Minutes of Meeting
November 4, 2002
A meeting of the Sharon Board of Health was called to order at 7:40 P.M. on Monday evening, November 4, 2002, in the Sharon Town Offices with the following members in attendance: Chairman Andrew Stead, Vice-Chair Susan Peck, and Elizabeth Barnett, M.D. Also present was Jim Andrews, Health Agent for Engineering. It was noted that Mary Tobin had submitted her resignation from the Board.
Variance Hearing - 140 Maskwonicut Street
Atty. Gregory McGregor of McGregor and Associates presented variance requests for the property at 140 Maskwonicut Street on behalf of property owners Linda and Peter Dangelo, who were also present. The 3 variances requested are from Article 7...for setbacks from streeet and side property line, and for reduction in the separation between primary and reserve systems.....no variances are requested from Title V. The property is not in a groundwater protection district....the soil is sandy. ....a 3 bedroom home is requested. Engineer David Oberlander of BDO Engineering also presented. Proposed location is over 125 feet from wetlands. Wetlands delineations were reviewed and adjusted by Conservation Agent Greg Meister. The Board determined the property appears to be in a Zone II. Andy Stead suggested the property
might be allowed if the house were reconfigured requiring no BOH variances. Mr. Oberlander responded that allowances from Conservation would be required. Suzi Peck stated that, basically, due to the existing environmental rules, the lot is too small for a house which could comply with both BOH and Conservation regulations. Mr. McGregor noted the variances given to 2399 Bay Road in 1996 as an example of a similar situation, and noted that the variance procedure is an option provided by the regulations. Suzi Peck noted that the Board was brand-new at the time that the Bay Road variance was granted, and that the Board has since evolved and its concerns have become greater and more sophisticated since that time. She further noted that septic systems do fail......and that Sharon is almost completely on septic and reliant upon town wells for drinking water.
Mr. Dangelo reviewed his investment in the lot. His wife’s family bought it in l971....planned to build at the location and paid taxes on it as a buildable lot through 1999. At this point, they have invested approximately $30,000 in the property. He stated they tried to keep the variances requested to a minimum and hope to build a house for their family at this location. In response to questioning, Mr. Dangelo acknowledged that title to the property had gone to the bank and then back to him upon payment of back taxes.
Andy Stead stated that he is not 100% convinced that another footprint couldn’t be created....without the need for variances.... and requested a depiction of a “building envelope” with which the BOH could look at different options eliminating the need for at least some of the variances. Atty. McGregor stated he could provide a number of suggested covenants for the property if the Board wished. Andy Stead suggested that a second engineering design might be sought. Suzi Peck noted that the property was purchased by the current owners recently, under existing regulations. Mr. Dangelo noted that this lot was held by Norwood Cooperative Bank in addition to a number of other properties with the understanding that Peter and Linda Dangelo would assume the taxes, although, technically, the
“chain was broken” when they assumed the taxes. He asked what other protections they could provide in order to obtain variances in order to build the property and indicated his willingness to do whatever the Board requires.
VOTED:(Stead/Barnett) Stead and Barnett voted in the affirmative; Peck voted in the negative....To continue the hearing pending a second opinion from an engineer retained by the BOH to see if a system can be built at this location with no BOH variances...and, if that cannot be done, to see if the variances sought can be minimized....... and to see if setback distances are reasonable and protective. The applicant bears the cost of the Board’s engineer...and the Board will notify David Oberlander as to the name of the engineer and the date of the continued hearing....probably to be in January 2003.
136 Upland Road — Discussion
Tom Henry, property owner, requested a hand sink for his new garage....requiring an auxiliary sewer line. Jim Andrews suggested that only a 2" pipe be allowed, eliminating the possibility of a toilet installation..
VOTED:(Stead/Peck) unanimously that a handsink be allowed......cold water only...with a 2" line from the sink to the septic system.
The meeting was adjourned at 10 P.M.
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