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MINUTES October 13, 1994 3 BOARD OF HEALTH <br /> Mr. McQuaid relayed, "I questioned the Assessor's office to research who the <br /> owner of 47 Bayberry Drive is." "The owner was not Mr. Koury but Carl Davidson." <br /> "We have no proof that this person in fact, owns property in town." <br /> Mr. Doherty stated, "Mr. Kirby will be required to provide proof of residency." <br /> Mr. Doherty motioned to deny Mr. Koury's request for a transfer station/landfill <br /> residential sticker, Mr. Cram seconded, all agreed. <br /> APPOINTMENT: Harold Cohen - 99 Waterline Drive <br /> Mr. Cohen was in attendance for this scheduled appointment. <br /> Mr. McQuaid stated, "Last April Mr. Ben Gordon requested the Board determine <br /> whether the lot was buildable." "There were significant variances necessitated in order to <br /> render the lot buildable." "At the time, the Board did not render a decision but instead, <br /> informed Mr. Gordon they would research alternative technologies and perhaps reconsider <br /> the proposal of the septic system as proposed by the engineer at a later date." <br /> Mr. Cohen stated, "I am the owner of 99 Waterline Drive." "Mr. Gordon wanted <br /> to purchase the lot and at this time has a deposit which is being held by New Seabury." <br /> "Mr. Gordon determined, after consulting with this Board, that the lot was unbuildable." <br /> "New Seabury is holding the deposit, as one of the conditions of the purchase and sales <br /> was that the town must determine if the lot is unbuildable." "I understand that if the lot is <br /> unbuildable there is a procedure where the town buys it back." "I would like a <br /> determination somewhere as to whether the lot is buildable." "At the time Mr. Gordon <br /> appeared before the Board there had not been approval of a Bio-clere system." <br /> "Subsequently, when I spoke to Mr. McQuaid there was approval of a Bio-clere system <br /> on Bowsprit Road." <br /> Mr. Doherty explained, "Regarding the lot on Bowsprit Road, there was a <br /> difference of opinion as to the boundaries to the wetlands." "The fact that clouded the <br /> issues was a plant called phragmites." "Some of us believe it is migratory, some say the <br /> mere presence of it is a determination of the edge of the wetlands." "We did not quite <br /> agree with the determination that the edge of the phragmites was the edge of the wetland <br /> and therefore the Board at this particular instance granted a 1' or 2' variance of the 100' <br /> separation." "That is the only instance where we have granted a variance to the 100' <br /> separation to the wetlands area." "The plan before us this evening is requesting a 40' <br /> variance which is out of the question." "The Bio-clere units are a small treatment facility." <br /> "Unfortunately, there are very new and still experimental." "They must be approved not <br /> f <br /> a <br />