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would be exempting acupuncturists from the permitting requirement, including any future acupuncturist <br /> who applies. <br /> Ms.Almquist stated that she felt this opened a can of worms that would potentially exempt other holistic <br /> practitioners who have degrees. Chair Baumgaertel stated that his concern is with setting a precedent. <br /> He indicated he was comfortable with the acupuncture because that is state licensed, but there is no state <br /> license for the reiki. He informed Ms. Dummermuth that the Board has to consider everything from a <br /> regulatory standpoint, and this particular situation would be better addressed through an amendment to <br /> the regulation, so the Board is prepared when other similar requests are made. He stated that there is a <br /> process that must be followed in order to amend the regulation, and he needed to educate himself on <br /> the discipline itself prior to supporting a regulatory change. Chair Baumgaertel advised the applicant to <br /> provide a list of the courses she has taken,to help the Board in future deliberations on this matter. <br /> There being no further comments or discussion, Laurel Almquist moved to deny the request for variance <br /> from the Bodywork Regulation until such time as the Board has had a chance to take a harder look at it: <br /> Motion seconded by Brian Baumgaertel. VOTE: Unanimous (2-0). <br /> 7:25—77 Tide Run <br /> Mr. Harrington commented that a septic inspection was performed at this property, which resulted in a <br /> failure due to there being less than four feet from the bottom of the soil absorption system (SAS) to <br /> observed groundwater. The property is located on the water in Little Neck Bay subdivision, so it is tidally <br /> influenced. The septic inspector found groundwater 2'9" below the existing SAS. <br /> The owner is requesting a variance from the Septic Inspection Regulation to allow the system,as installed, <br /> to be utilized without upgrading. The owner is stating that the Board of Health designed, approved, and <br /> certified the installation back in 1998. As no regulations regarding the depth to groundwater have <br /> changed since 1995, the owner does not wish to upgrade the system due to a reported failure by <br /> regulation in 2019. <br /> Mr. Harrington stated that it is a legal question as to which takes precedence; the Septic Inspection <br /> Regulation or the previously issued permit approved by the Board in 1998. One reference in Title V states <br /> at 310 CMR 15.021(5)—a Certificate of Compliance does not constitute a statement that the system will <br /> function as designed nor shall it in any way limit the powers of the Board of Health or DEP to enforce any <br /> requirement, or to take any other action to protect public health, safety, welfare and the environment. <br /> Mr. Harrington stated that the Board of Health stepped in when the existing system overflowed in 1998 <br /> and a repair was done as an emergency. He advised the Board that they can require the upgrade and <br /> make the owner appeal the decision in Superior Court or they can request an opinion from Town Counsel. <br /> The owners were present at the meeting and stated that they are having no problems with the system; <br /> however, when the house was put on the market, the realtor advised that they get a septic inspection. <br /> Mr. Harrington confirmed the system is operating, and that failure was due to the fact that it didn't have <br /> 4'to groundwater. <br /> Chair Baumgaertel advised the owners that they have a Title 5 system in design but that it isn't necessarily <br /> providing adequate treatment to remove nitrogen when it is that close to groundwater. From a public <br /> health standpoint, the risk of putting human pathogens into the groundwater must be eliminated. Chair <br /> Baumgaertel's opinion was that they could not vary this, and Board members agreed that Town Counsel <br /> should review the matter and render an opinion. <br /> 2 <br />