HomeMy WebLinkAbout1982 Jul 26 - Letter from BGM to Robert David �°���� TOWN OF YARMOU 'I' H
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H�.��._,.�� SOUTH YARMOUTH MASSACHUSEli'S 02G64
�""�;,," "� BOARD OF HEALTH
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July 26, 1982
Mr. Robert David
27 Marshall Street �
Norfolk, MA 02056 .'
Re: Lot J-13 Merchant Avenue
Yarmouth, Ma
Dear Mr. David:
This letter is in regards to the Board of Health meeting on Ju1� . 19,
1982, at which time your application for a variance from the require-
ments of Sections 15. 02 : 17 and 15. 03:C, of the State Environmental �
Code: Title S: Minimum Requirements for the Subsurface Disposal of
Sanitary Sewage; and, from the requirements of the Town of Yarmouth
Amendments to Title 5: Section 2. 17 and 3 .7. Data and discussion
concerning this lot was previously presented at -the Board of Heal-th
meeting on July 6, 1982 . '
On July 19, 1982, the Board of Health voted, unanimously,:�:to deny
the variance, as requested. Their denial was based upon the facts
that the variance would be detrimental to the area, especially to -
Follins Pond, the marsh area and would pose a potential threat to the
wildlife and shellfish. This based upon the fact that the property
has been substantially filled in over the existing marsh area. In �
addition, during the meeting the engineer stated that the slope re- - ,
quirements for the septic system would extend beyond the property
lines. Therefore, in the board' s opinion, a variance would conflict
with the spirit of the State Environmental Code and with the Town of
Yarmouth Amendmentts to Title 5, inasmuch �as it could not be proven
that the same degree of environmental protection would be achieved if
the variance were granted.
According to Section 15 . 25 of the State Environmental Code: Appeal :
' states:
"Any person aggrieved by the decision of the Board of Health
or Department of Environmental Quality Engineering may=seek
relief therefrom within 30 days in any court of compe�ent
jurisdiction, as provided by the laws of this Commonwealth. "
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I y�u�c� 2�' . � �
Bruce Murphy, .5. , MPH cc: Chairman, Board
Health Agent, Towx�of Yarmouth of Health =
BM/av Sweetser Engineering
�onservation Comm.
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