A. Grace E. Coggon/Natalie Bloom Variance Application (Addition/Alteration cont. from 8/11/11) 55 BAIN ROAD, DENNISPORT, M 18-94

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1 BOARD OF HEALTH THURSDAY, SEPTEMBER 8, 2011 DENNIS TOWN OFFICES LARGE HEARING ROOM Present: Chairman Covell, Member Perrino, and Member Duffy Absent: Members Chamberlain & Bunce Staff: Health Director Terence Hayes, Secretary Jacqueline Hodgdon Mr. Covell called the meeting to order at 7:05 p.m. I. ACTION A. Grace E. Coggon/Natalie Bloom Variance Application (Addition/Alteration cont. from 8/11/11) 55 BAIN ROAD, DENNISPORT, M Mr. Covell read the legal notice: A continued hearing for John & Grace E. Coggon, who seeks variances from the Town of Dennis Regulations for Subsurface Disposal of Sewage, for the property located at 55 Bain Road, Dennisport, MA. EXHIBITS/DOCUMENTS: Staff memo dated 8/30/11, letter to Grace E. Coggon dated 8/15/11, and completed Board of Health variance application by Natalie Bloom for Grace E. Coggon dated 8/11/2011. Documents are available for review in the Health Department Septic system File M No one was present. Mr. Hayes explained that changes had been made to the application and that Mr. Cadillac needs to re-apply. Mr. Duffy moved to vacate the variance request for Grace E. Coggon/Natalie Bloom, 55 Bain Road, Dennisport, MA. B. Windward East Realty Trust/Robert McPhee & Henry Kelley, II, Trustee Variance Application (New Construction) 28 SEA OAKS DRIVE, EAST DENNIS, M

2 Board of Health Meeting Thursday, September 8, of 10 Mr. Covell read the legal notice: Application by Windward East Realty Trust, who seeks a variance from The Town of Dennis Regulations for Subsurface Disposal of Sewage, for the property located at 28 Sea Oaks Drive, East Dennis, MA. EXHIBITS/DOCUMENTS: Staff memo dated 8/30/2011 and completed Board of Health variance application dated 8/22/2011. Documents are available for review in the Health Department Septic System File M Stephanie Sequin of Ryder & Wilcox, Inc. was present and provided one green card. Ms. Sequin stated that there are no wetlands or private wells near the proposed new construction. As per staff memo dated 8/30/2011, the applicants propose to construct a new four (4) bedroom dwelling on a vacant, 43,929 square foot lot. The dwelling will contain a kitchen, formal dining room, a great room, sunroom, and three bedrooms. A future bedroom above the garage is also proposed. The proposed septic system will consist of a 2,000 gallon septic tank and soil absorption system. I/A technology is not incorporated into the system. The system has been designed for four (4) bedrooms. There are no abutting wetlands to the property; therefore, Conservation Commission approval is not required. The property is Environmentally Sensitive because it is within a Zone II. M. Perrino moved to approve the variance request for Windward East Realty Trust, 28 Sea Oaks Drive, East Dennis, MA, with the no conditions. C. Mary Aseltine Variance Application (Failed System) 23 PALMER LANE, EAST DENNIS, M Mr. Covell read the legal notice: An application by Mary Aseltine, 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 23 Palmer Lane, East Dennis, MA. EXHIBITS/DOCUMENTS: Staff memo dated 8/30/2011, order of conditions dated 8/18/2011 and completed Board of Health variance application dated 8/23/2011. Documents are available for review in the Health Department Septic System File M

3 Board of Health Meeting Thursday, September 8, of 10 David Bennett, R.S., Bennett Environmental Associates, Inc., was present and provided three green cards. Mr. Bennett stated that the proposed system is a mounded system and has a low profile retaining wall. He also stated a sieve analysis was done at Mr. Hayes request. As per staff memo dated 8/30/2011, the applicant proposes to upgrade her septic system that failed a Title 5 septic system inspection on March 8, The deadline for the upgrade of the system is March 8, The existing, single-story dwelling contains three (3) bedrooms, a kitchen and an open living room/dining area. The Assessors field card notes that there are two (2) bedrooms. The proposed septic system will contain two (2) 1,000 gallon septic tanks, a pump chamber and leach chambers. The system will be surrounded by a concrete block retaining wall. The system has been designed for three (3) bedrooms and does not incorporate I/A technology. The proposed soil absorption system will lie within the100 buffer zone of the salt marsh. The Conservation Commission issued an Order of Conditions for the upgrade of the septic system on August 18, Mr. Duffy moved to approve the variance request for Mary Aseltine, for the property located at 23 Palmer Lane, East Dennis, MA, 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 structure without further review by the Board of Health. 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. D. The Donald J. Haggerty Revocable Real Estate Trust Show Cause Hearing for NonCompliance with Order to Correct Violation of 310 CMR , The State Environmental Code (cont. from 7/14/11) 34 CARR ROAD, DENNISPORT, M Mr. Covell read the legal notice: Continued show cause hearing for The Donald J. Haggerty Revocable Real Estate Trust, 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 34 Carr Road, Dennisport, MA. EXHIBITS/DOCUMENTS: Staff memo dated 8/30/2011, letter to Donald J. haggerty Revocable Real Estate Trust dated 4/4/2011 and completed disposal works construction permit dated 7/19/2011. Documents are available for review in the Health Department Septic System File M

4 Board of Health Meeting Thursday, September 8, of 10 No one was present. See staff memo dated 8/30/2011, stating that the leaking septic tank was repaired by Accu-Sepcheck and inspected by the Health Department on 8/19/2011. The Certificate of Compliance has been issued, the property is now in compliance and the staff recommends that the Board remove the hearing from the agenda. Mr. Duffy moved to remove the show cause hearing for The Donald J. Haggerty Revocable Real Estate Trust, for the property located at 34 Carr Road, Dennisport, MA, as per the memo dated 8/30/2011. E. Marie Giunta Request for extension to Order to Correct a Violation of 310 CMR : The State Environmental Code 78 SEA STREET, EAST DENNIS, M Mr. Covell read the legal notice: Request by Marie Giunta, for an extension to an order issued by the Health Department to correct a violation of 310 CMR : The State Environmental Code, Title 5, at 78 Sea Street, East Dennis, MA. EXHIBITS/DOCUMENTS: Letter to Marie Giunta dated 8/23/2011, letter to the Health Department dated 7/26/2011, letter to Marie Giunta dated 11/16/2010, letter to Marie Giunta dated 8/19/2008, and copy of Tile 5 Official Inspection Report dated 8/12/2008. Documents are available for review in the Health Department Septic File M Marie Giunta was present. Ms. Giunta stated the property is still on the market and that the system is being maintained and pumped regularly. Mr. Hayes said that test holes have been done and Ms. Giunta said there is a plan in place. Mr. Perrino asked is she was going to need variances. Ms. Giunta said no and that she had conservation approval. Ms. Giunta requested another year extension to sell her house. Mr. Perrino moved to approve the request for an extension to 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 78 Sea Street, East Dennis, MA, until August 12, 2012.

5 Board of Health Meeting Thursday, September 8, of 10 F. Judy Dacey Cont. Show Cause Hearing for NonCompliance with Order to Correct Violations for The State Sanitary Code, 105 CMR , Chapter II: Minimum Standards of fitness for Human Habitation (Cont. from 8/11/2011) 38 BAYRIDGE DRIVE, SOUTH DENNIS, M Mr. Covell read the legal notice: Continued show cause hearing for Judy Dacey, for noncompliance with an order issued by the Health Department to correct violations of The State Sanitary Code, 105 CMR : Minimum Standards of Fitness for Human Habitation for the property located at 38 Bayridge Drive, South Dennis, MA. EXHIBITS/DOCUMENTS: Letter to Judy Dacey dated 8/16/2011, to Jennifer Clarke dated 8/10/2011, letter to Judy Dacey dated 7/22/2011, certified letter to Judy Dacey dated 7/13/2011, USPS confirmation dated 7/15/2011, certified letter to Judy Dacey dated 6/20/2011, USPS confirmation dated 6/22/2011, certified letter to Judy Dacey dated 9/7/2010, and Rental Occupancy Permit Affidavit of Compliance and inspection report for Judy Dacey dated 9/7/2010. Documents are available for review in the Health Department Housing File M No one was present. There has been no response and no update. Mr. Hayes recommended proceeding to court. Mr. Perrino moved to direct the Health Department staff to file a non criminal citation with the Orleans District Court for Judy Dacey, for the property located at 38 Bayridge Drive, East Dennis, MA. Mr Duffy seconded the motion. G. Randall G. Wells Show Cause Hearing for NonCompliance with Order to Correct a Violation of 105 CMR : The State Sanitary Code, Chapter II: Minimum Standards of Fitness for Human Habitation 58 GRASSY POND DRIVE, SOUTH DENNIS, M Mr. Covell read the legal notice: Show cause hearing for Randall G. Wells, for noncompliance with an order issued by the Health Department to correct a violation of 105 CMR : The State Sanitary Code, Chapter II: Minimum Standards of Fitness for Human Habitation, for the property located at 58 Grassy Pond Drive, South Dennis, MA..

6 Board of Health Meeting Thursday, September 8, of 10 EXHIBITS/DOCUMENTS: Certified letter to Randall G. Wells et ux dated 8/11/2011, certified letter to Randall G. Wells et ux dated 6/28/2011 and complaint detail report dated 6/28/2011. Documents are available for review in the Health Department Housing File M No one was present. Mr. Wells submitted a letter stating his property is in foreclosure and is owned by the Bank of America. As per staff memo dated 9/8/2011, stating the Assessors Office still has Mr. Wells as the owner of record and has no documents on file for the foreclosure. The clerk at the Assessors Office also checked the Registry of Deeds on-line records and there is no change in ownership. Staff recommends that the Board ask Mr. Wells to submit a copy of the foreclosure documents from the bank. The Board agreed that Mr. Wells should submit a copy of the foreclosure documents from the bank. Mr. Perrino moved to continue the show cause hearing for Randall G. Wells, for the property located at 58 Grassy Pond Drive, South Dennis, MA, until the October 13, 2011 Board of Health meeting. H. Richard Bergin. Show Cause Hearing for Violation of Town of Dennis Housing Space & Use By-Law and The State Sanitary Code, 105 CMR , Chapter II: Minimum Standards of Fitness for Human Habitation 3 LAUREL ROAD, DENNISPORT, M Mr. Covell read the legal notice: Show cause hearing for Richard Bergin for violation of the Town of Dennis Housing Space & Use By-Law and The State Sanitary Code, 105 CMR : Minimum Standards of Fitness for Human Habitation, for the property located at 3 Laurel Road, Dennisport, MA. EXHIBITS/DOCUMENTS: Certified letter to Richard Bergin dated 8/15/2011, housing inspection report dated 9/8/2010, Dennisport Vacation Rental listing dated 8/15/2011, complaint detail report dated 7/28/2011, to Jackie Hodgdon dated 7/2/82011, certified letter to Richard Bergin dated 7/5/2011, complaint detail report dated 7/21/2011, complaint detail report dated 7/5/2011 and Assessors field card.documents are available for review in the Health Department Housing File M The property is being advertised to sleep 4-6 people. The Rental Occuapncy Permit for 3 Laurel Road, Dennisport allows for a maximum of two (2) occupants. Richard Bergin was present and stated he was unaware of the overcrowding issue at his rental property. He was not aware that the married couple he rented to brought two children. Also, the

7 Board of Health Meeting Thursday, September 8, of 10 second complaint revealed even more people in his unit. Mr. Bergin inquired as to how to increase his maximum allowed occupancy. Mr. Hayes said that in 1982 there was a maximum allowed of 4 persons until 1997 when it changed to 2. Mr. Perrino asked Mr. Bergin how many more weeks he had the property rented for this season. Mr. Bergin said one more week..mr. Perrino suggested he return to the board before renting next season with pictures and they will determine if he can increase his maximum allowed. Mr. Covell told Mr. Bergin to write a letter requesting a variance from the code and come back with the pictures as Mr. Perrino suggested. Mr. Perrino moved to take no action on the show cause hearing for Richard Bergin, for the property located at 3 Laurel Road, Dennisport, MA. I. Thomas H. Watts Show Cause Hearing for NonCompliance with Order to Correct Violations of 105 CMR : The State Sanitary Code, Chapter II: Minimum Standards of Fitness for Human Habitation 1146 ROUTE 134, UNIT 2B, EAST DENNIS, M Mr. Covell read the legal notice: Show cause hearing for Thomas H. Watts, for noncompliance with an order issued by the Health Department to correct violations for The State Sanitary Code, 105 CMR : Minimum Standards of Fitness for Human Habitation, the property located at 1146 Route 134, Unit 2B, East Dennis, MA. EXHIBITS/DOCUMENTS: Staff memo to Board of Health dated 9/7/11, certified letter to Thomas H. Watts dated 8/16/2011, USPS confirmation dated 7/12/2011, certified letter to Thomas H. Watts dated 6/30/2011, Rental Occupancy Permit Affidavit of Compliance dated 6/30/2011 and Housing Inspection From dated 6/30/2011. Documents are available for review in the Health Department Housing File M No one was present. As per staff memo dated 9/7/2011, the owner returned his Affidavit of compliance on 9/6/2011 and a re-inspection of the property confirmed that all violations have been corrected. The rental permit has been issued and the property is now in compliance. Mr. Duffy moved to remove the show cause hearing for the Thomas H. Watts, for the property 1146 Route 134, Unit 2B, East Dennis, MA.

8 Board of Health Meeting Thursday, September 8, of 10 J. John W. Terrio Show Cause Hearing for NonCompliance with an Order to correct Violations of 105 CMR : The State Sanitary Code, Chapter II: Minimum Standards of Fitness for Human Habitation 37 NAUSHON ROAD, DENNISPORT, M Mr. Covell read the legal notice: Show cause hearing for John W. Terrio, for noncompliance with an order issued by the Health Department to correct violations of The State Sanitary Code, 105 CMR : Minimum Standards of Fitness for Human Habitation, for the property located at 37 Naushon Road, Dennisport, MA. EXHIBITS/DOCUMENTS: Certified letter to John W. Terrio dated 8/16/2011, USPS confirmation dated 8/6/2011, certified letter to John W. Terrio dated 7/8/2011 and housing inspection report dated 7/8/2011. Documents are available for review in the Health Department Housing File M No one was present. Mr. Covell said that Mr. Terrio is unable to attend and that some progress has been made. Mr. Perrino moved to continue the show cause hearing for John W. Terrio, for the property located at 37 Naushon Road, Dennisport, MA, until the October 13, 2011 Board of Health meeting. K. James R. Julian Show Cause Hearing for Noncompliance with an Order to Correct Violations of 105 CMR : The State Sanitary Code, Chapter II: The Minimum Standards of Fitness for Human Habitation. 2 CHRIS WAY, SOUTH DENNIS, M Mr. Covell read the legal notice: Show cause hearing for the James R. Julian, for noncompliance with an order issued by the Health Department to correct violations of The State Sanitary Code, 105 CMR : Minimum Standards of Fitness for Human Habitation, for the property located at 2 Chris Way, South Dennis, MA. EXHIBITS/DOCUMENTS: Staff memo dated 9/6/2011, certified letter to James R. Julian dated 8/16/2011, note by Jennifer Clarke dated 8/22/2011, certified letter to James R. Julian dated 8/16/2011, certified letter to James R. Julian dated 6/28/2011 and copy of Housing Inspection Form dated 6/28/2011. Documents are available in the Health Department Housing File M

9 Board of Health Meeting Thursday, September 8, of 10 No one was present. As per staff memo dated 9/6/2011, a re-inspection was conducted and 17 of the 19 violations have been addressed. The materials needed to repair the remaining violations are on site at the property. Mr. Julian is now in compliance with the Health Department and does not need to attend the meeting. Mr. Duffy moved to remove the show cause hearing for James R. Julian, for the property located at 2 Chris Way, South Dennis, MA. L. Peter & Chris Otto Show Cause Hearing for NonCompliance with an Order to Correct a Violation of the Town of Dennis Housing Space & Use By-Law 59 MAIN STREET, UNIT 28-2, DENNIS, M Mr. Covell read the legal notice: Show cause hearing for Peter & Chris Otto, for noncompliance with an order issued by the Health Department to correct a violation of the Town of Dennis Housing space & Use By-Law, for the property located at 59 Main Street, Unit 28-2, Dennis, MA. EXHIBITS/DOCUMENTS: Memo to Board of Health dated 9/7/2011, certified letter to Peter & Chris Otto dated 8/10/2011, copy of notes to file, application for rental occupancy permit dated 6/23/2011, certified letter to Margaret A. Otto Trust dated 6/15/2011, and memo to Dennis Health Department dated 6/10/2011. Documents are available in the Health Department Housing File M No one was present. As per memo from Kristen Keller dated 9/7/2011, an inspection was conducted and no health violations were found. Mr. Otto does not need to attend the meeting. Mr. Duffy moved to remove the show cause hearing for Peter & Chris Otto, for the property located at 59 Main Street, Unit 28-2, Dennis, MA. M. John B. Moniz, III d/b/a ACE Cesspool Sevice, Inc. Show Cause Hearing for Violation of 310 CMR (1): The State Environmental Code, Title 5

10 Board of Health Meeting Thursday, September 8, of 10 Mr. Covell read the legal notice: Show cause hearing for John B. Moniz, III d/b/a ACE Cesspool Service, Inc., for violation of 310 CMR (1): The State Environmental Code, Title 5. EXHIBITS/DOCUMENTS: Certified letter to John B. Moniz, III dated 8/23/2011, to Suzanne Foley at ACE Cesspool Service, Inc. dated 6/30/2011, copy of Yarmouth Septage Pumping Report dated 6/20/2011, letter to John B. Moniz, III dated 2/17/2011and copy of application for Septage Hauler s license for Documents are available for review in the Health Department License File ACE Cesspool Sevice, Inc. No one was present. As per the memo by Jennifer Flood dated 9/8/2011, ACE Cesspool Service is in compliance with the 310 CMR (1): The State Environmental Code, Title 5 Septic Haulers License. The license was issued today after an inspection of his truck was performed. Mr. Duffy moved to remove show cause hearing for John B. Moniz, III d/b/a ACE Cesspool Service, Inc. II. MINUTES 1. Regular Meeting of August 11, Mr. Perrino moved to approve the August 11, 2011 regular Board of Health meeting minutes as printed. Mr. Duffy moved to adjourn the meeting 7:37 p.m. Motion carried 3-0.