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HomeMy WebLinkAbout0324 CLAMSHELL COVE ROAD - Health 324 CLAMSIIELL COVE , ROnt COTUIT --� ' A• = 005 064� TO PLAINTIFF'S ATTORNEY: PLEASE CIRCLE TYPE OF ACTION INVOLVED: — OO(o TORT—MOTOR VEHICLE TORT—CONTRACT— °����� �e EQUITABLE RELIEF—OTHER COMMONWEALTH OF MASSACHUSETTS ' SUPERIOR COURT ,, d- 2ryIX DEPARTMENT �i�""-- OF THE MIDDLESEX ,,, , ss TRIAL COURT [seal] CIVIL ACTION No. ail�`tS�L ' DOUGLAS ROBERTSON AND ._ TRACY FERN 069"0567 ............................................. .Plaintiff(s) vv BOARD OF HEALTHv'OF THE TOWN OF BARNSTABLE AND LONGFIELDS, LLC ,v O z .......................................... . Defendant(s). v U FEB 17 20H SUMMONS �' U �®] �■qT.��i gyp To the above-named Defendant: BOARD OF HEALTH OF THE TOWN OF BARNSTABLE „ L William C. Henchy You are hereby summoned and required to serve upon ..................................................................... 3 c .J .................. plaintiff's attorney, whose address is ....1.6.5..C.r.an srry...Hlghway Orleans, MA 0265.. ........ an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so,judgment by default will be taken against you for the relief demanded in the complaint.You are also required to file your answer to the complaint in the office of the Clerk of this court at....................:...... 3 Cambridge ....................... either before service upon plaintiff's attorney or within a C reasonable time thereafter. z Unless otherwise provided by Rule 13(a), your answer must state as a counterclaim any claim which you may z. . have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiff's Fv claim or you will thereafter be barred from making such claim in any other action. z >. Witness,Barbara J.Rouse,Esquire,at.......Cambr.idge........................................................... 15th February the .......................:................................. clay of .................................................................... 2006 ......................in the year of our Lord .......................................... . . .. ........ � ... Clerk NOTES. 1.This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure. 2.When more than one defendant is 'involved, the names of all such defendants should appear in the caption. If a separate summons is used for each defendant,each should be addressed to the particular defendant. ORM NO.SUP.—001 COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS SUPERIOR COURT CIVIL ACTION NO. c`7&e- a6-05 7 DOUGLAS ROBERTSON and TRACY FERN r p V. c©J THEOF HEALTH OF OWN OF BARNSTABLE and LONGFIELD S, LLC COMPLAINT Introduction This is an action seeking declaratory relief and relief in the nature of certiorari, brought pursuant to G.L. c. 249 sec. 4 against the Board of Health of the Town of Barnstable as the result of the arbitrary and capricious actions of the Barnstable Board of Health, from which the Plaintiffs are aggrieved. The Board of Health issued a disposal works(septic)permit to one Longfields LLC on land abutting the Plaintiffs' land without first requiring a variance, notice, and public hearing, violating the Plaintiffs' procedural and substantive rights. The Plaintiffs demand that the action of the Board of Health be annulled, and that the matter be remanded to the Board with instructions to follow the Town By-laws as written. The Plaintiffs further seek a declaratory judgment from the Court concerning the _ proper interpretation and construction of the term"coastal bank" as contained in Section 360-1 of the Barnstable Code. 1. The Plaintiffs are individuals with a permanent and usual address of 868 Watertown Street, West Newton, Massachusetts. The Plaintiffs are also the owners of improved real estate located a024 Clamshell Cove Road, Cotui , Massachusetts, which serves as a vacation home for the Plaintiffs. 2. The Barnstable Board of Health is a municipal agency with a usual address of 200 Main Street,Hyannis, Massachusetts. The Barnstable Board of Health is charged _ ()e D,��c,"� by the municipal ordinances of the Town of Barnstable to administer its by-laws and O C, regulations in a non-arbitrary and capricious manner and in accordance with law. 1x i 3. Longfields LLC is upon information and belief a Massachusetts Limited Liability Corporation with a usual address of 140 Ice Valley Road, Osterville, MA. 3. On or about November 23, 2005, a Notice of Intent was filed pursuant to Chapter 237 o fthe Barnstable Code by one Arlene Wilson on behalf of an entity named Longfields,LLC, for permission to construct various improvements to the real estate located at 288 Clamshell Cove Road in Cotuit, Massachusetts,which abuts the Plaintiffs' property at 324 Clamshell Cove Road in Cotuit, Massachusetts. The project proposed by Longfields LLC will have substantial deleterious impacts to the Plaintiffs' land which are unique to the Plaintiffs, are different in kind and magnitude than those which will be experienced by the general public, and which are within the scope of the harms sought to be prevented by Chapter 237. As the result of the project proposed by Longfields LLC, the Plaintffs' use and enjoyment of their own property will be impaired; their property value will be reduced; and wetlands values including but not limited to aesthetics, recreation, public trust rights in trustlands, and the prevention of pollution all as defined in Chapter 237, will be adversely affected, to the detriment of the Plaintiffs and their property. 4. The Barnstable Conservation Commission held hearings on the Longfields LLC proposal on January 10, 2006 and on January 24, 2006. During the hearings, the Conservation Commission and its staff displayed bias towards the applicant's engineering firm; ignored substantial evidence which was contrary to the applicant's position in favor of hearsay evidence and incompetent opinion submitted by Commission staff, arbitrarily. failed to follow procedural votes; arbitrarily refused to require the applicant to submit the minimum information required by Massachusetts Department of Environmental Protection Policy 92-1 in order to determine the landward extent of the coastal bank at 288 Clamshell Cove Road Cotuit, MA, thereby reinforcing the evidence of bias in favor of the applicant; arbitrarily and without any substantial evidence refused to conform to the definition of"coastal bank" contained in Chapter 237; arbitrarily refused to permit the Plaintiffs' representative to assert procedural points of order; arbitrarily and without justification refused to do their duty to determine the proper delineation of wetland resource areas based upon the unsubstantial and arbitrary basis that their decision would be appealed by the Plaintiffs or by Longfields LLC and that they would be drawn, as the staff put it, into a"colossal fight between abutting property owners"; arbitrarily and without substantial basis asserted that the Commission would only perform its duty to delineate wetlands under Chapter 237 if the Plaintiffs waived certain rights; and ultimately, on January 27, 2006, rendered a decision which was arbitrary, capricious, not based upon substantial evidence, constituted and contained errors of law, and which has caused manifest injustice to the Plaintiffs. 5. The Plaintiffs have appealed to this Court the Conservation Commission's actions, said appeal being docketed as Civil Action No. 06-520. 6. Ancillary to the application to the Barnstable Conservation Commission, Longfields LLC submitted to the Barnstable Board of Health pursuant to Chapter 360 of the Barnstable Code and Title 5 of the Massachusetts Sanitary Code an"Application for Disposal System Construction Permit", together with a site plan and"conceptual floor plans" for a five-bedroom house. 7. The regulations of the Barnstable Board of Health contained at Section 360-1 of the Barnstable Code forbid, in the absence of a variance, the approval of a septic system design where the leaching facility is within 100 feet of any coastal bank. Plainly ,¢ shown on the site plans submitted with the Longfields LLC Application for Disposal l� s. System Construction Permit" is a coastal bank located within 100 feet of the leaching �t facility of the proposed Longfields LLC septic system. 1 - 60 Vo g4. i 8. Variances cannot be granted by the Barnstable Board of Health in the absence of a public hearing, with notice to abutters includingin this case h the Plaintiffs. 9. Despite the necessity of a variance and public hearing required by law before the Longfields LLC "Application for Disposal System Construction Permit" could be O/t` approved, and agent of the Barnstable Board of Health, on January 9, 2006, purported to \hs approve the application. �r` 10. The action of the Board of Health through its agent, was unlawful, arbitrary, r capricious, in derogation of the substantial evidence before the Board in violation of h � to Town ofBarnstable's own by-laws, and violated the substantive and procedural rights of the Plaintiffs, from which they are aggrieved. a Ilk oaf" 5� G 41-IbF 0 WHEREFORE, the Plaintiffs demand the following relief � � � Sao�L� a. That the Court determine and adjudge that the Barnstable Board of Health's PJ action to approve the Longfields LLC "Application for Disposal System Construction Permit"was arbitrary, capricious, against the substantial evidence before the Board, constituted an error of law, and should be annulled; b. That the Court issue a declaratory judgment with respect to the appropriate construction and interpretation of the term"coastal bank" as contained in Section 360-1 of the Barnstable Code; C. That the Court, in the alternative, remand the matter to the Barnstable Conservation Commission with instructions as may be determined by the Court to be proper and just; d. That the Plaintiffs be awarded their costs and reasonable attorney's fees; and e. Such other relief as the Court deems equitable and just. Dated: February 14, 2006 Plaintiffs, DOUGLAS ROBERTSON AND TRACY FERN By their Attorney, William C. chy 165 Cranberry Highway Orleans, MA 02653 (508) 255-1636 (508) 255-1325--fax when.chy@alumni.tufts.edu BBO#543932 Town of Barnstable Board of Health 200 Main Street,Hyannis MA 02601 Office: 508-862 4644 Susan G.Rask,RS. FAX: 508-790-6304 Sumner Kaufman,MSPH Wayne Miller,M.D. February 27, 200f� Mr. .Peter Sullivan, P.E. Sullivan Engineering, Inc. P.O. Box 659 Osterville, MA 02655 17111111, Dear Mr. Sullivan, Thank you for your letter dated August 28, 2003 requesting clarification of the definition of coastal bank. The Board discussed your question, reviewed the Conservation Commission definition of coastal bank, and reviewed 310 CMR 10.00. During the public meeting held on February 17, 2004, the Board members voted unanimously to utilize the State's definition of "bank (coastal)" listed under 310 CMR 15.002 of the State Environmental Code, Title 5. Please refer to that definition when designing onsite sewage disposal systems in the future. Sinc ely you Al ayn Miller, M.D. Chair an Cc: Robert Gatewood David Stanton, R.S. Donna Miorandi,R.S. Donald Desmarias, R.S. Lynn Hamblyn SullivanCoastalBank 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 15.002: continued Acre-a unit of land measure equal to 40,000 square feet which is considered a building acre in accordance with standard real estate practices. Agencv - an agency, department, board, commission or authority of the Commonwealth or of the federal government and any authority of any political subdivision which is specifically created as an authority under special or general law. The term shall not include housing authorities permitted pursuant to M.G.L. c. 40A. Alternative-Svstems_Systemsdesigned to provide or-enhance on-site sewage disposal which either do not contain all of the components,of an on-site disposal system constructed in G' accordance with 310 CMR 15.100 through 15.293 or which contain components in addition i to those specified in 310 CMR 15.100 through 15.293 and which are proposed to the local I.� approving authority and/or the Department for remedial, pilot, provisional, or general use approval pursuant to 310 CMR 15.280 through 15.289. � ' Approving Authority - A local approving authority as defined in 310 CMR 15.002; or the Department,with regard to systems owned or operated by an agency of the Commonwealth or of the federal government,or on a case-by-case basis as determined by the Department to TIT be necessary to cant' out the purposes of 310 CMR 15.000. ASTM - The American Society of Testing and'Materials. i Bank (Coastal) - The seaward face or side of any elevated landform, other than a coastal dune,which lies at the landward edge of a coastal beach,land subject to tidal action,or other . wetland as defined in M.G.L. c. 131, § 40 apd 310 CMR 10.30(2). i Bank (Inland) - A portion of the land surface which normally abuts and confines a water j I body as defined in M.G.L. c. 131, § 40 and 310 CMR 10.54(2). Barrier Beach-A narrow low-lying strip of land generally consisting of coastal beaches and coastal dunes extending roughly parallel to the trend of the coast, separated from the ii mainland by a narrow body of fresh,brackish,or saline water or a marsh system, as defined j` in M.G.L. c. 131, § 40 and 310 CMR 10.29(2). l+j i Bedrock- Solid rock exposed at the surface or overlain by unconsolidated gravel, sand, silt and/or clay. Bedrock includes weathered or saprolitic components thereof. Bedrock types are defined and most of their areal extent are described in the "Bedrock Geologic Map of Massachusetts" published by the Department of Public Works (1983). Bedroom- A room providing privacy, intended primarily for sleeping and consisting of all of the following: (a) floor space of no less than 70 square feet; (b) for new construction, a ceiling height of no less than 7'3' c for existing houses and for mobile homes, a ceiling height of no less than 7'0"; (d) an electrical service and ventilation; and (e) at least one window. Living rooms,dining rooms,kitchens,halls,bathrooms,unfinished cellars and unheated !; storage areas over garages are not considered bedrooms. Single family dwellings shall be presumed to have at least three bedrooms. Where the total number of rooms for single faintly ii I;I 'i'•'i 'ii dwellings exceeds eight,not.h1cluding bathrooms,hallways,unfinished cellars and unheated storage areas, the number of bedrooms,presumed shall be calculated by dividing the total !, number of rooms by two then rounding down to the next lowest whole number. The I applicant may design a system using design flows for a smaller number of bedrooms than are presumed in this definition by granting to the approving authority a deed restriction limiting the number of bedrooms to the smaller number. f Biological Mat - A layer composed of microorganisms and organic material located below a soil absorption system which forms on the infiltrative surface of soil and which provides '. 1. biological treatment of septic tank effluent. ' 3124/95 (Effective 3/31/95) 310 CMR - 482 Nd. UVY— ZZ- THE COMMONWEALTH OF MASSACHUSET'TS FEE BOARD OF HEALTH OF ��-tv �qj�OAPPLICATION FOR DISPOSAL SYSTEM CO�-Tpl UCTION PERMIT Application for a Permit to Construct ( Repair ( ) Upgrade ( ) Abandon ( ) System ❑Individual Components Loc�tio n � Owner's Name Map/Parcel# Address of# T lephane# ? Jl�n� Lei installer's Name Name n a u Designer's Naey } /v A— Address �— dress Telephone# Telephone# Type of Building: Lot Size 30 Z ZO Sq.feet Dwelling—No.of Bedrooms Garbage Grinder ( ) Other—Type of Building No.of persons Showers ( ), Cafeteria ( ) Other fixtures Design Flow(min.required) 5411 gpd Calculated design flow��gpd Design flow provided 6 0 gpd Plan: Date Number of sheets 1 Revision Date (7- 7-0 0j Title 11r 0� I�oT l �i- r1.>_S "1,� (�,19 C 11iY1 � t r— Description of Soil(s) Soil Evaluator Form No. Name of Soil Evaluator Date of Evaluation - DESCRIPTION OF REPAIRS OR ALTERATIONS The undersigned agrees to install the above described Individual Sewage Disposal System in accordance with the provisions of TITLE 5 and further agrees not to place the system in operation until a Certificate of Compliance has been issued by the Board of Health. Signe Date Z.1— r FORM t - APPLICATION FOR DSCP DEP APPROVED FORM 5/96 No. ZZ y+ 4 ~ THE COMMONWEALTH OF MASSACHUSETTS {FEE y1 OU BOARD OF HEALTH OF ,APPLICATION FOR DISPOSAL SYSTEM CONSTRUCTION PERMIT h - t � Application for a PermiLto Construct (K Repair (��')'Upgrade ( ) Abandon (. ) - ke mplete System ❑Individual Components 1 � y����y�} �y� ,fir��� �,,� VU 7 C441 491 tom,/ uye 1�,4A-J!'/ Location � � Owner's Name , Map/Parcel# Address Lot# Tel hone# S 7i4 x.-t A •. purl r`20JLT- ��— Installer's Name Designer's Na�2i I /� AddressZ Address ' Telephone# Telephone It Type of Building: Lot Size 3t't' 3Zo Sq.feet Dwelling—No.of Bedrooms F! ' Garbage Grinder ( ) Other—Type of Building`._. No.of persons Showers ( ), Cafeteria ( ) Other fixtures t/ '/ °_. Design Flow(min.required) C'o gpd Calculated design flow gpd Design flow provided 76 0 gpd Plan: Date Number of sheets 1 Revision Date I Z .moo Oj Title �-�l ' �i..Ac 0f 1� GVk S "�� (�rc9 L /L1 1 1 i Description of Soil(s)_ Soil Evaluator Form No. Name of Soil Evaluator Date of Evaluation DESCRIPTION OF REPAIRS OR ALTERATIONS TiG! The undersigned agrees to install the above described Individual Sewage Disposal System in accordance with the provisions of TITLE 5 and further agrees not to place the system in operation until a Certificate of Compliance has been issued by the Board of Health. Signe r Date a1,2 '7�0 3 �nsp s l i FORM 1 - APPLICATION FOR DSCP DEP APPROVED FORM 5/96 C --a s.--- —a --a e.+.ra r..-tea ————— ---------r—a——----——r-- _ --—----- _,r .c---a.—----.- No. 7 THE COMMONWEALTH OF MASSACHUSETTS FEE l�WrhllfiR::�6 BOARD OF HEALTH CERTIFICATE OF COMPLIANCE Description of Work: ❑ Individual Component(s) P6omte S stem ple The undersigned hereby certify that the Sewage Disposal System;Constructed( Repaired( ),Upgraded( ),Abandoned( ) by: n p 4 5�1 4 . 5h! Z/" at 3 Z Gla. n. f/'_ &C �io' x has been installed in accordance with the nrovisions of 310 CMF, 15.00 (Title 5) and the approved design 1 ns/as-built plans elating to application No Z dated Z -7 IZ47 Approved Design Flow_ (gpd) Install A f Designer: Inspector '.L C,� Date The issuance of this certificate shall not be construed as a guarantee that the system will function as designed. FORM 3 - CERTIFICATE OF COMPLIANCE DEP APPROVED FORM 5/96 No.2,0 I Z THE COMMONWEALTH OF MASSACHUSETTS FEE IaG-✓ C SfT_4&_ BOARD OF HEALTH DISPOSAL SYSTEM EONSTRUCTION PERMIT ,. Permission is hereby ranted to Construct (Repair ( ) Upgrade . ) Abandon ( ) an individual sewage disposal system at �-ti i Z /QM�j� �l Z.�? t�lJ 1I as described ,tr in the application for Disposal System Construction Permit No. l 2 Z dated Z Z 7 UV/ Provided: Construction shall be completed within three years of the date of this �' .All local conditio ust bbee-me Date -- Board of Heal FORM 2 - DSCP DEP APPROVED FORM 5/96 Ly FORM 1255 (REV 5/96) t H&W HOBBS&WARREN TM PUBLISHERS- BOSTON tp ,ia ,, (,�i i •l.;M,w..Yii n{er -f i''t Y TOWIt1'µOF$ARNS I ABLE` r ,IN,� LOCATION, C- � L 1� �UL �. SEWAGE, VILLAGE C s� ��c ASSESSOR'S MAXLOT O`5 INSTALLER'S NAME&PHONE NO. �1S��J 0.• �kZ . SEPTIC TANK CAPACITY I SCX'CS. � LEAC41ING FACILITY: (type) . . NO: OF.BEDROOMS • BUILDER OR OWNER 4 GGINf _- PERMITDATE �1 I�� 'C�) COMPLIANCE DATE �7 I Zg '� .:'• :,•: '.. �.. .;. :',:: '.:... ......, r ii., 'fin,,,,:, .!�,!. Separation Distance Between the: Maximum Adjusted Groundwater Table to the Bottom ofLeaching Facility Feet 'Private Water Supply Well and Leaching Facility. (If any wells exist on site or within 200 feet of leaching facility) Feet Edge of Wetland,and Leaching Facility(If any wetlands east within feet of leaching faty) Feet ' Furru" hed by. _. r i � . ji Op p y Cap `� �'� �—• , r Q �� �"6KTkn . O •0 ` Z _ 00 00 N n ~ Z � Z c 7 x Z —C � tv SO_ d L b , a ....... � E9 aA•\�. .�.v ems'',. a,n..� _ _--.�..n._ t Job# Title: Date: L 2Oo s `iZ.Of3� rZ REE5 l D E Sheet# Kenyon C. Bolton III & Associates, Inc. Architects Scale�� j OF 7 100 Garden Street, Cambridge, Massachusetts 02138-1/118 r rn 01 M cp p 1 x Z G z (� O x 0 o_ X 103 c O •1J 3 t Q ` LI +\ - (` 7 a � Job 7-o0 5 Title: _. _I`+� 4✓ J O I�1 - �,12►�I RCS 1 D t•�C E -_ Sheet# Kenyon C. Bolton III & Associates, Inc. Architects - 2nF7 100 Garden Street, Cambridge,Massachusetts 02138-1418 _ a� rr I I i I a � 1Ye O LO Z z --- --- O �Q o F�rR� } ar 7 V SSS r. Job# Title: Date: Zoos Sheet# Kenyon C. Bolton III & Associates Inc. Architects Scale: OF 100 Garden Street, Cambridge, Massachusetts 02138-1418 TOWN OF BARNSTABLE LOCATION Q6UL ek�)• SEWAGE # JCbl_ VILLAGE Cx� ASSESSOR'S MAP & LOT OS INSTALLER'S NAME&PHONE NO. 'SAS��J A• ��Z� SEPTIC TANK CAPACITY �I S Cis LEACHING FACILITY: (type)���' �� Cam ) sue NO.OF BEDROOMS ��rr " BUILDER OR OWNER 61 ovte )►,,Ikr.,.0 PERMITDATE: `7 I�� I CAI COMPLIANCE DATE: Zg Its 1 Separation Distance Between the: Maximum Adjusted Groundwater Table to the Bottom of Leaching Facility Feet Private Water Supply Well and Leaching Facility (If any wells exist on site or within 200 feet of leaching facility) Feet Edge of Wetland and Leaching Facility (If any wetlands exist within AQ! feet of leaching facility) Feet 'Furnished by Oc - c I� �) 19 O I own UI Barnst"Ible I'llj��® I)cpnrlmcnl of Ileallh,Safely,and Environmcn(nl Services �IRE n Public Ilealill Division Date 367 Main Street,I lymmis MA 02601 uxlnrererrry- puss. / 1639. E0 Date Scheduled Time ice 1'd. / Soil Suitabilith Assessment for Sewage Disposal I'm fornled IIy: f t�1 Hog S, aR'U�i iInested Ily: Lj 'q' 6N & GENERAL INIFORMA;TION b Location Address p5� Olvner's Name d0osI Address (v/PMCVuA- STD IO 8G 8 sr ��c�.rar�,�zls?az96s Assessor's Hap/Parcel: ,5164 latgincer's Namc X4* e VC AAA•Tpc NEW CONSTRUCTION 1% REPAIR 'telephone ff 3 62-45-4 Land(lsc Slopes V0) Z-- s Surface Slones A1 V Dislances Ilom: Opcn W.alcr Ilody 200 t Il Possible Wet Arca 200:' n Drinking Wilcr Wcll Drainage Wny fl Ihoperp'I.inc — Zg—Il Other /U O fl A110 = JUOr o.os,R vFp SICETC11: (Slrccl nnn1c,dimensions of 101,exact locations of test holes&perc tests,Iocitc wetlands in proximity to holes) 1 . X4A/ 112 60' N V vNv W ix � NCl U v� - Nor r© 6CAG- l'arcol malerial(geologic) y Ili 0 GC�CJ��C/ F�Fp05�> Depth to fledrock Depth to Groundwnler. Standing 1Vater ill I lule: /V 1Viceping from I'i1 hnce Estimated Scnsonnl I ligh Groundwntcr DCTEIZM NATION VOR.S1 ASONAL 111GII `VA'l'LR.TAIILE hiclllod llserl: Depth Observed standing in obs.hole: A1 0 in. Depth la soil mottles: Depth to s ecping from side of obs.I olc: O In. Groundwilcr Adjustment Il. Index Well!f _ / Q ItnnrlinR Dntc: _ Q Index Well level Adj.factor Adj. noundwoler Level I'rItCOLA'I'1ON EST ii�ile 2 ilrlle I//�"//v{ Observation i Itolell �� % fijZ omen fr 0'06,00 01' 06a30 Depth of Pcrc �� Time it 6" Still Pre-soak-1 illic rt 0 00"oydy 0"go,ao Timc(9"-6") God I'rc-soak / I1111cMin./loch <ZJ''ff 42/7PI (� 9 �6�1< <g'' Site Snilabilily Assessment: Site Pissed Site failed: AddlHonil Tcsliug Nccdcd(YIN) /V Originnl: Public IlenIIh Division Observation little Daln To Ile Compleled on Rncl( j Copy: Applicnnl 1)EET013SIOWA"i'ION Ii0 DepIll I'lool Soil I lotizoll Hole if rHI S o I i i r c Soil Color Soil Oilier Siff fiacc(ill.) A) (Milliscil) N told ing (S(locluic.Slolics,lloulducs. comi�f ga—VISiavd) AV y 29 301 2 DIGEP OBSERVATION 1101,1,P Loc., Mile /I T82— Depill I'loill I Soil I lol izoll soil Tc.Xillic Soil Color Soil 011ict Soll"Ice(111.) (t ISDA) (Sliuchirc,Sloncs,Hol il(leles. PO DEUT OBSIPAOIATION LOGI I tole 11 Dclllil Poll) Soil I lof izoll soil,[,C.Xllltc Soil Color Soil 011ict Slol"ace(ill.) (II)SDA) (Niollsell) NIO(Illill; (Solicloic,Slimes.lloolilms. DE V P. 088H AVATION HOIXF LOG Hole II Dellill hoof Soil I I.otizoll Soil Cullir Soil 0111cr Surface(ill.) (IISDA) Nlolllillg (Shuchire.Sloocs.liouldcic.s. J:wla ig-w Uh;l V.c I)- - --—----------------- Mal) C P Al 1 2 5-a,901 0022 P 700211?�2 2 OAI,6 C ')v PFEAC I WOROW15 Allovc 500 year flond hollildnry No Yes Wilhill 500 Year bonfidaly No, V Yes MIMI) 100 year flood boundary No Yes V.Piffluaff I)ocs a( least Four rect of naturally occurring pervious material exist in all areas observed (111 oligholit Ilic -11-ca inoimscd for die soil absorption system? l F not, NVII'll is the depth of naturally occurring pervious material'? I certify ify Illat on I have passed the Soil evallm(or mililionfion approved by (lie I)ep"11,1111clit of E-Ill vil-ollillellial Protection and ilim (lie it)(we analysis was lml-ronnal by me consistent will the required training, expertise and elxl)cljvlcc described in 310 CIVIR 15.017. Signature Date 3)0 6) i L END TOP FNDN = 32.0' SYSTEM PROFILE TESL" HOLE LOGS ACCESS COVER TO WITHIN 6 OF FIN. GRADE (ROT TO SCALE) 100.0 PROPOSED SPOT ELEVATION SEPTIC DESIGN: (GARBAGE DISPOSER IS N6' ALLOWED ) ACCESS COVER (WATERTIGHT) TO ENGINEER: , M. FARIA SE / DESIGN FLOW; 5 BEDROOMS ( 110 Gp0 = 550 GPD 31 MINIMUM .'75' OF COVER OVER PRECAST /� WITFjN 8" OF FIN. GRADE N I_ / 1 55p .4 2x SLOPE REQUIRED OVER SYSTEM 30 WITNESS: DONNA MIORANDI, RS � � I 10ox0 EXISTING SPOT ELEVATION USE A GPD DESIGN FLOW MAY 23,. 2000 Fuua:s , ' RJN PIPE LEVEL 2' DOUBLE WASHED PEASTONE DATE: 100 PROPOSED CONTOUR SEPTIC TANK: 550 GPD ( 2 ) := 1100 29.0' -_�"--� R FIRST z' 3' MAX. PERC. RATE = . < 2 MIN/INCH -'- PROPOSED 1500 1500 GALLON SEPTIC 100 ------ EXISTING CONTOUR USE A GALLON SEPTIC TANK TANK (H- 10 ) 27.93' H-20 CLASS 1501LS P# g750 awsu cwv�RD. 28.18 LEACHING: W/F.A s.r. INSERr _- 2(47.5 + 10.83) 2 (.74) = 172.E . (SEE DETAIL BELOW) BAFFLE 27.35 27.18' ❑ © CD ❑ ❑ © ❑ © ad SIDES: --�- MIN Q 27.0' ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ [7-1 Lowe ....,� 47.5 x 10.83 (.74.� ,,, - 380 ( 2 x SLOPE) 8' CRUSHED STONE OR MECHANICAL ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ELEV. ELEV. BOTTOM: ....--_ ____�...•. 4' COMPACTION. (15.221 [21) 2' ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Q 25,0' ,�- TOTAL: 746 S.F. 552 GPD DEPTH OF FLOW >� (�R SLOPE) ( 1 SLOPE) „ „ Q" 1p 32.0' 0" 32.0.' -' USE (5) 500 GAL LEACHING CNAMBEF6 (H-10) „ 0 A TEE slxEs: I 3/4 TO 1 1 2 DOUBLE WASHED STONE / O/A LOCATION MAP WITH 2.5' STONE AT ENDS AN(j 3' ATSIDFS INLET DEPTH = 114 OUTLET DEPTH w " SL SL 5, 12 10YR 3/1 12 10YR 3/1 FOUNDATION 10' SEPTIC TANK 58' D' BOX 20' LEACHING B B ITY ASSESSORS MAP 5 PARCEL 64 LS LS HOARD OF HEALTH 30" 1 pYR 5/8 29.5' 30" 10YR 5/8 29.5' ZONING DISTRICT: RF MA TH 1 & 2 EL. 20.0' YARD SETBACKS: - A?nRC1VED DATE / � FRONT 30 �, SIDE 15' w 12 ti '�/'b''/' �Q' o PARCEL 1 C C REAR = 15' \ MS S PLAN REF. -- LCP 11260C \ � M FLOOD ZONE: Al EL 12 & C 2.5Y 7/6 2.5Y 7/6 341 1 , ' \ 37 \ 02 LOT 1 1 i 144" 20.0 144 20.0 #2 am 38,320 *SF UPLAND 11 NO WATER ENCOUNTERED z 1 -�i641 LA TH1 °' '. a •�' #3 NOT S \TH2 1. DATUM IS NGVD I . MUNICIPAL AVAILABLE .�, , I I SYSTEM PROFILE 2 CI AL WATER H "3. MINIMUM PIPE PITCH TO BE 1/8 PER FOOT. �.- ( I 4. DESIGN LOADING FOR ALL PRECAST UNITS TO BE AASHO H- 10 a� 20 #4 NOT TO SCALE) 5. PIPE JOINTS TO BE MADE WATERTIGHT. +7. 6. CONSTRUCTION DETAILS TO BE IN ACCORDANCE WITH MASS. ENVIRONMENTAL CODE TITLE V. r g� 7. THIS PLAN IS FOR PROPOSED WORK ONLY AND NOT TC° BE a' e7 i SEE NOTE 1 :...: USED . FOR LOT LINE -STA.•�,ING: _ . .. ... __......: ,q ,r� ,. , RL`! ._ OV�B TO GRAIL .:., - - r ,_ > _ __- :. - i t r�. PIPE 'FOR SEPTIC SYSTEM TO SCH. 4Q-4 PVC. A:. _ ,,, ter:,.] i i 2 i r; � � , � �. ;�..- _•, _--, ��; � � SEE NOTE 2 /'. ;jOME FAST 9. COMPONENTS . NOT TO BE BACKFILLED OR CONCEALED WITHOUT " ` !" INSPECTION B°' BOARD CF HEALTH AND PERMISSION OBTAINED #5 � �''y, � a 19 �- � �;�,,. �;I I 20 r°OL'EANOUT COVER ���I �' , ` r I FROM BOARD OF H w 1 i� + • , "' ••: 'r'•�' RISERS' EALT!-:. PROP. DWELLING i dt °0 '- �4;=j I r�' 4kt t } 10. CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING THE ` I , / LOCATION OF ALL UNDERGROUND & OVERHEAD UTILITIES PRIOR C1 TOP FNDN = / „ +, �y 32.0' / N IhI '�3� w✓✓ I �!`,I, I I , ` `i\' TO COMMENCEMENT OF WORK. / 11. ROOF RUN--OFF 70 BE DIRECTED TO DRY WELLS, OR DRIP LINES SEPTIC TANK � ,, �. SHOR£Y MAN INC. ' TO STONE TRENCHES ► . #6 9Z �, Via• I ,�: I �r. a2s \ / OR EQUAL r I 4"SCH 40 PVC (TYP.) 3„ , r 10 3 MIN ABOVE OUTLET ����., �1 I 4, 4 ! LOT 175 Fri' Ol)T� ", t I NOTES •, �' �r Sl T`F_' PLAN 1 Iq° � ,I i ! �,1. BLOWER UST BE WITHIN 500 GAL ,°' ' 0 �M 7 100 FEET OF FASTO UNIT 1 00 GALS -j I 2.`�RUN VENT TO DESIRED " i ,y OF { �- LOCATION AND COVER ��, +` ', LOT 1 CLAMSHELL COVE ROAD a27 �.eo 1 / p ,, -- . .. OPENING WITH INS' T. SCREEN. '' " IN THE TOWN OF: I / y A 3. FOLL 1V.. A5T� SPECIFICATIONS. -38 78" r. (COTUIT) BARNSTABLE PLAN y,� c 3 I � vl�y� A-A 4 , PREPARED FOR: x I �+a / Q, D. ROBERTSON & TRACEY FERN v FAST® TANK 30 0 30 60 90 (NOT TO SCALE) 42s I8 I PROP. FOOTPATH, WITH o.8>if IN-GROUND WOOD SCALE: 1" = 30' DATE: OCTOBER 11 2000 ISERS AS NEEDED 1 S REV. 14/28/00 (HSE. WLQ STAKED HAYBAL.ES AND SILT FENC RtW. 12,-:3/1)0 (PIER.FAST) .WORK UM!? UNEj J REV. 12/20/00 (footpath) 425 r ! ° REV. 2/26/01 (HOUSE) JJ I ry #9 ,e , 1 �lH � ��a a��r�.. / A H. �yG 424 I _ ALA 0.30799 1_Vo 0 .S. DATE 423SIdNAI E G -a.eo #10 ' = L. 12.0' i SALT MARSH � � STATE COASTAL BANK E i (FLOODZONE ELEVATION) �`��''- G A►Z jc , / LOT 15 I ai 508-362-�1 tax 508 382-9860 down cape engineering', inc. CIVIL ENGINEERS LAND SURVEYORS 939 main st. ,armcuth, ma 02675 00--028 1 � O d