09/02/1993 BOARD OF HEALTH Minutes

Home Browse Search

MINUTES September 2, 1993 2 BOARD OF HEALTH 4b 5. ) "Oak Groves" preliminary subdivision plan - Mr. Ron McGaffigan was in attendance to discuss the proposed subdivi- sion. Mr. McQuaid relayed, "At last week's meeting this Board voted to deny the subdivision plan based on pending litiga- tion and zoning requirements. " "Mr. McGaffigan requested a letter to that effect as he would be attending a Planning Board meeting." "I informed Mr. McGaffigan the Board cannot deny a plan based on pending litigation, which we have no evidence of and plans cannot be denied based on zoning re- quirements. " "The lot size at the time of filing was 40 ,000 square feet. " "According to the Building Inspector the pro- posed cluster development does meet the two acre zoning re- quirements that existed at the time. " Mr. McGaffigan relayed, "The definitive plan of this ! subdivision was filed many years ago for protection under the zoning at that time." "It was based on a case history and was cited to Town Counsel and the Planning Board however, it was still turned down." "We returned to the Planning Board with a reduced cluster subdivision. " "The Planning Board would not approve plans as Town Counsel had said not to ap- prove it due to zoning regulations. " "The Planning Board then informed me I must obtain Board of Health approval prior 4b to their approval. " ! Mr. Greelish stated, "I will not change my vote until we receive comment from the Building Inspector. " Mr. Greelish motioned to reconsider the Board's decision of August 26, 1993 to deny plans presented for the "Oak Groves" subdivision pending written verification from the Building Inspector that plans meets current zoning require- ments, once received the Board will again review plans and render a decision, Mr. Doherty seconded. I APPOINTMENT: Cape & Islands - 59 Neshobe Road Mr. John Slavinsky was in attendance for this scheduled appointment. There were no abutters in attendance. Mr. Slavinsky presented certified mail receipts to the Board and relayed, "The lot was created in the late 19701's early 19801's. " "The owner is requesting a 27' local variance from abutting well , ( #65) , to the proposed on-site leaching facility and a 32' local variance from abutting well, ( #53) , to the proposed on-site leaching facility. " Mr. Greelish motioned to grant the local variances as stated by Mr. Slavinsky, Mr. Doherty seconded.