Unbeknownst to almost everyone in Sterling, the Sterling Board of Health slid through, recently, a completely arbitrary and capricious septic system “Deep Observation Hole” evaluation regulation for real estate transfers involving subject properties that have not had a septic system “Deep Observation Hole” evaluation performed any time after April 1995. So, for all practical purposes, every home or business in Sterling constructed before April 1995, intended to be sold or otherwise transferred, is subject to this uncalled-for, asinine local regulation.
Scroll down to Part V., sub-section d., “SYSTEM INSPECTIONS AT TIME OF TRANSFER”– https://www.sterling-ma.gov/sites/g/files/vyhlif1266/f/uploads/2022-12-08_boh_sds_regs_attested_copy.pdf
This specious new local regulation is in outright derogation of 310 CMR 15.101, 102 and 310 CMR 15.301, 302. In other words it is Ultra Vires, promulgated by the Sterling Board of Health without legal authority and contrary to applicable state regulations.
SEE https://www.mass.gov/doc/310-cmr-15000-title-5-of-the-state-environmental-code/download
For an applicable definition of “derogation” in the legal sphere see:
https://www.merriam-webster.com/legal/derogation
The Sterling Board of Health’s December 2022 Meeting Minutes have this entry: “Discuss revisions to Local Subsurface Disposal Regulation.” There are a few similar entries in the Board of Health’s Meeting Minutes going back through 2022 BUT NOT ONE REFERS TO ANY NEW “DEEP OBSERVATION HOLE” evaluation requirement OR MENTIONS WHO PROPOSED THAT NEW REGULATION. WHY? Because the BOH are slippery cowards.
SEE https://www.sterling-ma.gov/node/2376/agenda/2022
SO, who stands to PROFIT from the new Sterling Board of Health’s “Deep Observation Hole” evaluation regulation? Well, none other than the Sterling Board of Health’s ‘full-time’ [wink, wink] Agent, David “Nowhere Man” Favreau himself!
“Nowhere Man” runs “David Favreau Construction & Septic Services” right here in Sterling– https://www.favreausepticservices.com/
He can be hired and paid by Sterling homeowners and businesses to dig those newly-required “Deep Observation Hole[s]” and have the Sterling Board of Health’s “alternate Inspector,” Robert Moore, certify the results, or bring in a neighboring Town’s Board of Health Agent or Inspector to do it.
Yet another Sterling Board of Health/“Nowhere Man” conflict of interest. How convenient! What a potential racket!
J.G.
STERLING, MASSACHUSETTS, OVERWATCH 
Attached is the Agent’s “DISCLOSURE STATEMENT” – which I refused to sign – as I strongly disagreed with all the therein named parties that No Conflict Of Interest is involved. Note that this version (I do not know if it’s been updated or not to reflect current Board membership) does not preclude the Agent from digging Deep Observation Holes for a fee. Gary Menin, Sr.978 422 8155
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PS: Documented citizen comments on Agent integrity over the years I was on The BOH – all but one has since moved out of Sterling:
“Sterling is one of the only towns that require their own agent to redo any title 5 inspections even after it is done by a license inspector not working for the town. Martha went thru this as well. We do not trust David Favreau due to his working in other local towns and suspect he fails septic as usual for this town in exchange for fellow contractors. He has major conflict of interests.” CK – Chase Hill Road “There is no past concern about the new system at my home on 34 Clinton Rd. Mr. Favreau made this all up after I complained to the selectman of Mr. Favreau’s dereliction of duty and failure to act. The next day dye was put into my new septic system at 34 Clinton Rd as a financial threat because I complained of Mr. Favreau’s in action. This was abuse of authority and coming here tomorrow is another abuse in my opinion. All I am requesting is an unbiased Title V Inspection done.” PB – Clinton Road “I have loaded a small sample of photos into a shared Dropbox folder from just six (6) of the many, many times in the last 3 years that David Favreau has harassed my family by parking in front of our house and taking pictures/videos of my house, my family, etc. He has spent many hours of time doing this, sometimes parked for more than a half hour at a time. I’ve only included a few pictures from each of these more recent occasions. Some are screen grabs from long videos. Two of the recent dates document both Allen Hoffman and David Favreau interfering with, and harassing the Comcast employees and contractors working to relocate our cable so that we could move forward with our septic upgrade. Each of these occasions occurred after the past Chairman of the BOH Donna Clark agreed in a public BOH meeting that Favreau would fully recuse himself from any matter relating to me, my family, or my property. Each of the attached incidents was also after the entire BOH and the town affirmed in a signed legal settlement document that he would fully recuse himself.” MR – Fox Run “Good morning Mr. Hoffman, This morning I dropped off a request addressed to you to provide an alternate Health Inspector for the Title V inspection I am having done 11/14/13. With all that has gone on, I feel more comfortable having someone who has no connection with me oversee my septic inspection. Thank you for your attention to this matter.” MH – Chase Hill Road “Who would be the BOH Agent on the replacement of the Tank & D-box? I believe both David Favreau & Bob Moore have conflicts in this area. ” SS – Loring Way “Amazing but as administrator of the town she won’t come forward and act upon hard evidence of the board of health breaking laws and trying to run people out of their homes. …….. I’m not sure why more people don’t come forward and speak up.” MM – Sherwood Drive
There are many unnamed others who also believe Agent Favreau is conflicted – they just have not written it down.
Gary Menin, Sr.978 422 8155
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