Good afternoon. Welcome to the board of health meeting of December 1st, 2025. Pursuant to Governor Healey's March 29th, 2023 signing of the Acts of 2023, extending certain CO 19 measures adopted during the state of emergency,
suspending certain provisions of the open meeting law until June 30th, 2027. This meeting of the Cadam Board of Health is being conducted in person and via remote participation. Every effort will be made to ensure that the public can adequately access the proceedings as
provided for in the order. A reminder that persons who would like to listen to this meeting while in progress may do so by calling the phone number 508-945-4410 conference ID 232434307 pound or join the meeting online via Microsoft Teams through the link in the
posted agenda. While this is a live broadcast simoc cast on Chattam TV Xfinity channel 1072, despite our best efforts, we may not be able to provide real-time access. We will post a record of the meeting on the town's website as soon as possible. I'll turn the meeting
over to our chairman, Dr. Noble Hansen. >> Thank you. It shall be the policy of this board to conduct its meetings under the open meetings laws so as to encourage public participation whenever time permits and as part of agenda item discussions. So today we have u one uh
item on the agenda with two parts really but first we'll establish a quorum and when I call your name please say present. Carol Boyce >> here. >> John Beckley >> here. >> Ron Bowman >> here. >> Joanna Kale >> present. >> Uh Noble Hansen present. So, we have a
quorum and uh first well the the agenda item is um violations of short-term rental regulations of non-compliance of registration for first uh 98 Main Street, Christopher Lewine and six
Warren Street W. David Gitner. So, I guess we'll take each at a time and we have uh Karen here, Shimaza, to talk about um what is going on with uh these two. We'll take uh 989 89 Main Street
first. >> Both of these properties had previously registered as a rental um for the 2024 season. Um they have not yet renewed. Um, their listings are still
active and they have not responded despite outreach. >> When was their due date? >> I mean, technically March 1st of 2025. >> March. This past March was when they were due to renew. >> They haven't yet.
>> Correct. >> And it's November. >> Correct. >> December, actually. >> Yeah. December. Yeah. >> Um, and then how again it's always up. How have you attempted to contact them? Have you talked to them directly or sent certified letters or how's that?
>> I haven't talked to them directly. So, as part of the renewal process, they should have received emails from our software prompting them to renew. I've also emailed them directly at the email address they provide and I did that in
April and then I reached out again through the portal in there August September for >> no response >> no response >> and then I've sent the board of health
letter and an email reminder on the 24th >> and how was that letter sent again? the board of health letter. >> It's both sent in certified and regular mail. >> And then so do you do you get back evidence of whether they received it or didn't receive? >> So I can go online. Um they've not received the certified letter. They're
both being returned. Yeah. They >> may have accept they may have received it but they haven't ex acknowledged it and resigned anything and returned. >> Yeah. So the certified they did not accept the letter which means we wouldn't get notification and it's been
at the post office and is being returned. The non-certified has not been returned. So that was regular mail left. Yeah. >> Did not come back. >> Did not come back. >> So is there a way to know if they've actually received the notice in hand to read by letter? No.
>> I think >> you can make the legal assumption that if the non-sort of regular mail has not been returned that they have received it. >> Okay. >> And that's what we've done before other that's our way we handle it. >> Can I ask quick? >> Yes. E do either of them use a rental
agent? >> No. >> So there's no they're just rented by owner. >> Yes. >> On I think Airbnb. >> And so they both paid their registration fee and registered first time around. >> Correct. >> And then do we know if they're currently
um did you say currently um listed for rent? >> Yes. >> Both of them are >> both have active listings. >> Both of them are. Yeah. >> It's it's peculiar that they would rent. I mean, they would register once and
then so they know they need to and then they just mysteriously don't renew and we never hear anything back from them. >> I would say both of these properties were also out of compliance with occupancy at the end of the 24 season.
So, >> okay. >> Um, >> occupancy by >> much. >> Yes. >> By by complaints. Um, no that they had they're advertising over the allowed occupancy. >> Right. >> And then since they've registered once,
you you have their official residence of record in their first application. >> I've have where they've requested Yeah. >> contact to go to. Yes. >> So here's the question I have. Clearly, we
have a a violation, an ongoing violation in that they continue to not renew. The other hand, we also know that they went through another season of rentals the summer of 2025.
Were they exceeding the occupancy and making extra revenue all during that time as well? It's kind of a delicate line. Um, I can only speak to what they are advertising because I don't actually
know that >> you don't know the contracts they signed, but they were positioning themselves to accept >> extra above allowable amounts of revenue >> for I'm looking at their Airbnb for 9.89 and
they're showing four bedrooms and they're listed as three. Correct. So, >> and I I guess I should say I have not gone back to the sewer department to see if they got that fourth bedroom approved. Last year, I had spoken with
the homeowner about that process. >> Okay. So, that may be it may be okay for that. I can check on that. Well, I'm perfectly comfortable proceeding with [clears throat] the first batch of uh notices of violation and penalty assessments. I
don't know what other board members think. I think it's time to proceed and and do so until we hear from them and and then take take it from there.
>> Um I would agree. But then also then what what how do you communicate the results of this meeting if we move forward? Do you send them another certified registered? >> So I certified regular mail and then I email them a copy. >> Right. Okay. And that's legally we're
notifying them and we have their address from their previous registration and all >> and they will receive in the mail copies of violation assessments of penalty assessments. >> Yes. So I normally send a letter with an exclam like the decision letter and the
tickets the first time and then just tickets moving forward. >> Do you generally batch them or do them on >> every couple days? >> Every several days another another group. >> Yes. >> Okay. >> And then we usually decide at what date the fines will start. It's usually the
day after the meeting. >> That's what it's been in the past, I think. Yep. >> Yeah. And then what we've done be what we established before is then they can come to a hearing and we can
discuss what the fines are and what the situation is and what their problem is and make our own decision from there. >> Yeah. >> Yeah. But the point is they're they're continuing. We don't I'm thinking in my mind, what if something happened to one
of the owners and you know they got sick or they whatever. >> It could it could be it could very well be there could it's possible there's an extraordinary explanation for what's happened. It's possible. Mhm. >> But somehow through whatever process they
find out or their estate finds out or and and then they come before us and we have a hearing and review everything at our discretion, we can adjust the fines that have built up or or make a decision that's reasonable. >> Do we know by reviewing the evidence
how many weeks they actually rented? Do we have any way of knowing that? >> I mean, I'm looking on 989 on Airbnb. They rented it in October. >> Okay. >> September. >> Okay. >> Um you can look back. I mean it's not too long.
>> Okay. So they've been attentive enough and and well enough. >> The reviews are in those for those dates. >> Okay. >> Um >> that's all I needed to hear. >> And so on on an Airbnb the response is by email. Is that how a a potential client gets back to the to the owner?
>> I believe so. I I message the owner directly. I have friends that have Airbnbs and they have an app and it all the messaging goes through the air. >> So you don't use that. You go through the mail and do it to their Yeah. >> Because if we use that, it comes from us personally, not from the town.
>> Yes. I have their email address. >> Okay. >> Okay. So I I think it's Yeah. So um saying the fines will begin, they'll begin tomorrow and then sending out another notification. And uh I think so far, >> you know, that sort of gets people to
respond >> um one way or the other. And is there anything else we need to think about on these two? >> I'll make a I'll make a motion that we proceed with the commencement of uh penalty assessments. I'll second
>> regarding 989 M main Street >> and and to continue to do so into >> Do you want to do both at the same time or >> We haven't discussed the second one now. Oh, you mean in the motion >> or or >> I don't care. >> Yeah, I don't know if it's any different
that the second one is. No, we've kind of been talking and I just happen to look up the first one, but >> So, >> yeah. >> You want to give us a a quick sketch of six six Warren Street? Um it's a similar situation. Um some of the dates are
different as to when I reached out but >> but these are people who also registered in 2024 but didn't this year and you've gone through your normal communications. >> You have evidence that they are renting actively. >> Yep. Their listing is still
>> up and to rent. I haven't heard from them and they I believe have active like reviews for the past year. So >> Okay. And they've not responded to any of the notices. >> No. >> And and the mailed and o the mailed
letter did not come back. >> No. >> Okay. So, it is identical. >> Mhm. >> Pretty much. >> This one's on >> I emailed them on a different day. >> Well, I'll make I'll revise my motion and make a motion that both properties
be uh start receiving notices of of assess penalty assessment uh beginning uh tomorrow. and and into the future until such time that they come into compliance. >> And then our penalty is $200 per day.
>> $200 per day. >> Okay. >> Second. >> In a second. All right. Uh any input from uh online or anybody? There's no one in the attendance here. >> No, there's no one online either.
>> So, they were notified of the hearings and >> Yeah. >> given the link. Yeah. >> Which is why the meeting was set up by Karen what, two, three weeks ago. >> You were invited to come tonight. >> Yep. >> Oh. >> Oh, of course. I mean, >> and they have
ignored it, I guess. >> We haven't got much luck. We haven't had much luck with people coming to these hearings, but >> Well, we have had luck with compliance once the fines started. >> Yes, we have. Yep. >> You've got to follow the process, though. >> And we have adjusted the fines, I think, most of the time, depending on the
situation. Okay. So, um we have the motion and I'll go through the roll call and if you agree with the motion, say yes. Carol Boyce, >> yes. >> John Beckley, >> yes. >> Ron Bowman, >> yes. >> Joanna Kale, >> yes. >> Noble Hansen, yes. So, uh we will start those things.
>> Thank you, Karen. >> Thank you very much. >> That's good. A lot of work. >> All right. So, um that's our agenda there. um public comments and future agenda items items request.
>> So I guess oh we could >> I could just um update you again um on the bedroom definition um regulation. So I did meet with town council. He he said we can do whatever
we want to do basically. He had made a suggestion that we could take all three regulations and combine them into one. That would take a lot of work on, you know, >> on his part. >> No. Well, on our on our part. Um,
>> just to combine them all and make, you know, it wouldn't be something that would get done for a few months anyways. Um, so >> or you could put a reference in all three and then refer to. So that's one. I I think the easiest thing to do at
this point would put a reference in the other the nitrogen loading rig and surface sewage and then say strike out the bedroom definition and then refer to the regulation. >> Um so in order for us to do that I have
to um set up a public hearing for that as well. Okay. So, we'll have our next public hearing on the 15th and then maybe the next meeting after that, we'll do the other two and then we'll set a date for it all to go into effect at the same time.
>> So, so 12:15 we'll approve the bedroom definition that we did before >> as long as we don't get any bad feedback. >> Um, and then that'll be like an addendum to the regulations. >> Yes. >> And then you'll set up another hearing where we'll go back and amend the current >> other two regulations. Yep.
>> Other other two. Yeah. Right. U which is going to be easy to do. I'll just strike out the definition and add >> the new reference >> reference to the new >> see such and such for >> but he didn't have any issue with with that at all. He he said as long as they
know where to go um to find out because otherwise if we don't do that then they they won't have a definition right that's accurate. So >> right. >> So that's that would be so that will be in an upcoming meeting. Um, >> yeah.
>> Okay, good. And then, um, we could have brought it up as part of the, uh, these violations, but, uh, did we get a, uh, a response from the last, uh, violation that we handled when we began fines?
>> She, the last one has been resolved. Um, but I believe they may come back for a request to reduce the fines. >> Right. So that's we got the last one the only outstanding one the last one >> they have made contact >> and uh so that's being worked out and
>> yeah so I don't know if it's official >> they can request a hearing and and we can discuss whether we do something make a change to the accumulated fines >> right >> yeah which is fine we we've done that too >> so that's that's where we're at with that
>> okay uh good any agenda item requests or Other comments from the board. >> Okay, good. And the next meeting I think will be busy I hear >> will be when? >> December 15th. >> December 15th. Okay. >> And then we have uh minutes of November
17th. Um >> I'll make a motion we accept the draft minutes from November 17th, 2025. >> Second. >> Second. >> Okay. And then I'll take a roll call to approve them. Uh Carol Boyce,
>> yes. >> John Beckley, >> yes. >> John Broman, >> yes. >> Joanna Kale, >> yes. >> Hansen, yes. Okay, so they're approved and then I think we can set a record and adjourn our meeting. Have I got a motion? >> I'll make a motion. Will you adjourn?
>> I'll second. >> I'll take a roll call vote. Carol Voyce, yes. John Beckley, yes. >> Broman, [laughter] >> yes. Noble Hansen. Yes. Okay. >> We covered