The URL can be used to link to this page

Home My WebLink About1985 May 06 - BOH Meeting Minutes ! '.• , °F�Y'9'4� TOWN OF YARMOUTH � . o �� ,`��f`�-� 50111�H YAKMOUI'H MASSACHllSIi ITS 02t+(+-0 c�";^" ".<S'.`,� BOARD OF HEALTH �..� � MZNUTES OF IdEETING - May 6, 1985 MEMBERS PRESENT: Chairman Harold Gursha, Vice-Chairman Leo Decoteau, Mrs. Virginia Robinson, Mr. Herbert Schnitzer i�iEPdBERS ABSENT: Mr. Gera16 Garnick ALSO PRESENT: Aruce Murphy, Health Agent Carol Ziokowski, Recording Secretary Robert & Judith David, Loi 13 Merchant Ave . Richard O' Hearn for r1r. & �4rs. David Albert Lawrence, abuttor c:alvin Bartlett, abuttor Conrad Nobili, M.D. , abuttor Larry Peterson, Lots 2 & 3 Gull ' s Cove Rd. Roger Michnievicz Cape Cod Survey Consultants Alfred Paul, abuttor Roger Robinson, Capeland Construction Thomas Passios Margaret Landers, RN, Cape Cod Nursinq Group Donald Spagnolia, 186 Rt. 6A, Yarmouth Port Atty. James Quirk, Jr. Chairman Harold Gursha called the meeting to order at 7: 05 P.✓,. Before opening the agencia, he thanked Board members and Mr. Murpl-�g for tneir cooperation during his recent illness, during which time, and despite his absence, a quorum was obtained for each meeting and business was able to go on as usual. I . :•iinutes of Meeting, April 16, 1985 MOTIOc1: (Mr. Decoteau) That the minutes of April 16, (1985] be approved as presented. (Mrs. Robinson) SECOND Vote: Unanimous (4 Yes, 0 No, 1 Absent) II . Variance Request: Lot 13, ;•[erchar.� 1�venue- So. Yarmouth Title 5: Sectior:s: 15. 02 (17) - 15. 15 (7) Town Amendments: Section 3. 7 Mr. Murphy told Board members chat the background material on this hearing was extensive. Included in their packet was an investi- Sation report on the lot' s deep test, copies of �revious hearing minute=_, correspondence with the owner and Mr. O' hearn and a hydrological report regarding the fill on the lot, as well a� lettrs from abuttors, one of wnich was just received and not included in the packet. P�4r. O'Hearn said he has designed the system to be located I� \ BOARD OF HEALTH, MINUTES OF MEETING, May 6, 1985 PAGE TWO at the northwest side of the lot, farthest away from the water and wet- lands. All unsuitable material will be removed and the area will be backfilled with clean sand, same.thing for which a variance was sought at the last hearing. Only a small portion of the required 25 ' cannot be excavated, and Mr. O' Hearn said a variance for this portion would not be inconsistent with previous Board of Health votes on other lots . The northwest corner of the lot will have a variance of 15 ' to the pri- mary system, which will get smaller as you move away from the corners. He said that this was not a substantial variance, and it is the most major of the variances requested. The reserve area is in the same • circumstance. A sieve analysis was done on the material added as fill some time ago and compared to the natural soil and it compared favorably. Test hole p2 showed clean medium sand. He noted that on the basis of this test, the fill there now is consistent with what would be there for natural material. A geologist' s report says that the fill is suit- able material. The question of when fill becomes natural ground is one that has yet to be answered to everyone' s satisfaction. Nonetheless, this fill will be removed and replaced with clean sand. He did not feel there would be any adverse affects on the environment. Mr. & Mrs. David are requesting a variance of 20 ' from the ��;�� wetland distance requirement of t0�' for the primary system and 5 ' for . '� the reserve system, all variances requests normally approved by the Board in the past. Mr. O' Hearn did not feel these variances would have a negative impact on the area. A slight discussion ensued concerning the suitability and advisability of some of the town amendments to Title 5. Mr. Murphy commented that removing the peat and replacing it with sand will allow sewage to filter down and then travel vertically to the wetland. A variance is also required to the elevation of the foundation, which will be about even with the hiqh point of the road. This regulation was put into effect to allow run-off into the street, although Mr. O'Hearn noted that most streets were not designed to accept this runoff. Most of the neighboring towns have done away with this regulation. It also only addresses a small portion of the slope problem, as the rear and sides of the house are not necessarily affected by the slope to the road. Mr. O' Hearn did not feel there would be rUn-off to the neigh- boring lots . Lot 13 pitches to the street and to the water in the back. This question is before the Conservation Commission now, and they have indicated that if the Board of Health approves the plan, they will go along with it, having no objections. They will draw up Orders of Con- dition, probably specifiyinq the need for downspouts and drywells to take care of surface water on any impervious surfaces. Dr. Gursha read the following letters from abuttors: FROM G. ROBERT BALER & NANCY BALER: "Concerning the hearing on Mon. May 6 for several variances requested by Mr. Robert David, Lot J13, Merchant Ave. Yarmouth. We object strenuously to the granting of these variances because this lot has so many deficiencies , BOARD OF HEALTH, Minutes of Meeting, May 6, 1985 PAGE THREE \ 1 � according to the Yarmouth health and building codes. The land surrounding this area of Follins Say is so very fragile consisting mainly of marshland, that � we must be extremely careful not to completely bypass the regulations that were put into place for the land' s � protection. If these codes and regulations are to have any meaning at all, it seems that they must be adhered to in cases such as this. This particular lot is of such a shape, grade and location that multiple variances are needed for build- ing. Construction of a house and septage system here may well be disastrous for this area. We strongly oppose the granting of any such vari- ances. We own a home on Follins Bay within sight of this land. " FROM ALBERT LAWRENCE (dated April 27, 1985) "As I will be out of town when this hearing is to take ' place, please consider this letter as a formal object- ion to the proposed application for variance approval. I feel that the threat of contamination from sew- erage poses an environmental hazard. " FROM ELINOR GORDON (dated May 6, 1985, through her attorney) "I represent Elinor Gordon, an abuttor of the above- named applicant. [Robert David] Please be advised that Miss Gordon objects to the granting of the re- quested variances and wishes to have her objections noted in the record. The principal ground for such objection is that the lot contains sub-standard grade, sub-soil, and drainage conditions which are plainly circumscribed by the Code as unbuildable. Further, any installation and use of the proposed septic system would constitute an unreasonable encroachment upon the use and enjoy- ment of the property of abuttors, which could endanger the public health by permitting leaching and overflow on to the abuttors ' property. " [Dr. Gursha deciined to read the next part of the letter, which he fe�t was merely allegation. ] "We urge the Board to deny these variance re- quests. " [sig. 1 Charles Ray Weidman, Attorney FROM CONRAD NOBILI, M.D. (dated April 28, 1985, to Mr. Bruce Murphy) "I am delighted to see that you are a Master of Public Health which means that you can understand better than we the preposterousness of the above appeal for variances. � . BOARD OF HEALTH, Minutes of Meeting, May 6, 1985 PAGE FOUR \ � ; i am not an abuttor of the above property but I am two � houses to the left and would share in the ill^effects iif the variances were granted. One minor variance is Iconceivable, but ten major ones is an indictment on the � intelligence and protective intent of those that drew up � the ordinances! 2 If they were granted it would show icontempt for the board an a complete disregard for the public health" - [Dr. Gursha added "etc. " ] I [Dr. Gursha synopsized the balance of the letter, which he �elt contained conjecture, but which referred to the threat to shellfish, and swimming, and potential hepatitis outbreaks, to which Dr. Gursha alluded. ] There were no abuttors present indicating a desire to speak in favor of the variances requested. Calvin Bartlett, residing across the street from this lot, said that the marah land is frequently inundated, especially during a high tide in the full moon phase. He was concerned that the lot would leach to the pond. He referred to the beach to the right (east) of the lot, which might be contaminated as it is 100 ' yards down from the lot ' in question. Mr. David corrected this by saying that the beach is 5 lots down from his. Mr. Bartlett continued by sayinq that the choliform count is already high at the beach, and more leaching into the pond will only make that worse. He strongly urged Board members to vote against the variances requested. Mr. Lawrence objected to the varaiances, because he is worried about the environment. He asked Mr. O'Hearn how much fill was required to fill in the proposed excavation and what would be done with the ex- cavated meterial. Mr. O'Hearn said that the excavated material would be hauled away and replaced with clean sand. Mr. O'Hearn continued, saying that there will be an �8 ' con- tour to the lot to where the top of the bank is. The flow diffusers will be 70 ' from the top of the bank. Conservation will take jurisdict- ion in this matter. They can determine the edge of the wetland by desig- nating it to be the top of the bank or at the 10' contour. An adjustment to the water table takes into consideration a 100-year storm. Mr. O' Hearn noted that monitor wells close to a body of sea water rarely fluctuate in level the way inland monitoring wells do, which shows the water table to be very constant in this area. He added that he was fairly certain that this design would constitute one of the soundest sanitary designs in the immediate area. He also said that statistically, there would be water at the 10 ' mark from time to time. Dr. Nobili, whose letter was read into the minutes [partially] was present at the meeting. He reminded the Board that regulations were put into effect for a reason and said that they should abide by them. He pointed out the hiqh number of variances being requested. He reit- erated his concerns regarding an outbreak of hepatitis due to contamina- tion of pond water. Many years ago, this lot had been tested by Sweetser Engineer- ing under the auspices of Dale Karnes, then Health Agent for the Town and it had passed all preliminary tests. It had been sold to Mr. and Mrs. David as buildable. Mr. Karnes wrote in a letter that it was suit- I (baz�on �0�3 pa¢za�sqE eqssn� 'zQ) I �uasqK i 'uia�s� T 'oN T 'sa� Z :a�on �� QNOJ3S (zaz�iuK�S 'sW) •panosdda aq pa�sanbaz sE i sa�uaiaen aq� �u�TM dn a�oo saq aq sjesodozd �� aK� P�p 'PzEog aq} o� pa�uasazd saq us�aH2O '=W �pq� E�EP buzzaautbua aq� uo paseq '�eqy (n2a�ooaQ •sW) �NOISOW •za}aM aq� mos3 �EMP aq pjnoM Moi; }so� �S�T�Si�E�S �Qgd�� uo pasaq �nq �puod aq� o�ur burusnT; a�os anaq pjnoM paod aq� o� asoT� �oj �uE �eq� �qbnou� ag •uoi�ntTod �va� -z;iubis ou aq pjnoM a�aq� d�s o� a}e�isaq �ou pTnoM ag •uoiutdo stq ar uOT�ETTE�S�T ma�sds �z}das aq� 30 �jnsaz e sa abeMas asnoq �q puoa suijTog 3o UOi�2�T�E�UOJ ou aq pjnoM azaq� �aq� paMone useaH2O 'zW �uET3E�iU25 pasa�sibas pua io�an�ns puai paza�srbaz 'zaauibua jTAT� e sy •a�seM uE�nq uaq� puod pua aZqa� �a��M ay� o} sa�ez�iu asow buZppa aze sTe�twaq� pue siaziTi�za; u�n2Z �aq� a�� -t�sa pTnoM aq �sasnoq buizoqqbiau aq� 3o sc�,eT ysnt aq} buiaas ui �aq} pa�uaunuo� osja ag •Z 3o zo��e; d�a3as e o} 6utq�eaZ TTa �;z�nd pjnoqs yotqM 'puaT�aM aq; oa , 05 puodaq ZZaM bazutawas 'sase� }so� ui spze -pae�s 5 aT�zy spaa�xa ma}sds aq� �eq� pa�ou ag •ase� siq� ui puod aq� woi; �pME aq pZnoM �vawano� ;2q� 's;zeq� MoT3 abaMas �Qgd�� uo paseq �eq� pias u32aH,0 '�W 'asuodsaz uI •paoa suiTjo3 o�ut MoT3 abeMas oa aq pjnoM a3au} �eq� sa�uE�nsse �o; vieaH2O '=W PaXsa eqszn� •zQ •�unoo�a o�ut uaxa; �ou azaM saaueizen pue '�oj aq� ;o iau�oa •g•N aq� uo auop sEM asiwa3d siy� 30; bat�say •szea� oM� 30; ptjen uiewa� pjnoM �twiad e �Eq� pue 'sayauaz� butq�eaT zo; ajqe 3AI3 39�d 686Z '9 �EW '6ut�aaW ;o sa�nutW 'HZTd3H 30 Q��OS ' � . - . r i � O�PLOM�TE AwE1�iC�N lO�AD 6LUR0� IMMUMOlOOY CONRAD NOBiII, M. D. r[�IOW �MERK�N AC�DCM� Or �LL[FG�� p� M�MCOCM COUA��OV�NC�,M� Of�6p j t[IIOW AMEA�C�N COLLCOE Of I��ER6♦ >i lfW�S !�� RO/�C.��ANN19.MI. OLCO� I �EIIOM' AMEN�C�N COLICGC O� CMES� Ory�S�C��NS _ i H2-9�u �9D-qu � • �� ,� � �h.• .C'�h.�.�-c.0 i��-v , � S /'•'� ,�� - ��- � � ,-� �`'�.�. � �� ; /dr.�.o� o� �a�e.- ,�a �., /�,T �%_ " � �P_C�'+'/�iX% �4�1 �.�. �i7'.eJ`lOG�T.4; �Y''�� o�G�Z, �- � ��u��1" , � � ��- �� l� , �- t� y� _� ,� 7��- � �.�� -- � �� '-�� y�-u- �- �� ,�.�-��d� ,� .� �.�`v� .c..�L��o. � �� . �� - � �� -�c�i-�s� � -�b-�-� -�� lJ�a.��, rt.t.C,e.� _..c.o �!�� r..�-C�. �� ' � j nl D Di ��ix.C�" �r� �--i�L�n --l�4 a[.C.L �[-c.s�--r e��. ��fi�-� /GG[. �-C� / � s.�� „ QL't-ti��'�- ��.cc_�'`^ r��.,� � � �� w/6 �ti� � �-�, �� ;�' �� %�-, , ,�� ' CONRAD NOBILI. M. D. � � �� /� � k� , � (.�„[,.� � , � �� f� . �:��-�-z .�� _ . � �-�e,. Y��L i,�`..,� ��. `r� a�-�- �� 1�•� � f� �l � �-� .�....�.� ,�S-�°�� ,� i �� Hl�`��,.waC �.�.� �-a., -�c-c- � � .�-.� ��:�-rCy . fr� .� .�.�� h�� •u-�,� .�. �z�7`s.c� ,�'� . ��7 // � Qo ya.u, ��.v �iL`�'s„�. �`�-.u-� a-�L .,�' �c.o , _� a '� t�c,�-s� �.v4� �-cr�-e�G .�1� f s�c-c. �a � - � ; r�� D�� - ��.-� . �� G�'� . - � i �-� ��t, � �� `� ' � �� °� �-� -��-`-'`� � ,�- - ,, � ' � �� ,� � . -,,,�; . . �� .�.�.. . ✓� �� ; �� , � �� .�. �� , - �� -.� � � � � � /�"' � �� e��. .—�.d �.r-�l?��`'s�}�� -� ��\ l'll-�—�-� � .�ii �ec.,E� f . �� :� v�� a.�- �w 7-� a-r�--�- . - � �i C�`'v��d%�%�-+�1, y2Ti_ ��'1-r-c-a� '�s-�L�L-, e�`u� 7!� �� `vt.�� r� �-�-[� /� �r.a "7/-c� d—�c_ — �� , �'�- �-f-.�.� . � �c �� . . ' - CONRAD NOBILI. M. D i i �� .�.� �-�-�-�-� �.. � � � ••�-c.r. ' , ',�.� et,o t.,� I 4l.t�ti ..t.�.c- �S� aR..� c� `[J-� � �'c.. �.�.� ��.� � �—,� 7�e��" c.� .l� ��-�k � ��v �u�ry�-G •�--��-�a. _ ,/� -�-c�..c� � / ' `�,L 40 ; �'� ��r,. ��- �D�` � � I . - ��°� , �``'`�' �1 � ��; � a--�-�.� � �.� �s-� � � � � t�� 3 e�-u�� • J . u-[-[-� `�,L - �l�t—e--�wi C � y �� .C' -'� �� r` � � f r� �� C � �i�� l�,/4n �IE�� \ / �� ' . - � . ` \ /7.�., �;�;� �-c- _�� . \ �-�--L �� • �� 7 � Q� _ / j��-�` �� , . �'��' , � � �y,eo ,�r �,— �s�u,�,- .� a ,e�r .s � �3 0� �'o,�; oa� 0 8 y�,�rto�r,.,r ,�o ,e - `'��,'1-'. T'`c , � ,2 �� :R i I ; A1Dert Lawrmce j b9 lbcomber Dr, � 8�r16outhport, Ma. 02675 i � � I April 27, 1985 I Mr. Bruce Mui'P�V, RS. MPH Hea1tL Agent, Town of Yermouth Re: Heariag Lot J-3 Merchant Ave. 5/6/85 Dear Sir: As I will be out of trnm When this hearing is to teke place, please coasider this letter as a formal ob�ection to the proposed application for variance approval. I feel that the threat of contaaination Yrom sewerage poses an environmental bazard. Sin� 9ours, r Albert Lawrence �_�� A:./lb /' \ �' � � �� . \ � � � , , . , � � '� ►, ��. ht�.� o� �e�( �' tV f,�� — � ; ; �� ' ' �-. ; �.�. �l.��u� e� i ` i `�.�0 � sws�.�.Q. t1�4�.iL�.�f-4-:. 1��-u�a�"s�d ; ; � �')U�.• /�pQ�fu� ��.�cil , -eo-�F 1`� � �l fhcl�h.�c�-' ' ICt,�- - l��''"n°�2 • i �� o-2j�.c�- ��x.u.et.�...1�,� .�v ��. �°''�"� ' I �- ��. v�a�.�a.-�-�h� .,�-�c�, .x�.� �o�- : �l.a, s� v►��.n.� a2��w.�.c.�.�o �ece�,��,�.�, t� t� � �i�'-Q- ��.�.. a,xet. N.o-c�ho. "��`'`�."'`�' i �� ...Q�.x.� S.uJrh � � Fo-Q�%wo f3 z�.�. .,�:4 so ��}yh�� A . �� l" " _ .� � �ny.c,�jG/ � �"`��, � vn�-a.�.C�d� �1tk.F' �_ �''�%'��rn.� �-�.� �-o�f' �.a c,�,2�� -Pa�ss t�2�. �c.�.g,wQ�-� -t� a,� w4/►.� �- �e�,c� � �.�-2��•,0 ; �.e�4.c�,M1.. �� 4tiati ee-d,� a�x,�C Rti�,�tQ� . � �o -�►.rr� � ►'►Lf�� d.�-' a9Q, ��f- ,a,�� T�-' �tQ� v►•-�.c-�F'..P,�� adl�4.i.s.� �"v ' ..iM, �,��d-u-e-�i- �.a-�.t�d. _T..� pa.��/t. �e}f- �o o�,a,�cc�c._ 7�- s.�.d��, a�-�.�.t�� , a�n.�- -C'�c.lY.nti. -t�' rn,��-@�,�.Q� �d/u.�,x,c� d�� h.�� --6.�,�� a� a� �Q-au.a.� c�� °-�a.�� .��Y.►.��- -Q f,t.� »� �,.�� .�.�. -� � �� . .�� .., . C+ � ` � l � I I (.(J� .��/teM,�r.� �� Q � ��.��, - 1' , I � � ,,a.u.�.i(.. ✓'�Uu d�G4-aJ� j �' i l.()� 4.�.�r''�- � �dYn.� Dv� 1�6�Q.�.�4„ �� , .��-,-�, -�-�-��' ��-a- -e�-d� � .� � I � �, I �-'J , �ta�. 63a�� a Y a�.n,�-,c�� a„�.� , v�.� i � ; CHARLES RAY WEIDMAN ATTORNEY AT LAW Y7B M�ir� i*�[[r CM�TM�M.MA 030]! � I � � 16171��5�27l2 �I � May 6, 1985 I � Board of Health Town of Yarmouth ll46 Route 28 i Soirth Yermouth, Ma. 02664 � Re: Robert David � Application for Variance from State Environmental Code Title 5 and/or from the Town of Yarmouth Amendments to Title 5 Dear Members of the Board of Health: I I represent Elinor Gordon, an abutter of the above-named applicant. � Please be advised that Miss Gordon objects to the granting of the requested variances and wishes to have her objections noted in the record. The principal grounds for such objection is that the lot contains sub-stand- ard grade, sub-soil, and drainage conditions which are plainly circumscribed by the Code as unbuildable. Further, any installation and use of the propased septic system would constitute an unreasonable encroachment upon the use and enjoyment ,;;� of the property of abutters, which could endanger the public health by permitting , 1�. ' � leaching and overflow on to the abutters' property. �j � �t-�� 1,� , � The land proposed for variance was originally filled illegall by Joseph �,91�) � Merchant, the original developer of Weir Mill Village, which ac n merely com- � ,� pounded tfie originai and continuing sub-standard drainage and soil conditions. /U`� �� G r a n t i n g t h e r e q u e s t e d v a r i a n c e w o u l d v i o l a t e t h e s p i r i t a n d i n t e n t as we ll as ('� the letter of the Code and/or the Town of Yarmouth amendments to the Code. ��` We urge the Board to deny these variance requests. \-' �� Very truly yours, �. :_!7 f �J� ' Elinor Gordon 1%�� '� ; i F' By Her Attorney, � Charles Ray Weidman _� ' , � S IC' �-_� � - � � � �n i , / ( �/ ' II `.r l�c_f�.- }�j�i�_ �j`-� ol�'JR_� J l �"✓' � � �:..F C �/ C' 1 � �� . f"Y..F� �l fC C.�