HomeMy WebLinkAbout0015 OAK NECK ROAD UNIT UNIT 1 - Health 15 OAK NECK ROAD
HYANNIS
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Town of Barnstable
Board of Health
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Mom• 200 Main Street, Hyannis MA 02601
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Office: 508-862-4644 Wayne Miller,M.D.
FAX: 508-790-6304 Paul Canniff,D.M.D.
Junichi Sawayanagi
BOARD OF HEALTH MEETING MINUTES
Tuesday, September 13, 2011 at 3:00 PM
Town Hall, Hearing Room, 2ND Floor
367 Main Street, Hyannis, MA
A regularly scheduled and duly posted meeting of the Barnstable Board of Health was held on Tuesday,
September 13,2011. The meeting was called to order at 3:00 pm by Chairman Wayne Miller,M.D. Also
attending were Board Members Paul J. Canniff,D.M.D and Junichi Sawayanagi. Thomas McKean, Director
of Public Health, and Sharon Crocker,Administrative Assistant,were also present.
I. Hearing — Housing / Pool:
James Connors, Esq., representing Donna LaRose, requesting a hearing for
Oak View Condominium Trust, Thomas Benton, Trustee, at Oak Neck Road,
Hyannis, pool violation — abandonment.
Attorney James Connors, Donna LaRose and Thomas Benton were present.
Attorney Connors read his letter to the Board into the minutes as requested:
Dear Board of Health:
Please be advised that I represent Ms. Donna LaRose who owns a condominium located in
Hyannis at Oak View.
The basis for the hearing request is as follows:
1) The swimming pool is in such a condition that it is a breeding ground for mosquitos which
bring with it West Nile Virus, Eastern Equine Encephalitis virus (EEE), and other health
hazards.
2) The swimming pool and surrounding facilities is an attractive nuisance, is a cause of foul
odors, and is a place where dead and decaying animals and other forms of detritus have
accumulated.
3) The swimming pool and surrounding facilities are a safety hazard to both people and
animals.
4) The building facilities have become a haven for chewing rodents and other wildlife that
are a safety concern, including a fire hazard to the residents at the condominium complex,
as well as causing a substantial health risk to its occupants.
I kindly ask that you schedule a hearing for August 23, 2011 at 3:00 pm.
Very truly yours,
James P. Connors
Attorney at Law
Page 1 of 6 BOH 9/13/11
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Mr. McKean stated a notice to abate was sent to the Condo Association. A letter in
response was received Thomas Benton, Condo Association Trustee who stated this
was handled at their June 26 Board meeting. A contractor, Arch Construction was
hired in early July and paid a $3,400 deposit to demolish the pool. This has been
verified and they are obtaining the necessary permits. The water and gas
companies have both documented (as of this am) that there are no lines in the way.
This will allow them to now receive the permits.
Mr. Connors mentioned the Condo Trust has dragged their feet in the past. Last
year-June 2010, the Board had also voted to demolish the pool. This is why they
have asked the town to step in. The Board discussed a 30-day allowance.
Robin Gararo who lives at the complex said the fence is not a tall fence and only has
screening on top of it and is a terrible sight.
Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board
voted to order (1) the swimming pool be removed and filled in by October 15, 2011
and (2) the fence around the pool will be fixed immediately so the pool is safely
secured and closed off. (Unanimously, voted in favor).