HomeMy WebLinkAbout1982 Jul 01 - Letter from Atty. Richard Anderson F n`.
�
1 �
?
. �r�,'� ��j
l. . �e/ � � �ii
FERN, ANDERSON, DONAHUE, JONES & SABATT, P_ A '-�"'`��� � >��;�M
ATTORNEYS AT LAW
DANIEL J. FEpN � . P. 0. BOX 51B
fZICHARD C. ANDERSON 43E MHIN STfIEET
ROBEHT J. DONqNUE HYAHNI5� MASSACXU9CTT9 �2601
STEPMEN C. JONES
AREN COOE 61J 775-5625
CHARLES M. $f�BI�TT
July 1, 1982
Board of Health
Town of Yarmouth
Town Offices
Route 28
South Yarmouth, MA 02664
Attn: Bruce MurAhv, Health Aqent
Dear Mr. Murphy:
I have just this moment been contacted by Mr. and
Mrs. Horace Gordon of Villanova, Pennsylvania, who are the
owners of parcel J-12 Merchant Avenue, Yarmouth, Mass. ,
which abuts lot J-13 owned by Robert David, who has made
application to the Board of Health, requesting eight separate
variances from the State Environmental Code: Title V and
the Town of Yarmouth amendments thereto.
It will be impossible for me to appear at the vari-
ance hearing on July 6, 1982, and therefore I am writing this
letter to express the stro�ng opposition of the Gordons to the
granting of the aforementioned variances.
I will not have an opportunity to investigate into
this matter with any degree of specificity, but it appears
obvious that if a lot owner requires eight separate and dis-
tinct variances to place a Subsurface Sewage Disposal System
on his lot, that such a system does not belong thereon.
In the "purpose'" section of Tit1e V it is stated
that ' "Title V of the Massachusetts State Environmental Code
has been promulgated to provide minimum standards for the
protection of public health and the environment when circum-
stances require the use of individual systems for the disposal
r
r -
Yarmouth Board of Health
July 1, 1982
Page 2
of sanitary sewage in areas where municipal sewage systems
are not accessible. " (emphasis added) The fact that the
Town of Yarmouth has adopted five amendments to Title V
which are more stringent than the minimum standards of Title
V, is a clear indication that the Town of Yarmouth has con-
cluded that there exists specific identifiable local condi-
tions which require more stringent regulations to protect
the public health and the environment.
Although not directly an item of consideration by
the Board of Health, I feel I should point out that Mrs.
Gordon has indicated to me that Mr. David was fully aware
of all of the limitations imposed upon his lot by Title V and
local regulations, at the time he purchased the lot.
Please record the opposition of Mr, and Mrs. Horace
Gordon to the granting of the above-mentioned variances re-
quested by Mr. David.
Since y
c d C. An e`�
RCA:esj
cc: Mr. & Mrs. Horace Gordon