Loading...
HomeMy WebLinkAbout0083 NAUTICAL ROAD - Health 3/Nautfc"--at::Way 07-237 Hyannis 5 p i� - -x TOWN OF BARNSTABLE SEWAGE # ` c VII"8. rE fX�1✓./Jl� /�/'�J ASSESSOR'S MAP & LOT;' INS'TALLER'S NAME&PHONE NO. SEPTIC TANK CAPACITY LEACHING FACILITY: (type) �J (size) NO.OF BEDROOMS BUILDER OR OWNER �Ja fla PERMITDATE: 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 wetl ds exist 3!` within 300 fee of leachi f li ��, Feet Furnished b a Ln L4 4 7Z, Izz � 23 o © J TOWN OF BARNSTABLE � ,y LOCAT ON gam t, , 'Xr)Ca,- WA 1', SEWAGE # VILLAGE ASSESSOR'S MAP & LOT 23o7 II INSTALLER'S NAME & PHONE NO. r � SEPTIC TANK CAPACITY I LEACHING FACILITY:(type) (size) NO. OF BEDROOMS PRIVATE WELL OR PUBLIC WATER BUILDER OR OWNERIta�(rS .DATE PERMIT ISSUED: DATE COMPLIANCE ISSUED;_4:�rA VARIANCE GRANTED: Yes - No CT II F -lam i • p IryyyflQ • . • ,-n •. • .n ru )_ OFFICIAL Q' Certified Mail Fee IT $ ,� 252 �- s i Extra Services&Fees(c eckbox,add 9sb. ropdate) ; ❑Return Receipt(haMcOpy) $ ��a r � O ❑Retum Receipt(electronic) � P L tmark O ❑AdultSgna1-3 E]Certified �ure Required l Restricted slivery $}. S NlA Here ❑Adult Signature Restricted Dellvery4 .t Postage t e^ 1 rq T tal Postage and Fees u S ppS LSERV�GE Ln a 0 Sent To s eAv i e Ja i o �t r �Oktio Street an A t.N or Pd§ox FIo. �'j i I 6$L 23 7 tuvv rt d o 4 ciry_S_ie ziP+d --"-- •_- .... ....... "" 17/ ���S W1 B' Certified Mail service provides the following benefits: ■A receipt(this portion of the Certified Mail iabel). for an electronic return receipt,see a retail ■A unique identifier for your mailpiece. associate for assistance.To receive a duplicate n Electronic verification of delivery or atterfi d �,return receipt for no additional fee,present this delivery. USPS®-postmarked Certified Mail receipt to the ■A record of delivery(including the recipient's retail associate. signature)that is retained by the Postal Service' Restricted delivery service,which provides for a specified period. delivery to the addressee specified by name,or to the addressee's authorized agent. Important Reminders: Adult signature service,which requires the ■You may purchase Certified Mait service with signee to be at least 21 years of age(not First-Class Mail®,First-Class Package Service®, available at retail). or Priority Mail®service. Adult signature restricted delivery service,which ■Certified Mail service is notavailable for requires the signee to be at least 21 years of age International mail. and provides delivery to the addressee specified ■Insurance coverage Is notavailable for purchase by name,or to the addressee's authorized agent. with Certified Mail service.However,the purchase (not avaiable at retail). of Certified Mail service does not change the ■To ensure that your Certified Mail receipt is insurance coverage automatically included with accepted as legal proof of mailing,it should bear a certain Priority Mail items. fir USPS postmark.If you would like a postmark on' ■For an additional fee,and with a proper this Certified Mal receipt,please present your endorsement on the mailpiece,you may request Certified Mail item at a Post Office'for the following services: postmarking.If you don't need a postmark on this Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portion of delivery(including the recipient's signature). of this label,affix it to the mailpiece,apply You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece. electronic version.For a hardcopy return receipt, complete PS Form 3811,Domestic Return Receipt attach PS Form 3811 to your mailpiece; IMPORTAKE Save this receipt for your records. Ps Form SHOO,Ap612015(Reverse)PSN 7530.02-000-9047 Certified mail: 7015 1730 0001 4990 2656 EVE�a Town of Barnstable Inspectional,Services • BARNSCABLL MASS. $ Public Health Division `3o sb39' Thomas McKean, Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 January 24, 2020 Rosanie Joseph c/o Ms. Chantal Joseph 539 River Road Marstons Mills, MA 02648 NOTICE OF VIOLATIONS OF 310 .CMR: 15.000 THE STATE ENVIRONMENTAL CODE TITLE V: MINIMUM REOUIREMENTS FOR THE SUBSURFACE DISPOSAL OF SANITARY SEWAGE AND TOWN OF BARNSTABLE CODE 4 353-9-DISCHARGE ONTO GROUND PROHIBITED. On January 21, 2020 and on January 24, 2020, Health Inspector David W. Stanton, R.S. and Thomas McKean, C.H.O. investigated a complaint regarding 'sewage on the ground at the property owned by you located at 85 Nautical Road, Hyannis, MA.` The following violations of 310 CMR 15.000, the State Environmental Code, Minimum Requirements for the Subsurface Disposal of Sanitary Sewage and the Town of Barnstable'Code were observed: 310 CMR 15.303(l)(a)(2): Septic system is in hydraulic failure. Raw sewage was observed ponding on the ground. Town of Barnstable Code 353-9- Discharge of sewage onto the ground. (1) You are directed to hire a licensed septage hauler and to have the on-site sewage disposal System pumped as many times as necessary (daily if needed) to keep it from overflowing onto the ground. (2) You are ordered to connect to public sewer within thirty (30) days of your receipt of this letter. You may request a hearing before the Board of Health if written petition requesting same is received within ten(10) days after the.date the order is served. Non-compliance will result in the issuance of a non-criminal ticket citation of$100. Each day's failure to comply with an order shall constitute a separate violation.. . PER ORDER OF E BOARD OF HEALTH om McKean, CHO, - Director of Public Health QAorder letters\sewage violations\83 Nautical Rd,Hyannis:doc ter Town of Barnstable Public Health Division BARNSTABIE, ' 200 Main Street, Hyannis MA 02601 9 MASS. %639• Office: 508-862-4644 FAX: 508-790-6304 October 11, 2019 Rosanie Joseph c/o Ms. Chantal Joseph ' j 539 River Road Marstons Mills, MA 02648 T i-.�xi ii1X'Y tY t33.`• j ' Il ..xa Fes{ ? i Y,- �l 5.�.'"hi L RE Sewer Connection E"gtension Ezplred A n r A` 307 237 � . r, 83 Nautical Way, Hyann s x i . .: . Dear Ms. Joseph, Your February 28th 2019 sewer connection deadline has passed. Recall that at the tonne February your 28, 2018 Board of Health meeting, you were granted a one year extension dwelling located at 83 Nautical Way, Hyannis to public sewer. . Please contact the Public Health Division Office in writing to provide an name,update aDPW relative sewer the status of property's connection to public sewer (1.e. con connection permit number, anticipated'connection date). If you would like to request another extension, such request must be in writing to the Board of Health within fourteen(14) days. Sincerely yours, Thomas A. McKean, Director of Public Health Town of Barnstable Q:\WPFILES\SewerConnection Extension EXPIRED 83 NauticalWay 2019.docx , to Complete items 1,2,and 3. A. Signa to Print your name and address on the reverse ❑Agent so that we can return the card to you. ❑Addressee G Attach this card to the back of the mailpiece, B. Re ed by(PrintedName) C. Datejjf Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No 5.3 � i Lb II I�I�IDI IIII IBI I II I I III III�I I I' IIIIIII III Service TYPE ❑Priority Mail Express® 11 ❑Adult Signature ❑Registered MallTM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted ❑Certified Mail® Delivery 9590 9402 1933 6123 1783 23 ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise _ _ u__., �, Collect on Delivery Restricted Delivery ❑Signature ConflrmatlonT 7 015 r17 3 0 ;0 0 01 �4 9 9 0 3 2 4 0 Insured Mal' ❑Signature Confirmation r '; "� Restricted Delivery ((; , I y r .#-: Insured Mail Restricted Delivery ry over$500) Pb Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt USPS TRACKING# �- First-Class Mail Postage&Fees Paid -- USPS Permit No.G-10 9590 9402 A ?-1�3 1783 23 United States r ender:Please print your name,address,and ZIP+4®in this box* Postal Service Town of Barnstable Health Department 200 Main Street Hyannis, MA _02601 _ a- s! ' 'Town of Barnstable Regulatory Services - Public Health Division Thomas McKean,Director Y 200 Main Street, Hyannis, MA 02601 Officer 508-862-4644 Fax: 508-790-6304 April 19, 2018 . , Certified Mail#7015 1730 4990 3240 Rosanie Joseph 539 River Road Marston Mills, MA 02648 ' NOTICE,TO,ABATE VIOLATIONS OF TOWN OF BARNSTABLE BOARD OF HEALTH REGULATIONS NUISANCE CONTROL REGULATION N O O. 1 The property owned by you located at 83 ,Nautical Road Hyannis, MA was visited on April 19, 2018 by Timothy B. O'Connell, R.S., Health Inspector for the Town of Barnstable.. This inspection was conducted in response to a complaint filed with the Public.Health Division. The following violations of the Town of Barnstable Board of Health Regulations, Chapter 54 Building and Premises Maintenance were observed: 04-3(A) Outdoor Storage Observed trash, furniture, wood and other debris strewn about property along with a large ,pile of metal behind refrigerator truck. You are directed to correct the violations within fourteen (14) days of receipt of this order letter by disposing said items. You may request a hearing before the Board of Health if written petition requesting same, is received within ten'(10) days after the date the order is served Non-compliance will . result in a fine of$100.00 per violation. Each day's failure to comply.with an order shall constitute a separate violation. Should you have any questions regarding the above violations, please contact the Town Health Division and ask to speak with the inspector who performed the inspection. PER ORDER OF THE BOARD OF HEALTH Thomas A.McKean, R:S. Director of Public Health Town of Barnstable 83 Nautical Way 307-237 Owner: Rosanie and Adrie.n Joseph Sewer connection Due: 3/30/15 Did not respond to Health Division mailings - i Sheriff delivered order to appear before board in March i BOH extension Must make rental registration and connect by 7/12/16 Do not have abandonment permit as of 7/1/16 Sharon's notes:Steward Creek area-Per Constable -Brad Parker 12/9/15-rental, M/M Joseph are divorced. Mrs. lives w/daughter(Chantal), %539 River Rd, MM and daughter was aware of need to connect to sewer. Constable will return to deliver in hand to Mrs.+will cont.trying to track Mr.-slc 1112116 BOH extended it 6 mo.+must register rental+return to BOH 7112116 w/status.(having difficulty getting loan due to husband.owing mortg.)-slc.BOH 1112116 Chan tal(daugh)cell(774-521- 9847). . I� D o . CO •. • ru .m �r%- 0 F F C I A L" U S ca Certified Mail Fee t EXtfa,.8iervlces&Fees(check box,add fee as appropdete) eturn Receipt(hardcopy) $✓rq - V 0 ❑,.Return Receipt(electronic) $ � P&I iark .9_ C3 [sJ'�ertifled Mail Restricted Delivery $ ✓ �' I=(8re ❑Adult Signature Required $ []Adult Signature Restricted Delivery$ ..® O Postage ✓ Q ✓ _ m $ �► rr:I Total Postage and Fees , 9 $ a senn Rosanie P. Joseph '.. $ k o s«eer c/o M-5, Chantal Joseph r` 539 River Road 7•... Marstons Mills, MA 02648 Certified Mail service provides the followinc�benefitts: ■A receipt(this portion of the Certified Mail label). for an electronic retumreceipt see a retail ■A unique identifier for your mailplace. associate for asditiance.To receive a duplicate ■Electronic verification of delivery or attempted return receipt for no additional fee,present this delivery. USPS®-postmarked Certified Mail receipt to the •A record of delivery(including the recipient's retail associate. signature)that is retained by the Postal Service— Restricted delivery service,which provides for a specified period. delivery to the addressee specified by name,or to the addressee's authorized agent. Important Reminders: Adult signature service,which requires the ■You may purchase Certified Mail service with signee to be at least 21 years of age(not First-Class Mail®,First-Class Package Service*, available at retail). or Priority Mail®service. Adult signature restricted delivery service,which ■Certified Mail service is notavailable for requires the signee to be at least 21 years of age International mail. and provides delivery to the addressee specified ■Insurance coverage Is notavailable for purchase by name,or to the addressee's authorized agent with Certified Mail service.However,the purchase (not available at retail). of Certified Mail service does not change the ■To ensure that your Certified Mail receipt is insurance coverage automatically Included with accepted as legal proof of mailing,it should bear a certain Priority Mail items. USPS postmark.If you would like a postmark on ■For an additional fee,and with a proper this Certified Mail recelpt,please present your endorsement on the mailpiece,you may request Certified Mail item at a Post Office'for the following services: postmarking.If you don't need a postmark on this -Return receipt service,which provides a record Certified Mail receipt,detach the barooded portion of delivery(including the recipient's signature). of this label,affix it to the mailpiece,apply You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece. - electronic version.For a hardcopy return receipt, complete PS Form 3811,Domestic Return Receipt attach PS Form 3811 to your mailpiece; IMPORTANT:Save this receipt for your records. Ps Forth 38O0,April 2015(Reverse)PSN.7530-02-000. 7 P�ppTHETp�� Town of Barnstable °AI MASS.SS. MA ' Board of Health 9 �q �A 039.TE0 MAt' 200 Main Street, Hyannis MA 02601 Office: 508-862-4644 Paul J.Canniff,D.M.D. FAX: 508-790-6304 Donald A.Guadagnoli,M.D. Junichi Sawayanagi December 1, 2017 CERTIFIED MAIL# 70151730 00014987 6728 Revised on January 9, 2018 Rosanie P. Joseph c/o Ms. Chantal Joseph 539 River Road Marstons Mills, MA 02648 RE: Board of Health Show-Cause Hearing ORDER TO APPEAR 83 Nautical Way, Hyannis A = 307-237 Dear Ms. Joseph: BOARD MEETING DATE CHANGED TO: FEBRUARY 27, 2018 You failed to connect your property to the Town sewer. Therefore, the Board hereby orders you to attend the February 27, 2018 meeting at 3:00 p.m. at the Town of Barnstable Town Hall, Hearing Room, second floor, 367 Main Street, Hyannis, for a show-cause hearing. This hearing will be held to show-cause why your.property at 83 Nautical Way has not been connected to Town sewer by the July 12, 2016 extended deadline (initial deadline of March 30, 2015). During this hearing, you will have an opportunity to be heard,present witnesses, and provide documentary evidence pertinent to this case. If you have any questions, please call the Barnstable Health Division at: 508-862-4644. PER ORDER OF THE BOARD OF HEALTH tf T omas A. McKean, C.H.O. . Agent of the Board of Health Q:\SEWER connect\Dec.2017 order letters\83 Nautical Revised order letter sewer 1-9-18.doc Town of Barnstable Barnstable 'Board of Health I e'er j 9`"`�r ssB`�g 200 Main Street, Hyannis MA 02601 i639• iOrEa��s 2007 Office: 508-862-4644 Paul J.Canniff,D.M.D FAX: 508-790-6304 Donald A.Guadagnoli,M.D. Junichi Sawayanagi March 6, 2018 Rosanie Joseph c/o Ms. Chantal Joseph 539 River Road Marstons Mills, MA 02648 I ` t tlx : iM'M,@ Hy+ SY'9 4 cif - 41 .7, I q h F •f• �'L1 YY1�, RE Egtens><on To Connect To EPubl><c Sewer �:� 83 Naut><cal°Way Hyann><s �3a � r,fs Dear Ms. Joseph, Thank you for attending the Board of Health meeting on Tuesday February 27, 2018. You are granted a one year extension to connect your property located at 17 Hill Street, Hyannis,to public sewer, on or before February 28,2019. During the hearing, you agreed to come back to the Board of Health in nine months, on October 23, 2018, to pfovide the Board members with an update in regards to the status of your sewer connection plans. If you have any questions, please call the Barnstable Health Division at: 508-862-4644. Sincerely, '�ep k 13m11 4Bor ChairmaHealth Q:\WPFILES\Sewer Extension Joseph 83 Nautical Way 2018.docx I"ET°wy Town of Barnstable °AS A MASS. Board of Health 9 MASS. � 039. �0 prf0 MAt° 200 Main Street, Hyannis MA 02601 Office: 508-862-4644 Paul J.Canniff,D.M.D. FAX: 508-790-6304 Donald A.Guadagnoli,M.D. Junichi Sawayanagi December 1, 2017 CERTIFIED MAIL # 70151730 0001 4987 6728 Revised on January 9, 2018 Rosanie P. Joseph c/o Ms. Chantal Joseph 539 River Road Marstons Mills, MA 02648 RE: Board of Health Show-Cause Hearing ORDER TO APPEAR 83 Nautical Way, Hyannis A = 307-237 Dear Ms. Joseph: BOARD MEETING DATE CHANGED TO: FEBRUARY 27, 2018 You failed to connect your property to the Town sewer. Therefore, the Board hereby orders you to attend the February 27, 2018 meeting at 3:00 p.m. at the Town of Barnstable Town Hall, Hearing Room, second floor, 367 Main Street, Hyannis, for a show-cause hearing. This hearing will be held to show-cause why your property at 83 Nautical Way has not been connected to Town sewer by the July 12, 2016 extended deadline (initial deadline of March 30, 2015). During this hearing, you will have an opportunity to be heard,present witnesses, and provide documentary evidence pertinent to this case. If you have any questions, please call the Barnstable Health Division at: 508-862-4644. PER ORDER OF THE BOARD OF HEALTH L T omas A. McKean, C.H.O. . Agent of the Board of Health Q:\SEWER connect\Dec.2017 order letters\83 Nautical Revised order letter sewer 1-9-18.doc L r� i d 83 Nautical way Communication Time line 3/28/13 First letter to property owners about sewer connection deadline 3/30/15 2/6/15 Reminder letter of 3/30/15 connection deadline 8/21/15 Mailed show-cause hearing request for 10/10/15 BOH meeting-mail returned not signed for. Health division made multiple attempts to reach owner with no success. 10/11/15 Sheriff to deliver order to appear January 12 2016 per BOH 1/12/16 BOH extended connection 6months 7/12/16 11/15/17 E-mail and phone contact with daughter—she says they need an additional extension and she plans to attend meeting in January/February 12/1/17 Show-cause hearing request for January 23 meeting—later changed to February 27 2018 2.,/2,711 0 Z_ z� W01 � � 83 Nautical Way 307-237 Owner: Rosanie and Adrie_n Joseph A Sewer connection Due: 3/30/15 } Did not respond to Health Division mailings Sheriff delivered order to appear before board in March BOH extension Must make rental registration and connect by 7/12/16 Do not have abandonment permit as of 7/1/16 Sharon's notes:,Steward Creek area-Per Constable.Brad Parker 12/9/15=rental, M/M Joseph are divorced. Mrs. lives w/daughter(Chantal), %539 River Rd, MM and daughter was aware of need to 4 connect to sewer. Constable will return to deliver in hand to Mrs.+will cont.trying to track Mr.-slc 1112116 BOH extended,it 6 mo:+must register rental+return to BOH 7112116 w/status.(having difficulty getting loan due to husband.owing mortg.)-slc.BOH 1112116 Chantal(daugh)cell(774-521- 4 9847). F f Malkus, Karen From: Malkus, Karen Sent: Friday,January 12, 2018 2:59 PM To: 'chantij07@gmail.com' Subject: 83 Nautical Revised order letter sewer 1-9-18.doc Attachments: 83 Nautical Revised order letter sewer 1-9-18.doc Hi Chantal, Thanks for helping your mother with the sewer connection for 83 Nautical. Attached is the letter sent out certified mail from the Health Division in Barnstable on 1/10/18,which should be arriving soon. The first letter was returned and now the hearing date is 2/27/18 3PM at Town Hall. At the hearing you can explain your situation and ask for an extension. Without a formal extension the property is not in compliance with the Board of Health order to connect to sewer and may lead to legal action, or possible fines. If you have questions please call Sharon Crocker at: 508-862-4644 or Karen Malkus at 508-862-4641. Best wishes, Karen Karen Malkus Town of Barnstable Health Division Coastal Health Resource Coordinator karen.malkus(o)town.barnstable.ma.us phone: (508) 862-4641 cell: (508) 857-6558 1 `"E t°wy Town of Barnstable RA S MASS. Board of Health 9 MA �q t639• ArfO 39. p 200 Main Street, Hyannis MA 02601 Office: 508-8624644 Paul J.Canniff,D.M.D. FAX: 508-790-6304 Donald A.Guadagnoli,M.D. Junichi Sawayanagi December 1, 2017 CERTIFIED MAIL # 7015 1730 00014987 6728 Revised on January 9, 2018 Rosanie P. Joseph c/o Ms. Chantal Joseph 539 River Road Marstons Mills, MA 02648 RE: Board of Health Show-Cause Hearing ORDER TO APPEAR 83 Nautical Way, Hyannis A = 307-237 Dear Ms. Joseph: BOARD MEETING DATE CHANGED TO: FEBRUARY 27, 2018 You failed to connect your property.to the Town sewer. Therefore, the Board hereby orders you to attend the February 27, 2018 meeting at 3:00 p.m. at the Town of Barnstable Town Hall, Hearing Room, second floor, 367 Main Street, Hyannis, for a show-cause hearing. This hearing will be held to show-cause why your property at 83 Nautical Way has not been connected to Town sewer by the July 12, 2016 extended deadline (initial deadline of March 30, 2015). During this hearing, you will have an opportunity to be heard,present witnesses, and provide documentary evidence pertinent to this case. If you have any questions, please call the Barnstable Health Division at: 508-862-4644. PER ORDER OF THE BOARD OF HEALTH - L T omas A. McKean, C.H.O. . Agent of the Board of Health Q:\SEWER connect\Dec.2017 order letters\83 Nautical Revised order letter sewer 1-9-18.doc o" .. • m III � $Certified Mail Fee 15, � Extra Services&Fees llcheckbcu,add fee as appropriate) [I Return Receipt(hardcepy) $ V' ❑Return Receipt(electronic) $ POstm 1-3 .❑Certified Mail Restricted Delivery $ 0 ❑Aduk Signature Required $ [:]Adult Signature Restricted Delivery$ y p Postage Total Postage and Fees pr S.Pd � u7 Sent To C a _Qo r JcXep" ...................-----------------------=- City Sttate,ZIP+�4a S �r I -------•------- Certified Mail service provides the following benefits: ■A receipt(this portion of the Certified Mail label). for an electronic return receipt,see a retail ■A unique identifier for your mailpiece. associate for assist�a „'P_'�10 receive a duplicate •Electronic verification of delivery or attempted return receipt?�7'f�a u .nal fee,present this delivery. USPS®-postmarked Certified.Mail receipt to the ■A record of delivery(including the recipient's retail associate. signature)that is retained by the Postal Service- Restricted delivery service,which provides for a specified period. delivery to the addressee specified by name,or to the addressee's authorized agent. Important Reminders. Adult signature service,which requires the ■You may purchase Certified Mail service with signee to be at least 21 years of age(not First-Class Mail®,First-Class Package Service®, available at retail). or Priority Mail®service. Adult signature restricted delivery service,which ■Certified Mail service is notavallable for requires the signee to be at least 21 years of age international mail. and provides delivery to the addressee specified ■Insurance coverage is notavailable for purchase by name,or to the addressee's authorized agent with Certified Mail service.However,the purchase (not available at retail). of Certified Mail service does not change the •To ensure that your Certified Mail receipt is Insurance coverage automatically Included with accepted as legal proof of mailing,it should bear a certain Priority Mail items. USPS postmark.If you would like a postmark on is For an additional fee,and with a proper this Certified Mail receipt,please present your endorsement on the mailpiece,you may request Certified Mail item at a Post Office'"for the following services: postmarking.If you don't need a postmark on this -Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portion of delivery(including the recipient's signature). of this label,affix it to the mailpiece,apply You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece. electronic version.For a hardcopy return receipt, complete PS form 3811,Domestic Return Receipt,attach PS Forth 3811 to your mailpiece; IMPORTANP Save this receipt for your records. Ps Form 3800,April 2015(Reverse)PSN 7530-02-000.9047 U.S.POSTAGE>>PITNEYBowEs oF."E Town of Barnstable _ o Public Health Division * rAME MASS.WST�BLE. 200 Main Street ti�1 9r �+ r bso f ti ai' 02 4YV601 OQV..76� •EB MP+� Hyannis,MA 02601 I ' 0000336455 DEC. 04, 201.7. 7015 1730 0001 4987 6339 -- -- - - is D;ZE 1 8 01 ZI 2 a-/..,-17 - RETUR-4 TO SENDER j _UNCLAIMED SC; 02501 400- 0.9 03-22 -1:0-55-8 - 04 311 -! pip -'!,°!i 11!.-{.1it � ! aF i-i!i!•P "1 1t r I1 i , ,I t Si I gnaure a Complete items 1,2,and 3. A. ❑Agent I �I a Print your name and address on the reverse �( I j I ❑Addressee I so that we can return the card to you. I B. Received by(Printed Name) C. Date of Delivery I a Attach this card to the back of the mailpiece, I. I or on the front if space permits. I I 11. Article Addressed to: D. is delivery address different from item 1? ❑Yes i If YES,enter delivery address below: ❑No I m A bz� I 3. Service Type ❑Priority Mail Express® II I�III�I I�) I�I I II II II I I I IIIIII III�I I III�I�II ❑Adult Signature ❑Registered Mail I ❑P(tdult Signature Restricted Delivery ❑ RRegistered Mail Restricted I 99dified Mail® Delivery 9590 9402 1933 6123 1789 72 ❑Certified Mail Restricted Delivery ❑Return Receipt for I ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation I 2. Article Number(Transfer_from service label)__ _ ❑Signature Confirmation i I 6,stricted Delivery Restricted Delivery I 7015 1730 0001 4987 6339 , Domestic Return Receipt PS Form 3811,July 2015 PSN 7530 02-000-9053 Town of Barnstable Barnstable Regulatory Services Department Q Cft HARMABM l 0 D MAM Public Health Division • 039•A` 200 Main Street, Hyannis MA 02601 2007 Office: 508-862-4644 Richard Scali Director FAX: 508-790-6304 Thomas A.McKean,CHO December 1, 2017 CERTIFIED MAIL # 7015 1730 000149876339 r Rosanie P. Joseph c/o Mrs. Chantal Joseph 539 River Road Marston Mills, MA 02648 RE: Board of Health Show-Cause Hearing ORDER TO APPEAR 83 Nautical Way, 'Hyannis-A:= 307-237 _ Dear Property Owner, You failed to connect your property to the Town sewer. Therefore, the Board hereby orders you to:attend the January 23, 2018 meeting at 3:00 p.m. at the Town of Barnstable Town Hall, Hearing Room,ysecorid floor, 367 Main Street, Hyannis, for a show-cause hearing.-This hearing will be held to show-cause why your property at 83 Nautical Way has not been connected to Town sewer by the March 30, 2015 deadline. t During this hearing, you will have an opportunity to be heard,.present witnesses, and provide documentary evidence pertinent to this case. If you have any questions,please call the Barnstable Health Division at: 508-862-4644. PER ORDER OF`THE BOARD OF HEALTH Thomas A. cKean, C.H.O. Agent of the Board`of Health Q:\SEWER connect\Dec.2017 order letters\83 Nautical order letter sewer.doc Town of Barnstable Barnstable Regulatory Services Department y '`a j BARNSPABM b& Public Health Division A'f01A°�A 200 Main Street, Hyannis,MA 02601 2007 Office: 508-862-4644 Richard Scali Director FAX: 508-790-6304 Thomas A.McKean,CHO December 1, 2017 CERTIFIED MAIL # 7015 1730 0001 49876339 Rosanie P. Joseph c/o Mrs. Chantal Joseph 539 River Road Marston Mills, MA 02648 RE: Board of Health Show-Cause Hear><ng " ' = ORDER TO "'APPEAR X, 83 Nautical Way;"Hyannis .,,,} { ' F 4, nqW h A ., 307-237 i Dear Property Owner, You failed to connect your property to the Town sewer. Therefore, the Board hereby orders you to attend the January 23, 2018 meeting at 3:00 p.m. at the Town of Barnstable Town Hall, Hearing Room, second floor, 367 Main Street, Hyannis, for a show-cause hearing. This hearing will be held to show-cause why your property at 83 Nautical Way has not been connected to Town sewer by the March 30, 2015 deadline. During this hearing, you will have an opportunity to be heard, present witnesses, and provide documentary evidence pertinent to this case. If you have any questions,please call the Barnstable Health Division at: 508-862-4644. PER ORDER OF THE BOARD OF HEALTH Thomas A. McKean, C.H.O. Agent of the Board of Health Q:\SEWER connect\Dec.2017 order letters\83 Nautical order letter sewer.doc I J 4, Message �e„� ® 1 of 2� ,.� Y Crocker, Sharon 'J 0a.44 From: McKean, Thomas on behalf of Health Sent: Monday, January 04, 2016 2:48 PM To: Crocker, Sharon; Lavelle, Timothy Subject: FW: MassDEP correspondence -----Original Message----- — � From: Gallagher, Angela (DEP) [mai Ito:angela.gaI lag her@state.ma.us] Sent: Monday, January 04, 2016 2:22 PM To: Health; Lynch, Tom Subject: MassDEP correspondence, 3. "Attached is a copy of a letter from the Department of Environmental Protection, Southeast Regional Office in which you are listed to receive an electronic copy. If you have any question regarding this correspondence please contact the generator of the letter which is located within the last paragraph of the document." Angela Gallagher Bureau of Waste Site Cleanup Massachusetts Department of Environmental Protection 20 Riverside Drive Lakeville, Massachusetts 02347 Phone: 508-946-2790 Fax: 508-947-6557 Follow MassDEP on Twitter: https://twitter.com/MassDEP Subscribe to the MassDEP e-newsletter: mass.gov/dep/public/publications/enews.htm Visit our web site: mass.gov/dep From: Goodine, Lara (DEP) Sent: Friday, December 11, 2015 2:55 PM To: Gallagher, Angela (DEP) Subject: Here is the scanned copy of your letter or letters that'went out today. In Outlook Options there is a "delay delivery" function available for you to use to send the ec's email. As soon as you receive the scanned letter you can set up the "delay delivery" and forget about it. Also recommended that you add yourself to the electronic copy email as a reminder for you to upload the document to Site File Viewer at that time. You can find the email addresses to the Boards.of Health, Chief Municipal Officers, Fire Departments and some Conservation Contacts under"Municipal Contacts". tr Lora Goodine Operations Program Coordinator and Bureau of Waste Site.Cleanup Data Manager . Department of Environmental Protection Southeast Regional Office . 1/4/2016 r Message Page 2 of 2 20 Riverside Drive Lakeville, MA 02347 Phone:508-946-2713 Fax:508-946-2865 email:lara.goodine@state.ma.us Follow MassDEP on Twitter:twitter.com/massdep Follow MassDEP on Flikr:http://www.flickr.com/photos/massdep/ 3 t s 3 V i i s ' 1/4/2016 Commonwealth of Massachusetts 7� T Executive Office of Energy &Environment I-A airs Cl Departure t of Environmental Protection Southeast Regional Office•20 Riverside Drive, Lakeville MA 02347.508-946-2700 Charles D.Baker Matthew A.Beaton Governor Secretary Karyn E.Polito Martin Suuberg Lieutenant Governor Commissioner December 11,2015 Adrien J. and Rosanie P.Joseph RE': BARNSTABLE(Hyannis) 539 River Road Release Tracking Number:4-0024076 Marstons Mills, MA 02648 Residential Property 83-85 Nautical Way _ UNILATERAL ADMINISTRATIVE ORDER UAO-SE-15-311-001 Dear Mr.and Mrs.Joseph: Enclosed is a Unilateral Administrative Order requiring you to conduct activities at the site referenced above. This document is being issued due to your failure to conduct activities as required in the Department of Environmental Protection's Notice of Noncompliance,dated June 19, 2013,and Notice of Response Action/Interim Deadline letter,dated August 6,2013. Please contact Angela Gallagher by calling(508)946-2790 if you have any questions. t; Sincerely, (!r ,G Millie Garcia-Serrano,MPH�cr Regional Director rn�'�+ G-S/JTH/AG/Ig Enclosures: Original Copy of.Unilateral Administrative Order UAO-SE-15-311-001 HAND DELIEVERED BY BARNSTABLE COUNTY SHERIFF'S OFFICE RETURN RECEIPT REQUESTED' ecr Town of Barnstable Board of Health Board of Selectmen This information is available in alternate format.Call Michelle Waters-Ekanem,Diversity Director,at 617.292.5751.TTY4 MassRelay Service 9.800.439.2370 MassDEP Website:www.mass.cgov/dep Printed on Recycled Paper f , Release Tracking Number 4-24076 Page 2 of 2 DE P-SERO Attn: Gerard Martin,Acting Deputy Regional Director Attn:John T. Handrahan,Acting Section Chief, Brownfields, Compliance& Enforcement,and Risk Reduction Attn:Angela Gallagher,Task Manager, Brownfields,Compliance&Enforcement,and Risk Reduction Attn: Dan d'Hedouville, Regional Counsel Attn: Lisa Ramos, Regional Enforcement Office Attn: Lara Goodine, BWSC—Data [UAO, PAN) cc: DEP-SERO t Attn: Regional Enforcement Office e ® Commonwealth of Massachusetts Executive Office of Energy &Environmental Affairs Department of Environmental Protection Southeast Regional Office•20 Riverside Drive, Lakeville MA 02347.508-946-2700 Charles D.Baker Matthew A.Beaton Governor Secretary Karyn E.Polito Martin Suuberg Lieutenant Governor Commissioner In the Matter of: ) RE: BARNSTABLE(HYANNIS) I Release Tracking Number: 4-0024076 Adrien J.and,Rosanie P.Joseph ) 83-85 Nautical Way 539 River Road } PENALTY ASSESSMENT NOTICE Marstons Mills,MA 02648 } PAN-SE-15-311-001 Date of PAN Issuance: December 11,2015 PAN#: PAN-SE-15-313-001 Amount:$26,660.00 Program ID#: 4-00,24076 THIS NOTICE IS IMPORTANT. FAILURE TO RESPOND COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. The Massachusetts Department of Environmental Protection ("MassDEP") hereby notifies you of its intent to assess a Civil Administrative Penalty in the amount of twenty six thousand,six hundred and sixty dollars ($26,660) under the authority of the Civil Administrative Penalties Act, M.G.L. c. 21A, §16, and its regulations'.at 310 C MR 5,00. The penalty is.a result of Adrien J. and Rosanie P. Joseph's ("Respondents"or "Mr. and Mrs.Joseph")failure to comply with the Massachusetts Contingency Plan (or "M CP")310 CM R 40.0000. STATEMENT OF FACTS The following facts have lead to MassDEP issuance of this Civil Administrative Penalty: 1. For purposes of this Order, the "Site" includes the area on and around 83-85 Nautical Way, Barnstable (Hyannis), Massachusetts and all other areas where oil and/or hazardous materials emanating from property have come to be located. On:August. 23; 2012, MassDEP issued-a Notice of Responsibility (NOR) to the Respondents explaining their statutory liabilities and static g.the required actions, including the submittal of a Release Notification form (RNF) and Immediate'Response Action (IRA) Plan in accordance 310 CMR 40.0333(1)(b)and 310 CMR 40.0420(7) This information is available in alternate formal.Call Michelle Waters-Ekaneni,Diversity Director,at 617-292-5751.TTY#MassRelay Service 1-B00.439.2370 MassDEP Websile:www.mass.gov/del) r c Printed on Recycled Paper Release Tracking Number 4-0024076 , �, Page 2 of 4 310 CMR 40.0333(1)(b)states,in part,that persons described in 310 CMR 40.0331(1)shall submit to.MassDEP a completed RNF within sixty (60) days of receipt of an NOR from MassDEP. 310 CMR'40.0420 states, in part,,that an IRA Plan shall be submitted to the MassDEP within sixty(60)days of the date that the Department issues an NOR indicating a person is F a PRP for a site at an IRA Plan is required. 2. The Respondent has°failed''to-complete the required response actions outlined in paragraph 1, above. 3. a On June 19, 2013, MassDEP issued a Notice of Noncompliance("NON")to Respondents describing the above violations,specifying the actions to be to return to compliance, and stating the deadlines x for performing such actions. Respondents failed to comply with the NON nor did they contact MassDEP relative to the NON. ' 4. 6 2 On�Au August 014 MassDEP issued a Not of g u e Response Action/Interim Deadline Letter (NORA/IDL) and Access Agreement to Respondents to initiate potential response actions and provide Respondents the opportunity„to'initiateR such actions on their own. Respondents failed to respond to the NORA/IDL. 5.. To date,Respondents have failed to comply with the deadlines set forth in the aforementioned. NON and NORA/IDL. R 5.. The Respondents actions are willful,and not the result of error. DISPOSITION Pursuant to the authority,and reasons stated herein, MassDEP hereby assesses a civil administrative penalty on ,Mr.'and M,rs.Joseph in the amount of Twenty six thousand, six hundred and sixty dollars ($26,660). Pursuant,to 310 CMR 5:32(3);the amount assessed for the violation,described above is as follows: 1. 310 CMR 40.0333(1)(How To Notify), Eight Hundred Sixty Dollars($860). 2. - 310 CMR 40.0420(7)(Requirements,Approvals and Time Lines for Conducting Immediate Response Actions),twenty five thousand and eight hundred dollars($25,800). This calculation is based on an underlying penalty amount of eight hundred sixty dollars($860)at thirty(30)days of continuing violation. As required by M.G.L,=c.21A,.§16 and 310 CMR 5.25, MassDEP considered the following factors in determining the amount of the penalty: 1. The actual and potential impact on public health,safety,and welfare,and the environment,of the non-compliance; TM 2. The actual and potential damages suffered,and actual or potential costs incurred,by the } Commonwealth,or by any other person,asaa;result of the non-compliance; 3. Whether Mr.and Mrs.Joseph took steps to prevent the non-compliance; x r Release Tracking Number 4-0024076 Page 3 of 4 4. Whether Mr.and Mrs.Joseph took steps to promptly come into compliance after the occurrence of the non-compliance; S. Whether Mr.and Mrs.Joseph took steps to remedy and mitigate whatever harm might have been done as a result of the non-compliance; 6. Whether Mr.and Mrs.Joseph have previously failed to comply with any regulation,order,license, or approval issued or adopted by MassDEP,or any law which MassDEP has the authority or responsibility to enforce; 7. Making compliance less costly than non-compliance; 8. Deterring future noncompliance by Mr.and Mrs.Joseph; 9. Deterring future noncompliance by persons other than Mr.and Mrs.Joseph; 10. Mr.and Mrs.Joseph's financial condition; 11. The public interest;and 12. Any other factor(s)that reasonably may be considered in determining the amount of a Penalty. Full payment of the$26,660.00 penalty must be received by MassDEP no later than twenty-one (21)days from the date of this Penalty Assessment Notice ("PAN"). Payment must be made by cashier's check,certified check or money order made payable to the Commonwealth of Massachusetts and must be sent to: Commonwealth of Massachusetts, Department of Environmental Protection, Commonwealth Master Lockbox, P.O. Box 3982, Boston, MA 02241-3982. In order to insure your payment is correctly .applied, please include on your check the PAN number PAN-SE-15-311-001. You have a right to appeal this PAN, as described in the instructions included with this Notice. If you fail to pay the penalty or to file a timely appeal (see attached appeal instructions for details), the penalty will become final and the MassDEP will proceed to collect the debt. The debt may be referred either to a collection agency,to the Massachusetts Attorney General's Office for collection or to the State Comptroller's Office for collection and interception of other money due to you from the state. In the event of nonpayment of a final penalty, the-MassDEP is entitled to assess and collect up to three times the amount of the final penalty, plus interest and costs from the time the penalty became final, plus attorneys fees,including fees directly incurred from penalty collection,pursuant to M.G.L,c.21A,§16. i Payment of this penalty does not constitute compliance with the MCP. If you do not make the required submittals immediately, you remain subject to continued enforcement action by MassDEP.The issuance of this penalty does not preclude further action, including assessment of additional administrative,civil or criminal penalties deemed necessary by MassDEP to obtain compliance. i . If you have any questions about this penalty,please contact Angela Gallagher at(S08)946-2790. SO ORDERED: DEPARTMENT OF ENVIRONMENTAL PROTECTION BY: DATE: Millie Garcia Serrano Regional Director Release Tracking Number 4-0024076 Page 4 of 4 Bureau Contact: John T. Handrahan,Acting Chief Compliance&Enforcement Section Bureau of Waste Site Cleanup G-S/J H/AG/Ig y Attachments: Copy of Notice of Noncompliance, Copy of Procedures for Appeal ec: Town of Barnstable Board of Health Board of Selectmen t DEP-SERO Attn: Gerard Martin,Acting Deputy Regional Director Attn:John Handrahan,Acting Chief, Brownfields,Compliance& Enforcement,and Risk Reduction Attn: Dan d'Hedouville,'Regional Counsel Attn: Lisa Ramos,Regional Enforcement Office Attn: Lara Goodine, BWSC—[PAN] cc: . DEP-SERO Attn: Lisa Ramos Attn: Regional Enforcement Office . f Massachusetts Department of Environmental Protection Adjudicatory Hearing Fee Transmittal Form IMPORTANTI This form.is intended for fee transmittal only.The contents of a request for an adjudicatory appeal (Notice of Claim)are established at 310 CMR 1.01(6)and the substantive statutes and regulations governing the Department's action. A. Person/Party Making Request 1. Name and address of person or party making request: Important:When filling out forms on Name-If appropriate,name group representative the computer,use only the tab key to move your cursor- Street Address do not use the return key. City' State Zip Code 2. Project Information: , Street Address reran City State Zip Code DEP File or ID Number Amount of filing fee attached 6 B. Applicant (if applicable) 1. Name and address of applicant: Name-If appropriate,name group representative. Street Address city State Zip Code C. Instructions 1. Send this form and check or money order of$100.00 payable to the Commonwealth of Massachusetts to the MassDEP Lockbox at: Department of Environmental Protection P.O.Box 4062 • Boston,MA 02211' 2. Send a copy of this form and a copy of the check or money'order with the Request for Adjudicatory Appeal (Notice of Claim)to: Case Administrator Office of Appeals and Dispute Resolution One Winter Street Boston, MA 02108 i PROCEDURES FOR APPEALING THIS PENALTY Requesting a Hearing You have a right to appeal this penalty by requesting an adjudicatory hearing. To do so,your written request for a hearing must be received by the Department at the lockbox identified below within twenty-one(21)calendar days from the date the Penalty Assessment Notice("PAN")was issued (i.e.the date the PAN was postmarked). All hearing requests must contain a denial of the violations alleged'in the penalty assessment notice,an assertion that the amount of the penalty is excessive,or both. Adiudicatory Hearings A formal adjudicatory hearing is one that meets all the procedural requirements of M.G.L. c. 30A,§11. In a formal hearing,the parties may conduct discovery,submit written motions and briefs,submit live or written testimony,cross-examine witnesses and present other documentary evidence to an administrative law judge. Under Departmental policy,all formal adjudicatory hearings are completed within one year of receipt of the request for the hearing. Final written decisions resolving formal hearings are issued by the Commissioner within 3Yz months after the close of the hearing record. A form for requesting 4 formal adjudicatory hearing is attached. Required Filing Fees and Mailing Address Unless you are exempt or request a fee waiver as described below,your request for a hearing must include payment of the applicable filing fee pursuant to 310 CMR 4.06:$100 for formal adjudicatory hearings. Your hearing request will be dismissed if a required filing fee is not paid. Send your request for a hearing and the filing fee to:Commonwealth of Massachusetts,Department of Environmental Protection,Commonwealth Master Lockbox,P.O. Box 4062,Boston, MA 02211-4062. Exemptions and Waivers from the Filing Fee Petitioners are exempt from the filing fee requirement if they are cities,towns,counties,districts of the Commonwealth,municipal housing authorities or other municipal authorities,,and federally recognized Indian tribal housing authorities.The Department may waive the filing fee for any person who demonstrates that paying the fee will create an undue financial hardship. To seek a waiver,your request for a hearing must include a statement of the facts supporting your claim of financial hardship. i f COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION In the Matter of: ) RE: BARNSTABLE(Hyannis) Release Tracking Number: 4-0024076 Adrien J.and Rosanie P.Joseph ) Residential Property 539 River Road „„' ) 83-85 Nautical Way Marston Mills,MA 02648 } UNILATERAL ADMINISTRATIVE } ORDER UAO-SE-15-3 R-001 THIS ORDER IS IWORTANT. FAILURE TO RESPOND COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. I.THE PARTIES l) The Department of Environmental Protection ("MassDEP" or the "Department") is a duly, constituted agency of the Commonwealth of Massachusetts (the "Commonwealth"). MassDEP maintains a primary office at One Winter Street,Boston,Massachusetts 02108,and a regional office at 20 Riverside Drive,Lakeville,Massachusetts 02347. 2) Mr. Adrien J. and Mrs, Rosanie P. Joseph ("Respondents" or "Mr. and Mrs. Joseph") own the property located at 83-85 Nautical Way, Barnstable, Massachusetts. The property is a residential property. H.STATEMENT OF PURPOSE 3) This Unilateral Administrative Order(the"Order") is issued to Mr. and Mrs.Joseph because it is in the public interest to proceed promptly with the response actions called for herein. III.STATEMENT OF LAW 4} MassDEP is charged with the implementation and enforcement of the Massachusetts Oil and. Hazardous Material Release Prevention and Response Act,M.G.L. c. 21E,as amended,("M.G.L. c. 21.E") and the regulations promulgated thereunder as the Massachusetts Contingency Plan (the "MCP")at 310 C.M.R.40.0000 et,seq. 5) Pursuant to M.G.L. c. 21E, § 9, whenever it has reason to believe that oil or hazardous material has been released or that there is a threat of release of oil or hazardous material,MassDEP may issue to any person described in M.G.L. c.21E, § 5 an order requiring such person to conduct an assessment of such release or threat of release. Whenever there is a violation of M.G.L. c. 21E, MassDEP may also issue to a person causing or contributing to.the violation an order requiring the production or analysis of samples and the production of records, or imposing such restraints of or requiring such actions by said persons. 6) Issuance of an order by MassDEP pursuant to M.G.L.c. 21 E, §9 shall not preclude,and shall not be ; deemed an election to forego, any action authorized by M.G.L. c. 21E, § 4 or any action to recover damages,costs,or to seek civil penalties,criminal fines and sanctions,or injunctive relief. I. S Unilateral Administrative Order Page 2 . UAO-SE-15-3R-001 7) An order issued pursuant to M.G.L. c. 21E, § 10(a) shall be subject to an adjudicatory proceeding and shall be subject to all provisions of M.G.L.c.30A governing adjudicatory proceedings. 8) Any person aggrieved by the issuance of an order pursuant to M.G.L. c. 21 E, § 9 may request an adjudicatory hearing before MassDEP,pursuant to M.G.L.c.21E,§ 10(a). 9) MassDEP is authorized to assess civil administrative penalties pursuant to M.G.L. C. 21A, § 16 and the regulations promulgated thereunder at 310 C.M.R.5.00 et.seq.. 10) Pursuant to M.G.L. c. 21E; § 11, any violation of M.G.L. c. 21E, or any order issued thereunder, } shall be presumed to constitute irreparable harm to the public health, safety, welfare or the environment. Such presumption may be rebutted by a preponderance of the evidence. 11) Pursuant to M.G.L. c. 21E, § 11, in addition to costs incurred by the Commonwealth for the investigation, assessment, containment and removal of a release or threat of release of oil or hazardous material, any person who violates any provision of M.G.L. c. 21E, or any order or regulation issued or adopted thereunder: (a)shall be subject to a civil penalty not to exceed twenty- five thousand dollars for each such violation; or (b) shall be punished by a fine of not more than twenty-five thousand dollars, or by imprisonment for not more than two years in a house of correction,or both,for each such violation. 12) Pertinent provision(s)of the Massachusetts Contingency Plan are as follows: 310 CMR 40.0010 Effect of Orders and Appeals The issuance of an order under M.G.L. c.21E, §§ 9 or 10, or any.appeal of an order issued under M.G.L.c.21 E, §9, shall not prevent MassDEP from issuing any future order(s)or from taking any other action authorized by law, including, but not limited to,taking or arranging for one or more response actions at the disposal site which is the subject of the order or appeal. 310 CMR 40.0333(2) Notification Requirements and Procedures Persons described in 310 CMR 40.033(1) shall submit to MassDEP a completed Release Notification Form within the earliest of the following dates: a) within sixty (60) days of your notifying MassDEP of the release condition; or b)within sixty(60) days of your receipt of a Notice of Responsibility(NOR)from MassDEP. 310 CMR 40.0420(7) Immediate Response Action Plans An Immediate Response Action Plan shall be submitted to the MassDEP within sixty (60) days of providing oral notification to the MassDEP of a `2 Hour' or '72 Hour' Release. Unilateral Administrative Order Page 3 UAO-SE-15-3R-001 310 CMR 40.0501(3): Tier Classification and Response Action Deadlines Except where a site has filed a Permanent Solution Statement or Downgradient Property Status Submittal, all sites for which MassDEP receives notification of a release or thereat of release of oil and/or hazardous material pursuant to 310 CMR 40.0300 on or after October 1, 1993, shall be classified as either a Tier I or Tier I1 disposal site in accordance with 310 CMR 40.0500. A Tier Classification submittal shall be submitted to MassDEP within one. year of the earliest computed deadline in accordance with 310 CMR 40.0404(3). J 13) All terms contained in this.Order that are defined in M.G.L. c. 21 E and/or the MCP shall.have the meaning given to them in M.G.L.c.2 1 E and/or the MCP. r IV.STATEMENT OF FACTS 14) For purposes of this Order, the "Site" includes an area on and around 83-85 Nautical Way, Barnstable, Massachusetts and all other areas where oil and/or hazardous materials emanating from property have come to be located. On August 23, 2012, MassDEP issued a Notice of Responsibility (NOR) to the Respondents explaining their statutory liabilities and stating the required actions, including the submittal of a. Release Notification Form(RNF)and Immediate Response Action(IRA)Plan in accordance 310 CMR 40.0333(1)(b)and 310 CMR 40.0420(7). 310 CMR 40.0333(1)(b) states, in part, that persons described in 310 CMR 40,0331(1) shall submit to MassDEP a completed RNF within sixty(60) days of receipt of an NOR ' from MassDEP. n s. 310 CMR 40.0420 states, in part,'that an IRA Plan shall be submitted to the MassDEP within sixty(60)days of the date that the Department issues an NOR indicating a person is a PRP for a site at which an IRA Plan'is required. 15) The Respondent has failed to complete the required response actions outlined in paragraph 14, above. 16) On June 19, 2013, MassDEP issued a Notice of Noncompliance ("NON") to Respondents describing the above violations, specifying the actions to be taken to return to compliance, and stating the deadlines for performing such actions. Respondents failed to comply with the NON. 17) On August 6, 2014, MassDEP issued a Notice of Response Action/Interim Deadline Letter (NORA/IDL) and Access Agreement to Respondents to initiate potential response actions and provide Respondents the opportunity to initiate such actions on their own. Respondents failed to respond to the NORA/IDL. 18) To date, Respondents have not complied with MassDEP's June 19, 2013 NON or the August 6, M 2014,NORA/IDL. Unilateral Administrative Order Page 4 UAO-SE-15-3R-001 19) In addition to the violation's noted above, the Respondents have not complied with additional requirements set forth in 310 CMR 40.0000, The Respondents were required,pursuant to 310 CMR 40.0500, to submit a Tier Classification to the Department on or before August 23, 2013. To date, the Department has not received a Tier Classification pursuant to 310 CMR 40.0500. V.DISPOSITION 20) This Order is issued by MassDEP pursuant to its authorities under M.G.L.c.21 E§§9 and 10.. 21) Nothing in this Order shall be construed as or operate as,barring,diminishing,adjudicating,or in any way affecting the legal or equitable right of MassDEP to issue any future Order with respect to the subject matter covered by this Order, or in any way affecting any other claim, action, suit, cause of action, or demand which MassDEP may initiate, including, but not limited to, the: (i) recovery of costs incurred by the Commonwealth in oversight,administration and enforcement of this Order,(ii) . + recovery of any other past or future costs incurred by the Commonwealth in connection with response activities conducted at Site or.related areas arising out of the release or threat of release of oil and/or hazardous material,(iii)recovery of damages to natural resources pursuant to M.G.L.c. 21E § 5 or.42 U.S.C. § 9601, ct. seq., (iv) recovery of damages to the Commonwealth's real or personal property pursuant to M.G.L. c. 21E, Section 5, (v)enforcement of the terms of this Order, (vi)enforcement of pastor future noncompliance with any statute or regulation,and/or(vii)the right to seek administrative penalties or take other enforcement action for the violations set forth herein. 22) Nothing in this Order shall prevent MassDEP from requiring that Mr. and Mrs. Joseph take additional actions or pay additional fees beyond those required in this Order in order to comply with all applicable statutes and regulations includirig,without limitation,the MCP and M.G.L.c.21E. 23) MassDEP hereby determines that the deadlines.set forth in this Order constitute reasonable times to perform the acts in this Order and that the activities required pursuant to this Order otherwise meet the requirements of M.G.L.c.21 E and the MCP. 24) .The activities required pursuant to this Order are subject to approval by MassDEP and shall comply with all other applicable federal,state and local laws. 25) This Order shall apply to and be binding upon Mr. and Mrs. Joseph,their agents, heirs,successors, and assigns. No change in property ownership will alter in any way the responsibility of Mr. and Mrs. Joseph under this Order. Mr. and Mrs.Joseph shall provide a signed copy of this Order to any subsequent owner,heirs,successors and assigns before rights are transferred. 26) Mr. and Mrs. Joseph shall provide a copy of this Order to each LSP, contractor, or consulting firm retained to conduct any portion of the work pursuant to this Order. 27) Notwithstanding the terms of any contract,Mr.and Mrs.Joseph shall not violate this Order and shall not allow their contractors, subcontractors, consultants, LSP, successors, heirs, assigns or agents to ; violate this Order. VT.ORDER 28) For the reasons and under the authority set forth in Sections 1I, Ill, IV and V of this Order,MassDEP hereby issues this Order to Mr.and Mrs.Joseph:, Unilateral Administrative Order Page 5 UAO-SE-15-3 R-001 29) On the date this Order becomes effective, Mr. and Mrs. Joseph shall comply with the following schedule: a) . By February 1,20f6, submit to.MassDEP a Phase I Initial Site Investigation report and Tier Classification Submittal, prepared in full accordance with 310 CMR 40.0500. b) By February 1, 2016, submit to MassDEP a Release Notification Form in compliance with 310 CMR 40.0333. d) By February 1, 2016, submit to MassDEP an Immediate Response Action Plan, prepared in full accordance with 310 CMR 40.0420. If the IRA has been completed,you may submit an IRA Completion statement instead. d VIL NOTICE OF RIGHT TO REQUEST ADJUDICATORY HEARING 30) Mr. and.Mrs. Joseph are hereby notified of their right to.an adjudicatory hearing on this Unilateral Administrative Order under the provisions of M.G.L. c.30A and in accordance with 310 CMR 1.00 and 310 CMR 40.0050 within twenty-.one (21) days of the date of issuance of this Unilateral Administrative Order. 31) Any request by the Respondents for a hearing on this Unilateral Administrative Order must be sent k with the enclosed form and the$100.00 fee to: Docket Clerk f Department of Environmental Protection Box 4062 Boston,Massachusetts 02211 by certified mail or hand-delivery within twenty-one(21) days of the date of issuance of this Unilateral Administrative Order. A copy of the request shall be sent by certified mail or hand- delivered simultaneously to: Bureau of Waste Site Cleanup Department of Environmental Protection Southeast Regional Office Bureau of Waste Site Cleanup 20 Riverside Drive Lakeville,Massachusetts,02347 and the Chief Municipal Officer for the municipality where the disposal site is located. 32) Any request by Mr,and Mrs.Joseph fora hearing on this Unilateral Administrative Order,submitted pursuant to 310 CMR 40.0050, shall state clearly and concisely the facts which are grounds for the proceeding, in what manner the person, in whose name the request is made, is aggrieved and the remedy that is being sought. The appropriate filing fee required under 310 CMR 4,00 shall be-sent to MassDEP in the manner required herein. Unilateral Administrative Order Page 6 UAO-SE-15-3 R-001 33) Pursuant to 310 CMR 40.0050(7), the filing of an appeal of this Unilateral Administrative Order shall not prevent MassDEP from issuing any future orders or taking any other action MassDEP reasonably deems necessary to respond to a release or threat of release of oil or hazardous material, including,but not limited to,taking or arranging one or more response actions at the Site. VIH.ADDITIONAL PROVISIONS 34) Pursuant to M.G.L.c. 2 1 E § 10(a), if Mr. and Mrs.Joseph fail to timely file an appeal of this Order, this Order shall be deemed assented to and becomes effective twenty-one(21)days after the date of issuance of this Order. If Mr.and Mrs.Joseph appeal the Order,the effective date will be established pursuant to the terms and provisions of M.G.L.c.30A and 310 CMR L00. 35) MassDEP represents that the Regional Director has the authority to issue this Order on behalf of MassDEP. 36) MassDEP may, on its own initiative or upon reasonable documented request from Mr. and Mrs. Joseph, extend any deadline established in Section VI of this Order,by a written amendment hereto. If Mr. and Mrs. Joseph have reason to know that any event has occurred or may occur which could cause Aelay of performance hereunder, Mr. and Mrs. Joseph shall immediately notify MassDEP in writing,specifying the cause for the delay. 37) Failure of MassDEP to complain of action or non-action on the part of Mr.and Mrs.Joseph shall not constitute a waiver by MassDEP of any of their rights hereunder. Furthermore, no waiver by MassDEP of any provision herein shall be construed as a waiver of any other provision herein. 38) If any term or provision of this Order,or the application thereof,to any person or circumstance,shall, to any extent, be invalid or unenforceable, the remainder of this Order, and the application thereof, shall not be affected thereby, and each remaining term and provision shall be valid and enforceable to the extent permitted by law. 39) Each document submission required from Mr.and Mrs.Joseph by this Order shall be submitted to: Bureau of Waste Site Cleanup Department of Environmental Protection Southeast Regional Office 20 Riverside Drive Lakeville,MA 02347 40) The submission(s)required by this Order shall be accompanied by any applicable fee(s). SO ORDERED: DEP MENT�O ONMENTAL PROTECTION l lr c am-at'- Jena o BY: DATE: Millie cia-Serrano .Regional Director Town of Barnstable Barnstable PROF SHE.T�y Board of Health jerica CRY 9 MASS. 200 Main Street, Hyannis.MA 02601 i679• Arfn MAt" 2007 W Office: 508-862-4644 Wayne Miller,M.D. FAX: 508-790-6304 Paul Canniff,D.M.D. Junichi Sawayanagi January 22, 2016 Rosanie and Adrien Joseph c/o Ms. Chantal Joseph 539 River Road Marstons Mills, MA 02648 RE: Board of Health Show-Cause Hearing Reminder 83 Nautical Road, Hyannis A = 307-237 . Dear Ms. Rosanie.Joseph, This is a reminder that you are scheduled to-appear before the Board of Health to provide an update to the Board at their July 12, 2016 meeting at 3:00 p.m., for a continued show-cause hearing. This hearing will be held to receive updated information from you regarding your request for an extension of time to connect your property at 83 Nautical Way to Town sewer. The hearing will be held at the Town of Barnstable Town Hall, Hearing Room, second floor, 367 Main Street, Hyannis Also,you are reminded that you must register this rental property with the Health Division Office each year. If you have any questions please call the Barnstable Health Division at: 508-862-4644. PER ORDER OF THE BOARD OF HEALTH omas A. McKean, C. Agent of the Board of Health Q:\SEWER connect\83 Nautical Rd Hy.Joseph.Jan20l6.docx ® Commonwealth of Massachusetts Executive Office of Energy &Environmental Affairs Department of Environmental Protection Southeast Regional Office•20 Riverside Drive, Lakeville MA 02347.508-946-2700 rCharles D.Baker Matthew A.Beaton Governor Secretary Karyn E.Polito Martin Suuberg Lieutenant Governor Commissioner December 11, 2015 Adrien J. and Rosanie P.Joseph RE: BARNSTABLE(Hyannis) 539 River Road Release Tracking Number:4-0024076 Marstons Mills, MA02648 Residential Property 83-85 Nautical Way UNILATERAL ADMINISTRATIVE ORDER UAO-SE-15-311-001 Dear Mr.and Mrs.Joseph: ` Enclosed is a Unilateral Administrative Order requiring you to conduct activities at the site referenced above. This document is being issued due to your failure to conduct activities as required in the Department of Environmental Protection's.Notice of Noncompliance,dated June 19,2013,and Notice of Response Action/Interim Deadline letter,dated August 6,2013. Please contact Angela Gallagher by calling(508)946-2790 if you�have any questions. Sincerely, MPH Millie Garcia-Serrano, Regional Director G-S/JTH/AG/Ig Enclosures: Original Copy of Unilateral Administrative Order UAO-SE-15-311-001 HAND DELIEVERED BY BARNSTABLE COUNTY SHERIFF'S OFFICE RETURN RECEIPT REQUESTED ec: Town of Barnstable Board of Health Board of Selectmen This information Is available In alternate format.Call Michelle Waters-Ekanem,Diversity Director,at 617.292.5751.TTY4 MassRelay Service 1.800.439-2376 MassDEP Website:www.mass.gov/dep" z Printed on Recycled Paper Release Tracking Number 4-24076 Page 2 of 2 DEP-SERO Attn: Gerard Martin,Acting Deputy Regional Director Attn:John T; Handrahan,Acting Section Chief, Brownfields, Compliance& Enforcement,and Risk Reduction Attn:Angela Gallagher,Task Manager, Brownfieids,Compliance&Enforcement,and Risk Reduction Attn: Dan d'Hedouville, Regional Counsel Attn: Lisa Ramos, Regional Enforcement Office Attn: Lara Goodine, BWSC—Data [UAO, PAN] cc: DEP-SERO Attn: Regional Enforcement Office j I _ i ® o Commonwealth of Massachusetts Executive Office of Energy &Environmental Affairs Department of Environmental Protection Southeast Regional Office•'20 Riverside Drive, Lakeville MA 02347.508-946-2700 Charles D.Baker Matthew A.Beaton Governor Secretary Karyn E.Polito Martin Suuberg Lieutenant Governor Commissioner In the Matter of: ) RE: BARNSTABLE(HYANNIS) Release Tracking Number: 4-0024076 Adrien J. and Rosanie P.Joseph ) 83-85 Nautical Way 539 River Road ) PENALTY ASSESSMENT NOTICE Marstons Mills,MA 02648 ) PAN-SE-15-311-001 Date of PAN Issuance: December 11,2015 PAN#: PAN-SE-15-311-001 Amount:$ 26,660.00 Program ID#: 4-0024076 THIS NOTICE IS IMPORTANT. ' FAILURE TO RESPOND COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. The Massachusetts Department of Environmental Protection ("MassDEP") hereby notifies you of its intent to assess a Civil Administrative Penalty in the amount of twenty six thousand,six hundred and sixty dollars ($26,660) under the authority of the Civil Administrative Penalties Act, M.G.L. c. 21A, §16, and its regulations at 310 C MR 5.00. The penalty is a result of Adrien J. and Rosanie P. Joseph's ("Respondents" or "Mr. and Mrs.Joseph")failure to comply with the Massachusetts Contingency Plan (or "MCP")310 CMR 40.0000. STATEMENT OF FACTS The following facts have lead to MassDEP issuance of this Civil Administrative Penalty: 1. For purposes of this Order, the "Site" includes the area on and around 83-85 Nautical Way, - Barnstable (Hyannis), Massachusetts and all'other areas where oil and/or hazardous materials emanating from property have come to be located. On- August 23, 2012, MassDEP issued a Notice of Responsibility (NOR) to the Respondents explaining their statutory liabilities and stating the required actions, including the submittal of a Release Notification Form (RNF) and Immediate Response Action (IRA) Plan in accordance 31.0 CMR 40.0333(1)(b)and 310 CMR 40.0420(7). This information is available in alternate formal.Call Michelle Waters-E kanem,Diversity Director,at 617-292-5751.TTY#MassRelay Service 1.800.439-2370 MassDEP Websile:www.mass.gov/dep Printed on Recycled Paper Release Tracking Number 4-0024076 Page 2 of 4 310 CMR 40.0333(1)(b)states,in part,that persons described in 310 CMR 40.0331(1)shall submit to MassDEP a completed RNF within sixty (60) days of receipt of an.NOR from MassDEP. 310 CMR 40.0420 states, in part, that an IRA Plan shall be submitted to the MassDEP within sixty(60)days of the date that the Department Issues an NOR indicating a person is a PRP for a site at which an IRA Plan is required. 2. The Respondent has failed to complete the required response actions outlined in paragraph 1, above. 3. On June 19, 2013, MassDEP issued a Notice of Noncompliance("NON")to Respondents describing the above violations, specifying the actions to be taken to return to compliance, and stating the deadlines for performing such actions. Respondents failed to comply with the NON nor did they contact MassDEP' relative to the NON. 4. On August 6, 2014, MassDEP issued a Notice of Response Action/interim Deadline Letter (NORA/IDL) and-Access Agreement.to Respondents to initiate potential response actions and provide Respondents the opportunity to initiate such actions on their own. Respondents failed to respond to the " NORA/IDL. } 5. To date, Respondents have failed to comply with the deadlines set forth in the aforementioned NON and,NORA/IDL. 5. The Respondents_actions are willful and not the result of error. DISPOSITION Pursuant to the authority and reasons stated herein, MassDEP hereby assesses a civil administrative penalty on Mr. and Mrs. Joseph in the amount of Twenty six thousand, six hundred and sixty dollars ($26,660). Pursuant to 31O CMR 5.32(3),'the amount assessed for the violation, described above is as follows: 1. 310 CMR 40.0333(1)(How To Notify), Eight Hundred Sixty Dollars($860). 2. 310 CMR 40.0420(7)(Requirements,Approvals and Time Lines for Conducting Immediate Response Actions),twenty five thousand and eight hundred dollars($25,800). This calculation is based on an underlying penalty amount of eight hundred sixty dollars($860)at thirty(30)days of continuing violation. As required by M.G.L.c.21A,.§16 and 310 CMR 5.25, MassDEP considered the following factors in determining the amount of the penalty: 1. The actual and potential impact on public health,safety,and welfare,and the environment,of the non-compliance; 2. The actual and potential damages suffered,and actual or potential costs incurred,by the Commonwealth,or by any other person,as a result of the non-compliance; 3. Whether Mr.and Mrs.Joseph took steps to prevent the non-compliance; .Release Tracking Number 4-0024076 Page 3 of 4 4. Whether Mr.and Mrs.Joseph took steps to promptly come into compliance after the occurrence of the noncompliance; 5. Whether Mr.and Mrs.Joseph took steps to remedy and mitigate whatever harm might have been done as a result of the non-compliance; 6. Whether Mr.and Mrs.Joseph have previously failed to comply with any regulation,order,license, or approval Issued or adopted by MassDEP,or any law which MassDEP has the authority or responsibility to enforce; 7. Making compliance less costly than non-compliance; 8. Deterring future noncompliance by Mr.and MrsAoseph; 9. Deterring,future noncompliance by persons other than Mr.and Mrs.Joseph; 10. Mr.and Mrs.Joseph's financial condition; 11. The public interest;and 12. Any other factor(s)that reasonably may be considered in determining the amount of a Penalty. Full payment of the$26,660.00 penalty must be'received by MassDEP no later than twenty-one (21)days from the date of this Penalty Assessment Notice("PAN"). Payment must be made by cashier's check,certified check or money order made payable to the Commonwealth of Massachusetts and must be sent to:'Commonwealth of Massachusetts, Department of Environmental Protection, Commonwealth Master Lockbox, P.O. Box 3982, Boston, MA 02241-3982. In order to insure your payment is correctly applied, please include on your.check the PAN number PAN-SE-15-311-001. - You have a right to appeal this PAN, as described in the instructions included with this Notice. If you fail to pay the penalty or to file a timely appeal (see attached appeal instructions for details), the -penalty will become final and the MassDEP will proceed to collect the debt. The debt may be referred either to a collection agency, to the Massachusetts Attorney General's Office for collection or to the State ,Comptroller's Office for collection and interception of other money due to you from the state. In the event of nonpayment of a final penalty, the MassDEP is entitled to assess and collect up to three times the amount of the final penalty, plus interest and costs from the time the penalty became final,plus attorney's fees,including fees directly incurred from penalty collection,pursuant to M.G.L. c. 21A,§16. Payment of this penalty does not constitute compliance with the MCP. If you do not make the required submittals immediately, you remain subject to continued enforcement action by MassDEP. The issuance of this. penalty does not preclude further action, including assessment of additional administrative,civil or criminal penalties deemed necessary by MassDEP to obtain compliance. if you have any questions about this penalty,please contact Angela Gallagher at(508)946-2790. SO ORDERED: DEPARTMENT OF ENVIRONMENTAL PROTECTION _ �l��C[c� Gr/Giz�dY�iza BY: DATE. Millie Garcia Serrano Regional Director Release Tracking Number 4-0024076 Page 4 of 4 Bureau Contact: John T, Handrahan,Acting Chief Compliance&Enforcement Section Bureau of Waste Site Cleanup G-S/J H/AG/Ig Attachments: Copy of Notice of Noncompliance Copy of Procedures for Appeal ec: Town of Barnstable Board of Health Board of Selectmen DEP-SERO Attn: Gerard Martin,Acting Deputy Regional Director Attn:John Handrahan,Acting Chief, Brownfields,Compliance& Enforcement,and Risk Reduction Attn: Dan d'Hedouville, Regional Counsel Attn: Lisa Ramos, Regional Enforcement Office Attn: Lara Goodine, BWSC—[PAN] cc: DEP-SERO Attn: Lisa Ramos Attn: Regional Enforcement Office PROCEDURES FOR APPEALING THIS PENALTY Requestina a Hearing You have a right to appeal this penalty by requesting an adjudicatory hearing. To do so,your written request for a hearing must be received by the Department at the lockbox identified below within twenty-one(21)calendar days from the date the Penalty Assessment Notice("PAN") was issued (i.e.the date the PAN was postmarked). All hearing requests must contain a denial of the violations alleged in the penalty assessment notice,an assertion that the amount of the penalty is excessive,or both. Adiudicatory Hearings A formal adjudicatory hearing is one that meets all the procedural requirements of M.G.L. c. 30A,§11. In a formal hearing,the parties may conduct discovery,submit written motions and briefs,submit live or written testimony, cross-examine witnesses and present other documentary evidence to an administrative law judge. Under Departmental policy,all formal adjudicatory hearings are completed within one year of receipt of the request for the hearing. Final written decisions resolving formal hearings are issued by the Commissioner within 3Y2 months after the close of the hearing record. A form for requesting a formal adjudicatory hearing is attached. Required Filing Fees and Mailing Address Unless you are exempt or request a fee waiver as described below,your request for a hearing must include payment of the applicable filing fee pursuant to 310 CMR 4.06:$100 for formal adjudicatory hearings. Your hearing request will be dismissed if a required filing fee is not paid. Send your request for a hearing and the filing.fee to:Commonwealth of Massachusetts,Department of Environmental Protection,Commonwealth Master Lockbox,P.O. Box 4062,Boston, MA 02211-4062. Exemptions and Waivers from the Filing Fee Petitioners are exempt from the filing fee requirement if they are cities,towns,counties,districts of the Commonwealth, municipal housing authorities or other municipal authorities, and federally recognized Indian tribal ` housing authorities..The Department may waive the filing fee for any person who demonstrates that paying the fee will create an undue financial hardship: To seek a waiver,your request for a hearing must include.a statement of the facts supporting your claim of financial hardship. J Massachusetts Department of Environmental Protection Adjudicatory Hearing Fee Transmittal Form IMPORTANTI This form is intended for fee transmittal only.The contents of a request for an adjudicatory appeal (Notice of Claim)are established at 310 CMR 1.01(6)and the substantive statutes and regulations governing the Department's action. A. Person/Party Making Request 1. Name and address of person or party making request: Important:When filling out forms on Name-If appropriate,name group representative' the computer,use only the tab key to move your cursor- Street Address - do not use the return key. City State Zip Code r� 2. Project Information: Street Address auan City -.T State Zip Code DEP File or ID Number Amount of filing fee attached B. Applicant (if applicable) 1. Name and address of applicant: Name-If appropriate,name group representative } w Street Address City State Zip Code C. Instructions 1, Send this form and check or money order of$100.00 payable to the Commonwealth of Massachusetts to the MassDEP Lockbox at: Department of Environmental Protection P.O. Box 4062 Boston,MA 02211 2. Send a copy of this form and a copy of the check or money order with the Request for Adjudicatory Appeal (Notice of Claim}to: Case Administrator Office of Appeals and Dispute Resolution One Winter Street Boston, MA 02108 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION In the Matter of. ) RE: BARNSTABLE(Hyannis) Release Tracking Number: 4-0024076 Adrien J.and Rosanie P.Joseph • . ) Residential Property 539 River Road ) 83-85 Nautical Way Marstons Mills,MA 02648 ) UNILATERAL ADMINISTRATIVE ORDER UAO-SE-15-3 R-001 THIS ORDER IS IMPORTANT. FAILURE TO RESPOND COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. I.THE PARTIES 1) The Department of Environmental Protection ("MassDEP" or the "Department") is a duly constituted agency of the Commonwealth of Massachusetts (the "Commonwealth"). MassDEP maintains a primary office at One Winter Street,Boston,Massachusetts 02108, and a regional office at 20 Riverside Drive,Lakeville,Massachusetts 02347. 2)' Mr. Adrien J, and Mrs: Rosanie P. Joseph..("Respondents" or "Mr. and Mrs. Joseph") own the property located at 83-85 Nautical Way, Barnstable, Massachusetts. The property is a residential property. r , H.STATEMENT OF PURPOSE 3) This UnilateralAdministrative Order(the"Order") is issued to Mr. and Mrs.Joseph because it is in the public interest to proceed promptly with the response actions called for herein. HI.STATEMENT OF LAW 4) MassDEP is charged with the implementation and enforcement of the Massachusetts Oil and Hazardous Material Release Prevention and Response Act,M.G.L. c. 21E,as amended,("M.G.L. c. 21E") and the regulations promulgated thereunder as the Massachusetts Contingency Plan (the "MCP")at 310 C.M.R.40.0000 et.seq. 5) Pursuant to M.G.L. c. 21E, § 9, whenever it has reason to believe that oil or hazardous material has been released or that there=is a threat of release of oil or hazardous material,MassDEP may issue to any.person described in M.G.L. c.21E, § 5 an order requiring such person to conduct an assessment of such release or threat of release. Whenever there is a violation of M.G.L. c. 21E, MassDEP may also issue to a person causing or contributing to the violation an order requiring the production or analysis of samples and the production of records, or imposing such restraints of or requiring such actions by said persons. 6) Issuance of an order by MassDEP pursuant to M.G.L.c. 21E, § 9 shall not preclude,and shall not be deemed an election to forego, any action authorized by M.G.L. c. 21E, § 4 or any action to recover damages,costs, or to seek civil penalties,criminal fines and sanctions,or injunctive relief. Unilateral'Administrat_ive Order Page 2 UAO-SE-15-3R-001 7) An order issued pursuant to M,G,L, c. 21E, § 10(a) shall be subject to an adjudicatory proceeding and shall be subject to all provisions of M.G.L.c.30A governing adjudicatory proceedings, 8) Any person aggrieved by the issuance of an order pursuant to M.G.L. c. 21 E, § 9 may request an adjudicatory hearing before MassDEP,pursuant to M.G.L,c.21 E, § 10(a). 9) MassDEP is authorized'to assess civil administrative penalties pursuant to M.G.L, c. 21 A, § 16 and the regulations promulgated thereunder at 310 C.M,R.5.00 et.seq.. 10) Pursuant to M.G.L, c. 21E, § 11, any violation of M.G.L. c, 21E, or.any order issued thereunder, shall be presumed to constitute irreparable harm to the public health, safety, welfare or the environment. Such presumption may be rebutted by a preponderance of the evidence. 11) Pursuant to M.G.L. c. 21E, § 11, in addition to costs incurred by the Commonwealth for the investigation, assessment, containment and removal of a release or threat of release of oil or A hazardous material, any person who violates any provision of M.G.L. c. 21E, or any order or regulation issued or adopted thereunder: (a)shall be subject to a civil penalty not to exceed twenty- five thousand dollars for each such violation; or (b).shall be punished by a fine of not more than twenty-five thousand dollars, or by imprisonment for not more than two years in a house of correction,or both,for each such violation. 12) Pertinent provision(s)of the Massachusetts Contingency Plan are as,follows: 310 CMR 40.0010 Effect of Orders and Appeals The issuance of an order under M.G.L. c.21E, §§ 9 or 10, or any appeal"of an order issued under M.G.L.c.21 E, §9, shall not prevent MassDEP from issuing any future order(s)or from taking any other action authorized by law, including,but not limited to,taking or arranging for one or more response actions at the disposal site which is the subject of the order or appeal, 310 CMR 40,0333(2) Notification Requirements and Procedures Persons described in 310 CMR 40.033(1) shall submit to MassDEP a completed Release Notification Form within the earliest of the following dates: a) within sixty (60) days of your notifying MassDEP of the release condition; or b)within sixty(60) days of your receipt of a Notice of Responsibility(NOR)from MassDEP. 310 CMR 40.0420(7) Immediate Response Action Plans An Immediate Response Action Plan shall be submitted to the MassDEP within sixty (60) days of providing oral notification to the MassDEP of a `2 Hour' or '72 Hour' Release. I� 1 Unilateral Administrative Order Page 3 UAO-SE-15-3R-001 310 CMR 40.0501(3) Tier Classification and Response Action Deadlines Except where a site has filed a Permanent Solution Statement or Downgradient Property Status Submittal, all sites for which MassDEP receives notification of a release or thereat of release of oil and/or hazardous material pursuant to 310 CMR 40.0300 on or after October 1, 1993, shall be classified as either a Tier I or Tier II disposal site in accordance with 310 CMR 40.0500. A Tier Classification submittal shall be submitted to MassDEP within one year of the earliest computed deadline in accordance with 310 CMR 40,0404(3). 13) All terms contained in this Order that are defined in M.G.L. c. 21 E and/or the MCP shall.have the meaning given to them in M.G.L.c•21E and/or the MCP. IV.STATEMENT OF FACTS 14). For purposes of this Order, the "Site" includes an area on and around 83-85 Nautical Way, -Barnstable, Massachusetts and all other areas where oil and/or hazardous materials emanating from property have come to be located. On August 23, 2012, MassDEP issued a Notice of.Responsibility (NOR) to the Respondents, explaining their statutory liabilities and stating the required actions, including the submittal of a Release Notification Form (RNF) and Immediate Response Action(IRA)Plan in accordance 310 CMR 40.0333(i)(b)and 310 CMR 40.0420(7)• . 310 CMR 40.0333(1)(b) states, in part,.that persons described in 310 CMR 40.0331(1) shall submit to MassDEP a completed RNF within sixty(60) days of receipt of an NOR from MassDEP. 310 CMR 40.0420 states, in part, that an IRA Plan shall be submitted to the MassDEP within sixty(60)days of the date that the Department issues an NOR indicating a person is a PRP for a site at.which an IRA Plan is required. 15) The Respondent has failed.ao complete the required response actions outlined in paragraph 14, above. 16) On June 19, 2013, MassDEP issued a Notice of Noncompliance ("NON") to Respondents describing the above violations, specifying the actions to be taken to return to compliance, and stating the deadlines for performing such actions. Respondents failed to comply with the NON. 17) On August 6, 2014, MassDEP •issued a Notice of Response Action/Interim Deadline Letter (NORA/IDL) and Access Agreement to Respondents to initiate potential response actions and .provide Respondents the opportunity to initiate such actions on their own. Respondents failed to respond to the NORA/IDL.. 18) To date, Respondents have not complied with MassDEP's June 19, 2013 NON or the August 6, 2014,NORA/IDL. Unilateral Administrative Order Page 4 UAO-SE-15-3R-001 19) In addition to the violations rioted above, the Respondents have not complied with additional requirements set forth.in 310 CMR 40.0000. The Respondents were required,pursuant to 310 CMR 40,0500,to submit a Tier Classification to the Department on or before August 23, 2013. To date, the Department has not received a Tier Classification pursuant to 310 CMR 40,0500. V.DISPOSITION 20) This Order is issued by MassDEP pursuant to its authorities under M.G.L.c.21E§§9 and 10.. 21) Nothing in this Order shall be construed as or operate as,barring,diminishing,adjudicating,or in any way affecting the legal or equitable right of MassDEP to issue any future Order with respect to the subject matter covered by this Order, or in any way affecting any other claim, action, suit,cause of action, or demand which MassDEP may initiate, including, but not limited to, the: (i) recovery of costs incurred by the Commonwealth in oversight, administration and enforcement of this Order,(ii) recovery of any other past or future costs incurred by the Commonwealth in connection with response activities conducted at the Site or related areas arising out of the release or threat of release of oil and/or hazardous material,(iii)recovery of damages to natural resources pursuant to M.G.L.C. 21E § 5 or 42 U.S.C. § 9601, et. seq., (iv) recovery of damages to the Commonwealth's real or personal property pursuant to M.G.L. c. 21E, Section 5, (v)enforcement of the terms of this Order, (vi)enforcement of past or future noncompliance with any statute or regulation, and/or(vii)the right to seek administrative penalties or take other enforcement action for the violations set forth herein. 22) Nothing in this Order shall prevent MassDEP from requiring that W. and Mrs. Joseph take additional actions or pay additional fees beyond those required in this Order in order to comply.with all applicable statutes and regulations including,without limitation,the MCP and M.G.L.C.21E. 23) MassDEP hereby determines that the deadlines set forth in this Order constitute reasonable times to perform the acts in this Order and that the activities required pursuant to this Order otherwise meet the requirements of M.G.L.c.21E and the MCP. 24) The activities required pursuant to this Order are.subject to approval by MassDEP and shall comply with all other applicable federal,state and local laws. 25) This Order shall apply to and be.binding upon Mr, and Mrs. Joseph,their agents, heirs, successors, and assigns. No change,in property ownership will alter in any way the responsibility of Mr, and Mrs. Joseph under this Order. W. and Mrs.Joseph shall provide a signed copy of this Order to any subsequent owner,heirs,successors and assigns before rights are transferred. 26) Mr. and Mrs. Joseph shall provide a copy�of this Order to each LSP, contractor,.or consulting firm retained to conduct any portion of the work pursuant to this Order. 27) Notwithstanding the terms of any contract,Mr.and Mrs.,Joseph shall not violate this Order and shall not allow their contractors, subcontractors, consultants, LSP, successors, heirs, assigns or agents to violate this Order. V1.ORDER 28) For the reasons and under the authority set forth in Sections 11, 111, IV and V of this Order,MassDEP hereby issues this Order to Mr..and Mrs.Joseph:.' Unilateral Administrative Order Page 5 UAO-SE-15-3R-001 29) On the date this Order becomes effective, Mr. and Mrs. Joseph shall comply with the following schedule: a) By February 1,2016, submit to.MassDEP a Phase I Initial Site Investigation report and Tier Classification Submittal,prepared in full accordance with 310 CMR 40.0500. b) By February 1, 2016, submit to.MassDEP a Release Notification Form in compliance with 310 CMR 40.0333. . d) By February 1, 20169 submit to MassDEP an Immediate Response Action Plan, prepared in full accordance with 310 CMR 40.0420. If the IRA has been completed,you may submit an IRA Completion statement instead r VII.NOTICE OF RIGHT TO REQUEST ADJUDICATORY HEARING 30) Mr. and Mrs. Joseph are hereby notified of their right to an adjudicatory hearing on this Unilateral .Administrative Order under the provisions of M.G.L. c. 30A and in accordance with 310 CMR 1.00 and 310 CMR 40.0050 within twenty-one (21) days of the date of issuance of this Unilateral Administrative Order. a 31) Any request by the Respondents for a hearing on this Unilateral Administrative Order must be sent with the enclosed form and the$100.00 fee to: Docket Clerk Department of Environmental Protection . Box 4062 Boston,Massachusetts 02211 by certified mail or hand-delivery within twenty-one(21)days of the date of issuance of this -Unilateral Administrative Order. A copy of the request shall be sent by certified mail or hand- delivered simultaneously to: Bureau of Waste Site Cleanup Department of Environmental Protection Southeast Regional Office Bureau of Waste Site Cleanup 20 Riverside Drive Lakeville,Massachusetts,02347 And the Chief Municipal Officer for the municipality where the disposal site is located. a 32) Any request by Mr. and Mrs. Joseph for a hearing on this Unilateral Administrative Order,submitted pursuant to 310 CMR 40,0050, shall state clearly.and concisely the facts which are grounds for the proceeding, in what manner the person, in.whose name the request is made, is aggrieved and the remedy that is being sought. The appropriate filing fee required under 310 CMR 4.00 shall be sent to MassDEP in the manner required herein. Unilateral Administrative Order Page 6 UAO-SE-15-3R-001 33) Pursuant to 310 CMR 40,0050(7), the filing of an appeal of this Unilateral Administrative Order shall not prevent MassDEP from issuing any future orders or taking any other action MassDEP reasonably deems necessary to respond to a release or threat of release of oil or hazardous material, including,but not limited to,taking or arranging one or more response actions at the Site. VIII.ADDITIONAL PROVISIONS 34) Pursuant to M.G.L.c. 2 1 E § 10(a), if Mr. and Mrs. Joseph fail to timely file an appeal of this Order, this Order shall be deemed assented to and becomes effective twenty-one(21)days after the date of issuance of this Order. If Mr.and Mrs.Joseph appeal the Order,the effective date will be established pursuant to the terms and provisions of M.G.L.c.30A and 310 CMR 1.00. 35) MassDEP represents that the Regional Director,has the authority to issue this Order on behalf of MassDEP. 36) MassDEP may, on its own initiative or upon reasonable documented request from Mr. and Mrs. Joseph, extend any deadline established in Section VI of this Order, by a written amendment hereto. If Mr. and Mrs. Joseph have reason to know that any event has occurred or may occur which could cause delay of performance hereunder, Mr. and Mrs. Joseph shall immediately notify MassDEP in writing,specifying the cause for the delay. r 37) Failure of MassDEP to complain of action or non-action on the part of Mr.and Mrs.Joseph shall not constitute a waiver by MassDEP of any of their rights hereunder. Furthermore, no waiver by -MassDEP of any provision herein shall be construed as a waiver of any other provision herein. 38) If any term or provision of this Order,or the application thereof,to any person or circumstance,shall, to any extent, be invalid or unenforceable, the remainder of this Order, and the application thereof, shall not be affected thereby, and each remaining term and provision shall be valid and enforceable to the extent permitted by law. 39) Each document submission required from Mr.and Mrs.Joseph by this Order shall be submitted to: VBureau of Waste Site Cleanup Department of Environmental Protection Southeast Regional Office 20 Riverside Drive Lakeville,MA 02347 40) The submission(s)required by this Order shall be accompanied by any applicable fee(s). SO ORDERED: DEP MENT O ONMENTAL PROTECTION BY: DATE: / —`Y/. � 1'► Millie cia-Serrano Regional Director Massachusetts Department of Environmental Protection Adjudicatory Hearing Fee Transmittal Form EWPORTANT!This form is intended for fee transmittal only. The contents of a request for an adjudicatory appeal(Notice of Claim)are established at 310 CMR 1.01(6)and the substantive statutes and regulations governing the Department's action. A. Person/Party Making Request 1. Name and address of person or party making request: Important:When filling out forms Name-If appropriate,name group representative on the computer, use only the tab key to move your Street Address cursor-do not use the return City State Zip Code key. 2. Project Information: r�s , Street Address 1 - _ City State Zip Code DEP File or ID Number Amount of filing fee attached B. Applicant (if applicable)?. 1.- Name and address of applicant: Name-If appropriate,name group representative Street Address City State Zip Code C. Instructions 1. Send this form and check or money order of$100.00 payable to the Commonwealth of Massachusetts to the MassDEP Lockbox at:1 v , Department of Environmental Protection P.O. Box 4062 Boston, MA 02211: 2. Send a copy of this form and a copy of the check or money order with the Request for Adjudicatory Appeal (Notice of Claim)to: „ Case Administrator Office of Appeals and Dispute Resolution One Winter Street r ; Boston, MA 02108 Citizen Web Request Page 1 of 2 .- /b�f BA3L\3TAi31�. { Citizen Request Management - Internal Use Request ID: 40801 Created: 7/24/2012 4:04:24 PM Status: Closed Assigned To: Martin,Cynthia Health Office Anonymous: No Category: Chapter 108 Hazardous Materials E.C. Date: 8/7/2012 Created By: Parvin, Lindsay Citations: Building,Dept Time Worked: 2.50 Response Time: 0.10 Requestor Details: =Email: Request Location: 83 NAUTICAL ROAD Hyannis, Ma 02601 Parcel Number: Map: 307 Block: 237 Lot: 000 _ Request: Hyannis Fire Department requested a Health Inspector to the above address after observing several 55 gallons drums. Request Work History: 1 -Internal Note History: System entry on 7/24/2012 4:04:24 PM: Assigned to Martin, Cynthia Entered on 7/26/2012 3:25:23 PM by Martin, Cynthia Visited site on July 25, 2012. Also on site were Hyannis Fire Dept Deputy Chief Melanson, Lt Chase, and Haz Mat FF Kleamenaks Building personnel Perry and Anderson, Police Sargent Myett and Officer Estes. Observed on site were thirteen empty 2.5 gallon containers of NatChlor,ten, 55 gallon, plastic drums labeled Spray Foam Insula-tion Sealer Pro 800,two drums had limited risidual/water product in them,the remainder were empty.There were two, steel, 55 gallon drums of waste/oil and leaky engine blocks in a trailer truck on site.The front corner of the trailer. floor was visibly leaking through and staining the ground beneath it. Returned to site on July 26, 2012 with R Murphy, DEP. He will be issuing a notification of a threat of release, Notice of http://issgl2/InternalWRS/WRequestPrint.aspx?ID=40801 1/6/2016 VPI Citizen Web Request Page 2 of 2 Responsibility, to the owner,Adrien and Rosanie Joseph. No further action required as concerns Haz Mat. System entry on 7/26/2012 3:25:23 PM: Request Closed by martinc http://issgl2/InternaIVYRS/WReque'stPrint.aspx?ID=40801 1/6/2016 • •• • • rat • 16' �, i ® Complete items 1,2,and 3.Also complete A. S' nature item 4 if Restricted Delivery is desired. 0 Agent n Print your name-and address on the reverse c, ❑Addressee so that we,can return the card to you. kK Receive by(Printed Name) C. �#e fppliyery © Attach this card to the back of the mailpiece, DgL or on.•the front if space permits. I D. Is delivery address different from item t? ❑Yes 1. Article Addressed to: If YES,enter delivery,address below: ❑No i i Rosanie Joseph -539 River Road Marstons Mills, MA 02648 3. Service Type li tQertified Mail 0 Express Mail Reglste red ❑Return Receipt for Merchandise f > 13 Insured Mail ❑C.O.D. I i 4. Restricted Delivery?(Extra Fee) p,Yes 2: Article Number + ! ; 1?P 19 1N2 Q0 i 10 Q101"10;3'5 8; 019 01r J, f (transfer,from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1546 I. � _ �. . ew>2n .. r._�,.. .� '✓• ,err UNITED STATES POSTAL SERVICE `_ a • Sender: Please print your name, address, and ZIP+4 in this box • I - i i M i Public Health Division a Town of Barnstable � 200 Main Street i Hyannis,AA 02601 i f Cert#7014 1200 0001 0358 0901 �tKWE Tati Town of Barnstable o� Regulatory Services MRNSTAHM 9 MAC• Richard Scali, Director Public Health Division Thomas McKean,Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790.6304 March 18,2015 Rosanie Joseph 539 River Road . Marstons Mills, MA 02648 NOTICE TO ABATE VIOLATIONS OF 105 CMR 4-10 000, STATE SANITARY CODE II—MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION The property owned by you located at 83 Nautical Road (AKA 85 Nautical Road) Hyannis, MA, was inspected on March 18, 2015 by the Town of Barnstable Public Health Division- This inspection was conducted on the basis of,a complaint filed with the Public Health Division. The following violations-of the State Sanitary Code were observed 105 CMR 410.500 Owner's Responsibility to Maintain Structural Elements: Observed large hole in ceiling within a room on first floor. 105 CMR 410.482 - Smoke Detectors and Carbon Monoxide Alarm: Smoke detectors are missing throughout the dwelling unit. , Carbon monoxide alarms are missing throughout dwelling umt. 105 CMR 410.351 - Owners Installation and Maintenance Responsibilities: Electrical outlets not working on the second.floor. J 105 CMR 410.200. Heating Facilities Required Heating system in unit is not functioning on the first floor. You are directed to correct the State Sanitary Code violations listed above within twenty four (24) hours of your receipt of this notice by installing smoke and carbon monoxide detectors in accordance with'state fire codes; by correcting electrical issues on second floor; by repairing heating system.so that it heats first floor in accordance with 105CMR410.200. You are directed to correct the State Sanitary Code violations listed above within thirty (30) days of your receipt of this notice by repairing ceiling. w. �1 a J You may request a hearing before the Board of Health if written petition requesting same is received within ten (10) days after the date the order is,served. However, these violations must be corrected within twenty four hours regardless of any request for a hearing., Non-compliance will result in a fine of$100.00 per violation. Each day's failure to comply with an order shall constitute a separate violation. Should you have any questions regarding the above violations, please contact the Town Health Division and ask to speak with the inspector who performed the inspection. PER ORDER O THE BOARD OF HEALTH A. cKean, R.S,., CHO Director of Public Health Town of Barnstable i Town' of Barnstable ..�j`�T°"rtio Regulatory Services Thomas F. Geiler, Director snstvsrnst.E. '"'9 Public Health Division Thomas McKean,Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 REQUEST FOR DETERMINATION OF LEAD HAZARDS AND ENFORCEMENT OF THE LEAD LAW Dater N 2015 I N i C 0 l 0�- �J�r l request the aorm 44)1� Department q p print name of occupant of Public Health to inspect my residence or dwelling unit for lead paint. The address of this residence or unit: 3 AK g S \ Street and Apartment Number o.2 60 _ , Massachusetts. City or Town Zip code The telephone number to reach me there is: ( 70 ) 5 --197 0 Phone Number The child (ren)under the age of six (6)years who reside(s) in this household is/are: Name V Was the residence built before 1978. Yes No I understand that the lead determination requested may include all rooms of the dwelling unit or i residential premises, common areas, porches and accessible exterior areas as well as other buildings within the property lines. I further understand that if there is a child under six (6) years of age in residence, and the determination hereby requested identifies lead hazards in violation of Massachusetts . 1 BOH ReQuest for Determination Revised 11/04 General Laws, chapter 111, section 197, and Regulations for Lead Poisoning Prevention and Control, 105 Code of Massachusetts Regulations 460.110 and .750, such violations must be either deleaded for full compliance, or the unit must be brought under interim control, at the property owner's expense. The property owner must correct all violations, whether for full compliance or interim control, within 120 days of the receipt of an Order to Correct Violations. The property owner must also submit within 60 days of the receipt of such an.Order, a copy of a signed contract with a licensed deleader, if one will be necessary for the required work. If the owner or his/her agent is going to perform owner/agent deleading work,the owner must also submit a special form within 60 days. If the owner fails"to comply with the Order to Correct Violations, the Health Department shall initiate judicial proceedings against the owner to enforce the Order. The Massachusetts Department of Public Health's Childhood Lead Poisoning Prevention Program conducts random audits of inspections conducted by private inspectors and risk assessments conducted by private risk assessors following lead determinations. Such monitoring is performed to assure the quality of services being provided to the public. By requesting this determination, you agree to allow CLPPP access to your residential premises or dwelling unit after the initial determination and prior to your returning once any deleading, whether for full compliance or interim control, is completed. Not all private inspections or private risk assessments will be audited, so you may not hear from CLPPP requesting access for these additional visits. Signature of Occupan J 2 BOH Reauest for Determination Revised 11/04 ofIHE r� Town of Barnstable Regulatory-Services • &UWSrnaLE, mass. g Thomas F. Geiler, Director s639• ° Public Health Division. Thomas McKean, Director 200 Main Street, Hyannis, MA 02601, Office: 508-862-4644 Fax: 508-790-6304 LEAD DETERMINATION REPORT FORM Date of Determination: 3-9-15 Inspector: Timothy B O'Connell, R.S. License#: D3796 Method Used: X Sodium Sulfide Expiration date: 3-25-15 Lot#112514 X-Ray Fluorescence Model: Serial#: Property Address: 83 (AKA) 85 Nautical Road Hyannis, MA 02601 Description of Property: X Single family Multi-family #units Garage Fence Other structures Age of Property: X Pre-1978 Post-1978 Occupant: Nicola Wright Occupants under six year of age: Aiden Wrighthall DOB: 9-28-11 Tyrese Casey. DOB: 12-18-13 DOB: Occupant's Telephone: 701-885-1870 Property Owner(s): Rosanie Joseph and Adrien Joseph s Owner's Address: 539 River Road Marstons Mills,Ma 02648 Owner's Telephone: 774-836-4043 and 508-367-7183 Lead Hazards found? Yes No X, An X-ray fluorescence reading greater than 1.0 mg/cm2 or a gray or black reaction to sodium sulfide indicates a dangerous level of lead and constitutes a positive determination. Deleading should not be undertaken based on this report. A licensed lead inspector must do a full inspection in order for you to qualify for a Compliance Letter. Deleading of lead painted surfaces must be performed by an appropriately authorized person, including a licensed deleading contractor, a licensed lead-safe renovator, and an owner/agent who is trained to perform specific work as required under the Lead Law. Contact the Childhood Lead Poisoning Prevention Program for additional information regarding deleading and training. BOH Determ Form Revised 1-05 Page 1 of 2 LOCATION SOURCE Pb 1. Child's bedroom Closet door at about 3ft of ground Neg 2. Child's bedroom Window sill/well INC 3. Child's bedroom Lower sash Neg 4. Child's bedroom Interior sill Neg 5. Child's bedroom Baseboard Neg 6. Child's bedroom Doorjamb non-hinged side Neg 7.. Child's bedroom Wall edge of casing hinged side Neg 8. Mother's bedroom Window sill/well INC 9. Mother's bedroom Lower sash Neg 10. Mother's bedroom Interior sill Neg 11. Mother's bedroom Baseboard Neg 12. Mother's bedroom Doorjamb non-hinged side Neg 13. Mother's bedroom Wall edge of casing hinged'side Neg 14. Second floor bathroom Window sill/well Neg 15. Second floor bathroom Lower sash Neg 16. Second floor bathroom Interior sill Neg 17. Kitchen window Window sill/well Neg 18. Kitchen window Lower sash Neg 19. Kitchen window Interior sill Neg 20. First floor Bathroom Window sill NEG 21. 22. 23. 24. 25. BOH Determ Form Revised 1-05 Page 2 of 3/11/2015 Health Master Detail ,: t� t »�:gray G �tp s: '"' � ,� x- kF. {• h ^,...• rfi` ' - a; °" ." .,� Logged In As: TOWN\health Health Master Detail Wednesday, March 11 2015 Application Center Parcel Lookup Selection Items Parcel Septic Perc Well I Fuel Tank Parcel: 060-014-003 Location: 539 RIVER ROAD, MARSTONS MILLS Owner: 30SEPH, ROSANIE . . --- - -- .. .------ -.. _'. Business name. Business phone: Rental property: O Deed restricted: Q Number of bedrooms : 0' Contaminant released: Fuel storage tank permit: O Parcel Changes Return to Lookup Parcel Info Parcel ID: 060-014-003 Developer lot:LOT 3 Location:539 RIVER ROAD Primary frontage: P Secondary road: Secondary frontage: village: MARSTONS MILLS- Fire district:C-O-MM" Town sewer exists at this address: NO Road index: 1373 Asbuilt Septic Scan: 060014003_1 Interactive map: WP (Wellhead Protection Overlay Town zone of contribution:District)" State zone of contribution:IN Owner Info owner: JOSEPH, ROSANIE co-owner: streets:539 RIVER RD Street2: city: MARSTONS MILLS state: C zip: 02648 Country: Deed date:4/30/2002 Deed reference: 15105/297 Land Info Acres: 1.12 use: Single Fam MDL-01 Zoning:RF Neighborhood: 0105 Topography: Level Road:Paved utilities:Public Water,Gas,Septic Location: Construction Info Building No Year Bull Gross Area living Area Bedrooms Bathrooms 1 1987 5936 1963 Bedrooms3 Full-0 Half Buildings value:$168,800.00 Extra features: $78;600:00 Land value: $131,500.00 I hM rD il. x?ID--060014003 1/1 http://issgl2/intranet/healthMaster/Heat aste eta asp A- TOWN OF BARNSTABLE BOARD OF HEALTH ARTICLE II: MINIMUM STANDARDS FOR HUMAN HABITATION Date 3—I� _ 5 Time: In Out _ Owner '� Tenant Address 3 1 I I�l Address ComplianceRemarks or Regulation# Yes NO Recommendations 2. Kitchen Facilities 3. Bathroom Facilities 4. Water Supply 5. Hot Water Facilities 6. Heating Facilities - _ �1- 7. Lighting and Electrical Facilities 8. Ventilation 9. Installation and Maintenance of Facilities IX/01 10. Curtailment of Service 11. Space and Use 12. Exits 13. Installation and Maintenance of Structural ^� Elements �>( `' uv--. 14. Insects and Rodents i S f 15. Garbage and Rubbish Storage and Disposal 6 5 -�- 16. Sewage Disposal 17. Temporary Housing 18. Driveway Width 19. Number of Tenants Observed PART II 37. Placarding of Condemned Dwelling; Removal of Occupants; Demolition Number of Bedrooms Number of Vehicles Allowed (max) Number of Persons Allowed (max) Person(s) Interviewed Inspector If Public Building such as Store or Hotel/Motel specify here TOWN OF BARNSTABLE BOARD OF HEALTH ARTICLE II: MINIMUM STANDARDS FOR HUMAN HABITATION Date `�� , Time: In Out w` Owner Tenant Address �3� "'w�"� °" � Address E Compliance -NI2emarks or Regulation# Yes NO Recommendations 2. Kitchen Facilities 3. Bathroom Facilities 4. Water Supply 5. Hot Water Facilities `� f 6. Heating Facilities , t 7. Lighting and Electrical Facilities 8. Ventilation C 9. Installation and Maintenance of Facilities 10. Curtailment of Service t 11. Space and Use F 12. Exits n . 13. Installation and Maintenance of Structural ✓ — �-* � �.. I Elements 0rpPh^-- 14. Insects and Rodentsd''L. 15. Garbage and Rubbish Storage and Disposal 16. Sewage Disposal 17. Temporary Housing 18. Driveway Width 19. Number of Tenants Observed PART II 37-Placarding of Condemned Dwelling; Removal of Occupants; Demolition _. Number of Bedrooms Number of Vehicles Allowed (max) Number of Persons Allowed (max) Per§on(s) Interviewed Inspector 'If-Public Building such as Store7.or Hotel/Motel specify here, f Barnstable County Sheriff's Office I hereby certify and"retum that on December 17, 2015 at 12:20pm I served a true and attested copy of the within Letter, in hand to: Rosanie Joseph, the within named Defendant, at the last and usual address of: Cape Cod Hospital, 27 Park Street, Hyannis, MA 02601 and by mailing 1s'class to the said defendant at:,539 River Road, Marstons Mills, MA 02648. Fee: $50.00 ^ `+ 'Brad Parker, Deputy Sheriff PO Box 614 Centerville, MA 02632 Anbk Barnstable County Sheriff's Office I hereby certify and return that on December 17, 2015 at 12:20pm I served a true and,attested copy of the within Letter, in hand to:,Rosanie Joseph, who accepted civil process 1. for Adrien Joseph the within named Defendant, at the last and usual address of: Cape Cod Hospital, 27 Park Street, Hyannis, MA 02601,arid by mailing 1s'class to the said defendant at: 539 River Road, Marstons Mills; MA 02648. Fee: $15.00 Brad Parker; Deputy Sheriff PO Box 614 Centerville, MA 02632 f Town of Barnstable Barn pFIKE T Board of Health j ed"aC j + nARNSfABLE. .' .. 9 MAss ... 200 Main Street, Hyannis MA 02601 2007 Offic e: 508-862 4644 Wayne ' Wa Miller,iller M.D. FAX: 508-790-6304 Paul Canniff,D.M.D. Junichi Sawayanagi December 1,2015 Adrien and Rosanie Joseph 83 Nautical Way Hyannis,MA 02601 IMPORTANT NOTICE: 307 - 237 ' RE: Second Show-Cause Hearin Dear Adrien and Rosanie Joseph, Yoii are scheduled to appear before the Board of Health on Tuesday,.;anuary 12,2016 at 3:OO,.p,m. at the Town of Barnstable Town Hall, Hearing Room, second floor, 367 Main Street,Hyannis, for a show-cause hearing. This is the second hearing scheduled for your property. Your presence at this meeting is mandatory. This hearing will be held to show-cause why your property at: 83 Nautical Road, Hyannis MA has not been connected to Town sewer by the March 30, 2015 deadline. During this hearing,you will have an opportunity to be heard,present witnesses, and provide documentary evidence pertinent to this case. Failure to comply with an order of the Board of Health may result in further legal action. If you have any questions please call the Barnstable Health Division at 508-862-4644. PER ORDER OF THE B, ARD OF HEALTH r Thomas A. McKean, CHO Agent of the Board of Health Q:\Legal\CONSTABLE\legal Stewart Creek Connect-83 Nautical Way,Hy Nov2015.doc Civil Processing Division 508-362-9578 Town of Barnstable Barnstable .. "�""'�``a��"Board of-Health ". .. .. .. • RARNS-rA6LE. • + } .:�' 9Q yAss ; �* y i� .200 Main Street, Hyannis MA 02601 4 S. 2007 Office: 508-862-4644 £' t:` Wayne Miller,M.D. FAX: 508-790-6304 Paul Canniff,D.M.D. Junichi Sawayanagi December 1,2015 Adrien and Rosanie Joseph 83 Nautical Way Hyannis, MA 02601 IMPORTANT NOTICE: 307 - 237 RE: Second Show-Cause Hearing bear Adrien and Rosanie Joseph, .L You,are scheduled to appear before the Board of Health on Tuesday,January 12, 2016 `at 1ND.m. at the Town,of Barnstable Town Hall,.Hearing,Room, second floor, 367-, Mam'Street, Hyannis, for a show-cause hearing. This is the Second hearing scheduled'for your,, roperty. Your presence at this meeting is mandatory. - This hearing will be held to show-cause why your property at: 83 Nautical Road, Hyannis MA has not been connected to Town sewer by the March 30, 2015 deadline. During this hearing,you will have an opportunity to be heard, present witnesses, and provide documentary evidence pertinent to this case. Failure to comply with an order of the Board of Health may result in further legal action. If you have any questions please call the Barnstable Health Division at 508-862-4644. 1 PER ORDER OF THE B ARD OF HEALTH Thomas A. McKean, CHO Agent of the Board of Health QALegal\CONSTABLE\legal Stewart Creek Connect-83 Nautical Way,Hy Nov2015.doc Civil Processing Division 508-362-9578 t I Barnstable County Sheriff's Office • I hereby certify and return that on December 17, 2015 at 12:20pm I served a true and attested copy of the within Letter, in hand to: Rosanie Joseph, the within named Defendant, at the last and usual address of: Cape Cod Hospital, 27 Park Street, Hyannis, MA 02601 and by mailing 1st class to the said defendant at: 539 River Road, Marstons Mills, MA 02648. Fee: $50.00 ae���A Brad Parker, Deputy Sheriff PO Box 614 Centerville, MA 02632 I � Barnstable County Sheriff's Office I hereby certify and return that on December 17, 2015 at 12:20pm I served a true and attested copy of the within Letter, in hand to: Rosanie Joseph, who accepted civil process for Adrien Joseph the within named Defendant, at the last and usual address of: Cape Cod Hospital, 27 Park Street, Hyannis, MA 02601 and by mailing Vt class to the said defendant at: 539 River Road, Marstons Mills, MA 02648. Fee: $15.00A -- 44 Brad Parker, Deputy Sheriff PO Box 614 Centerville, MA 02632 ' The Commonwealth of Massachusetts Please remit to: DEPUTY SHERIFF BRAD PARKER P.O. Box614 ' Barnstable County Centerville, MA 02632 Off.508-362-9578/Cell 508-776-3238 # 6nr-- File No. 1577?g Dec. 17, 2015 To Law Offices of _ Public Health Division-Town of Barnstable For Service of Writ Letter Barnstable Board of Health vs. , Adrien Joseph & Rodanie Joseph Service $65.00 Paid Witness Fee Travel Poundage Conveyance Special Service Postage;etc. Postal Search Copies D/S Office Fee Capias Hourly 65.00 Mass. Fee TOTAL DUE: $ { PLEASE PAY FROM THIS INVOICE. ORIGINAL WRIT RETURNED ❑TO COURT Y/HEREWITH New address of defendant:, PLEASE RETURN YELLOW COPY WITH PAYMENT.......THANK YOU. F , f � t Citizen Web Request Page 1 of 3 Logged In e Citizen Request Management Monday,June 102013 TOWN\lavellllet Route to Users Search Requests Create Requests Request Information Request ID: 40801 Created: 7/24/2012 4:04:24 PM Status: Closed Assigned To: Martin, Cynthia Health Office Anonymous: No Request Category: Chapter 108 ; Hazardous Materials Routine work: No Estimate: No Date scheduled: Estimated 8/7/2012 Change Estimated Jul . August 2012 Sep Completion Completion Date: Date: Sun Mon Tue Wed Thu Fri Sat 29 30 31 1 2 13 1 4 5 6 7 8 9 110111 12 13 14 15 16 17118 19 20 21 22 23 24 25 ffE4 29 30 31 1 5 6 7 8 Created By: Parvin, Lindsay Priority: Medium Health Office Citation Numbers: Requestor Information Requestor Request Parcel Number Hyannis Fire Department Map: 307 )Block: 237 j Lot: 000 requested a Health Inspector to the above address after observing several Parcel Lookup 55 gallons drums. Email: Track Request Progress I http://issgl2/intemalwrs/WRequest.aspx?ID=40801 6/10/2013 ti Citizen Web Request Page 2 of 3 Request Work History: -Internal Note History: System entry on 7/24/2012 4:04:24 PM: Assigned to Martin, Cynthia Entered on 7/26/2012 3:25:23 PM by Martin, Cynthia Visited site on July 25, 2012. Also on site were Hyannis Fire Dept Deputy Chief Melanson, Lt Chase, and Haz Mat FF Kleamenaks Building personnel Perry and Anderson, Police Sargent Myett and Officer Estes. Observed on site were thirteen empty 2.5 gallon containers of NatChlor,ten, 55 gallon, plastic drums labeled Spray Foam Insula-tion Sealer Pro 800,two drums had limited risidual/water product in them,the remainder were empty.There were two, steel, 55 gallon drums of waste/oil and leaky engine blocks in a trailer truck on site.The front corner of the trailer floor was visibly leaking through and staining the ground beneath it. Returned to site on July 26, 2012 with R Murphy, DEP. He will be issuing a notification of a threat of release, Notice of Responsibility,to the owner,Adrien and Rosanie Joseph. No further action required as concerns Haz Mat. System entry on 7/26/2012 3:25:23 PM: Request Closed by martinc Enter work progress: Enter internal note: (Viewed by everybody) (Viewed internally only) II` I IR f Spell Check z Spell Check -Add document or image link: *You can also type in a folder name to see everything in the folder Current Links: Time worked on request: 2.50 Response time: 0.16 *Time entries are in hours. Examples of time entries: 1.25, 0.5, 0.75, 1, 3.5, 0.25, 0.10 http://issgl2/intemalwrs/WRequest.aspx?ID=40801 6/10/2013 Citizen Web Request Page 3 of 3 * Response time: Measured from the creation date to your first actions on the request. * Do not include nights, weekends,and holidays in response time for most departments. Reopen C} Reopen and notify citizen �;';Reopen Public Use: Printer Friendly Version Internal Use: Printer Friendly Version http://issgl2/intemalwrs/WRequest.aspx?ID=40801 6/10/2013 Z 203 .499 002 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Intemation I Mail See reverse [Sto treet&Numbe Sta ,&ZI 1posta� Certified Fee Spada]Delivery Fee Restricted Delivery Fee Retum Receipt Showing to Whom&Date Delivered Q Return Receipt Showing to Whom, Q Date,&Addressee's Address 0 TOTAL Postage&Fees OD V) Postmark or Date o �/"'99 a i Stick postage stamps to article to cover First-Class postage,certified mail fee,and charges for any selected optional services(See!rant). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service y window or hand it to your rural carrier(no extra charge). I ii 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the cc return address of the article,date,detach,and retain the receipt,and mail the article. Ln 3. If you want a return receipt,write the certified mail number and your name and address, on a return receipt card,Form 3811,and attach it to the front of the article by means of the _ I gummed ends if space permits. Otherwise,affix to back of article. Endorse front of article a r RETURN RECEIPT REQUESTED adjacent to the number. Q 4. If you want delivery restricted to the addressee, or to an authorized agent of the, 0 addressee,endorse RESTRICTED DELIVERY on the front of the article. M 5. Enter fees for the services requested in the appropriate spaces on the front of this E receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3811. tq 6. Save this receipt and present it if you make an inquiry. 102595-97-B-0145 a d SENDER: ■Complete items 1 and/or 2 for additional services. I also wish to receive the m ■Complete items 3,4a,and 4b. following services(for an H ■Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ■Attach this form to the front of the mailpiece,or on the back if space does not 1. ❑ Addressee's Address permit. ■Write'Retum Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery y ■The Return Receipt will show to whom the article was delivered and the date .. delivered. Consult postmaster for fee. LgL 3.Article Addressed to: 4a.Article Number �o c E U 4b.Service Type «' ❑ Registered Certified W ❑ Express Mail ❑ Insured S .W „ ❑ Return Receipt for Merchandise ❑ COD 7.Date of Deli eryCn �. z , Ph cc AW 5.Received By:(Print, amkg8.Addressee's Addr ss(Only if requested. and fee is paid) _ -� 6.Signat e:(Ad�rAge'f x � PS Form 3811, December 1994 102595-97-B-017s Domestic Return Receipt i UNITED STATES POSTAL SERVICE First-Class MailPostage&Fees Paid USPS Permit No.G-10 O Print your name, address, and ZIP Code in this box C public 11821M I) 1 'c.gin of BaffmWe p 0. Box 534 Myannia, 02M . r Barnstable IKE Town of Barnstable Regulatory Services Department Oftedca0v RARNSMULE, D, 6 . Public Health Division i63979• �� prEb MA+A 200 Main Street, Hyannis MA 02601 2007 Office: 508-862-4644 Thomas F.Geiler,Director FAX: 508-790-6304 Thomas A.McKean,CHO S tember 4, 2008 CERTIFIED MAIL 7007 2680 0002 6701 7328 Adrien J. Joseph 83 Nautical Road Hyannis, MA 02601 RE: Assessors (307-237) NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000 and 310 CMR 15.00, AS WELL AS TITLE V AND THE TOWN OF BARNSTABLE CODE CHAPTER 170. The property owned by you located at 83 Nautical Road, Hyannis was inspected on August 8, 2008 by Jaime Cabot, Town of Barnstable Health Inspector. The following violations of the-State Sanitary Code were observed: 105 CMR 410.450- Means of Egress: two illegal bedrooms were observed in the basement without proper means of egress. 105 CMR 410.4827 Smoke Detectors'and Carbon Monoxide Alarms: No Carbon Monoxide Detector was provided on the second floor or for room number five. No Smoke detector was provided on the second floor 105 CMR 410.300 and 310 CMR715.00: There were a total of nine (9) bedrooms observed at this property. However,-the existing septic system was not approved for nine (9)bedrooms. It was approved for four(4) bedrooms only. 105 CMR 410.500—Owner's Responsibility'to.Maintain Structural Elements: The door sill of the front door was rotted, the outside light was broken, downspouts had become disconnected from the gutters, and holes were observed in the walls, base boards and cabinets. The wires leading to the electrical meter had damaged insulation, tenant stated that sparks came from light switch_and.'covers were missing from outlets. 105 CMR 410.551-Screens missing from windows. 105 CMR 410.552-Screens and automatic closer were missing from storm door. 105 CMR 410.351 (A) - Owners Installation and maintenance responsibilities: Upstairs toilet has a faulty valve, broken shower head in bath and the toilet seat in the first floor bath is broken. 105 CMR 410.501 —Weathertight Elements: There was a broken window in room number five. The following violations of the Town of Barnstable Code were observed: 070-4—Certificate of Registration: Rental property is not registered with Town of Barnstable Health Department. You are directed to correct the violations listed above within twenty—four hours of your receipt of this notice by installing smoke detectors in accordance with Mass Fire Codes. You are ordered to correct the violations listed above within thirty (30) days of your receipt of this notice by correcting the violations noted above and pulling any required building permits to restore the property to a four bedroom home. You are ordered to remove the bedroom_ s by removing entrance doors and by opening door- way entrances to the room to a minimum of five feet wide openings. This will bring the total bedroom count down from nine (9) to the appropriate four (4) as designated by your septic permit. You may request a hearing before the Board of Health if written petition requesting same is received within ten(10) days after the date the order is served. Non-compliance will result in a fine of$100.00 per violation. Each day's failure to comply with an order shall constitute a separate violation. Should you have any questions regarding the above violation,please contact the Town Health Division and ask to speak with the inspector who performed the inspection. PER ORDER OF THE BOARD OF HEALTH Thomas A. McKean, R.S., CHO Director of Public Health Town of Barnstable ' 1 + liar, 'Town of Barnstable oF o, BAMSTABM Department of Health, Safety, and Environmental Services 9� ' r Public Health Division A'fa'AA�A P.O. Box 534, Hyannis MA 02601 Office: 508-8624644 Thomas A.McKean,RS,CHO FAX: 508-790-6304 Director of Public Health + .� ( t�C'1,o~ VV e9 © N 0-'d+i r-cj ' 2co NOTICE TO ABATE VIOLATIONS OF 105 CMR-410.00, STATE SANITARY CODE II,MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE RENTAL ORDINANCE,ARTICLE 51 fo L{ /V ow d�u,X P cf,R Ya."w�- The property owned by you located at , was inspected on 1999 by Glen Harrington, R.S. Health Inspector for the Town of Barnstable, because of a complaint. The following violations of 105 CMR 410.00, State Sanitary Code II, Minimum Standards of Fitness for Human Habitation were observed: 41 .351: cove-vs , J Pp✓O"CX.c6 7�—j G,4-2. A-CJ 41&. . W'k' L ( / "j 6--e 410. : , I Q (it C L VIQ, ) a (�6 V �r� YC ZY�.Q(✓ r/r+T PLtn� �LT Nc (_ )S1 C-I-( C l'(7 ((Ar ) S`'P/ell °/i[ O u-Y(Q{J t v, be of vcv c•�S d L. �cc�.a� �/. 410, - - Ae I= YY'(ke6 G✓ur j Gve..e vlose.vteje 410 : � 5 3 41 �©,���:�°1°'t ra-�►(,c �,.r� Sve�r�/�e 410. ' °' � �- I..rr-j d(�fev 040 (4 wA rJs I%.' (a Yv(ix..i„ S jQ-ss-, cG''cul�vt 2 4r�) CIOSer vr� 410, �} Sdw� �-o..- �..a) iw 7— jp oti- GD 01,\ ve c. pires/wp/q/Is You are directed to correct the remaining above listed violations within seven (7) days of receipt of this notice. You may request a hearing if written petition requesting same is received by the Board of Health within seven (7) days after the date order is received. However, these violations must be corrected regardless of any request for a hearing. Please be advised that failure to comply with an order could result in a fine of not more than $500. Each separate day's failure to comply with an order shall constitute a separate violation. PER ORDER OF THE BOARD OF HEALTH Thomas A. McKean Director of Public Health pires/wp/q/Is / � 307235 -• V 002191 ht.. 0000000 -�%: �� " T, VOEGELI,KEVIN L&ALICIA 104 F: 9; 1 00002160 77 SMITH STREET rY ci 00 l W HARWICH MA 02671 a 00 0000 000 { VOEGELI,KEVIN L&ALICIA - 0696 g 10280027 u ai" 23600 At 70300 1�1t1[es 0000000000 , n �� i.nca 60 NAUTICAL ROAD» ode 1067 0100 `q u� HY MURRAY WAY " 1050 ? ar i s xa .�� .� Town of Barnstable Bnxrrsrnat.�, Department of Health, Safety, and Environmental Services MASS. Public Health Division �FDN'0�A P.O. Box 534, Hyannis MA 02601 Office: 508-862-4644 Thomas A.McKean,RS,CHO FAX: 508-790-6304 Director of Public Health November 3, 1999 Kevin& Alicia Voegli 60 Nautical Road Hyannis, MA 02601 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00, STATE SANITARY CODE H, MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE RENTAL ORDINANCE, ARTICLE 51 The property owned by you located at 64 Nautical Road, Hyannis, was inspected on November 1, 1999 by Glen Harrington, R.S. Health Inspector for the Town of Barnstable, because of a complaint. The following violations of 105 CMR 410.00, State Sanitary Code H, Minimum Standards of Fitness for Human Habitation were observed: 410.254: Inoperable light at the main entrance was inoperable. 410.351: Loose covers to the floor heating radiators observed. 410.351: The second floor bathroom faucet was observed to be leaking water. Pipes also vibrate when turned on and off. 410.351: No electricity supplied to outlets in the bedrooms on the second floor. 410.351: Exposed wires were observed at the kitchen chandelier. 410.351: The second floor toilet does not operate properly. 410.350: No hot or cold potable water was supplied to the first floor bathroom wash basin. 410.500: Missing floor tiles from the kitchen floor tiles from the kitchen floor, a smooth washable surface not provided. 410.501: Inoperable kitchen window and has a broken pane of glass. A window in bedroom#2 was observed to be missing a pane of glass. voegli/wp/q/ls HOBBS&WARREN'" THE COMMONWEALTH OF MASSACHUSETTS FORM30 Caw BOARD OF HEALTH CITY/TOW N v o DEPARTMENT ' ADDRESS 1 Q,z q(, l TELEPHONE Address �1�.v`�7� 1C-G�fj_ft � W—��Occupant L)e Floor - Apartment No. No.of Occupants- 3-No. of Habitable Rooms No.Sleeping Rooms__ No. dwelling or rooming units-1 No.Stories Name and address of owner KtA,,Z. ¢ ,41 q (/ � Remarks Reg. Vio. YARD Out Bld s.: Fences: Garbage and Rubbish Containers: Drainage Infestation Rats or other: STRUCTURE EXT. Steps,Stairs, Porches: Dual Egress:and Obst'n.: rr Lu►..-.. -01 11a.V5 Cj, ❑ B ❑ F ❑ M Doors,Windows: Al o w,CkTV- ec 6 Roof pyY In&-S 5vi Gutters, Drains: t 4c, Gv i cSr Walls: aSSi fti.t,.t al I Irlys1-n y It VF Z Foundation: Chimney: BASEMENT Gen.Sanitation: Dam ness' Stairs: Li htin : STRUCTURE INT. Hall,Stairway: Obst'n.: Hall, Floor,Wall,Ceiling: Hall Lighting: Hall Windows: HEATING Chimneys: c av Central ❑ Y ❑ N Equip. Repair TYPE: Stacks, Flues,Vents: PLUMBING: Supply Line: -Z w ba 4kytL4 lep_ie i j2 P.Aej v 3S'I ❑ MS ❑ ST ❑ P Waste Line: H.W.Tanks Safety and Vent(s) ELECTRICAL Panels, Meters,Cir.: ly o L., Z'` ) —vTT . ,S_ ❑ 110 ❑ 220 Fusing,Grnd.: I L,,c%,k.M 1-1 Id R AMP: Gen. Cond. Distrib. Box: ( r LVI Gen. Basement Wiring: DWELLING UNIT rL� Ventil. Lqtnq. I Outlets Walls Ceils. Wind. Doors Floors Locks Kitchen —r Bathroom Pantry Den Living Room Bedroom 1 Bedroom 2 Bedroom 3 Bedroom 4 Hot Water Facil. Sup.Ten.,Gas,Oil, Elect.: cva 6- if ® -- Stacks, Flues,Vents,Safeties: Kitchen Facilities Sink Stove Bathing,Toilet Facil. Vent., Plumb.,Sanit'n.: Al -( AJ-4 ( 6 *_ Sr Wash Basin,Shower or Tub: . CR t 4,ct,� fy,_&Sydftr9& '3sb Infestation Rats, Mice, Roaches or Other: Egress Dual and Obst'n: General Building Posted Locks on Doors' ONE OR MORE OF THE VIOLATIONS CHECKED ABOVE IS A CONDITION WHICH MAY MATERIALLY IMPAIR THE HEALTH OR SAFETY AND WELL-BEING OF THE OCCUPANT AS DETERMINED BY 105CMR 410.750 OF THE CODE OR THE AUTHORIZED INSPECTOR. (See Over) "THIS INSPECTION REPORT IS SIGNED AND CERTIFIED UNDER THE PAINS AND PENALTIES F ERJURY." r INSPECTOR , � TITLE A _f DATE < / r19 9 TIME Z 0 A.M. A.M. THE NEXT SCHEDULED REINSPECTION 30 ) QG P.M. 410.750: Conditions Deemed to Endanger or Impair Health or Safety The following conditions, when found to exist in residential premises, shali be deemed conditions which may endanger or impair the heaith, or safety and well-being of a person or persons occupying the premises. This listing is composed of those items which are deemed to always have the potential to endanger or materially impair the health or safety, and well-being of the occupants or the public. Because Chapter 11, 105 CMR 410.100-hrough 410.620 state minimum requirements of fitness for human habitation, any other violation has the potential to fall within this category in any given specific situation but may not do so in every case and therefore is not included in this listing. Failure to include shall in no way be construed as a determination that other violations or conditions may not be found to fall within this category. Nor shall failure to include affect the duty of the local health official to order repair or correction of such violation(s) pursuant to 105 CMR 410.830 through 410.833 nor shall failure to include affect the legal obligation of the person to whom the order is issued to comply with such order. (A) Failure to provide a supply of water sufficient in quantity, pressure and temperature, both hot and cold, to meet the ordinary needs of the occupant in accordance with 105 CMR 410.180 and 410.190 for a period of 24 hours or longer. (B) Failure to provide heat as required by 105 CMR 410.201 or improper venting or use of a space heater or water heater as prohibited by 105 CMR 410.200(B)and 410.202. (C) Shutoff and/or failure to restore electricity or gas. (D) Failure to provide the electrical facilities required by 105 CMR 410.250(B), 410.251(A), 410.253 and the lighting in com- mon area required by 105 CMR 410.254. (E) Failure to provide a safe supply of water. (F) Failure to provide a toilet and maintain a sewage disposal system in operable condition as required by 105 CMR 410.150(A)(1)and 410.300. (G) Failure to provide adequate exits, or the obstruction of a')y exit, passageway or common area caused by any object, including garbage or trash, which prevents egress in case of an emergency 105 CMR 410.450, 410.451 and 410.452. (H) Failure to comply with the security requirements of 105 CN R 410.480(D). (1) Failure to comply with any provisions of 105 CMR 410.600, 410.601 or 410.602 which results in any accumulation of gar- bage, rubbish,filth or other causes of sickness which may prov de a food source or harborage for rodents, insects or other pests or otherwise contribute to accidents or to the creation or spread of disease. (J) The presence of leadbased paint on a dwelling or dwelling unit in violation of the Massachusetts Department of Public Health Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000. (See M.G.L. c. 111 @@.190 through 199.) (K) Roof,foundation, or other structural defects that may expose the occupant or anyone else to fire, burns, shock, accident or other dangers or impairment to health or safety. (L) Failure to install electrical, plumbing, heating and gas-burning facilities in accordance with accepted plumbing, heating, gas-fitting and electrical wiring standards or failure to mainta n such facilties as are required by 105 CMR 410.351 and 410.352, so as to expose the occupant or anyone else to fire, burns, shock, accident or other danger or impairment to health or safety. • C; (M) Any defect in asbestos material used as insulation or covering on a pipe, boiler or furnace which may result in the release of asbestos dust or which may result in the release of powdered, crumbled or pulverized asbestos material in violation of 105 CMR 410.353. (N) Failure to provide a smoke detector required by 105 CMR 410.482. (0) Any of the following conditions which remain uncorrected for a period of five or more days following the notice to or knowledge of the owner of said condition or conditions: (1) Lack of a kitchen sink of sufficient size and capacity for washing dishes and kitchen utensils or lack of a stove and oven or any defect that renders either inoperable. (2) Failure to provide a washbasin and shower or bathtib as required in 105 CMR 410.150(A)(2) and 410.150(A)(3)or any defect which renders them inoperable. (3) Any defect in the electrical, plumbing or heating system which makes such system or any part thereof in violation of generally accepted plumbing, heating, gasfitting, or electrical wiring standards that do not create an immediate hazard. (4) Failure to maintain a safe handrail or protective railing for every stairway, porch balcony, roof or similar place as required by 105 CMR 410.503(A)and 410.503(B). (5) Failure to eliminate rodents, cockroaches, insect infestations and other pests as required by 105 CMR 410.550. (P) Any other violation of 105 CMR 410.000 not enumerated in'105 CMR 410.750(A)through (0)shall be deemed to be a con- dition which may endanger or materially impair the health o,safety and well-being of an occupant upon the failure of the owner to remedy said condition within the time so ordered by the Board of Health. FORM 30 w, `HosBs&WARREN,M THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH CITY/TOWN o DEPARTMENT N� ?6-7 /lily 90�, -117"k,�. 0) ADDRESS 4� X�-6 2 ✓ ��y 7 TELEPHONE Address 1 '� `h�tec)l 1� lJr. /y'f Occupant Floor Apartment No. —No.of Occupants No.of Habitable Rooms__ No.Sleeping Rooms (C),�t/ No. dwelling or rooming units__ No.Stories_ �-- ^ p Name and address of owner�Cev k, +_A�� �.e 'Vye 6011� eeX Vim'_` o Remarks Reg. Vio. YARD Out Bld s.: Fences: Garbage and Rubbish Containers: Drainage Infestation Rats or other: STRUCTURE EXT. Steps,Stairs, Porches: Dual E ress:and Obst'n.: Pv VkM a•wz-Jj A JS ►M I 4-U ipe✓ ❑ B ❑ F ❑ M Doors,Windows: vx obvv cn,• rye- 'ot Ck9 r ®tc Roof ra, dam k. S Vv t-,i /lw"a Pp Gutters, Drains: ,` w q Ch AAA4C= Walls: i i w ;4ftlkel l i... ts e Z Foundation: Chimney: BASEMENT Gen.Sanitation: Dampness: Stairs: Li htin : STRUCTURE INT. Hall,Stairway: Obst'n.: Hall, Floor,Wall,Ceiling: i` ems,. 'e-e"Olatect Hall Lighting: Hall Windows: HEATING Chimneys: a_ Central ❑ Y ❑ N Equip. Repair TYPE: Stacks, Flues,Vents: PLUMBING: Supply Line: 6- Z GAG ❑ MS ❑ ST ❑ P Waste Line: H.W.Tanks Safety and Vent ELECTRICAL Panels, Meters,Cir.: 2Ld TJ QV" W ❑ 110 ❑ 220 Fusin , Grnd.: AMP: Gen.Cond. Distrib. Box:/v2cni ( Al G, t Gen. Basement Wiring: DWELLING UNIT Ventil. L to . Outlets Walls Ceils. Wind. Doors Floors Locks Kitchen Bathroom Pantry Den Living Room Bedroom 1 Bedroom 2 i Bedroom 3 Bedroom 4 Hot Water Facil. Sup.Ten.,Gas,Oil, Elect.: Stacks, Flues,Vents,Safeties.- Kitchen Facilities Sink Stove Bathing,Toilet Facil. Vent., Plumb.,Sanit'n.: 0-4voej tof Wash Basin,Shower or Tub: ka Vl @ Infestation Rats, Mice, Roaches or Other: Egress Dual and Obst'n: General Building Posted Locks on Doors: I ONE OR MORE OF THE VIOLATIONSICHECKED ABOVE IS A CONDITION WHICH MAY MATERIALLY IMPAIR THE HEA L�TH OR SAFETY AND WELL-BEING OF THE OCCUPANT AS DETERMINED B)��405CMR 410.750 OF THE CODE OR THE AUTHORIZED INSPECTOR.(See,Over) ,THIS INSPECTION REPORTJS SIGNED AND CERTIFIED UNDER THE PAINS AND PENALTIES F PERJURY " INSPECTOR' _ ✓ '/"' TITLE DATE I TIME A.M. ;THE NEXT SCHEDUL `' IQN " P.M. 410.750: Conditions Deemed to Endanger or Impair Health or Safety The following conditions, when found to exist in residential premises, shall be deemed conditions which may endanger or impair the health, or safety and well-being of a person or persons occupying the premises. This listing is composed of those items which are deemed to always have the potential to endanger or materially impair the health or safety, and well-being of the occupants or the public. Because Chapter II, 105 CMR 410.100 through 410.620 state minimum requirements of fitness for human habitation, any other violation has the potential to fall within this category in any given specific situation but may not do so in every case and therefore is not included in this listing. Failure to include shall in no way be construed as a determination that other violations or conditions may not be found to fall within this category. Nor shall failure to include affect the duty of the local health official to order repair or correction of such violation(s) pursuant to 105 CMR 410.830 through 410.833 nor shall failure to include affect the legal obligation of the person to whom the order is issued to comply with such order. (A) Failure to provide a supply of water sufficient in quantity, pressure and temperature, both hot and cold, to meet the ordinary needs of the occupant in accordance with 105 CMR 410.180 and 410.190 for a period of 24 hours or longer. (B) Failure to provide heat as required by 105 CMR 410.201 or improper venting or use of a space heater or water heater as prohibited by 105 CMR 410.200(B) and 410.202. (C) Shutoff and/or failure to restore electricity or gas. (D) Failure to provide the electrical facilities required by 105 CMR 410.250(B), 410.251(A), 410.253 and the lighting in com- mon area required by 105 CMR 410.254. (E) Failure to provide a safe supply of water. (F) Failure to provide a toilet and maintain a sewage disposal system in operable condition as required by 105 CMR 410.150(A)(1)and 410.300. (G) Failure to provide adequate exits, or the obstruction of any exit, passageway or common area caused by any object, including garbage or trash, which prevents egress in case of an emergency 105 CMR 410.450, 410.451 and 410.452. (H) Failure to comply with the security requirements of 105 CMR 410.480(D). (1) Failure to comply with any provisions of 105 CMR 410.600, 410.601 or 410.602 which results in any accumulation of gar- bage, rubbish, filth or other causes of sickness which may prov de a food source or harborage for rodents, insects or other pests or otherwise contribute to accidents or to the creation or spread of disease. (J) The presence of leadbased paint on a dwelling or dwelling urit in violation of the Massachusetts Department of Public Health Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000. (See M.G.L. c. 111 @@ 190 through 199.) (K) Roof, foundation, or other structural defects that may expose the occupant or anyone else to fire, burns, shock, accident or other dangers or impairment to health or safety. (L) Failure to install electrical, plumbing, heating and gas-burning facilities in accordance with accepted plumbing, heating, gas-fitting and electrical wiring standards or failure to maintain such facilties as are required by 105 CMR 410.351 and 410.352, so as to expose the occupant or anyone else to.fire, burns, shock, accident or other danger or impairment to health or safety. (M) Any defect in asbestos material used as insulation or covering on a pipe, boiler or furnace which may result in the release of asbestos dust or which may result in the release of powderec, crumbled or pulverized asbestos material in violation of 105 CMR 410.353. (N) Failure to provide a smoke detector required by 105 CMR 410.482. (0) Any of the following conditions which remain uncorrected for a period of five or more days following the notice to or knowledge of the owner of said condition or conditions: (1) Lack of a kitchen sink of sufficient size and capacity for washing dishes and kitchen utensils or lack of a stove and oven or any defect that renders either inoperable. (2) Failure to provide a washbasin and shower or bathtub as required in 105 CMR 410.150(A)(2)and 410.150(A)(3)or any defect which renders them inoperable. (3) Any defect in the electrical, plumbing or heating system which makes such system or any part thereof in violation of generally accepted plumbing, heating, gasfitting, or electrical wiring standards that do not create an immediate hazard. (4) Failure to maintain a safe handrail or protective railing for every stairway, porch balcony, roof or similar place as required by 105 CMR 410.503(A)and 410.503(B). (5) Failure to eliminate rodents, cockroaches, insect infestations and other pests as required by 105 CMR 410.550. (P) Any other violation of 105 CMR 410.000 not enumerated in 105 CMR 410.750(A)through (0)shall be deemed to be a con- dition which may endanger or materially impair the health or safety and well-being of an occupant upon the failure of the owner to remedy said condition within the time so ordered by the Board of Health. 1 92EiL .'C0 '9 .-2000 .0992 2.00Z $. 02 E:. � . Town of BarnstableEP 2- Public Health Division W n � o 0g 200 Main Street "°»�NHa `•�< A5 . . •. 1A° Hyannis, MA 02601 0004606238. P 09 2008 MAILEDFROM ZIPCODE 02601 I p' ?o9Nep UNC1.4 TED/V pAp V ro BENOER ONO SUCMEp O p�KNp SS a NCSU ySr _ REFi, �INSUF C — x Q N �� � Apo pT DFC� N Z7C S 029 DC $ 00 .1010 OB/06 AFgs RETURN TO SENDER UNCLAIMED UNAMLE TO FORWARD \� 13C: 02801400200 *2922-19262-10-40 III��,��1a1111„Il1111e,ll:l„III))JIMr,1r111,11111111kill - _i ollk POsrgc ® PRNEV BOWES 0004606238 SEP10 2008 ' MAILED FROM ZIPCODE 02601 — r r I i 'I j I it c Z i 1 i �1 I 'I I t �1 1 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 I I • Sender. Please print your name, address, and ZIP+4 in this box • I I I (TED Town of.Barnstable Health Division I 200 Main Street Hyannis,MA 02601 I I I I I I � I . I M i EN E : COMPLETE THISSictlok ® Complete items 1,2,and 3.Also complete I 7A- Signat.reeitem 4 if Restricted Delivery is desired. ❑Agent M Print your name and address on the reverse ❑Addressee i so that we can return the card to you. I IB. Received by(Printed Name) C. Date of Delivery ® Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No i /4prL�itN 1 . 1o5op1-J � AvTi CAL �p A C , *A A 3. Service Type ry J ,"1 Certified Mail ❑Express Mail 1 ,et2 ❑Registered ❑Return Receipt for Merchandise V + ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7007 2680 0002 6701 7328 i (Transfer from service/aben - i PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 °p THE T°� Town of Barnstable Barnstable Regulatory Services Department y �a�1 . ap x BARNS-rABLE, "AS& ji, '"` .> ''` ' `P''We Health Division' ArfD MAMA `��- lip1..,,F; <200.1VIain Street, Hyannis MA 0260.1 2007 n Office: 508-862-4644` `" a""`-4 - "-•,��. � , .�✓{4 � - ;Thomas F:Geiler,Director FAX: 508-790-6304 Thomas A.McKean,CHO P. September 4, 2008 CERTIFIED MAIL 7007 2680 0002 6701 7328 Adrien J. Joseph 83 Nautical Road Hyannis, MA 02601 RE: Assessors (307-237) NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000 and 310 CMR 15.00, AS WELL AS TITLE V AND THE TOWN OF BARNSTABLE CODE CHAPTER 170. The property owned by you located at 83 Nautical Road, Hyannis was inspected on .August 8, 2008 by Jaime Cabot".Town of Barnstable Health Inspector. The•'following violations of the State Sanitary Code were observed: „ 05 CMR 410 450-Means of Egress: two illegal bedrooms were observed in the t, basement without proper means of egress. s 105 CMR 410.482- Smoke Detectors and Carbon Monoxide Alarms: No Carbon Monoxide Detector was provided on the second floor or for room number five. No Smoke detector was provided on the second floor 105 CMR 410.300 and 310 CMR 15.00: There were a total of nine (9)bedrooms observed at this property. However,the existing septic system was not approved for nine (9) bedrooms. It was approved for four(4) bedrooms only. 105 CMR 410.500—Owner's Responsibility to Maintain Structural Elements: The door sill of the front door was rotted, the outside light was broken, downspouts had become disconnected from the gutters,and holes were observed in the walls, base boards and cabinets. The wires leading to the electrical meter had damaged insulation, tenant stated that sparks came from light switch and covers were missing from outlets. 105 CMR 410.551-Screens missing-from-windows. 105 CMR 410.552-Screens and automatic closer were missing from storm door. 105 CMR 410.351 (A) - Owners Installation and maintenance responsibilities: Upstairs toilet has a faulty valve, broken shower head in bath and the toilet seat in the first floor bath is broken. 105 CMR 410.501 —Weathertight Elements: There was a broken window in room number five. The following violations of the Town of Barnstable Code were observed: 1& 70-4—Certificate of Registration: Rental property is not registered with Town of Barnstable Health Department. You,are directed to correct the violations listed above within twenty—four hours of your receipt of this notice by-installing smoke detectors in accordance;with Mass . Fire Codes. You are ordered to correct the violations listed above within thirty (30) days of your receipt of this notice by correcting the violations noted above and pulling any required building permits to restore the property to a four bedroom home. You are ordered to remove the bedrooms by removing entrance doors and by opening door- way entrances to the room to a minimum of five feet wide openings. This will bring the total bedroom count down from nine (9) to the appropriate four (4) as designated by your septic permit. You may request a hearing before the Board of Health if written petition requesting same is received within ten (10) days after the date the order is served. Non-compliance will result in a fine of$100.00 per violation. Each day's failure to comply with an order shall constitute a separate violation.- Should you have any questions regarding the above violation,please contact the Town Health Division and ask to speak with the inspector who performed the inspection. PER ORDER OF TH ` BOARD OF HEALTH s A. Mc ean, R.S., CHO Director of Public Health Town of Barnstable f &a @Mwe TC. OFFICIAL U Postage $ � I �O Certified Fee 0 Lj Postmark ( Return Reoeipt Fe; Hereu 2008 Endorsement Required) SEF , Restricted Delivery Fee (Endorsement Required) Total Postage&Fees $ Sent o :- 1a ?. _ Q. _. 1--------------------- �teet,apt.too.; 8 3 orP...... . _f�1 AV11(i41. city, ... ............•------•-•--.........--- Certified Mail Provides:`- o A mailing receipt , n A unique identifier for your mailpoce r o A record of delivery kept by the Postal Service for two years I I Important Reminders: o Certified Mail may ONLY be combined with First-Class Mail®or Priority Mai o Certified Mail is not available for any class of international mail. o NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. F�. valuables,please consider Insured or Registered Mail. o For an additional fee,a Return Receipt may he requested to provide proof delivery.To obtain Return Receipt service,please complete and attach a Retui I Receipt(PS Form 3811)to the article and add applicable postage to cover tf I fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver ft I a duplicate return receipt,a USPS®postmark on your Certified Mail receipt required. I o For an additional fee, delivery may be restricted to the addressee i' addressee's authorized agent.Advise the clerk or mark the mailpiece with tt endorsement"Restricted Delivery". I o If a postmark on the Certified Mail receipt is desired,please present the art cle at the post office,for postmarking. ,If a postmark on,the Certified Ma receipt is not needed,detach and affix label w th postage and mail. I IMPORTANT:Save'this receipt and=pregent it when making an inquiry. I PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047, Barnstable H�Py Regulatory Services Department "'McaC"y * RARNSTABLE, H A 9. �bgq. Public Health Division�p �0 m Ar fb Mpg a 200 Main Street, Hyannis MA 02601 2007 Office: 508-862-4644 D PY Thomas F.Geiler,Director FAX: 508-790-6304 Thomas A.McKean,CHO C( September 4, 2008 CERTIFIED MAIL 7007 2680 0002 6701 7328 Adrien J. Joseph 83 Nautical Road Hyannis, MA 02601 RE: Assessors -2(307 37) NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000 and 310 CMR 15.00, AS WELL AS TITLE V AND THE TOWN OF BARNSTABLE CODE CHAPTER 170. . The property owned by you located at 83 Nautical Road, Hyannis was inspected on August 8, 2008 by Jaime Cabot, Town of Barnstable Health Inspector. The following violations of the State Sanitary Code were observed: y 105 CMR 410.4507 Means of Egress: two illegal bedrooms were observed in the basement without proper means of egress. , 105 CMR 410.482- Smoke Detectors and Carbon Monoxide Alarms: No Carbon Monoxide Detector was provided on the second floor or for room number five. No Smoke detector was provided on the second floor 105 CMR 410.300 and 310 CMR 15.00: There were a total of nine (9)bedrooms observed at this property. However, the.existing septic system was not approved for nine (9)bedrooms. It was approved for four(4) bedrooms only. 105 CMR 410.500—Owner's Responsibility to Maintain Structural Elements: The door sill of the front door was rotted, the outside light was broken, downspouts had become disconnected from the gutters, and holes were observed in the walls, base boards. and cabinets. The.wires leading to the electrical meter had damaged insulation, tenant stated that sparks came from light switch and covers were missing from outlets. 105 CMR 410.551-Screens missing from windows. 105 CMR 410.552-Screens and automatic closer were missing from storm door. 105 CMR 410.351 (A) - Owners Installation and maintenance responsibilities: Upstairs toilet has a faulty valve, broken shower head in bath and the toilet seat in the first floor bath is broken. 105 CMR 410.501 —Weathertight Elements: There was a broken window in room number five. The following violations of the Town of Barnstable Code were observed: 070-4—Certificate of Registration: Rental property is not registered with Town of Barnstable Health Department. i You are directed to correct the violations listed above within twenty—four hours of your receipt of this notice by installing smoke detectors in accordance with Mass Fire Codes. You are ordered to correct the violations listed above within thirty (30) days of your receipt of this notice by correcting the violations noted above and pulling any required building permits to restore the property to a four bedroom home. You are ordered to remove the bedrooms by removing entrance doors and by opening door- way entrances to the room to a minimum of five feet wide openings. This will bring the total bedroom count down from nine (9) to the appropriate'four (4) as designated by your septic permit. You may request a hearing before the Board of Health if written petition requesting same is received within ten (10) days after the date the order is served. Non-compliance will result in a fine of$100.00 per violation. Each day's failure to comply with an order shall constitute a separate violation. Should you have any questions regarding the above violation,please contact the Town Health Division and ask to speak with the inspector who performed the inspection. PER ORDER OF TH BOARD OF HEALTH s A. Mc ean, R.S., CHO Director of Public Health Town of Barnstable ty Im p . ti ru �. • ti N OFFICIAL USE u') Postage $ 0 3 Certified Fee o U ReturnReciept Fee A ?� Postmark � (Endorsement Requlred) Here O Restricted Delivery Fee r co (Endorsement Required) ..D Total Postage&.Fees r M O Sent To , C3 t^i eo J, ,So tQ -------------------------------=------------- [ti or Street,Apt No.; �Gj T PO Box No. City Sfate,Zl 4 l Certified Mail Provides: (asianaa)ZooZ eunj�'oos6 weed Sd o A mailing receipt o A unique identifier for your mailpiece 1► o A record of delivery kept by the Postal Service for two years Important Reminders., o Certified Mail may ONLY be combined with First-Class Mails or Priority Mails. o Certified Mail is not available for any class of international mail. o NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. o For an additional fee,a Retum Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece'Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. o For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". n If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. 4� µ. Certified Mail#7003 1680 0004 5458 2223 'Town of Barnstable Regulatory Services �* lnARNSfABM ! Thomas F. Geiler,Director MASS. Fc Public Health Division Thomas McKean,Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 June 9; 2005 Adrien J. Joseph 83/85 Nautical Road Hyannis, MA 02601 k NOTICE TO ABATE VIOLATIONS OF 105 CMR 4106000, STATE SANITARY CODE II - MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE CODE: The property owned by you located at 83 Nautical Road (AKA 85 Nautical Road), Hyannis, MA was inspected on June 6, 2005 by David Stanton R.S., Health Inspector for the Town of Barnstable, because of a complaint. Also present during the investigation was Sgt. Baxter of the Town of Barnstable Police Department. The following violations of the State.Sanitary Code were observed: 105 CMR 410.450: Means of Egress: Two illegal bedrooms were observed in the basement, without•proper means of egress. 105 CMR 410.351(A): Owner's Installation and Maintenance Responsibilities: A water pipe was observed leaking in the basement, with a plastic container suspended to collect the water from the leaking pipe. The following violations of the Town of Barnstable Code were observed: Town of Barnstable Code 4353-: Much Rubbish observed on the property, including vehicle tires, construction and demolition debris, old truck body beds, etc. Town of Barnstable Code §170-7: Owner's name, address and telephone number were not posted outside. I e Q:Order letters\Housing violations\83 NauticalWoad.doc fY } 3 Town of Barnstable Code §170-7 reads as follows: An owner of a dwelling which is rented for residential use, who does not reside therein and who i does not employ a manager or agent for such dwelling who resides therein, shall post and maintain or cause to be posted and maintained on the exterior of such dwelling within five (5) feet of the main entrance or within five (5) feet of the mailbox(es), at least four(4) feet and not greater than six (6) feet above ground level, a notice constructed of durable material, not less than twenty square inches in size, bearing his/her correct name, address and telephone number. If the owner is a realty trust or partnership,the name, address, and telephone number of the managing trustee or partner shall be posted. If the owner is a corporation, the name, address, and i telephone number of the president of the corporation shall be posted. Where the owner employs a manager or agent who does not reside in such dwelling, such manager or agent's name, address, and telephone number shall also be included in the notice. You are directed to correct the violations listed above within Thirty (30) days of your receipt of this notice by removing the illegal bedrooms in the basement, repairing the leaking water pipe, removing all of the rubbish in the whole yard and disposing of it properly, and by posting the property properly. You may request a hearing before the Board of Health if written petition requesting same is received within ten(10) days after the date the order is served. Non-compliance will result in a fine of$100.00 per violation. Each day's failure to comply with an order shall constitute a separate violation. PER ORDER OF THE BOARD OF HEALTH Thomas A. McKean, R.S. Director of Public Health Town of Barnstable Q:Order letters\Housing violations\83 Nautical Road.doc �w.......-.--�^'�.Y^+C"'�-;r,�,::tia.�•s-T`+.<,.. r.-M�T;'^,�r,'--�iL-r�+.r.S4'�+fR„7+,.•�•r ._ .-,,..4�-•'"..e.+.�-..--.r�^..-+v'r�w��4..u,..f"'/"^-..r.-...1`'�. ,aT TOWN OF BARNSTABLE -yJ Ordinance or Regulation * WARNING NOTICE Name of Offender/Manager I,, P/rA, A \-TOW- W Address of Offender ;,VK.5 WO-ffrAl . O)A V MV/MB Reg.# Village/State/Zip tY � w Business Name ,- mlpm;, on 20.1 Business Address E Signature .of ,nforeYng Off ice r` lit Village/State/Zip / Location of Offense 5�- VF5AIA WICA 1 ° ✓[�, �` �l Ch Enfo c i r ing Dept/Division Offense ( ] 0 �� `+ -a Facts 1 l lrp'1` ��, '" � �� ���i t,..�"�^` � � ._l,✓� ��i,T"`�... , �. O This will serve only as a warning. At this time no' legal action has been taken. It is the goal of Town agencies to achieve voluntary compliance of Town Ordinances, Rules and Regulations. Education efforts and warning notices are attempts to gain voluntary compliance. Subsequent violations will re/su t in . appropriate legal action by the Town. M 'r>r ez* WIn y +.i...w....^..'.�.,...--...-�-,�.. �.^.ro•;-'y�.i+..r,_•.,.,,,.�,r,.s..�.:.Fs,�.,,.y�:;,fi"=r:^e,..,.�i.:..+Ji,..*�..n�..j`�;,�..:�„�,,,,,,,.,,a-.. �—e.-.+„Y,;.,.,r+i:t..M1..:,,,,,.c.,-.-.wn.+s'•."°..s.. ,!Ck-,,_,�,,,3�'ti-.v,-..;q"i-'ir TOWN OF BARNSTABLE —W Ordinance or Regulation WARNING NOTICE ' Name of Of fender/Manager " f:r< -�`' Address of Offender _ iv4' ( MV/MB Reg.# f Village/State/Zipl` ' , � ✓ A , Business Name am/ m on 4 yy � Business AddressAT Signature .of`-Enforcing Officer 's Village/State/Zip Location of Offense j � I, %V i Al0 A Enforcing Dept/D'ivision ` _ Offense 0.01 toe , v VC-ti, ! r a xis p4c � AV ,?) 58 ThYs will serve only as a warning. At thig 'time , no' legal action has been taken. Itr is the goal of Town agencies to, achieve voluntary compliance of Town yOrdinances, Rues `�.and `\Regulations. Edtca�tionlefforts and warning notices are attempts to gain ,voluntary compliance. Subsequent violations will re�sultf in appropriate legal action by the- Town. + I w ' e "` TOWN OF BARNSTABLE BR_W 4120 Ordinance or Regulation WARNING NOTICE Name of Offender/Manager Adri#A TU P PA Address of Offender a�v �thl �kvtj dw&A'111 MV/MB Reg.# Village/State/Zip V/A As" /� 02. 601 Business Name 4t/-'f-am/pm, on 20-4.7 r Business Address , .,, Signature .of Enforcing Officer Village/State/Zip Location of Offense 'J RIP gv/-4orylot�w JA ir / J Enfo"rcing 'Drept/D/ivision Offense � fJA 11 hirS a /tP is rs�/� [ wp eo / Rey . Facts MV4 re `rr oe' r4k�l)ff 01!/0 �� '",�1fl�.Os1 ,Dar dItIq • 'Jftr ko l be . Surd- !!n^/t k 40V. This willr serve only a"s a warning. At this time no legal action has been taken. It is the goal of Town agencies to achieve voluntary compliance of Town Ordinances, Rules and Regulations. Education efforts and warning notices are attempts to gain voluntary compliance. Subsequent violat'ons w' 1 result in appropriate legal action by the Town. WHITE-OFFENDER CANARY-ORD./REG.-PROD:.; PINK-ENFORCING OFFICER GOLD-ENFORCING EPT. �� TOWN OF BARNSTABLE BAR-W Ordinance or Regulation WARNING NOTICE - Name -of Offender/Manager Adr, r r 0"t P Address of Offender ef)IJ 1 0"/41- ,*-A f MV/MB Reg.#- Village/State/Zip YA 6 0" 41_* .,Business Name I am/ on f 2007 Business Address Si4nature .of Enforcing Officer Village/State/Zip Location of Offense 14, lifru a fnfdrcing 'Vept/Divisio­n Offenses; , r^rr: rnA)VI Facts 1(1445r d 12ert "OV41 r'r Ir Of jo/rsr,,� ja I oil P tip by- dr,4 -4 C it r �v, /I &r , S5,,rt v. Thid will serve only a's a warningrf 'At this time no legal action has been taken. It is the goal of Town agencies to achieve voluntary compliance of Town Ordinances, Rules and Regulations. Education efforts and warning notices are . attempts to gain voluntary compliance. Subsequent violat;*,ons will result. in appropriate legal action by the Town. C�P I I ovpct, 4 F )5 & -WHITE-OFFENDER CANARY-ORD./REG.-PROG PINK-ENFORCING OFFICER GOLD-ENFORCING EPT. yb D AT �: " /��/.98,3 1Qn 4 to r� PROPERTY ADDRESS:8,5 Na'LTtical Road HEti F Hyannis,Mass. � 02601 On the above date, I Inspected the "ptic system at the above address. This system conslsts of the following: 1 . 1 -1 000 'gallon septic tank. 2 . 1 -1 000 gallon 'septic tank. Based bn my ineckctlon, I certify the following conditions: 3 . This is a title five septic system.­'( '-7$ Code )' 4 . The septic system is -i.n proper working order at the present time. 5 . 'The leaching pit . is presently dry. No signs of water intrusion 6 . The. .septic tank should be pumped. 81GNATUF? I . Name J P Macomber Jr... - i , . - - ------- Company:_`. P . Macogber & Son- 'Inc . Address: Cente_rvi11eLMas_;s`02.632 Phone THIS CERTIFICATION DOES NOT CONSTITUTE A GUARANTY OR WARRANTY JOSEPH P. MACOMBER & SON, INC, Tanks-Cesspools-Le:chfle Ids Pump+d & Instilled Town Sewer Connections P.O. Box 66' Centerville, MA 02632-0066 77.5.33U 776-6412 . C 1 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292.5500 µ'ILLIAM F.WELD TRUDY COXE Govcmor Sccrctary ARGEO PAUL CELLUCCI DAVID B.STRUFLS Lt.Govcmor SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM Commissioncr PART A CERTIFICATION Property Address: 85 Nautical Road Hyannis,Mass Address of Owner: 561 East 7th St. Date of Inspection: 9/22/98 (If different) South Bos ton,Mas s . Name of Inspector: jr)g h T1 Ma =ber Jr. 02127 1 am a DEP a roved system inspector pursuant to Section 15.340 of Title 5 (310 CMR 15.000) Company Name: J.F.Macomber & Son Inc. Mailing Address: BOX_ 66 Centerville,Mass , 02632 Telephone Number: 508-775-33-18 CERTIFICATION STATEMENT I certify that I have personally inspected the sewage disposal system at this address and that the information reported below is true, accurate and complete as of the time of inspection. The inspection was performed based on my training and experience in the proper function and maintenance of on-site sewage-disposal systems. The system: y1passes _ Conditionally Passes Needs Further Evaluation By the Local Approving Authority Fai s Inspector's Signature: %� ( Date: The System Inspecto hall submit a copy of this inspection report to the Approving Authority within thirty (30) days of completing this inspection. If the.system is a shared system or has a design flow of 10,000 god or greater, the inspector and the system owner shall submit the report to the appropriate regional office of the Department of Environmental Protection. The original should be sent to the system owner and copies sent to the buyer, if applicable, and the approving authority. INSPECTION SUMMARY: Check A, B, C, or D: A) SYSTEM PASSES: >I have not found any information which indicates that the system violates any of the failure criteria as defined in 310 CMR 15.303. Any failure criteria not evaluated are indicated below. COMMENTS: B) SYSTEM CONDITIONALLY PASSES: w y One or more system components as described in the "Conditional Pass" section need to be replaced or repaired. The system, upon completion of the replacement or repair, as approved by the Board of Health, will pass. Indicate ye�,no, or not determined (Y, N, or ND). Describe basis of determination in all instances. If"not determined", explain why not. The septic tank is metal, unless the owner or operator has provided the system inspector with a copy of a Certificate of Compliance (attached) indicating that the tank was installed within twenty (20) years prior to the date of the inspection; or the septic tank, whether or not metal, is cracked, structurally unsound, shows substantial infiltration or exfiltration, or tank failure is imminent. The system will.pass inspection if the existing septic tank is replaced with a conforming septic tank as approved by the Board of Health. (revised 04/25/91) Pay 1 of 10 DEP on the World Wide Web: http:IAwww.magnet.state.ma.us/dep Printed on Recycled Paper SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION (continued) Property Address: 85 Nautical Road Hyannis,Mass. Owner: John Pages Data of Inspection: 9/22/98 e) SYSTEM CONDITIONALLY PASSES (continued) 4�&Q Sewage backup or breakout or high static water level observed in the distribution box is due to broken or obstructed pipe(s) or due to a broken, senled or uneven distribution box. The system will pass inspection if(with approval of the Board of Health). Describe observations: broken pipes) are replaced obstruction is removed distribution box is levelled or replaced The system required pumping more than four times a year due to broken or obstructed pipets). The system will pass inspection if(with approval of the Board of Health): broken pipe(s) are replaced obstruction is removed C) FURTHER EVALUATION IS REQUIRED BY THE BOARD OF HEALTH: 10 Conditions exist which require further evaluation by the Board of Health in order to determine if the system is failing to protect the public health, safety and the environment. 1) SYSTEM WILL PASS UNLESS BOARD OF HEALTH DETERMINES THAT THE SYSTEM I5 NOT FUNCTIONING IN A MANNER WHICH WILL PROTECT THE PUBLIC HEALTH AND SAFETY AND THE ENVIRONMENT: aCesspool or privy is within 50 feet of a surface water dD Cesspool or privy is within 50 feet of a bordering vegetated wetland or a salt marsh. 2) SYSTEM WILL FAIL UNLESS THE BOARD OF HEALTH (AND PUBLIC WATER SUPPLIER, IF APPROPRIATE) DETERMINES THAT THE SYSTEM 15 FUNCTIONING IN A MANNER THAT PROTECTS THE PUBLIC HEALTH AND SAFETY AND THE ENVIRONMENT: The system has a septic tank and soil absorption system (SAS) and the SAS is within 100 feet to a surface water supply or tributary to a surface water supply. The system has a septic tank and soil absorption system and the SAS Is within a Zone I of a public water supply well. The system has a septic tank and soil absorption system qnd the SAS is within 50 feet of a private water supply well. The system has a septic tank and soil absorption system and the SAS is less than 100 feet but 50 feet or more from a private water supply well, unless a well water analysis for coliform bacteria and volatile organic compounds indiotes that the well is free from pollution from that facility and the presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5 ppm. Method used to determine distance 4�4 _ (approximation not valid). 3) OTHER L0" 10 tr•viaed 04/3$/37) 740. 3 of 10 /J SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM J PART A CERTIFICATION (continued) Property Address: 85 Nautical Road Hyannis,Mass. Owner: John Pages Date of Inspection:9/2 2/9 8 D) SYSTEM FAILS: You must indicate eiv.er 'Yes' or 'No' as to each of the following: I have determined that the system violates one or more of the following failure criteria as defined in 310 CMR 15.303. The basis for this determination is identified below. The Board of Health should be contacted to determine what will be necessary to cornea the failure. Yes No / ,�/ Backup of sewage into facility or system t;omponent due to an overloaded or clogged 5A5 or cesspool. Discharge or ponding of effluent to the surface of the ground or surface waters due to an overloaded or clogged SA5 or cesspool. Static liquid level in the distri¢ution box above outlet invert due to an overloaded or clogged SAS or cesspool. ? rT Liquid depth in_c"49ool is less than 6' below inven or available volume is less than 1/2 day flow. Required pumping more than 4 times in the last year NOT due to clogged or obstructed pipe(s). Number of limes pumped 0. Any ponion of the Soil Absorption System, cesspool or privy is below the high groundwater elevation. Any ponion of a 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 I of a public well. Any ponion of a cesspool or privy is within 50 feet of a private water supply well. Any ponion 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. If the well has been analyzed to be acceptable, attach copy of well water analysis for coliform bacteria, volatile organic compounds, ammonia nitrogen and nitrate nitrogen. Q LARGE SYSTEM FAILS: You must indicate either 'Yes' or 'No' as to each of the following: The following criteria apply to large systems in addition to the criteria above: r[(� The system serves a facility with a design flow of 10,000 gpd or greater (Large System) and the system is a significant threat to public health and safety and the environment because one or more of the following conditions exist: Yes No Athe 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 Proteqtion Area • IWPA) or a mapped Zone II of a public water supply well) The owner or operator of any such system shall bring the system and facility into full compliance with the groundwater treatment program requirements of 314 CMR 5.00 and 6.00. Please.consult the local regional office of the Department for further information. (revised 04/is/17) D.y. ) of 10 •, .. � .jar, .i ,,;,�ii- •r V SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART B CHECKLIST Property Address:85 Nautical Road. Hyannis,Mass. Owner: John Pages Date of Inspection: 9/2 2/9 8 Check if the following have been done: You must indicate either "Yes" or "No" as.to each of the following: Yes No Pumping information was provided by the owner, occupant, or Board of Health. None of the system components have been pumped for at least two weeks and the system has been receiving normal flow rates during that period. Large volumes of water have not been introduced into the system recently or / as part of this inspection. As built plans have been obtained and examined. Note if they are not available with N/A. The facility or dwelling was inspected for signs of sewage back-up. _ Y The system does not receive non-sanitary or Industrial waste flow. _ The site was inspected for signs of breakout. L All system components, 4luding the Soil Absorption System, have been located on the site. _ The septic tank manholes were uncovered, opened,and the interior of the septic tank was inspected for condition of baffles or tees, material of construction, dimensions,depth of liquid, depth of sludge, depth of scum. — The size and location of the Soil Absorption System on the site has been determined based on: The facility owner (and occupants, if different from owner) were provided with information on the proper maintenance of Sub-Surface Disposal System. Existing information. Ex. Plan at B.O.H. Determined in the field (if any of the failure criteria related to Part C is at issue, approximation of distance is unacceptable) (15.302(3)(b)) (r.vi..a Os/7S/17) a.p. 4 of 10 �,ll I SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION Property Address:85 Nautical Road Hyannis,Mass/ Owner: John Pages Date of Inspection:9/2 2/9 8 FLOW CONDITIONS RESIDENTIAL: Design flow: libedroom (or S.A.S. Number of bedrooms: Number of current residents: Garbage grinder (yes or no):_IL Laundry connected to system (yes or no):\&5 Seasonal use (yes or no):�i Q/ Water meter.readings, if available (last two (2) year usage (gpd): Sump Pump (yes or no): & tl� Last date of occupancy: COMM ERCIAUINDUSTRIAL: Type of establishme t: A4 Design (low: A) allons/day .Grease trap present: (yes or no)_a Industrial Waste Holding Tank present: (yes or no)-&,5- Non-sanitary waste discharged to the Title 5 system: (yes or no) Water meter readings, if av it ble: Last date of occupancy: .t')& OTHER: (Describe) Last date of occupancy: GENERAL INFORMATION PUMPING RECORDS and source of information: System pumped as part of i pection: (yes or no)414.1 If yes, volume pumped: all ns -�^ Reason for pumping: 104. nu 1sbaa TYPYSTEM Septic tenk,(d4uihu6epr-6eldsoil absorption system Single cesspool Overflow cesspool Privy 47— Shared system (yes or no) (if yes, attach previous inspection records, if any) VA Technology etc. Copy of up to date contract? Other APPR�TE AGE of all components, date installed (if known) and source of information: ;Sewage odors detected when arriving at the site: (yes or no) a (zovis*d 04/25/97) P&y• S of 10 SUBSURFACE SEWAGE DISPOSAL.SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address: 85 Nautical Road Hyannis,Mass. Owner: John Pages Date of Inspection: 9/2 2/9 8 BUILDING SEWER: (Locate on site plan) Depth below grade: Material of construaio : as i n _40 PVC _other (explain) Distance from private water Jupplytelf or suction line 11 t Diameter _/jl rl Comments: (condition of joints, venting, evidence of leakage, etc.) Joints appear ti ght ;Nn avi denca of leakiage SEPTIC TANK:'�Lw9; >< (locate on site plan) �1 Depth below grade: Material of construction: -concrete _metal Fiberglass _Polyethylene _other(explain) If tank is metal, list age V11 Is age confirmed by Certificate of Compliance ifJ (Yes/No) Dimensions: 1 617w Sludge depth: Distance from top of nudge to bottom of outlet tee or baffler Scum thickness: jl� Distance from top of scum to top of outlet tee or baffle: Q�t� Distance from bottom of scum to bottom of outlet t e or baffle: sh How dimensions were determined: Comments: (recommendation for pumping, condition of inlet and outlet tees or baffles, depth of liquid level in relation to outlet invert, structural integrity, evidence of leakage, etc.) Pump tank avAr_4 ttgntr-,—three—years I came ° outlet teps arP i n pi ace T.; qui d I at the eutle - --` - rr GREASE TRAP:22ak, (locate-on site plan) Depth below grade: O/9 Material of construction:N�concrete��metal� fiberglassV, Polyethylene other(explain) Dimensions: Scum thickness: NW Distance from top of scum to top of outlet tee or baffler Distance from bottom of scum to bottom of outlet tee or baffle: Date of last pumping: Comments: (recommendation for pumping, condition of inlet and outlet tees or baffles, depth of liquid level in relation to outlet invert, structural integrity, evidence of leakage,-etc.) Grease t rap is not present. (rvvisod 0{/2S/97) Pay• 4 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address: 85 Nautical Road Hyannis,Mass. Owner: John Pages Daic of Inspection: 9/22/98 TIGHT OR HOLDING TANK:dZ.VQ,(Tank must be pumped prior to, or at time, of inspection) (locate on she plan) Depth below grade:,/ Material of construction:/(/dconcreteM metal4Fiberglass f�QPolyelhylene,�other(explain) 414 Dimensions: Capaciry: gallons Design flow: gallons/day Alarm level: Alarm in working order Yes;4, , No Date of previous pumping: Comments: (condition of inlet tee, condition of alarm and float switches, etc.) Tia ht or Holding Tanks are not present. DISTRIBUTION BOX: , (locate on site plan) Depth of liquid level above outlet inven:.—AA_ Comments: (note if level and distribution is equal, evidence of solids carryover, evidence of leakage into or,out of box, etc.) Distribution box is not present PUMP CHAMBER:A� (locatc on site plan) ++11 Pumps in working order: (Yes or No) N Alarms in working order (Yes or No) Comments: (note condition of pump chamber, condition of pumps and appurtenances, etc.) Pump chamber is not present. (r.v1..G Of/JS/f7) P•p• 7 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Properly Address:85 Nautical Way Hyannis,Mass Owner: John Pages Date of Inspection: 9/2 2/9 8 SOIL ABSORPTION SYSTEM (SAS):,,,Z (locate on site plan, if possible; excavation not required, but may be approximated by non-intrusive methods) If not determined to be present, explain: Type:. leaching pits, number: leaching chambers, number: leaching galleries, number: leaching trenches, number,length:--� ---- leaching fields, number, dimensions: (/ overflow cesspool, number: Alternative system: Name of Technology: Comments: (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.) Loam s .No signs of hydraulic or pon ing;Vegetation is normal - CESSPOOLS: A&& (locate on site plan) Number and configuration:_ Depth-top of liquid to inlet invert: U14 Depth of solids layer: Depth of scum Layer: Dimensions of cesspool: materials of construction: Indication of groundwater: inflow (cesspool must be pumped as pan of inspection) Cesspools are not present Comments: (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.) Cesspools are not present_ PRIVY: Aktlt (locate on site plan) Materials of construction: ,(J/Q Dimensions: All4 Depth of solids: Comments: (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.) Privy is not present_ (revised 04/2S/17) Page / of 10 SUBSURFACE SOYAGE DISPOSAL, SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION jcontinvcd) Pcopcnr Address:85 Nautical Way Hyannis,Mass . O"ne,: John Pages O+sc of Inspection: 9/22/98 SKETCH Of SEWAGE DISPOSAL SYSTEM: inclvdc ties to aI least two permanent references landmuks or benchmarks locale all wells within 100' (locate where public wale( supply comes into house) �S N UTe.A � . w 23 \ CY e•y• J of 10 • l� SUBSURFACE SEWACE DISPI.::>;,l SYSTEM INSPECTION FORM C SYSTEM INFOR..', riON (continued) Property Address: 85 Nautical Road Hyannis,Mass. Owner: John Pages Date of Inspection: 9/22/98 r Depth to Groundwater Feet Please indicate all the methods used to determine High Groundwater Elevation: Obtained from Design Plans on record Observation f Site (.�bunin property m observation hole, basetr�sump etc.) Determine it from local conditions Check with local Board of health Check FEMA Maps I C eck pumping records Check local excavators, installers Use USGS Data Describe in your own words how you established the High Grour>ot�vl*crElevation. Must be completed) Used Gahrety & Miller Model 12/16/94 (r•vl••d 01/73/!7) Fag, ''Qot 10 14 • •nrnr+rT-n.rr�.r-5rnrtm•nmrrs^nn+�ntmm��•re•e'►r�sTtrwmfr�'nZ**w'srRn Tn •. TOWN OF Barnstable BOARD OF HEALTH i SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM - PART D •- CERTIFICATION �. �^•Tt1^T•'.".:5—T,III^.TITSTI T.S11'ti.'1T1 TITiCl5If5I�T1'T—.5•i r51T1'7irR1QrTA.R7l1Ir RrfYll.f�fA•1�7 Rli.n ..r.•rT'TT•1 .•...� .-TYPE OR PRINT CI.EARLY- PROPERTY INSPECTED a STREET ADDRESS 85 Nautical Road .Hyannis,Mass. ' ASSESSORS MAP, BLOCK AND PARCEL # OWNER' s NAME John Pages• PART D - CERTIFICATION r NAME OF INSPECTOR Joseph P.Macomber Jr. COMPANY NAME J.P.Macomber & S,&n- Inc. COMPANY ADDRESS Box 66 Centerville,Mass. 02632 Strevt Town or City scat• LIP COMPANY TELEPHONE ( 508-)175 - 3338 FAX ( 508 ) 790 _ 1 578 R CERTIFICATION STATEMENT R I certify that I have personally inspected the sewage disposaj system at this address and that the information reported is true , accurate , and complete as of the time of ,inspection . The inspection was performed and any recommendations regarding upgrade , maintenance , and repair are consistent with my training and experience in the proper function and maintenance of on- site sewage disposal systems . Check one : _L_/`S`ystelri PASSED The inspection which I have conducted has not found any information which indicates that the system fails to adequately protect public health or the environment as defined in 310 CMR 15 . 303 . Any failure criteria not evaluated are as stated in the FAILURE CRITERIA section of this form. System FAILED* The inspection which I have con tcted has found that the system fails to Protect the j-)ublic health and the environment in accordance with Title 56 , 310 CMR 15 . 303 , and as specifically noted on PART C - FAILURE CRITERIA of this inspection form . Inspector Signature C � � - � Date . One copy of this c tification must be provided to the OWNER, the BUYER ( where applicable and the BOARD OF HEAL1'll. * If the inspection FAILED, the owner or"roperator shall u aystem within one year of the date of the inspection, unless owed o re uired allowed o otherwise r required as provided in 3,10 ChIR 16 . 305 . St ired partd .doc 4(J 1 l � - l � 4 � U J\ THE COM:N40NWLi ALTII OF N ASSA CHUSETTS 3 DEPARTMENT OF ENYIZONNIENTAL PROTECTION BE IT KNOWN THAT Joseph P. Macomber, Jr. Has satisfied -the Department's qualifications as required and is hereby authorized to use the title CER i i D TITLE S SYSTEM INSPECTOR as provided in 310 CMR 15.340 and Section 13 of Chapter 21A of the General Laws. Issued by The Department of Environmental Protection. i r< a IWS --- -- n( (mx ()11cc1t>( u( the [) i (c)n v( W�tcr Pollution Control TOWN OF BARNSTABLE LOCATION SEWAGE # VILLAGE J4t)011n;,< ASSESSOR'S MAP & LOT INSTALLER'S NAME & PHONE NO. SEPTIC TANK CAPACITY LEACHING FACILITY:(type) (size) NO. OF BEDROOMS 3 PRIVATE WELL OR PUBLIC WATER BUILDER OR OWNER �-1 J DATE PERMIT ISSUED: J DATE COMPLIANCE ISSUED:VARIANCE GRANTED: Yes No lb �b TOWN OF BARNSTABLE LOCATION ✓II'.�,OE� SEWAGE # ASSESSOR'S MAP & LOT INSTALLER'S NAME&PHONE NO. SEPTIC TANK CAPACITY �1,) LEACHING FACILITY: (type) e0. , NO. OF BEDROOMS 1 �(size)7,ll�� BUILDER OR OWNER ,Z" PERMTTDATE: 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) - Edge of Wetland and Leaching Facility(If any wetlands exist Feet within 300 fee of leacfu f, li Furnished b A -'� � Feet i 5 NAvT Al Rd i ` 23 \A �t ►3