12/15/1993 BOARD OF HEALTH Minutes

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y MINUTES December 16 , 1993 4 BOARD OF HEALTH to be looked at in a context of it owns facts. " "In my opin- ion, there is no liability on the Boards' part. " "I take ex- ception to that. " Mr. McQuaid stated, "If granting this variance allows Mr. McDonald to build we are granting a variance to a regula- tion which we feel is in the best interest of the public health and now we are setting that general mandate of this Board to look after the public health in favor of an indi- vidual property owner. " Attorney Joyce responded, "I agree to that to a certain extent however, the last two hearings we had a engineer tes- tify that this system and this lot provides the same degree on environmental protection as any other lot without the re- quired variances. " "We have met the standard. " Mr. Ball motioned to deny without prejudice the vari- ances requested, this denial is based upon plans drawn by Mr. Arne Ojala dated August 18, 1993 with final revision date of December 14, 19931 Mr. Doherty seconded. Mr. McQuaid stated he will consult with D.E.P. . Attorney Joyce requested a written decision of the de- nial. APPOINTMENT. Eagle Surveying - 31 , 37 Nobska Road and 53 Tobisset Street Mr. Roger Michniewicz, P.E. , Mr. Craig Weeden, Job Su- pervisor and Mr. James Reagen, abutter, were in attendance for this scheduled hearing. 31 Nobska Road (lot #39) - Mr. Doherty questioned the pro- posed well location. Mr. Michniewicz relayed, "Due to the bordering vegetated weltands location and the abutting septic and well locations we were forced to create a permanent easement on #37 Nobska Road to accommodate the well which will service house #31 Nobska Road. " "House #37 will have two wells on the lot, one servicing #31 and one servicing #37 . " "The necessary documents will be prepared and recorded at the Registry of Deeds. " "Even with the easement, local variances from abut- ting well and septic locations are necessitated. " Mr. McQuaid stated, "In my opinion, the easement does not create a problem, as long as, the proper documents are filed at the Registry of Deeds. " Mr. Reagen questioned the build-ability of the lot.