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HomeMy WebLinkAbout0432 SEA STREET UNIT BLDG 4 UNIT 4A - Health 432 Sea St 306-184 Hyannis TOWN OF BARNSTABLE FUEL AND CHEMICAL STORAGE REGISTRATION MAP NO. PARCEL NO. ADDRESS OF TANK: a4 t!� O t:�r"A tl d E4 5, ;4 5-Q, L)l').0_, VILLAGE: j�� �F N.� ►U �a Number •Qr�t -I II MAILING ADDRESS ( IF DIFFERENT FROM ABOVE) : ( l � fizi +'� flJ� c IlMo)610 OWNER NAME: ASSon i rA Z fQlJ PHONE:- INSTALLATION DATE: BY: A Orr) 12/nU! INSTALLER ADDRESS: 0" 1.47 ft-ft-ft) 01 [� f / � CERT.NO. *TANK LOCATION: Loci4-Tj;,:0 /+`7' l0X00RI{� TANK LOCATION WITH MKWPKCT TO a u 1 DIN CAPACITY_ TYPE OF TANK J AGE YRS. FUEL/CHEMICAL TESTING CERTIFICATION [ ] PASS [ ] FAIL DATE LEAK DETECTION [v� CHECK IF N/A TYPE/BRAND ZONE OF CONTRIBUTION [ ] YES [ ] NO DATE TO BE REMOVED FIRE DEPT. PERMIT ISSUED CvA YES [ ] NO DATE CONSERVATION [CHECK IF N/A DATE BOARD OF HEALTH TAG N0. [ �`� ] DATE * PLEASE PROVIDE A SKETCH SHOWING THE TANK LOCATION ON THE BACK OF THIS CARD O ' t� t� r lik 4 QA i Cl -26 Pa 4 _ l � ` 0 �oFtNETo� TOWN OF BARNSTABLE � r OFFICE OF MA6&BAHII BOARD OF HEALTH �ppA 1639. �o MAY k. 367 MAIN STREET HYANNIS, MASS. 02601 February 17, 1982 - Mr. Coleman Seely 432 Street Street - P. 0. Box 118 The Breakwaters Hyannis, Ma. Dear Mr. Seely: We accept the conditions outlined in your letter of February 4, 1982 , in regards to the upgrading of your on-site sewage systems at Breakwater Cottages, 432 Sea Street, Hyannis. However, we do reserve the right to suspend the use of any cottage whose on-site sewage system gives evidence of failure as determined by our inspectors. . Paragraph 4, of Page 21 of your letter agrees to this condition. This suspension will be lifted when the septic system is upgraded to meet State and local health and environmental regulations. Please sign Page 3 of your proposed letter concerning the holding of $11,000 in escrow by the Town Treasurer. Please call if you have .any questions. Very t my , er C ilds� airman Ann Jari�' shbaug U H. F. Inge, M. D. BOARD OF HEALTH TOWN OF BARNSTABLE JA MK/mm cc: Mr. Bernard T. Kilroy Town Counsel I - D MYCOCK, KILROY, GREEN & McLAUGHLIN, P. C. / ATTORNEYS AT LAW 171 MAIN STREET BERNARD T. KILROY HYANNIS, MASSACHUSETTS 02601 OF COUNSEL ALAN A.GREEN AREA CODE 617 EDWIN S•MYCOCK • CHARLES S.McLAUGHLIN,JR. 771-5070 MICHAEL D.FORD ADDRESS ALL MAIL * ANITA J•MCCARTHV P.O•Box 960 HYANNIS, MASS. 02601 REFER TO FILE# 81-404 January 29, 1982 Bruce P. Gilmore, Town Counsel Town of Barnstable Town Hall Hyannis, MA 02601 Re : Mr. and Mrs. Coleman Seely/Breakwater Cottages Sea .Street, Hyannis Dear Bruce: Enclosed please find an estimate by Mr. William E. Robinson of A & B Cesspool Service indicating that the cost of bringing the cottage property into compliance with the Title` 5 standards would be $11,000. 00. I would like to meet with you at your earliest convenience to work out the language for an escrow agreement whereby the Seely§.;would deposit with the Town a bank passbook in a sum acceptable to :the Town to secure the Seelys obligation - to bring the septic system up to Title 5 standards pursuant to .the recent Board of Health regulation concerning conver- sions to condominium type ownership. I would also like to learn whether or not the Town would require the work to be done if the Seelys decided to take the property out of the operation• of the condominium statute. You suggested that a . .,meeting with Mr. Kelly to review the current status of the septic system would be an important ingredient in your decision. Would you kindly contact me when you have arranged to meet with Mr. Kelly so that we can finalize this matter. Very truly yours, Bernard T. Kilroy I BTK/slc Enclosure A a y Cesspool Service 128 71a522s Terrace . . TP.is, '111A 02601 Jam ar 20, I/82 §£. CoTe 2 Seeley See Sty e< y esEio2 . @qis , . 02§01 Dear Sir- . S.2T 6a a the s tt se/tiG s3 ems at 3 a male= C 'Ge§ s2ec2£ica lens the ? n o£ z stagy g Board Seal15 and 2 22 / o£ %be State Sanitation Code. mh sa�:e eJ fiEsr for i. c 2let:oc e ($I1 I 0attics-00 xo'4 a{- w ` :m 15 ' J I s ,00 . ) i e t�2e`nc y£e'zately s lew p, z ~ f1y3 s of m efia; la5oz. tes{zo«2 c112, . .:22=a2 2. 8,?1 @!, Sr. ty� I ._......,... ..... _ ....._.,a A..,..a...�....... .:,..... n...,..._......4...�-_......,......,n.,«.........�,,.....yts'vc...':iz:;d.7.....,....w.n.sFi..�._...m..,..�...._.u........... _y_..:w' ....____�am....__........�..�..... .�i.. �. ., �.e o.... N Al February 4, 1982 j Board of Health Town of Barnstable 367 Main Street Hyannis, Massachusetts 02601 ATTENTION: Robert Childs, Chairman RE : Breakwater Cottages, 432 Sea Street, Hyannis Dear Mr. Childs: As you are probably aware, we have recently converted our cottages to two condominiums entitled "The Breakwaters Cottage Condominium" and "The Breakwaters South Condominium". We were recently made aware of your new regulation which became effective on August 27, 1981, a copy of which is attached hereto. Since that regulation was not in effect at the time we made the conversion of our cottages to condomin- iums we had not made plans in our budget for the updating of our septic systems. When we recently applied for a building permit to make a few minor changes iri closet space in some of the buildings, we were informed that your Board was requiring us ,to update our septic systems. Since we have shutdown our rental operation to allow us to make these renovations our rental income has ceased, and we would ask the Board to allow us to. obtain the building permit, make the renovations and operate our cottages for the coming summer season, giving us until November 30, 1982 to complete the installation of the upgraded septic systems. Board of Health Town of Barnstable February 4, 1982 Page 2 To ensure our promise to upgrade the septic systems, we are herewith depositing with you our Cape Cod Bank & Trust Company passbook with a deposit balance of Eleven Thousand ($11, 000. 00) Dollars endorsed to Francis A. Lahteine, Treasurer of the Town of Barnstable, to be held by him pursuant to the terms herein set forth. In consideration for your allowing us to postpone the installa- tion date of the upgraded septic systems, approving the issuance of building permits for the renovations above-referred to and allowing us to operate the cottages for the coming summer season, we, the undersigned, hereby undertake to upgrade the septic systems in the above-described property in accordance with the attached Board of Health regulation, said upgrading to be completed on or before November 30, 1982. In the event that we have not sold any condominium units before October 1, 1982, and we so notify your Board in writing on or before that date that we have not sold any condominium units and wish an extension of one (1) year from November 20, 1982 to November 30, 1983, you will give us the said extension of time to install the said upgraded septic system. Further, upon showing of reasonable cause for extension, on or before November 30, 1983, you will give us one further year extension of the time to install said upgraded septic system. It is understood and agreed that, in the event our current systems, in your opinion, fail to adequately serve the cottages at any time during the said period ending November 30, 1982 or said extended periods, you have the right to suspend our right to rent or use said cottages until appropriate repairs have been made to said septic systems. It is further understood and agreed that, in the event we are making a good faith effort to complete the installation of said upgraded septic systems and, because of circumstances beyond our control, are delayed in completing the systems prior to said completion date or extended completion date, you will give us an additional reasonable period of time to make said installation complete. 2 Board of Health Town of Barnstable February 4 , 1982 Page 3 Upon completion of the installation of said upgraded septic system by the undersigned in accordance with said regulations; said passbook will be forthwith reassigned to the undersigned by the said Town Treasurer. It is further understood and agreed that, in the event we have failed to complete the installation of said septic systems by said completion date or extended completion date, we hereby authorize the said Francis A. Lahteine to disburse said Eleven Thousand ($11, 000. 00) Dollars to your Board or other appropriate Town agencies for use by your Board or agency in completing the installation of said upgraded septic systems. In the event of said default and use by your Board or agency of the funds to complete said installa- tion and said funds are insufficient to defray all of the Town 's expenses, the undersigned will bear said additional expense. In the event the cost of completing said installa- tion by the Town is less than said sum of Eleven Thousand ( $11, 000. 00) Dollars then the balance will be refunded to the undersigned upon satisfactory completion of the installation. It is further understood and agreed that any interest earned under said pass book during the period of this ;.agreement and prior to default by the undersigned, will be paid to the undersigned. After default interest will be paid to the Town subject to the refund provision above-referred to. Written notice by the Chairman of the Board of Health of the Town of Barnstable to the undersigned or our successors in interest, shall be conclusive evidence of our default. Very truly yours, Coleman C. SeelyY, Margaret M. Seely 3 Board of Health Town of Barnstable February 4, 1982 Page 4 The above is hereby accepted: Town of Barnstable acting by and through its Board of Health Robert Childs, Chairman Francis A. Lahteine, Treasurer Board of Health Town of Barnstable, Escrow Agent 4 MYCOCK, KILROY, GREEN & MCLAUGHLIN, P. C. ATTORNEYS AT LAW 171 MAIN STREET BERNARD T. KILROY HYANNIS, MASSACHUSETTS 02601 OF COUNSEL ALAN A.GREEN AREA CODE 617 EDWIN S.MYCOCK CHARLES S.MCLAUGHLIN,JR. 771-5070 MICHAEL D.FORD - ADDRESS ALL MAIL ANITA J.MCCARTHY P.0•BOX 960 HYANNIS, MASS. 02601 February 11, 1982 REFER TO FILE# Town of Barnstable Board of Health 367 Main Street Hyannis, MA 02601 ATTENTION: Mr. John Kelly 4 I Dear Mr. Kelly: Enclosed please. find a draft of a proposed letter of agreement between the Seelys and your Board which. I believe covers all of the matters we discussed at the recent meeting. As agreed, I directed a copy of the same letter to Town Counsel for his review. Mr. Gilmore indicated to me by phone that the provisions were acceptable but it must be accepted by you and possibly your full Board. As Mr. Seely is anxious to ,begin his renovations , I would appreciate it if you would let me know that the letter has been accepted so that we may make arrangements to deliver the bank passbook to Mr. Lahteine, as contemplated by the letter agreement. Very truly yours, c I- B r rd T. Kilroy J BTK:cgh Enclosure 75-683'1 Tel. _-A 432 Sea Street (Area Code 617) P.O.Box 118 N l�G )tl �U vie s HYANNIS, CAPE COD, MASSACHUSETTS January 14, 1982 Barnstable Board of Health. Barnstable Town Hall, RE: Septic Systems. Regulations Hyannis,Mass. 02601 Condominium Conversions To All Members of The Board of Health: This letter is. a. request for a hearing, with The Board of Health at; the next. meeting,.Tues. Jan. 19th. We are requesting an extension in time to allow required changes to be made in septic systems. to comply with new regulations issued in Aug.1981. We are also requesting that temporary occupancy or compliance permits be granted enabling; us to continue with our regular business. Following .discussions with Mr. John Kelly and onsite inspections by Mr. Ron Gifford permits: for septic system changes for compliance were issued to Mr. William Robinson,owner, A&R, Cesspool, Co. His, company has contracted to do the installations. They have serviced the systems: for the 14 years that we have owned the property with a preventive schedule of inspection and cleaning in. spring; and fall each year. Our family has owned and operated the year 'round apartment complex since 1968.It has always been. a family vaea.tion. business and, out of necessity„all, units have been leased for lo. , term winter use every year. By 1979 it was becoming too, difficult for us: to., continue the business. We were a s;ed to establish. a condominium to: sell, the property.This was done afte Atty®Miehael Dunning; had contacted. town. offices and the town. counsel t termine tY>at it would not conflict, with town, by-laws or regulations. Plans, were filed with. the town clerk's office and with the Planning Board in. 0ct.1980.They were: recorded with. The Registry of Deeds in July 1981 . About 2 weeks ago we learned of the new regulations that would apply, to our situat:ion.We had just completed arrangements for financing the building improvements to be done this winter and completed before our summer season. in! May.We are requesting an extension. in time until November 15th„ of this year for completion. of the septic installations. We are also requesting temporary occupancy or compliance permits for the same period. Additional funds are now needed to pay for the septic system. and Mr.Robinson cannot do: the work without prompt, payment.We may not be able to raise the funds u.ntil. after the summer season. Al.so,as building, permits are now issued we understand that: we would not be able to use our buildings until we had compliance permits.The business is our sole source of income and without- thel temporary compliance permits we could not operate nor could any sales be completed. We have every intention of complying, with all regulations as we have in previous years. Thank you for your consideration of our requests. Sincerely, Coleman Seely,