Chairman Stephanie Wilkie called the meeting to order at 5:05 P.M. Present were Vice Chairman Edward Sheehan, Director of Public Health Thomas Carbone and Town Counsel Charles Zaroulis. Susan Sullivan was not present.
Ms. Wilkie stated that Linda Rae could not be present. Attorney John D. Hodges and Attorney Kevin Sullivan, representing Mr. Sullivan and JDS Enterprises approached the table.
Ms. Wilkie stated that they were there to discuss the correspondence of May 24, 2002 and the evidentiary portion of the hearing was reopened. Ms. Wilkie asked if a rent receipt was received from the Raes. Mr. Carbone replied no. Ms. Wilkie asked if Attorney Sullivan was representing JDS Enterprises. Attorney Sullivan replied yes.
Ms. Wilkie referred to pg. 3 of Attorney Sullivan’s May 25, 2002 memo, regarding pumping of the system, and asked what annual maintenance would be. Attorney Sullivan stated that the septic system is generally pumped annually, but he’s not 100% sure.
Ms. Wilkie asked who does the routine maintenance for that system. Attorney Sullivan replied he wasn’t sure, but Tewksbury Sewer has done it in the past.
Ms. Wilkie asked when the last time this system was pumped prior to the incident. Attorney Sullivan replied he did not know.
Ms. Wilkie stated that during the site visit, it was noticed that the toilet in question was a water saver. She asked if this toilet was new. Attorney Sullivan replied it didn’t appear to be an old toilet.
Ms. Wilkie asked where in the system the oven mitt was found. Attorney Sullivan replied he couldn’t answer that.
Ms. Wilkie stated that John Sullivan testified that the Raes could move in their belongings early in the month. Attorney Sullivan replied that was correct.
Ms. Wilkie asked what the procedure is for pumping a septic system. Mr. Carbone stated that Title V requires that the pumper notify the Board of Health, typically on a monthly basis. Ms. Wilkie asked if there were any records of maintenance on this system. Mr. Carbone stated that the only record is the most recent pumping and we’re assuming it was pumped when the new system was installed in 1997. Ms. Wilkie stated that there is no pumping record from 1997 to present. Mr. Carbone replied that was correct. This system had a Title V inspection conducted in 2000, but the system was not pumped at that time.
Ms. Wilkie asked Mr. Carbone if during the inspection, the tenant stated that they could pick up the toilet. Mr. Carbone replied that is not correct, the toilet was wobbly.
Ms. Wilkie asked if there was any evidence of an oven mitt in the toilet. Mr. Carbone replied no.
Ms. Wilkie asked if the toilet was a water saving toilet. Mr. Carbone replied yes.
Ms. Wilkie asked if an oven mitt could be stuffed down a toilet. Mr. Carbone stated that the toilet uses very little water, so it would be difficult. Ms. Wilkie asked where the trap is. Mr. Carbone replied in the toilet.
Mr. Carbone stated that regarding the windows in the downstairs bedrooms, based on the age of the house the windows should be grandfathered in, but the previous owners stated that when they sold the house to JDS Enterprises, LLC, all the bedrooms were on the upper floor and the lower floor held a family room, kitchen and toilet. Mr. Carbone provided a drawn layout of the house by the previous owners.
Attorney Sullivan asked if it was possible for something to get stuffed down the toilet. Mr. Carbone replied it was possible.
Attorney Sullivan stated that the kitchen and family room were downstairs when the previous owners lived there. Mr. Carbone replied that was correct.
Mr. Carbone stated that all but four items have been addressed.
1. The septic system operation.
2. The window sizes in the lower bedrooms.
3. The dry rot in the overhang.
4. Electrical outlet cover missing near the refrigerator.
MOTION - Ms. Wilkie made a motion to close the evidentiary portion of this hearing. The motion was seconded by Mr. Sheehan and unanimously voted 2-0.
Attorney Sullivan asked what else could be done regarding the septic system. Mr. Carbone replied that it had been 3 weeks in operation with no problem, so he would recommend that no Title V certification be required.
Attorney Sullivan stated that the missing outlet cover should be corrected, but if not it will be by tomorrow.
Attorney Sullivan stated that concerning the dry rot in the overhang, the overhang is going to be removed. An architect will prepare a plan to remove or fix it.
Attorney Sullivan stated that the bedroom window sizes are not under the jurisdiction of the Board of Health. Mr. Carbone stated that he is positive it falls under Chapter 2 of the State Sanitary Code. Attorney Sullivan stated that he can appeal the decision to the State Board of Health.
Attorney Zaroulis stated that under the CMR, rental property must be free of holes. He asked Mr. Carbone if there was penetration. Mr. Carbone replied yes. Mr. Carbone read Regulation 105 CMR 410.500. Attorney Sullivan agreed with that, but that the Board was discussing the windows.
Attorney Zaroulis stated that there was notification on May 24, 2002 to John D. Sullivan of nine items found by the Board of Health. Each item should be addressed and voted on. If both parties agree that the bedrooms existed prior to the law regarding the size of the windows, then that would not be an issue.
MOTION - Ms. Wilkie made a motion to enter a finding for Item #1: That the downstairs toilet had backed up and overflowed resulting in excrement and foul smelling water on the floor and back of the toilet, and that the washing machine hookup showed a backup with waste water, that the item has been corrected and no further action was required. The motion was seconded by Mr. Sheehan and unanimously voted 2-0.
MOTION - Ms. Wilkie made a motion to enter a finding for Item #2: That the downstairs toilet was loose on the base and had to be reset, that the item has been corrected and no further action was required. The motion was seconded by Mr. Sheehan and unanimously voted 2-0.
MOTION - Ms. Wilkie made a motion to enter a finding for Item #3: That there were floor tiles in the downstairs bathroom that had come loose due to the backup and overflow, that the item has been corrected and that no further action was required. The motion was seconded by Mr. Sheehan and unanimously voted 2-0.
MOTION - Ms. Wilkie made a motion to enter a finding for Item #4: That the carpet outside the downstairs bathroom was soaking wet and needed to be replaced, that the item has been corrected and no further action was required. The motion was seconded by Mr. Sheehan and unanimously voted 2-0.
MOTION - Ms. Wilkie made a motion to enter a finding for Item #5: That the washing machine drain line was vented inside the building when the code requires outside vents, that the drain has been capped and is no longer in use, and that no further action was required. The motion was seconded by Mr. Sheehan and unanimously voted 2-0.
MOTION - Ms. Wilkie made a motion to enter a finding for Item #6: That the pilot on the gas water heater was not staying lit, that the item has been corrected and that no further action was required. The motion was seconded by Mr. Sheehan and unanimously voted 2-0.
MOTION - Ms. Wilkie made a motion to enter a finding for Item #7: That the roof overhang over the back door showed dry rot and needs to be replaced, and that the applicant has 30 days to repair or remove the structure. The motion was seconded by Mr. Sheehan and unanimously voted 2-0.
MOTION - Ms. Wilkie made a motion to enter a finding for Item #8: That there are two bedrooms in the basement, that the windows only open at most to a 12-inch by 19-inch space and that the sills are at least 57 inches off the floor. The state building code requires the windows to open at least 20 inches by 24 inches and the sills to be no higher that 44 inches off the floor. The bedrooms were put downstairs post purchase in October 2000. The windows on the premises do not comply with building code for emergency egress. The Board of Health upholds the order and the property owner is mandated to meet all egress requirements within 60 days. The motion was seconded by Mr. Sheehan and unanimously voted 2-0.
Ms. Wilkie stated that the previous owners gave the floor plans from when they lived there, so Mr. Carbone’s decision will be upheld. Attorney Sullivan stated that he does not agree and will appeal this.
Ms. Wilkie stated she is concerned with the 13-year-old girl living in the basement. Ms. Wilkie requested that Mr. Carbone go to 320 Old Main Street and demonstrate the operation of the windows and how the girl could escape from the room. Mr. Carbone stated he does not want that responsibility, but will go and investigate it. Ms. Wilkie stated that if the windows cannot be open, then the child can not stay in that room. Mr. Carbone stated he would contact the Fire Department and work with them and the Raes to work on an escape route.
MOTION - Ms. Wilkie made a motion to enter a finding for Item #9: That there was a missing cover plate on the electrical plug near the refrigerator, and that the owner has until July 12, 2002 to fix this issue. The motion was seconded by Mr. Sheehan and unanimously voted 2-0.
MOTION - Ms. Wilkie made a motion to adjourn at approximately 5:45 PM. The motion was seconded by Mr. Sheehan and unanimously voted 2-0.