8/24/2011 BOARD OF HEALTH Minutes

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3) The actual amount of credit land needs to,be shown on the facility plan Glen added that the DEP will have to approve the final plans; then the BOH will sign the Grant of Title V Nitrogen Loading Easement and Restriction Documents. Burton Kaplan made a motion that the Board approve the plans submitted-by Habitat for submission to Mass. DEP, subject to the three above-stated conditions. Kalliope Egloff seconded the motion. The motion was unanimously approved. 7:45 --Nathaniel Davis — 70 Quinaquisset Ave: Request to Rescind Order Letter Fine Glen Harrington gave background on the issue, stating that the Health Office had received a complaint about debris in the yard at 70 Quinaquisset Avenue. On August 5, 2011 the Assistant Health Agent visited the property and found that there was furniture, an abandoned refrigerator, some household trash, and other debris littering the yard, with a second story window open to the elements. A warning notice was left at the time of the inspection, giving the owners 48 hours to mitigate the nuisance, which it was considered under MA. General Law, Chapter 111, Section 122. A$100 dollar per day fine would be imposed if cleanup of the nuisance was not completed within 48 hours. On August 8th the Assistant Health Agent returned to do a re-inspection and found that no work had been done, and therefore fines were issued beginning on 8108111 and were to continue until the nuisance had been abated. Glen stated that the Assistant Health Agent did a re- inspection of the property today, 8124111, and found that the nuisance material had been cleaned up, Nathaniel and Donna Davis introduced themselves to the Board as owners of the property at 70 Quinaquisset Avenue. Mr. Davis stated that the house is a rental property and tenants were in there until August 1, 2011. The renters had not been paying the rent since March 2011 and the Davises had been informed by their attorney that they could not evict the renters until the end of the rental contract, and advised them not to try to contact the renters because of legalities of the eviction process. Donna Davis stated that because of an incorrect mailing address, they did not receive the warning letter until August 15th, as they were on vacation and did not return until 8115111, and on 8116111 they came to the BOH office to address the notice. Mr. Davis stated that within 48 hours of their receipt of the warning letter, the debris had been cleaned up. Burton Kaplan made a motion that the Board rescind the fines levied against 70 Quinaquisset Avenue. Kalliope Egloff seconded the motion. The motion was unanimously approved. Glen Harrington will send a letter to Mr. & Mrs. Davis confirming the rescinding of their fines.. 8:00 - Peter McEntee, Engineering Works, Inc, 119 Ninigret Avenue Peter McEntee, with Engineering Works, Inc., introduced himself to the Board as representing his client, Mrs. Susan Sieloff. Mr. McEntee was requesting that the following 4 variances be considered for the purpose of a Title V Septic Upgrade at 119 Ninigret Avenue: 1. A 5' variance, SAS to property line (front), for a 5' setback 2. A 3' variance, SAS to property line (side), for a 7' setback 3, A 6' variance, SAS to cellar wail, for a 14' setback- 4. A 35' variance to the required 100' setback from a wetland, for a 65'setback Glen Harrington commented that septic plans were prepared for a 3-bedroom existing dwelling that is currently serviced by a cesspool that is 50 feet from the wetlands. Plans include a new 1500- gallon septic tank with a Sludgehammer denite system, an ultra-violet light for disinfection (required 2