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BOARD OF HEALTH
Minutes of the Meeting of 26 June 1991 at 7:30 PM. The meeting took
place in the Selectmen's Hearing Room, Town Building, Nantucket,
MA 02554. Members of the Board present were: Chairman Diane Coombs,
Bernard Grossman, Nancy Sevrens, Carl Borchert and Wayne Holmes
Chairman Coombs called the meeting to order at 8:05 PM, following
a meeting of the County Commissioners.
Approval of Minutes of 5 June 1991 at 7:30 PM. Mrs. Sevrens moved
approval, with the reading to be waived; seconded by Mr. Holmes.
So voted.
Variance Request from section 50.02 of Madaket Requlations for Mr.
Norman Brooks on H Street. Mrs. Sevrens read a letter from Health
Officer Richard Ray recommending denial of the variance request.
Mrs. Sevrens noted that a letter in support of the variance had
been received from Ms. Lee Armese. Mr. Ted Tillotson, attorney for
the applicant spoke on behalf of the request and explained that the
applicant was requesting a variance so that a septic system could
be installed closer to the well than is allowed by Board of Health
regulations, as the lots lines are such that the required distance
cannot be maintained. Mr. Tillotson stated that a septic system
plan had previously been approved by the Health Officer, but a
building permit had been denied by the Building Commissioner
because the only other way the septic system could be installed in
accordance with the Board of Health regulations would be to place
it in an adj acent paper road and this was against the state
building code. Mr. Tillotson added that rather than request that
the well be placed in the road, the applicant was requesting a
variance. Mr. Ray stated that he would not now honor the permit for
the septic system plan due to an apparent discrepancy in the plans
now being presented. Discussion ensued on water flow in Madaket.
Mr. Holmes stated that he was in favor of granting the variance
rather than allowing the placement of a septic system in the road.
Mr. Ray stated that in his opinion, granting the variance would set
an undesirable precedent for development of undersized lots in
Madaket. Mr. Randy Sharp, a neighbor to Mr. Brooks, spoke in favor
of the variance. Discussion followed on the location of the
leaching field on Mr. Brooks' property. Mr. Holmes moved approval
to allow the use of the existing well with the septic system to be
installed within no more than 125 feet from the well. Mr. Grossman
asked if Mr. Holmes objected to 137 feet, rather than 125 feet. Mr.
Holmes stated that he did not object to that, and so amended his
motion. The motion was seconded by Mr. Grossman. Mr. Ray stated
that he felt he could not condone this action and also felt that
an desirable precedent would be set by it. Mrs. Nancy Chase spoke
in support of the motion. Mr. Chris Lewis, of the Madaket
Conservation Association, also spoke in support. Mr. Borchert
commented that the Health Officer's recommendation should be
supported. A vote was then taken, with Mr. Grossman, Mr. Holmes and
Mrs. Sevrens in favor. So voted. Mr. Borchert was opposed. Mrs.
Sevrens stated that her affirmative vote was a reluctant one and
she would not be willing to vote favorably on any other variances
like this.
variance Request from section 15.03 of Title V for Mr. John Kessler
at 19 Wanoma Way, Tom Nevers. Mrs. Sevrens read a letter from the
Health Officer recommending approval of the variance. Mr. Holmes
moved approval as recommended in Mr. Ray's letter of June 24, 1991;
seconded by Mr. Grossman. So voted.
Request to Schedule Viewing and Hearinq Date of a Public Nuisance
at 121 Madaket Road. Mrs. Sevrens read a letter from the Health
Office requesting the scheduling of the required viewing and
hearing date for the public nuisance, which was the placement of
a certain manure pile. Mr. Ray explained that according to
Massachusetts General Law, the viewing and hearing must be held
when such complaints are officially received. Mr. Holmes abstained
from the discussion and vote. The Board was in agreement that a
hearing be held on July 10, 1991 and that Board members would
accompany Mr. Ray to the site at their individual convenience.
Minutes of the Meeting of 26 June 1991 at 7:30 PM.
Page II.
Request to Schedule Hearing Date for State Sanitary Code Violation
at 68!-, Union Street. Mr. Ray explained that he had received a
complaint of overcrowding at the premises which he investigated and
found to be accurate. He had then issued an Order of Correction
which was now being appealed by the property owner, Ellen
Morrissey. The Board was in agreement that the hearing for the
appeal be held on July 10, 1991.
There being no further business before the Board, the meeting was
unanimously adjourned at 9:00 PM.
Submitted for review the 29th day of August.
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C. Elizabeth Ranney
Asst. Executive Secretary
Approved the I jf!:J day of September,
1991.