HomeMy WebLinkAbout1984 Oct 15 - Section of BOH Minutes, :�'
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� �"��a�`�`5� BOARD OF HEALTH �,
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�l��+I��F�TING - 10/15/84 -
MEMBERS PRESED?T: Vice-C'^airman Virginia Robinson, Dr. Harold Gursha, , I�
Mr. Leo Decoteau, Mr_ Herbert Schnitzer ` '
MEMBERS ABSErTT: Chairman Gerald Garnick ;
�1LS0 PRESEIvT: Bruce Murphy, Health Agent �
David Dum�s: �'ousing Inspector r
Carol Ziokowski , Recordina Secretary ° i
Thomas 0' Connell, owner, Units 1 & 2 , 95 Tr7imbledon Dr.
Timothy Lovelette, Rental Agent
Alan Cavanauah, abuttor to above '
Lt. Shallow, Yarmouth Police Department ��
Mary Embree, Neiahbor '
Barbara Dorey, V�lilliams Road
Shirley Mendosa, Wimbledon Drive ,,�
Mr. & Mrs. Larry Peterson, Trustee, Sterling Realty Tr.
4�)illiam ti7eller, t�Teller & L�ow ' ;�
Albert Paul, ?�.buttor to above
Margaret Donague, Abuttor to above °
Thomas O' Leary, purcraser, Yeoman ' s Bow ��
Mr. Dillon, Realtor (above) °��
� Donald Carey, Director, Consumer Assistance Council , Inc.~
Catherine Carney, Yarmouth Volunteer
Larry Stearns , Yarmouth Volunteer
Donald Paulson , Yarmouth Volunteer
Judy Johnson, Regional Director, Cape Cod Nursing Group
Carol Langlais , Field Regresentative , C.C_rT.G.
Eileen n�cCook, Director, Visiting Nurse Association
. Cindy i3aker, Town House Programs , V.N.A.
Wayne Baker, Cne Hour Quality Photo
Richzr� Gregory , One Your Qual.ity Photo
Actina Chairman Virginia P.obinson called the meetir.g to o:�er at
7 :04 P.M.
I . Approval of Minutes : Boarc of_ i�ealth Meeting: October 1 , 19$4
MOTION: (Dr. Gursl-�a) That the minutes (of 10/1%84) be accepted with
the correction of the c�.ate as presentec.
(Mr. Decoteau) SECC�TD
Vote : 3 Yes , 0 No, 1 Abstain, 1 Absent
(Mrs . Robinson abstained.)
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II . Discussion: 95 ?�Timblec�on Drive, 4'. Yarmouth , t?nits 1-2-3-�
Town of Yarmouth Rental By-Law, Chapter 108
� Mr. O' Connell , owner of Urlits 1 & 2 was preser:t , as was his rental
agent , Timothy Lovelette. �Owner of Units 3 & 4 , l�r. McCarthy, was
not present or represented. '
Mr. Murpny told the Board that this is a house with two separate '
owners of duplexes . An investigation report included in this week' s
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BOARD OF HEALTH, Minutes of Meeting, October 1 , 1984 PAGE FIVE
It was clarified that there is more than one building at 95
Wimbledon Drive and that the unit owned by Mr. Lowrey has not been
a problem-
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Mr., Cavanaugh gave Mrs . Robinson a petition signed by 34 Yarmouth
', � Residents , which read as follows :
"Oct. 15 , 1984
We, the undersigned, wish to commend the Board of Health of the
' Town of Yarmouth for its action in scheduling a hearing on the above
date at 7 :00 P.M. at Town Hall the purpose of which is to discuss .
violations of the Town ' s Housing and Space-Use .By-Law, Chapter 108. •
We respectfully request and petition that, at this meeting, your
board clarify for the public manner and standards by which enforee-
ment of this by-law is achieved. We feel strongly that this action
is directly related to the future, peace, comfort, and enjoyment of
property not only for us but also for future citizens and guest of
the Town of Yarmouth. " (34 signatures follow)
Original petition on file with the Board of Health.
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� The Petersons are seeking a six month extension for the variance
which was obtained last year. The property is still not signed o��er
in their name from Ronald Rudnick. The sewage permit was issued on
April 11, 1983 for lot 3 and the system installed on December 6 , 1983 .
It was required that the system go into use , by law, which it has
, not, in order for the variance to still be good.
The foundation has been poured, but the house is not being built
as yet. rqr. Peterson explained they had experienced sorae setbacks to
1✓ obtaining a clear title to the house, because of the right of way sit-
uation. They have been going through a court case, but had not ex-
pected the procedure to take two years. They hope to pass, papers in
the next three days to a week. It will take about 6 months to build
the house.
Mr. Weller was present to testify to the installation of the system
and that fact that it was in the ground but not yet in use. There are
as built plans for the septic system. A letter dated September 16,
confirmed the facts provided by Mr. Weller concerning the design and
installation of the septic system.
Albert Paul, an abuttor at 1 Sandpiper Lane, told the Board that
he and 6 other abuttors paid $200 apiece for legal services for the
procedure to remove sand which had been dumped in the road during pre-
construction of this lot. He wished to have precise assurance that the
house will be completed in six months .
The first variance and septic system permit were issued in the
name of Larry Peterson of Sterling Trust, rather than the current owner
of record at that time.
Mr. Paul repeated his fears of having a half built house. NIr.
Peterson said the bank would not go along without the deed being held
� in escrow, which it is . Margaret Donahue, whose daughter is an abuttor,
� said that the road is cleared and her daughter wants them to hurry and
finish the house.
� BDARD OF HEALTH, Minutes of Meeting, October 15, 1984 PAGE SIX
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IV. Discussion: T.0'Leary's [Yeoman' s Bow] - Route 28, .South Yarmouth
Subsurface Sewage Disposal System, Title 5
This restaurant was formerly the Sportsman' s Pub and then .the Yeo- ,
man' s Bow. There are no formal plans of the septic system, and only a
sketch of repairs done in 1973. Mr. Murphy said he knew the establish-
ment did not have an adequate septic system. Mr. O'Leary is buying
the property. .
Mr. 0'Leary told Board Members that he understood that there had
never been a problem with the septic system. If a problem should occur,
he said he would be willing to fix it. Therefore, he had no idea why
he had been required to come to a hearing.
The seating capacity had been 139, it has since been cut down
to 110. Mr. O'Leary said he did not understand why, since someone had
come into his place and said the seating capacity would be 115 . It was
clarified that seating capacity was based on square footage by the
Building Inspector. '
There is no outside grease trap nor septic tank. There are merely 3
leaching basins. Mr. O' Leary has applied for a Food Service Permit,
a Common Victuallers License and a Li uor License. �
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Mr. Murphy suggested that Mr. O' Leary be allowed to open with all
� his licenses, but that an appropriate Title S plan be designed and ready
to be installed should failure occur.
Mr. 0'Leary objected that he was currently rennavating the entire
restaurant and he could not afford to draw up engineered plans. He
would be willing to repair the system should it break down in the future.
He then asked if he would be denied opening, if the plans were not
drawn. He objected that he was being singled out among businessmen on ',
Route 28 , in being made to comply with Title 5 requirements. ;
The area around the restaurant has a history of high ground water.
Mr. Murphy agreed that the present system could be immersed in the
ground water right now. He suggested that the system be examined by
Mr. O' Leary' s engineer, and have him draw up an as built plan. At that
time, Mr. Murphy would inspect the system. There is probably enough
land available to install a system up to Title 5 standards .
If the system is currently functioning, Mrs . Robinson suggested that
it may be functioning because it is spilling over into the water table.
The establishment has been run for many years as a bar; this will be
the largest food service it has seen in some years and the system will
most likely not be able to handle the extra flow. Lack of a grease
trap is even more likely to result in system failure, and T�Irs. Robinson
repeated that she wished the system to be opened up and evaluated.
The Health Agent wauld then inspect the system, and a plan would then
� have to be drawn up to bring the system up to code. This inspection
should take place prior to opening the restaurant.
Mr. 0'Leary reminded the Board that if Mr. Schriver still owned
the restaurant, he would be open, without having to make any changes
in the septic system or drawing up new plans.