Loading...
HomeMy WebLinkAbout0032 HEMEON ROAD - Health 3 �HEMEON ROADi f i I Malkus, Karen From: Malkus, Karen Sent: Wednesday,January 31, 2018 3:55 PM To: 'shelbypower@gmail.com' Subject: FAST I/A system at 32 Hemeon Hi Shelby, I have reviewed your property file and looked for test results. I could only find six samples, which were reported to the County(Emily Michele ) and the Barnstable Health Division. If you can send the November results- then there would be 7 total samples. The BOH already granted you a reduction to 2X a year, once you have 8 consecutive tests. If you get a Operation and Maintenance_contract for 2018 and get a 2018 sample soon, we can count that as the 8th. Your FAST system results have been consistently low,which suggest the system is working properly and doing a good job reducing Nitrogen. Your property is in a Zone ll,which means drinking water comes from your area—that is why it is important that the waste is treated with the FAST. So, if you could send the November results and obtain a contract for 2X a year for the system ASAP, then you will be considered in compliance. If you have questions,or concerns do not hesitate to contact me. Karen Malkus Town of Barnstable Health Division Coastal Health Resource Coordinator karen.malkus(c)-town.barnstable.ma.us phone: (508) 862-4641 cell:.(508) 857-6558 1 III, F t CD* H BAR,115TABLE Cotpm DEPARwENT OF HEALTH Am ENtlnomaNT PROMOTE - PROTECT SUPPORT AC,Il15 Y M November 8, 2016 Thomas McKean Barnstable Health Division 200 Main Street Hyannis, MA 02601 RE: I/A septic system operation and maintenance contract letters to owners Dear Thomas McKean, have enclosed.1 (one) letter to the owners.,of innovative/alternative septic systems in the Town of Barnstable:This Ietteris the initial correspondence in regards to the cancellation of the 0&M contract for this system: My normal proto'col.isto send one standard letter.to owners;.'if the owner is not compliant in 15 business days, I then send a certified letter. In-the event that an owner has not come into compliance after receipt of the certified letter and within the time period specified in the letter, I will send referral paperwork to your office with copies of all correspondence I have made with the owner. Unless your office prefers otherwise, I do not need any action from you until I send referral paperwork for owners who are still non-compliant after my efforts. If you wish to see the status of this property or any others in your town, please log on to the septic database at https://septic.barnstablecountvhealth.org/. If you have any questions I can be reached on my desk phone at (508)375-6901 or by fax at (508) 362-2603. 1 can also be reached via email at emilymichele.olmsted@barnstablecounty.org. Thank you for your time. S'ncerely, 1 Emil Mich6le Olmsted Enclosure(s): 1 BARNSTABLE COUNTY COMPLEX 3195 MAIN STREET/ PO BOX 427 BARNSTABLE, MASSACHUSETTS 02630 Phone:(508)375-5613 I FAX:(508)362-2603 I TOO:(508)362-5885 Web:barn Stab tecovntyheatth.org I Twitter:OBCHOCapeCod (ZSBCDHE + BAFN51A6E CWMY OcPAPTIAENT OF HEALTH AND EttWtDK"ENT a a e'eW r} 9� PROMOTE-PROTECT-SUPPORT •, r11.IVW� W r • November 8th, 2016 Brian and Shelby Powers 32 Hemeon Way Hyannis, MA 02601-3568 RE: Operation and Maintenance Contract for the Innovative/Alternative Septic System Installed at 32.Hemeon Way in the town of Barnstable. Dear Brian and Shelby Powers, Our records indicate that the operation and maintenance contract with Robert M. Fitzgerald PE for your innovative/alternative wastewater treatment system may have expired or was canceled as of October 5th, 2016. To date we have not received evidence that you have entered into a new operation and maintenance contract. I am writing to remind you that the Massachusetts Department of Environmental Protection (MA DEP)and the Town of Barnstable require you to keep an.operation and maintenance(O&M)contract in effect at all times for your system. Information about these requirements may be found at https://septic.barnstablecountyhealth.org. My department oversees I/A septic system management and compliance efforts for the Board of Health in your town.We are authorized by your Board of Health to contact you to inform you of the above requirement and to request your compliance. Accordingly, please forward a copy of a signed contract via mail,fax or e-mail within fifteen (15)days of receipt of this letter. For your convenience, I have enclosed a list of wastewater operators we are aware of that do business in Barnstable County. The firms listed operate multiple types of I/A technologies and are not associated with any particular technology or vendor. Please be advised that if you do not respond within fifteen (15)days of your receipt of this letter by forwarding a copy of a signed contract, you may be referred to the Barnstable Board of Health for further enforcement action. I can be reached at 508-375-6901; my fax number is (508)362-2603. 1 can also be reached via email at emilymichele.omsted@barnstablecounty.org.Thank you for your prompt attention to'this matter. Sincerely, Emily Michele Olmsted CC: Barnstable Board of Health Enclosures(2): Certified Wastewater Treatment System Operators List, Inspection and Testing Requirements BARNSTABLE COUNTY COMPLEX 3195 MAIN STREET/PO BOX 427 BARNSTABLE,MASSACHUSETTS 02630 Phone:(508)375-6613 1 Fax:(508)362-2603 1 TDD:(508)362-5885 Web:barnstablecountyhealth.org I Twitter:@BCHDCapeCod Town of Barnstable Barnstable IKE Regulatory Services Department e"ac ftv 9nA MASS.MASS. $ public Health Division 'm i639• �� PrfD MAC a 200 Main Street, Hyannis MA 02601 2007 Office: 508-8624644 FAX: 508-790-6304 Thomas A.McKean,CHO ! ! Mr. & Mrs. Brian T. Powers January 22, 2014 32 Hemeon Road Hyannis, MA 02601 508-737-9994 RE: Operation and Maintenance Contract and. Wastewater:Effluent Testing/Monitoring for the Innovative Septic`Systern Installed at: 32 Hemeon Road, Hyannis Map/`Parcel 268-090 Dear Mr. and Mrs. Powers, The Board of Health is in receipt of a two-year Operation and Maintenance contract submitted by you, prepared by Robert M. Fitzgerald dated November 11, 2013. This contract is for the maintenance of your innovative/alternative system, owned by you located at 32 Hemeon Road, Hyannis. The Board is also in receipt of a letter submitted by you from Sharon Foster dated January 9, 2014 stating that your system had six (6) grab samples. However, you did not submit wastewater effluent test results, analyzed by a certified laboratory, for these six grab samples. Also, only four effluent tests were analyzed and logged-into the Carmody database, in 2005 and 2006. To date, you failed to submit test results for eight consecutive wastewater effluent test results from your onsite sewage disposal system which incorporates innovative/alternative technology. Therefore, you are required to continue to test the wastewater effluent on a quarterly basis each year until a total of eight wastewater effluent test results are received. After eight test results are received, you may request permission to reduce the sampling to twice per year, in writing to the Board of Health. Sincerely yours, Tho as A. McKean, C.H.O. Agent of the Board of Health QAWPFILESl32HemeonRoadHy Powers BOHDecision2014.doc EXCERPT FROM BOARD OF HEALTH MEETING MINUTES 11/12/13: I. I/A Monitoring: No Maintenance Contracts. A. Brian and Shelby Powers, owners — 32 Hemeon Road, Hyannis, Map/Parcel 268-090, contract expired December 8, 2006. The Board voted to reduce the monitoring to twice a year with the contingency that the reports are satisfactory and with the condition that the owner submit eight consecutive reports from the original testing to verify they were satisfactory. k -r Town of Barnstable Barnstable Regulatory Services Department MAE&AeMr Public Health Division �A ►639. �0 2007 200 Main Street,Hyannis MA 02601 Office: 508-8624644 FAX: 508-790-6304 Thomas A McKean,CHO ' I Mr. & Mrs. Brian T. Powers January 22, 2014 32 Hemeon Road Hyannis, MA 02601 508-737-9994 RE: Operation and Maintenance Contract and Wastewater Effluent Testing/Monitoring for the Innovative Septic System Installed at ! 32 Hemeon Road, Hyannis Map I Parcel 268-090 Dear Mr. and. Mrs. Powers, The Board of Health is in receipt of a two-year Operation and Maintenance contract submitted by you, prepared by Robert M. Fitzgerald dated November 11, 2013. This contract is for the maintenance of your innovative/alternative system, ! owned by you located at 32 Hemeon Road, Hyannis. The Board is also in receipt of a letter submitted by you from Sharon Foster dated January 9, 2014 stating that your system had six (6) grab samples. I However, you did not submit wastewater effluent test results, analyzed by a certified laboratory, for these six grab samples. Also; only four effluent tests were analyzed and logged-into the Carmody database, in 2005 and 2006. To date, you failed to submit test results for eight consecutive wastewater effluent test results from your onsite sewage disposal system which incorporates innovative/alternative technology. Therefore, you are required to continue to test the wastewater effluent on a quarterly basis each year until a total of eight wastewater effluent test results are received. After eight test results are received, you may request permission to reduce the sampling to twice per year, in writing to the Board of Health. j Sincerely.yours, Th as A. McKean, C.H.O. Agent of the Board of Health QAWPFII.ESl32HemeonRoadHy Powers BOHDecision2014.doc Robert M Fitzgerald, P.E. 166 Mayflower Terrace South Yarmouth,MA 02664 508 776 7556 fitzgeraldcape@comcast.net November 11,2013 Brian Powers 32 Hemeon Way Hyannis,MA 02601 RE: I/A Treatment System O&M Contract Dear Mr.Powers The following outlines the proposed Operation and Maintenance services for the FAST I/A treatment system located at the above referenced property. Scope of Services The treatment.system will be operated by a Certified Wastewater Plant Operator for semi- annual inspections and testing of effluent in accordance with Massachusetts Department of Environmental Protection protocols. Cost of Services Yearly($100 per visit) $200.00 Laboratory effluent sample analysis for pH,NO2,NO3.TKN , BOD5 and TSS estimated at S 220 per year. Any services beyond those noted,including responding to alarms, follow up services and laboratory testing of effluent(if required based on field testing results)will be invoiced at $75.00/hour. Laboratory fees and other reimbursable expenses including the Barnstable County annual I/A fee of$50.00 shall be invoiced at cost plus 10%. All invoices are due upon receipt. This contract shall be valid for a period of two years following Client authorization unless canceled in writing by either party.If the above is acceptable,please sign and return one copy of this contract. PI z I/A System Sample Report History Of g"'Ptis, 32 Hemeon Way, Barnstable Barnstable County Department of Health and Environment 9ssa�s P.O. Box 427, Barnstable, MA 02630 Effluent Sample Results Date TN Nitrate Nitrite TKN MODS TSS pH Alkalinity 'S4 06/09/2005 10.7 �10 0.09 0.6 19 5 7.3 63 11/18/2005�;,,,�9.9�� " 78 • - 01 �2 4 - i 5 � _�� r;92 an 06/14/2006 7.6 4.7 0.03 2.9 4 5 7.2 29 01/19/2017 13 655 9 82 0 335 3 5 6 9, 5 p ��7.03 ^:33 5 �•,� 04/25/2017� 14.44 4 0.84 9.6 29 17 7.42 7.2 Median maw. 121775 a..d„_m016b,� 736 w 4375 .,E Influent Sample Results No Influent Sample Results 0113 1120 18 03:15pm Page 1 of 1 CarmodyTM Service History Page 1 of 3 carmodyTM Environmental Management Services od BARNSTABLE County, Massachusetts-- Karen Malkus— 11/13/2013 Main Menu Service History (Home Log Out How To:All Tutorials Print Service History Ap iX for Passwords Support Phone/Fax Report Tech Problem Property Information Change/Request Form Change Password Property ID BAHem032FAS(Tracking Number) Contractor U load Carmod Training Links Map Register Event Name Powers, Brian and Shelby File a Service Event How To:File Event Site Address 32.Hemeon Road _Hyannis Port, MA Data Resources Search/Add Propert�r Service Activi r Service Statistics Create a Report Create an Excel File Total Service Events (To Date) 9 Reconcile Addresses Statistics Report _ Audit Reports S IitParcels � 119° fty, a Setup View Onsite Service History: 1� �2 3� All Years r Include Inactive Component Flags Review Questions Send Pa ment Show Reports ore More A lications Service History -All Date Report Type Entered Gallons Recorded or Comments Date Pumped By Disposal Site Serviced 9/26/2008 Chris Burt **MESSAGE** 03/26/08-Called and it, low midp , 12:20 PM Came From left message for Add Comments! 3/26/2008 Message Board owner about contract c��l 0 I� 1:55 PM for this system -CB 3/26/2008 Wastewater **MESSAGE** Did not renew I,= Vi6w ItiAsg1 ., 1:54 PM Treatment Came From contract Canoelled Add,Camm�nts' 11/8/2006 Services, Inc. Message Board 11/8/06. ::: 11/08/06- `�/r, / 3:39 PM Contact owner for cancelled contract- lI/ I$/04) CB 9/1/2006 0 Bio- **Inspection** 2:27 PM Microbics, a"- ,Print C 6/14/2006 Inc. 2:30 PM ------ Using: The /� S/OS_ Web Site 9/1/2006 0 Bio- Sampling edit 2:24 PM Microbics, Report Prin4 �6/14/2006 Inc. 2:30 PM ------ Using: The Web Site 3/26/2008 Bio- **MESSAGE** The owner has not 1:46 PM Microbics, Came From paid for testing. JAdd Comments. 5/16/2006 Inc. Message Board 09/07/06-Sampling 12:43 PM reported to database. http://carmody.biz/pump/Service_History.aspx?permit_id=269026 11/13/2013 CarmodyTM Service History Page 2 of 3 ram• System is in compliance.-CB 5/11/2006 0 Bio- **Inspection** 2:35 PM Microbics, APrint fm 3/28/2006 Inc. 2:00 PM ------ Using: The Web Site 3/27/2006 Wastewater **MESSAGE** Provisional - „V'etiv it9s 2:34 PM Treatment BioMicrobics- add Coenmonfs 2/7/2006 Services, Inc. Allison Blodig 2:11 PM Set Bio-Microbics as Assigned Service Provider-CB 4/4/2006 0 Bio- **Inspection** 177 EdW7' 11:31 AM Microbics, Print 11/18/2005 Inc. 3:30 PM ------ Using: The Web Site 4/4/2006 0 Bio- Sampling ` Edrt 11:20 AM Microbics, Report 's -Print -1.1/18/2005 Inc. 3:30 PM ------ I Using: The f Web Site 11/8/2005 Wastewater **MESSAGE** Homeowner first m_. 6%4 MS 8:47 AM Treatment name is Brian. 4Add CommOents 11/7/2005 Services, Inc. 2:32 PM 10/28/2005 0 Wastewater Sampling 'ram Edit q 9:27 AM Treatment Report ' Print _6/9/2005 Services, Inc. 12:15 PM --_--- Using: The Web Site " 10/28/2005 0 Wastewater **Inspection** Serviced and 7 Edit 8:40 AM Treatment sampled a Print g 6/9/2005 Services, Inc. 12:15 PM ------ Using: The Web Site 10/28/2005 0 Wastewater Sampling n ` * Edit` 9:19 AM Treatment Report J T f x print . '3/15/2005i Services, Inc. 100`PIVI Using':-The--- DwFa oyVPliy 23 �- Web Site 10/28/2005 0 Wastewater **Inspection** Serviced and 8:38 AM Treatment sampled K 7 Print 3/15/2005 Services, Inc. 1:00 PM ------ Using: The Web Site Total Gallons Pumped=0 http://carmody.biz/pump/Service_History.aspx?permit_id=269026 11/13/2013 r Cape Clear Water P.O..Box 1271 Marstons Mills,MA 02648 Phone:508-603-8771 Fax:508-681-8915 e-mail-capedearwater@comcast.net Operation and Maintenance Agreement for F.A.S.T., I/A treatment system located at 32 Hemeon Way, Hyannis MA MA DEP PERMIT#BARN-Hem032-FAS Date Services Performed By: Services Performed For: Cape Clear Water Brian Powers P.O..Box 1271 32 Hemeon Way Marstons Mills,MA 02648 Hyannis,MA Phone:508-603-8771 Fax:508- 681-8915 e-mail- capeclearwater@comcast.net Maintenance and Testing.Shall be performed by a Licensed Certified Massachusetts Wastewater Treatment Operator Permit Required testing quarterly for:Bod,Tss,Ph,TKN,Nitrate,Nitrite,Alkalinity This Operation and Maintenance agreement, "p gr went,(hereinafter called the o/m"),effective as of is entered into by and between Contractor and Client,and is subject to the terms and conditions specified below. Period of Performance The Services shall commence on Jan.51`2017 and shall continue through Jan.511,2019. Cost of Services Contractor shall provide the Services and Deliverable(s)as follows: Quarterly service and effluent testing-$219.00 per visit Hourly Service Rate:$77.00/per hour If both parties agree to the above said terms please sign below to v date contract j Y—- � r � Statement of Work for[Client Name] •[Date] p I TOWN OF BARN STABLE Health Division—200 Main Street - Hyannis, MA 02601 `pF THE Tpky FAX �-� P h Date: , ram, z 9�P i639. 4,m Number of pages including.cover sheet: TFD MPi TO: FROM: i C 2� Tbvm of Barnstable Health Division' Phone: Phone: 508-862-4644 Fax phone: Fax phone: 508-790-6304 CC: REMARKS: ❑ Urgent For your ❑ Reply ASAP ❑ Please comment review OF B New I/A System Permit Summary Sheet 0 U m Site Information �SSACH056` Town:f IZ(\J STAR L.t Town Permit# ZX)-3 45"�_ Assessor Map/Parcel:,_D-G'16- -09 O Unique Town ID # Site Address: ?, 2 +l e me.a r-, c_ v-\r`s Owner Name: r-i rArr \ - Alternate Name: Home Phone: Mailing Address: Work Phone: Title 5 Information Building Type/Use' P_A_15i ainc� / -F Design Flow: Z-ZcD (gpd) Seasonal Use? Yes ❑ No ❑ Unknown ❑ Bedrooms: 2- Title V N.S.A.? Yes No ❑ Unknown ❑ Lot Size: , 2 Non-standard components: Please list all components e.g. 1/A treatment unit,pump chamber,pre-and post equalization tanks, pressure distribution SAS, effluent filter, UV unit, etc., and maintenance schedule for each component e.g. quarterly, 2x/yr, annual, etc. 1 }ems l _DAP F9n'rn1 1- PS� 1-4e m 03 2 --iA-S I/A Treatment Unit Make and Model# FPvST- DEP Permit Type: ❑.General Board Approval Date:1 o r 5 a� COC Date:1411 �rovisi.onal O & M Contract Entity: ape_.Glec-Ar t i )oJ tr' ❑ Remedial r Contract Start Date: t f i a- Contract Duration: L3.r Y ❑ Pilot Unit Installation Date: Unit Startup Date:_—� DEP Permit ID#: T=/AS t Ph'J' Influent/Effluent Monitoring Requirements and Water Quality Limits Please indicate water quality parameters that must be monitored and any town mandated water quality limits;if no limits are shown, we will assume parameters and effluent limits specified in the system's DEP.approval will apply. Effluent H BOD 6' CBOD ElTSS> ❑TN Nitrapte Nitrite Organic N ❑ Ammonia ❑ TKN Fecal Coliform ❑ Total P ❑ Organic P ❑ TDS ❑ Oil/Grease ❑ Conductance ❑ Alkalinityj_ Water Usage ❑ Temp. ❑ Monitoring.Schedule: `4 (-1 Other Applicable Limits: Influent I pH ❑ BOD5 ❑ CBOD ❑ TSS ❑ TN ❑ Nitrate ❑ Nitrite ❑ Organic N ❑ Ammonia ❑ TKN ❑ Fecal Coliform ❑ Total P ❑ Organic P ❑ TDS ❑ Oil/Grease ❑ Conductance ❑ Alkalinity ❑ Water Usage ❑ Temp. ❑ Monitoring Schedule: Other Applicable Limits: BCDHE Tracking.# Please return this sheet to: FAX: 508-362-2603 Email: bciatech@cape.com 10-JAN-14 13:45 FRON-AMPROD +15088807232 T-401 P.02/02 F-659 _ �a�G°cu,at�.r cJ.e�ztirc�c lei , �r� 44 Commercial Street Raynham, MA 02767 Tel:(508)880.0233 Fax: (508)880-7232 January 9, 2014 Town of Barnstable Board of Health 200 Main Street Hyannis, MA 02601 Attn: Dr. Wayne Miller RE: 32 Hemeon Road, Hyannispon, MA Dear Dr. Miller, Please be advised that the above referenced property has had six (6)grab tests(for BOD, TSS, pH, Nitrate, Nitrite, TKN, &Alkalinity) beginning on 11/19/04 and ending on 6114/06 (service was cancelled on 11/8/06). Copies of these reports were mailed to your office when results were obtained. Should you have any questions or need anything further, please do not hesitate to contact this office. Very truly yours, AA01 Sharon Foster Wastewater Treatment Services, Inc. cc: Brian & Shelby Powers EXCERPT FROM BOARD OF HEALTH MEETING MINUTES 11/12/13: I. 1/A Monitoring: NoWaintenance Contracts. A. Brian and.Shelby Powers, owners- 32 Hemeon Road, Hyannis, .Map/Parcel 268-090, contract expired December8, 2006. The Board voted to reduce the monitoring to twice a year with the contingency that the reports are satisfactory and with the condition that the owner submit eight consecutive reports from the original testing to verify they were satisfactory. CarmodyTM Service Historyage 1 of 3 Ne o /rem Av ao i3 CarmodyTM Environmental Management'Services y BARNSTABLE County,Massachusetts - Karen Malkus 11/13/2013 Main Menu Service History Home Log Out How To:All Tutorials Print Service History ;. Apply for Passwords Support Phone/Fax Report Tech Problem Property Information Chan a/Re uesYForm Chan a Password Property ID :BAHem032FAS (Tracking Number) Contractor Upload Carmody Training Links Map Register Event Name .Powers,Brian and Shelby File a Service Event How To:File Event Site Address 32 Hemeon Road Hyannis Port, MA Data Resources Search/Add Property Service Activity Service Statistics Create a.Re ort Create an Excel File Total Service Events (To Date) 9 Reconcile Addresses Statistics Report Audit Reports M; o Split Parcels setup' View Onsite Service History: 1� �2 �3 All Years r Include Inactive component Flags Review Questions Show All Reports Send Payment 5 More Applications Service History -All Date Report Type Entered Gallons Recorded or Comments. Date Pumped By Disposal Site Serviced 9/26/2008 Chris Burt **MESSAGE** 03/26/08-Called and 12:20 PM. Came From left message for 14a dd, arnme_ntsi 3/26/2008 ' Message Board owner about contract - -- (l1 1:55 PM for this system -CB 3/26/2008. Wastewater **MESSAGE** Did not renew 1:54 PM Treatment Came From contract.Cancelled Add.Co>nme[ats: 11/8/2006 Services, Inc. Message Board 11/8/06. ::: 11/08/06- 3:39'PM Contact owner for cancelled contract- t1/ Ig�oS CB 9/1/2006 : 0 Bio- - **Inspection** Edd 2:27 PM Microbics, prm4 6/14/2006 Inc. 2:30 PM ---- Using:The. Web Site 9/1/2006 0 Bio Sampling Ed!rt 2:24 PM Microbics, Report 6/14/2006 Inc: 2:30 PM ------ ' Using:The Web Site I - 3726/2008 Bio- **MESSAGE** The owner has.not Uew Msg/ 1:46 PM Microbics, Came From paid for testing. ::: lAd6c.C4mmants 5/16/2006 Inc. Message Board 09/07/06 Sampling 12:43 PM reported to database. CarmodyTM Service-History Page 2. of 3 System is in compliance.-CB 5/11/2006 0 Bio- **Inspection** -iEdR 2:35 PM Microbics, Pant = - -3/28/2006 Inc. 2:00 PM ------ Using:The Web Site 3/27/2006 Wastewater **MESSAGE** Provisional - Vi�ty 1ti9sg/ 2:34 PM Treatment BioMicrobics= A�id'; ommerats' 2/7/2006 Services, Inc.. Allison Blodig 2:11 PM Set Bio-Microbics as Assigned Service Provider-CB 4/4/2006 0 Bio- **Inspection** sEdrt 11:31 AM Microbics, =Pant 11/18/2005 Inc. 3:30 PM ----- - Using: The Web Site 4/4/2006 0 Bio- Sampling 'Edit 11:20 AM Microbics, Report Pant 11/18/2005 Inc. 3:30:PM ------ Using:The Web Site 1 1/812 0 0 5 Wastewater **MESSAGE** Homeowner first, yie fps f 8:47 AM Treatment name is Brian. Adtioxnmgrts 11/7/2005 -- Services,Inc. 2:32 PM 10/28/2005 :0 Wastewater Sampling =Edit 9:27 AM Treatment Report �Print 6/9/2005 Services,Inc. 12.15 PM. ----- ,`g OV Using:The � 'Web Site " 10/28/2005 0 Wastewater "Inspection** Serviced and Edd 8:40 AM Treatment. . sampled ;Print 619/2005. Services,Inc. 12:15 PM ----- Using:The Web Site 10/28/2005 0 Wastewater Sampling ^ 1 Edd 9::19 AM Treatment Report �� Print 3/15/2004 Services, Inc., w Z3 Using: The Web Site 1:0/28/2005 0 Wastewater **Inspection** Serviced and Edrt 8:38 AM Treatment sampled .P.-rint 3/15/2005 Services, Inc. 1:00 PM . ------ Using: The Web Site Total Gallons Pumped=0 htFn.//rarmnrly hi77nmm�/.QPrnii�a 1-Tietnry a zny +) rrriit iil=�Fi9(171� �q OF BAl � BARNSTABLE COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT o r BARNSTABLE COUNTY COMPLEX 3195 MAIN STREET/ PO BOX 427 Phone: (508) 375-6613 BARNSTABLE, MASSACHUSETTS 02630 FAX (508) 362-2603 ACAS TDD (508) 362-5885 June 27th, 2013 Brian and Shelby Powers, 32 Hemeon Road Hyannis Port, MA 02647 RE: Operation and Maintenance Contract for the Innovative/Alternative Septic System Installed at 32 Hemeon Road in the town of Barnstable. 1 Dear Brian and Shelby Powers, Our records indicate that the operation and maintenance contract with Unknown for your -innovative/alternative wastewater treatment system may have expired or cancelled as of 12/31/69.To date we have not received evidence that you have entered into a new operation and maintenance contract. I am writing to remind you that the Massachusetts Department of Environmental Protection (MA DEP) and the Town of Barnstable require you to keep an operation and maintenance (O&M) pontract in effect at all times for your system. Information about these requirements may be found at http://www.barnstablecountyhealth.org/ia-systems/ia-owners-guide.,. , My department oversees I/A septic system management and compliance efforts for the Board om alth in yow tow a are authorized by your Board of Health to contact you to inform you of the above requireme'nand to rgguest-`amour compliance.Accordingly, please forward a copy of a signed contract via mail,fax or e-mail within fifteen 1'i)days of receipt of this letter. ' co . For your convenience, I am enclosing a list of wastewater operators we are aware of that do business inN-,arnsf'a_ble County. The firms listed operate multiple types of VA technologies and are not associated with any particular technol6,4 or vendor. NO :> y-� Please be advised that if you do not respond within fifteen(15) days of your receipt of this letter by forwardinVa copy of a signed contract, I may refer you to the'oarnstable Board of Health for farther enforcement action. You may be required to appear before the Barnstable Board of Health to show cause as to why you have not maintained the required contract. I can .be reached at (508)375-6901; my Fax number is (508)362-2603. 1 can also be reached via email. at Iwright@barnstablecounty.org. Thank you for your prompt attention to this matter. . Sincerely ,7 , Lindsey Wright Enclosures: Certified Wastewater Operators List CC: Barnstable Board of Health =1 Town of Barnstable Barnstable VE r ti Regulatory Services Department 1 edn i B'M�`E Y Public Health Division � L6�9 ,��' �f .39. 200 Main Street, Hyannis MA 02601 2007 Office: 508-862-4644 Thomas F.Geiler,Director FAX: 508-790-6304 Thomas A.McKean,CHO CERTIFIED MAIL #7012 1010 0000 2850 9989 September 4, 2013 Mr. & Mrs. Brian T. Powers 32 Hemeon Road Hyannis, MA 02601 • RE: Operation and Maintenance Contract for the Innovative Septic System installed at 32 Hemeon Road in the Town of Barnstable. The Barnstable County Department of Health and Environment has informed us that the operation and maintenance contract for your innovative/alternative wastewater treatment system may have expired or was cancelled as of July 19th 2013. To date they have not received evidence that you have entered into a new Operation and Maintenance contract. Therefore we are writing to instruct you that the Massachusetts Department of Environment Protection (MA DEP) and the Town of Barnstable require you to keep an Operation and Maintenance (O&M) contract in effect at all times for your system. Information about these requirements may be found at http://www.barnstablecountyhealth.org/ia-systems/ia-owners-guide. The Barnstable County Department of Health and Environment oversees I/A septic system management and compliance efforts for the Board of Health in your Town (Osterville). The Public Health Division is hereby contacting you to inform you of the above requirement and to order you to comply. Accordingly please forward a copy of a signed contract via mail, fax or e-mail within thirty (30) days of receipt of this letter. Q:\SEPTIC\Letters Septic.Inspection,FaiIures or Future EvaIO2 Hemeon Rd Hy Aug 2013.doc I - I +� Please be advised that if you do not respond within thirty (30) days of your receipt of this letter by forwarding a copy of an assigned contract, you will be scheduled to appear before the Board of Health at a show cause hearing on November 12, to provide information relative to the required contract. PER ORDER OF THE BOARD OF HEALTH ean, S. CHO Agent of the Board of Health • Q:\SEPTIC\Letters Septic Inspection Failures or Future Eval\32 Hemeon Rd Hy Aug 2013.doc `L Ji �R F E Cr Q F I Ln CO Postage $ ru \�M A Q�6o Cert'rfied Fee O O Retum Receipt Fee Postmark p (Endorsement Required) = Here 13 O Restricted Delivery Fee M (Endorsement Required) C,�Q r-I / p Total Postage&Fees $ (p_ SQL ru Mr. & Mrs. Brian T. Powers U 32 Hemeon Road Hyannis, MA 02601 Certified Mail Provides: o A mailing receipt ra A unique identifier for your mailpiece a A record of delivery kept by the Postal Service for two years Important Reminders: a. Certified Mail may ONLY be combined with First-Class Mails or Priority Mail®. o Certified Mail is not available for any class of international mail. o NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. o For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the ,fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPSe postmark on your Certified Mail receipt is required. o For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". .� a If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry.. PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 ,� LiM _ J► M .1 ~ ` U.S.POSTAGE>>PITNEYBOWES �'"�'O Town of Barnstable Public Health^Division M""S`"B t 200 Main Street `1 •{ ZIP 02601 0 s t 1 _ oo�.A F 260 1 Hyannis,MA 0 fi 02 1 W p 00138.3424 SEP.. 03. 2013. 7012 1010 0000 2850 9989 Fer i &'Mrs. r B "An-T. Powers Mr. \ 32 Heme.oen.Roa-- 'Hyannis, MAa026b1 . 'y R :� ��?� �. ��� .�. ;j'f P;ETURtC, T,O-SENDER . 4 -;U.1t1 CL A I E.D b -UNABLE TO FOR ARD 9 Be Q 02ED1•(44;00.2 ��Io+I�41+r+f�+Ii�19111a ��l9+�i��I��9+�z�1�►+jlii�+Il,��,l.�.i.l+�i a .Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent i ® Print your name and address on the reverse X Ln.`: ❑Addressee I - so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery I `� ® .Attach this card to the back of the mailpiece, F 3 i or on the.front if space permits. t r' D. Is delivery address different from item 1? ❑Yes 11. Article Addressed to: I I I If YES,enter delivery address below: ❑No Mr. & Mrs. Brian T. Powers 1 I J 32 Hemeon;Road 3. Service Type Hyannis, MA 02601 ❑Certified Mail ❑Express Mail t I ❑ Registered ❑Return Receipt for Merchandise I R 1 _ ❑ Insured Mail ❑C.O.D. 4.. Restricted Delivery?(Extra Fee) ❑Yes I i 2. Article Number i (Transfer from service labeq 7012 1010 0000 2850 9989�'`�� 1 f t 1 ++ t i ;I PS Form 381 1. February 2004 Domestic Return Receipt i02595-02-M-7540 I " i i!': ft- r - �, !��-i y-t .- -.i r. _•_..�._....__.�._. I • Town of Barnstable Barnstable WE r tikytind Regulatory Services Department A&Anmr`cap ily � Public Health Division 2007 200 Main Street, Hyannis MA 02601 Office: 508-862-4644 Thomas F.Geiler,Director FAX: 508-110-6304 Thomas A.McKean,CHO CERTIFIED MAIL #7012 1010 0000 2850 9989 September 4, 2013 Mr. & Mrs. Brian T. Powers 32 Hemeon Road Hyannis, MA 02601 RE: Operation and Maintenance Contract for the Innovative Septic System installed at 32 Hemeon Road in the Town of Barnstable. The Barnstable County Department of Health and Environment has informed us that the operation and maintenance contract for your innovative/alternative wastewater treatment system may have expired or was cancelled as of July 19tn 2013. To date they have not received evidence that you have entered into a new Operation and Maintenance contract. Therefore we are writing to instruct you that the Massachusetts Department of Environment Protection (MA DEP) and the Town of Barnstable require you to keep an Operation and Maintenance (O&M) contract in effect at all times for your system. Information about these requirements may be found at http://www.barnstablecountyhealth.orq/ia-systems/ia-owners-quide. The Barnstable County Department of Health and Environment oversees I/A septic system management and compliance efforts for the Board of Health in your Town (Osterville). The Public Health Division is hereby contacting you to inform you of the above requirement and to order you to comply. Accordingly please forward a copy of a signed contract via mail, fax or e-mail within thirty (30) days of receipt of this letter. QASEPTIC\Letters Septic Inspection Failures or Future Eval\32 Hemeon Rd Hy Aug 2013.doc • Please be advised that if you do not respond within thirty (30) days of your receipt of this letter by forwarding a copy of an assigned contract, you will be scheduled to appear before the Board of Health at a show cause hearing on November 12, to provide information relative to the required contract. PER ORDER OF THE BOARD OF HEALTH ean. S. CHO -Agent of the Board of Health i Q:\SEPTIC\Letters Septic Inspection Failures or Future Eval\32 Hemeon Rd Hy Aug 2013.doc Parcel Detail http://issgl2/intranet/propdata/ParceiDetail.aspx?ID=19420 IR J `t � Nwl Logged In As: Parcel Detail Monday, August 26 2013 Parcel Lookup Parcel Info Parcel _ .__ Developer ID�268-090 LotPri LOT 30 Location 32 HEMEON ROAD 130 Frontage Sec r— - _ _ _�__ ._._._ Sec Road( + Frontage Fire Village�YANNIS !HYANNIS District' Town sewer exists at this Road address io7 Index 0 688 Asbuilt Septic Scan: Interactive Al �'' 'r 268090 1 f Map f IP Owner Info Co- Owner 1POWERS, BRIAN T&SHELBY S Owner Streetl i32 HEMEON RD Street2 City JHYANNIS State MA Zip10260�1 1 Country. Land Info Acres 10.28 � Use Single Fam�MDL-01 Zoning[R6 Nghbd f0105 Topography Level Road Unpaved Utilities Public Water,Gas,Septic Location Construction Info Building 1 of 1 Year - Roof �-_w____ ! Ext Built2004 Struct Gable/Hip 1 Wall'Wood Shingle Living Area 1373 Cower r, sph/F GlslCmp Type(None Style Icape Cod Int Mastered Bea 12 Bedrooms , Wall Rooms To Int r_ __ _'.._____` Bath _ 2 woK Model Residential Floor il-aminate Rooms 12 Full r. � • Grade Average Plus ( Heat iHo - Total[5 Rooms & Type Rooms 1° Heat; Found- Stories 11 3/4 Stories Fuel iGas ation Poured Conc. Gross http://issgl2/intranet/propdata/ParceiDetail.aspx?ID=19420 8/26/2013 f y ap Robert M Fitzgerald, P.E. 166 Mayflower Terrace South Yarmouth,MA 02664 508 776 7556 fitzgeraldcape@comcast.net �I November 11,2013 Brian Powers 32 Hemeon Way Hyannis,MA 02601 RE: I/A Treatment System O&M Contract Dear Mc Powers The following outlines the proposed Operation and Maintenance services for the FAST I/A treatment system located at the above referenced property. Scope of Services The treatment system will be operated by a Certified Wastewater Plant Operator for semi- annual inspections and testing of effluent in accordance with Massachusetts Department of Environmental Protection protocols. Cost of Services Yearly($100 per visit) $200.00 Laboratory effluent sample analysis for pH,NO2,NO3.TKN ,BOD5 and TSS estimated at$220 per year. Any services beyond those noted,including responding to alarms,follow up services and laboratory testing of effluent(if required based on field testing results)will be invoiced at $75.00/hour. Laboratory fees and other reimbursable expenses including the Barnstable County annual I/A fee of$50.00 shall be invoiced at cost plus 10%. All invoices are due upon receipt. This contract shall be valid for a period of two years following Client authorization unless canceled in writing by either party.If the above is acceptable,please sign and return one copy of this contract. Sincerely, Robert Fitzgerald Agreed: a OFFICIAL . C I ; ca ✓/ Postage $ \S lt"� f"U Certified Fee a� 0 Postma* Retum Reos"t Fee = �� M113 M (EndorsemenYRequired) 1 LLLYYY O Restricted Delivery Fee (Endorsement Required) `-q l USPS M Total Postage&Fegs ru Sent To p Street,Apt. o.; rq -a I"- or PO Box No. City State,Z%P+4 Certified Mail Provides: e A mailing receipt q o A unique identifier for your mailpiece o A record of delivery kept by the Postal Service for two years Important Reminders: o Certified Mail may ONLY be combined with First-Class Mails or Priority Mails. e Certified Mail is not available for any class of international mail. o NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. a For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain;,Return Receipt service,please complete and attach a Return Receipt(PS Forni'3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return.receipt,a USPS®postmark on your Certified Mail receipt is required. o For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". o If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT,Save this receipt and present it when making an inquiry. PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 A)OW tHF Town ®f Barnstable Barnstable PROF Tp�� yW0, Regulatory Services Department AFAmedcaCft BARMASNKTAE3LE. public Health Division "` 9Q MASS. vo i679• TFDp�a 200 Main Street, Hyannis MA 02601 20°� Office: 508-862-4644 Richard Scali,Director FAX: 508-790-6304 Thomas A.McKean,CHO a%/AL 7�/a /oto -toted-/7-7 Mr. & Mrs. Brian T. Powers December 16, 2013 32 Hemeon Road H annis, MA 02601 RE: Failure to Provide an Operation and Maintenance Contract for the Innovative Septic System installed at 32 Hemeon Road As of this date, you have failed to submit a signed operation and maintenance (O&M) contract for your innovative/alternative system, owned by you located at 32 Hemeon Road, Hyannis. .At the November 12, 2013, meeting of the Board of Health, you testified that you will provide eight (8) wastewater, effluent tests. Only four test results were received back in 2005 and 2006. To date, you failed to submit eight (8) consecutive wastewater effluent .test results from your onsite sewage disposal system which incorporates innovative/alternative technology. Therefore, you are required to continue to test the wastewater effluent on a quarterly basis each year. You are hereby ordered to a) provide the Board with an operation and maintenance contract for this system before the next scheduled Board of Health meeting date (before January 14, 2014), and b) monitor the ' wastewater effluent on a quarterly basis each year. You are scheduled to again. appear before the Board of Health at a show cause hearing on January 14, 2014 to provide information relative to the required contract. PE ORDE OF.THE BOARD OF HEALTH • ay eer, M.D. .Cha rman Q:\SEPTIC\O&M Itr\IA-32 Hemeon Rd Hy DEC 2013.doc n I i SHE Town of Barnstable Barnstable �Op Tp� Regulatory Services Department CRY a► MATA6LE,� public Health Division Q D Q MASS. vp •6g9. ♦� rfo"`"+A 200 Main Street, Hyannis MA 02601 200� Office: 508-862-4644 Richard Scali,Director FAX: 508-790-6304 Thomas A.McKean,CHO CERTIFIED MAIL#7012 1010 0000 2851 1777 Mr. & Mrs. Brian T. Powers December 16, 2013 32 Hemeon Road Hyannis, MA 02601 RE: Failure to Provide an Operation and Maintenance Contract for the Innovative Septic System installed at 32 Hemeon Road As of this date, you have failed to submit a signed operation and maintenance (O&M) contract for your innovative/alternative system, owned by you located at 32 Hemeon Road, Hyannis. At the November 12, 2013, meeting of the Board of Health, you testified that you will provide eight (8) wastewater effluent tests. Only four test results were received back in 2005 and 2006. To date, you failed to submit eight (8) consecutive wastewater effluent test results from your onsite sewage disposal system which incorporates innovative/alternative technology. Therefore, you are required to continue to test the wastewater effluent on a quarterly basis each year. You are hereby ordered to a) provide the Board with an operation and .maintenance contract for this system before the next scheduled Board of Health meeting date (before January 14, 2014), and b) monitor the wastewater effluent on a quarterly basis each year. You are scheduled to again appear before the Board of Health at a show cause hearing on January 14, 2014 to provide information relative to the required contract. PER ORDER OF THE BOARD OF HEALTH Wayne Miller, M.D. Chairman Q:\SEPTIC\O&M ltr\IA-32 Hemeon Rd Hy DEC 2013.doc 7 Town of Barnstable Barnstable Op THE Tp� Board of Health ` `.L 200 Main Street, Hyannis MA 02601 A 039. pie 2007 rFD MP't OFFICE: 508-862-4644 ' Wayne Miller,M.D. FAX: 508-790-6304 Paul Canniff,D.M.D. Junichi Sawayanagi Brian &Shelby Powers, 32 Hemeon Road, Hyannis, MA 02601 ATTENDANCE REQUIRED. November 5, 2013 Zhe Board of Health requests you to attend the Board of Health meeting re: 32 Hemeon Noad, Huannis . die records show you are out of compliance with the required maintenance contract for your IIA septic system. ghank you for your attendance. HEALTH Phone 508-862-4644 Your item will be heard at the Board of Health Meeting on the: Date of: Tuesday, November 12, 2013 You, or a representative for you, is expected to be present to answer questions the Board may have. Meeting Location: Town Hall, 367 Main St, Hyannis Hearing.Room, Second Floor Time: 3:00—6:00 P.M. Approximately three days prior to meeting, an agenda will be sent out to you— once it is available. It will also be available on line at the town website: www.town.barnstable.ma.us - Go to ...`Boards & Committees > Board of Health - or- Go to O icial Agendas QAAGENDAS BOHNet Receipt of BOH Submission 32 Hemeon Rd Hy Nov2013.doc j i AA; M 'down of Barnstable Barnstable Regulatory Services Department y i BARNW L�r Public Health Division i639. �f0N1`�p 200 Main Street, Hyannis MA 02601 200E Office: 508-862-4644 Thomas F.Geiler,Director FAX: 508-790-6304 Thomas A.McKean,CHO CERTIFIED MAIL #7012 1010 0000 October 2, 2013 Mr. & Mrs. Brian T. Powers 32 Hemeon Road Hyannis, MA 02601 RE: Operation and Maintenance Contract for the Innovative Septic System ';7 installed at 32 Hemeon Road in the Town of Barnstable. The Barnstable County Department of Health and Environment has informed us that the operation and maintenance contract for your innovative/alternative wastewater treatment system may have expired or was cancelled as of July 19th 2013. To date they have not received evidence that you have entered into a new Operation and Maintenance contract. Therefore we are writing to instruct you that the Massachusetts Department of Environment Protection (MA DEP) and the Town of Barnstable require you to keep an Operation and Maintenance (O&M) contract in effect at all times for your system. Information about these requirements may be found at http://www.barnstablecountVhealth.org/ia-systems/ia=owners-guide. The Barnstable County Department of Health and Environment oversees I/A septic system management and compliance efforts for the Board of Health in your Town (Osterville). The Public Health Division is hereby contacting you to inform you of the above requirement and to order you to comply. Accordingly please forward a copy of a signed contract via mail, fax or e-mail within thirty (30) days of receipt of this letter. Q:\SEPTIC\O&M Itr\32 Hemeon Rd Hy Oct 2013 f Please be advised that if you do not respond within thirty (30) days of your receipt of this letter by forwarding a copy of an assigned contract, you will be scheduled to appear before the Board of Health at a show cause hearing on November 12, 2013 to provide information relative to the required contract. PER ORDER OF THE BOARD OF HEALTH Thomas McKean, R.S. CHO Agent of the Board of Health CC: Barnstable Department of Health and Environment Q:\SEPTIC\O&M Itr\32 Hemeon Rd Hy Oct 2013 44 Commercial Street Raynham, MA 02767 Tel: (508) 880-0233 Fax: (508) 880-7232 January 28, 2009 Barnstable Board.of Health 200 Main Street Hyannis, MA 02601 Re: Brian Powers, 32 Hemeon Road, Hyannis,MA Serial No. 2N793 ATTN: Health Agent We at Wastewater Treatment Services have been reviewing some of our old files and found a number of service contract cancellations of our FAST units in your town. We are trying to do some follow-up with each of our former customers and would ask for your help. Referenced above are customers and addresses along with unit serial numbers. We would like to ask you to check and see if each unit has a service provider as required and who that:person might be, as_the manufacturer has only certified a small number of people,to service their units. The concern is that their units are being serviced and tested properly and that these service providers are reporting these results back to"the manufacturer as required. Wastewater Treatment Services is the factory service representative of all FAST units in New England and ask that this information be sent to our office as we will be reporting back to the manufacturU.. Your help is needed and we thank you in.advance for your cooperation. Sincerely, Waateu atvt J wahne t Seeuuee" Wastewater Treatment:Services, Inc. Service Department, - l.tit z 44 Commercial Street Raynham, MA 02767 Tel: (508) 880-0233 Fax: (508) 880-7232 November 8, 2006 Mr. Brian Powers 32 Hemeon Road Hyannis, MA 02601 Re: Serial Number: 2N793 Location: 32 Hemeon Road, Hyannis,MA Dear Mr. Powers: We understand you do not wish to continue your maintenance contract with our 3 :company--Please be advised the.Massachusetts.Department of.Environmental,.Protection. requires a maintenance contract be in place for the life of the alternative septic system. Also, we are required to inform both the state and local agency of your decision. If you have any question's'or need additional information please call our office at (508) 880-0233. Sincerely, Donna L. �aliahan Copy to: Massachusetts DEP Barnstable County Dept. of Health &Environment °Barnstable Board of Health 260 Main Street Hyannis, M_A 02601 Tow I NC ORPO RATED M ! C 8450 Cole Parkway • Shawnee, KS 66227 • Phone: 913-422-0707 • Fax: 913-422-0808 ?� JUN 13 C e-mail: onsite@biomicrobics.com • www.biomicrobics.com • 800-753-FAST(3278) 39 June 7, 2005 Barnstable Board of Health P.O. Box 534 Hyannis, MA 02601 Re: Provisional test results Dear Board of Health Official: Enclosed are the field test results and inspection forms for November of 2004: 3.2--Hemeon Road ' �'- �' Hyannisport `'_T'liis unit was justistalled in August and has just begun nitrification. Results should continue to improve in 2005. If you have any questions or concerns please do not hesitate to contact me. Regards, Allison Blodig, REHS Regulatory Affairs Coordinator Bio-Microbics, Inc. (913)422-0707 cc: Massachusetts file for 32 Hemeon Road, Hyannisport I N C. 0 R P 0 R A T E 0 8450 Cole Parkway w Shawnee, KS 66227 m Phone 913-422-0707 m Fax: 912-422-0808 3837 e-mail: onsite ftiomicrobics.com www.biomicrobics.com 800-753-FAST(3278) FIELD INSPECTION.& SERVICE REPORT For Bio-Microbics Single Home FASTO System INSTALLATION AUTHORIZED SERVICE PROVIDER 32 Hemeon Road Installation Address H annis ort,MA 02647 Name Wastewater Treatment Services,Inc. Owner Name Thomas Powers Street Mail Address: Mail Address 44 Commercial Street P.O. Box 727 Raynham, MA 02767 West Yarmouth,MA 02673 City State Zip 508-880-0233 508-880-7232 Phone 508-775-2436 Fax e-mail Phone Fax e-mail INSTALLATION INFORMATION Model No. Serial No. Date of Installation Date of last pump out MicroFAST.5 2N793 08/04/2004 EQUIPMENT YES NO MAINTENANCE PERFORMED AND COMMENTS Electrical Panel(s) Visual Alarm Operating X Audio Alarm Operating X (if resent) Blower(s) Air Inlet Filter Clean X Blower Hood Vents Clear X Excessive Noise X Excessive Vibration X Treatment units . Unusual Odor Pum out Required: X Primary Settling Zone Aerobic Treatment Zone EFFLUENT(optional) LIMIT RESULT Estimated Daily Flow 2 Bedrooms H(Standard Units) Color Clear Temperature Odor None Comments: TECHNICIAN T SERVICE DATE Joan Peterson 11/19/2004 Massachusetts Department of Environmental Protection Bureau of Resource Protection Title 5 DEP Approved Inspection and O&M Form for Title 5 I/A L A Treatment and Disposal Systems 3837 A. Installation Important: Thomas Powers When filling out Owner forms on the computer,use 32 Hemeon Road only the tab key Facility Street Address to move your _yannisport 02647 cursor-do not use the return city Zip key. Mailing address of owner, if different: P.O. Box 727 Street Address/PO Box: West Yarmouth MA 02673 City State Zip (508-775-2436 ext. Telephone Number B. Authorized Service Provider Wastewater Treatment Services, Inc. O&M Firm 44 Commercial Street Street Address Raynham MA 02767 City State Zip (508)—880-0223 ext. Telephone Number Joan Peterson 9166 Certified Operator Name Certification Number C. Facility/System Information 2N793 Bio-Microbics, Inc. MicroFAST MicroFAST .5- DEP ID Manufacturer's Name&ID Model Name&Number 08/04/2004 Installation Date Start of Operation Approval Type:_General X Provisional Piloting . _Remedial Seasonal Residence—used less than 6 mo./year:_.Yes X No - D. Operating Information 11/19/2004 Inspection Date Previous Inspection Date Sludge Depth(to be checked yearly) Pumping Recommended _Yes X No _Collor: Clear Odor: None Effluent Description DEPMicroFASTnew.d.oc• 1 2/16/oa Page 1.of 2 N AM Massachusetts Department of Environmental Protection Bureau of Resource Protection - Title 5 DEP Approved Inspection and O&M Form for Title 5 I/A Treatment and Disposal Systems 3837 E.. Sampling Information Samples Taken:_Influent X Effluent Parameters sampled:X pH_BOD X TSS_TN X Other(list below) other 1 Ammonia,Alkalinity Other 3 Other 2 Description of any maintenance performed since previous inspection & during this inspection: Cleaned Filter,,,Splash Recycle, Notes and Comments: . Also tested: CBOD, Nitrate, TKN, Nitrite. F. Certification I certify: I have inspected the sewage treatment and disposal system at the address above, have completed this report and the attached technology operation and maintenance checklist,and the information reported is true, accurate, and complete as of the time of the inspection. I am a Massachusetts certified operator in accordance with 257 CMR 2.00. Joan Peterson 11/19/2004 Operator Signature Date System owner must submit this report, technology O&M checklist, and any required sampling results to the local board of health and DEP as follows for each inspection performed: Remedial Use-by January Piloting & Provisional Use General Use—by September 31 sc of each year for the within 30 days of inspection 30`h of each year for the previous calendar year date previous 12 months Department of Environmental Protection Attention: Title 5 Program One Winter Street, 61h Floor Boston. MA 02108 DEPMicroFASTnew.doc• 12/16iO4 Page 2 of 2 GROUNDWATER ANALYTICAL Inorganic Chemistry Field ID: 32 Hemeon,Hyannisport Matrix: Aqueous Project: Powers/2N793 Received: 11-19-0417:05 Client: Wastewater Treatment Services Lab ID: 78721-01 Sampled: 11-19-04 11:30 Container: 250 ml.Plastic Preservation: Cool Analyte " Result - Units RL` OF volume 'Analyzed QC Batch Method Inst Anatm Nitrate(as Nitrogen) 18 mg/L 0.1 5 1 tnL 11.19-0419:21 NI-2390-W 1 UD .son No)n Nitrite(as Nitrogen) 0.94 mg/L 0.02 1 5 m .S°°NO]L 11-19-0419:12 I NI -W "~ PN03 n IS 1 LJD Lab ID: 78721-02 Sampled: 11-19-04 11:30 Container. 1 L Plastic Preservation: Cool Analyte Y.Result`: Units RL.' :OF ;Volume ;:Analyzed QC Batch Method Insf Atiiyn Carbonaceous BOD 19 mg/L 4 15 20 mL 11-19-04 20:47 i.BOD-1891-W SM 5210 B 3 Dow Solids,Total Suspended 17 mg/L 10 1 100 mL 11-24-04 11:50 TSS-1020-W SM 2540 D 4 DB pH 7.5 pH NA 1 50 mL 11-19-04 21:18 PH-1796-W SM 4500-H+B 2 LID Alkalinity,Total a5 CaCO3 tx°.n o)°1I1.,.AIEPA ( ) 4Q mg/L 5 1 100mL 12-010415:49 ALK-0354W )10n 2 AVB Lab ID: 78721-03' Sampled: 11-19-04 11:30 container:250 mL Plastic Preservation: H2SO4/Cool Analyte .:' "i Result Units RL, OF -Volu:m _-Analyzed QC Batch ' ;Method:. Insf r ra Ammonia(as Nitrogen) 3.1 mg/L 0.2 1 50mL 12-02-0409:39 AM-1413-W 'iAi1°107°6181y' 1 JBW ISO°NN)a.GI Nitrogen,Total Kjeldahl(TKN) 9.1 mg/L 0.5 1 20mt. 12-01.0411:34 TKN-1501-W xim101°]d6FDIEPA 1 AVB ss.n Method Reference: Methods for Chemical Analysis of Water and Wastes,US EPA,EPA-600/4-790-020(Revised 1983),and Methods for the Determination of Inorganic Substances in Environmental Samples,US EPA,EPA/600/R-93/100(1993),and Standard Methods for the Examination of Water and Wastewater,APHA,Twentieth Edition(1998),and Test Methods for Evaluating Solid Waste,US EPA,SW-846,Third Edition,Update III(1996). Report Notations: BRL Indicates concentration,if any,is below reporting limit for analyte. Reporting limit is the lowest.concentration that can be reliably quantified under routine laboratory operating conditions. Reporting limits are adjusted for sample size and dilution. RL Repotting Limit. DF Dilution Factor. 1 Instrument ID: Lachat 8000 Autoanalyzer 2 InstrumentlD: AccumetAR50 3 Instrument ID: YSI 5100 4 Instrument ID: Mettler AT 200 Balance Groundwater Analytical, nc., P.O. Box 1200, 228 Main Street, Buzzards Bay, MA 02532 40 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 MITT ROMNEY ELLEN ROY HERZFELDER Governor Secretary KERRY HEALEY _ ROBERT W.GOLLEDGE,Jr. Lieutenant Governor Commissioner March 14,2005 Thomas B. Powers P.O. Box 727 West Yarmouth,MA 02673 Re: Application for BRP WP61b INSTALLATION OF ALTERNATIVE SYSTEMS FOR PROVISIONAL USE Technology: MicroFAST 32 Hemeon Road, Barnstable,MA DEP ID No.: FASTP68 Dear Mr. Powers: The Department has received your proposal to install a MicroFAST 0.5 on site sewage treatment system, for a new two bedroom house(deed restricted) at the above referenced location. The submittal includes a set of plans, consisting of two sheets,prepared by Weller&Associates, sheet one entitled, "Site-Sewage Plan 32 Hemeon Dr.,, Hyannisport, MA", dated May 27, 2004 with latest revisions dated 1-27-05. Daniel E. Braman, RE, stamped the plan. The submittal also included written notification that the Barnstable Board of Health approved the proposed system on October 15, 2003. On January 5, 2005 the Department's southeast regional office approved a nitrogen aggregation plan that allowed construction of a two bedroom house on the 12,916 square foot lot and provided the aggregation land, 417 square feet, to meet the minimum area -? requirement - The Department has reviewed this application for approval in accordance with Title 5,310 CMR 15.000 and Bio-Microbics Inc.MicroFAST Modified Provisional Use Approval letter issued on January 27,2004:Based on its review of the application the Department has determined that the above referenced location serving a two bedroom house within a Nitrogen Sensitive Area,will be a suitable testing facility to evaluate nitrogen-reduction under the Provisional Use Approval for the MicroFAST-system: The Department hereby approves the request for an alternative system for nitrogen reduction in accordance with the provisions of 310 CMR 15.286,Provisional Approval of Alternative System, and requires the applicant and all subsequent owners to comply with the following conditions: This information is available in alternate format.Call Donald M.Gomes,ADA Coordinator at 617-556-1057.TDD Service-1-800-298-2207. DEP on the World Wide Web: http://www.mass.gov/dep Za Printed on Recycled Paper J 32 Hemeon Road,Barnstable,MA-FAST P-68 March 14,2005 Page 2 of 4 1. The System Owner shall comply with all requirements of the January 27,2004 Department's Modified Provisional Use Approval for the system,the terms and conditions of this System approval letter and 310 CMR 15.000, as they may be amended from time to time. A copy of the Provisional Use Approval is enclosed. In the event of a conflict between the terms and conditions of this System Approval and the Provisional Use Approval,this approval shall be controlling. 2. The covers of the MicroFAST unit and the distribution box shall be installed and maintained at grade to allow for regular access and necessary operation and maintenance. 3. The MicroFAST control unit shall be installed in a location readily accessible to the System operator. 4. The System Owner shall have the System maintained by a certified operator in accordance with Section N of the Provisional Use Approval. Additionally,the owner must submit a copy of the "DEP Approved Inspection and O&M Form for Title 5 I/A Treatment and Disposal Systems" and the Bio-Microbics O&M Checklist to the Department and the Barnstable Board of Health for each O&M inspection performed. A certified operator of an appropriate grade must complete each form. Copies of these forms are enclosed. 5. At least 30 days prior to System startup,the owner shall submit to the Department and the Barnstable Board of Health a copy of an operation and maintenance agreement. The System owner shall be responsible for maintaining a contract with the Company(Bio-Microbics,Inc.) or the Company's approved operation and maintenance contractor throughout the Provisional Use Approval period unless and until the System is Certified for General Use by the Department. Subsequent operation and maintenance agreements shall be for no less than one year and shall be with any person or firm qualified to provide services'consistent with the System's specifications,the operation and maintenance requirements specified by the designer and those specified by the Department in this approval letter. The operation and maintenance agreement shall contain the name of the System operator who wilLoperate the System,who shall be an appropriate Massachusetts certified operator, or operators as required by 257 CMR 2.00. Any time the operator is changed,the owner shall notify the Department and the Barnstable Board of Health in writing within seven days of such change. 6. Prior to the Barnstable Board of Health's issuance of a Certificate of Compliance,the Company shall complete and submit to the Barnstable Board of Health a Certification Statement of System Installation, attached. 7. Prior to the Barnstable Board of Health's issuance of a Certificate of Compliance,the owner shall submit to the Department and the Board of Health a copy of a sampling agreement with the Company for the first year of operation. Subsequent sampling agreements shall be for no less than one year. The following effluent sampling and testing schedule and effluent limits - apply for year round residential use: .j i 32 Hemeon Road,Bamstable,MA-FAST P-68 March 14,2005 Page 3 of 4 Type Effluent Parameter Frequency Sample Limit pH quarterly Grab 6 to 9 Carbonaceous biochemical oxygen quarterly. Grab <30 mg/L' demand(CBOD5) Total suspended solids(TSS) quarterly Grab <_30 mg/L Total nitrogen(TN=TKN+NO3 +NO2) quarterly Grab <_ 19mg/L_. Alkalinity quarterly Grab NA Water Use quarterly Meter Reading, Report 1. mg/L= milligrams per liter A. For seasonal residential use where the residence is occupied six months or less per year, the effluent shall be monitored twice per season. The first time 45 days after occupancy and the second time within two weeks prior to System shutdown. The following parameters shall be monitored:`pH, CBOD5,TSS,TN, alkalinity and flow. B. All monitoring data shall be submitted to the Department by March lst for the previous calendar year at: Department of Environmental Protection Watershed Permitting Program One Winter Street-6th Floor Boston,MA 02108 Attn: Title 5 Program 8. The System Owner shall record in the appropriate Registry of Deeds a deed restriction granted to and approved by the Board of Health and the Department limiting the total number of bedrooms, as bedroom is defined in Title 5,to two on the property served by the system.Prior to the Barnstable Board of Health's issuance of a Certificate of Compliance for the System,the System owner shall both record the restriction in the registry and submit a certified registry copy of said restriction showing book and page number to the Barnstable Board of Health. 9. The System Owner shall record in the appropriate Registry of Deeds a notice that disclose_s the existence of this Provisionally approved alternative system and the involvement of the Department in the approval of the system.Prior to the .Barnstable Board of,Health's issuance of a Certificate of Compliance for the System,the System owner shall both record the notice in the registry and submit a certified registry copy of said notice showing book and page number to the Barnstable Board of Health. I w 32 Hemeon Road,Barnstable,MA-FAST P-68 March 14,2005 Page 4 of 4 Should you have any questions regarding this matter,please do not hesitate to contact Ron White,of my staff, at(617)292-5790. cerely, CL� 4L David Ferris,Acting Director Watershed Permitting Program Enclosure: Bio-Microbics Modified Provisional Use Approval dated January 27,2004 DEP Approved Inspection and O&M Form Bio-Microbics O&M checklist Certification Statement of System Design and System Installation M. Barnstable Board of Health DEP/SERO Attn:Title 5 Section . Bio-Microbics,Inc., 8450 Cole Parkway,Shawnee,KS 66227 J&R Engineered Products Inc.,44 Commercial Street,Raynham,MA 02767 William G.Weller,Weller&Associates,Bayberry Square Suite 4C, 1645 Falmouth Road P.O.Box 417, Centerville,MA 02632-0417 TOWN OF BARNSTABLE LOCATION 3 Z Ho-EAuFoNl 2oAA SEWAGE # e 3- J'P VILLAGE HV,��IWi�ROAZ: ASSESSOR'S MAP & LOT - INSTALLER'S NAME&PHONE NO. SEPTIC TANK CAPACITY /So o c_.+[ rim,r e ri F.4sr o .s\ LEACHING FACILITY: (type) R&@cAs7— 2-sooy,a��.�l�Ze) /3 zzry g NO. OF BEDROOMS Z BUILDER OR OWNER T•`'E-T PERMIT DATE: //- z y ^ 0 3 COMPLIANCE DATE: - - d 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 A - "PS_S � B,�j,-£ 6 sz•E ��t+�o7g 6S—z 6•2� —2 OWL 8 01� o w lw N � DicAe p oIKE �. Town of Barnstable 'r U.S..POSTAGE>>PITNEY BOWES r Public Health Division ' BAR"STABLE'Q' 200 Main Street MASS. 0 �'`tFORo+°0 Hyannis,MA02601 ;f @ c A ,q0 .r k 02 Ory601 $ 006. 1 I 0001383424 DEC. 27. 2013, 7012 1010 0000 2851 1777 I 1, O Mr. & Mrs. Brian T. Pr" ���ep`o SOP 32 Herneon Road O��oe��e.��°�cP���� O p�G� Hyannis, MA Q O Jr` 5J o`�P OOO\�5J oa .. PETURNEO .. I lstl�Ffilyl,�Ifil 1 COMPLETE THIS SECTION ON DELIVER'� SENDER: COMPLETE THIS'�SECTION" I is Complete items 1,2,and 3.Also complete A. Signature I item 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery Is Attach this card to the back of the mailpiece, or on the front if space permits. I D. Is delivery address different from item 1? ❑Yes I 1. Article Addressed to: If YES,enter delivery address below: ❑ No e I I i a / ® 3. Se Type /�'r� / I' 41 V /®f�t� / Certified Mail ❑F�rgSress Mail \ ❑ Registered alum Receipt for Merchandise i ❑ Insured Mail ❑C.O.D. I 4. Restricted Delivery?(Extra Fee) ❑Yes I 2. Article Number 7012 1010 0000 2851 1777 (transfer from service Iabeo -� .\ [ i I PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 1 _ F SME Town ®f Barnstable Barnstable Tp�y Regulatory. Services Department e'caC fty IIA A • MASS. Q Public Health Division &639.9 M . 2007 Tf°MAMA 200 Main Street, Hyannis MA 02601 Office: 508-862-4644 Richard Scali,Director FAX: 508-790-6304 Thomas A.McKean,CHO Mr. & Mrs. Brian T. Powers December 16, 2013 32 Hemeon Road Hyannis, MA 02601 RE: Failure to Provide an Operation and Maintenance Contract for the Innovative Septic System installed at 32 Hemeon Road As of this date, you have failed to submit a signed operation and maintenance (O&M) contract for your innovative/alternative system, owned by you located at j 32 Hemeon Road, Hyannis. At the November 12, 2013, meeting of the Board of Health, you testified that you will provide eight (8) wastewater effluent tests. Only four test results were received back in 2005 and 2006. To date, you failed to submit eight (8) consecutive wastewater effluent test results from your onsite sewage disposal system which incorporates innovative/alternative technology. Therefore, you are required to continue to test the wastewater effluent on a quarterly basis each year. You are hereby ordered to a) provide the Board with an operation and maintenance contract for this system before the next scheduled Board of Health meeting date .(before January 14, 2014), and b) monitor the wastewater effluent on a quarterly basis each year. You are scheduled to again appear before the Board of Health at a show cause hearing on January 14, 2014 to provide information relative .to the required contract. PE :jROE OF THE BOARD OF HEALTH ay eer, M.D.,Cha n 1 QAsEPTIC\0&M Itr\IA-32 Hemeon Rd Hy DEC 2013.doc Y No. ~: o �' Fee THE COMMONWEALTH OF MASSACHUS�ETTS Entered in computer: Yes PUBLIC HEALTH DIVISION -TOWN OF BARNSTABLE., MASSACHUSETTS 2pprication for Mquar *pttem Construction Permit Application for a Permit to Construct(✓)Repair( )Upgrade( )Abandon( ) O Complete System O Individual Components Location Address or Lot No. d� Z ` � � j Owni r' ame,Address d M Assessor's Map/Parcel �1 6� c� , l � � Installer's Name,Address and Tel.No. , Designer's Name,Address and Tel.No. 5 -7 P t ✓� 9 v4s C L" 0 Z�, _Z Type of Building: Dwelling No.of Bedrooms Z Lot Size I -t)0-0 sq.ft. Garbage Grinder( ) Other Type of Building No.of Persons2, -Showers( Cafeteria( ) Other Fixtures Design Flow �C� gallons per day. Calculated daily flow Z--Z gallons. Plan Date Z-24—6`2 Number of sheets ( Revision Date Title e Size of Septic Tanker Type of S.A.S. Description of Soil, Nature of Repairs or Alterations(Answer when applicable) INSTALLATI =C9M IN WRITING THE SYSTENWASOTALLID IN STRICT ACCORDANCE TO PLAN, 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 Certifi- cate of Compliance has been issued by this Board Heal Signed P4'- Date C Application Approved by •S 41 Date4ZV D Application Disapproved for the following reasons Permit No. 2 VD Date Issued No. Fee THE COMMONWEALTH OF MASSACHUSETTS Entered in co pute ./� Yes .� PUBEIC,HEALTH DIVISION -TOWN'OF_BARNSTABLES MASSACHUSETTS ZIPPYicatfA for 33igoof *pgtem Congtructioi ; Permit Application for a Permit to Construct(e<)Repair( )Upgrade( )Abandon( j ❑Complete System ❑Individual Components Location Address or Lot No. r .®�,(} Own �Vame,Address an-�el� '"1"7 S —Z C f t� Assessor's Map/Parcel . � � - �����;�,�'�'� `fie �30� �a� �•�t�� Installer's Name,Address,and Tel.No, Designer's Name,Address and Tel.No. ' �5 p'7 I aL lk 0-ortL. Type of Building: z. Dwelling No.of Bedrooms 7, Lot Size �D sq.ft. Garbage Grinder( ) Other ,Type of Building No.of Persons 2- —Showers( I ) Cafeteria( ) Other Fixtures Design Flow gallons per day. Calculated daily flow 2-- --0 gallons. t° Plan Date Z y b Z, Number of sheets I Revision Date Title Size of Septic Tank i S-60 Type of S.A.S. Description of Soil, ; _ r Nature of Repairs or Alterations(Answer when applicable) Date last inspected f Agreement: The undersigned agrees toensure 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 Certifi- cate of Compliance has been issued by this Board/oof Healttb. Signed ,r rc i i, K a r/ Date Application Approved by Date I/ ! t' Application Disapproved or the_following reasons Permit No. 'ZOO S� ` Date Issued ( � 141.6 ' o THE COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, MASSACHUSETTS Certificate of Compliance THIS IS TO CE , that the n-site Sewagg Di osal System Constructed Repaired( )Upgraded( ) Abandoned( )by at 3� �Q w -1 K&Y +� has been construct d in ordance with the provisions of Title 5 and the for Disposal ystem Construction Permit No. �3- S Y( dated I/ 2 1 G Installer Designer I The issuance�ofs,permit shall not be construed as a guarantee that the syst m wilhfunciion as designed.Date � Inspector No. G�% ^' � �� --------------------------Fee THE COMMONWEALTH OF;MASSACHUSETTS PUBLIC HEALTH DIVISION . BARNSTABLE., MASSACHUSETTS Mi!6poga1 *pttem Construction Permit 4 Permission is hereby granted to RR,onstruct( )Repair )Upgrade( p ENGINEER MUST SUPERVISE System located at 3 2 �'iC,tL.n f t_ INSTALLATION AND CBMFY IN WRITING THE YSTEM WAS INSTALLED IN STRICT ACCORDANCE TO PLAN. 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 lost be completed within three years of the date of this permit. Date: /I Zs '1/U� Approved by Town of Barnstable - 1HE T 4 v Regulatory Services Thomas F. Geiler,Director `URNSTABLE. 9 MASS. Public Health Division lED N10�A Thomas McKean,Director 200 Main Street,Hyannis,MA 02601 Office: 508-862-4644 Fax: 508-790-6304 Installer & Designer Certification Form Date: Designer: L,,FL( Ssa�� j-t- Installer: _lL-11sSL Address: /6 ys t dJ"r�Ltr&Y(ed - J', yc Address: 9,? &,) UlMe ,p=� On //-ZY- 03 c was issued a permit to install a (date) (installer) + septic system at 3 Z falPyc,(enaJ t o,1d I-/Y AAT based on a design drawn by (address) Wc���� i4ssucisf� s- dated (designer) I certify that the septic system referenced above was installed substantially according to the design, which may include minor approved changes such as lateral relocation of the distribution box and/or septic tank. I certify that the septic system referenced above was installed with major changes (i.e. greater than 10' lateral relocation of the SAS or any vertical relocation of any component of the septic system)but in accordance with State & Local Regulations. Plan revision or certified as-built by designer to follow. E gN of n148,U-ALk I C J LLt'es9cy r DANIEL E. 16P (Installer's Signature) aLCIVI N No. 32686C -r 4�'� �� �cISTEo QJ.� / � ONAt LNG (Designer's Signature) (Affix Desi tamp Here) PLEASE RETURN TO BARNSTABLE PUBLIC HEALTH DIVISION. CERTIFICATE OF COMPLIANCE WILL NOT BE ISSUED UNTIL BOTH THIS FORM AND AS- BUILT CARD ARE RECEIVED BY THE BARNSTABLE PU111LIC HEALTH DIVISION. THANK YOU. Q:Health/Septic/Desiper Certification Form Bk 1-7959 Po 184 134700 1 1-24-2003 1 1 0 34u Upon recording, mail to: Bureau of Resource Protection, Wastewater Management Department of Environmental Protection 20 Riverside Drive Lakeville, MA 02347 GRANT OF TITLE 5 NITROGEN LOADING RESTRICTION AND EASEMENT ON NITROGEN CREDIT LAND (where Grantee seeks nitrogen credit land from third party Grantor) 310 CMR 15.216 This GRANT OF TITLE 5 Nitrogen Loading Restriction AND EASEMENT on Nitrogen Credit Land made as of this day of November, 2003, by Channel Point Realty, Inc., a corporation duly established under the laws of the Commonwealth-of Massachusetts, of West Yarmouth, Barnstable County, Massachusetts ("Grantor"). ` WITNESSETH WHEREAS, Grantor being the owner in fee simple of that certain parcel of land located in Barnstable (Hyannisport), Barnstable County, Massachusetts, with the buildings and improvements thereon, pursuant to a deed from Christopher J. Lyons and Jeanne J. Delisle to Grantor, dated March 14, 2003, and recorded with Barnstable County Registry of Deeds in Book 16745, Page 288, said parcel(s)of land being more particularly bounded and described in Exhibit A, attached hereto and made a part hereof, and being shown on a plan entitled, "Resubdivision of Lots #23, 24, 28 & 32 in Hemon Subdivision Hyannisport, Mass. Scale 1" = 40' Date: Nov. 1959"", recorded with Barnstable County Registry of Deeds in Plan Book 155,Page 43 ('Property"); and WHEREAS, Thomas B. Powers, of 32 Hemeon Road, Barnstable (Hyannisport) Barnstable County, Massachusetts, ("Grantee of the Benefited Property") being the owner in fee simple of that certain parcel of vacant land located in Barnstable (Hyannisport), Barnstable County, Massachusetts, pursuant to a deed from John A. Byrne and Marilyn Anne Byrne to Grantor, dated June 9, 2003, and recorded with Barnstable County Registry of Deeds in Book 17060, Page 73, said parcel of land being more particularly bounded and described in Exhibit B, attached hereto and made a part hereof, and being shown on a plan entitled, "Hemeon Development Hyannisport Cape Cod, Mass. Bearse & Kellogg Engineers" recorded with Barnstable County Registry of Deeds in Plan Book 85, Page 105 ("Benefited Property"); and WHEREAS, the Benefited Property has the benefit of a Nitrogen Loading Restriction and Easement, being more particularly bounded and described in, a Grant of Title 5 Nitrogen Loading Restriction and Easement on Facility Land, recorded with the Barnstable County Registry of Deeds to be recorded herewith] ("Facility Land Restriction and Easement"); and WHEREAS, the Nitrogen Loading Facility Aggregation Plan has been approved by the Town of Barnstable Board of Health and, if required, the Department of Environmental Protection ["DEP" or "Department'] in accordance with the Department's "Guidelines for Title 5 Aggregation of Plans and Nitrogen Loading;" said approval being based upon the agreement by Grantor to incur certain obligations regarding the number of bedrooms, as defined in 310 CMR 15.002, and/or the wastewater discharge design flow in any improvements located on the Property and maintenance of the Facility Land Restriction and Easement to ensure protection of the nitrogen loading limitation of 440 gpd/acre discharge standard pursuant to 310 CMR 15.214 in nitrogen-sensitive areas or in areas serving new construction where the residential use of both on-site systems and drinking water supply wells are proposed; and to grant to the Grantee of the Benefited Property and to the municipality acting by and through the Local Approving Authority a perpetual easement to ensure maintenance of the Property as nitrogen credit land including, but not limited to, removal of any prohibited uses and in connection herewith a perpetual easement to pass and repass over the Property for purposes of inspection to ensure compliance with and fulfillment of the terms of this Nitrogen Credit Land Restriction/Easement as hereafter set forth; NOW, THEREFORE, pursuant to the provisions of 310 CMR 15.216, Grantor does hereby GRANT to the Grantee of the Benefited Property and to the Town of Barnstable, a Massachusetts municipal corporation situated in Barnstable County, having an address at 200 Main Street, Hyannis, Massachusetts, acting by and through its Board of Health for nominal, non-monetary consideration, with QUITCLAIM COVENANTS, a TITLE 5 NITROGEN LOADING RESTRICTION AND EASEMENT on NITROGEN CREDIT LAND ("Nitrogen Credit Land Restriction/Easement") consisting of approximately 1005 square feet in, on, upon, through, over and under the Property, the terms and conditions of which are as follows: PURPOSE: The purpose of this restriction and easement is to protect and preserve the quality and quantity of ground water resources in the area of the public and private wells in the Town of Barnstable, Massachusetts in order to ensure a safe and healthy public and private water supply for the present and future inhabitants of the area It shall also be for the specific purpose of limiting the introduction of nitrogen and other pollutants into, and maintaining the natural uptake of pollutants and the recharge of the ground water which takes place on the Property for the said water supply and for the specific benefit of the above referenced Benefited Property. OBLIGATIONS AND EASEMENT: 1. Prohibitions. Grantor agrees to maintain the Property as nitrogen credit land by prohibiting activities which have a detrimental effect on nitrogen loading on the Property, including but not limited to wastewater discharges, the use of nitrogen fertilizer, the introduction of artificial impervious surfaces, the raising, breeding or keeping of animals, livestock or poultry for commercial purposes, and the creation or introduction of land under water. A change in the condition of the Property which results in the Property or a portion thereof being within a Velocity Zone or a Regulatory Floodway will render the Property or said portion thereof ineligible for nitrogen credit pursuant to 310 CMR 15.216. Grantor agrees to restrict the number of bedrooms, as defined pursuant to 310 CMR 15.002, in any improvements on the Property to three(3). 2. Easements. In creating this Nitrogen Credit Land Restriction and Easement, Grantor hereby grants to the Grantee of the Benefited Property and to the Local Approving Authority, its agents, contractors, subcontractors and employees a perpetual EASEMENT to enter upon and the right to bring equipment onto the Property�to do any and all acts deemed necessary to maintain the Property as nitrogen credit land, together with a right to pass and repass by foot and by vehicle over Property for said purposes, and for purposes of inspecting the Property to ensure compliance with and fulfillment of the terms of this Nitrogen Credit Land Restriction/Easement. 3. Severability. If any court or other tribunal determines that any provision of this instrument is invalid or unenforceable, such provision shall be deemed to have been modified automatically to conform to the requirements for validity and enforceability as determined by such court or tribunal. In the event the provision invalidated is of such a nature that it cannot be so modified, the provision shall be deemed deleted from this instrument as though it had never been included herein. In either case, the remaining provisions of this instrument shall remain in full force and effect. 4. Enforcement. Grantor expressly acknowledges that a violation of the terms of this instrument could result in the following: (i) upon determination by a court of competent jurisdiction, in the issuance of criminal and civil penalties, and/or equitable remedies, including, but not limited to, injunctive relief, such injunctive relief could include the issuance of an order to modify or remove any improvements constructed upon the Property in violation of the terms of this Nitrogen Credit Land Restriction/Easement; and (ii) in the assessment of penalties and enforcement action by the Local Approving Authority and DEP to enforce the terms of this Nitrogen Credit Land Restriction/Easement, pursuant to Title 5; M.G.L. c.111, §§ 17, 31, 122, 124, 125, 125A, 127A through 1270, and 129; and M.G.L. c.83, §11. 5. Provisions to Run with the Land. This Nitrogen Credit Land Restriction/Easement sets forth the rights, liabilities, agreements and obligations upon and subject to which the Property or any portion thereof, shall be left unimproved or according to which said Property may be improved, held, used, occupied, leased, sold, hypothecated, encumbered, or conveyed. The rights, liabilities, agreements and obligations herein set forth shall run with the Property and the Benefited Property, as applicable thereto, and any portion thereof and shall inure to the benefit of and be binding upon Grantor, Grantee of the Benefited i Property, and all parties claiming by, through or under the Local Approving Authority or Grantor. The rights hereby granted to the Grantee of the Benefited Property, the Local Approving Authority to enforce this Nitrogen Credit Land Restriction/Easement and Grantor hereby covenants for himself/herself/itself and his/her/its executors, administrators, heirs, successors and assigns, to stand seized and hold title to the Property, as applicable thereto, and any portion thereof, subject to this Nitrogen Credit Land Restriction/Easement, provided, however, that a violation of this Nitrogen Credit Land Restriction/Easement shall not result in a forfeiture or reversion of Grantor's title to the Property, as applicable thereto. 6. Concurrence Presumed. It being agreed that Grantor and all parties claiming by, through or under Grantor shall be deemed to be in accord with the provisions herein set forth and to agree for and among themselves and any party claiming by, through or under them, and their respective agents, contractors, sub-contractors and employees, that the Nitrogen Credit Land Restriction/Easement herein established shall be adhered to and not violated and that their respective interests in the Property and the Nitrogen Credit Land Restriction and Easement, as applicable thereto, shall be subject.to the provisions herein set forth. 7. Incorporation into Deeds, Mortgages, leases and Instruments of Transfer. Grantor hereby agrees to incorporate this Nitrogen Credit Land Restriction/Easement, in full or by reference, into all deeds, easements, mortgages, leases, licenses, occupancy agreements or any other instrument of transfer by which an interest in and/or a right to use the Property, or any portion thereof, is conveyed. 8. Recordation. Grantor shall record and/or register this Nitrogen Credit Land Restriction/Easement with the appropriate Registry of Deeds and/or Land Registration Office within 30 days of the latter of. receipt from the Local Approving Authority of the approved Restriction/Easement or the expiration of the 60-day DEP constructive approval period pursuant to 310 CMR 15.216. Grantor shall file with the Local Approving Authority and the DEP a certified Registry copy of this Nitrogen Credit Land Restriction/Easement as recorded and/or registered within 30 days of its date of recordation and/or registration. 9. Amendment and Release. This Nitrogen Credit Land Restriction/Easement may be amended or released only upon approval by the Local Approving Authority. Release of this Nitrogen Credit Land Restriction/Easement shall be granted by the Local Approving Authority in the event the Benefited Property is connected to a municipal sewer system and the septic system serving the Benefited Property is abandoned in accordance with 310 CMR 15.354 or the Benefited Property is no longer located within a nitrogen sensitive area pursuant to 310 CMR 15.215. Any such amendment or release shall be recorded and/or registered with the appropriate Registry of Deeds and/or Land Registration Office and a certified Registry copy of said amendment or release shall be filed with the Local Approving Authority and the DEP within 30 days of its date of recordation and/or registration. 10. Term. This Nitrogen Credit Land Restriction/Easement shall run in perpetuity and is intended to conform to M.G.L. c.184, §26, as amended. 11. Rights Reserved. This Nitrogen Credit Land Restriction/Easement is granted to the Grantee of the Benefited Property and the Local Approving Authority in connection with the approval of a Nitrogen Loading Facility Aggregation Plan pursuant to 310 CMR 15.216 and the Department's"Guidelines for Title 5 Aggregation of Flows and Nitrogen Loading." It is expressly agreed that acceptance of the Nitrogen Credit Land Restriction/Easement by the Local Approving Authority [or constructive approval of the Nitrogen Loading Facility Aggregation Plan by the Department of Environmental Protection] shall not operate to bar, diminish, or in any way affect any legal or equitable right of the Local Approving Authority or DEP to issue any future order with respect to the Property and the Benefited Property, as applicable thereto, or in any way affect any other claim, action, suit, cause of action, or demand which the Local Approving Authority or DEP may have with respect thereto. Nor shall acceptance of Nitrogen Credit Land Restriction/Easement serve to impose any obligations, liabilities, or any other duties upon the Local Approving Authority. 12. Effective Date, This Nitrogen Credit Land Restriction/Easement shall become effective upon its recordation and/or registration with`the appropriate Registry of Deeds and/or Land Registration Office. WITNESS the execution hereof under seal this day of November, 2003. Channel Point Realty, Inc. B� Thomas B. Powers,President Grantor COMMONWEALTH OF MASSACHUSETTS Barnstable County,§§ November 4z 2003 Then personally appeared the above-named Thomas sident, Channel Point Realty, Inc. and acknowledged the foregoing inst ment to be i act and deed before me. awry Public: f_ r,�w F My commission expires: , /1;eiJ. i ,7 _�006 The Town of Barnstable Board of Health hereby approves and accepts this Grant of Title 5 Nitrogen Loading Restriction and Basement on Nitub"gen Cred' Land. �r am able Board of Health Date: �(/�� / GRANT OF TITLE 5 NITROGEN LOADING RESTRICTION AND EASEMENT ON NITROGEN CREDIT LAND EXHIBIT A the land in Barnstable (Hyannisport), Barnstable County, Massachusetts, being known and designated as Lots 24C (twenty-four C), 24D (twenty-four D) and 28C (twenty-eight C) as shown on a plan entitled "Resubdivison of Lois #23, 24, 28 & 32 in Hemeon Subdivision Hyannisport,Mass. Scale I" =40'Date: Nov. 1959"recorded in Barnstable County Registry of Deeds, Book of Plans 155, Page 43, said lots, taken together, being more particularly bounded and described in one parcel as follows: NORTHERLY by land now or formerly of Esther C.Peterson,eighty-five(85)feet; EASTERLY by land now or formerly of Nelson G. Marchant, three hundred twenty- seven and 02/100(327,02)feet; SOUTHERLY by Lot 430 (thirty), as shown on said plan, one hundred and 94/100 (100.94)feet;and WESTERLY by the Easterly sideline of Hemeon Road, three hundred forty-two (342) feet. Together with a right of way over all the ways shown on plan of "Hemeon Development" recorded in Book of Plans 85,Page 105,in common with all others entitled thereto. PROPERTY ADDRESS: 54 Hemeon Road,Hyannis,Massachusetts GRANT OF TITLE 5 NITROGEN LOADING RESTRICTION AND EASEMENT ON NITROGEN CREDIT LAND EXHIBIT B A certain lot of land located in Hyamiis,Barnstable County,Massachusetts,being shown as Lot 30 on a plan of land entitled"Hemeon Development Hyaransport Cape Cod,Mass. Bearse& Kellogg Engineers",which plan is recorded with the Barnstable County Registry of Deeds in Plan Book 85,Page 105,and described as follows: 4 Starting at a point on Hemeon Road,running easterly one hundred and 94/100(100.94)feet to a point,thence running southerly one hundred thirty-two and 12/100(132.12)feet to a point;thence running westerly ninety-six and 22/100(96.22)feet to Hemeon Road,thence running northerly on Hemeon Road one hundred thirty(130)feet. Being Lot##30 on Hemeon Road in the Hy-Craig Development in said West Hyannisport. The street address of the premises herein conveyed is:32 Hemeon Road,Hyannis,MA 02601. v �\ COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 s MITT ROMNEY ELLEN ROY HERZFELDER Governor Secretary KERRY HEALEY ROBERT W.GOLLEDGE,Jr. Lieutenant Governor . Commissioner December 3, 2003 William G. Weller Weller&Associates 1645 Falmouth Road z P.O. Box 417 Centerville, MA 02632-0417 RE: Statement of Technical Deficiency INSTALLATION OF ALTERNATIVE SYSTEM FOR PROVISIONAL USE Technology: FAST L a� 32 Hemeon Road, Barnstable, MA O'»1R\� DEP Facility ID: FASTP68 Dear Mr. Weller: A GAY EiLc The Department has conducted a technical review of the submittal listed above and has determined that the submittal is technically deficient. The following deficiencies must be addressed: 1. In accordance with 310 CMR 15.214 (1)No system serving new construction in a Nitrogen Sensitive Area designated in 310 CMR 15.215 shall be designed to receive or shall receive more than 440 gallons per day(gpd)per acre except as set forth at 310-CMR 15.216 or 310 CMR 15.217. The Provisional Use approval for FAST technology provides for a maximum of 660 gpd per acre. A two bedroom residential facility will require a minimum lot size of 13,333 square feet (sf).Your submittal includes a proposal to obtain_ Nitrogen Credit Land to meet the lot size requirement and a copy of a Grant of Title 5 Nitrogen Loading Restriction and Easement on Nitrogen Credit Land for a parcel located _ on an adjacent property. Please be advised that before the Department can review that Grant you must submit a separate application to the Department,BRP WP 58a, Approval of a Nitrogen Aggregation Loading Plan, Application form and instructions are enclosed. The Department cannot issue a final Provisional Use approval for this project until the applicant submits and receives approval of a Nitrogen Aggregation Loading Plan. This information is available in alternate format.Call Aprel McCabe,ADA Coordinator at 1-617-556-1171.TDD Service.-1-800-298-2207. DEP on the World Wide Web: http:llwww.mass.gov/dep y Z�� Printed on Recycled Paper 1 TY� v� 32 Hemeon Road,Barnstable,MA FAST68 December 3,2003 2. The Department must determine that no more than two rooms in the facility conform to the definition of a bedroom in accordance with 310 CMR 15.002. A floor plan for the proposed structure,which delineates and identifies all living spaces in the proposed dwelling,must be provided. 3. In accordance with 310 CMR 15.2.20(4) every plan for a system shall be of suitable scale and shall include depiction of(s),when a Recirculating sand filter or equivalent alternative technology is required or proposed, a complete plan. Please submit a modified plan for the proposed system,which shows the FAST unit installed in the septic tank detail and a profile to scale of the proposed system. You have 60 days from the date of this letter in which to address the listed deficiencies to obtain Provisional Use Approval for this system. The Department will then have 60 days to complete its review commencing on the day that the Department is in receipt of the requested information. If the applicant does not adequately reply to all items, above,within 60 days or elects to proceed with the application as it now stands, it will be necessary for the Department to deny the application. Should you have any questions regarding this matter, or should you wish to meet with us to discuss your application or any questions or concerns you may have, please do not hesitate to contact Ron White at 617-292-5790. Sin ly, Sharon M. Pelosi, Director Watershed Permitting Program Enclosures: BRP WP 58a BRP WP 58a Permit Fact Sheet cc: Board of Health,Barnstable,MA DEP BRP SERO Attn:Brian Dudley Ms.Barba,DEP Permit Administrator Expired Contracts - I/A Page 1 of 2 L Crocker, Sharon From: Lindsey Wright[Iwright@barnstablecounty.org] Sent: Wednesday, November 06, 2013 3:21 PM To: Crocker, Sharon Subject: RE: Expired Contracts- I/A Sharon, Here are the attached documents you need regarding the mentioned properties below. Powers has 2 past certified letter receipts attached as well as the letter we sent back in June 2013.This contract is listed in Carmody as expiring 12/8/2006. 1 have attached the certified letter receipt for Raymond Schneider. It was signed for by him and is clear. I have not attached the two letters we sent him (non-certified and certified) as you stated you had them. I am more than happy to send them your way should you need them. This contract is listed in Carmody as having expired 2/01/05. Please let me know if you need any additional information I may be able to provide. Thank you for following up with these properties and I look forward to learning the outcome. Lindsey Wright Septic Management Program Assistant Department of Health and Environment Barnstable County, Massachusetts PO Box 427 Barnstable, MA 02630 Email: Iwright@barnstablecounty.org Web: www.barnstablecountvhealth.org Tel: 508-375-6901 Fax: 508-362-2603 From: Crocker, Sharon [mai Ito:sharon.crocker@town.barnstable.ma.us] Sent: Wednesday, November 06, 2013 10:14 AM To: Lindsey Wright Subject: Expired Contracts - I/A Hi Lindsey, Would you please send me a copy of the four letters you had sent out regarding these properties. We have not been able to place our hands on the copies sent here, unfortunately. 11/6/2013 Expired Contracts - I/A Page 2 of 2 It would be helpful to know what the actual dates the last contracts expired would be helpful, as well. Right now, they are having a staff meeting on the two properties: Brian Powers 32 Hemeon Rd, Hy Raymond Schneider 102 Falling Leaf Rd, Ost If you could send these two along first, that would be helpful. Thank you. Sharon 11/6/2013 BARNSTABLE COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT BARNSTABLE COUNTY COMPLEX 3195 MAIN STREET/ PO BOX 427 Phone: (508) 375-661 BARNSTABLE, MASSACHUSETTS 02630 FAX (508) 362-260. SACHUS� TDD (508) 362-588! June 27th, 2013 Brian and Shelby Powers 32 Hemeon Road Hyannis Port, MA 02647 RE: Operation and Maintenance Contract for the Innovative/Alternative Septic System Installed at 32 Hemeon Road- in the town of Barnstable. Dear Brian and Shelby Powers, Our records indicate that the operation and maintenance contract with Unknown for your innovative/alternative wastewater treatment system may have expired or cancelled as of 12/31/69. To date we have not received evidence that you have entered into a new operation and maintenance contract. I am writing to remind you that the Massachusetts Department of Environmental Protection (MA DEP) and the Town of Barnstable require you to keep an operation and maintenance (O&Nl) contract in effect at all times for your system. Information about these requirements may be found at http://\Anww.barnstablecountyhealth.org/ia-systems/ia-o\�vners-guide. My department oversees I/A septic system management and compliance efforts for the Board of Health in your town. We are authorized by your Board of Health to contact you to inform you of the above requirement and to request your compliance. Accordingly, please forward a copy of a signed contract via mail, fax or e-mail within fifteen (15) days of receipt of this letter. For your convenience, I am enclosing a list of wastewater operators we are aware of that do business in Barnstable County. The firms listed operate multiple types of I/A technologies and are not associated with any particular technology or vendor. Please be advised that if you do not respond within fifteen (15) days of your receipt of this letter by forwarding a copy of a signed contract, I may refer you to the Barnstable Board of Health for further enforcement action. You may be required to appear before the Barnstable Board of Health to show cause as to why you have not maintained the required contract. I can be reached at (508)375-6901; my Fax number is (508)362-2603. 1 can also be reached via email at hwright@barnstablecounty.org. Thank you for your prompt attention to this matter. Sincerely Lindsey Wright Enclosures: Certified Wastewater Operators List CC: Barnstable Board of Health A. Signature c� t �' ® Complete items 1 2,and 3.Also complete ,7 1�` j j Ag nt item 4 if Restricted Delivery is desired. r Xt �; �,fIjf ,yL Addressee Print your name and address on the reverse — - j C. Da�of Delivery that we can return the card to you. B. Received by(Printed Name) n Attach this card to the back of the mailpiece, or on the front if space permits. >! �if-f`lt;•! ~� y, `, x D. is delivt4addleQdijerent from lieim 1? t0 Ps 1. Article Addressed to: If YES,enter delivery address below: 1❑ No . -. Q 7 13rian POWUS ! ; P.O. BoN 727 r' �.-VL est�-1 1 sa�Ice type` - Lf Certified MalI:1 ®Expr6ss Mall 0 Registered -0 Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. �D 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7006 0810 0005 4431 1107 (frensfer from service label) — - - ter:; - t 02595-02-#A-i 540 • -,OVA w rZI tlEST yA S V MA 02673 rn .42 0634 42.70 01 u 1 ten;`'e^Pee Postmark O Here Retv-nRLC C tee $t.t O (Endotsame Re `z'-o) upe'AU-, 'S�.� CDRES;I.Cic per/t��7 �y (Er,dc,5eme":A l vYl V 7 i t�7 C $5,32 0 Total Postage Fees —0 Pea sent ro N Sireei Aot Na X ..... --------------------- LiorPO Boe 1"o. PC u'.... ( �� ci y sleia, +° . 1 �.r � ;_ A iiem b 3 s a s e s • Complete items 1,2,and 3.Also complete A-Signs re item 4 if Restricted Delivery is desired. t ❑Agent ® Print your name and address on the reverse (\\\ 1 C7 Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ® Attach this card to the back of the mailpiece, `� r or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ©Yes If YES,enter delivery address below: 0 No PD I.�e 5� ycar-.moo t'1'I I� 3. IS' Tya rJifieMail ca Express Mail 0,26 73_07,x- 7 ❑ Registered Q Return Receipt for Merchandise Q Insured Mall Ck C.Q.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer from service label) ?a D 7i 1490 0 0 0 2 5249 5171 9 PS Form 3811, February 2004 Domestic Return Receipt 1e2595-02-M-1540 Ln f11 y} Ln ru p� Rerar t?t e -ae t'S E ostmark (Er da etlertt flecr�rs I t evc Res CWd OVIVeryk r Q jErtd .".TBiu:Ffe'qu'ret'k h ('`. an;T O ED jrivl -iQpt,�efj C� rfQs xl1 . PO Box 7 lJeSL Y4r.+tOcl fMP OaeT3-077,7 ,. ■ CcSnolete items 1,2,and 3.Also complete A. S'gnature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse ddressee so that we can return the card to you. B. , ceive (Primed Name)7>C. Date of Deliv ry a Attach this card to the back of the mallpiece, i or on the front if space permits. 144 t Article Addressed to: D. Is delivery addre di *%41 AMk- 9 cc If YES,enter delivery address below; No 3. rvlce Type certified Mail O Express Mail 0 Registered ❑ Return Receipt for Merchandise 0 Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Pansfer from service 7002 3150 0004 9208 7789 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 m ro 1 • �_r. C F'O$�Ai13 � �;rvtnrr cieci"�pt}'ee ID (Ends cm M Requwd) ED nesuict,:d ce'iven"Fee v1 (Ender�emern Regasred) IU fr1 To:='Pasta^e R Fees v�i} (( �..�,�/-+-- ser"TO ..._ � .._.... r 4WC �,� �_, �',,,�`/� //�'>�� ,�c't�'L ------------ -Na 3�x,V�.�L1 ` /(W Lf/GtJ.r!LG-- G ,.._w.. ll ,___ 0*1 �\ COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL.AFFAIRS DEPARTMENT OF ENVIRONMENTAL,PROTECTION' f„t v ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 MITT ROMNEY ELLEN ROY HERZFELDER Governor Secretary KERRY HEALEY ROBERT W.GOLLEDGE,Jr. Lieutenant Governor Commissioner January 21, 2005 Thomas F. Geiler, Director Public Health Division ® 1, C E O W E 200 Main Street Barnstable, MA 02601 J A N 2 6 2005 Re: Installation of Alternative System for Provisional Use T .C.hao-ogy^FAST P68 TOWN OF B.ARNSTABLE 32 Hemeon R���MA Q/n VA CA/W&M/LICENSE/PARK,/ORD VIOL Dear Mr. Geiler: ,... The Department of Environmental Protection Is'reviewmg ari application„for a proposed s alternative wastewater'treatment system at 32 Hemeon'`Rod in :`The a lication is for a proposed installation of a FAST,system As part of this review the Department issued a Technical Deficiency letter to the applicant on Decemb&3,'2003.'A copy of this letter was sent' to your office. As of this date the Department has not received a response to the Technical Deficiency letter. The Department's Southeast.Regional Office recently issued an approval of a Nitrogen Aggregation Plan for this project by letter dated January 5, 2005. As part of its review of the Provisional Use application still pending at this office a representative of the Department conducted a site visit at 32 Hemeon Road, Barnstable on January 11, 2005. This site visit revealed that the proposed subsurface sewage disposal system was installed and operating and the dwelling it served had been constructed. A subsequent review of the records for this facility at the Barnstable Health Department revealed that the subsurface sewage system designer,Daniel E. Braman, P.E., and system installer, Brian Kissling, signed off on the system installation on July 1, 2004 and that the town issued a Certificate of Compliance for the system on July 1, 2004. Please be advised that Disposal System Construction Permits,must not,be.issued.until the proposedsubsurface sewage,`dlsposal'systems plans and specifications meet the r'equirements,of Title 5, 310 CMRt15J0.00, and are approved as,requlred'under Trt1e,5 In this case, the,subsurface system'servirig the proposed construction-at 32 Hemeo Roa' in Barnstable.did not have the required Department approvals for Nitrogen Aggregation or Provisional Use of the FAST system on July 1, 2004, therefore the system did not comply with the requirements of Title 5. The This information is available in alternate format.Call Donald M.Gomes,ADA Coordinator at 617-556-1057.TDD Service-1-800-298-2207. DEP on the World Wide Web: http://www.mass.gov/dep i�a Printed on Recycled Paper ,r 32 Hemeon Road-Barnstable FAST P68 proposed/existing system still has not obtained the Provisional Use approval required for this location. Please be further advised that Title 5 at 310 CMR 15.021(3)requires the system designer and system installer to certify that the system has been constructed in compliance with Title 5. There was no documentation in the Town files that this was done by either party. The copy of the Certificate of Compliance in the Barnstable Health Department records indicates that neither the designer nor installer signed the Certificate. In light of the above,the Department is requiring of the system owner and designer submit modified plans for the system noting the.FAST system in the septic tank and a floor plan of the dwelling as previously required by the Department's Technical Deficiency letter dated December 3, 2003. Once the proper information is submitted the Department will issue its determination regarding the application review. Additionally, the Department is advising both the installer and designer to review the requirements of Title 5 regarding the proper procedures to be followed when designing and constructing Title 5 systems. The Barnstable Health Department should also review Title 5 and their procedures as they relate to Title 5 to insure Disposal System Construction Permits and Certificates of Compliance are properly completed and only issued when allowed under the Code. Should you have any questions regarding Title 5 please contact the Title 5 Section in the Department's Southeast Regional Office at 508-946-2700. Should you have an questions P g Y Yq s regarding this letter please contact Ron White at 617-292-5790. Cerely, David Ferris, Acting Director Watershed Permitting Program Cc: Weller& Associates, 1645 Falmouth Road Suite 4C, Centerville, MA 02632 DEP SERO Attn: Mr. Dudley TOWN OF BARNSTABLE LOCATION 3 Z YEA E- ) /'i oa _ _ SEWAGE # e 3- S VILLAGE H vAy.cti� T' ASSESSOR'S MAP & LOT INSTALLER'S NAME&PHONE NO. ISEPTIC TANK CAPACITY 1510 o A C id4►e-je OAT LEACHING FACILITY: (type) p/QPC,!sT 2-soo9,aLy &e) X r$ NO. OF BEDROOMS Z BUILDER OR OWNER — PERMITDATE. //— Z ir -� 03 COMPLIANCE DATE: — o Al Separation Distance Between the: Feet Maximum Adjusted Groundwater Table to the Bottom of Leaching Facility Private Water Supply WeU and Leaching Facility (If any wells exist Feet 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 I to ro N W O _I � � Yt � W Wes} ��o .�o a a %. % u• C o L. 0 A � 3 ' a � COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE 20 RIVERSIDE DRIVE, LAKEVILLE,MA 02347 508-946-2700 MITT ROMNEY Governor ELLEN ROY HERZFELDER KERRY HEALEY Secretary Lieutenant Governor ROBERT W.GOLLEDGE,Jr. Commissioner January 5, 2005 Thomas McKean RE: BARNSTABLE--Subsurface Sewage Barnstable Public Health Division Disposal-Proposed Nitrogen Loading P.O.Box 534 Aggregation Plan-310 CMR 15.000 Hyannis,Massachusetts 02601 Title 5 of The State Environmental r Code" for lot 30,32 Hemeon Road, and Hyannisport Transmittal#W055341 Thomas B. Powers P.O.Box 727 West Yarmouth,Massachusetts 02673 Dear Mr.McKean and Mr. Powers: The Southeast Regional Office of the Department of Environmental Protection has completed a review of the application for approval of a facility aggregate nitrogen loading plan for the above-referenced facility submitted in accordance with 310 CMR 15.216. The application included copies of the Grant of Title 5 Nitrogen Loading Restriction and Easement on Credit and Facility Land documents. In addition,the application included supporting calculations and plans. It is the opinion of the Department that the requirements for approval of the facility aggregate nitrogen-loading plan have been adequately addressed. The Department hereby approves the plan as proposed subject to the following conditions: 1. The dwelling located on the lot covered under the facility aggregate nitrogen-loading plan is'limited to the number of bedrooms noted in the Nitrogen Loading Restriction and Easement. 2. The credit land is restricted from further nitrogen loading in accordance with the Nitrogen Loading Restriction and Easement. 3. This approval shall not be construed to mean that the Department has approved any proposed subsurface sewage treatment and disposal system to service dwelling on this lot. Permitting of such system fall within the jurisdiction of the Barnstable Board of Health. This information is available in alternate format.Call Donald M.Gomes,ADA Coordinator at 617-556-1057.TDD Service-1-800-298-2207. DEP on the World Wide Web: http://www.mass.goV/dep Z� Printed on Recycled Paper In the event that a variance or any other review and approval of the proposed systems is required,the appropriate applications should be submitted to the Department after local review and approval. 4. Consistent with the terms of the Nitrogen Loading Restriction and Easement,the applicant(s)must file a certified Registry copy of both the Facility and Credit Land Nitrogen Loading Restriction and Easement, as well as the individual lot deed restrictions, with both the Barnstable Board of Health and the Department within thirty (30)days of recording. The issuance of this approval does not relieve the involved parties from complying with any applicable Massachusetts and local laws and regulations. If you have any questions,please contact Christos Dimisioris at (508) 946-2736. Very truly your , Brian A. Dudley Bureau of Resource Protection D/CD/ cc: William Weller Weller&Associates P.O. Box 417 Centerville,MA 02632 ecc: DEP-Boston Watershed Permitting Program, Title 5 Section DEP-SERO ATTN: Anne Bingham COMMONWEALTH OF MASSACHUSETTS ,8LE EXECUTIVE OFFICE OF ENVIRONMENTAL yA_FFAIRS 7s- DEPARTMENT OF ENVIRONMENTAL PROTECTION : ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 iC MITT ROMNEY Governor ELLEN ROY HERZFELDER Secretary KERRY HEALEY Lieutenant Governor ROBERT W.GOLLEDGE,Jr. Commissioner January 19, 2005 William G. Weller Weller&Associates Bayberry Square Suite 4C ' 1645 Falmouth Road P.O. Box 417 Centerville, MA 02632-0417 And Thomas B. Powers P.O. Box 727 West Yarmouth, MA 02673 Re: Installation of Alternative System for Provisional.Use Technology: FAST P68 ! 32 Hemeon Road, Barnstable,MA ; tj <Y'Y\ ' '9 6 Dear Mr. Weller and Mr. Powers: The Department of Environmental Protection issued a Technical Deficiency letter on December 3, 2003 regarding the application for a proposed installation of a FAST system at 32 Hemeon Road in the Town of Barnstable. As of this date the Department has not received'a response to the Technical Deficiency letter.;This-office recently received a copy of the Department's Southeast Regional Office approval of a Nitrogen Aggregation Plan for this project dated January 5, 2005. As part of its review of the Provisional Use application a representative of the Department conducted a site visit at 32 Hemeon Road,Barnstable on January 11, 2005. This site visit revealed that the proposed subsurface sewage disposal system was installed and operating and the dwelling it served had been constructed. A subsequent review of the records for this. facility at the Barnstable Board of Health revealed that the subsurface sewage system designer, Daniel E. Braman, P.E.; and system installer, Brian Kissling, signed off on the system installation on July 1, 2004. This information is available in alternate format.Call Donald M.Gomes,ADA Coordinator at 617-556-1057.TDD Service-1-800-298-2207. DEP on the World Wide Web: http://vvww.mass.gov/dep Zia Printed on Recycled Paper , i Please be advised that subsurface sewage disposal systems can not,be installed until they meet the requirements of Title 5, 310 CMR 15.000, and are approved as required under Title 5. In this case, the subsurface system serving the proposed construction at 32 Hemeon Road in Barnstable did not have the required Department approvals for Nitrogen Aggregation or Provisional Use of the FAST system on July 1, 2004, therefore the system did not comply with the requirements of Title 5. The proposed/existing system still has not obtained the Provisional Use approval required for this location. Please be further advised that Title 5 at 310 CMR 15.021(3) requires the system designer and system installer to certify that the system has been constructed in compliance with Title 5. There was no documentation in the Town files that this was done by either party. In light of the-above, the Department requires the submission of modified plans for the system noting the FAST system in the septic tank and a floor plan of the dwelling as previously required by the Department's Technical Deficiency letter dated December 3, 2003. This information is required to be submitted within 14 days of receipt of this letter. Additionally, the. Department advises both the installer and designer to review the requirements of Title 5 regarding the proper procedures to be followed when designing and constructing Title 5 systems. Should you have any questions regarding this matter please contact Ron White at 617- 292-5790. Sincerely, I'll Gvv``�c David Ferris, Acting Director Watershed Permitting Program Cc: Board of Health,Barnstable Daniel E. Braman, PE, c/o Welter&Associates Brian Kissling, 97 Town Brook Road, West Yarmouth,MA 02673 DEP SERO Attn: Mr. Dudley Massachusetts Division of Professional Licensure,,Board of Registration for Professional Engineers and Land Surveyors, 239 Causeway Street, Suite 500, Boston, MA 02114 7 ' r " Town o n of Barnstable anR�rsrn . Board of Health 200 Main Street,Hyannis MA 02601 . Office: 508-862-4644 Susan G.Rask,R.S. FAX: 508-790-6304 Sumner Kaufman,MSPH Wayne Miller,M.D. October 15, 2003 Mr. William Weller Weller and Associates P.O. Box 417 . ._ t. Centerville, MA 02632 RE 32 Hemeon Road; Hyannisport A= 268=090 . Dear Mr. Sullivan, You are granted permission on behalf of your client, Thomas Powers, to construct an onsite sewage disposal system which incorporates innovative/alternative technology at 32 Hemeon Road,Hyannisport. The permission is granted with the following conditions: (1) No more than two (2) bedrooms maximum are authorized at this property. Dens, study rooms, offices, finished attics, sleeping lofts, and similar-type rooms are considered "bedrooms" according to the MA Department of Environmental Protection. (2) The applicant shall record properly worded nitrogen loading restriction and credit land easement at the Barnstable County Registry of_Deeds, restricting the subject property to two (2) bedrooms maximum and benefiting from an easement of 1,005 square feet of land from the adjacent property at 54 Hemeon Road. A copy of the recorded nitrogen loading restriction and credit land easement shall be submitted to the Health Agent prior to obtaining a disposal works construction permit. (3) A properly worded nitrogen loading restriction and credit land easement at shall be recorded at the Barnstable County Registry of Deeds restricting the property at 54 Hemeon Road to three (3)bedrooms maxmaximum and to provide an easement-"of`1;005 square feet=of=land-torthe-owner of the adjacent property at 32 Hemeon Road. The easement shall run in perpetuity. A copy of the recorded nitrogen loading restriction and credit PowersHemeonRoad land easement shall be submitted to the Health Agent by the applicant prior to obtaining a disposal works construction permit. (4) The applicant shall submit a monitoring plan for the proposed innovative/alternative system which includes testing for TKN on a quarterly basis during the first two years of operation and once per year thereafter. (5) The septic system shall be installed in strict accordance with the engineered plans dated August 24, 2003. (6) The designing engineer shall supervise the construction of the onsite sewage disposal system and shall certify in writing to the Board of Health that the system was installed in substantial compliance with the submitted plans dated August 24, 2003. This permission is granted because State and local regulations allow for the construction of a two bedroom home on a parcel of this size with the construction and operation of an innovative/alternative nitrogen reduction system proposed and with the easement provided. Sinc ely yours Wayne tiller, M.D. , Chairm n Cc: Thomas Powers PowersHemeonRoad 1 JUL. 1.2003 1:32PM BAPHSTABLE BOARD OF HEALTH NO.664 P.2/2 4 DAT>'l FEE aye RSC. BY 'down of Barnstabl���, Board of Health 200 Main Street,Hyannis MA 02601 QH7oe: 504-142.4644 Susan O.Rank,K.s, FAX S09-790.6304 Sumner Kaufman,MAY.H. W yme A.14GIler,M.D. YA91aCE REQUEST FORM LOCATION 32 Property Address: ' A:tieaior's fKap">ind Parcel Nuffiber: z�o g —' 9� $iie'o�L,ot: �2 ��' Wetlands Within 300 FL 'Yes Business Nacre, No i'_ SubdividonNz=: CANT'S NAME: L:2� 70 E/zs phi 7 7S- 2y3lp Did the owner of the property authorize you to r%vesont him or her? Yes No OPERTY. 'S�A1ViE C�'�,�Q��QN Name. D �, CSLe1�/Z� Name: Address v s� 7 Z Address: -ORi `y Phone: So,53 "7 7�— Z5�3� - Phone: »—r— <=-2 I , YASUME FROMB&_Q ION 4At R%) REA10-bMR.VaRIANCE(May o mah If mom spaCt Aeeded) /2lXJ.�G oL A 2 /`Zcacss.9. NATIM OF WORK: House Addition C) House Renovation Ca Repair of Failed Sep*SYBWM G (to be eo►r�lrted by 4�mt,�petmrr.eoervbrg variance regaesr appltcagorl Fotu(4)topics"oxthe completed variance request loran Four(4)copisus of coglneerad plan submitted 0-S.ROD rOM pleas) Paur(4)copies oflabded dintepdand floor plans submitted(e.g.house plans or restaurant kitchen plans) signed letter stating that the property owner authorised you to mpro9ent bim/her tar this request Appllesat t%derstands dug the abutters must be rotund by certified mail at ltasttea days prior to mactiiag dote at applicant's expea9e (for Title V andtor local sewage tegulatioa Ysrtaaoes oNy) Full menu submitted(for grease trap variance requests only) Votisaee request ap¢iufoa at coltetxed (no fee fbr lilbsuard nyWiflcation renewals, grease trap variance reuvvels [same owner/lpsee Wyl,ouW a dining varispoe renewals Game owuer/leasoa only],cad variances to repair tailed sewage disposal systems (only tt no eacpowien tD tite building ptoposedl) _ Valance request F*M tted at logo'is days pilot to meeting dare VARUNCB APPROVED Susan O.Rask,li,E.,Chairmen NOT APMVED Sumaet XouOW,K6,P,K REASON?OR DfWPROVAL Wayne A Miller,M.D. Qs�HSATlrH\tipglioat:iar► >rorma�VARtR8Q.1)OC Weller & Associates Bayberry Square — Suite 4C 1645 Falmouth Rd. --- P.O. Box 417 Centerville, MA 02632-0417 August 24, 2003 To: Town of Barnstable Board of Health From: William G. Weller Re: Thomas Powers, 32 Hemeon Dr., Hyannisport Dear Board Members: Would please place us on the agenda of your September 4, 2003 Board of Health meeting, to discuss the proposed use of an I/A system (MicroFast) for the above referenced property. Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to contact us. i Fax: (508)775-0754 Phone(508)775-0735 fmow: Notice to.Abutters Re: 32 Hemeon Rd., Hyannisport Dear abutter: A public hearing has been scheduled for the Barnstable Board of Health to take action on an application for variances from the regulations of the Mass. Department of Environmental Protection, and/or the Town of Barnstable Regulations for Subsurface Disposal of Sewage. The applicant, Thomas Powers, requests a variance to construct a two bedroom dwelling with a proposed UA system (MicroFast) within a GP District on a lot containing 12,916 sq. ft., along with an easement containing 1005 sq. ft., from an abutting lot. Said hearing will be held in the basement conference room at the School Administration Building, 230 South St., Hyannis, on October 14, 2003 at 7:00 p.m. f The application and plans are available for review at the Barnstable Health Dept., 200 Main St., Hyannis, Monday through Friday, from 8:30 a.m. to 4:30 p.m. Sincerely, WELLER 1645 Falmouth Rd. - Suite 4C PO Box 417 Centerville, MA 02632 13 Leo A-he n ��►� : . vx L� t )AA =.Job too- Our-) TO,--,-) �-►� (� (5ZLc-) Ian To,�Z p 4?6k -5rlts , Ml� 0ZC.c JUL. 1.2003 1:32PN BAPHSTABLE R)ARD OF HEALTH NO.664 P.2%2 DATE i t#AAYr?PA1LtL. Town of BarnstablP.... DJ�x t Board of Health 200 Main Street,Hyannis MA 02601 OfFice: $09462-4644 Susan 0.Raok,R.S. FAX $08.790.6304 Sumner Knuftnan,M.S.P.H. Wayne A Miller,M.D. YAUA_NCE REQUEST FORM CATI Property Address: 2 Assessor's fKap and Parcel Number: 2�8" la ' $itie'oi"Lot: Z Watlaads Within 300 Ft. Yes $ttaiaesa Name; No_� Subdivision Naw: A&P &W,ANT'S NAME:_ .mot ��wE/Z-� Phone -5c>f ?25 zY�fy Did the owner of the property authorize you to raMsont him or heft Yes J/ No PROPERTY-QW.N�'8 NAME �ON'1`ACTg�PER30N Name:/ b�,srs W "Tzs Natna: ry LLB Zia Address [� O 2Z? Gam• O,-0 Addrea® Phone: Phone: YARIAME FR0Nj=j=LQN Va atee) REA DE&,FOR VARIANCE(May etwh if morn space needed) Gc9 r5 ec s�ihU'y �� NATURE OF WORK: House Addition d House Renovation ca Repair of Failed Septic System G (to be vonwkled by gffioe trgff peP&M reeefvNtg variance regaeu appJtoariwt) Fonr(4)copieaofthe completedvulance requestfotca Four(4)copioo of engineered plaa enbmitW(e.g.NO*system plena) Four(4)oopiw of iWed dinteatdand floor plants submitted(e.g.house plans or restaurant kitchen pans) Signed letter stodag War the property owner authorized you to reproseat hinallter for this request Applicant uudersunds that the abutters must be notified by certified mail at leasttoa days prior to tiag due at applicant's acpcnse (fbr Tide V and/or leoal towage regulation Yofteas only) _ Full menu submitted(ftr grease trap variance requests uM Vuianes ml aat applusd►on fbo collected (no to for litbguard nwdlfication renewals, grease trap variance mnewels [same ow erlleasee only],outside dining variance renewals eats owaerAenoo(y ortlyl,and variances to rcpalr tailed sewage disposal systems (only le no expansion tD the buildWS proposed)) _ Variance stgnett submitted at least 15 days prior to meeting dose VARL ACE APPROVED Susan 0.Risk,RS,CSaWnan NOT APMVSD Sttmn«Xntt�aen,M,B.P,H, R5ASON FOR DISAPPROVAL Wayne A Muter,M.D. qo\xsnrrrtt\Appliaat:irort 8orma\VARIR8Q.170C _ 1 f Aug. 19 , 2003 1 ; 39PM No 4424 P, 2 COMMONWEALTH OF MASSACHUSETTS 9 EXECUTIVE OFFICE OF ENVIRONMENTAL AF AIRS � 1,liGff nfi 7z,..._.,.._ DEPARTMENT OF ENVIRONMENTAL PROTECTION" '' ONE WINTER STREET, BOSTON, NIA.02108 617-292•5500 ARGEO PAUL CELLUCCI BOB DURAND Governor Secretary JA,NE SWIFT DAV'ID B.STRUHS Lieuteannt Governor Commie®toner January 12, 1999, BY FAX 781/585-5520 AND FIRST CLASS MAIL '' I ->.'.�„�,f Alan Vautrinot 1 Vautrinot Land Surveying t 1' P.O.Box 114 Plympton,MA 02367 �.c'r� —•.�, !I . sCi�;r`J.taC i Re: Title 5 interpretation Dear Mr.Vautrinot: This letter responds to your inquiry concerning the application of Title 5,310 C%iR 15.000, to certain property in the town of Hanson. Specifically,you have asked whether you may include the-area of an adjacent private way in calculating lot size to satisfy the 440 gallons per day per acre standard of 310 CMR 15.214,where your client may own a fee interest to the centerline of the way. After reviewing our regulations,pertinent statutes,and case law,the Department concludes that for purposes of calculating lot size to determine compliance with the 440 standard of Title 5,measurement should be from the side line of the abutting way. It is a well established convention that,"in the absence of a clear showing of contrary intent, a measurement given from a stream or public or private way shall be presumed to begin at the side line of that stream or way."Smith v.Haddad,366 Mass. 106(1974), This rule holds true even where a parry is presumed to own the fee interest to the center line of an adjacent way. Id. The rationale for this rule,in part,has been that the property right in the land underlying of the way is"effectively useless",except as a traveled way,to the abutting owner unless the way is abandoned. ld. I recognize that this position may not be consistent with a prior interpretation you have received from the Southeast Regional Office. However,after more extensive consideration of this issue, and building on our experience. implementing the 1995 revisions to Title 5 over the past four years,the Department now adopts this revised interpretation. Please contact me if I can be a further assistance in this matter. Ve 't ly yours, elyheron M.Pelosi Senior Counsel cc: Hanson Board of Health Marcia Sherman,DEP BRP Anne Bingham, OGC SERO ihil Information is available in alternate format by calling cur ADA Coordinator at(617)$7.1-6872. DEP on the World Wide Web: http:/lv ww.megnei.atatm.ma.us/dep `I Printmd on Recycled Paper J Upon recording,mail to: Bureau of Resource Protection,Wastewater Management Department of Environmental Protection 20 Riverside Drive Lakeville, MA 02347 v GRANT OF TITLE 5 NITROGEN LOADING RESTRICTION AND EASEMENT ON NITROGEN CREDIT LAND (where Grantee seeks nitrogen credit land from third party Grantor) 310 CMR 15.216 This GRANT OF TITLE 5 Nitrogen Loading Restriction AND EASEMENT on Nitrogen Credit Land made as of this day of October, 2003, by Channel Point Realty, Inc., a corporation duly established under the laws of the Commonwealth of Massachusetts, of West Yarmouth, Barnstable County, Massachusetts ("Grantor"). WITNESSETH WHEREAS, Grantor being the owner in fee simple of that certain parcel of land located in Barnstable (Hyannisport), Barnstable County, Massachusetts, with the buildings and improvements thereon, pursuant to a deed from Christopher J. Lyons and Jeanne J. Delisle to Grantor, dated March 14, 2003, and recorded with Barnstable County Registry of Deeds in Book 16745, Page 288, said parcel(s) of land being more particularly bounded and described in Exhibit A, attached hereto and made a part hereof, and being shown on a plan entitled, "Resubdivision of Lots #23, 24, 28 & 32 in Hemon Subdivision Hyannisport, Mass. Scale 1" = 40' Date: Nov. 1959"", recorded with Barnstable County Registry of Deeds in Plan Book 155,Page 43 ('Property"); and WHEREAS, Thomas B. Powers, of 32 Hemeon Road, Barnstable (Hyannisport) Barnstable County, Massachusetts, ("Grantee of the Benefited Property") being the owner in fee simple of that certain parcel of vacant land located in Barnstable (Hyannisport), Barnstable County, Massachusetts, pursuant to a deed from John A. Byrne and Marilyn Anne Byrne to Grantor, dated June 9, 2003, and recorded with Barnstable County Registry of Deeds in Book 17060, Page 73, said parcel of land being more particularly bounded and described in Exhibit B, attached hereto and made a part hereof, and being shown on a plan entitled, "Hemeon Development Hyannisport Cape Cod, Mass. Bearse &Kellogg Engineers"recorded with Barnstable County Registry of Deeds in Plan Book 85, Page 105 ("Benefited Property"); and WHEREAS, the Benefited Property has the benefit of a Nitrogen Loading Restriction and Easement, being more particularly bounded and described in, a Grant of Title 5 Nitrogen Loading Restriction and Easement on Facility Land, recorded with the Barnstable County Registry of Deeds to be recorded herewith] ("Facility Land Restriction and Easement"); and WHEREAS, the Nitrogen Loading Facility Aggregation Plan has been approved by the Town of Barnstable Board of Health and, if required, the Department of Environmental Protection ["DEP" or "Department"] in accordance with the Department's "Guidelines for Title 5 Aggregation of Plans and Nitrogen Loading;" said approval being based upon the agreement by Grantor to incur certain obligations regarding the number of bedrooms, as defined in 310 CMR 15.002, and/or the wastewater discharge design flow in any improvements located on the Property and maintenance of the Facility Land Restriction and Easement to ensure protection of the nitrogen loading limitation of 440 gpd/acre discharge standard pursuant to 310 CMR 15.214 in nitrogen-sensitive areas or in areas serving new construction where the residential use of both on-site systems and drinking water supply wells are proposed; and to grant to the Grantee of the Benefited Property and to the municipality acting by and through the Local Approving Authority a perpetual easement to ensure maintenance of the Property as nitrogen credit land including, but not limited to, removal of any prohibited uses and in connection herewith a perpetual easement to pass and repass over the Property for purposes of inspection to ensure compliance with and fulfillment of the terms of this Nitrogen Credit Land Restriction/Easement as hereafter set forth; NOW, THEREFORE, pursuant to the provisions of 310 CMR 15.216, Grantor does hereby GRANT to the Grantee of the Benefited Property and to the Town of Barnstable, a Massachusetts municipal corporation situated in Barnstable County, having an address at 367 Main Street, Hyannis, Massachusetts, acting by and through its Board of Health for nominal, non-monetary consideration, with QUITCLAIM COVENANTS, a TITLE 5 NITROGEN LOADING RESTRICTION AND EASEMENT on NITROGEN CREDIT LAND ("Nitrogen Credit Land Restriction/Easement") consisting of approximately 1005 square feet in, on, upon, through, over and under the Property, the terms and conditions of which are as follows: PURPOSE: The purpose of this restriction and easement is to protect and preserve the quality and quantity of ground water resources in the area of the public and private wells in the Town of Barnstable, Massachusetts in order to ensure a safe and healthy public and private water supply for the present and future inhabitants of the area It shall also be for the specific purpose of limiting the introduction of nitrogen and other pollutants into, and maintaining the natural uptake of pollutants and the recharge of the ground water which takes place on the Property for the said water supply and for the specific benefit of the above referenced Benefited Property. OBLIGATIONS AND EASEMENT: 1. Prohibitions. Grantor agrees to maintain the Property as nitrogen credit land by prohibiting activities which have a detrimental effect on nitrogen loading on the Property, including but not limited to wastewater discharges, the use of nitrogen fertilizer, the introduction of artificial impervious surfaces, the raising, breeding or keeping of animals, livestock or poultry for commercial purposes, and the creation or introduction of land under water. A change in the condition of the Property which results in the Property or a portion thereof being within a Velocity Zone or a Regulatory Floodway will render the Property or said portion thereof ineligible for nitrogen credit pursuant to 310 CMR 15.216. 2. Easements. In creating this Nitrogen Credit Land Restriction and Easement, Grantor hereby grants to the Grantee of the Benefited Property and to the Local Approving Authority, its agents, contractors, subcontractors and employees a perpetual EASEMENT to enter upon and the right to bring equipment onto the Property to do any and all acts deemed necessary to maintain the Property as nitrogen credit land, together with a right to pass and repass by foot and by vehicle over Property for said purposes, and for purposes of inspecting the Property to ensure compliance with and fulfillment of the terms of this Nitrogen Credit Land Restriction/Easement. 3. Severability. If any court or other tribunal determines that any provision of this. instrument is invalid or unenforceable, such provision shall be deemed to have been modified automatically to conform to the requirements for validity and enforceability as determined by such court or tribunal. In the event the provision invalidated is of such a nature that it cannot be so modified, the provision shall be deemed deleted from this instrument as though it had never been included herein. In either case, the remaining provisions of this instrument shall remain in full force and effect. 4. Enforcement. Grantor expressly acknowledges that a violation of the terms of this instrument could result in the following: (i) upon determination by a court of competent jurisdiction, in the issuance of criminal and civil penalties, and/or equitable remedies, including, but not limited to, injunctive relief, such injunctive relief could include the issuance of an order to modify or remove any improvements constructed upon the Property in violation of the terms of this Nitrogen Credit Land Restriction/Easement; and (ii) in the assessment of penalties and enforcement action by the Local Approving Authority and DEP to enforce the terms of this Nitrogen Credit Land Restriction/Easement, pursuant to Title 5; M.G.L. c.11l, §§ 17, 31, 122, 124, 125, 125A, 127A through 1270, and 129; and M.G.L. c.83, §11. 5. Provisions to Run with the Land. This Nitrogen Credit Land Restriction/Easement sets forth the rights, liabilities, agreements and obligations upon and subject to which the Property or any portion thereof, shall be left unimproved or according to which said Property may be improved, held, used, occupied, leased, sold, hypothecated, encumbered, or conveyed. The rights, liabilities, agreements and obligations herein set forth shall run with the Property and the Benefited Property, as applicable thereto, and any portion thereof and shall inure to the benefit of and be binding upon Grantor, Grantee of the Benefited Property, and all parties claiming by, through or under the Local Approving Authority or Grantor. The rights hereby granted to the Grantee of the Benefited Property, the Local Approving Authority to enforce this Nitrogen Credit Land Restriction/Easement and Grantor hereby covenants for himself/herself/itself and his/her/its executors, administrators, heirs, successors and assigns, to stand seized and hold title to the Property, as applicable thereto, and any portion thereof, subject to this Nitrogen Credit Land Restriction/Easement, provided, however,that a violation of this Nitrogen Credit Land Restriction/Easement shall not result in a forfeiture or reversion of Grantor's title to the Property, as applicable thereto. 6. Concurrence Presumed. It being agreed that Grantor and all parties claiming by, through or under Grantor shall be deemed to be in accord with the provisions herein set forth and to agree for and among themselves and any party claiming by, through or under them, and their respective agents, contractors, sub-contractors and employees, that the Nitrogen Credit Land Restriction/Easement herein established shall be adhered to and not violated and that their respective interests in the Property and the Nitrogen Credit Land Restriction and Easement, as applicable thereto, shall be subject to the provisions herein set forth. 7. Incorporation into Deeds, Mortgages, leases and Instruments of Transfer. Grantor hereby agrees to incorporate this Nitrogen Credit Land Restriction/Easement, in full or by reference, into all deeds, easements, mortgages, leases, licenses, occupancy agreements or any other instrument of transfer by which an interest in and/or a right to use the Property,or any portion thereof, is conveyed. 8. Recordation. Grantor shall record and/or register this Nitrogen Credit Land Restriction/Easement with the appropriate Registry of Deeds and/or Land Registration Office within 30 days of the latter of receipt from the Local Approving Authority of the approved Restriction/Easement or the expiration of the 60-day DEP constructive approval period pursuant to 310 CMR 15.216. Grantor shall file with the Local Approving Authority and the DEP a certified Registry copy of this Nitrogen Credit Land Restriction/Easement as recorded and/or registered within 30 days of its date of recordation and/or registration. 9. Amendment and Release. This Nitrogen Credit Land Restriction/Easement may be amended or released only upon approval by the Local Approving Authority. Release of this Nitrogen Credit Land Restriction/Easement shall be granted by the Local Approving Authority in the event the Benefited Property is connected to a municipal sewer system and the septic system serving the Benefited Property is abandoned in accordance with 310 CMR 15.354 or the Benefited Property is no longer located within a nitrogen sensitive area pursuant to 310 CMR 15.215. Any such amendment or release shall be recorded and/or registered with the appropriate Registry of Deeds and/or Land Registration Office and a certified Registry copy of said amendment or release shall be filed with the Local Approving Authority and the DEP within 30 days of its date of recordation and/or registration. 10. Term. This Nitrogen Credit Land Restriction/Easement shall run in perpetuity and is intended to conform to M.G.L. c.184, §26,as amended. 11. Rights Reserved. This Nitrogen Credit Land Restriction/Easement is granted to the Grantee of the Benefited Property and the Local Approving Authority in connection with the approval of a Nitrogen Loading Facility Aggregation Plan pursuant to 310 CMR 15.216 and the Department's "Guidelines for Title 5 Aggregation of Flows and Nitrogen Loading." It is expressly agreed that acceptance of the Nitrogen Credit Land Restriction/Easement by the Local Approving Authority [or constructive approval of the Nitrogen Loading Facility Aggregation Plan by the Department of Environmental Protection] shall not operate to bar, diminish, or in any way affect any legal or equitable right of the Local Approving Authority or DEP to issue any future order with respect to the Property and the Benefited Property, as applicable thereto, or in any way affect any other claim, action, suit, cause of action, or demand which the Local Approving Authority or DEP may have with respect thereto. Nor shall acceptance of Nitrogen Credit Land Restriction/Easement serve to impose any obligations, liabilities, or any other duties upon the Local Approving Authority. 12. Effective Date. This Nitrogen Credit Land Restriction/Easement shall become effective upon its recordation and/or registration with the appropriate Registry of Deeds and/or Land Registration Office. WITNESS the execution hereof under seal this day of October,2003. Channel Point Realty, Inc. By: Thomas B. Powers,President Grantor COMMONWEALTH OF MASSACHUSETTS Barnstable County,§§ ' October , 2003 Then personally appeared the above-named Thomas B. Powers, President, Channel Point Realty, Inc. and acknowledged the foregoing instrument to be its free act and deed before me. Notary Public: My commission expires: i The Town of Barnstable Board of Health hereby approves and accepts this Grant of Title 5 Nitrogen Loading Restriction and Easement on Nitrogen Credit Land. Barnstable Board of Health Date: GRANT OF TITLE 5 NITROGEN LOADING RESTRICTION AND EASEMENT ON NITROGEN CREDIT LAND EXHIBIT A the land in Barnstable (Hyannisport), Barnstable County, Massachusetts, being known and designated as Lots 24C (twenty-four C), 24D (twenty-four D) and 28C (twenty-eight C) as shown on a plan entitled "Resubdivison of Lots #23, 24, 28 & 32 in Hemeon Subdivision Hyannisport,Mass. Scale 1" =40'Date: Nov. 1959"recorded in Barnstable County Registry of Deeds, Book of Plans 155, Page 43, said lots, taken together, being more particularly bounded and described in one parcel as follows: NORTHERLY by land now or formerly of Esther C.Peterson,eighty-five(85)feet; EASTERLY by land now or formerly of Nelson G. Marchant, three hundred twenty- seven and 02/100(327.02)feet; SOUTHERLY by Lot #30 (thirty), as shown on said plan, one hundred and 94/100 (100.94)feet;and WESTERLY by the Easterly sideline of Hemeon Road, three hundred forty-two (342) feet. Together with a right of way over all the ways shown on plan of "Hemeon Development" recorded in Book of Plans 85,Page 105,in common with all others entitled thereto. PROPERTY ADDRESS: 54 Hemeon Road,Hyannis,Massachusetts C . f GRANT OF TITLE 5 NITROGEN LOADING RESTRICTION AND EASEMENT ON NITROGEN CREDIT LAND EXHIBIT B A certain lot of land located in Hyannis,Barnstable County,Massachusetts,being shown as Lot 30 on a plan of land entitled"Hemeon Development Hyanmsport Cape Cod,Mass. Bearse& Kellogg Engineers",which plan is recorded with the Barnstable County Registry of Deeds in Plan Book 85,Page 105,and described as follows: Starting at a point on Hemeon Road,running easterly one hundred and 94/100(100.94)feet to a point,thence running southerly one hundred thirty-two and 12/100(132,12)feet to a point,thence running westerly ninety-six and 22/100(96.22)feet to Hemeon Road,thence running northerly on Hemeon Road one hundred thirty(130)feet. Being Lot#30 on Hemeon Road in the Hy-Craig Development in said West Hyanni sport. The street address of the premises herein conveyed is:32 Hemeon Road,Hyannis,MA 02601. Bk 16745 PS288 45175 04-14-2003 8 03:59P QUITCLAIM DEED We, CHRISTOPHER J. LYONS of Wethersfield, Connecticut and JEANNE J. DELISLE of Cromwell,Connecticut for consideration paid of One Hundred Sixty Two Thousand($162,000.00)Dollars grant to CHANNEL POINT REALTY,INC.,a Massachusetts Corporation with an address of P.O.Box 722, West Yarmouth,Massachusetts 02673 with quitclaim covenants the land in Barnstable (Hyannisport), Barnstable County, Massachusetts, being known and designated as Lots 24C (twenty-four C), 24D (twenty-four D) and 28C (twenty-eight C) as shown on a plan entitled "Resubdivison of Lots #23, 24, 28 & 32 in Hemeon Subdivision Hyannisport, Mass. Scale V =40'Date: Nov. 1959"recorded in Barnstable County Registry of Deeds, Book of Plans 155, Page 43, said lots, taken together, being more particularly bounded and described in one parcel as follows: NORTHERLY by land now or formerly of Esther C.Peterson,eighty-five(85)feet; EASTERLY by land now or formerly of Nelson G. Marchant, three hundred twenty- seven and 02/100(327.02)feet; SOUTHERLY by Lot ##30 (thirty), as shown on said plan, one hundred and 94/100 (100.94)feet;and WESTERLY by the Easterly sideline of Hemeon Road, three hundred forty-two (342) feet. Together with a right of way over all the ways shown on plan of "Hemeon Development" recorded in Book of Plans 85,Page 105, in common with all others entitled thereto. PROPERTY ADDRESS: 54 Hemeon Road,Hyannis,Massachusetts For title see deed dated January 16, 2003, recorded with Barnstable County Registry of Deeds at Book 16324,Page 210. PETER L.O'KEEFF£.P.C. /� O O Id W i O•. •T. :7•. O: .- ATTORNEY AT LAW Wj W .J z C -5 M m I"' �C, L• -r_. r+j - I t3 2 407 NORTH STREET aW rl CO 1 lir fF.r :fl. HYANNIS,MASS.026D1 0 0 //(�� 1p i GQ ?- W I�}5�,�f(�' TELEPHONE(508)775-7339 ��,j]VV�/ y� � W4 LYE, _ I ?C � jli � s.w W ri � -� a Li /cn 1 — L Bk 16745 Ps289 'W45175 Witness our hands and seals this day of 2003 e Christopher J. tyo US Yeanne I De Christopher L, I V, STATE OF CONNECTICUT County: + fill2003 Then personally appeared th'e above-named Christopher J. Lyons and aqj�n the foregoing instrument to be his free act and deed before me, T EPHANIE FANELLI .4 111;0.TAIRY PUBLIC Notary Public My Commission Expiiqs4 seal STATE OF CONNECTICUT County: 2003 Then personally appeared the above-named Jeanne J. Delisle and acknowledged the foregoing instrument to be her free act and deed before me, PH'ANIE FANELLI Notary Public PTIBLIC 31,M My Commissioned seal & C ............. PETER L.O'KEEFFE,P.C. ATTORNEY AT LAW 407 NORTH STREET HYANNIS.MASS.02601 TELEPHONE(508)775-7339 BARNSTABLE REGISTRY OF DEEDS r` OFFICIAL . m ' Postage $ .sJ p Certified Fee 2i '0263<' /�_ �r Return Reciept Fee Postmarks (Endorsement Required) e 250 Here CF t 0 Restricted Delivery Fee Q GQ Q (Endorsement Required) ni Total Postage 4 Fees I'U C3 s -John Byrne r- 104 Old Town Rd. ------------- St Or Hyannis,MA 02601 _______ -__ ci IM Certified Mail Provides: zest w Zo 5soi (es-ea)Zooz eunr goose-o.A sd ■ A mailing receipt , „ a A unique Identifier for your mailpiece e A record of delivery kept by the Postal Service for two years important Reminders: o Certified Mail may ONLY be combined with First-Class Mails or Priority Mails. o Certified Mail Is not available for any class of international mail. n NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. e For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811 to the article and add applicable postage to cover the fee.Endorse mailpiece'Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. Ir For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted-Delivery. _ n If a postmark on the Certified Mail receipt is desired,please present the artl- cleat the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an In ' Internet access to delivery information is not available on mail addressed to APOs and Ms. I SENDER: COMPLETE THIS SECTION I COMPLETE THIS SECTION,ON DELIVERY Complete items 1,2,and 3.Also complete A. ' at re L— item 4 if Restricted Delivery is desired. f ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. eceived by(P' ted Name)/ C. Date of�Delivery ■ Attach this card to the back of the mailpiece, -Q Ib f or on the front if space permits. �6 D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below:. ❑No A 60� I I � 11 John Byrne 104 Old Town Rd. cn "O N Hyannis,M* A 02601 2 sere e Type r �d� co Certified Mail ❑Express Mail 4 y ❑ Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7002 2030 0006 q-U4 5475 (transfer from service label) _ PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE -w First-Class Mail Postage&Fees Paid LISPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • WELLER 1645 Falmouth Rd. - Suite 4+ PO Box 417 Centerville, MA 02632 I I I I Iln ii a m Postage $ i p Certlfled Fee 3 C� ��� C3 Postmark p Return Reclept Fee (Endorsement Required) C3 Restricted Delivery Fee M (Endorsement Required) ru Total Pnstane.8_Fees-, ru C3 Igent i M*-Alice&Bert Pereira t o `rsreer, 8 1 Melboune Rd. ---------- or PO,Hyannis, 02601 6 Certified Mail Provides: Z69 VVY-M-9693Mle�eAea)Zooaeu�r'oose-ozisd n A mailing receipt � o A unique Identifier for your mailpiece a A record of delivery kept by the Postal Service for two years Important Reminders: a Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail®. o Certified Mail is not available for any class of international mail. c NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. 1. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt.Requested".To receive a fee waiver for a duplicate return receipt,a USPSe postmark on your Certified Mail receipt is required. , n For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". _ o If a postmark on the Certified Mail receipt is desired, lease present the arti- cle at the post office for postmarking. If a postmar�C on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when makipg'ao inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items.1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. /�, �❑Agent ■ Print your name and address on the reverse ��f/r O Addressee so that we can return the card to you. B. Re66ived by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address e ? ❑Yes 1. Article Addressed to: If YES,enter de a address bel ❑No :Mary-AliceA Bert Pereira o :81 MelbourneRd. Hyannis,MA 02601 3. Serv' a Type -. dp Certified Mail ❑Express Mail ❑ Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Transfer from service -7 0 0 2 .,2 0 3 0 0 0 0 6,3 514 5.468 . - PS Form 3811,August 2001 Domestic Return Receipt 10259e-02-M-1540 I UNITED STATES POSTAL SERVICE .;_ Rrsx:Class Mail Postage&Fees Paid USPS Permit No.G-10 I I • Sender: Please print your name, address, and ZIP+4 in this box • I I I WELLER 1645 Falmouth Rd. - Suite 4C I PO Box 417 j Centerville, MA 02632 lilt!tti-Ifffllt,lf11i fill lilt 111111.11!fill "Ill 11 H nj D &� . .o .. . rq "' Ln M Postage $ Certified Fee �19q Qhrkk O Return Reciept Fee Po �' (Endorsement Required) 1/ 7 ��' nOre r-3 Restricted Delivery Fee Q y a (Endorsement Required) ru T rotal Postage_&_Fees__$_ c� Y�-Z•,.,�, fJ� ru O SE' `~ a Alex&Elaine Sok_aris or 13 Tinner Place P, Albany NY 12209 ' Z@9 L W ZO 56SZOl Certified Mail Provides: ilasjeneal ZooZe�n o A mailing receipt f'OOQE wiod Sd o A unique identifier for your mailpiece o A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mail®or Priority Mall®. is Certified Mail is not available for any class of international mail. m NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. n For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipf.is required. a For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement'Restricted-Delivery'. _ o If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label w_rth postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. CeMPLfiXE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature �J item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse v ❑Addressee so that we Can return the Card to you. B. Received by(Printed Name) Cc.�Date of Delivery ■ Attach this card to the back of the mailpiece, Name), 2 3 ill or on the front if space permits. MD. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No . I Alex'&-Elaine Sokaris 13 Turner Place Albany,NY 12209 3. Se ce Type 17 Certified Mail ❑Express Mail ❑ Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7002 2030 0006 3514 5482 (transfer from service aea PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid LISPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • WELLER M 1645 Falmouth Rd. - Suite I PO Box 417 Centerville, MA 02632 I I I 11 11 t ! tt 11 11 1 I �{{aaaasaa{a{{araa{{aaa{a{1{taar{aa{saa�{1aaalsall{{aa#{Ita.a�{ p ,i'V,1M1 , ., • Er Er n rl L1'! m Postage. $ 0263 ,E C3Certified Fee �c� N C3ReturnReciept Fee Postm$rk (Endorsement Required) Q Here ' C3 Restricted Delivery Fee d (Endorsement Required)rLi Total Postage&Fees p —gent, o I Leo Ahern,Jr. II ork 18 Henteon Rd. I or Pl ch! Hyannis,MA 02601 4---------- Certified Mail Provides: Z69t-114-Zo-5653ot. o A mailing receipt (es�aned)ZopZ aunt'oose mod Sd o A unique identifier for your mailpiece o A record of delivery kept by the Postal Service for two years Important Reminders: e Certified Mail may ONLY be combined with First-Class Mali®or Priority Mail®. o Certified Mail Is not available for any class of international mail. e NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. a For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return' Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a LISPS®postmark on your Certified Mail receipt.is required. 4. o For an additional fee, delivery may be restricted to the addressee'or addressee's authorized agent.Advise the clerk or mark the mailpieoe with the endorsement"Restricted Delivery". o If a postmark on the Certified Mail receipt is desired,pplease present the arti- cle at the post office for postmarking. If a postmarK on the Certified Mail receipt is not needed,detach and affix label w_ith postage and mail. IMPORTANT:Save this receipt and present It when making an inquiry. Internet access to delivery Information is not available on mail addressed to APOs and FPOs. Weller & Associates P.O. Box 41.7 - _ t Ij Centerville MA 02632 � d ,- o" '`R T MU SEP 20.?03 70222030 020.6 3514 5499�� cos*n�sF���F N AMOUNT _. 0000 0008 R Leo Ahern, Jr. r _— 18 He meon Rd. {;Hyannis,MA 02601 t- O W F T S 1 N UC p q0 S V Oiys�FFc��Tq�Oq �N Fp OpgFSS G�� � '"bN�TF O n i COMPLETE •N COMPLETE THIS SECTIONON-DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature I item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee i P i so that we can return the card to you. B. Received by(Printed Ni C. Date of Delivery ■ Attach this card to the back of the mailpiece, I , or on the front if space permits. I 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes I If YES,enter delivery address below: ❑ No Leo Ahern, Jr. 18 Hemeon Rd. / I Hyannis,MA 02601 3. servi Type / II ertified Mail ❑ Express Mail I /// ❑ Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. I 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number }} f (Transfer from service label) 7002 . 2 0 3 0 0:0 0 6 3 514`'5`4 9j'9 I PS Form 3811,Au, ust 2001 Domestic Return Receipt I 9 P U. 102595-02-M-1540I ' Notice to Abutters Re: 32 Hemeon Rd.,Hyannisport Dear abutter: A public hearing has been scheduled for the Barnstable Board of Health to take action on an application for variances from the regulations of the Mass. Department of Environmental Protection, and/or the Town of Barnstable Regulations for Subsurface Disposal of Sewage. The applicant, Thomas Powers, requests a variance to construct a two bedroom dwelling with a proposed UA system(MicroFast) within a GP District on a lot containing 12,916 sq. ft., along with an easement containing 1005 sq. ft., from an abutting lot. Said hearing will be held in the basement conference room at the School Administration Building, 230 South St., Hyannis, on October 14, 2003 at 7:00 p.m. The application and plans are available for review at the Barnstable Health Dept., 200 Main St., Hyannis, Monday through Friday, from 8:30 a.m. to 4:30 p.m. Sincerely, y,::—Tj'13'S .YJ.�if Jti �p �- d `�.� ..1�. r� •YY }�i .��D r •.T17 - WELLER 1645 Falmouth Rd. - Suite 4C PO Box 417 Centerville, MA 02632 A DECK 10'xlo' ix4 MAHOGANY DECKING 3 —O" " u n 0 m o aO AT _. _ • DINING © q 468 O - I • _� 6 ' t0 2 6 4x6 SOLID—TYP. ' WBx28 FLUSH FR. — -— 42" WALL ABOVE w/WOOD CAP = BRICK F/P w/FLUSH ` HEARTH ---- " X W8x28 FLUSH FR. LIVING RM �_- _� ABOVE KITCHEN i 3 68 DECK 1x4 MAHOG NY DECKING 36" RAILI G „ (--'�FIRST FLOOR PLAN SCA�E:1/4"=1'-0" SIZE FSCM ND. DWG ND, pEy SCN.E:AS SHOWN SHEET J 0'6 o D 00 6 B I I J2 246B 2 6 6 8 = 6° _ 11 266' ISH d ROD DN. TYF. .` 11- -----�.. LINEN 4 -- (5 SHELVES) © o BEDROOM AILING BEDROOM I TO ELON LL I I © i© � tY O i n � i n — WINDOW SCHEDULE � SECOND FLOOR PLAN SYM. MANUFACTURER'S UNIT ROUGH OPENING REMARKS A ANDERSEN TW2442-2 4'-11 15/16"x4'-5 1/4" B ANDERSEN CN135-3 5'-2 1/4"x3'-5 3/8" C ANDERSEN TW2442 2'-6 1/8"x4'-5 1/4" D ANDERSEN TW24310 2'-6 1/8"x3'-5 1/4" E ANDERSEN 2817 2'-8 5/8"x1'-7 1/4" BASEMENT WINDOW (7 REQUIRED) NOTES: I. ALL ANDERSON WINDOWS 8 DOORS TO BE 400 SERIES-NI-IITE 2. ALL ANDERSON NINDONS TO HAVE SNAP-IN VINYL GRILLES. SEE ELEVATIONS FOR GRILLE PATTERNS. 3. PROVIDE INSECT SCREENS 4. HARDNARE TO BE DETERMINED BY OWNER SIZE FSCM N0. DWG 40. REV SCALE,AS SHOWN SHECT 4 OF 6 1 x .. ,_ q T^ M1 O I i © O _ Oo w.l.c. AT1-I e _ 6 8 b 8 2 b 26 45 — 2 6 266 i SH d ROD DN. TYP. a, _ " -- _ I LINEN 1 _ — (5 SHELVES) i BEDROOM BEDROOM --- —RAILING - -OPEN TO - - -BELOW C i O, © O r- n. „ II 0 . WINDOW SCHEDULE SECOND FLOOR PLAN SYM. MANUFACTURER'S UNIT ROUGH OPENING REMARKS A ANDERSEN TW2442-2 4'-11 15/16"x4'-5 1/4" 6 ANDERSEN CN 135-3 5'-2 1/4"x3'-5 3/8" 'I C ANDERSEN TW2442 2'-6 1/8"x4'-5 1/4" D ANDERSEN TW24310 2'-6 1/8"x3'-5 1/4" E ANDERSEN 2817 2'-8 5/8"xt'-7 1/4" BASEMENT WINDOW (7 REQUIRED) NOTES: 1. ALL ANDERSON WINDOWS i DOORS TO BE 400 SERIES-WHITE 2. ALL ANDERSON WINDOWS TO HAVE SNAP-IN VINYL GRILLES. SEE ELEVATIONS FOR GRILLE PATTERNS. 3. PROVIDE INSECT SCREENS _ 4. HARDWARE TO BE DETERMINED BY OWNER size FscM No. arc No. NEV SCALE AS SH MN SNEE►4 OF 6 �M w t 1, DECK 1o'xlo' i Ix4 MAHOGANY DECKING 1 1- 11 11 II 1 II cn 00 o = DINING i © I � 246cn C , 6 4x6 SOLID-TYP. 0 ---- - i I W8x28 FLUSH FR. -- --- 42" WALL ABOVE _-. w/WOOD GAP p 1 - - BRICK F/P ------ O .: I w/FLUSH - WEARTH " E50X OUT FLUSH FR. LIVING RM 1—kI5x2SABOVE in I _4" n © - KITCHENcn in i 1 O 3 68 O li DECK Ix4 MAHOG NY DECKING i I " 3611 RAILI 6 1�c 0Fl!S OOR PLAN sc .•. SQE FUN NO. MO NO. qEy a scKE:AS sNowN SHED 3 of 6 _ iNf l_---- PRaf:�-I L E: NOT- TO SCALE TAT �a Z. nsro rE2"DYEROro)/b"P 60vFzs r o ev rlzsr PPE �rnOVER�/d"-I /2"DOJPE ro M sEr LEVEL WASH=D sroNE DATE: Jv.S/G S, Z ac>3 ` t 6" CrrINl� 6RAM- rOR MIN. 2' - riNlsn 6RME W(T NE55 >, le-)II-1/T6 PERORATE: FplV " � " o w E , ,qtA �bG v S ie' SU1 AO _ s 8 J. Z5 ., 60r1'GM x9 3l.Z5 Z de /a y 3 g z 'm 3i-r 3�p 4w,r avrtier rrt .38,SS DOX �� /o /ZS�3 ,BGt� [ Y' 39 T ; c,c_..oi4v.c�� t���+�•� ,moo. 1370) ePu,ori S,�js_60'APArlaN q 7 d �o y,Z sg 5EPf IG TM?C — i i" STOPC l�VSC C �D � 'o ,UQI _. I c Sa,JD yz 32'5 ti a ,a/2oPo 5 �,U �c c.vs--,vex z,sy 7��o 0 TA Pff�3 I ON PA DAILY FLOW: (Z.)MPROOMS xl0 GPD X zoo GPD SEP76 TANK:.z2'oOPP xZ.00 . GPD USE:/.5'oo GALLON PRECAST SEPTr,TANK — — o LEACHING FAGlLfrY: 1 /OD, 9y i /ooSsrt USE: ) spa,sXZ%�... :5-40co y ,ar'1 F4.C-s I _- CAPACITY: - r I S � s l3 'XS' r , Z1o,AOTTOM: ENERAL I OT r .r faT� TOTAL: 353,o �•Pr.� — l CONTRACTOR TO M RESPONSpLE FOR THE LOGA70NOF ALL UTLfTE5, A �c/oT ABOVE AND UNDERGROUND,PR OR TO ANY EXOAVAT17N OR GONSTRUOTON. 7 SEPTC SYSTEM TO 13E NSTALLED N COMPLfANOE WITH 3h CMR I ,00:TfTLE V 71 3. rrfS PLAN NOT TO DE USED FOR PROPERTY LNE DETERMNA70N -- 11 : _. v ..,. rLL.vo1"ut��Lv AfZLAS I­U Lc1PUv1L✓AND�CE..VLD .I _ 5. GONI"RAGTOR TO PROVDE 24 HOUR N076E FOR ANY REQUIRED NSPEGTONS � 1 , ���'. � �; _ G.o Gc,)�i�,.4.✓r3/c,» hz�¢ti+ �.��/z' "G�`u�'G. _ G. ,,�,T''c>���i--�/ r_.... �s �.v .� �i� Zc>.`J�-- _ yr Y U O U7" �p ,, / ..so�'�����'??ror+i 5►. -�._ ��51'�7'.9 GL � �/�c%'©�$�"" .�,'�T��-.+' ,�©2 'Ali . r :.. ,�D�'� :' _ �"�.vS7�c"U G,>-/o.+✓ � •9 Viz)��� ,pu>Ecv,.,i�, ': 9G,z2 , I ,13 Z7c�A.) A c Ui9/z "' /z"G }'-' �i-9S/S 'ea•t ti TE eEWAaE FLAN LOOATION: Z PREPARED FOR: ;_ 7"S SCALE: DRAWN 1 L�H OF t"Aso" 4 �'d i~V.E off DANIEL E Cyu; r W. BRAMAN ` + A t RUM8 CIVIL i4� .JDf5 NUMBER' DATE:,-c'n Z o -�5MEET' _., ,No. 3`22666 _, Z f - ?'„• 3 Zy o 3 3 .p3 WELLEF?-, & A��06, ITF�5 1645 FALMOUTh RP ry SUITE 46 OENTERVILLE, MA OZ(oW TEL.: (5025) 775-077 5 N FAX: (508) 775-0754 PROFESSIONAL ENC;INEERS & LAND SURVEYORS ,I r _ NOT 1-0 SCALE 2"LAYER OF 3/S"PEASTONE ��� r MOLE L OCR EL.= '340 FIRST PIPE LENGTH PATE:MARCH 7 2 3 u� Pre 6rRi=�r OVER 3 A"- I V7 POU15LE E RC 1 00 TOP FOUNDATION GONERS TO WITHIN TO if- SET LEVEL WASHED STONE TEST t3Y: M,O'LOLk Ht_N,t.SE EL= s}3Ot 6„ FINISHED GRADE. FOR MIN. 2' WfFNt=55: c,.Wtill ,[BARN.t1LALTII DEPT. FINISH GRADE FERC RATi MIN./IN. < EL.= 42.Ot arc A" AI 7 A" h M&ON PP. 5GH O A"" PVG /q!� �� TOP EL fJ2 A- OWY SAW A-iOMnY 5" A„ PVG AIA wy"/Z 7" AI,A ... 38.50 5 POOTTOM @ EL. ?Vo 50 a.��M+v 6 r O�ry s�rl7 -+ INSTALL 6AS DAFFLE� IarrzS/r IPfR.5/r 7 >,. .75 IN OUTLET TEE DIST. CRAJ"A ff Cv-"Row '00 ci-i 6NIV <n LOCATION MAP 1500 GALLON A 5' SEPARATION 2sn/a z�vr/» SEPTIC TANK . z" A2" c1 D.-cOHtsE 54 D 6" 6" STONE f5ASE t5OTTOM OF TEST HOLE @ EL. 31.5 vyyr, I 85.od 31.5 ILI" I lu" +AO.G NO WATER ENGOUN I"-REP CL LOTS 2,4G, 2AR & 286 5.f=, �. DESIGN DATA GENERAL NOTE \ PA LY FLOW: (3)BEDROOMS x 10 OPP=330 OPP SEPTG 7ANK:330 OPP x200%=660 OPP L GONTRAGTOR TO pE RESPON6115LE FOR THE LOGATON OfALL UTILITIES, USE:1500 GALLON PRECAST SEPT G TANK ApOVE AND UNDERGROUND,PR OR TO ANY EXGAVAT i OR GON 5T RUOT ON. j LEACHING FAGIL Y: 2. SEPTG SYSTEM TO J3E INSTALLED IN GOMPLIANGE WITH 31O GMR 1500:TFLE V USE: w2)A5 N OF DGUft-E WASHED STONE ALL AROUND 3. THIS PLAN 6 NOT TO 15E USED FOR PROPERTY LINE DETERMINATION i GAPA(ITY: SIDEWALL: 76 x 2 x 0.74 = 112.5 GPD A. ALL DISTUR15ED AREAS TO 15E LOAMED AND SEEDED f5oTTOM: 13 x 25 x 0.7A .5 G= 2A0PD l 5 GONTRAGTOR TO PROVIDE V HOUR NOTICE FOR ANY REgU IRED INSPECT TOTAL 35310 C�PD I 11 � b ARAC� 31.d j PROP VNELLiw-1 I t ®o t L----' Io OF Tr. ST E i �� I Rl1 A CIViL W07 INO 32M6 `^ Gi � `l \`l/ ,D 12�s �. t"c•Ca `,'�'�GG�.SJL-I 1"`_— -� 1,4NpFSS f-110 n \ � LOCATION: 5A HEMEON RD., (ANNI�PORT, MA 3 ry ^03 PREPARED FOR: TOM POWERS SCALE: PRAWN 1!�Y: - +ALO JOf5 NLWER: DATE: Jquly,. 2�1, -2oo,3 ` 03-025 MARCH 2?5, 2003 SP-1 1O0.9A" I EL. 44.0 V� LI__ R & A�5�50 I ATE NAIL SET IN POLE 1645 FALMOUTH RP - SUITE AG GENTERVILI F, MA Oun TEE:: (505) 775--0735 - FAX: (508) 775--0754 PROFESSIONAL ENGINEERS & LAND SURVEYORS i NOT TO 66ALE TLe j 1 IC LE LQ& y F1 I1IR5T PIPE LEN&TH OVER a/4"-I Vz"POUME_ - T2w rars��.�ia4 covERs ro MrMIN ro ce 5+ir LEVEL wnsnrD5rONP DATE 4' Gl" rMIsr1FD E t:DE roR MIN. 2' - i E5T pY:/!, 'r-)21 7c,I C//;? -��� C,5' 5 PER(,RATE: •� ,yi ;//�. .1 ' T" #� i _L `�N . 1 9�PYlc_ i a" Pv roe a ELG, 5, Cl7G v .11 S 1' - W 56M AO 8.Z -tt „ o S "ry r DOf i OIr+ EQ f3.3(,7-:5 z 3 Se.,RJ f •'i r' D � j , DIST'. Dai( r+cur�r rtr .. •38 e iP'*I'f vi c L;F ge*c y' .moo, 1+� c+ 6/t 1 CXJ 7 �J scrARATION �I 1 f 6" SrONr- Dl _------ 3L (Z — a s;.g. ry ivC� ,Sy /�o PE-:51 CAN DATA I PAIL 7LOW: (;�-)BEDROOMS X 10 6PD= - �17I%TA'`IK.: &PD OAiLON PRECAST SEP76 TANK q / I( �_.�AGr�iNvFAvii�ff�Y: CA.r. ► OLA& GAFA6I T Y: 74- x Z Pt o,7Yr" i BOTTOM: /� xzs -J9/e i Gri'AL. 353, -- - - // L ONTRAGTOR TO bE RESPONSpLE FOR T 1p LOGA T ONOF ALL UTLITE'5 �I NX--,�' N AWvE AND UNDEReROUNP,PROF TO ANY EXOAVATf2N OR GON'3TRU6,T'0N. � ,r ;� _. �L.r T'L' SYSTEM TO�E N5T'AC1ED N GOMPLMNGE�i (�r1`.'�{� . .."1 PLAN 5 NOT TO!, o . ::. I____ ---'� �y/r/. \ y' 0 '-' ' ....,,, ,...t.....4(✓ -'4..... ✓t,.✓ l.Y r�,/� r /l.� .'��"" <3 r)T " A'rl 1 /-!.L P , U�'6ED AREAS TO �.` LOAMED Ail, 5cEvf D II 6�ON i-IIAGTOR TO PROVDC 7 4 r!D'UR NG i 6L= ,IOR Ai°+'(FECJiL)r-,'-. P E 6 ON 5 \Il I I ':_7 rifi✓ .:',s'-"=A'.T�' '..G'�,5 cJ/"-�^Yi�.J�i� %O ✓'�►��` � a,J t v LbTp ,, / _ ,r, �r r rc,-� 7-c?.v" •. J. ,�- /�OT - -ohrSTlZU C�-''.ro ,fit rg L7-).G� 2c, -,. r Ti9 � .0�'�/.�'7,h<' 9, e.ll� s'...�=�.�.f.. ``', �20�< /5 /r G--G ,�`+"" .7©G .e n..l l�,^�;-►`�.%c:. p I NelT FL i LOCATION: -30 PREPARED FOR: SCALE. `*> PRAWN �t )Y `? ,,^,TEVt-:1 DANIEL E. r 1 BR, 4 C!M„„!lA ">~o � `�.� cr�Il� �, ��} JOB NLM>3ER: DATE:Gv -/Z-6) "3M Sf-fF-ET: 3 l t�rErS1tiC`y�Q. "\c FG I S T f ? C.13 I A I(o2 FALMOUT RP — SUITE 46 GENTERVILLE, MA OW( Z TEL.: (505) 775-01 6 — FAX: 775--0754 PROFESSIONAL ENOIN=RS & LAND SURVEYORS __