9/15/2016 BOARD OF HEALTH Minutes

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Glen Harrington commented that a septic inspection was performed on this property on May 26, 2016, for the purpose of a property transfer. The result of the inspection was a "conditional pass" due to a leaking septic tank and a corroding distribution box. The current owner is selling the property "as-is". A variance is required to sell the property because Mashpee's septic inspection regulation states that all repairs need to be completed prior to the sale. Ms. McGauley stated that this is an estate situation as the owner of 18 Tern Circle passed away unexpectedly. The estate does not have sufficient funds to repair the septic system; however, there is a prospective buyer for this property. As part of the negotiations for the sale of the property, the buyer has agreed to assume the repairs post-closing. The closing date is scheduled for September 21, 2016. Lucy Burton made a motion that the Board of Health grant the variance with the condition that an enforceable agreement is prepared and that the system upgrade is completed with the Certificate of Compliance issued 60 days from the date of closing. Brian Baumgaertel seconded the motion. The motion was unanimously approved. 7:25 PM —Title V Septic Plan Approval — 17 Monomoscoy Road West. Glen Harrington commented that the attorney for the applicant of 17 Monomoscoy Road West has requested a continuance to the October 6, 2016, Board of Health meeting or until Town Counsel renders an opinion. 7:30 PM --Appeal Fine Imposed by Board of Health —Title V Septic Violation — 23 Spoondrift Way. Glen Harrington commented that the Board of Health fined the owners of 23 Spoondrift Way at the previous Board of Health meeting for eight alleged years of not having their Innovative/Alternative Septic System maintained. Mr. Bartolomeo explained to Mr. Harrington that Winston Steadman was contracted during the timeframe the fines were issued. Winston Steadman has been delinquent on inputting information into the Barnstable County Department of Health and Environment database. The owners were to provide evidence of said contracts. The owners currently have a contract with Mike Bisienere of Cape Septic Inspections. Mr. Bisienere inspected the system on July 28, 2016. Michael Bartolomeo, owner of 23 Spoondrift Way, introduced himself to the Board. Mr. Bartolomeo commented that he lives in New Jersey and assumed that Mr. Steadman was inspecting the Innovative Alternative Septic System. Brian Baumgaertel stated that he contacted Winston Steadman specifically for this property and was informed that he has not had a contract in a number of years. Mr. Steadman does not accept payment until services are rendered. The last contract of record was 2011 and expired in 2013. Barnstable County Department of Health and Environment has inspections and samples from 2003-2005 from Waste Water Treatment Services. At that point there is nothing recorded in the database system until 2016 when Cape Septic Inspections submitted information for 2016. During the timeframe between 2005 and 2009, Mr. Baumgaertel sent six certified letters to Mr. Bartolomeo with the certified mail green cards returned but no response from the owner. The Board discussed the circumstances of the evidence presented. Contract information has been provided for three of the eight years; therefore, eliminating $900 of the $2,400 fine for a total of$1,500. Discussion on 23 Spoondrift Way was continued to the next Board of Health meeting scheduled on October 6, 2016. 7:35 PM — Housing Compliance Review of Condemnation and Hoarding Violations— 394 Cotuit Road. Glen Harrington stated that at the August 4, 2016, Board of Health meeting Erika Woods conducted a presentation on hoarding and her involvement with the property located at 394 Cotuit Road. Ms. Woods would like to discuss the closing requirements to end the violations for this property. Mr. Harrington noted some of the goals for 394 Cotuit Road: the width of the pathways, the use of the room, the use of the windows and ventilation, visits by other inspectional services, and the use of the clutter image 2