01/27/2005 BOARD OF HEALTH Minutes

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Mr. Costello stated that they wanted to use the 25+ acres of open space within the calculations for the purposes of compliance with the denitrification regulations. Ms. Grady thought that it would have to go to town meeting anywa rs. Ms. Garron stated that that was correct because it was the opinion of their legal counsel was that it had to go to the town meeting and then to the state. Ms. Grady thought that Mr. Ball and Mr. Santos stated that well if it had to go to town meeting anyway it was fine by them. Mr. Harrington interrupted Ms. Grady and stated that the board approved it with the conditions that it still had to go to town meeting and then through the state legislature because it was conservation laird. The board did actually approve it, but, with those other stipulations. They were challenging those portions of that decision y the board. Ms. Grady stated that they wanted to avoid doing that. She thought that... Mr. Harrington stated that he thought that they Frere still fighting the fight that Mr. McQuaid had written a letter stating that the board had agreed to it. He was using that letter. Mr. Costello stated that they were using the history of the zoning approvals and whatever for this property. They were saying that the town should have considered this thing as an overall package as far back as when the permits were being applied for'and the zoning approvals were sought. There was full acknowledgement that this would be the situation and they would be coming into the BOH later on. i Mr. Harrington stated that it was the previous owner who gave the town the land a part ofthe special permit on the planning for the approval of the subdivision. S when Joe Weinstein got involved he bought the building lots. That was all he purchased. He didn 't even have purchase to the right to the open space because it was already given to the town. It was conservation land. He didn't have any right to use it. That was why the Selectmen said no and told him to go to town meeting and . the legislature. The Planning Board said no and told him that lie would have to do the carne thing and they wanted denitrifi*cation systems on top of that and all of the properties. Mr. Weinstein didn't life that. He came to the board and Mr. McQuaid told him that he had reviewed the numbers. The numbers made sense. But, Mr. McQuaid's letter never said that he had reviewed a nitrogen aggregation plan. He paid money. He had a cancelled check and that $1100.00 fee for the nitrogen aggregation plan. No one had ever shown there a plan. No one had ever been able to come up with his aggregation plan. S o he was saying that just by right o f Mr. McQuaid's letter and stating that the board of health knew about and was of y with it. That he should still have the right to use that land.