04/01/2021 BOARD OF HEALTH Minutes

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that they would use noise attenuating material and/or architectural components for noise mitigation, but that they have to finalize the equipment selections before doing a full noise study. Mr. Virgilio, asked if the Board could issue an approval with contingencies, to help move the project along. Chair Baumgaertel answered in the affirmative, stating that Mr. Harrington could issue the final determination and sign-off after getting clarification on the items in question. There being no further comments or discussion, Brian Baumgaertel moved to approve the request for Marijuana Cultivation Permit for Aspen Blue LLC., at 14 Wags Road, with the following conditions: 1)the conditions, recommendations and manufacturer specifications within the odor mitigation plan are met;2)the noise attenuating material and sound barriers are provided around the chiller, air cooler and generator; 3)the$300 operating permit fee is paid;4)the requirements and proposals depicted on the submitted site plan are completed prior to cultivation permit issuance (e.g. floor drains and tight tank), and the tight tank shall be confirmed water tight by an agent of the BOH; and 5)the specifications and calculations for the air discharge blower and stack shall be provided to the BOH to confirm that it meets the odor mitigation plan. Motion seconded by Ernest Virgilio. Roll call vote: Ernest Virgilio(yes); Brian Baumgaertel (yes). VOTE: Unanimous (2-0). Mr. Baker asked if there is any public appeal period prior to moving forward, and Mr. Harrington stated that anyone can appeal the Board's decision at any time, so they can proceed with the project immediately. 2. Review of compliance and accrued fines—97 Sunset Strip. Mr. Harrington commented that he spoke with Ms. DiNatale on March 31, 2021, and she stated that she had cut back the branches in the driveway to allow access for a clumpster to be brought in. She had not yet contacted anyone to drop off a clumpster. Ms. DiNatale did provide information regarding the use of feral cats for rat control,and she explained her disliking of rats,as she has to deal with them in Cambridge. The 30 days has elapsed since the delivery of the order letter stating the timeframe for abatement of the violation and the accruing of the $25 fines., and Mr. Harrington noted that fines have been accruing since February 1 11h. He advised the Board that it does seem that Ms. DiNatale is continuing clean-up efforts, albeit at a slow pace. The Board can review the fines at the abatement of the violation,or issue a complaint in court to have Town Council push for collection of the fines. It was noted that Courts are backed up because of COVID. Chair Baumgaertel stated that it was good to hear there is some progress. He was curious about the feral cats, and asked if there is a severe rodent issue on the property. Mr. Harrington answered that cats are used in the city for rat control but not on the Cape. He also noted that Ms. DiNatale does not believe a rat problem exists at her property, but Health Agents have seen them during the day on abutting properties. There is a rodent issue in the area and in a number of neighborhoods in Town. Mr. Harrington stated he cannot confirm an issue exists at this address specifically, but the debris and refuse on the property are harborage for rodents. Mr.Virgilio asked if the home is currently lived in and, if not,could it be a fire or other hazard that would warrant the involvement of the Fire or Police Departments. Mr. Harrington answered that the owner stays at the property on the weekends and,where it is not an abandoned property and does not violate any of the minimum criteria, it does not warrant Fire Department involvement. He stated that he has not observed the inside of the dwelling, but it is structurally sound and animals are not getting into it. He further stated that there is Town water on the road, and he believes the property is connected. 2