HomeMy WebLinkAbout1980-02-13
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BOARD OF HEALTH
Minutes of Meeting of February 13, 1980
fter a brief session as County Commissioners, the Board of Health Meeting conven d
t 7:35 PM.
ARIANCE FROM MADAKET REGULATIONS, SECTION 4 - LESLIE JOHNSON: Health Officer
ichar Ray s Report read recommending that the Board of Health grant this
equested Variance from Section 4, Madaket Regulations, concerning Ms. Johnson's
ots #22, 23, 41 and 42 for the following reasons:
'The amended (August 21, 1974) Section 4 of the Regulations affecting Madaket sta es
'the distance of a leach facility from a property line be increased from ten to
ifty feet. Where the property abuts a roadway or other land restricted from buil -
.ng, the width of the roadway or restricted land can be included as part of the
ifty foot setback requirement. No leaching facility can be located closer than t n
eet to any property line". This Section of the Regulations was enacted to share
he responsibility of the distance required between two leaching systems on adjac nt
roperties. With enforcement of this Section, there would be a minimum of 100 fee
etween adjacent leaching facilities." Mr. Ray then made comments in reference to
lot Plan, Block 140, Land Court #3092 and the enlarged Septic System Design Plan
ntitled Plot Plan Sewerage System Sheet 2 (now on file in his office) from the
outhern, Western and Eastern abutting aspects. Mr. Rays report was summarized
s follows: "In summary, the Lot Line Restriction is there to insure 100 feet
etween leach facilities which would insure no adverse conditions in the quality
he water in the Madaket area. Due to preexisitng conditions previously shown, Ms
ohnson's leach facility would pose no environmental threat to the quality of the
adaket Area Water Table. Consequently, I would recommend that the Board of Healt
rant the Variance to allow Ms. Johnson to install her leach facility as is
pecified on the plans submitted to this office by Mr. Robert Lichtner~
ttorney Robert Mooney addressed the Board and spoke in Ms. Johnson's behalf.
e concluded in requesting the Board's favorable action, that failure to grant
his Variance would do manifest injustice and further, that the environment would
ot be harmed by this single family cottage. Attorney Tilotson addressed the Boar
.n opposition to their favorably granting this Variance.During his dissertation
e emphasized the fact that the reserve area is not within the required 150 feet
f the point. There was some discussion between Mr. Young, Mr. Ray and Mr. Tilots n
s to an interpretation of the law, whether from center point or edge of outward
low. Mr. Young then asked Mr. Mooney if the lot has been "grandfathered" as to '
oning, Mr. Mooney answered "yes". Mr. Holdgate motioned that the recommendations of
he Health Officer be accepted, seconded by Mr. Young, so voted 4-0.
here being no further business before the Board, a motion to adjourn at 7:55 PM
as made by Mr. Gardner, seconded by Mr. Knott, so voted 4-0.
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Chairman
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