HomeMy WebLinkAbout1979-01-17
BOARD OF HEALTH
Minutes of the Meeting of January 17, 1979
Variance for Leslie Johnson
All members of the Board of Health met, after adjourning as Board of Selectmen,
reconvening as Board of Health at 7:30 p.m., January 17, 1979 to discuss the
request of Leslie Johnson for a variance to build at Madaket.
A letter from Atty. Mooney, dated January 4, 1979, requested this variance
in order to allow construction of sewer disposal system and variance of
Regulation No.4, requiring system be located 50 feet from a property line.
Abutters had been notified by certified mail. A copy of Assessor's map for
Madaket, showing property in Tristam's Landing area, was presented. Mr. Moone
noted that the family had owned the lot several years and gave it to MS. Johnso
for the purpose of building a residence. It is 50' x 80'. Plans had been
drawn by engineer for septic system, but, due to the size of the parcel, the
leaching pit would be on the edge of a paper road on the property line. All
other requirements can be met except distance from boundary and Atty. Mooney
commented that enforcement of this regulation would constitute manifest injusti e.
Also, the applicant has proved that the same degree of environmental protectio
required under this Title can be achieved without strict application of the
particular provision.
Memorandum from Health Inspector, Richard Ray, recommended the Board grant the
variance, citing the amended regulation of August 21, 1974 that "distance of
a leach facility from property line is increased from 10 to 50 feet. Where
property abuts a roadway or other land restricted from building, the width
of the roadway or restricted land can be included as part of the required 50'
setback. No leaching facility can be located closer than 10' to any property
line". Mr. Ray's memo said there would be a minimum of 100' between adjacent
leaching facilities with enforcement of this section.
He went on at length to define how the requirements are met, mentioning that
Ms. Johnson's land to the east is abutted by a lot which had been subdivided
and was, therefore, unbuildable (10,000 sq. ft.). Zoning regulations require
20,000 sq. ft. Ray said MS. Johnson may use this area in computing her
distance to a property line, which gives her more than enough distance.
Ray finally commented that the lot line restriction is there to assure 100'
between leach facilities so no adverse conditions in the water quality of
Madaket would occur.
Buckingham commented that, under the old regulations, it might not have been
possible to grant a variance, but there is an increase from 10' to 50' under
the amendment.
Atty. Tillotson, representing Lindsey Perry, said procedural requirements had
formerly not been followed. He questioned terming the lot to the east as
"unbuildable", saying this has not been proved. Tillotson said the opposition
is not on a personal basis at all but, since Whitman and Howard had done a
study of the Madaket area in 1973 and recommendations came out of that, certai
provisions had been adopted. The opponents simply feel they have had to
comply and feel the regulations should not be varied. If the Town feels that
the environment must be protected and has had in effect regulations for the
past several years, why would they be varied now? Tillotson said he realized
none of the present Board members were members at the time the regulations were
passed, but felt this was an instance where no variance should be granted.
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Selectman Holdgate moved to grant the variance as recommended by Health Insp.
and in accordance with the comments in the letter from Atty. Mooney. This was
seconded by Beach and so voted. Mooney said he would have a suggested form
prepared for signatures and this had to be filed with DEQE, who has 30 days
to approve, disapprove or modify the variance.
On motion from Holdgate, second by Beach, it was voted to adjourn as Board of
Health and meet as Board of Selectmen.
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Chairman