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3 future there would be town water available in this particular neighborhood. He recommended that if Mr. Mahoney followed the BOH directives. Then when the town water comes in he would be able to build on that lot. The "killer" was the water across the street in the Carol Jacobson lot. It had a well in front. The bottom-line was that they couldn't get a well and a septic system on that lot and 100' away from all of the abutters. Mr. Slavinsky thought that he might have been able to make a deal with somebody to go in and grab the fill and take it out of there and fill it in with clean sand. Mr. Slavinsky stated that the Mahoney family has owned the lot since the mid- 60's. In 1981 or 1982, it did pass the percolation test standards for Falmouth, Mashpee and Sandwich regulations. Even thought there is poor material all the way down to the ground water there is good material below the ground water level. He also believes that the Mashpee BOH instituted that by-law because at the time almost the entire town was serviced by wells. It made sense. Now it isn't. We have a lot of town water. If Mr. Mahoney, had done what the BOH had told him to do way back when he would be in pretty good shape right now. He understands why Mr. Mahoney didn't do it based on his previously noted advice. Essentially it was because of the well situation. Now the problem no longer exists. They are willing to come in and do a lot of things that were recommended at the last meeting, some by Mr. John Doherty, such as borings and three different inspections. The first one would be at the excavation. Number two would be at the time the excavation is being filled with sand. Number three would be when the actual system is being put in. The deed restriction for a two-bedroom house only and a denitrification system. That is where they are at this stage. He does believe that if Mr. Mahoney had done what he was supposed to have done 20 years ago he would be in pretty good shape at this point in time. Mr. Harrington stated that as far as the BOH records shows the lot never passed the perk tests any of the times. They never poured water on any occasion per the BOH's records. Mr. Slavinsky continued that Mr. John Doherty, who was not present at the moment, actually suggested that they do some borings. They are willing to do that in an effort to prove that the material below approximately 8 to 9' is percable material. He stated that he did a perc test once at 73'. He had a geologist friend. He showed the sample of the 73' to him. The geologist said that it was percable material. The geologist said that it was percable material because you can tell by the diameter and distance of the sand that was down there. Someone actually had cleaned off or smoothed it out, whatever, which is a symbol of water moving through it. He realizes that the BOH does not allow de-watered perks. This really leaves them caught in a bind. Mr. Santos asked if they hit water at 8'.