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Ir. Ball asked if they were at that point yet. <br /> [r. Harrington replied that he would like to know that up front. He needed <br /> to know if he should write the letter or tell Mrs Berrish that he couldn't <br /> write the letter, <br /> IIIb. Ball suggested that they authorize Mrs Harrington to move forward in <br /> contacting town counsel with that question. <br /> Ms. Warden interjected that Mr. Harrington could not do that on his own <br /> without prier approval from Ms, Mason. <br /> Mr. Ball stated that all it was was a request. Ms. Mason would most likely <br /> .approve it. if she doesn't them they would deal with that at that time. <br /> Mr. Santos asked them to correct hint if he was wrong, But, wasn't this <br /> the same type of situation whereby if the board approves or disapproves it <br /> still would have to go to the DEP for approval. Usually the only way this <br /> request would go to the DEP was if the board approves it. However, a lot <br /> of tunes they cone back and say no. <br /> Mr. Harrington asked Mrs Santos to be more specific. <br /> Mr. Santos clarified that he was talking about the separation from the four <br /> to five foot. The first variance was supposedly what he was complaining <br /> about back when Mr. McQuaid was alive. <br /> Mr. Harrington explained that first there was the application for the <br /> variance to the groundwater with the FIST system. The board approved <br /> that. Mrs McQuaid and Mr. Dmisioris did an inbet een correspondence <br /> that was submitted to the DEP. But, Mr. Grotzke was advised to withdraw <br /> �- his application based upon somebody's recommendation, Thea Mr. <br /> rot ke ultimately put the system in. <br /> Ms. Grady asked if Mr. McQuaid recommended to Mr. Grotzke than he <br /> withdraw the application. <br /> r <br /> Mr. Harrington responded that that was the problem. He didn"t know if it <br /> was Mr. McQaid or Mrs Dmisioris. Mrs rot ke withdrew the application* <br /> Mr. Santos felt that that responsibility lay with the engineer and the <br /> owner to submit it to the DEP if it was required. <br /> Mr. Harrington was in total agreement with Mrs Santos. However, that was <br /> why he wanted torn counsel involved. He wanted to know that based on <br /> what they did does the board have any liability. <br />