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MINUTES December 29, 1994 4 BOARD OF HEALTH <br /> Mr. Doherty motioned to approve the installation of a Bio-clere system at the <br /> applicants request, Mr. Cram seconded, all agreed. <br /> APPOINTMENT: Cape& Islands Engineering - Holland Mills <br /> Mr. John Slavinsky, P.E. was in attendance for this scheduled appointment. <br /> Mr. McQuaid relayed, "We denied plans for this subdivision as originally this area <br /> was deeded as open space." <br /> Mr. Slavinsky stated, "In order to submit a definitive plan we have to do a <br /> groundwater study." "In the zoning by-law the locations of the monitoring wells must be <br /> approved by the Board of Health." <br /> Mr. Cram motioned to approve preliminary plans for the location of four <br /> monitoring wells with the stipulation the applicant reapply for subdivision approval and <br /> resolve of the issue of open space with the Planning Board, Mr. Doherty seconded, all <br /> agreed." <br /> APPOINTMENT: George Benway, III - I 1 Bay Road <br /> Mr. Robert Raymond, P.E. and Mr. George Benway, III were in attendance for <br /> this scheduled appointment. <br /> Mr. Raymond relayed, "Mr. Benway would like to construct a single family two <br /> bedroom dwelling on Bay Road which is essentially a paper road." "The Conservation <br /> Commission does not want the road developed." "Mr. Benway, who is an equitable <br /> owner of this property has made a deposit on the property and is in the process of getting <br /> Ia deed to convey the property to him." "In order for the leaching facility to maintain 100' <br /> from the flagged vegetated wetland it must be placed in the paper street." "We are <br /> requesting a Board of Health variance to place the system within the confines of the road <br /> as shown on plans." "Mr. Benway has no intention of building his portion of the <br /> roadway." <br /> Mr. Ball stated, "I did visit the site a few days ago" and questioned if Mr. Benway <br /> has a deed which states he owns 12' into the road." <br /> I <br /> Mr. Benway responded, "We don't have it developed yet." "The Attorney who <br /> has researched it, Dick Dubin, assures me that we do own 12' into the road." "Part of the <br /> problem with the property is the complexity of the deed in that it goes back to 1913." <br />:i <br /> t. <br />