12/9/2009 BOARD OF HEALTH Minutes

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TOWN OF MA BOARD OF HEALTH - PUBLIC SESSION Minutes of the Meeting of Wednesday,nesday, December 9, 2009 Board Members ears Present: Members Absent: Also Present: Burton Kaplan, Chairman Lucy Burton} Clerk Glen Harrington, Health Agent Kalli pe Egl ff, Co-Chairman Catherine Laurent, DPNH Director Chairman Burton Caplan called the meeting to order at 7:03 PM. APPOINTMENTS 7:15 PM Mike Borselli, PE w 1Daniels Island David Martin, with Falmouth Engineering, representing Mr. and Mrs. Bio m, owners of the property at 176 Daniels Island, introduced himself to the Board. f i Glen Harrington reviewed the history of the property at 176 Daniels Island Road. On 11/12/08, Elizabeth McNichols, attorney for Mr. & Mrs. Bloom, cane before the 130H, stating that the Blooms were purchasing the property at 176 Daniels Island} and the property had a cesspool which, according to B H regulation, necessitated the installation of a septic system before the Blooms closed on the property. An enforceable agreement dated 12105/08 was approved by the BOH, which was created and signed by Glen Harrington and the buyers, the Blooms, who now own the property. lender the terms of the enforceable agreement, the property was to have a septic system installed by 12/05/09. As of 12/09/09, a Title V design plan for the septic system has not yet been presented to the BH for.approval. David Martin stated that it was through negligence on the part of the Blooms that the timeline for installation of the septic system had expired. Mr. Martin added that the Blooms have never occupied the house at 176 Daniels Island: and since the building has not been occupied for the past year there is no health risk involved at the present time. Glen Harrington stated that the issue before the Board of Health is the violation by the Blooms of the terms agreed upon in the 12/05/08 enforceable agreement, with an expiration date of 12/05109. Calliope Eglff made a notion in regard to the property at 176 Daniels island Load, also morn as 2 Daniels Island load, that the BOH require the septic system to be backfilled within 30 days after permitting approval by Don-Corn, thereby condemning the property; that approval for a septic design plan for the property may be given over the counter TC by Glen Harrington, Health'Agent; and that the Blooms are to be fined $500 for violation of the terms of the enforceable agreement dated 12105108. Burton Kaplan seconded the motion. The motion was unanimously approved. • NEW BUSINESS 1 sign Warrant. Board members signed the warrant. 1.