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the number of bedrooms are restricted. An accessory apartment also requires Site Plan Review and Zoning <br />Board of Appeals approval. <br />Kevin Kirrane, attorney representing Krystal Parsons, the current owner of 140 Noisy Hole Road, introduced <br />himself to the Board. <br />Attorney Kirrane stated that Ms. Parsons is currently living in Florida. The situation was brought to her attention <br />in December of 2014, at which point she discovered that there was a fine of about $22,000. Krystal Parsons <br />informed Attorney Kirrane that she never received documentation nor correspondence from the Town of <br />Mashpee relative to the imposition of the fine until she received the letter in December 2014. Ms. Parsons <br />contracted Peter DeBarros to pump the septic system at that time. <br />Attorney Kirrane commented that Scott Torrey has been engaged to replace the septic system and that a letter <br />was to be submitted by Mr. Torrey indicating that he had been hired to replace the septic system located at <br />140 Noisy Hole Road. <br />Attorney Kirrane informed Ms. Parsons that, in his opinion, the apartment over the garage is illegal. He is not <br />certain that the apartment over the garage was ever legal. In order to have an accessory apartment in the <br />Town of Mashpee, the actual owner of the property must live on the property and in the main dwelling. This <br />has not been the case. A Quit Notice was sent to the tenant residing over the garage advising them that they <br />are a tenant -at -will and must vacate the premises. <br />Glen Harrington stated that he has not received a letter from Scott Torrey, and there has been no engineering <br />of the septic system. Peter DeBarros has not pumped the septic system because he has not been given <br />approval. Glen Harrington remarked that the pumping of the system must be accomplished by the end of the <br />business day on January 16, 2015, notification to the Board of Health of the pumping, and continued pumping <br />on an as needed basis because the septic is overflowing onto the ground surface. Mr. Harrington stated that <br />the owner has until January 27, 2015, to have the system designed, engineered, and repaired. The septic <br />system needs to be addressed since there are children living on the property. <br />Kalliope Egloff made a motion that the Board of Health mandate the septic system located at 140 Noisy Hole <br />Road be designed, engineered, and repaired by January 27, 2015. The septic system shall be pumped by a <br />licensed septic pumper by the end of the business day on January 16, 2015, with notification to the Health <br />Agent of the pumping. A fine of $300.00 per day will begin on January 28, 2015, if the septic system is not <br />engineered and installed by January 27, 2015; and a fine of $300.00 per day starting on January 17, 2015, if <br />the septic system is not pumped by end of business on January 16, 2015, with notification to the Board of <br />Health. Burton Kaplan seconded the motion. The motion was unanimously approved. <br />Amy Harris, tenant residing above the garage at 140 Noisy Hole Road, introduced herself to the Board. <br />Ms. Harris stated that she lives in the apartment above the garage with her two children. There was a hole in <br />the ground in the area near the entrance to the apartment where septic is flooding the ground around the <br />stairway to the garage apartment. The hole has recently been pumped and filled. Ms. Harris paid the first <br />month's rent, last month's rent and a security deposit for the rental above the garage to Krystal Parsons. The <br />plumbing issue has been corrected so that the toilet does not run continuously which was contributing to the <br />overflowing/failed septic system. Ms. Harris had the well water sampled since the septic overflow is near the <br />drinking well. Ms. Harris commented that she has been buying bottled water since even before this all came <br />about. <br />Donna Spaulding, mother of Amy Harris, introduced herself to the Board. <br />Ms. Spaulding commented that Amy Harris's oldest daughter has been ill and was placed on a nebulizer. It is <br />not certain whether the drinking water may be the cause. Amy Harris has been served with a Quit Notice and <br />must vacate the property by February 28, 2015. <br />3 <br />