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MINUTES March 29, 2001 3 BOARD OF HEALTH 8. April 2000 DPH fish testing results for John's Pond Board acknowledged. 9. FYI: Letter from Richard Brady re: 266 Monomoscov Road (I/O Clivus) Board acknowledged. 10. Pina Sanitation violation (amendment to vote required) Ms. Warden stated that the past violation by Pina Sanitation (see minutes of March 15, 2001) needs to be amended due to her research into the Intermunicpal Agreement. She spoke with Bill Fedemma who indicated that the Board of Managers prefers to have each town handle disciplinary actions on their own. Mr. Doherty motioned to rescind the vote to fine Pina Sanitation. Mr. Santos seconded the motion. Motion to rescind passed. Mr. Doherty further motioned to suspend the trash hauler's license of Pina Sanitation for 7 days from the receipt of notice or to fine Pina Sanitation $300.00. Mr. Santos seconded the motion. Motion passed. APPOINTMENT: Jerry Epstein re: 121 & 123 Summersea Road Mr. Jerry Epstein, Mr. Mario DiPaolo and Mr. Paul Merithew were in attendance for this scheduled appointment. Mr. DiPaolo owns property at 121 and 123 Summersea Road, which is currently in question as to how many bedrooms can be built upon this property. Originally there were two lots with a 3-bedroom home proposed on each lot. The Board of Appeals made the owner combine the lots into one lot due to contiguous ownership issues. The lots are in the Zone II recharge area and have a combined square footage of 17,000 square feet. The prospective buyer is requesting to now build one four- bedroom home on the combined lot. Ms. Warden stated that she contacted Brian Dudley of the Southeast Regional office of the Department of Environmental Protection about this issue. He indicated that the owner would have the following option: to build one three-bedroom dwelling on one lot and, if a enhanced nitrogen removal system installed on the other lot, it may allow for a one-bedroom dwelling on the other lot. Unbeknownst to the Board of Health at the time, the building inspector had previously submitted a letter to the owner stating that the lots must be combined as they are under single ownership and contiguous. Ms. Warden further stated that there cannot be a four-bedroom dwelling on this now combined lot due to the square footage and the fact that it is in a Zone II. Mr. Doherty clarified that it is now one lot, not two individual lots. Board members indicated that they would support a 3-bedroom design with the option to pursue a 4-bedroom with the State with enhanced nitrogen removal, quarterly testing and revised plans.