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0390 ELLIOTT ROAD - Health
390 Elliott Road, Centerville A = fi - _ d- r ;i UPC 12534 ' No,2.153L(3 t RECEIVED of BAA, BARNSTABLE COUNTY DEPARTMENT OF HEALTH AND THE ENVIRONMENT SEP 2 4 2002 U SUPERIOR COURT HOUSE Bl E t4 POST OFFICE BOX 427 BARNSTABLE, MASSACHUSETTS 02630 �SjutY'" Phone:(508)375-6613 sACHUS� FAX(508)362-4136 FAX(508)362-2603 TDD(508)362-5885 UNDERGROUND T.•4.NK TEST RESULTS NAME: WILLIAM LONGSTRETH DATE: 11/19/01 TANK LOCATION: 390 ELLIOT RD., CENTERVILLE MAP PARCEL: old TAG#:NONE YEAR INSTALLED: 1980 CAPACITY: 1000 The recent check of the vapor monitoring well(s) near your underground storage Yank (UST) did not detect any significant contamination. Because the use of soil vapor monitoring for UST leak detection is a limited technology we cannot, however,guarantee that your tank has not leaked. You should also realize that a "good" result from our test is no indication of how long the tank will remain sound. Due to fiscal constraints,the Barnstable County Department of Health and the Environment has instituted a nominal test fee of$30 for one well and$10 for each additional well at a site. Accordingly,would you please send a check for $ NA-PD made payable to BARNSTABLE COUNTY to: Charlotte Stiefel Barnstable County Department of Health&the Environment. ri P.O.BOX 427 Barnstable MAC 02630 The following items,if checked, also apply to your UST: X We encourage the removal of older tanks before the expected leak(s)develop. We encourage the removal of tanks under 300 gallons as they were not made for underground use. X Your UST doesn't appear to be registered and tagged as required by your Board of Health. It would be advisable to mark your monitoring well to prevent accidental usage. The soil conditions surrounding your tank are not ideal and may accelerate tank leakage. A copy of this letter has been sent to your Board of Health and the records reflect the results of this tank test. If you have any questions please contact Charlotte Stiefel at(508)-375-6620. cc: Board of Health: BARNSTABLE f Whereas,the escape of fuel from an underground storage tank may result in civil and/or criminal liability of the owner,lessee,licensee,licensor, and/or other persons in control of the premises; Whereas,the use of vapor monitoring procedures is only one of several procedures that may be used to detect leaking or escaping fuel; Whereas,the reliability and experience of the testing procedure is limited;and Whereas,from location to location and soil to soil test results may vary due to a number of factors; The County of Barnstable and flie Barnstable County Department of Health&the Environment represent that while the test results give a fairly accurate reading of the vapor content in the well sites at the place and time of the testing,the soil conditions and condition of the tank and connections may be such that leaks could'occur at the time of testing or shortly thereafter without detection. Similarly,the equipment is sufficiently sensitive as to detect fumes when,in fact,no actual tank or piping leaks have occurred at all. Therefore,no party shall rely exclusively on the results of tine vapor monitoring test. Neither the County of Barnstable nor the Barnstable County Department of Health&the Environment shall be liable to any person either for the failure of the test to detect a leak when such a leak has,in fact,occurred or for the detection of readings which may indicate that vapors are present in the soil when,in fact,no leak has occurred. Neither the County nor any department thereof shall be liable for any faulty or overly sensitive readings resulting from the taking of such test. "- V 41 Page 1 of 1 Crocker, Sharon From: Kristen Rufo [KRufo@latanzi.com] Sent: Friday, July 24, 2015 5:15 PM DCenterville To: Crocker, SharonCc: Health Subject: Estate of William Longst h; 390 Elliot Roa Dear Ms. Crocker: This law office represents the Estate of William Longstreth. I am writing relative to the attached notice to remove a fuel tank at 390 Elliot Road, Centerville. I spoke with Thomas McKean earlier today and explained that there are presently very difficult tenants in possession of the premises. We have commenced litigation and obtained a judgment of possession to remove the tenants. The tenants have appealed that judgment; we have pending litigation before the Appeals Court to remove the tenants from the property. I wish to appear at the hearing to explain the situation and discuss a reasonable time line for my clients to remove the tank, considering the necessity of securing possession of the premises. I have a conflict on August 18, 2015. 'Mr. McKean told me that there is a hearing available on September 8, 2015 at 3:00 p.m. Would you kindly schedule this matter for a hearing on September 8, 2015? Please respond to this e-mail at your earliest convenience to confirm.that my attendance on September 8th is acceptable. so, would you,kirrd y copl `� y me on all future correspondence'relafive to-this4: tter as the Personal Representative did not receive the first notice referenced in your July 2, 2015 notic . Thank you. Very truly yours, Kristen S. Rufo, Esq. La Tanzi, Spaulding & Landreth, P.C. 8 Cardinal,Lane; P.O. Box 2300 Orleans, MA 02653 (508)255-2133 (508)255-3786 (fax) krufo(a-)latanzi.com This email message and any files transmitted with it contain PRIVILEGED AND CONFIDENTIAL INFORMATION and are intended only for the person(s)to whom this email message is addressed. As such, they are subject to attorney-client privilege and you are hereby notified that any dissemination or copying of the information received in this email message is strictly prohibited. If you have received this email message in error, please notify the sender immediately by telephone or email and destroy the original message without making a copy. Thank you. I, i 7/24/2015 OFIHETp Town of Barnstable. h� 0� Barnstable Regulatory Services +: BARN$TABLE = Richard V.Scah,Director. A"merzaCity 9�ATFa �A�� Public.Health Division Thomas McKean,Di.re.et0e no;- 200 Main.Street Kyannis,MA,02601 Office: 508-862-464.4 Fax: 508-790-6304. July 2,2015 LONGSTRETH,W'ILLIAM.ESTATE OF INDUSTRY CONSULTING GROUP PO.BOX 8265 WITCHITA FALLS,TX 76307-.8265 RE: Underground Storage Tank 390 ELLIOTT ROAD Centerville 'Map Tarce l: 227:14:..0 Tank.Number: 1 Tag Number: UNK FINAL NOTICE: Board.of.Health:records indicate that an bride'rground fuel(or clieniical)storage tank at the above ' location e cceeds thirty(3.0)years in age:and.has nat:yet.:been rei-hoved as required.by tlie.Town of Barnstable Code.Chapter•32.6,Section 3,Fuel and Cliemiml.Storage Tanks. You are directed to remove this tank. Upon completion of the tank:removal, please submit to this office a.copy of the permit for storage tank.removal issued by your local Fire Department. This.perwit is requi)•ed in:be oblained prior to lire.tank:rerno.val. This copy of the.removal permit serves as docunleatation that the underground storaae:tank wits.properly removed and disposed of. ShoUld you be unaware of the:existencc.oftheaboye mentioned tank or its.possible previous removal;.an ! . independent third party(.i.e.oil company,:tank ren-loyal company.;or environmental services company) tlgay be abli :to assist.you it physically locating and/ot veri:fytng the:eurre7it extstence.ofxhe tank. Should this'bc the:case,a written documetit.f�om the uidepeiidetifthird party is required as verifcation that the tank had been previously removed`and/or;does,not east. Failb.re to comply with this second and FINAL order of the B,oard.of Health will result in automatic sclied:ul.ilg of a hearing befbre the Board at.the next available.public meeting,which will be August 18, 2015I lie meeting avi 1-5egtn at 3`1)b Flvl and witllic-to'catecl at Barnstabte�own Hall;367 Main Street, Hyannis,MA 02601. NOTE:The July Board of Health meeting•date was.changed. Therefore,this issue will be addressed at the August.18"'meeting instead, l Thomas A.McKean,,kS,CHO Public.Health Division„'.Director Q•U'IaztnatlU6dc'r&ound Tanks\201 akletters scut 07021.5'=FINAL NOTICEU6 yr old.UST 396 E1ii.ott Rd UNT.doc I i i NOW, THEREFORE,The Jensett Corporatis hereby place the (owner's name) following restriction on his above-referenced land in accordance with his agreement with the Town of Barnstable Board of Health, which restriction shall run with the land and be binding upon all successors in title: The Jensett Corporation may have constructed (address) upon the lot a house containing no more than f our (4) bedrooms. The Jensett Corporation agrees that this shall be permanent deed (owners name) restriction affecting LOT 40 located on 390 Elliott Road,Clevdille being shown on the plan recorded in Plan Book 305 , Paged 42 . and. Plan Book Page 305 Or on Land Court Plan , 44 For title of seethe following deed: Book 29832 , Page 241 Or Land Court Certificate of Title Number Executed as a sealed instrument 7 th day of FEBRUARY 2017 THE JENSETT .COR ON BY: Owner' ignature el C. Jenkins , President &.'Treasurer Owner's signature Owner's signature COMMONWEALTH OF MASSACHUSETTS Barnstable , ss FEBRUARY 7 3 2017 Then personally appeared the above-named Nelson C. Jenkins President & Treasurer as aforesaid wn to me to be the person who executed the foregoing instrument and ' ��GHARpS` plknowledged G• .� fe; ar -to be his free act and deed, before me, 00 :o w REBECCA C. RICHARDSON rY i V •. G � �i, '•...MFSSF,.•' Q �� NIoA;;.C�`P,dblic hey commission expires: 11/23/2018 (date) C:\Users\Decollik\AppData\Local\Wcrosofr\Windows\Temporary Intemet Files\Content0ut1ook\2PI0IDHR\DEED Restrict sample.Doc BARNSTABLE REGISTRY OF DEEDS John F. Meade,.Register IKEr Town of Barnstable Barnstable AF#IIIBAp CdY Board of Health 1 1 I 1 I.F BMI NSCABIL& b 9 `eg 200 Main Street, Hyannis MA 02601 2007 �rf0 MA'1 s Office: 508-862-4644 Wayne Miller,M.D. FAX: 508-790-6304 Paul Canniff,D.M.D. Junichi Sawayanagi May 17, 2016 Attorney Kristen S. Rufo La Tanzi, Spaulding, and Landreth, P.C. 8 Cardinal Lane P.O. Box 2300 Orleans, MA 02653 RE: Estate of William Longstreth/Underground Fuel Storage Tank 390 Elliott Road, Centerville, MA Dear Ms. Rufo, At the May 10, 2016 meeting of the Board of Health, you submitted documentation regarding the removal of the underground fuel tank from 390 Elliot Road, Centerville. The tank was removed on or about April 27, 2016 and an environmental assessment was performed by David C. Bennet of Bennet Environmental Associates, Incorporated. Soil samples were taken and laboratory analysis were performed. It was determined that the total petroleum hydrocarbons (TPH) were below reportable concentrations and no environmental liability was apparent. Thank you for attending the hearing and resolving this matter. Sin ly you ay Miller,M.D. Chai an Q:WP/Tank Removed Rufo 390 Elliott Road Resolved 2016.docx ` ` S BfENNETTENVIRONMENTALAsSOCIATES, LICENSED SITE PROFESSIONALS A ENVIRONMENTAL SCIENTISTS 6 GEOLOGISTS 6 ENGINEERS 1573 Main Street-P.O. Box 1743, Brewster, MA 02631 508-896-1706 Fax 508-896-5109 6 www.bennett-ea.com I 22 EGL� May 4, 2016 D M AY - 9 2016 Mr. Kyle Gubernator,RE Manager-Wealth Development BROADWAY BANK 1177 N.E.Loop 410 1 San Antonio, TX 78209 RE: UNDERGROUND STORAGE TANK(UST) CLOSURE ASSESSMENT Residential Property: Estate of William Longstreth 390 Elliot Road [Parcel ID 227/1140] Centerville,MA j Dear Mr. Gubernator, On April 27, 2016, BENNETT ENVIRONMENTAL ASSOCIATES, INC. (BEA) personnel were at the above-referenced property to perform environmental assessment activities related to the removal of an underground storage tank (UST) and associated piping, in accordance with the Commonwealth of Massachusetts Underground Storage Tank Closure Assessment Manual (DEP Policy # WSC-402-96). This investigation was in consideration of potential liability associated with the leakage of fuel from the former tank and lines under the provisions of MGL c. 2 1 E as enforced under 310 CMR 40.0000 the Massachusetts Contingency Plan(MCP). E i Upon arrival at the property, BEtA personnel were met by Global Remediation Services, Inc. (Global) personnel who had uncovered the 1,000-gallon, single-walled, steel UST, removed the lines and cut the vessel open,pumped the contents of the vessel, and had it cleaned and ready for inspection by the Centerville, Osterville, Marston Mills (COMM) Fire Department. A total of 220 gallons of fuel and sludge had jbeen removed as part of the tank cleaning process for licensed transport to facility for re-use/disposal. A copy of the Uniform Hazardous Waste Manifest and Fire Department Permits are attached for reference to this work. The clean overburden was stockpiled in the front yard adjacent to the exposed tank with the piping for the fill and vent lines, laying alongside the piled dirt with the copper feed line. While work was being completed, the lines were inspected for any evidence of leakage, and soil samples collected from the area of the former fill and vent lines and the overburden stockpile for field screening. Visual and olfactory inspection of lines and soil showed no evidence of staining or odor. The soil samples were then placed in 250-millilliter jars, covered with an aluminum septum and screened in the field with la Thermo Environmental Model 580B photoionization detector (PID) by "jar headspace" method, consistent with the MA DEP policy WSC-94-400. Concentrations of organic vapors froml each of the soil samples were reported as below the EMERGENCY SPILL RESPONSE Q WASTE SITE CLEANUP 6 SITEIASSESSMENT 6 PERMITTING 6 SEPTIC DESIGN&INSPECTION I WATER SUPPLY DEVELOPMENT,OPERATION&MAINTENANCE 6 WASTEWATER TREATMENT,OPERATION&MAINTENANCE i 7 � y j MAY 4,2016 E LONGSTRETH-BROADWAY:UST CLOSURE ASSESSMENT/BEA16-10893 PAGE 2 OF 5 i INVESTIGATION FINDINGS i r instrument detection limits (Non-Detect < 0.4 ppmv), indicating no fuel oil impacts in the stockpiled material or area of former fill and vent lines. AL Imo,..� � , ,'.� .,A w �� F �' yd "�S�tSA•��� F _ _ y; II r� Pam°; � "�� �a, iF'�.j!)r �nR N 'at t .• z < i P Wit ., 15 ..5 b�*a• 4'fa4' !! � �§ r ,~ c ? Mt tom$, K � ?OM 't v �" � `' i f - !�t rc-�-"��n�t.3��✓•�r.'�"r�S�"fit`$ r�,f�;.d V� .��--,��i r 25 zz z � w "r r �)4 ' . 4 41, .. .A. - 1 MAY 4,2016 i LONGSTRETH-BROADWAY:UST CLOSURE ASSESSMENTBEAI6-10893 PAGE 4OF 5 ; INVESTIGATION FINDINGS Representative soil samples were collected from sidewall (SW) and bottom-of-hole (BOH) areas from within the tank grave. These samples were again placed in 250-millilliter jars, covered with an aluminum septum and screened in the field with a Thermo Environmental Model 580B photoionization detector (PID) by "jar headspace" analysis, consistent with the MA DEP policy WSC-94-400. Concentrations of organic vapors from each of the SW-E: 24' and SW-W: 2-4' soil samples were reported as Non-Detect (<0.4 ppmv) as indicating no fuel oil impacts. Concentrations of organic vapors from leach of the BOH N@6' and BOH S@6' reported a TOV concentration of 2.6 ppmv in the absence of any odor or staining. To qualify the presence of any environmental impacts, composite soil I sample representing the SW and BOH conditions were prepared and forwarded to a MA certified laboratory for Total Petroleum Hydrocarbons (TPH) as representative of fuel oil. g 7' ,K r, i 1 d Laboratory analytical results, received on May 3, 2016 reported TPH in each ach of the samples as Non-Detect (ND) with detection limits of 10 mg/kg and 11 mg/kg, respectively. In each case, the detection limit concentration is significantly below the applicable and most restrictive RCS-1 Reportable Concentrations, as well as the most stringent S-1/GW-1 Method 1 — Risk Characterization standards: both 11,000 mg/kg. As such, no environmental liability is apparent and as would require Notification or generate Remedial Response obligations for cleanup under the Massachusetts Contingency Plan (MCP) 310 CMR 40.000, associated with historic underground fuel storage at the property. i� These findings are specific to the(area of testing as a targeted investigation and this report should not be represented or construed to represent "Due Diligence under All Appropriate I - - i MAY 4,2016 t LONGSTRETH-BROADWAY:UST CLOSURE ASSESSMENTBEAI6-10893 PAGE 5 OF 5 INVESTIGATION FINDINGS Inquiry" for the investigation of all potential sources of oil and hazardous materials at the property. If you have any questions regarding this investigation or require additional information, please contact us at our office at your convenience. Sincerely, j BENNEA ENVIR NTAL ASSOCIATES,INC. David . Be GWP,LPG, LSP Preside Encl. -Site Sketch Plan excerpt from Town of Barnstable GIS Mapping -Form 1: Tank Alteration Permit -Form FP 290 Tank Removal/Tank Disposal Permit -Uniform Hazardous Waste Manifest(014575632 JJK) -RI Analytical Laboratories Report(5/3/16) Work Order 1604-09745 Cc. (Kh len Rufo,.ESquirew.La.TgEiI Sf aulding.andTandreth;.PC? FPO Michael Grossman, COMM Fiore Department Heather Atwood, Operations Manager—Global Remediation Town of Barnstable Geographic Information System May 4,2016 227103 m 1 +� 1 227085' #377 y #330 1 � I X 27.23 227104 .. 385 Pv X1Z:5 4a _ X 18.67 227151 #60 r oo 0397 1C;.1 .... . _ ---- y .I fFa ks ie` � R 24.74 ` X It 29.34 :. ` 227148 a Er`•'::, h X,`10 8'I' #81� 227149 a M1a 028 ':': 227,150 1� O 2 Feet % X 19.52 4'r I 'a �.�� .�. tee.. •�r �va DISCLAIMERS:This map Is for planning purposes only. it is not adequate for legal Map:227 Parcel:140 ®' boundary determination or regulatory interpretation. Enlargements beyond a scale of Selected Parcel 1"=100'may not meet established map accuracy standards. The parcel lines on this map Owner:LONGSTRETH,WILLIAM ESTATE Total Assessed Value:$510800 ere only graphic representations of Assessor's tax parcels. They are not true property Co-Owner:C/O BROADWAY BANK Acreage:0.43 acres Abutters W"''�'.'s"P boundaries and do not represent accurate relationships to physical features on the map +"^ such as building locations. Location:390 ELLIOTT ROAD - 4 Buffer .._....... ._._.....__..._.�.— — 1 The Commonwealth of Massachusetts �' Department of Public Safety ' J 527 CMR 4.00 Form 1 Application for Permit, Permit and Certificate of Completion for the installation or Alteration of g Equipment and the Storage of Peel tail Centerville, , sterville,Marstons Mills 0I IW/ Permit Ws: FD (City or Town) (Date) FDID #: 01920 Fee Paid: $85gs ' Z Owner/Occupant a;ne:,4I' Merg • Tel.#:4-/ Installation Address: 390 �. Seruiced Floor or Unit #: Heating Unit Domestic Water Heater U Power Vent Ll Other Burner: p New ®Existing .. ®Location: .Trade Name: Mfg: Type: Model# or Size: Nozzle Size: Fuel Oil ❑Kerosene p Waste Oil Storage Tank: Ll New Existing Location: -� Capacity: gallons No. of Tanks: i Special requirements (or additional safety devices} = 6L� I m a ®OSV Valve❑Oil Line Protected p Sheet Rock ❑Sprinkler AFUE• yes I]no EF•®yes U no ey (Furnace and Boilers) (Water heater) Co. Name: Tel.#_���� Address: _i� t City Zip: Completion Date: 2k 46 Combustion Test: Gross Stack mp.: Net Stack Tem , C _ raft Overf3re Draft: ft: Efficiency Rating °lo• I, the undersigned certify that the installation of fuel burning equipment has been made In accordance with M.G.L. c. 148 and 527 CM9 4:00 currently in-effect. Furthermore, this installation has been tested in accordance with such requirements, is now in proper operating condition and complete instr` bons as to its use and maintenance have been furnished to the person for whom the installation(or alteratton) made- Installer: , C. ' -� Prlrtf Ndme Cert of.Comp. # nature(no p) Address: XCity: Once signed by th :firms; ent is a PERMIT for the storage and use of oil b e ui : g meat q P Approved by: Date: �. REFER T CHECKLIST ON REVERSE SIDE Form Distribution:White:Fire Dept. (Application) Yellow:Installation(Pertnit To Store) Pink: Installer(Permit To Install) This form approved by the State Fire Marshal and provided courtesy of the Mass.Oil Heat Council. Form design to NCR by Cotuit and COMM Fire be ts. Jury 1,1996 P PERMIT EXPIRES 60 DAYS AFTER ISSUE DATE, Make application to local fire department. Fire department retains original application and issues duplicate as permit. 7_1 9 gpce 011 ,11e APPLICATION and PEIRMIT E for steel underground storage tank removal and transportation to approved tank disposal yard in accordance with the provisions,of M.G.L.Chapter 148, Section 38A,527 CMR 1:00 Section 1.12.8,40, application is hereby made by: 6'!�Lt4-410.4 Tank Owner Name(please print x t Address • &70'�F- Signature p I applymq p ..i�tj Street City 0 2! R 2— State7—zip ior!C a 1 Co.orIndividual 01 Print Address MA 7Address G. re PrintSi natu'r apply"ifor permit) Signa ICI* lying for permit) i!1*Certified Other SP 4 ifie 'LSP# Other Tank Location teed ress ny Tank Capacity(gallons) Last Stored Tank Dimensions(diameter x length) Remarks: Firm Transporting Waste'G&' State Lic.# Hazardous Waste Manifest# E.P.A.#N-4 ei 3 I 2,o—3 Approved Tank Disposal Yard Tank Yard# '3 L Type of Inert Gas Tank Yard Address j City-or Town FDID# Perm# Date of Issue Date of Expiration Dig Safe approval number: uJ9 bele TellFree Tel.Number-800-322-4844 --Trenching Permit# Signature/Title of Officerg ranting permit 'After removal(s)("consumptive use"fuel oil tanks exempted)send Form FP290 or Form FP-29OR signed by1he local fire department to MassDEP,Bureau of Waste Prevention UST'Prograrn,PO Box 12.0-0165,Boston. MA 02112-0165. *International Fire Code Institute FP-292(Revised-1.1.2015) .r @8Sa Ot Fare deal ned 4QP Ua9 elf f � 1y1PK 1 URFMRAPARDDU3 1.6mmstalommmi L P�e1o! 3 0@ilUAb WAREMANIF-M 4I�nSae1 g IUPP290z83408} 6i)B-923-1005 -7 JJ� s.camrat�a�a„aeh� s . avacwav r3aNf,%nal Sank eae Satre lthartmelflrtgad si PO Bo% 1700.1 390 tifiy�Road tienereim'ePhorta 1 263-�Q8 3r1 AYI$9RiA,Ti4 7$2217 Center,( e, MA Cf2m .S.EPAID ENPRQ JECL9C£+S 7.Tim r2CompmrlNanm MAC3tMO 98388 U.S.EPAID t�h3 S.1>�gnffieaFad3Ryta�d 31m�86fs� Tradet 1r� .rne, <. US.�AlDAlamBer 341R Carden '�e�cxdir��Df Stn a� orr, L 751-2137 3530 StOughturr, lu�A 02072 USA MADOMIT9890 L�L l& 6h LLS.DOTDmrWm6 p g fbwd Clue, Nwraw, . }py andPad�q( plarry� 9Q.Cw►f�ara 11.4b1vi 12 N 1 Ak Tgpa p�gry yy� 19.Waem ® . NA.1270. Pdmietu-1s Gii. ?.r'C-Al oa n 2 tD 4. 14.SPeda1 B and . 1 Profsle/ApprovaW44d5CL,Li 42 Fuel Oil 1 Water(L) ER612-8 15. ENERATDR'StDIBCER1ffiCAilOPk Ihme4ydedmaihsl� e�tida ffwWandWmbdlplammI,andayeInd top>opero tbt amp toWCMWamatWdBWM �e1ePM eh�ingemr�a.and�eah�lea,va�o, 1[ am�la®r�ttiattlataot6dsvoadg�m�lmntamm9hatmma�GwaUadled�mmtoi�d. � °hlpmazdandlamthsPd�re�y �gremlere+metam4Vmto�Sonat�arnent�ent9l�m 4ocFR�tW{glam ahu� g ortblM amaaaaUquBn9►ya►mjla hue. rtimdbJAlfaior'aPrhdedllyp��anm } m .< ' TrehogN� ❑Im�samus. 13BW ua ftafff 97 8mmdo1lhua> otela�iam �te1a"U .- T►ea¢p�r1 tlanm c� 8lenahoe ' r. �-- Aims veer Oay Year fQDlr re i8a.f y ❑Qmft ❑rm ❑RMAm ❑paw l , ®RdlRea 18b.Att�ataFa�y(or Ahab US.�AIDNwt�er FPhnne �+ (orcie Day w eapdealari�rdou� atraeb> rl, andtscp�gsyata+re) i. 2. & 4. �.Da�rtraffidFa�jB rid mr C aBreaoi9t�i�rdwar oa►eeed6ygmmanfle a asn �Ibmlop t:�iiFcrm @YDa42 � � j f r r �� _ •w:`:f.`.�� (Rev 3'os) ayao7�tete. f .� TRANSP ORAR 5 co� Y l r iA i. . - Page 1 of 2 5�6cieiists in*�invsircnmelitell services ' k . ..CERT OICAT'E OF ANALYSIS Bennett.Efi virOnniental Assoc. Date AI C'eivedl: 4/28/2016 Attn: Mr.David Bennett Date Reported: 5/3/2016 1573 Main St. P.O.#: BEA16-10893 P.O. Box 1743 Work Order#: 1604-09745 Brewster,MA 02631 DESCRIPTION: PROJECT#BEA16-10893 -LONGSTRETH ESTATE(GLOBAL) ' Subject sample(s)has/have been analyzed by our Warwick,RI laboratory with the attached results. Reference: All parameters were analyzed by U.S.EPA approved methodologies. The specific methodologies are listed in the methods column of the Certificate of Analysis. Data qualifiers (if present)are explained in full at the end of a given sample's analytical results. The Detection Limit is defined as the lowest level that can be reliably achieved during routine laboratory conditions. The Certificate of Analysis shall not be reproduced except in full,without written approval of R.I. Analytical. Results relate only to samples submitted to the laboratory for analysis. Test results are not blank corrected. Certification#(as applicable to the sample's origin state): RI LAI00033, MA M-R1015, CT PH-0508, ME RI00015,NH 2O70,NY 11726 If you have any questions regarding this work, or if we may be of further assistance,please contact our customer service department. Approved by: enc: Chain of Custody 41 Illinois Avenue,Warwick,RI 02888 131 Coolidge Street,Suite 105;Hudson,MA 01749 Phone:401.737.8500 Fax:401.738.1970 1Rrww.rianalytical.coiBl phone:978.568.0041 "Fax:978.568.0078 Page 2 of 2 R.Y.Analytical Laboratories,Inc. CERTIFICATE OF ANALYSIS Bennett Environmental Assoc. Date Received: 4/28/2016 Work Order#: 1604-09745 Sample# 001 SAMPLE DESCRIPTION: LONGSTRETH ESTATE UST BOH @ 6' SAMPLE TYPE:COMPOSITE SAMPLE DATE/TIME: 4/27/2016 SAMPLE DET. DATE/TIME PARAMETER RESULTS LIMIT UNITS METHOD ANALYZED ANALYST TPH TPH GC/FID <10 10 mg/kg dry S W-846 8100M 5/3/2016 8.47 KP Surrogate RANGE SW-846 8100M 5/3/2016 8:47 KP 2-Fluorobiphenyl 56 40-140% SW-846 8100M 5/3/2016 8:47 KP Sample# 002 SAMPLE DESCRIPTION: LONGSTRETH ESTATE UST SW:2-6' SAMPLE TYPE:COMPOSITE SAMPLE DATE/TIME: 4/27/2016 SAMPLE DET. DATE/TIME PARAMETER RESULTS LIMIT UNITS METHOD ANALYZED ANALYST TPH TPH GC/FID <11 11 mg/kg dry SW-846 8100M 5/3/2016 9:45 KP Surrogate RANGE SW-846 8100M 5/32016 9:45 KP 2-Fluorobiphenyl 53 40-140% SW-846 8100M 5132016 9:45 KP r . - ®�r� . Page l of l �p®�ialis�� ie a.�etvea°cse�et�en im, Bervices Bennett Environmental Assoc. 1604-09745 5/3/16 -Method Wanks Results= Parameter Units Results Date Analyzed Total Petroleum Hydrocarbons by Method 8100(Soil) TPH GC/FID m8/g dry Surrogate <10 RANGE5/3/2016 2-Fluorobiphenyl 40-140% 5/3/2016 72 5/3/2016 -LCS/LCS Duplicate Data Results- Parameter Spike LCS LCS LCS Du Cone Conc p LCS DUP Rec Conc %Rec %RPD Date Analyzed Total Petroleum Hydrocarbons by Method 8100(Soil) TPH GC/FID 66.7 52.9 79 53.3 80 Surrogate 1 5/3/2016 2-Fluorobiphenyl 77 79 5/3/2016 5/3/2016 41 Illinois Avenue,WarWck,RI gg8 Phone:401.737.8500 Fax:401.738.1976 -rianalytical.coin 131 Coolidge Street,Suite 105,Hudson,MA 01749 Phone:978.568.0041 Fax:978.568.0070 04.27-16 m�■°' .�:�Y"'�°°1 Gail .. �t J Spa�l�llc-�1G�Bn EnWr`onrhant®1 sB®rviao+�a ` ' E..,"' 4 ; i 1r ` tal t �/:➢}�I �a{ N ,, r� ;'�'r }�{ 6 V} } l 1}sJ\ Q N U 41 Illinois Avenue 131 Coolidge St.,Suite 105 �ji o a �i Warwick,RI 02888-3007 Hudson,MA 01749-1331 0 0 800 937 2580-Fax 401 738 1970 800 937 2580 Fax 978 568 0078 U •� _ 5 Date i tTtrne}4 {a+"r x r l`d Sampte{I'denti le-A Collected ,Collected, ,,,,; ,, 1 . t.. Y, 4127/16 12:15 pm Longstreth Estate UST BOH@6' c ag np S x 4/27/16 12:30 pm Longstreth Estate UST SW: 2-6' c ag np S x A.: s, i h !Y lei l;f I}i . F'I 1( .r.,�... 1 ..., t. a r: ..`.!.,. S� tQ .,. '; ...r,:...J��..r 1 ,Cl nt Ftlforrnlatton , fro ecti >nforrna xon �} ".1- t V. Company Name: Bennett Environmental Associates, Inc. Project Name: Longstreth Estate Global Address: P.O. Box 1743 P.O.Number: BEA16-10893 Project Number: same City/State/Zip: Brewster, MA Report To: DC B Phone: Fax Telephone: 508 896-1706 Fax: 508 896-5901 Sampled by: DCB Email report r. to these dbennett@bennett-ea.com Contact Person: David Bennett Quote No: addresses: j „ hed.lg :S; natures., 1 ,,:. Da e , '1['tm •'Rece.�yed B Si na ores Date .;,.Time ,. urtt.Ae'ound T►me : Normal )g GMAILReport` /r' X 5 Business days.Possible surcharge I e Rush—Date Due: J 1)• F N 1 t a 3}� c r s Circle if applicable: GW-1, GW-2, GW-3, -1 S-2, S-3 MCP Data Enhancement QC Package? Yes IVo Sample Pick Up Only IAL sampled;attach field hours IfIl Shipped on ice Temp.Upon Receipt °C VJorkordei No: .._ __.,..'..�..—..�...w,..=,K.r,�„ s _ m.'-asr:�s�a�zz�. ��c ^z��auara�.�r-:�,aa>rat' s�;�s<s�m�c?r�•„�.t La Tanzi Spaulding & Landreth, P.c. 8 Cardinal Lane EO.Box 2300 Orleans,MA 02653 Kristen S.Rufo T:508.255.2133 Direct Line:508.255.2133,ext.129 F: 508.255.3786 krufo@latanzi.com www.latanzi.com March 23, 2016 REQUEST FOR EXTENSION OF TIME TO REMOVE UNDERGROUND FUEL TANK Barnstable Board of Health 200 Main Street Hyannis, MA 02601 RE: Estate of William Stacy Longstreth; L390 Elliott Road, Centerville, Massachusetts; Removal of Underground Fuel Tank; Dear Members of the Barnstable Board of Health: As you know, this law office represents Broadway National Bank, the Personal Representative ("PR") of the Estate of William Stacy Longstreth("Estate"), On September 8, 2016, 1 appeared at a hearing before the Board of Health to request an extension of time for the PR to remove an underground fuel tank from the premises at 390 Elliot Road, Centerville, MA ("the premises") because the PR was, at that time, embroiled in appellate litigation to remove tenants from the premises. Please see correspondence dated September 8, 2015, previously filed with this Board setting forth historical background. On September 8, 2015, the Board graciously permitted the PR a six month continuance to remove the underground fuel tank, although I have not received written confirmation of that order. The PR finally obtained possession of the premises on December 29, 2015 and the tenants were removed at that time. Since December, the PR has taken steps to remove the fuel tank. The PR negotiated a contract with Clean Harbors Environmental Services, however contract negotiations unfortunately broke down on or about February 12, 2016. On March 7, 2016, the PR received an estimate from Global Remediation Services of Taunton, MA to remove the fuel tank. See enclosed, Exhibit A. The PR is presently negotiating with Global Remediation to enter a work order to remove the fuel tank. Accordingly, the PR, respectfully requests a further three month continuance of its obligation to remove the underground fuel tank from the subject premises. Would you kindly advise whether you require any additional information to grant an extension or whether you would like me to appear at a hearing to discuss this issue? �/ ja��eacow cce 1969 t�=ZT d i�'�adll A. ® Very truly yours, Kristen S. Rufo Enclosure cc: Broadway National Bank, Personal Representative. i ��e�a��eacow since 1969 700 Richmond Street, East.Taunton, MA 02718 508-828-1005 hx; 508-8.24-2486 .March 7,2016 Latanzi,Spaulding and 1-andreth PC 8 Cardinal Lane Orleans,MA 02653 RE: Underground Oil Storage Tank Removal/Disposal 390 Elliott Road Centerville, MA Dear Ms. Quinn: Global Remediation Services("Global") is pleased to offer our services in strict accordance with all applicable federal,state and local regulations. (Global)is pleased to present this updated quote for the permitting,excavation,cleaning, removal and proper disposal of one(1000 gallon) underground#2 oil storage tank located at the above referenced property in Centerville, MA. Based upon our most recent site inspection,Global.proposes to conduct the following: • Global will obtain Dig Safe#and underground oil storage tank removal permit from the Centerville-Osterville Marstons Mills(COMM)Fire Department,- Global will have the water shut off at the sheet and will cut the irrigation system (which runs over the tank area); • Global will excavate the tank utilizing a PC 75 and Operator and a Skid Steer and Operator. • Global will cut open the top of the tank and will conduct an OSHA approved Confined Space Entry(CSE)and clean the interior of the tank; • Global will vacuum out all remaining oil sludge from the interior of the tank and will evacuate and cut the lines coming from the tank. • Global will manifest all residual oil sludge/liquid and properly dispose of this material at a licensed disposal facility. • Once the tank is emptied and cleaned,Global will lift and remove the existing tank and associated piping. 'The tank will be loaded onto a trailer while in the driveway so as to minimize any impacts to the Stone stairway and/or stone wall areas. • Global will coordinate with the COMM Fire Department Inspection; EXHIBIT D a l r TAILW& _ AU'r, -- X& JF NV Ae ; 700 Richmond Street, East Taunton, MA 0271.8 508-828-1005 Fx: 508-824-2486 • Global will import clean backfill to the site and will backfill and compact the excavated tank area' • Global will load,transport and dispose of the existing tank to a certified scrap yard; • Global will process the Fire Department permit. COST OF SERVICES Item Des6ri tieri ,Quanti"" Unit"Price Total _....-- 01 Global will provide labor and equipment LS $ 7,550.00 $ 7,550.00 to excavate, pump,clean,remove and dispose of up to 1000 gallon underground oil.tank and back fill to rade 02 COMM Fire Department Permit �1 TBD TB I 03 Disposal of residual oil/sludge $5%00 $550 00 550.00 minimum disposal) disposal disposal TERMS &CONDITIONS • GLOBAL will have free and easy access to the work area. • *The quantities presented herein are estimates only. Bilking will be based upon actual quantities encountered.in the field. • Costs assume a$550.00 minimum disposal of residual oil. • Costs do not include the relocation of any utilities other than the cutting of the irrigation line,- Costs include backfill to grade only-no other landscaping/restoration is included. • All work will be performed during normal business hours of 7:00 am-4:00 pm; • Additional costs may be incurred due to off spec wastes or rejected loads, • GLOBAL's payment terms are COD upon completion of the project.. • This quotation is vapid for 30 days. • Any delays incurred beyond the control of(Global)will be billed at Time& Materials rates If you have any questions regarding this quotation or would like further ii-dormation on our services, please feel free to call me at 508-828-1005 or 61.7-592-6991. Sincerely, Heather M. Atwood General Manager I 700 Richmond Street, East Taunton, MA 02718 508-828-1005 FY: 508-824-2486 PROPOSAL ACCEPTANCE The above pricing and assumptions/conditions are satisfactory and hereby accepted, t am commissioning this work as an authorized Representative of("The Owner"). Payment will be made as outlined in this proposal.My signature denotes a legal and binding contract. Client agrees to the above"assumptions/conditions" and assumes full responsibility for payment,including all off-specification surcharges, payment collection actions and associated fees. _.._..................... ..........__.. Signature Date Print Name Purchase Order No r ° Ay FZHET° Town of Barnstable Barnstable Y Board of Health ;�ca j * BAftNSTAULE, � 9 MASS. I �prFD 39. a` 200 Main Street, Hyannis MA 02601 200'7 OFFICE: 508-862-4644 Wayne Miller,M.D. FAX: 508-790-6304 Paul Canniff,D.M.D. Junichi Sawayanagi Kristen Rufo, Esq., La Tanzi Spaulding & Landreth, P.C., PO Box 2300, Orleans, MA 02653 Estate of William Longstreth, 390 Elliot Road, Centerville Email: krufo@latanzi.com ACKNOWLEDGEMENT OF RECEIPT: May 2, 2016 We have received your submission to the Board of Yfeafth 12e: 390 ECfiot Woad, Centerviffe requesting a hearing for a deadline e.Ktension on the removaf of your underground tank. Thankyou. Your item is scheduled to be heard at the Board of Health Meeting on the: Date of: Tuesday,May 10, 2016 Meeting Location: Town Hall, 367 Main St, Hyannis Hearing Room, Second Floor Time: 3:00—6:00 P.M. Approximately three days prior to meeting, an agenda will be sent out to you— once it is available. It will also be available on line at the town website: www.town.barnstable.ma.us Go to ..."Boards & Committees > Board of Health - or- Go to Official Agendas Any questions, please call Sharon Crocker at 508-862-4739. Thank you. QAAGENDAS BOH\let Receipt of BOH Submission 390 Elliot Rd Cent May2016.doc Crocker, Sharon From: Crocker, Sharon Sent: Monday, May 02, 2016 11:22 AM To: 'krufo@latanzi.com' Subject: let Receipt of BOH Submission 390 Elliot Rd Cent May2016.doc Attachments: let Receipt of BOH Submission 390 Elliot Rd Cent May2016.doc RE: Estate of William Stacy Longstreth TO: Kristen Rufo Attached is the acknowledgement of your item being placed on the next Board of Health meeting -Tuesday, May 10, 2016. We would appreciate it if someone could attend the meeting to answer any questions the Board may have. Thank you. Sharon Crocker Administrative Assistant Board of Health/ Public Health Division 508-862-4739 i i J La Tanzi Spaulding Landreth, P.C. 8 Cardinal Lane P.O.Box 2300 Orleans,MA 02653 T.508.255.2133 F: 508.255.3786 www.latanzi.com March 9, 2016 Thomas A. McKean, RS, CHO Barnstable Board of Health Town Hall Hearing Room, Second-Floor 367 Main Street Hyannis, MA 02601 RE: Estate of William Stacy Longstreth; 390 Elliott Road, Centerville, Massachusetts; Removal of Underground Fuel Tank; Dear Mr. McKean and Members of the Barnstable Board of Health: As you know, this law office represents Broadway National Bank, the Personal Representative ("PR") of the Estate of William Stacy Longstreth ("Estate"). On September 8, 2016, I appeared at a hearing before the Board of Health to request an extension of time for the PR to remove an underground fuel tank from the premises at 390 Elliot Road, Centerville, MA ("the premises") because the PR was, at that time, embroiled in appellate litigation to remove tenants from the premises. Please see correspondence dated September 8, 2015, previously filed with this'Board setting forth historical background. On September 8, 2015, the Board graciously permitted the PR a six month continuance to remove the underground fuel tank, although I have not received written confirmation of that order. The PR finally obtained possession of the premises on December 29, 2015 and the tenants were removed at that time. Since December, the.PR has taken steps to remove the fuel tank. The PR negotiated a contract with Clean Harbors Environmental Services, however contract " negotiations unfortunately broke down on or about February 12, 2016. On March 7, 2016, the PR received an estimate from Global Remediation Services of Taunton, MA to remove the fuel tank. See enclosed, Exhibit A. The PR is presently negotiating with Global Remediation to enter a work order to remove the fuel tank. Accordingly, the PR, respectfully requests a further three month continuance of its obligation to remove the underground fuel tank from the subject premises. Would you kindly advise whether you require any additional information to grant an extension or whether you would like me to appear at a hearing to discuss this issue? ��e�Ccr��eczcow suic� 1969 Very truly yours, Kristen S. Rufo Enc. cc: Broadway National Bank, Personal Representative. 2 c6 -1,egaf-Beacow 1969 i �' -A, _3 o :OKI 700 Richmond Street, East Taunton, MA 02718 508-828-1005 Fx: 508-824-2486 March 7,2016 Latanzi,Spaulding and Landreth PC 8 Cardinal Lane Orleans,MA 02653 RE: Underground Oil Storage Tank Removal/Disposal 390 Elliott Road Centerville,MA Dear Ms. Quinn: Global Remediation Services("Global")is pleased to offer our services in strict accordance with all applicable federal,state and local regulations. (Global) is pleased to present this updated quote for the permitting,excavation,cleaning,removal and proper disposal of one(1000 gallon) underground#2 oil storage tank located at the above referenced property in Centerville,MA. Based upon our most recent site inspection,Global proposes to conduct the following: • Global will obtain Dig Safe#and underground oil storage tank removal permit from the Centerville-Osterville Marstons Mills(COMM)Fire Department; • Global will have the water shut off at the street and will cut the irrigation system(which runs over the tank area); • Global will excavate the tank utilizing a PC 75 and Operator and a Skid Steer and Operator. • Global will cut open the top of the tank and will conduct an OSHA approved Confined Space Entry(CSE)and clean the interior of the tank; • Global will vacuum out all remaining oil sludge from the interior of the tank and will evacuate and cut the lines coming from the tank. • Global will manifest all residual oil sludge/liquid and properly dispose of this material at a licensed disposal facility. • Once the tank is emptied and cleaned,Global will lift and remove the existing tank and associated piping. The tank will be loaded onto a trailer while in the driveway so as to minimize any impacts to the Stone stairway and/or stone wall areas. • Global will coordinate with the COMM Fire Department Inspection; EXHIBIT la a a A TALU& 700 Richmond Street, East Taunton,MA 02718 508-828-1005 Fx: 508-824-2486 • Global will import clean backfill to the site and will backfill and compact the excavated tank area' • Global will load,transport and dispose of the existing tank to a certified scrap yard; • Global will process the Fire Department permit. COST OF SERVICES .Item Descri lion" - w Qiianti� Unit Price Total's 01 Global will provide labor and equipment LS $ 7,550.00 $ 7,550.00 to excavate,pump,clean,remove and dispose of up to 1000 gallon underground oil tank and back fill to grade 02 COMM Fire Department Permit 1 TBD TBD 03 Disposal of residual oil/sludge $550.00 $550.00 550.00 minimum disposal) disposal disposal TERMS &CONDITIONS • GLOBAL will have free and easy access to the work area. • *The quantities presented herein are estimates only. Billing will be based upon actual quantities encountered in the field. • Costs assume a$550.00 minimum disposal of residual oil. • Costs do not include the relocation of any utilities other than the cutting of the irrigation line; • Costs include backfill to grade only-no other landscaping/restoration is included. • All work will be performed during normal business hours of 7:00 am-4:00.pm; • Additional costs may be incurred due to off spec wastes or rejected loads. • GLOBAL's payment terms are COD upon completion of the project.. • This quotation is valid for 30 days. • Any delays incurred beyond the control of(Global)will be billed at Time&Materials rates If you have any questions regarding this quotation or would like further information on our services,please feel free to call me at 508-828-1005 or 617-592-6991. Sincerely, a`.4 ,O1 Heather M. Atwood General Manager © -La TanziX P Spaulding � < #y���"�' e Landreth,P.c. tr �CCES ; P.O.Box 2300 .-t I : 02 i p 006.9 3 016 0001804408 MAR 10 2 Orleans,Mt102653-2300 9414 7266 9904. 2959 0888 .75 f !RETURN RECEIPT�REQUESTED - MAILED FROM ZIpGODE02653 Thomas A. McKean, RS, CHO Barnstable Board of Health Town Hall, Hearing Room, Second Floor M_ 367 Main Street a Hyannis, MA 02601 t ,F o FOLD AND:TEAR HERE'S eapueg;dieoea uinjoki 6uisn io;no'X)Iuey j rt, i � 1 II I 1/ 700 Richmond Street, East Taunton,MA 02718 508-828-1005 Fx: 508-824-2486 PROPOSAL ACCEPTANCE The above pricing and assumptions/conditions are satisfactory and hereby accepted. I am commissioning this work as an authorized Representative of("The Owner"). Payment will be made as outlined in this proposal. My signature denotes a legal and binding contract. Client agrees to the above"assumptions/conditions" and assumes full responsibility for payment,including all off-specification surcharges,payment collection actions and associated fees. Signature Date Print Name Purchase Order No. a o Page 1 of 2 Crocker, Sharon From: McKean, Thomas Sent: Friday, March 18, 2016 12:14 PM VV To: Alison L. Quinn Cc: ,L.-a—v--elllle,, Timothy.;,Crocker_3harop1 lbo Subjr_: Rc.`f e 390- Iliot Road, Centerville, MA- Undergro uel Tank Removal Sent from my BlackBerry 10 smartphone on the Verizon Wireless 4G LTE network. From: McKean, Thomas Sent: Friday, March 18, 2016 10:59 AM To: Alison L. Quinn Cc: Lavelle, Timothy; Crocker, Sharon vvv �J Subject: Re: 390 Elliot Road, Centerville, MA - Underground Fuel Tank Removal` , Good Morning, 31 Yes, please submit a request for an additional extension to the Board of Health. Please submit your written request to the Board of Health, 200 Main Street Hyannis. Four copies are needed for the Board members and Administrative Assistant. This process is consistent with how these requests are normally handled. Sincerely, Thomas Mclean From: Alison L. Quinn Sent: Thursday, March 10, 2016 9:24 AM To: thomas.mckean@town.barnstable.ma.us Subject: 390 Elliot Road, Centerville, MA- Underground Fuel Tank Removal Dear Mr. McKean, Relative to the above referenced matter, attached is a copy of Attorney Rufo's letter to you. Please let me know if you have any questions. Regards, Alison L. Quinn Paralegal for Kristen S. Rufo, Esq. La Tanzi, Spaulding &Landreth, P.C. 8 Cardinal Lane, P.O. Box 2300 S 3/18/2016 Page 2 of 2 Orleans, Massachusetts 02653 (508) 255-2133 ext. 135- Telephone (508) 255-3786 - Facsimile aqunn@latanzi.com - Email This communication is intended only for the use of the individual(s) and/or entit(ies) named as the addressee(s). It may contain information which is privileged and/or confidential under applicable law. If you are not the intended recipient or such recipient's employee or agent, you are hereby notified that any dissemination, copy or disclosure of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us at (508) 255-2133 or via return Internet e-mail to aguinn@latanzi.com and expunge this communication without making any copies. Thank you for your cooperation. 3/18/2016 To`,�,�'1 of Barnstable Barnstable �pQ SHE tp� 11 Board of Health 0��a' + BARN STABLE. MASS. 200 Main Street, Hyannis MA 02601 2007 �p 039. �0 ArfD MAI a Office: 508-862-4644 Wayne Miller,M.D. FAX: 508-790-6304 Paul Canniff,D.M.D. Junichi Sawayanagi November 30, 2015 Attorney Kristen S. Rufo La Tanzi, Spaulding, and Landreth, P.C. 8 Cardinal Lane P.O. Box 2300 Orleans, MA 02653 RE: Estate of William Longstreth/Underground Fuel Storage Tank 390 Elliott Road, Centerville, MA Dear Ms. Rufo, At the September 8, 2015 meeting of the Board of Health, the Board voted to grant your client a six (6) month extension to remove the underground fuel storage tank at 390 Elliot Road, Centerville. The tank shall be removed on or before March 8, 2016. We are in receipt of an e-mail from you dated July 24, 2015 and a letter from you dated September 8, 2015 indicating that your client needs the additional time because there are/were very difficult tenants in possession of the premises. You stated that you had commenced litigation and obtained a judgment of possession to remove the tenants. However, the tenants appealed that judgment and your client had pending litigation before the Appeals Court to remove the tenants from the property at that time. The personal representative of the estate, Broadway National Bank, requests a six month continuance to remove the tank. During the hearing, you testified six months is requested to remove the fuel storage tank. Thank you for attending the hearing and working with us to resolve this matter. Please let us know if you should need any assistance in this regard. Sincerely yours, Wayne Miller, M.D. Chairman Q:\WPFILES\RufoLongstreth390EIliottRoad2Ol5.doc EXCERPT FROM THE BOARD OF HEALTH MEETING RESULTS FOR 9/08/15: Additional: C. Kristen Rufo, Esq, representing Estate of William Longstreth, owner— 390 Elliott Road, Centerville. GRANTED. The owners were granted a six month extension to resolve their tenant issue who has barred them from the property. Then they resolve the tank issue. r - Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments C? 390 Elliott Road 4 Property Address GD v Jensett Corp. Owner Owner's Name information is required for every Centerville Ma 02632 9/5/2016& 10/4/2016 page. City/Town State Zip Code Date of Inspection All Inspection results must be submitted on this form. Inspection forms may not be altered in any way. Please see completeness checklist at the end of the form. Important:When filling out forms A. General Information on the computer, use only the tab 1. Inspector: key to move your cursor-do not Sean M. Jones use the return Name of Inspector key. 40-1.1 S.M.Jones Title V Septic Inspection sd Company Name Alf 74 Beldan Ln. Centerville Ma 02632 City/Town State Zip Code 774-248-4850 smjonestitle5@gmail.com SI4522 Telephone Number License Number B. Certification I certify that I have personally inspected the sewage disposal system at this address and that the information reported below is true, accurate and complete as of the time of the inspection. The inspection was performed based on my training and experience in the proper function and maintenance of on site sewage disposal systems. I am a DEP approved system inspector pursuant to Section 15.340 of Title 5(310 CMR 15.000).The system: ® Passes ❑ Conditionally Passes ❑ Fails ❑ Needs Further Evaluation b e Local Approving Authority 10/4/2016 Inspector's Signature Date The system inspector shall submit a copy of this inspection report to the Approving Authority(Board of Health or DEP)within 30 days of completing this inspection. If the system is a shared system or has a design flow of 10,000 gpd or greater, the inspector and the system owner shall submit the report to the appropriate regional office of the DEP. The original should be sent to the system owner and copies sent to the buyer, if applicable, and the approving authority. ****This report only describes conditions at the time of inspection and under the conditions of use at that time.This inspection does not address how the system will perform in the future under the same or different conditions of use. t5ins•3113 Tide 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 1 of 17V� O� Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments ,. 390 Elliott Road Property Address Jensett Corp. Owner Owners Name information is required for every Centerville Ma 02632 9/5/2016 & 10/4/2016 page. City/Town State Zip Code Date of Inspection B. Certification (cont.) Inspection Summary: Check A,B,C,D or E/always complete all of Section D A) System Passes: ® 1 have not found any information which indicates that any of the failure criteria described in 310 CMR 15.303 or in 310 CMR 15.304 exist. Any failure criteria not evaluated are indicated below. Comments: The dwelling located at 390 Elliott Road Centerville is served by a Title V septic system consisting of a 1500 gallon septic tank, distribution box and a 2 1000 gallon precast leaching pits The system was found to be in proper working condition at the time of inspection. B) System Conditionally Passes: ❑ One or more system components as described in the"Conditional Pass" section need to be replaced or repaired. The system, upon completion of the replacement or repair, as approved by the Board of Health, will pass. Check the box for"yes", "no"or"not determined" (Y, N, ND)for the following statements. If"not determined," please explain. The septic tank is metal and over 20 years old*or the septic tank(whether metal or not) is structurally unsound, exhibits substantial infiltration or exfiltration or tank failure is imminent. System will pass inspection if the existing tank is replaced with a complying septic tank as approved by the Board of Health. *A metal septic tank will pass inspection if it is structurally sound, not leaking and if a Certificate of Compliance indicating that the tank is less than 20 years old is available. ❑ Y ❑ N ❑ ND (Explain below): t5ins-3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 2 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 390 Elliott Road Property Address Jensett Corp. Owner Owner's Name information is required for every Centerville Ma 02632 9/5/2016 & 10/4/2016 page. Cityrrown State Zip Code Date of Inspection B. Certification (cont.) ❑ Pump Chamber pumps/alarms not operational. System will pass with Board of Health approval if pumps/alarms are repaired. B) System Conditionally Passes (cont.): ❑ Observation of sewage backup or break out or high static water level in the distribution box due to broken or obstructed pipe(s)or due to a broken, settled or uneven distribution box. System will pass inspection if(with approval of Board of Health): ❑ broken pipe(s)are replaced ❑ Y ❑ N ❑ ND (Explain below): ❑ obstruction is removed ❑ Y ❑ N ❑ ND(Explain below): ❑ distribution box is leveled or replaced ❑ Y ❑ N ❑ ND (Explain below): ❑ The system required pumping more than 4 times a year due to broken or obstructed pipe(s). The system will pass inspection if(with approval of the Board of Health): ❑ broken pipe(s)are replaced ❑ Y ❑ N ❑ ND(Explain below): ❑ obstruction is removed ❑ Y ❑ N ❑ ND (Explain below): C) Further Evaluation is Required by the Board of Health: ❑ Conditions exist which require further evaluation by the Board of Health in order to determine if the system is failing to protect public health, safety or the environment. 1. System will pass unless Board of Health determines in accordance with 310 CMR 15.303(1)(b)that the system is not functioning in a manner which will protect public health, safety and the environment: ❑ Cesspool or privy is within 50 feet of a surface water ❑ Cesspool or privy is within 50 feet of a bordering vegetated wetland or a salt marsh t5ins•3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 3 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments ° 390 Elliott Road Property Address Jensett Corp. Owner Owner's Name information is required for every Centerville Ma 02632 9/5/2016 & 10/4/2016 page. City/Town State Zip Code Date of Inspection B. Certification (cont.) 2. System will fail unless the Board of Health(and Public Water Supplier, if any) determines that the system is functioning in a manner that protects the public health, safety and environment: ❑ The system has a septic tank and soil absorption system (SAS)and the SAS is within 100 feet of a surface water supply or tributary to a surface water supply. ❑ The system has a septic tank and SAS and the SAS is within a Zone 1 of a public water supply. ❑ The system has a septic tank and SAS and the SAS is within 50 feet of a private water supply well. ❑ The system has a septic tank and SAS and the SAS is less than 100 feet but 50 feet or more from a private water supply well**. Method used to determine distance: **This system passes if the well water analysis, performed at a DEP certified laboratory, for fecal coliform bacteria indicates absent and the presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5 ppm, provided that no other failure criteria are triggered. A copy of the analysis must be attached to this form. 3. Other: D) System Failure Criteria Applicable to All Systems: You must indicate"Yes" or"No"to each of the following for all inspections: Yes No ❑ ® Backup of sewage into facility or system component due to overloaded or clogged SAS or cesspool ❑ ® Discharge or ponding of effluent to the surface of the ground or surface waters due to an overloaded or clogged SAS or cesspool ❑ ® Static liquid level in the distribution box above outlet invert due to an overloaded or clogged SAS or cesspool ❑ ® Liquid depth in cesspool is less than 6" below invert or available volume is less than Y2 day flow t5ins•3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 4 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments �M 390 Elliott Road Property Address Jensett Corp. Owner Owner's Name information is required for every Centerville Ma 02632 9/5/2016& 10/4/2016 page. Cityrrown State Zip Code Date of Inspection B. Certification (cont.) Yes No ❑ ® Required pumping more than 4 times in the last year NOT due to clogged or obstructed pipe(s). Number of times pumped: ❑ ® Any portion of the SAS, cesspool or privy is below high ground water elevation. ❑ ® Any portion of cesspool or privy is within 100 feet of a surface water supply or tributary to a surface water supply. ❑ ® Any portion of a cesspool or privy is within a Zone 1 of a public well. ❑ ® Any portion of a cesspool or privy is within 50 feet of a private water supply well. ❑ ® Any portion of a cesspool or privy is less than 100 feet but greater than 50 feet from a private water supply well with no acceptable water quality analysis. [This system passes if the well water analysis, performed at a DEP certified laboratory,for fecal coliform bacteria indicates absent and the presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5 ppm, provided that no other failure criteria are triggered.A copy of the analysis and chain of custody must be attached to this form.] ❑ ® The system is a cesspool serving a facility with a design flow of 2000gpd- 10,000gpd. ❑ ® The system fails. I have determined that one or more of the above failure criteria exist as described in 310 CMR 15.303, therefore the system fails. The system owner should contact the Board of Health to determine what will be necessary to correct the failure. E) Large Systems: To be considered a large system the system must serve a facility with a design flow of 10,000 gpd to 15,000 gpd. For large systems, you must indicate either"yes"or"no"to each of the following, in addition to the questions in Section D. Yes No ❑ ❑ the system is within 400 feet of a surface drinking water supply ❑ ❑ the system is within 200 feet of a tributary to a surface drinking water supply ❑ ❑ the system is located in a nitrogen sensitive area(Interim Wellhead Protection Area—IWPA)or a mapped Zone II of a public water supply well If you have answered"yes"to any question in Section E the system is considered a significant threat, or answered "yes" in Section D above the large system has failed. The owner or operator of any large system considered a significant threat under Section E or failed under Section D shall upgrade the system in accordance with 310 CMR 15.304. The system owner should contact the appropriate regional office of the Department. t5ins•3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 5 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments wM 390 Elliott Road Property Address Jensett Corp. Owner Owner's Name information is required for every Centerville Ma 02632 9/5/2016 & 10/4/2016 page. Cityfrown State Zip Code Date of Inspection C. Checklist Check if the following have been done. You must indicate"yes" or"no"as to each of the following: Yes. No ❑ ® Pumping information was provided by the owner, occupant, or Board of Health ❑ ® Were any of the system components pumped out in the previous two weeks? ❑ ® Has the system received normal flows in the previous two week period? ❑ ® Have large volumes of water been introduced to the system recently or as part of this inspection? ® ❑ Were as built plans of the system obtained and examined?(If they were not available note as N/A) ® ❑ Was the facility or dwelling inspected for signs of sewage back up? ® ❑ Was the site inspected for signs of break out? ® ❑ Were all system components, excluding the SAS, located on site? ® ❑ Were the septic tank manholes uncovered, opened, and the interior of the tank inspected for the condition of the baffles or tees, material of construction, dimensions, depth of liquid, depth of sludge and depth of scum? ® ❑ Was the facility owner(and occupants if different from owner) provided with information on the proper maintenance of subsurface sewage disposal systems? The size and location of the Soil Absorption System (SAS) on the site has been determined based on: ® ❑ Existing information. For example, a plan at the Board of Health. ® ❑ Determined in the field (if any of the failure criteria related to Part C is at issue approximation of distance is unacceptable) [310 CM 15.302(5)] D. System Information Residential Flow Conditions: Number of bedrooms(design): 4 Number of bedrooms(actual). 4 DESIGN flow based on 310 CMR 15.203(for example: 110 gpd x#of bedrooms): 440 gpd t5ins•3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 6 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments M 390 Elliott Road Property Address Jensett Corp. Owner Owner's Name information is required for every Centerville Ma 02632 9/5/2016 & 10/4/2016 page. Cityrrown State Zip Code Date of Inspection D. System Information Description: Number of current residents: 0 Does residence have a garbage grinder? ❑ Yes ® No Is laundry on a separate sewage system? (Include laundry system inspection ❑ Yes ® No information in this report.) Laundry system inspected? ❑ Yes ® No Seasonaluse? ❑ Yes ® No Water meter readings, if available(last 2 years usage(gpd)): Detail: Sump pump? ❑ Yes ® No Last date of occupancy: vacant 6+months Commercial/Industrial Flow Conditions: Type of Establishment: Design flow(based on 310 CMR 15.203): Gallons per day(gpd) Basis of design flow(seats/persons/sq.ft., etc.): Grease trap present? ❑ Yes ❑ No Industrial waste holding tank present? ❑ Yes ❑ No Non-sanitary waste discharged to the Title 5 system? ❑ Yes ❑ No Water meter readings, if available: t5ins•3113 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 7 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments M 390 Elliott Road Property Address Jensett Corp. Owner Owner's Name information is required for every Centerville Ma 02632 9/5/2016 & 10/4/2016 page. City/Town State Zip Code Date of Inspection D. System Information (cont.) Last date of occupancy/use: Date Other(describe below): General Information Pumping Records: Source of information: Was system pumped as part of the inspection? ❑ Yes ® No If yes, volume pumped: gallons How was quantity pumped determined? Reason for pumping: Type of System: ® Septic tank, distribution box, soil absorption system ❑ Single cesspool ❑ Overflow cesspool ❑ Privy ❑ Shared system (yes or no) (if yes, attach previous inspection records, if any) ❑ Innovative/Alternative technology. Attach a copy of the current operation and maintenance contract(to be obtained from system owner)and a copy of latest inspection of the I/A system by system operator under contract ❑ Tight tank.Attach a copy of the DEP approval. ❑ Other(describe): t5ins-3113 Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 8 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments M 390 Elliott Road Property Address Jensett Corp. Owner Owner's Name information is required for every Centerville Ma 02632 9/5/2016& 10/4/2016 page. Cityrrown State Zip Code Date of Inspection D. System Information (cont.) Approximate age of all components, date installed (if known) and source of information: Original system system installed 1977 per town records Were sewage odors detected when arriving at the site? ❑ Yes ® No Building Sewer(locate on site plan): Depth below grade: 1.5 feet Material of construction: ❑ cast iron ®40 PVC ❑ other(explain): Distance from private water supply well or suction line: feet Comments(on condition of joints, venting, evidence of leakage, etc.): Joint were ok, no leaks, vented through the roof Septic Tank(locate on site plan): Depth below grade: 1feet Material of construction: ® concrete ❑ metal ❑fiberglass ❑ polyethylene ❑ other(explain) If tank is metal, list age: years Is age confirmed by a Certificate of Compliance? (attach a copy of certificate) ❑ Yes ❑ No Dimensions: 1500 gallons Sludge depth: 6" t5ins-3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 9 of 17 I Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments M 390 Elliott Road Property Address Jensett Corp. Owner Owner's Name information is required for every Centerville Ma 02632 9/5/2016 & 10/4/2016 page. City/Town State Zip Code Date of Inspection D. System Information (cont.) Septic Tank(cont.) Distance from top of sludge to bottom of outlet tee or baffle 3" Scum thickness 3" Distance from top of scum to top of outlet tee or baffle 6" Distance from bottom of scum to bottom of outlet tee or baffle 10" How were dimensions determined? opened covers, tookmeasurements Comments(on pumping recommendations, inlet and outlet tee or baffle condition, structural integrity, liquid levels as related to outlet invert, evidence of leakage, etc.): Tank should be cleaned soon and again every 2-3 years for proper maintenance. Water level was even with outlet, tank was structurally sound. Grease Trap(locate on site plan): Depth below grade: feet Material of construction: ❑concrete ❑ metal ❑fiberglass ❑ polyethylene ❑ other(explain): Dimensions: Scum thickness Distance from top of scum to top of outlet tee or baffle Distance from bottom of scum to bottom of outlet tee or baffle Date of last pumping: Date t5ins-3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 10 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments M 390 Elliott Road Property Address Jensett Corp. Owner Owner's Name information is required for every Centerville Ma 02632 9/5/2016& 10/4/2016 page. Cityrrown State Zip Code Date of Inspection D. System Information (cont.) Comments(on pumping recommendations, inlet and outlet tee or baffle condition, structural integrity, liquid levels as related to outlet invert, evidence of leakage, etc.): Tight or Holding Tank(tank must be pumped at time of inspection) (locate on site plan): Depth below grade: Material of construction: ❑ concrete ❑ metal ❑ fiberglass ❑ polyethylene ❑ other(explain): Dimensions: Capacity: gallons Design Flow: gallons per day Alarm present: ❑ Yes ❑ No Alarm level: Alarm in working order: ❑ Yes ❑ No Date of last pumping: Date Comments(condition of alarm and float switches, etc.): *Attach copy of current pumping contract(required). Is copy attached? ❑ Yes ❑ No t5ins•3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 11 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments ,M 390 Elliott Road Property Address Jensett Corp. Owner Owner's Name information is Centerville Ma 02632 9/5/2016 & 10/4/2016 required for every page. Cityrrown State Zip Code Date of Inspection D. System Information (cont.) Distribution Box(if present must be opened) (locate on site plan): Depth of liquid level above outlet invert 0" Comments(note if box is level and distribution to outlets equal, any evidence of solids carryover, any evidence of leakage into or out of box, etc.): Distribution box was replaced for this inspection, permit#2016-346 Pump Chamber(locate on site plan): Pumps in working order: ❑ Yes ❑ No* Alarms in working order: ❑ Yes ❑ No* Comments(note condition of pump chamber, condition of pumps and appurtenances, etc.): "If pumps or alarms are not in working order, system is a conditional pass. Soil Absorption System (SAS) (locate on site plan, excavation not required): If SAS not located, explain why: t5ins•3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 12 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments M 390 Elliott Road Property Address Jensett Corp. Owner Owner's Name information is required for every Centerville Ma 02632 9/5/2016& 10/4/2016 page. City/Town State Zip Code Date of Inspection D. System Information (cont.) Type: ® leaching pits number: 2 ❑ leaching chambers number: ❑ leaching galleries number: ❑ leaching trenches number, length: ❑ leaching fields number, dimensions: ❑ overflow cesspool number: ❑ innovative/alternative system Type/name of technology: Comments(note condition of soil, signs of hydraulic failure, level of ponding, damp soil, condition of vegetation, etc.): Syatem consists of 2 precast leach pits. Pit#5 was found with 1'of standing water and a stain line 2' from inlet pipe. Pit#4 was found to be dry with no obvious stain lines. This would indicate that pit#5 has received all of the flow during the systems lifespan. I Cesspools (cesspool must be pumped as part of inspection) (locate on site plan): Number and configuration Depth—top of liquid to inlet invert Depth of solids layer Depth of scum layer Dimensions of cesspool Materials of construction Indication of groundwater inflow ❑ Yes ❑ No t5ins•3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 13 of 17 f Commonwealth of Massachusetts w Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments M , 390 Elliott Road Property Address Jensett Corp. Owner Owners Name information is required for every Centerville Ma 02632 9/5/2016 & 10/4/2016 page. Cityrrown State Zip Code Date of Inspection D. System Information (cont.) Comments (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.): Privy (locate on site plan): Materials of construction: Dimensions Depth of solids Comments(note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.): t5ins•3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 14 of 17 I Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 390 Elliott Road Property Address Jensett Corp. Owner Owner's Name information is required for every Centerville Ma 02632 9/5/2016 & 10/4/2016 page. CityrFown State Zip Code Date of Inspection D. System Information (cont.) Sketch Of Sewage Disposal System: Provide a view of the sewage disposal system, including ties to at least two permanent reference landmarks or benchmarks. Locate all wells within 100 feet. Locate where public water supply enters the building. Check one of the boxes below: ® hand-sketch in the area below ❑ drawing attached separately (oi4 I .A E c o � of - 0 2 ,4 ( 197 6 !3 1 3 z A2 Z5- 3 16 � ,y 3i f3 K 3y 83 yo AS y2 I t5ins-3113 Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 15 of 17 Commonwealth of Massachusetts w W Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments M 390 Elliott Road Property Address Jensett Corp. Owner Owners Name information is required for every Centerville Ma 02632 9/5/2016 & 10/4/2016 page. Cityfrown State Zip Code Date of Inspection D. System Information (cont.) Site Exam: ❑ Check Slope ❑ Surface water ❑ Check cellar ❑ Shallow wells Estimated depth to high ground water: 12'+ feet Please indicate all methods used to determine the high ground water elevation: ❑ Obtained from system design plans on record If checked, date of design plan reviewed: Date ❑ Observed site(abutting property/observation hole within 150 feet of SAS) ❑ Checked with local Board of Health-explain: ❑ Checked with local excavators, installers-(attach documentation) ❑ Accessed USGS database-explain: You must describe how you established the high ground water elevation: Groundwater elevation was determined by accessing Town of Barnstable groundwater contour map. Before filing this Inspection Report, please see Report Completeness Checklist on next page. t5ins•3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 16 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments M 390 Elliott Road Property Address Jensett Corp. Owner Owner's Name information is required for every Centerville Ma 02632 9/5/2016 & 10/4/2016 page. Cityrrown State Zip Code Date of Inspection E. Report Completeness Checklist ® Inspection Summary: A, B, C, D, or E checked ® Inspection Summary D (System Failure Criteria Applicable to All Systems)completed ® System Information—Estimated depth to high groundwater ® Sketch of Sewage Disposal System either drawn on page 15 or attached in separate file t5ins•3113 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 17 of 17 s i 16 - �q- o No. 04V Fee THE COMMONWEALTH OF MASSACHUSETTS Entered in computer: Yes PUBLIC HEALTH DIVISION - TOWN OF BARNSTABLE, MASSACHUSETTS 0[ppliLation for Vsposal *pstrm Construction 3permit Application for a Permit to Construct( Repair( ) Upgrade( ) Abandon( ) ❑Complete System ❑Individual Components Location Address or Lot No. ,Q jO'jw/ner's Name,Address,and Tel.No. Assessor's Map/Parcel f ce l'V� ��l fv;�►e /� 1Soyx SE#1 M" I1�staI1er's N�e,Address,and Tel.No. Designer's�Name,Address,and Tel.No. 6f`�iA 455 /✓,}'Cava+,�n 39 � R,°✓�Q�rngy(fre /V Type of Building: Dwelling No.of Bedrooms Lot Size sq.ft. Garbage Grinder( ) Other Type of Building No.of Persons Showers( ) Cafeteria( ) Other Fixtures Design Flow(min.required) gpd Design flow providedAZIT_ gpd Plan Date Number of sheets Revision Date Title Size of Septic Tank Type of S.A.S. Description of Soil Nature of Repairs or Alterations(Answer when applicable) /]GUj o 130Y Re.1je lacemeitk Date last inspected: Agreement: The undersigned agrees to ensure the construction and maintenance of the afore described on-site sewage disposal system in accordance with the provisions of Title 5 of En ' ornamental Code an of place the system in operation until a Certificate of Compliance has been issued by this Boar alth. r t— Signed A Date hi D �m Application Approved by Date f 6—e{ Application Disapproved by Date for the following reasons Permit No. O�� Date Issued 6— No. a01 , qfo Y _ Fee _--c/ THE COMMONWEALTH OF MASSACHUSETTS Entered in computer: Yes PUBLIC HEALTH DIVISION - TOWN OF-BARNSTABLE, MASSACHUSETTS application for -Misposal 6pstem Construction,,j3Prtnit Application for a Permit to Construct( Repair( ) Upgrade( ) Abandon( ) ❑Complete;System ❑Individual Components Location Address or Lot No. C / ZZ Owner's Name,Address,and Tel.No. Assessor's Map/Parcel FO G/'i C),L gvt r ref h oy\ Ij�staller's N/e,Address,and Tel.No. Designer's Name Address,and Tel.No. /tk �aH (c�u#.;•n 39 8Q� vP( �G�nG� /�7G5(rre Type of Building: .-.Dwelling No.of Bedrooms y Lot Size sq.ft. Garbage Grinder( ) Other Type of Building No.of Persons Showers( ) Cafeteria( ) Other Fixtures Design Flow(min.required) IV gpd Design flow provided gpd Plan Date Number of sheets Revision Date Title Size of Septic Tank Type of S.A.S. Description of Soil Nature of Repairs or Alterations(Answer when applicable) 13 c)y Re PlaC o rn v n Date last inspected: Agreement: The undersigned agrees to ensure the construction and maintenance of the afore described on-site sewage disposal system in accordance with the provisions of Title 5 o�AIE nv'onmental Code a2ot place the system in operation until a Certificate of Compliance has been issued by this Boar alth. r Signed A Date /,6 0 (� .Application Approved by Date 16—q i Application Disapproved by Date for the following reasons ' Permit No. C -Date Issued G- --------------------------------------------------------------------------------------------------------------------------------------- THE COMMONWEALTH OF MASSACHUSETTS BARNSTABLE,MASSACHUSETTS Vj ' v Crrtificate of Comptiance THIS IS TO CERTIFY,that the On-site Sewage Disposal system Constructed( ) Repaired( ) Upgraded( ) Abandoned( )by nn n /� 0 at ✓L 0+ has been constructed in accordance r with the provisions of Title 5 and the for Disposal System Construction Permit No.�6—in,46 dated 4 2—`'1/ — 6—5 Installer A Designer #bedrooms /v/ Approved desi n-flow gpd The issuance of this perm' shall not be construed as a guarantee that the system willction as designed. S Date o Ll j Inspector � r ------------------------------------------------------------------------------- No. �d I y / Fee THE COMMONWEALTH OF MASSACHUSETTS PUBLIC HEALTH DIVISION-BARNSTABLE,MASSACHUSETTS misposai *p7'. (Construction VPrmit Permission is hereby granted to Constru ) epa ( Upgrade( ) Abandon( ) System located at and as described in the above Application for Disposal System Construction Permit. The applicant recognized his/her duty to comply with Title 5 and the following local provisions or special conditions. Provided:Construction must be ccom ted within three years of the date of this permit . Date G y V Approved by AsBuilt �` Page 1 of 1 LOCATION SEWAGE PERMIT NO. 402 it y0 Z71ZIOT VILLAGE GFit, E. INSTALLER'S NAME & ADDRESS XXA,4 r.44'LE 6URDER OR OWNER DATE PERMIT ISSUED '_ _ 77 DATE COMPLIANCE ISSUED /fro 6Ai- tAtiy /poo 64 �/7-5 Iz — http://issgl2/Intranet/propdata/prebuilt.aspx.mapparq—1 10/4/2016 DEED RESTRICTION WHEREAS, The Jensett Corporation of (owners name) 504 Mistic Drive . Marstons Mills MA 02645 (address) is the owner of 390 Elliott Road - located (address) at Centerville MA 02632 MA (hereinafter referred to as and being shown on a plan entitled "Subdivision of Land in Centerville MA, Property of et al, duly recorded in Barnstable County Registry of Deeds in Plan Book 305 , Pages 42 & 44 Or on Land Court Plan Number WHEREAS, The Jensett 'Corporation as the owner of said lot has (owners name) agreed with the Town of Barnstable Board of Health to a restriction as to the number of bedrooms which can be included in any home built on said lot as a pre-condition to obtaining a disposal works construction permit in compliance with 310 CMR 15.000 State Environmental Code, Title V, Minimum Requirements for.the Subsurface Disposal of Sanitary Sewage; WHEREAS, the Town of Barnstable Board of Health, as a pre-condition to granting a disposal works construction permit for a septic system in compliance with 310 CMR 15.200, State Environmental Code, Title V, Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, and authorizing the issuance of a building permit for the construction of a single family home on this property, is requiring that the agreement for the restriction on the number of bedrooms in any house constructed on the lot be put on record with the Barnstable County Registry of Deeds by recording this document, C:\Uses\Deconik\AppData.\L4czl\Mcrosoft\Windows\T®porary Internet Files\ContcatOutlook\2PIOIDHR\DEID Restrict sample.DOc COMMONAVEALTH OF MASSACHUSETTS _ EXECUTIVE OFFICE OF E\VIRONME\TAL AFFAIRS DEPARTMENT OF E'��'IROX'�IE\TAL PROTECTION ONE WVINTER STREET. BOSTON. MA 02108 617•292-5:00 W ILLIAM F.WELD ��,, 7KL'D1 C0)M Govemc ��•, ! s >e retan ARGEO PAUL CELLL'CCI DAVID B.STR�L'HS Lt.Governor SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM IS' Commiss`oncr CERTIFICATION T V .S 99? Property Address; Address of Owner: ~p rty ��� ��t�o� � Cs�I �l��. Date of Inspection: �,1,11 k\-1� , ' (If different) w aB�F Name of Inspector: �{,cc�a Q � E�6-C��1 r, 1 am a DEP approved system inspector pursuant to Section 15.340 of Title 5 (310 CMR 15.000) Company Name:/}/6r H-,Lt•c E4 rr'r'��.1 0"P H--,�/ 9 Mailing Address: R Q f3e,,c e 35?Gf H i ga4e 2 H .49-© 2-C4-9r Telephone Number. r•Se2�2 L& Zy 7__ CERTIFICATION STATEMENT I certify that I have personally inspected the sewage disposal system at this address and tha. the information reported beloN is true, accurate and complete as of the time of inspection. The inspection %as performed baser on my training and experience to the proper function and maintenance of on-site sewage dtsposa; systems. The system: Passes _ Concioonaii\ Passes Neeas Further Evaluation By t oval Approving Authority Fa. Inspector's Signature: Date: T.,e Systerr Insoecor sha!' submit a copy of this inspection report to the Approving Authorir% within thirty (30) days of completing this inspection. If the system is a shared system o, has a design floe of 10,000 gpd or greater, the inspector and the system owner shall submit the report to the appropriate regional office of the Department of Environmental Protection.. The orig:na! should be sent to the system owner and copies t i, to the buyer, if applicable, and the approving authorin. INSPECTION SUMMARY: Check A, B, C, Or D: Al SYSTEM PASSES: 1 have not found any information which indicates that the system violates any of the failure criteria as defined in 310 CMR 15.303. Any failure criteria not evaluated are indicated below. . COMMENTS: BI SYSTEM CONDITIONALLY PASSES: One or more system components as described in the "Conditional Pass" section need to be replaced or repaired. The system, upon completion of the replacement or repair, as approved by the Board of Health, will pass. Indicate yes, no, or not determined (Y, N, or NDr. Describe basis of determination in all instances. If"not determined", explain why not. The septic tank is metal, unless the owner or operator has provided the system inspector with a copy of a Certificate of Compliance (attached) indicating that the tank was installed within twenty (20) years prior to the date of the inspection; or the septic tank, whether or not metal, is cracked, structurally unsound, shows substantial infiltration or exfiltration, or tank failure is imminent. The system will pass inspection if the existing septic tank is replaced with a conforming septic tank as approved by the Board of Health. _ (reviaod 04/25197) Page 1 of 30 DEo on the wand Wide Wed h!w.1i ww magnet state ma.uslaec > Pnnted on Recycaed Pace, � o SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION (continued) ' Property Addr4ss: Owner: Date of Inspection: B) SYSTEM CONDITIONALLY PASSES tconunund Sewage backup or breakout or high static water level observed in the distribution box is due to broken or obstructed pipes) or due to a broken, settled or uneven distribution box. The system will pass inspection if(with approval of the Board of Health). Describe observations: broken pipe(s) are replaced obstruction is removed distribution box is levelled or replaced The system required pumping more than four times a year due to broken or obstructed pipe(s). The system will pass inspection if twith approval of the Board of Health): broken pipe(s) are replaced obstruction is removed C) FURTHER EVALUATION IS REQUIRED BY THE BOARD OF HEALTH: Conditions exist which require further evaluation by the Board of Health in order to determine if the system is failing to protect the public health, safety and the environment. 1) SYSTEM WILL PASS UNLESS BOARD OF HEALTH DETERMINES THAT THE SYSTEM IS NOT FUNCTIONING IN A MANNER WHICH WILL PROTECT THE PUBLIC HEALTH AND SAFETY AND THE ENVIRONMENT: Cesspool or pri-,1 is within 50 feet of a surface water Cesspool or priv\ is within 50 feet of a bordering vegetated wetland or a salt marsh. 2) SYSTEM WILL FAIL UNLESS THE BOARD OF HEALTH (AND PUBLIC WATER SUPPLIER, IF APPROPRIATE) DETERMINES THAT THE SYSTEM IS FUNCTIONING IN A MANNER THAT PROTECTS THE PUBLIC HEALTH AND SAFETY AND THE ENVIRONMENT: The system has a septic tank and soil absorptions stem (SAS) and the SAS is within 100 feet to a surface water supply_ P Y PP Y or. tributary to a surface water supply. The system has a septic tank and soil absorption system and the SAS is within a Zone I of a public water sup,)ry well. The system has a septic tank and soil absorption system and the SAS is within 50 feet of a private water supply well. The system has a septic tank and soil absorption system and the SAS is less than 100 feet but 50 feet or more from a private water supply well, unless a well water analysis for coliform bacteria and volatile organic compounds indicates that the well is free from pollution from that facility and the presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5 ppm. Method used to determine distance (approximation not valid). 3) OTHER (revised 04;79/9') Page 2 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION (continued) Property Address: Owner: Date of Inspection: DJ SYSTEM FAILS: You must indicate either "Yes" or "No' as to each of the following: I have determined that the system violates one or more of the following failure criteria as defined in 310 CMR 15.303. The bans for this determination is identified below. The Board of Health should be contacted to determine what will be necessary to correct the failure. Yes No Backup of sewage into facility or system component due to an overloaded or clogged SAS or cesspool. Discharge or ponding of effluent to the surface of the ground or surface waters due to an overloaded or clogged SAS or cesspool. Static liquid level in the distribution boa above outlet invert due to an overloaded or clogged SAS or cesspool. Liquid depth in cesspool is less than 6" below invert or available volume is less than 1/2 day floe. Required pumping more than 4 times in the last year NOT due to clogged or obstructed pipes.. Number o'times pumped _ Any portion of the Soil Absorption 5vstem, cesspool or pricy is below the high groundwater eievat,on Ary por„on of a cesspool or privy is within 100 feet of a surface water suppiv or tributary to a surface water supply. Any pomon of a cesspoo' or privy is within a Zone I of a public well. An,. portion of a cesspool or pnvti• is within 50 feet of a private water supply well Any por,,or: o'a cesspool or privy is less than 100 feet but greater than 50 feet from a private water supply well with no acceptable water qualm analysis. If the well has been analyzed to be acceptable, anach cop% of well water anaivsis for coliform bacter12. volatile organic compounds, ammonia nitrogen and nitrate nitrogen. E] LARGE SYSTEM FAILS: You must indicate either "Yes' or "N. o" as to each of the following: The following criteria appi\, to large systems in addition to the criteria above: The system serves a facilir\ with a design flow of 10,000 gpd or greater (Large System; and the system is a significant threat to public hea!th and safety and the environment because one or more of the following conditions exist: Yes No . the system is within 400 feet of a surface drinking water supply the system is within 200 feet of a tributary to a surface drinking water supply the system is located in a nitrogen sensitive area (Interim Wellhead Protection Area - IWPA) or a mapped Zone II of a public water supply well) The owner or operator of any such system shall bring the system and facility into full compliance with the groundwater treatment program requirements of 314 CMR 5.00 and 6.00. Please consult the local regional office of the Department for further information. (revised 04/25/97) page 3 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART B CHECKLIST Property Addr-ess:q' Owner: 1; tk �1"o Date of Inspection: Check if the following have been done: You must indicate either "Yes" or "No" as to each of the following: Yes No Yes _ Pumping information was provided by the owner, occupant, or Board of Health. _ None of the system components have been pumped for at least two weeks and the system has been receiving normal flow rates during that period. Large volumes of water have not been introduced into the system recently or as part of this inspection. As built plans have been obtained and examined. Note if they are not available with N/A. The facdm or dwelling was inspected for signs of sewage back-up. _ The s,.•stem does not receive non-sanitary or industrial waste flow. The site \,+as inspected for signs of breakout. _ All system components. excluding the Soil .Absorption System, have been located on the site. The septic tank manhoies were uncovered. opened. and the interior of the septic tank was inspected for condition of baffies or tees. materia� o- construction. dimensions, depth of liquid, depth of sludge, depth of scum. The size and location of the Soil Absorption Svstem on the site has been determined based on: The fac!i,t\ o\�ne• tano occupants. if cliherent from owrieri were provided with information on the proper maintenance of Sub-Suriace Disposal Svstem. ° Existing rniormation. Ex. Plan at B.O.H. _ De-,ermined in the field of an,. of the failure criteria related to Part C is at issue, approximation of distance is unacceptabie (15.3013)tll (revised 04/25/51) Page 4 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FOR.Ni PART C SYSTEM INFORMATION i Property Address: 3clo o (10 Owner:56A N b Date of Ihspection: Ott I�7 FLOW CONDITIONS RESIDENTIAL: Design floes g.p.d.!bedroom for S.A�S Number of bedrooms 1 Number o'current residents Garbage g,;:der (yes or no:!:� Laundry core^ected to syste (yes or no!� . Seasonal use tyes or no+:: Water meter readings, if available (last two Q; year usage tgpd): T Sump Pump (ves or no): Last date of occupancy cQVO) COMMERCtAL'INDUSTRIAL• Type of establishment Design fio%% _ga!ionsida% Grease trap present. Ives or no Industna! Taste Holding Tank present. Ives or no :on-sanitan Haste discharged to the Title 5 sysem. ;ves or no %later meter readings. if availabie Las:flare o; o cupanc, OTHER: Describe Last oate of occucanc. GENERAL INFORMATION PUMPING RECORDS and source of rnformau r, System pumped as par, of inspection: (veS or no._ If yes, volume pumped gallons Reason for pumping TYPE OF SYSTEM Septic tank/distribution box/soil absorption system Single cesspool Overflow cesspool Prn� Shared system (yes or no) (if yes, attach previous inspection records, if any) I/A Technologv etc. Copy of up to date contract? Other APPROXIMATE AGE of all components, date installed (if known) and source of information: } �[ 0 to Qs' Sewage odors detected when arriving at the site. (yes or no)LJO (revised 04/25/91) page 5 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTIOti FORM PART C SYSTEM INFORMATION (continued) Property Address: 390 SU l01— Owner:5woo-j v Date of Inspection: ����L�o`^ BUILDING SEWER: „ (Locate on site plan) �Jb Depth below grade. Material of construction: _cast iron _40 PVC _other (explain) Distance from private water supply well or suction li-t Diameter Comments: (condition of joints, venting, evidence of leakage, etc.) SEPTIC TANK:_ (locate on site plan Depth below grade Material of construction: _concrete _meta _Fioerglass Polyethylene _othertexplarn If tank is metal, Its: age _ Is age con',;rmec b% Cen;f,ca.e of Compuance _(`res`No Dimensions g .t Sludge depth it Dtsiance from top o: sludge to bosom of outie: tee o, ba le Scum thickness A Distance from top of scum to top of outlet tee or ba"ie Distance from bottom of scum to boom o* outlet ee or ba .e Flow dimensions were determines Comments. trecommendation for pumping. condition of inlet and outlet tees or baffles, depth of liquid level in relation to o let invert, structural integrity, evidence of leakage. e:c.t t (` dunN IL GREASE TRAP: (locate on site plan; Depth below grade: Material of construction. _concrete _metal Fiberglass _Polyethylene —other(explain) Dimensions: Scum thickness: Distance from top of scum to top of outlet tee or baffle. Distance from bottom of scum to bottom of outlet tee or baffle: Date of last pumping: Comments: (recommendation for pumping, condition of inlet and outlet tees or baffles, depth of liquid level in relation to outlet invert, structural n fl k . integrity, evidence o leakage, etc; (revised 04/25:97) Page 6 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C c, SYSTEM INFORMATION (continued) Properh Address: Owner. Se.�JaN(�) Date of Inspection:(`,t ll,h) TIGHT OR HOLDING TANK:7ank must be pumped prior to, or at time, of inspections (locate on site plan, Depth below grade. Material of construction. _concrete _metal _Fiberglass _Polyethylene —other(explain) Dimensions: Capacit : gallons Design floe. galionsda, Alarm level Alarm to %%orking order _ Yes, _ No Date of previous pu?nping Comments. (condition of inlet tee. condition, os a!arm and float switches, etc.) DISTRIBUTION BOK:_ (locate on site plan 7 Depth of Iiouid level above outie: irne':1? � 60—w- 3f\�k1 \Comments—to if eve! and-disci ut,or. is eoua . ev den f s lids carryover, evidence of 1 kage into or out of box, etc PUMP CHAMBER:±4 (locate on site plan. Pumps in working order: (Yes or No' Alarms in working order (lees or No- Comments: (note condition of pump chamber, condition of pumps and appurtenances, etc.) (revised 04/29/97) page 7 of 10 h SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM ,PART C SYSTEM INFORMATION (continued) Propertl Addr-ss: 3� f IUIT Owner. r'j0 Date of Inspection: t t SOIL ABSORPTION SYSTEM`(SAS):_ (locate on site.pian, if possible; exca.ation not required. but may be approximated by non-intrusive methodsi If not determined to be present, explain: Type; leaching pits. number. leaching chambers, number:_ leaching galleries, number: leaching trenches, number,length: leaching fields, number, dirnension.s. overflow cesspool, number Alternative system !game of Techno)og.: Comments. mote condo on of soi', signs of hycj,-ulic failure, level of ondin , cond�ti of veg ion, tc.) IT y CESSPOOLS: (locate on site play Numbe, and config-jra:-or Depth-top of liquid to inlet Inver, Depth of solids lave- Depth of scum layer. Dimensions of cesspool Materials of construction Indication of groundwater inflow (cesspool must be pumpeC as par, of inspection.� Comments: (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.) PRIVY;P6 (locate oA site plan) Materials of construction: Dimensions: Depth of solids: Comments: (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.) (revised 04;25/97) Page 8 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address: 390 �1� ►� Owner: rjekkkvl10 Date of Inspection: SKETCH OF SEWAGE DISPOSAL SYSTEM: include ties to at least two permanent references landmarks or benchmarks locate all wells within 100' (locate where public water supply comes into house) J (S) S I '2 4r �3 , 3p (revised 04/25/57) page 9 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address 990 ( � 1 O Owner:13evcohi 3 Date of Inspeciion: 4 Depth to Groundwater Feet Please indicate all the methods used to determine High Groundwater Elevation: Obtained from Design Plans on record ;Observation of Site (Abutting property, observation hole, basement sump etc.) Determine it from local conditions Cnec� with Iota! Board o- nea!t^ Check FE.MA Maos Check pumping records Check Iota! excavators. installers Use L SCS Da:a r• Describe in voir.o% -. r+oral r.o•.% \o:: established the High Groundwater Elevation. (Must be completed: v. S a c�10 I yr vac s�C �� S ( (-td�10 it � ��v-� tzav:aad 04,'25'5-. Paga 10 of 10 Town of Barnstable Barnstable Board of Health snrtrisrastE, MASS g 200 Main Street, Hyannis MA 02601 2007 ATf���a Office: 508-862-4644 Wayne Miller,M.D. FAX: 508-790-6304 Paul Canniff,D.M.D. Junichi Sawayanagi November 30, 2015 Attorney Kristen S. Rufo La Tanzi, Spaulding, and Landreth, P.C. 8 Cardinal Lane P.O. Box 2300 Orleans, MA 02653 RE: Estate of William Longstreth/Underground Fuel Storage Tank 390 Elliott Road, Centerville, MA Dear Ms. Rufo, At the September 8, 2015 meeting of the Board of Health, the Board voted to grant your client a six (6) month extension to remove the underground fuel storage tank at 390 Elliot Road, Centerville. The tank shall be removed on or before March 8, 2016. We are in receipt of an e-mail from you dated July 24, 2015 and a letter from you dated September 8, 2015 indicating that your client needs the additional time because there are/were very difficult tenants in possession of the premises. You stated that you had commenced litigation and obtained a judgement of possession to remove the tenants. However, the tenants appealed that judgement and your client had pending litigation before the Appeals Court to remove the tenants from the property at that time. The personal representative of the estate, Broadway National Bank, requests a six month continuance to remove the tank. During the hearing, you testified six months is requested to remove the fuel storage tank. Thank you for attending the hearing and working with us to resolve this matter. Please let us know if you should need any assistance in this regard. Sincer yours, Wayne M' ler, M.D. Q:\WPFILE \RufoLongstreth390E11iottRoad2015.doc Chairman Q:\WPFILES\RufoLongstreth390E11iottRoad2015.doc 4 La Tanzi Spaulding Landreth, P.C. 8 Cardinal Lane P.O.Box 2300 Orleans,MA 02653 T:508.255.2133 F: 508.255.3786 www.lat-nzi.com September 8, 2015 VIA HAND DELIVERY Barnstable Board of Health Town Hall Hearing Room, Second Floor 367 Main Street o Hyannis, MA 02601 RE: Estate of William Stacy Longstreth; 390 Elliott Road, Centerville, Massachusetts; Removal of Underground Fuel Tank; Board of Health Meeting, September 8, 2015. Dear Members of the Barnstable Board of Health: This law office represents Broadway National Bank, the Personal Representative ("PR") of the Estate of William Stacy Longstreth ("Estate"). On or about July 2, 2015, the PR received a final notice to remove an underground fuel tank from the premises at 390 Elliot Road, Centerville, MA ("the premises"). The PR is not in receipt of a prior notice relative to the fuel tank. William Longstreth ("the decedent") died on October 30, 2012. At the time of the decedent's death, tenants at will Camille Sawyer, Christian Sawyer and Miriam Sawyer resided at the premises. The tenants were unwanted house guests who refuse to voluntarily vacate the premises. Since the decedent's death, the PR has been engaged in costly and protracted litigation in the Barnstable Probate Court, the Barnstable District Court and the Appeals Court in an effort to remove the tenants from the premises.' The PR requests a 6 month continuance, from this date, to remove the The litigation has proceeded as follows: 6/28/13; PR obtains a preliminary injunction that prevents the tenants from removing the decedent's personal property from the premises during the eviction. 7/2/13: PR serves a 90 day Notice to Quit. 10/28/13: PR files a Summary Process Complaint and trial date is set. 11/22/13: Probate Court denies tenant's motion to vacate the preliminary injunction. 12/5/13: PR awarded judgment of possession following bench trial. 1/21/14:Tenants appeal Judgment of Possession. 2/26/14: PR obtains permanent injunction protecting decedent's tangible personal property. 2/27/14: Tenant's appeal permanent injunction. Pending. 8/5/15: Appeals Court dismisses tenant's appeal of judgment of possession. �ec�a��eac�w S�cce 1969 underground fuel tank from the premises. The PR anticipates that it will recover ® possession of the premises within that time period. The PR has taken steps to investigate the removal of the fuel tank. On August 18, 2015, the PR received a written estimate from Clean Harbors Environmental Services, Inc., of Braintree, to remove the fuel tank, See Exhibit A. On August 4, 2014, the PR received a written estimate from Global Remediation, of East Taunton, to remove the fuel tank. See Exhibit B. The PR's undersigned counsel wrote to the tenant's attorney Anthony Alva, Esq. on July 24, 2015 and on July 29, 2015 to forward the notice regarding removal of the fuel tank, to inquire regarding whether the fuel tank is operational, and to request access to the property. See Exhibit C. Attorney Alva did not respond to these communications. Absent Court order, the PR cannot access the property to conduct the magnitude of work required to remove the tank until it obtains possession of the premises and removes the tenants from the property. Accordingly, the PR, by and through its undersigned counsel, respectfully requests a six month continuance of its obligation to remove the underground fuel tank from the subject premises. Very truly yours, Kristen S. Rufo Enc. cc: Anthony Alva, Esq. Sara J. Kohls, Esq. 2 ��ec�cr��ecrcow s 1969 I 1 Lle n H a r bor Clean Harbors Environmental Services,Inc. I Hill Avenue Braintree,MA 02184 www.cleanharbors.com August 18, 2015 Attn: Ms. Alison Quinn La Tanzi Spaulding & Landreth PC 8 Cardinal Lane PO Box 2300 Orleans, MA 02653 Quote #2229049,Estate Of William Longstreth, Centerville, MA Dear Ms. Quinn: Thank you for considering Clean Harbors Environmental Services, Inc. for your environmental service needs. We provide a broad range of environmental services including hazardous and non-hazardous waste transportation and disposal, laboratory chemical packing, emergency response, field services and industrial maintenance. We are pleased to provide this proposal based on the scope of work outlined below. We offer our clients a broad spectrum of environmental services and the ability to dispose of hazardous material at or through a Clean Harbors' owned and operated facility. In addition to managing your waste streams, a Clean`Harbors'professional can assist you with: • Waste Transportation &Disposal • 24-Hour Environmental Emergency Response • Laboratory Chemical Packing • Industrial Services • Field Services • InSite Services I look forward to servicing your environmental needs. When you are ready to place an order, please contact our Customer Service group at 800.444.4244. If you have any questions or need further assistance, you may reach me at the number below. Sincerely, Ha E Davidson Harry Jr 781-803-4138 office 617-839-7087 cell � EXHIBIT A --- a. -::"I'eople ein(J Technolu"I 0-(,wim CleanHarbor5 August 18, 2015 Page 2 of 9 Clean Harbors, Quote#2229049 QUOTE CONDITIONS Prior to completing the cleaning and removal of(1) 1000 gallon single wall steel tank, CHES field crews will perform all Health and Safety related tasks as directed by the local CHES H&S Representative and any site specific regulations pertinent to your facility. An on site safety meeting will be conducted and documented. CHES crews will set up the area as required, and properly cordon off the site to prohibit unauthorized access. Prior to execution, our CHES crew will communicate with your on site representatives to ensure site conditions are as expected, pre mark excavation for dig safe,obtain entry into basement to confirm fuel lines to and from tank are as expected. Dig safe marking and entry into basement will need to be done at least 3 days prior to excavation work.Once dig safe and fuel lines inspection is complete,obtain permit from Fire Dept and proceed with project. After the appropriate approvals, field crews will complete the following: • Perform appropriate monitoring and ventilation procedures.around tank as required • Pump remaining product into:vacuum truck • Perform a wash down and decon of tank *Transfer rinsate and waste solids to drums or vacuum unit *Remove fuel lines and tank *Backfill excavation • Manifest and label waste for disposal The proposal is based on the following assumptions and site conditions. Any work which falls outside of the assumptions will constitute work beyond the intended scope and be completed upon mutually satisfactory terms. 1. Tank contents,line location and dig safe premark all need to be complete before starting excavation. 2. Water and electricity are available on site. 3. Clean Harbors is not responsible for walkway,front steps,sprinkler system any unmarked utilities damaged during excavation nor replacement of the above. 4. Excavation will be backfilled to grade and site raked out, restoration of area not included in proposal. 5. A representitive is on site or available to sign all paperwork or an"agent for letter" is obtained, 6. Removal of contaminated soil is not included in proposal. y .. '/cople crud ?_c.�caatrt>tr.i�;;- C.'�r�cr�trr,�r rr Su���r, t'Ic�aner l.;/r�-iri�rrnevrt leanHarb or August 18, 2015 Page 3 of 9 Clean Harbors, Quote#2229049 QUOTE SUMMARY ASK 1: REMOVAL OF 1000 GALLON OIL TANK $3,700.00 ASK 2: OIL AND WATER TO MURPHYS $500.00 Subtotal $4,200.00 Estimated Recovery Fee $462.00 QUOTE TOTAL $4,662.00 "I'<�n��le nrri:f i c�c�li�r�lr.��,r7% [.'r�rr��ur;� a S't.�Ji:•r-, C.leri.mcr 1;n'-rrurrrri��r� CleanHarbor5 August 18, 2015 Page 4 of 9 Clean Harbors, Quote#2229049 . TASK 1: REMOVAL OF 1000 GALLON OIL TANK TASK 1: TOTAL LABOR, EQUIPMENT, AND MAT ERIAL $3,7 00.00 Estimated Recovery Fee . $407.00 Estimated total,including Fees $4,107.00 TASK 2: OIL AND WATER TO MURPHYS DISPOSAL o 'rice. 606M 2. IMU513 OIL AND WATER $0.54/.gallon' 'The following minimum price(s)will apply: Profile/Waste Code Uom Minimum Price MU5B/A32 load $500.00 TRANSPORTATION WASTE CLASSIFICATIONS SPECIFICATIONS MUSB OIL AND WATER Non-detectable concentration of PCB's Organic Halogen less than 1,000 ppm pH between 2-12.5 Must be petroleum-based oil(greater than 5000 BTUs/lb) No pesticides Flash point greater than 100°F Cannot be mixed with other hazardous waste Total Cadmium less than 2 ppm Total Chrome less than 10 ppm Total Arsenic less than 5 ppm Total Lead less than 10 ppm Less than one inch of solid in the drum Greater than 5 percent water PRIMARY DISPOSAL METHOD: OIL RECOVERY/WASTEWATER TREATMENT �`: "I'eo/ale cr/ic/7c<caartolu l% C'rciili)r,t; a S t J/T. C'/c�i:rrrc�l L /rvr;ur/rnt�l�/" Clean& or August 18, 2015 Page 5 of 9 Clean Harbors, Quote #2229049 GENERAL CONDITIONS • Except where superseded by an existing services agreement the following terms and conditions apply to this quoted business. • The customer hereby acknowledges that the estimated cost is based upon a preliminary appraisal by a Clean Harbors Field Representative, and that the amount invoiced by Clean Harbors will be based upon labor and materials actually expended in perfonning the scope of work. Any changes in the scope will be billed on a time and materials basis. • Clean Harbors guarantees to hold these prices finn for 60 days. • Tenns: Net 15 Days • For work to begin we ask that you acknowledge the quotation with a signature and provide the appropriate purchase order number. Where modifications to the scope of services become necessary, Clean Harbors will notify the customer promptly and obtain customer authorization for such modifications and a revised contract price will be established in order to finish the project. • This proposal is contingent on the customer providing full and complete access to the site. Customer represents and warrants to Clean Harbors that the customer has the legal right, title and interest necessary to provide access to.the site. In addition, customer warrants that it has supplied Clean Harbors complete and .accurate information regarding the site, subsurface conditions, utility locations, site ownership, hazardous materials or wastes and other substances or hazards likely to be present and any other reports, documentation or information concerning the scope of work. • Interest will be charged at 1.5% per month or the maximum allowed by law for all past due amounts. • Local, state and federal fees/taxes applying to the generating location/receiving facilities are not included,in disposal.pricing and will be added to each invoice as applicable. • Materials subject to additional charges if they do not conform to the listed specifications. • Electronically submitted profiles will be approved at no charge. Paper profiles will be charged at $75.00 each. • Clean Harbors supports many invoice delivery options (E-mail, Electronic Invoicing, EDI, Etc.). Pricing is based on Clean Harbors' standard invoice delivery method of E-mail. If another delivery method is required there could be an additional service fee per invoice. Any alternate delivery methods must be reviewed and approved by Clean Harbors prior to acceptance and implementation. • A variable Recovery Fee (that fluctuates with the DOE national average diesel price), currently at 11.0%, will be applied to the total invoice. For more information regarding our recovery fee calculation please go to: www.cleanharbors.com/recoveryfee. Pickups that require same day or next day service may be subject to additional charges. • Pickups cancelled within 72 hours of scheduling will be subject to cancellation charges. • Transportation charges to the final disposal facility will be charged in addition to local transportation to our truck to truck hub/local facility and will vary with logistics and routing. "I'cw�llcz f.11lCJ lL'.C:J711Ulo: J• Cn?o!ing c7 :Su (.7c TICI I Y1VU'U17J'1'K'771" CleanHar' r August 18, 2015 Page 6 of 9 Clean Harbors, Quote #2229049 GENERAL CONDITIONS • Time over eight (8) hours in the nonnal workday and all day Saturday is considered overtime and will be billed at 1.5 times the applicable straight time rate for all billable personnel unless otherwise quoted. Sunday and Holidays are considered premium time and will be billed at 2.0 times the applicable straight time rate for all billable personnel unless otherwise quoted. • This proposal is submitted contingent upon the right to negotiate mutually acceptable contract terns and conditions, which are reflective of the work contemplated, and an equitable distribution of the risks involved therein. In the event.that such agreement cannot be reached, Clean Harbors reserves the right to decline to enter into such an agreement without prejudice or penalty. • In the event that legal or other action is required to collect unpaid invoice balances, Customer agrees to pay all costs of collection, including reasonable attorneys' fees, and agrees to the jurisdiction of the Commonwealth of Massachusetts. rchnolo",I: ( rcurrn,tt o Sq/r r. ncr .1. rrc rrcrnrnc'n " i CleanHar or August 18, 2015 Page 7 of 9 Clean Harbors, Quote#2229049 ACKNOWLEDGEMENT Your signature below indicates your acceptance of the pricing and terms detailed in the quote above, and the Field Services Agreement in the following pages. Thank you for the opportunity to be of service. CUSTOMER'S AUTHORIZED Clean Harbors Environmental Services, Inc. REPRESENTATIVE OR AGENT Signature Signature Print Name Print Name Date Date Phone Purchase Order Number Customer Insurance Carrier w I'ei�plc<wid Tec:hnokg4y C're u�in. a 's'gfer: Clcwner Fnvil-oprncr;l" CleanHarbor5 August 18, 2015 Page 8 of 9 Clean Harbors, Quote #2229049 FIELD SERVICES AGREEMENT The Customer acknowledges that the estimated cost is based on a preliminary on-site appraisal by the Clean Harbors Environmental Services, Inc.("Clean Harbors") field representative and that the amount invoiced by Clean Harbors will be based on labor and materials actually expended in performing the Scope of Work. Any changes in the Scope of Work will be billed in addition to the estimated cost specified above. Customer hereby assigns to Clean Harbors all rights to any insurance payments that Customer may be entitled to receive to pay for the Services provided under this Field Services Agreement and hereby authorizes its insurance company or agent to pay Clean Harbors directly.Customer agrees that all charges that are not paid to Clean Harbors by its insurance company will be paid by the Customer. This Field Services Agreement establishes the terms and conditions under which Clean Harbors agrees to provide,and Customer agrees to pay for,Services. In consideration of the mutual covenants contained herein,and for other good consideration,the receipt and sufficiency of which is hereby acknowledged, the parties have caused this Agreement to be executed by their duly authorized representative as of the date first written below. STANDARD TERMS AND CONDITIONS 1. Clean Harbors shall provide all labor, materials, tools, equipment and subcontracted items necessary to perform the Services described in the Scope of Work.Clean Harbors represents that it is properly licensed,possesses the requisite skills and shall perform the work in a professional and workmanlike manner. 2. Customer shall provide full and complete information regarding the site, surface and subsurface conditions, utility locations, site ownership, contractor access, hazardous materials or wastes and other substances or hazards likely to be present and any other reports,documentation or information concerning the site or Scope of Work which may reasonably be provided to Clean Harbors. Customer represents and warrants to Clean Harbors that Customer has the requisite legal right,title,and interest necessary to provide access to the job site. 3. Clean Harbors shall procure and maintain at its own.expense during the term of this Agreement the following insurance coverages: Worker's Compensation: Statutory Employer's Liability: $2,000,000 General Commercial Liability: $2 million per occurrence $4 million aggregate Automobile: $5 million combined single limit Contractors Pollution Liability: $10 million each Claim $10 million all Claims The Customer agrees that Clean Harbors, liability under this Agreement and Scope of Work shall not exceed the value of this contract,or the amount paid to Clean Harbors by Customer,whichever is less. 4. The payment terms set forth herein are contingent upon the approval of Clean Harbors' Credit Department. In the event of a change in Customer's financial condition,Clean Harbors reserves the right to alter,change,or modify payment terns,and to immediately stop work.The failure of Clean Harbors to exercise its rights under this article at any time shall not constitute a waiver of Clean Harbors'continuing right to do so. Payment of the total estimated cost is required prior to performance of any service by Clean Harbors unless other payment terms have been established by the parties. Clean Harbors'standard terms of payment to approved accounts are net fifteen(15)days from the date of invoice.Interest shall accrue at the rate of one and one half(1.5%)percent per month,or at the maximum rate allowed by law,after fifteen(15)days. In the event that legal or other action is required to collect unpaid balances or invoices,Customer agrees to pay all costs of collection, including reasonable attorneys' fees, which may be incurred by Clean Harbors."Legal or other action"as used above shall include bankruptcy and insolvency proceedings. Customer's obligation to pay the amounts due pursuant to this Agreement shall not be conditioned upon or limited by the types, amounts or availability of Customer's insurance. Customer agrees to pay Clean Harbors in accordance with Clean Harbors' published Rate Schedule ("Rates") for any litigation support or testimony provided by Clean Harbors in connection with,or arising out of,the work performed by Clean Harbors hereunder. 5. In the event that work is suspended or terminated for any reason prior to the completion of the Scope of Work,Customer agrees to pay for labor, equipment,materials,disposal and other costs incurred by Clean Harbors at the Rates and for reasonable demobilization costs. 6. Customer agrees that Clean Harbors shall not be responsible for pre-existing contamination at the job location,natural resource damage,or for indirect,incidental,consequential or special damages,including loss of use or lost profits,resulting from or arising out of the performance of the Scope of Work by Clean Harbors,its employees,agents and/or subcontractors. 7. The performance of this Agreement,except for the payment of money for Services already rendered,may be suspended by either party in the event performance of this Agreement is prevented by a cause or causes beyond the reasonable control of such parties.Such causes shall include but not be limited to:acts of God,acts of war,riot,fire,explosion,accidents,inclement weather or sabotage,lack of adequate fuel,power,raw materials, labor or transportation facilities;changes in government laws, regulations,orders,or defense requirements; restraining orders, labor disputes,strike,lock-out or injunction(provided that neither party shall be required to settle a labor dispute against its own best judgment).The party which is prevented from performing by a cause beyond its reasonable control shall use its best efforts to eliminate such cause or event. `''`ITS'<ip/c and Technolu,; p t:./erc';lirr a,S'u i r, Clta net 1 r;vi'r�.,nrrnrlll" CleanHarb'or August 18, 2015 Page 9 of 9 Clean Harbors, Quote#2229049 STANDARD TERMS AND CONDITIONS 8. Clean Harbors agrees to indemnify,save harmless and defend the Customer,its parent,subsidiary and affiliated companies and their respective directors,officers,employees,agents and assigns from and against any and all losses,liabilities,claims,penalties,forfeitures,suits,and the cost and expenses incident thereto(including cost of defense,settlement and reasonable attorneys,fees)which Customer may hereafter incur,become responsible for or pay out as a result of death or bodily injuries to any person,destruction or damage to any property,contamination of or adverse effects on the environment or any violation of applicable federal,state and local laws,regulations,by-laws or ordinances to the extent caused by: (1) Clean Harbors' breach of any term or provision of this Agreement, or (2) the negligence or willful misconduct of Clean Harbors, its employees or agents in the performance of this Agreement. Customer agrees to indemnify, save harmless and defend Clean Harbors, its parent, subsidiary and affiliated companies and their respective directors,officers,employees,agents and assigns from and against any and all losses liabilities,claims,penalties,forfeitures,suits,and the costs and expenses incident thereto(including costs of defense,settlement and reasonable attorneys' fees)which Clean Harbors may hereafter incur, become responsible for or pay out as a result of death or bodily injuries to any person,destruction or damage to any property,contamination or adverse effects on the environment,or any violation of applicable federal,state and local laws,regulations, by-laws or ordinances to the extent caused by: (1)Customer's breach of any term or provision of this Agreement,or(2)the negligence or willful misconduct of the Customer, its employees or agents in the performance of this Agreement. Neither party shall be liable to the other for indirect,incidental,consequential,or special damages,including loss of use or lost profits. 9. The terms and conditions of this Agreement and Scope of Work and any Clean Harbors change orders.orClean Harbors'daily work sheets signed by both parties constitute the entire agreement between the parties. Additional, conflicting or different terms on any Purchase Order or other preprinted documents issued by Customer shall be void and are hereby expressly rejected by Clean Harbors. In the event that any portion of this Agreement is invalidated for any reason,the parties agree that all other provisions of this Agreement shall remain in force and effect. 10, Customer's representative or agent represents and warrants to Clean Harbors that it is duly authorized to execute this Agreement on Customer's behalf. 11. The validity, interpretation and performance of this Agreement shall be governed and construed in accordance with the Laws of the Commonwealth of Massachusetts and the parties agree to submit to the jurisdiction of the courts of the Commonwealth of Massachusetts for any disputes arising under this Agreement. Teoy.)le and ec:hnolon y Crt:w/ing o Ch.wnew 1;nvironincill 700 Richmond Street, East Taunton, MA 02718 508-828-1005 Fx: 508-824-2486 August 4,2015 Latanzi,Spaulding and Landreth PC 8 Cardinal Lane Orleans, MA 02653 RE: Underground Oil Storage Tank Removal/Disposal 390 Elliott Road Centerville,MA Dear Ms. Quinn: Global Remediation Services ("Global") is pleased to offer our services in strict accordance with all applicable federal,state and local regulations. (Global) is pleased to present this updated quote for the permitting,excavation,cleaning,removal and proper disposal of one (1000 gallon) underground#2 oil storage tank located at the above referenced property in Centerville, MA. Based upon our most recent site inspection,Global proposes to conduct the following: • Global will obtain Dig Safe#and underground oil storage tank removal permit from the Centerville-Osterville Marstons Mills (COMM) Fire Department; • Global will have the water shut off at the street and will cut the irrigation system (which runs over the tank area); • Global will excavate the tank utilizing a PC 75 and Operator and a Skid Steer and Operator. • Global will cut open the top of the tank and will conduct an OSHA approved Confined Space Entry (CSE) and clean the interior of the tank; • Global will vacuum out all remaining oil sludge from the interior of the tank and will evacuate and cut the lines coming from the tank. • Global will manifest all residual oil sludge/liquid and properly dispose of this material at a licensed disposal facility. • Once the tank is emptied and cleaned, Global will lift and remove the existing tank and associated piping. The tank will be loaded onto a trailer while in the driveway so as to minimize any impacts to the Stone stairway and/or stone wall areas. EXHIBIT B a i W X%k Jr/ %�W.I/v 700 Richmond Street, East Taunton, MA 02718 508-828-1005 Fx: 508-824-2486 • Global will coordinate and oversee the COMM Fire Department Inspection; • Global will import clean backfill to the site and will backfill and compact the excavated tank area' • Global will load, transport and dispose of the existing tank to a certified scrap yard; • Global will process the Fire Department permit. COST OF SERVICES Desch hon: Uriit.>.Price- Total 01 Global will provide labor and equipment to LS $ 6,850.00 $ 6,850.00 excavate,pump,clean,remove and dispose of up to 1000 gallon underground oil tank and back fill to grade 02 COMM Fire Department Permit 1 TBD TBD 03 Disposal of residual oil/sludge $550.00 $550.00 550.00 minimum disposal) disposal disposal h r � TERMS &CONDITIONS • GLOBAL will have free and easy access to the work area. • *The quantities presented herein are estimates only. Billing will be based upon actual quantities encountered in the field, • Costs assume a$550.00 minimum disposal of residual oil. • Costs do not include the relocation of any utilities other than the cutting of the irrigation line; • Costs include backfill to grade only-no other landscaping/restoration is included. • All work will be performed during normal business hours of 7:00 am-4:00 pm; • Additional costs may be incurred due to off spec wastes or rejected loads. • GLOBAL's payment terms are COD upon completion of the project.. • This quotation is valid for 30 days. • Any delays incurred beyond the control of(Global) will be billed at Time & Materials rates If you have any questions regarding this quotation or would like further information on our services,please feel free to call me at 508-828-1005 or.617-592-6991. Sincerely, Heather M.Atwood Heather M. Atwood General Manager �=-« 700 Richmond Street, East Taunton, MA 02718 508-828-1005 Fx: 508-824-2486 PROPOSAL ACCE PTANCE The above pricing and assumptions/conditions are satisfactory and hereby accepted. I am commissioning this work as an authorized Representative of("The Owner"). Payment will be made as outlined in this proposal. My signature denotes a legal and binding contract. Client agrees to the above"assumptions/conditions" and assumes full responsibility for payment, including all off-specification surcharges,payment collection actions and associated fees. Signature Date Print Name Purchase Order No. From: Kristen Rufo Sent: Wednesday, July 29, 2015 9:55 AM To: 'Anthony Alva' Cc: Alison L. Quinn Subject: FW: Estate of William Longstreth; 390 Elliot Road, Centerville Dear Anthony: Please be advised that Global Remediation will be on site, at the exterior of the premises at 390 Elliot Road, briefly today or tomorrow for the purpose of preparing an estimate regarding the cost to remove the fuel tank. At your earliest convenience, please respond regarding the questions posed below. Thank you. Kristen S. Rufo, Esq. La Tanzi, Spaulding & Landreth, P.C. 8 Cardinal Lane; P.O. Box 2300 Orleans, MA 02653 (508)255-2133 (508)255-3786 (fax) krufoCo)latanzi.com This email message and any files transmitted with it contain PRIVILEGED AND CONFIDENTIAL INFORMATION and are intended only for the person(s) to whom this email message is addressed. As such, they are subject to attorney-client privilege and you are hereby notified that any dissemination or copying of the information received in this email message is strictly prohibited. If you have received this email message in error, please notify the sender immediately by telephone or email and destroy the original message without making a copy. Thank you. From: Kristen Rufo Sent: Friday, July 24, 2015 2:37 PM To: 'Anthony Alva' Subject: Estate of William Longstreth; 390 Elliot Road, Centerville Dear Anthony: In furtherance of our telephone conversation this afternoon, attached please find the notice received from the Town of Barnstable indicating that the underground Fuel and Chemical Storage Tank must be removed. When you return from your vacation, would you please let me know whether the underground storage tank at issue currently provides oil to the home and whether the removal would render the home without heat or whether there is a functioning oil tank in the basement. Secondly, if the Storage Tank is non-functioning and will not affect heat or hot water to the home, would you please advise whether your clients have any objection to the Estate complying with the order to remove the tank at this time. ElIBIT C Thank you. Kristen Kristen S. Rufo, Esq. La Tanzi, Spaulding & Landreth, P.C. 8 Cardinal Lane; P.O. Box 2300 Orleans, MA 02653 (508)255-2133 (508)255-3786 (fax) krufoalatanzi.com This email message and any files transmitted with it contain PRIVILEGED AND CONFIDENTIAL INFORMATION and are intended only for the person(s) to whom this email message is addressed. As such, they are subject to attorney-client privilege and you are hereby notified that any dissemination or copying of the information received in this email message is strictly prohibited. If you have received this email message in error, please notify the sender immediately by telephone or email and destroy the original message without making a copy. Thank you. r �io� P,�4.ZcQ 4 �OFTHE Tp� Town of Barnstable P ~ Regulatory Services Barnstable an MASSSs Richard V. Scali, Director Af,flmerica City 1639. ,��' Public Health Division 11111 ATEp�,�a Thomas McKean, Director Zoos 200 Main Street Hyannis, MA 02601 Office: 508--8�.�62-4644 Fax: 508-790-6304 4 July 2, 2015 LONGSTRETH,WILLIAM ESTATE OF INDUSTRY CONSULTING GROUP PO BOX 8265 WITCHITA FALLS, TX 76307-8265 RE: Underground Storage Tank 390 ELLIOTT ROAD Centerville Map/Parcel: 227140 Tank Number: 1 Tag Number: UNK FINAL NOTICE Board of Health records indicate that an underground fuel(or chemical) storage tank at the above location exceeds thirty(30)years in age and has not yet been removed as required by the Town of Barnstable Code Chapter 326, Section 3,Fuel and Chemical Storage Tanks. You are directed to remove this tank. Upon completion of the tank removal, please submit to this office a copy of the pen-nit for storage tank removal issued by your local Fire Department. This permit is required to be obtained prior to the tank removal. This copy of the removal permit serves as documentation that the underground storage tank was properly removed and disposed of. Should you be unaware of the existence of the above mentioned tank or its possible previous removal, an independent third party(i.e. oil company,tank removal company, or environmental services company) may be able to assist you in physically locating and/or verifying the current existence of the tank. Should this be the case, a written document from the independent third parry is required as verification that the tank had been previously removed and/or does not exist. Failure to comply with this second and FINAL order of the Board of Health will result in automatic scheduling of a hearing before the Board at the next available public meeting, which will be August 18, 2015. The meeting will begin at 3:00 PM and will be located at Barnstable Town Hall, 367 Main Street, Hyannis,MA 02601. NOTE: The July Board of Health meeting date was changed. Therefore,this issue will be addressed at the August.180' meeting instead. Thomas A. McKean,RS,CHO Public Health Division,Director QAHazmat\Underground Tanks\2015\letters sent 070215-FINAL NOTICE00 yr old UST 390 Elliott Rd CENT.doc Message Page 1 of 1 Lavelle, Timothy From: McKean, Thomas on behalf of Health Sent: Monday, July 27, 2015 11:12 AM To: Lavelle, Timothy Subject: FW: Estate of William Longstreth; 390 Elliot Road, Centerville, - FYI - -----Original Message----- From: Kristen Rufo [mailto:KRufo@latanzi.com] Sent: Friday, July 24, 2015 5:15 PM To: Crocker, Sharon Cc: Health Subject: Estate.of William Longstreth; 390 Elliot Road, Centerville Dear Ms. Crocker: This law office represents the Estate of William Longstreth. I am writing relative to the attached notice to remove a fuel tank at 390 Elliot Road, Centerville. I spoke with Thomas McKean earlier today and explained that there are presently very difficult tenants in possession of the premises. We have commenced litigation and obtained a judgment of possession to remove the tenants. The tenants have appealed that judgment; we have pending litigation before the Appeals Court to remove the tenants from the property. I wish to appear at the hearing to explain the situation and discuss a reasonable time line for my clients to remove the tank, considering the necessity of securing possession of the premises. I have a conflict on August 18, 2015. Mr. McKean told me that there is a hearing available on September 8, 2015 at 3:00 p.m. Would you kindly schedule this matter for a hearing on September 8, 2015? Please respond to this e-mail at your earliest convenience to confirm that my attendance on September 8th is acceptable. Also, would you kindly copy me on all future correspondence relative to this matter as the Personal Representative did not receive the first notice referenced in your July 2, 2015 notice. Thank you. Very truly yours, Kristen S. Rufo, Esq. La Tanzi, Spaulding& Landreth, P.C. . 8 Cardinal Lane; P.O. Box 2300 Orleans, MA.02653 (508)255-2133 (508)255-3786 (fax) krufo(@Iatanzi.com This email message and any files transmitted with it contain PRIVILEGED AND CONFIDENTIAL INFORMATION and.are intended only for the person(s) to whom this email message is addressed. As such, they are subject to attorney-client privilege and you are hereby notified that any dissemination or copying of the information received in this email message is strictly prohibited. If you have received this email message in error, please notify the sender immediately by telephone or email and destroy the original message without making a copy. Thank you. E '7 R 015 Page 1 of 1 Crocker, Sharon From: Kristen Rufo [KRufo@latanzi.com] Sent: Friday, July 24, 2015 5:15 PM To: Crocker, Sharon Cc: Health Subject: Estate of William Longstreth; 390 Elliot-'Rcad,'Centerville--:!�, Dear Ms. Crocker: This law office represents the Estate of William Longstreth. I am writing relative to the attached notice to remove a fuel tank at 390 Elliot Road, Centerville. I spoke with Thomas McKean earlier today and explained that there are presently very difficult tenants in possession of the premises. We have commenced litigation and obtained a judgment of possession to remove the tenants. The tenants have appealed that judgment; we have pending litigation before the Appeals Court to remove the tenants from the property. I wish to appear at the hearing to explain the situation and discuss a reasonable time line for my clients to remove the tank, considering the necessity of securing possession of the premises. I have a conflict on August 18, 2015. Mr. McKean told me that there is a hearing available on September 8, 2015 at 3:00 p.m. Would you kindly schedule this matter for a hearing on September 8, 2015? Please respond to this e-mail at your earliest convenience to confirm that my,attendance-on September.8th-�is:a cC eptable. Also,would you kind ly-copy.me,on_all future:correspondence relative toahis_matter-as.the Personal Representative di= d_not receive the first notice referenced in your July 2, 2015 notice. Thank you. Very truly yours, Kristen S. Rufo, Esq. La Tanzi, Spaulding & Landreth, P.C. 8 Cardinal Lane; P.O. Box 2300 Orleans, MA 02653 (508)255-2133 (508)255-3786 (fax) ckr_6fo(@latanzi`com- This email message and any files transmitted with it contain PRIVILEGED AND CONFIDENTIAL INFORMATION and are intended only for the person(s)to whom this email message is addressed. As such, they are subject to attorney-client privilege and you are hereby notified that any dissemination or copying of the information received in this email message is strictly prohibited. If you have received this email message in error, please notify the sender immediately by telephone or email and destroy the original message without making a copy. Thank you. 7/24/2015 °FIRE T°wy Town of Barnstable Barnstable rt Board of Health M SS """"e`68C"" t• BAILNSTAF3LE, 1 1 A . Q O D 200 Main Street, Hyannis MA 02601 Aj 0. 2007 OFFICE: 508-862-4644 Wayne Miller,M.D. FAX: 508-790-6304 Paul Canniff,D.M.D. Junichi Sawayanagi Kristen Rufo, Esq. La Tanzi, Spaulding & Landreth, PC , Estate of Wm.Longstreth„ PO Box 2300 Orleeans, MA 02653 EMAIL: krufo@lantanzi.com ACKNOWLEDGEMENT OF RECEIPT: September 1, 2015 Tou are to appear before the Board of Yfeafthfor a hearing regarding non-compliance of removal of underground storage tankat: 390 ECliott Wpad Centerville, �V1A, as per the Public Yfealth Division letter dated jufy 2, 2015. Thankyou. Your.item is scheduled to be heard at the Board of Health Meeting on the: Date of: Tuesday, September 8; 2015 Meeting Location: Town Hall, 367 Main St, Hyannis Hearing Room, Second Floor Time: 3:00- 6:00 P.M. Approximately three days prior to meeting, an agenda will be sent out to you— once it is available. It will also be available on line at the town website: www.town.barnstable.ma.us Go to ..."Boards & Committees > Board of Health - or- Go to Official Agendas Any questions, please call Sharon Crocker at 508-862-4739. Thank you. QAAGENDAS BOH\let Receipt of BOH Submission 390 Elliott Rd Cent Sep2015.doc t °F�HEt°wy Town of Barnstable Barnstable IlARNSTABLE, Board of Health ""k"o1C8CRY 9 MASS. 0 Dmr o°ATEb MAt aka 200 Main Street, Hyannis MA 02601 2007 OFFICE: 508-862-4644 Wayne Miller,M.D. FAX: 508-790-6304 Paul Canniff,D.M.D. Junichi Sawayanagi Estate of William Longstreth, 390 Elliot Road, Centerville Email: kmfo@latanzi.com ACKNOWLEDGEMENT OF RECEIPT: July 27, 2015 We have received your submission to the 0oard of Yfeafth Re: 390 Elliot 9?oad, Centerviffe requesting a hearing on the removal of your underground tank 2hankyou. Your item is scheduled to be heard at the Board of Health Meeting on the: Date of: Tuesday, September 8, 2015 Meeting Location: Town Hall, 367 Main St, Hyannis Hearing Room, Second Floor Time: 3:00—6:00 P.M. Approximately three days prior to meeting, an agenda will be sent out to you— once it is available. It will also be available on line at the town website: www.town.barnstable.ma.us Go to ..."Boards & Committees > Board of Health - or - Go to Official Age da s Any questions, please call Sharon Crocker at 508-862-4739. Thank you. j QAAGENDAS BOH\let Receipt of BOH Submission 390 Elliot Rd Cent Aug2015.doc � r No. °2 D:�- { F��...... ........... THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH __ .... ... .....OF......................................................................................... Appliratiun -for Uiapwial Works Towitrnrtion Vaniff Application is hereby'made for a Permit to Construct ( ) or Repair ( ) an Individual Sewage Disposal System.at: _ Location:Address �__ or Lot No. Owner Address W ------V-t--lam 2� ............ .. ...... -•---- --••- _i .t .t l- ,-.------------------------------------ Installer Address d Type of Building_.-- Size Lot... :... . ..._p...Sq. feet v Dwellin No. of Bedrooms--------- -------------------------------Expansion Attic (M.) Garbage Grinder1.4 ( " a4 Other—Type of Building ............................ No. of persons------.------.-------------. Showers ( ) — Cafeteria ( ) 04 W Design Flow..Other rtures ------_ ._.__gallons per person per day. Total dail flow.:.-_ .....................gallons. i' � WSeptic I anh Liquid capacity ._-..gallons Length-----�-..-.-- Width-. . Diameter................ Depth.------._------ x Disposal Trench—No..................... Width.................... Total Length..........--•.------ Total leaching area--------------------sq;,ft. Seepage Pit No--------------------- Diameter.................... Depth below, inlet..... __-._..... Total leaching area............ it. z Other Distribution box ( ) Dosing tank ( ) �� I— �- �/—7 T ,,f.. s ~' Percolation Test Results Performed b Date.---.----..-�------------------------- a Y---_ -------- ,� Test Pit No. 1................minutes per inch Depth of "hest Pit.....--._.----_--- Depth to ground water...---_............_-. fi, Test Pit No. 2----------------minutes per inch Depth of Test Pit...--------.-------. Depth to ground water.-----_--.------------. W ---------- ....X ........-.--. �... -- ---... Description sf Soil !�_...1.. ---- ---------' ------ k''� p �` --•-------•---- •......... d f[-l .- IL .- - - W UNature of Repairs or Alterations—Answer when applicable................................................................................................ •----••-•--------------•-•---------------------------------••--•--•-•--• -----------••--•-----•--••-•----••-------------------------•-•-••------•-••--------------------------------------------•----... Agreement: The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of Article XI of the State Sanitary Code— The undersigned further agrees not to place the system in operation until a Certificate of Compliance has been issued by the board of healtl Signed------ -- ----------------------•- - ---------- ---- Date Application Approved BY . �a �i� -----------------------� Date Application Disapproved for the following reasons:--•----------------•-----------•----•--•-----•-------•-••--•-•--•----------------••---•----•-••---- ------------ ---•-•--••---•----------------------------------------------•------------••--•••----•----- -- Date PermitNo........................................................ Issued---------------------- ................................. Date o�.» t ! THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH Applirtttion -fur Bi-quoml Workii Tonstrurtiun Puniit Application is hereby.'made for a Permit to Construct ( ) or Repair ( ) an Individual Sewage Disposal Systemat: � ----------------------•-••------.....•--••- .......................................... ......../-- Location- r+-Address � J or Lot No. Owner I Address W --•-•-�...t' .-l►�... ------ * -• ----_-----_--_•._- _.....!F,� _t�'�,t ��-'�---:�- Installer Address d Type of Buildin �. Size Lot_._ feet V Dwellin No. of Bedrooms_.-------...............................Expansion Attic�. dj Garbage Grinder aOther—Type of Building -----::....:................ No. of persons..._`-_-_-.___-___-_--:__.-. Showers ( ) — Cafeteria ( ) 0.i Othe xtiires _______________ _____ __ _ w Design Flo _. gallons per person p r day. Total dail flow...... _ gallons. WSeptic T:uik Liquid capacity _gallons Length..... ......... Width._ Diameter:__....._......_ Depth-----.----_----. x Disposal Trench—No-____________________ Width-------------------- Total Length....................Total leaching area.............-------sq. ft. Seepage Pit No___________ _________ Diameter--------------:----- Depth belo inlet____.__ Total leaching area.__..___________sq. it. Z Other Distribution box ( ) Dosing tank ( ) rd . ��f aPercolation Test Results Performed bY------_--................................................................... Date------------------------------ --------- a Test Pit No. 1________________minutes per inch Depth of Test Pit..........•......... Depth to ground water------:-------:_-.----. CL, Test Pit No. 2................minutes per inch Depth of T ez�t Pit................... Depth to ground water------------------------ ------- - ------------------- -- Description f Soil. f +n V 9 ----------' --- ...i ------------------ is w UNature of Repairs or Alterations—Answer when applicable --_-._ -. ' �:.-------------------- ------------•-------••-•------•- Agreement The undersigned agrees to install the aforedescribed Individual Sewage.Disposal System m accordance with the provisions of Article XI of the State Sanitary Code—The undersigned further agrees not to place the system in �k. operation"until a Certificate of Compliance has been issued by the.board of heal' ;. Signed. .... .................•-----------'------------• -------------------------------- Date Application Approved4 , ' •--•-. ..B , . Date Application,Disapproved for the following reasons::_. `::::.................................................. ................................................... ••--••--------------------- -•--•-.........._•----•---•------. Date PermitNo.................-----------------=-------------------- Issued...................... ................................. Date THEe COMMONWEALTH OF MASSACHUSETTS. ' BOARD OF HEAL H ....... ........................... 011rrtifirate of TOmpliatta Ir IS.,TO CERT-WY., That the Individual Sewage Disposal System constructed (4-�or Repaired ( ) by...- an. a----- -------------------------------------•------------- il a i ----------- ----- A t ......./!. '1.. ®----------------------- has been installed in"accoidance with the provisions of _' XI of The State Sanitary Code as described in the application for Disposal Works Construction Permit No .___ 90__'x______________ dated...07 �_.-77........._......_.... THE;"ISSUANCE OF THIS CERTIFICATE SHALL. NOT BE CONSTRUED)I.AS A GUARANTEE THAT THE SYSTEWWILL FUNCTION SATISFACTORY. DATE.-------•----------------------------------------------- Inspector..,. . F ...._....-... ----- >�-- THE COMMONWEALTH OF MASSACHUSETTS BOARD HEALTH ...............OF....: w " 11 ...........----......... 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