HomeMy WebLinkAbout1990-07-18
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BOARD OF HEALTH/BOARD OF PUBLIC WORKS
The Minutes of the Meeting of July 18, 1990 at 7: 30 PM. The
Meeting was held in the Court Room, Town and County Building,
Nantucket, MA 02554. All members of the Board were present.
Chairman Grossman called the meeting to order at 7:30 PM.
Approval of the Minutes of Julv 12. 1990 at 7:30 PM.
moved approval; seconded by Mr. Borchert. So voted.
the minutes was waived.
Ms. Coombs
Reading of
Addition to Board of Health Requlations: Explanation. Mr.
Borchert explained the intent of Board of Health Regulations
62.00 through 66.00 adopted by the Board on July 12, 1990,
stating that leach facilities will be prevented from being
placed upstream of wells. Mr. Borchert stated that for smaller
lots which cannot meet the regulations, a variance procedure
would be implemented, with the understanding that these lots
would at least have to meet the specifications of title 5.
There was concern from the public that variances would not be
guaranteed and that in fact very few variances had been granted
by the Board under the Madaket regulations. Chairman Grossman
stated that a committee should be formed to make recommendations
wi th respect to a procedure on standards for reI ief . Mr.
Borchert said that over half of the current lots can meet the
regulations and that relief would be granted for those that
could not. Mr. Borchert discussed the basis for the regulations
in terms of groundwater movement and temperature and described
the areas of the island to which the regulations do not apply.
Attorney Kevin Dale stated that there was no assurance that
variances would be granted when there is a different Board or
different Health Inspector serving. Members of the public
agreed that the procedure for relief should not be implemented
after the fact, but rather as a part of the regulations; the
general feeling was that the regulations were adopted in a
rushed fashion when there was no real emergency groundwater
si tuation at the current time. Mr. viera stated that his
concern was for the individual lot owner wishing to build. Ms.
Lucille Jordan asked why the Town did not initiate an
independent study, rather than depending on the Horsley witten
Hegeman study sponsored by the Land Council. Mr. Bruce Poor
stated that these regulations will be the cause of many
lawsuits against the Town. After more discussion, Mr. Bourgoin
pointed out that the regulations do not take effect until they
are published in the newspaper. Mr. Viera moved to hold off on
the publication. Mr. Richard Glidden asked who reviewed the
regulations as an expert for the Town. Chairman Grossman said
they had been reviewed by Selectman Borchert as well as
Professor Donald Harleman. Ms. Coombs seconded Mr. Viera's
motion. Mrs. Sevrens and Mr. Borchert voted in opposition to
the motion. Chairman Grossman voted in opposition to the
motion. The motion did not carry, three votes to two.
There ensued a heated discussion with members of the public
suggesting that these regulations were in fact back-door zoning
and pushed through by the Land Council. The general consensus
of the assembled public was to strongly urge the Board to
reconsider its vote, by holding off on publication of the
regulations. After more discussion, Mr. Borchert moved to
hold off on the publication of BOH regulations 62.00 through
66.00 and to establish a committee to recommend a standard
relief procedure for pre-existing situations to be adopted as an
amendment to the current regulations to be presented to the
Board within one month's time at a Public Hearing. Seconded by
Ms. Coombs. So voted.
Chairman Grossman suggested appointing Mr. Bruce Poor, Mr.
, Robert Leichter, Mr. Borchert, and Health Inspector Richard Ray
I as some members of the committee. The Board generally decided
!I to request that interested individuals submit their names to be
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Minutes of the Meeting of July 18, 1990 at 7:30 PM.
Page II
appointed no later than at next week's meeting.
The Board recessed the meeting at 8: 55 PM and reconvened the
meeting at 9: 05 PM in the Selectmen's Hearing Room with all
members present except Mrs. Sevrens.
Discussion of Cost Estimates for Maintenance of Nobadeer Avenue
and Intersection of the Boulevard. Lovers Lane and Pochick. Ms.
Coombs read the memo from DPW Superintendent Jeff willett dated
I July 17, 1990 regarding Nobadeer Avenue estimating the cost for
I a one-time repair to be $3,000 to $5,000. Chairman Grossman
I noted that a petition had been received over 50% of the lineal
I footage of a section of Nobadeer Avenue requesting the Town to
undertake temporary repairs to this private way. Mr. Viera
moved to request Mr. Smarg to remove the barricade at his own
expense which was erected by himself on Nobadeer Ave. within one
week and if he does not comply, to authorize the DPW to remove
it, subject to receiving a determination from Town Counsel that
the Town has a legal right to take this action. Seconded by Ms.
Coombs. So voted.
Mrs. Sevrens entered the meeting at 9:12 PM.
Mr. Viera moved to authorize the DPW to repair the specified
section of Nobadeer Ave. one time for an amount not to exceed
$ 5, 000. Seconded by Mrs. Sevrens. So voted. Mr. Borchert
suggested charging the abutters from 10% to 50% of the cost if
the Town decided to grade the road on an ongoing basis.
Ms. Coombs read the memo from DPW Superintendent Jeff Willett
dated July 17, 1990 regarding the intersection of the Boulevard,
estimating repairs to the catch basins there to cost $15,000.
Mr. Borchert asked if a petition from the abutters requesting
repairs had been received. Mr. William Toner said he could have
the petition in tomorrow. Mr. Borchert asked if there were
funds available for this. Mr. Willett said yes, but the DPW
might not be able to fund paving of some roads at a future date.
Mr. Borchert moved to repair the catch basins at the
intersection of the Boulevard, Lover's Lane and Pochick for an
amount not to exceed $15,000, subject to receiving a properly
submitted petition requesting this action from the abutters and
to assess 10% of the repair cost to the abutters. Seconded by
Mr. Viera. So voted.
Ms. Gayle Murray stated that she was one of the abutters and was
willing to gift her part of the road to the Town.
There was a brief discussion about Windy Way which Ron DaSilva
said was a private road in need of repair. Chairman Grossman
stated that a list of private roads prioritized by the roads
most traveled by the public was needed for consideration in
possible takings.
Packaqinq Review Committee Recommendation. Ms. Coombs read the
letter from the committee dated July 17, 1990 recommending that
an exemption be granted from the Biodegradable Packaging
Regulation #71.00 for Something Natural for plastic wrapping to
package made-to-order sandwiches. Mr. Bruce Perry said that
paper wrapping was attempted but it slowed down the operations
and the person who was wrapping could not see what the
sandwiches contained and it caused a public safety issue with
cars backing up. On the recommendation of the committee, Mr.
Borchert moved to exempt from the regulation plasic wrap for
Something Natural for made to order sandwiches. Seconded
reluctantly by Mrs. Sevrens. So voted.
Minutes of the Meeting of July 18, 1990 at 7:30 PM.
Page III.
There was a discussion of a possible appeals process for the
Landfill User Fees which were due July 31, 1990. Director of
Municipal Finance Walter Lindberg stated that complaints
received comprise less than 1% of the 6200 bills sent out. Mr.
Viera suggested extending the due date for these bills until an
appeals procedure is implemented. The Board requested that the
Finance Department and the DPW recommend a proposed appeals
procedure to the Board. Mr. Lindberg stated he would return
prior to July 31, 1990 with a recommendation. Ms. Coombs
requested that a fee structure for leased property and tax-
exempt property be researched.
There being no further business before the Board, the Board
voted unanimously to adjourn at 9: 45 PM to reconvene as the
Board of Selectmen.
':1~ S~
s;tmitte, d ~or r" v/ew the J I day of ~u 1990.
~d)ib~~ ) , L/tJ0'~
Rebecca J. Lohmann
Assistant Executive Secretary
Approved the I~f day of August 1990.