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02/03/2022 BOARD OF HEALTH Minutes
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02/03/2022 BOARD OF HEALTH Minutes
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Mashpee_Meeting Documents
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BOARD OF HEALTH
Meeting Document Type
Minutes
Meeting Date
02/03/2022
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Mr. Baumgaertel stated this letter being based on current guidance and required <br /> offerings, the test at home, and the safety checks, it would apply, but as once those <br /> programs change or modify, it automatically negates the letter at that point but we can <br /> look at it again as to whether we recommend or not. The Board is always willing to take <br /> a look at those things because it's important that we continually review what's going on <br /> with this situation. Both opt-in programs with no requirements, parents who feel they <br /> don't want their children to participate in these programs,don't have to. It's their choice. <br /> Mr. Harrington stated we don't need to vote on this, it's just a letter of support. It is <br /> something the Board can agree upon and Mr. Baumgaertel can sign as chair. It was done <br /> as part of the Covid update it's not a line-item on the agenda. <br /> 2. Review of Housing Violations—58 Buccaneer Way <br /> Mr. Harrington informed the board that we issued an order letter that has a 14 day time <br /> frame for clean-up. If it is not done within 14 days Mr. Harrington will get back with <br /> counsel and see what the best way forward is at that point. The Health Department <br /> wanted to get the order letter submitted and delivered. It was delivered today so the 14 <br /> days starts from today. Mr. Harrington believes there will still be some time before <br /> further action is taken. We hope that it is cleaned up in that time frame. <br /> Mr. Harrington clarified the order letter, stating that is it 7 days from today to request a <br /> hearing. If the homeowner requests a hearing that has to be done in writing to the Board <br /> of Health within 7 days from today from receipt of the notice. The 14 days is actually to <br /> do the abatement of the violation. And, 7 days to request a hearing. Mr. Baumgaertel <br /> suggests that the owner call the Board of Health to answer the questions administratively <br /> so we can move on to the next item. <br /> Mr. Harrington explained that the terminology used in the letter is the lettering of the <br /> law. <br /> 3. Review of Request for Variance from Santuit Pond Pumping/Inspection—9 Attaquin St <br /> Mr. Harrington updated the board on the background. Property owner, Kelly Robson <br /> participated in the last meeting on January 20, 2022. The discussion of the board was <br /> around the accuracy of the GIS maps used to identify the abutters to Santuit Pond as there <br /> was a question to the legal validity of the maps,the board voted to request a legal opinion <br /> from the town council to determine the legal uses and applications of the GIS maps. Upon <br /> further review by the health agent subsequent to that meeting a letter was sent to the <br /> homeowner with the following determination: <br /> The GIS maps states that the data contained therein could not be used for legal <br /> description or conveyance purposes. Additionally the map disclaimer notes that users are <br /> responsible for determining the suitability of the content for their intended use or <br /> purpose. The initial order letter cites 310-CMR-15.301(9), which states all systems shall <br /> be inspected when the owner/operator thereof is ordered to do so by the local approving <br /> authority,the department or the court. In this case,the Board of Health is the approving <br /> authority. The GIS maps were used by the board as a guide to determine close abutters <br /> to the pond. However, the board has the authority to require any property owner in the <br /> town to perform a septic inspection. Furthermore it is within the board's authority to use <br /> the data provided in the GIS Maps to approximate a 300' buffer around the pond and at <br />
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