12/03/2020 BOARD OF HEALTH Minutes

Home Browse Search

which the owner could address the issue in an expeditious manner, and reminding other Board members that it had been 15 years since the illegal bedrooms were first identified. Mr. Harrington stated that he did not know if the property owner had specific knowledge of the County loan program, but she was given information on loans that are available through the USDA. Those loans are offered at a lower interest rate than the County loans,and can be used to bring the bedrooms as well as the septic system into compliance, where a County loan can only be used for septic repair. Mr. Harrington clarified that USDA grants are available to persons 62 and older,so the owner would not be eligible for a grant, but there is no age criteria on the USDA loan program. Chair Baumgaertel reviewed that the system was observed in failure In February 2020, and the owner was given two,years to repair it; in October 2020, a housing inspection resulted in five bedrooms being observed, and an order letter was subsequently sent to the owner, shortening the timeframe to 30 days to bring the septic system and the bedrooms into compliance. Mr. Harrington noted that all correspondence sent to the owner's legal address of record,which is in East Falmouth, has come back undelivered. Mr. Harrington reiterated the need to be certain there was proper service of the order letters. Chair Baumgaertel agreed that the owner could not be held to the 30-day timeframe without verification-of receipt of the order letter. Mr.Harrington was authorized by the Board to prepare a new letter, with an order for corrective action within 30 days,per the Sanitary Code,for hand-delivery to and posting at 545 Cotuit Road. There being no further comments or discussion,Veronica Warden moved to require the owner of 545 Cotuit Road to submit engineered plans for the upgrade of the existing septic system within 30 days of receipt of the certified letter and/or posting at the property. Motion seconded by Brian Baumgaertel. Roll call vote: Veronica Warden (yes); Brian Baumgaertel (yes); Ernest Virgilio (abstain). VOTE: Unanimous(2-0-1). 5. Review and Compliance—97 Sunset Strip. Mr. Harrington commented that he was on vacation when the owner's response to the order letter was received. in it, the owner requested withdrawal of the complaint and the violations. Mr. Harrington did not believe there was any basis for withdrawing the violations, because the inspection was sound and proper notice was given; however, the owner had advised Mr. Harrington that she had plans for cleaning up the property and,as long as there is demonstrated effort to come into compliance,the Board typically doesn't take any action. Mr. Harrington said the matter remained on the agenda for discussion because the Board had to take a position on the request for withdrawal of the violations. Chair Baumgaertel stated that the complaint itself can't be withdrawn by the Board and,further, he was not inclined to withdraw the violations. Ms. Warden and Mr. Virgilio both expressed concern that garbage and debris attract and are a harborage for rodents, and Ms. Warden reminded Board members that rodents are a big issue in that area of town. Mr.Harrington stated that no work or improvement were observed at the property when Health Agents went back recently to inspect. He further stated that the owner's letter, dated November 16, 2020, acknowledged receipt of the order letter. Chair Baumgaertel noted that the 24-hour timeline in the order letter had already been violated,but Mr.Harrington reminded the Board that the owner had appealed in writing,which Is her right. The Board can,therefore,start the clock again with a new timeframe. Chair Baumgaertel suggested that a motion on this matter include denial of the request to withdraw the violations. 5