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� BOARD OF HEALTH, MINOTES OF' MEETING, July 19, 1982 ' Page Three
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The vote against the spraying was 3 Yes, 0 No, 1 Absent, 1 Abstain.
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Mr. Garnick returned and joined the Board for the aext item on the
agenda. He pas asked by Mrs. Robinson to Chair"this portion of the meeting,
as he had been acting Chairman at the time of its original presenta tion.
�/ IV. Varience Request: Lot 13 - Mereha� n�Te, Yarmouth
Title 5: 15.02:17 & 15.03:C
Torm Amendmentse Reg. 3.7 and 2.17
Every member of the Board took an opportuniTy to inspect the lot on
Merchant Avenue. Mr. Garnick cautioned that there would be no further dis-
cussion from the floor and that the Board was ready to take its vote.
A few clarifications were made. Sweetser engineering shows on their
plans, and John Newton, Town Engineer, confirms the markings on his engin-
eering plans that there are 90' from the edge of.the proposed septic
system to the top of the bank. The test holes conducted to the right hand
side of the lot encountered fill to the water level, peat, and then a gray
sand mixture. There xas a total of 7' to 8' to the gray material.
MOTION: (Mr. Decoteau) That the variances as applied for be denied by this
Board. �
(Mrs. Robinson) SECOND
Vote: Dr. Charif: Yes
Dr. Gursha Yes
Mr. Decoteau Yes
Llx�s. Robinson Yes
� Mr. Garnick Yes
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The vote was unanimous.
Mr. David asked the Board how the Town could allow someone to buy a lot
by certifying.it as p¢rcable, and then say it is not buildable; eausing
someone to put their life savings i�to a useless invest�ent. He pointed out
that most of his ��neighbors" had cesspools and speculated that a considerable
quantity of effluent was being dumped into the pond because of them.
Mr. Garnick told Mr. .David that their requests had been �or the largest
number of variances since this Board's inception, and that the Board has a
responsibility to the.to�en. :There ie no way to..ascertain'the buildability
of 8 lot until permits are applied for. .Tn turn, 1dr. David told the Soard
that one of the most vocally ob�ecting abuttors, Mr. .Laurence, i�as an illegal
dock, which indicates no respect for the environmrnt. �
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I Every member of the Board took an opportunity to inspect the lot on
Merchant Avenue. Mr. Garnick cautioned that there would be no further dis-
� � cussion from the floor and that the Board was ready to take its vote.
' A few clarifications were made. Sweetser engineering shows on their
� plans, and John NeNton, Town Engineer, confirms the markings on his engin-
' eering plans that there are 90' from the edge of the propos�d septic
system to the top of the bank. The test hol•es conducted to the right hand
� side of the lot encountered fill to the hater level, peat, and then a gray
! sand mixture. There was a total of 7' to 8' to the gray material.
MOTION: (Mr. Decoteau) That the variances as applied for be denied by this
Board.
�+ (�1rs. Robinson) SECOND
OrV Vote: Dr. Charif: Yes
Dr. Gursha Yes
�� Mr. Decoteau yes
I � �� Mrs. Robinson Yes
��'� 1� Mr. Garnick Yes
The vote was unanimous.
Mr. David asked the Board how the Town could allow someone to bny a lot
b�� certifying it as percable, and then sa�• it is not buildable; causing
someone to put their life savings into a useless investment. He pointed out
that most of his "neighbors" had cessFools and speculated that a considerable
quantity of effluent �,as being dumped into the pond because of them.
Mr. Garnick told Mr. David that their reo�ests had been for the largest , �
number of variances since this Board's inception, and that the Board has a '�
responsibility to the town. There is no way to ascertain the buildability
of a lot until permits are applied for. In turn, p1r. David told the Board
that one of the most vocally objecting abuttors, Mr. Laurence, has an illegal
, dock, which indicates no respect for the environment.
V. Variance Request: Lot SOA Mayflower 7errace, South Yareiouth
- TOKT of 1'arciouth A.�er.aTents: Reg. 3.7
There was no one present for this hear:ng. The matter was tabled until
a future meeting Hhen the principles or their representatives can be present.
VI. l�'ariance Request: Lot 1 Driftwood Lane, Yarmouth
'fown Amendments: Reg. 3_7
There ha=_ no one at the meecir,g at t�.is ;;�e for the hearing. A repre-
sentative had told a Board b;ember he hould return at 8:00. The matter was
tabled until 8:00.
VII. Outside Cafe Request: Dfarina Bay Restaurant, 17 neptune Lane
South Yarmouth