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0091 OCEAN DRIVE - Health
91 OCEAN DRIVE, W-HYANNISIPORT A=266-003 } i e r 4 4 r, TOWN OF BARNSTABLE L(rATION jq§L' :r. SEWAGE#�m VILLAGE_ ANRJ f S drTSSESSOF,'S MAP&PARCEL )64 '003 INSTALLERS N &PHONE NO. �t9 SEPTIC TANK CAPACITY s;fl I Q®oi �l o_ LEACHING FACILITY.(type)7eesSyre De-ge (size) - «r NO.OF BEDROOMS " OWNER f PERMIT DATE: COMPLIANCE DATE: a9 Separation Distance Between the: Maximum Adjusted Groundwater Table to the Bottom of Leaching Facility Feet Private Water Supply Well and Leaching Facility(If any wells exist on site or.within 200 feet of leaching facility) Feet Edge of Wetland and Leaching Facility,(If any wetlands exist within 300 feet of leaching facility) Feet FURNISHED BY c� t� u1 ► a► zt. a a - � lo► �'1 R� C7 � �G� 1y �� G c> i) el ri 1ST e: e1 it +a l� �1 tl +i r v g a i c f. V'� TOWN OF BARNSTABLE rA` ' Li)CATION SEWAGE;# ',24�bq,:..�-Ce?t" •;,{ VILLAGE i1 es? ASSESSOR'S MAP&PARCEL INSTALLERS NAME&PHONE NO ~� n��r..� �. c"y SEPTIC-TANK CAPACITY LEAd:4NG FACILITY:(type) 4 ENO OF BEDfROO1VIS OWNER. -PERMIITIDA',E: 7F COMPLIANCE DATE: j1111,711 Separacion`Distanee--Between the: •,Maxinwr Adjusted Groundwater Table to the Bottom of Leaching Facility Feet PH tc Water Supply Well and Leaching Facility(If anytivells`ex�st • S F'' 4i` x_- f or s to orrwith`in 200 feet of leaching^facility) Feet Edge of Wetland and Leaching Facility.If any wetlands exist t tth%0 feefof leatchmg facility) Feet 4FJRNIS.I3FD BY, yy T1 � � � � � Ali ea �yA " Al 1 ` w •.yam_,,. ' 1 1 � i r No. C� ooa THE COMMONWEALTH OF MASSAC#HUSETTS Entered in computer: L PUBLI 10 C HEAL H DIVISION -TOWN OF BARNSTABLE., MASSACHUSETTS 01 Yes Zipplitation for &Zpooar 6potem Con0truction Permit Application for a Permit to Construct( )Repair( )Upgrade(K)Abandon( ) '�Complete System 0 Individual Components j Owner's �"�(-Z-a'S4 A 1_= Location Address or Lot No. 91 QG�,4I.1 VtZ �i L. C5 NJ eEAL�e,Address and Tel.No.Co�P �'. Y�t�sv�ts�sQ dAAl43S-- Os�vo L_�.E. MA �tI Assessor's Map/Parcel ! 3 4 024:,5 S Installer's Name,Address,and Tel.No. D igner's Name,Address and Te No. CMi2_buLL�vAVU G r� V -2 Qpe�v 2 ecAp 0s't�E2V t c-cG MA 0265S' { Type of Building: x sYL ICi?�+L AsS�ssc � Dwelling No.o e roo s 3 Lot Size 0 °G 2 sq.`f Garbage Grinder Other Type of Building No.of Persons Showers( ) Cafeteria Other Fixtures F J Design Flow 3'�O F gallons per day. Calculated daily flow 1�35' gallons. d Plan Date O 1 t^C—F5 0(7 J uaac to,ncrBlumber of sheets S" Revision Date t1�T I /i- Title G n s r%,n rz C-6-m v l onus 9L^ra �,Q2oyb5ao 5.1'1ms��Q¢�✓ i`�t 6 jZAQt".# �SIC A�i7�ii4►t 5 J Size of Septic Tank 1 fg��Q Type of S.A.S. LgA cbk%v1U6 Zpao Description of Soil`'fh'l D-t'Z" t7l L-tr t2"—ISbi' 5 Smog kbA A 2.S1(Z.&/1 �Sr� Zat"At S'56„ps7r;Y2516 `4 S2"8 3An1� 10146/4 9Z`-%Zd'Cj C 50woo 2,Sle- 614 IZO-t4b Cz. M SAs)d 2:5`l2 1.1 b'u 2- o-tzl�lu• 12 1Pa0 5/Lam 2z54e ,5/t tG_231. A Si,4ySqwo-r.sYe, 5-14P ?_V-33 t3Spvo pip 9Z 3',-NZ0"C-% t2D-V4 SC,?_ C,awvuo wok-rmae IZ.O I'1)6\ X) er Nature of Repairs or Alterations(Answer when applicable) �'� 91I4EER Mr , )LiND P1 R " � . .'t 13 INST tt"r lTill�+ANCii TOP ALLED IM ST Date last inspected: � RlLT Agreement: The undersigned agrees to ensure the construction and maintenance of the afore described on-site sewage disposal system in accordance with the provisions of Title 5 of the Environmental Code and not to place the system in operation until a Certifi- cate of Compl' nce has been issued by this Board of Health. Signed v Date Application Approved by Dat , Application Disapproved for the following reasons 14 Perini r ate Issued 71 4- r ` ���s/,C�1 THE COMMONWEALTH OF.MHUSETTS Entered in computer: �----- �� ?1 `� PUBIC HEAL H DIVISION -TOWN OF/ AR N .'TABLE S MASSACHUSETTS ''k Z ZlppYicatio for 'Migpogal 6pgetfi , o''n0truction 3permit � r Application for a P nnt't to'Construct( )Repair:( ;)Upgrade( )A�;attdon( ) L 1 Complete System Individual Components w Location Address or Lot No. 9` Q G E 1/A U (Z V tZ .Owner's Name,Addrean ssd Tel:No. �j`362-`53$A Nyatv�ts\��-�' _ Assessor'sMap/Parcel tAA W,L� 0 0 2 ; J Installer's Name,Address,and Tel.No. t D igner's Name,Address and Tel,No. b6b-AZ$-3aj-A Vc cEr2 6 U t-L\VAVV YC � + Type of Building ey s cPE+Z_AS545%_e Dwellin No.o e rooms Lot Size O ' 2 sq.f 4 Garbage Grinder( QC) � g Other Type f Building.A__ No.of Persons Showers(�`,) Cafeteria Other Fixtures Design Flown, 3� gallons per day. Calculated daily flow 3�J? gallons. Plan Date ( 'l', t-E� O C> 4 Lx v f o.mcNumber of sheets Revision Date u L�( 2G. 2L 1 Title tkl 6 ,v 6 S,M GA OgcivE Eti i 5�6 V_AQ%A)6 Size of Septic Tank 1?)Q Type-of S.A.S. "Description;of Soil Th-1 O-1'Z" tl c.�. `�2"- ib" D 5 SRtiLY�1C.oaw\ z-3-1Its/1 \g''-Zqr` sswUcl�r�Y2SlE. �U 7,2"8 5?AN-A� X)Y-e-U& 3Z'=�2t7'"G� CSAryci fg-k 04 ►Zo- 1426 C?- tM SA<va Z.5-(( L/4 12- 0 w wcrQ �� �3-\2 �'` ao�tM�Gzs • C�o.iw�o w�t-t5:rt.�,2;0 IUhV1� :� '. --Nature of Repairs or Alterations(Answer when applicable)`4- Date last inspected: ` Agreement: r ' The undersigned agrees to ensure the construction and maintenance ofthe afore described on-site sewage disposal system . /r in accordance with the provisions of Title 5 of the Environmental Code and not to place the system in operation until a-Certifi- cate of Compl` nce has been issued by this Board of Health. �� /} t /(i Signed /,In e t y/)., J., Date Application A proved by _ _ _ / �,/X T�l : Dat r A__pplication Disapproved for the following reasons�J v P / r PermiLNe--� � ate Issued 1/ THE COMMONWEALTH OF MASSACHUSETTS - BARNSTABLE, MASSACHUSETTS- (Certificate of Compliance -, THIS IS TO CERTIFY thate On-site Sewage Disposal System Constructed( )Repaired( )Upgraded Abandoned(. )by �K at 91 ©c'e"-tJ e\V C WSJ n A. hasbeen constructed ' acco dance r with the provisions'of,T' e 5 an the for Disposal System Construction Permit No dated 1 I�o Installer Designer V i The issuan\ce of this permit s� )� �t�e construed as a guarantee that the syste tt'i wil�dobas designed. . Date / ` '/ i Inspector- Roll - r--�---^, Fee " THE COMMONWEALTA OF MASSACHUSETTS PUBLIC HEALTH DIVISION - BARNSTABLE., MASSACHUSETTS - Y td .o;cegt- zteii ,(Cquv' 'tructiion . eiY11i1 Permission is hereby�granted'to Construct )Repair( )Up ade(X�)Abandon( ) System located at 1 FV�I \U C \/J -/AKX t,a lS C'b2T" k S a. and as described in the above Application for Disposal System Construction Permit,The applicant recognizes his/her duty to comply with Title 5 and the following local provisions or special condit�i�6n"s , Provided: Construction must b completed within three years of the date of this t. Date: ! ( �"? / b Approved by /"� -� SEP-18-2007 15:44 KILROY AND WARREN 15087757526 P.01/01 ' Town of Barnstable Regulatory Services Thomas F. Geiler,Director Public Health Division .es�. " Thomas McKean;Director 200 Main Street,Hyannis,MA 02601 Office:.508-962-46" Fax: 508-790-6304 s, Installer&Designer Certification Form Date: ✓- ��T 07 Sewage Permit# Assessor's MapWarcel 00 Designer: -JIUA Evlw Installer: D� Address: -7 P�fL�C� 'ZDA'`7 Address: On l �L f�T _ was issued a permit to install a (da (installer) septic sy stem at eavL &Lis-ed on a design drawn by (address) ec,f FLFv,.k DN-%-T_ dated Fe fb t � y �a Z.1, zooro designer) I certify that the septic system referenced above was installed substantially according to the design, which may include minor approved changes such as lateral relocation of the distribution box and/or septic tank. Stripout (if required) was inspected and the soils were found satisfactory. I certify that the septic system referenced above was installed with major changes (i.e. greater than 10' lateral relocation of the SAS or any vertical relocation of any component of the septic system)but in accordance with State & Local Regulations. Plan revision or rtified as-built by de gner to follow. Stripout (ifrequire s ected and,the soils wer d atisf. t LUVAN - nSe) ilf1L. (Designer'sSignature) (Affix Designer's Stamp Here) PLEASE RETURN TO BARNSTABLE PUBLIC HEALTH DIVISION. CERT'IFJCATE OF COMPLIANCE WILL NOT BE ISSUED UNTIL BOTH THIS FORM AND AS- 13UILT CARD ARE RECEIVED BY THE BARNSTABLE PUBLIC HEALTH DIVISION:` THANK YOU. QASep6clbesiSner Certification Form Rev 03-09-06.doc TOTAL P.01 - a I'� TOWN OF BARNSTABLE Corrected December 11,2000 CE TH E Tpk OFFICE OF BART ,BL$ BOARD OF HEALTH Maas °j 367 MAIN STREET mop 1639• a M HYANNIS,MASS.02601 December 11; 2000 Peter Sullivan Sullivan Engineering 7 Parker Road P. O. Box 659 Osterville, MA 02655 RE: 91 Ocean Drive, West Hyannisport Dear Mr. Sullivan: You are granted variances on behalf of your client, Stephen Giatrelis, to install an onsite sewage disposal system at 91 Ocean Drive, Hyannisport, Massachusetts. The variances granted are as follows: 310 CMR_1$.211: To install a soil absorption system zero (0) feet away from the property line, in lieu of the minimum setback of ten (10) feet required. 310 CMR 15.211: To install a septic system completely within a State defined non-eroding bank, in lieu of the minimum fifty (50) feet setback required by the State Environmental Code and in lieu of the 100 feet minimum setback as required by the Town of Barnstable Health Regulation Part VI11, Section 10.0. Part VII1, Section 10.0: To install a soil absorption system 65 feet away from a watercourse and 85 feet away from a salt marsh, in lieu of the 100 feet.minimum setback required. These variances are granted with the following conditions: (1) No more than three (3) bedrooms are authorized at this site. Dens, study rooms, finished attics, sleeping lofts, and similar type rooms are ocean I Corrected December 11,2000 considered "bedrooms" according to MA Department of Environmental Protection. f .. (2) The square footage of the existing footprint of the dwelling shall not be increased in overall size as agreed to by the applicant. (3) The applicant shall obtain the approval of the Conservation Commission prior to obtaining a disposai works construction permit rrom the Health Division. (4) The rights of all others, including the Town, to construct and maintain utilities in the way shall not be impeded or infringed.upon in-any way. (5) If construction of the permitted works is restrained or enjoined due to civil actions taken by other private parties and it is impossible to complete the works according to the permit, that may render the dwelling uninhabitable and the applicant is aware of and accepts the risk. (6) All easements needed for the project shall be obtained. (7) This Board of Health decision shall be recorded at the Registry of Deeds. The rights_provided which allow the Giatrellis' to place the on-site disposal system within the road which they own is specifically subordinated to the rights of the town to install public utilities therein, including, but not limited to: sewer, water, electricity and telephone and these rights are perpetual. These variances are granted because the existing cesspoo.l.was full of sewage effluent, over the inlet pipe, at that time of inspection on October 16, 1999, and as therefore "failed". The proposed onsite sewage disposal system meets .the maximum feasible compliance standards contained within the State Environmental Code, TitleV. Si erely yo n ask, S. Chairperson Board of Health Town of Barnstable SGR/bcs ocean Town of Barnstable s"E T�''ti Regulatory Services:, Thomas F. Geiler,Director * BARNSfABLE, f1639. $ Public Health DiVN'1one 15 II 54 Thomas McKean,Director y 200 Main Street,Hyannis,MA Q60�1�— § 0 t� Office: 508-862-4644 Fax: 508-790-6304 February 25, 2005 Sullivan Engineering, Inc. Peter Sullivan, P.E. 7 Parker Road PO Box 659 Osterville, MA 02655 RE: 91 Ocean Drive —West Hyannisport Dear Mr. Sullivan: I am in receipt of your letter dated February 17, 2005. I confirm that the disposal construction permit number 2004-364 is valid for replacement of the septic system at 91 Ocean Drive, West Hyannisport. This permit will expire on 7/20/2007. I.understand there may have been some confusion because the December 2000 variance from the Board of Health was valid for only three years. However, the applicant obtained a valid disposal works construction permit within that three year period. That permit was valid until August 13, 2004. He renewed his permit on July 21, 2004, approximately three weeks before its expiration date. If you should need an additional assistance in this regard, please feel free to contact me. Sincerely yours, Thomas A. McKean, RS, CHO Director of Pubic Health Town of Barnstable TMK:j sa SLUIVAN ENGINEMM-BVC. 7 PARKER ROAD/P O BOX 659 OSTERVILLE, MA 02655 Peter Sullivan P. E. Mass Registration No. 29733 psullpe@aol.com phone 508-428-3344 fax 508-428-3115 February 17, 2005 Thomas A. McKean, R. S. CHO Director, Public Health Division Town of Barnstable 200 Main Street Hyannis, MA 02601 RE: 91 Ocean Drive, W Hyannisport Disposal System Construction Permit 2004-364 Dear Mr. McKean, The chairman of the ZBA has requested that you affirm/confirm the existing Disposal System Construction Permit 2004-364 for repair/replacement of the failed septic system at 91 Ocean Drive in W Hyannisport. As a brief history of the project, the Board of Health granted variances to install the system in the fall of 2000. We secured the Disposal Permit in August of 2001. However, due to abutter appeals of the Conservation Commission Order of Conditions we have been unable to be gin the project. The Disposal Permit was renewed last July (2004) as permit number 2004-364. We are presently in the process of seeking ZBA approval for the project. Due to fire in the dwelling, the house is presently unoccupied and will remain so. I have attached copies of the Variance as well as the renewed permit. Would you please affirm that the Disposal Construction Permit 2004-364 is valid and will expire unless acted upon by July 2007. Thank you in advance for your efforts. Ve truly yours, 4�q 0 CD Peter Sullivan, P. E. Sullivan Engineering Inc. Cc: Bruce Gilmore, Esq. Bernard Kilroy, Esq. Zoning Board of Appeals Members of . American Society of Civil Engineers, Boston Society of Civil Engineers it Corrected December 11,2000 considered "bedrooms" according to MA Department of Environmental, Protection. (2) The square footage.of the existing footprint of the dwelling shall not be increased in overall size as agreed to by the applicant. (3) The applicant shall obtain the approval of the Conservation Commission prior to obtaining a disposal works construction permit from the Health Division. (4) The rights of all others, including the Town, to construct and maintain utilities in the way shall not be impeded or infringed upon in any way. (5) If construction of the permitted works is restrained or enjoined due to civil actions taken by other private parties and it is impossible to complete the works according to the permit, that may render the dwelling uninhabitable and the applicant is aware. of and accepts the risk. (6) All easements needed,for the project shall be obtained. (7) This Board of Health decision shall be recorded at the Registry of Deeds. The rights provided which allow the Giatrellis' to place the on-site disposal system within the road which they own is specifically subordinated to the rights of the town to install public utilities therein, including, but not limited to: sewer, water, electricity and telephone and these rights are perpetual. These variances are granted because the existing cesspool was full of sewage effluent, over the inlet pipe, at that time of inspection on October 16, 1999, and as therefore "failed". The proposed onsite sewage disposal system meets the maximum feasible compliance standards contained within the State Environmental Code, TitleV. Si erely yo n ask, .S. Chairperson Board of Health Town of Barnstable SGR/bcs ocean f 4 • No. Fee I CJC7 - t Ub THE COMMONWEALTH OF MASSACHUSETTS ante ed in computer: Yes U PUBIC HEALTADIVISION-TOWN OF BARNSTABLL,MASSACHUSETTS 01pplication for-Migpont&pgtem QCongtruction Permit a Application for a Permit to Construct(, )Repair.( )Upgrade(1�)Abandon( ) IiQ Complete System 0Individual Components w [-ovation Address,or Lot No. �9ltl-�G EzFil,l. V 2 J G Owner's Name,Address and Tel.No. "-62-$54 q N Ya vt�ts Pr'R T C 5J Assessor's Map/Pec �r<- loo3 , 64Fi 1i% VSsP1L 2�r�_t MA2_(_ pUI o2ross � Installer's Name,Address;m Tpl;No -. per oar's N e,Address and TeI,No. . Y l'EQ-�ut-UvVAVj 3.. "a✓ls VAN E-nY W dI k Z+�rt2 K�2 QoAO TE<-vt u-G MA O265S .'. 0,62 oo s 3 Lot Size sq.'fF Garbage Grinder(t�0 yr r, (' Ot4e ullding No.of Persons Showers( ) Cafeteria e gallons per day.Calculated daily flow gallons. d e FiC- i to umber of sheets S Revision Date �u L.4 2L, Zm I sT„n;s G'et IpTroa,s P n S - G t r_5 J Septic Tan$,`" 1 S� Type of S.A.S. t-EArhhsv\36 138r7 ' IDegSr1 do ofSoilT 'L o-t2"1^I t t2"-t6" Q SSA,UQ&,0AWt, Z.S`I(L.S/t �8"-zSuF�SSp �g5w 5Anto i0yf&/6 SZ'-t2o"C C S+v vo 2.5Y2 6/4 t2o 142 C2 M Sato Z,5y2 L/4 L 4-2 o tzG .I2.1�'Q'AS/to!iws z,SYe.S/i t6-23"A -f.SY?-516, 7-V-53 15Scwo yNp_i9G 33-t2o'�C-t tip-tgOG-. foa oorup wA r mn!<P 2,0 lb6VD .:.Nature of Repairs or Alterations(Answer when applicable) f NGINEER f gN�R4y@7 5 pE�VI JtiNCE TO p STv I ED IN STTh4G Date last inspected: RIOT Agreement: The undersigned agrees to ensure the construction and maintenance of the afore described on-site sewage disposal system in accordance with the provisions of Title 5 of the Environmental Code and not to place the system in operation until a Certifi- cate of Compliance has been issued by this Board of Health. Signed - Date Application Approved by Date C�/ . Application Disapproved for the following reasons 61 Permit No. Lf Date Issue 0'7 HE CLob TMMONWEA_LT H OF MA,SSACHUSETTS BARNSTABLE,MASSACHUSETTS Certificate of Compli$igce D_..,IGNInI E THIS IS TO CERTIFY,that the On-site Sewage Disposal System ConStk'4t,I �01JN� D�'�R U9NNglpRi�j�) Abandoned( )by Tii-SY- III nt at 91 OCE/c 2 - ACCORDAN I�9PFWc e i aC� �t�ce with the provisions of Title 5 and the for Disposal System Construction Permit No dated Installer Designer The issuance of this permit shall not be construed as a guarantee that the system will function as designed. Date Inspector ————— ——— ——————————————————————— No. �(�t THE COMMONWEALTH OF MASSACHUSETTS _'PUBLIC HEALTH DIVISION-BARNSTABLE,MASSACHUSETTS L Migpogal bpgtem Congtruction Permit Permission is hereby granted�{o Conswct( )Repair( )Upgrade(�( )Abandon( ) System located at 91 I.C.C-A7.1��tUG W 'n`lPel.AI..LICU�I@�,[�'nlr FNr'11" ro MUST S ER r ?I AND CERTIFY IN WRITINn ....I-WAS INSTALLED IN STRICT and as described in the above Application for Disposal System Construction Permit.The applicant recognizes his/her duty In comply with Title 5 and the following local provisions or special conditions. Provided:Construction must be completed within three years of the date of.this permit. Date: Approved by t . o i The Town of Barnstable * BARNSTABLE, * Office of Town Manager 9 MASS. Apr i639. A�� 367 Main Street, Hyannis MA 02601 ED Mp'1 Office: 508-862-4610 John C.Klimm,Town Manager Fax: 508-790-6226 Joellen J.Daley,Assistant Town Manager 9 MEMORANDUM TO: Tom McKean, Director of Public Health FR: John C. Klimm, Town Manager DT: March 19, 2002 RE: Septic System Upgrade For your information, enclosed is a copy of a notice, together with attachments, which I received from Sullivan Engineering, Inc., regarding the above-captioned matter. Thank you. JCK:Imb Enclosures f A copy of the Environmental Notification Form for the following project was hand delivered to the following individuals or departments before March 15, 2002, as required. Project: Septic System Upgrade 91 Ocean Drive West Hyannisport Proponent: Stephen Giatrelis RECEIVED BY: Office of the Town Council,- Office of the T own Manager: � - �iti�� k') Et)- o . Planning Department: Board of Health: Conservation Commission: �G W 9 THE CON MONWEALTH OF- MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION BE SIT KNOWN THAT William. E. Robinson, . Jr. Has satisfied the Department's qualifications as required and is hereby authorized to use the title CERTIFIED TITLE 5 SYSTEM INSPECTOR as provided in 310 CMR 15.340 and Section 13 of Chapter 21 A ®f the General Laws. Issued by The Department of Environmental Protec::tion- Aprd 20. 1"S � Acting Director of the of W81" Pouti i.mup Coouol r SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM • PART C SYSTEM INFORMATION(continued) Property Address: 91 Ocean Ave.W. Hyannisport Ma.02672 Owner: Barrett Date of Inspection: 10-16-9? NRCS Report name Soil Type Typical depth to groundwater USGS Date website visited Observation Wells checked Ground water depth: Shallow Moderate Deep SITE EXAM Slope Surface water Check Cellar Shallow wells Estimated Depth to groundwater 5' Feet Please indicate-alf the methods used to determine High Groundwater Elevatiop: Obtained from Design Plans on record Observation of Site(Abutting property,observation hole,basement sump etc.) X Determine it from local conditions Check with local Board of health Check FEMA Mapfi Check pumping record i Check local excavators,installers Use USGS Data Describe in your own words how you established the High Groundwater Elevation.(Must be completed) Hand auger hole wet at revised 9/2/98 11 i G SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION(continued) D� Property Address: 91 Ocean 0.W. Hyannisport Ma.02672 Owner: Barrett Date of Inspection: 10-16-9� SKETCH OF SEWAGE DISPOSAL SYSTEM: Include ties to at least two permanent references landmarks or benchmarks locate all wells within 100'(locate where public water supply comes into house) f�l�ahT�n� MARK s' OCEAN 2 rVIP y► °I�a+6c A�� ° FRoWr � 13' cr►Sr 0 cement Pali to OCERV Avg y —ga/ 10 f SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION(continued) Property Address: 91 Ocean Ave.W.Hyannisport Ma.02672 Owner: Barrett Date of Inspection: 10-16-99 SOIL ABSORPTION SYSTEM (SAS): (locate on site plan,if possible;excavation not required,but may be approximated by non-intrusive methods) If not located, explain: Type: Leaching pits,number: Leaching chambers,number: Leaching galleries,number: Leaching trenches,number,length: Leaching fields,number,dimensions: Overflow cesspool,number, 1 Alternative system: Name of Technology: Comments: (note condition of soil,signs of hydraulic failure,level of ponding,damp soil,condition of vegetation,etc.) CESSPOOLS: (locate on site plan) Number and configuration: t Depth-top of liquid to inlet invert: full Depth of solids layer. 6" Depth of scum layer: 3" Dimensions of cesspool: 6'x8' Materials of construction: Con. Indication of groundwater: inflow(cesspool must be pumped as part of inspection) Comments:: (note condition of soil,signs of hydraulic failure,,level of ponding,condition of vegetation,etc.) Cesspool was full over inlet at time of inspection. PRIVY: NIA (locate on site plan) Materials of construction: Dimensions: Depth of solids: Comments: (note-conditiomof soil,signs of hydraulic failure,level of ponding,condition of vegetation,etc.) revised 9/2/98 9 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION(continued) Pro Address: 91 Ocean Ave.W.H annis rt Ma.02672 Property Y fm Owner: Barrett Date of Inspection: 1046-99 TIGHT-OR HOLDING TANK: N/A (Tank must be pumped prior to,or at time,of inspection) (Locate on site plan) Depth below grade: Material of construction _ Concrete _ metal _ Fiberglass Polyethylene other(explain) Dimensions: Capacity: Gallons Design flow: gallonstday Alarm present Alarm level: Alarm in working order Yes; No Date of previous pumping: Comments: (condition of inlet tee,condition of alarm and float switches,etc.) DISTRIBUTION BOX: N/A (locate on site plan) , Depth of liquid level above outlet invert: Comments: (note if level and distribution is equal;evidence of solids carryover,evidence of leakage into or out of box,etc,) PUMP CHAMBER: N/A (locate on site plan) Pumps in working order:(Yes or No) Alarms in working order(Yes or No) Comments: (note condition of pump chamber,condition of pumps and appurtenances,etc.) revised 9/2/98 8 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION(continued) Property Address: 91 Ocean Ave.W.Hyannisport Ma.02672 Owner: Barrett Date of inspection: 10-16-99 BUILDING SEWER: - (Locate on site plan) Depth below grade: 10" Material of construction X cast iron 40 PVC other(explain) Distance from private water supply well or suction line Diameter Comments:(condition of joints,venting,evidence of leakage,etc.) SEPTIC TANK: N/A (Locate on site plan) : Depth below grade: Material of construction X concrete _ metal Fiberglass Polyethylene other(explain) If tank is metal,list age Is age confirmed by Certificate of Compliance. (Yes/No) Dimensions: Sludge depth: Distance from top of sludge to bottom of outlet tee or baffle: Scum thickness: Distance from top of scum to top of outlet tee or baffle: Distance from bottom of scum to bottom of outlet tee or baffle: How dimensions were determined Comments: (recommendation for pumping,condition of inlet and outlet tees or baffles,depth of liquid level in relation to outlet invert,structural irrtegrity,-evidencerofteakage,eta)-- GREASE TRAP: NIA (locate on site plan) Depth below grade: Material of construction _ concrete _ metal _ Fiberglass _ Polyethylene _ other(explain) Dimensions: Scum thickness.` Distance from top of scum to top of outlet tee or baffle: Distance from bottom of scum to bottom of outlet tee or baffle: Date of last pumping: T_ Commentik: (recommendation for pumping,condition of inlet and outlet tees or baffles,depth of liquid level in relation to outlet invert,structural Integrity,evidence of leakage,etc.) revised 9/2/98 7 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION Property Address: 91 Ocean Ave.W. Hyannisport Ma.02672 ' Owner: Barrett Date of Inspection: 10-16-99 FLOW CONDITIONS RESIDENTIAL: Design flow: N/A g.p.d./bedroom for SA.S. Number of bedrooms(design) N/A Number of bedrooms(actual): 2 Total DESIGN flow N/A Number of current residents: 2 Garbage grinder(yes or no): No Laundry(separate system) (yes or no): No If yes,separate inspection required i Laundry system inspected(yes or no): Seasonal use(yes or no) Yes Water meter readings,if available(last two(2)year usage(gpd): Sump Pump(yeworno):- No Last date of occupancy: 99 COMMERCIAL/INDUSTRI&�NIA Type of establishment: Design flow: Gpd(Based on 16.203) Basis of design flow Grease trap present:(yes or no): Industrial Waste Holding Tank present:(yes or no) Non-sanitary waste discharged to the Title S system:(yes or no) A Water meter readings,if available: ~ Last date of occupancy: OTHER:(Describe) Last date of occupancy: GENERAL INFORMATION _ PUMPING RECORDS and source of information: N/A Town of Barnstable DPW System pumped as part of inspection:(yes or no) No If yes,volume pumped: Gallons Reason for pumping TYPE OF SYSTEM Septic tank/distribution box/soil absorption system X Single cesspoot Overflow cesspool _ Privy Shared system(yes or no)(it yes,attach previous Inspection records,if any) I/A Technology etc.Attach copy of up to date operation and maintenance contract. Tight Tank Copy of DEP Approval Other x APPROXIMATE AGE of all components, date installed(if known)and source of information: N/A Sewage odors detected when arriving at the site:(yes or no) No revised 9/2/98 6 { r r SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART B CHECKLIST. . Property Address: 91 Ocean Ave.W. Hyannisport Ma.02672 Owner: Barrett Date of inspection: 10-16.99 Check if the following have been done:You must indicate either"Yes"or"No"as to each of the following: Yes No X 1. Pumping information was provided by the owner,occupant,or Board of Health. X None of the system components have been pumped for at least two weeks and the system has not been receiving normal flow rates during that period. Large volumes of water have not been introduced into the system recently or as part of this inspection. N/A As built plans have been obtained and examined. Note if they are not available with N/A. X The facility or dwelling was Inspected for signs of sewage back-up. X The system does not receive non-sanitary or industrial waste flow. X The site was inspected for signs of breakout. X All system components,including the Soil Absorption System,have been located on the site. N/A The septic tank manholes were uncovered,opened,and the interior of the septic tank was Inspected for condition of baffles or tees,material of construction,dimensions,depth of liquid Depth of sludge,depth of scum. The size and location of the Soil Absorption System on the site Has been determined based on: X Existing information.Ex.Plan at B.O.H. X Determined in the field(if any of the failure criteria related to Part C is at issue,approximation of distance is unacceptable)(15.302(3)(b)] X The facility owner(and occupants,If different from owner)were provided with information on the proper maintenance of Sub-Surface Disposal System. revised 912/98 5 r1 , SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM ` PART A CERTIFICATION(continued) Property Address: 91 Ocean Ave.W. Hyannisport Ma.02672 Owner: Barrett Date of Inspection: 10-16-99 Dj3YSTEM FAILS; You must w4eatee#hw"Yes orOW-to h-of 9*4ollewing._... Xxxx 1 have determined that one or more of the following failure conditions exist as described in 310 CMR 16.303. The basis for this determination is identified below. The Board of Health should be contacted to Yes No X-- Backup of sewage into facility or system component due to an overloaded or clogged SAS or cesspool. X Discharge or ponding of effluent to the surface of the ground or surface waters due to an over- Loaded or clogged SAS or cesspool Static liquid level in the distribution box above outlet invert due to an overloaded or clogged - SAS or cesspool. Liquid depth In cesspool is less than 6"below invert or available volume is less than%day flow Required pumping more than 4 times in the last year NOT due due to clogged or obstructed pipe(s) Number of times pumped h X Any portion of the Soil Absorption System,cesspool or privy is below the high groundwater Elevation. Any portion of a cesspool or privy is within 100 feet of surface water supply or tributary to a Surface water supply. Any portion of a cesspool or privy is within a Zone 1 of a public well. Any portion of a cesspool or privy is within 50 feet of a private water supply well Any portion of a cesspool or privy is less than 100 feet but greater than 50 feet from a private y Water supply well with no acceptable water quality analysis. If the well has been analyzed to be acceptable, attach copy of well water analysis for coliform bacteria,volatile organic compounds,ammonia nitrogen and nitrate nitrogen. E)LARGE SYSTEM FAILS: NIA You must indicate either"Yes"or"No"as to each of the following: The following criteria apply to large systems in addition to the criteria above: The system serves a facility with a design flow of 10,000 gpd or greater(Large System)and the system is a significant threat to public health and safety and the environment because one or more of the following conditions elast: Yes No the system is within 400 feet of a surface drinking water supply the system is within 200 feet of a tributary to a surface drinking water supply the system is located in a nitrogen sensitive area(Interim Wellhead Protection Area-IWPA)or Mapped Zone II of a public water supply well) The owner or operator of any such system shall upgrade the system in accordance with 310 CMR 15.304(2). Please consult the local regional office of the Department for further information. I _ revised 9/2/98 4 • SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION(continued) Property Address: 91 Ocean Ave.W. Hyannisport Ms.02672 Owner Barrett Date of Inspection: 10-16-99 CYFURTHER EVALUATION IS REQUIRED BY THE BOARD OF HEALTH: NIA Conditions exist which require further evaluation by the Board of Health in order to determine if the system is failing to protect the public health,safety and the environment. 1) SYSTEM WILL PASS UNLESS BOARD OF HEALTH DETERMINES IN ACCORDANCE WITH 310 CMR 16.303 (1)(b)THT THE SYSTEM IS NOT FUNCTIONING IN A MANNER WHICH WILL PROTECT THE PUBLIC HEALTH AND SAFETY AND THE ENVIRONMENT: Cesspool or privy is within 50 feet of a surface water Cesspool or privy is within 50 feet of a bordering vegetated wetland or a salt marsh. 2) SYSTEM WILL FAIL UNLESS THE BOARD OF HEALTH(AND PUBLIC WATER SUPPLIER,IF ANY) %t DETERMINES THAT THE SYSTEM IS FUNCTIONING IN A MANNER THAT PROTECTS THE PUBLIC HEALTH AND SAFETY AND THE ENVIRONMENT: The system has a septic tank and soil absorption system(SAS)and the SAS is within 100 feet of a surface water supply or tributary to a surface water supply. The system has a septic tank and soil absorption system and the SAS is within a Zone 1 of a public water supply well. The system has a septic tank and soil absorption system and the SAS is within 50 feet of a private water supply well. The system has a septic tank and soil absorption system and the SAS is less than 100 feet but 50 feet or more from a private water supply well,unless a well water analysis for colifcrm bacteria and volatile organic compounds indicates that the well is free from pollution from that facility and the presence of ammonia nitrogen and nitrate nitrogen and is equal to or less than 5 ppm. Method used to determine distance (approximation not valid). 3) OTHER teviseeF 9f2/98 3 I SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIVICATION(continued) Property Address: 91 Ocean Ave.W. Hyannisport Ma.02672 Owner: Barrett Date of inspection: 10-16-99 INSPECTION SUMMARY: Check A,B, C,orD: A] SYSTEM PASSES: NIA I have not found any Information which indicates that the system violates any of the failure criteria as defined in 310 CMR 15.303. Any failure criteria not evaluated are indicated below. COMMENTS: SITE OVER ALL PASSES,INSPECTION OF SYSTEM IS BASED ON CONDITION OF SYSTEM AT THE TIME OF THE INSPECTION.THERE IS NO GUARANTEE ON THE LIFE OF THE SYSTEM. B SYSTEM CONDITIONALLY.PASSES: NIA One or more system components as described in the"Conditional Past'section need to be replaced or repaired. The system,upon completion of the replacement or repair,as approved by the Board of Health will pass. Indicate yes,no,or not determined(Y,N,or ND). Describe basis of determination in all instances. If"not determined",explain why not) _ The septic tank is metal,Unless the owner or operator has provided the system inspector with a copy of a Certificate of Compliance(attached)indicating that the tank was installed within twenty(20) years prior to the date of the inspection;or the septic tank,whether or not metal,is cracked,structurally unsound,shows substantial infiltration or efiiration,or tank is failure is imminent. The system will pass inspection if the existing septic tank is replaced with a conforming septic tank as approved by the Board of Health. Sewage backup or breakout or high static water level observed in the distribution box is due to broken or obstructed pipe(s)or due to a broken,settled or uneven distribution box. The system will pa pass inspection if(with approval of the Board of Health). broken pipe(s)are replaced obstruction is removed distribution box is leveled or replaced T The system required pumping more than four times a year due to broken or obstructed pipe(s). The system will pass inspection if(with approval of the Board of Health): broken pipe(s)are replaced obstruction is removed, revised 9/2/98 2 a COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIROMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECION ONE WINTER STREET, BOSTON MA 02108(617)292-5500 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION PROPERTY ADDRESS: 91 Ocean Ave. W. Hyannisport Ma.02672 ADDRESS OF OWNER: DATE OF INSPECTION: 10-16-99 NAME OF INSPECTOR: Wm.E. Robinson I am a DEP approved system Inspector pursuant to Section 15.3+40 of Title 5 9310 CMR 18.000) COMPANY NAME: Wm.E.Robinson Septic Inspections MAILING ADDRESS: 43 Tomahawk Dr.Centerville Ms.02632 TELEPHONE NUMBER: (508)775-7986 CERTIFICATION STATEMENT I certify that I have personally inspected the sewage disposal system at this address and that the information reported below is true, accurate and complete as of the time of inspection. The inspection was performed based on my training and experience in the proper function and maintenance of on-site sewage disposal systems. The system: PASSES CONDITIONALLY PASSES NEEDS FURTHER EVALUATION BY THE LOCAL APPROVING AUTHORITY X FAILS INSPECTORS SIGNATURE: 1� •�_. DATE: 10-16-99 The system Inspector shall submit a copy of this inspection report to the Approving Authority(Board of Health or DEP) within thirty(30) days of completing this inspection. If the system is a shared system or has a design flow of 10,000 gpd or greater,the inspector and the system owner shall submit the report to the appropriate regional office of the Department of Environmental Protection. The original should be sent to the system owner and copies sent to the buyer,if applicable and the approving authority. NOTES AND COMMENTS: Cesspool was over full at time of inspection revised 9/2/98 4 Sullivan Engineering Inc. 7 Parker Road Box 659 Osterville MA 02655 Peter Sullivan.P.E . Mass.`Registration No. 2973 3 Phone 508-428-3344 - Fax 508-428=3115 e-mail: psullpe@aol.com Board of Health November 20, 2000 Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: 91 Oceann Drive, W Hyannisport Dear Board of Health, Thank you for your letter of October 6, 2000 (copy attached). However, please note the following for the record: The applicant, Mr. Giatrelis, did not and does not agree to Condition #2. He did agree to reduce the existing number of bedrooms to three (3), and he did agree not to increase the foundation footprint. He never agreed to your condition number 2. Title 5 flow is determined by the number of bedrooms not by room size or height of ceiling in a room. We believe you have exceeded your authority to condition the variance by restricting the overall size (square footage) of the dwelling. Any further correspondence on this matter shall be directed to: Attorney Bruce Gilmore P0 Box 714 W Barnstable, MA 02668 truly yours ILC' P ter Sullivan -Sullivan Engineering Inc. Cc: Stephen Giatrelis Bruce Gilmore, Esq. Bernard Kilroy Esq. Robert Smith, Esq., Town Attorney Thomas Geiler, Town of Barnstable Members of American Society of Civil Engineers, Boston Society of Civil Engineers _ ve Sullivan Engineering Inc. 7 Parker Road Box 659 Osterville MA 02655 Peter Sullivan P.E . Mass. Registration No. 29733 Phone 508-428-3344 Fax 508-428-3115 e-mail: psullpe@aol.com November 20, 2000 Board of Health Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: 91 Ocean Drive, W Hyannisport Dear Board of Health, Thank you for your letter of October 6, 2000 (copy attached). However, please note the following for the record: The applicant, Mr. Giatrelis, did not and does not agree to Condition #2. He did agree to reduce the existing number of bedrooms to three (3), and he did agree not to increase the foundation footprint. He never agreed to your condition number 2. Title 5 flow is determined by the number of bedrooms not by room size or height of ceiling in a room. We believe you have exceeded your authority to condition the variance by restricting the overall size (square footage) of the dwelling. Any further correspondence on this matter shall be directed to: Attorney Bruce Gilmore P O Box 714 W Barnstable, MA 02668 truly yours P ter Sullivan Sullivan Engineering Inc. Cc: Stephen Giatrelis Bruce Gilmore, Esq. Bernard Kilroy Esq. Robert Smith, Esq., Town Attorney Thomas Geiler, Town of Barnstable Members of American Society of Civil Engineers, Boston Society of Civil Engineers 1 Sullivan Engineering Inc. 7 Parker Road Box 659 Osterville MA 02655 Peter Sullivan P.E . Mass. Registration No. 29733 Phone 508-428-3344 Fax 508-428-3115 e-mail: psullpe@aol.com November 30, 2000 Town of Barnstable Board of Health 367 Main Street Hyannis, MA 02601 RE: 91 Ocean Drive, W Hyannisport Dear Board, Despite our best efforts over the past several weeks, we have just received, from the Town Council Office, a copy of the video tape of the September 18, 2000 Board of Health Public Hearing. Based on a review of that tape, I would note for the record that the Board posed, discussed in detail, and voted the following condition: Ms. Rask: "No increase of the square footage of the existing footprint of the home": This condition which was voted upon is not the same condition that is reflected in.the verbiage presented in you letter of September 21, 2000. Therefore, I respectfully request that you revise your letter of September 21, 2000 to reflect the record. V truly yours, Peter Sullivan Sullivan Engineering Inc. Cc: Stephen Giatrelis, Applicant Bruce Gilmore, Esq. Bernard Kilroy, Esq. Robert Smith, Esq., Town Attorney Thomas A. McKean, RS, CHO, Director of Public`Health Thomas Geiler, Town of Barnstable Members of American Society of Civil Engineers, Boston Society of Civil,Engineers... - .r - $ � ^g ", Sullivan Engineering Inc. 7 Parker Road Box 659 Osterville MA 02655 Peter Sullivan P.E . Mass. Registration No. 29733 Phone 508-428-3344 Fax 508-428-3115 e-mail: psullpe@aol.com November 30, 2000 Town of Barnstable Board of Health 367 Main Street Hyannis, MA 02601 RE: 91 Ocean Drive, W Hyannisport Dear Board, Despite our best efforts over the past several weeks, we have just received, from the Town Council Office, a copy of the video tape of the September 18, 2000 Board of Health Public Hearing. Based on a review of that tape, I would note for the record that the Board posed, discussed in detail, and voted the following condition: Ms. Rask: "No increase of the square footage of the existing footprint of the home"; This condition which was voted upon is not the same condition that is .reflected in the verbiage presented in you letter of September 21, 2000. Therefore, I respectfully request that you revise your letter of September 21, 2000 to reflect the record. V truly yours, Peter Sullivan Sullivan Engineering Inc. Cc: Stephen Giatrelis, Applicant Bruce Gilmore, Esq. Bernard Kilroy, Esq. Robert Smith, Esq., Town Attorney Thomas A. McKean, RS, CHO, Director of Public Health Thomas Geiler, Town of Barnstable Members of American Society of Civil Engineers, Boston Society of Civil Engineers VOW 1weS.11S1ER � ! TOWN OF BARNSTABLE �F THE pp e`"Qy l�o OFFICE OF 13ARN9TAIM BOARD OF HEALTH Mpg pp 039. 367 MAIN STREET 0 MAY HYANNIS,MASS.02601 October 6, 2000 Peter Sullivan, P.E. Sullivan Engineering 7 Parker Road P. O. Box 659 Osterville, MA 02655 RE: 91 Ocean, Dear Mr. Sullivan: Your request to revise the condition #2 of the variance granted by the Board of Health on September 18, 2000, is not granted. The Board of Health condition #2 specifically states: "The dwelling structure shall not be increased in overall size (square footage) as agreed to by the application." The Board members uphold their decision to impose condition #2 written. Sincere!y yours, usan G. sk, R.S. Chairperson Board of Health Town of Barnstable SGR/bcs oceanl 12-07-2000 04:37PM FROM A.M. WILSON ASSOC. TO 7906304 P.02 55: A.M.Wilson Associates Inc. Board of;3eaith Town of Barnstable 367 Main Street =-iyannis;f�iA 02601 R£: Variance Modification Request 91 Ocean**,-West Hyannisport (Our file 2.1014.0) Dear Board Members: It came.to my attention earlier today that the Board will be discussing a request to modify the Variance conditions for the above captioned project tonight at your hearing. This Variance'required abutter notification originally. As you are aware there is significant neighborhood interest in the project. If you are to moth the Varian fy Variance,it would seem .appropriate to follow the same notification requirements as for the original application so that interested abutters can hear the proponent's arguments and offer testimony of their own. Failure to do so would have the effect of foreclosing the appeal rights of the abutters were the Variance to be changed. Previous commitments prevent me or my client from attending tonight's meeting on justa fety hours notice. I wound hope you will require the applicant to notify abutters and formally reopen the hearing so that the public can be heard in this matter. Thank you for your consideration. Yours, Arlene M. W on,PWS CC: Pete Sullivan Atty. Robert Smith Charles Cormay Atty.Arthur Hyland P 0.sox 486 3267 Main Street 508 375 0327 Barnstable;MA 02630 FAX 375 0329 TOTAL P.02 . 12-07-2000 04:36PM FROM A.M. WILSON ASSOC. TO 7906304 P.01 -5111 A. W M. rison Associates Inc. FAX NUMBER (508) 375-. 0329 'OATS: TO; 7-ewl COMPAN'f DEPARTMENT 1111 bee of pages (=aciuding title nage) : Z- Cogs: FROM: I� COWL= DOCMMNTATION IS NOT RECEIVED, PLEBE COMACT US :AT' (SO8)37S-0327. $oa:.P�ORDt , P.O.Box 486 3261 gain Street 508 375 0327 i Barnstable,MA 0 030 FAX 375 0329 10/02/2000 11:27 5084283115 SULLLIVAN ENG INC PAGE 02 Sullivan Engineering Inc. 7 Parker Road Box 659 Osterville MA 02655 Deter Sullivan P,E . Mass. Registration No. 29733 Phone 508-428-3344 Fax 508-428-3115 e-mail: psullpe@aol.com October 2, 2000 Town of Barnstable Board of Health Attn: Susan G.Rask, R.S.,Chairperson 367 Main Street Hyannis, MA 02601 Via Fax: 508-790-6304 RE: Letter dated September 21, 2000 Variances/91 Ocean Drive, Hyannisport Dear Board of Health, Today I received your letter granting variances on behalf of my client, Steven Giatrelis, for property located at 91 Ocean Drive in W Hyannisport. There its a condition listed as (2) which. states "The dwelling structure shall not be increased in overall size square footage) as agreed to by the applicant". There appears to be a misunderstanding, as the applicant agreed that the foundation footprint would not increase in overall size. This condition is clearly stated on the approved plan. Please advise. Ve truly yours, Q Peter Sullivan P.E. Sullivan Engineering Inc. Cc: ThomasNkKean, R. S., CHO via fax 508-790-6304 Stephen.Giatrelis via hand delivery Bernard Kilroy, Esq. via fax 508-790-775-7526 Members of American Society of Civil Engineers, Boston Society of Civil Engineers 10/02/2000 11:27 5084283115 SULLLIVAN ENG INC PAGE 01 Sullivan Engineering Inc. 7 Parker Road Box 659 Osterville MA 02655 Peter Sullivan PE Mass Registration No. 29733 508.428-3344 fax MS-428-3115 e-mail PSullPE*aol,00m Fax Transmittal Date: October 2, 2000 To: Susan Rask, R.S. Thomas McKean, R.S., CHO From: Peter Sullivan/Sullivan Engineering Inc. RE: Giatrelis Variances Attached please find a letter to be distributed to both Susan Rask and Tom McKean. Thank you. Pages including cover sheet 3 10/02/2000 11:29 5084283115 SULLLIVAN ENG INC PAGE 01 Sullivan Engineering Inc. 7 Parker Road Box 659 Osterville MA 02655 Peter Sullivan P.E . Mass. Registration No. 29733 Phone 508-428-3344 Fax 508-428-3115 e-mail: psullpe@aol.com Town of Barnstable October 2, 2000 Board of Health Attn: Susan G. Rash, R.S., Chairperson 367 Main Street Hyannis, MA 02601 Via Fax: 508-790-6304 RE: Letter dated September 21, 2000 Variances/91 Ocean Drive, Hyanrusport Dear Board of Health, Today I received your letter granting variances on behalf of my client, Steven Giatrelis, for property located at 91 Ocean Drive in W Hyannisport. There is a condition listed as (2) which states "The dwelling structure shall not be increased in overall size square footage) as agreed to by the applicant". There appears to be a misunderstanding, as the applicant agreed that the foundation footprint would not increase in overall size. This condition is clearly stated on the approved plan. Please advise. Ve truly Yours, Q Peter Sullivan P.E. Sullivan Engineering Inc. Cc: Thomas McKean, R. S., CHO via fax 508-790-6304 Stephen Giatrelis via hand delivery Bernard Kilroy, Esq. via fax 508-790-775-7526 Members of American society of Civil Engineers, Boston society of Civil Engineers r1! DATE: _ FEE: 46-5-. 00 i wuvarusuWAAIL >ba�P � REC. BY Town of Barnstable SCRED. DATE: Board of Health 367 Main Street,Hyannis MA 02601 Office: 508-862A644 Susan G.Rask,R.S. FAX: 508-790.6304 Sumner Kaufman,M.S.P.H. Ralph A.Murphy,M.D. VARIANCE REQUEST FORM LOCATION /� Property Address:_ 7 /)r� e - l�l./ n i s pG r� Assessor's Map and Parcel Number: /� o2zpl /ar&f 0-4 Size of Lot: Wetlands Within 300 Ft. Yes ✓ Business Name: .•_._^ No Subdivision Name: _ APPLICANT'S NAME: 5 fi-v n n (�GZ�e-/,S Phone .5 OdP- //77 Did the owner of the property authorize you to represent him or her? Yes ✓ No PROPERTY OWNER'S NAME CONTACT PERSON Name: s J "� Name: l Cfet' Sulli✓Q,17 �� /Sl//l� ✓1G�7 ��f S/x Address: 6, `J jf 6Sfer✓y%/r rn4 Address:�A/eu' /i oC /�0(3oX GS Sfer✓)Y/e, /"`;` Phone �d— d '�j Doi D Phone: �6dp` ya,P-33 y/ VARIANCE FROM REGULATION(is1 Kre.) REASON FOR VARIANCE(May attach if more space needed) Maximum Feasible Compliance --"- Variances Required 1. 310CMR15.211(1):Minimum Setback Distances from property line 10(ten)feet required 0(zero)feet provided. 2. Town of Barnstable Part VIII:Onsite Sewage Disposal Regulations Section 1.00. The" 100 Foot"Regulation.Distance from salt marsh to be 100 feet 50(fifty)feet provided. Check/isl(to be completed by once staff-person receiving variance request application) _�—Four(4)copies of engineered plan submitted(e.g. septic system plans) _ Four(4)copies of floor plan submitted(e.g,house plans or restaurant kitchen plans) t,-' Applicant understands that the abutters must be notified by certified mail at least ten days prior to meeting date at applicant's expense(for Title V and/or local sewage regulation variances only) tV,4 Full menu submitted(for grease trap variance requests only) /V R Variance request application fee collected(nn fa fur br%v,3rd n,ndifieuiun resawals.sreom trip variaaee resawals(serne ownuileUea 0nIrl a+taidC and.uiaana to rapuir 1'4i!ed sw•aye dispuw tan l s)ss long'if no expansion to the buildiNg P dining valiance renewals(satro m+nealasx mly� , Variance request submitted at least 15 days prior to meeting date �r.` VARIANCE APPROVED Susan G.Rask C.S.,Chairman "o NOT APPROVED Sumner Kaufman,M.S.P&t. i r ;'A REASON FOR DISAPPROVAL _ Ralph A.Murphy,M.D. '�� - ` a: MAR 1/WP/VARIREo ' z 0 2000 • rot' 0FS 'r s EAL. EPAB STABLE �' V-i a r t SULLIVAN ENGINEERING,INC. 2-1-2-2 PETER SULLIVAN,P.E. P.O.BOX 659 OSTERVILLE,MA 02655 8 PAY IJOLLARS i 53-574-113 _1 DATE 7 f I CHECK NO. s ems, 116011 CAPE COD BANK AND TRUST COMPANY,N.A. ,yam, MASSACHUSETTSt,05 MEMO U w'�.1�✓A-�C- �li�- jLY/k.�/2..E/1' GC�. � _ _''_ ' 1 _ M+ i:OLL3057491: LOLOL31. 38 3no 2L22 's Town of Barnstable PH Department of Health,Safety,and Environmental Services Public Health Division Date _,�LOO 367 Main Street,Hyannis MA 02601 auuvarsei$ MAM E1639x+�\� Date Scheduled Ma_rM �i � a 000 Time IU: 00 9 rr)Fee Pd. �/00,eU Soil Suitability Assessment for Sewage Disposal Performed By:S U 1 1 i da/YI L n J)nCer;J)o -ZhC. Witnessed By: 1J. I"l 02a t o b I LOCATIQN & GENERAL INFORMATION Location Address C� QLt�Q I'1 �� 1`Ve Owner's Name LXSJ 6 W &t poloS� l'-ft,a,n njsl::�U!'fl,7 Address . G s ter,10)r, 0-7N Assessor's Map/Parcel: m� oZ t�6 6 a-r�60 3 Engineer's Name Pe-t L r S v 11,Vk r+ ►OE NEW CONSTRUCTION REPAIR x Telephone# 4/ai - 3.3/y Land Use K, S t O G(.I.Tt r4 t_. Slopes Surface Stones f\ w9 is Distances from: Open Water Body -500 - ft Possible Wet Area 50, . ft Drinking Water Well WA R Drainage Way tit 1A2 ft Property Line 10' ft Other 1 ft SKETCH:(Street name,dimensions of lot,exact locations of test holes&pert tests,locate wetlands in proximity to holes) al 9Cqm7Ddve s V 1 14 s oI 1 NGW \ (6I-L-=69' .. A ly.. /9/ A'M�ryR/ Q 9 - ♦ � �fMy QMHp s .\ h•1 \ � w \ u C\\\ems Edo o Shc 1loroD ao ha Parent material(geologic) 80-T W IDS r\ V'4^1 N Depth to Bedrock 6• Y Depth to Groundwater: Standing Water in Hole: l20 Weepingfrom Pit Face Estimated Seasonal High Groundwater AS •kO3 N6\1V 09 :TkMl(1ATIG11 'UR SEASONALGI�'VVATER'Y'A�L : Method Used: IS,19'S C V1 tG7 'I Depth Observed standing in obs.hole: in. Depth to soil mottles: ►,,& in. Depth to weeping from side of obs.hole: in. Groundwater Adjustment ft. Index Well#_.,_._,...,._ .Reading Date: Index Well level... Adi.factor Adj.Groundwater Level M PERCOLATION TEST Date 3,f T�tee "sit Observation Hole# _ 1 Time at 9" l0 ; 41 30 Depth of Perc a�,• Time at 6" t o. S0 , 00 Start Pre-soak Time® 16 30 Time(9"-6") End Pre-soak Rate Min./Inch 7—PA��\,0 E� �f0� Site Suitability Assessment: Site Passed T 65 Site Failed: NO Additional Testing Needed(Y/N) Original: Public Health Division Observation Hole Data To Be Completed on Back-� Copy: Applicant v. , DEEP OBSEI2�ATION DOLE LOG Hole# Depth from Soil Horizon Soil Texture Soil Color Soil Other Surface(in.) (USDA) (Munsell) Mottling (Structure,Stones,Boulderes. % O - V s: sue.►,, 2.15 O w Le A. ►8 -ZA A s��ry5,4n� Z,5.12s/l6 t�o ZA- 32 $ SA,"o At 32. IZO G, h10 inn c-vSan�n �—. AS C,z- z.5�( ?/3 DEEP OBSERVATION HOLE:LOG Hole# : Depth from Soil Horizon Soil Texture Soil Color Soil Other Surface(in.) (USDA) (Munsell) Mottling (Structure,Stones,Boulderes. % 6- 12 FILL S� �cKSrNo Z.S�$�•l 12- l(p wl.sa A s►�,-ts�wvo 'I Is I e 574 ►.lei . it�%e 33- )ZO 1Zo- tq$ Cz tM ro riEEP LALO BSERO ATY0� HO Depth from Soil Horizon Soil Texture Soil Color Soil Other Surface(in.) _ (USDA) (Munsell) Mottling (Structure,Stones,Boulderes. Consis endy.%Graygli DEEP OBSERVATION HOLE:LOG Hole;# Depth from Soil Horizon Soil Texture Soil Color SoilOther Surface(in.) (USDA) (Munsell) Mottling (Structure,Stones,Boulderes. % Flood Insurance Rate Map: Above 500 year flood boundary No X Yes Within 500 year boundary -140_ Yes Within 100 year flood boundary No_ Yes Depth of Naturally Occurring Pervious Material Does at least four feet of naturally occurring pervious material exist in all areas observed throughout the area proposed for the soil absorption system? Yi~5 If not,what is the depth of naturally occurring pervious material? Certification, I certify that on �'�-«- (date)I have passed the soil evaluator examination approved by the Department of Environmental Protection and that the above analysis was performed by me consistent with the required training,expertise and experience described in 310 CMR 15.017. D Date 3 Signature ._r, l t'o Z� i v�tHET � Town of Barnstable Department of Health, Safety, and Environmental Services • BMWSTABLE, MASS. Public Health Division 039• ♦0 prFD t��a P.O.Box 534,Hyannis MA 02601 Office: 508-862-4644 Thomas A.McKean,RS,CHO FAX: 508-790-6304 Director of Public Health April 25,2000 Mr. Peter Sullivan, P.E. Sullivan Engineering Inc. 7 Parker Road, P.O. Box 659 Osterville, MA RE: Variances Requested/91 Ocean Drive, Hyannisport Dear Mr. Sullivan, Your application for variances dated March 4, 2000 is incomplete. The Board strongly suggests you provide the following information: • Proof(e.g. easement, deed) that the property owner has the right to install a septic system in this private night-of-way. • Information that the installation of a septic system installed in this private way would not affect future passage through this way, including potential future paving and potential use of the private way as a road. • Information that the installation of a septic system in this private way would not adversely affect the Cormays' property. It was suggested that the proposed grading changes would channel water into the marsh and onto the Cormays' property. If you should have any questions, please feel free to telephone me at 862-4644. We will see you at the site visit this Friday afternoon. Sincerely Yours, 4omas A. McKean, R.S., C.H.O. g , cc: Attorney Kilroy V K " Sullivan Engineering Inc. 7 Parker Road Box 659 Osterville MA 02655 Peter Sullivan P.E . Mass. Registration No. 29733 Phone 508-428-3344 Fax 508-428-3115 e-mail: psullpe@aol.com July 31, 2000 Board of Health Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: 91 Ocean Avenue, W Hyannisport/Giatrelis/ Map 266 Parcel 003 Dear Board of Health, Please find attached revised plans for the Giatrelis property at 91 Ocean Avenue in W Hyannisport. What I have attempted to do is incorporate all relevant comments that have been made to date. As you can see on Sheet 4 of 5, we are proposing an alternative which incorporates a cut off wall. The intent of this alternative is that in the event of a prolonged appeal process, as a minimum, we will be able to upgrade the septic system. I have attached a sketch plan which shows a leach field footprint which complies with Title 5. The unstated obvious is that all work is proposed within a state defined non-eroding coastal bank. In spite of the fact that we are within the non-eroding coastal-bank, we can comply with Title 5 setbacks to all other resources. I have also attached a second sketch which delineates bottom area of the proposed system. I trust this meets your present needs and I 'look forward to your favorable review. MivanP OF Peter Su PETER SUUIVAa Sullivan Engineering Inc. R.293s � CIVIL cc: ThomasA. McKean, RS, CHO, Director of Public Health -� Carlos T. B. Fragata/DEPSERO Arlene Wilson/A M Wilson Associates, Inc. Members of American Society of Civil Engineers, Boston Society of Civil Engineers 0 c O- a Hl-- a r � I o � on,c a o O onew (40' Wide — Private Way) ve Drive t 453+SF / Lawn 80,00, S 85 27' E 65' 60.00' _ conc L=20.69 TBM E1=6.11' NGVD Entry N Top o f CB/DH x A / #91 FF )0.1'(MSL) OS Existing Dwelling elk A 8 � / I OF Brick 65' Chimney Conc �R wall $ULI�NO.���IV 67 A 6� CIVIL h 4 \ Wood \ Deck Lawn A5 Q A 3 A2 Resource Line Elaq (as Flagged by ENSR Pole Edge of 0 10 20 30 40 FEET Phrogmites Sullivan Engineering, Rnc. C apsSUN Sheet Title: Sketch Man Showbg PO Box 659 7 Parker Road Leach Ama Q®mpbtiA&don Osterville, MA 02655 Osterville MA 02655 99 Ocean Ddve West Hyannispou?MA (508)428-3344 (508)428-3115 fax (508)420-3994 (508)420-3995 fax PSullPE@ool.com copesurv@copecod.net Date July 10, 2000 DW9 # C421p1 ` o uV � c _ o HII- off a -Q Oceen (40' Wide — Private Way o ��=' PN �- 353.1±SF — fit D'ive AUG t (Per=98.0±') 10" To ASP Affective Total Area = 451±SF = \Lawn 10'� 80,00, S 85 27'00" ' 60.00' .91 - Conc L=20.6g TBM EI=6.II' NGVD Entry 10' Top o f CB/DH = A 7 / #91 FF=10.1�MSL) � OS 50' Existing Dwelling. Blk� A8 / H��� Brick Chimney Conc UU11,1 A Wall SIVAIO NO��� 7v' A6� r• r; \ / IL% \ \ Wood 0 Deck Lawn \ A5lZ A4 A 3 —I� A2 Resource Line (as Flagged by ENSR Flag 0 Pole Edge of 0 10 20 30 40 FEET s� Phrogmites N �a 0 aSUN Sheet Title: Sketch Man S54Ao�OOi1 �llll��ll�1�Il� O Box llll9P]I°ll]Cll�9 ���. p �906 m Leach Area Nebacks PO Box 659 7 Parker Road 99 Ocean DPlve Osterville, MA 02655 Osterville MA 02655 West Hyannippoe MA (508)428-3344 (508)428-3115 fax (508)420-3994 (508)420-3995 fax PSullPE@ool.com copesurv@ccpecod.net Date July 10, 2000 Dwg # C421pl �r s ve p rfdCL'^ jot oG i.,w�� i t ,-•�SJti u.�,vcQ. o� r N � X " `e . a A.M.Wils>un Associates Inc. Barnstable Board of Health Town Hall 367 Main Street Hyannis, MA 02601 Re: 91 Ocean Avenue, West Hyannisport (our file 2 . 01014 . 0) Dear Board Members; On behalf of our clients, Mr. & Mrs. Charles Cormay, abutters to the above captioned site, we offer these comments on plans for septic system design and grading at 91 Ocean Avenue, West Hyannisport, revised through 7/7/00 ' and provided to the Board under cover letter dated 7/31/00 from Sullivan Engineering. 1) Easements - As shown on sheet12 of 5 of the plans, the current design requires work to be performed on land not under the ownership or control of the applicant. This includes land owned by the Cormays and land owned by the Town of Barnstable taken for purposes of a public road. . 310 CMR 15.404 (2) (d) states that doing work required for the construction and maintenance of an.. on'-site septic system on land owned by persons other than the" applicant is only allowable pursuant to a valid, recorded easement, which the applicant does not currently hold. 2) Reserve Area - The plan continues to show no reserve area. No Variance from Title 5 or local regulations has been requested for relief from this requirement. It is not one of the areas which can be varied under a Local Upgrade Request. The note on sheet 5 of the plans is incorrect in that Title 5 presumes that if a Primary Leaching Area is abandoned in favor of a Reserve Area, the former Primary Area will then be available as a Reserve. In other words, there will always be one active, and one fallow leaching area on any developed lot. In this case, the area around the existing cesspool is inadequate to serve as a Reserve, it being too small and too close to the dwelling, lot lines, and resource areas. Therefore, the applicant must show a Reserve Area on the plan or, alternatively, must request a .Variance to allow for the situation described in the engineer ' s note on sheet 5. If such a Variance were to be granted, it then makes the need for the i P.O. Box 486 508 375 0327 3261 Main Street Barnstable, MA 02630 FAX 375 0329 easement discussed under paragraph 1, above, all the more important. 3) Resource. ,,ntbacks - As to setbacks from wetlLl7d resource areas, the Code does allow for miniminization of such setbacks under local upgrade approvals. However, it does not speak to the situation where a system is to be installed IN a resource area. The present design requires the entire SAS to be installed in a Coastal Bank as defined under MGL CH. 131, sec. 40 and 310 CMR 15. We would remind you that the Barnstable Conservation Commission has denied this project (not once, but twice) and that it is under appeal at both DEP and the Superior Court. The denial did not concern itself with the Coastal Bank alteration because the design under consideration at the Conservation Commission did not require it. The issue will undoubtedly be reviewed by the Department and the Court. 4) Water Service - It appears that the water service is being relocated. Although the segregation of design elements on different plan sheets makes it very difficult to determine with" certainty, it appears that the water line will run through the southwest end of the cutoff wall for the septic system. It also appears that the relocation is planned in such a way as to force the relocation of an existing hedge (in spite of notes indicating the hedge is to be replaced in place, it cannot be reinstalled directly over the water service) and to eliminate the potential for placing public utilities (gas, electricity, and telecommunications underground within the street layout should it ever be necessary to do so. 5) Lastly, as we have suggested previously,no consideration has been given to the issue of effluent treatment. Not only does 310 CMR 15 . 404 (1) (b) require innovative treatment to be proven infeasible prior to the approval of a Local Upgrade. Request, but 310 CMR 15 . 405 (1) states that in granting Local Upgrade Approvals "The approving authority should emphasize protection of water resources and treatment of sanitary sewage." The applicant has stated publicly that he intends to live in this house year round with his family. Under such occupancy conditions, a nitrogen removal system would function well. Thus, compliance with Title 5 would seem to require the consideration of at least nitrogen removal, and, perhaps, UV disinfection as well, for this site. There are, as the Board is aware, several units A�l I - 11 asa)2ELL- P j • I which can be installed in the septic tank without above ground housings which would not impose extraordinary expense on the project ect ��- to J � interfere with use of the driveway. This type. of - arbditional: trey r°rent makes sense for this site, considering th very rapid local permeability rates and the proximity to shellfish beds, finfish nurseries, and waters used for contact recreational purposes. 6) Property Rights - Lastly, we continue to assert that the design as currently proposed will cause flooding on our clients ' property and will limit the ability of those with rights in the private way to use the way in accordance with historic usage and legal rights. RECOMMENDATIONS We would, therefore, recommend that any Local Upgrade Authorization and Variance granted by the Board include, not only the language recommended by the Town Attorney, but also additional conditions designed to ensure compliance with regulatory requirements for the obtaining of easements, wetlands approvals, and road utilization 'rights prior to the issuance of any DWIP. Attached please find suggested language for conditions to accomplish those goals. Thank you for your consideration in this matter. Yours; A. M. WILSON ASSOCIATES, INC. Arlene M. Wilson, PWS Principal Environmental Planner attachment cc: Atty. Arthur Hyland Charles Cormay DEP Steve Giatrellis 0800aw02 Town of Barnstable °CjNE 'O�ti° Regulatory Services y # Thomas F. Geiler,Director `* 1ARNSPABLE, " p • •9 MASS. 3 0 s6 q. Public Health Division . .eIFD MA'S a Thomas McKean,Director 200 Main Street,Hyannis,MA 02601 Office: 508-862-4644 Fax: 508-790-6304 February 25, 2005 Sullivan Engineering, Inc. Peter Sullivan, P.E. 7 Parker Road PO Box 659 Osterville, MA 02655 RE: 91 Ocean Drive —West Hyannisport Dear Mr. Sullivan: I am in receipt of your letter dated February 17, 2005. 1 confirm that the disposal construction permit number 2004-364 is valid for replacement of the septic system at 91 Ocean Drive, West Hyannisport. This permit will expire on 7/20/2007. I understand there may have been some confusion because the December 2000 variance from the Board of Health was valid for only three years. However, the applicant obtained a valid disposal works construction permit within that three year period. That permit was valid until August 13, 2004. He renewed his permit on July 21, 2004, approximately three weeks before its expiration date. If you should need an additional assistance in this regard, please feel free to contact me. Sincerely yours, Thomas A. McKean, RS, CHO Director of Pubic Health Town of Barnstable 1 TMK:j sa r SULLIVAN ENGINEERING INC. 7 PARKER ROAD/P O BOX 659 OSTERVILLE, MA 02655 Peter Sullivan P. E. Mass Registration No. 29733 psullpe@aol.com phone 508-428-3344 fax 508-428-3115 February 17, 2005 Thomas A. McKean, R. S. CHO Director, Public Health Division Town of Barnstable 200 Main Street Hyannis, MA 02601 RE: 91 Ocean Drive, W Hyannisport Disposal System Construction Permit 2004-364 Dear Mr. McKean, The chairman of the ZBA has requested that you affirm/confirm the existing Disposal System Construction Permit 2004-364 for repair/replacement of the failed septic system at 91 Ocean Drive in W Hyannisport. As a brief history of the project, the Board of Health granted variances to install the system in the fall of 2000. We secured the Disposal Permit in August of 2001. However, due to abutter appeals of the Conservation Commission Order of Conditions, we have been unable to begin the project. The Disposal Permit was renewed last July (2004) as permit number 2004-364. We are presently in the process of seeking ZBA approval for the project. Due to fire in the dwelling, the house is presently unoccupied and will remain so. I have attached copies of the Variance as well as the renewed permit. Would you please affirm that the Disposal Construction Permit 2004-364 is valid and will expire unless acted upon by July 2007. Thank you in advance for your efforts. Ve truly yours, Peter Sullivan, P. E. Sullivan Engineering Inc. Cc: Bruce Gilmore, Esq. Bernard Kilroy, Esq. Zoning Board of Appeals Members of American Society of Civil Engineers, Boston Society of Civil Engineers Bk 14129 P'91Z)'6 �:z�'a� ! ! TOWN OF BARNSTABLE Corrected December 11,2000 �OFTNE Tp�♦ Q$-1 —2001 07 02 D 220 ,YQ v OFFICE OF i BAIMMM ; BOARD OF HEALTH 039. �w0� 367 MAIN STREET ON HYANNIS,MASS.02601 December 11, 2000 Peter Sullivan Sullivan Engineering 7 Parker Road P. O. Box 659 Osterville, MA 02655 fi RE: 91 Ocean Drive, West Hyannisport Dear Mr. Sullivan: You are granted variances on behalf of your client, Stephen Giatrelis, to install an onsite sewage disposal system at 91 Ocean Drive, Hyannisport, Massachusetts. The variances granted are as follows: 310 CMR 15.211: To install a soil absorption system zero (0) feet away from the property line, in lieu of the minimum setback of ten (10) feet required. 310 CMR 15.211: To install a septic system completely within a State defined non-eroding bank, in lieu of the minimum fifty (50) feet setback required by the State Environmental Code and in lieu of the 100 feet minimum setback as required by the Town of Barnstable Health Regulation Part VIII, Section 10.0. Part Vill, Section 10.0: To install a soil absorption system 65 feet away from a watercourse and 85 feet away from a salt marsh, in lieu of the 100 feet minimum setback required. These variances are granted with the following conditions: (1) No'more than three (3) bedrooms are authorized at this site. Dens, study rooms, finished attics, sleeping lofts, and similar type rooms are _ ocean L `U w Corrected December 11,2000 considered "bedrooms" according to MA Department of Environmental Protection. The square (2) qua a footage of the existing footprint of the dwelling shall not be increased in overall size as agreed to by the applicant. (3) The applicant shall obtain the approval of the Conservation Commission prior to obtaining a disposal works construction permit from the Health Division. (4) The rights of all others, including the Town, to construct and maintain utilities in the way shall not be impeded or infringed upon in any way. (5) If construction of the permitted works is restrained or enjoined due to civil actions taken by other private parties and it is impossible to complete the works according to the permit, that may render the dwelling uninhabitable and the applicant is aware. of and accepts the risk. (6) All easements needed.for the project shall be obtained. (7) This Board of Health decision shall be recorded at the Registry of Deeds. The rights provided which allow the Giatrellis' to place the on-site disposal system within the road which they own is specifically subordinated to the rights of the town to install public utilities therein, including, but not limited to: sewer, water, electricity and telephone and these rights are perpetual. These variances are granted because the existing cesspool was full of sewage effluent, over the inlet pipe, at that time of inspection on October 16, 1999, and as therefore "failed". The proposed onsite sewage disposal system meets the maximum feasible compliance standards contained within the State Environmental Code, TitleV. Si erely yo n ask, S. Chairperson Board of Health Town of Barnstable SGRlbcs ocean No. Fee • �r !! Entcrcd in computer: I - �Cb�f — �p�THE COMMONWEALTH OF MASSACHUSETTS Yea PUBL4IC HEALT DIVISION-TOWN OF BARNSTABLE,MASSACHUSETTS - application for�Digponl 9ppmem Construction Permit a Application for a Permit to Construct Repai^r_(,.)Upgrade(K�Abandon( ) �l Complete System 0Individual Components Localioo Address.or lot No.':9 I Oe-SNks, V Q\J Is- Owner's Name,Address and Tel.No. 55 `=62-S'54 q w,Nyavra\sPo2� CJ e�ArT`(CoeP Assessor's Map/Percel �e},'.00 645 g dAAI q�S T Ds}'E2�/r l-r_G MA l 3 ozrosS lastaller s Name Address and TCI No - D�s rqner's Na9�e,Address end MC Te No. 'J�'AZb-33{[' l�J LAA VArV FA>S OJ LEtLtN(��,VG 11. qla �r -1?a2r-G-2.V. o CxTeir-vt\.t-G MA ca(-55 "' cF�+cassEsse Type p�°Be ' x oo s r 3 Lot Size O'G 2 sq. Garbage Grinder(tJO Othe utli ing No.of Persons Showers( ) Cafeteria( ) , e a. d gallons per day.Calculated daily now �3s gallons. Ian SAC— O to umber of sheets S Revision Date t♦u L.1 4G. ?XT)I T;•U6 G'enronon�s Pr.n $ _ Ews 6ru �(; �5 J S Septic Tank'.` 152hC 7 Type of S.A.S. 1-EaLt*1,10 t3� r:.,,:art Dori tlod;of Soil '�l o-t2"�-'t r_� l2"-16° 5 SAruo�(�Aw\ 2S`125/1 �0'_Zqr/�IS IZ ". �v '65M1D toY£C/6 32 l2p"Ct CSavo 2.SY2 6!4 t20-140 CZ M$A o z•SY2 L/4 f�12-`ib'O`�S/tni•na z,SVQ-5/1 t6-23"A Bt�rY$MvoT SY�s/(o z3''-33 6S�wo 1o[r2dC 33-\Zp'•�-t tZp-tq�- Coaou,uo V-4rmrw_2,o Ib6VD Nature of Repairs or Alterations(Answer when applicable) f ENGINEER ._ CE PERVI, Date last inspected: J iNCE TO p AuED IN STRICT r Agreement: The undersigned agrees to ensure the construction and maintenance of the afore described on-site sewage disposal system in accordance with the provisions of Title 5 of the Environmental Code and not to place the system in operation until a Certifi- cate of Compliance has been issued by this Board of Health. Signed Date Application Approved by Application Disapproved for the following reasons Permit No. Date Issue C -- a�p�� ------ _ THE C MMONWEALTH OF MASSACHUSETTS BARNSTABLE,MASSACHUSETTS Certificate of ConipligAlce ^IGNInI�.,E THIS IS TO CERTIFY,that the On-site Sewage Disposal System C011A t,IF 10 CERTIFY U Ngip R� ) Abandoned( )by T1 V S - nI at 1 �CC-h p„ ACCORDAN I.1-1 r uce i�aA;N9 ce with the provisions of Title 5 and the for Disposal System Construction Permit No dated Installer Designer The issuance of this permit shall not be construed as a guarantee that the system will function as designed. Date Inspector —————— ———————————————————————— i No. �(�t( THE-COMMONWEALTH OF MASSACHUSETTS S v `PUBLIC HEALTH DIVISION-BARNSTABLE,MASSACHUSETTS L Migpogal&pgtem Congtruction Permit Permission is hereby granted to Construct( )Repair( )Upgrade(p( )Abandon( ) System located at 91 �CRI.I d�2\lIG �/��F`/hl�f�!lG it rNrimprn MUST SUPEfV iGG "';•1 AND CERTIFYWAS INSTALLED IN STRICT. and as described in the above Application for Disposal System Construction Permit.The applicant recognizes his/her duty'to comply with Title 5 and the following local provisions or special conditions. Provided:Construction must be completed within three years of the date of.this permit. Date: Approved by O �M U TOWN OF BARNSTABLE Cor► cted December 11;2000 �E THE TO P� wo OFFICE OF { BOARD OF HEALTH "ZlDbq 36 ,9 aiaa�°rsaLs, ! 9po M639 � 367 MAIN STREET a Mn� HYANNIS,MASS.02601 December 11, 2000 Peter Sullivan Sullivan Engineering 7 Parker Road P. O. Box 659 Osterville, MA 02655 RE: 91 Ocean Drive, West Hyannisport Dear Mr. Sullivan: You are granted variances on behalf of your client, Stephen Giatrelis, to install an onsite sewage disposal system at 91 Ocean Drive, Hyannisport, Massachusetts. The variances granted are as follows: 310 CMR 15.211: To install a soil absorption system zero (0) feet away from the property line, in lieu of the minimum setback of ten (10) feet required. 310 CMR 15.211: To install a septic system completely within a State defined non-eroding bank, in lieu of the minimum fifty (50) feet setback required by the State Environmental Code and in lieu of the 100 feet minimum setback.as required by the Town of Barnstable Health Regulation Part VI11, Section 10.0. Part Vill, Section 10.0: To install a soil absorption system 65 feet away from a watercourse and 85 feet away from a salt marsh, in lieu of the 100 feet.minimum setback required. These variances are granted with the following conditions: (1) No more than three (3) bedrooms are authorized at this site. Dens, study rooms, finished attics, sleeping lofts, and similar type rooms are ocean Corrected December 11,2000 considered "bedrooms" according to MA Department of Environmental Protection. F (2) The square footage of the existing footprint of the dwelling shall not be increased in overall size as agreed to by the applicant. (3) The applicant shall obtain the approval of the Conservation Commission prior to obtaining a disposal works construction permit from the Health Division. - (4) The rights of all others, including the Town, to construct and maintain utilities in the way shall not be impeded or infringed.upon in any way. (5) If construction of the permitted works is restrained or enjoined due to civil actions taken by other private parties and it is impossible to complete the works according to the permit, that may render the dwelling uninhabitable and the applicant is aware of and accepts the risk. (6) All easements needed for the project shall be obtained. (7) This Board of Health decision shall be recorded at the Registry of Deeds. The rights provided which allow the Giatrellis' to place the on-site disposal system within the road which they own is specifically subordinated to the rights of the town to install public utilities therein, including, but not limited to: sewer, water, electricity and telephone and these rights are perpetual. These variances are granted because the existing cesspool was full of sewage effluent, over the inlet pipe, at that time of inspection on October 16, 1999, and as therefore "failed". The proposed onsite sewage disposal system meets the maximum feasible compliance standards contained within the State Environmental Code, TitleV. Si erely yo ' 41 n ask, S. Chairperson _.. Board of Health Town of Barnstable SGR/bcs ocean U-3 COMMONWEALTH OF MASSACHUSETTS BARNSTABLE SS. SUPERIOR COURT C.A. NO. 98-133 In the matter of: A TRUE COPY ATTEST CHARLES CORMAY, y/oZyr/ PlaintiffrL 0 DEPUTY SHERIFF VS. STEPHEN J. GIATRELIS, CSJ REALTY CORP., and JOHN ABODEELY, ALBERT O. BARBOUR, SCOTT BLAZIS,DEBORAH J. SHIFLETT-FITTON, ROBERT A. LANCASTER, and CARL RIEDELL, as they are the Members of the BARNSTABLE CONSERVATION COMMISSION, and the TOWN OF BARNSTABLE, Defendants To: THE DEEPER OF THE RECORDS BARNSTABLE BOARD OF HEALTH TOWN OF BARNSTABLE 367 MAIN STREET, HYANNIS,MA 02610 YOU ARE HEREBY REQUIRED, in the name of the Commonwealth of Massachusetts, to appear at the Trial of the above referenced action at the Barnstable Superior Court, Town of Barnstable, County of Barnstable, Commonwealth of Massachusetts, on the 29'h day of April, 2003, at nine o'clock in the forenoon, and from day to day thereafter, to give evidence of what you know relating to the above-entitled action. YOU ARE ALSO ORDERED to bring with you the following documents: 1. The complete files of the Board of Health regarding the property located at 91 Ocean Drive, West Hyannisport, Massachusetts ("Property") including, but not limited, to the following documents: a. Applications for subsurface sewage disposal system permits filed by Stephen J. Giatrelis and/or CSJ Realty Corp. regarding the Property; h b. Variance Requests filed by Stephen J. Giatrelis and/or CSJ Realty Corp. regarding the Property; c. Any and all correspondence and/or other written communications submitted by Stephen J. Giatrelis or CSJ Realty Corp., or their agents and representatives (including Peter Sullivan, P.E. and/or Sullivan Engineering, Inc.)regarding the Property; d. Any and all correspondence and/or other written communications submitted by abutters and or members of the public regarding the Property; e. Any and all plans submitted by Stephen J. Giatrelis and/or CSJ Realty Corp. regarding the Property; f. Any and all subsurface sewage disposal system permits issued with respect to the Property including all permits issued to Stephen J. Giatrelis or CSJ Realty Corp.; g. Any and all plans that relate to, or are referred to by, any subsurface sewage disposal permits regarding the Property. h. Any and all variances issued with respect to the Property including all variances issued to Stephen J. Giatrelis or CSJ Realty Corp.; i. Any and all plans that relate to, or are referred to by, any variances issued with respect to the Property. 2. Any and all documents you may have in your possession pertaining to the above entitled matter. HEREOF FAIL NOT, as you will answer your default under the pains and penalties in the law in that behalf made and provided. Dated thisN day of April, 2003 at Barnstable Massachusetts. Notary Public My Commission Expires: SHARON A.ALVEZI NOTARY PUBLIC . Cion Expires Nov 20,2003 s Robert S. Troy, Esq. Robert S. Troy & Associates 90 Route 6A Sandwich, MA 02563 Ph. (508) 888-5700 Fax (508) 888-5701 SLU VAN ENGINEERING INC. 7 PARKER ROAD/P O BOX 659 OSTERWLLE, MA 02655 Peter Sullivan P. E. Mass Registration No. 29733 psullpe@aol.com phone 508-428-3344 fax 508-428-3115 June 3, 2002 Edward Barry Town of Barnstable Health Division . 200 Main Street Hyannis, MA 02601 RE:.:91--Ocean Drive, West Hyannisport- Board of Health permit 2001-554=. Dear Mr. Barr y, We have secured a Board of Health permit for this project. However, due to an appeal of the Order of Conditions from Conservation Commission by an abutter, we are presently awaiting a Superseding Order of Conditions from DEP in Lakeville. Carlos T. Fragata is our contact (508-946-2885) for this project at the r DEP level. As I understand it, they are about ready to issue an SOC. As soon as we receive the Order, we will schedule the septic work to begin. I trust this meets your present needs. If you have any questions, please feel free to call. V truly yours, � C 0 J Peter Sullivan PE Sullivan Engineering Inc. Cc: Carlos T: Fragata, DEPSERO Conservation Commission, Town of Barnstable c Stephen Giatrelis+ Bruce Gilmore, Esq. Members of American Society of Civil Engineers, Boston Society of Civil Engineers SE3-3635 Giatrelis Approved Plan= July 26,2001 Revised Site Plans(2 sheets)by Peter Sullivan,PE Special Conditions of Approval 1. Within one month of receipt of this Order of Conditions and prior to the commencement of any work approved herein, General Condition number 8(preceding page)shall be complied with. 2. The work limit shown on the approved plan shall be strictly observed. 3. The work limit line shown on the approved plan shall be staked in the field by the project surveyor/engineer prior to the start of work. 4. Prior to the start of work,staked strawbales backed by trenched-in siltation fencing shall be set along.the approved work limit line. Effective sediment controls shall remain until the site is stabilized with vegetation. 5. There shall be no disturbance of the site,including cutting of vegetation,beyond the work limit. This restriction shall continue over time. 6. Prior to construction,a sequence of 35 min color photographs showing the undisturbed buffer zone shall be submitted to the Conservation Commission. At the time of the request for a Certificate of Compliance,another updated sequence shall be submitted. 7. The Conservation Commission shall receive 1 week advance notice of the start of work(our phone . number is 508-862-4093) 8. Upon completion of the foundation for the house,the project surveyor or engineer shall provide in writing to the Commission verification of the approved siting of the foundation,and of the approved location and condition of the sediment controls(strawbales)deployed at the site. Once the foundation is laid,no further work on the project shall occur until the verification is signed off in writing by the Conservation Commission. 9. All areas disturbed during construction shall be revegetated immediately following completion of work at the site. No areas shall be left unvegetated or unmulched for more than 30 days. r 10. All proposed lawn areas shall be underlain with a minimum of 4 inches of organic loam. 11. The applicant shall abstain from any and all use of lawn care chemicals,herbicides,pesticides and fertilizers within 100 feet of the(RESOURCE AREA). 12. Drywells or graveled trenches along the drip lines shall be installed to accommodate roof runoff. 13. The driveway shall be constructed of pervious material. 14. Work limit markers(wood stakes)shall remain until a Certificate of Compliance is issued for this proj ect. 15. All plan notes dealing with landscaping shall be carried out. 16. The catch basin for capturing road runoff shall be installed and maintained as proposed. 17. A low split rail fence shall be placed along the work limit as part of the final landscaping. 18. At the completion of work,or by the expiration of the present permit,the applicant shall request in writing a Certificate of Compliance for the work herein permitted. Where a project has been completed in accordance with plans stamped by a registered professional engineer, architect, landscape architect or land surveyor, a written statement by such a professional person certifying substantial compliance with the plans and setting forth what deviation,if any,exists with the record plans approved in the Order shall accompany the request for a Certificate of Compliance. 3 } Commonwealth of Massachusetts For e ofE Use Onh Executive Office of Environmental Affairs Executive Office of Environmental Affairs g MEPA Office EOEA No.: . Environmental MEPA Analyst: Phone: 617-626- ENF Form The information requested on this form must be completed to begin MEPA Review in accordance with the provisions of the Massachusetts Environmental Policy Act, 301 CMR 11.00. Project Name: Septic System Upgrade/Ocean Drive Street: 91 Ocean Drive Municipality: Barnstable West H annis ort Watershed: Cape Cod Universal Transverse Mercator Coordinates: Latitude: 41 38' 02" 4609800 N 390195E Longitude: 70 19' 06" Estimated commencement date: ASAP Estimated completion date: 2 wks after start Approximate cost: $15,000.00 Status of project design: 100 %complete Proponent: Stephen Giatrelis Street: 106 Cape Drive Munici alit : Mash pee State: MA Zip Code: 02649 Name of Contact Person From Whom Copies of this ENF May Be Obtained: Peter Sullivan, P. E. Firm/Agency: Sullivan Engineering Inc. Street: 7 Parker Road/P O Box 659 Municipality: Osterville State: MA I Zip Code: 02655 Phone: 508-428-3344 Fax: 508-428-3115 E-mail: psullpe@aol.com Does this project meet or exceed a mandatory EIR threshold (see 301 CMR 11.03)? ❑Yes ®No Has this project been filed with MEPA before? ❑Yes (EOEA No. ) 10 No Has any project on this site been filed with MEPA before? ❑Yes (EOEA No. ) ®No Is this an Expanded ENF(see 3ol CMR 11.05(7)) requesting: a Single EIR?(see 301 CMR 11.06(8)) ❑Yes ©No a Special Review Procedure? (see 301CMR 11.09) ❑Yes ®No a Waiver of mandatory EIR? (see 301 CMR 11.11) ❑Yes 0 No a Phase I Waiver? (see 301 CMR 11.11) ❑Yes ❑No Identify any financial assistance or land transfer from an agency of the Commonwealth,'including the agency name and the amount of funding or land area (in acres): N/A Are you requesting coordinated review with any other federal, state, regional, or local agency? ❑Yes(Specify ) ®No List Local or Federal Permits and Approvals: Approved Town of Barnstable Conservation Commission/DEP file number SE3-3635 issued 08/07/01; Comm of Mass Public Health Division &Town of Barnstable Disposal System Construction permit r number 2001-554 issued 08/14/01 I P..-;,.A M/00 Which ENF or EIR review threshold(s) does the project meet or exceed (see 301 CMR 11.03): ❑ Land ❑ Rare Species ® Wetlands, Waterways, &Tidelands ❑ Water ❑ Wastewater ❑ Transportation ❑ Energy ❑ Air ❑ Solid & Hazardous Waste ❑ ACEC ❑ Regulations ❑ Historical &Archaeological Resources Summary of Project Size Existing Change Total State Permits & & Environmental Impacts Approvals ® ® Order of Conditions Total site acreage 0.62 ❑ Superseding Order of Conditions New acres of land altered y ❑ Chapter 91 License Acres of impervious area 400 SF Minus 400SF 0 ❑ 401 Water Quality driveway Certification Square feet of new bordering ❑ MHD or MDC Access Permit vegetated wetlands alteration ❑ Water Management Square feet of new other Act Permit wetland alteration ❑ New Source Approval Acres of new non-water ❑ DEP or MWRA dependent use of tidelands or Sewer Connection/ waterways Extension Permit , Other Permits • • (including Legislative Approvals) - Specify: : ., Gross square footage 164s Minus 5 1644 Board of Health permit Number of housing units one None One Maximum height(in feet) 35'per zoning ',:'�. ,-TRANSPORTA Vehicle trips per day N/a i Parking spaces N/a WATER/WASTEWATER Gallons/day (GPD) of water 550 Minus 220 330 use GPD water withdrawal GPD wastewater generation/ treatment mains Length of water/sewer (in miles) CONSERVATION LAND: Will the project involve the conversion of public parkland or other Article 97 public natural resources to any purpose not in accordance with Article 97? ❑Yes (Specify ) ®No Will it involve the release of any conservation restriction, preservation restriction, agricultural preservation restriction, or watershed preservation restriction? ❑Yes (Specify ) ®No ' RARE SPECIES: Does the project site include Estimated Habitat of Rare Species, Vernal Pools, Priority Sites of Rare Species, or Exemplary Natural Communities? ❑Yes (Specify ) ®No HISTORICAL /ARCHAEOLOGICAL RESOURCES: Does the project site include any structure, site or district listed in the State Register of Historic Place or the inventory of Historic and Archaeological Assets of the Commonwealth? ❑Yes (Specify ) 19 No If yes, does the project involve any demolition or destruction of any listed or inventoried historic or archaeological resources? ❑Yes (Specify ) ®No AREAS OF CRITICAL ENVIRONMENTAL CONCERN: Is the project in or adjacent to an Area of Critical Environmental Concern? ❑Yes (Specify ) ®No PROJECT DESCRIPTION: The project description should include (a) a description of the project site, (b) a description of both on-site and off-site alternatives and the impacts associated with each alternative, and (c) potential on-site and off-site mitigation measures for each alternative (You may attach one additional page, if necessary.) Although the proposed project for this site in its entirety includes an extensive remodeling of the existing single family dwelling and grading as well as the septic upgrade of a failed system, the only portion of the project which can be interpreted as falling within the threshold of requiring the filing of the ENF is that of the septic system upgrade, as the work for the proposed septic system is located within a state defined coastal bank. The purpose of this project is to repair the existing septic system for the single family dwelling at 91 Ocean Drive. The project site is a residential property with a home built in circa 1933. The property is approximately 0.62 acres. The existing home fronts a BVW and salt marsh and resides in the 100- year floodplain. There is no public sewer available and therefore continued on site treatment if the only solution. The new septic system is to be located within Ocean Drive, which is a private way. Presently, road run off, from Third Ave., which is a public way, discharges onto Ocean Drive. At.the present time, only a portion of Ocean Drive is paved and there is no road drainage. The area where the septic system is proposed, meets the State Definition for Coastal Bank. As mitigation, the owner has proposed to reduce the number of bedrooms within the house thus reducing the size of the septic system required. The owner has also_ proposed drainage within Ocean Drive and to not repave his access. 11 LAND SECTION— all proponents must fill out this section I. Thresholds / Permits A. Does the project meet or exceed any review thresholds related to land (see 301 CMR 11.03(1) _Yes X, No; if yes,.specify each threshold: II. Impacts and Permits A. Describe, in acres, the current and proposed character of the project site, as follows. Existina Change Total Footprint of buildings existing 1649 SF proposed 1644 SF net change of minus 5 SF Roadways, parking, and other paved areas 400 SF Other altered areas (describe) increase buffer to BVW oy +250 5+= Undeveloped areas B. Has any part of the project site been in active agricultural use in the last three years? Yes �< No; if yes, how many acres of land in agricultural use (with agricultural soils) will be converted to nonagricultural use? C. Is any part of the project site currently or proposed to be in active forestry use? _Yes �!L No; if yes, please describe current and proposed forestry activities and indicate whether any part of the site is the subject of a DEM-approved forest management plan: D. Does any part of the project involve conversion of land held for natural resources purposes in accordance with Article 97 of the Amendments to the Constitution of the Commonwealth to any ' purpose not in accordance with Article 97?_Yes :�<_ No; if yes, describe.- E. Is any part of the project site currently subject to a conservation restriction, preservation restriction, agricultural preservation restriction or watershed preservation restriction? )<Yes _ No; if yes, does the project involve the release or modification of such restriction? _ Yes _X. No; if yes, describe: F. Does the project require approval of a new urban redevelopment project or a fundamental chance in an existing urban redevelopment project under M.G.L.c.121A? _Yes .X No; if yes, describe: G. Does the project require approval of a new urban renewal plan or a major modification of an existing urban renewal plan under M.G.L.c.121 B? Yes _ No )< ; if yes, describe: H. Describe the project's stormwater impacts and, if applicable, measures that the project will take to comply with the standards found in DEP's Stormwater Management Policy: Single Family Dwelling is exempt I. Is the project site currently being regulated under M.G.L.c.21 E or the Massachusetts Contingency Plan? Yes _ No if yes, what is the Release Tracking Number (RTN)? J. If the project is site is within the Chicopee or Nashua watershed, is it within the Quabbin, Ware, or Wachusett subwatershed?_Yes X No;-if yes, is the project site subject to regulation under �- the Watershed Protection Act? Yes No K. Describe the project's other impacts on land: -4- ;a III.. Consistency A. Identify the current municipal comprehensive land use plan and the open space plan and describe the consistency of the project and its impacts with that plan(s): Town of Barnstable Local Comprehensive Plan adopted Barnstable Town Council, Oct. 30, 1997 approved Cape Cod Commission, Feb. 12, 1998 Section 2-27 Cesspools are underground pits which receive and discharge sewage. Where the base of a cesspool is close to groundwater, bacterial contamination of ground and surface waters can occur. Policy 2.1.4.5; Continue to support Health Department programs which include inspection and upgrade requirements for on-site systems, prioritizing those areas which are especially environmentally vulnerable such as zones of contribution to public supply wells, areas dependent on private wells, coastal and inland flood plains, and pond recharge areas. Consistency: In our opinion, the septic system upgrade to Title 5 requirements, and our reduction in flow by decreasing the bedrooms to a maximum of three (3), is in keeping with the LCP. We are in keeping with the LCP policy 2.1.4.8 which states, "Ensure that individual on-site septic systems are designed, located and maintained so as to minimize contamination of drinking water, groundwater, surface waters, wetlands and rare and endangered species habitat." We have designed to maximum feasible compliance and have been issued a Comm of Mass Public Health Division & Town of Barnstable Disposal System Construction Permit, having presented our plan and design to the Board of Health at a Public Hearing. We are abandoning the use of �^ cesspools on the property and as such are improving the environmental concerns of same. B. Identify the current Regional Policy Plan of the applicable Regional Planning Agency and describe the consistency of the project and its impacts with that plan: Cape Cod Commission Regional Policy Plan 1. Land Use: 1.17 Redevelopment of existing residential dwelling and de-intensifying its use by reducing the number of bedrooms. 2. Natural Resources: 2.2 Coastal Resources. 2.2.2.4 Redevelopment has no adverse effect on the stability of the coastal bank. 2.2.2.7 Redevelopment offers no increase on floodwaters 2.3 Wetlands. . 2.3.1.2 Buffer associated with the BVW is being increased as mitigation. 2.3.1.4 Storm water run off from the adjacent Town Road is being captured and recharged. C. Will the project require any approvals under the local zoning by-law or ordinance (i.e. text or map amendment, special permit, or variance)? Yes X No if yes, describe: The project has received variances from the Board of Health. D. Will the project require local site plan or project impact review? Yes >< No; if yes, describe: -5 - f l RARE SPECIES SECTION I. Thresholds / Permits A. Will the project meet or exceed any review thresholds related to rare species or habitat (see 301 CMR 11.03(2))? _Yes X No; if yes, specify,-in quantitative terms: � No B. Does the project require any state permits related to rare species or habitat? _Yes • -C. If you answered "No" to both questions A and B, proceed to the Wetlands, Waterways, and Tidelands Section. If you answered "Yes" to either question A or question B, fill out the remainder of the Rare Species section below. II. Impacts and Permits A. Does the project site fall within Priority or Estimated Habitat in the current Massachusetts Natural Heritage Atlas (attach relevant page)? _Yes_ No. If.yes, 1. Which rare species are known to occur within the Priority or Estimated Habitat (contact: Environmental Review, Natural Heritage and Endangered Species Program, Route 135,_.Westborough,,MA 01581, allowing 30 days for receipt of information): 2. Have you surveyed the site for rare species? _Yesf_ No; if yes, please include ; the results'of your survey. 3. If your project is within Estimated Habitat, have you filed a Notice of Intent or received' an Order of Conditions for this project? _Yes_ No; if yes, did you send a copy of the Notice of Intent to the Natural Heritage and Endangered Species Program, in accordance with the Wetlands Protection Act regulations? Yes_ No B. Will the,project "take" an endangered, threatened, and/or species of special concern in accordance with M.G.L.c.131A (see also 321 CMR 10.04)? _Yes _ No; if yes, describe: ' C. Will the project,alter"significant habitat" as designated by the Massachusetts Division of- Fisheries and Wildlife•in accordance with M.G.L. c.131A(see also 321 CMR 10.30)? _Yes. .. _ No; if yes,.describe: D. Describe the project's other impacts on rare species including indirect impacts (for example, stormwater runoff into a wetland known to contain rare species or lighting impacts on rare moth , habitat)`. WETLANDS, WATERWAYS, AND TIDELANDS SECTION I. Thresholds / Permits A. Will the project meet or exceed any review thresholds related to wetlands, waterways, and tidelands (see 301 CMR 11.03(3))? )� Yes ._ No; if yes, specify, in quantitative terms: B. Does the project require any state permits (or a local Order of Conditions) related to wetlands, waterways, or tidelands? -Yes = No; if yes, specify which permit: The project has been issued an Order of Conditions file number = SE3-3635 (copy attached) C. If you answered "No" to both questions A•and B, proceed to the Water Supply Section. If you answered "Yes" to either question A or question B, fill out the-remainder of the Wetlands, Waterways, and Tidelands Section below. II. Wetlands Impacts and Permits -6 - A. Describe any wetland resource areas currently existing on the project site and indicate them on the site plan: The existing house fronts a salt marsh and BVW and resides in the 100-year flood plain. A state defined coastal bank also exists on a portion of this property. B. Estimate the extent and type of impact that the project will have on wetland resources, and indicate whether the impacts are temporary or permanent: Coastal Wetlands Area (in souare feet) or Length (in linear feet) Land Under the Ocean Designated Port Areas Coastal Beaches Coastal Dunes Barrier Beaches Coastal Banks approx 40 linear feet: pavement to be removed Positive permanent impact Rocky Intertidal Shores Salt Marshes Land Under Salt Ponds Land Containing Shellfish Fish Runs Land Subject to Coastal Storm Flowage Inland Wetlands Bank Bordering Vegetated Wetlands Land under Water Isolated Land Subject to Flooding . • Bordering Land Subject to Flooding Riverfront Area C. Is any part of the project 1. a limited project? _Yes V No 2. the construction or alteration of a dam? _Yes X No; if yes, describe: 3. fill or structure in a velocity zone or regulatory floodway? _Yes X No 4. dredging or disposal of dredged material? _Yes k No; if yes, describe the volume of dredged material and the proposed disposal site: 5. a discharge to Outstanding Resource Waters? _Yes X No 6. subject to a wetlands restriction order? X Yes _ No; if yes, identify the area (in square feet): D. Does the project require a new or amended Order of Conditions under the Wetlands Protection Act (M.G.L. c.131A)? X Yes _ No; if yes, has a Notice of Intent been filed or a local Order of Conditions issued? X Yes _ No; if yes, list the date and DEP File number: SE3-3635. Was the Order of Conditions appealed? < Yes _ No. Will the project require a variance from the Wetlands regulations?_Yes 71' No. E. Will the project: 1. be subject to a local wetlands ordinance or bylaw? X Yes _ No 2. alter any federally-protected wetlands not regulated under state or local law? _Yes X No; if yes, what is the area (in s.f.)? F.' Describe the project's other impacts on wetlands (including new shading of wetland areas or removal of tree canopy from forested wetlands): 111. Waterways and Tidelands Impacts and Permits A. Is any part of the project site waterways or tidelands (including filled former tidelands) that are <_V J'JCC, > —,ItL \JJAI r_CwAY<_7_ Y�,c.r; MG C91 L Ito 91 license or permit affecting the project site? Yes _ No; if yes, list the date and number: B. Does the project require a new or modified license under M.G.L.c.91? _Yes No; if yes, how many acres of the project site subject to M.G.L.c.91 will be for non-water dependentuse? Current _ Change _ Total _ C; Is any part of the project 1. a roadway, bridge, or utility line to or on a barrier beach? _Yes _ No; if yes, describe: 2. dredging or disposal of dredged material? _Yes No; if yes, volume of dredged material 3. a solid fill, pile-supported, or bottom-anchored structure in flowed tidelands or,other waterways? _Yes X. No; if yes, what is the base area? 4. within a Designated Port Area? _Yes -X- No D. Describe the project's other impacts on waterways and tidelands: IV. Consistency: A. Is the project located within the Coastal Zone? __%Yes _ No; if yes, describe the project's consistency with policies of the Office of Coastal Zone Management: t CZM Consistency: Water Quality Policy #3-The septic system upgrade is in compliance with Title 5 except for setback from property line and coastal bank. Total Title 5 flow has been reduced resulting in a smaller overall footprint. Habitat Policy #1-The upland shrub buffer has been increased between the developed area and the BVW and this should enhance the wetland wildlife corridor. Coastal Hazard,Policy #1-By reducing the number of bedrooms, the size of the leach field is reduced. As such, work within the coastal bank is kept to a minimum. The final grading of the bank will not impact the bank's ability to buffer the floodwaters. B. Is the project located within an area subject to a Municipal Harbor Plan? _Yes X No; if yes, identify the Municipal Harbor Plan and describe the project's consistency with that plan: WATER SUPPLY SECTION I. Thresholds / Permits A. Will the project meet or exceed any review thresholds related to water supply (see 301 CMR 11.03(4))? _Yes YNo; if yes, specify, in quantitative terms: B. Does the project require any state permits related to water supply? _Yes No; if yes, specify which permit: C. If you answered "No" to both questions A and B, proceed to the Wastewater Section. If you answered "Yes" to either question A or question B, fill out the remainder of the Water Supply Section below. If. Impacts and Permits A. Describe, in gallons/day, the volume and source of water use for existing and proposed activities at the project site: Existina Change Total Withdrawal from groundwater Withdrawal from surface water Interbasin transfer f� Municipal or regional water supply TOTAL: B. If the source is a municipal or regional supply, has the municipality or region indicated that there is adequate capacity in the system to accommodate the project?_ Yes _ No C. If the project involves a new or expanded withdrawal from a groundwater or surface water .source, 1. have you submitted a permit application? _Yes _ No; if yes, attach the application 2. have you conducted a pump test? _Yes _ No; if yes, attach the pump test report D. What is the currently permitted withdrawal at the proposed water supply source (in gallons/day)? Will the project require an increase in that withdrawal?_ Yes _ No E. Does the project site currently contain a water supply well, a drinking water treatment facility, water main, or other water supply facility, or will the project involve construction of a new facility? Yes _ No. If yes, describe existing and proposed water supply facilities at the project site: Existing Chance Total Water supply well(s) (capacity, in gpd) Drinking water treatment plant (capacity, in gpd) Water mains (length, in miles) F. If the project involves any interbasin transfer of water, which basins are involved, what,is the direction of the transfer, and is the interbasin transfer existing or proposed? G. Does the project involve 1. new water service by a state agency to a municipality or water district? Yes No 2. a Watershed Protection Act variance? _Yes _ No; if yes, how many acres of alteration? 3. a non-bridged stream crossing 1,000 or less feet upstream of a public surface drinking water supply for purpose of forest harvesting activities? _Yes _ No H. Describe the project's other impacts (including indirect impacts) on water resources, quality, facilities and services: III. Consistency -- Describe the project's consistency with water conservation plans or other plans to enhance water resources, quality, facilities and services: ` WASTEWATER SECTION I. Thresholds / Permits A. Will the project meet or exceed any review thresholds related to wastewater (see 301 CMR 11.03(5))? ' Yes Y�,_ No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to wastewater? X Yes _ No; if yes, specify which permit: Permit already obtained No. 2001-554 (copy attached) -9- Permit already obtained No. 2001-554 (copy attached) C. If you answered "No" to both questions A and B, proceed to the Transportation --Traffic Generation Section. If you answered "Yes" to either question A or question B, fill out the remainder of the Wastewater Section below. 11. Impacts and Permits A. Describe, in gallons/day, the volume and disposal of wastewater generation for existing and - proposed activities at the project site (calculate according to 310 CMR 15.00): Existin Change Total Discharge to groundwater (Title 5) _550 gpd reduced to 330 gpd Discharge to groundwater(non-Title 5) Discharge to outstanding resource water Discharge to surface water Municipal or regional wastewater facility TOTAL _550 gpd reduced to 330 gpd B. Is there sufficient capacity in the existing collection system to accommodate the project? _Yes No; if no, describe where capacity will be found: system is in failure C. Is there sufficient existing capacity at the proposed wastewater disposal facility? X Yes No; if no, describe how capacity will be increased: System upgrade is proposed. D. Does the project site currently contain a wastewater treatment facility, sewer main, or other wastewater disposal facility, or will the project involve construction of a new facility? X Yes _ No. If yes, describe as follows: An upgrade of the septic system is required. Existin Chanoe Total Wastewater treatment plant (capacity, in gpd) Sewer mains (length, in miles) Title 5 systems (capacity, in gpd) 550 gpd reduced to 330 gpd E. If the project involves any interbasin transfer of wastewater, which basins are involved, what is the direction of the transfer, and is the interbasin transfer existing or proposed? No F. Does the project involve new sewer service by an Agency of the Commonwealth to a municipality or sewer district? _Yes X No G. Is there any current or proposed facility at the project site for the storage, treatment, processing, combustion or disposal of sewage sludge, sludge ash, grit, screenings, or other sewage residual materials? _Yes _ )L No; if yes, what is the capacity (in tons per day): Existin Change. . Tota I Storage Treatment, processing Combustion Disposal H. Describe the project's other impacts (including indirect impacts) on wastewater generation and treatment facilities: Positive impact by reduction in flow. A Board of Health Permit has been o cz FctiTi-ktS 'Fa&jZ .«-10- III. Consistency — Describe measures that the proponent will take to comply with federal, state, regional, and local plans and policies related to wastewater management: Flow is being reduced and a permit has been issued. A. If the project requires a sewer extension permit, is that extension included in a comprehensive wastewater management plan? _ Yes _ No; if yes, indicate the EOEA number for the plan and describe the relationship of the project to the plan TRANSPORTATION -TRAFFIC GENERATION SECTION I. Thresholds / Permits A. Will the project meet or ex eed any review thresholds related to traffic generation (see 301 CMR 11.03(6))? _Yes No; if yes, specify, in quantitative terms: S. Does the project require any state permits related to state-controlled roadways? _ Yes � No; if yes, specify which permit: C. If you answered "No" to both questions A and B, proceed to the Roadways and Other Transportation Facilities Section. If you answered "Yes" to either question A or question B, fill out the remainder of the Traffic Generation Section below. i II: Traffic Impacts and Permits A. Describe existing and proposed vehicular traffic generated by activities at the project site: Existin Chance Total Number of parking spaces, Number of vehicle trips per day ITE Land Use Code(s): B. What is the estimated average daily traffic on roadways serving the site? Roadway Existing Change Total 1. 2. 3. C. Describe how the project will affect transit, pedestrian and bicycle transportation facilities and services: 111. Consistency -- Describe measures that the proponent will take to comply with municipal, regional, state, and federal plans and policies related to traffic, transit, pedestrian and bicycle transportation facilities and services: ROADWAYS AND OTHER TRANSPORTATION FACILITIES SECTION 1. Thresholds A. Will the project meet or exceed any review thresholds related to roadways or other transportation facilities (see 301 CMR 11.03(6))? _Yes �L No; if yes, specify, in quantitative terms: B. Does the project re uire any state permits related to roadways or other transportation facilities? —Yes No; if yes, specify which permit: C. If you answered "No" to both questions A and B, proceed to the Energy Section. If you 1 answered "Yes" to either question A or question B, fill out the remainder of the Roadways Section below. II. Transportation Facility Impacts A. Describe existing and proposed transportation facilities at the project site: Existing Chanoe Total Length (in linear feet) of new or widened roadway Width (in feet) of new or widened roadway Other transportation facilities: B. Will the project involve any 1. Alteration of bank or terrain (in linear feet)? .2. Cutting of living public shade trees (number)? 3. Elimination of stone-wall (in linear feet)? III. Consistency -- Describe the project's consistency with other federal,'state, regional, and local plans and policies related to traffic, transit, pedestrian and bicycle transportation facilities and services, including consistency with the applicable regional transportation plan and the Transportation Improvements Plan (TIP), the State Bicycle Plan, and the State Pedestrian Plan: ENERGY SECTION I. Thresholds / Permits A. Will the project meet or exceed any review thresholds related to energy (see 301 CMR 11.03(7))? _Yes No; if yes, specify,'in quantitative terms: B. Does the project require any state permits related to energy? Yes No; if yes, specify which permit: C. If you answered "No" to both questions A and B, proceed to the Air Quality Section. If you answered "Yes" to either question A or question B, fill out the remainder of the Energy Section below. II. Impacts and Permits . A. Describe existing and proposed energy generation and transmission facilities at the project site: Existin 'Change Total Capacity of electric generating facility (megawatts) Length of fuel line (in miles) Length of transmission lines (in miles) Capacity of transmission lines (in kilovolts) B. If the project involves construction or expansion of an electric generating facility, what are 1. the facility's current'and proposed fuel source(s)? 2. the facility's current and proposed cooling source(s)? ' C. If the project involves construction of an electrical transmission line, will it be located on a new, unused, or abandoned right of way?_ Yes No; if yes, please describe: D. Describe the project's other impacts on energy facilities and services: " III. Consistency -,Describe the project's consistency with state, municipal, regional, and federal plans and policies for enhancing energy facilities and services: 12 AIR QUALITY SECTION I. Thresholds A. Will the project meet.or exceed any review thresholds related to air quality (see 301 CMR 11.03(8))? _Yes 1 No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to air quality? _ Yes t. No; if yes, specify which permit: C. If you answered "No" to both questions A and B, proceed to the Solid and Hazardous Waste Section. If you answered "Yes" to either question A or question B, fill out the remainder of the Air Quality Section below. II. Impacts and Permits A. Does the project involve construction or modification of a major stationary source (see 310 CMR 7.00, Appendix A)?_Yes _ No; if yes, describe existing and proposed emissions (in tons per day) of: Exfstina Chanoe Total Particulate matter Carbon monoxide Sulfur dioxide Volatile organic compounds Oxides of nitrogen Lead = Any hazardous air pollutant Carbon dioxide B. Describe the project's other impacts on air resources and air quality, including noise impacts: III. Consistency A. Describe the project's consistency with the State Implementation Plan: B. Describe measures that the proponent will take to comply with other federal, state, regional, and local plans and policies related to air resources and air quality: i SOLID AND HAZARDOUS WASTE SECTION I. Thresholds / Permits A. Will the project meet or exceed any review thresholds related to solid or hazardous waste (see 301 CMR 11.03(9))? _Yes 'Y\ No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to solid and hazardous waste? Yes �( No; if yes, ,specify which permit: C. If you answered "No" to both questions A and B, proceed to the Historical and Archaeological Resources Section. If you answered "Yes"to either question A or question B, fill out the remainder of the Solid and Hazardous Waste Section below. II. Impacts and Permits A. Is there any current or proposed facility at the project site for the storage, treatment, - 13 - processing, combustion or disposal of solid waste?_Yes _ No; if yes, what is the volume (in tons per day) of the capacity: Existing Change Total Storage Treatment, processing Combustion Disposal B. Is there any current or proposed facility at the project site for the storage, recycling, treatment or disposal of hazardous waste?_ Yes _ No; if yes, what is the volume (in tons or gallons per day) of the capacity: Existing Change Total Storage Recycling Treatment Disposal C. If the project will generate solid waste (for example, during demolition or construction), describe alternatives considered for re-use, recycling, and disposal: D. If the project involves demolition, do any buildings to be demolished contain asbestos? Yes _ No E. Describe the project's other solid and hazardous waste impacts (including indirect impacts): III. Consistency--Describe measures that the proponent will take to comply with the State Solid Waste Master Plan: HISTORICAL AND ARCHAEOLOGICAL RESOURCES SECTION I. Thresholds/ Impacts A. Is any part of the project site a historic structure, or a structure within a historic district, in either case listed in the State Register of Historic Places or the Inventory of Historic and Archaeological Assets of the Commonwealth? _ Yes Y No; if yes, does the project involve the demolition of all or any exterior part of such historic structure? _Yes No; if yes, please describe: B. Is any part of the project site an archaeological site listed in the State Register of Historic PI es or the Inventory of Historic and Archaeological Assets of the Commonwealth? _Yes T No; if yes, does the project involve the destruction of all or any part of such archaeological site? —Yes _ No; if yes, please describe: C. If you answered "No" to all parts of both questions A and B, proceed to the Attachments and Certifications Sections. If you answered "Yes" to any part of either question A or question B, fill out the remainder of the Historical and Archaeological Resources Section below. D. Have you consulted with the Massachusetts Historical Commission? - Yes No; if yes, attach correspondence E. Describe and assess the project's other impacts, direct and indirect, on listed or inventoried historical and archaeological resources: II. Consistency — Describe measures that the proponent will take to comply with federal, state, regional, and local plans and policies related to preserving historical and archaeological resources: - 14- ATTACHMENTS: 1. Plan, at an appropriate scale, of existing conditions of the project site and its immediate context, showing all known structures, roadways and parking lots, rail rights-of-way, wetlands and water bodies, wooded areas, farmland, steep slopes, public open spaces, and major utilities. 2. Plan of proposed conditions upon completion of project (if construction of the project is proposed to be phased, there should be a site plan showing conditions upon the completion of each phase). 3. Original U.S.G.S. map or good quality color copy (8-_x 11 inches or larger) indicating the project location and boundaries 4 List of all agencies and persons to whom the proponent circulated the ENF, in " accordance with 301 CMR 11.16(2). 5. Other: CERTIFICATIONS: 1. The Public Notice of Environmental Review has been/will be published in the following newspapers in accordance with 301 CMR 11.15(1): (Name) . (Date) Barnstable Patriot March 8, 2002 2. This form.has been circulated to Agencies and Persons in accordance with 301 CMR 11.16(2). See Attachment 3 for ENR Distribution List n � Date March 8, 2002 Signature of person Name: Peter Sullivan, P. E. Firm/AQency: Sullivan Engineering Inc; Street: y 7 Parker Road/P O Box 659 Municipality/State/Zip: Osterville, MA 02655 Phone: 508 428-3344 - 15 - COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTALAFFAIR MEPA OFFICE 251 Causeway Street,Suite 900 Boston,MA 02114 617-626-1020 PUBLIC NOTICE OF ENVIRONMENTAL REVIEW PROJECT: Septic System Upgrade LOCATION: 91 Ocean Drive,West Hyannisport PROPONENT: Stephen J.Giatrelis The undersigned is submitting an Environmental Notification Form('ENF")to the Secretary of Environmental Affairs on or before March 15,2002. j This will initiate review of the above project pursuant to the Massachusetts Environmental z PolicyAct("MEPA",M.G.L.c.30,s.s.61,62 62H). Copies of the ENF may be obtained from: Sullivan Engineering Inc..PO Box 659/7 Parker Rd.,Osterville(508)428-3344. Copies of the ENF are also being sent to the Conservation Commission and Planning Board of the Town of Barnstable where they may be inspected. i The Secretary of Environmental Affairs will publish notice of the ENF in the Environmental Monitor,will receive public comments on the project for 20 days,and will then decide,within then days,if an environmental Impact Report is needed. A site visit and consultation session on the project may also be scheduled. All persons wishipig to comment on the project,or to be notified of a site visit or consultation session, should write to the Secretary of Environmental Affairs, 251 Causeway Street, Suite 900, Boston, Massachusetts 02114, Attention: MEPA Office,referencing the above project. By Peter Sullivan, The Barnstable Patriot Proponent's Agent March 8, 2002 HYANNIS QUADRANGLE MASSACHUSETTS-BARNSTABLE CO. 7.5 MINUTE SERIES(TOPOGRAPHIC) N - .���,C���3'Lon$��ir '�r �` � �� �'�`,��� ����r ,syri` � ✓ e rxrA - k°s�.,+ `� �.�y .�'�c�v � a`� � ,� 3 v" 4;Lsi''t' tf• v'a�e �' t'"cA• ® A r t-!(1 iQ Great A'. ,,' ,°t— h, a ea8 rt e ,• ; � x 1 r��.�p�,,x ..5_���•,��C� �-�`:� ����J T � �.t` �h '� � lR[/.,��r-v . �' r,=•--�a� ,"� � � v rem 11ra •` t f � , t �r 4 k A � �,�`2�.. /�°�C"F`�a�r� ���'�.Y• L3� ;+� :! x fs v oU ••.�` �.v`���{ 4� ���`` .J xs, f r "' r '� a� "� �,�a� C �`=r „{�, �',��. p�_�Ffr',yp °6� . t 39 S Is"-•�� ,�,{" zr {�"- T"3 �. �r. x 8 S.� ` q `�ci �i�� r Yo t� �, � i�.a .Y.,��y 7.- �,�,�iu� �,�1 ,�1�e2� t �• g�k �s F� �'w+��r. /�va', �� �a .��`"i t J 1 s t a i s +� v��--•-t• s.. a s•r' Q t"•µ �r�`*.rt �� � _ � .. . EN 7� ��� firs x M g, _..}tIt�t�S, wad. �'+' .�' � �i81 ` � `� ,` 1 � .1 �� ( C } N y e� tit npk G Gall u�rsle �7 �ptt3 g64\[: `mot �,.qQ��' 4 �,�'� yr�,F p� 22�� v.✓ ` K f, gmik1 ." ` L d.' r _ I , K 68at1•#�y'v $endle 2 +'�'i• t -s. -x- L11$t3L r LLa K4 -A #; =& '- r-sR'-. rPr 21 �'r ��4F-��f ���� "`� �;'���PEt?'-h �°�j ' �'-.fir`w' .✓ '*�„�+`�eF��y,,,s^9i��s' x ,Q "�"'- 't�� �< J�rx`�!sv �7'`-•,� € 7 �" x s+""tt�FF ZA ,fir �9 � •g���! ���'"r�'��i'�' �y�F.'�� br't t�.`7�, >-�w,;�;�� ��r� � ` N -RZ e vas ',• h Y -3:. 3f f 9 !• .J t6 k� L^'4.+V4 n .y kkC !*S ✓ . 2 3' may. 3•sY a�a-.S u� x •iry ',1.f �!` x4 `;tt ' rev fad ezt/ '. -' .��n-•BCkS' i .� `z'T� 3-��+� r ,�' ;x f"f �`�c r� ,,,�a '-� � i;r •E.4� e. ,,;•� "" 4.�, -`t'�=}s-fir r� ���«- �s'4�e�£x Y'e'�r �"� »� �"'S r��"3l F�- �y� +{` s��^15 � f.. 't"f h. yt.�..��: `kx"1Ei(S�t- �5 � ��� � k R ��=sue'-- "'"'kS'� '�,n4''�.ls scr f � �.:r � f���,��^�r A"'Y +s• � '�'C t ��9. $` �� '�-GaaaCt r�•�k.'�, � ...�: �c s a "�.� " § �"'��"W" -�.� 'rT`��x ��"`� i�ad�meoi®i�vsceflam�rWa,�t�u�. LOCUS PLAN Scale: 1:12,000 Assessors Map 266 Parcel 003 Latitude:41°38'02" Longitude: 70°19'06" HYANNIS,MASS N4136SW7015/M5 1974 PHOTOREVI9ED 1979 AM3 69671113WSERIE3 V 914 BARNSTABLE ENVIRONMENTAL NOTIFICATION FORM DISTRIBUTION LIST Secretary Bob Durand Executive Office of Environmental Affairs Attn: MEPA Office 251 Causeway Street, Suite 900 Boston, MA 02114 Executive Office of Environmental Affairs Land Policy.-Bob O'Connor 251 Causeway Street, Suite 900 Boston, MA 02114 Executive Office of Environmental Affairs Water Policy-Mark Smith 251 Causeway Street, Suite 900 Boston, MA 02114 Department of Environmental Protection Boston Office Attn: David Murphy Commissioner's Office One Winter Street Boston, MA 02108 Department of Environmental Protection . Southeast Regional Office Attn: MEPA Coordinator 20 Riverside Drive Lakeville, MA 02347 Department of Environmental Protection Southeast Regional Office Wetlands&Waterways Program 20 Riverside Drive Lakeville, MA 02347 Executive Office of Transportation & Construction Attn: Environmental Reviewer 10 Park Plaza, Room 3510 Boston, MA 02116-3969 Massachusetts Highway Department Public/Private Development Unit 10 Park Plaza Boston, MA 02116 Massachusetts Highway Department-District#5 Attn: MEPA Coordinator Box 111 ' 1000 County Street Taunton, MA 02780 Massachusetts Aeronautics Commission Attn: MEPA Coordinator 10 Park Plaza, Room 6620 Boston, MA 02116-3966 Massachusetts Historical Commission The MA Archives Building 220 Morrissey Boulevard Boston, MA 02125 Cape Cod Commission 3225 Main Street Barnstable, MA 02630 Town Council Town of Barnstable 367 Main Street Hyannis, MA 02601 John C. Klimm, Town Manager Town of Barnstable 367 Main Street Hyannis, MA 02601 Planning Department Town of Barnstable 200 Main Street Hyannis, MA 02601 Board of Health Town of Barnstable 200 Main Street Hyannis, MA 02601 Conservation Commission Town of Barnstable 200 Main Street Hyannis, MA 02601 Coastal Zone Management Attn: Project Review Coordinator 251 Causeway Street, Suite 500 Boston, MA 02114 Division of Marine Fisheries Attn: Environmental Reviewer 50 A Portside Drive Pocasset, MA 02559 fi Department of Public Health (DPH) Stephen J. Giatrelis Director of Environmental Health 106 Cape Drive 250 Washington Street Mashpee, MA 02649 Boston, MA 02115 No. Fee [10 00 THE COMMONWEALTH OF MASSACHUSETTS Entered in computer: Yes PUBLIC HEALTH DIVISION -TOWN OF BARNSTABL&MASSACHUSETTS Application for Mi!5ponl *p5tein Conmruction Permit a Application for a Pennit.to Construct( )Repaiirr( )Upgrade(1Q Abandon( ) �Complete System ❑Individual Components µ Location Address or Lot No. 9 I QL j_=AKk De.�\1 G Owner's Name,Address and Tel.No. �- �Z-554 A to w. Hyo.tvrv�sw2 C:5J V_tAL:r(Cve.P c, Assessor's Map/Parcel 2 /D02 (-A S 000 tO S T ©S T-2J t t_t_G KA S S It 0246 Installer's Name,Address,and Tel.No. J EMner's Nat}1 Address and TeI,No. s_6QT AZb-33'4q YC-VI_E ULL\VA"YG �- Z MA 6z65S- Type of Building: kx 'KZ161c, CPi 2As5Ess � Dwelling No.omoo s 01G2 3 Lot Size sq.1r. Garbage Grinder(1�� Other Type of Building No.of Persons Showers( ) Cafeteria( ) Other Fixtures — J Design 1,low *K�) gallons per day. Calculated daily flow gallons. d Plan ate h C- O 0 i4 to umber of sheets t S Revision Date u L-j 2-Z� an L_ 1 'l5 T�N6 C6ty OTIOWS Pt-A Q6R151= J- — Ewt EiN 1l1)G ��LJ.LS Size of Septic Tank 1 f�j Type of S.A.S. Description of Soil T1t'l 0-1Z" �1 t IZ"-1(�j Q S sAty0 f LDA.A Z 5`I(L�/t \O"'Zgtt Flu ss�pc[Sy( Zsty-32"8 3Atlo 1oYE6/6 3Z'; Zd'Ct CSavo 2S 1Q 6/4 120-14b CZ (ASANi� 2,5Y2 L/d ' I41-Z o-I21 l2^t4z`O 5/tDA.,-. ?^SN 5/1 %G-23" A b't�r(`,4tvpT.S'N S/(p 23'-33 6Snvo 1�112t�G �3-t2O" t 12b-1}�L (tea-ou.+,o wr3,rma._2,o 1b6VD Nature of Repairs or Alterations(Answer when applicable) " ' NGINE�" Date last inspected: OE TO PLAk D IN STF7CT Agreement: The undersigned agrees to ensure the construction and maintenance of the afore described on-site sewage disposal system in accordance with the provisions of Title 5 of the Environmental Code and not to place the system in operation until a Certifi- cate of Compliance has been issued by this Board of Health. Signed Date Application Approved by4Q2274 Date Application Disapproved for the following reasons Permit No. — Date Issued THE COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, MASSACHUSETTS (Certificate of (fampCi pce �_slwh`�l� r� THIS IS TO CERTIFY,that the On-site Sewage Disposal System CgnstgvgtF7ikION p �R ue IFY N$1P Rm�) Abandoned( )by TIT_ Sr' g at 1 CkGttJ Q v p< ACCORJAN ��tructe I Mae� letTce with the provisions of Title 5 and the for Disposal System Construction Permit No C dated Installer Designer The issuance of this permit shall not be construed as a guarantee that the system will function as designed. Date Inspector —————————— —————————————————————————— — No. �2/- - Fee__y ppp�����r��� THE COMMONWEALTH OF MASSACHUSETTS ' 1{' PUBLIC HEALTH DIVISION - BARNSTABLE.,MASSACHUSETTS Migpont �bpmin Cow5tructiott 'erni t Permission is hereby granted to Construct( )Repair( )Upgrade(jK )Abandon( ) System located at 9( ��Ah1 d7(2tUC Mt 19T BNRER�1^� AND CERTIFY IN WRITING, I V;AS INSTALLED IN STRICT and as described in the above Application for Dispi,<ai System Construction Permit.The applicant recognizes his/her duty to comply with Title 5 and the following local provisions or special conditions. Provided:Construction must be comrleo i«ithin three ears of the date of this permit. Date: Approved by Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions . an. a�, : SE3-3635 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP and Town of Barnstable Ordinances Article XXVII A. General Information Important: When filling From: out forms on Barnstable the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions To: Applicant: Property Owner(if different from applicant): Stephen J. Giatrelis CSJ Realty Corp Name Name 106 Cape Drive 648 Main Street Mailing Address Mailing Address Mashpee MA 02649 Osterville MA 02655 City/Town State Zip Code City/Town State Zip Code 1. Project Location: 91 Ocean Drive W. Hyannisport Street Address City/Town 266 003 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Barnstable 12617 341 County Book Page Certificate(if registered land) 3. Dates: February 7, 2000 July 24, 2001 August 7 2001 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Revised Site Plan July 26, 2001 Title Date Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: Peter Sullivan, PE Name 6. Total Fee: $250 00 7 (from Appendix B:Wetland Fee Transmittal Form) L, Wpaform5.dcc•rev.7/25101 4 Page t cf i v 1, n Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 5 - Order of Conditions • : SE3-3635 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP and Town of Barnstable Ordinances Article XXVII B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following intere sts of the Wetlands Protection Act. Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish [Prevention of Pollution ❑ Private Water Supply ❑ Fisheries [?Protection of Wildlife Habitat ❑ Groundwater Supply [Storm Damage Prevention Flood Control Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland _ regulations to protect those interests checked above. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein and with all related statutes and other regulatory ry PY 9 measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize ary injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. Wpafcrm5.doc-rev.7/25/01 Page 2 of 7 �11F, Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. > STAB WPA Form 5 - Order of Conditions SE3-3635 9 , `e$ Provided b DDEP FG Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Town of Barnstable Ordinances Article XXVII B. Findings (cont.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three - years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number SE3-3635 " 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order.at reasonable hours tc evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. Wpafcrm5.dcc•rev.7/25/01 Page 3 cf 7 �a,t►,F,O''a. Massachusetts Department of Environmental Protection t � Bureau of Resource Protection - Wetlands DEP File Number. • R�AUM��� = WPA Form 5 — Order of Conditions sE3-3635 v� MASIL Provided by DEP 0 16 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Town of Barnstable Ordinances Article XXVII B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have b een fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that.occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. see attached Findings as to municipal bylaw or ordinance Furthermore, the Barnstable hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Municipal Ordinance or Bylaw Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. hat the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Article 27 of Town Ordinances Municipal Ordinance or Bylaw Citation The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. Wpafcrm5.dcc•rev.7/245101 Page 4 cf 7 SE3-3635 Giatrelis f Approved Plan= July 26,2001 Revised Site Plans(2 sheets)by Peter Sullivan, PE Special Conditions of Approval 1. Within one month of receipt of this Order of Conditions and prior to the commencement of any work approved herein, General Condition number 8 (preceding page)shall be complied with. 2. The work limit shown on the approved plan shall be strictly observed. 3. The work limit line shown on the approved plan shall be staked in the field by the project surveyor/engineer prior to the start of work. 4. Prior to the start of work,staked strawbales backed by trenched-in siltation fencing shall be set along the approved work limit line. Effective sediment controls shall remain until the site is stabilized with vegetation. 5. There shall be no disturbance of the site, including cutting of vegetation, beyond the work limit. This restriction shall continue over time. 6. Prior to construction, a sequence of 35 mm color photographs showing the undisturbed buffer zone shall be submitted to the Conservation Commission. At the time of the request for a Certificate of Compliance, another updated sequence shall be submitted. 7. The Conservation Commission shall receive 1 week advance notice of the start of work(our phone number is 508-862-4093) 8. Upon completion of the foundation for the house,the project surveyor or engineer shall provide in writing to the Commission verification of the approved siting of the foundation, and of the approved location and condition of the sediment controls(strawbales)deployed at the site. Once the foundation is laid,no further work on the project shall occur until the verification is signed off in writing by the Conservation Commission. 9. All areas disturbed during construction shall be revegetated immediately following completion of work at the site. No areas shall be left unvegetated or unmulched for more than 30 days. 10. All proposed lawn areas shall be underlain with a minimum of 4 inches of organic loam. 11. The applicant shall abstain from any and all use of lawn care chemicals,herbicides,pesticides and fertilizers within 100 feet of the(RESOURCE AREA). 12. Drvwells or graveled trenches along the drip lines shall be installed to accommodate roof runoff. 13. The driveway shall be constructed of pervious material. 14. Work limit markers(wood stakes)shall remain until a Certificate of Compliance is issued for this project. 15. All plan notes dealing with landscaping shall be carried out. 16. The catch basin for capturing road runoff shall be installed and maintained as proposed. 17. A low split rail fence shall be placed along the work limit as part of the final landscaping. 18. At the completion of work, or by the expiration of the present permit, the applicant shall request in writing a Certificate of Compliance for the work herein permitted. Where a project has been completed in accordance with plans stamped by a registered professional engineer, architect, landscape architect or land surveyor, a written statement by such a professional person certifying substantial compliance with the plans and setting forth what deviation, if any, exists with the record plans approved in the Order shall accompany the request for a Certificate of Compliance. of tME T Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 5 - Order of Conditions SE3_ HASIL 3635 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP RFD MAy� _ and Town of Barnstable Ordinances Article XXVII B. F ings Cont. Additional conditions relating to municipal ordinance or bylaw: see attached This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office (see Appendix A) and the property owner(if different from applicant). Signatures: On Of Day Month ancvYear i before me personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. ��--� — --L--.' `1/ �Y o Notary Public My Commission Expires This Order is issued to the applicant as follows: [ by hand delivery on by certified mail, return receipt requested, on August 7, 2001 ����� � ivt•—ti_ Wpafcrm5.dcc•rev.7110/01 Page 5 cf 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions sE3-3635 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP and Town of Barnstable Ordinances Article XXVII C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The'request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Barnstable Conservation Commission Wpafcrrn5.doc•rev.7/25101 ..Page 6 cf 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: • �SzAB WPA Form 5 - Order of Conditions SE3-3635 9� t659. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP RFD MAC� and Town of Barnstable Ordinances Article XXVII D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. -------------------------------------------------------------------------------------------------------------------------- To: Barnstable Conservation Commission Please be advised that the Order of Conditions for the Project at: 91 Ocean Drive, W. Hyannisport SE3-3635 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Bk 14129 P 3250 "W58576 Book Page In accordance with the Order of Conditions issued on: IDS—11D-2001 a 02 = 220 Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicants c02 wcaform5.dcc•rev.7/25J01 Page 7 d 7 KILROY & WARREN, P.C. 1 ATTORNEYS AT LAW 67 SCHOOL STREET BERNARD T. KILROY P.O.BOX 960 BANKRUPTCY COUNSEL LAURIE A. WARREN HYAi LETS, IvL-�SSACHUSETTS 02601-0960 WILLIAM G. BILLINGHA22M • TELEPHONE (508) 771.6900 TELEFAX (508) 775-7526 February 2, 2000 SULLIVAN ENGINEERING, INC. P.O. Box 659 Osterville, MA 02655-0659 IN RE: 91 OCEAN DRIVE fiEST HYANNISPORT MA ' BARNSTABLE ASSESSORS' MAP 266/PCL. 3 Gentlemen: This office represents CSJ Realty Corp. , the present owner of the above-described parcel . Your office has inauired whether the owner may install all or a portion of the septic system which has serviced the above-property within Ocean Drive. My examination of the record title to the above property indicates that CSJ Realty Corp. owns the fee in Ocean Drive to the center line thereof, adjoining said Parcel 3, subject to the rights of others to pass and repass. As a matter .of law, the owner of the fee in a roadway may make anv use of the roadway that is not inconsistent with the rights of others to pass and repass thereon. In my opinion, the installation of a subsurface septic system is a use of the fee in Ocean Drive that is not inconsistent with the rights of others to pass and repass thereon. It is therefore, my opinion, that CSJ Realty Corp. may install a subsurface septic system to serve the house now and hereafter located on said Parcel 3. If you have a need for .any additional information, please feel free to contact me: Very truly yours, KT ROY WARD-N P.C. , Bernard11T. Kilroy ETK:j z - CC: Stephen J. Giatrelis kAclie.:s\gia:re'is\ccea dr.\sa'_l.ery^ r ¢ t r PROPOSED COS DIT_ ,,TS 91 OCEAN AVE. , WEST HYANNIS''�l: '.A 1) NO DWIP SHALL BE ISSUED UNTIL SUCH TIME AS THE APPLICANT SHALL PROVIDE THE BOARD WITH: A COPY OF A VALID EASEMENT(S) AS RECORDED AT THE BARNSTABLE REGISTRY OF DEEDS TO UNDERTAKE INITIAL CONSTRUCTION AND MAINTENANCE AS MAY BE NECESSARY FROM TIME TO TIME ON LAND OF OTHERS INCLUDING THE CORMAYS AND THEIR SUCCESSORS IN TITLE, THE TOWN OF BARNSTABLE AND ITS SUCCESSORS IN TITLE, AND ANY OTHERS AS MAY BE NECESSARY, IN ACCORDANCE WITH THE REQUIREMENTS OF 310 CMR 15; OR, ALTERNATIVELY, WITH A FINAL DECISION FROM A COURT OF COMPETENT JURISDICTION AUTHORIZING WORK TO BE PERFORMED ON LAND OF OTHERS WITHOUT SUCH EASMENT; OR WITH A REVISED PLAN SHOWING THAT NO WORK IS REQUIRED FOR THE INSTALLATION OF THE SUBJECT ON-SITE SEPTIC SYSTEM INCLUDING WITHOUT LIMITATION EXCAVATION OF UNSUITABLE MATERIALS AND OFFGRADING ON LAND OWNED OR CONTROLLED BY PERSONS OTHER THAN THE APPLICANT. 2) NO DWIP SHALL BE ISSUED UNTIL SUCH TIME AS THE APPLICANT SHALL PROVIDE TO THE BOARD A FINAL ORDER UNDER BOTH STATE AND LOCAL WETLANDS PROTECTION STATUTES ALLOWING WORK TO PROCEED. 3) NO DWIP SHALL BE ISSUED UNTIL SUCH TIME AS THE APPLICANT PROVIDES THE BOARD WITH A COPY OF A STIPULATION, THE -FORM AND CONTENT OF WHICH HAVE BEEN APPROVED BY THE TOWN ATTORNEY, INDICATING THAT WHATEVER RIGHTS THE APPLICANT AND HIS SUCCESSORS IN TITLE MAY HAVE TO INSTALL AN ON-SITE SEPTIC SYSTEM WITHIN THAT SECTION OF OCEAN AVENUE WHICH THEY OWN ARE SPECIFICALLY SUBORDINATE IN PERPETUITY TO THE RIGHTS OF THE TOWN AND OTHERS ENTITLED THERETO TO INSTALL PUBLIC UNDERGROUND UTILITIES THEREIN, INCLUDING, BUT NOT LIMITED TO; SEWER, WATER, GAS, ELECTRICITY, TELEPHONE, AND TELECOMMUNICATION. 4) IN ORDER TO ENSURE COMPLIANCE WITH CONDITION #3 WITHOUT HAVING TO ABANDON THE SYSTEM, PRIOR TO THE ISSUANCE OF A DWIP, THE APPLICANT SHALL SUBMIT PROJECT PLANS TO THE TOWN ENGINEERING DEPARTMENT AND OBTAIN FROM THAT DEPARTMENT A STATEMENT THAT, EXCEPT FOR THE INSTALLATION OF SEWER, THE OTHER UNDERGROUND PUBLIC UTILITIES NOTED ABOVE COULD ALL BE INSTALLED WITHIN THE LIMITS OF THE EXISTING LAYOUT OF OCEAN AVENUE IN ACCORDANCE WITH THE CURRENT STANDARD REQUIREMENTS OF THE SUBJECT PUBLIC UTILITIES WITHOUT REQUIRING SIGNIFICANT ALTERATION OR ABANDONMENT OF THE PROPOSED SEPTIC SYSTEM. 5) NO DWIP SHALL BE ISSUED UNTIL SUCH TIME AS PROJECT PLANS HAVE BEFI REVISED TO PROVIDE BOTH NITROGEN REMOVAL AND U7 DISINFECTION FOR E'-RF LTl'f NT FLOWS FROM THE SUBJECT FACILITY 6) SHOULD COMPLIANCE WITH THE TERMS AND CONDITIONS OF PERMITS ISSUED BY THIS OR ANY OTHER' BOARD OR AGENCY OR WITH ANY DECISION OF ANY COURT REQUIRE REDESIGN OF THE SYSTEM AS SHOWN ON PROJECT PLANS SHEET 1-5 AND REVISED THROUGH 7/7/00, EXCEPT FOR COMPLIANCE WITH CONDITION #5, ABOVE, THE APPLICANT SHALL REQUEST_ A PUBLIC HEARING OF THE BOARD OF HEALTH WITH ABUTTER NOTIFICATION TO ALLOW REVIEW OF SAID REVISIONS. THE BOARD IS UNDER NO OBLIGATION TO APPROVE SUCH REVISED PLANS UNLESS IT FINDS THAT THEY COMPLY WITH ALL APPLICABLE RULES AND REGULATIONS ADMINISTERED BY THE BOARDS AND WITH THE CONDITIONS OF THIS PERMIT. 7) THIS PERMIT SHALL BE RECORDED IN THE CHAIN OF TITLE TO THE SUBJECT PROPERTY AND PROOF OF SAID RECORDING SHALL BE PROVIDED TO THE BOARD PRIOR TO THE ISSUANCE OF ANY DWIP FOR THE SITE. A a i �-------__________ --_----_________...._____ __._---__-------- 1 1 , i . � - - _.___, (- - � �.� �---- z_ _-. _ _.`-. -�-r---.------- ----- a �1HE A Town of Barnstable Regulatory Services. BAMSTAB9 '�•$ Thomas F. Geiler,Director 1639• �0 �ED.39.`� Public Health Division Thomas McKean,Director 200 Main Street,Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 May 29,2002 ORDER TO COMPLY WITH 310 CMR 15.00, THE STATE ENVIRONMENTAL CODE, TITLE 5. Re: 91 Ocean Drive,Hyannis Dear Sir or Madam: Our records indicate that the septic system owned by you located at 91 Ocean Drive, Hyannis, was inspected by a Massachusetts licensed septic inspector. The inspection of your septic system showed that your system failed under the guidelines of 1995 Title 5 (310 CMR 15.00) According to Title V, the owner had two (2) years to repair or replace the system. More than two years has past since the date of this inspection. Although a septic system permit has been pulled, it has not been completed according to our records. You are further directed to maintain the system by hiring a licensed septage hauler to pump the septic system to prevent discharge of sewage or effluent into the buildings, onto the surface of the ground, or into surface waters. Any Person aggrieved by any order issued by the local approval authority may appeal to any court of competent jurisdiction as provided for by the laws of the Commonwealth. Sincerely, David W. Stanton Health Inspector, Town of Barnstable C. F 11 06/05/2000 15:23 7818376857 SEASIDE HOMES, INC PAGE 05 May 23, 1000 i i TO WOM I2 MAY CONCERN: REAP: Installation of. Se'p.tic System 91 Ocean Drive West Hyannisport, MA On b half of the reefdents ~of Seaa1 de Park, the Board of A hectors of the Seaside Park Improvement Associa- tion Kish to register our opposition to the applica- ti n pf : Owner of Record - Oiatrellis 91 Ocean Drive West Hyannisport, MA to i otall a septic system in a private way. We s omit to you the opinion .of our attorney, Jon Davis. i If granted, a dangerous precedent will .be set . 'We ask th t �ou uphold the laws governing private ways and deny this application. i Respectfully submitted, . deleine McDonald Vice President, Seaside Improvement Association. { - o I 06/05/2000 15:23 7818376857 SEASIDE HOMES, INC PAGE 03 i rl""NSWO AT LAW,. u A sam"Odnft" I C=PLAra lTRest MAIIONFI LAI' 04ASS"101 49V"090M PIS JOa S.DA 1 x. L-MAIL:J OANI NOAVI&.COM OF COUN6EL WILLIAM H.STANTON i WDLLT K. 111s• ' a-MAiU P14W RISOSTJ%iT0WJ0AVIA.00&# •ALSO A rSNSKS M TIM 1RSMONT SAII MICMAQL It. ONUOT't ALSO A IISNSSI<OF THE NAIMt SAS s I[-rwlu wvl�J:or Hay 23, 2000 i easi a Park Improvement Association .O. 494 Hy , sport, MA 02672 RE nitallation 6f Septic System: 1 cean Drive yannisport, MA ar a es and Gentlemen: oill have requested our law firm's opinion relative to heth r or not the owner of 91 Ocean Drive in West yann spDrt can install a septic disposal system within the butt ng private way known as Ocean Drive in Seaside Park. o l purposes of this Opinion, we have reviewed the lan lepared by Sullivan Engineering, Inc. (Drawing " c421 1 1 dated February 1, 2000 entitled "Proposed Site mpro a ants, 91 Ocean Drive, W. Hyannisport, Mass." (the Site P n") . In addition, We have reviewed M.G.L. Chapter 87, action 5, Installation of Public Utility Services For utt n Owners On Private Mays Authorized. t is our opinion that the owner of 91 Ocean Drive annoInstall the private septic disposal system in Ocean rive for the following reasons: Ocean Drive is one of a number of paper streets nd yi laid out in the Seaside Park subdivision, all for hich s ireets and ways are subject to the rights of all lot caner in Seaside Park to pass and repass in common free nd c emr of any obstructions. . �l 06/05/2000 15:23 7818376857 SEASIDE HOMES, INC `PAGE '°04 half into The owner of. 91 Ocean Drive owns way Ah 1n cc e w y, subject to the, rights �arnen of all lot owners Se ai e Park to pass and repass for the entire length ,end d h of Ocean Diive without interference by any ibstrt ct ons. . i The Site Plan reveals that the entire septic isposystem, including . the septic tank, D-box, -leaching rea an ` retaining wall are located beyond the lot lines of 1 Oc a Drive and within the private way, portions . of hich c stitute an obstruction of the way. M.G.L. Chapter 183, Section 5 applies to public tili ic a which serve more than one lot and not a private epti mystem serving a single lot. The Seaside Park Improvement Association has ever a owed the 'use of any private streets and ways in east a ark to be used in the manner proposed by the owner f 91 0 an Drive. Ntyovis For STANTON i DRVIS JSD/ i i i 06/05/2000 15:23 7818376857 SEASIDE HOMES, INC 'PAGE 02 gr r r.: June 5, 2000 Towi f Barnstable 367 M in Street Hy a n 9, MA RE. SJ Realty Corp. 1 Ocean Drive eat Hyannisport, MA On alf of the Seaside Park Improvement Association, the Boardlof Directors strongly 4rge you to deny this peti- ti In a ewer to the letter from Kilroy & Warren dated .5-11-00, we w ld like to address some of the points that were made . 1 . Barret, the previous owner,. used the house as a au i house until has retiteseent inithe early 19908. It w then used only :for part of. the winter , and only th a (3) rooms, as he: traveled for the better ppart of th inter . The Barrett children area es 36-46 years an Ave been gone for the past 20 to 21 years. 2 . �'+r Attornet, Jon Davis; questidns the cases cited. Ar the even MA cases? In irennanvs. DeCosta - it was fo n ' that he has the ;ri$ht to maintain, repair, replace a e tic system - NOT INSTALL a NEW.WSTEM. 3 . io Guillet vs. Livernois, the right to change grade - th s :oes not address clear passee _of property owners . Wh t r a retaining wall is installed or a tapered system as n ti propos d, we question the rijht of all property ow e o to bav4 unobstructed passageu 4. iso I br ng to your a.ttention. i e Wetla d Restriction Proggrami Plan .of Wetlands ad p d Octob r 7, 1980. This docuaient is recorded at tht brnstabl County Registry of Dseds - Book#3355 Pa a 213. his. property. --falls •iA :,these restrictions. P1 a � note t e following references: 1 . 13. se L 2 14 set . A.,D Th PIA is ieatly concerned with the adverse environmen- tal ffect t9 s instaliation 4111 -.Have on the marsh and creek. We u ge you to deny this petition Respectfully submitted, Madeleine A(cDonald, Vice President Seaside Park Improvement Association f Town of Barnstable Board of Health Agreement to Extend Time Limit for Acting Upon a Variance Request In the Matter of a variance request form recei ed on I*Idl A?A �d the Petitioner(s), 6'14 G S regarding the property at R 1 10C a bri the petitioner(s) and the Board of Health agree that the Board of Heath has until ZO (insert date)to act upon the Petitioners' completed application for a variance. In executing this Agreement, the Petitioner(s) hereto specifically waive any claim for a constructive grant of relief based upon the time limits, if any, applicable prior to the execution of this Agreement. Petitioner(s): f„ Signature: Signature: etitioner(s)o etiti s Repres/entative hairman or Ac' g hairman Print: s Print: Date: 2000 Date: —June- I -Z 2000 Address of Petitioner(s)or Petitioner's Representative Town of Barnstable Board of Health Town Hall Public Health Division Office 367 Main Street, Hyannis, MA 02601 Phone(508)862-4644 Fax(508)790-6304 cc: Town Clerk Petitioner(s) File Board of Health: file q:extend.doc (2e-eavJ STIPULATION ^^ '' S~� OCEAN AVE-GIATRELLIS Stipulation to be Included in the BOH decision (recorded at the Registry of Deeds) which indicates that the rights provided which allow the Giatrellis' to place the on- site disposal system within the road which they own is specifically subordinated to the right so the town to install public utilities therein, including, but not limited to: sewer, water, electricity, telephone and these rights are intended to be perpetual. J Cecile M. Sullivan 6 Isalene St. P. O. Box 275 West Hyannisport MA. 02672 May 16, 2000 Barnstable Board of Health 367 Main St. Hyannis, MA 02601 Dear Members of the Board of Health, This letter is in regard to a new home and septic system which is proposed on the lot located at 91 Ocean Ave. in West Hyannisport. The marsh and all surrounding wetlands of Hall's Creek are an ecological gold mine which would be highly impacted by the proposed construction. This area should be allowed to recover and revitalize. It has been assaulted by,the run off from the Hyannis Port Golf course, the development on Squaw Island and the development which has occurred in the area of the First to Seventh Avenues in West Hyannisport and in the Green Dunes development. I feel strongly in regard to this matter. The modest cottage which presently exists at the site could most likely be replaced but to enlarge the structure and implement a septic system to accommodate such a home would be very unwise. Please consider the ecological impact to this delicate area. I love and cherish the wildlife which abounds and the views of this lovely marsh. I grew up in this neighborhood and continue to live here, my children have also played in and enjoyed the beauty captured here. Shellfish have not been able to be harvested from this area for over ten years. Recovery will only take place if nature is allowed to heal itself without interruption by overdevelopment. Sincerely, Cecile M. Sullivan 07-07-2000 12:27PM FROM A.M. WILSON ASSOC. TO 7906304 P.02 A.M.Wilson Associates Inc. TO: Pete Sullivan f I FROM: Arlene M.wilson,PWS RE: Criatrelis Project 91 Ocean Drive, west Hyannisport + (Our File No.2.1014.00) DATE: 7/owoo To confirm our telephone discussion of this morning,it is not possible to give.you an itemized issues list for the Giatrelis septic system without a better idea of what the design will be like: There are a few broad issues which,I believe,must be addressed regardless of the specific design for the site,however,as long as the project continues to be a"Maximum Feasible Compliance" request. A 10 CMR 15.404(1) sets forth the manner in which failed or nonconforming systems smaller than 10,000 gpd shall be brought into Code compliance. They are in order of preference: e an upgrade which conforms to code l e ari alternative system e a shared system • connection to a sewer. Section 15.404(2)states that only when full compliance pursuant to Section 15AN(1)is not: feasible may a Local Upgrade Approval under Section 15.405 be considered. In the Giatrelis case,the new house design would be perfectly suited to a composting toilet installation. Such an alternative would eliminate the black water and its pollutant load and reduce the need for leaching by at least 40%. Further,with UV treatment of the grey water,ix could be utilized for vegetative irrigation in the root zone or similar disposal which would allow for infiltration onsite. Without a showing to the Board of Health as to why such an alterna tiye would not be feasible. I do not believe the Board can entertain your application for Maximum Feasible Compliance. l This site would,we believe also be appropriate for a tight tank. As I mentioned,we recently: received:'approval for a similar case in Dennis. P.O.Box 4$6 508 375 0327 3261 Mair Street Bamstable',MA 02630 FAX 315 0329 07-07-2000 12:27PM FROM A.M. WILSON ASSOC. TO 7906304 P.03 If you can pro-vide y p adequate argument on Section 15.404(l)(a-d)there are still certain shortcomings with the design. I have noted before that the design fails to show a Reserve Area. A Reserve Area is required for all systems. In this case,the location of the existing cesspool is inadequate to meet size and setback requirements for use as a Reserve, so a new area must be shown. :The intent to require a Reserve Area,even for MFC projects is shown at 15.404(2)(c), where it is noted that there must be sufficient depth of naturally occurring pervious soil below both the Primary and Reserve Area in a WC design. This section of the Code does not allow the Board to delete the Reserve Area. Therefore,failure to show a Reserve Area requires a Title 5 Variance which has not been requested. Then there is the issue of the easement. Assuming your new design continues to require regrading in the north half of Ocean Drive under the control of the abutters,Mr.and Mrs. Cormayy,(and assuming Mr.Giatrelis is actually found to have the right to install a septic system in the road at all,which we do not coincide),Section 15.404(2xd)requires a valid,recorded easement to do the work and maintain the system. No such easement exists. Without it,the system cannot be built and the Board should not grant a permit for the work. Alternatively,they could grant a permit subject to a condition to obtain and record the necessary easement and' provide them with proof of same prior to issuance of the DWIP. Lastly,is the issue of meeting the standard necessary for a grant of Variance under both Tine 5 and local regulations. It is two-fold. First,that the failure to grant necessary relief would create manifest injustice(Local Code Se. 10.31 and 10.32)and that the design proposed provides the same degree of environmental protection as would a system in full compliance with design , requirements. We will leave the manifest injustice issue to others. However,we would point out that no showing at all has been made on this point to date. As to environmental protection,-it is clear that this standard has not been met. No attempt at all has been made to reduce,mitigate or treat any of the pollutant load here. With a variety of options readily available through alternative technology,none are proposed for use and no comparison of impacts between the design system and a compliant system has been provided. Until I see the.design revision,I cannot provide a punch list of other potentially necessary relief. cc: Barnstable Board of Health 700AW05/csp. TOTAL P.03 Town of Barnstable Board of Health Agreement to Extend Time Limit for Acting Upon a Variance Request In the Matter of a variance request form rec ived on Ma n ,2O00 , the Petitioner(s), ✓� iZi regarding the property at Ob--2in ✓I IWR 3" or" , the petitioner(s) and the Board of Health agree that the Board of Heath has untilZoo�- (insert date) to act upon the Petitioners' completed application for a variance. In executing this Agreement, the Petitioner(s) hereto specifically waive any claim for a constructive grant of relief based upon the time limits, if any, applicable prior to the execution of this Agreement. Petitioner(s): Signature: Signature: etitioner s or P 'ioner'ssRRepresentative ''hairman or Ac n Chairman Print: Print: 11 Date: 2000 Date: �� 2000 Address of Petitioner(s)or Pe'ioner's Representative Town of Barnstable \ Board of Health awn Town Hall v Public Health Division Office 367 Main Street, Hyannis, MA 02601 Phone(508)862-4644 Fax(508)790-6304 cc: Town Clerk Petitioner(s) File Z0116119 B—aFd of Appeals Board of Health: file q:extend.doc f r i Town of Barnstable Board of Health Agreement to Extend Time Limit for Acting Upon a Variance Request In the Matter of a variance request form received on I*-4 40 D the Petitioner(s), G I a+e 1iS regarding the property at 91 065ev, JDLi ye- , the petitioner(s) and the Board of Health agree that the Board of Heath has until / o�OfJv (insert date) to act upon the Petitioners' completed application for a variance. In executing this Agreement, the Petitioner(s) hereto specifically waive any claim for a constructive grant of relief based upon the time limits, if any, applicable prior to the execution of this Agreement. Petitioner(s): Signature: Signature: Petitioner(s)or oner's Representative Chairman or A g hairman Print: 9e0t(WL /S Print: Date: g 2000 Date: 2000 Address of Petitioner(s)or Petitioner's Representative Town of Barnstable Board of Health Town Hall Public Health Division Office 367 Main Street, Hyannis, MA 02601 Phone(508)862-4644 Fax(508)790-6304 cc: Town Clerk Petitioner(s) File Zoning Board of Appeals Board of Health: file q:extend.doc Sullivan Engineering Inc. 7 Parker Road Box 659 Osterville MA 02655 Peter Sullivan P.E . Mass. Registration No. 29733 Phone 508-428-3344 Fax 508-428-3115 e-mail: psullpe@aol.com July 31, 2000 Board of Health Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: 91 Ocean Avenue, W Hyannisport/Giatrelis/ Map 266 Parcel 003 Dear Board of Health, Please find attached revised plans for the Giatrelis property at 91 Ocean Avenue in W Hyannisport. What I have attempted to do is incorporate all relevant comments that have been made to date. As you can see on Sheet 4 of 5, we are proposing an alternative which incorporates a cut off wall. The intent of this alternative is that in the event of a prolonged appeal process, as a minimum, we will be able to upgrade the septic system. I have attached a sketch plan which shows a leach field footprint which complies with Title 5. The unstated obvious is that all work is proposed within a state defined non-eroding coastal bank. In spite of the fact that we are within the non-eroding coastal bank, we can comply with Title 5 setbacks to all other resources. I have also attached a second sketch which delineates bottom area of the proposed system. I trust this meets your present needs and I look forward to your favorable review. tru MnP H� P(V eter Su PETER SULLSullivan Engineering Inc. O. j33, CIVIL cc: Thomas A. McKean, RS, CHO, Director of Public Health , ��� ' r Carlos T. B. Fragata/DEPSERO L� Arlene Wilson/A M Wilson Associates, Inc. Members of American Society of Civil Engineers, Boston Society of Civil Engineers t I CZ, c ^ z © o8 a O Ocean �� a r a�� (40' Wide - Private Way) 61 _ -- — Drive ' t / 453+SF Lawn / 80,00, S 85 27' E 65' 60-00, Con L=2 0.6 g Entry cV TBM EI=6.11' NGVD Top of CB/DH A / #91 FF 10.1'(MSL) OS — — — Existing Dwelling elk a� \ / Brick 65' Chimney Con PETER c'' \ Wall SULLIVAN W.rrr973 A6� CIVIL 4 \ Wood Deck Lawn A5 A4 A3 _ A2 Resource Line Flag (as Flagged by ENSR Pale Ede of g 0 10 20 30 40 FEET � Phrogmites a N Su��Ilvan Engineering, Mc. �a vs�� Sheet Title: Sketch plan Showing Leach Area (qompugation PO Box 659 7 Parker Road 99 Ocean DrMs Osterville, MA 02655 Osterville MA 02655 West�`iLyannippon MA (508)428-3344 (508)428-3115 fox (508)420-3994 (508)420-3995 fax PSullPEOool.com copesurv@copecod.net Date July 70, 2000 Dwg # C421p1 i Q Ohl OV96W (40' Wide - Priv(7te Way) o 353.1±SF _ t prive (Per=98.0±') 10' Affective Totol Areo = 451±SF 10,0 \ / Lawn / 80.00, S 85 27'00" 60.00' � . Conc - L=20.69 TBM EI=6.11' NGVD Entry � 10' Top of CB/DH A / #91 FF-70.1'(MSL) AS 50' Existing Dwelling Blk� A8 / I K OF Brick Chimney ConcWall kiTtR SMIVAN W."70V A 6� CNII \ wood Deck \ Lawn 5 A5� Al A4 A3 _ A2 Resource Line Flog (os Flagged by ENSR O Pole Edge of 0 10 20 30 40 FEET Phrogmites a Sullivan Engineering, ���o �Col�s�l�!Jll V Sheet Title: Sketch pl�1nSho1�in g9 TWO M Desch Area Yetbacks PO Box 659 7 Parker Road 99 Ocean Dime Osterville, MA 02655 Osterville MA 02655 West Hya011nippon MA (508)428-3344 (508)428-3115 fox (508)420-3994 (508)420-3995 fax PSullPEool.com copesurv@copecod.net 1 Date July 17 2000 Dwg # C421pl KILROY & WARREN, P.C. ATTORNEYS AT LAW 67 SCHOOL STREET BERNARD T. KILROY P.O. BOX 960 BANKRUPTCY COUNSEL LAURIE A. WARREN HYANNIS, MASSACHUSETTS 02601-0960 WILLIAM G. BILLINGHAM TELEPHONE (508) 771-6900 TELEFAX (508) 775-7526 May 11, 2000 BY HAND Barnstable Board of Health TOWN OF BARNSTABLE 367 Main Street Hyannis, MA 02601 IN RE : CSJ REALTY CORP. 91 OCEAN STREET HYANNISPORT MA OUR FILE NO. : 00-01-0002 Dear Board Members : This office represents the applicant, CSJ Realty Corp. who is seeking a permit to install an on-site septic system for the above- referenced property. This letter is in partial response to a letter from Mr. McKean to Sullivan Engineering, Inc . dated April 25, 2000 . Does the applicant have the right to install a septic system in the southerly half of Ocean Street? Enclosed please find copies of the following: 1 . Deed from Alfred H. Hughes, Trustee of Seaside Park Association to Margaret F. Fox dated September 22 , 1925 and recorded in Book 423 , Page 396 ; 2 . Deed from Alfred H. Hughes, Trustee of Seaside Park Association to Margaret F. Fox dated October 14, 1925 and recorded in Book 427, Page 335; and 3 . Deed from Margaret F. Fox to Bessie E. Johnston dated May 5, 1932 and recorded in Book 488, Page 443 . J F Barnstable Board of Health TOWN OF BARNSTABLE Page 2 May 11, 2000 The above deed to Bessie E. Johnston contains the description of the property now owned by my client . At the time that the property was conveyed by Margaret F. Fox to Bessie E. Johnston in the above deed, she retained ownership to the land on the north side of Ocean Street which land is now owned by Mr. Cormay. Under the provisions of MGL Chapter 183 , Section 58 , a copy enclosed, it is clear that the deed from Fox to Johnston of the land now owned by my client, included the ownership in the fee of Ocean Street to the center line of Ocean Street, the northerly half of Ocean Street being retained by Margaret Fox. Also enclosed are copies of the plan of Seaside Park filed in Plan Book 34 , Page 23 and of a portion of the layout of Third Avenue filed in Plan Book 22 , Page 113 , as it intersects with Ocean Street . Also enclosed is an excerpt from the Centennial edition of Seaside Park which I obtained from the Town Historic Commission Director, Patricia Anderson which contains a description of the home now located on 91 Ocean Street and indicates that, the prior owner, John Barrett lived in the property as his year-round home until his death in 1997 . My client purchased the property from Mr. Barrett' s son and has rented the property as a year-round house since its acquisition. The Barretts have five (5) children all of whom lived with their parents at the premises during the summer vacation periods through the years of their ownership which began in 1963 . You will recall from your site visit, the precipitous drop in the grade of Ocean Street as it extends from the westerly side line of Third Avenue along the northerly side of 91 Ocean Street, that Mr. Sullivan pointed out the moderate increase in the grade of that portion of Ocean'.Street line on the north side of 91 Ocean Street to accommodate not only the installation of the septic system therein, but also to accommodate the increase in elevation of the home at 91 Ocean Street to conform to FEMA regulations and the state building code. Counsel for the abutter, the Cormays, in his April 7, 2000 letter to you, has set out four points as a basis for your denial of the permit . 1 . The applicant owns the fee to the center line of Ocean Street and needs no easement to make reasonable use of the fee that is not inconsistent with the holders of the right to pass and repass over Ocean Street . i Barnstable Board of Health TOWN OF BARNSTABLE Page 3 May 11, 2000 2 . The applicant has no need to make use of the rights set forth in MGL Chapter 187, Section 5 . That section of the General Laws allows a person who has a granted right of way in a private way to grant utility easements over the entire length of the way irrespective of fee ownership in the way. There was never any intent to make any use of those portions of Ocean Street, the fee in which is not owned by my client, for the location of portions of the septic system. It is clear that all of the surrounding properties obtained their utilities from Third and Fourth Avenue, and there is no need for the abutter to use Ocean Street for utility access . 3 . The applicant does have the right to locate a septic system in the fee portion of Ocean Street owned by it . Enclosed is a copy of the case of Kendall B . Hardy, 94 NE 254, in which the Court recognized the right of a fee owner of a private way to construct a coal bin beneath the surface of the way and that such construction and use was not inconsistent with the full use and enjoyment of the plaintiff therein to use her easement of way for passage . Also enclosed is a copy of the case of Brennan Vs . DeCosta, 511 NE 2nd 110, a copy of which I previously delivered to the Board in which Footnote No. 1 indicates that the Land Court found that the defendant had a right to maintain, repair and replace the existing septic system located beneath the surface of Fern Avenue and that such use was not inconsistent with the rights of the abutters to use Fern Avenue for all purposes for which ways are used in Middleton. We have indicated to you that it is the plan to remove the paving from that portion of Ocean Street lying in front of 91 Ocean Street, and replace it with crushed gravel and that, in the event the Conservation Commission would allow the removal of the growth that extends into Ocean Street on the west side of 91 Ocean Street, the applicant would extend the grade of Ocean Street in a tapered way so that there would be removed the need for any wall in the southerly portion of Ocean Street . It is interesting that counsel for the Cormays suggests that a retaining wall located in an area that is impassible to the west of 91 Ocean Street because of the growth, would impede the right of passage without admitting that his own client has installed and maintained a row of trees on the north half of Ocean Street that makes that section of Ocean Street completely impassible . Barnstable Board of Health TOWN OF BARNSTABLE Page 4 May 11, 2000 4 . The proposed change in grade in Ocean Street by the applicant will in fact alter the direction of water. The applicant has proposed to install a catch basin in the north half of Ocean Street to collect the water run-off, has proposed to put a catch basin within the limits of Third Avenue to collect the water running down Third Avenue, and is willing to take other reasonable precautions to prevent unreasonable water damage to the Cormay property. Enclosed is a copy of the case of Descantis Vs . Minwater and Sewer Commission, 666 NE 2nd 1292 which discusses the reasonable use doctrine governing the liability for private nuisance caused by flow of surface waters from a land owner' s property to that of an adjoining land owner. It stands for the proposition that reasonable use of a property owners land is permissible even if it redirects some water out to the property of an abutter. My client stands ready, willing, and able to work-out a reasonable solution to this problem and believes he has the solution to the water drainage problem. Also, see Guillet v. Livernois, et al . , 8 NE 2d 921 for right to change grade . The proposed project of my client has been carefully designed by Sullivan Engineering, Inc . with the goal of maximum feasible compliance as set forth in Title V. It consists of a plan to relocate the septic system in a way as least offensive to the environment, proposes to alter an existing year-round home in a way that would be more protective to the environment, will reduce the bedroom count, and will result in a significant improvement to the site and to the surface area of Ocean Street . The moderate change in grade of Ocean Street will be more receptive to the passage by the families who .apparently use it as a foot path to and from the beach area. It would be manifestly unjust to deny the permit sought by the applicant . Very truly yours, KI Y & RREN,i P. C. , erna d T. Kilroy BTK:j z Enclosures CC : Mr. Stephen J. Giatrelis Robert Smith, Town Attorney Conservation Commission k:\clients\giatrelis\bbh t� Page 1 Citation/Title 8 N . E . 2d 921., 297 Mass . 337 , Guillet v. Livernois, (Mass . 1937 ) *921 8 N .E . 2d 921 297 Mass . 337 , 112 A. L.R. 1300 CUILLET V. LIVERNOIS. PERRON et al. V. SAME. PERRON V. SAME. Supreme Judicial Court of Massachusetts, Worcester. May 28, 1937 . Three suits in equity by Marilda Guillet, by Omer L. Perron and others and by Anna M. Perron, against Jules Livernois . From final decrees confirming a master ' s report in favor of defendant, plaintiffs appeal . Affirmed. 1 . EASEMENTS �44 (2) 141 ---- 141II Extent of Right, Use, and Obstruction 141k39 Extent of Right 141k44 Ways 14lk44 (2 ) Extent of way. Mass . 1937 An owner of right of way, described as being over named street, has right of travel over entire width of street . 2 . EASEMENTS <� 53 141 ---- 141II Extent of Right, Use, and Obstruction 141k53 Maintenance and repair . Mass . 1937 An owner of right of way over impassable street could change grade, make improvements and build sidewalks on street, irrespective of rights of drainage across street of adjoining owners who shared right of way, one of whom owned soil of street . 3 . EASEMENTS �40 141 ---- 141II Extent of Right, Use, and Obstruction 141k39 Extent of Right Copyright (c) West Group 2000 No claim to original U . S . Govt . works Page 2 8 N. E . 2d 921, 297 Mass . 337, Guillet v. Livernois, (Mass . 1937 ) 141k40 In general . [See headnote text below] 3 . PROPERTY (9zzD7 315 ---- 315k7 Ownership and incidents thereof . Mass . 1937 When property right is created, every right necessary for its enjoyment is included by implication . 4 . EASEMENTS �53 141 ---- 14111 Extent of Right, Use, and Obstruction 141k53 Maintenance and repair . Mass . 1937 One entitled to use private way may make reasonable repairs and improvements, where way is already in use and especially where without improvements way is impassable . 5 . EASEMENTS °C�53 141 ---- 141II Extent of Right, Use, and Obstruction 141k53 Maintenance and repair. Mass . 1937 Whether improvements made by owner of right of way are reasonable in view of equal rights of others is largely a fact question. Appeal from Superior Court, Worcester County; Whiting, Judge . F. P. McKeon, of Worcester, and A. St . Onge, of Southbridge, for appellants . [297 Mass . 338] E . A. Brodeur, of Worcester, and H . J. Tetreault, of Southbridge, for appellee . LUMMUS, Justice . Since 1925 the plaintiff Guillet has owned a house and lot of land in Southbridge, bounding westerly on March street and northerly 120 feet on a proposed street called Lincoln street . On the opposite side of Lincoln street, the plaintiffs Omer L. Perron and Anna M. Perron, husband and wife, have owned since 1925 a house and lot of land, bounding westerly on Marcy street and southerly 120 feet on Lincoln street . Since 1928 Anna M Perron has owned a vacant lot on the northerly side of Lincoln street, bounding westerly on the lot owned by her and her husband. Since 1930 the defendant has owned a lot on the southerly side of Lincoln street, bounding westerly on the Guillet lot . Lincoln street is 35 feet wide, and all parties have rights of way over it from their lands to Marcy street Guillet and the Perrons own the soil of Lincoln street to the center of the street opposite their lots, but Anna M. Perron owns the entire Copyright (c) West Group 2000 No claim to original U . S . Govt . works f Page 3 8 N.E . 2d 921, 297 Mass . 337, Guillet v. Livernois, (Mass . 1937) soil of the street opposite her lot and that of the defendant, while the defendant owns no part of the soil of the street . Prior to 1925 Lincoln street was wholly unwrought and impassable for vehicles . Its level for about 120 feet easterly from March street was considerably lower than that of Marcy street, and its surface was rough, soft and wet . The Perrons in 1925 filled in a part of Lincoln street and made a tar driveway 10 feet wide within the limits of Lincoln street from Marcy street to the rear of their lot . They also extended their lawn southerly into Lincoln street to a width of 8 feet for a length of 70 feet, and on the easterly end of the extended lawn built a retaining wall about 3 1/2 feet high, within the limits of Lincoln street . The plaintiff Guillet as early as 1925 likewise extended her lawn northerly into Lincoln street, and built a similar retaining wall at the easterly end of the extended lawn, within the limits of Lincoln street . Trees, some of them six or seven years old, are growing in these lawns . The lowest point in the natural surface of Lincoln street is opposite the easterly end of the lots of Guillet and [297 Mass . 339] the Perrons, where the surface is 7 feet below the level of Marcy street . From that point, going eastward, there is an abrupt rise, opposite the lots of Anna M. Perron and the defendant, to a point 5 feet above the level of Marcy street . The land slopes down from the lot of Anna M. Perron southerly across Lincoln street and the lot of the defendant . In its natural state Lincoln street afforded no access by vehicles to the defendant ' s lot . When in the summer of 1934 the defendant built a house on his lot, he built at *922 a level lower than the natural level of his lot at Lincoln street . To obtain access to his lot, he cut down the level of Lincoln street in front of it . He claimed the right to make Lincoln street passable and usable as a way from his easterly line to Marcy street for its entire width of 35 feet . He has decided to accept as the proper grade of Lincoln street the grade of the driveway built by the Perrons . He has removed the turf from that part of the Guillet lawn which is within the limits of Lincoln street, has taken down the retaining wall, and has made the surface confrom in height to the driveway built by the Perrons . He proposes to remedy in like manner the encroachment of the lawn and retaining wall of the Perrons . He has filled in the low spot in Lincoln street opposite the easterly end of the lots of Guillet and the Perrons . He proposes to build a granolithic sidewalk, 4 feet in width, along the southerly side of Lincoln street, from Marcy street . The result of these changes, beyond what has already appeared, is that the natural drainage from the lot of the Perrons southerly over Lincoln street has been stopped, and that the easterly end of the lot of Anna M. Perron has been left about 5 feet above the street, without any retaining wall . The foregoing facts appeared in a master ' s report which was confirmed. The bills, which sought to enjoin the defendant from doing further work in the street and to compel him to restore the street to its former condition, were dismissed with costs, without prejudice to an action by the defendant against the Perrons for obstructing the way; [297 Mass . 340] except that in the case Copyright (c) West Group 2000 No claim to driginal U . S . Govt . works f Page 4 8 N .E . 2d 921, 297 Mass . 337, Guillet v. Livernois, (Mass . 1937 ) brought by Anna M. Perron the defendant was ' permanently enjoined from unreasonably changing the grade of the way abutting and adjacent to the premises of the plaintiff, having due regard to the elevation of the lands of the parties adjoining the way and the grade of the way when constructed or making it less convenient and useless to any appreciable extent as a way to any one who has an equal right in said way, ' with costs to the plaintiff . The several plaintiffs appealed. [1] Lincoln street is the only means of access to the defendant ' s house and lot . It was shown as a street 35 feet wide on plans referred to in the deeds of the parties, and was mentioned in the description in the deed to the defendant in these words : ' Together with a right of way in common with others over said right of way leading from said Marcy street, 35 feet in width as laid out . ' The defendant has a right of travel over its whole width. Farnsworth v. Taylor, 9 Gray, 162; Tudor Ice Co . v. Cunningham, 8 Allen, 139; Gray v. Kelley, 194 Mass . 533, 535, 80 N . E . 651; Carter v. Sullivan, 281 Mass . 217 , 223, 183 N .E. 343; Rotch v. Livingston, 91 Me . 461, 40 A. 426 . [2] [3] [4] [5] He has also, we think, the right to make Lincoln street passable and usable for its entire width, having due regard to the rights and interests of others . This follows from the general principle that ' when an easement or other property right is created, every right necessary for its enjoyment is included by implication . ' Sullivan v. Donohoe, 287 Mass . 265, 267 , 191 N. E . 364 , 365; White v. Eagle & Phenix Hotel Co. , 68 N .H . 38, 43, 34 A. 672 . The right of anyone entitled to use a private way to make reasonable repairs and improvements is well established in cases where the way is already in use . Meehan v. Barry, 97 Mass . 447 ; Killion v. Kelley, 120 Mass . 47 ; Draper v. Varnerin, 220 Mass . 67 , 107 N . E . 350; New York Central Railroad v. Ayer, 242 Mass . 69, 75, 136 N .E . 364 . The right exists even more clearly where without improvement the way is impassable and useless . Senhouse v. Christian, 1 Term Rep. (Drunf . & East) 560; Newcomen. v. Coulson, 5 Ch. D. 133; White v. Eagle & Phenix Hotel Co. , 68 N . H. 38, 42, 34 A. 672; Herman v. Roberts, 119 N.Y. 37, 42, 23 N .E . 442, 7 L .R.A. 226, 16 Am. St . Rep. 800; Missionary Society of Salesian Congregation v. Evrotas, 256 N .Y . 86, 90, 175 N.E . 523; Hammond v. Hammond, 258 Pa . [297 Mass . 341] 51, 56, 101 A. 855, L .R.A. 1918A, 590 . Whether improvements made are reasonable in view of the equal rights of others is largely a question of fact . Meehan v. Barry, 97 Mass . .447; Herman v. Roberts, 119 N.Y. 37, 45, 23 N.E . 442, 7 L .R.A. 226, 16 Am. St .Rep . 800 . This is not a controversy over divers plans of improvement . The plaintiffs apparently desire Lincoln street to remain unimproved and. impassable . The defendant had to establish some grade, for there was no existing or natural grade at which a usable way could be built. For this reasons, cases like Killion v. Kelley, 120 Mass . 47 , and Draper v. Varnerin, 220 Mass . 67, 107 N.E . 350, are inapplicable . It does not appear that the grade adopted was unreasonable . The construction of a sidewalk, a usual incident of such a way, was proper . Missionary Society of Salesian *923 . Congregation v. Evrotas, 256 N .Y . 86, 91, 175 N .E . 523 . The Perrons have no right to drain across Lincoln street that is superior to the right of the defendant reasonably to improve the Copyright (c) West Group 2000 No claim to original U. S . Govt . works J t ♦ r ' Page 5 8 N. E . 2d 921, 297 Mass . 337, Guillet v. Livernois, (Mass . 1937 ) street . Possible criticisms of the rather intangible injunction issued against the defendant in the suit by Anna M. Perron, by which the substantial merits of the case might be transferred to future proceedings for contempt., are not before us, for the defendant has not appealed. In the case brought by Anna M. Perron the entry should be, decree affirmed; and in each of the other cases, decree affirmed with costs . Ordered accordingly. Copyright (c) West Group 2000 No claim to original U. S . Govt . works F ti Page 1 Citation/Title 666 N .E . 2d 1292, 423 Mass . 112, DeSanctis v. Lynn Water and Sewer Com' n, (Mass . 1996) *1292 666 N.E . 2d 1292 423 Mass . 112 Louis R. DeSANCTIS V. LYNN WATER AND SEWER COMMISSION. Supreme Judicial Court of Massachusetts, Essex. Argued March 7, 1996 . Decided July 1, 1996 . Landowner brought action against city water and sewer commission, asserting claims in trespass, nuisance, and takings, alleging that commission caused or permitted water to flow onto his land over extended time period so as to alter its physical characteristics . The Superior Court, Essex County, J. Harold Flannery, J. , barred recovery for landowner, based on jury finding that landowner caused or contributed to 800 of damage . Landowner appealed. After transferring action from Appeals Court on its own motion, the Supreme Judicial Court, Abrams, J. , held that : (1) jury' s conclusion that commission did not make unreasonable use of its land precluded landowner ' s recovery against commission on nuisance claim, despite jury finding that commission was negligent, and (2 ) jurors ' answers to special questions were sufficient, under comparative negligence principles, to bar landowner' s recovery against commission on negligent trespass claim, despite fact that jury was not specifically asked whether landowner was comparatively negligent . Affirmed. 1 . MUNICIPAL CORPORATIONS �835 268 ---- 268XII Torts 268XII (D) Defects or Obstructions in Sewers, Drains, and Water Courses 268k835 Obstruction or diversion of flow of surface water . Mass . 1996 . Jury' s conclusion that city water and sewer commission did not make unreasonable use of its land precluded landowner ' s recovery against commission on nuisance claim, alleging that commission caused or permitted water to flow onto his land over extended time period so as to alter its physical characteristics, despite jury finding that commission was negligent; jury concluded that .commission negligently caused water to flow onto landowner' s property but did not intentionally or by unreasonable use cause water to flow onto property. M. G. L.A. c . 131, § 40 . Copyright (c) West Group 2000 No claim to o-tiginal U. S . Govt . works Page 2 666 N . E . 2d 1292, 423 Mass . 112, DeSanctis v. Lynn Water and Sewer Com' n, (Mass . 1996) 2 . WATERS AND WATER COURSES <= 115 405 ---- 405V Surface Waters 405k115 What are surface waters . Mass . 1996 . For purposes of landowners ' rights, "surface waters" are waters from rain, melting snow, springs, or seepage, or floods that lie or flow on surface of earth and naturally spread over ground but do not form part of natural watercourse or lake . Restatement (Second) of Torts § 846 . See publication Words and Phrases for other judicial constructions and definitions . 3 . WATERS AND WATER COURSES <°: 118 405 ---- 405V Surface Waters 405k118 Obstruction or repulsion of flow. [See headnote text below] 3 . WATERS AND WATER COURSES CZz;:7119 (1) 405 ---- 405V Surface Waters 405k119 Drainage or Discharge 405kll9 (1) In general . Mass . 1996 . Under "reasonable use doctrine" governing liability for private nuisance caused by flow of surface waters from landowner ' s property to that of adjoining landowner, each possessor is legally privileged to make reasonable use of his land, even though flow of surface waters is altered thereby and causes some harm to others, but incurs liability when his harmful interference with flow of surface waters is unreasonable . See publication Words and Phrases for other judicial constructions and definitions . 4 . WATERS AND WATER COURSES <9z:;7126 (3) 405 ---- 405V Surface Waters 405k122 Actions 405k126 Proceedings and Review 405k126 (3) Hearing, determination, and relief . Mass . 1996 . Under reasonable use doctrine governing liability for private nuisance caused by flow of surface waters from landowner ' s property to that of adjoining landowner, reasonableness is question of fact for jurors, whose decision is based on consideration of all relevant circumstances including amount of harm caused, foreseeability of harm which results, purpose or motive with which Copyright (c) West Group 2000 No claim to original U. S . Govt . works Page 3 666 N . E . 2d 1292, 423 Mass . 112, DeSanctis v. Lynn Water and Sewer Com' n, (Mass . 1996) possessor acted, and all other relevant matter. ' 5 . WATERS AND WATER COURSES °G�119 (1) 405 ---- 405V Surface Waters 405k119 Drainage or Discharge 405k119 ( 1) In general . Mass . 1996 . Under reasonable use doctrine governing liability for private nuisance caused by flow of surface waters from landowner ' s property to that of adjoining landowner, in determining reasonableness, jurors must consider whether utility of possessor ' s use of his land outweighs gravity of harm which results from his alteration of flow of surface waters . 6 . WATERS AND WATER COURSES @zz;1119 (1) 405 ---- 405V Surface Waters 405k119 Drainage or Discharge 405k119 (1) In general . Mass . 1996 . Determination of unreasonable use is essential to successful maintenance of private nuisance claim for diversion of surface waters . 7 . WATERS AND WATER COURSES 119 (1) 405 ---- 405V Surface Waters 405k119 Drainage or Discharge 405kll9 (1) In general . Mass . 1996 . Under reasonable use doctrine governing liability for private nuisance caused by flow of surface waters from landowner ' s property to that of adjoining landowner, in determining reasonableness, fact finder must view landowner ' s activity on his land with eye toward effect of that activity on flow of surface waters . 8 . WATERS AND WATER COURSES f;Z�7119 (1) 405 ---- 405V Surface Waters 405k119 Drainage or Discharge 405k119 (1) In general . Mass . 1996 . Under reasonable use doctrine governing liability for private nuisance caused by flow of surface waters from landowner ' s property to that of adjoining landowner, if landowner fails to control flow of surface waters but on consideration of all relevant factors his actions are reasonable, action for nuisance will not lie . 9 . WATERS AND WATER COURSES <°=119 (1) Copyright (c) West Group 2000 No claim to original U. S . Govt . works i Page 4 666 N . E . 2d 1292, 423 Mass . 112, DeSanctis v. Lynn Water and Sewer Com' n, (Mass . 1996) 405 ---- 405V Surface Waters 405k119 Drainage or Discharge 405kll9 (1) In general . Mass . 1996 . For purposes of reasonable use doctrine governing liability for private nuisance caused by flow of surface waters from landowner ' s property to that of adjoining landowner, regardless of category into which defendant ' s actions fall, e .g. , intentional and unreasonable or negligent, reckless, or abnormally dangerous, reasonable use rule explicitly, as in case- of intentional acts, or implicitly, as in case of negligent acts, requires finding that conduct of defendant was unreasonable; this is essential inquiry in any nuisance action. 10 . TRESPASS G�12 386 ---- 386I Acts Constituting Trespass and Liability Therefor 386k9 Trespass to Real Property 386k12 Entry. Mass . 1996 . Plaintiff may recover under theory of negligent trespass if jurors determine that defendant was negligent and that defendant ' s negligent entry onto plaintiff ' s land caused plaintiff harm. Restatement (Second) of Torts § 165 . 11 . MUNICIPAL CORPORATIONS �842 268 ---- 268XII Torts 268XII (D) Defects or Obstructions in Sewers, Drains, and Water Courses 268k842 Contributory negligence of person injured. Mass . 1996 . Jurors ' answers to special questions were sufficient, under comparative negligence principles, to bar landowner ' s recovery against city water and sewer *1292 commission on negligent trespass claim, in action in which landowner alleged that commission caused or permitted water to flow onto his land so as to alter its physical characteristics, despite fact that jury was not specifically asked whether landowner was comparatively negligent; jurors ' answers that landowner was responsible for 800 of his damage, in conjunction with evidence that he acted in violation of criminal wetlands statute and that his actions either caused creation or exacerbation of wetland conditions on his land, necessitated conclusion that jurors determined that landowner was contributorily negligent in causing substantial damage to his property. M.G. L.A. c . 131, § 40; c. 231, § 85; Restatement (Second) of Torts § 165 . 12 . MUNICIPAL CORPORATIONS �842 268 ---- 268XII Torts 268XII (D) Defects or Obstructions in Sewers, Drains, and Water Courses 268k842 Contributory negligence of person injured. Mass . 1996 . Copyright (c) West Group 2000 No claim to original U. S . Govt . works Page 5 666 N . E . 2d 1292, 423 Mass . 112, DeSanctis v. Lynn Water and Sewer Com' n, (Mass . 1996) Supreme Judicial Court was not statutorily precluded from considering landowner ' s violation of criminal wetlands statute in assessing whether landowner was comparatively negligent, for purposes of landowner' s negligent trespass claim against city water and sewer commission, alleging that commission caused or permitted water to flow onto his land over extended time period so as to alter its physical characteristics, as governing statute merely precluded use of violation of statute, ordinance, or regulation alone to bar a plaintiff from recovery. M. G . L.A. c . 131, § 40; c. 231, § 85 . *1293 Charles E . Schaub, Jr . (Kim Goslant with him) , Boston, for plaintiff . Hugh W . Samson, Lynn, for defendant . Before LIACOS, C . J. , and WILKINS, ABRAMS, LYNCH and GREANEY, JJ. ABRAMS, Justice . The plaintiff, Louis R. DeSanctis, appeals from the judgment of the Superior Court denying him recovery on his claims that the defendant, the Lynn water and sewer commission (LWSC) , caused or permitted water to flow onto his land over an extended period of time, causing his property to become inundated with water, and altering the physical characteristics of the land permanently. The plaintiff asserted claims in trespass, nuisance, *1294 and takings, seeking both injunctive and monetary relief against the city of Lynn, the town of Saugus, Kenneth W. Sanders, and the LWSC . The takings claim was directed out by the Superior Court judge, the question of injunctive [423 Mass . 1131 relief reserved, and the remaining counts tried before a jury which returned a verdict in the form of answers to special questions . The jurors found in favor of Saugus and Sanders on every claim. (FN1) The jurors concluded that the LWSC had not intentionally or by unreasonable use caused water to flow onto the plaintiff ' s property but that it had negligently done so. The jurors determined that LWSC had 20o responsibility for the plaintiff ' s damage and that the plaintiff, through his filling work, caused or contributed to 800 of the damage . Invoking G . L. c . 231, § 85 (1994 ed. ) , the Commonwealth ' s comparative negligence statute, the trial judge barred the plaintiff from recovery. The plaintiff appeals only that portion of the ruling that denied him recovery of damages against LWSC and, therefore, we discuss only the facts relevant to that claim. We transferred the case to this court on our own motion. The plaintiff is the fee owner of 14 . 7 acres of land located on the easterly side of Route 1 in Saugus . He leased this land in 1954 and purchased it in 1966 . Approximately 6 . 3 acres of this land are protected wetlands and therefore unsuitable for development . (FN2) Two reservoirs, Walden Pond and Birch Pond, connect at a structure known as a wellhole immediately adjacent to the plaintiff ' s property on land managed by LWSC . This land also contains pipes and tunnels comprising part of the Lynn water supply system. The parties are in sharp disagreement as to the age and cause of the wetland Copyright (c) West Group 2000 No claim to original U. S . Govt . works Page 6 666 N. E . 2d 1292, 423 Mass . 112, DeSanctis v. Lynn Water and Sewer Com' n, (Mass . 1996) conditions on the plaintiff ' s property. The plaintiff said that when he purchased the property in 1966 it was not inundated with water and he was not aware it was considered a wetland. At trial, the plaintiff produced evidence that the dam at the wellhole weeped or caused small [423 Mass . 114) trickles of water to escape and thereby steadily flow onto his land. Further evidence showed that on at least two occasions, in 1969 and 1971 (prior to the creation of LWSC by St . 1982, c . 381) , the dam at the wellhole overflowed, flooding the plaintiff ' s property and neighboring Route 1 . In 1985 the dam was again breached, resulting in water entering the plaintiff ' s property. The plaintiff contends that these problems with the wellhole and its pipe and tunnel structure caused the damage to his property. The defendants defended on the theory that their actions with regard to the collection and dispersion of surface water benefitted the plaintiff by retarding the flow of water onto his land rather than causing water to flow onto the land. The LWSC argued that without the wellhole, more water would naturally flow onto the plaintiff ' s property. (FN3) The defendants asserted that the land has always been a wetland. They produced evidence at trial that the plaintiff ' s land was at the bottom of a natural drainage basin, was depicted on maps, soil surveys, and photographs as a swamp or marshland since at least 1829, and that a soil test confirmed that the land had been a wetland for at least *1295 thirty years . (FN4 ) The defendants counter-attacked with allegations that the plaintiff ' s illegal filling activity on the land blocked the natural flow of water and caused an increase in the amount and spread of the water on the plaintiff ' s property. (FN5) LWSC introduced evidence that additional fill and blasting ledge had been placed on the [423 Mass . 1151 plaintiff ' s land prior to 1984 and again in 1989 . Aerial photographs showed that the natural drainage channel was blocked by this filling activity. The jurors concluded that LWSC was negligent and was 20% responsible for the damage and or adverse changes to the plaintiff ' s property and the plaintiff was 80% responsible for the changes and or damage . They determined that the damage was not repairable and reduced the value of the plaintiff ' s property by $143, 000 . Following the verdict, the plaintiff moved for entry of judgment in the amount of $715, 000, plus interest and costs and renewed his motion for an injunction against further spillage . of water . The plaintiff argued, based on an ex parte telephone call from a juror, that the jurors intended to award the plaintiff $143, 000 as 200 of the total damages . He argued that the jurors ' findings compel the legal conclusion that the LWSC has committed a nuisance and that, because nuisance liability is not subject to comparative negligence set- off, he should recover the full amount of his damages . The plaintiff ' s posttrial motion was denied and he appeals . We conclude that, because the Jurors determined that LWSC did not use its land unreasonably, the plaintiff has not sustained his burden of proof under a private nuisance theory. We further conclude that G.L. c . 231, § 85, bars the plaintiff ' s recovery under a negligent trespass theory. We affirm the judgment . [1] [2] A. Interference with natural drainage of surface waters. The Copyright (c) West Group 2000 No claim to original U . S . Govt . works Page 7 666 N. E . 2d 1292, 423 Mass . 112, DeSanctis v. Lynn Water and Sewer Com' n, (Mass . 1996) plaintiff contends that he was irreparably harmed by the flow of surface water from the defendant ' s property onto his land. (FN6) He alleges that LWSC' s negligent maintenance of the wellhole and its adjoining pipes and culverts created a private [423 Mass . 116] nuisance for which it is liable without regard to the plaintiff ' s comparative negligence . We conclude, on the basis of the jurors ' answers to the special questions, that LWSC ' s actions did not create an actionable private nuisance and that LWSC was therefore not liable under a private nuisance theory. (FN7 ) In Massachusetts, liability for a private nuisance caused by the flow of surface waters from a landowner ' s property to that of an adjoining landowner depends on whether the landowner is making a reasonable use of his land. See Tucker v. Badoian, 376 Mass . 907 , 916-917 , 384 N.E . 2d 1195 (1978) (Kaplan, J. , concurring) (announcing intention to replace rigid and anarchic "common enemy" rule with reasonable use doctrine) . See also von Henneberg v. Generazio, 403 Mass . 519, 522, 531 N .E . 2d 563 (1988 ) (recognizing that since Tucker, supra, reasonable use doctrine is law of Massachusetts with regard to claims of private nuisance resulting from the flow of *1296 surface water) ; Triangle Ctr. , Inc. v. Department of Pub. Works, 386 Mass . 858 , 863, 438 N . E . 2d 798 (1982) (applying reasonable use doctrine to public landowners) . [3] [4] [5] Under the reasonable use doctrine, "each possessor is legally privileged to make a reasonable use of his land, even though the flow of surface waters is altered thereby and causes some harm to others, but incurs liability when his harmful interference with the flow of surface waters is unreasonable . " Armstrong v. Francis Corp. , 20 N . J. 320, 327, 120 A. 2d 4 ( 1956) . Reasonableness is a question of fact for the jurors whose decision is based on consideration of all the relevant circumstances including the amount of harm caused, the foreseeability of the harm which results, the purpose or motive with which the possessor acted, and all other relevant matter . Tucker, supra at 917-918 n. 2, 384 N . E . 2d 1195 . The jurors also must consider whether the utility of the possessor ' s use of his land outweighs the gravity of the harm which results from his alteration of the flow of surface waters . Armstrong, supra at 330, 120 A. 2d 4 . See Tucker, supra . [6] [7] [8] [9] Contrary to the plaintiff ' s contention, a determination by the jurors that LWSC negligently caused water to flow onto the plaintiff ' s land and adversely change or otherwise damage the plaintiff ' s land is not sufficient to support liability for a [423 Mass . 117] private nuisance . The cases cited by the plaintiff do not support his contention that the negligent diversion of surface water is per se a private nuisance because each, unlike this case, involved a finding that the defendant landowner was committing an unreasonable use of his land. See, e . g . , von Henneberg v. Generazio, supra; Triangle Ctr. , Inc. v. Department of Pub. Works, supra; Schleissner v. Provincetown, 27 Mass .App .Ct . 392, 538 N .E . 2d 995 (1989) . A determination of unreasonable use is essential to the successful maintenance of a private nuisance claim for diversion of surface waters . Negligence, while relevant to the reasonableness Copyright (c) West Group 2000 No claim to original U. S . Govt . works Page 8 666 N.E . 2d 1292, 423 Mass . 112, DeSanctis v. Lynn Water and Sewer Com' n, (Mass . 1996) of LWSC ' s use of its land, is not determinative of the existence of a private nuisance . See Butler v. Bruno, 115 R. I . 264 , 273, 341 A. 2d 735 (1975) ("The New Hampshire rule of reasonable use does not rest on negligence, nor does it focus solely on the character of the property owner ' s action . Instead, it focuses on the results of the action, the consequent interference with another ' s use and enjoyment of his land--much like the nuisance branch of tort law") . "Under the Tucker standard, the fact finder must view the landowner ' s activity on his land with an eye toward the effect of that activity on the flow of surface waters . " von Henneberg, supra at 523, 531 N .E . 2d 563 . If a landowner fails to control the flow of surface waters but on a consideration of all relevant factors his actions are reasonable, an action for nuisance will not lie . "Regardless of the category into which the defendant ' s actions fall [intentional and unreasonable or negligent, reckless, or abnormally dangerous] , the reasonable use rule explicitly, as in the case of intentional acts, or implicitly, as in the case of negligent acts, requires a finding that the conduct of the defendant was unreasonable . This is the essential inquiry in any nuisance action. " Pendergrast v. Aiken, 293 N. C. 201, 217, 236 S . E . 2d 787 (1977 ) . Here the jurors, properly charged in line with Tucker v. Badoian, supra, (FN8 determined by their answer to a special question that the LWSC did not make an unreasonable use of its land. The jurors, when asked whether LWSC "intentionally or negligently, or by unreasonable use of its property, cause [d] water to flow onto the DeSanctis property, " concluded that LWSC negligently caused water to flow onto the DeSanctis [423 Mass . 1181 property but did not intentionally or by unreasonable use cause water to flow onto the property. (FN.9 The jurors ' conclusion that LWSC did not make an unreasonable use of its land is supported by the evidence and is binding on the *1297 plaintiff . (FN10) It is conclusive as to the plaintiff ' s claim of private nuisance . See Schleissner v. Provincetown, 27 Mass .App .Ct . 392, 394, 538 N.E . 2d 995 (1989) ( "The determination whether the town has created a nuisance depends on whether it is making reasonable use of its property to control the collection and disposal of surface waters") . See also von Henneberg v. Generazio, 403 Mass . 519, 522, 531 N.E . 2d 563 (1988) . [10] B. Negligence. The jurors ' failure to find unreasonable use while precluding recovery under a private nuisance theory does not preclude the plaintiff ' s recovery under an independent cause of action for negligent trespass . See Tarzia v. Hingham, 35 Mass .App.Ct . 506, 508-510, 622 N .E . 2d 1372 (1993) (distinguishing negligence and private nuisance) . A plaintiff may recover under the theory of negligent trespass if the jurors determine that the defendant was negligent and that the defendant ' s negligent entry onto the plaintiff ' s land caused the plaintiff harm. See Restatement Second of Torts § 165 '(1965) ; Cannon v. Sears, Roebuck & Co. , 374 Mass . 739, 742, 374 N .E. 2d 582 (1978) ("A cause of action based on negligence requires that both negligence and harm be shown, with a causal connection between these two elements" ) . Absent comparative negligence on the part of the plaintiff, he would be entitled, given the jurors ' findings of negligence and causation, to recovery under the theory Copyright (c) West Group 2000 No claim to original U . S . Govt . works r Page 9 666 N.E . 2d 1292, 423 Mass . 112, DeSanctis v. Lynn Water and Sewer Com' n, (Mass . 1996) of negligent trespass . [11] [12] The jurors were not specifically asked whether the plaintiff was comparatively negligent . (FN11) Despite this failure, we agree with the trial judge that the jurors ' answers to special questions [423 Mass . 119] were sufficient to bar the plaintiff ' s recovery under principles of comparative negligence . In answer to special questions, the jurors determined that the plaintiff ' s filling work caused or contributed to his damage and that the plaintiff was responsible for 800 of the total damage to his property. These conclusions were well supported by the evidence and could only have resulted if the jurors determined that the plaintiff ' s filling work on his land constituted negligence . LWSC offered overwhelming evidence that the plaintiff engaged in filling activity on his land, that this filling activity was in violation of a criminal statute designed to protect wetlands from alteration, and that such activity unintentionally blocked the natural drainage of surface water on the plaintiff ' s land and thereby caused substantial damage to the plaintiff ' s land. Once such evidence of the plaintiff ' s negligence in causing alteration to the wetlands on his property was introduced, the presumption that the plaintiff was acting with due care no longer had any effect . Morgan v. Lalumiere, 22 Mass .App. Ct . 262, 265, 493 N .E . 2d 206 (1986) . The plaintiff ' s own testimony confirmed that he illegally filled the land, that he did not intend to block the drainage channel and create wetland conditions on his land, and that he did not consider the proximity to the wetlands when he did engaged in the filling activity. We conclude that the jurors ' answers to the special question that the plaintiff was responsible for 800 of his damage, in conjunction with the evidence that the plaintiff acted in violation of the criminal statute and that the plaintiff ' s actions either caused the creation or the exacerbation of the wetland conditions on his land, necessitates the conclusion as a matter of law that the jurors determined that the plaintiff was contributorily negligent in causing substantial damage to his own property. (FN12) See *1298. Brown v. Boston & Me. R. R. , 302 Mass . 90, 91-92, 18 N.E . 2d 440 (1939) (motor vehicle operator [423 Mass . 1201 guilty of contributory negligence as matter of law where all evidence indicates that he had ample opportunity to exercise proper caution and did not do so, acting in violation of statute) ; Joyce v. New York, N.H. & H. R. R. , 301 Mass . 361, 364-365, 17 N.E . 2d 189 (1938 ) . Because the jurors concluded that the plaintiff bore more than 500 of the responsibility for his damage, G. L. c . 231, § 85, the comparative negligence statute bars the plaintiff from recovering any damages from LWSC under a negligence cause of action. See Morgan v. Lalumiere, supra . The trial judge, therefore, acted properly in denying the plaintiff recovery. Judgment affirmed. FN1 . The city of Lynn was dismissed as a defendant prior to the case ' s going to the jury. FN2 . At trial, the plaintiff ' s wetland specialist opined that over 50% of the Copyright (c) West Group 20.00 No claim to original U . S . Govt . works Page 10 666 N . E . 2d 1292, 423 Mass . 112, DeSanctis v. Lynn Water and Sewer Com' n, (Mass . 1996) plaintiff ' s land was wetland and that, even if all sources of water to the wetland were removed immediately, the area would remain a wetland for thirty to sixty years . The wetland currently is static. The specialist had no knowledge that would indicate that the size of the wetlan.d had changed appreciably between his first observation in 1985 and later observations in 1991 and 1992 . FN3 . LWSC maintains that it first became aware of a problem with flooding on the plaintiff ' s land in 1985 when the dam at the wellhole was breached, that is, the well did not overflow, but that there was a crack or a hole in the well through which the water flowed. The LWSC reacted promptly to the plaintiff ' s complaint and immediately alleviated the problem. Later that year, the LWSC prepared an internal capital improvement program to rehabilitate and improve the water system in Lynn. A further survey, conducted by the United States Environmental Protection Agency and what is now the Massachusetts Depa--tment of Environmental Protection, recommended covering and securing the wellhole . The wellhole remains uncovered and unsecured due to resistance from the Saugus conservation commission which has expressed concern about the wellhole ' s historic significance and protection of the wetlands . FN4 . The soil covering virtually all of the plaintiff ' s land is designated by soil conservation services as "muck, " suggesting decades or centuries of soil saturation. FN5 . In 1984 , the plaintiff authorized a contractor to fill a portion of his land with debris from a construction site in East Boston . The plaintiff was ordered, under threat of criminal sanction, to desist and to remove the fill he had already placed on his property. He was told that the Saugus conservation commission determined that his land was a red maple swamp, an epitomal wetland marsh, and that, therefore, his actions violated G. L. c. 131, § 40 ( 1994 ed. ) , which makes it a crime to fill near a wetland without a valid order of conditions . The plaintiff contends that this was the first notice he had that his land was considered a protected wetland. The criminal complaint was dismissed when the plaintiff agreed to remove the fill he had caused to be placed on the land. FN6 . Surface waters are waters from rain, melting snow, springs, or seepage, or floods that lie or flow on the surface of the earth and naturally spread over the ground but do not form a part of a natural watercourse or lake. Restatement Second of Torts § 846 (1979) . This court did not distinguish between surface and ground water with regard to landowners ' rights . Tucker v. Badoian, 376 Mass . 907 , 912, 384 N. E . 2d 1195 ( 1978 ) . Kennison v. Beverly, 146 Mass . 467 , 469, 16 N.E . 278 (1888 ) . FN7 . As a consequence, we need not decide whether the principles of comparative negligence apply to claims of private nuisance . FN8 . The plaintiff did not request that the jurors be charged that they could Copyright (c) West Group 2000 No claim to original U . S . Govt . works Page 11 666 N.E . 2d 1292, 423 Mass . 112, DeSanctis v. Lynn Water and Sewer Com' n, (Mass . 1996) find a private nuisance based on LWSC ' s negligence alone and did not object to the jury charge given. FN9 . The jurors were instructed specifically that the categories of negligence, intentional conduct, and unreasonable use were not mutually exclusive and that they should make a separate determination as to each theory. FN10 . Because the jury verdict was favorable to LWSC, we do not reach the argument that it was entitled to a directed verdict . FN11 . LWSC, when informed at the eleventh hour that the judge sua sponte had decided to instruct the jury on negligence, should have objected or asked for an instruction on comparative negligence . However, given that negligence was not alleged in the complaint nor in the plaintiff ' s request for jury instructions, and causation and responsibility (issues relevant to comparative negligence) were hotly contested at trial, and the judge did instruct the jury that the defendants bore the burden of proof on their contention that the plaintiff ' s filling activity caused or contributed to the harm, we conclude that the special questions to the. jury adequately conveyed the comparative negligence principles to the jury. See Carvalho v. State Band Club, Inc. , 3 Mass .App.Ct . 755, 327 N.E . 2d 925 (1975) (defendant entitled to adequate charge on controlling issues; failure to request instructions immaterial) . *1298_ FN12 . Contrary to the plaintiff ' s suggestion, we are not precluded from considering the violation of the criminal statute in assessing whether the plaintiff was negligent . General Laws c. 231, § 85, merely provides that "the violation of [a] statute, ordinance or regulation shall not as a matter of law and for that reason alone, serve to bar a plaintiff from recovery" (emphasis added) . See LaClair v. Silberline Mfg. Co. , 379- Mass . 21, 28 , 393 N . E . 2d 867 (1979) (violation of safety statute or like enactment, while not conclusive on issue of liability, is evidence of a violator ' s negligence as to all consequences that the statute was intended to prevent) . Our conclusion is in accord with the statute and caselaw as it is based on, in addition to violation of the criminal statute, the jurors ' answers and the extensive testimony as to the negligently caused effect of the plaintiff ' s illegal activities on drainage on his land. Copyright (c) West Group 2000 No claim to original U. S . Govt . works f Page 1 Citation/Title 511 N .E . 2d 1110, 24 Mass .App. Ct . 968, Brennan v. DeCosta, (Mass .App.Ct . 1987) *1110 511 N .E . 2d 1110 24 Mass .App .Ct . 968 Daniel E. BRENNAN et al. V. James J. DeCOSTA et al. Appeals Court of Massachusetts, Essex. Argued May 14 , 1987 . Decided Aug. 28 , 1987 . Action was brought concerning right to use street shown on recorded plan but never layed out on ground. The Land Court, Essex County, determined that owners of land abutting street had right to use street as shown on plan for all purposes for which streets or ways were used in city, and appeal was taken. The Appeals Court held that : (1) determination that street was used, so that general rule that title of persons owning land abutting street ran to center thereof was applicable, was not clearly erroneous; (2) there was no abandonment of right to use street; and (3) right to use street was not extinguished by adverse possession . Affirmed. 1 . BOUNDARIES �20 (1) 59 ---- 59I Description 59k19 Roads, Ways, and Public Grounds 59k20 Public Ways 59k20 (1) In general . Mass .App. Ct . 1987 . Generally, title of persons who acquire land bounded by street or way runs to center line of way and carries with it right to use way along its entire length, even if way is not physically in existence, so long as it is contemplated and sufficiently designated. M.G. L.A. c . 183, § 58 . 2 . BOUNDARIES (9z='20 (1) 59 ---- 59I Description 59k19 Roads, Ways, and Public Grounds 59k20 Public Ways 59k20 (1) In general . Mass .App.Ct . 1987 . Abutters to way are free to challenge existence of way, if way was not actually staked out or used, as limitation on general rule that title of persons Copyright (c) West Group 2000 No claim to original U. S . Govt . works Page 2 511 N . E . 2d 1110, 24 Mass .App.Ct . 968, Brennan v. DeCosta, (Mass .App .Ct . 1987) who acquire land bounded by street or way runs to center line of way and carries with it right to use way along its entire length. M.G.L.A. c . 183, § 58 . 3 . MUNICIPAL CORPORATIONS ° 648 268 ---- 268XI Use and Regulation of Public Places, Property, and Works 268XI (A) Streets and Other Public Ways 268k648 Establishment by prescription, user, or recognition . Mass .App.Ct . 1987 . Findings that predecessors in title to owners of land abutting street,, shown on recorded plan but never layed out on ground, had used street for access to their property and that another owner had plowed street for benefit of all neighbors were not clearly erroneous and, therefore, landowners had right to use street as shown on plan for all purposes for which streets or ways were used in city. M.G. L.A. c . 183, § 58; Rules Civ. Proc. , Rules 1, 52 (a) , 43A M.G.L.A. 4 . EASEMENTS 9=130 (1) 141 ---- 141I Creation, Existence, and Termination 141k30 Abandonment or Nonuser 141k30 (1) In general . Mass .App .Ct . 1987 . Nonuse, as such, would not work abandonment of easement . 5 . EASEMENTS <;�32 141 ---- 141I Creation, Existence, and Termination 141k32 Adverse possession . Mass .App .Ct . 1987 . Owners of land abutting way were required, to establish acquisition through adverse possession of fee unencumbered by easement in disputed way, to prove occupation of land irreconcilable with its use as way, openly, notoriously, adversely, and without interruption for more than 20 years . 6 . EASEMENTS C�36 (3) 141 ---- 141I Creation, Existence, and Termination 141k36 Evidence 141k36 (3) Weight and sufficiency. Mass .App. Ct . 1987 . Trial judge could find that owners of land abutting way failed to establish acquisition through adverse possession of fee unencumbered by easement in disputed portion of way, given its finding that, although it was necessary to drive between existing trees, there was no obstacle to proceeding by motor vehicle via way and that predecessors in title to other owners did just that . *1111 [24 Mass .App.Ct . 969] Anthony M. Metaxas, Salem, for defendants . Michael J. Splaine, Beverly, for plaintiffs . Copyright (c) West Group 2000 No claim to original U . S . Govt . works Page 3 511 N . E . 2d 1110, 24 Mass .App.Ct . 968 , Brennan v. DeCosta, (Mass .App.Ct . 1987 ) Before GREANEY, C . J. , and DREBEN and KASS, JJ. [24 Mass .App.Ct . 968] RESCRIPT . Neighbors, no longer friendly, dispute the right to use a street shown on a plan recorded in 1897 but never laid out on the ground. The DeCostas, defendants, claim the right to close and use a portion of the paper street, Fern Avenue, in Middleton . A judge of the Land Court determined, adversely to the DeCostas, that abutters on Fern Avenue, notably the plaintiffs, have the right to use Fern Avenue as shown on the 1897 plan for all purposes for which streets or ways are used in Middleton. (FN1) [1] 1 . Status of the way. As a general rule, the title of persons who acquire land bounded by a street or way runs to the center line of the way, G.L. c. 183, § 58 , and carries with it the right to use the way along its entire length . Goldstein v. Beal, 317 Mass . 750, 755, 59 N.E . 2d 712 (1945) . Casella v. Sneierson, 325 Mass . 85, 89, 89 N .E . 2d 8 (1949) . Murphy v. Mart Realty of Brockton, Inc. , 348 Mass . 675, 677-678, 205 N .E . 2d 222 (1965) . The rule is applicable even if the way is not physically in existence, so long as it is contemplated and sufficiently designated. Ibid. (2] To that general rule, however, there are limitations . If the way was not actually staked out or used, abutters such as the DeCostas are free to challenge the existence of the way. Wellwood v. Havrah Mishna Anshi Sphard Cemetery Corp. , 254 Mass . 350, 355, 150 N.E . 203 (.1926) . Goldstein v. Beal, 317 Mass . at 755-756, 59 N.E . 2d 712 . Walter Kassuba Realty Corp. v. Akeson, 359 Mass . 725, 727-728, 271 N .E . 2d 660 (1971) . Shaw v. Solari, 8 Mass .App.Ct . 151, 155, 392 N.E . 2d 853 (1979) . [3] Although the instant case resembles Shaw v. Solari, the decisive distinction is that the Land Court judge found, on contradictory evidence, that "Fern Avenue can be located on the ground in accordance with the plan on [24 Mass .App.Ct . .969] which the parties ' title claims are based"; that the predecessors in title to the Brennans had used Fern Avenue for access to their property; and that an abutter, one Kasenenko, had plowed Fern Avenue for the benefit of all neighbors . However marginally, the path and use of Fern Avenue could be followed. The judge ' s findings, while not compelled, are scarcely clearly erroneous . See Mass .R.Civ. P. 52 (a) , 365 Mass . 816 (1974 ) , made applicable to these proceedings by Mass .R.Civ. P. 1, as amended, 385 Mass . 1214 (1982) ; Shapiro v. Burton, 23 Mass .App.Ct . 327, 330, 502 N .E. 2d 545 (1987) . [4] 2 . Abandonment . The judge found that the persons in the Brennan chain of title had not abandoned any right they may have had to use Fern Avenue . At most they had simply disregarded Fern Avenue . . Non-use, as such, will not work an abandonment of an easement . Desotell v. Szczygiel, 338 Mass . 153, 158, 154 N .E . 2d 698 (1958 ) . Lemieux v. Rex Leather Finishing Corp. , 7 Mass .App .Ct . 417, 421-422, 388 N . E . 2d 1195 (1979) . Contrast Sindler v. William M. Bailey Co. , 348 Mass . 589, 593, 204 N.E . 2d 717 (1965) . Copyright (c) West Group 2000 No claim to original U. S . Govt . works Page 4 511 N.E . 2d 1110, 24 Mass .App.Ct . 968, Brennan v. DeCosta, (Mass .App.Ct . 1987) [5] [ 6] 3 . Adverse possession. In addition to grant, release, estoppel, or abandonment, an easement in a way may be extinguished by adverse possession. Emery v. Crowley, 371 Mass . 489, 495, 359 N.E . 2d 1256 (1976) . To establish acquisition through adverse possession of a fee unencumbered by an easement in the disputed portion of Fern Avenue, the DeCostas were bound. to prove occupation of the land irreconcilable with its use as a way, openly, notoriously, adversely, and without interruption for more than twenty years . Lemieux v. Rex Leather Finishing Corp. , 7 Mass .App.Ct . at 422-424 , 388 N .E . 2d 1195 . Yagjian v. O'Brien, 19 Mass .App.Ct . 733, 735-737 , 477 N. E . 2d 202 (1985) . See Shaw v. Solari, 8 Mass .App . Ct . at 155-156, 392 *1112 . N .E . 2d 853 . Once again the DeCostas ' case founders on the judge ' s findings . She found that the uses made by the predecessors in title of the DeCostas were not "of such nature or of such long duration as to eliminate the rights of other property owners whose land abuts on Fern Avenue . " The judge expressly found that, although it was necessary to drive between existing trees, there was no obstacle to proceeding by motor vehicle to and from Park Avenue and the Brennan land via Fern Avenue and that predecessors in title to the Brennans did just that . The judge was not required to believe that the photographic evidence of barriers proved continuous obstruction over the prescriptive period. See Lawton v. Dracousis, 14 Mass .App.Ct . 164 , 168-170, 437 N. E . 2d 543 (1982) . Judgment affirmed. FN1 . That right, the court also determined, was subject to the defendants ' right to maintain, repair, and replace an existing septic system located beneath the surface of Fern Avenue . Copyright (c) West, Group 2000 No claim to original U. S . Govt . works 4 (( 4 , • � ' ' � �' � � r Page 1 Citation/Title 94 N . E . 254, 208 Mass . 20, Kendall v. Hardy, (Mass . 1911) *254 94 N. E . 254 208 Mass . 20 KENDALL V. HARDY. Supreme Judicial Court of Massachusetts, Suffolk. Feb. 27, 1911 . Appeal from Supreme Judicial Court, Suffolk County. Suit by Harriott M. Kendall against John D. Hardy, trustee . From a decree granting insufficient relief, both parties appeal . Bill dismissed in part, and retained in part . I 1 . EASEMENTS (s 12*) --RIGHT OF WAY--ACQUISITION. A deed of land bounded on a way leading to a street, which provides that the way shall always be kept open for its full width for the benefit of the abutters thereon, grants an easement in the way, and gives the right to have it kept open . [Ed. Note . --For other cases, see Easements, Cent . Dig. ss 35-38 , 41; Dec . Dig . s 12 . *] * For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No . Series & Rep ' r Indexes 2 . EASEMENTS (s 61*) --OBSTRUCTION--EQUITABLE RELIEF. Where the legal owner of land abutting on a way to a street gave permission to another owner to construct a bay window projecting over the way, when a third person had but a moral right to redeem the land from mortgages, the third person, redeeming the land, could not compel the removal of the windows not affecting the light of his house, though the way was required to be kept open its full width for the benefit of the abutters for purposes of light, but he must resort to an action at law for damages . [Ed. Note . --For other cases, see Easements, Dec. Dig. s 61 . *] * For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No . Series & Rep ' r Indexes 3 . EASEMENTS (s 44* ) --RIGHT OF WAY--RIGHTS ACQUIRED. Copyright (c) West Group 2000 No claim to o1riginal U. S . Govt . works Page 2 94 N.E . 254 , 208 Mass . 20, Kendall v. Hardy, (Mass . 1911) Where an easement in a way extending to a street for the purposes of light, way, and drainage was granted to abutting owners after a public sewer had been constructed through the length of the way, which gave the municipality and the public permanent rights therein, the grant did not give an abutting owner the right to have the land below the surface of the way remain unused, and a construction of a coal bin by an owner under the way did not subject him to a suit by another owner, whose property was not damaged thereby. [Ed. Note .--For other cases, see Easements, Dec . Dig. s 44 . *] * For other cases see same topic and section NUMBER in Dec . Dig. & Am. Dig. Key No. Series & Rep ' r Indexes EASEMENTS <�12 (2) 141 ---- 141I Creation, Existence, and Termination 141k12 Express Grant 141kl2 (2) Sufficiency of words of conveyance in general . Mass . 1911 Deed of land bounded on a way leading to street, which provides that way shall be kept open for its full width for benefit of abutters thereon, grants an easement in way, and gives right to have it kept open. EASEMENTS �44 (1) 141 ---- 141II Extent of Right, Use, and Obstruction 141k39 Extent of Right 141k44 Ways 141k44 (1) In general . Mass . 1911 Where easement in way extending to street for light, way, and drainage was granted to abutting owners after public sewer had been constructed through length of way, which gave municipality and public permanent rights therein, grant did not give abutting owner right to have land below surface of way remain unused, and construction of coal bin by owner under way did not subject him to suit by another owner, whose property was not damaged thereby. EASEMENTS °=61 (1) 141 ---- 141II Extent of Right, Use, and Obstruction 141k61 Actions for Establishment and Protection of Easements 141k6l ( 1) Nature and form of remedy in general . Mass . 1911 Where legal owner of land abutting on way to street gave permission to another owner to construct bay window projecting over way, when third person had but moral right to redeem land from mortgages, third person, redeeming land, could not compel removal of windows not affecting light of his house, though way was required to be kept open its full width for benefit of abutters for light, but he must resort to action at law for damages . Copyright (c) West Group 2000. No claim to original U. S . Govt . works_ Page 3 94 N.E . 254 , 208 Mass . 20, Kendall v. Hardy, (Mass . 1911) Warren, Garfield, [208 Mass . 24] Whiteside & Lamson and Winthrop I . Nottage, for plaintiff. Moorfield Storey and Harold S . Davis, for defendant . [208 Mass . 25] KNOWLTON, C. J. The plaintiff is the owner of the equity of redemption in an apartment hotel on the southerly side of Commonwealth avenue called ' The Colonial, ' and the , defendant is the owner of the ' Hotel Puritan' on the same avenue, a short distance west of the plaintiff ' s property. Both of these houses extend back from Commonwealth avenue southward to a passageway 16 feet wide, between Commonwealth avenue and Newbury street, which starts from a dead end at its eastern extremity and runs westward, parallel with these two streets, and then turns at a right angle to the south and enters Newbury street . The land through which the passageway runs belonged to Henry M. Whitney and others, trustees . Their deed to Farwell, under which the plaintiff obtained her title, bounded the premises southerly ' on a passageway 16 feet wide, which leads to Newbury street, as shown on the plan hereinafter mentioned, and which is always to be kept open its full width for the benefit of the abutters thereon for the purposes of light, way, drainage and the like, ' etc. The deeds from these grantors, under which the defendant claims title, bound the lots on the passageway, and refer to it in substantially the same way. The deeds to all the other abutters on that part of the passageway which runs parallel with Commonwealth avenue and Newbury street refer to the passageway in similar, although not identical terms . There is no doubt that the presiding justice rightly ruled that the plaintiff, by her deed, acquired an easement in that part of the passageway which is in the rear of the defendant ' s building, and the right to have it kept open. The defendant, in the erection of the ' Hotel Puritan' in 1908 and 1909, constructed four horizontal rows of bay windows, the lowest of which start at a height *254 of from 19 to 20 feet above the surface of the passageway, and all of which project about 3 feet beyond the line of the passageway. The maintenance of the windows there is a technical invasion of the plaintiff ' s right, and this bill is brought to obtain a mandatory injunction which will compel the defendant to remove them. The defendant .has constructed bins or vaults under the passageway, extending 7 feet and 4 1/2 inches beyond the line of it, which he uses for the storage of coal and other [208 Mass . 26] articles . Against the maintenance of these the plaintiff in like manner asks for an injunction . The first and most important question is whether, under the circumstances, the plaintiff is entitled to the remedy that she seeks . She was not the owner of the property when these windows were constructed. George Wheatland was then the owner of it, subject to two mortgages to secure amounts which nearly equaled its value . He was also the owner of the larger one of these mortgages . She did Copyright (c) West Group 2000 No claim to o l riginal U. S . Govt . works u Page 4 94 N . E . 254 , 208 Mass . 20, Kendall v. Hardy, (Mass . 1911) not obtain her title until a considerable time after the windows had been constructed. While it is agreed that previously she had a moral right and interest in the property, we understand that she had no right that was enforceable or recognizable in law. The defendant procured from some of the abutters on the passageway an agreement in writing that he might erect and maintain the windows on the building, and all the abutters except the plaintiff have joined in the agreement, without the payment of any consideration. He went to Mr . Wheatland, who was the only person except the other mortgagee that had legal or enforceable rights in the property, and Mr . Wheatland' s testimony in regard to the conversation is as follows : ' I told him I was not interested in it, and said I would not bring any suit . I did not want to do that sort of thing . I should not bring suit against a man when there was no reason. I did not think it proper for me . ' The defendant testified that he told Mr . Wheatland ' what Mr . Kendall proposed to do, and Mr . Wheatland said * * * that he did not think that Mr . Kendall had any standing in the matter at all, that he had only---- He had a verbal agreement to redeem this, and there was due him then about $135, 000, and he did not believe Kendall or anybody else would redeem the property at that figure, and asked if I did. * * * He did not wish to take any action that would seem hostile to Kendall, but that as far as---- Kendall could not do anything until he had title to the property, * * * and in the meantime I need not worry, * * * and so far as he was concerned, he would have no part whatever in any such action as Mr . Kendall was making. ' This conversation was after the work had been begun and before it was finished. *256 Kendall was the plaintiff ' s husband and agent . The nearest bay window to the defendant ' s building is about [208 Mass . 271 120 feet from ' The Colonial, ' while on the building directly west of 'The Colonial, ' between that and the ' Hotel Puritan, ' there are bay windows projecting out over the passageway which have been there for 10 or 12 years, and, so far as appears, without objection from anybody. The nearer of these bay windows is within about 15 feet of ' The Colonial, ' and the further within about 30 feet, and they are so located that from no part of the plaintiff ' s house can the bay windows of the defendant ' s house be seen, even by leaning out of a window. The light, which is one of the purposes for which the passageway was. to be kept open, was for the benefit of the houses along the way. It is manifest that the defendant ' s bay windows do not affect the light of the plaintiff ' s house . So far as the light was for the benefit of persons traveling on the passageway, the bay windows do not noticeably diminish it . The judge found that the plaintiff ' s estate has not been damaged by the putting out of the bay windows . All of the other abutters on the way have agreed to the maintenance of them. The plaintiff complains of nothing but a technical invasion of her legal rights, which causes her no- damage . This too, when at the time of the construction of the windows she had no right to the property that could be enforced, and when the owner at that time, without attempting to deprive her of her moral right, indicated his personal willingness, as owner, that the windows should be maintained there . The question is whether, under these circumstances, equity requires that the defendant should remove the windows at a large expense and to Copyright (c) West Group 2000 No claim to original U . S . Govt . works Page 5 94 N . E . 254 , 208 Mass . 20, Kendall v. Hardy, (Mass . 1911) the great damage of his property. When the legal owner of the property gave him an assurance that he should not object to the windows personally, and told him that the plaintiff was not likely ever to acquire any legal right to the property, is the fact that, before the windows were completed, he understood that the plaintiff had a moral right to redeem, with no right of which the law takes cognizance, and with no power to give him any rights, sufficient to charge him with the commission of a great wrong, such as to subject him to the penalty of cutting off his windows at great loss, when no one could be benefited by the removal of them? Under the facts of this case we are of opinion that equity does [208 Mass . 28 ] not require the enforcement of the plaintiff ' s technical right by an order for an injunction . Her legal right remains, and she is entitled to nominal damages . A majority of the court are inclined to apply the general principle under which the plaintiff has been left to his remedy in damages in many cases . See Brande v. Grace, 154 Mass . 210, 31 N . E . 633; Lynch v. Union Institution for Savings, 159 Mass . 306, 34 N . E . 364 , 20 L. R. A. 842; Harrington v. McCarthy, 169 Mass . 492, 48 N . E . 278 , 61 Am. St . Rep . 298 ; Levi v. Worcester Consolidated St . Ry. , 193 Mass . 116, 78 N . E . 853; Washburn v. Miller, 117 Mass . 376; Isenberg v. East India Estate Company, 3 De Gex, J. & S . 263; Durell v. Pritchard, L. R. 1 Ch. 244 ; Hall v. Rood, 40 Mich . 46, 29 Am. Rep. 528; Nicodemus v. Nicodemus, 41 Md. 529 . The case of Stewart v. Finkelstone, 206 Mass . 28-38, 92 N . E . 37 , 28 L. R. A. (N . S . ) 634 , was very different from the present one in its facts . The presiding justice held that the construction by the defendant of the underground bins or vaults, for use for the storage, of coal and other articles, was not inconsistent with the full use and enjoyment of her easement by the plaintiff, and did not exceed the defendant ' s rights as owner . The easement granted was the right to have the passageway kept open. This includes the entire space above the ground. The additional words, ' for the purposes of light, way, drainage, and the like, ' are explanatory of the intended use of the passageway, but they create no additional right unless by implication. Drainage is to only one of these words that by any interpretation can ralate to rights underground. Its meaning can be satisfied by referring it to drainage upon the surface . When we consider it in reference to the plaintiff ' s construction of drains beneath the surface, it is important to remember that, before the first of these deeds referring to the passageway was made, the city had laid out and constructed a public sewer through the whole length of the passageway. It is to be assumed that this had been done under proper rpoceedings which gave the city and the public permanent rights there . It is found that all the buildings on the passageway drain into this sewer . If underground drainage was included in the reference in the deeds, it is not to be supposed that the parties contemplated anything more than drainage into and through the public sewer . We are of opinion that these deeds did not give the individual abutters a right to have the land beneath the surface of the [208 Mass . 291 passageway remain unused, so that the construction of a coal bin by an owner under it would subject him to a suit by an abutter whose property was not Copyright (c) West Group 2000 No claim to original U . S . Govt . works f 94 N. E . 254 , 208 Mass . 20, Kendall v. Hardy, (Mass . 1911) Page 6 damaged by it . The rule as to ownership along highways where a public easement is taken, which gives rights for all kinds of passage and transportation beneath the surface as well as above it, permits the individual proprietor to use the property in any reasonable way, so long as he does not interfere with the exercise by the public of its paramount right . Sears v. Crocker, *256 184 Mass . 586, 69 N . E . 327, 100 Am. St . Rep. 577 . Whenever the public authorities find it necessary to use it, the individual owner *257 . must give way. Without determining whether the reference to drainage in these deeds gives the grantees any rights in the passageway beyond the use of it for surface drainage, and as abutters entitled to the benefit of the public sewer, we are of opinion that the findings and rulings of the judge on this point were correct . It follows that the bill must be dismissed as to that part of it which relates to the subterranean construction, but will be retained for the establishment of the plaintiff ' s right as to the bay windows, and a decree awarding nominal damages and costs, unless the plaintiff elects to have it dismissed altogether. So ordered. Copyright (c) West Group 2000 No claim to original U. S . Govt . works . AM BARNSTABLE, PLANNING, DEPT FAX N0, 508 862 4725 P. 2 Re ffeetions 49 , 7 � it •t x , `i� s• _> Built in 1933 by Mr.Walter Fox for the Johnston family,the cottage was called Chiquita by Mrs.Johnston whose husband worked for United.Fruit Company. Later,after being sold to the Eaton Family, three rooms were added. Subsequently the house was bought by a Hyannis school teacher,Miss Miller, In 1959 the property was purchased by Fourth Avenue resident,John Koch, from whom the Barrett family rented the house in 1960 and purchased it in 1961. The Barretts have made many changes to the interior and exterior of this Ocean Street house which has become the year-round home of John Barret in his retirement. John Barrett Ocean Street 0 AM BARNSTABLE, PLANNING, DEPT FAX NO, 508 862 4725 P, 3 CEV ENNIAL EDPHON ==-- S ASID PARK J NNYY t - I' 1- I:J 1893--1993 WEST HYANNZSPORT MASSACHUSETTS l 9:01 AM BARNSTABLE, PLANNING, DEPT FAX N0, 508 862 4725 P. 4 ACKNOWLEDGEMENTS This book is the second publication attempting to reflect what 1 fe was and is on the Jvenues. Cur gratitude,posthumously, to Dorothy Fawcett and Dorothy French for writing the 1J i_�t;Seaside Park,booklet, "1893 Through the Years 1954; thus preserving memories of those precious times and giving us a sense of our history. Our gratitude also to all who so generously shared feelings, experiences and memories with the rest of us in their "Reflections'... and to those who searched through boxes and ai LzliFs of old and recent photos to bring those memories to life again. Kudos to Helen Harris who took hundreds of photos; and who typed and retyped count- less pages of handwritten material,,, and retyped them again after further editing. We ! ;e also i mmeasurably grateful for her brilliant creativity and for her constant support- :�vz and responsive presence. The commemorative Centennial Envelope was designed and financed by Stephen P. ynch, incorporating the Centennial logo designed by Scot McDonald Bravo to you both.' Thanks to Lenny Miller for several hours of computer work during the early phase of production. f✓e note with appreciation the support of Martin Traywick and Marie Walsh, local Realtors whose regard for our Seaside Centennial spirit prompted them to contribute to the funding of this publication. :r;F:e research,production, design and editing of this Centennial Book over the past three years has truly been a labor of love. Joan Donovan President, SPL4 Published by Seaside Park Improvement Association Printed by On-Cape Lithographers,Inc. Copyright 1993 by SPIA, �LA AeeePA!d"�ji the To►re1;el�t.d LAID OUT BY Kol� ,+ - - SCAiX-'4p FEET ti FE 192a 3 : s' a.F "err ? •_ rdk2T Ma Z' ' ' /Tess• - A L < ��:i Fct•}` < f+��f' -.� - ' 'AW /s. rar .. .-i+aJ ��, _ �- ,,,rig ... `'_ ,� -•, .,-:) 4Ni ` IV THRD AVENUE 7- lZ ^� Ic...,y.✓cam.�� �lzt � ( rZ /wr -~w F- 74iiwf B.Hs L.�✓.Or/Ys `� /7/• /�! /7.r /77 B. f f'1 /� A" (h e&7 /is .. .'✓.srnrf R..K�ry J�- - ►i7 . iy of q �` P_ 44.3 said Taylor's .range as the fence now stands one hundred (100) feet to a town ;N road; thence southwesterly and Westerly by said town road to the South Orleans �,'rsQ• Road above mentioned; thence North a little Easterly in range of said Southa` :z Orleans Road, one hundred and twenty (120) feet to the point of beginning. Being ' F.,•r,.r.0 a portion of lend formerly owned by Harriet or Hattie L. Read, now deceased, the II1► above grantor being an heir of Joseph H. Reed, deceased, late of Orleans. I, l George B. Savery husband of said grantor, release to said grantee all rights of f . tenancy by the curtesy and other interests therein. Witness our hands and seals Fe'• this 19th day of May 1932 bra °w#j Eva M Savery (LS) IlRIN George B. Savery (LS) Commonwealth of Massachusetts L ton Mass May 19th 1932 Then personally appeared the above-named i Plymouth ss. P1ymp Y 7 (ill+ Eva 11. Savery and George B. Savery and acknowledged the foregoing instrument to be their free act and deed, before me John S. Robbins Justice of the Peace on expires Jan 2nd 1938 My commissi Barnstable,ss. , Received May 19, 1932, and is recorded. ---------------- being married -} I, Margaret F. Fox, of Barnstable, Barnstable County, Massachusetts, Afor con- : sideration paid, grant to Bessie E. Johnston of Boston, Lass. with warranty coven- ants the land in 1. that part of Barnstable, Seaside Park, now known as West Hyannis- I ` port, bounded and described as follows, viz: commencing at e marker at the Northwest l corner of the premises and running Southerly on land now or formerly of M. Elsie no. rr Buff, three hundred fifty ft. more or less to a marker, thence turning and running Easterly on land now or formerly'of heirs of John A. Carney, eighty (80) ft. to a marker, thence turning and running Northerly three hundred twenty eight _ (328) ft. more or less to Ocean Street, and turning running Westexly eighty (80) �I>P ft. on Ocean St., to point of beginning, being a part of the premises conveyed to b a deed dated Oct. 14 1925 from Alfred H. Hughes, Trustee of Seaside Park me , Y Association, and recorded in Barnstable County Registry of Deods, Book427, Page ) #335. Subject however to the following restrictions, Viz; that no building erected I thereon shall be for more than one family, nor any other building other than a garage to house not more than two automobiles, nor shall any part of any building 7 be within ten ft. of any street, nor within five ft. of any boundary I, Walter R. D Fox husband of said grantor, release to said grantee all rights of tenancy by the curtesy and other interests therein. Witness my hand and seal this 16th day of I May 1932 Herbert E. Cook Margaret F. Fox Herbert E. Cook Walter R. Fox Commonwealth of Massachusetts off _ ss, Hyannis Mass May 16th 19U Then personally appeared the above-named Margaret F and Walter R. Fox and acknow- illy =y_ r► ' ledged the foregoing instrument to be their free act and deed, before me K BARNSTABLE COUNTY Notarial Seal Herbert E. Cook Notary Public REGISTRY OF DEEDS (LS) commission expires April 2nd 1937 d1 A TRUE COPY,ATTEST Ba nstable, s., Received May 19, 1932, and is recorded. pr v z ------- ---------------------------------------------------------------------- ciJOHN F.MEADE,REGISTER li � ::� ..,,,....:•.r t... .. Y' j IN CHUSETTS § 56 58 ALIENATION OF LAND C. 183 anticipatory payment is Editorial Note— late of the note for the Section 2,Acts 1970,Ch. 294, provides as follows: r financial institution, an SECTION 2. The provisions of section-fifty-seven of chapter one hundred and.eighty- months' interest may be three of the General Laws, inserted by section one of this act, shall not apply to any 'Ct t0 any such mortgage mortgage note executed prior to the effective date of this act. nissioner, the mortgagor Texts— ee to the full amount of y Mendler, Massachusetts Conveyancers' Handbook with Forms, §§ 1:1-1:22, Purchase any statute or by any and Sale Agreement; §§ 19:1-19:7.02, Mortgages. j tration to be paid by the !fore the date fixed for I: 0) - § 58. Construction of Instrument Passing Title to Real Estate I Abutting Way, Watercourse, or Monument. Every instrument passing title to real estate abutting a way, to any mortgage note executed j whether public or private, watercourse, wall, fence, or other monu- ment, shall be construed to include any fee interest of the grantor in ate "upon the bona fide sale of such way, watercourse or monument, unless (a) the grantor retains that the additional amount to other real estate abutting such way, watercourse and monument, in :,rest or three months' interest, j de within 36 months from date which case, (i) if the retained real estate is on the same side, the j 1 i ,rest payment may be required, division line between the land granted and the land retained shall be continued into such way, watercourse or monument as far as the I ie proviso relating to mortgage grantor owns, or (ii) if the retained real estate is on the other side of such way, watercourse or monument between the division lines extended, the title conveyed shall be to the center line of such way, watercourse or monument as far as the grantor owns, or (b) the with Forms, §§ 19:1-19:7.02, instrument evidences a different intent. by an express exception or reservation and not alone by bounding by a side line. (1971, 684, § 1; 1973, 185, § 1.) Editorial Note— ale clause in home mortgage is t Section 2,Acts 1971,Ch.684,provides as follows: enforcible, and even if it is n alienation, it is reasonable ; SECTION 2. Section fifty-eight of chapter one hundred and eighty-three of the am v Ware Say. Bank (1981) General Laws, added by section one of this act, shall take effect on January the first, 3, 423 NE2d 998. nineteen hundred and seventy-two and shall apply to instruments executed on and after said effective date and to instruments executed prior thereto, except that as to such prior executed instruments this act shall not apply to land registered and confirmed under the provisions of chapter one hundred and eighty-five before said payment of Mortgage i effective date or to the extent that any person or his predecessor in title has changed lic Purpose. his position as a result of a decision of a court of competent jurisdiction. The 1973 amendment changed "interest" to "fee interest" in provision that every nforce, in any mortgage ( instrument passing title to real estate abutting a way, etc., is to be construed to house of three or less include any fee interest of the grantor in such way, etc. Section 2 of the amending act ed in whole or in part by i provides as follows: , or fee on account of SECTION 2. Section fifty-eight of chapter one hundred and eighty-three of the General Laws, as amended by section one of this act, shall take effect as of January fixed for payment, when the first, nineteen hundred and seventy-two and shall apply to instruments executed on king of the property for and after said effective date and to instruments executed prior thereto, except that as. to such prior executed instruments this act shall not apply to land registered and. confirmed under the provisions of chapter one hundred and eighty-five of the General 133 i COUNT y ROAD _ YJo 1 t N Nr 1 ' t•"J ` 1 � � YIr 1 i I.•1 I1 r I` aq J> I •,1 11 ' r t' 1 1 ,.al 1 •tl <, t art .Y.-`.WCC— r/r 1 ♦,11 II IIJ 1 101 7/ •• It ! r/ D 1 u/ 1 vS 1 ti )rl rl 1 r.l I 1 roe 1 vn n♦ I,t >, 1 > !•s> 1 I IIS /J / 1 71J 1 vrt P L E ST/t E E T i v1A t 41• 41, 1 at) It♦ 1 toi !I 1 4I axa ira 4JI rw v•J JY al! /Jl ( 0a: +I / r• Is M, 4•, i IM ( Irl •• J 3• IM +I +I+ •1 , 1 tit lr )t ) i !• It» try .1 11 b/ ( .41 1 J. `W ts.1 W *O a itl J.J W J. /rJ W hJ t .1 SJ( •+ 2 a W a. t) Q 130. ,Q 11•Q IN •p Q 1H I .P.f ,> Jt .f l7 1 P! N E STRE£T b set I Iru JH U.d )• lat7 /t ttr t Ir•J ,J 1 at ta.! IVn S.t la•• t• Intl 1 ••/ ••1 1 s tat/ 1 14 Je• r/ ills / v) 1. a7a 1•, J.1 1 .t1 0 ro r,l 1 ri7 1 4> 1n. Al h» 1•. rt •1 1 n.i Z /r i wt t a' d>J 1 4•/ ' no !7t trJ / Yet Iv)t r71 4rJ ♦. Ila ,A n rlJl W /II I.1 a 11 1 t....... n, l h h. !n p•, L ,I• t ,rl 1/t //f •1 4 J J F.OAEST 5TAEET r 1 !ar cr 1 lrlD t»� .!•t 11af Iu IrJ `I 2 1•a! t rat 1 4JJ I D1i 11 tJ III 41I - ' sJ � sss .7Y I Y•I aJ. Iry , e err 2 tales/, v •x =1v =IJr> aOAK "St v W sae J.. �I r.l )ar � u,, �l.r sa tL 4 • • ./ •fr• a4d 3 I i>•1 )YJ 1 + 1 OCEAN STREET - rr . n• avv . 16. ati YI t r,a in J i.w IWr� (� 4I 7 3V 1.4r a` su u L SuD •>a le :rro ;r•7 to rJr ! tJ. is1l ,.r FR. $ IN cl• >u 1•. � (IJ ra4 i>a I 4, tt17 4• R 0 5 5 t 5x JI•' H,(,•.�vIn11.I, •1a :117 AI F 1 Iao JJr �•!'• BlRCHI S n• 7% J•• 1. Ja r u Jtt J• )u di N; �Jl BE 1 STREET �ry J N A TRACING AND TRUE COPY _-SEASIDE PARK) � w �..>.. At f p REGISTER POr�1 I\& 4-••,.r.•• S/AaIDt Pwex A•1•a lwTl^^,BMT.H, A ). ..fJ»t y 9 m r, y Y—.t o s..l,. Y/w.1.x.1 w . Aug. 1893. M u. �� y✓, a °^• a aata. Scale 100 feet to an inch, c e y 7c ra . 6er� 7�r. � C ,. 77 F>.d1 O, Sl.t:rA,GF. 335 execute, acknowledge and deliver to the purchaser or purchasers a deed or deeds of release confirmin-7 such sale, and said �r-Mtee and ills asal�ns are hereby _ippoilited and constituted the attorney or attorneys t� irrevocable of t, said uraiitor to execute and:deli•ver to tLe said pur- chaser a tall transfer of all policies of insurance on t:te .buildil upon the land covered by this mortOaSc. at the time of such sale. ,1141) IT IS AGREED that the Cr-uttee, or lhis executors, administrators, or assigns, or any person or persons in tha.ir Uahalf, may lntachase at any sole made as aforesaid, and that no other purchaser shall be answerable for t:te application of the purchase money; attd t:tat, until default i;i h- the performance or obser-vance of the condition -of this deed, I and my heirs and assi tis may hold and enjoy the Z-ranted premises and receive t'he rents and profits thereof. AND for the consideration aforesaid I, i Ruth :. Ileath wife of Julian a. liechth, aforesaid do ',tetchy release unto t_he said grantee and his heirs zwd assi-tts all ri;-ht of or to both D0VIER .0D 1lOi.E,3=11) in the crr:inted premises, Lind all other ri hts and �. interests tl:ereitt. III O'IT1233 W;ir.2EOF the said. Julian A. Heath and +. Ruth s Beath his wife hereunto set our hands ;,nd seals this 9th day of . November in the year one thousand nine handred twenty-five Signed and sealed in the presence of Ralph Fi. Snow Julian A. 'rlo:th (L3) Huth 'J. Heath (LJ) C01'Qt.10F1i:,UL12H OF 13i11 I:U3 T`i3 Barnstable ss: l;ovambur 9th 1925 Then personally appeared tlhe above-named Julian A. Heath and acllt owl- ed?ed the fat-edoing instrument to be his -roe act and deed, b cfoc e :ate- Ralph L'. Snow Votary Public ,Iy corornission expires Sept 3 1927 Barnstable,as. 3eceived :lovember 17,1925, at!d is recorded. --------------------------------------------------------- F110i! .LLL I:fc;il B'1 `�'I133i. Y ,1;331I`1'3 that I. Alfred II. Hughes of L'oston, in the County of 3uffo1l; and Com- monwealth of 11assachusetts, as I am Trustee of the Seaside Park Asso- ciation. toy rights, powers ::utd duties as such `trustee being fully set forth ill a Declaration of Trust elated lnlust 14, 1.D.1393, re- corded with Barnst,Ulo R6gistry of Deeds. Book 205, Page 430, to x which declaration reference is hereby Made, ill consideration ofone dollar and other valuable considerations paid by LisrCaret F. Fox ,of M. ssachusetts, 'wife of '�Valter ;.Fox the receipt whereof Barnstable, . is hereby aclahowledged, do hereby give,grant,bargain,sell, and con- vey unto -the said I rgaret F. Fox, her heirs and assigns forever, a :r oertain•parcel of land situate at Hyannis port in the town and county of. Barnstable. and Commonwealth aforesaid, being the parcel situated •r�: " '336 s _ _ ,.... ( in that part of id ;arnstaule now :11uwn as ,test :Iyaul;i3po_'t bounded and described as follot'is, vi :- Co:n:iieucing at Lilo :lortawe3t corner of '!e I:ro!nises ] ld rtuulin;; ZasterlLr. (gild batnded nurtlierl; by kind of +d I tit :seaside i'ai;t Asauciat ion,) to t:_c -forth-Flat corner thoreuf., thero �.• I 'mawiring twenty eiifiit.: nd une ;!uif suds, rl!oi•e or leo3 ; the)ico turning III! and running, 3outl!brly on 1...111d i_u47 or late of H. J. Lambert. fiftuon rods; t:ieiice t:trnin wd rainlina, ',;esturI on the south side of a ditch, twenty ei`ht :.,ld olio �!alf rods, ou land of I!ei'r3 of John ... Clriiey; +. thence t:irnin� and running novtl-!erly, on land of seaside Par.: Associa- tion, tvlenty, rods to Mie point of i,e�Zilnlilli;, reserving a ri-Ilt_ of way ac_oss the western portiun of t::e land to the heirs of John Carney. Also, (, ,. �rlrce of _1!id i,o:1_lded L'o-rt.!e-rl':' b U •L uen � .•ue •3tno e •1y 1 ..� i uy the above described premises; 3astorly by land of Lumbert; :_rd '.lest- erly by the lot 1u.t::inured 206 oil ,,::.id plali, reserving ri;;ilt of was,, as ` aforesaid. Subject however, to the follovlin� rostr=c Lions, viz. : "Lat no building erected thereon shall be within fiftoon �eA of ally avenue, lion vlithi,l ten feet of :any 3tcocL. `i'U :_i7Z _i:fD '20 IiOLD the granted preu- ;..' ises, vJit;l all the I;riveluses and ,lp;rli•telcui;;os thereto belum,;.itl,;, to the said ;largaret 1.0ox ::uul •ae-r heirs iild. :_ 3i 11'3, to ti_eir ulnl ase ;lull behoof turuver. And I do hereby, .for myself .md my heirs, e::ocutoco,a;ul r, - admirlistr ,tors, cu'ruu-tut Uit;' the 3-Aid rautue and i!e'e !.eirs :uld asst lis, thnt I' a:n lawfull;• uis d in t,:c maple oc tl-u ;r:tntud ruiai.ac;s, t''.oy arc lrce fro:u all iucn:abr_uice:;, except :i3 ,-lfor es:ad th-it I ;lave - -ood ri `ht to sell grid conveJ ttlo :3l ne US +.l fors 1:5--A.d; :Li!d t_!at 1 Will . I11 and my heir8. executor:, and adalilliatr:ltucs s;l.al iaD JEC' .iD -lie sane to the said +'I'tuitce :uid )luf heir S,alld a3SaL'1S luYc1'Cr .l-cellist 4 t>• a the lavlful claims of all per3ull except as aforusaid. I"I OF I, the said .11fred :[. Ilughes, as '_rustee :aforesuid, )lereunto set p' oy hand and seal this fourteeutll Jay of October in t)!e year ono 'x! �44 thotwaad iii.11e hundred sud twe!lty 1,'ive - ai`ned,sealed,at'Id delivered in prescilue or - - 2evullue .'avr•11Re - r itamp ita!np _llfred H. I_ut,Iles T'rustee(LS) 1- a2.00 ,1.00 a ' Cancelled Cane ell e 1i COLZi OIAIl"'.LTH UY 11133ACriIIS?2i'a. c'1 - Suffolk ss. Boston October 14th 1925. Then personull a i?elr::d the above- '' named Alfred H. Hughes ,a� Trustee aforesaid, aild lcl:iwwiedztod the Toro- '`� doing instrument to be his free act -and deed, before me Everett B. Horn Justice of the peace A; My commission expires ilov. 2,1923 Barnstable,ss.,. Received.November 17.1925, and is recorded. TM -------------------------------------------------------------------------- YIIOW ALL HER BY TIMS3 PR SEATS -- That 1,_Margaret F. Fox, of West Hyannisport, in- the town and county- of (1 Barnstable, and Coelmonwealth of Massachusetts, wife of Welter R. Fox;'- -�--- �- •-- '" -396 - We, Eugene E. C. Swift and !lary A. Swift, husband and wife, both of -� Falmouth, Barnstable County, Massachusetts. being unmarried for consid- r4,5 eration paid, grant to ::Lary E. C. Swift, of said Falmouth, with ZUITCLAIIG - ";i' COVEi4AI4T3 a certain parcel of land situated in Falmouth 'Tillage in said of a road as shown on plan herein- after on the Southwesterly side P t E after referred to, and bounded and described as follows:- Beginning at the Northeasterly corner thereof by the Southwesterly side of said road at a point ten feet Northwesterly of the n ortheasterly corner of lot 1, rj 21 on said plan. referred to; thence running in a Southwester- .. ` -- Ri! ly direction in a straight line to the Northwesterly corner of said lot *�ii Ilo. 21; thence turning and running in a Iortheasterly direction by the Rorthwesterly line of said lot P;o. 21, one hundred and ten (110; feet more or less to said road; t}�ence turning and running in a Northwesterly + i direction by said road, ten(10) feet to the point of beginning. Being a parcel of land triangular in shape, lying ilorthvrestarly of and ad- joining said lot No. 21, which is now owned by the grantee, and a portion � - of lot No. 22 as shown on "Subdivision flan, Property of E. E. C. Swift, `1}I!i Falmouth, :Gass. , dated July 1924, H. V. Lawrence, Landscape 3ardener, ,s l) Falmouth, i;lass." Also granting to the said ;,Wry E. C. Swift, and her 'fie R heirs :-ind assigns the right to the use of the said road and ,co!f.jon right - �q1 ?4; of way" as indicated on staid plan. The above described premises are con- �. veyed for residential purposes and are subject to the restriction that : Bpi - no mechanical, mercantile or manufacturing business shall be conducted all remain in force until the first day upon same, which restriction sh Of January, 1950. For our title to the above described premises see deed of John E. Dwight et al to us, dated Sept, 15,1924, and recorded with Barnstable County Registry of Deeds, Book 411, Page 72. WITNESS our hands and seals this ninth day of 3epte:nber 1925. f` Revenue H0ncelle tam Eugene E C Swift (L3) - cts :Cary A Swiftd COMSONW ALTH OF i.-USSACIiUSET`1'S - ;�ri, BARIISTABLE, SS September 9.1925. a(-,fi `then personally appeared the above-named Eugene E. C. Swift and acknowl- edged the foregoing instrument to be his free act and deed, before me. Sumner Crosby Justice of the Peace. „(y commission expires July 1,1932. Barnstuble,ss. -Received October' 3,1925, and is recorded. ------------------------------- Ki4OW ALL `:I. I BY THESE PRESENT3 that I, Alfred H. Ifughes of Boston, in the County of Suffolk, and Com- monwealth of Massachusetts, as I am Trustee of the Seaside Park zsso- - ciation, my rights, powers and duties as such Trustee being fully set forth in a Declaration of Trust dated August? 14. A.D.1893, recorded Ty �,. 397 with Barnstable Registry of Deeds, Book 205, Page. 488., to which declara- tion reference is hereby made, in consideration of one dollar and other valuable considerations paid by Margaret F. Fox wife of Walter R.Fox of Barnstable. Massachusetts the receipt whereof is hereby ackcnowledged, do hereby give, grant, bargain, sell, and convey unto the said Margaret F. Fox, her heirs and assigns forever, a certain parcel of land situate at Hyannisport in the tovm and county of Barnstable and Commonwealth aforesaid, being the Lots numbered 126. 128. and 130 in Block "E" Sec- tion "A" on a plan drawn by Fred. 0. Smith, C.E. , entitled "Plan of Seaside Park_ at Hyannisport, Mass. . owned by the Seaside Park Associa- tion," Aug. 1893, recorded in the Barnstable Registry of Deeds. Boot; 205, Page 601. and bounded as follows, viz. : Northerly, by the lot numbered one hundred thirty tao on said plan, one hundred feet; West- erly. by the lots numbered, 281, 203, and 205 on said plan, one.hundred and twenty feet, Southerly, by Ocean Street, one hundred feet, and Y Easterly by Third Avenue, one hundred and twenty feet, containing 12000 square feet. Subject however, to the following restrictions, viz. : that Revenue Stamp no building erected thereon shall cost less than forty five "p1.00 No hundred dollars, nor any part thereof be within fifteen feet Cancelled of any avenue, nor within ten feet of any street. TO HAVE AND TO HOLD the granted premises, with all the privelages and appurtenancezi thereto belonging, to the said Margaret F. Fox and her heirs and assigns, to their o'Nn use and behoof forever. And I do hereby, for myself and my heirs, executors, and administrators, covenant with the said grantee and her heirs and assigns, that I am lawfully seized in fee simple c of the granted premises, that they are free from all incumbrances,ex- cept as aforesaid, thst I have good right to sell and convey the same as aforesaid; and that I will and my heirs, executors and administrators shall WARRANT AND DEFEND the same to the said grantee and her heirs : [. and assigns forever against the lawful claims of all persons except as ,.� aforesaid. IN ti'JITkdES9 WHEREOF I, the said Alfred H. Hughes, as Trustee aforesaid, hereunto set my hand and seal this 22nd day of September in the year one thousand nine hundred and twenty five Signed,sealed,and delivered in presence of _r.. Alfred H.Hughes Trustee (LS) COI&ONWEALTH OF MASSACHUSETTS. Barnstable ss. Barnstable, September 22,1925. Then personally appeared the above-named Alfred H. Hughes as Trustee aforesaid, and acknowledged the foregoing instrument to be his free act and deed, before me Walter P Hamblen Justice of the Peace. My commission expires Jan 16/31 Barnstable,ss. Received October 3, 1925. and is recorded. ----------------------------------------------------------------- Sullivan Engineering Inc. 7 Parker Road Box 659 Osterville MA 02655 Peter Sullivan P.E . Mass. Registration No. 29733 Phone 508-428-3344 Fax 508-428-3115 e-mail: psullpe@aol.com May 1, 2000 Public Health Division Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: 91 Ocean Ave., W Hyannisport Dear Board, Per your request during the on site meeting at the above referenced property on April 2 8th, we hereby request that the Public Hearing for this project be continued to June 12, 2000. I trust this meets your present needs. If you have any questions, please feel free to contact me. Ve truly yours, Peter Sullivan PE Sullivan Engineering Inc. Members of 4 American Society of Civil Engineers,Boston Society'of Civil,Engineers i Sullivan Engineering Inc. 7 Parker Road Box 659 Osterville MA 02655 Peter Sullivan P.E . Mass. Registration No. 29733 Phone 508-428-3344 Fax 5Q8-428-3115 e-mail: psullpe@aol'com April 12, 2000 Board of Health Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: Giatrelis Variance Request, 91 Ocean Dr., W Hyannisport Vear Board, Attached please find a green card (sent to William A. Stewart) that was i eturned in'our Post Office box today. The initial meeting for this project was on April 10, 2000 and therefore all other abutter green cards have already been handed in. Thank you for your attention to this matter. truly yours, Peter Sullivan PE Sullivan Engineering Inc. Members of American Society of Civil Engineers, Boston Society of Civil Engineers ;, Sullivan Engineering Inc. 7 Parker Road Box 659 Osterville NIA02655 Peter Sullivan P.E . Nlass. Registration No. 29733 Phone 508-428-3344 Fax 508-428-3115 e-mail: psullpe@aol.com May 1, 2000 Public Health Division Board of Health Town of Barnstable 367 Main Street Hyannis, NIA 02601 RE: 91 Ocean Ave., W Hyannisport Dear Board Members, Please find attached a copy of the 1968 Town of Barnstable Aerial Photograph (CHR 342) of the subject property. The aerial shows the house in its present configuration. I have also attached a copy of the Title 5 definition of bedroom. Please note as a point of interest that a bedroom does not have to be heated and "single family dwellings shall be presumed to have at lease three bedrooms." I trust this meets your present needs. If you have any questions, or require additional information, please do not hesitate to contact me. Ve truly yours, . Peter Sullivan PE Sullivan Engineering Inc. Members of American Society of Civil Engineers, Boston Society of Civil Engineers 310 QNIR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 15.002: continued Acre-a unit of land measure equal to 40,000 square feet which is considered a b:.ilding acre in accordance with standard real estate practices. Agency- an agency, department, board, commission or authority of the Commonwealth or of the federal government and any authority of any political subdivision which is specifically created as an authority under special or general law. The term shall not include housing authorities permitted pursuant to M.G.L. c. 40A. Alternative Systems-Systems designed to provide or enhance on-site sewage disposal which either do not contain all of the components of an on-site disposal system constructed i.. accordance with 310 CMR 15.100 through 15.293 or which contain components in addidin to those specified in 310 CMR 15.100 through 15.293 and which are proposed to the local approving authority and/or the Department for remedial, pilot, provisional, or general use approval pursuant to 310 CMR 15.280 through 15.289. Avnroving Authority - A local approving authority as defined in 310 CMR 15.002; or the Department, with regard to systems owned or operated by an agency of the Commonwealth or of the federal government,or on a case-by-case basis as determined by the Department to be necessary to carry out the purposes of 310 CMR 15.000. ASTM - The American Society of Testing and Materials. Bank (Coastal) - The seaward face or side of any elevated landform, other than a coastal dune,which lies at the landward edge of a coastal beach,land subject to tidal action,or other wetland as defined in M.G.L.c. 131, § 40 and 310 CMR 10.30(2). Bank (Inland) - A portion of the land surface which normally abuts and confines a water body as defined in M.G.L. c. 131, § 40 and 310 CMR 10.54(2). Barrier Beach-A narrow low-lying strip of land generally consisting of coastal beaches and coastal dunes extending roughly parallel to the trend of the coast, separated from the mainland by a narrow body of fresh,brackish,or.saline water or a marsh system, as defined in M.G.L. c. 131, § 40 and 310 CMR 10.29(2). Bedrock- Solid rock exposed at the surface or overlain by unconsolidated gravel, sand, silt and/or clay. Bedrock includes weathered or saprolitic components thereof. Bedrock types are defined and most of their areal extent are described in the "Bedrock Geologic Map of Massachusetts"published by the Department of Public Works (1983). Bedroom- A room providing privacy, intended primarily for sleeping and consisting of.all of the following: (a) floor space of no less than 70 square feet; ' (b) for new construction, a ceiling height of no less than 77; (c) for existing houses and for mobile homes, a ceiling height of no less than 7'0'; (d) as electrical service and ventilation; and (e) at least one window. Living rooms,dining rooms,kitchens,halls,bathrooms,unfinished cellars and unheated storage areas over garages are not considered bedrooms. Single family dwellings shall be presumed to have at least three bedrooms. Where the total number of rooms for single family dwellings exceeds eight,not including bathrooms,hallways,unfinished cellars and unheated storage areas. the number'of bedrooms presumed shall be calculated by dividing the total number of rooms by two then rounding down to the next lowest whole number. The applicant may design a system using design flows for a smaller number of bedrooms than are presumed in this definition by granting to the approving authority a deed restriction limiting the number of bedrooms to the smaller number. Biological Mat - A layer composed of microorganisms and organic material located below a soil absorption system which forms on the infiltrative surface of soil and which provides biological treatment of septic tank effluent. 3/24/95 (Effective 3/31/95) 310 CMR -482 i From to 15087906304 at 04/07/2000 3:41 PM Pg 001/001 Robert H.Hamilton 7069 Fairway Bend Lane Sarasota,FL 34243 Home Phone(941)3514681 Email RHamiltonl@aol.com Ms. Susan Rask,Chairwoman Barnstable Board of Health April 7,2000 Re: 91 Ocean Drive West Hyannisport 1 have received abutter notification letters from Sullivan Engineering regarding the septic system project at the address above. Our property is at 166 Fourth Ave. Since we are in Florida at this time,we cannot attend the April 10 meeting. Therefore we must mail our comments to you via fax. Certainly Mr.Giatrelis knew,that the septic system would be a.difficult problem before he purchased the subject property. The word was that some kind of a sealed sustem would be necessary to prevent pollution of the salt marsh. As you no doubt know,the marsh along with Hall's Creek are polluted already and have been closed to shell fishing for a number of years. My wish is that the situation be improved as much as possible every time there is a chance due to property changing hands. The subject property is practically in the marsh. The high tide water line approaches to within several yards of the back of the house(its planned location). So,our plea is that you insist that this project adhere to all health and environmental rules and codes,even if that should mean a sealed system or some other dilfficult approach. Yours truly, Janet E.Hamilton Robert N. Hamilton Law Offim HOLLAND &MGHT LLB ;t. Atlanta Narihern Vronia Boston Orlando ston.Ma Sheetssachusetts 021g6 Fat Lauderdale Providenw Bo .Ma One n Jabwaville San Frandsco • Lakeland 51.Petetsshurg 6i1-5?3-2r'Qa A+lelbourne Tallahassee FA1t8i7-528-6850 mmen City Tampa wrrwAdaw.com Warn washtngtmD.C. ttewYank west Palm Beach Pt1tIup J. NOTO POULOS 617-573-5488 p notop nulas@hklaw_com April 7, 2000 Barnstable Board of Health Town of Barnstable 367 Main Street Hyannis, Massachusetts 02601 ,Re; Giatrelis ! 91 Ocean Dricie,_West 9-yannisport Dear Gentlemen: This office represents Cbarles and Marcia Cormay, owners of land at 161 Third Avenue, West Hyannisport- The Cormays are direct abutters to the land at 91 Ocean Drive, which is the subject of an application far a septic system permit scheduled for hearing before your Board on April 10, 2000. i The Cormays object to this application and believe that it should be denied as a matter of law. 1. The applicant has not obtained an easement for the system. The Cormays own to the midline of the street and have Frights in the full width of Ocean Drive_ Neither they nor, to the best of our knowledge, has anyone else granted easement rights to Mr. Giatreli$. 2. The"Public Utility Law"is not applicable_ Massachusetts law, Chapter 187, §5 permits the installation of certain utilities in a private way. A copy of the law is attached. Please note that all of the permitted pipes, conduits, etc.in a private way must be fox a public utility, not a private septic system. Had the Massachusetts legislature wished to allow private septic systems in private ways, they could have done so, but obviously chose not to do so. 3. The Anplicant does not have the right to locate its septic system in the private way. The private way must be kept open over its entire layout for travel by those entitled thereto, which persons include the Cormays and all other members of the Seaside Park subdivision. Applicant's counsel has,when appearing before the .. . .. . . _.. __ _. .... ...... . April 7, 2000 Page 2 Barnstable Conservation Commiasion, cited certain casesl for the proposition that a septic system may be placed in a private way. If anything, these cases prove the contrary. While it is generally accepted law that the owner of the fee in a private way may make such use of the flee as is consistent with public travel, the proposed use for a septic system is wholly inconsistent with public travel. The cases cited by petitioner's counsel state the proposition, well established in law, that the holder of an easement to use a private way may aye the private way. Petitioner has now conceded that the Cormays and every other person in the subdivision has the right to pave the way, which would materially adversely interfere with the proposed septic system and which paving would be in fact precluded by the system. Moreover,irrespective of the paving issue, the proposed,improvements world,in fact, impede the right of those entitled thereto to passage over the way. The septic system grading requires a retaining wall and substantial changes of grading which disrupt the passability of the way_ This fact is also stated in the letter fiom Mr. Mancuso referred to in Section 4 below. Other septic system components such as venting will likewise interfere with passage. Quite simply, the proposed placement of a private septic system (as opposed to connecting to a public sewer line)in a private way is simply not permitted as a matter of law. A private way must be kept passable over its entire width and may not be obstructed. Tehan Y.Security National Bauk 340 Mass. 176(1959). A major grade change that would"diminish,the convenience"in the use of the way is prohibited. Kelley v. Saltmarsh 146 Mass. 585 (1888). The proposed retaining wall and grade changes obstruct the use of the right of way and are forbidden by law. 4. The proposed alterations will severely adversely affect the CormayS, property. Attached hereto is a copy of a letter dated February 24, 2000, from Alphonse Mancuso,P.E., stating that,W his professional opinion,the proposed grading changes will channel the water, which currently rums down Third Avenue and into the marsh, onto the Cormays'property. This redirecting of the water would severely adversely affect the Cormays'property and should not be permitted by this Board. Very truly yours, Philip J. Notopoulos PJNlaeg 8QS1#1031480 v3 Murphy v.Mart Realty of Brockton, 348 Mass.675 (1985);Guitdet u.Liuenois,.297 Mass. 327 (1937);and Stagman v.Kyrw,s, 19 Mass.App. 690(1985). 1 l _ r w , 1s Pizzfidl late S.Dmais,1lffa. 02660 F,dmmy 24,?000 131 Mcartvaio Road Weston,Ma 02M Dear &Mrs.Comay, Ihavomvwed the fhAmmg T&naced thm dmwmW A m=bcxvA G421pI and d4d>'cbfmy 1,2000 by,Miv m End be-and have the folowing cots, 1) Red i of 3 d`fig CmWkkonPlm 91 Mm Ddve,W. ffymaMport Ma'°. 'hie sheet&am d .byvlMs ofthe a dsfmmg topeowhy and its team m,4 dtc sake Hof all wafter Arm the tom road desipated as Third Awewe and ad watel from the pdvate road keel of Thud A.veaae designated as!?cases Ilse at pxeseat proc}ecils dv%u GDeem Tidies wall,001 ocean Drive and thm mu*of i umm Dore to West and Sawh affim g Dweftg an 91 Ocean Duce then an to the Salt MArsL a) Shad 3 of 3 etr k6d iGradin Mae indicates damage wed to yew propeny as a asa of the dMP m to mfue rtmoff eased by pmpam d fig placed an the entire width i mg you half of Oam Idre'and a naiming waft across dw 910 Oc+eau Drive hallof ocam Dito to the eettr line such thaat an the aff6 a moff'from the`T'hW Mom Taws Road and Uoean Drive pamW road east of Tbatd Av=g;WE be dVosded an exd Jnod yonrpmperty r than deposit ruaoffon to fha Salt Nlw&without ARMBIing P Y as is th*Pmom,ease. This veld dep dve you ofbeaefiicial use afyour PmPeety vific t€foo&i Tho Boadmg and im a the Wow wdl lM rw lawun where flooded. 2) $hest 2 90 edkW"Proposed Site hW0VCm9UC Wi0tes a lea g cattfr basso ou your aide of(lmt D&c dose to yaw ka No%at a raised alavation 6 the prat ased WM&wit Ix all peoltahirdy leas*oft eat auto ym pmopmty WM its 44ecdew tic 040r.. 3) Street 3 0f3 iu ffmt a thatyxaa phWedVdmG'r scaaca,an your side ofoccan Drive, ua he paid*barred ad Iged by d c over tens#rest ofproposed 01 at that lot:ation. d) Sbm 3 of 3 bmficates 9W the pmPosed ER acres the catire width of and dw rig wall acme half of Ck eau D&a w,reader oaa Dice mV aambk from the town'Third_ Avmm ad 0cm Dxin east of Third Avenue where it is passe m its eau �yp li&tered Architect DF Y : fa t, i a . ail'•, ..{' f •. A.M.Wilson Associates Inc. March 31, 2000 Barnstable Board of Health P.O. Box 534 Hyannis, MA 02601 Re: 91 Ocean Drive, West Hyannisport Request for Variances for Stephen J. Giatrelis (Our File No. 2.1014.00) Dear Board Members: Our office represents Mr. and Mrs. Charles Cormay, immediate abutters to the above captioned site. The Cormay's have significant concerns related to the plans and Variance Application filed for this project. I Most importantly,you should be aware that the proposed system cannot be constructed in accordance with the plan without an easement from the Cormays. Such an easement does not now exist and has not been requested. Nor is it likely to be granted for work reflected on the current plans. Ocean Drive is a private way. As such, the abutters own to the center of the layout and all the owners in the subdivision have rights of passage over it. It is now passable by vehicle to a point westerly of the Giatrelis site, although it is not paved. The abutters and subdivision owners have the right to use the way for all purposes for which roads are commonly used in Massachusetts. The project proposes to place a septic system in the way. We would submit that this is not a purpose for which roads are commonly used. Further,the SAS is designed so as to extend to the centerline of the way. This will require removal of unsuitable soil, and fill and grading the portion of the way owned by the Cormays for which permission has not been granted. 310 CMR 15.404(2)(d)requires an easement to be obtained and recorded for work located beyond the boundaries of the serviced lot. 15.404(2) states that no Variance to this requirement may be allowed. We submit,therefore,that this system cannot be constructed as proposed and the permit application should be denied. There are additional problems with the project which we would like to point out. The project has been filed as a "Maximum Feasible Compliance" request. The applicant has listed that he requires a Variance to property line setbacks under 15.211(1) [15.405(1)(a) and 405.(2)]. He has not listed the need for Variance for the SAS to the foundation wall where 20' is required but P.O. Box 486 508 375 0327 3261 Main Street Barnstable, MA 02630 FAX 375 0329 I only 10' is provided. Clearly,this is a necessary Variance for this design. There is no provision under 15.405(1) for reduction in Reserve Area(15.248),yet it appears that no Reserve Area is provided. This would require a Variance not yet requested. No showing has been made that the requirements of 15.404 (1)(b) cannot be met. It would seem likely that a composting toilet with grey water irrigation disposal could be used here with greater environmental efficacy. The terms of 15.405 are not available to the applicant until such a showing has been made. The applicant has requested only one Variance from local regulations; a reduction in setback from wetlands for the SAS from 100'to 50'. It appears, however,that a number of other local Variances may be required, including but not necessarily limited to: Sec. 1.0-for less than 100' separation septic tank to BVW; Sec. 2.0—for failure to minimization of inflow and outflow during floods; Sec.10.0— 1.12—for no reserve area; 1.13 —for less than 100'to "watercourse"; 1.14(2)—for failure to provide observation well data across a full tidal cycle (variance request requires full hydrogeologic report not yet provided); 1.18—for SAS wider than 12'. Section 10.31 and 32 lay out the required standard for Local Variances. It is both a showing of manifest injustice and a showing that the proposed system provides the same degree of environmental protection as one in strict compliance with all Regulations. Not only has the applicant failed to provide such proof, we believe he cannot do so for the subject design. We would note that this is not just a system to replace a system which has failed, with no change in the serviced facility. The applicant proposes to demolish a modest dwelling which, according to current assessors information has a living area of gross square footage of 1626 s.f. with 3 bedrooms, and replace it with a new dwelling of 3292 s.f. with 4 bedrooms. It is also our understanding that the new house is being built for resale. There is,therefore, no manifest injustice if the Board were to require a redesign which would reduce the size of the structure and the number of bedrooms (and thereby the size of the SAS) in a way which would allow better placement of system components. Clearly,this system, in very sandy soils with only 50' of separation to the wetland surrounding a waterway supporting an active shellfishery and used extensively for water based contact recreation, cannot provide the same degree of environmental protection that would be provided by compliant system. An alternative system such as a composting toilet with a grey water system fitted with a UV disinfection unit would be much better here. The only other alternative seems to be a tight tank. The problem of course is that a tight tank cannot be used for new construction and DEP may well view this demolition and replacement project as new I construction, since the new house will have double the square footage of the existing house and more bedrooms. In summary,we believe the application to be significantly deficient and that it should be denied. Thank you for your consideration. Yours, A. M. WILSON ASSOCIATES, INC. Arlene M. Wilson, PWS Principal Environmental Planner Cc: Charles Con-nay Atty. Philip Notopoulos DEP 300AW44/csp l I Sullivan Engineering Inc. 7 Parker Road Box 659 Osterville NIA 02655 Peter Sullivan P.E . Mass. Registration No. 29733 Phone 508-428-3344 Fax 508-428-3115 e-mail: psullpe@aol.com May 1, 2000 Public Health Division Board of Health Town of Barnstable 367 Main Street Hyannis, NIA 02601 RE: 91 Ocean Ave., W Hyannisport Dear Board Members, Please find attached a copy of the 1968 Town of Barnstable Aerial Photograph (CHR 342) of the subject property. The aerial shows the house in its present configuration. I have also attached a copy of the Title 5 definition of bedroom. Please note as a point of interest that a bedroom does not have to be heated and "single family dwellings shall be presumed to have at lease three bedrooms." I trust this meets your present needs. If you have any questions, or require additional 'information, please do not hesitate to contact me. Ve truly yours, Peter Sullivan PE Sullivan Engineering Inc. Members of American Society of Civil Engineers., Boston Society of Civil Engineers f Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands DEP File Number WPA Form 3 ® Notice of Intent W for DEP use only Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Please type or print dearly all General Information information 3. Property Owner(if different from applicant): requested on this 1. Applicant: form. C S J Realty Corp. Stephen J.Giatrelis Name Name 648 Main Street 106 Cape Drive Mailing Address Mailing Address Osterville Mashpee City/rom City/rown MA 02655 MA 02649 State lip Code Stale Zip Code 508-477-3586 Pbom Number 4. Summary of Project Impacts: a.Is any work being proposed in the Buffer Zone? Fax Number(inapplicable) ❑ No R Yes E-Mail Acttress(it applicable) If yes,how many sq.ft.? 2. Representative(if any): Demolish 2189 SF and Rebuild 2164 SF Square Feet Firm Bernard t.Kilroy,Esq. b.List the impacts of proposed activities on each wetland Contad Name resource area(temporary and permanent impacts,prior to 67 School Street restoration or mitigation): Wiling Address Resource Area Size of Impact(e.g.,sq.ft.) Hyannis, Ciry/rom MA 02601 State Zip Cosh 508-771-6900 Phone Number ' AMM111111j , 508-775-7526 _..._-----`.-� Fax Number(fapplicable) D r �J `� i i1 ; MAR 1`'I 4 2000 E-Mail Address(it applicable) oft ATL ( x _J BARNSTA.BLECO"ISE;`V'.N lO'J Project Description 1.Project Location: 2. Registry of Deeds: West Hyannisport Barnstable City/rom County 91 Ocean Drive 12617 Street AdUress Boak 266 003 341 Assessors Map/Plat t ParceliLot r Page Certificate(fRegistered land) Rev.10/98 Page 1 of 5 - I Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands WPA Form 3 ® Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Project Description (cost.) 3. Project Description: 4.Plan and/or map references(list title and date): Proposed work is to demolish existing dwelling Plans by Sullivan Engineering&CapeSury 01/Feb/00 and rebuild a single family dwelling with septic Sheet 1-Exisitng Conditions 91 Ocean Drvie system,driveway,retaining walls,minimal Sheet 2-Proposed Site Improvements 91 Ocean Dr. landscaping and all associated appurtenances Sheet 3-Grading Plan 91 Ocean Drive including a road drainage structure. Activities Subject to Regulation Land Under Water Bodies: 1. a.If Buffer Zones to resource areas are to be impacted,in whole or in part,check the applicable resource areas: Square Feet to be altered Inland Resource Areas Coastal Resource Areas Cubic Yards to be dredged ❑Inland Bank ❑Coastal Beach ❑Bordering Vegetated Wetland ❑Barrier Beach Land Subject to Flooding: -Bordering: ❑Rocky Intertidal Shore ❑Coastal Dune Square Feet to be altered ❑Coastal Bank Cubic Yards filled or displaced ❑Salt Marsh -Isolated: b. Proposed activities located,in whole or in part,in Wetland Resource Area(s)(Complete all that apply): Square Feet to be altered Inland Resource Areas Cubic Yards filled ordisplaced . Bank: Coastal Resource Areas Linear Feet to beahered Salt Marsh: Bordering Vegetated Wetlands: Square Feet to be altered Square Feet to be altered Coastal Dune: I Square Feet to be replicated or restored Square Feet to be altered Cubic YardsNolume to be removed Rev.10/98 Page 2 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection— Wetlands DEP File Number WPA Form 3 - Notice of Intent DEP i Massachusetts Wetlands Protection Act M.G.L. c. 131, §4 p for DEP use only Please type or print dearly all U General Information information 3. Property Owner(if different from applicant): requested on this 1. Applicant: form. C S J Realty Corp. Stephen J.Giatrelis Name Name 648 Main Street 106 Cape Drive Mailing Address 'ailingAftezOsterville Mashpee Ciry/iown clry/T— MA 02655 MA 02649 State zip code State Lp Code 508-477-3586 Ph"Number 4. Summary of Project Impacts: a.Is any work being proposed in the Buffer Zone? Fax Number pfapplirable) 0 No ®Yes E-Mail Acf&ess(d applicable) If yes,how many sq.ft.? 2. Representative(if any): Demolish 2189 SF and Rebuild 2164 SF Square Feet Firm Bernard t.Kilroy,Esq. b.List the impacts of proposed activities on each wetland Contact Name resource area(temporary and permanent impacts,prior to 67 School Street restoration or mitigation): MadmgAd*w Resource Area Size of Impact(e.g.,sq.ft.) Hyannis, DIY/TO— MA 02601 ` state Bp Code 508-771-6900 Phone Number 508-775-7526 --- - -; Fax Number(!applicable) MAP 14 2000 E-Mail Address(if applicable) 7 Jd Ev AM I FM t S BARNS TA.f L E C Q"! S�r,v,.,, Project Description 1.Project Location: 2. Registry of Deeds: West Hyannisport Barnstable Ciry/Fown County 91 Ocean Drive 12617 SlreetAddess Book 266 003 341 Assessors Map/Plat/ Parcelaoi Y Page ezvrtcate(f ftistered laO Rev.10/98 Page 1 of 5 „ Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E Project Description (coot.) 3. Project Description: 4.Plan and/or map references(list title and date): Proposed work is to demolish existing dwelling Plans by Sullivan Engineering&CapeSury 01/Feb/00 and rebuild a single family dwelling with septic Sheet 1-Exisitng Conditions 91 Ocean Drvie system,driveway,retaining walls,minimal Sheet 2-Proposed Site Improvements 91 Ocean Dr. landscaping and all associated appurtenances Sheet 3-Grading Plan 91 Ocean Drive including a road drainage structure. 4 Activities Subject to Regulation Land.Under Water Bodies: 1. a.If Buffer Zones to resource areas are to be impacted,in whole or in part,check the applicable resource areas: Square Feet to be altered Inland Resource Areas Coastal Resource Areas Cubic Yards to be dredged ❑Inland Bank ❑Coastal Beach Land Subject to Flooding: ❑Bordering Vegetated Wetland ❑Barrier Beach -Bordering: ❑Rocky Intertidal Shore ❑Coastal Dune Square Feet tobealtered ❑Coastal Bank Cubic Yards filled or displaced ❑Salt Marsh -Isolated: b. Proposed activities located,in whole or in part,in Wetland Resource Area(s)(Complete all that apply): Square Feet tobealtered Inland Resource Areas Cubic Yards filled ordisplaced Bank: Coastal Resource Areas Linear Feet tobea/rered Salt Marsh' Bordering Vegetated Wetlands: Square Feet to be altered Square Feet to be altered Coastal Dune: Square Feet to be altered Square Feet to be replicated or restored Cubic YarosNolume to be removed Rev.10/98 Page 2 of 5 , \ DEP File Numb=- b Massachusetts Department of Environmental Protection r'K Bureau of Resource Protection - Wetlands DENIAL SE3-3635 z WPA Form 5 - Order of Conditions Provided byDS� •e;a; Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 � TOWN oF BARNsTABT,p nRnTwANrFq ARTTrTF XY17TT A. General Information ; 1txT$t llll i � Important: When filling From: out forms on Barnstable the computer, Conservation Commission use only the tab key to This issuance if for (check one): move your cursor-do Order of Conditions not use the return key. ❑ Amended Order of Conditions To: Applicant: Property Owner (if different from applicard): Stephen J. Giatrelis CSJ Realty Corp Name Name FmIq& 106 Cape Drive 648 Main Street Mailing Address Mailing Address Mashpee MA 02649 Osterville, MA 02655 City/Town State Zip Code City/Town State Zip Cam. 1. Project Location: 91 .Ocean Drive, W. Hyannisport Street Address City/Town 266 003 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Barnstable 12617 341 County Book Page Certificate(if registered land) 3. Dates: February 7, 2000 March 14,2000 April 4, 2000 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Site Plan February 1, 2000 Title Date 5. Final Plans and Documents Signed and Stamped by.- Peter Sullivan, RPE Name 6. Total Fee: (from Appendix B:Wetland Fee Transmittal Form) YNA For.,5 Rev MOO J r Massachusetts Department of Environmental Protection DEP File Number; Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the _ Registry's Grantor Index under the name of the owner of the land upon-which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet-in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number SE3-3635 " 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all.agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation.Commission or Department for that evaluation. WPA Form 5 Rev 02/00 Fage 3 cf 7 . DEP File Number: Massachusetts Department or Environmental Protection Bureau of Resource Protection Wetlands WPA Form 5 — Order of Conditions Provided byDEF g� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish [Prevention of PoPlution ❑ Private Water Supply 2FisheriesProtection of Wildlife Habitat ❑ Groundwater Supply U-IMorm Damage Prevention [9--Flood Control Furthermore,this Commission hereby finds the project,as proposed, is: (check one of the following boxes) Approved subject to: ❑ the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the.extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Deni d because: the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work,.or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. WPA Forth 5 Page 2 of 7 Rev.02/00 DEP File Number: Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands _ WPA Form 5 — Order of Conditions Provided byDEr a,m Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. Special Conditions (use additional paper, if necessary): see attached Findings as to municipal bylaw or ordinance Furthermore,,the Barnstable hereby finds (check one that applies): Conservation Commission hat the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Article 27 of Town Ordinances see attached findings Name Municipal Ordinance or Bylaw Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically; Name Municipal Ordinance or Bylaw The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. WPA Foam S Page 4 of 7 Rev 02/0G SE3-3635 Giatrellis Submitted Plan =February 1, 2000 Revised Site Plan(3 Sheets)by Peter Sullivan,RPE Findings: The proposed project resides within 14 Ft. of a saltmarsh and within 8 ft. of a bordering wetland. The proposed project greatly expands the mass, if not the footprint of the house presently existing which.the applicant proposed to raze. The proposed construction, due to its proximity to the wetlands and marsh is found to a significant adverse and cumulative impact to the protection of wildlife habitat and marine fisheries. The proposed septic system, due to its proximity to wetlands, is found to represent a significant adverse and cumulative impact to prevention of pollution. Decision: The project is denied under MGL Ch 131, s 40 and.Article 27 of the Town of Barnstable Ordinances in the interests of protection of fisheries, protection of wildlife habitat and the prevention of pollution. it 4 DEP File Number: Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Provided by DEP f.4. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: see attached This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions #4, from the date of issuance. Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office (see Appendix A) and the property owner(if different from applicant). Signature r On Of Day IviontH and Year before me personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. `— Notary Public My Commission Expires This Order is issued to the applicant as follows: ❑ by hand delivery on ❑ by certified mail, return receipt requested,on .Date Date WPA Form 5 Page 5 d 7 i , Rev.02JOC >: INlassachusetts Depa;;orient of Environmental Protection DEP File NumSer: Bureau of Resource Protection - Wetlands WPA Form 5 Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CM 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of.recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Barnstable Conservation Commission WPA F7rm 5 Page 6 of 7 Rev 07/00 DEP File Number: Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DENIAL D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ----------------------------------------- -------------------------------------------------------------------------------- To: Barnstable Conservation Commission Please be advised that the Order of Conditions for the Project at: 91 Ocean Drive, .W. Hyannisport SE3-3635 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Barnstable County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date I If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wPA Form 5 Rev,02/0C Page 7 of 7 Page 1 Citation/Title MGLA 183 § 58 , Real estate abutting a way, watercourse, wall, fence, or other monument *55464 M.G.L.A. 183 § 58 MASSACHUSETTS GENERAL LAWS ANNOTATED PART II. REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS TITLE I. TITLE TO REAL PROPERTY CHAPTER 183. ALIENATION OF LAND CONSTRUCTION OF INSTRUMENTS PASSING TITLE Current through 1999 1st Annual Sess., Ch. 106 apv. 10/1511999 § 58. Real estate abutting a way,watercourse,wall, fence, or other monument Every instrument passing title to real estate abutting a way,whether public or private, watercourse,wall, fence or other similar linear monument, shall be construed to include any fee interest of the grantor in such way,watercourse or monument, unless(a) the grantor retains other real estate abutting such way,watercourse or monument, in which case, (i) if the retained real estate is on the same side,the division line between the land granted and the land retained shall be continued into such way,watercourse or monument as far as the grantor owns, or(ii) if the retained real estate is on the other side of such way,watercourse or monument between the division lines extended,the title conveyed shall be to the center line of such way, watercourse or monument as far as the grantor owns, or(b)the instrument evidences a different intent by an express exception or reservation and not alone by bounding by a side line. CREDIT(S) 1991 Main Volume Added by St.1971, c. 684, §1. Amended by St.1973, c. 185, §1; St.1990, c. 378,§1. <General Materials(GM)- References,Annotations, or Tables> HISTORICAL NOTES HISTORICAL AND STATUTORY NOTES 1991 Main Volume St.1971,c.684, § 1,was approved Aug. 19, 1971. Section 2 of St.]971,c.684,provides: "Section fifty-eight of chapter one hundred and eighty-three of the General Laws,added by section one of this act,shall take effect on January the first, nineteen hundred and seventy-two and shall apply to instruments executed on and after said effective date and to instruments executed prior thereto,except that as to such prior executed instruments this act shall not apply to land registered and confirmed under the provisions of chapter one hundred and eighty-five before said effective date or to the extent that any person or his predecessor in title has charged his position as a result of a decision of a court of competent jurisdiction." Copyright (c) West Group 2000 No claim to original U. S . Govt . works Page 2 MGLA 183 § 58, Real esta.te abutting a way, watercourse, wall, fence, or other monument Copyright (c) West Group 2000 No claim to original U. S . Govt . works Page 1 Citation/Title 511 N.E . 2d 1110, 24 Mass .App.Ct . 968, Brennan v. DeCosta, (Mass .App.Ct . 1987 ) *1110 511 N.E . 2d 1110 24 Mass .App.Ct . 968 Daniel E.BRENNAN et al. V. James J.DeCOSTA et al. Appeals Court of Massachusetts, Essex. Argued May 14, 1987 . Decided Aug. 28, 1987 . Action was brought concerning right to use street shown on recorded plan but never layed out on ground. The Land Court, Essex County, determined that owners of land abutting street had right to use street as shown on plan for all purposes for which streets or ways were used in city, and appeal was taken. The Appeals Court held that : (1) determination that street was used, so that general rule that title of persons owning land abutting street ran to center thereof was applicable, was not clearly erroneous; (2) there was no abandonment of right to use street; and (3) right to use street was not extinguished by adverse possession. Affirmed. 1 . BOUNDARIES «20 (1) 59 ---- 59I Description 59k19 Roads, Ways, and Public Grounds 59k20 Public Ways 59k20 (1) In general . Mass .App.Ct . 1987 . Generally, title of persons who acquire land bounded by street or way runs to center line of way and carries with it right to use way along its entire length, even if way is not physically in existence, so long as it is contemplated and sufficiently designated. M.G.L.A. c. 183, § 58 . 2 . BOUNDARIES (=20 (1) 59 ---- 59I Description 59k19 Roads, Ways, and Public Grounds 59k20 Public Ways 59k20 (1) In general . Mass .App .Ct . 1987 . Abutters to way are free to challenge existence of way, if way was not actually staked out or used, as limitation on general rule that title of persons Copyright (c) West Group 1999 No claim to original U. S . Govt . works f Page 2 511 N.E . 2d 1110, 24 Mass .App.Ct . 968, Brennan v. DeCosta, (Mass .App.Ct . 1987 ) who acquire land bounded by street or way runs to center line of way and carries with it right to use way along its entire length. M.G.L.A. c. 183, § 58 . 3 . MUNICIPAL CORPORATIONS <°�648 268 ---- 268XI Use and Regulation of Public Places, Property, and Works 268XI (A) Streets and Other Public Ways 268k648 Establishment by prescription, user, or recognition. Mass .App.Ct . 1987 . Findings that predecessors in title to owners of land abutting street, shown on recorded plan but never layed out on ground, had used street for access to their property and that another owner had plowed street for benefit of all neighbors were not clearly erroneous and, therefore, landowners had right to use street as shown on plan for all purposes for which streets or ways were used in city. M.G. L.A. c. 183, § 58; Rules Civ. Proc . , Rules 1, 52 (a) , 43A M.G. L.A. 4 . EASEMENTS G=30 (1) 141 ---- 141I Creation, Existence, and Termination 141k30 Abandonment or Nonuser 141k30 (1) In general . Mass .App.Ct . 1987 . Nonuse, as such, would not work abandonment of easement . 5 . EASEMENTS < 32 141 ---- 141I Creation, . Existence, and Termination 141k32 Adverse possession. Mass .App.Ct . 1987 . Owners of land abutting way were required, to establish acquisition through adverse possession of fee unencumbered by easement in disputed way, to prove occupation of land irreconcilable with its use as way, openly, notoriously, adversely, and without interruption for more than 20 years . 6 . EASEMENTS <�=36 (3) 141 ---- 141I Creation, Existence, and Termination 141k36 Evidence 141k36 (3) Weight and sufficiency. Mass .App.Ct . 1987 . Trial judge could find that owners of land abutting way failed to establish acquisition through adverse possession of fee unencumbered by easement in disputed portion of way, given its finding that, although it was necessary to drive between existing trees, there was no obstacle to proceeding by motor vehicle via way and that predecessors in title to other owners did just that . *1111 [24 Mass .App.Ct . 9691 Anthony M. Metaxas, Salem, for defendants . Michael J. Splaine, Beverly, for plaintiffs . Copyright (c) West Group 1999 No claim to original U. S . Govt . works Page 3 511 N.E . 2d 1110, 24 Mass .App.Ct . 968, Brennan v. DeCosta, (Mass .App.Ct . 1987) Before GREANEY, C . J. , and DREBEN and KASS, JJ. [24 Mass .App.Ct . 968] RESCRIPT . Neighbors, no longer friendly, dispute the right to use a street shown on a plan recorded in 1897 but never laid out on the ground. The DeCostas, defendants, claim the right to close and use a portion of the paper street, Fern Avenue, in Middleton. A judge of the Land Court determined, adversely to the DeCostas, that abutters on Fern Avenue, notably the plaintiffs, have the right to use Fern Avenue as shown on the 1897 plan for all purposes for which streets or ways are used in Middleton. (FN1) [1] 1 . Status of the way. As a general rule, the title of persons who acquire land bounded by a street or way runs to the center line of the way, G. L. c. 183, § 58, and carries with it the right to use the way along its entire length. Goldstein v. Beal, 317 Mass . 750, 755, 59 N.E . 2d 712 (1945) . Casella v. Sneierson, 325 Mass . 85, 89, 89 N.E . 2d 8 (1949) . Murphy v. Mart Realty of Brockton, Inc. , 348 Mass . 675, 677-678, 205 N.E . 2d 222 (1965) . The rule is applicable even if the way is not physically in existence, so long as it is contemplated and sufficiently designated. Ibid. [2] To that general rule, however, there are limitations . If the way was not actually staked out or used, abutters such as the DeCostas are free to challenge the existence of the way. Wellwood v. Havrah Mishna Anshi Sphard Cemetery Corp. , 254 Mass . 350, 355, 150 N.E . 203 (1926) . Goldstein v. Beal, 317 Mass . at 755-756, 59 N.E . 2d 712 . Walter Kassuba Realty Corp. v. Akeson, 359 Mass . 725, 727-728, 271 N.E . 2d 660 (1971) . Shaw v. Solari, 8 Mass .App .Ct . 151, 155, 392 N.E . 2d 853 (1979) . [3] Although the instant case resembles Shaw v. Solari, the decisive distinction is that the Land Court judge found, on contradictory evidence, that "Fern Avenue can be located on the ground in accordance with the plan on [24 Mass .App .Ct . 969] which the parties ' title claims are based"; that the predecessors in title to the Brennans had used Fern Avenue for access to their property; and that an abutter, one Kasenenko, had plowed Fern Avenue for the benefit of all neighbors . However marginally, the path and use of Fern Avenue could be followed. The judge ' s findings, while not compelled, are scarcely clearly erroneous . See Mass .R.Civ. P. 52 (a) , 365 Mass . 816 (1974 ) , made applicable to these proceedings by Mass .R.Civ. P. 1, as amended, 385 Mass . 1214 (1982) ; Shapiro v. Burton, 23 Mass .App.Ct . 327, 330, 502 N.E . 2d 545 (1987) . [4] 2 . Abandonment. The judge found that the persons in the Brennan chain of title had not abandoned any right they may have had to use Fern Avenue . At most they had simply disregarded Fern Avenue . Non-use, as such, will not work an abandonment of an easement . Desotell v. Szczygiel, 338 Mass . 153, 158, 154 N.E . 2d 698 (1958) . Lemieux v. Rex Leather Finishing Corp. , 7 Mass .App.Ct . 417, 421-422, 388 N.E . 2d 1195 (1979) . Contrast Sindler v. William M. Bailey Co. , 348 Mass . 589, 593, 204 N.E . 2d 717 (1965) . Copyright (c) West Group 1999 No claim to original U. S . Govt . works Page 4 511 N.E . 2d 1110, 24 Mass .App.Ct . 968, Brennan v. DeCosta, (Mass .App.Ct . 1987 ) [5] [6] 3 . Adverse possession. In addition to grant, release, estoppel, or abandonment, an easement in a way may be extinguished by adverse possession. Emery v. Crowley, 371 Mass . 489, 495, 359 N.E . 2d 1256 (1976) . To establish acquisition through adverse possession of a fee unencumbered by an easement in the disputed portion of Fern Avenue, the DeCostas were bound to prove occupation of the land irreconcilable with its use as a way, openly, notoriously, adversely, and without interruption for more than twenty years . Lemieux v. Rex Leather Finishing Corp. , 7 Mass .App.Ct . at 422-424, 388 N.E . 2d 1195 . Yagjian v. O'Brien, 19 Mass .App.Ct . 733, 735-737, 477 N.E . 2d 202 (1985) . See Shaw v. Solari, 8 Mass .App.Ct . at 155-156, 392 *1112 . N.E . 2d 853 . Once again the DeCostas ' case founders on the judge ' s findings . She found that the uses made by the predecessors in title of the DeCostas were not "of such nature or of such long duration as to eliminate the rights of other property owners whose land abuts on Fern Avenue . " The judge expressly found that, although it was necessary to drive between existing trees, there was no obstacle to proceeding by motor vehicle to and from Park Avenue and the Brennan land via Fern Avenue and that predecessors in title to the Brennans did just that . The judge was not required to believe that the photographic evidence of barriers proved continuous obstruction over the prescriptive period. See Lawton v. Dracousis, 14 Mass .App .Ct . 164 , 168-170, 437 N.E . 2d 543 (1982) . Judgment affirmed. FN1 . That right, the court also determined, was subject to the defendants ' right to maintain, repair, and replace an existing septic system located beneath the surface of Fern Avenue . Copyright (c) West Group 1999 No claim to original U. S . Govt . works I Page 1 Citation/Title MGLA 187 § 5, Installation of public utility services for abutting owners on private ways authorized *56628 M.G.L.A. 187 § 5 MASSACHUSETTS GENERAL LAWS ANNOTATED PART II. REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS TITLE I. TITLE TO REAL PROPERTY CHAPTER 187. EASEMENTS Current through 1999 1st Annual Sess., Ch. 106 apv. 1 0/1 511 999 § 5. Installation of public utility services for abutting owners on private ways authorized The owner or owners of real estate abutting on a private way who have by deed existing rights of ingress and egress upon such way or other private ways shall have the right by implication to place, install or construct in, on, along, under and upon said private way or other private ways pipes, conduits, manholes and other appurtenances necessary for the transmission of gas, electricity,telephone,water and sewer service, provided such facilities do not unreasonably obstruct said private way or other private ways, and provided that such use of the private way or other private ways does not interfere with or be inconsistent with the existing use by others of such way or other private ways; and, provided further,that such placement, installation, or construction is done in accordance with regulations,plans and practices of the utility company which is to provide the gas, electricity, or telephone service, and the appropriate cities,towns, districts,or water companies which provide the water service. Said agencies,which provide such service, shall comply with the rules and regulations of the division of water supply and the department of telecommunications and energy. Any such owner or owners may grant permission to a public utility company or water company to enter upon said way or other private ways to place, install, repair, or relocate pipes, conduits,manholes, and other necessary appurtenances for the transmission of gas, electricity,telephone or water service in accordance with such company or companies regulations, practices and tariffs filed with the department of telecommunications and energy or the division of water supply; provided, however,that no charge or added assessment shall be levied by such public utility company or companies against any such owner or owners not connected to such service or services. Neither the person installing or repairing public utility facilities, nor such facilities, nor the gas, electricity,telephone or water service transmitted shall be deemed to constitute a trespass upon said way or ways. Copyright (c) West Group 2000 No claim to original U. S . Govt . works r I ' 4 �. <000, A.M.Wilson Associates Inc. l�� ps April 12, 2000 Barnstable Board of Health Town Hall P.O. Box 534 Hyannis, MA 02601 RE: Giatrelis Request for Variances 91 Ocean Drive, West Hyannisport (Our File No. 2.1014.00) Dear Boar �Menmbers�: �- i .., .. . �. ` i � . _ . }•'t I wanted to call your attention to a"design discrepancy that was revealed in information presented to you at the 4/10/00 meeting for the above captioned project. When we discussed the matter of the missing Septic System Inspection Report, Atty. Kilroy produced a copy and Mr. Sullivan noted that it said groundwater was 5'below the surface. Presumably this was in the area of cesspool at the northeast corner of the site. The surface grade in this area,based on the project plan, is±8.5'. This would put groundwater at±3.5; 1.5'higher than the 2' elevation used in design. If this figure were correct,there would be only 3.8'of separation between the bottom of the SAS and high groundwater. This is insufficient to meet Code and less than the separation for which the Board could grant a Variance. It would also mean that TP #2 had somewhat less than 3.75' of percable material above groundwater, dependent upon the actual surface elevation, which is not provided. This is the Test Pit within the confines of the SAS. Apparently,the Septic System Inspection report was not provided to the Board. An additional check of your records on 4/12/00 shows no copy filed with your office. As you can see from the attached deed,the property transferred to CJS Realty Corp.,the current owner, on October 22, I,999,almost 6'months ago. 310 CMR 15.301 (10) requires the Report to be submitted to the Board within 30 days of the inspection and the Inspection to be conducted prior to transfer. We would urge you to notify Atty. Kilroy that a copy of the report must be submitted to your office forthwith, as the failure to do so is a violation. P.O. Box 486 508 375 0327 3261 Main Street Barnstable, MA 02630 FAX 375 0329 A.M.Wilson Associates Inc. April 17, 2000 Barnstable Board of Health Town Hall P.O. Box 534 Hyannis,MA 02601 Re: 91 Ocean Drive, West Hyannisport Request for Variances; Giatrelis (Our File No. 2.1014.00) Dear Board Members: We have now had an opportunity to review the Subsurface Sewage Inspection Report for the above captioned site prepared by William Robinson and dated 10/16/99. First we would note that 6 months elapsed between the preparation of this report and its transmission to your office. This is a violation of 310 CMR 15.301(10) of which the Inspector should be notified. Further, having failed the system, 310 CMR 15.305.1 allows two years or less to upgrade, at your discretion. Secondly,review of the report confirms the groundwater assumptions we discussed in our letter of 4/12/00. The Inspector found the High Tide Mark,presumably a recent wrack line, 65' from the cesspool. This would be±elevation 3.5' as shown on the project plans. Those same plans show the BVW limit as high as±elevation 4.5'. Since this is in an area of grasses and herbaceous materials which have root mats of 6" or less, and which must have water at their root limits for a substantial portion of the year, groundwater must be higher than indicated by the percolation test data. Lastly, and most importantly, we would call your attention to Part C, "Flow Conditions", page 6 of the Report,which states that there are only 2 bedrooms in the existing dwelling at the site. As you.are aware,we provided Assessing information for your file spanning over 20 years showing the dwelling to contain 3 rooms used as/suitable for bedroom occupancy. The applicant has suggested there are 5 bedrooms. If we are to believe the Inspection Report,the number of bedrooms has been increased by the current owner since the time of his acquisition of the property,without permission from the Board(or the Building Inspector)while utilizing a failed septic system. Consequently, regardless of what might be found at the time of your upcoming site inspection, we believe you may want to base your decision on allowable flow for the dwelling in Town records and the Inspection Report. P.O. Box 486 508 375 0327 3261 Main Street Barnstable, MA 02630 FAX 375 0329 Again,thank you for your consideration in this matter. Yours, A. M. WILSON ASSOCIATES, INC. Arlene Wilson., PWS Principal Environmental Planner cc: Charles Cormay Atty. Phil Notopoulos DEP 400AW 19/csp Thank you again for your consideration. Yours, A. M. WILSON ASSOCIATES, INC. Arlene M. Wils n, PWS Principal Environmental Planner Cc: DEP Conservation Commission Zoning Board.of Appeals Atty. Phil Notopoulos Charles Cormay Stephen Giatrelis 400AW22/csp C FILE A.M.Wilson Associates Inc. April 17, 2000 Barnstable Board of Health Town Hall P.O. Box 534 Hyannis, MA 02601 Re: 91 Ocean Drive, West Hyannisport Request for Variances; Giatrelis (Our File No. 2.1014.00) Dear Board Members: We have now had an opportunity to review the Subsurface Sewage Inspection Report for the above captioned site prepared by William Robinson and dated 10/16/99. First we would note that 6 months elapsed between the preparation of this report and its transmission to your office. This is a violation of 310 CMR 15.301(10) of which the Inspector should be notified. Further, having failed the system, 310 CMR 15.305.1 allows two years or less to upgrade, at your discretion. Secondly,review of the report confirms the groundwater assumptions we discussed in our letter of 4/12/00. The Inspector found the High Tide Mark,presumably a recent wrack line, 65',from the cesspool. This would be±elevation 3.5' as shown on the project plans. Those same plans show the BVW limit as high as±elevation 4.5'. Since this is in an area of grasses and herbaceous materials which have root mats of 6" or less, and which must have water at their root limits for a substantial portion of the year, groundwater must be higher than indicated by the percolation test data. Lastly, and most importantly,we would call your attention to Part C, "Flow Conditions",page 6 of the Report,which states that there are only 2 bedrooms in the existing dwelling at the site. As you are aware,we provided Assessing information for your file spanning over 20 years showing the dwelling to contain 3 rooms used as/suitable for bedroom occupancy. The applicant has suggested there are 5 bedrooms. If we are to believe the Inspection Report,the number of bedrooms has been increased by the current owner since the time of his acquisition of the property, without permission from the Board(or the Building Inspector)while utilizing a failed septic system. Consequently,regardless of what might be found at the time of your upcoming site inspection, we believe you may want to base your decision on allowable flow for the dwelling in Town records and the Inspection Report. P.O. Box 486 508 375 0327 3261 Main Street Barnstable, MA 02630 FAX 375 0329 i r, Thank you again for your consideration. Yours, A. M. WILSON ASSOCIATES, INC. Arlene M. Wils n, PWS Principal Environmental Planner Cc: DEP Conservation Commission Zoning Board of Appeals Atty. Phil Notopoulos Charles Cormay Stephen Giatrelis 400AW22/csp :. w i • a FILE COPY A.M.Wilson Associates Inc. April 12, 2000 Barnstable Board of Health Town Hall P.O. Box 534 Hyannis, MA 02601 RE: Giatrelis Request for Variances 91 Ocean Drive, West Hyannisport (Our File No. 2.1014.00) Dear Board Members: I wanted to call your attention to a design discrepancy that was revealed in information presented to you at the 4/10/00 meeting for the above captioned project. When we discussed the matter of the missing Septic System Inspection Report, Atty. Kilroy produced a copy and Mr. Sullivan noted that it said groundwater was 5'below the surface. Presumably this was in the area of cesspool at the northeast corner of the site. The surface grade in this area,based on the project plan, is±83. This would put groundwater at±33; 1.5'higher than the 2' elevation used in design. If this figure were correct,there would be only 3.8' of separation between the bottom of the SAS and high groundwater. This is insufficient to meet Code and less than the separation for which the Board could grant a Variance. It would also mean that TP#2 had somewhat less than 3.75' of percable material above groundwater, dependent upon the actual surface elevation, which is not provided. This is the Test Pit within the confines of the SAS. Apparently, the Septic System Inspection report was not provided to the Board. An additional check of your records on 4/12/00 shows no copy filed with your office. As you can see from the attached deed,the property transferred to CJS Realty Corp.,the current owner, on October 22, r 1999, almost 6 months ago. 310 CMR 15.301 (10)requires the Report to be submitted to the Board within 30 days of the inspection and the Inspection to be conducted prior to transfer. We would urge you to notify Atty. Kilroy that a copy of the report must be submitted to your office forthwith, as the failure to do so is a violation. : P.O. Box 486 508 375 0327 3261 Main Street Barnstable, MA 02630 FAX 375 0329 Again, thank you for your consideration in this matter. Yours, A. M. WILSON ASSOCIATES, INC. Arlene Wilson, PWS Principal Environmental Planner cc: Charles Cormay Atty. Phil Notopoulos DEP 400AW 19/csp z, Property Location: 91 OUEAN UK Hy MAP ID: 266/003/// Vision I7t:19103 Other ID: Bldg#: 1 Card 1 of 1 Print Date: 02/28/2000 t ^��- ...,.._. � ��,: _,. , ... .,.,a.�,. �.:.-a,> .ate _..•� o, ., :, ..».> Element escription Commercial Data Elements ty e ypcRauch Element Cd. Ch. Description Model 1 Residential Heat Grade C C Frame Type FUS Baths/Plumbing Stories 1 1 Story ccupancy 0Ceiling/Wall VVK 3- ooms/Prtns 24 2 Exterior Wall 1 14 ood Shingle /o Common Wall 2 Wall Height Roof Structure 03 able/Hip 14 Roof Cover 03 sph/F GIs/Cmp nterior Wall 1 7 Knotty Pine =� *���x . 2 Element Code Description Pactor BM UBM 31 Interior Floor 1 14 arpet Uomplex 1 10 1 10 2Floor Adj Unit Location 14 17 7 eating Fuel 2 oil Heating Type 2 Floor Furnace Number of Units 14 C Type 1 one umber of Levels 6 /o Ownership _ 4 1 Bedrooms 3 Bedrooms Bathrooms 5 1 1/2 Bathrms �i, - 15 11 1 Full+1H 1212 8 otal Rooms Roomsn �. j ase e Size Adj.Factor .04333 25 9 10 ade(Q)Index .93 ath Type Adj.Base Rate 6.57 Kitchen Style Bldg.Value New 7,319 Year Built 1905 9 ff.Year Built G)1968 rml Physcl Dep 9 uncnl Obslnc con Obslnc .. R pecl.Cond.Code a ecl Cond% 10 od a p single escn tion ercenta a viral]%Cond. 1 am eprec.Bldg Value 0,700 Code Description DR units it rice Yr. DpRt YO nd Apr. Value FFLI Fireplace , •J •xE;'�._,.�, xvS}�,4� aT�L .:e"R^..�.$y,%-:_ Se,: `.R5 .Uffi'aR #�..z rti? < `��g o e Description LivingArea Uross Area Eff Area Unitcost Undeprec. Value BAS First oor , FGR Attached Garage 0 310 109 16.37 5,076 FUS Upper Story,Finished 336 336 336 46.57 15,648 PTO Patio 0 81 8 4.60 373 UBM Basement,Unfinished 0 366 73 9.29 3,400 WDK Wood Deck 0 592 59 4.64 2,748 t.Gross LivlLease Area , 2,975 1,875 Bldg Val. , "im NX X 11/: UUX Vision Ili: 15.-03 Other ID: Bldg#: 1 Card I of I Print Date:02/28/2000 q SS 40%, U ISAKKE I I,JU1111 ir 1VU&W I AI'lUr, 3-P-el—ow Street 6 eptic I Paved xce iew Description Code Appraised value Assessea value %CSJ REALTY CORP 4 as --rff(V— T53_,5W 153-,500 8:01 648 MAIN ST 7 ublic Wateiii S]IDNTL 1010 72,800 72,800 OSTERVILLE,MAL 02655 :ED:A:TA-Barnstable, 'gft ACCountif 151U Plan Ret. Tax Dist. 400 Land Ct# Per.Prop. D FYOO #SR Life Estate #DL I Notes: VISION #DL 2 GIS ID: ota226,3001 22T,3U0 AN A"I'vul I 7A- Ubj"ALI I t_unr_ ILb171 341 Iu/zz/I5F5Py qj V 275'UUU OU Yr. Code Assessed value rr. Code Assessed value Yr. Code Assessed value BARRETT,JOHN P&MARY ALICE 11650/120 08/21/1998 U 1 180,000 1A 2000 joill 153,500 199-9-rOTO-- 153,5001998 lulo 15395UU BARRETT,JOHN P&ODONNELL,T M TRS 8704/045 07/15/1993 U 1 100 F 2000 1010 75,2001999 1010 7592001998 1010 75,200 BARRETT,JOHN P L 3764/157 06/15/1983 Q 0 BARRETT,JOHN P-M792 11650/123 0 Tota1: 228, 7' tat: 22897UU eazes W—visit IV rear ypewescription Amount Code escrip ion Number Amount -Comm.Int. Appraised Bldg.Value(Card) 70,700 Appraised XF(B)Value(Bldg) 2,100 Appraised OB(L)Value(Bldg) 0 Total. Appraised Land Value(Bldg) 1539500 51'Y""M Special Land Value EA%-V,r I IUfN AI,V Ih W Total Appraised Card Value 226,300 Total Appraised Parcel Value 226,300 Valuation Method: Cost/Market Valuation � eT mil-Appraise d Parcel Value 226,300 3, Permit ID Issue Date lype 1jeScription Amount D C D C C sp. ate omp. ate omp. omments Date urpos esuit B35567 12/1/92 AD _W---TTf579'3-- -TW_-40 3rd Visit-2nff`N_oT ice_L-eff_ 9/8/99 DD 09 2nd Visit-1st Notice Left 8/5/99 DD 01 eas/Est E B# Use C de Description Zone D Prontage Depth units Unit Price 1.Pactor S.L Pactor JVbhd. Adj. Notes-Aajl6pecial Pricing Adj. Unit rice Lana va;;;, Single Fain RF1 -;f- ___T_ 0.62 AC -r3T;M.0 U- —r.M V_ _-T.0_5H A17- -0-.70 S P C L 6 2,U 10)N ores:1`07rBED Li 247,WPUMU I L 153 If bta7 U u7- h- nit an ,0.021A, FOUNDATION BSMT. & ATTIC PLUMBING PRICING LAND COST . _ onc.Walls Fin. Bsmt.Area Bath Room Base / 7 6 C BLDG. COST' one. Blk.Walls Bsmt. Rec. Room St. Shower Bath Bsmt. 5-6' PURCH. DATE onc. Slab Bsmt.Garage St. Shower Ext. Walls _ PURCH. PRICE. .�.' J i•, rick Walls Attic FI.&Stairs Toilet Room Roof RENT tone Walls Fin.Attic Two Fixt.Bath Floors ?a Q -- iers INTERIOR FINISH Lavatory Extra 5 smt. f 1 2 3 Sink Attic Plaster Water Clo. Extra EXT RIOR WALLS Knotty Pine Water Only 3 J £ J Plywood - No Plumbing Bsmt. Fin. r� , ouble Siding In—gle�Siding Plasterboard Int. Fin. — 12 6) ^./� Shingles - r/J.CL r/ TILING Ik. G F P Bath Fl. Heat .. Q onc. B o2� � • i r) _ -- - I &Wains. Bath F. .On - Int. Layout Auto Ht.Unit ace Brk Y Veneer Int.Cond. Bath FI.&Walls Fireplace -11-- 7S0 om. Brk.On HEATING Toilet Rm. FI. Plumbing f t/Q y 7I t S olid Com. Brk. Hot Air Toilet Rm.Fl.&Wains. 1 Tiling Steam Toilet Rm. FI.&Walls y1 flanket Ins. Hot Water St. Shower •a Ioof Ins. Air Cond. Tub Area Total Floor Fu'. ROOFING J COMPUTATIONS sph. Shingle Pip less Furn. S'�G S.F. /�-t7��!) _ 1 � cod Shingle No Heat �3 2. S.F. _2,(�C. ) d 7y�p/ �,/ / sbs. Shingle Oil Burner 7� S.F. �'.QO 36Q *0 N Y /2-• r `�'4� Ckft ALA late Coal Stoker ' - l0 s.F. Epp S S� �i- oN� Y s :��ia� /f!� ile Gas S.F. OUTBUILDINGS ROOF TYPE Electric S.F. 1 2 3 14 15 61 7 18 9 1101 1 2 3 4 5 6 7 8 9 10 MEASURE[ able Flat T S.F ip Mansard FIREPLACES .F. Pier Pound. Floor ambrel Fireplace Stack / Wall Found. 0. H.Door LISTED FLOORS Fireplace Sgle.Sdg. Roll Roofing Y" one. LIGHTING Dble.Sdg. Shingle Roof /" r DATE arth No Elect. -a {?a ".-: '''� Shingle Walls Plumbing 'L ine - r'� �`E %y Cement Blk. Electric x" ardwood ROOMS sph.Tile Bsmt. 1st yy,[j� TOTAL � Brick Int. Finish PRICED ingle 2nd ,� 3rd FACTOR �`'aS - G �L�6" �J �,�--•CJ�J� REPLACEMENT 3 .6� OCCUPANCY CONSTRUCTION SIZE AREA CLASS AGE REMOD. COND. REPL. VAL. Phy.Dep. PHYS. VALUE Funct.Dep. ACTUAL VAL. �31�� 2 3 4 5 . 7 B 9 10 TOTAL L s RESIDENTIAL PROPERTY MAP NO. LOT NO. FIRE DISTRICT SUMMARY STREET Ocean St. HpaIlTLis L L H FAN ?.2 a G_) 266 3. . -- . OWNER 7r :p% ?L^.fI RECORD OF TRANSFER DATE EIK PG I.R.S. REMARKS: �� � Barrett John P. & Josephine H. 4/8/63 1195 338 B TOTAL �b/S p 2a LAND i- ;, ,., �/ BLDGS. C - r r h, o roraL 3. 410 / .7 LAND Ol BLDGS. TOTAL LAN D BLDGS. TOTAL LAND BLDGS. m TOTAL LAND BLDGS. TOTAL 'LAND i BLDGS. INTERIOR INSPECTED: > TOTAL -DATE: LAND �'�D- ��� / , � ^ �� . �:� ',. ,,> ,. , - BLDGS. ACREAGE COMPUTATIONS S± ' %/�ti, j. , G/ a) TOTAL LAND TYPE # OF ACRES PRICE TOTAL OEPR. VALUE LAND .- HOUSE LOT CLEARED FRONT S D/cy b S� U C /Z �5 U 7� S V /g OG� 0) BLDGS. TOTAL REAR LAND WOODS&SPROUT FRONT taR/►?Axsh -3 5 O 4 3 /n v BLDGS. TOTAL WASTE FRONT LAN D REAR BLDGS. Ot TOTAL LAND e S o© Oi BLDGS. LOT COMPUTATIONS LAND FACTORS TOTAL FRONT DEPTH STREET PRICE DTH % FRONT FT. PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND EP ROUGH TOWN WATER Ot BLDGS. HIGH GRAVEL RD. TOTAL LOW DIRT RD. LAND t SWAMPY NO RD. ,,, BLDGS. a A.M.Wilson Associates Inc. Board of Health Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: Variance Modification Request 91 Ocean Ave, West Hyannisport (Our file 2.1014.0) Dear Board Members: It came to my attention earlier today that the Board will be discussing a request to modify the Variance conditions for the above captioned project tonight at your hearing. This Variance,required abutter notification originally. As you are aware there is significant neighborhood interest in the project. If you are to modify the Variance, it would seem appropriate to follow the same notification requirements as for the original application so that interested abutters can hear the proponent's arguments and offer testimony of their own. Failure to do so would have the effect of foreclosing the appeal rights of the abutters were the Variance to be changed. Previous commitments prevent me or my client from attending tonight's meeting on just a few hours notice. I would hope you will require the applicant to notify abutters and formally reopen the hearing so that the public can be heard in this matter. Thank you for your consideration. Yours, Arlene M. W' son, PWS CC: Pete Sullivan{ t. A4.Robert Smith- Charles Cormay Atty. Arthur Hyland P.O. Box 486 508 375 0327 3261 Main Street Barnstable, MA 02630 FAX 375 0329 i R. Sullivan Engineering Inc. 7 Parker Road/Box 659 Osterville, MA 02655 Peter Sullivan P.E. Mass. Registration No. 29733 phone: 508-428-3344 e-mail:PSul1PE@aol.com August 10, 2001 Board of Health Town Barnstable 367 Main Street Hyannis, MA 02601 RE: 91 Ocean Drive, W Hyannisport Dear,Board of Health, Your letter of December 11, 2000 which grants variances for the on site sewage disposal system at the above referenced property has been recorded at the Registry of Deeds in Book 14129 Page 256 and as instrument # 58577. The Order of Conditions from the Conservation Commission has also been recorded and a copy of that recording information is attached. I trust this meets your present needs. Any questions please feel free to call. Ve truly your Peter Sullivan, P. E. Sullivan Engineering Inc. Cc: Stephen Giatrelis Bruce Gilmore, Esq. Ih Bernard Kilroy, Esq. t Members of American Society of Civil Engineers, Boston Society of Civil Engineers i -n Aft IM tz Rl t-i CU ZI Z7- f Bk . 14129 P:91C�6 W"" r c Corrected December 11,2000 TOWN OF BARNSTABLE r DF'If ME Taw �E-1 —2�D�D 1 a^1 02 2 22P �Qy o OFFICE OF i BASHSTABL i BOARD OF HtALTH y NAM pj 1639• ��� 367 MAIN STREET 'eOMPYk' HYANNIS,MASS.02601 December 11, 2000 Peter Sullivan Sullivan Engineering 7 Parker Road P. O. Box 659 Osterville, MA 02655 RE: 91 Ocean Drive, West Hyannisport Dear Mr. Sullivan: You are granted variances on behalf of your client, Stephen Giatrelis, to install an onsite sewage disposal system at 91 Ocean Drive, Hyannisport, Massachusetts. The variances granted are as follows: 310 CMR 15.211: To install a soil absorption system zero (0) feet away from the property line, in lieu of the minimum setback of ten (10) feet required. 310 CMR 15.211: To install a septic system completely within a State defined non-eroding bank, in lieu of the minimum fifty (50) feet setback required by the State Environmental Code and in lieu of the 100 feet minimum setback as required by the Town of Barnstable Health Regulation Part VIII, Section 10.0. Part VIII, Section 10.0: To install a soil absorption system 65 feet away from a watercourse and 85 feet away from a salt marsh, in lieu of the 100 feet minimum setback required. t� These variances are granted with the following conditions: (1) No more than three (3) bedrooms are authorized at this site. Dens, study rooms, finished attics, sleeping lofts, and similar type rooms are ocean Corrected December 11,2000 considered "bedrooms" according to MA, Department of Environmental Protection. (2) The square footage of the existing footprint of the dwelling shall not be increased in overall size as agreed to by the applicant. (3) The applicant shall obtain the approval of the Conservation Commission prior to obtaining a disposal works construction permit from the Health Division. (4) The rights of all others, including the Town, to construct and maintain utilities in the way shall not be impeded or infringed upon in any way. (5) If construction of the permitted works is restrained or enjoined due to civil actions taken by other private parties and it is impossible to complete the works according to the permit, that may render the dwelling uninhabitable and the applicant is aware of and accepts the risk. (6) All easements needed for the project shall be obtained. (7) This Board of Health decision shall be recorded at the Registry of Deeds. The rights provided which allow the Giatrellis' to place the on-site disposal system within the road which they own is specifically subordinated to the rights of the town to install public utilities therein, including, but not limited to: sewer, water, electricity and telephone and these rights are perpetual. These variances are granted because the existing cesspool was full of sewage effluent, over the inlet pipe, at that time of inspection on October 16, 1999, and as therefore "failed". The proposed onsite sewage disposal system meets the maximum feasible compliance standards contained within the State Environmental Code, TitleV. Z ely yo M . ask, S. Chairperson Board of Health Town of Barnstable SGR/bcs f ocean t� Sullivan Engineering Inc. 7 Parker Road/Box 659 Osterville, MA 02655 Peter Sullivan P.E. Mass. Registration No. 29733 phone: 508-428-3344 e-mail:PSullPE@aol.com August 10, 2001 Conservation Commission Town Barnstable 367 Main Street Hyannis, MA 02601 RE: SE3-3635/Giatrelis/91 Ocean Drive, W Hyannisport Dear Commission, Please find enclosed the original recording information for the above referenced file. The Order of Conditions was recorded today in the Barnstable Registry of Deeds in Book 14129 Page 250 and as instrument number 58576 . I trust this meets your present needs. Any questions please feel free to call. Very truly yours, 1- i` Paula Sullivan r Sullivan Engineering Inc. Cc: Stephen Giatrelis Bruce Gilmore, Esq. Bernard Kilroy, Esq. I r Members of American Society of Civil Engineers, Boston Society of Civil Engineers r IKEA Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands ' r DEP File Number: > srAe = WPA Form 5 - Order of.Conditions , SE3-3635 v� MASR ,e$ Provided by DEP �f039.� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Town of Barnstable Ordinances Article XXVII D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. -------------------------------------------------------------------------------------------------------------------------- To: Barnstable Conservation Commission Please be advised that the Order of Conditions for the Project at: 91 Ocean Drive, W. Hyannisport SE3-3635 Project Location DEP File Number Has been recorded at the Registry of Deeds of: ,1 County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Bk 14129 Ps250 Book Page In accordance with the Order of Conditions issued on: ' 138-10-2001 al 02 = 22s* Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant.30 . " Wpaform5.doc•rev.7/25/01 Page 7 of 7 I oFT„E Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands , srAa � WPA Form 5 - Order of Conditions sE3-3635 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by!DEP and Town of Barnstable Ordinances Article XXVII A. General Information Important: When filling From: out forms on Barnstable the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions To: Applicant: Property Owner(if different from applicant): Stephen J. Giatrelis CSJ Realty Corp Name Name 106 Cape Drive 648 Main Street Mailing Address Mailing Address Mashpee MA 02649 Osterville MA 02655 Cityfrown State Zip Code City/Town State Zip Code 1. Project Location: 91 Ocean Drive W. Hyannisport Street Address City/Town 266 003 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Barnstable 12617 341 County Book Page Certificate(if registered land) 3. Dates: February 7, 2000 July 24, 2001 August 7. 2001 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Revised Site Plan July 26, 2001 Title Date Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: Peter Sullivan, PE Name 6. Total Fee: $250.00 (from Appendix B:Wetland Fee Transmittal Form) Wpaform5.doc•rev.7/25101 Page 1 of 7 i Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands > STAB = WPA Form 5 - Order of Conditions SE3-3635 QED MA'S�' °� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 059. Provided by DEP and Town of Barnstable Ordinances Article XXVII B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish [Prevention of Pollution ❑ Private Water Supply ❑ Fisheries ®-Protection of Wildlife Habitat ❑ Groundwater Supply 2 Storm Damage Prevention Flood Control Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. Wpaform5.doc•rev.7/25/01 Page 2 of 7 J r �FIKEA Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands FrAB WPA Form 5 - Order of Conditions sE3-3635 v� 039. �0$KAM Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Town of Barnstable Ordinances Article XXVII B. Findings (cont.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title. of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number SE3-3635 " 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. Wpaform5.doc•rev.7/25101 Page 3 of 7 IKEA Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions SE3-3635 1 , �Eo►�+•� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP and Town of Barnstable Ordinances Article XXVII B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have b een fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. see attached Findings as to municipal bylaw or ordinance Furthermore, the Barnstable hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Municipal Ordinance or Bylaw Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 12/that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Article 27 of Town Ordinances Municipal Ordinance or Bylaw Citation The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. Wpaform5.doc-rev.7/25/01 Page 4 of 7 SE3-3635 Giatrelis Approved Plan= July 26,2001 Revised Site Plans(2 sheets)by Peter Sullivan,PE Special Conditions of Approval 1. Within one month of receipt of this Order of Conditions and prior to the commencement of any work approved herein,General Condition number 8(preceding page)shall be complied with. 2. The work limit shown on the approved plan shall be strictly observed. 3. The work limit line shown on the approved plan shall be staked in the field by the project surveyor/engineer prior to the start of work. 4. Prior to the start of work,staked strawbales backed by trenched-in siltation fencing shall be set along the approved work limit line. Effective sediment controls shall remain until the site is stabilized with vegetation. 5. There shall be no disturbance of the site,including cutting of vegetation,beyond the work limit. This restriction shall continue over time. 6. Prior to construction,a sequence of 35 mm color photographs showing the undisturbed buffer zone shall be submitted to the Conservation Commission. At the time of the request for a Certificate of Compliance,another updated sequence shall be submitted. 7. The Conservation Commission shall receive 1 week advance notice of the start of work(our phone number is 508-862-4093) 8. Upon completion of the foundation for the house,the project surveyor or engineer shall provide in writing to the Commission verification of the approved siting of the foundation,and of the approved location and condition of the sediment controls(strawbales)deployed at the site. Once the foundation is laid,no further work on the project shall occur until the verification is signed off in writing by the Conservation Commission. 9. All areas disturbed during construction shall be revegetated immediately following completion of work at the site. No areas shall be left unvegetated or unmulched for more than 30 days. 10. All proposed lawn areas shall be underlain with a minimum of 4 inches of organic loam. 11. The applicant shall abstain from any and all use of lawn care chemicals,herbicides,pesticides and fertilizers within 100 feet of the(RESOURCE AREA). 12. Drywells or graveled trenches along the drip lines shall be installed to accommodate roof runoff. 13. The driveway shall be constructed of pervious material. 14. Work limit markers(wood stakes)shall remain until a Certificate of Compliance is issued for this project. 15. All plan notes dealing with landscaping shall be carried out. 16. The catch basin for capturing road runoff shall be installed and maintained as proposed. 17. A low split rail fence shall be placed along the work limit as part of the final landscaping. 18. At the completion of work, or by the expiration of the present permit, the applicant shall request in writing a Certificate of Compliance for the work herein permitted. Where a project has been completed in accordance with plans stamped by a registered professional engineer, architect, landscape architect or land surveyor, a written statement by such a professional person certifying substantial compliance with the plans and setting forth what deviation, if any, exists with the record plans approved in the Order shall accompany the request for a Certificate of Compliance. J IKE Massachusetts Department of Environmental Protection °``�� Bureau of Resource Protection -Wetlands DEP File Number: • a+nivsreaL& WPA Form 5 - Order of Conditions SE3-3635 9`bA,f:;g. Massachusetts Wetlands Protection Act M.O.L. c. 131, §40 Provided by DEP and Town of Barnstable Ordinances Article XXVII B. in ings cost. Additional conditions relating to municipal ordinance or bylaw: see attached This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. Dace This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office (see Appendix A) and the property owner(if different from applicant). Signatures: On Of Day Month and+Year before me personally appeared 1 to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Notary Public My Commission Expires This Order is issued to the applicant as follows: by hand delivery on / by certified mail, return receipt requested, on August 7, 2001 Wpaform5.doc•rev.7/10/01 Page 5 of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: • BARNSTABM WPA Form 5 - Order of Conditions sE3-3635 MASS. � Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP and Town of Barnstable Ordinances Article XXVII C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations(310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district.in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Barnstable Conservation Commission Wpaform5.doc•rev.7/25/01 Page 6 of 7 I Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: &IMN =SA WPA Form 5 - Order of .Conditions - SE3-3635 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP and Town of Barnstable Ordinances Article XXVII D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: Barnstable Conservation Commission Please be advised that the Order of Conditions for the Project at: 91 Ocean Drive, W. Hyannisport SE3-3635 Project Location DEP File Number r Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property In: Bk 14129 Ps 250 "058576 Book Page In accordance with the Order of Conditions issued on: 08-10-2001 a 02 = 22Q Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Pa"-� Signature of Applicant.3 off"' Wpaform5.doc•rev.7/25/01 Page 7 of 7 1 From WWiwm 04r% w To!r■d 4 SON209001 cdo:Wmtko Tbmw;'t 1:1444 t'or 2 OF Z ; ; -t 1 i I I�� I ,T•t• r � t gL ,I I31. > I i� iltl t.�l I li? i !� I I�i I I I �,I• i ! _� it �,�_ �i�! i � • I i i : 1 i I • : � I � 11 ( . • ; . � ; ; T T , t SO'd BBEOF-LET821T 01 'OOSSH NOS-1IM 'W'H WON-1 Wd82:ET 000E-ST-20 J �hllNlll�l(�I�1�(�illil(N�B�II IIHIIIIIINNIII� I IN],�ry/, j ,lIV�iFl7li�'a;;NrmG:;J, Ilawwlio ■�� I. 11AilUfll; \. dpil MOM), 'Mullin IN■Own I�Main.�I IIrown IIIIIIR''_"1 Ir�iiirrr?r I■■ ill r., �� I! ����' rf II-- r'.ifl ; ilurlau�l,ti�r:�p� I: '_' �I:—ll:�ia'I!I��;�°^irkll. i .w.r■� 'I tf=;�r1� I Ilww��■ i Iwww�w �I I I��kfliG�(i � : ;��iuir�irh�ni�rrr aa: a■I�r■■ww�■� i � o O � o--rr. AI •. � a��-�i. ■ ■■■■ "h • r 1 ..,. (�■■■Eli o-- ww.w—a w I i !• Proposed L.anduuspieg i t d Dlreutlona to Site:From HyermisTake Main Street m Nis West End R er10 _ E Dlreetloru b SIb:From Ilyamta-Take Nlem Street m Plc WeY FJtd Rolaly eM 1. Historic a7 Rosary - Y of high manb to cease ittlm relgater Avenue ism Iand l o amp Thin:Take a Take info Smith Third Aw bane .Woke Sadder BeachAwrea and followfollow ll stop shin:Take a Aye oleo onto T Rd lahkll and 2- Two-f t wide low shrub butter an be leased RoadletP left to th le Beads Road eM loom m y,In Ave.:Take•left anm Thlyd Avg,andOn ,. into w to th 0e Beach a hou and Idi a diagonally ly In Ave.:Take a he pile Till Ave.end an me Landward edge of the resource line. .follow Ttalouelsda{loroOyNhmealyoumsheti(pe191pae�nDdke. Y _ hollow m ibis end:me hoarse la ttlegonaDy,In IroM a you b Vm rlgM-/91 Ocean Drive. (' _ - - J. Propoxd lewa m be feutie.'. - No On Reserve Area ' 4. Foundation lealio b Tun to e 'i<.P P Y I _ _. :l _ Ttua design u for the repaidupgrW a of th esiadog sNbe General Notes i • system(principal sy9em).Thad this repairAwgrede is 1. being placed in the reserve There is oo requirimee in ]. Arerow sy below deck/porch to he set with eauWed coot W I how.reserve arm fens rererva one.le Wile evmt ` of feila m this repair/upgraded srydc system,e0 faibd componentsV - 7. Calrb basic wile In raadwry to Ix H-20 capacity. .. Zi will be core-d and replaced vrilmn this r.ttrve tom footpriet Any and _ required to be removed due to hydraWic fdhae will be replaced with at ^ - W dean mmpe be material in compliance N9m the requvemmb of'rides. ^ 1 Footprint Comilla Ion LOCUS PLAN LOCUS PLAN VJ Existing Proposed NET stole.1"a2000' Saoles I"a 2000' / , r , Dwelo 1649 1644 5 A 1 \t Deck / Zoning District RB % Zoning District RB "' �Ml—� / / I 8 Sle'as 540 520 -20 sl * I I Setbacks 20/10/10 'State defined Coesml Bank ^-l._ SetbaekszalonoT V / ftao YeN Groundwater Zone AP O I I QT�own defined bank does tot Host on sits O I + I If— Assessors I 7 Grottndwety Zone AP 9 I 1 \ l Buser 17&9 7422 253 51 j �, I 266 Parcel 003 I a ---�'N oastal Bank is non�rtadin _ Map I I 1 1 © x� a Assessors hfap 266 Parcel 003 _� e I I \ © a Reptam existing vegetation S recreme Misting drainage berm / 1 ' I I I / �/y`�- `\ Ceo•o¢��«.�.I J -�1 ' L I 1 / ` \ P\ Ttos mtivin war done wirmwewtlorm_ofmlwiriow I 1% _^ ` \ •\ I . � Ocean Drive eOcean Ocean D/ -wcve ("o•IYee-P i ve po'mde-P.rwb 111ry) / ._ 1 / �•_ s•eerw \ A<a.•a qg' / ._ to , ; I . gross] —Is�I \ � \'`�\ •`I \ _ IB0.00' S g52 0•E \ r_ \ 1 ews� )O \ 160.00• S 8885�7' •F \ "- \s I l—_C t \ +80.00' S BS 7'0o'E./ 4.91• - / •— J `\ _ 6 r m _ '\ -- / 6 a 46 - . / \ my 7BN Q=6-II NGVD / TBI/Q=6.11 NGED \ T o/CB 10.IT T-- 9-� I 27 �c`el I r W I 9 �\ A7� �StaaeawO as reaper - .. ..9.-� '09 . AS Exht-9 Dlwa9hg�mr p __.\ AS 4_\ Ove/IJsg 1 I �iP_wwo U+rMBe`R AB 4,\� 10.1e -- oAw2a . a-\ �\ \ Top offmusdaaoo tB�1gNGVD 0 Round.wwl \ \ A�. \ am `-J-~/ + Roof—ff.be redlmged vi. a601' \ xa.ilxL �.7"- wTwnnv`E - 1 A61, \ l 6,. -7 French drains along the drip edge. \. \\ _ / 6___`�9.•. 111 I _6 `` _-6- LAST _ I \ .• 6• �Ar� �� 1 ' \ Aadp� _ 6. Ix .1�-' � 1 F� \ -� A �� ��.i 1 \\ Al - AJ/ _L-F� / ' ( \\ n°I Yq, A/ AJ -e12 ' J� \\ 0yR AJ, I ------' _ 0 5 ' cis Lin. }� .. � - e Line � /S�eeourca i. / oT Fl d a ENSR OB JAN o roi. \ / ea Ali Y /BB) sy i p (aa Flogged by EN5R OB/.4W/9R). �� Y / ) y `P.t, - fo9 99e0 D ENSR f?B JAN uanh Flagged byjEdae orsmt North rloo0ed er \\ -' - --_-��Q•� 3�\�Eega al solMmM Flags"ai Cage o/ \"�,lagh Wrack Oaf p EN9fl 13/APR/00 Edge of �HI9hYAoct j=y MRI]/APR/00 Edge.11 \-i d'� ENSft IJ/APR/00 i i PhrogmItaa Lina•OT/]I/00—T-� �OJ 3 3 A PMagmitea Lira-OT/31/00 03 .b= 2 Phragmilea \H19htrreat g� 3 A Lim-pl/31/00�� o P w Solt Marsh �`P ) =U salt : Sort Harsh k es tali --� / T2\ �IiCRARD / /_-\•.\_ Hpr --'_3_�� +R'c"A"° R 1 \ PETER =1=' ' _-- 1 0_`_ PETER __p__— v ��,' 3 UIETIRETiIt - ' 0- 5 8 WHIRETut r __ Y7V4 DITCH _ L11VAN -I.- ' SUWVAN Na Jr313 I /�0 01?CH(TI� � -- N0.2B7AT I�OLTIDAL) •. L I �(TIOA_� DML /_ " ,,i�,_51EP� a�lnEv,4°,w� Zoning District RB I I 1 ( °I! II I I ' !",K/' G•� •� 0O 1 , / ,•N.'!' ' 3o/IO 7i It ll 1 / t G / \`\ / ,. O ea�� /�%� Growulwater Z-w AP \ 1 / 6 tI f1^+pJ;('U' \ J Asusson 266 Parcel 003 \\ e a 1 \\ \ P \ \1 Rausao 7/9/ztao O FYMA 2Ama A10 `I 1'j • Rev'xd Nlll2WD p.. 1O 10 JO e0 FEET LreaTA Zave AIO \\\ \ 4//12000 0 10 10 JO i0 FEET FEMA Zane All \ ` n rn . _ _ ,_- c/rx 2000 odiVAtlab 11.0 NGVY \ t 1 -Qbv ?/7/uAAs rJerasba llA NCVD T/jlxaoo - - FJevalins 11.0 NGVD 70 JO 10 ff£T sheae True: D`9 d Engineering,Inc. C3 P.aSUN areas nDe: .' 0"1. .21pr Shoat Tien: D.q I . Sullivan En C @SUN ERistin Conditions Plan u21vr Sullivan E P Sullivan Engineering,Inc. Cape$uN Grading Plan u2+vl g Serra• PO Boa 659 7 Panao,Rood PROPOSED SITE IMPROVEMENTS Po Bon 659 7 Parser Road $tale 0 PO Box 659 7 Poiam Rood P Ostervillq MA 01fi55 OalaNUe MA 02655 91 Ocean Drive , l-20• Ost-r W.NA 02655 osl—Ve YA 02655 91 OCEAN DRIVE 1•eI0'- OaterWle.NA 02655 Oalers6la AIA a2653 91 Ocean Drive 9•_2v ramNa ,,..rmaNra errs maNx.,aa (-H-m a a W.Hyannisport,Mass. Da6i/fFB/oa ("-—:e'ee 4— fade)`n�r� W.HYANMSPORT MASS D 01c (3a -+r»r H ar�b mawo ma xne W.Hyannisport,Mass. p r /TE9/tin Add Work I.inil A Flmce a_.J 26,ZDe1 i, 'Adis Work[unit&I—. .� Date Jwy WWI - SHEET 3 of 3 1�'. Add Work Iimit&Felice - Dine:July 26,201 11 SHEET I of 3 Commeara from DRIP A AN IGTto DNa:Ang 11,2000 SHEET 2 01 3 CammmU from DEP&AYome Kilie ..Dab: 1 L200e- - -. - - Berised .... V A radlni DW:Joly 21.2eW Ab:Jaly ll.3em -. '.} Renato- u into V &aAuam - D�Joy]4 2l4 Revi,fm R<vbtd V & ' .--"--- - - - -- e r q2s rn- - f 0 Olreeaona to SHa:From RAy ls•Take Mekt Sweat to Dr Wsd EJd Ro"ard take Sasdder Avenue and follow to atop sego;Take a dglY arm Step,Rd.wrich tsars km CralgvNa Besot Road aw follow to TNrd Ave.:Take a Wh Gm Third Am ano i 1011M to an W4 The Muse is diagonally FI dlkd of you to ea rIgN49H Ocean Drive. - .. Noto Om Remve Ares PU - _ Thu dea)g.I.for thi, P irb ps-d-of ore edetios egtic "m(prittaim the rrmcr area�TLnema no r/upgado um. 6C. 71a.5 to ong how s reserve Nee for A—Nm.III. `�(J of Wore to this mpac/upgraded septic synm•AD fi ld mepommIs 44 _eI w'D be re.—d sod r.plsmd wimu this reserve uv tbotprint Any sd •..`.� - reduced to be remo,d due to hydrmJic W..veil be repixd with drm omop trble oud dd m mm+ph—wish elm r.quiremods of Tide 5. - LOCUS PLAN ... - W Scale: Bank _�� I � 1 Prop.13.2 CUTOFF WALL ALTERNATE r 1�e 2000' Seale defined Coastal Bank �..�m o..p.Plow akmm�.moy Town defined bank does not on site // v �5 I E.NI IDI -tn�a.� Fc-lo.x BiOmini r""P�"'a1°'e s'a we t'Niil�i®�. b,r�'""A,D� . ' ` swDbrartm.tnG arrmu w.r m OsaDa a+r oa.• mODe iwlp m.CnhvO.11maD..la.B men° I' Zoning District RB Im L'ppyrgl Bank 15 DOpKIOdID 1 ,, I I *Im.teas p.rbea r trYelssat.11•0-3u•seril� Setbt+cks 20/lat0 an.fm.rrk Groundwater Zone AP Proposed 120 lfofcantive M W-11 9 o P \ Ir I I l�r Isoo a.oa. ee®aw u ems' Tml Magma zwrn•tl wed oaeba erTw PI:A"horde grra.egA o°i�adOar Assessors Map 266 Parcel 003 toeadomryatm I I 1 �° y._ a ',I`_ ra..v..o.wse ma •rrtlm..rn.µ.smrnNe+tor- Top of wMi devarion tot. i. 1'. / m`r ��j ay�tl lMrHgr BW..IV RNYM CAN.. Waaryroof aDnptl 31OCAm15.255 +\ `•1� WThxa Nppmme.aema�wcprwu.e:ncyp.e.m. aN aavew aawyMylM aygrq" DEVELOPED PROFILE OF PROPOSED SEPTIC SYSTEM me.e.mra�..mwtyvvw.vm e:A s..mevrwdmm+ am W1�TMrtobax-zo w°mo, I I ,`` \\ e'mC°.ABe+ma00aimgm aiMTtr lA�i.a Ocean Drive tea._ (•b• Dd._ , . , , PFwre aby) / � � Tee np.lme.aa.o Pvc / e,y Nate Do Ruatve Area _ 1 �te...a This deti iI c 6r the—)Jb pgrde of the..ATg xptis I �` i.• \ ~I 9 S3 aP / ryam(yriodpd ryRm).7Mrtfi this repe'vhpgrade u _/ being plash u me remove slew.Three c,m sequin ft u ( �6Y p e,IP.�,Fd-O /ewvmr rue I.rq. Tirk 5 to show a rewvo w f a reserve aeA b the event of f ewe to Ihi. w/u dd dl forted men . // / ui-trs• rep� pgr septic systwn, ponenm \ GIs rb>w will be removed and replemd wkhitt this It—artl f+pore.My oil \ \ ( __ aK-errs' requird to be rennvd doe o h epbced wi yliance[ith the wiDui r m r60w7•..- _ dean mnlpetible matsid u compliance wim me rcqucem...s ofrnle s. Pwe rM aerates - \ �..E d \'` if' u• eJ u• I..•• Raaet to,S--Prlaeearrma htc old \ _ - DsM Wrt11030JolaaMBoeN 78M O=&I1 VOID / raps' `� Variaoctl Regoird )i'� a va.rT\ CROSS SERION OF LEACHING BED I. 310C)DMI5.211(i):AfioirmnSedaCk DiatAnces fiom ati ql Idl B— Ibr wren. Ro quired A7 aC'o /Bl ' TAMN�. - - 10 for required°(ra0)feet provided,Could heck:50 fat mquoed IW-W O e.wm urn D-.——.—•� EiWtA9 o.w/69 1 o uuuBe0. whams the sptem u located completely within a S We de5md mn tomb. ta".N• A sesyasn y3yDia A6 _ _ti\ i Design sizing of the manifold and laterals within the leaching system shall 2. Town ofames,Ne Pml vm:omaa Sewage DNpo„1 P,,Sui W' a rm +mraa r \ \ amp g reµ " 6e in accordance with DEP Pressure Distribution Guidance latest revision. Sectlon 100.The•IOOFoat pod ar'� C2 �4+ Lm. / - Regulation Dismnm amen sad watercomas o be 10°Cat 51' 1]P-ate' 4 m.a sr .layea Provided to the mpde took atd 65'to the bath W 95'w a Wt nWAII, TN \ .` i.ncA net '-7- F-.sr�Ar.Rr CC (for the Ali—pwffiq pin 64'ad N'r mp ctfidy).The syetm is lacued wdthb a Sane defined rho- otr M . o--e erding mend beds - Ir-te• O e.am zaren �e a.o we n.ww ° \ / _" ams.ptr TW Onar ta'BJ" A e+baw I—Ad RoofruoaBto he teraarged via `' \ \ a ,6 Itemised land Surveyor o stake me muedioe..ofottla I>mx sued the eiddim ofThird Ave.prior to ��' Cle.v to. French drain oboe me drip \ m .tn uaallarion ofsyam - a!-lm' I r-- V. I s - rE � c.m.ir Th,.crw. o rwuarra.veemlomyn mri ce.v Pau RAN LAm—2 rob tar inn A — .B a I.O' 9vm a� s fM!Venn SULLIVAN \\ 0 AJ� AlCMIL sore ,1+ae Yog d b I(as FIaBEed by fNSR OB /BBJ 'PUMP CHAMBER DETAIL O 1 v J \ �}� Ed of San Rm.h Fbaded by _ 3 ENSa 13/AFfl/00 Edpe W ` - t UDa�• p HIa Wmc 3 Ada Warn limit dr Feoee Da+c Jury 2f,2W( B, PAroOmam dy 31/00 1 Caosmean from DEP A Am rm G— I1,2000 w$ Sdf Marsh c I Revisiov Revised fi 6 redo Dale:JdT l420ea F,.P.rd r. Sheet/ \ Sullivan Engineering,Inc. CapeSury Prapand F�GEATenrrc TDc "°"h ,Shown off PO a_659 7 Parker Rood fl OCPAN DRIVE N/A OsferNlA NA 026M Oseerva.MA 02655 W.RYANMPORTMASS. DESIGN DETAILS itkel -Jaw(soawe--au r (amlw-sa.faae)uo•Jan r SWI"AN EJVGmEERING INC JULY tojaw . — - 3\M Or ay, rSreeDyran e�wwva�rman.e OSTERVULLE MASS job 0 4 Of WCHARD_Na - - -O - 1 /' DrtcN NO.29733 '0CIDA L) CM .. ` 1 1 I f y02• .. C l FEMA 7..AID 1\Il] :2pot� o to ao M Io PEEr Elc mo ILO NGVD TAar ZoD. - - Sullivan Engineering.Inc. CapeSury Sheet 71oe: °rq U21pI PO Bo:659 7 Parker Rood Affemate PROPOSED STEE 1MPROVEMENTS OAIA,01e•MA°2655 oAtena/.NA 02655 91 OCEAN DRIVE s<elr•'1O• _ - rsoe�.saAlvv rsmins-mar raaajuo-.mow fs t -.rDA+r WW IK ANNISPORTtKICM Da��/� Y •.� PswrtaKaw e�..�m.�.rnr — -._-- , f Add Work I®il&Feate D.te:JAy 26,2Mi f'.�•emm e•fran DEP&Am KB Date:An 11,200) � .. SNEET 1 0/I B-bloo Reused Arlan em& Dre: Wy ll.moo `f a _ r N R "ROAD ' na Directions to Site: From Hyannis-Take Main Street to the West End Rotary and ?� ,a '" a take Scudder Avenue and follow to stop sign; Take a right onto Smith Rd. which turns r � into a o Crai villa Beach Road and follow to Third Ave.; Take a left onto Third Ave. and � 9 , follow to the end; The house is diagonally in front of you to the right-#91 Ocean Drive. D _ _Yj_ YS _S-la _ j0 LOCUS PLAN Scale- I"= 2000' G Assessors Map 266 I I 11 Parcel 3 o + Ham_ ofl (40' Wide Dri V e i _ — private Way) � 1 , i � 1 \ ` Lawn TM a �� \ '',rw-1 — 15—� 10 180.00' S 8527'00" E oss• 1, 60.00, CSconc L— �. / \ Entry ` TBM E1=6.11 NGVD \ Top of CB 10.1 -._. ..._9 ... _.., A7 `. #91 FF 10.1(MSL) . —. — • — -p Existing Dwelling Blk A8 \ Brick Con \ Chimney walls A6 1 \ wood \ Deck Clothes J Line 6.8 's 4 A Aar A2 - i Resource Line (as Flagged by ENSR 08/JAN/98) • Flog O Pole Edge of N 3 oZ Phrogmites USalt Marsh o o o a - eq 11A 0/ 0q RICHARD R. PETER v LHEUREUX SULI.IVAN No.34312 a� NO.29733 s �fGiSTCa�° CIVIL A" Revised 4/11/2000 0 10 20 30 40 FEET 'FEMA Zone A10 (Z-v 7f71zWQ Elevation 11.0 NGVD _ ._._ Dwg # CapeSury sneer rile: Existing Conditions Plan c421p1 Sullivan'-Engineering, Inc. 7 Parker Road Scale Po Box 659 91 Ocean Drive 1 =20' Osterville, MA 02655 . Osterville MA 02655 W.Hyannisport, Masse, Date j (508)428-3344 (508)428-3115 fox (508)420-399c (5survoc peco fox 01IFEBIQO P5u11PE�ad.corn capesurv®copecod.net Sheet 1 0f X N _ �l Directions to Site: From Hyannis-Take Main Street to the West End Rotary and o '; ...take Scudder Avenue and follow to stop sign; Take a right onto Smith Rd.which turns .� into Craigville Beach Road and follow to Third Ave.; Take a left onto Third Ave. and follow to the end; The house is diagonally in front of you to the right-#91 00ean Drive. VI• • LOCUS PLAN A Scale: 1 2000' Assessors Mop 266 Q ! Parcel 3 9 ?'_W�T1At-�vn,�F C-4,Mt+g+n6� � O Lit • Ceara 5 u or (40' Wide Priv �'* ` E�EVA�toru 11,o p� • ate Way) Z.r D (TYP) (T Lore180.001 r S 5 7' E / s o conc TBM E1=6.11 NGVD -�. _ _ Entry o O o Top of CB/bH 10.1 �_ _9 V NTH A �aa ,�'91 1YwszJ �. d- • — — — -� .� Existing Dwelling BUr t S MPC._rAMBER A8 r 4 { \ ` Chkknnney 1 REMOVE EXIST. \ wall SEPTIC SYSTEM Dock "PaWTIAL. FuTUP�. Wood clothes Line A — 6.8' � / \ A3 \ A2 r ---- .- - - -- -- Resource Line \ / (as Flogged by ENSR 08/JAN/98) Flag Pole / Edge of v Z Phrogmites o V 3 \ � co U Salt Marsh o 0*0 0 Of H Of o�+! RICHARD�yGr aR. i PETER s LHEURM N . SUWVAK No.SQ42 Ct2ll� AfclsTta�� /STEM . FEMA Zone A10 Revised 4/,l 140o0o00 0 10 ?.0 alp 40 f f'T Elevation 11.0 NGVD 7/7l/,2400 - - Sullivan'En ineerin Inc. CapeSury sheet Tttle: PROPOSED SEPTIC IMPROVEMENTS Dw9 # C421pl PO Box 659 g 7 Parker Road 1 91 OCEAN DRIVE i SCoIoM t �20 Osterville, MA 02655 Osterville MA 02655 WEST HYANNISPORT j (_0W)428-3344 (5W)428-3115 fox (506)420-3994 (508)420-3995 for Date PSuIlPEOad eom eapeswvAtopecodnet 01/FEB/00- , F Proposed Landscaping 1. Historic mowing of high iarsh to cease. 13, 2. Two-foot wide low shruh 'tffer to be planted r _ on the landward edge c-f. i"w resource line. 3. Proposed lawn to be fe"uae. 4. Foundation plantings to be generic. ,r General Notes 1. All roof run off to be recharged via french drains or drywells. 2. Areaway below deck/porch to be set with crushed stone. _ 3. Catch basin with in roadway to be H-20 capacity. Footprint Comparsion _ Existing Proposed NET 3 Dwelling 1649 1644 -5 sf ! c ; Deck &Stairs 540 520 -20 sf / o . Rear Yard —Buffer 1169 1 1422 253 sf l CearaDrive , 9 - (40' Wide — Private Way) Y7 10 Stone Drive l l l s \ `15 —� \ \10 180.00' 1 ti... . S 85,27 0- E �� � �• =2�6 TBM EI=6.11 NGVD Lawn Top of CB/DH 1�- — — — -: Prop - A8 4 ---\-� Top of Foun osed Dwelling - i \ ` dation El. 12.2 NGVD , A6 \ I 6 ~ ,;lI _ Lawn Line iPil Al A4 A3 A2 Resource Line Flag as Flogged by ENSR 08/JAN/98) o Pole Edge of _._ _ 3 0o Phrogmites N A U Sol t Marsh 0 Q) ^ N) u) o � r7Fi315 17 '7t7/Z6CC) FEMA Zone A10 0 10 20 .30 40 FEET Elevation 11.0 NGVD _. r��e�u r1/ Sheet Title: Grading #C421p1 Sullivan Engineering, Inc. C Y Grading Plan PO Box 659 7 Parker Road Scale 0sterville,.MA 02655 Osterville MA 02655 91 Ocean Drive (508)428-3M44 (508)428-3115 fox (50B)420-3994 (508)420-3995 fax W.Hyannisport, Mass. Date . PSAPEDod.com copesurvOcapecod net 01IFEBIOO TE9 Design Flow Single Fanny VMtlr Supply ForThls Lot is Municipal Watac to New Exist House Sewer Total Bedrooms 3 Totel Flow L to New Septic Tank vent pe s�A 330 gpd L Lasatlan of Utiflt;a Shown on Tbts Plan Are Approx. L� 9A Septic Taft Q 200%daily flow a 660 9Pd At Least y2 Hours prior to Any E=mtion For Project The ControcWShall Make The Req k" T This Uss 1lf00 gallon tank Notiifieation to 019 Sate(1-800-322-413444 SE18addingas 500 - T • Lost"Area for Bed Design 3 The Contractor is Required to r8.4 Permits From Town Agendes For�CoratAru �bobTotal Area equals 330/0.74 446 sf Defined 4This pWRorate QlOOt34• _ To1a1 Area Provided 460 sf per obscvatioa We0 Leaching Bed Design 4 tnstoll Risers asRegairedto Vl ithin leaf Par Title 5 A0 pipes to be Schedule 40 PVC peAorated with capped ends• Finished Grade. i d A11 Structures Buried Four Feet or Man arSubje--t- DEVELOPED PROFILE OF PROPOSEa SEPTIC SYSTEM use a2inchpressurenurdold All Structures cturesulGt rome FewF eolaadin Not to Scale Dish+b��on tines to be in a 30 x 17 washed stone bed,geometry as shown. to a Septic System to fl tnsfalledln Aeeord0 ere With 3v CMR I5.00 Latest,Revislon And The Towner Bantslable Board of Health RogulatlanL 2 All Piping to be Sch40 PVC Finish Grade - if Compacted FlII�� PVC Pit aced * Poo Stone bric Double Waded Stone 25 ere Test Rewlts i 13' 43' 4.3• 25•_:J P - Sullivan Engineering Inc• by D.Mi=ncfi B of H Date March 8,2000 CROSS SECTION OF LEACHING BED TH-1 Not to Scale 0-12' Fa 12'48" O 3Sendrtaem 25YSr1: 18'-24' A - say Sand 7.M5M 24'-W B Sand 10YR" 32-120' C1 C01mm Sara 2SYW4 Variance Required 120-148' 2 Med•sand •2srar4 1. 310CMR15.211(1):Minimum Setback Distances from property line 0-12' Fig 10(ten)feet required 0 zero feet provided. 12=18' O s AF*ro'0m5SCer Finished ) p Sard/Losn 'LSY511 Grade 2. Town of Barnstable Part VIII:Onsite Sewage Disposal Regulations 18-,23• A sect,s� 7 5Y� , Section 1.00. The"100 Foot"Regulation-Distance from ponds to be 100 feet 23•-33• BSsd 10YRf3lB.�••`4'° 51 feet providedto the septic tank and 65 feet provided to the leach field. 33'-120• C1 Conduit Thru Chamber : e saW.:_25YB14 120-14r C2 Med s.,d 25Ye14 ' For Power 8 Float Galv. p Ground Water at Elevation Sa NGVD Val. Cables Chan Min 2'CoverPere Rate less than 2 min per tech Vol.Qs' Alpurnpon . Mercury Float s 2"0 Sch.40 PVC Class 1 Material Switchrs•3RegId Threaded Pipe I �Ind Surveyor to layout center line of Ocean Drive 0.82 and sideline of Third Ave. off . Check Valle Secure Pipeat Top a Bottom of chamber. �(Bottom ;fq 6«Washedvim •" • 'in-' t•t?►• tone Min. SECTION T Of PUMP CHAMBER DETAIL Not to Scale 3� Prepared B)r. CapeSury Prepared For. Title: North Seats Sheet Sullivan Engineering, Inc, fGIATRILLLS , PO Boor 659 7 Parker Road 91 OCEAN DRIVE DESIGN DETAILS Date OaterHlle. MA 02655 03fervllle MA 02655 W.HYANNISPORT MASS. (SM)42e--33" (a0e)428—J11a thr (sae)42Q—J1 (508)420-39W frost SULLIVAN ENGINEERING INC JULY 10,2000 �/� • �r P'9u1�Eaboleom eapau++0.ropeeodnet OSTERVILLE MASS Job - , �` Directions to Site: From HyanNs-Take Main Street to the West End Rotary and o _.take Scudder Avenue and follow to stop sign; Fake a right onto Smith Rd.which turns into Craigville Beach Road and follow to Third Ave.; Take a left onto Third,Ave. and • ,. follow to the end; The house is diagonally in front of you to the right4gi Ooean Drive, • 4d- 1 r► LOCUS PLAN .Scale= 1"= 2000� o Assessors Map 266 Parcel rete retaining wall to enclose system. 9 I 1 ino Top of wan elevation 10.2 a --F Waterproof waU as per 310 CMR15.255(2) ,de — Private Wa Dnv . / N. CT\YP) i \6 Lawn V r Wawa _ - \ 71 B 8 d 0D cones IBM EJ=6: j11 NGW / _ \ Entry 0 0 0 \ a - v To of CBIbH 10.1 1 Is- — —•A-i�:- �y Existing Owelling f(Atg,1 scvTlc TANKA- A8 4 \ ` I�- pUM P CHAM'BEFi ( , , G� L41 arkk ribi»ey �\ , REMOVE EXIST. MbU SEPTIC SYSTEtA -6 ' 1 \ Wood Deak Use \ �� pothee . � •� � , \ A� \ A3, / A2 . esource Line \ nag , (as Flagged by ENSR 08/JAN/98) - \0Pde / Edge of _.. • 3 A Phrogmites o` o U Salt Marsh :` A c c A ^ 'C')y en o 0 r Of KOF =o+� Rl RAW SUW� s u+EuaEux H No.34312 e N 1733 61VIL y es °fseslca _ FEMA Zone A10 Revised All 1n000 O 10 20 30 40 FEET Elevation 11.0 NGVD rt 2000 - •1hol.� Sheet Title Dwg # Sullivan Engineering, Inc.` Ca ' eSUry _ Alternate Grading C421p1 Pcean Po Box 659 Porker Rood PROPOSED SEPTIC IMPROVEMENTS scale, Osterville, MA 02655 Ostervi/le MA 02655 f =20 (5M)42e-M+4 (SW)428-MI5 rax (50)420-a994 (500420-3995 fcw 91 OCEAN DRIVE Date PSu�(PEOao�aem ogpewarOeopecodnet -- T_WESTJII N WORT 0l/fEB/00 .. ' I '• Directions to Site: From Hyannis-Take Main Street to the West End Rotary and o t ?' take Scudder Avenue and follow to stop sign; Take a right onto Smith Rd.which turns Q into Craigville Beach Road and follow to Third Ave.; Take a left onto Third Ave. and ,. follow to the end; The house is diagonally in front of you to the right,991 Ocean Drive. - w V ;s• O G ' r' -• W $fd G LOCUS PLAN Q� Scale: 1 2000' / / G Assessors Map 266 i - $L'PTIC FIELD 20 WIDLs X(23'T0331) � Parcel 3 ARP-Ax BY COMPul-ak =4,00 S F. 7r. H BEDROOM'= 440 - 0.74 a 595 SF I 1 © ' (40' Wide - Private W Drive ay) \ (1CrP) D-So>t � i Lawn 180.00' _ s 6 00'. \ can TBM E1=6.11 NGVD _ } [Top of CB H 10.1 VE N A7 �aa� 191 1ar7wsr) D.- • — — • — -E> �� Existing A8 rr`N'• 9 Dwelling Buy SCPTI c TAt�K 3 # ' 4 V?I P C14AMBrick BEF� f °. / l Chknney �� canc REMOVE EXIST. , \ ` J Wau / sEPTIc SYSTEM A6 , ' T - 6 1 woad ` Deck �. r5 \ Clothes TOP CL.9.4 \ Line I. 0 O \ \ 6.8• b r,^ act I60T EL.8.4 � \ A4 A3 e- i esource Line �, a OB9ERVeD SNR%af TIDE Flag i� (as Flagged by ENSR 08/JAN%98) C.�/CLE 5/30/00 �\0 Palo .- DEVF-LOPED PROFILE NOT TO.SCALE _.. ._.. ._... - Edge of t 3 Z Phrogmites o ! \ u {, • m � A , I U Salt Marsh - O o - o O 0/IA OF �+or, RICHARD ti PETER R. G= SUWVAtI 8 LHEUREUX No.34342 c C IL33 " �s °fslsT ° fl FEMA Zone A10 Revised4/11/2000 0 10 20 JO• 40 FEET G/12�2000 Elevation 11.0 NGVD ; Sheet Title: Dwg Sullivan Engineering, Inc. CapeSUry PROPOSED SEPTIC IMPROVEMENTS Sheet ! c421p1 �I PO Box 659 7 Parker Road Osterville. MA 02655 Osterville MA 02655 Sl OCEAN DRIVE ScaI���ZQ $, W.HYANNISPORT, MASS. (5M)42&-3344 (508)428-3115 fax (500420-3994 (SM)420-3995 fax Date PSOPEoad.cwn cgpasurvOcopecodnet ----- --- -- ---- -- 01/FEB/00 } �81_QII f I_Qr'. 91_ ° ° _Op m i . 4 O O .D O I I I o tltl ' a I � i y QO a 4 a1 ito I_ r OQ a O a � a j _ r — Nm 9'-ll" 0 � I m _ b 1-0r I 1_OII I-W sl-o° 1 0 0 0 . D NEW HOME AT � � a Z - OCEAN DRIVE ' -e S Dz CENTERVILLE, MA. DESIGNING& PLANNING o - o O ^' PO BOX 797 �pF4 {�7 8 °1. Flm NA t-r # Z.0 0 L{ — 3 ` 4 W. DENHI3�`MAy 0287�0 6- N�7� �l�iaG TEL SOB 780-2003 u a i iE 28'-0' 3 t' i p - .. L B Z ❑i Ld A x f - to O O a M _ T € m m o, n z DO m - X P LLS 2 z 0 mWB Daniels z Z z OCEAN DRIVE o W o CENTERVILLE, MA. DESIGNING & PLANNING N N � N PO BOX 737 a FE R M t T z 00 q 31. 14 B. DENNIS, MA 02670 TEL 508 760-2003 t3N11i� r,vr , °Cy I v�nrv��L N3 ONINE)iS � i OA j i r: r 1 ,1 St. .. • .. l± ,••• Proposed I; ndscaping • °i1p •• , " Directions to Site: From Hyannis-Take Main Street to the West End Rotary and 1. HistoricI mowing of high marsh to cease. . Directions to Site: From Hyannis-Take Main Street to the West Ert+l Rotary and , � ,t., � 4r 1• _':• w +�" o - n; Take a right onto Smith Rd.which turns • -take Scudder Avenue and follow to!, si •_:. •" take Scudder Avenue and follow to stop sign; Take a right onto.Smftf,Rd.which turns • •••:• g 2. Two-foot wide low shrub buffer to be planted " . •. ,:s M _ • , •• into Craigville Beach Road and follow t0 Third Ave.; Take a left onto Third Ave. and on the lnndward edge of the resource line. " into Craigville Beach Road and follow to Third Ave.; Take a left onto`';'hird Ave:and "• y you to the ri ht-#91 Ocean Drive. " follow to the end The house is diagonally in front of g 3. Proposid lawn to be fescue. ' W M follow to the end; The house is diagonally in front of you to the right-It 11 Ocean Drive. ;. • - iY :. • , •_ ' o - - ti Note On Reserve Area [� 4. Foundation plantings to be generic. ' s,.• ~ .�1 ~' .. - . 4b This design is for the repair/upgrade of the existing septic General Notes stem rincipal system).Therefore this repair/upgrade is , f system(p 1. All roo run off to be recharged via french drains or drywells. 0 � h �•- �8 Placed in the reserve area.There is no requirement in " 2. Areaway below deck/porch to be set with crushed atone. ` ` , 4J - _ Title 5 to show a reserve area for a reserve arm.In the event 3. Catch basin with in roadway to be H-20 capacity. - _ -•• - o of failure to this repair/upgraded se tic s stein,all faiied components will be removed and replaced within this reserve area footprint.Any soil epP Y e.l d io � �, .w. ,�. - required to be removed due to hydraulic failure will be replaced with ,. . - clean compatible material in compliance with the requirements of Title.5. Footprint COmparslon i -- — ----- - _ Existing Proposed NET L LOCUS PLAN LOCUS PLAN , I ; ! Scale: I '= 2000' � !/ Dwellin4 1649 1644 -5 sfScale I"= 2000 ' ^ I Deck 1 ! I ! i c 11 3 !f ! .� 1 Zoning District:RB I I •; 8 Stair., 540 520 -20 sf Zoning District:RB r State defined Coastal Bank o IO 1 Setbacks 20/10/10 0 3 Rear Yap' o- I Setbacks 20/10/10 ! I ,.� • 3 Groundwater Zone AP Town defined bank does not exist on site 9 �� a ` ? \1 ❑ _ � l \ Buffer ' 1169 1422 253 sf 1 �------awW-- j Groundwater Zone ne AP Assessors 66 e' O — Coastal Bank is non-eroding _ Ma 2 Parce1003 a >a• Assessors Ma 266 Parcel 003 I i © __—OH g , j Replant existing vegetation&recreate existing drainage berm. / _ P a ` I / t ) / e�► 1 This activi was done without a valid order of conditions I ` N \ 0 _ �a col? LA Z � � / �., � \ /) p tive�_. an Dr YA L ti (40' Wide - Drive / 1 ('gyp ode - • ive � . t,EvAN1 PrivateWoy)1 Pr/vats Wa , 1,�� 1,0 0G (40' Wide - Privofe W / y) / ><� ! 9 Stone Drive Olt \ \ •,rwr tin -15 --' t _ \ Lawn \''',.. ` TM'� / —15 —/ Lawn . . ` ', - —•15-� .� 0 \ ,`'\ ` - s' 7 \ _ \18000, 1 s 11 -_.�_�� 6 \ ass. \ ,� / ) =20 0 moo, 180.00' � S 85' 7 00" E / ./ 1' � _ 6 00,. _ _ _ � p ! Cana / try o 0 0 0 TBM El 6.11 NGW Ji••'C Lawn i / \ Entry TBM E/=6.11 NGVD TBM fa=6.11 NGVD To of CB H � T - - �� �a VeNT\� Top '�f CB/DH rl� Top of CB H 10.1� — -9— Stone MSL . _. _ A� ���a£x s , r 1 �� s � — A� wall as a landscape feature i f( ,191 FF�1Q 1( ) d- — — trig Dwel/ing ewcc — — • ¢PTIC;•ANK�' � � 1 �- I punt P C I4AMSER A8 A7 10.1� 4 �. Top o ed Dwelling o wall Existing foundaU p•- — — • — g Dwelling Sur A8 4 -.-�� �Dy % �- � 5. A8 ¢ ._. \ Brick J' { f ,�� Chrh ey �� ' REMOVE EXIST. Itetaltlu Wall Fl. 12.2 NGVD JQj Conc /Qj \ \ SEPTIC SYSTEtvI Chknne \ \ y Wag j.--, 8 7 "a� A 7 6? -- kA _ rr.n-ofrto 1 rechaiged vest ' A6 A6edge, _ o the do \ \ . 3_ 11 I l ..- French drains along P •- 6 *1 6 wood Woad '; �.-- �•. �. Deck � \ III. I , • Deck 5 , I pothsa \ \ Clothes - w j \ Clothes \ oil ` 111 Line fs �x wa Line \ ,p _ Line , ]r A 0) 3 Pf` % \ eQ� 2 A2 \ / A2 -- -_ 01 Resource Line _ i - -- -- resource Line spy Resource Line � s (as Flogged by ENSR 0 JAN/98) Fly as Flogged by ENSR 08/JAN/98) (as Flogged by ENSR 08/JAN/98) �; c, t, ::' flag \ / S� ?1 \ flog \ S �S �.. :. �� Pde �.j�0 'b0� / 0 Pde O f 9 ° Pde \ / /li� �. O� \ / Os \ Edge of Saltmarsh Fla Edge of Salt Marsh Flagged by Edge of Salt Marsh Flagged by r= — / .� 3 ENSR 13/APR/00 nagged by 3 �c;., �P/ -� ENSR 13/APR/00 Ede of a _... g _ -•.• / ENSR 13/APR/00 Edge of — yighWrack _�!�—� Edge of -- "�High W r 7 31/00 02— � '•'�0, ^ 3 2 Phragmites iris-07/31/00 O� U �\H igh Wrack �0 = Phrogmites Line 0 / d �pIRS= Phragmites 7 31/00 i \ �0 3 Line-0 / u' U �r �o m P r\ U Salt Marsh �- U Salt Marsh .r v ,Il o I ^ v Salt Marsh --{ o 40 oCn o ° N co --2 I En %- \ ke Of Of I �• Of RICH _— — 2 — — —— � — `. �. R. \` PETER i 3 LFiEUREUX H 1 0 — — - c. _ — —— t- / 1 _ I 3 LHEURIeUX H \. — I' I PITCH �-..:-- No.34312 ! 0_DITCH(TIDAL 7 i 1 / DITCH SUWVAN - =r / _ _.Q No a — NO.29733 �' •� 0 N0.�g733 rn '�s �f6►STEa�� �`� I (TIDA, CIVIL " "as �fG1STEa (TIDAL) CIViL .q. Ivy F�rti°.: g Zoning District: RB sst`0ir ' oo Setbacks 20/10/10 i I I I i' '�,S'�/ , G'• 30/!� oo ' 1 O ,./ 1 1 1',� 1� ► 1 o►� A 10 ��/ ` Groundwater Zone AP 1 1 Assessors Map 266 Parcel 003 1 Iced 4/�1/�000 \ 1 0 . 10 20 30 40 FEET � -I_ /l II O 10 20 30 40 FEET FEMA Zone A10 \ _Revtsed 4/11/2000 0 10 20 .30 40 FEET FEMA Zone A10 , l2 2000 FEMA Zone A10 �� I 1 v 71712 Elevation 11.0 NGVD 7/71-2 Elevation 11.0 NGVD Elevadon 11.0 NGVD Sheet Title Sheet Title: Sheet Title: °"'9 IC421pl Sullivan En ineerin Inc. Ca eSury 9 c421p1 Sullivan Engineering, Ini:. p °"' # CapeSunr s Grading Plan °w9C421p1 • Ca eSUN Existing Conditions Plan g g _ PROPOSED SITE IMPROVEMENTS Sullivan Engineering, Inc. I Scale - PO Box 659 Scale PO Box 659 7 Parker Road 7 Parker Rood 91 Ocean Drive Scale PO Box 659 7 Parker Road 91 `OCeajl l)r1Ve f"-20' Osterville, MA 02655 Osterville MA 02655 91 OCEAN DRIVE 1`-20' Osterville, MA 02655 Osterville MA 02655 1"=20' Osterville, MA 02655 Osterville MA 02655 (508)420-3994 5W)420-3995 fox Soe420-3994 (50e)420-3995 fax W.Hyannisport, Mass• Date (508)42B-3J44 (508)42B-3115 fax rrOeapecodnet W HYANNISPORT,1� ASS• °aiCh / (508)428-3344 (508)428-31JS fax (508)420-3994 (508)420-3995 fax �,Hyannisport, Mass. Date (508)428-3344 (508)428-3115 fax ( ) 01IFEBIOO PsullPEOad.eom `ap 01,'EB 00 PSuIIPEObd.com capesurvAcopecodnet - 01�fEB�00 PSOPEOool com copesurvacopecodnet -_- _ Add Work Limit I&Feats Date:July 26,2001 { �, Add Work Limit&Fence Date:July 26,2001 Add Wort[Limit&Fence Date:July 26,2001 SHEET 2 of 3HEET 3 of 3 Comments from;hEP&Attorney Kilroy Date:Aug 11,Z000 Comments from DEP&Attorne Kilroy Date:AugAu011,2000 f Comments from Dl1'i.P h Attorne lil►iilro Date:Aug11,2000 SHEET I of 3 I Revillum ' ' Revised parking a out&grading Date:July 31,2000 Revised layout& ra ' Date:July 31,2000 ;: _.._ _._.____.__.___.___ ._. -_ . .__ __ _.._- � V opt .1dy 31,2N0 -- REvtSton ___... -------- _ _ _.----... -- __ -. I tl 2-g ��F gLC�P Try (�S 9 �0 •.• " "' " �•I • V Inspection Schedule ate= , ., • ,;�: J 24 hour minimum notice required phone 509-428.3344 1. Soil removal to be inspected when excavation completed for each field. •. •..; 2. Replacement dean and to be verified at time of bed installation. "'` �'"• 3. Engineer to inspect shop drilled orifices to ensure size and burr r•emovaL .�" a$ 3�'• +zotn / Q 4. Engineer to inspect pump installation,float levels&alarm. r •:�•• !�„rs •'•n '� it a ,. . +• V v •a OCEAN DR/VE - OCEAN DRIVE 20.5' O N ' 3CL pc . �! " PROP03et0 / „ �G- •'erne -s+, /'"' c 5-t'eiv Finished 1 92 5-O 2`-9" oRty ewP.% �--1�- A (Typ) O ' oCompacted Fitlu , •`:{. 1� } � b ` Fill Fabric t5` ._, - t-t�tnov A••n-�- 0.75 • Y••' (�� s P�+.vE c a►��vc-w,e�y �.. >_ Orifice(Typ.) � Shiteld -•$�- Peastone l.=20.7 '. 3/4"-11/2%ouble �� yy 5I 9 sto 'D! / washed Stone A -vEtsT tT Shin9 3.0` 4-4"(Typ.) Manifold y .• `� SECTION A-A yR) Cohn Hya Nat taSeale hs LOCUS PLAN t=Roosat� t000 c a.� TABLE OF DIMENSIONS ` F�+trtP CHAMt�eR DESCRIPTION VARIABLE QUANITY UNiT R! 4.25' tt t �y FORCE MAIN DIA. OF 2 IN. 9$' Lateral Scale:I =2000 Q7 1 w/F Dwc-a�ituG- DC�ootn 1 P1aoPog7-A 1�co G-,A� 1.5 Assessors Map 266 Si:PTt G TAtV K MANIFOLD DIA. Dw 2 IN. , 1 TOP. Ot= FOutADA n O to t2,2 1 LATERAL DIA. DL 1 l/4 IN. i( Parcel 003 #OF LATERALS N 4 EA. ORIFICES PER LATERAL n tr VARIES EA. Groundwater overlay District . ORIFICE TYP.SPACING S 60. IN. 2' its 1.0 ~\ AP, ORIFICE DIA. Do 5/16 IN. lQ Isr M qg BEGIN OFFSET A It VARIES IN. I DESIGN DATA END OFFSET B aVARIES IN. _ *See Pion 10.95` ( No GorbagaGri Grinder Force Daily Float 3 x 110gal.=330 gpd �\ olLvt,Ace store ( Main SepticTank'330gpdx200%=660 stop-oN �'1 Use a 1500 Gal ton Septic Tank SHIELD PRESSURE DOSED FIELD vent LEACHING AREA \� ' - ORIFICE SPIM OS200 330 gpd/0.74 =446s.t Required A5 � 'Pql 1 1 4°scM-ao PVC ur:�1 0a�sYstEus iNc Scale:3/I6�t= i -O�r Use Bottom Areo Only.450 s f Provided. ` OREOUAL LaScran Cast Iron LA0910 Finished Grads Washed Stone Field to be Pressure Dosed. H-20 Vaive Boxto Grade at Fema,t Adapter& l Resource Line as Flogged ` Each end Threaded Plug i byENSR 1/8/9$ �- -- A3 -i- -- - _VA r,.>..■.k� „ to NOTES i s,l1d's aoLe(�5=d"o.c ,,;,t g • Poured Conc.ease Of 12 O'CLOCK P.O$(nON Its"-t/2' Filter �y sF •;iP L5 Ca Ft.x 1. Water Supply For This Lot is Municipal Water.UV=OP 0141U us) Pea stone Fabric M10 errant I,ow 2 Location of utilities Shown on This Plan Are Approx. WOULD BE•sNoP WALED WrfH NOTE*ORIFICE SHELDs PA&W PEA5TONE es JQ A CHU PRESS TO 04ME WMHED STONE FROM P,.UGCreiC ORttTCf '"`- - "' At Least 72 Hours Prior to Any Excavation For This i• ttwFORum. RENWVE BURRS Orflee shield 11/4 0 Lateroi 11/2"0 Sch.4o PJc 90o Project The Contractor Shall Make The Required SM06 PRIOR To PuclNc ItlPE Notification to DIG SAFE-1-888-344-79233. (MINI 70luspt:Cr) ORIFICE SHIELD DETAIL tEieaconduitsxeep ° a"P Sch.40 PVC Vent. 3.The Contractor is Required to Secure Appropridte 2'0 Sch.40 PVC 3!4'-If/2 Double SMO/ SM05 Not to Scale Manifold woehed stone gencies For Construction SM04 � Permits From Town A Defined byThis Plan. SM02 SECT10 N VIEW A Install Risers as Required to within 6""of Finished SMO Grade. - --. 30 ( ( S.Ail Structures Buried Three Feet(3�)or More or ' 4"0$Ch.40 Peforatiom Subject to Vehicular to be H-20 Loading. Edge of Salt Marsh as 11/4'"0 Sch.4o Dow a:ant as shown. 6-Septic System to be installed in Accordance With Flagged by ENSR 4/13/00 PVC Lateral(Typ.) fr: 310 CMR 15.00 Latest Revision And The Town of 25 i Cast Iron cover Barnstable Board of Health Regulations. LAN VIEW Over Flashing P 5'-o"o.C. �w Connection. I-All Piping tote Sch.40 PVC. F' " S.Depth f Inlet t o et Tee Below Ft 'n s Flow t Scale n Ire=20e 20 P Line .I Min. Depth of Outlet lee Below Flow Linet•14!'Min. 0 Leoehing � With Gas Baffle. so i Field 9.Septic System to be Inspected by Design Engineer in 0 15 Accordance WithThe Schedule Provided d Will Provide _,____. _. .._ . ,_:: ,. W.ittenGertificatlontoTheBoardofHeatthonS stem Pump Power&FlootControJ 1sroK '_" a� ortice v ,• Compliance. Cables Installed in Accordance Precost Pump m - o �' 1 cant Base Y With Local Bldg.a Elec.Codes Chamber x j tT laid I P ' .•. 10.A11 Monhote Frames>3 Covers to be Set at Grade to a to be H-20 Loading. L. i .A Pero Test Results 1/2""O Goiv.PipeFor 2'e Sch.40 PVC to 5 -- P•9881 Sullivan E Float Support ! Dosing Field n8 Pitch Forca.Main& by ngineeri Inc, For Sch.n PVC 'Witnessed by D.-Mlorandl B of H �1 MannoldBockto Force Main 'v' 41"O Seh.40 PVC \ Dosing Chamber From SepticTank - Pour I cubic Ft.Min. Date March 6,2000 0 300oPSr Conc. PLAN ViEW 24"0 Opening Above O 10 20 30 40 50 Go 70 6o 90 too Thrust Slack. TH-1 8_2 For M.H.Frame$ .0.12" Fill :^o Cover FLOW(GPM) PIPING DETAILS 12411" O ssanttrioamm 25Y5it PUMP CURVE 'Not to Scale 18-24" A Silly Sand 7.SYRSIIS PLAN 24=32" B sand 10YR" 32-120' C1 Coarse sand 25Y8/4' 4""0$ch.40 PVC Finished 120-148" C2 Met Sand •25YW4 From SepticTank Grade DOSING CHAMBER VOLUME T.O.Found.12.2 „ ,".a• ._ 1.DOSES PER DAY: 4 (Typ.) Vent 0-12" 7Fill :�; „�,• .,.,� See Note 4(T F.G.I O A 2.AVERAGE DAILY FLOW: 33o GPD F.G.11.2 " Gary. l'oa E1.9.4 12 16 O SSandfLoam 2.SY611 ConduitThru Chamber Choirs •x 3.MIN.VOLUME PER DOSE: 82.5 GPD " "" t .4 16-23" A $*$and 7.6YR6m For Power 9Float `�" "ti��'''" Emergency Storage Cables e, 4.DESIGN VOLUME PER DOSE: t35 GAL. 23=33" $ Sand 10YRBM Volume 330 Gals. in .8.55 , o Dosing F_____C 5.EMERGENGYSTORAGE: 330 GAL. H•20 H-20 8.9 33-120" C1 Coarse Sand 25YON Alarm on 7 6.USE CAPACITY: t000 GAL. 1500Gaifon IOOOGai. 2"0 Pressure 120"-148" C2 Med.Salw 2SY614 Mercury Float -Weep 9:0 Groundwater fa E1.3.4 Per Pump on 6.83 Switchs 3 Rega SepticTank Chamber Piping Observation Well Ground Water at Elevation 2.0 NGVD Pent Rate Less than 2 min per inch Check Valve "''' :'''''''''` ""'» Class Material Pumpoff 6..33 If Encounted Remove Replace All Secure.PipeotTop&. Gate Valve Bedding as Per Unsuitable Soils Within 5 Ft.of The Bottom of Chamber, Title 5 Outer Perimeter of The System. Bottom Elev. 4.55 •a, 6•"washed Stone Min. -l- DEVELOPED PROFILE OF PROPOSED SEPTIC SYSTEM SECTION 1 Not to Scale 1000 GALLON SEPTIC TANK (H-20) Pump tobe Myers Model SRM4 PUMP CHAMBER DETAIL or Approved Equal. Not to Scaler'\� j � 4(1CLi�aA Note On Reserve Area This design is for the repairtupgrade of the existing septic°t#61, re this sirlu is F system(principal system).Therefo rep pgrade being placed in the reserve area.There is no requirement in Title 5 to show a reserve area for reserve area.In the event of failure to this repair/upgraded septic system,all failed components will be removed and replaced within this reserve area footprint.Any soil required to be removed due to hydraulic Owe will be replaced with clean compatible material in compliance with the requirements of Title 5. PERMIT N0. 2004-364 i '.. Variances Required SITE PLAN i. 310ClvIIti5.21I(1):Minimum Setback Distances from property line 10 feet required 0(zero)feet provided,coastal bank:50 feet requited PROPOSED SEPTIC SYSTEM whereas the system is located completely within a State defined non-eroding bank' 2. Town of Barnstable Part VOI:Onsite sewage Disposal Regulations ST E PH EN G I AT R E L I S Section 1.00. The"I00 Foot"Regulation.Distance from ponds and watercourses to be 100 feet:51' provided to the septic tank and 65'to the leach field,85'to a salt marsh, 91 OCEAN DRIVE (for the alternate grading plan 64'and 84'respectfiilly).The system is located within a State defined non- eroding coastal bank. WEST H YA N N I'S PORT , MASS. Registered Land Surveyor to stake the centerline of Ocean Drive and the sideline of Third Ave.prior to SCALE:"SULLIVAN L SHOWN D AT E I G INC.I,2 0 0 6 installation of system. SULLIVAN ENGINEERING NC . OSTE RVI L LE,MASS. _ __ R - _r r Inspection Schedule •�_ ' • 't_ ,•: �U", e .`:, J 24 hour minimum notice required phone 50&4283344 ' v ' Z 1. Soil removal to be inspected when excavation completed for each field. ` 2. Replacement clean sand to be verified at time of bed installation. � ''�• is �''• ' �•'Roao Q 3. Engineer to inspect shop drilled orifices to ensure size and burr removal. .•t �- - 4. Engineer to inspect pump installation,float levels&alarm. .. �'r:• ,• '�� •:•u o OCEAN DRIVE i'�_ • v OCEAN DRIVE J r - 20.5' �.,� >< p e ����• r _ 11 Finished Grade 1.92 5-0 DRtvEwA•V� ! Q (TYp) 121-92' �� ° p 1 r` ,•. y o �� �--•Compacted Filter a o { flu Fobrk 6+ 0.75' - - PAVF.-P Dri�VG�NA"! r � _ f ° Orifice(Typ:) T ti.�`�• p Orifice c P aStone ' 2 Shield -�- L=20.7 �l ylt Lateral R=40.2 � 3ashed Slone rn 4h / washed stone A 2.5 e z ✓i'a�, - IL vEN-r (py Shen 3.0 4-4 (Typ.) Manifold > v Hya ' - SECTION A-A nn . . �_. Not IoScole - ect�On3 � - i �'Rot'cass ca 1000 cxAt. , TABLE OF DIMENSIONS LOCUS PLAN ��� �• Jn �" /� PLt•MP CHAMt3ER DESCRIPTION VARIABLE QUANITY UNIT �/ 4.25' Scale: u f �y FORCE MAIN DIA. DF 2 `IN. 9$' Lateral SCale t ( -2000 PR F D-vc t3,rc�t�oo1V1 PRoP'a�rok t3oo Cst4t- Assessors Ma 266 1 w/F' i�w�.1...L.ING- SEPTtc TAtV K MANIFOLD DIA. OM 2 -, IN. l.5' p A7 I Toil. OF" FOUTtt�ATlotd 12_,2 � LATERAL DIA. DL 11/4 IN. 5 Parcel003 #OF LATERALS N 4 EA. Groundwater OVerla)I DIStrICt \ ORIFICES PER LATERAL n VARIES EA. ORIFICE TYP.SPACING S 60. IN. ' ` AP ORIFICE DIA. Do 5/16 IN. 10�$r 2=9" I.0 Q6 BEGIN OFFSET A *VARIES IN. END OFFSET 8 *'VARIES IN. I DESIGN DATA \ 1F5ee Plan 10.95' SinI Force No GarbageGri Grinder -- _ Daily Flow: 3 x 110ga1.2 330 gpd DttvtucE scars ( Ma in Septic Tank: 330gpdx200%=660 sNA-oN ar Use a 1500 Gallon Septic Tank Vent LEACHING AREA PRESSURE DOSED FIELD (� ORIFICE SHIELD OS200 330 gpol0.T4 =446s.f.Required �^ Ul NAl I I/4""SCH-So PVC LITERAL OREYCO SYSTEMS INC $Cole 3/16�t= I I--0�� Use Bottom Area Only.450s.f Provided. A5 �� OR EQUAL Finished Grade Washed Stone Field to be Pressure Dosed. Loac�\ 11 M-20 Valve Cast Iron rage 10 at Female A Resource Line as Flogged i 1 E chEnd eeoxtosradear dPlugra by ENSR 1/8/98 - -- A3 -T' - ---- `��� threaded Plug Y/.-f/Ay,//isN y, NOTES 1 5/.I1 0 HOLEna 5 ITION .;(,w Poured Conc.Bose 12 o'CtocK POSITION I/8'=I/2" Filter .•,:; �::; LaCU.Fts 1. Water Supply For This lot is Municipal Water. LOP OF tATERAtS Peo Stone Fabrle Sl event I low 2.Location of Utilities Shown on This Plan Are Approx. T 0 MEIFA SHOULD.BE'SHOP DRILLED WITH NOTE: ORIF= SHIELDS PREVENT PEASrONE do A ORILL PRESS To ENSURE WASHED STONE FROM PLU=NC ORIFICE •.. •... .•.-•• At Least 72 Hours Prior to Any Excavation For This UNIFORLM. REMOW BURRS Orfice Shield I t/a"0 Lateral Project The Contractor Shall Make The Required SM06 PRIOR To PtAOMC PIPE 11/2"0 Sch.40 PVC 900Notification t0 DIG SAFE-1-888-344-7233. (ENCINEER70INSPECT) ORIFICE SHIELD DETAIL Elee.ConduitSweep 2'D Sch.a0 PVC 3/4"-11/2"Double 4"*O Sch.40 PVC Vent. 3.The Contractor is Required to Secure Appropriate SM05 Not to Scale Manifold Washed Stone QSMO! $M04 i Permits From Town Agencies For Construction Defined by This Plan. -�'�- SECTION VIEW 4.InstallRisersasRequired to Within 6�"of Finished SM02 SMO /, Grade. -- 30 ( ( 4"0Sch.40Peforations SSubjecttoVehicculartobeH P-0Loading More or Edge of Salt Marsh as Cown':znt as shown. 6-Septic System to be Installed in Accordance With II/4"�Sch.40 Flogged by EN SR 4/13/00 PVC Lateral(Typ.) *1,. 310 CMR 15.00 Latest Revision And The Town of 25Cast Iron cover Barnstable Board of Health Regulations. Over Flushing Connection. 7. All Piping to be Sch.40 PVC. PLAN VIEt111 I 8.Depth of Inlet Tee Below Flow Line* 10'Min. Scale: I "-20 20 > "� Depth of Outlet Tee Below Flow Line:•l4"'Min. a I Leaching i With Gas Baffle. 0 co ( Field l - 9.Septic System tobeinspected by Design Engineerin y .. __ __ _. o ;. _ it ACCOrt7agC21 i;hTheSchedule=rvvided awill Provide trot0 15 N- Written Certification toThe Board of Health on System Pump Power&Fin Accordance c orlon Precast Pump w I3 rDH m o I I ? I eonc.8ase Compliance. Cables Installed a Elec. .Code N� once With Local Bldg.&Elec.Codes _ ( si iel� I „•' •., 0 10.All Manhole Frames a Covers to be Set at Grade s 4� 10 M a to be H-20 Loading. d ., Pero Test Results 1/2 0GoIv.PipeFor ,� 20Sch.40PVCto 5 1 "- -�- ;n Float Support / Dosing Field Pitch Force main a P-ti881 by Sullivan Engineering Inc. I Manifold Back to 2"a sch.ao Pvc Witnessed by D.Miotandi S of H Q _ Force Main "v 40 Seh.40 PVC \ - • Dosing Chamber Date March 6,2000 Pour 1 Ps r c nc*. . TH4 From SepticTonk � 0 3000asrconc. PLAN VIEW 24"0 Opening Above 0 10 20 30 40 50 60 70 60 90 100 Thrust Block. 0-12" Fig 8"-2 For M.H.Frame 8k {� o Cover FLOW(GPM) 12"-18 0 SsandlLoom 2.SYS/f �:; PIPING DETAILS PUMP CURVE Not to Scale 18"-24" A Silly Sand 10YR � 24=32" B sand 10YR8 PLAN 3r-120" C1 Coarse sand 2.5M4 410 sch.40 PVC . Finished DOSING CHAMBER VOLUME 120"-14V' C2 Mod.sand •2sY614 From SepticTonk Grade T.O.Found. Vent 0-12" TFill2 ,R f• I;..¢. l;.• . 1.DOSES PER DAY: 4 - � See Note 4(Typ,). :.1 2.AVERAGE DAILY FLOW: 330 GPD F,G.11.2 F.G.10.4 " Galy. 1'0o E1.9.4 12-16 0 SSand/Loam 2.SYSN Conduit Thru Chamber Choin 3.MIN.VOLUME PER DOSE: 82.5 GPD , };.;,.;-;;,;,.;;,•;r 16-23" A Silly Sand 7.SYRftM For Power 9 Float Emergency Storage Cables 4.DESIGN VOLUME PER DOSE: 135 GAL. - 23-33" B Sand 10YR&8 Volume 330 Gols. 2'0 Sch.40 PVC 5.EMERGENCYSTORAGE: 330 GAL. 8.9 Inv.8.55 to Dosing Field. '2 H-20 H-20 33"-120" C1 CowuSuld 2.5Y614 Alarm on 7 6,USE CAPACITY: 1000 GAL. 120"-148" C2 Med.Sand 2.5Y84 1500Gallon 1000GaI. 2 0Pressure 9.0 Groundwater Cal El.3.4 Per Pump on 6.83 Mercury Float Weep Hole SepticTonk Pump Piping Ground Water at Elevation 2.0 NGVD SwitChs 3 Req'd Chamber Observation Well Perc Rate teas than 2 min per Inch Pumpoff 6..33 Check Valve :,.:.,:..•...:::•. •..r:.••::•.•.. Claw Material Secure Pipe at Top a Gate Valve If Encounted Remove a Replace All Bottom of Chamber ;• Bedding as Per Unsuitable Soils Within 5 Ft.of The Bottom Elev. 4.55 a 6"Washed Title 5 Outer Perimeter of The System. A b •'•... .°:: �Stone Min. -1� DEVELOPED PROFILE OF PROPOSED SEPTIC SYSTEM SECTION i Not to Scale 1000 GALLON SEPTIC TANK (H-20) Pump to be Myers Model SRM4 PUMP CHAMBER DETAIL or Approved Equal. Not to scale ��� dF@��� t+ rt s.29 Note On Reserve Area This design is for the repairlupgrade ofthe existing septic stem(principal stem Therefore this airtu a is �� system(P• P. sY )• rep • pgtad being placed in the reserve area.There is no requirement in Title 5 to show a reserve area for a reserve area In the event of failure to this reparlupgraded septic system,all failed components r• will be removed and replaced within this reserve area footprint.Any soil required to be removed due to hydraulic failure will be replaced with clean compatible material in compliance with the requirements of Title 5. PERMIT N0. 2004-364 Variances Required 1. 310CMR15.211(1);Minimum Setback Distances from property , SITE PLAN 10 feet required 0(zero)feet provided,coastal bank:50 feet required PROPOSED SEPTIC SYSTEM whereas the system is located completely within a State defined non-eroding bank' 2. Town of Barnstable Part VM:Onsite Sewage Disposal Regulations ST E PH EN G I AT R E L I S Section 1.00. The"100 Foot"Regulation.Distance from ponds and watercourses to be 100 feet:51' provided to the septic tank and 65'to the leach field,85'to a salt marsh, 91 OCEAN DRIVE (for the alternate grading plan 64'and 84'respectfully).The system is located within a State defined non- WEST H YA N N I"SPORT MASS. eroding Coastal bank. t Registered Land Surveyor to stake the centerline of Ocean Drive and the sideline of Third Ave.prior to SCALE: AS SHOWN D AT E: FEB. 21 t 2 0 0 6 'SULLIVAN ENGINEERING INC. installation of system. OSTERVILLE t MASS. • y f I } I 1 I I j - 1 ' i • . , •. Directions to Site: From Hyannis-Take Main Street to the West End Rotary and • 4 takeSc udder Avenue and follow to stop sign; TWO a right onto Smith Rd.which turns • • . Into Craigville Beach Road and follow to Third Ave.; Take a bft onto Third Ave.and 104ow to the end; The house is diagonally in from;of you to the rift-091 ooean Drive. • o _ s ,• _ : ; •' . Note On Reserve Area • . -• This design is for the repair/upgrade of the existing septic - system(principal system):Therefore this repair/upgrade is o � �• being placed in the reserve area.There is no requirement in l Title 5 to show a reserve area for a reserve area. In the event • •l • v �-• •'• _ of failure to this repair/upgraded septic system,all failed corponents .. -•, •• tl � a will be removed and replaced within this reserve area footprint.Any soil red to be removed due to hydraulic failure will be re lalzd with ttsgtii by P clean atible material in compliance with the uiremen^s of Title 5. comp p rcq _.____ LOCUS PLAN W_,.. , _ MTES CUTOFF WALL ALTERNATE / _:- Onion Flow Singh Family L VWhrSuppy FbrThts Lot is Municipal Wotec 'Yd-� L Location of U%Ilt;n Shown oa This Pkm�A root 8C0l!: I.•rz ZDOQs � /•" o Prop. Total Bedrooms 3 Total Flow (nopAndw) 330 gpd pp State defined Coastal Bank ' / 11111;K ) Exist. 10•I C�Exdstuse Sewer FG=10.2 At Least•72 Hours Prior to An Excavation ForThis Town defined bank does not exist on site I � toiew Septic Tank Vet Pro ed The ControctorSholl Make The Required I Septic Tank �20096 daily flow= 660 gpd q r Zoning District: RB -� Use 1500gallon tank • Notification ro Dig Safe(1.800-322-4844) Set Coastal Bank is non-eroding ' o �L _�� 9.4 l &The Contractor is Required to Secure Appropriate _ backs 20/10/10 $ 1' - Permits From Town Agencies For Caatruer oa •r a_.•`"_.!`' to O' i 1500 Gallon Pump .' Leaching Area for Bed Design Defined byThis Plak Groundwater s.4 Zone AP Proposed 120 If of concrete cut off wall 9 / \ SegicTank Chamber S foal area equals 301 0.74 44681 Total Area provided 453 e< ►Install Risen as Rsq*W ro Within leaf Assessors Map 266 Parcel 003 to enclose system I 1 , ' _. Finished Grade. .._ ,�Q. � water prooftanb . .. 3.4• Leeching Bed Design T of wall elevation 10.2 Bedding a• aP ' `� � 1 " -•. �r / - 8 uip par B�An structures ea�led Few Feet or tor.a►Sub set' I al pipes to be Schedule 40 PVC perfanted with capped ends: l Waterproof wall as per 310CMR15.255 I l \ \ \ Per Title 5 Use a 2 Inch mardtold M Vehicular Traffic robe H-20 Loading. I .. :„,.� ' pressure - , I / \ Cisiurbutlan lines to be In a 30 x 17 weel done bled,peon stry es shbwr► IL Se to DEVELOPED PROFILE OF PROPOSED'SEPTIC SYSTEM : 3t� MRismrobetastoliedinarwrdona wHt, C .00 Latest,Rsvision And The Town d Not to Scan Barnstable Board of Health Regulations. / / , 7 All Piping to be Sah40 PVC teaDrive : ('b' Wide - 1 \ Note On Reserve Area . Private Way) �I�', a This design is for the repair/upgrade of the existing septic L ` �eWAs stem(principal stem .Therefore this repaidumade is < 2•s� \ pwe 4 s3 s F t Rabh Greae being placed in the reserve area.There is no requirement m .� MAtu titrol-Q i �r compacted Fill _� Filter - pklp�y Title 5 to show a reserve area for a reserve area.In the event Fabric Pvc Pia of failure to this r pgr septic system components� �P i / � repair/upgraded acted tic stem,all failed vents ` lPe�o stow will be removed and replaced within this reserve area footprint. Any sail s Lawn required to be removed due to hydraulic failure will be replaced with _ -• _ Doublewashed clean coin atible material in compliance with the nx�uirements of Title 5. Pert lest Results 180 \ _. Stone P P P-ti881 Sullivan Engineering Inc by rq rig .00 �- S 5 7 E .». Witnessed D.Miorindi B of H - 2.3 ' 4.3' 4.3 4.3 2.3 by 6 00' le-o Date Mardi 0,2000 CMC D.. Emr u O o Variances Required __ TFill t 7BM EI-6.11 NGVD - - _ T 1r CROSS SECTION OF LEACHING BED L 310CMR15.211(1):Mitumum Setback Distances from property line r-ir Fs I � �.. ¢NT� ,_. • -�... 12"-18 O 8t.andlt.o.n� :25YS11 i y To of C8 H 10.1 -� �'-' -9- -•� _ � _ of ro scar... � _ ____ .__,. . --_ 10 feet required 0(zero)feet.provided,coastal bank:30 feet required - . n 1 +mob _ __.a.. . • ....-.... 1a 24 a silly Sand 7.5YR5/8 A7 ,r<91 __. _. -:, .___. n .w_._ _ ..w_._ _... ._ whereas the stem is located coin letel within a State deft,led non-erode bank , `• ._ � Ex s�aTt c TAN K� s3' P Y � - 24-32w 8 sand t OYReIe h•-•_- -� . Istm9 DwellinN 1 un�P e1+Awtae f 1S Within the leachin S stem shall Barnstable P VIII: nsite Sewage Disposal Regulations •a_. _� a Desi n sizing o f the manifold and laterals g y 2. Town of Barr�t b arc 0 g p3r 120 C1 coar.e saw 2.5W4 As / g .. 4 �" Section 1.00. The, 100 Foot Regulation.Distance from ponds and watercourses to be 100 feet. 51 120"148 C2 tit.d sand 2 5YQ/4 i Distribution Guidance latest revision. g� RE��E Ex�s-r• be in accordance with DEP Pressure provided to these 'c tank and 65'to the leach field,85'to a salt marsh, TH-Z tAbp SEPTIC SYSTEM Pro septic , , r h alternate din plan 64 and 84 respectfully). The: stem is located within a State defined nor_- 0-12w Fin , (for the terns � 8 P °Y _w - 1r 18 O s ssstd/ E ,• •r.ENTt �'u'rua• � . Loam �.5Y5/1 _w x t 1 bs-a��I L trod n coast.... l ... .:- , �,N•a nt e 4 PVC FI sh, o ch. 0 . . $ifld_.� OYRtf/8 rade x- G w Septic �, hn f Ihtve and the s define ofTlvrd Ave. or � coed Land Sury r to stake the center e o Ocean to , • / r ... ....... _ Registered Pri 33-120 C1 Cease enact 2 5Y8/ Roof run-off t `. �._ >. 4 I be recharged vial - \ w s „ l : _ 6 ,. installation of stem. ti \ t . a- System. 120'148 C2 Mad sand 2.5Y8J4 French drams anon ,n ., . ••.1. , g the drip edge . • , CQ .� Ground Water at Elevation 2.0 NGVID \ t• Conduct rS Chamber For Power 8 Float GaN. , ;t : ., " '; Perc Rate Less than 2 min per inch ' t� Emerge. Storage Cables. 4. n•2 over Class 1 Material , �Y o Mi C i Vol.660 Gat.Y 2»0 Seh:40 PVC 1 Float y `� '4 dothee P �k 0.5 Pump Mercury Threaded Pipe Switch-3Regb i to Lire c q 0.82 tc Check Valve _ �. i � Pum►off � ., ' SULLIVAN ` eQ(r ► !� Pi dt Div 6.8 'k secure pe Top IiIO.29TSS P Bottom of Chamber L _ �q� : \ , A3 PS om rl. 6 Washed � N .. A2 ,:, ;:;• �.': S.e?►. Stone Min. c j SECTION T S Q es Line r I of PUMP CHAMBER DETAIL � ; ,, �.. .--� AN 98 r , € s nagged b ENSR OB J Y .. Not to tale - 1 -� 99 0 _ Pole S o Edge of Salt Marsh Flagged by ENSR 13/APR/00 Ada work Limit&Fence Date:July 26,2001 EP&AttorneyKi1r0 Date:Aug 11,2000 Edge of 9 HI Wrack Line �'-•- 03 Comments from D g Date:July 31,2tii00 3 Zt p Phrogmites 07 31/00 Revision Revised parking layout&grading i� Solt i4arsh y ti Prepared 6 . Title: North Scale Sheet / :} o P Y Prepared For. As Shown GIATRELLi3 i of I Sullivan En eerin ,_Inc. , CapeSurvDate g o �- PO Box 659 7 Porfcer Road 91 OCEAN DRt E DESIGN DETAILS N/A 12 JULY 10,2000 OstervIle. MA,0.2655 Ostenfils MA 02655 W.HYANNISPiDRTMASS. ("N,2e-J344 .ma �r (5W)420-JM (aoe)420-390 nmr SULLIVAN ENGINEERING INC „ : Job / or PEeanv eapeearvetgoeaodrret _OSTERVILLE MASS 1%OF _ _ _ _ ok� RICHARD yGs a I _ _ PETER �j.�" 3 L14EUREUX �• SULLIVAN r DITCH NO.29733 ' I (TIDAL , CIVIL �Fp /STtc .� 1 I I SIOi, 1• A 1 77 � V � 1 \ \ f Revised 4/ 1 0M 0 to 20 30 Fur i�MA Zone A10 \ ' wfaizoco11 Elevation 11.0 NGVD �� eSuiV Sheet Title: C421p1 Sullivan 'ngineering, Inc. Porker Rood Alternate PROPOSED SITE IMPROVEMENiTS PO Box 659 Scanew 0sterville. MA 02655 OstervUle MA 02655 91 OCEAN DRIVE 1 =20 (soe)428-u+4 (509)428-3115 far (508Nso-399s (5oeN2o-ae9s �r W.HYANTNISPORTIMASS. Date PSWIPEDad.eom o�esurvotopecodnet "1 Add Work Limit&Fence Date:July 26,2001 Date:Aug1 000 SHEET 1 of 1 I Comments from DEP&AttorneyKilroyg � Date:Jul 31,2000 Revision � Revised ,token layout&grading Y , - I y I : 2'S19tUBh 23'44 i , • s • Proposed Lai.,c�sca in • �r Directions to Site: From Hyannis-Take Main Street to the West End R p • p g � r,r Directions to Site: From Hyannis-Take Main Street to the West End Votary and °•�: w ate and •'k` .0 Rotary 1. Historic nir►win of hi h marsh take Scudder Avenue and follow to s sign; Take a right onto g g rs to cease. take Scudder Avenue and follow to stop sign; Take a right onto Smith R;l.'which turns r ° , stop 9 g Smith Rd.which turns • • g .�, r into Craigville Beach Road and follow to Third Ave.; Take a left onto Third Ave. a 2. Two-foot ide low shrub buffer to be planted into Crai vilte Beach Road and follow to Third Ave.; Take a left onto Thi1d Ave. and r r ` :..: � • '• nd , •' M follow to the end; The house is diagonally in front of you to the right-#91 Ocean Drive. ; •, •- follow to the end; The house is diagonally In front of on the Ian award edge of the resource line. s -o 90 Y• to the right-i�9 Ocean rive Note Area you __-.. , _:::• _ 3 Proposed ";Iwn to be'fescue. ID On Reserve �l 4.G eral Note►ija plantings to be generic. ,`" " ` - • $ _._.-__ . _ _ ----_ . Q.° This design is for the repair/upgrade of the existing septic . General Note,-; - - - - system(principal system).Therefore this repair/upgrade is ( y being Placed in the reserve area.There is no requirement in 1. All roof r it off to be recharged via french drains or drywells. J _ r Q Title 5 to show a reserve area for a reserve area;In the event 2. Areaway below deck/porch to be set with crushed atone. of failure to this repair/upgraded se tic s stem, ►ttl failed components � 3. Catch ba.�i with in roadway to be$-20 capacity. P Y to—,_ 701 a 1 a ° will be removed and replaced within this reserve area footprint. Any soil - required to be removed due to hydraulic failure will be replaced with clean compatible material in compliance with the requirements of Title 5. Footprint Colllparslon LOCUS PLAN _ � , ! - LOCUS PLAN _ .Existing Proposed NET � Scale- I ''= 2000' �;. � o • f —Scale; 1"= 20004 Dwelling .: 1649 1644 -5 sf Zoning District:RB r o y4 / Deck j 1 r I 1 � I Zoning District:RB / , &Stairs l 540 520 -20 sf ti f Setbacks 20/10/10 o State defined Coastal Bank o o Groundwater Zone AP Q'- 3 Setbacks 20/10/10 Town defined bank does not exist on site io a 3 I Rear Yard 10 p r 3 q J Buffer i 1169 1422 253 sf �• '.� I !' Assessors Map 266 Parcel 003 ? I Groundwater Zone AP Coastal Bank i i s non-eroding� ❑ Assessors Map:266 Parcel 003 ` g Y._.,...:-- e , I 1 1 , I { / �, a \ ` �. (�o^ / � � � •� ,� - �• Replant existing vegetation&recreate existing drainage berm. j j •� 1 e ! b This activity was done without a valid order of conditions I l 3 w \ aTct+ "EsG 1_Eq�1ki 6 Daa ' Drive \ / (40 Wide - ve 1'* EuEv L u0T ILc (40 Wide - (40' Wide - Private ! Private Wo 1 A r :ago Way) .1�J�•J'' ' � y) L• � I►,o pe. t R private Way) AsPholt,0r��, f Z.s-• - a y / I _ Stone Drive 1' 1 / e m � I ` �1 .-- � rf•3P Mei..a�ro V� � ,- -- .., t ' I f- :--_ _...._ `l s _ Lawn •�,., TI+?� � . 's�1 _ ' �____15•--'' �� Lowe �,, \ \ .___15 •� f 180,00 �: . _ 180,00 S T O \ ----- S 5r�T _ 85' 7 ass• u. _. _..._ � { `� 180.00 � S 85' • E ,r 4 J1. �. � � E � - d cone - - L= 9 Cone - zu \ =tab - / \ Entry I TBM 0=6.11 NGVD _ _ Entry o a `a ` . TBM EI-1-6.17 NGVD � Lawn _ TBM EI=6.11 NGVD '`( ` r, I To of CB H T VF To of'C8 DH - .��h� Top o; CB/ri-1 10.1 10.1 NT�, P / A7 #91 FF- ra r(vsc) � A ,�" ,f'91 x 1(fsc) � � A c- `1.'Stonewall as a landscape [�- - - - -� Existing Dwellingp.- • - - - -i .`' Exrst/ng Owe!/• s�ric-TANK feature A8 9 8u� A8 goy Dwell! �` 1 .V u_U a GNAMBEIZ A8 m .. __.__ ` t off wall \- % 4 4 V_ 10.1 Jed Dw Brick:: -- --- --. ....,� p��'�� .. `~ y s Cone Chlrnney `. TOP On E1. 12.2 N Chlmne { \ ` rick REMOVE EXIST Offcwid� SEPTIC SYSTEM C'� wnu � � I h � Retaimilg wall E ���,•���_ �.•....w..Ln,.. _J ' c IQ r .via AE: _n ff be recharged Roof ru �o to - - _ # Il- _ : � A6 ry , .: t dri edgo,French alo lie ci C Cirii►Yf3 e . I rr r , _ `ti$ w . f r , - 1 .. woad r 1 Wood Deck \. ~ D \ I A 6. , \ \ i ay r+'O , �'`` :' clothes� clothes _ �dr ,, \ � ;; 1 a, \ � • .-- �' � �p� _ Lawn l.he6. UY N A3 • ---L r \ IV �.epCe A A3 "'_Pf �' •t '�Od4, A3 -Qs A2 „ .� A2 f C \\ e0 A2 S _ , O �Oy, ,' Resource Line esource Line Resource Line (as Flagged by ENSR 08/JAN/98) 11; c r- ,_„ - u: ;,:,' s - (as Flogged by ENSR 0 JAN/98) \ Flog �. ,� , nag s (as Flagged by ENSR 08/JAN/98) €€ Flag \ 3 /�S, Pole �Q Pole - Pole \ Z10 r' /j� . 'ff / , O S7 '!i � Off, �> � � � �. •r ` Q Edge of Salt Marsh Flagged by � _ ___—__._ ___. _.___ ,-, __.-- :_. _.__ _- --- _ --� Edge of Salt Marsh Flogged b ._. --"" - r� / 3 9 99 y Edge of Saltmarsh Flagged b 40�.. S ENSR 13/APR/00 _ • 3 99 Y Edge of - '�High Wrack 2 -.-- ?iQ f,�^ Edge off ��� ENSR 13/APR/00 T Phra mites Line-07/3l/00 �,� c. y !; = Phrq mites Hine,07 k o a z Ph�agmit s -� �-`r "� ENSR 13/APR/00 g 3 Line-07/3t/00 O C n \High Wrack ?� : 3 !'q so 3 Line-07/31/00 Qu` �,.,� l % m Salt Marsh ``. p �, % U Sal t Marsh ' I 1 rr U o �r v Solt Marsh o O M p "-2--. o . to 0 c � N q N W 2 � o • _ f _` Nnc � � W � I OF - --- - f.'--2 _ _ _ a'�'� RICHARDy� / \ \ OF rcogn \ s ,,,,.,I� _ 1 ate'• .� R• ' \ �.../-�_ / "r R• �•. - \�� --• -- r,,,-'i• " — • V^""•ERR I I LFiEUREUX H N 0 - - R - 1 - i 3 LHEUREUX H I 0 -- - l - __ - -- ,• �?. 7� S1IWVAN _ I `.�=I- "' No.$43t2 ►TCH $UWVAM. No.34342 l �' PITCH(TID L 7 ( a' 1 DITCH_ _ NO.29733 _o NO.29133 y �,� of � 0(TID�L1 r CIVIL " s �stsrca i (TipAL) ,.- CIVIL s . sln[ 1 i ► �Fa1srE �° d,� QfsTE� Zoning District: RB ( I c 1 I I '� • •_ ' / /Oil 1 Setbacks 20/10/10 Groundwater Zone AP Ma p ap 266 Parcel 003 1 1 1 R ►s�r� 7C7/zc� \ 0 f0 20 30 40 FEET FEMA Zone A10 \ 1 4/ 1 0 f0 20 30 40 FEET FEMA Zone A10\ 1 1 � � �: i./1,2�2ooa :. , 0 10 20 30 40 FEET FEMA Zone A10 -_._ _ ._._. ___ n Elevation 11.0 NGVD 1 v 717f Elevation 11.0 NGVD 7/7 1,Z,ac�o . Elevation 11.0 NGVD _ :4 Dwg # ee�� Q(� Sheet title: I Dwg Sheet Title. I C421 J CGL eV�N f C421 1 9 # Ca eSury Existing Condltlons�Plan p Sullivan Engineering, Inc. p p Sullivan En ineerin ,, Inc. I Ca eSury Sheet Title. Dw Sullivan Engineering, Inc. p g PROPOSED SITE IMPROVEMENTS _ g � 7 Parker Road , Scale„ PO Box 659 7 Porker Rood Scale PO Box 659 g ,,, ., �Parker Road Grading Plan C421p1 91 Ocean Drive Scale Po Box s5s 91 Ocean Drlv,, y 1 = , Osterville, MA 02655 Osterville MA 02655 1 =20 Osterville, MA 02655 Osterville MA 02655, 91'OCEAN DRIVE ?0 Osterville, MA 02655 "' Osterville MA 02655 1 =20 n1 ra Mass. Date (508)428-3344 (508)428-3115 fax (50e)420-3994 (508)42D-3995 fax , Date (508)428-3344 (508)428-3115 fox (508)42o-3994 (508)420-3995 fox - (508)428-3344 (508)428-3115 fox (508)420-3994 (508)420-3995 fax �•Hyan ►gyp 4 W. HVANNISPORT,MASS• PSulPEOad.com eapeeurrOcapeeodnet /� W.Hyannisport, Mass. Date PSOPECool.com eopesurvAeopaeodnot _.- 01/FEB/0� .:._ ' — _ _, �- _ �1/'+BlDO PSuIIPEabol.eom:. eapesurvOcopecodnet 01/FEB/00 —_� "j Add Work Limit&Fence Date:July 26,2001 Add Work Limit&��i,ee Date:July 26,2001 l SHEET 2 of 3 SHEET 1 o f 3 Comments from DEii' i Attorne Kilroy Date:Aug 11,2000 Comments from DEP&Attorney Kilroy Date: SHEET 3 of 3 1, Add Work Limit&Fence Date:July 26,2001 ,Aug 11,2000 Revision Revised parking la oxit grading Date:July 31,20M Revision Revised parking la out&grading Data July 31,2000 - Comments from DEP�c Attorney Kilro Date:Aug 11,2000 ' .. _. . __. ,�. ,. _l Revision 1,2YY� Revised y out& Data Jrly 3 _».-n:a-....—_...-.,,...n.l.. .. .._..._ -.:,+.....-...„�:.....-.-.. .—.- ^mow g[m•�,. nn. .. _ ,. : I i S INS, lAl' �H�fr A-�,�5.. CF r I �x _-- -- ------ - — - � .l , I II ! r • ••� • ONp • Directions to Site: From Hyannis-Take Main Street to the West End Rotary and take Scudder Avenue and follow to stop sign; Fake a right onto Smith Rd.which turns Into Craigviile Beach Road and follow to Third Ave.; Take a left onto Third Ave. and •• follow to the end; The house is diagonally In front of to the a• go IY You right491 Ocean Drive. db •� ,. Note On Reserve Area This design is for the repair/upgrade of the existing septic system(principal system).Therefore this repair/upgrade is ° being placed in the reserve area, There is no requirement in event J Title 5 to show a reserve area for a reserve area.In the P Pgrad septic system, 'mow _ �_.Y_.:_�_------ �_ __.---.__. _ .._---__._. 6 � omponents i ••.. v: - ,. of failure to this re air/u eel Uc st all faded cprint.Any soil o will be removed and replaced within this reserve area foot required to,be removed due to hydraulic failure will be replaced with ` - clean compatible material in compliance with the requirements of Title 5. j LOCUS PLAN _ - _ _ _� ��CUTOFF WALL ALTERNATE " TES Design Flow Single Family L 1Nbter Soppy ForThts Lot is Municipal water I I a ` Prop. 13.2 :%r ___._..__._ _ _ scale: I"= 2000' State defined Coastal Bank / Exist. 10.1 FG= 10.2 _ Total Bedrooms 3 Total Flow troortiaeri 330 gpd L Location of Utilities 8110"OnThisPlon An A roar Conns�t Exist House Sewer OP Town defined bank does not exist on site I b New Septic Tank VaM At Least,72 Hours Prior to Any Excavation ForThie u7!{ `. ( � � / � ,....;• Septic Tank �200%daily flow= 8t30 Opel Pro1sd The ConfractorShaliheake The RequirN Zoning District:R$ _ -. Not frcotlonto of Coastal Bank is non-eroding / , _L 9.4 I u..ISM 9safetl-coo-322-4e44) Setbacks 20/10/10 t / 3° 1 r - yfile I a The Contractor is Rpaind ro Secure Appropriate z 1 tp. „: Ib�Gallon Pump _ . Leaching Aras for Bed Design i Groundwater Zone AP s.4 Defined by-rhit Plan. i Permits From Town A odes For Construct oa j ! Proposed 120 If of concrete cut off wall 9 �' \ i a o I L optic Tank Chombn s Total Area eguais 33010.74 446 sr � ❑ -- Total Area provided 453 at 1 Install Risen as Required to Within leaf Assessors Map 266 Parcel 003 to enclose system , I f 1 , t 4 water proofwdn 5`,:= r• 3.4 Leaching Bed Design Finished Grade. Bidding as per obse vatioa well Top of wall elevation 10.2, a All Structures.Bu►Gel Fow Fist or Man a sub set' / � s• �i Waterproof wall as 3 l OCMR15.255 I ' / A ts\, 1 \ \ Par Titib b All pipes to be Schedule 40 PVC perforated with capped ends1 J � � I ! � vac a 2 ind,pres:<x+a meniraw. _ to vehicular ruffle tobe H-20 Loading. ,,, DEVELO rGl PROFILE OF PROPOSED SEPTIC SYSTEM Otahtrbudortlktestowine30x17 washed atonwd,gsometryawtown dSTic System tobeinstoltedinAeeoidanceWiM =i 31 CMR 15,00 Latest,Rwisiat And•The Tbartd i I� �,► \\ Not to Scale Barnstable Board of Health Regulations. T All Piping Lobe Sdt40 PVC nD nve (40' Wide - Pri / \ / j Note On Reserve Area Private Woy) / j This design is for the repair/upgrade of the existing septic j f ' _ / system(principal system).Therefore this repair/upgrade is z• Drive 4 s3 s F t J J Rnish creel. being placed in the reserve area.There is no requirement in �4,'S' I yilA/r.r t F'ot.S7 i r compacted Fill--� Filter ltb.�ja PVC PipeFederatedTitle 5 t0 show fi feserve area for a reserve area.In the event of failure to this repair/upgraded ded tic components ` • reP � Pt3re Sep system,all failed ` • �,> / wostone will be removed and replaced within this reserve Bred footprint: Any soil s corn -15--� '_ Shy'-1 Ile required to be removed due to hydraulic failure will be replaced with „ St°ouon°Ne way clean compatible material in compliance with the requirements of Title 5. Pere Test Resulis 180,00' S 5 7 •» E _ P-9681 by Sullivan Engineering Inc. ` 6 00• \ _ is 4.3'4 0 4.3 2s Witnessed byD.Mktnandi B of H / d Cone __. Date March 6,2000 rnt.3. o 0 0 Variances Required _ TH-1 7BM 0=6.11 NGVD j Ve CROSS SECTION CF LEACHIMG BED 1. 310CMR15.211(l):Minimum Setback Distances from property line 0.12w Fa To of CB H 10.1 -� -9-N T� `'` 12=18w O a 8"Gomm 2.SY5r1 n r ,ta,to Seale _____._.. 10 feet required 0(zero)feet,provided,coastal bank.50 feet required A7 1 _ 18»•24w A Say,sand 7.SYR508 1 9 __..._ __ . _�..... , _�_-_ _._.___._..,...y..�_�._a.. whereas the system is located completely within a State defined non-eroding bank. . T. _. .-.___. __ . �_ 24-3Y B saw 10YRM �. ScPTIC TANK• � h 11 ._ -, d-. _.•---® . Exlstrng Owellrn9 l Pohl cNAMBt:R As r Design sizing pf the manifold and laterals within the leaching System s a 2. Town of Barnstable Part VIII.onsite Sewage Disposal Regulations 32.120• C1 Comm san.t 2 Y6i4 i 4 / latest revision. Section 1.00. The" 100 Foot"Regulation.Distance from ponds and watercourses to be 100 feet: 51' 120»-148w C2 Met send •2.5w4 / �,,,�,,,, m REMOVE EXIST. be in accordailce.with DEP Pressure Distribution Guidance a lj y VA39 SEPTIC SYS•rel:+t provided to the septic tank and 65'to the leach field,85'io a salt marsh, TH-2 \ 0-1r Fill (for the alternate grading plan 64 and 84 respectfully).The system is located within a State defined non . TE _ - » 1 _IL044r Fit, atiAt.FtmN� 1r 16 O ss.na,toem 25Y5/1 f� b_ -7 < . eroding coastal bank. „- - �:.. g a'23 �A R As ..�. . Finished eel r 4 ,•...4o Pvc .et". rode 23 33 G _. $arc T k 110YRt3le From.,e ra on W _ ; n e f Dove an sideline..:... Registered Land 8ury r to stake the centerline o Ocean d the s de a Of Third Ave.... �...... � d ve. or to 8i Pn Roof run ff ' 33 120 C1 d -O to be recharged \ �. Caen.send :2.5Y8I via .Y� � 4 M .. _, metal ation f stem c o sY 1 I 20».: 148!. C2 French drat .IS a Mrad.send '2.5Y8N drains elan the do eel e CQ Mrood, Ground Water at Elevation 2.0 NGVD Deck �, - Conduit Thru Chamber { . Golv. Pert;Rate Less than 2 min per inch • / I For Power a Float 1 t� v, EmepencySkxoge o Cables. Chain a; Min.2'Cove1 Class 1 Material 5 G Vol 660 Gal. 2„0 So 0 PVC O ` '► Clothes j \k 0.5 Punyon Mercury Float Threaded Poe +Odd, use Switchs-3Regid eO �. i t ' 0.82 Pie off Check Valve ` \ '�}-- 6.8 b '�� , Sean PlpeatTapa SdJLLIVAM \ A4 A3 ._. / (S'� ctq� I.0 C Bottom of Chamber. �, N - 297" p-c \ N� A2 v T m �„�' .t?► 6 Washed /a 'tom• tone Min. .... �. S _ SECTION MOB esource Line s nagged by ENSR 08 �Aa/98) PUMP CHAMBER DETAIL • = . •• ✓, �� / 1-(a . 9 Not to tale .� Pda \ S 011, Edge of Salt Marsh Flagged by / ENSR 13/APR/00 Date:Jul 26,2001 -- -- 3 ' •._ � _,i.---_._��i! -� ` Add Work Limit&Fence _ Y Edge of Hig Wrack Line 03 2 Phrogmrtes o Comments from DEP&AttorneyKilro Date•July B 11,2000 31,2000 3- 07 31/00 ` p s Revision Revised parking layout&grading Y v Solt Marsh `-• North Scale Sheet ;t o Prepared 8Y CapeSurv Prepared For. Title: As Shown Sullivan En f1'Ij11 InC. GIATRILLi3 ► Ot i • o o �', - PO Bane 6l9 - ;: 7 Parker Road 91 OCEAN DRIVE N/A z � g� DESIGN DETAILS '� Date 0stervNe. MA P2655 rn / Ostet'vllle MA 02655 W.IiYANMSIPORT MASS. JULY 10,2000 (5oe)428l �oe}�ite-at (=)420-J� (aoe)420-390 ra,r SULLIVAN ENGINEERING INC. _ Job / :_ _.. 0f •' eapeelrrrekgoeeoa:net OSTERVIL_I.E MASS ��,. ��• "- it R• ." � __ PETER --- =_. - 7) �,� S LHEUREUX SUWVAN - - No.34312 DITCH N0.29739 -- 0_ H $F 'pE6iSTf� j C 1 s . TIDAL) tV l 1 % Revised 4/ 1 0000 FEMA%one A10 \ ' r,[i212o o O f0 ?O 30 40 FE£T Elevation 11.0 NGVD 7/1e/tAoo Sheet 71tie: Dwg .I� Sullivan En ineeriri Inc. CapeSury c421p1 g g' 7 Parker Rood Alternate PROPOSED SITE IMPROVEMENTS PO Box 659 Scale Ostervlile. MA 02655 Osterville MA 02655 91 OCEAN DRIVE 1'=20' (soe)4ze-M4s (soe)4z8-n15 fir (5W)420-•39s4 (500420-3995 Aw W.HYANNISPORT,MASS. Dote PSOPESod.com copenuill, pecodnet 01Aa/00 Add Work Limit&Fence Y Date:Jul 26 t101 from DEP&AttorneyKilroyDate:Aug 11,2000 w ' SHEET 1 of 1 Comments Revision Revised arks layout&gradingDate:July 31,2000 i +1 1 i : I y i Y'roposed Landtcapuig oMO 1 Historic mobvin of high marsh to cease. K' Directions to Site: From Hyannis-Take Main Street to the West End Rota and g g ' Directions to Site: From Hyannis-Take Main Street to the West Sod Rota'+and , • :: �:;� 4; . • 2 planted + take Scudder Avenue and follow to stop sign Take a right or>to Smith lad.which toms Two-foot wide low shrub buffer to be � .. • , ..take Sctxlder Avenue and foikrnl to stop sign; Take a right onto Smith Rd.iw!lich turns �: •••: : r . ; .� into Craigville Beach Road and follow to Third Ave.; Take a left onto Third Ave. and on the landward edge of the resource line. • �, into Craigviile Beach Road and follow to Third Ave.; Take a left onto Third Abe. and '• follow to the end; The house is diagonally in front of you to the d91 ocean Drive. • follow to the end; The house is diagonally in front of g • 3. Foundahocl � ••. ...- , g y you to the ri rn->Y91 Oc•+an Drive. ' •. _ ___._._._-. . _ to be fescue. i + : _; t o ' • _:::' '• ti Note On Reserve Area 4. p antings to be generic. k • o_ ~' -. ° This design is for the repair/upgrade of the existing septic General Notes � _ _ • �' - system(principal system).Therefore this repair/upgrade is 1. All roof run off to be recharged via french drains or drywells. D y J� w '• being placed in the reserve area.There is no requirement in 2. Areaway below deck/porch to be set with crushed stone. D Title 5 to show a :" O ':ht ' 04 �•'" of failure to this repair/upgraded area for a reserve all failed components J,,,_ � v _ .,r„• _ o ep ' Agra septic p �.In the event 3. Catch basic with in roadway to be H-20 capacity. { ... - o s t a 10 , will be removed and replaced within this reserve area footprint. Any soil _ required to be removed due to hydraulic faihm will be replaced with R)otprint Compassion - clean compatible material in compliance with the rrKquirements of Title 5. i xisting Proposed NET LOCUS PLAN LOCUS PLAN Scale: I 2000' ---Scale 1•�= 2000' I o Dwellin 1649 1644 -5 sf r � Deck r Zoning District: RB• g i I &Stairs l 540 520 -20 sf 11 � r o i ZoningDistrict:RB f r 3 'r Setbacks 20/10/10 r r o i tate defined Coastal Bank 3 Rear Yard 1O O� I I Setbacks 20/10/10 1 { o- j 3 I Town defined bank does not exist on site ,o i I suffer "1189 1422 253 sf \ 1 © =--a+ Groundwater Zone AP I Groundwater Zone AP 9 1 Coastal Bank is non-eroding I \ Assessors Map 266 Parcel 003 I I 1 ! © Assessors Map Zone Parcel 003 ' e a / _� I Replant existing vegetation dt recreate existing drainage berm: , I / t, i / I I 1 / • \ j This activity was done without a valid order of conditions } 1 \ ` f e�.' f �o : \ . Ceara Dt ara r A1pT (40 ode - Pri ����/ / \ ` �, (40' Wide - / '�� �•„ i �L,EVAriat - \REtpto/� vote Woy) ve1(40' WIde - Private Way) 1 ! Private Way) / I Stone Drive ao \ / j WIN 3, 6 \ I �, TM\ / / 6 tern . ` 5 i 6 town , a i:.1 - ./\ 15 —'i "^ ' \ \ \ \10 4 { 1 `da /0 a. _- 180.00• $ \ `l� �_ ` - - 180.00' ,\ S 85 7 0" E `� 1 00 S css• _...._ - - 80. \ 85'27 00" E _44.91 -._.. �� \ - 5 6y 00' E . :: \ \ •� / s ;� ` 1 60.00 cone `1 A�!r _ I.>1�►11 try ! ,/ d coot - Ent o 0 0 o TBM E1S.11 NGVD T Entry ` ,, TBM EI=6.11 NGVD T - �a L Top of GB H TBM EI=6.11 NGVD ` To of CB H _ - ItNT\\ $t --.. - 9 -- - To of CB H I P 10.1 n'` 9 A7 onerovap as a landscape P /l) 10.1� 1• r Imo- — _ wall 9.. A 7 #g 1 - -h> �dtut+e off =1o.1(vsL) �. pr — — — �' g Dwe/l)ng l3Dc ! r puM P CHAMB R A8 — 4 t` 10.1 enlodeled - _.. A7 ,¢�91 -ID ♦ EX/stin S�PI 1C TANK op of Dwelling El. 12•Z A8 — — -� 'E isting Dwelling 61k A8 4 - �� . �� _ _r .._._ T NGVD \ ~ Chfmne Cane ! 1 M Retaining 1 \ \ i Chlm e / fall ;... ._.., " i �' - { � � � REMOVE EXIST. < ` h y w r selyrlc sysTe n8 7 \ J r Roof nm-off to be recharged - ,� _ i A 64i• \ 8,` i - 7 via: A6� 1 French drains along the drip edge a- II \ s _ \ \ _ e III, JO Wood Deck Deck -71 \ _ / ` 111 Lclothes he ! �x \\ I,awnt Ld eh°° / Clothes 4 \ :- \ Line Ar \ A i 'Al ' \ M _ 6.8, A 4 A A \ A _ _ — A2 • 6.8 A A3 ' �- Resource Line .___ __ .__. o, ( s Flogged y ENSR 0 /A / ) _ _____.___ esource Lints ab 8 J N 98 p� esovrce Line � (as Flagged by ENSR 0 JAN/98) ' _ \ nag r� / (as Flagged by ENSR 08/JAN/98) ;,n \ Flag \. / y . • o Pole \ Flag \ S ° pole 41. ?1O ,t / \ \ 'ff0 y / //?XO o Pole \ �OR // ,/S11 \ O „�• �OS \ \ S i _ - - -` =.. '"-.. /" 3 Edge arsh Flagged by i Edge of Salt Marsh Flagged by _. --- _.... �' / 3 g d y -.._j ,..- -- / E of Itm Edge of Salt Marsh Flogged b \ w" S0 -" ' ,T� -� ENSR 13/APR/00 -' — / ENSR 13/APR/00 ENSR I3/APR/00 r,,, ,. � � � �.--- •-.� Edge of �_HighWr7 31/00 ? - �4iOd v n Edge of HighWrack __7 _ ` ^ Edge it High Wrack 10 i� = Phragmites 7 31/00 2 Phragmites Line 0 / ,t A Phragmites Line-07/31/00 O�, o 3 �q Line-0 / "� Q 3 A �, io 3 m Q ^ V Salt Marsh o cub Salt Marsh ``- Q U Solt Marsh -H o o o o A 0 CO \ y co O o a 2 - `\,y --7 3�� c A\ N _— 2 — — --— o� Mr-HOW \\ —_ _ —— —— —_ —_ WINAN `� 1E \ - _�- �— _ _ _ _\_ -' LHEUREUX H R. 0 SU AN I �� S LHEURtt A H \ I / 0 PITCH(?10 7 � n -_-I -__- --_; i 1 DITCH_ N0. 733 No.34312 P4 PITCH - - No.94312 _ NO 21733 _ � 0 _ 29 w, ~^ 'as '�C►STEa�� �' (TIDAL) J CML (T'�L1CtVI O I I ( / Zoning District:RB I Setbacks 20/10/10 Groundwater Zone AP I 1 .�.- �_.l.c_►-.�., _• ` / Assessors Map 266 Parcel 003 \ I (Zews�rn 717126= O i Ravi 4/ 1 000 \ Revised 4/11/2000 10 `' 20 J0 40 FEET FEMA Zone A10 \ \ I6�12/2000 _ l \` \ 1 D f0 20 ,TO 40 FE 20 _.. 30 40 FE£T � l� Zone A10 FtMA Zoee A10 va \� � \ 1 � C�v 7f7lzt�o Elevation 11.0 NGVD �`1171,?.,coo I LrleNGVDtion 11.0 NGVD + I i Illation 11.0 NGVDSheei Title. _ { Dwg �,/ eSury Sheet Title: Dwg IC421p1 Sheet Title: - Dwg # Ca eSUN c421p1 st111ivan Ell eerin , Inc. g- • Ca eSury Existing Conditions Plan C421pl Sullivan�Engineering, Inc. gin g ap Grading Plan Sullivan Engineering, Inc. p PROPOSED� Il�1PROVEMENTS 7 Parker Road sale gin g, Scale PO Box 659 7 Porker Rood I Scale" • PO Box 659 91 Ocean Drive 7 Parker Road " 1 =26 Oster Ole, MA 02655 Ostervllle MA 02655 I PO Box 659 91 Ocean Drive 1 -20 Osterville. MA 02655 Osterville .MA 02655 ' ,j 91 OCEAN DRIVE Osterville, MA 02655 Osterwlle MA 02655 _ ( W Hyannisport, Mass. �� 508 420-3994 sob 420-3995 iron WH ann1S Oct, !MASS. Date (508)428-3344 (508)4?8-Ji15 fox (5"420-3994 (508�20-3995 for j W HVA�11 ISPORtMASS• Date-1--, "` (508)428-3344 (50�)428-3115 fox (508)420-3994 esu 20-3995 fox . Date 01IFEu (508)428-3344 (508)428-3115 fox ( ) ( ) Y P PSOPEGod taro cgoeaurrOaopeeodnet ! Bf !W PSuIiPEOixLeom aaPeaurvAtaPecod Q1/.�.� capesuryt•+copecodnet 01/FEB/00 - _.._ PSulIPEObd.com net Comments from DEP&Attorney Kilmy Date.Aug, 1 Comments from DEP&AttorneyKilroyDate:A 11 Comments from DEP&Attorney Kilroy Date:Au . 11 000 2000 SHEET 2 of 3 SHEET 3 of 3 Revision Incorporate comments from Board of Health Date:Joy 31, { SHEET I of 3 Revision Incorporate comments fronn Board of Health Date:July 31,2000 Revision Incorporate comments from Board of Health Date:July 31,2000 j I • ••• A, • '�• •QAp '• h` Directions to Site: From Hyannis-Take Main Street to the West End Rotary and take Scudder Avenue and follow to stop sign; ;Take a right onto Smith Rd.which turns r into Craigville Beach Road and follow to Third Ave.; Take a left onto Third Ave.and fol low to the end; The house is diagonally�• Y in front of you to the fight-#91 Ocean Drive: Note On Reserve Area d This design is for the repair/upgrade of the existin septic gn• 8 P '� system(principal system).Therefore this repair/upgrade it. being placed in the reserve area. There is no requirement in ' , O Title 5 to show a reserve area for a reserve area.In the event of failure to this repair/upgraded septic system, all failed,components - st o will be removed and replaced within this reserve area footprint.Any soil '•• : - required to be removed due to hydraulic failure will be replaced with LOCUS PLAN clean compatible material in compliance with the requiren ents of Title 5. - - / ,� CUTOFF WALL ALTERNATE Scale: i 2000r State defined Coastal Bank a Prop. 13.2 NQTES Design Flow Single Family L 1Nhter Su Exist. 10.1 FG= 10.2 AplyFarThis Lot is Municipal water • Town defined bank does not exi;�t on site � � Connect Exist House sewer Total Bedrooms 3 Total Flow (�ear) 33o gpd L Assessors Map 266 / to New Septic Tank Vent Location of uMlitia Shown on This Pan Am A Parcel 3 Coastal Bajjjj�nk is non-eroding / , I At Least 72 Hours Prior to Any Excavation ppm& Septic Tank o -L a4 (@ 200%daily flow= 660 gpd Prolecf The ControctorShall Make The Re ulna ., 3 1 I Use 1500 gallon tank No to Dig Safe(I.800-322-48�4) p . 1,:r l The Contractor is Required to Sec •! -� Proposed 120�if of concrete cut off wall. 9 to �l � y I I I 150o Gallon Pum _ • c o ! L 8.4 � Leaching Area for Bed Design _ eq Secure Apppproroppriate SephcTank Chambe► S446 st Penned b1'rom Town genies ForConstruetiol, •r to enclose system I 1 ❑ Total Area equals 330/0.74 y Total Area provided Top of wall elevation 10.2, a war«proortanka 3 4• pr nded 446 of,, 1 Install n Risers i s •Waterproof wall as per 310CMR15.255 �4 + ro�rM 1 \ Lam. Sodding as per ob ervu,oa well Leaching Bed Design InstaMd Grade.Req*Wto Within 12 of Per Title 5 All pipes to be Sc"UO 40 PVC perforated with capped ends. All Structures Buried Foer Feet or More or subject' ' � , DEVELOPED PROFILE OF PROPOSED'SEPTIC SYSTEM Use a2 inch pressure manifold. teVahieularTraltietoMH-20Loodin Not to Scale Diattirbutlon lines to be in a 30 x 17 washed stone bed, y' shown. d STIC System to be Installed In Aamidance"Is Barnstable 1�Latest,Revision And The Town of earsDnilAn , . of Health Regulations. (40 Wide - private / Woy) Z All Piping to be Seh40 PVC / he = Note On Reserve Area / This design is for the repair/upgrade of the existing'septic system ipal Cq,3. ore this repair/upgrade is Fiaiah cod• being placed ein he reserve area. There is no requirement in 1 MAiu.►�o�fl i �� Filter » c01Ap0n'd Fftt Fabric Pvc Pffppssrot d Title 5 to show a reserve area for a reserve area.In the event � � Ire»-Ile of failure to this repair/upgraded se tic s� hewn \ � � ��-. ---15-� p• system,all Failed components ' I�ea srorne will be removed and replaced within this reserve area footprint. Any soil 00. 1 ` , W 11/2" required to be removed due to hydraulic failure will a replaced with S 5 7'. ' E . Doubts washed Y P - - stone clean compatible material in compliance with the requirements of Title 5. 00' 6 `• 2.3 ' 4.3' 4.3' 4.3' 2.5'». Pere Teat Results Canc 2� _ le'-d' P-901 by Sullivan Engineering Inc / finbr o 0 0 Wares d y D..OMOiorandl B of H TBM E1=6.11 NGVD To of CB H 10.1� j 4-` VBNT� CROSS SECTION OF LEACHING BED Variances Required TH-1 A7 ,d' '91 t( -9- Not ro scale 1. 310CMR15.211(1):Minimum Setback Distances from property line 0.12' Fill p- - - - 9 10 feet required 0(zero)feet provided,coastal bank:50 feet required 12=1 t3 O $s.rwr t oem 2.SYsn Existing Dwelan SEPTIC-rA NK ,- yh' P C_HAMeER whereas the system is located completely within a State defused non-erodi bank. Silly send 7..5Y511 AB r 4- % P Y ng 18'-24' A s• ( 1 SYRSM aridr o 1 2. Town of Barnstable Part VIII: Onsite Sewage Disposal Regulations 24'-3Y a srd toYRtve Chimney REMOVE EXIST. sEart c sysTet� Section 1.00. The" 100 Foot"Regulation.Distance from ponds and watercourses to be 100 feet: 51' 3r-120» C1 COKso sand 2•syy4 provided to the septic tank and 65'to the leach field, 85'to I sait marsh, 1 -1�» TH 2 �� `2•SY614 Ei.T►1 Po �►nAt_ Fun�e�. - 7 for the alternate 'A6 t' ,> ( grading plan 64 and 84 respectfully), The system is located within a State defined non- 0-ir Fill - 4"0 Sch.40 PVC Finished eroding coastal bank. 2.18• o s s.rrdrt oam 2sY5,' 1 - 1 �+rain Septic Tank Grade - • Roof run-off to be recharged via \` - 1 _ A- ..:........:...... Sand T 1~rench �y .SYRS/e drains along the do , ed a .�..r� Fie stored ,8 P S Sl Land Surve or to s`` y take the centerline of O 23-33 I � .• ,. Ocean);nve'and the sideline of B sand.,� ..�or �• r Third Ave. nor to »- » 10YReie�. :. installation of system. P 33 120 C1 Cars•Sind 2 SY8/4 •� /Deck Conduit Thru Chamber %� 120'-148' C2 �"5 Emer Ca Power 6 Float Ground Water at Elevation 2.0 NGVD `r. i � Galy. 'q Met sand 2.5Ye/4 o 660 Got. o Cables. Chain n Min.2'Cover i Val.660 Gol. Pam Rate Less than 2 min per inch rr \ Clothes . AI 2"0 Sch.40 PVC Class 1 Material line �� 0.5 Pumpon Mercury Float i r 0.82 Switchs-3Req'd Threaded Pipe ` 6.8� h Pura off Check Valve `�. Secure PipeatTopa Bottom of Chamber . A2 Ott m' A r. L� 6"Washed vu Stone Min. SECTION 7� a 70�� -- - -- -- 3 esource Line (as Flagged by ENSR 08/JAN/98) PUMP CHAMBER DETAIL Not to SCole 9 \ �02 Oil OS o _ ` Edge of Salt Marsh Flagged by l r 3 ENSR 13/APR/00 a, Edge of _ +- : /. -� a o I Phragmites High Wrack Llne 3 _o 07/31/00 u chi Salt Marsh -``• A Revision Incorporate comments from Board of Health Date:July31,2000 Prepared By. p ^ gin g CapeSurvPrepared For. Title:Sullivan En eerin , InC. GIATRILLIS North Scale Sheet PO Box 659 7 Parker Road 91 OCEAN DRIVE DESIGN DETULS Date Ostervllle. MA 02655 OsfeMlle MA 02655 W.HYANNISPORT MASS. DULY 10,2000 5 of.5 01 (soa)42e-M44 (Soe)42a;31ta ter (&W)4,o-.n94 (500)4so-J:ase rtmr SULLIVAN ENGINEERING INC. p Of 9 '�+1�`�CHARD y ruPEoaor.can capenuvecoloseod.n OSTERVILLE MASS a _ __ G b 1 --- R I r i 3 LHEUREUX 0 SULLIVANS - - No.34312 � DITCH NO.29733 / 0 CIVIL " '�s �fs►ST(a ST PiTEP ' 1 S 30 0 SULLIVAN F1ElNA zone�><o 1 Revises 4, 1/2000 � 0 10 20 30 40 FEET Elevation 11.0 NGVD /10/ rt 2 Q u Sheet 7Ttle: Ca eSUN Alternate Grading °w9 #C421p1 Sullivan Engineering, Inc. p PO Box 659 7 Porker Road Scale» ostertiue MA 02655 osterviue MA 02655 PROPOSED SEPTIC IMPROVEMENTS 1 =20 (5W)428-3344 (508)428-3115 fax (soe)iso-3s:a4 (soaso-yes r�,r 91 OCEAN DRIVE Dote DOD PsulIPEOool.com oaPr:urrocg ecodnet WEST HYANNISPORT 01/MB/00 SHEET 4 of 5 ' II I i i i , •,• • QAp •• , j)a Directions to Site: From Hyannis-Take Main Street to the West End Rotary and "take Scudder Avenue and follow to stop sign; Take a right onto Smith Rd.which turns into Craigville Beach Road and follow to Third Ave.; Take a left onto Third Ave. and " follow to the end; The house is diagonally in front of you to the fright-f91 Ocean Drive. Note On Reserve Area - • 4► This design is for the repair/upgrade of the existing septic - system(principal system).Therefore this repair/upgrade is ° Jy -- '• being placed in the reserve area.There is no requirement in q:•:s 04 _. Title 5 to show a reserve area for a reserve area.In the event of failure to this repair/upgraded septic system,all failed components S l 'S a will be removed and replaced within this reserve area footprint.Any soil _-_-__-- �''.•Z required to be removed due to hydraulic failure will be replaced with clean compatible material in compliance with the requirements of Title 5. - LOCUS PLAN i CUTOFF WALL ALTERNATE TES . •• • ` Prop. 13.2 - Design Flow Single Family LWo erSupplyForThls Lock Municipal watec Scale, I = 2000 State defined Coastal Bank / a Exist. lo.i FG= 10.2 Total Bedrooms 3 Total Flow (no w.) 330 90 LLocelton of Utilities Shown on This Plan Are Approt Consent Exist House Sewar Vent At Least 72 Hours Prior to Any Excavation ForThle Town defined bank does not exist on site ► ! I to New Septic Tank Septic Tank C 200%daily flow= 660 gpd Pmiset The ControclarSholl Make The Required Zoning District: RB Coastal Bank is non-eroding ! / I 9.4 Use 1400 gallon tank • Notification to 019 Safe(1-800-322-4844) L I I 3 The Contractor is Required to Secure A rfats Setbacks 20/10/10 r ! ,2° �1'-�z � Permits From Town A �0P t Leaching Area for Bed Design gentles For Constructloa Groundwater Zone AP _ in a I Isoo i;alan Pump e.4 Defined byThrs,Platt 9 i S Total Area equals 330/0.74 446 41 Install Risers as R Proposed 1201f of concrete cut off wall � LI`�' Septic Chamber Total Area provided 453 sf equasdto within 12"of Assessors Map 266 Parcel 003 to enclose system , a 3.4• Leaching Bed Design InsFintall Grade. Top of wall elevation 10.2, I t ❑ a w,<«proof tanks Boddinq as pv otwave6oa well , 1 I i / 1 Per Title 5 All pipes to be Schedule 40 PVC perforated with capped ends. ill All Structures Busted Fow Fat or Mare ar Subjedt Waterproof wall as per 310CMR15.255 ` I + \ to Vehicular Traffic to be H-20,Loading. Use a 2 inch pressure manifold. DEVELOPED'PROFILE OF PROPOSED'SEPTIC SYSTEM -.. Disturbution lines tobeIna30x17 washed stons bed,geornAryasshown. d septic System to be Installed inAeeoidance With 310 CMR 15.00 Lotest,Revislon And TheTownef I ` �,► \\ Not to Scale Barnstable Board of Halib Rsgulatlons. CeT All Piping lobe SeA 40 PVC (40' Wide - Private Dr 've / \ \ / Note On Reserve Area ►rote Way) l,�•g� of stemThis l� lfor the stem There�foreethisthe air umgddtis 2.r Drl`'° 9 53 5 F r b la(principale ) reP Pre Flnhh Grade being placed In the reserve area.There is no requirement in �l ompacted FlII�-� Filter Potfa.oted Title 5 to show a reserve area for a reserve area.In the event c r�P) / fabric ,,"PVC Pipe of failure to this repair/upgraded septic system,all failed components \ �,, ^? Pea oj 101111 will be removed and replaced within this reserve aria footprint. Any soil s SON" ', l Imo" required to be removed due to hydraulic failure will be replaced with �• _ ` \ , _ _ ooubLwa•Aed clean compatible material in compliance with the ra uirements of Title 5. Pere Test Result 180.00' S 5 �... -- scone P•9881 by Sullivan Engineering Inc. T r E ` ` Witnessed by D.Miorandl B of H \ \ 6 DO' '_. \ '� 2.3 ' 4.3' 4.3' 4.3' 2.3•». % d c•x r_ le'•d' - _ _- Date Mardi 6,2000 C u Variances Required _-- -- _... TH-1 TBM EI=6.11 NGVD /j _ _ \ E"t7 - d � � � � `� � o-1r �. To of CB H � a CROSS SECTION OF LEACHING BED 1. 310CMR15.21 l(1):Minimum Setback Distances from oroperty line P 10.1 -� - NT\ 12-18• O SSWWLmn 2.SYS/1 �-- - 9- --, Not ro scale 10 feet required 0(zero)feet provided,coastal bank:50 fe�t required . A7 �'g ,fgl 18-24 A sety send 7.5YR'SM r• _. _ - ___ ._. whereas the system is located completely within a State defraed non-eroding bank. A8� fisting Dwelling % 9uc 1 PUMP CHAMBER 24-3r B send 10YRele Desi n sizin of the manifold and laterals within the leaching system shall 2. Town of Barnstable Part vIII:Onsite Sewer a Dis oast lie latices g g g P 8u 3r-12o• C1 Coarse send 2.5YW4 { \ r��17/fe�, REMOVE EXIST. be in accordance with DEP Pressure Distribution Guidance latest revision. Section 1.00, The" 100 Foot"Regulation.Distance frotre ponds and watercourses to be 100 feet: 5 V 12(•-148" C2 Med.sane •2.5Ya4 tau ` SEPTIC SYSTEM provided to the septic tank and 65 to the leach field,85 to a salt marsh, TH-2 �,� - (for ate grading plan 64'and 84'respectfully).The system is lancet thin a State defined non- 0.1r Fill "TIN L, ruTLW� the alternate 12"-1!Z• o s sar+dr Laam 2 5Y511 7eroding coastal bank.k1CS-A�_ -- - - - - - . ! • ,. 180-230 A sane 7.5YR5/S • eel within c 4 4).cch.40 PvC FlnisMd r From.Septic'rank Grade 23=33' B Send 10YROM _ Registered Land Surveyor to stake the centerline of Ocean .fvir`:.J the sideline of Third Ave. prior to _ 1t �,; Roof run-off to be recharged via � � 6 --- � ..t�, ,•, � ,•• t, T` •-irstssrvn of stem._� :; 33 120 C1 r..'1.ra.s.ne 2.5Ye/4 4i .�t .•.,r SY = �,__ 120'-148" t,2 Ak,d.Sand 2.5YW4 French drains along the drip edge - _ _ _ T-,•�t sYl ,^ t1G:?: �- , - Gran- VL'st� zv.. Pere Rate Less than 2 min per inch . 1 I'iDOd Conduit Thru Chamber •• Dsdr �1 / Far Power 8 Float Gdv. :'r 5' � Emergen y Storage ; Cables. dam ": Min.2'Cover Class 1 Material 13 Vol.560 Gal, Ala 2"0 Sch.40 PVC OF Line °d r �� �� 0.5 Pumpon Switch hs--3RegH Threaded Pipe i \ ` ft 4 " r i 1 �,( 0.62 Pum off Check Volvo 1 \ . 6.8 Jr Secure Pipe at Top a ��� \ A A3/ G' �' T' I.o' Bottom of Chamber. IiID.29T�S A2 iNo�f� B t m i �,.. r 6"WashedCm L .,,. 'y!?► tone Min. SECTION T ' 'hp Resource Line • PUMP CHAMBER DETAIL \ Aog S ell I F°s Flogged by ENSR 08 JAN/98) ` Not to tale .�0 Pate SM02 Mog Edge of Salt Marsh Flagged by _ 3 ENSR 13/APR/00 9 �i Wra k U^e �� _..,� 03 ;� Revision Into Commeets from DEP&AttorneyKilroyDate:Ault.11,2000 Ed e o1 �Hig Incorporate comments from Board of Health Date:Jul 31,2000 2 Phragmites o 07 31/00 ` V Sol.'Marsh t o Prepared By. Prepared For. Title: North Scale Sheet # ` Sullivan Engineering, Inc. OapeSury GIATRILLIS Date Shown r of I o - PO Box 659 7 Porker Road 91 OCEAN DRIVE DESIGN DETAILS to 2 �M,y Oatervllle, MA 02655 09ferville MA 02655 W.HYANNISPORT MASS. N/A DULY 10,2000 \ `'N 0/ (aoe)4ze-u44 (W$42a-311e F= (soa)420-3994 (50e)420-3995 fair SULLIVAN ENGINEERING INC. _ PS1,fPEeaar,e+orrt eapaurrorapecodnet OSTERVILLE MASS Job 110E PETER _=j - 7) � 3 LHEUREUX N SULLIVAN No.34342 e DITCH - _.� 0 (TIDAL N CiV01L� '�s 'pfCrSTtaE� STf 1 ` ` Revised A/l 7(*0 0 10 20 30 40 FEET FEMA Zone A10 Elevation 11.0 NGVD 7/lo/.2r000 - Ca eSury Sheet Title: Dwg C421p1 Sullivan Engineering, Inc. Alternate PROPOSED SITE U*IPROVEMENTS PO Box 659 7 Porker Rood Scale"-20' Oster0le, MA 02655 Ostervrlle MA 02655 91 OCEAN DRIVE (509)426-3344 (5oe)428-3115 fax (508)420-3994 (508)420-3995 W W.$YANNISPORTrMASS. Date /FEB/00 PSu//PEOeoLoom eapasurvOeoyecodnet Comments from DEP&AttorneyKilroyDate:Aug. 11,2000 SHEET I of 1 Revision Incorporate comments from Board of Health Date:July 31,2000 1tJ Directions to Site: From Hyannis-Take(Main Street to the West End Rotary and 1 C take Scudder Avenue and follow to stop skjn; Take aright onto Smith Rd.which turns i into Craigville Beach Road and follow to Third Ave.; Take a left onto Third Ave.and follow to the end; The house is diagonally-in front of you to the right-f9l Ocean Drive: s �. :_`• Note On Reserve Area UV This design is for the repair/upgrade of the existing,,ptic system(principal system).Therefore this repair/upgrade is being placed in the reserve area. There is no requires►ent in t OV Title 5 to show a reserve area for a reserve area. In tie event v = p of failure to this repair/upgraded septic system, all faded components _ s i a will be removed and replaced within this reserve area footprint.Any soil required to be removed due to hydraulic failure will be replaced with clean compatible material in compliance with the requirements of Title 5. LOCUS PLAN S t A CUTOFF WALL ALTERNATE TES ! Scale: I rr= 2000� / a Prop. 13.2 Design Flow Single Family L%*terSu For - ' PPh Thie Let b Municipal Watec State defined Coastal Bank ! ) Exist. 10.1 FG= 10.27 Total Bedrooms 3 Total Flow (no awe w) 330 gpd L Location of Utllltia Shown on This Plop Are A • '"' Coronet Exist House Sswar ;Town defined bank does not exist on site to New Septic Tank vem pprour- ASSeSSCfS hAOp 266 ^ Septic Tank At Least 72 Hours Prior to Any Excavation ForThis - t o ( `L ($20096 daily flow= 660 gpd PMIW The ControctorSholl Make The Retired Coastal Bank is non-erodin ' l I Use 1500 gallon tank • Notification ro Dig Sate 0-800-322-4844) Parcel 3 . ._ I _ 9.4 I ►D Q- r ) I r 3 The Contractor is Required to Secure Apppproroppriato -, Proposed 120 If of concrete cut off wall 9 1 yam- 1 Lax0 Gallon Pump S 4 �j� Leaching Area for Bed Design Permits From Town Agencies For Constructlos •t© p -- -�+{ Septic Tank Chamber s Total Area equals 330/0.74 446 sf Defined byThli Pkn I to enclose system I ( 4 3.a Inaro11 Risers as R to waxer proof tanks Total Area provided 453 st Required Within 12 of Top of wall elevation 10.2, � '. / � ♦ � - . • , • Leaching Bed Design( ' / s\, l L Bedding as per observation Well g g Finished Grade. Waterproof wall as per 310CMR15.255 capped ends. &All Structures 8uilod Four Feet or More or Subject' rp p r= + \ \ Per Title 5 All pipes to be Schedule 40 PVC P Pe perforeted with ' DEVELOPED PROFILE OF PROPOSED'SEPTIC Use a2 inch press,- manifold. to VehicularTraftiarobeH-20.Loadin SYSTEM 0. / t / DisUxbubon lines to be ux a 30 x 17 washed stone bad,geometry as shown, a Septic System to be Installed in Aceoidonce With 31 CMR 15.00 Latest,Revision And The Torino/ Not to Scale / Barnstable Board of Health Regulations, n / ` / // T All Piping to be Seh 40 PVC (40 Wind. _ DnVIAn Private Woy) Note On Reserve Area ' This designis for the repair/upgrade of the existingseptic to 2.s,� Drive 4 53 5 F r f / system(principal system).Therefore this repair/upgrade is Finish Grads being placed in the reserve area. There is no requirement in i t �qf to^.t �irr�i-S� i compacted nil Filter 4"6 Mfaated c ryP� �;r, "'� Fabric Pvc Pipe Title 5 to show a reserve area for a reserve area.In the event xis"-1/�' of failure to this repair/upgraded septic system,all failed components s Lawn �� ` �i5.� Poo St" will be removed and replaced within this reserve area footprint. Any soil _ 3/4,-1 Ire" required to be removed due to hydraulic failure will be replaced with .. , ` \ _ Doubla washed 180.00' f \ S 5 7' •E '� \ _ - - slap. clean compatible material in compliance with the requirements of Title 5. Pam Test Results QD' 4.3. 4.3' 4.3' 2.5-» P-9881 by Sullivan Engineering Inc. d Lana 20.6 \ ls'-o Witnessed by D.Miomndi B of H / Entry o 0 0 0 Date March 8,2000 TBM E1=6.11 NGVD j - - VF Varjaaces Required TH-1 _ CROSS SECTION OF LEACHING BE To of CB H 10.1 a'` -g-N?-� D 1. 310CMR15.211(1).Minimum Setback Distances from property line 0-12" Fill 1�w Not ro seal. 10 feet required 0(zero)feet provided,coastal bank:50 feet required t2=18" O s Sendl Lawn 2.sY5r1 A7 �' /`91 whereas the system is located completely within a State defined non-eroding bank. 18•-24" A Say send TSYR518 p.-• - - - 2> . Existing Dwelling s=`PTIc TANK g J putti P �HA►nBER 2. Town of Barnstable Part VIII:Onsite Sewage Diaposal RegulationsBrick 24'-32"_ a send 10YRete A8 4 " . j I { �'�..,\ • Chimney �� , � REMOVE EXIST. r Section 1.00. The" 100 Foot"Regulation.Distance from ponds and watercourses to be 100 feet: 51' �-12u C1 Coen.sand 2.5M4 SEfiTIC SYSTEM 120'-148" C2 heed Send •2.SYQ/1 provided to the septic tank and 65'to the leach field, 85'to a salt marsh, TH_2 -- for the alternate ' ,� _. xat_ �urue,� ( grading plan 64 and 84 respectfully). The system is located within a State defined non- 0-12" Fit •.oJrr t a.A eroding coastal bank. 12'-18 O s s.r,dr Loan 2.5Y5+1 / -. 4 0 Sch.40 PVC Finished 18-23' Roof ion From Septic Tank Grade A Sely Sand 7.5YR510 off to b �.:: . a e recharged � ` ...,. .., _ _ _. __ . ..._ --. .T. Registered e . . 4 b _ Land-Surveyor r e �.__� .._ . � .. -.- ..: .�, s o o s�as,e file centerline of toYRe� 131 y Ocean Dnve and the sideline � ._ n, of Thtrd AAve. nor to » �--_ . - French drains Delon the dri ed e s o ., 33$ P $ ,; _ � ., .•.,r installation f 120 C1 Comms.nd i. � � - o system. 2.5Y814 Wood ` _ " A ♦ / Conduit : 120.148 C2 Met Said 2.5Ytt14 fA+ok Thru Chamber ♦ �' For Power a Float Golv. ,4 Ground Water at Elevation 2.0 NG VD ! G. ♦ �.5 Emergency Storage o Cables. chain a: Min 2'Cover Pam Rate Less than 2 min per inch Vol.660 Gal. Class 1 MaterW \ ♦ Clothed 0.5' Pump onAlarm n Mercury Float ,' 2"0 Sch.40 PVC \ -` ♦` �� i Al 0.82 Switchs-3Regb Threaded Pipe \ 6.8' h Pum off Check Valve A i SecurePipaatTopB \ A3 Pt I.0 a Bottom of Chamber. \ / BottomA. r �.r; 6 Washed .y`.: ;.c?► Stone Mtn. c SECTION O/ esource Line n� PUMP CHAMBER DETAIL C \ c Flop (as Flagged by ENSR 08/JAN/98) Not to Scale Palo \S+MO /blo. 2 Edge of Salt Marsh Flagged by o - f `---- 3„ ENSR 13/APR/00 Edge of High Wrack Line 2 Phrogmites i -°� 3. 07/31/00 Revision Incorporate comments from Board of Health Date:July31,2000 "' c * o Prepared By. n V Salt Marsh a. Q P y SullivanEn CapeSury Prepared For. Title: --- North __- -- Scale --Sheet o _ gbeering, Inc. GItATRILLIS 7 Parker Road 91 OCEAN DRIVE DESIGN DETAILS Ostervr7le, ALA 02655 03faWile MA 02655 W.HYANNLSPORT MASS. Dots 5 of.5 o. (-Va)42e-3344 H?e-ills flan ! lace)4?o-brow (5oe)42o-Jalu iron SULLIVAN ENGINEERING INC. Job JULY 10,2000 �N 01 pEObdbcarn capestrrvak^apecodnet OSTERVILLE MASS _ ��, N RiCHARD yG� ----- --- - __ - _ PKETHER _ I - _ -�/ S LHEUREUX N S11WVAk - - NO.34342 /� DITCH -+ lik OF 0 TIDAL) CIVIL . '�s �fslsl[aE° i - � i tP , FEMA Zone A10 Revised All 0 10 20 30 40 FEET Elevation 11.0 NGVD � 7ho/,^c'Aoo 0 Sheet Titie: AltelrIIat@ GlradlII DwgC421p1 Ca eSury g Sullivan Engineering, Inc. p PO Box 659 7 Porker Road PROPOSED SEPTIC IMPROVEMENTS Scale__ Ostervills, MA 02655 Osterville MA 02655 1 -20' (50B)428-334i (508)428-3115 fax (508)420-3994(500420-3985 hur 91 OCEAN DRIVE Date Psu11PEooaec«n awasurvoeopecodnec ___WEST HYANNISPORT 01/�'EB/oo i SHEET 4 of 5 j to..: .Y4..•;';. u,Lx..:..4.4MN�:.:g'.. " - .. i i r • _ � � pip Proposed,Landscaping Directions to Site: From Hyannis-Take Main Street to the West End Rotary and s.:. Directions to Site: From Hyannis-Take Main Street to the W , .• • " West End Rotary and 1. Historic mowing of high marsh to cease. o =` '� rs �� take Scudder Avenue and follow to stop sign; Take a right onto Smith Rd. take Scudder Avenue and follow to stop sign; Take a right onto Smith-Ad. which turns g tivf>tch turns r M into Craigville Beach Road and follow to Third Ave.; Take a left 2. Two-toot wide low shrub buffer to be planted into Craigville Beach Road and follow to Third Ave.; Take a left onto Third Ave. and F;, onto Third Ave. and •.•.• follow to the end; The house is dia Hall in front of on the landward edge of the resource line. " ••. follow to the end; The house is diagonally in front of you to the right->Ic91 Ocean Drive. ", � - •:; ••: -o , "� � _ •: „' _ _ .__ _ _ ___ � Y You to the right-f91 Ocean Drive. • - 90 - : 0 3. Prop+)sed lawn to be fescue. • Via~ ' Note On Reserve Area "'•• _-` _ - � -- -- • .�+ This design is for the repair/upgrade of the existing septic 4. Foundation plantings to be generic. Ell) Notes system(principal system).Therefore this repair/upgrade is General 0 being placed in the reserve area.There is no requirement in 1. All ruof, run off to be recharged via french drains or drywells. R - ' � y '•�- '" V GJ - Title 5 to show a reserve area for a reserve area.In the event 2. Area•Nay below deck/porch to be set with crushed stone. Off.,✓ - ::il. ��R�� • - - - - o Zj v �•- *• of failure to this re air/u aded septic system,all failed components i m roadway to be H-20 capacity. ` sla � la - --- - o P PBi' eP sy ;m, p I� 3. Catch basin with in d ?; "" s'la c will be removed and replaced within this reserve area foot footprint. required to be removed due to hydraulic failure will be replacedsoil clean compatible material in compliance with the requirements of Title 5. Footprint Cofilpal'sioti x LOCUS PLAN LOCUS PLAN Existing Proposed osed NET Scale: i "= 2000' . r Scale: I = 2000' ' • . !, __ . __ . __... _ _ _.. I Dwelling 1649 1644 -5 sfAssesso s Ma 266 Assessors Mop 266 DeckPorcet 3 Parcel 3 ! G } o tate defined Coastal Bank r 8 Stairs 540 520 -20 sf a 3 Town defined bank does not exis on site iD l \ H ' + RearYird a \ H I I l © Coastal Bank is non-eroding , 9 I ❑ ❑ G j G ' ON l � t Replant existing vegetation&recreate existing drainage berm. f I / r`__ l This activity was done without a valid order of conditions j a , , r Q - \ \ -ter•- --..- ...1_ _ - i ` "� ,� I / i o o 8 0 n: e e Now: \ // cean<40- Wid riv , , reDrive1 5 ehMov�L r A401-� (40' Wide �ve \ (40 Wide �'* \ r%LEvq� ;2C-Wtd eED R private Way) e - private Way - Privofe Way) � c►J ° 5�R - j ✓ �, t! : - _ - _} tom �A_ + EhK r' ~, Vivo M Asphalt •s- Stone Drive 6 Lawn TM'a, .`V��:`Ii f \6 \> /\ Lawn \ \ cs 00. 2T00" E S 5. 7' �. 1 �.- 85' 7 E ` 0" E 0 00' 6 \ `\ 11 , / s t _� DD' � s 7 - s •''� � + coot - L= `- ` '----- ,,,,,- _ .61 Conc . TBM E1=6.11 NGVD - _ � ' o o �o TBAI E1=6.11 NGVD ''� Lawn TBM E1=6.� NGVD 10.11. . \ Entry / Entry o o To of CB DH \ Top of C8/bH 10.1� VE Top of CB N 11.E A7 91 ( ) A7 ,�r91 1T f�) I c Stonewall as a Land 9 [�- — — .`- Existin — landscape feature SEPTIC TANK -© Existing Dwelling elk g Dwel/fog Bur i t off wall A8 J �} _.. A8 ¢ \ \0 / PuM P C HAMBEI� A8 Proposed Dwelling Brick / • 4 _ w i ( oak TOP of F y \ . I REMOVE E OUnd$tlOn =Chimne � Coot � �. ,. Chimne R MO EXIST. � ::. El. 12 svarr T_ _ y \\ 2 N_ \ \ GVD sePTlc wsT�. n wall - A6 - 1 7 Roof run-off to be recharged via A6 , LriLL _ 7 - _ ,eN 1 L rUTUe` A6 8 the drip edge 7 French drains along a °� g \ - , Wood ` \ �. Mood \. Deck \. Deck [Jill- I II - ,... \ y Clothes Clothes J \ o Line Clothes 111 Ltne �X O• \ \ Lawn Clothes rJ \ �jj �a Line 'A . \ A• - 1 o \ AJ A2 \ �/ A2 f fi •e"� - t .. r +f i _,.--- ...._.. Resource Line Oi 3 Resource Line @ _. - _ _ i � � -- -__ _._._ o O� Resource Line (as Flagged by ENSR 08/JAN/98) 0. s (as Flagged by ENSR 0 JAN/98) 0 0. �., o nagPa/e \\ `r'ti � �S, o \\ p nag � s � � -s 9 � o Flay � s (P ✓ � (as Flagged by ENSR 08/JAN/98) � OF ,�� i/fy0 LT ` \ '!1� OP / ,� ee �� Pole %./ Edge of Salt Marsh Flagged by @ -� Edge o S 4i . / 3 g of Marsh Flagged by Edge of Saltmarsh Flogged b Edge of �_Hi hWrack r 02� -S.yy� 3 ENSR 13/APR/00 o Edge of / _ j �+ 9 99 Y m �ighWrack ^� ENSR 13/APR/00 -� Edge of "� hwrack t ENSR 13/APR/00 _-�T S� o I = Phra mites Fit9 �s:Yx o a 3 A Phrogmites Line-07/31/00 01, L. V 3 g Line-07/31/00 U 3 Phrogmites Line-07/31/00 OuT o \ r, a a� �o a, to r3 Solt Marsh �= Q '"' i� Q = m � U Salt Marsh S� o d -H o °, ,ate V Solt Marsh �- \ o O Q ^ to co o N ti 2 - d o �--2 \ it CrWyly CCn Nki :,• cn \ \ O/ Lao �., ✓ j / \` . IAOF / - _ ,pry . — - I -0- - - PETER =�. --__ % LHEUREUX v� �' ' b - _ _ _ == �i S LHEUREUX `. —� _ /vc SUWVAN - :. ,.=�1-• 1 i DITCH, VAM 1 DITCH M0.29733 9, No. �Q a 0 _ - - - �„ 3 pf �� �, H =zgj3$ y No.34312� Q I _DITCH(TIDAL "7 ��/ ( AUG I (TIDAL) i UVIL el' 61STER �' 4 r \ �O s I (TIDAL .tVll '�' E61STEa I RIA Z OO 1 I , ( � a/sTEr - ,•.. � / � sTtr� I ` �,>,•„ 3T;��,� lis°l0r'd ' t' A 1 03 (ZF)t5 i7 7C7/26007 FEMA Zone A10 '` \ Revised 4/11/2000 0 f0 20 30 40 FEET Revi�4/11/2000 O\ 4 FEMA Zone A10 \ 1 \ 7/7/2aoo O 10 20 30 40 FEET Elevation 11.0 NGVD \ 1 0 10 20 J0 40 FEET Elevation 11.0 NGVD E t f (Zzv 7f7(zc cx) Elevation 11.0 NGVD ` 12/200o FEMA Zone A10 Sheet Title: Dw9 # Shot Title: _ _. _ . Dwg # Sullivan Engineering, Inc. CapeSUry Existing Conditions Plan c421p1 Sullivan Engineering, Inc. CapeSUN PROPOSED SEPTIC IMPROVEMENTS C421p1 Sullivan Engineering, Inc. Ca eSUN sneer Title: Dw9 # PO Box 659 7 Parker Road Scale PO Box 659 7 Parker Road g g p Grading Plan C421p1 91 Ocean Drive, 91,OCEAN DRIVE Scale PO Box 659 7 Parker Road Scale• Osterville, MA 02655 Osterville MA 02655 _ 1 '=20' Osterville, MA 02655 0ster0le MA 02655 1 =20 Osterville, MA 02655 OstertriUe MA 02655 91 Ocean Drive 1 =20' (508)428-3344 (508)428-3115 fax (508)420-3994 (508)420-3995 fox wH annis ort, Mass. Date (508)428-344 (508)428-3115 fax (508)420-3994 (508)420-3 REST"ANNISPORT Dat e (508)428-3115 fox (508)420-3994 (508)420-3995 fax PSuIIPEObd.com 01/FEB�00 PSulIPEOacom eapesurvAaopeeod yetcapesurvOcapecod.net 011rEB100 PSWIPEOadxom capesurv9apecod net Hy81nlspOrt, Mass. Date 01/FEB/00 I SHEET I of 5 - SHEET 2 6f 5 SHEET 3 of 5 %t OF SULLICML d � h 0 i :� , •asp . . •..• « ! ± _ � I ' ,;:,;•••_:.• � �a Directions to Site: From Hyannis-Take Main Street to the West End Rotary and • ago Proposed,Landscaping • c '• Directions to Site: From Hyannis-Take Main Street to the West End Rotary and 1. Restore• c mowing of high marsh to cease. --take Scudder Avenue and follow to stop sign; Take a right onto Smith Rd. which turns o ': •, •;f �� take Scudder Avenue and follow to stop sign; Take a right onto Smith Rd. h g tiv Ave. turns 2. In wide low shrub buffer to be planted to Craigville Beach Road and follow to Third Ave.; Take a left onto Third Ave. and r into Craigville Beach Road and follow t0 Third Ave.; Take a left onto Third e. and .. . rn end; The house is diagonally in front of you to the right-#9j Ocean Drive. follow to the end; The house is diagonally 1n front of on the landward edge of the resource line. ' ' - ••. •.: - follow to the e :� � •• _ right-f�91 Ocean Drive. ` 90 Y• :You to the • _ �� • 4.::_ �, Note On Reserve Area 3. Proposed lawn to be fescue. doun 4. F itil s eneric. • `Z` ___ - : -. - This design is for the repair/upgrade of the existing septic on pantin g to be g - General Notes system(principal system)..Therefore this re air/u �V o Y �P P Y p _ pgra a is r,.. .. - y being laced in the reserve area. There is no requirement in 1. All roof run off to be recharged via french drains or d Title 5 to show a reserve area.for a reserve area. In the event 2. Areaway below deck/porch to be set with crushed stone. �I a-� oa _ v �-•• _ o of failure to this repair/upgraded septic system,all failed components � � 3. Catch >tasrn with in roadway to be H-20 capacity. •... :;� a will be removed and replaced within this reserve area footprint.Any soil _.� � - � ,, .•ice - : .. required to be removed due to hydraulic failure will be replaced with w _ Icz clean compatible material in compliance with the requirements of Title 5. j Footprint CofllparSlotl i LOCUS PLAN LOCUS PLAN / Existing Proposed NET � 4 Scale: 1��= 2000 ' , Scale: l ��= 2000� �,� , c c , 1649 1644 -5, sf ! c Assessors Map 266 Dwellint Assessors Map 266 Parcel 3 Parcel 3! I -,- / I Deck ; _ � "'State de 4 I &Stain i I o ; fined Coastal Bank `'"`"�•... ,�- / 3 540 520 -2t) sf Town defined bank does not exist on site ,a Ol + Rear Yard t o o I 1 ,© Coastal Bank is non-eroding 9 i H I Buffer, 169 1422 253 sf N ______ © _ a ON q , .._ I r l � r\� ► � I � / •e� I '�' Q. Replant existing vegetation&recreate existing drainage berm. ` a, � r , �• 1b This activity was done without a valid order of conditions \ CearaDriveCearaDrive , : Driun9 , 5 ��Mo�� � (40' W � aret y., \ (40' Wide - �j'. \ ' L. ACT er►rcE� rde (40' Wide - private � � Private Way) Way) t { t I►,o ee. Private )Way r ;• _10 - ' 1 , A�holt; rive -' ''` ....... ,, i � . 2.r• � 1u Stone Drive l _ r , e T>,•a� � 6 ` a.`, �•/"+' Low 1r.r� `•. , _ .-' d) T Lawn I -15_/ ''• \ \ - //-- 15 ` 10, 1BD.0 1 �.. . �. 180.00 � ass- �-. . _... S \ ._ 18000, - - _ S 85,27 00" E r w _ --1 \. 6 DO' � 60.00' s l - S £ m. 1 Entry `. Entry � o � / � .A•� 11 _20 6 TBM E1=6.II NGI/D •, TBM EI=6.11 NGVD ` '° � TBM.El=6.11 NGVD Lawn Top of CB/DH 10.1" r ,. \ To of CB/DH 10.1� T `o VENT\\ Top,+�f C8 DH T A91 FF�1Q1(A/SL) :i a A7 �a91 1� SL) -� �t W� f � � � A7 � one -- � ' _. Db_ • — — • — -� y Existing Dwelling euc j SEPTIC 4ANK landscape feature a land xxitin9 Dwelling 61k A8 puMF A8 / -- -._.. CHAM6ER A8 PIO off wall t0 4 _..:.\ .. posed Brick 1 Ihvellin chimney \ , nnc /4i 1 - �• \ \ h� chh�nney �\ I RennovE exisT. . , � � TOP of Foundation El. 12.2 NGVD SEPTIC SYSTEi� Retai&g wall $� W . i \ l�I 7 _ _. _ . 7A6 Roof bera recharged edvia 6_ 4 rUP_c. _ ._French drains ls along the v do edge- 6 e c. III \ e \ i eck \. kJ1 N . e , ,--•5 rA. \ \` Clothes .. ='" ' D '\ � (21 Clothes •� _ p rA' °�' \ \ Line r { \\ ` \ 01 Line �X ti s \ \ Clothes r Lawn Line \. q• / A 7 �•� \ It Ar / O F" b-- s.8 _ ,a _ — d a A3 r \ Ol A3 —Es ' / �G\ S A4 ._.,A / `./ '� - - to !, A 0 Resource Line @ 3 - Resource Line Oi - o (as Flagged by ENSR 08/JAN/98) ° Resource Line \ Flag \ S \ flog \ S - (as Flagged by ENSR 08 JAN/98) 8 \ O pole, \ '�O �i `� ��S,yr pole O ' \. o as Flagged b ENSR 08 JAN 98 o tT ?i Flog \ s 99 Y / / ) C ` 8 Oo. \ \ / 'ff0 Pole .110 ., / Edge of Salt Marsh Flagged by $ - -- ,1r � _....-�` 3 _ ,;..-.. -�..�,;.r:._,�-- ..;�. _ � Edge of Salt Marsh Flagged by _,- -� _ ` ---��j� Edge of Saltmars Edge of O S / ENSR 13/APR/00 G0 0 9 _t wgh Wrack c� '-.��,?r0 _ o Edge of >,� �P -� ENSR 13/APR/00 998d by 0 3 oZ Phragmites Line-07/3I/00 o HlghWrack • - h Fla --ter o Edge of "6\H 9h Wrack --s'� z ENSR 13/APR/00 \ a 3 p Phragmites Line-07/31/00 O& .o` 3 4 Phragmites dine 07/31/00 O�. o ` ca o . \ a°i �o U Salt Marsh `- "' ►� U Salt Morsh �`• S� 1 m co Sal t Marsh �- A Cn m oQ '- in 2 - \,y 0 0 2 ` �r L o o M.H,yy C `� [10F SUCH o� RICHARD y� A OF •��' R. SUWVAN 1' --I 3 LHEUREUX H Q 0 — — -- __ — i 3 LHEUREUX :., N r 0 DITCH - -.. No 343 �5 1 / SUUVA i ' NU.29733 a� PITCH - _ N0. 733 _.. .-T— No.343i2 �� I / DITCH(TID�7 0(TID�L) CIVIL v' �s ArrA Tta�� ��' _ ) ti $ q rt0 v I (TIDAL C iL \ 1 Revised 4/11/2000 0 10 20 30 40 FEET \ Revi 4/11/2000 1 , FEMA Zone A10 FEMA Zone A10 77/7 2�Oo O 10 20 30 40 FEET ' I (ZFu�s�r7 -V7/u�cz> � � \ 1 ` _ \ \ 1 G/!t/2000 FEMA Zone A10 � \ 1 D 10 20 30 40 FEET Elevation 11.0 NGVD t 1 CZ•t v 7r7/Z000 Elevation 11.0 NGVD Elevation 11.0 NGVD Sheet Title: � Dwg # Shee Title: Dwg # Sullivan En ineerin , Inc. Ca eSUry Existing Conditions Plan c421pl Sullivan Engineering, Inc. CapeSUry PROPOSED SEPTIC IMPROVEMENTS c42' ' Ca eSUrV Sheet Title: Dwg # g g p g g g� ME p Sullivan Engineering, Inca' p Grading Plan c421p1 PO Box 659 7 Parker Rood Scale PO Box 659 7 Porker Rood g 9LOCEAN DRIVE Scale Scale„ 91 Ocean Drive . 1"=20' Osterville, MA 02655 Osterville MA 02655 1-=20' PO Box 659 ' 7 Parker Road , Osterville,� MA 02655 Osterville MA 02655 _ p WEST HYANNISPORT Osterville, MA 02655 Osterville MA 02655 91 Ocean Drive 1 =20 (508)428-3344 (508)428-3115 fox (508)420-3994 (508)420-3995 fax �'1.Hyannlsport, Mass. Date (508)428-3344 (508)428-3115 fox (508)420-3994 (508)420-3995 fox Date *� PSulIPEOod.eom capesurvAco ecodnet PSuIIPEOod.eom copesur ___.. (508)428-3344 (508)428-3115 fax I 508 420-3994 508 420-3995 fax W.H annis ort Mass. P f 01IFEB/00 vocopecodnet ___._ _-___-- __._ _,. _, 01/FE8/00 PSuIIPEoad.com ( ) ( ) Y P _ .. ^- _ capesurv6copeeodnet Dote 01/FEB/00 SHEET I of 5 SHEET 2 of 5 SHEET 3 of 5 OF KlE Shcl.l.l� � IL ' -_ - . -____ _ _- -__ - - -- ---- - _ -- ----- - --- -- - - - ---- - - ---- _ __ ---- ---------- - - -_. - -- ----- ----- -- -- - -- - - -- ---- - --- - - ) td b i COOz p Vw fl ; $ o F.G.11.5 •_:• : '• h Directions to Site: From Hyannis-Take Main Street to the ' . . - Directions to Slte: Fr m H " ° � •• '•' �:: � •1 take Scudder West End Rotary and ;;.. , . � � � rL,[ _ . . a o Hyannis-Take Main Street to the West End Rotary and ' Avenue and follow to stop sign; Take a right take Scudder Avenue and follow to sto ; FG.1o.5 anni -T oP 9 1 r y •y Y s a into Craigville Beach Road a 9M onto Smith Rd. which turns � 30 ., ,., :; M p;sign; Take a right onto Smith Rd. which turns - o and follow to Third Ave.; Take a left onto Third Ave. and :: •• n n ii into Craigville Beach Road and follow to Third Ave.; Take a left onto Third Ave. and �N w ' "'•' follow to the end; The house is diagonally in front of you to the ri ht-#91 Ocean Drive. M� � •• -, ., . follow to the end; The house is diagonally in front of you to the right->6191 Ocean L7rive.' r ••• ' -• 9.0 9.0 - i` y •., r o �� 8.8 Gallon 7.9 • . b. M •. _ ��, 1 g 1�500 Septic Tank ib` { Bot.ELZ3 Footprint Compartion „. ... eeddinga: • ExistingProposed NET _,__. � _ _Title 1 11 5.3' Per 5 O v _ -5 sf Dwelling 1649 1644 EL.2.0 _ Deck DEVELOPED PROFILE OF PROPOSED SEPTIC SYSTEM &Stairs 540 520 -20 sf Not to scale t i Finish Grade LOCUS PLAN LOCUS PLAN Rear Yard `_Scale I 2000' it Scale I 2000� Buffer 1169 1422 253 sf TES Fr, f Compacted Fill ale:c PvcPgp:'aed G f € -._ t , � LW61erSupplyFarThisLotis.MunicipalWatec _.._. .T a L Location of Utilities Shown on This Plan Are Approz, Pea StioiM Assessors Map 266 Parcel 3 I f Pro ad The ControetorShall Make The Required Assessors Map 266 At Least 72 Hours Prior to Any Excavation ForThis i a✓a"-I v2" Parcel 3 ; I Nohficationto Dig Safe(1-800-322-4844) : Double Washed 3 The Contractor is Required to Secure'Appropriate „ - Stone Permits From Town Agencies For Constructlot► q ' Defined byThis Ptah I I l a I f © _ I ' 6o0 °f i es� 1 GAL. / I sr a Finished Grode. i'g L�cH. / �� ! • ,�` � 4: tnstallRisersasR uindtoWithln 12" CROSS SECTION OF LEACHING BED T'ON6 ALL Nr/ �� Subject' ,B 9 ARou ' �` , ` \ !3.All Structures Buried Four Feet or Morsn9 Not to Seab NC r Septic System to be Installed in Accordance L_,7 1 } ar fo Vehicular Tratfic tube H-20 Load � W � � r'dana With J 1 1 _ �• \ 310 CMR 15.00 Latest,Revislon And TheTowoof E Barnstable Board of Health Regulations. /. , // 8 I \ Perc Test Results Drive ��/a� - 7. All Pi n to be Sch 40 PVCP-9681 b Sullivan} \ rive tiV (40' Wide - Private Way) ' rands B of H c \ 1 ping y Engineering In l (40' Wide - Private f Way) to � .DESIGN DATA Witnessed by D.Mio t f Single Family•4 Bedroom ate March 6,SToN2000 1 D i D'wAy 34 With no Garbage Grinder 0-12" Fill psPholt�pri�' 4 - 880 0P0 1 Daily Flow tl xa•440 GPD Septic GPD x 200"/•s 12"-18" O S sarwl Loam 2 5Y511 p 1 Use 1500 Gallon Septic Tank 18"-24" A s' sand 7.5YR5/8 illy LEACHING AREA 24-32" B sand 10YR8/8 32%120" C1 coarse Sand 2.5Y6✓4 �'�, ,. t q, Use Bottom Area Only Lawn 440 GPD/0.74 a 595 SF Required 120"-148" C2 Med.Sand 2.5Y8/4 \ 1p 180.00' > e 4, _ ` SANTiC m H_ -�_� tfomArea= I�z34Z=612 S F. TH-2 S 85' y E l -_ ` - 180.00' 4' 1p \. _ 62 SF.Total Provided 0-12" Fill 't 1 _.- \ 1= r. LEACHING BED DESIGN At I Pipes to be Schedule 40.PVC _ 691 \. ..__ -•.. �. ., t � \. , \ p 18""-23" A S silly send 7.5YR5/8 } ( coot L- 0, } f _ _ \ Perforated with Capped Ends.Use TBM EI=6.11 NGVD \ Entry 1 4 4 Distribution Lines in a 1,8'z 34' 23"-33" B Sand 10YR818 TBM £I=6.11 NGVD r.s Washed Stone Bed as Shown. 33%120" C1 Coarse Sand 2.5YS/4 Top of CB/DH' 10.1 t 12 � -___ 120'-148" C2 Med.Sand 2.5Y6/4 p To of CB/DH a2.p,; r Co - _ . _A 77 #91 FF=ra 1(.ust) A7 :: . : Ro' ' ' _ 9--- - \ Ground Water at Elevation 2.0 NGVD Existing Dwellin elk . _ _ . _ --l> ►- 4i�Av .,;......_ - 'ti. Perc Rate Less than 2 min per inch �..._ 9 A8 t w„ . q. ..- . Class 1 Material Brick ' 4 } ` Chknney �4 Conc Wall f ' pROP056p w•�. ' "' . IjWBI As P.�. 13 :2. 7 Maximum Feasible Compl><ance 011.1 ay' Variances Required _ _. 5 L- 310CiviR13.211 1 ,.. .._ ,- \ TAIRS O.1`vII�nlmum Setback Distances from roe hoe i Work limit ha hale line to be c� 1 woad Y y�N 10(ten)feet required 0(zero)feet provided. set one foot landward of the 1 �2 WOad N ca��, .- k Deck o .-- 2. Town of Barnstable Part VIII. Onsite Sewage Disposal Regulations �T Section 1.00. The" 100 Foot"Regulation.Distance from salt marsh to be 100 feet 5 Busting wetland line and along �'M �` (etirvarco o a8 P 8u the property lines as shown. .. r 5 50(fifty)feet provided. ti �etnai �- ✓� SHEET 3 of 3 Conditions \ �'� r clothes GIATRLLIS • r ,p, 3 Is' Line Registered Land Surveyor to stake property lines prior to installation of system. r' 91 OCEAN DRIVE 6.8 `:' ' ' h " Al W.HYANNISPORT,MASS. • a and certify compliance to the Board. A� • ' A3 � �\ . �/ A�._. - Design Engineer to supervise installation ce - . 6.8 � SULLIVAN ENGINEERING INC. A3 - tells' OSTERVILLE,MASS. "_ NSTiC\LL C TONE / \ ,' A2 \�a�ow D a plDp s A2 r4ct1 Re O o 3- source Line a o Resource Line \ Flag f (a. Flogged by ENSR 08/JAN/98) m (as Flogged by ENSR 08/JAN/98) \ O Pole �; ' O \ flag Pole _ ' Z Edge of Edge of LOf Area 3 o Phragmites o` 3 o Phragmites -0.62 AC o : m q) ro n tl o, U Salt Marsh ,`T Salt Mars w +I p e1 a O p N � io •O � � Q i SULMAi# i O PLAN VIEW Scale: l "= 20' j Elevation 11.0 NGVD 10 20 30 40 FEET FEMA Zone A10 0 10 20 30 40 FEET _ FEMA Zone A10 0 - A Elevation 11.0 NGVD ` Sheet Title: Dw 9 # Ca eSury Sheet Title: Dwg #C421 1 Ca eSUN ExistingConditions Plan c421p1 Sullivan Engineering, Inc. park Sullivan Engineering, Inc. p p PO Box 659 Parker Road Scale PO Box s5s 7 Paiker Road PROPOSED SITE IMPROVEMENTS 91 Ocean Drive 91 OCEAN DRIVE Scale Osterville, MA 02655 Osterwlle MA 02655 1 =20 Osterville, MA 02655 Osterville MA 02655 (508)428-3344 (508)428-3115 fax (508)420-3994 (508)420-3995 fax WHyannisport, Mass• Date 5oe429-3344 W. HYANNISPORT MASS. 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