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Board members agreed that a signed monitoring report should be submitted on a weekly basis, <br /> and should include dates, the name(s) of the person who observed the system, and what they <br /> observed. <br /> There being no further comments or discussion,Veronica Warden moved to impose a fine of$500 <br /> for failure to monitor the systems, and order that the failed systems be monitored and the <br /> condition recorded on a daily basis, and those records be submitted to the Board of Health in a <br /> written form on a weekly basis. Failure to comply shall result in fines of$25/day until the report <br /> is submitted; Motion seconded by Ernest Virgilio. Roll call vote: Ernest Virgilio (yes); Veronica <br /> Warden (yes); Brian Baumgaertel (yes). VOTE: Unanimous(3-0). <br /> 4. Review and Compliance—545 Cotuit Road. Mr. Harrington commented that, as part of a septic <br /> upgrade at 545 Cotuit Road,a Sanitary Code inspection was performed to determine the number <br /> of legal bedrooms in the dwelling. A summary of the events leading up to the septic failure and <br /> subsequent order letter from the Sanitary Code inspection was provided to the Board. The owner <br /> requested and then later cancelled a meeting with Town Manager and Health Agents to discuss <br /> the matter. <br /> Mr. Harrington informed the Board that he has been attempting to get the owner to fix the failed <br /> system and bring the bedrooms into compliance. The property is not on a well and not in Zone 11, <br /> so the owner has the ability to go to five bedrooms, once she provides proper egress to the <br /> bedrooms in the basement, and with a proper permit from the Building Department. Peter <br /> McEntee had drawn a plan for three bedrooms for the property, which Mr. Harrington denied <br /> because the owner wants to use all five bedrooms,three of which are in the basement. Once all <br /> the basement bedrooms have a proper means of egress, Mr. McEntee's plan needs to be <br /> redesigned for five bedrooms, and resubmitted for review and approval. Mr. Harrington stated <br /> that there has to be a means of egress in each bedroom, not just one for the whole basement. <br /> Mr. Harrington informed the Board that the system in question is hydraulically failed and may <br /> have been backing up, but not to the ground surface. It was observed in failure back in February <br /> 2020, but the perc test was not done until July. The owner indicated to Mr. Harrington that she <br /> was going through the Tribe and Indian Health Services for assistance. Ms.Warden asked if there <br /> was any way to verify whether the owner had submitted an application to the Tribe, and if there <br /> were any contacts with whom the Health Agent could inquire about the status. Mr. Harrington <br /> will report back to the Board after looking into that. <br /> Mr.Virgilio went on record as disclosing that he is often employed by the Tribe and,therefore,he <br /> preferred not to comment and would not be casting a vote on this matter. <br /> Ms. Warden suggested that, in order to keep the repair process moving along,the owner should <br /> pursue a loan through the Barnstable County Septic Loan Program,until and unless the Tribe gets <br /> involved. Chair Baumgaertel agreed that the failed system is an imminent public health hazard <br /> that needs to be addressed without further delay. He asked if the property had a bathroom in <br /> the basement and Mr. Harrington answered in the affirmative,stating that he recalled seeing the <br /> sheetrock pulled back in the bathroom,suggesting that the system had backed up into the house. <br /> Chair Baumgaertel asked if the property is used as a rental,and Mr. Harrington explained that the <br /> owner is a Tribal member who resides at the property with other Tribal family members. Chair <br /> Baumgaertel expressed a strong sense of urgency, stating that there are reasonable options by <br /> 4 <br />