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MIIWTES October 27, 1994 7 BOARD OF HEALTH <br /> presented copies of minutes dated September 16, 1993 and stated, "The minutes state that <br /> we are excluded until there was a certain requirement before we could become members." <br /> "Prime Properties excluded us and this is basically a copy of the minutes of their meeting." <br /> Mr. Doherty stated, "When plans were first presented to us it did show water <br /> service and we all assumed that main was available and it was never questioned." <br /> "Revised plans came in requesting wells with no variances." "That's when we began to <br /> question it and we had insisted that he tie into town water." "When Mr. Marsters came <br /> before us and pointed out that the main was never brought down there the Board looked <br /> at just about every issue that we could think of regarding why, where, why not, how and <br /> why shouldn't you do it just to be a nice guy." "Economics was really not considered." <br /> "The minutes reflect the Board would not entertain the issue of it being an economic <br /> hardship." "The primary factor for the Board's decision in reversing it's decision to <br /> voting in favor with one abstaining was the water in that area was not known to be <br /> inadequate for drinking purposes, no variances were necessitated and the issue of <br /> accessibility was brought up." "Prior to this point the Board of Health declared the only <br /> acceptable source of water is town water when its readily accessible." "We have never <br /> defined readily accessible." "Obviously, if it fronts your property it's readily available." <br /> "We have an issue here where the owner's of the two corner lots own to the center of <br /> street and therefore the street is privately owned." "I am sure there is a utility easement <br /> there but the developer I don't believe qualifies as a utility. "The issue of bringing water <br /> some 250' off of the main could be considered a financial hardship but again, I would not <br /> entertain a financial hardship issue but more the accessibility - crossing private property." <br /> "Had there been any indication of bad water, had there been any variances requested the <br /> well would have been denied." "Where Mr. Marsters met all the requirements and the <br /> town requirements are more stringent then that of the State I had to vote in favor of the <br /> applicant and grant him the well permits." "If we were somehow faulted in our <br /> interpretation of accessibility, or if the water tests come back unacceptable the only other <br /> alternative is to tie into town water." <br /> Mr. Cram stated, "There are some things as far as precedent that concern me." <br /> "The Board prior to the current members had stipulated and asked, I am referring to one <br /> letter dated July 19, 19991 directed to Peter Fitzpatrick of Multivest Properties, Multivest <br /> Banking Institution to indicate the frame by which funding was to become available to <br /> install water mains to provide public water to all remaining undeveloped lots." "In <br /> particular, paragraph two refers to lot 25 which is now #98 Dover Road, the Board voted <br /> to allow the installation of a temporary private well to service the dwelling on the <br /> condition that a restriction be placed on a deed to this property stating the owner will tie <br /> into the public water supply once it becomes available." "This restriction must be <br /> recorded with the Barnstable Registry of Deeds a copy of which was to be forwarded to <br />