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HomeMy WebLinkAbout2001 Apr, May - BOH Meeting Agenda, Minutes, Info; Ravenswood LettersVC,U-e rL5w0ocX TOWN OF YARMOUTH 1146 ROUTE 28 SOUTH YARMOUTH MASSACHUSETTS 02664-4451 Telephone (508) 398-2231, Ext. 241 — Fax (508) 398-2365 BOARD OF HEALTH BOARD OF HEALTH MEETING AGENDA Monday, April 23, 2001 3:00 PM Yarmouth Town Hall Hearing Room 1146 Route 28 South Yarmouth MA 02664 1. Approval of Minutes 2. Hearing 3:15 PM Board of Health Meeting ��►�tv rf �� April 2, 2001 Variance Reauest — 78 Pheasant Cove Circle Yarmouth Port Construction of New House and Septic System Town of Yarmouth Regulation, Section 3.7: Distance and Location of Disposal Facilities, Leaching Facility to Wetlands, Drain Pipe to Wetlands, 90' Proposed, 10' Variance Requested, Reserve Area to Wetlands, 56' Proposed, 44' Variance Requested 3. Hearing 3:45 PM . �,D Cavalier Motor Lodge 881 Route 28 South Yarmouth u Ongoing Trash Complaints r"... W- 1. 4. Hearing 4:00 PM 6/8 Reindeer Lane South Yarmouth b Failure to Comply with Town of Yarmouth Rental�i� Registration By -Law, 2000 and 2001 5. Hearing 4:10 PM 547 Route 28, West Yarmouth Ongoing Trash Complaint 6. Variance 4:15 PM Condominium Swimming Pool Regulations Request Variance from Town of Yarmouth Swimming Pool Regulations, Safety Training Program, Supplement to 105 CMR 435.000, Minimum Standards for Swimming Pools, State Sanitary Code, Chapter V A. Blue Rock Heights Association 4f; P B. Yarmouth Gardens (qV C. Deb's Hill Condominium Association Aq Page 1 of 2 Printed on Recycled �. Paper would be removed in 10 days. This has not been done. The owner, Roopesh Ghandi, also did not attend an administrative hearing that was scheduled with the Health Director to discuss these violations. There is a lack of cooperation by Mr. Ghandi with the department in responding to these violations. Mr. Ghandi stated that residents of the area were throwing the trash onto his property. He was told by the Health Director that he needs to establish a schedule with BFI for regular and frequent trash pickup. If he calls only when the dumpster is full, BFI might not be able to come on that day and the trash will then blow around the area. Mr. Kelliher asked Mr. Ghandi if he thought he could have the trash issues settled within two weeks. Mr. Ghandi replied that he could. IV. Hearina-6/8 Reindeer Lane, West Yarmouth -Failure to Comply with Town of Yarmouth Rental Registration Bylaw, 2000 and 2001 The owner of the property was not present. The department may pursue legal action. Mr. Kelliher asked if there was a fine that could be imposed. Housing Inspector Brian Heaslip advised that the owner could be fined up to $200.00 for failing to register the rental property. V. Hearing-547 Route 28, West Yarmouth -Ongoing Trash Complaint The Health Director advised that the owner had not picked up the certified letter that was mailed notifying him of this meeting. He was asked to have the Planet Aid box removed as there has been considerable trash around the box. The trash is blowing into the bushes and surrounding area. There are also two television sets next to the box. Corey Kittila advised that pick up at the Planet Aid box was increased but there seems to be more trash than donations being left now. The Health Director advised that the department would proceed with other action available regarding the two issues. VI. Hearina-Variance Recruests, Condominium Swimming Pool Reaulations The Health Director advised that the variance that the Board had granted to Blue Rock Heights Association in conjunction with the operation of their pool had Page 4 of 7 worked well for the past several years. He had inquires from Yarmouth Gardens and Deb's Hill regarding a variance for the operation of their pools. Health Inspector Peter Gray advised that the state code does not provide for the type of semi -private pools that the applicants have. The state code categorizes pools as either public or semi-public. He had contacted other towns to inquire if they had similar situations but no one else did. A. Blue Rock Heights Association John Mullen advised that their pool is open from 10:00 AM -12:00 PM, 2:00 — 4:00 PM and 7:00 —9:00 PM. The pool building is locked after those times. He felt that the variance, had worked well. He stated that pool monitors are association members who are onsite during pool hours. They have authority to remove anyone not obeying the pool rules. The monitors are being trained on how to do pool testing. B. Yarmouth Gardens Bob McDonald advised that their clubhouse, which is one side of a duplex, and pool gate are locked. The residents have a key to those areas which cannot be duplicated. The clubhouse and pool are open from 9:00 AM — 7:00 PM but the key is needed to enter the facility. First aid equipment and a telephone are located in the clubhouse. Because of the senior age of the population at the complex, it would be a hardship to have a monitoring program like the Blue Rock Heights Association has. MOTION: (Charles Kelliher) To grant the variance to Yarmouth Gardens based on the written proposal that was submitted with the addition that anyone 18 and under must be accompanied by an adult. SECONDED: Robert Brown Discussion: None Vote: Unanimous C. Deb's Hill Condominium Association The pool is an outdoor pool to which access will be gained only by a keypad or key. The Health Director asked about the number of units at the complex. Vern Striebel advised that there were 102 units but only one unit was occupied by a family with children. Page 5 of 7 Dick Lynch estimated that no more than 40 percent of the residents use the pool. Some residents have volunteered to act as pool monitors. Mr. Kelliher stated that he thought there should be monitors. The Director stated that this pool is located a far distance from the condos and he had a concern if there weren't monitors at the pool. No one would know who was using the pool or what was going on. There could be a lot of unsupervised children. The Health Director recommended revising the proposal that was submitted to include having pool monitors or attendants and the age for use of the pool without adult supervision be raised from 16 to 18. MOTION: (Charles Kelliher) To grant the variance subject to the receipt of a revised letter including the recommendations of the Health Director. SECONDED: Robert Brown Discussion: None Vote: Unanimous VII, Hearing -Septic System Repairs, Rodger E. Roberts, Installer Rodger Roberts faxed a letter dated April 20, 2001 to the Board advising them that he would not be able to attend the meeting because of previous commitments that he could not cancel. David McKee, owner of 236 South Sea Avenue, advised that he had hired Mr. Roberts to install a new septic system on the advice of his real estate agent. Mr. McKee stated that the price that Mr. Roberts quoted him for the installation also included engineering services. He gave Mr. Roberts a deposit and he was assured that the septic system would be installed in time for the scheduled real estate closing. When the date for starting the installation passed, Mr. McKee tried to contact Mr. Roberts to find out when the work would start. He did not get any responses to his many calls. Mr. McKee then contacted Sean Enright who was one of the septic installers who had given Mr. McKee a bid for the job. Mr. Enright was now in the process of installing the septic system for Mr. McKee. Mr. McKee advised the Board that he intended to take Mr. Roberts to court to recover the deposit for the job that Mr. Roberts never started. Mr. Kelliher stated that he would like to make a motion to suspend Mr. Robert's installer's license. The Health Director stated that the Board should send a certified letter to Mr. Roberts advising him that a show cause hearing is being scheduled for the next Board meeting. Page 6 of 7 �aVeu� swood a division of CHARLES WHITE MANAGEMENT CO. May 20, 2002 Mr. Bruce Murphy Board of Health Yarmouth Town Hall Yarmouth, MA RE: Ravenswood Pool Dear Mr. Murphy, 330 COMMONWEALTH AVENUE BOSTON, MASS. 02115 617 — 267-1283 MAY 2 4 2002 HEALTH DEPT. It is respectfully requested by theofficers and Board Directors of Ravenswood Properties that the regulations requiring pool attendants to be certified in CPR, WSI, and First Aid be waived for the operation of the outdoor pool located at 345 Camp Street in West Yarmouth. The reason for this request is the following: 1. Security at the pool is very tight. Only tenants of Ravenswood and their guest are issued keys and permitted use of the pool. 2. All children under the age of 16 must be accompanied by an adult of 18, who must remain during the child's stay at the pool. 3. This pool is more akin in its operation to a private, residential pool than it is to a motel or condominium pool. There are approximately 65 residents. 4. During the week the pool is usually empty. On a good hot weekend there could be 8-12 people at the pool. 5. The resident property manager who is a certified pool operator occupies the Clubhouse. In addition to Doug Carlson ( property manager) his wife, Cheryl is also a certified pool operator. 6. Ravenswood Properties maintain the pool weekly and buy the chemicals necessary for thepool. Ravenswood is responsible for testing the pool chemicals on a daily basis. Ravenswood property manager, Doug Carlson, will conduct all the required weekly inspections. All required safety, rescue and first aid equipment is located in the pool area as well as posters and notices concerning safety measures. Your consideration is greatly appreciated in this matter. Thank you. Sincerely, %, w Ang elo Grasso av �swood a division of CHARLES WHITE MANAGEMENT CO. 330 COMMONWEALTH AVENUE BOSTON, MASS. 02115 May 12, 2001 617 — 267-1283 Town of Yarmouth . . Board of Health ATTN: Mr. Murphy MAY 16 2001 Dear Mr. Murphy, HEALTH DEPT. As per request, our revised letter for a variance request is as follows: It is respectfully requested by the officers and Board of Directors of Ravenswood Condominiums that the local regulations requiring pool attendants be certified in CPR, Water Safety and First Aid be waived for the operation of our outdoor pool located at 345 Camp Street, W. Yarmouth, MA. The reasons for said request is as follows: 1. Security at the pool is tight. Only tenants of Ravenswood are are issued non-duplicatable keys for the pool. Residents and guests are the only ones permitted to use the pool. 2. Any user of the pool under 18 must be accompanied by an adult and that adult must remain at poolside during the minor's use of the pool. 3. Our pool is more akin in operation to a private residential pool Than to a motel pool or semi-public pool. There are approx- imately 90 residence. 4. During the week, the pool has very low usage with a good week- end usually having 15 residence and guests. 5. The clubhouse is occupied by the manager, Doug Carlsen, who along with his wife Cheryl is a CPO. 6. Ravenswood maintains the weekly and daily operation of the Pool. Chemical standards are followed per regulation. 7. All other regulations regarding pool safety and health are enforced. 8. The pool closes at 5P.M. and is secured and chained at that time and all other times when not in use. Thank you for your consideration of our request which will help us during the summer season while still maintaining the health and safety at our pool. Sincerely Yours Douglas Carlsen, Manager