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MINUTES June 1, 2000 4 BOARD OF HEALTH <br /> where all of this stands. Now, as far as I can see there was, as Mr. Bliss has laid out, <br /> no regulation at the time that Life at Mashpee was granted a permit that would require <br /> them to have a denitrifying septic system. There is one now, but there wasn't one at <br /> that point. As far as I can see, going back in terms of looking at the 99 Restaurant <br /> and Cooke's Restaurant, which were approved previous to that regulation as well, from <br /> looking through the records it would appear that the situation was that the 99 and <br /> Cookes both came forward with a standard Title V system with a regular leach field <br /> and a reserve leach field and the Board of Health made a recommendation that they <br /> might want to consider putting in a denitrifying system because of the proximity to the <br /> Mashpee River. To which, it would appear from looking through records, both of them <br /> said, well if we do that, what sort of relief can we get in return? And your assessment <br /> was that they could avoid putting in the reserve fields. So, there was a basic <br /> agreement that they would put in denitrifying systems in exchange for not having the <br /> reserve areas. From looking through the information I'm left with this situation that <br /> that's sort of the path that was taken for the 99 and Cooke's and that Life at Mashpee <br /> never really got to that point. If it had gone forward without the Talanian property <br /> being presented, it might have gone that way based on what I see in the minutes in <br /> terms of the discussions that were held. I've got two sets of minutes, one in '98 and <br /> one in '99, saying something along the lines of"an understanding" to put in a <br /> denitrifying septic system." <br /> Mr. Ball added, "I guess, Ed, with Life at Mashpee, the reason we didn't pursue it as <br /> much as we did with the 99 and Cooke's Restaurant is because they came in front of <br /> us and said that they were going to hook into the Talanian and they are going to have <br /> an amphridome system and that's probably the best one around. That's probably why <br /> we didn't pursue it that much. I'm assuming that if Talanian property wasn't involved <br /> in this, we would have tried to talk to Life at Mashpee to try to get them to put in a <br /> dente." <br /> Mr. Bliss stated, "If an applicant decides to voluntarily do more, that's neither here nor <br /> there. The fact of the matter is that the requirement is whatever it is. The Board <br /> issued a Title V..." <br /> Mr. Eichner interjected, "I understand that. I'm just trying to explain to you a little bit <br /> about how we have gotten to the point we are at right now. I can understand that the <br /> regulations are the way the regulations are and I just would like to get a clarification <br /> from the Board that we have a clear understanding of... If for example if Talanian <br /> wasn't approved, there was no amphridome system that was going to go in there, what <br /> would happen?" <br /> Mr. Doherty responded, "It was probably regular practice that we would have <br /> encouraged the use of those systems prior to the three of us actually coming to grips <br /> and passing a regulation requiring it. Myself and Steve have been big proponents of <br /> the systems for quite some time. I think it was probably eight years ago the Ruck <br /> system was fust placed before us and it all started there and then they got bigger, they <br /> got better and they got more readily acceptable by the engineers. As we started to <br /> track some of these systems and we saw what they were doing in terms of <br /> performance, we said, hey, we kind of like this thing. Anytime a variance was <br /> requested we now had a new tool and a new lever to say, well if you want the variance, <br /> what are you going to give us? Denitrification would always be thrown out on the <br />