01/20/1994 BOARD OF HEALTH Minutes

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i MINUTES January 20, 1994 3 BOARD OF HEALTH law, so it must be relocated. " "We would like to allow you as much latitude as possible to get it square away but we do not have the legal authority to do so. " "You have two prob- lems on your hands, one being a potential civil suit from your abutter and the other is the condemnation of your system by this Board. " "You would be left without a septic system which means your home would no longer be livable by law. " "It is a fairly serious matter. " Ms. Saunders stated, "My septic leaching pit was at its present location when my husband and I first purchased our home in 1970. " "The house was built in accordance with a permit from the Mashpee Board of Health and Building Depart- ment in 1967. " "The house and septic were legal when they were installed and I have done nothing to make it illegal personally. " "A 1992 plan prepared by Joe DiMaggio and the work done by DiMaggio showed that the leaching pit is 10' from the property line. " "I don't believe that Mr. DiMaggio would violate the Board of Health regulations when he applied for a permit to repair the system. " "His work was done in accordance with a Board of Health permit because a health agent came to my property, prior to his doing the work, dur- ing the that time it was done and upon completion inspected it. " "I have enough land around my house to put in a system but I do not believe I have done anything wrong. " Mr. Greelish commented, "I don't believe you have either but the problem is somebody made a mistake along the line way back when. " "Unfortunately, the installer essentially re- paired it in place." "He is not a surveyor, we do not re- quire him to be a surveyor. " "He did a system repair under a special certification capability we have under State law. " "Our Agents are not surveyors and they do not, as a normal course of their duties, do surveying. " "The original indi- vidual who laid out the lot and laid out the location for the system is the one that was responsible. " "That was a long time ago and their is no recourse for it legally or any other way. " "Now your neighbor who wants to put in his system finds that your system is on his land. " "He has the legal right to have you remove it. " Mr. Ball explained to Ms. Saunders that the abutter has no alternative area in which to place his leaching facility due to its close proximity to his well . Mr. McQuaid commented, "Ms. Saunders may require a vari- ance from the relocated leach pit to her well. " Mr. Greelish informed Ms. Saunders that the Board would like to hear a suggested timetable as to how she will remedy the situation.