HomeMy WebLinkAbout1978-10-04 to 1978-11-16
Minutes of the Meeting of October 4, 1978
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SUBDIVISION - JOHN DOOLEY
In the matter of a subdivision for John Dooley, Vesper Lane and Cato Lane, the
Board voted, on motion by Ho1dgate, second by Buckingham to accept the recommend
ations of Donald Purdy. There was no objectionable comment in report from Purdy
SANFORD GALLANTER - DISPOSAL WORKS PERMIT
A letter from Inspector of Health Purdy regarding a Disposal Works Permit for
Sanford Ga11anter off Po1pis Road, the representative of DEQE was here on
September 29 and conducted a preliminary inspection of the property. He
requested Mr. Borchert to include some minor additional information on his plan.
It was the feeling of Purdy that the recommendation submitted by him two weeks
ago be approved.
Purdy further noted an appeal had been filed against the Conservation Commission
decision by the abutters and a hearing will be held in approximately two weeks.
No work can be done until their decision has been made.
Motion by Beach, second by Buckingham to table until the appeal runs its course
and subject to the modifications requested by DEQE.
11/16/78
A letter from Atty. Driscoll with a copy of the order from D.E.Q.E. resolved
the permit needed above. Since item 18 was the only item not approved by
D.E.Q.E. (storage shed), and all other items were approved, Buckingham moved
that the permit be granted. This was seconded by Ho1dgate.
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VARIANCE FOR LESLIE JOHNSON I'
Atty. Mooney was present and had submitted a letter representing Leslie Johnson,i
4 Ash Street, for building at Madaket. It was not possible to satisfy the I
requirement for a 50' set-back for leaching field required for septic system !
under Madaket regulations. The pit could be located on border of 40' road !
(Utah Avenue). All other building requirements had been met. A waiver was 11
asked for Regulation 4, "no leaching field shall be located closer than 50' i!
to any property line". il
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Mooney showed the Board plans. The lot is 160' long and 50' wide. Mr. Leichterl!
had drawn plot plan for the system and said the well would be properly separatedl~
The family has owned the property for 9 years. Michael Backman who was present I
said there would be no way of putting in the system unless a variance was given.l
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Mr. Young asked what would happen if the owners of the lots on either side
decided to build. Mooney said that Tristam's was on either side and there is
plenty of room without any problem.
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Another consideration was, if granted, would this set a precedent for others,
but Mooney said there are not many other 50' lots in Madaket and there have
been no requests in five years, so did not feel this would be of any consequence
Buckingham wondered if abutters had been notified, but Mooney said no. Buckingh~m
questioned if Ms. Johnson's plans might affect the plans of any abutters. Ii
He said the fact that these Madaket regulations had never been tested in court I!
was basically factual, but the area has a different water table from the rest of!'
the Island and there are sound reasons for imposing the regulations. He did 1
wonder how many other 50' lots might come in and could see substantial complicat onl
He wondered further how the water table and future abutters would be affected.
It was pointed out that Mr. Perry had combined 4 lots on each side to have a
large enough lot and there would be no problems with him if Ms. Johnson built.
Mr. Young said he felt inclined to go along if the side lots were not 50'.
Buckingham asked how many septic systems could be put on one lot and was told
by Mr. Backman that one could. Mr. Mooney said that Perry can not create any
smaller lots from the joining of the ones now existing.
On motion from Holdgate, second from Knott, with Buckingham abstaining, it was
voted to approve the variance. Mooney said he would try to draft something
appropriate, a document to be recorded.
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