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0942 WEST MAIN STREET UNIT BLDG 1 UNIT 1 - Health
942 WEST MAIN STREET - West Side Place Centerville ?� � ,. .� �" �. s _ .,,..• -' � ` , � ,. t ,�, .. U' � ' � .. ... 1 1 � , .. � '/ t�j. i R. � � . ' I n. � 1 �. ' ' (�' 1 �.t� L� ��' r •I (r.�r ' 'n. F �' '�. i' �«,� ti t f, 1 �, i t i a ,\ f' 1 i • �'�". y i \__"' � � .. 1 ki `� � ��r W"�+;y�F.d"!.�e �n , �l' ...i. . � ' � ' 1� t 1�'.1 ' + ''I .S� u �� Y.... it 1 Y�� :w y PERMIT FEE THE COMMONWEALTH OF MASSACHUSETTS 29 5 DO -----------------TOI^7N.... of......BARNSTABLE - - - Board of Health This is to Certify that --------RIN.1 ..BRiaS K---C.ONDOMIRIM,................................................ NAME West Main Street....-_Hyannis j Massachusetts --••-----•--••-•------------------- ADDRESS IS HEREBY GRANTED A PERMIT To Operate a Public, Semi-Public Swimming or Wading Pool At ..........................= West Main Street ....................................................-....................................................................................................................... -------------------------------------------•-------------------------------------------------------------....------------------------------------------------------------••. This permit is granted in conformity with Article VI of the `Sanitary Code of The Commonwealth of Massachusetts, and expires ...........December-_ ............... unless sooner suspended or revoked. ...Robert---L-...Childs------•-- ----------•--------•---- E ...Ann..1an!!e... shbauqh.------•---�-------------------- Board June 19 7 3 Gera 1d... ,Gd. Hazard M.D. of I •------------------------------••---------..........-------------------•----•-----•-- Health 1rBY -,+ - -----•-------------------- ` FORM 1712 HOBBS& WARREN, INC. hn AA• Tle7 Ly A `nt as 1'i f� .1. Cl {+ ! THE COMMONNVEALT•H OF MASSA.CHUSETTS` I , OF .... .. . I �t BOARD OF HEALTH APPLICATION FOR A_PERMIT TO OPERATE A SWIMMING POOL I�d7 9f i f ii • '.,. ..,h "- ,CApplication is hereby made for '-a permit to operate a public, semi-public, or wading q ';p.00l. This pool is to be operated according to the minimum standards for swimming pools set forth in Article VI of the Sanitary Code of the Commonwealth of Massachusetts. q0 �I4rR �. �� ��� d\/ f TEL. . N0. 77 I ICI,IL C 'TION I '�G k �-5_ W G�� / ✓ 1�/� LENGTH 3 WIDTH `7 VOLUME PE OF POOL � ;i SKETCH (A detail plan must be filed with original application) 0�- A- I4�SZE. SWIMMING AREA 'NON. SWIMMING AREA DIVING ,AREA SgUACE OF WATER fIiYWSPOSAL OF SEWAGE AND WASTE WATER OF FINISH. -b ' N SCUM GUTTER N 6 1''11aDECK: TYPE AND WIDTH �. � [ '"Z!. SQFTSKIMI RS. WEIR LENGTH T EATMENT SYSTEM (Kind of filters 'etc ) I DISINFECTION METHOD (Method, type, capacity etc.) �— �� L 0 V. I I j['CNr-CG,MICAL TREATMENT (Feeders, capacity, quantity etc.) { L O �Zl yy i it :iF EMARKS - 11 I SIGNED 1�I��it �� _ _• . 0i0� (Permits expire. on Dec. 31) I 'viJ;y ;� .FORM 1707 HOBBS&WARREN. INC. PINEBROOK CONDOMINIUM TRUST COMMUNITY BUILDING - TOWN HOUSE.TERRACE HYANNIS, MASS. 02601 S I c V � i 2A �e.. 3� r June 17, 1987 Mr. George A.ngstreich, Trustee Pinebrook CMdominium Townhouse Terrace Hyannis, Ma 02601 Re: Your outside swimming pool - Old Bather Load Capacity - 47 Modified Bather Load Capacity - 19 Dear Mr. Angstreich: We will allow you to set a maximum capacity of 19 persons at your swimming pool. This includes persons in your pool and includes all other persons within your pool enclosure. The following conditions must be complied with: (1) The pool must be supervised by a swimmer,eighteen (18.) years of age, or older, qualified by you at pool site at all times the pool is open. We wish to make it clear that this swimmer must be at the pool and cannot be observing from the front or back desk. If your swimmer is temporarily assigned duties at the front desk, another swimmer must be provided physically present at .the pool., This swimmer must be familiar with lifesaving equipment and knowledgeable in first aid procedures including resuscitation., (Minimum swimmer qualification requirements are enclosed). (2) You must keep a permanent record on a form prescribed by the Board of Health listing each swimmer supervising the pool when it "is in use., (Sample of prescribed form is enclosed). (3) We must have a copy of your insurance policy, naming the Town as coinsured in the amount of $1,000,000. (4) All other regulations contained in 310 CMR 12.00, Minimum Standards for Swimming Pools, must be strictly complied with. (5) In the event your pool is used by persons other than registered' motel guests, or persons charged a-fee, it is your responsibility to provide a lifeguard with a current Red Cross Senior Life Saver's Certificate or a National Y.M.C.A. Senior Life Saver's Certificate. You are granted this modification of your present pool capacity of 47 persons becausefy_ou have stated your pool is used by less than 19 persons at all times. Please be advised that if you exceed this capacity of .19 persons, your modification will BATHER CAPACITY: 19 PERMIT FEE THE COMMONWEALTH OF MASSACHUSETTS 43 $50.00 ...........TO..WN. of.....�AMSTABLE ..... .......... ...................................... Board of Health Pinebrook Condominium Thisis to Certify that ........................................................................................................................ NAME Townhouse Terrace, Hvannis, MA . ........................................................................................................................................................................... ADDRESS IS HEREBY GRANTED A PERMIT To Operate a Public, Semi-Public Swimming or Wading Pool A ................ .q..u...a...l..i..f...i..e..d.....s...w..i.......e...r....m...u...s..t.....b..e.....a...t....p...o..o...l.. site..a...l..l.....tI..i..m....e.....s......pool .........i....s..........o....p......e...n.....At ............ ........... .................. .... .. ........... .. Methodof water treatment: Chlorine.,—) Automatically fed. . .... ........ ............................................................................................ ................ ....................................... This permit is granted in conformity with Article VI of the Sanitary, Code of The December 31, 1987 Commonwealth of Massachusetts, and expires ... ......................... unless ............ sooner suspended or revoked. Robert L. Childs, Chairman ...................................................................................... Ann Jane Eshbaugh ............................... ............................................ Board June 24 87 over C.M. Farrish, M.D. ................................................19........ ...................................................................................... of ..................................................................................... Health ...................................................................................... By .............. .......s -...._AA?"- FORM S 1712 A.M.SULKIN,INC.-BOSTON (617)542-5868 C41 •. h BATHER CAPACITY: 19 OUTDOOR POOL SEE REVERSE PERMIT FEE THE COMMONWEALTH OF MASSACHUSET7S 47 TOWN BARNSTABLE 50.00 .................................. of ............................................................... Board of Health BRO This is to Certify that ........P........INE.......O.•K-- .._............_._....C ...ONDOMINIUM.... NAME Townhouse Terrace, Hyannis --•................•-•------•-•--.........---........-•-----••----•-----•-•••...._._......_..---...............................---••••••----•--......._....------......._.... ADDRESS IS HEREBY GRANTED A PERMIT To Operate; a Public, Semi-Public Swimming or Wading Pool At -.A Qualified swimmer must be at pool site all times---pool---is...open............ Method of water treatment: Chlorine automatically...fed. ............................................................................................................................................... ............................ 'This permit is granted in conformity with Title 2 of the Sanitary Code of The Counnon- wealth of D'lassachusetts, and expires ._-___ ------------------------------------------unless sooner suspended or revoked. Grover C.M.Farrish, M.D. Chairman Ann Jane Eshbaugh•............-••-•--•-----••---••---..... Board -------------------June........ .---••---Y9$!... ._James......•--Crocker,Sr..-•••----••--......--••-............ of ............................................. Health �---------------------------------- By _...........• •---...-•--•------••••••----••••----•-••-••----•--•-•-•---••--- FORM 1712 HOBBS& WARREN, INC. Agent �®emmsewe.r.a+.+va vsmm�®.mwss�s.�wews�.r�-. .P•-.�*,�*'�+-.�'�',•.,... 1�9 THE COMMONWEALTH OF MASSACHUSETTS .v...OF...... .- ............... .. n �6 HEALTH DEPARTMENT SWIMMING POOL INSPECTION REPORT NAME i /o� l ( ( ft .€J lC �� DATE / /l'w� f� �� l �l r / ADDRESS .1 r , , �, ) t14 TEL. NO. OPERATOR MAX. BATHING LOAD PERMIT POSTED Reguiations of the Massachusetts Sanitary Code: Article VI-"Minimum Standards for Swimming Pools". ITEMS: 1. DEFINITIONS, 2. PLAN APPROVAL, 8. SEWERAGE, 11. BATHER LOAD, 12. STRUCTURE, 14. XNSTRUCTION, 15. TNLETS AND,OUTLETS, 16. CROSS CONNECTIONS, 17. SKIMMERS, 18. DIMENSIONS, 20. WALKWAYS and 21. LADDERS. These items approved on/ he construction plan are of permanent nature and need not be checked at each inspection. /- 3. HEALTH: No employee sick, bathers take showers, clean bathing suits, sick or infected bathers not allowed, JJ spitting prohibited, no glass or dangerous objects. Health and Shower signs posted. �'` ,4. LIFEGUARDS: No unsu ervised,swimmin Trained lifeguards P g., guards in attendance according to Health Dept. ruling. l f E,C 1 f `, 5. SAFETY- One shep ds,cr crook and one ring buroy�with adequate rope for each 2000 sq. ft. water surface. 6. FIRST AID: Red Cross first aid kit (24 unit or equivalent), emergency telephone numbers posted, local )1 police, state police, fire dept., and several available physicians. Telephone available (not pay station). !_! 7. BATHHOUSE: Separate dressing and sanitary facilities for each sex, adjacent to pool, adequate, well lighted, drained, ventilated, impervious construction and light color. One shower and one toilet per 40 bathers (min. 2 ea.), hot and cold water, soap provided, one wash bowl per 60 bathers. No common e cups, towels, combs or brushes. Emergency room provided for sick or injured bathers, with cot and blanket. Foot showers (if required). Pool adequately enclosed Approved drinking water facilities. __/. CLOSURE: Operator to close pool when water does not meet the requirements of this code. 210. PERMIT - RECORDS: Permit posted. Written records available of daily operation of the pool, including !. j attendance, water tests, chemicals used, hours of operation, backwashing and other information required. \ / 13. RECIRCULATION - FILTRATION: Purification system capable of,maintaining quality of water, turnover every 8 hours, Max, filtration rate 2-3 gal. per min, per sq. ft. filter. Disinfection equipment finely adjustable. 19. DEPTH MARKINGS: Marked on deck and halls at one foot intervals (shallow end) 25 ft. intervals (deep end). 22. DIVING BOARDS: Rigidly constructed, properly anchored, braced for heaviest load, sound, no splinters or cracks, non slip surface. Not over 10 ft. above water level and at least 13 ft. unobstructed head room. 23. WATER SOURCE: Water used in any swimming pool shall be from a source approved by the Health Department. _24. BACTERIOLOGICAL QUALITY: Health Dept, shall cause water samples to be analyzed as considered necessary. IQuality shall meet the USPHS drinking water standards. Untreated water not over 2400 MPN Coliform. �f 25. CHEMICAL STANDARDS: Treated with chlorine or other effective method. Tests taken daily or more often as required by Health Dept. Chlorine residule .4 to 1.0, pH 7.0 to 7.5. /26. TESTING EQUIPMENT: Testing equipment provided, in good repair and complete with fresh reagents. /27. WATER CLARITY: A 6 inch black disc at bottom of deepest part of pool visable at 10 yards•away. -:L_J2. WADING POOLS: Quality of the water shall be the same as swimming pools. Turnover 4 hours or less. REMARKS: r•� /n � ' '�` r. � t e j PERSON INTERVIEWED SANITARIAN FORM 1708 HOBBS&WARREN. INC. BATHER CAPACITY: 19 OUTDOOR POOL PERMIT FEE 119 THE COMMONWEALTH OF MASSACHUSETTS $50.00 .................TOWN................. of......BARNSTABLE...................... Board of Health PINEBROOK CONDOMINIUM Thisis to Certify that .......................................................................................................................... NAME Townhouse Terrace, Hyannis ..................... ................................................................................................................. ..................................... ADDRESS IS HEREBY GRANTED A PERMIT To Operate a Public, Semi-Public Swimming or Wading Pool A Qualified swimmer must be at pool site all times pool.is...open. At ......... --- --- --- - -- --------------- --------------- Methbd of water treatment: Chlorine-automatically fed.- .................... ...................................................................................................................................................... ..................................I.......................................................................................................................................... This permit is granted in conformity with Title 2 of the Sanitary Code of The Common- wealth -____December of Massachusetts, and expires - ---------------! ----------------unless sooner suspended or r.evoked. Grover C.M. Farrish,..XR�!t... ...................................... Ann Jane Eshba,4&h.....................:...................... Board ........................ H. Crocker,....aj:.t.... ..... of June 16, 89 .......................... 19........ ....................................... ...................................... Health ............................ By ............ ...................................................... FORM 1712 HOBBS&WARREN, INC. L I ..y ® /yd P w THE COMMONWEALTH OF MASSACHUSETTS /�/ OF / i .. ..... ...... ................ ........... HEALTH DEPARTMENT SWIMMING POOL INSPECTION REPORT NAME eA15-e- DATE ADDRESS -r� 1=��'� U.1�� ` �Vl� ML. NO. 77 7 OPERATOR /Q ►-Gry /Y.sf�`� MAX. BATHING LOAD_ PERMIT POSTED Regulations of the Massachusetts Sanitary Code: Article VI-"Minimum Standards for Swimming Pools". ITEMS: 1. DEFINITIONS, 2. PLAN APPROVAL, B. SEWERAGE, 11. BATHER LOAD, 12. STRUCTURE, 14. OONSTRUCTION. 15. TNLETS AND OUTLETS, 16. CROSS CONNECTIONS, 17. SKIMMERS, 18. DIMENSIONS, 20, WALKWAYS and 21. LADDERS. These items approved on the construction plan are of permanent nature and need not be checked at each inspection. �3. HEALTH: No employee sick, bathers take showers, clean bathing suits, sick or infected bathers not allowed, spitting prohibited, no glass or dangerous objects. Health and Shower signs posted. /V/4. LIFEGUARDS: No unsupervised swimming. Trained lifeguards in attendance a.geording to Health Dept. ruling, y5. SAFETY: One shepards crook and one ring buoy with adequate rope for each 2000 sq. ft. water surface. r/6. FIRST AID: Red Cross first aid kit (24 unit or equivalent), emergency telephone numbers posted, local police, state police, fire dept., and several available physicians. Telephone available (not pay station). 7. BATHHOUSE: Separate dressing and sanitary facilities for each sex, adjacent to pool, adequate, well lighted, drained, ventilated, impervious construction and light color. One shower and one toilet per 40 bathers (min. 2 ea.), hot and cold water, soap provided, one wash bowl per 60 bathers. No common cups, towels, combs or brushes. Emergency room provided for sick or injured bathers, with cot and blanket. Foot showers (if required). Pool adequately enclosed Approved drinking water facilities. �9. CLOSURE: Operator to close pool when water does not meet the requirements of this code. t1/10. PERMIT - RECORDS: Permit posted. Written records available of daily operation of the pool, including '/ attendance, water tests, chemicals used, hours of operation, backwashing and other information required. ! 13. RECIRCULATION - FILTRATION: Purification system capable of.maintaining quality of water, turnover every '/ 8 hours, Max. filtration rate 2-3 gal, per min. per sq. ft. filter. Disinfection equipment finely adjustable. y 19. DEPTH MARKINGS: Marked on deck and walls at one foot intervals (shallow end) 25 ft. intervals (deep end). F_v22. DIVING BOARDS: Rigidly constructed, properly anchored, braced for heaviest load, sound, no splinters or cracks, non slip surface. Not over 10 ft. above water level and at least 13 ft. unobstructed head room. Z. WATER SOURCE: Water used in any swimming pool shall be from a source approved by the Health Department, . BACTERIOLOGICAL QUALITY: Health Dept, shall cause water samples to be analyzed as considered necessary. Quality shall meet the USPHS drinking water standards. Untreated water not over 2400 MPN Coliform. -11-25. CHEMICAL STANDARDS: Treated with chlorine or other effective method. Tests taken daily or more often as required by Health Dept. Chlorine residule .4 to 1.0, pH 7.0 to 7.5. V26. TESTING EQUIPMENT: Testing equipment provided, in good repair and complete with fresh reagents. t// 27. WATER CLARITY: A 6 inch black disc at bottom of deepest part of pool visable at 10 yards away. ---'32. WADING POOLS: Quality of the water shall be the same as swimming pools. Turnover 4 hours or less. 40, lee PERSON INTERVIEWED SANITARIAN FORM S1708 A. M. SULKIN 542-5858 CAPACITY: 19 OUTDOOR POOL FROYMY POOL PERMIT UNTIL PERMIT I FEE THE COMMONWEALTH OF MASSACHUSETTS 55 �? $75.00 TOM...... of..............................BARNSTABLE.................................. Board of Health This is to Certify that PINEBROOK CONDOMINIUM .......................................................................................................................... NAME Townhouse Terrace, Hyannis ........................................................................................................................................................................... ADDRESS IS HEREBY GRANTED A PERMIT To Operate a Public, Semi-Public Swimming or Wading Pool At Qualified swimmer must be at pool site all times pool is open. ffeffi6ff6fwaUiFbr Efi ';------M16ffiiii-6ut fed:----""----""' •--------------•--••---•--•--------..........--------•---......----.............................------.................-----••--•-••-------•-----.......................... ............................................................................................................................................................................ This permit is granted in conformity with Title 2 of the Sanitary Code of The Common. wealth of Massachusetts, and expires _--------July lf 1990 ----------------------unless sooner suspended or revoked. Grover C.M. Farrish,..M.D. .Chairman - ._j ...E..................... ...................... ane June15, go ............s!?�........................................... Board ........19........ H. Crocker, Sr. ........................................ ..................................................................................... of ...................................................................................... Health ......................................... By .... FORM 1712 HOBBS& WARREN. INC. -Agent.................................................... v r� RECEIPT N2 17665 Environmental Health Servic S From: For:(specify service} Amount: * Signed: Date: BARNSTABLE COUNTY HEALTH AND ENVIRONMENTAL DEPARTMENT Telephone Superlor Court House 362.2511 Barnstable,Mass.02630 Ext.337 T ' CHAPTER RECEIPT American Red Cross DATE _ I .Nr°, 945 2109 , RECEIVED FROM ADDRESS ---------------- DOLLARS& CENTS $ v� THE SUM O PA BY CHAPTER MONEY ORDER RESALE K CASH ❑ FUND CHECK FOR LOAN CAMPAIGN SUPPLIES ❑ ADVANCE ❑ OTHER ❑ ❑ PAYMENT ❑ IF OTHER IS CHECKED, EXPLAIN BELOW I CREz NAME �OjFC�HA ER ATE DEPOSITED AUTHORIZEDd Cross Form 5595(Rev. 2-80) .1&"'42 i r+ try THE COMMONWEALTH OF MASSACHUSETTS L,� ..,..... �... ` ✓� f ...OF........................_............ HEALTH DEPARTMENT SWIMMING POOL INSPECTION REPORT NAME 1 1,4 , .rt r f .i.. A A -ti DATE ADDRESS �+l, , - fit, „� �+' {' ��' -•H TEL. NO. L) OPERATOR f, - �C. N k-;_ MAX. BATHING LOAD_ PERMIT POSTED Regulations of the Massachusetts Sanitary Code: Article VI-"Minimum Standards for Swimming Pools". ITEMS: 1. DEFINITIONS, 2. PLAN APPROVAL, 8. SEWERAGE, 11. BATHER LOAD, 12. STRUCTURE, 14. 'ONSTRUCTION, 15. TNLETS AND OUTLETS, 16. CROSS CONNECTIONS, 17. SKIMMERq, 18. DIMENSIONS, 20, WALKWAYS and 21. LADDERS. These items approved on the construction plan are of permanent nature and need not be checked at each inspection. _/3 HEALTH: No employee sick, bathers take showers, clean bathing suits, sick or infected bathers not allowed, spitting prohibited, no glass or dangerous objects. Health and Shower signs posted. LIFEGUARDS: No unsupervised swimming. Trained lifeguards in attendance a9cording to Health Dept. ruling. 5. SAFETY: One shepards crook and one ring buoy with adequate rope for each 2000 sq. ft. water surface. _ 6. FIRST AID: Red Cross first aid kit (24 unit or equivalent), emergency telephone numbers posted, local police, state police, fire dept., and several available physicians. Telephone available (not pay station). 7. BATHHOUSE: Separate dressing and sanitary facilities for each sex, adjacent to pool, adequate, well lighted, drained, ventilated, impervious construction and light color. One shower and one toilet per 40 bathers (min. 2 ea.), hot and cold water. soap provided, one wash bowl per 60 bathers. No common cups, towels, combs or brushes. Emergency room provided for sick or injured bathers, with cot and blanket. Foot showers (if required). Pool adequately enclosed Approved drinking water facilities. 9. CLOSURE: Operator to close pool when water does not meet the requirements of this code. 10. PERMIT - RECORDS: Permit posted. Written records available of daily operation of the pool, including attendance, water tests, chemicals used, hours of operation, backwashing and other information required. _I,3. RECIRCULATION -FILTRATION: Purification system capable of maintaining quality of water, turnover every 8 hours, Max, filtration rate 2-3 gal. per min, per sq. ft. filter. Disinfection equipment finely adjustable. _19. DEPTH MARKINGS: Marked on deck and walls at one foot intervals (shallow end) 25 ft. intervals (deep end). _22. DIVING BOARDS: Rigidly constructed, properly anchored, braced for heaviest load, sound, no splinters or cracks, non slip surface. Not over 10 ft. above water level and at least 13 ft. unobstructed head room. _23. WATER SOURCE: Water used in any swimming pool shall be from a source approved by the Health Department. _24. BACTERIOLOGICAL QUALITY: Health Dept, shall cause water samples to be analyzed as considered necessary. Quality shall meet the USPHS drinking water standards. Untreated water not over 2400 MPN Coliform. _25. CHEMICAL STANDARDS: Treated with chlorine or other effective method. Tests taken daily or more often as required by Health Dept. Chlorine residule .4 to 1.6, pH 7.0 to 7.5. 26 TESTING EQUIPMENT: Testing equipment provided, in good repair and complete with fresh reagents. 27. WATER CLARITY: A 6 inch black disc at bottom of deepest part of pool visable at 10 yards away. _32. WADING POOLS: Quality of the water shall be the same as swimming pools. Turnover 4 hours or less. REMARK S: 1` ,;fit`n A A � >> 1� !_ � -f f, J) � � C t? I C r� r t PERSON INTERVIEWED L/ SANITARIAN ` FORM 1708 A. M. SULKIN, INC. CAPAC T • 19 OUTDOOR POOL PERMIT FEE THE COMMONWEALTH OF MASSACHUSETTS 26 75.00 ---•--------TOWN...--------- of ......BARNSTABLE._._..... Board of Health This is to Certify that ...... Df B�A PINEBROOK CONDOMINIUMS ...................................................... NAME ........................................................TOWN--HOUSE TERRACE,...HYANNIS ............... ................................................................... ADDRESS IS HEREBY GRANTED A PERMIT To Operate a Public, Semi-Public Swimming or Wading Pool At ........QU,AI._T]'.IED---SW MMER•-MUST_-BE AT POOL SITE ALL TIMES POOL IS OPEN. --------KETHQD...OF--WATER-_TREATMENT: CHLORINE—AUTOMATICALLY FED. ....................................•-•------•----•-•---_-__------ This permit is granted in conformity with Title 2 of the Sanitary Code of The Common- wealth of Massachusetts, and expires .----____-__-DECEMBER__31, 1993------------------------------------unless sooner suspended or revoked. - ------------ ----------�trgaYi t#: Cha�rW�O®Sa ............................. Board ...-----JANUARY .1..... ... ........19_.93.. J08epr1 C.8110 of T1AI1 -I'Ati�I------------------------ ---------------- Health ---------------------------- •-------•--••----- FORM 1712 HOBBS WARREN, ANC. By ACENT----- -----------------•----.....---------= & g"•,�,, ar.. .. •y �.At.hytyy'r"'r�abti....' .� ...L,,.,.r. .. ....., .�,. „ w•:.i+,+^.ys ,.'. THE COMMONWEALTH OF MASSA.CHUSETTS . c " `+ TOWN of BARNSTABLE HEATH ,DEPARTMENT. SWIMMING POOL INSPECTION REPORT k' POOL CAPACITY - gal. NAME p l�✓..? 6-70-0 y lt� t:-* A., CI 6A 141 W IW DATE ADDRESS, 4WAIGu a TEL. NO. erg OPERATOR'~-/.- �.� 'V.. - MAX. BATHING LOAD_ ,r PERMIT POSTED. Reguiatioris of the Massachusetts Sanitary Codes Article VI-"Minimum Standards fror Swimming. Pools". ITEMS: 1.*-DEFINITIONS, 2: PLAN APPROVAL, 8. SEWERAGE, ll.. BATHER LOAD, 12,. STRUCTtRE,�14 h XNST.RUCTION, 1.INLETS AND OUTLETS, 16. CROSS CONNECTIONS, 17. SKIMMERS, 18. DIMENSIONS, 20. WALKWAYS and 21'. LADDERS. These items approved.- on the .construction plan are of permanent nature and need not be checked at each ins"pection. ! fI 3. HEALTH: No employee sick, bathers take showers, clean bathing suits, sick or i feted bathers not allowed, ✓ spitting prohibited, no glass or dangerous objects. Health and Shower signsposte3. _ . k s A a 4, LIFEGUARDS: No unsupervised swimming.. Trained lifeguards in attendance ac ording,to Health Dept. ruling.1`^t 5. SAFETY: One shepards crook and one ring buoy with adequate rope for each 2000,sq: ft. wat�r urface. ," �f •' r o 6. FIRST AID: Red Cross first aid kit (24 unit or equivalent), emergency,telephon ted, local e numbers p s police, state police, fire dept., and several available physicians. ,Telephone available. (not pay station..)..,, 7. BATHHOUSE: Separate dressing and sanitary f:aci litie; for each sex, adjacent to p oo l;.adequate ''well lighted, drained, ventilated, impervious construction and light color. One shower•.and one toilet per 40 bathers (min. 2 ea.), hot and cold water, soap provided, one wash'bowl,per 60*bathers. No common cups, towels, combs or brushes. Emergency room provided for sick or injured bathers, with cot and t. blanket. Foot showers (if re" ired). Pool adequately.enclosed� Approved drinking water facilities. V 9. CLOSURE: Operator to close pool when .water does not meet the requirements of this code. A-40. PERMIT - RECORDS':,Permit posted. Written records available of daily operation of the pool, including attendance, water tests, chemicals used, hours of operation, backwashing and other information required. V 13. RECIRCULATION - FILLTRATION: Purification system capable of maintaining quality of water, turnover every 8 hours, Max. filtration rate 2-3 gal• per min, per sq. ft. filter. Disinfection equipment finely adjustable. if /19, DEPTH MARKINGS: Marked on deck and walls at one foot intervals (shallow end) 25 ft. intervals (deep end). V`-22. DIVING BOARDS: Rigidly constructed, properly anchored, braced for heaviest load, sound, no splinters or cracks, non slip surface. Not over 10 ft. above water level and at least 13 ft. unobstructed head room. -- WATER SOURCE: Water used in any swimming pool shall be from a source approved by the Health Department. 24. BACTERIOLOGICAL QUALITY: Health Dept, shall cause water samples to be analyzed as considered necessary. Quality shall meet'the USPHS drinking water standards. Untreated water not over 2400 MPN Coliform. 25. CHEMICAL STANDARDS: Treated with chlorine or other effective method. Tests taken daily or more often as required by Health Dept. Chlorine combined 0.0 to,10.2; Free chlorine 1 to 3, pH 7.2 to 7.8, total J� alkalinity 50 to. 150 ppm. # 26. TESTING EQUIPMENT: Testi.ig equipment provided, in good repair and comp lece with fresh reagents. _L/27. WATER CLARITY: A 6 inch black disc at bottom of deepest part'bf pool visable at 10 yards away. �2. WADING POOLS: Quality of the water shall be the same as swimming pools: Turnover 4 hours or less. -2 } ILI PERSON INTERVIEWED SANITARIAN °t BARNSTABLE COUNTY HEALTH AND ENVIRONMENTAL. DEPARTMENTL/ SUPERIOR COURT HOUSE : - r' BARNSTABLE, MASSACHUSETTS 02630 7/1/9 3 o�" �, DATE ' F SWIMMING POOL. and/or WHIRLPOOL* ANALYSIS FORM PHONE:362.2511 MA 5 e ` EXT.330 LAB 337 L' CLIENT• Pinebrook Condo COLLECTOR: Steven Sears MAILING ADDRESS: Town House Terrace AFFILIATION: - Hyannis, MA. 02601 _ TIME & DATE OF COLLECTION: DATE i TELEPHONE #: 775-7356 ANALYSI�F 6/28l93 3:00 p.m. t TOTAL COLIFORM HETEROTROPHIC PLATE COUNT MEETS LIMITS PSEUDOMONAS COUNT per. SAMPLE LOCATION per 100 ml . CFU/ml . @ 350C for 48 hrs. FOR SWIMMING 1004ml@ 41 °C for 48 hrs. . . Limit: 2 Limit: 200 YES NO RESULTS ONLY r. Pool - #488 0 0 XXX I. • S g 4� fi REMARKS: A CC: BOH w, CC: A�JALYST• CC: TOWN OF BARNSTABLE LOCATION cI`-l�L U�eb'T �M 4,,, -6T(-vAT SEWAGE# Z OOg- 00 Z- VILLAGE ASSESSOR'S MAP&PARCEL Z�(�j-o 514-Go At INSTALLER' NAME&PHONE NO. G�4/J )i cQ,a h�-e�,prs s�S LL� SEPTIC TANK CAPACITY 3000 l-'xiSi+iyte, lSoo GAL LEACHING FACILITY:(type) '1 Z 3io-�>,, ,s��s (size) 5(.. 3" X 2 2'. 16" 'aro n QA a bS NO.OF BEDROOMS 1 a OWNER W e-S-C 5 ic, mf(✓q-C.c L(-(- PERMIT DATE: l S - 2 o o 5 COMPLIANCE DATE: 1 - i K- Z oc9 Separation Distance Between the::. Maximum Adjusted Groundwater Table to the Bottom of Leaching Facility N O CJ4'%rQ, %I Feet Private Water Supply Well and Leaching Facility(If any wells exist on site or within 200 feet of leaching facility) Feet Edge of Wetland and Leaching Facility(If any wetlands exist within 300 feet of leaching facility) Feet FURNISHED BY l�A Qpi�¢ �In SGS L,I.L L; n SAcd tPZ 7 4•.S 1 A3 gs 0 b3 % to9.y 31 aro. 7 TOWN OF BARNSTABLE FATGE- ION `7 oC�1✓ .�> Ze&iL'? tea " SEWAGE # ASSESSOR'S MAP & LOT INSTALLER'S NAME&PHONE NO. SEPTIC TANK CAPACITY ®Z�� LEACHING FACILITY: (type) � i% (size) �� NO.OF BEDROOMS BUILDER OR OWNER PERMITDATE: COMPLIANCE DATE: Separation Distance Between the: Maximum Acusted Groundwater Table and Bottom of Leaching Facility Feet Private Water Supply Well and Leaching Facility (If any wells exist. on site oi"f`hin 200 feet of leaching facility) Feet Edge of Wetlai." and Leaching Facility(If any wetlands exist ' within 300of c ' cili � Feet Furnished /" ' 9 � Q No. Fee d d V THE COMMONWEALTH OF MASSACHUSETTS Entered in computer: PUBLIC HEALTH DIVISION TOWN OF BAMSTABLE, MASSACHUSETTS es 2pplication for 4Q51's 7al Opstem Construction permit Application for a Permit to Construct( ) Repai Uprade( ) Abandox ) ❑Complete System Individual Components P Y ❑ p Location Address or Lot No. Cl q L w• m4 t A y T, Owner's Name,Address,and Tel.No. LJ C*C'r5 Td_-�f 141-e �►aKn7S rr�o Assessor's Map/Parcel 7.4 .o 5-4- o Installer's Name,Address,and Tel.No.Cq �� b��y�,,• Designer's Name,Address,and Tel.No. [.►,r7�,,���j , �{Z�-L537 L�.,�• S.A. 763 tzW.c�ro3sF�elcfl - TYpe of Building: Dwelling No.of Bedrooms 12 �> Lot Size9 Sys G H 2-^ sq.ft. Garbage Grinder( ) C.I. V Other Type of Building Ct No.of Persons Showers( ) Cafeteria( ) Other Fixtures Design Flow(min.required) (3 2-0 gpd Design flow provided L ,!o $. ) gpd Plan Date 12-t 6-Zoo f Number of sheets Revision Date Title Ci�(L W y7 Size of Septic Tank "4h 3oon Nth i J oil Type of S.A.S. S7?111�Qs�� I�aa� iff Row S Description of Soil cl_�4IA;n Nature of Repairs or Alterations(Answer when applicable) 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 the Environmental Code and not to place the system in operation until a Certificate of Compliance has been issued by this Board of Health. ,d d Date Application Approved by Date Application Disapproved by Date for the following reasons Permit No. U dl OB,7. Date Issued •^ - yK x.,,- .r-r-f..-.=r., .. ,,n.',���R. _ ",br+.•I•.,.•-..... c^.r•-. ^'- Y w•..wv w.,..... �r�,-n�.y.-,.. ...ri..y,�• ...» .. .,y . .. No. �/ -J V - Fee THE COMMONWEALTH OF MASSACHUSETTS Entered in computer:_ PUBLIC HEALTH DIVISION -TOWN OF BAkWkABLE, MASSACHUSETTS T'es ftpfication for Zisposai 6pstem Construction permit ���.��� A' C a�cf U,f Application for a Permit to Construct( ) Repair(.y�• Upgrad'e(" ) Abandon ) ❑Complete System ❑Individual Components Location Address or Lot No. q 4 L w• rh�a t S r• Owner's Name,Address,and Tel.No. t,j c�-7 5•} ( c ✓vi o Assessor's Map/Parcel y y q! S I-'o 0 Installer's Name,Address,and Tel.No.Ca��„��ke �2���,,.� Designer's Name,Address,and Tel.No. Type of Building: t -% Dwelling No.of Bedrooms ?-- Lot Size a(1 Z- sq.ft. Garbage Grinder( ) Other Type of Building (Ion o .-r, (►1 o R1.No.of Persons Showers( ) Cafeteria( ) Other Fixtures Design Flow(min.required) 3 Z O gpd Design flow provided l 5 !0 5. ) gpd Plan Date 1 2- Z(o-Z 0,,1;� Number of sheets Revision Date Title 'e'N w Yv4',v7 Size of Septic Tank " C=kSi sh1, 3�n k,c_j i j oo Type of S.A.S.��m Q Q�,,,� Description of Soil Hsu_ tj A—A C 3 to Nature of Repairs or Alterations(Answer when applicable) ���r� 1 rr- T%�vvi f c� j� 5�x T6 tov 5 Dafe 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 the Environmental Code and not to place the system in operation until a Certificate of Compliance has been issued by this Board of Health. Signed Date Application Approved by Date Application Disapproved by Date for,the following reasons Permit No. env 0 —00;k, Date Issued THE COMMONWEALTH OF MASSACHUSETTS BARNSTABLE,MASSACHUSETTS Certificate of,Compliante THIS IS TO CERTIFY,that the On-site Sewage Disposal system Constructed( ) Repaired( Upgraded( ) Abandoned( )by • ('n,_ -�� -C r• ✓t e S LL L at 1 41A L4 has been constructed"in accordance j with the provisions of Title 5 and the for isposal System Construction Permit No.dQ6 q'r7�2 dated Installer a< Designer E 1 i ) -, Loc Q&(C \ #bedrooms Z Approved design flow /3.,)-n� gpd The issuance of this permit shaalll-not be-construed-as ) a guarantee that the system will function,as des gned9 8 77 n� f Date & b " �::}l(!Oi/_.#_�ml/I�d 11 Inspector �(, C .2'�t���� fib cz.�'� 0- r - - - - - - - - -- - - --- ------------- ---- ---- - -- ----------------- No. D U1A^ 6 0 2 Fee �D THE COMMONWEALTH OF MASSACHUSETTS PUBLIC HEALTH DIVISION..;BARNSTABLE,MASSACHUSETTS MIsposal bpstem Construction 3permit Permission is hereby granted to Construct( ) Repair ) Upgrade( ) Abandon( ) System located at C( L GJ ✓4 4-," S�. ( �-ti, A, 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. r),Provided:Co/nstruction must be completed within three years of the date of this permit. � Date // 5 �� Approved by I by_ / / y, a Town of Barnstable Regulatory Series _ I Thomas F.Geller,Director Public Health vision Thomas McKean,Director 2.00 Main Street,Hyannis,MA 02601 Offia:. 508-9624644 Fax: 508-790.6304 1gd6jr&RqgkW Form Dade: t I?i 0 Sewage Permlt# z"'r-20-L Assessor's J 1Paml `GSA} —o o A Dee��er: n i he+e�fi� d/ CJ, ht C Ioetaller: Addimse: l� � tS T�e,�� Address: 763 (dd was issued a peg mit to.install a ie) (installer) � � septic;system at (A.s+- M eL based on a design drawn by (address) -Z I za Z019 (designer) I certify, that the septic system referenced above was installed ;ubstsntiall aecorag to flee which may incchWe minor approved changes each t a lateral re ocastion of the &W*u wn box and/or septic tank. I cry that the septic system referenced above was installed with n4or ehas;ges (i.e. greater than 10' lateral relocation of the SAS or any vertical rel)cation of any component of the septic system) but in accordance with State& Local Reg alatiotm. Plan revision or certified as-built by designer to follow. if MgS, i` o PE1 ER Y• MCI.{yYEE N " S o (1V1L (Designer's Signature) (Affix Designer s Sty Here) MUN WJM TO RARNSIMU nirnr.rr U.LIry DM X. CE>�T�IC��t nv (MW.LWU W U NOT BE ISSI1En U1N'n BOTH THIS 1zdB,APR..AQ RMT CARD ARE U"U THE BMNST E pt jjC HEALTTI DMSIOYV '1' an yQU. Q'Hf*tWSV idD=Ww Cartiflcstion Form 3.26-04.doc TO 39Vd SMOM 9NIa33NIJN3 6Z :80 698Z/ST/Z0 f Commonwealth of Massachusetts u W Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments �M 942A West Main St. Property Address Gloria Bailey-Davies Owner Owner's Name information is required for Centerville Ma. 02632 12/05/2008 every page. City/Town State Zip Code Date of Inspection 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 A. General Information forms the computer, r,use 1. Inspector: vl only the tab key to move your Robert Paolini r cursor-do not Name of Inspector use the return key. Capewide Enterprises,LLC. Company Name s r� P.O.Box 763 Company Address Centerville - Ma. 02632 City/Town State Zip Code (508)428-4028 S 14454 Telephone Number License Number B. Certification 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 by the Local Approving Authority i r M 12/05/2008 Ins ctor'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. 0ZA t5ins•09/08 Title 5 Official Inspection Form:Subsurfac ewage Disposal System•rage t of 2 t Commonwealth of Massachusetts W Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments �M 942A West Main St. Property Address Gloria Bailey-Davies Owner Owner's Name information is required for Centerville Ma. _02632 12/05/2008 _ — every 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: ® I 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 septic system is in porper working order at the present time. 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): I t5ins•09/08 Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 2 of 2 r Commonwealth of Massachusetts W Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments wM 942A West Main St. Property Address Gloria Bailey-Davies Owner Owner's Name information is required for Centerville Ma. 02632 12/05/2008 every page. City/Town State Zip Code Date of Inspection B. Certification (cont.) 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•09/08 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 3 of 3 Commonwealth of Massachusetts W Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 942A West Main St. Property Address Gloria Bailey-Davies Owner Owner's Name information is required for Centerville Ma. 02632 12/05/2008 every 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 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 El ® Liquid depth in cesspool is less than 6" below invert or available volume is less than Y2 day flow t5ins•09/08 Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 4 of 4 Commonwealth of Massachusetts W Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments ^M 942A West Main St. Property Address Gloria Bailey-Davies Owner Owner's Name information is required for Centerville Ma. 02632 12/05/2008 every page. City/Town 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. E] ® 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 CM 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 Elthe system is located in a nitrogen sensitive area (Interim Wellhead Protection El 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. l5ins•09/08 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 5 of 5 1 Commonwealth of Massachusetts W Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments °M 942A West Main St. Property Address Gloria Bailey-Davies Owner Owner's Name information is required for Centerville Ma. 02632 12/05/2008 every page. City/Town 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? El ® 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 CMR.15.302(5)] D. System Information Residential.Flow Conditions: Number of bedrooms (design): 2 Number of bedrooms (actual): 2 DESIGN flow based on 310 CMR 15.203 (for example: 110 gpd x#of bedrooms): 330 t5ins•09/08 Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 6 of 6 Commonwealth of Massachusetts Wo Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments 942A West Main St. Property Address Gloria Bailey-Davies Owner Owner's Name information is required for Centerville Ma. 02632 12/05/2008 every page. City/Town state Zip Code Date of Inspection D. System Information Description: The septic system consists of a 1000 gallon septic tank,D-Box and a 1000 gallon leaching pit. Number of current residents: 2 Does residence have a garbage grinder? ❑ Yes ® No Is laundry on a separate sewage system? [if yes separate inspection required] ❑ Yes ® No Laundry system inspected? ® Yes ❑ No Seasonal use? ❑ Yes ® No Water meter readings, if available last 2 years usage d unavailable Detail: Sump pump? ❑ Yes ® No Last date of occupancy: 12/05/2008 Date 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 El 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•09/08 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 7 of 7 F Commonwealth of Massachusetts W Title 5 Official Inspection Fora Subsurface Sewage Disposal System Form - Not for Voluntary Assessments �M 942A West Main St. Property Address Gloria Bailey-Davies Owner Owner's Name information is required for Centerville Ma. 02632 12/05/2008 every 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): l5ins•09/08 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 8 of 8 Commonwealth of Massachusetts W Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments 942A West Main St. Property Address Gloria Bailey-Davies Owner Owner's Name information is required for Centerville Ma. 02632 12/05/2008 every page. City/Town State Zip Code Date of Inspection D. System Information (cont.) Approximate age of all components, date installed (if known) and source of information: 1995 Were sewage odors detected when arriving at the site? ❑ Yes ® No Building Sewer(locate on site plan): Depth below grade: 14"feet Material of construction: ❑ cast iron ®40 PVC ❑ other(explain): Distance from private water supply well or suction line: 10+ feet Comments (on condition of joints, venting, evidence of leakage, etc.): Joints appear tight.No evidence of Ieakage.System vented through the house vents. Septic Tank (locate on site plan): Depth below grade: 1.5' p g feet 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: 1000 gallon Sludge depth: V. t5ins•09/08 Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 9 of 9 Commonwealth of Massachusetts W Title 5 Official Inspection Form _ Subsurface Sewage Disposal System Form - Not for Voluntary Assessments °M 942A West Main St. Property Address Gloria Bailey-Davies Owner Owner's Name information is required for Centerville Ma. 02632 12/05/2008 every 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 31" Scum thickness 0 Distance from top of scum to top of outlet tee or baffle 8" Distance from bottom of scum to bottom of outlet tee or baffle 14" How were dimensions determined? Measured Comments (on pumping recommendations, inlet and outlet tee or baffle condition, structural integrity, liquid levels as related to outlet invert, evidence of leakage, etc.): Pump septic tank every two years.lnlet and outlet tees are in place.No evidence of Ieakage.Tank appears to be 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•09/08 Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 10 of 10 Commonwealth of Massachusetts W Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments ^M 942A West Main St. Property Address Gloria Bailey-Davies Owner Owner's Name information is required for Centerville Ma. 02632 12/05/2008 every page. City/Town State Zip Code Date of Inspection D. System Information (cost.) 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•09/08 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 11 of 11 Commonwealth of Massachusetts W Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments ;M 942A West Main St. Property Address Gloria Bailey-Davies Owner Owner's Name information is required for Centerville Ma. 02632 12/05/2008 every page. City/Town 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 No 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.): Box is Ievel.Box has one outlet Iateral.No evidence of solids carryover.No evidence of leakage into or, out of box. 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.): Soil Absorption System (SAS) (locate on site plan, excavation not required): If SAS not located, explain why: t5ins•09/08 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 12 of 12 Commonwealth of Massachusetts W Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments ^M 942A West Main St. Property Address Gloria Bailey-Davies Owner Owner's Name information is required for Centerville Ma. 02632 12/05/2008 every page. City/Town State Zip Code Date of Inspection D. System Information (cont.) Type: ® leaching pits number: 1-1000 gl LP ❑ 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.): Sandy dry soil.No signs of hydraulic failure.Water was 49"to invert with no stain line above this level. 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•09/08 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 13 of 13 Commonwealth of Massachusetts W Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 942A West Main St. M Property Address Gloria Bailey-Davies Owner Owner's Name information is required for Centerville Ma. 02632 12/05/2008 every page. City/Town 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-09/08 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 14 of 14 Nap Page 1 of 2 Town of Barnstable Geographic Information System y Parcel Viewer Custom Map Abutters Map Size ® ® Zoom Out In Fff WE �6 j I , f r 'P prl ,,,,- .i ids f � , r r f ` , f r , r , 1 r f � , � r f � , J 0 20 feet ' f ,r r ! , i Set Scale 1" = 20 I Aerial Photos I MAP DISCLAIMER !`nn,�rinhf')Onr_')ni)A Tn—n of Rsrncf�hl0 KAA All rinhfc rnccni, r bttp://www.town.bamstable.ma.us/arcims/appgeoapp/map.aspx?propertyID=24905400A&... 12/9/2008 Commonwealth of Massachusetts W Title 5 Official. Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments �M 942A West Main St. Property Address Gloria Bailey-Davies Owner Owner's Name information is required for Centerville Ma. 62632 12/05/2008 every page. City/Town 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: Bottom of LP 35' feet Please indicate all methods used to.determine the high groundwater 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: As-Built Card. ❑ Checked with local excavators, installers- (attach documentation) ❑ Accessed USGS database-explain: You must describe how you established the high ground water elevation: USED:USGS Observation Well Data.USED:Technical Bulletin 92-000-01 plate#2 annual ranges of groundwater elevations. Before filing this Inspection Report, please see Report Completeness Checklist on next page. t5ins-09/08 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 16 of 16 Commonwealth of Massachusetts W Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments ^M 942A West Main St. Property Address Gloria Bailey-Davies Owner Owner's Name information is required for Centerville Ma. 02632 12/05/2008 every page. City/Town 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•09/08 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 17 of 17 DATE:_411 L98 —___ PROPERTY ADDRESS: 942A west Main Street Hnnis, Mass-_________ _ 02601 ------------------------ On the above date, I inspected the septic system at t e agdress. This system consists of the following: 1998 1 . 1 -1 000 gallon septic tank. 2 . 1 -Distribution box. e 3 . 1 -1000 gallon precast leaching pit. Based on my inspection, I certify the following conditions: 4 . This is title five septic system. ( 78 Code 5 . The septic system is in proper working order at the present time. 6 . Pumped tank at time of inspection. S I G N AT U R Name:— J. P. Macomber Jr. --------------------- Company:Jose�h P1_ M�comber & Son, Inc. Address:-_Box-E.EL_--------_-_ -_C.�nt-erv_i-11-Q,_.Ma--Q2 6 3 2-0 0 6 6 Phone: 508-775-3338 --------------------- THIS CERTIFICATION DOES NOT CONSTITUTE A GUARANTY OR WARRANTY rJOSEPH P. MACOMBER & SON, INC. Tanks-Cesspools-Leachflelds Pumped & Installed Town Sewer Connections P.O. Box 66 Centerville, MA 02632-0066 775-3338 775-6412 • COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON. MA 02108 617.292.5500 WILLI.A,M F WELD TRL D1 CO Govcmor Sc:rc' ARGEO PAUL CELLUCCI DAB ID 9 STRI Lt.Govcmor SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM Commissu PART A CERTIFICATION John Lebel Property Address: 942A West Main Street Hyannis Address of Owner: BOX 1 01 1 Date of Inspection: 4/1 /9 8 (If different) Osterville,Mass Name of Inspector: jog,-ph P_Ma r-amber Jr. 02655 I am a DEP approved system inspector pursuant to Section 15.340 of Title 5 (310 CMR 15.000) Company Name: J.P.Macomber & Son INC. Mailing Address: BOX Centerville,Mass . 2632 Telephone Number: 508-775-3338 I CERTIFICATION STATEMENT I certify that I have personally inspected the sewage disposal system at this address and that the information reported below is true accura(. and complete as of the time of inspection. The inspection was performed based on my training and experience in the proper iunct,on and maintenance of on-site sewage disposal systems. The system: _z/p Isses Conditionally Passes Needs Further Evaluation By the Local Approving Authority Fails Inspector's Signature: i Date: The System Inspectors all submit a copy of this inspection report to the Approving Authority within thirty (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 Department of Environmental Protection. The original should be sent to the svuem own and copies sent to the buyer, if applicable, and the approving authority. INSPECTION SUMMARY: Check A, B, C, or D: AI SYSTEM PASSES: I have not found any information which indicates that the system violates any of the failure criteria as defined in 310 CAR 15.30' Any failure criteria not evaluated are indicated below. COMMENTS: BI SYSTEM CONDITIONALLY PASSES: /l/0 One or more system components as described in the "Conditional Pass" section need to be replaced or repaired. The system, ups completion of the replacement or repair, as approved by the Board of Health, will pass. indicate yes,/o, or not determined (Y, N, or ND). Describe basis of determination in all instances. If "not determined", explain why not /0 The septic tank is metal, unless the owner or operator has provided the system inspector with a copy of a Ceriilca(e of Compliance (attached) indicating that the tank was installed within twenty (20) years prior to the date of the insDeclion, the septic tank, whether or not metal, is cracked, structurally unsound, shows substantial infiltration or exfil(ration, or tar. 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. (revised 04/25/97) Page 1 of 10 DEP on the World Wide Web: http:/twww.magnet state.ma us)dep Cj* Printed on Recycled Paper SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION (continued) Properly Address: 942A West Main Street HyaNnis,Mass. Owner: John Lebel Dale of Inspection: 4/1 /98 BJ SYSTEM CONDITIONALLY PASSES (continued) Sewage backup or breakout or high static water level observed in the distribution box is due to broken or ocs: pipets) or due to a broken, settled or uneven distribution box. The system will pass inspection if (with appro�at 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 pipets' The system w ll .ass inspection if (with approval of the Board of Health): broken pipe(s) are replaced obstruction is removed CJ FURTHER EVALUATION IS REQUIRED BY THE BOARD OF HEALTH: ,ViO Conditions exist which require further evaluation by the Board of Health in order to determine if the syuem is failing ;o rc,l-:1 the public health, safety and the environment. 1) SYSTEM WILL PASS UNLESS BOARD OF HEALTH DETERMINES THAT THE SYSTEM IS NOT FUNCTIONING IN A ntA',NFR WHICH WILL PROTECT THE PUBLIC HEALTH AND SAFETY AND THE ENVIRONMENT: Cesspool or pr y is within 50 feet of a surface water 40 Cesspool or privy 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) DETERti11NES THAT THE SYSTEM IS FUNCTIONING IN A MANNER THAT PROTECTS THE PUBLIC HEALTH AND SAFETY AND THE ENVIRONMENT: IL)D The'system has a septic tank and soil absorption system (SAS) and the SAS is within 100 feet :o a surface . ter c; 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 suppl, gel. a The system has a septic tank and soil absorption system and the SAS is within 50 feet of a private eater supo!, we ' ,L)o The system has a septic tank and soil absorption system and the SAS is less than 100 feet but 50 feet or more iron a private water supply well, unless a well water analysis for coliform bacteria and volatile orgar`•jc compounds nC c3:es th.a; the well is free from pollution from that facility and the presence of ammonia nitrogen and nitrate nitroger is e a' :o o, less than 5 ppm. Method used to determine distance (approximation not valid). 3) OTHER .vA (r. iI&.d 04/25/17) P&Q. 2 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION (continued) r Property Address:942A West Main Street Hyannis,Mass . Owner: John Lebel Date of Inspection: 4/1 98 D) SYSTEM FAILS: You must indicate ew er `Yes" or "No" as to each of the following: A/0 I have determined that the system violates one or more of the following failure criteria as defined in 3 0 C•mR 15 303 oas s for this determination is identified below. The Board of Health should be contacted to determine wha: will be necessar,. coned the failure. Yes NO Backup of sewage into facility or system component due to an overloaded or clogged SAS or cesspool 2 Discharge or ponding of effluent to the surface of the ground or surface waters due to an overloaded or clogge•' »S cesspool. Static liquid level in the d tribution box above outlet invert due to an overloaded or cloggec SAS or cessoo_' at Liquid depth in Ge4+pee1-4 less than 6" below inven or available volume is less than 1/2 das iiow Required pumping more than 4 times in the last year NOT due to clogged or obstructed pipe(s) Number of times pumped 0 Any portion of the Soil Absorption System, cesspool or privy is below the high groundwater elevation Any portion of a cesspool or privy is within 100 feet of a surface water supply or tributary to a surface ..a:e: s C: Any portion of a cesspool or privy is within a Zone I 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 privale water supply e,i ,,:r nc acceptable water quality analysis. If the well has been analyzed to be acceptable, attach copy of well wale( an.; :,•s for coliform bacteria, volatile organic compounds, ammonia nitrogen and nitrate nitrogen. El LARGE SYSTEM FAILS: You must indicate either "Yes" or -No" as to each of the following: The following criteria apply to large systems in addition to the criteria above: 4 The system serves a facility with a design flow of 10,000 gpd or greater (Large System) and the system is a s�gnif,t:an: ,n•eu: t'D public health 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 - IWPAI or a :mappeC Z_--i= * 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 trea:rnen: :. requirements of 314 CMR 5.00 and 6.00. Please consult the local regional office of the Depanment for further information lr.vl..d Y.y. 3 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION r Property Address: 942A West Main Street Hyannis,Mass. Owner: ,John Lebel Date of Inspection: 4/1 /98 FLOW CONDITIONS RESIDENTIAL: Design flow: R.p.d./bedroom for S.A.S. Number of bedrooms: Number of current residents: 91 Garbage grinder (yes or no):Ard Laundry connected to system (yes or no):YfG.S Seasonal use (yes or no):_A20 Water meter readings, if available (last two (2) year usage (gpd): AdlqOA26LC' Sump Pump (yes or no): 7)*!;� m)4d'j, ,�,�' ✓-pe IV he rites: Tyr Last date of occupancy: 14r �/'/ / � 1� COMMERCIAUINDUSTRIAL: Type of establishment: 774 Design flow: &,4 allons/day Grease trap present: (yes or no).&O Industrial Waste Holding Tank present: (yes or no)-444 Non-sanitary waste discharged to the Title S system: (yes or no),&�'y Water meter readings, if available:_1(1f>' Last date of occupancy: IM OTHER: (Describe) VIY Last date of occupancy: GENERAL INFORMATION PUMPING RECORDS and source of information: System pumped as part of inspection: (yes or no) �- If yes, volume pumped: 6 allons , ) Reason for pumping: LLl/yl/ S'zs ZY'Lpa.1'�;, TYPE O!,SYSTEM L/ Septic tank/distribution box/soil absorption system _ .40 Single cesspool d1, Overflow cesspool Privy Shared system (yes or no) (if yes, attach previous inspection records, if any) I/A Technolo y etc. Copy of up to date contract? Other _APPROXIMATE AGE of I components, date installed (if known) and source of information:� s� 14 `-a ✓ W-044 Ate^ Sr�•v �' = /Qj�u. J 5= Sewage odors detected when arriving at the site: (yes or no) (revised 04/25/97) D&y• 5 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) ' Property Address: 942A West Main Street Hyannis,Mass . Owner: John Lebel Date of Inspection: 4/1 /98 BUILDING SEWER: (Locate on site plan) Depth below. grader Material of construction: x/Cast iron P 40 PVC _ other (explain) D�stdnce from ?/ivate water supply well or suction line D ameter y Comm is: (condition of joints, ven ing, evidence of leakage, etc. `ol G f rr 41 w i SEPTIC TANK:Zoe) (locate on site plan) Depth below grade. Y Material of construction: Mc5 ncrete _metal _Fiberglass _Polyethylene _other(explain) If tank is metal. list age &_ Is age confirmed by Cenific�ate of Compliance jt (Yes/No) D,mensions: rz'.4 VO Sludge depth: U/ D,stance from top oUludge to bosom of outlet tee or baffle:' _ Scum thickness _� Distance from top of scum to top of outlet tee or baffle: Distance from bonom of scum to bonom of outlet tee or baffle: How dimensions were determined: .T/SI�.� Comments (recommendation for pumping, conditio of inlet and outlet tees or baffles, depth of liquid level in relation to outie: inven, soot. r integrity, evidence of leakage, tic rT �✓ V l :7 v - GREASE TRAP:,j2dA2e (locate on site plan) Depth below grader Material of con struction.✓AconcreteAAmetal L/Sibe,glass+v/f Polyethylene.lAother(explain) Dimensions. Scum thickness: Distance from top of scum to top of outlet tee or baffle:,$ Distance from bonom of scum to bonom of outlet tee or baffle:lf/�1 Date of last pumping: G114 Comments: (recommendation for pumping, condition of inlet and outlet tees or baffles, depth of liquid level in relation to outie; invert, 5truC.Lr;, integrity, evidence of leakage, etc.) !`,FG S E'_ �,,4 g l9 A26 T -- P.9. 6 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) c 3 Properly Address: 942A West Main Street Hyannis,Mass . O. nee: John Lebel Date of inspection:4/1 /98 TIGHT OR HOLDING TANKAAvi.(Tank must be pumped pr-ur to, or at time. of Inspection) lloc.ate on S'le plan) Depth flow grade , Mater,al of con strun Ion;��concreteAIdmeta14) Fiberglass44Polyethyiene,�other(expla�n) N Ormens.ons AA Capac,7'r NA gallons Design is el.� gallons/day Aldan ie:el Alarm in working order/yj#1'e3;jVA Nu Dale 01 Ore%'-ous pumping. A)A _ Comments (cono,t,c.i of -nlet tee, condition of alarm and float swathes, etc I SN 1'" DISTRI9'JTION BOX: llo<a:e ---I S':e plan) . Demon c l —,cl level above bullet invert: Commer:s lnol i 12 el and istribution is equal, evidence f solids carryover, evidence of leak ge into r o t of box, e:,c.; i ►� e PUMP CHA.+A8ER:-42LW,)e (loc.3:c c-) s':e plan) Pumps r -orking order: (Yes or No) Alarms ,.n ,oiking order (Yes or No) Commer.:s (note Cordition of pump chamber, condition of pumps and appunenances, etc.) r - - P.q. 7 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) c Property Address: 942A West Main Street Hyannis,Mass. Owner: John Lebel Date of Inspection: 4/1 /9 8 SOIL ABSORPTION SYSTEM (SAS): ItWt�/i/1/�ifVSr (locate on site plan, if possible; excavation not required, but may be approximated by non intrusive methods) If not determined to be present, explain: Type: leaching pits, number: leaching chambers, number: leaching galleries, number: leaching trenches, number,length: d leaching fields, number, dimensions. overflow cesspool, number: (� Alternative system: t)4 Name of Technology: J1 Comments: (note con rtion of il, signs of hydraulic failure, lev of ponding, condition of veget Lion, etc J _ -irk 1A / / L CESSPOOLS: /Ltw< (locate on site plan) Number and configuration: iU/+ Depth-top of liquidto inlet invert: IV.# Depth of solids layer: i{l Depth of scum layer: y Dimensions of cesspool: �Ufif Materials of construction: �/ft Indication of groundwater: inflow (cesspool must be pumped as pan of inspection) F-4-1 D S V. Comments: (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.) PRIVY: Ilocate on site plan) Materials of construction: Dimensions: IV14 Depth of solids:/,1/y Comments: (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.) (r.vi..d 04/25/27) P.y. 8 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORtis PART C SYSTEM INFORMATION (continued) Propeny Address: 942A West Main Street Hyannis,Mass . Owner: John Lebel Date of Inspection: 4/1 /98 SKETCH OF SEWAGE DISPOSAL SYSTEM: i.n;lude ties to at least two permanent references landmarks or benchmarks locate all wells within 100' (locate where public water supply comes into house) 1 3 �f (r•v1••C C�/:s/971 F.y. 9 of 10 w SUBSURFACE SEWAGE DISF SYSTEM INSPECTION FOR.% 11 SYSTEM INFOI. :;ON (continued) ' Property Address: 942A West Main Street Hyannis,Mass . Owner: JOHN Lebel Date of Inspection: 4/1 /98 Depth to Groundwater 'S Feet Please indicate all the methods used to determine High Groundwa'(Y El(:-a.ion: �Ootained from Design Plans on record _� �bservaUon of Site (Abuning grope bservation hole, baserrw&simp etc.) De!ermine iI from IOcal Conditions /C neck �n o) local Board Of health —1�— Cneck FEMA Maps Check pumping records � Cneck local excavators. installers Use USCS Data Describe in your own words how you established the High Grounde,rcr-Elevatlon. Must be completed) Used Water contours Map. Gahrety & Miller Model 12/16/98 TOWN OF Barnstahl e WARD OF HEALTH y I SUIISURFACF BFHACF DI SNSAL SYSTF,M I N311FCTI ON FORM - PART U - CF,It'f l F I CrIT I c; ...t•-- �•.-...—�,I I��T.T.�1-.'.1T1 TT nR1/TTTT'.r—'.1^l,fT^'\T�1Cr TTRl�'!f m�.'•TT14T1 -TYPE OR PRINT CI.EARLI"- PROPERTY INSPECTED STREET ADDRESS 942A West Main Street Hyannis,Mass . ASSESSORS MAP , BLOCK AND PARCEL # 0-6-A OWNER' S NAME John Lebel PART D - CERTIFICATION NAME OF INSPECTOR Joseph P.Macomher .7R _ COMPANY NAME J.P.Macomber. & Son Inc. COMPANY ADDRESS Box 66 Centerville,Mass . 02632 Strvvt Town or City 5i.t� t!r COMPANY TELEPHONE ( 508 775 - 3338 FAX (508 1 790 - 1 578 CERTIFICATION STATEMENT I certify that I have personally inspected the sewage disposa`1 Sys _em, this nddress and that the information reported is true , accurate , and Y complete as of the time of -inspection . The inspection was performed and anti• recommendations regarding upgrade , maintenance , and repair are consistent with my training and experience in the proper function and maintenance site sewage disposal systems . Check one : System PASSED The inspection which I have conducted has not found any inforrla* ion which indicates that the system fails to adequately protect pub! ; , health or the environment as defined in 310 CMR 15 - 303 , Any fai _u e criteria not evaluated are as stated in the FAILURE CRITERIA sect : o:) of this form . System FAILED# The inspection which I have con acted has found that the system ''c. - s t Protect the jiublic health and the environment in accordance with T_ le 5 , 310 CMR 15 . 303 , and as specifically noted on PART C - FAILUR CRITERIA of this inspection form . Inspector Signature Date /L One copy of this certification must be provided to the OWNER , the BUYER ( where applicable ) and the I30ARD OF 119AL'111 . • If the inspection FAILED , the owner orloperator shall upgrade the eX-3et7 within one year of the date of the inspection , unless allowed or requi ' otherwise as provided in 310 CF1R 15 ..305 . pay '! . d0C r DATE : 4/1 /98 PROPERTY ADDRESS: 942 West Main Street ----------------------- Hyannis, ------------------------ Mass. 02601 ------------------------ On the above date, I inspected the septic system at the above address. This system consists of the following: 1 . 1 -1 500 gallon septic tank. '"" APR 9 1998 2 . 1 -Distribution box. Totq�f 3 . 2-1000 gallon precast leaching pits. o� HE' Based on my inspection, I certify the following condition :e 4 . This is a title five septic system. ( 78 Code ) _ 5 . The septic system is in proper working order at the present time. 6 . Pumped septic tank as part of inspection. SIGNATUR Name: J . P. Macomber Jr. Company:Josh Pam_ M�coml��r Son, Inc. A d d r e s s : BQx _��_-------_—__ ------------- ---Cent-ezv- _ba--Q-Z632-0066 Phone: -5 0 8-7 7 5-3 3 3 8 - ------------------- THIS CERTIFICATION DOES NOT CONSTITUTE A GUARANTY OR WARRANTY • rJOSEPH P. MACOMBER & SON, INC. Tanks-Cesspools-Leachfields Pumped & Installed Town Sewer Connections P.O. Box 66 Centerville, MA 02632-0066 775-3338 775-6412 h V COMMONWEALTH OF MASSACHUSETTS fD EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617.292•5500 L D1'COS NILLIA>t F.WELD TP. Srrct� Govcmor ARGEO PAUL CELLUCCI DAVID B STRL'tl Lt.Govcmor SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM Commission, PART A CERTIFICATION John Lebel Property Address: 942 West Main. Street Hyannis Address of Owner: Box 1 01 1 Date of InspectionA/1 98 (If different) Ostervi l le,Mass . Name of Inspector: ,To-,Pp h P-Mar-amber Jr. I am a DEP approved system inspector pursuant to Section 15.340 of Title 5 (310 CMR 15.000) 02655 Company Name: J.P.Macomber & Son Inc. Mailing Address: BOX 66 Centerville,Mass . 02632 Telephone Number: c,0 t3_'7'7 5_3 V 3 ft CERTIFICATION STATEMENT 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 inspection. The inspection was performed based on my training and experience in the proper iunction and maintenance of on-site sewage disposal systems. The system: 2passes Conditionally Passes Needs Further Evaluation By the Local Approving Authority _ Fails Inspector's Signature: / Date: The System Inspector ?1 ,ubmit a copy of this inspection report to the Approving Authority within thirty (30) days of completing tn,s 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 Department of Environmental Protection. The original should be sent to the sys:em owner and copies sent to the buyer, if applicable, and the approving authority. INSPECTION SUMMARY: Check A, B, C, Or D: AI 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: /00 One or more system components as described in the "Conditional Pass" section need to be replaced or repaired. The system, upor completion of the replacement or repair, as approved by the Board of Health, will pass. Indicate ye. , no, or not determined (Y, N, or ND). 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 insoection, o, the septic tank, whether or not metal, is cracked, structurally unsound, shows substantial infiltration or ezfiltranon, or tank failure is imminent. The system will pass inspection if the existing septic tank is replaced with a conforming sepic tank as approved by the Board of Health. (revised 04/25/97) Page 1 of 10 DEP on the Wond Wide Web: http:1twww.magnet state.ma usrdep Printed on Recycied Paper SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FOR,ti� PART A c � CERTIFICATION (continued) Property Address: 942 West Main Street Hyannis,Mass . O-ner: John Lebel Date of inspection: 4/1 /98 B) SYSTEM CONDITIONALLY PASSES (continued) A,Yd Sewage backup or breakout or high stain water level observed in the distribution box is cue croken c~ c_s pipets) or due to a broken, sealed or uneven distribution box. The system will pass nspzc• T (w ' a� 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 Di .e s. The s.ste- "speclion J (with approval of the Board of Health) broken pipes) are replaced obstruction is removed FURTHER EVALUATION IS REQUIRED BY THE BOARD OF HEALTH: Conditions exist which require funher evaluation by the Board of Health in order to determine if ,r,e s.r.em 1s a public health, safety and the environment. t) SYSTEM WILL PASS UNLESS BOARD OF HEALTH DETERMINES THAT THE SYSTEM 15 NOT FUN'CTiONiNG IN AE� WHICH WILL PROTECT THE PUBLIC HEALTH AND SAFETY AND THE ENVIRONMENT: ,{/ Cesspool or pjryy is within 50 feet of a surface water Cesspool or privy s within 50 feet of a bordering vegetated wetland or a sail marsh 2) SYSTEM WILL FAIL UNLESS THE BOARD OF HEALTH (AND PUBLIC WATER SUPPLIER, IF APPROPRiATE) Di-1:2 i THE SYSTEM 15 FUNCTIONING IN A MANNER THAT PROTECTS THE PUBLIC HEALTH AND SAFETY AND T.H. ENVIRONMENT: 420 The system has a septic tank and soil absorption system (SAS) and the SAS is within 100 fee: c a s ^ac 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 The system has a septic tank and soil absorption system and the SAS is within 50 feet of a Dr •ate �a:e, s- 4&7 The system has a septic tank and soil absorption system and the SAS is less than 100 feet out 5; ieet Dr private water supply well, unless a well water analysis for coliform bacteria and volaide orga-,c ccmco rice, :, the well is free from pollution from that facility and the presence of ammonia nitrogen anc n :,a:e less than 5 ppm. Method used to determine distance (approximation not val•c, 3) OTHER AP - — A)17 -- lr•v1 •d 0�/75/f7) ➢•y• 2 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION (continued) c ' Property Address: 942 West Main Street Hyannis,Mass . Owner: John Lebel Date of inspection:4/1 /98 D) SYSTEM FAILS: You must indicate ew er "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 C,NtR 13.303 e oa> s for this determination is identified below. The Board of Health should be contacted to determine wha: will be necesszry conec the failure Yes No JAG/ Backup of sewage into faciliry 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 c:ogge•. Sx•S o, cesspool. Static liquid level in the distrr/pution box above outlet invert due to an overloaded or eloggec SAS or cessooc' Liquid depth in is less than 6" below invert or available volume is less than 1/2 day (how. Required pumping more than 4 times in the last year NOT due to clogged or obstructed pipe(s) Number of times pumped d Any portion of the Soil Absorption System, cesspool or privy is below the high groundwater ele,,at,on Any portion of a cesspool or privy is within 100 feet of a surface water supply or tributary 'c a sunace -ate, sr Any portion of a cesspool or privy is within a Zone I of a public well Any ponion 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 prnate water suo::� -el. -r, ne acceptable water quality analysis. If the well has been analyzed to be acceptable, attach copy of well wa;Pr ar.3 ysIs for coliform bacteria, volatile organic compounds, ammonia nitrogen and nitrate nitrogen. El LARGE SYSTEM FAILS: You must indicate either "Yes- or "No" as to each of the following: The following criteria apply to large systems in addition to the criteria above: V6 The system serves a facility with a design flow of 10,000 gpd or greater (Large System) and the system is a s,gnif,C-an: inre.,: :o public health and safety and the environment because one or more of the following conditions exist Yes No AA the system is within 400 feet of a surface drinking water supply d2e the system is within 200 feet of a tributary to a surface drinking water supply IUQ the system is located in a nitrogen sensitive area (Interim Wellhead Protection Area - IWPA) or a mappeC ?on: r public water supply well) The owner or operator of any such system shall bring the system and facility into full compliance with the groundwater treat.Tent requirements of 314 CMR 5.00 and 6.00. Please consult the local regional office of the Department for further information (r.v3..d 01/75/97! P.y. 3 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART B L , CHECKLIST Property Address: 942 West Main Street Hyannis,Mass, Owner: John Lebel Date of Inspection: 4/1 /9 8 Check if the following have been done: You must indicate either "Yes" or "No" as to each of the following: Yes No 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 recen[!i or as part of this inspection. _ As built plans have been obtained and examined. Note if they are not available with N/A. _ The facility or dwelling was inspected for signs of sewage back-up. The system does not receive non-sanitary or industrial waste flow. The site was inspected for signs of breakout. All system components, WK- luding the Soil Absorption System, have been located on the site. OZ/ _ The septic tank manholes were uncovered, opened, and the interior of the septic tank was inspected for condition of baffles or tees, material of construction, dimensions, depth of liquid, depth of sludge, depth of scum. — The size and location of the Soil Absorption System on the site has been determined based on: The facility owner (and occupants, if cjfferent from owner) were provided with information on the proper mainienance of Sub-Surface Disposal System. ,Z Existing information. Ex. Plan at B.O.H. _ Determined in the field (if any of the failure criteria related to Part C is at issue, approximation of distance is unacceptable) [15.302(3)(b)J (r•v1sed 04/25/97) P•g• 4 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C z , SYSTEM INFORMATION Properly Address: 942 West Main Street H anni s Mass . Owner: John Lebel Date of Inspection: 4/1 /9 8 FLOW CONDITIONS RESIDENTIAL: Design flows, �(;U_,g.p.d/bedroom for S.A.S. Number of bedrooms: Number of current residents/ ' Garbage grinder (yes or no):V Laundry connected to system (yes or no): Seasonal use (yes or no):N6 Water meter readings, if available (last two (2) year usage (gpd): � �y✓�Jrd 1�� / 7�= Y yl /�r� a'�' Sump Pump (yes or no):-A1_ Last date of occupancy:/ COMMERCIAUINDUSTRIAL: Type of establishment: It/Al Design flow: &,dgallons/day Grease trap present: (yes or no)&,& Industrial Waste Holding Tank present: (yes or no)� Non-sanitary waste discharged to the Title S system: (yes or no),i// Water meter readings, if available.__�l/� _ Last date of occupancy: OTHER: (Describe) /1�( Last date of occupancy: i{/!F- GENERAL INFORMATION PUMPING CORDS an so r of i formation: Syste pumped as part of inspection: (yes or no) 5 If yes, volume pumped: 46b0 gallons Reason for pumping: TYPEO EM Septic tank/distribution box/soil absorption system Single cesspool _�z�P Overflow cesspool _ )e Privy Shared system (yes or no) (if yes, attach previous inspection records, if any) I/A Technology etc. Copy of up to date contract? Other t2 PP1R0X TE C fp l co portents, qate installed f known) and source of information_1 15�/��i Sewage odors detected when arriving at the site: (yes or no) (revised 04/25/97) Page 5 of 10 i SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) r Property Address: 942 west Main Street Hyannis,Mass . Owner: John Lebel Date of Inspection:4/1 /98 BUILDING SEWER: (Locate on site plan) J/ Depth below grade: Material of construction: -0-clast iron jv_ 40 PVC _ other (explain) Distance from private vate water supply well or suctionfx line l w, D ameter Cct ents: (condition of joints, venti g, evidence of Igakage, etc.) zE SEPTIC TANK:Lt-jot (locate on site plan) , U Depth below grade: `6 Material of construction: 1-:f6concrete _metal _Fiberglass _Polyethylene _other(explain) If tank is metal. list age��[_ Is age confirmed by Certificate of Compliance VA (Yes/No) Sludge depth: Distance from top of sludge to bonom of outlet tee or baffle: Scum thickness:_ D'stance from top of scum to top of outlet tee or baffler_ Distance from bosom of scum to bosom of out( t to or baffler How dimensions were determined: � ' Comments (recommendation for pumping, conditi of inlet and outlet tees or baffles, depth of liquid level ,n relation to outlet inven, su�cura integr evidence of leakage, etc.) % r ' _ To j 0 el GREASE TRAP:Aj el (locate on site plan) Depth below grade: A14 material of con struction:i(�concrete4,dmetaIA1RFiberglass4/A_Pol yet hylen&yAother(expl a in) N, Dimensions: NA Scum thickness: 41114 Distance from top of scum to top of outlet tee or baffler_ Distance from bosom of scum to bosom of outlet tee or baffle:A4 Date of last pumping: ev,Q Comments: (recommendation for pumping, condition of inlet and outlet tees or baffles, depth of liquid level in relation to outlet invert, struc.uLl integrity, evidence of leakage, etc.) 457 7- (r.vi..d O015/97) P.g. 6 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) r. Property Address: 942 West Main Street Hyannis,Mass . O"ner John Lebel Date of inspection:4/1 /98 TICHT OR HOLDING TANK:&/D.Cj 41ank must be pumped priur to, or at time, of inspet:iion) (locate on s-le plan) Depth oelo- grade 'V1* Mater.ai o' con struction:t .AconcreteAAmetal44Fiberglass.G;6Polyethylene,�other(explain) D.mens,ons IL/A Capac'^/ XA gallons Design f"o., AW gallons/day Alarm. lerel _;4 _ Alarm in working o(deriV4 )'es' L Nu Dale o' orev'ous pumping. IVA Commen:p (cond�t'on of nlet tee, condition of alarm and float switches, etc I u, T mh , �1� I►42 �' AeT J DISTRIBUTION BOX: tloca:e on s,te plan) DeO:r C.,d level above outlet -nven Com^�er:s (ni I et and distribution is qugI evidence of solids carryover, evidence of leakage into or out of box, etc.) / PU."P CHA,sBER:&�Ve IlocxC On site plan) Pumps r. o(king order (Yes or No)14)14 Alarms .n "orkmg order (Yes or No)-&4 Commer:s (note Cor-0it,on of pump chamber, condition of pumps and appun(!nances, etc.) lr.� .•c .�/23/97) P,g. 7 of 10 f ; SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address: 942 West Main Street Hyannis,Mass . Owner: John Lebel Date of Inspection:4/1 /98 SOIL ABSORPTION SYSTEM (SAS): CC/44 —A'' (locate on site plan, if possible; excavation not required, but may be approximated by non intrusive methods) If not determined to be present, explain: Type: leaching pits, number: t leaching chambers, number: n leaching galleries, number:= leaching trenches, number,length:— leaching fields, number, dimensions: (> overflow cesspool, number: Alternative system: 104 �p Name of Technology: i Comments: (note con ition of oil, signs of hydraulic f tire, I vel of ponding, condition of vegetatio etc.) ,e CESSPOOLS:AQwL_ (locate on site plan) Number and configuration: Z1,4 Depth-top of liquid,to inlet invert: 40 Depth of solids layer:_ Depth of scum layer: Dimensions of cesspool: >i¢ Materials of construction: indication of groundwater: 'ell inflow (cesspool must be pumped as pan of inspection) Comments: (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.) 02 PRIVY: z,,2we, (locate on site plan) Materials of construction: Dimensions ilk Depth of solids:-Z2,J—' Comments: (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.) /�-1 Llv IS yxP T B (:.vs..d 04/25/97) P.9. 8 of 10 L� SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FOR,lo J PART C SYSTEM INFORMATION (continued) Properly Addfess: 942 West Main Street Hyannis,Mass . O`rner: John Lebel Date of Inspection: 4/1 /98 SKETCH OF SEWAGE DISPOSAL SYSTEM: ,,;I oe ties to at least two permanent references landmarks or benchmarks locate all wells within 100' (Locate where public water supply comes into house) lnhlin I \ I r (r.v1..d C4/2$/97) ?ago 9 of 10 SUBSURFACE SEWACE DISP• t SYSTEM INSPECTION FORm i SYSTEM INFOI. :iON (continued) Property Address: 942 West Main Street Hyannis,Mass . Owner: JOhn Lebel Date of inspection: 4/1 /98 Depth to Croundwaterg IFeet Please nd,cate all the methods used to determine High CroundwaW Eltc.a.jon. Ootained from Design Plans on record �Ob, rvation of Site (Abusing property observation hole, baserrvril-limp etc.) --4_/Determine it from local conditions Check with local Board of health Check FEMA Maps heck pumping records neck local excavators. installers Use USCS Data Descr,be n your own words how you established the High Croundwa,er;ievation. Must be completed) IUsed water contours Map. Gahrety & Miller Model 12/16/94 li•vi•.0 0�/25/97) P•5 lbo: 10 I TOWN OF Rarns}-ah,LA WARD OF HEALTH SUnSHFACF 9F.HA(;F DISPOSAL SYSTEM INSPECTION FORM - PART D CERTIFICATION I... .T......-� )._�T.r.�.'�:TTT.T'TT-TT'.-•.1^t.'T`r'\Rl'1Pr•7TT�P+r IR'1OTRTr1iT1 IT.I I''T1TmPY l9-TTT�r�r.-rr r- �.r -TYPE OR PRINT CLEARLY- PROPERTY INSPECTED STREET ADDRESS 942 West Main Street Hyannis,Mass . ASSESSORS MAP , BLOCK AND PARCEL # _ a '5"-11 OWNER' s NAME John Lebel - PART D - CERTIFICATION NAME OF INSPECTOR Joseph P.Macomber Jr. COMPANY NAME J.P.Macomber & Sceb' Inc. COMPANY ADDRESS Box 66 Centerville,Mass . 02632 Street Town or City State I I P COMPANY TELEPHONE ( 1 - FAX ( ) 75 3338 508 790 1579 CERTIFICATION STATEMENT • I certify that I have personally inspected the sewage disposal System �. this address and that the information reported is true , accurate , and complete as of the time of .inspection . The inspection was performed and 811%, recommendations regarding upgrade , maintenance , and repair are consistent with my training and experience in the proper function and maintenance of on site sewage disposal systems . Check one : �/ Systevi PASSED The inspection which I have conducted has not found any information which indicates that the system fails to adequately protect public health or the environment as defined in 310 CMR 15 , 303 , Any fai 'u :(2 criteria not evaluated are as stated in the FAILURE CRITERIA secti �:l of this form . System FAILED* The inspection which I have �conacted has found that the system Protect the public health and the environment in accordance wit`. 5 , 310 CMR 15 . 303 , and as specifically noted on PART C - FAILURE CRITERIA of this inspection form . r Inspector Signature Date One copy of this certification must be provided to the OWNER , the DUYER ( where applicable ) and the I30ARD OF HEALT1[. • If the inspection FAILED , the owner or operator shall upgrade the ey3tem within one year oC the date of the inspection , unless allowed or requi e+ otherwise as provided in 310 CHR 15 , 305 . dcc L = r Fi ) THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION BE IT KNOWN THAT Joseph P. Macomber, Jr. Has satisfied the Department's qualifications as required and is hereby authorized to use the title CERTIFIED TITLE 5 SYSTEM INSPECTOR as provided in 310 CMR 15 .340 and Section 13 of Chapter 21 A of the General Laws. Issued by The Department of Environmental Protection. June 8, 1995 Acting Director of [lte ion of Water Pollution Control i Town-of Barnstable r# Arm" f Department of Regulatory Services f. „ z Public Health Division Date C 3 �' ,6sa'.peg 200 Main Street,Hyannis MA 02601 � Date 8cfit doled rne. Q o Fee Pd. ,foil Suitability Assessment for Sewa e D�,sMqtalJ IA Performed By: e`.�'�o- ` t'e'e• � C S� Witnessed By: LOCATION & GENERAL INFORMATION Location Address 9 2 vV eS�- N1a� r" ' Owner's Name W�s-� S�C6. 9vace LC Cr: 14 )&ddress 2 �1 Olr v�.53- Q 2Ci1 Assessor's Map/P$rcel: .may q - 05y -OOA j Engineer's Name k NEW CONSTRUITION REPAIR --2�— I Telephone# 7'2 Land Use S r0.1 ' ` j4-I^ "S►op Surface Stones Distances from: Clpen Water Boay 1,V ft Possible Wee Area7f ft Drinking Water We 7 it 4 y 1 SrU ft Property Line ft Other ft -,,Drainage Wa SIMTCH ($treet name,.dimensions of lot,exact locations of test holes&perc tests,locate wetlands in proximity to holes) - �- N m�,7W 4, \ Depth to Sec(rock �.32- ..- Parent material(geologic) I Depth to Groundwater: 'Standing Water in Hole: /V JA Weeping from Pit FAce Estimated Seasonal;ftb Groundwater - DtTERM NATION FOR SEASONAL HIGH WATER TABLE Method Used: Depth dbserved standing in obs.hole: _in, Depth to spil motths: ln. Depth tolweeping from side of obs.hole: in, Groundwater A ustment fr Index Well#____ Reading Date Index We11 level- - Acu.factor Ate.�tGgtldWater Level • i PERCOLATION TESL' Nte � �O G Observation 2 Time at9" Hole# t1 �p rL '.�.".._... .....�...^. Depth of Perc G •� -lam S"f Time at G" � Start.Pre-soak Time C� 0 Timeo 9 -G ) End Pre-soak 16 l fO �Z- I t✓1 Z.� .���' � .. < -4- Rate MmAnch 2 ��, �n z Site Suitability Assc$sment: Site Passed — Site Failed; Additional Testing Needed(YIN) Original: Public M41th Division Observation Hole Data To Be Completed on Back---------- ***If percolation test is to be conducted within 100' of wetland,you must first notify the Barnstable C4# ervation Division at least one (1)wedk prior to beginning. 'DEEP OBSERVATION HOLE LOG Hole# A Depth from Soil Horizon Soil Texture Soil Color Soil other Surface(in.) (USDA) (Munsell) Mottling (Struc re,Stones,Boulders. on istene % ravel ,�.(6 o (Zs ®—t3 M=e- s 7 DEEP OBSERVATION HOLE LOG. Hole# Depthlrorn Soil Horizon Soil Texture Soil Color Soil Other Surface(in.) (USDA) i (Munsell) Mottling -(Structure,Stones,Boulders. . nsistenc %Gravel) tb�3 CJS DEEP OBSERVATION HOLE LOG Hole# Depth from Soii Horizon Soil Texture Soil Color Soil Other Surface(in.). {USDA) (Munsell) Mottling (Sttucture;Stones,Boulders. .° onsi tenc Ora e 'DEEP OBSERVATION HOLE LOG Hole# Depth from Soil Horizon Soil Texture Soil Color Soil Other Surface(in.) (USDA) (Munsell) Mottling (Structup;.Sionesr Boulders. ' onsi r i C in-c, -2,L-5-Tolq = Flood Ma"'-- -- - _ - - - -- - -- - Above SAO year flood boundary `No Yes V , Within 90o year boundary No Yes.�-- within 100 year flood boundary No Yes Depth of Natu#a Occurrin Pervious Material Does at least fo r feet of naturally occurringpervious material exist in all areas observed throughout the` area proposed fpr the soil.absorption;system? �S If not,what is the depth of naturally occurring pervious material? Certification / } I certify that on, U (date)I have passed the soil evaluator examination-apprpved by the Department of nviro mental Protection and that the above analysis was performed'by tide`consistent with thelret)wred tra expertise and experience described in 310 CMR 15.017 Signature• .j• f4 Q:ISEPTICIPERCMRM.DOC r. DATE :_4�1 PROPERTY ADDRESS:-942C West Main-Street-- Hyannis, ------------------------ Mass . 02601 r ------------------------ On the above date, I inspected the septic system at the b"aaddaresjs. This system consists of the following: 998 'ow^r nF e<:: 1 . 1 -2500 gallon septic tank. Or ' TN 2 . 3-Propsed 1000 gallon precast leaching pits. 3 . 1 -Distribution box. w. V of. Based on my inspection, I certify the following conditions: 4 . This is a title five septic system. ( 78 Code ) 5 . The propsed leaching pits are under the asphalt Parking area. 6 . Rec: Covers be located and cast iron rings and covers be brought to grade for service access. 7 . Pumped septic tank,No water came back from the leaching pits . Presently they are in working order. l� 8 . The septic system is p y SIGNATUR _ 2 presently in working order. - -~ Name:- J . P. Macomber Jr. Company: JoseQh _p,_ M_�acomt�er __& Son, Inc . Address:_-BQX _E.Q ------------ -- Q�nt-ery�-lle,-ba-_Q2632-0066 Phone:--508-775-3338 ------------------- THIS CERTIFICATION DOES NOT CONSTITUTE A GUARANTY OR WARRANTY + FP. MACOMBER & SON, INC. anks-Cesspools-Leachfields Pumped & Installed Town Sewer Connections 66 Centerville, MA 02632-0066 775-3338 775-6412 } \ COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET. BOSTON, MA 02108 017.292 <500 ?F C ILLI.aNt F WELD Gos crnor ARGEO PAUL CELLUCCI DA',:C 3 ST: Lt.Go\cmot SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION John Lebel Property Address:942C West Main Street Hyannis Address of Owner: BOX 1 01 1 Date of Inspection: 4/1 /g8 (If different) Osterville,Mass . Name of Inspector:JOSep P.Macomber Jr 02655 1 am a DEP approved system inspector pursuant to Section 15.340 of Title 5 (310 CMR 15,000) Company Name: ,T_P_MacnmhPr R Sc)n Tnc Mailing Address: Rnx 66 ('-ntQgXri 1 11 10,ma-g.g 32 Telephone Number: 508 7�5 3 3 3 0 � - -Tr-.r—T.r�v CERTIFICATION STATEMENT I certify, that I have personally inspected the sewage disposal system at this address and that the information reported oeio" is .,r. ,, accu, and complete as of the time of inspection. The inspection was performed based on my training ar.d experience in the proDc•r arc. ar maintenance of on-si;7pas$es seage disposal systems. The system: Conditionally Passes _ Needs Further Evaluation By the Local Approving Authortry _ Fails ' Inspector's Signature: Date: d The System Inspector shall submit a copy of this inspection report to the Approving Authority within thirty (30) days of comp4e:11g tn,s inspection. If the system is a shared system or has a design flow of 10,000 gpd or greater, the inspector and the system o"-,�e1 sr a!I subr the repon to the appropriate regional office of the Department of Environmental Protection. The original should be sent to tr,e s.ser-,. 01 and copies sent to the buyer, if applicable, and the approving authority. INSPECTION SUMMARY: Check A, B, C, or D A) SYSTEM PASSES: I have not found any information which indicates that the system violates any of the failure criteria as defined ir. 31.0 ;%+z 'S 3 Any failure criteria not evaluated are indicated below. COMMENTS: B) SYSTEM CONDITIONALLY PASSES: One or more system components as described in the "Conditional Pass" section need to be replaced or repairec -.n:, s• ,�—. _ completion of the replacement or repair, as approved by the Board of Health, will pass. Indicate yes, no, or not determined (Y, N, or ND). Describe basis of determination in all instances. If "not determined', exD!a r r,. na 1W The septic tank is metal, unless the owner or operator has provided the system inspector with a copy of a Cer f cate o Compliance (attached) indicating that the tank was installed within twenty (20) years prior to the date o� the r,Y tior the septic tank, whether or not metal, is cracked, structurally unsound, shows substantial infiltration or exfd,.-3: c•r of failure is imminent. The system will pass inspection if the existing septic tank is replaced with a conform,ne. as approved by the Board of Health. (r•vix•d 04/25/97) Page 1 of 10 DEP on the World Wide Web hnp jt ww magnet state ma u"eD 0 Printed on Recycled Paoer SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM ^ PART A CERTIFICATION (continued) y Propeny Address: 942C West Main Street Hyannis,Mass . O»ner: John Lebel Date of Inspection: 4/1 /98 B) SYSTEM CONDITIONALLY PASSES (continued) k-A Sewage backup or breakout or high static water level observed in the distribution box is cue :D oroer, c pipes) or due to a broken, settled or uneven distribution box. The system will pass nspectio.n :i tw,ln a Board of Health). Describe observations: broken pipe(s) are replaced obstruction is removed distribution box is levelled or replaced 10 The system required pumping more than four times a year due to broken or obsuuv-sed p Ge.s Tne s,s; nspection if (with approval of the Board of Health): broken pipes) are replaced obstruction is removed n FURTHER EVALUATION IS REQUIRED BY THE BOARD OF HEALTH: Conditions exist which require funher evaluation by the Board of Health in order to determine if the ss s:em is a: public health, safety and the environment. t) SYSTEM WILL PASS UNLESS BOARD OF HEALTH DETERMINE$ THAT THE SYSTEM IS NOT FUNCTiONItiC x WHICH WILL PROTECT THE PUBLIC HEALTH AND SAFETY AND THE ENVIRONMENT: 12a Cesspool or pis ry is within So feet of a surface water 1 Cesspool or privy 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 APPROFR'ATE') DE-Ti..•'..'•i THE SYSTEM 15 FUNCTIONING IN A MANNER THAT PROTECTS THE PUBLIC HEALTH AND SAF;� AND Tr:; ENVIRONMENT: The system has a septic tank and soil absorption system (SAS) and the SAS is within 100 feet .o a s_r ace tributary to a surface water supply. The system has a septic tank and soil absorption system and the SAS is within a Zone I o` a . of c "a:e The system has a septic tank and soil absorption system and the SAS is within So feet of a ; -ate -a:er The system has a septic tank and soil absorption system and the SAS is less than 100 feet out 57 lee( private water supply well, unless a well water analysis for coliform baciena and volatile orgo-C comco.rc, the well is free from pollution from that facility and the presence of ammonia nitrogen and ^,:ra:e n,:re3e- less than 5 ppm. Method used to determine distance (approximation not val, 4j 3) OTHER dd lr•vi •d 0�/15/f7! ➢•y• 2 o1 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION TORm PART A CERTIFICATION (continued) i Property Address: 942C West Main Street Hyannis,Mass. Owner: ,John Lebel Date of Inspection:4/1 /98 DJ SYSTEM FAILS: You must indicate ei:• er 'Yes" or "No' as to each of the following: p I have determined that the system violates one or more of the following failure criteria as defined in 310 C•NIR 15.301 ire oas.S for this determination is identified below, The Board of Health should be contacted to determine what will be necessarn .c coned the failure. Yes r:o 1� 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 c1ogge S',S cesspool. Static liquid level in the distri ution box above outlet inven due to an overloaded or cloggec SAS or cess-,oc' t� l4cb�9 AT,3 liquid depth in is less than 6" below invert or available volume is less than 1/2 day 'iow. Required pumping more than 4 times in the last year NOT due to clogged or obstructed pipes) Number of times pumped �. Any portion of the Soil Absorption System, cesspool or privy is below the high groundwater e'eva;,on Any portion of a cesspool or privy is within 100 feet of a surface water supply or tributary to a surface -a:er s Any portion of a cesspool or privy is within a Zone I 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 pritiale water suael, •.e:• ne acceptable water quality analysis. If the well has been analyzed to be acceptable, anach copy of well Ovate, ar,.d >;s :Or coliform bacteria, volatile organic compounds, ammonia nitrogen and nitrate nitrogen. El LARGE SYSTEM FAILS: You must indicate either "Yes" or "No" as to each of the following: The following criteria apply to large systems in addition to the criteria above: The system serves a facility with a design flow of 10,000 gpd or greater (Large System) and the system is a s,gnifican: in e„ to public health 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 public water supply well) The owner or operator of any such system shall bring the system and facility into full compliance with the groundwater requirements of 314 CMR 5.00 and 6.00. Please consult the local regional office of the Depanment for funher information Leaching pits are under the parking lot. Cover should be raised with cast iron rings and covers to grade. This for visual and service access. (r•ylrr.d 04/35/97) ➢•q• 3 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART B CHECKLIST Property Address: 942C West Main Street Hyannis,Mass. Owner: John Lebel Date of Inspection: 4/1 /9 8 Check if the following have been done: You must indicate either "Yes" or "No" as to each of the following: Yes N� / 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 nornna flow rates during that period. Large volumes of water have not been introduced into the system recenuq or as part of this inspection. _ As built plans have been obtained and examined. Note if they are not available with N/A The facility or dwelling was inspected for signs of sewage back-up. The system does not receive non-sanitary or industrial waste flow. The site was inspected for signs of breakout. _ All system components luding the Soil Absorption System, have been located on the site. The septic tank manholes were uncovered, opened, and the interior of the septic tank was inspected for condition of baffles or tees, material of construction, dimensions, depth of liquid, depth of sludge, depth of scum. The size and location of the Soil Absorption System on the site has been determined based on: The facility owner (and occupants, if different from owner) were provided with information on the proper maintenance of Sub-Surface Disposal System. Existing information. Ex. Plan at B.O.H. Determined in the field (if any of the failure criteria related to Part C is at issue, approximation of distance is unacceptable) (15.302(3)(b)) 1 . The leaching pits have not been located. They are under the asphalt parking area. The cover should be brought to grade with cast iron rings and covers to grade. This is for visual and service access . 2 . Can not verify size of the soil absorption system. The soil absorption system is under the asphalt parking area . (r.vi..d 04/25/97) P.y. 4 01 10 �5 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION Y Property Address: 942C West Main Street Hyannis,Mass . Owner: John Lebel Date of Inspection: 4/1 /98 FLOW CONDITIONS RESIDENTIAL: Design flow: ! 2.p.d./bedroom for S.A.S. Number of bedrooms: ne Number of current residents: Garbage grinder (yes or no):iU Laundry connected to system (yes or no):4:91—�1 Seasonal use (yes or no): AID Water meter readings, if available (last two (2) year usage (gpd): 157�tv= Sump Pump (yes or no): VO laljo p Last date of occupancy: COMMERCIAUINDUSTRIAL: Type of establishm nt: Design flow: gallons/day Grease trap present: (yes or no)—A.0 industrial Waste Holding Tank present: (yes or no)A Non-sanitary waste discharged to the Title 5 system: (yes or no)'W Water meter readings, if available: AA ti4 Last date of occupancy: OTHER: (Describe) M Last date of occupancy: GENERAL INFORMATION PUMPING CORDS nd source of in ormation: System pumped 6s part of inspection: (yes or no):Xi If yes, volume pumped: SDC> gallons Reason for pumping: 1 L"'w��lLyil1 J TYPE OF SYSTEM _Septic tank/distribution box/soil absorption system /f�Q Single cesspool A.In Gverflow cesspool 4_�Q Privy AJShared system (yes or no) (if yes, attach previous inspection records, if any) VA Technology etc. Copy of up to date contract? Other APPROXIMATE AGE of all components, date installed (if known) and source of information: Sewage odors detected when arriving at the site: (yes or no) /Uhl (rwimed 04/25/97) P&ge 5 of 10 beets: John Lebel West Side Place cuftsw code: Addmu: 942 West Main Street Town: Centerville state: Mawq aftm: Nows: 8/4/92 pump T 115.00 8111/92 1212193 pump 2 pools 260.00 rec 12/10/93 12/17/93 bldup 175.88 12/31/93 6/9/95 pump 3 pools 420.00 raise cov 41.44 6/30/95 9/6/95 pump T 245.00 9/22195 1/30/96 pump 2 loads 450.00 2/16/96 2116/96 system 2T,2DB,2LP 6685.36 3/13/96 3/14196 pump t new cov to grade 510.42 #3 4/17/96 5/6/97 repair line to tank SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) ' Property Address: Owner: Date of Inspection: BUILDING SEWER: (Locate on site plan) /I Depth below grade: ` 4ve'r, _ Material of con strunion: /cast uon _ 40 PVC other (explain) Distance from private water supply well or suction line D ameter q/ Comments: (condition of joints, venting, evidence of leakage, etc.) / ✓eaet v ,�JJJ - SEPTIC TANK:ZzJ�91S� (locate on site plan) Depth below grade: Material of construction:Aziconcreie —metal —Fiberglass —Polyethylene —other(explain) if tank is metal. list age &/; Is age confirmed by Cenifrcate of Compliance R/4 (Yes/No) Dimensions: :71.9� / �dUfr 6 F9 rr�� Sludge depth:_ Distance from top of tludge to bonom of outlet tee or baffle: 7_ Scum thickness: Distance from top of scum to top of outlet tee or baffle: Distance from bonom of scum to bonctJ71 of oullel tee or baffle: CT— How dimensions were determined: Comments: (recommendation for pumping, cond,itioA of inlet and outlet tees or baffles, depth of liquid level in relation to outlet nveri, strucLfal me nry, evidence of leakage, etc.) GREASE TRAP: (locate on site plan) Depth below grade material of construction:4>l9concrete.2,L-*netaWAFiberglass•v4Polyethylene.y%bther(explain) —\ Dimensions: Scum thickness:_A)—A9 Distance from top of scum to top of outlet tee or baffle:,�.0' Distance from bonom of scum to bonom of outlet tee or baffle:,e�//'9 Date of last pumping: A5 "I-ev� '/t/j Comments: (recommendation for pumping, condition of inlet and outlet tees or baffles, depth of liquid level in relation to outlet invert, slruC. ra integrity, evidence of leakage, etc.) Ir•vl••d 0�/75/97) P•y• 6 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) r Property Address: 942C West Main Street Hyannis,Mass . o ner: John Lebel Date of Inspection: 4/1 /98 TIGHT OR MOLDING TANK:&(j&ts(Tank must be pumped pr-ur to, or at time, of Inspenion) (locxe on s,te plan) Depth below grade ,VB Matey ai of COnslruCltOn:,(�i concrete AtAmetal,C4Fiberglas$4/4 Polyethylene. `i other(explain) lA A1.4 —— D'men5'Ons AM 'I C gallons Design i10.+� gallo gallons./day Alarm ie:el A)# _ Alarm in working Order NA 1'es,,j2L�1�nu Date o: pre-ous pumping. COmmerts (conco.ccn of -nlet tee. condition of alarm and float switches, etc 1 DISTRIBUTION BOX: ilo<a!e �n s,te plan) Deo:r, C i c.-d level above oullet invert .,6 Comr,er:s (note i le+el and distribution is equal, evidence of solids carryover, evidence of leakage into or out of box. e:c a ozve 6 i� PUMP CHA.%ABER:'de�y>e iloca:c cn s,te plan) Pumps r. ,.orking order: (Yes or NO), & Alarms n +orking order (Yes or No)d2 Comrner.:s note core,t.on of pump chamber, condition of pumps and appurtenances, e(c.) /!1�✓/ f4 l >nT lr•�:.•c :�/JS/9�1 V.g• 7 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) } ^Property Address: 942C West Main Street Hyannis,Mass. Owner: John Lebel Date of Inspection: 4/1 9 H SOIL ABSORPTION SYSTEM (SAS): J �✓ ���� �� ;locate on site plan, if possible; excavation not required, but may be approximated by non-intrusive methods) If of determined to present, xpl in: iW 440416 Type: leaching pits, number ,Aq leaching chambers, number: V leaching galleries, number:= leaching trenches, number,length: leaching fields, number, dimer� ons: overflow cesspool, numb r: [� Alternative system: �P Name of Technology: / Gd"L Comments: (note and Lion of soil, signs of hydraulic failure, level of po)ding, condition of vegeta ion, etc.) 1 T T � l CESSPOOLS: (locate on site plan) Number and configuration: r Depth-top of liquid,to inlet inven: Depth of solids layer: Depth of scum layer: Dimensions of cesspool: materials of construction: Indication of groundwater: inf)ow (cesspool must be pumped as part of inspection) Comments: (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.) PRIVY: y� (locate on site plan) materials of construction: /I/� Dimensions: of/ Depth of solids: Comments: (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.) t )revised O4/25/97) D.g. 8 of 10 f J • SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) ~ Propeny Address: 942C West MAin Street HYannis,Mass . Owner: John Lebel Date of Inspection: 4/1 /98 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) 0 � o (r"t—d C4/2s/97) ➢&y• 9 of 10 SUBSURFACE SEWAGE DISP SYSTEM INSPECTION FORM r SYSTEM INFOI: . :ION (continued) Property .address: 942C West Main Street Hyannis,Mass . Owner: John Lebel Date of inspection:4/1 /98 t Depth to Groundwater Feet Please ind,cate all the methods used to determine High Groundwa!W EIe•a'.ion: Oota,ned from Design Plans on record bserval,on of Site (Abuning prope— bservation hole, basement"simp etc.) Determine it from local conditions Cnec'•. �ith local Board of health Cneck FEMA Maps _zcheck pumping records Check local excavators. installers Use USGS Data Describe jr) your own words how you established the High Groun�w,rcn E levalion. Must be completed) Used water contours Map Gahrety & Miller Model 12/16/94 70�t 10 .'.n.'.•-nrr T-..-r.-m*rm ran=i-r.mn:•.�.-..+n�:*n-�.+r**+mrr+y'.rmv..r�. -. *�'*z.-t---mr�r�.-.--�-r-�- _. . a TURN OF Barnstahl P WARD OF HEALTH ` SUI1SU1?FACF SNAUF DISPOSAL SYSTF,M IN311FCTION FORM - PART D - CEwrIFIC�Jl( N `� �'•. T.� T •-. .-� T.�-T.T.1.-n.1TlTT<TITT.T+'.�•.'1^1T+'Y R�mT-T�IIiT'�TST1 man r �. —TYPE OR PRINT CI.EARLI'— PROPERTY INSPECTED STREET ADDRESS 942C West Main Street HYannis Mass . ASSESSORS MAP , BLOCK AND PARCEL # OwNER' s NAME John Lebe2 PART D - CERTIFICATION NAME OF INSPECTOR Joseph P.Macomber Jr. COMPANY NAME J.P.Macomber & SoffINc. COMPANY ADDRESS Box 66 Centerville,Mass . 02632 Street Town or Clty Stat, t!P COMPANY TELEPHONE ( 508 ) 775 - 3338 FAX ( 508 790 - 1578 CERTIFICATION STATEMENT I certify that I have personally inspected the sewage disposal systerl n this address and that the information reported is true , accurate , and complete as of the time of .inspection . The inspection was performed and any recommendations regarding upgrade , maintenance , and repair are consistent with my training and experience in the proper function and maintenance c o site sewage disposal systems , Chec one ; System PASSED The inspection which I have conducted has not found any information which indicates that the system fails to adequately protect public health or the environment as defined in 310 CMR 15 . 303 . Any fai1Ill criteria not evaluated are as stated in the FAILURE CRITERIA sec io ; of this form . System FAILED* \ The inspection which I have con acted has found that the system : Protect the public health and the environment in accordance with T ' _ ! e .5 , 310 CMR 15 . 303 , and as specifically noted on PART C - FAILURE CRITERIA of this inspection form . j - Inspector SignatureA - Date �/�� One copy of this certification must be providdd to the OWNER , the BUYE!? --� ( Where applicable ) and the BOARD OF HEAL111 . • If the inspection FAILED , the owner or "operator ehall upgrad0 the eyatem within one year of the date of the inspection , unless allowed or requi -c :j otherwise as provided in 310 ChIR 16 , 305 . { u -tl . c!cc W Z U) z7 1 THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION BE IT KNOWN THAT Joseph P. Macomber, Jr. Has satisfied the Departments qualifications as required and is hereby authorized to use the title CERTIFIED TITLE 5 SYSTEM INSPECTOR as provided in 310 CMR 15 .340 and Section 13 of Chapter 21A of the General Laws. Issued by The Department of Environmental Protection. • r June 8, 1995 Acting Director of the ion of Water Pollution Control YOU WISH TO OPEN A BUSINESS? For Your Information. Business certificates (cost$40 00 for 4 year 1. A business certificate ONLY REGISTERS YOUR NAME in town (which you must do by M.G.L. - it doers not:give you permission to operate.) You must first obtain the necessary signatures on this for) at 200 Main St., Hyannis. Take the completed fo rn-i to the Town Clerk's Office, 1 st. Fl., 367 Main St., Hyannis, MA 02601 (Town Hall) and get the Business Certificate that is required by lavv. F DATE: ID-oZOI-1 Fill in please: '$ APPLICANT'S YOUR NAME/S: X 11,4 i�D Z A ,3 BUSINESS YOUR HOME ADDRE a i Tv- TELEPHONE # Home Telephone Number NAME OF CORPORATION: NAME OF NEW BUSINESS GC. A Gi}N I w6- e TYPE OF BUSINESS :S LC-A(v t J& IS THIS A HOME OCCUPATION? YE NO ADDRESS OF BUSINESS MAP/PARCEL NUMBER v�? �Q (Assessing) r When starting anew business there are several things you must do in orderto e i�comp`2riinace_!Q4h the rules and regulations of the Town of Barnstable. This form is intended to assist you in obtaining the information you may need. .You MUST GO TO,,200 Main St- - (corner of Yarmouth Rd. & Main Street) to make sure you have the appropriate permits_ and licenses required to legally operate your business in this town. 1. BUILDING COMMISSIONER'S OFFICE This individual has been informed of any permit requirements that pertain to this type of business. Authorized Signature** COMMENTS: 2. BOARD OF.HEALTH This individual has been in rmed of the perapit requir nts that pertain to this type of business. MUST ,OMPLY WITH ALL A or ad Signature** )HAZARDOUS MATERIALS REGULATIONS COMMENTS: 3. CONSUMER AFFAIRS (LICENSING AUTHORITY) This individual has been informed of the licensing requirements that pertain to this type of business. Authorized Signature** COMMENTS: N .: � �` T- Az a a "'r "e�, r,° .rt' %' u& 6....,'�'4"e a; r R:' t :o "y4 N"� ;ti d''ri'w..� e.:+�3' �, +•'+», "r^�- wIre i (� Date:( //Z/ /�- TOWN OF BARNSTABLE ��t1�,,,� TOXIC AND HAZARDOUS MATERIALS ON-SITE NAME OF BUSINESS: Ha CALF CLE4►JI►J& 80D CAVIF BUSINESS LOCATION: CE/U"1'5 I_U i I I,e. INVENTORY MAILING ADDRESS: qq,,) Aj ICI GI i 116+ p 3&p+3 Ce 4ey,\I`Le-MF9 004mTOTAL AMOUNT: TELEPHONE NUMBER: -,5N- 9S� -�(,��(0 3 ice,(;(C-yts CONTACT PERSON: k-JA&I,u l tJ D M i l2_AQ DA EMERGENCY CONTACT TELEPHONE NUMBER: mpg- o%l)- &'934 MSDS ON SITE? TYPE OF BUSINESS: 0I-QOCAjn f, INFORMATION/RECOMMENDATIONS: 4 n Fire District: Waste Transportation: Last shipment of hazardous waste: Name of Hauler: Destination: Waste Product: Licensed? Yes No NOTE: Under the provisions of Ch. 111, Section 31, of the General Laws of MA, hazardous material use, storage and disposal of 111 gallons or more a month requires a license from the Public Health Division. LIST OF TOXIC AND HAZARDOUS MATERIALS The board of health and the Public Health Division have determined that the following products exhibit toxic or hazardous characteristics and must be registered regardless of volume. Observed / Maximum Observed / Maximum �- Antifreeze (for gasoline or coolant systems) Miscellaneous Corrosive ® NEW ❑ USED -- Cesspool cleaners ... Automatic transmission fluid C2r Disinfectants Engine and radiator flushes Road salts (Halite) Hydraulic fluid (including brake fluid) — Refrigerants Motor Oils Pesticides ❑ NEW ❑ USED �. (insecticides, herbicides, rodenticides) Gasoline, Jet fuel,Aviation gas Photochemicals (Fixers) Diesel Fuel, kerosene, #2 heating oil ❑ NEW ❑ USED Miscellaneous petroleum products: grease, Photochemicals (Developer) lubricants, gear oil ❑ NEW ❑ USED Degreasers for engines and metal Printing ink Degreasers for driveways &garages Wood preservatives(creosote) Caulk/Grout Swimming pool chlorine Battery acid (electrolyte)/Batteries Lye or caustic soda Rustproofers Miscellaneous Combustible ^. Car wash detergents Leather dyes Car waxes and polishes Fertilizers -, Asphalt& roofing tar PCB's Paints, varnishes, stains, dyes Other chlorinated hydrocarbons, Lacquer thinners (including carbon tetrachloride) ❑ NEW ❑ USED Any other products with "poison" labels (including chloroform, formaldehyde, _ Paint&varnish removers, deglossers hydrochloric acid, other acids) Miscellaneous. Flammables Other products not listed which you feel Floor&furniture strippers may be toxic or hazardous (please list): yLQrMetal polishes Laundry soil &stain removers oW�c (including bleach) Spot removers &cleaning fluids ( (,PT (dry cleaners) Q - Other cleaning solvents '12L'X Bug and tar removers Windshield wash WHITE COPY-HEALTH DEPARTMENT/CANARY COPY-BUSINESS A I antignature t Staff's Initials y (es Signature wl/to** Awl)O Jun 02 06 02:53p p.1 WEST SIDE PLACE LC P.O. Box 245 Orleans, MA 02653 508-255-6832 FAX COVER SHEET Date: June 2, 2006 To: Donna Miorandi, Health Inspector Town of Barnstable FAX # 508-790-6304 From: Gloria Bailey-Davies NEST SIDE PLACE LC 508-255-6832 (VOICE) # OF PAGES, INCLUDING COVER SHEET: 7 Re: Home Inspection Report done by Patty Tracey 942 W. Main Street Centerville, MA 02632 Message: Hi Donna, Here is the report from Patty Tracey for the inspection she conducted on Thursday, June 1, 2006. There are no leaks in the roof, no holes that animals could get in. You know the 3 fake chimneys have been removed and the areas under them shingled. I trust that we have addressed all of your concerns, and that we will be able to Cancel the hearing scheduled for June 13th. Jun 02 06 02:53p p.2 Tracey Home Inspection 11:32.tune 02,2006 Definitions NOTE:AEI definitions listed below refer to the property or item listed as inspected on this report at the time of inspection Acceptabte Performing irs intended purpose or functions)in full. No indications of nonperformance or need for repair were observed at this time. NOTE:An item or system may work well and be near the end of its Illes pan and still be rated acceptable. Not Present Item not present or not found. Item was unable to be inspected for safety reasons or due to lack of power,inaccessible,or disconnected at time of inspection. Not Inspected Item was unable to be inspected for safety reasons or due to tack of power,inaccessible, or disconnected at time of Inspection. Marginal Performing ONLY IN PART,BUT NOT ALL of its intended function. Repairs or corrections are needed to restore its full function and/or normal life expectancy. Defective NOT performing its Intended function or having UNSAFE conditions. Repairs, corrections,or replacement is needed to restore safety and function. Not Applicable Indicated Item or system Is not applicable to this inspection. See Comments Item needs further discussion. Additional notes will be available. IMPORTANT QUESTIONS TO ASK ALL BROKERS AND/OR SELLERS Tracey Home Inspection recommends that answers to the following questions should be ascertained from the seller and are relevant to the purchase of a property and may not be readily observable through inspection: 1. Has there been a history of water penetration in the basement and/or crawl space area? 2.Is the dwelling on a public or private sewage system? 3. Has the dwelling been tested for radon gas? 4. Has the dwelling been Inspected for insect infestation? 5.Has the dwelling been previously inspected by a home inspector and is the seller willing to disclose such report? 6.Is there an underground fuel storage tank on the property(? Additional Information Tracey Home Inspection believes that purchasing a property Involves a process of gathering as much Information as possible about that property. It is recommended you access any available information from Realtors, previous or current tenants,owners, neighbors,local Town officials,Including but not limited to Assessors Offices, Building . Departments,Health Departments,and Police Stations. It is your responsibility to perform all due diligence involved with the purchase of the property. Prepared By: Tracey Home Inspection Patty Tracey,Owner PO Box 1514 Orleans, MA 02653 MA Construction Supervisor License#73673 MA Home Improvement Registration#144154 MA Home inspector License#239 Cllent:Gloria Bailey-Dtiv'ieS 942 west Main St. Centerville.hi4 Pagel of 6 Palm-Tech Inspector,CopyrightO 1998-2004.PDmB,Inc. Jun 02 06 02:54p p.3 Tracey Home Inspection 11:32 June 02 2006 F7General Irlforrflation This report has been prepared for the sale andexdusive use of the diets indicated below and is limited to an impartial opinion which is not a warranty- Latent and concealed defects may exist as of the date of this inspection and may exist in the future.The report is limited to the components of the property whirr were visible through adequate fighting to the inspector on the date of the inspection and her opinion of their condition at the time of the inspection. Carpentorants and other wood boring insed activity maybe concealed ormayoccuratterthis inspection due to their high mobility.Tracey Home Inspection raeorrmends mod boring pest inspeclions trya professional post control service priorto purchase. Property Information Property Addmss 942 West Main Street City Centerville State MA Zip02632 Client Information Client Name Gloria Bailey-DAUkICS CllentAddress PO Box 245 City Or leans Stated Zip02653 Phone 508.255.6832 Fax NJA E-Mali rainbowcoach@comcast.net Inspection Company Inspector Name Patty Tracey Company Name Tracey Home Inspection Company Address P.0. Box 1514 City Orleans State MA Zip 02653 Phone 508 237 4022 Fax 508 250 0266 E-Millpattytracey@comcast.net File Number 3533 Conditions Estimated Age 16 - 20 years (estimated) Main Entry Faces East Building Type 6 - Unit Townhouse Garage None Space Below Grade Crawl Space Weather Partly cloudy Soil Conditions Dry Temperatitre 69 F Start Time ll:00 am Inspection Date June 1, 2006 Unit Occupied Yes People Present Owner & inspector Electric On Yes WataerOn Yes Client Gloria Bailey 942 West Main St. Centerville.hi4 Page 2 of 6 Palm-Tech Inspector,Copyright®1998-2004,moms,Inc. Jun 02 06 02:54p p.4 Tracey Home Inspection 11:32 June 0 2008 Roof Roofs are inspected visually and from an area that does not put either the inspector or the roof at risk.Steep,wet,snow and ice covered roofs are not vmlkeden.Slate,tile,andv000d roofs are not Walked on.Good qua Uty asphalk shingles and red coda r shinglestypica Ily have an expected useful lifetime Of approximate{ytwenty-five years.Additional layers of roofing shingles can shorten the life span and add to disposal fees.Valleys and roof penetrations are prone to[eakirig.Roofs and attic spaces must beprope*Vwanted.Withoutproper air circulation,mold,mildew,and premature decay and deterioration of framing members may occur.Often times,a single style ofventing is not adequate and additional sources of venting should be installed. Flashings provide a watertight seal at roof penetrations such as chimneys and plumbing vent pipes. Plumbing vent pipes should erdend above the roof line.Flashings should be reinspected annually. As chimneys got older,they often need maintenance and repairs.Cmvms crack,flashing deteriorates,mortar loosens and chips,flue fifes can crack. ORen tithes,rips and tears occur in the lead flashing and vrate r is able to penetrate the roof line.Be advised that not all flue sectionsare readily accessible and visible during atypical home inspection and further chimneyevatuationsare recommended.Interior flue linings are not included in this inspection_Chimneys should be equippedwith steel caps to preventwild[ifefrom nesting in the Rues_Skylights.likeflashings,are prone to leaking and need to be reyu[ary monitored_When thermal seat become defective,moisture is able to penetrate the double panes of glassand fogging and condensation occur.To my knowledge,this glass in skylights cannot be replaeedwithoutreplacing the entire roof window.Gutters are intended to direct rain vrateroff the roof and away from the foundation. Often times they become clogged with leaves and other debris,will develop sags and/or leaksat the seams and joints.Aluminum guitars tend to pull from the fascia and/or develop negative pitches as they age.AN gutter systems should be equipped with d ryviells,extensions,or,at least,spWshbkwks to help dlirect the roof nm off away from the fiDundatio n.Wooden gutters tend to form decay and deterioration quickyif not purposefully maintained.Allguttemneedfrequentcleaning. COMPONENTS 1 CONDITIONS Roof Coverings:acceptable Ventilation: see comments Flashings:acceptable Plumbing Vents: acceptable Skylights:none Chimneys:none Gutters: see cormments INFORMATION Main Roof Age: 16 - 20 years Inspection Method: from ground with binoculars Roof Coverings: asphalt shingles Roof Layers: f i r s t Ventilation: individual ridge vents & gable end vents on north and south sides Chimney:none Chimney Flue:none Gutters:aluminum COMMENTS Note:Recommendations include installing a continuous high quality ridge vent the entire length of the ridge when the roofing shingles are replaced. Be advised that continuous soffit venting tends to perform better than drip edge soffit venting. The gutter downspouts should be equipped with extensions and/or drywells to help direct the roof run off away from the foundation. Client Gloria Bailey 942 West Main 5t. Centerville.hi9 Page 3 of 6 PalrrrTech Inspector,Copyright®199a-2004,PDmB,Inc. Jun 02 06 02:54p p,5 Tracey Home Inspection 11:32 June 02, 2006 Attic Attic inspections are visual_Inspectors will access the attic if possible.Most attics are unfinished and outside the fiving space ofthe home.Inspectorswill locate and access ifthe attic has adequate clearance and is unobstructed.Some atticsare too narrowtoentw or are not present due to cathedral ceilings, Allic training creates space between the ceiling and the roof.lt should be sturdy enough to carry the weight of the framing and roof as well as snow and ice in colder climates.The sheathing separates framing from roof shingles.Itshould be kept dryandfree of roof leaks and its condition should be reported_ Attics are subject to extreme temperature changes due to direct exposure ofthe sun on the roof in summer and the lack of a heat source an winterdays. Therefore,adequate attic insulation is necessary for energy efficiency.Attics must be ventilated properly toetiminatemldweathermoisturebulid-up and subsequent condensation.AddiNonatly,ventilation Is necessary to preventexcessh a heat and subsequent overmtking of the AIC system during warm weather.Atticwtring,apart of the branchcircudwiring forthe living space,should not be covered with insulation or have any splices or open junction boxes.Plumbing vents,chimneys and hues should terminate above the roof line and be free of leaks around flashed areas. COMPONENTS!CONDITIONS Access:acceptable Framing:acceptable Sheathing: see comments Insulation: acceptable Ventilation:acceptable Bathroom fans:acceptable Exposed wiring:acceptable Plumbing vents: acceptable Chimneyslflues:none INFORMATION Number of attic areas: 6 Access location(s): second floor hallways Access by,disappearing staircases FramIng:2" X 4" truss style framing Sheathing:plywood Insulation: fiberglass & cellulose Riactor:R-30, 9 to 10 inches COMMENTS Note: The plywood roof sheathing is showing signs of mold. The amount of mold varies with each unit. As mentioned previously in this repo=t, a continuous ridge vent would add air circulation. It is my opinion the existing ridge vents were added after construction and the mold had formed prior to these vents being installed. All bathroom fans appear to be properly vented to the outside atmosphere. Client Gloria Bailey 942 West Main St. Centerville.hi4 Page 4 of 6 Pain-,.Tech Inspector,Copyright@199&2004,PDmB,Inc. Jun 02 06 02:55p p,6 Tracey Dome Inspection 11:32 dune 02 2006 Foundation Foundation inspections are visual and fimitedto accessible components.Aocessibilitywill vary dueto type of foundation and other obstacles.The most common problem oonceming foundations isvrater.1 vurll accessfoundation components basedon their design.For instance,unfinished basements offer complete access while slabfoundetions offer very Tittle. Inspectors will attempt to Identify the type of rrmGeriaIs used in the foundation and look forabnormal cracks,wear,or movement lfvmrmnted,additional structuralirWcdons maybe recommended.Basements and crawl spaces norms Ilyallowfora complete inspection of the floor framing.Inspectors will lookforsigns ofmoisture penetration,dry rot orothersystem damage in areas where accessibility permits. Insulation in basements and crawl spaces may obstruct my view_Improperly installed insulation may trap moisture and lead to rot.Basements and crawl space s require proper vertilationto allow moisture to escape.Peraneterventsor windows in the foundation help aid evaporation.Vents should be closed during winter months in colderdirrates.Saserneritand crawlspace areas prone to vater problems should have a sump pump.Removing water redueesthe amount of moisture and likelihood of insects in the ho me.Proper grading at the outside foundation,the use of sump pumps,and/or gravity drainage helps keep basements and crawl spaces dry.The concrete floor(slab)inspection is very Tinned dueto lack of accessibility.I well report the presence offloor coverings(ie_tile,carpeting),andwill note signs of rnove mentor cracks. COMPONENTS/CONDITIONS TYPE OF FOUNDATION:Crawl Space Foundation Walls:acceptable Floor Framing:acceptable Insulation:see comments Vapor Barrier: see comments Ventilation: acceptable Sump Pump:none Dryness/Drainage: acceptable FloorlSlab: acceptable Bulkhead:acceptable INFORMATION Foundation walls:poured concrete Foundation floor:dirt & gravel Joists:2" X 1011, spaced 16" on center Sill plate: regular lumber Beams:triple 2" X 10" Piers/supports:concrete block Sub floor.plywood Insulation: floor joists Insulation: fiberglass RfiactorR-li, 3 1/2 inches COMMENTS Note:The foundation to this building appears to be quite solid. However, as we discussed, steps should be taken to direct the roof run off away from the foundation. I observed one dryer vent hose that was disconnected and needs repair and/or replacement_ The foundation vents were open, which is correct. : I also observed a couple of batts of insulation that need to be reinstalled. The 6 mil plastic vapor barrier should be straightened out and weighted down along the sides and in the corners. Periodic checks of the crawl space should be performed to check for leaking pipes, etc. Client Gloria Bailey 942 West Main St. Centerville.hi4 Page 5 Of 6 Palm-Tech Inspector,CopyrightO 1998-2004.PDmB,Inc. Jun 02 06 02:55p p,7 Tracey Home Inspection 11:32 June 02 2006 Final Comments i found typical framing, and general construction practices in this building. As of this time and date, this building appears to be structurally sound. As we discussed during the inspection, maintenance, is very important. I suggest all rotted and decaying wood be replaced. This inspection did uncover some areas of concern and these issues were noted for you in this report. Please call or email my office with any questions regarding the inspection or this report. I recommend you further evaluate with the appropriate tradespersons, any questionable items, systems, or components. I also recommend you set up and adhere to a regular schedule of maintenance. Ciient Gloria Bailey 942 West Main st. Centerville.hi4 PageBoP6 Palm-TechlnsPecto,rCoPYvi9 ht@1SW2004,PDm6,lnc. Nauset Environmental Services, ' Inc. an Air Quality Company 28 May 2006 NES Job#430 Report No. NES/IAQ-06/443 Gloria&Linda Bailey-Davies West Side Place LLC PO Box 245 Orleans, MA 02653-0245 Re: Mold/moisture investigation of six attics (942 West Main Street) Dear Gloria&Linda: Nauset Environmental Services, Inc. (NES) is pleased to submit this letter report on the mold inspection and sampling activities carried out at your town house units in Centerville. Following your authorization, NES sent William M. Vaughan, PhD, QEP to the property on 19 May 2006 to evaluate mold and moisture conditions that were of concern to tenants and the Barnstable Board of Health (BOH). BACKGROUND: Recent complaints have come from residents on Units B3 and B4 that they suspect that their recent periods of illness have been aggravated by the mold conditions observed in the attics above their respective units. An inspection by the BOH did observe mold in the attics, especially on the subroofing/sheathing. You requested that NES carry out inspection and possible sampling activities to address those conditions and identify what mold(s)may be present. EXECUTIVE SUMMARY [It is important to remember that molds are everywhere and grow in response to moisture!] An inspection of the attic spaces of the six apartment units at 942 West Main street revealed areas of roof sheathing with various levels of mold-related staining ranging from slight/spotty to dense black. This mold growth is tight to the grain and not able to be wiped off by hand. This pattern of mold growth/staining is mostly restricted to the grain of the plywood and related to condensation mold growth during winter conditions when warm moist air rises from the living space into attics and condenses on the cold sheathing enough to support mold growth in the grain of the plywood where the mold feeds on the glues/adhesives. Denser discoloration/growth can be associated with aging roofing materials that allow larger amounts of moisture to ooze through to soak the sheathing for extended periods of time. There is no way to determine the age of the growth/staining. Since warm air rises and there are rigid foam caps for the access stairs,there is little chance that the few mold spores that might be released from the sheathing would migrate down to the living space. Sources within the living space such as cardboard boxes brought in from damp storage areas,damp areas within a unit like damp utility rooms and bathrooms, etc. are much more likely sources of P.O. Box 1385 508/247-9167 [800/931-11511 East Orleans, MA 02643 FAX: 508/255-0738 Mold/moisture inspection - 942 West Main, Units B-1 to B-6 Report No. NESIIAQ-061443 Page 2 interior spores than the attics. Tape lift samples from several attics found only common spore types and none of"THE black toxic mold" that requires constant wetness to flourish, not occasional dampening. Analysis of the bulk wallpaper sample from Unit B-3 also indicated only one common spore type. NONE of the samples indicated any growth of"THE black toxic mold,"Stachybotrys. No remediation activities are warranted at this time. - To avoid problems with mold in the future, be attentive to any and all water intrusion or condensation issue, taking general advice from The Mold Survival Guide for Your Home and for Your Health by Jeff and Connie May(2004). ON SITE ACTIVITIES —After Dr.Vaughan arrived at the building on 19 May, he and Gloria proceeded to inspect the six attics and also respond to questions and concerns of the tenants. [NOTE: This inspection was NOT a general building inspection but focused on attic conditions.] Those tenants present at the time of the inspection were asked about conditions and concerns they might have. At several locations in the various attics tape lift samples were taken of"growth"areas. One bulk sample or wall paper from behind the toilet of the second floor bathroom was provided by Susan Bracket Unit 3, for analysis. OBSERVATIONS and FINDINGS: The following is a summary of notes/observations made during the inspection visit: GENERAL: • There was blotchy black to solid black or light gray color to the underside of the subroof sheathing. This is a typical pattern of mold growth in attics. Some of the coloration ended with the edge of a plywood sheet, indicating some lumberyard pre-existing dampness supported the initial growth. [This coloring is due to mold growth on the glues used to make the plywood. The general mold growth was/is supported by moisture condensing on the underside of the sheathing in the winter when the sheathing was cold enough to be below the dew point temperature of the air in the attic.] • Most of the sheathing discoloration was NOT associated with discoloration of the adjacent trusses. This pattern further supports the idea that condensation was supporting the majority of the mold growth on plywood glues. [The source of the moisture would have been the warm moist air bleeding up from the living space below over the course of many winters. There is no way to determine if the growth/staining occurred two or twenty years ago,but probably before the current ridge vents were installed that greatly improved the ventilation.] • There were some areas of heavy black coloring,the darkest appearing to be in the attic of Unit B-3. Here and elsewhere the dense black coloring was frequently associated with staining/discoloration of the adjacent truss. [This pattern is consistent with heavier moisture levels,usually associated with aging roof shingles and tarpaper,as water oozes through the increasingly porous roofing material.] i Mold/moisture inspection - 942 West Main, Units B-1 to B-6 Report No. NESIIAQ-061443 Page 3 • In each attic area the coloring and pattern of discoloration changed in the area immediately beneath the "chimneys" above. [This pattern is consistent with different moisture conditions under the chimneys where drying would be slower. Hence if that sheathing became damp due to increasing leaks over the years associated with animal- caused holes and general aging, it would take longer to dry. The extended periods of dampness would encourage different species to dominate in this different moisture environment.] • Moisture meter readings on clear wood grain and black or gray indicated very low to no deflection on the meter as can be seen in several photos in Attachment A. Therefore this sheathing was dry at the time of this inspection, despite recent heavy rains. • The drip line vents were open in all attics so that airflow to the ridge vents could be supported. • There were open square doors near the top of the dividing walls between units,except for the wall between units 1 and 2 that was closed. • There were no holes chewed from the chimney areas into the attics and no indications of squirrel nests or presence in any of the attics. [Apparently they were confined to the immediate area of the exterior chimneys.] Unit B-6: ■ There was a stain on the ceiling of the front bedroom about four feet in from the end wall and a couple of feet from the interior wall. It had been there for some time and according to the tenant,Jane Leavy,had not changed for some time. There was no easy access to the area of the attic above the stain,but there were no obvious openings or stains visible in the attic from near the access stairs. ■ Photos in Attachment A document the general conditions in this attic. ■ Tape lift samples were taken on the black sheathing (#6A) and the gray area under the chimney above units 5&6 (#613) (see photos and results below). UNIT B-5: • There was visible mold growth at the top of the drywall dividing units 5 and 6(see photo in Attachment A). It was supported by moisture oozing through the roofing material. A tape lift sample was taken of this area(#5) (see photo and results below). • The moisture meter readings were 0% moisture in wood at several locations on the sheathing, including under the chimney, indicating dry conditions. • It was possible to see the sky through the ridge gap and a(squirrel?)hole in the chimney. UNIT B-4: • There was a noticeable odor of cigarettes in the apartment. • There were areas of light black staining on the subroof sheathing. The moisture meter indicated dry conditions and a tape lift sample(#4A)was taken(see photos and results below). • There was gray staining on the underside of the subroof sheathing under the chimney area where another tape lift sample was taken(#413) (see results below). This area was also dry according to the moisture meter. I 1 Mold/moisture inspection - 942 West Main, Units B-1 to B-6 Report No. NESIIAQ-061443 Page 4 UNIT B-3: • There was a heavy cigarette odor noted on entering the unit. • There were piles of cardboard boxes and belongings in the living room and other rooms. No inspection was made of the condition of the boxes. If, as reported by Sue Bracket, tenant,some of these boxes had been her mother's and were consolidated here when Ms. Bracket moved in,there is no assurance that the boxes and other contents brought into the apartment from storage elsewhere did not carry some contamination from those areas if they were damp for any period of time. • Ms. Bracket mentioned finding mold behind the wallpaper in each of her bathrooms. - The downstairs bath/utility room was warm and damp, in part because the exhaust fan needed to be replaced and there was uncertainty as to whether it was vented properly before it was replaced and in part because the washer and dryer are located in this small interior room(as is the case in all units). - Where Ms. Bracket had removed some of the wallpaper at the lower left of the toilet there was evidence of some visible mold growth but not high density(see photo in Attachment A). The growth was on the drywall as well on the back of the wallpaper,both locations where the wallpaper paste could provide nutrients. [Being near the toilet where summer dew point condensation on the toilet tank can keep the area moist, this mold growth is not unusual.] - Ms. Bracket had a piece of wallpaper from each bathroom. The one from the second floor bathroom had mold growth on a peeled up corner of the piece she had. A portion of that piece was cut out and sent for bulk sample analysis by microscope(see results below). There was no mold growth or water staining on the drywall behind where she had removed the wallpaper from the second floor bathroom. So the growth was limited to the damp edge of the paper and its paste backing, not any on the second floor bathroom drywall. • In the attic: - There was heavy black staining on the rear subroof sheathing and blotchy staining elsewhere. Several of the trusses had staining near the dark sheathing, probably as a result of water oozing through. - There were splotchy orange-brown mold colonies on the drywall between units 3&4. A tape lift sample was taken of these splotches (see photo and results below). - There was darker growth near the top of the drywall at the opposite end,between units 2&3. - At the back side of the wood frame of the access hatch there was discoloration (see photo in Attachment A). This is a pattern typical of areas where warm, moist air encounters colder surfaces and condenses providing moisture to support mold growth. The rigid hatch insulation seal for this hatch appeared to be cut imperfectly so that a gap would allow such air passage. UNIT B-2: • There was less discoloration and visible mold growth on the subroof sheathing of this attic than most others. y Mold/moisture inspection- 942 West Main, Units B-1 to B-6 Report No. NESIIAQ-061443 Page 5 • There was visible mold growth on the top of the drywall common with Unit#3 near the sheathing. Since this observation was common to both sides of the wall, it likely indicates excess oozing through the roofing in this area,enough to dampen the drywall and promote mold growth. • Again there was gray mold growth under the chimney area. • There was nest debris that had filtered down from the ridge opening that had accumulated on the attic insulation below (see Photo in Attachment A). • No samples were taken since no unique observations called for sampling. UNIT B-1: • There was also little staining of the subroof sheathing in this attic. • There was gray mold growth under the chimney area in this attic as well. • There was evidence of a puncture through the front side of the roof that was not apparent from outside(see photo in Attachment A). • No samples were taken since no unique observations called for sampling. TAPE LIFT&BULK SAMPLES The tape lift samples were placed on glass microscope slides,labeled according to unit number and documented on a Chain of Custody form before being sent to P&K Microbiology for Method#101, microscopic analysis. The following statements from P&K indicate their credentials and commitment to quality analysis and the reasons why NES has chosen them to carry out these analyses: ■ "Because there is currently no governmental certification for environmental microbiology laboratories(except for drinking water and wastewater microbiology),P&K Microbiology Services,Inc.is an active participant in the EMPAT(Environmental Microbiology Proficiency Analytical Testing)program sponsored by the American Industrial Hygiene Association(AIHA). P&K has been formally accredited by the AIHA in Environmental Microbiology since July 2000 with a laboratory identification number of 103005." ■ "P&K is staffed by experienced and highly qualified mycologists and microbiologists and P&K has more than twenty years experience in sampling,analysis of microbial aerosols." ■ "(P&K) has modeled its quality control system after the ISO guidelines, one of the most stringent sets of international standards in the industry, to ensure that its customers receive the high standard of accuracy, reliability and impartiality that they have come to expect from a leader in the environmental industry." Table 1 is copy of data reported by P&K and found in Attachment B. The molds reported in Table 1 are among the most common found in air samples. See Attachment C for an explanation of the areas where they are found and the fact that they can be allergenic. NOTE: All these samples are surface samples and DO NOT represent what may be in the air. While the analysis indicates that there was "fungal growth," that merely means that structures common to colonies were present,not that they were active-unlikely since all surfaces were dry. Moldlmoisture inspection -942 West Main, Units B-I to B-6 Report No. NESIIAQ-061443 Page 6 The piece of wallpaper from the second floor bathroom in Unit 3 was also sent to P&K for microscopic analysis after labeling and being placed in a sealed plastic bag. Table 2 is the summary of the analysis of that bulk sample. Table 1. Results of Microscopic Evaluation of Tape Lift Samples Sample ID Fungal ID Fungal structures Category* Comments** observed 430-3A Cladosporium spores,hyphae,conidiophores A few fungal growth blotches on Penicillium spores,hyphae,conidiophores Massive drywall 4304A Penicillium spores,hyphae,conidiophores A few fungal growth black staining Ulocladium spores,hyphae,conidiophores Numerous 430- 4B Aspergillus spores,hyphae,conidiophores Numerous fungal growth gray staining Cladosporium spores,hyphae,conidiophores Man 430-5 Aspergillus spores,hyphae,conidiophores A few fungal growth VMG on top of Ulocladium spores,hyphae,conidiophores Numerous drywall 430-6 Cladosporium spores, hyphae,conidiophores Numerous fungal growth low density staining * massive>numerous>many>a few>a trace ** comments reflect entire sample Table 2. Results of Microscopic Evaluation of Unit 3 Wallpaper Sample Sample ID Fungal ID Fungal structures Category* Comments** observed 430-3B 2°d floor Cladosporium spores,hyphae,conidiophores Many fungal growth bathroom wallpaper The evidence of mold growth on the wallpaper was exclusively very common Cladosporium. I Mold/moisture inspection - 942 West Main, Units B-1 to B-6 Report No. NESIIAQ-061443 Page 7 There were no Stachybotrvs spores detected in any of these samples,despite sampling areas that had "black"mold growth. Stachybotrys is the"toxics black mold"mentioned heavily in the media. DISCUSSION: The above attic observations are consistent with damp conditions in attics over time caused by a mix of condensation in winter and,perhaps,penetration of water through aging roof material. The mold species found are very common and do not include"the toxic black mold,"Stachybotrys. Since warm air tends to rise, it is likely that warm,moist air led to the condensation conditions on the roof sheathing in past winters. [See Chapter 8 in Jeff May's book-The Mold Survival Guide for Your Home and Your Health for a more detailed explanation.] The staining and mold growth are not due to recent conditions,but years of accumulation. The rising warm air also minimizes the transfer of air from attics to the living space below;hence there is limited chance of exposure to attic spores in the living space. There are some indications that the aging roofing may well be allowing more moisture than desirable into some portions of the attic space since there were some patterns typical of oozing water. A strong possibility for exposure to mold in these apartments would be associated with contaminated materials,i.e.boxes and contents previously stored in damp spaces so that molds developed colonies inlon them or heavy mold growth on damp surfaces due to leaks,condensation or inadequate use of vent fans, etc. NOT from transport down from the attics. Once such objects are opened indoors rather than outdoors,the interior exposure to molds is increased. Cautions should be made to keep moldy content out of occupied spaces,if necessary open them outdoors and clean contaminated items before bringing them into the living space. In addition, anyone with allergies should also avoid working near or handling mold-contaminated items or surfaces since the spores are readily released with the slightest physical disruption. It is very easy to inhale allergenic spores under such circumstances, so that a particulate respirator should be worn by individuals with allergies who must handle such materials. SUMMARY: Only very common mold types were found in these attics and in the bulk sample from Unit B-3. There may be some moisture issues in the attics from condensation over the years to aging roofing materials,but not from overt leaks or squirrel activity. Air movement is NOT typically from attics into the living space. There are boxes in Unit 3 brought in from unknown areas. If damp conditions supported mold growth on the cardboard or box contents,when these items are handled or opened indoors,irritating spores can be released in clouds and expose inhabitants. If individuals handling these boxes are allergic or sensitized,they can have negative reactions from the exposure. Mold/moisture inspection - 942 West Main, Units B-1 to B-6 Report No. NESIIAQ-061443 Page 8 RECOMMENDATIONS: Have the roofing evaluated as to whether it is time for new roofing and/or sheathing. Take all steps possible to reduce the possibility of water entering the building or its crawl space by: • Extending the downspout deflectors at least three feet from the foundation. • Correcting any flaws in vent installations and discharges. • Replacing deteriorated roofing material. • Repairing any access holes created by animals. • Ensuring that all utility room and bathroom vents exit the building shell. • Using room vents faithfully to discharge warm, moist air outside the building_ • Responding promptly to leak events. To avoid problems with mold in the future, be attentive to any and all water intrusion or condensation issue, taking general advice from The Mold Survival Guide for Your Home and for Your Health by Jeff and Connie May(2004). ------------------ ------------------ The above discussion and recommendations are related to the information you and tenants provided and the conditions visually observable at the time of NES's site visit on 19 May 2006 and the results of sampling and are thus limited to these activities and timeframe. Future events and changes in the condition and operation of the building may well alter the conditions for biological activity/growth. Such changes will alter the relative significance of these recommendations and the effectiveness of their implementation. Thus the impact of such changes and can not be considered part of the scope of this report/work. I trust the above information is sufficient for your current needs. Please call me with any questions or to clarify points. Very truly yours, William M. Vaughan, PhD, QEP President, Senior Scientist QEP=Qualified Environmental Professional(since 1994) CABV Files-Dell\IAQ\430 West Side P1ace.RPT.doc y ATTACHMENT A Photographs Taken During the Inspection zf, 1 h P 5r A € z ��SLY flt s«u f�Z'? a � 1 3 OR 1 TOP LEFT: Spotty mold growth ending in line with a plywood sheet implies pre-installation, lumberyard mold conditions, or absence. BOTTOM LEFT: Sampling location for#6. RIGHT: open doors between attic walls. +EEh ti n'' / :; � �yea''•. /.... 3 � 9E i Ilk RS?i'a 5 / � Y 51 3 E„ u/ r, �r� w TOP: Sampling location for#5 on drywall MIDDLE: Example of blown-in insulation sticking to drywall BOTTOM: Spotty discoloration from mold growth in Unit 5 !; f $ .ag �z 8 , /3r a ,x a i t u L ° W!e ri 3 �u„ l ✓d tnr 9 d5 TOP&MIDDLE: Dry moisture meter readings on sheathing BOTTOM: Sample#4A location } r f TOP LEFT: Dry conditions under chimney where mold growth is gray. MIDDLE: Sample#4B location RIGHT: Puncture of roof sheathing in Unit 4 � f y / - '.r / v 9 d z 3. 3• f 1�\da a a �r yl" 94 KY Fy� Mot TOP: Drywall mold growth near sheathing in Unit 3 BOTTOM: Sample#3 location on blotchy mold growth. 3 v.. & v G 9 3 r �n- y off / / r v`r j �ewaHuY-' f YX Y. c.. T A .ail 3 /r //fy IA w TOP: Mold growth at tope of drywall shared with Unit#2 BOTTOM LEFT: Staining at hatch opening consistent with warm, moist air moving up into attic. BOTTOM RIGHT: Mold growth behind toilert6 in 1st floor bath-utility room. 3 � �` m� � 33,m � K•;� �� 4 t °fi2�Wux �3 I v P ?x' 4 i r F U d d� 1 i TOP LEFT: Mold growth at top of drywall shared with Unit#3. TOP RIGHT: Typical gray mold growth under chimney between Units 1 &2. BOTTOM: Bird nest decries near unit 2& 1 wall. 2 % i « ) Gay mold growth under chimney in Unit I Attachment B Laboratory reports from P&K Microbiology, Inc. Client: NAUSET ENVIRONMENTAL SERVICES,East Orleans,MA 02643 Project ID: 430-Gloria/Linda Date Sampled: 05/19/2006 An Affiliate of Severn Trent Laboratories,Inc. Contact: William M. Vaughan P&K Report Number: 750-605-0616 Date Analysis Completed: 05/22/2006 Furgalidentfication,Toptical microscopy „ Tape Samples Sample ID Fungal ID Fungal structures observed Category* Comments** 1 430-3a Attic Sheathing Cladosporium spores, hyphae,conidiophores A few Fungal growth Penicillium spores, hyphae,conidiophores Massive 3 430-4a Attic Sheathing Penicillium spores, hyphae,conidiophores A few Fungal growth Ulocladium spores, hyphae,conidiophores Numerous 4 430-4b Attic Sheathing Aspergillus spores, hyphae,conidiophores Numerous Fungal growth Cladosporium spores, hyphae,conidiophores Many 5 430-5 Attic Sheathing Aspergillus spores, hyphae,conidiophores A few Fungal growth Ulocladium spores,hyphae, conidiophores Numerous 6 430-6 Attic Sheathing I Cladosporium I spores, hyphae,conidiophores I Numerous I Fungal growth *massive> numerous>many>a few>a trace **comments reflect entire sample The sample(s)in this report was/were received in acceptable conditions. Optical Sample Result Clarification A tape lift or bulk sample is analyzed by direct microscopic examination of fungal structures. It is a quick, qualitative,descriptive result to confirm the presence of fungal growth on the area sampled and to identify the types of fungi observed. The results indicate the relative density of fungal structures observed under the microscope. The results are not a concentration to determine the relative risk of exposure. They should not be used alone to assess the conditions that exist throughout a room,or a building where the samples were collected. Additional information such as the total area covered by mold within the rooms in question and sampling using different sampling protocols are needed to make that determination. Lab Review Final Review P&K ProjectID: 750-605-0616 Page 1 of 1 Client: NIAUSET ENVIRONMENTAL SERVICES,East Orleans,MA 02643 I Project ID: 430-Gloria/Linda An Affiliate of Severn Trent Laboratories,Inc. Date Sampled: 05/19/2006 Contact: William M. Vaughan P&K Report Number: 750-605-0616 Date Analysis Completed: 05/22/2006 Bulk Samples Sample ID Fungal ID Fungal structures observed Category* Comments** 2 430-3b 2nd Floor Bathroom Cladosporium t spores, hyphae,conidiophores Many Fungal growth II . *massive> numerous>many>a few>a trace **comments reflect entire sample The sample(s)in this report was/were received in acceptable conditions. Optical Sample Result Clarification A tape lift or bulk sample is analyzed by direct microscopic examination of fungal structures.It is a quick, qualitative, descriptive result to confirm the presence of fungal growth on the area sampled and to identify the types of fungi observed. The results indicate the relative density of fungal structures observed under the microscope. The results are not a concentration to determine the relative risk of exposure. They should not be used alone to assess the conditions that exist throughout a room or a building where the samples were collected. Additional information such as the total area covered by mold within the rooms in question and sampling using different sampling protocols are needed to make that determination. Lab Review 1-17411-14-r- Final Review P&K ProjectID: 750-605-0616 Page 1 of 1 r Attachment C Ecology and Pathology of Species Reported NOTE: Characteristics of the major species found at levels above 10% and listed above have been collected from the University of Minnesota,Aerotech Laboratories,Inc.and Environmental Microbiology Lab, Inc. websites and from information provided by P&K Microbiology Services, Inc. Aspergillus species ECOLOGY—Spores from this genus are commonly found in outdoor air,but less frequently than Cladosporium, Penicillium, Basidomycetes or yeasts. (Their spores are difficult to differentiate from Penicillium spores hence they are reported with those spores when only microscopic identification is requested,rather than culturing.) PATHOLOGY —Of the more than 150 species and varieties of Aspergillus, some are known to cause diseases in animals and humans. Several species are commonly isolated in buildings. Antigens of Asp. species are available commercially. Cladosporium sp. ECOLOGY-They are the most commonly identified outdoor fungus(48-60 species). The most common ones include Cladosporium elatum, Cladosporium herbarum, Cladosporium sphaerospermum, and Cladosporium cladosporioides. C. herbarum is the most frequently found species in outdoor air in temperate climates. Since it is a"dry"spore formed in very fragile chains, it is easily dispersed, hence often found in air samples. The outdoor numbers are reduced in the winter and are often high in the summer. While often found indoors their numbers are less than outdoor numbers, implying that the outdoor environment is the source of these spores. Indoor Cladosporium sp. are commonly found on the surface of fiberglass duct liner in the interior of supply ducts, on windows with occasional condensation and on wall surfaces in high humidity conditions or occasional condensation. A wide variety of plants serve as food sources for this fungus. It is found on dead plants, woody plants, food, straw, soil, paint and textiles. They are common in soils, dead organic matter and the air. These fungi can decompose cellulose and are considered"ubiquitous." PATHOLOGY-The ability to sporulate heavily,ease of dispersal,and buoyant spores makes this fungus the most important fungal airway allergen; causes asthma and hay fever in the Western hemisphere. They are a rare human pathogen. They can cause mycosis and produce greater than 10 antigens (initiators of allergic response)available commercially. They are a common cause of extrinsic asthma (immeadiate-type hypersensitivity: Type I allergen), Type III hypersensitivity pneumonitis, hot tub lung, moldy wall hypersensitivity, etc. Acute symptoms include edema and bronchiospasms, chronic cases may develop pulmonary emphysema. Hyphal fragments = These structures are broken parts of mold and fungal filaments (hyphae) or structures. They can be irritating to sensitized individuals. Penicillium sp. ECOLOGY -A wide number of organisms have placed in this genus. Identification to species is difficult and expensive. They are often found in aerosol and soil samples. They are a ubiquitous saprophyte(meaning they live on dead or decaying organic matter)and are found everywhere. they are commonly found in temperate regions in soil, food, cellulose and grains as well as on living vegetation. They are also found in paint and compost piles and soils. They are commonly found in water-damaged dry wall, damp latex paint, carpet, wallpaper, and on interior fiberglass duct insulation. PATHOLOGY - They may cause hypersensitivity pneumonitis and/or allergic alveolitis in susceptible individuals. They are reported to be allergenic (skin). They are a common cause of extrinsic asthma(immeadiate-type hypersensitivity: type 1). Acute symptoms include edema and bronchiospasms,chronic cases may develop pulmonary emphysema. Can cause allergic reactions to sensitized people and are associated with mycotic keratosis in humans. Ulocladium sp. ECOLOGY-The nine species in this genus are ubiquitous and cosmopolitan,being found in,many niches. They are found indoors on gypsum board,paper,paint,plywood, etc. They have a"high water requirement." They are disseminated by the usual means of wind transport of dry spores. PATHOLOGY-These species are major allergens,causing Type I allergies (similar to hay fever and asthma). They can cross react with other allergenic genera like Alternaria increasing the reaction to individuals sensitive to that genus. There is a present no known toxin production. Here are some links to general mold-related web sites and resources. Molds - www.epa. og v/iag/molds [provides link to mold resources] New York City Department of Health: "Guidelines on the Assessment and Remediation of Fungi (Mold) in Indoor Environments," www.nyc.gov/html/doh/html/epi/mol!Lrptl.html Centers for Disease Control: http://www.cdc.gov/nceh/airpollution/mold/default.htm Minnesota Department of Health: Mold in Homes www.health.state.mn.us/divs/eh/aialr/iair/moldfs.html = s c ,y w - � °t s w� : - FY lei W .y 4} it � i 1� ���,,. � z�� ;„� � '• '' _ .� :a x , W son OAK S IZ ty ' V O INC i A w w �i ,4. M1� I � vc a x.. r A' ., e l � y�„ ram,lip y Ifw i a r �s E v L , _ 1 7 a a F x r { x .,�, - R ^fir'• .� 4 `7 � � �I f '.. 4 I i s } fff r a , x 54 e , lo i Ar w L< { }.r � d F 1 h.' , e , • a � III �� I �� ^' ,� 'Ka �iC�j. ''. 1� �:'z� � �r § e 1 - ) 17 , VI Ju� , �r y r e, S k e X�R `is Y a 1� ,y �, s w Certified Mail:7005 1160 0000 0191 2205 TKE roy� Town of Barnstable o� „ Department of Health,Safety and Environmental Services 039. Public Health Division rEo � 200 Main St.Hyannis,MA 02601 Office: 508-862-4644 Thomas A.McKean,RS,CHO FAX: 508-790-6304 Director of Public Health May 19, 2006 West Side Place, LC P.O. Box 245 Orleans,MA 02653 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY CODE II-MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION You are scheduled to appear before the Board of Health for a public hearing on Tuesday, June 13,2006 at 3:00 p.m. The hearing room is located in Barnstable Town Hall, Selectmen's Conference Room,2nd floor, at 367 Main Street,Hyannis,MA 02601 The property owned by you located at 942 West Main Street, Apt. 3 &4, Centerville was inspected on May 10, 2006 by Donna Z. Miorandi,RS,Health Inspector for the Town of Barnstable. This inspection was performed as a result of a complaint of mold. Based on the results of that inspection, the Town of Barnstable Health Department finds that the dwelling is unfit for human habitation. Pursuant to M.G.L c. 127B and 105 CMR 410.831 (D),the Health Department further finds that the conditions within the dwelling are such that the danger to the life or health of the occupants of the subject dwelling is so immediate that no delay may be permitted in making this finding. The following violations of 105 CMR 410.00, State Sanitary Code II: Minimum Standards of Fitness for Human Habitation were observed: 105 CMR 410.750: Conditions Deemed to Endanger or Impair Health or Safety(I) "Failure to comply with any provisions of 105 CMR 410.6009 410.601, or 410.602 which results in any accumulation of garbage, rubbish, filth or other causes of sickness which may provide a food source or harborage for rodents,insects or other pests or otherwise contribute to accidents or to the creation or spread of disease." i Q:\health\order letters\Condemnations\942 West Main Street,Apt.3&4,Centerville.doc t 105 CNM 410.750 (0): Any of the following conditions which remain uncorrected for a period of five or more days following the notice to or knowledge of the owner of said condition or conditions: (5) Failure to eliminate, rodents, cockroaches, insect infestations and other pests as required by 105 CMR 410.550. 105 CMR 410.550 (B) & (D): Extermination of Insects,Rodents and Skunks The owner of a dwelling containing two or more dwelling units shall maintain it and its premises free from all rodents, skunks, cockroaches and insect infestation and shall be responsible for exterminating them. Extermination shall be accomplished by eliminating the harborage places of insects and rodents,by removing or making inaccessible materials that may serve as their food or breeding ground,by poisoning, spraying, fumigating, trapping or by any other recognized and legal pest elimination method. All use of pesticides within the interior of a dwelling, dwelling unit,...shall be in accordance with applicable laws and regulations of the Department of Food and Agriculture's Pesticide Board, including those appearing at 333 CMR 13.00,which provide, among other things, that pesticide applicators or their employers must give at least 48 hours of pre-notification to occupants of all residential units prior to any routine commercial application of pesticides for the control of indoor household or structural indoor pests. During inspection, squirrels were observed in the chimneys and in the attic space of this building. 105 CMR 410.500: Owner's Responsibilty to Maintain Structural Elements During inspection of these two units much mold was observed on the interior of the plywood roof sheathing. 410.831: Dwellings Unfit for Human Habitation: Hearing Condemnation: Order to Vacate. (A) Finding that a dwelling or portion thereof is unfit for human habitation. If an inspection pursuant to 105 CMR 400.100 or 105 CMR 410.820 reveals that a dwelling or portion thereof is unfit for human habitation,the board of health may(after complying with 105 CMR 410.831 (B), (C) or(D) if the dwelling is occupied) issue a written finding that the dwelling or portion thereof is unfit for human habitation. (C) Hearing if dwelling or portion thereof is occupied. If the dwelling or portion thereof is occupied,then the board shall,prior to issuing a finding under 105 CMR 410.831 (A), and at least five days after service of the notice required by 105 CMR 410.831 (B), conduct a public hearing to determine whether the dwelling or portion thereof is unfit for human habitation and whether an order to secure and to vacate should be issued. At the hearing the occupant(s), owner, or any other affected party shall be given an opportunity to be heard, to present witnesses or documentary evidence and to show why the dwelling or portion thereof should or should not be found unfit for human habitation, and why an order to vacate and an order to close-up should or should not be issued. Q:\health\order letters\Condemnations\942 West Main Street,Apt.3&4,Centerville.doc You are directed to correct the above violations within Five (5) days of your receipt of this notice. You may request a hearing before the Board of Health if written petition requesting same is received within ten(10) days after the date the order is served. You have the right to inspect and obtain copies of all relevant inspection of the board of health; the right to be represented at the hearing; and that any affected party has a right to appear at said hearing. Furthermore, anyone who fails to comply with any order of the Board of Health maybe subject to fines of not more than$500. Each day's failure to comply with an order shall constitute a separate violation. Note: This is an important legal document. It may affect your rights. PER ORDER OF THE OF HEALTH Thomas A. McKean, R.S. Director of Public Health Town of Barnstable CC : COMM Fire Department TOB Building Department, Thomas Perry Susan Brackett, tenant Crystal Clark, tenant Q:\health\order letters\Condemnations\942 West Main Street,Apt.3&4,Centerville.doc TOWN OF BARNS :ATION �/0�2 GL/s?5� �'1'11311� �3/017 � SEWAGE # t.LAGE�€�11111 J —�---� ASSESSOR'S MAP & LOT2 '`1 ` ' INSTALLER'S NAME&PHONE NO. - % V1�f4W 111�'ca SCL-1 1,-r" C SEPTIC TANK CAPACITY LEACHING FACILITY: (type)-2e -�— (size) 1000 NO.OF BEDROOMS 1 OR OWNER / o lux-r PERMTTDATE: �J?" �"'��✓� COMPLIANCE DATE: Separation Distance Between the: Maximum Adjusted Groundwater Table and Bottom of Leaching Facility Feet Private Water Supply Well and Leaching Facility (If any wells exist . on site or within 200 feet of leaching facility) Feet Edge of Wetland and Leaching Facility(If any wetlands exist within 300 feet of leaching facility) Feet Furnished by e ni. �� kv ASSESSORS MAP NOs PARCELNO: _ _ 07- � No.......` S- FEB.............................. THE COMMONWEALTH OF MASSACHUSETTS BOAR® OF HEALTH TOWN OF BARNSTABLE Z Appliratinii for Bi-t-iVaBal Work,6 Tontitrnrtilan rrmit Application is hereby made for a Permit to Construct ( ) or Repair (!/ran Individual Sewage Disposal System at: i�! s. t on-Address F-o..f�:G :_.11fY `a±�.�/4' v�e � Lr.+JL �uCOwt� i. Owner , Address j,f •EE�r = ._- ............/Zlf P!�.�.�U_.r_..�Z ./?� ----------- Installer Address Type of Building Size Lot............................Sq. feet Dwelling—No. of Bedrooms---0?6'e.........................Expansion Attic (N ) Garbage Grinder (N) aOther—Type of Building ---------------------------- No. of persons---------------------------- Showers ( ) — Cafeteria ( ) dOther fixtures ------------------------------------------------------ ---.......................................................... W Design Flow...................5151................gallons per person per day. Total daily flow...........ZZ ...____._............gallons. WSeptic Tank—Liquid capacity/ Q.-.gallons Length---------------- Width......---------- Diameter.-.-._......... Depth--------_------ x Disposal Trench—No. .................... Width.................... Total Length.................... Total leaching area--------------------sq. ft. Seepage Pit NolIlG W__ t .. Diameter....-..1:Q....... Depth below inlet-----&.......... Total leaching area..................sq. ft. Z Other Distribution box ( ) Dosing tank ( ) $ - ¢°7/ aPercolation Test Results Performed by.......................................................................... Date......1_---------------------------- Test Pit No. I................minutes per inch Depth of Test Pit.................... Depth to ground water........................ f14 Test Pit No. 2................minutes per inch Depth of Test Pit..-------._....-_- Depth to ground water........................ . .......... ----------• ----- Description of Soil... r-----------VZ------ ....... �.✓�lj ht. x UW ------------------------------------------------------------------------------------------------------------ --------------------- ---------:----------------------------------------...._......... Nature of Repair or Alterations—Answer when applicable. sz41Z a cv/''2f- ,------------- Agreement: S/TJ�1/G— The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of TITLE 5 of the State Environmental Code—The undersigned further agrees not to place the system in operation until a Certificate of Compliance has been issued b the b and of health. .Signed .:..... /:.... - ----------------- - - aP .r S''..... Application.Approved By ............................... .......... //�.-.............................................-... --- ----- Dace Application Disapproved for the following reasons: ............................................................................... . ... .... ................... ..... . ................................................ . .. )n' (y.�... ... ... ... ..........................................--........... ........................................ 9 �i 49/ a �_ggr Dare PermitNo. ---------------------------------- --------------- Issued ......... .." ...... . .......................... Dare No........ .. ..•. .............................. THE COMMONWEALTH OF MASSACHUSETTS --BOARD OF HEALTH OWN OF BARNSTABLE �� ,���lirtttil�u fiat �i���ttl 3�nrl�,�` C�a��t��rnxtiun prutit. Application is hereby made for a Permit to Construct ( ) or Repair ( V)an Individual Sewage Disposal System at: �y 7- G/G's`/ L//o/ca tioSnr ,o. '---...•-•••••-••-•--••-- /-•'--• .{.......-- ......•-•. -•�-�••- ........................................ .................... / //J� Address Wa .....••••-•.............. ................................ .. ------------1�-� _ s s.7 ..fJ_. .f3v=r---�Z-.r��-- i stof�s•-- � ...:Gl � Installer Address UType of Building Size Lot............::..............Sq. feet Dwelling—No. of Bedrooms.__ --------------____-_---Expansion Attic (h!) Garbage Grinder (N) aOther—Type of Building ____________________________ No. of persons..........._____.._________- Showers ( ) — Cafeteria ( ) Otherfixtures ------------------------- ............................................................ W Design Flow...................5._�..._........____gallons per person per day. Total daily flow-----------7_24fv-....................gallons. WSeptic Tank—Liquid capa6tyM��_galIons Length________________ Width---------------- Diameter--- Depth................ x Disposal Trench—No. .................... Width.................... Total Length.................... Total leaching area....................sq. ft. Seepage Pit No.�gNL_�_.. Diameter--------/0...... Depth below inlet_..._.......... Total leaching area..................sq. ft. Z Other Distribution box ( ) Dosing tank ( ) 5 - 4-tl Percolation Test Results Performed by......................................=--------------------...--••----•--• Date...-----��.....7g-•-•......••. a Test Pit No. I................minutes per inch Depth of Test Pit-------------------- Depth to ground water--_._..______-__..___.-. Gr. Test Pit No. 2................minutes per inch Depth of Test Pit-------------------- Depth to ground water........................ ------............•........................................... O Description of S oil.... / /S/9 `xJ/e._.... SSc✓.aa .- �-^ �'� x s U -•--••-••-•-•••••••--••-••••----••--•••••....-•---•---•---•••••-••••-•-•-•••-•--...•••-•--•••••--••-••----•----••-•••-••••-••--•---•----•••-•---•-----••-••-••-•----•---•••••......--••-•--•-••......--- W ---•••-----•-------------------------------•---•-•-----•-------------•--.....--•--------••............... -----------------------------------------•....... •- U Nature of Repairs or Alterations—Ans ver when applicable/_�� '.O4L�Xisi/.c/l. 1,19 wel�f �..-••••----•••-•-•••-•••-••. Agreement: The undersigned agrees to install the aforedescribed Individual Sewage Disposal System'in accordance with- . the provisions of TITLE 5 of the State Environmental Code—The undersigned further agrees not to place the system in operation until a Certificate of Compliance has been issued b the board and of health. . s -% Dace ,� f Application.Approved BY ------- r r`=r- --------------- ---------------------------........... 'v/ L3— Application Disapproved for the following reasons- ----------- ------------- ---------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------- ...................... --- Permit No. � Issued ............ ..... 2-.CZ �� Date .....----- ----- - --- Dace THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH TOWN OF BARNSTABLE TPrttfirate of Torayltanve THIS IS,,p CERTIFY That the•Indivvidual Sewage Disposal System constructed ( ) or Repaired ( !/) by ---------------------------------------------------------- ...- ......._..\.-----P..... - .............................................. Inuall at ,/1G- 1'./�� (/,�'.. ��".... L ✓2 �//Ll�:. ...`1rt�` � -------------------------------_....._....-----------................----------------------------...._------- has been installed in accordance with the provisions of TITLE5` of The State Environmental Code as described in the application for Disposal Works Construction Permit No. %5 ':.-i".,571P............. dated ..._ _". 3 U. ---�'-F..- THE ISSUANCE OF THIS CERTIFICATE SHALL NOT BE CONSTRUED AS A GUARANTEE THAT THE DATE.--. -->. /� N SATISFACTORY. J SYSTEM WILL FUNCTION �-�`''� �.. r-... � _....... . . ...._ Inspecto° r ..._.-- 'r;, :s- r t THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH S- TOWN OF BARNSTABLE No.............. FEE...=,:.�...---...... Dispoal Morkii Tonstrurti.on "rrmit Permission is hereby granted--------.— ---------------------------------------------------------------------------- to Construct ( ) or Repair an Individual Sewage Disposal Syst at No.........a2l '_ :ls!2:,"/1 '/Ll� �. �� T -----•---------------------------------------•---------------- Street �7 i as shown on the application for Disposal Works Construction Permit No._�'------`-- ---'--- Dated......-'�_"_`3 7 .................. . -�� = �--- Board of Health DATE....................................................f!:--_------------_--•-- FORM 36508 HOBBS 6 WARREN.INC..PUBLISHERS TOWN OF BARNSTABL 3 G d 'Lt Z'ATION SEWAGE# V'.LLAGE - .��l/ -f� ASSESSOR'S MAP &LOTS�O INSTALLER'S NAME&PHONE NO. I'VI/' t'Jy►� F's'' �ov'l -L�� �- SEPTIC TANK CAPACITY. J5 y U LEACHING FACILITY: (type) 1-�t�- 5 (size)&� Zv NO.OF BEDROOMS '' BUILDER OR OWNER Cs� �v `✓�`, PERMTTDATE: I' COCOMPLIANCE DATE: Separation Distance Between the: Maximum Adjusted Groundwater Table and Bottom of Leaching Facility Feet Private Water Supply Well and Leaching Facility (If any wells exist on site or within 200 feet of leaching facility) Feet Edge of Wetland and Leaching Facility(If any wetlands exist within 300 feet of leaching facility) Feet Furnished by .S �,.. �.� ._..., :,Y., `' ... � �, \ f 1< S�� �� � � 11 � ` ✓3 T �`i Cyj. \ , �� � ;� i i d `�` c1¢Z-'i' q, Z No C j_-�. Fm%...... ---................. THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH TOWN OF BARNSTABLE ApplirFation for Diiivmi al War1w Tomitrurtion Prratit Application is hereby made for a Permit to Construct ( ) or Repair ( p�' an Individual Sewage Disposal System at: sue.--�.� �1s �f fy9-a sf� OtY/J S: oat ion ress l � or o •-• •• .............. . .2 _r/!<.l................. M�q _. CI COAk � owner 4 2� Address ---�`� ------------------- ---------�Z-l ' -• _ ��__ . Or_--�Z---- Installer Address UType of Building Size Lot............................Sq. feet DwellinNo. of Bedrooms.. ._ !g— .....................Expansion Attic (/�() Garbage Grinder (/�() aOther—Type of Building ---------------------------- No. of persons---------------------------- Showers ( ) — Cafeteria ( ) Q Other fixtures --------------- -------- ----------------------------- W Design Flow---------------- ._....______.___..gallons per person per day. Total daily flow.........Jr-CO......................gallons. WSeptic Tank—Liquid capacity/—gallons Length................ Width................ Diameter---------------- Depth................ x Disposal Trench—No. .................... Width_.................. Total Length.................... Total leaching area....................sq. ft. Seepage Pit No4�_l... ----------- Diameter...JjQ......... Depth below inlet.... ........---_ Total leaching area-1 ._._._.__sq. ft. Z Other Distribution box ( ) Dosing tank aPercolation Test Results Performed by-........... ----------------- ........................................... Date--- .................................... Test Pit No. I................minutes per inch Depth of Test Pit........-_-.--..._._ Depth to ground water------------------------ 44 Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth to ground water............_-_._-_.-... Q+' *-- ...........A. -------------------• -- •----._.............................................................. O Description of Soil------ .?1 �oY.". Sv' G ----�-1�--'?---_—716Q,/................................................................ W x . - ---••--------•--_----- ---- U N tur of R�epprs or —�yer when plicable. /SDO� _ ... .. _ � Agreement: The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of TITLE 5 of the State Environmental Code —The undersigned further agrees not to place the system in operation until a Certificate of Compliance has been issue y the board of health. / Signed ......... -.�..�------ ......... � .31.Z%1..1.. - . �.f. Date Application,Approved BY .................. / � �.'"''�G....'..�'.� Application Disapproved for the following reasons- ------------------------------------------------------------------------------------------------------------------------------......... ....................... ... .........--...... .................--.... .. ...........nn.:..... .....--------------------------------------------------------------------------------------------------------- -------------------..._..------------- Permit No. 7 p� �3 r Date ....................... . . .. Issued ...........�. .........- ............- Date No..... ........f FRic.....:"....d........... - THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH - TOWN OF BARNSTABLE j:5'('e'V �. - Alip iration for Biopoml Worko Tomitrnrtion Urrmit Application is hereby made for a Permit to Construct ( ) or Repair ( k r an Individual Sewage Disposal System at: �, /�;�9 -------------------------- �//✓ �. ------•-----------_____-�?/�-- -� y ocatiol,-Ad Tess Cor Q J r it IU�f�M. �_•^_.._____.._._'. / Owner�....................................... � Address ate! �._. ,:�zx.'.•-..--.---... 42YS"Z, _ �X /zi .pS �,/s- ic�5.... 1-U Installer Address UType of Building Size Lot............................Sq. feet �t Dwelling— No. of Bedrooms--_. 2--•.............._---Expansion Attic (/,f) Garbage Grinder (/,C) aOther—Type of Building ---------------------------- No. of persons---------------------------- Showers ( ) — Cafeteria ( ) Otherfixtures ------------------------•-----.---..------------------_--.----------------------------- ............................................................. W Design Flow................�`r_ ------------------gallons per person per day. Total daily flow---------- 2C ....................gallons. WSeptic Tank—Liquid capacity/� -gallons Length................ Width---------------- Diameter---------------- Depth................ x Disposal Trench—No. .................... Width.................... Total Length-------------------- Total leaching area....................sq. ft. Seepage Pit No.d&.--- ............... Diameter___-.!Q......... Depth below inlet.... ............ Total leaching area..................sq. ft. Z Other Distribution box ( ) Dosing tank ( ) 3 ^¢7/ aPercolation Test Results Performed by.......................................................................... Date........................................ a Test Pit No. I................minutes per inch Depth of Test Pit-------------------- Depth to ground water........................ (Y Test Pit No. 2................minutes per inch Depth of Test Pit-------------------- Depth to ground water........................ Ri --- ............... -- 0 Description of Soil............. ' .__-.. .. '52 x U ....-----'------•--••----'-•••----.......•-••-•...•-•--••-•---•-•-•-•-•-----•-•----"----•"'---'•--'---'--------------------------------"------'------•------•---•-----•----••-------•"-'------'-•''- W --"-••••••--•-.................................................................................... ------— ---------------------------------------- ............................................ U Nature of Repairs or I Alterations—Atlswer when ,-`------r __lv......�Xis..r,! --L........ -......� !j/✓�_ c cr .. Agreement: ��l - /D t-G / t Z The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of TITLE 5 of the State Environmental Code—The undersigned further agrees not to place the system in operation until a Certificate of Compliance has been issued—by the board of health. .../l,.a.lrw -------.....Signed - ...- ....-�_ ..... ...............................- ;- - /� --- - -� Application,Approved B r _----------------_.._ram- Ltd._.... � PP PP Y ,; v..f.... .... _ Date Application Disapproved for the following reasons- ------ ----- ------------------------------------------------------------------------------------------------------------------ --------------------------------------------------------------------------------------------------- -------- --------------- -------...._.....------------------------------------------------- ........................................ P ! Da[e Permit No. 9 �....`-----------7-------/------------------- Issued 1 °_.� ".. 1r?.s-- Date THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH TOWN OF BARNSTABLE �LPrtifi ate of (%1L11vmjj1ianrjC THIS IS-WO CERTIFY_Tha the Individual Sewage Disposal System constructed ( ) or Repaired by ------------------ ..................... --------------------....--------"---......------------------------------------ _ % tt,.,tallet at ...................1�/ / 1 !/i' T.-- P/CGC ---- /�y � ----------------------------------------------------------------------- has been installed in accordance with the provisions of TITLE 5 o f The ta environmental Code as described in the application for Disposal Works Construction Permit No. ---- ."_...`......r...._.............__ dated ...._- THE ISSUANCE OF THIS CERTIFICATE SHALL NOT BE CONSTRUED AS A GUARANTEE THAT THE SYSTEM WILL FUNCTION SATISFACTORY. DATE......... "'"" P- ... - - Inspectorl ~` THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH r TOWN OF BARNSTABLE v No. �..... FEE.-- .............. Disposal Workii To nJt rurtionVamit P�eC -Permission is hereby granted''... -----�_ - ----- ---------------------------------------•-•-•- to Construct ( ) or Repair (1—)-an Indivd dual Sewage Disposal Sy tem at No.........aK&3 j' ?7! /�`/------�T----W,/-;.✓/ ?2t//GCS':/t�7` 5 ------------------------------------------------- .................... Street Q as shown on the application for Disposal Works Construction Permit No--- _------ ated..____- . ". r--� � ,�fia- �. -----------------' -=----------------- -------- ------------------------------------------------ � _3 �- —' soard of Health ------------------------------------------------ DATE....................'•- ---•-----•'-'-••--....... FORM 36508 HOBBS 6 WARREN,INC..PUBLISHERS T "L G1cc S t LIBER i`y i°;I_ITUAL a� C0MMERr' '"DES PACKAGE POLICY C�>�► co DECLARATIONS LIBERTY I.,iioi°t-j Mutual Insurance Company �r��.�r,��,"t�'�;. � u0 � sU1? ACCOUNT5 '00t30 j ibrrO .`(utual i r �� insurance Group!>;estop f PO , NO. RENEWS �{ 1-111,-401233-022/3 YY1-021/5 NAMEDN✓y INSURED AND MAILING ADDRESS Z PRO . _ Pinebrook 0ondominium Trust cummunif�y House, Townhouse Terrace Hyannis, IM 02601 ` POLICY PERIOD; From 9_2--92 to 9-2-93 at 12 01 A.M.STANDARD 11#A8 AT YOUR MAILING ADDRESS A$t7Y Business Description: Condominiums V IN RET URN FOR TKE' PAYMENT OF PREMIUM, AND SUBJECT TO ALL THE TERMS 6:"TNI9 PJLICY,.WE AGREE ' ITH YOU TO PROVIDE THE INSURANCE.AS VATEWN THIS.PQLICv` TVIS POLICY CONSISTS OF THE FOLLOWING COVERAO€ PARTS FOR WHIC4 A PREIVIOM '•S INDICATED. l THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT, PREW LIM Commercial, PropiSrty Coverage Part ;, $ 4,1_14 Highly Protected Risks Coverage, Part '.omr+ Csaf General Liabifty Coverage Part --_6,600 Commercial Crime Coverage fart $ 114 C;lmrnareiai In'and Marine Cove-rage Part $ I l -rBaPer- and tiAsct•,trie'ry Coverage Part $ bI.st;931aneous Susin'ess Auto Coverage fart S TOTAL $ 10,228 TOTAL POLIC`! PREN lUk! PREMIUM DUE (3 Year Annual P,ay•Polives) $ 10,228 at Inception i 1 - . $ NJA at anniversary Crwerage Ferrr+s(s) and Endorserrient(s) trade a part of this pulley at time of issue: 1L 0011 Countars fined. New Bedford, %1A By Aulnor4eC fie+Qresentaarae N*4t300 SCPP Saia:Offict s,Roa.Awe"n4tiVa Poi hr. R,iiw4 lati9.Yet ka Audit Beeif� clbjm�Gttiz Ty " Ea6 Rated 0 ® LD' Np'W $2f�£Ord n i [1s Rev* Li ® 0 gf25 fi5 Car aher 7023 e GPF 760 R2 (Ed...Sr92) - T_iL G `-D_ 1_. L_IEZRTY t,t_! U L- - CUMMERICIA' PROPEWY COVERAGE PART LIBER1 C TIO PAGE ! t JALO )�r::y _J ,. — 1-111-401253--022/3 0 "X" slb SUPPLEMENTAL DECLARATIONS sS ATTKHED DESCRIPTION OF PREMISES 1 i-11 8-94 Townhouse Te ,{°ace -28 Townhouse Court House; Lo-,wbuuse Terrace, .Hyannis, 'pass:: :r'rame Clan amliniurns H (IOVSRAGESuPR NA ED ;NVURANCI AT THE DESCA189D KIMISES AM19%MLA FOR WVERAZES NOR WilCH A LIMIT Cf NWAANCE IS sIt'"`N 6 P F9r 40, 84 OP, 40 XrWER�aa l,I iT. .tF� R;¢ "t3 J S 6 `(. ft$ J£A K«E' TEs 1 1-11 Z],a n k e t B i 1di �g Full Replacement Spacial Cost value perz. Prop, $5,000 Special 80% f OPTIONAL CG_ERAG F-P r BLE ONLY�qIiEN ENTRI95 ARE VADE IN THE SCMIDULE KLOW L=PAYM s P'PSM tyl BLDG NO KE—Q W.UE ;EPL: fa9FjiT 0=(X) Expm. wE AM&IN'T $LOG, PER: I UP !NCIL ,ST0C;t Blkt, ?v:ildina, Yell Re-lacement Coslr Value >-2-53 Personal property $5,000 X 1 , i tNFLfTQ14 GUARD-'ForrfirrtAlti "MONTHLY LIMIT OF " tMW6-KRi(0 -Ei-TEI40ED K0,00 3 SUILDiNC KnONAL KIOPERTY INDEMNITY(Ffw- OF 6NOEW4iTY{xi OF 1NOCAAKlT�tQ3;5! i 11 81 71KOW aSa OtMCTIBLE NO DEDUCTISLE J$;t1'RTC0 T�-I; DEDUCTIBLE. SHALL K $250 I FORMS APPLICABLE� TG A,� ,Ct'vERAGES ` CP 0093, LL""F 1017, C:' 0017, ,vP 3030t 0i? 0109, CP 0108, C4PF 561 . t PRLWT to 4L- G NO G%UMES "M ?iUMMA €xkjM NG m SLW° 40 ✓Ui."tlir.AGE ?OLCF'?'NAME AND m it,NG ADDRESS GPf 702(Ed. 4/87) f_;L �__ °?:_ 1_;, 1.1 I i-BERT'Y f'i_ITI IG E T . COMMERCIAL QEMERA I LIABILM COVERAGE ART DEMAW ION v UWTS- OF MSURA I�M t A— P R 0D?mot —00MP'L Vi W D 0MERA f 0 Ng AG G&A C CA" UM lla lu6cd ir Gien.er sggregate firp e e A-� FIRE L I G A L�, Ls'TY(ambit �to r' '$ ) � u�'����1� �r IO trson I 1 t?,()00 per person/ ?- lu OnIY) FF./. I"AB* :1L JVL.� , 3d4,+i%'.,ill a. .'Z] 3jj.15$, Lti tJ 4!+: '.j- LG 34/..'15, •�,�80, CCMtr'L� 5 +31F �D�� S OF 704 £j .187) .ewe.+..w..�.��..`°.'`�..�.'�v,..•�...,�...�+.+�v��+�_.sn,.n�.�-++^+'a.,-e�....,..,»»o. �� )FIli Sr,Vi✓3x Q1 do S?-PI ?Ali 3-.:.4 3` x ?'S: e.Q .�•,.. - £2r r,v t"ti�d do Q:iO4 GV^'O4S1t°i'7 Ct )A'A rjq�re.........•. _'tl 4 •'.-___ _ •3 �.,e�.....e..,�-,..'.,,-...,s..fi-,>-,���.w.,,••.-.�.,v..,.,.-"-.^ �-.�.�»� -•-----,-"'°'o'er^"-.�. .,,�.,.._............ {.j ...--..- �Jd IJ a,.�,..-.�...�».�......i.......�e.�.�x..e-..���..�..m.�-� ��r�.*�-�»..�..�..+-........._,._� .....nr--•---»r { 3a i v.S Iiio-Rob I er�','�e��SII�3��c fS � �. .�..r.m+j. �-:. __ »�.•�»...� t����?�kd rp, f V ,.........e.,.,.>.....•..-,�»,=•tee.,»,._s�.m�w...-�e�....,®,....,.,�..w•.�..a...,aA.»...s.a. ��.�� �»„e.�-. L�o49 1 ;f IK A-0110d MAO IIPOD vwnz � r _,'d 1HI'i_i_Ili.i ,i,L, ,;1I] _ - :t='G = ='1_i r 4` . ..�.. w- a., ...-.. .._�.... ,.e.....�.-...F..,..�. .,........P ...,.+.,--.,..e-�------•_-..-.e--,�...,�.�-,-P,.-,.,.....-......�...w....,w,..wMa�..ww+w.....+F. .._�-....`..—w. � ... o JG s`a''s''e,o m 1 4� :i a I , I +0 ` Ue t s"afs:1;PPo �,-,—..-..--:. ,.,,....+�--..8.e,��� _,..�..,.,...,+e+.�-'�--�---•-.�-..,..�,.-,--e..�.�..+�.�,�1�A+w.r�,.�.o.r-..e--....�.. �t i{t'a;1,J y'l�'�1 Rir ;+�i q h *; {{ v ii -T V n ! T� f ..* Pjawt: f • r f,6 F§ 1t tii !EtEC? r3 i: " E5 k {, 7s;lF'L 7$u Jrn � { Tf'rR9 cv=71 CWER V1611 t WEF:x OVS !Ss;) CROSS SA L E. - W PAR �if�� -�r�c'r":� ie i `ti.» S Zt yi•,.. V 1 1 : 1Z tc it Grp tA0v Fr 0 #wr -V R 0 L1 a�1 F: ;.CrIO�,1�' t��4 RG-:.., � 1 j 2125 TombouseOurly 6M(I s*; 5" � 79.301 1 Incluced 400commuziry r ?'xlr 1t3C16'r� Condopimu swimin ' , RI 7 1Q J t " i 7, 751 } i 1r'IL1L et�i tO*8 i Included i 673 Ascouor Hilt, an - p lc�E No UPS.,} 4053 American Heart Cardiopulmonary Association Resuscitation and Emergency � Cardiac Care i s V- L i has successfully comp etl the national cognitive and 1 skills examinations in accordance with the Standards of the American Heart Association for c _ npy C= c� Date of Expiration , ._ Date of Issue This certifies that has completed the LIFEGUARD TRAINING course of instruct` x; American 1t Red Cross Date cout,e completed' t T. Chairman.American Fed Cross rltis certifies that fir # has completed the course of instruction ` 9 p/ 5 -- 1,aaric;in j it t7 Y4 K1— -- Tied Cro-� I e Q — I?atc course cotpleted i C:moo -✓?�'.s g a . ., - - . Name of Heart ARA, B,Q-HUDSIM CHAPTER Association EI L_IS W L AT"EP.. Pv9.D. !; Instructor's ECC HAI—A1 Name _ instructor's ���'+' D No "t Holder's t�.a� $i nature applicable state"ums and - 9 naion is su iecl ro the provisions and lim of app This recog . licensing acts. 1 9)19f37,American Heart Association 78-0033(CF) ArneficanHeart Association 1 Note-. Lifeguard Training is valid for three years from course completion date. Name of Chapter 'NrZ: Chapter Representative'_ Instructor � t i f fJ '' / � La I holder's Signature �• �, Cert. 3416(Sept. 19881) Nraining ill Standard First Aid is valid for three wars from the coutse c�mplet on date. l N:ullc of Chapter +mot ------ ff----' — X11L , ;^^tR �E - (:haptc•r Ri:prt'.'�' ttt�t� —� ructor lloidcr S`ign:uul Jbk NAME OF CHA TER • ; { Note: Lifeguard Training is valid for three years from (CENTRAL MA Ctia r'E 4i course completion date. MMAL YPY ; Name of Chapter n a INSTRUCTOR Chapter Represe tiv OLDER' G ATURE 0� Instructor H&S 4190 �., Holder's Signature Y j ® 42 a rt, 3416(Sept. 1988) ,1 NOTE: Training in Infant and Child Cardiopulmonary f NOTE: 'Braining in Cardiopulmonary Resuscitation (CPR) Resuscitation (CPR) is valid for one year from the is valid for one year from the course completion date. course completion date n (,IENTRAL MASS. Cr1AP4Y?:H � NO. CRENTRAL MASS. C.iie�'l"D Name of Chapter �I pp pp nn Name of Chapter Q.1<i2.1.�81Z �. �.V�'1 t.d. � Chapter Representat' Chapter �Represen. 4� OWE„IF I 'OASA Instructor `. 1�1.F. Instructor Holder's Signature , Holder's Signature > '' r { / 42 Cert. 3210(Mar. 1988) +' 4&.42 Cert. 3212 (2 87) NOTE: Training in Basic Life Support for the Professional Rescuer is valid for one year from the course completion I date. NOTE: Training in Standard First Aid is valid for three years from the course completion date. NO CENT' _ Name of Chapter Z;A1I. ���• CgLtiHT1�Ti Chapter Represe Name of Chapter v > Instructo ` _. Chapter Representa 4ve:-~ z Holder's Signature Instructor 1 I Holder's Signature 42 Cert. 3214(Apr. 1988) 42 Cert. 3207(Apr. 1988) u!628uuya Aux J.Paduulw 11!n13S ani PalaS daay o,paj!nbaJ ale noA'Jagwawa3 •aeoqu lagel ssaippe algenowaJ palwJdaad v • - 341 8u!sn aMM3S anilaalaS 01 WHOA 39NVH3 N011V1d1S193H xl1 POW ry vaua u'1 s!1e41 uogeu olu!aq1 anoge ApaaJ!P uoleuuolul P313al-3 --�" ayl luud'pioaai IWA w a8uega Aue Ua1loa ol'Pjoaw uuqujls.12 a moA w sa8ump 00-666 army Aue 24.w m❑11uaw8palmougav uoilens!8a'd JmA uu umoys uouewlqul o ,a41 u!Joao Aug.1awwa-0l 131!ew s.ql to uoryod=04 38ue4J PJo3aH ay1 asn au9 pue 1—uosudw!4w4 Jo MOM IN)-JM 1ou 10 aoq a Jo s o0A ang uegl c rs'•ZeZ-81 CJ t 0 vw $visnOa ISV3 aJuw 1ou m1 tuaumoSlJdw!w 11nsaJ AMuonuloln 4ins 10 uoila!suoJ 13v aa!,vaS H IS 10d3a 01► SSS X08 Od aA!I-IDS AJC1!!!W 241 alelo!n AM uopewJqul PmmbaH aql aP!nwd ol wnpel JnuA NOSNHOf SH3HIOU3 AMIMP .'aal.uaS aA!WlaS 01 JagwnN AlunaaS le!aS mok ap!,wd 'z . .uuug siyl to td!paJ 10 sa8ueya ayl Jal1u . "UP 01 uN4 m PJo»J m o6 u!2Sue43 Jo/pue Jo a Aue 10 1!UaS anpaalaS A1nuN GICUZO-ZOUZ 01 t' tBe 50L-VL :mA teyl sa,!nbW m 1 IWJPaj'W!MaS an!wlaS a41 N!^pwats!8w aq'ol(ata'Swulon m f•1uaw6o dwa ua 1e 1uo n1s se ans su au awm m 8u!.<dde uaw . gu. I I' Pad P. P 4 1 J a9 1 I a8e-u0{1eJ1s!83J aJ!ntw%V1 21nS pue Iwapa3-w?15AS aalnJas 2nn3alaS 241 41!m uopeJls!8a1 JnoA 10 lowd se 1dal aq ppro41 1uaw8P01m0u>l3v wlvjls!bd S!41 JNVILLS193H 3H1 Ol 33110N �1g�tatil4���fw�e.�.1nd'1:�>..+r•e._.r-.�� oFTHE rp TOWN OF BARNSTABLE 4r" pw OFFICE OF DeaAO&M i BOARD OF HEALTH � rasa pp 1639. 367 MAIN STREET HYANNIS,MASS.02601 August 11, 1992 Mr. Ernest R. Torella, Trustee Pinebrook Condominiums Town House Terrace Hyannis, MA 02601 Re: Your outside swimming pool - Old Bather Load. Capacity - 47 Outside; Modified Bather Load Capacity - 19 Capacity Dear Mr. Torella: The Board of Health will allow you to set a maximum capacity of 19 persons at your swimming pool located at Town House Terrace, Hyannis, MA. This includes all other persons within your pool enclosure. The following conditions must be complied with: ( 1) The pool must be supervised by a swimmer all times the pool is open. We wish to make it clear that this swimmer must be at the pool and cannot be observing from the desk, another swimmer must be provided physically present at the pool. This swimmer must be certified in adult, child, and pediatric CPR by the American Red Cross, American Heart Association or equivalent, be familiar with lifesaving equipment and knowledgeable in first aid procedures. (Minimum swimmer qualification requirements are enclosed. ) (2) You must keep a permanent record on a form prescribed by the Board of Health listing each swimmer supervising the pool when it is in use. (Sample of prescribed form is enclosed. ) (3) We must have a copy of your insurance policy naming the Town as coinsured in the amount of $1,000,000. (4) All other regulations contained in 310 CMR 12.00, Minimum Standards for Swimming Pools, must be strictly complied with. (5) The swimmer(s) must hold a current American Heart Association, American Red Cross, or equivalent CPR certificate with training in adult, child, and pediatric CPR. (6) The swimming pool water must be treated for coliform bacteria at least monthly by a certified laboratory. Mr. Ernest Torella, Trustee ' RE: Pinebrook Condominiums August 11, 1992 You are granted this modification of your previous pool capacity of 47 persons because you have stated your pool is used by less than 19 persons at all times. Please be advised that if you exceed this capacity of 19 persons, your modification will be invalid and you will be required to cease operation of the pool. This modification expires December 31, 1992. Sincerely yours, Susan G. Rask, Chairman BOARD OF HEALTH TOWN OF BARNSTABLE JCS/lls (WHILE YOU WERE A�l AY A.M. FOR DATE--C -TIMES yU M OF (( /1. v / TELEPHONED PHONE r 73J'!� RETURNED YOUR GALL .„ AREA CODE NUMB R EXTENSIO MESSAGE PLEASE CALL •• WILL CALL AGAIN vv CAME ✓ TO SEE YOU TO SEE YOU SIGNS + TOPS FORM 4001 CAPACITY: 19 OUTDOOR POOL PERMIT FEE THE COMMONWEALTH OF MASSACHUSETTS 55 $75.00 .......-•-•--TOWN--••----.. of.....MUMBLE................................... Board of Health This is to Certify that .......... INEBROOK CONDOMINIUM,..__._••••_•- ................. .............................................. NAME TOWN HOUSE TERRACE, HYANNIS •---------------------•-----•-•----•--------•----------------------..........-•-----•------•--•---•--------•--.....--•-••--•-•----.....--•-•---..........---•------•........ ADDRESS IS HEREBY GRANTED A PERMIT To Operate a Public, Semi-Public Swimming or Wading Pool At ...QUALIFIED SWIMMER MUST BE AT POOL SITE ALL TIMES POOL METHOD OF WATER-TREATMENT- CHLORINE--AUTOMATICALLY FED .....--• --•-•-•---..._.... ...............................................................•----..................--------...........•---...•---•••--...........--•-•-----...............-----••---_.... This permit is granted in conformity with Title 2 of the Sanitary Code of The Common- wealth of Massachusetts, and expires ----------------_____DECEMBER 31, 1992 _______________________unless sooner suspended or revoked. .................................................................•-....---............ --------- �I�t •--... .. Board JAN......................................119.._92- J p-ooh` .►�IIOW�M.�.��i lall'man of.........�U$All�. B�.................•-----•............---.-•-- Health ......................................... y----.....••------•-----•----•------------- FORM 1712 HOBBS$ WARREN, INC. By .....-•-••----•••••••--•--•.........................•-••-•-•-... AGENT r Certificate of Insurance. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER.THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND ROES NOT AMEND,EXTEND,OR ALTER THE COVERAGE AFFORDED BY-THE POLICIES LISTED BELOW. This is to Certify that PINEBROOK C0100 IUM TRUST Name and LIBERTY C°MMITY RatrSE Address of MUTUAL TOWNHOUSE`TERRACE Insured b . RYANNIS Xk 02601 ' is,at the date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies)is subject to all their terms,exclusions and conditions and is not altered by any requirement,term or condhion of any contract or other document with respect to which this certificate may be issued. CERTIFICATE EXP.DATE * CONTINUOUS TYPE OF POLICY []EXTENDEDPOLICY NUMBER LIMIT OF LIABILITY ❑POLICY TERM COVERAGE AFFORDED UNDER EMPLOYERS LIABILITY WC LAW OF THE FOLLOWING Bodily Injury By Accident . Each STATES: Accident WORKERS Bodily Injury By Disease Policy Does Not Apply Limit Bodily injury.By Disease Each Person General Aggregate-Other than Products/Completed Operations GENERAL LIABILITY 2*000 000 Products/Completed Operations Aggregate F�CLAIMSMADE ,• i Included in Geuera3 a a.te 9 J2/92 l—,111-40 1253-021 Bodily,Injury and Property,Damage Liability, RETRO DATE , Occurrence _. Personal and Advenysing Injury Per Perew OCCURRENCE x 4Qt 00Q Organization Other. Other. AUTOMOBILE LIABILITY Each Accident-Single Limit- B.I.and P.D.Combined OWNED Each Person Il F�NOWOWNED Does Not Apply Each Accident or Occurrence HIRED Each Accident or Occurrence OTHER ADDITMAL COMMENTS Addit:imal Insured Town of Barnstable Barnstable, MA ' * IF,THE CERTIFICATE EXPIRATION DATE IS CONTINUOUS OR EXTENDED TERM,YOU WILL BE NOTIFIED IF COVERAGE IS TERMINATED OR REDUCED BEFORE THE CERTIFICATE EXPIRATION DATE. HOWEVER,YOU WILL NOT BE NOTIFIED ANNUALLY OF THE CONTINUATION OF COVERAGE. SPECIAL NOTICE-OHIO: ANY PERSON WHO,WITH INTENT TO DEFRAUD OR KNOWING THAT.HE IS FACILITATING A FRAUD AGAINST AN INSURER,SUBMITS AN, APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT Liberty Mutual CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL , Insurance Group. AT LEAST DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: TOWN OF BARNSTABLB �--_•�� �� t CERTIFICATE BAPJiSTABLE MA AUTHORIZE �REPREW INJITATIVE HOLDER SD Ig uE 1D Bedford i This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by Those Companies BS 772R6 - "- OWN C E. LIBERTY : - MUMAL6 X. 01 0 BOX,209P �, ut C1G e• ee #•f �#_trX DFG .s.a. M P r' T i ♦� ©� cJ� � MS JOSEPHINE TUCKER PINEBROOK CONDOMINIUM 'TRUST COMMUNITY HOUSE T6WNHOUSE TERRACE HYANNIS MA 02601 �i Oih 1:.,id,lh:11::1:.1111+g111 4 . ��� �. y,.. �. s i ,�� 1;� � / �� �` ,l ,� r iIL �.�Qt, A; j � !T 3 � L�Cid•4k. 4 "3' N 1F gk ( � ; 1 --�. �;� Ben�5m�vtl� This certifies thatr. X ' ' t �G r� Ben. Smith � n r ;has; " �> I � �yz $ Jpletedthe� � "px� F }. if has completed th STANUD � � L r .� >h RT FOR THE s` ored by 'fP CPR: R ursP oI msfruo P° PROFES °ids . i}$t; a hF1 � 3 S IN course of ARC art' Ame l ti i$ �mat Pleted � ! c1wrman,American Red cross This certifies that BEN G has c. P Lll+EG course HO(1L wA:meri ean at ros' 4-5 Date course completed UwM �2m�S-s i f 1 ==r 1Vqks ._ . NOTE:Training in Basic Life Support for the Professional t. Rescuer is valid for one year from the course completion Z�r date. *�, $. Chainnan,American Red Cross -� Yl'3 'R'-.i.;l�.3f£Y&.�.SS�,:'.'^.•�1Xra."7L'*C..7S',.3"'R'-: kfAR Name of Chapter�jyitilrirtfUrll C.IpturYa Instructors Signature Chapter Repre entative Instructor 6 V .o,.a• w,y.r=:a:��..,._ �'-' y� { E, � Holder's Signature Holder's Signature : • i ,9ex 42 Cert.3214(Apr. 1988) i �r. i' a fi t i320�>(ReZ June 199 ) Note: Lifeguard Training is valid for three years from course completion date. Greater Hartford Owpfe ` Name of Chapter j Chapter`Representanve I i Instructor Holder's Signature 8 ;42 Cert. 3416(Sept. 1988) d 1 4 TOWN OF BARNSTABLE OF TH E t0� OFFICE OF HA"STAEL i BOARD OF HEALTH .� MAQd p °0 i639• �� 367 MAIN STREET HYANNIS, MASS.02601 July 8, 1991 Mr. Ernest R. Torella, Trustee Pinebrook Condominium Town House Terrace Hyannis, MA 02601 Re: Your outside swimming pool - Old Bather Load Capacity - 47 Modified Bather Load Capacity - 19 Capacity Dear Mr. Torella: We will allow you to set a maximum capacity of 19 persons at your swimming pool located at Route 132, Hyannis, Ma. This includes persons in your pool and includes all other persons within your pool enclosure. The following conditions must be complied with: (1) The pool must be supervised by a swimmer, by you at pool site at all times the pool is open. We wish to make It clear that this swimmer must be at the pool and cannot be observing from the desk. if your swimmer is temporarily assigned duties at the front desk, another swimmer must be provided physically present at the pool. This swimmer must be certified in adult, child, and pediatric CPR by the American Red Cross, American Heart Association or equivalent, be familiar with lifesaving equipment and knowledgeable in first aid procedures. (Minimum swimmer qualification requirements are enclosed). (2) You must keep a permanent record on a form prescribed by the Board of Health listing each swimmer supervising the pool when it is in use. (Sample of prescribed form is enclosed). (3) We must have a copy of your insurance policy naming the Town as. coinsured in the amount of $1,000,000. (4) All other regulations contained in 310 CMR 12.00, Minimum Standards for Swimming Pools, must be strictly complied with. (5) The whirlpool water must be tested for coliform bacteria at least monthly and pseudomonas bacteria at least once every two months by a certified laboratory. (6) The swimmer(s) must hold a current American Heart Association, American Red Cross, or equivalent CPR certificate with training in adult, child, and pediatric CPR. Mr. Erne. R. Torella, Trustee Re: Pinebrook Condominium July 8, 1991 (7) The swimming pool water must be tested for coliform bacteria at least monthly by a certified laboratory. You are granted this modification of your present pool capacity of 47 persons because you have stated your pool is used by less than 19 persons at all times. Please be advised that if you exceed this capacity of 19 persons, your modification will be invalid and you will be required to cease operation of the pool. This modification expires December 31, 1991. Sincerely yours, Ann Jane Eshbau h g Chairman BOARD OF HEALTH TOWN OF BARNSTABLE AJE/bcs Enclosure Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER.THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND,EXTEND,OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. This is to Certify that LIBERTY F P7LNRBRO€1K coMaMINxUM MUTUAL�� - . ti Name and COMUNITY AODSE I. TOWNHOUSE SSE TERRACE address of HYANNIS MA 02601 Insured. is,at the issue date of this certificate,insured by the Company under the policy(ies)listed below.The insurance afforded by the listed policy(ies)is.subject to all their terms,exclusions and conditions and is not altered by any requirement,term or condition of any contract or other document with respect to which this certificate may be issued. ' TYPE CERT. EXP. DATE'. OF ❑CONTINUOUS POLICY LIMIT POLICY ❑EXTENDED NUMBER OF LIABILITY ❑POLICY TERM COVERAGE AFFORDED UNDER W.C. EMPLOYER'S LIABILITY LAW OF THE FOLLOWING STATES: Bodily Injury By Accident WORKERS' Ea.Acc. ES NOT APPLY Bodily Injury By Disease COMPENSATION I - Pol.Limit - Bodily Injury,By Disease • i Ea.Person General Aggregate-Other than Products/Completed Operations 2,000,000 Products/Completed Operations Aggregate NIA W �q l ry j{� p+� q 1 g //�t r� .r} r� Bodily Injury and Property Damage Liability -per occurrence -�-� ❑CLAIMS MADE Personal and dve Rising Injury Qm per person/ V Q RETRO DATE organization �J W - � Other O [ OCCURRENCE 11000,000 SWIMMING POOL SPECIAL/EXCL. ENDORSEMENTS ❑OWNED EACH ACCIDENT-`SINGLE LIMIT-B.I.AND P.D.COMBINED OJ '❑NON-OWNED EACH PERSON Q Q EACH ACCIDENT EACH ACCIDENT '� ❑HIRED OR OCCURRENCE $ OR OCCURRENCE fE - I W W O L ) DESCRIPTION.OF OPERATIONS: ADDITIONAL INSURED THE TOIL OF BARNSTABLE BARNSTABLE, IAA 'If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration.date. However, you will not be notified annually of the continuation of coverage. NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR REDUCE Liberty Mutual Insurance Group THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO: • THE TONN OF BARNSTABLE BARNSTABL4 MA CERTIFICATE HOLDER —► AUTHORIZED REPRESENTATIVE _l �2�eg NEW B�, O , � PATE ISS�JED OFFICE This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP es respects such insurance as is afforded by Those Companies BS 772 R4 I 25 Highland Avenue ANNA JAQUES HOSPITAL OF NEWBURYPORT Newburyport, MA 01950 (508) 463-1000 Reaching out to serve you f June 5 1991 i To Whom It May Concern: Elizabeth Loveday, (019-60-716.5) , was certified in Basic Cardiac Life Support (Course C) at this facility on June 5, 1991 . Her card will be forwarded to her when we receive it from the American Heart. Association. BCLS Instructor :pd G 6/91 This certifies that Elizabeth Loveday This certifies that has completed the Elizabeth L o.y� d Town of Yarmouth rl has completed the Water �a ety 01a�e course of instruction a STANDARD FIRST AID at Town of Yarmouth Point course of instruction 91 Read at Northern Esse'' omm course completed May 10, 1991 C e g e �� Date course completed_ Amalan eoa roes / < ^hs Chairman,American Red Cross ,x P— a subsidiary of PINEBROOK CONDOMINIUM TRUST COMMUNITY BUILDING . TOWN HOUSE TERRACE HYANNIS, MASS. 02601 i I � � A ito i TOWN OF BARNSTABLE BOARD OF HEALTH Al'111,ICATION FOR A PERMIT TO OPERATE A SWIMMING POOL Application is hereby mnde for a permit to operate a public, semi-public, or private pool. This pool is to be operated according to the minimum standards for swimming pools set forth in Article VI of the•:Sanitary Cbde of the Commonwealtli 'o# -Massachusettss. OWNER 7I t-)L(5(ZOOIC-, CJKl yI ) . I V_ 0, , j TEL. N0. _7 7 S ` :7 ?1 b LQG.ST LOCATION Thu-,N 1+y V S< TYPE OF POOL57 (L LENGTT _ WIDTH 3 (VOLUME �a O�041- SKETCH (A detail pinn must be filed with original application) SIZE: SWIMMING AREA 'J NON SWIMMING AREA CT DIVING AREA 1y01l } SOURCE OF WATER j 6 Aw DISPOSAL OF SEWAGE AND WASTE WATER TYPE OF FINISH �ubejz-f__ Y I2ts_ _ SCUM GUTTER /y 01� DECK: TYPE AND WIDTH CEµIrAJ j SKIMMERS: WEIR LENGTH � TREATMENT SYSTEM (Kind of filters etc.) i DISINFECTION METHOD (Method, type, capacity etc.) A PA.-4C L~( CzV i l- CHEMICAL TREATMENT (Feeders, capacity, quantity etc.) Ai IV /� (� I ( C 'G� REMARKS SIGNED DATE (Permits expire on Dec. 31) PREPARED BY . 2 ------------------------------------------ . JZIETTI ass RT 182 < HYANNIS, MA2601 . TELEPHONE : 771-41a2 . GOE HOW 9na; %gy qGK g, Q9# SqG g9 OUT B § PURE, . \ § RR% 9\9g, 61Ay1. CE/ . and § § SITE e@9gaER dlaeBle RQIda91a RC C Copyr6l5g T Nf- UZIETTLT B A U A A R E (tm) Cornputerized kj=ater Analysis PrOe-fessional Pool Svs--t_-mm Versicsn MS41 .015 tj I 4 -1 14...... f S�-v e per A"!"T 'T V I I'l t tj tAl .4 C I .."ILA Yl i.C IN I (:- H �J e % J., -7 ..... ...... !L J . kJ rf, (J HN f 0 j F % tj EJ q m_' C,I P E C-T Y 0 P-OOL WITH C-TA AND P1•R M 6 % a i � . ciz;mlpq T D 0- NOTEE: ADD Al CHEMICAl NOT ADD THROUGH SKIMMER UNLESS 53FECIFICALLY '[N:l3-frR-zjif-TPD . READ A N D FOELOW ALL LASE-_ Dl Pp: T MNC� FOR SAFE H-PNIDI T---- OF C HEM IC.Al WATER BPI PNCE RECOMMENDAT ONS pt Muriat; I I i A lb PH Minus OR W J _j + -i 4 + .. ... ... ... �4 3/4 lb. Har-diness Increaser J + j S A N 1 T I'Z_ER AND ALGAE"' CONT RDL E. j.D 1 i 1 !"T I X... ... ... ...... ii v 1• -g-, I I I:..! : prc , ID, Y.j . ... ... Ij 1'.1 F, HT.F. PREPARED BY ------------------------------------------ LUZIETTI INC: -vim H Y ANN T C , MA 02601F TEiEPHONE: 771 -4142 Bs-IiQUACTI, FSNACNIIA c-lHi0C'lv, BAQUA 50 r"b'A011A. STA-R-i D L Olj TA A;1 D 0- "Pi I I 'T, E _;AQi iA�ADC F'-'- , EAQUA 611� ';AQUA CLEAM Vril d U At iE:*1 T E .3 r. T f 7 m D e a, ph emi;C.A I ri d u- t I i -to Hv. L % ti a I TOWN OF BARNSTABLE OFFICE OF Z DlB39TA13L i BOARD OF HEALTH NAM p, �o i639• �� 367 MAIN STREET am A, HYANNIS, MASS.02601 August 27, 1990 Mr. Ernest.R. Torella, Trustee Pinebrook Condominium Town House Terrace Hyannis, MA 02601 Re: Your outside swimming pool - Old Bather Load Capacity - 47 Modified Bather Load Capacity - 19 Dear Mr. Torella:: We will allow you to set a maximum capacity of 19 persons at your swimming pool located at Town House Terrace, Hyannis, Ma. This includes persons in your pool and includes all other persons within your pool enclosure. The following conditions must. be complied with: (1) The pool must be supervised by a swimmer, by you at pool site at all times the pool is open. We wish to make it clear that this swimmer must be at the pool and cannot be observing from the desk. if your swimmer is temporarily assigned duties at the front desk, another swimmer must be provided physically present at the pool. This swimmer must be certified in adult, child, and pediatric CPR by the American Red Cross, American Heart Association or equivalent, be familiar with lifesaving equipment and knowledgeable in first aid procedures. (Minimum swimmer qualification requirements are enclosed). (2) You must keep a permanent record on a form prescribed by the Board of Health listing each swimmer supervising the pool when it is in use. (Sample of prescribed form is enclosed). (3) We must have a copy of your insurance policy naming the Town as coinsured in the amount of $1,000,000. (4) All other regulations contained in 310 CMR 12.00, Minimum Standards for Swimming Pools, must be strictly complied with. (5)° The whirlpool water must be for coliform two months by acteria at least certified laboratory.monthly thly and least once every pseudomonas bacteria at Y (6) The swimmer(s) must hold a current American Heart Association, American Red Cross, or equivalent CPR certificate with training in adult, child, and pediatric CPR. (7) The swimming pool water must be tested for coliform bacteria at least monthly by a certified laboratory. ,Mr. Ernest R. Torella, Trustee Re: Pinebrook Condominium. August 27, 1990 caacity You are granted this modification leof your ss than present9personsool at all times, of 47 persons because you have stated your pool s Y Please be advised that if you exceed this capacity of 19 persons, your modification will be invalid and you will be required to cease operation of the pool. This modification expires December 31, 1990. Sincerely yours, 1 � . Ann Jane Eshbaugh Chairman BOARD OF HEALTH TOWN OF BARNSTABLE AJE/bcs Enclosure • American Heart Association N • American Heart Association- Cardiopulmonary Resuscitation and (*Cardiopulmonary Resuscitation and Emergency Cardiac Care Emergency Cardiac Care VICTOR JT RPsH ha succcsruuy Ic -c om has successfully completed the national cognitive and skills p d the national cognitive and skills examinations in accordance with the Standards of the examinations in accordance with the Standards of the American Heart Association for American Heart Association for BCLS LEVEL B -_ � 7/3/90 7/3/91 Date of Issw Date of Expiration Date of Issue Date of Expiration • American Heart Association Cardiopulmonary.Resuscitation and • American Heart Association Emergency Cardiac.Care Cardiopulmonary Resuscitation and cr.Ar BATZ Emergency Cardiac Care R has successfully coo mpleted the national cognitive and skills MILDRED"L:-RESH examinations in accordance with the Standards of the has successfully completed the national cognitive and skills American Heart Association for i examinations in accordance with the Standards of the American Heart Association for BCLS LEVEL B BCLS LEVEL B —Z/�/�0 7/3/91 Date of Issue Date of Expiration I 7 11190 7/3T 9 1 -Date-of Issue Date of Expiration • American Heart Association • American Heart Association Cardiopulmonary Resuscitation and Cardiopulmonary Resuscitation and Emergency Cardiac Care Emergency Cardiac Care n EARS rARnr GOLDEN has successfully completed the national cognitive and skills has successfully completed the national cognitive and skills examinations in accordance with the Standards of the examinations in accordance with the Standards of the American Heart Association for American Heart Association for BCLS LEVEL B BCLS LEVEL B oa13/90 �/ql — 713 41 Date of Expirat on Data of Issue Date of Expiration • American Heart Association j • American Heart Association y Cardiopulmonary Resuscitation and Cardiopulmonary Resuscitation and. i y 60 Emergency Cardiac Care Emergency Cardiac Care DORIS BERRY BLANCHE'BERENSON y has successfully completed the'national cognitive and skills has successfully completed the national cognitive and skills examinations in accordance with the Standards of the examinations in accordance with the Standards of the. American Heart Association for American Heart Association for. BCLS LEVEL B BCLS LEVEL B 3�9 0 713191 Date of 3 ue9 0 1 3/9 1 Date of Expiration Date of Issue Date of Expiration p t • American Heart Association American Heart Association • Cardiopulmonary Resuscitation and Cardiopulmonary Resuscitation and Emergency Cardiac Care Emergency Cardiac Care DANIEL CLARK ' RTDNE-v RERENSON has successfully completed the national cognitive and skills has successfully completed the national cognitive and skills examinations in accordance with the Standards of the examinations in accordance with the Standards { American Heart Association for American Heart Association for of the �, BCLS LEVEL B BCLS LEVEL B / 0 9n Date of Issue 7/ / Date of Issue 7/ / Date of Expiration Date of iration Exp t•- ant p .��b��s ��,� • American Heart Association • American Heart Association ' Cardiopulmonary Resuscitation and Cardiopulmonary Resuscitation and Emergency Cardiac Care Emergency Cardiac Care 'ERIC HOFFMAN HARRY SCHERMER has successfully,completed the national cognitive and skills has successfully completed the national cognitive and skills examinations in accordance with the Standards of the examinations in accordance with the Standards of the American Heart Association for American Heart Association for BCLS LEVEL B BCLS LEVEL B 7/3/90 7 TS 91 7/1/90 7./1/91 Date of Issue Date of Expiration Date of Issue Date of Expiration • American Heart Association • American Heart Association Cardiopulmonary.Resuscitation and Cardiopulmonary Resuscitation and Emergency Cardiac Care Emergency Cardiac Care BERNICE HOFFMAN DTANF. SC HF.RTT.FR has successfully completed the national cognitive and skills has successfully completed the national cognitive and skills examinations in accordance with the Standards of the examinations in accordance with the Standards of the American Heart Association for American Heart Association for RC_j.S T.RVFT. R BCLS LEVEL B 7/3/30 7/3/91 7/3/90 7/3/91 Date sue Date of Expiration Date of Issue Date of Expiration • • American Heart Association American Heart Association Cardiopulmonary Resuscitation and Cardiopulmonary Resuscitation and Emergency Cardiac Care r Emergency Cardiac Care MARILYN BUTTERFIELD MORRIS FRANK has successfully completed the national cognitive and skills has successfully completed the national cognitive and skills examinations in accordance with the Standards of the examinations in accordance with the Standards of the American Heart.Association for American Heart Association for BCLS LEVEL B BCLS LEVEL B 713190 713191 7/3/90 7/3/9 1 Date of Issue Date of Expiration Date of Issue Date of Expiration 7 • American Heart Association • American Heart Association Cardiopulmonary Resuscitation and Cardiopulmonary Resuscitation and Emergency Cardiac Care Emergency Cardiac Care KENNETH- BUTTERFIELD MAX SCHERTZER has successfully completed the national cognitive and skills has successfully completed the national cognitive and skills examinations in accordance with the Standards of the examinations in accordance with the Standards of the American Heart Association for American Heart Association for F.RCLS T, VF.L R BCLS LEVEL B 7/3/90 7/3/91 7/3/90 7/3/9 1 Date of Issue Date of Expiration Date of Issue Date of Expiration PINEBROOK CONDOMINIUM TRUST COMMUNITY BUILDING - TOWN HOUSE TERRACE HYANNIS, MASS. 02601 PUBLIC HEALTH. PERMISSION TO WAVE THE RULING TO EMPLOY A LIFE GUARD-AND USE A CERTIFIED SWIMMER INSTEAD THERE MUST BE FEWER THAN 19 SWIMMERS OR PEOPLE IN POOL AT ONE TIME VICE CHAIRMAN AARON KATZ k �PyOFTNEt TOWN OF BARNSTABLE OFFICE OF BeaasTe� � > MASL BOARD OF HEALTH pp 1639. 0Jul k- 367 MAIN STREET HYANNIS, MASS. 02601 June 21, 1988 Mr. Ernest R. Torella, Trustee Pinebrook Condominium Town House Terrace Hyannis, Ma 02601 Re: Your outside swimming pool - Old Bather Load capacity - 47 Modified Bather Load Capacity - 19 Dear Mr. Torella: We will allow you to set a maximum capacity of 19 persons at your swimming pool located at Town House Terrace, Hyannis, Ma. This includes persons in your pool and includes all other persons within your pool enclosure. The following conditions must be complied with: (1) The pool must be supervised by a swimmer, eighteen (18) years of age, or older, qualified by you at pool site at all times the pool is open. We wish to make it clear that this swimmer must be at the pool and cannot be observing from the desk. If your swimmer is temporarily assigned duties at the front desk, another swimmer must be provided physically present at the pool.. This swimmer, must be familiar with lifesaving equipment and knowledgeable in first aid procedures including resuscitation. (Minimum swimmer qualification requirements are enclosed). (2) You must keep a permanent record on a form prescribed by the Board of Health listing each swimmer supervising the pool when it is in use. (Sample of prescribed form is enclosed.) (3) We must have a copy of your insurance policy naming the Town as coinsured in.the amount of $1,000,000. (4) All other regulations contained In 310 CMR 12.00, Minimum Standards for Swimming Pools, must be strictly complied with. (5) In the event your pool is used by persons other than registered motel guests, or persons charged a fee, it is your responsibility to provide a lifeguard with a current Red Cross Senior Life Saver's Certification or a National Y.M.C.A. Senior Life Saver's Certificate. (6) The swimming pool water must be tested for coliform bacteria at least monthly by a certified laboratory. Mr. Ernest R. Torella, Trustee Re: Pinebrook Condominium June 21, 1988 You are granted this modification of your present pool capacity of 47 persons because you have stated your pool is used by less than 19 persons at all times. Please be advised that if you exceed this capacity of 19 persons, your modification will be invalid and you will revert to your measured bather load capacity of 47 persons. A certified lifeguard will then be required. The Board also reserves the right to require a certified lifeguard if violations of 310 CMR 12.00, Minimum Standards for Swimming Pools, are observed: This modification expires December 31, 1988. Very tru y yours, Pver . M. Farrish, M.D. Chairman BOARD OF HEALTH TOWN OF BARNSTABLE GF/bs Enclosure PINEBROOK CONDOMINIUM TRUST COMMUNITY BUILDING - TOWN HOUSE TERRACE HYANNIS, MASS. 02601 June 21 , 1988 Town of Barnstable Board of Health Hyannis, Massachusetts Dear Sir or Madam: Reference is made to the Swimming Pool of the Pinebrook Condominium Trust, West' Main Street and Pitcher's Way, Hyannis. The Board of Trustees of the Pinebrook Condominium Trust herewith submit a request' for a variance from Regulation 435.23 (1 ) of 105 CMR 435.000 Minimum Standards for Swimming Pools, which requires that a swimming pool with a capacity of over 19 persons have a lifeguard on duty. We intend to limit our capacity to a maximum of 19 persons and to have one of our qualified swimmers- at pool site at all times that the pool is open. Appropriate signs to this effect are posted. Attached is a copy of a Certificate of Insurance showing proof of our Multi=Peril Insurance Coverage and naming the Town of Barnstable as an additional insured party.. Very truly yours, Board =f Truste Ernest R. Torella, Trustee LOW & WELLER, INC "Fiddler's Green Plaza" 714 Main Street, P.O. Box 119 Yarmouth Port, Massachusetts 02675 362-6868 362-8131 Registered: George Low, Jr., R.L.S. Land Surveyors A. Paul Simard, P.E. Professional Engineers William G. Weller, Consultant September 14, 1987 TOWN OF BARNSTABLE Board of Health John Kelley - Agent Barnstable, MA 02630 RE: Sterling Ridge Condominiums West Main Street Centerville, MA Dear Mr. Kelley: Please be advised that we have supervised and inspected the installation and construction of the new sewage system for the above referenced location. We find that the system has been installed and completed in accordance with the approved plan. If you have any questions, please do not hesitate to contact us. - Veryl r truly yours, y� @: 0F iA. PAUL o !SIMARD f iv 7 A. Paul Simar, IS ®ck, APS:kew Mr. George Angstreich Pinebrook Condominium June 17, 1987 Page 2 be invalid and you will revert to your measured bather load capacity of 47 persons. A . certified lifeguard will then be required. The Board also reserves the right to require a certified; lifeguard if violations of-310 CMR 12.00, Minimum Standards for Swimming Pools, are observed. This modification expires December 31, 1987. Very truly yours, Ann Yanle,Eshbaugh rover C.M. Farish, M.D. BOARD OF HEALTH TOWN OF BARNSTABLE JMK/bs encl.- 2 PINEBROOK CONDOMINIUM TRUST COMMUNITY BUILDING - TOWN HOUSE TERRACE HYANNIS, MASS. 02601 Town of Barnstable Board of Health 367 Main Street Hyannis, MA 02601 Re: Swimming Pool, Pinebrook Condominium, Request for Variance Dear Sir: The Board of Trustees of the Pinebrook Condominium Trust hereby submit our request for a variance from Regulation 16.04 of 310 CMR 16.00 Minimum Standards for Swimming Pools which requires a swimming pool with a capacity of over 20 persons to have a lifeguard on duty. During the past year, the owners of the. Condominium. did comply in accordance with your. regulations whereas a swimmer was present during bathing hours. Mr. Jacobi from your office was here on Monday, to conduct swimming tests for our qualified swimmers who will supervise the pool. and keep a daily attendance record. Enclosed is our insurance. policy which is required for this variance showing proof of liability and naming the.Town as an insured in the sum of $1,000,000 (one million .dollars).• Very truly yours, BOARD OF TRUSTEES 'D—oiqth L nto, Secretary 1'f.� - Health Dept n Town 0 �� 1 5 1987 j LOW & WELLER, INC. "Fiddler's Green Plaza" 714 Main Street, P.O. Box 119 Yarmouth Port, Massachusetts 02675 362-6868 362-8131 Registered: George Low, Jr., R.L.S. Land Surveyors A. Paul Simard, P.E. Professional Engineers William G. Weller, Consultant . December 23 , 1986 BOARD OF HEALTH Town of Barnstable Town Hall Hyannis , MA 02601 RE : Sandpiper Homes Inc . 944 Main Street Centerville , MA Dear Board Members : In reviewing the Maps relative to the Zones of Contribution and any body of water in proximity to the subject project . It appears that the intrusion of ground water discharge -that would be introduced could not flow in any direction other than on a parallel course of the ground water flume and its direction of flow. To reiterate , it is my professional opinion. that ';no•=.con- tamination nor mixing of- the ground water and t'he- discharge pro- posed by the project would ever be on the same cou-rse , therefore the project would have no detrimental effect on the. . public health and the environment . This letter supercedes any previous letter da ` Decem- ber 23 , 1986 and a copy is enclosed for clarif1 Very g YPAiou o SIMARD 00 to P Footnotes Maps FSS�ONAL E ' REF : Town of Barnstable Town o rnstable Groundwater Submodel Public supply well prepare by SEA Cons . , Inc . Zones of Contribution APS : dIw prepare by SEA Cons . Inc . cc enc . LOW & WELLER, INC. "Fiddler's Green Plata" 714 Main Street, P.O. Box 119 Yarmouth Pbrt, Massachusetts 02675 362-68U 362-8131 Registered: George Low, Jr., R.L.S. Land Surveyors A. Paul Simard, P.E. Professional Engineers William G. Weller, Consultant December 23 , 1986 BOARD OF HEALTH Town of Barnstable Town Hall Hyannis , MA 02601 RE : Sandpiper Homes Inc . 944 Main Street Centerville , MA Dear Board Members : In reviewing the Maps relative to the Zones of Contribution and any body of water in proximity to the subject project . It appears that the intrusion of ground water discharge that would be introduced could not flow in any direction other than on a parallel course of the ground water flume and its direction of flow. To reiterate , it is my professional opinion that no,- con- tamination nor mixing of the ground water and the discharge pro- posed by the project would ever be on the same course , therefore the project would have no detrimental effect on the . public health and the environment . This letter supercedes any previous letter da Decem- ber 23 , 1986 and a copy is. enclosed for clarifi Very y ou P i o SIMARD '�+ Y ao v P o�FC�R Footnotes Maps SS�ONAL REF : Town of Barnstable Town o rnstable Groundwater Submodel Public supply well prepare by SEA Cons . , Inc . Zones of Contribution APS : dIw prepare by SEA Cons . Inc . cc enc . LOW & WELLER, INC "Fiddler's Green Plata" 714 Main Street, P.Ot Box 119 Yarmouth Pbrt, Massachusetts 02675 362-6868 362-8131 Registered: George Low, Jr., R.L.S. Land Surveyors A. Paul Simard, P.E. Professional Engineers William G. Weller, Consultant December 23 , 1986 BOARD OF HEALTH Town of Barnstable Town Hall Hyannis , MA 02601 RE : Sandpiper Homes Inc . 944 Main Street Centerville , MA Dear Board Members : In reviewing the Maps relative to the Zones of Contribution and any body of water in proximity to the subject project . It appears that the intrusion of ground water discharge that would be introduced could not flow in any direction other than on a parallel course of the ground water flume and its direction of flow. To reiterate , it is my professional opinion that no,= con- tamination nor mixing of the ground water and the discharge pro- posed by the project would ever be on the same course , therefore the project would have no detrimental effect on the . public health and the environment . This letter supercedes any previous letter da Decem- ber 23 , 1986 and a copy is enclosed for clarif ' Very g YPASWU o SIMARD Y oo y Footnotes Maps �SSIONAL E ' REF : Town of Barnstable Town o rnstable Groundwater Submodel Public supply well prepare by SEA Cons . , Inc . Zones of Contribution APS : dIw prepare by SEA Cons . Inc . cc enc . LOW & WELLER, INC "Fiddler's Green Plaza" 714 Main Street, P.al Box 119 Yarmouth Port, Massachusetts 02675 362-6868 362-8131 Registered: George Low, Jr., R.L.S. Land Surveyors A. Paul Simard, P.E. Professional Engineers William G. Weller, Consultant December 23 , 1986' BOARD OF HEALTH Town of Barnstable Town Hall Hyannis , MA 02601 RE : Sandpiper Homes Inc . 944 Main Street Centerville , MA Dear Board Members : In reviewing the Maps relative to the Zones of Contribution and any body of water in proximity to the subject project . It appears that the intrusion of ground water discharge that would be introduced could not flow in any direction other than on a parallel course of the ground water flume and its direction of flow. To reiterate , it is my professional opinion that ' no-= con- tamination nor mixing of the ground water and the discharge pro- posed by the project would ever be on the same course , therefore the project would have no detrimental effect on the public health and the environment . This letter supercedes any previous letter da Decem- ber 23 , 1986 and a copy is, enclosed for clarifi Very YPAii�u y, o, SIMARD —+ Y oo H P Footnotes Maps SS�ONAL ECG REF : Town of Barnstable Town o rnstable Groundwater Submodel Public supply well prepare by SEA Cons . , Inc . Zones of Contribution APS :d1w prepare by SEA Cons . Inc . cc enc . LOW & WELLER, INC. "Fiddler's Green Plaza" 714 Main Street, POt Box 119 Yarmouth Pbrt, Massachusetts 02675 362-6868 362-8131 Registered: George Low, Jr., R.L.S. Land Surveyors A. Paul Simard, P.E. Professional Engineers William G. Weller, Consultant December 23 , 1986' BOARD OF HEALTH Town of , Barnstable Town Hall Hyannis , MA 02601 RE : Sandpiper Homes Inc . 944 Main Street Centerville , MA Dear Board Members : In reviewing the Maps relative to the Zones of Contribution and any body of water in proximity to the subject project . It appears that the intrusion of ground water discharge that would be introduced could not flow in any direction other than on a parallel course of the ground water flume and its direction of flow. To reiterate , it is my professional opinion that 'no-= con- tamination nor mixing of the ground water and the discharge pro- posed by the project would ever be on the same course , therefore the project would have no detrimental effect on the . public health and the environment . This letter supercedes any previous letter da Decem- ber 23 , 1986 and a copy is enclosed for clarif ' Very yPA8.0U o UL SIMARD '�+ Y oo H P o�. L Footnotes Maps FSS�_NAL E ' REF : Town of Barnstable Town o rnstable Groundwater Submodel Public supply well prepare by SEA Cons . , Inc . Zones of Contribution APS : dIw prepare by SEA Cons . Inc . cc enc . LOW & WELLER, INC "Fiddler's Green Plata" 714 Main Street, Pot Box 119 Yarmouth Pbrt, Massachusetts 02675 362-6868 362-8131 Registered: George Low, Jr., R.L.S. Land Surveyors A. Paul Simard, P.E. Professional Engineers William G. Weller, Consultant December 23 , 1986' BOARD OF HEALTH Town of Barnstable Town Hall Hyannis , MA 02601 RE : Sandpiper Homes Inc . 944 Main Street Centerville , MA Dear Board Members : In reviewing the Maps relative to the Zones of Contribution and any body of water in proximity to the subject project . It appears that the intrusion of ground water discharge that would be introduced could not flow in any direction other than on a parallel course of the ground water flume and its direction of flow. To reiterate , it is my professional opinion that no=.con- tamination nor mixing of the ground water and the discharge pro- posed by the project would ever be on the same course , therefore the project would have no detrimental effect on the . public health and the environment. This letter supercedes any previous letter da Decem- ber 23 , 1986 and a copy is enclosed for clarifi Very g yPAuiu o SIMARD l>0 of P Footnotes Maps FSStoNAL E ' REF : Town of Barnstable Town o rnstable Groundwater Submodel Public supply well prepare by SEA Cons . , Inc . Zones of Contribution APS :dIw prepare by SEA Cons . Inc . cc enc . LOW & WELLER, INC. "Fiddler's Green Plaza" 774 Main Street, P.O. Box 119 Yarmouth Pbrt, Massachusetts 02675 362-6868 362-8131 Registered: George Low, Jr., R.L.S. Land Surveyors A. Paul Simard, P.E. Professional Engineers William G..Weller, Consultant December 23, 1986 BOARD OF HEALTH Town of Barnstable Town Hall Hyannis, MA 02601 RE: Sandpiper Homes Inc. 944 Main Street Centerville, MA Dear Board Members: In reviewing the Maps relative to the Zones of Contribution and any body of water in proximity to the subject project. It appears that the intrusion of ground water discharge that would be introduced could not flow in any direction other than on a parallel course of the ground water flume and its direction of flow. To reiterate, it is my professional opinion that no contamination nor mixing of the ground water and the discharge proposed by the project would ever be on the same course, therefore not a detriment to the natrual supply. ` OFF Very truly yours, A. C AUL MA .o V1L �fGISTF.�`�® A. Paul Simard, P.E. �FSSiO;tAll Footnotes Maps t REF: Town of Barnstable Town of Barnstable Groundwater Submodel Public supply well prepared by SEA Consultants, Inc. Zones of Contribution prepared by SEA Consultants, Inc. APS:kew t q TOWN OF BARNSTA/BLE LOCATION l — C ` �l°5� )T" SEWAGE VILLAGE ��n // P ASSESSOR'S MAP & LOT INSTALLER'S NAME & PHONE NO. Ja11ff 314Y— SEPTIC TANK CAPACITY a000 Q� `RJR ©r LEACHING FACILITY:(type) /L / ! S (size) /0,00 0*7/ ENO. OF BEDROOMS PRIVATE WELL OR PUBLIC WATER U BUILDER OR OWNER �� DATE PERMIT ISSUED: DATE .COMPLIANCE ISSUED: cJ U/Ze . ! fW 7 VARIANCE GRANTED: Yes No 4� �` 15 Q� iVa rd s« TOWN OF BAR14STABLE Ew LOCATION. t E ��.. h(y P ASSESSOR'S MAP Ck LOT VILLAG 6.; r, INSTALLERS NAME & PH ONE NO. �lr 4s SEPTIC TANK CAPACITY �0 Q 1 �LEACHIN(3 PACiLITY:(type) r O. OF BEDROOPRIVATE WELL OR PUBLIC WATBR v p BUILDER OROWNER A/ DATE PEAMIt ISSUED: l �7 DATE •COZiPLIANCE ISSUED• VARIANCE GRANTED: Yes No Ao 491 PO A, . 74 . �OQ 3 > �4 Nv .. TOWN OF BARNSTABLI; LOCATION o� - W(0 S T M Rrrn SEWAGE # V "1 J y VILLAGE � 'dIT°�rtJt �l�' ASSESSOR'S MAC' Q LOT 4 'INSTALLER'S NAME & PHONE NO. you t�R i'`�S 37! 1` � ems- •.. SEPTIC TANK CAPACITY t LE•ACHING FACILITYAtype) a C P loot) w t+ iLDSiZ4) :`bNO. OF BEDROOMS S. PRIVATE WELL OR PUBLIC WATER R) f�C BUILDER OR OWNER. DATE PERMIT ISSUED: DATE . COZIPLIANCE^ISSUED: a 0 VARIANCE GRANTED: Yes No ao� uo e � 1 No. F$s_�S_vd THE..COMMONWEALTH OF MASSACHUSETTS : BOARD OF HEALTH .........................-.-.-----------...OF.......................................................................................... Apphrtttiun for Dispustt1 Murky nstrnrtion Prrm t Application is hereby made for a Permit to Construct ( or Repair ( ) an Individual Sewage Disposal Systemat ......_...._....f. _ »_ .. .._. ...... ..... .. ��.�. Location•Addr ss Lot No. n� Add�C j Installer vN!;�• 5- — Address Type of Building .7 Size Lot............................Sq. feet aDwelling No. of Bedrooms._...... ._.. . _......._..Expansion Attic ) Garbage Grinder ( )N Other—Type of Building ..:'.........................eNo of perso ............................ Showers ( ) — Cafeteria ( ) 04 'Other fixtures ............ •-=•.....:.....:........................_._.._----•-= --• - --------••____.._...___-- WW Design Flow.................. ......z...... _.gallons per person per day. Total daily flow........... ..................gallons. Septic Tank Liquid capacit36 .o.�W — P . ga gt 4 lions Len h 1�..'.'4. Wtdth..�_..�.. Diameter................ Depth...�-�.......... x Disposal Trench—No______________________ Width.................... Total Length.................... Total leaching area...................sq..ft. 3 : Seepage Pit No........2-......Diameter....,/._2r..... Depth below inlet__.... .._._. Total leaching area_YSK...sq-ft— Z Other Distribution box (�' Dosing to ( ) P•.a, Percolation Test Results Performed by _ .-_ft_. E�t'ilJ Z a � --------------- --••-• -J.•••-------••-.. Date_.. - •----•- --•- ,,a Test Pit No. L�Z-_minutes per inch, Depth of Test Pit......l.d .. Depth to gro d w __.QAAA"'. 444 Test Pit No. 2.:� _minutes per inch Depth of Test Pit_____f.Y Depth to ground water.....I✓.�? ^ :..... -._....:-.�:-__-- O Description of Soil.. - . ^ - � --------•----- --•---------------------------•-•----- .�J ............ •...... .......................... Q -7 .. .......... .. . ............ •-••-•--•- --------••-•---•-•---•--••---------•-- ------------ ------------------------- U Nature 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 TITLE 5 of the State Sanitary Code—The undersigned further agrees not to place the system in operAtion u ` a tificate'of Compliance h e s y 40 board of health. " Signed ------=-•---.......- - - -- --------O....,�'..........----...........---• --��=�� - ... e '. f'ck D I _`t�/�'f✓.t'swu/rc'?':�'� tvlllST Sl1' EHbate Application Approved By a.��.:....:_..... ......:.......: �r t��•�nrt MTt€ ' ... .... .............» ___-. ... i r.LLA41QN i ARM CERTI Application Disapproved for t e following reasons_...............__ a'=.. X1 Till.lNAS,INSTALL.ED IN ST.+��T ..._... r)gn4R1GF TO PI-AN. ..-•-••••-•--••-•••-•••••••••••-•---•••-•••••----------•--•-••••••-l-�•---�: --...._...•---•-•••••••••--....-•................•---•••--•-•--•••-•••---••---_...._______........_..» . -...����/ .........._.... Issued.. — d Date Permit No...._r�'.: .. ---- •....................--------- Date �e) No. THE COMMONWEALTH OF MASS.. BOARD OF HEAL ...........................................OF.......................................................................................... Appliration for Disposal Workstonstrurtion rtruat Application is hereby made for a Permit to Construct Vj or Repair an Individual Sewage Disposal System-at: ............. Location Address Lot No; Address ................... ..... ................................. ............................................i� ..............................t............... _J/?, Installer/ Address U� Tyrre of Building Size Lot......... ----*----------Sq. feet 'Dwelling—No. of Bedrooms....zip....../if ..........Expansion Attic Garbage Grinder Other=Type of Building ............................ No. of persons______._________________.___ Showers Cafeteria 04 Other fixtures ............................................................................................................*-----------------------------------------Design Flow...................!r.:!E ..... ..........gallons per person per day. Total daily flow........... ------------------gallons. Septic Tank—Liquid capacity Angallons Length__//..'�.-Q*Width..6_'-K-.`Diameter................ Depth..-`____:__..-_ Disposal Trench—No..................... Width................... Total Length_......_............ Total leaching area....................sq. ft. Seepage Pit No........"Zr: Diameter....../.. ..... Depth below inlet......K�............ Total leaching area.ZIS6....sqrft:-- Z Other Distribution box ,( Dosing tank 1_4 ad by�---- ............. Percolation Test Results Performed ......................... Date.- ....... Test Pit No. 1_:i!5:171".minutes per inch Depth of Test Pit....../J�./.. Depth to groun-ld'. wa-Ceer...... .................. Test Pit No. 2_::fE1..minutes per inch Depth of Test Pit____- --- Depth to ground water...... ............. 04 1A 0 Description of Soil.._.'_ ..................................................................... ............ -------------*--------"------------ -----------------7....-------:;;�7-----------e........-----------**"'*------------ ---------------------- . ..............................................................................d...................................................................................................................... U Nature of Repairs or Alterations—Answer when applicable............................................................................................... ........................................................................................................................................................................................................ Agreement-: I I . . 1.' I . The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of T I T 11' 5 of the State Sanitary Code—The undersigned further agrees not to place the system in opqgion until a ertificate of Compliance has been,iKi -ed,by the board of health. .............. ...Signed7-------- ................ Application Approved By....... . .......................\ MUST Slwlipv'-��V'SL .................................... STALLATiON AND CERTIFY "54ir"'"; '.Application Disapproved for Z following reasons:-,;............. i I.ED IN STRICT ..............�" ---Ah1(-F= TO PLAN. ....................................................................................................................................................................................................... �7� Date Permit No..... ......... Issued....-- Daft - --————— THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH r S ...........71.........................OF..... ....................................... ........ ..... Tatif irate of Gampliana THIS IS TO C§RTIFY' That the Individual Sewage Disposal System constructed or Repaired by...........=................ /< ................................................................................................................................. lnstaller ...........at................................................ ............................................................................................................................... has been installed in accordance with the provisions of TIT 5 of The State Sanitary Code as described in the application for Disposal Works Construction Permit No...Y�.................................... dated_..... .............. THE ISSUANCE OF,THIS CERTIFICATE SHALL NOT BE CONSTRUED AS A GUARANTEE THAT THE SYSTEM WILL FUNCTION SATISFACTORY. DATE.............. Inspector.......... .....-...................................... ................................;.................... ----------------------------------------------------------------- THE COMMONWEALTH OF MASSACHUSETTS . BOARD OARD OF HEALTH -SiGNINGENG1,NtE'R- MUSE vk 1 13TALLATiON AND CE4TIFY,04 WRITI iN c . ................. OF............5 .. . .... %'C.Tr- INSTALLED IN STF ..... . ...%V No.. ................ ;CORDANCE TO PLAN_F=........................ GT Disposal Works Tonstrudiatt Virutit � Permission is hereby granted..................4...........('AC................................F......................................................................... to Construct (X) or Repair an Individual Sewage Disposal System 17::�'7 AW) atNo._.................... ..........................................fz�......................................................................................... Street 7V:;_ . " �U-4�1 as shown on the application for Disposal Works Construction Permit No..... .... Dated.._./.—... ..:...'.......................... Board of Health DATE....... ........ ................................................ d No.»9.3 ...........33/ FEZ_....._ �� z . THE COMMONWEALTH OF MASSACHUSETTS BOARD OF 'HEALTH .....oF.........:..... Ste' Appliration for Disposal Works ontrudion Permit . Application is hereby made for a Permit to Constru t ( or Repair ( ) an Individual' Sewage Disposal s • __ yXoca ........._..�.. _... ..:...............•----C ---•---... ��.��-.. tion-Address or I.o 0 •-•...k���d. � t .�� �....... .1.........__.. '.�.1... ....................... .... � .... .. . .... ner• •Address a •-•.��...4 ........ . ° .�'------------------- ........•-..................................----.........--�=�.... •. Installer Address Type of Building UN.,TS Size Lot.....................-......Sq. feet 0.4 Dwelling—No. of Bedrooms...:..................................Expansion Attic ( ) Garbage Grinder ( ) p-4 Other—Type of Building ..........:................. No. of persons............................. Showers ( ) = Cafeteria ( ) 04 Other fixtures d ----------------- ------------------ ........ -:-.---...... ......... ----------.•........ ••-- WWDesign Flow..........:...5_ ....................gallons per person per dary. Total daily flow..............1 ....:...........dons. WSeptic Tank—Liquid'capacityZ� //gallons Length .'o 6: _.. Width.. .'�... Diameter:............... Depth.- --._?--__ x Disposal Trench—No:.................... Width....---.r----------Total Length.................... Total leaching area...................sq. ft. 3. Seepage Pit No....... ......... Diameter...... Depth below inlet......�P........ Total leaching area.!•.:...... -f� Z Other Distribution box Dosing tank ( ) •�•� Percolation Test Results Performed b :Z! ". ...... Date.. Test Pit No. 1 r Zminutes per inch Depth of Test Pit../�'�__�:�.... Depth to groun water.... ' LL, Test Pit No. 2.!S... _.minutes per inch Depth of Test Pit...l..�......... Depth to ground water.....?., � r c.�1`Z :�-� ............................................ . ..-- - -- -. O Description of Soil.......... -- x � W - ? �.. n�rw l.EEJR RT SUPERVIS ---------- U Nature of Repairs or Alterations—Answer when applicable.............t a Ta4R�ATIQN ANIa.�CERTIFY_IW .JRITIPr. i_= SYSTEM WA$ INSTALLED IN STR:C --•....................................................................................••---..................... ._.._...... Agreement: TO FLAN The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with . the provisions of T I.m I.s 5 of the State Saa�' ode—The undersigned further agrees not to place the system in peratio til a Certi of Compliance.has beenissutd,bb the board of health. Signed... ....... ....... . ---••---. .........................--•----- =leZ'37a......... App IationAr B z _ Da te = ................ ... ............._ .. Date Application Disapproved for the following reasons:...............•------......-----=--.....--------•------•-•---•----•------•-•------............--•........�. ....................•--...............----.....------....--•-•----..........----.._..--•---•---•----•--....... ........._...................._. ......-•-•-- Date Permit No... - /3_ ...r----------------------- Issued.-•- Date i LOW & WELLER, INC "Fiddler's Green Plaza" 714 Main Street, P.O. Box 119 Yarmouth Pbrt, Massachusetts 02675 362-6868 362-8131 Registered: George Low, Jr., R.L.S. Land Surveyors A. Paul Simard, P.E. Professional Engineers William G. Weller, Consultant September 14, 1987 TOWN OF BARNSTABLE Board of Health John Kelley - Agent Barnstable, MA 02630 RE: Sterling Ridge Condominiums West Main Street Centerville, MA Dear Mr. Kelley: Please be advised that we have supervised and inspected the installation and construction of the new sewage system for the above referenced location. We find that the system has been installed and completed in accordance with the approved plan. If you have any questions, please do not hesitate to contact us. Very truly yours, e p i� t11 OF ryA�s�C' A4. �A. PAUL J ;SIMARD IV vim, A. Paul Simar. /STERG:�,� APS:kew �' THE COMMONWEALTH OF MASSACHUSETTS „ ..� BOARD OF HEALTH ........OF.............`�h?�' ..S:T. i ,'.......................... Appliration for Disposal Works Tonotrurtion Prr�mit Application is hereby made for a Permit to Construct (k� or Repair ( ) an Individual Sewage Disposal k, ' System at: '/r Location-Address �` •or Lot:No-� {(�`'`�^�� / 7 Owner - - '•'-' -Address '- w a Installer Address Type of/Building 6,1Ni7`5 Size Lot...........................Sq. feet aDwelling—No. of Bedrooms.........c.............................Expansion Attic ( ) Garbage Grinder ( ) 044 Other—Type of Building ............................ No. of persons............................ Showers ( ) — Cafeteria ( ) dOther fixtures ------------------------------------------•--•-----•...................-•---------------.............---........---........ .............. WW Design Flow..............S�.S......._..._...-----gallons per person per day. Total daily flow.............. .............gallons. WSeptic Tank—Liquid capacity' ?>"gallons Length! �:. .`Width..�.�- _`' Diameter................. Depth..:y.�?..� x Disposal Trench—No..................... Width:::................. Total Length.....................Total leaching area...................sq. ft. 3 Seepage Pit No.......2 .......... Diameter...... ..... Depth below inlet------_��__........ Total leaching area./3:5(--.sq: ft: Z Other Distribution box Dosing tank7' Percolation Test Results Performed by.. Date_. �!!�! Test Pit No. 1 r:i!5�_��_..minutes per inch Depth of Test Depth to ground7wate...... !. ? fit Test Pit No. 2.:!E..2 ..minutes per inch Depth of Test Pit.-/.:Z..... Depth to ground water........ � a ............................................................ .--•---•-•-----•--•---•--•---•-................----...._. O Description of Soil..........>;�. ..... � fir'`'•-� ��'�� -•.............................••---.. .......-......•------•----_-..•• .............................................. _--......... ... -... - ...... W �• � r� L GI� �L'�C'1 �y W 71Y':1 �•IY�1T- ----. ---.._ _.....___v..................................•.-•----•••-•-.`...........__ v7�1•S•t-R ...��..........._.........x ^�H� t_i1Y li Jti�1 .l3f�fv.._ U Nature of Repairs or Alterations—Answer when applicable............... :. /.. �_ T 1.1 FA.IN,_STR.�t .....................•---.....................------.................--•---------................-•-•---------•-......_...... ................. Agreement: - E The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of TITIL '5 of the State Sanitar-y_C_ode—.The undersigned further agrees not to place the system in operation it a,Certi cage of Complianc he as been iued by,the board. of health. - . JJ , G Signed.. -s '` `"' -/2.- .. _. ( 7 : o� C� / .•Date? AppI'ication,APP�, B}.............. . ............... ............••----........:.......--•-•-•----............ ............... ...Date . ... ..... :.. �. Date ;App ication Disapproved for the follounng reasons:..:.....:...:..:.......'................._....................._..._y...._•--:.--......_....... Daft Permit No...-.72 --•1 .�J 1 . .. Issued.................... ...........-----.....---._.--.. THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH ............ .........................OF............ ............................................. fir`rtif utttr of TurA rhttnrr THIS IS TO CERTIFY; That the Individual Sewage Disposal System constructed ( ) or Repaired ( ) by............................... .11 G ��.......................---------------•^----Installer.-----.............................------•--.............................. ..... ..•.. `� ... - -T `.... -...... has been installed in accordance with the provisions of TITLE 5 of The State Sanitary Code.as describe i the :application for Disposal Works Construction Permit No.. .. ...../.------3._ dated.... / 2 -�'- 6. ............... -••.................. THE OSSUANCE OF THIS CERTIFICATE SHALL NOT BE CONSTRUED AS A GUARANTEE THAT THE SYSTEM WILL FUNCTION SATISFACTORY. DATE.................... Inspetor_ . ...................................................... ------ -------------------------------------------------------- Q— THE COMMONWEALTH OF MASSACHUSETTS = BOARD OF HEALTHILLATio N AND ��' r4; 1 _ ��u <<. cr >r�/� %�-- SYSTEri/1 W CERT1 RJ WRITIrr _ f .........OF............... =........... a?�..lA18TALL No.........�:.`:......... :j:D)A tC TO PLAN. '�'19.I.......jIC . Disposal Works Tonstrurtion Errant Permission is hereby granted..................e._. .......... ..................................' _,.......................................... ..... to Construct ) or Repair ( ) an Individual Sewage Disposal System atNo..............¢ f.. ...................: .Q t ' ...........1 t.-:`. .......... . -. ..'. ...... ... ....... . ...................................... 1 Street as shown on the application for Disposal Works Construction Permit No..................:.. Dated......... ................................. tic_-- -- Y � _ � Board of Ilcaltti DATE...... = ...... ...........................•••......------••••-- P�OFINBT TOWN OF BARNSTABLE OFFICE OF 's HesasTAsna :MAeI BOARD OF HEALTH p MAY w` 367 MAIN STREET HYANNIS, MASS. 02601 SUBJECT: Nitrogen Loading RE: Lot D5 & D6, Assessor's Map 249-55, West Main St. , Hyannis APPLICANT: Sandpiper Homes, 1 Jefferson Ave. W. Yarmouth, MA. 02673 CRITERIA: Lot Size: 47,661 Sq. Ft. = 1.09 Acres (1. 13 Acres per letter from Attorney Charles McLaughlin Jr. dated 9/20/86) Actual = 47,661 = 1.09 'acres 43,560 Ocupancy: Per developer = 27 persons Per L & W plans & Title V = 36 persons Nitrogen Loading: per Metcalf/Eddy - 208 Draft = 6.9 lb/person/year 6.9 lb/per/person/year (27) = 186.3 lb/person/year Recharge Dilution: (1,092 gal/day) (1.09 Acres) x 365 days x 3.8 liter/gal = 1650918.3 Lawn Area: Not applicable - No lawn fertilizer on wood chips Formula: Per Ddtaf.o.f. L &..'-W : (186.3) (454,000mg/lb) (1092 gal/day/acre) (1.09 acres) (365 day/year) 3.8 liter/gal. = 51.23 mg/liter Per Title V (180 lb/per/year) (454,000 mg/lb) (1092 gal/day/acre) (1.09 acres) 365 days 3.8 = 49.5 mg/liter Per Low and Weller: N(454,000mg/lb = (NO3=+N) recharge dilution N= 186.3 (454,000 mg/lb recharge Dilution = 84580200 mg/lb/ 10 (47661) 84580200 mg/lb 476,610 gal/s.f./yr. N = 8.8 mg/1 NITROGEN 1,00ING FOINULA I. Assumptions Nitrogen loading sewage . . . . . . . 5 lb/person/ ear lawn fertilizer 9 lb/5000 ft lawn/year Recharge dilution 40,000 ft2 lot @ 16"/year = 398,580 gal/year Occupancy 4 3 persons/unit j Lawn area 5000 ft2 lawn/lot II . Formula Nitrogen load (lb x 454,000 mg/lb = N% concentration in pp 1,092 gal/day/ 0,000 ftJ x 365 days x 3.8 liters/gal - Example Proposed development of 50 units on 25 acres of land including 2 acres of lawn area. _ Nitrogen load sewage: SO units x 3 persons/unit x S lb/person/year = 750 lb/year lawn area: 80,000 ft2 x 91b/S000 ft2 = 144 Total N load: 894 lb/year 11 ppm final nitrate 894 lb 'N/year x 4S4,000 mg/lb = concentration in (1092 gal/day/acre) (25 acres) (36S days) (3.8 liters/gal) groundwater ' NITROGEN LOADING FORMULA I. Assumptions Nitrogen loading sewage .S- lb/person/year lawn fertilizer• 9 lb/5000 ft lawn/year Recharge dilution 40,000 ft2 lot @ 16"/year = 398,580 gal/year Occupancy 3 persons/unit Lawn area 5000 ft2 lawn/lot II Formula Nitrogen load (-lbj x 454,000 mg/lb = N% concentration in pp 1,092 gal/day/ 0,000 ft7 x 365 days x 3.8 liters/gal - III. Example Proposed development of 50 units on 25 acres of land including 2 acres of lawn area. Nitrogen load sewage: S0 units x 3 persons/unit x 5 lb/person/year = 750 lb/year lawn area: - 80,000 ft.2 x 9lb/5000 ft2 = 144 Total N load: 894 lb/year ppm final nitrate 894 lb 'N/year x 454,000 mg/lb = concentration in (1092 gal/day/acre) (25 acres) (365 days) (3.8 liters/gal) groundwater c { November 26, 1986 All Cape Survey Consultants 172 East Falmouth Highway E..Falmouth, Ha 02536 Attention:. Christopher Costa Re: 9,Uhit Condominium, !'Jest Main Street, Centerville, Ida. Dear Mr. Costa: . 8Je are returning., your revised sewage design plan for Sand pipe e "domes. The plans have not been revised as requested in the lettea sent to Mr. McLaughlin dated September 4, 1986, with a copy to you, per paragraph 5.: "..... did not meet the requirements of Regulation 15.02 (5), of 105, 310 CHR 15.00 of the State Environmental Code. The . proposed pavement contours and the elevation of the existing paved drive are not.shown on the plan. The requirements of Regulation 15.03 (7) (4) of,Title 5, are also not clearly delineated on the plan. . Please forward copies of the plans to our office upon completion of the requested revisionsa Please call Nancy Lerner at 775-1120; Ext 182, if you have any,questions. Very truly yours, John U. Kelly Director of Public Health . JMK/bs cc: Sandpiper Homes Low & Weller M-r; flin Enc. CAPE COD PLANNING AND ECONOMIC DEVELOPMENT COMMISSION / 1 ST DISTRICT COURT HOUSE, BARNSTABLE, MASSACHUSETTS 02630 TELEPHONE: 617-362-251 1 November 10, 1986 Mr. John Kelly Board of Health Town Hall Hyannis, MA. 02601 Dear Mr. Kelly: At your request I have reviewed the nitrogen loading figures prepared by Low & Weller, Inc. for the Sandpiper Homes on Lots D5 and D6 in Centerville. They have not done the calculations correctly, greatly underestimating the nitrogen concentration to the lot. Following through their calculations it appears that the formula was being followed correctly up until step 3 . They have not converted from gallons to liters. 84580200 mg /lb =46.7 mg/l (476, 610 g/s. f./y) (3 .8 1/g) Step 4 is not correct and I can't imagine what , the engineer intended at this point. Using the figures from the blue prints of 18 bedrooms and 2 persons per bedroom, and a lot site of 1.13 acres from the letter dated August 20, I redid the calculations: 18 bedrooms x 2 persons/bedroom x 5 lbs/person/year = 180 lbs/year 180 lbs/year x 454, 000 mg/lb (1092 gal/day/acre) (1.13 acres) (365 days) (3 .8liters/gal) = 47 .7 mg/1 I have enclosed an additional nitrogen loading worksheet and explanation which you may wish to give to the engineers so that they can understand the problems with thier calculations. Sincerely yours, Gabrielle C. Belfit Hydrologist GCB:bc enc. y, CCPEDC N LOADING FORMULA AN EXPLANATION AND DESCRIPTION OF ITS APPLICATION The CCPEDC formula is a simple mass-balance model that calculates groundwater nitrate concentrations resulting from waste water discharged from septic tanks and nitrogen released from lawn fertilizers. The formula 'w-as originally developed in 1978 for the 208 Water Quality Management Plan for Cape Cod as a tool. to help guide levels of development within, zones of contribution (ZOC) to public supply wells. This earlier version estimated groundwater nitrate concentrations based solely on waste water discharge from septic tanks. A later mass-balance formula, developed in 1979, accounts for nitrates released from lawn fertilizers as an additional source. Results from this model represent average long-term groundwater nitrate concentrations under saturation housing density conditions. The term "average" implies that actual concentrations are above and below that concentration. The CCPEDC advocates a planning standard of 5 mg/l NO -N which is lower than the state and federal health standard 3 of 10 mg/l NO -N by an amount that theoretically assures that the health Standard will rarely be exceeded. The formula estimates the average nitrate concentration at a public supply well by calculating the mass of nitrate (volume x concentration) entering a zone of contribution from the various nitrate sources (septic effluent and lawn fertilizers) and dividing by the diluent, infiltrating precipitation. The formula can also be used to calculate a critical housing density in a zone of contribution by holding the nitrate concentration equal to the recommended nitrate planning standard (5 mg/1 NO3-N) and calculating the housing density required to stay below the standard. The formula and defined terms appear below: NO3-N (mg/1) = N (lbs) x 454 , 000 (mg/lb) (1) R (gal/yr) x 3 .8 (1/gal) Where: N = Total nitrogen load in pounds from both septic tank effluent and lawn fertilizer sources. 454 , 000 = Conversion factor to convert from milligrams to pounds. R = Precipitation that recharges the ground- water expressed in gallons per year per unit area. 3 .8 = Conversion factor to convert from j liters to gallons. r* A nitrogen load of 24 lbs/year per house exceeds the recommended maximum of 16 lbs calculated for a one acre lot. A larger lot size would provide the necessary dilution to remain below the planning standard. The appropriate house lot size for a 24 lb N load can be calculated from the following ratio: 16 lbs 2= 24 1 s (3) 40, 000 ft H ft Where: H = 60, 000 ft2 , the lot size necessary to dilute a nitrogen load of 24 lbs to the recommended maximum 16 lbs/40, 000 ft2 . From this analysis, overall housing densities would be limited to one house per 60, 000 square feet. However, after allowing for standard percentages of roads and open space associated with residential development, this overall density could be achieved by 40, 000 square foot lots. Such an average density within a zone of contribution would satisfy the planning standard of 5 mg/1 No -N and provide a margin of safety (the difference between 53and 10 mg/1) for conditions of drought and periods of peak nitrogen loads. It should be emphasized that the results from this simple mass-balance model only indicate recommended average housing densities for zones of contribution to public supply wells on Cape Cod where single family housing is assumed to be the only source of NO -N in the zone of contribution. The nitrogen loading formula is not intended to answer specific questions concerning the effect of individual developments within a ZOC. The mass-balance model is only a crude approximation of the actual nitrogen cycle. The model structure, input data and assumptions would have to be refined for it to provide answers to more detailed water quality questions. I i . I I " i � I 3 is I to Input values and assumptions contained in the formula are olisted in Table 1. Table 1. Summary of Input Values and Assumptions for Nitrogen Loading Formula Variable Name Value Used Reference Nitrogen Load(N) Septic Effluent 5 lbs/person/ ear (L. I . 206, 1978) Lawn Fertilizer 9 lbs/5200 ft /year Lawn Area 5000 ft lawn C/ to / CPEDC 1979 l r ) N- Fertilizer Rate 3 lbs N/ 1.000 ft lawn (L. I . 208, 1978) N- Fertilizer Leached 60% (L. I. 208, 1978) Recharge Dilution(R) 40, 000 ft2 lot 398,580 gal/yr (Wilson & Schreibner, 1979) @ 16"/year Occupancv 3 persons/ unit (1970 US Census) Based on an average density of one house per acre within a zone .of contribution, the formula can be used to calculate the critical nitrogen load corresponding to a groundwater nitrate concentration of 5 mg/1 NO3 t-N. Substituting values from Table 1 and rearranging terms g g he formula becomes: N(lbs/yr) = 4 . 79* (mg/1) x 398 580 (gal/yr) x 3 . 8 (1/gal) (2) 454, 000 (mg/lb) or N = 16. 0 lbs/yr The result, 16. 0 lbs nitrogen, is an estimated value for the maximum recommended nitrogen load on a 40, 000 ft parcel of land. This value should not be exceeded to remain below the planning standard of 5 (mg/1) NO -Nfinal groundwater concentration. A recommended housing density can be determined by comparing the maximum recommended nitrogen load, 16. 0 lbs N/yr, with the amount of nitrogen per household that is contributed to the groundwater. The Water Supply Protection Project Fi-nal Report (1979) prepared by CCPEDC calculated the total nitrogen load attributed to single family dwelling units as 24 lbs N/year. This value was calculated based on assumptions presented below: N-Septic Lawn Area N-Fertilizer Total N Load Per Household 15 lbs 5000 ft2 9 lbs 24 lbs * 4 .79 mg/l is rounded to 5. 0 mg/l as the planning standard 2 -T �P�OfTMETO�` TOWN OF BARNSTABLE 6 tea► . OFFICE OF • DAH!lTADLL s BOARD OF HEALTH MMl i639 soo e�• �0 MAR w� 367 MAIN STREET HYANNIS, MASS. 02601 SUBJECT: Nitrogen Loading RE: Lot D5 & D6, Assessor's Map 249-55, West Main St. , Hyannis APPLICANT: Sandpiper Homes, 1 Jefferson Ave. W. Yarmouth, MA. 02673 CRITERIA: Lot Size: 47,661 Sq. Ft. = 1.09 Acres (1. 13 Acres per letter from Attorney Charles McLaughlin Jr. dated 9/20/86) Actual = 47,661 = 1.09 acres 43,560 Ocupancy: Per developer = 27 persons Per L & W plans & Title V = 36 persons Nitrogen Loading: per Metcalf/Eddy - 208 Draft = 6.9 lb/person/year 6.9 lb/per/person/year (27) = 186.3 lb/person/year Recharge Dilution: (1,092 gal/day) (1.09 Acres) x 365 days x 3.8 liter/gal = 1650918.3 Lawn Area: Not applicable - No lawn fertilizer on wood chips Formula: Per Data:of L & W : (186.3) (454,000mg/lb) (1092 gal/day/acre) (1.09 acres) (365 day/year) 3.8 liter/gal. = 51.23 mg/liter Per Title V (180 lb/per/year) (454,000 mg/lb) (1092 gal/day/acre) (1.09 acres) 365 days 3.8 = 49.5 mg/liter Per Low and Weller: N(454,000mg/lb = (NO3=+N) recharge dilution N= 186.3 (454,000 mg/lb recharge Dilution = 84580200 mg/lb/ 10 (47661) 84580200 mg/lb 476,610 gal/s.f./yr. N = 8.8 mg/l �QypSINE T 'OWN OF BARNSTABLE 0 ®� OFFICE OF t DAB1lTABLL t639. BOARD OF HEALTH pp f63q 'Ep NAY w� 367 MAIN STREET HYANNIS, MASS. 02601 SUBJECT: Nitrogen Loading RE: Lot D5 & D6, Assessor's Map 249-55, West Main St. , Hyannis APPLICANT: Sandpiper Homes, 1 Jefferson Ave. W. Yarmouth, MA. 02673 CRITERIA: Lot Size: 47,661 Sq. Ft. = 1.09 Acres (1. 13 Acres per letter from Attorney Charles McLaughlin Jr. dated 9/20/86) Actual = 47,661 = 1.09 acres 43,560 Ocupancy: Per developer = 27 persons Per L & W plans & Title V = 36 persons Nitrogen Loading: per Metcalf/Eddy - 208 Draft = 6.9 lb/person/year 6.9 lb/per/person/year (27) = 186.3 lb/person/year Recharge Dilution: (1,092 gal/day) (1.09 Acres) x 365 days x 3.8 liter/gal = 1650918.3 Lawn Area: Not applicable - No lawn fertilizer on wood chips Formula: Per Data:of L & W : (186.3) (454.000mg/lb) (1092 gal/day/acre) (1.09� acres) (365 day/year) 3.8 liter/gal. = 51.23 mg/liter Per Title V (180 lb/per/year) (454,000 mg/lb). (1092 gal/day/acre) (1.09 acres) 365 days 3.8 = 49.5 mg/liter Per Low and Weller: N(454,000mg/lb recharge dilution (NO3=+N) N= 186.3 (454,000 mg/lb recharge Dilution = 84580200 mg/lb/ 10 (47661) =84580200 mg/lb 476,610 gal/s.f./yr. N = 8.8 mg/1 �PypfTNErO�` TOWN OF BARNSTABLE 0 r' ®•w • OFFICE OF DAHISTAHLL s �o0 639 �° BOARD OF HEALTH "gyp VIR w• 367 MAIN STREET HYANNIS, MASS. 02601 SUBJECT: Nitrogen Loading RE: Lot D5 & D6, Assessor's Map 249-55, West Main St. , Hyannis APPLICANT: Sandpiper Homes, 1 Jefferson Ave. W. Yarmouth, MA. 02673 CRITERIA: Lot Size: 47,661 Sq. Ft. = 1.09 Acres (1. 13 Acres per letter from Attorney Charles McLaughlin Jr. dated 9/20/86) Actual = 47,661 = 1.09 acres 43,560 Ocupancy: Per developer = 27 persons Per L & W plans & Title V = 36 persons Nitrogen Loading: per Metcalf/Eddy - 208 Draft = 6.9 .lb/person/year 6.9 lb/per/person/year (27) = 186.3 lb/person/year Recharge Dilution: (1,092 gal/day) (1.09 Acres) x 365 days x 3.8 liter/gal = 1650918.3 Lawn Area: Not applicable - No lawn fertilizer on wood chips Formula: Per Data: of L &. .W : (186.3) (454.000m /g_ lb) (1092 gal/day/acre) (1.09 acres) (365 day/year) 3.8 liter/.gal. = 51.23 mg/liter Per Title V (180 lb/per/year) (454,000 mg/lb) (1092 gal/day/acre) (1.09 acres) 365 days 3.8 = 49.5 mg/liter Per Low and Weller: N(454,000mg/lb recharge dilution (NO3=+N) N= 186.3 (454,000 mg/lb recharge Dilution = 84580200 mg/lb/ 10 (47661) =84580200 mg/lb 476,610 gal/s.f./yr. N = 8.8 mg/l to Tod` TOWN OF BARNSTABLE 6 6� OFFICE OF DAHI3TAHLL,e39. BOARD OF HEALTH s639 00 e� �D yisiY h. 367 MAIN STREET HYANNIS, MASS. 02601 SUBJECT: Nitrogen Loading RE: Lot D5 & D6, Assessor's Map 249-55, West Main St. , Hyannis APPLICANT: Sandpiper Homes, 1 Jefferson Ave. W. Yarmouth, MA. 02673 CRITERIA: Lot Size: 47,661 Sq. Ft. = 1.09 Acres (1. 13 Acres per letter from Attorney Charles McLaughlin Jr. dated 9/20/86) Actual = 47,661 = 1.09 acres 43,560 Ocupancy: Per developer = 27 persons Per l & W plans & Title V = 36 persons Nitrogen Loading: per Metcalf/Eddy - 208 Draft = 6.9 lb/person/year 6.9 lb/per/person/year (27) = 186.3 lb/person/year Recharge Dilution: (1,092 gal/day) (1.09 Acres) x 365 days x 3.8 liter/gal = 1650918.3 Lawn Area: Not applicable - No lawn fertilizer on wood chips Formula: Per Data: of L & W . (186.3) (454,000mg/lb) (1092 gal/day/acre) (1.09 acres) (365 day/year) 3.8 liter/gal. = 51.23 mg/liter Per Title V (180 lb/per/year) (454,000 mg/lb) (1092 gal/day/acre) (1.09 acres) 365 days 3.8 = 49.5 mg/liter Per Low and Weller: N(454,000mg/lb = (NO3=+N) recharge dilution N= 186.3 (454,000 mg/lb recharge Dilution = 84580200 mg/lb/ 10 (47661) =84580200 mg/lb 476,610 gal/s.f./yr. N = 8.8 mg/1 f NITROGEN LOADING CRITERIA• Lot size: 47,661 s.f. = 1.09 acres # of Units: nine = 9 (2 BR 2BA) Occupancy: Per Developer = 18 Per 1st BR - 9 Pers 2nd BR NITROGEN LOADING: Sewage per Metcalf/Eddy-208 draft = 6.9 lb./pers/year 6.9 lb./pens/yr. (27 pers.)=186.3 lb./pers/yr. RECHARGE DILUTION• 16"/per=10 Gal. s.f./yr. 10(47,661) = 1,476.661 NOTE: Lawn fertilizer nitrogen loading not applicable. All open space area to be planted with trees/shrubs and ground cover to be i.e. mulch, chips, gravel. FORMULA: N(454,000 mg/lb a (NO3+N) recharge dilution N = 186.3 (454,000 mg/lb recharge dilution = 84580200 mg/lb/ 10 (47661) 84580200 mgM 476,610 gal/ss.f./yr. = 1.77.5 - 186.3 lb/per/yr, A = 8.8 mg/1 COMMENT: Please note that the maximum occupant used in determining the Nitrogen loading is in excess of 5.0 mg/1 of Nitrogen as accepted by the CCPEDC.formula..' t , However, the loading of 8. mg/l is well below the acceptable l0.mg/1 and !, 12.mg/l acceptable to the Commonwealth and Federal Government respectively."; ` (Ref: CCPEDC Pamphlet) It is also noted that these loading factors are for Zone of Contribution areas and this project is not a part of that ' cont. I y � - l NITROGEN LOADING CRITERIA: Lot size: 47,661 s.f. = 1.09 acres # of Units: nine = 9 (2 BR 2BA) Occupancy: Per Developer = 18 Per 1st BR —p 9 P ers .2nd BR NITROGEN LOADING: Sewage — _e age per Metcalf/Eddy 208 draft 6.9 lb./pers/year 6.9 lb./pers/yr. (27 pers.)=186.3 lb./pers/yr. RECHARGE DILUTION: 16"/per=10 Gal. s.f./yr. 10(47,661) = 1,476.661 NOTE: Lawn fertilizer nitrogen loading not applicable. All open space area to be planted with trees/shrubs and ground cover to be i.e. mulch, chips, gravel. FORMULA: N(454,000 mg/lb = (NO3+N) recharge dilution N = 186.3 (454,000 mg/lb recharge dilution = 84580200 mg/lb/ 10 (47661) =84580200 mg/lb 476,610 gal/s.f./yr. = 177.5 — 186.3 lb/per/yr, .'N = 8.8 mg/1 COMMENT: Please note that the maximum occupant used in determining the Nitrogen loading is in excess of 5.0 mg/1 of Nitrogen as accepted by the CCPEDC,formula.-.' However, the loading of 8. mg/1 is well below the acceptable l0.mg/1 and 12.mg/l acceptable to the Commonwealth and Federal Government respectively.:; . (Ref: CCPEDC Pamphlet) It is also noted that these loading factors are for Zone of Contribution areas and this project is not a part of that cont. LOW & WELLER, INC. "Fiddler's Green Plaza" 714 Main Street, P.O. Box 119 Yarmouth Pbrt, Massachusetts 02675 362-6868 362-8131 Registered: George Low, Jr., R.L.S. Land Surveyors A. Paul Simard, P.E. Professional Engineers William G. Weller, Consultant November 4, 1986 Nr. John Kelley Health Officer Town of Barnstable 367 Main St. Hyannis, MA 02601 RE: Sandpiper Homes, Inc. Application for Disposal Works Permit 944 Main St. Centerville, MA Dear Sir: We should like to submit documentation for your review and reconsideration for the actions taken by the Board as outlined in their letter of September 4, 1986. In refering to the aforementioned letter, we believe that all adverse conditions have been addressed as follows: A. Paragraph 3 of said letter we have calculated the Nitrate Loading as required by the CCPEDC and verified in our calculations, showing well below the acceptable level set by the Stae and Federal Government of 10 and 12 mg/l respectively. B. The plan submitted by All Cape Survey Consultants and found to be deficient in accordance with 15.02 (5) & 15.03 (7)(4) 310 CMR. Title V have been corrected and the corrected drawings are attached herewith. cont. pg. 2 We trust that you will find the attached enclosures in line with your requirements and that you will be able to approve and consequently issue a permit for this project. Thank you for your consideration. Low & Well r, Inc. BY:/ au Simard, P.E. t Enc cc; Mr. Robert Zaino Atty. McLaughlin LOW & WELLER, INC. "Fiddler's Green Plaza" 714 Main Street, P.O. Box 119 lbrmouth Port, Massachusetts 02675 362-6868 362-8131 Registered: George Low, Jr., R.L.S. Land Surveyors A. Paul Simard, P.P. Professional Engineers William G. Weller, Consultant October 31, 1986 Sandpiper Homes, Inc. 1 Jefferson Avenue West Yarmouth, MA 02673 ATTN: Robert J. Zaino, Sr. RE: Lot D5 & D6 West Main Street Hyannis, MA Per your request we have analyzed and applied the proper and appropriate formulae and it's factors per the Cape Cod Planning and Economic Development Commission's report dated December 14, • 1979, relative to Nitrate. Loading. As you will note our findings are quite different than these stated by the Town of Barnstable's denial letter to Attorney McLaughlin dated September 4, 1986. We have not addressed herein the findings of the Board in their September 4, 1986 letter as noted in paragraphs 5 & 6 of said letter, as the design was done by another office. We should gladly correct the deficiencies if you so advise us. Attached is the Nitrogen Loading that can be attributed to the proposed project: • "Y f' NITROGEN LOADING CRITERIA• Lot size: 47,661 s.f. = 1.09 acres $ of Units: nine = 9 (2 BR 2BA) Occupancy: Per Developer = 18 Per 1st BR - 9 Pers 2nd BR NITROGEN LOADING: Sewage per Metcalf/Eddy-208 draft = 6.9 lb./pers/year 6.9 lb./pers/yr. (27 pers.)=186.3 lb./pers/yr. RECHARGE DILUTION• 16"/per=10 Gal. s.f./yr. 10(47,661) = 1,476.661 NOTE: Lawn fertilizer nitrogen loading not applicable. All open space area to be planted with trees/shrubs and ground cover to be i.e. mulch, chips, gravel. FORMULA• N(454,000 mg/lb = (NO3+N) recharge dilution N = 186.3 (454,000 mg/lb recharge dilution = 84580200 mg/lb/ 10 (47661) =84580200 mg/lb 476,610 gal/s.f./yr. = 177.5 - 186.3 lb/per/yr, N = 8.8 mg/1 COMMENT Please note that the maximum occupant used in determining the Nitrogen loading is in excess of 5.0 mg/1 -of Nitrogen as accepted by the CCPEDC.formula., ' However, the loading of 8. mg/1 is well below the acceptable 10.mg/1 and 12.mg/1 acceptable to the Commonwealth and Federal Government respectively:% (Ref: CCPEDC Pamphlet) It is also noted that these loading factors .are for Zone of Contribution areas and this project is not a part of that Cont. Cont. page 2 area as acquiesced to by the Town of Barnstable's Board of Health and confirmed in their letter of September 4, 1986, addressed to your attorney, Mr. McLaughlin. J.Al1k1t , Low & Weller Inc. ': 1A 0700 1 ' BY- A. Paul Sima 'd -` '`i$aFvc6'' � c.c. C.S. McLaughlin, Esq. 171 Main Street Hyannis, MA 02601 I C.� i-1W-E • TOWN OF BARNSTABLE �j•� OFFICE OF -d}✓ � DAE)STABIX "M BOARD OF HEALTH 0 °gEo �Q � 367 MAIN STREET HYANNIS. MASS. 02601 I September 4, 1986 r� Mr. Charles S. McLaughlin, Jr. Attorney at Law 171 Main Street Hyannis, MA. 02601 Dear Mr. McLaughlin: Your request for two Disposal Works Construction Permits for Sandpiper Homes, Inc., for buildings A and B at 942 and 944 West Main Street, Centerville, is not approved at is time. J�1 We feel that your interpretation of our Groundwater Protection Re ul�ation is accurate tk) despite our intent when we adopted the regulatlon to Imit the daily sewage flow for a one acre lot to the amount of sewage generated by a two or three bedroom dwelling. a However, we are highly concerned that nitrate contamination along with other contaminants could have an adverse effect on ground water quality and public health. 'The Cape Cod Planning and Economic Development Commission, after considerable research, felt that nitrate concentrations over 5 mg./L in our ground water presented a health threat-and established 5 mg./L as 'a recommendation for all of Cape Cod. Your proposal of 18 bedrooms on a 47,661 square feet lot would generate a nitrate loading of over 35 mg./L - seven times over the limit set by Cape Cod Planning and Economic Development Commission. Cape Cod has been designated as a sole source aquifer by the Federal government and every effort must be made to preserve our ground water. The on-site sewage disposal plans submitted by you also did not meet--the requirements of Regulation 15.02 (5), of 105 310 CMR 15.00 of the State Environmental Code. The proposed pavement contours and the elevation of the existing paved drive are not shown ron the plan. The requirements of Regulation 15.03(7)(4), of Title 5, are also not clearly delineated on the plan. Prior to a final decision of the Board, it is recommended that you re-submit corrected on-site sewage disposal plans that meet all of the requirements of 105 310 CMR 15.00, the State Enviromental Code, Title 5, Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, and provide professional documentation that this proposed .project will not have an adverse effect on the quality of ground water and public health. Became effective September 6, iyuj a Revision adopted September 16, 1986. Effective September 25, 1986 after publication in ..the Cape Cod Times. TOWN OF BARNSTABLE M"U OFFICE OF = ssaisr BOARD OF HEALTH YN& 039. 367 MAIN STREET 0 Y HYANNIS, MASS. 02601 GROUNDWATER PROTECTION J The Board of Health, Town of Barnstable, Massachusetts, in accordance with, and under the authority granted by Section 31, of Chapter 111, of the General Laws of the Commonwealth of Massachusetts, hereby adopted the following rules and regulations after a public hearing at a meeting of the Board held on September 6, 1983. Revised at a Board .of Health meeting September 16, 1986. PURPOSE: The protection of groundwater in the Town of Barnstable The ground resources of the Town of Barnstable are its sole source of water supply. It is now known and demonstrable that public supply wells draw water from a substantial land area. It is known from experience that high density housing can over time cause serious deterioration of ambient groundwater by nitrate contamination. It has been proven that nitrate contamination in drinking water can be a serious public health problem. Calculations performed by Cape Cod Planning and Economic Development Commission Indicate that individual residential housing.units placed on one acre parcels will produce the maximum recommended planning limit of 5 ppm. nitrate-nitrogen in groundwater. Proposed subdivisions within 3,000 feet of a municipal sewer line shall connect all building lots in the subdivision to the Town sewer if any lots in the subdivision are less than one acre and are located within a Zone of Contribution to a public supply well. Zones of contribution will be determined by the Board of Health. All new multi-family dwellings within a Zone of Contribution to a public supply well within 3000 feet of a municipal sewer line shall connect to the public sewer. All new commercial structures within a Zone of Contribution to a public supply well within 3000 feet of a municipal sewer line shall connect to public sewer. Outside of the Zones of Contribution to Public Supply Wells, any new construction on lots with sewage flow estimates exceeding 330 gallons, per day, per acre, as listed in Regulation 15.02(13), of 310 CMR 15.00, Title 5, of the State Environmental Code, that are within 3000 feet of a sewer line shall be considered for mandatory connection to said line if the Board of Health determines that on-site sewage disposal systems may contribute to the degradation of the water quality of public or private wells, lakes, ponds, or coastal embayments and other watercourses. GROUNDWATER PROTECTION (continued) Page 2 '+ VARIANCES to the regulation maybe granted by the Board of Health 'after a hearing during which the applicant proves that the installation of on-site sewage disposal system will not have a significant adverse effect on surface or subsurface public or private water resources. The Board in granting variances ':wIII consider if strict .interpretation of this regulation would do manifest injustice to the applicant; however, the applicant must demonstrate that the same degree of environmental protection required by this regulation can be achieved by other means. This r7eat on is&take fect on th ate of publication of this notice. "Eshbaugh A1'PlJ/VE AS TO r-ORM Csk'.�_ _. Town C-.,,n.;,,1 Grover C.M. Farrish, M. D. BOARD OF HEALTH TOWN OF BARNSTABLE s" LAND SURVEY AND CIVIL ENGINEERING ASSOCIATES ALL CAPE SURVEY CONSULTANT LAND SURVEY AND LAND USE DESIGNS 172 EAST FALMOUTH HIGHWAY EAST FALMOUTH, MASSACHUSETTS 02536 PHONE 548-4255 CHRISTOPMER COSTA P.L.S. November 19, 1986 TOWN OF BARNSTABLE Health Health Department P.O. Box 534 Hyannis, MA 02601 Attention: Thomas McKean Dear Tom:' RE: 9 Unit Condominum W. Main St. Centerville Enclosed is the revised sewage design plan for Sandpiper Homes. We have made the changes that you requested in your letter. If I can be of any further assistance, don' t hesitate .to call me. With kindest regards , ,+ S 4--CosLita, is p P.L.S. CC:ko CC-.Bob Zano Bill Weller, Weller Engineers PyoFTHE TO�f TOWN OF BARNSTABLE OFFICE OF i 3ARISTA13LE j .UK BOARD OF HEALTH sp0 i6�p ''ipo MAC w> 367 MAIN STREET HYANNIS, MASS. 02601 November 13, 1986 Mr. William Weller Low & Weller, Inc. "Fiddler's Green Plaza" 714 Main Street P.O. Box 119 Yarmouth Port, MA. 02675 Dear Mr. Weller: We are returning the nitrogen loading data for Sandpiper Homes at Lot D5 and D6, West Main Street, Hyannis. Your calculation of 8.8 mg/l is incorrect. This error is substantiated by CCPEDC calculations for this developement (enclosed) . Also enclosed is the correct formula to compute nitrogen loading. We are also returning the plans you submitted as the required corrections and revisions have not been made. Feel free to call me at 775-1120 if you have any questions. Sincerely, c. Thomas A. McKean Health Inspector Town of .Barnstable TAM/ka encl. 2 cc: Sandpiper Homes CAPE COD PLANNING AND ECONOMIC DEVELOPMENT COMMISSION 1 sT DISTRICT COURT HOUSE, BARNSTABLE, MASSACHUSETTS 02630 TELEPHONE: 617-362-231 1 November 10, 1986 Mr. John Kelly Board of Health Town Hall Hyannis, MA. 02601 Dear Mr. Kelly: At your request I have reviewed the nitrogen loading figures prepared by Low & Weller, Inca for the Sandpiper Homes on Lots D5 and D6 in Centerville. They have not done the calculations correctly, greatly underestimating the nitrogen concentration to the lot. Following through their calculations it appears that the formula was being followed correctly up until step 3 . They have not converted from gallons to liters. 84580200 ma /lb =46. 7 mg/1 (476, 610 g/s. f./y) (3 .8 1/g) Step 4 is not correct and I can't imagine what the engineer intended at this point. Using the figures from the blue prints of 18 bedrooms and 2 persons per bedroom, and a lot site of 1.13 acres from the letter dated August 20, I redid the calculations: 18 bedrooms x 2 persons/bedroom x 5 lbs/person/year = 180 lbs/year 180 lbs/year x 454 , 000 mg/lb (1092 gal/day/acre) (1. 13 acres) (365 days) (3 .8liters/gal) = 47 . 7 mg/l I have enclosed an additional nitrogen loading worksheet and explanation which you may wish to give to the engineers so that they can understand the problems with thier calculations. Sincerely yours, Gabrielle C. Belfit Hydrologist GCB:bc enc. MYCOCK, KILROY, GREEN & McLAUGHLIN, P.C. ATTORNEYS AT LAW. 171 MAIN STREET BERNARD T. KILROY HYANNIS, MASSACHUSETTS 02601 OF COUNSEL ALAN A: GREEN AREA CODE 617 - EDWIN S. MYCOCK CHARLES S. MCLAUGHLIN. JR. MICHAEL D. FORD 771-5070 ADDRESS ALL MAIL DAMES-M. FALLA P.O. Box 980 HYANNIS. MASS. 02601 MARK D. CARCHIDI REFER TO FILE N September 15 , 1986 Board of Health Town Hall Hyannis, Massachusetts 02601 RE: Sandpiper Homes, Inc. , Buildings A & B, 942-944 West Main St. , Centerville Dear Members of the Board : Since you have agreed in your letter of September 4 , 1986 regarding the above matter that it is not necessary to connect to the town sewer, I have had Mr . Zaino's engineer address the technical problems raised in the same letter with regard to the content of the sewage disposal plans . Said plans are enclosed herewith together with our check in the amount of $150 . 00 for the fee. You already have the applications in your possession . Kindly review the revised plans and advise when Mr . Zaino or his representative may pick up the sewage disposal permit. Very truly yours, CrcLaughlin, Jr . CSMjr :Jmf Enclosures 2604j NITROGL•N LOADING FO)L%IULA . I, Assumptions Nitrogen loading g 5 lb/person/par f ' sews a lawn fertilizer. 9 lb/5000 ft lawn/year,* , Recharge dilution y 40,000 ft2- lot @ 16"/year = 398,580 gal/year Occupancy —� . 3 per Lawn area 5000 ft2 lawn/lot II Formula .; •Nitrogen load (.Ibl x 454,000 mg/lb = NO3 concentration in pp 10092 gal/day/ 0,000 ft7 x. 365 days x 3.8 liters/gal - III. Example ; Proposed development of 50 units on 25. acres of land including 2 acres of lawn area. - Nitrogen load ' sewage: - 50 units x 3 persons/unit x 5 lb/persbn/year = 750 lb/year lawn area: ` 802.000 ft. x 9lb/5000 ft2 Total N load: 894 lb/year 11 ppm final nitrate 894 lb •N/year x 454,000 mg/lb = concentration in (1092 gal/day/acre) (25 acres) (365 days) (3.8, ,liters/gal) groundwater ' - ,c. a fix` • . 1 , P�o� Tod TOWN OF BARNSTABLE d� w ♦�" OFFICE OF Z 31AXIISTAM I BOARD OF HEALTH MAD f61q' 367 MAIN STREET . HYANNIS, MASS. 02601 September 4, 1986 f y Mr. Charles S. McLaughlin, Jr. Attorney at Law 171 Main Street Hyannis, MA. 02601 Dear Mr. McLaughlin: Your request for two Disposal Works Construction Permits for Sandpiper Homes, Inc., for buildings A and B at 942 and 944 West Main Street, Centerville, is not approved at this time. We feel that your interpretation of our Groundwater Protection Regulation is accurate despite our intent when we adopted the regulation to limit the daily sewage flow for a one acre lot to the amount of sewage generated by a two or three bedroom dwelling. However, we are highly concerned that nitrate contamination along with other contaminants could have an adverse effect on ground water quality and public health. The Cape Cod Planning and Economic Development Commission, after considerable . research, felt that nitrate concentrations over 5 mg./L in our ground water presented a health threat and established 5 mg./L as a recommendation for all of Cape Cod. Your proposal of 18 bedrooms on a 47,661 square feet lot would generate a nitrate loading of over 35 mg./L - seven times over the limit set by Cape Cod Planning and Economic Development Commission. Cape Cod has been designated as a sole source aquifer by the Federal government and every effort must be made to preserve our ground water. The on-site sewage disposal plans submitted by you also did not meet the requirements of Regulation 15.02 (5), of 105 310 CMR 15.00 of the State Environmental Code. The proposed pavement contours and the elevation of the existing paved drive are not shown on the plan. The requirements of Regulation 15.03(7)(4), of Title 5, are also not clearly delineated on the plan. Prior to a final decision of the Board, it is recommended that you re-submit corrected on-site sewage disposal plans that meet all of the requirements of 105 310 CMR 15.00, the State Enviromental Code, Title 5, Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, and provide professional documentation that this proposed project will not have an adverse effect on the quality of ground water and public health. r. .. ltii. Charles S. McLaughlin, Jr. September 4, 1986 Page 2 It is the mandated responsibility of Boards of Health to protect, public health. In the absence of specific regulations, the Board must evaluate each proposal as presented on a case to case basis. This project has the potential to adversely affect public health. Your check for $150.00 is returned. V r truly yours, obert . Childs, Ch it an C APA 6 Ann J e BI s Grover C.M. Farrish, M. D. BOARD OF HEALTH TOWN OF BARNSTABLE JMK/mm encl. 1 check cc: Sandpiper Homes, Inc. Town Counsel �. REMITTANCE ADVICE 574 M YCOC,K, KiLROY, GREEN 53 , i w & ,McLA;UGHLIN P C u ATTOFiIVEYS AT LAW 71 MAIN STREET;:: f m NNIS I 02601 I: PAY DOLLARS I AT TO THE O ER OF , OuNT_. l t 1 i I I I .. v: - CAPE COD BANK AND TRUST CdhAPANY;,:' , : '::. :MASSACHUSETTS ;,:I I600 2393110 1:0 L L3057491: 007 457 1311' F, / li w CCPEDC N LOADING FORMULA s AN EXPLANATION AND DESCRIPTION OF ITS APPLICATION The CCPEDC formula is a simple mass-balance model that calculates groundwater nitrate concentrations resulting from waste water discharged from septic tanks and nitrogen released from lawn fertilizers. The formula was originally developed in 1978 for the 208 Water Quality Management Plan for Cape Cod as a tool to help guide levels of development within zones of contribution (ZOC) to public supply wells. This earlier version estimated groundwater nitrate concentrations based solely on waste water discharge from septic tanks. A later mass-balance formula, developed in 1979 , accounts for nitrates released from lawn fertilizers as an additional source. Results from this model represent average long-term groundwater nitrate concentrations under saturation housing density conditions. The term "average" implies that actual concentrations are above and below that concentration. The CCPEDC advocates a planning standard of 5 mg/1 NO -N which is lower than the state and federal health standard 3 of 10 mg/1 NO -N by an amount that theoretically assures that the health Standard will rarely be exceeded. i The formula estimates the average nitrate concentration at a public supply well by calculating the mass of nitrate (volume x concentration) entering a zone of contribution from li the various nitrate sources (septic effluent and lawn fertilizers) and dividing by the diluent, infiltrating precipitation. The formula can also be used to calculate a ' critical housing density in a zone of contribution by holding the nitrate concentration equal to the recommended nitrate planning standard (5 mg/1 NO -N) and calculating the housing density required to stay below the standard. i The formula and defined terms appear below: NO3-N (mg/1) = N (lbs) x 454 , 000 (mg/lb) (1) R (gal/yr) x 3 . 8 (1/gal) Where: N = Total nitrogen load in pounds from both septic tank effluent and lawn fertilizer sources. 454 , 000 = Conversion factor to convert from milligrams to pounds. R = Precipitation that recharges the ground- water expressed in gallons per year per unit area. 3 .8 = Conversion factor to convert from liters to gallons. Input values and assumptions contained in the formula are listed in Table 1. Table 1. Summary of Input Values and Assumptions for Nitrogen Loading Formula Variable Name Value Used Reference Nitrogen Load(N) Septic Effluent 5 lbs/person/year (L. I . 206 , 1978) Lawn Fertilizer 9 lbs/5200 ft /year Lawn Area 5000 ft lawn/ to (CCPEDC, 1979) N- Fertilizer Rate 3 lbs N/ 1000 ft lawn (L. I . 208, 1978) N- Fertilizer Leached 60% (L. I . 208, 1978) Recharge Dilution(R) 401000 ft2 lot 398,580 gal/yr (Wilson & Schreibner, 1979) @ 16"/year occupancy 3 persons/ unit (1970 US Census) Based on an average density of one house per acre within a zone .of contribution, the formula can be used to calculate the critical nitrogen load corresponding to a groundwater nitrate concentration of 5 mg/1 NO -N. Substituting values from Table land rearranging terms 3the formula becomes: N(lbs/yr) = 4 . 79* (mcg/1) x 398 ,580 (gal/Vr) x 3 . 8 (1/cfal) (2) or N = 16. O, lbs/yr 454, 000 (mg/lb) The result, 16 . 0 lbs nitrogen, is an estimated value for the maximum recommended nitrogen load on a 40, 000 ft parcel of land. This value should not be exceeded to remain below the planning standard of 5 (mg/1) NO -Nfinal groundwater concentration. A recommended housing density can be determined by comparing the maximum recommended nitrogen load, 16. 0 lbs N/yr, with the amount of nitrogen per household that is contributed to the groundwater. The Water Supply Protection Project Final Report (1979) prepared by CCPEDC calculated the total nitrogen load attributed to single family dwelling units as 24 lbs N/year. This value was calculated based on assumptions presented below: N-Septic Lawn Area N-Fertilizer Total N Load Per Household 15 lbs 5000 ft2 9 lbs 24 lbs * 4 . 79 mg/1 is rounded to 5. 0 mg/1 as the planning standard 2 A nitrogen load of 24 lbs/year per house exceeds the recommended maximum of 16 lbs calculated for a one acre lot. A larger lot size would provide the necessary dilution to remain below the planning standard. The appropriate house lot size for a 24 lb N load can be calculated from the following ratio: 16 lbs 2= 24 lbs (3) 40, 000 ft H ft Where: H = 60, 000 ft2 , the lot size necessary to dilute a nitrogen load of 24 lbs to the recommended maximum 16 lbs/40, 000 ft2 . From this analysis, overall housing densities would be limited to one house per 60, 000 square feet. However, after allowing for standard percentages of roads and open space associated with residential development, this overall density could be achieved by 40, 000 square foot lots. Such an average density within a zone of contribution would satisfy the planning standard of 5 mg/l No3-N and provide a margin of safety (the difference between 5 and 10 mg/1) for conditions of drought and periods of peak nitrogen loads. It should be emphasized that the results from this simple mass-balance model only indicate recommended average housing densities for zones of contribution to public supply wells on Cape Cod where single family housing is assumed to be the only source of NO -N in the zone of contribution. The nitrogen loading formulR is not intended to answer specific questions concerning the effect of individual developments within a ZOC. The mass-balance model is only a crude approximation of the actual nitrogen cycle. The model structure, input data and assumptions would have to be refined for it to provide answers to more detailed water quality questions. I i l 3 3 MYCOCK, KILROY, GREEN & McLAUGHLIN, P.C. ATTORNEYS AT LAW 171 MAIN STREET BERNARD T. KILROY HYANNIS, MASSACHUSETTS 02601 OF COUNSEL ALAN A. GREEN AREA CODE 617 EDWIN S. MYCOCK CHARLES S. MCLAUGHLIN. JR. MICHAEL D. FORD 771-5070 ADDRESS ALL MAIL JAMES M. FALLA P.O. Box 960 HYANNIS, MASS. 02601 MARK D. CARCHIDI August 20, 1986 — REFER TO FILE # Mr . John Kelly, Director Board of Health Dept . Town Hall Hyannis, Massachusetts 02601 RE: Zaino - Sandpiper Homes, Inc . project at 942-944 West Main Street , Centerville Dear Mr . Kelly: Confirming our conversation at your office this date on the above matter , I expressed to you my opinion that Mr . Zaino' s project does not fall within the purview of the Ground Water Protection regulations of the Board of Health adopted in 1983. I understand that you entertain some doubt on this opinion and that the matter will be referred to the Board of Health for a ruling . I understand further that I am being placed on the agenda for' the next hearing on Tuesday September 2 , 1986. At or before that time I will have for the Board a full brief discussing the issues involved. While I think that the regulations are quite clear on this subject and would fairly lead to the conclusion that Mr . Zaino is not required to connect to the town sewer , it might be desirable, if you thought it necessary, to have Town Counsel ' s opinion on this subject so that the Board could have the benefit of his thoughts at the September 2nd hearing. I make this suggestion in the hope that we can finally resolve the issue on September 2nd given some serious time constraints imposed on Mr . Zaino regarding the project. If you are inclined to seek Town Counsel' s advice, I would be pleased to submit to both you and Town Counsel a fully detailed outline on the subject as we see it . Please advise if this will be of assistance to you. Thank you for your attention and for your willingness to expedite the conclusion of this question. er ruly rs, h rles S. cLa gh , J . CSMjr :Jmf 2487-2j No......................... Fimic............................ THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH ..................... ...........[O.W. ..N.............OF..... Appitration for Disposal Modw Tonstrurtion it nit JZ- 3UILDI Aj r— Z j A UNiTv Application is hereby made for a Permit to Construct Repair an Individual Sewage Disposal System at: Cew re--x Ll i(_i. 47A.F..2.7. .........L)s..... .................................................... Locat' Add or 1,01 No. ....;01 .......... .......................................... ...... 41V Owner Address ........................................................................................ . .......I .......................................................................................... i Installer Address Type of Building i Size Lot.._XZ_.Aea'j....Sq. feet Dwelling—No. of Bedrooms.........4q--------------_-----_--_Expansion Attic Garbage Grinder Other—Type of Building ............................ No. of persons__..._..__........._._..._.. Showers Cafeteria 04 Other fixtures ..................................................................... J.1.773 Design Flow................. ..............gallons per person per day., Total daily flow............................................gallons. Septic Tank—Liquid,capacity2VOP.gallons Length___. Width..6 .&.. Diameter----- ...... Depth..Kf:,O. Disposal Trench—No:............._ Width.................... Total Length.................... Total leaching area. f ...................sq. f t. Seepage Pit No........Z........ Diameter....../A__(... Depth below inlet.......6........ Total leaching area....1..U& . Other Distribution box ( (--), Dosinktank ( ) )PP Percolation Test Results Performed by... .................. Date....../.—Z! . .. ..... ... Test Pit No. I......4—..2—minutes per inch Depth of Test Pit_._.__.. Depth to ground water...__. J. D Test Pit No. 2----:2!5;�.2-minutesyer inch De�th of Test Pit.........I..V-. Depth to ground water........ ............. ......... o. .............................................................................................. 0 escription of 7.71 .............................. D Soil..........0......a...Z.........,S ----------------------------------a!22..-.)..q..............M,5t ..........D ...........1."A ................................................ ........................................................................................................................................................................................................ U Nature of Repairs or Alterations—Answer when applicable......................................... ..................................................... i ......................................7*.....*................... ------ ............................................................................................................. Agreement: The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of TITLE 5 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 health. .................... Signed..Uor.m'r ..00.X4.A.... ..... ApplicationApproved'By.................................................................................................. ........................................ Date Application Disapproved for the following reasons:............................................................................................................... ......................................................................................................................................................................................................... Date PermitNo.....1:............................................. Issued........................................-----......--- Date THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH ..........................................OF.......... (9rdifirate of Tuntpliatirr THIS IS TO CERTIFY, That the Individual Sewage Disposal System constructed or Repaired by..................................................................................................................................................................................................... Installer at_... : .............................................................................w.................................................................................... has been installed in accordance with the provisions of TIT-LE 5 of The State Sanitary Code as described in the application for Disposal Works Construction Permit No._.._.___:_______________________________ dated__..-__-____....._.___.____..._.._._...__._.___. THE ISSUANCE OF THIS CERTIFICATE SHALL NOT BE CONSTRUED AS A GUARANTEE THAT THE SYSTEM WILL FUNCTION SATISFACTORY. DATE._...:. .. .............. Inspector.................................................................................... THE COMMONWEALTH OF MASSACHUSETTS -7 BOARD OF HEALTH .........................................OF........... ... ......................................... . No......................... FEE....................... his osttlWorks Tonotrurtion rantit Permissionis hereby granted.............................................................................................................................................. to Construct or Repair an Individual Sewage Disposal System at No Street as shown on the application for Disposal Works Construction Permit No_____________________ Dated___......_._.__...._._._..__.............. ....................................................................................................... DATE................................................................................. Board of Health FORM, 1255 HOBBS & WARREN. INC.. PUBLISHERS No................_....... Fss............................. THE COMMONWEALTH OF MASSACHUSETTS _ BOARD OF HEALTH ...-......lf.t)..�sl..,a.............OF..... ��� 2l�t S. r 3t. :..:......... Appliratiou for Diopoottl Works Touitrurtiou rerutit /-O/Z- l3 v c N A --- VA),T s / - ,- Application is hereby made for a Permit to Construct (der Repair ( ) an Individual Sewage Disposal System at: C e7v n t t= �ry... lh e.q ID / Locati Address or Lot No. .... ..N.. .......... .---•.........................................._..... Owner Address W Installer Address Type of Building Size Lot........../...............Sq. feet U Dwelling—No. of Bedrooms.........9..............................Expansion Attic ( ) Garbage Grinder ( ) Other—Type T e of Building No. of persons.................... Showers — Cf teria 114 YP g ................. P ( ) e ( ) dOther fixtures_,.---•........................... . . x /. .. � // 3 Design Flow.................................. ••.gallons per person P9r/du.''Total dtaifydl6W................... ........-----------.b'�all�o� Septic Tank—Liquid capac ,....T%allons Length................ Width................ Diameter................ Depth................ Disposal Trench—Nt.................. Width! ......... Total Length........... Total leaching area.......-/.j �- - Seepage Pit No...................... Diameter.................... Depth below inlet.................... Total leaching area.................4.)?D z Other Distribution box Dosing g L�( L t_ ` � -/�- a Percolation Test Results Performed by..................................................`.C/----........._.. Date........................ Test Pit No. 1........ inutes per inch Depth of Test Pit............f_V. Depth to ground water.............. ... f14 Test Pit No. 2........ l•inutes er inc D,egth �f ®eft Pit.................... Depth to ground water........................ "TtST t` 5 Y f _._.�._.. p-7-tra.......................................................... O f Jl��t1� fviy.._. ------ Description Description of Soil........... 2 ............. .. . .... .. V ......--•----•.....................•---•---.........................._......................................._........................-•-•--..................................................._... 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 TITLE 5 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 health. Signed.......................................................................•---......•... Date ApplicationApproved By.................................................................................................. ........................................ Date Application Disapproved for the following reasons:................................................................................................................ ............................................................•-----•--............-----............_....................._..--•-------•---•---.........._................... . ......--- Date PermitNo......................................................... Issued_....................................................... Date 2 THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH ..........................................OF.......... ..................................... Trrfifirate of Toutphattre THIS IS TO CERTIFY, That the Individual Sewage Disposal System constructed ( ) or Repaired ( ) by-----------------...................................................................................................................-•-------......................---••-.....................••.... Installer at.....•--•---•---••..--•-••------------•.---•--•••................................ .................•----••----...........•-----..--- has been installed in accordance with the provisions of TITLE 5 of The State Sanitary Code as described in the application for Disposal Works Construction Permit No......................................... dated................................................ THE ISSUANCE OF THIS CERTIFICATE SHALL NOT BE CONSTRUE® AS A GUARANTEE THAT THE SYSTEM WILL FUNCTION SATISFACTORY. DATE...............••---•---••----...........---•---•--...-•--••------•-•----•...... Inspector..................................................................................... THE COMMONWEALTH OF MASSACHUSETTS `—� BOARD OF HEALTH ...........................................OF........... .... ............................... No......................... FEE..................... Disposal Worko Tono#r urtion '" u ff Permissionis hereby granted.................................................................................................••----..................................... to Construct ( ) or Repair ( ) an Individual Sewage Disposal System atNo............................. :................................... Street as shown on the application for Disposal Works Construction Permit No..................... Dated.......................................... •......................... ........... •----------------- ....----------------------- ........ ._ DATE................................................................................ -•-•............................................•..... Hoard of Health FORA 1255 HOBBS & WARREN. INC.. PUBLISHERS No................_....... FEB............._............. THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH .............L_..OWH..........OF..... 1.7n :T!4 ............................ _ Appliratinn for Dis noal Works Towit.rnrtinn anti# FO 2 1'5 v l L D 1A1 Cr j 1 (J N L 7S S- 7'�/z-v Application is hereby made fora 'Permit to Construct ( 9or Repair ( ) an Indi Idual Sewage Disposal System at: 4 Z 9 yy / 1 • .. �d. .t! Cll��--. 1�2 .%._G LE/VTE/2klL('.f)........ .J� ¢ -- ............................................ -Locat•on-Address � _ or Lot No. j.m .................... .................... i......•--•-- r... W ............................... --•--...--••-._.._......._._....---•------.•........._•••••••......_.._.....----.........-•--.... Installer Address Type of Building Size Lot..... 76.6_/_Sq. feet �-, Dwelling—No. of Bedrooms......../1 ............................Expansion Attic (. ) Garbage Grinder ( ) `4 Other—T e of Building a Other—Type g ____________________________ No. of persons......................_..... Showers ( ) — Cafeteria ( ) Otherfixtures -------------------•-----------•------••---•-••-....--'--••----•--••- __ W� Design Flow....................��__5-_________________gallons per person per day. Total�d�' lY ............gallons. WSeptic Tank—Liquid capacity_ZO'Qgallons Length....Z� ��__.. Width._ 'ra___.__ Diameter..... ____ Depth...7_�..... x Disposal Trench—No......_—.......... Width.................... Total Length.................... Total leaching area....................sq. ft. Seepage Pit No.......2.......... 'ameter......� ... Depth below inlet.....6.......... Total leaching area__h�7:s;!- t Z Other Distribution box ( Dosing tank Percolation Test Results Performed by../31a...L,ljian' �✓___________________ Date...... .,......... ° 1.4 Test Pit No. 1.....!!�2-.minutes per inch Depth of Test Pit__.. Y_.f___. Depth to ground water.._./1l�/_.l��vA/ Lz. Test Pit No. 2... ---'.2-minutes per inch Depth of Test Pit .....II!.... Depth to ground water...-_tllrLd_T_1�_�VA1 b ...._ 7�=' T_.._ _'.._.a_ �. _..... ..... .........�• S__- D Description of Soil..... -� .:._ ��V12 ..._ ...:S.11 ?.59.!i----•-••-•--=-------•.................................................. W V Nature 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 TITLE 5 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 health. Signed...................................................................................... .--^-.....Date---•--•-^---- ApplicationApproved By.................................................................................................. Date Application Disapproved for the following reasons:................................................................................................................ ..................................... ...........................................•-•------••.....__....-•••-•---••-•-• _...-•-•------•-••---....--------•------.......................................................... Date I PermitNo........................................................ Issued................................................. Date THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH ........................................OF.......... �rr#if irtt�.e of �unt�rlittttr.� THIS IS TO CERTIFY, That the Individual Sewage Disposal System constructed ( ) or Repaired ( ) by........................•----•-•--............................................................. ----------••--------•---........_......---•------..........------•-•-•-•••-••-•...---•••--•---- Installer at has been installed in accordance with the provisions of TITLE 5 of The State Sanitary Code as described in the application for Disposal Works Construction Permit No......................................... dated................................................ THE ISSUANCE OF THIS CERTIFICATE SHALL NOT BE CONSTRUE® AS A GUARANTEE THAT THE SYSTEM WILL FUNCTION SATISFACTORY. DATE.................................... ...........-..._-....................... Inspector...................................................................................... THE COMMONWEALTH OF MASSACHUSETTS-- `' BOARD OF HEALTH :..........................................OF........... ... _....................................... No......................... FEF........................ lhapowd Works Tunn#rnrtion Permit Permissionis hereby granted.............................................................................................................................................. to Construct ( ) or Repair ( ) an Individual Sewage Disposal System atNo.............................................-----•----- Street as shown on the application for Disposal Works Construction Permit No..................... Dated.......................................... ...................................................................................................... DATE..............•--•-------.... .............................••••......_..---•---- Board of Health FORM 1255 HOBBS & WARREN. INC., PUBLISHERS i I No.......................... FEs............._............... THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH ....... U.w N..----....OF..... �2 n�ST/4)3 4. ...... Appliratiuu for Digaaal Works Tunntrurttutt Urrutit FG/Z. /5 v iL D /A/r,- fa (,IAII 7S 57 7-/�IZL,/ Application is hereby made for a Permit to Construct ( --for Repair ( ) an Individual Sewage Disposal System at: qV2 � q/V41 ...:'.....� .........M....�:../...... !z��.l--•-��1iZ: kicl) . {�- r ........................................... Locatign•Address or Lot No. .....................<t!/ P/ C,12 !1O/s�[= .< ..................... ..................•-- -• • W Owner Address ,.a ----....-•---------------------- ----------------------•----..... Installer Address Type of Building Size Lot....V,74_ _/.Sq. feet Dwelling—No. of Bedrooms-------f 0............................Expansion Attic ( ) Garbage Grinder ( ) aOther—Type of Building ............................ No. of persons......... . showers ( ) — Cafeteria ( ) Otherfixtures .----•---•-----••---•--•-•-•-•------•--••••......................... d Design Flow......---••-••-•--��- .................. !.�.. ._...... W g S.................gallons per person per day. Tota�d�il f ow................. : tx Septic Tank Disposal capacity. sl� gallons Length..._l°� Width.ld: .___ Diameter._._.__---:_... Depth._:" / W _7..-•-•-•-- x Disposal Trench—No......:=........... Width......r.......... Total Length......... ......... Total leaching area..._.._.....__. sq, ft. 3 Seepage Pit No......, .... iameter._.... ..... Depth below i�et._.._ -�...... .. Total leaching area-� .... C. Z Other Distribution box ( ) Dosing tank ( ) / _j`7pl9' 4—P7i '-' Percolation Test Results Performed by../.3'J'�.....6.' ... Date...... �?..:.... Test Pit-No. l.....L z-.minutes per inch Depth of Test it.. L...._.... Depth to ground water..__�r�%.. Gv�, � � Gt. Test Pit No. 2.... _Z...minutes per l�td'i57De I-of fes .... .... ......... Depth to ground water....._. UT / vu> -------- .. _.�;t.�x'._...6d.__ � ..r�._ r.• ............................................................•--...........__...... O Description of Soil..._(>.. <� .... ivU ...jv ... --••------...- x a %- iu �, S`✓ d�t5 7=�� ---&--� S-�t�-P.----••--- (� --••---•-•- -•......................•-•--...............---............---....................••--......._................. W U Nature 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 TITLE 5 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 health. Signed....................................................................................... ................................ Date ApplicationApproved By................••-•-•-•.....--••.........._._..._...•-••--••-----•---••-•-•----•-----............ ........................................ Date Application Disapproved for the following reasons:................................................................................................................. ..............•--------..........--•--------------.....-----............-•---........--.•..............--.--•------..........-•••----•-----•••---•-••••••-----•••-•...--••--•-•-....------•-•-•••----•-•- Date PermitNo......................................................... Issued-........................................................ Date i THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH ..........................................OF.......... ..................................... (9rrtif irate of Tuutptittttrr THIS IS TO CERTIFY, That the Individual Sewage Disposal System constructed ( ) or Repaired ( ) by.......................................----•••--••--------------- ----- ------•--------••-••••----•-----••••••-------•--•--••------ Installer at......................•............................................................................................................................................................................... has been installed in accordance with the provisions of TITLE 5 of The State Sanitary Code as described in the application for Disposal Works Construction Permit No......................................... dated................................................ THE ISSUANCE OF THIS CERTIFICATE SHALL NOT BE CONSTRUE® AS A GUARANTEE THAT THE SYSTEM WILL FUNCTION SATISFACTORY. DATE................................................................................. Inspector....................................................................._............... THE COMMONWEALTH OF MASSACHUSETTS w BOARD OF HEALTH ..........................................O F........... ... _....................................... No......................... FEE........................ Ropooal Worho Tonotrudiun rrrutit Permissionis hereby granted.............................................................................................................................................. to Construct ( ) or Repair ( ) an Individual Sewage Disposal System atNo.................................................................•...................... ....__.......... ....,...__....... _ -................ Street as shown on the application for Disposal Works Construction Permit No..................... Dated.......................................... .......................................................•-----.........................................._ DATE.......................................................0.......0................ Board of Health FORM 1255 HOBBS & WARREN. INC., PUBLISHERS MEMORANDUM TO BOARD OF HEALTH FOR THE TOWN OF BARNSTABLE REGARDING APPLICABILITY OF GROUND WATER RETENTION RULES & REGULATIONS TO PROPERTY AT 942-944 WEST MAIN STREET, CENTERVILLE OWNED BY CAMILLE ZAINO, TRUSTEE OF KNAPP REALTY TRUST SUBMITTED BY CHARLES S. MCLAUGHLIN, JR. , ESQUIRE MYCOCK,KILROY, GREEN & McLAUGHLIN P.C. 171 MAIN STREET, HYANNIS, MA 02601 771-5070 SEPTEMBER 2, 1986 SUMMARY OF FACTS This memorandum is in support of petitioner ' s application for a sewerage permit for property located at 942-944 West Main Street , Centerville. The property is shown as Lot 55 on Assessors ' Map 249 (see Exhibit "A". attached hereto) . and is located in an RD1 district . The property is also shown on Land Court Plan 10747C as LOTS D5 and D6 . The land consists of 1 .13 acres or 47, 661 square feet and has some 125. 85 lineal feet of frontage on West Main Street . On April 17, 1986, the Zoning Board of Appeals for the Town of Barnstable held a hearing on petitioner 's request for a Special Permit to allow the construction of nine (9 ) residential units at 942-944 West Main Street in an RD1 zoning district for the above-mentioned parcel. The Board voted to unanimously grant the Special Permit to allow the construction of nine (9 ) residential units. The Board found that this would be a good use of the property, the site would be upgraded by this proposed construction, one of the purposes of zoning is to protect property values and to promote the public good, and in addition, this would provide much needed residential apartments • in an area suitable for such. (A copy of said Decision is attached hereto and marked Exhibit "B" ) . The petitioner ' s property is not located within a zone of contribution to a public supply well as defined in the "Ground Water. Protection" regulation (a copy of which is attached hereto and marked Exhibit "C" ) and as identified in the Town of Barnstable' s plan thereof . ARGUMENT The Board of Health for the Town of Barnstable adopted Ground Water Protection rules and regulations on September 6, 1983, which became effective on Septmber 8, 1983, after being p published in the Barnstable Patriot . It is the position of the petitioner that the water resource protection regulations for the Town do not compel the petitioner to connect his proprety to the town sewer line and that he is entitled to a septage permit as a matter of right . Upon review of said regulations, it is apparent that the third paragraph is inapplicable to the petitioner 's property because the apartment construction is not a "subdivision" , is greater in size than one ( 1 ) acne, and is not within a zone of • contribution. Paragraph four is also not applicable even though the construction is for a multi-family dwelling because the project is not within the zone of contribution. THe fifth paragraph does not apply because this is not commercial construction. Finally, the sixth paragraph is not applicable because although a new structure is involved, construction • -2- will take place on property that is more than one (1) acre in si ze. Thus, it is clear that the Ground Water Protectionn regulations fail to cover the factual situation presented by the petitioner ' s application for a septic permit and he does not need to seek a variance from the Board's requirement concerning connection to the town sewer. . When construing the meaning of these regulations, it is appropriate to rely on rules of statutory construction set forth in Massachusetts case law. It is generally followed that the plain language of a statute is the primary indication of its meaning . Moynihan vs Town of Arlington, 6 Mass. App. 960, 961, 383 N. E. 2d 547, 548, ( 1978) ;_ Hoffman vs. Howmedica, Inc. , 373 Mass . 32 , 37, 364 N.E. 2d 1215 ( 1977 . Statutory language, when clear and unambiguous, must be given its ordinary meaning . Casey vs. Mass. Electric Co. , 392 Mass. 876, 467 N. E. 2d 1358, 1361, 1984 ; Bronstein vs Prudential Insurance Co. , 390 Mass. 701, 704, 459 N .E. 2d 772 ( 1984 ) . Language should not be implied where it is not present . Com. vs Galvin, 388 Mass. 326, 446 N.E. 2d 39.1, 394 ( 1983 ) . As a general proposition, restrictions on the use of land are strictly construed and any doubts are resolved against them. See American Unitarian As.s 'n. vs Minot, 185 Ma-ss. 589, 71 N.E. 2d 551 ( 1904 ) ; Ward vs Prudential Ins. Co. , 229 Mass . . 559, 565, 13 N. E. 2d 41 ; Donog ue vs Prynnwood Corp. , 356 Mass. 703, 707 , 255 N.E. 2d 326 ( 1970 ) . Thus, the Board of Health reaulati.ons should also be construed narrowly and in favor of the unfettered use of land. ( See copies of relevant case law attached hereto and marked Exhibit "D" ) . Under these clearly accepted principals, it is impossible to reasonably construe the Ground Water. Protection regulations as applying to the petitioner 's property. The property in question does not fall into any of the categories covered by those regualtions . As such, the petitioner is entitled to a sewerage permit as a matter of right and need not seek a variance. Respectfully submitted, Charles S. McLaughlin, Jr .Esq. Attorney for Petitioner Mycock , Kilroy, Green & McLaughlin P.C. PO Box 960, Hyannis, MA 02601 771-5070 2526j i .mac... '�SRi\ •.�'-:R";s-y-w)�•l'^^w^r wv-.'�:.�FTT P7.' .^.'T�'t'..C.w .1 Y -"L,r r' _ •- _t.a. :mot.. - .- .-t '... _t.."' - 1.°mot ti. —a s� 1 ... .1,....+wa. .. . 10 ♦..t tit,..:.. ' sM'atw.cr►r. �•►ww.*-r�Y w w 'Yrt +r ...-•..a+•w`t..ta+�S v.,.w* -.-.i 1s+.Jt w+•: ,_ ...}..... �` �,s.l ��t� �k�E'+'`t-�• s!.t 5t,t t. ..r t�_:F pti'.�tT x v ftrajc .•;v .,r} ,; �,,' ry�JFt�r;.!rr Lt. '4 -"ts•�i s r/'._' e� 9 9 4 � aAP� •b , to 61 �s i 6 66 ` / it _ tl r e`vEpER ��pC 8 78 t9V 36A; G � .c � e,P-C a )g 60 2 Y 6 A- 8 0 �., 96 Ae I b♦ ' . � fly r L k t'41- !� f S r '4 T JT ♦of � �I \ I 59 �B a♦„• i AC Ix 1 j1S t �► ` •o N 9 titP °1 } ►e e� = 19 '♦ to W S > , 11l j bS AC '51 AC y } i b � a o N . I 28 20 t AeAc, i le!s.cuy 4 cow c f6sC J ` CD /J .4,5 AC 319 20.4c cc 50 I tc.4 (� i �9AC S r ICE L AA 102 6,j fe AC Z t t< 22 tS sti Sa i �`. oyS, � RREC D IN REGISTRY OF DEEDS f".';, IN COMPLIANCE WITH SEC. n &TOWN OF BARNSTABLE CHAPTER 40A, M.G.I. � Zoning Board of Appeals nri lif pzld-and- ope;t---» Deed duly recorded in the David R. Hosie Property Owner County Registry of Deeds in Book -„X_Zaino .._?r.......„Knapp._Realtyr.„.Trust Page __..._.__.._._. __.. _ . Petitioner „�' District of the Land Court Certific No. Ff /�f 3 l•o?S j) e —)- -C /0-7 ......._........_..... __._................. Book ....................._ Page ............._... Apptal No. ' 1986-34 FACTS and DECISION Petitioner ' Caxt[ten Zaino, Tr., Knapp Rlty Tr. filed petition on _...................................... 19 requesting a variance-permit for premises at ....___„942 & 944w�...„Moir. Street .„` .......... in the village• (Street) ' of Centerville adjoining remises of o P _. ------ (see attached list) __......._.._....._... Locus under consideration: Barnstable Assessor's Map no. __ ? ,,,_........ lot no. Petition for Special Permit: Application for Variance: ❑ made under S"a• of the Town of Barnstable Zoning by-lawn and Sec. ._„._..._................____„_.._.__....._.......... lJhapter 1(A. Iass. Den. Laws for the purpose of ._._. to con tr t_ r%n ].lm_uni.h&_............._......... _._.._....._...__..._„.__.............. Locus is presently zoned in_ „,,.> -•�_„__„______ _ Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and h publishing i Y P Bn newspaper published in Town of Barnstable a copy -of which is attached to the record of these proceedings filed with Town Clerk. A public hearing by the Board of Appeals of the Town of Barnstable ivas held at the Town Office Building, Hyannis, Mass., at 8:15 P.M. April 17, 19 86 upon said petition under zoning by-laws. Present at the hearing were the following members: Luke P. La- y Ronald Jansson ...................._................_................_..._....... . Gail Nightingale Helen Wirtanen � n a At the eonclusion of the hearing, the Board took said petition under advisement. A view of the locus was made by the Board. A` peal No 1986-34 Page _......_._ _. of On Jay 10 " w 19 _,afi , The Board of Appeals found Attorney Charles McLaughlin represented the Petitioner who is requesting a Special Permit to allow th&-construction of nine (9) residential units at 91.13 42-94ac Westes. main St., Hyannis in an RD-1 zoning district for a parcel of petitioner has provided the Board with a revised Plan, and has agreed to waive time constraints with the submittal of a letter indicating sane- The new Plan indicates the elimination of the decks, and in addition, this has allwoed for the building to be set back in order to buffer 'zone, as well as retain the offset give the necessary . Attorney g parking from the completed structure. McLau hlin completed that the newly submitted Plan does comply with Section M of the zoning by-laws. The elevations to remain as the buildings to be 2h story with a pitched roof. Previously indicated; Helen Wlrtanen made a motion to grant the relief and letter from Att sought, per the revised Plane 2 orney McLaughlin - Gail Nightingale seconded the motion and an 'nded same'wit 1:stipulation that no over hanging balconies be constructed � ; to second story not over hang the first story, as opposed to a balcony - balcony into the twenty foot (20) recess. setback zone. The Board voted unanimously on the amendment to the main motion. The Board voted unanimously to grant the Special, Permit to allow the construction Of nine residential units at 942-944 West Main St., Hyannis. The Board found that this would be a good use 6f :the property, the site would be upgraded�sed construction, and one of the by this �1ues and to Purposes of zoning is to protect property promote the public good, in addition,this will provide much needed residential apartments in an area that would be suitable for apartments All construction to be in accordance with the revised Plan submitted by•the .Petitioner and subject to the provisions of the State Buij:bng Codes. S ,�,,,, _. Cicrk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty"(20) days have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this ..1.. ' day of __ 19 1 penalties of perjury. under the pains and Distribution; Property Owner TownClerk ......................._........_........_.........................................._............._...__._._._... Miard of Appeals Applicant Town of B sta e Per ons interested /�'' B1 9 Inspector Pu c Information ' ^ ----_ � ._�, Board of Appeals Chairman Bec•<•re eIl L L.l e JCI U, l OJ, nI L ri ✓L 11:6 j U I . &I Cu IIt L{{G I i i L .I I . . Ll 1Ql yo�THE To TOWN OF BARNSTABLE OFFICE OF D'$" r & BOARD OF HEALTH � i639'D 367 MAIN STREET YAV�' • ' HYANNIS, MASS. 02601 GROUND WATER PROTECTION The Board of Health, Town of Barnstable, Massachusetts, in accordance with, and under the authority granted by Section 31, of Chapter 111, of the General . Laws of the Commonwealth of Massachusetts, hereby adopted the following rules and regulations after a public hearing at a meeting of the Board held on Septem- ber 6, 1983. PURPOSE: The protection of ground water in the Town of Barnstable The ground resources of the Town of Barnstable are its sole source of water supply. It is now known and demonstrable that public supply wells draw water from a substantial land area. It is known from experience that high density housing can over time cause serious deterioration of ambient groundwater by nitrate contamination. It has been proven that nitrate contamination in drinking water can be a serious public health problem. Calculations performed by Cape Cod Planning and Economic Development Commis- sion indicate that housing units placed on one acre parcels will produce the maximum recommended planning limit of 5 ppm. nitrate-nitrogen in ground- water. • Proposed subdivisions within 3,000 feet of a municipal sewer line shall connect all building lots in the subdivision to the Town sewer if any lots in the subdivision are less than one acre and are located within a zone of contribution to a public supply well. Zones of contribution will be determined by the Board of Health. All new multi-family- dwellings within a zone of contribution to a public supply well within 3000 feet of a municipal sewer line shall connect to the public sewer. All new commercial structures within a zone of contribution to a public supply well within 3000 feet of a municipal sewer line shall connect to public sewer. Outside of the Zones of Contribution to Public Supply Wells, any new construc- tion on lots of less than 1 acre that are within 3000 feet of a sewer line shall be considered for mandatory connection to said line if the Board of Health determines that onsite sewage disposal systems will contribute to the degradation of the water quality of private wells, lakes, ponds or coastal embayments. • -.r • VARIANCES to the regulation may be granted by the Board of Health after a hearing during which the applicant proves that the installation of onsite sewage disi)er':ai systems will not have a significant adverse affect on surface or subsurface r public or private water resources. The Board in granting variances will considc; t if strict interpretation of this regulation would do manifest injustice to the applicant; however, the applicant must demonstrate that the same degree of environmental protection required by this regulation can be achieved by other means. lRert r latio is t� take effect on the date of publication of this notice. L. Ch lds, hairm Ann Jane—Esh augh •:� H: F. Inge, M.' 'D. � BOARD OF HEALTH' TOWN OF BARNSTABLE i I APPROVED 1!S TO FORM Asst. Town Counsel :'Carle opera Live 01-1 ...i1-ch 14 , ?�74 , a _ to t'_ 1 licot10n Zn t}i� l �':G' 10�� �=_r1Ci.-:rG ,i ..es . TOWN OF BARNSTABLE �44 7N E Tp` i OFFICE OF BOARD OP HEALTH i STSBL i moo 26 9. 397 MAIN STREET �-CID V,ri .� HYANNIS, MASS. 02601 Januarv23_ -------.__197y LEG?L NOTICE GROUND i �TEFt In accordance with the provisions of Section 31 and Section 127 , of Chapter 111, of the General Laws, Regulation 2 of '_rticle I and Regulations 7 and 9 of Article XI, of the. Sanitary Code of the Commonwealth or Massachusetts, and for the protection of the Public Health, the Town of Barnstable Board of Health adopts the following regulation : Disposal Fields and seepage pits shall not be constructed in areas where the maximum ground water elevation is less . than live (5) feet below . the bottom of the disposal field; provided, that in ins��-Inces where the undisturbed soil consists of porous sand or gravel with a percolation rate of two minutes or less per inch, the maximum ground rater elevation may be not less than four (4) feet below the bottom of c_<c disposal field 9 seepage pits. Ground water determinations shall be =. e during the nths of December through April when the ground water table is at its highest level. This requirement may be waived by the Bo-rd or its authorized agents if weather conditions, and the". locati*�, of the property, soil structure and other related data establish that a test :.lade at some other time of the year will produce the same results --col--riling maximum ground water elevation as would be obtained if the zest ere ;lade during the months of Dece.-nber through April. If a waiver is crL.rited, the Board of Health reserves the right to make allowances in determining maximum ground v.ater elevation. This regulation is to take effect on the date of nur- :: c=tion of this notice. _ TO,,N OF BARNST--FELEE OF HEALTF: Robert L. Childs , C: - ,_nn J,4ne ,Eshbau:,": Gerald Wl. ' Hazara,- proved as to form : t Henry L. IMurphy, Tolv.m Pounsel .y: 548 Mass. 383 NORTH EASTERN REPORTER,2d SERIES MOYNIHAN Y.TOWN OF ARUNGTON Mom, 547 CUS44 uMyp.,UsN.Ud$47 3.Towns 0-29 three thousand dollars. In the Town properly exercised its authority case of a town,the board of selectmen shall, Anne G. MOYNIIIAN In establishing a formula with an income subject to subsequent disapproval or modifi- ' limitation to determine amount of annuities cation by the town meeting, grant such V. to be awarded to qualified widows of annuity and determine the amount" (em- TOWN OF ARLINGTON et al, retired town employees under statute. phasic supplied). The plain language of a M.G.L.A.c.82§95A. statute is the primary indicator of its mean- Appeals Court of Massachusetts, ing See Commonwealth v.Cove,366 Mass. », Middlesex. - John F. Maher Aast Town Counsel,Ar• 851,354,320 N.E.2d 900(1974),citing Com- , :+.:. Argued Nov. 16, 1978. rnissioner of Corps.&Taxn.v.Chilton Club, lington,for defendants. 318 Mass. 295, 288, 61 N.E.2d 335 (1945). Decided Dec. 27.1978. Martin S. Cosgrove and Lewis C. Eison- While the statute prescribes a mandatory berg,Quincy,for plaintiff. maximum amount for annuities,it does not Town retirement boar! determined Before GRANT,ROSE and BROWN.JJ. establish a mandatory minimum amount that widow of town employee retired under In clear language, the Legislature has a noncontributory retirement law was enli- RESCRIPT. granted broad discretion to municipalities tied to a nominal annuity of one dollar which accept the provisions of § 95A and [g The defendants appeal from the because her annual income exceeded a car- judgment enteral in the Superior Court in has left the ultimate determination of the tain amount,and widow brought action for an action by the plaintiff for declaratory amount of any annuity to be granted to the declaratory relief. The Superior Court en- relief under G.L. c. 231A. The plaintiff voters of the town. Accordingly,the judg- y.'n joined defendants from enforcing income applied to the Arlington retirement board ment is reversed,and a now judgment is to limitation and ordered them to offer plain. in 1975 for an annuity under G.L. c. 32, be entered declaring that the town of Ar- tiff an annuity and to determine amount §95A,as amended by St. 1963,c.656,§2, Imgton properly exercised its authority in thereof consistent with spirit and intent of accepted b the town of Arlin establishing a formula with an income limi• P p y Arlington in 1cer- tation to determine the amount of annuities legislation. The Appeals Court, Middlesex providing for payment of annuities to cos- ( County, held that town properly exercised lain widows of town employees retired un- to be awarded to qualified widows under Its authority In establishing a formula with der a noncontributory retirement law. .At the statute. f ' an income limitation to determine amount its 1964 town meeting,the town established So Ordered. of annuities to be awarded to qualified wid- a formula for computing the amount of ows under statute. such an annuity: one half of the employee's r Judgment reversed,and new judgment regular annual compensation or $1,400,. to be entered. whichever is loos, deducting from that amount any income received by the widow In excess of$800 per year(changed in 1972 1.Statutes 4-188 to $2,200 her year). Since the plaintiff's Plain language of a statute la primary annual income exceeded $3,600,the Board indicator of its meaning. determined that she was entitled to a nomi- 2 Towns a29 nal annuity of one dollar. The trial judge enjoined the defendants from enforcing the While statute providing for payment of income limitation and ordered them to"of- 4 annuities to widows of town employees fer the plaintiff an annuity and to deter• retired under a noncontributory retirement mine the amount of said annuity consistent ., law prescribed a mandatory maximum with the spirit and intent of the legislation amount, it did not establish a mandatory We reverse the judgment on ,1. minimum amount and,in clear language,it the basis of the plain language of § 95A: granted broad discretion to municipalities "[A) town which accepts this section . which accepted provisions of statute and shall grant an annuity to [the employce's] left ultimate determination of amount of surviving spouse in such amounttown.. M.O any .G.L y AAto be granted to voters of as it may determine,but not to exceed one .a 82§95A. half of the regular annual compensation b. Mus.App.Ct.Adv.Sh.(1977)1132. received by such . . . employee or ` n i - { 1216 Hasa. 364 NORTH EASTERN REPORTER,2d SERIFS HOFFMAN v.HOWMEDICA.INC. Mass, 1217 1218 Man 364 NORTH EASTERN REPORTER, i..� HOFFMAN v.HOWMEDICA.INC. Man 1215 u.rat...saf dtasuu . m.awn-sae N r..13u exrtsa of 645,000 entered after u verdicts rat component of the 'shall apply to gain made on or after the t)ve direction•we cannot interpret§2-316, claims. The Governor thus recommended - - must be remanded to the Superior Court for with manufacturer,where oases injury Do- in favor of the plalntiffn. The basis of the The condition w corroded device." effective dale of this act" Since the set as amended,to apply retroactively. City the adoption of the language which home -- • '' - Burred after effective date of statute obvi. plaintiffs' claim was that the defendant y 1>nt. by an operation was approved on August 18,H171,It became Council of Waltham V.Vinci! 86t Men pad of SL1973,a 7W. The defendant ar- on Ma pert testimony was effective ninety days later,Mom Legisk adoption of this Judgment reversed sting need for privity of contract. M.G. was negligent and had breached its wanan- presented at the trial relative to the do- qg,The Referendum,I. N81 m However, gues that the ture'e ado Verdict set aside. LA.e.106§2-312. ties of fimees and merchantability(C.L a fendant's negligence in the manufacture 49,T that there was a thin the argument is P language indicates its sole concern was with 2 Saki eta) - 106.§2-314)in the manufacture and sale and testing of the device. The parties have Pored assumption.tut The faulty fact oper�te Life and wi.of the etatuta f limits. , of an artificial hip prosthesis,the failure of stipulated tar the "We"a of the set, the into on such is that the statute scan in fact a prate Lines and not with the creation of abala6- Elimination of privily requirement be- which after implantation by an appropriate P WrP°ce of this appeal "sale"as wall as the implantation of the retroactively. The elimination of the pr(ri• five rights e Surol..mttfurw.vpu tween manufacturer and user of goods ac- all . procedure Wooed the plaintiff �t the evidence was sufficient to allow a prosthesis p�ded the effective date of ty requirement accomplished by§2.318 has _ PP eomplished by statute has as its evident lyanfred T.Hoffman(the plaintiff)ai avf• finding that the defendant was negligent in the act(November lk 1971L makes this as its evident purpose deemphaseing the 14.61 The diffieulty with Ne argument purpose the emphasizing"agile"transaction the manufacture of the device and that the version of 2-318 inapplicable to the In. 'ale"transaction and looks instead to the is that it overlooks a salient principle of fer damage. The jury returned verdicts for 4 DP - - and looks instead to harm which may result defendant had breached its implied warren- slant ease harm which may•result from defects con- statutory construction, rmrttelY• that the Y the plaintiffs on the counts of the complaint y language itself is the that the ` from defects contained in items in com• tin of fitness and.merchantability- twined in items in commerce which ma• statutory Ian which sought recovery,based on the defend- However,in 1979,the Legislature again i source of insi t into the I 'lative meree which may cause injury to the sasspal by agwt section ®use injury to the etav of plaintiffs sldxi- gh - ant's alleged breech of the implied wamo- In to far a the jury verdicts were based amended§2�18 striki mmonwealth r, Gove,366 sues. Manfred T.HOFFMAN et aLl of 06f 2-3tiffs specified la statute. M.C.LA. ty of merchantability and.found for the on the defendant's breach of implied war- moat recently amended by SL3971,c.670. fled in the statute. Cf. Berry i-. G. D. L e 106§2�18. - defendant on the counts charging IF. rant.and not .Searle A Ca,56 III?d 548,553,309 N.E2d %51, 354, 320 N.ETd 900 (1974L Aso• rgi g nag y rhegligenwe,the only issue for 4 1,and inserted in its place the version set 5W(1974). Viewed in this light. where the language of the statute is - r - - HOWMEDICA,INC. 3.Sales e273(2) - gence. After the jury verdicts the defend• decision is whether the plaiatiff.may recov- forth in SL1973,a 750.44 1,2 Of rele• 8 ti.4 2�16 Bu ge plain ant moved for judgment notwithstanding er on that bans,in the absence of privily of vance to this can is the fad that the new saes rrot operate retroactively but proapec- and unambiguous,sa prophem,r source Mato- 1973 statutory amendment abolishing, version of§ 2-318 contained a two-yeartirdy in the sense that it affords protection ryis not ordinarily a proper source of oon- Supreme Judicial Court of Maasaehusetts, - the verdict,MaaaRCip.P.50(b),365 Mass contract with the defendant C.L a 106, W a proper plaintiff whose injury ate slroetioe D.N.Kelley A Son v.Selectmen Essm privity between manufacturer and Isar of statute of limitations for actions bin goods in warranty actions does not operate SId(1974),on the basis that there was w § 2�18, as appearing in SL3973,a 750. brought evhderrce of privily of contract.between the under the sections as well n a section about after the effective date of the 24 Fairhaven,294 Man 570,nsid r N.E9d Argued March10,1977. retroactively but prospectively in serve that To put the roue in perspective,a brief amendment.s 241(1936) We note that a consideration of it affords protection to proper plaintiff parties at a time when the applicable law - which stated in relevant part- "Section 2- the defendant's arguments in this regard Decided July 6,1977. 1 1 I P review of the history of the section is in whose injury came ulruul ufter effective required privity n a basis for recovery in a this m amended by section old of The defendant's second contention is that 1 7 warnnl• action. The trial judge denied order. haft appeared originally in wealth', the legislative Mato of the statute indi- adds n° further merit to its contentions. date of amendment M.C.LA.a 306 2- - y 1 g this act,shall apply to injurieshistory 4 the motion and entered'ud a 7�•4 1,sa part of the Commonwealth's ales that the strict,literal readies of the Judgments User of artificial hi prosthesis brought 318. J gmenU in sass which ootor after the effective date of this g gmeaU affirmed. ➢-c gh with the' verdicts The defendant then adoption of the Uniform Commercial Code, action alleging negligence and breach of - Jary set' statute results in applications beyond the 4.Statutes a1810) filed a notice of appeal. On the motion of § 2-318 gave members of a purchaser's intent of the Legislature. In particular,the warranties of fitness and merchantability Salient principle of statutory construe- both parties we granted direct appellate family,household,and guests the benefit of Both parties seem to agree that the last- defendant points to the !act that when against manufacturer. The Superior court, warranties received the buyer b virtue gaggle of§2 of the act,if mad literally, Lion is that statutory Ian itself is can- review. The nee is before the coon on a by y y riue what beanie St.1973,e.Tso,was sent to the Essex County,Good,J.,following jury ver• cipal source of insight into legislative pun statement of agreed facts approved by the of G.L c.106.§2.314,inserted by SLI957, would apply to this age,since the injury Governor for signature the crucial language dicta for user with respect_to breach of a 765,§1. In essence,the section eliminal• Occurred after the effective date of SL3973. . pose trial judge. MaesRA.P.8(d),365Maat 849 in§2 made the section applicable to"ales warranty and for manufacturer with no- - e 750. The plaintiff,n might be ex (lg7q), be the requirement of privity which had D pttted, made on or after the effective date of this apttl to negligence,denied manufacturer's 5.Statutes teI90 been squired for recovery by previous law argon that the a the only permissible in- The 1973 House Doc.No.4935. The Got,- motion for judgment notwithstanding the Where language of statute is Bain and - The facts.in afar as they are material, terpretation open to the court The defend- h show that 1971, a had its genesis an u der- but did o only for the limited class defined. ant,on the other hand, takes a contrary Kith returned the bill W the Legislature verdict and entered judgment ur the ver• unambiguous;Source of history is not unli- tembcr 9, 1971,when the plaintiff under- IA Uniform laws Annot.U.C.C.,comment with an accompanying letter, 1973 House ' diets. The Supreme Judicial Court granted narilp proper source of construction. 2 to§2-318(1976). See,e.g.,Hale s•. view and aceka to avoid the result urged by Doc No.7117,in which he ex con- - - requests for direct appellate review, The went an operation to ameliorate a condition y the plaintiffs by suggesting that the plain- expressed ' � known n degenerative osteoarihritia The Allied Chem Corp., 953 Mass. SLi, 231 care that the means by which the I.egiala- Supreme Judicial Court, Liatm, J., held operation by which a device manufactured N.E.2d 149(19,41 tiffs'reading of the statute is in error. We lure inserted the two-year statute of limits. - that user was entitled to recover for breach William H.Shaughnessy,Boston•for do- examine the defendant's argument . lions in of warranties of fitness and merehantabili- fendant by the defendant in August o! that year The section was completely rewritten by - 4 2�18 (rejecting the four-year was implanted in the plaintiffs hip ens,sa SL1971,e.670, 1. The amended version 11-0] The defendant's primary contest- provision of G.L. e. 106, § 2-725) euulll ty despite absence of privity of contract Lawrence B.X'ernick,Breton(Thomas D. § Lion is that,in the absence of a clear 1 la- result in the extinction of acme preexisting between himself and manufacturer. far as could be ascertained,successful. eliminated the defense of privity in any suit Burns, Breton, with him), for plaintiffs. The sure of apparent aueceas remained against a manufacturer•seller or supplier of 3. Statute 1974.C.153.inersased she Judgments affirmed. - DfN DP trc nod to cots Gan of reasoning. Since the leO+lalure Before HENNESSEY, C. J., and until May.1974,when the plaintiff found goods,in an action for breach of warranty, dum Yvan. mum be presumed to know the preexising I...BRAUCHER. WILKINS, LIACOS and himself unable to hear any weight on the "if the plaintiff was a person whom the 4..The defendant attempts to boron its position are since we must try to read subsequenh m. by the aettarrel m harmonY with rash Other.HadMv replaced ins owed" the 971aamendt mint intact nd argues that the , Amherst. — Mass -- (MasswM•Sh. ._ .... 1.Saks se272,273(Z) ABRAMS,JJ. 10 pain. A subsequent manufacturer might seasonably examination showed"a fracture and result- have expected W use,consume or be affect- 341). - • User of artificial hip prosthesis could try ofleaf of;tot the 1973 aft was to define f1977) ]60 N.E.3d 623(977),we DeG.ve _ recover against manufacturer for breach of LIACOS,Justice. ing separation between the rounded head ed by the goods.' Section 2 of the act the time horn whim lessors.who were fw Last the effect of acre Lanp-11,a ssuc,co usw- . implied warranties of fitness and merchant- The defendant appeals from sad and the narrowed neck of the metal Isola. provided that the new version of§2-318 included by rime of the 19T3 amendment. col won the apyare l kgulatite hmmt.is to judgments would become liable. However•this imerpre- expand the tits of plaintiffs who asar claim ration diaregarda the fact that St.1973.e.750,Wilily despite absence of privity of contract of the Superior Court awarding damage in 2. In Grtrr v.)•ard/n i Co.,319 MASS.92.N treat{Fence suit Herr,the tun•found for the me warranty protections of G.L.c.106.;1 N."d 623(1946),the pri-fly rvgOi,—,was defendant on the question of car li ;2.the efres- it Of the.so kafes oval e a acoce so that after the ould be dear of Me an. Thal 3N. 1. The named plahu{ffa wile was also • WnY to the scum and recovered for baf of � elimiMled as an element Of•esufe Of anion cale decision la of m benefit 10 the plaintiffs. �� consortium. of;7 would be surplusage under lit defend- consortium. -a purUurt and nunulanurer his - ar.ow.a..-arwtara . i 1360 Mass. 467 NORTH EASTERN REPORTER 2d SERIES CABBY v M�AcHuseTm ELEr CO. khan. 1361. 1358 Mass 467 NORTH EASTERN REPORTER 2d SERIES CASEY..MASSACHUSE77S ELEC.CO. u- 1359 ar.s«IMMU uY ad-fault.. " -....___.........,.. can rY7wt34Un taro,taam relief. I . caw 392 Usta.976 where that procedure would secure ooi 9.Appeal and Erser 4tw9Q f�7 removal relocate of his pole, i permit overhead electric to transmission a and dlsThaktellm. In=O Pr t deserts that the doe- not apply.however,risen the issue is hick the plaintiff to rekrnte ks home within the lion lines be temporarily eenaved Thor, Primary joriseietion teq�that erovessy turn on question of law which William J.CASEY formity,and consistency in regulation of Although h was Out necessary to con• city of Lynn G.L.c.233A,i t A judge wires and cables would have to be discos this matter be referred to the D.P.U.for an have not been committed to agency diacae•. . business enus trt to ed particular agency .or Sider on appal issue not included among of the Superior Court reported four ques• elected Utility poleG.L.a IL would have to be advisory ruling. See G. 30A,k The dou" Id at 221-222.396 N.E2d 211. Twhen issue involve technical questions of questions reported by judge,Supreme Ju Tuns to the Appeals Court on a statement removed and replaced with temporary emDany, e argu that'matters pertaining t Construction of if M. Get"' MASSACHUSE77S ELECTRIC fact uniquely within eapertiae and expert vial Court would state its views,where of agreed facts. Sea G.L a 231,k Ill. structure during the aum to electric utilities are uniquely the prow laws a m 166,k 39,as amended by SLI95k COMPANY. aloe of agency. defendant had responded to argument _ par.k M...RCfv.P.64.365 Nam 931 The plaintiff asked the company,which ince of the DPU,"contending that"the C.130,provides that if a person seeking to Supreme Judicial Court of Massachusetta. 4.Administrative Low and Procedure without objection to fts being raised,and (1974). We Manalerred this Eerie to this provide Lye residents,service to Ly residents. DPU is uniquely able to understand the move a building over public ways needs the Essex. 40-228 result would Out change consideration of coal an our own motion We conclude to perform the necessary wok on Its line. issue of allocation of house moving coats -wires.of a-utility company"ant.d'umn• Argued March 9.1994. Doctrine of primary jurisdiction does question that company must bear the The company responded that it would be, a .. the �data neeted or removed, the company shall expenses regulatory atrue not a when issue in controversy rtrm 10.Eleetridty v9(7) o cutting or removal of its"wise"but the cast of cutting and removal of the re. us, company concludes"[this forthwith cut. disconnect w remove the .. :....�._:r: Derided Aug.ZT,1981. PDIY 7 not the additional mess incurred in the matter.ahould be]considered by the DPU same"if such - on question of law which have not been Became co public authority had re- ezPc wires.but flat the plaintiff would ha•e to pennon has fort served the committed to agency discretion quired that electric company more its bell• temporary removal of its poles in order to pay a$15,000 fee before it would ewe the ... even if the DPU is unable to provide company with timely notice of the location _ Plaintiff brought snit seeking judg• tie,electric company was not under com- permit the plaintiffs home to be moved poles. The plaintiff then served the comp. relief." We do not agree. of the wires and the time st which the . rent declaring that electric company was a.Statutes 4-199 morrlaw obligation to bear entire mat of We also determine that Ube principle of ny with formal notice wader G.L a 166. � (2) In this tase.'jo]o exclusive statuto• Person wants the wins removed. Section obliged to assume certain costa.including Statutory language. when clear and removing its facilities in order to allow Primary jurisdiction rims Out require a refer- k 39,demanding that the company assume - ry remedy precludes declaratory relief co� 39 further provides that if the company temporary removal of its poles,to permit unambiguous,must be given its ordinary passage of plaintiffs home. cox to the Department of Public Utilities all costs related to the temporary removal cerning this controversy." Metropolitan neglects or mfuses to cut or remove its meaning. (D.P.U.)in order to obtain a construction of of its line. Dist Police Relic Aas%a Commissioner w� after a proper request has been Plaintiff to relocate his borne. The Super► 11.Common Law all j or Court.Essex County,Bennett,J.,report• the startle: A declaration of the right ofThe Deny etirruted total cost of of/na,347 Mass.686,669,200.N.E2d 245 made,"the inspector of wires,or the select- or question of law to Appeals 6.Electricity c mpa7) h ltee legislation b n i been enacted the parties consistent with this opinion the work necessary to permit the house (1964). See Neso England Poorer Ca n. men of a town having no such inspector' PPes Court,and Electric company was required n bear while sans t have been intended to cover Should be entered en in the Superior Court mu remove the wires and recover of the Supreme Judicial Court transferred ssse on whole subject relocation to be approximately 735.000. Of Selectmen of Amesbury,989 Mass.69,70 y its own motion The Supreme Judicial expenses of cutting w removing its )ec to which it relates,it raper, See Attorney Gen v.firnco Oplin.Ina, this amount.*20,000 is attributed to e• n.4,_4Q N.E2d 648(1983k School Comm company the cast of so doing. Court,Abrams,J.,held that: 1 principles "wires" but not additional expenses in, sedes common law. - 369 Mass.41Z 418,340 N.E2d 868(1976). penes directly related to the cutting and of Greenfield v. Greenfield Edaa An I51 1]re ()PAP - plaintiff asserts that the word of primary jurisdiction did not require ref- tossed m temporary removal of its poles in The plaintiff is the owner of several par, removal of wises. The company does cot 395 Mass.70,76,431 N.E2d 180(1982). "wires"in k 39 is generic and embraces all emlice to Department of Public Ublffies in order to.permit plaintiffs home to be Robert L Marder, Lynn, for plaintiff. eels of real estate located in the city of dispute (lability for the =,000 amount The issue is one of statutory construction equipment used to transmit electricity order to obtain construction of in moved M.G.LA.a 166,1 39. Lynn This controversy arose out of his-.The remaining$15.000,for which the cam. Well established is the principle that"[t]he awn or across the public ways. 'The y wait B Nicholas J. DeNitto,Janie A.CalBsoq recent efforts to trans a souk lams seeks reimbursement. H P Ys• atatuto,and(2)electric company was re. T.Statutes 0-21LS Westboro,for defendant ' P� H lF Deny Lis sst>'lbed b duty of statutory interpretation is lot the difficulty with this argument is that it over quired to bear expenses of cutting or rr house from one of these lots to another.' the projected cost of engineering work to courts." Cleary tt Cordullo Si Inc;347 woks a salientprinciple of statuto con- - s that legislative red a ul word writ statutory moving its"wires"bat not additional ez• Before WILKINS, LTACOS, ABRAk(S � The plaintiffs plan for the house rdoca- survey the proposed route,temporary coo- Maas 337,344,198 N r 9A 283(1964). atnlction.nmely, that the suwtory tan• ' eaten that a has in law, peculiar and aP struetion of le replacement and associaF Penes incurred in temporary removal of and LYNCH,JJ. lien contemplated that it be moved over Po P ¢vane itself is the Prisseipal source of 1n• propriate meaning in law,legislature is pre- ed labor costaa The d (7,4) We add that the doctrine of psi its poles in order to permit plaintiffs home _ Lyn public ways a d ctsnx of spprozi judge reported foot sight into the legislative Purpose,' Ho sumed to have intended to use term la its 4 nary jurisdiction requires prior resort to Q to be moved. ABRAkfS.Justice. ma41y one and onrhalf cola. In order amasses man a Homvmedieq Inc.373 Mars.32,9T, ' ordinary sense. -. an administrative agency-where that pro - Order C J Willi iff accordingly. The plaint , am J. asey sought a for the house to pass unobstructed through (1) 1. Primary jurisdiction. The W N.E2d 1215(3977). 'IS]latutory lave• . the sera eedun would secure']n]nitormity and err- 3 : &Statutes�'1'32 judgment declaring that,pursuant to G.L. tS it fa necessary that certain company disputes the appropriateness of sisteney in the regulation of business en- gauge.when clear and unambiguous.must Statutes in same field are to be con- c.166.k 39,t the defendant.Massachusetts 2. Our rmisaion of the facts is derived principal• owned buidir s effortsa taking.1 company trusted to a particular spricy,."or"when be given its ardinn• meaning... -Bros- 1.Declaratory Judgment s'�125 aimed together,if possible,so as to form Electric Company(company),is obliged to I.from the ancmcnt d atr.ed fan.inaorpo- property with-,compensation.to vi lition d the issue involves technical question of .rein v. Pradrntial Ira. Cm, 390 Mau Principles of primary jurisdiction did harmonious whole assume certain costa,including the east of eased in the report, where necessary.this has Federal and Massachusetts mu pmoess fw•rao• fact uniquely within the expertise and ex. 701,704.459 N.E.2d 772(1994). Hashimi not require reference to Department of been .ppicantmd b.'reltr-to a ldisi-L lees,and(4)G.L.a 166.1 39.as cottarued by rienx of an agency." Nader r.Allen br a Kalil, 398 Nam 607,610.446 N.E.2d Public Utilities in order to obtain construe. 1. General Law.a 166.k 39.as amended by me m orun t. If the company,cals refuses to dn;s..d I-.provided'In the p.nia.brief. the Appeals Coup 9rm 1n .ab.r7 v.uumq: SLIM.a 130.pro.tdec-vhnra rr.in order cut.dncotrnect or.ernor<wires as bent ads• and in oral ny Airlines,Inc,426 U.S.290.303JW,96 1397(19831. Lion at statute under which plaintiff sought to move a building«f«any other necessary fort provided,the in,pm«d srtrea of the arsur'K*t htaaaApp.O4 362.363.312 N.F1d 219(19741 is D H violative d Federal and Maasarhusetu equal S.Ct. 1978, 1986-1997. 48 LEd.2d 643 16.71 It is der that the ordinary lexi judgment declaring that electric company purpose,.person darts that the wires d any ackamen of a town ha.ieg no such incpeuw. - L The plaintiff doe.raw d' . such men or same to be cut dtsoaenotad« apnea the camp.nva slat a d principle i.teas it place the fins. United tctfn Far Ealf Con 4475. r. cal cote support of the term"wire"'does not allowton d costa cal burden d ltmssacucsg betas sore model. quoting / 6 was obliged to assume certain costs toper- -pay 4e cm'd(.mnttectd«.ettsovd, ,,,,y c.,,Y � United States, 342 U.S.57U,574-575.72 include sv structures used w the _ re�mavemmwnr shalt forthwith cot discen«ct« retssoed.and the city-«town racy retsna•d private e(retrtc aaropad.a but not o ttanie:. pDart mit plaintiff to relocate his home- M.G. the sa nc.if the person dealing this a the company to con ract she eapeasc of as tb 4. The py 49Z 494N95. 96 LEd. 576 (1952), transmission w distribution of electricity. - LA.e.166.k 39. be dame has first left.wrttwm u.s<ment.signed rd1) re d-,i she fdte..;y 9«v oec w cause n<karie musics See by him d ih<time when:and the pia«.dc, tnc• reMlar the the plaintiff to d'pio sd jurisdiction Because caw interpretation t end applies ion d See Murphy tc Admieulnlar of flu Diu In other words,"wee"ordinriW does not '• - 2.Statutes 4d176 scribed The companies 1".1 wo in k de an ddirad y. and.d the plaintiff a seek he advisory for so dip a 166,4 39,resultses in the revolution a sh;. b. g by refe.etae a cis arms:tsP or arana - o/Personnel Admire,377 Maas.211.YZI, mean"pole." Unless legislative usage of «highways,when•be wishes a repave Yid el<. 166,4 31.a include•srry r-,paey. ruder G.L.a]OA.k s.lh•the D.P.U.prier a dispote v is not necessary to mns:der tM ts.e 386 N F 9A 211(19T91 The doctrine"two the word`wire"indicates out it has"act Duty of statutory interpretation fa for wire as the office d the company in the coy« owrsar or aa«iation arscribcd a.antra.t.ao .ahanning judicial relief:(2)G.L c.166.6 39. ces ahwiorul is- S.tune v.Desna..+ . courts. town where such assumed-n clan ty-and lomy<hr«'The eompaae dc-W ry u_ten she e-q--bear all caw.is, 57c n.1.119Nh F..io r.F.riat 375 Yeses 394, place a A A'wire'is'usually tvery ei dedar rod'curie d (car 9L ad 1,a«tlo Cade c a m'a k 12516 cad in Gl<.166.4 71,include tlsa.e'iotspo• cured to rensort temporarily Ns e9utpmaat a 405.376 N C]A%I II07I1.citing Cowrrr.w. very fleaib(t and adrerrW to 1197gt ud are tuiubk 1«earryip.n clause offerer the hose so sated,ar.such D there is,in meal. -.. 1.Administrative Taw and Procedure office.U he has depasttd such aosemant in miss veld...1«the tnmmts.an d elenric+r Its dbw�pn:mi(fs'Iroeros to be nro.d.«only tun/rA s:Brnlrn.374 Mau.7M,7<!-N9.3N - elms aac.i«s.• Webaeis thaw fail Dictionary .wren.acs 23a Cad<Ma.a-Ties 9 I23.40(3) ea228 post allies.poauge prepaid.and directed a the heti s. h-mc« power.' sAmr-A oy v. thote ca noses relattre.to lu,_,mF Or tvmov• N.F-24 120.7 11979L See I.Bann r.Dewy. Doctrine of comps.•.1 its rife.«arm to said place,scan Mnae4 7 M-App.0.362.364 r a 2 312 st of wires:U)a raQrrireeram that the company 387 Mau 60.613.614 Ai a 4.442 N.E2d 19 supp cad cad typically when road it ehnric (10744 Do administrative jurisdiction R days before the time tsotioned in said close NE.id 219(1974). bear cpm assoct.td-&it • supply.won typically are<oatd with tenurial• quires prior resort to administrative agency ea^"a privately (19s34 9t 1362 Maas. 467 NORTH EASTERN REPORTER.2d SERIES Its transmission facilities. Id at 305. Irsl quired a peculiar and appropriate messing which could become very costly for the considering whether a Federal statute entP in law,"we ascribe to the Legialadire an company and its customera,s tied the telephone company to such com- :: " intent to use the term in its ordinary sense,See G L C.4,§ 6,Third See ablo Cortcon We also note that an earlier version of Pe"sataa, the Court noted that "[ujnde4 § $9 St. 1869, c. 141 § 1 the traditional common law rule, utilities; an V.S. Kresge CO.,313 Mass.299,303, sons desiring to move a building to"cut o have been required to bear the entire coati 47 N.E-2d 2S7(1943). otherwise disconnect the wires of any tale- of relocating from a public rightof--way! graph company, or to remove them fenrrt whenever requested to do so by state orb 181 We also look to the entire statutory the poles or frtures to which ,they an local authgrities"(emphasis supplied). ld 1- scheme to determine the meaning of the attached"(emphasis supplied)." Nothing at 307• See generally 4A P.Nichols,Emi word"wires"since "statutes in the same in the subsequent version of this envision neat Domain § 15.22 (3d rev. ed. 1981 field are to be construed together,if possi suggestsP (grant to utility that it should now be construed ty of permit to use public way ble,so as to form an harmonious whole." differently from the earlier enactment, is subservient to public travel and to pare-1 Mercy Hosp.a Rate Setting Comm ts,$81 We conclude that the defendant need not n oust police power). See United Elea Mass.34, 40, 407 N.E.2d 337 (1980). See bear the costs associated with the tempo- Light Co.v.Deliao Constr. Co.,315 Mass.i Negrvn v,Gordon,373 Mass.199,201,366 rary removal of its poles or other support 313,316,52 N.E.2d 553(1943), Natick Gas I N.E.2d 241 (1977). General Laws c. 166, structures, Light Co. v. Natick, 175 Mass. 246, 248-; § 21F,inserted by St1969,c.882,in defin 249 b6 N.E 292(1900). The short answer ing terms states that "temporary reloca- 19j 3 Common law. The plaintiff ar• gues that the company is under a common to the Plaintiff's argument is that no public lion"shall mean"removing"or'elevating" authority has electrical conductors from poles! General law duty to bear the entire cost of remov- _ Y requested that the company Laws a 166, § 38, provides penalties for ing its equipment from a public way when- move its facilities. Contrast Natick Gas,P ever necessary to allow passage of a build- supra.at 247-249 (utility company must the unlawful injury or destruction of"any ing ru along that route." Relying on Norfolk bear cost of removing pipes when required line,wire,pole,pier or abutment,or any of Redevelopment & Hous. Auth. a Chesa- to do so by city acting under statutory the materials or property of a utility cam- peake &Potomac Tel, Co.,—U.S.—, authority). The principles on which the pany.1 Thus, the term "wire" is used to 104 S.Ct 304, 78 L.Ed2d 29 (1983), the plaintiff relies are therefore inapplicable to indicate only one type of utility company plaintiff contends that the common law has the present case.ar Moving a privately equipment, rather than as a generic term not been repealed, and that regardless of owned h throughout G.L.c. 166.8 ouse is an extraordinary use of the G.L a 166, § 39, the company must bear P y public ways for a purely private purpose. 14 The plaintiffs contention that such a the entire cost of his house move. We do See, e.g. Tandy v. Wichita, 126 Kan. 103, i reading"result[s]in a tortured nonsensical not agree, 105,266 P. 930(1928); Kibbie Tel. Ca v. ). interpretation of the statute" is without 110,111 In the Norfolk case, a tele Laxdphere, 151 Mich. 309, 313-314, 115 merit The Legislature well could have phone company sought compensation from N.W.244(1908); Collar v.Bingham Lake . believed that the company should bear the the local government agency responsible Rural TeL Co.,.132 Minn. 110, 113, 155 cost of cutting the wires but need not bear for an urban renewal plan which required N.W. 1075 (1916); Central Dist. &Print- t he cost of moving lawfully located poles, the telephone company to relocate some of ing Co. V. Davis, 17 Pa.D. 1036, 1042 6. These definitions1 are specifically concerned 10.- The emphasized Ian ( 908). _ with G.L c 166 P gunge was omitted as au. §§21A-2rE Nevertheless, perfluous by the commissioners responsible for Our answers to two of the reported ques- they indicate a legislative awareness that the the consolidation of statutes in.the Public Stal- tions are that the company is not under any word'wire'does not include'pole.' uses of 1892. Pub.Stata,c.109,§ 17. See Res. _ 7. For a discussion of the interrelationship and 1880.a 46(providing for consolidation;author- obligation to assume the costs associated t parallel development of the provisions now set izing commissioners to 'reject superfluous With the temporary removal of its poles to forth in G.L c. 166.§§38 and 39.see Shremu- words-). facilitate the plaintiffs house move, and bury r.Munro•2 Mass.App.Ct.362.364-367,312 that because the sole issue i5 one of statu• N.Ud 219(1974). 11. The plaintiff has raised an issue not included g•.See among the questions reported by the judge. tOr1' construction, the doctrine of primary eg..G.L c. 166, §§21,22,22A-221,23. Thus,this issue need not be considered on ap. jurisdiction is not applicable. 24.25&30.31.32.33.35.36.37.38.41 and 42. peal- See Royal ladem- Ca s: Blakely, 372 9. The plaintiff relies on A.M. Richards Bldg. Mass.36.88.360 N.E.2d 864(1977). However, 12 We therefore do not reach Camay's argument ; - Afovine Ca v.Boston Elec.Light Co., In Mass, since the company has responded to this argu. that G.L c.166,§39.has left the common law 265,74 NZ350(1905). That case, however, meni without objection to its being raised,and undisturbed. We note, however, that where � concerned costs associated with the coning of because the result will not be changed by our 'legislation has been enacted which seems to wires, not the removal of poles, and thus is consideration of the question•we shall mute our have been intended to cover the whole subject i inapplicable. views• to which is relates, it ... supersedes the com- 4. L t r 772 Mass. 459 NORTH EASTERN REPORTER, 2d SERIES �; BRONSTEIN v. PRUDENTIAL INS. CO. OF AMERICA Mass. 773 Clte as 449 N.E2,1 772(Maas. 1984) 390 Mass. 701 2. Statutes Q-190 against conversion of redevelopment rental property and condominium of coop- Frank BRONSTEIN et al. Statutory language, when clear and projects into condominiums into common erative ownership results in residential use, unambiguous, must be given its ordinary 'i law and thereby apply prohibitions of con- they do not serve the same demands from The PRUDENTIAL INSURANCE meaning. ; version to cooperative conversions as well, same tenants, and thus redevelopment au- COMPANY OF AMERICA et al. 3. Statutea�188 since, as there exists no common law re- thority had to consider application as if it When use of ordinary meaning of term (d garding cooperatives upon which to apply were application for original approval of (and a consolidated case'). _ legislative policy, such action would project,and entire original product as con- in statute yields workable result, there is A 121A amount to judicial legislation. M.G.L.A.c. ceived would be reviewed in connection Supreme Judicial Court of Massachusetts, no need to resort to extrinsic aids such as q.; c. 157, with proposed changes. M.G.L.A.c. 121A, Suffolk. legislative history. ,§ 18D; ch. 121B, § 1 et se § 3A. §§ 1, 18D; St.1960,c. 652,§ 13. Argued Oct. 6, 1983. 4. Statutes o5188 t:.: See publication Words and Phrases Decided Jan. 5, 1984. Statutory language is principle source 9. Statutes 6-203 for other judicial constructions and Supreme Judicial Court cannot insert definitions. of insight into legislative purpose. words into statute even if injustice or hard Tenants residing' in rental apartment 5. Landlord and Tennnt c,a64 ship results from failure to do so where buildings brought class action in housing Inquir}•as to whether proposed,r nv,•r. language of statute, taken as a whole, is Douglas G. Moxham,Boston(Judith Gail court seeking declaratory and injunctive re- sion of rental units in 1ydeve1q,1,wo1 clear and unambiguous. Dein and Herbert W. Vaughan, Boston, lief against landlord's proposed conversion project would fulfill puldie purpuae had io 10. Condominium e 3 with him), for The Prudential Ins. Co. of of buildings to cooperatives. The case was be directed to redevcluluuent uuthuritY.and America and others. removed to the United States District inquiry of Supreme Judicial Court was lira- Conversion and Tenant a353 Court for the District of Massachusetts, ited to ascertaining compliance with stan- Conversion of rental housing in cede- Saul A. Schapiro, Boston, for Frank which certified questions concerning con- dards by which authority was to determine ve Lives it project a condominium or coop- Bronstein and others. i i- whether articular proposal would fulfill eratives is"fundamental change"in project struction of statute regulating condom n P P P g g Before HENNES EY C.J. and LIACOS um conversions for the purposes of urban public use and benefit. St.1960, c. 652, and subjected landlord to 1975 amendments S prohibiting condominium conversion, redevelopment. The Supreme Judicial § 13. even ABRAMS, NOLAN and LYNCH,JJ. Curt,Suffolk County,Nolan,J.,held that: where rental property was redevelopment Court, 6. Municipal Corporations a63.1(5) project undertaken in 1965. M.G.L.A. c. NOLAN,Justice. statute providing that new units of rent- r f approved Scope of judicial review of redevelop- 121A, § 18D; St.1960,c. 652, § 13. A judge of the United, States District al housing constructed as part o PP inert authority's actions includes correct- urban redevelopment project could be con- y Court for the District of Massachusetts has in .errors of law and applying substantial 11. Condominium«3 su- verted to condominiums did not apply to g Landlord and Tenant a353 certified two questions , this court d, 382 conversion of rental housing to coopera- evidence test to factual findings on public ant to S.J.C. Rule 1:03, as amended, 382 coves,and(2)application for a condominium use and benefit, but Supreme Judicial Although conversion to either condo- Mass.700(1981). These questions concern P miniums or cooperative would ultimately amounts t fun- Court does not have authority initially to P y the construction of G.L. c. 121A, § 18D, or cooperative conversion a ou o Ph ose. lead to sale of rental housing redevelop- inserted change in redevelopment project determine what constitutes public purp inert project, it would also change nature 'nserted by St.1975, c. 827, § 19, which St.1960.C.6a_.§ 13. regulates condominium conversion for the - 6 en•1 ?hu- subjec??d landlord to 19:? of project from that of rental property to purpose of urban redevelopment in Massa - Pose P t Condominium property owned by tenants and others,and chusetts. The two questions pose issues of Landlord and Tenant Sa: therefore, in ease of condominium, each first impression. The facts which we set ment pivject-s, even though project itself On review,Supreme Judicial Court did unit purchaser, or in case of cooperative, forth are taken from the order of certifica- was approved in 1965. not need to be concerned with motives of corporation, had to receive approval from tion which also contains the questions to be Questions answered. applicants attempting to convert rental redevelopment authority when purchasing answered. housing located in redevelopment project to interest, and owner of rental housing had The plaintiffs in the consolidated class condominiums or cooperatives, since pur- to receive approval from authority for any 1. Landlord and Tenant a353 actions are tenants who reside in three pose of applicants in proposing conversion proposed conversion which would change Provision of statute prohibiting units was wholly irrelevant, if project would existing project. M.G.L.A.c. 121A, § 18B; rental apartment buildings owned by The of rental housing constructed as part of P St.1960, c. 652, § 13. Prudential Insurance Company of America approved urban redevelopment eliminate substandard or decadent condi- (Prudential These apartment buildings PP p project ). from being converted to condominiums tions. M.G.L.A.c. 121A,§§ 1 et seq.,18D. 12. Condominium 6--13 are located at the Prudential Center in Bos- does not apply to conversion of rental hous- 8. Constitutional Law e-70.1(8) Landlord and Tenant +&-353 ton and they are called The Gloucester,The ing in project to cooperatives. M.G.L.A.c. Supreme Judicial Court could not incor- Conversion of redevelopment project Boylston, and The Fairfield. The tenants 121A,§ 18D. porate legislative policy behind prohibition from rental housing to cooperatives or to are attempting to prevent Prudential from t. John Wolbarst&others vs.Robert Heinen& others. condominiums would constitute "funda- pursuing its plans to convert these apart- mental change" in project, since although ment buildings to cooperative housing. 774 Mass. 459 NORTH EASTERN REPORTER, 2d SERIES BRONSTEIN Y. PRUDENTIAL INS. CO. OF AMERICA Mass. 775 Cite as 459 N.E.2d 772(Mass.1984) + In 1962, the Boston Redevelopment Au- ants in order to further Prudential's con- tidwellingnccomp"cooperative"whichnea each o ner concerning We conclude lack f at the ublicargu argument t approved (BRA) and the mayor of Boston version plans.= acquires an interest in the entire complex should be directed to the BRA. The Legis- constr c Prudential's application for the and a proprietary lease to his own apart- lature has provided specific standards by construction of the Prudential Center as Ill Question One. Question one asks: part of an urban redevelopment project as "Does the provision of Massachusetts Gen- ment. Black's Law Dictionary 302(5th ed. which the BRA is to determine whether a der G.L.c. 121A. In the proposal,Pruden- era]Laws Chapter 121A,Section 18D,that 1979). A "condominium," on the other particular proposal will fulfil a public use tial reserved a future option to construct states, 'No units of rental housing con- hand,describes"a single real property par- and benefit. St.1960, c. 652, § 13. "Our residential units within the project area. strutted as part of an approved project eel with all the unit owners having a right inquiry is limited to ascertaining compli- In 1965, the mayor and the BRA approved under this chapter may be converted to in common to use the common elements, ante with those standards." - Prud Boston Ed'en 'tial's plans to build three con with separate e d ow e residential omtn:ums pursuant to this section' P ownership confined to the son Co. v. Bosto n Redevelopment rental apartment .E. meat Auth. tment bui p p kings. (emphasis supplied)apply as well to convey- On April 12, 1982, Prudential proposed sion of rental housing to cooperatives?" 267 (5th ed. 1979). A condominium there- Since the actual proposal is still pending the creation of three cooperative corpora- We answer this question in the negative. fore is a statutory creation, G.L. c. 183A, before the BRA,our inquiry on this matter tions to which it would convey the three The tenants .argue that the statute separate and distinct from a cooperative, would be premature. The scope of judicial residential units. This proposal has yet to should be read to include both condomini- G.L.c.157,§ 3A. This is clear from§ 18D review of the BRA's actions includes cor- be approved by the BRA. In spite of the ums and cooperatives. First, they assert itself which specifies that the provisions of recting errors of law and applying the sub- lack of approval, Prudential proceeded to that as a matter of linguistic analysis,mod- G.L.c. 183A,shall govern unless otherwise act in accordance with its"resident conver. ern condominiums and cooperatives are in- indicated. It is equally clear that G.L. c. publistanc al evidence test to factual findings s. 183A, does not govern cooperatives. The public use and benefit,among other things. Sion program." eluded within the use of the term "condo- Id. at 96-98,371 N.E.2d 728. See St.1960, First, Prudential notified all tenants of minium." Through an oversimplified de- fact that each is governed by separate leg- c.652,§ 13. However,we do not have the its plans to convert the three residential scription of the general characteristics per- islative enactments fortifies the conclusion that the word "condominium" does not in- authority initially to determine what on re- apartment buildings to cooperative owner- taining to each,'the tenants suggest that a totes a public purpose. Moreover, on re ship. Second,on various occasions Pruden- condominium and a cooperative are the elude within its meaning the term "cooper- view, we need not be concerned with the tial outlined the three options available to same for purposes of the statute. Alterna- alive." , y, they contend that motives of the applicants under G.L. c. each tenant. These options were purchase tivel no substantive The tenants discuss at great length the 121A. The purpose of the applicants in relocation with a relocation allowance or difference exists between cooperatives and evolution of G.L. c. 121A. As originally proposing the conversion is wholly irrele- continued occupancy for one year with a condominiums for purposes of G.L.c.121A, adopted, it was an attempt to eliminate ado , p or d if a project will eliminate substandard waiver of the relocation allowance. Final- because, regardless of which method is substandard living conditions in urban ar- ly,Prudential formally notified the tenants chosen,the conversion must serve an iden- eas by utilizing private capital to revitalize or decadent conditions. that their tenancies would be terminated tifiable public purpose. They argue that decaying urban areas. St.1945,c.654,§§ 1 Secondly, find that when the word upon the expiration of their current leases. Prudential's conversion plan does not satis- and 3. Although the legislature amended `condominium"is given its ordinary mean- As a result of Prudential's actions, a fy this criterion and therefore cannot be G.L. c. 121A in 1960 to include the con- ing within the statute,it yields a workable class action was commenced in the Boston allowed. struction of commercial, industrial, institu- result. Therefore,even assuming that the Housing Court seeking declaratory and in- g tional, recreational or governmental build- tenants' policy arguments are directed to juousin relief against Prudential's a pro- I2-41 These arguments misconstrue the ings(St.1960, C. 652, § 1),the fundamental the correct forum, we need not resort to p basic tenets of statutory construction. The extrinsic aids such as legislative history. posed conversion, and against any steps, statutory language when clear and unai underpinning of the statute remained the including the termination of leases, in fur- same,i.e.,that such projects be undertaken Hashimi v. Kalil, 388 Mass. 607, 610, 446 therance of the Prudential proposal. The b1guous, must be given its ordinary mean- for a public purpose. See Opinion of the N.E.2d 1387 ,(1983). The precatory Ian- case was removed to the United States i Hashinzz v. Kalil)388 Mass.607,610, Justices, 341 Mass. 760, 776-777, 168 guage of§ 18D characterizes the creation District Court for the District of Massachu- 446 N.E.2d 1387 1983. When th use of N.E.2d 858(1960). of condominiums as an "additional means setts. the ordinary meaning of a term yields a of development of workable result, there is no need to resort a property for the eca- Shortly after commencement of this ac- to extrinsic aids such as legislative history. summary While l agree with the tenants' poses of eliminating blighted, open,certain Y summary of the legislative history, we do dent or substandard conditions in certain tion, Prudential notified those tenants not Id. Moreover, the statutory language is not agree that we should include coopers- areas." The Legislature could not have subject to rent control of an increase in the principal source of insight into legisla- rent. A separate action was initiated five purpose. Hoffman v. Howmedica, tives within the ambit of G.L. c. 121A, intended the inclusion of cooperatives as an alleging that the rental increases were part Inc., 373 Mass. 32, 37, 364 N.E.2d 1215 § 18D, because Prudential's proposed con- "additional means of development," be of an illegal attempt to drive out the ten- (1977). version may not fulfil a public purpose. cause cooperative ownership has been an The tenants believe that the conversion accepted method of development pursuant 2. The plaintiffs in the first class action were not 3. The tenants suggest that both condominiums subject to these rental increases. cannot fulfil a public purpose because Pru- to G.L. c. 121A, § 3, since the statute's and cooperatives are interests in real estate dential's plans arise from.profit seeking enactment in 1945. owned by more than one person or entity which jointly exercises dominion over the property. - - c BRONSTEIN v. PRUDENTIAL INS. CO. OF AMERICA Mass. !77 776 Mass. 459 NORTH EASTERN REPORTER, 2d SERIES Cite as 459 N.E.2d 772(Mesa. 1984) = �:-<.•• pies expressed in a statute that reasonably 227, 172 N.E.2d 696(1961). For these rea-Furthermore, the terminology' used in completely obvious from the wording of the should govern situations to which the stat- sons we answer question one in the nega- § 18D specifically relates to condominium statute. Therefore we will investigate the ute does not apply explicitly." Zapatha v. tive. ownership and comports with the terminol- legislative history of G.L. c. 121A, § 18D. Dairy Mart, Inc., 381 Mass. 284, 291, 408 Question Two. Question two asks: "As- N.E.2d used in G.L. c. 183A, which governs As originally proposed,§ 18D contained no N.E.2d 1370 (1980). In Zapatha, supra, suming question one is answered in the condominium ownership. This terminology provisions for the construction of rental the court applied the policies of good faith affirmative,is Section 18D,which does not is not easily transferable to the separate housing. 1975 Sen.Doc. No. 1568. Ne- and unconscionability as found in the sales and distinct statutory creature,the housing vertheless, the section, as ultimately ap- provisions of the Uniform Commercial apply to 'Projects undertaken' prior to cooperative. G.L. c. 157, § 3A. See Kos- proved, contained these provisions. 1975 Code to a franchise agreement, without 1975, applicable to a proposed conversion tick v. Du ree, 10 Mass.App. 929, 412 Sen.Doc.No. 2130. See 1975 Sen.Doc.No. subjecting the entire agreement to the of Prudential apartments to cooperatives, N.E.2d 1275 (1980) (appropriate terminolo- 2009. Section 18D provides that for each sales provisions. Id. where the Prudential apartments were gy includes "cooperative apartment" and condominium unit authorized,a corporation built prior to 1975, but the application for "cooperative housing corporation"). For will be obligated to construct,manage,op [SI Zapatha, supra can be distin their conversion to cooperatives was filed these reasons we decline to imply that the erate,and maintain within the project area guished from the present situation. There after 1975?" the court applied statutory policy to com-. legislative policy requires that we include an equal number of rental units. Twenty- mon law contract issues, which, for centu- Although our answer to question one is the term"cooperative"within G.L.c.121A, five percent of the rental units must be ries have been within the province of this in the negative,at Prudential's request we § 18D. "[W]e have no right to conjecture constructed for the use of low income per- court. Id. I address the issue whether § 18D will be n contrast,condominium own- what the Legislature would have enacted if sons or families. The latter requirement ership, G.L. c. 183A, cooperative owner- applied to a condominium conversion. We they had foreseen the occurrence of a case may be waived or modified if a housing believe that an answer to the question at ship, G.L. c. 157, § 3A, and urban redevel- like this; much less can we read into the board finds that(1)the waiver or modifica- P this time will avoid future litigation, be. statute a provision which the Legislature tion is reasonable in view of the regional o ment,G.L.c. 121A and G.L.c. 121B,are g purely statutory creations which the Le cause Prude co indicates enting s that it presently did not see fit to put there, whether the. need for low income housing and (2) that ) gis- contemplates converting to condominiums ten- if the omission came from inadvertence or of set low income housing exists within the city lature has always governed. instead of cooperatives. However,we also purpose." King v. Viscoloid Co., 219 or town in which the ro'ect is located in ants' position were followed, we would in P effect be inserting the word "Cooperative believe that portions of our decision relate Mass.420,425, 106 N.E. 988(1914). excess of 20%of all housing units. G.L.c. as well to cooperative conversion. For within§ 18D;because there exists no com- In a final attempt to thwart the conver- 121A,§ 18D. We construe the insertion of mon law regarding cooperatives upon these reasons, we consider it useful to an- sion,the tenants request that we selective. these provisions to indicate that the Legis- which to apply the legislative policy. Our swer question two. Hein-Werzier Corp. V. ly apply the legislative policy behind G.L.c. lature attempted to alleviate the-potential actions would amount to judicial legisla- Jackson. Indus., Inc., 364 Mass. 523, 524, 121A, § 18D, to the present situation and existing dilemma of rental shortages 306 N.E.2d 440(1974). tion. This exceeds our authority. See through common law principles. The ten- and displacement which results from ex- Harry Alan Gregg, Jr. Family Found., Statute 1975, c. 827, § 21, provides in ants assert that the legislative inclusion of cess condominium development and conver- Inc, V. Commissioner of Corp,,;. & Ta2w. . Part: "The provisions of this act shall not mandatory requirements for the construe- sion. See Conversion Condominium Devel- lion, 330 Mass. 538, 544, 116 N.E.2d 146 be applicable to projects undertaken or for tion of rental property as well as condomin- opment: An Issue of Tenants' Rights, 30 (1953). which applications pursuant rt the provi- ium units within § 18D implies that the Clev .St L Rev 99, 100-101 (1981). In ac sio " legislative policy behind the enactment of cordance with this assumption,we conclude he potential hard- . 652] .: :.... ..:. ... . ... .> 1 W are aware 9G0, c G [9 a re of ns of[G L c 121Aj or [St 1 ship and displacement that occurs in a Co- '.. have been filed prior to the effective § 18D was to increase the rental housing in that the prohibition against conversion ofdate of this act ...... On the basis of this the Commonwealth. redevelopment projects approved under operative or condominium conversion and the resulting decrease of available rental language,Prudential argues that the prohi- - While we agree that the Legislature at- G.L. c. 121A, was an attempt to maintain g tempted to alleviate the shortage of rental the status quo in urban communities with housing in urban areas. Comment, The bition against condominium conversion of rental property approved under G.L. c. housing in urban areas,we do not believe it respect to rental property. Regulation of Rental Apartment Conver- 121A, § 18D, does not apply retroactively was the sole purpose behind the enactment The tenants suggest P sions, 8 Fordham Urb.L.J. 507, 512-517 P P ggest that we incorporate (1980). However, even if an injustice or to the Prudential Center apartments, a of G.L. c. 121A,.§ 18D. Another obvious this legislative policy into the common law hardship were to result, this court cannot project undertaken in 1965, prior to the purpose was to allow the construction of and thereby apply the prohibitions of effective date of the amendments. We dis- insert words into a statute,where,as here, condominiums to eliminate blighted, open, § 18D to the proposed cooperative conver- the language of the statute whole, is clear and unambiguous. . "To taken as a agree. decadent, or substandard conditions. The sion as a common law principle. This we g [101 We concur with the tenants'asser- ' Legislature expressly stated this in the decline to do. stretch the meaning of a statute so as to lion that Prudential's potential application first paragraph of the section. "This basic common law approach, ap- adjust an alleged injustice, inequity or for a condominium-cooperative conversion The Legislature's concern with the short- plied to statutory statements of policy,per- hardship could cause a multiplicity of in. would amount to a fundamental change in age of rental units in urban areas is not mits a selective application of those princi- terpretations as each alleged injustice, in- the project and thereby would subject Pru- equity or hardship arose." Milton v. Met- 4. Examples of such terminology are: "units;' and"organization of unit owners." � dential to the 1975 amendments. Statute "unit owners.""common areas and facilities," ropolitan Dist. Comm'n, 342 Mass. 222, 1960,c.652,§ 13,which applies to projects MmDiee.457-459N.E2d-16 PP P 778 Mass. 459 NORTH EASTERN REPORTER, 2d SERIES BRONSTEIN v. PRUDENTIAL INS. CO. OF AMERICA Mass, 779 Cue as 459 N.E.2d 772(Mass. 19&4) 1 ment Aulh., 362 Mass. 602, 618, 289 new project. Only the approval process Commonwealth to permit the creation of within Boston, provides: "After the ap would be the same because a fundamental condominiums within proval project areas by cor- company y th .... may apply to th a project ... the e authority insurance N.E.2d 867(1972), change such as a condominium conversion porations authorized to undertake projects In Boston Edison, supra, the court up- would not involve construction. Construe- under this chapter as an additional means for leave to change the type and character held a'BRA determination that an increase tion,Prudential argues,is a necessary por- of development ofproperty" of the buildings on such project; and the in the height of an approved project would tion of the definition of the term "project" P (emphasis sup- of may rant such application un- P J plied). The use of the word "additional" Y Y K PP not fundamentally change the"essence"of found in G.L.c. 121A, § 1 s indicates that the Legislature intended that less in its opinion the proposed change is a the project. The proposed increase did not We accept Prudential's interpretation of § 18D operate as the sole means by which fundamental one,in which case the authori- substantially change the use of the project the definition of"project"because we must the creation of condominiums may be pro- ty shall proceed as if such application to because the project would still serve the give "and," a conjunctive meaning. See posed. The absence of the term "condo- change were an application for the original same demands for electricity from the Eastern Mass. St. Ry. v. Massachusetts minium" throughout the remaining see- approval of the project." same users. Id. at 1 K 52, 289 N.E.2d 867. Bay Transp. Auth., 350 Mass. 340, 343, lions of c. 121A fu rther enforces this con- [11) Prudential first argues that aeon- [121 The present situation can be distin- 214 N.E.2d 889 (1966). However, the ]an- elusion. version to g guished from Boston Edison supra. Al- guage of St.1960,c.652,§ 13,requires that condominiums or cooperatives � p Mo reover,oreover eve n if we wer e though rental property and condominium the BRA consider an application for afun- to accept Pru- does not result in a change of the project, dential's argument that St.1975, c. 827, a because each type of conversion is merely a or cooperative ownership will result in resi- damentl change as if it"were an applica-dential use, they.will not serve the same tion for the original approval of the § 21, precludes the application of G.L. c. sale of the project which should be gov-' project." Therefore the entire original 121A, § 18D, to its potential proposal for erned by G.L.c.121A,§ 18B,made applica- demands from the same tenants. We maycondominium conversion, the result would assume that the conversion will force some project on conceived will d reviewed in ble to projects within Boston by.St.1960,c. connection with the proposed changes. As be the same. If, in fact, § 18D does not 652, § 12. The language of § 18B con- tenants to move or to purchase the units for fear of encountering a similar occur- such,the construction required for the for- apply to Prudential, our. conclusion that cerns the procedure relating to acquisition mer plans would satisfy § 18D operates as the sole rant of author- of existing projects by associations formed definition of"project." G.L. c. 121A, § 1, ity to propose the creation of condomini- for that purpose. language ur ose. This lan ua a and the Condominium Development: An Issue of ums leaves Prudential without a means b Tenants'Rights,30 Clev.St.L.Rev.99, 103- The new project,i.e.,the former plans plus Y language of St.1960, c. 652, § 13, concern- 106 (1981). Moreover, each form of resi- proposed ang the fundamental change would which it can submit such a proposal to the ' ing changes in existing projects are not dential use demands different obligations be subject to the 1975 amendments because BRA. mutually exclusive. Although either con- from the occupants. We note that tenants the approval will occur after the effective We realize that this interpretation places version will ultimately lead to the sale of in a residential apartment building are re- date of the statute. Prudential in a "catch 22" dilemma as to the project, it will also change the nature quired to pay rent. In contrast,the condo- Finally, Prudential argues that § 18D condominiums because, regardless of the of the project from that of rental property minium owner acquires title to his unit and may not be the only section,which autho- application of § 18D, Prudential may not to property owned by the tenants and oth- thereby assumes those duties required by rizes condominium development. On the submit to the BRA a proposal to convert to ers. Therefore,in the case of a condomini- ownership.. A cooperative owner acquires basis of this assertion Prudential contends condominiums. However, we believe that um,each unit purchaser or in the case of a a property interest in the entire structure that the prohibition against condominium this result is not unjust, especially in light cooperative, the corporation, must receive and an "owners" lease in his apartment. conversion contained in§ 18D would not be of the Legislature's concern with the short- approval from the BRA under§ 18B when Although we have determined in question applicable. Prudential relies on language age of rental housing in urban areas. purchasing an interest. Moreover,Pruden- one that the prohibition against conversion in the ninth a and eleventh 7 paragraphs of Therefore, we see no merit in Prudential's fiat must receive approval from the BRA of rental housing projects to condominiums § 18D to support its position. However, claims. under St.1960, c. 652, § 13, for any pro- contained in§ 18D does not apply to coop- Prudential neglects to point to a section posed conversion, which would change the eratives, we conclude that a conversion to other than § I8D which allows condomini- existingproject. cooperatives would t to a fundamen- o Ectr xuMets srittn p u amount P j um development, i We must now address the issue of tal change in the project. Similarly, we The precatory language of § 18D de- whether the "change" amounts to a "fun- find that condominium conversion would clares that it is a "public policy of the damental change" within the meaning of constitute a fundamental change in the S. General Laws c. 121A, ect. § 1, as amended contained in the application required pursuant tro St.1960, C. 652, § 13. A "fundamental I J through St.1968,c. 761,§ 10,defines"project" to section five .. change" has been defined as one in which Prudential, in the alternative, argues as: "any undertaking consisting of the consiruc- 1' „ Lion . and the operation and maintenance.of 7. The pertinent language in the eleventh para- the"nature and magnitude of the revisions that even assuming that a potential ConVer- of a plan could fundamentally alter the sion would amount to a fundamental such buildings and facilities after construction:' graph reads as follows: "[Olr if the proposed essence of the project." Boston Edison change, the prohibitory language of§ 18D 6. The pertinent language in the ninth paragraph condominium is a project or a portion of a reads as follows: if the proposed condomini- project for which initial approval is sought pur- Co. v. Boston Redevelopment Auth., 376 does not apply. It contends that the tan- um is a project or a portion of a project for suant to other sections... the application shall Mass. 151, 154, 379 N.E.2d 1102 (1978), guage_of St.1960, C. 652, § 13, merely re- which initial approval and authority is sought be transmitted to the appropriate officials of the pursuant to other sections of this.chapter .. city or town in which the project is located:' quoting Commissioner of the Dept of quires the BRA to treat a fundamental Community Affairs v. Boston Redevelop- change as if it were an application fora the information to be furnished ... shall be i 392 Mass. 446 NORTH EASTERN REPORTER, 2d SERIES , 1. Illegitimate Children c�30 7. Illegitimate Children o=23 Indictment and Information e-191 While it is true that almost universal Paternity is not criminal offense and practice upon conviction for nonsupport of does not constitute lesser included offense illegitimate child is that offending parent is o c of willful or negligent nonsupport. M.G. placed on conditional probation, which is E RErRUMBERMTEM T L.A. c.273,§ 15. linked to compliance with support order, fact remains that failure to support child 2. Statutes —181(1),184, 188,205 continues to lax expressed in criminal con- Statute must be interpreted according text and is punishable as misdemeanor. to intent of legislature,ascertained from all M.G.L.A.c.273,§ 15. 388 Mass.326 its words, construed by ordinary and ap- COMMONWEALTH ,.. 8. "- roved usage of language, considered in Statutes �+203. V. connection with cause of its enactment,mis- Where legislature has employed specif- chief or imperfection to be remedied, and is language in one paragraph, but not in Raoul P. GALVIN, Jr. main object to be accomplished,to end that another, language should not be implied Supreme Judicial Court of Massachusetts, purpose of its framers may be effectuated. where it is not present. Plymouth. 3. Illegitimate Children 0-23 9. Constitutional Law c70.1(2) When statute appears not to provide Argued December 6, 1982. Adjudication of paternity may be part for eventuality,there is no justification for Decided March 4, 1983. of same trial which results in conviction of judicial legislation. neglect or refusal to support child,but that adjudication does not survive acquittal of 10. Judgment 0-559 nonsupport,absent separate adjudication of Acquittal of charge of willful or negli- After acquittal on offense of willful or paternity under relevant civil statute. M.G. gent nonsupport of illegitimate child does negligent nonsupport of illegitimate child, i L.A.c.273,§§ 12, 15. not bar future adjudication of paternity defendant appealed adjudication of paterni- under separate civil statute,nor does it bar ty to jury-of-six session. Prior to trial, 4. Statutes G-205 future prosecution for subsequent period of defendant moved to dismiss on ground of When meaning of any particular sec- nonsupport under criminal statute. M.G. acquittal. The District Court, Plymouth tion or clause of statute is questioned,it is L.A.c.273,§§ 12,15. County, Champagne,J., reported questions proper to look into other parts of statute. to the Appeals Court, and the Supreme Judicial Court ordered direct review on its 5. Statutes e-207 Lee M.Berger,Buzzards Bay,for defend- own initiative. The Supreme Judicial If general meaning and object of scat- ant. Court,Abrams,J.,held that,though adjudi- ute should be found inconsistent with literal Elin H. Graydon, Newton, for the Com- cation of paternity may be part of same import of any particular clause or section, monwealth. trial relating to willful or negligent nonsup such clause or section must, if possible, be port of child,adjudication so made does not construed according to spirit of act. Before ABRAMS, NOLAN, LYNCH and survive acquittal of nonsupport. O'CONNOR,JJ. 6. Illegitimate Children 0-23 Remanded for dismissal. Because criminal statute relating to ABRAMS,Justice. willful or negligent nonsupport of illegiti- After a bench trial in the first instance, mate child applies to either parent,it neces- see G.L.c.218,§ 26A,the defendant Galvin sarily does not provide for civil judgment of was acquitted of nonsupport of an illegiti- paternity; rather,it only provides for crim- mate child. G.L. c. 273, § 15. In the inal penalties for parent who neglects or course of the proceedings pursuant to§ 151 I willfully refuses to support. M.G.L.A. c. a District Court judge determined that Gal- 15. vin was the child's father, but found him 1. General Laws c. 273, § 15, as amended by adjudication of the paternity of the child,such SL1979,c.621,§2,provides in pertinent part: adjudication shall be conclusive on all persons Any parent of an illegitimate child . who in proceedings under this section; otherwise, neglects or refuses to contribute reasonably to the question of paternity shall be determined in its support and maintenance,shall-be guilty of proceedings hereunder." a misdemeanor. If there has been any final I .. i COM. v. GALVIN Mass. 393 - - ate as,446 N.E2d 391(Mass.1983) not guilty of wilful or negligent nonsup- other defendants convicted of misdemean- 394 Mom• 446 NORTH EASTERN REPORTER, 2d SERIES Port• ors. See G.L. c. 278, § 18; G.L. c. 218, The defendant appealed the adjudication § 26A; G.L.c.218,§ 27A.4 import of any particular clause or section, confinement, and for punishment by eon- of paternity to the jury-of-six session. G.L. possible such clause or section must, if p t two month (2,3j "(A] statute must be interpreted , be fainpt of court, with up s' c. 218,§ 27A. G.L;c.278,§ 18. Prior to construed according to the spirit of the imprisonment, for failure to comply with trial, he filed a motion to dismiss on the according to the intent of the Legislature act." Holbrook v. Holbrook, 1 Pick. 248, such payment orders. Section 14 authorizes ascertained from all its words construed by 250 ground that he had been found not guilty of the ordinary and approved usage f the (1823). See Registrar of Motor Vehicles a judge to make orders for the care and wilful or negligent nonsupport under G.L.c o e v. Board of Appeal on Motor Vehicle Liab. custody of the child. 273, § 15. The trial judge reported ques- language,considered in connection with the Policies&Bonds,382 Mass.580,-,Mass. tions to the Appeals Court concerning cause of its enactment, the mischief or im- Adv.Sh. (1981) 415, 420, 416 N.E.2d 1373. [6,7] Pursuant to§ 15,a parent may be whether an adjudication of paternity under perfection ,to be remedied and the main See also 2A C.Sands,Sutherland Statutory convicted of neglecting or refusing to pro- G.L.a 273,§ 15,survives the determination object to be accomplished, to the end that Construction § 46.05 (4th ed.1973). We vide support. Because § 15 applies to ei- that the defendant is not guilty of wilful or the purpose of its framers may be effectu- look therefore to the entire statutory ther parent, it necessarily does not provide negligent nonsupport? See Mass.R.Crim.P. ated." Board. of Educ. v. Assessor of scheme to determine whether§ 15 permits for a civil judgment of paternity. Section 34, 378 Mass. 905 (1979). We transferred' Worcester, 368 Mass. 511, 513, 333 N.E.2d an adjudication of paternity to survive an 16, which establishes the penalties for fail- the450(1975),quoting Industrial Fin. Corp. v. acquittal. ure to comply with a support order, 616 442 N.E.2d 19 (1982) "[W]hen th case to this court on our own motion. q P Y pP° pro- We conclude that the defendant's motion to State Tax Common,367 Mass.360,364,326 vides that the father shall be subject to ( ) The Commonwealth's assertion that§ 15 statute a dismiss should be allowed. N.E.2d 1(1975). See James J. Welch&Co. penalties'and orders for payment"[a]fter appears not to provide for an even v. Deputy Gomm? of the Div. of Capital authorizes two separate judgments miscon- tuality,there is no justification for judicia [1] The Commonwealth urgesthis court eeives both the function of a§ 15 proceed- the adjudication and the birth of the r af- legislation." Commonwealth v. Vicke 381 Planning&Operations,387 Mass. 662,666, in proceedings under section twelve,or af- � y, to hold that an adjudication of paternity 443 N.E.2d 382 19,82. think the ing, and the "statutory plan set forth by P Mass. 762,-, Mass.Adv.Sh. (1980) 2355' made in the course of G.L. c. 273, 15, ( ) �[� G.L.c:273,§§ 12-18,for obtaining support ter conviction,in proceedings under[section 2360,412 N.E.2d 877. § plain meaningtioo of the statute is that an for the children of unwed parents." Com_ 15]"(emphasis supplied). G.L.c.273,§ 16,proceedings survives an acquittal. The adjudication of Maternity may be a part of, P as appearing in St.1977,c.848, 1 Commonwealth argues that we should con- monwealth v. Chase, 385 Mass. 461, 462- ppe g § 6. As we [ 0] Since § 15 provides for only on( the same trial which results in a conviction 463,432 N.E.2d 510(1982). Paternity _ read the entire statutoryscheme, finding, strue § 15 as providing for a bifurcated of neglect or refusal to support the child" utes were enacted in an effort to provide gn p § for is g,and]n this case that finding is not trial and two separate judgments--a civil p ovide designed to provide criminal penalties fora 8'uiltY, we remand the case to the jury-of- trial j (emphasis supplied), Commonwealth V. support for children from defaultingparent who neglects or wilfully r six session of the District Court,where the judgment of paternity and a criminal con- Chase,385 Mass. 461, 466,432 N.E.2d 510 fa y refuses to viction of nonsupport. The Commonwealth ;hers. Commonwealth v. MacKenzie, 368 support. defendant's motion to dismiss should be al- ' does not point to an tan (1982; but that the adjudication does not Vlass.613,617,334 N.E.2d 613(1975). Sec- lowed. Po y language in § 15 survive an acquittal of nonsupport. Had ions 12 through 14 of G.L.c.273"contain- [8,9] We are supported in our conclu- So ordered. supporting this assertion, nor to any provi- the Commonwealth wanted a separate adju- date an orderly progression of events, the sion by the language of § 15, which does sion in that section for an appeal of an dication of paternity, it should have com- ;nd result of which is an order for the not penes any appeal procedure except adjudication of paternity separate from an menced a proceeding under 12 that generally available on conviction of a appeal from a conviction of nonsupport. P g § apport of the child." Commonwealth - misdemeanor. G.L. c. 218, § 27A. To Nevertheless,the Commonwealth advocates [4,5] "When the meaning of any partic- obo,385 Mass. 436,493 n. 13,432 N.E.2d reach the result urged by the Common- that we read into 15 the a p q 96(1982). § appeal procedure ular section or clause of a statute is ues- wealth, we have to read into § 15 the ap- provided for defendants whose paternity is tioned, it is proper, no doubt, to look into General Laws c,273,§ 12,provides for an peal procedure of§ 12 1 and the language adjudicated in a civil proceeding pursuant the other parts of the statute: otherwise djudication of paternity and for an appeal of that section which makes an adjudication to § 12 of the statute.' The Common- the different sections of the same statute •om such a determination. Section 12A of paternity"final and conclusive." G.L.c. wealth also asserts that a defendant, ac- might be so construed as to be repugnant, ithorizes a judge, on the motion of the 273, § 12. "Such a reading is contrary to quitted of nonsupport in a bench trial but and the intention of the legislature might leged father,to order blood grouping tests the basic structure of the statute and vio- found by a judge in the course of the pro- be defeated. And if upon examination the any Proceeding to determine paternity. lates the rule that where the Legislature ceedings to be the child's father,has availa- general meaning and object of the statute action 13 authorizes a judge,once paterni- has employed specific language in one para- ble to him the appeal process available to should be found inconsistent with the literal is determined,to continue the case until graph, but.not in another, the language 2. We have refrained the issues in an effort to 4. Paternity,however,is not a criminal offense. a child is born and allows for payment for should not be implied where it is not answer the basic questions raised by the re- See Commonwealth v. MacKenzie,368 Mass. mother's expenses of pregnancy and present." Beeler v.Down port. ey 387 Mass.609, 613,615-617,334 ME 2d 613 (1975). To the ` While"[ilt is true that the almost universal a MacKenzie,368 Mass.613,614,334 N.E.2d 3• General Laws c. 273, 12, as appearing in extent that the Commonwealth argues that we jtractice... upon a conviction for nonsupport 613(1975). § PP g should consider the defendant as convicted of his that]the offending parent is placed on con. St.1981,c.325,governing the adjudi ation of the lesser included offense of paternity, we 'litional probation which is linked to compli• 6. In 1981,the Legislature amended the appeal Paternity provides in pertinent part: "[W]hen reject that argument. Inca with a support such adjudication is made by a district court,if order ..., [t]he fact re- provision in G.L. C.273, § 12,which governs jury of six made after a plea of not guilty, the alleged !gains,however, that the failure to support a paternity adjudications. St. 1981,c. 92. The father may appeal therefrom to a Ihild continues to be'expressed in a criminal Legislature also could have amended § 15 to ntext'and is Punishable as a misdemeanor." provide for a similar session of the district court department." P appeal from an adjudica- ommonwealth v.Chase,385 Mass.461,463, tion of paternity in the course of a nonsupport 2 N.E.2d 510(1982).quoting Commonwealth proceeding but did not. See Hadley v. Am- herst.372 Mass.46.51,360 N.E2d 623(1977). v' Henry W. Putnam, for petitioner. Alphe. which were conveyed to the owner of lot 8 AKERIOAN iJNITARIAN ASS'N Y. MINOT us Sanford and Geo. IL Smith, for respond- In November of the same year, INS. et al. eat McAleer. Harrison M. Davis, for re- It appears that six private four-story brick (Supreme Judicial Oonrt of Massachusetts. eat Minot et al. dwelling houses, each with a swell front }> Suffolk. May 19,IDOL) dwelling to the restrictions, were erected DEEDS—aQt1ITAaLE RESTRICTIONS—DURATION— I.ORING. J. This is a petition under St. on the several lots Immediately after the de. RULE OF CONSTRUCTION. a Claus crest equi- 1889, p. 1108, c.-442, now Rev. Laws, c. 182. livery of said deeds, and were occupied as 1.In case of doubt,a clause creating Is i 11, fu which the petitioner seeks to have residences until 1884 in case of lots 1 and 2, table restriction on the use of realty 1s to be construed-against the grantor, and in favor of it decided that the equitable restriction is when those lots, with the negligible excep- the grantee a right not to have his land re- no longer in force which was created by tions already stated, were sold to the pets, at2.Th. two deeds executed and recorded in 1843, tioner, an 2 The duration of an equitable restriction oa under which 1t claims title. The land of the d, in case of lots 3, 4, and 5, until .. the use of real estate is to be determined by con- y "were removed recently, and the IIotel struing the words used In the light of attending which the parcel now owned by the petition- Bellevue, an eleven (11) story steel frnme circumstances. er was then a part was divided into building structure, was erected In their place, and 8.Where deed of city lots was accompanied b lots at that time by the owners of it, and upon the adjacent part of lot 7, while that y of Bs plea, on which a line entitled "Front Line"dings"was drawn 15 feet from the street, they caused the accompanying plan of it to on lot six (6) has been lately increased two and each deed provided that the front line of be made and recorded. It Is there divided stories in height, and otherwise altered to :.: the house to be built on the lot should be set Into six lots, with a frontage on Beacon at 7t to use in connection with said ho- restb from the street tie marked the plan the street varying from 27 to 33 feet. There is tel." restriction as to the erection of buildings closer than 15 feet to the street applied only to the a line on the plan, entitled "Front Line of The petitioner concedes that the two lots first building erected.. Buildings," which is 15 feet back from the now owned by it were originally subject to Petition by the American Unitarian Asso- northerly line of Beacon street at its easterly an equitable restriction imposed for the ben• elation against one Minot and others De- end, and 20 feet back from that northerly eflt of the other four lots; but it contends tree rendered. line at Its westerly end. All six lots were that this restriction should be construed as IThe following is the plat referred to in the conveyed by deeds dated October 27, 1843, the restrictions then in question were con. opinion: and acknowledged,two on November 1st,one strued lb Hubbell v. Warren, 8 Allen, 178. on November 9th, one on November 10th,one Hamlen v. I{eith, 271 Mass.77,50 N. E.462, mon November 13th, and the other on Novem- and Boston Baptist Social Union v. Boston a her 16th. The deeds under which the plaintiff' University, 183 Mass. 202, 66 N. E. 714, claims title were acknowledged on November namely, to be restrictions confined to the first 1 < c io 9th and 13th. In the deed of lot 2 is this building erected, and which expired when m v clause: "But this conveyance is with the that was torn down. The two dwelling ry A restriction that the front line o:the house to houses erected on the two'lots now owned Zbe built on the lot thereby granted shall be by the petitioner were torn down, as we set back from the Northerly line of Beacon have said, in 1884; and. if the petitioner's r street as marked and loved down on said contention is correct, this restriction on ' plan, except that said Preston shall elect to these two lots came to an end at tbnt time. , Cs build a house with a swelled front and in In each of the three cases already mentioned such case be may piece the extreme swell as cases relied on by the petitioner, there ,r. W a _u,Q,� three feet out from sald front line, and the was an important consideration which does partition walls above the collar floor shall be not obtain here. In Hubbell T. Warren the 1_ of the thickness of one brief: and a half, un- agreement relied on was not found in the �•�e ' °� Z 10 _ �, less the owners of the adjoining lots shall deed of conveyance, but was 1n the form of ieF r N"10 It T+ a y otherwise agree with said Preston and the a collateral oral agreement. What the ex- 7 �2 `^ walls shall be erected on the dividing line of act terms of that agreement were, did not q - 2 vi0 the lots, one-half on each lot, and if the appear. In Hamien v. Keith there was no r. - owner of either lot shall refuse to build on equitable restriction providing in terms fora; ~ n o "Gy I the request of the owner of the adjacent lot, building Tine. To make out such an equitable m �"� 2 1 the latter shall have the rlgbt to erect the restriction, the plaintiff relied on a common- wall and the owner shall pay one-hnlf part low condition imposed in 1795, that "all p F of the reasonable cost thereof,or of such por- buildings to be erected on the lands sold by' tion of the same as lie sbnll at any time virtue of this vote shall be regular and unl-. c F .e c,'C thereafter use. The nbove-granted premises form, and of brick or stone, and. covered Sj N being the same which are delineated on a with slate or tile,or some materials that will �PCC) plan by Alexander Wndsworth as lot No. 2, resist fire." The conclusion of the court is which plan Is recorded herewith in Sulrolk summed up. in these words: "We are of itegistry." In the deed of each of the other opinion that the words are given sufficient lots, except lot 1, Is the same clause, except- force if they are confined, at most, so far se• Ing only the number of the lot inserted in the present question is concerned, to the orig-' the final sentence as the number of the lot anal construction of the buildings first erect- conveyed. There is a similar clause in the ed—those which it was expected would be deed of lot 1. In that clause it is provided erected, and which were erected,in fact,anon that"the house to be built on the lot hereby after the town had made its sales. It seems granted shall be set back twenty feet from to us that It would be going too far to inter- the Northerly line of Beacon street as mark- pret the words as binding the owner of ed on the plan hereinafter mentioned." The every lot Into which the land might be cat Petitioner is the owner by mesne conveyance up to adhere for till time, and under what- veyances, determined by the accident of court upon it The question In Jeffries v. what the first builder chose to do." In Bos- Jeffries, 117 Mass. 188, also relied on by the ton Baptist Social Union v. 'Boston Univer- defendants,was not as to the duration of the cannot be avoided that,as matter of construct sity, 183 Mass.202, 60 N. E. 714, the grantor restriction. The word "never" in the clause tion of this clause, the restriction created by of the deed containing the clause relied on as creating the restriction there in question dis- I It does not go beyond "the house to be.bullt" establishing the restriction did not own the posed of that question. The question in that at that time. If the plan Imports more than c adjoining land at the date of that convey- case was whether the clause applied to the the deed, the provisions of the clause of the deed creating the restriction sacs, which the defendant in that case con- roof of any and all buildings, or was to be g in which the tended it was entitled to enforce. The court held to be confined to the roof of a stable. parties have undertaken to define the ex- passed by that difficulty in the way of the The clause was tbts:. "Provided that the tent of it, must prevail over the characteriza- defendant in making out Its right (a ditii- roof of the aforesaid stable shall never be tion of the line on the plan referred to in the culty like that dealt with in the subsequent raised more than thirteen feet above Olive deed. The lnabendum clause, by which the case of Hazen v. Matthews, 184 Mass. 388, street." It was held to apply to the roof of estate conveyed "subject to the restrictions" 68 N. E. 838), and assumed that it was not any and all buildings thereafter erected on aforesaid is limited to the heirs and assigns , of itself fatal. But that fact constituted an the lot then covered by the stable, and on of the grantees, finds full scope in the possi- . important consideration in construing the this ground: "As a restriction, it must be blllty of the buildings lasting beyond the words "the house to be erected;" which were construed beneficially, according to the ap- lives of the several grantees, and of the land the words of that agreement, as they are of parent purpose of protection or advantage to being built upon by persons claiming under the agreement now under consideration. On the several estates which It was intended to the grantees, and not by the grantees them- the other hand, the principal cases relied on secure or promote. Its leading and most ob- selves. It may well be assumed that the by the defendants in the case at bar do not vious purpose was to prevent the intercept- restrictions in question were assented to in go so far as they ask us to go here. They ing of light, air, and prospect by a building nuticipation of the erection of the uniform are lireening v. Ayling, 126 Mass. 404; San or roof raised beyond the height named. So block of six four-story private dwelling houses ; born v. Rice, 129 Illass. 395; Ayling v. Kra- far as that purpose was concerned, It would which were erected "immediately after" the mer, 133 Mass. 12; Kramer v. Carter, 136 make no difference for what the building deeds of the six lots, and that nil the parties Mass. 504;and Hamlen v.Werner, 144 Mass. should be occupied." For a case where the thought it to be the wisest course to limit the &W, 11 N. E. 684. All these cases contain same consideration determined the construe- restrictions to the life of those houses, which the same clause relied on as establishing a tion, sPe Chase v. Walker, 167 Mass. 293, 45 were not likely to be torn down for many restriction, and that clause is in the form of N. E. 916. years, and which in fact stood, those on lots "conditions" which were held to be restric- Finally, it has been laid down by this 1 and 2 for 40 years, and those on 3, 4, and tions, and which were as follows: (1) That court that, in case of doubt, a clause creating 5 for more than 40 years, while that on lot the taxes should be paid by the grantee; (2) an eauitable restriction is to be construed 6 Is still in existence. See,In this connection, that "the front line of the building which against the grantor, and in favor of the Boston Baptist Social Union v. Boston Uni- may be erected" should be set back 15 Peet; grantee's right not to have his land restrict- versity, 183 Mass. 202, 204, 205, 66 N. E. (3) that "the building which may be erected" ed: Stone v. Pillsbury, 167 Mass. 332, 45 N. 714. The conclusion reached is in general should cover the whole lot; (4) that "no E. 768; In re Welsh, Petitioner, 175 Mass. accord with the rule of construction since dwelling house or other building, except the 68, 55 N. E. 1043; Boston Baptist Social adopted by the Legislature by St. 1887, p. necessary outbuildings, shall be" placed in Union v. Boston University, 183 Mass. 202, 1086, c. 418, now Rev. Laws, c. 134, $ 20. the rear of the lot; and (5) that no building 06 N. E. 714. There are cases where covenants in terms which may.be erected shall be less than The duration of an equitable restriction is somewhat like the clauses creating this eq- I three stories in height, nor have exterior n question of the intention of the parties, unable restriction have been held to be cove. walls of any other material than brick, stone, to be determined by construing the words nants personal to the .parties. See Hutchin- son v Thomas, 1 Pa. 24_ 42 Atl. 6 1• I or Iron nor s i r n her used in the light a 90 8 n be used or occupied Po a of t of attending circumstances.n y g s purpose or In any other way than as a dwel- The line which Is described In the deed is re Fawcett, 42�Ch. Div. 150; Clark v. Devoe, ling house during the term of 20 years. In characterized on the plan referred to in the 124 N. Y. 120, 26 N. E. 275, 21 Am. St. Rep. Kramer v. Carter, 136'Mass. 504, 506, W. deed as "Front Line of Buildings." Had the 652. Allen, J., stated that "in that deed were cer- clause In the deed creating the restriction In the construction which we have given tain conditions which operated as restric- gone no farther than to adopt that character- to these deeds, It is not necessary to consider Lions, and created a perpetual servitude upon Ization, the case would be a very different whether, in such a proceeding as that now the land in favor of adjoining lands, one of one from that now before us, and might well before us, considerations such as were held which was that no building should ever be be held to a rl to all buildings thereafter to be decisive in Jackson v. Stevenson. 150 1T y a t r a e „ 9 erected upon a certain art of the land. It erected on the 1 MnsF.49G 31 N. E. 691 3.. Am. St. Rep. 476 an n•n P d 1. tin• regard , P a d to the P a a is no t necessaryto inquire whether that re- consideration which was declare . can be considered. q e in Jeffries 1 ferred to the set back in front, or to the re- v. Jeffries and In Chase v. Walker. But in A decree must be entered declaring that we T �. strictlon Forbidding any buildings in the rear determining what the extent of the restric- parcels of.land belonging to the petitioner and of the lot. It is evident that the terms of tion is, the language of the clause creating described in this petition are no longer sub- the "conditions" creating the restrictions it must be decisive, if, ns is the case here, ject to the restriction contained in the deeds there In question, when taken as a whole, It undertakes to define, in terms, its extent. dated October 27, 1843, as to the house to be are not sufficiently near those now before us In the case at bar the clause provides "that erected thereon being set back from the north- to make that expression of opinion of value the front line of the house to be built on the erly line of Beacon street. Decree accord- here. It should be added that in Sanborn v. lot thereby granted shall be set back from ingly. Rice, 129 Blass. 395, and Hamlen v. Werner, the Northerly line of Beacon street as mark- 144 Mass. 396, 11 N. E. 684, the things com- ed and lnyed down on said plan." These are plained of were additions to the original the exact words of the clause In-the deeds - building. For that reason the question of lots 2, 3, 4, 5, and 6. The clause in the whether the restrictions applied to all build- deed of lot 1 Is the same, except that the in a whenever erect "g , erected, or were confined to words twenty feet are inserted after the M.— 18 NORTS EASTERN REPORTER,'ld SERIES traeL and tract todivided into Iota and sold, eeptiom to a ruling that the petitioner was commonly web purpose will be given effect entitled to have his certificate amended .. . 4.Covenants de79(g) Exceptions sustained. _ Where original grantor did slot came G.P.Davis,of Boston,for Equitable Life - plan showing general building scheme to be Aasur.SOS. made.but net forth in Its deed building le• A.L Partridge,of Boston,for Pruden-' .. . strictiom on tract conveyed exprmsing In, tial Ina Co. restrictions . tent that burden of restrictions should ran R.E.McCarthy and R.A.Shea,both of against and benent accrue to grantees and Boston,for Alfred Hmnie and others. owners of part. of tract and subdivision pies was Sled. before certificate of title plan Kurth,of Boston,for Wildey$ay. - _ sum Issued, establishing a general scheme Bailie of Improvement porcbasem of Iota were en- L G.Brooks,of Boston,for First Nat . . . WARD V.PRUDENTIAL INS CO.OF titled to rely upon that general atbeme Bank in Medford - .AMERICA at LL . i Retorts 479(13) RUGG,Chief Justice. . Supreme Judicial Court of Massachusetts. Where all certificates of UUe from com- .. Middkses. man original warce contained restmetive Tom!is a ibnpetition to amend a certificate Marc.1,199$ building Blame,on petition for amendment of title desmbing lest is Medford,issued . of certificate of UUe by striking out the to the petitioner by the Land Court and 1.Covenants 4a77 etrletive clause.1mO wort did not have ea- dated May 4,1934. The prayer is for m thority to Impair UUe or other Interest of order to strike from that certificate t the .. Whore a plan sum died showing treat. following restrictive dame attaching to the divided Into lots and all certificates of title - other purebasem holding certificates for val- 8 8 me and in good faith,without their written land: "subject to the restrictions; case. contained- contained restrictive clause stating that meats, agreements and reservations set land was subject to building restrictions, consent OS.(Ter.Erd.)c.785,f 114. easements,agreements,and reservations set forth is a deed given by the City of Med. - forth In certain deed,the plan together with 6 Covenants t to ford m FellswMarch Realty Company,duly te- restrictive clause and certificates showed The right es enforce building resM� Sorted March Book 19256. with Middlesex a general building aeheme. Uona ts an Interest In Iced South Deeds, Book 4947, Page 89." The original decree of registration was subject 2 Covenants 4=77 7.Covenants 4=79(3) to the clause just quoted and comprised Where all certificates of title e from, a - Where purchasers' cectlfimtes of title about mine and one-half acres of land in common original source preserved reatrit• referred to a deed which purported to give Medford. The land was bounded an the live cinuse making land subject to building purchasers ns subsequent grantees,the right south by Elm Street on the west by Fells _ restNetlms,eesememts,agreements,and re.• to enforce building restrlcUom, and where way West and on the north and east,for ervaUom net forth In certain deed,such fact there had been no change In cand{tlom ear- the most part,by land of the city of Med- was confirmatory of exlstmee of a general rounding tract covered by aubdlvlsloo plus ford. The original deed from the city of building schem& embracing a general scheme of improvement Medford to Fellsway Realty Company con. the purehasem were entitled to enforce the tained the words: "Said premises are con- ' Covenants 6o77 _ restrictions veyed and the grantees for themselves, ., .. Where a deed manifests a domlmant L Records 4=9(13) their heirs,successors and assigns take the Purpose that burden of building restrictions Where all certificates of UUe from cam• mme subject to the following easements, should run against and benefit accrue to reservations, and restrictions created for clan suur d subdivision restrictive filed building the grantees and owners of-parts of the etsme, and sulxllotsloa plan Sled before the benefit of the grantor's remaining estate - mrtlacetes of title were issued esu bllsbed and for the benefit of subsequent grantees general building scheme and clause had not of any part of the parcel hereby conveyed ' been substantially violated, purchaser was and in case of breach thereof the grantor not entitled to have certificate of UUe or its assigns as well as owners of any part amended,over objection of other purchasers, of the parcel hereby conveyed may m- by elimination of the restrictive clause G. force the same by appropriate proceedings. L(Ter.Ed.)a 1g5,f 114. ' ' Then follow numerous restric- .. .. tions imposed upon uses to which the land ,. might be put So far is material to this i, Exceptions from Land Court,Middlesex proceeding, they were that the premises County; Smith,Judge. should be used for no commercial purpose , except the production of films for motion Proceeding by Edgar Ward against the pictures,and,subject to that exception,that Prudential Insurance Company of America the premises should be used for residential ' and others to amend a certificate of title purposes only; with further provisions as describing land. On the respondent's ex- to the cost of dwelling houses to be erected, a RAID v.FJIVDZ lTUL INS(XL OF A�61C,fi .. .. .r tMAIL he Astaoa at which stxh hottaes Should beis=� . fretted atoman. [ether with the dlf -Mass. D NOIITB la91TaN BLPOSTIe$m aSBllm adjacent lop,and other from "fi-q,shows a r clause in� gg(fife deed from the of Medford)." the flees of e d prowl. Eram v.F Citytract,some deed,repesdag the . si,w designed for the development of the 9 °++.194 Mass.513 80 N.E 387, Following the last mentioned deed thirty- in �`uon% .am for residential Purposes. N-S•.1039.11 Ana.Cas 171. Ma- five mots lots,includinglate owned art. substance,c,and other making no ezpreu -. vary r.Monad.230 Man.8, 119 My_ tics c by Dar- refcrerrce b them This appears b have - -- . �Irr� The Ds0 of"-Ptlorts of the, 189; Snow v.Veto rid Roeent;n this ease were conveyed beet;n harmony with the intent of the cnig. bask Improvement Co. V. Chadwick. 228 mn, together with the decision of 197 N.E 224. During the �1 Man.V7 by said Roop.,rent«,by deeds,each at ;mI grantor as manifested m it.aced or Mass.242, 117 N.E 244, LR.A1wick. 55 judge of the Laud Conn,a Copy of the were being sold by Mrjod when lots which contained.by reference b sew deed grant with rest manis The n - t dad heretofore specified and referred b is was•rigs.on his o�was errata,theft from the City of Medford or m the origimt respondents purchased parts of theo`r and Nash v.Eliot Street Garage Co.,236 Mass. The decision,and mein of three d dins"high It certificate of title,a statement relative m tract. Where such a dominant o - 176, 180, 128 N-E. 10. The respondents' vade all the material Pons in_ evvopmeot H®ta, an improvemefa - restriettcu s similar b that contacted in the rnanifert Isom the de � `n fans Those facts its and ren+iaions." ReoP also Hated b aced or lot 43 above deeds,to it will certificates of title referred to a deed,which substance an u follows: 7be premise coasts.that the tract was restricted b ms quoted;six ether ton be oven eAees Jewell v.Lee, 14 Allen purported to give them,as subsequent gran- . described in the certificaie of the were Conveyed by deeds which made no 14S,149,92 AmMm 744; Dam v.Went- .. sought to be amended petitioner am ch Durpmea Tt a person b whom reference to restrictions; one lot was coo- M toffs Pctitiou are represrnta' coed, soul who veyed subject ro"reairictiom o!rCeord"; wow 111 Man 291,293; Eau•.Fos; tees,the right of enforcement of these re- showu as lot 49 on land Court plan No. are reapoodenn,Purchased;n .. 194 Mass.513,515.S16.80 ME 507,9 LR strietioas. There has been no change in 12930-A and lot 19—A on Load Court +nth reprnenta' reliance upon and six Ions were Conveyed by deeds which, A.,N,S,.1039,I1 Ann. 171. See Stew- No-129A and, Each of the co Plan boner tnona At the time the pe& following the statement that the land was an v. Finkelatone,206 Mass.28,92 N.E - - the condition surrounding the several par- +Poudents,other than drat`ra-. d w`��rCtO�title to Dramises subject b the restrictions set forth in the 37, 28 LR.A.,NS., 634, 138 AuLSLR eels of land here in question with respect to is the owner of the r t of .der of A ��d in his certificate la tide.atl of the said deed m certificate,contained the words 370; Laud•.pmde these restrictions since the original deed of on. re-red of,or the holds en , lots shown Co said three eons,except two, so far as aPPlicLU"or words of similar 92 N tive of ev.., an the three ee Plans more of the lots,hove*had hem sow and Cone eral per f t relative into w of tat and grant in 1926 and the original decree of ou the thra pots tnDovt menti tee.It is stated Y���.ern' ®Pon - - oned, ted' di de e m th e bra in e to to which deciat� eh a ou tract of petitioner the'was the treasurer of the Fells. of the Laad Court ledge Pran o.129 all of the bra an the la said'has been divvied and sold sup' registration in August, 1928. The rCstriC- way Rnity that there wens' plan No.12930-_A lea m retrio- Company.which was the gran- forms of Canguuge used sO°f�' ,other than the land of 291 are 477,sec in Snow v.Van Dam, live clauses are as valid now as at the time tee m the deed of the entire tract, then his deeds follow' Dry the operator m the petitioner,have been improved for ith Club, Mass 477,197 NY-224; St Botolph they originated. Restrictions in eneral unregistered.from the city of Medfo tags.a no description of the land idential purposes,the structures being with Club,Inc v.Brookline Trust Co., Mass., are to be construed aramst t e 1'raatOr aA corded an red,so- conveyed. Some were riot made subject to few exttptious single family residences of 198 N.E 903; New York life Ins Co.V. March 10.1924 Shortly then restrictions,but all transfer certificates is.- -Cher there were several ho e s good quality which substantially conform to Embassy Realty Co.,Inc:,Mass.,2W NX. In favor of freedom Of alienation. Boston convey- and on the authority of the deeds D+caerred the restrictive provisions set forth in rid 3,and Lovell v.Columbian National L'fe Baptist$Oejal Union v. os on alverslty men,one 67 the.Petitioner, who finely the Chase now sought by amendment b deed from the city of Medford to Fellswa Ins.Co., conveyed the aaet to W+7liam J.L eliminate in whole or is y Mass..2 N.E2d 545. 183 Mass.202,205,66 N.E.714; American trustee under a declaration of trust of fi+matory of the existence off bcon- Realty Company,and there has been rto scab 4 1 To change his which of��p petitioner owned fire hundred building schems. W6imry.v.U Roman, stantial violation of any of said provision tit.acter lo�kes the certificate power tonierred be Unitarian Association v. Minot, 185 Mass. shares sad hundred five preferred way Cc-, 11 Gray 359.71 The judge of the Land Court ruled that on the Led up. 589,595,71 N.E.551. We are of opinion, Am.Dea 715; i g` Court by G.L (Ter.Ed.) a however,that the facts do not warrant the Eve hundred of one thousand Hann v.Bigelow, ISS Mass 341.29 M.E the restrictions referred b in the petition- 18S,1114. That section Confers rem power i Comuon+hares Title h the tract, t. 626; Bacon V. Sandberg 179 Maas eras prayer for amendment of his certificate "to oPen the original decree of•regtura. - relief afforded by the Land Court to the cost three jots a cat had been ca"p 60 ME 936; � are enforceable against the land of the pe- tion" The resaieti.e dame which the pea- petitioner at the expense of those respond- iway prior b the rn°tio v was Hartt r.Rueter.Z23 Mass titioues by the city o!Medford,and all .dace of was. 207,Ind N.E 1045; Mae1a V. by titiouer seeks b have struck out of his ter- cots having record rights in the restrictions "Astatrtd is the name of said Roop,as, 230 Mass 8D,719 N.E 189.ry The Chat those f the la title order saw city to any t tifitate.of title was in the original certificate 1 y decree entered on August 29, bar is distinguishable from Sprague v.Kim: part of the land formerly belonging to it of registration of We tne� The proceed. EXCtptlOnls SustainCd was the original deuce of reg- Ai 213 Mass.380.I00 N.E 622,45 1-R. and adjoining the tract of load registered in ings for that registration in substance and isaattan of the tract. It contained the A.,NS.,962, the name of William J.L Roop,trustee, ty restrictive clausesame Ann.Cu1914A,431,hearse effect admitted the validity o!the origin! already quoted.which ra the Petitioner has taken his title from a- but that said restrictions are not directly restrictions. As already.pointed out.those by the to the restrictions m the deed given Common,original soars.,under a enforceable by the respondents other than Dry the city of Medford to in form similar,so far u material.to a to the city of Medford,and ordered the e- quenttgrantions were`tor the benefit of naDfo- Really the Fellaway - Pe• gnent grantees^ The subdivision phi bled o(�nhuau 70,!ry Company'duly tceorded un Marcy under which the respondents hold title m tioncr's certificate amended aetordingly. before the original certificate of tine was. in 9'26,;n Book 4947,page 89. 'That is their respective premises The respondents excepted to the =ling issued,with the other circumstances estab. substance the mine came which the pe• The first cone antes t +�conclusion that the restrictions of tit set forth fished the general scheme of impnovemmL titioner seeks by the present proceeding to The Roof,trustee, the Irsin the tea in the have struck from his petittorher's certificate of tick art not Purchasers weft entitled to rely upon that certificate of registra. relative to restrictions finis.[,'if any, directly enforceable by the respondents oth- general scheme, lion. There was filed in the land set loch in the er than the city of Medford and to the n - tiou office ou Jnoe 8, 1 regutra- deeds,wen as follows: (1)"Iat 46. June furl to grant certain requesn for rulings 1541 �The Land Court has no authority aPMr-dy shows the M A Plan which 19,1928,'subject to the restrictions,if ace, under G.L.(TCr.Ed.)C.185.1.114,on a pea- the land here in cons tract ct>).embracing ' t there may be of record'"; (2)"Let [3) The city of Medford,n the original titioo for amendment of a certificate of title, lots numbered I to 49,both' July 19,1928,'subject to restrictions of grantor of the tract of land.did not cause to impair the title or other interest of a which ahead pas r d to and record'"; (3)"Lot 3. August 30, 1928 to be nude a plan showing a general buiw- r yens referred to u Lnd No mentiou o!restrictions C purchaser holding a Certificate for value. Conn.Plan Na In30.- and(4)"Luc ing scheme but it set forth in its deed re- and in good faith,without his written as- arc fifty-two lots. Thus A. Perhaps f en 43. September 21.1978.,wbjeet to rcauic ttrictions on the tract Conveyed,cepressing +mL Malaguti v. Rosen.262 Mass 555. .. sal cenifien of regtstratioafof Athe orgt- ,ions,essements,agreemenn and mnsve- the intent that the burden of those metric- 567,568, 160 NY-532 Thejudge 1926,them was un file a °�f�• ,ions u set forth in an instrument dated bons should fmh against, anal the benefit Land Court found that the respondents tract u divided into lots. attowing the March 10,1926.and recorded with Middi, accrue to,the grantees and owners of - Td+plan'm' a=South District of the tract The tract was divided into jots ueeaed in of registered hid en Val.Deeds.Boole 4947,Page - good faith." The right b enforce end sow by a subsequent Purchaser of the restrictions is an interest in land. R;ver- t tt DONOGHUE v.PRYNNWOOD CORPORATION Mean, 327 John W.DONOGHUE Cite as 255 x.ls 2d atg v. forceable only by grantor and not by other under restrictive covenant providing that ' homeowners in development. PRYNNWOOD CORPORATION. �,` finished plans of any home proposed to be built upon deeded premises must be ap- Supreme Jodlelal Court of Massachusetts, 8 Covenants QD51(2) proved by grantor or before he had ob- Hampden Restriction in deed that any plans for tained judicial relief might be excusable Argued Jan 7,1970. house proposed to be built upon premises because of grantor's unreasonable refusal had to be approved by grantor would be to approve plans and such conduct did not Decided Feb.8,2970. strictly interpreted in favor of limiting the require court to deny homeowner benefit restraint on use of granted premises. of equitable considerations. Homeowner sought declaratory relief 4. Covenants 4=103(2) concerning a restrictive provision in deed Restriction in deed that finished plans �— The Probate Court, Hampden County, of any house proposed to be built upon James L, Allen, Springfield, for peti- Smith, J.,made findings and reserved and granted premises had to be approved by tioner. reported ease without decision. The Su- grantor could be enforced if power was preme Judicial Court, Cutter, J., held that exercised reasonably., Robert E, Kubicek, East Longmeadow, where two other houses in predominantly for respondent. traditionally styled development were mod- `. Covenants e=51(2) ern in design,homeowner's house was not In the absence of explicit language Before WILKINS, C.J.,and CUTTER, detrimental to neighborhood, and grantor to the contrary or specifications of stand- KIRK, SPIEGEL and REARDON, JJ. would have approved homeowner's plans ards of judgment, restriction in deed that except for objections of neighbors whose finished plans of any house proposed to be CUTTER,Justice. houses were not depreciated in value by built upon granted premises had to be ap- construction of the house,grantor's refusal proved by grantor would be interpreted as (1] Dr. Donoghue sought on December to approve homeowner's-plans to construct requiring that person whose approval is 30, 19651.in the Probate Court declaratory house on lot conveyed by deed containing required should decide objectively,honestly relief concerning a restrictive provision in covenant that finished plans of any pro- and reasonably. a deed to him from Prynnwood Corpora- posed house had to be approved by grantor tion (Prynnwood)S.Covenants 4�103(2) ( Yrr ) of land (the locus) on was unreasonable and grantor would not which he has built a house. Prynnwood be given either injunctive relief or dam- Where two other houses in predom- by its answer, amended on January 12, ages. inantly traditionally styled development 1967 (see fn.4,infra),prays that the final could be classified as modern, homeown- decree shall (1) declare the restriction en- So ordered. er's nontraditionally styled house was not forceable, (2) permanently enjoin any con- detrimental to neighborhood, and grantor struetion without Prynnwood's approval, I. Courts QDt16(2) would have approved plans except for ob- and (3) require removal of Dr.Donoghue's Trial4P90) jections of neighbors whose houses were g structure from the locus. The probate It is the duty of the register or clerk not depreciated in value by building of the judge made somewhat incomplete findings to check the accuracy of record and copies house, grantor's refusal to approve plans and reserved and reported the case (G.L. of the docket by careful proof reading. of the home as was required by covenant c. 215, § 13) without decision. The evi- M.G.L.A.e.215 § 13; c. 231 § 135; Rules that finished plans of any proposed house dense is reported. The facts are stated for the Regulation of Practice before Full had to be approved by grantor was unrea- upon the basis of the judge's.findings and Court,rule 1 09. sonable and such covenant would not be a stipulation. enforced. 2. Covenants 4-77 7. Equity C-65(2) Prynnwood owned land (including the locus) near a country club (the club) in In the absence of a common scheme Conduct of homeowner who Longmeadow.proceeded Lon Development started in to housing development,restriction in deed P to build before obtaining grantor's approval 1945. Thirty-seven large lots were laid out that finished plans of any proposed house had to be approved by grantor was en- 1. The record and docket originally filed copies of the docket by careful proof fw, with us were confused concerning the reading. See G.L. c. 2231. 1 135, as date of filing of one or more papers. amended through SLI960,e. 171; S.J.C. It is the duty of the register or clerk Rule 1:00,351 Mass.786. to check the accuracy of the record and I; 328 ilia 255 NORTI3 LAST=X LLPOZTZP,I'4 1102329 DONOOMM.PRYNNWOOD 001WORATION Rua 329 Cots Y>06■ilab - . In the Original plans. In 1959.eight lots had no recollection of this incident' lee- report.the boom had+been suMtamiaUy the mitrery os the or ataad i-stiti - w'v s/!.•1.v,tlr 4tvd,g• rment All the Ctdloagh was paid a commission an the fully erected and bsodsmped . ustr' ands o! Judgment). a restr;ct;oa of this ��• *••• '-�_' wv.. +'-�•• r••. . Wes arke,e-j:was executed on May 3, g9e should be interpreted as requiring(tot event, his conduct does not require us to boih'V m aft but three la[. Prynnw•iA 1%, the 1,i¬ of the p„�fe.� (2) L In the mi,m®,oama,the judge's Massif.Boston A Maine�340 M� deny him the benefit of equitable consid- _ rtfll owns some adjacent vacant lead. paid,and the deed was recorded rindioga,Justified by the evidence,do not 39.MS.165 N.E.2d W)that the person _ The deeds from Prynnwood included above the existence or any eomram scheme whose approval is required ,ball deede erat1O1IS affecting relief, which are SOme- Dr.Donoghue employed'Elroy Weber, (eL Snow v. Van vary; restrictions. Each-deed "con- an ambited who has won �y awards 481•487 197 N.E.224�; 'B�IerMv.Hal objectively,�°`�y''°d'eip"'�y' what comparable to those recently applied twined the restriction that finished pluu for design • • • to draw h' Of"ty ymwOOd house had t"be r deg approved °IiOf said Greystooe Corp.,352 Maas 252,255.257, [6) >. The trial judge's findings got by us in denying mandatory relief in Mar- a Prynnwopas In roost other deeds, Prepare ea model Projected the horse to be bolt Coal 224 N.E2d 683), with respect to the re- far to show Murooa's conduct to have been . The at a 3D, striet;vm blehead v. Deer , Mass.,e 254 N.E.2d 234. . but not in the deed to Dr.Donoghue.there • • covmaat 7'he same considers- arbitrary. We y' [was)at least • • • (8130; ry• give weight to the findings appeared•provision that Prynnwood"re• Goes are here present which led this court (a) that two other houses in the develop. There is no basis for awarding Prynnwood seem the right to amend these,restrictions ) e • • and the plain is sabstanem m Petrone v.Falcone.345 Mass.659.661- went may be'classified as modern"; (b) .from time to time and • • : are for a one-story,modero•style,square. 664 189 N.F1d - .the tight shams flat-,weed"house. lion i treat a somewhat that the-petal to house well not • monetary relief. to wane tarnpl;aaee with these restrictions comparable provision in a deed (for cep• be detrimental to the neighborhood'; and;n any instance Monson declined to approve the plans Proval`f puns)as enforceable only by the (e)that Munson would have approved the The Probate judge found that about May and model Primarily bemuse he objected grantor. 4. A final decree consistent with this Plans except for the objections of neigh- _ 2, 1965, Dr. Donoghue gave"Richard A. to the flat root He admitted that.'while ben (whose houses,so the judgenote opinion, is to be entered in the Probate McCullough,a real estate agent.a deposit he did out like the plans,he would • • • [3) 2. We do not interpret the ro wen not depreciated in value). found,note ' Of ' ' • [ESOP)toward the purchase" approve them except that some of the striction set imposing no objective standard also the stipulation that Munson had not Court declaring that Prynnwood unreason- of the locus. McCullough told Dr. Don- neighbors,"friends of his,"vehemently ob• whatsoever upon Prynnwood's action in enforced similar covenants against otMra oghue"that the deed would contain a re- jetted to the proposed structure and he was giving or withholding approval of its In any event,this,we conclude.is not a ably refused t0 approve the plans Of Dr. striction • • • that his Pions would considerate of their attitude.' The judge grantee's plans or as making Prynnwood's case for granting mandatory equitable rc. Donoghue's house, that such approval no have to be approved by • • • [Prynn. found that"Munson's refusal to approve whim and its officers'aesthetic taste bind- lief to Prynnwood We reach this con- wood),and that.since this lot adjoined the the plans is baud in pan on his personal . ing upon Dr.Donoghue in framing ph os.s clusion without. reliance (as ertoppi longer may be required, and that,Prynn- • • ag • fe)lub land, • • • [Prynn- dislike of the flat-roof design,but that he Restrictions of this type will be strictly in- Prynnwood to seek relief)upon any failure wood Is not to be given either injunctive wood) preferred a one-story house on would approve • • • if the • • • terpreted in favor of limitumg the restraint on Munson's part(see!a 5)to object to ' ' ' [the lochs),o that • • . [oeh- neighbors withdrew their objeetioos.` on use o the granted premises. See Amer• the sketch of the house prior to giving the relief or damages. er]house • • • which were two•atory, 'can UnitarianAss'n v.Minot, 195 Mass, deed would have an unimpaired view of the '�`rc is no tmilonmiry of style;o We 589.595,71 N.E 551; Hemenway,v.Bar- - [c)lub.' houus erected in this development-arm. tevian,321 Mass.226.229,72 N.E2d 536, [7) Obviously. the harm to Dr. Don• SO ordered. McCullough All but that on the loess are"of traditional 172 A.LR. 1320. See also Ward r.Pro- his - gh took the deposit to Edwin or conventional styli,with the ex tag e.if now lotted to remove his costly S.Munson,sole stockholder and principal cePoO- deatial Ins, Co.. 299 Mass. 559, 565, 13 house,would very greatly exceed any pas• officer of P D W of two,which might be classified as,nod- NC9A 411. aible damage to P rynn faun and in "complete ern." The "proposed home will trot de• - g rynnwood, for whose control"of its affair: Munson was ex• preeiate the value of an other house in benefit alone the requirement of approval - y [4,5) Our cases indicate that such a is enfottmble. He unwisely took certain Perieneed in real Wait matters. Dr.Don. the development nor will it be detrimental ratrietion may be enforced if the power to risks in proceeding to build Deform obtain- oghue had given to McCullough and Me. to the neighborhood" When the case was do so is exercised reasonably. See Parsons in P Cullough gave to Munson "a tough 8 rynnwood's approval or judicial re• g Den- heard,"there was -cep occiaDl except thatoc. v.-Duryea,2d Mass,314,with a restri ti ISS ME lief His conduct, however, m the air. ' died sketch of the proposed house and Lion on the e provi McCullough testified a that he showed it a foundation had been-dug and a builder's lion 761 (which dealt somew•)atamorev definite c'stances may be excusable because of to • • • Munson,but • • • Munson shack'had been built• At the date of the standards). We think, ever, that (at how rryn`nwood's unreasonable refuel to cep• P see fit.4 concerning the denial of _2. The rvttictioY Ice the deed of the J.oe lent in the absence of explicit language to Preliminary injunctive relief. In any read: 'Sub Chet aleCmuneh did a tact show the . Jett honva,to ae restrlo- sketch[o ktoosoa tloa that (Pryanwowl Wait Donothat had been denied to Prynnwood 6. See li-1.v.Hacienda Noma,.lot. . •DDrove all finished pis"of libel boy. 4. It coo stipulated, bowever,that bdoa s'1"`20,1�' & GLd 442. Na, 211 PSd 80.^, 7D era. bell home.and no Prof b,—'octal ]eery a, 1907.whin P A t.n 2d 1266; R'inalet[e r.Beeler.22D oflkea,ball 6t mtdotalned ea floe-loeai, rr to first & A. In tba Patresr east 845 slm.at . Proved to,mend ti answer t rveaat• Da am-aa ISD]C r u 22& we newt G. 100. 101-102, ]te &o.. 2 o, l The Drohate Judie.tuwrad t reritinr the Permanent Waaceton aralnrt eoamaewr. ram eaoaider the 1+wvkion io some of ]one v. 7:ortb.a[ 1[nI F+eate Co.. From Lb a-Por due made• findi ties• Dr. I)oeosLY hid e:Pended at the dad.of lots to the devebrment 149 sld. 271. 2:-27& 131 A. 446; ,.a From Lb- sported •vldeaa, "' leut '��. A prtltrrtaary lyJaar. mitttos Pryonvlood to rekaa the reauio F1a�•n I.barow.2M N.]SS,1t10,100 m cos oueeelra could lmowerer. time aaalnst further maatrrrreiY y Dr. A.310. Sot also cleave the atermee Ilona liorvslaoo e.R'ebrter, _ ass a1s4-.txN 74 So,2d 113.114 t� LAND SURVEY AND CIVIL ENGINEERING ASSOCIATES ALL CAPE SURVEY CONSULTANT LAND SURVEY AND LAND USE DESIGNS 172 EAST FALMOUTH HIGHWAY EAST FALMOUTH, MASSACHUSETTS.02536 PHONE 548-4255 I CHRISTOPHER COSTA P.L.S. August 27, 1986 Mr. Robert Zano One Camp Street W. Yarmouth, MA Dear Mr. Zano: RE: West Main Street Project Hyannis After the inspection .of the "Town of Barnstable Map of Public .Supply Wells Zones of Contribution" , dated February 19 , 1985, prepared by S.E.A. Consultants, Inc. of .a Boston, I find that: 1. The nearest existing public supply well is number C/07 and it is 4500 ' from your project. 2. The end of the sewer line in front of the High School is 2200 ' from your project. If you have any questions, do not hesitate to call me. Sincerely, i Ch t p os P. S. CC:ko t MYCOCK, KILROY, GREEN & MCLAUGHLIN, P.C. ATTORNEYS AT LAW 171 MAIN STREET BERNARD_T.„KILROY : HYANNIS. MASSACHUSETTS 02601 OF COUNSEL ALAN A. GREEN AREA CODE 617 EDWIN S. MYCOCK CHARLES`S. MCLAUGHLIN. JR. 771-5070 MICHAEL D. FORD- _ ADDRESS ALL MAIL JAMES M. FALLA P.O. BOX 960 HYANNIS. MASS. 02601 MARK D. CARCHIDI REFER TO FILE # August 21, 1986 Mr . John Kelly, Director Board of Health Dept. Town Hall Hyannis, Massachusetts 02601 RE: Zaino - Sandpiper Homes Inc . , project at 942-944 West Main Street , Centerville, Land Court plan 10747C, and Assessors Map 249 as parcel 55 containing 1 .13 acres Dear. Mr. Kelly: In . response to your telephone call yesterday, August 20, 1986, ' in which you requested that I outline the issues in the above matter as I see them, I am enclosing herewith a copy of my letter of August. 19th to my client, Robert Zaino. I believe that the letter sets forth in reasonable detail my thinking concerning the authority of the Board of Health to require Mr . Zaino to connect his project to the town sewer . As you see from that opinion letter , I believe that Mr . Zaino is entitled to a sewerage permit as a matter of right and that he does not need to seek a variance from the Board' s requirement concerning connection to the town sewer . I hope this sufficiently outlines the issues for you. Please do not hestiate to call me if you have any questions concerning our position herein. e tr4. M s, harles hlin Jr . i CSMjr :Jmf Enclosure _ Health Dept. CC: Mr . Zaino D Town of Bamstable AD 2492j AUG, 2 1988' ' NlYCOCh, KII ROY. GREEN & Mcl AUGHEIN, P.C. 'f y rr � ATTORNEYS AT LA\\' 171 MALN STREET BERNARD T. KILROY HYANNIS. MASSACHUSETTS 02601 OF COUNSEL ALAN A. GREEN AREA CODE 617 EDWIN S. NJYCUCx CHARLFS S. 'IrLAIiCHLIx. JR. 771-5070 4 .1SICHALL D. FORI, ADDRESS ALL MAIL JAMES N1. FALI-A P.O. Box, 5160 HYANNIS. DIASS. 0 '101 D1ARii D. CARC HI DI August 19 , 1986 RErFR 74) ril_ n Mr . Robert Zaino 1 Camp-Street West Yanrouth, Massachusetts RE : Sewerage connection, property at 942-944 West 1-lain St . , Centerville Dear Mr . Zaino: I have examined a copy of all caater resource protection regulations provided to me by the Board of Health for the Town Of Barnstable. I have given ?articular attention to the regulations which under some circumstances require certain property to be connected to the town sewer if the property is within 3000 feet of a sewer line. In particular , I have examined the Board ' s "Ground Water Protection" adopted by the Board of Health on September 6 , 1983. It is my opinion that the regulation does not ccl pel you to connect to the town sewer line and that so loncT as your engineering plans might otherwise be applicable to tne_ stare and local standards unaer Title V and require a s - isfactor:I percolation test then you are entitled ro a septage p r; ,-i),it as a matter of right . Giving particular reference to the ground, water protection regulations, it is apparent that the thira paragraph is inapplicable because the apartment construction is not a "sub-division" , is more than one ( 1 ) acre in size, and is not within a zone of contribution as defined in the reculation ana as identified in the Town ' s plan thereof and so, also, although the construction is for a multi-family dwelling , paragraph 4 toes not apply , again oecause t.Ie project is no- . _ tnin tree zone of contribution. The next p_aragraph do S r,Dt apply pecause this is not commercial construction and finally, the last paragraph does not apply because although this is a new structure, construction will take place on property that is more than one ( 1 ) acre in size. _2_ Mr . Robert Zaino August 19 , 1986 I therefore, am of the opinion that upon reading of all applicable regulations and with the assumption that your plans otherwise conform and percolation tests are satisfactory, you may apply and should receive your septage permit for construction immediately . Very truly yoursb: Charles S. McLaughlin, Jr . csmjr :Jmf 2480i �I ;wp: i}! �z? MYCOCK, KILROY, GREEN & McLAUGHLIN, P.C. ATTORNEYS AT LAW 171 MAIN STREET w BERNARD T. KILROY HYANNIS. MASSACHUSETTS 02601 OF COUNSEL ALAN A. GREEN AREA CODE 617 EDWIN S. MYCOCK CHARLES S. MCLAUGHLIN_JR. MICHAEL D. FORD 771.5070 - ADDRESS ALL MAIL JAMES M. FALLA P.O. BOX 880 HYANNIS. MASS. 02601 MARK D. CARCHIDI REFER TO FILE iF August 20, 1986 Mr . John Kelly, Director Board of . Health Dept. Town Hall Hyannis, Massachusetts 02601 RE: Zaino - Sandpiper Homes Inc . , project at 942-944 West Main Street , Centerville, Land Court plan 10747C, and Assessors Map 249 as parcel 55 containing 1 .13 acres Dear Mr . Kelly: Enclosed please find two applications for Disposal Works Construction Permits of Sandpiper Homes, Inc. , for buildings A and B at 942 and 944 West Main Street , Centerville, together with plans therefor . Also enclosed is a check in the amount of $150 . 00 for the necessary filing fees. Finally, I have enclosed a copy of the Assessors map 249 which shows locus as parcel 55 containing 1 .13 acres. e y my yours, Charles S. McLau tin r . CSMjr :Jmf Enclosures I I I �"'�'+'-� "^ e-_'r'':��"t"jr:3 "'�'� r ,zr• - ' .s;.� °,.'+•y r>� Y' �_ .#ter-,`T} '"' - r "r a r .... �;K —ram t�a s=t tins'-+1�._�4 �t�f.. -+� Jx ='�� 1"Fw" .� '� o.aC^�"r�.- %-1.� w '�� 1+i.. w,.{l.wR*htis�.. �- �. _ Za�-• '� Ms,,,.,.��Lr t vv 'srvirrw B�`'.!c•'J•�." ,_�#�+�+d+-O'► L.,m.P?,ed""n; ,.' "d'^�P`i'/ _ -4• ,d.... .i!.�:kS�Y 1S-aJ�Ty t��y"�" 4:F'{ t+ Ct v Fy ��1i�• °t( �f r a'�• "•zr:- r t. 'G .s q �:Gy� i`•e,� L.xFT•-� '1��i.fSc�r'� � .�' �'"". �.q`.:9rt :� ��ti b•�... -cc ip °e^ 65 \ $ 66 s io N Pb� � y11 S / b 66 ee 9 y a 0 . °c t' * eEa J3 �p6 ,9 .36AC r�40 ; 64 c _° 79 0 m .38AC Avis 6 $5 ez u so es� _ c c 60 as 66 048 4C soot • �� Apt 6% IV ,D40 $ � °2 pc ep 7!AC t1 IIS 89 � Aa: ttp o ? • ►6 >> u 19 a 3 nr ' ° sg-C �2 6S AG ,SI AC y S � � o W C .59 I.0 W N .7pnc 'ICI 8 ♦SAC• _ > 4e, R 20 �e.j w-bd) a C •6AC - 2 16.3 S.Lat d Cps C 16 $ 29 ti, o r' Y. Pic P AC At- �O� Co r r `c ' o s Q i5 9 A °e►c $_ 1 t1 zgac 3o z /�2 i =4PdS 1's / S � I49AG 102 ,a �6°C _ in W >�W 1 C(• 49 July 2, 1986 Lair. George Angstreich, Trustee Pinebrook Condominium Townhouse Terrace Hyannis, VIA. 02601 Re: Your outside swimming pool - Old Bather Load Capacity - 47 Modified Bather Load Capacity - 19 Dear Mr. Angstreich: We will allow• you to •set a maximum capacity of 19. persons at your swimming pool. This includes persons in your pool and includes all other persons within your pool enclosure. The following conditions must be complied with: (1) The pool muse be supervised by a swimmer, eighteen (18) years of age, or older,. qualified by management at pool site at all times the pool is open. We wish to make it clear that this swimmer must be at the pool and cannot be observing from elsewhere'-' this swimmer must be physically present at the pool at all times the pool is open. This swimmer must be familiar with lifesaving equipment and knowledgeable in first aid procedures including resuscitation. (Minimum swimmer. qualification requirements are enclosed). (2) You must keep a permanent record on a form prescribed by the Board of Health listing each swimmer supervising the pool when it is in use, (Sample of prescribed . form is enclosed). (3) We must have a copy of your insurance policy naming the. Town as coinsured in the amount of $1,000,000. (4) All other regulations contained in 310 C.H R 12.00, Minimum Standards for Swimming Pools, must be strictly complied with. (5) In the event your pool is used by persons other than owners, tenants and their guests,, or by persons charged.a fee it is your responsibility to provide a lifeguard with a current Red Cross Senior Life Saver's Certificate or a National Y.M.C.A. Senior Life Saver's Certificate. You are granted this modification of your present pool capacity of 47 persons because you have stated your pool is used by less than 19 persons at all times. i Mr. George Angstreich Pinebrook'Condominium July 2, 1986 Page 2 Please be advised that if you exceed this capacity of 19 persons, your modification will be invalid and you will 'revert to your measured bather load capacity of 47 persons. A certified lifeguard will then be required. . The Board also reserves the right to require a certified lifeguard if violations of 310" CMR 12.00, Minimum Standards for Swimming Pools, are observed. This modification expires Decembe"r 31, 1986. Very truly yours, Robert L. C ilds, Chairman Ann Ja ugh Grover CX. sh, M. BOARD OF HEALTH TOWN OF BARNSTABLE JMK/mm encl. 2 Date 6 FeeS� r f�TNE Tod TOWN OF BARNSTABLE P � OFFICE OF ! DAHI7T►ffiL 's BOARD OF 'HEALTH M AL! °o i639• �e� 367 MAIN STREET �o M HYANNIS, MASS. 02601 VARIANCE REQUEST FORM All variance requests must be submitted f teen (15) days prior to the scheduled Board of Health Meeting. NAME OF APPLICANT j L W rQ d) �' t. tt U TEL. NO. rZ Z.5'7 ADDRESS OF APPLICANT w i'1 cs�E�e r r �'z �! !/tC,S /e � r NAME OF OWNER OF PROPERTY P I Yh-,e. �®D k ��L o L NL L cr s'>1�'��` SUBDIVISION NAME C Y �� � �►���m�DATE APPROVED ASSESSORS MAP AND PARCEL NUMBER9�Qom/O LOCATION OF REQUEST �� k,.r 'r" VARIANCE FROM REGULATION (List Regulation) r 10-bV,W-1-K frn .�w A-in 0 lr REASON FOR VARIANCE (May attach letter if more space is needed) .d e►- � 2his 0 Yj GC it �.3 �. (.'�� �`� 0.Q-Q_ �'V►'�A�4 �--© PLAN - IWO COPIES OF PLAN MUST BE SUBMITTEPI CLEARLYis OUTL ING VARIANCE REQUEST. VARIANCE APPROVED NOT APPROVED REASON FOR DISAPROVAL Robert L. Childs, Chairman Ann Jane Eshbaugh Grover C.M. Farrish, M.D. BOARD OF HEALTH TOWN OF BARNSTABLE • i June 24, 1986' Town of Barnstable Board of Health 367 Main Street Hyanrmis, Massachusetts Dear Stir or Madam: Reference is made to the Swimming Pool of the Pinebrook Condominium Trust, West Main Street. and Pitcher's Way.. The Board of Trustees of the Pinebrook Condominium Trust herewith submit a request for a variance from Regulation 16:04 of' 310 CMR 16.00 Minimum. Standards for Swimming Pools,, which requires that a swimming pool,-. with a capacity of over 19 persons have a lifeguard om: duty.° We intend to limit our capacity to a maximum of 19 persons and to have one of our qualified swimmers at pool site at all times that the pool is open. Attached is a copy of a Certificate of Insurance showing proof of our insurance coverage and limits of liability, and naming the Town of Barnstable as an additional insured party in the amount of $2,000,.000 .(two million dollars). Very truly yours, Boar of Trustees r or Angst ich, Trustee- July 3, 1985 Mr. George Angstreich Pinebrook Copsiominium Trust Community Bldg. Townhouse Terrace Hyannis, MA. 02601 Re: Your outside swimming pool - Old Bather Load Capacity- 47 Modified Bather Load Capacity a 19. Dear Mr. Angstreich: We will allow you to.set a maximum capacity of 19 persons at your swimming pool. This includes persons in your pool and includes all other persons w1thin your pool enclosure. The following conditions must be complied with: (1) The pool must be supervised by a swimmer, eighteen (18) years of age, or older, qualified by management at pool site at all times the pool is open. We wish to make it clear that this swimmer must be at the pool and cannot be observing from elsewhere - this. swimmer must be physically present at the pool at all times the pool is open. This swimmer must be familiar with lifesaving equipment and knowledgeable in first aid procedures including resuscitation. Winimum swimmer qualification requirements are enclosed). (2) You must keep a permanent record on a form prescribed by the Board of Health listing each swimmer supervising the pool when it is in use. (Sample of prescribed form is enclosed). (3) We must have a copy of .your insurance policy naming the Town as coinsured in the amount of $1,000,000. (4) All other regulations contained in 310 CMR 12.00, Minimum Standards for Swimming Pools, 'must be strictly complied with, (5) In the event your pool is used by persons other than owners, tenants and their guests, or by persons charged a fee• it is your responsibility to provide a lifeguard with a current lied Cross Senior Life Saver's Certificate or a National Y.M,C.A. Senior Life Saver's Certificate. You are granted this modification of your present pool capacity of 47 personsr because you have stated your pool is used by Hess than 19 persons at all times. Our health inspectors have verified that you have had less than 19 persons at pool site during their inspections. Mr. George Angstreich Pinebrook Condominium Trust Page 2 July 3, 1985 Please be advised that if you exceed this capacity of 19 persons, your modification will be invalid and you will revert to your measured bather load capacity of 47 persons. A certified lifeguard will then be required. The Board also reserves the right to require a certified lifeguard If violations of 310 CUR 12.00, Minimum Standards for Swimming Pools, are observed. This modification expires December 31, 1955. Very truly yours, Robert L. Childs, Chairman Ann Jafi& Eshbaugh Grover C.M. Farrish, M. D. BOARD OF HEALTH TOWN OF BARNSTABLl JM1</mm encl. 2 No. //7 DATE -a7-K Z-5 EtO TOWN OF BARNSTABLE FEE y FTM P OFFICE OF DAHll BOARD OF HEALTH MASK vo %639. �� 367 MAIN STREET HYANNIS, MASS. 02601 VARIANCE REQUEST FORM All variance requests must be submitted five (5) days prior to the scheduled Board of Health .meeting. NAME OF APPLICANT Mr. George Angstreich TEL. NO. 771"8745 ADDRESS OF APPLICANT Pinebrook Condominium Trust,, Community F' dg.. Townhouse Terrace, Hyannis, MA 02601 NAME OF OWNER OF PROPERTY Pinebrook Condominium Trust SUBDIVISION NAME DATE APPROVED LOCATION .OF REQUEST = -=` Same _.._ VARIANCE FROM REGULATION (List regulation) 310 CMR 1200 - - - . . VARIANCE REQUESTED (Specific request) Modification -of Lifeguard -Requirement - REASON FOR VARIANCE (May attach letter if..more space needed) The swimming p-ool of the Pinebrook Condominium ..Trust. is .-lightly- used,, with never more than 19 persons within the pool enclosure. Further, therejs at jea"it One qualified swtmmer present wen •poo is open PLANS - Two cop ie of plan must be submitted -clearly outlining variance requested. VARIANCE APPROVED - NOT APPROVED REASON FOR DISAPPROVAL I •Robert L.. Childs, Chairman An ne Eshbaugh _ Grover C.M.. Farrish, M. D. BOARD OF HEALTH TAT TI Ar nA�XlVT•OTC i 6 A 44-1 / r I _ R 4 + PINERROOK CONDOMINIUM TRUST COMMUNITY BUILDING • TOWN HOUSE'TERRACE HYANNIS,.MASS. 02601 June 200, 1985 Town of Barnstable Board of Health 367 Main St�reett Hyannis„ MA. 02601 Dear Sir or Madam: Referenc7e is made to the Swimming Pool of the Pinebrook Condominium Trust,, West Main Street and Pitcher' s Way. The Board of Trustees of the Pinebrook Condominium Trust herewith submit a request for a variance from Regulation 16.'04 of 310. CMR 16.00 Minimum Standards for Swimming Pools, which requires that a swimming pool with a capacity of over 19 persons have a . lifeguard on duty. We intend to limit our capacity to a maximum of 19 persons and to have one of our qualified swimmers at pool .site at all times that the pool is open. Attached is a copy of a Certificate of Insurance showing proof of our insurance coverage and limits of liability and naming the Town of Barnstable as an additional insured party in an amount of $2, 000,000 (two million dollars) :. Very truly yours, So d of Trust es ' Georg Angstrei , Trustee Certificate of Insurance I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND,EXTEND,OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. . This is to Certify that F Pinebrook Condominium Trust LI RTY Community House. Townhouse Terrace Name and♦f �TUAL � Hyannis, y n nis s NA „2601 �IYIC address o IIBERIY MUTUAL INSURANCE COMPANY•LIBERTY MUTUAL TIRE INSURI.MC[CDMPW 805,CN `.. C1K11 s7 v' ���fff Insured. - L is, at the date of this certificate, insured by the Company under the policy(ies) listed below.The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued. I TYPE OF POLICY EXPIRATION DATE POLICY NUMBER LIMITS OF LIABILITY _ COVERAGE AFFORDED UNDER W.C. LAW OF LIMIT OF LIABILITY-COV B FOLLOWING STATES (Indicate Limit for each state) WORKERS' I COMPENSATION DOES 140T MOPLY % MARITIME COVERAGE-FOLLOWING STATES LIMIT OF LIABILITY MARITIME COVERAC' COMPREHENSIVE BODILY INJURY PROPERTY DAMAGE'__ FORM EACH EA(.,, ❑SCHEDULE FORM $ OCCURRENCE $ OCCUR.NE;<` ❑PREOTEDCTS CO t- $ AGGREGATE $ AGGRE< 1Q �_ DOES POT APPLY ix L Lu win Q INDEPENDENT CON- COMBINED SINGLE LIMIT IUr J ❑TRACTORS/CONTRAC- BODILY INJURY AND PROPERTY DAMAGE TORS PROTECTIVE i $ EACH OCCURREi,4CE CONTRACTUAL j LIABILITY $ AGGREGATE I i I ❑ _ I OWNED 7�nT�[ ttt $ EACH ACCIDENT-SINGLE LIMIT-B.I. AND, P.D. COMBINED �O.m ❑NON-OWNED DOES NOT $ AFFLY EACH PERSON Y _ �IcD EACH ACCIDENT EACH ACCi[:.CS ' =A HIRED $ OR OCCURRENCE $ 11 OCCURRIM- ':-� Special Combiners_Single,.Limit.-$2,000,000 eat✓h -- f = Multi- 9/2/87 'U2-512-401253 occurrence and .aggregate Peril hLOCATION(S) OF OPERATIONS 8 JOB # (If Applicable) DESCRIPTION OF OPERATIONS: Town of Barnstable is named as additional insured on swimming pool. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW). BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST DAYS NOTICE OF SUCH CANCELLATION OR REDUCTION HAS BEEN MAILED TO: r Pinebrook Condom initm Trust �.�-, . Ouse,Community H Townhouse Terrace Hyannis, 11A 02601 AUTHORIZED REPRESENTATIVE July 25, 1954 db New Bed.ford _ DATE ISSUED OFFICE This certificate is executed by LIBERTY MUTUAL INSURANCE COMPANY as respects such insurance as is offordo-d by That Company,it is executed by LIBERTY MUTUAL FIRE INSURAN ' rF4n,efad N„TE,.,n r .Try I February 25, 1985 Mg. Helen G. Whiting, Secretary Board of Trustees Pinebrook Condominium Trust Community Building - Tow_ n House Terrace Hyannis, MA. 02601 Dear Ms. Whiting: State regulations require you to have y sw ng pool wa tested prior to the licensing of your pool for 1985. The 1 must b filled:and chi nated properly' before you take a water sample. Th ter sampl ust-meet all State and Town standards before you are granted a c nse to ope lease call Donna MacCaffery, 362-2511, at the County Laboratory an a o tment and- instructions for this testing. There is a.fee of $11.00. The Board of Health req a c d l and in attendance at the pool site at all times when the po s open. 1P y wish odify your lifeguard requirement the Board of .Health m t receive.your. r quest t least a month before you plan to open the pool. You ust meet all o the Board of Health criteria previously established if you wis our modificati request to be considered. Do not wait until the last minute. I ou are reques g a modification of the lifeguard require- ment, a copy our i rance cer cate (naming the Town as co-insured) in the amou , . ,000 mitted to the Hoard of. Health along with. your req e lteme r that after u meet all State and local regulations you must be inspec Please call or inspection at least three (3) days prior to your antici •d opening. If you hav s, please call 775-1120, extension 182. Very truly yours, John 11. Kelly Director of Public Health JMK/mm THE COMMONWEALTH OF MASSA.CHUSETTS ...OF................................................................... HEALTH DEPARTMENT SWIMMING POOL INSPECTION REPORT NAME DATE LZ ADDRESS TEL. NO. OPERATOR MAX. BATHING LOAD PERMIT POSTED Regulations of the Massachusetts Sanitary Code: Article VI-"Minimum Standards for Swimming Pools". ITEMS: 1. DEFINITIONS, 2. PLAN APPROVAL, 8.. SEWERAGE, 11. BATHER LOAD, 12. STRUCTURE, 14. ONSTRUCTION, 15. TNLETS AND OUTLETS, 16. CROSS CONNECTIONS, 17. SKIMMERS, 18. DIMENSIONS, 20. WALKWAYS and 21. LADDERS. These items approved on the construction plan are of permanent nature and need not be checked at each inspection. 3. HEALTH: No employee sick, bathers take showers, clean bathing suits, sick or infected bathers not allowed, spitting prohibited, no glass or dangerous objects. Health and Shower signs posted. - 4. LIFEGUARDS: No unsupervised swimming. Trained lifeguards in attendance a9cording to Health Dept. ruling. >y \ 5. SAFETY: One shepards crook and one ring buoy with adequate rope for each 2000 sq. ft. water surface. 6. FIRST AID: Red Cross first aid kit (24 unit or equivalent), emergency telephone numbers posted, local police, state police, fire dept., and several available physicians. Telephone available (not pay station). At7. BATHHOUSE: Separate dressing and sanitary facilities for each sex, adjacent to pool, adequate, well lighted, drained, ventilated, impervious construction and light color. One shower and one toilet per 40 bathers (min. 2 ea.), hot and cold water, soap provided, one wash bowl per 60 bathers. No common cups, towels, combs or brushes. Emergency room provided for sick or injured bathers, with cot and blanket. Foot showers (if required),. Pool adequately enclosed Approved drinking water facilities. X69. CLOSURE: Operator to close pool wge'n water does not meet the requirements of this code. �, 10. PERMIT - RECORDS: Permit posted. Written records available of daily operation of the pool, including attendance, water tests, chemicals used, hours of operation, backwashing and other information required. 13. RECIRCULATION - FILTRATION: Purification system capable of maintaining quality of water, turnover every l 8 hours, Max. filtration rate 2-3 gal. per min, per sq. ft. filter. Disinfection equipment finely adjustable. G 19. DEPTH MARKINGS: Marked on deck and walls at one foot intervals (shallow end) 25 ft. intervals (deep end). 22. DIVING BOARDS: Rigidly constructed, properly anchored, braced for heaviest load, sound, no splinters or ` cracks, non slip surface. Not over 10 ft. above water level and at least 13 ft. unobstructed head room. Y423. WATER SOURCE: Water used in any swimming pool shall be from a source approved by the Health Department. 24. BACTERIOLOGICAL QUALITY: Health Dept, shall cause water samples to be analyzed as considered necessary. Quality shall meet the USPHS drinking water standards. Untreated water not over 2400 MPN Coliform. C)k_25. CHEMICAL STANDARDS: Treated with chlorine or other effective method. Tests taken daily or more often as required by Health Dept. Chlorine residule .4 to 1.0, pH 7.0 to 7.5. 26. TESTING EQUIPMENT: Testing equipment provided, in good repair and complete with eagents. _27. WATER CLARITY: .A 6 inch black disc at bottom of deepest part of pool a at 10 yards a ay. V�2. WADING POOLS: Quality of the water shall be the same as swimmi po s. Turnover 4 hours o less. RKS: V✓ �� O ` n1 0 PERSON INTERVIEWED SA TARIAN FORM 170E HOBBS&WARREN. INC. i; June 6, 1984 No. Helen G. thitingo Secretary Board of Tructeeofl pinebrooEs Condominium Trust CoEmunity Building Tour Eou©e' Terrace Hyannisa Na. Q2601 Res Your outside swlc�ing pool Old bather load capacity o 47 Modified Bather Load Capacity l9 Dear No. Uhitinga Tie will alloy you to set a maxivaum capacity of 19 persons at your Gulming pool: This Includes pegeono in your pool and includes all other. persons w.lthin your pool enclocureo The following conditions must be complied rsiths . (1) The pool must be oupervis ed.by a awimer qualified by .you at pool site;at all tim,20 the pool is opera. This aviEner moot be familiar with Lifesaving equipment and knowledgeable In first aid procedures Including reouocitnttione (SDI=:-r qualification requirements enclosed) (2) Your must keep a permanent.record on a fors prescribed by the Board of Health Rioting each auir-mer aupervrioiang the pool when it is in ueee (Sample of prescribed form is enclosed). (3) We smut-have z copy of your ineuara>nce policy nailing .the Town es co-insured in the amount of $1,000,000. (4) All other regulations congained. in 310 =& 12a00D Ninimum Standards . . ' for SuiEaing pools; nuat'be Strictly complied with. You ere granted this modification of your present pool enpocity of 47 persona because you have otated your pool is uced by leeo than 19 pe.reone at all tioe Our health inspectors have ,verified that you have had lean-than 19 persons at pool site during heir inspections. pleace be advised that if you enceed this capacity of 19 peroono, your modification Will- be Invalid and you will revert to.your measured bather load capacity o£-47 perons. A certified lifeguard uill then be required. - PinebroGu Candooinium ` raaot June 6,• 1983 'age Z In the .event your peGR is 'tPeedl by -paroono other than ornerd, een@ntcn,. d their Smote, or. by pereono charged a fee, it to your reaponalbiRity 'Co provide a fliffeguord; uith -a current nod Croaa Senior Liffe0av6T'0 Certificate or a National U.N.C.Ae 6emior. Lifeoavat°o Cegtiffica2ea The Board! GROG .rroaarve3 the rigbg t6 'req hire a cer¢iglad kiffeaWT4 If•'vioflationo GO 310 Cif 12.00, 14ieirJann st8nd mrrd;o for sdisming'P®Gflo a are obeerved' �Ieg g y you oo; tr¢ Lo ChiRds, CbaRrom Ann 40 a41111bgmcb e, F?o D. DQUM OF I=Tz TOM 07 BAUSTADIR -encl. fl PINERROOK CONDOMINIUM TRUST COMMUNITY BUILDING - TOWN HOUSE TERRACE HYANNIS, MASS. 02601 May 29, 1984 Town of Barnstable Board of Health Hyannis , Ma. . 02601 Re: Swimming Pool, Pinebrook Condominium Request for Variance Dear Sir: The Board of Trustees of the Pinebrook Condominium Trust hereby submit our request for a variance from Regulation 16.04 of 310 CMR 16.00 Minimum Standards for Swimming Pools which requires a swimming pool with a capacity of over 19 persons to have a lifeguard on duty. Enclosed is our insurancejpolicy which is required for this variance showing proof of liability and naming the Town as an insured in the sum-:of $1,000,000 (one million dollars) Very truly yours, BOARD OF TRUSTEES Helen G hiting, Secr ary l � 1 ACCOUNT No. 40 12. 53 SUB ACCOUNT' 0000 � POt- No. KA1.512-401253-021/6 RENE4S ' New Item LIBERTY 1. Named Insured-and Mailing Address MUTUAL UAL �Pinebrook Condominium Trust ..3E4'Y •a,;.yAi 3CS-34 Community House SPECIAL MULTI-PERIL POLICY Townhouse Terrace DECLARATIONS Hvannis 02601 Policy Period •=91 4 SJnMPp E;t L4 From:anoh oF�xsIc.Iurto_POEWists 9-2-81 3. The Named Insured is: _Individual. C Corporation. CPartoersnio, C Joint Venture. _Pher Trust 4• Designated Premises(Enter"Same"if same location as above) Occuoancy of Premises No.l 8-94 Townhouse Terrace, ✓ 57 Condominiums -2, 28 Townhouse Court, . Community House, Townhouse Terrace Hvannis Kk 5. INSURANCE IS PROVIDED WITH RESPECT TO THE DESIGNATED PREMISES AND WITH RESPECT TO THOSE COVERAGES AND RINDS OF PROPERTY FOR WHICH A SPECIFIC LIMIT OF LIABILITY IS SHOWN SUBJECT TO ALL OF THE TERMS OF THIS POLICY INCLUDING FORMS AND ENDORSEMENTS MADE.A PART HEREOF. Coinsurance) LIMIT OF LIABILITY SECTION 1-PROPERTY COVERAGE iPercentage Loc. BIC4. i L ec 9!dg. Lop I !: ?!dgaoaica vo.1 'o+ . .o. l . No Building(s) Blanket J ! 100 1 S -ZT-5 6IIi S I S Insurable value 244(Minn.Only) (x x S D ` SL i Personal Property of the Insured 100 S S ?ersonai Prooerry or Others I S I � Addl.Cow.(Specify) � �.� �o �� Pool & Fence ���" 1 Deduc,:ble S o See Form �- UT 0331 ^N if no decurlble statea above the'deductible shall be S1GO each occurrence. S1.000 aggregate eacn cccur-ence. d SECTION Il-LIABILITY COVERAGE LIMIT OF L!AbIL!:! a� I Bodily Injury Liaoility 1 r v Property Damage Uaodiry l REFER TO SCHEDULE ON ScCT10v I:ir8!L;T! 77A) '•emses Medical?3vments COVERAGE=^R'+IS Agol.Coy.(Specify) I Directors & Officers-Broad Form CGL 1 SECTION III- CRIME COVERAGE C l As stated in the endorsement made cart of`his Poucy,tr indicates by SECTION IV-BOILER AND MACHINERY COVERAGE a. Forms and Enoorsements made part of this policy 3t time or issue not stated below: ;insert Nos. and Ed. Dates)M_P- 00 90 i-i 7 See attached Endorsement & Form Schedule ! ! b. Secron I - Forms and Endorsement only Si- a hed Endorsement & Form Schedule C. Section If — Forms and Eraorsement only: r Z . Sep Attached Endorsement & Form Schedule � d. Section III - Forms and Endorsement only: e. Section IV- Forms and Endorsement only: 7• Mortgagee 'lame and Address v C7-•C�V`-OC 1 C��� -�� C Id. I The Total Advance Premium is S 10,965 and is payable S 3,655 3t:ncection.3na S 3, 635 3t each anniversary. UNLESS INDICATED BY AN X IN THE BOX BELOW AS"NOT APPLICABLE" THE PREMIUM FOR INSTALLMENTS SUBSEQUENT'0 THE INITIAL INSTALLMENT I SHALL BE SUBJECT TO ADJUSTMENT ON THE BASIS OF THE RATES IN EFFtU AT EACH ANNIVERSARY DATE. _S Nul APPLICABLE. Countersigned at w Bedford, MA by ��ROtM ibplflfgn! 4NZew Office Sales Reweseatanve Pol.4.G.. RA11N1 BASIS- 'es So I Avert Basis :!aims Office iep�p Eso.Rated Bedford-115 Carraher-7023 C S Rem ❑ C3 10-050 R2 February 15,' 1984 Ms. Helen G. Whiting, Secretary Pinebrook Condominium' Trust Community Building Totim House Terrace Hyannis,. Na. 02601 Dear Hs. Whiting: Semi-public and public swimming .pools in the Town °of Barnstable will be granted . 'a permit only if all ,provfsions of 310 CHR 12, Minimum 'Standards for Swimming Pools (Tittle 2, of the State Environmental Code) are'me-t. Copies of this regu.- lation can be purchased at the Board of Health office. . All swimming pool ope- rators should have a copy of this regulation. Significant regulations includes REGULATION 12.28: Your swimming .pool must be filled and chlorinated prior to receiving 3 permit. The swimming pool water must be tested and must meet State standards. The County Lab has certain. days they will do' the testing. . Please call 362-2511, extension 331, and arrange for an appoint- ment and instructions for this testing. Do not wa.it. until the last minute, you must allow a few days to get the testing done. You may also have your swimming pool water tested by an accredited laboratory. Pools cahnot open until test results are received by the Board of .Health and you are issued a perni.t> REGULATION 12.06: Requires automatic chlorinators. (See attached Department of Enwironmental. Quality Engineering interpretation). REGULATION ,12.23: Gives lifeguard requirements. The Board rules on modifications to lifeguard requirements on the first and third Tuesdays of each month. Any requests for modification should be submitted prior to these dates. Ms. Helen G. Whiting, Secretary Pinebrook Condominium Trust February 15, 1984 Page 2 Operators without modification approval will 'be required to have certified lifeguards in attendance when the -pool is open until modification approval is obtained. Sunbathing within the pool enclosure is prohibited, if no lifeguard is on duty.' The pool Faust be locked and free of persons if no .lifeguard is on duty. If you have any- questions, please call. Very truly yours, John 11. Kelly Director of Public Health JMK/mm encl.` 1 You.must also pass an inspection,by 'the Board of Health prior to opening your swimming .pool. Please schedule well in advance. -LOCAT10 � ' 1 SEWACE PERMIT NO. VILLAGE INSTALLER'S NA E &_'ADDRESS d U 1 L D E R OR OWN ER DATE PERMIT ISSUED DAT E COMPLIANCE ISSUED 09 i TA JA Bec•r.;;;; effective September 8, 1983, after being published in the The Barnstable Patriot t P�OFtHET TOWN OF BARNSTABLE ro `� OFFICE OF = BAaasTesrr.MMN. BOARD OF HEALTH i639. 367 MAIN STREET �o Mar k• HYANNIS, MASS. 02601 GROUND WATER PROTECTION The Board of Health, Town of Barnstable, Massachusetts, in accordance with, and under the authority granted by Section 31, of Chapter 111, of the General Laws of the Commonwealth of Massachusetts, hereby adopted the following rules and regulations after a public hearing at a meeting of the Board held on Septem- ber 6, 1983. PURPOSE: The protection of ground water in the Town of Barnstable The ground resources of the Town of Barnstable are its sole source of water supply. It is now known and demonstrable that public supply wells draw water from a substantial land area. It is known from experience that high density housing can over time cause serious deterioration of ambient groundwater by nitrate contamination. It has been proven that nitrate contamination _ in drinking water can be a serious public health problem. Calculations performed by Cape Cod Planning and Economic Development Commis- sion indicate that housing units placed on one acre parcels will produce the maximum recommended planning limit of 5 ppm. nitrate-nitrogen in ground- water. Proposed subdivisions within 3,000 feet of a municipal sewer line shall connect all building lots in the subdivision to the Town sewer if any lots in the subdivision are les;'s than one acre and are located within a zone of contribution t`b a public supply well. Zones of contribution will be determined by the Board of Health. All new. multi-family dwellings within a zone of contribution to a public supply well within 3000 feet of a municipal sewer line shall connect to the public sewer. All new commercial structures within a zone of contribution to a public supply well within 3000 feet of a municipal sewer line shall connect to public sewer. Outside of the Zones of Contribution to Public Supply Wells, any new construc- tion on lots of less than 1 acre that are within 3000 feet of a sewer line shall be considered for mandatory connection' to said line if the Board of Health determines that onsite sewage disposal systems will contribute to the degradation of the water quality of private wells, lakes, ponds or coastal embayments. l i VARIANCES to the regulation may be granted by the Board of Health after a hearing during which the applicant proves that the installation of onsite sewage disposal systems will not have a significant adverse affect on surface or subsurface public or private water resources. The Board in granting variances will consider if strict interpretation of this regulation would do manifest injustice to the applicant; however, the applicant must demonstrate that the same degree of environmental protection required by this regulation can be achieved by other means. i r latio is t take effect on the date of publication of this notice. R bert L. Childs, hairm Ann Jane- shbaugh H:' F. Inge, M: D. BOARD OF HEALTH TOWN OF BARNSTABLE APPROVED AS TO FORM Asst. Town Counsel Pd. $5.00 7/29/83 TOWN OF BARNSTABLE WATER POLLUTION CONTROL DEPARTMENT { A"FrUM.YO.QL. 1 APPLICATION FOR SEWERAGE PERMIT Permit N4 1631 O pY� I _.._..Eini�brota.�t.... Qndam�i u�ll .,._ .]dg _. , �1,,,,•2.,3_,3A,4_,..,•..._•__�._.,_•,�,,,� owner of the Estate hereby Full Name i apply for a sewer connection from _.......TaToinhQ Em....le.rx.QG.c..,....Ry..a..._»» for the purpose of draining the following: Street and No. Water Closet Shower ___ _ _ _ Urinal _........._.» _...___ _ Other Sink .........._.... . _ Lavatory Bowl _ _» Dish Washer _. »..» _ _ Other Bath Tub Set Tub _------ _..._ Washing Machine » »_. Other ....» i to the common sewer on ..:.W...... Fixture Rate ] j Street Meter Rate ❑ relating sewers I ' s. And the undersigned further agrees to strictly conform to the Laws and ordinances re g to , and to the rules and regulations that are now in force or may be adopted in relation thereto, and also to the plumbing laws and ordinances so far as they relate thereto. # b. And the undersigned further agrees for himself, his heirs, devisees and assigns, that the said Water Pollution Control Board shall have access at all reasonable hours to the said premises, to see that all the laws, ordinances, rules and regulations relating to the sewer are complied with. Owner's Signature i Accepted _Ju-1y_--1I.. -----.___._»_.. .»»... __ ' Addr + Date / By ent/Attorney C ® Cont ctor's Signature f B Address y » ater=Pollution-Con ral�oard �J��%`�,1 t White - Office opy; Canary - Treatment Plant; Pink - Company; Goldenrod - Owner Fee Pd-. $2 F00 TOWN OF BARNSTABLE WATER POLLUTION CONTROL DEPARTMENT 11. '619. � APPLICATION FOR SEWERAGE PERMIT Permit No 256 Pinebrook Condominium Community House (3 bldgs.) 4 _........... Full Name _._ owner of the Estate hereby W. M81II Street for the purpose of draining the following: apply for a sewer connection ...from ». »..........»....»....»»»...».»...._».._.. ..._.............»..........». Street and No. Water Closet »_ Shower »_ _ _ _• .....».._ Urinal Sink Lavatory Bowl » Dish Washer ___» Other W Bath Tub __ Set Tub _ .» _ 'Washing Machine » » Other W Main 'Street '`' _» r to the common sewer on � �---- Fixture Rate »._._._...»..._.»».».»»_Street» ._._.»_...... , j a. And the-undersigned further agrees' to strictly--conform to the Laws and ordinances relating to sewers,__, and to-the rules-and regulations that. are%now;in force or may be adopted in relation thereto, and also to the plumbing laws and ordinances so far as they 'relate_tliereto. k b, And the -undersigned further agrees for himself; his heirs,f'devisees and assigns, that the.•said"Water Pollution.Control Board shall have access at all reasonable hours to!the said premises, to see that all the. laws, ordinances, rules a r gulations r atfng to the' sewei�sre complied 1, fI r Owner's Sig natur + .�!r '_T�L L�'n4'��� � Accepted/. +- _ ,p i Date y _ C C r t/ _ �__�.. . _ .�. .B _�.__�• ent At rney . r Contractor's Signature + — =—� ��� �t By .._.. .....».......». ._._...._.»...__ .»»..»»........» ..... ...» _ ress _ '�„# _... Water Pollution Control Board White - Office Copy; Canary Treatment Plant; Pink - Company; Goldenrod - Owner FT E TOWN OF BARNSTABLE OFFICE OF i BAH MASIL E, ! BOARD OF HEALTH y n6& p� °°iDtEo MAY•k�e� 367 MAIN STREET HYANNIS, MASS. 02601 June 21, 1983 Ms. Helen G. Whiting, Secretary Pinebrook Condominium Trust Community. Building - Town House Terrace Hyannis, Ma. 02601 Re: Your outside swimming pool - Bather Load Capacity - 47 Modified Bather Load Capacity - 19 Dear Ms. Whiting: We will allow you to set a maximum capacity of 19 persons atyouu.r.swimming pool. This includes persons in your pool and includes all other persons within your pool enclosure. The following conditions must be complied with. (1) The pool must be supervised by a swimmer qualified by you at pool site at all times the pool is open. This swimmer must be familiar with life saving equipment and knowledgeable in first aid procedures including resuscitation. c, (2) You must keep a permanent record on a form prescribed by the Board of Health listing each swimmer supervising the pool when it is in use. (Sample of prescribed form is enclosed) . Y (3) We must have a copy of your insurance policy naming the Town as co-insured in the amount of $1,006,000. (4) All other regulations contained in 310 CMR 12.00, Minimum Standards for Swimming Pools, must be strictly complied with. You are granted this modification of your present pool capacity of 47 persons because you have stated your pool is used by less than 19 persons at all times. Our health inspectors have verified that you have had less than 19 persons at pool site during their inspections. Please be advised that`if you exceed this capacity of 19 persons, your modi- fication will be invalid and you will revert to your measured bather load capacity of 47 persons. A certified lifeguard will then be required.. Ms. Helen G. Whiting Pinebrook Condominium Trust Page 2 June 21, 1983 In the event your pool is used by 'persons other than owners, tenants, and their guests, or by persons charged a fee, it is your responsibility to provide a lifeguard with a current Red Cross Senior Lifesaver's Certificate or a National " Y.M.C.A. Senior Lifesaver's Certificate. The Board also reserves the right to require a certified lifeguard if violations of 310 CMR 12.00, Minimum Standards for Swimming Pools, are observed. Very, my yours, RoVert L. Childs, Chairman Ann Ja baugh H. F. Inge, M D. BOARD OF HEALTH TOWN OF BARNSTABLE I /mm encl. 1 3 r "_ _.,_mot. ......�.�.�.�.`-•.-„ PINEBROOK CONDOMINIUM TRUST COMMUNITY BUILDING - TOWN HOUSE.TERRACE HYANNIS, MASS. 02601 June 16, 1983 Town of Barnstable Board of Health 367 Main Street Hyannis, Mass. 02601 Re: Swimming Pool, Pirebrook Condominium, Request for Variance Dear Sir: The Board of Trustees of the Pinebrook Condominium Trust hereby submit our request for a variance from Regulation 16. 04 of 310 CMR 16. 00 Minimum Standards for Swimming Pools which requires a swimming pool with a capacity of over 20 persons to have a lifeguard on duty. Enclosed is our insurance policy which is required for this variance showing proof of liability and naming the Town as an insured in the sum of $1,0009000 (one million dollars). Very truly yours, BOARD OF TRUSTEES Helen G. Whhiting, Se etary This endorsement modifies such insurance as is gffordbd by the provisions of the policy relating to the following: , 1 COVERAGE A — BODILY INJURY LIABILITY COVERAGE B — PROPERTY DAMAGE LIABILITY t ADDITIONAL INSURED (Premises Leased to the Named Insured) It is agreed that the "Persons Insured" 9 Provision is amended to include as on insured the person or organization designated below, , but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises designated below leased to the named insured, and subject to the following additional exclusions: j The insurance does not apply: 1, to any occurrence which takes place after the named insured ceases to be a tenant in said premises; 2. to structural alterations, new construction or demolition operations performed by or on behalf of the person or organization designated below. j SCHEDULE t Premiums Loco- Designation of Premises Name of Person or Organization Coverage A Coverage B i tibn No. (Part Leased to Named Insured) (Additional Insured) Bodily Property Injury Damage Liability Liability 1-10 See Dec. Town of Barnstable Incl. Incl. j Barnstable, MA I - 6 r I i This endorsement is executed by the company below designated by an entry in the box opposite its name. Premium S E LIBERTY MUTUAL INSURANCE COMPANY Effective Date Expiration Date ❑ LIBERTY MUTUAL FIRE INSURANCE COMPANY For-attachment to Policy or Bend No. KA1-512-401253-021/6 Audit Basis /�4 Issued to �014 ytwrt.w. ..evoe«� Wort Units 1— i Countersigned by ................................................... pMMorized Reor^Yntaiive , Issued Sales Office and No. End. Serial No. 13 GL 20 11 (10/1/66) LC LG LM LO s /moo/8 o R� gpooK CO/VD(:9- C)uTDook POOL No D/V/NG. T30gR.� T 34' DEE v SS HALLOW 57�1//25 34 y aQ _ 9, 6 48 LlrEGu42D IZE Eb 3 %x/g a o : 3 CsH.�c�o ) L/ 7 PINEBROOK CONDOMINIUM TRUST COMMUNITY BUILDING - TOWN HOUSE TERRACE HYANNIS, MASS. 02601 June 2, 1983 Mr. John Kelly Board of Health Town Hall Hyannis, Ma. 02601 Dear Mr. Kelly: We are going to complete the entire project of connecting all the houses at Pinebrook Condo- minium to the sewer lines on Idest Main Street. r We have signed a contract with Brentwood Construction Company to do the work. This work is scheduled for the week of June 27, 1983, and the completion date is July 23, 1983. Your secretary said you would like a Letter to this effect. 'fiery truly yours, Stuart Palmer, Chairman SP/hw Al alth Dept D R6j� rnstable J U N 7 1983 a � , :. K r. .:Swar Pa1mei a Chaiscmapi is y �41)oa:f May 18, 1983 Mr. Stuart Palmero Chairman Pinebrook Bard of Trustees Community Building - Town Douse Terrace Hyannis, HA. 02601 -Re.* Pinebrook Condominium , Dear Nr o Palmer., Thank you for your letter dated May 140 1983o concerning con- .necting all of the Pinebrook Condominium complex to the Town sewrer o Ile will allow you .to complete the project in two phases as you agreed to in your lettero The first half to be completed by,. June 300 1983, and the balance by 'June 300 19840 You are reminded that the entire connection eras. to be accomp plished in 1998. You were then given until April, 1981, to connect all buildings. We have been extreme y lenient in our dealings with your associ- ation but will not tAolerate any further delayso Your cooperation in cohering to your prop''osall -is anticipated and expected. - Very truly yours, Robert L. N��O_Cjillimifi - • s augh 0 o nd Ma Do BOARD OF TH TOWN OF BARNSTABLE aaC/mm PINEBROOK CONDOMINIUM TRUST COMMUNITY BUILDING - TOWN HOUSE TERRACE HYANNIS, MASS. 02601 May 14, 1983 Town of Barnstable Board of Health Hyannis, Ma. 02601 Gentlemen On May 129 1983, a committee from the :Finebrook Condominium Trust met with Mr. William Marivella of , the town engineering department to arrange final details for connecting the balance of the units to the Main Street sewer lines. He outlined the method of connecting that would be acceptable to his office and found the .plans that were drawn by Eldrige Tngineer- ing to be acceptable.. The committee then met with John Kelly of the Health Department to let him know of their intention to proceed with the connection. Following this; they met with Jack Fein of the Chandler Construction Company. He feels that he could start work on June 15, 1983. Due to high cost of this work and the fact that we have many unit owners who may find it difficult to pay their assessment, the Board of Trustees respect- fully request that you allow them to complete this project in a two phase program. This would allow completing of the first half by June 30, 1983 and the balance by June 30, 1984. This would allow the Trustees to meet their obligation to the owners as well as .their responsibility to the Town. of Barnstable. Favorable consideration of this request will be greatly appreciated. Sincerely, D Health Dept. Town of Barnstable D Stuart Palmer, Chairman Finebrook Board of Trustees S '/h�Y 6 1�83 I PINEBROOK CONDOMINIUM TRUST COMMUNITY BUILDING TOWN HOUSE TERRACE HYANNIS, MASS. 02601 April 22, 1983 i Board of Health Town of Barnstable 367 Main Street Hyannis, Ma. 02601 Dear Sirs: We are in receipt of your letter of April 69 1983, concerning the matter of the connection to the Town sewer at . Pinebrook Condominium. The Chairman of the Pinebrook Condominium Trust is Mr. Stuart Palmer..- He has been out of town for several months but is expected to return before May 1. Please be assured this matter will be brought to his attention immediately upon his return. Sincerely yours, 1 Helen G. Whiting, Secretary O Health Dept. Town of Barnstable D 'APR 2 g 1983 1 DATE April 26, 1983 ❑ URGEmr TOWN OF BARNSTABLE ❑SOON AS POSSIBLE • BOARD of HEALTH FILE NO. ❑ NO REPLY NEEDED 367 Main Street P. 0. Aox 534 HYANNIS, MASSACHUSETTS 02601 ATTENT/ON TO SUBJECT Mr. Robert Smith Town Counsel : MESSAGE Dear Mr. Smith: > We are enclosing a copy of a letter sent to Mrs. Margaret Whiting, Chairman of the Trustees at Pinebrook Condominium. We have not heard from them and intend to swear out a complaint -May 1.. Very truly yours, SIGNED n 1-1._Kelly REPLY DATE OF REPL Y j SIGNED SENDER: DETACH THIS YELLOW COPY FOR YOUR FILE. MAIL WHITE AND PINK COPIES WITH CARBONS ATTACHED. r ;nts n a SMER: Complete items t, 2, 3,and 4. `x' ° Add your address In the"RETURN TQI"' W. ;.space on reverse. r: (CONSULT PPSTMASsER FOR FEES) — C—_ t. T se following service Is`re{uested(check one). X Show to whom and date delivered............... ' € ❑ Show to whom,date,and address of deiivory.. 2. ❑ RESTRICTED DELIVERY........................... ` c (The restricted defivery too is charged In adWilon to the'raturn rece!pt too.) i TO4 ... 3..ARTICLE ADDRESSED 70: ,,.?'�I.' rs.Margaret Whiting 32 Townhouse Terrace M. ;! 02601 YANNIS MA 4. TYPE OF SERVICE: ARTICL•-F'iJUMBER ❑REGISTERED ❑INSURED ` DftRTIFIED OCOD P 253 ':8 4:.;4 ❑EXPRESS MAIL (Always obtain signaturo M addressee or i have received the article described above. SIGNATURE ❑Addressee []Authorized agent` r; 5' DATE` F DELIVERY , a a( taus 'side) e (a 6. ADDRESSEE'S ADDRESS(Only d red M .s C , M Z. T. UNABLE TO DELIVER BECAUSE: M ro UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS I SENDER INSTRUCTIONS Print your name,address,and ZIP Code In the space below. �■®® •Complete Items t,2,8,and 4 on 11%reverse. •Aftacb to front of ankle It space pormb, otherwise affix to back of article. •Endorse article"Rotors Recelpt Requestod" PENALTY FOR PRIVATE •adjacent to number. USE,am RETURN TO BOARD OF HEALTH (Name of Sender) TOWN OF BARNSTABLE I (S rdet o4rTb7 . HYANNIS MA 02601 0534 (City,State,and ZIP Code) ✓ I 4 I P M- 814 442, RECEIPT FOR CERTIFIED MAIL NTINSURANCE COVERAGE PROVIDED— NOT FOR INTERNATIONAL MAIL (See Reverse) _ SENT TO Mrs. Margaret Whiting STREET AND NO. P.O.,STATE AND ZIP CODE POSTAGE $ CERTIFIED FEE ¢ SPECIAL DELIVERY ¢ RESTRICTED DELIVERY ¢ cz W W W SHOW TO WHOM AND ¢ DATE DELIVERED co 0= y SHOW TO WHOM,DATE, y y AND ADDRESS OF ¢ S DELIVERY z � c w SHOW TO WHOM AND DATE DELIVERED WITH RESTRICTED ¢ 0 o s DELIVERY SHOW TO WHOM,DATE AND ADDRESS OF DELIVERY WITH ¢ �p RESTRICTED DELIVERY n TOTAL POSTAGE AND FEES $ 1 . 55 Q POSTMARK OR DATE 00 e . mailed 4/6/83 4 0 �1 a � STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front) 1. If you,ufant this receipt postmarked,stick the gummed stub on the left portion of the address side of the article,leaving the receipt attached,and present the article at a post office service window or hand it to your rural carrier.(no extra charge) 2. If you do not want this receipt postmarked,stick the gummed stub on the left portion of the address sift of the article,date,detach and retain the receipt,and mail the article. 3. If you want a return receipt,write the certified-mail number and your name and address on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If return receipt is requested,check the applicable blocks in Item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. 3 *GPO: 1980 331-003 April ti, 1983 Mrs. Margaret Whiting Chairman, Board of Trustees Pinebrook Condominium 32 Townhouse Terrace Hyannis, MA. Dear Mrs, Whiting On December- 5, 1975, the Board of Health issued an order in acord- ance with Chapter 83-11, of the Massachusetts General Laws and Regulation 2.10,. of Article XI, of the State Sanitary code, directing Pinebrook Condominium connect to the Town sewer, and were given until April, 1977, to .make the connection. Mr. Charles S. McLaughlin, Jr. , attorney for Pinebrook, -requested a meeting with the Board of Health to discuss the connection and re quest an extension of time which was granted for one year- until April, 1978, to connect buildings 6, 7 and 8 to the Town sewer. He was granted a further extension until April, 1981, to connect all other buildings in the complex. Mr. Robert D. Smith, Town Counsel for the Town. of Barnstable, wrote to the trustees, in care of Mr. Lawrence Robinson, on April 6, 1982, requesting the status of the plans to connect to the sewer. On June 15, 1982, Mr. .Manuel .Davis, Trustee, ' informed Mr. Kelly by . letter that Pinebrook Condominium Trust was proceeding to satisfy the Board's directive. Mr. Davis stated the trustees .had contacted Mr. Jack Fein for estimates and had requested sewage engineering plans be prepared and would be contacting the A'oard without, delay_ On August 4, 1982, Mr. Davis left an .estimated -bill from Mr. Fein for the connection with Mr. Kelly. According to the records of the Department "of Public Works, the connection ,still has not been made - as•'.of March 2H, 1983. We feel we have been more than lenient in extending time to make the required connection. Mrs. Margaret Whiting Pinebrook Condominium Page. 2 April '6, 1983 If the connection is 'not made by May 10 19830 a complaint will- be filed in the First District Court. Very truly• yours, Robert L. Ch' ds, Chairman - Ann"Jahbau R F. IngbL M. D. BOARD OF HEALTH TOWN OF BARNSTABLE JMK/mm III ` Barnstable Construction Co., Inc. DaA/ Chandler Construction Co. DRAINAGE&WATERWORK INSTALLATIONS&REPAIRS Bodick Road . Hyannis,MA 02601 Tel.775.3357 August 4, 1982 PROJECT MAILING ADDRESS PINEBROOK CONDOMINIUMS DAVIS ASSOCIATES West Main Street 2439 Route 149 Hyannis, MA. West Barnstable , MA. 02668 ATTENTION: Mr. Manuel Davis Dear Mr. Davis; I have reviewed the plans for your proposed sewer installation as drawn by Eldridge Engineer' s and have spoken with Mr. Campo, Superintendent of Public Works , and Mr. Hallet of the Town' s Environmental Protection Agency. My proposal based on these discussions is as follows: PITCHER'S WAY 145 Lin. Ft. 8" PVC Pipe @ 50.00 $ 7 , 250.00 1 Sewer Man Hole @ 1000.00 1 ,000.00 175 Sq. Yds. 3" Bit. Concrete@ 10.00 1, 750.00 TOTAL $ 10 ,000.00 YOUR PROPERTY 1090 Lin. Ft. 6" PVC Pipe @ 25.00 $ .27 , 250.00 5 Sewer Man Holes@ 800.00 4,000.00 290 Lin. Ft. 4" PVC Pipe @ 12.00 3,480.00 3 Cleanouts @ 50.00 150.00 Cutting Tree$. & Removing @ 3000.00 3 ,000.00 7. TOTAL 37 ,880.00 COMBINED TOTAL $ 47 ,880.00 July 21, 1982 xr. Manuel H. Davis Chairmano Board of. Trustees Pinebrook Condominium Trust Wast Main Street Hyannis, H,. Re: The outoide .swimming pool at Pinebro.ok Condominiums nnthnK Roach capacity o 48 Dear 11r. Davis You wre granted a variance on behalf of ,Pinebrook Condominum Trust, frcm REgu�,ation 16.04, of- 310 CMR' 16.00,. Minimum Mandardas for Swim- ming Fools, w%Y ch requires a- .se-imming pool eYith a Capacity of over 20 persons to have, a li faquard with a current Red Cross Senior Life- s ever's Certif cuto or a- Mational Yo M.C oA o Senior Lifesaver°s Cartid- f icate, vita the following conditions P 10 f cric mnot bo a s,(3immer, eighteen (18) yaq.Lrs of age, or 'oldero LEA cce1'), ra%Lt nttondance during bathsinq hours and no bathers cam b(;:, admitted to the cool unless this @,vimmer is p%ysically prec�ant at the pool site. Wo wish to make it c1car that this. sear., car °rnt be at the pool and cannot -be observing frog+ 01,00 'harw. This ce•9immar Faust be faml,Aiar with the use of safctay acr.aipment and H:Fe saving procedures.. The ')3oaard will aclhinistnr a nq-rimming test to each swimmer at the pool o These persons arc the only porsonnal authorized as. swimmers at the pool. 11-2magement wi11 not be allowed to qualify swimmers. A reproGentntive from the Health Department will a6mininta2 the sc-Y miming test on the date of your inspection prior . to your opening of the pool. All of your swimmers mint be present for the test at this time. No other,.pers©ns can be used to supervisd your pool unless they have .a current Red Cross Senior Lifesavar°s' Certificate or a National Y.Mo C.A. Senior Lifesaver°s Certificate. 2. We mmst have a copy of your lia!Ality insurance naming the Tocm as an inaured in the sum of $100000000 on file. 3. No more than twenty parsons shall .be allowed in the pool area. Mr. Manuel H. Davis Chairman, Board of Trustees Pinebrook Condominium Trust Page 2 July 21, 1982 4. In the event your pool is .used by persons other than owners, tenants, and their guests, or persons charged a fee, it is your responsiblility to provide a lifeguard with a current Red Cross Senior Lifesaver°s Certificate or a National Y.M,C,A. Senior .Lifesaver°s �Certificateo All other provisions of 310 CMR .16,00, Minimum Standards for Swimming Pools (Article X1 of. the State Sanitary Code) must be strictly adhered to. This variance tAll be void in the .event any of: the above conditions are not comp5licd with. This variance expires December 31, 1982, filer tru yours, R14beit .1,o Ch Ids Chairman .Ann Jann. R. hbCugln H, F. Incpc, ,Ma Do BOARD OF 7RUI TH TOWN OF BARYSTRBLE JMK/mm July '6, 1982 Town of Barnstable Board of Health Hyannis, Mass. 02601 Geltleman: r The Pinebrook Condominium Trust, West Main Street, Hyannis, Mass. , respectfully requests a continuance of a variance from regulation 16.04 of 310 CMR 1600, Minimum Standards for Swimming Pools, which requires' a lifeguard on duty. We will continue the practice of having a qualified swimmer present at all times when the pool is in use. We will furnish the Town of Barnstable with a certifi- cate of insurance in the amount of $1,000,000, to-pro- tect the Town. very truly yours, Man el H. Davis Chr. Board of Trustees THE COMMONWEALTH OF MASSACHUSETTS ......... ....... ...OF............................................................................... . .. HEALTH DEPARTMENT SWIMMING POOL INSPECTION REPORT NAME //���PG C !� ?r1� DATE ADDRESS TEL. NO. OPERATOR MAX. BATHING LOAD PERMIT POSTED Regulations of the Massachusetts Sanitary Codes Article VI-"Minimum Standards for Swimming Pools". ITEMS: 1. DEFINITIONS, 2. PLAN APPROVAL, 8. SEWERAGE, 11. BATHER LOAD, 12. STRUCTURE, 14. OONSTRUCTION, 15. INLETS AND OUTLETS, 16. CROSS CONNECTIONS, 17. SKIMMERS, 18. DIMENSIONS, 20, WALKWAYS and 21. LADDERS. These items approved on the construction plan are of permanent nature and need not be checked at each inspection. /eL 2 3. HEALTH: No employee sick, bathers take showers, clean bathing suits, sick or infected bathers not allowed, spitting prohibited, no glass or dangerous objects. Health and Shower signs posted. 4. LIFEGUARDS: No unsupervised swimming. Trained lifeguards in attendance according to Health Dept. ruling. 5. SAFETY: One shepards crook and one ring buoy with adequate rope for each 2000 sq. ft. water surface. 6. FIRST AID: Red Cross first aid kit (24 unit or equivalent), emergency telephone numbers posted, local `` police, state police, fire dept., and several available physicians. Telephone available (not pay station). J 7. BATHHOUSE: Separate dressing and sanitary facilities for each sex, adjacent to pool, adequate, well lighted, drained, ventilated, impervious construction and light color. One shower and one toilet per 40 bathers (min. 2 ea.), hot and cold water, soap provided, one wash bowl per 60 bathers. No common cups, towels, combs or brushes. Emergency room provided for sick or injured bathers, with cot and blanket. Foot showers (if required). Pool adequately enclosed Approved drinking water facilities. 9. CLOSURE: Operator to close pool when water does not meet the requirements of this code. `A 510. PERMIT - RECORDS: Permit posted. Written records available of daily operation of the pool, including attendance, water tests, chemicals used, hours of operation, backwashing and other information required. '/—"",'>13. RECIRCULATION - FILTRATION: Purification system capable of maintaining quality of water, turnover every 8 hours, Maxi filtration rate 2-3 gal, per min. per sq. ft. filter. Disinfection equipment finely adjustable. : 19. DEPTH MARKINGS: Marked on deck and walls at one foot intervals (shallow end) 25 ft. intervals (deep end). 22. DIVING BOARDS: Rigidly constructed, properly anchored, braced for heaviest load, sound, no splinters or cracks, non slip surface. Not over 10 ft. above water level and at least 13 ft. unobstructed head room. L 23. WATER SOURCE: Water used in any swimming pool shall be from a source approved by the Health Department. .524. BACTERIOLOGICAL QUALITY: Health Dept. shall cause water samples to be analyzed as considered necessary. Quality shall meet the USPHS drinking water standards. Untreated water not over 2400 MPN Coliform. 1 J 25. CHEMICAL STANDARDS: Treated with chlorine or other effective method. Tests taken daily or more often as required by Health Dept. Chlorine residule .4 to 1.6, 'pH 7.0 to 7.5. ee 26. TESTING EQUIPMENT: Testing equipment provided, in good repair and complete with fresh reagents. 27. WATER CLARITY: A 6 inch black disc at bottom of deepest part of pool visable at 10 yards away. Z. :32. WADING POOLS: Quality of the water shall be the same as swimming pools. Turnover 4 hours or less. I MARKS:. )"r.> /R.'/°/r, 11 &nF A/1111016G 4*7 r PERSON INTERVIEWED SANITARIAN FORM 1708 HOBBS&WARREN, INC. - , l 0 CA—T-I ON c-� SEWAGE PERMIT NO. (0--.5tohoos VILLAGE 1NSTA LL_ER'S NAME i A-DDR-ESS. i �t-i� C'PS� 6?ru a e_e 6UILDER� ORS NEQ— DATE PE-R-MIT FSS {LED DAT E- CO:MRLIANCE 1-SSUE71) ,7,/ - � �'tn f�rrw Coe)Jo • A.9 p� !00© � iTc �l �S WA7' Certificate. of-InsuranceN- -_ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS,,NO-.RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND,EXTEND,OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. *,THIS CERTIFICATE VOIDS AND SUPERCEDES PREVIOUS CERTIFICATE DATED 7J19/82 LIBERTY This is to Certify that MUTUAL LIBERTY NEW INSURANCE COMIMF LIBERTMMUTM FIRE INSURANCE CBMM•=TON FPINEBROOK CONDOMINIUM TRUST Name and Community House, Townhouse`Terrace address of Hyannis, MA Insured. is, at the date of this certificate, insured by the Company under the policy(ies) listed below.The.insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and conditions and is not altered by any requirement,term or condition of any contract or other- document with respect to which this certificate may be issued. TYPE OF•POLICY EXPIRATION DATE POLICY NUMBER LIMITS OF LIABILITY COVERAGE AFFORDED UNDER W.C. LAW OF. LIMIT OF LIABILITY-COV B FOLLOWING STATES (Indicate Limit for each state) WORKERS' COMPENSATION DOES NC T APF LY MARITIME COVERAGE-FOLLOWING STATES LIMIT OF LIABILITY MARITIME COVERAGE COMPREHENSIVE BODILY INJURY PROPERTY DAMAGE FORM EACH EACH ❑SCHEDULE FORM $ OCCURRENCE $ OCCURRENCE Q ❑PRODUCTS COM- PLETED OPERATIONS DO S iq§T AGGREG, Y AGGREGATE J ❑ W_ w Q INDEPENDENT CON- COMBINED SINGLE LIMIT O J ❑TRACTORS/CONTRAC- BODILY INJURY AND PROPERTY DAMAGE TORS PROTECTIVE $ EACH OCCURRENCE ❑CONTRACTUAL LIABILITY $ AGGREGATE G Z ❑OWNED $ EACH ACCIDENT-SINGLE LIMIT-B.I. AND P.D-COMBINED j m ❑NON-OWNED S @ EACH PERSON Q �, HIRED � EACH ACCIDEM Y EACH ACCIDENT P OR OCCURRENCE OR OCCURRENCE ` W Special !` ,= multi. O Peril 9/2/84 M-512-401253-021. Combined single limit $2,000,000 each LOCATIONS) OF OPERATIONS & JOB# (If Applicable) occurrencQE$AnldI @ &P_S: Mown of Barnstable is named as an additional insured. NOTICE OF CANCELLATION: .(NOT APPLICABLE UNLESS'A NUMBER OF DAYS IS ENTERED BELOW). BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST DAYS NOTICE OF SUCH CANCELLATION OR REDUCTION HAS BEEN MAILED TO: r TOWN OF BARNSTABLE (� Health Department VV • •; b` Barnstable., MA AUTHORIZED REPRESENTATIVE 1 7/23/82 rGT New Bedford DATE ISSUED OFFICE L. J This'certificate is executed by LIBERTY MUTUAL INSURANCE COMPANY as respects such insurance as is afforded by That Company,it is executed by LIBERTY MUTUAL FIRE INSURANCE COMPANY as respects such insurance as Is afforded by That Company. BS 234 R11 Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND,EXTEND,OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. LIBERTY This is to Certify that MUTUAL (- MR"YU1Wl R6URMGf CC~ IIRERT MUTM ME INSUIGXa CO~ BOSiRII I PINEBROOK CONDOMINIUM TRUST Community House, Townhouse Terrace Name and address of Hyannis, MA Insured. L_ J is, at the date of this certificate, insured by the Company under the policy(ies) listed below.The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued. TYPE OF POLICY EXPIRATION DATE POLICY NUMBER LIMITS OF LIABILITY COVERAGE AFFORDED UNDER W.C. LAW OF LIMIT OF LIABILITY-COV B FOLLOWING STATES (Indicate Limit for each state) WORKERS' DES NOT kPPLY COMPENSATION MARITIME COVERAGE-FOLLOWING STATES LIMIT OF LIABILITY MARITIME COVERAGE i ❑COMPREHENSIVE BODILY INJURY PROPERTY DAMAGE FORM EACH EACH ❑SCHEDULE,FORM DO S N T OCCURRfgL OCCURRENCE PRODUCTS COM- Hk Q H ❑ PLETED OPERATIONS $ AGGREGATE $ AGGREGATE W J ❑ m INDEPENDENT CON- COMBINED SINGLE LIMIT Lu Q TRACTORS/CONTRAC- BODILY INJURY AND PROPERTY DAMAGE —I ❑TORS PROTECTIVE $ EACH OCCURRENCE CONTRACTUAL LIABILITY $ AGGREGATE O OWNED $ EACH ACCIDENT-SINGLE LIMIT-B.I. AND P.D.COMBINED Q Q ❑NON-OWNED $ EACH PERSON A EAH ACCENT HIRED DO S T ORCO CURIRENCE LY RCOCCURIRDENCE Special LUi Multi 9/2/84 KA1-512-401253-021 Combined single limit $2,000,000 each occu-j - O Peril rence and aggregate LOCATION(S) OF OPERATIONS & JOB # (If Applicable) DESCRIPTION OF OPERATIONS: NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW). BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST DAYS NOTICE OF SUCH CANCELLATION OR REDUCTION HAS BEEN MAILED TO: F TOWN. OF BAMSTABLE Health Department Barnstable, MA AUTHORIZED REPRESENTATIVE 7/19/82 rw New Bedford LI DATE ISSUED OFFICE This certificate is executed by LIBERTY MUTUAL INSURANCE COMPANY as respects such insurance as is afforded by That Company,It is executed by LIBERTY MUTUAL FIRE INSURANCE ANY as respects such insurance as Is afforded by That Company. BS 234 R11 � I ............... THE COMMONWEALTH OF MASSACHUSETTS BOAR® OF HEALTH .......................T.°wn.........OF.....Barnstable........ ApplirFa#ion for Uispaa al Works Tomitrurtann ami# i Application is hereby made for a Permit to Construct ( ) or Repair ( x) an Individual Sewage Disposal System at: ......oownhous.. 7Herrac......Hyannis,---�'-.....02601...... ...........•••--•••...•---•........_..........----••••------••------..................._......--•• •-- --Location-Address or Lot No.MA 02601 Pinebrook Condominiums West Main St:, Hyannis, .... .._..._ ............... -- --. --• •------------- ................ Owner Address W A & B Cesspool Service 128 Bishops Terrace, Hyannis, MA 02601 a ........-... ............... .. Installer Address d Type of Building Size Lot----------------------------Sq. feet U Dwelling—No. of Bedrooms............................................Expansion Attic ( ) Garbage Grinder ( ) Other—Type of Building ............... No. of persons._........__................ Showers — Cafeteria a' Other fixtures ................................. . ---------•-•--.._----... .. W Design Flow............................................gallons per person per day. Total daily flow............._......._.........------------- gallons. ` W Septic Tank—Liquid*ca.pacity............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..................sq. ft. Z Other Distribution box ( ) Dosing tank ( ) Percolation Test Results Performed bY........................................................................... Date........................................ Test Pit No. 1................minutes per inch Depth of Test Pit.................... Depth to ground water......................... Gz, Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth to ground water........................ --------------------------------------------------------------------•------......--------•-----.....--••----••------•-•------•----•-•--•......•--•-.......... 0 Description of Soil......................................Sand.................................. -------------------------•--------•-------------------....................•--•- x U ; . .. W UNature of Repairs or Alterations—Answer when applicable...installation.--of..a ._l_,.OQO__I .P_....... tQne...packed ..................... if- Agreement: C!r/e-c9s_ 7- /6 The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of iITYLE 5 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 - health. Cd1�'v/&A Y �� Gdlt�cGcr 1-0 rdu,`c Signed ...4��� s�.C�_ vJ`8�� D�82 _.__. a e Application Approved By.............. .4..: ....... . ••.............. 82........... baiC k h/ -. / OGro 1o&,t - f Date �/ Application Disapproved for the ollowing reasons:-----•--------•-----------------------------------------------•---------------------------•-----•-•---•--•••-•-- ---------••----------•-••-•-•-•-••-••--•-••-•-----•--•---...•--•••---•--•.........••••--.......-••-----•-••-•----•---------••-•-•--------------------•••--•---••••-------•------••-•-•-------•--•••--••- Date I PermitNo 82.-...--•--...-----•----•--•••-••--••-•-••-••-...... Issued-.... .................................. Date No.. 2-....��_ .3 r z, FEs . ...Q0............... THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH Town.........OF.....Barnsfable....... ` ............................••............ Appliration for Disposal Works Tonstrurtion rrnti# Application is hereby made for a Permit to Construct ( ) or Repair ( X) an Individual Sewage Disposal System at: oownhouse Tex_race,t. Hyannis_,.-NA _02601 ..... ---.----- .-•---•--------------------------------•---•---•------------------------------"........--•- ... Location-Address or Lot No. Pinebrook C ondominiums West Pain St. ,.......................................Hi T 601 ----•-....---•••............- --• ••-••----••.....------•--•••--------••-...... ....... ..... ................... Owner Address a A & R Cesspool o1_ S_ ervice 122 £ishops Terrace, Hyannis, MA 02601 Installer Address Type of Building Size Lot............................Sq. feet Dwelling—No. of Bedrooms............................................Expansion Attic ( ) Garbage Grinder ( ) Other—Type of Building ............................ No. of persons............................ Showers ( ) — Cafeteria ( ) QI Other fixtures .................................. ...... W Design Flow............................................gallons per person per day. Total daily flow............................................gallons. WSeptic Tank—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..................sq. ft. Z Other Distribution box ( ) Dosing tank ( ) Percolation Test Results Performed by.......................................................................... Date........................................ aTest Pit No. I................minutes per inch Depth of Test Pit.................... Depth to ground water-----------------........ Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth to ground water........................ t� ----•----•-•--•-------------••-•-•-•--•••••••-•-••----••--••-••-•••-••-••-•••-........-•--------..........---•----.........................--•-••••---.....-. ODescription of Soil......................................Sand......................................................................................................................... V .................... ...............................................................=`•............................................................................................................... ------•-----------------------------------------------------------------•-----------•--••-•--••--•-•--------•--•-------------•---------•-----•••--•-•----•-•••---•--••--•----------..........----.--•--- Ul Nature of Repairs or Alterations.—Answer when applicable...ln0t411-%1 0n---Qf---a... ..9.a0ked leach..P-it...(overflow). ----------•-------------------- -------- --••-- -• ......................-. A cement: 3 0' 'W Y /;,-/ --/""//t�r larti e/� c u! s tf t`6s c,T`tf............. . �Gr14'/� - e "I The undersigned agrees to.install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of TILT�,1=. 5 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 health. Oco GL Signed. -. .:.............. i 71 5I 2.--•••-..... t kSf • GCaf�rZGGr y-fi r y.. .:_.... / D Application A proved BY % r Y' :_.. '' ...... 7`1�� 2 J Gv eG h1l .a �LJ� Date , A licatson Disa roved;.or, the ollowan reasons:' .................................. . ----. ......... PP PP f f., :� g, ................•--••-••••-•••---....•-••---•-•••••-•---•••••--•--••••-•••-••-•••.......--•-•----••-•••••.......•-•---••••-•--•--•••-----•-•-----------•-•-•-•••-•••-•--••----...--•-----•••...........-- Date Permit.No82-_---•-------------------------------------------- Issued_•-•7--1� Rz Date t.� t r t,;y ax THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH .................T own..............OF..........urn..st able Cyrrtifiratr of Tontplianrr THB IS I 0 CERTIFY, That the II dividual Sewage Disposal System constructed (( ) or Repaired (X ) A & Cesspool Service, t29 Bishops t rrace, Hyannis, MA 02601 by...............•-•-•------.-.------•-------•----•----•------•-------•-•--.--.-•-•-----------..----------------••---------_--...---------------..-.....-----•---..-----.---------------•-----•---••-- Townhouse Terrace, Hyannis, MA 026dr taller Pinebrook Condominium at.---•---.-.-..---•---------------•---.-..--..-.-...--------•--•-•-•-----•-------.----•-.-.----------------------------.------.--•-------•----••------------------------------------------------------ has been installed in accordance with the provisions of T�TIE 5 of The State Sanita 1C�c���s described in the application for Disposal Works Construction Permit No-----_._..- 473................ date �..-.....-......-------.--..-..---_-_.---•---. THE ISSUANCE OF THIS CERTIFICATE SHALT. NOT BE CONSTRUED AS A GUARANTEE THAT THE SYSTEM WILL FUNCTION SATISFACTORY. DATE.....7��5/R2.............•-.....•••...................-----•......•--- Inspector....-- k..... 'i74 - THE COMMONWEALTH OF MASSACHUSETTS • BOARD OF HEALTH 8?- T own Farn stable ...........................................0 F....- .............................-----•-•---....................... 00 No......................... FEE.......................... Disposal Works Tonstr Lion rrnti# A & E Cesspool Service Permissionis hereby granted...........................-........................................••-•••-••--..•..................•-••----•-.....................••....... :. to Const ct or Repair X n In ividu Se Dis s stem gg dd at No ownbouse Terra.c�, )Hayannis, M � ��51 P� ne rook Condominium Street �/ 5/ as shown on the application for Disposal Works Construction Permit No�2 .............. Dated..-.__.1.... 2....................... ------- ----------------------------------------- 7/15/82 o dar "oT Health DATE............................................................................... FORM 1255 HOBBS & WARREN. INC.. PUBLISHERS THE COMMO EALTH O M S ACHUSETTS . ..... .....OF HEALTH DEPARTMENT SWIMMING POOL INSPECTION REPORT 'A NAME - DATE ADDRESS TEL NO. OPERATOR MAX. BATHING LOAD PERMIT POSTED Regulations of the Massachusetts Sanitary Code: Article VI-"Minimum Standards for Swimming Pools". ITEMS: 1. DEFINITIONS, 2. PLAN APPROVAL, 8. SEWERAGE, 11. BATHER LOAD, 12. STRUCTURE, 14. CONSTRUCTION, 15. TNLETS AND OUTLETS, 16. CROSS CONNECTIONS, 17. SKIMMERS, 18. DIMENSIONS, 20, WALKWAYS and 21. LADDERS. These items approved on the construction plan are of permanent nature and need not be checked at each inspection. 3. HEALTH: No employee sick, bathers take showers, clean bathing suits, sick or infected bathers not allowed, spitting prohibited, no glass or dangerous objects. Health and Shower signs posted. 4. LIFEGUARDS: No unsupervised swimming. Trained lifeguards in attendance a9cording to Health Dept. ruling. J 5. SAFETY: One shepards crook and one ring buoy with adequate rope for each 2000 sq. ft. water surface. 6. FIRST AID: Red Cross first aid kit (24 unit or equivalent), emergency telephone numbers posted, local police, state police, fire dept., and several available physicians. Telephone available (not pay station). 7. BATHHOUSE: Separate dressing and sanitary facilities for each sex, adjacent to pool, adequate, well lighted, drained, ventilated, impervious construction and light color. One shower and one toilet per 40 bathers (min. 2 ea.), hot and cold water, soap provided, one wash bowl per 60 bathers. No common cups, towels, combs or brushes. Emergency room provided for sick or injured bathers, with cot and blanket, Foot showers (if required). Pool adequately enclosed Approved drinking water facilities. 9. CLOSURE: Operator to close pool when water does not meet the requirements of this code. &-10. PERMIT - RECORDS: Permit posted, Written records available of daily operation of the pool, including attendance, water tests, chemicals used, hours of operation, backwashing and other information required, /0-13. RECIRCULATION - FILTRATION: Purification system capable of.maintaining quality of water, turnover every 8 hours, Max. filtration rate 2-3 gal. per min, per sq. ft. filter. Disinfection equipment finely adjustable. 19. DEPTH MARKINGS: Marked o'Cfq+c4 and walls at one foot intervals (shallow end) 25 ft. intervals (deep end). W22. DIVING BOARDS: Rigidly constructed, properly anchored, braced for heaviest load, sound, no splinters or cracks, non slip surface. Not over 10 ft. above water level and at least 13 ft. unobstructed head room. I 23. WATER SOURCE: Water used in any swimming pool shall be from a source approved by the Health Department. 24. BACTERIOLOGICAL QUALITY: Health Dept, shall cause water samples to be analyzed as considered necessary. Quality shall meet the USPHS drinking water standards. Untreated water not over 2400 MPN Coliform. ?25. CHEMICAL STANDARDS: Treated with chlorine or other effective method. Tests taken daily or more often as required by Health Dept. Chlorine. residule .4 to 1.0, pH 7.0 to 7,5. 26. TESTING EQUIPMENT: testingequipment ��ryry provided, in good repair and complete with fresh reagents. 27. WATER CLARITY: A 6 inch black disc at bottom of deepest part of pool visable at 10 yards away. V—T-L32. WADING POOLS: Quality of the water shall be the same as swimming pools. Turnover 4 hours or less. REMARKS: C d sA I r AA1-a d PERSON INTERVIEWED SANITARIAN FORM 1708 HOBBS&WARREN, INC. Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND,EXTEND,OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. ** THIS CERTIFICATE VOIDS AND SUPERCEDES PREVIOUS CERTIFICATE DATED 7119182 LIBERTY This is to Certify that MUTUAL (— MR"W RIBURMCE 00~•LIBERTY WtM TIRE IMURRRU CO M OWN PINEBROOK CONDOMINIUM TRUST Name and Community House, Townhouse Terrace address of Hyannis, MA I Insured. L J is, at the date of this certificate, insured by the Company under the policy(ies) listed below.The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued. TYPE OF POLICY EXPIRATION DATE POLICY NUMBER LIMITS OF LIABILITY COVERAGE AFFORDED UNDER W.C. LAW OF LIMIT OF LIABILITY-COV B FOLLOWING STATES (Indicate Limit for each state) WORKERS' COMPENSATION DOES N T APPLY MARITIME COVERAGE-FOLLOWING STATES LIMIT OF LIABILITY MARITIME COVERAGE ❑COMPREHENSIVE BODILY INJURY PROPERTY DAMAGE FORM EACH EACH' ❑SCHEDULE FORM $ OCCURRENCE $ OCCURRENCE Q ❑PLEOTEDCOP TS RATIONS DOES T AGGREG� Y AGGREGATE cr-M ❑ LU_ m w Q ❑ INDEPENDENT CON- COMBINED SINGLE LIMIT TRACTORS/CONTRAC- BODILY INJURY AND PROPERTY DAMAGE 0 J TORS PROTECTIVE $ EACH OCCURRENCE ❑CONTRACTUAL LIABILITY $ AGGREGATE O ❑OWNED $ EACH ACCIDENT-SINGLE LIMIT-B.I. AND P.D. COMBINED J j m ❑NON-OWNED DO S N EACH Pr DOES Q HIRED @@ EACH ACCIDEPA� Y EACH ACCIDENT •V OR OCCURRENCE OR OCCURRENCE w Special Multi - O Peril 9/2/84 KAl-512-401253-021 Combined single limit $2,000,000 each LOCATION(S) OF OPERATIONS 8 JOB # (If Applicable) occurrencOE IGgggFr@ff&tIMNS: *Town of Barnstable is named as an additional insured. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW). BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST DAYS NOTICE OF SUCH CANCELLATION OR REDUCTION HAS BEEN MAILED TO: r TOWN OF BARNSTABLE He ti alth Department Barnstable, MA AUTHORIZED REPRESENTATIVE 7/23/82 rw New Bedford L I DATE ISSUED OFFICE This certificate is executed by LIBERTY MUTUAL INSURANCE COMPANY as respects such insurance as is afforded by That Company,it is executed by LIBERTY MUTUAL FIRE INSURANCE COMPANY as respects such insurance as is afforded by That Company. BS 234 R11 4, June 15, 1982 Mr. John Kelley Board of Health Town of Barnstable Hyannis, Mass. 02601 Dear John: . This• letter- is to up-date you, and to inform you a that the Pinebrook Condominium Trust is proceeding to satisfy your directive, regarding the connebting of the remainder of the units to the sewer line. The trustees. contacted Jack Fine of the Chandler Construction Company for estimates, and he requested that,we arrange -to have a sewer engineering plan pre- pared, and ,Eldridge Engineering Company was directed to do so_. Although they were' -slow in getting. s`t*tvwted they are now underway. As soon as we have the survey plan in .hand, we will submit it to the constuction people for their figures. I am. hoping that the •cost . ' will be. within the ability, of the people to meet, by special assessment. At any rate, the trustees will meet on the figures at once, and we will,be in contact with you without delay. Sincerely, <, 'ryManu 1;H. Davis, Trustee P�oFTHE7. TOWN OF BARNSTABLE i HARISTLBLE, : OFFICE OF TOWN COUNSEL 4 �o u6e9.i639� 367 MAIN STREET C � 'Eauix HYANNIS, MASSACHUSETTS 02601 BRUCE P. GILMORE TEL. (617)-775- 1120 ROBERT D. SMITH EXT. 128 April 6, 1982 NIGHT LINE AFTER 4 P.M. (617)-775-7570 Trustees of Pinebrook Condominium Trust c/o Mr. Lawrence Robinson Townhouse Terrace West Main Street Hyannis, Ma. 02601 1 Re: Connection to Town Sewer Dear Mr. Robinson: Please be advised that the file of the Board of Health regarding connection of the buildings constituting Pinebrook Condominium to the Town sewer has been turned over to i11e for legal action. All the buildings;_ were to be so connected not later than April, 1981 under an Order of the Board of Health dated January 22, 1977. Kindly apprise this office of the status of your plans to connect to the public sewer forthwith. Sincerely yours, RDS:cg Robert D. Smith ell -�fUGf . jw �+ K� 1 { i I' �OFfMErO� TOWN OF BARNSTABLE 2 DARISTADL MA�i. = OFFICE OF TOWN COUNSEL Epps,2639. `� 367 MAIN STREET EDmp"( HYANNIS, MASSACHUSETTS 02601 BRUCE P. GILMORE TEL. (617)-775- 1 120 ROBERT D. SMITH EXT. 12B April 6, 1982 NIGHT LINE AFTER 4 P.M. (617)-775-7570 Trustees of Pinebrook Condaminium Trust c/o Mr. Lawrence Robinson Townhouse Terrace West Main Street Hyannis, Ma. 02601 Re: Connection to Town Sewer Dear Mr. Robinson: Please be advised that the file of the Board of Health regarding connection of the buildings constituting Pinebrook Condominium to the Town sewer has been turned over to ne for legal action. . All the buildings were to be so connected not later than April, 1981 under an Order of the Board of Health dated January 22, 1977. Kindly apprise this office of.the status of your plans to connect to the public sewer forthwith. Sincerely yours, RDS:cg, 4bbert D. Smith P August 5 x' 1981 Mr. Manuel H, Davis Chairman, Hoard of Trustees Pinebrook Cordomnium. Trust 2439 Route .149 -` st:Barnstable, Ma 02668 j Dear Mr. Davis: . L 'nebrook Condominium Trust is granted',a,.variance :from. Regulation 16.04,. ch requires f 310 CHR 16.00 Minimum. Standards for Swimming Pools, whi a swimming pool with a capacity of over •20 persons to have a lifeguard nth a current:Red Cross Senior Lifesaver's Certificate or a National ' M.CA, Senior Lifesaver's Certificate, with -the- following conditions: 1. There must be a swimmer, eighteen (18), years of age, or. older, { F in constant attendance during;.batYi'ing hours and .no- bathers can ' be admitted to the pool unless this'swimmer is physically pre- sent at the pool site. We wash to make-it clear. that this swimmer must,be at the pool and cannot be observing from else- where - this swimmer must be physically,present at the pool at alltimes the pool is open. The •swimmer must be familiar with" the use of safety equipment and life saving procedures.' The..Board will •admiriister a swimming test to each swimmer at, the pool. These persons are- the only persons authottzed as . swimmers at the pool. Management will. not be allowed to qualm» , fy swimmers. A representative- from -the Health Department will administer the swimming test on the date of your inspection prior- to your opening. the pool All of the -swimmers must be.. present for the test at this time. .,No other persons can be. used to supervise the ,po. 1 unless they have a current Red Cross, Senior Lifesaver's Certificate or a "National Y.M..C.A. Senior Lifesaver's Certificate. 2. We have a copy of your liability insurance-' naming the Town f as an insured, in` the sums of $1,000,000 :on file. ' This in- surance policy expires. September .2, ,1981, 3. No more than twenty..persons shall., be allowed in the pool area. _ i Mr. Manuel H. Davis { ' Pinebrook..Condomi•nium Trust r k' Page 2 x August 5, 1981 4. In the event -your pool is used. by persons other than owners, { tenants, and their guests, or by persons'charged a fee, it is your responsibility to provide, a lifeguard with ,a current Red Cross Senior Lifesaver's Certificate or a National, Y.M.C.A , Senior Lifesaver l sCertificate. All other provisions of 310 CMR 16.00,. Minimum Standards for Swimmihj Pools (Article VI .of the .State Sanitary' Coded must be strictly. adhered d _ Qy r s F • is:.varianse will be void in the event any of the above conditions are- nova complied :with .t a is;variahce expires September 2, '1981« v Very u Y Yours s beet L. Childs, Chairman nn Jan Baugh .I ge, D. ,BOARD OF HEALTH TOWN .OF ,BARNSTABLE it - a n a i • a e , v o o` ®c��m®��/�7m�'�a�v�;��am J•�-�,.� • a/G�mj�a'y�''�c�a�u�c��m®ate • • - ���� �173►Wi4J.11L-� •• q\'JV W4WL-0 LZ17�4:1 m W7R7•E®U.:A/S�i�l`11 • • • �® •• E • NAME AND ADDRESS OF AGENCY a COMPANIES AFFORDING COVERAGES MISCOLL-PEMCF, INC. ; a •tttfop COMPANY fl (_ 687 HIGHLAND AVENUE LETTER r1 Lumber Mutual Ins. Co. NEEDHAM HEIGHTS, MASS. 02194 N(_�' g COMPANY 0 �k t `IANCE AGE LETTER ' NAME AND 4490660 ADD ESS OF IN LIRE COMPANY ^^ Pinebrook Condominium Trust LETTER Community House COMPANY Townhouse Terrace LETTER Hyannis, Mass. 02601 COMPANY LETTER E This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. COMPANY POLICY Limits of Liability in Thousan s ) LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY _ BODILY INJURY $ $ ®COMPREHENSIVE FORM' ®PREMISES—OPERATIONS PROPERTY DAMAGE $ $ A, ❑ EXPLOSION AND COLLAPSE EMP7241472 9/2/81 HAZARD ❑UNDERGROUND HAZARD ❑PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND ❑CONTRACTUAL INSURANCE PROPERTY DAMAGE $1,000 $1,000 ❑BROAD FORM PROPERTY COMBINED DAMAGE ❑ INDEPENDENT CONTRACTORS ❑ PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) $ ❑ COMPREHENSIVE FORM BODILY INJURY $ ❑ OWNED (EACH ACCIDENT) ❑ HIRED PROPERTY DAMAGE $ . BODILY INJURY AND S NON-OWNED PROPERTY DAMAGE $ COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE $ $ ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY and EMPLOYERS'LIABILITY $ (EACH ACCIDENT) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES Liability covers Operations as a Condominium Association Note: Cov. will be continued at expiration - Carrier is being negotiated at the present time Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail _2D_ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. . NAME AND ADDRESS OF CERTIFICATE HOLDER: ']/31/81 S•O Board Of Health DATE ISSUED: Town(�Of Barnstable Town Hall Hyannis, Ma. 02106 DRISCOLL-PEARCE. INC. Attn: John Jacobi Au IZED REPRESENTATIVE ey Y ACORD 25(1-79) i •i , ell GL 20.13 (Ed. 07 66) � This endorsement formsa part of the,policy to whlcli attached;}effectivelonFthe'ineeptio'ri�date of the policy unless other 1 wise stated herein. (The following Information is required only when thos endorsement is is E sued subsequent to preparation of policy.) n dorsement effective '"i..f• I , 9=2--$® ... Policy No.'-,,' .Named Insured FM C c �rlyp,'7241472 - Endorsement No.3 •,, i " ,T Additional Premium$ 9 4 ' Countersigned by (Authorized Representative) �yqn This endorsement .....modifies such insurance as is afforded by the provisions of the,polic relating to the follo y gwing: COMPREHENSIVE GENERAL LIABILITY INSURANCE K MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE' OWNERS, LANDLORDS AND TENANTS LIABILITY INSURANCE SIP LIABILITY INSURANCE STOREKEEPERS INSURANCE ,.,+111 s} r�!J i q I.N ''ADDI'�TB6NA'L INSURED (State or Political Subdivisions—Permits Relatirta to Premises) W ;;? s agreed that the "Persons Insured" provision includes as an insured any state or Political s owing additionalprovisions: P u subdivision son de signated n aced i g n the schedule below, subject to the 1. The insurance for any such insured applies only with respect to such of the following hazards for which the state or political subdivision has issued a permit in connection with premises owned by, rented to or controlled by the named insured and to which the Bodily Injury Liability Coverage applies: (a) the existence maintenance, repair,'construction, erection or removal of advertising signs, avinings canopies, cellar entrances, coal holes I driveways,manholes,marquees,'hoistaway Openings,',sidewalk vaults;street banners or decorations and similar exposures , (b) the construction,erection or removal'of elevators; — " (c) .the ownership,maintenance or use of any elevatois covered by the policy.._- - 2. If or Property Damage liability Coverage-is not otherwise afforded, such insurance shall nevertheless apply with respect to operationsperformedt l hereinon behalf of the named insured In connection with the^hazard for which the permit has been issued subject to the limits of liability stated t SCFIEDU:LE Designation of State or Political Subdivision: 9 MUD OFMum limits of Property Damage lhty 6 t #iabi . "r s4000,"000 r��'l(�leath5ccurrence 'Rtl yM .r9 aggregate ,bo0,000 l r} l, Pari Annual Prernium;l.iu-;l.,` $G r q, +�iVt.LI• EI ..._.. - .. _« a q.Mh.ni�"+ .� ��a:Pl:'[•)s���+`{�rl`:.�'I��hyr �.�:.�.;4�u�w u�1tj .., I � � � 9ttq, t PR!I'S1�l t I ��I 4' j fkt�l9l�lyrt '�! lkeNfd�#a�ti�u 'd: � it itI 8 _,ter "�pty4�E4 ,f + f �j{l�reguta 1.( �Pi 1011 ( Pfl0"Ittl}tf r, _ � " ���. � E D,'�lt b � �irl fSQ�i ci I L�r it • r j 20 13 07 6t) �IiO 41 Myq t ,t' y L i ! ,I'�El5t9f�f8�lplkl� }'IR4116 l!r, !I � !f '�7' 1 �l5 Il1, � ( , A ��� {: 1� I �. ?: PREMIUM DUE AT EFFECTIVE DATE OF ENDORSEMENT:i �` " 0 fv$ $ Tofal for remainder of olic term l a p MP 12 0'1'{Ed. 02 790 i I ency, $y � � i 77 Y i CHAN` (ENDORSEMENT MP 12 01 P' (Ed. 02 79) ,P A 1 w THIS ENDORSEMENT FORMS A PART OF THE POLICY NUMBERED BELOW: ENDORSEMENT EFFECTIVE DATE POLICY NUMBER TERM FROM TO $ 6t: ® 7741A72YRS COMPANY QO. — INSURED'S NAME AND MAILING ADDRESS AUTHORIZED REPRESENTATIVE'S NAME AND MAILING ADDRESS P J3�,Avi `I' 4T f0240N= BUM= DRCO M-PF,A> E, 1C. ' HYANW, Ks,,., 02601 PRODUCER CODE 1 20522 POLICY CHANGES IN MM=MT1CK CP A AMMMML Phi OF MAO, IT 1S FMREBY SAND AGRMD TO NAME TM BATMAMP, COUNlY BOAM OF HWAS AN RMPWr `iC1 'I�OI�T YI o,Y. SEP 2,9, 198� CE SPECIFY FORM NOS. AND EDITION DATES AFFECTED BY POLICY CHANGES: L52 (2-78) , (M 2013(7-66) I i . #3 WVMM 9-19-80 SECTION I—PROPERTY COVERAGE LIMITS OF LIABILITY RATES PREMIUMS Coverage Loc. Bldg. ❑Add'I Description No. No. Previous New Previous New Previous New ❑Return $ $ $ $ $ $ $ $ $ $ $ $ 'I SECTION [I—LIABILITY COVERAGE ' ,p COVERAGE LIMITS OF LIABILITY PREMIUMS Previous, New Previous New ❑Add'I ❑Return SMP Liability Insurance Form: $ Bodily Injury and Property ea.Occurrence. . ea.Occurrence j Damage Liability $ $ $ $ $ (Combined Single Limit) Aggregate Aggregate Premises Medical Payments .$ ❑SMP Liability Insurance.; Form ea Persori' ea. Person 1 ❑Medical Payments $;, $ $ $ $ Coverage Part ea.Accident ea.Accident ❑Forms other than l BODILY INJURY LIABILITY SMP Liability Insurance Form Specify Coverage Part $ ea.Oceurrence $ ea.Occurrence $ $ $ Aggregate Aggregate PROPERTY DAMAGE LIABILITY $ $ $ ea Occurrence $ P ea.Occurrence $ $ $ 1 \" D evised Dual Limits: Aggregate AggregateINSTALLMENT PAYMENT PREMIUMSPrevious Additional Return •RevisedInstallments Premium Premium Installments s of subsequent installments, 2. $ $ $ $yable in annual installments: 3. $ ® $ .00. $ $ 4 477.00 MIUM DUE AT EFFECTIVE DATE OF ENDORSEMENT: $l for remainder of policy term: ( E 12 01. �, A y, Ed. 02 79 I w.; r,!„!!�:� ";i'"C A enc By—, r,E _. EN 0 WENT Attached to and forming part of Polity .. .issue to by.............Lt....E3E... 16JT..1AL..N5U .+.1..,CE.Ct.. . �aVY...,..,......................................,....................................................... �r��...W.A! ...................................... Effective Date of f ndomement....... 9-2-80..................... AS PMMUM M 7M AM=MNhL MMMD MIGWW BY GIL 2013(9-66) , SHE FMWWM Ali SOLMY `1O A SM BRWM AGMM TIM H&Mjm Acp& OP R (.IR'7i? OF BARNSTA Z MR ALLEM NETZGMM ON TM PART OF MINTAIMMM OR OPERMW OF A SWn== PML WMM ON THE PFMM Op I?XNMMM 03WMTM s ii A,11 other terms and conditions of this policy remain unchanpd. IA C® 20522 END. 03 9-19-90 ................ ...................................... . .........................:......... Agent L-62 (2,'78) i, I. r I iI( � li{ i I; ^ 3. a s r f it AUGUST 3, 1981 TOWN OF BARNSTABLE BOARD OF HEALTH HYANNIS, MASS. 02601 GENTLEMEN: THE PINEBROOK CONDOMINIUM TRUST , W. MAIN STREET, HYANNIS, MASS. , REQUESTS A VARIANCE FROM_ REGULATION 310 - CMR - 1600, MINIMUM STANDARDS FOR SWIMMING POOLS, REGULATION 1604. WE WILL CONTINUE THE PRACTICE OF HAVING A QUALIFIED SWIMMER PRESENT AT ALL TIMES WHEN THE POOL (L,NL4RUSE. SINCERELY, MANU H. DAVIS CHR. BOARD OF TRUSTEES July 30, 1981 Town of Barnstable Board of Health ` Hyannis, Mass. 02601 } Gentlemen: The Pinebrook Condominum+ Trust, West Main Street, Hyannis, Mass., requests a variance extention from the•regmirement of a-full. time life-guard being in attendance at the swimming pool. Respectfully, Manu 1 H. Davis Board of Trustees F. • February '18, 1977 Mr.'-H6nry 1r. ,Mutphy 'fir. ry 6wn Coury sel f - `,;-3' 4 `•+ . R -.fit y ro. i' ,3 • own,"of 'Barnstabie Hy-ann s Massachusetts Re Pinebrooc Condoiinium gust . • 4 _ Dear Mr-I Murphy: The hoard oP Health .sustained its' a�de� far"p�niebrook C4�do� .:k m-inium `t* ''connect td Town sewer.: in-*a• letterl.-dat d Jahix,aty',-.22: ` t ? 977, a csipy. of % .ch'is enclosed. t. t , Z''.Cha,pter. 3-41`, of the' i ssachusetts ,General Laws� fl gives oalds h ` of. health "'authority tc rec .re abutters �to }connect., taA Tcwri . r sewek," It;`requires the owner; 'ar.-occupanIt to 'prav1de'`suffic ent 4 _ drain Y'to make this connection-s not; the ltown. t. We ,have-manyy cases of on=site 'sewage s st' cohere. the bu .lc er f t muet pre mide'a., pump to get suff3ci6nt `drain`` to clispase...of his;` = D sewage to meet exist ing c©des �z4closed w is �pag® from tha- #, off icial Plumbing Dict o:� r� 'expla 3.ng t ra ns, :: ewers; et.c ; �. also enclosed is a copy of�fiitie V pages -. 4 �' ana 6,have.I " definitions that h lea 3 ® hP1pfL1 ,. T Tn essence, pipes carrying, waste• water (sewage, `gray meter,,etc,), a�+e /sQerwaNge.p pes-:,, Pipes Carry . g s 4 m 'water ra�r n©n ser age s . iPl1 feel.,Mr.. M ugh e eLa tin has misccsntrQd `the intent o _ �= Chapter 43-11. . Thank' you. for ygyt assistance in .th .s •msttex` ,r 'very truly your a. ! G• � `r � t � - vT,_•! a .i t � � - "r� k . . ' Rbbert L}, Child.- x_ Charr aan r ! Ann Jae hbaugh Gerald(/W.< Hazarfl M. M." r ` JM)C�mt11 �y�q/�1 1 ; encl N ^Y :•t - 'k { },9.a%.t mow'' f! ° ' r rs '' �• t�.. �+,�., � k+i�y�s�krty;i�� , � � `<..�� 4Ki�`° i,,�., A.. 4< ;g �^ � ��" kx�'� *c"•'� �Y' A.S.S.E. PLUMBING DICTIONARY 'ifs L Ii R I sheet . sewer i sewer(sew-er) 1.a ditch or surface drain. a sanitary sewer is a sewer or drain con- 2. an artificial, usually subterranean, con- _ structed to cone organic sewage from duit to carry off water and waste matter: buildings to a septic or bacterial treatment (as surface waterfrom rainfall,household tank or other .point of disposal and from � € g waste from sinks or baths, or waste water which all surface and storm water is ex- from industrial works). eluded. f. a storm drain is a conduit for il r carrying off surface, storm, and clear wa- sewerage (sew-er-age) as a noun, the ters. g. a subsoil drain is that part of a g; works comprising a sewer system,pumping drainage system which conveys the ground stations, treatment works, and all other or seepage water,from foot of walls or be works necessary to the collection, treat- . low the cellar floor under buildings to the ment, and disposal of sewage. As an ad- house or storm drain, h. a yard drain is jective, having to do with the collection, that part of a horizontal piping and its fi treatment,and disposal of sewage.The sys- branches which convey the surface drain- { tematic removal and disposal of sewage age from areas, courts or yards, outside and general surface water by sewers. the walls of a building,to the house drain, 1 house sewer or storm water drain. sewer air or sewer gas (sew-er air or see also: Public Sewer; Private Sewer. �h . sewer gas) the mixture of vapors,odors, and gases found in a sewer. shall the term, when used in a plumbing code, has a mandatory meaning. Compare n sewer cleaning machine (sewer clean- "May" which is permissive rather than ing ma-chine) auger for probing or dis- mandatory. lodging obstructions. Any of several types III of power may be used, i.e., electric, gaso• shampoo bowl (sham-poo bowl) a.lava- line, etc. tory type fixture appropriately shaped to t comfortably rest a person's head during B sewer pipe (sew-er pipe) a conduit into 1 P P shampooing operations. Used. in beauty which waste and sewage are conveyed. and barber shops. I; see also: Sewer Pipe Curve. _ shampoo faucet (sham-poo tau-cet) a s sewer pipe curve (sew-er pipe curve) special valve on a fixture(lavatory)in bar- ( k " a long radius pipe. her and/or beauty shops. '' �':•' see also: Sewer Pipe. t a shave hook plumbers' or metal workers' ��I t sewer rod (sew-er rod) a flexible metal implement for scraping. metal before sol- a i (generally steel) probe (rod-like) for di,- dering; used to bevel edges of lead pipe; ii turbing or dislodging sewer pipe ob• for shaving off the oxidized surface of sheet structions. lead prior to soldering,Shave hook blades i� f n- see also: Electric Sewer Machine. are made in three styles: ovals, half oval `th sewers (sew-era) a combined sewer in a and triangular. Consists of a sharp-edged d sewer or drain. intended to .receive do- steel plate; set transversely at the end of a- mestic sewage, industrial water-carried a shank fixed in the handle. i x ' g wastes, surface, storm, and clear water. a. shears see: Sheet Metal Shears. , on a house drain is that part of the under- 4 y " `n• ground horizontal piping of a drainage shear steel 1. steel produced by heating r Y. system which receives the discharge of all blister steel (sheared in short lengths) to d soil, waste, and other drainage pipes in- a high heat,welding by hammering or roll- side of the walls of any building and con- ing or both, and finally finishing under ; veys the same to the house sewer, three to the hammer at the same or a slightly t five feet outside the foundation wall of greater heat. 2. forge welding. ,4 such building. b. a house sewer is that part of the horizontal piping beginning sheet 1. a broad thinly expanded portion a Fyne three feet from the foundation walls to its of metal. or other substance, 2. a plate connection with the main sewer, bacterial forming part of a tank or boiler regard- tank, or other disposal terminal. c. a priv- less of thickness. 3. a portion of metal 'r ate sewer is a privately owned sewer. d. a less than about a quarter or sometimes an public sewer is a publicly owned sewer, e. eighth of an inch in thickness. F ' ? 103 x TOWN OF BARNSTABLE OI� o ✓ol c7 wn co D ic¢ uns¢ 397 MAIN STREET HYANNIS, MASSACHUSETTS 02601 TELEPHONE 617-775-1120 EXT. 155 January ,31, 1977 Mr. Robert L. Childs, Chairman Board of Health Town of Barnstable Re: Pinebrook Condominium Trust Dear Mr. Childs : I have been contacted by Attorney Charles McLaughlin repre- senting the Trustees of Pinebrook Condominium Trust, with further inquiries relative to your most recent order that the above captioned Trust connect its sewage disposal facilities to the West Main"Street sewer. Mr. McLaughlin expressed to me the belief that this order did not dome to grips with all issues that he, on behalf of his clients, had put before the Board both orally and in writing relative to this order. Not having been privy to those conversations or that corres- pondence, I naturally take no position on his contention. I should nevertheless like to clarify my position as outlined in my Letters of January 5, 1977 and January 6 , 1977 . It is my opinion that all buildings depicted on the plan for Pinebrook Development Corp. dated May 13; 1971 and revised July 26, 1971 and August 23; 1971, which plan was attached to your request for my opinion dated October 26, 1976 are buildings on land abutting a public way in which .there is a common sewer. However, as I noted in my letter of January 6, 1977, Pinebrook Condominium Trust may .seek to dispute the validity of this order on the basis of grounds other than the question of what land "abuts" the public way. In particular Mr. McLaughlin has. indicated to me that to require buildings numbered 1 through 5 'on the above mentioned plan to connect to the sewer would require the installation of a pump system, which arguably does not come within the purview of "sufficient drain"-. There is a dearth of case law distinguishing a sewer from a drain, :nor does there Seem to be any forthright definition in the statutes which could be helpful. i i January 31, 1977 Mr. Robert L. Childs, Chairman Page 2 In addition Mr. McLaughlin makes reference to Title. V of the Environmental Code, in particular Paragraph 2.10 wherein an order to connect is permissible only when the public sewer is "accessible" in an abutting way. It would seem to be the condominium' s position that the exorbitant cost involved in the necessity for installing a pumping systemiis sufficient to render the public sewer "inaccessible" . He further infers that the imposition of such expense to the condominium could conceivably constitute a compensable taking. It is my position that the Trust in this context would be. misconstruing the meaning of "accessible" . As you can no doubt see, it would appear that the condominium, should it seek to litigate this matter, has marshalled several arguments involving very ill defined areas of the law. Although you have not requested of me an opinion going beyond the legal definition of what constitutes "abutting" , I have taken it upon myself to do substantial research into the potentially troublesome areas .mentioned by Mr. McLaughlin, and for that reason felt it incumbent to correspond with you further. Should this matter go to litigation,: it is my opinion that the Board of Health stands an equally good or better proba- bility of prevailing with its order to connect, than does Pinebrook with its challenge that the order is invalid. As I have mentioned, there is no case law which I have uncovered that is squarely on point, nor any statute that is dispositive of the matter. I will await further correspondence from you, indicating whether you would wish me to negotiate with Mr. McLaughlin with a view to resolving this matter short of litigation if such seems inevitable,_ or whether you would prefer to let the order stand as is, and leave the initiative with Pinebrook to decide whether or not they wish to litigate the order. I should reiterate that Mr. McLaughlin did say that the Trus- tees of Pinebrook have not as yet instructed him to bring suit, and perhaps will not do so in any event. i I January. 31, 1977 Mr. Robert L.- Childs, Chairman Page 3 I would ask also, for purposes of this as well as clarifi_. cation of future problems,- that .you forward tome any information which you may have 'availab.le either through personal knowledge or reference work which could help me to resolve whatever distinction does exist actually and legally between "drains" and "sewers" . f Sin er`ely, Henry L. Murp y, Jr. HLM:ecg I i .II i i I ti SENDER: Complete items 1.2,and i. e Add your address in the "RETURN TO" space on 3 - reverse. m 1. The following etervice is requested (check one). ® Show to whom and date delivered------------ 150 'Show to whom, date,& address of delivery.. 350 RESTRICTED DELIVERY. Show to whom and date delivered_____________ 650 RESTRICTED DELIVERY. Show to whom, date,and address of delivery 850 2. ARTICLE ADDRESSED TO: Atty.Charles S. MCLaughlin,J . Z 171 Main St . m Hyannis, Mass . 02601 m 3. ARTICLE DESCRIPTION: REGISTERED NO. CERTIFIED NO. INSURED NO. A I 607978 I to (Always obtain signature of addressee or agent) aI have received the article described above. C SIGNATURE ❑ Addressee Authorized agent z . N C 4. m DAT OF DELIVERY � > IARk. C 5. ADDRESS (Complete only if reque'sW'di m 6. UNABLE TO DELIVER BECAUSE: CLERK'S C INITIALS 3 D r GPO:1975--0-%8-047 I UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS PENALTY FOR PRIVATE USE TO AVOID PAYMENT/ SENDER INSTRUCTIONS OF POSTAGE, $300 Print your name,address,and ZIP Code in the space below. O, `+ mMA • Complete items 1, 2, and 3 on reverse side. • Moisten gummed ends and attach to back of article. RETURN'` / TO I Board of Health I Town of Barnstable P. O. Box 534 HYANNIS MA 02601 ' I I d � '� to o-: +� } .,� � - - � a 3. ' � • 't �,� �r y. '. ..q: - e _ a tad -♦. t J _ C,� C r 1G..j.j 19,I^.lp '`°F• ' r -. 4 " ` r re ,. YS _ , 3I M �tjt�1-mai�ri St-ja� ��ahae��€�s.r ti� Aye i0 "„ •Ir .,,. -.s'Y•� s . a "'•a { e I3yanaa s i Miwia nsetts 4; 4 Dea Mr:4 � ♦P+ci u�.h�ii3 i ' . . � ;-t t ` .. f j �r 'Septe bet 6 19;16 , 'you -Iiet viit ;thy Hba�"d �� Health' 4 ` re-heaving a` ,.. g. n the de 'or';��r�ebxac��C !Condominium to o�nneot ' ..- to Town sewer a ;card nlae the ac u et ' t eneacaI Laws, C2aptei" ';; sti _ x •i �h�,s. �ciLii •i a .` . ing ,was requestdY by yd de pite the Board ~ Mtinq 'o ' . an extens .on nntii=` p - 19790 aand 8� n add3t .on., yQt were granted an extension untilpii l�gir to . connect ail' -Other buildtngs . r f t �1 as `dG4ridir.•ki Y i ' t .' a r �..• S .wt you agreement, tceear eh " matted` to Tim' Counsel, oonear ,n� the vat 3:dIty _of the 0k-der,0 c:LoSed' is copy n of.Town_ se :x s r rF '�h�'r•Co turd@X' Please be adviscd 'tliat ��X er at�ly ;2 , 39 'sustane . " . t s You ►uet cairnet bu. ldxns f t 7 f.: end $� t Preha xidmts to `own sew'e'r •b _ ^ ll other Comp. ex mast connOot,by.,- pfil� p8 He k1E:�' 'R .�j •the a ant p ' b ems - - ' occur withG t�� t6m Town sewer ' « you w3 1°b irec connect to f imMedlately - } The authok" ty�for- this "order , . so Genera: haws, ` i nt �;nec�: •3tt ��e 1�gassa°et��tsetta apt .$ seti9n" 11,E yours rt da. .Chaxr7 el man } rlln. - . , " BOARD: OF HtAiL, � ti • r CCIV P inebr©olt ionTrust ¢ k in�.tra ". :`� • .% Y' .. 0..'. ''C _ ice' • } r - •}.(.- r � k l r t -�__. • ♦ YY• t . c. `•� • ' ,... ♦. it w Q'. ' TOWN OF BARNSTABLE 0!I o _ of n c� ice wn unie 397 MAIN STREET HYANNIS, MASSACHUSETTS 02601 TELEPHONE 617-775-1120 EXT. 155 January 6, 1977 Town of Barnstable Office of Board of Health 397 Main Street Hyannis, Mass. 02601 Attention: Robert L. Childs, Chairman Re: Pinebrook Condominium Trust West Main Street, Hyannis Dear Mr. Childs : I should like to point. out in connection with my letter of January_ 5, 1977 regarding the aforementioned .condominium, that I have been contacted by Attorney Charles McLaughlin representing the Trustees of the aforementioned trust. It is my understanding from the correspondence received from Attorney McLaughlin that the objections of the Trustees of Pinebrook Condominium may not in fact be limited to a consideration of what constitutes land abutting a way in which there is a common sewer. In addition Attorney McLaughlin enclosed a photostat of. the Order apparently ,iss.ued by the Board of Health to Pinebrook Condominium, which Order refers to authority contained in General Laws Ch. 83, Sec. 11, and Regulation 2.10 of Article XI of the State Sanitary Code. As you are no doubt aware Article XI of the State Sanitary Code was superseded by Title V of the. State Environmental Code effective November 25, 1975. I mention this. only for information purposes, as it is my opinion that incorrect reliance in your Order on Article XI of the State Sanitary Code would not vitiate that Order since it also relied on General, Laws Ch. 83, Sec. 11. Sin e "ly, He ry L. urphy, Jr. HLM:ecg 1 `TOWN OF BARNSTABLE cc77 //�� Dice o/Jown. (..ounjel 397 MAIN STREET HYANNIS. MASSACHUSETTS 02601 TELEPHONE 617-77S-1120 EXT. 1 SS January 5, 1977 Town of Barnstable Office of Board of-Health 397 Main Street Hyannis, Ma. 02601 Attention: Robert L. Childs, Chairman Re: Pinebrook Condominium Trust' West Main Street, Hyannis Dear Mr. Childs : Your question to me regarding the above-captioned, was whether or not buildings No. 1 through 5 as shown on a plan of sewage disposal systems for Pinebrook Development Corp. dated May 13, 1971 and revised July 26, 1971 and August 23, 1971 could legally be ordered under the provisions of General Laws Chapter 83., Section 11 to connect to the Town Sewer in West Main Street. It is my understanding that the land upon which the buildings sit which are `depic.ted in the aforementioned plan is held in common ownership by the Pinebrook Condominium Trust. Unless the Master Deed for Pinebrook Condominium states otherwise, the land on- which the condominium buildings a.re located is deemed to be a common area, held in common ownership. G.L. c. 183a, Section 1 (4) . It should be borne in mind that the statute General Laws Chapter 83, Section 11 speaks to the owner or occupant of any building .upon land abutting a public or private way in which there is a common .sewer; it does not speak to a building abutting a way in which there is a common sewer. Thus , I conclude that it is within the authority of the Board of Health acting under the provisions of General Laws Chapter 83, Section 11 to order the Pinebrook Condominium Trust to connect 1 R Town of Barnstable Office of Board of Health January 5, 1977 Page 2 all the buildings upon its land, by sufficient drains, to the West Main Street sewer. Sincerely, Henry Murp,.' , Town t sel Town f am tab HLM,Jr . :baj a t.<� r y.«+r.•f,� l+� ..as 4 / ....,..:,.a - F ♦ r�..✓.•.t'} , ... , ,.a.� -, :'s� � . * �u"_:. '�.a .. i �'�•.+` - - , _ �' ' tk •T 3 a e_ t p �y A '1;. �f ♦ ` � �< w! a ,b e ♦ - I ` /M�r���y�l �edlr��rQ�y, f 1e' r $�rYi RmW �y'.aerie 'P � /y t .,4 -f �• ? '. is The .,Soo ,..o 'flHoa n th d 0 � Q P '� i. LF#. AfteA , to oy%Y I�dt to O o6wmr �;fir •�� �b��l+�r.:a��i��: - . 17 r, �d"+jy(�{�{" 99,{3yG�. (a���y .yy�� y���j( yy� 4 �y afl�� r. .i Yi M M�ii s.a!S �,}.� R+•M +M} 5}'i I , j \±61)'L'Ru� P iibt ok• year exns3. 14 c bUj jr t + wsr tb � . Fan► b ©ox *. fit ' at hearing. Y'3�4,' l:l�RL.i � }!�!� w�. �y k }tom {� 3 y h �nyF r his } - q�i�3. yy.,�+ /��r.�___��rrdd t�yv�S- '�iq,�gyg�#+��wr �yi,{�. �gy,4yq�J ii�r -; dam ¢.,. .+�• {yyw7i . id eht _3 G''@ o «��✓.2!. 4r,,il•�. FdtS'tit-hdo but- ho it dilio 'iF�,���i - 7,� axld 'Si! do not, ab��� �n�loa` a jpfan of t Jho oillha iOt Or-yy}� ec .y fly, g��{Q �}j yey �} i � :r 6 to wm Y• - tho'o V.ilc1 t i3KiY,i.�4�1+�:Fl. b3 4, * ho cuoi$_ `hank You :f Vag' yc>c = { 1 . le .. , a Ann JanE ws. e "TOWNt}� DARiST; 44 BOARD' 0 XTJ; .d• ," _r' mx AM r i MYCOCK, KILROY & GREEN ATTORNEYS AT LAW 171 MAIN STREET HYANNIS, MASSACHUSETTS 02601 EDWIN S.MYCOCK AREA CODE 617 ADDRESS ALL MAIL - BERNARD T.KILROY 771-5070 P.O. Box Iae ALAN A.GREEN HYANNIS, MASS. 02601 CHARLES S.McLAUGHLIN,JR. August 17, 1976 Board of Health Barnstable Town Hall Hyannis , MA 02601 ATTN: Mr. John Kelly, Director Dear Mr. Kelly: Confirming our recent telephone conversation, I under- stand that the petition of Pinebrook Condominium for a re-hearing on the question of the West Main Street sewer connection will be heard by the Board on September 16 , 1976 . Would you be kind enough to notify us of the time on that date at which the hearing will commence. Not hearing from you to the contrary, we will ;look forward to presenting this matter on that date. Thanking you for your assistance and 'cooperation in this matter, I am V ery, truly,yours , Charles S. McLaug hllin, Jr. CSMJ:baj File N-7692 CC: Trustees of Pinebrook Condominium i I II I I MYCOCK, KILROY & GREEN ATTORNEYS AT LAW 171 MAIN STREET y; HYANNIS, MASSACHUSETTS 02601 EDWIN S.MYCOCK AREA CODE 617 ADDRESS ALL MAIL BERNARD T.KILROY 771-5070 - P.0. BOX 148 ALAN A.GREEN HYANNIS, MASS. 02601 CHARLES S.MCLAUGHLIN,JR. August 10, 1976 Mr. John M. Kelly Director of Public Health 397 Main Street Hyannis, MA 02601 Re : Pinebrook Condominium Sewer System, West Main Street, Hyannis Dear Mr. Kelly: We have received the Board of Health's decision in the above entitled matter dated July 27, 1976. I have reviewed) the matter at length with the Trustees of the Condominium and they wish me to express to the Board of Health their appreciation for the prompt transmission of the. Board' s decision. They were also gratified to be notified that Buildings 6, 7 and 8 of the Condominium have been granted a one year extension to April, 1978 in order to make the necessary connec- tions with the West Main Street sewer. With regard to the Board' s order that the remaining Buildings be connected to the West Main Street sewer not later than April, 1981, the Trustees have asked that this matter be formally reconsidered by the Board of Health. You may therefore consider that this letter is a formal request that a re-hearing on this subject be scheduled at the earliest convenience of the Board. I would anticipate that if the Board wished to again hear this matter we 'could proceed with a presentation on the same day that our request for a re-hearing was being considered by the Board. This request is presented for a number of reasons. Perhaps the. most important among them is the feeling of the Trustees that both the Board of Health and the Trustees are in agreement on the principle in the matter but differ slightly on its resolution. More specifically, the Trustees are faced with a deadline of 30 days in 4 I M August. 10; - 1976 Mr. John M. .-Kelly, Director , Page 2 which to protect their rights to appeal--an .order that is, on .its face, adverse to the interests of the , Condominium. However, it is=our oginion that the Board may be saying to the Trustees that a further application ¢ for an extension to its order would be' entertairied in 1980 or 1981 but that=,the -Board .felt- it, necessary to protect its rights"by} ordering,at�,the present time compliance by that date,,., Presumably,, if the existing systems were still functioning satisfactorily in 1980, , the Board might, grant".a .further,jextension. upon, the condition that theVexisting system continued to , operate satisfactorily. At the same- time, both. the Trustees and I'm sure the Board members recognize ,that at such•time` as any of the •systems' 'should malfunction, ' the Board :could immediately compel the' Trustees- to abate the nuisance which.would be. created_ . '• In light of all of the above, -it •is 'our opinion that the Board could reasonably grant an extension unlimited as to..time conditioned only upon satisfactory operation of 'the existing systems. With such an order, the Trustees would riot be: faced with the dilemma of either. "gambling" on the views 'of the -Board in 1980 or, on the other hand, , having to appeal,this matter to the' courts solely to protect their rights from what, on -its face; . is a "final" order of the' Board issued-, as of -July "27, '1976. 'If in spite of the aabove the.•Board f 1 that .e t t t it could not grant an unlimited extension,- the' Trustees would be requesting at a re-hearing that the Board make findings of fact to .support its. order, that the statutory authority under which the Board issues its order be specifically .cited in the order, . and that the extent of { the Board's authority with re'gard' to buildings that 'do not front on West Main Street be examined. It is suggested that a discussion of these subjects would be most helpful to. the Trustees in examining and knowing precisely what their rights and obligations are under the Board' s } , order , j May I kindly hear from,you 'at your ,earliest conveni' ence indicating' a date convenient to the Board on which the request for a re-hearing -and -the re-hearing itself might be undertaken. Should any questions on any of these subjects arise, please do not hesitate to contact me. Thanking you for your assistance and cooperation ' 4 . throughout this matter, I am ry tru o s, ar es S. cLaug 1.n, . J cc : Trustees of Pinebrook Condominium 'Trust C/o Mr. -Lawrence• Robinson Townhouse Terrace West Main 'Street .Hyannis, MA. 02601 TTuly 27, 1976 " Mr. Charles S. McLaughlin, qr' ,Esq 17l Maim Street'L. -Hyannis, Massachusetts 7. Res Pinebrook Condominiums, hest Main Street, Hyannis - Dear Mr. McLaughlin: Your'request. for aft extension of one year, to connect i buildings•_6 7, avid 8 Pinebrook Condominiums, to the 3 Town Sew6 r s .granted. In must be Completed , by April, 978. You are granted a further extension until. April., 19810 " to connect' all. other buildings tn ,the complex to' the r -Town. sewer with the k011owing condition: Connection to Town sewer will be made immediately if sewage ; problems occur, r Very truly yours, Ro ert L Ch31ds, Cha rmaxl 8 Ann U Eshlaaug2 } Gerald W. Hazard, H. D a BOARD OF HEALTH cc: Pinebrook Condominium Trust , ` r OUTLINE OF PROPOSED;'ACTION OFr''THE 'BARNSTABLE BOARD OF HEALTH AS REQUESTED BY 'THE TRUSTEES OF',PINEBROOK CONDOMINIUM. I.' 'Allowance' of, Re-Hearing:';° . ,r II. Confirmation that Buildings''--f,, 7 . and .8 have r ntil April, 1978 to connect .to the `West;.Main .Streeti,sewer:. III. ., Grant relief from the order requiring the remaining buildings be connected to' the West Main Street sewer, by April, 1981,. subject to saiisfactory operation of the r existing system. �,r • ii� .�;,�r IV: Alternatively, Issue written-findings `of fact .upon, which the order is based.. • - • •, �- '' ! fir_ ��-ar _', V. In the order compelling tonne on to the -sewer, 'kindly cite the statutory. and adninistrati.ve author" ity upon which the order is�-:based. -'VI. 'An examination -of. the Board of Health's authority to compel.' connection of all buildings not fronting on Main Street ` under the °'accessibility" •standard contained in, Articl:e • 2'.10, r Title V°'of the State Environmental Code. • (;, tom" /l� �� � /'� r / • 9 -- ��^ ��yyR`Y ,5 P: PIZ 21A § 12 ENVIRONMENTAL AFFAIRS I F regulations could reasonably result in the declaration of a public health emergency pursuant to section two A of chapter seventeen, the department of public health CHAPTER may promulgate said standards, rules and regulations, if the department of en- 4 *ice vironmental quality engineering or food and agriculture fails to do so. Such t standard rules and regulations shall have the same force and effect as if they were § 2• Commission promulgated by the departments of environmental quality engineering or food and 4 Upon the expiratio agriculture. appointed by the goi Added by St.1974,c.806,§1. Amended by St.1975,c.706,§78. commissioner sball r( 1975 Amendment. St.1975, c. 706, § 78, an regulation, convey in writing to the secre- Six dollars and shall e emergency act;approved Nov. 25, 1975, and tary his reasons for such determination. If office• by section 312 made effective as of July 1, the secretary finds, after consultation with Amended by St.1973, 1975, rewrote the section, which as added said commissioner of the department of Joviter Amendment. St In 1974, read: public health, that such regulation would "At least sixty days prior to the proposed endanger the public health, he shall not emergency act, a de efi by section 50 made of promulgation by the secretary or the com- promul ate g such regulation. If, in accord- 1973, Increased the sal missioner of the department of environ- ance with the procedures set forth herein, s mental quality engineering of any rule or said commissioner of the department of stoner from r c.00, 4 regulation which substantially affects the public health finds that such proposed reg- the note under c.30, §4 public health, the secretary shall submit ulation could reasonably result in the dec- Section n provided, provision such rule or regulation to the commissioner laration of a public health emergency pur- standing any provision ' of the department of public health for re- suant to section eight of chapter seventeen, contrary, the provision neither the secretary nor th e commissioner two of chapter twenty- view Y view and comment. If said commissioner 0 feet Im mediately of the department of public health deter- of the department of environmental quality diately prior a mines that such proposed regulation would engineering shall promulgate such regula- �' endanger the public health, he shall, within tion." § 3• COmmissione thirty days of his receipt of said proposed 1. In general Chapter 143, § 64 (rep § 13. State environmental code; adoption; enforcement c. 675, as extended, a The commissioner of the department of environmental quality engineering shall Schoolhouse Structural adopt, and from time to time amend, regulations to be known as the state environ- public Safety Commie � mental code, which may provide penalties for violations thereof not exceeding five ri hundred dollars for any one offense. Said code shall become effective and have § 3B. Narcotics se the force of law as provided in section six of chapter thirty A. Said code shall There shall be with: ,r . • deal with matters affecting the environment and the well being of the public of missioner may from ti ,.. the commonwealth over which the department takes cognizance and responsibility police and other assis. ' including, but not limited to, standards for swimming pools,bathing beaches,family g p g y said section. type camp grounds and the disposal of sewage. Nothing contained in this code Amended by SL1974, c. sball be in conflict with any general or special lain. 1974 Amendment. St.1 Local boards of health shall enforce said code in the same manner in which emergency act, approved local health rules and regulations are enforced but, if any such local boards fail wrote the section. after the lapse of a reasonable length of time to enforce the same, the department _ may in like manner enforce said code against any violator. The superior court shall have Jurisdiction to enforce the provisions of said code and any actions § 4A. Division of i brought to enforce said provisions shall be advanced for speedy trial. control Of. Added by St.1975,c.706,§79. 1 code; revi, 1975 Enactment. St.1975, c. 706, § 79, an Library References emergency act, was approved Nov. 25. 1975, Health and Environment 0=20, 25.5, 37. There shall be withi ..r and by section 312 made effective as of C.J.S.Health§§2,9 et seq.,.29 et seq. 1 inspection. The commi July 1, 1976. p subJect to the rovisior f r : 3 The commissioner shall � r�. who are employed by t six and shall have adm The which hall be commissioner wsupervis said section six, whose 1 cal building inspection _ local inspectors in the i Y the enforcement of the . _ 142 3 1 Inr kC�y ,� 7 r.•`�'�-' �� �, ,�'#t . f t� f � .. -t{� 4r - '�, .. ''« _.{f } ,� ,�' '�- �•- ,fig,: ���",�,s.�a +j°s ;�.: Y � v ` ,•aye .., �, a -.' ..' hd • v k s , a , • h.A� r x�{4}s-+ wrr��4y.y e a i�a' l•� , yk .yFyk 4� � .• � Z „ii i J-+ - �'�:°',A t:�,tiY1k�i M6sd..L�g�(''�`iT��p;y1r� #p���j �l�..11.i� kli n ,� �' R { '•.• ' c{ r a total/ Td. �/!4F. i � A;Y17� �•. �# { x -S�* _ .� + ,• ..�. - ma >: 4 vf tom.u �+'Y th 7 z Y F �T.. � '' - � '• r.K � ''' � t �"p �a .� r.4 � '�, .s t�. r; a f` ' A , � Y F � {. ' ,�_ ^` - .,. - .� - Imo, ♦/' F MYCOCK, KILROY F GREEN ATTORNEYS AT LAW 171 MAIN STREET HYANNIS, MASSACHUSETTS 02601 EQWIN S!MYCOCK AREA CODE 617 ) ADDRESS ALL MAIL BERNARD T.KILROY 771-5070 P.0. BOX 148 ALAN A.GREEN HYANNIS, MASS. 02601 CHARLES S.McLAUGHLIN,JR. - June 22, 1976 Board of Health Town of Barnstable Town Hall 397 Main Street Hyannis, MA 02601 Attention: Mr. John M. Kelly, Director Re : Pinebrook Condominium,Sewer System, West Main Street Dear Mr. Kelly: This office represents the Trustees of the Pinebrook, Condominium Trust for the purposes of reviewing the Board of Health order dated December 5, 1975. As you know, that order compels the Trustees to connect the entire Condominium complex to the Town Sewer System not later than:O.April, 1977. The Trustees have caused a preliminary study to be made relative to the feasibility and financial impact of such a project on the Condominium owners at Pinebrook. Suffice it to say at this time that the Trustees have determined to their satisfaction that both from an engineering standpoint and from a financial standpoint, it would be unfeasible to connect most of the buildings at Pinebrook to the Town Sewer System. The Trustees have requested that we review with the Board of Health on an infarmal basis at the July 15, 1976 meeting of the Board of ealth the problems which the Trustees foresee in complying with the December 5 order. Therefore, if you would be kind enough to schedule an appearance before the Board of Health on July 15, it would be sincerely appreciated. If you would be kind enough to "notify us of the time for the presentation, we will be prepared to proceed accordingly. In the meantime, I hope to have an opportunity to discuss with you a number of the prob- lems that we have encountered thus far in order that the i 5 1 Mr. John M. Kelly, Director - Barnstable- Board of Health. June 22, 1976 - Page 2 information which we would provide to- the Board might be as helpful as possible in resolving the issues presented. I shall contact your office late next week so that we might schedule a discussion at your convenience. r Thanking for your assistance and attention in this matter, I am Very truly yours, Charles S. McLaughlin, Jr. CSMj/vj THE COMMONWEALTH OF MASSACHUSETTS OF-.............. ..... ........ _.. HEALTH DEPARTMENT SWIMMING POOL INSPECTION REPORT DATE ADDRESS TEL. NO. l•. OPERATOR MAX. BATHING LOAD PERMIT POSTED Regulations of the Massachusetts Sanitary Code: Article VI-"Minimum Standards for Swimming Pools". ITEMS: 1. DEFINITIONS, 2. PLAN APPROVAL, 8. SEWERAGE, 11. BATHER LOAD 12, STRUCTURE, 14. ;ONSTRUCTION, 15. INLETS AND OUTLETS, 16. CROSS CONNECTIONS, 17. SKIMMERS.., 18. DIMENSIONS, 20. WALKWAYS and 21. LADDERS. These items approved * on the construction plan are of permanent nature and need not be checked at each inspection. �3. HEALTH: No employee sick, bathers take showers, clean bathing suits, sick or infected bathers not allowed, spitting prohibited, no glass or dangerous objects. Health and Shower signs posted. �. 4. LIFEGUARDS: No unsupervised swimming. Trained lifeguards in attendance apcording to Health Dept. ruling. t-�5. SAFETY: One shepards crook and one ring buoy with adequate rope for each 2000 sq. ft. water surface. 6. FIRST AID: Red Cross first aid kit (24 unit or equivalent), emergency telephone numbers posted, local police, state police, fire dept., and several available physicians. Telephone available (not pay station). 7. BATHHOUSE: Separate dressing and sanitary facilities for each sex, adjacent to pool, adequate, well lighted, drained, ventilated, impervious construction and light color. One shower and one toilet per 40 bathers (min. 2 ea.), hot and cold water, soap provided, one wash bowl per 60 bathers. No common cups, towels, combs or brushes. Emergency room provided for sick or injured bathers, with cot and blanket. Foot showers (if required). Pool adequately enclosed Approved drinking water facilities. 9. CLOSURE: Operator to close pool when water does not meet the requirements of this code. 10. PERMIT - RECORDS: Permit posted. Written records available of daily operation of the pool, including attendance, water tests, chemicals used, hours of operation, backwashing and other information required. _13. RECIRCULATION - FILTRATION: Purification system capable of maintaining quality of water, turnover every 8 hours, Max, filtration rate 2-3 gal. per min, per.sq. ft. filter. Disinfection equipment finely adjustable. �19. DEPTH MARKINGS: Marked on deck and walls at one foot intervals (shallow end) 25 ft. intervals (deep end). _22. DIVING BOARDS: Rigidly constructed, properly anchored, braced for heaviest load, _sound, no splinters or cracks, non slip surface. Not over 10 ft. above water level and at least 13' ft, unobstructed head room. _23. WATER SOURCE: Water used in any swimming pool shall be from a source approved by the Health Department. 24. BACTERIOLOGICAL QUALITY: Health Dept, shall cause water samples to be analyzed as considered necessary. Quality shall meet the USPHS drinking water standards. Untreated water not over 2400 MPN Coliform. Z25CHEMICAL STANDARDS: Treated with chlorine or other effective method. Tests taken daily or more often as required by Health Dept. Chlorine residule .4 to 1.0, pH 7.0 to 7.5, r5 1 26. TESTING EQUIPMENT: Testing equipment provided, in good repair and complete with fresh reagents. 7. WATER CLARITY: A 6 inch black disc at bottom of deepest part of pool visable at 10 yards away. �32. WADING POOLS: Quality of the water shall be the same as swimming pools. Turnover 4 hours or less. .:��.! .ram fy.� 'i ( r,...',a • L" 'C...� �.-.a•-* '--��" �' ` \ice �` • ( � f• ° ," � PERSON INTERVIEWED (f,� SANITARIAN TOWN OF BARNSTABLE b OFFICE OF B9Ha9TdBL s BOARD OF HEAL.Ta-! y 6iA88.' op %639. fl4AA`!p" 397 MAIN STREET HYANNIS, MASS. 02601 November 28, 1975 . Pinebrook Condominium Trust , 207 Belmont. Street c/40 Belmont, Mass. q Q Parcel #14 West Main Street, Hyannis; Mass, Dear Sirs: In accordance with Chapter 83-111 of the Massachusetts General Laws, and Regulation 2.10, of Article XI,,. of the State Sanitary Code you are hereby directed to connect to the Town sewer system by April, 1977.. Failure to comply with this order could result in a fine of not more than, $200. Each separate days failure to comply constitutes a separate offense. Verytruly. _ y yours, TOWN OF BARNSTABLE BOARD OF HEALTH J nM. e ty .1rector of Pub c Health for BOARD OF HEALTH Robert .L. Childs, Chairman Ann Jane Eshbaugh Gerald W. Hazard, M. D. JMK/mm 21A § 12 ENVIRONMENTAL` AFFAIRS D regulations could reasonably result in the declaration of a public health emergency pursuant to section two A of chapter seventeen, the department of public health CHAPTER may promulgate said standards, rules and regulations, if the department of en- vironmental quality engineering or food and agriculture falls to do so. Such t standard rules and regulations shall have the same force and effect as if they were § 2• . Commissioner Promulgated by the departments of environmental quality engineering or food and Upon the expiratior. agriculture. appointed by the govl " Added by St.1974,c.806,11. Amended by St.1975,c.706,j 78. commissioner shall re, : 1975 Amendment. St.1975, c. 706, 4 73, an regulation, convey in writing to the secre- six dollars and shall i ' emergency act, approved Nov. 25, 1975, and tary his reasons for such determination. It office, , by section Sit made effective as of July 1, the secretary Linda, after consultation with Amended by St-1973, C. 1975, rewrote the section, which as added said commissioner of the department of in 1974, read: public health, that such regulation would 1973 Amendment. St.l "At least sixty days prior to the proposed endanger the public health, he shall not emergency act, approvee promulgation by the secretary or the tom= promulgate such regulation. If, in accord- by section 60 made effe 1973, increased the sale :nissioner of the .department o environ- ante with the procedures set forth herein, f € stoner from ;22,001 to mental quality engineering of any rule or said commissioner of the department of regulation which substantially affects the public health finds that such proposed reg- the note under c. 46. public health, the secretary shall submit ulation could reasonably result in the dec- Section providd edd, ii such rule or regulation to the commissioner leration of a public health emergency pur- standing any provisions of the department of public health for re- suant to section eight of chapter seventeen, contrary, the provisions view and comment. QIf said commissioner neither the secretary nor the commissioner two of chapter twenty-t 'a feet immediately prior tr of the department of public health deter- of the department of environmental quality ' mines that such proposed regulation would engineering shall promulgate such regula- endanger the public health, he shall, within tion." § 3• Commissioner! thirty days of his receipt of said proposed 1. In general Chapter 143, 4 64 (reps r w § 13. State environmental code; adoption; enforcement C. 675, as extended, auk The commissioner of the department of environmental quality engineering shall Schoolhouse Structural p adopt, and from time to time amend, regulations to be known as the state environ- Public Safety Commisai mental code, which may provide penalties for violations thereof not exceeding five hundred dollars for any one offense. Said code shall become effective and have § 3B. Narcotics sec the force of law as provided in section six of chapter thirty A. Said code shall There shall be withit deal with matters affecting the environment and the well being of the public of missioner may from tin the commonwealth over which the department takes cognizance and responsibility police and other assisti including, but not limited to, standards for swimming pools, bathing beaches,family said section type camp grounds and the disposal of sewage. Nothing contained in this code Amended by St.1974, c. t' shall be in conflict with any general or special law. Local boards of health shall enforce said code in the same manner in which er Amendment. St. I local health rules and regulations are enforced but, if an such local boards fail emergency act, approved gu t, y wrote the section. after the lapse of a reasonable length of time to enforce the same, the department may in like manner enforce said code against any violator. The superior court 1 shall have jurisdiction to enforce the provisions of said code and any actions § 4A. Division of it brought to enforce said provisions shall be advanced for speedy trial, t control of i Added by St.1975,c.706,179. ' 1975 Enactment. St.1975, c. 706, 4 79, an Library References Code; revie; emergency act, was approved Nov. 26, 1975, Jiealth and Environment a20, 25.5, 37. There shall be within attd by section 312 made effective as of C.J.S. HeaA Qp 2,9 et seq.,29 et seq. I inspection. The commise July 1, 1975. subJect to the provisions The commissioner shall i who are employed by th six and shall have admir 4. The commissioner sba, which shall be supervise" said section six, whose r eal building inspection p: _ local inspectors in the in the enforcement of the s' 142 -Wiwi' � ` '' tom. a '�'.' Y - a ' _ - q: ,�• _ a+ r - OUTLINE OF PROPOSED ACTION OF THE BARNSTABLE BOARD OF HEALTH AS REQUESTED BY THE TRUSTEES OF PINEBROOK CONDOMINIUM I. Allowance of Re-Hearing. II. Confirmation that Buildings 6, 7 and 8 have until April, 1978 to connect to the West Main Street sewer. III. Grant relief from the order requiring the remaining buildings be connected to the West Main Street sewer by April, 1981, subject to satisfactory operation of the existing system. IV. Alternatively, issue written findings of fact upon which the order is based: -- V. In . the order compelling connection to the sewer, kindly cite the statutory and administrative authority upon which the order is based. _ VI. An examination of the Board of Health' s authority to compel connection of all buildings not fronting on Main Street under the "accessibility" standard contained in Article 2. 10, Title V of the State Environmental Code. j raw �G!>`� �' '�i�'.� :..r ►; 61'L7:sE THE COMMONWEALTH OF MASSACHUSETTS ...........OF............................... ........ HEALTH DEPARTMENT SWIMMING POOL INSPECTION REPORT NAME ?4q n ZZ t,2a K Lid,"d4.1,f DATE 6, - :;T ADDRESS �Jl/i �/ �,�, ' TEL. NO. OPERATOR MAX. BATHING LOAD, ', PERMIT POSTED Regulations of the Massachusetts Sanitary Code: Article VI-"Minimum Standards for Swimming Pools". ITEMS: 1. DEFINITIONS, 2. PLAN APPROVAL, 8. SEWERAGE, 11. BATHER TOAD, 12. STRUCTURE, 14. 0ONSTRUCTION, 15. JNLETS AND OUTLETS, 16. CROSS CONNECTIONS, 17. SKIMMERS, 18. DIMENSIONS, 20, WALKWAYS and 21. LADDERS. These items approved on the construction plan are of permanent nature and need not be checked at each inspection. 3. HEALTH: No employee sick, bathers take showers, clean bathing suits, sick or infected bathers not allowed, �LIiEGUARDS-. ohibited, no glass or dangerous objects. Health and Shower signs posted. unsupervised swimming. Trained lifeguards in attendance a9cording to Health Dept. ruling. 1� 5. SAFETY: One shepards crook and one ring buoy with adequate rope for each 2000 sq. ft. water surface. 1=•-"d: FIRST AID: Red Cross first aid kit (24 unit or equivalent), emergency telephone numbers posted, local police„ state police, fire dept., and several available physicians. Telephone available (not pay station). � THHO SE�t dressing and sanitary facilities for each sex, adjacent to pool, adequate, well lighted. drained, ventilated, impervious construction and light color. One shower and one toilet per 40 bathers (min. 2 ea.), hot and cold water. soap provided, one wash bowl per 60 bathers. No common cups, towels, combs or brushes. Emergency room provided for sick or injured bathers, with cot and blanket. Foot showers (if required). Pool adequately enclosed Approved drinking water facilities. 9. CLOSURE: Operator to close pool when water does not meet the requirements of this code. 10. PERMIT - RECORDS: Permit posted. Written records available of daily operation of the pool. including attendance, water tests, chemicals used, hours of operation, backwashing and other information required. 13. RECIRCULATION - FILTRATION: Purification system capable of maintaining quality of water, turnover every 8 hours, Max. filtration rate 2-3 gal. per min, per sq. ft. filter. Disinfection equipment finely adjustable. L�f19. DEPTH MARKINGS: Marked on deck and walls at one foot intervals (shallow end) 25 ft. intervals (deep end). _22. DIVING BOARDS: Rigidly constructed, properly anchored, braced for heaviest load, sound, no splinters or cracks, non slip surface. Not over 10 ft. above water level and at least 13 ft. unobstructed head room, 23. WATER SOURCE: Water used in any swimming pool shall be from a source approved by the Health Department; J Z24. BACTERIOLOGICAL QUALITY: Health Dept. shall cause water samples to be analyzed as considered necessary. Quality shall meet the USPHS drinking water standards. Untreated water not over 2400 MPN Coliform. 1/25. CHEMICAL STANDARDS: Treated with chlorine or other effective method. Tests taken daily or more often as required by Health Dept. Chlorine residule .4 to 1.6, pH 7.0 to 7.5. Pit- b , 9- cC_ L�-'26. TESTING EQUIPMENT: Testing equipment provided, in good repair and complete with fresh reagents. 27. WATER CLARITY: A 6 inch black disc at bottom of deepest part of pool visable at 10 yards away. _32. WADING POOLS: Quality of the water1 shall be the same as swimming pools. Turnover 4 hours or less. REMARKS:e-� AIJI4Z J PERSON INTERVIkWb SANITARIAN' FORM 1708 HOBBS&WARREN. INC. THE COMMONWEALTH OF MASSACHUSETTS .. ...........OF................................................. .................... . .. BOARD OF HEALTH APPLICATION FOR A PERMIT TO OPERATE A SWIMMING POOL Application is hereby made for a permit to operate a public, semi-public, or wading pool. This pool is to be operated according to the minimum standards for swimming pools set forth in Article VI of the Sanitary Code of the Commonwealth of Massachusetts. OWNERft 4 e � Y'66(� C 6� oL. d r I tl vV� Y�S TEL. N0. M — f7,36_� LOCATION I O W\A v6 e. ) wrr. •— o t (C 11 e rs W Ct I Gi.4 nAA 1 7lc TYPE OF POOL; ►n Yam- _LENGTH WIDTH VOLUME' .SKETCH (A detail plan must be filed with original application) SIZE: SWIMMING AREA " jf NON SWIMMING AREA DIVING AREA 0 a-* SOURCE OF WATER I \ ( [�ttv�� 6 DISPOSAL OF SEWAGE AND WASTE WATER_ V kkv Y 0 U ro' (,n TYPE OF FINISH ' Y Ie- SCUM GUTTER YP, DECK: TYPE AND WIDTH j 01 d- 1 o w 7e SKIMMERS: WEIR LENGTH TREATMENT. SYSTEM (Kind of filters`etc ) DISINFECTION METHOD (Method, type, capacity etc ) 2 44,1-t C. Cl,lGr�ou- S fc� 1 l i g g / In 4b Vnm C — y 1 CHEMICAL TREATMENT (Feeders, capacity, quantity etc.) Slow at150 /VI'A' CS -1-,blef capcif�_ ) REMARKS SIGNED DATE (Permits expire. on Dec. 31) FORM 1707 HOBBS&WARREN. INC. 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A' ,� Y '� O�,t^� .� R,1 yea' * •. aAily Y t .. :., S,$ r .'r.. c ., �'. r rL ' ,itM ! t + t L == et .; m- Walt r �r Weiss '.:ZJJ�Mermai {&`Angoff„ 50 Yt p'{oVstii"-'Mt•1.eet'.�. 6t41L' FPoOr *BostonL .Mc3 :)c'�t;11115•4{mot t :'fkl�.x�+x r ,G iY :ia ^:Lti Dear,~1'K♦ rin��f.4..! r `' F+ t.rA t+ = f• i 1 ,� c ,# ,J t .7:. �{. Y i -¢ :S 7 a 2 ♦ 34 1 r 4 + r k, ll � y{ W. ,y A..Iw 5..` f � �y ... S ��. •' b .' i 5i.1 recept a your ietter; ofuly*'11� 19'74 'ti � .7 + i if of Ca HfJliday, +idtel .'.IAc. ! one of,-the.unit" � f in° behalf' , a :. owriere,,off- the `.-P riebrook Condia ian um8i regd rAangthe `r hear'ing ort ;:the• s�imming . of .` i't'++ 3 -; +s+,`• r a�. Tie hearing `has been scheduled;der'S:=©f3 p,�m Thursday,"JUly.-18,, ,1974,_ in the,Conference Room of. the " :�_• , is'-Office",, rA&iAistration Bi il;aing,, 397 Main <� } , t• Vt street, H '4*s. the 'eventieretf` s rarire' iaei11 nbt . y you. I '4'f4 t {. t , fd •, it + r, Yours very truly r'^ ✓{ 3 L i .', v `,t �.+,,, �q 1 ,} �' t xk; •r� r, ,r?.t,,, .r 'Y#,.� at "`wcvy" t*A' + ," x., , y y�,, :: (� r.+-�,, F Q •' i\ei� ;4 °iv s4 .5if P�.•Rv ?.�1t`: - { „*c. bidrector:of; P b1�.c Y e h't _ Vill .:�. •: {r' t Y. '�. 'we �. r'":r+ a t+• �, R .� ' `ti �,� -r sn r ., n f4+ t r , t; r u S '� r'Y•k i. •� 1: v y 'L ,�'rt a t.7;• 4- t t- s1 4 '.*s:,^' ,rx :`n,�„„ f , l�• e a• y`. x r <V "+ r � 1,,.:- 5 ♦" � ;,, +' rE td � r'• + e wf r'3- �• I 1 ,r J r �_ ati o r_ x i i, L{t _•. fFL j rt+s" r ' A- �t#L t. '` '!a +t s try t .F,v r i_ ! £t t-••• +5,rr t _ �` r ? t' ,:.. J t.. s girl., i Y {stt {•. P _ -� G +1 t { {. $ ''t v .4"�°}y,�5 '. v 4. r r tr=vCF st* a s`.t� _. 4 A § N • ,f f � � r t' ! h 1 * t '• ,� �µ r �,s.,'' i L r 'r 3r :.; L T E y [r r.t ?s- �. J r � �•, r k } ! } �, + ,t .f,� .�A � '� Y� = t ' r j. .r+� � r yt E4�r R d � t a Y ti � ;•r.. - � ^L ; p+t .t.�a Yy-.:.r� fy � - �, :}� � i s F t° �.- � r A �.r �. _,r 4 1..! I Ewa• F. ,i^:.. a.. A i''t. t�= 1 YJ r �,0. g 5n 'eeF.'S� 1, t' / .{• :. ♦. � •'.!. rJ. � ..! _ <_- , .ty5 r+' t l ti,• {• J t t +�� R ! „� fw4� h * ,.t `GF. , „ L 3x- ,t L t�:°� ( s+'«�•. E +t, §, r �gPs+S.a1Fr .^•'�. t 't �a• ''�A;r'.'E ,' S-; ' it.i t ; t §• _ >:'K R ,•tin P>`' > t.., rY+ 7 , 4 (ii" r t r+5 t rx �Lr rt� .R rY 4 ,J,{ r .4 r 3 S v ^. - � � -r. x .u S �`1 t F#: f,- Y.'Z, 5,•� i y a^ 7 ; "'P t ,� ^}y 1 'L ,f.. { -ti`r t •/^ n 9 y ,�Gg to S tY `� 4113 WEISS, ZIMMERMAN & ANGOFF, P.C. ATTORNEYS AT LAW SIXTH FLOOR, 50 CONGRESS STREET BOSTON, MASSACHUSETTS 02109 TEL. (617) 227-9610 DUDLEY A. WEISS JAMES LEVENSOHN ROBERT M. ZIMMERMAN COUNSEL TO THE FIRM WALTER ANGOFF 742.3840 ISRAEL J. HERZOG CERTIFIED MAIL July 11, 1974 F Mr, John Kelley Town of Barnstable Board of Health Barnstable Town Hall Barnstable, Massachusetts " Re: Pinebrook Condominiums Dear Mr. Kelley: I represent Cape Holiday Motel, Inc. , one of the unit owners of the Pinebrook Condominiums,00f Hyannis, Massachusetts. It is my understanding from Mr. Charles Hurley, President of Cape Holiday Motel, Inc. , that a hearing has been requested by the Trustees in connection with the complaint filed with the Board concerning the swimming pool. Please be advised that if such a hearing is held, I would like to be notified of same and have an opportunity to be heard. V er rul yours, alter Angoff iWA:mec { � d T�� N1 OF BARN. ;.Ar 4LE Cc Per... :P. ve •� y' A .. ••,, '" - ^- i ..r ° ' cc3.. ' + ``, 'a y^fti P qy f, r .. . - Jw $ t `. tl: c Mr. Richard. G.:'Anderson: . t- ... ,. :• - - r! NF :'` of°♦-t4 y :,, : _ .. Fern, -Anderson, Donahue.& Jones ' 436 Main' Street ; Hyannis;', l ss achusetts Dear Mr'« 'Anderson,. '. r We area in.,rece t -of your pitftion in.-behalf 'off Yi h p. Mr •William. zuroff and -.other_, iuetees t©f;the' Pinebro6k 'Condominium, £requesting an hearinr�.=in regard to ouir letter of July 5 1974 ♦ , 'The nearing has been scheduled for ,'S OO p "M j, on Thursdays ,`July. 18," 1974', in ihe..Cohference'Rabm, . x; Selectmen's Office, .Town Hall; Hyannis ' r r If this time is not convenient, 4 please ..commuriicat'e with this office: Yours. very.truly, F. John M ' Kelly { r, i3rec or- of Publ3.cPHeaIt z _ .. 1. ,♦ .. ,. r. q °my `S:r aF ;. # .: y , r , } • FERN, ANDERSON, DONAHUE & JO.NES ATTORNEYS AT LAW' ' DANIEL J. FERN t •• - - P.0.BOX SIB RICHARD C.ANDERSON ` t 436 MAIN-STREET ` ' .ROBERT J. DONAHUE ' HYANNIS,MASSACHUSETTS'02601 STEPHEN C. JONES AREA CODE 617 77S_S62S July 81 1974 John M. Kelly, Director of Public`Health Office of Board of Health 397 Main ;Street Hyannis, MA 02601 Dear Mr. Kelly: P This office is now representing Mr. William Zuroff and other trustees of the Pinebrook Condominium; and in this capacity I acknowledge receipt by Mr'. Zuroff { of, your letter of July 5, 1974 relative to the swimming pool. In accordance with the aforementioned letter., request 'is hereby made for a hearing before the Board of j Health, the purpose of- said hearing to be a determination r of the applicability of the provisions of Article XI of. the State Sanitary ' Code to a condominium swimming pool. , I would appreciate it' if you would advise me .just as soon as such a hearing might be setup. , I would also like to consult with you relative to the use of ,the' pool ,lpending,'the hearing and for this purpose I would';appreciate it very much if you could -give me a call at such time as you might be free within the , next few days, and I will arrange to come over and talk with you at your office . Sincere y i ar C. Anderson RCA:esj cc : Mr., George. .Pappas' FERN, ANDERSON, DONAHUE & JONES ATTORNEYS AT LAW II P_O.BOX SIB DANIEL J. FERN - 436 MAIN STREET RICHARD C.ANDERSON HYANNIS, MASSACHLISETTS 02601 ROBERT J. DONAHUE STEPHEN C. JONES AREA CODE 617 77S-S62S . b3 July 89 1974 John M.. Kelly, Director of Public Health Office of Board of Health 397 Main Street Hyannis, 1,41A 02601 Dear Mr. Kelly This office is now representing Mr, William Zuroff and. other trustees of the Pinebrook Condominiums and in this capacity I acknowledge receipt by Mrm .Zuroff of your letter of July 5, 19711, relative to the swimming pool. In accordance with the aforementioned letter, request is hereby made for a hearing before the Board of Health, the purpose of said hearing to be a determination of the applicability of the provisions of Article XI of the State Sanitary Code to a condominium swimming pool. I would appreciate it if you would advise me jwst as soon as such a hearing might be set up . I; would also like to consult with you. relative to the use of the pool pending the hearing and for this purpose I would -appreciate it very much if you could give me a call at such time as you mj_ght be free within the next few days, and I will arrange to come over and tale with you at your office . Sincerty ' 60- , 'ar C. Anderson RCA:esj cc : Mr. George Pappas FERN, ANDERSON, DONAHUE & JONES ATTORNEYS AT LAW P.O.Box SIB DANIEL J. FERN 43E MAIN STREET RICHARD C.ANDERSON HYANNIS,MASSACHUSETTS 02601 ROBERT J_ DONAHLIE STEPHENC. JONES AREA CODE 617 77S-S625 July 8, 1971 John M. Kelly Director of Public Health Office of Board of Health 397 Main Street Hyannis, MA 02601 Dear Mr. Kelly This office is now representing Mr. .. William. Zuroff and other trustees of the Pinebrook Condominium, and in this capacity I acknowledge receipt by Mr. Zuroff t cr of your r f o s z letter o Jul 1 i relative t the swimming , y ,� 5� 97 1 pool. In accordance with the aforementioned letter, request is . hereby made for a hearing before the Board of Health, the purpose of said hearing to be a determination.. of the applicability of the provisions of article XI of the State Sanitary Core to a condominium surimming pool. I would appreciate it if you would advise me just as soon as such a hearing might be sot up . I would also like to consult with. you relative to the use of the pool pending the hearing and for this purpose I would appreciate it very much if you could give me a call at such time as you might be free within the next few days, and I will arrange to come over and talk . with you at your office .. Sincerely; �r AiVac%.,q, C e Anderson RCA;esj cc : Mr. George ' Pappas CHARLES F. HURLEY COMPANY 16 WARE STREET CAMBRIDGE -- MASSACHUSETTS 02138 REAL ESTATE and INSURANCE Telephone 870-7230 June 10, 1974 Ph?. John Kelly Dept. Health - Town Hall 397 Main Street Hyannis, Mass. Dear Mr. Kelly: I am writing to you in regard to the Pinebrook Condominium. I am an owner at 14 Town House Court and I was a member of the board of trustees until June 8, 1974• I was in charge of the swimming pool. I wish to go on public record that I have resigned my position as both trustee and pool supervisor. Said resignation was brought out by a vote of the owners that no life guard and/or designated swimmer was needed under my super- vision. i In confirming my inquiry to the health department that such was needed, I resigned rather than assume this liability. May it also be noted that the following members of the board of trustees also resigned. Dr. William. Ryan Attorney Richard P. Crowley Mr. Richard L. DePamphilis Very tru y yours CPI::S Charles '. Hurley I r.� A� CHARLES F. HURLEY COMPANY 16 WARE STREET AN CAM13RIDGE -- MASSACHUSETTS 02138 REAL: ESTATE and INSURANCE Telephone 876-7230 June 10, 1974 Mr. John Kelly Dept. Health - To-vai Hall 397 Main Street Hyannis, mass. Dear Yir. Kelly: I am writing to you in regard to the Pinebrook Condominium. I am an owner at 11.4. Town House Court and I was a member of the board of trustees until June, 8, 1974- I was in charge of the swimming pool. I wish to go on public record that I have resigned my position as both trustee and pool supervisor. . Said resignation was brought out by a vote of the owners that no life guard and/or designated swimmer was needed under my super- vision. In confirming my inquiry to the health department that such was needed, I resigned rather then assume this liability. May it also be noted 'that.'the following members of the board of trustees also -resigned. Dr. William Ryan Attorney Richard P. Crowley Mr. Richard L. DeFamphilis Very tru� y yours CF1H:5 Charles '. Burley t. i �ct oo con► Don4,iv ►L) U A- S 0C= l orgE 1g74 /rG � rr4N1 Zvt,P-ot= f_ CmA ( kmAy ) KAT-zf (FOo c A2,;-cZ'oR '7-r2us7-rs L � �2G � hoc, ( u (� r� r3KC2�11'fi�y Fes- �•��YY^�, r�, J414G-eo RGE pftppnc" TP V-STE�- w i tr �6 No. P1OFt"ETOyy OFFICE OF THE BOARD OF HEALTH OF THE = BAaasTAns, TOWN OF BARNSTABLE, MASS. MAS 90 16 s ----- ----—------—------ --- 19 r SEWAGE DISPOSAL PERMIT Permission is granted to __ _ _____ ________ __________ to construct l Upon the Premises of Sketch - - -------7 In the village of 100 or more feet from any source of water supply 4�?. V! 20 feet from building 10 feet from property line a.lth Officer. No. PyOfTHEtO�y OFFICE OF THE BOARD OF HEALTH OF THE e 33"WST"LE, s TOWN OF yO BARNSTABLE, MASS.MAGM O i639 �. SEWAGE DISPOSAL PERMIT j Permission is ranted to �'`" .� 9 ---------- --------- ---------- to construct - - ---- --------------- ------------ ----------------�- Upon the Premises of �s"`` ''`""`£' ' ''�"°`" Sketch In the village of »;z:. £_wr , <. �-+°ks-c3 ,>}'h 100 or more feet from any source of water supply ,✓ ' •`' r 20 feet from building 10 feet from property line 177- ell H:7 Officer. No._ s ` Z _ Qy0f7NEtOyy OFFICE OF THE BOARD OF HEALTH OF THE i 13MUSTAMX o TOWN OF BARNSTABLE, MASS. y MA86, p� 39 a �,._. , t MAY�' __ 19 SEWAGE DISPOSAL PERMIT Permission is granted to ^'- __ '___2, __ ______________ _____ to construct J J Upon the Premises of Sketch ay{m- .----- ---f � µme, �ina'G.;1,1f.� r7 {4�1 Gd !:u .�i� t��✓< d,.�� (•�. "t7 �y f F. In the village of Y { 100 or more feet from any source of water supply 20 feet from building , 10 feet from property line Healt Officer. No. - Q,,oFTHFtow� OFFICE OF THE BOARD OF HEALTH OF THE = BAsasTAnE % TOWN OF BARNSTABLE, MASS. 9�0 639• �fu reaY�' --------'= '--------------------- -- 19 .f SEWAGE DISPOSAL PERMIT r � j: Permission is granted to f �`'`�� _ r j, �. �' { --r_ to construct ---- --- ------------- -- -- "'--------- Sketch -'----- ---------- -- k Upon the Premises of rk.u' -tea t� E ,. I _ 6 _ &ii4rG4 .. +M } `Ilr. d,#,' .i"t'ti'�✓'�,r''L -G ^l- ."',Q lg s.�..... 5,..'�[. 4:..E.-'["',('j'.$.G�rv. In the village of - 70 r/ 100 or more feet from any source of water supply ` 20 feet from building ` I, 10 feet from proper line I Health 7r.`9 i. I. No. '*111E yy OFFICE OF THE BOARD OF HEALTH OF THE IIA"STAIMX a. TOWN OF BARNSTABLE, MASS. 900 39. / 19 �------------- SEWAGE DISPOSAL PERMIT Permission is granted to ---------------- ----------------- to construct --------------- Upon the Premises of Sketch VV- In the village of 100 or more feet from any source of water supply , 20 feet from building It 10 feet from property line Herff icer. No._ - Py�F7NETOy� OFFICE OF THE BOARD OF HEALTH OF THE BABB9TAMP, % TOWN OF BARNSTABLE, MASS. yo MASS. 19 SEWAGE DISP®SAL ,PERMIT ti w, Permissi on is ranted to 3 __t ' ' � "�'r ? r g -''��Ewf�A- ;--- �r.. ,- =---- to construct ---------- Sketch --- t' i Upon the Premises of 1' r4% ��'� _� ' '✓ 6s.(:�BJ 3�dL° I• �.. `� 4��j':l + .-ti_cii s`+ A ' '7 C 4 --- — ------------------- "� —� . .- / 4L .,,:,,.a ., f f psr' f (FtFt, f. ." .•7,. In the village of 100—ormoe feet from any source of water supply 20 feet from building e"A;, ._ > 10 feet from property line Health Officer. No. r — Q�'Of 7"ETO�� OFFICE OF THE BOARD OF HEALTH , OF THE s 31AIMSTAUo TOWN OF BARNSTABLE, MAC. a 9�0 i639. ,' f0 MAY p. .fit- x-----'�'f-------- 19, fF SEWAGE DISPOSAL PERMIT a gX Permission is granted to {_4_ t __.�� -'�_ ___ to construct ___..,'_a __ `_ :_ __C'� -, ; >m l pro ____` ---- z Upon the Premises of `�` `'~" '`�`' ", f ' 'r" "�' ' S tch y f , 6' In the 'Village of 4 100 or more feet from any source of water supply -- 20 feet from building 10 feet from property line = t (' ' elf, �-.:�'�•r.+k.«•'C �... ��f rA ,.'e� /j:...+' Health fficer. ® Y �7 WEISS, ZIMMERMAN & ANGOFF, P.C. ATTORNEYS AT LAW ;•� SIXTH FLOOR, 50 CONGRESS STREET r G-1`L�.A1 a BOSTON, MASSACHUSETTS 02109 EQ+3..�tF+� 0� TEL. (617) 227-9610 I Per...�&.- DUDLEY A. WEISS JAMES LEVENSOHN ROBERT M. ZIMMERMAN COUNSEL TO THE FIRM WALTER ANGOFF 742-3840 I'SRAEL J. HERZOG CERTIFIED MAIL July 16, 1974 Board of Health Town of Barnstable Town Hall Barnstable, Massachusetts Re: Pinebrook Condominiums 1 Gentlemen: Reference is made to the above-referenced condominiums and the hearing to be held on Thursday, July 18, 1974, at 5:00 P. M. I This office is counsel to Cape Holiday Motel, Inc. , the owner of unit #14 on Town House Court at the Pinebrook Condominiums and Mr. Charles F. Hurley,. President of Cape Holiday Motel, Inc. Furthermore, I am Assis- tant Clerk of that Corporation. Please be advised that our position and that of other owners concerning the swimming pool permit and its classification as "semi-public" is as follows: 1. We agree that the pool, because of its size and location in a 57 unit complex., is properly classified as a semi-public pool under Section 1. 3 of Part VI of the State Health Code, 1969 edition. Clearly, the Code was drafted with the view that there is a compelling state interest in protecting public safety even when the public consists of a group of unit owners in a ;condominium complex. 2. The safety of the public is best served when sanitary inspections are made and lifeguards required for a pool in a 57 unit complex, I J Board of Health July 16, 1974 Page 2 1 1 . 3. Although the Code does not specifically mention condominiums, it is clear from the language and thrust of Section 1. 3 that the idea of multi-unit use of a common pool was intended. Condominiums are not mentioned in the Code because they were a rare form of housing in Massachusetts in 1969 when the Code was drafted. In fact, the 1969 language of Section 1. 3 is identical to that of the 1964 Code. Thus, the omission is insignificant. 4. The language of Section 1. 3 includes the phase "or similar establishment". Clearly, the Code's specific examples are not limited but are meant to be viewed in a practical, common sense manner. The intention was that pools which are often or readily used by significant numbers of people require sanitary and safety supervision for the public good. 5, We further agree that the pool"should-not be opened in name or in fact iunless the condominiums comply with the requirements of the Code and the conditions of the Barnstable Board of Health. We therefore urge that the Town continue its supervision and surveillance of the pool so as to assure compliance with law. 6. With regard to any distinctions based on; owned as opposed to leased dwelling funits, that difference is without importance here. The key issue is public safety, even though the general public does not have access to this pool, the owners and their guests are sufficient in number to present a compelling public entity which is subject to the law. I 7, Finally, there is little if any economic burden placed on the owners or any hardship imposed by complying with the Code requirements. I am advised that the cost of hiring a lifeguard is slightly more than $1. 00 per month per unit on a yearly basis. Surely, this is a small price to pay for public safety. We therefore respectfully request that the Board confirm the action taken in designating the Pinebrook Condominiums pool as 'semi-public" under Section 1, 3 of Part VI of the Health Code and. that all sanitary and safety precautions required underthe Co.�e be strictly enforced. V e t o yours,f ter. Angoff WA:mec No......1.................. FEj&.............................. THE COMMONWEALTHOF MASSACHUSETTS BOARD .QF HEAL TH Vol I 'jam OF........... ..e..... Appliration for Dispaoul Worke Tow5trnrtinn Prrntit Application is hereby made for a Permit to Construct (Jo) or Repair ( ) an Individual Sewage Disposal Sy at: Location.Address or Lot No. W .. — ............................... - over.._......: ^.... .............................................. Inst Ile Address T Type o Building Size Lot............................Sq. feet �-� Dwelling No. of Bedrooms............................................Expansion Attic ( ) Garbage Grinder ( ) P Other—Type of Building a YP g ------------------------•-•- No. of persons............................ Showers ( ) — Cafeteria ( ) Ot er fixtures ........................ --•----•-----•..........................----------•-•----•-----------•--- Design Flow..... 1Z A_—.._gallons per person per day. Total daily flow....../�._�.....................gallons. W Septic Tank—Liquid capacity.�f?4*gallons Length................ Width................ Diameter................ Depth................ Disposal Trench—No..................... Width.................... Total Length--.____.___........ Total leaching area....................sq. ft. Seepage Pit No._`J................ Diameter6...x._j.6-- Depth below inlet....... _........ Total leaching area..................sq. ft. Z Other Distribution box ( ) Dosing tank ( ) '-� Percolation Test Results Performed by.......................................................................... Date........................................ Test Pit No. 1................minutes per inch Depth of Test Pit.................... Depth to ground water........................ Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth to ground water........................ O .� Description of Soil-------`-�- ----- ---4-----• - -- ----A--=--------------------------•------••-------•----------------------------.........._._...._.. ------------- ----- - -- ------- U Nature of Repairs or Alterations—Answer Khen 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 health. /�L]6ied.................................................................................. Date Application Approved By--..-, 1r11-1, ?,i ..... Date Application Disapproved for the following reasons:----•----------•--....--•--•...............................................•---•--•-•---•-•••-••..........•..... -----••-•-•----...-•.....................•-••----------------•---•--------------•------------....---...........................------------------•--------------•--......-•---••••-•.........---••-•..... Date Permit No........ ....7.................--............... Issued.:n.F&_k ...................................................................................................................0... . THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH :.. 0F....e�111. �c °........................................... �rr�ifir�� .�f f�lant�fi�n.rr THIS IS TO ERTIFY. That the Individual Sewage Disposal System constructed ( Y) or Repairedby ( ) ....................... •••.. ........---•-•...... --••-•--•••-••---••-•••.......•-•-..........••---•... In taller -----------.......... has been installed in accordance with the provisions of Article XI The State Sanitary �� �en the application for Disposal Works Construction Permit No...........� .................... date ....J.A_� �. THE ISSUANCE OF THIS CERTIFICATE SHALL NOT BE CONSTRUED AS A GUARAWTEE THAT THE SYSTEM "L ,FUNCTION SATISFACTORY. DATE............ •••.I t1-1-1.—2............................ Inspector------ ad-•-�------kk.•_ -. ............... ................. .................................................................................. ........................ THE COMMONWEALTH OF MASSACHUSETTS �- BOARD OF HEALTH ..................0 F.. ............................................. No......................... FEE........................ Disposal .gar s Tn strnrtinn lami# Permissioni hereby granted----------------U� __LQ....... &n.21-•-•--•---•-------•----•-•---•-••----•-•-••-•--•-••..........................-•-- to Construct (V or ]Zepair ( )_an Individual Sewage Dispo System at No.--6-.1--... ...tl7eb./11:UfG_�.I.d Street 1 as shown on the application for Disposal Works Construction rmit ... ............ Dated. l��....1...^..1. z �-/ �',.. - bard of He DATE.......... ....... __..L..1.7'2 FORM 1255 HOBBS & WARREN. INC.. PUBLISHERS I No......................... FE$.............................. THE COMMONWEALTH OF MASSACHUSETTS BOARD E H,EALTH ......, -----------------OF..... .. -•. }b----------------------------------- Appliration for Disposal Works Tonotrndiun ramit Application is hereby made for a Permit to Construct ( or Repair ( ) an Individual Sewage Disposal y a,:. J r t� .. few Location-Address or Lot No. �17 ..............➢ In ...... ....... .... ....n......................... {(/��Owner J// Address J y •,.,,�1�',C,�.-� ) /"(J FBI M Inst lle r Address Type Dwelling d1No. of Bedrooms...........................................:Ex Expansion Size Lot............................Sq. feet U p Attic ( ) Garbage Grinder ( ) a Other—Type T e of Building No. of ersons....•...•................... Showers — Cafeteria PA yP g ..........................•• P ( ) ( ) Pa Other fixtures ...................................................... . - Design Flow.....: , ir _..gallons per person per day. Total daily flow....../4_ t"' .....................gallons. WW Septic Tank—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 ....4......... Total leaching area..................sq. ft. Z Other Distribution box ( ) Dosing tank ( ) Percolation Test Results Performed by.......................................................................... Date........................................ Test Pit No. 1................minutes per inch Depth of Test Pit.................... Depth to ground water........................ L=� Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth to ground water........................ ---- --- ----- -----------------••-.....--------------- DDescription of Soil-----. _ w ........... ------------------------------------------------•---• x .................... ....___. .. ° ........ J .. ,may, it d .. .^ - - a U Nature of Repairs or Alterations—Answer hen applicable........ V................................................................................... ---•--------------------------------------------------•-----------------------------------........----..•....--------------------------•--------•---------------------•------------...---•.............. 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 health. I. ned ..................... -------•---------------------•------- ----- Da te .. Application Approved By... Date Application Disapproved for the following reasons____________________________________________________________`__..__.. ........_ ..---•-•--.....-----•-•---.....--•---......•........--•-----...-•................••---•-------•--•••-•...................••--.......•••••••-•••-••-------•-•-•--••........--•-•-........._.... Permit No....... .....•......... Issued. ��. ... ..d.. a ...... .... Date THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH .......4.a,11 1 OF...k . 3 : t Trrtifirtttr of fglantpliattrt THIS IS TO,CERTIFY, That the Individual Sewage Disposal"System constructed ( k ) or Repaired ( ) y ... .. CV. V Installer P at......,: .4-1-......-....... ............ 9 r�.tt.? 3!. d= J l f31 t rl rtt+rg...:' - --- ----•--- ;----- has been installed in accordance with the provisions of Article XI of The State Sanitary Cod as described in the application for Disposal Works Construction Permit No....__.___z ..................... dated___ _ .__.F.,... ._ _. _ :.._.. THE ISSUANCE OF THIS CERTIFICATE SHALL NOT BE CONSTRUED AS A GUARANTEE THAT THE SYSTEM WILL 1FUNCTION SATISFACTORY. DATE - '` e• •.:...........................• Inspector -- -..... r{..: :............... THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH .... (f ?..................OF... ........................................... No......................... FEE........................ Roposal Works Tonstrnr#ion jJamit Permission1!p hereby granted•............... /f :;-r •••••. l l ---•............................................................................ to Construct ( or Repair ( ) an Individual Sewage Disposal System at No.. --•-Fji/-) y Street as shown on the application for Disposal Works Construction ermit ,_. .__.._._ Dated. .k_ .H .-____1.4 -W �" -- ----------------------•--- kJ` oard of H DATE.-•--- UUc t *-..:-----•--�--- -•--•- FORM 1255 HOBBS & WARREN, INC.. PUBLISHERS a � - WX - _--a--- ----�--_ _.-1---� ��'__�--�— - --- _ __ _ _ :•'�-�' !tea.- �/ �. -. ---- - _ . _ . ---- .• � rJ � �� Y P � • I B • •K .Y •r .y J e. V v I I ti c , -v I i f ; a S � j .. 1 ,a)JjoM saloN ale0 i v- TOWN OF BARNSTABLE Date ............................................................... BOARD OF HEALTH Type ................................... A.M. Time ................................................P.M. Food Handling Establishments No. Served Daily............... Town................................................................................................................. Permit #........................................... Name .................................................................................................................I............................. Address ............................................................................................................. Licensee ................................................................................................ Owner ................................................................................................... No. of Food Handlers ........................ Item Compliance Remarks or Recommendations No. Yes No 1. Floors 2. Walls and Ceilings 3. Doors and Windows 4. Lighting 5. Ventilation 6. Toilet Facilities 7. Water Supply 8. Lavatory Facilities 9. Construction of Utensils and Equipment 10a. Cleaning of Equipment 10b. Cleaning of Utensils 1 Oc. Bactericidal Treatment of Utensils 11. Storage and Handling of Utensils 12. Disposal of Wastes 13. Refrigeration 14a. Wholesomeness of Food 14b. Wholesomeness of Milk Products Norris Disp. 14c. Wholesomeness of Shellfish 15a. Storage of Food and Drink 15b. Display and Serving of Food and Drink 15c. Rodent Control 16. Cleanliness of Employees 17. Miscellaneous .................................................................................................................................................................... ..................................................................................................................................................................................... (Persons Interviewed) (Inspector) u '�^i T�i` rS d .y ,� .�.i `�� ` S- � . i �'YF I. � � t:R r `� r... \'•_ r� t f tip. . r f.P J •'•t �.,. ' t... '}{ r... , + re � '' fi''*• I '�k r�' {y r M' t r '� } aa ''" r 7Z t - - e,< - 3S} ! r✓ .� ` 3 i.rr Y ' £r,:ai< ���J +•• 'f. u. ' �,. �r` }A r ° t•+ a 9 w�i .� �a9..``,j n �x3 ,aroma < r' {a `.� .'. J R r� a {` •: � a a r $7 ` • 2 �, S�1t) .•' t f:n�}� ; Y , r , r M. x. fi __� t �ti- � C, �� �' .'� r ary f++ � f r },�i i1`�� rA •. r. ., 1( 'ray;• �- h,f.�t �.5. - t t + t ; 1 3 t• .V,. :l�.A S� � 1 � F'Yi t a r y.a PAS' f'. � + r g,'+ G � s a'.r a3 :w Paul T Ande'r`"son, P.r E:, f L g'} y' 1 f! aa' , ,R^+ /,R, i y ' }it u 3' t Dist.ict,dfiit' "`9ngi reer ,� ;.�i�a ��' �L � .' � �f ¢; Southeastern D3str. ct Health Office r € � e. Lakcv.ill e;.Hostal *° 'c: .. Y ' �:+a '' : :;Lakevilie, Massachusetts ;W Re: �Pinebrovk Devslopmnts-i-Apartments �� g'+F`��,r.. .��r s • �f .r, ..a \ y; ei x y r .F r� S: - [ r '"+ a Yi�S,'�M f��p '"#',' t "Dear`, ,.Sir::, + c dE; zrC t,a•� r .w t w ;` 'u + 4� �., dy � r .t tG ° � : r ��t f.�T.�,";�" F .'f�4 'r{ a .'' t a '� ��.� '. r ..c >i,K`• �, o� ti ,* •-'"�"� - « { � '�''.• .. y "y '1,Inspection of rSewerage "systems• •S. F ,er rrv`.'^�.. +i 'F a+ .at s tr`' :t - •., ' �s t ' Ta try f`, ri. + t x "vD `" .'.§ ',� t ss",i l y tiF �. "-i r• rr i7 ,r t x,... r ,` -t 't. r:, t r }. ! � T�A ,F ttr' t i t''.. / r.. } •r✓ ,y � [.0 5 r f � .n r ,{ 2 ft. Distribuitor'box,fi 2-1' 000,galioii prec, st,,IeaChing 'pits,' with twofeeti of 2 stonetttopped with pea stone: All with;ext'ra heavyt,cast r ron ,r, u- t'' }-covers at `surface•. ;(As .per State ,approved plans).= i Coarser`sand .and ' r. , i r` ��:rt ,� 't ," "• grdvel ,area),. all virgin soil: le, r , i'[`^.� �,, r3 + '. Z ;lr,^;. y. -� • ss . ,Y•i ?s.rr' ,.. a : + � 7 ,r r•�,_.., } ��� + 1, Build),ngi, 4A and , Bbl:.t nditionssAmeasin actord nceaith Sate,approved plans:, Soil co ab6_v6 . ` Hr'� T�.`(.• yr, C !.+_ra r �., i t� "s! ri:`- r� _ � +jP r y - ,.. . .t, '• ;t` _, .s + \,.• � ; 5 r... �Ve tPl1ly, yours, a+ $N 1 r't'. F # .t 4 .r • b, t�; 'fir a �•.; ':' .''1,'.t r r `. .. F* Pau1.,C.�`Murray, Health Inspector ' -.� ~' l t 'L' Board of Health Town`ofr,Barnatable t d t 4d»J •� �" f 'Yp i , '�"> > L �•F , +'¢ 4`s, a4}�,t `"r:, a.` +•,ON �r # r. 5 ,�}� f E l.r�z �� �t� t +• l 1 �i y`.,3 ,� f 1 .,`,j' ¢..�;�,� :,t 3 r r;,, ' r-., t • r.• v;; i a � � , r$xs{, i r : �� � y,y � ; _ , r ' .t t V � p4�� � i,. � �E` �",•. 'Y. `�)�FT',�-.��•��Yf^r,. '� .a� y r•, ' .. r _ �F, r, ,%: .' S.rr`�iJ � .'.'awrir "^L y .:� t `r: ,�'Z� fii'f - S• i �s a}`r ' •I :,# trr i•� f r Z4, i „sr, � �`� v s,`,` ` { .r, e r iK'�, Tri.. � r+--� °d+k ¢,., •d;"gjs ,� re "�� �i yy;sY � �,�, t Lt�.?� �ir.'�'"'' •+'°@ ��',,? / wB w"i4 c+ �� �-��. f '? • t Y+k. `s .+ b,� t�y.. +' - i r.. ram' § I r G-r.,_ 1,. f t 5,r '(per .I:r++ r, ?s •< L,r `�r ti:•.r u' r:, >wf•F sCC x! .i Jt #j ",i rMiak,'q,,,kt µ..,.'�. " r... t by c�^i v 7L! . x.J',� h'rr. .. ❑ •� ,'.. f ,'F Yy� T+. � ,i5 'ri: 3 4 � " e Y �fi, } X r '+ �•tC,}.f !A$�•.r i �nRti/ _ rp 7.: k fi } f r ' J 1 - .r d i} r fl' .t^ ,7'1 4.•1 r ��Stt�f h'4"•}y''9�i +�-,�+ �•�. 4 Ct r'r,F"[i�t c ] +� •:�,+•F i y¢ xS vS:i 'v� r r1F§•iL '3 4 - } 1. d} d` ` •?K '' ) i +. - ' 1 r- t(... •a�-1 ,� At I F t Fear"._\F . �'3 e��".t !,,{}'f,n'?- rr tT s f d '& yr f a r No.— -- Qy�FTHETO�y OFFICE OF THE BOARD OF HEALTH OF THE BABa9TABLE, : TOWN OF BARNSTABLE, "PS. y MA66. � oo D MAY =------Gy_ 19 f w #� SEwW AGE DISPOSAL MIT Permission is granted to _ � "" ________ f + r_____ to construct _ _ `__ _ .e ,,• .. - — Upon the—Premises of Sketch �•f k3'A+' ''. - fr' ;r rg.;•--.- r -Ito . C.c.. In the village of ,.. c . XLAW 100 om feet from any source of water supply - v -- 20 feet fYom building j 10 feet from property line a f d X Healt�/ fficer. Y No. ---- Q�oFTNErowy OFFICE OF THE BOARD OF HEALTH OF THE 11A MSTAMA TOWN OF BARNSTABLE, MASS. Ep MAY -7--- -?------------- 19 SEWAGE DISPOSAL PERMIT -------- Permission is granted to ----- SV------ -- to construct ----------- Sketch Upon, the Premises of F�3 x In the village of 100 or more feet from any source of water supply 20 feet from building 10 feet from property line Y.; Hea h Officer. r No.--` `---- P�OfI"FTO�y OFFICE OF THE BOARD OF HEALTH OF THE E BA"STULE. o TOWN OF BARNSTABLE, MASS. 9�0 MASS.. SEWAGE DISPOSAL PERMIT r, . Permission is granted to :tom�4, _st __ '_Y'� --------- -------- to construct I. " __ __$__" .._�`" ,. t v Upon the Premises of . l r -�'��>: �<< r .r f r'`" Sketch .Qefle, !.,- In the village of ---------—------ -� ! E s r is 100 or more feet from any source of water supply — - - _-- �"£, „1 I 20 feet from building 10 feet from property line I' HealtFfi" fficer.. i yy----"f P�OF7HETO�y OFFICE OF THE BOARD OF HEALTH OF THE BA"STAME, o TOWN OF BARNSTABLE, MASS. y y MASS. pp 1639. p� MAY T' .e SEWAGE DISPOSAL PERM/I�T Permission is granted to ter __ _ to construct __ _ � � �"_1s2�r �______ i U on the Premi s of : 1- � ,' r Sketch �` , _ - P 01 ,vIZ `4tt In the.yrll ge of `y 100 or a m' feet from any source of water supply 20 feet r m building 10 feet from property line44 Health Vficer. 4 E .. r PyOFTHETOk� OFFICE OF THE BOARD OF HEALTH OF THE 2 B� As TOWN OF BARNSTABLE, MASS. f 9�O i639 ♦� �, - , -7 1 -.- "- oMAY°r r—j=4�1.=------------------------ 19 i SEWAGE DISPOSAL PERMIT Permission is granted to --- =- ---- to construct -` =----------- - ------ —`' �--- i ti 3 Sketch ------- Upon the Premises of t V i In the village of ---- � J I: 100 or more. feet1from any source of water supply s I 20 feet from building ,. - 4 10 feet from property line- I; I — — Health fficer. ? No.__ ti' 4 - PyOFT"ETOb� OFFICE OF THE BOARD OF HEALTH OF THE BAaH9TABLFy 8 TOWN OF BARNSTABL.E, MASS. qp MA86. MAY - �----=--------------------—--- SEWAGE DISP®SAL PERMIT Permission is granted to -=__s '�`�'___ .- °_ �._�----------- to constructs Fes/ 'a `_ `- -- r` F t ` >> Sketch Upon the Premises of AL 1 ii F` In the village of 100 or feet from any source of water supply I 20 feet rom building t I 10 feet from property line r # He th Officer. No. OFFICE OF THE BOARD OF HEALTH OF THE 1 I)MMSTAMX % TOWN OF BARNSTABLE, MASS. k. MAS& 1639. "J am ---------—--- 19 SEWAGE DISPOSAL PERMIT Permission is 'granted to --- to construct v j SketchY. Upon the Premises,of AK -!4 ftl L!± In the village of T 100 or:more feet from any source of water supply 20 feet 'from building 10 feet from property line Health Offic Ss'`e 600 Washington Street Boston. Mass. 02111- Division of March 10, 1971 Environmental Health Room 32U Charles N. Savery, Inc. RE: BARNSTABLE--Subsurface Sewage Registered Engineers-and- Surveyors- Disposal for Three Proposed Hyannis, Massachusetts Apartment.Buildings, W. Main Street, Hyannis, for Pinebrook Development Corporation Gentlemen: The Department of Public Health, in response to your request, has had one of its engineers examine the soil at the above-noted site and has reviewed a plan titled: " PLAN OF SE1r4AGE DISPOSAL SYSTEMS HYANNIS BARNSTABLE MASS, FOR PINEBROOK DEVELOPEPEi+T CORP. DESIGNED BY WCN SCALE AS NOTED DRAWN BY RAB DATE JAN 29, 1971 CHECKED BY WCN NO. 70249 CHARLES N. SAVERY INC. REGISTERED ENGINEERS SURVEYORS HYAI1`3IS SO. YARly OUTH " Soil examinations conducted at the subject site in the areas proposed for subsurface sewage disposal indicate that the natural soil, beneath loam and subsoil, consists generally of clean sand which is considered suitable for-local subsurface sewage disposal purposes . The plan proposes to .dispose of an estimated 4,000 gallons per day of sewage from the subject project by means of three separate subsurface sewage disposal systems. Systems one and three are each designed to handle a sewage flow of 1,200 gallons per day and each will consist of a 2,500 gallon precast reinforced concrete septic tank, a concrete distribution box and two precast leaching pits which provide a total of approximately 830 square feet of available leaching area. � i System two is designed to handle a sewage flow of 1 600 gallons b , � per day and will consist of a 3,500 gallon precast, reinforced concrete septic tank, a concrete distribution box and three precast leaching pits which provide a total of approximately 1,070 square feet of available leaching area. The Division of Environmental Health hereby approves the plan with the following provisions: 1. Construction shall be in strict accordance with the approved plan and Article XI of the State Sanitary Code and no further changes. will be made in the approved plan without the prior written approval of this Department. 2. Approval expires two years from the date of this letter. 3. A Disposal Works Construction Permit must be obtained from the Barnstable Board of Health prior to the start of any construction. When the sewage disposal systems have been constructed, prior to back- filling, this office and the Barnstable Board of Health must be notified so that a field examination can be made. The apartment buildings shall not be occupied nor the sewage disposal systems covered until a Certificate of Compliance is issued by the Barnstable C Board of Health. -. Enclosed herewith are stamped approved copies of the plan, a copy of which must be kept on the site and be used forconstruction purposes. I , Very truly yours, For the Director Paul T. Anderson, P.E. Regional Sanitary Engineer Southeastern Health Region Lakeville Hospital Lakeville, Massachusetts 02346 A/Eanh/K cc: Barnstable Board of Health Hyannis Massachusetts Barnstable County Health Department Courthouse Building Barnstable, Massachusetts I j r i• y � � r r s r � :i•''9 c 15 1.) e v .. I� / T r fir, •r Jy Ij I n 1 u /' J a+.. ,F. I V } •-1'. - 61 a - )- � - .g � 3 e �Ic yt. '� MP�l)'�.',i ' 'r• - I 1• .ry .. i' .. � 1 _, IINCN• Oje A" t•1 t T L, 4 6 �"i?i ,a f 'N r CO4FE 59, 41. t ` ,t `� I rhr• 46 Jr1'a: THESE Df5Pd5AL (5'f4EM5�•S -:A _ \ ) , . • .f IALREAP�t' APPROVED 1404 •, v 'r r. �`rF ,J� �= ' .•IPA ,3y ��, , \,(a`-- •�Q�F `rr6'k¢ _-'ta O! r y� 36. ,� •.r ��tY 1 ` ` �`JTfry Cqr. S ` I ® \ .` �5 _4ra H'�}+1 �1y1 4✓ SYSTEM'Q-2 REVISED BY !$ k, 4j ,.a• i FF THIS PLAN AUG.23; 1911 t r ' �a = F T � � �� � 38 �©> © • - k. Iq 1'0� 1F+� F� �� .¢\ \ �•, 7'O.yl/` \ '� r r I JIRr , • fi. j, F4f _ c r ""T ., � r�, N + 'R. I� _ ll. '1, ,•• ATE R R q .� v. f. t 4`, j ° �: •.La c ,.I y� .f t �,r r` , L 33 \30 k>"r ! ..4; ', L ` 7. i t;_rf9.f t +�.��'j•� t1 L''- .C� L�.'o. c;F.�S0:1. �• I © \ 1 1 ko gq S J' /tr'eti Pry '} ` cc, �7 ✓ t t� r `f tip, >'- v •�• t1 f_ ate, ,'® ! y tL- ` r; "1/ r 11 +� p !'� � LL h. � ,, �� r - -Tyaa♦ `-Y' ��,�`� _ •��'� ,A� rn. � / i ® ry 7r�t p' 'a�� 1 ` e 1 t - ~ •r c., } - `f ., • I ",� `\ ,oI arJ+ t+r • ro� ! t/f • rl ' 1`� � '� uau■c tn, 4loa` r � � •/ \ S a / i 0 $ te'.i'1w <� t 1-=J � S r µrtc. 4� •r ,�+o, l�[,r�r,l �t t = NOOTHa J , l , `j.- �, ,x '`��•j�•1 / .� r � ! ,:' r. to -�"'_, _ �$ 37 P : '�` x •�2'r,' APpe�f.iw� �'i�. - '•.�• '1✓• ! r /•.'fi ,l _. •. -•a - ,. . • ILI- e BEN l30 '^---mac 4 ., c,: TOP OF STA IC L, '31_. ,b6 • w„,� v ,r• 1 a a FOR OETPJLS SEE SHEET 2 GENE a 3 ,� t' ' ' _ oEpaa? s. lt5 IriG cot�TouRs �.a ••,� - \: �. ;. f�1.t�E�@.J+��'t�1G}BA�'E1�:t]1�1 N.EPdJ SiiA LEvcL- , , y +fi— 17F.►SOGfi55GL�stLET1$lld CAST IF ? C Qti tP AT WfLES. ;t' - f, ;:.f:C PLAN OF nT s ` ex r 7 G.Y,F:trt "a3i: 6--L:'S, Sri DA:e T,IRaYA - .camE nyc"COVE k<', SEWAGE 1DISF��SAL SY��E►`',e: +` �♦ -:� A if' ' ' '+may-- • , --- --- -- .- - — ---,- .._. �-,..n�..�.f•d,=� 13ri�iv^.T'F1C�'; �.�- w_.-,..�--:''., _ °.—. * '`�" -r �r• a,�, v� f✓ •a •� tl• - ' f .. '+ - } FOR - yGCTV4E: PNrEnIT GORo i t�na'`,� t^b`t M k / r v r: F) A•r. y' a,• Br SM�. o y, i t ,� a� S �9'`:.•a'.D ,; y ,e•'^. �r`' a j.!^t'r rv. z r r .f "i .C: . '- •;` IOUA1jIW U DATt' KAYIj,j9'7Si- 1'. '�r•�'I 23,19�1 �c.4cc eru'x_►1 hfv J;E'1, r.k my z r4 r{/ .?F ' ^f :�'""ir:+`•, rl. � ♦ ,,r _r.^��r (Yf,�` e -f L—___. � Z ---..--•t_-«�..--•i"---1 " ~ f t I y'i�i ti ti�7':+•li,;..c-�,'S 'r. r• 4�\`' f:"'o I .d't G s�;•. �",rcf ?' Ii GI /ive.__ZY I NC. REG STIF- ez . ha ''>> w �v.y `� .in ^. ;i�CF' tn ,l' ...fr^ ' T Y .4-.,^ I/\GDuet:J Tt• �v- O.(J' i s,�'tlt ,x. +. Z ti ♦P. ":_ _ .+£$ o , a off,: d +sf'"i s t :' ENGINEES,-5 �1RVEYC7RS �e �tL 7�., )'F' �If o p;. r •�Tr.rF r4- � .0� -�. ) :'�* t (?l..✓,�r•� ,`r'.e,)..y,�I:C�'Va.}, a .��r r' �_ _ ----.:.-.. . x •4}<r,- ....r., hw +�:s ter, .-..• ,-.'R, � 7: , r. _ U.yt.7 a a• _'+> "f: k'1`lAft{Vlr'S'. .SO.Y ' , •$ Z.y •'ka: - ��`a '"�'f.'d'"i.�t,+,J�.t �J:, r:1s'^ 'C � ,v' � •. .,o.:' �G r� `tiS. fast � - ._ � a. , r _ A K' ,..{ R. .:<,l ♦.,<�d,�.r•.,.7J."��t+�.awJ'r'. ot„�4'aft-��.',k ,-^+,•Z y. •4,.+h,� '}: �I ^S,',?e;..r.a_..,_ _ _a _ `�:_ 3+t<� c a' L .?, Z,. - C.� r - nr 7 f Al ELLIOTT, CATHERINE M N LEGEND e ti APN 249-063 ,.� EXISTING CONTOUR ® V x 100.98 EXISTING SPOT GRADE Route 2$ , 10 ,; �/ j1 EXISTING WATER SERVICE ATER METER OP G , , LOCUS Beebe« �` Rd - G - - EXISTING GAS SERVICE OVERHEAD WIRES h 0 2 0 TEST PIT m � 3 DANIEL ROAD REALTY TRUST a o o $ BENCHMARK SWEET, SUSAN M - TRUSTEE \p1 Z c� cot,, WOODED s HIGH _ _ - - - - - APN 249-053_001 - _ _ - (- a`'th �1a%n Stye SCHOOL 4 et 0�1 8 « LOCUS MAP 54,0421D4 eo` I Q► 2 N NOT TO SCALE I 1.241 A APN 249-654 Opp I ; co g8 DESMON0,1 MARY A '09 E Paved �p yp APN 2491062 5.1 Parking Area TP-3 IV. 6 ABUTT. I N 2 556.59 ` SHED f1 ''�� TP-4 �OOp�/ BDG I BRYANT, ANNIE B ai APN 249-053 I e k 4t q �/ 100 c ' � EXISTING SEPTIC SYSTEM 0 - -N BUILDING #2 (TO REMAIN) BUILDING #3 q WOODED TOF=101.77 q to EXISTING SEPTIC SYSTEM BUILDING #1 (TO REMAIN) WOODED o i 0G I [ABU TG. T AS '� �� 1 /I !► - _ ` ro _ BL YSS TRUST #703 ���i .•••la��' • C,POJ /' / BELISLE, JACQUELINE - TRUSTEE • of ,� \ 0- I = Ot 06 APN 249-061 �,�' __ .•Edge ,10 za 4' (Easement for Lot D4 PROPOSED S.A.S. 8 n W AN REL OCA TION FOR \� I BUILDING 2 I e 251% 1 BUILDING, 3 i MAIN HOUSE TOF=101. 10 �� cap °k #942— / EXISTING SEPTIC SYSTEM _• _ _\ �- -'H W BUILDING #1 / _ _ _ _ BUILDING #3 (TO BE REPLACED) _ -SEE SHEET 2 OF 3 0 1" (20 SCALE) Par. in Are Mq _ I / / , cUCb �b ssq�ti er ,Ge. o= PETER T. (', dge P /' Fen o McENTEE HOUSING ASSISTANCE CORP z, CIVIL Stock APN 249-055 No. 35109 .'2o��e / �90F REGISZE� `� PROPOSED SEPTIC SYSTEM UPGRADE PLAN �I;r1i N �-- 942 WEST MAIN STREET, CENTERVILLE, MA d Prepared for: Capewide Enterprises, P.O. Box 763, Centerville, MA 02632 OtC)p 0 SCALE DRAWN JOB. N0. i rn�2Z 0� I OWNER OF RECORD Engineering by: 1"=40' P.T.M. 263-08 �� n1 WEST SIDE PLACE LC Engineering Works, Inc. r` P.O. BOX 245 12 West Crossfield Road, Forestdole, MA 02644 DATE CHECKED SHEET No. ORLEANS MA 02653 (508) 477-5313 12/26/08 P.T.M. 1 of 3 LEGEND Z 9� EXISTING CONTOUR BENCHMARK SET: C, SJ 98 — MAGNETIC NAIL SET x 100.98 EXISTING SPOT GRADE ELEVATION = 99.41 9> 99 PROPOSED CONTOUR (ASSUMED DATUM) ail 3�c'6 d x 98.00 Lot D4 e X Q � e oQ99PROPOSED SPOT GRADE 54,042f S.F L C� /W EXISTING WATER SERVICE 1.24f A9>G EXISTING GAS SERVICE APN 249 054-00 1� OHW OVERHEAD WIRES e `'' V0 TEST PIT Line ��� s pc' �1§ BENCHMARK (Property 9 Porki g A a r'�- " E � '"A Q 5 SHED ez ,a, 27 700 AC Deck `�'• �,+1 � , . l,0 sXY, >cJ169 y �jQ � 0,66 X O , 100.70, " .+BUILDING #3— SNRUgs �� � oo �,��X, , </,�X�,� TOF=101.77 '�• ,��,��<��'Y F�/ PO 0 '"6 X ; � +J GENERAL NOTES: -13 , S p O 1. ALL CHANGES TO THIS PLAN MUST BE APPROVED BY THE LOCAL BOARD OF HEALTH AND THE DESIGN ENGINEER. • d �9 0 2. ALL WORK AND MATERIALS SHALL CONFORM TO THE REQUIREMENTS O OF THE STATE ENVIRONMENTAL CODE, TITLE V, AND ANY APPLICABLE •M H O 0 0 O+ 0G LOCAL RULES AND REGULATIONS. Q F — 99 / JQ +J 3. THE SEWAGE DISPOSAL SYSTEM SHALL NOT BE BACKFILLED PRIOR SNRUBS• MH / %/ Q GN ENGINEER. J Q DESINSPECTION AND APPROVAL BY THE BOARD OF HEALTH AND TH �0� � E T S �/ DE J0o \ MH / el C�0 4. ANY CONDITIONS ENCOUNTERED DURING CONSTRUCTION DIFFERING FROM THOSE SHOWN HEREON SHALL BE REPORTED TO THE DESIGN. CID o { rty ENGINEER BEFORE CONSTRUCTION CONTINUES. JO — (pro , Q . A ELEVATIONS BASED ON ASSUMED DATUM. ,4 5 ALL ELEV S 5 O c� Pr >� THE DESIGN R IS NOT RESPONSIBLE FOR THE FAILURE OF • U E OES G ENGINEER EE JQ SNR d I r JQ THE CONTRACTOR OR OWNER TO NOTIFY THE LOCAL BOARD OF O HEALTH FOR PROPER INSPECTIONS DURING CONSTRUCTION. sl p ?0 \Je , ll� a 9 7. WATER SUPPLY PROVIDED BY TOWN WATER SERVICE. n _ 8. THERE ARE NO WELLS WITHIN 150' OF THE PROPOSED S.A.S. St ade Fence =�� / 9. ALL AREAS CLEARED FOR CONSTRUCTION SHALL BE RESTORED AS AGREED UPON BY OWNER AND CONTRACTOR OR AS OTHERWISE C J JOI / 1Q DIRECTED BY THE APPROVING AUTHORITIES. MH i S o O� JQ 10. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY \\� /I J ' PROPOSED 00 GAL/t Ljne) QTHE LOCATION CONSTRUCTON.OF ALL UNDERGROUND UTILITIES, PRIOR TO BEGINNING 11. WHERE REQUIRED, CONTRACTOR SHALL REMOVE ALL UNSUITABLE rEas SOILS IN THE AREA BENEATH AND FOR 5' ON ALL SIDES OF THE I O�e�O 1Q Q�� 9J / ` d / SAS & REPLACE W/CLEAN SAND AS SPECIFIED IN 310 CMR 255(3). m Q A U U „ w EXISTING D—BOX, , PROPOSED SEPTIC SYSTEM UPGRADE PLAN I �A� 5'�1 10 4) (TIE—IN LOCATION) 0o J0o 5 2�/ of D / INV(I )E972 f 1oo.s7 942 WEST MAIN STREET, CENTERVILLE, MA JQ� �' �Q IQ 6 / ✓O Of / ri , Prepared for: Capewide Enterpses, P.O. Box 763, Centerville, MA 02632 EXISTING SEPTIC TANK Engineering by: SCALE DRAWN JOB. NO. Se / 3000 GALLONf CAPACITY `, JQ (TO REMAIN) EXISTING LEACH PITS 10 Engineering WOYks, Inc. 1"=20' P.T.M. 263-08 J0J INLET MH, RIM-100.79 TO BE PUMPED, FILLED WITH 12 West Crossfield Road, Forestdale, MA 02644 DATE CHECKED SHEET N0. Q Z/ OUTLET MH, RIM=100.81 SAND AND ABANDONED (508) 477-5313 12/26/08 P.T.M. 2 Of 3 x ,f NOTE: TO PREVENT BREAKOUT, THE PROPOSED FINISH GRADE SHALL NOT BE < EL:96.3 FOR A DISTANCE OF 15' AROUND THE PROPOSED SEPTIC TANK PROPOSED D-BOX PROPOSED S.A.S. PERIMETER OF THE S.A.S. INSTALL RISERS, FRAMES & COVERS OVER INSTALL RISER, FRAME INSTALL INSPECTION PORT OVER END UNIT ELEV. TOP INLET & OUTLET AND SET TO FINISH GRADE r & COVER TO GRADE FOUNDATION FINISH GRADE: 99.3(MAX.) (Existing) a' EXISTING F.G. EL.100.8t F.G. EL.100.8t F.G. EL.100.0t MAINTAIN 2% MIN SLOPE OVER LEACHING AREA L = 3' INSPECTION PORT 4" SCH 40 PVC . L 80' L =10' I-T6 '3.. 4" SCH 40 PVC 4" SCH 40 PVC A: EXISTING 3000 �ANK GALLONJINV.=97.22 (MIN.) 10"I (MIN.) 11.3" TO 14" ® S= 1% (MIN.) e ® S= 1% :y (TO REMAIN) 48" LIQUID INVERT LEVEL ADD GAS PROPOSED INV.=96.00BAFFLE BAD INV.=96.17, D BOX8 ROWS OF 9 UNITS AT 6.25'/UNIT = 56.3' INV.=96.97 8 OUTLETS (MIN.) INV.=95.90SOIL ABSORPTION SYSTEM PROFILE) I ( PROPOSED 1500 GALLON SEPTIC TANK ESTABLISH VEGETATIVE COVER BACKFILL WITH"LtEAN NATIVE OR NOTES: 1) CONTRACTOR SHALL VERIFY ALL EXISTING PERC SAND TO TOP OF CHAMBERS PIPE INVERTS PRIOR TO CONSTRUCTION. 2) SEPTIC TANK AND D-BOX SHALL BE SET LEVEL BREAKOUT=TOP AND TRUE TO GRADE ON A MECHANICALLY COMPACTED SIX INCH CRUSHED STONE BASE, AS SPECIFIED' IN TOP ELEV.=96.29 310 CMR 15.221(2). INV. ELEV.=95.90 3) INSTALL INLET & OUTLET TEES AS REQUIRED. BOTTOM ELEV.=94.96 4) GAS BAFFLE TO BE INSTALLED ON OUTLET TEES. 2.83' 5' MIN. ABOVE BOTTOM OF T.P. EXCAVATION OR G.W. EFFECTIVE WIDTH=22.6' EXISTING SUITABLE SEPTIC SYSTEM PROFILE No G.w., EL8 ROWS MATERIAL = _ 8 ROWS OF 9 - 16" (H-20) ADS BIODIFFUSER UNITS WITH NO SEPARATION BETWEEN EACH ROW & NO STONE N.T.S. TYPICAL SECTION DESIGN CRITERIA "'TS t NUMBER OF BEDROOMS: 12 BEDROOMS c01 1 SOIL TEXTURAL CLASS: CLASS I J LOG G DESIGN PERCOLATION RATE: <2 MIN/IN DATE: NOVEMBER 25, 2008 (REF.# 12,423) SHED DAILY FLOW: 1320 G.P.D. SOIL EVALUATOR: PETER MCENTEE PE, CSE DESIGN FLOW: 1320 G.P.D. WITNESS: DONNA MIORANDI IRS, CSE 0,2'� > GARBAGE GRINDER: NO Elev. TP- 1 Depth Elev. TP-2 Depth Elev. TP-3 Depth EleV. TP-4 Depth ( ) 99.8 q 0" 99.8 q 0" 99.5 A PROPOSED LEACHING AREA REQUIRED: 1320 = 1783.8 S.F. 0„ 99.6 o RI 6' ��' •74 SANDY LOAM SANDY LOAM SANDY LOAM SANDY LOAM Q�� S.A.S., i� EXISTING SEPTIC TANK: 3000 GALLON CAPACITY (TO REMAIN) gg 0 10YR 4/2 10" 99.0 10YR 4/2 10" 98.8 1OYR:4/2 8" 98.9 10YR 4/2 8" 6.9 8.6�� 5 PROPOSED SEPTIC TANK: 1500 GALLON CAPACITY SANDY LOAM SANDY LOAM SANDY-LOAM SANDY LOAM TANKS IN SERIES: 10YR 5/6 96.8 10YR 5/6 36" 96.2 1OYR 5/6 40 96.1 10YR 5/6 42 STORAGE REQUIRED: 2640 GALLONS/1320 GALLONS 96'8 36 C1 C C C1 S.A.S. AYOUT STORAGE PROVIDED: 3000 GALLONS/1500 GALLONS SILT LOAM SILT LOAM PERC S � PROPOSED D-BOX:: 1 INLET, 8 OUTLET (MINIMUM) 94.8 10YR 5/3 60 95 8 CZ 0YR 5/3 48„ I 54" USE 8 ROWS OF 9 - 16 C2 ADS BIODIFFUSER UNITS WITH PERC M-C'SAND PROPOSED SEPTIC SYSTEM UPGRADE PLAN STONE FOR AN S.A.S. WITH DIMENSIONS 26.6' x 53.3' 60" 2.5Y'6/4 M-C SAND 942 WEST MAIN STREET, CENTERVILLE, MA M-C SAND MED. SAND 2.5Y 6/4 (HIGH CAPACITY INFILTRATORS MAY BE SUBSTITUTED) 2.5Y 6/4 2.5Y 6/4 j Prepared for: Capewide Enterprises, P.O. Box 763, Centerville, MA 02632 SIDEWALL AREA: NOT APPLICABLE >20%GRAVEL >20%GRAVEL I 88.8 132" 88.8' 132" 88.5 132' 88•6 132" Engineering by: SCALE DRAWN JOB. NO. BOTTOM AREA: (GENERAL USE APPROVAL FOR 4.7 SF/LF) 72 UNITS x 6.25 LF x 4.7 SF/LF = 21 15 SF PERC RATE <2 MIN/IN. ("C" HORIZON) PERC.IRATE <2 MIN/IN. ("C" HORIZON) Engineering Works, Inc. NTS P.T.M. 263-08 NO GROUNDWATER OBSERVED NO GROUNDWATER OBSERVED 12 West Crossfield Rood, Forestdole, MA 02644 DATE CHECKED, SHEET NO. DESIGN FLOW PROVIDED: 0.74 x 2115.0 = 1565.1 GPD F (508) 477-5313 12/26/08 P.T.M. 3 Of 3 cs ' 3 -4 'OUTLET 1 INLET KNOCKO •• ,,.a�o o d e,�,.j dy;;�,•.e; J i 1 1 , 5 3,S"01A. L.+ 1 2A . OUTLE ol 00 o • Rt r n o 1 1. LV 1100A 0 0,r4 cm UNI 71!; /"P 41 10 . a 0 do0000 00 /oG S 0 0 0 © 000 TOP OF PROrILEF � ff" T414 �5_ o Op0�000 00 ,=oul�JDarl©�! E WA 6 t- ft4 V.4 rEk? 0 o a cyo, 0 8 0- 0 0 O0 C3©a� ICIAI13H GRADE _ �v-,. O ,cIAM14 G,2ADE �/A/I.S9 6RA LSE' :1A//SN G,e,4DE" I /OS. S ID•5.$ 0 0 0 00 0 Qi .�ETA1_ �AAME Q.C3 0 0 p O Q OVE2 TA,UK OtIER D BOX '� 0 000 O� � � ,/ :i:� Ic/NOSH rTI��4 D� �' Ccyv Pc 00 0 • l�jT,y/,y / of .QAAt � 0 0 0 O 0 O a Q 0 Q r.+i; 1.��.�.�`' !I"'+v�il�a�.,��/.C"�� r'��'• -''r��� /��,f` i��r" ��-•��/'."�% / /�11-= //=//I � 000 O0 0 0 a Ca p r _ T O (3 9 • ao0 • � _ _ — ____---------- 9 .a Til INV. /v air 103. 0 14 �� �• _.�.�. . .____ _ /U/ '�' [01t 4 O Q {� © � ° °- °._. ) � { ��• 4._0,, r • q�-9" I. Y� D�1 ipe � 1t� C) © C� '!� 0 0 O 8 = /3 u r/ -- O / • :.� L/QU Y .. :. '` � J , • a ��" �,' , ,+,..e..ar .,,:.a.•., ' � it ,„''�w� '+.� � <: ^ •' ^rm> � 0.•� 8,10000 t9 00 0 0 0 Q2111 k' s. 2Cx�G 43ALA OM 5EP7 TANk Bono s� ,.„ISSN I p 0 p ® ¢a � 0 0 4 0 WAS„ l�/t!/TS x 2 $•�wir = S ,�. oohs .,� I� _, o O p p I,i i Pir 9�: y O (D 0 0 ® 0 0 ; � � . ,c4 >r/f0 3 8 C3.• p P w 6 _ STD,tlE 4 ,® o m 0 STattE 1-33 S;�T LEVEL V EL o 0 0 0 0 , ems; � P- S�06 S6AJE P_AL AJOTES S01L& LDGS 0000 0 ( ® 0 0 00001,1 7 �' t'• -� - /p�, d PlJI to Xa P/T"Z �{ 0`0 0 t7 © 3� A ® 0 O 00't iJ �o00 f4c.c.o,v S� ,c T.���: . % .9GL L"LEVAT/On1.5 SNOWAI ARE — - t , 1 ,�SSv�E� . ,s.►,�vy of 0;J O U 0 m 0 ® 0 0 000110 -32 Z . ALL PIPES /AJ T14E bySTE"M TO BE CAST IRDAII DR .Se14,EWLf_-40 P. V.G. DES 16AI C,e l7L /.4 3, REMOVE ALL LIIVSUITABLE MATERIAL ,&EMEA714 TWE/AIVEP-T ELEVA r/OA1 1VL/ML3FP OP BEPR60MS 5,�JF Sys ," DR A RAID/LJS OP O AAID BACkAILL s. : / PERSDrt1S P�",� BI~DRODis�1 Z � �' UJ i T M C LEAA1 L6,49:6E G',2,Q kIaLA e ':'61 DA/L y FL DG�/ PF/2 P ,QSD�c/ /.33 ' LEAeWIX16 ,2E2nllh�" K Z: /ir3 O.D. BOARD of I-IEALTN q 9/y12 LE.4Cy1illG P.E4I//� 'D =.Z3e a'.Po. m,u 6 r BE AIorIF/ED ![I Eu THE {,✓A,• ,C' A041AID /S/o W47ZE AWAID D= /2 6Y37 EM /_5 IAZ1 r,4LLED PR/DR TD cA LG LJ L,4 r7e�f ' PER CGLA T/DAI RATE 2 M/A!.//AIC� BACg PILL IA16 r0Z IAJSPEC TIOAl. 2 OBSER V 4 TIDAJS 8 V: TDIq /V/C f`'EOM/ BDTT�M = D.7B5 D �.- L/AJL FSS D7APRuJ15E' A10 7-HD ,4LL ,c1342N ;= ;GE 30,49D 0,rNEA L T/I SIDE- SY_67EM CO�V PDAJE•AJr' .SHALL BE TE rE'sr-E',o � /� /y�� CALLOAJ3 PER DAY /, S I-A L L ED IN .*ee6PDAA16 E U/I rW APPLICAN r. .�/q N� P/PER HOMES R r1446.6AGNLI SETTS rM E 3r ,S,4AJI TA R Y , , .5EVER, CODE' AAJD LOCAL RULES o� CHR PROP06ED D141ELLIAJG LOCAT1OAJ a L,TOPHER fi. LU,4104 MAY BE APPL/C,4BLE�. - cnsra W, I PR.d JSEL) .SEv_1ACE 5 y.STEM LOCATIDAI No, 31305 , Jft , THIS LDT LS n/o7- IAI r�E FLd o o PLAT '°90 �o�P~ 0725 r8l>1L /�! ' °= A: , ��irs E�7•` kws Ills PNST.QF3L TA GA,�BA6E GRIAIDE-R WILL A-- a .. cENr�rzv���E � SCAL E • .�JS Soh/ DATE 7-28- fSCo DRAl,Ul,VG AIO. DRAvj AI Bq` Sk/. j LgE"L KED B Y: CCV JOB ,VO. LE'G E'N D PROP. SPOT ELEV. - Sofia - ALL CAPE' S U,E'!!�'y CoN.SL/L,rAA/T EXIST. SPOT ELE•V. _ ,So X0 , , 4 ;< N u�Av �� s ,apt K �-{ I�Z E'Asr �ALtifDuTN �16 PROP CDitI TOU,2 = _ E'XIS T. CO.tlTDtJ,Q' = ' „� EAST F,4LMDUTf� , m,.4. .��liis © 9//o/B SEE Jw..3 ', / dc , ' i; " I O 3 O U1LE T .. � K NOG KDUTS INLET KNOCKOLo 5 X 4 DIA. 24" IF O UTL ET OUTL&T 1 ;� • , 14?SAD �LA�l L yy 0 0 o f S YST til 2 UAll rS 5--v- � 1 000 � D00 90 m OQQQO QO00 TDP F /OG , , o o O OOOo0 0 Fou OF JEWA6F ,4. ,1�6rFm /Z lot-5) � 0 - O O O fl_? 0 0 0 F.F /D � — ; x _ E� 8 0. O O O O 000 � �, I ouo C/NISN 62AbE _ /DG D ,%V/S/I 6,2ADF' _ �. ,C/N/.S�/ G,2�1 DE- �/�t//S,y 6.edICE 1a O O O O O O o C Q dj OUER 7'W1K = �0S' '' OVE'/2 D'BO X = /O�:S OUEP LEACNP/T og 10 O O Q Q Q p o p 0 d1 / ,,.ti n ' 6 o 00 0000000 �; SAL F,e,,vl,� O O O O 0 Q Q 0 _ •,f. - _ — GOY�,e TO FisiSi>/.¢i24G��' 9 •• OQQO 00 1•i. �. itt�l __ � � 29 : L..�••:• .: iw�` ' `;� � i� 0 3"P��1S _ — r3�fGf' �iGC � IN i 000 , Ao r-3 �03. 02 25' ' Liavlo S�9 '' D/ST�IBLIT/atJ hJ y 40 0 O O ® � � � 000 1 LEVEL BOX _ _ j�J / O;fl 0 O O O 0 ® ® @ 0 O 011 y � ,yYil _ 8,1OOOO 0 00 0 000011 2506 64L ON 6EPrlC rA�vk f BOTTO�J W-4$HEP p` p 0 O ( C� ® �7 m Q Q p °3 1 00000 ® 0 0000111 /O x//� = l/DD P.1� . _ S g T LEVEL. � STa tt� �- .: TEsr,�P• �708 1:10 o Q ® 0 ® (2) 6) 0 0 Q 1 � / S ��Js �'�� TiTLE ✓� k / 33 �Ar P�',e /a���.� GEJIJLcRAL JVO7rE5 SOILS LOGS 0000 Cs Q O (3) 0 000011 7? A /05X0 /O�� O P/T Z 1f _ �/9y �• - /, �1LL E"LEVAT/oAJ,S SNOG(!AlARE �` J 0b 0, O 0 O (D U (2) (1) 0000,11 Jt! usE �500 �.r—'/9 c c o�v Ss�r�c 7. 'V)r A S 5 01800 0 (D 0000114 Q ® 0 32 / TUP i .SUBSo•L f'1 � � Z . ALL PIPE-5 IN ME bysTEM TO BE* CAST IIZOAJ DR .Scl4EDUL E" 40 PVC. . • ' 3, REMOVEALL UAJ:6UI7A8LE MATERIAL GL '! �S DES/CA! C,2ITE-,2/4 BENEA W WE /AlVE/zT FLEI/st 7'I 6II .Aok A RADIL13 of o' AAJD BACXICILL *SON5 pE"R B�D�'O��J. . . z UJI T M CLEAkI c-OA96E GUk1ULA,2 .501L. �• /34R/VSrABI BOARD OF )4EALTAI /lil U 3 r BE RIOT/F/ED dCI�IF'�tl THE 1 "5;.cl L 6,4 CAIIA1G Na 1 /�9'r�,e �ovvo No iV 6rEM /S 1AI•5 rXLLED PR1 DR TD CA LL U L A r14:>AA6 i5A4f P17- PE-R COLA T/ON RATE % <Zm/,v 1AICtil E��EcT�v� .vE/��T=G• BACK GILL IAJG ,Cod. /AISAEC rloA1. OBSER V.4 T/DAIS B V: Tom /tilt &,soA/ 90r720JN = D.7B5 D Z L/AJLESS 07xlERuI/5E .tJOTED ALL t9A!2N 7A- 8GLr ,BOARD 40F11EAL71I SIDE" = �rDA/k S y 5 TEM COMPDAIE•V TS J14A LL B E rE rEs rE,O C-A L L.Oils PFe DAY gf 3 /wS J'ALLED /N ,4G6,0ZDAA/CE uJ/Tl-1 ✓ A4,46SAcAlusETT� TITLE 3Z SS,4A1/TAR�/ APPL/GANr; �w� AID PIPER -SEWER, CODE AAJD LdGAL RULES ° °f arm f'RC)AfOSE'L7 DGUELL/AIG LOCQ7-I0A1 LuAlle.14 MAY BE APPLICABLE". �CHRISTOPHERy���, jokopo3tz) .-- F5r -1,46E S YZTF-M l.00AT/O . TN1S LDT" /S l!'ar IAJ THE FLED PLA U COSTA y �B CJ%L. L7ll�l - « ,8 UitllTS #�' Tflr2U N . 31305 ` A�yFEss�o�'Po Gor,5' . -2?5 . � ':� /k4F-5T" /tiiAM/. sr,��T. . 7. ,4 GAk,8AG"" GRIAIDER WILL /Vdr BE � �-� s��pE+� C��c �rzV/L�,�, 23ARivs TA 03L E IVA /N.SrALLL'D DA1 Tir-lE ,SYsrF',u. SCALE 'A5'-steak/ DATE : 7- 29-S& DRAG A16 AJD. LE,SEAID =,;1 `� DRAW AJ BY= -W CNEC KED B y= CC, JOB A/O. PROP. SPOT ELEV. 127,:5+1 ALL CAPE •SURVEY COM-SLILT•AAjr EXIZ7' SPOT ELEV. = saXo COtvTOU/e = l7� EA57' >✓'ALMDUT�i �1161 r, AY :��, E,0-s T CoN7'o(-1R = _-_ — " ` , E4 67 4ALIMLOUTAI , W. 0 QP��►� P� � o• 21 e p • N,� ow IV /oGxo (s J /oGxo , y /osX� 20 t A / ® o io5X8 ot UNir.af 3 1 .3 s. w� 3 STEM �3 ' �F412 /v%. . xi/ %t`"•!J lip_ _ g ax 2000 L. 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ON 49 14 cowlrs >c ;Poo 0 0, Q 0 0) 0 00bO X 00 rro 7 U1000 0 0 0 (T M 000 LEVE L --;706.1 .5 ' I-33 0 0,0 01 I 0 0 0 0 (D 0 72E 0 OP lit 7 1� 00 0 Q 0 0 0 (D P.AL IJO 7*E�0 e�() 4-c to ov S47-11 P 7�P- 1� 00 0 (D' 00 ,0 0 0 61 I LI 4 - kLEVAr1oAI.6 ,.--s140W.4J'ARE, 0 0; 00 0 �D Q 0 0 D 0 �O it Al-L PIPC6 IAI 714 E 4 Y-6 71i�M 7*0 E .40"P.VC C,4.�7 =57 1 7//'�WVW-E /W& J Me 1A L , A-BEMEA71-1 WEIAIVE77.E EIM,r W BFP IVZIA4 A F&IAJD A ACY,�PILL. p '04 -6RAkfUILAR �;&It,C-LE&J Olt>>c A 10,P.L 64 C M4 16 ip&A,0 $04 72M �.XIOU/VZ 2 4e'CA Le� U677 46-140AI A4 7-,E 2 M eR 60�--A 7 IAI.�P O.A/AD,4�NEA L 7// E D-4 As-4 4 LCV:5-Y -c-I�p Pxm A A PL.IC-A Al P/P&D L RISTOPAE LU141414 COSTA 6,a 3r:n r,,No 313—se 1.07�5 4Z> kle-S MA 10V 4rp C- El", r,EQ V A)s TA,E'Wol ham r,ALE PRA zq.; 0Xr-KtD AS V DkA v"i Ai, COMSIJ4:t:�,Al r,6� ' 74 r4 C4 ) 01 I8A 7 �`w:nan.u.b:e�.r.e•.aFw^°H.+.tnAr.m:•sro,+a�:rs�zb ar�.wa.,.-..0+«q.«:www•^o::,.s>•�a"It'a+kxs+.•arr}:,sor,+w:�.,.r.t•w«�ru+s,�,v.w--tYY�t:•azwkW:44ti•M'Y:.itt;.MaW..�:.. .. .. tA1H9ddDA�1F; - 9welw+�eaeusfra�o.n+sesenae=.vsr: - : aw��..::'„�ae._. +ar�lk�tA�!4WawChh�`aF�t Ks�,�+ae�7nex;:: ..szAOi�h%r�i9aMk�:` S,erslMlwre.zx�V:e,Ynre- •. - INLET xKNOCKC:.• OUTL f { .N':. }.�' /1 P',Y, .r• ✓•87 .his • 1 � �w�- �.-^' � � i L�DD .-'t...t .-. � Pr .•!..� L---<, 1 �:•j'��v t .i� � ` t!•:• .»._-.__ _^„_-'-�•.�'�� - 3� �� i '� . :t. f f e• 0 80 *' 2 UAII 77-450' at c? � 00 00 i g (D00 ;c6. 5 0 x 44f AV% Apu Moll" 30 LL PO0 7. 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N s:71.L` i E L}�(�iS70Qi ER�y� � j ' {i iw.�./t• C� / 1 "� r•f r�r COSTA no. 31305 �l L.. ,[�-J�•��- •f, � i�' (1�1l7-J�' �� 7Niell� Z-07 ,5 Ti I/v'5 .►'�/ =-5r 1"A/A/ T ,7', .4 r.4k:34 6� a P-:/r11`I3 CA tr,41 -� A#r 8E' �: '�.14',�k'1/1,LL,E� 8i9RAI S TA SI f= At F SC-AL E DA FE 7- 2e- PRA'W/A-t 4A . 172 X/i r. :. �r �' .1.' _ 'i ^Jlyd' T 1�/�4. r-___ - -�- --- - , 'W+3+AYaMTJ1+MN.'.R tAttMwirttlK'ySf+ti`eF 4K'�:w.,w-}::::b.SN6V6V6fk,R.wiMYM1'YM'rt.....�;.p%�ws.�,....}Ry'pg4tL�4Nt!{{Kw`A.jSY'<*'&�.41�?1113QM1'V 1L!dN4.Y•.•',:" ,. :;.iA �W�`.'�ffa'./.•�'iT'*�ii�A"V; Syez 7" 2 F o q` t 1 �t LE,q rN• "q Tt'H • Js-�1S/N 5� fit" ; Cr T.0 4 Ip u TN• 0 w o f_ki a y /s rE;�I Ci'�t/i r ' t E c--0,Q v.yir S P/r. w� *d ; `` g ax 2000 L. y x i S'C/TiC TAN• , �� �,` ' '� .- , v � f�.2�.�nS�'� CU.�YY.T�'vl' c-hr,�,►ic,J�,E"S= ---•�-ter..: 24 h� U c i GA7CW W Q N ! � IAM 407rS J>6 j sr ` ASr ,CA: �iCrN�/AIl Ckram• 2�3 t� 401P low IL A6 f 5 A go Sze 114 aox I N 2-- WX 'i ��411r .2 N % N .4 RI?ORO S511-D .5;007- 41FI-le EXIS 7-/,,V4r- S-AO 7- 46:Z C V'.'C. lk I 24 1-=X IS rIA1�r 6 0,V.7-e aR 9 RAE%r4e*4rA,'ep4E PZAA1 /0 7y 7 2e-S6 4j 4.� 15A 7CW O.Urb -sewee,44CALAA1 lk 40rs .as \l' �kp fs rA4 A s r 41.1 'IA COS ALL A " " 172 FA S r F A L M 0 U r/y A/ c- EAS7 1-1400r/� A55 025310 wzer 3 ,pew 5HEE-T 1 07 �L 13 i TOPNCN Op Mq gar Co F` ,3 le 9 H , IN 351 o-1rILI A O f-. . � 40 x E _ / 6 �.8 36 ko t�� ��v U 33 �1 . 2 AL Y/ A F' 'aJUL 3-1 C-- N���` �o{ �Pa 9 �� : �a tc ---'7 C)144 /) ;2z \ Na S qr c0. SYSTEM # 2, REVISED BY �(D8 / TH1 S PLAN AUG. 23� 1911 3> ,N 1 6 F F W aPq R i - sYsTME TEMP' ®r J ACL 33 30 �O,NiMUN ITT BUILDING �1 rcXla%' � 9• I '� �A niNc \ / PIT 1 - 1`\ \ ZA."C.I. 2 oA I Z CN1NG P 1 j •Fc �- J d r oX f -O ��1 IT I ZD, E I LEAl.N1NG PITS � S S �10 .-,,� ,4G f �[A"C,t.F6C, a �.., �� 20 0 o �'./ F L P SI'BTE j ~>. A 9�}y f' l -� t 1 �.<,� �/ �Q `1 O r►�c 'TIDE CONj'R?�''TOR IS D15T O / �` S �prn� r<J`�'t� . ` �y1N�p �% FOR NOIrITlC� ZH:�T E.•vI�LE HOS- ysr Fh F - E� 4 �,� �2f< 2 S HEALTH , / xPITAL, `i':-L. 9�4'i-1G60, FOR �� rF Bg 9 4q q FF ;�O -z ��` -� IZZSP ;CTIOITS AS R'+`Q:JIRED IN FF„ ; ® �:E7'TER OF SASE. DATE APPROVING 3? 6 / / T llS. -: ?ESE P.�A —�- t��SEpr it 51K _ ...................................... _ ® P R 0 VtD BENCH MARK Ll-,- 37.5�. r a .� T 0 P OF STAKE. 30 w Mass. DegUC�mrt of Public Health 35 - __ Div /o of En�fironme,ntal Health Date FOR DETAW_1 SEE SHEET # 2 - + 1 `TE. S GN t C NZJ r w, 0v , E- -i s 5CP' 1 L T PLAN OF r p1N4K .v' pi '��r�� Cam. j4K nowt DA E- MNY. I� ► �°,� f :+ I RE_VI KD AUG 2 30971 ::►,mo w �<V-V) r :EN ` I ul ;y zc:, 19- _ _ . `.,. S �, * ',�� : , •,, �emu+�3_'.A k / TOP VIEW �p,,�� .�cr��cr� SYS 4A -- � 515.2 4,5,8_I4-'� US.i,A,bB,7,9 16-0" � WIT►-k NAt.lc;rl,C�g A'C'�/�.,1t�Q 1 t'�t��. L t 1'a ,-�' H 0 F Ct�ST %`� A:.`Eskr4P,Tk W4J .ETS t ou-r ��rs ICON P i P1: F >` (�jUlk t_ C1 CAST IRON f' � I ;' , A'r OUTI. T SEPTIC' TANK F_1UILD0,' To 4A- 3'-o,. -! FINISH G t�,p,D E -- - SYSTEM 4 5 8 4 0" "Nc�c�_ �, r�P,r� o;.E e+ ! _ I o = -� y _ O Y HEAVY DUBRiCTY CASTAN ON FRAIM�. ,G ',' - - ;, �c .,G,rt� --- -- - i �- {- r a sYSTEM z, SYSTEM 6A 68 7 9-5' 0" a �•aR�CE 9 _► Y ►- , Z 4-a A I �- • - AND COVER BROUGHT TO GRADE. _ - OE*�-rcT :E_ta,t;+wLAID TER OUT LET � _'Z, O Ve, � � W ASHEC ��---^------ t- ; .,��� _--- ...fT v~i N � } � +0 - ter,` aNL. A1�t _- i 1 I 1 - -- N m cn -, 1J 0 C� m 0 (2) 0 00 �+ ZQ'--- 00 0 0 Q Q) 00 z 0 -� SYSTF,MS 2,4 5 8 0 * D 0100 ill J !i,; UL,TA"e, `�'-O Sti DE VIEW 0 Q w ; 1500 GAL. TANK I 00 0 T QZ m 0 0 0 TYPICA,�_ DkSTR�&UTiON O - N 0 s C A.L.;�.1 o m Q - - .r, r � Q. 244 O to. �'�c'�►,Mc. E c OV�i't Sgrc. ©E"A,1 ri I 00 (9 00 a G E,._N E.P.A.L_ N 0T _.. G^NCIE T SMP�I_�. �. C ' -- P�. T A�' 28 ,�;� 6- ' �i o�►�O t..Ev L h , v,TLET REiN'F�`��?'....Er� �.�'Tf I:...L. �J�1f,,..'._.. ��,. rG`�?,��� �"!�.1 P11...�•�"r' �yC'i�-.�.,+� _ _ � ._ --------------- T'E-E 1 N`C) _ o Sc. Tt: "At-yl� !-iA,.{,. :": �hIS, W 1 T1-1 U. S:).. PU13L1 C 1-� Al_Tt-A ° ' + I r, . �y d m I mao ^.aa _ ' mco -�� TYPICAL AN 1� JYl�T P�..�.�J ✓"" LEA ^ HNQ) ...�. s r q r= c9 r SOIL f5F_ARR t N�� - 3000 P, , t . M 1I N 1 M'.j M ------- ---- -- - . _- - Z Q BO_T_vom C)r F-xC�gP;t 0il-A MIJS' e>F LEVEL•- P\NO QMU C� C�C� jGAL E 1 ,�- ` �,� o � r ' AT �"'>-AIr �F G 'C:`r'� �R A©E. FOR 80_'T JNt Qf� �AtvYw �L.+ t .�Q r �.,,� ,N cnd I ALL PtP�=S FI'ti TiNC� -i0 �N0 4N 'THE , r r A �- - �� LrN UT l �T 0 EP7 C T Ni ' To U7 � TC To Gc2� GRACE Far+v5,1 F4oe.sz t+*� SLAG 4 6 4)5w pqv p iT 4"9aT c P f31_�Ca SECT I ON 4, TE_'�� H OLE� tEv �.;xi 2I SEPTI,;_ O�- FC,SLOPE our 'C A"V - ,.�rcH,fac. ' • TxtiSrc NO 5 �. PIT HOLE IA HOI.eZA HOUL'.5A Hr)iE!4A HOOF-*SA Nr..)LEw-.A, 1�OL _'7A r j OWE LZNG14 OF CAs'T � DEPTH IN F F-E I- EL- C. .: ` R O N PIPE AT OUTLET E�.'2 • J E� ' C I - ' 29:S:) OEL I Fi�.L, FILL , LOA,:�, LAM TYPI GL _ _ St_ '" ON Ln 2- Sts��'i►'. S ae>sn►�. E ;ueP. _ _f '.i +T 1 ON� 24w -� 2 - 2'- - -- .. ._ -e T Tc � T SYSTEM i - 5 Y S E. M 2, S 1 4 4Z,• 5 -b ;�' .� 4• � SYSTEM 4A SYSTEM 5 �YSTCM �A .,YST�.A,1 GB SYSTEM ? SYST�.Iv1 8 SYSTI✓M 9 Tc 3'-�' sAN01 �o' c" FINISH F I OOIZ E L. _ 31 . 00 37. 00 3 5 50 T RAV _ - 3 4 00 2 ? 00 - 3 2. 0 1210 } i 2cy O G ��- rn�.t ( - ---------- -- - --- - --- � 0 3 2 . 00 3 9 .vv 3 0 . ,•a TO 9'-��" sAN© N'Ev INV. OUTLET _ EL. = 34. go 34. On 3Z - 50 31_. 00 Z9. 00 29. 00 36.00 27. 2c 22a/2' 24. 00 6 MEc. To INLET SEPTIC TANK EL. = 33. 90 3 3. 90 3 I . 50 ? - - - - -- __ _�_ - --- - - - -- _ o ,72 23. 80 Z8. 14- 2.8.80 35. 80 2'7 .00 2a SCME CCARS� MTo• .: 9 -Cc' MED. OUTI.CT SEPTIC TANK _ El._. 33. G5 3 3`GS I . 25 3 0. 47 23. 55 Z7. 89 28. 55 35. 55 26.75 :,aura :oA SAND HE AU �UT`� R1t�lC� CC�''JE.�? -- G 8 INLET DIST. BOX F-L.= 33 45 33 45 30. 75 a 30 19 23.4 _ 5T IR01- SAND -- -- 5 27.46 28.45 35.35 26.5 _ . _2 OUTLET DIST, BOX EL. = 33,28 33.28 30- 58 3G.02 f 2 3 8 27. 29 ----^- lt� :� i� TAN�.�Q`,�` t �' � � 011 _.__. _ 2 8 2 8 3 5. 18 2 G 38 � I_ C,H ' ' Ip INLET LEACkING PIT EL. = 33. Z8.. 3 3.Z8 28. 50 28. 50 23. 28 Z6.00 . Z8 35. 18 ivco 1 EL. 29.0 EL. 2G � EL: 2�,0 EL= 21 .5 E.i.� 15 0 EL.= 2G.p EL. I .O FIN _ -, t 2 + - --28- -- 26 3K _ Sca t GRADE OVER SYSTEM >~ l.. 3 �. 0 37. 0- 34. 5 - 3 .0- 34.0 ZG•0 ± 30. 0± 3I . 0' 38. Ot 5t I Health No ..___-_____.___.__-__ _�.. Mass. Department of Public 12 , =melltal HealthPEr"�,C,,, F• ATF t`"�C} . 7t-AA.N I iNC-H 1PN 2 M 1CU aDate AILY FLOW D e s ._N-- C R r -r E R t A STEMS 2 4 5 EACH SYSTEM 6 - 2 BE"DR o O GALS E. GE I`rF%;�,_ AR M A P A R T M E.N T S@ 4 P E R S O K S P>;.R U N I @ 5 0 G R DAY FOR N� �AN�GE MEN'' SY T F- 4A 5 - 7- r..:� V. C QJt--` APt*,, � ::.V�4 PL + Ec `a, ---;�, PER - _ - - -- -- --- 0 0 G A� DAY ---- . I OOOGAL. DAY SYSTEM GA GB EACH SYSTEM S - -- --__ - _ _ 4 - 2. _^'r"-?C <; fi�• _A� r ' *' 1`1 'w; ��- 4 t a PIL N vr(r, fir- . , PEP ` `✓- 8 _ NOTE - _. S Y_S T 1 M ?- - - - `- -. ... ,;--- 6) _ _. C3 .� t. NtT tD C- L i _. ' ��7 A�'t�,,; i�,I ,NT S 4 PEA' 1w14E) P AY ')h5UjTAB1_ F MATE-RtA4_ IN ANY PROPOSE-U LEACHING AREA SEPTIC TANK CAPACl7Y C ZOO 1. OF DAILY FLOW) ( p�� �F- SHALL BE REMOVED FOR A DISTANCE OF 25 FT. IN EVERY DIRECTION -J�__- SY3TL. M S 2, -�-� � _� 8 ( aACH SYSTF-M� 400 GAf LONE F-F-QU_Li�_F�_= USE 2,�500 GAL . TANK__ AND BACKFILLEU WITH CLEAN GRANULIaR MATERIAL. THE SLOPE FROM �YSTE�VI -�2A__ 2000 .jKLLON51 PI v1 D - s 20 T!{(~ 25 FT. Ul5 TANCL T � THE ORtGf DIALRCJND SHALL NOT EXCCEp Ip 'T, , S S - - 6 SONS U C�=SSE 2� _ -- - S -.-__ 2 S U '= D - U S >~ 350 O- G A L.��, _K N f�*N r`1`S LE e P . •S y S?-Er'i"! 3 a eCL4 h a• a w' 1, • - -- _LF- CHING PIT _EFFECTIVE_ ARLA 2 GiAL.. PER SQ, f=T, PLUS 25 fie) FOR. 1 _ 715 O - - v r:� i.1 `*f -'` •,; - I _ - - - STEM-STEM 4 A _ _ 5 0 0 + S - --� T S�3 8 3 4 �. -- ------- 1_ - �2.5_ GLUT.'Sl > =SAC 12-- P'1 T E j SYSTEMS G A __�B_ , �EAGu SYSTEMI _ ,4UO + I OCa - 500 SG?.FS�l 5E 1 - 6' X16a-Q* _�T�` 502 FTREStt`tE'CsYSrIA _ , '� ;.�c• } tag � I 1 SYSTEM ? 80 0 + 2,0 0 = 1000 S Q FT -USES,_ 6' X1�'-0" P T - 100 - k_ °; I 1 '� 1 - - --- - L_s 4 Q. REV1�ED�G.Z3I9? _ . } _ � l J r....�.•�t �1 � \ . ,I -e+ ..,� �..Y.;; 1 [ f ' '-w+� is -EN 1 I I y`� �..w. 1r1's T- {�.Sf.Ja " .�'• _.._ _'i'_ • F+ '. _ -. -. 1- -o-o------ __-- -�._ 10 c: .. 1_,. E -.�. '� = 1000 GAL. 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