I. ACTION. Thursday, August 9, 2012 Dennis Town Offices Large Hearing Room Convened 7:00 p.m.

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1 BOARD OF HEALTH MINUTES Present: Chairman Covell, Members: Perrino, Chamberlain, Bunce & Duffy Staff: Director Hayes, Office Assistant Hodgdon Thursday, August 9, 2012 Dennis Town Offices Large Hearing Room Convened 7:00 p.m. I. ACTION A. DAVID & ETHEL BRODERICK Variance Application (RE-BUILD NEW CONSTRUCTION) 14 HIGHLAND STREET, EAST DENNIS, M Brian Yergation, P.E., The BSC Group, Inc. Paul Covell read the legal notice: Application by David & Ethel Broderick, who seek a variance from the Town of Dennis Regulations for Subsurface disposal of Sewage, for the property located at 14 Highland Street, East Dennis, MA. EXHIBITS/DOCUMENTS: Staff memo dated 7/31/12, letter to David & Ethel Broderick dated 7/16/12 and completed variance application dated 7/17/12. Documents are available for review in the Health Department Septic File M Brian Yergation, P.E., The BSC Group, Inc., was present on behalf of the owner and provided green cards. Mr. Yergation stated the applicants propose to raze their existing three (3) bedroom home and build a new four(4) bedroom home. A 16b variance is requested because the lot is in an environmentally sensitive area and there will be an increase of habitable space. As per the staff memo dated 7/31/12, the Board approved this application, but due to improper abutter notification the hearing had to be re-scheduled. A revised plan was submitted which increased the size of the septic tank to 2500 gallons. Mr. Yergation added that the new Title 5 System will be farther away from the resource area. There were no abutters present. Mr. Bunce moved to approve the variance request for David & Ethel Broderick, 14 Highland Street, East Dennis, MA, as printed with the following conditions: 1. No garbage disposal. 2. Water-saving devices shall be installed and verified by the Plumbing Inspector. 3. No alterations of the floor plan to the dwelling without further review by the Health Department. 4. The exposed retaining wall shall have a soil, vegetative, or textured covering. 5. Record variances and conditions at the Registry of Deeds to run with the property with a COPY TO THE HEALTH DEPARTMENT. 6. The design engineer shall submit a certified as-built plan, with elevations, to the Health Department. B. JOHN F. KEEFE TRUST Variance Application (-RE-BUILD NEW CONSTRUCTION) 136 TAUNTON AVENUE, DENNIS, M Brian Yergatian, P.E., The BSC Group, Inc. Paul Covell read the legal notice: Application by John F. Keefe Trust who seeks a variance from the Town of Dennis Regulations for Subsurface Disposal of Sewage, for the property located at 136 Taunton Avenue, Dennis, MA. EXHIBITS/DOCUMENTS: Staff memo dated 7/31/12 and completed variance application dated 7/17/2012. Documents are available for review in the Health Department Septic File M Brian Yergation, P.E., the BSC Group, Inc., was present on behalf of the owner and provided green cards. Mr. Yergation explained the applicant is seeking relief from the 16b regulation. The plan is to raze the existing 1200 square foot dwelling and build a new 2200 square foot dwelling. The existing cesspools will be removed and replaced with a new Title 5 system consisting of a 1500 gallon septic tank and two (2) 500 gallon leaching chambers. The system has been designed for three (3) bedrooms, I/A technology has not been included in the plan and the Conservation Commission has approved the project. No abutters were present.

2 BOARD OF HEALTH MEETING THURSDAY, AUGUST 9, 201 Page 2 Mr. Bunce moved to approve the variance request for John F. Keefe Trust, 136 Taunton Avenue, Dennis, MA, as printed with the following conditions: 1. No garbage disposal. 2. Water-saving devices shall be installed and verified by the Dennis Plumbing Inspector. 3. No alteration of the floor plan to the dwelling without further review by the Board of Health. 4. Record variances and conditions at the Registry of Deeds to run with the property with a COPY TO THE HEALTH DEPARTMENT. 5. The design engineer shall submit a certified as-built plan, with elevations, to the Health Department. 6. An engineered report shall be submitted to the Board of Health after any inundation of the system, due to flood or natural causes. Ms. Chamberlain seconded the motion. C. L & E REALTY TRUST/JON GORDON Variance Application (ADDITION) 1100 ROUTE 134, BLDG. #5, EAST DENNIS, M Daniel Ojala, P.E., P.L.S., Down Cape Engineering, Inc. Paul Covell read the legal notice: Application by Jon Gordon/L & E Realty Trust, who seeks a variance from the Town of Dennis Regulations for Subsurface Disposal of Sewage, for the property located at 1100 Route 134, Bldg. # 5, East Dennis, MA. EXHIBITS/DOCUMENTS: Staff memo dated 7/31/12, letter to Dennis Board of Health dated 7/25/12 and completed variance application dated 7/24/12. Documents are available for review in the Health Department Septic File M Dan Ojala, P.E., P.L.S., Down Cape Engineering, was present on behalf of the owner and provided green cards. As per the memo dated 7/31/12, the applicant proposes to add a second floor over the slightly expanded garage, to create a one bedroom manager/caretaker s apartment. According to the engineer s letter the one bedroom addition (110 gallons per day) will be offset by the removal of a sink in the complex at 150 gallons per day design flow for a net reduction of flow of 40 gallons per day. The applicants propose to utilize the existing septic system that was installed in 1981 and there are no Title 5 Septic System Inspection reports on file for the complex. The systems were last pumped in 2010 for routine maintenance. The manager will live on site year round. Due to the age of the system, Ms. Chamberlain requested a Title 5 inspection be done. Mr. Ojala agreed to that as one of the conditions. Mr. Allen Collette, abutter at 15 Greenland Road, ED, asked if the apartment could be constructed on the same level as all the other apartments. Mr. Collette also wanted to know if this was the beginning of what s to come, putting second floors on the apartments. Mr. Ojala stated that the most efficient approach is to put this manager s apartment over the garage and there are no plans for second levels on these units at this time. A septic system would be very expensive in order to add second levels. Mr. Perrino added that the site could not accommodate any more anyway. No other abutters spoke. Mr. Duffy moved to approve the variance request for Jon Gordon/L & E Realty Trust, 1100 Route 134, Bldg. # 5. East Dennis, MA, as printed with the following conditions: 1. No garbage disposal. 2. Water-saving devices shall be installed and verified by the Dennis Plumbing Inspector. 3. No alteration of the floor plan to the dwelling without further review by the Board of Health. 4. Record variances and conditions at the Registry of Deeds to run with the property with a COPY TO THE HEALTH DEPARTMENT. 5. The design engineer shall submit a certified as-built plan, with elevations, o the Health Department.

3 BOARD OF HEALTH MEETING THURSDAY, AUGUST 9, 201 Page 3 D. GEORGE HILL Variance Application (NEW CONSTRUCTION) 4, 10, 14, 16, 20, 24, 28, 30 & 34 JANALL DRIVE, EAST DENNIS, M Daniel Ojala, P.E., P.L.S., Down Cape Engineering, Inc. Paul Covell read he legal notice: Application by George Hill, who seeks a variance from the regulations of the Mass. Department of Environmental Protection, Title 5, and the Town of Dennis Regulations for Subsurface Disposal of Sewage, for the property located at 0 (Assessor s Map 253 Parcel 64) Janall Drive, East Dennis, MA. EXHIBITS/DOCUMENTS: Staff memo dated 8/1/12, completed variance application dated 7/24/12, letter to Board of Health dated 7/23/12, copy of Grant of Title 5 Nitrogen Loading Restriction and Easement, Attachment 3, DEP Certificate for General Use dated 12/30/10, and draft copy of Declaration of Trust of homeowner s Association Trust received by Health Dept. 7/26/12. Dan Ojala, P.E., P.L.S., Down Cape Engineering, Inc., was present on behalf of the owner and provided green cards. Mr. Ojala stated that the proposal is to construct eight (8) two (2) bedroom homes on eight (8) lots, with a shared septic system which will be on Parcel A (an unbuildable lot). The proposed septic system is a MicroFAST 3.0 FAST unit, a 300 gallon recycle pump chamber and a 40 X 59.5 leaching field. The system is designed for sixteen (16) bedrooms. The components will be H20 due to NSTAR requirements. Conservation Commission approval is not required. It is a Zone II, but not for wells. There is town water and no garbage disposals are allowed. The homes are to be deed restricted to two bedrooms. Mr. Perrino asked if the homes will be sold as individual homes and inquired about the Home Owners Association fees including septic. Also, Mr. Perrino stated concern about the lofts in each dwelling regardless of the deed restrictions. He asked if the HOA documents contain wording that will enforce the deed restrictions. The Board also asked if there is any language in the HOA documents stating that the dwellings have to be owner occupied. Mr. Ojala said there is and referred to the last page of the HOA documents. Abutter, Helen Ekmalian, neighbor, expressed her concern for this development. It is not in keeping with the neighborhood in her opinion. The neighborhood has three bedroom ranch houses and lots of landscaping. She said she doesn t know the right questions to ask. Mr. Perrino suggested she attend the planning department meeting. Abutter, Adam Gamble of 41 Janall Drive, agreed that the proposed plan is not in keeping with the neighborhood of three bedroom ranches and the mirror property across the street which has three houses with a total of nine bedrooms. Mr. Gamble expressed concern about the well up the street, asked how the system is nitrated, about smells, how the septic system will look and will there be enough money in the HOA escrow account if something happens in the first year or two. Mr. Ojala said the system will be completely below ground, only a vent and a shoe box style blower will be visible. The developer is responsible for all units until sold. Mr. Ojala also said there is a neighboring house on a very small lot that is comparable to what is being proposed here. Mr. Gamble stated that he is concerned about groundwater. He also said the houses across the street are three bedrooms and thirty yards in to the lot. He wonders about this plan in his neighborhood. Mr. gamble also asked what the target square footage and target sale price per dwelling will be saying his was just assessed at 315k. Mr. Gamble would like to see a balance between community need and individual need. Mr. Covell stated that the applicant is here as a matter of right and that the Board of Health deals with the requested variances. Mr. Ojala said the square footages are between 1100 and 1200 square feet. After much discussion and abutters discussions. The Board requested that the HOA documents be revised to include that the units be owner occupied no rentals, Mr. Perrino requested that Mr. Ojala tweak the plans regarding the lofts. The Board is very concerned that the lofts will be used as a third bedroom, regardless of the deed restriction and current design. Mr. Duffy moved to continue the variance application for George Hill, 4, 10, 14,16, 20, 24, 28, 30 & 34 Janall Drive, East Dennis, MA, until the September 13, 2012 Board of Health Meeting.

4 BOARD OF HEALTH MEETING THURSDAY, AUGUST 9, 201 Page 4 E. SOUTH CAPE REALTY TRUST Cont. Show Cause Hearing for Noncompliance with Order to Correct a Violation of 310 CMR , The State Environmental Code, Title 5 (Cont. from 7/12/12) 691 MAIN STREET, WEST DENNIS, M67-4 Paul Covell read the legal notice: Continued show cause hearing for South Cape Realty Trust for noncompliance with an order issued by the Health Department to correct a violation of the State environmental Code, 310 CMR , Title 5, for the property located at 691 Main Street, West Dennis, MA. EXHIBITS/DOCUMENTS: Staff memo to Board of Health dated 8/1/12, letter to South Cape Realty Trust dated 7/18/12, letter to South Cape Realty Trust dated 3/30/2012 and copy of Title 5 Official Inspection Form dated 7/17/2012. Documents are available for review in the Health Department Septic File M Mary Ann Walsh was present. Mr. Hayes stated that the property is now in compliance and recommended that the board remove the item from the agenda. Ms. Chamberlain moved to remove the show cause hearing for South Cape Realty Trust, 691 Main Street, West Dennis, MA, from the agenda. F. EDGEWATER BEACH RESORT - Appeal of Board s Order to Correct a Violation of 310 CMR , The State Environmental Code, Title 5 95 CHASE AVENUE, DENNISPORT, M42-7 Paul Covell read the legal notice: Continued appeal by the Edgewater Beach Resort Owners Association of the order issued by the Board of Health to correct a violation of the State Environmental Code, 310 CMR , Title 5, at 95 Chase Avenue, Dennisport, MA. EXHIBITS/DOCUMENTS: Staff memo dated 8/1/12, letter to Mr. Terence Hayes, Health Director dated 7/26/12 copy of as-built for 95 Chase Ave., DP dated 6/29/11, letter to Ms. Marcia G. Svetkey, Chairperson, board of Trustees, Edgewater Beach Resort dated 7/18/12, letter to Terence Hayes, Health Director, dated 6/28/12 and letter to Edgewater Beach Resort dated 6/25/12. Documents are available for review in the Health Department Septic File M Mr. Perrino recused himself for this item. No one was present for Edgewater Beach Resort. Mr. Hayes stated that the owner is now in full compliance and recommended that the Board remove the item from the agenda. Ms. Chamberlain moved to remove the appeal by Edgewater Beach Resort, 95 Chase Avenue, Dennsiport, MA, from the agenda. IN FAVOR 4 Mr. Perrino returned. G. RICHARD SMITHSON Cont. Show Cause Hearing for Noncompliance with Order to Correct Violation of the 310 CMR : The State Environmental Code, Title 5 (cont. from 5/10/12)

5 BOARD OF HEALTH MEETING THURSDAY, AUGUST 9, 201 Page 5 99 UNCLE ROLF S ROAD, SEA WINDS CONDO., UNIT 14, DENNISPORT, M Paul Covell read the legal notice: Continued show cause hearing for Richard Smithson for noncompliance with an order issued by the Health Department to correct a violation of 310 CMR : the state Environmental Code, Title 5, for the property located at 99 Uncle Rolf s Road, Sea Winds Condominium, unit 14, Dennisport, MA. EXHIBITS/DOCUMENTS: Letter to Mr. Richard Smithson dated 7/24/12, letter to Mr. Richard Smithson dated 7/27/12, letter to Mr. Richard Smithson dated 3/16/10 and copy of Disposal Works Construction Permit dated 5/7/12. Documents are available for review in the Health Department Septic File M Mr. Perrino and Ms. Chamberlain recused themselves for this item. Robin Wilcox, Sweetser Engineering, was present on behalf of the owner. As per the letter dated July 24, 2012 to Mr. Richard Smithson, the Board voted to continue the May 10, 2012 hearing until the August 9, 2012 at which time the Board requested a schedule for the installation of his septic system. Tonight, Mr. Wilcox stated that the Board of Trustees at Mr. Smithson s condo association approved the work to be done, however, they requested the work be postponed until September to accommodate summer residents vacations. Mr. Bunce moved to continue the show cause hearing for Richard Smithson, 99 Uncle Rolf s Road, Sea Winds Condominium, Unit 14, Dennisport, MA, until the October Board of Health meeting. Mr. Perrino and Ms. Chamberlain returned. IN FAVOR 3 Mr. Perrino and Ms. Chamberlain returned. H. RAYMOND CATERINO D/B/A NORTHERN SEALCOATING & PAVING Show Cause Hearing for Noncompliance with Order to Correct Violation of 310 CMR , The State Environmental Code, Title CANDLEWOOD LANE, DENNISPORT, M89-43 Paul Covell read the legal notice: Show cause hearing for Raymond Caterino/Northern Sealcoating and Paving for noncompliance with an order to correct a violation of 310 CMR : The State Environmental Code, Title 5, for the property located at Candlewood Lane, Dennisport, MA. EXHIBITS/DOCUMENTS: Letter to Mr. Raymond Caterino dated 7/26/12, copy of pages 8 & 9 of the February 10, 2011 Board of Health Meeting Minutes, copy of Application for disposal System Construction Permit dated 12/23/11 and cop of Trench Permit dated 1/13/12. Documents are available for review in the Health Department Septic File M Michael Joyce was present on behalf of Ray Caterino and stated that an original plan will be dropped off tomorrow to the Health Department. Mr. Hayes recommended closing this item and suggested that Mr. Caterino return to the Board with the request to install a tight tank (application has been submitted). This issue involves the DEP and the Board needs to approve this request in order for Mr. Caterino to proceed with his request to the DEP. Ms. Chamberlain moved to continue the show cause hearing for Raymond Caterino/Northern Sealcoating and Paving, Candlewood Lane, Dennisport, MA, until the September 13, 2012 Board of Health meeting. I. EULA FRANCES MERCHANT Show Cause Hearing for Noncompliance with Order to Correct Violation of 310 CMR , The State Environmental Code, Title 5 and the Town of Dennis Regulations for Subsurface Disposal of Sewage 21 LONE TREE ROAD, DENNISPORT, M70-9

6 BOARD OF HEALTH MEETING THURSDAY, AUGUST 9, 201 Page 6 Paul Covell read the legal notice: Show cause hearing for Eula Frances Merchant or noncompliance with an order to correct a violation of 310 CMR : The State Environmental Code, Title 5, and the Town of Dennis Regulations for Subsurface Disposal of Sewage, for the property located at 21 Lone Tree Road, Dennisport, MA. EXHIBITS/DOCUMENTS: Certified letter to Ms. Eula Frances Merchant dated 7/24/12, copy of pages 7 & 8 from the April 12, 2012 Board of Health Minutes, letter to Ms. Eula Frances Merchant dated 4/20/12, letter to Meggan Tierney, R.S. dated 3/1/12, letter to Meggan Tierney, R.S. dated 2/17/12, copy of Wall Septic Service pumping record dated 1/5/12, certified letter to Eula Frances Merchant dated 2/10/12 and certified letter to Eula Frances Merchant dated 10/31/11. Documents are available for review in the Health Department Septic File M Mr. Ken Merchant was present on Ms. Eula Frances Merchant s behalf. Mr. Merchant said that he and his brother are executors for Eula and their attorney is looking into confirming that Mr. Merchant and his brother may legally proceed with the required upgrade. He also stated that he will apply through the Barnstable County loan program for the funds in order to proceed. Mr. Bunce moved to continue the show cause hearing for Eula Frances Merchant, 21 Lone Tree Road, Dennisport, MA, to the September 13, 2012 Board of Health meeting. J. EVELYN M. ROSS FAMILY TRUST/JANE AREES, TRUSTEE Appeal of Health Department s Order to Correct a Violation of 310 CMR , The State Environmental Code, Title 5, and the Town of Dennis Regulations for Subsurface Disposal of Sewage 27 SALT MEADOWS ROAD, WEST DENNIS, M51-59 Paul Covell read the legal notice: Appeal by Evelyn M. Ross Family Trust of the Health Department s order to correct a violation of 310 CMR : The State Environmental Code, Title 5, and the Town of Dennis Regulations for Subsurface Disposal of Sewage, for the property located at 27 Salt Meadows Road, West Dennis, MA. EXHIBITS/DOCUMENTS: Letter to Ms. Jane Aress, Trustee dated 7/24/12, letter from Jane Arees dated 7/9/12, letter o Evelyn M. Ross Family Trust dated 10/7/10 and copy of Disposal Works Construction Permit dated 7/8/10. Documents are available for review in the Health Department Septic File M Ms. Jane Arees, owner, was present. Ms. Arees requested more time to decide what to do with her house. No one is, living in it now and it is not rented. She requested a year. Mr. Bunce moved to approve the appeal, allowing one year for Evelyn M. Ross Family Trust/Jane Arees, Trustee, to decide what to do with the property located at 27 Salt Meadows Road, West Dennis, MA. Ms. Chamberlain seconded the motion. K. DIANA L. KIMBALL Appeal of Health Department s Order to Correct a Violation of 310 CMR , The State Environmental Code, Title 5, and the Town of Dennis Regulations for Subsurface Disposal of Sewage 24 DEERFIELD ROAD, DENNIS, M335-1 Paul Covell read the legal notice: Appeal by Diana L. Kimball of the Health Department s order to correct a violation of 310 CMR : The State Environmental Code, Title 5, and the Town of Dennis Regulations for Subsurface Disposal of Sewage, for the property located at 24 Deerfield Road, Dennis, MA. EXHIBITS/DOCUMENTS: Staff memo dated 8/1/12, letter o Ms. Diana L. Kimball dated 7/24/12, copy o USPS.com track & confirm report dated 8/1/12, letter to Town of Dennis, Health Department dated 7/7/12 and letter to Ms. Diana L. Kimball dated 7/2/12.

7 BOARD OF HEALTH MEETING THURSDAY, AUGUST 9, 201 Page 7 No one was present for the appeal. Mr. Hayes recommended the Board move to file with the court. Mr. Bunce moved to file with the court for Diana L. Kimball, 24 Deerfield Road, Dennis, MA, for noncompliance with an order to upgrade a failed septic system Ms. Chamerlain seconded the motion. L. KENNETH & RENA PETER - Application for Variance from Habitable Space Requirements of the State Sanitary Code, 105 CMR , Chapter II: Minimum Standards of Fitness for Human Habitation 248 OLD WHARF ROAD, UNIT D-2, DENNISPORT, M20-4 Paul Covell read the legal notice: Application by Kenneth & Rena Peter who seek a variance from the habitable space requirements of the State Sanitary Code, 105 CMR , Chapter II, Minimum Standards of Fitness or Human Habitation, for the Property located at 248 Old Wharf Road, Unit D-2, Dennisport, MA. EXHIBITS/DOCUMENTS: Letter to Kenneth & Rena Peter dated 7/2/12, Application for Rental Occupancy Permit dated 6/13/12 and copy of Housing Inspection Form dated 6/22/12. Documents are available for review in the Health Department Housing File M Mr. Kenneth Peter, owner, was present and stated his request to increase the maximum occupancy allowed for his rental unit from three (3) to four (4). There is no rental history for this property. Mr. Hayes said the square footage is shy by 17. Ms. Chamberlain moved to approve the variance request by Kenneth & Rena Peter, increasing the maximum occupancy from three (3) to four (4) occupants for the property located at 248 Old Wharf Road, Unit D-2, Dennisport, MA. D M. RICHARD CRAVENHO Show Cause Hearing for Noncompliance with an Order to Correct a Violation of the Town of Dennis Housing Space & Use By-Law 104 (102) LOWER COUNTY ROAD, DENNISPORT, M35-63 Paul Covell read the legal notice: Show cause hearing for Richard Cravenho for noncompliance with an order issued by the Health Department to correct a violation of the Town of Dennis Housing Space & Use By-Law, at the property located at 104 (102) Lower County Road, Dennisport, MA. EXHIBITS/DOCUMENTS: Letter to Richard Cravenho dated 7/11/12, USPS.com track & confirm dated 7/9/12, letter to Richard Cravenho dated 6/11/12 and memo to the Health Department from the Beach department dated 6/10/12. Documents are available for review in the Health Department Housing File M No one was present. Ms. Chamberlain asked Mr. Hayes to call Mr. Cravenho regarding his absence. Ms. Chamberlain moved to continue the show cause hearing for Richard Cravenho, 104 (102) Lower County Road, Dennisport, MA, to the September 13, 2012 Board of Health meeting.

8 BOARD OF HEALTH MEETING THURSDAY, AUGUST 9, 201 Page 8 N. JAMES GILLESPIE - Show Cause Hearing for Noncompliance with an Order to Correct a Violation of the Town of Dennis Housing Space & Use By-Law 26 CARR ROAD, DENNISPORT, M40-26 Paul Covell read the legal notice: Show cause hearing for James Gillespie for noncompliance with an order issued by the Health Department to correct a violation of the Town of Dennis Housing Space & Use By-Law, at the property located at 26 Carr Road, Dennisport, MA. EXHIBITS/DOCUMENTS: Staff memo dated 8/1/12, copy of Application for Rental Occupancy Permit dated 7/30/12 and letter to James Gillespie dated 7/10/12. Documents are available for review in the Health Department Housing File M No one was present. As per staff memo dated August 1, 2012, Mr. Gilesspie in in compliance as of July 31,2012 Mr. Bunce moved to remove the show cause hearing for James Gillespie, 26 Carr Road, Dennisport, MA. Ms. Chamberlain seconded the motion. O. HAROLD & BEVERLY THOMPSON/ATTY. HERBERT LACH Appeal of Health Department s Order to Correct a Violation of 105 CMR : The State Sanitary Code, Chapter II: Minimum Standards of Fitness for Human Habitation 49 DIVISION STREET, DENNISPORT, M76-63 Paul Covell read the legal notice: Appeal by Beverly & Harold Thompson of the Health Department s order to correct violations of the State Sanitary Code, 105 CMR , Chapter II: Minimum Standards of fitness for Human Habitation, for the property located at 49 Division Street, Dennisport, MA. EXHIBITS/DOCUMENTS: Letter to Jennifer Flood dated 8/9/12, text messages to Mark McDonnell dated 8/6/12, letter to Herbert F. Lach, Jr. Esquire dated 7/26/12, letter to Terence Hayes, Health Director dated 7/24/12, letter o Harold Thompson dated 7/17/12 and letter to Ms. Beverly A. Thompson dated 7/16/12. Documents are available for review in the Health Department Housing File M No one was present. Mr. Hayes explained that the owner and the tenant were in court today. The order was staid at the tenant s request until September 4, 2012 because he currently has family with small children visiting. The tenant was ordered by the court to obtain permission from the Health Department in order to delay the work that was ordered by the Health Department. Permission was granted. Linda Shea, abutter next door, had questions regarding the house being auctioned on August 28 th, and whether or not people could live in the house given the current condition of the house. Mr. Covell said people can live in the house. Issues arise when tenants are involved. Mr. Hayes said the house not been found to be unfit for human habitation. Mr. Perrino added that the house will not be allowed to be rented. Ms. Chamberlain moved to continue the appeal by Beverly & Harold Thompson, 49 Division Street, Dennisport, MA, until the October Board of Health meeting. P. JOHN W. TERRIO Cont. Show Cause Hearing for Noncompliance with an Order to Correct Violations of the State Sanitary Code, 105 CMR , Chapter II: Minimum Standards of Fitness for Human Habitation 37 NAUSHON ROAD, DENNISPORT, M71-24 Paul Covell read the legal notice: Continued show cause hearing for John W. Terrio for noncompliance with an order issued b the Health Department to correct violations of the State Sanitary code, 105 CMR , Chapter II: Minimum Standards of Fitness for Human Habitation, for the property located at 37 Naushon Road, Dennisport, MA. EXHIBITS/DOCUMENTS: Letter to Mr. Terence M. Hayes, R.S., C.H.O. dated 8/7/12, staff memo dated 8/1/12, letter to Mr. John W. Terrio

9 BOARD OF HEALTH MEETING THURSDAY, AUGUST 9, 201 Page 9 dated 6/26/12, reminder notice at letter to Mr. John w. Terrio dated 6/27/12, letter to Mr. Terence M. Hayes, Health Director, R.S., C.H.O. dated 6/13/12, staff memo dated 6/7/12, certified letter to John W. Terrio dated 7/8/11 and photocopies of 37 Naushon Road dated 5/2/12. Documents are available for review on the Health Department s Housing File M No one was present. See letter from Mr. Terrio requesting a thirty day continuance. Ms. Chamberlain moved to continue the show cause hearing or John W. Terrio, 37 Naushon Road, Dennisport, MA, until the September 13, 2012 Board of Health meeting. Q. RICHARD STEVENS Show Cause Hearing for Noncompliance with an Order to Correct Violations of the State Sanitary Code, 105 CMR , Chapter II: Minimum Standards of Fitness for Human Habitation 9 PRIMROSE STREET, SOUTH DENNIS, M Paul Covell read the legal notice: Show cause hearing for Richard E. Stevens for noncompliance with an order issued by the Health Department to correct violations of the State Sanitary Code, 105 CMR , Chapter II: Minimum Standards of Fitness for Human Habitation, for the property located at 9 Primrose Street, South Dennis, MA.. EXHIBITS/DOCUMENTS: Certified letter to Richard E. Stevens dated 7/24/12, certified letter to Richard E. Stevens dated 6/11/12, copy of complaint filed with the health department dated 6/6/12 and photos of 9 Primrose Street, South Dennis dated 7/24/12. No one was present. Mr. Hayes stated that it has been difficult getting Mr. Stevens to comply. No inspection has been scheduled for the interior of the house as requested and excessive amounts of garbage, rubbish and other miscellaneous items remain. Mr. Hayes recommended a continuance of one month. Mr. Bunce moved to continue the show cause hearing for Richard Stevens, 9 Primrose Street, South Dennis, MA, until the September 13, 2012 Board of Health meeting. R. ROBERT BENSON & MARK CHATFIELD Show Cause Hearing for Noncompliance with an Order to Correct Violations of the State Sanitary Code, 105 CMR , Chapter II: Minimum Standards of Fitness for Human Habitation 240 TROTTING PARK ROAD, WEST DENNIS, M68-16 Paul Covell read the legal notice: Show cause hearing for Robert Benson & Mark E. Chatfield for noncompliance with an order issued by the Health Department to correct violations of the State Sanitary Code, 105 CMR , Chapter II: Minimum Standards of Fitness for Human Habitation, for the property located at 240 Trotting Park Road, West Dennis, MA. EXHIBITS/DOCUMENTS: Letter to Robert A. Benson et al dated 7/25/12, USPS.com track & confirm dated 7/25/12, certified letter to Robert A. Benson et al, dated 6/25/12 and copy of complaint file with the health department dated 6/7/12. Documents are available for review in the Health Department Housing File M Don Monciewicz was present on behalf of the owner and stated that the repairs have been done. Mr. Covell said the property needs to be inspected and that Mr. Monciewicz should call the Health Department in the morning to schedule an inspection.

10 BOARD OF HEALTH MEETING THURSDAY, AUGUST 9, 201 Page 10 Ms. Chamberlain moved to continue the show cause hearing for Robert Benson & Mark Chatfield, 240 Trotting Park Road, West Dennis, until the September 13, 2012 Board of Health meeting, with the understanding that if the property is found to be incompliance upon inspection there will be no need to attend the September meeting. S. MATTHEW TINTI - Show Cause Hearing for Noncompliance with an Order to Correct Violations of the State Sanitary Code, 105 CMR , Chapter II: Minimum Standards of Fitness for Human Habitation 272B MAIN STREET, WEST DENNIS, M64-12 Paul Covell read the legal notice: Show cause hearing for Matthew Tinti for noncompliance with an order issued by the Health Department to correct violations of the State Sanitary Code, 105 CMR , Chapter II: Minimum Standards of Fitness for Human Habitation, for the property located at 272B Main Street, West Dennis, MA. EXHIBITS/DOCUMENTS: Letter to Robert J. Beaulieu dated 7/31/12, copy of complaint filed with the health department dated 7/31/12, certified letter to Matthew Tinti dated 7/25/12, certified letter to Matthew Tinti dated 7/11/12, USPS.com track & firm dated 7/25/12, hand written note by unknown person, copy of complaint filed with the health department dated 6/22/12 and copy of Cape cod Supportive Housing Program Occupancy Permit. Documents are available for review in the Health Department Housing File M Mr. Tinti was not present. Mr. Tinti s tenant,tammy Maziarz, was present and said the garbage disposal is not working, as a result there are fruit flies, also no dishwasher, washer and dryer still not working, no water in the kitchen for eight days, and Mr. Tinti has shut the electricity off twice. Mr. Hayes said that upon a previous inspection the second exit from the tenant s apartment was blocked by a refrigerator and locked from the outside. Mr. Hayes also said that orders issued to Mr. Tinti in the past have been ignored and he recommended the show cause hearing be moved to court. The Board requested that Mr. Hayes and a police escort go to Mr. Tinti s house and speak with him about this situation in addition to moving this to court. Ms. Chamberlain moved to move the show cause hearing for Matthew Tinti, 272B Main Street, West Dennis, MA, to court and directed Mr. Hayes and a police escort go to Mr. Tinti s and speak with him on Friday regarding the safety issues present in the rental unit. II. AGENDA ITEMS 1. SANDPIPER CONDOMINIUM TRUST - Progress Report on White Knight Inoculator/Generator Alternative Treatment System Installed on 8/1/ EDWARD S AVENUE, SANDPIPER CONDOMINIUMS, BLDG. B, DENNISPORT, M75-72 Bob Silva, representative of the White Knight Alternative Treatment System was present and reported that the system is performing very well and that it is empty. Mr. Silva offered to answer any questions the Board may have. Mr. Hayes stated that the system appears to be functioning as intended. Mr. Silva provided a report to Mr. Hayes. 2. KERRY GILMORE, SALES & MARKETING MGR./24TRAUMA Presentation of Company s Services Specializing in Biohazard Cleaning: Distressed Property, Odor Removal, Animal/Hoarding, Medical Spills Al Weisman, president of 24 Trauma, and Kerry Gilmore were present. Mr. Weisman explained the services his company provides. These services include assistance with hoarding, animal hoarding and almost anything involving the cleanup of bio hazardous materials. His company gives free seminars on safety procedures when encountering hazardous situations. Mr. Weisman also said insurance does not cover

11 BOARD OF HEALTH MEETING THURSDAY, AUGUST 9, 201 Page 11 hoarding or animal hoarding however, his company will work with people and will offer payment plans. Kerry Gilmore presented four basic protection kits embroidered with Dennis Health Department to the Board. Ms. Chamberlain as Waste Water Task force representative asked the Board to please read the Mass. Estuary project report provided to each Board member this evening. She will ask for a discussion on it next month. III. MINUTES 1. Regular Meeting of July 12, 2012 Ms. Chamberlain moved as printed. Mr. Bunce motioned to adjourn at 9:07 P.M. Ms. Chamberlain seconded the motion. Motion carried.