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Board of Health, Minutes, Meeting
<br /> Page 11
<br /> Continuation of appearance of Atty. Morris Kirsner
<br /> Mr. K: Well yoq see that obviously that I was not on the plan, so
<br /> lieI '� affected by that, secondly there is a lustion as to whether or
<br /> not there has been a variance (interrupt)
<br /> CFB: we ' ll definit ly be checking with Mr. Ripa, because this is
<br /> not what We have on the scale .
<br /> CHL: "He ' s not involved in that. "
<br /> FB : "I would appreciate hearing from you as to what he said, "
<br /> CHL: "well, we 're going to send him a letter, requesting from Mr.
<br /> Fagan, because he ' s second in charge down there, alright or Paul
<br /> Anderson, whose in charge, and. get thein determination again,alright?"
<br /> CFB: "we ' ll be in contact with you. "
<br /> MR. will you let ane know what it is, because according to Mr.
<br /> Ripa, (interrupt)
<br /> CHL: ' "Because we 're a public Board here . "
<br /> Mr-. "I know that according to Mr`. Ripa, that' s the law, even
<br /> if you put in an upgraded' system, you still have to go to DF( F
<br /> for their approval. "
<br /> CHL: "Well, as we have stated, we don 't do that, and we didn' t
<br /> feel that we had the necessity to do that,
<br /> Mr. K: "I simply- would suggest from nay personal point of view,
<br /> Let ' s wait and see what Warwick sags, and let ' s hear what Ripa
<br /> sags, and let' s see whatever his rare is, and we ' ll just go from
<br /> k
<br /> here, but, I don't want to walk away from this Board with the
<br /> fact that I feel, other than the Fact that _you're a Board with
<br /> great integrity, and I admire you and I respect you, except in
<br /> this instance, Morris Kirsner and his private rights were in-
<br /> vaded, violated.
<br /> Mrs K: "Let me just give you one other thought, the question
<br /> might arise that assuming, that there ' s been a violation here,
<br /> what then would be done? But, Let' s meet that step later on. "
<br /> CHL: " s long as this Board sloes, or Fels that it hasn't been
<br /> violated, it would have to go to Town Counsel, and it would have
<br /> to be up to you propbably to sue us, alright, to get a deter-
<br /> mination whether we ' re right or you're. right. "
<br /> Mr. K* , I don' t think that, I think that you have to get a
<br /> determination from DEQE, as to whether - this Board has a right
<br /> to do what you did.. That' s number one . If thy . say you had a
<br /> right to do what you did, then that ' s it, that phase is taken
<br /> care of, if they say you didn 't have a right to do what you did
<br /> and even 'though .you acted In good faith, there ' s been a vio-
<br /> lation, the next step is, what then should be done, I don't
<br /> know myself at this particular point, V m 3ust talking our loud. "
<br /> CHL: "well, I don ' t want to rip out a system, and put a cesspool
<br /> back in there, I can tell you that, . I 'd fight 'that tooth and nail,
<br /> because thea I 'd feel that I 'd really be -imposing on you and your
<br /> neighbors. "
<br /> Mr. "we' ll have to deal with that later on, I think we ought
<br /> to take the first step first, seek first the measurements from
<br /> the engineer, before and after, acid hien you' re going to get a
<br /> letter from DBE, r"
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