Laserfiche WebLink
4 <br /> Page <br /> *�N COUNSEL: during maintenance on it. I don't really know, but I a <br /> presuming so thing has been done up there in .the last three <br /> years. Then I called DEE, yesterday afternoon, because Mrs . <br /> Anderson indicated to rite that , DEE had been notified of this <br /> project going forward down here . . That was quite important <br /> as far as our ease goes , Because if DEE told the Board of <br /> Health to stop using the septage lagoons- than the Board, of <br /> Health had no choice to stop, We are endeavoring to secure <br /> the assistance of DEQE at this point, and hopefully they will <br /> come forward and help' us . I think this brims s up to date <br /> s to -what transpired and the only critical thing that re- <br /> mains right now is 'a two fold problem of, I suppose of taking <br /> t <br /> care of septage for the Town and that apparently is solved <br /> with Otis 's rescue offer and the second- thing of importance <br /> is the suit. I will be abl. -to satisfy one requirement that <br /> the Fudge has imposed, That is to mare arrangements . That <br /> has been taken cane of. The second aspect of the suit is. <br /> that the person who is bringing- the suit is .seeking damages <br /> money damages -against the Town. " <br /> HM. THOMAS : "For damaging her house?" <br /> TOWN COUNSEL: - "I ani a little bit puzzled by that, obviously- nothing the <br /> Board of Health did caused her septic system to back up <br /> .into her basement. I am not rely clear as to what her theory <br /> i s . - Ma�rbe shy "is suggesting - that her house is iininhab i tabl e <br /> because .h' r septic system is backing up, and inavailability. <br /> of a pumper to remove the sewage ftom it. If that is true <br /> and that condition existed all day Monday, I don' t know if <br /> that person has been notified today that septage- can be <br /> dumped at Otis or not. I am not aware of that, " <br /> CHARLES <br /> BUCKINGHAM: "I think she has . " <br /> TOWN COUNSEL: "I f she has- than that problem has been solved. So she had. <br /> the septate, al ledgedly, in her basement from Monday, Tues- <br /> day and today. I submit that the Town did not create that, <br /> problem. The malfunction of her septic lagoon. is not the <br /> responsibility of- the Board of Health': <br /> HM. THOMAS: "Tie didn' t provide her a place to dump it" , <br /> TOWN COUNSEL: I'We have a statutory obligation to provide a place to dump <br /> septage. - Initially a town has no obligation to furnish a <br /> facility, in the- beginning, once a town sloes build a facility <br /> than- the town has a statutory obl=igation to maintain it and <br /> make it available to its inhabitants . It is sort of like if <br /> the Town didn't have any obli' tions whatsoever. once we <br /> build one we have the obligation to maintain it and make <br /> it available to the citizens of the Town. " <br /> QEL. GARLAND: "your recitation is find Joe, but I would like to- clear <br /> one point. That the relief demanded by Judge Dolan was <br /> not afforded by the Board of Health, it was afforded by <br /> the Board of Selectmen, by their indirect intrusion into <br />