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HomeMy WebLinkAbout0000 MILLRACE ROAD - Health l(ae - (Am s 3� 0 " x r .t 4 { bat' r ib ..", • .. �A A:� i✓', 1 v s - t. i ->A3 4 T�,. t • �„. - tkf( r • '1 a -'_ .{ M. t -. J ., l'" r,. L ? y r Juiy"-3,; 1980 x ; , Chairman, .M s Mar -Ann Stra er P1anngnBoard' ofBTown' arnstab . •4 .: , kn _ . , .� Hyannis, Mass. f Re: Olde 4Mill'race'Realty .Tiustw Dear"Madam .Chairman:,,; <-Fv W Tord.of '" elh " pprod this -ion on` March' 15he B hkv r `. eoebSbsegu v rought�"suit' against the' F. r Hoard: ,r e ' y t is 'our understanding: that Town water will, be furnished the: : sub division- by.'the Cehter-viiie, Wa,ter-•'D str :ct ri the near future and 'the litigation has been withdrawn; � = f.t ' t•t ,.;. • f:i R .' .;,� ,y tom..- r y ' ^ _ r if t 4 4 We again recoiminend .that; 'the4 lan be ,.a rove, with` an en- . ' g T Pp dorsement•°that. no ,l.ot oiitaining an •areaY lees 1than-4O j 000 'square, feet kshown,=ron «sajad Plan�.which` relies ori;a`private water „ ., ,�,suppl:y and °a private sewage disposal' system be..built upon ' Vi-thout a variance from ,the Boaxd: of Health;„ =3 Very` uly; yours j » Rob rt. L ' Childs. Chairman f:- f. :. rs' T .A 'W;' Man elstamM. 'rD . �� ' Al z' c ti :RA n son hba h y ,e u n s BOARD'OF TH _ t SOWN. OF BARNSTABLE •,F J :mm 'Richard° 'Aride`rson _ d FERN, ANDERSON, DONAHUE & JONES ATTORNEYS AT LAW DANIEL J. FERN P. ❑. BOX 51B RICHARD C. ANDERSON 436 MAIN STREET ROBERT J. DONAHUE HYANNIS, MASSACHUSETTS 02601 STEPHEN C. JONES AREA CODE 617 775-5625 CHARLES M. SABATT June 23, 1980 ` houms u. ceorge, Esq. 776 Main Street Hyannis# Mh 02601 Donald F.. Henderson, Esq. 776 gain Street . Hyannis,, HA 02601. Gentlemen: Enclosed find copy of letter addressed to Mary Ann Strayer of the planning Board by Bruce Gilmore. ncerely, �dhlir d C. Anderson QYMCA:esj Enc. cc.* 14a..a' 'Ann Jane Eshimugh ►/ � Dear Jane: Do you think you might be able to get off a similar letter in the.--near future? 1 S ' r ly, ichard: C. Anderson RCA:esj Enc. / s i_ I _ . e� not a S�i t t C �J c- 'O-CK ckz .LSee �t l T H E + TOWN OF BARNSTABLE i DARI7T►BL Z OFFICE OF TOWN COUNSEL �ppe, 2639 \� 367 MAIN STREET 'EO MAY HYANNIS, MASSACHUSETTS 02601 BRUCE P. GILMORE TEL. (6171-775- 1 120 EXT. 128 ROBERT D. SMITH _ NIGHT LINE June 20 1980 / AFTER 4 P.M. (61 7)-775-7570 Mrs. Mary Ann B . Strayer, Chairman Planning Board Town of Barnstable 367 Main Street Hyannis , Ma. 02601 Re: Olde Millrace Realty Trust Dear Madam Chairman : I have been requested by Attorney Richard Anderson to make a recommendation on behalf of the Office of Town Counsel in connection with the approval of the Olde Millrace Realty Trust Sub-division Plan. It is proper that we respond to this request since the matter is presently in litigation. Our recommendation is as follows : That the Plan be approved with an endorsement that no lot containing an area less than 40,000 square feet shown on said Plan which relies on a private water supply and a private sewerage disposal system, be built upon- without a variance from the Board of Health. As you undoubtedly know, the area will soon be subject of a water system installation project undertaken by the Centerville Water District. I have discussed this endorsement with John Kelly of the Board of Health and he has no objection to the approval so long as that endorsement appears on the 'Plan. Sincerely, . BPG:cg Bruce P. i ore ✓cc: Richard Anderson, Esq . cc: . John Kelly, Director of Public Health. June 2 29€0 �~ DATE , ❑ URGEAlT � BOARD � HEALTH [-I SOON AS POSSIBLE 367 � �iii Sheet P. a Box 534 FILE NO. ❑ NO REPLY NEEDED VIYANN15, fVIASSACHUS►ET i S 021501 ATTENT/ON TO SUBJECT 4lde Millrace Realty Trust. Mr. Bruce Gilmore Town Counsel Town of .Barnstable Hyannis„ Mass. MESSAGE Bear Mr. Gilmore. > Enclosed .is a letter from Richard Anderson requesting the Board amend kts' approRal of the Olde Millrace subdivision. We still want. Town water i€ the lots are less than 44,000 square feet. Please advise.. Very truly yours, SIGNED John X. MUM- REPLY Director 61 FuDlic Health DATE OF REPLY. SIGNED SENDER. DETACH THIS YELLOW COPY FOR YOUR FILE. MAIL WHITE AND PINK COP/ES WITH CARBONS ATTACHED. ti FERN, A•NDERSO-N, DONAHUE & JONES ATTORNEYS AT LAW DANIEL J. FERN - P. O..BOX SIB RICHARD C.ANDERSON - 436 MAIN STREET ROBERT J. DONAHUE - HYANNIS, MASSACHUSETTS 02601 STEPHEN C. JONES AREA CODEJ.-617 775-S625 CHARLES M. SABATT File #/7 7-282 (2) June 18, 1980 Ms. Ann Jane Eshbaugh P. O. Box 514 Osterville, MA 02655 Re: Old Millrace Realty Trust Dear Jane: Tom George appeared at the Planning Board meeting of June 16, and the Planning Board agreed to amend its approval of. the above-captioned plan voted on March 20, 1978 to delete from such approval that it is " . . . subject to recommendations of the Board of Health as stated in their letter to the Planning _Board dated March 15, 1978, notice of which is to be stamped on the plan, " upon receipt from the Board of Health and from the Town Counsel of a letter to the effect that since the Centerville-Osterville Water Dis- trict is to proceed with the installation of water in the subject area, the Board of Health and Town Counsel have no objection to the Planning Board releasing the plan without the above mentioned provision. It would be greatly appreciated if such a letter from the Board of Health, to the Planning Board, could be delivered as soon as possible in order that Tom George et al may record the plan and proceed with the sale of numerous lots that are to be the subject of an application for a single building permit. �i_n lye Ric d C. Anderson ` RCA:esj cc: Donald F. Henderson, Esq. Thomas -N. , George, Esq. r �f 7ME TO TOWN OF BARNSTABLE to BAEasTABLE, _ OFFICE OF TOWN COUNSEL NABS. pp 2639' 367 MAIN STREET HYANNIS, MASSACHUSETTS 02601 BRUCE P. GILMORE TEL. (617)-775- 1 120 ROBERT D. SMITH EXT. 128 NIGHT LINE June. 23, 1980 AFTER 4 P.M. (61 7)-775-7570 Mr. John Kelly, Director Public Health Board of Health Town of Barnstable P.O. Box 534 Hyannis, Ma. 02601 Re: Olde Millrace Realty Trust Dear John: The letter we received from Attorney Richard Anderson on the Olde Millrace Realty Trust was identical to the letter received by Mrs. Eshbaugh. We have enclosed our response to that letter and trust that your response will be the same. Should you have any further questions, please don't hesitate to contact me. Sincerely, BPG:cg Bruce P. Gilmore Encs. `� �• TOWN OF BARNSTABLE DATE Tune......._2._3...,...........1..._9_8_0.................................. ❑ URGENT BOARD of HEALTH ❑ SOON AS POSSIBLE 367 Main Street P. 0. Box 534 FILE NO. .......................................... ....... I..................................................... ❑ NO REPLY NEEDED HYANNIS, MASSACHUSETTS 02601 ATTENTION ............................................_............................................................................................................................................................_.... TO SUBJECT ........Olde Mill,race"„Realty_ Trust M . Bruce Gilmore ._................................................................................................................................................................................................_.....................................M................. .... Town Counsel Town of Barnstable .....................................................................................-.................................................................................................................................................................................. ............................................................................................................................................................................................................................................., Hyannis, Mass. MESSAGE Dear Mr. Gilmore: .. ............ ........ ......................................................... Enclosed is a letter from Richard Anderson requesting the Board amend ................................................................................................................................................................................................................................................................................................................................................. 'its ' approval of the Olde Millrace subdivision. We still want Town water ......... ................. ............................................................................................ if the lots are less than 401000 square feet. Please advise. Very truly yours, S/GNED REPLY e11 irec or or IM151V! Hea DATE OF REPLY ............................................................................................................._................................................................................................................................................................................................................................................................................... ............................................. ................... SIGNED aP �~� TOWN OF BAR,NSTABLE i ISAR13 k1IL Z OFFICE OF TOWN COUNSEL �00 e. 163 • 367 MAIN STREET 0Kok! HYANNIS, MASSACHUSETTS 02601 BRUCE P. GILMORE TEL. (61 7)-775- 1 120 ROBERT D. SMITH _ EXT. 128 June 20, 1980 NIGHT LINE AFTER 4 P.M. (617)-775•7570 1% Mrs. Mary Ann B. Strayer, Chairman Planning Board Town of Barnstable 367 Main Street Hyannis , Ma. 02601 Re : Olde Millrace Realty Trust Dear Madam Chairman: I have been requested by Attorney Richard Anderson to make a recommendation on behalf of the Office of Town Counsel in connection with the approval of the Olde Millrace Realty Trust Sub-division Plan. - It is proper that we respond to this request since the matter is' presently in litigation. Our recommendation is as follows : That the Plan be approved with an endorsement that no lot containing an area less than 40,000 square feet shown on said Plan which relies on a private water supply and a private sewerage disposal system, be built upon without a variance from the Board of Health. _ As you undoubtedly know, the area will soon be subject of a water system installation project undertaken by the Centerville Water District. I have discussed this endorsement with John Kelly of the Board of Health and he has no objection to the approval so long as that endorsement appears on the Plan. Sincerely, . BPG:cg Bruce P. i ore cc: Richard Anderson, Esq . cc: John Kelly, Director of Public Health. r FERN. ANDERSON, DONAHUE & JONES ATTORNEYS AT LAW DANIEL J. FERN P. 0.BOX SIB RICHARD C.ANDERSON 436 MAIN STREET RO•BERT J. DONAHUE HYANNIS,MASSACHUSETTS 02601 STEPHEN C. JONES AREA CODE 617 77S-5625 CHARLES M. SABATT File #77-282 (2) June 18, 1980 t Ms. Ann Jane Eshbaugh P. 0. Box 514 Osterville, MA 02655. Re: Old Millrace Realty Trust Dear Jane: Tom George appeared at the Planning Board meeting of June 16, and the Planning Board agreed to amend its approval of the above-captioned plan voted on March 20, 1978 to delete from such approval that it is " . . . subject to recommendations of the Board of Health. as stated in their letter to the Planning Board dated March 15, 1978, notice of which is to be stamped on the plan, " upon receipt from the Board of Health and from the Town Counsel ofa letter to the effect that since the Centerville-Osterville Water Dis- trict is to proceed with the installation of water in the subject area, the Board of Health and Town Counsel have no objection to the Planning Board releasing the plan without the above mentioned provision. It would be greatly appreciated if such a letter from the Board of Health, to the Planning , Board, could be delivered as soon as possible in order that Tom George et al may record the plan and proceed with the sale of numerous lots that are to be the subject of an application for a single building- permit. • �Sinrex-ely, Ric d C. Anderson RCA:esj CC: Donald F. Henderson, Esq. J Thomas N. George, Esq. y ., �,, m�Q�'-�Tk \ -!5WV N OF I- ARNSTABLE -� TOWN i DARl4TABLE, . OFFICE C COUNSEL 1639 y�e,f MAIN STREET 0 HYANW51 MASSACHUSETTS 02601 J BRUCE P. GILMORE TEL. (617)-775- 1120 ROBERT D. SMITHS ' ''�� EXT. 128 rr - June 20, 1980 NIGHT LINE AFTER 4 P.M. (61 7)-775-7570 Mrs. Mary Ann B . Strayer, Chairman Planning Board Town of Barnstable 367 Main Street Hyannis, Ma. 02601 . Re : Olde Millrace Realty Trust Dear Madam Chairman: I have been requested by Attorney Richard Anderson to make a recommendation on behalf of the Office of Town Counsel in connection with the approval of the Olde Millrace Realty Trust Sub-division Plan. It is proper that we respond to this request since the matter is presently in litigation. Our recommendation is as follows : That the Plan be approved with an endorsement that no lot containing an area less than 40,000 square feet shown on said Plan which relies on a private water supply and a private sewerage disposal system, be built upon without a variance from the Board of Health. - As you undoubtedly know, the area will soon be subject of a water system installation project undertaken by the Centerville Water District. I have discussed this endorsement with John Kelly of the Board of Health and he has .no objection to the approval so long as that endorsement appears on the 'Plan. Sincerely, BPG:cg Bruce P., i ore cc: Richard Anderson, Esq. cc: John Kelly, Director of Public Health. �'] "y ! -- r"iry Yy � f• ,?' ,.•7 t . 9- 't }f + I �p Jf : u 3 3 • d � t �+ ... ^ J � � -�+ ,�_ ,�3,bsa to*° •;' - 3r A, `'. • { - , Ray. .a h i •'. ! .' t '' B t ws � .. March 15, 1978 +Y, .' Mr." John Rosario,,,Crliairman ' Re» Subdivision of land•�in ' . Planning;Board s,. 4 , a -Marstons}Mills (No 394) ] Town of- Barnstable s =F 2 : .r '` y P'etittiner t :t tilde.M3.11race .:.4, _Hyannio dMassachusetts� fiRealty Trust Date t' ° November` 28 1977 L" F fr r .Engineer:. `Whitney -&'Bassett± Land Court.Plan'.' 37712A , entle'men: The;"Hoard rof,,Health•'recommends .approval of 'this subdivision with* .the ollowing:.conditions'; ,} t..,. , Y . . - ,r''T2ie' Plaanirig Hoard shall' endorse on` the,�plan .the 'following r ; l4p age The' iiistallation of`a private water `supply and a� private_ 4 y .sewage d cont� �s aining "an:area less ' than 40 Q84 ;s quare feet of; buildable "land is prohibited, ' subject •to variance, as: contained-in,,Board of Health Regu ! { D r> Jai ion ;effective April -12; 1974 :revised October ;x2',' 1974'. -Prior :.to Board of �iealth approval ©f sewage Disposal works ti conaeriction''Permits, ind,'building .permits, ,each lot must r.'Conform'.-to all' Board of'•Health ;regulations d •The. ,Hoard strdncil. r. recommi6hdo the ,Plant i.ng Board require' *as atx- ,. thoor'ized"in. para+graph;°L,,' o f 'aect .on. 4. of -the,Toun-of Barnstable Sub-►, vision.' es and'RRegulatirons-0 .that :the 'developer, furnish plar' s.'and nstall water =mains throughout the .subdivision. ` percolat ors test 1must be—made on :each- lot; at leaching site,ybefore` n building permit• w ll' be issued::. Each 'proposed septic system must 1 r / a ¢{ conform`,"strictly to, Title V,: State' .Environmental` Code ,'and"Town°'of Barnstable Rules, arid,'Regulations= ` • Sre t is' reiterated` that,prior to Board.of Health approval of each budding ,f permit', the sewage system;and water supply'°must cor►form to ',Title-.V, of -the State, Environmental. o'dd,and' Town. Health regulet ona.::that are .:in r effect',on the datg of. said issuance,. _ l' Based on factutal, data,° available •to the Board, and .evidence ,submitted .by' ` the petitioner; the Board' is. of ,the opinionrthai becaus_e- of,..the soil` .f;,• ''conditions, the 'let`tsizes, and the proposed density-of this subdivision, , `contamination of, ground water and private water' supplies coul.d. occur - J Y�` 'Development{ of 3 this subdivision ma.y ,also` have a deleterious ',effeot upon .. ".. the• adjacent undeveloped and ,developed' land; . {. lJ a p=u ° � * 1+), d T -u .d, { I , ` , ` ° ` .. •` , - P f E 1 r .. ] ^ , ..' - ,t Mr. John*Rosario y t" Re,'a Olds Millrace-.Realty Trust Mardi, 15','Y19'78= t y F• �� r - 3 Page 2 • .t ,. ;F, - . „ .�t.>~k 4 i•r. ` '. .r .• "� Tt, is r.egiieated that.,you incorporaate our- recommendations en;toto ; in: your - ecfs i© ,.; :E. s f yr a'`. V�i.i 71 y `ti 4ly ••yours �a b-I- ert Chi lds, Chairman �a`F E.I�s�1 _ nn ♦Vane"Ehhaugh", If. ,Mande3stam, •M I?,. B;O'py'�r��_ HEALTH yy. - �tom-� v r _ � ;i a ' r. e • - , •r of BAARNSTABLE ' , � �` _ ' . . . •, y,$ .� �. t ;fir ,'. � `, � :: • s Ode Millrace Realty, �rastr ; 14hitney & Bassett f F t6wn -Clerk 4, W$t@r District 4 ♦ f 9 . ..,•�. k • i" a Ste, ' ry •' � PI .. e 1 + .. 1 �-� .� 1 -. a• .sty , i. k 'J.. � • n A' i d s h Y • r .L ♦, r , rF. C .. , � ,d. � ` ay F` ��.. ^ f �.t [ f t ,$ SS(, � - .• i� r'.0 .k ,• ° ,, r s V y•,. '- - t 1 The Board. of Health recommends .approval of this subdivision with the following conditions : The Planning Board shall endorse on the plan the following language: 'The installation of a private water supply and. a private sewage disposal system on a lot containing an area less than 40,000 square feet of buildable land is' prohibited, subject to variance, as contained in Board of Health Regulation effective April 121, 19741 revised October 22, 1974. Prior to Board of Health approval of sewage Disposal Works Construction Permits and building permits, each lot must conform to all Board of Health regulations. The Board strongly recommends the Planning Board require, as authorized in paragraph L. of section 41 of the -Town of Barnstable Subdivision Rules and Regulations, that the developer furnish plans and install water mains throu.ghout_ the subdivision. A percolation test must be made on each lot; at leaching site, before a building permit will be• issued. Each proposed septic system must conform l strictly to Title V, State Environmental Code, and Town of Barnstable Rules and Regulations. . It is reiterated that prior to Board of Health approval of each building permit, the sewage system and water supply must conform to Title V. of the State Environmental Code and Town Health regulations that are in effect on the date of said issuance. If Town- wa r is not ovided, bu/be g permi s will not be approved �y the Board of Health - n indiv'dual until he we 1 is insta led a d certific ion subm' ted as o �the riolog cal a d mi eral onten ofthe wa er by a ate App owed Labry. owev , we s ca not b installed until their to ation i approved ye •B add of Heal Based on factual data, available to the Board and evidence submitted by the petitioner, the Board is of the opinion that .because of the soil conditions, the lot sizes, and the proposed density of this subdivision,, contamination - of ground water and private wate�ls applies could occur. Development of this subdivision may also have a deleterious effect upon the adjacent undeveloped and developed land. It .is requested that you incorporate our recommendations en toto in your decision. Mr. John Rosario Re: Subdivision of land in Chairman Marstons Mills g3 o Planning Board Petitioner: Old6 Millrace Realty Trust Town of Barnstable Date: November 28, 1977 Engineer: Whitney & Bassett Land Court Plan 37712A Gentlemen: - The Board of Health recommends approval of this subdivision with the following conditions : The developer must provide Town water to each and every lot- in subdivision. In the event Town water is not provided, the Planning Board shall record on the plan that prior to Board of Health approval of sewage disposal Works Construction Permits and Building Permits, that each lot must conform to all Board of Health regulations, including the regulation effootive that went into effect April 12, 1974JanWrevised October 22, 1974, requiring 40,000 square feet of buildable land on- each lot to be serviced, by a private water supply and a private sewage disposal system. The Board strongly recommends the Planning Board require, as authorized in paragraph L of section 4, of the Town of Barnstable Subdivision Rules " and Regulations, that the developer furnish plans and install water mains throughout the subdivision. A percolation test must be made on each lot, at leaching site, before a building permit will be issued. Each proposed septic system must conform strictly to Title V. State Environmental Code, and Town of. Barnstable Rules and regulation .l c/rE l�srrc�. ?ti-r Prior to Board f Health approval of each building permit, the sewage system 'and" water. supply must conform to Title V. of the State Environmental Code and Town Health regulations that are in effect on the date of said issuance. rOGuA- [<.191"G/t �S /f aT ��IUU/G�GG✓ �/� S` /�oc�cvC� Cc EGGJ �oT dC- /KSrGiLG /S {�Qpkuuc� lily W 19 SENDER: Complete items 1.2,and i. j e Add your address in the "RETURN TO" space on 3 reverse. 0 1. The following service is requested (check one). 3 Show to whom and date delivered............ 150 Show to whom, date,& address of delivery.. 350 RESTRICTED DELIVERY. m Show to whom and date delivered............. 65.0 RESTRICTED DELIVERY. Show to whom, date, and address of delivery 850 2. ARTICLE ADDRESSED TO: Mr. Thomas N. Gecgge, Trustee Olde Millrace Realty Trust 776 Main St. , Hyannis,Ma02601 n LA3. ARTICLE DESCRIPTION: REGISTERED NO. CERTIFIED NO. INSURED NO. 508706 rn y (Always obtain signature of addressee or agent) q I ave-received the article described a ve. C IGNATU [�] ddressee (D.-Authorized agent i to z 4. G AIE—OF' IVERI" POOTMIAR 1 � r o6. A�D�DRE�S�(Compl egTes m 6. UNABLE TO DELIVER BECAUSE: �� CL S ►}IT1A LS 3 a r yr` GOP:1976-0-203-456 UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS PENALTY FOR PRIVATE USE TO AVOID PAYMENT Print your name,address,and ZIP Code in the space below. OF POSTAGE, $300 • Complete items 1, 2,and 3 on the reverse. • Moisten gummed ends and attach to front of article IIJ.&WWL if space permits. Otherwise affix to back of article. 1 • Endorse article "Return Receipt Requested" adia• cent to number. RETURN I TO t Health Department own eRrigms)table P. 0. Box 534 (Street or P.O. Box) HYANNIS MA 02601 (City, State, and ZIP Code) t' IMay' 23,-11980 4 . x • r ti. Dr. William Kerfoot C/o K-V Assodiates. 49 Ransom Road , Falmouth, Mass. 02540 f . Dear Dr,.. IKerfoot Enclosed- is a -check for- $;1500y for,::the 'updatingxof youk 1978 report, "On Lot' Waste Disposal. 5yatems: Oubl.ic Health and 'Water t uality Implications"'. ,x After conforr ng' with . owx Counseiw, .t la ',6ur underlitand ng that other $�500 : be paid after �rour teat mony ,, n the pending ,Olde Millrace_.eourt case,, .; Very truly'yours,. g John M. Kelly x Director of public Health . JMK/` encl. l check 056184 t.. try, . , . . •' '. V March 1 78 Mr. Douglas Murphy Assistant Town Counsel Town of Barnstable Hyannis, Massachusetts Dear Mr. Murphy: I am enclosing our letter to the Planning Board and a copy of our 40,000 square foot law for you to review as we discussed on the telephone this morning. Very truly yours, John M. Kelly Director of Public Health JMK/mm fly I . + (7.0 PI.. l'***' F 'S ATTORNEY: PLEASE CIRCLE TYPE OF ACTION INNVOLVFD: CONTRACT TORT ' NIOTOR VEHICLE TORT EQUITABLE RELIEF OTHER) n tutun rraR4 of P. Ato TRUE COP ATTEST SUPERIOR COURT BARNSTABLE; SS. J. GEORiGE, No_ DE SAEPTHOMAS DONALD .F. HENDERSON and MARTIN C. TRAYWICK, Trustees of OLDE MILLRACE REALTY TRUST vs. JOHN J. ROSARIO, MARY ANN STRAYER., MARY ANN GRAFTON—ROGERS, W I LLI AM G. HOWES, III , CHARLES F. LOCKHART, JOSEPH J. REARDON and JAMES R. WILSON, as they constitute the Planning Board of the Town of Barnstable, and ROBERT L. CHILDS, ANN JANE ESHBAUGH, and ABRAHAM W. MANDELSTAM, as they constitute the. Board of Health of the Town of Barnstable SUNENIONS ¢TO the above-named defendant You are hereby summoned and required to serve upon Richard C. Anderson, Esquire plaintiff's attorney, whose. address 436 Main Street, Hyannis, Mass. 02601 is............................ ..... .. .. .. .. ........................:....................................:..:............ an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon YOU, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. You are also required to file your answer to the complaint in the office of the Clerk of this court at Barnstable either before service upon plaintiff's attorney or within a reasonable time thereafter. Unless otherwise provided by Rule 13(a), your answer must state as a counterclaim anv claim which you may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim or you will thereafter be barred from inaking such claim in any other action. XVitness, t-7ALTER H. MC LAUGHLIN, Esquire, at Barnstable, the ......... our.th day of ........AM 1.......................................... in the year of our Lord, one thousand nine hundred and. seventy-ei.h�?.t........ , - A�_ Clerk - DOTE: '�Vhen more than one defendant is involved, the names of all defendants shall appear in the caption. If a separate summons is issued for each defendant, each should be addressed to the particular defendant, �r *NOTICE TO ]DEFENDANT You need not appear personally in Court to answer the complaint but if you claim to have a defense, either you or your attorney must serve a copy of your written answer %vitbin 20 days as specified herein and also file the original in the Clerk's office:, CO11110NWEALTH Or MASSACHUSETTS BARNSTABLE., SS. SUPERIOR COURT THOMAS N. GEORGE, DONALD F. } HENDERSON, AND MARTIN C. ) TRAYW ICK, Trustees of OLDS ) MILLRACE FEALTY TRUST, ) Plaintiffs ) ) VS JOHN J. ROSARIO, MARY ANN STRAYER, ) MARY ANN GRAFTO?`;-ROGERS, WILLIAM G. } COMPLAINT HONES, III, CHARLES F. LOCKHART, ) JOSEPH J. REARDON and JAMES R. ) WILSON, as they constitute the Planning Board of the Town of ) Barnstable and ROBERT L. CHILDS, ) ANN JANE ESHBAUGH, and. ABRAHAN W ) -'MANDELSTAM, as they constitute the } Board of Health of the Town of } Barnstable, Defendants 1 . The Plaintiffs are Thomas N.. George of Yarmouth (Port) , Massachusetts, Donald F. Henderson of Yarmouth (West) , Massachusetts and Martin C. Traywick of Barnstable (Cr.aigville) , Rlassachusetts, Trustees of 01de Mill-race Realty Trust . 2. The defendants are John J. Rosario of Barnstable, Mary Ann Strayer of Barnstable (Cummaquid) , Mary Ann Grafton-Rogers of Barnstable, William G. , Howes, III of Barnstable (Marstons Mills) ,. Charles F. Lockhart of Barnstable (Centerville), Joseph J. Reardon of Barnstable (Centerville)- and James R. Wilson of. Barnstable (Centerville) , as they constitute he members of the Planning Board of the Town of Barnstable (hereinafter referred to as `Planning board") ;. and Robert L. Childs of Barnstable (Centerville) , Ann Jane Eshbaugh of Barnstable (Osterville) and Abraham W. 11andelstam of Barn- stable,, all in Ba rnstable County, as they constitute th.e ; _1- Board of Health of the Town of Barnstable .(hereinafter referred to as "board of health") . 3. The plaintiffs, aggrieved by a. decision of the planning board, bring this action against its members under the -provisions of G. L. Chapter 41, Section 81BB. 4. The. plaintiffs bring this action against the said members of the board of health under the provisions of G.L. Chapter 249, Section 4 ,and under the provisions of G. L.- Chapter 231A, to determine the validity of a certain regulation of the board of health, which regulation is hereinafter set forth. 5. On or about October 16, 1974, the board of health adopted the ' ' following regulation (hereinafter referred to as "the regu- lation") , which became effective on October 22, 1974 "The installation of a private water supply and a private sewage disposal system on . a lot con- taining less than 40,000 square feet "of buildable - land is prohibited and in no case shall a private water supply and a private sewage disposal system- be located within 150 feet of each other." 6. The Plaintiffs are the owners of a. parcel of land in Barnstable (i:Iarstons Mills), Barnstable County, Massachu . setts containing approximately 36. 5 acres and being situ- ated in an RD-2 district. as defined by the zoning by-laws and official zoning map of the Town of. Barnstable. In such RD-2 zoning district, the zoning by-law of the Town of Barnstable prescribes a minimum lot size of 2031000 square feet of area. 7. On or about December 21, 1977, the plaintiffs submitted to the planning board, in accordance with G. L. Chapter 41, Section 81o, a definitive plan showing the division of their said land into sixty lots, each of which lot contains in excess of 20,000 square feet of area, but less than 40,000 square feet of area. Notice of such submission was duly -2- given to. the town clerk of Barnstable as required by G.L: Chapter 41, Section T. 8. A public hearing was held by .the planning board with. respect to the said subdivision plan on February 6, -1978. 9. On or about March 15, 1978; the board of health filed with the planning board its recommendation under G.L. Chapter 41, Section 81U that the subdivision plan be approved with the limitation, among other things, that no lot shown on : said plan as containing less than 40,000 square feet may be built upon if the structure is to be serviced by a private water supply and a private sewage disposal system. A copy of the recommendation of the board of health is annexed hereto and marked "A". 10. At a regular meeting of the planning board held on March 2010 1978 it was voted. to approve the subdivision plan sub__ ject. to the said recommendations of the board of health. A copy of the notice of such approval as filed with the town clerk on I-larch 21, 1978 is annexed hereto and .marked 11. The planning board exceeded its authority under G.L. Chap- ter 41, Section U by subjecting its approval of the sub- division plan to the condition that no lot shown thereon as containing less than 40,000 square feet may be built upon if the structure is to be serviced by a private water supply and a private sewage disposal system' . 12. The board of health exceeded its authority in adopting the regulation, as such regulation has no correlation to the public health .and safety. 13. The board of health exceeded its authority Jn .adopti:-n the_ . regulation as such regulation is a flagrant attempt by the board of health to invade the area of zoning. ` 14. The regulation is illegal and cannot be enforced against the plaintiffs. -3_ WHEREFORE; the .Plaintiffs demand: 1. . That the Court declare that the regulation of the board of health of the Town of Barnstable to the effect that "The installation of a private water supply and a private sewage system on a lot containing less than 40,000 square feet of buildable land is prohibited . ." is invalid. 2. That so much of the decision of the planning 'board of the Town of Barnstable as subjects the lots shown on the plaintiff' s subdivision plan to the above regulation of the board of health be annulled. 3. That the Court order the plaintiffs' subdivision plan be approved without the condition that the lots thereon be subject to the regulation of the board of health. 4. That the Court. grant such other relief it deems just and equitable. Olde Millrace Realty Trust By its attorneys Fern, Anderson, Donahue & Jones By : Richard C. Anderson, Esquire . 436 11iain Street P.O. Box 518 Hyannis, MA 02601 Tel : 775-5621,5 2-larch 15, 1978 Mr. John Rosario, Chairman Re: " Subdivision of land in Planning Board Marstons Mills Uo. 390) Totim of Barnstable Petitioner: Olda Millrace. Hyannis. Massachusetts Realty Trust . Date.: November 28, 1977 Engineer: Whitney & Bassett:. Land Court Plan 37712A Al'entlemen The Board of Health reconmends approval of this subdivision with the, ollowing conditions: The Planning Board shall endorse on the plan the following lan_auage The installation of a private water supply and a private sewage disposal system on a lot containing an area. less - than 40,000 square feet of buildable land i.s prod1ib.i-, � subject to variance, as contained in Board of Health Regu- lation effective April 121T 1974, revised October 22e 1974, Prior to Board of Health approval of sewage Disposal �Ior?;.s . Construction Permits and building permits, each. lot must conform to all Board of Health regulations.The Board strongly recommends the Planning Board require, as au- thorized. in paragraph L. of section 4, of the Town. of Barnstable Sub-, Tnbuilding vision Rule3 and Regulations, that the developer furnish plans _arid stall water :gains throughout the subdivision. percolation test must be made on each lot, at leaching situ permit will be issued. Each proposed septic system must confO= strictly to Title V. State Environmental Code, and Town of Barnstable Rules and Regulations.. .It is reiterated that prior to Board of Health approval of each building permit, the sewage system and water supply must conform to Title VF of- the State Environmental. Code and To=. I.ealth regulations that are in effect on the date of-said issuance. m. . Based on factual data zrvailable to the Board and evidence submitted k)y the petitioner, the Board is of the opinion that because of the soil - conditions, the lot sizes, and the proposed density of this subdivision contamination of ground crater and private water supplies could oceu.ra a Development of this subdivision may also have a deleterious effect tjpon the adjacent undeveloped and developed land. "All Mr. John Rosario _ Re:' Olde 2illrace Realty Trust March 15, 1978 Page-2 It is requested that you incorporate our recommendations ern Coto in your decision. Very truly yours, Robert L. Childs# Chairman . nn Jane Bshbaugh W o .Handelstam, NA A. BOARD OF H:.,zWeH WIT OF BAM3.STAeBhK "K/rim - Olde Millrace Realty Trust Whitney & Bassett Tow--n Clerk Water District r = TOWN OF BARNS' � LE. ;A;X PLANNING BOARD March 21, 1978 Mr. Francis A. Lahteine Town Clerk Town of Barnstable -Hyannis, Mass. - Re: Subdivision #390 0lde Millrace Realty = Dear Mr. Lahteine: At a regular meeting of the Barnstable Planning Board heldon Monday, March 20, 1978, it was voted unanimously to approve the above subdivision plan subject to recowniendations of the Board' of Health as stated in. their letter to the Planning Board dated.- March. 15, 1978, notice of which is to be stamped on the plan; and also subject to subaission of calculations to the Engineering Department; and further subject to Subdivision Rules and Regulations of the Town of Barnstable. = Plan is entitled: Plan of Land-Barnstable, Mass Scale finch 80 Feet. Dated: November 28,1977. Dram by: Whitney & Bassett- Architects & Engineers, Box 462, Hyannis, t-lass. 02601. ' Being: a subdivision of land shown on Land Court Plan 37712A urs very trul o.n J. Ro io, Chairman Ba nstabl P anning Board JJR:bdi - cc: Ol de tali 11 race Realty -- -- - Whitney & Bassett @@Q@@ TOWN. OF BARNSTABLE. �fficc of �owrs eourss� 397 MAIN STREET, P. 0. BOX 36B HYANNIS, MASSACHUSETTS 02601 TELEPHONE 617-775-112D EXT. 155 April 24, 1978 Ms. Barbara Holmes Neil, Clerk Barnstable Superior Court Barnstable, Mass. 02630 Re: Thomas N. George et al VS. John J. Rosario et al Superior Court No. 37882 Dear Ms. Neil: Enclosed please find Defendants' Answer which I kindly ask you to file in the above entitled action. Sincerely, J. Douglas Murphy Assistant Town Counsel cc: Richard C. Anderson, Esq. I COMMONWEALTH OF' MASSACHUSETT5 BARNSTABLE,ss. SUPERIOR COURT DOCKET NO. 37882 THOMAS N. GEORGE, DONALD F. HENDERSON } and MARTIN C. TRAYWICK, Trustees of } OLDE MILLRACE REALTY TRUST, Plaintiffs } vs. } } ANSWER OF DEFENDANTS j JOHN J. ROSARIO, MARY ANN STRAYER, MARY } ANt7 GRAFTON-ROGERS, WILLIAM G. HOWES,III, } I CHARLES F. LOCKH RT, JOSEPH J. REARDOiJ } and JAMES R. WILSON, as they constitute } the Planning Board of the Town of } Barnstable, and ROBERT L. CHILDS, ANN } JANE ESHBAUGH, and ABRAHAM W. MANDELSTAM,} as they constitute the Board of Health } of the Town of Barnstable, } Defendants 1. The Defendants admit the allegations contained in Paragraph 1 of the Complaint. 2. The Defendants admit the allegations contained in Paragraph 2 of the Complaint. 3. The Defendants deny the allegations contained. in . Paragraph 3 of the Complaint. 4. The Defendants admit the allegations contained in Paragraph 4 of the Complaint. 5. The Defendants admit the allegations contained. in Paragraph 5 of the Complaint. And further answering, the Defendants state that the regulation to which reference is made in Paragraph 5 of the Complaint was originally promulgated by publication Of legal notic 2. thereof on April 11, 1974 and became effective on April 12,, -1974. That pursuant to notice duly given, a public hearing was held on: October 15, 1974 for the purpose of soliciting input and voting: to revise the existing regulation. That notice of the present regulation was duly given by publication and posting on October 21 1974 and that said regulation in present form became effective October 22, .1974. And further answering, the Defendants state that said regulation provides, inter alia that: "Variance to this regulation may be granted by the Board of Health, after a hearing,. during which the applicant proves that the installation of the private sewage- disposal, system will not adversely affect surface or subsurface public or private water. resources of: (1) The lot subject to the application (2) The adjacent land ( whether developed or not) or (3) a defined aquifier recharge area - In granting variances, the Board will take into consideration population density of the area., the- size and shape of the lot, slope, the suit®. . ability of .the soil for drainage and percolation, existing and known future water supplies., depth to .ground water and impervious. material and area. reserved for expansion ofsewage system and: ' relocation of water supply in case of failure." 6. The Defendants without sufficient knowledge 'or informatio to . form a belief as to the truth of the allegation that the e Plaintiffs are the owners of a parcel of land in Barnstable (Marstons Mills) , Barnstable County, Massachusetts, containing 3. { approximately 36. 5 acres, and admit that the definitive plan submitted by the Plaintiffs is situated in an RD-2 District as defined by the Zoning By-laws and official Zoning Map of the Town of Barnstable. The Defendants admit the .second sentence of Paragraph 6 of the Complaint. 7. The Defendants admit the allegations contained in - Paragraph 7 of the Complaint. S. The Defendants admit' the allegations contained. in Paragraph 8 of the Complaint. - 9. The Defendants admit that ."on or about March 15, 1978, the. Board of Health filed with the Planning Board its recommendation under G.L.c. 41, sec.81U . . ." and the Defendants admit that a copy of the recommendation of the. Board of Health was annexed to the Complaint and marked "A" . The Defendants deny the remaining allegations contained in Paragraph 9 of the Complaint. 10. The Defendants admit the allegations contained in Paragraph 10 of the Complaint. And further answering, the Defendants state that the approval of the Planning Board indicated that notice of the recommendations of the Board of Health was to be stamped on the plan. 11. The Defendants deny the allegations contained in Paragraph 11 of the Complaint. And further answering, the Defendants incorporate by reference their further answer to Paragraph 5 of the Complaint. r 12. The Defendants deny the allegations contained in Paragraph 12 of the Complaint. 13. The Defendants deny the. allegations contained in Paragraph 13 of the Complaint. . 14. The Defendants deny the allegations contained- in Paragraph 14 of the Complaint. _ FIRST DEFENSE 15. The Complaint should be dismissed in. its entirety, or alternatively as it pertains to the Board of Health of the Tawn, of Barnstable, for reason that the 'Plaintiff has failed-to allege that a copy of the definitive plan of the subdivision was filed with the Board of Health at the same time that such plan was fled with the Planning Board, pursuant to G.L.c.41, sec..81u, and fur he that in fact no such submission was effected. SECOND DEFENSE 16. The Complaint should be .dismissed in its entirety for reason that it has been prematurely bought and' that the regulation -. which became operative on October 22, 1974. and which as referred to in Paragraph 5, supra, is a valid and subsisting regulation : well within the authority of the Board of -Health pursuantto tho _ <.f .. Provisions of . sec'.31 and sec.127A of c.11.1 of the. G.- L. and further more that the Plaintiff has failed to allege and in fact could not allege that application has been made for the installation of a private water supply and a private sewage disposal system on any: lot within the subdivision which was the subject of the decision identified as Exhibit "B'° in the Plaintiffs" Complaint. r WHEREFORE your Defendants pray that: 1. This Honorable Court will dismiss the Complaint in its entirety for failure to state a claim upon which relief may be granted; 2. This Honorable Court will dismiss. the Complaint as it pertains to the Board of Health of the Town of Barnstable for reason that the Complaint fails to state a claim upon which relief may be granted; 3. This Honorable Court will affirm and approve the recommendation of the Board of Health referred to as Exhibit "A of the Plaintiffs' Complaint; 4. This Honorable Court will affirm and approve the decision of the Planning Board of the Town of Barnstable referred. . to as Exhibit "B" of the Plaintiffs' Complaint; 5. This Honorable Court. find that the recommendation of. the Town of Barnstable. Board of Health and the decision of the Town of .Barnstable Planning .Board in this matter consists of an, approval of plans, with condition thereon, which are within the, scope of the authority of the Planning Board and Board of Health. PLANNING BOARD,TOWN OF BARNSTABL and BOARD OF HEALTH, TOWN OF :. ,._BARNSTABLE By its Attorney, J. Doug as Murphy, Asst.Town Cou sel. 397 Main St. , P.O. Box 368 Hyannis, Mass. 02601 .Tel. 775-1120, Ext. 155 6. .CERTIFICATE OF SERVICE A copy of the Answer has been served upon the Plaintiffs Trustees of Olde Millrace Realty Trust by mailing a copy postage prepaid, first class U. S. mail, to Richard C. Anderson, Esq.,, Fern, Anderson, Donahue & Jones, 436 Main Street, P. Oaf Box 5181 Hyannis, Mass. 02601. J. Douglas Murphy, Assistant Town Counsel • y, ... COMMONWEALTH OF' MASSACHUSETTS ss BARNSTABLE;ss. SUPERIOR COURT f DOCKET NO. 37882 THOMAS N. GEORGE, DONALD F. HENDERSON ) and MARTIN C. TRAYWICK, Trustees of ) OLDS MILLRACE REALTY TRUST, Plaintiffs ) ) - y VS. ) ANSWER OF DEFENDANTS � !i JOHN J. ROSARIO, MARY ANN STRAYER 1Q%RY Ei ANN GRAFTON-ROGE.RS, WILL=4 G. HOWES,III, ) CHARLES F. LOCKHART, JOSEPH J. REARDOiJ ) and JAM.ES R. WILSON, ` as they constitute ) the Planning Board of the. Town of ) Barnstable, and ROBERT L. CHILDS, ANN ) JANE ESHBAUGH, and ABRAHAM W. MANDELSTAM, ) as they constitute the Board of Health ) of the Town of Barnstable, ) Defendants 1. The Defendants admit the allegations contained in Paragraph 1 of the Complaint. 2. The Defendants admit the allegations contained in Paragraph .2 of the Complaint. 3.. The Defendants deny the allegations contained in Paragraph 3 of the Complaint. 4. The Defendants admit the allegations contained in h Paragraph 4 of the Complaint. . 5. The Defendants admit the allegations contained in Paragraph 5 of the Complaint. And further answering, the Defendants state that the regulation to which reference is made in Paragraph 5 of the Complaint was originally promulgated by publication of legal noti,.-_.! �,y a I _ . 2. thereof on April 11, 1974 and became effective on April 12, 1974, That pursuant to notice duly given, a public hearing was held. on: October 15, 1974 for the purpose of soliciting input and voting to revise the existing regulation. That notice of the present regulation was duly given by publication and posting on October 21, 1974 and that- said regulation in present form became effective r October 22, 1974. And further answering, the Defendants state that said regulation provides, inter alia that: "Variance to this regulation may be granted by the Board of Health, after a hearing, during which the applicant proves that the installation of the private sewage- disposal system will not adversely affect surface or subsurface public or private water. resources of: : . (1) The lot subject to the application (2) The adjacent land ( whether developed or not) or (3) a defined aquifier recharge area t, In granting variances, the Board will take into consideration population density of the area, e, the suit- the size and shape of the lot, slope,. P ability of .the soil for drainage and percolation, existing and known future water supplies, depth .` to ground water and impervious material and area reserved for expansion of sewage system and relocation of water supply in case of failure. " 6. The Defendants without sufficient knowledge or informatio to form a belief as to the truth of the allegation that the Plaintiffs are the owners of a parcel of land in Barnstabld (Marstons Mills) , Barnstable County, Massachusetts, containing 3. approximately 36. 5 acres, and- admit that the definitive plan . submitted by the Plaintiffs is situated in an RD-2 District as defined by the Zoning By-laws and official . Zoning Map of the Town of -Barnstable. The Defendants admit the .second sentence of .Paragraph 6 of the Complaint 24 7. The Defendants admit the allegations contained. in Paragraph 7 of the Complaint. 8. The Defendants admit the allegations contained. in Paragraph 8 of the Complaint. 9. The Defendants admit that ".on. or about March 15, 1978 , 'th Board of Health filed with the Planning Board its recommendation under G.L.c. 41, sec.81U . . ." and the Defendants admit that a copy of the recommendation. of the Board of Health was annexed to the Complaint and marked "A" . , The Defendants deny the remaining allegations contained in Paragraph 9 of the Complaint. 10. The Defendants admit the allegations contained in Paragraph 10 of the Complaint. And further answering, the Defendants state that. the ` approval of the Planning Board indicated that notice of the recommendations of the, Board of Health was to be stamped on the plan.. 11. The Defendants deny the allegations contained in Paragraph 11 of the Complaint. And further answering, the Defendants incorporate by reference their further answer to Paragraph 5 of the Complaint. r, i �. 4. 12. The Defendants deny the allegations contained in Paragraph 12 of the Complaint. 13. The Defendants deny , the. allegations contained in Paragraph 13 of the Complaint. , 14. The Defendants deny the allegations contained in Paragraph 14 of the Complaint. FIRST DEFENSE 15. The Complaint should be dismissed in its entirety, or alternatively as it pertains to the Board of Health of the Town of Barnstable, for reason that the Plaintiff has failed -to allege that a copy of the definitive plan of the subdivision was filed with the Board of Health at the same time that such plan was filed with the Planning Board, pursuant to G.L.c.41 sec<81U, and furthe that in fact no such submission was effected. SECOND DEFENSE 16. The Complaint should be .dismissed in its entirety for reason that it has been prematurely bought and, that the regulation. which became operative on October 22, 1974 and which is referred to in Paragraph 5, supra, is a valid and subsisting regulation . well within the authority of the Board of Health pursuant -:to the provisions of sec. 31 and sec.127A of c.11l of the G.L. and further more that the Plaintiff has failed to allege and in fact could not allege that application has been made for the installation of a private water supply and a private sewage disposal system on any lot within the subdivision which was the subject of the decision identified as Exhibit "B" ' in the Plaintiffs, Complaint. r 5. WHEREFORE your Defendants pray that: 1. This Honorable Court will dismiss the Complaint in its entirety for failure to state a claim upon which .relief may be granted; 2. This Honorable Court will dismiss. the Complaint as it pertains to the Board of Health of the Town of Barnstable for reason that the Complaint fails to state a claim upon. which relief may be granted; 3. This Honorable Court will affirm. and approve the recommendation of the Board of Health referred. to as Exhibit "A"' of the Plaintiffs' Complaint; 4. This Honorable Court will affirm and approve the decision of the Planning Board of the Town of Barnstable referred. to as Exhibit "B" of the. Plaintiffs Complaint; 5. This Honorable Court find that the recommendation of. the Town of Barnstable Board of Health and the decision of the Town of .Barnstable Planning Board in this matter consists of an.. approval of plans, with condition thereon, which are within the scope of the authority of the Planning Board and. Board of Health. PLANNING BOARD,TOWN OF BARNSTABL >,.and BOARD OF HEALTH,. TOWN OF (BARNSTABLE By its Attorney, J. Douglas Murphy, Asst.Town Cou sel 397 Main St. , P.O. Box . 368 Hyannis, Mass. 02601 .Tel. 775-1120, Ext. 155 6. CERTIFICATE OF SERVICE A copy of the Answer has been served upon the Plaintiffs Trustees of Olde Millrace Realty. Trust by mailing: a copy postage prepaid, first class U. S. mail, to Richard C. Anderson, Esq. , Fern, Anderson, Donahue & Jones, 436 Main Street, P. O. Box 518, Hyannis, Mass,. 02601. J. Douglas Murphy, Assistant Town Counsel. n y ^ s a. r X TOWN OF BARNSTABLE office of own eounaer 397 MAIN STREET. P. O. BOX 368 HYANNIS, MASSACHUSETTS 02601 TELEPHONE 617-775-1120 EXT. 155 April 24, 1978 Ms. Barbara Holmes Neil, Clerk Barnstable Superior Court Barnstable, Hass. 02630 Re: Thomas N. George et- al VS. John J. Rosario et al Superior Court No. 37882 Dear Ms. Neil: Enclosed please find Defendants` Answer which I kindly ask you to file in the above entitled action. Sincerely, J. Douglas Murphy Assistant Town Counsel cc: Richard C. Anderson, Esq. JDM:ecg a- r (TO J.A NTIFF'S 4TTOR\EY: PLEASE CIRCLE TYPE OF ACTION INVOLVED: CONTRACT FORT MOTOR VEHICLE TORT EQUITABLE RELIEF OTIiER) TRUE COP ATTEST SUPERIOR COURT" BARA'STABLE, SS. No. 3?4 ,2— DE SH ('! THOMAS GEORGE, DONALD F. HENDERSON and MARTIN C. TRAYWICK, Trustees of OLDE MILLRACE REALTY TRUST JOHN J. ROSARIO, MARY ANN STRAYER, MARY ANN GRAFTON—ROGERS, WILLIAM G. HOWES, III , CHARLES F., LOCKHART, JOSEPH J. REARDON .and JAMES R. WILSONf as they constitute the Planning Board of the Town of Barnstable, and ROBERT L. CHILDS, ANN JANE ESHBAUGHs - and ABRAHAM W. MANDELSTAM, as they constitute the Board of Health of the Town of Barnstable SUIIIMON3 Jo the above-named defendant You are hereby summoned and required to serve. upon Richard C. Anderson, Esquire ................................................. .................................. ............................ plaintiff's attorney, whose address 436 Main Street Hyannis, Mass. 02601 is............................... ..................r.....................................................................................:.............., an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. You are also required to file your answer to the complaint in the office of the Clerk of this court at Barnstable either before service upon plaintiff's attorney or within a reasonable time thereafter. Unless otherwise provided by Rule 13(a), your answer must state as a counterclaim any claim which you may have against the plaintiff which arises out of the transaction or occurrence that: is the subject matter of the plaintiff's claim or you will thereafter be barred from making such. claim in any other action. NVitness, AVALTER H. MC LAUGHLIN', Esquire, at Barnstable, the ........fourth day of ........Agri 1............................ ..........., in the year of our Lord one thousand nine hundred. and. seventy-eight........ , Clerk , NOTE: NVhen more than one defendant is involved, the names of all defendants shall appear in the caption. If a separate summons is issued for each defendant, each should. be addressed to the particular defendant. c'NOTICE TO DEFENDANT You need not appear personally in Court to answer the complaint but if you claim to have a defense, either you or your attorney must serve a copy of your written answer- within, 20 days as specified herein and also file the original in the Clerk's office_ COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS. SUPERIOR COURT THOMAS N. GEORGE, DONALD F. ) HENDERSON, AND MARTIN C. TFAYWICK, Trustees of OLDS MILLRACE FEALTY TRUST, ) Plaintiffs } VS ) JOHN J. ROSARIO, MARY ANN STRAYER, ) MARY ANN GRAFTON-ROGERS, WILLIAM G. } COIyiPLAINT .. HO►GES, III, CHARLES F. LOCKHART, ) i JOSEPH J. REARDON and JAMES R. ) jtiILSON, as they constitute the ) Planning Board of the Town of ) Barnstable and ROBERT L. CHILDS, ) ANN JANE ESHBAUGH, and ABRAHAN W. ) -'MANDELSTAM, as they constitute the ) Board of Health of the Town of ) Barnstable, Defendants ) I' 1. The Plaintiffs are Thomas N. George of Yarmouth (Port) , Massachusetts, Donald F. Henderson of Yarmouth (West) , - I:4assachusetts and Martin C. Traywick of Barnstable (Cr.aigville) , Massachusetts, Trustees of Olde Millrace Realty Trust. 2. The defendants are John J. Rosario of Barnstable, Mary Ann. Strayer of Barnstable (Cummaquid) , Mary Ann Grafton-Rogers of. Barnstable, William G. Howes, III of Barnstable. (Marstons Mills) , Charles F. Lockhart of Barnstable (Centerville) , Joseph. J. Reardon of Barnstable (Centerville) -and James R. Wilson of Barnstable (Centerville), theNr constitute the members of the Planning Board of the Town of Barnstable (hereinafter referred to as "planning board") ; . and Robert L. Childs of Barnstable (Centerville) , Ann Jane Eshbaugh of Barnstable (Osterville) and Abraham W. raandelstam of Barn- stable, all in Barnstable County, as they constitute the ; ' P Board of Health of the Town of Barnstable .(hereinafter referred to as "board of health") 3. The plaintiffs, aggrieved by a decision of the planning board, bring this action against its members under the provisions of G.L. Chapter 41, Section 81BB. 4. The plaintiffs bring this action against the said members of the board of health under the provisions of G. L. Chapter 249, Section 4 and under the provisions of G. L. Chapter 231As to determine the validity of a certain regulation of the board of health, which regulation is hereinafter set forth. 5. On or about October 16, 1974, the board of health adopted fhe following regulation (hereinafter referred to as "the regu lation") , which became effective on October 22, 1974:: "The installation of a private water supply and a private sewage disposal system on a lot co.n- taining less than 40,000 square feet *of buildable - land is prohibited and in no case shall a private water supply and a private sewage disposal system be located within 150 feet of each other." 6. The Plaintiffs are the owners of a parcel of land in Barnstable (Marstons IMills), Barnstable County, Alassachu- setts containing approximately 36. 5 acres and being situ- ated in an RD-2 district as defined by the zoning, by-laws and official zoning map of the Town' of Barnstable. In such RD-2 zoning district, the zoning by-law of the Town of Barnstable prescribes ,a minimum lot size of 20,000 square feet of area. s x 7. On or about December 21, 1977, the plaintiffs submitted to the planning board, in accordance with G.L. Chapter 41.1 Section 81o, a definitive plan showing the division. of their said land into sixty lots, each of which lot contains in excess of 20, 000 square feet ,of area, but less than 40y000 square feet of area. Notice of such submission was duly -2- given to the town clerk of Barnstable as required by G.L: Chapter 41, Section T. S. A public hearing was held by the planning board with respect to the said subdivision plan. on February 6, 1978. 9. On or about March 15, 1978, the board of health filed with the planning board its recommendation under G.L. Chapter 41, Section 81U that the subdivision plan be approved with the limitation, among other things, that no lot shown on said plan as containing less than 40,000 square feet may be built upon if the structure is to be serviced by a private water supply and a private sewage disposal system. .A copy of the recommendation of the board of health 'is annexed hereto and marked "A" . 10. At a regular meeting of the planning board held on March s- 20, 1978 it was voted to approve the subdivision plan sub- ject to the said recomimendat ions of the board of health.. A copy of the notice of such approval as filed with the town clerk on March 21, 1978 is annexed hereto and marked 11. The planning board exceeded its authority under G..L.. Chap- ter 41, Section U by subjecting its approval of the sub- division plan to the condition that no lot shown thereon as containing less than 40,000 square feet may be built: upon if the structure is to be serviced by a private wat:e-r supply and a private sewage disposal system: 12. The board of health -exceeded its authority in adopting the regulation, as such regulation has no correlation to the public health and safety. 13. The board of health exceeded its authority in.,adopting .the- regulation as such regulation is a flagrant attempt by the board of health to invade the area of zoning. 14. The regulation is illegal and cannot be enforced against the plaintiffs. r -3- WHEREFORE; the Plaintiffs demand: 1. That the Court declare that the regulation of the board of health of the Town of Barnstable to the effect that "The installation of a private water supply and a private sewage system on a lot containing less than 40,000 square feet of buildable land is prohibited .fe is invalid. 2. That so much of the decision of the planning board of the Town of Barnstable as subjects the lots shown oa the plaintiff' s subdivision plan to the above regulation of the board of health be annulled. 3. That the Court order the plaintiffs' subdivision plan be approved without the condition that the lots thereon. be subject to the regulation of the board of health. 4. That the Court grant such other relief it deems just and equitable. Olde Ali_llrace Realty Trust. By its attorneys Fern, Anderson, Donahue & Jones By Richard C. Anderson., Esquire . 436 Main Street P.O. Box 518 Hyannis, MA 02601 Tel: 775-5625 ;.y 2-larch 15, 1978 _ Mr. John Rosario, Chairman Re: ' Subdivision of land in Planning Board Narstons Mills Uo. 390) To,n. of Barnstable Petitioner: Olda Millrace - Hyannis, Massachusetts Realty Trust - Date: November 23, 1977 Engineer: Whitney & Bassett. Land Court Plan 37712A.. mantle« en The Board. of Health recommends approval of this subdivision with tbe' ollowing conditions: The Planning Board shall endorse on the plan the following language: The installation of a private water supply and a private sewage disposal system on a lot containing an area. less than 40,000 square feet of bla idab-1 e land is prohlbitec subject to variance, as contained in Board of Health Reyu. D lation effective April 120, 1974, revised October 22, 1974. Prior to Board of Health approval of sewage Disposal works . Construction Permits and building permits, each- lot must_ conform to all Board of Health regulations.The. Board strongly recommends the Planning Board require as au. thorized. in paragraph L. of section 4, of the Town of Barnstable Sub-- .vision Rule:; and Regulations, that the developer furnish plans and rstall water mains throughout the subdivision. percolation test must be made on each lot, at leaching site., before building permit will be issued. Each proposed septic. system rust conform strictly to Title V. State Environmental Code, and Town of . Barnstable Rules and Regulations. a It is reiterated that prior to Board of Health approval of.- each bual:dinc� permit, the sewage system and water supply must conform to Title V; oi. the State Environmental Code and Towrn Health regulations that are in effect on the- date of-said issuance. Based on factual data arvailable to the Board and evidence: submitted ley the petitioner, the Board is of the opinion that because of -che soil. - conditions, the lot sizes, and the proposed density of this subdivision, contamination of ground slater and private water .supplies could occur. Development of this subdivision may also have a deleterious effect upon the adjacent undeveloped and developed land. r b , Mr. John Rosario Re Olde 2•iillrace Realty Trust March 15, 1978 . _ • Page 2 It is requested that you incorporate our recommendations en toto in your decision. Very truly yours Robert L. Childs, chairnan . nn. Jane £shbaugh No nandelstam, 2•i, 37. BOARD OF HaWeH WN OF BARNSTABLE r : .Olde Millrace Realty Trust :-Whitney & Bassett To•wm Clerk Water District , _ - OWN 0n`-� A�R�� � 3L E PLANNING BOARD •rc a' ,larch 21, 1978 Fr. Francis A. Lahteine = . Torn Clerk - . Town of Barnstable -fiyanni s, Mass. - Re: Subdivision n390 Olde Millrace Realty d Dear fir. Lahteine: At a regular meeting of the Barnstable Planning Board held - on Monday, March 20, 1978, it was voted unanimously to approve the above subdivision plan subject to recommendations of the Board of Health as stated in their letter to the Planning Board dated: March 15, 1978, notice of which is to be stamped .on the plan; and also subject to submission of calculations to. the Engineering Department; and further subject to Subdivision Pules and Regulations of the Town of Barnstable. Plan is entitled: Plan of Land-Barnstable, Mass.' Scale finch 30 Feet. Dated: November 28,1977. Drawn by: Whitney. & Bassett- Architects & Engineers, Box 462, Hyannis, (lass. 02601. Being a subdivision of land shown on Land Court Plan 37712A. � = . urs very trul o-n J. Ro io, Chairman Ba nstabl P annin Board JJR:bdl cc: Ol de Millrace Realty -- -- - - Whitney & Bassett - - - 01B11 TOWN OF BARNSTABL.E. l.�`ficc of own eoun�er�' 397 MAIN STREE.T, P. O. BOX 368 HYANNIS MASSACHUSETTS 02501 TELEPHONE 617-775-1120 EXT. 155 April 24, 1978 Ms. Barbara Holmes Neil, Clerk Barnstable Superior Court Barnstable, Mass. 02630 Re: Thomas N. George et al vs. John J. Rosario et al Superior Court No. 37882 Dear Ms. Neil: Enclosed please find Defendants' Answer which .l kindly ask you to file in the above entitled action. Sincerely, J. Douglas Murphy - Assistant Town Counsel cc: Richard C. Anderson, Esq. JDM:ecg� �� `- COPIPIONWEALTH OF' MASSACHUSETTS BARNSTABLE,ss. SUPERIOR COURT DOCKET NO. 37882 THOMAS N. GEORGE, DONALD F. HENDERSO N and MARTIN C. TRAYWICK, Trustees of j OLDE MILLRACE REALTY TRUST, ) Plaintiffs ) ) AIVStro'ER OF DEFENDA�jrrS JOHN J. ROSARIO, MARY ANN STRAYER, MARY ANDJ GRAFTON-ROGERS, WILLIAM G. HOWES,III,) CHARLES F. LOCKHART, JOSEPH J. REARDOiJ j and JA.M.ES R. WILSON," as they. constitute ) the Planning Board of the Town of j Barnstable, and ROBERT L. CHILDS, ANN ) JANE ESHBAUGH, and ABRAHAM W. MANDELSTAM,) as they constitute the Board of .Health j of the Town of Barnstable, ) Defendants 1. The Defendants admit the allegations contained in Paragraph 1 of the Complaint. 2. The Defendants admit the allegations contained in Paragraph .2 of the Complaint. 3. The. Defendants deny the allegations contained in _ Paragraph 3 of the Complaint. 4. The Defendants admit the allegations contained in Paragraph 4 of the Complaint. 5. The Defendants admit the . allegations contained in 1 Paragraph 5 of the Complaint. And further answering, the Defendants state that the regulation to which reference is made in Paragraph 5 of the Complaint was originally promulgated by publication of legal notic 2_ thereof on April 11, 1974 and became effective on April 12, -1974.. That pursuant to notice duly given, a public hearing was held on October 15, 1974 for the purpose of soliciting input and voting to revise the existing regulation That notice of the present regulation was duly given by publication and posting on October 21 ,. 1974 and that said regulation in present form became effective October 22, 1974. And further answering, the Defendants state that said t regulation provides, inter alia that: "Variance to this regulation may be granted by the Board of Health, after a hearing, during which the applicant proves that the installation of the private sewage- disposal system will not adversely affect surface or subsurface public or private water. resources Of: (1) The lot subject to the application (2) The adjacent land ( whether developed or not) or (3) a def fined aquif ier recharge area In granting variances, the Board will take into consideration population density of the area, the size and shape of the lot, slope, the suit- ability of the soil for drainage and percolation, ` existing and known future water supplies, 'depth . to ground water and impervious material and area reserved for expansion of sewage system and. r relocation of water supply in case of failure." 6. The Defendants without sufficient knowledge or informatio to form a belief as to the truth of the allegation that the Plaintiffs are the owners of a parcel of land in Barnstable (Marstons Mills) , Barnstable County, Massachusetts, containing 3 . approximately 36. 5 acres, and admit that the definitive plan. submitted by the Plaintiffs is situated in an RD-2 District as defined by the Zoning By-laws and official Zoning Map of the- Town of Barnstable. The Defendants admit the second sentence- of Paragra h 6 p of the Complaint. , 7. The Defendants admit the allegations contained in Paragraph 7 of the Complaint. S. The Defendants admit the allegations contained, in Paragraph 8 of the Complaint. 9. The Defendants admit that "on or about March 15, 1978, th Board of Health filed with the Planning Board its recommendation under G.L.c. 41, sec.81U . . ." and the Defendants admit that a'-copy of the recommendation of the Board of Health was annexed to the Complaint and marked "A" . The Defendants deny the remaining allegations contained in Paragraph 9 of the Complaint. 10. The Defendants admit the allegations contained ir. Paragraph 10 of the Complaint. And further answering, the Defendants state that the approval of the Planning .Board indicated that notice of the. recommendations of the Board of Health was- to be stamped on the plan. 11. The Defendants deny the allegations contained in Paragraph 11 of the Complaint. And further answering, the Defendants incorporate by reference their further answer to Paragraph 5 of the Complaint. ,i _- 4. 12. The Defendants deny the allegations contained in Paragraph 12 of the Complaint, 13. The Defendants deny the allegations contained in Paragraph 13 of the Complaint. 14. The Defendants deny the allegations contained- in Paragraph 14 of the Complaint. .. FIRST DEFENSE 15. The Complaint should be dismissed in. its entirety, or alternatively as it pertains to the Board of Health of the Town of Barnstable, for reason that the *Plaintiff has failed •to allege that a copy of the definitive plan of the subdivision was filed with the Board of Health at the same time that such plan was filed with the Planning Board, pursuant to G.L.c.41, sec.81U, and furthe that in fact no such submission was effected. SECOND DEFENSE 16. The Complaint should be .dismissed in i.ts' entirety for reason that it has been prematurely bought and' that the regulat�Gn which became operative on October 22, 1974 and which is referred---- .r to in Paragraph 5, supra, is a valid and subsisting regulation . ' well within the authority of the Board of .Health pursuant 'ta 'the r. provisions of ' sec'.31 and sec.127A. of c.111 of the G L. and further more that the Plaintiff has failed to allege and in fact could not allege that application has been made for the installation of a private water supply and a private sewage disposal system on any. lot within the subdivision which was the subject of the decision identified as Exhibit "B." in the Plaintiffs' Complaint. _ 5• WHEREFORE your Defendants pray that: 1. This Honorable Court will dismiss the .Compl.aint i.n its entirety for failure to state a claim upon which .relief may be granted; 2. This Honorable Court will dismi.ss.. the Complaint. as - it pertains to the Board of Health of the Town of.Barnstable fog: reason that the Complaint fails. to_ state a claim upon; which relief may be granted; 3. This Honorable Court will affirm. and approve the recommendation of the Board of Health referred. to as Exhibit "A" of the Plaintiffs' Complaint; 4. This Honorable Court. will affirm and approve the decision of the Planning Board of the Town of Barnstable referred_ to as Exhibit "B" of the Plaintiffs' Complaint` 5 This Honorable Court find that the -recommendation of. the Town of Barnstable Board of Health and the decision of the Town of .Barnstable Planning Board in this matter consists of an. approval of plans, with condition thereon, which are within the. scope of the authority of the Planning Board and. Boa d. of Health. p PLANNING .BOARD,TOWN OY BARNSTABL .and BOARD OF HEALTH TOWN OF s By its Attorney p d. Doug as Murphy, !is s t.Town Cou sel 397 Main St. , P.O. Box 368 Hyannis, Mass. 02601 .Tel. 775-1120, Ext. 155 • 6. - CERTIFICATE OF SERVICE A copy of the Answer has been served upon the Plaintiffs Trustees of Olde Millrace Realty Trust by mailing a copy postage prepaid, first class U. S. mail, to Richard. C. Anderson, Esq. , Fern, Anderson, Donahue & Jones, 436 Main Street, P_ O.� Box 518, Hyannis, Mass. 02601. _ J. Douglas Murphy, Assistant Town Counsel 7 7 �o MR F'Rc)m' 3)C)L)--G— I h0 5 L Pr N_l>_ .W 4 p W m L D F,LE-M E LAbb To 5KMmol�E ��LL�G ' ®niA u G u S7T . 1 _Sl�('D_MORIECOLLEGE- _� QE _-- -- -- --- -- ----- -- - -- a - - - -- - MA-1K sr� YEN rcc� , lI'tAss e, AND_ - - - - --CRPOGVItI.IE.��e-.W �oR.D,_IJI�...�'1`(A!��i���oR�o _. _... _- - - - -- - - � - - -- - - - - - --- -t - - � - - - - - - -• - --�- - - # + {�� } .. 1 K i a ,� �� � F � � t _ _ _ _ ,y'k_ _. _ � �._ _� �� _ _ .�.._ _ � _ __ __ ____ __ ,._ __ __ _.� __ _ _ t __. ._ �_ _ __ � � '� � � 1 ti _ r _._ ___ -______ ______.��. .�_�- -�_-r�- -.- ___._ ..._ ...r .___._ _.. .__ �. .. _ _ _ __ __ .. _ 1 'f � { r. , *1 r„„ ----� y4D SENDER: Complete items 1,2,and i. e Add Your address in the "RETURN TO" space on 3 reverse. m 1. The following service is requested (check one). i�Show 1:6 whom and date delivered............ 150 Show to whom, date,& address of delivery_. 350 ❑ RESTRICTED DELIVERY. Show to whom and date delivered_____________ 650 RESTRICTED DELIVERY. Show to whom, date,and address of delivery 850 2. ARTICLE ADDRESSED TO: Olde Millrace Realty Trust c/o Mr. Joslin Whitney m Box 462,Hyannis,Mass.02601 m 3. ARTICLE DESCRIPTION: REGISTERED NO. CERTIFIED NO. INSURED NO. m 1605939 y (Always obtain signature of addressee or agent) aI have received the article described ove. mm SIG AT E El eq Aut or zed agent 2 C 4. m DATE OF DELIVERY `/POSTMARK^_\ O 5. ADDRESS (Complete only if requested' =1 6. UNABLE TO DELIVER BECAUSE: CLERK'S' m c TNrrInL� s r {y GPO:1975--0-568-047 UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS PENALTY FOR PRIVATE USE TO AVOID PAYMENT SENDER INSTRUCTIONS OF POSTAGE, $300 ttttttntttttafi Print your name,address,and ZIP Code in the space below. V • Complete items 1, 2, and 3 on reverse side. • Moisten gummed ends and attach to back of article. RETURN TO Board of Health Town Of Barnstable "' 7 N'tain Street INANNIS, MASSACHUSETTS 02601 ti0 SENDER: Complete items 1,2,and 3. c Add your address in the "RETURN TO" space on 3 reverse. m 1 The following service is requested (check one). Show to whom and date delivered............ 15o Show to whom, date, & address of delivery_. 350 RESTRICTED DELIVERY. Show to whom and date delivered............. 650 RESTRICTED DELIVERY. Show to whom, date, and address of delivery 850 A 2. ARTICLE ADDRESSED TO: Mr. Joslin Whitney i Whitney & Bassett Box 462, Hyannis,Mass.02601 _m 3. ARTICLE DESCRIPTION: REGISTERED NO. CERTIFIED NO. INSURED NO. I605930 I in (Always obtain signature of addressee or agent) ran I have received the article describeX above. m SIGNI�AT.�URE ❑ Addressec Authorized agent Pc 4. `— DATE OF DELIVERY L Zv 5. ADDRESS (Complete only if request )m1 m 6. UNABLE TO DELIVER BECAUSE: CLERK'S v I r -{y GPO:1975--0-588-047 UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS PENALTY FOR PRIVATE USE TO AVOID PAYMENT SENDER INSTRUCTIONS OF POSTAGE, $300 - Print your name,address,and ZIP Code in the space below. tL&MAIL • Complete items 1, 2, and 3 on reverse side. • Moisten gummed ends and attach to back of article. I RETURN TO i I I I i F3oard of Health i Town of Barnstable i 397 Main Street HYANNIS, MASSACHJSETTS 02601 r i i Ti , April; 26, 1977 o-` ' , r. `.✓ - ,tea i "y,'. !:ey Mr.- John J, ' Rosario, 'Chairman Reif Subdivision of land- (Lando Court ^ - P]annin : Hoar g d q Plan '�72A) - ri Marstons. Mills Town :of Barnstable ,.Petitionei s`�.o1d '2�ti11race Realty Hyannis;. Massachusetts 'Trust ,t k. Dated: April >8, 101y7 Engineer:,',- .Wh.:tney: & Bassett -Q,en'kleme > • !44 > .�,5r f . The Board of: Health approves. this Subdivision, with the following conditions-: � ,. Town.•water"shall be made available to,.`each lot prior to ^approval " f of each buld3.ng,•permit In the event the developer does not -provide Town water, ,,the'° ,. Board of Health disapproves Chip w subdlv3,sion .pLari�. The •Board will consider approva) t n the event,��the developer. ~ i11 agree to build .on every; other lot until' such tim® as Town water.* is obtained ' t Each developer must submit• a; copy._of a master `plan -to the Board p showing.,the exact location,of .the:,septic_systems° throughout the subdivision. ` i _ a t. w E ach.s t e is P ws stem shall be i�.th. in .the'Pras crxbed . , - -=boundaries, of each individual lot, 4 ,Each dwelling shall"connect' to the Town sewer7when it is �available. y The' developer •must furnish. the Boat&-a "statement . from a, Registered Esigineer that the installation ©f private Sewage, systems on each lot w311' not -adversely a£f�ct surface or sub-surface. public or : private ".water .resources of (1) all""_.lots:,i;n subdivision; (2). :the adjacent- land (whether developed for not) ;, (3) -a defined aquifer recharge area r `.percolation -test' must be:`made on each lot `at -leaching site before ` a building:permit'•:wl.11..be issued* Eaoh-proppsed septic system ,must 1. . conform strictly- to Title ,V, of the 'State Environmental -_Code 'and ` :< Town..:of''Barnstable Rules -and Regulations'. I S ,•' �✓' + i .�. a '; } « -, « •. .. :4 L.' `� .. • c Mr John' J. R©sario Re• Old Mil Brace Realty Trost EApril 26, t '4 -Page 2 a` Pjrior` to'.Boasd;of 'HeaYt approval' o es�ch Abu .lding permit r mu .-the. . T i ' sewage .system',andf water sup aly must confOrm © tsiati sand` Town; =ti Health Regula•tio'ns that are in. effect=Ton, the�,dat;e af �saidt,` ` ssdancer ,. � , v �, ._ •' a ... • � :f; 4-".. � t , � y may+ �,�. r•. a V { Ve s w •ou 3t ., a .f Y rs Robert L". Childs, ,Chairman > A IZ `'EAnn J ' are shbaugh A. W. ;Man' elstam M. .� BOARD<QF, F EALT 11 ,.. K/"'^•• 8 i 4 !M t E f+E'" d�� S4 • -'` �� l- f a,y •° , vJM t •Cc: Old-i_killrace Realty Trust `Whittney & Bassett Town Clerk'` Water?Department'.:tk, k !:t. .Board 0f." gW7µ it1j a a i � s •,` A y +- h . ,+R. ' #y Y f� _ .. Y .• � �E'.. 3 L*• L'9 ,` §+ ^k t �+ k a 4, a r " .. � r-+ r � a4 .. q. •: i �' p d •. �" ¢; b :U a.. •�• t6i. iF' ' .t 1' 4' r . t L`+ � t t i'n'' i �' .1�. i @ k, 5 ,V*0g•T�. �,.� � • Pit '- r �. ro.^. � e t�ti �.� * r t 5 a.�a. �, ?'` '� F." a - `-+. a � , . �y '� a s•,« � ..•st "`,r {'" "'.`L ' ..y- t �'.•t [��fi «. ° a JR '- � a .F A.,} � .t •:t -• ':.w ��� •% f !.. ti�c:: ' r a.• T''r�� +. E �.? t . E� a �' ai;•" A. ` �'}.t fM � � j 3.: � B s • _. . y , , �1.. a�... •...�4 _ .. :• a. , rY , ...,j'e _•} .} ! ( � Y v«t• h 'ar~ ',� 14 �++N TM.. + •fir J .. �i e IL r 1 4 TOWN OF BARNSTABLE office of own eounser 397 MAIN STREET. P. O. BOX 368 HYANNIS, MASSACHUSETTS 02601 TELEPHONE 617-775-1120 EXT. 155 April 24, 1978 Ms. Barbara Holmes Neil, Clerk Barnstable S Lne.:i or Court Barnstable, bass. 42630 Re: Thomas N. George et al VS. John J. Rosario et al . . Superior Court No. 37882 Dear Ms. Neil: Enclosed please find Defendants` Answer which I kindly ask you to file. ir_ the above entitled action. Sincerely, J. Douglas Murphy Assistant Town Counsel cc: Richard C. Anderson, Esq. JDM:ecg , i COMMONWEALTH OF' MASSACHUSETTS BARNSTABLE,ss. SUPERIOR COURT f ( DOCKET NO. 37882 THOMAS N. GEORGE, DONALD F. HENDERSON ) and MARTIN C. TRAYWICK, Trustees of } OLDE MILLRACE REALTY TRUST, Plaintiffs ) I: V S- ) ANSWER OF DEFENDANTS 'i JOHN J. ROSr'II ARY ANN STRAYER, MARY ) a,NZI GRAFTON-RQG. RS, WILLIAM G. HOWES,1II, ) CHARLES F. LOC.-HART, JOSEPH J. REARDOiJ ) and JAMIES R. WILSON, as they constitute ) the Planning Board of the Town of Barnstable, and ROBERT L. CHILDS, ANN } JANE ESHBAUGH, and ABRAHANi W. MANDELSTAM,} as they constitute the Board of Health ) of the Town of Barnstable, ) Defendants 1. The Defendants admit the allegations contained in Paragraph 1 of the Complaint. 2. The Defendants admit the allegations contained in Paragraph 2 of the Complaint. 3. The Defendants deny the allegations contained in Paragraph 3 of the Complaint. 4. The Defendants admit the allegations contained in Paragraph 4 of the Complaint. S. The Defendants admit the allegations contained in' Paragraph 5 of the Complaint And further answering, the Defendants state that the regulation to which reference is made in Paragraph 5 of the Complaint was originally promulgated by publication of legal notice 2. thereof on April 11, 1974 and became effective on April 12, .1974. That pursuant to notice duly. given, a public hearing was held on October 15, 1974 for the purpose of soliciting input and voting to revise the existing regulation. That notice of the present regulation was duly given by publication and posting on October 21 1974 and teat said regulation in present' form became effective October 22, 1974. And further answering, the Defendants state that said regulation provides, inter alia that: "Variance to this regulation may be granted by the Board of Health, after a hearing, during which the applicant proves that the .installation of the private sewage- disposal system will not adversely affect surface or subsurface public or private water. resources of (1) The lot subject to the application (2) The adjacent land ( whether developed or not) or (3) a defined aquifier recharge area - In granting variances, the Board will take into consideration population density of the area, the- size and shape of the lot, slope, the. suit- . ability of the soil for drainage and percolation, existing and known future water supplies, depth . to ground water and impervious material and area reserved for expansion of sewage system and. . relocation of water supply in case of failure. " 6. The Defendants without sufficient knowledge or information to form a belief as to the truth of the allegation that the Plaintiffs are the owners of a parcel of land in Barnstable (Marstons Mills) , Barnstable County, Massachusetts, containing 3. approximately 36. 5 acres, and: admit that the definitive plan submitted by the Plaintiffs is situated in an RD-2 District as defined by the Zoning By-laws and official Zoning Map. of the Town of Barnstable. :. . The Defendants admit the second sentence. of Paragraph -6 of the Complaint. 7_ The Defendants admit the allegations contaned 'in Paragraph 7 of the Complaint. 8. The Defendants admit the allegations contained. in Paragraph 8 of the Complaint.. 9. The Defendants admit that "on or about March 15, 1978 , the Board of Health filed with the Planning Board its recommendation under G.L.c.41, sec.81U . . . and the Defendants admit that a.: copy of e recommendation - - . th of the Board of Health was annexed to the Complaint and marked "A" . The Defendants deny the remaining allegations contained in Paragraph 9 of the Complaint.. 10. The Defendants admit the allegations contained in Paragraph 10 of the Complaint. And further answering, the Defendants state that the approval of the Planning Board indicated that notice of the recommendations of the Board of Health was to be stamped on the plan.. . 11. The Defendants deny the allegations contained in Paragraph 11 of the Complaint. And further answering, the Defendants incorporate by reference their further answer to Paragraph 5 of the Complaint.' L M 4. 12. The Defendants deny the allegations contained in Paragraph 12 of the Complaint. - 13. The Defendants deny the allegations contained in Paragraph 13 of the Complaint. 14. The Defendants deny the allegations contained: in. Paragraph. 14 of the Complaint. _ FIRST DEFENSE 15. The Complaint should be dismissed in its entirety, or alternatively as it pertains to the Board of Health of the Town of Barnstable, for reason that the Plaintiff has failed •to allege that a copy of the definitive plan of. the subdivision was filed with the. Board of Health at the same time that such plan was filed with the Planning Board, pursuant to G.L.c.41, sec..81U, and furth,e that. in fact no such submission was effected. SECOND DEFENSE 16. The Complaint should be .dismissed in its entirety for , reason that it has been prematurely bought and^ that the regulation which became -operative on October 22, 1974 and which is referred to in Paragraph 5, supra, is a valid and subsisting regulation well within the authority of the Board of Health pursuant .:to the Provisions _ - _ ns P of , sec.31 and sec.1.27A of c.111 of the G.L. and further more that the Plaintiff has failed to allege and in fact could not allege that application has been made for the installation of a private water supply and a private sewage disposal system on any : lot within the subdivision which was the subject of the decision identified as Exhibit "B" -in the Plaintiffs' Complaint. . ' 4 �Y 5. WHEREFORE your Defendants pray that: _ 1. This Honorable Court will dismiss the Complaint in. its entirety for failure to state a claim upon which relief may , be granted; 2. This Honorable Court will dismiss the Complaint as it pertai, s to the Board of Health of the Town of Barnstable for reason that the Complaint fails to state a claim upon which relief may be granted; 3_ This Honorable Court will affirm and approve the recommendation of the Board of Health referred to as Exhibit "A" of the Plaintiffs' Complaint; 4. This Honorable Court will affirm and approve the decision of the Planning Board of the Town of Barnstable referred: to as Exhibit "B" of the Plaintiffs' Complaint;. 5. This Honorable Court find that the recommendation of. the Town of Barnstable Board of Health and the decision of the Town of .Barnstable Planning .Board in this matter consists of an approval of plans, with condition thereon, which are within the scope of the authority of the Planning Board and Board of Health...- PLANNING BOARD,TOWN OF BARNSTABL and BOARD OF HEALTH, TOWN OF _BARNSTABLE By its Attorney, J. Douglas Murphy, Asst.Town Cou sel 397 Main St. , P.O. Box 368 Hyannis, Mass. 02601 .Tel. 775-1120, Ext. 155 K Y 5. _ S t 1 6. - CERTIFICATE OF SERVICE A copy of the Answer has been served upon the Plaintiffs Trustees of Olde Millrace Realty. Trust by mailing a. copy postage prepaid, firs.t. class U. S. mail, to Richard C. Anderson.. Fsq., Fern, Anderson, Donahue & Jones, 436 Main Street, P. O. Box 51811 Hyannis, Mass_ 02601. J. Douglas Murphy, Assistant Town Counsel. - t - 43 3 jr f ve s S! 7 e Y. r A 5,3 ds �*1..: 17 SJ-DE `3 t si y rrl } x sz d dle ia , v` C Ilona B Sl Y G ? ,� �Di 2 l./r �3�1, ,f'���6J4{� '•.�r' =+ ;�:' s 8 51 Q r �3 C d 52 slo \ter �$ r r t ' ,r r �53 Gl 52 r � s ® �- 53 sz TOWN OF BARNSTABLE q�Qce of mown eounIfff 397 MAIN STREET, P. O. BOX 368 HYANNIS, MASSACHUSETTS 02601 TELEPHONE 617-775-1120 EXT. 155 March 10 , 1978 Mr. John M. Kelly Director of Public Health Board of Health Town of Barnstable Town Hall Hyannis , MA 02601 Re: Subdivsion of land in Marstons Mills (390) Petitioner: Olde Millrace Realty Trust Date : November 28, 1977 .Dear- Mr Kelly: .. _. .._... .... ...__ Pursuant to your request dated March 1, 1978 , I have reviewed the proposed decision of the Board of Health in the above-captioned matter and make the following recommendations . I would suggest that .the first two paragraphs of conditions beginning "The developer must provide. . . " and ending . .private sewage disposal system. " be deleted and the following language or language similar thereto be inserted: . ; "The Manning Board shall endorse on the 1,.plan the following language : 'The.... installation of a private water supply anda private sewage disposal system on a lot containing an area less than 40 ,000 square feet. of buildable .land. is prohibited, subject to variance-, as contained in Board of Health Regulation effective April .12, 1974, revised ., October 22, 1974. Prior to Board of Health approval of sewage Disposal Works Construction Permits and building permits , each lot must conform to all Board of Health. regulations . ' In addition, I would suggest that those qualities of the locus , e . g. topography, soil composition, slope , drainage, etc. which provide the rationale for the Board of Health imposing conditions upon its approval , be delineated in the recommendation to the Planning Board. It is not my ,intention to suggest that the Board of Health necessarily -cite to, the authorities upon which it bases its ,reservation in this matter, but rather that reference be had to all qualities of the locus which are under Page -2- March 10, 1978 Mr. John M. Kelly Director of Public Health Town of Barnstable consideration in determining the prohibition and variance from prohibition contained in the April 12 , 1974 regulation as revised, October 22 , 1974. I have assumed in this recommendation, that the require- ments stated in your recommendation contained in paragraphs three and five thereof predicated upon duly promulgated statutes , state regulations or local board of health regulations . In particular, I note the pro- visions of paragraph five which, unless based upon qualities of this particular locus or a valid and sub- sisting statute or regulation,would indicate a pre- supposition which might be invalid. Last.ly,_ I would s.ugg.es._t-.that your recommendation con- tain a recommendation that the Planning Board in- corporate the Board of Health recommendation en toto in its decision. Should you have any further questions on my recommendat- ions or yours , please do not hesitate to give me a call . Sincerely, ?J:to+ugas Murphy Assistant Town Co el JDM:ra it fi G OLD MILL RACE REALTY TRUST EVALUATION OF SOIL & GROUNDWATER CONDITIONS Prepared for; Fern, Anderson, Donahue & Jones I-Iyannis, Massachusetts Prepared by: Goldberg, Zoino, Dunnicliff & Associates, Inc. Newton Upper Falls, Massachusetts t k. t , f F : is v i September, 1977 File No. 1935 t --; GEOTECHNICAL CONSULTANTS { J C4.1.0 m.Jr • VJLLLAM 5 ZCr o - 44 C_4P1 CINGFF _13SEPH Q GUERTN..R - FEGE=CHNICAL CONSULTANTS. '=re OOLOSERC • ZOINO OUNNICLIFF E .ASSOCIATES, INC. : September 2, 1977 1 . File 1\o. 1935 E } Fern„ Anderson, Donahue & Jones 4.36 Main Street Hyavrni.s, Massachusetts 02601 77 3 icy Re: Old Mill Race Realty Trust ? Evaluation of Soil & Groundwater tt Conditions I i 'Gentlemen: �. . In ac-cordance with your request, the undersigned met with Mr. Richard Anderson and the project owners on the morning of AuVst 8, 1977 for the purpose of becom.•- "n acquainted with the details and the overall design of the above named project, s ' z � q P J I .Later on the same day, the undersigned was accompanied by Mr. Joslin Whitney, Civil Engineer, for a site inspection to see the actual locus. Based on this site visit and a review of other data and information available, the undersigned has F formulated the following preliminary report. x k; DESCRIPTION OF SITE kr' The site is located in the town of Barnstable, approximately 1, 500 feet east of q s the Sandwich town line and approximately 1, 500 feet west of the westerly shore- s �' line of Mystic Lake. e;# The site encompasses some 36 acres and is bounded by Race Lane to the north, Old Mill Road to the east and south, and by Jones Road to the west. The site is essentially a portion. of a broad, flat-topped plain, existing primarily above eleva- tion 100 mean sea level, except near western portions where it drops on a relatively . steep slope to elevation 80. The site is moderately wooded with pine trees and light undergrowth. To the west and south of the site lies a recent subdivision con it silting of single family homes on one-half acre lots (built within the last 10 years). ' It is understood that this subdivision utilizes individual wells and septic systems if which function adequately. f� The „eneral topography of this area slopes from north to south and the general { trend in the elevation of Mystic;Lake and adjoining ponds indicates'a similar southerly gradient in the ground«,,ater table. ; 1 � -4100 30 TOWER ROAD •NEWTON UPPER FALLS • MASS. 02164 . 617-244 1 I;. j Feri;, Anderson, Donahue & Jones (. File No. 1935 September 2, 1977 Page Two ms N AVAILABLE DATA At the time of our site visit, the undersigned had the opportunity to review considerable amounts of data prepared by the office of Whitney & Bassit, Archi- k . netts & Engineers, Hyannis, Massachusetts. This data included a topographic Plan of the project site and results of test pits and percolation tests made within the site. In addition, general plans showing roadway layouts and lot sizes, layouts of pos- sible well and septic system sites and groundwater data obtained in operating wells in the residential subdivision south of the site were available. These data have `been reviewed and were considered in the evaluations and opinions offered in lat- ter sections of this report. GEOLOGY , The geology of the area has been well documented by information published by the U. S. Geological Survey ("Geological map of the Sandwich quadrangle", Robert N. Oldale, 1975). According to this publication, the project site and the abutting Ian ds for over one mile in all directions lie within the Mashpee Pitted Plain depo- sits of Pleistocene Age. These deposits consist mostly of gravelly sand with les- ser amounts of pebble to cobble gravel. The Mashpee Pitted Plain deposits form a large outwash fan, the base of which has been inferred by Oldale to slope in a ° south to southeast direction at a gradient of about 20 feet per mile. This is con- sistent with the general topographic trend now existing in the area and similar to" the general trend of the groundwater table as mentioned above. SOIL CONDITIONS The outwash fan, consisting of pebble gravel and gravelly sand, extends to depths of 300 feet or more beneath the proposed project where it is underlain by metamor- phic igneous and sedimentary rocks. Within the site, Mr. Joslin Whitney conducted F f a total of four test holes and at a later date, six test pits and percolation tests at various locations. The logs of these test pits prepared by Mr. Whitney, .as well as bag samples of soil obtained from various strata to depths of the order of 12 to 16 feet, were avail- :. able .and examined by the undersigned. This data was consistent with our examina- tion of the soil samples. Below the topsoil and subsoil zones, the soil is predomi- nantly a -well graded, clean, fine to coarse sand with fine gravel in varying amounts. fit, I� These soils would be classified either as SW or GW using the Unified Soil Classifi- cation system. GEOTECHNICAL CONSULTANTS �i jfl �i - f Fern, Anderson, Douglas & Jones 1 File 4No. 1935 Septi-amber 2 , 1977 .Page Three ¢gym GROUNDWATER 4� Groundwater was not encountered in any of the test holes which were excavated to depths of 12 to 16 feet. The general topographic elevation of the site, which :is in excess of elevation 100, plus the elevation of Mystic Lake (el. 45. 3), Little Pond (el. 53), Muddy Pond (el. 45), as well as operating residential wells in the subdivision south of the site, indicate that the groundwater table may be about 50 feet below present ground surface. The geologic data presented by !I Oldale in his 1975 report, indicates that saturated pervious soils of the Mashpee I F.i plain aquifer may exist to depths of 200 to 300 feet below present around surface s4 -where bedrock is encountered. The elevations of the water table at various wells are shown on the plan of ground- A,�,ater data prepared by Whitney & Bassit in August 1977. Groundwater flow be- neath the site is part of the general southerly trend within the aquifer. This flow ', is constantly recharged by rainfall in the project area and to the north. This plan is enclosed as Figure 2 in the Appendix. € . SEPTIC SYSTEM PERFORMANCE FVure 3 in the Appendix shows the general project layout. As may be noted on 1 the enclosed plan, there are 60 lots, each containing in excess of 20, 000 square feet. Superimposed on the plan are the proposed locations of ground:-pater wells ' ;N and .septic systems. In each instance, a second septic system is shown for pos- sible future expansion. The distance from the well to the septic system is in excess of 150 feet in all cases. This fact, coupled with the vertical distance ; of approximately 50 feet between the present ground surface and groundwater ; table will provide considerable protection to the groundwater resources beneath �II th:e site. ::she percolation tests performed at the site by Mr. Whitney indicate excellent subsurface conditions for on-site sewage disposal. In all cases, percolation rates less than 2 minutes per inch were obtained. As discussed earlier, the geologic evidence indicates that the sand and gravel layer may exist to depths of several hundred feet. Thus, conditions appear to be -%-ery favorable for on- site disposal of sewage. The soil sequence at the site generally consists of well r .. graded, clean sands and gravel. ' This well graded characteristic of the soil would be a positive influence on the removal of coloform bacteria and other nutri- ents resulting from septic systems. ' GEOTECHNICAL C X JS ANTS i "t `I n, I Fern, Anderson, Douglas & Jones File ,No. 1935 Ir September 2, 1977 Page Four `An REG01,MENDATIONS AND CONCLUSIONS Based on the information available to us and our interpretations outlined above, we believe that adequate data has been developed and proper planning has been made to make the proposed subdivision.. The general topographic condition at the site is such that up to 50 feet of suitable granular soils exist above the water table and are, therefore, available for treatment of leachate from septic systems. �I The large quantity of water contained within the underlying aquifer appears suit- able for development of wells at the site. This may be verified by installation of test wells at the appropriate time. The wells will be in excess of 50 feet deep, and located at distances of 150 feet or more from the proposed septic systems. In summary, the undersigned is of the opinion that the project, as designed, poses ' no problems to residential subdivisions consisting of wells and septic systems on each lot. The layout and design of the individual wells and septic systems should ] be done under the direction of a registered civil engineer so that the total project l performance can be constantly monitored throughout the life of the subdivision. , We believe that the preceeding will cover the gist of our limited evaluation of this project. At this time, more detailed evaluation involving the drilling of test .4'! ,veils and performance of in-situ tests and more analytical studies does not appear to be necessary. 1' Should you have any questions, please feel free to call us. i Yours very truly, ': William S. Zoino WSZ:djw i Enclosure - Figure 1 Figure 2 r Figure 3 I ;i s; GEOTEC HNICAL CONSULTANTS ,i 4, 3i �f J� t: c �i`G `Go: ���� �q�- �\.� �t ! roar•E� � , -•�\�-�"�-��'�- if .�' p%%•. j� -�/) `�c✓�. �� 1. ��R4~ _ _- �� c.. ``\ Cry „ �u ` � _ �+ , \�- I (1/ l_-�%' ✓ I: / �'4 \ \fir\_ '� r G��\ /_�V ooj lac - r9: .� �r� \;;'\ n%'' % ',%•r .-L f1t<��' -�-s0�5� -_/ V /'Cape Cldirpo ' �.�7 ` '��- - •� ���;5' - ` F�i-� % ICJ/j'�"��1' :\ , F SIT 1'1C` tz Al rake ! - ,� W i R.4CE -! f44 44 WV 1-.= i / -' .S/12Lb QLl f R!L>�R•, �.'.• .f. t-- �v j� :• ;,�,! ".,� N"'- / 42 jl;^';*-t , /r c ?. Pond Fq i :A 43 k. Hamblin rZ'•'`JJr� r ~- �/� 111 i 4.�-'�_,' �— E Pond I. � tuQ.t1-M \\/�.i \ -�i ? { L/}c/�,�r�•r,�-- °P i' t r� J-'' /{ •i l:' `\,,. �'a - PROJECT LOCUS- MG. 1935-1 ,1 i C0-MC.AL 1 ANTS s (?i +fj ' a� .ems � ... . to Sh ` • !'� ?+ .•�F \ v. " i'e� u_aryc.v f/s iL9 18 4 •,. t a. -• ` .a D ., . . a 40 y • Al .X R y r � S a _ F Mr. Jay- Lehr . ?1. -r d� � D ° «• .. t. • , _ }.. Executive;Director.; Kati' w vial water We1X Alas©ciaoon .'. ' _`,. � ;' • � {. ,S00. w . Wilsori.Bridge Road _ s Wo thington. A"©ha o`•430g5 ` Dear Mr. -Lehr; Enclosed is`a•: Board of Health- regulation re"chairing E40,OC?0' square ' ,feet Eon lots serviced bya septic systems and private wells. We adopted the. law in April, 1,97,4;:Yand its legality ;ha's not been challenged until recently. ` . Ai:developer intends•to take us to -court if•�we ,deny a subdivision . `. of, 60 lots each; 'approximately 20,000 feet"or''over , which. iill have septic .systems and private v�Q3.1s,'. he soil' in theubdvision is coarse sand with •an•,extremely high percolation rate as `high as, four .`inches`'ar. better.per minute. .'It s` appx%X*mately 40 feet to`:.; groundwater. Y When fu11y. developed, the urea will have°`about '-1,,000 homes .with private. wells. and .septid.,systemes on 20 000-•square foot lots, , Town. £- 6water s!s several miles away. • According to' Massachusetts General,Laws;::.Board3 of Health "nay make^ ` reasonable health regulations The `developers maint in we are ,. att�cpt.ing .zoning,which is a Rla'nning Board' function.` „f I would li`,ke.."your,.;opinion t if you feel cur 'law. is,.reasonable or `. not .and .if you know, of ;ariy similar- situations. I aml a member.of the National' Wel-I Watef-Association. ' .Thank you 'for any help you can give us '- r Very,truiy 'yours, ' John 'M. 'Kelly . r Director-"of'Public Health •, f ` ,R ;' encl. 57 ScRl-e /iNCN �x/sT/,v , �eou�va . EL. /07 Grp` lr::�iC. O of l t.,)AJ t WOJO L-aA M FIIIC- F 7' Fes/TMFA[7E- p THE 1 OC/-� T 1©N Of- HE- O7"-7�0 M r > N BY P3 INCH Wg5 1/L15E-k�l?"El;;, 47,Vo ,r SF�T�.�,► .�, C 7 Z2rr Q� 1�� � f 1v1+ IMIIM L y ' Z5 6�e7l-C 0A 5' OF- W q rE-)e. -T/ E eIEj s o,�P ri QN �'A--c-- - �M //VC"HEs - �-� /'✓11 AlL/TES��SEC��t! /5 da- 4 V moo_ da. /0 do_ �u do. r'r do. GTS dc�: t� F E. JOSLIN N` ( �. vF' liH(TN -Y cz ,Lrl�t' � -7/ p Tzc: 5 7 Z: V- /�:,�e6 0/- 4 71 Inf-5 : virt�TfiRY. �� Ju�vc- J7 1977 . er-90>xrTLk .11, ^' I 1'T 67 ♦ ( fire. f Jt' February o9, .1998• � � 9 c�'r A, ,r n r"° � �,� •j' � . r ;.. •'S r ,�`4t it ,C 4 ... • is •,. 1y�r Z•• f .y � A " a ' � ! .. . .f• ` '• �A a� "A err,f ', r +Ia • .,< Y` '3r •i•' - ] 'k Dr., Wii1'iam Kerfoot r` Environmental services Div. L I Environmental c Dev ei,.Corp, Tower Building �. T `4 z NMarion, 'riassachusetts 02738 f Dear' Dr. Iierfoot - "• 4 i, , ♦°�' #? •y, !. . � gip- I '.. .. .dg f� `.�F•' Y-, e ,.x ..w+ 1. ! 'V«s r i Enclosed` is the portfolio '`on- the ubdiVis .an I="discussed bytlephoia idesd �rb , 9.you; e y,, eruary 8 178,' and a V ti r copy of our Hoard of F eilihl'�regulation, • : , . .f f. ..At ;.this •r ^ t.•' m ^••. • "� '., •` ' ry..w s Y'.•'""`' '♦'' m , wat.age we have;`not.: ap&C4i h ed;'the Town Finance Comttee :'for �fundring for, expert'evaluation and, testim6i y `- `` However. this .w .11,:be necessrry if 'ta intend -to ~z� .ti enforce''our Aregulatio., x d . ' f. DYour, o o union r p p , as to our Chances, {ir.,court„ on this subdivision y `A Y (would Tbe'•cf eatly appreciated.' ' `Please call me at' 775-11 0 " Z ,t extension '121, of you have any ` Y -questions. ., ` P.Y t 'very truly. y© 'John' M. Keily' Director of Public Health V f+KJmi encl 2 : P<T .°!• t ,+ ��N 4 1 if . R.p,4 Ti - a .. . F yy .. _ 1, 0 L TE 57- LE-S P 'C. TEST- �. 1 r.�c ��?CoL. q7'-l0AJ 7�T T 5 EX ,Yf ti !ti/oo LORfv? 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Box 462 E.JOSLIN WHITNEY v WHITNEY &-9 BASSETT �Irchitelts and Engineers Hyannis, Massachusetts 0260i June 30, 1977 Chairman Town of Barnstable Board of Health Town Hall Hyannis, MA 02601 Re: Test Holes & Perculations Lots 12, 23, 29, 39, 50, 56; Old Millrace Realty Trust, Old Mill Road & Race Lane, Marstons Mills Dear Members of the Board: Pursuant to the request of your agent, John Kelley, on June 29th, 1977, we herewith submit copies of our findings of June 27th, relative to the above . As you know, these tests were done in accordance with your request in a letter dated May 25, and received June 14, 1977. Your representative, Paul Murray, was present during the testing and established the guide- lines for the tests. If there is any further information you require, please contact this office. Very truly yours, WHITNEY & BASSETT E?'*'J slin Whitney cgh F i /9 0 -TEST/�IO�.E J2G. 7F5r 4 . 13 Oz-a V/�� , ,go SCALE- l wcit =(50FEET Ex�sri n�c Gee Nr� Ec . 105:71 ��COLqTIoAj 7e-!5T 7`01c> 0s, rJ r� 1�Vo0n L(:Z4r4 Poor' Pi 7- wA5 MRZ;IC- JU N9- � AT THE- L O C�TIOhI DF fi H�- 4 47- 7W- E607 7-0Af a}�. 4i'lANfE 7-6, 'i a-Y /NGH W45 /N SE�?T r�t �s ��iE�SLC SFaNDY SA 71U�c'A7"ED. 7-0. g Z57e 7 H .. Or- l2 1 ni cNF5 W1 rar 7-1 ont )eq-y- --- ,,. //ACMES -- 0 M/IQU7-65 ZD s co do: :_ C7 da• 45 do p Co�vv�eSF SA�vU � 9 do. I do. lO /f do. ,� rr t WHITNE t v4 / f 7F5/ (07 - 6 v 14130 JtJNE• 27 /9 77 r t Py� gNN/5, �R55. , ti ;. t c,t,�"' -TE5T6-�OLES � PE�2CTEST a, p0 PL Rl\,l � 54:0' ;? !� Wooer LoQlv� 4 �l�-��- Four Pl y" W,qs m'gcOe- � L O cF-)Ti oN ©F- T-A4F- �,.. COA,�sE- � Finite SANo.� , ¢ N (fYL/h/z2E)e /ZiNCN G2IAME7-EA ":';�✓s - - - _ -- BY In/CH W q 5 /,N5E,rz7-E0 Q 4 h+'•� I Sy ru A r- t� 4-7v7-N OF- E o T NCf/E-5 WITH 1qPPF--0X/MA7'E1-Y p �oR'L--5 L- seF;lvz:, -TNE- R SU MINUTES 30SEC0ND MAI do. CJO. - 3 do. 00 do. do, -- 5 d o. 30 do. T&s7 WHITULY J,-� 4.559 o , E. J'cr9tlIN �pf'ecoz-'97-low7e.�-r Zo7 , +, 4 /�1,v& 27 /977 'w r tWk/Tiv�v ,bra�.�.�r r- �,��c,�i/ CC 5 J tI&L 4- 0 O8 �1 G, 'C7L�N0L. /�..�.f'a OP Sp / ,,>'trALE j /NCNS( FEE7' L. Pf erot A?rlo" 7E:5r 4F�M i'i i + �9 Sug ©its C4AY 15,Q41-s �? 5/X F00r f/7" Y-V Q 5 MAL;;'C— ` qr THE L O C�177'10AJ or- rHC-- -- - -- L LACE INC A�eEoQ. /-fir THC- EEO 7"rOA.4 A (fYU"C;'&-e 12/nrCH D/Fr,4C-TEAe •Ys �` tk'. OY /S INCH wl475 /u56)e7ll-o RA/O SR7'"U�ArEL7 TtJ 4F- �q 12 /NCA-/E5 W/rN 4jt;>P ;?OX1Af4 ELY Gri�L,G�/C)/J5,eSpor- w"g-r k?. T:. =w, 3INC14E5- 0 MIAJU7'E545SECCN . 00 dQ_ do W ar�rqs�� Tc,57- I-lo L . E. 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Jos Mt WHITNEY CA 0 OZD - �� s9� -Iloa-5 �Pmcal.,4-u-lolv hc5 7- 7 Wf4TNEY p -1411vr- ,?7, 19 77 r oN 49 14'E'L L 0 Q tl j 7"Esr LE-s f PE)ac. 72�sr fsd . o�� E s rl-- G u v EL. �05:5Z PnecoL g7"l alj 7e— s7 �- l: =\9 T' SD/L FOOD LORm A i5 X r-oor P17` YVRS MR�- 3s g -- — — — Rr 7'H& LOCA710144 OF- 7-/4 -- _5 LERC1-I1Na gAeER. ,qr TP& 8or- UM CLRY giq L LS R CYL 11,1 DE Z /Z INCH O1,9ME7&e Y•,A.. BY /8 WCH W qS /N S E2 7"E-C' ANG? CaR s�- SR rc� R-r-Et� 7-o R Oc-PT� o�- � /2 i�1cf-/E5� vvl7'N Ar-�r-��oxf�gT'Ec.Y N, /1./E- i4A1v5 25_ CRLLOAJS OF- 4- d o . 10 do 40 40. 1Z do. — 19 ' do IS do, kr }� T&s7� � �11 1 . .'Q L 10SLIN WHITNEY ' - 1-07 ,50- f 5 TMOLf 5 �ll��,o colq TIoAl Te-5 µ, E. .r7RLiN i WMTN€Y �UN 4?7 /.9 77 '�•��,;��F� �T�.a/ �� GI�H/TN�Y �"' G�,C7,.�,��E 7'?�- F�',��'/-�/Tf�'?"�' �.�iV�NEE,�;S r . 57 49 7 r- 1 Sc�Le- /i�/cH =c�C�FE�r E-x/67-/n/(:�j 4�TeOUN0 . Pz- l07 "'e COL9710A.1 ?2= 57— row So/� AFIVE- FOOT P/7- w,,q6 MgL7E=- �,;. Of-:- -7WC-- •`" Pl�v�c5igNo6 L EK-7cl-//NG o! 7zEq. Qr ,rl—- Eo7"roM C - - - - - - q CILINoE,� l /HIGH D/AMETFr' O ;{, 8Y 18 INCH PWg5`'/A/5 E-AF7-C-P gAlo S97"CJ :,,,q -o ro ,e7 CEGTN OF-- 4- I� INANE s w1rH gppAeox/MArELy � t� C©,4rzsE SAivc.�- Z5 cgLC Oti/5 Or- LVq 7-E,tom. 7--/E-- qe 5 oeF7 7-/oAl k:-Iq 7'E~ - g'.L E�{ � �//VC/�E'S - O MI NUTES 3O SECOtit c10 , l5 do- do. 055 do. 'A OF Alm WHITNEY 0L.Oe MiL L R4C,6: , -,4.L T f7,eo:7" 1fE. JQSLJK LOB - Tc 7110E -*1- MiiTN.EY, JvA/L 07, /977 kA sic hG� //mac sere _ y _ h gfion=51 ::::/V gEo79E ATTORNEY AND COUNSELOR AT LAW 776 MAIN STREET HYANNIS, MASSACHUSETTS, 02601 617-775-5386 - May 12, 1977 Robert L. Childs, Chairman Town of Barnstable Board of Health Town Hall Hyannis, MA 02601 Dear Mr. Childs: Enclosed is a copy of a Revised Plan of Land in Marstons Mills, owned by Olde Millrace Realty Trust. This revised plan is being submitted as a preliminary to the Barnstable Planning Board for consideration on May..16, ,- 1977 . The owners are withdrawin& the plan previously kibmitted and considered by you, on Apri'1 21, 1977. i In submitting the new plan we wish ,to bring to your atten- tion certain differences between the two plans. 1. This plan 9howsi60j'lots ,as opposed• to the pre- vious 63; thus the density is reduced. 2. It is possible on all of these lots to construct a septic system along with a private water system with them being 150 ft. apart, thus the systems are fifty percent (50%) further apart than the the minimum required under Title, V. 3. The lots are on the average larger than those shown on the previous plan. This letter is being forwarded with the request that you approve this plan as submitted. We do not believe that the requirements expressed in your regulation of October 1974 should deter this approval and submit, in addition to the foregoing, the following reasons. 1. 40,000 square feet does not guarantee that the x-- R I I ' 2 septic and water systems on abutting lots will be further away than the minimum sideline re- quirements; . 2. The Town jMeeting rejected 40,000 foot zoning .in this area after full debate on the Town Meeting floor and therefore," your regulation requiring the same does not express the will of the people and further it imposes requirements of a nature germane to the Planning Board' s authority and not that of the Board of Health. 3: Massachusetts General. Laws, Chapter 41, Section 81u, has been interpreted by .the courts to mean that while you have authority to disapprove"a sub- division plan, you must do so based on specific findings of fact as relates to` lot.,:;and its sewage system, drainage, and percolation quali- ties of the soil yet these findings cannot be made without testing, and testing cannot be required prior to the request- for a building permit, it appears to us that absent the testing ' 'a;.complete plan must be approved as submitted. It is our understanding that your next meeting will be April 26th, and we request your consideration of this plan at that. time, and we expect to be present to answer any questions you may have. Very' t-rul Ve ` ours , . YY .� � . Vk ' O1de -Millrace,Realty,Trust tBy` ts `Attorney`,; mas eorge _ . 776 in Street Hyannis, MA 02601 (617) 775-5386 c FERN, ANDERSON, DONAHUE & JONES ATTORNEYS AT LAW DANIEL J. FERN P. 0.BOX SIB RICHARD C.ANDERSON 436 MAIN STREET ROBERT J. DONAHUE HYANNIS, MAS5ACHUSETTS 02601 STFPHEN C. ,,JONES AREA CODE 617 77S-S62S CHARLES M. SABATT May 28, 1980 Bruce P. Gilmore, Town Counsel Town of Barnstable Town Offices Hyannis, MA 02601 Re: Old Millrace Realty Trust Dear Bruce: Now that the Centerville-Osterville Water District _ has voted favorably with respect to the FHA loan to install - water service, I would like to get the plan squared away and recorded, in order that my clients might sell some lots if such opportunity presents itself. I would like to suggest that a notation appear. on the plan to the effect that no lot shown thereon containing less than 40,000 square feet shall be built upon unless the structure placed on said lot be connected to the municipal water system, the installation of which I understand is to proceed this Fall. Could you give this some thought and get back to me. Personal regards. Sincerely, Wichard C. Anderson RCA:esj cc:. Donald F. Henderson, Esq. Thomas N. George, Esq. I DAMES E. NICKERSON COUNSELLOR AT LAW AUNT EDITH'S ROAD - SOUTH YARMOUTH, MASS. 02664 TELEPHONE MEMBER MASSACHUSETTS AND NEW YORK BARS 617-394-7891 September 28, 1977 Dear Janeo With respect to your interest in getting a witness for the anticipated litigation about the regulation., I believe that Zane S peigel would probably be• the best, but he is way out in.New Mexico, and I understand that .his fees are pretty high. I suggest that you -get in touch with Dr. Harold Thomas, Harvard University, Public Health Department, to see whether he or someone he would recommend in that Public Health Depart- . . went would give the testimony that you need. In the same con- nection, there is _Karol Wisnieski in' the Public Health Depart-. meat of Massachusetts University, who is referred to in your j file, and you might wish to get in touch with him to see what he or experts in his department would do. I think it is very important that they be given not only the text of the regulation, but also a clear explanation of what is -the nature of the testimony you need.. I have found that most of these scientists have so many qualifications to what they state that they mill be misunderstood unless they thoroughly understand what the precise legal question is, The question concerning the regulation is not whether there is a'certainty that pollution will result unless the restrictions of the regulation are observed. Xis whether, taking the town as a whole, it is reasonable to find that there is a hazard that such pollution will occur. It is, of • course, impossible to know what the precise, ground water flowage patterns , etc. are in every single lot throughout the town. absent that complete knowledge, the question is , - whether the -stated restrictions have a reasonable basis for a presumption that such hazards exist. This is so because the 'regulation provides that any person who. is aggrieved has a right- to appear before the Board of Health and show that the general presumption as regards the town as a. whole does not apply to the particular situation as regards his individual lots. _2_ I am also enclosing a draft memorandum which I prepared for the purpose of analyzing what the real question is. I hope this may be of some help, because I am convinced from my legal experience that unless the Court understands the right question, you don't get the right answer. Sincerely, Ea r f ` MEMORANDUM ON BEHALF OF THE TOWN OF BARNS TA BLE_, BOARD OF HEALTH Pe,, ry Statement In determining whether the regulation is valid or invalid, the f irst essential is to determine what is the controlling question involved. It is claimed that the regulation is, in essence, a zoning measure and, therefore, not within the powers of the Board of Health. We say that the regulation is clearly directed to and coneerns only. a health matter -- -that is , the pollution of water for human c onsumpt i'on and use. The- only question. is whether the regulation lacks any reasonable basis .as a protection against .the_hazards of such pollution._.. When that controlling question is more preelsely. -stated, as is done below - .it will be seen that 'the issuance of the regulation was clearly within the powers of the Board of Health and is valid in all respects. • I. The Regulation Deals Solely With a Matter of Health and is not Invalid Because of Being a Zoning Measure The claim that the regulation is a zoning measure has nothing more to support it than that the regulation refers to "a lot containing- an area less than 40,000 square feet of buildable land." This ignores the context in which that lan- guage appears; ignores every prevision concerning what the regulation is designed to prevent; and, in short, ignores the whole substance of the regulation by focusing on merely a few words, taken out of context. Consider first what the regulation does not do, It does not create or purport to create any zoning district. It does not have any application to buildable lots merely because they , have a minimum of 40,000 square feet. It has no application whatever to any lots which have a public water supplyl nor to any lots which have a public sewage system. It does not pro- hibit the use of any such lots for either residential or com- mercial purposes. So- far as the regulation is concerned, the buildable lots in town could be any size, 10,000 square feet or less , if the particular health hazards with which the regu- lation is concerned do not exist - that is, the eoexistenee,..of both a private water system, and a private sewage - system,.,.,° , , Thus, the regulation is directed explicitly to one thing the proximity of "a private water supply" to "a private sewage disposal system.." If this is not a health matter, instead of a zoning measure, it is impossible t.o imagine what could beq Nothing could be more obvious than that some minimum dis- tance between a private sewage disposal system and a private water supply system is needed as a health measure. So, the. only question here involved is whether the restrictions set fprth, in the regulation are unreasonable as a health measure. . In framing precisely the only question involved, it is first necessary to refer to the key points of -law- involved. N There is no doubt but that the Board of Health had the power to make "reasonable health regulations". for- the -protection of public health; and that while such regulations could not -2- conflict with the laws of the Commonwealth or the provisions of the Sanitary Code, they could contain "requirements strleter than those in the Code itself." The Massachusetts Legislature delegated to the town Boards of Health to that extent, its police power in the field: Qf pub- lie healthl and it was held in Commonwealth v Houtenbrinck_: 1920, 235 Mass. 320 that whatever rationally tends to the promotion and preservation of the public health is within the police power of the state, More than that, in determining whether a given regulation Is reasonable - or rationally tends to the promotion and preser ration of the public health - all reasonable presumptions are to be m (Ralston v fig_,ade in favor of the health regulation. • 19569 334 Mass . 59. ) In other words, the court is required to defer to the judg- ment of the Board of Health unless it appears that there is.,no seasonable or rational basis to sustain the regulation In ques- tion as a measure for the protection of public health. Clearly, one, if not the most important, rational psis for a health regulation is to protect. against health hazards, that is, against substantial risks. The law does not require for the validity of a health regulation that it be eertai_n_.that the health will be adversely affected without the regulation, If that were the law, it would mean that the most important health measures adopted in the state and in the nation, for that matter, would all be invalid. The protection of health against hazards is all that is required. Thus, the question upon which this proceeding turns -is as follows$ -3- C Was there and reasonable basis for the Board of Health to adopt the regulation as a means for protecting health against the hazards of the pollution of private water supply systems by private sewage disposal systems within the town of Barnstable? If there was any such reasonable basis, then the regula- tion must be found. to be valid, II. A Finding is Required that the Answer to the ntrolli es Son is . in a Affirmative hat ,-the Regulation is Valid .in li '8espeets To begin with, there is undoubtedly a water pollutipr. prob- lem on the Cape. So much so that the Cape has been designated under the Federal Water Pollution Control Act as an area:-to develop a so-called 208 Plan to cope with it. So much so,,-that the federal government allocated $350,000 for a, study to-be._ made to develop such a plan. And so much so that at the present time the town of Yarmouth, for example, has found it necessary to plan for the construction of public sewage and other related facilities at an estimated cost of 76 million dollars. Why is it that such a threat to water pollution on the Cape now exists as to put the focus on the need for such pub- lic sewage disposal facilities? It is the kind. of congestion • ' that is developing on the Cape which, among other. thingst operates so as to bring private sewage disposal systems closer to private water supplied and thus to create a hazard that must be dealt with. That is precisely what .the regulation 7 i I. Issued by the -Board of Health of Barnstable is concerned with. If the regulation had merely established the risks which It did; there would, without more, have been a reasonable basis for 1t, (Here add the testimony or other evidence which is to r be relied on. ) However; if the regulation had merely stopped there and had not provided for the variances and exceptions referred to abpve, there might have been a bona fide question concerning its validity.. But} i:t did not stop there. It recognized that the relevant :factors may -not be the same on every individual pareelof-land in every place within the whole town. It recognized that there could be exceptions depending on the flowage patterns of the ground water;' the rate of percolation and the like. Thus, the restrictlons are not final= they are, upon the application of any party, subJect . to review and modification by the Board of. Health, depending, on the facts in any particular case. The criteria for the a�,ting of the. variances are whether In such a particular case the private sewage system will not adversely affect the private water supply. Those criteria invtllve the consideration of such things .as the suitability of the soil for drainage and percolation and the depth to ground water and impervious material. Thus, in essence, the regulation establishes a general pre- sumption that there is a hazard to health when, within the town of Barnstable as it now exists, there is installed a private_ sewage system and a private water supply closer- together than 4 stated in the restrictions= but then goes -on to give any person a full and fair opportunity to rebut that presumption in light -5- • � t of the situation in any particular case. One would think with full justification that any. person a developer or other - would, in his own private interests, want to know whether there was to be a water pollution hazard on the particular lots where there was to be installed a pri- vate water supply in such close proximity to a sewage disposal. But; quite apart from what any individual developer or person may think, it makes no sense to put the impossible,. bden on"a town Board of Health to make a detailed examination of the relevant factors in every single buildable lot throughout the whole town before it can issue a valid regulation applicable to the whole torn, when that regulation gives to every person,, the . _right to show that the particular lot with which he is concerned is ,such that it will not, involve any health hazard. 3 ' r ... .•• a. r F.. - _ ' Y e-i kt a ., .f '©citobe +6`S.'- 1977 4, Mr. 'Richard „Ci. Anderson -Attorney at`Law ' P. 0.* ,Box •516 Hyannis.; Massachusetts Dear r I ir." kiderson • a we are' confirming• our telephone- conversat 6h of October 5. ' V "have changed the :date 'ok'our`meeting, from October" 19 t© ,October. 24 r . 19 77.,. You are on the '-agenda t for-.5 F,► LM« to` 'discuss-the report from Goldberg-Zoino-Dann cliff "& Associates > ~ for the. proposed ,subdivision of Olde killraee •Realty' Trust, I located in Marstons mills } - if ,es Lmeets -with, your approval. we. would .appreciate.you con firming: the date with our o€fice Yer.y trulyyour :t "John M . Kell y t ^ Director of Public Health' 5 � JMK f _mm , T s" ^ Ya H SENDER: Complete items 1.2,and 3. e r Add your address in the "RETURN TO" space on 3 reverse. 0 1. The following service is requested (check one). 3 Show to whom and date delivered............ 150 Show to whom,date, & address of delivery.. 350 a, ❑ RESTRICTED DELIVERY. Show to whom and date delivered_____________ 650 Q RESTRICTED DELIVERY. Show to whom, date, and address of delivery 851f z 2. ARTICLE ADDRESSED TO: Mr. Richard C. Anderson P . 0. Box 518 m Hyannis, Mass. 02601 m 3. ARTICLE DESCRIPTION: REGISTERED NO. CERTIFIED NO. INSURED NO. 508976 y (Always obtain signature of addressee or agent) -1 m I have received the articl�scribed above. CSIGNATURE �❑ Adds e ❑ Authorized agent CC 4. m DdTE�OF DEL VERY POStINARK "N: _a/ z Zv 5. ADDRESS (Complete only if requested) rn �� 6. UNABLE TO DELIVER BECAUSE: CLER 'S O INI IS D r GOP:1976-0-203-456 f I UNITED STATES POSTAL SERVICE J OFFICIAL BUSINESSi SENDER INSTRUCTIONS PENALTY FOR PRIVATE USE TO.AVOID PAYMENT Print your name,address,and ZIP Code in the space below. OF POSTAGE, $300 r. t II' • Complete items 1, 2, and 3 on the reverse. � '.^ ' I • Moisten gummed ends and attach to front of article r I if space permits. Otherwise affix to back of article. • Endorse article "Return Receipt Requested" adia- (� cent to number. I RETURN M U 0oard of Health T,., I A of Barnstable 397 Main rpelrepder> HYANNIS,-MASSACHUSETTS 02601 . (Street or P.O. Box). (City, State, and ZIP Code) s , ` r .hs E �. =p .� A r 1,•Y ,�^' >, s.z y �,:, :s � .>w " t `� t ,"� t ^} t �+ !^' •3 r ` L fr .. }y � •- K i.` .wx3' it Wa, •' a ��� .� �t k P •�'�� n} d J " ,�z ' ,r�r "*�" 4�t�- 9 ik• `_ M r �. • ;. i - ,f B• + f l;ti"B v# � 'j ';_• :"� f Y "f ' y4 . f + Septembers 22�'. 1977 ..-t �,, ..''."w vit.` �, t +• a r �A •� & '`dThr -. a ''S-`i+� .- f -.t. F .. s t'�Mv„ �:.. � •Y I. fy .� F M, t �� w 'Z ti• ! 1: .'Jf�9 4 T y*+ i q w <, .t t {t •;.. Y 3 A:,f r _ a �`r .'J`• ;�., ° k e'1 i 4* ar # 4' � c i y � [ Ft .„7r• ^i• ul> * .,..IT f 't�� r 5 '"� ..E,Ea r..'p a a " w' { ;e �_ .. �� ,. r w t „�. .1 � '! ° _ { r .. # •. Mi . Richard C, Anderson y Y K :Attorney` at .,TAW + °k P .'3O A..KBOX «{.7 1(J'ti. 435 M1 ,I1 .S 4rey�irt �i.: ;�, x,' n _ we t`a. x1 t •. H minis Massachasett:� 3. •]/^ < i y4, Dear.:Mr.`�•Anderson-':- . , `` 4 - ",° , . _ • . -•h r Thank" you €or'you�r, setter received nSeptember`'.21.,'��.977 re" 1 �questing4 a meeting:, to;'d�.seues -the•'r: port frQm;-.Golclx org-► Z©ino--Dannicl ff & Associates; concerz�iiig a proposed subdivision .,,, .of 0 de"N llrace Realty Trust"- �ocatied in M�irstc�ns M� ' 1.` r « 3 ,n :Y r .rh 3`• A �Y..B '"y, Y.'.,h �-';, t • - a •` > .,-• ;• '+ ., "",1; y.. _ .v`_ S '!.,ST a r i•i. _ •y Via '° •LL.•Ws.have�put= you 4 on' the agenda. 'for 5 P:M at our;-Board",meeting ,,Vedne$day October' 19, • �; x dap -+1' ?. wedvid yid appreciate recei:ri3.ng a©pies o€Y�the s+ report asp soon ,A °' x} t D ry as,•possible to' assist us '3n our, evaluation and ultiift4i6 " # Oecision.',' •.:. ' .. t « ,•� !v ' c,-• i' , t s, t ;t t i.'n x a 3 �. + ,� 3.• % ;! x A.t,y F ,:a .. ; Very truly ymtsrs , R . ,` y .; '{�' f ° Robert.,L.° Childs, �B 't Ann'-Jane., hbaugh' C '!/; 3/ t^t t.` . s' r ,off.. •�._.a y ° �j.b E'f �v s i . a ' .d„h ..ti A�f Y�}. °(,1M.a::�•Wiell3t�m ,M a Li f { .` l t.. `•A n t ; .,' :{ ` ,.r t„ .i.. Y r,B: t .r� ,i ` ,a°P 9.. ;A <Y i" a.' ,s* •Mid `x 4 p` s .a, '{ '. •"t S .� "t t ,= ��. w I •. y.xS +,y. F= T ,. i .. ° V a ..� "` At raw. fi 1. BOARD OI`' ,HEALTH , '$ ti �",%v .: i`' ..t.• � 'tz4i t �e i B Y `f •�''S a t � < :n � t t a .•.,� - JMK/uam ..w r r ,+r d+,.,: ,Y• r.:. e e rj- ` ".. ♦ V.•, � :' ,ti s .. a fib= `, y �� ..� � ay i 'r}° -ti. * ;`�^E t 7 � + ,'Y ' e f v •r � 'f x ,, t , '' to 9. } � r "� _ � � V - •',t ,.`t ..' ' - t�- ` B, %� ,'! � B ; ,t B Y:4.. .,� V t ,�d•. r "r } .• •\3' �. ''"` +�'.1° �, ,T° �; ! � .,r0 � �;Y r � tL .� _ `.3.+ , 'r•. s{,�1, .- �t !,� 4- k Yi. iw .t tr u,. i +A�. S✓ � •; ..7 r.. � a 3. } .- t �°' t _"g ; " f r, ^ a 4`e .� w k.�.'� tM T'b r 4' a �c � t �..F� t 1�3 1 •� y�� + `• ,ti x• A' (�,a,i r FERN, ANDERSON, DONAHUE & JONES ATTORNEYS AT LAW DANIEL J. FERN .F - ..� _ �, P.O-BOX 51B RICHARD C.ANDERSON ' 436 MAIN •STREET.. ROBERT J. DONAHUE .` ' HYANNIS,MASSACHUSETTS 02601 5TEPHEN C. JONEB - - AREA•CODE 617 775-5625 + CHARLES M. SABATT ' ' • . • - ,File #77-282 September '20, 1977 Board'of Health" r_ ; • 1- - Town 'of Barnstable 397 Main Street ,Hyannis, MA 02601 . , Re: •01de Millrace Realty Trust t Subdivision of Land in Marttons Mills `Dear Members'• of the Board of Health: 4k, ; t At our discussion' on `July 20 it was . decided that we y would- engage the services of a -geotechnical' expert -to prepare a report as• to the consequences of having on-site- sewage .and water in a subdivision of 20,000 square -foot lots. Such re report has -now been prepared by the firm of Goldberg-Zoino F Dunnicliff & Associates,- "Inc. , and -I-,would -now like to .arrange af_;further meeting with you to .present and discuss .this 'report. Since - i rd C Anderson RCA:esj, cc: Thomas - N. George, Esq. " Donald F. . Henderson, Esq. FERN, ANDERSON, DONAHUE & JONES ATTORNEYS AT LAW DANIEL J. FERN - P.0.BOX SIB .RICHARD C.ANDERSON _ 436 MAIN STREET - - ROBERT J. DONAHUE HYANNIS,MASSACHUSETTS 02601' STEPHENC_ JONES _ AREA CODE 617 77S-562S CHAR LES M. SABATT y� rile #77-282 July 13, 1977 Board of Health Town of Barnstable ' 397 Main Street Hyannis, MA 02601 Re: Olde Millrace Realty Trust .Subdivision of Land in Marstons Mills Dear Members of the Board .of Health: As counsel for Thomas N. George et al, I hereby acknowledge your letter of July 6, 1977 to Mr. George advising of a scheduled hearing on Wednesday, July 20, 1977, at 4:45 p.m. This time and date is satisfactory to myself and my clients to meet informally with you for purposes of dis- : cussing the above-captioned subdivision toward the end that existing differences might be resolved. I will not consider our meeting as a hearing, since no written request has been made for a formal hearing on the subdivision plan and we will not be prepared to offer any evidence supportive of our position that the subidivision plan is entitled to a favorable recommendation by the Board of Health to the Planning Board. Again I reiterate that we desire to meet with you on the 20th for informal discussion with respect to the plan. Since-re , 'R ehatcr" , Anderson RCA•esj a tyt r• a FERN, ANDERSON, DONAHUE & JONES ATTORNEYS AT LAW OANIEL J. FERN - P.O.BOX SIB • RICHARD C.ANDERSON 435 MAIN STREET RoeERrJ. D!ONAHUE HYANN IS,MASSACHUSETTS 026OI STEPHEN•C. JDNES + - AREA CDDE 517 775-5625 CHAR LES M. SA6ATT ri e, #77-282 t July 13, 1977 Board :of Health Town of Barnstable , 397 Main Street Hyannis, `MA 02601 Re: 61de Millrace Realty Trust Subdivision of Land `iri Marstons Mills Dear, Members of the, Board -of Health: ` As- counsel for Thomas N. George et al; I hereby acknowledge your letter. of July 6, 1977 to :Mr. George advising of •a -scheduled -hearing on Wednesday, July 20, 1977, ' • at 4:45 p.m. . This time and date is satisfactory to myself and my clients to meet informally with you for. purposes of- dis=• cussing the above-captioned subdivision toward the end that existing differences might be ,resolved. I will not consider our meeting as a, hearing, since no written request has been made for a formal hearing on ,the ' subdivision plan and we will .not be prepared to offer any evidence supportive 'of our position that the subidivision plan is entitled to a favorable,"-recommendation by -the Board of Health to the Planning. Board. Again I reiterate `that we desire to meet with you . the 20th for informal discussion with respect to the plan.- , Sinc r r C. An RCA:esj ; y 3ENDER: Complete items I 2,and i. a ly« Add�nu�•address, in the "RETURN TO" space on 00 1. The following service is requested-(check one). z Show to whom and date delivered ::.._....250 ❑ Show to whom,date,&address of delivery .....450 RESTRICTED DELIVERY. Show to whom and date delivered ............850 0 RESTRICTED DELIVERY. Show to whom,date,and address of delivery ..$1.05 (Fees shown are in addition to postage charges and other fees). 2. ARTICLE ADDRESSED TO: Mr. Thomas N. George X Olde Millrace Realty Trust A 776 Main St. , m m 3. RI . REGISTERED NO. 1. CERTIFIED NO. INSURED NO. 526801 I m y (Always obtain signature of addressee or agent) rnn I have received the article described above. CSIGNATURE ❑ Addressee ❑ Atkhorized agent m 4. DATE -DELIVERY PLT , i C 5. ADDR S ( omplete only if requested) 4441 =� 6. UNA&Lt TO DELIVER BECAUSE: CLERK'S p INITIALS D r - GOP:1976--O'-203-456 r UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS PENALTY FOR PRIVATE USE TO AVOID PAYMENT Print your name,address,and ZIP Code in the space below. OF POSTAGE, $300 • Complete items 1, 2, and 3 on the reverse. • Moisten gummed ends and attach to front of article LIL&INWIL if space permits. Otherwise affix to back of article. • Endorse article "Return Receipt Requested" adja- cent to number. RETURN TO Board of Health (Nance of mender) ` Town of Barnstable P. 0. Box .534 (Street or P.O. Box) HYANNIS MA 02601 T (City, State, and ZIP Code) �t . July 6,: 1977, Mr Th©amas' N.� 6evrg : Re: Subdi.vi ib _ s n of land in Ode:Millrac Ret Trn, tx - 1s ' ons ri;tl .s tNo., 3Q):_ i 'TT6 Main--Street -Petitioner: 41do Millraoa yanniis, ,Massachusetts Realty Trust DatedApx• l 8 y -19'77 Engineer 3., 'Whitney & 44 ett ' Hear Mr, 'George We have sohedu3ed you for, a -hearing, .'aa•,��ya� ;requested in previQus correspondence; inr regada -to your. 60 lAt $uh- � -� r divis oii 7 pIaA ,Land Court Plan'No ` 72 "M 1licace The hearing, t :lY`be held at 4 t45 P M - " .Wednesday, �Jkily 260 y . 1977.s at the Board of Health offi0e", ,397 :Main *street, Hyannis. Please let us know if 'thi } } s date; a:s• mat is factory'for ^emu - u clients a,d' yorD ,. a r r • L r very truiv, yours `a • Ro ert 'Lt1si Chaisn,an--' 'Annan Es'hbaugh _ < A•, . nde�.sta�, »M f DR w Y• BOAjRD),OF HEALTH cosz ' ard p f. gfiomai 4:51V OEouJE ATTORNEY AND COUNSELOR AT LAW 776 MAIN STREET HYANNIS, MASSACHUSETTS, 02601 617-775-5366 March 25, 1977 Board- of Health Town of Barnstable Barnstable Town Hall Main Street Hyannis , MA 02601 yr Re ; Plan of Land, Old Millrace Realty Trust , Marstons Mills r Dear Members of the Board; Request is hereby made �for a hearing' before, the Board to overturn the decision of your agent reference the above- plan.. Your ,agent rejected the plan which shows lots of. minimum size of 20, 000 sq. ft . in accordance with the zoning by--law ,with septic systems and water supply systems no less than 100 feet apart . Your agent has rejected this plan though. it was prepared under Title '5 of the State Sanitary• Code on the basis of a Board of Health regulation requiring lot sizes of 40,.000 sq . f.t in areas where ,..there are: no. Public water facilities or sanitary :disposal` facil- ities It would be apnTMeciated 'if the' hearing`,reque--sted could be 1. held prior to Molritdayl.tbe 4th ;day of..Apxi_1, 1977, which. is the next regular meeting of the Barnstable Planning Board. E ':-;:, " " s `y�•f Very truly yours , s N. G r TNG;w j b `'� FORM B APPLICATION FOR TENTATIVE APPROVAL OF PRELIMINARY PLAN -- ��------�- ----------, 1977 To the Planning Board of the Town of Barnstable The undersigned, being the owners of all land included within a proposed subdivision shown on the accompanying plan, entitled CT— ____37]_1_Z_H______------- Lam!and dated __________-- -R�l--------------------- 1977_, submit such plan as a preliminary plan showing in a general way the proposed subdivision of the land, and makes application to the Board for tentative ap- proval thereof. The Owner's title to the land is derived under deed from 5 K I_D MORE- COLLEGE— dated -_ ______________------------------- 19___-__ and recorded in Barnstable Country Registry of Deeds, Book Page._--.__-, or under Certificate of Title No. registered in Land Registry District, Book Poge 54 Opp _N L�.lf?AcE-_1e __�R UL5 T -WHl_�'�-eY--Fr-----5 R_55 ETr---------- Applicant Sox 4G2 HvQWNIS, MA A dr ss \ I FORM S APPLICATION FOR TENTATIVEAPPROVAL OF PRELIMINARY PLAN To the Planning Board of the Town of Barnstable The undersigned, being the owners of all land included within a proposed subdivision shown on the accompanying plan, entitled _SU 8 �v l�,�LO[ __ O E-_ 31-7 1_Z and dated _--------_I_- 1917, submit such plan as a preliminary plan showing in a general way the proposed subdivision of the land, and makes application to the Board for tentative op- proval thereof. The Owner's title to the land is derived under deed from C K I_D M O R E' CO L C.EC,_f_E- dated -----------_- __ __, 19--__ and recorded in Barnstable Country Registry of Deeds, Book -------- Page_ _, or under Certificate of Title No.6B.F54 registered in land Registry District, Book---------- PC 54. X2J!VHI: t�tY_�Fr___-$FI_55ET][--- Applicant Sox 462 HNOWNIS_, 'N•• e A dr ss J/LOIrLGts. GJ V. �fA'LL]E ATTORNEY AND COUNSELOR AT LAw 776 MAIN STREET HYANNIS, MASSACHUSETTS, 02601 617-775-5366 April 19, 1977 Board of Health Town of Barnstable Town Hall Hyannis , MA 02601 Re: Olde Millrace Realty Trust Plan of Land, Marstons Mills Dear Members of the -Board , �► . +- i 1 Enclosed herewith is a copy of the plan with proposed layout of- septic system •ands wells reference th.e above parcel of , land: "` >,_: Previously you notified zee that;, y,ou would discuss this plan at' your Apr.11 21st+ meeting ,and to ,facilitate that discussion, this plan Scale 1" = 40' is submitted. Would you please advise of the approximate time of discussion as the Trustees would like- to be present j for your convenience. Very truly yours , ho Geo TNG:wjb enc ATTORNEY AND COUNSELOR AT LAW 776 MAIN STREET ` HYANNIS, MASSACHUSETTS, 02601 617-775-5366 June 159 1977 Town of Barnstable Office of Board of Health,' 397 Main Street Hyanni's,' Mass. 02601 Gentlemen: This will acknowledge-receipt of`your ,let`ter, a copy of which is- enclosed, t' am confused ad it is dated 25 May 1977 yet postmarked 14 June 1977. See enclosed envelope. Please advise if there is any significance to this- discrepancy as z' do not wish to abate any rights due us. • - Very, truly yours, OL MI'LL - E REALTY TRUST � by 7.7 omas eor y 41 SENDER: Complete items 1.2,and 3. c 7 s = Add your address in the "RETURN TO" space on 3 _ reverse. o -The following service is requested (check one). z Show to whom and date delivered .:..........250 ❑ Show to whom,date,&address of delivery .....450 tO RESTRICTED DELIVERY. Show to whom and date delivered ...°........850 RESTRICTED DELIVERY. Show to whom,date,and address of delivery ..$1.05 (Fees shown are in addition to postage charges and other fees). p 2. ARTICLE ADDRESSED TO: E Mr. Thomas N. George z Olde M�Ilrace Realty 'gust m 776 Main St. , Hyannis,Ma.0260 _m 3. ARTICLE DESCRIPTION: REGISTERED NO. I CjFRRT� Q f1O. i INSURED NO. � j tf 1 m O r n (Always obtain signature of addressee or agent) AI have received the article described above. SIGNATURE ❑ Addressee ❑/ Authorized agent C 4. T K m C S. ADDRESS (Comple a only if requested) j 1 =� 6. UNABLE TO DELIVER BECAUSE: CLERK p INITIALS r ' �S GOP:1976--0-203-456 r UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS PETO AVOID PAYMENT TY FOR PRIVATE USE TO A Print your name,address,and ZIP Code in the space below. OF POSTAGE, $300 • Complete items 1, 2,and 3 on the reverse. • Moisten gummed ends and attach to front of article 1lS.RIlA1L if space permits. Otherwise affix to back of article. • Endorse article "Return Receipt Requested adja- cent to number. RETURN " TO 1' I " I r I Board of Health 'I ( (Name of Sender) " I " I P. 0. Box 534 T (Street or P.O. Box) I I I HYANNIS MA 02601 I (City, State, and ZIP Code) " I ,. ' . 07. May ,25 1977 •• ', _ _ ' �` ,Fes, °� , 1° Mr... Thomas -N. George Re.* .Subdivision ,of-'land (Land Attorney at. Law Court Flan '37712A) i.A; 5 .. ofde Millrace-Realty. -Trust,., � �Mars.tons :Mi1is '.(No.. 390 n 776,, Main, Street Petitioner:. ':"Older Millrace Hyannis:;- .-, yannis:;.-Massachusetts "'-Realty True _::. ! • Dated; ' Agin 6 V1977 Engineer Whitney & -Bassett Dear Mr. George'; We ,will, require, further information =concern ng th s 'sub-division " prior to making a 'recommendation io thd' Planiiihg Board. Test. holes to a depth` of t elve feet..are`^,necessary on :lots No,12 R 23 29,{ 39, 50 "and 56 to provide, soil data ..° .an .addition,' 'perco- ,✓ r lation tests m_uet-.bd per'foraed, by your engineer in the presence of an-authorized, representative.R m'fro the Board of .Health'-oh lots•`. 2,` 2 3 29'; 9', 50 and 56, _The.'lots-selected,',for.•test °hopes; and,':perco - lation -tests area :cross aection of'•"the subdi:visiq`n''and. are .nec. essary'to ',determine typical soil• drainage° c©nditions.t",. Your attention is called 'to sub-paragraph- Cal and (b). ..of Section r !L'ch, c.3," of the Town of_ Barnstable Subd vision-Rule - ,dnd Regulations state, ,- (a) "Any' lot so',located-;that »t. cannot die ,served ,by a connection to a .municipal satier , system shall'.be` provided,.with on-site sewage -disposal f'ac Titles�,satisfactory 'to` they Boardy of:Health and the Planning BoardI " ( )' if`•district sewage is not `proposed, approval by, the Board of Health of the means,.bf se' e'ydipposal pro-- posed and approval. of the so l';strue u e 4f=.the disposal locus shall _. be required" Ik Please have- your engirioer schedule the test holes' and rperco3ation :v tests with :our representatives. - Please -call if you :have any questions i x. ,tu:A d:•Y Very truly ,yours,: ... . Robert, L.' Ghilds Chairman, . Sane:= hbaugh Ann /�^ k W. s n e stam, M D: ` s �. �[r Thorna's N. George Attorney, at Law , Olde Millrace Realty Trust, Page 2 t - - May 25 3177z 4 ,C. fN�• { • . E z� Oar � E �-- f- a .` Ar .}S 3t t- JMK/14llil i � } •H .^ �'. .y• £. - +`i.� i i L r - �` ;tcc:, 'Planning• 8aarcl , fie +lam • >' � � ' -;! i � 4 ^+� � i �> � ~ t_ n L, } a ,p .� J•�4 SF.µ .. ,y `tom La � x• S - ! Y L _ . 'YI � - R e- '+ t',�Y - � Spa r yi. ♦S >•' tV i �.. '. a � �Py�FTHE Tp�yo TOWN OF BARNSTABLE OFFICE OF H"BgT BOARD OF HEALTH y MABB. �p A39. ATfam k. 397 MAIN STREET HYANNIS, MASS. 02601 May 25, 1977 Mr. Thomas N. George Re: Subdivision of land (Land Attorney at Law Court Plan 37712A) in Olde Millrace Realty Trust Marstons Mills (No. 390) 776 Main Street Petitioner: Olde Millrace Hyannis, Massachusetts Realty Trust Dated: April 8, 1977 Engineer: Whitney & Bassett Dear Mr. George: We will require further information concerning this sub-division prior- to making a recommendation to the Planning Board. Test holes, to a depth of twelve feet, are necessary on lots No. 12, 231 29, 391 50 and 56 to provide soil data. In addition., percolation tests must be performed by your engineer in the pre- sence of an authorized representative from the Board of Health , on lots 12, 23, 29, 39, 50 and 56. Your attention is called to sub-paragraph (a) and (b) of Section 3, c.3. , of the Town of Barnstable Subdivision Rules and Regu- lations which state, "(a) Any lot sox!located that it cannot be served by a connection to a municipal sewer system shall be pro- vided with on-site sewage disposal facilities satisfactory to the Board of Health and the Planning Board", " (b) If district sewage is not proposed, approval by the Board of Health of the means of sewage disposal proposed and approval of the soil structure of the disposal locus shall be required" . Please have your engineer schedule .the test holes and percolation tests with our representatives. Please call if you have any questions. er truly yo /S e , bert . Childs, Chairman Ann Jane Eshbaugh A. W. Mandelstam, M. D. Board of Health cc: Planning Board TOWN OF BARNSTABLE \��' rJ� � },._,,,. . ,.,..r. �,...w....1 ........ .....r...... BOARD OF HEALTH 397 MAIN STREET ! / / ar 44 ru Q nCF�[r!K' � >.�c HYANNIS, MASS.02601 114 N P. n E i Ear. - sa, Mr. Thomas N. George RETURN RECEIPT Attorney at Law REQUESTED Olde Millrace Realty Trust 776 Main St. HYANNIS MA 02601 D . U R1o: 52678 �a � aad - _ ! 41 _. �.' ,� Y , L ' � ~� - y , x !! �� � 1 1 �� d i - � ' � i f F R{ � '. ��- � � � � %� t ' 1 ��,�., . f �� / �``_ v THOMAS N. GEORGE �US e'OSTAC" ATTORNEY AT LAW sit, 776 MAIN STREET JUN j 617 , ✓bm HYANNIS. MASSACHUSETTS 02601 LAW ' kULE o F /�, t n ad NOT- .Vu*. , '�'IQy�_,•-' B.MET.R C 7iO341 Town of Barnstable Office of Board of Health 397 Main Street Hyannis, Mass. 02601 �� 4 _ ��' � — _ _A���� � __ ��.u..........w-�� a y�FTHE> TOWN OF BARNSTABLE OFFICE OF t soo sas MAB& E, = BOARD OF HEALTH ABB.i639 p MAY k� 397 MAIN STREET HYANNIS, MASS. 02601 May 25, 1977 Mr. Thomas N. George Re: Subdivision of land (Land Attorney at Law Court Plan 37712A) in Olde Millrace Realty Trust Marstons Mills (No. 390) 776 Main Street Petitioner: Olde Millrace Hyannis, Massachusetts Realty Trust Dated: April 8, 1977 Engineer: Whitney & Bassett Dear Mr. George: We will require further information concerning this sub-division prior to making a recommendation to the Planning Board. Test holes to a depth of twelve feet are necessary on lots No.12, 231, 291 391 50 and 56 to provide soil data. In addition, perco- lation tests must be performed by your engineer in the presence of an authorized representative from the Board of Health on lots 12, 23, ' 29, 39, 50 and 56. The lots selected for test holes and perco- lation tests are a cross section of the subdivision and are nec- essary to determine typical soil drainage conditions. Your attention is called to sub-paragraph (a) and (b) of Section 3, c.3. , of the Town of Barnstable. Subdivision Rules and Regulations which state, " (a) Any lot so located that it cannot be served by a connection to a municipal sewer system shall be provided with on-site sewage disposal facilities satisfactory to the Board of Health and the Planning Board", " (b) If district sewage is not proposed, approval by the Board of Health of the means of sewage disposal pro- posed and approval of the soil structure of the disposal locus shall be required" . Please have your engineer schedule the test holes and percolation tests with our representatives. Please call if you have any questions. Very truly yours, Robert L. Childs, Chairman Ann Jan6 Eshbaugh A. W. Mande stam, M. D. I 'r Mr. Thomas R. George Attorney at Law Olde Millrace Realty Trust Page 2 May 25, 1977 JMK/mm cc: Planning Board e I w 0 SENDER: Complete items 1,2,and 9. Add your address in the "RETURN TO" space on 3 reverse. 0 1. The following service is requested (check one). " [ Show to whom and date delivered .* ........:,.250 z Show to whom,date,&address of delivery .....450 RESTRICTED DELIVERY. Show to whom and date delivered ............850 RESTRICTED DELIVERY. Show to whom,date,and address of delivery ..$1.05 (Fees shown are in addition to postage charges and other fees). 2. ARTICLE ADDRESSED TO: ET Mr. Thomas N.George z 776 Main St. Hyannis, Mass. 02601 m 3. ARTICLE DESCRIPTION: REGISTERED NO. CERTIFIED NO. INSURED NO. A 1526787 m v to (Always obtain signature of addressee or agent) zI have received the article described above. C SIGNATURE Addressee ❑ Authorized agent A 4' r m DAT OF D LIVERY ,', P0_$Vg4RK ..,a v 12—7T T. v C 5. A DRESS (Complete only if requested) 6. UNABLE TO DELIVER BECAUSE: CLERK'S p INITIALS D r 1C^ GOP:1976-0-203-456 UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS PENALTY FOR PRIVATE USE TO AVOID PAYMENT Print your name,address,and ZIP Code in the space below. OF POSTAGE, $300 • Complete items 1, 2, and 3 on the reverse. • Moisten gummed ends and attach to front of article Y.S.IYIAIL if space permits. Otherwise affix to back of article. • Endorse article "Return Receipt Requested" adja- cent to number. RETURN TO I Board of Health (Name of Sender) I `. P. 0. Box 534 (street or P.O. Box) i (City, State, ana 7IP Code) i .977 -June 1 y��,,,� •My+y,i���� ��tT'� George, ,gyp �( +27L.i.`R •'i, M1Yi7rU(lY:R. �'xeo ' .E3 Ret '34bU.�. isibh•�'{�l,�land t � Attorney at,.I= 2A) '� M Oide Millrace Realty Tn' xat "iaretons I 390k � 776 n :S it@fit _ . . Y Petitione ,Olde }. ilraceRealty ELti .B MassaC'bLlSE3t�'i8' 13� Chi ral r _,V.-- 1 ,r o ... P ;"t 1,4 yi% & • ti ,youcr youz' letter.'dEted= e'. �. 197. L - We apologize for tbli`delay. "your:acecei"ving our-'litter='dat�d W 25"`.xe,~ ooivod by yew,June 14:or 15 j Tla-;;e was Y10 3.?1G �i"by,the $aaTd tt� xe�udice .o y0ar rights Ve qdo xiot�tf f oel there`is w agnif ioan6e'pia relatioliW p to your righ.sis T.. i• `V-B ' t 'Yours 3• , .''..n '� Robert L,` ChkIdsi umlrman, y < aal (a U in Tp}�/� 1 k V :e ehbaugh-51 r t`° _P t A.+-Wo l�andelstamt , } ,Lj.qw/c yd v f o�i Yovk - �,4jc� dVA LGLlTG k - 7P.4 Ad IA->eA-T 6y Tti� � r / GAS Cow cEt P/61- Tl��s S�r6 pia/s�dK k E 001y tU %o ak k ti rs Ty.s ki/0r7r _ __ � \ ,. � s_ '� .� .` .; - - __ -� / _.. � � �, - � `� � R L ` '^ _ ` � A 4 a ,��. _ t .�,� \�� r �` ... 5 , r r t r �1 �, �_ __�_ k }- �•/ s' / n�'� � e ..p .y 4"�t.'1' D r,a n F,r�3,i` <±l � 4 Fl•� :� ,4�'� y •,�iw ,�•`•` i March 29,k 19773�,' fi n F w •ti..'�.,.' e .N � s � .4« r� � `r x kK'}r. �1 ••� +w8' 1 y f T ;w. r +1 'Mr. Thomas N. Gear ® ;Attorney and_Counselor Ate :Law` 'r r ,776 Main Street Hyannis,. M 4tassaehuses'. Re• Mn ofLand old, Mil ,rcC3 Realtyi ' aretons z s . ; � ;,;' rye` w� ,;� � � r� 1 . • . Dear M r � . George: � •Y s_ Thank you' for' your°.recent 'Aetter Our•'agent e did not reject ours lan ',K He'told your -e ` fneer _rR6 Y p . . Y g t Mr,. whitnH y, 'of the Hoard of Health `regulation rc3quiarngs 401000 square .feet on ,lots;+'in rst�bfl :vis ons without Town ter, or Town• sewage,', -Mr, Wh itney took- back }the 'pl.ari.° The. p�.ah M1 was officially"received from' Mr. 36nes Kaf ;the, Town Engiheerng `r, Department on.Xarcn 21, 19,77 D T This ie a 'outing �pre�.iminary subda�vision r an. hr 'Hoeicd trill review the plan on April 21,., '1977; tat. its! e$ularlY ' scheduled board meeting. ' 'Recoma�endatioAs concerning., the w � • plan -will then be submttedo-.the „ '�.annng °Boa } 4 , rd• Y 1V®r trU yours . } •� ♦ i .ham Y � ... ± •� ��. • •.�.� .i p'� ♦. obert L.- Ch11ds, ,chairman �. Ann J 4 . � � ��;s,,• �1` � � � • +•, �'� �' ''fix' a Eshbaugh a Gerald. ra d w H e�►�y�w • ; Y • •�FZ��rriii`d�..BAj OARD OF©F' �• FILTH. y JMK/ Cc: Planning Board a 1 1 : r � a .+ s - `F 'F �, ' , , +, fir, a -;+ t R` �j �+ y. ta+•. 5 r�, + � k 1• 'l` {•}, • • 'y' a � j• 4 }A. .. J} w y , MF �#� `ky �1