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

PRESENT:
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 Review Board.
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 area.
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.

3. ADJOURNMENT
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
Administrative Assistant
Newfane Board of Selectmen

Posted: Newfane Town Office, Newfane Store, Williamsville General Store, and South Newfane General Store & Deli.
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