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March 3 ,, -1986 Minutes,, Meeting
<br /> Page 4
<br /> Continuation of a earance of Atty.. Morris Kir .sn r.
<br /> check with DE( E to see what the situation was from their anti--
<br /> ular point of view, and. ah, I for some time had the knowledge
<br /> of the fact that no variances can be given by any local .Board, Hlth
<br /> which would- tend to vary the minimum requirements of 100 ' , which
<br /> is a state Law. I think ,the laws of the Town of lash? ee is 1501 ,
<br /> CHL: "The State- Law i s 100 . "
<br /> Mr, Kirsner: "The state Law is 100 ' , as I understand it. "
<br /> CHL: "That' s right that' s why they all have to go back to DE E . "
<br /> Mr. it ner: "Let me just finish,and, ah, that no authority, there ' s
<br /> no authority to vary that, that has to be done through DE( E, before
<br /> any variance can be granted by this Board, " "That ' s step number 1 . "
<br /> "Sten number 2 is this, first of all you've got to accept this fact,
<br /> that I 'm a very neighborly guy and I 'm not out to hurt anyone, on
<br /> the other hand, I' don ' t want to e . adversely affected, ah, the fact
<br /> is that DE(, E is not ahsol.utelr* certain at to whether, or not, you
<br /> can vary the side lime, the rear lime requirements insofar -as the
<br /> location of a septic tank or .installation, because a septic tank,
<br /> whether it be above the ground or, elowA the ground is a structure
<br /> And a structure, according to the zoning y-laws, so far as the,
<br /> rear- is concerned, has to be a minimum of 15 ' from the rear- side-
<br /> line - and
<br /> ide-
<br /> 1ine - and 15 ' from the rear line and 15 ' from the sideline, again
<br /> no abutters are notified on this particular point of view and the
<br /> next thing I know is when I happened to just go by my house, he-
<br /> cause I had another meeting, and I wanted to see how ,everything
<br /> was, I went. out in the hack yard (God Bless You) as I see this tank,
<br /> this septic tank, three feet from any boundary line, .it ' s an area
<br /> of land which I 've had for many gears, which I use in a very very
<br /> active 'fashion, as a lack yard for other purposes, and I frankly
<br /> felt that due respect to this Board, whom I regard very highly,
<br /> that the Board . did not act ,in the hest interest of abutting property
<br /> owners, and that' s the purpose- of -my being here today. Ah, I have
<br /> no personal attack upon the ollins 'es because obviously they relied
<br /> upon whoever prepared this plan and set the septic system, but, ah,
<br /> my feeling is that the interest of an .-abutter were not protected
<br /> and the interest of the applicant were totally given and probably
<br /> without right. "
<br /> CHL : "Well we 've got a failing system them if I 'm correct, is
<br /> -that a failing system "
<br /> LCA.: "These people wanted to update their system, what they have
<br /> now in the ground is a holding tank and a leaching, which is far
<br /> superior to what they had before. "
<br /> CHL: "Had before, which was a cesspool, we felt we protected the
<br /> people, with what we did here, more than what they had in the ground,
<br /> or anybody else around there had, alright. If you have a cesspool
<br /> it isn' t up to Titie ,v, alright, and most of the older ones are
<br /> failing, we 'd rather upgrade it than ha\re a failing system that ' s
<br /> being pumped and conceivable leaching into the ground all over
<br /> everybody' s yard.
<br /> Mr. Kirsner: "I think your point is extremely well taken, except
<br /> a limit to which you- should have gone is to put that septic tarn
<br /> exactly where the cesspool was, and not bring it in closed to ex-
<br /> isting wells. "
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