HomeMy WebLinkAboutBOH Minutes 9/27/19997=C .
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( BOARD OF HEALTH MINUTES
SEPTEMBER 273 1999 c c, L,' 13
1
Members Present: Acting Chairman Ray Martin lPhil.Giangarraf, a avid Jones
Also Present: Health Agent, Scott Leite
1. CALL TO ODDER at 7:12PM by Acting Chairman Martin, Town Hall, 3`d Floor,
Committee Meeting Room
This item was Token out of order.
2. VISITORS
At 7.12PM Acting Chairman Martin called the public hearing to order to hear Mr. Michael
DiGioia, owner of 135 Church St., regarding the Order of Correction, dated September 7,
1999 for 135 Church St. Purpose of hearing is to determine if the order should be modified or
withdrawn.
Mr. DiGioia stated that the most recent order, dated September 7, 1999 is almost identical to
the last two orders dated January 7,1999 and August 25, 1998. The case was dismissed by
Health Agent at Housing Court and Building Department issued a building permit and signed
off that the items were repaired and met the building code
Health Agent responded that the items are similar in the three orders because these violations
are a reoccurrence due to inadequate repairs. Some items were dismissed due to the season,
i.e., screens during February , Wet, pressure treated himber was used on the outside stairway,
when, after drying out, caused the stairway to become unsafe. Leaks have reoccurred. Agent
addressed each item (19 in total) and explained how it was a new one or a reoccurrence.
Mr DiGioia replied that the tenant abused the apartment and that is why there are
reoccurrences. Also he felt that the inspections by the Agent were not done properly. He
reiterated that he received a sign -off from Health and Building Depts. Mr. DiGioia was not
informed about seasonal violations, was not told that the screens would have to be eventually
repaired, and received no other explanation.
Joyce Carlson and her husband, tenants, were present. She commented that she never used
those outside stairs because they were too dangerous to use. The hole in the attic was never
fixed properly because animals have re- entered- Leak in the roof is back. Light switch came
off in her hand when he went to turn on the light. Windows worked for about a month. The
ropes that make them go up and down are so old that they tear easily. Screens have ripped
since they were fixed. Toilet is leaking sewage into the basement. Was fixed but is back.
Page 2, Minutes, September 27,1999, Board of Health
Mr. DiGioia responded that if the stairs are unsafe, then the Health and Building Inspectors
never should have passed them. He also said that the Carlson have been evicted as of June
21, 1999. Lease is up. They haven't paid rent in five months. Chair cautioned that eviction
and rent are not topics for this hearing. Mr. DiGioia continued that the house must be vacant
in order to make the repairs properly. Some are extensive and house is 100 years old.
Tenant responded that they do not owe five months rent and wants that response in the
record.
Mr. DiGioia admitted that he has not been back to the house since the September order. He
has not seen the property and cannot attest that these items are false.
Chairman asked if the Carlson want to have the order modified or sustained. Her response
was sustained.
Chair closed hearing at 7:30PM and called for a motion
MOTION: To sustain the Order of Correction, dated September 7, 1999
for 135 Church St.
Jones/Giangarra. 3 -0 PASSED
Health Agent commented that if the landlord reffises to address the violations and requests a
hearing, then the hearing must be held within 15 days. That's why the hearing had to be held
so quickly. Agent will file a complaint in Housing Court against Mr. DiGioia this week.
3. CONSENT AGENDA
a. Approval of Minutes of September 9, 1999
b. Approval of DWI Permit:
Pisano General Contracting Corp., Dedham
Global Construction, Canton
MOTION: To approve Consent Agenda.
Giangarra/Jones. All in favor. 3 -0. PASSED
(Jones abstained from DWI Permits)
4. COMMNICATIONS
a. Tweeter Center Sound Reports, August 27h — Sept. 11, 1999
b. Copy letters to Gary Forget and David Jones from Chairwoman Board of
Selectmen, reminding them that their terms expire Jan. 1, 2000.
c. NMS August Monthly Report
Page 3, Minutes, September 27, 1999, Board of Health
5. HEALTH AGENT'S REPORT
a. Troy, 171 Ware St.: Mrs. Troy went against the Court and without the
knowledge of the receiver, rented two apartments. Mrs. Troy has a new attorney,
since Mr. Troy, former attorney, passed away. Atty. Hannon addressed the Court
for permission to allow the receiver to mortgage this property. The Court denied
request. Attorney Joe Hannon will file the motion with the same request. Mrs.
Troy will pay for the Town's legal expenses, which are now at approximately
$10,000.
Also, Mrs. Troy and Ralph Maloon, RIM Engineering, went before the Board of
Selectmen as Sewer Commissioners and asked for their support to approve an
easement through town property and subsequently for the sewer extension. Based
on the Town Engineer's recommendation, the Board denied the request. Agent
was surprised that she went ahead with her engineer rather than waiting to get her
team together to support her at the Selectmen's meeting. There could have been
conditions placed on the sewer extension approval.
b. Air Conditioner @ Town Hall: A letter has been sent to the Town Manager with
the Board's vote. Member Giangarra requested copies of correspondence related
( to this matter.
c. GIS: Responses to RFPs are in and being reviewed. Moving forward.
d. Flu Clinic: October 8h and 18'h at Library Community Room.
6. OLD BUSINESS
7. NEW BUSINESS
8. ADJOURNMENT
MOTION: To adjourn at 7:50 PM.
GiangarralJones 3 -0 PASSED
Respectfully submitted,
Dianne Royle, Recording Secretary
NEXT MEETING: THURS, NOV. 4TH, 2ND Floor
IF UNABLE TO ATTEND, PLEASE CALL.
THANKS. 261 -7366.
Date
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