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MINUTES October 27, 1994 4 BOARD OF HEALTH <br /> Attorney Kirraine questioned, "I would like some clarification as to what the <br /> proceeding is." "It is my understanding that a permit was issued by this Board relative to <br /> the drilling of a well." "To my knowledge if the party qualifies as an aggrieved person to <br /> that decision that party has a course of action which would be to appeal the decision of the <br /> Board pursuant to the State administration procedures act to the courts." <br /> Mr. Doherty stated, "Mr. Potts has requested his presence before the Board." <br /> "Mr. Marsters was invited in order to provide rebuttal." <br /> Mr. McQuaid stated, `Briefly, this past July engineering plans were submitted to <br /> this office by ARO Engineering on behalf of Prime Properties to develop two lots on <br /> Windermere Road." "There were no variances requested as town water was proposed to <br /> service these two lots." "In that there were no variances, I approved plans as Board <br /> approval was not necessitated." "Subsequently, revised plans were submitted to this office <br /> indicating a proposal to dig wells on the two lots to supply water." "When I saw that a <br /> red flag went up in my mind and I presented the issue to my Board." "The Board, at that <br /> time, voted to stand by the original plans that showed town water servicing the two lots." <br /> "I forwarded a letter to ARO Engineering and copied Mr. Marsters on it indicating the <br /> Board's decision and also indicating that he has the right to request a hearing before the <br /> Board to appeal the Board's decision which Mr. Marsters did." "At that meeting the <br /> Board reviewed the situation and questioned its previous history and voted 2 to 0 to <br /> reverse its decision and allow the wells to be installed." "Subsequent to that we received a <br /> telephone call from Mr. Potts asking how this transpired." "I informed him what had <br /> transpired and recommended, if he wanted to pursue the Board's decision, make an <br /> appointment to appear before the Board to get their clarification as to what transpired and <br /> how the decision was made." <br /> Attorney Carter stated, "Mr. Potts contacted me and brought this to my attention." <br /> "It was my understanding when Mr. Gill, which was the predecessor of the developer had <br /> the property, I believe it was a requirement that he bring town water into that <br /> subdivision." "At the same time I believe any new construction that he was going to have <br /> in that subdivision he understood it to be he would have to supply town water to lots that <br /> he was going to develop." "He relayed that information through the Association that he <br /> created to the rest of the residents in the subdivision." "Apparently some residents called <br /> the Board of Health and I was told someone from the Board of Health has indicated that <br /> f yes, any new construction would have to require town water to be installed." "Mr. Potts <br /> position is that Mr. Marsters is certainly the successor developer, it's not somebody who <br /> owns the two lots." "I, in fact know this because I represented Mr. Gill who lost the <br /> property and Prime Properties came in and took over the U.S. Trust, etc." "So they have <br /> L' <br />