town of Nantucket adopted on an Emergency Basis July 12, 1989: Mr.
iViera read the memo from Mr. Bourgoin regarding establishment of expiration
dates on sewer connection permits. Mr. Willett stated that a one year expiration
date for sewer permits, from the date of issuance, should be required. He said
it has also been endorsed by the Sewer Connection Allocation Policy Committee.
The suggested text of the Amendment to the Sewer Service Connection Regulation
of the Town of Nantucket was enclosed. Mr. Viera moved approval of the amendment;
seconded by Ms. Coombs. So voted (see attached copy). Mr. Viera moved approval
of the issuance of 42 outstanding permits, stating that the Board should instruct
Mr. Willett to issue permits in accordance with the June 6, 1989, Administrativ~
Order 782 permitting the issuance of those 42 permits, consistent with the phased
Idevelopment in effect by the Town of Nantucket; seconded by Mr. Ramos. So voted,
Request for Variance from 40,000 Square foot Minimum Lot Size for Sankaty View
Realty Trust: Mr. David Moretti introduced the applicant's consultant, Mr.
Robert Daylor, who would respond to any questions by the Board. Mr. Moretti
,explained that the applicant had made substantial financial commitments, thinking
that a sewer connection would be possible. Mr. Moretti further explained that
the applicant was asking for a variance due to manifest injustice due to a hardsfuip
of financial obligations. Mr. Moretti also stated that there was not a conflict]
with the spirit of the Code and that the lots are buildable until the arrival .
lof the DEQE order. The applicant also proposed fewer dwellings with a septic
'system. Mr. Moretti explained flow conditions, stating that the property does
percolate and is viable for septic use. Mr. Daylor, a professional engineer,
stated that the issue was whether there was a water threat or public health
threat. Mr. Daylor stated that the designs comply with Title V and that the
lissue was "threat vs injustice". Percolation rates were explained. Mr. Daylor
I' said the local groundwater flow is toward the southeast away from Siasconset
and would not be considered a public health risk to residents downstream; he
I said the nitrate concentration is minimal given the surrounding space. Soil
conditions are sandy, generating a moderate perce He stated there is a minimal
amount of general degradation in the water table and the variance should be
granted. Ms. Coombs questioned when the land was purchased. Mr. Richard Glidde~
stated that the land was purchased in January of 1988, and was prepared to connedt
into the sewer. Town Counsel Paul DeRensis suggested speaking with Mr. Glidden I
and his attorney to resolve this matter. Mr. Daylor stated the total of nine .
septic systems do not pose a threat to the groundwater. Mr. Viera questioned .
hether Mr. Daylor agreed with the Perkins-Jordan report. Mr. Daylor explained :
that the report was general, and that its conclusions are reasonable and conserv4tiv
IMr. Peter Fenn, representing the Land Council and Civic Association, stated !
that the present condition of the water in Siasconset was good and wanted assura4ce
!that it would continue to remain that way. Mr. Fenn also stated that he disagre~s
~ith the manifest injustice claim. Mr. Scott Horsley, representing the Land .
ICouncil, e~plained well recharge, aquifer zones, as well as health regulations.
,IMr. Viera inquired about Mr. Horsley's credentials. Mr. Horsley stated that
he received a B.A. in biology, worked with the EPA and had 13 years experience I
lin groundwater delineation protection. Mr. DeRensis stated that he felt fairly
,confident that the sewer connection would be permitted for Mr. Glidden's develop~ent
Mithin 30 to 90 days. Mr. Ramos suggested that Mr. DeRensis meet with Mr. Moret~i
and Mr. Glidden concerning this matter. Mr. Glidden stated that he would not I
report due to the fact that it is a blanket regulation for the entire island I
nd each site should be analyzed on an area by area basis. Mr. DeRensis stated !
that the regulation is valid and a finding of manifest injustice is necessary i
,to grant a variance. Mr. Viera stated his concern for the issue of the integritj
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Minutes of the Meeting of Wednesday, July 26, 1989 at 7:30 PM
Page II
of the drinking water. Mr. Viera moved denying the varience request, and stated
that the hook up to the sewer should be done immediately. Mr. McLaughlin stated
that he had not read the necessary material and would like to postpone this
I matter until the second week of September. Mr. DeRensis stated that he and
the Board are working hard to provide sewerage capacity and need more time.
Mr. Fenn stated that hardship is not manifest injustice and Mr. Glidden should
not be placed ahead of any other case. Ms. Coombs seconded the motion. Mr.
Moretti stated that this case is not above federal standards regarding nitrates,
that the water quality will not be degraded and variances have been granted
to this regulation previously on cluster subdivisions. Mr. Viera stated that
the Board should send a letter of support for Mr. Glidden for immediate hook
up. Mr. Bourgoin stated that it is not appropriate to single out one person.
So voted; four votes in favor including the Chairman, with Mr. Ramos abstaining.,
The Board called for a recess at 9:00 PM while the room emptied.
The Board of Health Meeting, July 26, 1989 at 7:30 PM resumed at 9:16 PM.
Mr. Ramos abstained from the following discussion and left the room at 9:20
PM.
Request for Temporary Housing Permit: Mr. Viera read the memo from Peter Arneson,
Superintendent, Westcott Construction Corporation, requesting an exemption
for a mobile home. Mr. Richard Ray requested that the Town of Nantucket allow
a temporary exemption for a 37 foot mobile home to be used by the Westcott
Construction Corporation's assistant superintendent during the construction
of the Wastewater Treatment Facility with the following stipulations: 1) ingrou9d
septic be installed, connected to the trailer and, 2) potable water be utilized'
on-site. Mr. Viera moved denial of this request, stating that there is adequate
'housing on the Island. Mr. Bourgoin explained that the reason for the on-site
mobile home is partially for protection purposes of the site. Mr. Viera stated
I' that this was not a hardship situation and that the alternative of an office
trailer for a night watchman should be considered. Seconded by Ms. Coombs.
,!Mr. McLaughlin opposed. Chairman Sevrens was in favor. So voted; 3-1.
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Request to Adopt Town Sanitary Code - Minimum Sanitation Standards for Food I[
Establishments: Health Inspector Ray stated that the State Code for food establish
Iments should be adopted as the Town's local code for food establishments. Mr. ,
McLaughlin moved to table the issue for one
regulations already apply to Nantucket, but
a local code. Mr. DeRensis stated that this
the Board of Health to fine establishments.
seconded by Ms. Coombs. So voted.
week. Mr. Ray stated that the
the issue was enforcing them as
would be more efficient, permitting
Mr. Ramos moved for acceptance;
IMr. McLaughlin moved cancelling the hearing regarding the proposed amendment
to the 40,000 square feet minimum lot size to limit gpd to 440. Seconded by
JMS. Coombs. So voted.
iMr. McLaughlin demanded a public apology from Mr. Angelastro for disparaging
Iremarks made to him in the hallway.
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IIThere being no further business before the Board, the Board voted unanimously
I to adjourn at 10:57 PM to reopen as the Board of Selectmen.
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I, Submitted for review the J l day of September, 1989.
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Approved
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Lee ;o~r-;~~n /) ~,
Executlve Searetary
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theJ7J;:y of September, 1989.
BOARD OF SELECTMEN
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AMENDMENT TO THE SEWER SERVICE CONNECTION
REGULATION OF THE TOWN OF NANTUCKET
TOWN OF NANTUCKET
Nancy J. Sevrens
Chairman
Town and County Building
Nantucket, MA 02554
Lee Bourgoin
Executive Secretary
(508) 228-7255
The Board of Health/Board of Public Works of the Town of Nantucket, acting as
and for the Sewer Commissioners of the Town of Nantucket, hereby amend the Sewer
Service Connection Regulation of the Town of Nantucket, adopted May 4, 1988 and
amended January 18, 1989 pursuant to Chapter 83 of the General Laws. This amendment
is the insertion of Article IlIA after the existing Article III as follows:
"IlIA. PERMITS
"A. Action on application. The Superintendent of the Department of Public
Works shall examine or cause to be examined all applications for permits and
amendments thereto within thirty (30) days after filing. If the application
does not conform to applicable sewer regulations and pertinent laws, he shall
reject such application in writing. If he is satisfied that the proposed work
conforms to the regulations and pertinent laws applicable thereto, he shall issue
a permit. If the applicant receives no written answer within such 30 days, the
permit shall be deemed denied.
"B. Report to Building Department. The Superintendent of the Department of
Public Works shall give to the Building Department of the municipality a copy
of each permit issued within thirty (30) days of issuance. Such notice shall
state the name of the person to whom the permit was granted and the location
of the property (assessor's map and parcel number).
"C. Expiration of permit. Any permit issued shall be deemed abandoned and
invalid unless a building permit has been issued for the property within twelve
(12) months after its issuance. This permit may be extended for periods not
exceeding six (6) months each, but only to the same extent as the related building
permit is extended, as may be determined in writing by the Superintendent of
the Department of Public Works, with a fifty dollar ($50.00) renewal fee charged
for any such extension of time."
This amendment to the regulation shall be in full force
after its passage, approval, recording, and publication
Except as amended by the addition of said Article IlIA,
the Regulation remain unchanged and continue in effect.
and effect from and
as provided by law.
all other sections of
Passed and adopted by the Board of Health/Board
of Nantucket, Commonwealth of Massachusetts
Town
1989.