HomeMy WebLinkAbout1996-03-31
NANTUCKET HEALTH DEPARTMENT
BOARD OF HEALTH MEETING
JANUARY 31,1996
jOw RECEIVED
NAN~u~~~RK'S OFFICE
T, MA 02554
MAY'OB 1996
TIME:
1.
Old Business:
CLERK:
--
---
Approval of Minutes
1. October 25, 1995
2. November 29, 1995
3. December 20, 1995
APPROVED
APPROVED
APPROVED
2. New Business:
A.) Variance Request for Squam Associates (0013/004.2)
Property located at 85 Squam Road, seeks a variance from the
100 foot setback from Wetlands boundary, with 87 foot separation. Proposed
four bedroom dwelling will require a variance from the 330 gallon limitation,
and will use a FAST system to reduce the nitrogen in waste water.
Health Officer Ray recommends the granting of this variance.
Pam Killen wishes to point out that she is please to see the proposed use of
Alternative Systems; H. O. Ray states that this may not be an advantage for
Nantucket, since use may allow future building on what is now considered an
undersized lot.
APPROVED.
B). BEACHSIDE requests Approval to Approach the MA State
Board of Plumbing Examiners for a variance from the Handicapped Facilities
code.
Health Officer Ray recommends that permission to approach be
granted. Health Officer Ray further recommended that the Health Officers
letter of support for the granting of the requested variance be included with
the permission.
APPROVED.
3. CONCERNS FOR THE BOARD OF HEALTH
Cheryl Bartlett asks who is responsible for the clean up of insulation drifting
around from a moved house on Cliff Rd. Health Officer Ray said that the
Department to look into the "responsible party" question according to the
Codes of both departments. .
83 Burnell Street (0049.3.2/0001.3)
T. Tillotson seeking a variance from the 40,000 S.F. lot requirements,
for a lot originally 62,000 S.F. that has been approved for a subdivision into
two 31,000 S.F. lots.
The original 62,000 S.F. lot received approval for two septic systems which
would serve a five and four bedroom dwelling respectively. By subdividing
the lot, and thereby creating two 31, 000 S.F. lots, the lots would violate the
"40,000 S.F. minimum" regulations. THE HEALTH OFFICER
RECOMMENDS DENIAL OF GRANTING THIS VARIANCE, as granting
would set a precedent that may cause other property owners to subdivide
their lots, and create many more undersized buildable lots WHICH DO NOT
MEET THE REGULATIONS AND THEREFORE POSE A THREAT TO
GROUNDWATER PROTECTION. (Jack Gardner and Pam Killen agree)
A. Desrocher states that he would vote against the recommendation.
Tillotson and Daume argue that the subdivision does not change the
configuration of the systems that already exist in the ground. And that it was
never the intention to circumvent the regulations, only a misunderstanding or
ignorance about the regulations, that has lead to this situation.
Lynne Zimmerman, J ,and Bank, states that the regulations have been in place
since 1984, and the permit to install the septic systems was issued in 1995; it
would be unfair to grant this variance after ten-plus years have passed since
the regulations were adopted, and in that ten year period all other property
owners have complied.
Health Officer states that the subdivision hasn't been registered yet, so this is
not a "hardship" on the owner--and the decision reached here tonight will
affect the validity and enforceability of the 40,000 S.F. regs.
Tim Soverino asked about Alternative Systems and de-nitrification, if this
would alleviate the concerns of the two systems. Health Officer Ray states
that the overall concern is about the integrity of the whole "40,000 S.F. Reg"
"
and Pam Killen wants to know if there are regs addressing Alternative
Systems. Tillotson says there would need to be numerous 80,000 S.F. lots
with two systems installed for this situation to arise again. Pam Killen says
there was more than 10 years for the owner to get the info about the regs and
that setting a precedent raises concerns. Tim Soverino wants to know if the
Health Officer would recommend the variance if the systems were limited to
1 bedroom per 10,000 S.F. on the two lots.
Health Officer Ray recommends to DENY this variance. The
recommendation is based on the overall enforcement of the 40,000 S.F. Regs.
Should the BOH grant this variance, Health Officer advises that the 1
bedroom per 10,000 S.F. guideline be followed, but does not want this
suggestion to be viewed as an "approval" of any kind.
Jack Gardner asks Mr. Daume how he has ordered the modular house without
having obtained a Building Permit??? (Daume acknowledges that the house
hasn't actually been ordered yet.)
A MOTION TO DENY THE VARIANCE IS MADE AND SECONDED.
MOTION IS CARRIED WITH FOUR TO ONE VOTE. A. DESROCHER
VOTING AGAINST THE MOTION.t
meeting adjourned.