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5 <br /> that a title company can come and check to see if the utilities are theirs' or not, <br /> etc. The septic system, according to the attorney, is not theirs'. It is just not on <br /> their property. They are looking for some guidance as to how to rectify the problem. <br /> New Seabury won't give them an easement. They are in the middle of development <br /> and there is currently no problem. But, maybe someday they will put utility lines <br /> under there or Mickey Mouse will pop-up. The bottom line is that New Seabury <br /> won't give them an easement. The whole point comes back to how did the system <br /> ever get put in and why wasn't surveyed in the first place. They were also <br /> homeowners in New Seabury with a failed system and the BOH put them through <br /> the rigors to make sure that it was surveyed properly before they were allowed to <br /> put in a new system. These people for some reason were not under that duress. <br /> Mr. Ball asked to review the master file. <br /> Mr. Harrington provided Mr. Ball with the file. Mr. Ball proceeded to review the file <br /> in its entirety. <br /> Ms. Warden entered the conversation by stating that the Mr. and Mrs. Barr would <br /> undoubtedly run into some legal problems down the line. There are a number of <br /> options the most important of which is not to leave the system in place without <br /> some type of legal protection for the homeowners. <br /> Mr. Ball then asked Mr. Harrington what his recommendations were. <br /> Mr. Harrington replied that he had several options that he thought might help the <br /> BOH to make their decisions. One of the recommendations is to grant a variance <br /> after the fact. It was done as an emergency repair. The BOH can state that all <br /> criteria can be pushed aside in order to take care of the emergency and any <br /> variances necessary can be done after the fact. <br /> At one point Mr. Harrington didn't know if the property was going to be sold or <br /> developed. His further recommendation attached to the original recommendation <br /> was also to include the variance on the deed of the property. Thereby allowing any <br /> potential buyer the knowledge that the leaching field is off of the property. <br /> Mr. Ball replied that if the BOH grants the variance. Wouldn't the BOH be granting <br /> the variance on somebody else's property? <br /> Mrs. Barr agreed with that assumption and continued by stating that her attorney <br /> had stated exactly that point. The attorney stated that the variance would only be <br /> good for them but they could not convey it to another party. <br /> Mr. Harrington continued by stating that to ask for that variance Mr. and Mrs. <br /> Barr would have to notify the abutter. The abutter would be New Seabury. <br /> Therefore, New Seabury would have to allow and grant that anyway. If New <br /> Seabury declined they would be declining the use of the easement. He couldn't <br /> confirm whether this would fly or not. Mr. Harrington spoke with Bob Bortolotti <br /> before the last meeting. Mr. Bortolotti stated that he would do whatever the BOH <br /> requested of him. However, if there were anyway that the BOH could lessen the <br />