HomeMy WebLinkAbout0036 LORRAINE CIRCLE - Health 36 LORRAINE CIRCLE, COTUIT
A=010-010-006
1
I
i
~Message Page 1 of 5
Crocker, Sharon
From: McKean,Thomas
Sent: Thursday,April 19,2012 2:27 PM
To: Crocker,Sharon
Subject: Fw: Lorraine Circle
From: Geiler,Tom
To: Perry,Tom; McKean,Thomas
Sent:Thu Apr 19 14:11:07 2012
Subject: FW: Lorraine Circle
Please have staff check this property to determine if there is a violation.,
-----Original Message-----
From: Stacey Schakel [mailto:schakel6l@comcast.net]
Sent:Thursday,April 19, 2012 1:51 PM
To: Geiler,Tom
Cc: 'Stacey Schakel'
Subject: RE: Lorraine Circle
Hi Mr.Geiler,
I first want to again thank you for your assistance with the cleaning up of the property on Lorraine Circle in
Cotuit this fall as previously discussed. I have recently been made aware that although the vehicles,
boats,storage unit and many other articles have been removed from this area,the area now appears to
be being used as a"dumping"area for construction debris,concrete pieces, brush etc. Activity seems to
occur late afternoon/early evening by the same men.
Given our recent and ongoing drought in addition to the numerous concerns noted previously we are
requesting your department to follow up on this matter. Please let me know your findings and if this area
is able to be used in this manner.Our understanding is that it is not.
As always,we appreciate your assistance and prompt response.
Take care,
Stacey
Stacey Schakel
Sandalwood Association Chair
From: Geiler,Tom [mailto:Tom.Geiler@town.barnstable.ma.us]
Sent: Monday, October 24, 2011 5:53 PM
To: schakel61@comcast.net
Subject: Re: Lorraine Circle
Very thorough.Thank you.We will get started tomorrow.
From: Stacey Schakel <schakel6l@comcast.net>
To: Geiler,Tom
Cc: p.autery@comcast.net <p.autery@comcast.net>; 'Stacey Schakel' <schakel6l@comcast.net>
Sent: Mon Oct 24 17:34:40 2011
Subject: RE: Lorraine Circle
Hi Mr. Geiler,
Thank you for your email reply below. As requested, please find the property
information and concerns which were previously sent to Ms. Robin Anderson, Deputy
Chief Tamash and Fire Chief Chris Olsen in the format below March, 2011. There have
been numerous other correspondences which.have been sent to these parties with out
any resolution to these issues. On behalf for the Sandalwood Association, we are again
requesting clarification and assistance in addressing the concerns and observations
noted below. This has been an ongoing issue for the past three plus years now.
Location of violation: 36 Lorraine Circle, Cotuit
Parcel Number: 010010006
Zoning District: RF (Residence F)
4/19/2012
Message Page 2 of 5
Nature of Violation: Storage of construction equipment(e.g. bob-cat tractor), metal container, boat, wood,
building materials,junk, etc. on a vacant lot. Trucks/vehicles visit the site several times a day to pick up or leave
material/equipment. Thus, it appears that this parcel and the stored material are being used for some sort of
business operation. This use is a violation of the Zoning Ordinance for the following reasons:
-The use of the property for outside storage of the items listed above would constitute a "Contractors' yard"which
is not allowed in the RF Zoning District, but only allowed in the Industrial (IND) District(Section 240-33,
subsection A(1) (c).
-The only principal permitted use allowed in the RF Zoning District is a "Single-family residential dwelling
(detached)" (Section 240-14, Subsection A(1)). Because this lot is vacant and has no principal use, the outside
storage of the items listed above could not be considered as an accessory use and violates Section 240-43.
Even if there were a single-family residential dwelling on the lot, the items stored on the property are not
customarily incidental to a residential use, but would be considered an industrial use.
-The outside storage of the items listed above would also constitute a "Prohibited Use" pursuant to Section 240-
10, Subsection A because of the unsightly condition of the property which is visible from abutting parcels and
thus is injurious to property values and visually offensive. The property as maintained constitutes an attractive
nuisance and is suspected as a gathering place for drug dealing and under-age drinking. Recently as reported to
the BPD used syringe materials have been found in this area along with empty beer/alcohol containers. Cars are
also heard/observed in and out of this area and idling in this area late at night. As is documented with Cotuit Fire
Dept and BPD, prior years have also resulted in mattresses, couches,furniture, wooden palates being stored
there. As is documented, the respective agencies have contacted the property owners numerous times regarding
these issues. Although eventually the furniture, prior storage containers and wooden palates and mattresses
where removed, new and additional items appear as now noted.
It is the Associations understanding that these types of violations are also subject to monetary fines of up to
$300/day. As this issue has been ongoing since 2008 as noted below, have fines been charged and if not,why
not?
As of May 2, 2011 there remains the storage of a gray sedan MA 138EF9 which now has another white trailer
with yellow"traffic/line painting paint"on the left rear wheel well attached to the back of this vehicle. As you have
been previously informed, the white large work/dump pick up truck MA M73398 continues to arrive at this
property M-F mornings between 6:45-7:15 a.m. and returns between 5:30-7:30 p.m. M-F. Weekend mornings are
generally later, between 9:30-10:30 a.m. The pickup truck arrived at 6:50 a.m. until 7:00 a.m. 5/2/11 and returned
at 7:30 p.m. and backed in; loaded/unloaded some materials then left at 7:38 p.m. This daily pattern of two plus
times per day continues as of this October 2011 update.
It is our understanding that the property is in a Trust- Nancy A. DeDecko Trust, and that the deceased has left
this property to her three sons, Michael A. DeDecko of 25 Carlton Drive, Mashpee,MA(Owns Construction
Co./Real Estate Agent), Mathew A. DeDecko, Osterville/Mashpee, MA (Builder); and Mark A. DeDecko,
Sandwich, MA(Owns a Septic Co.). Although these individuals have been invited to join our association they
have not done so.
Also included below which was also sent those cc'd/noted above in prior correspondence are the recorded
abutters. Please let us know what actions have been taken and need to be taken to address this ongoing issue.
If it would be helpful for you to discuss this issue with our association we would gladly host you at one of our
neighborhood meetings.
Abutting Neighbors:
Map&Parcel Ownerl Owner2 Addressl Address 2 Mailing CountryCountry
010008001 MERIC AN ART INC MUSEUM OF A 4676 FALMOUTH RD COTUIT,MA 02635
MERIC
010008002 MYCOCK,RONALD 3 P O BOX 437 COTUIT,.MA 02635 USA
010009 SAVERY,MARGARET E PO BOX 784 COTUIT,MA 02635 USA
WILLIAMS,DONNA 3 DONNA 3 WILLIAMS
4/19/2012
t Message Page 3 of 5.
010010004 TRS TRUST 15 LORRAINE CIRCLE COTUIT,MA 02635
010010005 DESISTO,MICHAEL D P O BOX 308 COTUIT,MA 02635
&VERNA E
016017 PIANTES,SPERO H TR SHP REAL ESTATE P O BOX 8 COTUIT,MA 02635
TRUST
AUTERY,DAVID F& 43 SANDALWOOD
010018 PAMELA A DRIVE COTUIT,MA 02635
Thank you in advance for your time and assistance in this matter. As the approach of the third fall dealing with
these concerns we would appreciate your prompt response. If you need additional information or assistance from
our association please let us know.
Take care,
Stacey
Stacey Schakel
Sandalwood Association Chair
P.O.Box 292
Cotuit, MA 02635-0292
508.428.7306
schake/61(d�comcast.net
From: Geiler,Tom [mailto:Tom.Geiler@town.barnstable.ma.us]
Sent: Monday,October 24, 2011 3:55 PM
To: Stacey Schakel
.Subject: FW: Lorraine Circle
-----Original Message-----
From: Geiler,Tom
Sent: Monday,October 24, 2011 3:52 PM
To: 'Stacey Schakel'
Subject: FW: Lorraine Circle
My name is Tom Geiler. I am Director of Regulatory Services for Barnstable.Tom Lynch asked me to contact you to see if we
can resolve your issue.
It would help me if you could identify the property in question.Do you know the street number?Is it a developed or undeveloped
lot?Can you tell me if there is a pattern to the vehicle coming and going to pick up or drop off?Is it early morning or mid day or
late afternoon?We would be interested in observing this and possibly talking to the vehicle operator.
Any other specific info you have would also be helpful.
email tom.geiler _town.barnstable.ma.us
Phone 508 862 4670
-----Original Message-----
From: Lynch,Tom
Sent: Monday, October 24, 2011 12:03 PM
To: Geiler,Tom
Subject: FW: Lorraine Circle
-----Original Message-----
From: Stacey Schakel [mailto:schakel61@comcast.net]
Sent: Friday,October 21, 2011 9:15 PM
To: Lynch,Tom
Subject: RE: Lorraine Circle
4/19/2012
Message Page 4 of 5
Great,thanks.
From: Lynch,Tom [mailto:Tom.Lynch@town.barnstable.ma.us]
Sent: Friday,October 21, 2011 9:05 PM
To: schakel61@comcast.net
Subject: Re: Lorraine Circle
Thank you for the additional information. I will forward to Regulatory Services and inquire about a zoning violation.
Might be the possiblity of a commercial enterprise in a residential zone.
Tom Lynch
From: Stacey Schakel <schakel6l@comcast.net>
To: Lynch,Tom
Cc: 'Stacey Schakel' <schakel6 1 @comcast.net>; p.autery@comcast.net<p.autery@comcast.net>
Sent: Fri Oct 21 20:28:45 2011
Subject: RE: Lorraine Circle
Hi Mr. Lynch,
Thank you for your prompt reply and follow up. I understand the updates below in regards to the items stored are not in
violation of Board of Health regulations.We do believe however that there are zoning violations as this is a buildable
residential lot currently without a dwelling. Per the earlier information forwarded to you,it appears that this property is
being used as a business,as the vehicle which comes multiple times per day brings, stores and picks up construction
equipment/building materials. It is our associations understanding that therefore this is a zoning violation.Would you be
able to please clarify this?
Thank you again for your guidance and assistance.
Stacey
From: Lynch,Tom [mailto:Tom.Lynch@town.barnstable.ma.us]
Sent: Monday, October 17,2011 4:50 PM
To: schakel61@comcast.net
Subject: Re: Lorraine Circle
Hello Stacey,
I requested information on the property you cited in your email and heard back from Director of Regulatory Services,Tom
Geiler,who sent an inspector out from the Board of Health.
The inspector reported:"There was one vehicle located on the property.There was no food waste or garbage present and
most of the other materials were unenforceable.These items included cinder blocks, pvc piping,a large grey storage unit,
boats, ladders and a 55 gallon drum of car wash soap.The only real trash there was a trailer filled with what appeared to
be construction debris, however none of this material was on the ground.The property was certainly not pretty or well
maintained but there were no clear cut public health violations."
Regulations allow for one uninspected vehicle on the property.
I share your frustration when one property, in an otherwise nicely kept neighborhood,is not maintained.We field several
calls a year about similar properties.Existing regulations often do not give the town authority to force the property owner
to clean up the property absent a code violation.On a positive note the Hyannis"Voices of the Village"group which was
formed last spring discussed this same problem in their village.A subgroup of the"Voices"has been working to draft a
blighted property ordinance.This ordinance would apply town-wide.The intent is to give the town the ability to take action
to force property owners to maintain their properties according to certain standards. Once the ordinance is drafted it would
be brought before the town council for approval.
I wish I had better news to help your neighborhood with the existing situation.
Thank you for calling this matter to my attention and I will let the"Voices"group know they are not alone in their quest to
improve their community.
Sincerely,
Tom Lynch
Interim Town Manager
4/19/2012
Citizen Web Request Page 1 of 5
4
ty� ` Citizen Request Management - Internal Use
Request ID: 21364 Created: 10/12/2007 12:13:03
PM
Status: Assigned To Staff Assigned To: Stanton, David
Health Office
Anonymous: Yes Category: Chapter 108
Hazardous Materials
E.C. Date: 1/2/2008
Created By: Barrett, Caitlin Citations: BARW5950
Health Office
Time Worked: 10.00 Response Time: 2.00
Requestor Details:
Li Email:
Request Location:
36 LORRAINE CIRCLE
Cotuit, Ma 02635
Parcel Number: IMap: 010 Block: 010 Lot: 006
Request:
There are rusty cans of paint being stored at this location, among other things. On July 2
and today, July 14, 2008, a gentleman came in to state that nothing has been done
concerning this situation. The paint cans are still there and there has been no enforcement of
this violation. He is requesting that something be done to help remove this paint and
hopefully curtail any damage to the environment.
Request Work History:
Entered on 10/15/2007 9:52:59 AM
by Stanton, David
Last modified on 10/15/2007 9:56:25 AM
On 10/12/07 DS went to said location. DS did not observe any violations. Knocked on door an
an elderly lady answered. DS explained the complaint and the elderly lady kept apologizing. She
said she was not aware of the paint cans. DS explained it was an allegation and not that she was
in violation. She continued to apologize and said her son always comes down to help her and tha
he takes everything away for her. DS explained there were no violations observed and she did nc
http://issgl2/intemalVvRS/WRequestPn'nt.aspx?ID=21364 7/14/2008
Citizen Web Request Page 2 of 5
have to worry. The original complaint was for 42 Route 130, but this was incorrect. Complaint wa
updated by DS with the correct complaint location.
Entered on 10/16/2007 3:08:57 PM
by Stanton, David
On 10/15/07 DS went to the correct updated location. Photos linked below. There were paint
cans stored on the property. DS will send a warning notice to owner to clean up.
Entered on 10/17/2007 8:43:36 AM
by Stanton, David
Warning notice mailed out.
Entered on 10/30/2007 8:32:08 AM
by Stanton, David
On 10/29/07 DS went to said location. Waste still present.
Entered on 11/5/2007 2:15:27 PM
by Stanton, David
On 11/5/07 DS called attorney for owner of property and left a message to please call DS
regarding the warning notice.
Entered on 11/7/2007 8:18:08 AM
by Stanton, David
On 11/7/07 DS called attorney for owner of property again and left a message.
Entered on 11/9/2007 8:07:05 AM
by Stanton, David
On 11/8/07 DS went back to said location. Violation still present. New photos linked below.
Entered on 11/29/2007 9:15:37 AM
by Stanton, David
Last modified on 12/3/2007 8:20:00 AM
On 11/28/07 DS went to said location. Stuff still there. Will consult with Christine Palkoski on
what to do next, unsure if the evidence (photos) I have gathered is valid evidence or considered
curtilage of the fourth amendment rights of the land owner with respect to the Towns memo Re
Inspections/Evidence Gathering dated May 17, 2007 from Christine Palkoski. DS does not feel it i!
relevant as curtilage references a dwelling and a dwelling is not present at said location (unless
someone is living in the trailer and it is considered a dwelling)The lots mailing address under the
assessors records shows it is in C\O Pamela E. Terry, Esq. The photos have all been taken from
the street, however there is a dilapidated fence present which was intended to block the view
from the street.
Entered on 12/26/2007 12:01:12 PM
by Stanton, David
On 12/26/07 DS went back to said location. Same story, unknown if enforceable or not.
Closing request, will re-open if someone lets me know if I can enforce this or not.
Internal Note History:
htt ://iss l2/intemalWRS/WRe uestPrint.as x?ID=21364 p q q p 7/14/2008
Citizen Web Request Page 3 of 5
Entered on 10/12/2007 12:13:03 PM
by Barrett, Caitlin
Rcv'd from Jackie in planning...described as a "developers empty lot"
System entry on 10/12/2007 12:13:03 PM:
Assigned to Stanton, David
Entered on 10/15/2007 9:55:27 AM
by Stanton, David
When DS got back to the office he spoke with Jackie to see if there was a mistake in the
complaint. Jackie looked into it, and it was the incorrect location. It is very close to the location,
but a few lots over, the map and parcel she originally had Was missing an extension to it. New
location was updated.
System entry on 10/17/2007 8:43:18 AM:
. Estimated completion changed from 10/16/2007 to 10/26/2007
System entry on 10/29/2007 1:06:37 PM:
Estimated completion changed from 10/26/2007 to 10/30/2007
System entry on 10/30/2007 8:31:40 AM:
Estimated completion changed from 10/30/2007 to 10/31/2007
System entry on 11/1/2007 7:54:49 AM:
Estimated completion changed from 10/31/2007 to 11/2/2007
System entry on 11/2/2007 3:00:29 PM:
Estimated completion changed from 11/2/2007 to 11/5/2007.
System entry on 11/5/2007 8:06:30 AM:
Estimated completion changed from 11/5/2007 to 11/6/2007
Entered on 11/5/2007 2:14:51 PM
by Stanton, David
Pamela E. Terry, ESQ (508) 428-3669
System entry on 11/6/2007 7:46:33 AM:
Estimated completion changed from 11/6/2007 to 11/7/2007
System entry on 11/7/2007 8:16:04 AM:
Estimated completion changed from 11/7/2007 to 11/8/2007
http://issgl2/intemalWRS/WRequestPrint.aspx?ID=21364 7/14/2008
„ ,Citizen Web Request Page 4 of 5
System entry on 11/8/2007 8:57:28 AM:
Estimated completion changed from 11/8/2007 to 11/9/2007
System entry on 11/13/2007 8:09:32 AM:
Estimated completion changed from 11/9/2007 to 11/14/2007
System entry on 11/14/2007 9:11:37 AM:
Estimated completion changed from 11/14/2007 to 11/15/2007
System entry on 11/14/2007 9:11:39 AM:
Estimated completion changed from 11/15/2007 to 11/16/2007
System entry on 11/19/2007 8:01:21 AM:
Estimated completion changed from 11/16/2007 to 11/20/2007
System entry on 11/26/2007 8:05:43 AM:
Estimated completion changed from 11/20/2007 to 11/27/2007
System entry on 11/27/2007 7:59:15 AM:
Estimated completion changed from 11/27/2007 to 11/28/2007
System entry on 11/28/2007 8:36:08 AM:
Estimated completion changed from 11/28/2007 to 11/29/2007
System entry on 11/30/2007 8:02:03 AM:
Estimated completion changed from 11/29/2007 to 12/3/2007
System entry on 12/3/2007 8:06:31 AM:
Estimated completion changed from 12/3/2007 to 12/4/2007
System entry on 12/3/2007 8:42:23 AM:
-Please Review- email sent to Palkoski, Christine
System entry on 12/4/2007 7:46:03 AM:
Estimated completion changed from 12/4/2007 to 12/7/2007
System entry on 12/7/2007 7:37:24 AM:
Estimated completion changed from 12/7/2007 to 12/10/2007
System entry on 12/10/2007 7:52:50 AM:
Estimated completion changed from 12/10/2007 to 12/11/2007
http://issgl2/intemalWRS/V,RequestPrint.aspx?ID=21364 7/14/2008
Citizen Web Request Page 5 of 5
System entry on 12/11/2007 8:11:01 AM:
Estimated completion changed from 12/11/2007 to 12/14/2007
System entry on 12/14/2007 8:06:49 AM:
Estimated completion changed from 12/14/2007 to 12/17/2007
System entry on 12/14/2007 8:13:40 AM:
Estimated completion changed from 12/14/2007 to 12/17/2007
System entry on 12/17/2007 8:06:07 AM:
Estimated completion changed from 12/17/2007 to 12/21/2007
System entry on 12/21/2007 8:36:59 AM:
Estimated completion changed from 12/21/2007 to 12/24/2007
System entry on 12/26/2007 7:57:05 AM:
Estimated completion changed from 12/24/2007 to 1/2/2008
System entry on 12/26/2007 12:01:12 PM:
Request Closed by stantond
System entry on 12/26/2007 12:01:12 PM:
-Please Review-email sent to McKean, Thomas.
System entry on 7/14/2008 2:45:37 PM:
Request Reopened by wadlinge
System entry on 7/14/2008 2:50:11 PM:
-Please Review-email sent to Stanton, David
http://issgl2/intemalWRS/WRequestPn*nt.aspx?ID=21364 7/14/2008
Mac, Page 1 of 1
Town of Barnstable Geographic Information System
Parcel Viewer Custom Map Abutters Map Size ■ ■ Zoom Ou4 1 1 1 1 1 1'1In
0
Obi-
J PG Map: 010
.. .. ow—
Location:100100 3 010011
30 010010004 075 j270 Owner:
010010W
,. •14
Location Ir
10017
4 #01 Map& Parc(
010044 024� Location
020 0li4 Acreage
el-5
` 010019 Mailing Addi
Ojp
010000 100
it 10 020
03400�3
030
praised '
Extra Featui
Out Buildinc
Land r
0Q4p7d Buildings
0448 Total Apprai
010008001 t++u'' 010009002
40
010007 ;,t Assessed V
Extra Featui
'' i14300 Out Buildinc
Land
Set Scale 1° = 152 I April 2005 Low Res I MAP DISCLAIMER Buildings
Copyright 2005-2008 Town of Barnstable,MA All rights reserved.Send questions or comm(
BarnstableMA v1..2.3083 (Production'
http://www.town.bamstable.ma.us/arcims/appgeoapp/map.aspx?propertyID=O10010006 7/14/2008
TOWN OF BARNSTABLE BAR-W
Ordinance or Regulation
WARNING NOTICE
Name of Offender/Manager
Address of Offender MV/MB Reg.#
Village/State/Zip
Business Name am/pm, on 20_
Business Address
Signature of Enforcing Officer
Village/State/Zip
Location of Offense
Enforcing Dept/Division
Offense
Facts
This will serve only as a warning. At this time no legal action has been taken.
It is the goal of Town agencies to achieve voluntary compliance of Town
Ordinances, Rules and Regulations. Education efforts and warning notices are
attempts to gain voluntary compliance. Subsequent violations will result in
appropriate legal action by the Town.
WHITE-OFFENDER CANARY-ORD./REG.-PROG. PINK-ENFORCING OFFICER GOLD-ENFORCING DEPT.
TOWN OF BARNSTABLE BAR-w 5950
Ordinance or Regulation
' WARNING NOTICE
Name of Offender/Manager
J4
Address of Offender MV/MB; Reg.#
Village/State/Zip
Business Name am/pm, on
Business Address
Signature of Enforcing Officer
Village/State/Zip
Location of Offense L
Enforcing' Dept/Division ,
f
Offense 1,
Facts
This will serve only as "a warning. At this time 'no legal action has been taken.
It is the goal of Town agencies to achieve voluntary compliance of Town
Ordinances, Rules and Regulations. Education efforts and warning notices are
attempts to gain voluntary compliance. Subsequent violations will result in
appropriate legal action by the Town.
WHITE-OFFENDER CANARY-ORDJREG.-PROG, PINK-ENFORCING OFFICER GOLD-ENFORCING DEPT.
No. r1�1U�- THE COMMONWEALTH OF MASSACHUSETTS � FEE s �
BOARD OF HEALTH
APPLICATION FOR DISPOSAL SYSTEM CONSTRUCTION PERMIT
Application for a Permit to Construct ( Repair ( ) Upgrade ( ) Abandon ( ) - ®•Complete System ❑Individual Components
w Ss T
hh 6 ION Location Owner's ame
Map/Parcel#1 G`'l Address�� :G
Lot#
ja-
Installer's Name
Address
Telephone# /Telephone#
Type of Building: 19 Lot Size k�/ I�'L- Sq.feet
Dwelling—No.of Bedrooms 4 Garbage Grinder ( )
Other—Type of Building No.of persons Showers ( ), Cafeteria ( )
Other fixtures
Design Flow(m'n.re uired) gpd Calculated desi n flow gpd Design flow providedg6 gpd
Plan: at N mber of sh ets—Al 5nt)z —bix— e Sion ate
Title
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 rther agrees t to place the system in operation until a Certificate of Compliance has been issued by the Board of Health.
SignedA Date "SOD
l
LP a(
FORM 1 :,"APPLICATION FOR DSCP' DEP APPROVED FORM 5/96
----————————————————————————————————————————————————————————————————
—---
$ No. , '��{'7 THE COMMONWEALTH OF MASSACHUSETTS FEE _1 '"
BOARD OF HEALTH
CERTIFICATE OF COMPLIANCE
Description of Work: ❑ Individual Component(s) ❑Complete System
The undersigned hereby certify that the Sewage Disposal System;Constructed Repaired( ),Upgraded( ),Abandoned
by: ( )
`
at 310 �lliGt-i►� C.r 1r. l��(l�IT
has been installed in accordance with the provisions of 10 C R 15.00 (Title 5) and the approved design plans/as-built
plans relating to application NoEX% �o dated 3 OJ Approved Design Flow (gpd)
Installer
Designer: Inspector 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
xNo. �V I THE COMMONWEALTH OF MASSAERUSETTS FEE/ I
BOARD OF"HEALTH'
C OF -16hSr eke
APPLICATION FOR DISPOSAL SYSTEM' CONSTRUCTION PERMIT
Application fora ermit to Construct ( Repair ( ) Upgrade ( ) Abandon ( ) - 9- complete System ❑Individual Components
! �E7 Location Owner's ame
� V, C)
A Map/Parcel# Address
Lot# T T e ho e#
? Installer's Name e igns Nafii
�., 1 t� din
Address tAddre Iy
Telephone# z Telephone#
Type of Building: & Lot Size / Sq.feet
Dwelling;No.of Bedrooms Garbage Grinder ( )
- Other—Type of Building No.of persons Showers ( ), Cafeteria ( )
Other fixtures
Design Flow(m'n.re uired) gpd Calculated design flow ` " gpd Design flow provided gpd
Plan: Date d Number of sheets evision ate
Title _ bj.P��Jhlr J
Description of Soil(s)
Soil Evaluator Form No. Name of Soil Evaluator Date of Evaluation
DESCRIPTION OF REPAIRS OR ALTERATIONS
„ A The undersigned agrees to install the-above..described Individual Sewage Disposal System in accordance with the provisions of
TITLE•5 and rther agree ot.to place the system in operation until a Certificate of Compliance has been issued by the Board of Health.
A Signed Date
z
�A
z y. FORM 1,- APPLICATION FOR DSCP DEP APPROVED FORM 5/96
�Y': a a a-.ti.a-.a fe re�a�r a r a a a—au-—a-a urn cur s a b a.a� a s..-. t�ai.�:..n.a a a� a ua W-a�:-...a�a a w•a-a-.! a No.b� ' �'?� �y THE COMMONWEALTH OF MASSACHUSETTS A FEE .
OF HEALTH
F CERTIFICATE OF COMPLIANCE
Description of Work: ❑ Individual Component(s) ❑Complete System
The undersigned hereby certify that the Sewage Disposal System;Constructed Repaired( );Upgraded( ),Abandoned( )
by.
at
has been installed in accordance with the provisions of 0 C R 15.00 (Title 5) and the approved"design plans/as-built
plans relating to application No dated .3 (,D 0 Approved Design Flow (gpd)
Installer
Designer: Inspector 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
---- _'afp "r� t+P+1'' �� trljMttRs •
---------------------------- ---------- —---————— —--'
No. THE COiMMONWEALTH .OF MASSACHUSETTS FEE +
BOARD OF HEALTH
DISPOSAL SYSTEM CONSTRUCTION PERMIT ,
Permission is hereby granted to Construct ( �Repair ( ) Upgrade ( ) Abandon ( ) an individual sewage
disposal system at 3 t o lJ�YGI{1 _p .� Y j as described
in the application for Disposal System Construction Permit No. (4(� dated d
Provided: Construction shall be completed within three years of the date of this permit.All local conditions must be met.
Dated �� �� µ Board of Health 16 sate '
FORM 2 - DSCP DEP APPROVED FORM 5/9.6
FORM 1255 (REV 5/96) - H&W Homs&WARREN TM PUBLISHERS'-.BOSTON
"IN
OF tHE T�
The Town of Barnstable
* s
• BARNSTABLE,
9� MASS. Growth Management Department
.i63q �0
iDTED 39 s 367 Main Street,Hyannis,MA 02601
Office: 508-862-4678 Fax: 508-862-4782
MEMORANDUM
TO: Enforcement Staff
FROM: Christine Palkoski, Regulatory Coordinator
DATE: May 17, 2007
RE: Inspections/Evidence Gathering
Please be aware that in every criminal prosecution and/or civil action the evidence
inspectors have obtained and how it was obtained will be analyzed. In a specific case,
if it is decided that there is insufficient evidence to proceed, or if that evidence was
obtained iiproperly the case will not go forward until the proper evidence is obtained.
Towards'that end, the following relates to the evidence collected while on an individuals
property, without their knowledge and/or permission.
When dealing with search and seizure issues, the ultimate question is whether the
individual against whom the fruit of the search or seizure is used as evidence had a
subjective expectation of privacy in the place searched or the item seized that society
would accept as reasonable. The Fourth Amendment protects the curtilage of a house.
Any protections afforded to a yard is essentially a protection of families and personal
privacy in an area intimately linked to the home. What is considered curtilage depends
on whether the area in question should be treated as the home itself and there are
certain factors that can be considered in any analysis.
With that being said, a court would most likely consider, for example, a deck or patio, to
be adjunct to one's house, and therefore deem it to be protected.
Although each situation is dependent on the individual facts and circumstances, as a
general proposition it would be inappropriate for an inspector to enter into the backyard
of a private residence for the purpose of collecting evidence when the homeowner has
not granted permission. And, most certainly, a court would not condone the taking of
photographs of the inside of someone's house from the outside that will be later used
as evidence.
A
N
.. A;bPNAl.T L4INSL!'3
;i A LU-% W"Wa
MCI Z4_Yf6u1- -
1 LLU
1
rj-WU
Ii�iJl.
-- CIC.HX.-ELEVAMMf4 MAE ELEVATIOt.I -.
_ u
`t
9r
_ iuE /l
5M=;�4, is/rZMa
.osaa 1 allwSl lsy-�' = i eaff�cas»; 508-428.6191
J6Pa4L.T..SN7NSLCb. eviin
esigns
rt f._L
Al Rights
tyrrac
._ Rtterved
-_ ad
MOO
--
_' ylltGt a++-•. .._ .. _ .00
-- __
t:GtiG:'LRtOIU {r'�T+�
►-EF7 ELEVATION -F¢OI.fT EL6VATIOIJ
• A�
_ 4
11 �'
■ Preh—nary plans and layouts by QC.C).are for the use of their customers on/y.Any othN use It 311it tly Prom bl
Jam .
F
---_
1 ,
ci
1 I
� ! ,!
I �
i , /t• N i `I. 1 it J.i II to
.ji.4
• L� - 1.j _ ——_ I I�' I( i 7 I II it p
- I 2 'FBI E I i i
i 'C
i
C)
it
_9 _
-__5 1r
•I III Tllt �l it 11 I 1
1 S� UB I
cJv I � ,�I �LIL
� , I L.I�tUS.J
4 �,., I I I,
14 1 ) 1
i
I LEVEL CLC,. LING .. I�I m
_ a '
D; C.asn. 1r�••o.c.
jh
0• II I III I ii II � I
1:
SECOND.FLOOR F`AN
5EC Ot`lD� F1..Q012.F4J'\MINC,
VF— --- —✓ ---� z ?a yv.r. rTs
0: 5:0 to:ro. : 4:0'..
I E
-�
D•.'.a� N�} - 1 • D; ( r - 'OBt:f'JO'•C GULP
1 S,sDYrGR i ��, r {.• I ( AC+LiATaAZI
IIII
J
9:
tis►•C-fb6'SHE6TRaGK (e.4 ...3 D'. .
.. .. -"'K LICHEN DINIfJC� I - L 1 oµsp[� ,.
1 I � I� Ir r. T
tt � •iy:
1. WALLS 9 CLS. I EWO - li " ( E..
I {' _ _ _
t
� f
CA7CAG8 2` ! (I
"I T'
A-TIIC:.tQNr-..eLAa-1 7t sTL. - ` 508.44$61-
CS
i DITGH'. rn, • 0 Ali
(4)4%i i Iw- t_�L CFLtr
I N• - .4'I 1 flL. 10
Z I,I11. II es
cow,gnt C.)9991`
{1 n FAMILY Mt Rightsr
IILly I"G. ..._. _ \'
I � g _ti I I I ��w.1n eLocrc'c, -
11 rill
` III II �I �
01 I • I I I I �I 2.q 3STa. It.';O.C.. "'
, r
OOR
7:0' -t:O" i 4'.O' fn.O' ' <:O' 4:O- ` 4:O' 4:o ! N:O- 4-0- D+y S3STSR NCR a.LV RT TIOus ewTna.R.o.-•
F
• ... -• • ' "" :JS TjIST /IGN�ELS REQuILE� -
FIRST FLOOR-PLAN „ A-Z
7 r• - Pl elim,nary plans and layouts by D.C.D are for Ine ule of tmpr customer>only.Any other use is st,,Ctly Pr onr D•le ^'.yam
10.LI Dr 11
t .10 F..
.2 x 4.ICINIM 3VASL
.2 xia 3Ct2,10
xt -
�/A'..E.G. 0C:INYtT'LOCY
Y 1 -it in
41.
- _. .... _ _ _ ..... ..
ROOF-FRiAT11f,Y; .SECT1:4bLFi=A---- � _
`'ti:.:
! :1
-._.Sp._.S=
f _
Iz
r j L,turnele ' �— �sNsti
4--x TNK.Ct7rJC..U.". - I{ 1iDA.,vfY
LE
- O' 1A412119
508-429,6191
Dt -
-�►-- N C i
Ofn
—} u
:7 - .sI31.4 57tttl3w(.Q .13- 1.. r
o psi n s
Ti AfbR 24copyright A1909
E]c9"t06C,o 1i 7ginti; t:
Re Bigots Mit�leILWNJL.:
CAtYta_elsDoi..
it
lo•esov �z:n'i .'_e. --�:o• .--- -.. .._._a:o•.---- .------'---- — TIQ1�1. FS-b
1
f A3
.FOUNAAT QU PLA-4
- Preliminary plans and layouts by D.C.D.are for the use of their crrstOmert only.Any other use is strictly prohibit
r
t
i.
I
' I - -
. j' \ �6E[3lP�LRXI'_w+.'FRrEiE
•.i. fill
2.,.LS li Csi:�r.r�?v/SFA"
I
• L 1.+3.i.s�R.�
a
GROIJC
c '` CvcO�oiltPf au-'
U. .TiVEK.Cf1;:FfX)AL�"'
e `
':.�Y.'r;•:StilrlQf;6:9S/leT2R;_conRSE
1,
PDUUrYAT'Ioq WALL SEc-moh) Cr'°to•) + � ) o.R�.e47' CrAlWT):wt-
(�`_
_ ntrnPgrnrluCt..
-
EM.Jo
1
s/nns cv.rxVn. i � r. •-.cAP( u "'--r—�'• i RO ND .
.. 54 ..
+- 4-r r
91r4 r.l'< ISYSWSTER$.
A.
signs
7-4 Un\ Rni P.::n
MAI r"5_1ilCt ..
.. R- 'fi4.cr tR FAvnL� � -
r
j.
14r. 1.O' .. �:Q'.tAy.EokTi r
fi-------�— t I � }777 7lb.Pr•7dSTi r �j�. '
•
. .Y.CLnf.1:DSS.LHpG`6yYSN-
- _ FixE Pc.ncE �TAI,. �r .ro�) CoPzloat!«)
:'.:':1'JECK.:SECTTOIV_'S.t'_Y`•ao'�
+jJ. ' -•. ,. Prrl,—nary plans ano layouts-by OG.O.are for the usr,of their customers only Any other use rs strrt lty `,.Mort,
AREA PLAN
scA L E' 1 50 _ SYSTEM PROFIL E
FINISH GRADE NOT TO SCALE
NOTES
C� (o FINISH GRADE FINISH GRADE .
APPLICATION NUMBER—Q-845B r: '
OVER TANK OVER TRENCHES
TOP FAD •';� / a r �. r . �(+ //y, �` �' /> �%�� `� �"/�`' wY/�C �` r�a//./� ���/�•..�' /� ` ,( � � �\
1. ELEVATIONS BASED ON ASSUMED ; . ••
2. TOWN WA TEA ON SITE SCH 40 PVC . '
S. FLOOD ZONE 'C' `.��' (0':3� i� OR /� :r '
' j CAST IRON ZEES ;
�3,tJC 2.44
BSM'T FLR
1500 GAL. ! EOUALIZERS (02.
REINFORCED .
DIST.BOX
.... «�•t!: i CONCRETE 1 '01*.Io • . . . •• .; •.. S• .1 1...,
• R;.•. ! BAFFLE �$ •- -••
:b. .5::.: : i ; ::•: .,4:•Ji. '.''•:'r TO BE INSTALLED ON A • .
,,
LEVEL STABLE BASE
SEPTIC TANK Q
NOTE: TRENCH LENGTH
THIS PLAN IS A REVISION
OF A PLAN DATED MARCH 91, 1995 TO BE INSTALLED ON A
TO COWL Y WI TH TI TLE V REGULA TIONS.
LEVEL STABLE BASE 9B'—o'
_ _ _ _ _- _,_.. p
5'MIN.HEIGHT
W NO TE. DO NO T RUN HEA V Y EQUIPMENT O VER S YS TEM ABOVE OBSERVED
GROUND WA TER
V NOTE.,
_.__.:...,.•._.._._.
A SOIL EVALUATION IS REGUTAED
PRIOR TO INSTALLATION TO L EA CHING INFIL TPA TOR SECTION
VERIFY SOIL COMDr TrOJVS AT
HE LEACHIN6 AREA. CONTRACTOR NOT TO SCALE SOIL AND PERGOLA TION DATA
TO CONTACT FERREIRA ASSOC.
Z' FOR FINISH GRADE
LOT 4 4, SEE SYSTEM PROFILE
WA SHED S TONE PERM. RA TE
5 MrN/IN.
_ (
t LINE BEARING DISTANCE L12"MIN ) TAKEN BY RIChGIRO FERREIRA
p 1 S 72'12'44'N 11.e1 , S,; ; :k•.'r.' '.«:.. :�•".��� WITNESSED BY ED BARAY
r / 2 IV 54.37'09`N 22.19 a i• •'::o i��� �'•• %•: s DATE MARCH 24. 1995
EAS 9 N 27'44'02"E 25.76 4"DIA.PIPE o ;' 'c rE V..::.
t g 4 x 4 S 11.19•01'E 20.00 •.• ST PIT EL 62.0
< ' - ti ''• `,' '• PERC'D A T 80' APPL ICA TION NO. P—B45B
\ v r, NA TURAL SOIL - o'e•n .• •� o �c EFFECTIVE -- M _
N ) y a :•w .i•' a ::.` DEPTH TOPSOIL—SUBSOIL
A` LOT 5 24
,314"—1 112
" 1 0�I n'tl 0 +0.e I,S•D 00 0 ..0• .• • .•. ...o N •r 8� . �i•'I •••:, ~
Bt7dQtl'uAK 1 � f WASHED STONE „.. . �,..�,•o:'i•e» ' .;� pia.• ,.�..• 'r.' `ti> '
EFFECTIVE WIDTH ; MEDIUM SAND
4{• 0'-10' 72 R �- Y }
` s
S' EXCA VA TED SIDEWAL L 4 -o` 4•-0' SAND 6 GRA VEL
' E •l 1. �r 123 R OF Ts tL�'c�'Gam«
• '
,. t' •S3 F MEDIUM-FINE
NUMBER OF INFIL TRA TORS SAND
s r $!f f1 eozr - - LEACHINGPROPOSED NO GROUNDWATER
DESIGN DATA
j ""^� a • ._, •, zn�sc rae rags wzn�
2 • (a _ ,.� 4' STONE ALL A IDEWALL AREA . 74 GALS/SF 144 GALS. 4
® a 50 e) t se• x 10•-10• x 2 195 S. F. S., NO.OF BEDROOMS
Qi om pap-0 r I tsEE PF�QF7LEJ DISPOSAL NO
• (full BO :.� 411 S. F. OTTOM AREA . 74 GALS/SF_304 GALS.
,r EST. TOTAL DAILY EFFLUENT 440 GALS.
U Q t laoo 64L. (> � � 606 448 SEPTIC TANK 1500 GAL.
a ^ e SOOT= r", S. F. TOtAL AREA GALS/SF GALS.
¢ - y
. GENERAL NOTES
w NOTE: 1. ALL SYSTEM COMPONENTS SHALL BE INSTAL LED IN
W T STATE SANITARY CODE.,
-•- , o ti •, .� A CCOADA NCE_ I TH TITLE E 5 OF THE A E ,
-... V V 6,a.. OM
ER 6 EXCA ATE TO EL V.5 OR LO ER AS REQUIRED
a NO NY LOCAL RULES APPLrCABLE
` " - • + TO •MOVE ALC LOAM AND CLAY CONTAINING DATED MARCH_ 1995 A A '
8 182 S. F. •
'5 + N MATERIAL BENEATH THE LEACHING AREA.REPLACE 2. ANY CHANGE`IN THIS PLAN MUST, BE. APPROVED
A TERIAL WI TH CL EA CL A Y FREE GRA VEL ExCA VA TED M B Y THE'BOARD OF, HEAL TH AND FERREIRA ASSOC. . ,
•
� MECHANICALLY COMPACTED IN PLACE
3 WHEN CONSTRUCTION ' S-COMPLETED PRIOR TO BA KFILLINC
OTIFY :BOARD OF HEAL TH FOR INSPECTION
zoa �a N
r
4 V UST CHECKED WHEN COMPL ETEO FND. EL V. M BE
,,.
LEGEND
_ 5. THESE EL . MUST NO $E :CHANGEQ. 1"THOU
E
v
THE BOARD OF HEALTH APPROVAL
A TINSPECTION`AEQ WHEN XCA VA-TED
AN 6. BOARD OF HEAL HD E
4
EXIST.GAOUNL7 ELEV.
,--------- .. w
s FINISH GROUND ELEV.
_.. ,
_ - , SEWAGE DISPOSAL S YS TE / PLAN.
- .
IPE IN ERT ELE .
x
_ PREPARED FOR
n
TEST.PIT. Ot.A ION
�.
y y
S
yr ,@ *+f r
t Pt
T T
_ SEPTIC NK
,
_ UST
COMPASS REAL T Y TP
X „ . >. ...
DISTRIBUTION BOX �r ..
PCt. B 2
a M LOT 6 LD PAINS CIPCLE
,<
_
4 c.r.OR scN 40 PVC ,., BAf-�1VSTABL E. - .MASS. ......
4"B.,T.FIBER.PIPE TIGHT JOINTS
y
.5.z dd
PROPER LINES E >. FEBRUARY P 2001
DESIGN�'D SAP GATE. ,
_ -FERR IRA,_ r, SSQCI
c
.' ._.;.� SET D STAN E
r , A -/,1° SCALE AS,SHOWN ,. OR WN.
_ 31 s
;. ._ ,. 1
• '
10-6
_
F MO H MASS
, 0 1
A
HECKE'D DRA O. ,„ C IN N
MAP SE P
r.. •.n ., -.,.... r
.. .. -+,. , ,. i,... . .,,. f.- • a u t , .._.. .e... .. ... , .