Board of Health upholds correction order for finished space at 41 Pond View Drive

The Oak Bluffs Board of Health voted unanimously on June 16 to uphold the health agent’s correction order for 41 Pond View Drive, requiring the disputed upper/garage space to be returned to unfinished storage status. William White moved to uphold the order and Dr. James Butterick seconded; the motion passed with all in favor.

Health Agent Alexa Arieta presented the documentation supporting the order and said the space was judged habitable under Title 5 based on room size, ceiling height, electrical service, ventilation, and window presence. Building Commissioner Adam Petkus told the board he observed finished flooring, walls, electrical service, and heating, which he said qualified the area as habitable. The minutes state, "The space must be returned to unfinished storage status without insulation, sheetrock, or heating beyond what was originally permitted." The board clarified Title 5 enforcement concerns septic/bedroom counts and not business licensing or zoning.

Board members discussed deed restrictions limiting bedrooms to four and potential compliance options for the owner, including removing an existing bedroom or applying for an accessory dwelling unit (ADU) with engineered septic approval. The record notes there is no running water or plumbing in the garage or upper space, and that insulation and drywall upgrades require building permits that likely would be denied because the property is in a nitrogen-sensitive Zone 2.

The board’s action mandates that any future finishing of the space requires Board of Health approval alongside building permits. The minutes record the owner’s long-term residency and low septic impact but emphasize strict code enforcement to protect public health. The meeting minutes state that the owner may seek a written determination from the board in the future if circumstances change.