Board of Health hears disputes over sanitary-code violations, lack of heat at 88 Turnpike Road

The Southborough Board of Health held a virtual public hearing Monday to review an order to correct sanitary-code violations at 88 Turnpike Road after a health-agent inspection found multiple deficiencies.

"My inspection report kinda speaks for itself. I found, I believe, it was 19 violations," said Chris Craig, the Town of Southborough registered sanitarian and environmental health specialist, who said he conducted a comprehensive inspection on Oct. 20 and issued an order the following morning.

The hearing matters because the violations include heating and structural problems that affect habitability and, according to the inspection, some items had 24-hour remediation timelines set by state code. Craig told the board that, as of the hearing, he had not received invoices, contractor schedules or other proof that the violations had been remediated.

The unit—ntrant, identifying himself as occupant Kenneth Elsa of 88 Turnpike Road, told the board he remains in the First Floor unit, has paid rent through the date of the meeting and that interior temperatures had fallen to "49 degrees," forcing him to use portable heaters. "It's not safe. It's not healthy for anybody," Elsa said, describing a ceiling collapse earlier in June and work promised by the owner that he says was not completed.

A member of the public who identified himself as property owner Bob Heavey disputed portions of the inspection, questioned certain items such as required railings and said he is pursuing court action to remove the occupant and secure the property. Heavey told the board he believes repairs cannot proceed until he obtains court authority to lawfully exclude the occupant.

Craig said the owner must provide 48 hours dvance notice to enter a non-emergency unit to perform ordered repairs; absent consent or emergency conditions the owner may need court permission to enter. "The occupant, if he's here, will be able to say if he gave him permission to make the repairs," Craig said.

Board members and staff stressed the board oes not act as a landlord-tenant mediator; its role is to ensure the owner makes diligent progress to correct conditions that violate the sanitary code. The chair outlined two paths for the board: continue to monitor progress and ask the owner to give the occupant the required 48 hours ccess notice, or authorize the health agent and town counsel to file a civil complaint in housing court to force remediation.

Craig recommended the housing-court path given the number and nature of violations and the lapse of time since the inspection. The board did not take a formal vote during the hearing; members discussed next steps and requested follow-up on efforts to obtain access and to document any repairs.

The record of the hearing will be kept with the Board of Health. The health office indicated it will inform the board and the parties about any further filings with housing court or verification of repairs by the property owner.