WILLIAMSTOWN, Mass. — The Board of Health last Monday saw evidence supporting a tenant's complaint about ventilation issues at their 330 Cole Ave. residence.

 

Health Inspector Ruth Russell shared with the board a three-page memo outlining her department's actions since receiving a complaint from the occupant of Unit D6 at the property managed by Pittsfield's Hearthway Inc.

 

The memo outlined seven inspections that Health Inspector Ruth Russell has conducted at the unit since the complaint was received on March 10 of this year. On March 20, after her initial inspection, Russell cited five violations of the state sanitary code related to moisture in the unity.

 

Her Monday report also included photos taken during the most recent inspection of the unit's bathroom ventilation system on Aug. 3.

 

As recently as July 21, Hearthway's director of real estate development told Russell, "The fans in this unit have been checked multiple times by staff and contractors and found to be operating the same as in all other apartments," according to the Aug. 17 memo.

 

On July 24, Russell inspected the unit with a representative from the Berkshire Public Health Alliance after the occupant reported that the shower was used several hours before and, despite having the window open and the ventilator fan running, moisture was still present.

 

"Use of a vane anemometer in the bathroom demonstrated that there is insufficient flow going through the vent," Russell reported.

 

A week and a half later, on Aug. 3, Russell returned to the unit with a representative of Catamount Response of Pittsfield. The vent filters from the ventilation unit were removed and found to have, "heavily soiled with significant dust and particulate accumulation," according to the memo.

 

"You can see the two extremely soiled filters, and you can see that the vent is still very dusty and lots of debris on the actual panel that encloses the ventilation," Russell told the Board of Health on Monday. "These [filters] have never been changed, allegedly."

 

Hearthway, then Berkshire Housing Development Corp., opened 330 Cole Ave. on the former PhoTech mill property in August 2021.

 

The filters, which Russell described as being in a locked box on the ceiling that had to be accessed by Hearthway employees, should be vacuumed every three months and replaced if, "excessively soiled," according to an instruction label on the unit that Russell showed the board.

 

Catamount vacuumed the filers, "as best they could," and a Hearthway employee told Russell that new filters were on order and would be in by "the end of August," at the Aug. 3 visit, she reported in her memo.

 

Eight days later, Hearthway told Russell it would try to find a local source for the filters, and, on Aug. 14, the property management company gave her the updated maintenance schedule she requested in an Aug. 5 email, she told the board.

 

"I wouldn't consider the bathroom in compliance [with the sanitary code] until new filters are put in," Russell said at the Monday morning meeting.

 

Russell said she hopes the resident will see improvements once the filter is replaced.

 

"Looking at the notes from our [May 26 public hearing], it looks like [Hearthway has] addressed the exploratory area in the kitchen, the tub, we're still working on the ventilation, and I'm kind of on the fence about how to consider the dehumidification," Russell said. "There is, technically, an option within the unit. But the occupant does not agree with that option."

 

Hearthway has indicated that the mini-split heating and cooling system has a dehumidification mode, but the resident has expressed hesitancy to rely on the mini-split because of the management company's track record with maintenance, Russell said.

 

Board Chair Devan Bartels thanked Russell for her efforts and continued monitoring of the situation at 330 Cole Ave.

 

"It's important that these conditions deemed to endanger are addressed appropriately," Bartels said. "I like the approach of trust Hearthway but verify with Catamount. Can we check with Catamount or if there is another subcontractor that does mini-splits? If that can be maintained properly and used, that would be excellent. And then make sure bathroom filters are installed appropriately."

 

Much of Monday morning's meeting was devoted to a discussion of the commonwealth's decision to temporarily list kratom or 7-OH products as a Schedule I drug starting Aug. 28.

 

Jim Wilusz of the Tri-Town Health Department, who advised the board on the changing landscape around kratom, also said Tri-Town is considering joining the "nicotine free generation" trend started in Brookline in 2021.

 

Since then, 26 municipalities, mainly in eastern Mass, have joined Brookline in prohibiting tobacco sales to anyone who turned 21 after a given date (Jan. 1, 2000, in the case of Brookline). The ordinance was upheld in the commonwealth's Supreme Judicial Court in 2024.

 

Wilusz described the nicotine-free generation movement as a way local communities can level the playing field against big tobacco.

 

"I'm in year 30 in tobacco control," Wilusz told the board. "One thing we experience a lot is we play this whack-a-mole thing where we have to change this regulation for that product over and over. In public health, we have limited resources. We're constantly behind the eight ball.

 

"Some municipalities are saying, ‘What are we still playing this game?' "

 

Bartels asked Wilusz to share with the Williamstown board a slide show that was shown to the Tri-County board and suggested the North County panel could reach out to the same speakers who addressed Tri-County.

 

In other business on Monday, the board discussed holding question and answer sessions, possibly at the Milne Public Library, to spread awareness and hear community concerns about the board's consideration of trying to get Williamstown enrolled in the Berkshire County Mosquito Control Project. A town meeting vote would be needed to join that program.

 

The board also Monday set its next meeting for Tuesday, Sept. 8, at 9 a.m.