11/3/2016 BOARD OF HEALTH Minutes

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one of which was a condemnable offense (310 CMR 410.482 — State Board of Fire Prevention -- carbon monoxide detectors were observed missing throughout the main level of the dwelling). Bob Weeke's, owner of Bob's Seafood Cafe, confirmed that he had a lease from May 2016 through May 2017. Mark Gildea, representing the owner of 701 Great Neck Road South, introduced himself to the Board. Attorney Gildea commented that the reason the matter did not proceed was based on the attorney's unavailability at the original meeting and also the next scheduled meeting. In May 2016, the tenant contacted the Board of Health. At that time the tenant was under eviction in the Falmouth District Court. In February 2016 a judgment for possession from the Falmouth District Court relative to the tenant was issued. The tenant continued to indicate that he would be out of the property and requested more time. The trust allowed the tenant to stay for a longer period of time, but it became evident that he would not leave voluntarily. Therefore, it was necessary to hire a Constable. A copy of the receipt from the Constable showing the execution that was served upon the tenant on May 3, 2016, was provided to the Board. This tenant first occupied the property in 2011, which at that time was in pristine condition. Attorney Gildea provided photographs and the signed lease to the Board. The occupant left mid-May 2016, and the new tenants rented in mid-June 2016. Prior to renting the property to this tenant in 2011, there were smoke and carbon monoxide detectors in the dwelling which had been removed. After the Board of Health noted the deficiency, the smoke and carbon monoxide detectors had been replaced and the mildew issue was immediately addressed. After the June 6, 2016, inspection the health agent identified five issues. One was no shingles on an exterior wall. The shingles were installed to address the issue even though that section of wall is covered by a bulkhead. Also, there was no rail going downstairs to a sand basement. The railing has now been mounted. Attorney Gildea remarked that the trust will acknowledge the mistake in not appropriately communicating with the health agents that all of the issues were addressed. The issue that had not been immediately addressed was to the final repair of the damage that was caused by the water. This was the subject of an insurance claim, and Attorney Gildea provided the Board with documentation pertaining to the claim. The property was promptly evaluated by the contractor to address the issues. The current tenant submitted a letter to the fact that he had no concerns with the conditions of the property. The interior of the property was clean, and no mildew was observed. The landlord had performed some temporary repairs to the ceiling and had been removing the personal property left in the yard and the garage by the prior tenant. A 30-yard dumpster was necessary to remove all of the debris left behind. As of the October 19, 2016, housing inspection, all of the corrections were addressed. Kalliope Egloff reviewed the fines for the violations: $100 per day for the Section 750 violation and $25 per day for the four remaining violations. $100 times 140 days of non-compliance comes to $14,000. $25 times four violations times 116 days is $11,600 for a potential grand total of$25,600 to date. Ten violations were corrected within the 30 days. The new tenants moved in shortly after the June 6, 2016, housing inspection. The carbon monoxide detectors were re-installed at that time. The Board discussed the fine structure and agreed to issue for 7 days of non-compliance. For the carbon monoxide detector violation it is $100 times 7 days and 3 offenses times $25 a day times 7 days for the missing railing, the leaking bulkhead, and the mildew and peeling paint. The Carbon Monoxide detector violation is $700, and the other violations are $525 for a grand total of$1,225. Brian Baumgaertel made a motion that the Board of Health issue fines for 701 Great Neck Road South for housing code violations and fire code violations in the amount of$100 for 7 days for the carbon monoxide detectors, $25 for 7 days for the railing, $25 for 7 days for the bulkhead, and $25 for 7 days for the paint issue for a total of$1,225. Kalliope Egloff seconded the motion. The motion was unanimously approved. 7:25 PM — Nitrogen Aggregation Loading Plan Request-- 32 Marway. Glen Harrington stated that Matthew Costa of Cape & Islands Engineering requested a continuance for 32 Marway due to zoning issues with the property. 2