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0049 LILLIAN DRIVE - Health
Lot 35, 49 LILLIAN DR. HYA NISI�g 10 i 'r e S�II 2 J�RECYCLFO OT UPC 17734 ' Now 2-153CR °osr.coNS°�� " HASTINGS, MN f L 1/ I � I z I h rt r t P �l 4 \1 \ r 1 ' t}Wi�T OF IL IB�+iSTABLE v ,. s �ssloR s �c Lo7r ° 'per' PdAI 3s {?1+1 iiQ SSF'TLC TAB CAFhQTY: LEAC��i`G FA1CT33'l'Y'�type� t I N4 UPBFd3iNiS 8iT3LWf$i D�,b�R •f- M �on�u#tanco B�tvt�n'�e: L Fee .. i DdiaxWust �'a`4w�� TabCeotl�eBattomoffchin�Faty r. ...:r. 1�ate=�a�r�aPFt�r�a�i andmg�a ► C�any we�#s�sst' ': oassta ar amca €�at a€.fet►$€ il met: $d$e of�4te atld and . eking f a y!viet}aiads exist withtat 9{��;feet+� lcaclutg#acilit�) '� �*eet: •Q;r � tz, � Q Commonwealth of Massachusetts 0?4g,9,� 3 Title 5 Official Inspection Form i Wl , - C�i Subsurface Sewage Disposal System Form -Not for Voluntary Assessments £ 49 Lillian Dr , Property Address t J Hudson Homes Management LLC n Owner Owner's Name information is H annis V MA 02601 8-14-20 required for every y page. City/Town State Zip Code Date of Inspection Inspection results must be submitted on this form. Inspection forms may not be altered in any way. Please see completeness checklist at the end of the form. A. Inspector Information /Lf,2�fLf Shawn Mcelroy Name of Inspector Upper Cape Septic Services Company Name P.O. Box 73 Company Address East Falmouth MA 02536 City/Town State Zip Code 508-495-0905 S13971 Telephone Number License Number B. Certification I certify that] am a DEP approved system inspector in full compliance with Section 15.340 of Title 5 (310 CMR 15.000);l have personally inspected the sewage disposal system at theproperty address listed above; the information reported below is true, accurate and complete as of the time of my inspection; and the inspection was performed based on my training and experience in the proper function and maintenance of on-site sewage disposal systems.After conducting this inspection I have determined that the system: 1. ® Passes 2. ❑ Conditionally Passes 3. ❑ Needs Further Evaluation by the Local Approving Authority 4. ❑ Fails 8-14-20 n ectors Signature Date The system inspector shall submit a copy of this inspection report to the Approving Authority(Board of Health or DEP) within 30 days of completing this inspection. If the system has a design flow of 10,000 gpd or greater,the inspector and the system owner shall submit the report to the appropriate regional office of the DEP. The original form should be sent to the system owner and copies sent to the buyer, if applicable, and the approving authority. Please note: This report only describes conditions at the time of inspection and under the conditions of use at that time. This inspection does not address how the system will perform in the future under the same or different conditions of use. t5insp.doc•rev.7/2 612 01 8 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 1 of 18 — I Commonwealth of Massachusetts r� Title 5 Official Inspection Form ill Subsurface Sewage Disposal System Form -Not for Voluntary Assessments a i,_�, rd. � 49 Lillian Dr Property Address Hudson Homes Management LLC Owner Owner's Name information is H annis MA 02601 8-14-20 required for every y page. City/Town State Zip Code Date of Inspection C. Inspection Summary Inspection Summary: Complete 1, 2, 3, or 5 and all of 4 and 6. 1) System Passes: ® I have not found any information which indicates that any of the failure criteria described in 310 CMR 15.303 or in 310 CMR 15.304 exist. Any failure criteria not evaluated are indicated below. Comments: System is in good working order with no sign of failure. 2) System Conditionally Passes: ❑ One or more system components as described in the "Co nditionalPass" section need to be replaced or repaired. The system, upon completion of the replacement or repair, as approved by the Board of Health,will pass. Check the box for"yes", "no"or"not determined" (Y, N, ND) for the following statements. If"not determined," please explain. The septic tank is metal and over 20 years old*or the septic tank (whether metal or not) is structurally unsound, exhibits substantial infiltration or exfiltration or tank failure is imminent. System will pass inspection if the existing tank is replaced with a complying septic tank as approved by the Board of Health. *A metal septic tank will pass inspection if it is structurally sound, not leaking and if a Certificate of Compliance indicating that the tank is less than 20 years old is available. ❑ Y El ❑ ND (Explain below): t5insp.doc•rev.7/26/2018 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 2 of 18 Commonwealth of Massachusetts r� Title 5 Official Inspection Form L'I, Subsurface Sewage Disposal System Form -Not for Voluntary Assessments : ? 49 Lillian Dr Property Address Hudson Homes Management LLC Owner Owner's Name information is required for every Hyannis MA 02601 8-14-20 page. City/Town State Zip Code Date of Inspection C. Inspection Summary (cont.) 2) System Conditionally Passes (cont.): ❑ Pump Chamber pumps/alarms not operational. System will pass with Board of Health approval if pumps/alarms are repaired. ❑ Observation of sewage backup or break out or high static water level in the distribution box due to broken or obstructed pipe(s) or due to a broken, settled or uneven distribution box. System will pass inspection if(with approval of Board of Health): ❑ broken pipe(s) are replaced ❑ Y ❑N ❑ ND (Explain below): ❑ obstruction is removed ❑ Y ❑N ❑ ND (Explain below): ❑ distribution box is leveled or replaced ❑Y '❑ N ❑ ND (Explain below): ❑ The system required pumping more than 4 times a year due to broken or obstructed pipe(s). The system will pass inspection if(with approval of the Board of Health): ❑ broken pipe(s) are replaced ❑Y ❑N ❑ ND (Explain below): ❑ obstruction is removed ❑Y El ❑ ND (Explain below): 3) Further Evaluation is Required by the Board of Health: ❑ Conditions exist which require further evaluation by the Board of Health in order to determine if the system is failing to protect public health, safety or the environment. a. System will pass unless Board of Health determines in accordance with 310 CMR. 15.303(1)(b)that the system is not functioning in a manner which will protect public Ihealth, safety and the environment: t5insp.doc-rev.7/26/2018 . Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 3 of 18 _ r, Commonwealth of Massachusetts Title 5 Official Inspection Form l Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 49 Lillian Dr Property Address Hudson Homes Management LLC Owner Owner's Name information is required for every Hyannis MA 02601 8-14-20 page. City/Town State Zip Code Date of Inspection C. Inspection Summary (cont) ' ❑ Cesspool or privy is within 50 feet of a surface water ❑ Cesspool or privy is within 50 feet of a bordering vegetated wetland or a salt marsh b. System will fail unless the Board of Health (and Public Water Supplier, if any) determines that the system is functioning in a manner that protects the public health, safety and environment: ❑The system has a septic tank and soil absorption system (SAS) and the SAS is within 100 feet of a surface water supply or tributary to a surface water supply. ❑The system has a septic tank and SAS and the SAS is within a Zone 1 of a public water supply. ❑The system has a septic tank and SAS and the SAS is within 50 feet of a private water supply well. ❑The system has a septic tank and SAS and the SAS is less than 100 feet but 50 feet or more from a private water supply well". Method used to determine distance: ** This system passes if the well water analysis, performed at a DEP certified laboratory, for fecal coliform bacteria indicates absent and the presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5 ppm, provided that no other failure criteria are triggered.A copy of the analysis must be attached to this form. c. Other: 4) System Failure Criteria Applicable to All Systems: You must indicate "Yes"or"No"to each of the following for all inspections: Yes No ❑ ® Backup of sewage into facility or system component due to overloaded or clogged SAS or cesspool ❑ ® Discharge or ponding of effluent to the surface of the ground or surface waters due to an overloaded or clogged SAS or cesspool t5insp.doc•rev.7/26/2018 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 4 of 18 Commonwealth of Massachusetts r� 3 Title 5 Official Inspection Form it Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 49 Lillian Dr Property Address Hudson Homes Management LLC Owner Owner's Name information is required for every Hyannis MA 02601 8-14-20 page. City/Town State Zip Code Date of Inspection C. Inspection Summary (cont.) 4) System Failure Criteria Applicable to All Systems: (cont.) Yes No ❑ ® Static liquid level in the distribution box above outlet invert due to an overloaded or clogged SAS or cesspool ❑ ® Liquid depth in cesspool is less than 6" below invert or available volume is less than '/2 day flow ❑ ® Required pumping more than 4 times in the last year NOT due to clogged or obstructed pipe(s). Number of times pumped: ❑ ® Any portion of the SAS, cesspool or privy is below high ground water elevation. ❑ ® Any portion of cesspool or privy is within 100 feet of a surface water supply or tributary to a surface water supply. ❑ ® Any portion of a cesspool or privy is within a Zone 1 of a public water supply well. ❑ ® Any portion of a cesspool or privy is within 50 feet of a private water supply well. ❑ ® Any portion of a cesspool or privy is less than 100 feet but greater than 50 feet from a private water supply well with no acceptable water quality analysis. [This system passes if the well water analysis, performed at a DEP certified laboratory,for fecal coliform bacteria indicates absent and the presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5 ppm, provided that no other failure criteria are triggered. A copy of the analysis and chain of custody must be attached to this form.] ❑ ® The system is a cesspool serving a facility with a design flow of 2000 gpd- 10,000 gpd. ❑ ® The system fails. I have determined that one or more of the above failure criteria exist as described in 310 CMR 15.303,therefore the system fails. The system owner should contact the Board of Health to determine what will be necessary to correct the failure. 5) Large Systems:To be considered a large system the system must serve a facility with a design flow of 10,000 gpd to 15,000 gpd. For large systems, you must indicate either"yes" or"no"to each of the following, in addition to the questions in Section CA. Yes No ❑ ❑ the system is within 400 feet of a surface drinking water supply ❑ ❑ the system is within 200 feet of a tributary to a surface drinking water supply ❑ ❑ the system is located in a nitrogen sensitive area (Interim Wellhead Protection Area— IWPA) or a mapped Zone II of a public water supply well t5insp.doc-rev.7/26/2018 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 5 of 18 s Commonwealth of Massachusetts r� Title 5 Official Inspection Form �-r I'll Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 49 Lillian Dr Property Address Hudson Homes Management LLC Owner Owner's Name information is required for every Hyannis MA 02601 8-14-20 page. City/Town State Zip Code Date of Inspection C. Inspection Summary (cont.) If you have answered "yes"to any question in Section C.5 the system is considered a significant threat, or answered "yes"to any question in Section CA above the large system has failed. The owner or operator of any large system considered a significant threat under Section C.5 or failed under Section CA shall upgrade the system in accordance with 310 CMR 15.304. The system owner should contact the appropriate regional office of the Department. 6. You must indicate "yes" or"no"for each of the following for all inspections: Yes' No ❑ ® Pumping information was provided by the owner, occupant, or Board of Health ❑ ® Were any of the system components pumped out in the previous two weeks? ❑ ® Has the system received normal flows in the previous two week period? ❑ , ® Have large volumes of water been introduced to the system recently or as part of this inspection? ®` ❑ Were as built plans of the system obtained and examined? (If they were not available note as N/A) ® ❑ Was the facility or dwelling inspected for signs of sewage back up? ® ❑ Was the site inspected for signs of break out? ® ❑ Were all system components, excluding the SAS, located on site? ® ❑ Were the septic tank manholes uncovered, opened, and the interior of the tank inspected for the condition of the baffles or tees, material of construction, dimensions, depth of liquid, depth of sludge and depth of scum? Wasthe facility owner(and occupants if different from owner) provided with ® ❑ information on the proper maintenance of subsurface sewage disposal systems. The size and location of the Soil Absorption System (SAS) on the site has been determined based on: ® ❑ Existing information. For example, a plan at the Board of Health. ® ❑ Determined in the field (if any of the failure criteria related to Part C is at issue approximation of distance is unacceptable) [310 CMR 15.302(5)] t5insp.doc-rev.7/26/2018 Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 6 of 18 Commonwealth of Massachusetts r� ,w Title 5 official Inspection Fora ? Hi Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 49 Lillian Dr Property Address Hudson Homes Management LLC Owner Owner's Name information is required for every Hyannis MA 02601 8-14-20 page. City/Town State Zip Code Date of Inspection D. System Information 1. Residential Flow Conditions: Number of bedrooms (design): 2 Number of bedrooms (actual): 2 DESIGN flowbased on 310 CMR 15.203 (for example: 110 gpd x#of bedrooms): 220 Description: Number of current residents: 0 Does residence have a garbage grinder? ❑ Yes ® No Does residence have a water treatment unit? ❑ Yes ® No If yes, discharges to: Is laundry on a separate sewage system? (Include laundry system inspection ❑ Yes ® No information in this report.) Laundry system inspected? ❑ Yes ® No Seasonal use? ❑ Yes 'IZ No Water meter readings, if available (last 2 years usage (gpd)): Detail: Sump pump? ❑ Yes ® No Last date of occupancy: Unknown Date t5insp.doc-rev.7/26/2018 Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 7 of 18 Commonwealth of Massachusetts r� Title 5 Official Inspection Form Ali Subsurface Sewage Disposal System Form -Not for Voluntary Assessments g p Y rY a 49 Lillian Dr Property Address Hudson Homes Management LLC Owner Owner's Name information is Hyannis MA 02601 8-14-20 required for every page. City/Town State Zip Code Date of Inspection D. System Information (cont.) 2. Commercial/Industrial Flow Conditions: Type of Establishment: Design flow (based on 310 CMR 15.203): Gallons per day(gpd) Basis of design flow(seats/persons/sq.ft., etc.): Grease trap present? ❑ Yes ❑ No Water treatment unit present? ❑ Yes ❑ No If yes, discharges to: Industrial waste holding tank present? ❑ Yes ❑ No Non-sanitary waste discharged to the Title 5 system? ❑ Yes ❑ No Water meter readings, if available: Last date of occupancy/use: Date Other(describe below): 3. Pumping Records: Source of information: N/A Was system pumped as part of the inspection? ❑ Yes ® No If yes, volume pumped: gallons How was quantity pumped determined? Reason for pumping: t5insp,doc•rev.7/26/2018 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 8 of 18 r Commonwealth of Massachusetts r� 3 Title 5 Official Inspection Fora �w I,l Subsurface Sewage Disposal System Form -Not for Voluntary Assessments ; 49 Lillian Dr Property Address Hudson Homes Management LLC Owner Owner's Name information is required for every Hyannis MA 02601 8-14-20 page. City/Town State Zip Code Date of Inspection D. System Information (cont.) 4. Type of System: ® Septic tank, distribution box, soil absorption system ❑ Single cesspool ❑ Overflow cesspool ❑ Privy ❑ Shared system (yes or no) (if yes, attach previous inspection records, if any) ❑ Innovative/Alternative technology.Attach a copy of the current operation and maintenance contract (to be obtained from system owner) and a copy of latest inspection of the I/A system by system operator under contract ❑ Tight tank.Attach a copy of the DEP approval. ❑ Other(describe): Approximate age of all components, date installed (if known) and source of information: 2002 Were sewage odors detected when arriving at the site? ❑ Yes ❑ No 5. Building Sewer(locate on site plan): 18" Depth below grade: feet Material of construction: ❑ cast iron ® 40 PVC ❑ other(explain): Distance from private water supply well or suction line: feet Comments (on condition of joints, venting, evidence of leakage, etc.): Good condition. t5insp.doc•rev.7/26/2018 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 9 of 18 Commonwealth of Massachusetts r� Title 5 Official Inspection Form %► Subsurface Sewage Disposal System Form -Not for Voluntary Assessments � r. .> 49 Lillian Dr Property Address Hudson Homes Management LLC Owner Owner's Name information is required for every Hyannis MA 02601 8-14-20 page. City/Town State Zip Code Date of Inspection D. System Information (cont.) 6. Septic Tank (locate on site plan): Depth below grade: 12"feet Material of construction: ® concrete ❑ metal ❑ fiberglass ❑ polyethylene ❑ other(explain) If tank is metal, list age: years Is age confirmed by a Certificate of Compliance? (attach a copy of certificate) ❑ Yes ❑ No Dimensions: 1500 gal Sludge depth: 6" Distance from top of sludge to bottom of outlet tee or baffle 26" Scum thickness 2" Distance from top of scum to top of outlet tee or baffle 5" Distance from bottom of scum to bottom of outlet tee or baffle 14" How were dimensions determined? Tape Comments (on pumping recommendations, inlet and outlet tee or baffle condition, structural integrity, liquid levels as related to outlet invert, evidence of leakage, etc.): Tank is in good condition with baffles installed and no sign of leakage. Recommend pumping for solids. t5insp.doc•rev.7/26/2018 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 10 of 18 Commonwealth of Massachusetts Title 5 Official Inspection Form ! Ili Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 49 Lillian Dr Property Address Hudson Homes Management LLC Owner Owner's Name information is required for every Hyannis MA 02601 8-14-20 page. City/Town State Zip Code Date of Inspection D. System Information (cont.) 7. Grease Trap (locate on site plan): Depth below grade: feet Material of construction: ❑ concrete ❑ metal ❑ fiberglass ❑ polyethylene ❑ other(explain): Dimensions: Scum thickness Distance from top of scum to top of outlet tee or baffle Distance from bottom of scum to bottom of outlet tee or baffle Date of last pumping: Date Comments (on pumping recommendations, inlet and outlet tee or baffle condition, structural integrity, liquid levels as related to outlet invert, evidence of leakage, etc.): 8. Tight or Holding Tank (tank must be pumped at time of inspection)(locate on site plan): Depth below grade: Material of construction: ❑ concrete ❑ metal ❑ fiberglass ❑ polyethylene ❑ other(explain): Dimensions: Capacity: gallons Design Flow: gallons per day t5insp.doc•rev.7/26/2018 Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 11 of 18 Commonwealth of Massachusetts 3 Title 5 official Inspection Form �i I.I Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 49 Lillian Dr Property Address Hudson Homes Management LLC Owner Owner's Name information is required for every Hyannis MA 02601 8-14-20 page. City/Town State Zip Code Date of Inspection D. System Information (cont.) 8. Tight or Holding Tank (cont.) Alarm present: ❑ Yes ❑ No Alarm level: Alarm in working order: ❑ Yes ❑ No Date of last pumping: Date Comments (condition of alarm and float switches, etc.): *Attach copy of current pumping contract (required). Is copy attached? ❑ Yes ❑ No 9. Distribution Box(if present must be opened)(locate on site plan): Depth of liquid level above outlet invert 0 Comments (note if box is level and distribution to outlets equal, any evidence of solids carryover, any evidence of leakage into or out of box, etc.): Good condition with water at working level and no sign of back-up from chambers. t5insp.doc•rev.7/26/2018 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 12 of 18 r Commonwealth of Massachusetts r� Title 5 Official Inspection Form W9 } 11 Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 49 Lillian Dr Property Address Hudson Homes Management LLC Owner Owner's Name information is required for every Hyannis MA 02601 8-14-20 page. City/Town State Zip Code Date of Inspection D. System Information (cont.) 10. Pump Chamber(locate on site plan): Pumps in working order: ❑ Yes ❑ No* Alarms in working order: ❑ Yes ❑ No* Comments (note condition of pump chamber, condition of pumps and appurtenances, etc.): * If pumps or alarms are not in working order, system is a conditional pass. 11. Soil Absorption System (SAS) (locate on site plan, excavation not required): If SAS not located, explain why: Type: ❑ leaching pits number.: ® leaching chambers number: 2-500's ❑ leaching galleries number: ❑ leaching trenches number, length: ❑ leaching fields number, dimensions: ❑ overflow cesspool number: ❑ innovative/alternative system Type/name of technology: t5insp.doc-rev.7/26/2018 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 13 of 18 Commonwealth of Massachusetts Title 5 Official Inspection Form �i Subsurface Sewage Disposal System Form -Not for Voluntary Assessments �;•; c 49 Lillian Dr Property Address Hudson Homes Management LLC Owner Owner's Name information is required for every Hyannis MA 02601 8-14-20 page. City/Town State Zip Code Date of Inspection D. System Information (cont.) 11. Soil Absorption System (SAS) (cont.) Comments (note condition of soil, signs of hydraulic failure, level of ponding, damp soil, condition of vegetation, etc.): Leach chambers in good condition and empty at inspection with no visible stain lines. 12. Cesspools (cesspool must be pumped as part of inspection) (locate on site plan): Number and configuration Depth—top of liquid to inlet invert Depth of solids layer Depth of scum layer Dimensions of cesspool Materials of construction Indication of groundwater inflow ❑ Yes ❑ No Comments (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.): t5insp.doc•rev.7/26/2018 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 14 of 18 r r ..,, Commonwealth of Massachusetts C', Title 5 Official Inspection Fora I,I Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 49 Lillian Dr _ Property Address Hudson Homes Management LLC Owner Owner's Name information is required for every Hyannis MA 02601 - 8-14-20 page. City/Town State Zip Code Date of Inspection D. System Information (cont.) 13. Privy (locate on site plan): Materials of construction: Dimensions Depth of solids Comments (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.): t5insp.doc•rev.7/26/2018 Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 15 of 18 Commonwealth of Massachusetts r� Title 5 Official Inspection Form i1 i Subsurface Sewage Disposal System Form -Not for Voluntary Assessments .* ",Q 49 Lillian Dr Property Address Hudson Homes Management LLC Owner Owner's Name information is Hyannis MA 02601 8-14-20 required for every page. City/Town State Zip Code Date of Inspection D. System Information (cont.) 14. Sketch Of Sewage Disposal System: Provide a view of the sewage disposal system, including ties to at least two permanent reference landmarks or benchmarks. Locate all wells within 100 feet. Locate where public water supply enters the building. Check one of the boxes below: ® hand-sketch in the area below ❑ drawing attached separately C`- 1' Ej rl N t5insp.doc-rev.7/26/2018 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 16 of 18 ^., Commonwealth of Massachusetts 3t Title 5 Official Inspection Form A Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 49 Lillian Dr Property Address Hudson Homes Management LLC Owner Owner's Name information is Hyannis MA 02601 8-14-20 required for every ' page. City/Town State Zip Code Date of Inspection D. System Information (cont.) 15. Site Exam: ❑ Check Slope ❑ Surface water ❑ Check cellar ❑ Shallow wells Estimated depth to high ground water: 12'+ feet Please indicate all methods used to determine the high ground water elevation: ® Obtained from system design plans on record If checked, date of design plan reviewed: Date ® Observed site (abutting property/observation hole within 150 feet of SAS) ® Checked with local Board of Health - explain: ® Checked with local excavators, installers- (attach documentation) ❑ Accessed USGS database -,explain: You must describe how you established the high ground water elevation: Original dsign plans show no groundwater at 12'. Before filing this Inspection Report, please see Report Completeness Checklist on next page. t5insp.doc-rev.7/26/2018 . Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 17 of 18 Commonwealth of Massachusetts Title 5 Official Inspection Form Wl Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 49 Lillian Dr Property Address Hudson Homes Management LLC Owner Owner's Name information is required for every Hyannis MA 02601 8-14-20 page. City/Town State Zip Code Date of Inspection E. Report Completeness Checklist Complete all applicable sections of this form inclusive of: ® A. Inspector Information: Complete all fields in this section. ® B. Certification: Signed & Dated and 1, 2, 3, or 4 checked ® C. Inspection Summary: 1, 2, 3, or 5 completed as appropriate 4 (Failure Criteria) and 6 (Checklist) completed ® D. System Information: For 8: Tight/Holding Tank—Pumping contract attached For 14: Sketch of Sewage Disposal System drawn on pg. 16 or attached For 15: Explanation of estimated depth to high groundwater included t5insp.doc•rev.7/26/2018 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 18 of 18 1001, �F4t a l DATE: / FEE: + 1-MST,433M OfAS3. REC. BY Town of Barnstable SCHED. DATE: Board of Health 367 Main Street, Hyannis MA 02601 Office: 508-790-6265 / 'Susan G.Rask,R.S. FAX. 508-790-6304 Sumner Kaufman,M.S.P.H. Ralph A-Murphy,M.D. VARIANCE REQUEST FORM LOCATION ..� ----.}., Property Address:,_ .0 G � — AIL G Assessor's Map and Parcel Number: Z V lb-f CD Size of Lot: . Z 7 4 G Wetlands Within 300 Ft. Yes Subdivision Name: No Business Name: APPLI CONTACT PERSON Name: r'/' i Name: zl�a.U,ci Sa LL✓o Address: Qd 00C—ih i r) * Address: 28 /rIaZ7 51, ���/�rmar.�'(h, ►�'��" oa-rd��- � ye r-r,-�o��Y�,,lyl �. o.z��� Phone: � 8, 3 9fs- as 9.3 Phone: SL7 8 - 3923 FAX: .Tb? 67&" FAX: S-08-&1?4/ - i:�'76 - VARIANCE FROM REGULATION(List Reg.) REASON FOR VARIANCE(May attach if more space needed) % &a.a e4� /-lerx/ h %o ctilow —f-hx C&"54)-Lci4- �3.3 Yet,. rf S o OZ'� Q fw a is---cir,;,- r Atome— --- S2G'F -z o cft3 �s Z14 Checklist(to be completed by office staff-person receiving variance request application) Four(4)copies of plan submitted(including septic system plans and/or restaurant floor plans) Applicant understands that the abutters must be notified by certified mail at least ten days prior to meeting date at applicant's expense(for Title V and/or local sewage regulation variances only) Full menu submitted(for grease trap variances only) Variance request application fee collected(no fee for lifeguard modification renewal,grease trap variance renewals(same ownerfieasee only c.wde dining variance renewals[same ownerileasee only),and variances to repair failed sewage disposal systems(only if no expansion to the building proposed)) Variance request submitted at least 15 days prior to meeting date VARIANCE APPROVED Susan G. Rask, R.S., Chairman NOT APPROVED Sumner Kaufman, M.S.P.H. REASON FOR DISAPPROVAL Ralph A. Murphy, M.D. Q:/WP/VARIREQ I , J 01 —Gs-2000 r!� 1 rat a ct:3 Y DEED RESTRICTION 7 WHEREAS, Kathleen M. Frucci, of 147 Pleasant Street, South Yarmouth (Bass River), Massachusetts; Joan M. Millane, of Snipsic Lake Road, Ellington, Connecticut; Maureen M. O'Donnell, of 1417 Kando Place, Jacksonville, North Carolina; Barbara M. Doherty, of 36 Mirah Drive, Yarmouthport, Massachusetts; Sharon M. Frisby, of 56 Cobblestone Road, Barnstable, Massachusetts; John G. Doherty, Jr., of 211 Pleasant Street, South Yarmouth Bass River Massachusetts( ), , Sheila M. Doherty of 211 Pleasant Street, South Yarmouth (Bass River), Massachusetts; and Mary Y, A. Doherty, of 211 Pleasant Street, South Yarmouth (Bass River), Massachusetts, as Tenants in Common, are the owners of Lot 35 and Lot 40 on a plan of land entitled "Craig Port, a residential subdivision in West Hyannis, MA Property ert of R olki n Realty (Frank Frank L. Elkin Trustee, �, Tr st e, dated September 1961, Ed Kellog, Engineer, Osterville, which plan is duly recorded in the Barnstable County Registry of Deeds in Plan Book 165, Page 41, which lots were conveyed to us by Deed from Cape Cod Building Supplies, Inc., dated December 29, 1986 and recorded in the Barnstable County Registry of Deeds in Book 5483, Page 226; and i �. WHEREAS, We, as the owners of said Lot 35 and Lot 40 have agreed with the Town of Barnstable Board of Health to a restriction as the number of bedrooms which can be included in any home built on said lot as a pre-condition to obtaining a variance from the 310 CMR 15.214 State Environmental Code, Title V, Minimum Requirements for the Subsurface Disposal of Sanitary Sewage and to obtaining a building permit for each lot; Power of torney for WHEREAS, the Town of Barnstable Board of Health, as a pre-condition to granting the variance from 310 CMR 15.214, State Environmental Code, Title V, Minimum Requirements for the Subsurface'Disposal of Sanitary Sewage, and authorizing the issuance of a building permit for the construction of a single family home on each lot is requiring that the agreement for the restriction on the number of bedrooms in any c3 house constructed on the lot be put on record with the Barnstable County Registry of _ Deeds by recording this document; NOW;THEREFORE,-We do hereby place the following restriction on the above ° ; referenced parcel in accordance with the agreement with the Town of Barnstable Board X_ of Health, which restriction shall run with the land and be binding upon all successors = in title: `. 1. We mayjhave constructed upon each lot a house containing no more than two (2) bedrooms. i We agree that this shall be permanent deed restriction affecting Lot 35 and Lot 40 on �- Lillian Drive, West Hyannis, MA, as shown in a plan recorded in Plan Book 165, Page 41. (I I f PC241-1 For our title to Lot 35 and Lot 40, see deed recorded in the Barnstable County Registry of Deeds in Book 5483, Page 226. E Executed as a sealed instrument this day of January, 20D0. _ t< s - athleen M. Frucci oan M. Millane n 1 = Maureen M. O'Donnell Barbara M. Doherty Sharon M. Fri by John . Dohe r` ��A Sheila M. Doherty ry o dy COMMONWEALTH OF MASSACHUSETTS _ Barnstable, ss. Janar4, jo�t�. �i.ltNr� 10� 0 Then personally appeared the above namedA Kathleen M. Frucci and ` L' acknowledged the foregoing instrument to be her free t an eed, befor me, otary P bIic �', '� My Commissio expires: COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. January 4 12000 *John G. Doherty, Jr., under a Power Then personally appeared the above named*Joan M. Millane and of Attorney for .�. acknowledged the foregoing instrument to be her free and ad, efore e, H iF Not ry Public is ael Princi : My Commissio ex ires: 9/e/04 _- ,_ , S. r'= L3K 1 2 i' 4 P 1124 1 f_'IG40 try COMMONWEALTH OF MASSACHUSETTS Barnstable, SS. January 4 , 2000 John G. Doherty, Jr., under a Power of Then personally appeared the above named*Maureen M. O'Don II and Attorney for acknowledged the foregoing instrument to be her free act and deed, for x: Ot ry Public hael J. Princi x,. My Commission xpires: 9/8/04 COMMONWEALTH OF MASSACHUSETTS �. Barnstable, ss. January 4 , 2000 John G. Doherty, Jr.., under a Power of Then personally appeared d the above named Barbara M. Doh P Y PP y and Attorney for acknowledged the foregoing instrument to be her free act dee e e e, otary IIC Michael .1. Princi .' My Comrihi#ion expires: 9/8/04 COMMONWEALTH OF MASSACHUSETTS 1:= r Barnstable, ss. January 4 2000 John G. Doherty, Jr., under a Power of f Then personally appeared the above named* Sharon M. Frisby and Attorney for acknowledged the foregoing instrument to be her free act and dee b one, 2:. { .... NOa IIC Michael J. Princi My Com ion expires: 9/8/04 3er a Power Attorney for I Ytl - _ r -_ .r ECK I 64 P3242 4O COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. January 4, 2000 Then personally appeared the above named John G. Doherty, JF and 't acknowledged the foregoing instrument to be his free act d eed, fore me, Notary fubil Michas] .1. Princi My Comm sion expires: 9/8/04 COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. January 4 2000 = John G. Doherty,, Jr. under a Power of - Then personally appeared the above nameeSheila ,,Do py and Attorney for acknowledged the foregoing instrument to be her free act "d d ed, fo me, N ary P�bli M,cnacl J. Princi My Com1m on expires: 9/s/o4 COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. January 4 2000 i o}in G D Ile ty Jr., under a Power of Then personally appeared the above named Mary A.Do�iertry end �;; Attorney for acknowledged the foregoing instrument to be her free ac nd fad, b or Notary P,blic ic"e] J. Princi My Commission expires: 9/8/04 i BARNSTABLE-REGISTRY OF DEEDS CASE & RAPP, LLP Attorneys and Counsellors at Law 1645 Falmouth Rd., Suite 1E Centerville,MA 02632 Tel. 508.771.3400 Fax 508.778.1700 E-mail: caserapp6?Dcapecod.net Website: www.caserapp.com Charles C. Case,Jr. Stuart W. Rapp February 4, 2000 Town of Barnstable Board of Health Town Hall 367 Main Street Hyannis, MA 02601 Dear Sir/Madam: This is in regards to Agenda Items B and C on the February 3, 2000 Board of Health Meeting Agenda. This letter is sent for purposes of clarifying the fact that I represent the owner of Lot 35 also known as 49 Lillian Drive, Hyannis and property located at 9 Elaine Road in Hyannis. The owners of those properties are respectively: Lot 35, 49 Lillian Drive, Hyannis—Katherine M. Frucci, Joan M. Millane, Maureen M. O'Donnell, Barbara M. Doherty, Sharon M. Prisby, John G. Doherty, Jr., Sheila M. Doherty, Mary A. Doherty, as Tenants in Common. 9 Elaine Road, Hyannis—John G. and Katherine A. Doherty, Trustees the Doherty Realty Trust. The applicant Davenport Building Company had our complete authority to file the applications which were acted,upon by your Board at the February 3 meeting. I remain, Very truly yours, _.-.------ SWR/sjr, ° Stuart.: . app t Date qa, S C4i ne' vLDl n n 's MIq •O ZIo O( Dear I am writing to inform you of our request for variances from the State Environgiental Code Title V, and from local Board of Health Regulations in egards to our new septic system which will be installed at 47 147//`a-4i �2 . We are requesting a variance from NJOLA Cf 6 Y' a d—C C The Board of Health meeting will be held on Tuesday va- � , 1999 at 7:00 p.m., or as soon thereafter as practicable at the Second Floor Conference Room, New Town Hall, 367 Main Street,Hyannis,MA. The letter is to serve as an official notification to abuttor(s). Sincerely yours, Name Q:heaI Lh\wpfiles\abbutor : • ....................... Town Of Barnstable C/O Health Division Board Of Health 367 Main St Hyannis,Mass .02601 Board Of Health; My name is K.Robert Cole,and along with my wife,Teresa, live at 3 Elaine Rd. Hyannis, Mass . ,where we have lived since 1968 .This letter,after reading the Board Of Health Meeting Agenda on Dec. 13 , 1999 brought to my attention of the item E on your agenda scheduled for the meeting on Dec 14, 1999, in which an application for a variance from 310 CMR 15 . 214 to secure a permit for the construction for a two bedroom dwelling on Lot 35 on Lillian Drive,Hyannis,Mass. I strongly object to anynpermlte be issued on this lot at this time for the following reasons . 1 . I was never notified as an abbutor: as noted .in the enclosed maps. 2 . This lot 35 is also in litigation along with lot33 and is scheduled for land court next year. My attorney,Paul Wightman,who is handling this matter also states as he did on Dec 1 , 1999 in a certified letter to the Board regarding LOt 34, that this matter of Lots 34 and 35 were filed in a complaint #247705 in Land Court on May1 , 1998 . He also has 'a Lis-Pendens filed in Barnstable Record.- Of Deeds . Due to recent surgery,he is unable to attend this meeting,however I am in attendance and plan to object strenuously to any permits granted on lots 34 and 35 at this time until this matter of ownership is court established . Therefore object to the issue of any permits on lot 35 as presented by item E. on the Board Of Health Meeting on Dec. 14, 1999. Thank you for your consideration, Yours truly �ub�eribed and worn to before lm�e this I day of tary u i MARY E.MAFIER Notary Public My Comrnis,ior!I--)ires Sept.10,200A fat ° Z A- op, O o � 03� ` U ® c A bz 5s `�' Kph oh \\10 LPG 6 � O /05 2 Q PP \ ti tia r-O Z 1 O �o Zoo AG ® 3© OVA 31 z!\`0 \\LPG \ 9T .Z3Ac. AC ti e O O� 100 136 N 130 135 A V E. N U E �o 100 144 too h too \ 1P 147 Z34 2. 148 .27AC ?Z3� Z3 23 A C a <s-2 o-►osl 351 171 0 �c�i , 44 2 +►�'. �, ® Ir 145 J 26 PG 14`� � � '2 .81AG q ' . • Fi S 92 \3 D s9 3 2 log do SON p \AOpo 93 5 Z� o • v� C _ a� 50-S /Q` Zk 920 `r / 61 � ��• ' ����`.�� �Z%'sue I�►�►��� � i �� I I� � • • t � .l J I 1 � 4 ( 1 T —I `' � I r ch l co r� N co 90 f ..........IQ e 0000 l\ ```�"\ �.—._-.YJ„_„\i-- �`� .\ \ ':7-•--•-_.A —r 1'\�\`fit 00 j 00i O001-7 \. cn a`.v J I co s i`" 010 r �1F F T.DAV V 1 7 C'F. GUM U t L/:.'r Is Felp, VF'Y/f1/C. /S 2LF/^Q/a 7�17,CrN/�Lr.•rJ !=o R rs F_rra r? • /7CC f//2 igC7•. top oil Jot so Ito )1171 N. 14, I - 01 I /• 4•ti G '" r' I MYON ROVER P CO�LE • / ` `11ERLSA M.COLR V f! NOTES, � Fl �z It r r. � ,� • 1T1119' PLAN IS ' VALID ONLY If IT ID OTAIAPED AND SIGNED IN . RED. — THIS OFFICE AUSUMIT 9 NO RESPONSIOILITY. FOR INFORMATION CONTAINED ON COPIES WIIICII DO Nor HAVE ORIOINAL SUMP® AND SIONAIUREQ. IN RED "AS— — BUILT" PLOT PLAN L n p, !' >Z.T1119 PLAN WAD NOT PREPARED TO �IIE f-�J [��,J 'y'\J. STANOA1109 SET FORIII IN 9130 CMII GEOT ON .04 ,MASS. 111EREFORE THIS PLAN IS NOT TO UE UDED F011` TITLE, INSURANCE" PURPOSED Lot ..,l e-' r2f!-re4or-re2 /7v15 I CERTIFY TO R{, J. - a�HEA�1 ,• SbRVEY�('l AND TO _ ' THAT TO THE BEST OF MY INFORMATION" OWAN 111.VER PLAZA 3�. ROUTE 134 UNIT 3 KNOWLEDGE .AND BELIEF 1 T11E OOUTII DUMB, MA, 02GGb 7; SHOWN ON THIS PLAN I ". Boa 110. IIAB DEEN LOCATED ON • TIM GROUND AO '��� '�'.•. �. .. •...,, INDICATED AND THAT IT 13 LOCATED IN DATE ' '. 'i 1.1f jFLOOD ZONE PER FLOOD INSURANCE 1 , � �i41�f; RATE MAP DATED ,, 4, IC41EIlT 1. •f• �; ' 9C LE �:' .• ' By • nfin^C'r.,•,�I;�i^'�-_�17t� P.11t+-\+:n'rtln ��,r.7(_r^.7• (��. COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS. LAND COURT DEPARTMENT DOCKET NO. 02 c f �' g' KIMYON R. COLE, ) e3 TERESA M. COLE, ) 77. Plaintiffs ) -- V. JOHN G. DOHERTY ) co KATHERINE A. DOHERTY as ) Trustees of the DOHERTY ) VERIFIED COMPLAINT REALTY TRUST, and ) JOHN G. DOHERTY, Jr. ) KATHERINE M. FRUCCI, ) SHELIA M. DOHERTY, ) SHARON M. FRISBY, ) BARBARA M. DOHERTY, ) JOAN M. MILLANE, ) MAUREEN M. O'DONNELL, ) MARY A. DOHERTY ) Defendants ) INTRODUCTION 1. By this action, the Plaintiffs Kimyon R. Cole and Teresa M. Cole, husband and wife, seek equitable relief to establish title by adverse possession in land abutting their residence located in Hyannis, Massachusetts. The Defendants are the record owners of the land the Plaintiffs claim, which land consists of two (2) quarter acre lots. The Plaintiffs' possession of the land has at all material times been open, notorious, Page 1 of 11 r -•. exclusive, adverse and nonpermissive for a period of twenty years. The Plaintiffs have made numerous improvements to the land they claim by adverse possession, including the erection of storage sheds and fences, cultivation of the soil and cutting and planting trees and grass. In addition, the Plaintiffs have also constructed a driveway on the land, stored trailers and boats on the land and maintained the improvements they have made to the land. The Defendant John G. Doherty has recently performed percolation tests on the land and informed the Plaintiffs they intend to develop the land. Accordingly, and in accordance with the provisions G.L. c. 185 § 15, the Plaintiffs seek the Court's endorsement on a Memorandum of Lis Pendens to provide notice of the adverse claim to the land. The Courts jurisdiction over the matter is conferred by GL. c.185 § 1(k) and c. 214 and c. 260. PARTIES 2. Plaintiff Kimyon R. Cole is an individual with a usual address of 3 Elaine Road, Hyannis, MA. 02601. 3. Plaintiff Theresa M. Cole is an individual with a usual address of 3 Elaine Road, Hyannis, MA 02601. 4. Defendant Katherine M. Frucci is an individual with an address of 42 Warehouse Road, Hyannis, MA 02601 and 147 Pleasant Street, South Yarmouth 02664. Page 2 of 11 i f 5. Defendant John G. Doherty, Katherine A. Doherty are individuals and Trustees of Doherty Realty Trust, with an address of 42 Warehouse Road, Hyannis, MA 02601. 5. Defendant Sheila M. Doherty is an individual with an address of 211 Pleasant Street, South Yarmouth, MA 02664. 6. Defendant Barbara M. Doherty is an individual with an address of 36 Miriah Drive, Yarmouthport, Massachusetts, 02675. 7. Defendant Joan M. Millane is an individual with an address of Snipsic Lake Road, Ellington Ct. 8. Defendant Maureen M. O'Donnell is an individual with an address of 1417 Cando Place, Jacksonville, North Carolina. 9. Defendant Mary A. Doherty is an individual with an address of 211 Pleasant Street, South Yarmouth, MA 02664. 10. Defendant Sharon Frisby is an individual with an address of 56 Cobblestone Road, Barnstable, Massachusetts, 02603. Page 3 of 11 STATEMENT OF FACTS 10. The property at issue is shown on a recorded subdivision plan entitled: "Graig Port a Residential Subdivision in (West Hyannis), Mass., property of Rolkin Realty Trust", which plan is duly filed in the Barnstable County Registry of Deeds in Plan Book 1.65, Page 41. The plan shows the Plaintiffs' property and residence as Lot No. 36, and the abutting Lot No. 34 & 35. A copy of the plan is attached hereto and incorporated herein by reference as "Exhibit 1." 10. The Defendants John G. Doherty and Katherine A. Doherty, are the Trustees of the Doherty Realty Trust, under a declaration of Trust duly recorded at the Barnstable Registry of Deed in Book 416, Page 154, and the record owners of Lot No. 34 as shown on said plan, which land is more fully described in Barnstable Registry of Deeds Book 5483, Page 227, located at 9 Elaine Road, Hyannis, MA 02601. A copy of the deed is attached hereto and incorporated herein by reference as "Exhibit 2." 11. The Defendants Katherine M. Frucci, John G. Doherty, Sheila M. Doherty, Barbara M. Doherty, Joan M. Millane, Maureen M. O'Donnel and Mary A. Doherty and Sharon M. Frisby are tenants in common and the record owners of Lot No. 35, which land is more fully described in Barnstable Registry of Deeds Book 5483, Page 226, located at 49 Lillian Drive, Hyannis, MA 02601. A copy of the deed is attached hereto and incorporated herein by reference as "Exhibit 3." Page 4 of 11 I 12. Upon information and belief, John Doherty hereafter ("John Doherty Senior") is the farther of the defendant John G. Doherty; and John Doherty Senior entered into a partnership agreement with a company called National Homes, hereafter ("National"). Under the partnership agreement John Doherty Senior was to supply the land upon which National would construct single family dwellings and offer them to prospective buyers. 13. On or about October 21, 1963, Byron Coffin, Jr., and Isabel A. Coffin, husband and wife, hereafter the ("Coffins"), purchased Lot No. 36, described in Barnstable Registry of Deeds Book 1223, Page 117 and are the Plaintiffs predecessors in title. 14. The Coffins purchase of Lot No. 36 included an existing concrete foundation to support a single family home. The Coffins moved the foundation northeast and closer to the side and rear lines of the adjoining Lot No. 34 & 35 at the time they purchased the property. 15. After the foundation was moved, and upon information and belief, the Barnstable Town Building Inspector concluded that the new location of the foundation violated the provisions of the Barnstable Zoning Bylaws concerning property line setbacks. 16. To provide a remedy to the zoning violation, the Coffins then entered into an option to purchase the adjoining Lot No. 34 & 35 from John Doherty Senior for $1,500.00 each. Page 5 of 11 17. On or about 1968, the Coffins separated, divorced aria decided to sell Lot No. 36 to the Plaintiffs and the Plaintiffs then entered into a five (5) year lease agreement with the Coffins with an option to purchase the residence and land contained in Lot No. 36. 18. The Coffins stated to the Plaintiffs that the option agreement between John Doherty Senior and the Coffins to purchase Lot No. 34 & 35 would be assigned to the Plaintiffs and the assignment was approved by John Doherty Senior and the Plaintiffs purchase of the abutting Lots would occur under the same terms as the Coffins and John Doherty Senior had agreed to. 19. Beginning in 1968, and under color of title, the Plaintiffs leased the land for a period of five (5) years. The Plaintiffs took exclusive possession of Lots No. 34, 35 & 36, and exercised dominion and control over said Lots. The Plaintiffs cut and planted trees and grass, erected fences, built storage sheds, constructed a driveway and stored boats and trailers on the Lot No. 34 & 35. 20. In July of 1974, the Plaintiffs exercised their option to purchase the land and home contained on Lot No. 36. The conveyance from the Coffins to the Plaintiffs is more fully described in Barnstable Registry of Deed Book 2106, Page 256, located at 3 Elaine Road, Hyannis MA. 02601. A copy of the deed is attached hereto and incorporated herein by reference as "Exhibit 4." Page 6 of 11 I_ 21. The Plaintiffs then approached John Doherty Senior regarding the options to purchase Lot No. 34 & 35 and John Doherty Senior informed the Plaintiffs that the option agreements had expired and he would not sell the land to the Plaintiffs. 22. The Plaintiffs considered John Doherty Senior's action a breach of the option to. purchase agreement concerning Lot No. 34 & 35, and on or about July 1974, informed John Doherty Senior that the Plaintiffs intended use, occupy and take possession of said. land with or without options to purchase the land and that they were lawfully entitled to the land and that the matter would have to be resolved in the Land Court. 22. In 1974, the Plaintiffs did not vacate Lot No. 34 & 35 and continued to occupy, use and exercise exclusive dominion and control over Lot No. 34 & 35 which occupation, use and exclusive dominion and control over said land continued for the next twenty years. 23. The Plaintiffs' adverse use of Lot No. 34 & 35 has for twenty years been open, notorious, exclusive, adverse and nonpermissive. 24. In 1992, and again in 1998, the Plaintiffs retained a registered land surveyor to survey Lot No. 34 & 35. The Plan is entitled "As Built Plot Plan in West Hyannis, MA, prepared for Kimyon R. & Teresa M. Cole", drawn by R.J. O'Hearn, P.L.S., and dated, March 19, 1998, Scale, 1" = 30 ft. The plan shows the various improvements which the Plaintiffs made to the Lot No. 34 & 35. A copy of the Plan is attached hereto and Page 7 of 11 incorporated herein by reference as "Exhibit 5." COUNT (Claim of Adverse Possession ) 26. The Plaintiffs reallege and incorporate herein by reference all of the allegations contained in paragraphs 1-25. 27. The Plaintiffs have been in actual, exclusive, and adverse possession of the real property of the Defendants for a period of twenty years prior to the filing of this Complaint and by their adverse claim own the land in fee simple. 28. The Plaintiffs use of the Defendants land began under color of title and right and they remained in constructive possession of Lot No. 34 & 35. 29. The Plaintiffs use of the Defendants land has been nonpermissive for twenty years. COUNT II (Declaratory Judgment & Injunctive Relief) 30. The Plaintiffs' claim that a real and genuine controversy exists between the parties within the meaning of G.L. c. 231A, which controversy involves ownership and subsequent rights of the parities in the land at issue. 31. Plaintiffs have acquired the fee simple interest by adverse possession in Lot No. Page 8 of 10 34 & 35 herein identified and are entitled to a declaration stating their rights in said land and establishing their fee simple title to said land. WHEREFORE, Plaintiffs request judgment against the Defendants, jointly, as follows: 1. Grant the Coles preliminary injunctive relief that; a. Precludes the Defendants, and each of them, from conveying, entering upon, damaging or removing improvements to Lot No. 34 & 35, which Plaintiffs claim b 9 9 9 P Y adverse possession and from damaging any of the improvements made to said land or encumbering, or otherwise, developing or disposing of Lot No. 34 & 35, until such time as the rights of the parties have been determined by this Honorable Court 2. Enter Judgment for the Plaintiffs on all Counts of its Verified Complaint and declare that they have met their burden of proof in establishing all of the elements necessary to establish title by adverse possession In Lot No. 34 & 35. 3. Declare that the Plaintiffs have established fee simple title to all of land identified in Lot No. 34 & 35 or in the alternative to that portion of Lot No. 34 & 35 which they have occupied, used and adversely possessed. 4. Declare that the Plaintiffs are entitled to the quiet, lawful and peaceful possession thereof; Page 9 of 10 4. Grant the Plaintiffs such other relief as the Court deems just and fair. Respectfully submitted, Kimyon R. Cole Teresa M. Cole J3yAKieir ttorne r aul C. Wightman, E Attorney & Counsel At Law 3267 Main Street P.O. 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TT s °'re oaoo °0.O0 - ' AVENUE A•.' 77 er+nL' 1Os60 d ... • .r„.,.•woo 'ns^ Ner sJ'>D'[- r�lss -- +,` ',�� •�. e..� .. •. -• moon toad s7 /o 92o rm 4J e0• ,a00u DS 8 9 fJ.] es • 'QOW o 0 79 C2 Aa a laaoo laaoo �CRAI G • PORT to50o i 2ooa5 i . ♦ o� 10 10000 I 6J o0 ./ Opp .0000 1 �� y�° ;d OOp � roaao . Q y /79eS a� rauro _Se]'S]Jo'w y0 "` A RESIDENTIAL SUBDIvISION - !Jw WEST HYANNIS,MASS. Ate.s 0 PRO,K QT1 v p , c .d.•`E ROLKIN QEALTY TRUST,...r.,t,<rw_._. z; •� I JCw�[ r "IT /� �/yam � to }[�EMeea r96i - -Ct�OGO Cr:n LL£ i q. aoox5483 227 QUITCLAIM DEED 94490 CAPE COD BUILDING SUPPLIES, INC.,a Massachusetts Corporation, ^ duly organized by law, with a usual place of business at 63 Warehouse Road, Hyannis, Town and County of Barnstable, Commonwealth of Massachusetts, In consideration of One Dollar($1.00)paid,grants to John G. Doherty and Katherine A. Doherty, Trustees of THE DOHERTY REALTY TRUST, under written Declaration of Trust recorded at the Barnstable County Registry of Deeds In Book 4167, Page 154, both of Pleasant Street,South Yarmouth j..:� (Bass River), Barnstable County, Commonwealth of Massachusetts, with QUITCLAIM COVENANTS, the land in Barnstable (West Hyannis),Town i and County of Barnstable, Commonwealth of Massachusetts, being more particularly shown and described as LOT 34 on a Plan of Land entitled c "Craig Port a Residential Subdivision in West Hyannis, Mass. property of Rolkin Realty Trust.(Frank L. Elkin(Trustee) September 1961 Ed Kellogg j - Engr. -Osterville", duly recorded in the Barnstable County Registry of Deeds in Plan Bock 165, Page 41. tc� r For title reference see Deed recorded at the Barnstable County j • Registry of Deeds in Book (u?,I , Page t..S c j IN WITNESS WHEREOF, the said Cape Cod Building Supplies, Inc., r, a Masschusetts Corporation, causes its corporate seal to be hereto affixed F and there presents to be signed,acknowledged and delivered in its name q' and behalf by John G. Doherty, its President and Treasurer, this�day j 4,. i of December, 1986. s, CAPE COD BU1 NG S PPLIES, LNC•, / ohn Doherty, President & Treas r as r COMMONWEAL7/1l OF MASSACHUSETTS Barnstable,ss: December 1986 Then personally appeared before me, the above-named John G. Doherty, President and Treasurer of Cape Cod Building Supplies,Inc.,and acknowledged ''- the foregoing instrument to be the free act and deed of Cape Cod Building f Supplies,Inc.. i. += Notary Public My Commission Expires: t f LAW OIP,CES ` aF REARDON.THOMAS 6 BAILEY.PC }.l�.M.Ad BCAPX"S WAY 1' A,O BAIXTT IwK POST IIIIIC!Bpx 9n WSS.O]EpI aIn»I-.e.., t�U�;UtD GEC 29 86 s BARNSTABLECOUNTY REGISTRY OF DEEDS A TRUE COPY,ATTEST JQHN FI MFAP5,R i0IBTCri i l_ � k j III 5w*483 escE : 2t I� QUITCLAIM DEED 94489 Cape Cod Building Supplies,inc.,a Massachusetts Corporation,duly organized by law,with a usual place of business at 63 Warehouse Road, j ! Hyannis,Town and County of Barnstable, Commonwealth of Massachusetts, i In consideration of One Dollar($1.00)paid,grants to Katherine M. Frucci, J of 147 Pleasant Street,South Yarmouth (Bass River), Massachusetts;Joan I f!! - j M. Millane,of Snipsic Lake Road, Ellington,Connecticut; Maureen M.O'Donnell, of 1417 Cando Place,Jacksonville, North Carolina;Barbara M. Doherty of 36 Miriah Drive, Yarmouthport, Massachusetts;Sharon M. Frisby,of } 56 Cobblestone Road, Barnstable, Massachusetts;John G. Doherty, Jr., of 211 Pleasant Street,South Yarmouth(Bass River), Massachusetts; Sheila M. Doherty of 211 Pleasant Street,South Yarmouth(Bass River), Massachusetts; and Mary &Doherty,of 211 Pleasant Street, South Yarmouth (Bass River), j Massachusetts,as Tenants in Common, with QUITCLAIM COVENANTS, the land in Barnstable (West Hyannis),Town and County of Barnstable, Commonwealth of Massachusetts, being more particularly shown and described } as-LOT 35 and LOT 40 on a Plan of'Land entitled"Craig Port a Residential Subdivision in West Hyannis, Mass. property of Rolkin Realty Trust.(Frank ' L. Elkin(Trustee) September 1961 Ed Kellogg- Engr. -Osterviile", duly recorded in the Barnstable County Registry of Deeds In Plan Book 165, Ii Page 41. For title reference see Deed recorded at the Barnstable County Registry of Deeds in Book 1y3y , Page 4,SO !� IN WITNESS WHEREOF, the said Cape Cod Building Supplies, Inc., a Masschusetts Corporation, causes its corporate seal to be hereto affixed and there presents to be signed,acknowledged and delivered in its name and behalf by John G. Doherty, its President and Treasurer, this A('day h of December, 1986. ! Capo od Build g Supplies, Inc., hn G. Doherty, President 6 Tre surer i Z COMMONWEALTH OF MASSACHUSETTS it - Barnstable,ss: December L9 1986 Then personally appeared before me, the above-named John G. Doherty, President and Treasurer of Cape Cod Building Supplies, Inc., and acknowledged the foregoing Instrument to be the free act and deed of Cape Cod Building it Supplies, Inc.. 0- Notary Public My Commission Expires: /e / li REARDOK THO.AS 6 9ALEV,V.C. I' '' CO,,,dER Oi BEIIASCS Wnv -T r,v,.1A15.MA55.a2E0+ ', - � I DEC 29 86 lI I �BARINSTA.BLE COUNTY , {3EG!STRY OF DEcOS f rr UE COPY: ,ATTEST a y III _JOHN F.MEADE,RFGISTER il; . 23502 Yls, A, BYRON COFFIN, JR. and ISABEL A. COFFIN, husband and wife, as tenants by the 235 Andros, Marritt'Island, Florida ---.� of paid �cY,yffdHCJN,for the full conuder►tion of $21,000.00 as tenants i(IMYON R. COLE and TERESA M. COLE, husband and wife, grant to• I by the entiretyr both of 36 Elaine Road, Barnstable (Hyannis) , Barnstable County, Massachusetts, (Hyannis) ,le Barnstable County, with quttr(alm ranraa.[do the land in Barn any buildings thereon, bounded and des Massachusetts, together with any cribed as follows: as shown on a by SOUTHERLY Elaine Road and Carlotta Avenue, plan hereinafter mentioned, one hundred thirty-six and 75/100 (136.75) feed one hundred and 00/100 Lot 37, as shown on said plan, WESTERLY by (100.00) feet( Lots 38 and 35, as shown on said plan, ninety-three NORTHERLY by and 38/100 (93.38) feed and and EASTERLY by Lot 34, as shown on said plan, ninety-eight , 16/100 (98.16) feet. I Being LOT 36 containing 11,705 square feet, more or less, as 1 1 — in Port a Residential Subdivision 61 led: Craig tember 19 , shown on a plan ent>.t of Aolkin Realty Trust, Sep West Hyannis, Mass. property an is duly filed in the Barnstable Ed. Kellogg; Eng'r•", which said pl 41. f County Registry of Deeds in Plan Book 165 Page The above described premises are conveyed subject to and with purposes for which streets or �. the benefit of a right of way for all p P Hyannis, in, ever and . ( ways may customarily be used en8s shown Onf said tplan herein referred x.' upon the named streets or way 3 to in common with others entitled to the use thereto•subject to a Road ?l` The above described premises are conveyed subj ortion of nd 4 Taking by the Town of Barnstab11965 ande of irecordedne Road ain said Registry in Carlotta Avenue dated April 2, and Electric Company an easement to Cape 6 Vineyard Book 1295 Page 1147f an dated October 23, 1962 and New England Telephone and Telegraph Come a 36 and to the restricti Registry in Book 1179 Pag and recorded in said Reg 3 contained in an instrument dated December 20, 1962 and recorded n said Registry in Book 1188 Page 522. deed from Hyannis 2 ( the same premises conveyed to us by Being 1963 and recorded in Inc. dated October 2L, I Real Estate Exchange, said Registry in 'Book 1223 Page 117. I 19 74 t /a day of T� Eaec ted ►sealed imtru J 1 ro o r I S(�T,yAT(EE OF FLORIDA Jill X7�Hri 71fC1��'•• �' ---- c ►J.I IOfI ..-. 1 1974 I I..oNrt -. ' -�-�H��.�-• �s�Jc,lJc Byron CO iii r— .red the.bove named A. B I •n,eP perwp,.,J,lor�.•.wwe ,.;f%ti J Hre�• i,•��%.; If lime actl ed 0 t` 1 pwled od th!fompo IP{[rumen[to be BOWS use, f :yl`::.�j ..�. •G tl �! , •Ate- 6l t ,.`' ,•}�' My oomminloaA6D'w.'.' fh[d'ikMjH+[ '•.r ^. .y-` M,c�Mr.r>swrtutnr._�•dua:��rntly ►OWD IHtb�QLI( tAl�MSUFIJtt.f' , I ... r i1 I l J I O Q U' IF- 0 F- y DO o y rn 100.00 i N gg�0 Ij 4:7 9 s a C, i w cn J. o S0 ` O Ln d \ / O O j PAVED DRIV v �O ` � � (O•\ o I op p g O 6 9Q O ,00 0 -1 w mA om IL VERIECATION S I, Kimyon R. Cole being first duly sworn, say that I am one of the Plaintiffs in the above- captioned matter; that I have read the foregoing Verified Complaint and examined the Exhibits attached hereto, and knows the contents thereof; that I am acquainted with the facts alleged in the Verified Complaint and that the same is true to my own knowledge, except as to those matters therein alleged on information and belief, and to those matters I believe them to be true and that I am united in interest in this action with his Co-Plaintiff Teresa M. Cole. p Kimy R. Cole 36 Elaine Road Hyannis, MA Subscribed and sworn to before me this day of April 28,1998. tary Public My Commission Expires: Page 9of9 VERIFCATION I, Kimyon R. Cole being first duly sworn, say that I am one of the Plaintiffs in the above- captioned matter; that I have read the foregoing Verified Complaint and examined the Exhibits attached hereto, and knows the contents thereof; that I am acquainted with the facts alleged in the Verified Complaint and that the same is true to my own knowledge, except as to those matters therein alleged on information and belief, and to those matters I believe them to be true and that I am united in interest in this action with his Co-Plaintiff Teresa M. Cole. KimyM R. Cole 36 Elaine Road Hyannis, MA Subscribed and sworn to before me this day of April 28,1998. tary Public My Commission Expires: Page 9 of 9 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS. LAND COURT DEPARTMENT DOCKET NO. KIMYON R. COLE, ) TERESA M. COLE, ) Plaintiffs ) V. ) JOHN G. DOHERTY ) KATHERINE A. DOHERTY as ) Trustees of the DOHERTY ) AFFIDAVIT OF ATTORNEY REALTY TRUST, ) PAUL C. WIGHTMAN JOHN G. DOHERTY Individually, ) KATHERINE M. FRUCCI, ) SHELIA M. DOHERTY, ) SHELIA M. FRISBY, ) BARBRA M. DOHERTY, ) JOAN M. MILLANE, ) MAUREEN M. O'DONNELL, ) MARY M. DOHERTY ) Defendants ) Now comes Paul C. Wightman, Esq., and under oath does depose and say as follows.. 1. My name is Paul C. Wightman, Esq., and I am an attorney admitted to practice in the Commonwealth of Massachusetts, with an office at 3267 Main Street, Barnstable, Massachusetts, 02630 and I represent the Plaintiffs in this matter. 2. On April 21 , 1999, 1 served copies of the Notice of Lis Pendens attached hereto, with the endorsement of the court allowing same thereon, to all the Defendants listed in the above-captioned lawsuit, by mailing said copy, to the Defendants attorney L r of record by certified mail . I further served said Motion and Endorsement of Lis Pendens by the Land Court on the parties by serving a copy of same through the Deputy Sheriff of Barnstable County on June 30, 1998 with service of the Complaint. The court endorsed the Lis Pendens again on October 30, 1998 because the original endorsement by the Court was lost or misplaced and an original signature is required for filing at the Registry of Deeds. Signed under the pains and penalties of perjury this 21" day of April, 1999. Respectfully submitted, Kimyon R. Cole Teresa M. Cole By their Attorney C. Wightman, sq. ttorney & Couns for At Law 3267 Main Street P.O. Box 1048 Barns table, MA 02631 Telephone (508) 362-1900 Dated: April 21, 1999 131- 1 2214 P 1 _4 � 1 h ��-- 04-21=1!999 i-1 0` = 0 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS. LAND COURT DEPARTMENT DOCKET NO. 247705 KIMYON R. COLE, ) TERESA M. COLE, ) Plaintiffs ) V. ) JOHN G. DOHERTY ) KATHERINE A. DOHERTY as ) Trustees of the DOHERTY ) NOTICE OF LIS PENDENS REALTY TRUST, ) JOHN G. DOHERTY Individually, ) KATHERINE M. FRUCCI, ) SHELIA M. DOHERTY, ) SHARON M. FRISBY, ) BARBARA M. DOHERTY, ) JOAN M. MILLANE, ) MAUREEN M. O'DONNELL, ) MARY M. DOHERTY ) Defendants ) To All Persons-. Notice is hereby given that there has this day been filed in the Land Court, within and for the County of Suffolk, Massachusetts, a Complaint naming the above-captioned Defendants. Said Complaint affects the title, use and occupation of certain parcels of land with, located in Hyannis, Barnstable County, Massachusetts, for which the said named defendants are the record owners, The affected land is more fully described in deeds recorded at the Barnstable Registry of Deeds, Book 5483, Page 226 and 5483, Page 227. For further particulars you are referred to the undersigned attorney, and the Complaint on file in the above action. This notice is filed and recorded in accordance with the provisions of G.L. c. 185 § 15. t Respectfully submitted, Kimyon R. Cole Teresa M. Cole By their Attorney ul C. �Wig htman, Attorney & Couns or At Law 3267 Main Street P.O. Box 1048 Barns table, MA 02631 Telephone (508) 362-1900 Dated: October 3'9'1998 FINDINGS OF THE COURT After the filing of a Motion For Endorsement of Lis Pendens and a hearing, the Court Finds the subject matter of the above-described litigation constitutes a claim that affects title to real property or the use and occupation thereof. I Justice, L d Court Dept. Massach setts Trial Court 1 sty , w 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 15.410: Variances - Standard of Review (1) Local approving authorities and the Department may vary the application of any provisions of 310 CMR 15.000 with respect to*any particular case except those listed in 310 CMR 15.415. Variances shall be granted only when, in the opinion of the approving authority: (a) The person requesting a variance has established that enforcement-ofthe provision iof 3,LO CMR l5 000.-fiom1w}iich a variance,is sought:would. be-marifestl unjust? y � g-- Y... j considering all the relevant facts and circumstances of the individual�- any case; d (b) The person requesting a variance has established thatlevel'-ofaenuuonmental rotectron that°is at least `viva eenttto that provided.undif.310 CMR 15.000 can-be actuev�ediwithout stnciwapplication of=the p ision of sis 310+CMR-15:000 from whic a��� x �• `f-- - ��--� wananceas�sought: (2) With regard to variances for new construction,enforcement of the provision from which a variance is sought musi be;shownao deprive the�applicant of.substanually,allebeneficial use ;of tie su§j,ct,propeity in`order to be mani estly unjust `� 15.411: Process for Seeking a Variance From Local Approving Authorities (1) The local approving authority shall review requests for variances as follows. (a) Every request for a variance shall be in writing and shall make reference to the specific provision of 310 CMR 15.000 for which a variance is sought and a statement in compliance with 310 CMR 15.410 (b) Nofapplication forNa vanance shallJbe�cornplete9unnl theapphcant hasnotifed:all abutters by'certified Mail..at�own expense at> ast ten days befo e the Board. f Healttii neean'g at�w` l"ct the variance request will be o the agenda The notification shall reference the specific provisions of 310 CMR 15.000 from which a variance is sought,a statement of the standards set forth in 310 CMR 15.410 and the date, time and place where the application will be discussed. 1 (2) Emergency repairs pursuant to 310 CMR 15.353 may be performed without seeking a variance. The owner of the system must seek a variance within 30 calendar days after performing the emergency repairs. i (3) Any variance allowed by the local approving authority shall be in writing. Any denial 1 of a variance shall also be in writing and shall contain a brief statement of the reasons for t the denial. A copy of each variance shall be conspicuously posted for 30 days following its issuance; and shall be available to the public at all reasonable hours in the office of the city i or town clerk or the office of the Board of Health while it is in effect. (4) A request for a variance for a residential facility with four units or less (as described in M.G.L. c. 111, § 31E) shall be deemed constructively approved by the local approving authority if the local approving authority does not act upon it within 45 days of receipt of a complete application. Such variances are still subject to review by the Department in accordance with 310 CMR 15.412. 15.412: Review of Variances by the Department (1) Except as provided in 310 CMR 15.412(4), the applicant shall file a copy of each variance granted by the local approving authority with the Department together with the fee specified at 310 CMR 4.00. The Department shall review all those issues raised before the local approving authority and may review other issues raised by the application, all in accordance with the standards set in 310 CMR 15.410. (2) The Department shall approve, disapprove or modify the variance granted by the local approving authority, or shall request additional information to be provided by the applicant, within 30 calendar days of the Department's receipt of the request. If the Department has requested additional information, it shall approve, disapprove or modify the variance within 30 days of receiving the applicant's response. 3/24/95 (Effective 3/31/95) 310 CMR - 555 w q,k 310 CMR: DEPARTMENT OF ENVIRONMENTAL'.PROTECTION 15.412: continued (3) No woik shallbe'done tindery v`aran a T,equestfoi whichDe artmentapproyalrs t ues T Y.. P _ required until the Department has approved it or TO—days (or any extension thereof pursuant to 310 CMR 15.412(2)) has elapsed without its comment. (4) No Department review of the following variances is required where the variance has been approved by the local approving authority: (a) Reduction of system location setbacks otherwise established in 310 CMR 15.211 for property lines,provided that a survey of the property line shall be required if a component is to be placed within five feet of the property line,and no such reduction shall result in the soil absorption system being located less than 10 feet from a soil absorption system on an abutting property; (b) Reductions of system location setbacks from cellar wall, swimming pool, or slab foundations. (c) With the exception of those watersheds (Ware, Quabbin and Wachusett) to which the provisions of 350 CMR 11.00 (MDC Watershed Protection regulations) apply, local approving authorities may,after consultation with the local water supplier,issue variances for the siting of systems within the setbacks to surface water supplies or to tributaries to surface water supplies and may exempt tributaries consistent with the standards and procedures of 350 CMR 11.00 without Department approval provided that no such variance or exemption shall result in the siting of a septic tank or soil absorption system within 200 feet of said surface water supplies or 100 feet of said tributaries, or siting of a septic tank within 25 feet or a soil absorption system within 50 feet of any surface water. Copies of all such variances for uses and exemptions of tributaries shall be submitted to the Department. 15.413: Conditioning of Variances (1) The local approving authority or the Department may issue variances subject to such conditions, including, but not limited to, monitoring and reporting requirements, deed recordation requirements,financial assurances or other qualifications on the use of the system, as it deems necessary to protect public health and safety and the environment. Any conditions shall be expressed in writing in allowing the variance. (2) Any denial of a variance by the local approving authority or the Department may direct the applicant to upgrade an existing system consistent with the requirements and standards of 310 CMR 15.404 and 15.405. Failure to do so may be the subject of enforcement action by the local approving authority or the Department. 15.414: Variances for Increased Flow to Existing Svstem Local approving authorities and the Department may vary the application of any provisions of 310 CMR 15.000 with respect to any particular case involving increased flow to an existing system only when in the opinion of both the Department (except as provided in 310 CMR 15.412(4)) and the local approving authority all of the following conditions are met. A showing by the person requesting a variance that the proposed variance would satisfy the maximum feasible compliance provisions as set forth in 310 CMR 15.404 and 15.405 shall not presumptively entitle such person to a variance. (1) The person requesting a variance has established that strict enforcement of the provision of 310 CMR 15.000 from which a variance is sought would be manifestly unjust,considering all the relevant facts and circumstances of the individual case including, at a minimum, the following: (a) the owners of any such system for which permit applications were filed after March 31, 1995 shall be deemed to have had knowledge that full compliance with the requirements applicable to new construction is preferred; (b) the costs of full compliance with the requirements applicable to new construction shall be compared to the costs of compliance with a variance; and (c) whether an upgrade in full compliance with 310 CMR 15.000 is feasible without increased flow. 3/24/95 (Effective 3/31/95) 310 CMR - 556 �xt 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION' 15.414: continued , (2) The system cannot be.brought into full compliance through any of the following: (a) an upgraded system which is in full compliance with 310 CMR 15.100 through 15.293; (b) an alternative system which has been approved for such use pursuant to 310 CMR 15.284 (remedial use), 15.285 (piloting), 15.286 (provisional approval), or 15.288 (certification for general use); (c) a shared system which has been approved for such use pursuant to 310 CMR 15.290 and 15.291; or (d) connection to a sewer system. (3) The upgraded system with the increased flow provides better protection of public health and safety and the environment than the existing system with no increase in flow. Increased flows not in compliance with 310 CMR 15.000 will rarely provide better protection than existing flows to a system designed and constructed in compliance with the 1978 Code or 310 CMR 15.000, but are more likely to constitute improvements over nonconforming or failed systems. 15.415: Provisions From Which No Variance May be Grant-d (1) No variance from the minimum requirement of four feet of naturally occurring pervious material set forth in 310 CMR 15.240(1) shall be granted for new construction. (2) For upgrade of systems, or increase of flow to existing systems, no variance from the minimum requirement of four feet of naturally occurring pervious material set forth in 310 CMR 15.240(1)shall be granted unless the applicant demonstrates that alternatives for siting an on-site system with four feet of naturally occurring pervious material or connection to a sanitary sewer or connection to a shared system are not feasible. Where no such alternatives are feasible, a variance to allow the repair or replacement in the disposal area with no less than two feet of naturally occurring pervious material may be considered upon the applicant's demonstration of the following: (a) evidence, the result of deep observation hole testing, that the four feet requirement cannot be met anywhere on the site; (b) evidence that easements to adjacent property on which a system in compliance with the four feet requirement could be installed have been requested and can not be obtained; and (c) evidence that site testing to establish high ground-water elevation conducted in accordance with the procedures set forth in 310 CMR 15.103 has been conducted in conjunction with preparation of design plans and specifications for the repair or replacement. 15.416: Variances for Schools (1) For purposes of 310 CMR 15.416, a school means any public or privately-owned elementary, middle, or secondary school. University, college or other adult educational facilities, regardless of ownership, are not considered schools for these purposes. (2) The Department may vary the application of provisions of 310 CMR 15.000 as specified in 310 CMR 15.416 where a school demonstrates to the satisfaction of the Department that: (a) the variance is necessary to accommodate an overriding community, regional, state or national public interest; and (b) a level of environmental protection that is at least equivalent to that provided under 310 CMR 15.000 can be achieved without strict application of the provision of 310 CMR 15.000 from which a variance is sought. The provisions of 310 CMR 15.411 through 15.413 shall apply to such variances. d 3/24/95 (Effective 3/31/95) 310 CMR - 557 L,! 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 15.416: continued (3) The Department may vary the design flow values for elementary, middle or secondary schools set forth in 310 CMR 15.203(5), where the applicant: (a) satisfies the criteria of 310 CMR 15.416(2); 4 (b) demonstrates through the use of metered maximum daily water flow readings from the facility or similar facilities in the same or surrounding communities that because of water conservation techniques or other factors flows are or will be substantially different from those contained in 310 CMR 15.203(5), including consideration of occupancy and use rates; and (c) demonstrates that system design has also accounted for any anticipated pollutant loadings and greater concentration of pollutants that result from reducing flows. If the Department grants such a variance, it shall require determination of design flows based on 200% of the average daily water meter readings when school is in session in order to assimilate maximum daily flows. (4) If any school with a design flow of 10,000 gpd or greater but less than 15,000 gpd is threatening public health, safety and the environment pursuant to 310 CMR 15.304(2), a groundwater discharge permit will be required unless the Department determines after consideration of the factors set forth in 310 CMR 15.304(3) that this requirement would be manifestly unjust and the owner or operator of the school has established that a level of environmental protection that is at least equivalent to that provided under 310 CMR 15.000 can be achieved without strict application of this requirement. 1 1 (5) The Department may vary the prohibition on increased flows to systems with design flows between 10,000 and 15,000 gpd set forth in 310 CMR 15.006(3),where the applicant: j (a) satisfies the criteria of 310 CMR 15.416(2) and 310 CMR 15.414(3) (increases in flow to existing facilities); (b) demonstrates that there are no reasonable conditions or alternatives that would allow the system to be expanded in compliance with the provisions of 310 CMR 15.000 or other applicable requirements; and (c) demonstrates that the upgraded system with the increased flow provides better protection of public health and safety and the environment than the existing system with t no increase in flow. 15.417: Variances from Percolation Rate (1) To assist in determining the advisability of revising the slowest allowable percolation rate as set forth in 310 CMR 15.245, the Department may permit the construction of up to 20 single family dwellings per year in accordance with 310 CMR 15.417. All other provisions of 310 CMR 15.000 shall apply to such sites. (2) Process. No earlier than March 31, 1995 the Department shall publish a,request for proposals informing applicants how to apply for such approvals, including any deadlines, information requirements, and preference criteria. A completed application shall include a proposed monitoring plan, and a letter from the local approving authority stating its support for the application. Upon the Department's approval of a site under 310 CMR 15.417, the applicant shall obtain a Disposal System Construction Permit from the local approving ; authority. f (3) The Department shall not approve under 310 CMR 15.417 any site located within a t nitrogen sensitive area. f (4) The Department and the local approving authority shall impose such conditions as they deem appropriate for the protection of public health and safety and the environment. Any approval under 310 CMR 15.417 shall include a monitoring plan which includes at least an 3 annual inspection of the system for at least the first seven years of operation. (5) The owner or operator shall provide written notice to any new owner or operator that the system has been constructed pursuant to 310 CMR 15.417. Such notice shall include notice of the general conditions and any special conditions applicable to the system. r 3/24/95 (Effective 3/31/95) 310 CMR - 558 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION ' 15.417: continued (6) No applicant shall be deemed to be entitled to selection of his or her.site under 31,0 CMR 15.417, and the selection determination shall not be subject to the review process set forth in 310 CMR 15.422. A rejected applicant may file an application for a Disposal System Construction Permit pursuant to 310 CMR 15.020, and if necessary may seek a variance pursuant to 310 CMR 15.410 through 15.415. 15.420: Appeals of Variance Determination (1) The denial of a variance is not an order. (2) Variances which are reviewed by the local approving authority but not acted on by the Department may be appealed pursuant to 310 CMR 15.421. (3) Variance requests which are reviewed and decided by the Department may be appealed pursuant to 310 CMR 15.422. 15.421: Appeals From Determinations by Local Approving Authority Any person aggrieved by any order, variance, issuance or denial of a Disposal System Construction Permit,Local Upgrade Approval or Certificate of Compliance issued by a local approving authority may appeal to any court of competent jurisdiction as provided for by the laws of the Commonwealth. 15.422: Appeals of Departmental Determinations (1) An applicant who is aggrieved by a variance determination by the Department may request an adjudicatory hearing on that determination in accordance with 310 CMR 1.00 and M.G.L. c. 30A. (2) Any person aggrieved by an order, or by a commonality determination pursuant to 310 CMR 15.011,issued by the Department, may request an adjudicatory hearing in accordance with the provisions of 310 CMR 1.00 and M.G.L. c. 30A. 15.500: Purpose i The provisions of 310 CMR 15.500 through 15.505 are intended to provide for safe, efficient and economical means of collecting transporting and disposing of septage. s 15.501: Regional Abatement Districts (1) Handling of septage through regionalized authorities or districts can promote public safety, efficient regional planning, sufficient capacity and cost-savings for individuals, the Commonwealth and its political subdivisions. (2) One or more cities and towns,pursuant to the provisions of M.G.L.c.21,§§29 and 30, and M.G.L. c. 111, §§ 31 and 31D may enter into an abatement district for the purpose of arranging for the transport and disposal of septage generated within their boundaries. A j model regulation for the purposes of forming a district may be obtained from the Department. 15.502: Transportation (1) No person shall remove and transport septage through the streets of any city or town or via any state or federal highway located within any city or town in which the septage was first collected without first obtaining a permit from the board of health of such city or town in accordance with 310 CMR 15.000 and M.G.L. c. 111, § 31A. An application for such permit shall be in such form and contain such information, on oath, as such board shall require. 3/24/95 (Effective 3/31/95) 310 CMR - 559 f' a OFTME Tp� DATE: C FEE: IAANSTAi3i.�. Mass. 1639. � REC. BY Town of Barnstable SCHED. DATE: Board of Health 4 lnd C ti� J ... . 367 Main Street, Hyannis MA 02601 Office: 508-790-6265 Susan G.Rask R.S. FAX: 508-790-6304 SUrnrierKaufman,M.S.P.H.. Ralph'A.'.Wrphy,M.D. VARIANCE REQUEST FORM LOCATION Property Address: .C6 `3-2 g GIL Gt A4n -,2r�l ye- �a�Yr1'►'l SI_ Asses'sor's Map and Parcel Number: Z ,V lb"t Od Size of Lot: . Z 7 4 G Wetlands Within 300 Ft. Yes Subdivision Name: No Business Name: AP LI CONTACT PERSON Name: i� Name: J)a.y"d �a-L"-o Address: an 00 'rn Address: 2p . y,Crw-zatc'fh ►ti'>g OdLto(.1+ �o ya.rw7cct_'L,,/Yl ►�. 0264-4 Phone: Phone: SO 8 - 39?-tea?3 FAX: Sb8 4'*- 67,6 FAX: :S7DF-&9'4 o�-'76S VARIANCE FROM REGULATION(List Reg.) REASON FOR VARIANCE(May attach if more space needed) e ZE -ly CT 0 CA) --�f-AX eOl---krt l C---k 4 s-'i♦ at-f S o D 2 —fcv o �-ed rcrrsys-, �LOz r7 z Checklist(to be completed by office staff-person receiving variance request application) Four(4)copies of plan submitted(including septic system plans and/or restaurant floor plans) Applicant understands that the abutters must be notified by certified mail at least ten days prior to meeting date at applicant's expense(for Title V and/or local sewage regulation variances only) Full menu submitted(for grease trap variances only) Variance request application fee coi lected(no fee for lifeguard modification renewals,grease trap variance renewals(same ownerll asee only).outside dining variance renewals(same ownedleasee only]•and variances to repair failed sewage disposal systems(only if no expansion to the building proposed)) Variance request submitted at least 15 days prior to meeting date VARIANCE APPROVED Susan G. Rask, R.S.,Chairman NOT APPROVED Sumner Kaufman, M.S.P.H. REASON FOR DISAPPROVAL Ralph A. Murphy, M-D. Q:/WP/VARIREQ 14'-0' 4'-3' 7'--G* 14'-3' I I o I PAT h ao + Cho 0 BEDROOM #i ; 6 KITG�tEN/DIN. I O � O -10 5 3/cli 4 7f-3' 4'-11- 'n O 8' x 28' SCUTTLE o � O 4'-0 CO . � � c - - -- - - - - - + 119 04 O O 4 = © o O LIVING RM. 14'-0• '-4 1 '-5 1/2 BEDROOM #2 BATcr a- 2xG WALL DIMENSIONED THE 2x4 WALL LINE i O O CW/STUD FOCKET53 RETAINING eFni iFeFn 1 ✓ ' t IDROF WALL • FFO�RBLGO may+ WU V IBIEAD • STANDARD BASEhIM C4' CONCRETE SLAB WINDOW PER BULDER 7•-0' 6'-G' 6'-t• 6'-6' 6'..�• T-o, • O n •r r -e- -I---- -} --�- -I - --� - -e--�- ---}- -o--�- - - -I--o- -�-- - _T- �-- - -� L CENTERLINE OF C3) 2 x 10 GIRT ABOVE O NTYMCAL 30' x 30' x 10' CONC. COL. PAD n I I I . OI I TYPICAL 8' CONCRETE WALL • i I I ON 1G' x 8' GONG. FOOTING O i L - - - - - DA 5EMENT PLAN. SCALEo 1/4• - 1'-O' NOUVATT9 INONJ IBM0 � l <. N 70 v n D � I r I� 0 1 O Z y ' n b 70 ,i ril N � - nt II O O - z . 12 GROSS SECTION TYPICAL ROOF CONSTRUCTION, ASPHALT ROOF SHINGLES/15# FELT PAPER. 5/8' CDX PLYWOOD SHEATHING/2 x 10 RAFTERS AT 16' O.C./PROVIDE 'PROPERVEN' • OR EQUAL STYRAFOAM INSULATION TO MAINTAIN VENTING AT EAVES AND SLOPED INSULATED CEILINGS/PROVIDE CONTINUOUS. KNEEWALL SOFFIT VENTING '3/4' T+G PLYWOOD GLUE SAVE TRIM - lx5 FASCIA W/ lx2. lxB B' AND NAILED TO JOISTS 5-9 VENTED SOFFIT. lx5 FRIEZE W/ 1 3/1 BED MOULDING. ClxB = 7 1/2') 2 x 10's at 16' D.C. °D � COURSE BETWEEN FRIEZE + lx4 WIND( HEAD • DH'S CLAP = 1'3 ADJUST FIRE FOR PROPER SIDING COURSING (ADD 1 N LIVING RM. KITCHEN/DIN. PAD TO CASEMENT HEADER TO ALIGN) r\.1 co1 n G 1/4' FIBERGLASS INSUL. TYP. 3/4' T+G `'LYWOOD GLUE IN BASEMENT CEILING AND NAILED TO JOISTS 2 x 10's at 16' D.C. 2 x 10's at 16' o.c. 2 x 6 TREATED SILL. C3) 2 x 10 GIRT B' CONCRETE WALL 3 1/2' GONG.-FILLED STEEL LALLY COLUMN 4': GONG. SLAB--i .__1/'• .. n• /•/BAIT /'•/CAI/• C/1/LTIAI/'. L` �P Town Of Barnstable PRAVE8 C/O Health Division ��� Board Of Health 4 199g 367 Main St OF Hyannis,Mass .,02601 � ; Board .Of Health; G My .name is K.Robert - Cole,and along with my wife,Teresa, live at 3 Elaine Rd,. Hyannis, Mass . ,where we have lived since 1968 .This letter,after reading the Board Of Health Meeting Agenda on Dec. 13 , 1999 brought to my attention of the item E on your agenda scheduled for the meeting on Dec 14, 1999, in which an application for a variance from 310 CMR 15 . 214 to . secure a permit for the construction for a two bedroom dwelling on Lot 35 on Lillian Drive,Hyannis ,Mass . I strongly object to anynpe-r-MIts be issued on this lot at this time for, the following reasons . ' 1 . I was never notified as an abbutor: as noted in the enclosed maps . 2 .. This lot 35 is also in litigation along with lot34 ." and is scheduled for land court next year. My attorney,Paul Wightman,who is handling this matter also states as he did on Dec 1 , 1999 in a certified letter to the Board regarding LOt 34,that this matter of Lots 34 and 35 were filed in a complaint #247705 in 'Land Court on Mayl , 1998 . He also has a Lis-Pendens filed in Barnstable Record.. Of Deeds . Due to recent surgery,he is unable to attend this meeting,however . I am in attendance and plan to object strenuously to any permits granted on lots 34 and 35 at this time until this matter of ownership is court established . Therefore object to the issue of any permits on lot 35 as presented by item E. on the Board Of Health Meeting on Dec. 14, 1999. Thank you for your consideration, Yours truly Subscr;ayo d wom to before m�eththis ti MARYE.MAHER Notary Public My Commission Expires Sept.10,2004 1 �1I?P TDAVT i ell Me rz a ' ' /7�c wiz ;�cr•. i I + LG% oy 1 \' \ �, Ill ` •r`� +'�. 1 , U u 1 71 u. 1. .` .. Lor l �> C� .1 ( � Y U • ��^�MYOPI COII� COL , lrERES�?. M.COLE 6'11 R CUT 7 /7 V6 NOTES, LT111S' PLAN 19 VALID ONLY IF IT 10 OTAMPED AND SIGNED IN nED, THIS OFFICE AUSUME 9 NO RESPONSIOILITY FOR INFOnnIATION CONTAINED ON COPIES WIIICII DO NUT HAVE OnI01NAL STAMPS AND SIONAIUREO, IN RED 11AS s BUILT11 PLOT PLAN Y.T1119 PLAN WAS NOT PREPARED TO OE TTIIE MASS. STANDARDS SET FORTII IN R60 CMR OTION 0.04f?2�J.�rAr�t.r_ 111EREFORE THIS PLAN 19 NOT TO DE USED FOR TITLE. INSURANCE" PURPOSES Lot !K - Cahn_ r_ /-PV1-- i t I CERTIFY TO ' '• o 1 1 AND ,TO R. J, a NEAR , SURVEYOR �+ TIIAT TO THE BEST OF MY INFORMATION" OWAN RIVER PLAZA 3 11OUTE 134 UNIT 3 KNOWLEDGE , ,AND BELIEF THE SOUTH DUMB, MA. 0266b r SHOWN ON THIS PLAN JOD N0. IIAB pE6N LOCATED ON - THE Of10UND AO '• '• 'i'r. • INDICATED AND THAT IT IS LOCATED IN •; DATE FLOOD ZONE PER FLOOD INSURANCE'I ,' RATE MAP DATED ,, I CLIENT SULE DATE 11E0. P11OFE8010NAL LAND ounyawn SNEET__0F_ �� D .,� � rf ✓ 1, � i •� � '1 'ice �� �� � � � I•r� ��...ir ! l PIP I NO OAF � / � ` l � �� I 1�`. tom• � ��' . . . �qw I � .w. w .. ^.._."_._r� i�_ - - O . . _. .... - _-.�.._.. .. ._ _ ......�:��_'' :. .J_.. -. .......__._- 'V �"M1-..: .. v. 1. ...•.-- ..J•. -• o+ 2 1 5 0U- o �y 11000 p o o w s o s - 0 3 0 0 _ .1100 _ � 792 110 O 10835 . ' :7 _ ,00 0 0 >o • 1 10.U0 41.4 0 11000 00.. _ 1100® a 0° a9� too o o �.l • `` 110 00 l o_ 1 ®00 1.1.0a0 ° 2 30..E a .DD - ,ioyl- .. 115.00 t 0 5� z �-� �• q h5 116.00 5zAla 5® d dln, cn 0 15070 , 81 ` d���1S AA 40 ~ �7�d170ssd M N f C� 1 37853 11T11A AND 511.VIA p,550CIP. rW ,01�. 3� 3�� COPY OF- PORTION PLAN FILED IN .009 s 900 �1 0� ?0 i BARNSTABLE PLAN B OK 165 , PAGZG> O; 114 16.78 62.00 �A g313 asp 00 Aso \1AY0\� O O• nb4 '4: ?38 35.72 •yy R' ._�` 'o sr T 44.7 \ 464 I L L I AN avo� j1/G 2R0- �2 AJ' 10530 84 N8 F85.00 -"A. ` p •�O °h 44 CS43 - /05 10 9 50 b - q; >y y 103.0; '1 3 ° �47 118.71 _ �'S2 30'W !00 0 _ 5 3 TOM VW tspusd" ,�� /00.OG 5 8- � a�60. . 21.78 �, 0. aus-I spar-I 9S ...... �p .{- CACIO 90 ca ... 1}kOD �\ 1 co 00 . . 01 r c, Qo N N i t oo 01) { O I N , 1 0- 5O 2.1 ha spa G Ck bz , L O ® O \ p P�� h� O • tiP oti Z 01 9 3 s+ac. .Z3� )0 100 136 130 !L A V E. N v E ►00 /00 100 100 144 ZO ® kPG 2-35 148 .27AC ®'b h z33 ?Z3 . 23Ac .23AC �� �Q•� ��,', (,a �3 . Z3 oc 81 C, v �� `z iosl 351 17) O 1 4 4" I .81 AG q o 92 30 2l5 Pe' s \�3 s9 •°' c �� 3 log It N to 3 93 11,0 5 2� o 3 /p IDp�' ZLj� co C 23 50-5 O q� .a. v ; O 4O gip .Lk y .9 y aFIME o� Town of Barnstable ' Board of Health 367 Main Street, Hyannis MA 02601 �fD MA'S A Office: 508-862-4644 Susan G.Rask,R.S. FAX: 508-775-3344 Ralph A.Murphy,M.D. Sumner Kaufman,MSPH BOARD OF HEALTH MEETING AGENDA December 14, 1999 7:00 P.M. Town Hall Building Second Floor Selectmen's Conference Room 367 Main Street, Hyannis I. Variance Requests/Old Business:.or 7:00 (A) William McHugh, Lot 13 Lakeside Drive, Marstons Mills, 10,500 square feet lot- Requests a variance from the Title V, 15.21.4 for a 2 bedroom dwelling. 7::10 (B) Betty Ayella, Kenneth Wilson, 23 Piney Point Drive, Centerville, .40 acres, requesting a variance from Part VIII, Section 10.0 Section 1.2. 7:20 (C),; Daniel Johnson representing his client Betty Coney, 156 Smith Street, Hyannis, 23,035 square feet lot requesting a variance from the SAS within 100 feet setback of a wetland. II. New Business: 7:30 (A) Arne Ojala, P.E. representing his client Laurie Warren Lot 38 Calves Pasture Lane, Barnstable, 1.59 acres - Requesting variances from Part VIII, Section 1.00. 7:40 (B) Philip Magnuson representing his client Jacques Morin 97 Buckwood Drive, Hyannis, 10,028 square feet lot, requesting a variance from Board of Health Regulation "330" and 310 CMR 15.214, nitrogen loading restriction. 7:50 (C) David Sauro representing his client Davenport Building Company Lot 42, at 19 Lillian Drive, Hyannis, 16,000 square feet lot requesting a variance from 310 CMR 15.214 to construct a two bedroom dwelling. 8:00 (D) David Sauro representing his client Davenport Building Company Lot 40, at 29 Lillian Drive, Hyannis 17,000 square feet lot, requesting a variance from 310 CMR 15.214 to construct a two bedroom dwelling. 4 8:10 (E) David Sauro representing his client Davenport Building Company Lot 35 at 49 Lillian Drive, Hyannis 16,000 square feet lot requesting a variance from 310 CMR 15.214 to construct a two bedroom dwelling. 8:20 (F) David Sauro representing his client Davenport Building Company Lot 33 at 59 Lillian Drive, Hyannis 16,000 square feet lot requesting a variance from 310 CMR 15.214 to construct a two bedroom dwelling. 8:30 (G) David Sauro representing his client Davenport Building Company Lot 38 at 39 Lillian Drive, Hyannis 16,000 square feet lot requesting a variance from 310 CMR 15.214 to construct a two bedroom dwelling. 8:40 (H) Paul Merithew representing his client Jane Koscivczyk Lot 47 Carla Road, Hyannis 10,000 square feet lot requesting a variance from Board of Health "330 Regulation'"and from 310 CMR 15.214 for a 3 bedroom dwelling. 8:50 (1) Daniel Johnson representing his client Leo Rockwood 81 Victoria Street, Centerville 15,000 square feet lot requesting a variance from 310 CMR 15.214 for a 3 bedroom dwelling. 9:00 (J) Jao Junqueina, representing his client Phyllis Bonney, 42 Pinewood Avenue, Hyannis 14,500 square feet lot requesting a variance from 310 CMR 15.214 for a 3 bedroom dwelling. 9:10 (K) John Filacci, representing his client Hamilton Homes Trust, 55 Mountain Ash Road, Marstons Mills 23,810 square feet lot requesting a variance from 310 CMR 15.214 for a 3 bedroom dwelling. 9:20 (L) Joseph DaLuz, representing his client Tom Vegas, 299 Old Craigville Road, Hyannis 11,225 square feet lot (reduced to 6,395 due to Town taking in 1969) requesting a variance from 310 CMR 15.214 for a two bedroom dwelling. 9:30 (M) Edward Pesce, P.E., representing his client Dawn Ferreira, 393 Scudder Avenue, Hyannis, 25,167 square feet lot, requesting a variance from 310 CMR 15.214 for a 3 bedroom dwelling. 9:40 (N) Richard Lynch, 86 Ensign Road, Centerville, 27,985 square feet lot requesting a variance from 310 CMR 15.214 for a 3 bedroom dwelling. i 9:50 (0) Sarah Ojala representing her client William Yates, 35 Fieldstone Road, W. Barnstable, .74 acres requesting a variance from the Board of Health Regulation X11, Section III. 10:00 (P) Craig Field representing his client Margaret Menzin, 221 Nyes Neck Road, Centerville, 42,971 square feet lot requesting a variance from the Well Protection Regulation to allow 120 feet from the existing well. Ill. Discussion/Written Correspondence Recieved: 10:10 Proposed Food Service Establishment Smoking Restrictions S r Town Of Barnstable C/O Health Division 4 Board Of Health t 367 Main St Hyannis,Mass .O26O1 Board .Of Health; My name is K.Robert! Cole,and along with my wife,Teresa, live at 3 Elaine Rd. Hyannis, Mass . ,where we have lived since 1968.This letter,after reading the Board Of Health Meeting Agenda on Dec. 13 , 1999 brought to my attention of the item E on your agenda scheduled for the meeting on Dec 14, 1999, in which an application for a variance from 31O CMR 15 . 214 to secure a permit for the construction for a two bedroom dwelling on Lot 35 on Lillian Drive,Hyannis ,.Mass. I strongly object to anynpermlts be issued on this lot at this time for the following reasons . 1 . I was never notified as an abbutor; as noted in the enclosed maps . 2 . This lot 35 is also in litigation along with lot3?1 and is scheduled for land court next year. My attorney,Paul Wightman,who is handling this matter also states as he did on Dec 1 , 1999 in a certified letter to the Board regarding LOt 34, that this matter of Lots 34 and 35 were filed in a complaint #247705 in Land Court on May1 , 1998 . He also has a Lis-Pendens filed in Barnstable Record.- Of Deeds. Due to recent surgery,he is unable to attend this meeting,however I am in attendance and plan to object strenuously to any permits granted on lots 34' and 35 at this time until this matter of ownership is court established . Therefore object to the issue of any permits on lot 35 as presented by item E. on the Board Of Health Meeting on Dec. 14, 1999. Thank you for your consideration, Yours truly reel Subscribed and worn to before me,this I day of . WojaqPubliq i MARY E.MAHER Notary Public My Commission Expires Sept.10,2004 i Property Location: 49 LILLIAN.DRIVE .. MAP ID: 248/200/ �,:. Vision ID: 17785 Other ID: B[d #: 1 , ,'w g '+�itrd 1 of 1 Print Date:11/15/200211:02 sa. ..,Pk escription o e Appraised Value ASSesse value 702 DALEWOOD DR 801 USTIN,TX 78729 Barnstable 20 1 - , 03 MA Additional Owners: ccoun an met. ax Dist. 400 Land Ct# er.Prop. #SR VISION Life Estate DL 1 LOT 35 Notes: DL2 GIS ID: 17785 ota38,80 3 , ='*�..-vim -a.�v�..,.-��- � `t� ?g ��,`�._"�:. � 4 a % 'a'%� ;�'°d•m ' � -�,� fir'.r. Co e Assessed Value ue r. Gode Assessed Value Yr. Code Assessed .:Value RUCCI,KATHERINE M ET ALS 5483/226 12/15/198 U V 1 B APE,COD BLDG SUP 1434/650 Q 0 .g$qq i TO ... � .." -, :,, m. �, z f This signature ac now a ges a visit y a ata t o ector or ssessor Year yp escription mount Code Description Number mount Comm. nt. x Appraised Bldg.Value(Card) 0 Appraised XF(B)Value(Bldg) 0 Totak Appraised OB(L)Value(Bldg) 0 Appraised Land Value(Bldg) 38,800 Special Land Value Total Appraised Card Value 38,800 Total Appraised Parcel Value 38,800 Valuation Method: Cost/Market Valuation etTotal Appraii-se-d-P�arcelValue 38,80G _.5.,.__.. '' .ax-.YYc.'3., : • .... <, Pa ,_.,,,hh'•'�`i.. ,-.:.minacx`TS.ea � .�. .:.��"3+... f` :�hr `�'-„ c,V „r.�C errnit Issue ate lype Description Amount Insp,vote Yo comp Date omp. Comments Date FD Cd. rpos esu t use Coae Description zone ID Trontage Depth Units Unit Price 1.Pactor actor Nbhd. Adj. Notes-Adj15pecial Pricing Adj. Unit Price an P a tte Vac Lando es: , ' Tota7 Cardan nits Parcel Total an rea: otaLa5a Valu , sv v q._6. 2'-0* 14'-O' 4'-3' T-Go. 14'-3' O r — � i lU1 _ 1 5 i PATH ao CFO BEDROOM #1 1 KITGHEN/DIN. 0 X N -10 5 3/4 7f--3' Q 4'-11' QC s 0 8' x 28' SCUTTLE L O O I — — — — — — l9 z O N = 4 O O LIVING RM. 14'-0' '-411 '-5 1/2 BEDROOM #2 BaT Q- 2xG WALL DIMENSIONED THE 2x4 WALL LINE I © O1 CW/STUD POCKETS3 RETAINING QFni IRPM DROP WALL Q FOR BILCOI �- BUnlEAD O i9 STANDARD BASEMENT C4- CONCRETE.SLAB) WINDOW PER BIRDER 7 •-0' 6'-6' 6'-6- O '' OI— —I L - -J L J L_J L - J CENTERLINE OF C3) 2 x 10 GIRT ABOVE O NTYFCAL 30' x 30' x 10' GONG.. COL. PAD i� 1 I I I . O I I TYPIGAL 8' CONCRETE WALL - I ON 16' x 8' GONG. FOOTING O i I I t9 IL - - - - -- - 40•-0' BASEMENT PLAN SGALEs 1/4' — 1'-0- 12 GROSS SECTION _ TYPICAL ROOF CONSTRUGTIONs ASPHALT ROOF SHINGLES/15# FELT PAPER, 5/5' GDX PLYWOOD SHEATHING/2 x 10 RAFTERS AT 16' O.G./PROVIDE 'PROPERVEN' OR EQUAL STYRAFOAM INSULATION TO MAINTAIN VENTING AT EAVES AND SLOPED INSULATED CEILINGS/PROVIDE CONTINUOUS KNEEWALL SOFFIT VENTING 3/4' T+G PLYWOOD GLUE SAVE TRIM - lx8 FASCIA W/ lx2, lxB e' AND NAILED TO JOISTS 5'-9' VENTED SOFFIT. lx8 FRIEZE W/ 1 3/1 BED MOULDING. C1xB = 7 1/2') 2 x 10's at 16' ox. � ,i COURSE BETWEEN FRIEZE + lx4 WIND( ,d HEAD • DH'5 CLAP = 1'J ADJUST FRIE FOR PROPER SIDING COURSING CADD 1 N LIVING RM. KITCHEN/DIN. PAD TO CASEMENT HEADER TO ALIGN) n L I 6 1/4' FIBERGLASS INSUL. TYP. 3/4' PL T+G YWOOD GLUE IN BASEMENT CEILING AND NAILED TO JOISTS 2 x 10's at 16' o.c. 2 x 10's at 16' o.c. 2 x G TREATED SILL. CW2x10GIRT 8' CONCRETE WALL 3 1/2' GONG.-FILLED STEEL LALLY COLUMN 4'• CONC. SLAB .._—��• .. a• rnwr rnw�� cnntiwtr. . . . . . . . . . . . z C � . r ; rn - C LL I oD -� oo ❑ O oo ❑ momm Itu �i i 7 7 LIILLJ C� D r nl 1 O O z LJ00 RIGHT SIDE ELEVATION f r Ff� 1rn 1 l+ D r t�t � • II O Z i { TOWN OF BARNSTABLE LOCATION y,�C' ,[�('.!.,L,e �+ t��/t��� SEWAGE #JW.2 VILLAGE. ASSESSOR'S MAP & LOT�`� �'� G'0 INSTALLER'S NAME&PHONE NO. SEPTIC TANK CAPACITY %.ra LEACHING FACILITY: (type) e) P Y A)- 61 NO.OF BEDROOMS BUILDER OR OWNER PERMITDATE:^a2/ COMPLIANCE DATE: Separation Distance Between the:. Maximum Adjusted Groundwater Table and Bottom of Leaching Facility Feet Private Water Supply Well and Leaching Facility (If any wells exist on site or within 200 feet of leaching facility) Feet Edge of Wetland and Leaching Facility(If any wetlands+exist within 300 feet Joe hi g faci ' ) �/ Feet Furnished by 2t ...... ._.......m I 'A IN i { r i -, No. / I /� FeeSYes' THE COMMONWEALTH OF MASS( di Entered in computer: `4UBLIC HEALTH DIVISION -TOWN OF BARNSTABLE., MASSACHUSETTS 146�1 pprication for Ziopogal *pgtem Conotruction Permit pplication for a Permit to Construct XX)Repair( )Upgrade( )Abandon( Complete System ❑Individual Components Location Address or Lot No. V q G/L G 1-4.v 104111. Owner's Name,Address and Tel.No. yc�q.✓..-is, rS. olio / /9Gr'•9GGzS�'" Re4,V0i✓TE Assessor's Map/Parcel# 9 7 e L 04,e ewo.d -04-1 1 ve „� 7,F 72 11 s IA— Installer's Name,Address,and Tel.No.5 Q Designer's Name,Address and Tel.No.5 0 8—8 8 8—4 9 7 5 CJ Engineering 449 Route 130 VF�04,8uite 13 sandwich,Mass.02563 Type of Building: Dwelling XX No.of Bedrooms Lot Size /.2/9j' sq.ft. Garbage Grinder(gym Other Type of Building No.of Persons Showers( ) Cafeteria( ) Other Fixtures Design Flow gallons per day. Calculated daily flow gallons. Plan Date Number of sheets Revision Date Title Size of Septic Tank 1 5 0 +RnX Type of S.A.S. 2—5 0 0 ' s Description of Soil Nature of Repairs or Alterations(Answer when applicable) 1 —1 5 0 0 ga 11 n n G e t i n t a n k, 1 —D i t r i hu tion box and two 500 gallon leaching chambers. 25 'X12. 'X2 ' Date last inspected: Agreement: The undersigned agrees to ensure the construction and maintenance the afor�described on-site sewage disposal system in accordance with the provisions of Title 5 of the nvironm 65T1not t p�esyjteni in operation until a Certifi- cate of Compliance has been iss d by t ' ar f Signed Date 1 0/3 0 0 2 f Application Approved by Date Application Disapproved f the following reasons r Permit No. Date Issued THE COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, MASSACHUSETTS (Certificate of itompliance THIS IS TO CERTIFY,that the On-site Sewage Disposal System Constructed(KX )Repaired( )Upgraded( ) Abandoned( )by ��Pd�t� k Dri�,d at49 Lillian Drive Centerville Mass. � I has been constructel in a 'ordance with the provisions of Title 5 and the for Disposal System Construction Permit No ated 1111310 a Installer J_P_Mac-nmhar P. Rnn inn- Designer CJ Kd Jr The issuance of this permit shall not be construed as a guarantee that the syste w fu_ ion as de gned. Date Inspector kM `". ��^a. , We'� � p+iv ``ff 'flf(Yf / ?f� F(�`.•�,,H/! . 1 , A. cry No. w f ,,. 4 , ° '/�' . f+ Fee THE C,O ONWEALTH OF M:SS ,CHU E �•A Entered in computer: Yes PUBLIC HEALTH DIVISION -TOWN OF BARNSTABLES MASSACHUSETTS pp ication for Miow6al braem Conearuction Permit r! FApplication for a Permit to Construct(KX)Repair( ')Upgrade( )Abandon( ) XComplete System ❑Individual Components Location Address or Lot No. y ri G/[ G / ' r,'Qr 1/a Owner's Name,Address and Tel.No. ,y��,...it ifi 7 t S• U?re / _4L/3 t,P r 9 t c e I d v /�G G..t o.rr�G' i Assessor's Map/Parcel %7v t 1),4 e t"!vo"> d f 1"dr yr- • 20U rC /✓ Tt r7s 7d» i 7- i7F Installer's Name,Address,and Tel.No. 5 Designer's Name,Address and TO.No.5 0 8—0 8 8—4 9 7 5 yU CJ Engineering 449 RAt-e 130 ;z 3 - " fir-->� tPgs46�112:. �' au.ite 13 Sandwich,Mas63. o ',5 Type of Building:N. . �..� `Dwelling XX No.of Bedrooms Z .` Lot Size i1 i 1 sq.ft. Garbage Grinder Other Type of Building No.of Persons Showers( ) Cafeteria`:('��\ ) ` Other Fixtures Design"Flow gallons per day. Calculated daily flow gallons. Plan Date~ Number of sheets Revision Date Title - Size of Septic,Tank 1 snn .&.Rnx Type of S.A.S. 2-500' s . Description of Soil s { r ,1 i 9 t 1 Nature of Repairs or Alterations(Answer when applicable) 71-1 500 gallon sent ie tanks 1-Distribu tion box and two 500 gallon leaching chambers. 25'X72. 'X2' ' Date last inspected- 1 Agreement: The undersigned agrees to ensure the construction and maintenance . the afo�e described on-site sewage disposal system �. in accordance with the provisions of Title 5 of the nvironm al o d 1t to p e system in operation until a Certifi- cate of Compliance has been.iss d b this 13�az f - Signed - Date 10/30 02 01 Ap icationApprovedby. �, �/ d�� .J Date �-- - j Application Disapproved fVthe following reasons Permit No. l Date Issued t-1 - f / / THE COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, MASSACHUSETTS �.: Certificate of Compliance THIS IS TO CERTIFY, that the On-site Sewage Disposal System Constructed(XX)Repaired( )Upgraded( ) Abandoned( )b 4w&—%Qft 1A0s ' ir k r(A f; at 49 Lillian Drive Centerville,Mass. —� ! has constructed in a'cordance with'the provisions of Title 5 and the for Disposal System Construction Permit No. ated l 7 Installer J.P.Maeomber & Son inc. Designer C,7 �ngi er �g l !' The issuance of thisinermit shall not be construed as a guarantee that the syste w 1 fu_Ai ion as designed. Da Inspector ( - 1 svr i. — ————�————————————————————————— No. s Fee . , w f ` THE COMMONWEALTH OF MASSACHUSETTS PUBLIC HEALTH DIVISION - BARNSTABLES MASSACHUSETTS lwigossal *ps�tem Construction Permit Permission is hereby granted to ConstrtctyX);j Repair( )Upgrade( )Abandon( ) Systemlocatedat 49 Lillian Drive Centerville,Mass, 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:Cos itiolust b� ompleted within three years of the date oft she t Date: Approved by r - h. TOWN OF BARNSTABLE LOCATION I Z4 1,d=E IM4114 SEWAGE # .W g VILLAGE 164AZlh l ASSESSOR'S MAP & LOT�� �';s C INSTALLER'S NAME&PHONE NO. SEPTIC TANK CAPACITY /ra z. LEACHING FACII.ITY: e) 02P Sl r NO.OF BEDROOMS BUILDER OR OWNER ,7'12- !,/�-CA - C Q A- & PERMITDATE:�,1,� � -� COMPLIANCE DATE: ' Separation.Distance Between the: Maximum Adjusted Groundwater Table and Bottom of Leaching Facility Feet Private Water Supply Well and Leaching Facility (If any wells exist on site or within 200 feet of leaching facility) Feet Edge of Wetland and L aching Facility(If any wetlands exist within 300 feet o e hi facile) Feet Furnished by 91 / L J 7 TOWN OF BARNSTABLE CF THE To OFFICE OF i Z BARXSTAELS, o BOARD OF HEALTH y MAB& aj 00 1639 367 MAIN STREET HYANNIS, MASS.02601 February 9, 2000 David Sauro 20 North Main Street . South Yarmouth, MA 02664 RE: Lot#35, 49 Lillian Drive, Hyannis Dear Mr. Sauro: You are granted a variance on behalf of your client Davenport Building Company, from 310 CMR 15.214, restricting sewage flows to one bedroom for every 10,000 square feet of land within Zone II districts. You are granted permission to construct an onsite sewage disposal system at 49 Lillian Drive, Hyannis, with the following conditions: (1) No more than two (2) bedrooms are authorized. Dens, study rooms, finished attics, sleeping lofts and similar-type rooms are considered "bedrooms" according to the Massachusetts Department of Environmental Protection. (2) The applicant shall record a properly-worded deed restriction at the Barnstable County Registry of Deeds limiting the dwelling to two (2) bedrooms. The deed restriction shall be signed by the property owner. A copy of the recorded deed restriction shall be submitted to the Board of Health prior to obtaining a disposal works construction permit. This variance is granted"because it is the Board's policy to grant applicants approvals to construct two (2) bedrooms on lots of less than 18,000 square feet in size. Sincerely yours, Susan G. Rask, R.S. Chairperson Board of Health Town of Barnstable SGR/bcs sa=6 TOP FNDN. AT EL. 33.5' SYSTEM PROFILE TEST HOLE LOGS ACCESS COVER TO WITHIN 6" OF FIN. GRADE (NOT TO SCALE) PROVIDE INSPECTION PORT WITHIN ACCESS COVER (WATERTIGHT) TO 6" OF FINISH GRADE ENGINEER: CAROLYN DOYLE, PE MINIMUM ,75' OF COVER OVER PRECAST WITHIN 6" OF FIN. GRADE 2% SLOPE REQUIRED OVER SYSTEM , 33.0 WITNESS: JERRY DUNNING (BOH) RUN PIPE LEVEL 2" DOUBLE WASHED PEASTONE DATE: 2/13/97 31.0 Ll FOR FIRST 2 3' MAX. p = < 2 MIN INCHPROPOSED 1500rp ERC. RATE /30.67 GALLON SEPTIC 30.42' 30.83' CLASS I SOILS p 8878 & 8877 TANK (H- 10 ) GAS �30. LILLIANBAFFLE 30.2$' "��" 0 C7 C] CI 0 0 0 0 MIN 30.0' o a a o a O C7 (� 2w,4 AROUND Locus✓" 7 �o�' ( 2 % SLOPE) \_6" CRUSHED STONE OR MECHANICAL 0 I=] 8878 COMPACTION. (15.221 (21) ftgA 2 O C] 0 0 0 ED 17-1 I7 0 v 28.0' 8$77 CARLOITA ' DEPTH OF FLOW = 4' Q ELEV. L 2� �9 1 1 0» TO 1 1/2" DOUBLE WASHED STONE 35.5' 0" TEE SIZES: X SLOPE) 7. SLOPE) 3/4" 33.0 0 ( ( INLET DEPTH = 10" ORGANICS & ORGANICS & OUTLET DEPTH = 14" 6" LEAVES 610 LEAVES LOCATION MAP NTS 0 O FOUNDATION- 15' SEPTIC TANK 14' D' BOX 13' LEACHING LS LS FACILITY 5' 12» 7.5YR 4/1 9" 7.5YR 4/1 ASSESSORS MAP 248 PARCEL 200 ZONING DISTRICT: RB A A LS LS YARD SETBACKS: 15" 7.5YR 3/3 12" 7.5YR 3/3 FRONT = 20' , Bw BW SIDE = 10 32 LS LS REAR = 10 + 30.4 // / 4 35 3 35.3 23 0 „ 10YR 3/6 �, 10YR 3/6 FLOOD ZONE: C a.o P#8878 30 33.0 22 3 1.1 C1 C1 + 28.9 , + 33.8 PERC MED/COS PERC MED/COS ® W/GRAVEL GRAV W / EL 1� 29 35•a 1 12" 2.5Y 7/6 72" 10YR 7/8 A + 34.4 C2 C2 Ly1 i �s COS MED/COS 31.0 10YR 7/4 10YR 7/6 120 25.5, 120„ 23.0' yy 6 ^ Q� + 34.6 NO GROUNDWATER ENCOUNTERED NOTES: p. 6.2 / ,� _ . _. _. _,-- - 1 DATI.!"� .15 .. ASSUMED J R� 29.2 . '� P#8877 ti��, SEPTIC DESIGN: (GARBAGE DISPOSER Is + NOT Al I OWFr) ) 2. MUNICIPAL WATER IS AVAILABLE \ `�s DESIGN FLOW: _2 BEDROOMS ( 110 GPD) = 220 GPD \ 3s.o 3. MINIMUM PIPE PITCH TO BE 1/8" PER FOOT. USE A 220 GPD DESIGN FLOW * 10 1 \ PROP. DWELL. "o 4. DESIGN LOADING FOR ALL PRECAST UNITS TO BE AASHO H- + 26. \ .r�- 33.3 �. r TF = 33.5' 4 5 �G� / SEPTIC TANK: 220 GPD ( 2 ) = 660 5. PIPE JOINTS TO BE MADE WATERTIGHT. OP. DRIVE. + 30.0 6. CONSTRUCTION DETAILS TO BE IN ACCORDANCE WITH MASS. / Q�oQ•�,� + 3a.a LEACHING: \ USE A 1500 GALLON SEPTIC TANK ENVIRONMENTAL CODE TITLE V. N � 5 3 ,�0 7. THIS PLAN IS FOR PROPOSED SEPTIC SYSTEM ONLY AND IS NOT �\ s SIDES: 2(25 + 12.83) 2 (.74) = 112 TO BE USED FOR ANY OTHER PURPOSE. 25 x 12.83 (.74) 8. PIPE FOR SEPTIC SYSTEM TO SCH. 40-4" PVC. 24.6 + BOTTOM: -- = 237 �+ 28.1 o ,� 9. COMPONENTS NOT TO BE BACKFILLED OR CONCEALED WITHOUT EASE NT AREA N� / / + TOTAL: 472 S.F. 349 GPD INSPECTION BY BOARD OF HEALTH AND PERMISSION OBTAINED � � / / J�`'+ 31 FROM BOARD OF HEALTH. 30.1 / ��F� 34.7 USE (2) 500 GAL. LEACHING CHAMBERS (ACME OR � �. g EQUAL) WITH 4' STONE ALL AROUND 24. + 3.7 + 6.8 *2 BEDROOM DEED RESTRICTION REQUIRED ? 8.3 \ 01� + 33.0 a� SHED LEGEND LOT 35 �' - - TITLE 5 SITE PLAN 12 465 SO. FT. 100.0 PROPOSED SPOT ELEVATION OF 29f ACRES 30.5 + 31.4 100x0 EXISTING SPOT ELEVATION 49 LILLIAN DRIVE NW 28.0 IN THE TOWN OF:�j$ 6a. 100 PROPOSED CONTOUR ( HYAN N I S f\BA N STABLE = DECK \ 2 100 EXISTING CONTOUR PREPARED FOR: TERESA COLE . 8 +21.9 2� 2g 2S 26 2 20 0 20 40 60 BOARD OF HEALTH BENCH MARK APPROVED DATE MA SCALE: 1" = 20' DATE: MAY 29, 2004 _ - TOP OF CONC. BOUND. EL. = 21.4 EXIST. DWELL. off 508-362-4541 fox 508 362-9880 j I down cape engineering, inc, M1, , S CIVIL ENGINEERS ARNEH. �yc �,Fp��HOFMyssq o OJALA , °`� ARNE c�c LAND SURVEYORS " IL r64�C _-- _03--022 939 slain st. yarmouth, mo. 02675 --- ---- _._-- - - --- NA EN ALA, r� s o DATE