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0035 BRIARWOOD AVENUE - Health
25 BRIARWOOD AVENUE, HYANNIS" A=289 - 088 1 n' ,P TOWN OF BARNSTABLE a Cb LOCATION SEWAGE # VILLAGE y�hkXlf ASSESSOR'S MAP& LOT INSTALLER'S NAME&PHONE NO. U�11�9 YY-11'Y� C7tJ��S 771 WS01 SEPTIC TANK CAPACITY <�> O LEACHING FACII=: NO.OF BEDROOMS BUILDER OR OWNER PERMTTDATE: COMPLIANCE DATE: Separation Distance Between the: Maximum Adjusted Groundwater Table to the 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 M ' A -3 Z-7'S 1 CAL. 30 � :; - - A �5 _ 51 �13c X2 13- f- i "qj-.J e I� DEED RESTRICTION r=:�700 FV WHEREAS, Paul A. Phelan of 42 Briarwood Avenue, Hyannis, MA 02601 is the owner of Lot 23 located at 25 Briarwood Avenue, Hyannis, Massachusetts (hereinafter referred to as "Phelan") and being shown on a plan entitled "Subdivision of Land in Hyannis and Hyannisport, Mass . , Property of Alice S . Paine, et al, August 1928" duly recorded in the Barnstable County Registry of Deeds in Plan Book 38 , Page 91; WHEREAS, Phelan as the owner of said lot has agreed with the Town of Barnstable Board of Health to a restriction as to the number of bedrooms which can be included in any home built on said lot as a pre-condition to obtaining a variance from the Town of Barnstable Board of Health 11330 Regulation" and to obtaining a building permit for this lot; WHEREAS, the Town of Barnstable Board of Health, as a pre- condition to granting the variance from the 11330 Regulation" and authorizing the issuance of a building permit for the construction of a single family home on this lot is requiring that the agreement for the restriction on the number of bedrooms in any house constructed on the lot be put on record with the Barnstable County Registry of Deeds by recording this document, NOW, THEREFORE, Phelan does hereby place the following restriction on his above-referenced land in accordance with his agreement with the Town of Barnstable Board of Health, which restriction shall run with the land and be binding upon all successors in title : 1 . Lot 23 may have constructed upon the lot a house containing no more than three (3) bedrooms . Phelan agrees that this shall be a permanent deed restriction affecting Lot 23 located on Briarwood Avenue, Hyannis, Massachusetts and being shown on the plan recorded in Plan Book 39, Paged 91 . For title of Phelan see the following deed: Book 1414 , Page 955 . Q— q Executed as a sealed instrument this y / � day of August, 1999 . Paul A. Phelan COMMONWEALTH OF MASSACHUSETTS Barnstable, ss . August /7 , 1999 Then personally appeared the above-named Paul A. Phelan and acknowledged the foregoing instrument to be his free _act and deed, before me, 4cqta 'Pub1_ic : John W. Kenneymission expires 1/28/2 05 TOWN OF BARNSTABLE ypF TH E TO w OFFICE OF 13eaa9TeBL : BOARD OF HEALTH y NAB& p, 367 MAIN STREET F�MAY d' HYANNIS, MASS. 02601 July 30, 1999 Paul A. Phelan 30 Briarwood Avenue Hyannis, MA 02601 RE: 25 Briarwood Avenue,Hyannis Dear Mr. Phelan: You are granted a variance from the Board of Health "330 Regulation" which restricts sewage flows to 330 gallons per acre per day within zones of contribution to public water supply wells. The variance is granted to construct a septic system at 25 Briarwood Avenue, Hyannis, with the following conditions: (1) The dwelling shall contain no more than three(3) bedrooms as shown on the submitted floor plans dated September 16, 1994. (2) The applicant shall record a deed restriction at the Barnstable County Registry of Deeds requesting the maximum number of bedrooms allowed at this site. (3) The dwelling shall be connected to town water. (4) The septic system shall be installed in accordance with revised plans dated July 12, 1999. (5) This variance expires July 30, 2000. The varianoe is granted because there are numerous three bedroom dwellings.in the area. It is the opinion of the Board that the construction of one additional septic system in compliance with the State Environmental Code, Title V and all other Board of Health Regulations will not alter the quality of the groundwater in the area. Sincerely yours, Susan G. AaA, R.S. Chairman Board of Health Town of Barnstable SCR/bcs phelan-1 Op THE TOt,. DATE: FEE: L►RNSfABLE, b:59. ��m� REC. BY� Town of Barnstable SCHED. DATE: Board of Health 367 Main Street, Hyannis MA 02601 Office: 508-790-6265 Susan G.Rask,R.S. FAX: 508-790-6304 Sumner Kaufman,M.S.P.H. Ra]ph A.Murphy,M.D. VARIANCE REQUEST FORM LOCATION Property Address: Assessor's Map and Parcel Number: Size of Lot: 6 Wetlands Within 300 Ft. Yes Subdivision Name: t/ No Business Name: APPLICANT �/ CONTACT PERSON/ Name: ��y �/V Name: Address: ?,�- 5A117AwoO19 byl�- Address: Phone: Phone: FAX: FAX: VARIANCE FROM RE ULATION(List Res.) REASON FOR VARIANCE(May attach if more space needed) �o 3 5 E.0-03a vNt-� dr Pf d,✓-- Checklist(to be completed by office staff-person receiving variance request application) o JU� Four(4)copies of plan submitted(including septic system plans and/or restaurant -oor plans) 1 3 19 9 Applicant understands that the abutters must be notified by certified mail at least t r�days pr1��r� eeting mvs date at applicant's expense(for Title V and/or local sewage regulation variances o IVytNp 111(E Full menu submitted(for grease trap variances only) Aj� Variance request application fee collected(no fee for lifeguard modification renewals,grease trap variance renewals[ e n 7leas ie.onl.Touts`de dining variance renewals[same owner/lessee only],and variances to repair failed sewage disposal systems(only if no expansion to the building propos EE 11 Variance request submitted at least 15 days prior to meeting date VARIANCE APPROVED Susan G. Rask, R.S., Chairman NOT APPROVED Sumner Kaufman, M.S.P.H. REASON FOR DISAPPROVAL Ralph A. Murphy, M.D. Q:/WP/VARIREQ f J11 �s �O*THETo� TOWN OF BARNSTABLE 09 , OFFICE OF ;' d c6 �-1 , = BAHMAO& .i BOARD OF HEALTH 1 1639 OJ1r0MAI � 367 MAIN STREET arch 30, 1995 HYANNIS, MASS.02601 Paul A. Phelan 30 Briarwood Avenue Hyannis, MA 02601 Dear Mr. Phelan: You are granted a variance from the Board of Health "330 Regulation" which restricts sewage flows to 330 gallons per acre per day .within zones of contribution to public water supply wells. The variance is granted to construct a septic system at 25 briarwood Avenue, Hyannis, with the following conditions: (1) The dwelling shall contain no more than three (3)bedrooms as shown on the submitted floor plans dated September 16, 1994. (2) The dwelling shall be connected.to town water. (3) The septic system shall be installed in accordance with the plans dated February 27, 1995. The variance is granted because there are numerous three bedroom dwellings in the area. It is the opinion of the Board that the construction of one additional septic system in compliance with the State Environmental Code, Title V and all other Board of Health Regulations will not alter the quality of the groundwater in the area. Sincerely yours, Ict eph C. Snow, M.D. ing Chairman Board of Health Town of Barnstable JCS/bcs phelan-1 ` LAW OFFICES OF PHILIP M. BOUDREAU �' 396 NORTH STREET HYANNIS, MASSACHUSETTS 02601 (508) 775-1085 Telefax: (508) 771-0722 Philip M. Boudreau Philip Michael Boudreau Mark H. Boudreau July 5, 1994 Paul A. Phelan 30 Br.iarwood Avenue Hyannis, MA 02601 Re: Lot 23 , Briarwood Avenue Hyannis, Massachusetts Dear Mr. Phelan: In furtherance of my previous correspondence in this matter, it would appear that the above-referenced property has been held in ownership separate from adjoining parcels at least since 1968. Accordingly, subject to the so-called 11330 Rule" which we discussed, it would appear that the premises satisfy the grandfathering provisions of the Barnstable Zoning Ordinance and that a building permit should not be denied on the basis that the lot does not meet the current dimensional requirements of the Ordinance. If you have any questions, don't hesitate to call. Sincerely, Philip Michael Boudreau PMB/hcg r — i TOWN OF BARNSTABLE c LOCATION SEWAGE # -5� VII..LAGE try�1��(l'� ASSESSOR'S MAP & LOT � INSTALLER'S NAME&PHONE NO. SEPTIC TANK CAPACITY `� O LEACHING FACILITY: (type) 1"I'_ �� size)3�, a�Z i NO.OF BEDROOMS BUILDER OR OWNER—?Au IPERMTTDATE: C) COMPLIANCE DATE: Separation Distance Between the: Maximum Adjusted Groundwater Table to the 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) Edge of Wetland and Leaching Facility(If any wetlands exist Feet within 300 feet of leaching facility Furnished by 'r Feet 2 ,A� Ism CAL. c- "- z.' Z . -�-- 515 -�- '22° 3 _S- 25,'5 r . I'I _ 4 No. r' Fee ` TAE COMM40&Z-ALTH OF MASSACHUSETTS Entered in computer: Yes PUBLIC HEALTH DIVISION -TOWN OF BARNSTABLE., MASSACHUSETTS 's Z[Opf cation for Migaal *pztem Con!a _uction Permit Application for a Permit to Construct(V )Repair( )Upgrade( )Abandon( ) Complete System El Individual Components Location Address or Lot No. fj�/,pfwooq V L Owner's Name,Address and Tel.No. 6--7-7 i///✓ Assessor's Map/Parcel Installer's Name,Address,and Tel.No. Designer's Name,Address and Tel.No.Ilk I f)m TIM k:s �_s M# oaw , 7 4,16Y Type of Building: ,,� Dwelling No.of Bedrooms Lot Size I °° sq.ft. Garbage Grinder(A Other Type of Building 80144 No. of Persons Showers(oa) Cafeteria V/6) Other Fixtures Design Flow 33a gallons per day. Calculated daily flow gallons. Plan Date 1-11-9q Number of sheets Revision Date Title Size of Septic Tank I i a Type of S.A.S. ,p%�/AilWI .Description of Soil M>yl7 I UA4 C 4wD W�gyk� R1 1P er � W-Al Nature of Repairs or Alterations(Answer when applicable) /t' - d' Date last inspected:�/V - Agreement: The undersigned agrees to ensurg the construction and maintenance of the afore described on-site sewage disposal system in accordance with the provi ' itle a Environmental Code and not to place the system in operation until a Certifi- cate of Compliance has beejisued b o Signed Date Application Approved by Date R;@-%5, Application Disapproved forte following reasons Permit No. C? - R.•7 Date Issued x9 '4 . - }j J Fee f 7 ! ra T: s y e- COMMC 1 W �L'TH OF MASSACHUSETTS' ems` Entered in computer: PUBLIC,,, UBLIC HEd3LTH DIVISION -TOWN OF PARNSTABLE., MASSACHUSETTS Yes " V Iftat# ott for Miq;*al *pgtem Congtruction .permit Application for a Permit to Construct(u )Repair( )Upgrade( )Abandon( ) Complete System El Components Location Address or Lot No. 5 9 RO41,100Q d V L Owner's Name,Address and Tel.No. �pU-7�7S-7o2SeZ _ //y/4 ��� oal of Pgu/- fl' �H/1,qN Assessor's Map/Pazcel '�` tF aZ d /!>'A wo o li u l 'Re Installer's Name,Address,and Tel.No. Designer's Name,Address and Tel.No. H stir r s /� o3 w la. Type of Building 3 Dwelling No.of Bedrooms Lot Size /p,+pfp® sq. ff. Garbage Grinder Other Type of Building ��oNl� �� �No: of Persons �)1Y Showers( Cafeteria A _ v'. Other Fixtures r' 33a G. a. . ." Design Elow ' t gallons per day. Calculated daily flow gallons. Plan Date t 7-1 I' q`f Number of•sheets Revision Date Title S s Size of Septic Tank i5oo Type of S.A.S. Description,of Soil /M f U 1uR1 AND �y! r/Muk P fiAl ..- j Nature of Repairs or Alterations(Answer when applicable) 14 • �`7 ' Date last inspected: .a Agreement: The undersigned agrees to ens the construction and maintenance of the afore described on-site sewage disposal system in accordance with the prow' ' itle a Environmental Code and not to place the system in operation until a Certifi- cate of Compliance has been,'. sued b Bo Signed Date Application Approved by Date_9;2 —2 5f Application Disapproved for t e foll wing reasons Permit No. C? — ge-7 Date Issued THE COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, MASSACHUSETTS Certificate of Compliance THIS IS TO CERTIFY, that the On-site Sewage Disposal System Constructed(�j)Repaired( )Upgraded( ) Abandoned( )by at has been constructed in•accordance m with the provisions of Title 5 and the for Disposal Syste onstruction Permit No. ??,S 2.Z—dated Installer Designer 4 v n e u The issuance of this e t hal no/be c••�strued as a guarantee that the ste -will func 'oa d�1g led. 9r1 Date I �i Inspector t �' `tfY' r 5 17 Fee U© THE COMMONWEALTH OF MASSACHUSETTS PUBLIC HEALTH DIVISION - BARNSTABLE., MASSACHUSETTS migpogat Opgtem Congtruction Permit Permission is hereby granted to Construct(),e)Repair( )Upgrade( )Abandon( ) System located at Z S ,.rc,v�rsti? Q,eX m and as described in the above Application for Disposal System Construction Permit.The applicant recognizes his/her duty to comply with Title 5 and the following local provisions or special conditions. Provided:Construction must be completed within three years of the date of th' I. Date: f' Approved b (� f �� r J / •, v a �p�oFTas ropy TCV1fi;N-O;v�i3ARNSTABLE CF=ICE OF Beaa9T.1BL 11M6 . BOARD OF HEALTH �O t639. �Fa MaY�� 367,MAIN STREET HYANNIS, MASS. 02601 July 30, 1999 Paul A. Phelan 30 Briarwood Avenue Hyannis,MA 02601 RE: 35 Brianvood Avenue,Hyannis, IV1A Dear Mr. Phelan: You are granted a variance from the Board of Health "330 Regulation" which restricts sewage flows to 330 gallons per acre per day within zones of contribution to public water supply wells. The variance is granted to construct an on-site sewage disposal system at 35 Briarwood Avenue. Hyannis, MA., with the following conditions: y (1) The dwelling shall contain no more than three (3) bedrooms as shown on the submitted floor plans dated September 16, 1994. (2) The.applicant shall record a deed restriction at the Barnstable County Registry of Deeds regarding the maximum number of bedrooms allowed at this site. (3) The dwelling shall be connected to town water. (4) The septic system shall be installed in accordance with the revised septic system plans dated July 12, 1999. (5) This variance expires July 30, 2000. The variance is granted because there are numerous three bedroom dwellings in this area. It is the opinion of the Board that the construction of one additional septic system in compliance with the State Environmental Code. Title V and all other Board of Health regulations will not alter the quality of the groundwater in the area. Sincereiv yours, Susan G. Rask. R.S. Chairman Board of Health Town of Barnstable SGR/bcs phelan2 ---�--- -_ ........... Pot I : I i � i , I �_• I i I ; � t i t 100.66, I ; 23 t 11900 t 22 I 3J.9 -- I I { - ir ' %4, 1 1 •• I j I liO4 p Q' d ti j I JStlo i �' JatI6 27-95 Ic,Sr ( <� , w-IIr , � �r T _ F i i : tk. 0.1 A� lao:�b i� eL , L j I P&o'JiU No Scate - 500 i I I i L. JJ 1; i I { - � Sketch :Zara"o' .('a ul 4x /! M9 } .,o't Robe t phc on r�eiju; tot 2::3 ae. �r2ou 2 on a pin 2eco�r�l' , i I �f n book,; 38 ��a�e 91 - 1_: - C� at ev �.o►t.�. I I , I Made 8� 6-94, , I MAS l�F s No w� ,e clbtlikte� z dEkIARDi JO'"YOUPJG cP A Pe�tc.t 2 min e2 I r► - I J O I I No i3007e AM p sand �i./Z 7 • i _; I ' I I � { - f tf ! 79. , .. ! _ I i _. .. �. ; , I I I � : r 1 DESIGN CALCULATIONS> ' NUMBER OF BEDROOMS 3 GARBAGE GRINDER NOT ALLOWED DAILY FLOW: 3 BR X 110 GAL/ (BR—DAY) . - 330 GAL/DAY - SEPTIC TANK REQ' D/PROVIDED MIN 1.500 GAL- LEACHING CAPACITY (PRIMARY & RESERVE) : j 2 X (36 ' X 2 ' +2 X (36 ' + 2 ' ) X 2 ' ) X 0 . 74 GAL/ (SF—DA) = 331 GPD. S� J SOIL TEST DATA P-8262OF I DATE: 0 8/16/9 4 eERNnR����°s WITNESS: J. DUNNING ENGINEER: J.H. MILNE a' #1 ELEV 30.4 o JOHN YUUNG N 0-18" TOP & SUBSOIL 0 No.30078 ARCH-MAR v~i 18-126" MEDIUM SAND W SOME GRAVEL v NO WATER AT 126" ELEV 17 . 9 PERC <2 MIN/INCH S_1 - 33.0 6' MAX 9' MIN, 36' MAX 3" TOPSOIL, 2% SLOPE 1'MIN, 3'MAX 1 PLUG END j LEVEL 1.25 OF PIPE t �.17 2'MIN 4"ID PERF PIPE, 0.5% SLOPE 6.9 = - .83 0 2" PEASTON� 0.25 1.17 26.4 26.1 -s..--� " 26.6 26.3 '' 26.0 3/4" TO �.. 4,00 DISTRIBUTION " ^' ~' ` 1-1/2" i 10' MIN BOX WASHED r DB-3 .H-10 (2) 36'L X 2'W X 2'H TRENCHES STONE 6" GRAVEL ON NATIVE SOIL OR 23.8 i j MECHANICALLY COMPACTED BASE, .'- 5.9 1500 GALLON SEPTIC TANK TANK AND D-BOX f ST-1500—H-10 Z BOTTOM OF TEST HOLE EL 17 . 9 = LOT�' Z arc /ba ;y DEED RESTRICTION O [PY WHEREAS, Paul A. Phelan of 42 Briarwood Avenue, Hyannis, MA . 02601 is the owner of Lot 23 located at 25 Briarwood Avenue, Hyannis, Massachusetts (hereinafter referred to as "Phelan") and being shown on a plan entitled "Subdivision of Land in Hyannis and Hyannisport, Mass . , Property of Alice S . Paine, et al, August 1928" duly recorded in the Barnstable County Registry of Deeds in Plan Book 38, Page 91; WHEREAS, Phelan as the owner of said lot has agreed with the Town of Barnstable Board of Health to a restriction as to the number of bedrooms which can be included in any home built on said lot as a pre-condition to obtaining a variance from the Town of Barnstable Board of Health 11330 Regulation" and to obtaining a building permit for this lot; WHEREAS, the Town of Barnstable Board of Health, as a pre- condition to granting the variance from the 11330 Regulation" and authorizing the issuance of a building permit for the construction of a single family home on this lot is requiring that the agreement for the restriction on the number of bedrooms in any house constructed on the lot be put on record with the Barnstable County Registry of Deeds by recording this document, NOW, THEREFORE, Phelan does hereby place the following restriction on his above-referenced land in accordance with his agreement with the Town of Barnstable Board of Health, which restriction shall run with the land and be binding upon all successors in title : r 1 . Lot . 23 may have constructed upon the lot a house containing no more than three (3) bedrooms . Phelan agrees that this shall be a permanent deed restriction affecting Lot 23 located ,: on Briarwood Avenue, Hyannis, Massachusetts and being shown on the plan recorded in Plan Book 39, Paged 91. For title of Phelan see the following deed: Book 1414, Page 955 . Executed as a sealed instrument this / ,' g I day of August, 1999 . Paul A. Phelan I COMMONWEALTH OF MASSACHUSETTS r Barnstable, ss . August 1999 Then personally appeared the above-named Paul A. Phelan and acknowledged the foregoing instrument to be his free act and deed, before me, 40qtay�PLublic: John W. Kenneymission expires :- 1/28/2 05 1 3� c � � m a � G --Q m x . ti I r �5 I C• � 1 r yE4 -+ III µ , I � ? 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