10/19/1995 BOARD OF HEALTH Minutes

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MINUTES October 19, 1995 5 BOARD OF HEALTH Mr. Ball motioned to grant the sideline variances as requested, Mr. Cram seconded, all agreed. Perry vs. Ping,- Lisa Lane Mr. Evans relayed, "I was in court today regarding the Perry vs. Pina situation." "The matter was settled out of court." "Later this afternoon Ms. Perry came by the office and requested the Board rescind the violations indicated on the inspection form as it has something to do with some kind of payment to Comm. Electric." "I informed Ms. Perry I would discuss the matter with the Board." "I don't have a problem with it." Mr. McQuaid stated, "Mr. Evans and I both inspected the premises yesterday afternoon." "We did not inspect the in-law apartment as it was vacant." Mr. Evans stated, "It is the Perry's contention that as of a certain date everything will be vacant so at that point there are no true violations." Mr. Doherty stated, "Why, just because it is unoccupied it doesn't make it a dwelling." "I am a little reluctant to do what their asking because rescinding means that we were wrong and now we're taking it back which I don't believe that's the case." "I wouldn't do it unless we were advised by Town Counsel." Mr. McQuaid commented, "I don't know exactly what they're asking us to rescind." Mr. Evans relayed, "Apparently, Comm. Electric has told them if we send them a. letter saying that those violations no longer exist or that we remove those violations then they don't have to worry about the co-mingling problem anymore." Mr. Doherty questioned, "Is it a fine that Comm. Electric is trying to collect from them?" Mr. Evans replied, "No, I have no idea." Mr. Doherty stated, "If they are requesting us to do something we need a written request." "I'm not inclined to rescind anything." Mr. McQuaid stated, "The only time we should consider changing anything we noted on our inspection form is for us to be assured the house is now a one family house,