3/5/2020 BOARD OF HEALTH Minutes

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Harrington stated that he was asked by the Town Manager's Office to give a detailed account of the administrative record for this complaint, most likely to explain the activities that have occurred and the lack of compliance that would support the need for Town funds to possibly be expended. Mr. Harrington did go out to the property earlier that day to check if the refuse pile had a cover on it,which it did not, but it did not look like there was any recent activity either. Mr. Harrington brought to the Board's attention that their decision and the subsequent order letter did not give a timeframe within which the refuse pile had to be covered; therefore, he recommended that the Board clarify that so it could be enforced. A couple of Board members stated that they had seen Mr. Cabral's truck previously on the road, presumably conducting business without a permit. Mr. Harrington informed the Board that, when he visited the site earlier that day, Mr.Cabral's container truck was parked at the property. Chair Baumgaertel asked if DEP had taken any action and Mr. Harrington answered that they have held off on any enforcement because the Town was addressing it. Mr. Harrington stated that he had been in contact with Michael Whiteside of DEP, who is monitoring the situation through the Site Compliance and Enforcement Division. There being no further comments or discussion, Mallory Langler moved to require a tarp to be placed over the refuse pile at 81 Echo Road within three days of receipt of the order letter. Motion seconded by Veronica Warden. VOTE: Unanimous (3-0). 2. Review of Short-Term Rental Property Regulation. Veronica Warden brought up the previous request by a rental property owner to be"grandfathered"with respect to rooms/occupancy. She reminded Board members that it should be based on and enforced according to Title 5, taking into consideration whether the property is in a Zone II, what the septic system can legally accommodate, and what the records show the property to be permitted for. Ms.Warden,felt strongly that the Board shouldn't vary from what it has been enforcing in the past, witiVrespect to the septic capacity and occupancy. Mr. Harrington responded that there is a difference between setting the number of bedrooms, which is what the Board has historically done,versus setting occupancy. Mr. Harrington made the point at the last meeting that nowhere in Title 5 does it specify two people per bedroom. The 55 gallons/day per person did not carry through to the 1978 code or any subsequent code, and is not enforceable in Mr. Harrington's opinion. He reiterated that,while the Sanitary Code determines occupancy based on habitable space and the total square footage of the home,Title 5 does not specify how many people,per bedroom. Mr. Harrington advised the Board that the Town of Eastham has capped occupancy at two people per bedroom, plus two. Ms. Langler stated that both Falmouth and Yarmouth have capped occupancy at two people per bedroom. She noted that Eastham uses the Sanitary Code as the basis for determining occupancy and stated that, under the Sanitary Code, theoretically, a "sleeping area" could include a living room as long as that space meets the requirements of a sleeping area. Ms.Warden reminded the Board that those spaces do not necessarily have privacy, and that is not consistent with the definition. of a bedroom. Chair Baumgaertel reminded everyone that septic systems are based on the number of bedrooms and not the number of occupants, and an overloaded system puts the public health at risk. He suggested sticking with the definition of a bedroom for purposes of the regulation. Mr. Harrington stated that the Board can be more strict than Title V and the Sanitary Code in its regulation,but it has to be in black and white if it is going to be enforceable. Mr. Harrington stated that, if there are existing rooms in a home that are not in compliance, in cases where an applicant is seeking a rental certificate, the Board has the right to determine 2