1/15/2015 BOARD OF HEALTH Minutes

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should be staying at the property. Lucy Burton stated that tonight's meeting of January 15, 2015, is official notification that there is a fine of $500.00 on record for the property. Kalliope Egloff remarked that an inspection of the property needs to be scheduled within seven business days. The inspection should be performed by January 23, 2015, and Mr. Wheeler must schedule a day and time for inspection of the property with the Health Agent. Mr. Harrington commented that the Board has the right to raze the dwelling after one year of condemnation. Kalliope Egloff made a motion that the Board of Health require Mr. Scott Wheeler, property owner of 51 Santuit Pond Road and other addresses, to schedule an appointment with the Mashpee Board of Health for inspection of the property located at 51 Santuit Pond Road to address the 2007 condemnation of the property prior to the end of the business day on January 23, 2015. Burton Kaplan seconded the motion. The motion was unanimously approved. Kalliope Egloff made a motion that the Board of Health issue Mr. Scott Wheeler, property owner of 51 Santuit Pond Road the $500.00 fine as official notification from the Town of Mashpee on January 15, 2015, for the October 22, 2007, condemnation for failure to repair the violations. Burton Kaplan seconded the motion. The motion was unanimously approved. Kalliope Egloff made a motion that the Board of Health forward the property located at 51 Santuit Pond Road to Town Counsel for collection if it is not inspected by the end of the business day on January 23, 2015. Burton Kaplan seconded the motion. The motion was unanimously approved. 7:20 PM — Krystal Parsons 1 Attorney Kevin Kirrane — Housing Violations — 140 Noisy Hole Road. Glen Harrington commented that the original inspection for the property located at 140 Noisy Hole Road took place on March 21, 2013, for the main dwelling. Two violations were observed: co -mingling of electricity for two dwelling units and no smoke detectors. The owner was notified via first class mail. It appears that no violation has occurred for the co -mingling of electricity because the owner has been paying for the electricity on the entire property. The owner's attorney provided the electric bills as proof of payment. In regard to the smoke detectors, an electrician visited the property, but no follow-up inspections were requested. The fines issued in the December 4, 2014, letter shall apply to the smoke detector violation only. In January 2015, another inspection of the garage apartment was performed at the request of the garage tenant, Amy Harris. Four violations were documented: the lack of smoke detectors, the overflowing septic, a crack in the tread of the outdoor stairs, and the lack of weather stripping on the main door. Mr. Harrington remarked that the garage was constructed in 2005, and according to the Building and Fire Codes, the smoke detectors must be hard -wired with battery back-up. The other violations noted at the garage apartment, except the septic, may be repaired within 30 days of receipt of the order letter. The tenant indicates the septic has been overflowing since December 17, 2014. The Board of Health witnessed it for the first time on January 8, 2015. The owner has been notified by the Board of Health, and nothing has been done to mitigate the emergency. Conversations with the septic pumper, Peter DeBarros, have indicated that he has not received permission from the owner to pump the septic system to remediate the emergency. As two families are affected by the emergency, Mr. Harrington recommends that the Board of Health issue an order to have the septic system pumped immediately at the owner's expense. The pumping should continue as needed until the new septic system can be designed and installed. Another issue is that the room over the garage was never meant to be an apartment. The Building Inspector issued Occupancy for sleeping quarters only with no stove for the father of the owner in 2006. The use as an apartment is considered a second dwelling unit. A bedroom in the main dwelling was removed to maintain the bedroom count at a total of three for the property because 140 Noisy Hole Road is located in Zone Il, where 2