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Attorney Wall commented that when Mr. Halpern purchased the property in 1985, it had the layout of five <br /> bedrooms. This had come to the attention of the Health Department because of the problem with the septic <br /> system. Mr. Halpern hired Matt Costa of Cape and Islands Engineering to design a septic plan. Attorney Wall <br /> remarked that it appears that the three bedroom septic system, which is in the ground and having issues, is <br /> lawfully built. However, there are no records for a second septic system on the property. <br /> Attorney Wall is exploring other alternatives. One is to continue to research available records to demonstrate if <br /> there are five lawful bedrooms. After a conversation with Mr. Costa, it seems it is not possible to install a <br /> denitrification system because there isn't enough land area. Mr. Costa was asked to prepare proposals for a <br /> Nitrogen Aggregation Plan to be brought before the Board of Health. <br /> Attorney Wall is requesting a further continuance so that the research can be completed and then Mr. Halpern <br /> can make a decision as to which option would be best. His choice is to modify the floor plan to reduce the <br /> number of bedrooms to three and install a conventional septic system; or, submit a nitrogen aggregation plan <br /> for a 5-bedroom home. <br /> Mr. Harrington and the Board discussed the options and felt the Nitrogen Aggregation Plan is the best choice <br /> to increase the number of bedrooms. Mr. Harrington researched all available possibilities and could not locate <br /> any information or floor plan with additional bedrooms. The Board is willing to grant one final continuance. <br /> Mallory Langler made a motion that the Board of Health continue discussion for the Sanitary Code and Title V <br /> Violations at 4 Tri-Town Circle to the next scheduled Board of Health meeting on December 14, 2017, allowing <br /> Attorney Wall to return with the decision of either the Nitrogen Aggregation Plan or the reduction in bedrooms <br /> and also the septic design plan. Laurel Almquist seconded the motion. The motion was unanimously approved. <br /> 2. Review of Fines: Blast Fitness (106 Falmouth Road). <br /> Glen Harrington stated that fines were issued back in April and received by Blast Fitness Management on April <br /> 10, 2017, for failure to fix violations found on March 21, 2017. Five violations were not corrected, 10 days <br /> elapsed, and at $100.00 per violation $5,000.00 in fines were issued. To date, the fines have not been paid. <br /> On November 8, 2017, Mr. Harrington received a phone call from Mr. Jason Williams, Vice President of <br /> Operations for Blast Fitness. Mr. Williams sent a letter/email explaining the situation with Blast Fitness <br /> management. In the letter Mr. Williams questioned the computation of the $5,000.00 fine. Blast Fitness <br /> submitted a $500.00 check with their calculation of 5 violations times $100.00 per day, completely ignoring the <br /> 10 days. The order letter that Blast received in March cited $1,000.00 per day fines for 10 days which is <br /> $10,000.00. Therefore, the Board could revert back to those fines. <br /> In order to get a sense of the time spent at Blast Fitness over the past 7 years, Mr. Harrington's research <br /> indicated that 34 inspections for 22 complaints have been performed. Typically, this Board tries to cover the <br /> costs of the Health Agent's time and at $100.00 per inspection it amounts to $3,400.00. <br /> Since no response was made by Blast Fitness and as voted by the Board at the last meeting, this was to be <br /> forwarded to Town Counsel to issue a complaint in court. Now that Blast Fitness contacted Mr. Harrington and <br /> requested that the Board revisit this situation one more time, Mr. Harrington did not submit the complaint. <br /> Since this has been such a long process, Mr. Harrington is requesting the Board to make a decision as to <br /> whether or not to accept the $500.00 check, and/or to forward this to Town Counsel. <br /> b <br /> At this point everything at Blast Fitness has been corrected. The corrections that were addressed were not <br /> performed in a timely manner. Also, the ability to control the moisture in the building is necessary because of <br /> the mold issue. <br /> Mallory Langler made a motion that the Board of Health reject the $500.00 check from Blast Fitness because it <br /> does not meet the fines set forward by the Board of Health. Also, forward the fines to Town Counsel for <br /> 4 <br />