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HomeMy WebLinkAbout1984 Oct 15 - Section of BOH Minutes, :�' � ,�°= ��.�� °�' � �� � � � ��� �� � �1 '�' � 's �;��;�� � � ____—�— ���-+ ��— � SC?UTH YARI�I�UTH ��iASSI'�CHUSEI'I-S 026b4 � ��i�':�`' �7• � �"��a�`�`5� BOARD OF HEALTH �, .�, �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.) . ; 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 ► 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- � 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. . . �. `P1"� � s , g� x3�t'b"'£I`�"� ��:+���.��.��sm�1T�u�s: ���..i'�5t1"�'� � 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 � � . � . � . �a . a � , _ _.. . _,:�- - _ n� .,_ _, .�s,.,�..�� �. . � � .�� � .��:�_� w,- � ,. _� � _ x�- 'SP11� V ., _.� >.� r ...., _ . ....� _ . _,_ -._,. � � � . _ __ -,_ , ) 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. � q 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.