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0330 WEST BAY ROAD - Health (3)
_ 1 WEST BAY RD. ,OSTERVILLE A— � t� d o a 1 f '-g j C C i i Number Fee 138 THE COMMONWEALTH OF MASSACHUSETTS 1oo.00 ,., Town of Barnstable Board of Health This is to Certify that Crosby Yacht Yard 72 Crosby Circle, Osterville, MA Is Hereby Granted a License FOR: STORING OR HANDLING 111 GALLONS OR MORE OF HAZARDOUS MATERIALS. ------------------------------------------------ ---------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------------ This license is granted in conformity with the Statutes and ordinances relating there to, and and expires 6/30/2015 unless sooner suspended or revoked. ---------------------------------------- WAYNE MILLER,M.D.,CHAIRMAN PAUL J.CANNIFF,D.M.D. 6/30/2014 JUNICHI SAWAYANAGI THOMAS A.MCKEAN, R.S.,CHO Director of Public Health y S Town of Barnstable Regulatory Services ti Richard V. Scali, Director BARNSTAMASS. ' Public Health Division 9� 1639. i°rfo �a Thomas McKean, Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 Application Fee: $100.00 ASSESSORS MAP AND PARCEL NO. I O DATE 0 I`1 APPLICATION FOR PERMIT TO STORE AND/OR UTILIZE MORE THAN 111 GALLONS. OF HAZARDOUS MATERIALS FULL NAME OF APPLICANT NS Aeni NAME OF ESTABLISHMENT o ADDRESS OF ESTABLISHMENT l TELEPHONE NUMBER C 0S 1 , 0 ' 6W SOLE OWNER: YES NO IF APPLICANT IS A PARTNERSHIP,FULL.NAME AND HOME ADDRESS OF ALL PARTNERS: 0 zx IF APPLICANT IS A CORPORATION: FEDERAL IDENTIFICATION NO. b rn 4��4 STATE OF INCORPORATION a ��S(kC(�l U AJ0_ S FULL NAME AND HOME ADDRESS OF:, PRESIDENT k r TREASURER CLERK SIGNATU APPLICANT RESTRICTIONS: HOME.ADDRESS HOME TELEPHONE# Q:1AppGcation Forms\HAZAPP.DOC. r , MAIL-IN REQUESTS Please mail the completed application form to the address below. Also include a copy of your contingency plan (to handle hazardous waste spills, etc). In addition, please include the required fee of$100. Make check payable to: Town of Barnstable. Allow five to seven (7) working days for in- house processing. Our mailing address is: Town of Barnstable = Public Health Division 200 Main Street Hyannis,MA.02601 FOR FAXED REQUESTS Our fax number is (508) 790-6304. Please fax a completed application form. Also, please fax us a copy of your contingency plan (to handle hazardous waste spills,,etc). In addition, please mail the required fee amount of$100.00. Please make the check payable to: Town of Barnstable. The check must be mailed to the address listed above. Allow up to four days for in-house processing. For further assistance on any item above, call(508) 862-4644. Back to Main Public Health Division Page Q:\Application FormsTIAZAPP.DOC J. EMERGENCY RESPONSE AND NOTIFICATION CROSBY YACHT YARD 72 Crosby Lane Osterville, MA 02655 508-428-6958 - The Emergency Coordinator for Crosby Yacht Yard is: Greg Egan Off Hours Telephone# 508-428-7068 The alternate emergency coordinator is: Bill Pasik Off Hours,Telephone# 508-295-1975 house 508-737-0009 cell DEP (Southeast Regional Office) 508-946-2700 DEP (24 hr Spill Reporting) 888-304-1133 Mass State Police 508-398-2323 Local Police 911 Local Fire Dept. 911 Local Ambulance 911 Medical Center Cape Cod Hospital 508-862-5296 27 Park Street Hyannis, MA 02601 NATIONAL Response Center 800-424-8802 EMERGENCY RESPONDERS/TRANSPORTERS: Clean Harbors 800-OIL-TANK (800-64b-8265) or 781-849-1800 Cyn Environmental 800-899-1038 When reporting a spill to DEP, the following information must be provided. A. Location &time of release B. Material released' C. Amount released D. Impact of spill on catch basins, homes,water bodies, etc. E. Actions taken by FD, DPW(contained with absorbent or sand, evacuated building, etc.) F. Name of Responsible Party, address, &telephone number Attachment 3 EMERGENCY RESPONSE FLOWCHART 4 - i r Attachment 4 EMERGENCY RESPONSE FLOW CHART Notice Received by Emergency Coordinator Size Up --' Situation Notify Outside. Notify On-Site Notify Clean-Up Agencies !,Personnel Contractors 'Direct Personnel to w Respond a Assess. Assess Casualties .Hazards W Stabilize to 1/fcflms , IF Z ® Remove Decontaminate CL Victims Victims W Evacuate Evacuate Contain Extinguish 1.Employees Residents Hazard F Hazard Transportfrreat Victims a � Clean-Up, Replace Damaged Equipment 0 Post Evaluation & , U. Documentation Attachment 4A r NOTIFICATION PRIORITIES Incident -Re porting Source IF Emergency Coordinator Ambulance ance Police Fire or,Alternate Employees ' 11 • ®EP Emergency National Response Center 24 hre Spill Reporting Response 800-424-8802 888-304-1133 Contractors MA Note: Telephone numbers for emergency .response and notification are provided in Attachment 3. Attachment 413 Number Fee -.138 THE COMMONWEALTH OF MASSACHUSETTS $100.00 Town of Barnstable Board of Health This is to Certify that Crosby Yacht Yard 72 Crosby Circle, Osterville,MA 02655 Is Hereby Granted a License FOR: STORING OR HANDLING 111 GALLONS OR MORE OF HAZARDOUS MATERIALS. ----------------- -------------------------------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------------------------------------- -------- This license is granted in conformity with the Statutes and ordinances relating there to,and and expires 6/30/2012 unless sooner suspended or revoked. ---------------------------------------- WAYNE MILLER,M.D.,CHAIRMAN PAUL J..CANNIFF,D.M.D. 6/30/2011 JUNICHI SAWAYANAGI THOMAS A.MCKEAN,R.S.,CHO Director of Public Health • r - , T- -'° Town of Barnstable 0. 06 011 C I CPZq (2, ~" Regulatory Services ti Thomas F. Geiler,Director '" KJAMn ' Public Health Division 039. ATEo �°i Thomas McKean,Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-110-6304 gpplication fe ASSESSORS MAP AND PARCEL NO. CAI DATE APPLICATION FOR PERMIT TO STORE AND/OR UTILIZE MORE THAN 111 GALLONS OF HAZARDOUS MATERIALS. FULL NAME OF APPLICANT CA s 1 NA OF ESTABLISHMENT CJ�. ME ADDRESS OF ESTABLISHMENT TELEPHONE NUMBER ( �`,� �- C��yAou . SOLE OWNERA_�YES NO IF APPLICANT IS A PARTNERSHIP,FULL NAME AND HOME ADDRESS OF ALL . PARTNERS: Z,d IF APPLICANT IS A CORPORATION: FEDERAL IDENTIFICATION NO. STATE OF INCORPORATIONl� CC� S� S r" FULL NAME AND HOME ADDRESS OF: PRESIDENT C TREASURER CLERK Ir i A APP I"T �zv RESTRICTIONS: HOME ADDRESS HOME TELEPHONE# xaz.aoc/wpiq EMERGENCY RESPONSE AND NOTIFICATION ;:. CROSBY YACHT YARD 72 Crosby Lane Osterville, MA 02656 508-428-6968 The Emergency Coordinator'for Crosby Yacht Yard is: Greg Egan 508-428-7068 Off Hours Telephone# _ The alternate emergency coordinator is: Bill Pasik Off Hours Telephone# 608-295-1975 house 508-737-0009 cell 508-946-2700 DEP (Southeast Regional Office),. 888_304-1133 DEP (24 hr Spill Reporting), Mass State Police 508-398-2323 Local Police 911 Local Fire Dept. 911 Local Ambulance 911 Medical Center 508-862-5296 Cape Cod Hospital 27 Park Street Hyannis, MA 02601 NATIONAL Response Center 800-424-8802 i EMERGENCY RESPON'D.ERS/TRANSPORTERS: 800-OIL-TANK (800-645-8265) Clean Harbors , or 781-849-1800 `Cyn Environmental 800-899-1038 When reporting a spill to DEP, the following information must be provided: A. Location&time of release B.. Material released C. Amount released D. Impact of spill on catch basins, homes,water bodies, etc. E. Actions'taken by FD, DPW(contained with absorbent or sand, evacuated building,`etc.) F. Name of.Responsible Party, address, &telephone number Attachment 3 +s�_1 - .- tv E GENCY, RESPONSE. FLOWCHART d Attachment 4 EMERGENCY RESPONSE FLOW CHART . b Received. Nonce Re y Emergency Coordinator Size-Up Situation Notify Outside Notify On-Site Notify Clean-Up ® Agencies Personnel Contractors r OC Direct Personnel to w Respond a .: . . Assess ssess Casualties Hazards co � , : Stabilize Victim . Z ' ® Remove Decontaminate CL Victims Victims Evacuate Evacuate inguish Employees Residents (HE azard. Transport/Treat Victims " Clean-Up, Replace Damaged Equipment 3 J Post Evaluation & Documentation Attachment 4A N ®TIFLC AT I ® N i R I ® R I T I E S } Incident Reporting Source R rEmergency Coordinator Ponce, Fire. + ; or Alternate Employees Ambulance ;. 11 DEP Emergency National Response Center 24°'hr. Spill Repotting Response 800-424-8802 J, 888-304-1133 Contractors Note: Telephone numbers for emergency response and notification are provided in Attachment '3. Attachment 4B Number Fee 138 THE COMMONWEALTH OF MASSACHUSETTS $100.00 Town of Barnstable Board of Health This is to Certify that Crosby Yacht Yard o�Ub - —-- --— 72 Crosby Circle, Osterville,MA 02655 _A- --- ---- Is Hereby Granted a License FOR: STORING OR HANDLING 111 GALLONS OR MORE OF HAZARDOUS MATERIALS. -------- --------------------------- -------------------------------- ---------------------------------------------------------------------------------------- This license is granted in conformity with the Statutes and ordinances relating there to, and and expires June 30, 2009 unless sooner suspended or revoked. - -- ------------------------------------- WAYNE MILLER,M.D.,CHAIRMAN PAUL J.CANNIFF,D.M.D. 07101/08 JUNICHI SAWAYANAGI THOMAS A.MCKEAN,R.S.,CHO Director of Public Health rrw C.. Town of Barnstable '-` Barnstable Re ulator Services De artment WmaicaMv Public Health DivisionnARNmBm 639. �� 200 Main Street,Hyannis MA 02601 2007 Office: 508-862-4644 Thomas F.Geiler,Director FAX: 508-790-6304 Thomas A.McKean,CHO ` • Application Fee: $100.00 ASSESSORS MAP AND PARCEL NO. DATE r\-" APPLICATION FOR PERMIT TO STORE AND/OR UTILIZE- MORE THAN 111 GALLONS OF HAZARDOUS.MATERIALS FULL NAME OF APPLICANT NAME OF ESTABLISHMENT c�aN �If'(-I+T ADDRESS OF ESTABLISHMENT �OL2a. f a_ O TER/)U - � 01k. TELEPHONE'NUMBER Oda — .SOLE OWNER: X YES NO Sm S' IF APPLICANT IS A PARTNERSHIP,FULL NAME AND HOME ADDRESS Sri ALL � ,PARTNERS: �• N V t7d , � rn IF APPLICANT IS A CORPORATION' FEDERAL IDENTIFICATION NO.o�j a,.LIC b STATE OF INCORPORATION FULL NAME AND HOME ADDRESS OF: PRESIDENT (L{ TREASURER CLERK. SIGNATURE OF APPLICANT RESTRICTIONS: HOME ADDRESS HOME TELEPHONE# Q:\Hazmat\Haz Mat Application2008.DOC Horsley y Witten Group Sustainable Environmental Solutions 90 Route 6A • Sandwich, MA 02563 Phone-508-833-6600 Fax-508-833-3150 www.Korsleywitten.com December 15, 2004 Mr. Richard Packard Department.of Environmental Protection Southeast Region 20 Riverside Drive w� Lakeville, MA 02347 t Re: Class A-2 Response Action Outcome Report : . Crosby Yacht Yard 72-Crosby-Circle Osterville,Massachusetts02655 t� RTN 4-18147 Dear Mr. Packard: The Horsley Witten Group (HW) has prepared the attached Response Action Outcome (RAO-P) report and supporting documentation on behalf of Mr. Richard Egan,owner of Crosby Yacht Yard. The applicable Massachusetts Department of Environmental Protection (DEP) Bureau of Waste Site Cleanup forms are'included as attachments and as Appendix A. The threat of release of oil.and/or hazardous materials at the Crosby,.Yacht Yard was orally reported to the Massachusetts Department of Environmental Protection (DEP) on December 11, 2003,at 9:00 am. During the.evening of December 10, 2003, a fire occurred at the Crosby Yacht Yard and,the neighboring Oyster'Harbors Marine Yard, which is located at 122 Bridge Street, Osterville, Massachusetts. On January 6, 2004, DEP issued separate.Notices of Responsibility (NORs) under.one Release Tracking Number(4-18147) to the owners of the Crosby Yacht Yard and Oyster Harbors Marine,'a boatyard located on an adjacent parcel. This RAO is only applicable for the Crosby Yacht Yard property owned by Mr. Egan as depicted on Figure 2,of the attached report. ENSR, Inc. submitted a RAO statement for the Oyster Harbors property to DEP dated August 2004. The level of oil and/or hazardous.materials (OHM) has been reduced to background conditions at the portion of the site located where the fire and possible release of OHM occurred. The only area where OHM appears to be present at concentrations greater than background is in the sediment located immediately adjacent to the location-of the fire. Sandwich Boston Providence Smart Growth • Integrated Water Management • Wastewater Management Stormwater Management Civil&Environmental Engineering Wetlands Assessment Hydrogeology 8 Water Supply Coastal Management Site Assessment&Remediation • Land Use Planning - Graphic Services• Education&Outreach Mr. Richard Packard December'16, 2004 Page 2 A portion of this sediment has been removed. However, as discussed in thexeport, the concentrations of OHM in the remaining sediment are.similar to those in other areas of the channel,.and thus are considered local conditions. If you have any questions-please contact us at (508) 833-6600. Sincerely, HORSLEY WITTEN GROUP Joseph E. o Mark Nelson,.LSP Senior E nmental ngineer Principal .JEL.jea Enclosures cc: Mr. Richard Egan Barnstable Chief Municipal Officer.(cover letter only) Barnstable Board of Health (cover letter only) r J:\3163.Crosby Boat Yard\RAO\dep cover letter.doc Horsley WIlttep Group Sustainable Environmental Solutions Saad, Dale From: Gatewood, Rob Sent: Wednesday, April 21, 2004 2:14 PM To: Saad, Dale Subject: FW: Shellfish tissue laboratory results Dale, You probably have this... -----Original Message----- From: Marcotti,Tom Sent: Wednesday, April 21, 2004 1:59 PM To: Jacobson, John; Gatewood, Rob Subject: FW: Shellfish tissue laboratory results Passing on this information. -----Original Message----- t From: Marcotti,Tom Sent: Friday, April 16, 2004 4:05 PM To: Horn, Dan; Kalweit, Doug Cc: Neil Churchill (Neil.Churchill@state.ma.us); Saad, Dale Subject: FW: Shellfish tissue laboratory results. I talked to Joe Longo on Friday afternoon and he said that determinations regarding the human consumption of shellfish, based on the data recently generated and included in his e-mail, is primarily in the hands of the Ma. Department of Public Health. -----Original Message----- From: Joe Longo [mailto:jlongo@horsleywitten.com] Sent: Wednesday, April 14, 2004 4:28 PM To: Marcotti,Tom; Packard, Richard (DEP); Whiteside, Michael (DEP); Krueger, Elaine (DPH); Hickey, Michael (FWE) Cc: Gregory R. Egan Subject: Shellfish tissue laboratory results Hello All, Attached please find the laboratory results from the sampling conducted in shellfish beds located north and south of the Crosby Yacht Yard. I have also attached the site plan indicating the sample locations. Please contact myself or Mark Nelson with any questions. . ` Thank you, Joe Joseph E. Longo Senior Project Manager Horsley Witten Group 90 Route 6A Sandwich, Massachusetts 02563 . p: 508-833-6600 f: 508-833-3150 jlongo@horsleywitten.com www.horsleywitten.com Page 1 of 1 r Marcotti, Tom ` ,n: Joe Longo Ulongo@horsleywitten.com] Sent: Tuesday, March 23, 2004 5:47 PM To: Hickey, Michael (FWE); Krueger, Elaine (DPH);Whiteside, Michael (DEP); Packard, Richard (DEP); Marcotti, Cc: Nick Corso; Gregory R. Egan; Mark Nelson Subject: Shellfish sampling Hello All, On Monday, March 22, 2004, Horsley Witten received IRA approval from DEP to sample shellfish near the Crosby Yacht Yard. We collected 3 samples today, and plan to collect the other 4 tomorrow. We will submit these samples tomorrow to the Woods Hole Group Laboratory for the approved analysis and should have results in 10 business days ,(3{ 4/). We will forward any results to your attention as soon as they become available. Thank you, Joe Joseph E. Longo Senior Project Manager Horsley Witten Group 90 Route 6A Sandwich, Massachusetts 02563 p: 508-833-6600 f -M-833-3150 .,go@horsleywitten.com www.horsleywitten.com 3/24/2004 Number Fee 138 THE COMMONWEALTH OF MASSACHUSETTS $loo.00 Town of Barnstable Board of Health This is to.Certify.that Crosby Yacht Yard 72 Crosby Circle, MA 02655 Is Hereby Granted a License FOR: STORING OR HANDLING 111 GALLONS.OR MORE OF HAZARDOUS. MATERIALS. ------------------------------------------------------------=------------------------------------------------------------------------------------------------------ This license is granted in conformity with the Statutes and ordinances relating there to, and and expires June 30,.2008 unless sooner suspended or revoked. -------------------------- ------------- WAYNE MILLER,M.D.,CHAIRMAN SUMNER KAUFMAN,M.S.P.H. 7/1/2007 PAUL J. CANNIFF,D.M.D. THOMAS A.MCKEAN,R.S.,CHO Director of Public Health Town of Barnstable Regulatory Services D Q Thomas F. Geiler,Director Public Health Division �7-6 'b =s39, 01 '0rearnr,� Thomas McKean,Director 200 Main Street,.Hyannis,MA 02601 x - Office: 508-8624644 Fax: 508-790-6304 Application Fee: $100.00 ASSESSORS MAP AND PARCEL NO. Q r O 13 DATE APPLICATION FOR PERMIT TO STORE AND/OR UTILIZE MORE THAN 111 GALLONS OF HAZARDOUS MATERIALS FULL NAME OF APPLICANT C 11A NAME OF ESTABLISHMENT ADDRESS OF ESTABLISHMENT 6\4 TELEPHONE NUMBER= b� �'�a� " �A 0D SOLE OWNER: /YES ~ NO - IF APPLICANT IS A PARTNERSHIP,FULL NAME AND HOME ADDRESS OF ALL PARTNERS: IF APPLICANT IS A CORPORATION: FEDERAL IDENTIFICATION NO. 04a415 6 +S STATE OF INCORPORATION �VlctS SO�C�RtJI c�2 FULL NAME AND HOME ADDRESS OF: PRESIDENT TREASURER CLERK � .. . �y s _ ` F,. SIG APPLICANT RESTRICTIONS: HOME ADDRESS`` HOME TELEPHONE# 77 pASSt Date: Igo` /��3 TOWN OF BARNSTABLE 7 TOXIC AND HAZARDOUS MATERIALS ON-SITE INVENTORY NAME OF BUSINESS: 6y° w C r VAe,6 BUSINESS LOCATION: Z—t (�D 31 y INVENTORY MAILING ADDRESS: As A-60YE TOTAL AMOUNT: TELEPHONE NUMBER:" �Z�^(o�1dd y V aku-c J3 CONTACT PERSON: R' Q-Al kN� 111>O cAl�>S EMERGENCY CONTACT TELEPHONE NUMBER:(39f-C, &6A-7 MSDS ON SITE? TYPE OF BUSINESS: RAXIAIA *AJ6 XACjo/)r YARb yE� INFORMATION/RECOMMENDATIONS: S-E &ZaC-MCC NAhi)1T10,UA0 Fire District: 1-A-;XA Ah e u.s Act- ZM A-LS /N S PE- Okj AJ 0 TES" Waste :/46_#7/VAr-A6000 YY ULast shipment of hazardous waste: Name of Hauler: S,-)'-_En LtQJ Destination:.S&F-gli fix, Waste Product:41scA Die.. u/ASrEa148u.S718LE Licensed? 6�_' No L/Qu/6s' k�//�ST�L!oRRG�siV�t/�uiDs, WAST><P�f/NT W/iSrE Sara®S CoargiNi�/G��q,c�iaz.�¢Bi NOTE: Under the provisions of Ch. 111, Section 31, of the General Laws of MA, hazardous materials use, storage and disposal of 111 gallons or more a month requires a license from the Public Health Division, LIST OF TOXIC AND HAZARDOUS MATERIALS The Board of Health and the Public Health Division have determined that the following products exhibit toxic or hazardous characteristics and must be registered regardless of volume. Observed/Maximum Observed/Maximum S Antifreeze (for gasoline or coolant systems) Misc. Corrosive V NEW _ . USED Cesspool cleaners Automatic transmission fluid Disinfectants Engine and radiator flushes Road Salts (Halite) Hydraulic fluid (including brake fluid) Refrigerants 3 Motor Oils Pesticides 136 NEW 13fUSED (insecticides, herbicides, rodenticides) 0�b Gasoline, Jet fuel, Aviation gas Photochemicals (Fixers) 6406e9 Diesel Fuel, kerosene, #2 heating oil NEW USED Misc. petroleum products: grease, Photochemicals (Developer) lubricants, gear oil &Ne /a0 P0U-"S NEW USED Degreasers for engines and metal Printing ink Degreasers for driveways &garages Wood preservatives (creosote) Caulk/Grout Swimming pool chlorine 94/ �370 8A/ rES Battery acid (electrolyte)/Batteries . Lye or caustic soda Rustproofers T Misc. Combustible Car wash detergents Leather dyes Car waxes and polishes Fertilizers Asphalt & roofing tar PCB's Paints, varnishes, stains, dyes kA-77 Uu'u� Other chlorinated hydrocarbons, PA-IAJ 15 Lacquer thinners (inc. carbon tetrachloride) NEW USED y =Any.other products with Paint Paint &varnish removers, deglossers (including chloroform, formaldehyde, Misc. Flammables hydrochloric acid, other acids) Floor&furniture strippers Other products not listed which you feel Metal polishes may be toxic or hazardous (please list): 3 Laundry soil & stain removers (70 ,30 6411;tOg/ k&sr- f*IAJ AgM.&S /,4l 77VE (including bleach) Spot removers & cleaning fluids (/) S-S- 64-tLc,J b Wj Wksfz bl&, 2_ (dry cleaners) 6) SS 6A-t-",t1 b�,c( o/ C? 43 )C/zrjws Other cleaning solvents Cl S5 44-WAJ gA�a K oF' ©/Lr1LrznB Bug and tar removers &IFIA14 o/5 Windshield wash WHI tCOPYHEALTH DEPARTMENT/CANARY COPY-BUSINESS ADDITIONAL HAZARDOUS MATERIALS INSPECTION NOTES July 28 and 30, 2009 Crosby Yacht Yard, Inc. 72 Crosby Circle Osterville, MA Cynthia Martin, BPHD Gregg Egan, Owner William Pasik, Parts Manager/Health and Safety Manager Joseph Hunt, Safety Advisor There are several hazardous materials storage areas at the yacht yard; the following list describes the majority of those areas. The Hazardous Waste Storage Shed contains several fifty-five gallon drums of various hazardous wastes. It is constructed of wood but has a steel lined cement containment area under the drums. The Shed was labeled correctly; the containers in the shed should also be labeled with the words "Hazardous Waste", the type of waste and the associated hazard (i.e. ignitable, corrosive, reactive or toxic): The Tug Shop houses a Flammables Cabinet. ' The Big Shed houses a satellite hazardous waste accumulation area, four flammables cabinets (forty-five gallon capacity each) and various work stations. The fifty-five gallon drum of waste diesel fuel is to be labeled appropriately: The Paint Locker, a small wooden structure, houses`various paints, thinners'and miscellaneous cleaners. The Battery Shed is used for the storage of boat batteries. Attached to the shed is a storage compartment for engine oil to be sold in the Parts Department. The oil is packaged in plastic, one gallon and one quart containers. The Oil Shed houses new oil, grease and hydraulic fluids in plastic one and five gallon containers. An additional wooden structure labeled"Propane" houses several cylinders of propane and up to thirty-one, plastic, gasoline tanks. These gasoline tanks are of various sizes, typically five to six gallon capacity, and contained residual amounts to one or two gallons. These tanks are stored for the boat owners. An eight-_thousand gallon underground storage tank is on site, it is divided equally for gasoline and diesel storage..There are three fuel pumps on site; one is located near the i - 2of2 - Parts Department Building, and two are located at the end of the dock. There is a Boom (Spill) Kit at the end of the dock. The Parts Department stores various hazardous material in the form of retail sized containers and spray cans. Other information of note is as follows: Absorbent material is available on site in the form of Speedy Dry, absorbent pads, and a Boom Kit. The fire extinguishers service dates were current. An eye wash station was available and inspected on June 18, 2009 Floor drains were not observed, the facility is on its own septic system. The eight-thousand gallon underground gasoline/diesel storage tank has been tested. Avoid storing Norox MEKP 925 with flammable or combustible materials. It was noticed that this product was being stored in a Flammables Cabinet in the Tug Shop. Attention should be given to the proper storage requirements and compatibility of all materials. I cnosBy YAC11T CROSBY YACHT YARD, INC. 72 CROSBY CIRCLE OSTERVILLE (CAPE COD) MASSACHUSETTS 02655-2087 July 8, 2004 508/428-6900 FAX 508/428-0323 Town of Barnstable 1 Tom Perry, Building Commissioner RE: Site Plan Review meeting June 30, 2004 Dear Mr. Perry: During the presentation regarding the construction of the new building at.41 Cockachoisett Lane, Osterville, it was stated that the new facility would be used for"boat storage only This is not the case as it is our plan to use the new facility just as we have in the past. Storage, repairs and some mechanical work. The exception would be spray painting which we do not plan to do. If in the future we reconsider, we will work with the Town departments to design and build an acceptable spray environment. We have always had minimal quantities of hazardous material at this location and will continue this policy. We wanted to clarify this for the record and thank the committee for your support during our rebuilding project. V y, B. Egan President Cc: Board of Health C-O-MM Fire Dept. CUSTOM BUILDERS: TUGS - STRIPER - HAWK - CANYON 30 - WIANNO SENIOR ESTABLISHED 1850 MEMBER COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE 20 Riverside Drive, Lakeville, MA 02347 (508) 946-2700 MITT ROMNEY Governor ELLEN ROY HERZFELDER Secretary KERRY HEALEY ROBERT W.GOLLEDGE,Jr. Lieutenant Governor Commissioner March 19, 2004 Richard Egan, Owner RE: BARNSTABLE-BWSC Crosby Yacht Yard 72 Crosby Circle, Osterville 72 Crosby Circle RTN 4-18147 Osterville, Massachusetts 02655 IRA PLAN APPROVAL Dear Mr. Egan: On February 9, 2004 and March 3, 2004, the Massachusetts Department of Environmental Protection, Bureau of Waste Site Cleanup (the Department), received an Immediate Response Action (IRA) Plan and IRA Modification Plan (IRA-Mod) for the above referenced site in response to a fire that occurred on the site. The purpose of the IRA Plan/IRA- Mod is to determine if a release of oil and/or hazardous materials (OHM) impacted potential receptors on and adjacent to the site. The potential receptors include the following: soil, groundwater surface water, sediment and shellfish. Horsley & Witten, Inc submitted the IRA Plan/IRA-Mod on your behalf. IRA PLAN The IRA Plan that was received by the Department included the following: 1. Sampling and monitoring plan to evaluate impacts from releases of OHM caused by the fire to soils, groundwater surface water, sediment and shellfish. 2. A detailed site history, including, but not limited to historic uses, possible present and past sources of OHM contamination including but not limited to boat building, repair and maintenance activities, storage of paints, resins, lacquer thinners or waste material in tanks, drums or small containers. 3. A site plan identifying all proposed monitoring wells as required by the Notice of Responsibility and sampling locations and locations of storage and use of OHM. 4. A description of the response actions that were verbally approved and completed or ongoing to address the initial containment and removal actions. This information is available in alternate format.Call Debra Doherty,ADA Coordinator at 617-292-5565.TDD Service-1-800-298-2207. DEP on the World Wide Web: http://www.mass.gov/dep 1r"a Printed on Recycled Paper f r BARNSTABLE-BWSC RTN 4-18147 Page 2 of 3 Ira Plan Approval 5. A schedule for the implementation of assessment and response actions associated with this site. IRA PLAN/IRA-MOD APPROVALS The following items of the IRA Plan/IRA-Mod have been orally approved: 1. The installation of at least three (3) groundwater monitoring wells. 2. Collection of unfiltered surface water samples. 3. Collection of soil and sediment samples for metals analysis that will be expanded to include analysis for Tin and Copper. 4. The treatment/stabilization of lead contaminated soil and ash on site and the proper disposal of treated material. The Department, following review and consultation with the Division of Marine Fisheries, the Department of Public Health and representatives of Horsley and Whitten hereby approves the remaining proposed activities in both submittals with the following conditions: 1. A minimum of two (2) additional sediment samples shall be collected further north and south of the site from the proposed first round of sediment samples taken immediately adjacent to the site. 2. The location of proposed shellfish samples to be collected shall be changed as follows: The two (2) proposed shellfish samples to be collected from beds North and South of the site shall be spread out in the following manner; One (1) sample shall be taken as proposed from the North and South beds and one (1) shall be taken across the channel from the North and South beds in the Easterly direction as indicated on the revise Figure 4 as submitted by Horsley and Whitten. The one (1) proposed background sample described, as being located "a significant distance away" shall be increased to the three (3) samples located as indicated on the revised Figure 4. as submitted by Horsley and Whitten. 3. The proposed shellfish analysis of EPH including target analytes by EPA Method 8100 shall be changed to analysis for alkylated polyaromatic hydrocarbons by GC/MS-SIM. Upon evaluation of the data generated as part of the IRA Plan/IRA-Mod, a determination will be made as to the need for additional IRA activities including further assessment and appropriate remedial actions. Please be advised that the deadlines established by the Department in this letter constitute Interim Deadlines pursuant to 310 CMR 40.0167. BARNSTABLE-BWSC RTN 4-18147 Page 3 of 3 Ira Plan Approval If you have any questions regarding this approval or any of your requirements under M.G.L. Chapter 21E and the Massachusetts Contingency Plan, please contact Michael Whiteside at(508) 946-2704. The Department appreciates your anticipated cooperation in this matter. Very truly yours, This final doeumeut copy is bcbg prosided to you electronieally by the Department of Environmcntat ProteetiOL A s pned eopy of ft docament Is oo file at the M oTa listed on the letterhead Richard F. Packard, Chief Emergency Response/Release Notification Section P/MCW/re Crosby-IRA Approval ec: Barnstable Board of Health,Donna Z.Miorandi,Health Inspector donna.miorandi@town.barnstable.ma.us Division of Marine Fisheries Michael Hickey 50A Portside Drive Pocasset,MA 02559 michael.hickey@MassMail.State.MA.US Department of Public Health,Elaine Krueger elaine.krueger@dph.state.ma.us Barnstable Department of Natural Resources, Tom Marcotti Tom.Marcotti@town.barnstable.ma.us Horsley&Witten,Inc. Sextant Hill 90 Route 6A Sandwich,MA 02563 mnelson@horsleywitten.com fc: Fire Department ATTN: Chief Farrington Fax: 508-362-8444 �\ COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE 20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-946-2700 MITT ROMNEY ELLEN ROY HERZFELDER Governor Secretary KERRY HEALEY ROBERT W.GOLLEDGE,Jr. Lieutenant Governor Commissioner URGENT LEGAL MATTER: PROMPT ACTION NECESSARY CERTIFIED MAIL January 6,2004 Crosby Yacht Yard,Inc. RE: BARNSTABLE-BWSC Richard Egan 72 Crosby Circle 72 Crosby Circle RTN#4-18147 Osterville,MA 02655 NOTICE OF RESPONSIBILITY M.G.L. c. 21E,310 CMR 40.0000 ATTENTION:Mr.Richard Egan On December 11, 2003 at 9:00 AM the Department of Environmental Protection (the "Department")received oral notification of a release and/or threat of release of oil and/or hazardous material at the above referenced property, which requires one or more response actions. On the evening of December 10, 2003, a fire occurred at the Crosby Yacht Yard and Oyster Harbors Marine, Inc. The fire consumed three (3) buildings and associated docks on the Crosby Yacht Yard, Inc. property and one (1) building, one (1) boat.storage rack and associated docks on the adjacent Oyster Harbors Marine, Inc. property. The runoff water used by the Barnstable Fire Department to extinguish the fire potentially contained the following: fuel oils,waste oils,gasoline,paint mixtures,thinners,plastics,metals etc. The Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L. c.21E, and the Massachusetts Contingency Plan (the "MCP"), 310 CMR 40.0000, require the performance of response actions to prevent harm to health, safety,public welfare and the environment which may result from this release and/or threat of release and govern the conduct of such actions. The purpose of this notice is to inform you of your legal responsibilities under State law for assessing and/or remediating the release at this property. For purposes of this Notice of Responsibility, the terms and phrases used herein shall have the meaning ascribed to such terms and phrases by the MCP unless the context clearly indicates otherwise. The Department has reason to believe that the release and/or threat of release which has been reported is or may be a disposal site as defined by the M.C.P. The Department also has reason to believe that you(as used in this letter, "you" refers to Crosby Yacht Yard, Inc.) are a Potentially Responsible Party (a"PRP")with liability under M.G.L. c.21E §5, for response action costs. This liability is "strict",meaning that it is not based on fault,but solely on your status as owner, operator, generator, transporter, disposer or J other person specified in M.G.L. c.21E §5. This liability is also "joint and several',meaning that you may This information is available in alternate format.Call Debra Doherty,ADA Coordinator at 617-292-5565.TDD Service-1-8000-298-2207. DEP on the World Wide Web: http://www.mass.gov/dep �.�Ml Printed on Recycled Paper 2 be liable for all response action costs incurred at a disposal site regardless of the existence of any other liable parties. The Department encourages parties with liabilities under M.G.L. c.21E to take prompt and appropriate actions in response to releases and threats of release of oil and/or hazardous materials.By taking prompt action, you may significantly lower your assessment and cleanup costs and/or avoid liability for costs incurred by the Department in taking such actions. You may also avoid the imposition of,the amount of or reduce certain permit and/or annual compliance assurance fees payable under 310 CMR 4.00. Please refer to M.G.L. c.21E for a complete description of potential liability. For your convenience, a summary of liability under M.G.L.c.21E is attached to this notice. You should be aware that you may have claims against third parties for damages, including claims for contribution or reimbursement for the costs of cleanup. Such claims do not exist indefinitely but are governed by laws which establish the time allowed for bringing litigation. The Department encourages you to take any action necessary to protect any such claims you may have against third parties. At the time of notification to the Department, no oral Immediate Response Action (IRA) Plan was approved. However, on December 12, 2003 you retained Horsley &Witten, Inc. to oversee the following response actions which were orally approved as an IRA: • Maintain the containment boom currently in place,as long as needed. • Consolidate,collect and containerize remaining fuel oils,gasoline,oil filters,miscellaneous paint/thinner products etc. • Remove solid debris from the Crosby Yacht Yard, Inc. property in order to evaluate potential runoff impact beneath the building floors. • Evaluate potential impact to the water and sediment of the adjacent bay from fire runoff. • All Remediation Waste must be properly stored/handled and disposed of within 120 days from the date of generation per 310 CMR 40.0030. ACTIONS REQUIRED Additional submittals are necessary with regard to this notification including,but not limited to,the filing of a written IRA Plan, IRA Completion Statement and/or an RAO statement. The MCP requires that a fee of$1,200.00 be submitted to the Department when an RAO statement is filed greater than 120 days from the date of initial notification. Specific approval is required from the Department for the implementation of all IRAs, and Release Abatement Measures (RAMS)pursuant to 310 CMR 40.0420 and 310 CMR 40.0443, respectively. Assessment activities, the construction of a fence and/or the posting of signs are actions that are exempt from this approval requirement. 310 CMR 40.0410 requires that within 60 days of notification a written IRA Plan must be submitted to this office that addresses assessment, containment and remedial actions taken at this location. The written IRA Plan must include,but is not limited to,the following: f ,4 ,3 • A sampling and monitoring plan that will evaluate potential impacts from releases of oil or hazardous materials caused by the fire to soils,ground water,surface water, sediments and shellfish. The sampling and analysis of shellfish meats rfustbe coordinated with presentatives of the Division of Marine Fisheries • A detailed site history,including,but not limited to: historic uses of the site; possible present and past sources of oil and hazardous material contamination, including,but not limited to,boat building,repair and maintenance activities; storage of paints,resins,lacquer thinners or waste material in tanks,drums or small containers. • A site plan identifying all proposed monitoring wells and,sampling locations. The site plan should also indicate where oil and hazardous materials have been used and stored on the site. • Provide a description of the response actions that were verbally approved and completed or on going to address the initial containment and removal actions associated with this release. • A schedule for the implementation assessment and response actions associated with this release. In addition to oral notification, 310 CMR 40.0333 requires that a completed Release Notification Form (BWSC-103, attached) be submitted to the Department within sixty(60) calendar days of December 11,2003. You must employ or engage a Licensed Site Professional (LSP) to manage, supervise or actually perform the necessary response actions at this site. You may obtain a list of the names and addresses of these licensed professionals from the Board of Registration of Hazardous Waste Site Cleanup Professionals by calling(617)556-1145 or visiting http://www.state.ma.us/lsp. Unless otherwise provided by the Department, potentially responsible parties ("PRP's") have one year from the initial date of notification to the Department of a release or threat of a release,pursuant to 310 CMR 40.0300, or from the date the Department issues a Notice of Responsibility,whichever occurs earlier, to file with the Department one of the following submittals: (1) a completed Tier Classification Submittal; (2) a Response Action Outcome Statement or, if applicable, (3) a Downgradient Property Status. The . deadline for either of the first two submittals for this disposal site is December 11,2004. If required by the MCP,a completed Tier I Permit Application must also accompany a Tier Classification Submittal This site shall not be deemed to have had all the necessary and required response actions taken unless and until all substantial hazards presented by the release and/or threat of release have been eliminated and a level of No Significant Risk exists or has been achieved in compliance with M.G.L. c.21E and the MCP. b., r 4 If you have any questions relative to this Notice,please contact Michael Whiteside at the letterhead address or at (508) 946-2704. All future communications regarding this release must reference the following Release Tracking Number: 4-18147. Very truly yours, This final document copy is being provided to you electronically by the Department of Environmental Protection.A signed copy of this document is on fife at the DEP office listed on the letterhead. Richard F.Packard,Chief Emergency Response/Release Notification Section P/ALJ/re NOR Crosby.doc CERTIFIED MAIL#7002 2030 0006 4994 9953 Attachments: Release Notification Form;BWSC-103 and Instructions Summary of Liability under M.G.L.c.21E Department's guide to hiring a Licensed Site Professional. ec: Barnstable Board of Health,Donna Z.Miorandi,Health Inspector donna.miorandi@town.bamstable.ma.us Horsley&Witten,Inc. Sextant Hill 90 Route 6A Sandwich,MA 02563 mnelson(@horsleywitten.com fc: Fire Department ATTN: Chief Farrington Fax: 508-362=8444 cc: Division of Marine Fisheries Michael Hickey 50A Portside Drive Pocasset,MA 02559 Oyster Harbors Marine,Inc. Michael Arel 122 Bridge St. Osterville,MA 02655 1 September 27, 2002 CROSBY YACHT YARD, INC. 72 CROSBY CIRCLE OSTERVILLE (CAPE COD) C% i1i• ��, '' MASSACHUSETTS 02655-2087 Town of Barnsfabl'e` :r>.. E ,: '; t <> f� .lwr7.. ,508/4 900 FAX 508/4 8-0 r Regulatory Services =r 1 200 Main Street; =r., ; �, tT'" r.ff, , Hyannis, MA 02601 SEP 0 2002 i Attention: Thomas McKean, Director row c��TH RNSTgBI� EPr. Dear Mr. McKean: I respond to your notice of violations dated September 9th and commensurate with our telephone discussion of last week. The purpose of this communication is to reply factually and honestly to these alleged violations.. The following explanation corresponds to the order of your September 9th memo: 1. First"Aid'& Training. There is no "right to know"training. - This is false. We provide this annually. (Copy of training certificate enclosed). 2. lo'MSDS'sheeis on site and available. -All of these sheets are cataloged and on the premises. They are maintained in several binders in our main office and throughout the workplace. Signage indicates the presence of these'documents. Our employees are trained how to read and interpret MSDS. (Training certificate enclosed). 3. EPA generator number.— We do not use two numbers simultaneously. There was one number utilized up through 2001. Another assigned number has been used since that time. I will report back when determine cause for number change. 4. Inadequate First Aid kit. — I honestly do not know what the adequate/inadequate thresholds are. This first aid station is professionally maintained by an outside vendor and is routinely stocked and product is inspected for expiration. (Copy of recent service invoice enclosed). 5. Eye wash bottles. —Claim is unclear. What is referred to; eye wash material or the applicators? To my knowledge these are inspected semi-annually. 6. Paint, Warehouse& Dock_- Exhaust fan.. This apparatus is in fact maintained. (See summary paragraph) 7. Flame retardant cabinets. —We do have flame retardant cabinets. Based on the inspection we will add additional cabinets. (See summary paragraph). r ID CUSTOM BUILDERS: TUGS — STRIPER — HAWK — CANYON 30 — WIANNO SENIOR"M ESTABLISHED 1850 MEMBER 8. Oil spill kit. —We maintain high quality oil spill components. We have a key to this lock. 9. Outdoor Paint Shed.-Metal rag container. We maintain several metal rag containers throughout the working areas. 10. Explosion proof bulbs. —Under investigation. Report to follow. 11. Hazardous Waste sheds. —(See summary paragraph). 12. Article XXXIX. - Battery storage. (See summary paragraph). As I had mentioned on the telephone, we are proud of our proactive stance relative to employee training, environmental compliance and workplace safety. To this end I was surprised to receive the enclosed report that was not accurate. When Miss McConnell and Miss Mojo arrived unannounced at our workplace on July 18th it was an extremely busy summer day. Due to previously scheduled appointments, I did not accompany them on a tour of our property. Because of our proactive posture, as mentioned above, I welcomed the inspectors unfettered access and was hopeful that we could learn something as a result of their unaccompanied ; inspection. As you know, and as I am aware,regulations and rules routinely change and it is very difficult to be 100%compliant, 100% of the time. Maximum compliance is a constantly moving target. Some of the items noted which are'termed violations are simply a result of seeing the "Yard" operating during regular business hours on one of the busiest days of the year. In retrospect some of these alleged violations could have been explained and resolved had the inspectors come to see me when they had finished. The inspectors where very professional and-asked permission to view the property. Perhaps they could have let me know when they left. I appreciate the opportunity to respond in this format and trust you will review these comments and those during our telephone conversations as they relate to the alleged violations. As I have mentioned, it has been and will be our keen intention to comply with all of the related regulations and then some. I am available at any time to further discuss' the issues or to show you through the property. " Sincer - Grego/sident a Vice tau I.L-servals 611 eel-6wEe:iUU � � DUNS NO. 05-397-6551 FED.ID NO, 396090019 Columbia,South Carolina 29201 , - FOR SERVICE CALL BRANCH MANAGER DOC.EXP. SERVICE WEEK TEflRIDTORYD A8(81q�Ie80. CUSTOMER NO. C DI7 C to LI L1 Ij "" 0 !-} N, 7• "°' J, ' CODE PREVIOUS BALANCE BAL.OVER 0 DAYS S CRui3Y +CHT YAND i"JC +UO2-4837-15 T C R U J ti Y YACHT YARD T P1 C B TMpE CHAIN Co., SVC.P/C PROD.P/C M 72 CROSL'sY CIR 72 CROSUDY CIRCLE 01 4Yrz n1 -i nnrn R • OST'ERVILLE NA 0265.5-2U87' o O;]TERVILLE NA 0265S LOCATION TAX EXEMPTION NO. + , HANDLING ASSOC. i SERVICE DATE SALES REP N0. CUSTOMER P.O.NUMBER CUSTOMER PHONE# TAX CODE CODE, CODE SERVICE TAX ! C.O.M.S.TAX PRODUCT TAX C" r cah -] ^•uv I r - -••�,'n-� ya t,•f t: r r- SERVICE/ E K I A L REMARKS/ SALES TOTAL WASTE SOLVENT/DRUMS CHANGE CHANGE DEPT PRODUCT QUAN. CHARGE CC SERVICE SERVICETERM SCH.LATE OD PROMO MSDS I :;F UNIT PRICE TAX CHARGE MIN. CLEAN SPENT °DE SK DOT TERM CODE NO. GIVEN Ll CUNT. (WEEKS)(INITIAL) Ih' �� T"• f�l 1 r11,7 114 1 r r l .,., 2n,4R ❑ 2 ❑ 3 ❑ 4 ❑ 5 ❑ 6 ❑ 7 ❑ B ❑ s L� A — .❑ 2CHECK ❑ TOTAL-SERVICE/PRODUCTS 1 4 • 3 }�. '➢ L7 APPROPRIATE,RATE. MACHINE CONDITION GOOD POOR DECALS LEGIBLE YES MACHINE PROPERLY GROUNDED YES N❑0 .F BOXES ❑ LOCAL PHONE NO.STICKER 'Z 8 CLEANLINESS FUSIBLE LINK '` ❑ AFFIXED TO MACHINE _ ❑ USE pA 7RANSPORTER.1 ID NO:''USEPA TRANSPO.fiTER 2 ID NO =GENERATOR USEPA ID NO:- GENERATOR'STATEID NO."'' LAMPgSSEMBLY ❑ NSTALLED SPENT SOLVENT MEETS c CONDITION EMERGENCY CLOSING ' <' J ~„� �, 117 7 - Of LID UNOBSTRUCTED ❑ ACCEPTANCE CRITERIA ❑ 19,US DOT DESCRIPTION (INCLUDING PROPER SHIPPING NAME;HAZARD CLASS,AND ID.) 12.CONTAINERS 13. TOTAL 14.UNIT SK DOT NUMBER I CERTIFY THAT MY TOTALW C^•�[ t 7 T P QUANTITY WT OL ^P'+ WASTE STREAMS ARE WITHI WA-S 1 L COMBUSTIULE L1QUID9. N. 0.eS. �(PC �'ROLLUII -NAPHTHA) - 1 Doi G ?D.4 °AEGOR�ES.THE FOLLOWIN �. 3 .. 1 .. LE - T -ti L.: 1 0 TO 220 LBS/MONTH... . O INITIALS -. "- ' '220 LBS.TO 2,200 LBSJNIONTH • IN -Ili ER THAN ,00 LBS ONTH GREAT AN 2 2 JM J N - INITIALS - Do DESIGNATED FACILITY NAME AND ADDRESS r� CERTIFY THAT NO MATERIAL CHANGE HAS OCCURRED USA EPA ID NO. r Z a A F L T Y�a L E E iJ S Y T L I 1 J S• INC.L 1 ' EITHER IN THE'CHARACTERISTICS OF THE WASTE a Q N "!'r ��I -/ tr) t] f '- -i s MATERIALS OR IN THE PROCESS GENERATING THE ST , T WASTE MATERIALS. ATE ID NO. - ' uJ(O .CASH ❑ TOTAL RECEIVED -APPLY PAYMENT TO: MANIFEST NO I AGREE TO PAY THE ABOVE CHARGES AND TO BE BOUND BY THE TERMS AND TOTAL CHARGE V ' CHECK NUMBER - CONDITIONS SET FORTH ABOVE AND ON THE REVERSE SIDE OF THIS DOCUMENT.' (FROM ABOVE) F- ❑TODAY'S SERVICE/SALE PLEASE CHARGE MY ACCOUNT FOR THIS TRANSACTION UNLESS OTHERWISE 11, INDICATED IN THE.PAYMENT RECEIVED SECTION. THE INDIVIDUAL SIGNING THIS WASTE MIN. Q ❑ I PREVIOUS BALANCE AS FOLLOWS DR MESSAGE -N O- . DOCUMENT IS DULY AUTHORIZED TO SIGN AND BIND CUSTOMER TO ITS TERMS. (FROM ABOVE) " • INVOICE# )UNT$ INVOICE# AMOUNT$ was Is to certify that the abwe+,amed materials are propertyclassified,packaged,mae w aoa labeled,am are m ) '< RLp grope,co Mdion to,baoapodaron accmdleg to the appncable regalat ode of the Departme,n or r,aaspodanort TOTAL DUE PREVIOUS MANIFEST CODE SEC# DI CREDIT � vrsA' DO NOT WRITE IN THE AREA BELOW CREDIT CARD NO. [ EXP.DATE Print Customer Name LlvsnX:�� CIJc�17]nn, 274 MC ."t By. (� amuN CUSTOMER REFERENCE Custome s Authorize epresentative" ° INFORMATION r r F __._ ,. _ ,..-,.,, _ TI-i!!?Ar;RrrnArntT CnNTIN!IFS ON THf;RFVFRGE SI11F _ eC _ emery _ a-fY�a3x4.-d"COMPANY INVOICE Invoice No • Date,ts w Branch —Route-, Cu�tcner Remit To . Bill_ To ^y__ -...r.V.��Y t i t b::..i , i i•,1; 1'#.�..�`,t__' -' - .+d ,. Tr ,.:. Ext Item Qty Description � ' Price �Y�C� �.�� .........::....... .i �...,..�. r..,i :.ter•. ... W « + : 17 1 Ta G::,_ 3 er i•.=:_c'i gyred Byff i:.: C-. p L...L l S � a a CUSTOMER COPY' TERMS NET 10 — F fj atc JOHN W. . FURRH ASSOCIATES,. certifies that CROSBY YACHT YARD,.• INC. has completed OSHA Hazard Communications Standard w (29 CFR 1910.1200) and State.Right-To-Know Employee Training.Z16) Date John W. u h r Instructo egistered D.O.L., MA y A• CROSBY YACHT YARD, INC. 4 b 72 CROSBY CIRCLE OSTERVILLE (CAPE COD) 7 DATE: 0 9/01/9 4 MASSACHUSETTS 02655-2087 508/428-6958 LOCATION: Crosby Yacht Yard, Inc. FAX 508/428-0323 72 Crosby Circle Osterville At the end of West Bay Road Map .116 Parcel 009 Deed Reference 070740 0100 OWNER: 72 Crosby Circle Realty Trust Richard & Audrey Egan, 'trustees SITE: 89,700 sq. ft . Zoning District MBA REQUEST: Construction of a 42 ' x 144 ' x approx. 25 ' aluminum building for storing boats. The site is presently used for storing boats outside. CUSTOM BUILDERS: TUGS — STRIPER — HAWK — CANYON 30 — WIANNO SENIOR ESTABLISHED 1850 MEMBER F Crosby Yacht Yard is requesting permission to construct an aluminum storage building over a section of pavement in the eastern most corner of our yard. This section of the .yard is presently used for outside boat storage. We have a significant need for this building for a number of reasons: 1 ) Reduce vandalism and theft . Every year the incidence of vandalism and theft increases. We are unable to fence in our facility because we abut the Town Way to water on the South side, the Wianno Golf Club to the North, and residencial property owners to the East . In addition, access to Crosby Circle passes through our property. Our customers are very concerned and some have taken their business to more secure facilities. 2) We have been unable to accomodate our customers with larger boats that presently winter store in off. Cape facilities . While these boats form a strong percentage of our summer business , they disappear to other boatyards in the winter. A covered storage building will help reduce the seasonal nature of their business. 3) The percentage of our customers with larger boats is increasing. This includes several new customers as well as existing customers who have purchased larger boats . 4) We anticipate increased competition from surrounding boatyards for our customers that have or are constructing inside storage buildings. To remain competitive will we have to provide similiar facilities. This building will be used strictly for inside storage of boats. It will cover an area that is presently_be_i_ngused to store boats. There will be no hazardous materials stored i n s Rd e.� The building will be made of aluminum, with• a large door(s) on the west side for passage of boats. There;wi11 be two pedestrian doors, and several opaque panels for light . There is existing old growth trees surrounding the site to the South and East , and older shrubs and smaller trees on the North sides.Gutters and drains will be installed for storm water runoff. A fire and security alarm system will be installed that will transmit to a central station. We have discussed the construction of the building with the residential abutters. Based on their suggestions, we have located the building in a remote corner of the parking lot which will not interfere with their views of the marina. They have no objection with the size, location, or use of the building. i . ti Crosby YachtBu:JdincJ o` s►Azr-acle co. /nc 0 Y` 74 ti to YL co C.5 0- jet I'jG �/D Ll � � t- op � 13 ....................................... J ,q. /2Li �L i 144� X 42 x 22' _ ri rt-r S'• v� I s, i M/RACLEWSS® ( . ' high performance ,k buildings come in a r , wide range of sizes ] and colors, with all of the features you look for,and more. i4 shown with optional`*overliang and downspout. 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There is plenty of . _ quality and value wherever, " z>�- ....., room for your special applications. you look � ,' k Every high performance building is manufactured for durability and versatility. b -- MIRACLETRUBS® sets the standard for u � multipurpose buildings and continues a lasting w commitment to excellence—from the quality of our building packages to the incredible ease it F �� and flexibility of our designs, to unmatched { h dependability and service. t>° MIRACLEM�IP A DIVISION OF MIRACLE STEEL STRUCTURES, INC. Waterford Tower-Suite 500 505 N.Highway 169,Minneapolis,MN 55441-6420 1-800-521-0386 (612)593.1000 FAX(612)544-1835 Py�FTHE p TOWN OF BARNSTABLE ! OFFICE OF L BAH MMB.d9TABL i BOARD OF HEALTH .� i639' 367 MAIN STREET no f�" HYANNIS, MASS. 02601 October- 10, 1989 Mr-. Richard D. Egan 72 Crosby Circle C)sterville, MA 02655 NOTICE TO ABATE VIOLATIONS. Dear- Mr. Egan . On' Friday, October 6, 1989, Donna hi.orandi. q Health Inspect-.or .for the Town of Barnstable, performed an on-site inspection with Lt. Wilcox and Capt. Whiteley of the Clst_ervi.l le Fire Department for the purpose of determining the status of the two (2) underground gasoline storage tanks can the property of .1808 West Icay Road; Clster-vi.l .le l i.4sted on Assessor' s Map 11.6 and known as Par-c:.el. 013. . . According to the Town of Barnstabl.e' s Health Regulation Regarding F►_cel. And Chemical. Storage Systems "no tank: may be abandoned in place" . .You are directed to obtain a removal permit from the Ostervi.11e Fire Department and have the tanks removed by November 16, 1989. While can site the following violations were also observed : ARTICLE X X X I X . CONTROL OF TOXIC: AND HAZARDOUS MATERIALS. Section 5 (c ) . The Board of Health requires that containers of toxic or hazardous materials be stored on an impervious, chemical resistant surface compatible with the material tieing stored , and that provisions be made to contain thie product in the case of accidental spillage. Outdoor or- storage of toxic or hazardous materials is prohibited , . except in product:--tight containers which are protec::ted from the elements, leakage, accidental damage and vandalism, and which are stored in accordance with all applicable requirements of Section 5 of this bylaw. hher..F". care n�i<:an (approx . ^i� `5 - y' I I .. �... ) �. gallon cirurris stored on sa_tca (some of which iar'e open ) as well as approximately 20 batteries also outside on the ground . h'li"aSSAC1HUSETTS HAZ_AFlI?OUS WASTE REGULATION: 010 C1MR 0.68% =0.690. Each container and tank must he clearly avid visibly labelled throughout the period of acc6mu.lation with the following : -the words "HAZARDOUS WASTE'' -t:.h'le-' name_' of the waste (e.g . ,waste oil , Acetone) 7the type of hazard (Cs) (e.g . , ignitable?, toxic , dangerous . � ' ' | � , � when wet, corrosive) | -date on which the accumulation began . � ~ Each container must be in good condition . The drums were unlabelled as indicated above and many of the them exhibit advanced stages of corrosion . Wastes containing toxic or hazardous materials shall be removed and disposed of in accordance with the Massachusetts Hazardous Waste Management Act. Ch. 704 of ' ` the Acts of 1979. ' You are directed to correct these violations within thirty (30) days of receipt of this notice. Please be advised that failure to comply with an order could result in a fine of not more than $200. Each separate day' s failure to comply with an order shall constitute a separate violation . PER ORDER OF TV DOARD OF OF HEALTH - Thomas A. McKean Director of Public Health cc : Lt. Glenn Wilcox and Capt. Whiteley, Osterville Fire Department . ` - ' ' . . ` - - ~ . ` . ' . . � ` . ~ ' ' � . . . / ' | � . � - '. . ' 999 MAIN STBEH' OSTERIJILLE, MASS. 026`tt�5 2018 Bohn M. Farrington Tel. Emergency 428-9111 Chief Rion-Emergency 428-2467 October 6,1989 Crosby Yacht Yard,Inc. 72 Crosby Circle Osterville,Ma. 02655 Attn: Mr. Richard Egan Dear Mr. Egan, This letter is to follow up our conversation today regarding the possibility of abandoning the two fuel tanks located on the boat yard property. After viewing the location with Donna Miorandi,Town Board of Health,and Deputy Chief Whiteley,it is our combined opinion that these tanks do not fall under the guidelines set forth under 527 CMR 9.22: 1(BOARD OF FIRE PREVENTION REGULATIONS) which you have a copy. If at the time of removal,a question arises which may y provide a need for re-eval- uation of this opinion,please contact this station,and we will be glad to view the sight at that time. Any questions feel free to call me at 428-2467. R Respectfully, Glen S. Wilcox �( Lieutenant C.O.M.M. Fire District cc: Donna Miorandi-Board of Health Deputy. Chief Whiteley-C.O.M.M. Fire Dept. v a' s AV CROODYYACHT CROSBY YACHT YARD, INC. ,�,'.- 72 CROSBY CIRCLE OSTERVILLE (CAPE COD) DHMTHM MASSACHUSETTS 02655-2087 " x' TOWN OFBAflfS7ABLE D 508/428-6958 FAX 508/428-0323 October 5 , 1989 y +' OCT l 1111 1989 Board of Selectman Town of Barnstable Town Hall Hyannis, MA 02601 Gentlemen: Enclosed is our application to install two new 5 , 000 gallon fuel tanks . We presently have a 3 , 000 gallon gasoline and 2,000 gallon Diesel tank which we propose to replace due to age this fall . We plan to locate these new tanks further from our *bulkhead which will place them approximately 11.0 feet from the harbor. As the new tanks are not readily available in the sizes we are replacing, we wish to replace the take outs with two 5 ,000 gallon tanks . This would also reduce the number of trips our supplier has to make to adequately stock fuel during the busy summer season. We would like to complete this work this fall so would appreciate your prompt consideration. S`incer Y. Richard B. Egan President RBE/jk Enclosure 4 CUSTOM BUILDERS: TUGS — STRIPER — HAWK — CANYON 30 — WIANNO SENIOR C)k ESTABLISHED 1850 MEMBER Form Fe-�. :UM-9//5-LU9590 Tarr Tommnnwratt4 of Massar4usrtts DEPARTMENT OF PUBLIC SAFETY—DIVISION OF FIRE PREVENTION - , 1010 COMMONWEALTH AVENUE. BOSTON — Osterville Sept. 29, 19 89 (City or Town) (Date) APPLICATION FOR LICENSE For the lawful use of the herein described building.... or other structure...., application is hereby made in accord- ance with the provisions of Chapter 148 of the General Laws, for a license to use the land on which such building.... or other structure.... is/are or is/are to be situated, and only to such extent as shown on plot plan which is filed with and made a part of this application. Location of land....72..Crosby Circle Nearest cross street.........West Bay Road 1St eet & 'umber) Owner of land...R�.Ck1A.I'4..G..Audre ...FA94A .................Address ...8-2agaMOM...RO.adq...W....YaMoUth,.-M&..o2673 Number of buildings or other structures to which this application applies.......Thre...e ................................................................. Storage — Marine Store — Shops — Office Occupancyor use of such buildings.............................................................................................................................................................. Total capacity of tanks in gallons:—Aboveground..........................................................Underground ...tW0..5. . al.....tarikS Kind of fluid to be stored in tanks.........gssoline and Diesel Approved—Disapproved ............................................................19 ........................................ ........ ...... .:...... .................. ........ ( g ture o plic t) .............................................................................................................. ..................................................... (Head of Fire Dept.) t (Addrtest � r C�nmmnnu�rtttt nttttrl�nrtts u — W DEPARTMENT OF PUBLIC SAFETY—DIVISION OF FIRE PREVENTION 1010 COMMONWEALTH AVENUE. BOSTON 19 (City or Town) (Date) AVP— LICOmSE&N'SE In accordance with the provisions of Chapter 148 of the General Laws, a license is hereby granted to use the land herein described for the lawful use of the building.... or other structure.... which is/are or is/are to be situated thereon, and as described on the plot plan filed with the application for this license. Location of land ..............................................................................Nearest cross street ........................................................................ (Street&Number) Ownerof land .............................................................................'.....Address .............................................................................................. Number of buildings or other structures to which this license applies .............................................................................................. Occupancyor use of such buildings .......................................................................................................................................................... Total capacity of tanks in gallons:—Aboveground........................................................Underground ................................................ Kindof fluid to be stored in tanks .........................................................:.................................................................................................... Restrictions—If any: .............................................................................................................................................. ..................................... ...............................................:................................................. (Signature of licensing authority) THIS LICENSE OR A PHOTOSTATIC OR CERTIFIED COPY THEREOF MUST BE CONSPICUOUSLY POSTED IN A PROTECTED PLACE ON THE LAND FOR WHICH IT IS GRANTED TOWN OF RA,i'?INS1ABLE SELECTM 5 OFFICE '89 OCT -6 P 4 :04 l t � Y pFIMEToy Town of Barnstable Regulatory Services IAMSTABLE, y MASS. g, Thomas F.Geiler,Director Eoi A+°i�� Public Health Division Thomas McKean,Director 200 Main St.Hyannis,MA 02601 Office: 508-862-4644 Fax: 508-790-6304 Richard Egan Crosby Boat Yard 72 Crosby Circle Osterville,MA 02655 September 9,2002 NOTICE TO ABATE VIOLATIONS OF THE TOWN OF BARNSTABLE GENERAL ORDINANCE ARTICLE XXXIX CONTROL OF TOXIC AND HAZARDOUS MATERIALS The property owned by you located at 72 Crosby Circle,Osterville,MA,was inspected on July 18,2002 by Lee McConnell,RS Health Inspector for the Town of Barnstable and Jennifer Mojo,Barnstable County Health and Environmental Department. The following violations of the Town of Barnstable General Ordinance,Article XXXIX,Control of Toxic and Hazardous Materials,were observed: First Aid&Training Section 1. There is no"Right to Know"training offered to employees. 2. Material safety data sheets(MSDS)must be on-site and available to employees. 3. The use of more than one EPA generator number is occurring. There may be only one EPA generator number per site. Also,only trained employees may sign hazardous waste manifests. 4. The first aid kit is inadequate and must be restocked. 5. All out-of-date eye wash bottles must be discarded and replaced immediately. Paint,Warehouse&Dock s Section 1. The exhaust fan filter of wooden paint warehouse must be maintained and changed regularly. Unauthorized spray booths may not be used on the property. 2. Flame retardant cabinets must be available for flammable products 3. The oil spill kit,on the dock,must be accessible. The key provided did not work with the lock. Outdoor Paint Shed Section 1. A metal container must be provided to hold used rags. 2. ' Explosive-proof bulbs are to be installed throughout the buildings. 3. All hazardous waste sheds must remain locked at all times. Q:health/order letter Article XXXIX: Batteries must be kept in designated storage areas. Batteries were found outside and inside the boat yard buildings. Remarks—On site,there is one UST-split tank(4000 gallons diesel/4000 gallons gasoline). An emergency contact plan has been designed and there spill kits available(booms,rags,and absorbent pads.) Also,personal protective equipment is provided throughout the yard,and respirators are available in the painting sheds. Ulst Services is responsible for cleaning used rags and uniforms. You are ordered to correct the above listed violations within fourteen(14)days of receipt of this letter. 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 could result in a fine of up to$500.00. Each day's failure to comply with an order shall constitute a separate violation. PER ORDER OF THE BOARD OF HEALTH 2 IVas A.McKean,R.S.,C.H.O. Director of Public Health Town of Barnstable f Q:health/order letter TOWN OF BARNSTABLE COMPLIANCE: CLASS: 1.Marine,Gas Statiens,Repair 0 satisfactory 2•Printers BOARD OF HEALTH 3.Auto Body Shops unsatisfactory- 4.Manufacturers Is (� (see"Orders") 5:Retail Stores COMP 6.Fuel Suppliers ADDRESS72- `L C_'Q-L Class: �-` 7•Miscellaneous M-AVXck`!Z QUANTITIES AND STORAGE (IN=indoors;OUT=outdoors) MAJOR MATERIALS Case lots Drums Above Tanks Underground IN OUT IN OUT IN OUT #&gallons Age Test G* Fuels: �}���� Gasoline Jet Fuel (A) Diesel, Kerosene, #2(B) Heavy Oils: waste motor oil (C) ,,,-,---new motor oil transmission/hydraulic Synthetic Organics: degreasers Miscellaneous: ?- � - LL� �� x DISPOSALIRECLAMATION REMARKS: 1.Sanitary Sewage 2.Water Supply U�hL ASS T O Town Sewer Public On-site OPnvate 3. Indoor Floor Drains YES NO sl� S O Holding tank:MDC - - - O Catch basin/Dry well O On-site system 4. Outdoor Surface drains:YES NO ERS: O Holding tank:MDC O Catch basin/Dry well VOST_ Alh klc- LA&L O On-site system 5.Waste Transporter auler Name of 11. Destination Waste Product 4" YES N0. N� I� 2. 6 "17 -z Person (s) Interviewed Inspector Date TOWN OF BARNSTABLE COMPLIANCE: CLASS: 1.Marine,Gas Stations,Repair BOARD OF HEALTH satisfactory 2.Printers 3.Auto Body Shops O unsatisfactory- 4.Manufacturers COMPANY (see"Orders") 5.Retail Stores 6.Fuel Suppliers ADDRESS ObjtalcLL M Class: 7.Miscellaneous QUANTITIES AND STORAGE (IN= indoors;OUT=outdoors) MAJOR MATERIALS Case lots Drums Above Tan'ks Underground Tanks IN OUT IN OUT IN OUT I#&gallons I e ITest Fuels: Gasoline Jet Fuel (A) Diesel, Kerosene, #2 (B) Heavy Oils: waste motor oil (C) new motor oil (C) transmission/hydraulic Synthetic Organics: degreasers Miscellaneous: a �Im NA rc� 5' � �f C14 E � 4 DISPOSAIJRECLAMATION REMARKS: n 1.Sanitary Sewage 2.Water Supply O Town Sewer OPublic Q On-site OPrivate 3. Indoor Floor Drains YES NO O Holding tank;MDC O Catch basin/Dry well O On-site system 4. Outdoor Surface drains:YES NO ORDER , J Cl O Holding tank:MDC 1 O Catch basin/Dry well O On-site system 5.Waste Transporter Name of Ilauler Destination Waste Product YES N0 1. 2. Person(s) Interviewed Inspector Date TOWN OF BARNSTABLE COMPLIANCE: CLASS: 1.Marine,Gas Stations,Repair O satisfactory 2.Printers BOARD OF HEALTH 3.Auto Body Shops unsatisfactory- 4.Manufacturers COMPANY�V� X-I/S�T P (see"Orders") 5.Retail Stores 6.Fuel Suppliers � �I ADDRESS - � Class: -- �Zb 7.Miscellaneous QUANTITIES AND STORAGE (IN= indoors; OUT=outdoors) MAJOR MATERIALS Case lots Drums Above Tanks Underground IN OUT IN OUT IN OUT I#&gallons 1 Age 1Test Fuels: Gasoline,Jet Fuel(A) Diesel, Kerosene, #2(B) Heavy Oils: waste motor oil (C) new motor oil(C) transmission/hydraulic Synthetic Organics: degreasers Miscellaneous: DISPOSAURECLAMATION REMARKS:. 1. Sanitary Sewage 2.Water Supply O Town Sewer OPublic 0 On-site OPrivate 3.Indoor Floor Drains YES NO 0 Holding-tank:.MDC t O Catch basin/Dry well 0 On-site system 4. Outdoor Surface drains:YES NO ORDERS: O Holding tank:MDC O Catch basin/Dry well 0 On-site system lCYS V6 5.Waste Transporter l �{ Prod'Name of flauler Destination Waste YES NO 1. 2. Person(s) Interviewed Inspector Date TOWN OF BARNSTABLE COMPLIANCE: CLASS: 1.Marine,Gas Stations,Repair BOARD OF HEALTH satisfactory 2.Printers O �' 3.Auto Body Shops O unsatisfactory- 4.Manufacturers. (see"Orders") 5.Retail Stores COMPANY' 6.Fuel Suppliers ADDRESS Class: 7.Miscellaneous QUANTITIES AND STORAGE (IN=indoors;OUT=outdoors) MAJOR MATERIALS Case lots Drums Above Tanks Under6n-ound IN OUT IN OUT IN OUT #&gallons IAge Test Fuels: Gasoline Jet Fuel(A) Diesel, Kerosene, #2(B) Heavy Oils: waste motor oil (C) new motor oil(C) transmission/hydraulic Synthetic Organics: degreasers Miscellaneous: DISPOSALIRECLAMATION REMARKS: 1.Sanitary Sewage 2.Water Supply v 1 t� O Town Sewer OPublic O On-site OPrivate 3. Indoor Floor Drains YES NO O Holdingtank:-MDC- - — - O Catch basin/Dry well O On-site system 4. Outdoor Surface drains:YES NO ORIDERS: O Holding tank:MDC O Catch basin/Dry well O On-site system ` 5.Waste Transporter auler Destination Waste Product License Name of H, YES NO 1. 2. 7z Person(s) Interviewed Inspector Date y a A. :i ,, _ __ 'fir TOWN OF BARNSTABLE L�QCA'110N � osh�: (�2c/c, } SEWAGE j Y �4f1 PY 7l"`T' •t 'ttt' VILLAGE Q3 rc, �L ASSESSOR-S{.MAP'&��LOT INS TA'LLER'S NAME Si PHONE NO. C,O2Jo'J, w%pv� SEPTIC TANtCAPACITY 31000 LEACHING F.ACILITY:(type w NO OPZEDROOMS PRIVATE^WELL-OR PUBLIC WATER BUILDER OR OWNER OS-- R-�t �Ye crb I x _ 4 DATE,PERMIT ISSUED x DATE COMPLIANCE ISSUED- VAR ANCE GRANTED Yes Now A >, ' mw7 wd77777 •mz � ly P, xPJ k t � N I1r 4., 6 THE COMMONWEALTH OF MASSACHUSETTS BOAR® OF HEALTH TOWN OF BARNSTABLE Applirativit for Di►,> wial li lvrltB Tomitrnrtiun Prrutit Application is hereby made for a Permit to Construct ( ) or Repair ( /an Individual.Sewage Disposal System at: .. .. F .s '2.0.G............. Location-:\ddrrss or Lot No. C'Po>3Y...Y. , -- _...--- On Owner Address a Go�.�Q�'t �V'h Installer Address dType of Building Size Lot............................Sq. feet Dwelling— No. of Bedrooms............................................Expansion Attic ( ) Garbage Grinder ( ) Other—T e of Building No. of persons____________________________ Showers — Cafeteria a' Other fixtures __________________________________ W Design Flow............................................gallons per person per day. Total daily flow.............................................gallons. WSeptic Tank—Liquid capacity----------..gallons Length________________ Width................ Diameter................ Depth................ x Disposal Trench— No. .................... Width.................... Total Length.................... Total leaching area....................sq. ft. Seepage Pit No--------------------- Diameter--------------...... Depth below inlet............_....... Total leaching area..................sq. ft. Z Other Distribution box ( ) Dosing tank ( ) ~' Percolation Test Results Performed by....... .................................................................. Date........................................ 1.4 Test Pit No. 1................minutes per inch Depth of Test Pit.................... Depth to ground water........................ fZ Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth to ground water........................ x --------------------------------•----•--•-•--••----••-•----•---••---••....-•--...-•---•---•----•-'••......................................................... 0 Description of Soil.............................................................................................................. ......................................................... x x -- --------------------------------------------------- -------•--------- U Nature of Repairs or Alterations—Answer when applic le..... 1 _.. 1 j --`-•---------------------------•--.---------_-. Agreement: The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of TITLE 5 of the State Environmental Code—The undersigned further agrees not to place the system in operation until a Certificate of Complian e has been issued b, th board of health. Signed . ' ..J/ 1........ ce Application Approved By _4 ---------- -------- ....I:.--------- j Application Disapproved for the following reasons: ....................................... . .................................................................................. ........................................ ........................................ Dace Permit No. ......... ----- ............. Issued .---., .........' Dace y..,.._'�s.+e,.,�..�+,,�=w.,�,....y.•.-.....-�••�.... � -•..+'........ ..r"•�--^• -:-d....r.••-`:..'-.�..+........w.3y...ti.,T..�-r.:r.....,..s...-� .r..- --....t._.-.-ww-.......J,.�.. +.�.....:•✓a..w�,....+ _3...,,,,�-•w-ry..-•...•.-..�.A A& THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH TOWN OF BARNSTABLE Appliration for Diaiituual HIjarlui Tatuitriirtiun ramit Application is hereby made for a Permit to Construct ( ) or Repair an Individual Sewage Disposal System at .................................................. .........................-........................................................................ r'C',e Location-Address or Lot No. as�3-� `fn�-� ------------------------------------•-••-•-••-- ................................................................................................. /� —p Owner Address aV v 3(w.....••JV v� ll�............................ Installer Address d Type of Building Size Lot............................Sq. feet U DwellingFlo. of Bedrooms------------------------------ -----Ex Expansion Attic Garbage Grinder — P' ( ) g ( ) Other—Type of Building ---------------------------- No. of ersons..-..--------.-..-.--------- Showers M a g p - ( ) — Cafeteria ( ) dOther fixtures --------------------------............................................................................................................................ W Design Flow............................................gallons per person per day. Total daily flow............................................gallons. WSeptic Tank—Liquid capacity........---gallons Length................ Width................ Diameter................ Depth................ x Disposal Trench--No..................... Width-------------------- -Total Length.................... Total leaching area....................sq. ft. Seepage Pit No...----- ---_------ Diameter.................... Depth below inlet.................... Total leaching area..................sq. ft. Z Other Distribution box ( ) Dosing tank ( ) Percolation Test Results Performed by.......................................................................... Date........................................ 1 Test Pit No. I................minutes per inch Depth of Test Pit.................... Depth to ground water........................ 44 Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth to ground water--...................... C4 ---------------- ------------------•---.....------••----....-------•----...._•--•------•...........---.........._...---•-........................-------.--.. 0 Description of Soil.............................--.............-............................................................................................................................ W ............................................................... ---------------....------------------------ YY�.. -----------------------•------•----•-•-----------•--...---...---- Ux Nature of Repairs or Alterations—Answer when a licable..... ../�Jl�� P • P -------------------------------------------------- ••----------------------- ? �1.�....1 fl .o_G�/..—/03 / —-----...--� �c. �:./l� T1---------------------------•--------------• Agreement: The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of TITLE 5 of the State Environmental Code—The undersigned further agrees not to place the'' system in operation until a Certificate of Complian e has been issWbDthnboard of health. Signed - % 'r� .. ........................................ � 5 Dare Application Approved By ...._.:--....r ., .-. ...! L 'z -. .. ...... s ............................. js........ - Date Application Disapproved for the following reasons: ................................................ .................................................................................... .................... .......... ..... _ . ....--......................--..................................................... ... . ......--. . .. . ..... .. ........................................ - --T Dare Permit No. ........:........�...........��.. -.--.._.-.- Issued ....., :........`.�''7- -. ................................. Dare --------------------------------------------------------------------------- THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH TOWN OF BARNSTABLE V��TT Ertifirate of 0:1omplianre THIS IS TO CERTIFY, That the Individual Sewage Disposal System constructed ( ) or Repaired ( // ) G62��� ,� ..................*....--... y ................._/..�-.-.......I--.. Installer at .......7c�� t`..cla -.t�f-.-.-�-cr. cn_.............................. .................----...--...--.....--................................. .........--........ ...........--........_....... has been installed in accordance with the provisions of TIT I. of The State Environmental Code as described in the application for Disposal Works Construction Permit No. .._�"�r`, y�.. �.-..... dated . / ..... .. ...�'.. THE ISSUANCE OF THIS CERTIFICATE SHALL NOT BE CONSTRUED AS A GUARANTEE THAT THE SYSTEM WILL FUNCTION SATISFACTORY. DATE.....AlOjVt ._S.--- Ci_5. ................................. Inspector .... .---.--..._.....__..... ..-:. __.:.------ -...... - - ------------------------------------ THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH TOWN OF BARNSTABLE... �.. FEE � ............ Rapoiial Norkii Tunutrurtiun ermit Permission is hereby granted........--U• RIPO:n... vry 9.(14�............. ---------------- ......................................................... to Construct ( ) or Repair ( J/an Individual Sewage 4isposal System atNo----------------------------•-••-------------------•----•--------.. ---------------------------------------------------------------------------------- ............................ Strec�� gr�r� as shown on the application for Disposal Works Construction Permit off.'' �/....--..... Dated... �.�:'a.��..1..tS�..... G Board of Health 1 DATE_-���-�(,?S!--�_S 5�---•--------------•-------------•-•---- I,/j FORM 36308 HOBBS&WARREN.INC..PUBLISHERS ,TOWN OF BARNSTABLE LOCATION 2 S C,2 SEWAGE # VILLAGE ASSESSOR'S MAP & LOT O ZQ V INSTALLER'S NAME PHONE NO. kGro:rZ.o.,,au s - ydg-S'C 0 SEPTIC TANK CAPACITY (,noo GA-( i LEACHING FACILITY:(type) ';� p (size) 3 NO. OF BEDROOMS /Y7 _PRIVATE WELL OR PUBLIC WATER y BUILDER OR OWNER �� � 'Gg,f DATE PERMIT ISSUED: /�/d7v_o2 JSSd DATE COMPLIANCE ISSUED J/ 7_9 - VARIANCE GRANTED: Yes No v a � I n � Lf ; CENTERVILLE-OSTERVILLE-MARSTONS MILLS FIRE DISTRICT 1875 ROUTE 28 CENTERVILLE, MA 02632 (508) 790-2380/FAXv(508) 790-2385 OIL/HAZARDOUS MATERIAL RELEASE FORM F,A,# Q r i f LOCATION: ADDRESS OF RELEASE' p s _, DATE OF RELEASE: „�,c -,4 PRODUCT RELEASED: ! ` ESTIMATED QUANTITY: CORRECTIVE ACTION TAKEN ORE NSrl L ARTY: —�vi r rPe v l--�►r a�v s {^�rl` sA1 i�r� '�—�x s�u� NOTIFICATIONS: FIRE DEPARTMENT: YES(,,,}- NO( ) DATE: J� TIME: NATIONAL RESPONSE CENTER YES ,,.) NO( DEPT. OF ENVIRONMENTAL PROTECTION YES(i,,f) NO( r NYYE:C�cj TIMt': OIL SPILL COORDINATOR: YES( NO( ) DATE: _ TIME: TOWN BOARD OF HEALTH: YES(v, NO( ) DATE:.�TIME: 4,,1 TOWN HARBORMASTER: YES( ) NO( ) DATE:TIME: �,Ca, "` OTHER AGENCIES: ,Pr ,.—_a , --, COMMENTS: s--,4-11� �',� T -�,.—' -Jd REPORTED BY-4 1Q .� DATE: .a - WHITE COPY—FIRE DEPARTMENT YELLOW COPY—D.E,P, PINK COPY—BOARD OF HEALTH C-O-MM FORM *58 4 t f - TOWN OF BARNSTABLE COMPLIANCE: CLASS: 1.Marine,Gas Stations,Repair 0 satisfactory 2.Printers BOARD OF HEALTH 3.Auto Body Shops q, unsatisfactory- 4.Manufacturers COMPANY CVV-U Z ��-- ��P (see"Orders") 5.Retail Stores 6.Fuel Suppliers "7 ADDRESS Z C-v31,Y 6,-%,a —011-, Class: _ 7•Miscellaneous QUANTITIES AND STORAGE (IN=indoors;OUT=outdoors) MAJOR MATERIALSUndergrround Tanks IN OUT IN OUT IN OUT #&gallons Age Test 91-z Fuels: �k PAWGasoline,Jet Fuel(A) Diesel, Kerosene, 2 Heavy Oils: waste motor oil (C) C.U, S Gl new motor oil (C) /4,r7- 1c transmission/hydraulic 7-1 Synthetic Organics: degreasers Miscellaneous: Ga-s 5L ck eo, T S sir S" r zb,_ DISPOSALRECLAMATION REMARKS: 1. Sanitary Sewage 2.Water Supply 4 b 09713q t cte- 4, O Town Sewer fiOublic L-a • a Fa,,a ,�,f f/e,W 4, J c` P-On-site OPrivate 3. Indoor Floor Drains YES NO O Holding tank:MDC� 0 Catch basin/Dry well 0 On-site system / 4. Outdoor Surface drains:YES ✓NO OR/ DER V, 0 Holding tank:MDC O Catch basin/Dry well , �-�- ROn-site system 5.Waste Transporter Narne of Hauler Waste Product' 1 YES NO 2. '41 , A Ao Interviewed nspect r Date h ' 21E SURVEY FORM STREET ADDRESS OF PROPERTY BEING SURVEYED: OWNER: PHONE: ADDRESS: 72 Crosby Circle, Osterville OCCUPANT. : -Crosby Yacht: Yard PHONE: ADDRESS: PHONE: PRESENT FLAMMABLE PERMITTED STORAGE AT PROPERTY: TANK SIZE PRODUCT LOCATION AGE CONSTRUCTION, Our records indicate no underground storage tanks .at .this location.: .: .:.a.. ..s .. TANKS REMOVED FROM PROPERTY: TANK SIZE PRODUCT CONSTRUCTION, AGE .. DATE,REMOVED . 9000 r Gasoline n/a n/a n/a 3000 G Diesel n/a n/a n/a r • 5000 G Fuel Oil n/a n/a n/a SPILLS/LEAKS AT PROPERTY: , DATE MATERIAL RELEASED APPROXIMATE SIZE OFRELEASE 1gRq Gasoline unknown 1990 Gasoline unknown, , 1997 Diesel unknown n7. INFORMATION PROVIDED Y. P.; L. Zarrelli 10/16/98 C-O-MM FIRE DEPARTMENT DATE 1875 ROUTE 28, CENTERVILLE, MA 02632 " RECORDS OF UNDERGROUND TANKS ARE ALSO LOCATED AT TOWN HALL, HYANNIS, MA AND BARNSTABLE COUNTY COURTHOUSE, ROUTE 6A, BARNSTABLE MA. C-0,MM FORM#886 I 4�'yoFTxcro`4� ,AaSITAV r.` : The Town of Barnstable NA 0. Inspection Department 3 670 367 Main Street, Hyannis, MA 02601 508-790-6227 Joseph D.DaLuz Building Commissioner July 13, 1992 Mr. Carl Riedell 778 Main Street Osterville, MA 02655 Re: Site Plan Review Number 11-92 Richard & Audrey Egan 72 Crosby Circle, Osterville, MA Assessor's Number 116.013 Dear Mr. Riedell: The above referenced site plan is approved with the following condition: 1. additional restrooms will be installed indoors on the first floor. Enclosed please find a Certificate Of Review and a copy of the conditionally approved plan. Please be informed that a building permit is necessary prior to any construction. Upon completion of all work, the letter of certification required by Section 4-7,8(7) of the Town of Barnstable Zoning Ordinances must be submitted. Should you have any questions, please feel free to call. Peace, 6J0he D. Da uz ilding Commissioner JDD:km CC All site Plan Review Staff enclosures (2) The Town of Barnstable '"'1fG@. ' Inspection Department 367 Main Street, Hyannis, MA 02601 508 79U 6227 $. Joseph D.DaLuz Building Commissioner May '22, 1992 a Mr. Carl Riedell r 778 Main Street f Osterville, MA 02655 Re: Site Plan Review No. 11-92 72 Crosby Circle, ,Osterville MA Dear Mr. Riedell: In reviewing the above referenced site plan, the attached comments and requirements have been submitted by the site Plan Review staff. . Any additional or revised material should be submitted as soon as possible to allow adequate time for staff review. Should you have any questions; please feel free to call. Peace, j a y�o eph D.. Da u Building Commissioner JDD/km cc: All site Plan Review staff j enclosures (2) ti WOO • �� MAY 2 g 1992 aa:�� . , y y SITE PLAN REVIEW STAFF COMMENTS v SP-11-92 Department of Public Works 1. There is a direct conflict with boat parking and vehicle parking. There are no dedicated parking spaces for vehicles. 2 Run-off from storm water must be contained on the lot. The potential for oil and other boat yard chemicals running off into the Bay should be addressed by the Board of Health. 3. Handicap access should be addressed for the second story., ` Health Department 1. The restrooms are not easily accessible to patrons and employees of the food establishment. They shall be located indoors. Planning Department M See Attached: C-O-MM Fire Department 1. Request consideration that any-upgrading -of utilities" be placed underground. " S920526A Town of Barnstable Planning Department w RECEIVED' . MAY. 141992 To: Joseph Daluz, Building Commissioner r PUR-OWnnFPT.. Fm: Robert schernig, Director Anna Brigham, Assistant Planner Re: Site Plan Review #11-92, Egan second story� osterville "May, 121 1992 1: Zoning for. MBA District restricts .use to;maririe related,' with` no listed accessory 'uses. A. 11restaurant44 is only. permitted, S. a" conditional use in the MB-B District, provided a special;PerPit pis . obtained from; the Zoning;Board of Appeals. A snack bar.-should be' considered a limited restaurant use under Section 3-3.4 (3) (A) . Therefore, this is a prohibited use. y 2. Parking for all existing uses onthe site;"must be shown to determine existing adequacy, before additional uses and parking needs can be evaluated. Please show this. information. ' On the site plan, it shows much of the open area around the existing building as "paved parking11, yet there isIl only 26 parking spaces provided. on the plan. Please show the entire site and all property dimensions. Will any additional parking be provided for the private club? Any HP parking designated? 3. Building elevations should be shown. 4. We recommend a landscaping plan showing all existing and 'proposed trees and shrubs._ 5. Is there any existing exterior lighting or is. any proposed? 6• What is: the floor area for each ,floor? Total floor area for all existing and proposed uses? 7• Where is the one (1) curb cut listed on the site plan application? 8. This ro osed P P project is within 100' of the water, therefore the Conservation Department needs to be notified. Summary: This application.,is-incomplete. Until the applicant provides the necessary information on what permits will be applied for., or. whato avenues will be pursued (i.e. a variance) , we cannot complete the review of this site..plan. y FtHET�� TOWN OF BARNSTABLE yam?�•f �O� OFFICE OF = Beaa9TOBL BOARD OF HEALTH i639• � 367 MAIN STREET HYANNIS, MASS. 02601 October- 10, 1909 Mr-. Richard D. Egan 72 Crosby Circle Osterville, MA (''2655 NOTICE TO ABATE VIOLATIONS , Dear Mr-. Egan : On Friday, October 6, 1989, Donna Miorandi , Health Inspector for the Town of Barnstable, performed an an-site inspection with Lt. Wilcox and Capt. Whiteley of the Ostervi l le Fire Department for the purpose of determining the status of the two (.2) underground gasoline storage tanks on the property of :1.808 West Bay Road , Osterv.ille l:i.sted . on Assessor' s Map 116 and known as Parcel. 013. ,l According to the Town of Barnstab.l.e' s Health Regulgtion Regarding 1=uel. And Chlemical. Storage Systems "no tank: may be abandoned in pl.a.ce" . .You are directed to obtain Via. remov<a.l. permit from the OSter-vi.11e Fire Department. and : have the tanks removed by November- 16, 1989. While an site the following violations were also. observc-_dc ARTICLE X X X I X . CONTROL OF TOXIC AND HAZARDOUS MATERIALS. � Section 5 (r_' ) . The Board of Health requires that containers of toxic or hazardous materials be stored r.:n-i an irpe.r-vious, chemical res.i.stant surface compatible with the material being stored , and that provisions Lip'- made to contain the product in the case of acc:i.dental spillage. Outdoor storage of toxic or hazardous materials is prohibited , except in product-tight containers which are protected elements, Ieak:r_age, � r .l e and �'-CJ'.::E�'t::.'LE�i:I fr(::iiil �=�'le _ caC.=f::.lijl.�_f'it.cll (:13(11:ZL vandalism, and which are stored in accordance with all applicable requirements of Se.ct.ion 5 of this bylaw. There are many ( approm. `0) 55 gallon drums stored on site ( some of which are open ) as well. as appr-(: ximately 20 batteries also outside on the groc.rnd . h1i-aSC3r::af;Hl l:=ETTS F-IAZARDOUS WASTE REGULATION: 310 OM ' :Tiie 680, 30.690. Each container- and tank: must -be clearly and visibly labelled throughout the period of accumulation With — the following - -the words "HAZARDOUS WASTE'' -'-L:.h'ie name of the waste (e. g . ,waste oil: , acetone) -the type of hazard ( s) ( e .g . , ignitable , toxic , dangerous when wet, coPros>>v e) --data on which the accumulation began . Each container- must be in good condition o The drums were unlabelled as indicated above and many of the them exhibit c!la'`rc!('iced stages of corrosion . Wastes containing toxic or hazardous materials shall be removed and, disposed of in accordance with the Massachusetts Hazardous Waste Management Act. Ch. 704 of the Acts of 1979 . `,'r..0 are directed to correct these violations within thirty (30) days of receipt of this notice. Please be advised that failure to comply with an , order could result in a fine of not more than $200. Each separate day' s failure to comply with an order sha.l. l constitute a separate v.iolatlon . PER ORDER OF V. 0 00A R I;) 10 H EAL--rFi .. Thomas A. Mck;ean Director of Public Health cc Lt. Glenn Wilcox and Capt. Whiteley, Ostervil le . Fire Department J r Massachusetts Department of Environmental Management 127123 ' Office of Water Resources TYPE-OR PRINT ONLY Well Completion Report 1.,WELL�LOCA'�ION GPS(OPTIQNAL) LATITUDE' LONGITUDE Address.at Well Location: _C 6L Uf J Property Owner. _I 0't S(t(i. Subdivision Name 'H 1340+-' Mailing Address # 1 i >Clty/Tovvn � i 1 City/Town..' t1 �G�i., ;t `JtSJt Assessors Map Assessors Lof#. NOTE: Assessors Map and'Lot# mandatory d no street,address avai�l4ble Board of Health permit obtained: Yes ❑ Not Required LAP Permit Numbers. Date Issued' 2. WORK PERFORMED 3. PROPOSED USE, 4. DRILLING METHOD EJ Abandon El Domestic El ❑ Deepen ell ❑ Re condition � Monitoring ❑ Irrigation El Air a Hammer `p"ble Auger Direct Push ❑ Replace ❑ Other ❑ Industrial ❑ Other El Mud'Rota ! ❑ Other 5.WELL LOG OC Unconsolidated Consolidated 6.SITE SKETCH (use permanent landmarks with distances) W Permeability .0CDe , co CZ From (ft) To (ft) High Low U) m Other Rock Type 3 7 7.WELL CONSTRUCTION 8. CASINO Total Depth Drilled $t 5 From (ft) To (ft) Casing Type`and Material Size O.D. (in) Well Seal Type Date Drilling Complete (� -3. 5 Sc / ? PVC, F—,Jr 2 i 9.SCREEN From (ft) To (ft) Slot Size _ Screen-Tape and Material Screen Diameter -3,5 775 ,oto 5CV",9,421/C.. VTT 10. FILTER PACK/GROUT/ABANDONMENT MATERIAL 11.ADDITIONAL WELL INFORMATION <r �, Developed? ❑ Yes Ej No From (ft) To (ft) Material Description--> Purpose Fracture Enhancement? ❑ Yes E9 No Method r ti a Disinfected? ❑ Yes 1� No 12.WELL TEST DATA(PRODUCTIONWELLS). 13.STATIC WATER LEVEL(ALL'WELLS)'' Yield =Tim' Pumped Drawdown to Time Recovery to Depth Below Date Method (GPM), F4(hrs& min) (Ft. BGS) (hrs& min) (Ft. BGS) Date Measured Ground Surface (FT) 14.PERMANENT PUMP(IF AVAILABLE}, 15.NAME/ADDRESS OF PUMP INSTALLATION COMPANY Pump DescriptionI Horsepower r: Pump Intake Depth TM (ft) Nominal Pump Capacity (gpm) 16. COMMENTS , 17.WELL DRILLER'S STATEMENT This well was drilled and/or abandoned under my supervision, according to applicable rules ,3 and regulations, and this report<is complete and corr ct to the best of my knowledge. Driller:Pg� c}� S lmor,c�` Supervising Driller Signature: f lip l� �—1'4f w 9- Registration #: Firm Pi t 1 t 1 Y1`� Date: 3- -0 1 `� Ri Permit#: � � 1 31 � v NOTE: Well Completion Reports must be filed by the registered well driller within 30 days of well completion. BOARD OF HEALTH COPY r aV C7 OriY1-Q y �: ,S�3eciyv�, w� vbYv�,'t�ec1 I $150.00 y a Health Inspector; therefore, it is not necessary sion. However, if your establishment is not open ),please call 862-4644 between(8:00-9:30 a.m. or lease complete the foi=m and mail it along with the 2003 to the Town of Barnstable, addressed to the yannis, MA 02601. Upon satisfactory.compliance -ent Servsafe Certificate,you will be sent, via mail, G. 1, 2004 will result in an additional fee of$10.00 ee to call the Public Health Division office at 862- STATE LABORATORY INSTITUTE 0gs7Qro s ' ►-, :+,� 305 South Street Q; Boston, MA 02130-3597 ` s DEC31103 .�� CD METER 7107958 U.S. POSTAGE 4 i �$60'1'F!'4UGL:' C3G ��I!!!:ll�tlFl�tl;1�!!!lI.F.lit:TFl�i'.�1:!"IIEFli`Ft'tl��ItlF:��!!l9i:1�i! :o �� i� i � F .\ � i / � .� / ��� _� T j _ � J M1wl ..\ _ .. I �� /� F `\ The Commonwealth of. M,assachusetts Executive Office of Health and Human Services — Department of Public Health State Laboratory Institutes --� _ ;�305 South. Street, Jamaica Plain, MA 02130' -� a ' (617) 983-6200 JAN_ 0 � 2�Q4,. TOW EO�BAt�NSTAB/E MITT ROMNEY .It'1 DES GOVERNOR T. KERRY HEALEY. r^ LIEUTENANT GOVERNOR RONALD PRESTON s SECRETARY F CHRISTINE C.FERGUSON 12/16/2003 COMMISSIONER Submitted By: DAVID LADD �erv�� ;— f �-rbr DISTRICT ONE HAZMAT STOW, MA 01775 RE: Environmental Specimen submitted for determination of: Report Date: 12/16/2003 Submitter ID: a Date Received 12/11/2003 Sample Description: GLASS CONCENTRATER Location Name: BEACH BARNSTABLE, MA Laboratory Number: Tracking Number: SLI-3521 Specimen Type: ENVIRONMENTAL RESULTS FOR CHEMICAL ANALYSIS Gas Chromatography/Mass Spectrometry positive acetic acid&petroleum hydrocarbons Fourier Transform Infrared Spectorscopy negative Chemical Analysis Test Result Interpretations:The sample had a strong aroma of acetic acid which was. confirmed by GC/MS.Trace amounts of petroleum hydrocarbons were also found by GC/MS.These compounds are highly volatile and may have evaporated over time. - Acetic acid and petroleum hydrocarbon solvents are common industrial products.They have also been identified as being used in the manufacture of illicit drugs such as methamphetamine.Sample was introduced by HS SPME. _ Please let us know if you would like this sample returned. If we do not hear from you within 15 days,we shall assume that you have no further need for it and it will be discarded.For questions about this report,or to have the sample returned,please call (617)983-6291. for Ralph J imperi,MPH , Dire.tor, efts State Laborato ,Institute ry; Department of Public Health ZL f NaturalResources Report:March,2004 Shoestring Bay Closure: The lower portion of Shoestring Bay shall automatically close to all shellfishing as of April 1, 2004 per order of DMF.. The lower portion of Shoestring Bay is. defined as: The waters, flats and all tributaries of Shoestring Bay in the Towns of Mashpee and Barnstable, easterly of a line drawn south from the southernmost point of Mashpee Neck to Punkhorn Point; northerly of a line drawn from Punkhorn Point to Ryefield Point and southerly of a line drawn from Simons Narrows Road in the Town of Mashpee to the "Public Way to Water" in the Town of Barnstable. (DMF/SC20.3; classified as conditionally approved; status: Closed to shellfishing April 1 through December 31, all dates inclusive. The area shall not automatically reopen to shellfishing on January 1 and will remain closed until examined and shellfishing is allowed by DMF.). • Marstons Mill River and Prince Cove Shellfish Area Opening: The Marstons Mills River and Prince Cove (as defined) opened to shellfishing as of March 5, 2004. The Marstons Mills River and Prince Cove shall automatically close to shellfishing as of April 1, 2004 per order of DMF. The Marstons Mills River is defined as: The waters and flats and all tributaries thereto of Marstons Mills River in the Town of Barnstable, south of a line drawn across the mouth of Prince Cove, north of a line drawn across the mouth of the river and westerly of a line drawn northerly from the two"No Shellfishing"signs located at the mouth of Warren's Cove(DMF/SC:23.1; classified as conditionally approved). Prince Cove is defined as: The waters and flats and all tributaries thereto of Prince Cove in the Town of Barnstable, north of a line drawn across the mouth of Prince Cove (DMF/SC:23.1; classified as conditionally approved). • Outer Hyannis Harbor Shellfish Area Opening: The Stewart Creek, Hyannis Harbor area opened to shellfishing as of February 29, 2004 per order of DMF. The Stewart Creek, Hyannis Harbor area (except as otherwise updated and stated by the Massachusetts Division of Marine Fisheries) is defined as: The waters and flats and tributaries of Hyannis Harbor in the Town of Barnstable, west of a line drawn south from the end of Ocean Street to the "No Shellfishing " buoy and east of a line drawn south from the breakwater at the mouth of Stewart Creek to'the "No Shellfishing" buoy .and north of a line drawn between the two "No Shellfishing"buoys. (DMF/SC:27.4; classified as approved; status: open to shellfishing). • Scudder Lane Recreational Shellfishing Area Seasonal Closure: Effective Thursday,April 1,2004,the Scudder Lane Recreational Shellfishing Area (as defined)in Barnstable Harbor:is closed to the harvest of all shellfish. Opening dates for the Scudder Lane Recreational Shellfishing Area will be posted annually. • Crosby Yacht Yard Fire: The following information has been compiled as of March 10h,2004: Michael Whiteside is the Department of Environmental Protection (DEP) project manager for the Crosby Yacht Yard environmental assessment study. Mr. Whiteside has.conveyed the following information to MEAD staff by e-mail describing the status of the assessment: DEP Performed a site visit to the site of the fire on Tuesday 1/27/04. As of that date, Mr. Whiteside said that Oyster Harbors had removed solid waste and was in the process of disposing of 2 roll off containers with lead contaminated soil/ash and debris, and that their property looks good. Mr. Whiteside said that Crosby Yacht Yard had removed solid waste and were waiting on analytical results of soil/ash. They (Licensed Site Professionals (LSP)) sampled Friday 1/23/04, and they should get results within a week. He said once data is received they will start removing soil/ash. In the meantime, DEP had them install hay bales along the waters edge to prevent ash from entering the bay. As of January 29; 2004, DEP had not received any plans/reports from either boat yard owner or Licensed Site Professionals (LSP) yet. Mr. Whiteside said to expect sampling/assessment plans (for marine environment and resources i.e., shellfish) soon. He said that the best bet for more comprehensive updates is to contact the LSP's for each property. The LSP for Oyster Harbors Marine is " ENSR";,contact Chris Mariano 508-888-3900. The LSP for Crosby Yacht Yard is the Horsley Witten Group; contact Mark Nelson 508-833-6600. Mr. Whiteside said he would inform the LSPs to keep Town of Barnstable staff updated. It is obvious that severe ice conditions curtailed the progress of the assessment studies for January and February 200.4. During early February, Mr. Mark Nelson of the Horsley Witten Group informed Tom Marcotti of a sampling and analysis protocol that Horsley and Witten was seeking to get under way once the winter and weather conditions practically allow. The survey and analysis would begin with benthic substrate and shellfish sampling, and the analysis of the substrate and shellfish for heavy metals and hydrocarbons. Mr. Nelson said that field sampling would probably not get underway until early March due to the current and projected ice conditions. On March 5, 2004 MEAD sent an e-mail to Mr. Whiteside (DEP) as follows: "The Town of Barnstable is requesting from your agency (DEP) an update of the current status of the environmental impact assessment regarding the impacts of the "Crosby Yacht Yard Fire" in Osterville, MA. In particular, the catastrophe has detrimentally effected the recreational and commercial shellfishery of the Town, and the citizenry is seeking information to determine the future of the shellfishery and their stake in it. Is there anything the Town of Barnstable can do to expedite the environmental impact assessment and further the responsible determinations of shellfishing area closures in these regards." On March 9, 2004, Mr. Whiteside responded with the following correspondence: We (DEP) have reviewed and commented on the IRA Plan submitted by Horsley& Witten on behalf of the Egan's. Our comments required the following modifications to the IRA Plan: -Installation of at a minimum 3 groundwater monitoring wells. -The inclusion of Tin and Copper in all metals sampling in addition to RCRA 8 Metals. -More details on the handling,procedures and additives to be used for on site stabilization of lead-impacted soils before soils are transported off-site. -Changing analytical from EPH by method 8100 to method 8270. -Changing the locations of shellfish sampling and increasing the number of background samples... After further discussions with Horsley & Witten and the Woods Hole Lab we are considering sampling shellfish for alkylated polyaromatic hydrocarbons by GC/MS-SIM to differentiate between petrogenic and pyrogenic hydrocarbons. We are trying to run this by Mike Hickey of Division of Marine Fisheries and Elaine Krueger of Public Health. We should give final word to Horsley & Witten this week. As of today, the groundwater wells have been installed, analytical is due back this Friday. Lead stabilization starts tomorrow. Joe Longo is now. the Senior Project Manager and contact for the Horsley Witten Group regarding the Crosby Yacht Yard assessment. In correspondence with Tom Marcotti on March 1501, 2004, Mr. Longo said that Horsley Witten Group staff was intending to sample shellfish on Tuesday (3/16) or Wednesday (3/11) depending on the weather. The shellfish samples would be. submitted to the Woods Hole Group Laboratory for analysis of petrogenic and pyrogenic hydrocarbons. The laboratory takes 10 business days to complete the analysis. Mr. Longo also noted that as of March 15, 2004 his agency had not received final approval of shellfish/substrate sampling locations and lab analysis from DEP via the Ma. Department of Public Health. As a result sampling may be delayed until the situation is rectified and/or approved. DMF Scallop,Season Closure: The harvest of scallops shall be closed, (prohibited) effective April 1 st annually, MGL CH 130 sec. 71. Open season will be posted annually. • Shellfish Propagation Revolving Fund Status as of 3/18/04: Expenditures: $29,113.41 Balance: $29,977 i Table 3-3 Concentrations of PAHs at the Site 1 Stations S.D. = Standard Deviation, C.I. = 95%o confidence interval. Bold type indicates the analyte was not detected; the value shown represents one-half the detection limit. Site 1 - PAHs Station Results(Ng/Kg) Low Molecular Weight PAHs(LMW) B6 C3 E4 E6 G3 G7 Average S.D. C.I. Min Max Naphthalene 4.5 7.0 200.0 8.5 6.5 6.0 38.8 79.0 82.9 4.5 200.0 2-Meth Inaphthalene 4.5 7.0 160.0 8.5 6.5 6.0 32.1 62.7 65.8 4.5 160.0 1-Meth Ina hthalene 4.5 7.0 90.0 8.5 6.5 6.0 20.4 34.1 35.8 4.5 90.0 Biphenyl 4.5 7.0 16.0 8.5 6.5 6.0 8.1 4.1 4.3 4.5 1 16.0 2,6-Dim ethyl na phthalene 4.5 1 7.0 37.0 8.5 1 6.5 6.0 11.6 12.5 13.1 4.5 37.0 Acena hth lene 4.5 7.0 28.0 19.0 6.5 6.0 11.8 9.5 10.0 4.5 28.0 Acena hthene 4.5 7.0 80.0 8.5 6.5 6.0 18.8 30.0 31.5 4.5 80.0 Fluorene 4.5 7.0 28.0 8.5 6.5 6.0 10.1 8.9 9.3 4.5 28.0 Phenanthrene 4.5 31.0 140.0 29.0 20.0 25.0 41.6 49.1 51.6 4.5 140.0 Anthracene 4.5 7.0 52.0 8.5 6.5 6.0 14.1 18.6 19.5 4.5 52.0 1-Meth I henanthrene 4.5 7.0 8.0 8.5 6.5 6.0 6.8 1.4 1.5 4.5 1 8.5 a Sum LMW PAHs 49.5 101.0 839.0 124.5 85.0 85.0 214.0 307.2 322.3 49.5 839.0 66 C3 E4 E6 G3 G7 Average S.D. C.I. Min Max High Molecular Weight PAHs HM Fluoranthene 4.5 35.0 57.0 38.0 26.0 26.0 31.1 17.3 18.1 4.5 57.0 Pyre ne 4.5 40.0 59.0 44.0 23.0 21.0 31.9 19.5 20.4 4.5 59.0 Benzo a anthracene 4.5 23.0 43.0 29.0 6.5 6.0 18.7 15.7 16.4 4.5 43.0 Chrysene 4.5 23.0 42.0 29.0 13.0 13.0 20.8 13.5 14.1 4.5 42.0 Benzo b fluoranthene 4.5 20.0 33.0 27.0 14.0 6.0 17.4 11.4 12.0 4.5 33.0 Benzo k fluoranthene 4.5 20.0 29.0 23.0 13.0 6.0 14.8 10.5 11.0 4.5 29.0 Benzo a rene 4.5 16.0 25.0 21.0 6.5 6.0 13.2 8.7 9.2 4.5 25.0 Benzo a rene 4.5 22.0 41.0 29.0 6.5 6.0 18.2 15.0 15.7 4.5 1 41.0 Perylene 4.5 7.0 8.0 1 8.5 6.5 6.0 6.8 1.4 1.5 4.5 8.5 Ind eno[1,2,3-cd rene 4.5 16.0 26.0 22.0 6.5 6.0 13.5 1 9.2 9.6 4.5 26.0 Dibenz a,h anthracene 4.5 7.0 8.0 8.5 6.5 6.0 6.8 1.4 1.5 4.5 8.5 Ben zo ,h,i a lene 4.5 16.0 24.0 22.0 6.5 6.0 13.2 8.7 9.1 4.5 24.0 Sum HMW PAHS 54.0 245 0 395.0 301.0 134.5 114.0 207.3 128.8 135.2 54.0 395.0 Sum Total PAHs 1 103.5 1 346.0 1 1234.0 1 425.5 1 219.5 1 199.0 421.3 414.1 434.5 1 103.5 1 1234.0 Natural Resources Report:March,2004 • Shoestring Bay Closure: The lower portion of Shoestring Bay shall automatically close Ito all shellfishing as of April 1, 2004 per order of DMF. The lower portion of Shoestring Bay is defined as: The waters, flats and all tributaries of Shoestring Bay in the Towns of Mashpee and Barnstable, easterly of a line drawn south from the southernmost point of Mashpee Neck to Punkhom Point; northerly of a line drawn from Punkhom Point to Ryefield Point and southerly of a line drawn from Simons Narrows Road in the Town of Mashpee to the "Public Way to Water" in the Town of Barnstable. (DMF/SC20.3; classified as conditionally approved; status: Closed to shellfishing April 1 through December 31, all dates inclusive. The area shall not automatically reopen to shellfishing on January 1 and will remain closed until examined and shellfishing is allowed by DMF.). • Marstons Mill River and Prince Cove Shellfish Area Opening: The Marstons Mills River and Prince Cove (as defined) opened to shellfishing as of March 5, 2004. The Marstons Mills River and Prince Cove shall automatically close to shellfishing as of April 1, 2004 per order of DMF. The Marstons Mills River is defined as: The waters and flats and all tributaries thereto of Marstons Mills River in the`Town.of Barnstable, south of a line drawn across the mouth of Prince Cove,north of a line drawn across the mouth of the river and westerly of a line drawn northerly from the two"No Shellfishing"signs located at the mouth of Warren's Cove(DMF/SC:23.1; classified as conditionally approved). Prince Cove is defined as: The waters and flats and all tributaries thereto of Prince Cove in the Town of Barnstable, north of a line drawn across the mouth of Prince Cove (DMF/SC:23.1; classified as conditionally approved). • Outer Hyannis Harbor Shellfish Area Opening: The Stewart Creek, Hyannis Harbor area opened to shellfishing as of February 29,2004 per order of DMF. The Stewart Creek, Hyannis Harbor area (except as otherwise updated and stated by the Massachusetts Division of Marine Fisheries) is defined as: The waters and flats and tributaries of Hyannis Harbor in the Town of Barnstable, west of a line drawn south from the end of Ocean Street to the "No Shellfishing " buoy and east of a line drawn south from the breakwater at the mouth of Stewart Creek to`the "No Shellfishing" buoy and north of a line drawn between the two "No Shellfishing"buoys. (DMF/SC:27.4; classified as approved; status: open to shellfishing). • Scudder Lane Recreational Shellfishing Area'Seasonal Closure: " Effective Thursday,April 1,2004,the Scudder Lane Recreational Shellfishing Area (as defined)in , Barnstable Harbor:is closed to the harvest of all shellfish. Opening dates for the Scudder Lane Recreational Shellfishing Area will be posted annually. • Crosby Yacht Yard Fire: The following information has been compiled as of March 16 , 2004: Michael Whiteside is the Department of Environmental Protection (DEP) project manager for the Crosby Yacht Yard environmental assessment study. Mr. Whiteside has conveyed the following . information to MEAD staff by e-mail describing the status of the assessment: DEP Performed a site visit to the site of the fire on Tuesday 1/27/04. As of that date, Mr. Whiteside said that Oyster Harbors had removed solid waste and was in the process of disposing of 2 roll off containers with lead contaminated soil/ash and debris, and that their property looks good. Mr. Whiteside said that Crosby Yacht Yard had removed solid waste and were waiting on analytical results of soil/ash. They (Licensed Site Professionals (LSP)) sampled Friday 1/23/04, and they should get results within a week. He said once data is received they will start removing soil/ash. hi the meantime, DEP had them install hay bales along the waters edge to prevent ash from entering the bay. i Natural Resources Report: January 2004 • Shoestring Bay Shellfish Area Opening and Management Notice: The Division of Marine Fisheries reopened seasonally closed shellfishing areas in Shoestring Bay as of January 1, 2004. "The waters, flats and all tributaries of that portion of Shoestring Bay in the Towns of Mashpee and Barnstable, easterly of a line drawn south from the southern most point of Mashpee Neck to Punkhom Point; northerly of a line drawn from Punkhorn Point to Ryefield Point and southerly of a line drawn from Simons Narrows Road in the Town of Mashpee to the"Public Way to Water"in the Town of Barnstable." The status of these areas shall automatically change to"Closed to Shellfishing"on April 1; 2004 unless DMF changes the status prior to said date(DMF/SC20.3; classified as conditionally approved). The commercial harvest of soft shell clams is prohibited on two recreational shellfishing flats in Shoestring Bay as posted by Natural Resources. • Barnstable Marshes Shellfish Area Opening and Management Notice: The Division of Marine Fisheries reopened the seasonally closed Barnstable Marshes (listed below) as of December 18,2003.This opening is due to approved water quality as part of a management protocol for this area. Barnstable Marshes: The waters and flats thereto of Barnstable Marshes in the Town of Barnstable southwest of a line drawn northwest from Calves Pasture Point to the southeast tip of Sand Island and southwest of a line drawn northwest from the northwest tip of Sand Island to the west tip of Slough Point. (DMF/CCB:33.0; classified as conditionally approved; status: Closed to shellfishing September 15 through December 14, all dates inclusive. The area shall not automatically reopen to shellfishing on December 15 and will remain closed until examined and shellfishing is allowed by DMF.). • Division of Marine Fisheries Revised Emergency Shellfish Area Closures in North Bay and West Bay: The Division of Marine Fisheries has reviewed the December 12, 2003 shellfish closure of West Bay (SC22) and North Bay (SC23) in the Town of Barnstable that was generated as of a result of the fire at Crosby's Boat Yard. The reason for the closure was the potential for contamination of shellfish due to the runoff of chemicals and other hazardous or deleterious substances during and after the process of extinguishing the fire. It was the Division of Marine Fisheries' opinion after consultation with the Department of Environmental Protection, that portions of both closed areas could be re-opened to shellfishing because they were not directly impacted by runoff and because sufficient flushing and dilution had occurred through tidal action.Protection devices are in place adjacent to the boat yard that would prevent additional contamination. Areas adjacent to the fire site shall remain closed until such time as the Division of Marine Fisheries determines that shellfish from these areas is safe for human consumption. Under authority of Massachusetts General Laws, Chapter 130, sections 74A and 75, the status of the below defined areas has been changed to "OPEN TO SHELLFISHING." Effective as of December 22, 2003 at sunrise, the below defined area were reopened to the harvest of shellfish for direct human consumption subject to local rules and regulations under authority of Massachusetts General Laws, Chapter 130, section 52. CLASSIFICATION: CONDITIONALLY APPROVED STATUS: OPEN TO SHELLFISHING DECEMBER 22-APRIL 30 North Bay "The waters and flats and all tributaries thereto of North Bay west of a line drawn from the `NO SHELLFISHING" sign on southernmost end of Saint Mary's Island to the "NO SHELLFISHING" sign posted that the northern most point of Little Island, south of the line drawn across the mouth of Mill River and northeast of a line drawn from Point Isabella to the north tip of Grand Island." Natural.Resources Report: December,2003 • Pirate's Cove/Cotuit Bay/Seapuit River Opening: The Town of Barnstable reopened Pirate's Cove on Sampson's Island and portions of Cotuit Bay and the Seapuit River for recreational and commercial shellfishing on December 1,2003.This opening is due to approved water quality as part of a Division of Marine Fisheries management protocol for this area.The status of these areas shall automatically change to"Closed to Shellfishing"on May 1,2004 unless DMF changes the status prior to said date (DMF/SC:21.2; classified as conditionally approved). • Barnstable Harbor Opening and Shellfish Management Notice: The Division of Marine Fisheries reopened seasonally closed shellfishing areas in Barnstable Harbor and Barnstable Marshes (listed below) as of December 15, 2003. This opening is due to approved water quality as part of a management protocol for this area. . - Barnstable Harbor,North(DMF/CCB:31.1) Section 7.2.1,page 35 - Barnstable Harbor(DMF/CCB:31.2) Section 7.2.2,page 35 Barnstable Marshes(DMF/CCB:33.0)Section 7.2.3,page 35 remain closed to shellfishing until approved by DMF. Great Thatch Island and Tupper Island and related flats as defined by the Natural Resources Division shall be open for the recreational harvest of shellfish and for the commercial harvest of soft shell clams only. Hyannis Harbor Shellfishing Closure: ✓ The Breakwater: The waters; flats and all tributaries of Hyannis Harbor, southerly of a line drawn from the end of the Hyannisport Yacht Club pier to the R6 bell buoy and westerly of a line drawn from the R6 bell buoy to the end of the Hyannis Harbor breakwater (DMF/SC:27.3; classified as conditionally approved; status: Closed to shellfishing December 1 through March 31, all dates inclusive. The area shall not automatically reopen to shellfishing on April 1 and will remain closed until examined and shellfishing is allowed by DMF.). Scott Mullin's Oyster Donation: Scott Mullin gave_a gift of 100,000 high quality oyster seed to the Town of Barnstable to enhance the public oyster populations of Barnstable Harbor in return for a tax deduction. The Natural Resources Office wishes to thank Scott for his gift and interest in contributing to public oyster enhancement efforts. • Crosby Boat Yard Fire The following information has been compiled as of December 160', 2003. The fire occurred on the evening of Wednesday December 10, 2003. The.Natural Resources Office issued a Town of Barnstable Shellfish Management Closure for all portions of West Bay, North Bay, the Marstons Mills River and Prince Cove on December 11, 2003. Natural Resources posted shellfishing closure notices at area bulletin boards and notified all shellfish aquaculture licensees with sites in North Bay and West Bay of the shellfishing ban on December 11, 2003. The Massachusetts Division of Marine Fisheries (DMF) issued a superseding State Shellfish Management Closure for the above said areas on December 12,2003.The time frame for the DMF shellfish closure is indefinite at this time. DMF marine biologist Neil Churchill informed Natural Resources that the Massachusetts Department of Environmental Protection (DEP) is the authorized lead agency to oversee the implementation of an environmental impact assessment of the site and the surrounding environment. DEP contact Richard Packard outlined and briefly described the following aspects of the environmental impact assessment: Under M.G.L. Chapter 21e, CMR 310 40 and other state regulations, Crosby's Boatyard and Oyster Harbor Marine must hire private consultants and "licensed site professionals" (LSP) to analyze the site of the fire and the local environments to determine the type, dispersion and extent of pollution of various chemicals/compounds (i.e., polycyclic aromatic hydrocarbons, oil products, solvents, heavy metals, combustion products, etc.) released into the environment. The analysis will involve, but not necessarily be limited to, analysis_and assessment of:the soil; surface . : Natural Resources Report: November,2003 • North Bay and Cotuit Narrows Opening: The Division of Marine Fisheries reopened North Bay(DMF/SC23.2)proper and the Cotuit Narrows portion of Cotuit Bay(DMF/SC21.1)as of November 1,2003.This opening is due to approved water quality as part of a management protocol for this area.The status of North Bay shall automatically change to"Closed to Shellfishing"on May 1,2004 unless DMF changes the status prior to said date. • Marstons Mills River,Warren's Cove and Princes Cove Closure: The Marstons Mills River (DMF/SC23.1), Warren's Cove (DMF/SC23.3) and Princes Cove (DMF/SC23.1) are closed to shellfishing. Said areas will remain closed until examined and shellfishing is allowed by DMF. • Town of Barnstable Dept.of Public Health Shellfish Closure: The Town of Barnstable Department of Public Health has determined that a designated portion of North Bay (DMF/SC:23.2) described below still does not meet the established criteria for the harvest of shellfish due to unacceptable water quality. "The waters and flats within a 100 foot radius around the end of the discharge pipe located at the Cotuit Bay Shores Association Beach,Pt.Isabella Road(Map 74;parcel 20). • Lewis Bay Shellfishing Area Openings: The Division of Marine Fisheries has determined that the portions of Lewis Bay described below are open to shellfishing November 1st through May 31st. The status of the areas shall automatically change to"Closed to Shellfishing"on June 1,2004 unless the Division changes the area status prior to said date. Harbor Bluff, Lewis Bay: "The waters and flats and all tributaries thereto in Lewis Bay northwest of a line drawn from the end of Bayview Street in the Town of Yarmouth to the northwestern tip of Harbor Bluff in the Town of Barnstable." (DMF/SC:28.25; classified as conditionally approved.Hyannis Inner Harbor is classified as prohibited.) Fish Hills,Lewis Bay: "The waters and flats and all tributaries thereto in'Lewis Bay in the Town of Barnstable, west of a line drawn from the Town way at Harbor Bluff in a southwest direction to the Hyannis Yacht Club Pier and east of a line drawn from the end of the stone jetty at Snow's Creek to the "No Shellfishing" sign on the opposite shore." (DMF/SC28.8; classified as conditionally approved, Snow's Creek and the mouth of Snow's Creek is classified as prohibited) • Quahog Seed Propagation: The Three Bays Preservation Group (TBPG) and Natural Resources continued an innovative shellfish propagation collaboration during 2003.TBPG purchased a floating upweller system(flupsy) from aquaculture equipment supplier Atlantic Aquaculture a few years ago for NR staff to culture quahog seed in, and secured a location for the device at the Town Marina in Princes Cove this year for the first time. The flupsy is a floating shellfish seed culturing device that consists of seed containers attached to a float like apparatus attached to a pier. An inboard economical pump system brings a continual flow of naturally occurring nutrients from surrounding waters to the seed in the containers, and expels naturally occurring seed waste products back to the waters. During the early summer of 2003 the Town of Barnstable received approx. 1,000,000 one mm quahog seed (at no cost) through a municipal shellfish enhancement program administered by the Division of Marine 4 Fisheries and Barnstable County. Kris Clark involved Natural Resources staff, members of the Barnstable Association for Recreational Shellfishing and others to culture the quahog seed in the 1 Natural Resources Report: October,2003 • Barnstable Harbor Shellfishing Area Closures: The following areas are subject to seasonal water quality closure by the Division of Marine Fisheries from September 15 through December 14,all dates inclusive. - Barnstable Harbor,North(DMF/CCB:31.1) Section 7.2.1,page 35 - Barnstable Harbor(DMF/CCB:31.2) Section 7.2.2,page 35 - Barnstable Marshes(DMF/CCB:33.0) Section 7.2.3,page 35 The above listed areas shall not automatically reopen to shellfishing on December 15 and will remain closed until examined and shellfishing is allowed by DMF. • Scudder Lane Recreational Shellfishing Area Opening/Continued Oyster Harvest Prohibition Effective Saturday, October 11, 2003, the Scudder Lane Recreational Shellfishing Area in Barnstable Harbor is open for the recreational harvest of shellfish,excluding oysters. Effective Thursday, April 1, 2004, the Scudder Lane Recreational Shellfishing Area in Barnstable Harbor is closed to the harvest of all shellfish. RELAY AREA: The Scudder Lane Recreational Shellfishing Area extends from the sign post near the beach house west of the Scudder Lane Landing to the Barnstable Yacht Club pier, and extends to the Huckins Island tidal flat. OYSTERS in BARNSTABLE HARBOR Effective Saturday,February 1,2003 the harvest of oysters from Barnstable Harbor is prohibited. Oysters are required to be at least 3 inches in longest length to be legally harvested by State law. Recent recreational harvesting has removed many legal size oysters from the existing local town propagated oyster populations,leaving a large percentage of"seed"oysters.This prohibition is based on oyster seed management criteria to protect the oyster seed for long term survival and to prevent the potential unlawful harvest of seed oysters. • Scallop Season: (Tentatively scheduled pending Town Manager approval) Effective Saturday, October 25, 2003 scallops may be harvested recreationally and commercially subject to existing scallop regulations.Harvest by commercial permit on Sunday is prohibited. LEGAL SIZE SCALLOP: Must have a well defined annual growth ring. RECREATIONAL HARVEST LIMIT: One(1)level tote basket, as defined,per. week,may be harvested daily. COMMERCIAL HARVEST LEMT: Not more than four(4) level tote baskets, as defined,per day. CLOSED SEASON: April . 1 to opening date in October or November as regulated by the Town. f Natural Resources Report: June,2003 + Lewis Bay Shellfishing Closures: Portions of Lewis Bay described below are closed to shellfishing June 1st through R October 31 st,all dates inclusive.The areas shall not automatically reopen to shellfishing on November 1 st and will remain closed until examined and shellfishing is allowed by DMF. Harbor Bluff,Lewis Bav:The waters and flats and all tributaries thereto in Lewis Bay northwest of a line drawn from the end of Bayview Street in the Town of Yarmouth to the northwestern tip of Harbor Bluff in the Town of Barnstable(DMF/SC:28.2S;classified as conditionally approved). Fish Hills,Lewis Bay:The waters and flats and all tributaries thereto in Lewis Bay west of a line drawn from the Town Way at Harbor Bluff in a southwest direction to the Hyannis Yacht Club Pier (DMF/SC28.8;classified as conditionally approved). • Oyster Propagation Project: Aquacultural Research Corporation and Natural Resources,with the assistance of Americorps Members and members of the Barnstable Association for Recreational Shellfishing,.Cape Cod Academy interns and others,are utilizing remote setting techniques to propagate oysters for public shellfish resource enhancement purposes.The project is currently in progress.Nursery gear will be deployed and marked with buoys at the Scudder Lane Recreational Shellfishing Area.NR wishes to thank NR and ARC staff as well as all the volunteers who assisted the project. • Quahog Seed Propagation: During early June 2003,the Town of Barnstable received approx. 1,000,000 quahog seed(lmm) through a municipal shellfish enhancement program administered by the Division of Marine Fisheries and Barnstable County.Throughout the 2003 growing season NR will use a variety of nursery methods (floating upweller system and field trays/nets)and field sites to grow the quahog seed.Each nursery system and planting habitat is different and continued surveys and assessments will continue to be made to evaluate the performance and long term survival of the seed.The Three Bays Preservation Group has generously offered their floating upweller system to grow the seed to a suitable size for field deployment During May and June of 2003,Natural Resources procured 100,000 quahog seed(>15mm longest length)each,from Greater New Bedford Marine Farms and Cape Cod Oyster Company and planted them under predator exclusion netting at the Scudder Lane Recreational Shellfishing Area for overwintering and long term growout.Each nursery system and planting habitat is different and continued surveys and assessments will continue to be made to evaluate the performance and long term survival of the seed.Members of the Barnstable Association for Recreational Shellfishing(BARS)have provided assistance with the preparation and deployment of predator exclusion netting.NR wishes to thank all those who contribute their efforts to past and present shellfish propagation projects. The NR wishes to thank,Three Bays Preservation Group,Aquacultural Research Corporation,Cape Cod Oyster Company, George Gilmore, Cape Cod Academy Interns, the Barnstable Association for Recreational Shellfishing, Americorps Cape Cod Members and all those volunteers, interns and assistants who contributed their efforts to NR projects. I °f th Wi ommonmealth 4oWassachuzetmM lea ass Division of Marine Fisheries 251 Causeway Street • Suite 400 Boston, Massachusetts 02114 �°rMARiNE�y (617) 626-1520 Paul J. Diodati fax (617) 626-1509 Director R E �' E December 12, 2003 DEC 18 2003 Mr. John Klimm TOWN OF BARNSTABLE Town Manager Marine&Environmental Affairs Div Town Hall 367 Main Street Hyannis, MA. 02601 Dear Mr. Klimm: The Division of Marine Fisheries has determined that the below defined shellfish areas in the Town of Barnstable, West Bay(SC22) and North Bay(SC23) do not meet the established water quality criteria for "APPROVED" shellfish growing waters due to the possible runoff of chemicals and other hazardous materials from the fire at Crosby's Boat Yard. Therefore,the status of the below defined area has been changed to "CLOSED TO SHELLFISHING" until such time as the Division determines that shellfish are safe for human consumption. i Therefore,under authority of Massachusetts General Laws, Chapter 130, Section 74A and 75,.the below-defined portions of North Bay(SC23) and West Bay (SC22) shall be closed to the taking of all shellfish. Digging, harvesting or collecting and/or attempting to dig,harvest or collect shellfish and the possession of shellfish from the below defined area is prohibited. Under authority of 322 CMR 7.01 (7) all permits issued thereunder are hereby conditioned to prohibit the taking, selling or possession of shellfish from the below defined area. CLASSIFICATION: APPROVED STATUS: CLOSED TO THE.TAKING OF ALL SHELLFISH West Bay SC22 - The waters,flats and all tributaries of West Bay in the Town of Barnstable, southerly of the Bridge Street Bridge on Little Island; easterly of a.line drawn across the eastern mouth of the Seapuit River; and northerly of a line drawn from the eastern end of Dead Neck to the light at the West Bay Breakwater. OVER e � e • ® O �I I `l V 'Commonwealth 4&Nassachusetts �ey�th of Mks FF d°�wm Division of Marine Fisheries 251 Causeway Street • Suite 400 F 'N•o,� ��, Boston, Massachusetts 02114 Of ' MaR� (617) 626-1520 Paul J. Diodati fax (617) 626-1509 w b� Director VI)eelDer 19, 2003 L ` Mr. John Klimm � G 03 Town Administrator Town Hall OF BP�N ±A By D►�► 367 Main Street 10\T ,�,ron0 Hyannis,Ma 02601 Mating Dear Mr.Klimm The Division of Marine Fisheries has reviewed the December 12, 2003 shellfish closure of West Bay(SC22) and North Bay(SC23)in the Town of Barnstable that was generated as of a result of the fire at Crosby Boat Yard. The reason for the closure was the potential for contamination of shellfish due to the runoff of chemicals and other hazardous or deleterious substances during and after the process of extinguishing the fire. It is the Division of Marine Fisheries' opinion after consultation with the Department of Environmental Protection,that portions of both closed areas may now be re-opened to shellfishing because they were not directly impacted by runoff and because sufficient flushing and dilution has occurred through tidal action. Furthermore protection devices are in placed adjacent to the boat yard that would prevent additional contamination. Therefore,under authority of Massachusetts General Laws,Chapter 130, sections 74A and 75, the status of the below defined areas has been changed to "OPEN TO SHELLFISHING." Effective as of December 22,2003 at sunrise,the below defined area may be reopened to the harvest of shellfish for direct human consumption subject to local rules and regulations under authority of Massachusetts General Laws,Chapter 130, section 52. CLASSIFICATION: CONDITIONALLY APPROVED STATUS: OPEN TO SHELLFISHING DECEMBER 22-APRIL 30 North Bay "The waters and flats and all tributaries thereto of North Bay west of a line drawn from the `NO SHELLFISHING sign on southernmost end of Saint Mary's Island to the "NO SHELLFISHING"sign posted that the northern most point of Little Island, south of the line drawn across the mouth of Mill River and northeast of a line drawn from Point Isabella to the north tip of Grand Island." 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Off k � ACV- rb i. $, O •�,'x ,1 ' xr 3 ^s �. - x i* `� KIN x y T ' Town of Barnstable Community Services Department BARMABLL Marine and Environmental Affairs Division '°rEo ��► 1189 Phinneys Lane, Centerville Ma. 02632 Natural Resources 508-790-6272 Daniel J.Horn,Director Harbormaster 508-790-6273 Office: 508-790-6273 Animal Control 508-790-6274 FAX: 508-790-6275 Sandy Neck 508-790-6272 Gatehouse 508-362-8300(April—Nov) FAX TRANSMITTAL FORM Fax Number: -s-b 8 `r From: 'Tb''l A,1'L. ..,1T1 Date: 2 —(ter Urgent❑ For Review ❑ Please Comment❑ Please Reply❑ Number of pages including cover page: l Message: CA-� kv'j�-D r3A11rj 14y A,"1 h`� I...1 b U L-� �"(U U U V,0 A' _ !1 ku I Tl-t -rµ- r?64--1 A-2-e_Aee ! o ti S Ai I S `r_,;) ot-j K-S A-1 I� I °FIHKE Town of Barnstable ti Marine and Environmental Affairs Division ^B Natural Resources pr A1639�- � 1189 Phinne`'s Lane, Centerville, MA 02632 Fp µp'l J Office: 508-790-6272 Douglas Kalweit FAX: 508-790-6275 Supervisor To: Daniel Horn, Director, MEAD; Douglas Kalweit, Supervisor,Natural Resources From: Thomas Marcotti, Shellfish Biologist Date: 12/16/03 Re: Crosby's Boatyard Environmental Impact Assessment I have been in contact with personnel from various state agencies to acquire information regarding the environmental impact assessment protocols and shellfishery regulatory measures to be put into effect by authorized agencies. The following information has been compiled as of December 16th, 2003.1 The fire occurred on the evening of Wednesday December 10, 2003. The Natural Resources Office issued a Town of Barnstable Shellfish Management Closure for all portions of West Bay, North Bay, the Marstons Mills River and Prince Cove on December 11, 2003. Natural Resources posted shellfishing closure notices at area bulletin boards and notified all shellfish aquaculture licensees with sites in North Bay and West Bay of the shellfishing ban on December 11, 2003. The Massachusetts Division of Marine Fisheries (DMF)issued a superseding State Shellfish Management Closure for the above said areas on December 12, 2003. The time frame for the DMF shellfish closure is indefinite at this time. DMF marine biologist Neil Churchill informed Natural Resources that the Massachusetts Department of Environmental Protection (DEP) is the authorized lead agency to oversee the implementation of an environmental impact assessment of the site and the surrounding environment. DEP contact Richard Packard outlined and briefly described the following aspects of the environmental impact assessment: r Under M.G.L. Chapter 21e, CMR 310 40 and other state regulations, Crosby's Boatyard and Oyster Harbor Marine must hire private consultants and "licensed site professionals" (LSP) to analyze the site of the fire and the local environments to determine the type, dispersion and extent of pollution of various chemicals/compounds (i.e., polycyclic aromatic hydrocarbons, oil products, solvents, heavy metals, combustion products, etc.) released into the environment. The analysis will involve, but not necessarily be limited to, analysis and assessment of the soil, surface water and ground water at the site of the fire and bottom sediments in the Three Bays marine environment. The private r consultants/LSP must submit a plan for assessment and cleanup of pollutants to DEP for review and approval before any cleanup and remediation procedures are implemented. As projected by Mr. Packard the time frame for the assessment and analysis may take between 2 weeks and 2 months. Horsley and Witten of Sandwich, MA has been hired as the private consultant for Crosby Boatyard and ENSR Inc has been hired as a private consultant for Oyster Harbors Marine Determination for the analysis of the biota in the marine environment ( i.e., clams, oysters, etc.) for contamination is under the authority of the Massachusetts Department of Public Health and the Division of Marine Fisheries. In discussion with Mr. Packard, it is most likely that the Town of Barnstable would have grounds for compensation from the causative parties for environment assessments, . impacts, damages, remediation etc. to natural resources (under State and Federal laws). Also,under State and Federal laws shellfishermen would most likely have recourse to compensation for economic impacts to their livelihood and lost wages. Contacts: Richard Packard Department of Environmental Protection ' 20 Riverside Drive Lakeville, MA 02347 tel: (508) 946-2856 e-mail:Richard.Packard@state.ma.us Neil Churchill,marine bioligist Ma. Division of Marine Fisheries 50A Portside Drive Pocasset,MA 02559 tel: (508) 563-5138 x:125 Michael Hickey, Chief Marine Biologist Ma. Division of Marine Fisheries 50A Portside Drive Pocasset,MA 02559 tel: (508) 563-5138 x:122 L Message Page 1 of 1 Marcotti, Tom n: Churchill, Neil (FWE) [Neil.Churchill@state.ma.us] Sent: Tuesday, January 20, 2004 8:35 AM To: Marcotti, Tom Subject: FW: FYI -----Original Message----- From: Packard, Richard (DEP) Sent: Thursday, January 15, 2004 3:58 PM To: Churchill, Neil (FWE) Subject: RE: The LSP is preparing a sampling plan for soil, ground water, surface water, sediments and shellfish. He will be coordinating the shellfish sampling and analysis with you guys. I believe that he is waiting for Mike to get back from his trip. To schedule a conference call. Rich -----Original Message----- From: Churchill, Neil (FWE) Sent: Thursday, January 15, 2004 2:14.PM To: Packard, Richard (DEP) Subject: Hi so what is happening at Crosby's? Other than the fact that it.is frozen. Neil T.Churchill Mass.Division of Marine Fisheries 50A Portside Drive Pocasset, MA 02559 (508)-563-1779 Ext 125 (617)-727-0394 Ext 125 Fax(508)-563-5482 1/24/2004 Message Page 1 of 1 Marcotti, Tom n: Marcotti, Tom Sent: Monday, January 26, 2004 2:29 To: ,. Horn, Dan; Kalweit, Doug Subject: FW: Crosby -----Original Message----- From: Churchill, Neil (FWE) [mailto:Neil.Churchill@state.ma.us] Sent: Monday, January 26, 2004 1:40 PM To: Marcotti,Tom Subject: Crosby Hi, The below person is the official contact person at DEP for the Crosby's Fire Mike Whiteside is the project manager. 508 946-2704. Neil T. Churchill Mass. Division of Marine Fisheries 50A Portside Drive F -jsset, MA 02559 (508)-563-1779 Ext 125 (617)-727-0394 Ext 125 Fax(508)-563-5482 3/13/2004 Marcotti, Tom crom: Marcotti, Tom Sent:. Sunday, February 01, 2004 9:56 AM To: Horn, Dan; Kalweit, Doug Subject: FW: Crosby Update -----Original Message----- From: Whiteside, Michael (DEP) (mailto:Michael.Whiteside@state.ma.us] Sent: Thursday, January 29, 2004 9:25 AM To: Marcotti, Tom Subject: Crosby Update Tom, Performed a site visit Tuesday 1/27/04. Oyster Harbors has removed solid waste and is in the process of disposing of 2 roll off containers with lead contaminated soil/ash and debris. There property looks good. Crosby has removed solid waste and are waiting on analytical results of soil/ash. They sampled Friday 1/23/04, they should get results within a week. Once data is received they will start removing soil/ash. In the meantime, we had them install hay bales along the waters edge to prevent ash from entering the bay. Have not received any plans/reports from either ownwer/LSP yet. Expect sampling/assessment plans soon. Your best bet for more comprehensive updates is to contact the LSP's for each property. Oyster Harbors ENSR, Chris Mariano 508-888-3900 Crosby - Horsley & Witten, Mark Nelson 508-833-6600 I'll inform the LSP's (they should already know this) to keep you updated and cc you. Thanks, Mike. 1 Marcotti, Tom crom: Marcotti, Tom Sent: Monday, February 02, 2004 3:11 PM To: Lavoie, Debbie Subject: RE: Shellfish closure -----Original Message----- From: Lavoie, Debbie Sent: Monday, February 02,2004 2:17 PM To: WebRequests; Marcotti,Tom Cc: Kalweit, Doug Subject: Shellfish closure Hi Debbie, The only change I made was the"(s)"at the end of area, because there are several separate designated shellfish closure areas as stated in the first sentence. Could you please change the link on the webpage to read the following. http://www.town.barnstable.ma.us/tob02/Depts/Commu nityServices/MarineEnvironmental/shellclosure.asp f Shellfish Closure Due to the contaminates that may have entered the water as a result of the fire at Crosby Yacht Yard and adjoining Oyster Harbors Marine, shellfishing has been closed in designated areas of North Bay and West Bay. Maps outlining the specific defined area(s) are available at the Natural Office and are posted at area boat ramps. This closure will remain in effect until the area is deemed safe to reopen. Any questions call Doug Kalweit, Shellfish Constable (508) 790-6272 1 i Marcotti, Tom From: Marcotti, Tom Sent: Thursday, February 05, 2004 5:56 PM To: Horn, Dan; Kalweit, Doug Subject: LSP Environmental Assessment Update On February 5, 2004 I discussed the environmental impact assessment activities of the Horsley & Witten Environmental Firm (the "licensed site professionals" LSP for Crosby's Boatyard) that are planned by Mark Nelson of Horsley & Witten. Mr. Nelson generally explained a sampling and analysis protocol that he is seeking to get under way once the winter and weather conditions practically allow. As of 2/5/04, sampling will probably not take place until March 2004 due to current and projected ice conditions. The survey and analysis would basically begin with the following measures: The benthic substrate of numerous sites in North Bay and West Bay would be sampled and analyzed for heavy metals (i.e. , lead, cadmium, chromium, barium, etc. ) and hydrocarbons (i.e. , heavy oils, polycyclic aromatic hydrocarbons, benzopyrene, napthalene, antanthrene, phenanthrene, etc. } to create a library and concentration of pollutants that could be compared to the pollutants and concentrations in shellfish meats. Shellfish would be sampled at the same (and other) sites, and the meats would be analyzed to determine what type of pollutant from the library, and what concentration of pollutant they have accumulated. A control sampling site in North Bay (away from the fire site) would be used as a control. I informed Mr. Nelson that I would be available to supply him with information regarding .he location of shellfish resources and benthic habitats in the study area. He need only cc contact me. 1 I Marcotti, Tom From: Marcotti, Tom Sent: Friday, March 05, 2004 10:07 AM To: 'Michael.Whiteside@state.ma.us' Cc: Horn, Dan; Kalweit, Doug Subject: Update of Crosby Yacht Yard Fire Hi Michael, The Town of Barnstable is requesting from your agency an update of the current status of the environmental impact assessment regarding the impacts of the "Crosby Yacht Yard Fire" in Osterville, MA. In particular, the catastrophe has detrimentally effected the recreational and commercial shellfishery of the Town, and the citizenry is seeking information to determine the future of the shellfishery and their stake in it. Is there anything the Town of Barnstable can do to expedite the environmental impact assessment and further the responsible determinations of shellfishing area closures in these regards. Thanks, Tom Marcotti t _ 1 I Marcotti, Tom From: Marcotti, Tom .lent: Friday, March 12, 2004 12:59 PM To: Horn, Dan; Kalweit, Doug Subject: FW: Update of Crosby Yacht Yard Fire -----Original Message----- From: Whiteside, Michael (DEP) [mailto:Michael.Whiteside@state.ma.us] Sent: Tuesday, March 09, 2004 5:06 PM To: Marcotti, Tom Cc: Packard, Richard (DEP) Subject: RE: Update of Crosby Yacht Yard Fire Tom, We (DEP) have reviewed and commented on the IRA Plan submitted by Horsley & Witten on behalf of the Egan's. Our comments required the following modifications to the IRA Plan: - Installation of at a minimum 3 groundwater monitoring wells. - The inclusion of Tin and Copper in all metals sampling in addition to RCRA 8 Metals. . - More details on the handling, procedures and additives to be used for on site stabilization of lead-impacted soils before soils are transported off-site. - Changing analytical from EPH by method 8100 to method 8270. - Changing the locations of shellfish sampling and increasing the number of background samples. Xfter further discussions with Horsley & Witten and the Woods Hole Lab we are considering sampling shellfish for alkylated polyaromatic hydrocarbons by GC/MS-SIM to differentiate between petrogenic and pyrogenic hydrocarbons. We are trying to run this by Mike Hickey of Division of Marine Fisheries and Elaine Krueger of Public Health. We should give final word to Horsley & Witten this week. As of today, the groundwater wells have been installed, analytical is due back this Friday. Lead stabilization starts tomorrow. Hope this helps. Please feel free to call Joe Longo - ,Horsley & Witten for updates @ 508- 833-6600. Thanks, Mike. -----Original Message----- From: Marcotti, Tom [mailto:Tom.Marcotti@town.barnstable.ma.us] Sent: Friday, March 05, 2004 10:07 AM To: Whiteside, Michael (DEP) Cc: Horn, Dan; Kalweit, Doug Subject: Update of Crosby Yacht Yard Fire Hi Michael, The Town of Barnstable is requesting from your agency an update of the current status of the environmental -impact assessment regarding the impacts of the "Crosby Yacht Yard Fire" in Osterville, MA. Tn particular, the catastrophe has detrimentally effected the recreational and commercial shellfishery of the Town, and the citizenry is seeking information to determine the future of the shellfishery and their stake in it. Is there anything the Town of Barnstable can do to expedite the environmental impact assessment and further the. responsible determinations of shellfishing area closures in these regards. Thanks, Tom Marcotti 1 r Page 1 of 1 Marcotti, Tom n: Joe Longo Sent: Monday, March 15, 2004 1:08 PM To: Marcotti,Tom Cc: Michael Whiteside (DEP) Subject: Crosby Tom, I am sending this email in response to our conversation this morning. We intend to sample shellfish this week, hopefully Tuesday or Wednesday depending on the weather. The samples will be submitted to the Woods Hole Group Laboratory for analysis of petrogenic and pyrogenic hydrocarbons. The laboratory takes 10 business days to complete the analysis. When I receive the results I will forward them to you. Thank you, Joe Joseph E. Longo Senior Project Manager Horsley Witten Group 90 Route 6A Sandwich, Massachusetts 02563 p: 508-833-6600 f. 508-833-3150 ;o@horsleywitten.com w w.horsleywitten.com 3/15/2004 w• +y ,x G_"4.... 5101 Al•' (`'_!' t .e t , S1 kyl'4�1'r? p +'"y. - Y�:Y '1�+�$ f"1• P3 t4�+�'6 � _ � r .tr• �.�1r �,�� n f 1�� �J '� rit � _tt3 *; CtAlto • a � "7 1' r� 1 � � L �frt.''- }� A AIM ar e yh,., a EY�4 � s�rG r �` t 7K Y�✓ i 1f��1 7y_ � +f ��y � .4F11 �i4 f `{ y IV, t -3,�'kr # 'NR.�,at3l^St`�' , r:f 1R a17 � '.egend Horsley&Witten,Inc. d��:soae»csoo -....- wmvlmrsbyMron com Proposed Shellfish Sampling Locations N Proposed Shellfish Sampling Locations Crosby Yacht Yard A Osterville, MA 0 750 Feet 2/25104 Figure 4 Note:Background Sample Location at Western Side of North Bay J13163 Crosby Boat Yard\GISVocus.apr I Message Page 1 of 1 Marcotti, Tom n: Joe Longo [jlongo@horsleywitten.com] Sent: Monday, March 15, 2004 5:19 PM To: Marcotti, Tom - Subject: RE: schedule Tom, Thanks for the help. I have an update re: schedule. As of right now, we have not received final approval of locations and lab analysis from DEP via Department of Public Health. Therefore, I am not sure if we will be able to sample this week. I will let you know as soon as I am given the ok to go out and sample. Thanks, Joe -----Original Message----- From: Marcotti, Tom [mailto:Tom.Marcotti@town.barnstable.ma.us] Sent: Monday, March 15, 2004 5:05 PM To: Joe Longo Subject: RE: schedule Hi Joe, From a boat you can harvest all three areas with a bullrake anytime. By foot and in chest waders using a basket rake, you can harvest all three areas easily between two hours before and two hours after dead low. A four hour window. Low tide on Tuesday 3/16 is about 2:30 P.M.(height+0.3 ft.). Low tide on Wednesday 3/17 is about 3:30 P.M. (height 0.0 ft.). The West Bay site is the shallowest. You probably have a six hour window there. -----Original Message----- From: Joe Longo [mailto:jlongo@horsleywitten.com] Sent: Monday, March 15, 2004 2:48 PM To: Marcotti,Tom Subject: schedule Tom, Low tide is late in the day this week. Is it possible to harvest in those areas at low to mid tide? Let me know. Thanks. 4 Joseph E. Longo Senior Project Manager Horsley Witten Group 90 Route 6A Sandwich, Massachusetts 02563 p: 508-833-6600 f. 508-833-3150 jlongo@horsleywitten.com www.horsleywitten.com 3/16/2004 nki 'fit +i r l � s Ei t r a � �♦ I +k'' as aYa2 rti't !f I•.. d• �xC*'R".� a, V'K. �. `)i7} n� t NFg 4 a C �,� .aA V1�Z. ��+. = .� �:r{, tix i:., i•'S ,,emu v? ��iy�j'�!�r►.�r TV' � ��' �'i fir'�. . _ �'-''✓;� a �7v *�•r t��j;�''�e 'gt Rk} •ram = x �'i� r�r W'' � q�-� l 7 t r Is F� hR^ m�r � A -' is � - i•,,�:;,� ��" •�° �� vz s � :14 _ rr .1•`tt �t i�� 4 � + `#,�,:eStiW'�'• ♦t�, •�'., J�a}> I i � ,' ii I �t, ��'..t r � � ���,<.,r y , k'' a r p .r a i I l F M �•a a> z 4� ��+�"• ,tr y1d iar-no��'l.-t�I`�r ..a. ,+'� '7i ���1 .. # '�" �� �� "� Legend Horsley a Witten,Inc. 50ea33-66M Proposed Shellfish Sampling Locations N Proposed Shellfish Sampling Locations ' Background Shellfish Sampling Locations Crosby Yacht Yard Osterville, MA 0 1000 Feet 3115/04 ec Figure 4 J:\3163 Crosby Boat Yard\GISUocus.apr r lie ,r � :mQ-14 ZA - * Al V. 1+�� cs. �[ <.YS, ` -ti.•�'c' '-{[. e`Ilri�.' j "L 'Z '•`zi• - �;f �r S '.y. �' /4 '1 : �. r _ _ t' ♦:f(+'1 vt (+ a +1,.X , a •+ Y_ n { .: K d '"3,. 3. ( JIV �. � yr. __ ;c x r�i" � � ',a *.� � � �`zsl •k*r"rx JI`��lq+,a�. ♦ t=- - �a. � -�`t"-X-F -� -r S�t,, .�i,a i �`` r .�.+a6 i 14, 01 1z1 M; '�,. f"�.+rr'•Ca' ysr r3 1*. ♦i iv Legend Homey a fie",Ire. Proposed Shellfish Sampling Locations N Proposed Shellfish Sampling Locations Crosby Yacht Yard A Osterville,MA 0 750 Feet y Figure 4 Note:Background Sample Location at Western Side of North Bay12vT0%by BoatYffeQ f COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE 20 Riverside Drive, Lakeville, MA 02347 (508) 946-2700 MITT ROMNEY Governor ELLEN ROY HERZFELDER KERRY HEALEY Secretary Lieutenant Governor ROBERT W.GOLLEDGE,Jr. Commissioner March 19, 2004 Richard Egan, Owner RE: BARNSTABLE-BWSC Crosby Yacht Yard 72 Crosby Circle 72 Crosby Circle, Osterville Osterville, Massachusetts 02655 RTN 4-18147 IRA PLAN APPROVAL Dear Mr. Egan: On February 9, 2004 and March 3, 2004, the Massachusetts Department of Environmental Protection, Bureau of Waste Site Cleanup (the Department), received an Immediate Response Action (IRA) Plan and IRA Modification Plan (IRA-Mod) for the above referenced site in response to a fire that occurred on the site. The purpose of the IRA Plan/IRA- Mod is to determine if a release of oil and/or hazardous materials (OHM) impacted potential receptors on and adjacent to the site. The potential receptors include the following: soil, groundwater surface water, sediment and shellfish. Horsley & Witten, Inc submitted the IRA Plan/IRA-Mod on your behalf. IRA PLAN The IRA Plan that was received by the Department included the following: 1. Sampling and monitoring plan to evaluate impacts from releases of OHM caused b the fire to soils, groundwater surface water, sediment and shellfish'. y 2. A detailed site history, including, but not limited to historic uses, possible present and past sources of OHM contamination including but not limited to boat building, repair and maintenance activities, storage of paints, resins, lacquer thinners or waste material in tanks, drums or small containers. 3. A site plan identifying all proposed monitoring wells as required by the Notice of Responsibility and sampling locations and locations of storage and use of OHM. 4. A description of the response actions that were verbally approved and completed or ongoing to address the initial containment and removal actions. This information is available in alternate format.Call Debra Doherty,ADA Coordinator at 617-292-5565.TDD Service-1-800-298-2207. DEP on the World Wide Web: http://www.mass.gov/dep �� Printed on Recycled Paper i Marcotti, Tom From: Joe Longo Olongo@horsleywitten.com] Sent: Monday, March 22, 2004 2:32 PM To: Marcotti, Tom Cc: Mark Nelson; Kalweit, Doug Subject: RE:Additional Town of Barnstable Contact Person Tom, I just wanted to let you know that DEP approved the locations and analysis today and plan to begin sampling tomorrow (weather/tide dependant) . If you have any questions contact me anytime. Thank you, Joe Longo -----Original g.nal Message----- � From: Marcotti, Tom [mailto:Tom.Marcotti@town.barnstable.ma.us] Sent: Monday, March 22, 2004 1:41 PM To: Edwards, Roberta (DEP) ; Miorandi, Donna; michael.hickey@MassMail.State.MA.US; Krueger, Elaine (DPH) ; mnelson@horsleywitten.com; Whiteside, Michael (DEP) ; Churchill, Neil (FWE) ; jlongo@horsleywitten.com Cc: Kalweit, Doug Subject: Additional Town of Barnstable Contact Person In addition to Tom Marcotti, please send correspondence regarding the Crosby Yacht Yard and Oyster Harbor Marine fire and environmental assessment studies to the following Town of Barnstable personnel: Doug Kalweit, Supervisor, Natural Resources 1189 Phinney's Lane Centerville, MA 02632 P:508-790-6272 F:508-790-6275 Doug.Kalweit@town.barnstable.ma.us 0. I 1 P��FtHEpO�y TOWN OF BARNSTABLE OFFICE OF BA AO MA68. BOARD OF HEALTH .� 1639. ` 367 MAIN STREET IN 6 HYANNIS, MASS. 02601 October er- 10, 1989 Mr-. Richard B. Egan 72 Crosby Circle t:J:::sterville, MA 02655 NOTICE TO ABATE VIOLATIONS Dear- Mr. Egan : , On Friday, October 6, 1989, Donna Mi.orandi , I...leal.t.h Inspector for tl-ie Town of Barnstable, performed an on-site inspection with i.._t:. Wilcox and Capt. Whiteley of thie r_:1s:sterville Fire Department for thie purpose of determining the status of the two 2) c.uad r-grounri gasoLine,,At-or age tanks on the property of it 08 Wq ak _ Pa:y_ Road �Ost:er wx.l. l-- l.:i.stt•::d on Assessor' s Map ].].6 aR known as Parc.el According to the Town of Barnstabl.e' s Health Regulation Regarding Fuel. And "Chemical Storage Systems "no tank may be -abandoned in place" . .You are directed to obtain a removal permit from the Oster-v.i.l. le Fire Department and . have the tanks removed by November 16, 1989. While on site the following violations were also observed : ARTICLE X X X i X . CONTROL L OF TOXIC: AND HAZARDOUS S MATERIALS. Section 5 (c ) . The Board of Health requires that containers of toxic- or hazardous materials be stored can an impervious, c:hiemi.c:al ress:i.s;tant surface compatible with the material being stored , and that provisions be Made to contain the product in the case of acc::ident-.al. spillage. Outdoor storage of toxic or hazardous materials is prohibited , except in product-tight containers whii.cha are protected from the elements, leakage, accidental damage and vandalism, and which are stored in accordance with all applicable requirements of Section 5 of this bylaw. There are many (approx . 20) bb gallon drums stored on site (some of which are open) as well as approximately 20 batteries also c:utsside` on the. ground . Mi'SSAt:.'.F. USETTS HAZARDOUS WASTE REGULATION: 310 CMR 30.680, 30.690. Each container and tank: must be clearly and . ,visibly libelled t-hr-oughiout the period of accumulation with the following : t::hle words "HAZARDOUS WASTE" --the waste (e.g ,waste oil , acetone) the type ;of hazard (s) (e.g . , ignitable, toxic , dangerous when wet, cokosive) -date on which the accumulation began . Each container must be in good condition . The drums were unlabelled as indicated above and many of the them exhibit advanced stages of corrosion . Wastes containing toxic or hazardous materials shall be removed and disposed of in accordance with the Massachusetts Hazardous Waste Management Act. Ch. 704 of the Acts of 1979. You are directed to correct these violations within thirty (30) days of receipt of this notice. Please be advised that failure to comply with an , order could result in a fine of not more than $200. Each separate day' s failure to comply with an order shall. constitute a separate violation . PER ORDER HEALTH Thomas A. McKean Director of Public Health cc : Lt. Glenn Wilcox and Capt. Whiteley, Osterville- Fire Department I i i I i 1701A553D q . a Mz TTF -. Or V, ti SK _ a ae , ie�a v� �,,' �g:� �. 01 AIR NI 5 IQ �" 1 pi are o 1 x q a '?t3�,.� c,. -elfa to M. It 09 w Weill� x +4 ti,? �*#.,� a �`,. ce � �� L,pk": B �'-� � x ,. �'; - w •�� - .-� .ree - < y � � c ct #'��.rt -a tt�, p.' egnow�,. y �'+rss.x. a y r-, '�f'c5' .,.,.. {• x `e .,�. t, % N � ,� �s^". � -"$�•N�. fi., gP'. zc�, "`.a �, i; kr�+j� _ r� +-°`�' �. C' A14 •Cape Cod Times FRIDAY, DECEMBER 12, 20( Firem, Investi* gators rubble continued from A-1 off the fire or where in the huge shed it might have started.They said they have not ruled out ar- son. ! "We're looking at all different T x causes, whether it's accidental or intentional,"he said. 4' Farrington said the fire -the largest in his 38 years at the de- partment could have been °z much worse.The wind was min- imal and blowing in a favorable direction. No fire spread to the multimillion-dollar homes that ring the yards. No one was in- jured. Checklists and interviews „P Inspectors will look at a laun- dry list of things that could have set off the fire.The possibilities range from spontaneous com- bustion to electrical problems, to heating devices used to shrink-wrap boats for storage to a dropped cigarette. Yesterday, amid howling wind and occasionally heavy rain, the investigation focused on interviews of yard employ- PAUL BLACKmoRE ees, residents and witnesses, as well as getting heavy equipment Smoke and steam rise from the burning Crosby Yacht Yard aboul2 a.m.yesterday morning.Firefighters from Falmouth to Yarmouth helped contain the flames. in place. Coast Guard workers also president of the yard, said in a at the adjoining Oyster Harbors owners called and visited the Mark Macallister, an Oster- because of the old wooden laid out protective booms to statement.Among them were 20 Marine, plus a storage rzck yard to see if their boats sur- ville resident who grew up structures and fuel-filled boats. keep fuel spilled into the water of the famous Wianno Senior stacked with boats. Most craft vived. around the yard,said the losses Every one of their trucks car- from spreading. sailboats the yard has built lost were wooden sailboats. John Hoagland, who stores were as much sentimental as fi- ried a plan for fighting it.They Today bulldozers and cranes since 1914. Michael Arel,Oyster Harbors his Crosby Striper at the yard, nancial. drilled for it.They scouted the will make"a clean sweep"of the "We are already planning to Marine service manager, said said he didn't yet know the fate "There's a lot of history that area to plan tactics for it,Rogers main shed and start the forensic rebuild,"Egan said in the state- only a small percentage of the of his boat. went up with the Wianno Se- said. scene examination, Farrington ment, "and we will do every- yard's 360 boats were de- He said his boat was insured, niors,"he said Dan Schadt, manager of the said. thing we can to help our cus- stroyed. as were most of the other non- For the firefighters, Wednes- Northside Marina in Dennis, "Phis is a multimillion-dollar tomers whose boats were lost." The rainswept yards were a wooden ships. Owners would day's fire was the blaze of their said fire is the biggest concern loss here,"said Jennifer Mieth, Egan declined to estimate the scene of devastation yesterday have to pay a small deductible lives. at this time of year, with most spokeswoman for the state De- total financial loss. morning. and would be reimbursed for More than 110 firefighters re- yards packed with boats stored partment of Fire Services."This The yard's Web site lists boats Smoke wafted from pockets the rest. sponded, bringing 19 pieces of for the winter. is a significant fire investiga- for sale ranging in price from in the ash. Boats were reduced But for owners of the vintage equipment from departments Paints and resins are sup- tion.They're a long way from less than $10,000 to almost to a few blackened ribs.A tree wooden boats,he said,the reim- from Falmouth toYarmouth. posed to be stored in a flamma- determining the cause of the $800,000. stood shorn of many of its bursement probably would not Firefighters said they poured ble locker,he said.But the boats fire" The total value of the land branches. come close to the replacement 5,000 gallons of water a minute are often racked one on top of Vow to rebuild and buildings is nearly $3 mil- One shed was almost disinte- cost. on the blaze. the other or packed tightly side- lion, according to the Bamsta- grated, the shingles of its roof A lot of people are going to The COMM Fire Department by-side. The Crosby Yacht Yard lost ble assessor's office. smoldering on the ground. take some pretty big losses," had been preparing for this fire "When the fire starts,"he said, about 50 boats,Greg Egan,vice The fire consumed one shed Throughout the day, boat Hoagland said. for years,said Lt.Brady Rogers, "it's so easy to spread." Boats.m Wianno Seniors cherished JFK's favorite sloop continued from A-1 been racing ever since 1914. Survives inferno F4 Some fleets race out of Wianno Kennedy Shriver, was also de Yacht Club,others out of Hyan- stroyed. - nis, Hyannisport, Bass River By JACK COLEMAN If the centerboard is down, Generations of Kennedys and Stone Horse Yacht Clubs, STAFF WRITER a Wianno Senior draws about have sailed on five Wianno Se- A Homor said niors owned by the family.The Although other Kennedy 6 feet of water,but with the _ _ They aren't luxury boats that boats were lost in Wednes- board up,a mere 18 inches. Resolute was about to enter its vli are lavishly adorned,but rather 40th year. ''�� accessible and fun to sail. Re- days fire,John F.Kennedy's The Crosby family was " beloved wooden-hulled sloop "very proud of the fact that This was a big anniversary cently, two were up for sale in survived the spectacular you couldn't tip it over"and for her,"Chris Kennedy said."It �""'®'"°""" Y =, was a big part of our life. WoodenBoat Magazine for blaze. once offered to pay$1,000 to $16,500. "We learned from our ar- „, The Victura,a 26-foot Wian- the person who could,Gargan P i; "The designs are still held in no Senior built at the Crosby said. ents, we taught our kids, we File photo by RON SCHLOERBICape Cod Times high regard,"WoodenBoat Asso- YachtYard Joseph bonded with our friends and we ciate Editor Tom Jackson said. raced on it.It was a family boat A FABLED SAILBOAT "The have an excellent re uta- and given by Kennedy paid more than anything else" tion." P Joseph boat$600 for the The Wianno Senior didn't are wide,heavy and able to Kennedy to boat a e it t There was a desperate battle "�' Crosby Yacht Yard was a Os- his oldest and gave it to to save the boat yards. come just out of the mind of avoid shoals-perfect for shal y g sons,Jose h his two oldest Y terville mainstay long before More than 110 firefighters one person.Avid sailors who low shores and rocky seas. P g the Wianno Seniors came about. Jr.and Jack Gargan from the Centerville-Osterville- tired of racing each other on Above are a Wianno Junior and , sons, ar g mismatched boats went to H. Senior,current) on exhibit at The current business today has was undam- �- said. Marston Mills fire district and y been in operation since 1850, aged. The name other Cape Cod departments Manley Crosby in 1913 for help. the Osterville Historical Society g P P but boatbuilding goes back John Victura is said were called to the scene.The They wanted the same boat Fiberglass models took over Y more generations than that. Kennedy to derive from fou ht the blaze as small a lo- and riggings for each person. where wood left off in the mid Y g xP Jesse and Daniel Crosby captained Latin for sions popped inside the burning A year later,more than a 1980s,but the boat has re learned the trade in the late P . ' " buildings. dozen were purchased for$600 mained a popular vessel.Nearly the Victura to __ �., about to con- One firefighter,Chris Adams, apiece. 200 have been built. Y g q g Almost nine decades later, Above,a Wianno Junior and a business in Centerville, ac- victories and Members of used his private vessel to haul cording to WoodenBoat Maga- taught his _ - -< - the Kennedy boats away from the burning the sleek sailboats are still a Senior are on display at the Os- zine. g Y sheds.He towed them from one popular Cape Cod boat.They terville Historical Society. wife,Jacque- President Kennedy and first family sailed The Crosby Catboat was in- line,to sail lady Jacqueline Kennedy dur- and raced the side of the small inlet that sepa- troduced in1798. It was a hit aboard the ing one of their many outings boat until rates North and West bays to the first as a fishing vessel,then as craft.He aboard the Victura. 1980,when it other, said James Crocker, a tion. boats,"Homor explained."If you a fine sailing experience.The treated fami- was donated COMM prudential committee "That's every single boat that want to have a good boat race, family name and reputation ly and friends to jaunts on to the Kennedy library. member. raced in recent years," Bacon you like to have all boats that spread. Nantucket Sound well into Kennedy was so fond of the "It was pretty wild," said said. are the same" At one time there were five his presidency. Victura that he frequently Townsend Horner, property Ideal boat design And so Crosby came up with different boat shops with vary- The Victura was not stored drew doodles of it,Scanlon manager and board of director a design. Fourteen people paid ing Crosby connections. Oyster in an area affected by the fire said,even during periods of of the WiannoYacht Club,which Association Chairman $600 apiece for their Wianno Harbors Marine was once and will remain at the boat- intense stress such as the is across the street from both George Edmonds Jr. said his Senior,according to an article in known as Chester A. Crosby & yard,according to Ann Scan- Cuban Missile Crisis. yacht yards."There was a lot of boat, the Cirrus, was damaged WoodenBoat Magazine. Sons. lon,director of communica- "It represents President fire,a lot of heat" in the fire. It was built in 1965 "The Seniors are an amazing They later came together un- tions at the John F.Kennedy Kennedy's lifelong love of the About 50 boats from Crosby and family members have been boat because they come out of a der what is now known as Cros- Library and Museum in sea,"she said. Yacht Yard were destroyed, in- sailing it ever since."We had it great tradition,"Chris Kennedy by Yacht Yard.It was the largest Boston. The boat is kept at the cluding 20 Wianno Senior sail- for so long,but that's just what said."The boat wasn't built by boat yard in Osterville and The late Dave Powers,the Crosby yard each winter and boats. Most were in dry dock happens,"Edmonds said. the boat yard exactly, it was among the biggest business in library's first curator and a brought to the Kennedy li- storage."I don't think this is go- Crosby Yacht Yards has been commissioned by a communi- town. long-time Kennedy friend, brary every May,where it is ing to destroy the class but it making the Wianno Senior sail- ty." "The Crosby yard has an ex- used to say the Victura"was situated outside the library at certainly is going to shrink it for boats since 1914. Heavy, wide Over the years,192 have been cellent reputation going a long really a thread throughout a spot overlooking Boston a bit,"Horner said. and able to move over shoals, built, according to Wianno Se- ways back,"Jackson said."You (Kennedy's)life,"Scanlon Harbor.Its maintenance costs The loss could be devastating they are perfect for local waters. nior Class Association.The ma- run into the Crosby name every- said. are covered by the Kennedy to the small group of sailors "It's a good design for these wa- jority are wooden-hulled, but where you go." Joseph Gargan,a Hyannis- Library Foundation. who race Wiannos locally. ters,"Bacon said. fiberglass models have slowly The boat yard is as much a port attorney,and first cousin David Smith,an aide to There are only about 60 that In 1913 a group of residents been garnering favor since Kennedy tradition as sailing. of U.S.Sen.Edward Kennedy U.S.Sen.Edward Kennedy, are in good enough shape to approached then-owner H. about the mid-1980s. Chris Kennedy said as a child who spent many hours on the said Kennedy"regrets terribly race,which means up to a third Manley Crosby and asked him Racing since 1914 he used to spend time hanging Victura over the years,said the tragedy at the Crosby of the racing fleet could have to build a one-design boat be- out at the yard, especially on Wianno Seniors were de- YachtYard,but is obviously been destroyed, said Carter S. cause they were tired of racing Wianno Seniors are in ports rainy days. His kids did the signed for the choppy and of- relieved that an important Bacon Jr., treasurer and secre- each other on different equip- from Cape Cod to Italy, but same this past summer. ten shallow waters of Nan- part of his family's history tary of the Wianno Senior Class ment. mostly in the northeast. "When we think of Cape Cod, tucket Sound. was spared" Association, which is a non- "Prior to the Wianno Senior, A group known as the Wian- we think of Four Seas,Baxter's profit sailboat owners associa- people had odds and ends of no Senior Knockabouts have and Crosby's,"he said. CROSBY YACHT YARD HISTORY ■VC39:The Rev.Thomas Cros- mally established.The Crosby Wianno Yacht Club. Yacht property to conduct land- ■1977:Richard B. Egan purchas- Yard in Osterville.Appr by settles in Eastham. He dies Yacht Yard is the oldest boat- ing boat training for the Nor- es the 127-year-old Crosby mately 50 luxury boats in 1702. yard on Cape Cod and becomes V 1932:John F. Kennedy is given mandy invasion. Yacht, Inc.for$370,000. damaged. famous for producing the Cape a 26-foot Wianno Senior,the ■1732-1804:Jesse Crosby be- Cod Catboat. Victura, by his parents for his ■1972:The boatyard is sold to ■1979:Crosby Yacht Yard be- Compiled by Robin gins building boats in Oster- 15th birthday. the Mid-Cape Boat and Yacht gins building custom yacht Smith-Johnson ville after his return from the ■1914:The Wianno Senior, a Co. in Cambridge for$188,000 club launches. Revolutionary War. class of racing yacht, is designed 0 1940s:During World War II, and the name changes to Crosby Sources:Cape Cod Tirr by H. Manley Crosby for the the Army Corps of Engineers Yacht Co. ■Dec.10,2003:A five-alarm Archives, www.crosby ■18.5&Crosby's boatyard is for- takes control of the Crosby fire destroys the Crosby Yacht www.jfklitary.org 4Y, DECEMBER 12, 2003 Cape Cod Times■Al3 In a frcc markct, THOUGHT ainin Stopcom FOR THE aY . bcncfitshavc1�lE't't'rile )C<lTC�llll :Illy organizing costs start fC't)lll welch all the otLls s Wal-Mart Good for Ameri- the road,people will be saying"Val Spring:ill' II11 dtlt'ilC( �11>) 11l..l- ince none of the Democratic you.We know that now. ca?'That is the headline on a Who?" candidates have delivered it,I'm This,too,we know:all economies, NewYorkTimes story about With Wal-Mart,as with A&P before 11eS5" E' writing a speech to young peo- left to themselves,eventually squeeze the country's them,the big bugaboo is that their low 1 i az h ifl a, ple. (Part I was printed in last the life out of labor.America became a largest retailer. prices put competing (;zeds autlrot((p3: 19.',4i. Friday's column.) beacon to the world by harnessing the The very idea that stores out of business. How has it come incredible productive third parties should Could anyone ever i about that our econo- power of industrial be deciding whether have doubted that w HAT my,which enabled a 1Z capitalism with a Bov- a particular business low-cost stores win a't man working at a t' ernment committed to is good for the whole customers away from �HEM SAY Ford Motors Co. any - country shows in- higher-cost stores? a decent life for an plant in the 1960s to one willing to work credible chutzpa.The THOMAS SOWELL It is one of the ifew Lean exceipt from a rc(oif support a family on - hard and play by the people who shop at painful signs of the ncivspapet editorial: his salary alone,has LAVA),ENCE BROWN rules.The conserva- Wal-Mart can decide whether that is immaturity and lack of realism among Sir .I,n4ka Da.ghlade, deteriorated to a tive assault on govern- good for them or not. the intelligentsia that many of them re- Stockholm,Sweden: point where people ment is the political But the intelligentsia are worried gard this as a"problem"to be"solved" working two jobs can barely support expression of a corporate assault on la about something called Wal-Mart's"mar- Trade-offs have been with us ever espite prospects dthe g o 1 Y pp communists fa ' a nat- themselves. Has America become bor-on people like you. ket power."Apparently this giant chain since the late unpleasantness in the Gar-sells 30 percent of all the disposable dia- den of Eden.How could industries have Dural death,Russae has tak poorer? We've been afraid to explain this pers in the country and the Ilmes re- found all the millions of workers re- en a step back in demoa-atic de- Quite the contrary.When the Great clearly-afraid to be called the ene- porter refers to the prospect of"Wal quired to create the vast increase in out veloprrtents.Liberal melsages Depression hit us,the stock market fell mies of capitalism,afraid to lose the Mart amassing even more market pow- put that raised American standards of were not high on the agenda;on from its maximum of today. points.It corporate campaign donations.That, er." living over the past hundred years,ex- the contrary,messages echoing f hovers around -fob today.Oh no, too,is our fault. Just what"power"does a sales per- cept by taking them away from the the past were those that brought we're quite rich-fabulously so. So We have ea quarrel with capitalism tentage represent?Not one of the peo- farms? home the electoral glory. what has happened? -or with wealth.We have a quarrel ple who bought their disposable diapers Historians have lamented the plight of Great hopes are being set on a Vhi spending the last 20 years rail- with unfairness..We've been proud are patriots.We at Wal-Mart was forced to do so.I can't the hand-loom weavers after power solid majority to facilitate market ing against welfare and the distribution love our country.W remember ever having bought anything looms began replacing them in England. economic reforms.It's p(ssible._ of our hard-earned money to the poor, that America offers a fair proportion from Wal-Mart and there is not the But how could the poor have been able At the same time questioi marks we've actually been squeezing the mid- of its abundance to the workers who slightest thing that they can do to make to afford to buy adequate new clothing are growing with regard:to the it dle and lower classes and funneling produce its goods and service its me. unless the price was brought down to future. wealth upward. needs. The misleading use of words consti- their income level by mass production In Russia,a weak cent al pow- During the last 40 years,the gap be- Now,America is beginning to break tutes a large part of what is called anti- machinery? er,dominated by the infltence of t tween the wages of workers and cor- its promise to ordinary people.Nobody trust law."Market power"is just one of Judge Robert Bork once said that competing oligarebs,hasbeen re- Porate executive officers has in knows this better than you do.You those misleading terms.In anti-trust lin- somebody always gets hurt in a court placed by a strong contra:power creased five times.This has been done can't find full-time work.You can't find go,a company that sells 30 percent of room.Somebody always gets hurt in an with President 1'tttin as tie lead under the cover of a continual bar- affordable places to live.You can't get the disposable diapers is said to"con- economy that is growing.You can't keep ing man,but without a clear dis rage of anger from the right-broad health protection.You are called"asso- trol"30 percent of the market for that on doing things the old way and still get tinctian between the legislative, cast over a thousand talk radio sta- ciates"so you can be cheated out of product.But they control nothing.Let the benefits of the new way.This is not executive and sentencing pow- tions-that your hard-earned money overtime pay.And$10 an hour is con- them jack up their prices and they will rocket science. ers.It doesn't look good. is being given away to the undeserv- sidered a generous wage. fend themselves lucky to sell 3 percent of But apparently some people just ing poor. If I'm describing your life,it doesn't the disposable diapers.They will discov- refuse to accept its logical implications. TODAY to your jobs.From a corporate matter if you're gay or straight,black er that they are just as disposable as Unfortunately,some of those people are 1 O DAY IN point of view,the ideal employee would or white,Asian or Hispanic.You have their diapers. in Congress or in courtrooms practicing work continually,and for nothing. to storm into the Democratic Party,pile Much is made of the fact that Wal- anti-trust law. HISTORY That's where it's headed-to bring you into neighborhood democratic commit- Mart has 3,000 stores in the United And then there are the intelligentsia, into line with the global labor market tees,shoulder behind the wheel and States and is planning to add 1,000 perpetuating the mushy mindset that en- Dec.12,1897,"The Katzenjam as fast as can be done. begin to drive this bus where you want more.At one time,the A&P grocery ables this counterproductive farce to go mer Kids,"the pioneering comic i, The Republicans will never apolo- it to go. chain had 15,000 stores but now they on.This refusal to accept the fact that strip created by Rudolph Dirks, gize for favoring investors and man- Stop complaining and start organiz- have shrunk so drastically that there benefits have costs is especially preva- made its debut in the New York agers over people like you.It's the De- ing.Cover your neighborhoods door to are probably millions of people-espe- lent in discussions of international trade. Journal. mocrats who owe you an apology. door;drive people to the polls;register cially in the younger generation-who President Bush's ill-advised tariff on for- In 1913,authorities in Florence, We've taken corporate money and bel- to vote. don't even know that they exist.An eign steel was a classic example of try- Italy,announced that the"Mona lied up to the trough next to the Repub- Economics isn't physics.The econo- anti-trust lawsuit back in the 1940s ing to save jobs'in one industry by poli- Lisa,"stolen from the Louvre licans.We said we'd fight for you-and my we're getting isn't an inexorable claimed that A&P"controlled"a large cies which cost far more jobs in other in- Museum in Paris in 1911,had i; then we didn't.That has to change, fact of nature.It's subject to political share of the market for groceries.But dustries making products with artificial- been recovered. starting right now. pressure. they controlled nothing.As the society ly expensive steel. around them changed in the 1950s,A& Fortunately,he reversed himself.Is it So,on behalf of what should be the In other words,it's up to us.To believe Democratic Party,please accept my that-and act accordingly-is the most Coming P began losing millions of dollars a still news that there is no free lunch? g Sunday deepest apology.We started off as the deeply American thing you can do. year,being forced to close thousands of Military and the Environment: party for the working stiff and we lost stores and become a shadow of its for- Thomas Sowell,a nationally syndicat- Pentagon,environmentalists bat- t our way.When you needed us,we were Lawrence Brown of Hyannis teaches mer self. ed columnist,is a senior fellow at the tle over training impact, having lunch with your corporate boss. humanities at Cape Cod Academy in Let the people who run Wal-Mart start Hoover Institution,Stanford University, Forum,F-1 Please come back;we'll change.We Osterville.His column runs every Fri- believing the talk about how they"con- Stanford,Calif.94305.His column runs trot"the market and,a few years down want you back and can't live without day.Call him at 508 771-5096. Fridays in the Cape Cod Times. ihVVen Pizza LdCIF}LS The Closer You Look, The Better We Look High Quality,Large Selection,Low Prices on Nautical Theme Jewelry 8 14K Gold,Sterling Silver&Venneil C OvenpiZ2e t �' Bracelets,Earrings,Pendants,Slides r w Necklaces,Brombes NY Strip Sirloin At Radisson Hotel Many Nautical Themes $9.95 l yanough Rd. (Rt.28)Hyannis „ w/baked potato 508-790-5353 4"a with this ad til 1/31/04 xase retal 807 Route 28w South Yarmouth 800 362-7445 3 auYizal j6_iev 1 Gillis c c°ca9 roseetal'e ed .. • p I ry Qom Shop onlim or come in to store "0 A Sparkling Duo for Christmas . These beautifully designed and painted bells are a must for any tee" time but especially Christmas. The large Bell, standing 4'/2 inches, is in our popular Cranberry and shows a horse drawn sleigh full of gaily dressed people. The small Bell,with a silver cap is an eye pleasing Blueberry. It has a young lad dragging a freshly cut Christmas Tree. Both Bells were designed and hand painted by Eileen Neary " and are limited to 250 pieces each. Order kF. yours early,your intended recipient ME RC HA N of this gift will be pleased you did. ALL D1SE`; T. CRYSTAL Gift Shop Open: Eve— ,/ r Candle BY. 9 AM 6 PM Daily • 10 AM-6 Pm Sunday � Glass Blowing:Monday-Friday • AMERICA'S OLDEST GLASS WORKS www.pairpoint.com Every Holidqv Deorwa+101-1 Route 6A,Sagamore,MA 02561 (Route 6-Exit 1,opp.rear of Christmas Tree Shop) EveryCandle Hl)11-800-899-0953 (508)888-2344 • Fax(508)888-3537 i m E yr Gift 7' TURBOO AIR HOCKEY SLATE POOL TABLE SALE!! ` �* DEEP RINK TABLE SAVE$300 TO$600 Delivered& Professionally Installed - • bounce aluminum railing system Go olonial Candk • Goal forward allows for realistic play behinds goals ' • LED scoreboard with game clock, f — voice announcer and sound effects $499 - ® o ae o SLATE BUMPER POOL TABLE ' Reg • Regulation Size • Balls &Cues included These Locations Only: $599 • Table Weight of 203 lbs. $ lIyannis 388 Main St 771-2790 6 g 9 (across from Post Office) Delivered & Falmouth 234 Main St • 457-6243 I Installed POOLS Yarmouth 589 Rte 28 778-6006 T S PATIO Cape All Sales Final y f p Exclusive Authorized Olhausen Pool Table Dealer for the Ca &Islands 'Sale NOT at our 232 Main St.H annis-Gi t Sho Location. World's Largest Home Pool Table Manufacturer 862 508. .244®, *Not to be combined with other offers,promotions, or discounts. Prior sales excluded. i Rd.•Rte.28•Hyannis•Mon.-Sat.9:30-4:30•Sun.11:00-3:00•Closed Tues. a a ` Joy �,. Of jazz Teen musicians say they like the freedom of the music. CODTIMES : CAPE CapeWeek TODAY'S WEATHER The Cape and Islands'Daily Newspaper®?UOJ Partly sunny,windy,mid-40s/8-14 1 pages Friday,December 12,2003t t l 1 CROSBY YACHT YARD FIRE t } , - x �y KEVIN MINGORA/Cape Cod Times Yesterday's rain dampened the ruins of storage sheds and more than 50 private boats that had been stored at the Crosby Yacht Yard and Oyster Harbors Marine. • Sturdy Wianno boats, Ostcrvillc aZe now lost, helped foster • mnvcost ml lons Kcnncdys' lovc of sea By MARC PARRY By EMILY C. DOOLEY ` ' STAFF WRITER STAFF WRITER OSTERVILLE-State and fed- t` OSTERVILLE - When Ethel t eral investigators yesterday _ Kennedy first sailed on the searched for the cause of a five- NBay OSTERVILLE Res- olute, she crossed from Martha's p. alarm fire Wednesday night that Sri a Vineyard to Cape Cod during a hur- b caused what one fire official esti St ; 'Wes ricane. mated would total millions of 1 d She was in her 20s and newly dollars in damages at the historic 1 - married, but the storm didn't turn CrosbyYachtYard. Oyster Bayt her away. The state fire marshal's office, Harbors The wooden Wianno Senior sail- the federal Bureau of Alcohol,To- -� boat was part of a family tradition. bacco and Firearms and local de- vie Pie• I N S 1 D E But the Resolute is no longer. partments all sent inspectors to N The boat was among about 100 the scene yesterday. 6A At ear A ■A sailboat that was destroyed in a five-alarm fire that The fire appears to have start- 1/4 mile largest boat shed, 28ard's lar the n i `- given to a young John F. swept through sheds at Crosby ed y g _ ;. TERESA MACHIE Kennedy,seen above in YachtYard and Oyster Harbors Ma- Centerville-Osterville-Marstons Cape Cod Times a 1946 photo,survived rine Wednesday night. Mills Fire Department Chief John f Barnstable the fire intact. "Nobody sailed on a Wianno Se- Farrington said. detail f nior more than my mother,"Ethel's It consumed about 30 boats ■ Many boats in the son Chris Kennedy said last night. and a paint shop in that building Wianno-class racing "In some way, a piece of history and spread to two other sheds at tanks still filled with fuel. fleet were destroyed in burned" PAUL BIACKMORE the yard and one at the adjoining Farrington said investigators the blaze. Head Start, owned by Eunice Flames lit the sky Wednesday night as firefighters Oyster Harbors Marine. The have yet to determine what set fought to contain the blaze at the Crosby Yacht Yard sheds were packed with boats _. Page A-14 Please scc BOATS/A-14 and Oyster Harbors Marine. stored for the winter, some with Please see FIRE/A-14 Fund pays SEXUAL PREDATORS r GAY MARRIAGE Advice C-5 Senate • Business B-10 State emer enc n rs have Cape & Islands A-3Classifi DA. ff de emergency Oe i dental bill Comicsed B_88 • Lifestyle/Arts C-1 asks SJC view By MARC PARRY weeks 2 to rg e aster Lottery A-2 STAFF WRITER Movies CapeWeek' • • • She wanted to Needy Obituaries C-6 f 1 e1�� union stay independent IIIMichael OKeefe offenders. Opinion A-12 On 1 as long as possi- Fund District Attorney Michael O'- Sports B-1 ble. announces an amnesty Keefe yesterday announced that Stocks B-12 By DAVID KIBBE Even after the period before beginning sex offenders living on Cape Television B-9 TIMES BOSTON BUREAU Cod, Martha's Vineyard or Nan- 83-year-old Weather B-14 BOSTON-The state Senate yesterday woman's hus- Capewide crackdown. tucket have until Dec.29 to reg- Write to Know C-7 gave initial approval to civil unions for Z ister work and home addresses band died,even gays and lesbians,and requested an advi- PLEASE GIVE B AMANDA LEHMERT with the police. after she became Coal:=375,000 STAFF WRITER Meanwhile, police officials sory opinion from the Supreme Judicial mentally dis p 3 1 2 1 2 Court on whether such a classification abled,she insist- Puised:$125,554 FALMOUTH-Convicted sex- will use data provided by the would satisfy last month's historic ruling ed on living alone. ual predators have a two-week state Sex Offender Registry on gay marriage. Her SouthYarmouth daugh- amnesty period to register with Board and their own research to Lawyers for the seven gay couples who ter obliged-until she came out local police before Cape and is- determine how many unregis- sued the state for the right to marry have lands law enforcement agencies '� Please see NEEDY IA-8 begin a sweeping crackdown on Plcam,sec REGISTRY IA-7 1 o s o 0 0 o i Please see CIVIL UNIONS IA-10 A2 •Cape Cod Times FRIDAY, DECEMBER 12, 2003 IN TOMORROW'S PEOPLE CAPE COD TIMES We're gearing up for the Second Take "Lord of the Rings"finale All in the Jackson family with a test,trivia and much more Michael Jackson's parents say he's innocent of In ARTS&ENTERTAINMENT the child molestation allegations against him, and have offered to adopt his children if they're taken away from him. "Some people are trying to accuse him of be- ' gcnticr ing a pedophile, and that is not true,"Katherine CAPE COD Jackson said in an interview airing at 10 tonight on ABC's"20/20" Saudi police trained to be more polite "You worry, he was strong, ,' said,`Mother, TIMES don't wo it's not the truth,' "Mrs. Jackson said. "But I told him you don't know these www.capecodonline.com wicked people, the people are just mean and wicked." How to reach us THE ASSOCIATED PRESS "We have gone beyond intentions," said al- "Knowing Michael,as a father,I know that he AIRO, Egypt - Saudi Arabia's religious po- Ghaith."We are always seeking to develop, mod- doesn't do things like that,"Joe Jackson added. Main number lice - long resented for intimidating people ernize and adjust the laws concerning the commit- "His mother knows it,too" 508-775-1200 and meddling in the tiniest details of life - tee according to what's needed." The pop singer was booked Nov.20 on suspi- 1-800-451-7887 are being trained to be more courteous in their job Traditionally,the Saudi government has resisted cion of molesting a boy at his Neverland Ranch Newsroom of enforcing the kingdom's strict version of Islamic any fast change to its religious establishments for outside Santa Barbara, Calif. He has denied the 508-862-1232 law,the force's president told The Associated Press. fear this would lead to the question- allegations and was released on $3 million bail. fax:508-771-3292 It's a small sign of change in a police force that ing of Saudi Arabia's religious He has not been charged. Home delivery some critics say fuels Islamic extremism with its credentials.The kingdom is the 1-800-286-2233 heavy-handed methods and aus- birthplace of Islam and custodi- A reunion at Sundance fax:508-771-4215 tere rules, including ensuring an of the faith's two holiest that the sexes keep separate shrines. Zooey Deschanel and Jake Gyllenhaal, who Classified Advertising p p ��r played discontented discount 508-775-6201 and women are veiled in pub- fi x But the Riyadh bomb- fax:508 778-0330 hc• ings this year - which store employees last year in w The tone is changing - killed a total of 52 people, the independent film "The Retail Advertising though not the rules them- including nine attackers Good Girl,"will team up again 508-775-1200 to co-host the Sundance Film selves-amid new fears over -rattled the royal fami fax:508-775-7337 Festival Awards. extremism in Saudi Ara- ly. Not only did it Preprints bia after deadly suicide launch a crack- The ceremony is scheduled 508-862-1115 attacks in May and again down that has ar- to air live from Park City, fax:508-775-7337 last month confronted rested hundreds, it Utah, on the Sundance Chan- Member Services Saudis directly with the has also been eye- nel h 9 200p.m EST Jan.24. 1-800-286-2233 threat of terrorism for the ing reforms. Jake The 2is s Sundance Film 25. fax:508-771-4215 first time. Since then, the While no one is G Ilenhaal Festival is set for Jan. g are government has become su estin the religious y Among the films playing are E-MAIL g gg g � Playing host "The Woodsman," starring news@capecodonline.com more forceful in reforms to police are involved in terror P husband-and-wife Kevin Ba- advertising@ capecodonline.com spread a more moderate message of ism, progressive Saudis say memberservices@capecodonline.com Islam. the committee members'fun- con and Kyra Sedgwick, and Sheik Ibrahim al-Ghaith,chief of damentalist zeal can encour- "We Don't Live Here Anymore,"with Mark Ruffa- the 5,000-man religious police, age the extremism that cre- lo,Laura Dern,Peter Krause and Naomi Watts. To place an ad told The Associated Press in a ates terrorists. Others com- For classified, phone 508-775-6201. rare interview with the Western plain that members of the Aw, Granny, he wants a casino For retail display advertising, use media that modernizing the force interfere in the minutest Max Baer Jr. has gone to court in an effort to the main office numbers listed agency and making it more details of their lives. build his proposed$54 million Beverly Hillbillies above.office hours are 8:30 a.m. professional is a priority. "The committee sometimes Mansion & Casino in a shopping center he to 5 p.m.weekdays and 8:30 a.m. spies on people,"said political shares with The Glenbrook Co.and J.C.Penney. to noon Saturdays. analyst Dawood al-Shirian."It's Plans for the casino in Car- not only their style that should son City, Nev., include a 200- Where we are RELIGIOUS change.It's also their mandate, foot flaming oil derrick, POLICE which has become too broad" 30,000-square-foot casino with w Full service The religious police-formal- 800 slot machines and 16 MAIN OFFICE ■The policemen- ly the Committee for the Propa- game tables,a 240-room hotel Hyannis 319 Main Street 02601 known as committee gation of Virtue and the Preven- and restaurants - all keying y, BUREAU OFFICES members-roam tion of Vice,but known in Arab on"The Beverly Hillbillies"TV Falmouth 228 Main Street 02540; malls,markets and as the"muttawa"- are the ones series, in which Baer played 508-548-9300;fax 508-548-4822 cafes or lurk outside who enforce the kingdom's strict Jethro Bodine. Orleans 12 Main Street 02653; women's schools and Islamic lifestyle. In a petition filed Monday in Max Baer Jr. 508-255-0408;fax 508-240-2587 universities,lingerie AI-Ghaith,who as head of the Carson City District Court, Gambling on No walk-in service stores and book- religious police carries the rank lawyers for Baer, 66, said he casino venture Sandwich 71 Route 6A, stores to ensure pub- of a Cabinet minister, described has a legal right to develop his _ Merchants Sq.02563 lic morals are upheld the force's task as the"mission of property. 508-888-5454;fax 508-888-5443 and Islamic law is prophets and apostles" Standing in the way of Provincetown upheld. "The committee's most impor- Baer's plans are restrictions barring develop- 315 Commercial Street 02657 ■That means tant duty is to guide people and ad- ment of a theater,bowling Y ni g n alley, htclub or oth- 508-487-1602;fax 508-487-6402 vise them to follow their religious women must be cov- er place of recreation or amusement at the mall. duties ... as well as preventing erect in black,the Signed in]993 among the three major proper- Who we are vice,"he said. t owners at the time — J.C. Penney Co., Glen- lowed to mix in pub- Al-Ghaith said senior judges and brook Corp.and Wal-Mart—the restrictions limit President&Publisher,Peter Meyer lic,shops must close university professors have given the mall's use to commercial purposes"normally 508-862-1111 more than 30 courses to mem five times a day for h. }�, found in a retail shopping center."Wal Mart had Editor,Cliff Schechtman prayers and men "---�'" bens of the committee since last sought the restrictions, and they remained in 508 862 t tot must go to the nssoaarEo PRESS year to improve their perfor place after the company's departure in July Advertising Director,Molly Evans mosque and worship. A Saudi woman adjusts her veil in a mance to teach them how to deal 2002. 508-862-1104 Violators are usually mall in Riyadh.Saudi religious police, with violators. Aldean said Baer doesn't have the right to de- Member Services Director, yelled at and some- who are sometimes accused of being "As a result of the courses, we velop a casino without the cooperation of his Robert Sypek 508-862-1225 times dragged to jail. too severe and too meddlesome,are have seen that the members of partners. Operations Director,Michael Fabia undergoing training to be more the committee are dealing more "This was always intended to be a cooperative 508-862-1281 pleasant while on duty. pleasantly with others and we venture among partners, both for development Marketing Manager,Karen Ryder have received plenty of praise" and for future development if a vacancy is creat- 508-862-1108 rce Manager,Leslie Terry ed,"she said."He(Baer)just wants us to roll over Human Resou srce Mat 216 and allow him to build his casino." Controller,David Hundt 50 Systems 1132 FOR THE RECORD � Network Systems Manager William Howland 508-862-1315 4 Internet Business Develop.Manager 1 Robert Kempf 508-862-1351 Arsenault e-mail Sveden's located Newsroom address corrected on Route 28, Dennis Managing Editor Content Alicia Blaisdell-Bannon 508 862 119Z Because of a reporter's error, Because of incorrect informs- � III the e-mail address for Valerie ArM,P'Night editor tion supplied to the Times,the lo- a.5 6 a Craig Scott editor 2 1145 senault of Kinlin Grover GMAC cation of Sveden's of Cape Cod Metro editor,Paul 62-1145Pronovo Real Estate in Brewster was in- was wrong in a Cape Commerce { 508-862-1166 correct in the Cape Commerce item on Page C 10 yesterday. PSB and Arlal Acoustics speakers are among Presentation editor column on Page B-9 of the Nov. fish market and smokehouse has Andrea Smith Miller 508-862-1234 29 paper. Her correct e-mail is one location at 208 Route 28 Photo editor,Arnold Miller Val@ValArsenault.com. Dennisport. the finest speakers available. If you're look- 508-862-1308 ing for first quality speakers at our lowest Features editor,Debbie Forman 508-862-1190 Editorial page sailor,William Mills prices of the year, now is the time. We have 508-862-1251 Sports editor,Bill Higgins speakers for everyone on your holiday list. 508-862-1151 Business editor,Susan Moeller 508-862-1286 HURRY' 3 DAYS ONLY! Entertainment editor,Tim Miller 508-862-1140 This Thursday, Friday Online editor,Gregory Bryant 5OM62-1264 & Saturday only � o THE ASSOCIATED PRESS BRAINTREE - The winning s numbers drawn last night in the ► • ► ,; Massachusetts Daily Lottery were: 2-9-2-1 � A- The payoffs based on a $1 bet x were: Exact Order All four$4,844. First or last three$678. Any two$58. i Any one$6. Any Order All four$404. ' • ! First three$226. •, , �� Last three$113. 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