9/1/2016 BOARD OF HEALTH Minutes

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The storm water retention areas have a subsurface component to mitigate standing water. The parking, lighting, security, and access have been covered by other Town Departments. Also, since this is a commercial/industrial property, Mr. Harrington recommends to approve with the Commercial Property Requirements. Lucy Burton made a motion that the Board of Health approve the Site and Septic Plan Design for 29 Echo Road with the condition that the Mashpee Board of Health Commercial Building Requirements are incorporated. Brian Baumgaertel seconded the motion. The motion was unanimously approved. 8.05—Title V Septic Plan Approval — 17 Monomoscoy Road West. Glen Harrington requested that the Title V Septic Plan approval for 17 Monomoscoy Road West be continued to the next Board of Health meeting allowing Mr. Borselli and the attorney for the property an opportunity to represent the owners. There are no variances for 17 Monomoscoy Road West, but since there are comments and concerns by an abutter, Mr. Harrington would prefer their presence to hear the commentary. Kalliope Egloff made a motion that the Board of Health continue discussion on 17 Monomoscoy Road West to the next Board of Health meeting. Lucy Burton seconded the motion. The motion was unanimously approved. NEW BUSINESS 1. Sign Expense Warrants. The Board members signed the expense warrants. 2. Review/Approve BOH Public Session Minutes: August 4, 2016. Lucy Burton made a motion that the Board of Health approve the Public Session minutes of August 4, 2016, as presented. Brian Baumgaertel seconded the motion. The motion was unanimously approved. 3. Town Counsel's Comments: Restricting Sale of Tobacco Products. Glen Harrington remarked that Town Counsel forwarded comments on the wording of the newly amended tobacco regulation. One comment was regarding a minor and a parent or legal guardian giving tobacco products to an individual less than 21 years of age. Town Counsel suggested deleting this as it didn't make sense. The other portion was under violations. Town Counsel recommended that the use of Chapter 40 Section 21 D, as a non-criminal citation, be listed within the same section of violations, not a separate section. It was not the wording but merely changing the order in which it appears in the regulation. Also, correct the misspelling of the word "therefore". Mr. Harrington will re-advertise the tobacco regulation once the Board approves Town Counsel's recommendations. Lucy Burton made a motion that the Board of Health approve the amended regulation "Restricting the Sale of Tobacco Products". Brian Baumgaertel seconded the motion. The motion was unanimously approved. 4. Condemnation Hearing: 37 Tri-Town Circle. Glen Harrington commented that the exterior of the property located at 37 Tri-Town Circle is extremely cluttered with trash and appliances. Mr. Harrington submitted a request to the Town Manager's office for clean- up of the property by the Department of Public Works. Mr. Harrington stated that the Health Department was informed someone may still be living in the basement and the utilities have been disconnected. According to the code, the property is considered occupied and Mr. Harrington posted the dwelling as unfit for habitation. The Bank has been notified of the hearing with no response. The Department of Public Works will supply the Health Department with an invoice for the clean-up, and a lien will be placed on the property. Mr. Harrington is requesting that the Board vote to condemn the property, issue a finding that the property is unfit for human habitation, and require the dwelling to be secured and vacated. Also, since active rats have been observed at the property, order the health agent to hire a pest control company. Brian Baumgaertel made a motion that the Board of Health issue a finding that the dwelling located at 37 Tri- Town Circle is unfit for human habitation, condemn the dwelling, and require the dwelling to be secured and 3