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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.