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22 <br /> he would like to defer to the BOH members because he wasn't here when the <br /> regulation was created. One of the first days he was here. Ms. Warden briefed <br /> him as to the background for the regulation. A Mobil station system failed and it <br /> was very handy to go out there and flip the switch to the reserve system. This is <br /> perfect for a high traffic area. There is just the owner and a few employees in <br /> this case. Therefore, there will be limited use. There is good reason behind <br /> allowing this request. It has some basis to it. However, there is no real hardship <br /> in this particular situation. He felt it was worth looking at which is why he <br /> asked Mr. Cauley-Landers to bring it to their attention. He then asked the board <br /> members what the conditions where when a reserve area was not installed on a <br /> commercial property. <br /> Mr. Ball replied that they would take it on a case by case basis. There would be <br /> a trade off. If the applicant were going to give on something then the board <br /> would give on something too. This was done in an effort to protect the Town's <br /> watershed areas. Mr. Ball continued that in his opinion if they granted the <br /> variance it would be based on a deed restriction. Furthermore, if there were any <br /> change in use he would be mandated to begin the process all over again. The <br /> BOH would have to have that in writing. <br /> Mr. Cauley-Landers stated that since the BOH had no strong feelings about it. <br /> He would report that back to Mr. Tavares. What the BOH is saying that they <br /> would need a variance that would have to be reported to the registry of deeds. <br /> He feels that this taking money from Peter to pay for Paul. Any time he works on <br /> a job that includes attorneys he is a happy man because in comparison to them <br /> his fees appear to be very small. <br /> Mr. Ball suggested that he ask his client that if the BOH does waive the reserve <br /> area he would have to put in a denitrification system. Is the reserve cheaper of is <br /> the denitrification cheaper. <br /> Mr. Cauley-Landers stated that the only thing that would be cheaper (I couldn't <br /> understand the end of this sentence.) <br /> Mr. Harrington stated that since this was general use so you wouldn't have to <br /> monitor the Fast System. However, he was going to have monitor it anyway per <br /> our local regulation for nitrogen issues. <br /> NEW BUSINESS <br /> A. 7 Cranberry Avenue Process to Condemn <br /> Mr. Harrington began stating that he went an obtained an administrative <br /> warrant from the Clerk Magistrate at the Falmouth District Court to have <br /> permission to enter the property. He was issued that warrant. <br /> Today Mr. Harrington and Ms. Warden went to the dwelling to take pictures and <br /> did a walk of both the house and the grounds. He also did a formal housing <br /> inspection that had not been done before. He is requesting the BOH members to <br /> condemn the property. He was willing to go over whatever items they might want <br /> to discuss. Everything that he basically found, outside of a couple of smaller <br />