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0097 OLD TOWN ROAD - Health
97 Old Town Rd. k; •,;� Hya11i3li5 2h8 e 1 I F n P 0 M ® k 77� TOWN OF BARNSTABLE LOCATION <71)f� //j(iV,(� oko SEWAGE# IT �rJ?J VILLAGE 1 �l4A/W4) ASSESSOR'S MAP&PARCEI-z<69--,0/ Z � ff INSTALLER'S NAME&PHONE NO.C4 RQ I Aj4C_ (��r. 152T—VZO SEPTIC TANK CAPACITY / 5760 /V—/O Ld'ue,( - e LEACHING FACILITY. (type)-�/ 9�a//6R>C' M e2y(size), Z /3 X NO.OF BEDROOMS OWNER A� e PERMIT DATE: ;I/ —/J COMPLIANCE DATE: Z S / 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 t 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 f ; i cam. s o O ca C S Health Department Drop-off Hours: 8:00 A.M r 4:30 P.M Town of Barnstable Received by Realth of H Regulatory Services Department on & Richard V.scan,Director 3 OA0N9TA4LC, �0r Public Health division o " Thomas McKean,Director 200 Main Street,Hyannis,MA 02601 Office: 508-8624644 Fax: 508-790-6304 ACCESSORY AFFORDABLE APARTMENT SEPTIC QUESTIONNAIRE Property Address: q7 C) Ij Tow,,-,Tow,,-, Assessor's Map/Parcel Number: 0 7 ,Applicant(s) Dame: aMp- to Phone: �-�`� LI �`� 4 4 E-Mail: ' - barte 10 Size of Lot: 2a. How many bedrooms exist at your property now? . 2b. How many bedroom are you planning to add asprt of the Accessory Affordable Apartment program application? 0 2c, How many bedrooms total are proposed at this property (including the Accessory unit)? .�.� 2e. Is the proposed Accessory Apartment contained within: the main house; OR detached structure 2f. Submit floor plans for all buildings on the en� properly. Show all existing rooms in the dwelling and the proposed accessory apartment. Label each room clearly. label measured width of all open doorways. Use straight edge for hand drawn plans and be sure all labeling is legible. Date: Signed. !�1 6 t ,l V , ACCESSORY AFFORDABLE APARTMENT SEPTIC QUESTIONNAIRE FOR STAFF USE ONLY 1. Is the dwelling connected to Town sewer? ❑Yes ANo 2. Dwelling located 0 INSIDE ❑ OUTSIDE the Saltwater Estuary Protection Zone 3. Dwelling located ❑INSIDE ❑ OUTSIDE public supply well Zone of Contribution 4. Dwelling is connected to ❑ ON-SITE WELL ❑ PUBLIC WATER S. Disposal works construction permit on file? uyes ❑ No 6. If yes, how many bedrooms were allowed by this permit: � bedrooms ilz�-Z0 i(' --o 73 7. Were building permits obtained for additional bedrooms? ❑Yes ❑ No 8. Engineered septic system plan: � a. On file at the Health Division? M-Yes ❑ No b. If proposed accessory unit Is d taped from principal dwelling, is that plan on file? . ❑Yes ❑ No 9. Existing septic system capacity is bedrooms X-a.o 60 --- ...�. _ 3 For the accessory unit to receive approval from the Health Department the following action must occur: ❑ Existing system accommodates proposed additional bedrooms) ❑ Upgrade existing system to accommodate additional bedroom(s) ❑Must remove a bedroom from the main house ❑Must connect detached structure to the existing septic system ❑Must in fall septic syste for the detac ed.str ct re t per.. A/1 her -., M -- J e_ S ra�?AA S- t Signed Date ram- - 2 l r1�sll.h YIV►� 1 �iA t io�] G .(l�o�Atis 2 t1/4lYNv �l.6 r`o�'�► �ce1 °�5 � ( ++`` f)h s�►SL� ��'� i I' Town of Barnstable P a 1619.. Department of Inspectional Services am Public Health Division Datem 200 Main Street,Hyannis MA 02601 Office: T "62-0644 Date Scheduled Time LCV L Fee Pd. d P 3 Soil Suitability As ssment for age Disposal ; Perfntmod By: Witnessed By: LOCATION&GENERAL INFORMATION Location Address)9 1 ©i��.. 9 Owner's NemeJ(� i-_i/ '� l' t�-� Address —�,,""f - Assessor's MBP'tit 'Z�i �� Engineer's Neme� p /J Engineer's Email:� � oGQ NEW CONSTRUCTION REPAIR � Telephone H l Land Use Slopes(%) Surface Stones Distances from: Open Water Body ft Possible Wet Area ft Drinking Water Well ft Drainage Way ft Property Line ft Other ft SKETCH:(Stec name,dimensions of lot,exact locatioT^of W holes.!perc teats,locatewedands in proximity to holes) � q L 1 Parent material(geologic) Depth to Bedrock Depth to Groundwater.Stmft Water in Hole: Weeping from Pit Face Estimated Seasonal High Groundwater DETERMINATION FOR SEASONAL HIGH WATER TABLE . Method Used: r 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# ReadingDate: Index Well level Adj.factor Adj.Groundwater Level PERCOLATION TEST Date Time Observation Hole d Time at 9" Depth of Pen Time at 6" Start Pre-soak Time® ' Time(9"-6") End Pre-soak Rate Min.Anch Site Suitability Assessment: Site Passed Site Failed: Additional Testing Needed(YIN) Original:Public Health Division Observation Hole Data To Be Completed on Back ***If percolation test is to be conducted within 100'of wetland,you must first notify the Barnstable Conservation Division at least one(1)week prior to beginning. Q:Wpplication Fomu1PERCFORM 2018.doc �I DEEP OBSERVATION HOLE LOG Hole# Depth from Soil Horizon Soil Texture Soil Color Soil Other Surface(in.) 1 I (USDA) (Munselq Mottling (Structure,Stones,Boulders. Wnwell t( ` t tI •" DEEP OBSERVATION HOLE LOG Hole# Depth from Soil Horizon Soil Texture Soil Color Soil Other Surface(in.) (USDA) (Munsell) Mottling (Structure,Stones,Boulders. Cbrtsostency.% ravel) DEEP OBSERVATION HOLE LOG Hole# Depth from Soil Horizon Soil Texture Soil Color Soil Other Surface(in.) (USDA) (M-11) Molding (Structure,Stories,Boulders. Consistcm%Graven i I DEEP OBSERVATION HOLE LOG Hole# Depth fmm Soil Horizon Soil Texture Soil Color Soil Other Surface(in.) (USDA) (Mmtselq Molding (Structure,Stones,Boulders. Consistency.%Gravel) Flood Insurance Rate Man: / Above 500 year Flood boundary No Within 500 year boundary No es Within 100 year flood boundary No— Yes Depth of Naturally Occurrina Pervious Material Does at least four feet of naturally occurrin .pe materid exist in all observed throughout the area proposed for the soil absorption system? If not,what is the depth of naturally occurring ions material? �`� Certification I certify that on (date)I have passed the soil evaluator examination approved by the Department of Environmental Pro n and that the above analysis was performed by me nsiste t with the required training, exp and experience fsa'be 1 CMR 15.017, Signa Date .\Application F wSPERCF 018.doc No. C Fee / G/ THE COMMONWEALTH OF MASSACHUSETTS Entered uicomputer: Yes PUBLIC HEALTH DIVISION - TOWN OF BARNSTABLE, MASSACHUSETTS ftphtatlon for Misposal *pBtpm Construction Permit Application for a Permit to Construct( ) Repair( ) Upgrade Abandon( ) Ercomplete System ❑Individual Components Location Address or Lot No. T1 Owner's Name,Address,and Tel.No. Assessor's Map/Parcel Z j —72, A t 1 C�/� Installer's Name,Address,and Tel.No. Designer's Name,Address,and Tel.No. Type of Building: Dwelling No.of Bedrooms Lot Size sq.ft. Garbage Grinder( ) Other Type of Building No.of Persons Showers( ) Cafeteria( ) Other Fixtures Design Flow(min.req fired) gpd Design flow provided c� gpd Plan Date 7- Number of sheets l Revision Date ZZ Title GJl c Size of Septic Tank I`�CX� Type of S.A.S. Cry Description of Soil Nature of epairs or Alterations(Answer when applicable) Z— Date last inspected: Agreement: . The undersigned agrees to ensure the construction and maintenance of the afore described on-site sewage disposal system in accordance with the provisions of Title 5 f the Environmental Code and not to place the system in operation until a Certificate of Compliance has been issued by this Boar of Health. geed 0Date Application Approved by Date Application Disapproved by -Date for the following reasons Permit No. -�/ — Date Issued 3 - -- . y41 No. DOZ Fee THE COMMONWEALTH OF MASSACHUSETTS Entered in computer: PUBLIC HEALTH DIVISION - TOWN OF BARNSTABLE, MASSACHUSETTS Yes ZippYicatiou for Misposal *pstem (Coustrurtiou 3dermit Application for a Permit to Construct( ) Repair( ) Upgrade Abandon( ) 0completeSystem ❑Individual Components Location Address or Lot No. "j DL Owner's Name,Address,and Tel.No. Assessor's Map/Parcel (� —7 A }fi' Installer's Name,Address,and Tel.No. Designer's Name,Address,and Tek•No. . G��� ►9�t. �� �� -i�j �, v�}4�1 ,.=�8 �?: �Cal Type of Building: Dwelling No.of Bedrooms Lot Size sq.ft. Garbage Grinder( ) Other Type of Building No.of Persons Showers( ) Cafeteria( ) Other Fixtures .- Design Flow(min.required) gpd Design flow provided gpd Plan Date 7- 2 L>I ZD Number of sheets Revision Date Z Z Title �J Size of Septic Tank 14j(ZX__> Type of S.A.S. VAJ JP i t Description of Soil 1-a Nature of Repairs or Alterations(Answer when applicable) \`✓ STD v ! Date last inspected: ' Agreement: The undersigned agrees to ensure the construction and maintenance of the afore described on-site sewage disposal,system in accordance with the provisions of Title 5 of the Environmental Code and not to place the system in operation until a Certificate of Compliance has been issued by this �Health. geed JDate Application Approved by Date Application Disapproved by Date for the following reasons Permit No. cap/ — a 3 Date Issued 3 ------------- ------------------------- --------- -------------- ---_--—-------------------------------------------------- THE COMMONWEALTH OF MASSACHUSETTS BARNSTABLE,MASSACHUSETTS Certificate of Compliance THIS IS TO CERTIFY,that the On-site Sewage Disposal system Constructed( ) Repaired( ) Upgraded Abandoned( )by at �\� [�� W ln� \�- / has been constructed in accordance with the provisions of Title 5 and the for Disposal System Construction Permit No /q -0?3 dated 3 / Installer <:�)4C2p(_)\1 l�( �� _ Designers #bedrooms Approved des' flo gpd The issuance "If this ermit shall not be construed as a guarantee that the system wi 1 fun,f o as designed. Date Inspector -------------------------------------------------------------------------- ------- ------------------------------------------------------- No- c�c J _ G-2 3 Fee THE COMMONWEALTH OF MASSACHUSETTS PUBLIC HEALTH DIVISION-BARNSTABLE,MASSACHUSETTS Disposal 6pstem Cons trurtton�P ermit Permission is hereby granted to Construct( ) Repair( ) Upgrade Abandon( ) System located at and as described in the above Application for Disposal System Construction Permit. The applicant recognized his/her duty to comply with Title 5 anc}theollbwi�g local provisions or special conditions. Provided:Construction rgust be completed within three years of the date of this(by mit. Date / / Approved Town of Barnstable Regulatory Services Richard V.Scali,Interim Director MANS. Public Health Division Thomas McKean,Director 200 Main Street,Hyannis,MA 02601 Office: 508-862-4644 Fax: 508-790-6304 Installer&Designer Certification Form Date: `Z� Sewage Permit# ,�1 "d Assessor's Map\Parcel. L Designer: 1 ➢ Installer. '' Address: Address: VVIP On �� `' Ol� issued a permit to install a • ( te) (installer) septic system at 9-7 QUD-TaO (2D'ID based on a design drawn by An (address) % ►`" I dated VZ ( esigner) 1 certify that the septic system referenced above wasi installed substantially according'to the design, which may include minor approved changes such as lateral relocation of the distribution box andlor septic tank Strip out (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 certified as-built by designer to follow. Strip out(if required)was inspected and the soils were found satisfactory. I certify that the system referenced above was co fiance with the terms of the AA approval letters (if applicable) ` All UF,1�,�\_ � c�3 DAVID � _ s o (dIASOPJ ( tal er s Si ature) ;� s�o cr . N1 TAR\P�.' ��(Desigpae s Signature (Affix.Desi 's Stamp Here) PLEASE RETURN TO BA.RNSTABLE PUBLIC HEALTO DIVISION.:CERTIFICATE OF COMPLIANCE WILL NOT BE ISSUED UNTIL BOTH THIS M:FOR AND AS. BUILT CARD ARE RECEIVED BY THE BARNSTABLE PUBLIC HEALTH DIVISION. THANK QASeptic0esigner Certification Form Rev 8-14-13.doc y • r .. ' . R---� •• ,. - it J T,= � Jn• �, r. � �p r � —� U _ G '1 o (u I f D rn t ;� x -7 b U G. Or- P �� ..NIr 7- la i i wry i ® ��,C 1 ;- � � � `� •�. p �; 3 x o I OWNER BY: lilac, G Signature �-- Printed Name:J�f L,�� COMMONWEALTH OF MASSACHUSE'ITS County of Barnstable, ss. On this day of T-^J. 20 0'before me,the undersigned notary public,personally appeared the Owner(s),proved to through satisfactory evidence of identification,which were , to be the person(s)whose names)is signed on the preceding or attached document and acknowledged to be that he/she signed it volumariiy for the stated purposes.- otary Public "Panted Imo✓z►7CJ My Commission Expires: s... .&r c ..y KAREN A.HEi ti1Q �n z:►?�4 ", �-.qy �'•.T'- ,, Nofary Pub � lic qjr TOWN OF BARNSTABLE �nt!P3 2o15 S OF...... d �• BY: Q �` TOWN MAN R COMMONWEALTH OF MASSACHUSETTS. County of Barnstable,ss: OntSL✓ Q3y Of L/(.���' 2�F�b�fGYe me,theUndw Signed notary pub1:C,perSonally appeared lbw.P V , the Town Manager for the Town of Barnstable,proved to me through satisfactory evidence of identification,which were 6)7VP,!�(iV- !i to be the person whose name is signed on the preceding or attached,document and acknowledged to be that he/she signed it voluntarily for the stated purposes. o Notary Pilhc Printed: M Commission E ites: r SHIRLEE MAY OAKLEY Notary Public -- �::.. .:,�=r~�n�':;_ ,�. •-,-r,;y= COIi111A0NWEALTH OF IiIA&SACNIJSETTS W r� k� '�_ac i y�','�r�'� BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register 3 A 7b ��-r, r--j wa; �7 '4' a i P k 28667 Ps 123 —4930 �a2—� Er-2r�1-5 ai 09 = 25 a Mla Town of Barnstable ,?,14 ►,1�r I ftii.�;. ^ Zoning Board of Appeals Comprehensive Permit Decision and Notice Accessory Affordable Apartment Comprehensive Permit No.2014-046 F r, Foley ,T�!L► I,�I-] Applicant: John J.Foley and Tracy J.Foley ,Property Address: 97 Old Town Road,Hyannis, MA - Map/Parcel: 268/072 Zoning: RB-Residence B Zoning District Summary: Allows an existing apartment unit,located in a detached accessory structure and formerly used as an accessory family apartment,to be maintained and used as a studio accessory affordable apartment pursuant to the Code of the Town of Barnstable,Chapter 9,Article II, Deed Reference: Book 21897.Page 120 Applicant—Site Control: The Applicant is John J. Foley&Tracy J.Foley,owners and occupants of property addressed 97 Old Town Road, Hyannis, MA. The Applicant has a mailing address of P.O. Box 354,West Hyannisport, MA 02672. The Applicant has owned the property for 9 yeas as evidenced by a deed recorded at the Barnstable County Registry of Deeds on March 30,2007 in Book 21897,page 120. A signed Affidavit dated September 3, 2014, declaring that 97 Old Town Road is the primary residence of Tracy J.Foley has been submitted to the file. Locus: The property is a 0.35-acre lot created by a 1949 land division plan entitled"Hemeon Development Hyannisport—Cape Cod,Mass"recorded at the Registry of Deeds in Plan Book 85,page 105. The property is developed with a 1.5-story,four-bedroom,2,664 sq.ft.,single-family dwelling and an accessory detach one- story,1,030 sq.ft.,structure. The lot is served by public water and an on-site private wastewater disposal system. The principal dwelling's on-site disposal system appears to be sized for 3 bedrooms. Installation of j this system pre-dates Title 5 and its age is unknown. A June 20 2014 inspection report found that system in satisfactory operating condition.The accessory building had a 3-bedroom Title 5 system installed in zoos. Background: In 1983,the accessory structure was converted to a one-bedroom accessory family apartment as provided for in Special Permit No.1983-94 issued by the Zoning Board of Appeals to the then owner,Marilyn J.Smith. That Permit was recorded at the Registry of Deeds'in Book 16595, page.8. In 2005,Tracey Foley,heir to the Estate of Marilyn Jean Smith,deeded the property to the Foleys. The deed is recorded in the Registry of Deeds in Book 19766,page 199. Following that deed the property was co-owned with a trust and then to the Applicant in 2007. During that period of time and up to 2014 the Foleys continued to use the accessory apartment as a family-apartment per a 20o6 Family Apartment Agreement with the Building Division recorded at the Registry of Deeds in Book 20827,page 313. This Agreement was made - Town of Barnstable,Zoning Board of Appeals Decision Notice,Comprehensive Permit No.2014-046—Foley, pursuant to revised zoning regulations that permitted family-apartments as an as-of-right accessory use to an owner-occupied,single-family dwelling. At this point in time,the family member has vacated the apartment and the Foleys now seek to convert the units to an Accessory Affordable Apartment Unit by a Comprehensive Permit pursuant to Chapter 4oB of the General Laws of the Commonwealth of Massachusetts,and in accordance with§9-15 of the Code of the Town of Barnstable,more commonly termed the"Accessory Affordable Apartment Program". Procedural&Hearing Summary: On May 5,2014,John J. Foley and Tracy Foley submitted an application for a Site Approval Letter as prescribed in the Code of Massachusetts Regulations 76o Section 56.00 and provided for within the Accessory Affordable Apartment Program of the Town of Barnstable.'The application was submitted as a local initiated Chapter 4oB. Notification of the application was submitted to the Departmentiof Housing and Community Development on.May 21, 2014. A Site Approval Letter was issued to the Applicant for the subject property by Town Manager,Thomas K. Lynch on August zo,2014: Notice of the Site Approval Letter was sent to the Department of Housing and Community.Development in accordance with the requirements of CMR 760 56.00. An application for a Comprehensive Permit was filed at the Town Clerk's Office on September.16, 2014. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on September 19&26,2014 and notices were sent to all abutters in accordance with Section 11 of MGL Chapter 4oA. The Hearing Officer,Craig G. Larson opened the Public Hearing on October 8,2014 at 6:0o p.m. Present at the Hearing were;the Applicant,John J. Foley and Tracy J. Foley,the Housing Coordinator and Monitoring Agent, Arden R.Cadrin, Regulatory Review/Design Planner,Arthur P.Traczyk,'and Principal Assistant, Karen A. Herrand,recording secretary. Mr. Larson asked the Applicant if they have read the proposed18 conditions and if they had any questions or concerns for the proposed conditions. Mr. Foley stated that they have read the conditions and understand them. He stated that they have no issues with any of the conditions to be imposed. The Hearing Officer invited the public to speak and no one came forward to speak. Mr. Larson noted that there were no letters entered into the file in favor or opposed to the grant of the permit. Findings of Fact:. 3 E , At the hearing on October 8,2014,the Hearing Officer made the following findings of fact: Concerning"Standing",that is the right of the applicant to seek a comprehensive permit,Mr. Larson found; 1. 'The Applicant,John J. Foley and Tracy J. Foley,Tare the owners and occupants of the property located at 9j Old Town Road, Hyannis, MA as evident by a deed recorded at the Barnstable County Registry of Deeds in Book z1897,page 120. A September 3,2014,signed Affidavit from Tracy J. Foley declares that 97 Old Town Road is the primary residence of the Applicant. . 2. The application for a comprehensive permit is.being made in accordance with the Town of Barnstable's Accessory Affordable Apartment Program,Chapter 9 Article II of the Code of the Town of Barnstable. That program is structured as a self-regulating income-limiting local initiated housing program. Xqualified funding program accepted under the Code`of Massachusetts Regulations 76o Section 56.00 that governs grant of comprehensive permits. 3. In accordance with MGL Chapter 4oB and 76o CMR 56.04(4),a Site Approval Letter was issued to the Applicant for the subject property by Town Manager,Thomas K. Lynch on August 20,2014. Notice of the Site Approval Letter was sent to the Department of Housing and Community Development, in , W 2 Town of Barnstable,Zoning Board of Appeals Decision Notice,Comprehensive Permit No.2014-046—Foley accordance with the requirements of 76o CMR 56.04(z),and no issues were communicated from the Department on this application. . Based upon the finds,Mr. Larson ruled that the application of JohnJ. Foley and Tracy J.Foley has met the requirements for Standing and he can now consider the merits of the application for consistency with local needs. Regarding the"consistency with local needs"Mr. Larson found; . 1. The use of the detached building as an apartment has existed for 31 years. First as a family-apartment by special permit and then as an as-of-right accessory family-apartment use. No expansion of the accessory structure is being proposed. It is to remain as it has.existed. To now permit the apartment as an accessory affordable unit under Chapter 9 Article II of the Code would represent no perceivable change in the neighborhood. z. On May 12,2014,the Building Commissioner,Tom Perry,preformed an on-site initial inspection of the unit and has determined that it can conform to applicable state building codes. He is requiring smoke and carbon monoxide detectors be installed to current code, assurances that two means of egress are provided and final floor plans be submitted at the time a building permit is sought. 3 The Health Director,Thomas A McKean, has reviewed the Health Division's file regarding the on-site wastewater disposal system for the property and health division staff conducted an on-site inspection of the apartment unit on August 20,2014. The property is approved for a total of 4 bedrooms with 3 bedrooms being in.the principal dwelling and one bedroom in the accessory building. The second floor loft area was found to not have sufficient height to meet code as habitable area and therefore not usable as a bedroom. The sleeping area will have to be incorporated into the first floor that will make the unit a studio apartment. Appropriate plans depicting this will have to be submitted at the time a building permit is sought. 4. The Applicant has been informed that the program still requires a building permit be applied for and an occupancy permit be obtained prior to occupancy of the accessory apartment. This step is required to assure final approval that the apartment unit conforms fully to all applicable building,fire,and. health codes and this decision. 5. The applicant has been informed that upon certification of this Comprehensive Permit by the Town Clerk, a Regulatory Agreement and Declaration of Restrictive Covenants, restricting the accessory apartment unit in perpetuity as an affordable rental unit shall be executed. Thereafter both the Comprehensive Permit and the Agreement shall be recoded at the Registry of Deeds as binding covenants on the property. The_documents limit the apartment to that of an affordable unit rented to a person or family whose income is'8oq or less of the Area Median Income(AMI)of the Barnstable Metropolitan Statistical Area(MSA)and cap the monthly rental income(including utilities)to not exceed 30%of the monthly household income of a household earning 8o%of the median income, adjusted by household size. In the event that utilities are separately metered,the utility allowance established by the Town of Barnstable shall be deducted from rent level so calculated. 6.. According to the Massachusetts Department of Housing and Community Development,Subsidized Housing Inventory,the Town of Barnstable has 6.6%'of its year round housing stock qualify as affordable housing units. The town has not reached the lo%statutory minimum affordable housing required in MGL Chapter 4oB. Nor has the Town met any of the Statutory Minima provided for in 760 CMR 56.03(3) 'April 30,2013 information 3 Town of Barnstable, Zoning Board of Appeals Decision Notice,Comprehensive Permit No.2014-046—Foley 7. The Town of Barnstable's Comprehensive Plan encourages the adaptive use of existing housing stock to create affordable units and the dispersal of these units throughout Barnstable. This application and the location of the unit conform to that objective. Based upon the finds,Mr.Larson ruled that the application of John J. Foley and Tracy J. Foley is deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the Town of Barnstable without jeopardizing the health and safety of the occupants provided certain conditions are imposed. Decision&Conditions: Thereafter the Hearing Officer, Mr. Larson ruled to grant Comprehensive Permit No.2014-046 to John J. Foley and Tracy J. Foley for 97 Old Town Road, Hyannis MA to allow for an existing detached apartment to.be used as an accessory affordable studio apartment unit as provided for in Chapter 9,Article II of the Code of the Town of Barnstable and in conformity to the following conditions and restrictions: 1. Occupancy of the affordable unit shall not exceed two(2)people. z. The total number of bedrooms on the property shall not exceed four. The.accessory unit is limited to that of a studio accessory apartment unit. This detached accessory building shall not be expanded in gross area or footprint unless pre-approved by the Hearing Officer after a hearing call to review any expansion: 3. Family member of the applicant/owner shall not at any time occupy the accessory unit. 4. All leases shall have a minimum term of one year and have provisions that require the tenant to provide any and all information necessary to verify eligibility with the Accessory Affordable Apartment Program including income information of the tenant and rent and utility payments. 5. All parking for the accessory apartment and the principal dwelling shall be on-site. Overnight on-street parking is expressly prohibited. 6. Accessory lodging or renting of rooms is prohibited for the duration of this Comprehensive Permit. 7. The applicant shall,within 6 months of the certification of this Comprehensive Permit by the Town Clerk; ■ execute a Regulatory Agreement and Declaration of Restrictive Covenants,as approved by the Town Attorney's Office,and ■ make application for a building permit with the Building Division for the accessory apartment, including revised plans reflective of this decision specifically Constancy Finding No.2. 8. It is the explicit intent that the applicant secure an occupancy permit and the unit be occupied by qualified tenant(s)as restricted by this comprehensive permit within one-year of the certification of the permit. The Building Commissioner and/or monitoring agent may extend this time for good cause. 9. To meet affordability requirements,the rent charged(including utilities)shall not exceed 30%of 8o% of the median income for a household for the Barnstable MSA(adjusted for family size). In the event that utilities are separately metered,the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 1o. The applicant shall engage in open and fair marketing of the unit and provide documentation of the activity to the Housing Coordinator,and information regarding the income level of any prospective tenant shall first be submitted and approved by the Housing Coordinator before any lease is signed. _. 4 Town of Barnstable;Zoning Board of Appeals w Decision Notice,Comprehensive Permit No.2014-046—Foley 11. Annually,the applicant shall work with the Housing Coordinator/Monitoring Agent to provide necessary information and documentation-of tenant income eligibility and conformance with the Accessory Affordable Apartment Program on an annual basis. 12. Whenever a vacancy occurs, notice shall be given to the Housing Coordinator/Monitoring Agent before reengaging the selection process previously cited. 13. The Housing Coordinator of the Growth Management Department shall be the monitoring agent for the accessory apartment. Annual monitoring shall include verification of tenancy, affordability, and compliance with Comprehensive Permit..The homeowner shallcover the cost for annually monitoring for Housing Quality Standards(HQS). The fee for the initial monitoring of affordability and annual. certification inspection of the accessory unit shall be the same as the Health Department HQS fee for the rental registration program. Currently that fee is$90.00: 14. Every twelve months the applicant shall review-the income eligibility of the tenant of the Accessory Affordable Apartment unit. No laterthan-a year from the date;of issuance of this Comprehensive Permit,the applicant shall file with the Housing Coordinator/Monitoring Agent;an annual affidavit stating the rent charged and income of the unit tenant along with supporting documentation. The property owners and/or tenant shall provide any additional information.deemed necessary to verify the information provided in the affidavit and annual monitoring documents. 15. Upon any report from the Housing Coordinator/Monitoring Agent that the terms.and conditions of this permit are not being upheld,the Hearing Officer of the Zoning Board of Appeals may hold a hearing to revoke this permit or cause enforcement action to be taken for compliance. 16. This Decision,the Regulatory Agreement and Declaration of Restrictive Covenants and all`other. necessary documents shall be recorded at the Barnstable County Registry of Deeds 17. Should ownership of the subject property transfer the permit holder identified herein shall notify the Housing Coordinator/Monitoring Agent and provide,within 6o days of the date of transfer,the name and current contact information for the new owner of the subject property: 18. This Comprehensive Permit shall be exercised as conditioned herein or it shall expire. Ordered: Comprehensive Permit Number 2014-046 is granted with conditions to John J. Foley and Tracy J. Foley for property addressed 97 Old Town Road, Hyannis MA.This permit is not transferable without prior permission of the Hearing Officer.The zoning relief issued in this Comprehensive Permit is that of a variance to Section 240-11(A)Principal permitted uses in a RB Zoning District to permit an accessory affordable studio apartment unit within a detached accessory building. A written copy of this decision will be forwarded to the Zoning Board of Appeals as required by the Town of Barnstable Administrative Code.Chapter 241,Section 11 (date transferred—October 16 ,2014). If after, fourteen(14)days from that transmittal and provided that the members of the Zoning Board of Appeals take no action to reverse the decision,this decision shall be filed with the Town Clerk's Office. It shall then become final only after 20 days has expired and certified by the Town Clerk that no appeal was filed on the decision. Appeals of this decision, if any,shall be made to the Barnstable Superior Court pursuant to MGL Chapter 4oA, Section 17,within twenty(20)days after the date of the filing of this decision in the office of the Town Clerk. The applicant has the right to appeal this decision as outlined in MG Chapter 4oB,Section 22. 5 Town of Barnstable, Zoning Board of Appeals; Decision Notice,Comprehensive Permit No.2014-046—Foley Craig G. Larson,Hearing Officer Date Signed I Ann Quirk,Clerk of the Town of Barnstable, Barnstable County, Massachusetts,hereby certify that twenty (20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed thik day of — under the pains and penalties of perjury. Ann Quirk,Town Clerk .`Nt�o •uj 68B! Aso" 1st q .ya dc�n Cry ' `1Fci'• ,i'r�t����`�� BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register 6 Bk 28667 P 129 --R-4 931 REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATO Y AGREEMENT an,d DECLARATION OF RESTRICTIVE COVENANTS,is made this Z" day of v` 20 � by and between John J. Foley and Tracy J. Foley of 97 Old Town Road, Hyannis,MA and its successors and assigns (hereinafter the"Owner',and the TOWN OF BARNSTABLE-(the"Municipality',a political subdivision of the Commonwealth; WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law.Chapter 40B and local regulations by the Zoning Board of Appeals to permit the creation of an accessory,apartment in an owner occupied dwelling which will be rented to a Low.or Moderate Income Person/Family(hereinafter "Designated Affordable Unit';and NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein,and other. good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties agree . as follows. -- - I. PROJECT-SCOPE AND DESIGN: A. The terms of this Agreement and Covenant regulate the property located at 97 Old Town Road, Hyannis, MA, as further described in a deed recorded herewith as.Barnstable County Registry of Deeds Book 21897 Page 120 B: The Project located at 97 Old Town Road,Hyannis,MA will consist of one accessory apartment unit which will be rented to an eligible low or moderate income individual or family(the`.`Designated Affordable Unit" or the"Unit'. C. The Owner agrees to construct the Project in accordance with the terms of comprehensive permit Appeal No. 2014-046 and any plans submitted therewith and all applicable state, federal and municipal laws and regulations. Said permit is recorded herewith as Barnstable County Registry of Deeds Book Page D. The Owner agrees to occupy.the principal dwelling unit located on the property as their principal residence in accordance with the terms of the comprehensive permit. H. THE OWNER'S COVENANTS AND RESPONSIBILITIES: A. THE OWNER HEREBY REPRESENTS,COVENANTS AND WARRANTS AS FOLLOW: 1 In receiving the comprehensive permit to create the Designated Affordable unit, the Owner agreed that the Designated Affordable Unit'sh-?ll be set aside in perpetuity for+he public purpose of provie�ingsafe and decent housing to persons earning.at or below 80%of the area median income of Barnstable Metropolitan Statistical A-tea(MSA) and that the Designated Affordable Unit shall be deemed to be impressed with a public trust 2. The Designated Affordable-Unit shall be rented in perpetuity to a household with a maximum income . of 80% of the Area Median Income.(AMI).of Barnstable MSA and that rent(including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable MSA. In the event.that utilities are separately metered, a utility allowance established by the Barnstable Housing Authority shall.be deducted from the rent level. 3. The Designated Affordable Unit will be retained as a permanent;year round rental dwelling unit with at least a one-year lease. . 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement 5. The execution and performance of this Agreement by the Owner will not violate or, as applicable,has not violated any provision of law,rule or regulation, or any order of any court or other agency or governmental body, and will not violate or,as applicable,has not violated any provision of any indenture, agreement,mortgage, mortgage note,or other instrument to which the Owner is a party or by"which it or the Owner is bound,will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. ..: The Owner,at the time of execution and delivery of"this Agreement,'has good,clear marketable title to the premises. 7. Thereis no action,suitor proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending, or, to the knowledge of the Owner,threatened against or affecting it, or any of its properties or rights,which;if adversely determined,would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Agreement) or would materially adversely affect its financial condition. B. COMPLIANCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full- C. I IN=ATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a household.with a maximum income of 80% or less of the Area Median Income(AMI) of Barnstable Metropolitan Statistical Area (MSA) and that rent(including utilities) shall not exceed an amount that is affordable to a household whose income is 80%of the median income of Barnstable MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent,as designated by the Town Manager,proof that the Designated Affordable Unit is rented, the tenant's income verification,a copy of the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by.a new tenant. The Owner shall notify the Monitoring Agent,as designated by the Town Manager,within thirty(30) days of the date that a tenant has vacated the Designated Affordable Unit. III. MUNICIPALITY COVENANTS AND RESPONSIBILITIES 1. The MUNICIPALITY,through the monitoring agent designated by the Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household with a maximum income of 80% or less:of the Area Median Income (AMI) of Barnstable MSA and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income.of Barnstable MSA.In the`event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. IV. RECORDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of registered land,file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court(collectively hereinafter the"Registry of Deeds"),and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling, as applicable, the Owner shall immediately transmit to the Municipality evidence of such recording or filing including the date and instrument,book and page or registration number of the Agreement 2 V. GOVERNING OF AGREEMENT: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing.and executed by all of the parties hereto; The invalidity.of any clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VI. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a party may from time to time designate by written notice. VH. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents,servants or employees which result in claims made against Munici ali and or its dele te'induditi but not limited to awardsjudgments;out-of out-of-pocket expenses and p tY / � g , P p attomep's fees necessitated by such actions. VHI. ENTIRE UNDERSTANDING: A. This Agreement shall constitute the entire understanding between the parties and any amendments or, changes hereto must be in writing,executed by the parties,and appended to this document B. This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed" to be for the public purpose of providing safe affordable housing and shall be deemed to be,_and.by these presents are,granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch.184, Section 26 which shall run with the land described in a deed recorded herewith as Barnstable County Registry of Deeds Book 21897 Page 120 and shall be binding upon the Owner and all successors in title. This Agreement is made for the benefit,of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest. The Municipality shall not be subject to the defense of lack of privity of estate. The covenants.and restrictions contained in`this Agreement shall be deemed,to affect the title to the property described in a deed recorded herewith as Barnstable County Registry of Deeds Book 21897 Page 120. IX. TERM OF AGREEMENT:_ The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and restrictions imposed herein. Such cancellation shall only take effect after: 1) expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2)notification by the Owner of said dwelling to the Zoning-Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land Court as the case may be,.thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit,the property which is the subject matter of this restrictive covenant shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. X. SUCCESSORS AND ASSIGNS: A. The Patties to this Agreement intend,declare,and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. 3 B. The Owner intends,declares, and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants, agreements and restrictions contained herein shall be and are covenants running with the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's successors in title, (it) are not merely personal covenants of the Owner,and(iii) shall bind the Owner,its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement XI. DEFA=: If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30) days after notice to the Owner thereof,then the Monitoring Agent may send notification to the Municipality that the Owner is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to'it: The Owner will pay all costs and expenses,including legal fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have a lien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such alien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the. Project or portion thereof. XII. MORTGAGEE CONSENT: The Owner represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of.this Agreement and to the terms and conditions hereof and that all such mortgagees have executed consent to this Agreement IN WITNESS WHEREOF,we hereunto set our hands and seals this a3 day of 20LS. OWNER BY: Signature Printed Name: off... , '�o� c COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: rd QOL Itd-dsgQ day of 201 before me,the undersigned notary public,personally appeared the Owner(s),proved to me through satisfactory evidence iden cation,whi6 were /V to be the person(s)whose name(s)is signed on the preceding or attached document and acknowledged to be that he/she signed it voluntarily for the stated purposes: SKYE L. GREEN _ Printed NOTARY PUBLIC 1v y Commission Expires: Commonwealth of Massachusetts 'r.MY Commission Expires July 2, 2015 r � . I J x J."t V t9 O e 00 toxiS TO .n W 1 �oiT 3 lox aO s [(< jL 1 � 1 o c r r y4r d P / I �O / 56�fiJ� f I F i s z i 1 � �J E l � E mc„n �ouScv � � � v o � J 6• ` 7i� f YP t ---------------- I 11/ Mrl �. � � f . n r • 1 w i i lc. Al IS s c? r ? - Lo j !_ c,Y t 1 i rf` t 11 a Town of Barnstable Health Inspector F1He r Regulatory Services Office Hours Off, g y 8:30—9:30 G� Thomas F.Geiler,Director 3:30—4:30 STAB . = Public Health Division 9 KAM. 1639. Aim Thomas McKean,Director �ArFD MA'S 200 Main Street,Hyannis,MA 02601 Office: 508-862-4644 Fax: 508-790-6304 AMNESTY PROGRAM APPLICANT — SEPTIC OUESTIONNAIRE Date:May 27,2014 1. General Information: Property Address: 97 Old Town Road Hyannis,MA 02601 Assessor's Map/Parcel Number:268-072 Size of Property: 0.35 acre lot Applicant(s)Name: John and Tracey J.Foley Applicant Address: PO Box 354 West Hyannisport,MA 02672 Home Phone: 508-989-6563 Email:jfoley@capecod.edu 2a.How many bedrooms exist at your property now?4 in main house 1 in accessory apartment—Homeowner states separate septic co system for accessory apartment—previously a family apartment w 1 2b.Are you planning to ad any bedrooms?NO If yes,how many? 0 ckf 2c. Howmanypedrooms total are proposed at this property(including the amnesty unit)?4(three in main house—I in apartment) 2d.Pleas`e inclbde a copy of;the floor plans for the entire property. Neatly use a straight-edge. Show all existing rooms in the u P'x ne home Sn°d therproposed amsty apartment. Provide width measurements of any open doorways. Please label each room clearl3;2 © "" cam: CJ 3. Is the dwelling connected to public sewer? Yes If the dwelling is connected to public sewer,skip questions#4 through#9 below. 4. Location of dwelling is OUTSIDE a Saltwater Estuary Protection Zone? 5. Location of dwelling is INSIDE a WP - Wellhead Protection District Zone of Contribution to public supply wells? 6. Is the dwelling connected to a PUBLIC WATER? 7. Is a disposal works construction permit on file? YES or NO 8. If yes,how many bedrooms were approved according to this permit? Bedrooms. 9. Were any building permits obtained for construction of additional bedrooms? YES or NO 10. Is there an engineered septic system plan on file at the Health Division? YES or NO 11. Has the septic system been inspected by a DEP certified inspector within the last two years? YES , or NO FOR OFFICE USE ONLY p The Public Health Division has no objection to property. �S bedrooms at thisA!�� Special Conditions: �e'Se(-o ,d Cl `'/r��" 1oc��cd r� p?Gonn�� p rem S� r.��e -5'6d nod--- t usetd -Pe, d c.6��- rpom cue- J � ),., kC � � ` an �����y �eifC'i1 7 U� -CQ l ine y,@,G,� } r^P�hre.J PV S�k Ci-71 "''6- Signed: —"" 1i Date: Z 7 4 f h �� �•- ✓ r J .� i t ! w. �. CY � z i� 0,0 l� II !7Z t r / r� t vi .� V, �f 9 S tt f k G y y it Wac 9:grt: A I -57A?�S 5.r F ql- VP To m v✓ + oA Lo{T / F /Ox 20 i te +l d Y r1eRTk a III ! 3 ! f vp rz LOCATION SE AGE PERMIT NO. VltLAG' E DS INWt L E R'S NAME a tit fy) 8 U I L D E R. -OR 'OWNER J ty D TE PERMIT ISSUE-D 12 ' Y , DATE COMPLIANCE ISSUED f �. ckv �r AsBuilt Page 1 of 1 LOCATION T ACE PERMIT NO. (3tct Tow VILLAGE S g NM hrtr} o�d. 12 r o f INS AtLER'S NAME i ADDRESS B U I L D E R OR OWNER DA T E P E R M I T I S S U E D IZ ly DATE COMPLIANCE ISSUED 1 /3 'eq 91 . 5vlyl� IM �. N http://issgl2/intranet/propdata/prebuilt.aspx?mappai=268072&seq=1 5/12/2,014 DEBARROSDATE Custo er: C Residential • Commercial • Industrial Address: Post Office Box 97 Marstons Mills, MA 02648 �3A08-428-1087 - FAX 508-428-1490 Phone: TOLL FREE 888-427-1087 �'`�:R�Ilil�'•1 0'Y .a' Z�S ,+ NM=aQ&= TERMS � _..; •ta s- =sr= ' LAM 1000 Gallon , d 1500 Gallon 2000 Gallon 2500 Gallon Other zz z' Labor Snake Jetting Materials Total r Total 1. Please send copies of your invoice. 2. Order is to be entered in accordance with prices,delivery and specifications shown above. 3. Notify us immediately if`you are unable to ship as specified. AUTHORIZED BY Town of Barnstable Geographic Information System May 12,2014 .. �.268083 �. #.116 #117 �� ,. 268084 #.104 268055 -1 #92' 268073. #.109 Sr-roll: all 268085 #94 01 268072 imp #97 268054 -#86 0 0 268071 268086 #85 #86 268069 #75 0 19 Feet 268U7U - #81 268087 #6� DISCLAIMERS:This map is for planning purposes only. It is not adequate for legal Map:268 Parcel:072 boundary determination or regulatory interpretation. Enlargements beyond a scale of Selected Parcel 1"=100'may not meet established map accuracy standards. The parcel lines on this map Owner:FOLEY,JOHN&TRACEY J Total Assessed Value:$295600 are only graphic representations of Assessor's tax parcels. They are not true property Co-Owner: Acreage:0.35 acres Abutters boundaries and do not represent accurate relationships to physical features on the map ,r rr Location:97 OLD TOWN ROAD such as building locations. Buffer •r�:�•r r Commonwealth of Massachusetts - Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments 97 Old Town Road - Main House Assessor's Map 268 Parcel 72 Property Address John and Tracey Foley Owner Owner's Name isrequired for every H annis (West H yannisport) MA 02672 June 20, 2014 page. City/Town State Zip Code Date of Inspection Inspection results must be submitted on this form. Inspection forms may not be altered in any way. Please see completeness checklist at the end of the form. Important:When filling out forms A. General Information on the computer, use only the tab 1. Inspector: key to move your cursor-do not David D. Coughanowr, IRS use the return Name of Inspector key. Environmental Company N Company Name P.O. Box 1265 Company Address West Chatham MA 02669 City/Town State Zip Code 508 364-0894 1328 Telephone Number License Number B. Certification 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 the inspection. The inspection was performed based on my training and experience in the proper function and maintenance of on site sewage disposal systems. I am a DEP approved system inspector pursuant to Section 15.340 of Title 5(310 CMR 15.000). The system: SiA OF Mqs ^is --f ® Passes ��' El Conditionally Passes ❑ Fails; DAVID tiG ❑ Needs F IN8 I` the Local Approving Authority k. t No. 28 TO TF S June 20, 2014 Inspector's Signature Date The system inspector shall submit a copy of this inspection report to the Approving Authority(Board of Health or DEP) within 30 days of completing this inspection. If the system 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 DEP. The original should be sent to the system owner and copies sent to the buyer, if applicable, and the approving authority. *""This report only describes conditions at the time of inspection and under the conditions of use at that time.This inspection does not address how the system will perform in the future under the same or different conditions of use. Vu v` t5ins•3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 1 of 17 Commonwealth of Massachusetts W Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments °M 97 Old Town Road - Main House Assessor's Map 268 Parcel 72 j Property Address John and Tracey Foley Owner Owners Name information is required for every Hyannis (West Hyannisport) MA 02672 June 20, 2014 page. City/Town State Zip Code Date of Inspection B. Certification (cont.) Inspection Summary: Check A,B,C,D or E/always complete all of Section D A) System Passes: ® I have not found any information which indicates that any of the failure criteria described in 310 CMR 15.303 or in 310 CMR 15.304 exist. Any failure criteria not evaluated are indicated below. Comments: Inspector's Note==> The septic system described herein is deemed to pass this Real Estate Transfer Inspection if it does not meet any of the failure criteria enumerated in Section D on pages 4-5, or specified by local regulations. No estimate or guarantee of system longevity is made or implied by a passing determination. System is over 40 years old yet continues to function hydraulically under current flow conditions. Owner states that sewer connection will be available within the next 2 years and has expressed willingness to connect when available. B) System Conditionally Passes: ❑ One or more system components as described in the "Conditional Pass" section need to be replaced or repaired. The system, upon completion of the replacement or repair, as approved by the Board of Health, will pass. Check the box for"yes",."no" or"not determined" (Y, N, ND) for the following statements. If"not determined,"please explain. : w , � t 4. The septic tank is metal and over 20 years old* or W&,septic tank'(wh'ether metal or not) is structurally unsound, exhibits substantial infiltration or exfiltration,or tank failure.is.jmminent. System will pass inspection if the existing tank is replaced with a complying septic tank'as approved by the Board of Health. "' O.:,..}. me, ;µ 3 t.01 *A metal septic tank will pass inspection if it is stru�cturall soun`dnot eakin y - ,; � g and if a Certificate of Compliance indicating that the tank is less than 20 yeaisold is;available. ❑ Y ❑•N ❑ ND (Explain below): t5ins•3/13 Title 5 Official Inspection Form:.Subsurface Sewage Disposal System•Page 2 of 17 i Commonwealth of Massachusetts W Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments ;M 97 Old Town Road - Main House Assessor's Map 268 Parcel 72 Property Address John and Tracey Foley Owner Owner's Name information is required for every Hyannis (West Hyannisport) MA 02672 June 20, 2014 page. City/Town State Zip Code Date of Inspection B. Certification (cont.) ❑ Pump Chamber pumps/alarms not operational. System will pass with Board of Health approval if pumps/alarms are repaired. B) System Conditionally Passes (cont.): ❑ Observation of sewage backup or break out or high static water level in the distribution box due to broken or obstructed pipe(s) or due to a broken, settled or uneven distribution box. System will pass inspection if(with approval of Board of Health): ❑ broken pipe(s) are replaced ❑ Y ❑ N ❑ ND (Explain below): ❑ obstruction is removed ❑ Y ❑ N ❑ ND (Explain below): ❑ distribution box is leveled or replaced ❑ Y ❑ N ❑ ND (Explain below): ❑ The system required pumping more than 4 times a year due to broken or obstructed pipe(s). The system will pass inspection if(with approval of the Board of Health): ❑ broken pipe(s) are replaced ❑ Y ❑ N ❑ ND (Explain below): ❑ obstruction is removed ❑ Y ❑ N ❑ ND (Explain below): C) Further Evaluation is Required by the Board of Health: ❑ Conditions exist which require further evaluation by the Board of Health in order to determine if the system is failing to protect public health, safety or the environment. 1. System will pass unless Board of Health determines in accordance with 310 CMR 15.303(1)(b)that the system is not functioning in a manner which will protect public health, 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 t5ins•3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 3 of 17 Commonwealth of Massachusetts W Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments ^M 97 Old Town Road - Main House Assessor's Map 268 Parcel 72 Property Address John and Tracey Foley Owner Owner's Name information is (required for every Hyannis port)annis Hy West Hy p ) MA 02672 June 20, 2014 page. Cityrrown State Zip Code Date of Inspection B. Certification (cont.) 2. System will fail unless the Board of Health (and Public Water Supplier, if any) determines that the system is functioning in a manner that protects the public health, safety and environment: ❑ The system has a septic tank and soil absorption system (SAS) and the SAS is within 100 feet of a surface water supply or tributary to a surface water supply. ❑ The system has a septic tank and SAS and the SAS is within a Zone 1 of a public water supply. ❑ The system has a septic tank and SAS and the SAS is within 50 feet of a private water supply well. ❑ The system has a septic tank and SAS and the SAS is less than 100 feet but 50 feet or more from a private water supply well**. Method used to determine distance: **This system passes if the well water analysis, performed at a DEP certified laboratory, for fecal coliform bacteria indicates absent and the presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5 ppm, provided that no other failure criteria are triggered. A copy of the analysis must be attached to this form. 3. Other: D) System Failure Criteria Applicable to All Systems: You must indicate "Yes" or"No"to each of the following for all inspections: Yes No ❑ ® Backup of sewage into facility or system component due to overloaded or clogged SAS or cesspool ❑ ® Discharge or ponding of effluent to the surface of the ground or surface waters due to an overloaded or clogged SAS or cesspool ❑ ® 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 t5ins-3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 4 of 17 f Commonwealth of Massachusetts W Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments °M 97 Old Town Road -Main House Assessor's Map 268 Parcel 72 Property Address John and Tracey Foley Owner Owner's Name information is ( y p )required for every ort Hyannis Hy West H annis MA 02672 June 20, 2014 page. City/Town State Zip Code Date of Inspection B. Certification (cont.) Yes No ❑ ® Required pumping more than 4 times in the last year NOT due to clogged or obstructed pipe(s). Number of times pumped: ❑ ® Any portion of the SAS, cesspool or privy is below high ground water elevation. ❑ ® Any portion of cesspool or privy is within 100 feet of a surface water supply or tributary to a surface water supply. r ❑ ® 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 water supply well with no acceptable water quality analysis. [This system passes if the well water analysis, performed at a DEP certified laboratory,for fecal coliform bacteria indicates absent and the presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5 ppm, provided that no other failure criteria are triggered.A copy of the analysis and chain of custody must be attached to this form.] ❑ ® The system is a cesspool serving a facility with a design flow of 2000gpd- 10,000gpd. ❑ ® The system fails. I have determined that one or more of the above failure criteria exist as described in 310 CMR 15.303, therefore the system fails. The system owner should contact the Board of Health to determine what will be necessary to correct the failure. E) Large Systems: To be considered a large system the system must serve a facility with.a design flow of 10,000 gpd to 15,000 gpd. For large systems, you must indicate either"yes" or"no"to each of the following, in addition to the questions in Section D. Yes No ❑ ❑ the system is within 400 feet of a surface drinking water supply ❑ ❑ the system is within 200 feet of a tributary to a surface drinking water supply. ❑ ❑ the system is located in a nitrogen sensitive area (Interim Wellhead Protection Area—IWPA) or a mapped Zone II of a public water supply well If you have answered "yes" to any question in Section E the system is considered a significant threat, or answered "yes" in Section D above the large system has failed. The owner or operator of any large system considered a significant threat under Section E or failed under Section D shall upgrade the system in accordance with 310 CMR 15.304. The system owner should contact the appropriate regional office of the Department. t5ins•3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 5 of 17 Commonwealth of Massachusetts W Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments °M 97 Old Town Road - Main House Assessor's Map 268 Parcel 72 Property Address John and Tracey Foley Owner Owner's Name information is (required for every Hyannis port)annis Hy West Hy p ) MA 02672 June 20, 2014 page. City/Town State Zip Code Date of Inspection C. Checklist Check if the following have been done. You must indicate"yes" u or no" as to each of the following. Yes No ® ❑ Pumping information was provided by the owner, occupant, or Board of Health ❑ ® Were any of the system components pumped out in the previous two weeks? ® ❑ Has the system received normal flows in the previous two week period? ❑ ® Have large volumes of water been introduced to the system recently or as part of this inspection? ® ❑ Were as built plans of the system obtained and examined? (If they were not available note as N/A) ® ❑ Was the facility or dwelling inspected for signs of sewage back up? ® ❑ Was the site inspected for signs of break out? ® ❑ Were all system components, excluding the SAS, located on site? ❑ ❑ Were the septic tank manholes uncovered, opened, and the interior of the tank inspected for the condition of the baffles or tees, material of construction, dimensions, depth of liquid, depth of sludge and depth of scum? ® ❑ Was the facility owner(and occupants if different from owner) provided with information on the proper maintenance of subsurface sewage disposal systems? The size and location of the Soil Absorption System (SAS) on the site has been determined based on: ® ❑ Existing information. For example, a plan at the Board of Health. ® ❑ Determined in the field (if any of the failure criteria related to Part C is at issue approximation of distance is unacceptable) [310 CMR 15.302(5)] D. System Information Residential Flow Conditions: Number of bedrooms (design): n/a Number of bedrooms (actual): 4 DESIGN flow based on 310 CMR 15.203 (for example: 110 gpd x#of bedrooms): n/a t5ins-3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 6 of 17 Commonwealth of Massachusetts W Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments °M 97 Old Town Road - Main House Assessor's Map 268 Parcel 72 Property Address John and Tracey Foley Owner Owner's Name information is (required for every annis ort annis HY West HY p ) MA 02672 June 20, 2014 page. City/Town State Zip Code Date of Inspection D. System Information Description: Age unknown—system predates Title V permitting regulation. Number of current residents: 2 Does residence have a garbage grinder? ❑ Yes ® No Is laundry on a separate sewage system? (Include laundry system inspection ❑ Yes ® No information in this report.) Laundry system inspected? ❑ Yes ❑ No Seasonal use? ❑ Yes ® No Water meter readings, if available last 2 ears usage d 220 gpd 9 ( Y 9 (gpd)): Detail: 2012: 75,553 gallons 2013: 85,278 gallons Sump pump? ❑ Yes ® No Last date of occupancy: Current Date Commercial/Industrial Flow Conditions: Type of Establishment: Design flow(based on 310 CMR 15.203): Gallons per day(gpd) Basis of design flow (seats/persons/sq.ft., etc.): Grease trap present? ❑ Yes ❑ No Industrial waste holding tank present? ❑ Yes ❑ No Non-sanitary waste discharged to the Title 5 system? ❑ Yes ❑ No Water meter readings, if available: t5ins•3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 7 of 17 r Commonwealth of Massachusetts Title' 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments ^M 97 Old Town Road - Main House Assessor's Map 268 Parcel 72 Property Address John and Tracey Foley Owner Owner's Name information is (required for every Hyannis port)annis Hy West Hy p ) MA 02672 June 20, 2014 page. City/Town State Zip Code Date of Inspection D. System Information (cont.) Last date of occupancy/use: Date Other(describe below): General Information Pumping Records: Source of information: owner Was system pumped as part of the inspection? ❑ Yes ® No If yes, volume pumped: gallons How was quantity pumped determined? Reason for pumping: Type of System: ❑ Septic tank, distribution box, soil absorption system ❑ Single cesspool ® Overflow cesspool ❑ Privy ❑ Shared system (yes or no) (if yes, attach previous inspection records, if any) ❑ Innovative/Alternative technology. Attach a copy of the current operation and maintenance contract(to be obtained from system owner) and a copy of latest inspection of the I/A system by system operator under contract ❑ Tight tank. Attach a copy of the DEP approval. ❑ Other(describe): t5ins-3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 8 of 17 Commonwealth of Massachusetts W Title 5 Official Inspection Form _ Subsurface Sewage Disposal System Form - Not for Voluntary Assessments ;M s 97 Old Town Road -Main House Assessor's Map 268 Parcel 72 Property Address John and Tracey Foley Owner Owner's Name information is (required for every Hyannis West Hyannisport) MA 02672 June 20, 2014 page. Cityrrown State Zip Code Date of Inspection D. System Information (cont.) Approximate age of all components, date installed (if known) and source of information: Age unknown—system predates Title V permitting regulation. Were sewage odors detected when arriving at the site? ❑ Yes ® No Building Sewer(locate on site plan): Depth below grade: feet Material of construction: I ® cast iron ❑ 40 PVC ❑ other(explain): Distance from private water supply well or suction line: feet Comments (on condition of joints, venting, evidence of leakage, etc.): Sewer line appears structurally sound with no evidence of leakage or backup into dwelling. Septic Tank(locate on site plan): Depth below grade: feet Material of construction: ❑ concrete ❑ metal ❑ fiberglass ❑ polyethylene ❑ other(explain) If tank is metal, list age: years Is age confirmed by a Certificate of Compliance? (attach a copy of certificate) ❑ Yes ❑ No Dimensions: Sludge depth: t5ins-3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 9 of 17 Commonwealth of Massachusetts W Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments �M 97 Old Town Road - Main House Assessor's Map 268 Parcel 72 Property Address John and Tracey Foley Owner Owner's Name information is (required for every annis ort annis Hy West Hy p ) MA 02672 June 20, 2014 page. City/Town State Zip Code Date of Inspection D. System Information (cont) Septic Tank(cont.) 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 were dimensions determined? Comments (on pumping recommendations, inlet and outlet tee or baffle condition, structural integrity, liquid levels as related to outlet invert, evidence of leakage, etc.): Grease Trap (locate on site plan): Depth below grade: feet Material of construction: ❑ concrete ❑ metal ❑ fiberglass ❑ polyethylene ❑ other(explain): Dimensions: Scum thickness Distance from top of scum to top of outlet tee or baffle Distance from bottom of scum to bottom of outlet tee or baffle Date of last pumping: Date t5ins-3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 10 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments 97 Old Town Road -Main House Assessor's Map 268 Parcel 72 Property Address John and Tracey Foley Owner Owner's Name information is required for every annis ort Hyan nis (West Hy p ) MA 02672 June 20, 2014 page. City/Town State Zip Code Date of Inspection D. System Information (cont.) Comments (on pumping recommendations, inlet and outlet tee or baffle condition, structural integrity, liquid levels as related to outlet invert, evidence of leakage, etc.): Tight or Holding Tank (tank must be pumped at time of inspection) (locate on site plan): Depth below grade: Material of construction: ❑ concrete ❑ metal ❑ fiberglass ❑ polyethylene ❑ other(explain): Dimensions:. Capacity: gallons Design Flow: gallons per day Alarm present: ❑ Yes ❑ No Alarm level: Alarm in working order: ❑ Yes ❑ No Date of last pumping: Date Comments (condition of alarm and float switches, etc.): *Attach copy of current pumping contract(required). Is copy attached? ❑ Yes ❑ No l5ins-3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 11 of 17 Commonwealth of Massachusetts W Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments 97 Old Town Road - Main House Assessor's Map 268 Parcel 72 Property Address John and Tracey Foley Owner Owner's Name information is Hyannis West H annis ort MA 02672 June 20, 2014 required for every Y ( Y p ) page. Cityrrown State Zip Code Date of Inspection D. System Information (cont.) Distribution Box(if present must be opened) (locate on site plan): Depth of liquid level above outlet invert Comments (note if box is level and distribution to outlets equal, any evidence of solids carryover, any evidence of leakage into or out of box, etc.): Pump Chamber(locate on site plan): Pumps in working order: ❑ Yes ❑ No* Alarms in working order: ❑ Yes ❑ No* Comments(note condition of pump chamber, condition of pumps and appurtenances, etc.): * If pumps or alarms are not in working order, system is a conditional pass. Soil Absorption System (SAS) (locate on site plan, excavation not required): If SAS not located, explain why: t5ins-3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 12 of 17 Commonwealth of Massachusetts W Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments wM 97 Old Town Road -Main House Assessor's Map 268 Parcel 72 Property Address John and Tracey Foley Owner Owner's Name information is ( y p )required for every ort annis Hy West H annis MA 02672 June 20, 2014 page. City/Town State Zip Code Date of Inspection D. System Information (cont.) Type: ❑ leaching pits number: ❑ leaching chambers number: ❑ leaching galleries number: ❑ leaching trenches number, length: ❑ leaching fields number, dimensions: ® overflow cesspool number: 1 ❑ innovative/alternative system Type/name of technology: Comments (note condition of soil, signs of hydraulic failure, level of ponding, damp soil, condition of vegetation, etc.): There are 2 cesspools in series for this dwelling. The second, or overflow cesspool is described here in this section. The first, of primary cesspool is described in the following section (Cesspools) below. Approximately 30 inches of capacity remained between the effluent level and the bottom of the inlet pipe on the day of inspection. I Cesspools (cesspool must be pumped as part of inspection) (locate on site plan): Number and configuration 2 total - 1 primary, 1 overflow Depth—top of liquid to inlet invert At outlet invert Depth of solids layer few inches Depth of scum layer none Dimensions of cesspool 5 ft x 5 ft approx Materials of construction concrete block Indication of groundwater inflow ❑ Yes Z No t5ins•3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 13 of 17 Commonwealth of Massachusetts W Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments �M 97 Old Town Road - Main House Assessor's Map 268 Parcel 72 Property Address John and Tracey Foley Owner Owner's Name information is required for every Hyannis (West.Hyannisport) MA 02672 June 20, 2014 page. City/Town State Zip Code Date of Inspection D. System Information (cont.) Comments (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.): Both cesspool had been pumped in May. Liquid level.in primary was at outlet invert with no lush vegetation observed. NOTE ON BLOCK CESSPOOLS— Block cesspools consist of concrete blocks arranged in a beehive formation and are held in place by gravity and soil pressure. Driving vehicles over or near block cesspools could potentially destabilize the structure and lead to collapse. DO NOT DRIVE VEHLICES OF ANY SORT NEAR CESSPOOLS. Privy(locate on site plan): Materials of construction: Dimensions Depth of solids Comments (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.): t5ins-3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 14 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments 97 Old Town Road- Main House Assessor's Map 268 Parcel 72 Property Address John and Tracey Foley Owner Owner's Name information is P � y required for every Hyannis Hy West H annis ort MA 02672 June 20, 2014 page. City/Town. State Zip Code Date of Inspection D. System Information (cont.) Sketch Of Sewage Disposal System: Provide a view of the sewage disposal system, including ties to at least two permanent reference landmarks or benchmarks.Locate all wells within 100 feet. Locate where public water supply enters the building. Check one of the boxes below: ® hand-sketch in the area below ❑ drawing attached separately LOC ATIOoNSS -OF SEPTIC COMPONENTS DISTANCES IN DECIMAL FEET 2 OVERFLOW A B CESSPOOL 1 5 21 2 13 31 A 1 PRIMARY CESSPOOL THIS SKETCH IS BEST VIEWED IN COLOR FORMAT 8 LSW§ST§ V Q DVVELUNG W NJ . � W - Q 508 364-0894 OLD OWN ROAD l5ins•3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 15 of.17 Commonwealth of Massachusetts W Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments ^M 97 Old Town Road -Main House Assessor's Map 268 Parcel 72 Property Address John and Tracey Foley Owner Owner's Name information is ( Y P )required for every ort Hyannis HY West H annis MA 02672 June 20, 2014 page. City/Town State Zip Code Date of Inspection D. System Information (cont.) Site Exam: ❑ Check Slope ❑ Surface water ❑ Check cellar ❑ Shallow wells Estimated depth to high ground water: 18 feet Please indicate all methods used to determine the high ground water elevation: ❑ Obtained from system design plans on record If checked, date of design plan reviewed: Date ❑ Observed site (abutting property/observation hole within 150 feet of SAS) ❑ Checked with local Board of Health -explain: El Checked with local excavators installers- attach documentation ® Accessed USGS database-explain: Barnstable GIS Department records You must describe how you established the high ground water elevation: Town of Barnstable GIS Department records indicate that the.property is 18 feet above the groundwater table. Before filing this Inspection Report, please see Report Completeness Checklist on next page. t5ins•3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 16 of 17 Commonwealth of Massachusetts _ Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments M 97 Old Town Road -Main House Assessor's Map 268 Parcel 72 Property Address John and Tracey Foley Owner Owner's Name information is ( p )required for every Hyannis West Hyannis ort MA 02672 June 20, 2014 - page. City/Town State Zip Code Date of Inspection E. Report Completeness Checklist ® Inspection Summary: A, B, C, D, or E checked ® Inspection Summary D (System Failure Criteria Applicable to All Systems) completed ® System Information- Estimated depth to high.groundwater ® Sketch of Sewage Disposal System either drawn on page 15 or attached in separate file GEOHYDROLOGICAL PROFILE - NOT TO SCALE 41 00 BOTTOM OF CESS POOL `LEACHING I5 ABOVE HIGH GROUNDWATER GROUNDWATER ELEVATION. PER GIS MAPS t t5ins 3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 17 of 17 McKean, Thomas From: McKean, Thomas Sent: Friday, May 30, 2014 9:17 AM To: Dabkowski, Cindy Subject: 97 Old Town Road Good Morning Cindy, In regards to the recent application for 97 Old Town Road, there are two septic systems on this property. Will you please request the applicant to hire a septic system inspector-to conduct an inspection of the older system connected to the main house?(which appears to be very old pre-Title 5) It might"pass" inspection but we do not know what it actually consists of(cesspools?), what condition it is in, and whether it has structural integrity(is it a potential safety hazard?). 1 �, Town of Barnstable Regulatory Services Barnstable THE ti�P� tio� Thomas F. Geiler, Director Ab4mericaCity * Public Health Division --�- BARNSTABLE, •«,..- 9 MASS. Thomas McKean, Director 2007 ; i639. A`0 200 Main Street Ep�� Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 May 5, 2009 John & Tracey J. Foley P.O. Box 354 W. Hyannisport, MA. 02672 RE: Assessors (map-parcel) 268-072 As of October 1, 2006 a new rental registration ordinance was put into affect requiring all property owners of rental units to register their rental units with the Town of Barnstable Health Division. According to our records, you own the rental property at 97 Old Town Road Hyannis, MA. 02601. Enclosed is an application. Please use a separate application for - each rental unit you own. Should you need more applications, they are available online at www.town.barnstable.ma.us. Go to the Health Division page by looking in the Department Menu. There is a link to the Rental Registration information on the Health Division page. You . may print out as many as you need, and return them to the Health Division with the appropriate 2008 fees included. Please contact me or the Division Assistant to schedule inspection of the property as soon as possible. If there are tenants presently occupying the property please provide the contact information being sure to include a daytime phone number for all tenants. For your use an occupant's permission form has been included to allow for inspections to be performed in the tenant's absence. Failure to comply with this ordinance will result in the issuance of a non-criminal ticket citation in the amount of$100. Each day of non-compliance is considered a separate offense. ---- Should you have any questions, please feel free to call 508-862-4072. Thank you in ---- advance for your cooperation. -- Teresa Wright Division Assistant Health Division Direct#508-862-4072 Town of Barnstable �oF1HE Teti Department of Health,Safety and Environmental Services Public Health Division BARNSTABM ` P. O.Box 534,Hyannis,MA 02601 9 MASS. g t6;9. ♦0 Office: -4644 Thomas A. McKean,RS,CHO FAX: 508-790-6304 Director of Public Health Ms. Marlyn_Smith TENANT: Mr. Joseph Civetti 97 Old Town Rd. - 97 Rear Old Town Rd. Hyannis,MA 02601 Hyannis,MA 02601 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00,STATE SANITARY CODE 11, MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE RENTAL ORDINANCE,ARTICLE 51 The property owned by you located at 97 Old Town Rd:Hyannis1MA. 02601 was inspected on 11/20/2001 by Edward Barry,Health Inspector for the Town of Barnstable, because of a complaint. The following violations of 105 CMR 410.00,State Sanitary Code H,Minimum Standards of Fitness for Human Habitation were observed: 410-551 No full screens on windows 410-200 Insufficient heat in living room 410-500 Water stains on timbers in living room. Tenant said that was due to roof leaking. Insulation showing through wall in living room;paneling missing. Treads and risers for stairs going upstairs improperly sized. Egress to downstairs bedroom partially blocked. 410-253 Wall plugs inoperative, exterior light for front door inoperative,that tenant said that the fuses in the electrical panel are constantly tripping. 410-481 The rental unit does not have a 20 sq inch sign bearing the name, address and the . telephone number of the owner. You are directed to correct the violations ABOVE within TWO WEEKS of receipt of this notice. You may request a hearing if written petition requesting it is received by the Board of Health within seven (7)days after the date order is received. However,these violations.must be corrected regardless of any request for a hearing. Please be advised that failure to comply with an order could result in a fine of not more than $500. Each separate day's failure to comply with an order shall constitute a separate violation. PER ORDER OF THE OARD OF HEALTH Thomas A. McKean 61 erector of Public Health V.& Q:/health/wpfiles/nuic#1 Y `'1 \ 1. J�.�/•I f u W 1 L j I f � � r l � r- L O CATION S E A G E PE RMIT NO. VILLA�tGE INS AtLER'S NAME i ADDRESS Oe n n', S B U I L D E R OR OWNER DA T E P ERMIT ISS.0 E D DATE COMPLIANCE ISSUED f jrq 31 �� 2q I � THE ,COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH / Ikr-+Ino.......�'211k.........O F.......................................................... ..... ..IE:- -a 7 2 G.r-A Appliratinn for Bhiposal Works Tnnitrnr#inn lirrmit Application is hereby made for a Permit to Construct ( �or Repair ( ) an Individual Sewage Disposal System at: pp ----•---•--•••..........-•............................................••-- .......... ...--............................................................................................ Loca,ion-kddres or Lot No. `j�_Gc M.?.. . ............................ ..........--•--.......----............. .--••--....----.....--------........................ Owner ddress( ...........�� l.lC���1�4h �• ?s. �i�.... ......._.. a .. ............... Installer Address Type of Building Size Lot............................Sq. feet V Dwelling—No. of Bedrooms... Attic ( ) Garbage Grinder (44 ) '4 Other—Type of Building No. of persons............................ Showers — Cafeteria a Other fixtures --------------------•---•_-----.. . W Design Flow............................................gallons per person per day. Total daily flow............................................gallons. W Septic Tank—Liquid capacity............gallons Length................ Width................ Diameter................ Depth................ Z . Disposal Trench—No. .................... Width.................... Total Length.................... Total leaching area....................sq. ft. Seepage Pit No...................... Diameter.................... Depth below inlet.................... Total leaching area..................sq. ft. Z Other Distribution box ( ) Dosing tank ( ) Percolation Test Results Performed by.........................................................:............ ..... Date........................................ aTest Pit No. 1................minutes per inch Depth of Test Pit.................... Depth to ground water........................ Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth to ground water........................ a --•-...•••-•--------•-•••---•--•-••••-•-•••---••------•----------•........................................................................................... 0 Description of Soil..............................................••-----•----•--•---------•-----.........---•--•---------------------------------•-------------------------._.............. x • ------------ -------------••---.................__...._...---•------•-............--•---.........._..............' U Nature of Repairs or Al erations—A saver when applicable.....020-V -��._.. +Fs!l_14,._..._t.J-i .......�o�...�44.�� --------------------•-•-•••--- VSw--------------..-------------------------------------------------..------.--------------..-.-----------------------.--.-.------ Agreement: The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of iITLL 5 of the State Sanitary Code— h ndersigned further a rees not to place the system in operation until a Certificate of Compliance has en issu b the bq�r� o"Th. e �_'.. f .__. .._Z.. Application Approbed Y-- •---•--•-•----•--- •••..............• -•----------•--------------•- -•��•.l. --.�....--- •--......-•----..... Date Application Disapproved or t following reasons:................................................................................................................ -•...............••--••-----•---•---•-------•-------------•--.....--•••----•--.......-----•--..........--•---•----------•--.........•••••••••-•----•--•-----•--•-•---•-- .•••---••••••--•---.......-••-- Date PermitNo......................................................... Issued......................................................... Date No ;.._....., ... Fps..%:...................... THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH . ...... ............OF.......................................................................................... Appliratiun for Dhipa ial Workii Tomitrurtion rrutit Application is hereby made for a Permit to Construct ( Vr or Repair ( ) an Individual Sewage Disposal System at �°�. Ltd TawsKA.............At .......... --------------------------------------------------------------------•---- ................. Location Addres or Lot No. .........' .....r1 A....... .ran- t..�— ------------------------------ ------------------------•-------...--- ------•-----........---.....---...---..•........... Owner Address a ..........� � _:..._._W9.s�s� Q ................ All---'4clmn\gAK� C:.......�.:i .fl��S Installer Address Type of Building Size Lot............................Sq. feet Dwelling—No. of Bedrooms..........3—_------•-•----_--_•--_--___•Expansion Attic ( ) Garbage Grinder ( ) aOther—Type of Building ............................ No. of persons............................ Showers ( ) — Cafeteria ( ) Q' Other fixtures ................................. . W Design Flow............................................gallons per person per day. Total daily flow............................................gallons. WSeptic Tank—Liquid capacity............gallons Length................ Width................ Diameter................ Depth................ x Disposal Trench—No. .................... Width.................... Total Length.................... Total leaching area....................sq. ft. Seepage Pit No---------- ------ Diameter.................... Depth below inlet.................... Total leaching area..................sq. ft. Z Other Distribution box ( ) Dosing tank ( ) Percolation Test Results Performed by.......................................................................... Date........................................ aTest Pit No. 1................minutes per inch Depth of Test Pit.................... Depth to ground water........................ G14 Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth to ground water........................ 9 ••-•-•-•-•••--------------••-•-•••-•-••••••-•-•••••••••---•-------•....................._.._......-•................................................:......... 0 Description of Soil........................................................................................................................................................................ x U -•••--•-••--•••-•••-••----••--•••-•---•••-••••-•••••••••••-•••••----------••-------••.........-•-•--••--...•-•-•••••-•--•--•••-----------•-•••••••••-•--•--•---•-•••----•................•--••-....•--•- x ----••-------- ----------------------------•---••••----------------•••-•---..._..-•-•---••-••......----•--••-•••. --•---------.fit -•----............. U Nature of Repairs or AIL wer when applicable..... ...... ___ G. i Ch.G L n �` --------------- Agreement: The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of TITLE 5 of the State Sanitary CodJ— h ndersigned further a rees not to place the system in operation until a Certificate of Compliance has Been isthe b�aird of jlie alth.f! . Da[e ea Srg ned Application Approved •� ...... er�`�...............••--•---------•- /?- f .t ....... Date Application Disapproved r tl�F following reasons---------------------------------------------------------------•-------------•--•---------- •----•--••-------- •-----•----•••-•--••••-••-•-•-•••----•--•••--•--------••-•-•-•••••--••--••------••.............•-•--••••-----------•------•--•-----•--•-------•-•--•--•--------••-••••••---••---•.......-•••--------••-- Date —' PermitNo......................................................... Issued....................................................... Date THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH ....:.....................................OF..................................................................................... CIrrtif iratr of Tompliatta T, ISfI�S,r CERTIFY, That the Individual Sewage Disposal System constructed ( ) or Repai by.. (C ... - ...............................•---•----......------•--...-----•-------------•----.........•........--•----•--.. ...... Installer at. r' �: \`{"ESL"5 "'f.. ,,� •-----• ..--.•........ has been installed in accordance with the provisions of T LF 5 j he State Sanitary Code,as�describp in the application for Disposal Works Construction Permit N ............. dated__. ._.._.._...._ THE ISSUANCE OF THIS CERTIFICATE SHALL NOT BE CONSTRU AS A GUARANTEE THAT THE SYSTEM WI N TION SATISFACTORY. DATE-•••1 -1••-f -----•-----.....•--•••----•----...--•--•--••-•---•-••... Inspector... •-• ---•.................••-•--.......-•--.._.............•-••....-•••--••. THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH r� ..............OF.................................................................I.................... N1....._. FEE..--..---............... Ru11uuttl orkli Tonutrnrtion rrmit Permission is hereby granted••..`'`` (?,ter! . .....--•---••--.----•-------------••-------••-------•---------------------.......-----••---.............•...... to Construct_(. �). o�;�Rf pair^'( a Idi:Gidual Sewage Disposal System atNo...... -•- t........:......•--•--....---•---•-•.------••---------------------••---- ---------------•---------------•------------ Street as shown on the application for Disposal Works Construction Permit N . ............. Dated.......................................... ......... .......•• -• •••---•------•--••--•--------•---•••••••......-----•-•••••......•--•-•••.•-•-- Board of Health DATE................................................................................ FORAM 1255 A. M. SULKIN, INC., BOSTON a ASSESSORS MAP : ��� ' PARCEL: '-1 Z TEST HOLE LOGS 1) The installation shall comply with the State Environmental Code Title V and Town of?K M�- ti —7 � Board of Health Regulations. FLOOD ZONE: SOIL EVALUATOR: 11� 2) The septic system as proposed on this plan shall not be installed until a licensed town installer WITNESS REFERENCE: •"' � Z t receives approval and an installation permit from the applicable town. �' i ► DATE: T9e� ' Z:a ) verify 3 Prior to installation,the installer shall veri the location of utilities,sewer inverts,sewer lines PERCOLA7 I ON RATE• z 1. / and existing septic components prior to installation. - l/ � 4) All gravity sewerp•pt g is to be 4 inch schedule 40 PVC at 1/8" per foot. The first 2 feet out of TH- I >TH-2 the distribution box shall be level. All piping connections to be glued. V I 5) This septic design plan is not to be utilized for property line determination or for an other � � �•�f � � �� � � p g p p p Y • Y purpose other than the proposed septic system installation. 6) All Title V components are to meet Title V specifications.ownwil ' 7) Parking shall be prohibited over Title V components unless components are H2O loaded. LOCATION MAP -� __. _ 'ToW 36 �O � 8) The existing leaching or cesspools shall be pumped and filled with material per Title V abandonment procedures. Leaching and cesspool(s)and contaminated soils within the ' 'rs proposed SAS shall be removed and replaced with clean sand per Title V specifications. 1 /D`-f�-7� 9) Septic components are to be 10'from a water service line.Sewer lines crossing a water line shall / fappropriately be sleeved with an sized schedule 40 PVC with ends grouted. The water service � Lklin 1 r line or the septic line can be sleeved with the sleeve being a distance of 10'on both sides of crossing the line., 0 - {-� 10 garbagegrinder exists in the structure it is to be removed if the/ If a g septic system is not r 9+� designed to accommodate a garbage grinder. SEPT ` 11) The installer is responsible for care of excavation around all utilities on the property and P T I SYSTEM DESIGN protecting the structural integrity of all structures during the installation process of the septic I _ system. w FLOW ESTIMATE MATE 12) This plan only represents that a septic system.can be installed on the property meeting Title V 2 � requirements. 1 0 `� BEDROOMS A f��GAL/DAY/BEDROOM - GAL/DAY (p� , Owl,/ -2z 13) The property owner shall review design criteria to approve the total number of bedrooms and I �f �_ -SEPTIC—TANK- 0 — i design flow.Installation of the septic system as proposed and receipt of payment for the design M 1 , shall be deemed approval of the design criteria by the property owner or agent of. uAL/DAY x 2 DAYS � {/ GAL 14) The validity of this plan shall expire with the expiration of the town installation permit issued for V USE A this plan or the validity of this plan shall expire on the expiration of the Certificate of Compliance GALI.ON SEPTIC TANK issued for the installation of the proposed p p .system on this plan. I tip � 101!uq)�11 A ut-�Tq4 5 o -� ii 0 I I S I DE AREA: ► Z>C ►1 = �tN OF tiigss9 • .BOTTOM AREA: , '15' o� . DAVID N 4, 0 SEPTIC SYSTEM SECTION �s ow ID U i GAL -Ilen I� I � `� D ��� ��� ,-- %'��►�1�W ti`_�TJ � �- l` � `fir � 40 SEPTIC TANK U V ' 21 r 6 `�u7! W_ 00 _��_ ,_ . �'fC'i - _ ►iP. SITE AND SEWAGE PLAN j J LOCATION : 9 0L1,7 -fb\N i awl l Cr PREPARED FOR : SCALE: zI L ,, „ DAVID B . MASONX DATE:L ZD DBC ENVIRONMENTAL DESIGNS DATE HEALTH AGENT