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MINUTES May 4, 2000 2 BOARD OF HEALTH been discussed by this Board except on two occasions and it's in your minutes. It was discussed as a policy and it was discussed way before the regulation went into effect so it really has no bearing on his regulation. Secondly, they said that denitrification should be used if the Talanian Realty project is never going to be built. Well, it is going to be built and we are going to get our permit. Thirdly, and we certainly have a good paper trail on this, the issue of denitrification was never discussed by anybody from the Commission. It just came up in March. We were totally shocked that they would change the ballgame and that they would go from a certain standard and now they have created more uncertainty and, obviously, Mr. Talanian made a huge investment based on the standard that they told us back in June of last year." "We are here tonight to ask you, once again, to go to the well and, if you feel it's appropriate to offer a more detailed answer on the issue of denitrification because that is the issue." Mr. McQuaid stated, "I think the issue here is the credits and whether or not Talanian should be afforded the credits for hooking Life in. The issue is that when we discussed this interim system, we were all for it and we bent a little bit in allowing Life to connect to the leaching field. Our regulation was not in effect at the time. We had a verbal understanding with Life that should the Talanian project for some reason fall through, that they agree to then put in a denite system. As far as us having a regulation in place forcing Life to put in a denite, we didn't have that. We had a verbal understanding with Life. I think that's what the Commission is hassling with. Would they have been required? No. We had a verbal understanding but we didn't have a regulation that would require it. I think that's the key. I think my correspondence with the Commission stated that Life understood or agreed, but there is no regulatory force behind the understanding. That's the issue. But I don't know how to resolve it. The minutes reflect this understanding." Mr. Doherty stated, "We should look at this chronologically. That is was strictly a verbal arrangement prior to the enaction of our regulation. But the installation of a dente would have been voluntary on the part of the applicant and that the Board saw an opportunity and encouraged the co-mingling of the systems with the understanding that it's going to be an amphridome. But, we need to stress the fact that there was no legal mechanism at the time that the permits were issued to force the applicant to install any type of denitrification. It was strictly a voluntary, verbal agreement. Our position hasn't changed. We've always encouraged the use of the systems, we always will. Now we require it in certain circumstances. But, it is not a reversal or a change in what we did, it's just reiterating what happened. We need to stress that it was prior to the enaction of the regulation and that it was voluntary. No legal mechanism was in place to enforce that." Mr. Doherty motioned to direct the agent to draft a clarification letter to the Cape Cod Commission regarding the SouthCape Village and Life at Mashpee projects. Mr. Cram seconded the motion. Motion passed. APPOINTMENT: Tom Smith re: 266 Monomoscov Road Mr. Smith was in attendance for this scheduled appointment. At the meeting on April 27, 2000 the Board members continued this item so that they could review the file information.