STERLING — Questions on the legality of the Board of Health’s deep hole observation regulation are heading to town counsel.
The Select Board approved a request by newly appointed Board of Health member Richard Lane to have counsel review his questions.
Lane said during the Dec. 20 meeting that he was not representing the Board of Health, although members agreed to have it reviewed.
The first question is procedural. Lane said that while the public hearing was held one condition was not met: To state at the time of the hearing what local condition was not being met requiring the change to require a deep hole observation.
“Some may think it is minutiae,” Lane said, but it is part of the regulation that the state cautions, if the requirement is not met, it makes the regulation invalid.
Lane’s questions also explore the Board of Health exceeding state regulations by removing the homeowners having the option of requesting a deep hole observation and making it a requirement.
“The regulation disregards the intent of Title V (the state sanitary regulations) which is to make it ‘as nonintrusive a manner as possible,’” Lane said.
The board approved allowing Lane’s questions to be posed to town counsel, which is an expense to the town, but will answer questions brought up by residents opposing the regulations, even going so far as to have a question at town meeting asking the Board of Health to reassess the regulation.
