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18 <br /> Mr. Doherty stated that the plans that were submitted showed a system that was <br /> in compliance and the BOH approved it. It's fine. If the system is not in compliance <br /> with the plans that were originally approved. Then they have an issue with the <br /> builder. <br /> Mr. Harrington stated that it was put in as an emergency repair. There was no <br /> engineering. It was put in to rectify an emergency. Bortolotti put the system in and <br /> signs the application that Title V will be adhered to. Whether it is an emergency or <br /> not property lines should still should have been identified. Bortolotti should still be <br /> held accountable. Furthermore, in one of Elias McQuaid's letters he spoke with <br /> Bob Bortolotti and met him on site. Mr. Bortolotti at that time said they would <br /> rectify the problem but would wait to see what the BOH's decision would be. <br /> Therefore, on two occasions right now the BOH members have granted this <br /> variance. Something else he pointed out was that in the October meeting minutes <br /> at the bottom of the page. It stated "Mr. Doherty mentioned to take no action due <br /> the fact that the system is in compliance." Now a sentence like that on the minutes <br /> is kind of scary to him. It might have been explained to the BOH that it is in <br /> compliance. However, to Mr. Harrington it is no where near in compliance. <br /> Mr. Doherty then stated that this is why he raised the question about whether or <br /> not he had seen a plan. <br /> Mr. Harrington stated that he wasn't sure that even if there had been an <br /> engineered plan that you would have known that it was in the middle of the road <br /> because the asphalt part of the road could be anywhere in that layout. It could be <br /> close of very far. But, the property line is still the property line. Mr. Harrington felt <br /> that Mr. Bortolotti never identified the property line when he put the septic system <br /> in. Granted if you left it there there may never be a problem with it. However, <br /> legally the homeowner is requesting that something be done in case of further <br /> construction or sale of the home. They don't want this to come back and haunt <br /> them. These are new owners and the emergency repair was done with the previous <br /> owners. <br /> Mr. Ball asked Mr. Harrington what action he was recommending. <br /> Mr. Harrington recommended that the Town limit it's exposure and have Bortolotti <br /> move the system. <br /> Mr. Ball stated that it sounded fair to him. And if he doesn't? <br /> Mr. Harrington states if the BOH members let it go for the third time. The Town <br /> would be on the line. Should New Seabury come and same we want to put utilities <br /> in that area of layout. They hit the septic system and it is now defunct with a <br /> condemnable house. The Town is accepting some liability that it really doesn't need <br /> to. <br /> Mr. Doherty then inquired why Orin Evans (prior health agent) would approve the <br /> system? <br />