10/9/2013 BOARD OF HEALTH Minutes

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Town of Mashpee 5 - :' 16 Great Neck Road North { Mashpee, Massachusetts etts 02 9 ;BLE ., BOARD OF HEALTH PUBLIC SESSION Minutes of the Meeting of October 9, 2013 Board Members Present: Also Present: Kalliope Egloff, Chair Glen Harrington, Health Agent Lucy Burton, Co-Chair Burton Malan, Clerk Chair Kalliope Egloff called the meeting to order at 7:00 PM. APPOINTMENTS 7:15 PIS —James c d lr, Jr. —Title V and Local BoH Violations — 12 Monornoscoy Road West. Glen Harrington stated that the property at '12lonomoscoy F oad West is serviced by a cesspool. The property was transferred on May 15, 2013, without the benefit of a septic inspection. In IIIb. Harrington's opinion Title V states that the owner is responsible for performing a septic inspection prior to a property transfer. Therefore, the previous owner was ordered to appear before the Board. This former owner confirmed that it was a cash sale-and that the family could no longer maintain the property. IIIb. Harrington commented that a copy of the Purchase & Sale Agreement has not been submitted to the Board of Health to verify that the buyer took responsibility to have a septic inspection performed and for repairing the septic system . When Mr. Cod air received the order letter, he contacted his attorney, Laura Moynihan from Falmouth. Discussions and correspondence between the Board of Health and Attorney Moynihan took place as to the responsibility. The Purchase and Sale Agreement does not absolve the previous owner from the responsibility of having a septic inspecti n. IIIb. Harrington commented that the Board of Health regulation for cesspools requires that the cesspool must be upgraded prior to the transfer. A variance to the Board of Health regulation to sell the property with a cesspool is to be requested. Attorney Laura Moynihan has proposed to dismiss the discussion totally and request an extension. Lucy Burton made a motion that the Board of Health extend the discussion on 12 Ilonomoscoy Road West to the November 13, 2013, meeting. Burton Caplan seconded the motion. The motion was unanimously approved. 7:20 PILI —Judith and Steven Rivers— Housing Condemnation — 87 Lighthouse Lane. Glen Harrington commented that on May 12, 2011, he witnessed and certified the septic system at 87 Lighthouse Lane in failure. Mr. Harrington observed surcharging of the septic tank and the leaching pit where the liquid levels were into the risers. Two years have passed with no action.