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MINUTES March 30, 1995 3 BOARD OF HEALTH <br /> Mr. Evans relayed, "In my opinion, it is just a matter of time before this becomes a <br /> failure." "Once the residents move in it will probably fail right away." <br /> Mr. Wheatley commented, "The last time people were occupying the dwelling last <br /> summer it failed on several occasions." <br /> Mr. Evans commented, "I am unsure whether it went through the failure <br /> procedure." <br /> Mr. McQuaid commented, "Even if it is not in failure it is a voluntary upgrade <br /> from a cesspool, which is closer to the well, to a Title V system meeting Title V <br /> requirements as best as possible." "The owner disk retain an engineer to improve the <br /> system." <br /> Mr. Cram questioned whether it is in failure or not. <br /> Mr. Doherty stated, "The point I am raising is that recognizing technical <br /> improvements of the system I would be willing to grant the variance providing that the <br /> applicant does sign the affidavit which agrees to no increase in habitable space." "When <br /> town water becomes available and abutters hook-up they can apply to us to remove the <br /> restriction." <br /> Mr. Doherty motioned to grant a 30' State variance from abutting well, (#29 Park <br /> Road), to the proposed on-site leaching facility, a 9' State variance from abutting well, <br /> (#28 East Street), to the proposed on-site leaching facility and a 45' State variance from <br /> the on-site well to the proposed on-site leaching facility with the stipulation the owner <br /> agree to sign the affidavit which agrees to no increase in habitable space until such time as <br /> the owner and abutters are tied into public water, Mr. Ball seconded. Mr. Cram abstained. <br /> Public Hearing- `Town of Mashpee Smoking Regulation" <br /> Mr. Dino Mitrokostas, Ms. Stephanie Jones, Ms. Ernestine Gray, Mr. Bobby <br /> Byrne, Ms. Kathleen Anderson, Mr. Bruce Potter, Mr, Brian Anderson, Mr. Tom <br /> O'Malley, Mr. Stuart McLeod, Mr. Gus Frederick, Mr. Richard Kandall, Ms. Kathleen <br /> Jespersen, Mr. Bob Collett, Mr. D.J. Wilson and Mr. Tom Burke were in attendance. <br /> Mr. Evans relayed, "The regulation was proposed some time before the County <br /> wide regulation was proposed." "We worked with the local restaurant owners in creating <br /> the current regulation." "Our local group have meet several times including three weeks <br />