Any and all corrections to the following
minutes will be made at the 09/01/05 Board of Selectmen’s Meeting
and are considered unapproved until then. Corrections will be noted in
the minutes of that meeting.
MINUTES - SPECIAL HEARING OF THE NEWFANE BOARD OF HEALTH
AUGUST 24th, 2005
NEWFANE TOWN OFFICE
Board of Health: Piet van Loon, Priscilla Cotton, Patricia Halloran, Gary
Katz, and Dr. Timothy Shafer, Newfane Health Officer.
Absent: Dan DeWalt
Also Present: John J. Feifel, Newfane Septic Control Officer, Joseph and
Priscilla Wright, Barbara and David Kearney, Jennifer and Aaron Connor,
Daniel Coughlin, Craig Miskovich, Esq., Attorney for David and Barbara
Kearney, Michael Fitzpatrick and Doris Knechtel, Administrative Assistant.
1. CALL TO ORDER
The Board of Health hearing was called to order at 7:02 p.m. by Chairman
Piet van Loon. Those present were introduced.
2. HEARING - APPEAL BROUGHT BY JOSEPH WRIGHT - SEPTIC PERMIT #05-25
This hearing, recessed from June 30th, 2005 and July 20th, is with regards
to the appeal brought by Joseph Wright regarding Permit #05-25 issued
on May 19th to David Kearney by the Newfane Septic Control Officer.
The appellant, Joseph Wright is appealing the issuance of a septic permit
issued to David Kearney for the installation of a new septic system at
13 Woodlands Lane, Tax Map # 00D-122.1. Mr. Wright is also appealing the
issuance of a building permit to replace a house that was removed in May
of 2005. That appeal is to be reviewed at a future hearing of the Development
Stephen Phillips, Esq., Attorney for Mr. Wright was not in attendance
at the hearing. Mr. Wright, when asked, stated that the basis for his
appeal is that he doesn’t want any more residential housing next
to his commercial property. When asked, he also indicated that his property
is an estimated 200 ft from the Kearney property. Other questions asked
of Mr. Wright by the Board of Health pertaining to past health problems,
topography, and other issues relating to the Kearney property, were not
responded to by Mr. Wright.
Craig Miskovich, Attorney for the Kearney’s, indicated that the
information on the permit is not fraudulent or misleading, the design
complies with the Newfane Sewage Ordinance, and no allegations have been
submitted nor testimony given that would cause a permit to be revoked
under the criteria contained under Section 340 of the Newfane Sewage Ordinance.
He asked that the Board of Health deny the appeal.
John Feifel, Newfane Sewage Control Officer, indicated that the permit
#5-25 issued to David Kearney for a new septic system complies with all
of the regulations, it does not have any impacts on neighboring wells,
and he has not received any other complaints. The engineering plans indicate
that the former septic system for the former residence had failed.
Mike Fitzpatrick, contractor, indicated that the old system had not failed
and could have been used. There were some drainage issues in the parking
Daniel Coughlin, builder, spoke of the hardship that has been caused,
to all involved, by the appeal of the septic and building permits.
Attorney Miskovich requested that the Board of Health expedite their decision.
Chairman van Loon indicated that the board may conduct their deliberations
in open or closed session.
Motion was made by G. Katz to have the Newfane Board of Health conduct
the deliberations on this matter in open session. No second was made.
Motion was made by P. Cotton and seconded by P. Halloran to have the Newfane
Board of Health enter into Deliberative Session at 7:25 p.m. to discuss
the appeal before them. Unanimous. The Board conducted their session in
the Town Clerk’s Office.
Motion was made by G. Katz and seconded by P. Cotton to have the Board
of Health come out of Deliberative Session at 7:42 p.m. Unanimous.
Decision: Motion was made by P. Halloran and seconded by G. Katz that
the appeal brought by Joseph Wright relative to the issuance of Newfane
Health subsurface Sewage Disposal Permit #05-25 be denied as there is
no evidence that the basis exists for revocation of that permit, as outlined
in Section 340 of the Newfane Sewage Ordinance. Unanimous. The appeal
has been denied.
Copies of the minutes and decision will be sent to the attorneys and to
other interested parties.
Motion was made by G. Katz and seconded by P. Halloran to adjourn recess
the Newfane Board of Health appeal hearing at 7:44 p.m. Unanimous.
Doris A. Knechtel
Newfane Board of Selectmen
Posted: Newfane Town Office, Newfane Store, Williamsville General Store,
and South Newfane General Store & Deli.