HomeMy WebLinkAbout1983-01-26
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}?(WID OF HEALTH
Minutes of January 26, 1983 Meeting
Meeting comnenced at 7: 40 p.m. after a brief session as County Corrmissioners.
Minutes of the January 12, 1983 meeting were approved as typed and reading
of the same was waived on motion fran Mr. Grossman, seconded by Mr'. Clute,
so voted.
Appeal from order of Heal th Inspector: Charles J. Webb II, wanninster,
pennsylvania:. This appeal was requested by Attorney Richard Glidden
on appeal of his client Charles J. Webb II, fran the order of December 28,
1982 by Health Inspector Richard L. Ray that Webb was "in violation of
the Mass. state Sanitary Code 310 CMR 15.02, 'Minimum Requirements for
the Subsurface Disposal of Sanitary Sewage, (l) Disposal W:>rks Construction
Permit,' in that you have installed a new septic systEm on your property
(assessor's Tax Map 43, Parcel 140) without benefit of a Disposal W:>rks
Construction permit issued by the Nantucket Poard of Health." The Health
Inspector's order further required that W:!bb "rarove the unlawful septic
system within thirty (30) days of receipt of this notice."
Mr. Foley Vaughan, 'Ibwn Counsel to the Poard of Health, was present to
represent Mr'. Richard Ray in this hearing. Mr. Glidden was present to
represent Mr. W:!bb. Mr. Ray explained to the Poard that he never received
a permit for the septic system. He said also that the Building Inspector
had never received a request for a pennit on a second dwelling which was
present on the property. When it was inspected the Health Inspector said
they found walls, a sink, plumbing installed for bathroan facilities, there
was definitely a second dwelling being constructed.
Attorney Glidden said that this was not a willful plan, but a technical
error. The sewer was installed urrler the first plan with a second dwelling.
'The revised plans did not include a second dwelling, but the systEm stayed
the same. (Eventually there would be installed an apartment.) Mr. Glidden
explained that Design Associates relied on the subcontractors to get the
plans. (Design Associates got the penni t for the original building)
Mr. Glidden said he agreed that his client did not carply, but that it
was an inadvertant error. Mr. Glidden said that he felt the fine should not
be minimal.
Mr. Grossman said that they were all local plumbers, electricians, builders,
etc. Should have been aware of the situation.
Mr. Ray had originally requested that the dwelling be raroved, that the
system be uncovered with an en:Jineer present, and irrposing the maximum $500
fine. He had said at this meeting he did not see tearing down the building.
Mr. Grossman moved that Health Inspector's revised order be sustained.
that the system be uncovered with engineer present, produce and file "as
built" plans, and that the rrBXimum fine be levied. This was seconded by
Bud Clute, so voted.
! Mr. Clute moved to adjourn the Poard of Health, seconded by Bernard Grossman,
so voted. Meeting adjourned at 7:55 p.m.
}?(WID OF HEM.TH
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Charles J. Gardner
Acting Chairinan