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+ r <br /> r <br /> MINIUTES July 30, 1998 3 BOARD OF HEALTH <br /> Mr. Ball stated, "For the record, his own well is not even 100' away from his <br /> owner septic according to the hand drawing here." "So his concerns about us granting <br /> down to 100', he would be better off taking the offer." <br /> Mr. Doherty stated, "He is withholding information for no other reason than to be <br /> a nuisance." "I do take an issue with that." <br /> Mr. Snow stated, "I certainly can address that issue with Mr. Eynatian and see if <br /> he will disclose the location of his well." <br /> Mr. Doherty stated, "It is his right and if he doesn't want anybody to come on his <br /> property that's fine too_" "Everything is going to be stalled." "Until we know where it is <br /> we really can't go forward unless you want to propose a septic system 100' off his <br /> property line." "For all we know it could be right off his property line." <br /> Mr. Bunker stated, "I understand you concern and I'll take to him about that <br /> however, I don't think that if push comes to shove we can force him to disclose the well <br /> location." <br /> Mr. Doherty stated, "No, we can't." "Unless you want to talk to one of your <br /> attorney's and he can recommend some avenue for you to pursue through the courts to <br /> compel him." "There really is nothing we can do to compel him to reveal that <br /> information." "If it were on file that would be one thing but it's not." "These are small <br /> lots." "We all know how that area was developed." "Information is sketchy at best." <br /> "The courts can compel but we cannot." <br /> Mr. McQuaid stated, "If the engineering firm really wants to pursue this more <br /> rapidly you have to assume that the well could be located in all four corners, then draw <br /> your arcs around that and then come up with your variance request down to 100'_" <br /> Mr. Bunker stated, "The lots are only 100' deep so if you assume that there is no <br /> room." <br /> I <br /> Mr. Doherty stated, "The only other thing that I would consider was if you wanted <br /> to show ground flow patterns and you can convincingly show that the ground flow is <br /> away from that lot then obviously, there would be no impact on his well." "To go forward <br /> without that information we would need to prove scientifically that the effluent from the <br /> system would not have any impact on his well wherever it may be on his lot." "So, if the <br /> ground flow were away from the lot that might be an issue." <br />