DENNIS BOARD OF HEALTH MEETING
THURSDAY, OCTOBER 11, 2012
Dennis Town Offices – Large Hearing Room - 7:00 P.M.
Present: Chairman Covell, Vice Chairman Perrino, Members Bunce,& Duffy
Absent: Member Chamberlain
Staff: Director Terence Hayes & Office Assistant Jacqueline Hodgdon
Convened: 7:00 P.M.
I.
A-1.
ACTION
JOHN MEADE & RUTHANN MACHESKI/DAVENPORT BUILDING COMPANY – Appeal of Health Department’s Decision that Property
is Located in an Environmentally Sensitive Area, as defined by Town of Dennis Regulations for Subsurface Disposal of Sewage,
Regulation 16.B
266 CENTER STREET, SOUTH DENNIS, M111-29 – Robin Wilcox, P.L.S., Sweetser Engineering, Inc.
Mr. Covell read the legal notice: Appeal by John Meade & Ruthann Macheski/Davenport Building Company from Health Department’s
decision that the property at 266 Center Street, South Dennis is located within an Environmentally Sensitive Area, as defined by the Town of
Dennis Regulations for Subsurface Disposal if Sewage, Regulation 16.B.
EXHIBITS/DOCUMENTS: Memo to Dennis Board of Health dated 10/4/12, letter to Board of Health dated 9/20/12, and letter to Davenport
Building Company dated 9/13/12. Documents are available for review in the Health Department Septic System File M 111-29.
Robin Wilcox, P.L.S., Sweetser Engineering, Inc., was present on behalf of Davenport Building Company. Mr. Wilcox provided green cards.
Mr. Wilcox stated that the 46,000 square foot lot backs up to a cranberry bog and an overgrown wetland. The bog is situated higher than the
rest of the lot. He also stated that he disagrees with Agent Tierney’s determination that this property is located in an environmentally sensitive
area. Mr. Hayes said that Title 5, 15.103 allows adjusted ground water to determine if a property is in an environmentally sensitive area.
No abutters spoke.
Mr. Bunce moved to grant the appeal to determine the site is not in an environmentally sensitive area, by John Meade & Ruthann
Macheski/Davenport Building Company, 266 Center Street, South Dennis MA.
Mr. Duffy seconded the motion.
Vote
IN FAVOR
OPPOSED
A-2.
4
0
JOHN MEADE & RUTHANN MACHESKI/DAVENPORT BUILDING COMPANY – VARIANCE APPLICATION (NEW CONSTRUCTION)
266 CENTER STREET, SOUTH DENNIS, M111-29 – Robin Wilcox, P.L.S., Sweetser Engineering, Inc.
Mr. Covell read the legal notice: Application by John Meade & Ruthann Macheski/Davenport Building Company who seek a variance from the
Town of Dennis Regulations for Subsurface Disposal of Sewage, for the property located at 266 Center Street, South Dennis,MA.
EXHIBITS/DOCUMENTS: Completed variance application dated 9/20/12. Documents are available for review in the Health Department
Septic System File M 111-29.
Robin Wilcox, P.L.S., Sweetser Engineering, Inc., was present on behalf of Davenport Building Company. Mr. Wilcox made a request to
withdraw the variance application by John Meade & Ruthann Macehski/Davenport Building Company.
Mr. Bunce moved to approve the request to withdraw the variance application without prejudice for John Meade & Ruthann
Macheski/Davenport Building Company, 266 Center Street, South Dennis, MA.
Mr. Duffy seconded the motion.
VOTE
IN FAVOR
OPPOSED
4
0
Board of Health Meeting
B.
Thursday, October 11, 2012
Page 2
RICHARD & BARBARA BARKER – VARIANCE APPLICATION (FAILED SYSTEM)
27 UNCLE BARNEY’S ROAD, WEST DENNIS, M61-1 – Stephen A. Haas, P.E., Stephen A. Haas Engineering, Inc.
Mr. Covell read the legal notice: Application by Richard & Barbara Barker, who seek variances from the regulations from the Mass.
Department of Environmental Protection, Title 5, and the Town of Dennis Regulations for Subsurface Disposal of Sewage, for the property
located at 27 Uncle Barney’s Road, West Dennis, MA.
EXHIBITS/DOCUMENTS: Completed variance application dated 9/25/12. Documents are available for review in the Health Department
Septic System File M 61-1.
Stephen A. Haas of Stephen A. Haas Engineering Inc., and Richard & Barbara Barker were present. Mr. Haas provided green cards and said
the variances are mostly setbacks. The leach pit failed, this is a straight upgrade.
No abutters spoke. Mr. Covell asked Mr. Haas if he would accept the normal conditions that apply. Mr. Haas said yes.
Mr. Duffy moved to approve the variance request for Richard & Barbara Barker, 27 Uncle Barney’s Road, West Dennis, with the
following conditions:
1.
2.
3.
4.
5.
No garbage disposal.
Water-saving devices shall be installed and verified by the Health Department.
No alteration of the floor plan to the dwelling without further review by the Board of Health.
Record variances and conditions at the Registry of Deeds to run with the property with a COPY TO THE HEALTH
DEPARTMENT.
The design engineer shall submit a certified as-built plan, with elevations, to the Health Department.
Mr. Dunce seconded the motion.
VOTE
IN FAVOR
OPPOSED
C.
4
0
T & M REALTY TRUST – VARIANCE APPLICATION (FAILED SYSTEM)
22 BEACHPLUM LANE, DENNISPORT, M55-34 - Stephen A. Haas, P.E., Stephen A. Haas Engineering, Inc.
Mr. Covell read the legal notice: Application by T & M Realty Trust, who seeks variances 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 22
Beachplum Lane, Dennisport, MA.
EXHIBITS/DOCUMENTS: Email to Jennifer Clarke dated 10/1/12 and completed variance application dated 9/25/12. Documents are
available for review in the Health Department Septic System File M 55-34.
Mr. Stephen A. Haas, of Stephen A. Haas Engineering, Inc., was present on behalf of the owner. Mr. Haas requested the variance request be
continued to the November 8, 2012 Board of Health meeting as per the owner’s request so the plans can be revised. No abutters spoke.
Mr. Bunce moved to continue the variance application for T & M Realty Trust, 22 Beachplum Lane, Dennisport, until the November
8, 2012 Board of Health meeting.
Mr. Duffy seconded the motion.
VOTE
IN FAVOR
OPPOSED
D.
4
0
THOMAS & MARTIN DUCHARME – VARIANCE APPLICATION (NEW CONSTRUCTION)
74 CHANDLER DRIVE, SOUTH DENNIS, M176-70 – Dan Croteau, P.E., Moran Engineering, Inc.
Mr. Covell read the legal notice: Application by Thomas & Martin Ducharme, who seek a variance from the Town of Dennis regulations for
Subsurface Disposal of Sewage, for the property located at 74 Chandler Drive, South Dennis, MA.
EXHIBITS/DOCUMENTS: Completed variance application dated 9/25/12. Documents are available for review in the Health Department
Board of Health Meeting
Thursday, October 11, 2012
Page 3
Septic System File M 176-70.
Dan Croteau, of Moran Engineering, was present on behalf of Thomas & Martin DuCharme and provided green cards. Mr. Croteau said the
variance is due to the 16b regulation for new construction in an environmentally sensitive area. No abutters spoke .
Mr. Bunce moved to approve the variance request for Thomas & Martin DuCharme, 74 Chandler Drive, South Dennis, with the
following conditions:
1.
2.
3.
4.
Water-saving devices shall be installed and verified by the Health Department.
No alteration of the floor plan to the dwelling without further review by the Board of Health.
Record variances and conditions at the Registry of Deeds to run with the property with a COPY TO THE HEALTH
DEPARTMENT.
Record variances and conditions at the Registry of Deeds to run with the property with a COPY TO THE HEALTH
DEPARTMENT.
Mr. Duffy seconded the motion.
VOTE
IN FAVOR
OPPOSED
E.
4
0
WILLIAM & SANDRA SARMUK – VARIANCE APPLICATION (ADDITION)
524 OLD CHATHAM ROAD, SOUTH DENNIS, M180-4 – Ronald J. Cadillac, P.L.S., R.S., P.C.
Mr. Covell read the legal notice: Application by William & Sandra Sarmuk, who seek a variance from the Town of Dennis Regulations for
Subsurface Disposal of Sewage, for the property located at 524 Old Chatham Road, South Dennis, MA.
EXHIBITS/DOCUMENTS: Completed variance application dated 9/25/12. Documents are available for review in the Health Department
Septic System File M 180-4.
Ronald J. Cadillac, P.L.S., R.S., P.C., was present on behalf of the owners and provided green cards. Mr. Cadillac said the variance request
is to allow an addition in an environmentally sensitive area. Mr. Hayes said the nitrogen calculations were a little high due to the huge amount
of lawn. The board agreed that I/A technology is not appropriate in this case. No abutters spoke.
Mr. Covell asked Mr. Cadillac if he would accept the usual conditions that would apply. Mr. Cadillac said yes.
Mr. Bunce moved to approve the variance request for William & Sandra Sarmuk, 524 Old Chatham Road, South Dennis, with the
following conditions:
1.
2.
3.
4.
No garbage disposal
Water-saving devices shall be installed and verified by the Board of Health.
No alteration of the floor plan to the dwelling without further review by the Board of Health.
Record variances and conditions at the Registry of Deeds to run with the property with a COPY TO THE HEALTH
DEPARTMENT.
Mr. Duffy seconded the motion.
VOTE
IN FAVOR
OPPOSED
F.
4
0
EULA FRANCES MERCHANT – Continued Show Cause Hearing for Noncompliance with Order to Correct Violation of 310 CMR
15.000, The State Environmental Code, Title 5 and the Town of Dennis Regulations for Subsurface Disposal of Sewage (cont. from
9/13/12)
21 LONE TREE ROAD, DENNISPORT, M70-9
Mr. Covell read the legal notice: Continued show cause hearing for The Estate of Eula Frances Merchant/Kenneth Merchant, Executor, for
noncompliance with an order to correct a violation of 310 CMR 15.000: 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.
Board of Health Meeting
Thursday, October 11, 2012
Page 4
EXHIBITS/DOCUMENTS: Letter to Estate of Eula Frances Merchant dated 9/19/12, letter to Estate of Eula Frances Merchant dated 8/14/12,
certified letter to Ms. Eula Frances Merchant dated 7/24/12, pages 7 & 8 of Board of Health minutes dated 4/12/12, 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, invoice from Wall Septic
Service 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 System File M 70-9.
Mr. Kenneth Merchant, executor, was present. Mr. Merchant said his engineer has turned the job over to a new engineer due to the loss of
an engineer in the firm. Mr. Merchant asked for one more month saying that no one is using the property right now. No abutters spoke.
Mr. Duffy moved to continue the show cause hearing for the Estate of Eula Merchant, 21 Lone Tree Road, Dennisport, until the
November 8, 2012 Board of Health Meeting.
Mr. Perrino seconded the motion.
VOTE
IN FAVOR
OPPOSED
G.
4
0
RICHARD SMITHSON – Continued Show Cause Hearing for Noncompliance with Order to a Violation of 310 CMR 15.000, The State
Environmental Code, Title 5 (cont. from 8/9/12)
99 UNCLE ROLF’S ROAD, SEA WINDS CONDO., UNIT 14, DENNISPORT, M18-148
Mr. 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 CMT 15.000: 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 9/26/12, letter to Rick Smithson & Janice Perrin dated 9/17/12, letter to Mr.
Richard Smithson dated 8/14/12, letter to Mr. Richard Smithson dated 7/24/12, certified letter to Mr. Richard Smithson dated 4/27/12, certified
letter to Mr. Richard Smithson dated 3/16/12, and copy of Disposal Works Construction Permit dated 5/7/12. Documents are available for
review in the Health Department Septic System File M 18-148.
Mr. Perrino recused himself from the show cause hearing for Richard Smithson.
Robin Wilcox, of Sweetser Engineering, was present and explained that the home owners’ association does not want Mr. Smithson to start
work until November 1st. Mr. Smithson is willing and ready to go forward. The septic application has been submitted to the Health
Department. Mr. Hayes recommended the hearing be continued until November 8 th. No abutters spoke.
Mr. Duffy moved to continue the show cause hearing for Richard Smithson, 99 Uncle Rolf’s Road, Sea Winds Condo, Unit 14.
Dennisport, MA, until the November 8, 2012 Board of Health meeting.
Mr. Bunce seconded the motion.
VOTE
IN FAVOR
OPPOSED
3
0
(Mr. Perrino remains recused until after the next item)
H.
JOHN W. TERRIO – Cont. Show Cause Hearing for Noncompliance with an Order to Correct Violations of the State Sanitary Code,
105 CMR 410.000, Chapter II: Minimum Standards of Fitness for Human Habitation (cont. from 9/13/12)
37 NAUSHON ROAD, DENNISPORT, M71-24
Mr. Covell read the legal notice: Continued show cause hearing for John W. Terrio for noncompliance with an order issued by the Health
Department to correct violations of the State Environmental Code, 105 CMR 410.000, Chapter II: Minimum Standards of Fitness for Human
Habitation, for the property located at 37 Naushon Road, Dennisport, MA.
EXHIBITS/DOCUMENTS: Letter to Mr. John W. Terrio dated 9/19/12, staff memo to Board of Health dated 9/7/12, letter Mr. John W. Terrio
dated 8/16/12, letter to Mr. Terrance M. Hayes, R.S., C.H.O. dated 8/7/12, letter to Mr. John W. Terrio dated 6/26/12, reminder notice to Mr.
John Terrio dated 7/27/12, letter to Mr. Terrance M. Hayes, Health Director, R.S., C.H.O. dated 6/13/12, staff memo to Board of Health dated
6/7/12, certified letter to John W. Terrio dated 7/8/11, and copies of photos of 37 Naushon Road, Dennisport. Documents are available for
review in the Health Department Housing File M 7124.
Board of Health Meeting
Thursday, October 11, 2012
Page 5
No one was present for the hearing. See Agent Flood’s memo dated 10/11/12 which outlines corrective actions to be taken within a specific
time frame. Agent Flood recommends continuing the show cause hearing until the November 8, 2012 Board of Health meeting. No abutters
spoke.
Mr. Duffy moved to continue the show cause hearing for John W. Terrio, 37 Naushon Road, Dennisport, until the November 8, 2012
Board of Health meeting.
Mr. Bunce seconded the motion.
VOTE
IN FAVOR
OPPOSED
3
0
Mr. Perrino returned.
I.
DONALD & JOEL HOLMES – Cont. Show Cause Hearing for Noncompliance with an Order to Correct Violations of the State
Sanitary Code, 105 CMR 410.000, Chapter II: Minimum Standards of Fitness for Human Habitation (cont. from 9/13/12)
59 VIKING DRIVE, SOUTH DENNIS, M160-38
Mr. Covell read the legal notice: Continued show cause hearing for Donald & Joel Holmes for noncompliance with an order issued by the
Health Department to correct violations of the State Sanitary Code, 105 CMR 410.000, Chapter II: Minimum Standards of Fitness for Human
Habitation, for the property located at 59 Viking Drive, South Dennis, MA.
EXHIBITS/DOCUMENTS: Staff memo to Dennis Board of Health dated 10/4/12, letter to Donald & Joel Holmes dated 9/12/12, letter to
Jennifer M. Flood, Health Agent dated 9/5/12, certified letter to Donald and Joel Holmes dated 8/29/12, certified letter to Donald and Joel
Holmes dated 7/23/12, and copy of complaint filed with the Health Department dated 7/19/12. Documents are available for review in the
Health Department Housing File M 106-38.
No one was present for the show cause hearing. Mr. Hayes stated that the property is now in compliance and should be removed from the
agenda.
Mr. Duffy moved to remove the show cause hearing for Donald & Joel Holmes, 59 Viking Drive, South Dennis, from the agenda.
Mr. Bunce seconded the motion.
VOTE
IN FAVOR
OPPOSED
J.
4
0
RICHARD STEVENS – Continued Show Cause Hearing for Noncompliance with an Order to Correct Violations of the State Sanitary
Code, 105 CMR 410.000, Chapter II: Minimum Standards of Fitness for Human Habitation (cont. from 9/13/12)
9 PRIMROSE STREET, SOUTH DENNIS, M200-09
Mr. Covell read the legal notice: Continued 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 410.000, Chapter II: Minimum Standards of Fitness for Human
Habitation, for the property located at 9 Primrose Street, South Dennis MA.
EXHIBITS/DOCUMENTS: Notes to file dated 9/21/12, letter to Mr. Richard E. Stevens dated 9/19/12, certified letter to Richard E. Stevens
dated 9/17/12, copy of complaint filed with the Health Department dated 9/7/12, staff memo to Board of Health dated 8/22/12, certified letter
to Richard E. Stevens dated 8/22/12, letter to Mr. Richard E. Stevens dated 8/16/12, 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 copies of photos of
the property located at 9 Primrose Street, South Dennis, MA. Documents are available for review in the Health Department Housing File M
200-9.
No one was present for the show cause hearing. See Agent Flood’s memo dated 10/10/12, stating that the property is now in compliance
with the order letter dated 6/11/12 and recommends removing the item from the agenda. No abutters spoke.
Mr. Bunce moved to remove the show cause hearing for Richard Stevens, 9 Primrose Street, South Dennis, from the agenda as per
Board of Health Meeting
Thursday, October 11, 2012
Page 6
Agent Flood’s memo dated 10/10/12.
Mr. Duffy seconded the motion.
VOTE
IN FAVOR
OPPOSED
K.
4
0
BANK OF AMERICA – TENANT ACCESS - Show Cause Hearing for Noncompliance with an Order to Correct Violations of the State
Sanitary Code, 105 CMR 410.000, Chapter II: Minimum Standards of Fitness for Human Habitation
273 SHAD HOLE ROAD, UNIT 1, DENNISPORT, M21-31
Mr. Covell read the legal notice: Show cause hearing for Bank of America – Tenant Access, for noncompliance with an order issued by the
Health Department to correct violations of the State Sanitary Code, 105 CMR 410.000, Chapter II: Minimum Standards of Fitness for Human
Habitation, for the property located at 273 Shad Hole Road, Unit1, Dennisport, MA.
EXHIBITS/DOCUMENTS: Certified letter to Bank of America-Tenant Access dated 9/11/12, certified letter to Bank of America-Tenant Access
dated 7/19/12, completed application for rental occupancy permit dated 5/9/12, housing inspection form dated 7/12/12, copy of notes to file,
memo to Jennifer Flood and Kristen Keller dated 3/19/12, letter to Town of Dennis Health Department received 2/28/12, certified letter to
Helen Mastroianni dated 2/12/12. Documents are available for review in the Health Department Housing File M 21-30.
No one was present for the show cause hearing. Mr. Hayes said the Bank of America has been non-responsive and recommended moving
the show cause hearing to court. Mr. Perrino said he would like to have the Health Department begin the process of condemning the
property.
Mr. Perrino moved to move the show cause hearing for Bank of America – Tenant Access, 273 Shad Hole Road, Unit 1, Dennisport,
MA, to court and to authorize the Health Department to show cause for condemnation for the November 8, 2012 Board of Health
meeting.
Mr. Bunce seconded the motion.
VOTE
IN FAVOR
OPPOSED
L.
4
0
SOUTH CAPE REALTY TRUST/MARY ANN WALSH, TRUSTEE – Cont. Appeal of Order to Correct Violations of the State Sanitary
Code, 105 CMR 410.000, Chapter II: Minimum Standards of Fitness for Human Habitation (cont. from 9/13/12)
691 MAIN STREET, WEST DENNIS, M67-4
Mr. Covell read the legal notice: Continued appeal by South Cape Realty Trust/Mary Ann Walsh, Trustee or an order issued by the Health
Department to correct a violation of the State Sanitary Code 105 CMR 410.000, Chapter II: Minimum Standards of Fitness for Human
Habitation, for the property located at 691 Main Street, West Dennis, MA.
EXHIBITS/DOCUMENTS: Letter to Ms. Mary Ann Walsh, Trustee dated 9/24/12, letter to Board of Health dated 9/28/12, A-1 Exterminators
invoice service contract dated 9/28/12, copy of Unit inspection list by A-1 Exterminators, copies of articles regarding pest control and
elimination, letter to Mary Ann Walsh, Trustee dated 8/28/12,letter to Board of Health dated 8/9/12, and certified letter to South Cape Realty
Trust dated 8/1/12. Documents are available for review in the Health Department Housing File M 67-4.
No one was present for the show cause hearing for South Cape Realty Trust/ Mary Ann Walsh, Trustee. Mr. Hayes recommended removing
the item from the agenda.
Mr. Bunce to remove the appeal request by South Cape Realty Trust/Mary Ann Walsh, Trustee from the agenda.
Mr. Duffy seconded the motion.
VOTE
IN FAVOR
OPPOSED
M.
4
0
BEVERLY & HAROLD THOMPSON - Cont. Appeal of Order to Correct Violations of the State Sanitary Code, 105 CMR 410.000,
Board of Health Meeting
Thursday, October 11, 2012
Page 7
Chapter II: Minimum Standards of Fitness for Human Habitation (cont. from 8/9/12)
49 DIVISION STREET, DENNISPORT, M76-63
Mr. Covell read the legal notice: Continued appeal by Beverly & Harold Thompson of the Health Department’s order to correct violations of
the State Sanitary Code, 105 CMR 410.000, Chapter II: Minimum Standards of Fitness for Human Habitation, for the property located at 49
Division Street, Dennisport, MA.
EXHIBITS/DOCUMENTS: Letter to Herbert F. Lach, Jr., Esquire dated 8/15/12, staff memo to Dennis Board of Health dated 8/9/12, letter to
Jennifer Flood dated 8/9/12, copies of text messages from Beverly Thompson to Mark McDonnell dated 8/8/12, certified letter to Herbert F.
Lach, Jr., Esquire dated 7/26/12, letter to Terence Hayes, Health Director dated 7/24/12, certified letter to Harold Thompson dated 7/17/12,
and letter to Ms. Beverly A. Thompson and Mr. Harold A. Thompson, Jr. dated 7/18/12. Documents are available for review in the Health
Department Housing File M 76-63.
No one was present. See Agent Flood’s memo dated 10/10/12 stating that the property is now in compliance and that she recommends
removing this item from the agenda.
Mr. Duffy moved to remove the continued appeal request by Beverly & Harold Thompson, 49 Division Street, Dennisport, MA, from
the agenda.
Mr. Bunce seconded the motion.
VOTE
IN FAVOR
OPPOSED
N.
4
0
WAYNE HICKS – Appeal of Order to Correct Violations of the State Sanitary Code, 105 CMR 410.000, Chapter II: Minimum
Standards of Fitness for Human Habitation
24 ROUTE 134, UNIT 4, SOUTH DENNIS, M85-30
Mr. Covell read the legal notice: Appeal by Wayne Hicks of an order issued by the Health Department to correct violations of the State
Sanitary Code, 105 410.000, Chapter II: Minimum Standards of Fitness for Human Habitation, for the property located at 24 Route 134, Unit
4, South Dennis, MA.
EXHIBITS/DOCUMENTS: Letter to Wayne Hicks dated 9/26/12, email to Mr. Hays dated 9/6/12, copy of complaint filed with the Health
Department dated 8/27/12, letter from Tom Umbrianna, Licensed Electrician dated 9/4/12, copies of pages 170, 172 and 197 from National
Electrical Code Handbook 201, and certified letter to Wayne Hicks dated 8/28/12. Documents are available for review in the Health
Department Housing File M 85-30.
Wayne Hicks was present and provided several pictures that he feels proves there was no co-mingling of electricity. He also said the comingling complaint began as a result of eviction proceedings. Mr. Hicks insisted that there has been no co-mingling, that his electricity is
working and the tenants’ is not. He wants the issue withdrawn and dismissed saying that he has provided ample proof (referring to the
photographs he provided) that everything is as it should be. Mr. Hicks said that he requested the wiring inspector, Mr. Tom Whelan, re-visit
his building for a re-inspection and that he did not come. Mr. Hayes explained that Mr. Whelan would require a licensed electrician to obtain a
permit and then request Mr. Whelan return to do a re-inspection, that is the process, and that is what Mr. Hicks was told by Mr. Whelan.
Mr. Hayes said that neither he nor Mr. Whelan has received any documentation showing that the problem has been resolved.
Ms. Holden’s attorney shared a certified letter with the Board that Ms. Holden received today from NSTAR. The letter stated that NSTAR
created an escrow account with approximately $2,000.00 which may be refunded to Ms. Holden once the investigation is complete. Mr. Alba
said that cross metering was acknowledged by NSTAR.
Mr. Perrino said he would like to hear from Mr. Whelan, Town of Dennis Wiring Inspector and requested his presence at the next meeting.
Mr. Perrino asked Ms. Holden’s attorney, Mr. Alba to please provide a copy of the certified letter that Ms. Holden received today from
NSTAR, to the Health Department on Friday, October 12, 2012. Mr. Alba said he will do so.
Mr. Perrino moved to continue the appeal hearing for Wayne Hicks, 24 Route 134, Unit 4, South Dennis, MA, until the November 8,
2012 Board of Health meeting and requests Mr. Thomas Whelan, Town of Dennis Wiring Inspector be present.
Mr. Duffy seconded the motion.
Board of Health Meeting
VOTE
IN FAVOR
OPPOSED
O.
Thursday, October 11, 2012
Page 8
4
0
DENNIS O’NEILL & SEAN CONNELLY – Show Cause Hearing for Noncompliance with an Order to Correct Violation of the Town of
Dennis Housing Space & Use By-Law
69 BEATEN ROAD, UNIT 13, DENNISPORT, M18-62
Mr. Covell read the legal notice: Show cause hearing for Dennis O’Neill & Sean Connelly 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 69 Beaten Road,
Unit 13, Dennisport, MA.
EXHIBITS/DOCUMENTS: Certified letter to Dennis ONeill et al dated 9/11/12, certified letter to Dennis ONeill et al dated 8/14/12, copy of
assessors’ field card for 69 Beaten Road, Unit 13, Dennisport, MA, and print out of Martha Murray Vacation Rentals online ad for 69 Beaten
Road, Unit 13. Documents are available for review in the Health Department Housing File M 18-62.
No one was present. Mr. Hayes recommended the board issue a citation for renting the dwelling without a permit.
Mr. Bunce moved to authorize the health Department to issue a citation to Dennis O’Neill & Sean Connelly, 69 Beaten Road, Unit
13, Dennisport, MA, for renting the dwelling without a certificate of occupancy permit.
Mr. Duffy seconded the motion.
VOTE
IN FAVOR
OPPOSED
P.
4
0
JOHN C. FRASER - Show Cause Hearing for Noncompliance with an Order to Correct Violation of the Town of Dennis Housing
Space & Use By-Law
12 DUNES VIEW ROAD, DENNIS, M345-95
Mr. Covell read the legal notice: Show cause hearing for John C. Fraser, 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 12 Dunes View Road, Dennis, MA.
EXHIBITS/DOCUMENTS: Application for rental occupancy permit dated 9/17/12, certified letter to John C. Fraser et ux, dated 9/11/12,
USPS Track & Confirm dated 8/30/12, certified letter to John C. Fraser dated 8/14/12, and copy of Home Land Realty online ad for 12 Dunes
View Road. Documents are available in the Health Department Housing File M 345-95.
No one was present. As per Noreen Dutson’s memo dated 10/11/12, the property is now in compliance. Mr. Hayes recommended removing
the item from the agenda.
Mr. Bunce moved to remove the show cause hearing for John C. Fraser, 12 Dunes View Road, Dennis, MA, form the agenda.
Mr. Duffy seconded the motion.
VOTE
IN FAVOR
OPPOSED
Q.
4
0
HILLARY GREENBERG-LEMOS – Review Status of License to Keep Poultry
3 ALEXANDER DRIVE, SOUTH DENNIS, M211-1
Mr. Covell read the legal notice: Continued hearing for Hillary Greenberg-Lemos, to review status of license to keep poultry at the property
located at 3 Alexander Drive, South Dennis, MA.
EXHIBITS/DOCUMENTS: Memo to Noreen Dutson; Jackie Hodgdon dated 9/28/12, letter to Ms. Hillary Greenberg-Lemos dated 4/20/12,
letter to Ms. Hillary Greenberg-Lemos dated 9/26/12, and copy of abutters list. Documents are available in the Health Department Stable
License File.
Hillary Greenberg-Lemos was present. Per Lori Miranda, Animal Officer, there have been no complaints regarding the chickens at 3
Board of Health Meeting
Thursday, October 11, 2012
Page 9
Alexander Drive.
Mr. Bunce moved to approve the poultry permit for Hillary Greenberg-Lemos, 3 Alexander Drive, South Dennis, MA.
Mr. Duffy seconded the motion.
VOTE
INFAVOR 4
OPPOSED 0
R.
VOTE to Approve Permitting for Public and Semi-Public Bathing Beaches, in Accordance with Requirements of The State Sanitary
Code, Chapter VII, 105 CMR 445.00: Minimum Standards for Bathing Beaches
Mr. Covell read the legal notice: Vote to approve permitting for public and semi-public bathing beaches, in accordance with the requirements
of The State Sanitary Code, Chapter VII, 105 CMR 445.00: Minimum Standards of Bathing Beaches.
EXHIBITS/DOCUMENTS: Letter to Mr. John Kelly, Town administrator, town of Orleans, dated 7/21/11, copies of applications for permit to
operate a bathing beach for Barnstable, Falmouth, Harwich (Town of Harwich documentation provided at their 4/5/11 Board of Health
meeting), and Truro,letter to Dennis board of Health dated 9/7/12, letter o Mr. Paul Covell, Chair Dennis Board of Health dat ed 6/11/12, 2012
Semi-public Bathing Beach Survey, email to Bethany Sadlowski dated 9/5/12, letter from Bethany Sadlowski to Semi-Public Beach Manager
dated 4/24/12, copy of 2012 Beach Operation Permit, BCDHE Beach Sampling Program Registration/Permitting Form 2012, sign samples,
memo to Board of Selectmen dated 4/15/12, Board of Health Work Session minutes dated 3/25/2010, memo to Board of Health dated
3/23/10, and appendix A, B, and C. Documents are available for review in the Health Department.
Mr. Hayes stated that the State Sanitary Code requires public and semi-public beaches to be permitted. Mr. Covell asked about
consequences. Mr. Hayes said that the Town would then have to assume all costs for sampling, tests, labor etcetera. The costs could be
approximately $12,000.00 per year. Mr. Covell then said he would like to have this as a Work Session agenda item so the board may discuss
it in depth.
Mr. Bunce moved to add the Vote to Approve Permitting for Public and Semi-Public Bathing Beaches, in Accordance with Requirements of
The State Sanitary Code, Chapter II, 105 CMR 445.000: Minimum Standards for Bathing Beaches to the Work Session for discussion and
then back to a regular Board of Health meeting for the vote.
Mr. Duffy seconded the motion.
VOTE
IN FAVOR
OPPOSED
4
0
II. AGENDA ITEMS
1.
ARUN & LINDA TANEJA – Request to Reduce Testing & Service Requirements for SeptiTech Treatment System
63 UNCLE BARNEY’S ROAD, WEST DENNIS, M44-8
EXHIBITS/DOCUMENTS: Letter to Arun K. & Linda M. Taneja dated 9/26/12, memo to Dennis Board of Health dated 9/24/12, and certificates of analysis
dated 7/9/12, 5/24/12, 1/14/11, 4/7/11, 8/3/11, 12/8/11, 3/8/11, and 9/14/10.Documents are available for review in the Health Department Septic System File
M 44-8.
Mr. Paul Davis was present. The property is used year round. Agent Tierney reviewed the sampling results and recommends a reduction in
the testing requirements, as per her memo dated 9/24/12.
Mr. Bunce moved to approve the request for a reduction in testing for Arun & Linda Taneja, 63 Uncle Barney’s Road, West Dennis,
MA, to one time per year to be done in the first quarter of the year.
Mr. Duffy seconded the motion.
Board of Health Meeting
VOTE
IN FAVOR
OPPOSED
2.
Thursday, October 11, 2012
Page 10
4
0
PETER & KATHERINE THIBAULT – Request to Reduce Testing & Service Requirements for SeptiTech Treatment System
115 GREENLAND CIRCLE, EAST DENNIS, M317-37
EXHIBITS/DOCUMENTS: Letter to Peter & Katherine Thibault dated 9/26/12, memo to Dennis Board o Health dated 9/4/12, letter from Rosano Davis
Sanitary Pumping, Inc., dated 8/28/12, and certificates of analysis dated 9/2/11, 2/6/12, 5/8/12, and 8/2/12.
Mr. Paul Davis was present and stated this property is used year round. As per Agent Tierney’s memo dated 9/4/12, a reduction in testing to once per year is
recommended.
Mr. Bunce moved to approve the request for reduction in testing for Peter & Katherine Thibault , 115 Greenland Circle, East Dennis, MA, to one per
year to be done in the first quarter of the year.
Mr. Duffy seconded the motion.
VOTE
IN FAVOR
OPPOSED
4
0
III. MINUTES
1.
Regular Meeting of September 13, 2012
The September 13, 2012 minutes were not included in the Board packets therefore will be voted on at the November meeting.
Mr. Duffy moved to adjourn at 8:10 P.M.
Motion carried.