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MINUTES May 4, 1995 4 BOARD OF HEALTH <br /> 2.) Mr. Cram motioned to approve the minutes of April 27, 1995, Mr. Doherty <br /> seconded, all agreed. <br /> 5.) Increase in living space decision, 47 Riverside Road - Mr. & Mrs. O'Malley- <br /> Keyes were in attendance. <br /> Mr. Doherty relayed, "The fact that the garage/barn is insulated, heated with <br /> possible air conditioning or not it is considered possible living space." "If in the future <br /> your business folds and you turn it into a bedroom that's where the definition of living <br /> space comes into play." "What your asking us to do we denied to everyone else." <br /> i <br /> Mr. Keyes stated, "We have no children and few relatives." "We have been <br /> working a business out of our house since 1986." "We have used all the rooms to <br /> accommodate the business." "When we elected to build this garage/barn we had every <br /> intention for using it for practical purposes." "It has never dawned on us to use this for <br /> living space." "The reason there is heat in there is because a friend of mine told me not to <br /> use electric strips, he would install a heating system for cheap." "As far as it being <br /> i <br /> insulated and so on that is for practical reasons." "We have operated our business for a <br /> long time." <br /> Mr. Doherty relayed, "You filed an application to build a garage/barn, went ahead <br /> with it." "You didn't require an updated septic system because it was not considered <br /> living space." <br /> Mr. McQuaid relayed, "In 1988 a notice was sent to the O'Malley-Keyes <br /> indicating there was excessive pumping of their cesspool." "That letter was returned to <br /> the Board of Health as non-deliverable." "In 1990 Mr. Evans sent another letter because <br /> there was continuing excessive pumping of the septic system." "There was no response to <br /> that." "This is a cesspool we are referring to." "Last December the O'Malley-Keyes went <br /> before Conservation for their garage proposal." "In my memo to Conservation it stated, <br /> "Excessive pumping of septic system indicates probable failure. Must be inspected by <br /> licensed pumper. No living space above the proposed garage/barn is permitted"." "We <br /> then received a copy of an inspection of the septic system by a plumber, who is not a <br /> license pumper, indicating the cesspool appears to be functioning properly." "In response <br /> to the plumber's inspection I sent a memo to the Conservation Commission indicating the <br /> inspection revealed that the cesspool is apparently functioning properly." "The proposed <br /> garage/barn cannot be considered an increase in habitable space therefore, the Board of <br /> Health cannot at this point require a septic system upgrade since the cesspool is apparently <br /> functioning correctly." "The O'Malley-Keyes then went to the Board of Appeals, we have <br /> a copy of the decision, which again states that there will be no living quarters in the <br />