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Dennis Board of Health directs letter, warns of condemnation after repeated noncompliance; multiple show‑cause cases continued

Dennis Board of Health · September 12, 2024
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Summary

The Dennis Board of Health voted to direct the health director to summon the owner of 26 Lone Tree Road to appear or face property condemnation, and continued several show‑cause hearings for failing septic systems and nuisance properties while ordering engineering reports or repairs.

The Dennis Board of Health on Sept. 10 moved to require the owner of 26 Lone Tree Road to appear before the board and authorized the health director to send a letter warning that “if he does not appear, we will condemn his property,” a motion put by a board member and approved 4–1.

Board members told staff the property has a long history of noncompliance and said stronger enforcement is needed when owners fail repeatedly to meet maintenance‑agreement and Title 5 testing obligations. Committee member (speaker 3) made the motion that the board “direct the health director to send a letter to the owner of 26 Lone Tree Road… stating that the board requests his presence before the board … and that if he does not appear, we will condemn his property.” The board recorded the outcome as a 4–1 vote.

The board also handled a string of show‑cause and noncompliance matters, with similar procedural outcomes: continuances while inspectors, engineers or owners supply reports, and warnings that absent owners may face court or condemnation.

At 37 Hall Street, William Ashmore, representing SAO Family Trust, told the board the property had two dwellings and a complex title‑5 history; the board found the main house system required repair and allowed 30 days for the owner to submit plans and report progress, while finding the cottage system in failure and requiring a new design and no occupancy until the cottage system is fixed. Ashmore said the trust had discovered a broken pipe and a functioning tank that nonetheless required targeted repairs and redesign work; the board unanimously approved the 30‑day return date for the main house and the requirement that the cottage remain unoccupied until a compliant system is installed.

Other items were continued to allow owners or their agents time to secure engineering reports or permits: the board continued hearings on 411 Upper County Road and 19 Main Street pending independent engineering inspections; it continued a hearing for 27th Road Drive and ordered the owner or an agent to appear at the next meeting or face condemnation; and it continued several matters to the October agenda where applicants or new buyers are preparing plans. In multiple cases staff cited access issues, tenants refusing entry or backlog among engineers as reasons for delay.

The board emphasized process distinctions: continuances or permit filings allow repair work to proceed without immediate court action, but repeated failure to communicate or appear may prompt formal enforcement such as court referral or condemnation.

The board closed the enforcement items with instructions to staff to send formal notices where required and to schedule follow‑ups on the October agenda.