HomeMy WebLinkAbout0022 MARION WAY - Health 1� 22 Marion Way, Osterville
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FLAGGED FILE
Be sure to stay with file whenever anyone
outside the department is viewing file.
Thank you.
L O AT ION SEWAGE PERMIT NO.
(30
VILLAGE
I N S T ll R'S AME ADDRESS
3 U I L D E R 0R Ow
DATE PERMIT ISSUED -- p -7
DAT E COMPLIANCE ISSUED f,�Ql 'oz - 791
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IVERY
SENDER COMPLETE THIS SECT/Ok COMPLETE THIS SECTION ON DEL
■ Complete items 1,2,and 3.Also complete A. Signature .
item 4 if Restricted Delivery is desired. X ❑Agent
■ Print your name and address on the reverse A ❑Addressee j
SO th8t we Can return the Card t0 you. B. Rennted<Name) C. Date of*b� Delivery
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from item 1? ❑Yes "
1. Article Addressed to: r //i-, M l
If Y(ESP enter`de?ery address below: ❑ No
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T Kathleen Pouser �y--
605 Sombero Beach'
t#306 3. Se ice Type
Aprtifi�Mail [3E>�lass Mail
MaYathori, FL 33050 Registered ❑Return Receipt for Merchandise
❑Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number =�
"� p08 13230�r2202 S178 0455
(Transfer from service Iabe6 f
PS Form 3811,February 2004 a Domestic Return Receipt 102595-02-M-15Q)
UNITED STATES POSTAL SERVICE First-Class Mail
Postage&Fees Paid
I LISPS
Permit No.G-10
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I • Sender: Please print your name, address; and ZIP+4 in this box •
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a Town of Barnstable
` Health Division
`= 200 Main Street
I 'Hyannis,MA 02601
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Certified Mail#7008 3230 0002 5178 0455
TKE Town of Barnstable
Regulatory Services
&UMS nsLE, Thomas F. Geiler, Director
Public Health Division
Thomas McKean, Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
August 9, 2012
Kathleen Pouser
22 Marion Way
Osterville, MA 02655
NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY
CODE II—MINIMUM STANDARS OF FITNESS FOR HUMAN HABITATION.
The property owned by you located at 22 Marion Way Osterville, MA was inspected on,
August 8, 2012 by Timothy B. O'Connell, R.S., Health Inspector for the Town of
Barnstable because of a complaint. T
The following violations"of the State Sanitary Code were observed:
105 CMR 410.500 —Owner's Responsibility to Maintain Structural Elements:,
There was excessive rot observed around the rake boards and the siding areas located on ,
the back side of the dwelling. This is.causing chronic dampness throughout dwelling unit.
Observed water staining and mold like substance on ceilings in the kitchen, living room,
bedrooms and base of cellar stairs.
105 CMR 410.500— Owner's Responsibility to Maintain Structural Elements:
Deck was observed to have large hole within decking. ,
You are ordered to correct the violations listed above within thirty (30) days of your
receipt of this notice by pulling any required building permits (if applicable); by
fixing all areas around home that are leading to chronic dampness and mold.like
growth within said areas; by repairing deck.
You may request a hearing before the Board of Health if written petition requesting same
is received within ten (10) days after the date the order is served. ,Non-compliance will
result in a fine of$100.00 per violation. Each day's failure to comply with an order shall
constitute a separate violation. Should you have any questions regarding above violations,
please contact the Town Health Division and ask to speak with inspector who performed
the'inspection. _. y;
PER ORT,k--o 'T HE`BOARD OF HEALTH
y '�-o-�s
Thomas A. McKean' R:S.' CHO.'. .
Director of Public Health
Town of Barnstable
Cc: Tara Andrews; Occupant
a
QAOrder letters\Housing violations\Rental ordinance\22marionway8-8-12
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Certified Mail#7008 3230 0002 5178.0455
Town of Barnstable
THE r
o Regulatory Services
BARNSPABi.B. , Thomas F. Geiler, Director
MASS.
94'''rFflNa�a'�� Public Health Division
Thomas McKean, Director
200 Main Street, Hyannis, MA 02601
Office: 508-8624644 Fax:- 508-790-6304
August 9, 2012
Kathleen Pouser
22 Marion Way
Osterville, MA 02655
NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY
CODE II—MINIMUM STANDARS OF FITNESS FOR HUMAN HABITATION.
The property owned by you located at 22 Marion Way Osterville, MA was inspected on
August 8, 2012 by Timothy B. O'Connell, R.S., Health Inspector for the Town of
Barnstable because of a complaint.
The following violations of the State Sanitary Code were observed: 4
105 CMR 410.500 —Owner's Responsibility to Maintain Structural Elements:
There was excessive rot observed around the rake boards and the siding areas located on
the back side of the dwelling. This is causing chronic dampness throughout dwelling unit.
Observed water staining and mold like substance on ceilings in the kitchen, living room,
bedrooms and base of cellar stairs.
105 CMR 410.500—Owner's Responsibility to Maintain Structural Elements:
Deck was observed to have large hole within decking.
You are ordered to correct the violations listed above within thirty (30) days of your
receipt of this notice by pulling any required building permits (if applicable); by
fixing all areas around home that are leading to chronic dampness and mold like
growth within said areas; by repairing deck.
You may request a hearing before the Board of Health if written petition requesting same
is received within ten (10) days after the date the order is served. Non-compliance will
result in a fine of$100.00 per violation. Each day's failure to comply with an order shall
constitute a separate violation. Shouldyouu have any questions regarding above violations,
please contact the Town Health Division and ask to speak with inspector who performed
the inspection.
PER OI�'EVCD +f T1IE BOARD OF HEALTH
Thomas A. McKean,R.S., CHO
Director of Public Health
Town of Barnstable
Cc: Tara Andrews; Occupant
1
QAOrder letters\Housing violations\Rental ordinance\22marionway8-8-12
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1
FORM30 CAW Homs&WARREN TM THE COMMONWEALTH OF MASSACHUSETTS
BOARD OF HEALTH
CITYITOO�W,N,
DEPARTMENT
ADDRESS —
, GSM s°Jew
-• t � TELEPHONE
Address `� 9 '`r"ire Occupant_-��
Floor Apartment No. V No. of Occupants
No.of Habitable Rooms No.Sleeping Rooms
No.dwelling or rooming units N.-Stories_
Name and address Of own r ✓
y -30 emarks Reg. Vio.
YARD Out Bld s.: Fences:
Garbage and Rubbish (�
Containers:
Drainage
Infestation Rats or other:
STRUCTURE EXT. Steps,Stairs, Porches: tG�
Dual Egress:and Obst'n.:
❑ B ❑ F ❑ M Doors,Windows: n., t7q
Roof f i <✓
Gutters, Drains: ` l
Walls:
Foundation:
Chimney:
BASEMENT Gen.Sanitation:
Dampness:
Stairs:
Li htin :
STRUCTURE INT. Hall,Stairway:
Obst'n.:
Hall, Floor,Wall,Ceiling:
Hall Lighting:
Hall Windows: I V
HEATING Chimneys:
Central ❑ Y ❑ N Equip. Repair w
TYPE: Stacks, Flues,Vents: ;
PLUMBING: Supply Line:
❑ MS ❑ ST ❑ P Waste Line:
H.W.Tanks Safety and Vent(s)
ELECTRICAL Panels, Meters,Cir.:
❑ 110 ❑ 220 Fusing,Grnd.:
AMP: Gen.Cond. Distrib. Box:
Gen. Basement Wiring:
DWELLING UNIT
Ventil. L to . Outlets Walls Ceils. Wind. Doors Floors Locks
Kitchen
Bathroom
Pantry
Den
Living Room
Bedroom 1
Bedroom 2
Bedroom 3
Bedroom 4
Hot Water Facil. Sup.Ten.,Gas,Oil, Elect.:
Stacks, Flues,Vents,Safeties:
Kitchen Facilities Sink
Stove
Bathing,Toilet Facil. Vent., Plumb.,Sanit'n.:-
Wash Basin,Shower or Tub:
Infestation Rats, Mice, Roaches or Other:
Egress Dual and Obst'n:
General Building Posted
Locks on Doors:
ONE OR MORE OF THE VIOLATIONS CHECKED ABOVE IS A CONDITION WHICH
MAY MATERIALLY IMPAIR THE HEALTH OR SAFETY AND WELL-BEING OF THE
OCCUPANT AS DETERMINED BY 105CMR 410.750 OF THE CODE OR THE
AUTHORIZED INSPECTOR.(See Over)
"THIS INSPECTION 9 ORT IS SIGNED AND CERTIFIED UNDER THE PAINS AND
PENALTIES O P
INSPECTOR TITLE
DATE U _ � '� TIME P.M.
A.M.
THE-NEXT SCHEDULED REINSPECTION ki P.M.
0
410.750: Conditions Deemed to Endanger or Impair Health or Safety
The following conditions,when found to exist in residential premises,shall be deemed conditions which may endanger or
impair the health, or safety and well-being of a person or persons occupying the premises. This listing is composed of those
items which are deemed to always have the potential to endanger or materially impair the health or safety, and well-being of the
occupants or the public. Because Chapter 11, 105 CMR 410.100 through 410.620 state minimum requirements of fitness for
human habitation, any other violation has the potential to fall within this category in any given specific situation but may not do so
in every case and therefore is not included in this listing. Failure to include shall in no way be construed as a determination that
other violations or conditions may not be found to fall within this category. Nor shall failure to include affect the duty of the local
health official to order repair or correction of such violation(s) pursuant to 105 CMR 410.830 through 410.833 nor shall failure to
include affect the legal obligation of the person to whom the order is issued to comply with such order.
(A) Failure to provide a supply of water sufficient in quantity, pressure and temperature, both hot and cold, to meet the ordinary
needs of the occupant in accordance with 105 CMR 410.180 and 410.190 for a period of 24 hours or longer.
(B) Failure to provide heat as required by 105 CMR 410.201 or improper venting or use of a space heater or water heater as
prohibited by 105 CMR 410.200(B)and 410.202.
(C) Shutoff and/or failure to restore electricity or gas.
(D) Failure to provide the electrical facilities required by 105 CMR 410.250(B), 410.251(A), 410.253 and the lighting in com-
mon area required by 105 CMR 410.254.
(E) Failure to provide a safe supply of water.
(F) Failure to provide a toilet and maintain a sewage disposal system in operable condition as required by 105 CMR
410.150(A)(1)and 410.300.
(G) Failure to provide adequate exits, or the obstruction of any exit, passageway or common area caused by any object,
including garbage or trash, which prevents egress in case of an emergency 105 CMR 410.450, 410.451 and 410.452.
(H) Failure to comply with the security requirements of 105 CMR 410.480(D).
(1) Failure to comply with any provisions of 105 CMR 410.600, 410.601 or 410.602 which results in any accumulation of gar-
bage, rubbish,filth or other causes of sickness which may provide a food source or harborage for rodents, insects or other pests
or otherwise contribute to accidents or to the creation or spread of disease.
(J) The presence of leadbased paint on a dwelling or dwelling unit in violation of the Massachusetts Department of Public
Health Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000. (See M.G.L. c. 111 @@ 190 through 199.)
(K) Roof,foundation, or other structural defects that may expose the occupant or anyone else to fire, burns, shock, accident or
other dangers or impairment to health or safety.
(L) Failure to install electrical, plumbing, heating and gas-burning facilities in accordance with accepted plumbing, heating,
gas-fitting and electrical wiring standards or failure to maintain such facilties as are required by 105 CMR 410.351 and 410.352,
so as to expose the occupant or anyone else to fire, burns, shock, accident or other danger or impairment to health or safety.
(M) Any defect in asbestos material used as insulation or covering on a pipe, boiler or furnace which may result in the release
of asbestos dust or which may result in the release of powdered, crumbled or pulverized asbestos material in violation of 105
CMR 410.353.
(N) Failure to provide a smoke detector required by 105 CMR 410.482.
(0) Any of the following conditions which remain uncorrected for a period of five or more days following the notice to or
knowledge of the owner of said condition or conditions:
(1) Lack of a kitchen sink of sufficient size and capacity for washing dishes and kitchen utensils or lack of a stove and oven
or any defect that renders either inoperable.
(2) Failure to provide a washbasin and shower or bathtub as required in 105 CMR 410.150(A)(2)and 410.150(A)(3)or any
defect which renders them inoperable.
(3) Any defect in the electrical, plumbing or heating system which makes such system or any part thereof in violation of
generally accepted plumbing, heating, gasfitting, or electrical wiring standards that do not create an immediate hazard.
(4) Failure to maintain a safe handrail or protective railing for every stairway, porch balcony, roof or similar place as
required by 105 CMR 410.503(A)and 410.503(B).
(5) Failure to eliminate rodents, cockroaches, insect infestations and other pests as required by 105 CMR 410.550.
(P) Any other violation of 105 CMR 410.000 not enumerated in 105 CMR 410.750(A)through (0)shall be deemed to be a con-
dition which may endanger or materially impair the health or safety and well-being of an occupant upon the failure of the owner
to remedy said condition within the time so ordered by the Board of Health.
SECTIONSENDER:COMPLETE THIS . . .
■ Complete items 1,2,and 3.Also complete A .Signs `
item 4 if Restricted Delivery is desired. ❑ ent
e Print your name and address on the reverse X Addressee'
so that.we.can return the card to you. B. iv fty-7Pgbted Name) C. Date Delive
■ Attach this card to the back of the mailpiece, 0 _ _O
or on the front if space permits. ' LJ
D. Is delivery address different from item 1? Yes
1,111. Article Addressed to: If YES,enter delivery address below: ❑No
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important Reminders:
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required.
•For an additional fee, delivery may be restricted to the addressee or
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endorsement"Restricted-Delivery".
e If a postmark on the Certified Mail.receipt is desired,please present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt Is not needed,detach and affix label with postage and mail. I T
.IMPORTANT:.Save this receipt and present it when making an inquiry."
.Internet access to delivery information is not available on mail
addressed to APOs and FPOs.
EN DER:'COMPLETEi THIS SECTION COMPLETE THIS;SECT4PN ON DFL.
s Complete items 1,2,and 31 Also,complete A S' to
Rem 4 if Restricted-'Deliver,is desired. X ❑Agent
le Print your name and address on the reverse ❑Addressee
so that we can return the card to you. B. Pevj y(Pr1 end N ) C. D e of elivery
Is Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from Rem 1? ❑ es
1. Article Addressed to: If YES,enter delivery address below: ❑No
3. Service Type
P0 x $Certified Mail ❑Express Mail
,Registered , , ❑Retum Receipt for Merchandise
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4. Restricted Delivery?(Extra Feat p
2. Article Number ; i ' �i ; i: 7'0'0 6 i 0 8110' 0 0 01 0 135 2 5 n�8'0 9 i N
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PS Form 3811,February 2004 Domestic Return Receipt G595-02-M-1540
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Certified'Mail Provides: F
• A mailing receipt fes 9u)zoaa eunf'o0sc uuo.4 sd
D A unique identifier for your mailpiece
m A record of delivery kept by the Postal Service for two years
hoortent Reminders:
4 Certified Mail may ONLY be combined with First-Class Maile or Priority Mail®.
Q Certified Mail is not available for any class of international mail. &
m NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables,please consider Insured or Registered Mail.
• For an additional fee,a Return Receipt may be requested to provide proof of
delivery.To obtain Return Receipt service,please complete and attach a Return
Receipt(PS Form 3811)to the article and add applicable postage to cover the
fee.Endorse mailplece"Return Receipt Requested".To receive a fee waiver for
a duplicate return receipt,a USPSe postmark on your Certified Mail receipt is
required.
•For an additional fee, delivery may be restricted to the addressee or
addressee's authorized agent.Advise the clerk or mark the mailpiece with the
endorsement"RestdctedfDelivery".
q If a postmark on the Certified Mail receipt is desired,please present the arti-
cle at the post office for postmarking. If a postmark on.the Certified Mail
receipt is not needed,detach and affix label with postage and mail.
IMPORTANT:Save this receipt and present it when making an inquiry.
Internet access to deliveryry information is not available on mail
addressed to APOs and FPOs.
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SHE rph�� '. _. �arristable
Town of Barnstable �
AN-ftedcaMy
BARNSTABLE,
M 9• Board of Health
FO MAt 200 Main Street, Hyannis MA 02601
2007
r �
Office: 508-8624644 Wayne Miller,M.D.
FAX: 508-790-6304 Paul Canniff,D.M.D.
Junichi Sawayanagi.
CERTIFIED MAIL-RETURN RECEIPT#7006-0810-0000-3525-0793 October 10, 2007
Kathleen Pouser
22 Marion Way
Osterville, MA 02655
Dear Ms. Pouser:
On August 29, 2007, a letter was mailed to you from the Board of Health ordering you to remove
two of the five existing bedrooms at 22 Marion Way, Osterville, within sixty (60) days of your
receipt of the letter. You must obtain a building permit from the Building Division to.perform
the required work.
HISTORY On June 22, 2006, the owner of the property came to the Town of Barnstable Town
Offices to apply for a building permit. Health Inspector David W. Stanton, RS,' reviewed the
building permit application. The building permit application indicated that it. was a five (5)
bedroom dwelling. Your building permit application was ineligible. The following violation of
the State Environmental Code was observed: 310 CMR 15.214: Nitrogen Loading
Limitations: Five (5) bedroom home being utilized within a Zone 2,•Wellhead Protection Area
with less then one acre of land. On August 10, 1979, septic permit #79-532 was issued for two
(2) bedroom home. The engineered plans for septic-permit #79-532 were designed for a single
family, three (3) bedroom home. The engineered plans list the lot as being 15,000 square feet of
land. There are no building permits on file with the Building Division for five (5) bedroom
home. During the building permit application-process you stated the dwelling contained five (5)
bedrooms...You.also stated that two.(2)septic systems.were present at said property.-
You are directed to correct the violation listed above on, or before November 1, 2007, which is
within twenty (20) days of your receipt of this second notice-eliminating the two extra illegal
bedrooms so that a total of only three (3) bedrooms are present at.this property. The Town of
Barnstable Health Department has a policy to eliminate the privacy of being considered a
bedroom by installing a minimum five (5) foot cased opening with no doors, beds or people
sleeping in the room.
Please call Health Inspector David W. Stanton, RS, to schedule an inspection of the property
when.the extr bedrooms haves been`eliminated at(508) 862-4647.
Sincerely, y
omas c can
Director, Public Health Division
Cc: John Hopkins, PO Box 457, Barnstable, MA 02630 Cert. RR#7006-0810-0000-3525-0809
Cc: Christine Palkowski
Q:\Order.letters\Sewage Violations\Pouser22Marion2007BOHDecision.doc
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Excerpt from December 18, 2007 Board of Health Meeting:
A. Kathleen Pouser, owner— 22 Marion Way, Osterville, status on removal
of two of five existing bedrooms.
Charles Sabatt, Attorney, represented Kathleen Pouser. He said the owner came
to the Building Department to get a permit to expand the door opening as required,
however, the Building Department did not allow the permit at that time.
He is told there are four bedrooms and one has been removed, however, he wants
to speak with the owner (unreachable at the moment).before he can confirm that.
r -
oY Tfl1yti Barnstable
�. Town of Barnstable0Am- aieBC
ly
°" ASS. x Board of Health i
200 Main Street Hyannis MA 02601
2007
Office: 508-862-4644 Wayne Miller,M.D.
FAX: 508-790-6304 Paul Canniff,D.M.D.
Junichi Sawayanagi
August 29, 2007
Kathleen Pouser
22 Marion Way w
Osterville, MA 02655
Dear Ms. Pouser,
On July 17, 2007, the Board of Health voted to limit the property owned by you located at 22
Marion Way, Osterville, to three (3) bedrooms maximum. Therefore, two of the five existing
bedrooms shall be removed within sixty (60) days of your receipt of this letter. You shall obtain
a building permit from the Building Division to perform the required work.
HISTORY On June 22, 2006, the owner of the property came to the Town of Barnstable Town
Offices to apply for a building permit. Health Inspector David W. Stanton, RS, reviewed the
building permit application. The building permit application indicated that it was a five (5)
bedroom dwelling. Your building permit application was ineligible. The following violation of
the State Environmental Code was observed: 310 CMR 15.214: Nitrogen Loading
Limitations: Five (5) bedroom home being utilized within a Zone 2, Wellhead Protection Area
with less then one acre of land. On August 10, 1979, septic permit #79-532 was issued for two
(2) bedroom home. The engineered plans for septic permit #79-532 were designed for a single
family, three (3) bedroom home. The engineered plans list the lot as being 15,000 square feet of
land. There are no building permits on file with the Building Division for five (5) bedroom
home. During the building permit application process you stated the dwelling contained five (5)
bedrooms. You also stated that two (2) septic systems were present at said property.
You are directed to correct the violation listed above.within sixty(60) days of your receipt of this
notice by eliminating the two extra illegal bedrooms so that a total of only three (3)bedrooms are
present at this property. The Town of Barnstable Health Department has a policy to eliminate
the privacy of being considered a bedroom by installing a.minimum five (5) foot cased opening
with no doors, beds or people sleeping in the room.
Please call Health Inspector David W. Stanton, RS, to schedule an inspection of the property
when the extra bedroom has been eliminated at(508) 862-4647.
Si ly,
ille , M.D., Chairm
BO OF HEALTH
Cc: Christine Palkowski
Q:\Order letters\Sewage Violations\Pouser22Marion2007BOH Dec ision.doc
r
16010 ,' Page of 5
fff
Cynthia Cole will formalize the request for a moratorium of�o•ne year fad M n-S eet
area (the specific area will be identified) for the dumpster screening. Her plan is to
enable a volume discount for screening.
C. Peter Sullivan, P.E., representing Mr. and Mrs. Cook, 545 South Main Street,
Centerville.
Peter Sullivan summarized 1 1/3 acres not in the zone of contribution, the Board had
approved with variances in 2004. Peter redesigned a system which the Board motioned
last meeting and the vote did not carry to approve the plan.
Owner, Mr. Jeffrey Cook, spoke. The original variance approval for three bedrooms still
has two more weeks to take a permit out on. They will use that to install this new over-
designed system (a 4 bedroom system) with a sand filter and keep the three-bedroom
deed restriction. They will collect data quarterly, review the data in the future with the
staff and the Board in the hopes of having the Board approve of rescinding the deed
restriction.
VII1. Correspondence:
A. John Hopkins, Attorney, for Kathy Posner, 22 Marion Way, Osterville, will,do
the necessary work to meet Board's approval.
A letter from John Hopkins dated April 10, 2007; asks for extension until July 1, 2007, to
complete all the items requested by the Board.` The response letter should specify to go
to the Building Dept for clarification on what they will be able to keep in the kitchen.
B. Anne and Jim Adams, 759 Main Street, Cotuit, regarding 671 Main Street,
Cotuit development.
The plan for 671 Main Street, Cotuit does not comply with State Title V. Here the 440
Rule would apply. The owner(s) must apply to the Board. The 440 Rule is a State rule
which means the 40B Developments must come before us. They can not get a State
Approval without receiving the local Board of Health approval first.
C. Cotuit-Santuit Civic Association regarding 671 Main Street Cotuit development.
(see above item B)
New Items:
1) Dr. Miller had on the agenda to review the touchless. He requested that the
file/notes be pulled when Sumner proposed the faucets.
2) Mr. McKean will check with State on the touchless faucet reliability.
3) Manure at the Transfer Station — status. The Board needs to send a letter to
Glenn Santos at Transfer Station to request progress.
4) Escrow Status — The line item of$5,000 is in the budget.
5) Old Jail Lane — Stoccetti. Status- Tom will make sure the tank was replaced.
APR. 10.2007 9:20AM ATTORNEY HOPKINS y0.425---P.1--
v c..
JO
HN B. HOPKINS
ATTORNEY AT LAW AL
1441 Iyanough Road
Post Office Box 457
Barnstable f
Massachusetts 02630
Phone (508)771-8001 -1� I j
� v� 0
Fax (508) 771-8466 G e.
E-M1i1:jbh0pkins@verizan.net
FAX TRANSMISSION COVER SHEET
4-.be-&iAo
TO: THOMAS MCKEAN 4-(,a4' i �-
FROM: CJOHN-B. HOPKINS, ESQ.
C. 4/l0
RE: 22 MARION WAY, OSTERVILLE,MA
DATE: 4/10/07
J FACSIMILE NO.: 508-790-6304
NUMBER OF PAGES: [ 3 ] (including cover sheet)
If you have difficulty receiving this transmission, or do not receive the specified number of
Pages,please call (508) 771-8001.
COMMENTS:
CONFIDENTIALITY NOTICE
The documents accompanying this FAX transmission cover sheet contain information from the Law Office of John
B. Hopkins, Esquire which is con)ldential or privileged.: The information is intended to he for the use of the
individual or entity named on this transmittal sheet. If you are not the inrended recipient, he. aulare that any
disclosure, copying, disrrihution or use of the contents of this FAX transmission is prohibited. IF YOU HAVE
RECEIVED THIS FAX TRANSMISSION IN ERROR PLEASE NOTIFY UN IMMEDIATELY BY TELEPHONE.
Thank you.
APR.10.2007 9:20AM ATTORNEY HOPKINS 'R 1�10.425 P.2'
3
s ,
JO
,-� HN B. I30PKINS
ATTORNEY AT LAW
1441 Iyanough Road
Barnstable,MA 02630
Mailing Address: Telephone: (508)771-8001
P.O.Box 457 Facsimile: (508)771-8466
Barnstable,MA 02630 E-mail: 'bho -nsaver- net
April 10, 2007
VIA FACSIMILE 508-790-6304
AND REGULAR MAIL
Thomas McKean, Director
Public Health Division
Town of Barnstable
200 Main Street
Hyannis, MA 02601
RE: Kathleen Pouser,22 Marion Way, Osterville,MA
Dear Mr. McKean:
Based upon the comments made by the Board of Health at the meeting of February 14,
2007, and based upon our subsequent communications with Carmen Shay, R.S., C.S.E., Ms.
Pouser understands that despite the misrepresentations that had been made to her at the time of
purchase of this real estate and despite the inconsistencies that appear on documents on file in
various town agencies, the premises at 22 Marion Way consist of a three-bedroom home, Given
that the property is located within a Zone 2, Well-head protection area, and given that the locus
contains less than one acre, she understands that she cannot have more than a three-bedroom
dwelling.
My client accepts this and understands further that she has to take action to change the
interior of the premises so as to remove doors,widen the door entrances and take other action to
conform. While Ms. Pouser accepts and understands her obligation to`do this, she will not be
returning from Florida,where she maintains a winter home,until mid-May. She is asking for an
extension of time to complete this work until approximately July I". In the meantime, however,
she understands that she cannot rent this property and that no more than three rooms in the house
can be used as bedrooms.
With respect-to the added "kitchen", she would hope to be able to retain some or all of
that to service the room that she will use as a. den/recreation area. She understands that this
cannot be used as a kitchen and that the room in which it is located cannot be used as a rental
unit.
!;=APR.10.2007 9:20AM ATTORNEY HOPKINS VO.425 .3 _-
Thomas McKean, Director
Public Health Division
Town of Barnstable
Page -
2-This matter is now scheduled for hearing on Tuesday, April 10, 2007. I will make the
same representations to the Board of Health as I am making to you here. I can assure you just as
I will assure the Board of Health when I appear before them that there will be no using any
addition or the additional bedrooms for rental purposes. This will be strictly a three-bedroom
home and the addition will be a recreation room.
I would be more than happy to discuss this with you.
V y truly yours,
. John . Hopkin
JBH:cmc
cc: Kathleen Pouser
Dictared bu[not read
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Of 1 r�
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Crocker, Sharon
From: Crocker, Sharon
Sent: Wednesday, June 06, 2007 12:47 PM
To: Edson, Linda 1;E-6�Jw
Subject: RE: Results of Minutes April 2007 BOH Meeting-22 Marion Way
< per✓
Follow-up status would be July 17 meeting. I don't believe it would require their presence, only an update to!yy�r,
Board. 1
r
-----Original Message-----
From: Edson,Linda
Sent: Wednesday,June 06,2007 12:40 PM
To: Crocker,Sharon
Subject: RE: Results of Minutes April 2007 BOH Meeting-22 Marion Way
Thanks. Is she on for July 1 ??.
Linda
-----Original Message-----
From: Crocker,Sharon
Sent: Wednesday,June 06,2007 12:30 PM
To: Edson, Linda
Subject: Results of Minutes April 2007 BOH Meeting-22 Marion Way
r
Here is the excerpt from Board of Health Minutes pertaining to 22 Marion Way, Osterville:
Vill. Correspondence:
A. John Hopkins, Attorney, for Kathy Posner, 22 Marion Way, Osterville, willdo the
necessary work to meet Board's approval. --
A letter from John Hopkins dated April 10, 2007, asks for extensio4ntil July 1, 2007, to
complete all the items requested by the Board. The response letter "f ould-sp.ech to gQ the
Building Dept for clarification on what they will be able to keep in the kitchen.
1
JOHN B. HOPKINS
ATTORNEY AT LAW
1441 Iyanough Road
Barnstable, MA 02630
Mailing Address: Telephone: (508)771-8001
P.O.Box 457 Facsimile: (508)771-8466
Barnstable,MA 02630 E-mail: jbhopkins(awerizon.net
April 10, 2007
VIA FACSIMILE 508-790-6304
AJVD REGULAR AMIL
Thomas McKean, Director
Public Health Division `v?
Town of Barnstable e
200 Main Street ,f
Hyannis, MA 02601
RE: Kathleen Pouser, 22 Marion Way, Osterville,MA. 9,
Dear`NTr:'1VIcKean. _ rwit
' }
Based upon the.comments made by the Board of Health at the meeting of Feb ary 14,
2007, and based upon our subsequent communications with Carmen Shay, R.S., C.S.E., Ms.
Pouser understands that despite the misrepresentations that had been made to her at the time of
purchase of this real estate and despite the inconsistencies that appear on documents on file in
various town agencies, the premises at 22 Marion Way consist of a three-bedroom home. Given
that the property is located within a Zone 2, Well-head protection area, and given that the locus
contains less than one acre, she understands that she cannot have more than a three-bedroom
dwelling.
My client accepts this and understands further that she has to take action to change the
interior of the premises so as to remove doors, widen the door entrances and take other action to
conform. While Ms. Pouser accepts and understands her obligation to.do this, she will not be
returning from Florida, where she maintains a winter home, until mid-May. She is ash ing for an
extension of time to complete this work until approximately July 1 St. In the meantime, however,
she understands that she cannot rent this property and that no.more.th an.three rooms in the house
cah be used as bedrooms
With respect to the added "kitchen", she would hope to be able to retain some or all of
that to'service'tle room that she will use as a den/recreation area. She understands that this
cannot be used as a kitchen and that the room`in which it is located cannot be used as a rental
unit: ;
a
Thomas McKean, Director
Public Health Division
Town of Barnstable
Page -2-
This matter is now scheduled for hearing on Tuesday, April 10, 2007. I will make the
same representations to the Board of Health as I am making to you here. I can assure you just as
I will assure the Board of Health when I appear before them that there will be no using any
addition or the additional bedrooms for rental purposes. This will be strictly a three-bedroom
home and the addition will be a recreation room.
I would be more than happy to discuss this with you.
Very truly yours,
I
John . Hopkin
JBH:cmc
cc: Kathleen Pouser
Dictated but not read
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o�Y r Town of Barnstable
Regulatory Services
BARNSTABM z Thomas F. Geiler,Director
Public Health Division
Thomas McKean, Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
July 5, 2006
Kathleen Pouser
22 Marion Way /
Osterville, MA 02655 ��� / l0�
NOTICE TO ABATE VIOLATIONS OF 310 CMR: 15.000 THE STATE
ENVIRONMENTAL CODE TITLE V: MINIMUM REQUIREMENTS FOR THE
SUBSURFACE DISPOSAL OF SANITARY SEWAGE
On June 22, 2006 you came to the Town of Barnstable Town Offices to apply for a building
permit. Health Inspector David W. Stanton,�RS, reviewed your.building permit application for
the property owned by you located at'+22 Marion Way,-Osterville,.' Your building permit
application stated it was a five (5) bedroom dwelling. Your building p ermit application was
ineligible.
The following is a violation of the State Environmental Code:
310 C MR 15.214: Nitrogen L oading Limitations: Five (5) bedroom home being utilized
within a Zone 2, Wellhead Protection Area with less then one acre of land.
History:
-On August 10, 1979, septic permit#1979-532 was issued for two (2)bedroom home.
-The engineered plans for septic permit#1979-532 were designed for a single family, three (3)
bedroom home.
-The engineered plans list the lot as being 15,000 square feet of land.
-There are no building permits on file with the Building Division for five (5)bedroom home.
During the building permit application process you stated the dwelling contained five (5)
bedrooms. You also stated that two (2) septic systems were present at said property.
You are directed to correct the violation listed above within thirty (30) days of your receipt
of this notice by eliminating the two extra illegal bedrooms so that a total of only three (3)
bedrooms are present at said location. The Town of Barnstable Health Department has a
policy to eliminate the privacy of being considered a bedroom by installing a minimum five
(5) foot c ased o pening w ith n o d oors, b eds o r p eople s leeping i n t he r oom. P lease c all
Health Inspector David W. Stanton,RS, to schedule an inspection of the property when the
extra bedroom has been eliminated at (508) 862-4647. If there are two septic systems at
I
QAOrder letters\Sewage violations\22 Marion Way.doc
said location as you stated, the septic system that was installed illegally without Health
Department permits must be removed or abandoned properly, with the appropriate Health
Department permit within thirty (30) days of your receipt of this notice.
Please note: These are State regulations, and there are no variances or exceptions to it.
You may request a hearing before the Board of Health if written petition requesting same is
received within ten(10) days after the date the order is served.
Non-compliance will result in a fine of$100.00 per violation. Each day's failure to comply with
an order shall constitute a separate violation.
PER ORDER OF THE BOARD OF HEALTH
Thomas A. McKean, R.S.
Director of Public Health
Town of Barnstable
Cc: Linda Edson
QAOrder letters\Sewage violations\22 Marion Way.doc
l
LJ�
JAN.17.2007 11:32AM ATTORNEY HOPKINS NO.640 P.1
JOHN B. HOPKINS
ATTORNEY AT LAW
1441 Iyanough Road
Post Office Box 457
Barnstable, Massachusetts 02630
Phone (508)771-8001
Fax (508)771-8466
r-mail:jbhopkins®verizon.net
FAX TRANSMISSION COVER SHEET
TO: THOMAS MCKEAN—BOARD OF HEALTH
FROM: JOHN B.HOPKINS,ESQ.
RE: POUSER HEARING 1/17/07
DATE: 1117/07
J
FACSIMILE NO.: 508-790-6304
NUMBER.OF PAGES: [ 2 J (including cover sheet)
If you have difficulty receiving this transmission, or do not receive the specified number of
pages,please call(508) 771-8001.
COMMENTS:
CONFIDENTIALITY NOTICE'"********
The documents accompanying this FAX transmission cover,sheet contain information from the Law Office of John
B. Hopkins, Esquire which is confidential or privileged The information is intended to be for the use of the
individual or entity named on this transmittal sheet. If you are not the intended recipient, be aware that any
disclosure, copying distribution or use of the contents of this FAX transmission is prohibited IF YOU HAVE
RECEIVED THIS FAX TRANSMISSION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE.
Thank you.
JAN. 17.2007 11:32AM, ATTORNEY HOPKINS NO.640 P.2
JOIN B. HOPKINS
ATTORNEY AT LAW
1441 Iyanough Road
Barnstable,MA 02630
Mailing Address: Telephone: (508)771-8001
P,O.Box 457 Facsimile: (508)771-8466
Barnstable,MA 02630 E-mail: ibhonkinsOlverizon.net
January 17, 2007
VIA FACSIMILE-S08-790-6304
AND REGULAR MAIL
Thomas McKean, Health Inspector
Board of Health
Town of Barnstable
200 Main Street
Hyannis,MA 02601
RE: Kathleen Pouser,22 Marion Way,OsterviIIe,MA
Dear Mr. McKean:
I am aware that a hearing is scheduled for today on the above-captioned matter. I have
attempted to reschedule it on two occasions with Sharon because of a previously scheduled
matter out of the Commonwealth(scheduled in the Fall of 2006). However,I have been told that
the Board intends to go forward and make a decision without me or my client being present.
Due to the fact that my mother passed away two weeks ago and I was out of the office
both prior to and after that, I have been unable to devote attention to this matter. I have
familiarized myself with most of the case, but not all of it. I am attempting to resolve the matter,
but require more time. I believe a short continuance would be appropriate given the fact that the
Board continued the matter the last time.
Please let me know if a continuance is possible. I look forward to hearing from you. I
leave at 12:00 noon today.
truly yours, t
J hn P
JBH,cmc
cc: Kathleen Pouser
Dierared bur nar read,
APR. 13.2007 8:55AM ATTORNEY HOPKINS NO.471 P.1
J
JOHN B. HOPKINS
ATTORNEY AT LAW
1441 Iyanough Road
Post Office Box 457
Barnstable, Massachusetts 02630
Phone (508)771-8001
Fax (508)771-8466
E--mail:jbhopldns@verizan.net
FAX TRANSMISSION COVER SHEET
TO: THOMAS MCKEAN,DIRECTOR
FROM: JOHN B. HOPKINS,ESQ.
RE: 22 MARION WAY,OSTERVILLE,MA
DATE: 4/13/07
FACSIMILE NO.: 508-790-6304
NUMBER OF PAGES: [ 3 ] (includiog cover sheet)
If you have difficulty receiving this transmission, or do not receive the specified number of
pages,please call(508) 771-8001.
COMMENTS:
&** ******CONFIDENTIALITY NOTICE
The documents aeeompan)4ng this FAX transmission cover sheet contain information from the Law Office of John
8, Hopkinv, Esquire which is confidential or privileged. The information is intended to be for The use of the
individual or entity named on this transmittal sheet. If you are not the intended recipient, be aware that any
disclosure, copying, distribution or use of the contents of this FAX transmission is prohibited. IF YOU HAVE
RECEIVED THIS FAX TRANSMISSION IN ERROR, PLEASE NOTIFY uS IMMEDIATELY BY TELEPHONE.
Thank you.
APR.13.2007 8:55AM ATTORNEY HOPKINS NO.471 P.2
JOHN B. HOPKINS
ATTORNEY AT LAW ' W�--
1441 Iyanough Road
Barnstable,MA 02630
eo�IF
O S
Mailing Address: Telephone: (508)771- 01 '
P.O.Box 457 Facsimile: (508)711-8466
Barnstable,MA 02630 E-mail: 'bho kins lv ri7on.net
April 13, 2007
VIA FACSIMILE 508-790-6304
ANVD REGULAR MAIL
kites ,
Thomas McKean,Director
Public Health Division
Town of Barnstable
200 Main Street
Hyannis, MA 02601
RE: Kathleen Pouser,22 Marion Way,Osterville,MA
Dear Mr. McKean:
I appeared on Tuesday afternoon expecting to attend the Board of Health hearing. If you
recall when this matter was before the Board on February 14,2007,the matter was rescheduled
to be heard again on April 10,2007. Only when I arrived there and checked in with the Office of
the Town Council was I told that the previously scheduled meeting had been cancelled. I called
your office from the Town Hall and was informed that the meeting was postponed until April 17,
i
2007.
Unfortunately I am scheduled elsewhere on April 17,2007. I know that your office does
not want to extend this any longer than it already has and my client is aware that despite the
representations made to her at the time she purchased this property and information that she
received from other sources,nothing can be done to authorize more than three-bedrooms.
She is resigned to that and intends to do what has to be done to make the premises
conform. As I said in my letter faxed to you on April 10, 2007, she will be returning from her
winter home in Florida in mid-May and has asked that she have until the 1"of July to complete
everything that needs to be done.
She has assured me that the only person living there is her brother-in-law. Occasionally,
her son who is a student at the Massachusetts Maritime Academy, will be there for the weekend.
APR.13.2007 8:55AM ATTORNEY HOPKINS NO.471 P.3
Thomas McKean,Director
Public Health Division
Town of Barnstable
Page-2-
There are no outside renters and she will agree that there will be no tenants except for her
family until everything that she has to do to conform is completed.
Could you please get back to me at your earliest convenience to discuss how best to deal
with this matter.
Very truly yours,
o B. Hopl s
7BH:cmc
cc: Kathleen Pouser
Magred but not read
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APPLICATION FOR PERMIT TO .......t�.Q't-9......L5:tOa ROD i7id�,3 .......113-Z 20 ...................
• TYPE OF CONSTRUCTION .........w lac,PjE!?......IF e....... .... ...., ..............................
g............ .......................19..
TO THE INSPECTOR OF BUILDINGS:
The undersigned hereby applies for a permit according to the following informotiom
Location AMPT.........j
....................................................
..................................................................................
Proposed Use ..... W. r.% #AA.
ZoningDistrict ........................................................................Fire District .....CXW.............. .......
Name of Owner ....t,,.A.. . ......Kt.41,(..........................Address .... ....0..A..
O
Name of Builder ... .................Address ...I.. ...
-7 Name of Architect ..... ...........................................Address ........Q.QM;;.............................................................
Rooms ......... ............ ........ ............
Number of Roo ...........................................Foundation
Exterior ...CA-Ae.G0Aq.Q.. .............Roofing ...............R.Sp...4A4�T. ............ ........................
Floors ......Ss 9-<A.P-r.........................................................Interior ...............h.1 -Q
A#.rT.WC-j,<...........................................
Heating .... ((......................................................Plumbing ............ ........................................
Fireplace ..... .............................................................Approximate Cost ....... ...........................................
Definitive Plan Approved by Planning Board 9 Area ...11�jw...........................
Diagram of Lot and Btrilding with Dimensions Fee ......... �.................
SUBJECT TO APPROVAL OF BOARD OF HEALTH
fz.
OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS
I hereby agree to conform to all the Rules and Regulations of the Town of BaOstable regarding the above
construction.
Name . ... . ............................... ..............................
Construction Suoervisor's License .....
-: il,'1Li1\.r Lt)i(t41. B-1GV-1V0 '
�n
for ....Additim..u..single
. LAJ.J ? rtdla��a.7 Ilg...... .... ............. ...
Location LQt...#3Q.....22..�(ax Qm..W .
i. .......QSta.A i11.e...............................
' Owner ... . . ..... ...........
Type of Construction ..............
Plot . Lot
Permit-Granted ................. 9...... .�19 86
Date of Inspection " .—. ;.......:19�. _
Date,Com leted --r'p �f. �.............19
44
40
All
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1
Town of Barnstable
Board of Health
P.O. Box 534, Hyannis MA 02601
Office: 508-862-4644 Wayne Miller,M.D. .
FAX: 508-790-6304 Susan Rask,RS
Paul Canniff,D.M.D.
January 24, 2007
Kathleen Pouser
22 Marion Way
Osterville, MA 02655
John B. Hopkins
Attorney At Law
P.O. Box 457
Barnstable, Ma 02630
RE> Show Cause�Iear'�i�ng,22 Maron�Way,,Osterville; MBA � � s � � ,> s
Dear Ms. Pouser and Attorney Hopkins, - l
You are scheduled to appear before the Board of Health on Wednesday February 14,
2007 at 3:00 p.m., for a show-cause hearing.
On October 25, 1979, a disposal works construction permit#79-532 was issued for a two
bedrooms. No building permits were obtained for any additional bedrooms subsequent to
that date. However, on June 22, 2006, Health Inspector David Stanton, R.S., counted five
bedrooms at this property. On July 5, 2006, you were ordered to remove the additional
unauthorized bedrooms from your dwelling located at 22 Marion Way, Osterville. This
15,000 square feet parcel is located within a nitrogen sensitive area and is therefore
restricted in regards to the maximum number of bedrooms allowed. To date, the
additional unauthorized bedrooms have not been removed.
The show-cause hearing will be held at 3:00 .m. on February 14 2007 at the second
� P ry ,
floor Hearing Room of Town Hall, 367 Main Street Hyannis. You are required to attend.
PER ORDER OF THE BOARD OF HEALTH
Na Miller, M.D.
Cc: Linda Edson
Q;WP/PouserShowCause07
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PS Form 3811,February 2004 Domestic Return Receipt 102595-02•M-1540
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°F1144E T° Town of Barnstable
Regulatory Services
i
* BARNSTABLE,
9 MASS. $ Thomas F.Geiler,Director
�ArE1 MA.S A Building Division
Tom Perry,Building Commissioner
200 Main Street,Hyannis,MA 02601
Office: 508-862-4024 Fax: 508-790-6230
Board of Health
January 16, 2007
Re: 22 Marion Way Osterville MA 02655
I have investigated this property for the Building Department. There is an illegal
apartment at the left end of the house on Marion Way facing the front door, where the
garage was.
Work to install kitchen was done without permits.
Former neighbor saw kitchen installation by this owner.
Tenant Michael Downing told Building Inspector that there were 2 renters on property.
1 answered an ad in the Cape Cod times for rent 10/12/2005 " $850.00 ".
There is a microwave oven to the left of the kitchen photo that you can not see in the
picture.
This is a 5 bedroom house...see story in Cape.Cod Times dated May 18, 2003
(attached)
Ms. Pouser`has not been cooperative with this department.
L::�Ljj-idEdson----
Amnesty Apartment Investigator
Building Department
Q:zoning5
tjJnhappy harbinger(May 18, 2003) Page 1 of 4
a..
Home �E news arts sports I biz I weather I classifieds subscribe
Business & Money
Unhappy harbinger
Slow vacation rentals could signal sluggish summer
By ETHAN ZINDLER
STAFF WRITER
If the vacation home rental market is any harbinger of summer
spending, it could be a lean season for the Cape. From
Falmouth to Provincetown,real estate agents say 2003 is
shaping up to be one of the weakest summer seasons in years.
Reservations for properties in July and August are off
anywhere from 5 to 30 percent from last year, they say.
Predicting summer spending is notoriously slippery business,
and the evidence is mostly anecdotal. Still,the early signs do
not bode well, especially since they come against a backdrop
of negative statewide and-,national economic data.
Among the many homes still on the market is_Kat_ h�
Pouser's five-be`dro ,three bath ranch eGste—FElle. For the
last five years,Pouser has rented it during the months of July
and August, and stayed in another property in Provincetown.
Generally, the house fetches $1,700 a week. In the past, Pouser
has rented it for seven to nine weeks per summer.
Not this year. "I don't have one single rental, and I've had very
few inquiries," Pouser says. "I've even dropped it to $1,500."
As in previous years, she says she has advertised the house in
The Boston Globe, The Patriot Ledger, and through a chain of
-weekly papers around Massachusetts.
For Pouser,the rent she receives from summer tenants is a
crucial part of her annual income.
"If I don't have any rentals by June 1, I'm going to put it on the
year-round market," she says. Her asking price there will
probably be close to $1,100 a month.
Data provided to the Times from
www.weneedavacation.com, a summer rental Web site with
an inventory of close to 10,000 weeks of July and August
rentals, reveals a market that has weakened substantially
across the board.
http://www.weneedavacation.com/News/Unhappy%20harbinger.htm 5/10/2006 ��
9;
�OF1ME r�y� Town of Barnstable
Regulatory Services
vB MASS. � Thomas F. Geiler,Director
o;9. A'e Building Division
Thomas Perry,Building Commissioner
200 Main Street, Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-4024 Fax: 508-790-6230
February 14,2006
Incident Report
Kathleen Prouser
22 Marion Way
Osterville MA, 02655
Map: 120 Parcel: 106
I answered an ad for an apartment in the Cape Cod Times on Wednesday October 12,
2005. 1 spoke to a woman who identified herself as "Kathy". She described the
apartment as a one bedroom efficiency in her home. I asked to see it and she said it
had already been rented.
I checked the street file and noticed that there has been a history of complaints of this
property being used as a duplex. In December 1999 the town was denied access to
view the property on advice of Ms. Prouser's council.. A another complaint was .
filed in 2003.
Inspector Jack Fitzgerald went to the property and spoke to a tenant, Michael
Downing. He told Mr. Fitzgerald that there were 2 living units on the property.
I sent Ms. Prouser two letters and ticketed her after she failed to respond.
Records indicated that the same tenant that was interviewed in September 2003 by
Jack Fitzgerald is still listed as living there.
Linda Edson
Amnesty Program
Zoning Enforcement Officer
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Message Page 1 of 1
Crocker, Sharon
From: Palkoski, Christine
Sent: Wednesday, November 28, 2007 4:06 PM
To: Crocker, Sharon
Subject: RE: 22 Marion Wa,!
Thank you. I appreciate it.
-----Original Message-----
From: Crocker, Sharon
Sent: Wednesday, November 28, 2007 4:04 PM
To: Palkoski, Christine
Cc: McKean, Thomas
Subject: FW: 22 Marion Way
That would be fine.
I have also attached the excerpts from the Board of Health Meetings.
-----Original Message-----
From: McKean, Thomas
Sent: Wednesday, November 28, 2007 3:42 PM
To: Palkoski, Christine
Cc: Crocker, Sharon
Subject: RE: 22 Marion Way
I will not be here tomorrow. Will you touch base with Sharon Crocker?
-----Original Message-----
From: Palkoski, Christine
Sent: Wednesday, November 28, 2007 3:25 PM
To: McKean, Thomas
Subject: 22 Marion Way -
Tom:
I would like to look at your health file for 22 Marion Way. Do you think it would be ok if I could do that tomorrow?
Thank you.
Christine
_r
11/28/2007
Minutes from Multiple BOH Meetings on K. Pouser, 22 Marion Way, Osterville 2006-2007
Excerpt from July 17, 2007 BOH Meeting:
III. Continued From Prior Meeting:
A. John Hopkins, representing Kathleen Pouser, 22 Marion Way, Osterville,. status of
housing compliance (continued from Apr 2007 BOH meeting).
Mike from John Hopkins office represented the owner.
Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board held to their prior
decision that the property is limited to a three bedroom due to the 330 rule and the fourth bedroom must
be removed. The Board will advise the Town Attorney to consider this violation in addition to the current
court hearing on this property with the Building Division.
Excerpt from April 17, 2007 BOH Meeting:
Vill. Correspondence:
A. John Hopkins, Attorney, for Kathy Pouser, 22 Marion Way, Osterville, will do the necessary
work to meet Board's approval.
A letter from John Hopkins dated April 10, 2007, asks for extension until July 1, 2007, to complete all the
items requested by the Board. The response letter should specify to go to the Building Dept for clarification
on what they will be able to keep in the kitchen.
Excerpt from February 14, 2007 BOH Meeting:
II. Show Cause Hearing:
John Brian Hopkins, Esq., representing Kathy Pouser requesting hearing regarding too
many bedrooms at 22 Marion Way, Osterville.
John Hopkins represented the owner. He reviewed the history of the property presented earlier. The
owner consulted with Carmen Shay, Septic Inspector. Mr. Shay believes there is enough land area for a
4-bedroom septic system on the lot. Mr. McKean states it is a three-bedroom system and does not
believe there is enough room fora larger system. The owner understood it to be a five-bedroom but is
willing to accept it as a four-bedroom and install a larger system. Mr. McKean expressed the department
is requesting two bedrooms be removed and not to increase the system. The lot is only a 0.35 acre lot in
the WP district.
Linda Edson, Town of Barnstable Building Department, said there was, a rental ad the owner ran and
listed it as a five-bedroom unit.. The Building Department is in court with the owner trying to settle the
illegal unit she is trying to rent out. _Their court case can not be settled until the Health has finished with
their ruling.
Mr. Hopkins asked for a continuance until the April 2007 BOH meeting. At that time, they should have
already had Mr. Shay present the septic system to Mr.. McKean including a floor plan for a four-bedroom,
and if not legally possible, they should remove two bedrooms by the April,meeting and record a three-
bedroom deed restriction with the Registry of Deeds.
QAMINUTES\2007\EXCERPTS\Excerpt from multiple meetings on 22 Marion Way Ost.doc Pagel of 2
Minutes from Multiple BOH Meetings on K. Pouser, 22 Marion Way, Osterville 2006-2007
Excerpt from January 17, 2007 BOH Meeting:
I. Hearing:
A. Kathleen Pouser requesting hearing regarding too many bedrooms at 22 Marion Way, Osterville
The attorney had a death in the family and said they would not be able to be here.
Upon the motion by Ms. Rask, seconded by Dr. Canniff, the Board voted to move this to a Show Cause
Hearing at the next meeting scheduled to be held on February 14, 2007. (Unanimously voted,in favor.)
The decision will go forward at that time regardless of any reasons.
Excerpt from BOH November 7, 2006 meeting:
B. Kathleen Pouser, owner, requesting a hearing on 22 Marion Way, Osterville — Five
bedrooms observed, permitted for two bedroom in 1979.
Mr. McKean said on January 22, 2006, Kathleen Pouser requested a building permit which stated
the house to be a five bedroom. Upon review, the health inspector found the file stated 3 bedrooms
were permitted. The house is in a nitrogen-sensitive area and is a small lot. An order letter was
issued stating to eliminate two bedrooms to bring it down to three bedrooms.
Kathleen Pouser's attorney said at the time of purchase, she was told there were two septic
systems. Now, she has found there is only one. At the time of purchase, all documents presented
the house as a five-bedroom. In 1998, the former owner had applied for a building permit to put on
a deck and noted it to be a five bedroom. The permit was issued. In 1986, Mr. Jaxtimer obtained a
building permit. At that point (no records exist), the garage was already converted to living space.
The building permit was for an addition (18x20) of a hallway off the garage, and rooms off it. Her
attorney pointed out, technically, it is a four bedroom and it has not been changed since she
purchased it. Ms. Pouser's attorney requests a continuance to enable him to apply some time to a
solution. Three people currently utilize three bedrooms.
The Board stated the biggest issue is that the system is too small for four bedrooms. The Board
requires good floor plans well before the next meeting. If the applicant is going to do any kind of
renovations, they will have to bring the system up to compliance. The current two bedroom system
is over-designed and may accommodate three bedrooms.
Upon a motion duly made by Dr. Canniff, seconded by Amy Wallace, the Board voted to approve a
continuance until the January 2007 meeting. (Unanimous vote in favor.)
EXCERPT FROM BOH SEPTEMBER 5, 2006 MINUTES:
B. Kathleen Pouser, owner, requesting a bearing on 22 Marion Way, Osterville — Five
bedrooms observed, permitted for two bedroom in 1979.
No one was present. Her new attorney wrote that he just received the case and requested a
continuance.
Upon a motion duly made by Dr. Canniff, seconded by Dr. Miller, the Board voted to allow one more
and final continuance. Tom will send a letter. (Unanimously voted in favor.)
Q:\MINUTES\2007\EXCERPTS\Excerpt from multiple meetings on 22 Marion Way Ost.doc Page 2 of 2
JOHN B. HOPKINS
ATTORNEY AT LAW
1441 Iyanough Road
Barnstable, MA 02630
Mailing Address: Telephone: (508)771-8001
P.O.Box 457 Facsimile: (508)771-8466
Barnstable,MA 02630 E-mail: ibhoykinsnverizon.net
April 13, 2007
VIA FACSIMILE 508-790-6304
AND REGULAR MAIL
Thomas McKean, Director
Public Health Division
Town of Barnstable
200 Main Street
Hyannis, MA 02601
RE: Kathleen Pouser,22 Marion Way, Osterville, MA
Dear Mr {.McKean � '
..
r I,,appeared on Juesday:afternoon expecting to attend the Board of Health hearing., If you
recall when this matter was before'the Board on February 14;2007, the matter was rescheduled
to be heard again on.April 10, 2007. Only when I arrived there and checked in with the Office of
the Town Council was I told that the previously scheduled meeting had been cancelled. I called
your office from the Town Hall and was informed that the meeting was postponed until April 17,
2007.
Unfortunately I am scheduled elsewhere on April 17, 2007. I•know that your office does
not want to extend this any longer than it already has and my client is aware that despite the
representations made to her at the time she purchased this property and information that she
received from other sources, nothing can be done to authorize more than three-bedrooms.
She is resigned to that and intends to do what has to be done to make the premises
conform. As I said in my letter faxed to you on April 10, 2007, she will be returning from her
winter home in Florida in.mid-May and has asked that she have.until the,l st of July to complete
everything thatmeeds to�be done.,,;
She.has-assured me that the only person living there is her brother-in-law. Occasionally,
her son who is a student at the Massachusetts Maritime Academy, will be there for the weekend.
Thomas McKean, Director
Public Health Division
Town of Barnstable
Page -2-
There are no outside renters and she will agree that there will be no tenants except for her
family until everything that she has to do to conform is completed.
Could you please get back to me at your earliest convenience to discuss how best to deal
with this matter.
Very truly yours,
o B. Ho4Zs
JBH:cmc
cc: Kathleen Pouser
Dictated but not read.
r
� �
��
I
D� �
�-------
Town of Barnstable
i4 Y
W
¢39. Board of Health
P.O. Box 534, Hyannis MA 02601
Office: 508-862-4644 Wayne Miller,M.D.
FAX: 508-790-6304 Susan Rask,RS
Paul Canniff,D.M.D.
t January 24, 2007
Kathleen Pouser ;
22 Marion Way
Osterville, MA 02655
John B. Hopkins
Attorney At Law
P.O. Box 457
Barnstable, Ma 02630
RE: Show-Cause Hearing, 22 Marion Way, Osterville,MA
Dear Ms. Pouser and Attorney Hopkins,
You are scheduled to appear before the Board of Health on Wednesday February 14,
2007 at 3:00 p.m., for a show-cause hearing.
On October 25, 1979, a disposal works construction permit#79-532 was issued for a two
bedrooms. No building permits were obtained for any additional bedrooms subsequent to
that date. However, on June 22, 2006, Health Inspector David Stanton, R.S., counted five
bedrooms at this property. On July 5, 2006, you were ordered to remove the additional
unauthorized bedrooms from your dwelling located at 22 Marion Way, Osterville. This -j
15,000 square feet parcel is located within a nitrogen sensitive area and is therefore
restricted in regards to the maximum number of bedrooms allowed. To date, the
additional unauthorized bedrooms have not been removed.
The show-cause hearing will be held at 3:00 p.m.-on February 14, 2007 at the second
floor Hearing Room of Town Hall, 367 Main Street Hyannis. You are required to attend.
PER ORDER OF THE BOARD OF HEALTH
9
-U �� � .
a Miller, M.D.
Cc: Linda Edson
Q;W P/PouserShowCause07
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Crocker, Sharon !
From: Crocker, Sharon
Sent: Tuesday, January 02, 2007 2:57 PM
To: McKean, Thomas
Subject: BOH - Kathleen Pouser
Status: The original letter for the violation (too many bedrooms)was dated July 5, 2006.
July 14, 2006 - Kathleen Pouser requested a hearing
Aug 1, 2006 -She was not available.
Sep 5, 2006 -She just retained an atty(John Hopkins)that day,who requested a continuance to Oct 10 as he
was new to situation.
*The Board approved continuance with Letter 9/7/06 stating the Board would not approve any
more postponements.
(Oct 10, 2006 MEETING CANCELLED - Moved to Nov 7 Meeting)
Nov 7, 2006 Continued until Dec 5, 2006 ? Or Jan 9th. (January meeting moved to 17th)
Jan 17, 2007 No further postponements allowed.
I
1
Parcel Detail a� � Pagel of 3
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Logged In As: 1�U Parcel tail Thursday, Dec m
J Parce ookup
Parcel Info
Parcel ID 120-106 Developer LOT 30
Location 122 MARION WAY I Pri Frontage 1141
Sec Road OLDHAM ROAD I Sec
Frontage 83
Village JOSTERVILLE I Fire District C-O-MM
Sewer Acct I Road Index 0979
Interactive
Maps —
Owner Info
Owner I POUSER, KATHLEEN & EAGAR, THOMAS F I Co-Owner
Streets 122 MARION WAY I Street2
City JOSTERVILLE I State MA zip 02655 Country I US
Land Info
Acres 10.35 1 use Single Fam MDL-01 I zoning RC Nghbd 0107
Topography Level I Road Paved
Utilities Public Water,Septic I Location
Construction Info
Building 1 of 1
Year 1979 I Roof Gable/Hip I Ext Wood Shingle I
Built Struct wall
Effect Roof AC
2318 I Asph/F GIs/Cmp I None
Area Cover Type
style Ranch I Wall Int Drywall I Rooms 4 Bedrooms I oBed p t `* M
Model Residential I Floor I Rooms 13 Full
Total
Grade Average I Type Hot Water I Rooms 15 Rooms I
Stories 11 Story Heat I Fuel Gas I F u d- Poured Conc.
http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=7383 12/4/2008
A
Minutes from Multiple BOH Meetings on K. Pouser, 22 Marion Way, Osterville 2006-2007
Excerpt from December 18, 2007 BOH Meeting:
III. Continued Items from Previous Meeting - Hearings:
A. Kathleen Pouser, owner— 22 Marion Way, Osterville, status on removal of two
of five existing bedrooms.
Charles Sabatt, Attorney, represented Kathleen Pouser. He said the owner came to the
Building Department to get a permit to expand the door opening as required, however, the
Building Department did not allow the permit at that time.
He is told there are four bedrooms and one has been removed, however, he wants to
speak with the owner (unreachable at the moment) before he can confirm that.
Excerpt from November 13, 2007 BOH Meeting:
A. Kathleen Pouser, owner— 22 Marion Way, Osterville, status on removal of two
of five existing bedrooms.
The owner is in Florida this time of year. Mrs. Pouser's attorney was not present.,
The Zoning Division has a court date of December 5, 2007 on this property.
Upon a motion duly made by Dr. Canniff, seconded by Mr. Sawayanagi, the Board voted
to continue to Dec 18, 2007, Board of Health Meeting as which time two bedrooms must
be removed.
Excerpt from July 17, 2007 BOH Meeting:
III. Continued From Prior Meeting:
A. John Hopkins, representing Kathleen Pouser, 22 Marion Way, Osterville, status of
housing compliance (continued from Apr 2007 BOH meeting).
Mike from John Hopkins office represented the owner.
Upon a motion duly made by Dr. Canniff, seconded-by Mr. Sawayanagi, the Board held to their prior
decision that the property is limited to a three bedroom due to the 330 rule and the fourth bedroom must
be removed. The Board will advise the Town Attorney to consider this violation in addition to the current
court hearing on this property with the Building Division.
Excerpt from April 17, 2007 BOH Meeting:
VIII. Correspondence:
A. John Hopkins, Attorney, for Kathy Pouser, 22 Marion Way, Osterville, will do the necessary
work to meet Board's approval.
QAMINUTES\2007\EXCERPTS\Excerpt from multiple meetings on 22 Marion Way Ost.doc Page I of 3
f
Minutes from Multiple BOH Meetings on K. Pouser, 22 Marion Way, Osterville 2006-2007
A letter from John Hopkins dated April 10, 2007, asks for extension until July 1, 2007, to complete all the
items requested by the Board. The response letter should specify to go to the Building Dept for clarification
on what they will be able to keep in the kitchen.
Excerpt from February 14, 2007 BOH Meeting:
ll. Show Cause Hearing:
John Brian Hopkins, Esq., representing Kathy Pouser requesting hearing regarding too
many bedrooms at 22 Marion Way, Osterville.
John Hopkins represented the owner. He reviewed the history of the property presented earlier. The
owner consulted with Carmen Shay, Septic Inspector. Mr. Shay believes there is enough land area for a
4-bedroom septic system on the lot. Mr. McKean states it is a three-bedroom system and does not
believe there is enough room for a larger system. The owner understood it to be a five-bedroom but is
willing to accept it as a four-bedroom and install a larger system. Mr. McKean expressed the department
is requesting two bedrooms be removed and not to increase the system. The lot is only a 0.35 acre lot in
the WP district.
Linda Edson, Town of Barnstable Building Department, said there was a rental ad the owner ran and
listed it as a five-bedroom unit. The Building Department is in court with the owner trying to settle the
illegal unit she is trying to rent out. Their court case can not be settled until the Health has finished with
their ruling.
Mr. Hopkins asked for a continuance until the April 2007 BOH meeting. At that time, they should have
already had Mr. Shay present the septic system to Mr. McKean including a floor plan for a four-bedroom,
and if not legally possible, they should remove two bedrooms by the April meeting and record a three-
bedroom deed restriction with the Registry of Deeds. ,
Excerpt from January 17, 2007 BOH Meeting:
I. Hearing:
A. Kathleen Pouser requesting hearing regarding too many bedrooms'at 22 Marion Way, Osterville
The attorney had a death in the family and said they would not be able to be here.
Upon the motion by Ms. Rask, seconded by Dr. Canniff, the Board voted to move this to a Show Cause
Hearing at the next meeting scheduled to be held on February 14, 2007. (Unanimously voted in favor.),
The decision will go forward at that time regardless of any reasons.
Excerpt from BOH November 7, 2006 meeting:
B. Kathleen Pouser, owner, requesting a hearing on 22 Marion Way, Osterville — Five
bedrooms observed, permitted for two bedroom in 1979.-:
Mr. McKean said on January 22, 2006, Kathleen Pouser requested a building permit which stated
the house to be a five bedroom. Upon review, the health inspector found the file stated 3 bedrooms
Q:\MINUTES\2007\EXCERPTS\Excerpt from multiple meetings on 22 Marion Way Ost.doc Page 2 of 3
r
Minutes from Multiple BOH Meetings on K. Pouser, 22 Marion Way, Osterville 2006-2007
were permitted. The house is in a nitrogen-sensitive area and is a small lot. An order letter was
issued stating to eliminate two bedrooms to bring it down to three bedrooms.
Kathleen Pouser's attorney said at the time of purchase, she was told there were two septic
systems. Now, she has found there is only one. At the time of purchase, all documents presented
the house as a five-bedroom. In 1998, the former owner had applied for a building permit to put on
a deck and noted it to be a five bedroom. The permit was issued. In 1986, Mr. Jaxtimer obtained a
building permit. At that point (no records exist),the garage was already converted to living space.
The building permit was for an addition (18x20) of a hallway off the garage, and rooms off it. Her
attorney pointed out, technically, it is a four bedroom and it has not been changed since she
purchased it. Ms. Pouser's attorney requests a continuance to enable him to apply some time to a
solution. Three people currently utilize three bedrooms.
The Board stated the biggest issue is that the system is too small for four.bedrooms. The Board
requires good floor plans well before the next meeting. If the applicant is going to do any kind of
renovations, they will have to bring the system up to compliance. The current two bedroom system
is over-designed and may accommodate three bedrooms.
Upon a motion duly made by Dr. Canniff, seconded by Amy Wallace, the Board voted to approve a
continuance until the January 2007 meeting. (Unanimous vote in favor.)
EXCERPT FROM BOH SEPTEMBER 5, 2006 MINUTES:
B. Kathleen Pouser, owner, requesting a hearing on 22 Marion Way, Osterville — Five
bedrooms observed, permitted for two bedroom in 1979.
No one was present. Her new attorney wrote that he just received the case and requested a
continuance.
Upon a motion duly made by Dr. Canniff, seconded by Dr. Miller, the Board voted to allow one more
and final continuance. Tom will send a letter. (Unanimously voted in favor.)
Q:\MINUTES\2007\EXCERPTS\Excerpt from multiple meetings on 22 Marion Way Ost.doc Page 3 of 3
1of2
Reial Estate Professionals -Weichert Realtors Page
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1�1" Mon-Fri&Sun 9am-9pm EST, Saturday 9am-6pm EST
ea OrSr
Home for Sale in Osterville, MA
22 Marion Way Osterville, MA
- e
r
Property Type: Single Family
Style: Ranch
Price:. $239,900
Status: Active '
h
Bedrooms: 4 {�V�' Ve;
�
r :r _ Baths: Ba
Ell
Sgtt: 2044 I�c/V► �S
- - - - Lot Size:' 0.350 Acre(s)
5 Year Built: 1979
y2
-� Area: . Osterville, MA-The
Cape and the Islands
r= Neighborhood Wianno
. County: Barnstable
Taxes: $2,328
MLS/Web ID: 21201019
Description
Southside 4 BEDROOM, 3 FULL BATH, One level Ranch in'OSTERVILLE Woods',is just a stroll to
Cape Cod Academy&a short drive to the Village&Dowses Beach.The house features an Eat-in
Kitchen, Dining Rm w/Sliders to the Deck&Living Rm w/Firepace.The house offers 2,000+sq-ft w/a
wing that could be used In-Law Apartment(with town permitting). Nice corner lot w/Multi Decks&
Outdoor Shower. Does need some TLC, but a great value for the space&location!
_.-...__
Exterior Features
Exterior Fence Foundation
• Deck Back Yard Concrete
• Outside Shower Garage Lot Description -
Paved Corner
Stone/Gravel
Parking
• Off Street Parking
Road Frontage Roof Siding
• Public Road • Asphalt Shingles • Clapboard
• Pitched/Sloped • Shingle Exterior
htrn://www.weichert.com/search/realestate/PrintListing.aspx?p=40883653&ldview=ldsumm;.. 9/7/2012
Real Estate Professionals -Weichert Realtors Page 2 of 2
Interior Features
Basement Fireplace Flooring
• Full 1 Fireplace Vinyl Flooring
• Inside Entrance Wall-to-Wall Carpet
Heating System Sewer Utilities
• Gas Septic System • Cable
• Hot Water • Electric
• Zoned • Gas
.-OIL
• Phone
Water Source
• City Water
t Excluded Feature
Neighborhood&Schools
School District: Barnstable
Listed By
Broker: Cape Cod Real Estate Services
Information deemed reliable but not guaranteed.
II data relating to real estate for sale on this page comes from the Broker
BRn Sharing I,,1.SXingS Reciprocity(BR)of the Cape Cod&Islands Multiple Listing Service,Inc.
Detailed information about real estate listings held by brokerage firms other
Online than Weichert Realtors include the name of the listing broker company.
Neither the listing company nor Weichert Realtors shall be responsible for
any typographical errors,misinformation,misprints and shall be held totally harmless.The Broker providing this data
believes it to be correct,but advises interested parties to confirm any item before relying on it in a purchase decision.
2012 Cape Cod&Islands Multiple Listing Service,Inc.All rights reserved.
The information being provided is for consumers'personal,non-commercial use and may not be used for any purpose
other than to identify prospective properties consumers may be interested in purchasing.
Data is updated as of 9/7/2012.All properties are subject.to prior sale,changes,or withdrawal,
htip://www.weichert.cbm/search/realestate/PrintListing.aspx?p=40883653&ldview=ldsumm... gn12012
r
Town of Barnstable
"o Regulatory Services
BARNSPABM Thomas F. Geiler,Director
loss �
Public Health Division
ATEp��p
Thomas McKean,Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
August 3, 2006
RE: 22 Marion Wav, Osterville
To Whom It May Concern:
The Board of Health upholds the decision of the Public Health Division staff in
response to the number of bedrooms allowed in a building ninety percent of the
time.
Sincerely,
Thomas A. McKean
Director of Public Health Division
1a 002/002
CARMEN E. SHAY
(508)-539-7966
Environmental Services,Inc. P.O.Box 627,East Falmouth,MA 02536
Mr. Thomas McKeown December 29; 2006
Director of Health and Sanitation
Barnstable Board of Health
200 Main Street
Hyannis, MA 02601
RE: Assessment of Property for Title V Repair;
Residential Property
22 Marion Way, Osterville, N1.4,
Dear Mr. McKeown:
At the request of Ms Kathleen.Pouser, the property owner, Shay Environmental Services, Inc., has
evaluated the property addressed as 22 Marion Way for sufficient land area required for:installing a four
bedroom septic system repair. During the property assessment, Shay Environmental Services, Inc. has
determined the following:
• The property is approximately 0.35 acres and has an existing four bedroom residence.
• Based on existing groundwater documentation and Shay Environmental Services, Inc. experience
with other projects on both Marion Way, Oldham Road and Aspen Way, groundwater depth is
anticipated to be present at least 12 to 15 feet below ground at the subject site and should not
significantly influence the design criteria.(i.e. a raised system or pump system is not anticipated)
• Based on previous percolation test performed in the area by Shay Environmental Services, Inc.,
soil conditions are anticipated to be suitable for siting a four bedroom SAS on the property.
• Sufficient land area for a four bedroom Soil Absorption System (SAS) exists in the righf side of
the property. (i.e. a 6'wide by 60' long by 2' deep infiltrator trench, using eight.3050 infiltrators
— 1' of stone on each side and 2 feet on ends and 2' deep (461.76 gpd.))
If you have any questions, please do not hesitate to call the undersigned at(508)-539-7966.
Sincerely, ,
CARMENE.Sim
ENVIRO NT RV CE
C y, R. ,, C.S.E.
President
JOHN B. HOPKINS
ATTORNEY AT LAW
1441 lyanough Road
Barnstable, MA 02630
Mailing Address: Telephone: (508)771-8001
P.O.Box 457 Facsimile: (508)771-8466
Barnstable,MA 02630 E-mail: jbhopkinsnverizon.net
VIA FACSIMILE 508-790-6304
AND REGULAR MAIL
September 5, 2006
Thomas McKean, Director
Public Health Division
Town of Barnstable
200 Main Street
Hyannis, MA 02601
RE: Kathleen Pouser, 22 Marion Way, Osterville, MA
Dear Mr. McKean:
Thrank you'for the courtesies extended in our brief telephone.conference of September 5,
2006.
I have been retained by Kathleen Pouser to represent her in matters regarding the above
referenced property and allegations that she is in violation of Title V of the State Environmental
Code and in violation of the By-laws of the Town of Barnstable.
It is my understanding that Ms. Pouser has requested a hearing before-jhe Board of
Health and that such a hearing/meeting had been previously scheduled and was continued again1 7
until 3:00 p.m. on this date. ,
Because of my recently having become involved and my total unfamiliarlity with the"'
facts surrounding this matter, I would respectfully request that a further continuance of MsYa
Pouser's requested hearing be granted until the next meeting of the Board which I understand is=
at 3:00 p.m. on October 10, 2006.
As I told you over the next week or ten days I would like to arrange a meeting with you
or any members of your staff whom you-feel,has knowledge and information relevant to these
issues at a mutually convenient time and place.
Thomas McKean
September 5, 2006
Page Two
I thank you and the Board of Health in advance for your consideration of this request. I
understand that there are some significant issues involved in this and it would not be fair to my
client for me to represent her without having fully examined all of the issues. I appreciate your
giving both my client and myself this consideration.
Very truly yours,
Jo B. H 4pins
JBH:pab
cc: Kathleen Pouser
Dictated but not read.
I L-
y. _ QaD
• � -7.
Town of Barnstable
fl
� mass:
Board. of Health.
_639.. .@ 200 Main Street,Hyannis MA 02601
Office: 508-8624644 Wayne Miller,M.D.
FAX: 508-790-6304 `r Paul Canniff,B.M.D.
September 7, 2006
Kathleen Pouser
22 Marion Way
Osterville, MA 02655
John B. Hopkins, Attorney at Law
PO Box 457
Barnstable, MA 02630
RE: 22 Marion Way, Osterville,MA
Dear Kathleen Pouser and John Hopkins: :.
This letter is to notify you that the Board of Health has agreed to postpone the hearing
again, as you requested, until the October 10, 2006 meeting which will be held at the
Town Hall in the Selectmen's Conference Room, 367 Main Street, Hyannis, at 3:00 pm.
The Board has made it clear that they will not approve any additional postponements or
delays in this regard. Please ensure that you are present at the next meeting scheduled on
October 10, 2006.
Sincerely,
Thomas A. McKean
Director of Public Health
Town of Barnstable -€
P:\WPFILES\LETTERS\letter-Pouser22Marion2006.doc
?U06 JUL 14 At
Attorney At Law
22 Marion Way- — _.
Osterville, Massachusetts 02655i"IVISION
Telephone: (508)-280-5700 E-Mail: keeplaw@aol.com
.y
July 14, 2006
RE: 22 Marion Way, Osterville,MA, 02655
Dear Sir or Madam:
As per you letter, I would like to request a hearing regarding the alleged
violations concerning the above mentioned property. Thank you for your cooperation in
this matter
Very truly yours,
Kathleen Pouser
Cc: John Brian Hopkins, Esq
4
c 'I
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(Transfer from service label)
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3- 32
Public Health Division i
Ow of-Bamstable II
' 66'1ain St. 1
Hyannis,Massachusetts 02601
I
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C.�JCJrL I1�1llt}St�llilltitlt{fSliiiSf{�tiltlV}}ttfiilliiii�littt'd�1�
Certified Mail#7003 1680 0004 5458 3800
y Town of Barnstable
Regulatory Services
t�sg.
Thomas F. Geiler,Director
Public Health Division
Thomas McKean,Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
July 5, 2006
Kathleen Pouser
22 Marion Way
Osterville, MA 02655 y
NOTICE TO ABATE VIOLATIONS OF 310 CMR: 15.000 THE STATE
ENVIRONMENTAL CODE TITLE V: MINIMUM REOUIREMENTS FOR THE
SUBSURFACE DISPOSAL OF SANITARY SEWAGE
On June 22, 2006 you came to the Town of Barnstable Town Offices to apply for a building
permit. Health Inspector David W. Stanton, RS, reviewed your building permit application for
the property owned by you located at 22 Marion Way, Osterville. Your building permit
application stated it was a five (5) bedroom dwelling. Your b uilding p ermit application was
ineligible.
The following is a violation of the State Environmental Code:
310 C MR 15.214: Nitrogen L oading Limitations: Five (5) bedroom home being utilized
within a Zone 2, Wellhead Protection Area with less then one acre of land.
History
-On August 10, 1979, septic permit#1979-532 was issued for two (2)bedroom home.
-The engineered plans for septic permit#1979-532 were designed for a single family,three(3)
bedroom home.
-The engineered plans list the lot as being 15,000 square feet of land.
-There are no building permits on file with the Building Division for five (5)bedroom home.
During the building permit application process you stated the dwelling contained five (5)
bedrooms. You also stated that two (2) septic systems were present at said property.
You are directed to correct the violation listed above within thirty (30) days of your receipt
of this notice by eliminating the two extra illegal bedrooms so that a total of only three (3)
bedrooms are present at said location. The Town of Barnstable Health Department has a
policy to eliminate the privacy of being considered a bedroom by installing a minimum five
(5) foot c ased o pening w ith n o d oors,b eds o r p eople s leeping i n t he r oom. P lease c all
` Health Inspector David W. Stanton, RS, to schedule an inspection of the property when the
extra bedroom has been eliminated at (508) 862-4647. If there are two septic systems at
QA0rder letters\Sewage violations\22 Marion Way.doc
r
said 1 ocation a s y on s tated, t he septic system that was installed illegally without Health
Department permits must be removed or abandoned properly, with the appropriate Health
Department permit within thirty(30) days of your receipt of this notice.
Please note: These are State regulations, and there are no variances or exceptions to it.
You may request a hearing before the Board of Health if written petition requesting same is ;
received within ten (10) days after the date the order is served.
Non-compliance will result in a fine of$100.00 per violation. Each day's failure to comply with
an order shall constitute a separate violation.
i
9PER ORDEaOFBOARD OF HEALTH
as A. cKean-,R.S.
Director of Public Health '
Town of Barnstable
Cc: Linda Edson
QA0rder letters\Sewage violations\22 Marion Way.doc
4,
' COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
_ DEPARTMENT OF ENVIRONMENTAL PROTECTION
ONE WINTER STREET. BOSTON, MA 02108 617.292.5500
� 2
WILLIA>1 F..W ELD TRUDY COX
Govcmor (Q2NF*,?
SC:rt l3
ARGEO PAUL CELLUCCI ��CF/(,-(� �IY'irlD B STRI'H
Lt.Governor SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECT Commission,
PART ACERTIFICATION4 1998
Property Address: 22 Marion Way Ostervi1 le,Mass . Address of Owner E i i
Date of Inspection: 2/13/98 (If different) .
Name of Inspector: 12May-amber Jr. �j y
1 am a DEP approved system inspector pursuant to Section 15.340 of Title 5 (310 CMR 15:Ob0)_'.'Y '_.: `
Company Name: J.P.Macomber & Son Inc.
Mailing Address: BOX 66 Centerville,Mass . 02632
Telephone Number: SOB-7 7 5-3 3 3 R
CERTIFICATION STATEMENT
I certify that I have personally inspected the sewage disposal system at this address and that the information reported below is vue, accurate
and complete as of the time of inspection. The inspection was performed based on my training and experience.in the proper function and
maintenance of on-site sewage disposal systems. The system:
Pa -s
S$es
Conditionally Passes
Needs further Evaluation By the Local Approving Authority
Fails 4
Inspector's Signature: /. Date: l3�
The System Inspect shall 4submit a copy of this inspection report to the Approving Authority within thirty (30) days of completing this
inspection. If the system is a shared system or has a design flow of 10,000 gpd or greater, the inspector and the system owner shall submit
the report to the appropriate regional office of the Department of Environmental Protection. The original should be sent to the system owner
'\, and copies sent to the buyer, if applicable, and the approving authority.
INSPECTION SUMMARY: Check A, B, C, or D:
AI SYSTEM PASSES:
i
I have not found any information which indicates that the system violates any of the failure criteria as defined in 310 CMR 15.303 ,
Any failure criteria not evaluated are indicated below.
COMMENTS:
III SYSTEM CONDITIONALLY PASSES: w
,VO 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.
Indicate yes, no, or not determined (Y, N, or ND). Describe basis of determination in all instances. If"not determined", explain why not.
The septic tank is metal, unless the owner or operator has provided the system inspector with a copy of a Certificate of
Compliance (attached) indicating that the tank was installed within twenty (20) years prior to the date of the inspection; or
the septic tank, whether or not metal, is cracked, structurally unsound, shows substantial infiltration or exfiltration, or tank
failure is imminent. The system will pass inspection if the existing septic tank is replaced with a conforming septic tank
as approved by the Board of Health.
(revised 04/25/97) Page 1 of 10
DEP on the World Woe Web: http:1Avww.magnet.state.ma.usrdep
Printed on Recycled Paper
r
-A �
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART A
CERTIFICATION (continued)
Property Address: 22 Marion Way Osterville,Mass .
Owner: Mary Kirk C/O Paul Costello
Date of Inspection: 2/1 3/9 8
B) SYSTEM CONDITIONALLY PASSES (continued)
,LV Sewage backup or breakout or high static water level observed in the distribution box is due to broken or obstructed
pipe(s) or due to a broken, settled or uneven distribution box. The system will pass inspection if (with approval of the
Board of Health). Describe observations:
broken pipe(s) are replaced
obstruction is removed
distribution box is levelled or replaced
&J The system required pumping more than four times a year due to broken or obstructed pipe(s). The system will pass
inspection if(with approval of the Board of Health):
broken pipe(s) are replaced
obstruction is removed
CJ 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 the
public health, safety and the environment.
1) SYSTEM WILL PASS UNLESS BOARD OF HEALTH DETERMINES THAT THE SYSTEM IS NOT FUNCTIONING IN A MANNER
WHICH WILL PROTECT THE PUBLIC HEALTH AND SAFETY AND THE ENVIRONMENT:
Ale Cesspool or privy is within 50 feet of a surface water
y� Cesspool or privy is within 50 feet of a bordering vegetated wetland or a salt marsh.
2) SYSTEM WILL FAIL UNLESS THE BOARD OF HEALTH (AND PUBLIC WATER SUPPLIER, IF APPROPRIATE) DETERMINES THAT
THE SYSTEM IS FUNCTIONING IN A MANNER THAT PROTECTS THE PUBLIC HEALTH AND SAFETY AND THE
ENVIRONMENT:
y6 The system has a septic tank and soil absorption system (SAS) and the SAS is within 100 feet to a surface water supply or
tributary to a surface water supply.
�p The system has a septic tank and soil absorption system and the SAS is within a Zone I of a public water supply well.
y� The system has a septic tank and soil absorption system and the SAS is within 50 feet of a private water supply well.
.Ul) The system has a septic tank and soil absorption system and the SAS is less than 100 feet but 50 feet or more from a
private water supply well, unless a well water analysis for coliform bacteria and volatile organic compounds indicates that
the well is free from pollution from that facility and the presence of ammonia nitrogen and nitrate nitrogen is equal to or
less than 5 ppm. Method used to determine distance .t/A- (approximation not valid).
3) OTHER
(revioed 04/25/97) Page 2 of 10
• I '\i
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART A
CERTIFICATION (continued)
Property Address: 22 Marion Way Osterville,Mass .
Owner: Mary Kirk C/O Paul Costello
Date of Inspection:2/1 3/9 8
D) SYSTEM FAILS:
You must indicate ew.ef "Yes" or "No" as to each of the following:
,VtO I have determined that the system violates one or more of the following failure criteria as defined in 310 CMR 15.303 The bass
for this determination is identified below. The Board of Health should be contacted to determine what will be necessary to correc
the failure.
Yes No
Backup of sewage into facility or system component due to an 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 inntt�he��triNio box above outlet
outlet invert due to an overloaded or clogged SAS or cesspool
Liquid depth in ee"poo�is less
/than 6" below invert or available volume is less than 1/1 day flow.
Required pumping more than 4 times in the last year NOT due to clogged or obstructed pipe($).
Number of times pumped 4�i Iy
Any portion of the Soil Absorption System, cesspool or privy is below the high groundwater elevation.
Any ponion of a cesspool or privy is within 100 feet of a surface water supply or tributary to a surface water supply
Any portion of a cesspool or privy is within a Zone I 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. If the well has been analyzed to be acceptable, attach copy of well water analysis for
coliform bacteria, volatile organic compounds, ammonia nitrogen and nitrate nitrogen.
E) LARGE SYSTEM FAILS:
You must indicate either "Yes" or "No" as to each of the following:
The following criteria apply to large systems in addition to the criteria above:
The system serves a facility with a design flow of 10,000 gpd or greater (Large System) and the system is a significant threat to
public health and safety and the environment because one or more of the following conditions exist
Yes No
1 the system is within 400 feet of a surface drinking water supply
the system is within 100 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)
The owner or operator of any such system shall bring the system and facility into full compliance with the groundwater treatment program
requirements of 314 CMR 5.00 and 6.00. Please consult the local regional office of the Department for funher information
(r.vs..6 04/25/97) Y.g. 3 of 10
r \
V
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART B
CHECKLIST
Property Address:22 Marion Way Osterville,Mass .
Owner: Mary Kirk C/O Paul Costello
Date of Inspection: 2/1 3/9 8
Check if the following have been done: You must indicate either "Yes" or "No" as to each of the following:
Yes No
Pumping information was provided by the owner, occupant, or Board of Health.
None of the system components have been pumped for at least two weeks and the system has been receiving normal
flow rates during that period. Large volumes of water have not been introduced into the system recently or
as part of this inspection.
As built plans have been obtained and examined. Note if they are not available with N/A.
_ The facility or dwelling was inspected for signs of sewage back-up.
The system does not receive non sanitary or industrial waste flow.
_ The site was inspected for signs of breakout.
_ All system components,eluding the Soil Absorption System, have been located on the site.
_ The septic tank manholes were uncovered, opened, and the interior of the septic tank was inspected for condition of
baffles or tees, material of construction, dimensions, depth of liquid, depth of sludge, depth of scum.
—The size and location of the Soil Absorption System on the site has been determined based on:
The facility owner land occupants, if djfferent from owner) were provided with information on the proper maintenance of
Sub-Surface Disposal System.
Existing information. Ex. Plan at B.O.H.
_ Determined in the field (if any of the failure criteria related to Part C is at issue, approximation of distance is
unacceptable) 115.302(3)(b)J
(revised 04/25/97) Peg. 4 of 10
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART C
SYSTEM INFORMATION
Property Address: 22 Marion Way Osterville,Mass .
Owner: Mary Kirk C/O Paul Costello
Date of Inspection: 2/1 3/98
FLOW CONDITIONS
RESIDENTIAL:
Design flow: for S.A.S.
Number of bedrooms:
Number of current residents:
Garbage grinder (y or no):P es
Laundry connected to system (yes or no):_/_'e�
Seasonal use (yes or no):t
Water meter readings, if available (last two (2) year usage (gpd):
Sump Pump (yes or no):
Last date of occupancy: IVA,
COMMERCIAUINDUSTRIAL:
Type of establishment: AM
Design flow: NA gallons/day
Grease trap present: (yes or no)-e-09
Industrial waste Holding Tank present: (yes or no) 041
Non-sanitary waste discharged to the Title S system: (yes or noyV$_
Water meter readings, if available:
'VA
Last date of occupancy:-A2,4
OTHER: (Describe)
Last date of occupancy: lye
GENERAL INFORMATION
PUMPING RECORDS and source of information:
t+: ' ve&jgh, z
System pumped as part of inspection: (yes or no_
If yes, volume pumped: VW gallons
Reason for pumping: 14/14
TYPE OF SYSTEM
Septic tank/distribution box/soil absorption system
,1,/,0 Single cesspool
,Vd Overflow cesspool
•UC) Privy
,02) Shared system (yes or no) (if yes, attach previous inspection records, if any)
V44 I/A Technology etc. Copy of up to date contract?
Other 4yJ
APPROXIMATE AGE of all components, date installed (if known) and source of information:
/ - � -
Sewage odors detected when arriving at the site: (yes or no)
(revised 04/25/97) Page S of 10
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART C
SYSTEM INFORMATION (continued)
Property Address: 22 Marion Way Osterville,Mass .
Owner: Mary Kirk C/O Paul Costello
Date of Inspection: 2/13/98
BUILDING SEWER:
(Locate on site plan)
�11!
Depth below grade:,
Material of construction: —cast iron Z40VC — other (explain)
Distance frompjivate water supply well or suction line 11/1111� .
Diameter
Com,ants: (condition of oints, venting, evidence of leaka e, etc.( i
SEPTIC TANK:/0 09111 115
(locate on site plan)
t/
Depth below grade: 30
Material of construction: concrete —metal —Fiberglass —Polyethylene —other(explain)
If tank is metal, list age 4/ Is age confirmed by Certificate of Compliance/4/4 (Yes/No)
Dimensions: 9
Sludge depth:
Distance from top of sludge to bonom of outlet tee or baffle: GQ�
Scum thickness: P*'//
Distance from top of scum to top of outlet tee or baffle: eu „
Distance from bottom of scum to bottom of outlet tee o baffle:
How dimensions were determined:
Comments:
(recommendation for pumping, conditi of inlet and outlet tees or baffles, depth of liquid leve in relation to outlet invert, structural
integrity, evidence of leaka e, etc.) I ` /)
J G
GREASE TRAP:.trAFWt .
(locate on site plan)
Depth below grade:
Material of construction:,C4concreteNA metal 4',*Fiberglass Wp Polyethylene-t'�i/other(explain)
N/� — —
Dimensions: AIX
Scum thickness: 41W
Distance from top of scum to top of outlet tee or baffle: VI;L
Distance from bottom of scum to bottom of outlet tee or baffle: ,VIF
Date of last pumping: A
Comments:
(recommendation for pumping, condition of inlet and outlet tees or baffles, depth of liquid level in relation to outlet invert, structural
integrity, evidence of leakage, etc.)
(revised 04/25/97) Page 6 of 10
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART C
SYSTEM INFORMATION (continued)
Property Address: 22 Marion Way Osterville,Mass .
Owner: Paul Costello
Date of Inspection2/13/9 8
TIGHT OR HOLDING TANK:! ',(Tank must be pumped prior to, or at time, of inspection)
(locate on site plan)
Depth below grade: t�/A
Material of constructionWA concrele44 metal&0Fiberglass /fPoLyethylenewAother(explain)
.uA
N.4
Dimensions: .fit
Capacity: 14,W gallons
Design flow:e �gallons/day
w
Alarm level: Alarm in working order.!%91'es;,l//F Nu
Date of previous pumping: /Gt/¢
Comments
(condition of inlet tee, condition of alarm and float switches, etc.)
F T Ur G &1a /.9,r,- �f—' 1127 .O/'CSCyT.
I
DISTRIBUTION BOX:z
(locate on site plan)
Depth o' liquid level above outlet inven: A.14
Comments.
(not if level alid distributfo is equ I, evidence of solids carryover, evidence of leakage into or out of box, etc.)
!`J^
Over. i '- a O
PUMP CHANiBER:A Q. le,
(locate on site plan)
Pumps in working order: (Yes or No) A14
Alarms in working order (Yes or No)—A��
Comments:
(note condition of pump chamber, condition of pumps and appunenances, etc.)
10
(revised 01/25/97) P.q. 7 of 10
r
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART C
SYSTEM INFORMATION (continued)
Property Address: 22 Marion Way Osterville,Mass .
Owner: Paul Costello
Date of Inspection: 2/1 3/9 8 ,'• n
SOIL ABSORPTION SYSTEM (SAS): �QN
(locate on site plan, if possible; excavation{not required, but may be approximated by non-intrusive methods)
If not determined to be present, explain:
Type. �
leaching pits, number:_
leaching chambers, number: O
leaching galleries, number:
leaching trenches, number,length:
leaching fields, number, dim ions:
overflow cesspool, number V
Alternative system:
Name of Technology:
Comments:
(note condition of soil, sins of hydraulic failure, level of pondin , condition of vegetation, etc.)
4uh-v4AX V,
..CESSPOOLS: dt
(locate on site plan)
Number and configuration: AA r
Depth-top of liquid to inlet invert: ti4
Depth of solids layer: AIX
Depth of scum layer: AIA
Dimensions of cesspool: AJA
Materials of construction: ALI
Indication of groundwater: tiA
inflow (cesspool must be pumped as part of inspection)
ne, 6?j7 Zrejq3,vi
Comments:
(note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.)
e tivr sc✓1��-
PRIVY:
(locate on site plan)
Materials of construction: /lJi3? Dimensions:
Depth of solids: AI)d
Comments:
(note condition of soil, signs of.-hydraulic failure, level of ponding, condition of vegetation, etc.)
��v y A9 Vd r .ire L,-�2—
(rovimed 04/25/97) Page 8 of 10
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART C
SYSTEM INFORMATION (continued)
Properly Address: 22 Marion Way Osterville Mass .
Owner: Mary Kirk C/O Paul Costello
Date of Inspection: 2/1 3/98
SKETCH OF SEWAGE DISPOSAL SYSTEM:
include ties to at least two permanent references landmarks or benchmarks
locate all wells within 100' (Locate where public water supply comes into house)
L MoriEm
C,
(revised 04/25/97) Page 9 of 10
r
SUBSURFACE SEWAGE DISPC L SYSTEM INSPECTION FORM
r. C
SYSTEM INFOI.'.. LION (continued)
Property Address: 22 Marion Way Osterville,Mass .
Owner: Mary Kirk C/o Paul Costello
Date of Inspection: 2/1 3/98
Depth to Groundwater/-r Feet
Please indicate all the methods used to determine High Groundwater Elc.a:ion:
Obtained from Design Plans on record
Observation of Site (Abutting property, observation hole, baserrknr situp etc.)
-z Determine it from local conditions
Check with local Board of health
Check FEMA Maps
_zcheck pumping records
Check local excavators, installers
Use USGS Data
Describe in your own words how you established the High Ground1wa-verElevation. (Must be completed)
Used Groundwater Contours Map.
Gahrety & Miller Model
12/16/94
(revisal 04/25/97) Pic, o[ 10
r CY 1
y -.r•..—n.•r-r.--rrrn—arr.•nmrrnn:srtrrr,:-.�.+eevrr:+nrz+nm m�ia*.a•v�cr.mn iTzaTen-'��raz
I TOWN OF Barnstable WARD OF IIEALTII
I
S(1IISURFACR SEWAGE DISPOSAL SYSTEM INSPECTION FORM - PART D .- CERTIFICATION
`� �•••�•-t�T••.-•.:e—r.tr.^.--'t':T+.•n.�n TZlr trrra7•T.•r1-r•ir'1rsnlsrnm—TRtR4aY Mr'TT+s�n-rsr7 rsm n�+srrnr:rrrrr.+r.+r.•.:r r.-- r-1. .�.
-TYPE OR PRINT CLEARLY-
PROPERTY INSPECTED
STREET ADDRESS 22 Marion Way Osterville,Mass .
ASSESSORS MAP , BLOCK AND PARCEL #
OWNER' s NAME Mary Kirk -
.
PART D - CERTIFICATION r
NAME OF INSPECTOR Joseph P.Macomber JR.
COMPANY NAME J.P.Macomber & Sell 'Inc.
COMPANY ADDRESS Box 66 Centerville,Mass. 02632
Street Town or City S t a t 0 LIP
COMPANY TELEPHONE (508 ) 775 - 3338 FAX ( 508 ) 790 - 1578
CERTIFICATION STATEMENT
I certify that I have personally inspected the sewage disposal system at
this address and that the information reported is true , accurate , and
complete as of the time of :inspection , Tile inspection was performed and any
recommendations regarding upgrade , maintenance , and repair are consistent
with my training and experience in the proper function and maintenance of on-
site sewage disposal systems .
:C.Idek one
System PASSED
The inspection which I have conducted has not found any information
which indicates that the system fails to adequately protect public
healLh or the environment as defined in 310 CMR 15 . 303 , Any failure
criteria not evaluated are as stated in the FAILURE CRITERIA section of
this form .
System FAILED*
The inspection which I have conducted has found that the system fails to
Protect the public !health and the environment in accordance with Title
5 , 310 CMR 15 , 303 , and as specifically noted on PART C - FAILURE
CRITERIA of this inspection form .
Inspector Signatur Date 2/13/98
T a"'__TAT —— —�-•�
One copy of this certification must be provided to the OWNER, the BUYER
( where applicable ) and the BOARD OF 11BAL711.
* If the inspection FAILED, the owner or" _Perator shall upgrade
he ayete
within one year of the date of the inspection , unless allowed
ortrequiredm
otherwise as provided in 3.10 CHR 15 . 305 .
partd .doc
n r
TfM C ONMONWEi ALTH OF NtA.SSA CfrUSETTS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
BE IT KNOWN THAT
Joseph P. Macomber, Jr.
Has satisfied the Department's qualifications as required and is hereby
authorized to use the title
CER i i D TITLES SYSTEM INSPECTOR
as provided in 310 CMR 15_340 and Section 13 of Chapter 21A of the
General Laws_ Issued by The Department of Environmental Protection_
*rung Dircc(or of (tic I i Ion of Wilcr Pollution Control
t�ti 1
f S
r
0
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS .
' C DEPARTMENT OF ENVIRONMENTAL PROTECTION
ONE WINTER STREET. BOSTON, MA 02108 617.292.5500
WILLIA.NI F.,11 ELD
TRUDY CC
Governor (1-1\ Sccrc
ARGEO PAUL CELLUCCIm `
�Ilcy� II','tlfD
Lt.Govcor B STRL
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECT QN FR Commissic
CERTIFIRCATION 4 1998 '
Property Address: 22 Marion Way Osterville,Mass . Address of Owner
Date of Inspection: 2 13/9 8 (If,different)
Name of Inspector: /; - .
ber Jr.
I am a DEP approved-system--inspector pursuant to Section 15.340 of Title 5 (310 CMR
Company Name: J.P.Macomber & Son Inc.
Mailing Address; Box 66 CentervillerMass 02632
Telephone Number: S Q R_7 7 S_3 3-18
CERTIFICATION STATEMENT
I certify that I have personally inspected the sewage disposal system at this address and that the information reported below is true, accurate
and complete as of the.time of inspection. The inspection was performed based on my training and experience in the proper function and
maintenance of on-site sewage disposal systems. The system:
asses
Conditionally Passes
Needs Further Evaluation By the Local.Approving Authority
_ Fails ,,��
Inspector's Signature: /. Date:
The System Inspect shall 4submit a copy of this inspection report to the Approving Authority within thirty (30) days of completing this
inspection. If the system is a shared system or has a design flow of 10,000 gpd or greater, the inspector.and the system owner shall submit
the repon to the appropriate regional office of the Department of Environmental.Protection. The.original should be sent to the system owner
' and copies sent to the buyer, if applicable, and the approving authority,
INSPECTION SUMMARY: Check A, B, C, or D:
AI SYSTEM PASSES:
I have not found any information which indicates that the system violates any of the failure criteria as defined in 310 CMR 15.303
Any failure criteria not evaluated are indicated below:
COMMENTS:
BI SYSTEM CONDITIONALLY PASSES:
VO 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.
Indicate yes, no, or not determined (Y, N, or ND). Describe basis of determination.in all instances. if"not determined", explain why not.
The septic tank is metal, unless the owner or operator has provided the system inspector with a copy of a Certificate of
Compliance (attached) indicating that the tank was installed within.twenty (20)years prior to the date of the inspection; or
the septic tank, whether or not metal, is cracked; structurally unsound, shows substantial infiltration or exfiltration, or tank
failure is imminent. The system will pass inspection if the existing septic tank is replaced with a conforming septic tank
as approved by the Board of Health.
(rwisad 04/25/97) Page 1 09 10
DEP on the World Wide Web: http:/Avww.magnet.state.ma.us/dep
Printed on Recycled Paper
1
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART A
CERTIFICATION (continued)
Property Address: 22 Marion Way Osterville,Mass.
Owner: Mary Kirk C/0 Paul Costello
Date of Inspection: 2/1 3/9 8
BJ SYSTEM CONDITIONALLY PASSES (continued)
Sewage backup or breakout or high static water level observed in the distribution box is due to broken or obstructed
pipe(s) or due to a broken, settled or uneven distribution box. The system will pass inspection if (with approval of the
Board of Health). Describe observations:
broken pipe(s) are replaced
obstruction is removed
distribution box is levelled or replaced
&/d The system required pumping more than four times a year due to broken or obstructed pipe(s). The system will pass
inspection if(with approval of the Board of Health):
broken pipe(s) are replaced
obstruction is removed
CJ FURTHER EVALUATION IS REQUIRED BY THE BOARD OF HEALTH:
�f Conditions exist which require further evaluation by the Board of Health in order to determine if the system is failing to protect the
public health, safety and the environment.
1) SYSTEM WILL PASS UNLESS BOARD OF HEALTH DETERMINES THAT THE SYSTEM IS NOT FUNCTIONING IN A MANNER
WHICH WILL PROTECT THE PUBLIC HEALTH AND SAFETY AND THE ENVIRONMENT:
4/E Cesspool or privy is within 50 feet of a surface water
A&P Cesspool or privy is within 50 feet of a bordering vegetated wetland or a salt marsh.
2) SYSTEM WILL FAIL UNLESS THE BOARD OF HEALTH (AND PUBLIC WATER SUPPLIER, IF APPROPRIATE) DETERMINES THAT
THE SYSTEM 15 FUNCTIONING IN A MANNER THAT PROTECTS THE PUBLIC HEALTH AND SAFETY AND THE
ENVIRONMENT:
&!6 The system has a septic tank and soil absorption system (SAS) and the SAS is within 100 feet to a surface water supply or
tributary to a surface water supply.
1Lp The system has a septic tank and soil absorption system and the SAS is within a Zone I of a public water supply well.
d& The system has a septic tank and soil absorption system and the SAS is within 50 feet of a private water supply well.
.Ud The system has a septic tank and soil absorption system and the SAS is less than 100 feet but 50 feet or more from a
private water supply well, unless a well water analysis for coliform bacteria and volatile organic-compounds indicates that
the well is free from pollution from that facility and the presence of ammonia nitrogen and nitrate nitrogen is equal to or
less than 5 ppm. Method used to determine distance .-IA- (approximation not valid).
3) OTHER
(revised 04/25/27) - Pa9. 2 01 10 -
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART A
CERTIFICATION (continued)
Property Address: 22 Marion Way Osterville,Mass.
Owner: Mary Kirk C/O Paul Costello
Date of Inspection:2/1 3/98
D) SYSTEM FAILS:
You must indicate ei:•.er "Yes" or "No" as to each of the following:
dJD 1 have determined that the system violates one or more of the following failure criteria as defined in 310 CmR 15.303 The base.
for this determination is identified below. The Board of Health should be contacted to determine what will be necessary to corm
the failure.
Yes No
Backup of sewage into facility or system component due to an 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 istribi.Aion box above outlet invert due to an overloaded or clogged SAS or cesspool
mil• �' f''i�' � G�Y�y
Liquid depth in ee,rpoci•is less than 6" below inven or available volume is less than 1/2 day flow.
Required pumping more than 4 times in the last year NOT due to clogged or obstructed pipe(s).
Number of times pumped
_ ,Z Any portion of the Soil Absorption System, cesspool or privy is below the high groundwater elevation.
Any portion of a cesspool or privy is within 100 feet of a surface water supply or tributary,to a surface water supply
Any portion of a cesspool or privy is within a Zone I of a public well.
Any ponjon 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 m
acceptable water quality analysis. If the well has been analyzed to be acceptable, attach copy of well water analysis for
coliform bacteria, volatile organic compounds, ammonia nitrogen and nitrate nitrogen.
E] LARGE SYSTEM FAILS:
You must indicate either "Yes" or "No" as to each of the following:
The following criteria apply to large systems in addition to the criteria above:
The system serves a facility with a design flow of 10,000 gpd or greater (Large System) and the system is a significant threat to
public health and safety and the environment because one or more of the following conditions exist
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)
The owner or operator of any such system shall bring the system and facility into full compliance with the groundwater treatment program
requirements of 314 CMR 5.00 and 6.00. Please consult the local regional office of the Department for,further information
(zcvir�d 04/2S/97) Pa9• 3 of 10
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART B
CHECKLIST
Property Address:22 Marion Way Osterville,Mass. .
Owner: Mary Kirk C/0 Paul Costello
Date of Inspection: 2/13 9 8
Check if the following have been done: You must indicate either "Yes" or "No" as to each of the following:
Yes No
Pumping information was provided by the owner, occupant, or Board of Health.
None of the system components have been pumped for at least two weeks and the system has been.receiving normal
flow rates during that period. Large volumes of water have not been introduced into the system recently or
as part of this inspection.
As built plans have been obtained and examined. Note if they are not available with N/A.
_ The facility or dwelling was inspected for signs of sewage back-up.
The system does not receive non-sanitary or industrial waste flow.
— The site was inspected for signs of breakout.
_ All system components,eluding the Soil Absorption System, have been located on the site.
4/_1 _ The septic tank manholes were uncovered, opened, and the interior of the septic tank was inspected for condition of
baffles or tees, material of construction, dimensions, depth of liquid, depth of sludge, depth of scum.
— The size and location of the Soil Absorption System on the site has been determined based on:
The facility owner (and occupants, if different from owner) were provided with information on the proper maintenance of
Sub-Surface Disposal System.
Existing information. Ex. Plan at B.O.H.
_ Determined in the field (if any of the failure criteria related to Part C is at issue, approximation of distance is
unacceptable) (15.302(3)(b))
(r.vised ;04/2S/97) P&g• 4 of 20 -
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
. PART C
SYSTEM INFORMATION
Property Address: 22 Marion Way Osterville,Mass .
Owner: Mary Kirk C/0 Paul Costello
Date of Inspection: 2/1 3/9 8
RESIDENTIAL: FLOW CONDITIONS
Design flow: .p-d./bedroom for S.A.S.
Number of bedrooms: V P67
Number of current residentsGarbage grinder (yesor no):
Laundry connected to system (yes or no): �
Seasonal use (yes or no):
Water meter readings, if available (last two (2) year usage (gpd): e
Sump Pump (Yes or no):.G>/9 �/ /plj/� �'���e�� = l Fd•F� �.��
Last date of occupancy: tl_
COMMERCIAUINDUSTRIAL
Type of establishment: AM
Design flow:- ko4 gallons/day
Grease trap present: (yes or no)A�A
Industrial Waste Holding Tank present: (yes or no)IV
Non sanitary waste discharged to the Title 5 system: (yes or nowx
Water meter readings, if available:&4
Last date of occupancy:,_.
OTHER: (Describe) _ G✓'li�
Last date of occupancy /!J
GENERAL INFORMATION
PUMPING RECORDS and source of information:
System pumped as part of inspection: (yes or novo
If yes, volume pumped: VO, gallons
Reason for pumping. ,lJ
TYPE OF SYSTEM
,Septic tank/distribution box/soil absorption system
10 Single cesspool
4)d Overflow cesspool
Privy
Shared system (yes or no) (if yes, attach previous inspection records, if any)
I/A Technology etc. Copy of up to date contract?
Other
APPROXIMATE AGE of all components, date installed (if known) and source of information:
. ors
,Sewage odors detected when arriving at the site: (yes or no)
(zaviiad 04/25/97) Page S of 10
t '
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION .FORM
PART C
SYSTEh1 INFORMATION (continued)
Property Address: 22 Marion Way Osterville,Mass .
Owner: Mary Kirk CIO
/ Paul Costello
Date of Inspection: 2/1 3/98
BUILDING SEWER:
(Locate on site plan)
)/!
Depth below grade:/
Material of construction: _cast iron Z40VC_ other (explain)
Distance from Private water supply well or suction line
Diameter
Comm nts: (condition of oints, venting, evidence of leaka e, etc.)
SEPTIC TANK:1AA:;'�
(locate on site plan)
Depth below grade: 30
material of construa101: zncrete _metal _Fiberglass _Polyethylene _other(explain)
If tank is metal, list age tL_ Is age confirmed by Cenificatelof Compliance jl,V (Yes/No)
Dimensions:
Sludge depth--1&1 /;/J
Distance from top of sludge to bonom of outlet tee or baffle: G►����
Scum thickness: P?O4e!
Distance from top of scum to top of outlet tee or baffle: C°u4
Distance from bottom of scum to bonom of outlet tee o baffle: L5_
How dimensions were determined:
Comments:
(recommendation for pumping, conditi of inlet and outlet tees or baffles, depth of liquid leve in relation to outlet invert, structural
integnt}, evidence of leaka e, etc.) >
GREASE TRAP:.4tiv1e_
(locate on site plan)
Depth below grader
Material of construct ion:414 concrete NA metal 4'#
—Fiberglas s 4.Polyethylene,t/�other(explain)
Dimensions: AIX
Scum thickness: 41W
Distance from top of scum to top of outlet tee or baffle: VIJ L ;
Distance from bottom of scum to bottom of outlet tee or baffle: yiF
Date of last pumping:
Comments:
(recommendation for pumping, condition of inlet and outlet tees or baffles, depth of liquid level in relation to outlet invert, structural
integrity,.evidence of leakage, etc.)
•�. PZ7
I .
(revised 04/25/97) -
' Page 6 of 10
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART C
SYSTEM INFORMATION (continued)
Property Address: 22 Marion Way Osterville,Mass .
Owner: Paul Costello
Date of Inspection2/1 3/98
TIGHT OR HOLDING TANKS(Tank must be pumped prior to, or at time, of inspection)
(locate on site plan)
Depth below grade:
Material of con strua ion W,4 concrete s_Ometal U,0Fiberglass.e%¢Polyethylenes,4other(explain)
Dimensions: �U/cl
Capaciry:- ,&Z gallons
Design flow:
1� gallons/day
Alarm level t L Alarm in working order NA Yes; tI4 Nu
Date of previous pumping: �_
Comments
(condition of inlet tee, condition of alarm and float switches, etc.)
i�r r r !� /✓9,c 1/y �r AlP i 7-
DISTRIBUTION BOX:
(locate on site plan)
Depth o; liquid level above outlet invert: ,
Commen:s.
(not ^f level a d distributio is equ I, evidence of solids carryover, evidence of leakage into or out of box, e(c.)
J- H
p PUMP. CHAMBER: &lave,
(locate on site plan)
Pumps in working order: (Yes or No) ✓t/?
Alarms in working order (Yes or No)_A—�41-
Comments:
(note condition of pump chamber, condition of pumps and appurtenances, etc.)
(r•vis•:d 04-/25/97) P,go 7 of 10 -
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART C
SYSTEM INFORMATION (continued)
Property Address: 22 Marion Way Osterville,Mass .
Owner: Paul Costello
Date of Inspection: 2/1 3/9 8
SOIL ABSORPTION SYSTEM (SAS):_&L19A&N
(locate on site plan, if possible; excavation not required, but may be approximated by non-intrusive methods)
If not determined to be present, explain:
Type
leaching pits, number:
leaching chambers, number: O
leaching galleries, number.
leaching trenches, number,length: _
leaching fields, number, dim ion
overflow cesspool, number:
Alternative system: )`}•
Name of Technology: 1T e✓ CGj
Comments:
(note condition of soil, si ns of hydraulic failure, level of pondin , condition of vegetation, etc.)
r S• �' >;
CESSPOOLS:
(locate on site plan)
Number and configuration:_ AIA r
Depth-top of liquid to inlet invert: , 4
Depth of solids layer: /,Q
Depth of scum layer.
Dimensions of cesspool:__
Materials of construction:_ .�lA
Indication of groundwater:
inflow (cesspool must be pumped as part of inspection)
Comments:
(note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.) .
9.il�D S P ilia r ,/1�ao C'io a,�—
P RIVY:
(locate on site plan)
Materials of construction:_ Dimensions:
Depth of solids:�j�
Comments:
(note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.)
r-�iw is �aT' ,N sNAiT
(r•vl••d 0�/I5/97) Page 8 of 10
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART C
SYSTEM INFORMATION (continued)
Property Address: 22 Marion Way Osterville Mass .
Owner: Mary Kirk C/O Paul Costello
Date of Inspection: 2/1 3/98
SKETCH OF SEWAGE DISPOSAL SYSTEM:
include ties to at least two permanent references landmarks or benchmarks
locate all wells within 100' (Locate where public water.supply comes into house)
l mo�r`tDri UJCWrV�l��P
oe
i
(revised 01/25/97)
Page 9 of 10 ..
i1
1 ,1
SUBSURFACE SEWAGE DISP,: I.SYSTEM INSPECTION FORM
SYSTEM INFOI;—.. :ION (continued)
Property Address:
Owner: 22 Marion Way Osterville;Mass :
Owner: Mary Kirk C/0 Paul Costello
Date of Inspection: 2/1 3/9 8
Depth to Groundwater/57—'Feet
Please indicate all the methods used to determine High GroundwaW Flc- a:ion:
Obtained from Design Plans on record
_zObservation of Site (Abutting property, observation hole, basemtri-simp etc.)
—zDetermine it from local conditions
Check with local Board of health
Check FEMA Maps
_zCcheck pumping records
--j— `heck local excavators, installers
Use USGS Data
Describe in your own words how you established the High GrounclwaTcrElevation. (M-ust be completed)
Used Groundwater Contours Map, t
Gahrety & Miller Model
12/16/94
(zrvl..d 04/25/97) - Pac. of .10 _
1 --
1•
TOWN OF Barnstable BOARD OF.. HEA!,TI1
SWISURFACF 9EHAG'F DISPOSAL SYSTEM INSPECTION FORM - PART D •- CERTI FICATION
�•••—•^. T•""♦—r.t lS�.�T.T..�rf'1T.1T1 T.1T ST1T}T'nT'T�..l-1Ci'Tt.�'1119T�TR'^T�tT�I"lT��. 7
• i•Rnn�,ZTl.TTTT'rl'TrT.:—.�rT'.•.--1. -
-TYPE OR PRINT CLEARLY-
PROPERTY INSPECTED
STREET ADDRESS 22 Marion Way Osterville,Mass .
-----------------
ASSESSORS MAP , BLOCK AND PARCEL #,
OWNER' S NAME Mary Kirk -
PART D - CERTIFICATION
NAME OF INSPECTOR Joseph P.Macomber JR.
COMPANY NAME J.P.Macomber & Scrf! 'Inc.
COMPANY ADDRESS Box 66 Centerville,Mass . 02632
Street Town or City
COMPANY TELEPHONE statI ZIp
- (508 ) 775 - 3338 FAX ( 508 ) 790 - 1578
CERTIFICATION STATEMENT
I certify that I have personally inspected the se wage . die posa� system at
this address and that the information reported is true , accurate; and
complete as of the time of :inspection . The inspection was performed and any
recoinrnendations regarding upgrade, maintenance , and repair are consistent
with my, training and experience in the proper function and maintenance of on-
site sewage disposal systems .
Che k one :
,r,:; i•
System PASSED
The inspection which I have conducted has not found any information
which indicates that the system fails to adequately protect public
IiealLll or the environment as defined in 310 CMR, 15 . 303 , Any failure
criteria not evaluated are as stated in the this form . FAILURE CRITERIAsection of
System FAILEll*
The inspection which I have conducted has found that the system fails to
Protect the public health and the environment in accordance with Title
5 , 3.10 CMR 15 , 303 , and as specifically noted on. PART C - FAILURE
CRITERIA of this inspection form .
Inspector Signatur Date 2/13/98
'
One copy of this certification must be provided to the OWNER, the BUYER
( Where applicable ) Bind the BOARD OF liEALT'!!,
* IC the inspection FAILED, the owner or" perator shall Upgrade -
within one year of the date of the inspection , unless allowedotaYste
m
otherwise as provided in 3.10 chlR 16 , 305 , r required
Partd .doc
!-
Ln
THE.lE C O NM O N .A LTH OF MA
SSA,CHUSETTS
DEPATZTnTENT OF ENSON ENT'AL PRO
BE IT KNOWN . THAT
Joseph P. Macomber, Jr.
'Has satisfied the Department's ualificati � ns a
q 4 s required and is hereby
authorized to use the title
CERTHIE D TITLE S SYSTEM INSPECTOR
as provided �n 310 CMR 15.340 and Section 13 of Chapter 21A, of the
General Laws . Issued by The Department of Environmental prote
ction.
) nc 8" 1995
Arunx (>ircccor of chc i ton u( W11cr'Pollution C onCrol
F� Begt.(3rd floor) Map '1 Parcel i Permit# ✓(D i f
r� House# r 'J Date Issued - J A0
Board of Health 3rd floor 8:15-9:30/1:00 �Pn Z r-+
( )( �ir39} -� Fee- J►, .3 0 t_.CM-
Conservation Office(4th floor)(8:30-9:30/1:00-2:00)
194
((� TOWN OF BARNSTABLE ''`" '��
Building Permit Application
Prol reet Address- �a
Village OSTML)i Lt r✓:
Owner EQ?NIEEIJ fooxF,R Address
Telephone -4aJ3�-
' OO
Permit Request Gxt+ latilD $MALL 2)6C� l
First Floor- U 15 square feet Second Floor square feet',
Construction Type Ely- k Ex I. -
Estimated Project Cost $
Zoning District. Flood Plain Water Protection
Lot Size 15 006) Grandfathered ❑Yes ❑No
Dwelling Type: Single Family m---Two Family ❑ Multi-Family(#units)
Age of Existing Structure J:4 Historic House ❑Yes ai<o On Old King's Highway ❑Yes' ❑No I
Basement Type: (??Cl ❑Crawl ❑Walkout ❑Other
Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) / t 5 O
Number of Baths: Full: Existing 3 New Half: Existing New
No.of Bedrooms: Existing New
Total Room Count(not including baths):Existing New First Floor Room Count
Heat Type and Fuel: ❑Gas Q'bil ❑Electric ❑Other
Central Air ❑Yes tip No Fireplaces:Existing 1 New Existing wood/coal stove ❑Yes L�lo
Garage: ❑Detached(size) Other Detached Structures: ❑Pool(size)
❑Attached(size) ❑Bazn(size)
fy�None ❑Shed(size)
❑Other(size)
Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑
Commercial ❑Yes &io If yes,site plan review#
Current Use Proposed Use
Builder Information
Name !L[h(p>l� Telephone Number
51 MAP ID: 106/// Bldg Name - at
�erty Location:22 MARION WAY U Print Date:07/14/2006 08:37
vision ID:7383 Account#62764 Bldg#: 1 of 1 Sec# 1 of 1 Card 1 of 1
Code A raised Value Assessed Value
ublic Water I aved Description pp 801
OUSER,KATHLEEN&EAGAR,Tti<1 evel S LAND 1010 190,600 203,900
eptic SIDNTL 1010 203,900. 203,900 006 Barnstable Data,M
2 MARION WAY
STERVILLE,MA 02655 4UPPLEMENTAL'DATA Additional Owners: Other ID: Pl Land Ctan Ref.
# 262/58
-fax Dist. __. 300
er.Prop. #SR ♦ ISION
Life Estate
DL I LOT 30 Notes:
DL 2 394,500 394,500
GIS ID: 7383 ASSOCPID# SASSESSMENTS`HISTORY
Total
BK;T!OL/PAGE• SALE DATE. /u.;vA SALE'PRICE;V C.
PREVIQU
REC012D or OWNERSHIP
OUSER,KATHLEEN&EAGAR,THOMAS F 11285/298 03/16/1998 Q I 63,000 IA Yr. Code Assessed Value Yr. Code Assessed Value Yr. Code Assessed Value
KIRK,MARY E 6990/056 12/15/1989 U 1 1 A 005 1010 169,700 004 1010 150,200 003 1010 42,200
RK,LA RYENCE M&MARY E 3130/283 Q 0 005 1010 183,900 004 1010 150,200 003 1010 142,200
Total 353.600 Total: 319,900 Total: 197,40
77
OTHER ASSESSMENTS - This signature acknowledges a visit by a Data Collector or Assessor
st n
EXEMPTIONS
Year T e es cri tion
Amount Code escri lion Number Amount Comm Int.
APPR 9ISED VALCIE SUMMARY
Appraised Bldg.Value(Card) 201,100
7777�1ASSESSINGNEIGHBQWIOOD; a'.,_ , Appraised XF(B)Value(Bldg)
2 800
BATCH .< Appraised OB(L)Value(Bldg) 0
NBHD/SUB NBHD NAME STREET INDEX NAME TRACING Appraised Land Value(Bldg) 190,600
0107/A 0
NOTES. Special Land Value
1 Total Appraised Parcel Value
Valuation Method: C
Adjustment: 0
et Total Appraised Parcel Value 394,500
..�,.
S,VI IT/-CHANGE HISTORY,
Date a IS ID Cd. Pur ose/Result
Permit ID Issue Dale a escri lion Amount Ins .Date %Comp. Date Com . Comments 10/15/1998 S. 00 eas/I fisted
30134 04/13/1998 WD Wood Deck 900 06/06/1999 100 01/01/1999 S ADD'N
B29358 05/01/1986 AD 15,000 01/15/1987 100 S 1 STOR
BB21570 f 08/01/1979 0 01/15/1980 100
%LAND<LINE":VALUATION SECTION,
P "
B Use Use Unit I Acre C. ST.
Price Factor S.A. Disc Factor Idx Ad'. Notes-Ad' S ecial PricingIA._.Unit Price Land Value
# Code Description Zone D Frontage Depth Units 190,600
1 1010 ingleFa►n MDL-01 RC 3 0.35.AC 170,000.00 2.29 5 0.0000 1.00 0107 1.40
kt
i Total Land Value: 190,600
Total Card Land Units: 0.35 AC Parcel Total Land Area: .35 AC
Property Location: 22 MARION WAY MAP ID:120/106/// Bldg Name: State Use:1010
Vision ID: 7383 Account#62764 Bldg#: 1 of 1 Sec#: 1 of 1 Card 1 of 1 Print Date:07/14/2006 08:37
CONSTRUCTIONDETAIL CONSTRUCTION DETAIL CONTINUED
r,
Element Cd. Ch.IDescription Element Cd. I Ch.IDescription
tyle 1 Ranch
Model l Residential Foundation 1 Poured Cone. DK 13
rade .. 0 Average... ..,.... . _ _ .. 0 1
tories 1 1 Story. Bath Split 30 3 Full DK 12
13 '
Occupancy :-:,';,MIXED.'USE 40
Exterior Wall 1 14 Wood Shingle Code Description Percentage 10 12 1 14. 14
Exterior Wail 2 11 Clapboard 1010 Single Fam MDL-01 100
20 ,
Roof Structure 03 able/Hip
Roof Cover 03 sph/F GIs/Cmp BAS
Interior Wall 1 05 Drywall BAS 0 BMT 2
Interior Wall 2 COSTIMARKET:VALUATION 18 2
Interior Fir 1 14 Carpet Adj.Base Rate: 00.08
14
Interior Fir 2 20 OP 1q
eat Fuel 2 Oil Replace Cost 218,575 14 14 �4 40
Heat Type 5 Hot Water. YB 1979
C Type 1 None EYB 1997
Total Bedrooms 4 4 Bedrooms Dep Code
Total Bthrms Remodel Rating
Total Half Baths Year Remodeled
Total Xtra Fixtrs Dep
Total Rooms 5 Rooms Functional Obslnc
Bath Style External Obslnc
[then Style Cost Trend Factor
Condition
/o Complete .
Overall%Cond 2
pprais Val Z01,100
ep%Ovr
ep Ovr Comment
isc Imp Ovr
isc Imp Ovr Comment
Cost to Cure Ovr
Cost to Cure Ovr Comment
OB OUTBUILDING& YARD ITEMS(L)'YXF B,C�ILDINGEfYTRfI FLATURES(B)
Code Description Sub Sub Descri t LIB Units Unit Price Yr Gde Do Rt Cnd %Cnd Wpr Value
PLl Fireplace B 1 3,000.00 1997 1 100 2,800
No Photo On Record.
,4 BUILDING, TION`A+.
Code Description Livinje Area Gross Area E .Area Unit Cost Unde rec. Value
AS First Floor 2,016 2,016 100.08
MTV Basement Area 0 1,320 10.01
OIY Open Porch 0 56 19.66
K Wood Deck 0 250 10.01
11 '
7`A n_....., r:..it........ A....... 7 nt 6 1 6d-)
nd lot number /oZ �:..� O��� ✓ j�'7f.
Ora swam
rmir number .L.l' '�c3L i �0 C0 � '
MUST BE
..............................................
%*M TITLE 5
oFYx Qf F' 2 p0E AN0
r
4
F BAR.I�I` °,�"� �TIONS >
' BUILDING' INSPECTOR
°y
APPLICATION FOR PERMIT TO ......
................................ ............
TYPE OF CONSTRUCTION ...........1Y.l.lLO... ........................................:........................pp...
.............ill ....I...........J 97./....
TO THE INSPECTOR OF BUILDINGS.
The undersigned hereby applies for a permit according to the following information:
.... .D. .......3.0.......... R�t./..Q. ...... R�..�.......................C/ ...........................
ProposedUse ............ �L!..f../!��/} ................................../....:..................^^... ...........�...............�...:....... ...................
Zoning District ...... .Cl..................................................Fire Districtf� .�
Name of Owner ..:.�.C'/.?'RC:/..��A.Y.........1.5f.Aj..CQi.....Address .l f. .,r. .........
Nameof Builder ..............'r.................................................Address ....................................................................................
Nameof Architect ..........:.......................................................Address .........................�.............../...�....................:...............
Number of Rooms ........... ........Foundation r..................
Exterior .........:.. .,[.,,1 ............................................Roofing ....10
........ ............. ...... ... .........................:...............
Floors .......... ......... ................................Interior ......�/7!. aC....................................... ...
Heating ....... ...... ...................Plumbing .......A..........................................................
..... ....
Fireplace ...... ........................................................Approximate Cost........�U.a `,.r..�2�..�x
Definitive Plan Approved by Planning Board _-19_. Area
Diagram of Lot and Building with Dimensions /O
Fee .................0 .............. ....... ,
SUBJECT TO APPROVAL OF BOARD OF HEALTH
I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable re rdin the above
construction. � �
Name .......... ..........
r
��.
No........�3� 4401/ Fss�..Q_Q•�
'^p THE COMMONWEALTH OF MASSACHUSETTS
Mvy , LOCO BOARD OF H A T
AvAratintt f.ar Disposal Work Ganstratiun Permit
t� Application is hereby made for a Permit to Construct or Repair ( ) an Individual Sewage Disposal
System at:
Tu
p ++Lor!an .AddrW. y A _
.... ♦ ..�..�� .A7.G.. LY2..�-A.-._.][_SLa.—._ _ o Lot N -
Imtaller Addrm Type of
T of BuildnPP Size Lot.._f.�.�-feet
Dwelling--/No. of Bedrooms_._.____----. .....Ex Ion Attic---- Expansion ( ) Garbage Grinder ((III}
Other-Type of Building ......._..._-_. No. of persons..__........_....._..... Showers ( ) Cafeteria (' )
Otherfixtures....lx �+.��...........-....._._-........................................_........_..._...............__.„_ ._....__
W Design Flow._-----.-..�.. L�„_...___...._..gallons per person per day. Total daily flow.........2-AC)_.._..._.._.
WSeptic Tank-Liquid'capacit/A-"'14O.'gallons Length........_......Width..........._...Diameter............ Depth.:..............
x Disposal Trench-No._...._.._._._ W' Total leaching area..._.. --sq.ft.
Ew`c'd4P 'otal.-. ..
Seepage Pit No_/ -t?'� idileld!^Qr..__ Total leaching area...-- _sq.ft.
Z Other Distribution box( ) Dosing tank( )
a~' Percolation Test Results Performed by...............................,........................ Dgrate... 1!�_.._.-..
Test Pit No. 1.„.._....._..minutes per inch Depth of Test Pit.._...._..._...Depth to ground water........................
W Test Pit No.2—..,.--..minutes per inch Depth of Test Pit..__._._.__...Depth to ground water.:.._.._._.__._..
VDescription of 01. •-•-___ -.. y-
x .-_................--.--ir-...-_...---.._..---._... ----_-_--....---..--_-.._--.-..-.:.............-----------------
---.._---------
--.._..___..........._..__ _...
U Nature of Repairs or Alterations-Answer when applicable.................:........_._......_...........................____....____......:
__... .__...._.:_...__.....--__ __._.....-.„..._.._ „........_..--._..__......................-._......_..............._....... __. ...
Agreement:
The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with
the provisions of TITLE 5 of the State Sanitary Code-The undersigned further agrees not to place the system in
operation until a Certificate of Compliance has been issued by the b dofoffhhealth. / q
Signed .. _..✓•-• -. - -• - �SJ'l S! f�_
Application Approved'By..._ __._._. _ _._...._._..........._.._____
Date
Application Disapproved for lowing reasons:.............._....__:.._...._... .__._.........._.............__._.............___.._...__
_........_-Permit No__� --•��. 5 .-_.7... .__----
` Date
Date -
THE COMMONWEALTH OF MASSACHUSETTS
BOARD OF HEALTH
............ OF..... 1.E:.1J.K:..IS.�..1: ..1. ... ..._. _.....
Tatifuate of ( nu'tpliwrr.
THIS LT.TO CERTI$Y.,That-the Individual Sewage Disposal System constructed 4--'j or Repaired ( )
has been installed in accordance with the provisions of T j�of The State Sanitary Code as described in the
__
application.for Disposal Works Construction Permit No- 1Z.J 3•!........_. .
THE ISSUANCE WHIS CERTIFICATE SHALL NOT BE CONSTRUED AS A GUARANTEE THAT THE
SYSTEM WILL FUNQTION•yy SATISFACTORY.
DATE....._.. Inspector...y�__�/j .f:..„,... .-----_._-----------
THE COMMONWEALTH OF MASSACHUSETTS
_. BOARD OF HEALTH
FEB._..
DisposgLEaks spa/ strurtja_n Permit
Permission is hereby granted... :`...c:.. P!: .:_!_.1-�- �`"
__ ...._._..............................................
>*%µ"to Construq ( --) or Repair ( ) an Individual Sewage Disposal System 7 ,
atNo.. ____ r -• y;- _ :. ._ ::r:. .............. ...............
as shown on the application fo isposal Works Construction P o . ._ .. � 7
Dated... "/B•.....................��....._.....
r
E
—.�•�7 Bmrd of�Fieal�
DATE. ...(...__........._.. ........... ..._......._..:._.__._...... �
_
FORM, 1255 NOBBB WARREN. INC.. PUBLISHERS - -
Al- 71?.
s
N6.............. FEB. 10.4.......
THE COMMONWEALTH OF MASSACHUSETTS
gyp(, BOARD OF H At....T
b
.c�.�...4�d..-... oF.......t. ..d.�-11: �... d.-- ....................
, a AvOration for Disposal Works Tnnitrnrtinn Vantit
Application is hereby made for a Permit to Construct or Repair ( ) an Indlvldual Sewage Disposal
System at I f
......_.. -.6 _._.... .® . .h-1.0. ---...�,sa. ..............�s fe F u.�.. ` l -.......
- . • ..
Lorati Add �` C
........_ ��..�"._..s:. ..ea. —l:!f .r�k......)! t •. ......--- �+' � -----��TAt N ' F--- -•!�s/!�! .5'
c / . -
a � }� �eP...........--••..................... � .F:S...a.112. A e IG.4's�
-- --------------------
Installer Address
UType of Buildin Size Lot..... . feet
.-� Dwelling lNo. of Bedrooms...... .................................Expansion Attic ( ) Garbage Grinder
a Other—Type T e of Building No. of persons............................ Showers
Rf YP g ---------------------------- -- ( ) — Cafeteria ( )
Otherfixtures ._..� ._......................... -----------------------------------------------------------•----=-----------
W Design Flow............. ......__..........gallons per person per day. Total daily flow---- ..............:;..,.gallons.
WSeptic Tank—Liquid capacit/0-0_..gallons Length................ Width................ Diameter................ Depth................
x Disposal Trench—N D.._.... W' h................... otall th.................... Total leaching area.....................sq. ft.
Seepage Pit No...._. iMety^�. Total leachingarea....Z . s ft.
Z Other Distribution box ( ) Dosing tank ( )
~' Percolation Test Results Performed by.......................................................................... Date... _>: >.
Test Pit No. 1................minutes per inch Depth of Test Pit.................... Depth to ground water........................
(i Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth to ground water........................
� �•-----•--• ---------------------J°
Description of o'•-----• / — 4 =•fZ -. �'z
x
w
U Nature of Repairs or Alterations—Answer when applicable...................:............................................................................
--•-----------•-----••••-•-•--••------•---------•-•-----------•••--••.......--•-----•-•-....•-••----------------•-••-----•--••-••-•-----•-••----•••••----••---•••-•-•••••--•-•-••••............----.--•-
Agreement:
The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with
the provisions of TITIE 5 of the State Sanitary Code—The undersigned further agrees not to place the system in
p p y he bo d of health.
operation until a Certificate o Compliance
been b t ....-� - - --•-----•--- ••. Ara
ApplicationApproved By------ ---................................................. ..................... ........................................
Date
Application Disapproved for llowing reasons:--•-------------------------------------------------------------------------------------------------------•-•---
, ....-kk-------------------------- -------------------------------------------------------------- -----Date""'**...
17
4
Permit No------------- ----- -•-----------------_-.------ Issued..-•-- --
Date
THE COMMONWEALTH OF MASSACHUSETTS
BOARD OF HEALTH
(I ,, I AJ F.....B,i... b...../,cL_
........... ..................... .....................................
Application is hereby made for a Permit to Construct Z(.- ) or Repair an Individual Sewage Disposal
System at-
Installer Address 41,
Dwelling Garbage Grinder fiv)
Z Other Distribution box Dosing tank
The undersigned agries toinstall the aforedescribed Individual Sewage Disposal System in accordance with
the provisions of T I T ILE 5 of the State Sanitary Code—The undersigned furtheragrees not to place the system in
operation until a Certificate of Compliance has been issued by the board of health
Date
Date
Application Disapproved
for the following reasons:................................................................................................................
_____
Date
Permit No Date
� .�
�
THE COMMONWEALTH OF MASSACHUSETTS
BOARD OF HEALTH
.....................................0 F...7:� ....... .........................................
THL�_IS That-the-Individual Sewage Disposal System constructed 4--ror Repaired
TO CERTIFY
I taller
he State Sanitary Code as described in the
has'be'en*'in'stalled-'in"a'ccor'da'nce"with-,the-,provi'sions-,o-f
application for Disposal Works Construction Permit No._6....... 1,,__......
THE ISSUANCE q..RjHIS CERTIFICATE SHALL NOT BE CONSTRUED AS A GUARANTEE THAT THE
SYSTEM WILL FUNCTION SATISFACTORY.
THE COMMONWEALTH OF MASSACHUSETTS
BOARD OF HEALTH
Permission is hereby granted..-..
C6nstruqt4(---)' or Repair an.Individual Sewage Disposal System
Wi�t7—AN9�ol 1,
as shown on the application for isposal Works Construction P ................... ............
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50
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