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HomeMy WebLinkAbout2004-9-1BOARD OF HEALTH TOWN OF NANTUCKET l MINUTES SEPTEMBER 1, 2004 W SUPERIOR COURTROOM MEMBERS OF THE BOH PRESENT: CHAIRMAN SOVERINO, MR. MURPHY, MR. WATTS, MR. BENNETT, AND MR. GLOWACKI MEETING CALLED TO ORDER: Approximately 7:00 p.m. Chairman Soverino: First item on the agenda is public comment. Any concerns from citizens? Dr. Lepore: My name is Tim Lepore and I am here representing various groups and individuals affected by a high incidence of tick -borne disease. If we cut down the number of deer, we cut down the number of infected ticks. The only realistic way to do it is to decrease the number — increase the season. I would ask if the BOH/BOS would approach the Division of Fisheries and Wildlife to ask them to come down here so these options could be discussed as they have the authority to deal with what is discussed. Mr. Watts: I would like to make a motion to discuss with the Division of Fisheries and Wildlife here in Nantucket the possible extension of the deer season. Mr. Bennett: Seconds motion. Chairman Soverino: Motion made and seconded. Chairman Soverino: On the motion, let's see if we can schedule a meeting in Nantucket. All those in favor, aye. (Aye.) Opposed? Any other concerns from the public? If not, we will move into our agenda. Next, our approval of the minutes of May 26' and July 7th. Mr. Watts: So moved, Mr. Chairman. (Second.) Chairman Soverino: Motion made and seconded. Mr. Glowacki? Mr. Glowacki: Questions the format of the minutes, transcript style, capturing a lot of the discussion. HO Ray: States BOH strives to be exacting in what happens in our public health meeting. Chairman Soverino: On the motion — further discussion? Approval of the minutes, all those in favor, aye. (Aye.) Opposed by Mr. Glowacki. Chairman Soverino: Thank you, the ayes have it. NEW BUSINESS Chairman Soverino: We have two variance requests this evening. The first one is for Mr. Steve Backus on 10 Holly St. HO Ray: This is a request relating to a specific section in Title V with regard to the separation of the leach facility and well, to reduce the 100 foot separation to 80 feet to keep the well and leach facility on the confines of the property. The problem comes when the Building Department noted that the well must be on the property served. As this is an undeveloped piece of property, I don't believe there is a hardship demonstrated; my recommendation is to deny this variance request. This is not taking all actions from the property owner. I believe we have comment from town counsel that this would not be a land taking per se. Chairman Soverino: Recognizes Attorney Reade. Attorney Reade: Attorney Arthur Reade, representing Steve Backus the property owner. Steve bought this lot four years ago. He proceeded to insure permits were in place before he closed on the property. Specifically there was a well in place within a portion of Holly Street. He was granted a permit for the septic system. By condition of these permits by the town, he proceeded with his plans to build on the property, some time passed and only during the last year did the issue come up that the Building Department took the position, that under state law, in order for a lot to be buildable there has to be a well on the property. Mr. Backus applied for a variance from the Board of Appeals and that variance was denied. HO Ray: My concerns here as the Health Officer is the precedent that may be set if this variance is granted. I believe there are a plethora of small lots that would be then looking 2 for a similar variance request, minimizing distances. I would urge the Board again to deny this variance and allow the owners of this property to pursue this to the court system in order to arrive at a definitive position to the state building commission on the location of this well. Chairman Soverino: Anyone else wish to be heard? Chairman recognizes various abutters and abutters' attorney (Sarah Alger) who agree with Health Officer on denial of variance request. Chairman Soverino: Recognizes Mr. Backus. Mr. Backus: States the fact that he just wants to build a very small, one - bedroom home. Chairman Soverino: Recognizes Ms. Meehan. Ms. Meehan, Senior Loan Officer: Concerned about precedent that could be set from a banking perspective relative to a customer who holds a permit for a couple of years. Chairman Soverino: Questions from the Board? Mr. Watts: Questions well permit being approved by Health Department. HO Ray: The Health Department can approve a well in the road, but it is not on what the Building Department considers the legal definition of the property. I think this concern is rightfully placed in front of the Board and I think if we are going to get an answer to situations like this, this needs to go to some form of litigation. That is between the State Building Office and the property owner, not the BOH. Mr. Watts: Questions placement of wells and septics in roads in Madaket. HO Ray: Only septics, and more specifically the repairing of existing septics with structures already on the property. HO Ray's recommendation is to deny variance and to have the question answered once and for all by the state. Town Administrator Gibson: I was asked to get an opinion from town counsel. It is very informal, very preliminary and does not appear to be a taking. Building Inspector Bartlett: Notes that the only way to make sure a lot is buildable is to have a building permit in hand. The well has to be on the lot where the structure is located. Mr. Glowacki: States that he would not be willing to go forward with the variance. Puts forth a motion to deny without prejudice. Mr. Bennett: Seconds the motion. 3 Motion to deny variance is carried 3 -2. Second variance request is the Kimmerle Property on Sea Street, Madaket. It is a variance request to repair a failed cesspool at an existing structure. HO Ray recommends approval of variance request with the stipulation that an innovative, alternative design system is installed. BOH votes in favor or granting variance request 4 -1. Mr. Murphy dissents. Meeting adjourned at approx. 7:45 p.m. n