HomeMy WebLinkAbout1978-12-20
BOARD OF HEALTH
Minutes of Meeting of December 20, 1978
Variance - Leslie Johnson
The Board of Selectmen met at 7:30 in the Town and County Bldg. December 20,
and present were Chairman Young, Selectmen Buckingham and Holdgate.
Buckingham made a motion, seconded by Holdgate and voted by them and the
Chairman, in absence of other members, to adjourn to Board of Health matter
concerning a variance for Miss Leslie Johnson at Madaket.
A letter had been received from Atty. Theodore Tillotson dated December 8, 1
stating that, in accordance with Chapter 2IA, Section 13, Gen. Laws, the
DEQE promulgated regulations for minimum requirements for subsurface disposa
of sanitary sewage, 1977, Title 5, taking effect July 1, 1977. These are
currently in effect.
Part II of Title S~ Regulations 20, entitled "Variance", states that all
abutters must be notified by certified mail at applicant's expense at least
10 days prior to Board of Health meeting, at which the variance request
will be on the agenda. The notification shall state the specific variance
sought and reasons therefore.
Further, continued Tillotson's letter, the Board of Health may only vary the
application when the enforcement of minimum standards would do manifest
injustice and if the applicant has proved that the same degree of environ-
mental protection required under Title 5 can be achieved without strict
application of the particular provisions being varied.
Miss Johnson did not follow procedural requirements of regulation 20 and
Tillotson asked the variance issued by Board of Health on November 21, 1978
be immediately rescinded and Miss Johnson be required to follow state law.
Tillotson represented abutters to the property owned by Miss Johnson.
A letter dated December 18, 1978 from Town Counsel outlined the proper
procedure to follow, recommending the vote adopting the granting of the
variance be rescinded as quickly as possible. He suggested the matter be
referred initially to Health Inspector for his report.
Mr. Buckingham moved the varianc~ be revoked and this was seconded by
Holdgate, with Chairman Young voting also that it be rescinded. Further, it
was moved by Buckingham to notify the applicant's attorney ~8~y b~a~~y~ance
has been revoked and this was seconded by Holdgate. Also, a71etter should
be sent to Miss Johnson S6 she kno~what procedure to follow, that abutters
have to be notified 10 days prior to meeting of Board of Health. A copy of
the letter should also be forwarded to the Building Inspector.
If the variance is disapproved, she may then apply to D.E.Q.E., at which poi
D.E.Q.E. may: 1. look into in.vestigation and make a ruling or 2. not send
any written statements for 30 days. If, after 30 days, there is no reply
from D.E.Q.E., the Board of Health ruling stands.
Mr. Visco again brought up the matter of the Madaket regulations, feeling
they caused undue hardship and hoped that, at this time, they would be
addressed. Mr. Young said this particular item was because procedures were
not properly followed and the Board of Health had to rescind. Young did say
he hoped, after the first of the year, that the Board would look closely at
the Madaket regulations. Mr. Buckingham commented that he felt any change
in the regulations should be made only after each member of the Board has
an opportunity to study the Whitman and Howard report.
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Mr. Holdgate moved to adjourn as Board of Health and resume as Selectmen,
and this was seconded by Buckingham and so done.
BOARD OF HEALTH
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Chairman
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