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0340 NORTH STREET - Health
34ZNorth Street, Hyannis, S A CHEZ PATRICE 3V0 y/ fi vx — J I xczD I t! e I�r I III iI( 1 I ° f TOWN OF BARNSTABLE COMPLIANCE: CLASS: 1.Marine,Gas Stations,Repair nters BOARD OF HEALTH satisfactory s.A to Body Shops -� /� �p �(� m 0 unsatisfactory- 4.Manufacturers COMPANY oLJ'1 A 1 U�l�" ';`'l.�v (see"Orders") - 5.Retail Stores j 6.Fuel Suppliers ADDRESS" ��4� '`"�-�t��T ClaSS: 7.Miscellaneous _N, QUANTITIES AND STORAGE (IN= indoors; OUT=outdoors) . MAJOR MATERIALS Case lots Drums Above Tanks Underground Tanks IN OUT IN OUT IN OUT #&gallons Age Test _. Fuels: Gasoline,Jet Fuel (A) Diesel, Kerosene, #2 (B) Heavy Oils: waste motor oil (C) new motor oil(C) transmission/hydraulic Synthetic Organics: degreasers Miscellaneous: cc) i < < X � Co� DISPOSALIRECLAMATION REMARKS: 1. §anitary Sewage 2.Water Supply '-)Town Sewer Public O On-site OPrivate 3. Indoor Floor Drains YES N0�/ O Holding tank:MDC O Catch basin/Dry well O On-site system 4. Outdoor Surface drains:YES N0�k ORDERS: O Holding tank:MDC O Catch basin/Dry well O On-site system 5.Waste Transporter auler Licensed?! Name of 11. Destination Waste Product YES NO 1. 2. C- Pers s) n ewed Inspector D to c • TOXIC AND HAZARDOUS MATERIALS REGISTRATION FORM NAME OF BUSINESS: �� � c'Z_ Mail To: BUSINESS LOCATION.:��Z'� �o ignINCS Board of Health Town of Barnstable MAILING ADDRESS: P.O. Box 534 TELEPHONE NUMBER: ? 71` �� Hyannis, MA 02601 CONTACT PERSON: EMERGENCY CONTACT TELEPHONE NUMBER: Does your firm store any of the toxic or hazardous materials listed below, either for sale or for your own use, in quantities total ' g, at any time, more than 50 gallons liquid volume or 25 pounds dry weight? YES NO This form must be returned to the Board of Health regardless of a yes or no answer. Use the enclosed envelope for your convenience. If you answered YES above, please indicate if the materials are stored at a site other than your mailing address: ADDRESS: TELEPHONE: �> LIST OF TOXIC AND HAZARDOUS MATERIALS The Board of Health has determined that the following products exhibit toxic or hazardous character- istics and must be registered regardless of volume. Please estimate the quantity beside the product that you store: Quantity/Case Quantity/Case Antifreeze (for.,gasoline or coolant systems) Drain cleaners Automatic transmission fluid Toilet cleaners Engine and radiator flushes Cesspool cleaners Hydraulic fluid (including brake fluid) Disinfectants Motor oils/waste oils Road Salt (Halite) — Gasoline, Jet fuel Refrigerants Diesel fuel, kerosene, #2 heating oil Pesticides (insecticides, herbicides, Other petroleum products: grease, lubricants rodenticides) Degreasers for engines and metal Photochemicals (fixers and developers) Degreasers for driveways & garages Printing ink Battery acid (electrolyte) Wood preservatives (creosote) Rustproofers Swimming pool chlorine Car wash detergents Lye or caustic soda Car waxes and polishes Jewelry cleaners Asphalt & roofing tar Leather dyes Paints, varnishes, stains, dyes Fertilizers (if stored outdoors) Paint & lacquer thinners PCB's Paint & varnish removers, deglossers Other chlorinated hydrocarbons, Paint brush cleaners (inc. carbon tetrachloride) Floor & furniture strippers Any other products with "Poison" labels Metal polishes (including chloroform, formaldehyde, Laundry soil & stain removers hydrochloric acid, other acids) (including bleach) Other products not listed which you feel may Spot removers & cleaning fluids be toxic or hazardous (please list): (dry cleaners) Other cleaning solvents Bug and tar removers Household cleansers, oven cleaners White Copy- Health Department! Canary Copy-Business i ..,.. .��g/ I.� ice] ♦��-r'"(r..�,r . �/(�/J�''�/�l�/'��'/'�\. 1.�' ��. _ ///... /�//'/, \ f TOWN OF BARNSTABLE COMPLIANCE: CLASS: 1.Marine,Gas Stations,Repair. C satisfactory 2.Printers BOARD OF HEALTH 3.Auto Body shops C r unsatisfactory- 4.Manufacturers 1 W (see"Orders") 5.Retail'Stores. COMPANY ' " �' 6.Fuel Suppliers ADDRESS � .5� 7.Miscellaneous Class: amn CI` QUANTITIES AND STORAGE (INI'indoors;"OUT=outdoors) MAJOR MATERIALS Case lots Drums Above Tanks Underground IN OUT IN OUT IN OUT` #,&gallons Age Test Fuels: Gasoline,Jet Fuel (A) Qk s Y Diesel, Kerosene; #2 (B) Heavy Oils: waste motor oil (C) r new motor oil (C) k , 'I transmission/hydraulic Synthetic..Organics: k degr`easers N. 4 Miscellaneo s t � i a DISPOSAURECLAMATION REMARKS: f 1. Sanitary Sewage 2. Water Supply O Town Sewer )$)kublic �Q On-site. OPrivate 3. Indoor Floor Drains YES NO O Holding tank:MDC O Catch basin/Dry well O On-site system 4. Outdoor Surface drains:YES NO ORDERS: E Q Holding tank:MDC /5,Catch basin/Dry well O On-site system 5.Waste Transporter Name of Hauler Destination Waste Product / YES 101 2. A, 4 Person (s) Interviewed Inspector Date HAZARDOUS MATERIALS REGISTRATION FORM 1/4 \\\ y ............................... ........_.. DBA: La Chez Patrice fax .... .. ..... ..... ..... corp name: 3 Mail Addr location: orth Street street 340 North Street ......... ........... ............ mappar. ���.0 �Q. cityH annis ..................__. .... contact: filaftmin Perry state: Me ................. ......... .. ............... .... ............... telephone: 771-4567 zip: 02601, emergency: 771-1086 -- - -- — erson interviewed: Business: .......... inspection date 1 category: Barbers/Beauty ................. inspection date 2 type: ............ inspection date 3 rJ public wate 177. indoor floor drain outdoor surface drain r7 license required n, private wate C indoor holding tank and M outdoor holding tank and 17. currently licensed F7 town sewag r_7 indoor catch basin/drywel IQ outdoor catch basin/drywel expir 17, on-site sewag indoor on-site syste r7l outdoor onsite syste date: notes: compliance: ........._.................... .incomplete :............_.............................................. ................._...._.................._. Chemicals: gty's > 25 Ibs dry or 50 gals liquid ............ . ......... ....... .. ........ waste transporter waste transporter 7 TOWN OF BARNSTABLE COMPLIANCE: CLASS: 1.Marine,Gas Stations,Repair BOARD OF HEALTH 39" satisfactory 3.Auto Body Shops unsatisfactory- 4.Manufacturers COMPANY La. CJY"L P�c� O (see"Orders") 5.Retail Stores 6.Fuel Suppliers ADDRESS POrl_ L Sr Class: 7.Miscellaneous QUANTITIES AND STORAGE (IN=indoors; OUT=outdoors) MAJOR MATERIALSUnderground Tanks IN OUT IN OUT IN OUT #&gallons Age Test Fuels: Gasoline,Jet Fuel(A) Diesel, Kerosene, #2 (B) Heavy Oils: waste motor oil (C) new motor oil(C) transmission/hydraulic Synthetic Organics: degreasers Miscellaneous: PC4,14i3 60lby-L4- ' gig�L) �"ir DISPOSAL/RECLAMATION REMARKS: 1. Sanitary Sewage 2.Water Supply �2 kA Town Sewer XPublic O (in-site OPrivate aAl G 3. Indoor Floor Drains YES NO O Holding tank:MDC O Catch basin/Dry well O On-site system 4. Outdoor Surface drains:YES_XNO ORDERS: O Holding tank:MDC A6 Catch basin/Dry well O On-site system 5.Waste Transporter Name of Hauler Destination Wa slliTri)A 1. 60 YES NO 2. oe VA Person(s) Interview Inspector Date Became effective September 8, 1983, after being published in the The Barnstable Patriot y�FTHE r TOWN OF BARNSTABLE OFFICE OF 2 IDARNSTAEL M BOARD OF HEALTH � M& -� i639. 367 MAIN STREET i Om k' HYANNIS, MASS. 02601 GROUND WATER�PROTECTION The Board of Health, Town of Barnstable, Massachusetts, in accordance with, and under the authority granted by Section 31, of Chapter 111, of the General Laws ofthe Commonwealth of Massachusetts, hereby adopted the following rules and regulations after a public hearing at a meeting of the Board held on Septem- ber 6, 1983. PURPOSE: The protection of ground water in the Town of Barnstable The round resources of the Town of Barnstable are its sole source e of water supply. It is now known and demonstrable that public supply wells draw water from a substantial land area. It is known from experience that high density housing can over time cause. serious deterioration of ambient groundwater by nitrate contamination. It has been proven that nitrate contamination in drinking water can be a serious public health problem. Calculations performed by Cape Cod Planning and Economic Development Commis- sion indicate- th&t housing units placed on one acre 'parcels will produce the maximum recommended planning limit of 5 ppm. nitrate-nitrogen in ground- water. Proposed subdivisions within 3,000 feet of a municipal sewer line shall connect all building lots in the subdivision to the Town sewer if any lots in -the subdivision are less, than one acre and are located within a zone of contribution to a public supply well. Zones of contribution will be determined by the Board of Health. All new multi-family dwellings within a zone of contribution to a public. supply well within 3000 feet of a municipal sewer line shall connect to the public sewer. All new commercial structures within a zone of contribution to a public supply well within 3000 feet of a municipal sewer line shall connect to public sewer. Outside of the Zones of Contribution to Public Supply Wells, any new construc- tion on lots of less than 1 acre that are within 3000 feet of a sewer line shall be considered for mandatory connection to said line if the Board of Health determines that onsite sewage disposal systems will contribute to the degradation of the water quality of private wells, lakes, ponds or coastal embayments. I VARIANCES to the regulation may be granted by the Board of Health after a hearing during which the applicant proves that the installation of onsite sewage disposal systems will not have a significant adverse affect on surface or subsurface public or private water resources. The Board in granting variances will consider if strict interpretation of this regulation would do manifest injustice to the applicant; however, the applicant must demonstrate that the same degree of environmental protection required by- this regulation can be achieved by other means. i r latio is t take effect on the date of publication of this notice. R ert L. Childs, haiirm Ann Jane= augh H/ F.' Inge, M.'IS. BOARD OF HEALTH TOWN OF BARNSTABLE APPROVED AS TO FORM ASst. Town Counsel z yo T�fo TOWN OF BARNSTABLE. i .• OFFICE OF i 3ADI7TABLE MA/l BOARD OF HEALTH � �O*A w. .ssy MAIN STREET HYANNIS, MASS. o2so1 Sewage Permit . 0 - 34 Applicant : .TF . Proposed Installer: The plan for the on-site sewage disposal system at ?j-T� has een approved with the condition that .the design engineer must be on-site and supervise installation as. well as certify in writing that the system was installed in strict .accordance to the approved plan. PAA Approv By Date / TOWN OF BARNSTABLE LOCATION �U. ' ,J SEWAGE # VILLAGE / ASSESSOR'S MAP Cz LOT,3oB INSTALLER'S NAME 6z PHONE NO. A & B CANCO 775-6264 SEPTIC TANK CAPACITY j Qad LEACHING FACILITY:(type)d/ YelLr`j �,,W4Vize) NO. OF BEDROOMS PRIVATE WELL OR PUB�.�IC WATER I BUILDER OR OWNER DATE PERMIT ISSUED: DATE COMPLIANCE ISSUED: VARIANCE GRANTED: Yes No_�_�' T G, � _� � � � � � �. . �� � � � fig � � � c� \,� ., �� � �� � � �� � � o �. ` � � ��� o \\. �, �� ASSESSORS MAP N0: O 8 ,, 'No... ............ PARCEL N0: O 6 Fim... . .''.......... THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH ......76"W.n . ............OF... Appiiratiou for Diiivniia1 Workii Tomitrurtion ramit Application is hereby made for a Permit to Construct ( ) or Repair (aw-) an Individual Sewage Disposal r System at: 3yo ni�►.......................... ------------------------------------------------------------------------------------------•--..... Location.ST;n 3 ,Iyot No. --n¢er..,._.!3j_4n���n---------------------------------------------------------- ------'-i---------°�----�r�----.b or.,Wrdikl�nn�s_..---..........----------...------ Owner Ad ess �,,nn ,36a �71Cs'rn 5 �. .�IlKb �ct.1X0_t a Installer Address PQ d Type of Building Size Lot............................Sq. feet U Dwelling—No. of Bedrooms............................................Expansion Attic ( ) Garbage Grinder ( ) aOther—Type of Building ____________________________ No. of persons............................ Showers ( ) — Cafeteria ( ) Other fixtures ------------------------------------------------------ W Design Flow............................................gallons per person per day. Total daily flow............................................gallons. WSeptic Tank—Liquid capacity............gallons Length................ Width................ Diameter---------------- Depth__--___.-__----. x Disposal Trench—No. .................... Width.................... Total Length.................... Total leaching area....................sq. ft. Seepage Pit No--------------------- Diameter.................... Depth below inlet.................... Total leaching area..................sq. ft. z Other Distribution box ( ) Dosing tank ( ) aPercolation Test Results Performed by.......................................................................... Date........................................ Test Pit No. 1................minutes per inch Depth of Test Pit.................... Depth to ground water-----------------_----_. i,` y Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth to ground water........................ 9 ----•----------------------------------------------•--...------------.....-------------------•-••-•..................................................... 0 Description of Soil-------------------- ---------------------------------------------------•--------------------------------------------------------------------------------------......... x U -••--------------------•--•--------•----------•-------•-•--------•••------•---------..........•-•-•-----•---------------------•-•-----••------•••-----•-•-------------------------------•------ ------ W - -------------- ---------------------•-------•-•----------------•----•••-•--....-•-•--•---•------------•----••.....-.--�--�--------------------------------------------- ---------j U Nature of Repair or Alterations—A sw when applicable_ bit+.?-�l_. f!_6_4F- �t ------------- g S P� CJc1 Ioo' r _..4!�.s� nA_Gt __t-mac�cir+.Qc.� ---------------------------------- Agreement: U The undersigned agrees to install the afor edescribed Individual Sewage Disposal System in accordance with the provisions of T i='LE 5 of the State Sanitary Code— The undersigned further agrees not to place the system in operation until a Certificate of Compliance has been issued b the y of health. / sJ � 4`.gZSigned. .. 0 ��'----•---••--•--------•- ----- Application APP ., -- --._. - roved B - --- Date Application Disapproved for the f ollowi g reasons-------------•------------------------------------------•----••-----------------------••••-•-••-•-----.......---- ------•---------•----------------------•--•---------•-------------•----•---------•---•-•--•---......-•---••----•...-••--•••-----•••-----•••------•-•---------•----•----•-----•---------•--•--------.... Date PermitNo......................................................... Issued....................................................... Date THE COMMONWEALTH OF MASSACHUSETTS f M" BOARD OF•-}-HEALTH 1ccrr►sahp............... �..�4?!f1. ..........OF...... .................................... ...... - C�rr�if ir�t#r laf �rr�t�ii��rr THIS�S�TOkCRTIFY, That the Individual Sewage Disposal System constructed ( ) or Repaired (*A) by ...._.. ............................................•---•-•-------------......---------....------•-•--- � Installerat-•••--" - ---• _---�provisions has been installed in accordance with thf Ti HI j of e State Sanitary Code as described in the application for Disposal Works Construction Permit No------ '__RY........... dated.... ... . .._ __-_-_•--------- THE ISSUANCE OF THIS CERTIFICATE SHALL NOT BE CONSTRUE® AS A GUARANTEE THAT YHE SYSTEM WILL FUNCTION SATISFACTORY. DATE................................................................................ Inspector.................................................................................. NO--------------------- ' r FEs..�''............... THE COMMONWEALTH OF MASSACHUSETTS BOARrD� OF HEALTH rx. OF 1'At.rt,�`'.,�..r............... t......._......_...._..... ---------- '...-... - Appliration for Dh4p as al Works C>zoniftratrtiun' rrutit Application is hereby made for a Permit to Construct ( - ) or Repair O an Individual Sewage Disposal System at• ....__ - ...............___________--------------------- =`.--..__•-_____=_-____._______-—--� =,- ------ �•�}} Location-Address f' j 1 or Lot No. ... rP.t �"o,�:enafvt tm she �.SnY11� 7 Owner l J ,.- Address;l pp W `� �f!^a G l�1 flx1 r.r.; to jr If, ftr,t.q(.r ...................--------------•---._.....•------•-•---•••------•----•••-••......_...--_.. ... --•-----•------------------------------------------------------------ --------- - --• ----•------------ Installer Address G' d Type of Building Size Lot............................Sq. feet U Dwelling—No. of Bedrooms.........................t..................Expansion Attic ( ) Garbage Grinder ( ) A4 Other—Type of Building _____________•_-___________ No. of persons..._'�:....._______..._...._. Showers ( ) — Cafeteria ( ) a' Other fixtures __________________________________ ..............gallons per person per day. Total daily flow...................•.Design Flow------------------------------ g P P P Y• Y ........................gallons. W - WSeptic Tank—Liquid*capacity............gallons Length................ Width................ Diameter................ Depth................ x Disposal Trench—No..................... Width.................... Total Length..................... Total leaching area....................sq. ft. Seepage Pit No--------------------- Diameter.................... Depth below inlet.................... Total leaching area..................sq. ft. Z Other Distribution box ( ) Dosing tank ( ) Percolation Test Results Performed by........................................................................... Date........................................ 14 Test Pit No. 1---------_......minutes per inch Depth of Test Pit.................... Depth to ground water_.___ _-____----_. Li, Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth to ground water................._...... a -----------•----------------•••---•-••••--••-••-----•••--•-••---•---................---...-•--------.....---------•---------•------•-•-........__............ 0 Description of Soil........................................................................................................................................................................ x U •••••-••-•----•----•-••-•••-•---•----••------•-------•-----•••---••••---•-----------•----......-••-•--•---------------•---.........-•••--••-••-•----••----------------•-•----•-----••---•--.........--•- W ••--•-------- -------------------------------------------------------------------------•--------------------•-- «; -•............................................................'---------------- U Nature of Repairs or Alterations—Answer when applicable.-�t! �,�£_Q___ Q _rt_�_�'_.f' :r7G ir,7 �l'.y 12_64 - ! f ,�, ! ; r71rr•.fr r�t :r.lS?P! i - � C�Qt IC'G��, �ifG+ nr re' tr1 ' GS7� �5a t- trfr_C1A _•`-•-------•---•----------•-•-•-••-•............................ Agreement: The undersigned agrees to install the aforedescribed Individual.Sewage Disposal System in accordance with the provisions of TAT'.." 5 Of the State Sanitary Code— The undersigned further agrees not to place the system in operation until a Certincate of Compliance has been issued by the board of health. Signed..........^f=-- ` `�: _.`.._........;--.1�► - ----`��-i'.. • �� ----,...... Application Approved By..... _ ._. �e �- .... Date Application Disapproved for the f ollowa g reasons--------------------------------------------------------•----•----•--•----------------------------------•--••--- ........--•---------------------------------•-------•----•--•--------------------•--•----...--------...---•----....._......••-•--••---••-------•------•---••---•--••-•-•-••......-----•---•----•-------- Date PermitNo......................................................... Issued....................................................... Date Mom=" r THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH E 'c,lu� OF.. rft. suir��r. .......................................... ................................................................................... Trrtifirate of TompliFattrr THIS IS TO RTIFY, That the Individual Sewage Disposal System constructed (<. ) or Repaired t - bY............. c_c�...;._._ :�:ti::—Y ..-- ---`•----=----•--- --....----•------•---.....--•-----•-•-----•--•--------•-----•---------------------------•-----....--•--------- C ` Installer has been instailed in accordance with thid provisions of T IL T'IE 7 Of e State Sanitary Code as described in the application for Disposal Works Construction Permit No.__.. _ --� ------------ dated.... ----------------- THE ISSUANCE OF THIS CERTIFICATE SHALL NOT BE CONSTRUE® AS A GUARANTEE THAT YHE SYSTEM WILL FUNCTION SATISFACTORY. �,,4 DATE................................................................................ Inspector.................................................................................... Cl THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH .�1 ....................OF..7r:•. ...... fxf�,,r Y , ................. .................._..............__.................................... �...�.._, N0........................ FEE ...................... Disposal ,Works Tonstrurtion rrattit Permission is hereby grante ! `== = <:< •--•--•••.......................................•---•-•••-•-•.............•-•..............._.... to Construct ( ) or Repai ) a Individual '.wage Disposal' System/'� �1�•y}- r atNo.._.a*0.....__��C�,r _�T.............. �t,' . .................... •-----............................. -------- as shown on the application for Disposal Works Const>� ction PermittNo�l A)_ Dated... _ -----. *............ 1*`h(r-._ ... -------------------•-----•----- DATE------... J ..........................•............................ Board of Health FORM 1255 HOBBS & WARREN, INC., PUBLISHERS r May 21, 1987 v . It ''Richard G�ohen littorney at Law Chart House Village 11 . North.Street i.yannis, Ma"A2601 ° L �R ,1ien min-P r; ; 340 + -,. 1,_. _ � ; • ,- . e. 1a e y North S4Feet, Hyanhis; Ma. a, Mr� Cohen „ .R6.ceipt of your:.letter.dated,14ay,:13, 067,16 a'cknowled' 1 reiterate that three .years /is more than dough time 'to;upgrade .Che on=site" sewage system•.at 340.North Street,' Hyannis; �ta:` 'We, have been.''e t ernely patlent•and more,tlian cooperative in helping Itr 'ferry soive his,prQblem You are teminded that Keay 26 '1987,:;:1s the 1Ma} compiience ¢aye fQr'thie upgrading. _We-have. heaifa'al'sturbing rumors.;.that,,.gour_ cite'nt"intends.-.to close' 'Tano.rama for tbo_"summer because:nd.`one .goes 1.,tb .a'sun=tanning:establishment in the,qumrier and.Adlay the.upgrading otice-more: r: :please, be advised hot'this action is not:considered.satisfaerory by us.,:' Ve '.have been-more "than:generous .in the-`granting. of .variances in order that;' . .;,.,your ,client' can.-continue,.ks gperai16h. ..we: also ex•pecr '-your`ct)pperation is _pgradtng within the°required time span,,.,. -Ver. '`tzifly urs, , _Chst=man Board`,bf Health Town'of Barnstable r Copyao:.Town Counsel i Benjan m Perry f fGicU��� may, LC�S Uvfi df Q��GGy r BRAUNSTEIN. COHEN AND HERMAN ATTORNEYS AT LAW 2W WINTER STREET HYANNIS. MASSACHUSETIM 02601 ROBERT D. BRAUNSTEIN- _ AREA CODE 017 RICHARD J.COHEN 771-6400 BERNARD H. HERMAN May 21, 1987 Ms. Ann Jane Eshbaugh Acting Chairman Board of Health Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: Benjamin Perry, 340 North Street, Hyannis, Mass. Dear Ms. Eshbaugh: Again reporting on the progress of this matter, as promised, if the owner finds it impossible to complete the work requested in time to comply with his anticipated completion, he will voluntarily revert the property to a lower ratio of use by actually closing himself the second story, and will proceed with the work of excavation, etc., while the upstairs remains closed. It is unfortunate that the original misunderstanding occurred whereby the earlier construction went ahead with an approval that was questionable under a new administration, but our business, that is, the business of all of us in the Town, is to live and work together, and Butch wants to operate, as you do, with maximum utility and minimum fuss. The digging will likely commence by mid June, after permitting of the installation process. Please feel free to call if there are any questions. V ry my yours, Richard J. Cohen RJC/cas cc: Mr. Benjamin Perry. April 22, 1987 Mr. Richard J. Cohen Attorney at Law Chart House Village 11 North Street " Hyannis, Ma. 02601 REFERENCE: Benjamin" Perry, 340 North Street, Hyannis, Mass. Request for an extension of time. Dear Mr. Cohen: On behalf of your client, Benjamin Perry, you are granted an extension of - time to expire May 26, 1987 to upgrade your inadequate onsite disposal system. Our recent order dated April 10, 1987, explains the conditions imposed in the granting of these variances. The Board has acted in good faith since June 1984, when Mr. Perry and his attorney, Mr. Braunstein, agreed to upgrade the septic system at the 340 North Street Complex, as a condition of approval of a building permit. Three years is more than enough time to address the problem. Please be advised that this is the final extension of time. Failure to comply will result in appropriate legal action. Very truly yours, Ann Jae shbaugh Acting airman Board o lealth Town of Barnstable cc: Mr. Perry Town Counsel Selectmen April 22, 1987 • s Mr. Richaid J. Cohen Attorney at Law Chart House'Viliage 11 North Street Hyannis, Ma. 02601 REVERENCE: Benjamin Perry, 340' North Street, Hyannis, Mass. Request for'an extension of time. Dear Air. Cohen: On behalf of your client, Benjamin Perry, 'you are granted an extension of time to expire May 26,1987 to upgrade your inadequate onsite disposal system. Our recent order dated April 10, 1987,. ekplains the conditions ,Imposed -in the granting of these variances: The Board has acted In good faith since June '1984, when iir. Perry and his attorney, Air. Braunstein, agreq'd to upgrade the septic system at the 340 North Street Complex, as a condition of approval of a building permit. Three years is more than enough .time to address the problem. Please be advised that this is the final extension of time. Failure to comply will result in appropriate legal action. Very truly yours, Ann Jae shbatigh Actin$ airman Board o ealth Town of Barnstable cc: Mr. Perry . Town Counsel Selectmen BRAUNSTEIN, COHEN AND HERMAN ATTORNEYS AT LAW 290 WINTER STREET HYANNIS, MASSACHUSETTS 02601 ROBERT D. BRAUNSTE.IN AREA CODE.617 RICHARD J.COHEN - 771-6400 BERNARD H. HERMAN May 21, 1997 Ms. Ann Jane Eshbaugh Acting Chairman Board of Health Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: Benjamin Perry, 340 North Street, Hyannis, Mass. Dear Ms. Eshbaugh: Again reporting on the progress of this matter, as promised, if the owner finds it impossible to complete the work requested in time to comply with his anticipated completion, he will voluntarily revert the property to a lower ratio of use by actually closing himself the second story, and will proceed with the work of excavation, etc., while the upstairs remains closed. It is unfortunate that the original misunderstanding occurred whereby the earlier construction went ahead with an approval that was questionable under a new administration, but our business, that is, the business of all of us in the Town, is to live and work together, and Butch wants to operate, as you do, with maximum utility and minimum fuss. The digging will likely commence by mid June, after permitting of the installation process: Please feel free to call if there are any questions. V ry my yours, Richard J. Cohen RJC/cas cc: Mr. Benjamin Perry. BRAUNSTEIN, COHEN AND HERMAN ATTORNEYS AT LAW 90 WINTER STREET HYANNIS. MASSACHUSETTS 02601 j ROBERT D.BRAUNSTEIN AREA CODE 617 RICHARD J.COHEN 771-6400 BERNARD H.HERMAN May 13, 1987 Ms. Ann Jane Eshbaugh Acting Chairman Board of Health Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: Benjamin Perry, 340 North Street, Hyannis, Mass. Dear Ms. Eshbaugh: Supplementing my letter to the Board of Health dated April 15, 1987, Mr. Perry has made significant progress toward upgrading the onsite sewage disposal system at 340 North Street. As you may be aware, plans had been prepared and approved; thereafter, the project was submitted to three prominent contractors for the purpose of obtaining bids and commitments to complete the work expeditiously. The contractors involved are: Da Luzes Cesspool Service, PMC Development Corp., and Canco Plumbing & Septic Service. Unfortunately, due to the recent severe, rainy weather conditions there has been an unforeseen delay in meeting your deadline. Mr. Perry assures me, however, that he, is doing everything humanly possible to accelerate the process. Zeo , char RJC/cas • r r r , April 10, 1987 Mr. Benjamin Perry 340,North Street Hyannis,,Ma 02601 Dear Mr. Perryr You' are,granted a variance from Regulation 15.03 (6), 15.03 (7), (1), (2) and 15.14 (2) and (3) of Title 5 of the State Environmental Code 310 CMR 15.00. The variance granted will allow you to upgrade an inadequate onsite sewage disposal system located at 340 North Street, Hyannis, Mass. The variances granted are: (1) The bottori of .the leaching trenches will be 2.2 Ft. from ground water in lieu of the required 4Ft. (2) The spacing between trenches will,'ise`, ',3,1 Ft., rather than,.the required 4 Ft. (3) The leaching area will be 1 Foot front the property line in lieu of file requited 10 Feet. The following conditions must be met: (1) The designing engineer must. be onsite and supervise Construction of the system and, certify in writing to the Board, that his design has been strictly adhered to. (2) The up-graded system must be installed by May 8, 1987, This variance, is granted because the designing engineer stated rat our Board Meeting, April 7, 1987, that this design will provide a far superior system and, afford the environment a much greater degree of protection than the existing. system. This upgrading•'his been delayed for almost three (3) years after you were granted a Building Permit, based on your attorney's assurance that you would in fact, upgrade your onsite sewage disposal system. You are directed to have the approved system installed by May 8, 1987. Failure to do so, ,will result in legal action with a passible fine of up to $500.00. Each day's failure,to comply with on order constitutes a separate offense. Ve tr yours, R rt L. Childs cc: Atty. Richard Cohen Ch irman Board of Health. Town of Barnstable r v DATE D �_ :! FEE Q OFTHEt `` TOWN OF BARNSTABLE e �^ OFFICE OF $a$=s T AM L r BOARD OF HEALTH y � °° s639 `dam 367 MAIN STREET �o WAY►•. HYANNIS, MASS. 02601 ' VARIANCE REQUEST FORM All variance -requests must be submitted five (5) days prior to the scheduled Board of Health meeting. NAME OF APPLICANT BE-W PE RZY TELEPHONE NO. 77 1 `10184 ADDRESS OF APPLICANT 3�F0 N 2T N HYAN N I$ mA NAME OF OWNER OF PROPERTY LOCATION OF REQUEST VARIANCE IFROM REGULATION. (List regulation) 7 17LE _E VARIANCE REQUESTED (Specific request) 14.Z 4j TO 62OUNJ WATEQ (VIAK..=, I A') I-t •3 ; SPAGIMG BET%,efti4 Trzemc kes (yA�e. 9, C.EA G H AUA TO MOe. U N C (V A P2. REASON FOR VARIANCE (May attach letter if more space needed) GMSTW6 SU(LOW OGGu Pi eS MOST OF THE LOT . Lf AVW& M W I MCI,L. AR—EA 1 .0C T jL—E SZ t5GPT1C- SYS-TEM. U PLANS - Two copies of plan must be submitted clearly outlining variance requested. VARIANCE APPROVED NOT APPROVED 1 REASON FOR DISAPPROVAL. Roert L. Childs, ChairmaTl b I Ann Jane Eshbaugh H. F. Inge, M. D. uneun nr WrAT Tu WyTc 4 Assessgf's map and lot number '.................................. dew'a/g�' T MEe Permit number .ti !✓...rt���l.T!c'�.................. . 7 5. ,ri E c�isx��ti� roe' House number 41""e., Basa9TanLE, Y .............................�......... rae a 1639. \00 TOWN OF fiARN§fABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO ... ........`l.......... °r ............................................................. TYPE OF CONSTRUCTION c<JI,7'/1� L �c f .................................................................. ................................................19.......... . TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according t the following information: Location ............� .1.....:!.�.��(.`.1.......... X .5 �........... ............................................................................. �},LCProposed Use .............../ � ..... ....... .... ........................................ ................................... / ......................... Zoning District ...........u ��. . :�............. ...................................Fire District ....... J ���{7 •- ' Name of Owner .�!:!.... /V.l......�£.l`��y.......................Address n .........�...... .......... '.............. . y�?............ v�.� /' f Name of Builder ....................................................................Address ............. .....................:.... Nameof Architect ...................... ....................................Address .................................................................................... 4 .......................................................Foundation 6 C-) 4 - -- Number of Rooms } ..... ........... Exierior ..........VV C3U !_� T-ltrgtJ S (1CC 0 �.. ...............................:.............7...............Roofing 5��// ! ............................. .. Floors / q/ P C 1 ���i"���� Interior ..............c. ..... �........................... ........... ..................................... Neaten /'./...../�</L `'l ��J �--- n s ..................................Plumbing ... .......... O/x .1 Fireplace Approximd;te Cost ........ .............,c...:.�'�:. Definitive Plan Approved by Planning Board -----------_----__-___- - 19 ---- • Area �i..(�..... :.�..... Diagram of Lot and Building with Dimensions Fee ...........v ..'..C. :........�. .. SUBJECT TO APPROVAL OF BOARD OF HEALTH c&7 OCCUPANCY PERMITS'"REQUIRED FOR NEW DW INGS I hereb agree to conform to 011"le Rules and Regulatio of the Town of Barnstable regarding the above constru \ j Name Construction Supervisor's License .L:-'.,->.y,.. TOWN OF BARNSTABLE LOCATION ��� l SEWAGE # I VILLAGE ASSESSOR'S MAP & LOT,'3o,3 - do 9 I i INSTALLER'S NAME PHONE NO. A & B CANCO 775-6264 SEPTIC TANK CAPACITY d d d LEACHING FACILITY:(type)(f,- e/2 e'`j 25 91-1`hl4size) NO. OF BEDROOMS PRIVATE WELL OR PUB LC WATER i BUILDER OR OWNER i DATE PERMIT ISSUED: DATE COMPLIANCE ISSUED: VARIANCE GRANTED: Yes No 7 i ..... ........... . ' 1 BRAUNSTEIN AND COHEN ATMRNEYS AT LAW 35 WINTER STREET • H - ROBERT D.BRAUNSTEIN YANNIS, MASS. 02601 RICHARD J.COHEN JOHN C.STEPHENSON April 15. 1987 BERNARD H.HERMAN AREA CODE 617 Robert L. Childs, Chairman 771_6400 Board of Health Town of Barnstable Hyannis, MA O2601 Re: Benjamin Perry, 340 North Street Dear Mr. Childs: I have your letter dated April 10, 1987 to Mr. Benjamin Perry advising variance for his new installation was recently approved after eaamin' his ne him that a �g w plan. A final installation date of May 8, 1987 is extremely close, regardless of controversy began. The issues that arose were legitimate and the time this conflict by giving him time to come up with an alternative. The tme period you sideavoided needless to solicit bids on the now-approved plan and then commence and him yq the job. � and then finish Would you please extend the period by 30 days. Mr. Perry realizes expand the system he and the Town will have to confront the issue which tboth shat it ides cannot deferred, of whether the present is or Is not unlawful. In ides have empowered to have already decided that his current systems is e Unlawful awyouful lone are not subjects him to fines of any kind; there .was and is a legitimate question aboutand therefore waived, and an impressment of fines without final judicial approval would it; it was not opposed, be vigorously Mr. Perry agreed to design an upgrade of the system and he has done X04111 flow measurement shows his system to be inadequate, he understands hi If a current obligation to close down the second floor, if necessary, but such s Immediate made, and so a threat of fine is even more so out of order. I be.a finding has never been Years. there have been no actual records of failure at this believe that over the last two has decided to s location. Notwithstanding, proceed with withstand' the work. Why make it more difficult? �� Butch Please confirm the extension while Butch obtains bids to do t summer moratorium delays the work until September, he work before the Very tru ours RJC:Ig Ric hen cc: Town Counsel, Selectmen, Mr. Benjamin Perry f BRAUNSTEIN AND COHEN ATTORNEYS AT LAW ` 35 WINTER STREET HYANNIS, MASS. 02601 ROBERT D.BRAUNSTEIN RICHARD J.COHEN April 15. 1987 JOHN C.STEPHENSON AREA CODE 617 BERNARD H.HERMAN 771_6400 Robert L. Childs, Chairman` Board of Health Town of Barnstable Hyannis, MA 02601 Re: Benjamin Perry, 340 North Street Dear Mr. Childs: I have your letter dated April 10, 1987 to Mr. Benjamin Perry advising him that a variance for his new installation was recently approved after examining his new plan. A final installation date of May 8, 1987 is extremely close, regardless of the time this controversy began. The issues that arose were legitimate and both sides avoided needless conflict by giving him time to come up with an alternative. The time period you gave him it simply too short to solicit bids on the now-approved plan and then commence and then finish the job. Would you please extend the period by 30 days. Mr. Perry realizes that if he cannot expand the system he and the Town will have to confront the issue which both sides have deferred, of whether the present is or is not unlawful. In this regard, you alone are not empowered to have already decided that his current system is unlawful and therefore subjects him to fines of any kind; there was and is a legitimate question about it; it was not waived, and an impressment of fines without final judicial approval would be vigorously opposed. Mr. Perry agreed to design an upgrade of the system and he has done so. If a current actual flow measurement shows his system to be inadequate, he understands his immediate obligation to close down the second floor, if necessary, but such a finding has never been made, and so a threat of fine is even more so out of order. I believe that over the last two years, there have been no actual records of failure_at this location. Notwithstanding, Butch has decided to proceed with the work. Why make it more difficult? Please confirm the extension while Butch obtains bids to do the work before the summer moratorium delays the work until September. Very tru ours Ric hen RJC:lg cc: Town Counsel, Selectmen, Mr. Benjamin Perry yof1NEro� TOWN OF BARNSTABLE OFFICE OF BARNSTABLE, MASS. BOARD OF HEALTH 1639 \e�0 Y k' 367 MAIN STREET �Y HYANNIS, MASS. 02601 February 2, 1987 Mr. Arnie Ojala Down Cape Engineering Piccadilly Square 926 Main Street Yarmouth, MA. 02675 Dear Mr. Ojala: About three months ago you called me on the pretense of discuss- ing the upgrading of the on-site sewage disposal system at Benjamin Perry III's complex at 341 North Street, Hyannis. You assured me you would prepare the engineering plans for the upgrading expediti- ously. In addition I talked to your employee Mr. Tom McLellan well over a month ago regarding this matter. We have not received any engineering plans to date. I am disappointed at your response to a concern of the Board of Health. ti Please give me a time table as to when you will have the plans completed and when the upgrading will commence. Very truly yours, J�hn M. Kelly Hirector of Publ��is Health JMK/ka f i Y� 362-4541 926 main street rt 6A yarmouthport mass. 02675 down cope en fineering civil engineers& land surveyors structural design Arne H.Ojala P.E.,R.L.S. land court Richard R.Fairbank P.E. surveys October 30, 1986 site planning sewage system To Whom it May Concern: designs Please be advised that on October 30, 1986, Down Cape Engineering inspections- has been retained by Conco Plumbing and Heating to prepare a septic upgrade plan for the existing building #34 North Street - permits Hyannis, MA (Perry's Barber Shop). Our time estimate to complete this work is approximately 2 months. Thank your for your attention. Sincerely, Thomas J. McLellan Down Cape Engineering 711 L/(gip Th rri., TJM/tld t x +M AM AM AFL%a 350 Main St. • W. Yarmouth, MA 02673 9775-6264 Division o/Canco Energy Corporation Septic Services • Pumping • Installation October 9, 1986 Mr. John Kelly Barnstable Board of Health Town Hall Hyannis, MA 02601 Dear Sir: This letter is to inform you that our office is in receipt of contract .from Mr. Benjamin Perry for the drawing of engineered plans of a new septic system at his place of business, Perry's Barber Shop at 340 North Street, Hyannis. I Sincerely Scott Cannon, President September 17, 1986 Mr. Richard Cohen Attorney At Law 35 Winter Street Hyannis, MA. 02601 Dear Mr. Cohen: We have not heard from you since April 7, 1986 regarding the sewage system at the Golden Touch Tanning Salon, 34l North Street, Hyannis. Your letter dated April 7, 1986 stated that you were taking immediate corrective action, however as of this date it appears that nothing has been accomplished., We wrote you on June 20, 1986 but did not receive an answer. We received a telephone call today from the engineer evidently hired by.you to prepare on-site sewage disposal plans. He stated that he returned the retainer fee and was no longer working on the job because of problems with your client. We again request that you give us a firm date as,to when your client will upgrade the on-site sewage disposal system to meet Title 5'of the State Environmental Code and the Town of Barnstable Health Regulations as agreed to by you and your client or connect to the public sewer. Ve tr y urs, be L. Chi Chairman BOARD OF HEALTH TOWN OF BARNSTABLE RLC/ka Copy: Town Counsel June 20, 1986 Mr. Richard J. Cohen Attorney at Law 35 Winter Street Hyannis, MA.. 02601 Dear Mr. Cohen: Your letter dated April 7, 19861' indicated that the Golden Touch Suntanning Parlor and other businesses of Mr. Benjamin Perry at 341• North Street, Hyannis, would be connecting to Town sewer by raid-June. Mr. Clifford. DaLuz, a licensed disposal work's installer has informed us that this was not feasible. tWe have been extremely patient with you and your client; however, we do expect you to follow through and honor,your commitment. Please give us a firm date as to when.the on-site sewage disposal system will be upgraded to meet Title 5, of the State Environmental Code, and the •Town of Barnstable Health_ Regulations"as agreed to by you .and your client. Ver ruly yours, o s hairman BOARD OF HEALTH TOWN OF BARNSTABLE JMK/mm cca The Golden Touch a BRAUNSTEIN and COHEN Attorneys at Law 35 Winter Street Hyannis,Massachusetts 02601 Robert D. Braunstein Telephone (617) Richard J. Cohen 771-6400 Bernard Herman April 7, 1986 Mr. Robert L. Childs Ms. Ann. Jane Eshbaugh Dr. Grover C. M. r^arrish Town of Barnstable Board of Health 367 Main Street Hyannis, MA 02601 Re: The Golden Touch 341 North Street, Hyannis Dear Sirs and Madam: Thank you for your report dated April 3, 1986 . We have met with the Town ' s sewage control and planning office, and Mr. Perry is undertaking immediately to connect with Town sewer. My client will instruct the engineer to make all plans and work available to you on an ongoing basis. The work ought to be able to be completed by mid-June. I am relieved that the ultimate corrective action here can be accomplished in an atmosphere of cooperation; obviously Mr. Perry, who operates cleanly and safely wants to continue doing so in this fashion, and is prepared to con- form appropriately. Very tru yours, Richard J.. Cohen RJC/koc cc: K. N. Srinivasa, P.E. Client April 3, 1986 Mr. Richard J. Cohen Attorney at Law 35 Winter Street Hyannis, MA. 02601 Re: The Golder) Touch, 341 North Street, Hyannis Dear Mr. Cohen: Please submit engineering plans upgrading...the on-site sewage disposal system to conform to Title • 5, of the State Environmental Code, and the Town of Barnstable Health" Regulations on-property ;owned by your client, Benjamin Perry at 341 North Street, Hyannis, by May 16, 1986. After Board of liealth approval of your engineering plans you are granted additional time to expire June 17; 1986,.:. to complete this upgrading. Mr: Williaw J1. Fardie, your +engineer, perfcarmetc percolation tests an this property on March t9, 1986, th jt were w irnesse4`by our Iiealrb Inspector Thbrias ZicKean. Mr. Fardie reports that the site Is unsuitable for subsurr`ace sewage due to the water table. Groundwater was observed at 44 inches. Title. 5, of - the State Environmental,Code,, requires,tour (4) feet of natural pervious.material beneath . the bottom of the leaching facility. ' r An alternative,to upgrading the septic system would he connecting to Town sewer. You are,reminded that tilt. Perry wasp allowed to construct a second story level with the condition he upgrade his on-site sewage'disposal system. Mr. Perry agreed to this condition and we have ,a letter signed by, your partner, fir. Braunstein, stating the septic system would be upgraded. Please inforvi us of•your intentions. Very t y 7 Ro rr L. Child4;`Chairman Ann Jail sh `� over C.M. Fattish, M. D. BOARD OF HEALTH '1 TOWN OF BAINSTABLE ces The Golden 'touch 'Ibwn Counsel February 6, 1986 Mr. Richard J. Cohen a Braunstein and Cohen Attorney at Law 35 Winter Street Hyannis, MA. 02601 Re: The Golden Touch, Hyannis Dear Mr. Cohen: We received letters from you, dated January 6,` January' 29, 1980, that appear to be identical. I wrote.you,on January 26, 1980,'and advised that your soil engineers had not contacted this office for an appointment to observe soil observation pits and percolation tests. Please Have your engineers.contact ogr.health.inspectors for an appointment. Evety day our health inspector schedules and observes percolation tests and soil examinations. He averages three or four a, day. We have been extremely patient.,in, awaiting the promised engineering report .and feet that you should make.arrang6ments to expedite the engineering report. Vey rul ours, Ii obert L. Childs "Chairman BOARD OF HEALTH TOWN OF BARN.STABLB JMK/mm cc: Town Counsel .APPLICATION FOR PERCOLATION TEST AND OBSERVATION PITS iii`'"`' ,OCATION ?)L+ NO. ' 'J"7 'ice' PILLAGE A-(AO P 1 _ DATE �4 I .?,, ,PPLICkNT .i�c� to %LA"I FEE 1 (Non-'refundable) sDDRESS 73L�( y.}0 ' !ZIT TELEPHONE NO.'"?7(-(09C ;NG,INEER _TELEPHONE NO: 1 )ATE ;SCHEDULED ( f �(z3 [qU (ApMicant' s' signaiurEU . . . . • . . • • . . . • • • • • • • O • O O O • • • • • • • • • • • • • • • • • •.• O O O • • • • •• O • O • O • • • • • • • . • • • • • SE ASSSOR'S MAP St LOT SOIL LOG UB-DIVISION NAME ?/- DATE • 3.- / q- 9/o TIME XPANSION AREA YES ✓ NO /&' /-/ ENGINEER ): OWN 'WATER PRIVATE WELL 4,L---4 BOARD OF HEALTH 14 1. / Y/LL C EXCAVATOR KETCH: (Street name,etc. ,dimensions of lot, exact location of test holes and percolation tests, locate wetlands in proximity to test holes) NOTES ,' / s t ,h 3,5g7 Sn '7 0• r NB� ERCOLATION RATE: Z J`%''� �7� C / EST HOLE NO: / ELEVATION: TEST HOLE NO: _ 2- ELEVATION: 2 �yEfv,3 6 6 _.. 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 UITABLE FOR SUB-SURFACE SEWAGE: LEACHING FIELD;;44,,LEACHING PITS LEACHING TRENCHES. NSUITABLE FOR SUB-SURFACE SEWAGE. REASONS: 1 cc by 1r �r OTE: ENGINEERING PLANS MUST SHOW NUMBER ASSIGNED ON P-ERC TEST APPLICATION ORIGINAL: COMPLETED IN ENTIRETY BY P. E. AND RETURNED TO BOARD OF HEALTH COPY: - RETAINED BY APPLICANT APPLICATION-- FOR PERCOLATION'TEST AND OBSERVATION PITS NO. )CATION �L{'( RTC S[ -LLI�GE AlP ti P I G _ DATE )PLIdhNT rZc"Q-TAM t0 FEE )DRESS 3(�( padj� !9:T TELEPHONE NO."77(-(093 (Non-refundable) JG INEER - t-5v-,o E'Ally _TELEPHONE NO. ,TE ;SCHEDULED Lq (Applicant s signafurEU . . . . . . . . . . . . . . . . . . . . . . . . . . . . . O . . . . . . . . . . . . . . . 4SSESSOR'S MAP � LOT NO: �o�_273-i SOIL LOG JB-DIVISION NAME ?1-4A/ DATE 3- 1 ?- 94, TIME CPANSION AREA: YES ✓ NO _/2'�= /-/, /i��� �� ENGINEER :11- )WN -WATER V/PRIVATE WELL Al BOARD OF HEALTH EXCAVATOR :ETCH: (Street name,etc.. ,dimensions of lot, exact location of test holes and percolation tests, locate wetlands in proximity to test holes) NOTES: ; 7 V �+ 3,A. 7 si= ti _ 5& N zf e ERCOLATION RATE: EST HOLE NO: / ELEVATION: TEST HOLE NO: �/- ELEVATION: 3 3 , 5 /�/�=�>. - Cov�zs/ S�a...� 5 / i=J. -�vvIsi� S':o•�•� 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 UITABLE FOR SUB-SURFACE SEWAGE: .' LEACHING FIELD LEACHING PITS LEACHING TRENCHES, NSUITABLE FOR SUB-SURFACE SEWAGE. REASONS: Lavv kV4r -7'7S, OT�E: ENGINEERING PLANS MUST SHOW NUMBER ASSIGNED ON PERC TEST APPLICATION RIGINP#L: COMPLETED IN ENTIRETY BY P. E. AND RETURNED TO BOARD OF HEALTH OPY: - RETAINED BY APPLICANT I BRAUNSTEIN and COHEN Attorneys at Law • 35 Winter Street Hyannis,Massachusetts 02601 Robert D. Braunstein Telephone (617) Richard J. Cohen 771-6400 Bernard Herman January 29 , 1986 Mr. Robert L. Childs , Chairman Board of Health 367 Main Street Hyannis , MA 02601 Re : The Golden Touch, Hyannis Gentlemen: Please be advised that per our meeting, we are awaiting the scheduling of a full percolation and engineering testing of the soil in order to provide you with the .requested report as to water flow/capacity in the area. The soil engineers indicate the weather may prove too cold to evaluate properly. Please be patient. �TVer uIy yours , RICHA D J. COHEN BRAUNSTEIN & COHEN RJC/ep cc : Client January 22,' 1986 Mr. Richard J. Cohen Attorney at Law . 35 Winter Street Hyannis, MA. 02601 Re: The Golden Touch, 341 North Street,Hyannis Dear Mr...Cohen: Your letter of January .6, 1986, regarding The Golden Touch. tanning salon Is acknowledged. ' Please be advised that .the soil engineers you mention in your letter have not contacted this office for an appointment to observe the percolation and soil testing. We have .been extremely patient in this matter to date and anticipate your full cooperation: Very truly yours, /bbrt C. Milds Chairman BOARD OFHEALTH TOWN OF BARNSTABLB JMK/mm cc: The Golden',Touch . I � r BRAUNSTEIN and COHEN Attorneys at Law ! 35 Winter Street Hyannis,Massachusetts 02601 Robert D. Braunstein Telephone (617) Richard J. Cohen 771-6400 Bernard Herman January 6, 1986 Mr. Robert L. Childs Chairman Board of Health 367 Main Street Hyannis, MA 02601 Re: The Golden Touch, Hyannis Dear Mr. Childs: Please be advised that per our meeting, we are awaiting the scheduling of a full percolation and engineering testing of the soil in order to provide you with the requested report as to water flow/capacity in the area. The soil engineers indicate the weather may prove too cold to evaluate properly. Please be patient. Very tr y yours, R and J. Cohen RJC/koc cc: Client December 5, 1985 Mr. Richard J. Cohen Attorney at Law Chart House Village 11 North Street Hyannis, MA. 02601 Dear Mr. Cohen: Thank you`for meeting with us briefly on December 3, 1985, to discuss Mr._Benjamin Perry's on-site,sewage disposal system at 341 North Street, Hyannis. You agreed to have a - professional "engineer evaluate Mr. Perry's on-site sewage disposal system to determine if it'complies with Title 5, of the State Environmental Code, and the,Town of Barnstable Health Regulations. The Board agreed -to give you an additional thirty (30) days to have this evaluation .performed.. Enclosed are the copies from Mr. Perry's file that you requested. . Please call if you have any questions. Ve truly yours, Robert Childs Chairman BOARD OF HEALTH TOWN OF BARNSTABLE JMK/mm' cc: Town Counsel t BRAUNSTEIN AND COHEN ATTORNEYS AT LAW 35 WINTER STREET HYANNIS,MASS.02601 ROBERT D.BRAUNSTEIN AREA CODE 617 RICHARD J.COHEN 771-6400 JOHN C.STEPHENSON BERNARD H.HERMAN June 7, 1984 Town of Barnstable Department of Public Health Town Hall Hyannis, MA 02601 Re: Benjamin Perry III Please take note that this office," represents Benjamin Perry III, owner of the premises at 34d North Street, Hyannis, Massachusetts. f As you may be aware, he is in the process Of completing a second story level to his existing building at that location, and .conditional upon such construction, you can be assured that he will comply with all existing state and' local rule / and regulations . Also, he intends to upgrade;ethe ,sewer,rtsys em to particularly conform to the requirements of the Boardfof Health of the Town of Barnstable. If I can be of any further assistance, please do not hesitate to contact me. ' t V y 1 EST s, RIOBERT BE N RDB/dm L .. Kr A*'" ~ — J ...... "# r'?' ap and lot number ........... ........... ........ Tpc"k. THE �< _ -�y- ti�s� ���.�.��,• ru °` TOE` wage Permit number .New.... �ill.T./.�'Sc...................c s •�r,F �is �i� d'" �� A101- 31ADd9TOHL • House number .......................S.,V-f ..•... .......... I.W.."l w of /3.q•�.�r �� rb d Q� r/rL �(•GL ' f1al� �� iTtiLi /Qut�t� � �OYPY 6` TOWN OF. fiARNSTABLE BUILDING " INSPECTOR APPLICATION FOR PERMIT TO ...... . ..... ........................ . ............. TYPEOF CONSTRUCTION ......:................................................5f........................................................................... I ................................................19........ I TO THE INSPECTOR OF- BUILDINGS: The undersigned hereby applies for a p rmit .according tp the following information: Location J N is Proposed Use /".'!'.F '�"' Zoning District Fire District .......tiCJ.......... ....... . .... ... .. .. ..... .. . ... .......................Address � ...... Q�TTf f�N�l Nameof Owner ................................ .... .. .......... ... ....................... . . .. ............... CAN T '�2 / .Address Name of Builder ............ .......... . ........................ Nameof Architect ..................................................................Address ..................................................................................... Number of Rooms .........4.........................................................Foundation ....... ...........�-z-�.................................... WOO 1)L ��C�O Roofing Exterior ............................................................................,..... g ...................................................................................... Floors p .Interior �K/�'�� T Heating / ' '" <� ..................Plumbing / Q/.� �7J ...................... ;.................. f�-..................... Fireplace ..................................-.............................................Approximate Cost ....... �..!�vv..................:............. Definitive Plan Approved by Planning Board ---------- ____. Area .......................................... Diagram of Lot and Building with Dimensions Fee ... ......................................... SUBJECT TO APPROVAL OF BOARD OF HEALTH _ �C2 _ i i � r • 4 OCCUPANCY PERMITS Yt QUIRED FOR NEW D INGS I hereb agree to conform to a the Rules and Regulatio of the Town of Barnstable regarding the above c nstru ' Name .......................... ................................................. Construction Supervisor's License .................................... BRAUNSTEIN AND COHEN ATTORNEYS AT LAW ` 35 WINTER STREET HYANNIS.MASS.02601 ROBERT D.BRAUNSTEIN AREA CODE 617 RICHARD J.COHEN 771-6400 JOHN C.STEPHENSON BERNARD H.HERMAN June 7, 1984 ,Town of Barnstable Department of Public Health Town Hall i Hyannis, MA 02601 i Re: Benjamin Perry III f Please take note that this office represents Benjamin Perry III, owner of the premises at 341 North Street, Hyannis, Massachusetts. As you may be aware, he is in the process of completing a second story level to his existing building. at that location, and conditional upon such construction, you can be assured that he will comply with all existing state and local rules and regulations . Also, he intends to upgrade the sewer system to particularly conform to the requirements of the Board of Health of the Town of Barnstable. If I can be of any further assistance, please do not hesitate to contact me. i Very r l�. y urs, 1 ROBERT D. BRAUNSTEIN i RDB/dm 1 I i I BRAUNSTEIN AND COHEN ATTORNEYS AT LAW 35 WINTER STREET HYANNIS.MASS.02601 ROBERT D.BRAUNSTEIN AREA CODE 617 RICHARD J.COHEN 771-6400 JOHN C.STEPHENSON BERNARD H.HERMAN November 25, 1985 Health Department Town of Barnstable Hyannis, MA 02601 Well water at 340 North Street, Hyannis Gentlemen: A hearing is,scheduled for December 3, 1985 on two (2) matters having to do with the above premises. Both issues, i.e., adequacy of the present septic system and permit for a ,juice dispenser, relate to the sufficiency of the present septic system to absorb the premises' currently generated effluent. Accordingly, where the actual precipitate, coliform and other measurements of the existing well field will provide a direct index to current water quality, you are hereby requested to promptly take a sample of the well water at the premises, and to have that report provided toi the parties as soon as possible. The owners will have their own.private sample taken by a qualified sampler, but that result would not be made available as quickly as the Town's.. Any fees will be i paid by the owner,, of course. The results of this inquiry are in addition" to the data being obtained relating to pumping at the site, capacity of the soil, etc. In this last regard, a soil percolation test is also being obtained, likely not available by December 3rd. I assume you are as interested as the owner in determining the actual as opposed to the claimed effectiveness of the property to operate a septic system, and I expect that you will support whatever time requirements are necessary to get at the facts. For the recod, this property has never been the subject of any complaints regarding effluent, storage capacity of the installed system or effect on water purity. V ruly yours, idcis rd J. Cohen cc: client Town Counsel Office of Selectmen. BRAUNSTEIN AND COHEN t ATTORNEYS AT LAW 35 WINTER STREET HYANNIS,MASS.02601 ROBERT D.BRAUNSTEIN AREA CODE 617 RICHARD J.COHEN 771-6400 JOHN C.STEPHENSON BERNARD H.HERMAN November 25, 1985 Health Department Town of Barnstable Hyannis, MA 02601 Well water at 340 North Street, Hyannis Gentlemen: A hearing is scheduled for December 3, 1985 on two (2) matters having to do with the above premises. Both issues, i.e., adequacy of the present septic system and permit for a juice dispenser, relate to the sufficiency of the present septic system to absorb the premises' currently generated effluent. Accordingly, where the actual precipitate, coliform and other measurements of the existing well field will provide a direct index to current water quality, you are hereby requested to promptly take a sample of the well water at the premises, and to have that report provided toi the parties as soon as possible. The owners will have their own private sample taken by a qualified sampler, but that result would not be made available as quickly as the Town's.. Any fees will be paid by the owner, of course. The results of this inquiry are in addition to the data being obtained relating to pumping at the site, capacity of the soil, etc. In this last regard, a soil percolation test is also being obtained, likely not available by December 3rd. I assume you are as interested as the owner in determining the actual as opposed to the claimed effectiveness of the property to operate a septic system, and I expect that you will support whatever time requirements are necessary to get at the facts. For the recod, this property has never been the subject of any complaints regarding effluent, storage capacity of the installed system or effect on water purity. I ruly yours, c rd J. Cohen cc: client Town Counsel Office of Selectmen r BRAUNSTEIN AND COHEN ATTORNEYS AT LAW 35 WINTER STREET HYANNIS,MASS.02601 ROBERT D.BRAUNSTEIN AREA CODE 617 RICHARD J.COHEN 771-6400 JOHN C.STEPHENSON BERNARD H.HERMAN November 25, 1985 Health Department Town of Barnstable Hyannis, MA 02601 Well water at 340 North Street, Hyannis Gentlemen: A hearing is.scheduled for December 3, 1985 on two (2) matters having to do with the above premises. Both issues, i.e., adequacy of the present septic system and permit for a juice dispenser, relate to the sufficiency of the present septic system to absorb the premises' currently generated effluent. Accordingly, where the actual precipitate, coliform and other measurements of the existing well field will provide a direct index to current water quality, you are hereby requested to promptly take a sample of the well { water at the premises, and to have that report provided toi the parties as soon as possible. The owners will have their own.private sample taken by a qualified sampler, but that result would not be made available as quickly as the Town's.. Any fees will be paid by the owner, of course. The results of this inquiry are in addition to the data being obtained relating to pumping at the site, capacity of the soil, etc. In this last regard, a soil percolation test is also being obtained, likely not available by December 3rd. I assume you are as interested as the owner in determining the actual as opposed to the claimed effectiveness of the property to operate a septic system, and I expect that you will support whatever time requirements are necessary to get at the facts. For the recod, this property has never been the subject of any complaints regarding effluent, storage capacity of the installed system or effect on water purity. V ruly yours, 14cis rd J. Cohen cc: client Town Counsel Office of Selectmen I i BRAUNSTEIN AND COHEN ATTORNEYS AT LAW 35 WINTER STREET HYANNIS,MASS.02601 ROBERT D.BRAUNSTEIN AREA CODE 617 RICHARD J.COHEN 771-6400 JOHN C.STEPHENSON BERNARD H.HERMAN November 25, 1985 Health Department Town of Barnstable I Hyannis, MA 02601 Well water at 340 North Street, Hyannis I Gentlemen: A hearing is.scheduled for December 3, 1985 on two (2) matters having to do with ' the above premises. Both. issues, i.e,, adequacy of the present septic system and permit for a juice dispenser, relate to the sufficiency of the present septic system to absorb the premises' currently generated effluent. Accordingly, where the actual precipitate, coliform and other measurements of the existing well field will provide a direct index to current water quality, you are hereby requested to promptly take a sample of the well water at the premises, and to have that report provided toi the parties as soon as possible. The owners will have their own.private sample taken by a qualified sampler, but that result would not be made available as quickly as the Town's.. Any fees will be paid by the owner, of course. The results of this inquiry are in addition to the data being obtained relating to pumping at the site, capacity of the soil, etc. In this last regard, a soil percolation test is also being obtained, likely not available by December 3rd. I assume you are as interested as the owner in determining the actual as opposed to the claimed effectiveness of the property to operate a septic system, and I expect that you will support whatever time requirements are necessary to get at the facts. For the recod, this property has never been the subject of any complaints regarding effluent, storage capacity of the installed system or effect on water purity. V ruly yours, i4cis rd J. Cohen cc: client Town Counsel Office of Selectmen L - - i - Berame effective October 18; 1982 , after publication in the Cape Cod Times �.tHE 'TOWN OF BARNSTABLE OFFICE OF e BARNSTABLE, o MASS. BOARD OF HEALTH ifi of �q. ��+°j a�O 39. 367 MAIN STREET HYANNIS, MASS. 02601 LEGAL NOTICE UPGRADING OF SUBSTANDARD ONSITE SEWAGE DISPOSAL SYSTEMS PURPOSE : The possible contamination of the sole source aquifer by substandard onsite sewage disposal systems presents a serious threat to drinking water affecting public health: This possible contamination also poses a threat to areas designated as wetlands affecting the environ- ment and public health. This regulation is adopted pursuant to the power of the Board of Health conferred by Chapter 111 , section 31 , of the General Laws: All septic systems shall consist of a,. septic tank discharging its effluent to a suitable subsurface sewage disposal area. Systems consisting of one cesspool shall be upgraded to conform to 310 CMR 15.00, the State- Environmental Code, Title 5 , Mini- mum Requirements for the Subsurface Disposal of Sanitary Sewage and the Town of Barnstable Health Regulations. Systems consisting of two or more cesspools must be upgraded to conform to 310 CMR 15.00 , the State En- vironmental Code, Title 5, Minimum Requirements for the Subsurface Disposal of Sanitary Sewage and the Town of Barnstable Health Regulations unless the Board of Health, or its agents, determine that the system is not contributing to pollution of the ground water or areas designated as wetlands. This regulation takes effect on the date following publication. R,bert L• Childs, Chairman Ai [ , VEU AS TO FORM: i r _Cr_ Ann Jane! Eshbau�h —�.- • Town Counsel . { L l ( Hutchins F. Inge, M. D. BOARD OF HEALTH TOWN OF BARNSTABLE 1 . 40 105 CMR: DEPARTMENT OF PUBLIC HEALTH 590.051: continued Department, the Commissioner or his authorized representative - determines that compliance with these regulations has not been of C effected, he shall, in writing, notify the appropriate health of such determination, allotting a reasonable time in which compliance shall be effected, and requesting that the board of in writing, notify the he Commissioner of what action will be and has been taken, to effect compliance with these regulations. (2) If the Commissioner is not'so notified, or if after notification he determines that action sufficient to effect compliance with the provisions of these regulations has not been taken, the board of health shall be deerqed to have failed to effect compliance with these regulations. (3) Whenever any board of health has failed after a reasonable length of time to enforce these regulations, the Department may enforce these regulations in any way that a local board of health is authorized to act to effect compliance. (4) Notwithstanding any other provision of these regulations, If the Department determines that an imminent health hazardous sts resulting from the operation of a food establishment it may prior notice to, the board of health take whatever action is neces- sary to effect compliance with these regulations. (D) Inter relation of Re ulations. The Director may from time to time sue w in ritten terpretations and guidelines as necessary to pro- mote uniform application of these regulations. Upon the written re- quest of a board of health or permit holder, the Director may investi- gate and/or advise on particular questions regarding interpretations of these regulations. 590.052: Permit: Issuance Permit Re uired- to operate. (1 No person s a operate a food establishment unless he e holder of a valid permit granted to him by the board of health. In addition, the operator of each mobile food unit or pushcart shall obtain a permit to operate from the board of health in whose juris- diction he sells his product. a Derson who complies with the requirements of th regulations sha (3) The permit shall be posted on the premises of the food estab- lishment. (4) A permit shall not be transferable from a person or a place. (B) Application for Permit. (1) Any person esiring to operate a food establishment shall make d of written andli anon for aapproved b permitthe onDepartment.af rm provided d application atio the n�shall include: (a) The applicant's name; the owner's name if different from the applicant; the applicant's post office address; whether such applicant is an individual, partnership, or corporation, and, if a partnership or corporation, the names of the partners or corpo- rate officers together with their home addresses, state of incor- poration, and name and address of local agent; (b) The e o e f d establishment ent (i and ation of the proposed food service establishment; establish- ment or retail food store) (d) The type of permit (i.e. annual, seasonal or temporary); (e) The signature of the applicant or applicants; and (f) Any other information required by applicable law. ermits shall (2) Applications for mobile food unit or pushcart p include a list of the handwash and toilet facilities available on each route. 1 � 105 CMR: DEPARTMENT OF PUBLIC HEALTH 590.001: continued dM (9) Department means the ,Massachusetts Department of Public Health.. (10) Director means the Director of the Division of Food and Drugs. (11) Easily cleanable means that surfaces are readily accessible and made of such materials and finish and so fabricated that residue may be effectively removed by normal cleansing methods. (12) Employee means the permit holder, individual having super- visory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement, or any other person working in a food establishment. (13) Equipment means items, other than utensils, used in the storage, preparation, display, and transportation of food s-1ch as stoves, ovens, hoods, slicers, grinders, mixers, scales, cutting blocks, tables, food shelving, reach-in refrigerators and freezers, sinks, ice makers, dishwashers, steam tables, and similar items used in the operation of a food establishment. This item does not Include fork lift trucks or dollies. (14) Food means all articles whether simple, mixed or compound, used TUi food or drink, confectionery or condiment, by man or animal. (15) Food-contact surfaces means those surfaces of equipment and utensils with -WERN-710-0-F normally comes in contact, and those surfaces from which food may drain, drip, or splash back ono surfaces normally in contact with food. (16) Food establishment means any food service establishment or retail tood, store. (17) service establishment means any place food is epare and intended or individual portion service, and inc the site at which individual portions are provided. The term in- cludes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term includes, but is not limited to, delicatessens that offer prepared food in individual service portions and caterer- ing operations. The term does not include residential kitchens (except as provided in 105 CMR 590.028), retail food stores, or supply vehicles. (18) Hermetically sealed container means a container desi Intended to be secure against tKe cy of—mieroo anisms and to maintain—the—eenirrier—cf-al sterility of its contents after processing, (19) Imminent health hazard includes but is not limited to (1] an extended loss o water supply, (2] an extended power outage, (3] sewer back-up into the establishment, or (41 any other violation that has the potential to pose an imminent threat to public health. Failure to include other violations in this definition shall not be construed as a determination that other violations may not, in light of the circumstances, be found to pose an imminent health hazard. (20) Law Includes applicable federal, state and local statutes, ordinances, and regulations. (21) Misbranded food means the definition in M.G.L. c. 94, s. 187. (22) Mobile food unit means a vehicle-mounted food establishment designed to be rea i y movable. (23) Operation means, when the context so permits, the entire food establishment or any area, section, department, unit or com- ponent thereof. (24) Packaged means bottled, canned, cartoned, or securely wrapped (25) Permit means the document issued by the Board of Health which autRorizes a person to operate a food establishment. (26) Person includes any individual, partnership, corporation, associ non, or other legal entity. (27) Person in charge means the individual present in a food Pstab- lishment w o is the apparent supervisor of. the food establishment at the time of Inspection. it T 6 6 T�ia. fGi�r r G s /_STC W�F-NgEg,seComplete items 1,2,3 and 4. o Put your Wdress in the"RETURN TO"space on the B reverse side.Fai4'ars to do this,'pill prevent this card from being ret6 tied to you.The return receipt fee will provide you the riama of the person delivered to and the date of ' delivery.For additional fees the following services are c' available.Consult postmaster for fees and check box(es) C for service(s)requested. to 1. XX>W'how to whom,sate ana aaaress of aeirvery 2. ❑ Restricted Delivery V 3 Article Addressed to: Mr. Benjamin Perry 341 North Street HYANNIS MA 02601 4 Type of Service: Article Number ❑ Registered ❑ Insured 92 Certified ❑ COD P 522 444 190 ❑ Express Mail Always obtain signature of addressee.Qr_agen DATE DE 5 Si a e ddre»ee 333 x y 6. Signature—Agent X 7. Date of Delivery 6 z S. Addressee s A dr (ONLY f requeste a ee pq m m 0 im V UNITED STATES POSTAL SERVICE ORRpAL BUSINI ss SENDER INSMICTIONS rrlM your name,address,and ZIP Code in the !P Coa hems 1.Z 8,and 4 on the reverse. e A aft to back of perrnhs, PENALTY FOR PRIVATE e Endorse i do's"Rstam Receipt Requested" adlacm to number. RETURN BOARD OF HEALTH - TOWN OF BARNSTABLE TO P. O. Box 534 (Name of Sender) . ; I _ I (No.and Street,Apt.,Suite,P.O.Box or R.D.No.) HYANNIS MA 02601 0534 ; ' (City,State,and ZIP Code) t P 522 444 .190 REC,EI'RT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL 4 (See Reverse) sent to Mr. Benjamin Perry C6 q Street and No. cb In C . P.O.,State and ZIP Code O d c7 Postage $ th * Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered N Return receipt showing to whom, 00 of Date,and Address of Delivery T o TOTAL Postage and Fees $ 1.67 U. c Postmark or Date E mailed 11/5/85 0 a a . STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CkRTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front) 1. IJ,yuu want this receipt postmarked.stick the gummed stub on the left portion of the address side of the article 1eavir4g t,fe receipt attached and present the article at a post office service window or hand it to your rural carrier. (no exisa charge) ?.,it you do not want this receipt postmarked,stick the gummed stub on the left portion of the address side of the 'article.date,detach and retain the receipt,and mail the article. 3. If you want a return receipt,write the certified mail number and your name and address on a return receipt card, .Form 3811,and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix ! to back of article. Endorse front of artile RETURN RECEIPT REQUESTED adjacent to the number. 4.-If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.it return receipt is re- quested.check the applicable blocks in item 1 of Form 3811. 6.Save this receipt and present it if you make inquiry. 1 7 f MA November 5, 1985 Mr. Benjarain Perry 341 North Street Hyannis, MA. 02601 NOTICE TO ABATE VIOLATIONS OF 105 CMR 590.000, STATE SANITARY CODE, CHAPTER X, MINIMUM SANITATION STANDARDS FOR FOOD ESTABLISHMENTS, AND 310 CMR 15.009 THE STATE ENVIRONMENTAL CODE, TITLE 5, MINIMUM REQUIREMENTS FOR THE SURSURFACE DISPOSAL OF SANITARY SEWAGE The property owned by you, located at 341 North Street, Hyannis, was inspected by Terrance Knowles, Health Inspector for the Town of Barnstable, on October 31, 1985. The following violations of 105 CMR 590.000, State Sanitary Code, Chapter X, Minimum Sanitation Standards for Food Service Establishments, were observed: REGULATION 590.052(A): Juice bar in operation without a valid food service permit. REGULATION 590.016: The onsite sewage disposal system does not meet the requirements of 310 Cb11R 15.00, the State Environmental Code, Title 5, Minimum Requirements for the Subsurface Disposal of Sanitary Sewage,and the Town of Barnstable Health Regulations. You were granted a building permit June 7, 1984, contingent on upgrading your septic system to meet 310 CMR 15.00, the State Environmental Code, Title 5, Minimum Requirements for the Subsurface Disposal of Sanitary Sewage. You agreed to this condition at this time. We also received a letter, signed by Robert D, Braustein,.your attorney, dated June 7, 1984, assuring us that you would upgrade your on-site septic system. You are directed to cease and desist the illegal food service operation immediately. You are further directed to hire a professional engineer to design an 'on-site sewage disposal system that meets the requirements of the State Environmental Code, Title 5, Minimum Requirements for- the Subsurface Disposal of Sanitary Sewage within.ten (10) days of receipt of this notice. Engineering plans for this upgrading must be submitted .to the Board of Health for approval within thirty days. You are further directed to complete construction of the on-site sewage disposal system by January 1, 1986. You are reminded-that you have not been granted an occupancy permit for your addition. You may request a hearing before the Board of Health if written petition requesting same is received within seven (7) days of receipt of this order. Mr. Benjamin Perry` November 5, 1985 Page 2 Non-compliance Could result in a fine of up to $500. Each separate day's failure to comply with an order shall constitute,a separate violation. PER ORDER OF.THE BOARD OF HEALTH John-M, Kelly Director-of Public Health JMK/mm cc: Building inspector November 15, 1985 Mr. Robert B. Our Robert B. Our Company Great Western Road North Harwich, MA. Dear Mr. Our: I have been informed by Attorney Richard,Cohen, representing Mr. Benjamin Perry, that you will,be retained to .evaluate the onsite sewage disposal system at Mr,. Perry's'cgmplex at 341-342 North Street, Hyannis. This evaluation should include' the sewage flow estimates as listed in Regulation 310 CMR 15.00, Title 5, of the State Environmental Code, the size.of the septic tank and leaching field, the depth to ground water from the bottom of the leaching facility. The evaluation should include "certification -that', the' onsite sewage disposal -systems conform to the requirements of Title 5, of the State Environmental Code,- and the Town of Barnstable Health Regulations. Very truly yours; John M. Kelly Director of Public Health JMK/mm cc: Attorney Richard Cohen. . , November 19, 1985 Mr. Richard J. Cohen Attorney at Law 35 Winter Street Hyannis, MA. 02601 Re: -Mr. Benjamin Perry= 341 North Street premises Dear Mr. Cohen: The hearing, you requested in.your letter dated November 18, 1985,-has been scheduled for 5 P.M. on December 3, 1985, the next scheduled Board of Health meeting, in• the Board of Health office, third floor, New Town Hall, 367 Main Street, Hyannis. Very truly yours, R hart i.. Childs Chairman BOARD OF HEALTH TOWN,OF BARNSTABLB RLC/mm CC: Board of Selectmen Town Counsel BRAUNSTEIN AND COHEN ATTORNEYS AT LAW 35 WINTER STREET HYANNIS,MASS.02601 ROBERT D.BRAUNSTEIN AREA CODE 617 RICHARD J.COHEN 771-6400 JOHN C.STEPHENSON BERNARD H.HERMAN November 18, 1985 Board of Health Town of Barnstable Town Hall Hyannis,MA 02601 Re:Mr. Benjamin Perry 31 North Street premises Reference is made to your notice dated November 5, 1985 directed to our client Mr. Benjamin Perry. 1. SEWAGE DISPOSAL. SYSTEM Your have made a principal claim that the onsite sewage disposal system at his premises do not meet the requirements of,310 CMR 15.00,and that they therefore constitute a violation of Town of Barnstable Health Regulations. You have notified him that you intend to compel a redesign and installation of a new septic system, and that he faces fines of"...up to $500" per day for "...non- compliance." You are referred to a meeting on Thursday of this past week between the undersigned and you as Health Department director whereby it was agreed to extend the process of investigation and request period for hearing for an additional 10 days in order to gather information to compare factually your departm�nt's conte-ltions about the adequacy of the sewage disposal system. with what is or can be known of the installed system. The burden is clearly on your office to demonstrate that this.historically proper operating system is defective. For reasons unspecified, you have decided to lean particularly hard on this individual, citing a "sanitary" violation which to date, is groundless in fact. I note you are also making demands upon the installers,requiring "certified" statements as to depth,extent, capacity, etc. You know perfectly well that records for nstallations from years past are generally not maintained to this kind of accuracy, and that the single, isolated employees will be intimidated by demands for sworn statements. JEII OUE.ST FOR A HEARING A hearing before the Board of Health is hereby requested. At that time, we jr..sist that you demonstrate the evidence for your claim that a situation of non-compliance exists. As far as is now known by the owner regarding original installation, vault capacity,constituency of the leaching field, pumping frequency,volume of effluent pumped, affect on adjoining systems, there is no tangible indication of failure. If you have evidence to the contrary,you must produce the same. Repeated requests to your office by the owner for production by you of evidentiary findings or of written reports of personal observation by an inspector as to some manifest defect have produced nothing. It appears that you simply have no proper grounds at all for the very serious threats you make in your letter of November 5th and are doing your level best to scare off the honest support for the installation as it exists. This is an abuse of authority and renders you and the Town exposed to action in the court. t . Log Number: Bottle # Date: �AOF BA BARNSTABLE COUNTY HEALTH AND ENVIRONMENTAL DEPARTMENT a 7 b SUPERIOR COURT HOUSE V BARNSTABLE, MASSACHUSETTS 02630 4 ASO DRINKING WATER LABORATORY ANALYSIS PHONE:.362-251 33 • EXT. 991 Client: Beni Perry Collector:' Terrance Knowiles Mailing Address: 34,1 o zo 1)'c Affiliation: Hyc-inni s, 1"A `02-60 . Time°&• Date of Collection: 12,/3/3; 10:0- a.ig Telephone: Type of Supply: Sample Location: 3146� North St. "Well Depth: - vje11 i•ya:Pnis, M4 Date of Analysis: L2;3i85 11 :50 a.r,!, ' PARAMETER SAMPLE RESULT RECOMMENDED LIMITS Total Coliform Bacteria/100 ml + 0 I H S.I Conductivity (micromhos/cm , s 500.0 Iron m) 0.3 i Nitrate-Nitro en m : .7 10.0 I Sodium m) �`:'a ..; 20.0 i I , Wator sample meets the recommended limits for drinking of all above tested parameters. II . " Based only-oh results of the parameters tested for this sample, the water is suitable for drinking but may present the problems checked below: A. Water sample has higher than average levels of Nitrate. Future monitoring is recommended (2-3 times per year) to establish any upward trends. B. The low pH of the water may shorten the useful life of the house's plumbing. C. " Water may present aesthetic problems (taste, odor, staining) due to D. Water sample has high levels of sodium. Persons on low sodium diets should consult their doctor. III. Due to one or more of the reasons checked below, this water sample is unfit for human consumption: A. High Bacteria B•. High Nitrates REMARKS: CC: Laboratory. Director 1 /7/85 8HD 134 Log Number: Bottle # BHD 111 - Date: December 4, 1985 sAQ,�,�A BARNSTABLE COUNTY HEALTH AND ENVIRONMENTAL DEPARTMENT SUPERIOR COURT HOUSE v BARNSTABLE. MASSACHUSETTS 02630 o • Asg DRINKING WATER LABORATORY ANALYSIS PHONE: 362_2511 EXT. 331 Client: Benj. Perry Collector: Terrance Knowles Mailing Address: 340 IruMn St. Affiliation: " H.yanni s. MA 02601 Time'& Date of 'k Collection:- 10:30 a.m. Telephone: Type of Supply: Sample Location: 34U North St. Well Depth: . well Hyann1s, .MA Date"of Analysis: 12/3;/85 11:50 a.m. PARAMETER SAMPLE RESULT RECOMMENDED LIMITS Total Coliform Bacteria/100 ml 0 0 H 5.1 Conductivity (micromhos/cm) 260.0 500.0 Iron m) 1.9 0.3 Nitrate-Nitro en ( m) 3.7 10.0 Sodium ( m) 39.6 20.0 I . Water sample meets the recommended limits for drinking of all above tested parameters. II . Based only on results of the parameters tested for this sample, the water is suitable for drinking but may present the problems checked below: A. Water sample has higher than average levels of Nitrate. Future monitoring is recommended (2-3 times per year) to establish any upward trends. B. The low pH of the water may shorten the useful life of the house's plumbing. C. X Water may present aesthetic problems (taste, odor, staining) due to iron D. X Water sample has high levels of sodium. Persons on low sodium diets should consult their doctor. III. Due to one or more of the reasons checked below, this water sample is unfit for human consumption: A. High Bacteria B. High Nitrates REMARKS: CC: Barnstable Board of Health F�c Laboratory Director 1 /7185 Explanation of Test Results - Total.Coliform.Bacteria Coliform bacteria are an indicator of the sanitary quality of a water supply. Water supplies may become contaminated from malfunctioning septic systems, cesspools and surface runoff. A total coliform count of zero indicates that your water supply is safe and approved for human consumption. A total coliform count of greater than zero is most often the result of accidental contamination of the sample bottle through improper sampling methods. For this reason, it would be advisable to retest any well water that is not approved. pH pH is the measure of acidity or alkalinityof the water.On the pH scale,the number 7 is neutral,less than 7 is acidic and more than 7 is alkaline. The pH of water on Cape Cod tends to be acidic in the range of 5.0 to 6.5. Conductivity Conductivity is a measure of the dissolved salts in solution.Amounts in excess of 500 micromhos/cm are generally considered unacceptable and may have a laxative effect upon users. Iron The presence of iron in water in concentration of .3 ppm or greater may: give the water a bittersweet astringent taste,cause an unpleasant odor, often gives the water a brownish color and cause staining of laundry and porcelain. The average concentration of iron in Cape Cod's water is .2 - .6 ppm. Although the presence of iron in water may cause the problems listed above, it is not considered deleterious to health. Iron may be removed by use of an iron removal system. Nitrate-nitrogen The Massachusetts Drinking Water Regulations have set a maximum contaminant level for nitrates at 10 ppm. Excessive concentrations may cause methemoglobineniia (an infant disease) and have been suggested to form potentially carcinogenic nitrosamines. Contamination sources include fertilizers, cesspools and industrial wastes. Copper Due to the acidic nature of the water on Cape Cod, copper tends to leach from pipes. This normally does not present a health hazard; however, concentrations in excess of 1.0 ppm may cause a metallic taste and/or a bluish-green stain on porcelain fixtures. Sodium A concentration of sodium over 20 ppm is only of concern to people who are on a low sodium diet. If the water supply has more than 20 ppm sodium,it is up to the people who are on such a diet to find another source of drinking water or contact their doctor to determine if consuming the water is advisable. Concentrations exceeding 50 ppm indicate that there may be ocean water or road salt runoff water getting into the well. L ' BRAUNSTEIN AND COHEN ATTORNEYS AT LAW 35 WINTER STREET HYANNIS,MASS.02601 ROBERT D.BRAUNSTEIN AREA CODE 617 RICHARD J.COHEN 771-6400 JOHN C.STEPHENSON --. - BERNARD H.HERMAN November 18, 1985 Board of Health Town of Barnstable Town Hall Hyannis,MA 02601 Re:Mr. Benjamin Perry 344 RTn.fh ,Cit,•P.P4 rr�msrr-� Gentlemen: Reference is made to your notice dated November 5, 1985 directed to our client Mr. Benjai-i;i Perry. 1. SFwAGE DISP .8A , SYSIRM Your have made a principal claim that the onsite sewage disposal system at his premises do not meet the requirements of 310 CMR 15.00,and that they therefore constitute a violation of Town of Barnstable Health Regulations. You have notified him that you intend to compel a redesign and installation of a new septic system;and that he faces fines of"...up to $500" per day for "...non- compliance." You are referred to a meeting on Thursday of this past week between the undersigned And you. as Health Department director whereby it was agreed to extend the process of investigation and request period for hearing for an additional 10 days in order to gather information to cornr)are factually your department's contentions about the adequacy of the sewage disposal system.. with what is or can be known of the installed system. The burden is clearly on your office to demonstrate that this historically proper operating system is defective. For rC asons unspecified, you have decided to lean particularly hard on this individual, citing a"sanitary" violation which to date, is groundless in fact. I note you are also making demands upon the installers,requiring"certified" statements as to depth,extent, capacity, etc. You know perfectly well that records for nstallations from years past are generally not maintained to this kind of accuracy, and that the single, isolated ernployees will be intimidated by demands for sworn statements. �IUEST FOR A HEARINJ A hearing before the Board of Health is hereby requested. At that tinie, we_ny i t that you demonstrate the evidence for your claim that a situation of non-corrlpl.iance; exists. As far as is now known by the owner regarding original installation,vault capacity,constituency of the leaching field, pumping frequency,volume of effluent pumped, affect on adjoining systems, there is no tangible indication of failure. If you have evidence to the contrary,you must produce the same. Repeated.requests to your office by the owner for production by you of evidentiary findings or of written reports of personal observation by an inspector as to some manifest defect have produced nothing. It appears that you simply have no proper grounds at all for the very serious threats you make in your letter of November 5th and are doing your level best to scare off the honest support for the installation as it exists. This is an abuse of authority and render s ry©ur�and:theJo�!'exposed to action in the court �J! i d NOV �, 8, 198L BRAUNSTEIN AND COHEN ?. .JUICE BAR IN OPERATION In our view, to gain leverage in the highly dubious challenge of Mr. Perry's septic system,you have simultaneously filed another questionable determination that a"food service" violation exists in The Golden Touch, with.respect to a stand-alone juice dispenser which sits alone on a table, meticulously maintained,and unconnected to any sink or drain. Such dispensers,just-like stand-alone coffee centers,hot and cold water coolers and similar isolated fluid dispensers found in,virtually every office and commercial establishment in the Town,are traditionally and obviously exempt from the regulation you cite. Worse, you regard the honest and obvious questioning of your inquiries into Mr. Perry's septic system to be a personal challenge, because you personally told my client's employee last week that "...just because" Mr. Perry and his lawyer were challenging your authority to declare the septic system defective,you would not issue a permit for the juice dispenser. We regard any permit as unnnecessary under the cited regulation. fir.Perry.made application at your original request because it seemed politic to assuage your bureaucracy.We recognize now that your request for him to apply was merely a hook, by which to demonstrate authority. Particularly as you intend to effectively keep my client on the cusp of being placed out of ti business by threatening not to give him the occupancy permit after some two years of operation,your actions, beginning right now, will be held to the strictest accountability. Therefore, a hearing is demanded before the Board of Health as to the applicability of the cited regulation to the juice unit.In the interim, customers (if they and my client determine it to be desirable) can pour their own juice from cold cans,still without charge,rather than pouring the same from a dispenser., ti My client has operated in the Town for many years;he has enjoyed good relationships with all licensing agencies because of the well-known cleanliness and efficiency of his several operations. His family and their accomplishments are well-known to the sizeable Portuguese community and they in turn, have rewarded him for his honest efforts with success. Your predecessor in the Health Department, and the individual who had personal observations of the construction of the current premises, was in a far better position than you to evaluate the adequacy of the site plans, and he . judged them to be good; yet you seek without evidence, to cast doubt upon the judgment of your predecessor. Mr.Perry is prepared to cooperate with all exercises of lawful authority,but he will not hesitate to seek from a court under the Massachusetts Civil Rights Act,your fairer treatment of him. We expect hard evidence from you before we can permit you unchallenged to injure him. Kindly direct all notices for hearing to the undersigned trul yo = ch en cc:client Selectmen Town Counsel i BOARD OF HEALTH - TOWN OF BARNSTABLE 367 Main Street - Hyannis, MA. 02601 PURPOSE Food Service Establishme�n/�///���.�/-�� Folow-up.....29 2 ■ \ Inspection Report Complaint....... 3 Investlgation ..... 4 Based on an inspection this day,the items circled below identify th Ions in Ions or facill must be corrected by Other .......... 5 the next routine inspection or such shorter period of time as may be specified in writing by t e regulatory authority. Fallure to com- ply with any time limits for corrections specified in this notice may result in cessation of your Food Service operations. OWNER NAME ESTAB iSHM�j NAME �wG�./ ADDRESS � ZIP CODE IVO EST. ESTAB.NO. ;' SANIT.CODE YR. MO'. DAY ?? TRAVEL TIME " INSPEC.TIME ''% STATE COD '?::'`::? INSP.PROCESS I.D. (1-7) 8-10 %>f 11-16 ':,17-19 0-22 r "•'23-24 <??i 5-27 WT.COL- /'� WT. COL. FOOD UWAGE ;r# Source;sound condition,no spoilage >F ; 30 Sewage and waste water disposal 4:t�*..'jj 57 Original container;properly labeled 3>r 31 PLUMBING .FOOD PROTECTION ;; installed,maintained 58 >' Potentially hazardous food meets temperature requirements :: Croas-eonnection,back siphonage,backflow 59 during storage,preparation,display,service,transportation 32 0acuitiesto maintain product temperature :: '; 33 TOILET& HANDWASHING FACILITIES Thermometers provided and conspicuous t<; 34 ?; Number,convenient,accessible,designed,installed R 60 Potentially hazardous food properly thawed ? 35 zEii Toilet rooms enclosed,self-closing doors;fixtures,good repair,clean: hand cleanser,sanitary towels/hand-drying ;l 61 Unwrapped and potentially hazardous food not re-served I ;i!: 36 :^; devices provided,proper waste receptacles Food Protection during storage,preparation,display, 37 servicetransportation GARBAGE & REFUSE DISPOSAL 38 " Containers or receptacles,covered:adequate number 62 In use,food(ice)dispensing utensils properly stored j 39i; insect/rodent proof,frequency,clean <' `: .:.... PERSONNEL Outside storage area enclosures properly constructed, _ clean;controlled incineration ?' 63 Personnel with infections restrictedi''` 40 ?? Hands washed and clean,good hygienic practices ? 41 INSECT, RODENT,ANIMAL CONTROL ., Clean clothes,hair restraints £`:?;; 42 "' Presence of insects/rodents—outer openings protected, I no birds,turtles,other animals R 64 FOOD EQUIPMENT& UTENSILS Food(ice)contact surfaces:designed,constructed,main- `>' FLOORS,WALLS& CEILINGS rained,installed,located """' Floors,constructed,drained,clean,good repair,covering ' installation,dustless cleaning methods Non-food contact surfaces: designed,constructed,main- "`"'• 9 twined,installed,located "' Walls,ceiling,attached equipment:constructed,good " 66 ''' Dishwashing facilities:designed,constructed,maintained, repair,clean,surfaces,dustless cleaning methods 4g 46 installed,located,operated Accurate thermometers,chemical test kits provided,gauae LIGHTING cock 11/4"IPS valve) "'`"" '7 Pre-flushed,scraped,soaked. X 47 ?��?S Lighting provided as required,fixtures shielded I gzl 67 ra$ Wash,rinse water:clean,proper temperature #? 48 VENTILATION Sanitization rinse:clean,temperature,concentration,ex- 49 Rooms and equipment—vented as required _ posure time;equipment,utensils sanitized <: Wiping cloths:clean,use restricted `1? 50 DRESSING ROOMS Food-Contact surfaces of equipment and utensils clean, 51 4` �* free of abrasives,detergents :a: >+1�� Rooms,area,lockers provided,located,used �';y; 69 ?2 Non-food contact surfaces of equipment and utensils clean .: ? 52 OTHER OPERATIONS Storage,handling of clean equipment/utensils ?% 53 `• * Toxic items properly stored,labeled,used ( 70 Single-service articles,storage,dispensing l ?< 64 Premises maintained free of litter,unnecessary articles, No re-use of single service articles - 55 "t'�R: cleaning maintenance equipment properly stored. Author- 3 :; 71 ized personnel WATER Complete separation from living/sleeping quarters.Laundry .. 72 Water source,safe: hot&cold under Pressure 56 ? ? Clean,soiled linen pr PerIV stored n ;`: #; 73 . `' Received by: name FOLLOW-UP RATING SCORE 75-77 ACTION Yes .......74-1 100 less weight ofFM Change ..... 78-C title a / No ....... ..: 2 Items violated.. Delete.........D Inspected by: name -- •.Critical.Items Requiring Immediate Attention. Remarks on back (80.1) FORM FDA 2420(8/80) PREVIOUS EDITION MAY BE USED USE REVERSE FOR REMARKS BOARD OF HEALTH - TOWN OF BARNSTABLE , 367 Main Street - Hyannis, MA. 02601 PURPOSE Food Service Establishment Regular ..... . 29-1 Inspection i on Report � �rr.t.dFollow-up,,,,,,, 2 p p �tv 7Complaint....... 3 investigation ..... 4 Based on an Inspection this day,the items circled below identify the a ons n o ons or facilit must bec by Other .......... 5 the next routine inspection or such shorter period of time as may be specified in writing by t e regulatory authority. Failure to com- ply with any time limits for corrections specified in this notice may result in cessation of your Food Service operations. OWNER NAME ESTABhiSHM¢/Nf-NAME /�___ ADDRESS ZIP CODE 04, EST. ESTAB.NO. SANIT.CODE :`::` YR. MO. DAY <vo:TRAVEL TIME '?'': i INSPEC.TIME ;'E STATE COD i% INSP.PROCESS .D. 0-22 1_7 t?8-10 h 11-16 / :' 17-19 �� (f!��• ( ) S ITO WT.COL. O �!n WT. COL. FOOD WAGE ;;}_ Source;sound condition,no spoilage 30 :. ? Sewage and waste water disposal E 57 Original container;properly labeled ;% ';:. 31 PLUMBING FOOD PROTECTION Installed,maintained Potentially hazardous food meets temperature requirements "'''' Cross-connection,back siphonage,backflow ; 59 during storage,preparation,display,service,transportation `' >'`: 32 ` Facilities to maintain product temperature #` 33 TOILET& HANDWASHING FACILITIES Thermometers provided and conspicuous ; f`E 34 ° Number,convenient,accessible,designed,installed 60 #`!,• Potentially hazardous food properly thawed # 35 t? Toilet rooms enclosed,self-closing doors,fixtures,good repair,clean: hand cleanser,sanitary towels/hand-drying %' E 61 Vnwrapped and potentially hazardous food not re-served ? : 36 .;?, devices provided,proper waste receptacles Food protection during storage,preparation,display, ' :" 37 service trans o ion GARBAGE & REFUSE DISPOSAL 38 Containers or receptacles,covered: adequate number 62 In use,food(ice)dispensing utensils properly stored {? 39 insect/rodent proof,frequency,clean °:' PERSONNEL Outside storage area enclosures property constructed, <::z`: clean;controlled incineration 63 P. Personnel with infections restricted ': 40 INSECT RODENT ANIMAL CONTROL ?►?# Hands washed and clean,good hygienic practices 41 r r Clean clothes,hair restraints `' 4 2 "' Presence of insects/rodents—outer openings protected, no birds,turtles,other animals °::!E::?'; 64 FOOD EQUIPMENT& UTENSILS Food(ice)contact surfaces: designed,constructed,main- FLOORS,WALLS & CEILINGS 43 tained,installed,located "` "' ^E' "'"` Floors,constructed,drained,clean,good repair,covering ?_< 65 installation,dustless cleaning methods Non-food contact surfaces: designed,constructed,main- 9 tained,installed,located Walls,ceiling,attached equipment: constructed,good Dishwashing facilities: designed,constructed,maintained, �° 46 repair,clean,surfaces,dustless cleaning methods #>?? 66 ' installed,located,operated Accurate thermometers,chemical test kits provided,gauae 46 LIGHTING >>::< cock(1/4 1PS valve) 7$. Pre-flushed,scraped,soaked. :.' 47 Lighting provided as required,fixtures shielded 3, 67 `> Wash,rinse water:clean,proper temperature *< 48 VENTILATION Sanitization rinse:clean,temperature,concentration,ex- 49 Rooms and equipment—vented as required posure time;equipment,utensils sanitized ? #. Wiping cloths: clean,use restricted 50 DRESSING ROOMS Food-Contact surfaces of equipment and utensils clean, \4 ^>:^ 51 Roams,area,lockers provided,located,used free of abrasives,detergents ? ; 69 Non-food contact surfaces of equipment and utensils cleans 52 OTHER OPERATIONS Storage,handling of clean equipmentlutensils 53 "••"• l Toxic items properly stored,labeled,used 70 k,...:.. :• .. : Single-service articles,storage,dispensing ? ;. 54 "' :: Premises maintained free of titter,unnecessary articles, No re-use of single service articles *: 55 :;41�: cleaning maintenance equipment properly stored. Author- �# 71 !zed personnel WATER Complete separation from living/sleeping quarters.Laundry.> E:`':; 72 Water source,safe: hot&cold under pressure " i 56 Clean,soiled linen properly stored <]; ' 73 .. . r,, �--`.N - Received by'. name FOLLOW-UP RATING SCORE 75-77 ACTION I fi Yes .......74-1 100 less weight of Change..... 78-C title low No .......... 2 items violated♦ Delete.........D —``�� Inspected by: name *.Critical-Items Requiring Immediate.Attention. Remarks on back(80-1) FORM FDA 2420 (8/80) PREVIOUS EDITION MAY BE USED USE REVERSE FOR REMARKS - — ITEM NO. REMARKS CORRECTED BY / r BOARD OF HEALTH - TOWN OF BARNSTABLE 367 Main.Street - Hyannis, MA. 02601 PURPOSE Food Service Establ i shm rat �. Regular ..... . Inspection Report ° �j c ! 0 s Follow-up,,,,,,.,. 2 Complaint....... 3 Investigation ..... 4 Based on an inspection this day,the items circled below Identify the violations in ope facilities which must be corrected by Other .......... 5 the next routine inspection or such shorter period of time as may be specified in writing by the regulatory authority. Failure to com- ply with any time limits for corrections specified in this notice may result in cessation of your Food Service.operations. OWNER NAME jEf=ENT�XME - ADDRESS /� f/ ZIP CODE .�1 `( / �%z l !�. J f �i /�J�✓/�� S EST. ESTAB.NO. :: SANIT.CODE YR. MO. DAY ? TRAVEL TIME ` INSPEC.TIME STATE COD > ?:. INSP.PROCESS I.D. •.:?> 1_7 t":8-10 #' 11-16 b 17-19 ? 0-22 ?%23-24 5-27 t ) 1 / WT.COL. t'1 OT WT. COL. FOOD SEWAGE Source;sound condition,no spoilage 30 Sewage and waste water disposal Original container;properly labeled ;:: ;. 31 PLUMBING FOOD PROTECTION < Installed,maintained :?.z<. 58 Potentially hazardous food meets temperature requirements Cross-connection,back siphonage,backflow 59 during storage,preparation,display,service,transportation :>:s. TOILET& HANDWASHING FACT LITI ES h 32 Facilities to maintain product temperature ;+ 33 Thermometers provided and conspicuous f`' 34 ;. `1< Number,convenient,accessible,designed,installed 60 Potentially hazardous food property thawed :`: 35 >?i' Toilet rooms enclosed,self-closing doors;fixtures,good +� repair,clean: hand cleanser,sanitary towels/hand-drying ' ? 61 Unwrapped and potentially hazardous food not re-served <. 36 devices provided,proper waste receptacles Food protection during storage,preparation,display, ,` 37 service trans o tion // GARBAGE & REFUSE DISPOSAL d rdc i= �J n D Gi , `+xE6 38 ;i::• Containers or receptacles,covered: adequate number 62 V in use,food(ice)dispensing utensils properly stored ?t 39 ` insect/rodent proof,frequency,clean < <: A .. Outside storage area enclosures properly constructed, "'"""" PERSONNEL . clean;controlled incineration :f# 63 _. Personnel with infections restricted >p°•.'. 40 Hands washed and clean,good hygienic practices ! 41 INSECT, RODENT,ANIMAL CONTROL Clean clothes,hair restraints >: 42 IN Presence of insects/rodents—outer openings protected, no birds,turtles,other animals "? ? 64 FOOD EQUIPMENT & UTENSILS 1. Food(ice)contact surfaces: designed,constructed,main- FLOORS,WALLS& CEILINGS 43 '^ tained,installed,located ` 1111"..... "s>:z Floors,constructed,drained,clean,good repair,covering `' 65 c designed,constructed main- installation,dustless cleaning methodsNon-food contact surfs es d g '44 66 tained,installed,located Walls,ceiling,attached equipment: constructed,good Dishwashing facilities:designed,constructed,maintained, " repair,clean,surfaces,dustless cleaning methods E8 <y`t : 45 installed,located,operated Accurate thermometers,chemical test kits provided,gauge `` as LIGHTING cock (1/4" 1PSvalve) Pre-flushed,scraped,soaked. 47 "' $ Lighting provided as required,fixtures shielded •L� Wash,rinse water:clean,proper temperature ,•.•`; 48 VENTILATION Sanitization rinse:clean,temperature,concentration,ex- :<.:;: 49 Rooms and equipment—vented as required 5g posure time;equipment,utensils sanitized `•.;`?y. t Wiping cloths: clean,use restricted '. 50 DRESSING ROOMS Food-Contact surfaces of equipment and utensils clean, 51 Rooms,area,lockers 69 Provided,located,used ?; free of abrasives,detergents . F Non-food contact surfaces of equipment and utensils clean 52 OTHER OPERATIONS ' Storage,handling of clean equipment utensils• " 53 ? "'•.'' Toxic items properly stored,labeled,used 70 Single-service articles,storage,dispensing_ 54 Premises maintained free of litter,unnecessary articles, No re-use of single service articles c 55 cleaning maintenance equipment properly stored. Author-': 71 ized personnel WATER •.: > Complete separation from living/sleeping quarters.Laundry. }? 72 Water source,safe: hot&cold under pressure #?44E: Clean,soiled linen properly stored ''s1> 73 Received by: name FOLLOW-UP .RATING SCORE 75-77 ACTION Yes .......74-1 100 less weight of Change..... 78-C title No .......... 2 items violated.. Delete.........D T Inspected by: name r�2 n _ c c //J r r„i .-e✓` '.Critical Items Requiring Immediate Attention. Remarks on back(80-1) FORM FDA 2420 (8/80) PREVIOUS EDITION MAY BE USED USE REVERSE FOR REMARKS l ITEM NO. REMARKS CORRECTED BY d? /J?n /.�.. 14 Jq �e, loa e7. d� dt 62 rS T' s 4ell • G� SEATING '3 ANNUAL SEASONAL TOWN OF BARNSTABLE �oF� Toy` TEMPORARY v OFFICE OF i 33A]RIFSTASL MAl�. : BOARD OF HEALTH i639' 367 MAIN STREET HYANNIS, MASS. 02601 DATE ILI APPLICATION FOR PERMIT TO OPERATE A FOOD ESTABLISHMENT FULL NAME OF APPLICANT NAME OF FOOD ESTABLISHMENT ) ADDRESS OF _FOOD ESTABLISHMENT 3 LIZ nlj,4A F- iA��l s /n/9 2jp(j 1 TEL. NO. ?7I /z TYPE OF ESTABLISHMENT: FOOD SERVICE ESTABLISHMENT: RETAIL FOOD-STORE / MOBILE FOOD UNIT SOLE OWNER: Yes J No IF APPLICANT.IS A PARTNERSHIP, FULL NAME AND HOME ADDRESS OF ALL PARTNERS: IF APPLICANT IS A CORPORATION: FEDERAL IDENTIFICATION NO. Oy STATE OF INCORPORATION (ml cN,ki'i t1 uak, In V. . FULL NAME AND HOME ADDRESS OF: PRESIDENT VINC10 0) TREASURER , ll p=ih(c rlo_ u.+a y 1-k. ` .. MA u Qj CLERK SIGNATURE OF APPLICANT HOME ADDRESS HOME TELEPHONE NO._ 2,? RESTRICTIONS: a SEATING 3 ANNUAL SEASONAL TOWN OF BARNSTABLE QOFT 'ETo��, TEMPORARY OFFICE OF asax"AaLa, _ BOARD OF HEALTH i639' �e� 367 MAIN STREET CFO Mil k' �.. HYANNIS, MASS. 02601 DATE I APPLICATION FOR PERMIT TO OPERATE A FOOD ESTABLISHMENT FULL NAME OF APPLICANT I► I� � LV� ( �.'Q \, NAME OF FOOD ESTABLISHMENT •�:jj 66(1 eIg` j (5 ioc K, l nC ADDRESS OF FOOD ESTABLISHMENT ,34/2 /UQl.��/J *jq/)/S 12)1- 021 o TEL. NO. (J/�- 72j• TYPE OF ESTABLISHMENT: FOOD SERVICE ESTABLISHMENT: RETAIL FOOD-STORE MOBILE FOOD UNIT SOLE OWNER: Yes No IF APPLICANT.IS A PARTNERSHIP, FULL NAME AND HOME ADDRESS OF ALL PARTNERS: IF APPLICANT IS A CORPORATION: FEDERAL IDENTIFICATION NO. -2� 5&NO STATE OF INCORPORATION )h& (-7a) N-n 7-ou Gk.-- r I �e FULL NAME AND HOME ADDRESS OF: PRESIDENT alniz7(e IlCfYln1 S yUJ� 02(i�01 TREASURER M � ,V 1 I %�h f(q _ Waq 41(.�l�l'1 f S In 14 12�(�0 f CLERK �T SIGNATURE OF APPLICAN 1 HOME ADDRESS C� HOME TELEPHONE NO. .RESTRICTIONS: 1. BOARD OF HEALTH - TOWN OF BARNSTABLE 367 Main Street - Hyannis, MA. 02601 PURPOSE Food Service Establishm qt, Regular ...... 29-1 �f..Jlilj. S Follow-up....... 2 Inspection Report , Complaint....... 3 Investigation ..... 4 Based on an inspection this day,the items circled below identify the violations in op rmust be corrected by Other .......... 5 the next routine inspection or such shorter period of time as may be specified in writing by the regulatory authority. Failure to com- ply with any time limits for corrections specified in this notice may result in cessation of your Food Service operations. OWNER NAME ESTABLISHMENT AME ale-)J• ADDRESS / C ZIP CODE EST. ESTAB.NO. SANIT.CODE ?: YR. MO. DAY °:TRAVEL TIME ' ::: INSPEC.TIME ' STATE COD '? ' INSP.PROCESS I.D. ::[8-10 #> 11-16 -17-19 ?> 0-22 z<#23-24 # 5-27 (1-7) 1 ♦� WT. COL. WT. COL. FOOD SEWAGE Source;sound condition,no spoilage 30 Sewage and waste water disposal Original container;properly labeled 3`i: 31 PLUMBING FOOD PROTECTION : Installed,maintained 58 Potentially hazardous food meets temperature requirements ""' Cross-connection,back siphonage,backflow 59 during storage,preparation,display,service,transportation `? # 32 Facilities to maintain product temperatures 33 TOILET& HANDWASHING FACILITIES Thermometers provided and conspicuous >#t 34 . 1 Number,convenient,accessible,designed,installed +¢% 60 •.'.lt,• Potentially hazardous food properly thawed ? 35 Toilet rooms enclosed,self-closing doors;fixtures,good n potentially hazardous food not re-served 36 �'I» repair,clean: hand cleanser,sanitary towels/hand-drying ;''fir`; 61 Unwrapped and p Y devices provided,proper waste receptacles >:' Food protection during storage,preparation,display, 37 39 service trans o tion 1 GARBAGE & REFUSE DISPOSAL Containers or receptacles,covered: adequate number in use,food(ice)di ensing utensils properly scored {_ ' insect/rodent proof,frequency,clean ' ?''`:'. 62 PERSONNEL outside storage area enclosures properly constructed, •:••: clean;controlled incineration 63 Personnel with infections restricted < 40 Hands washed and clean,good hygienic practices ' _ 41 INSECT, RODENT,ANIMAL CONTROL 'j Clean clothes,hair restraints ; ;; 42 "": Presence of insects/rodents—outer openings protected, no birds,turtles,other animals 4 64 .FOOD EQUIPMENT & UTENSILS '11 Food(ice)contact surfaces: designed,constructed,main- FLOORS,WALLS & CEILINGS tained,installed,located """ Floors,constructed,drained,clean,good repair,covering 9 9 65 Non-food contact surfaces: designed,constructed,main- installation,dustless cleaning methods 44 tained,installed,located "" Walls,ceiling,attached equipment: constructed,good " 66 :> Dishwashing facilities: designed,constructed,maintained, repair,clean,surfaces,dustless cleaning methods :? >< 45 installed,located,operated ° Accurate thermometers,chemical test kits provided,gauge `' #<: as LIGHTING cock(1/4" IPS valve) Lighting provided as required,fixtures shielded ) 67 Pre flushed,scraped,soaked. 47 ~. wash,rinse water:clean,proper temperature `:? 48 VENTILATION San(tization rinse:clean,temperature,concentration,ex- 49 Rooms and equipment—vented as required 6g posure time;equipment,utensils sanitized -y;3,g; ` Wiping cloths: clean,use restricted > 50 DRESSING ROOMS :=>> Food-Contact surfaces of equipment and utensils clean, t-tic: free of abrasives,detergents >tr 51 Rooms,area,lockers provided,located,used r 69 Non-food contact surfaces of equipment and utensils clean k 52 OTHER OPERATIONS Storage,handling of clean equipmentlutensils °3%::: 53 Toxic items properly stored,labeled,used Ei 70 Single-service articles,storage,dispensing Premises maintained free of litter,unnecessary articles, Na re use of single service articles <: 55 �' cleaning maintenance equipment properly stored. Author- 3 71 ized personnel WATER Complete separation from living/sleeping quarters.Laundry. < r 72 4 Clean,soiled linen properly stored j 73 Water source;safe: hot&cold under pressure �l0 56 Received by: name FOLLOW-UP RATING SCORE 75-77 ACTION Yes .......74-1 100 less weight of Change..".. 78-C title No........... 2 items violated—* Delete.........0 Inspected by: name ��'�'"---=— -- ;'Cr,itical•Items Requiring Immediata.Attention. Remarks on back(80-1) FORM FDA 2420 (8/80) PREVIOUS EDITION MAY BE USED USE REVERSE FOR REMARKS r ITEM NO. REMARKS CORRECTED BY z � � 0� Gt J9 ' ;[e '�` d edq) V /f �4-d777%- TIaj � - � G s s � BOARD OF HEALTH - TOWN OF BARNSTABLE 367 Main Street - Hyannis, MA. 02601 PURPOSE Food Service Establishroperationisfacilitles Regular ..... . 29-1 /-•'�_ Follow-up....... 2 Inspection Report Complaint....... 3 Investigation ..... 4 Based on an inspection this day,the items circled below identify the violat which must be corrected by Other .......... 5 the next routine Inspection or such shorter period of time as may be specified in writing by the regulatory authority. Failure to com- ply with any time limits for corrections specified in this notice may result in cessation of your Food Service operations. OWNER NAME ESTABLISHMENT NAME ADDRESS _ ZIP CODE EST. ESTAB.NO. : '# SANIT.CODE #: YR. MO. DAY TRAVEL TIME :,`: INSPEC.TIME STATE COD t:#'. INSP.PROCESS I.D. 11-7) 8-10 11- 17 19 E<:`• 0-2 °' r":?%23-24 w?" 5-27 WT.COL. I O WT. COL. FOOD SEWAGE ;•:'; Source;sound condition,no spoilage 30 Sewage and waste water disposal 4 57 Original container;properly labeled <'3 :<>.:' 31 PLUMBING FOOD PROTECTION Installed,maintained : 58 Potentially hazardous food meets temperature requirements "`:% Cross-connection,back siphonage,backflow _ 59 during storage,preparation,display,service,transportation 32 * Facilities to maintain product temperature 33 TOILET & HANDWASHING FACILITIES Thermometers provided and conspicuous 34 E`m ': Number,convenient,accessible,designed,installed # 60 Potentially hazardous food properly thawed 35 Toilet rooms enclosed,self-closing doors;fixtures,good repair,clean: hand cleanser,sanitary towels/hand-drying 61 :.;• Unwrapped and potentially hazardous food not re-served d: : 36 devices provided,proper waste receptacles Food protection during storage,preparation,display, service transportation "' GARBAGE & REFUSE DISPOSAL 38 Containers or receptacles,covered: adequate number 62 in use,food(ice)dispensing utensils properly stored ( 39 insect/rodent proof,frequency,clean :E'>`•:>:> Outside storage area enclosures properly constructed, PERSONNEL >' clean;controlled incineration ft '€ 63 e F Personnel with infections restricted ? 40 ??j Hands washed and clean,good hygienic practices #?g 41 INSECT, RODENT,ANIMAL CONTROL Clean clothes,hair restraints ? 42 "` Presence of insects/rodents—outer openings protected, 64 no birds,turtles,other animals FOOD EQUIPMENT& UTENSILS Food(ice)contact surfaces: designed,constructed,main- FLO RS,WALLS& CEILINGS tained,installed,located "'`'' Floors,constructed,drained,clean,good repair,covering 65 Non-food contact surfaces: designed,constructed,main- installation,dustless cleaning methods tained,installed,located Walls,ceiling,attached equipment: constructed,good >: Dishwashing facilities: designed,constructed,maintained, z;::€' '' g :'•.% 3 66 repair,clean,surfaces,dustless cleaning methods installed,located,operated # 45 Accurate thermometers,chemical test kits provided,gauae "' :::.. >` LIGHTING ^' cock (1/4" 1PSvalve) Pre-flushed,scraped,soaked. 47 Lighting provided as required,fixtures shielded 67 Z„ VENTILATION Wash,rinse water: clean,proper temperature <. 48 c. 49 IF. Sanitization rinse:clean,temperature,concentration,ex- `-��?:'.•' Fooms and equipment—vented as required posure time;equipment,utensils sanitized :? � :; :.Wiping cloths: clean,use restricted !� 50 DRESSING ROOMS Food-Contact surfaces of equipment and utensils clean, ?« " 61 :: Rooms,area,lockers provided,located,used ?' 69 free of abrasives,detergents Non-food contact surfaces of equipment and utensils clean t 52 OTHER OPERATIONS Storage,handling of clean equipment/utensils fit` ?c"`: Toxic items properly stored,labeled,used 70 Single-service articles,storage,dispensing ;:< 54 Premises maintained free of litter,unnecessary articles, ;'>:::<:>: No re use of single service articles 55cleaning maintenance equipment properly stored. Author- 71 ized personnel WATER & Complete separation from living/sleeping quarters.Laundry. %j ? 72 Wetter source,safe: hot&cold under pressure Clean,soiled linen properly stored »1 :?' 73 Received by: name FOLLOW-UP RATING SCORE 75-77 ACTION / Yes .......74-1 100 less weight of Change..... 78-C title No .......... 2 items violated.. Delete.........D Inspected by: name *'Critical•Items Requiring Immediate.Attention. Remarks on back(80-1) FORM FDA 2420 (8/80) PREVIOUS EDITION MAY BE USED USE REVERSE FOR REMARKS ITEM NO. REMARKS CORRECTED BY j -. 14 PERRY, BENJAMIN N 26571.. Permit-for ..ADD...2.ND...O ................ .... Con irrercial Buildi o g Location ...3.4.1..North..Street................... .. . .. ........... ............ . ...... HYarirds ............................................................................... Owner ami Perry................................ Type of Construction J::0M............................ ................................................................................ Plot ............................ Lot ................................ Permit Granted .....June...8, 19 84 Date of Inspection ....................................19 Date Completed ......................................19 r Mr. Perry Complex - 341-342 North Street, Hyannis Building permit approved June 7, 1984, with condition he connect to Town sewer or upgrade septic to meet Title 5, of the State Environmental Code, and the Town of Barnstable Health Regulations - Authority Reg.15.02(7) of 310 CM 15.00, of the State 4dkl Cs Environmental Code. �- - Letter from Attorney Braunstein - June 7, 1985, stating he intends to upgrade sewage system to, conform to Title 5, of the State Environmental Code, and the Town of Barnstable Health Regulations. Ron Gifford and Mr. Perry were on-site together and dug a test hole. Ron stated depth to ground water 3 i feet. Ron talked to Mr. Braunstein who is meeting with Mr. Perry on December 17 concerning engineers study and upgrade. Ron stated he talked to Mr. Perry on several occasions - last time Mr. Perry stated matter was in attorney's hands. File kept in pending action - November 5, 1985. e Mr. Perry sent letter- notice of violation. I November 13, 1985 - talked to Attorney Cohen who requested ten additional days to have Robert Our evaluate septic system. 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