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MINUTES August 13, 1998 2 BOARD OF HEALTH <br /> Attorney Oppenheim stated, "The Board is familiar with this proposal." "The tight <br /> tank system was both approved by the Conservation Commission and this Board of Health <br /> and was denied at the Department of Environmental Protection level." "They said that <br /> this site was suitable for a Title V system." "Holmes and McGrath responded by <br /> designing a Title V system which is on file with this department." "We last appeared <br /> before this Board in June at which time this Board expressed their concern about a Title V <br /> system, requested that we go back to D.E.P. which we have." "This decision was done <br /> inadvertently at the highest level of D.E.R." "My communication was with Brian Dudley <br /> but for reasons beyond our control this was examined way above Mr. Dudley." "The <br /> D.E.P. met with Mr. McQuaid and the both of us and our Conservation Agent last <br /> Tuesday." "As a result of the telephone conversations I had with him they very clearly <br /> told us that a tight tank system will not be approved by the State." "I think it's in part due <br /> to several requests that they've had in recent months that are much similar to the one that <br /> is before you this evening so they were very concerned about making this a special <br /> situation and setting some sort of a precedent." "They will not require that we do a <br /> denitrification system." "This is a very small two bedroom seasonal camp built by Mr. <br /> Baker." "We are here to ask the Board to approve the plan that has been drawn." "We <br /> are hoping that we can come to some mutually acceptable resolution to this plan." <br /> Mr. McQuaid stated, "When we met with Brian Dudley we tried, along with Bob <br /> Sherman, to convince Brian Dudley to use a tight tank in this instance." "Mr. Dudley <br /> informed us that it has gone way above him." "We questioned Mr. Dudley as to why they <br /> are so dead set against a tight tank." "He responded that they have had bad experiences <br /> with tight tanks." "This Board has no option here unless we tell the applicant to go to <br /> court against D.E.P.." <br /> Mr. Ball questioned Attorney Oppenheim, "Would the applicant consider installing <br /> a denitrification system?" <br /> Mr. Doherty commented, "We're dealing with two issues here the first is an <br /> environmental issue and the second is a legal issue." "For us to grant this particular <br /> variance under these circumstances makes every past decision we've ever made suspect <br /> for review." "Your asking for a variance." "A variance is a trade-off or compromise." <br /> "In exchange for that compromise what are you offering to mitigate the effects of the <br /> effluent?" <br /> Mr. Silvia stated, "I'm not sure this is a trade-off because we're constrained." <br />