09/23/2021 BOARD OF HEALTH Minutes

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There being no minutes available for review, Ernest Virgilio moved to continue approval of the May 6, 2021 minutes to the next meeting. Motion seconded by Kripani Patel. Roll call vote: Ernest Virgilio (yes); Kripani Patel (yes); Brian Baumgaertel (yes). VOTE: Unanimous (3-0). 2. Review and approval of expense warrants. One expense warrant was signed. 3. Commercial Site & Septic Plan—41 Mercantile. Mr. Harrington commented that the proposed plan was reviewed during Site Plan review. The use is commercial industrial for contractor bays. The drainage, solid waste dumpster has been placed and enclosed on a concrete pad correctly. The Title V system is designed correctly and the floor plans have been reviewed. The building will have a floor drain connected to the industrial waste holding tank. The septic system is proposed below a parking area, so a Title V variance is requested and has been added to the plan. If the units are condominiums,then the septic system will have to be inspected every three years. Mr. Harrington stated that the Board does typically allow this variance with the condition that standard commercial property conditions apply. Dan Gonsalves, of Down Cape Engineering, introduced himself for the record. The variance requested is to construct the septic system below the pavement. All components are rated for vehicle loading and the leaching area is vented. Mr. Harrington noted that there was quite a bit of office space set aside that is not included on the floorplan. Mr. Gonsalves explained that the applicant is not sure what exactly is going into the building,therefore,they need that flexibility. There being no further comments or discussion, Krispani Patel moved to approve the site and septic plan for 41 Mercantile Way,with the variance of the Title V system below the parking area, and the provision that the standard commercial property conditions apply. Motion seconded by Ernest Virgilio. Roll call vote: Ernest Virgilio (yes); Kripani Patel (yes); Brian Baumgaertel (yes). VOTE: Unanimous (3-0). 4. Review of Sanitary Conditions—135 Scituate Road. Mr. Harrington commented that The Board of Health was first alerted to the situation at 135 Scituate Road by Deputy Fire Chief,Jack Phelan, after Mashpee EMS responded to a call from the occupant on July 30, 2021. Deputy Phelan reported that the occupant was in the late stages of cancer and that the living conditions in the dwelling were unsafe/unsanitary. Health Agents subsequently visited the property with Deputy Phelan but were not granted access, so no inspection was performed. Health Agents contacted the occupant's brother,who resides on Nantucket, and who was unaware of the full extent of his brother's condition and/or the condition of the dwelling. Health Agents contacted the VNA to inquire about hospice care, but were told they were having difficulty placing the occupant. The Assistant Health Agent contacted the brother in Nantucket on September 8, 2021 and were informed that the occupant was moved to hospice in early August, and passed away on August 10th. The brother reported that he visited the property on August 9th to retrieve the occupant's cat, and described the condition of the dwelling as very bad. The occupant had no will, so the estate must go through probate, but the brother is seeking to take control of the process and, in doing so, hopes to begin the process of cleaning up the property in order to sell it. He reported that the dwelling is secure, and he will keep the Board of Health updated on his progress. We expressed to him that time is of the essence with respect to cleaning up the dwelling, as it is now unoccupied and at risk of becoming a harborage for rodents. Chair Baumgaertel shared his concern about rodents,and inquired if the state could secure a pest management company,where the owner is deceased. Mr. Harrington stated that the Town has 5