HomeMy WebLinkAbout1984-02-15
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J:nZillD OF HE..Zli..TE
Minutes of February lS,1984 Meeting
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Tre meeting of tre !bard of Health camnenced at 7:31 p.m. with tre
following members present: Clairman Kenneth Holdgate, Jr., Charles "Jack"
Gardner, Harry "Bld" Clute, Rogers "Skip" Cal:ot. .A.l::sent fran meetinJ,
P.ernard D. Grossnan. Minutes of tre regular January 18, 1984 meetinJ
v..ere accepted as typed and reading of the same vas vaived on a rrotion
from Skip Cal:ot, seconded by Bld Clute, so voted.
Variance Request fran Madaket Regulations: Victoria Albizu, omer:
Letter fran Attorney Treodore L. Tillotson, on l:ehalf of Victoria
Albizu, requestinJ tre following variances fran tre Madaket Regulations
for lot 305 r1adaket Road:
Required
150'
150'
150'
Available
138'
131'
145'
(1) Lot 305 di stance fran
(a) Septic Tank
CO) Expansion area
(c) Distrimtion area
(2) Leaching field distance fran
property line
50'
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In response to trese requests, Health Inspector Richard L. Ray wri"ites
tffit (1) (a) and (1) (c) are acceptable. Ib\\6Ter, (1) (b), the expansion
area, re recc.mnends not granting this variance "as placement of the
eventual repaired system VDuld l:e within 150 feet of tre owner's v..ell
and VDuld constitute a potential lEalth hazard as determined by tre
v-Jhitman and fbvard W:l.tes Quality Study wllich pranulgated tre Madaket
Regulations in 1973". Regarding (2), the leach field, !Ealth InspECtor
recomnends "not granting this variance as this VDuld potentially restrict
or prohibit v..ell placement on the lot directly amtting lDt 305 to tre
east". "It is plainly evident tret Mrs.A.lbizu is a victim of tre tr :k::kle
dom effect", wr-ites Health Inspector. In this instance lots located in
series in an area with mandate increased septic system distance regulations
rave forced W9l1 and leach facility locations f1.1rtffir and furtffir easterly
on each succesive lot. This progression res left Mrs. Albizu inadequate
space on an otl"Erwise legally (per zoning) mildable lot. ':':'herefore,
tre Health Inspector's office recc.mnends not granting tre requested
variances. Mr. Ray wr-ites, "SlDuld it l:e derronstrated to this office tlat
a leach field may be installed on tre north easterly lot 100 feet from tre
proposed leach facility of Mrs. lUbizu, trereby sa.tisfying tre environmental
intent of the Madaket Regulations, this office \\QUld reconsider its
reccmnendations". Attorney 1'illotson in attendance for diocussion, re presents
plans to tre Ebard with Assess:::>r' s Map explaining tre existinJ problem.
}'I.ttorney Tillotson explained Mr. Jom Srngrue vas off-island (tre engineer
representing Ms. Albizu) and tre Ebard might vant to vait until re returns
for furtrer explanation. He explains, als:::>, clanging the lot line VDuld not
effect tre tVD lots next to tre Albizu lot. ('"ave an exarrple of Leslie
Joms:::>n in 1979 wID vas granted a variance in Wllch re furtffir explained
set a precedent More the !bard. Fe felt tre !bard sroulo. permit tre
reduction as it VDuld v..ell sa.tisfy the state environmental code, and VD1.1lo.
not create a ffizard to tre vater supply as printed in tre state regulations.
Attorney ':1:' illots:::>n furtrer added, Ms.A.lbizu VDuld like to mild a sumner
h.:roe on this property which was l:ought (title obtained) in March 192~,
in which tre regulations v..ere effective wren property was
J:nught. Hea.Lth Inspector explains tre lot meets tre State requirements
mt not the Madaket Regulations, pertaining to tre Jornson case re states,
this unmildable lot lasno relation to the case l:e:':rze the Eba~n ~,;rich
red a 100 feet separation and meet Madaket Regulations.Skip Carot asked
for any al terna ti ve s, ~..r. Ray replied unfortunately there v..ere no al ternati ves
this vas an unmildable lot. Hr. tbldgate suggested coming in with plan
for all three lots. Mr. Ray added no corrpliance given unless there was
a 100 foot separa.tion. Attorney':':'illotson stated separation VDuld l:e l:etv..een
60 to 100 feet, 4 or 5 times more ttan state regulations v,hich VDuld satisfy
public lEal tho Mr. Gardner pointed out the Ma.daket Regulations v..ere set
several years ago from the t-ater Study done ann this case sh:mld not J:e
granted a variance when vater is J:eing studied which is the reason l:eing
for the Hadaket Regulations. r-1r. Ray added if 100 foot separation could
l:e obtained reconmendation muld clange. Pud Clute stated everyone res to
meet Ha.daket Regulations and moved to deny application. Mr. Ibldgate suggested
vaiting :for alternative plan which involved otlEr lots. Mr. Clute denied
tabling the rrotion. !\ttorney':':'illotson explained !'-tr. Shugrue designed the
system and with h:im. not l:eing attendance the Ebard srould vait, no constraint
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on !bard, he respectively requests to table this application until
March sometime. B.1d Clute stated he will stand rehind his denial, seconded
by Skip Cal:ot, so voted. ~tr. Holdgate reminded !bard, denying application
is subject to appeal of Courts. Denial remained. Attorney Tillotson asked if
on some future date he could reapply with the necessary clanges. ~..r. Clair-
man stated reapplication could re made at future date.
Variance Request from Madaket Regulations: Existing Dv..elling on Madaket
Road at Ba.ltirrDrE!StrE!et; Mrs. Doriem GliCk, omer: Letter read from
engineer Carl EbrclErt, on remlf of ~1rs. Ibnen Glick, requesting the
following variances from Madal<et Regulations for an existing dv..elling:
Required Available
Repair facility distance from
(a) t.;ell
(b) Property Line
150'
50'
100'
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Health Inspector Ray recomnends granting the property line variance
(subsection 4 of the Madaket Regulations), mt denying the v..ell variance
(subsection 1). Instead, re recorrmends tlat the !bard mandate "the relocation
of the owner's v..ell to an area 150 feet from tre proposed repair leach
facility location. Furthermore, the v..ell must re located with certification
by a licensed engineer of said relocation refore a disposal of VDrks
construction permit srnll re iS3.1ed". ~1r. Ray smv..ed Ibard plans and stated
if v..ell location is clanged t:bis VDuld create a separation of 150 feet,
proper distance and room on lot. Mr. Ray added also, owner's expressed not re-
locating it to anotrer location, this case las a existing dv..elling on lot.
Als:::> stated, illegally installed v..ell exists at this time and will re rerroved
imnediately. The !bard accepted the recorrmendation of Mr. Ray, Jack Garoner
rroved to approve, seconded ~ Skip C'..al:ot, s:::> voted.
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Being no further msiness of the !bard of Health, Skip Cal:ot !rOved to adjourn
at 8: 00 p.m., seconed by Bld Clute, so voted.
roARD OF HF'ALTE
j::::~JL~A. ~~~~
Kenneth vI. Ibldga6:",4":
Cmirman l
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