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HomeMy WebLinkAbout1982 Jul 06 - BOH Meeting Minutesi BOARD OF HEALTH - Minutes of Meeting, July 6, 1982 Page 2 MOTION: (Dr. Gursha) That the variance be granted as so stated on the application of Robert Noyes. (Mr. Decoteau) SECOND Vote: Unanimous (4 Yes, 0 No, 1 Absent) [To allow foundation elevation to be lower than the required 2. 0' above the high point of the road affronting lot. Road Elevation: 20.41 Foundation Elevation: 19.49. Variance of 2.92' (Town of Yarmouth Amendments 3. 7) ] III. Variance Reuqest: Lot 13, Merchant Ave. , Yarmouth Title 5: 15. 02:17 & 15. 03:C, Town Amendments, Reg. 2.17 6 3. 7 John Schnaible, of Sweetser Engineering, reviewed the proposed variances indicating their necessity. 1) 15. 02:17 - Construction in Fill. To allow leaching trench to be 15' from the streetline. 2) 15. 02:17 - Construction in Fill. To allow Expansion area to be 11' from streetline. Mr. Schnaible explained that there is a slope from the trench to the edge of the pavement. 8" of fill at the legal streetline is necessary to meet the slope requirement. There are public utilities across the street on this private road. The proposed variances pose no problem for access to water mains or electric poles on the other side of the street. They will not interfere with people's ability to pass on the road. 3) 15.03:C - Required Depth of Pervious Material. To allow the installa- tion of a Subsurface Sewage Disposal System in an area where there is less than a 4 ' depth of naturally occurring pervious soil below the entire area of the leaching facility. Mr. Schnaible said that when the test hole was dug, they encountered 3' of naturally occurrinq soil, after which they encountered water so they could not dig any further. Four test holes were actually dug. 4) Town Amendments to Title 5: Regulation 2. 17: Construction in Fill. To allow a 1' variance from Section A. This variance is needed because of the facts stated in #3. Pervious material was encountered for the first three feet, after which water was encountered. This is a town amendment to state regulations. 5) Town Amendments to Title 5: Regulation 3. 7: Distances and Locations. To allow a variance of 23' for leaching facilities from a marsh area. 6) Town Amendments to Title 5: Regulation 3. 7: Distances and Locations. To allow a variance of 25' for e�cpansion area from a marsh area. Mr. Schnaible reminded the Board that these are also town amendments to state regulations; the specified distances would meet the state Title V regulations, which calls for a 50' distance rather than the 100 ' speci- fied by the Town of Yarmouth. iBOARD OF HEALTH - Minutes of Meeting, July 6, 1982 Page Three � 7) Town Amendments to Title 5: Regulation 3. 7: "No fill shall be deposited ' when the water table is within four feet of the original grade. " Mr. Schnaible encountered peat below the proposed system. This lot was filled years ago. The fill on top is good and clean and permeable. i 8) Town Amendments to Title 5 : Regulation 3. 7: Foundation Elevation. To allow foundation elevation to be at 13.74' ; requiring a variance of 2. 06' to allow foundation to be less than the required 2. 0 ' above the high point of the road affront- ing the lot. It was pointed out that this was the same variance just requested and granted by the last people present. Mr. Garnick established that the house lot abuts Follins Pond on the easterly side; northerly is all marsh; the southerly abuttor is Horace Gordon, from whom the Board has received a letter; the last abuttor did not receive his certified notice. It was later established that he was in the audience, as he is now a permanent resident of the Merchant Avenue address and found out about the meeting. Mr. & Mrs. David said they are trying to build a perman- ent home and they are willing to do anything they are told to make it a buildable lot. No work has been done to start the building. The lot had test holes dug in the front right and left corners. The right hand - corner was found to be unsuitable (found peat) ; the left corner was better soil but it would come too close to the marsh. The Davids have gone to the Conservation Commission but have received no official approval from them as yet. The Commission is awaiting opinion by the Board of Health. They requested that the Davids design a smaller house which they have done. The lot is 18,000 sq. ft. The lot itself has almost 17,000 sq. ft. of buildable space. The rest drops down a steep embankment to the water. (Drops 7' in 15' ) . About 1/3 to 1/2 of the lot has been filled. Mr. Murphy indicated he had reservations on the number of variances needed to build the house. It is too close to the water by town standards and he has a question on removal of peat under and around the septic system. The fill itself Tooks clean from the tests, but there is still a lot of peat under the area where the s0ptic system will be installed. Possible contaminants could go through to the marsh, but he cannot be sure this will or will not happen: The soil below the fill was marsh/bog. Mr. David cl�imed a hardship in that he had taken out a $45,000 mortgage on his first home in order to purchase the lot. He told the Board that When this house is sold, they will be living in the Mer- chant Avenue house. Mr. Garnick placed into the record a letter written by Attorney Richard Anderson on behalf of Mr. and Mrs. H. Gordon of Villanova, Pennsylvania, in opposition to the variances. The letter was given to Mr. Murphy, and a copy to Mr. and Mrs. David. ABUTTORS: BOARD OF HEALTH, Minutes of Meeting, July 6, 1992 Page Four Mr. Calvin Bartlett stated that the lot is filled in marshland and that the leaching field will drain into the pond. There is a beach in the area, and Mr. Bartlett is afraid it will hurt the beach. As many as 9 times a year during a full moon and maximum high tide, the , entire marsh is covered with water. There has been no hurricane since 1960. There was 10' of water over the marsh then. Mr. Bartlett said he felt the lot was a bad risk and a poor investment. It was further clarified that Mr. Merchant actually filled in the marsh. The beach is 4 lots away (approximately 600 ' ) . The land is flat and higher than the marsh it abuts. Mr. Frank Sheldon owns 3 7/10 acres of marsh and uplands across the road to the north which he bought in 1972. He told the Board he purch- ased the lots, relying upon the town to enforce its regulations to protect his investment. He and his family eat mussels from the beach. The area is a rich commercial clam bed and there is eel trapping commer- cially in the same area. Mr. Sheldon asked the Board to protect the water against sewage pollutants. Mr. Sheldon said he polices the marsh and cleans the diEches. He reiterated his concern for contamination. He feels the proposed leaching field comes too close to his marsh. Mrs. Lawrence stated that there could be potential danger to wild- life. At present 18 baby geese and ducks come through the marsh to feed, eating grass by the proposed leaching field. Mr. Schnaible asked the Board to recognize him. He stated that the lot is in Hurricane Zone B - 500 year flood zone. It is not a major risk. The two lots to the south are at the same elevation. The lot � was purchased three years ago, at which time it was perked and approved by Dale Karnes (then Health Agent) and the Conservation Commission. Mr. David felt there must be a way to have the leaching field designed so that it does not flow into the marsh. He asked the Board who would pay $44,000+ for an unbuildable lot. He asked why the town allowed him to think the perc test had been acceptable, only to turn around and forbid installation of a system. He was told that the perc tests only shows where the soil is leachable. It does not designate where the system is to be located. There was some question as to the need for a variance in order for the Davids to fill in a part of the private road affronting the house, to meet slope requirements. Mr. Murphy told the Board he was of the opinion that this required a whole different variance. Mr. Garnick felt that if the road were taken by the town, the area might be paved over. Mr. Schnaible pointed out that people fill this area in all the time to accomodate slopes for garages and driveways. Mrs. Frank Sheldon repeated her desire for contamination free mussels, clams and a clean beach where her grandchildren can swim. She told the Board they purchased two lots and a home to retire in and have a considerable investinent in their property. She felt the neighbors' investments should be protected. Mr. Schnaible told the Board this would be one of the few houses on the street using a leaching field rather than a cesspool. He asked the Board, but did not receive an answer, where the cesspool overflow was going in the neighborhood. Mr. Murphy established that he did have some doubts concerning the distance to the marsh (77' ) . He said the peat below the house and the , i BOARD OF HEALTH, Minutes of Meeting, July 6, 1982 Page Five i � proposed septic system is an unknown quantity. The town regulation of � 100' is meant to protect the town' s watershed. Mr. Schnaible said that � the system is designed to meet Title 5 specifications, He obtained a iperc rate of less than 10 minutes per inch. The system will already be in fill. He could shorten the system if the Board would allow him to use fill to accelerate the perc rate. After short deliberation, the Board decided to view the site before � making a decision. Abuttors were told that this will be on the July 19th agenda. There will be no discussion. A vote will be taken in open session. Minutes will be forwarded to Mrs. Robinson who will be � asked to also make a site review so she can vote if present at that i meeting. Abuttors were present when the Board decided to meet at the site with Mr. Murphy. Further on in the meeting, it was decided that this could be construed as a meeting of the Board of Health, at which time the members agreed to view the site separately. IV. Briarwood Condominiums - Town Amendments : Reg. 3. 7. Mr. Murphy was able to grant any previous variances needed to comply with the high point of the road affronting the buildings in this com- plex, using roads as determined as drainage flows as established by the Town's Engineering department. Buildings F,J, and K all need to be less than 2' above the high point of the road, and require variances. Building K requires a variance of 8. 2' . The road at this point slopes down. All the units are on-- slabs"; there are no basements; drainage flow was considered by the design engineer with storm drains placed accordingly. The engineer, Allan Jones, was not present at the meeting. Mr. Garnick asked the developers to provide a letter from the engineer stating that there has been provision made for drainage and that no threat of surface water damage to buildings of abuttors on the same or different lots ' exists; such letter to be given to Mr. Murphy prior to obtaining the building permits. Mr. Caruso said that using the natural swale in the land is preferable to cutting down more trees and bringing in over 1000 yards of fill to blend in 3 1/2 ' now lacking. The parking lot and storm drain system is in for building K. The green area would have to be eliminated for no practical benefit to raise the elevation of the foundation. Trustees for Buck Island Condominiums were pleased that no more vegetation would be cut down, and were satisfied after reviewing the plans with those present that the variance would not affect them nega- tively. There is 115' between the two closest buildings of the two condominium complexes. MOTION: (Mr. Decoteau) That the variance [s] as requested and as shown on the application be granted provided that Allan ; Jones, professional engineer, submit a letter showing no Surface pollution to the buildings and the abuttors. (Dr. Charif) SECOND Vote: Unanimous (4 Yes, � No, 1 Absent)