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9 <br /> site and did the soil evaluation just to save time. He provided the engineer with <br /> that information. This was an emergency. He measured where the mottling was. <br /> Mr. Slavinsky continued that they did the topography and in all fairness to the <br /> health agents,without being really aware of Popponessett and the situation <br /> outthere, this usually happens. <br /> Mr. Ball made a motion to approve the variance as follows: They are going to <br /> require a local approval for a variance of 1' in separation between the bottom of <br /> the S.A.S. and high groundwater elevation. Mr. Santos seconded. Motion passed. <br /> DISCUSSION: <br /> A. Paul Kerrigan 14 Oneida Avenue <br /> Mr. Harrington began by stating that this topic is back on the agenda because <br /> he wanted the BOH members' opinion. He wrote a letter to Mr. Kerrigan. He <br /> then asked if all board members present had an opportunity to read the letter. <br /> (They acknowledged that they had reviewed the letter.) Mr. Kerrigan is in <br /> violation of Title V and subsequently in violation of the housing code because <br /> they are tied together. Mr. Kerrigan has not provided the BOH with the <br /> installer's as built. He has not been issued a certificate of compliance and a <br /> certificate of occupancy. The dwell has been occupied for several months. At this <br /> point because he is out of compliance on those two issues there are a couple of <br /> routes to pursue in this matter. The housing code allows Mr. Harrington to issue <br /> the order letter to him. If Mr. Kerrigan doesn't comply within the seven days with <br /> the as built. He can ticket him on a daily basis, which will affect him monetarily. <br /> The other route is to actually start condemnation proceedings where he can <br /> actually condemn the house. This would be a harder route to go. Legally he can <br /> begin proceedings but it would be harder if it went to court. The septic system is <br /> in and operating because there is an O & M plan. It is a Fast system. It is an <br /> outlying factor. However, a judge may interpret it, as the system itself isn't really <br /> failing so there is no actual public health threat. Nevertheless, the legality <br /> portion of it is that he would have the right to condemn the house because there <br /> has been no occupancy granted. <br /> Mr. Ball interjected that the reason for that is that the installer refuses to <br /> submit the as built. <br /> Mr. Harrington confirmed that that was correct and that the issue is over <br /> money. Mr. Kerrigan should pay the installer the money in order to comply with <br /> the BOH procedures. Then go back after his money with civil proceeding. The <br /> BOH really should have no dealings with this money issue or with the installer. <br /> Mr. Ball agreed that the BOH should not have any dealings with the installer. He <br /> then asked if it was acceptable for the engineer to sign off on the as built cards. <br /> Mr. Harrington stated that it was not acceptable. The installer and the engineer <br /> both have to sign off on the cards prior to occupancy. <br /> Mr. Ball reiterated that the installer has not signed off. He felt that the BOH was <br />