5/25/2011 BOARD OF HEALTH Minutes

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a Robert Finnegan, attorney representing Steven and Joyce Hynds of 333 Monomoscoy Road, introduced himself to the Board. Mr. Finnegan stated that he disputed almost all the facts set forth in the Cease and Desist Order of'May 12, 2011, and his goal tonight was to determine that the Board's position in the order letter be rescinded. Mr. Finnegan stated that the plan the ZBA now has for 24 Russell Road was submitted on 13111, and is different from the original plan—the lot and the size are different- and therefore there is no legal 24 Fussell Road. Therefore, no legal permit exists for a septic installation at 24 Russell Road. Mr. Finnegan stated that since there is no permit, there is no septic system,, and there is no 24 Fussell Load. Mr. Finnegan summarized his remarks by saying that the only conclusion that can be drawn from the above facts is that his client has totally complied with the BOH regulations, and they are completely within their rights to have installed the well and.to use the well in the ,manner in which they intended. Mr. Finnegan is asking that the BOH rescind the Cease and Desist Order letter dated 5112/11. Glen Harrington replied that the septic plan for 2 Russell Road.was based.upon an approved plan, and all of the timeframes for the permit Mr. Finnegan is swing doesn't exist are based upon the approval date. Glen's signature and,approval of a septic installation permit dated 2/07/11 i based on the issuance of a permit, and therefore is considered a permit that has been issued and approved for an existing property. Kalliope Egloff added that there is an existing map and parcel number for 24 Russell Road. Lucy Burton stated that the Habitat for Humanity septic system permit dated 2/07/11 supercedes the permit for the welI at 333 Monom pscoy Rd., dated 4/07/11. -Mr. Finnegan responded that b the time Habitat for Humanity filed a compEeted application for the ZBA or any Board, his clients well was installed. Lucy Burton stated that the disputed facts had already been clarified by Town Counsel, and recommended that the BOH rake no ,modification to the order letter. Luer Bunton made a motion that the 130 H not modify or withdraw the Order Letter dated 5112111 re: 333 Monomoscoy Road. Burton Kaplan seconded the ,motion. The motion was unanimously approved. 7:30—seam Lynne (Dic k Lamb rt-Rep.) Title V variance Req —161 Water Way Richard Lambert, with the Robert Paul Deal Estate office, introduced himself as representing Mr. and Mrs. Sean iynne, prospective buyers of the property located at 161 water Way. Glen Harrington commented that the property at 161 Water Way has been vacant/unfinished since the 's and a prospective buyer, Sean Lynne, is interested in purchasing the property. The property is proposed to be sold "as is" and the buyer would like to approve a variance from the BOH cesspool Regulation in order that the septic may be repaired after the sale. Glen stated further that he recommended approval of the variance request with the following the stipulations: 1) An Enforceable Agreement date to be provided by the BOH 2 Daae of Engineering to be provided to the BOH 3) Date of completion of the septic installation by issuance of a Certificate of Compliance Burton Kaplan made a ,motion that the valance request for 161 Water Way be approved subject to the execution of an enforceable agreement providing completion of the installation of a septic system by October 3, 2011, and its approval subject to a building permit with no occupancy of the premises based upon the building permit and the certificate of compliance. Luer Burton seconded the motion. The ,motion was unanimously approved.