Board of Health

Easthampton Board of Health Meeting Minutes November 9, 2020 50 Payson Ave., Easthampton, MA 01027 PRESENT: Maggie Hebert (MH); Jennifer Lesperance (JL): Aimee Petrosky (AP); Bri Eichstaedt (BE), Health Agent. Also present Josh Kudo (JK) and Crystaleigh Briggs-Salter. Meeting held on Zoom and recorded. Motion to open A motion to open the meeting at 4:05 PM. was made by MH and seconded by AP. All in favor – 3, Opposed – 0. Public Speak Time: None ● Hearing Request by Josh Kudo re: Tiny Home located at 24 First Ave.: BE gave a brief overview of the situation at 24 First Ave. An anonymous complaint was received by the Department of Environmental Protection concerning occupancy of an unpermitted tiny house. JK lives in a rental space at the primary structure but has added an additional structure, deemed a tiny house. BE explained that building of tiny homes has exploded in popularity and health agents have received some training in this area. JK discussed the cease-and-desist order letter he received. His concerns were that the structure was on a trailer and is portable and did this apply to building codes. JK also questioned the meaning of the comment in the letter stating statutory remedies. JK is looking to make legislation to make time homes possible. BE explained that while there are building codes and housing codes, there was some overlap in the housing codes and the structure has housing codes issues that need to be addressed, second egress being one. BE also pointed out that the housing code addresses temporary housing which a portable structure would be qualified as but must be approved prior to set up but is only for 30 days. In addition, while the BOH does not enforce zoning issues, there would be zoning issues before this could be approved as well. BE explained that the state is in the process of adding a section to the housing code, but it is not completed yet. BE corrected JK on the cease and desist being in violation of the housing sanitary code and not the building code. JK asked that since the structure was on a trailer and like a commercially available RV, would these codes still apply? AP replied that that would be temporary housing and a permit would be needed and valid for 30 days. AP gave the example of a fire displacing the occupants and a temporary home is needed while the existing one is rebuilt. JK stated that he is not living in the structure. He questioned if it was legal to have the trailer parked where it was. BE clarified that parking the structure in its current location was a zoning issue, not a BOH issue. As to occupying the structure, BE again, stated that the state has not caught up with tiny homes and that in her opinion it would be some time before it does. BE also stated that once it does, there were still a number of issues with the existing set up that would need to be addressed before it was permitted. JK asked that if the building codes were met, would it mean that the housing codes would also be met. AP said that state building codes and state sanitary codes are not always congruent and gave an example of plumbing temperatures between the two in a restaurant setting. JK asked about a city council putting legislature into effect that would allow the existence of tiny homes in Easthampton. AP explained that a local ordinance can tighten a regulation issued by the state, it could not make a state regulation less strict. JR asked if he could add to the existing structure, an example of adding a 3-season porch, to meet the square footage violation. AP responded that part of the problem that brought this to the BOH was that building permits were not pulled in the first place and if they had, the fact that the structure was not allowed would have been addressed from the beginning. Adding to a structure that is not compliant was not going to change that. JK stated that he thought that since the structure was on a trailer, these codes did not apply. BE stated that this would still be a temporary home and only for 30 days. BE suggested that JK read the housing code concerning temporary housing. AP suggested that BE give JK the contact information for Paul Halfman, who is the state level person, directly working with this issue. JK asked that if he were able to get all of the violations corrected and then added the 3-season porch, would that make the structure compliant. BE said that the trailer was still temporary because it did not have a foundation. BE explained that with what she understood JK was trying to accomplish, zoning would have to be the first step in determining what needed to be met. JK asked about being able to get a variance.  AP stated that a variance can be requested for anything that does not exceed the condition of endangering. Asking for a variance for square footage, second egress, water would not apply. BE suggested that work on this could be done outside of the BOH hearing to respect the BOH’s time. JK wanted to assure the BOH that he was not living in the tine home and would not be incurring any other fines. But he agreed to talk to BE outside of the hearing. BE clarified that no fines had been issued. JK left the hearing. Covid-19 Update for the City of Easthampton: BE updated the BOH on current conditions of spread in the City of Easthampton. BE stated that the Health Dept was planning on making posts via the HD Facebook page to educate how the virus was now spreading and steps to stop it. BE also mentioned the outreach events that would also happen to help educate the public. BE informed the BOH that the City of Northampton nurse would no longer be able to cover the cases in Easthampton and that the Easthampton would now have to hire their own nurse to do this work. BE updated the BOH that a new director for the EHYC had been hired. A motion was made by JL to adjourn the meeting; seconded by AP. All in favor: 3, opposed: 0. Meeting adjourned at 4:58 PM.