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In January 2014, a similar situation occurred at 12 Monomoscoy Road West,where a buyer made a cash
<br /> purchase and no inspection was performed on a property with a cesspool. The board at that time voted
<br /> to issue a$500,00 fine ($250.00 for violating Title V, 310 CMR 15,301(1) & (11)and.$250,00 for violating
<br /> Part IX Section 19.00 of the Mashpee Cesspool Regulation).
<br /> Mr. Harrington advised the board that the 600 gpd regulation would have to be enforced with the buyer
<br /> of the property. An order letter, dated June 24, 2019 and outlining the violations for non-inspection of
<br /> the on-site septic systems,was received by the buyer on June 26, 2019, The buyer's attorney contacted
<br /> Mr. Harrington on July 9, 2019. The 30-day required timeframe for compliance with the order expires on
<br /> July 26,2019. To date,no septic inspections have been submitted to the Board of Health for this address.
<br /> Ms. Langler asked if there had been any action on the part of the new owner, Mr. Marichal,to apply with
<br /> DEP for groundwater discharge permit. Mr. Harrington said none that he had been made aware of, He
<br /> stated that there are three systems on the main building, and individual systems for each of the 20
<br /> cottages, Two of the system on the property are in failure,and three are still cesspools.
<br /> Chair Baumgaertel asked, with respect to the new owner, can the board assess daily fines, and Mr.
<br /> Harrington answered in the affirmative, and-until compliance is achieved and confirmed by a Health
<br /> Agent. There are several options how to proceed, but no decisions can be made until the condition of the
<br /> septic systems is known through inspection. Mr. Marichal's attorney contacted Mr. Harrington by
<br /> telephone to ask if the board would be willing to work with the owner, and Mr. Harrington advised him
<br /> to file the septic inspections.
<br /> Board members agreed that zero effort has been made to comply, and they were not inclined to show
<br /> leniency. Inspection is the legal instrument that would require upgrades/repairs to be done and,without
<br /> those, no decisions could be made,regarding the property. Mr, Harrington advised the board that Title V
<br /> and the local regulation authorize daily fines,with a maximum of$500/day under Title V,and a maximum
<br /> of$300/day under the local regulation.
<br /> Ms. Langler stated,with respect to previous owner,the board should be provided with a legal document
<br /> showing that the buyer agreed to take responsibility for septic. An email was not sufficient evidence, Ms,
<br /> Langler suggested the board vote to fine Mr. Halpern under Title V and the current owner under the
<br /> Cesspool Regulation, but Mr. Harrington recommended the opposite, stating that the new owner will be
<br /> have failed to inspect the property under orders by the Board of Health beginning the following day. The
<br /> Cesspool Regulation states that"is has to be repaired prior to the sale/transfer of the property, which
<br /> would apply to the previous owner. He advised the board that a rough older plan existed which showed
<br /> cesspools on the property. He also stressed the importance of being consistent in the imposition of fines
<br /> to the seller and the buyer. Mr. Halpern would have to be assessed a one-time fine because he no longer
<br /> has rights to the property, but the new owner can be assessed daily fines.
<br /> There being no further comments or discussion, Mallory Langler moved to issue to Richard Halpern,the
<br /> previous owner of 100 Great Neck Road North, a fine of$500 —$250 for violating Title V and $250 for
<br /> violating Mashpee Board of Health Regulations. Motion seconded by Laurel Almquist. VOTE: Unanimous
<br /> (3-0).
<br /> Mallory Langler further moved to issue to Juan Marichal,the current owner of 100 Great Neck Road North,
<br /> a daily fine of$250 for violating Title V,310 CMR 15,301(1)&(11)and a daily fine of$250.00 for violating
<br /> Part IX Section 19.00 of the Mashpee Board'of Health Regulations; Fines shall accrue daily, beginning July
<br /> 29, 2019, until compliance is achieved and confirmed by a.Health Agent. Motion seconded by Laurel
<br /> Almquist. VOTE: Unanimous (3-0),
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