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HomeMy WebLinkAbout2009-3-25^J N BOARD OF HEALTH TOWN OF NANTUCKET MINUTES — MARCH 25, 2009 NANTUCKET SUPERIOR COURTROOM MEMBERS PRESENT: Chairman Kopko, Ms. Roggeveen, Mr. Chadwick, Mr. Atherton and Mr. Reinhard MEMBERS ABSENT: None Chairman Kopko opens the Board of Health at 6:00 p.m. Chairman Kopko asks for any questions /concerns from the public. None noted. AGENDA The minutes from the February 25, 2009 and March 4, 2009 BOH are approved unanimously. Chairman Kopko opens the Public Hearing relative to Regulation 67.05. HO Ray states that the amendment to 67.05 — penalties of local regulation 67.00, miscellaneous provision, intended to allow local Health Department to issue $300.00 fines within the Harbor Watershed Protection Distric_'to those who have not had their septic system inspected within the prescribed inspection dates. This is a modification of our penalty section of the code. The intent of the Health Department is to review, on a monthly basis, properties who are in non - compliance and to issue a fine of $300.00 at the beginning of each month until the third consecutive month and then to pursue court action. Chairman Kopko asks for public input. None noted. Public Hearing is closed. Motion made and seconded to approve the amendment to 67.05. The BOH approves amendment to local regulation 67.05 unanimously. Variance Requests 1. 35 Massachusetts Avenue — HO Ray states that this is a two bedroom dwelling found to be in septic failure. A composting toilet is proposed, a black water /grey water facility which allows for a reduction in groundwater. HO Ray recommends granting variance. The Health Department may hold septic permit until certain questions are answered relative to zoning relief, well placement, and sideline setbacks (repositioning of structure on lot). The BOH approves the variance request unanimously. BOH Minutes -2- March 25, 2009 2. 347 & 355 Madaket Rd and 4 Ames Ave — HO Ray states that these homes are directly at the end of Madaket Rd where lots are getting smaller due to erosion. This is a situation of three undersized properties abutting an actively eroding shoreline. HO Ray recommends granting the variance with the provisions; an O & M Agreement be put in place and submitted; a description of form of ownership; a description of final long term O & M to both the Health Department and the DEP; a copy of covenant and easement needs to be filed with the Health Department and the DEP. This will be a single system for three homes. The mandates are offered by DEP which the Health Department has taken under advisement and both will require appropriate documentation. The BOH approves the variance request unanimously. 3. 66 Arkansas Ave - This is a single unit from a townhouse configuration. The septic repair puts the system a shorter distance to the property line and within 100' well setbacks. This is a maximum feasible compliance situation with an easement to utilize the green space previously recorded. HO Ray recommends granting variance. The BOH approves the variance request unanimously. 4. Request for Relief from local Health Department Policy Statement — HO Ray reads letter from Attorney William Hunter requesting relief from the Health Department's policy on minimum oven size for a dwelling. HO Ray states that his department has run into numerous situations where second dwellings have hot plates, microwave ovens, wet bars, etc. creating a substandard kitchen facility. The Health Department instituted a policy requiring no less than 3 cubic feet for an oven that would suffice in preparing a family meal. This microwave /convec- tion oven is 1.5 cubic feet. Ms. Roggeveen makes a motion to grant relief from Health Department Policy Statement on oven size. Motion seconded. The BOH unanimously grants relief from the Policy Statement. Appointment of BOH Representative to Nantucket Tick -Borne Disease Committee — Ms. Roggeveen asks the BOH to appoint her to the committee. The BOH unanimously approves Ms. Roggeveen's appointment to the committee. HO Ray tells the BOH that he is still awaiting some paperwork from the committee members, and that he hopes to have a meeting in early April. The BOH is adjourned at 6:50 p.m.