HomeMy WebLinkAbout2011-11-3Minutes for November 3, 2011, adopted Oct. 15, 2015
BOARD OF HEALTH
Town of Nantucket
37 Washington Street
Nantucket, Massachusetts 02554 R E C EE ! V E D
www.nantucket- ma.gov ff jj ((T�� ��}}��
Commissioners: Patricia Roggeveen (Chair) Malcolm MacNab, MD, PHD, (Vice chair), James Cooper,�Hele a -Weld; RN, St ph.nrilis"
Staff: Mark Voigt, James Grieder, Ann Medina Y
—MINUTES
November 3, 2011
4 Fairgrounds Road, First -floor Conference Room — 4:00 pm
All or a portion of this meeting is being recorded.
If you plan to record this meeting yourself, please check with the chairman of the board before you begin.
Called to order at 4:00 p.m. Staff in attendance: Richard Ray, Art Crowley
Attending Members: Patricia Roggeveen (Chair); Malcolm MacNab, MD, PHD; James Cooper; Helene
Weld, RN; Stephen Visco
Absent Members:
unanimous consent
Sitting Roggeveen, MacNab, Weld, Visco
Recused Cooper
Staff Ray – Mid -May 2011 Health & Fire responded to 40 Macy Lane on a complaint of
Presentation individuals in the house passed out. What was found was carbon monoxide poisoning
from a faulty furnace. Once the Health Department got there, what we determined
was that the basement portion of the structure was used for sleeping and human
habitation. Checking with the building department files, it became obvious this was
not a permitted activity in the basement of this particular structure for any number of
reasons. What we found was pursuant to our recent inspection. We asked that people
to vacate basement portion of the property, which did occur with the beginning of
summer. We placed a partial condemnation emergency placard on the building with
the proviso that it would be removed when the furnace was repaired and there was a
guarantee of no occupancy in an over -night basis in the basement area.
Recently we had a complaint concerning the occupancy of the basement again The
Health Department and the Building Department visited the property. We did find
substantial evidence of bedroom usage in the basement building and a re -use of the
basement for human habitation.
To this end, we are requesting a partial condemnation order with respect to
105CMR410 with the Human Habitation Code of the State of Massachusetts for the
following reasons: Insufficient natural lighting in all rooms used for sleeping,
insufficient natural lighting in all rooms used for occupancy. If you are going to
provide a sleeping room, you have to provide a full window and not a small basement
window prevalent on many houses on Nantucket.
Owner requirements for maintenance, we found smoke detectors were not connected,
there were no handrails on any of the stairways entrances out of the building
particularly the rear one, egress issues on railings and stairways.
Asking for partial condemnation of the basement portion of the building until the
Building Code and the Health Code are satisfied with regard to the human habitation
requirements as stated in the Massachusetts State Code 105CMR410.
Page 1 of 3
Minutes for November 3, 2011, adopted Oct. 15, 2015
Owner Rodale Lemus, for owner Marcus Tejada et al — We own the place. The people there
had a place to rent at the end of October, and they were there only a month because
they were leaving. I told them the apartment wasn't legal. They agreed to it. One
person hasn't found a place to live. (Ray — They must leave immediately. If the
Board decides on these partial condemnation orders, they will be required to leave
immediately.)
Will have a plan to work with Building Department
Public No comment
Close Hearing Roggeveen — Closing the public hearing portion of the meeting at 4:09 p.m.
Discussion Mike MacDougall, Director Fire department — How will it be policed.
Ray — There was some concern about the Health Department actually, physically
locking the basement structure. However, that is not an option for us; because we
assume responsibility for the building if we do that. We will place a placard on rear
portion of the entryway for that basement noting a partial condemnation unfit for
human habitation and it will be dated and in a weather -tight format. It will be placed
on the bulkhead doors. And we will, because it is an open violation at this point that
has not been corrected to the Building Department, we have the authority to go in at
any reasonable time to ascertain occupancy of the basement. If the basement situation
has not been rectified with the Building Department, we will go back much sooner
than Spring (2012) and will do a cursory inspection; we will ask the individuals on
the first floor if we may indeed walk into the 2nd (basement) floor; we will go in
through the back door and ascertain if anyone is living in the basement; and if there
is, criminal action will then occur. If not, it is a status quo.
Roggeveen — This can rise to the level of criminal action?
Ray — Yes it can.
Weld — Have the owners indicated any indication to correct these? Is there a plan in
place?
Ray — I would refer to the Building Department. Is there an application to correct?
Steve Butler, Director Building Department — I do have an application for them to
fill out.
Ray — We are not interested in overly penalizing people. We want to see the situation
corrected. That is the goal of the Health Department.
Butler — Owner had a permit in 2007 to finish the space, to put in a living area down
there, a bathroom, two offices, and a storeroom. And the received Certificate of
Occupancy for those uses. The problem was during the event in March, was that they
were using it as separate apartment and using the offices and storage room as
sleeping rooms. They were in violation of the building code because they didn't have
emergency egress windows. Those rooms did comply for original uses; but a sleeping
room has a higher standard; and Health Code and Building Code difer requirements
for natural light and natural ventilation and they can be compensated for under the
Building Code with mechanical devices.
Ray — They cannot be compensated for by mechanical devices under the Health
Code. They need the larger windows.
Butler — The main violation, if they choose to cure the situation under the Building
Code for the purposes of habitation, sleeping in those rooms, they will have to put in
three egress - compliant windows and proper smoke detectors and carbon monoxide
detectors. So they could use those spaces as a single - family dwelling or sleeping
spaces just by the installation of the egress windows and detectors.
Page 2 of 3
Minutes for November 3, 2011, adopted Oct. 15, 2015
Ray — We actually have the additional regulation that denotes a basement in which
over 50 percent of its wall height is below grade, is unfit for occupancy/human
habitation. We did find a de- humidifier in the kitchen area which denotes to us a
moisture problem.
No other questions
Action Motion to Approve partial condemnation. (made by: McNab) seconded.
Vote Unanimously
Motion to Adjourn: 4:15 p.m.
Submitted by:
Terry L. Norton
Page 3 of 3