HomeMy WebLinkAboutPortion of BOH Meeting Minutes Mr. Murphy infor.med the board that the next item to come before them had to 0
with a variance request for new construction, stating that in such cases this
i - � had to go before the board for a formal hearing. The location of the variance
request being Parsonage Point Road in Yarmouth. Mr. Murahy stated that the
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problem was the ta e says the system must i�e SO feet from a watercourse and
the Town Amendments say 100 feet, and furthermore, the variance involved a
steep sTope leading do�n to a watercourse (Elisha Pond). Mr. Murphy's re-
commendation was to have a hydrologist state, in writing, that there would
be no adverse_effects to the watercourse if a variance were to be granted, as
he did not have the expertise_nor background to determine possible adverse ef-
fects to the watercourse, should a variance of 25 feet be granted. He added
that, he would like to see this a policy adoated by the Board of Health. He
felt that the owners of such lots should be rc�uired to vrove; through a hy-
dr.ologist, that no adverse effects would occur.t
Dr. Gursha asked if he had any idea as- to the cost involv�d ;in hiring a hydro-
. logist. Mr. .Murphy replied that he could not get a set figure. Dr. Gursha ,
then asked Just how specific the board was going to be, as he did not want to
imqose excess expenses upon an owner od such aroqerty, or make it prohibitive.
He asked Mr. Murphy if he would.be satisfied witfi such a policy that recommended
a hydrologist be consulted. Mr. Murphy stated, yes. Dr. Gursk�a then asked
what he would request for the item on tonight's agenda_, and Mr. Murphy ex- -
plained that a decision could not be.made tonight as it still had to go be- :
fore Conservation and Engineering for their sign--oFf first, and, that he had
been aromised by the Engineer involved, C.R. Short, that plans would.be sub-
mitted to the Health DeQartment Office prior to tonight's meeting, but that
nothing had been submitted as yet. Mr. Muruhy exqlained that he had aut this
item on the agenda on the basis of receiving the plans as aromised. �
Dr. Fine felt as though the board did not have enough information to go on,
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and the subJect should be tabled until such time as comalete information is
submitted. He also suggested, as did Mrs. Rmbrose, that perhaqs the. board
could meet with a registered hydrologist to discuss Mr. Murphy's request for
policy.
Mrs. Robinson stated that she felt the burden of proof should be. the res�onsibi-
lity of the owner that no harm would be done to the abutting watercourse, of
which the board was in agreement.
The owner of the lot in question, Mrs. Walsh, was introduced to the board, and
stated that she had contacted her engineer, Mr. Crowell, (works for C.R. Short)
on November 5, 1980, and told him that she was to be on tonight's agenda. She
told the board that at present she and her family are living in a cottage, and
that it is becoming quite costly. Mr. Murphy told her that the engineer had
promised him that the qlans and request for a variance would be. submitted in
time for tonight's meeting, but he had.not received them as yet. He also explained
to her.. that the Engineering and Conservation Deqartments must first sign-off be-
fore t�e Health Department.
Mrs. Walsh stated that she was informed that the first step was the Health De-
oartment sign-off, adding that two months time had already elavsed and,again,
stating that this was becoming very costly for her, what with all the delays.
She informed the board that she intended to call her engineer as soon as she re-
turned home tonight.
`' Mrs. Robinson informed Mrs. Walsh that the board's next meeting was to be on
November 17, 1980, and suggested to Mrs. Walsh that, as a board they felt the
burden of proof should be the resnonsibility of the owner in requesting a vari-
ance from the 100 foot set-back requirements, stating that it will not be de-
trimental to the adJoining �vatercourse.
Mr. Murphy asked Mrs. Walsh to have her engineer contact him and he would ex-
plain to him. Mrs. Robinson told Mrs. Walsh that it would be scheduled on the .
November 17th meeting if all pZans were submitted and everything was in order.
Mrs. Walsh thanked the board and aoologized for her engineer not having the re-
quested information in on time for tonight's meeting._
Mr. Murphy informed the board of the changes he had made in the step procedures
. necessary to• obtain a permit. He told tMe board that areviously plans had come
, to him for sign-off and then went to Engineering and Conservation. The problem
being that quite often, Conservation would end up by changing the plans, etc.
This was the reason why I requested that the Health Department be the last step
when applying for a permit. •
Dr. Fine felt this steq arocedure should be made oublic to let everyone become
aware of it. Mr. Murphy explained that a memo was sent to the Executive Secre-
tary,and to the Building and Engineering Departments, and was qosted on the bul-
letin boards.
Dr. .Fine stated that if a qolicy is set up regarding steq procedures, the board
should not act on any policy involving other departments without first obtaining
their feed-back and in-put; and not without their_knowledge. Mr. Murphy renlied
that he would again contact the departments involved. It was also suggested that
perhaas the steo procedures should be given out by the Building Department, as.
this is usually the first stea taken when applying for any permit re; building. '
Dr. Gursha requested aolicy qrocedures from other towns, to which Mr. Murnhy re-
. alied that he would obtain this information from Dennis.
Mr. Murphy introduced the next item on the agenda involving a variance request
' for renair to an existing system, asking for a variance from the required 100'