HomeMy WebLinkAbout0250 SMOKE VALLEY ROAD UNIT #A - Health (3) aa
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Town of Barnstable
Barn
Board of Health '`a j
• MR �e.
MA33. ` 200 Main Street, Hyannis MA 02601
9• �.
03 `0�
i0rE0 MA'S°i 2007
Office: 508-8624644 Wayne Miller,M.D.
FAX: 508-790-6304 Paul Canniff,D.M.D.
' Junichi Sawayana;i
November 21, 2012
Ms. Arlene Wilson
t A.M. Wilson Associates
20 Rascally'Rabbit Road, Unit 3
Marstons Mills, MA 02648
Er ,I, lft,Q, ,V �le' Ro ; O�sfe[ llles ,,,f , � � � t�kU9 '002
Dear Ms. Wilson,
are ranted a conditional variance on behalf of our clients, Robin Brown and
You g y
Marcia Browns, Trustees.to construct an onsite sewage disposal system at 250 Smoke
Valley Road, Osterville. The variance granted is as follows:
Section 360-1 of the Town of Barnstable Code: To install a septic tank 55 feet away
from a bordering vegetative wetlands, in lieu of the minimum 100 feet
separation distance required.
This variance is granted with the following conditions:
(1) The engineered plans shall be revised to include the variance requested (as
' - described above).
(2) The septic system shall be installed in strict accordance with the revised
engineered plans.
(3) The designing engineer shall supervise the construction of the onsite sewage
disposal system and shall certify in writing to the Board of Health that the system
' was installed in substantial compliance with the revised plans.
This variance is granted because the proposed plan appears to meet the design
' standards contained within the State Environmental Code, Title 5,. This property borders
wetlands and the Marstons Mills River. The designing engineer properly designed the
soil absorption system components to be located further away from the wetlands,
outside of the 100 feet buffer.
Sincere yours,
Wayne er, M.D.
Chairm n, Board of Health
Q:\WPFI S\WilsonSmokeValleyRoad20l2.doc
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L?AH.NSTAl?1_E L FANG C:OLJR't REGISTRY
EXH. H
i .
LiNlassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:003-5022
WPA Form 5- Order of Conditions eDEP Transaction 9:496357
a, Massachusetts Wetlands Protection Act M.G.L.c. 13I, §40 Gryffown.BARNSTABLE
1 A. General Information
' 1.Conservation Commission BARNSTABLE
2. Issuance a. r OOC b.G Amended OOC
R �'Y:nb',tSi tf 9' a "��.+.�liNrt} y�i h.tt}� H 1tt.ti ,, i tx ,.I ._. y:1;.!
' 3•'�,P�ltcan�D��atis ,:.. rr z
a.First Name ROBIN A.&MARCIA S. b. Last Name BROWN,TRS.
c.Organization ROBIN A.BROWN LIVNG TRUST&MARCIA S. BROWN LIVING TRUST
d.Mailing Address 24 COLONIAL WAY
e City/Town W ESTON f.State LM-1 g.Zip Code 02493
4.,Property Qwtier ,
a.First Name ROBIN A.& MARCIA S. b. Last Name BROWN,TRS.
c.Organization ROBIN A.BROWN LIVING TRUST&MARCIA S. BROWN LIVING TRUST
' d.Nlailing Address 24 COLONIAL WAY
e.Ciry/Town WESTON F.State MA g.Zip Code 02493
5 Pro�'eci Locatiot% `
a.Street Address 250 SMOKE VALLEY ROAD
b.CirytTown BARNSTABLE c.Zip Code 02655
d.Assessors Map/Plat#097 e.Parcel/Loi# 002
' f Latitude 41 6438N g Longitude 70 40492W
6 Propzi 'recorded at the'R'e tstry of Deed for:
a.County b.Certificate c. Book d. Page
BARNSTABLEC.194225 LCP.5725-13 LOT
28
7.Dates'
' a. Dare NO[Filed: 7/13/2012 b.Date Public Hearing Closed: 7/31/2012 c.Date Of Issuance: 8/14/2012
* 8 Ftnal Approved Plans and`Other'Doctimenfs
' a- Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:SITE PLAN CSN ENGINEERING LNDA J. PINTO,P.E. 5/30/2012 1"=30'
SKETCH PLAN AAI. WILSON N/A 8l13/2U12 N/A
' ASSOCIATES, INC. Y
B. Findings
' Page I of • ELECTRONIC COPY
Nlassachusetts.Department of Environmental Protection Provided by 1MassDEP:
Bureau of Resource Protection - Wetlands i\.,IassDEP File"1 eDEP Transactiot,:003-5022
#:496357
WPA Form 5 - Order of Conditions Nfassachusetts Wetlands Protection Act M.G.L. c. 1311 §40
LlCiry�Town:BARNSTABLE
oasWetlands ursuant toflie rmass�achuseProtection Act
Following the review of the the above-referenced Notice of Intent and based on the information provided in this application and
presented at the public hearing,this Commission finds that the areas in which work is proposed is significant to the following interests of
the Wetlands Protection Act.
Check all that apply:
............. ........... .........
a. 1-1 iTu&-i—cWater-S-upply b. 17-j Land Containing Shellfish c.r- Prevention of Pollution
d. F,, Private Water Supply e. M, Fisheries I r- Protection of Wildlife Habitat
9. G Ground Water Supply h. r Storm Damage Prevention i. r, Flood Control
..........
. ........ ..
M
WdWifili
Approved subject to:
a. F-r!The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.
This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above,the following
General Conditions,and any other special conditions attached to this Order.To the extent that the following conditions modify or
differ from the plans,specifications,or other proposals submitted with the Notice of Intent,these conditions shall control.
Denied because:
b.r-The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.Therefore,
work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect interests of the Act,and a final Order of Conditions is issued.A description of the performance standards
which the proposed work cannot meet is attached to this Order.
c. F The information submitted by the applicant is not sufficient to describe the site,the work or the effect of the work on the interests
identified in the Wetlands Protection Act.Therefore,work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the
Act,and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CNIR 10.05(6)(c).
3.r- Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource
area specified in 3 100AR 10.02(l)(a). a.linear feet
Inlind Resource rea pac :;,dr pprov: 06 14
P.
ReSOUrce Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
r
linear feet b.linear feet c hnear feet d*liriiarbfeet
3.F Bordering Vegetated Weiland
a.square feet b.square feet c.square feet d.square feet
6. F Land under Waterbodies and Waterways
a.square feet b.squareJeet c.r-square:feet ct.sc:pare feet:
e.cly dredged f,c/y dredged
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Massachusetts Department of Environmental Protection Provided by 11,tassDEP:
Bureau of Resource Protection - Wetlands MassDEP File":003-5022
MVPa Form 5 - Order of Conditions eDEP Transaction R:496357
assachusetts Wetlands ProtectionAct�LG.L. c. 131, §40Ll
City�iown:B,4RNSTABLE
M
i
' 7.17 Bordering Land Subject to Floodin;
a.square feet b.square feet c. square feet d.square feet
I
' Cubic Feet Flood Storage
e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8::r''Isolaied'LandSub3ecttoFloodmg
n a s uareFeet b. ...SuareP eet , :. S:`."St
a -r
+CUb(C'Feetlood Storage I rStiS i ((g`ttr j
c c"b c eet d cubtc fe tr e c bic feet ,
�. �. ti " � r , ' µ.:, � cubl feet; �r t
' 9.f,,Riverfront Area
a.total sq.feet b.total sq.feet
Sq ft within 100 ft
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft
g.square feet h.square feet i.square feet j.square feet
' CoasfM Resource Area frnpacts:
Resource Area Proposed Permitted Proposed Permitted
' Alteration Alteration Replacement Replacement
10.r—.Designafed'Port rheas Indicate size under Lan. Under the Ocean,below
I I.r Land Under the Ocean
a.square feet b.square feet
i
' c.c/y dredged d.c/y dredged
1:2.F.Barrier.Beaches Indicate siievnder Coastal Beaches and/or'Coastal'Dunes below
13.r:Coastal Beaches
' a square feet b square feet c c/y nourishment d c/y nourishment
14.177,Coastal Dunes c ++
a square feet b'square fe t c.c/y nourishment d:c/y nounshmeni
13.rT'Coastal Banks 60 60
a.linear feet b.linear feet
l`G.r:Rocky[rite rtidaf Shores
a square feet b,:s9uare'feet
17.F Sal(Marshes
a.square feet b.square feet c.square feet d.square feet
l S.I Land Under Salt Ponds
a.square feet: b-square feet
c.c/y dredged d.c/y:dredged
19.F Land Conta{n"nty Shellfish
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tMassachusetts Department of Environmental Protection Provided byMassDEP:
Bureau of Resource Protection -Wetlands itassDEP File#:003-5022
' WPA Form 5 - Order of Conditions eDEP Transaction"1:496357
iV[assachusetts Wetlandszt(ands Protection Act iVt.G.L. c. 131,§40
City(Town:BARNSTAB LE
Ll
E
1
' a.square feet b.square feet c.square feet d.square feet
l V1 j 1 [ndIca e gze un el Coastal Banks;tnlarid Bank,'Land Under the
20 �I)I$�1�Ut1S 4,t1 tau ! t yr , S H t r i a t E i `t t �s
Ocean,and/or Inland Land Upder�V,a�erbodtes and l.ilYr �atetways,
� ,"
art,�T N`tit�.i i .t
.., l t ,Y�
e dtedged d 1C�y µSredaPed
y.;
21.F-I Land Subject to Coastal Storm Flowage 19200 19200
a.square feet b.square feet
�f. .��,* I�:.1
r Restoration/Enhancement(For Approvals Only)
' If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here.
a.square feet of BVW b.square feet of Salt Marsh
171 Streams Crossing(s)
' If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings.
a.number of new stream crossings b.number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
' The following conditions are only applicable to.approved projects
l. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,shall be deemed
cause to revoke or modify this Order.
2 The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or
invasion of private rights.
3 This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,
' state,or local statutes,ordinances,bylaws,or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following
apply:
a.the work is a maintenance dredging project as provided for in the Act;or
b.the time for completion has been extended to a specified date more than three years,but less than five
years,from the date of issuance. If this Order is intended to be valid for more than three years,the
extension date and the special circumstances warranting the extended time period are set forth as a
' special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the
issuing authority at least 30 days prior to the expiration date of the Order.
6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance
date of the original Final Order of Conditions.
7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,or debris,including
but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of
' any of the foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken,
until all proceedings before the Department have been completed.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
' Ll
Bureau of Resource Protection - Wet[ands tNIassDEP File 4:003-5022
<VPA Form 5 - Order of Conditions eDEP Transaction :496357
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C i ryrTown:B.4 RNST A B L E
r9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located,within the chain of title of the affected property.In the case of recorded land,
the Final Order shal I also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the
r proposed work is to be done. in the case of the registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted
to the Conservation Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds,
' prior to the commencement of work..
10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words,
"Massachusetts Department of Environmental Protection"
r [or'MassDEP"j
File Number:"003-5022"
I I. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission
shall be a parry to all agency proceedings and hearings before Mass DEP.
' 12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form
8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
r 14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission
in writing whether the change is significant enough to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to
enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this
Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that
evaluation.
16: This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and
to any contractor or other person performing work conditioned by this Order.
17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the
wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland
boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission.
18 All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or
other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant or his/her
designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant
r shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary.
Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order.
' NOTICE OF STORNIWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project")is(I) 17 is not(2)r- subject to the Massachusetts Stormwater Standards.
If the work is subject to Stormwater Standards,then the project is subject to the following conditions;
' a) All work,including site preparation,lard disturbance,construction and redevelopment,shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the
Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and
r best management practices(BMPs)shall remain in place until the site is fully stabilized.
b)',No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered
Professional Engineer provides a Certification that:i. all construction period BMPs have been removed or will be removed by
r a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction
operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater
Handbook NNW specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal of all construction period sediment trapped in inlet and outlet control structures;u..as-built final construction
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Massachusetts Department of Environmental Protection Provided by NilassDEP:
' l
Bureau of Resource Protection -Wetlands
MassDEP File#:003•5022
`VPA Form 5 - Order of Conditions eDEP Transaction#:496337
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 Ciry/T'own:BARNSTABLE
BN,,iP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iii.
any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater
Standard 10;iv. all post-construction stormwater BMPs are installed in accordance with the plans(including all plandng
' plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in
proper working condition;v.any vegetation associated with post-construction BMPs is suitably established to withstand
erosion.
c) The landowner is responsible for BLIP maintenance until the issuing authority is notified that another party has legally assumed
' responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the
responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement("004 Statement")for the Stormwater BiNfPS identifying the party responsible for
' implementing the stormwater BMP Operation and Llaintenance Plan("O&M Plan")and certifying the following:i.)the O&M
Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties
shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and
' implement the Stormwater Pollution Prevention Plan.
d) Post-constuction pollution prevention and source control shall be implemented in accordance with the long-term pollution
prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan
1 required by the National Pollutant Discharge Elimination System Multi-Sector General Permit.
' e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes
responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the
issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has
accepted responsibility for maintaining the BLIP,and that the proposed responsible parry shall be treated as a permittee for
purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the
proposed responsible party to implement the requirements of Conditions I9(f)through 19(k)with respect to that BMP shall
be a violation of the Order of Conditions or Certificate of Compliance. in the case of stormwater B vIPs that are serving more
than one lot,the legally binding agreement shall also identity the lots that will be serviced by the stormwater BMPs.A plan and
easement deed that grants the responsible parry access to perform the required operation and maintenance must be submitted
along with the legally binding agreement.
The responsible parry shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan,
and the requirements of the Massachusetts Stormwater Handbook.
g) The responsible party shall-
; 1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs,
t maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal the
log shall indicate the type of material and the disposal location);
2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request;and
3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure
' that the responsible parry is in compliance with the requirements for each BMP established in the O&M Plan approved by
the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with al;applicable
i' federal,state,and local laws and regulations.
) Illicit discharges to the stormwater management system as defined in 310 CIVIR 10.04 are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written
' approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the
MassDEP Stormwater Handbook,Volume 3,Chapter 1,Low impact Development Site Design Credits)shall not be altered
without the prior written approval of the issuing authority.
;' ) Access for maintenance,repair,and/or replacement of BMPs shall not be withheld.Any fencing constructed around
stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage.
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Massachusetts Department of Environmental Protection Provided by iklassDEP:
\ MassDEP File R:003-5022 Bureau of Resource Protection-Wetlands
WPA Form 5 - Order of Conditions eDEP Transaction#:496357
ivlassachusetts Wetlands Protection Act M.G.L. c. 131, §40 CiryTown:BARNSTABLE
' Special Conditions:
1
' D. Findings Under Municipal Wetlands Bylaw or Ordinance
I. Is a municipal wetlands bylaw or ordinance applicable?r Yes C No
' 2 The Conservation Commission herebv(check one that applies):
a. r DENIES the proposed work which cannot be conditioned to
' meet the standards set forth in a municipal'ordinance or bylaw
specifically.
I.Municipal Ordinance or Bylaw 2.Citation
I
' Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides
measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which are necessary to
comply with a municipal ordinance or bylaw:
b. r-. APPROVES the proposed work,subject to the following
additional conditions.
I. B Municipal Ordinance or law TOWN OF 2.Citation S. 237-1 - 237-14
P y BARNSTABLE
t3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of
Intent referenced above.To the extent that the following conditions modify or differ from the plans,specifications,or other
proposals submitted with the Notice of Intent,the conditions shall control.
The special conditions relating to municipal ordinance or law are as follows:
P � P Y
SEE PAGES 7.1, T-2,AND 7.3
i
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1' Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands SE3---� 0.7- 2
' NtassDEP File#
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction#
Barnstable
City/Town
E. Signatures
i Important: This Order is valid for three years,unless otherwise specified as a special AUG 1.4 2U 12
When foiling out forms on the condition pursuant to General Conditions#4, from the date of issuance. 1.Date of Issuance
1 computer,use Please indicate the number of members who will sign this form. f0
' only the tab key This Order must be signed by a majority of the Conservation Commission. 2.Number of Signers
to move your
cursor-do not The Order must be mailed by certified mail (return receipt requested)or hand delivered to
use the return the applicant. A copy must be mailed, hand delivered or filed electronically at the same
key. time with the appropriate MassDEP Regional Office.
I Signat s:
(J,/Z/VZZ
' ❑ by hand delivery on 0 by certified mail, return receipt
requested, on
Date Date —AUG 14 7012
' F. Appeals
I The applicant, the owner, any person aggrieved by this Order, any owner of land abutting
the land subject to this Order, or any ten residents of the city or town in which such land is
located, are hereby notified of their right to request the appropriate MassDEP Regional
Office to issue a Superseding Order of Conditions. The request must be made by certified
' mail or hand delivery to the Department, with the appropriate filing fee and a completed
Request of Departmental Action Fee Transmittal Form,as provided in 310 CMR 10.03(7)
within ten business days from the date of issuance of this Order. A copy of the request
shall at the same time be sent by certified mail or hand delivery to the Conservation
' Commission and to the applicant, if he/she is not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this
appeal will be required to demonstrate prior participation in the review of this project. Previous
participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a
Superseding Order, or providing written information to the Department prior to issuance of
' a Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being
appealed and how the Order does not contribute to the protection of the interests identified
in the Massachusetts Wetlands Protection Act(M.G.L. c. 131, § 40), and is inconsistent
with the wetlands regulations (310 CkIR 10.00). To the extent that the Order is based on a
municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or
regulations, the Department has no appellate jurisdiction.
' Noa:sigs.acc• rev 02/292010 Page.?or
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it
1 - Massachusetts Department of Environmental Protection Provided by ivlassDEP:
,' -- Bureau of Resource Protection -Wetlands MassDEP File#:003-5022
MVP A Form 5 - Order of Conditions eDEP Transaction R:496357
l ` Massachusetts Wetlands Protection Act M.G.L.c. 1.31,§40 Ciry(fown:BARNSTABLE
E. Signatures
I This Order is valid for three years from the date of issuance,unless otherwise specified' 2 pursuant to General Condition 94.(f this is an Amended Order of Conditions,the Amended I. Date of Original Order
2
Order expires on the same date as the original Order of Conditions. I. Date
1 Please indicate the number of members who will sign this form.This Order must be signed by 6
' a majority of the Conservation Commission. 2.Number of Signers
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed
or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing
' electronically,and the property owner,if different from applicant.
!
Signatures: PETER SAMPOU
tDENNIS R.HOULE LAURENCE MORIN
' FAT PIU(TOW)LEE LOUISE R.FOSTER
' JOHN R.ABODEELY
r by hand delivery on r by certified mail, return receipt requested, on
I
Date Date
F. Appeals
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten
' residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP
Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the
I
Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in
' 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be
sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior
' participation in the review of this project.Previous participation in the pennit proceeding means the submission of written information to
the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written information
to the Department prior to issuance of a Superseding Order.
' The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order doss not
contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(.M.G.L.c. 131,§40),and is
inconsistent with the wetlands regulations(310 CvIR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw,
and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction.
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I _• Massachusetts Department of Environmental Protection Provided by"JassDEP:
Ll
Bureau of Resource Protection -Wetlands i(assDEP File#:003-5022
eDEP Transaction 9:496357
`VPA Form 5 - Order of Conditions CitytTown:BARNSTABLE
i`tassachusetts Wetlands Protection Act M.G.L.c. 131, §40
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,
within the chain of title of the affected propene. In the case of recorded land,the Final Order shall also be noted in the Registry's
Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be
noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on
1 this page shall be submitted to the Conservation Commission listed below.
BARNSTABLE
Conservation Commission
Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission.
..........................................................................................................................................................................................................
I To:
BARNSTA13LE
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
250 SMOKE VALLEY ROAD 003-5022
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of.
' County Book Page
for
Properly Owner ROBIN A.& NIARCIA S.BROWN,TRS.
and has been noted in the chain of tide of the affected property in:
' Book Page
In accordance with the Order of Conditions issued on:
'.. bate
If recorded land;the instrument number identifying this transaction is:
' Instrument Number
I f registered land,the document number identifying this transaction is:
Document dumber
Signature of Applicant ¢`" "'jQ 10
i
Page 9 of 9 ` ELECTRONIC COPY
fNE DATE: r
FEE:
'� BAMSPABLE,
MASS.
v� ibgq. �� REC. BY -
°""�a Town of Barnstable
SCHED. DATE:
Board of Health
' 200 Main Street, Hyannis MA 02601
Office: 508-862-4644 Wayne A.Miller,M.D.
FAX: 508-790-6304 Junichi Sawayanagi
' Paul J.Canniff,D:M.D.
VARIANCE REQUEST FORM
LOCATION
' Property Address: 250 Smoke Valley Road,Osterville
Assessor's Map and Parcel Number: 97/2 Size of Lot: +/-5.8 Acres
' Wetlands Within 300 Ft. Yes X Business Name:
No Subdivision Name:
' APPLICANT'S NAME: Robin Brown Phone
Did the owner of the property authorize you to represent him or her? Yes X No
PROPERTY OWNER'S NAME CONTACT PERSON
Robin rown, rustee
Name: Marcia Brown,Trustee Name: Arlene M.Wilson
24 Colonial Way I an ocla es nc.
' Address: Weston, MA 02493 Address: M rstonsca Iyy R� a It Road,Unit 3
Marstons7Vli11s,11LtA 0.264R
Phone: Phone: 508-420-9792
' Email: amwilsonassoc@amwilsonassociates.com
VARIANCE FROM REGULATION(List Reg.) REASON FOR VARIANCE(May attach if more space needed)
Local Variances Only
' Sec -1 Septic tank+ - from 13VW rather tan
NATURE OF WORK: House Addition House Renovation Repair of Failed Septic System
Checklist (to be completed by office staff-person receiving variance request application)
' Please submit copies in 4 separate completed sets.
Four(4)copies of the completed variance request form
_ Four(4)copies of engineered plan submitted(e.g.septic system plans)
_ Completed seven(7)page checklist confirming review of engineered septic system plan by submitting engineer or registered sanitarian
Four(4)copies of labeled dimensional floor plans submitted(e.g.house plans or restaurant kitchen plans)
.t Signed letter stating that the properly owner authorized you to represent him/her for this request
_ Applicant understands that the abutters must be notified by certified mail at least ten days prior to meeting date at applicant's expense (for Title
V and/or local sewage regulation variances only)
Full menu submitted(for grease trap variance requests only)
Variance request application fee collected(no fee for lifeguard modification renewals,grease trap variance renewals[same owner/lessee only],
outside dining variance renewals[same owner/leasee only],and variances to repair failed sewage disposal systems[only if no expansion to the
building proposed])
Variance request submitted at least 15 days prior to meeting date
VARIANCE APPROVED Wayne Miller,Chairman
NOT APPROVED Junichi Sawayanagi
a' REASON FOR DISAPPROVAL Paul J.Cannift;D.M.D.
C:\Users\decollik\AppData\Local\Microsoft\Windows\Temporary Internet
Piles\Content.Outlook\BAJ9P9B7\VARIREQ.DOC
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THE COMMONWEALTH OF MASSACHUSETTS Entered in computer:
PUBLIC HEALTH DIVISION -TOWN OF BARNSTABLE, MASSACHUSETTS Yes
f[pplication for Misposaf abpstem Construction Permit
' Application for a Permit to ConstruciX Repair( ) Upgrade( } Abandon( ) &Complete System ❑Individual Components
Location Address or Lot No. ,112) Owner's Name,Address,and Tel.No.
0�7r ✓c.L.c' R043<</r
1 ove v�.:Jg
' Assessor's Map/Parcel f L i C�Lo,/1.
Installer's Name,Address,and Tel.No. Designer's Name Address,and Tel.No.
ea-zt c=it <Icc��-�!G
o i3-tee 0 7-4-�T7c; c l-
Type of Building:
' Dwelling No.of Bedrooms W Lot Size sq.ft. Garbage Grinder( )
Other Type of Building No.of Persons Showers( ) Cafeteria( )
Other Fixtures
' Design Flow(min.required) CC O gpd Design flow provided OO gpd
Plan Date 6�—,Z,� Number of sheets L_ Revision Date
T�
Title/,ec�+,sc iSF4J/ttGE+r)rrsyo LIitG J4rJTC�H OC fD fS^lD�E.r�4eC rT/ OS.c�l%c camr
Size of Septic Tank /y do Type of S.A.S.
' Description of Soil tsr A7TAG'fy e� B�f} C/
' Nature of Repairs or Alterations(Answer when applicable)
Date last inspected:
Agreement:
The undersigned agrees to ensure the construction and maintenance of the afore described on-site sewage disposal system in
accordance with the provisions of Title 5 of the Environmental Code and not to place the system in operation until a Certificate of
' Compliance has been issued by this Board of Health.
ed Date
Application Approved by Date (0/1 o z o,-Z
Application Disapproved y Date
for the following reasons
Permit No. 201-Z 7—'3 Date Issued l0/i o/
------------------—- ------------------ - --—---------------------------
TH Z COMMONWEALTH OF NASSACHUSETTS
BARNSTABLE,MASSACHUSETTS
Certificate of Compliance
THIS IS TO CERTIFY,that the On-site Sewage Disposal system Constructed Repaired( ) Upgraded( )
Abandoned( )by
at 14 — GF—mac �-1Y. has been constructed in accordance
' with the provisions of"title 5 and the fo Disposal System Construction Permit No.Out Z-3Z 3 dated l.y)4. Zug 7
Installer Designer
#bedrooms Approved design flow (o gpd
' The issuance of this permit shall not be construed as a guarantee that the system will function as designed.
Date Inspector
-------------------------------------------------—-—--------------------------------------------------------------------------------
No.Zo(z— 32-3 Fee /Sb au
' THE COMMONWEALTH OF NIASSACHUSETTS
PUBLIC HEALTH DIVISION-BARNSTABLE,MASSACHUSETTS
Misposat bpstem Construction Permit
Permission is hereby granted to Construct(_�f Repair( ) Upgrade( ) Abandon( )
System located at 1 D y� OST� J(Le.�
' and as described in the above Application for Disposal System Construction Permit. The applicant recognized his/her duty to comply with
Title 5 and the following local provisions or special conditions.
Provided:Construction must be completed within three years of the date of this permit."
Date Approved by / L-�-
r+ • II
Certification for General Use
E PERC-RITE Drip Dispersal System—May 23,2012
Page 14 of 16
10. To determine whether cause exists for modifying,revoking, or suspending the
Approval or to determine whether the conditions of the Approval have been met, the
Company shall furnish the Department any information that the Department requests
regarding the Technology within 21 days of the date of receipt of that request.
11. Within 60 days of issuance by the Department of a revised Approval,the Company
shall provide written notification of changes to the Approval to all Service
Contractors servicing existing installations of the System and all distributors and
resellers of the System.
12. The Company shall provide written notification to the Department's Director of the
Wastewater Management Program at least 30 days in advance of the proposed
transfer of ownership of the System. Said notification shall include the name and
address of the proposed owner containing a specific date of transfer of ownership,
responsibility, coverage and liability between them. All provisions of this Approval
applicable to the Company shall be applicable to successors and assigns of the
Company,unless the Department determines otherwise.
13. The Company shall maintain copies of.-
a) the Approval;
b) the installation manual specifically detailing procedures for installation of its
System;
c) an owner's manual, including alarm response procedures;
d) an operation and maintenance manual, including:
i) an inspection checklist;
ii) recommended inspection and maintenance schedule;
iii) monitoring requirements, if any(including water use and power consumption
when required);
iv) alarm response procedures and troubleshooting procedures.
e) estimates of the operating costs provided to the Owner, including,when
applicable: power consumption,maintenance,recordkeeping, reporting, and
equipment replacement;
f) a copy of the Company's warranty; and
g) lists of trained Designers (if any), certified Installers, and trained Service
Contractors.
Certification for General Use
PERC-RITE Drip Dispersal System-,May 23,2012
Page 15 of 16
14. By April 1st of each year,the Company shall submit a report to the Department,
signed by a corporate officer, general partner or Company owner that identifies the
specific System approval for which the annual report is being filed and contains, for
the previous calendar year, the following information with the date and address of
each event:
a) all known violations of the Approval, including Systems not operated by qualified
Service Contractors;
b) any System failures or malfunctions; and
c) corrective actions taken, including but not limited to: design changes; installation
changes; operation/maintenance changes; monitoring changes; and/or changes in
roles and responsibilities for the manufacturer,vendors, designers, installers,
operators, and owners.
In the absence of any system failures, system malfunctions, or violations, the
Company shall submit a letter certifying,to the best of their knowledge, all installed
Systems are in compliance.
15. The Company shall maintain the following additional-information for the Systems
installed in Massachusetts and make it available to the Department within 30 days of
a request by the Department:
a) the address of each facility where the System was installed, the Owner's name and
mailing address (if different),the type of use (e.g. residential, commercial,
institutional, etc.),the design flow,the model installed;
b) the installation date, start-up date, current operational status;
c) the name of the Service Contractor,noting any cancellations or changes to any
Service Contracts; and
d) copies by of all Service Contractor records submitted to the Company, including
all O&M reports with alarm event responses, all monitoring results, inspection
checklists completed by the Service Contractor,notifications of system failures,
and reports of equipment replacements with reasons.
16. The Approval shall be binding on the Company and its officers, employees, agents,
contractors, successors, and assigns, including but not limited to dealers, distributors,,
and resellers. Violation of the terms and conditions of the Approval by any of the
foregoing persons or entities, respectively, shall constitute violation of the Approval
by the Company unless the Department determines otherwise.
VI. General Requirements
1. Any System for which a complete Disposal System Construction Permit("DSCP")
Application is submitted while the Approval is in effect,may be permitted, installed,
and used in accordance with the Approval,unless and until:
a) the Department issues modifications or amendments to the Approval which
specifically affect the installation or use of a System installed under the Approval
for the System; or
Certification for General Use
PERC-RITE Drip Dispersal System—May 23,2012
Page 16 of 16
b) the Department, the local approval authority, or a court requires the System to be
modified or removed or requires discharges to the System to cease.
2. All notices and documents required to be submitted to the Department by the
Approval shall be submitted to:
Director
Wastewater Management Program
Department of Environmental Protection
One Winter Street- 5th floor
Boston, Massachusetts 02108
3. The Department may suspend,modify or revoke the Approval for cause, including,
but not limited to,non-compliance with the terms of the Approval, for obtaining the
Approval by misrepresentation or failure to disclose fully all relevant facts or any
change in or discovery of conditions that would constitute grounds for discontinuance
of the Approval, or as necessary for the protection of public health, safety,welfare or
the environment, and as authorized by applicable law. The Department reserves its
rights to take any enforcement action authorized by law with respect to the Approval
and/or the System against the Company, a System Owner, a Designer, an Installer,
and/or Service Contractor.
o Commonwealth of Massachusetts
Executive Office of Energy &Environmental Affairs
Department of Environmental Protection
One Winter Street Boston, MA 02108.617-2 92-5500
DEVAL L PATRICK RICHARD K.SULLIVAN JR.
Governnr Secretary
TIMOTHY P.MURRAY KENNETH L.KIMMELL
Lieutenant Governor Commissioner
RENEWAL CERTIFICATION FOR GENERAL USE
Pursuant to Title 5, 310 CMR 15,000
Name and Address of Applicant:
American Manufacturing Company, Inc.
22011 Greenhouse Road, PO Box 97
Elkwood, VA 22718
Trade name of technology and model:
PERC-RITE Drip Dispersal System,Models Q1VM(WD),ASD-15, ASD-25 & ASD-40
(hereinafter called the"System"). A schematic drawing of a typical System, a Design Manual,
an Installation Manual, and an inspection checklist are part of this Approval.
Transmittal Number: X25037-9
Date of Issuance: March 15, 2007,revised December 4, 2009, rMsed Xpri14,2011, revised
May23, 2012 --
Authority for Issuance
Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.000 ("Title 5" or"the Code"),
the Department of Environmental Protection hereby issues this Certification for General Use to:
American Manufacturing Company, Inc., PO Box 97, Elkwood, VA 22718. (Hereinafter "the
Company"), for the System described herein. Sale and use of the System are conditioned on and
subject to compliance by the Company,the Designer,the Installer, the Service Contractor, and
the System Owner with the terms and conditions set forth below. Any noncompliance with the
terms or conditions of this Certification constitutes a violation of 310 CMR 15.000.
.04"
May 23, 2012
David Ferris, Director Date
Wastewater Management Program
Bureau of Resource Protection
This information is available in alternate format.Call Michelle Waters-Ekanem,Diversity Director,at 617-292-5751.TDD#1.866-539-7622 or 1-617-574-6868
MassDEP Website:www.mass.gov/dep
Printed on Recycled Paper
Certification for General Use
PERC-RITE Drip Dispersal System—May 23,2012
Page 2 of 16
I. Purpose
1. Department approved Drip Dispersal Systems provide alternatives to a conventional
leaching system and alternatives to some of the other design requirements of Title 5.
2. This Certification is for the installation of a System to serve a facility for which a site
evaluation in compliance with 310 CMR 15.000 has been approved by the Approving
Authority and the site meets the siting requirements for new construction..
3. This Certification shall not be used for the installation of a System to upgrade or
replace an existing failed or nonconforming system, unless the facility meets the
siting requirements for new construction, including a reserve area. All other proposed
upgrades utilizing this System shall be in conformance with the Remedial Use
Approval issued by the Department for this System.
4. With the other applicable permits or approvals that may be required by Title 5, the
Certification for General Use authorizes the installation and use of the System in
Massachusetts. All the provisions of Title 5, including the General Conditions for
Alternative Systems (310 CMR 15.287), apply to the sale, design, installation, and
use of the System, except those provisions that specifically have been varied by this
Approval.
5. Provided that the local approving authority approves the System in conformance with
the Department's General Use Certification for the System, Department review and
approval of the site-specific System design and installation is not required unless the
Department determines on a case-by-case basis,pursuant to its authority at 310 CMR
15.003(2)(e),that the proposed System requires Department review and approval.
6. The Department has determined that the System is equivalent to a pressure
distribution system designed in accordance with the Department's Pressure
Distribution Guidance.
II. Design and Installation Requirements
1. The Drip Dispersal System may only be used for disposal of wastewater effluent from
a Title 5 septic tank meeting the most current standards for new construction or from
a secondary treatment unit Certified for General Use by the Department. In addition
to the requirements of this Approval,when a secondary treatment unit precedes the
Drip Dispersal System, the Designer, the Installer, the Service Contractor, and
System Owner shall be responsible for compliance with the requirements of the
Department's secondary treatment unit Certification.
2. The System is a pressure distributed subsurface wastewater drip dispersal (disposal)
system that replaces a conventional soil absorption system (SAS). The System is
designed to distribute septic tank or secondary effluent and pressure discharge it at a
depth of at least 6 inches below finished grade. The System includes a pump, control
panel, a filter module/hydraulic unit and drip dispersal zone(s) with drip tubing
Certification for General Use
PERC-RITE Drip Dispersal System—May 23,2012
Page 3 of 16
incorporating discharge emitters. The dispersal zone(s) include small diameter flexible
polyethylene tubing with pressure compensating emitters. The emitters operate on a
pressure differential across the emitter, with wastewater discharged in small doses.
Dispersal field dosing is timed and controlled electronically to provide pre-programmed
volumes of effluent for discharge to each dispersal zone(s). The System allows periodic
backwashing of the filtration system and forward-flushing of the dispersal tubing with
the flush/backwash effluent conveyed by return line to the septic tank. The System may
include single (the QM/WD model) or two-stage (the ASD models) automatic
backwashing disc filters within the filter module and air vents in each dispersal zone.
Each zone shall have air release valves at the high points of manifolds and check valves
on each return manifold in multi-zone systems. The System shall be equipped with a
totalizing flow meter.
3. The System shall include the following:
a) Pumps capable of providing pressure of 10-60 psi throughout the dispersal
zone(s). Each drip dispersal zone shall be dosed a minimum of four times per day,
or as recommended by the Company. Duplex pumping shall be provided for
facilities with design flows of 2,000 gpd or greater. The pump chamber, combined
with available storage in the pretreatment units, shall provide at least one-day
storage, as required by Title 5.
b) Timed dosing for the drip system with a timer controller capable of operating the
system during peak flow events without high-level alarms.
c) Automatically backwashed filter(s) capable of screening particles larger than 115
microns prior to discharge of the effluent to the drip tubing. Filter(s) backwash
shall be conveyed back to a separate settling tank or to the septic tank.
d) Air vents in a zone shall be placed at a higher elevation than the drip tubing in
that zone but below the ground surface. Air vents shall be accessible from
finished grade and insulated to prevent freezing.
e) Drip tubing lines installed as level as possible on contour and a minimum of 6
inches below finished grade. Drip line spacing is typically 24 inches with drip
tubing emitters spaced 24 inches on center. The drip dispersal tubing shall be
automatically forward flushed after a pre-programmed number of dosing cycles as
determined by the Company. Flushing velocity shall be at least 2 feet per second
at the distal end(s) of each drip dispersal lateral within a zone. All drip line
flushwater shall be conveyed back to the pump tank, a separate settling tank or to
septic tank.
f) The dispersal area shall not be installed under a paved surface, or in areas of
routine traffic,parking or storage of heavy equipment. In addition no planting or
soil excavation shall be done in or within 5 feet of the drip disposal area after its
installation. The system may be designed to allow for installation of drip tubing
up to five feet from a building cellar wall.
g) No change in existing surface slope over the dispersal field is required..
Certification for General Use
PERC-RITE Drip Dispersal System—May 23,2012
Page 4 of 16
4. The System may be installed in soils with a percolation rate of up to 60 minutes per inch
(MPI) in Class I, II, III, or IV soils, subject to the restrictions of the Approval. The
System shall only be installed in Class IV soils, as defined in 310 CMR 15.243, when
the design has been reviewed and certified by the Company (see Paragraph V.3).
5. The System may be installed in the A, B or C soil horizon or in fill material meeting the
current Title 5 specifications,at a depth of at least 6 inches below,but not more than 24
inches below the finished grade. The use of the A horizon(or fill material) shall not be
included in the determination of the required minimum of 4 feet of naturally occurring
pervious material. For proposed installations in the A or B soil horizon, a soil evaluation
shall be performed to determine whether or not these soils are the most restrictive layer
and the appropriate loading rate for the design of the Drip Dispersal System. The soil
evaluation of the A and B horizon must be acceptable to the local approving authority
and may include, but not necessarily be limited to,a sieve analysis or a modified
shallow percolation test.
6. The minimum effective dispersal area provided for the System shall be based on the soil
loading rate(gpd/sq.ft.)derived from the Company's Design Guidance or the limitations
imposed by this Approval,whichever is more stringent.
7. The effective dispersal area shall be calculated as the bottom area of the drip tubing system.
No sidewall effective dispersal area credit shall be given for Drip Dispersal Systems.
8. The effective dispersal area provided by each emitter shall not overlap with the effective
dispersal area provided by an adjacent emitter.
9. The effective dispersal area shall be a maximum of 4 square feet per emitter(2 feet by 2
feet), provided that adjacent lines of the tubing are spaced at least 2 feet apart and the
emitters are at least 2 feet apart along the length of the tubing.
10. The minimum spacing between lines of drip tubing shall be 12 inches. The total number
of emitters in the effective dispersal area shall not exceed one emitter per 1 square foot
of the effective dispersal area.
11. The System may have a layout which is different than a conventional system in terms of
shape. Accordingly, a reserve area must be provided that meets the dimensional
requirements of a conventional soil absorption system using either standard or pressure
distribution loading rates.
12. The record drawings, on file with the local approving authority, shall clearly indicate an
area capable of supporting a primary conventional leaching system separate from a
reserve area for a conventional leaching system. The drawings shall indicate that the
area for a full-sized primary SAS and the area for a full-sized reserve SAS are for the
sole purpose of upgrading the System, if necessary, without any increase in flow.
The System Owner shall not construct any permanent buildings or structures or disturb
the site in any manner that would require encroaching on the approved reserve area to
install, in the future, a full-sized conventional SAS.
Certification for General Use
PERC-RITE Drip Dispersal System—May 23,2012
Page 5 of 16
13. If additional drip tubing is installed in the future,the effective dispersal area for each
existing and new emitter must be recalculated based on the new separation distances and
the requirements above.
14. Residential Systems less than 2000 gpd, Alternative Design Standard to 310 CMR
15.2420)(a)Effluent Loading Rates—For residential Systems with design flows less
than 2000 gpd,the required effective dispersal area may be reduced up to 50 percent
when using the loading rates for gravity systems of 310 CMR 15.242(I)(a), provided
that the Drip Dispersal System is preceded by a secondary treatment unit with General
Use Certification that allows for a 50%reduction in effective leaching area. Any
reduction in effective leaching area shall be in accordance with the requirements and
limitations of the secondary treatment unit General Use Certification and this
Certification. No reduction is allowed in addition to the reduction allowed under the
secondary treatment unit General Use Certification. For residential design flows of 2000
gpd or greater and for all nonresidential systems, no reduction in the effective dispersal
area is allowed.
The record drawings must indicate an area for a full-sized conventional primary SAS
and the area for a full-sized conventional reserve SAS are for the sole purpose of
upgrading the on-site sewage disposal system in the future, if necessary, without any
increase in flow.
(The effluent loading rates provided in 310 CMR 15.242(1)(b) for pressure
distribution may be utilized, but no reduction in the effective leaching area may be
taken when using these loading rates, as stated in the regulation.)
15'. The supply lines, drip tubing manifolds, and headers shall be sloped to allow effluent to
drain back to the effluent pump (dosing) chamber by gravity to prevent freezing or
installed at a depth of least four feet. The drip tubing and shallow manifolds shall be
designed to drain into the soil upon completion of the pump cycle.
16. For Systems with a design flow of 2,000 GPD or greater,the System shall be equipped
with a flow meter and automatic remote telemetric notification to the Service Contractor.
17. Except for septic tank covers which are not required to be at grade, the frames and
covers of all other access manholes and ports of the System components shall be
watertight, made of durable material, and shall be installed and maintained at grade, to
allow for necessary inspection, operation, sampling and maintenance access. Manholes
brought to final grade shall be secured to prevent unauthorized access. No structures
which could interfere with performance, access, inspection,pumping, or repair shall be
located directly upon or above the access locations.
18. The System shall be equipped with sensors and high-level alarms to provide notification
to the System Owner and Service Contractor of a high water situation due to pump
failure, pump control failure, loss of power or system freeze up. The control panel
including alarms and controls shall be mounted in a location always accessible to the
Service Contractor.
Certification for General Use
PERC-RITE Drip Dispersal System—May 23,2012
Page 6 of 16
19. The System does not require a five foot over dig as indicated at 310 CMR 15.255(5).
20. All System control units,valve boxes, drip dispersal lines, conveyance lines and other
System appurtenances shall be designed and installed to prevent freezing per the
Company's recommendations.
21. System unit malfunction and high water alarms shall be connected to circuits separate
from the circuits to the operating equipment and pumps.
22. Any System structures with exterior piping connections located within 12 inches or
below the Estimated Seasonal High Groundwater elevation shall have the connections
made watertight with neoprene seals or equivalent.
23. Installation of inspection ports as described in 310 CMR 15.240(13) is not required for
this System.
24. .Upon submission of an application for a Disposal System Construction Permit
(DSCP), the Designer shall provide to the local Approving Authority:
a) for any proposed non-residential System, any System to be installed in Class IV
soils, or any residential System with a design flow 2,000 GPD or greater,
certification by the Company as specified in Paragraph V.3.
b) certification by the Designer that the design conforms to the Approval, the
Company Design Guidance, and the Code; and
c) a certification, signed by the Owner of record for the property to be served by the
Technology, stating that the property Owner:
i) has been provided a copy of the Approval, the Owner's Manual, and the
Operation and Maintenance Manual and the Owner agrees to comply with all
terms and conditions;
ii) has been informed of all the Owner's estimated costs associated with the
operation including, when applicable:power consumption, maintenance,
recordkeeping, reporting, and equipment replacement;
iii) understands the requirement for a service contract;
iv) agrees to fulfill his responsibilities to provide a Deed Notice as required by
the Approval;
v) agrees to fulfill his responsibilities to provide written notification of the
Approval to any new Owner, as required by 310 CMR 15.287(5);
vi) if the design does not provide for the use of garbage grinders, the restriction is
understood and accepted; and
vii) whether or not covered by a warranty, the System Owner understands the
requirement to repair, replace, modify or take any other action as required by
the Department or the local Approving Authority, if the Department or the
local Approving Authority determines the System to be failing to protect
public health and safety and the environment, as defined in 310 CMR 15.303.
Certification for General Use
PERC-RITE Drip Dispersal System—May 23,2012
Page 7 of 16
25. The System Owner and the Designer shall not submit to the local Approving
Authority a DSCP application for the use of a Technology under this Certification if
the Certification has been revised, reissued, suspended, or revoked by the Department
prior to the date of application. The Certification continues in effect until the
Department revises, reissues, suspends, or revokes the Certification.
26. The System Owner shall not authorize or allow the installation of the System other
than by a person certified by the Company to install the System.
27. Prior to the commencement of construction,the System Installer must certify in
writing to the Designer,the local Approving Authority, and the System Owner that
(s)he is a locally approved System Installer and has been certified by the Company as
qualified to install the System.
28. Except where the Approval specifically states otherwise,the Alternative System shall be
installed in a manner which does not intrude on, replace, or adversely affect the
operation of any other component of the subsurface sewage disposal system.
29. Drip tubing may be installed with a vibratory plow, a static plow, a narrow trencher(<6"
width),by hand trenching, or by scarifying the surface and bedding the drip tubing in clean
sand meeting the current requirements for fill material in Title 5 with cover consisting of
sand and topsoil meeting the 6 inch minimum depth requirement. Vegetative cover must be
replaced for installations where it is removed or buried during installation.
30. Drip tubing shall not be installed when soils are frozen or saturated.
31. The Installer shall maintain on-site, at all times during construction, a copy of the
approved plans, the Owner's manual, the O&M manual, and a copy of the Approval.
32. Prior to the issuance of a Certificate of Compliance for the System, the Company or its
designee shall submit to the local approving authority and the System Owner a signed
certification that the Alternative System has been installed in accordance with the
Company's requirements, the approved plan, and the Approval. This certification in no
way changes the Title 5 requirements for the Designer and Installer certifications.
33. Prior to the issuance of a Certificate of Compliance by the local Approving Authority,
the System Installer and Designer must provide, in addition to the certifications
required by Title 5, certifications in writing to the local Approving Authority that the
System has been constructed in compliance with the terms of the Approval.
34. The Department has not determined that the performance of the System will provide a
level of protection to public health and safety and the environment that is at least
equivalent to that of a sanitary sewer system.
a) If it is feasible to connect a new or existing facility to the sewer, the Designer
shall not propose an Alternative System to serve the facility and the facility
Owner shall not install or use an Alternative System; and
Certification for General Use
PERC-RITE Drip Dispersal System—May 23,2012
Page 8 of 16
b) when a sanitary sewer connection becomes feasible after an Alternative System
has been installed,the System Owner shall connect the facility served by the
System to the sewer within 60 days of such feasibility and the System shall be
abandoned in compliance with current Code requirements, unless a later time is
allowed in writing by the Department or the local Approving Authority.
III. Operation and Maintenance
1. To ensure proper operation and maintenance (O&M) of the System,the System
Owner shall enter into an O&M Agreement with a qualified Service Contractor
whose name appears on the Company's current list of Service Contractors. Prior to
commencement of construction of the System, the System Owner shall provide to the
local Approving Authority a copy of a signed O&M Agreement.
2. From start up and thereafter,the System Owner and Service Contractor shall be
responsible for the proper operation and maintenance of the System in accordance with
this Certification,the Designer's O&M requirements, the Company's O&M
requirements and the requirements of the local Approving Authority. The System
Owner and Service Contractor shall be responsible for compliance with all monitoring
and inspection requirements. All inspection, operation, maintenance, and monitoring
requirements remain in effect until the conditions are modified,terminated, or
superseded by a new Approval.
3. Prior to issuance of the Certificate of Compliance, a clean water test of the System shall be
performed in the presence of a Company representative and the Service Contractor to check
for leaks and for the proper distribution of effluent and to ascertain and verify system
design flush and dose rates. The local approving authority shall be given adequate
notification and opportunity to witness the clean water test, or at their discretion, may
accept a letter from the Company representative certifying that the System operated
properly during the clean water test.
4. For design flow rates of less than 2,000 gpd, the Service Contractor shall inspect and
service the System at least annually, in accordance with Company requirements and
checklist.
5. For actual or design flow rates of 2,000 gpd or greater, the System shall be inspected and
serviced at least quarterly, consistent with the pressure distribution inspection
requirements of 310 CMR 15.254(2)(d) and in accordance with Company requirements
and checklist.
6. At a minimum,the Service Contractor shall clean the effluent tee filter according to 310
CMR 15.227(7), inspect pumps, controllers, air relief valves, and other system filters,
and provide service, as necessary.
Certification for General Use
PERC-RITE Drip Dispersal System—May 23,2012
Page 9 of 16
7. Each time an Alternative System is visited by a Service Contractor the following shall be
recorded, at a minimum:
a) date, time, air temperature, and weather conditions;
b) observations for objectionable odors;
c) observations for signs of breakout of sanitary sewage in the vicinity of the
Alternative System;
d) identification of any apparent violations of the Approval;
e) since the last inspection,whether the system had been pumped with date(s) and
volume(s)pumped;
f) sludge depth and scum layer thickness, if measured;
g) when responding to alarm events, the cause of the alarm and any steps taken to
address the alarm and to prevent or reduce the likelihood of future similar alarm
events;
h) any cleaning and lubrication performed;
i) any adjustments of control settings, as recommended or deemed necessary;
j) any testing of pumps, switches, alarms, as recommended or deemed necessary;
k) identification of any equipment failure or components not functioning as
designed;
1) parts replacements and reason for replacement, whether routine or for repair; and
m) further corrective actions recommended, if any.
8. Unless directed by the local Approving Authority to take other action, the System
Owner shall immediately cease discharges or have wastewater hauled off-site, if at
any time during the operation of the Alternative System the system is in failure as
described in 310 CMR 15.303(1)(a)l or 2, backing up into facilities or breaking out to
the surface.
IV. Additional System Owner and Service Contractor Requirements
1. Prior to commencement of construction of the System and after recording and/or
registering the Deed Notice required by 310 CMR 15.287(10), the System Owner
shall provide to the local Approving Authority a copy of:
a) a certified Registry copy of the Deed Notice bearing the book and page/or
document number; and
b) if the property is unregistered land, a copy of the System Owner's deed to the
property as recorded at the Registry, bearing a marginal reference on the System
Owner's deed to the property.
The Notice to be recorded shall be in the form of the Notice provided by the
Department.
2. Prior to signing any agreement to transfer any or all interest in the property served by
the System, or any portion of the property, including any possessory interest,the
System Owner shall provide written notice, as required by 310 CMR 15.287(5) of all
Certification for General Use
PERC-RITE Drip Dispersal System—May 23,2012
Page 10 of 16
conditions contained in the Approval to the transferee(s). Any and all instruments of
transfer and any leases or rental agreements shall include as an exhibit attached
thereto and made a part of thereof a copy of the Approval for the System. The
System Owner shall send a copy of such written notification(s)to the local Approving
Authority within 10 days of giving such notice to the transferee(s).
3. The System Owner shall provide access to the site for the Service Contractor to
perform inspections, maintenance, repairs, and responding to alarm events, as may be
required by the Approval.
4. The System Owner and the Service Contractor shall maintain an O&M Agreement at
all times. The duration of the O &M Agreement shall be at least one year and shall
include the following provisions:
a) The name of a Service Contractor, who meets the qualifications specified in the
Approval, shall be included;
b) The Service Contractor's responsibilities for inspection, operation, maintenance,
monitoring, recordkeeping and reporting, as required by this Approval shall be
included;
c) In the case of a System which is determined to be failing to protect public health
and safety and the environment, as defined in 310 CMR 15.303, an equipment
failure, alarm event, components not functioning as designed, or violations of the
Approval, procedures and responsibilities of the Service Contractor and System
Owner shall be clearly defined, including corrective measures to be taken
immediately.
The System Owner and the Service Contractor shall maintain on-site, at all times, a
copy of the O&M Agreement, the approved design plans, the Owner's Manual, and
the O&M Manual.
5. The Service Contractor shall submit to the System Owner the O&M report and
inspection checklist within 60 days of any site visit.
6. The System Owner and the Service Contractor shall maintain copies of the Service
Contractor's O&M reports, inspection checklists, and all reports and notifications to
the local Approving Authority for a minimum of three years.
7. Upon determining that the System is in violation of the Approval or the System is
failing to protect public health and safety and the environment, as defined in 310
CMR 15.303, the Service Contractor shall notify the System Owner immediately.
8. Upon determining that the System is failing to protect public health and safety and the
environment, as defined in 310 CMR 15.303,the System Owner and the Service
Contractor shall be responsible for the notification of the local Approving Authority
within 24 hours of such determination.
9. In the case of a System that has been determined to be failing to protect public health
and safety and the environment, an equipment failure, alarm event, components not
Certification for General Use
PERC-RITE Drip Dispersal System—May 23,2012
Page 11 of 16
functioning as designed, components not functioning in accordance with
manufacturers' specifications, or violations of the Approval, the Service Contractor
shall provide written notification within five days, describing corrective measures to
the System Owner, the local board of health, and the Company and may only propose
or take corrective measures provided that:
a) all emergency repairs, including pumping, shall be in accordance with the
limitations and permitting requirements of 310 CMR 15.353;
b) the design of any repairs or upgrades are consistent with the System Approval;
c) the design of any repairs or upgrades requiring a DSCP shall be performed by a
Designer who is a Massachusetts Registered Professional Engineer or a
Massachusetts Registered Sanitarian, provided that such Sanitarian shall not
design a system with a discharge greater than 2,000 gallons per day.
d) the installation shall be done by an Installer with a currently valid Disposal
System Installers Permit and the Installer shall be certified by the Company as
qualified to install the System .
The System Owner shall also be responsible for ensuring written notification is
provided within five days to the local board of health.
10. The System Owner and the Service Contractor shall provide written notification to
the local Approving Authority within seven days of any cancellation, expiration or
other change in the terms and/or conditions of a required O&M Agreement with a
Service Contractor. The Service Contractor shall provide written notification to the
Company within seven days of any cancellation, expiration or other change in the
terms and/or conditions of a required O&M Agreement.
11. By February 15th of each year, the System Owner and the Service Contractor shall be
responsible for submitting to the local Approving Authority all O&M reports and
inspection checklists completed by the Service Contractor during the previous 12
months.
12. By February 15th of each year,the Service Contractor shall be responsible for
submitting to the Company copies of all O&M reports including alarm event
responses, violations of the Approval, inspection checklists completed by the Service
Contractor, notifications of system failures, and reports of equipment replacements
with reasons during the previous 12 months.
13. The Service Contractor shall notify the System Owner of any changes to the terms
and conditions of the Approval within 30 days of any changes.
14. Within one year of any changes to the terms and conditions of the Approval, the
System Owner shall amend, as necessary,the O&M Agreement required by
Paragraph III.1 to reflect the changes to the terms and conditions of the Approval.
15. To determine whether cause exists for modifying, revoking, or suspending the
Approval or to determine whether the conditions of the Approval have been met, the
Certification for General Use
PERC-RITE Drip Dispersal System—May 23,2012
Page 12 of 16
System Owner shall furnish the Department any information that the Department
requests regarding the System, within 21 days of the date of receipt of that request.
16. The Approval shall be binding on the System Owner and on its agents, contractors,
successors, and assigns, including but not limited to the Designer, Installer, and
Service Contractor. Violation of the terms and conditions of the Approval by any of
the foregoing persons or entities, respectively, shall constitute violation of the
Approval by the System Owner unless the Department determines otherwise.
V. Company Requirements
1. The Approval shall only apply to model units with the same model designations
specified in the System Approval and meet the same specifications, operating
requirements, and plans, as provided by the Company or its authorized agent at the
time of the application. Any proposed modifications of the units, installation
requirements, or operating requirements shall be subject to the review of the
Department for inclusion under a modification of the Approval. The Designer shall
be responsible for the selection of the appropriate model unit except, for systems of
2,000 gpd or more,the Company or its authorized agent shall be responsible for
verification of the appropriate model unit as part of the review of proposed
installations under a General Use Approval.
2. Prior to submission of an application for a DSCP, the Company or its authorized
agent shall provide to the Designer and the System Owner:
a) All design and installation specifications and requirements;
b) An operation and maintenance manual, including:
i) an inspection checklist;
ii) recommended inspection and maintenance schedule;
iii) monitoring (i.e. water use);
iv) alarm response procedures and troubleshooting procedures;
c) An owner's manual, including alarm response procedures;
d) Estimates of the Owner's costs associated with the operation including, when
applicable: power consumption, maintenance, recordkeeping, reporting, and
equipment replacement;
e) A copy of the Company's warranty; and
f) Lists of certified Installers and trained Service Contractors.
3. Prior to the submission of an application for a DSCP, for all nonresidential Systems,
all Systems to be installed in Class IV soils, and all Systems with design flows of
2,000 gpd or greater, the Company or its authorized agent shall submit to the
Designer and the System Owner, a certification by the Company or its authorized
agent that the design conforms to the Approval and all Company requirements and
that the proposed use of the System is consistent with the System's capabilities. The
Certification for General Use
PERC-RITE Drip Dispersal System—May 23,2012
Page 13 of 16
authorized agent of the Company responsible for the design review shall have
received technical training in the Company's products.
4. The Company must maintain programs of training and continuing education for
Service Contractors. Training shall be provided at least annually. If the Company
requires trained Designers and Installers, the Company or its authorized agent shall
institute programs of training and continuing education that is separate from or
combined with the training for Service Contractors. The Company or its authorized
agent shall maintain, annually update, and make available by February 151" of each
year, lists of trained Service Contractors, certified Installers and, if training is
provided, trained Designers. The Company or its authorized agent shall certify that
the Service Contractors and, if training is provided, Designers and Installers on the
lists have taken the appropriate training and passed the Company's training
qualifications. The Company or its authorized agent shall further certify that the
Service Contractors on the list have submitted to the Company all the reports required
by Paragraphs IV.9, 10, and 12.
5. .The Company or its authorized agent shall not re-certify a Service Contractor if the
Service Contractor has not complied with the reporting requirements for the previous
year.
6. The Company or its authorized agent shall not sell the System to an Installer unless
the Installer is certified to install the System by the Company or its authorized agent.
The Company or its authorized agent shall require, by contract,that distributors and
resellers of the Technology shall not sell the System to an Installer unless the Installer
is certified to install the System by the Company.
7. As part of any training programs for Service Contractors, Installers, or Designers,the
Company or its authorized agent shall provide each trainee with a copy of this
Approval with the design, installation, O&M, and owner's manuals that were
submitted as part of the Approval.
8. The Company shall provide, in printed or electronic format, the System design,
installation, O&M, and Owner's manuals, and any updates associated with this System
Approval,to the System Owners, Designers, Installers, Service Contractors, vendors,
resellers, and distributors of the System. Prior to publication or distribution in
Massachusetts,the Company shall submit to the Department for review a copy of any
proposed changes to the manual(s)with reasons for each change, at least 30 days prior to
issuance. The Company shall request Department approval for any substantive changes
which may require a modification of the Approval.
9. Prior to its sale of any System that may be used in Massachusetts,the Company shall
provide the purchaser with a copy of this Approval with the System design, installation,
O&M, and Owner's manuals. In any contract for distribution or sale of the System, the
Company shall require the distributor or seller to provide the purchaser of a System for use
in Massachusetts with copies of these documents, prior to any sale of the System.
Certification for General Use
PERC-RITE Drip Dispersal System—May 23,2012
Page 14 of 16
10. To determine whether cause exists for modifying, revoking, or suspending the
Approval or to determine whether the conditions of the Approval have been met, the
Company shall furnish the Department any information that the Department requests
regarding the Technology within 21 days of the date of receipt of that request.
11. Within 60 days of issuance by the Department of a revised Approval,the Company
shall provide written notification of changes to the Approval to all Service
Contractors servicing existing installations of the System and all distributors and
resellers of the System.
12. The Company shall provide written notification to the Department's Director of the
Wastewater Management Program at least 30 days in advance of the proposed
transfer of ownership of the System. Said notification shall include the name and
address of the proposed owner containing a specific date of transfer of ownership,
responsibility, coverage and liability between them. All provisions of this Approval
applicable to the Company shall be applicable to successors and assigns of the
Company, unless the Department determines otherwise.
13. The Company shall maintain copies of:
a) the Approval;
b) the installation manual specifically detailing procedures for installation of its
System;
c) an owner's manual, including alarm response procedures;
d) an operation and maintenance manual, including:
i) an inspection checklist;
ii) recommended inspection and maintenance schedule;
iii) monitoring requirements, if any (including water use and power consumption
when required);
iv) alarm response procedures and troubleshooting procedures.
e) estimates of the operating costs provided to the Owner, including, when
applicable: power consumption, maintenance, recordkeeping, reporting, and
equipment replacement;
f) a copy of the Company's warranty; and
g) lists of trained Designers (if any), certified Installers, and trained Service
Contractors.
Certification for General Use
PERC-RITE Drip Dispersal System—May 23,2012
Page 15 of 16
14. By April 1 st of each year,the Company shall submit a report to the Department,
signed by a corporate officer, general partner or Company owner that identifies the
specific System approval for which the annual report is being filed and contains, for
the previous calendar year, the following information with the date and address of
each event:
a) all known violations of the Approval, including Systems not operated by qualified
Service Contractors;
b) any System failures or malfunctions; and
c) corrective actions taken, including but not limited to: design changes; installation
changes; operation/maintenance changes; monitoring changes; and/or changes in
roles and responsibilities for the manufacturer, vendors, designers, installers,
operators, and owners.
In the absence of any system failures, system malfunctions, or violations, the
Company shall submit a letter certifying, to the best of their knowledge, all installed
Systems are in compliance.
15. The Company shall maintain the following additional information for the Systems
installed in Massachusetts and make it available to the Department within 30 days of
a request by the Department:
a) the address of each facility where the System was installed, the Owner's name and
mailing address (if different),the type of use (e.g. residential, commercial,
institutional, etc.),the design flow, the model installed;
b) the installation date, start-up date, current operational status;
c) the name of the Service Contractor, noting any cancellations or changes to any
Service Contracts; and
d) copies by of all Service Contractor records submitted to the Company, including
all O&M reports with alarm event responses, all monitoring results, inspection
checklists completed by the Service Contractor, notifications of system failures,
and reports of equipment replacements with reasons.
16. The Approval shall be binding on the Company and its officers, employees, agents,
contractors, successors, and assigns, including but not limited to dealers, distributors,
and resellers. Violation of the terms and conditions of the Approval by any of the
foregoing persons or entities, respectively, shall constitute violation of the Approval
by the Company unless the Department determines otherwise.
VI. General Requirements
1. Any System for which a complete Disposal System Construction Permit("DSCP")
Application is submitted while the Approval is in effect, may be permitted, installed,
and used in accordance with the Approval, unless and until:
a) the Department issues modifications or amendments to the Approval which
specifically affect the installation or use of a System installed under the Approval
for the System; or
� P
Certification for General Use
PERC-RITE Drip Dispersal System—May 23,2012
Page 16 of 16
b) the Department,the local approval authority, or a court requires the System to be
modified or removed or requires discharges to the System to cease.
2. All notices and documents required to be submitted to the Department by the
Approval shall be submitted to:
Director
Wastewater Management Program
Department of Environmental Protection
One Winter Street- 5th floor
Boston, Massachusetts 02108
3. The Department may suspend, modify or revoke the Approval for cause, including,
but not limited to, non-compliance with the terms of the Approval, for obtaining the
Approval by misrepresentation or failure to disclose fully all relevant facts or any
change in or discovery of conditions that would constitute grounds for discontinuance
of the Approval, or as necessary for the protection of public health, safety, welfare or
the environment, and as authorized by applicable law. The Department reserves its
rights to take any enforcement action authorized by law with respect to the Approval
and/or the System against the Company, a System Owner, a Designer, an Installer,
and/or Service Contractor.
EXH. I
• Owner Information - Map/Block/Lot: 097 / 002/- Use Code: 1090
Owner
' Ma Block/Lot
Owner Name as of BROWN,ROBIN A TR p GIS MAPS
Owner
24 COLONIAL WAY 097 /002/
WESTON, MA. 02493 Property Address
' ROBIN A BROWN LIVING
Co-Owner Name 250 SMOKE VALLEY ROAD
' TRUST
Multiple Owners Village: Marstons Mills
Name: BROWN, ROBIN A TR Town Sewer At Address: No
' Name: BROWN, MARCIA S TR
• Assessed Values 2012 - Map/Block/Lot: 097/002/- Use Code: 1090
2012 Appraised Value 2012 Assessed Value Past Comparisons
Building Value: $ 522,100 $ 522,100 Year Total Assessed
Value
' Extra Features: $ 69,900 $ 69,900 2011 - $ 3,370,100
Outbuildings: $ 47,900 $ 47,900 2010 - $ 3,373,100
Land Value: $ 2,706,800 $ 2,706,800 2009 - $ 3,833,700
2008 - $ 4,000,100
2012 Totals $ 3,346,700 $ 3,346,700 2007 - $ 4,023,200
2006 - $ 3,636,900
• Tax Information 2012 - Map/Block/Lot: 097/002/- Use Code: 1090
j Taxes
C.O.M.M. FD Tax
(Residential) $ 4,785.78
' Community Preservation Act $ 845.38
Tax
Town Tax (Residential) $
28,179.21 Fiscal Year 2012 TAX RATES HERE
' 33,810.37
• Sales History- Map/Block/Lot: 097/ 002/- Use Code: 1090
History:
' Owner: Sale Date Book/Page: Sale Price:
BROWN,ROBIN A TR 5/11/2011 C194225 $2800000
CARETENSEN REALTY TRUST 3/4/2009 #D1108010 $0
CARSTENSEN REALTY TRUST 1/15/1990 C119621 $250
AbutterReport Page 1 of 1
Board of Health Abutter List for Map & Parcel(s); '097002' EXH. L
Direct abutters (no set distance) and the properties located across the street.
' Count: 4 Close
Total
Emil
W
+A �zy I
s �
,Rmrw
iFx $'s, '" ., �t �' ` A ";"6 3m '% b"re '`,�' `. ""Si"?a1Srr _: 3 b.,m
CALLAS JgHN� OSTERUILLE
097001
.,{ C144882`
�D &�ARDELL C. `° MA 02655 �A r I
.s' ,,,,.x.._,,;zA�'.i�..zw.�.�..v�.'._.,�.,n., .�-.�.:*;..r.......,ma,�..;.�..w .m: '.'�.s.�'=�c°"�'r.�:.�a�..;'�.s�, -.�.§zw
ROBIN A
BROWN, 24 COLONIAL WESTON, MA
097002 ROBIN A TR BROWN LIVING WAY 02493 C194225
TRUST �
"^9',^r i✓5 * "i'X" '� "�F _t}. .Fk"n4
STi4NIAR G' y t ��`"7 %3 �< �N- _, , r I
� r .N.h OSTERVILLE"
097:Q03 ° : WADE x P O BOX 886 f; C1753.7
a e � f 5,^,�A C. �i a 4<` ,•;
��n3s �ya�.
�
BUCKLEY, 235 SMOKE OSTERVILLE
097008 MARILYN VALLEY RD MA 02655 C146894
This list by itself does NOT constitute a certified list of abutters and is provided only as an aid to the determination of abutters.If a
certified list of abutters is required,contact the Assessing Division to have this list certified.The owner and address data on this list is
' from the Town of Barnstable Assessor's database as of 7/9/2012.
' http://66.203.95.236/arcims/appgeoapp/AbutterReport.aspx?type=BOH 7/9/2012
L,
E:M EXH. L
O
Clos
Bath
F�-
7tteBath
Kitchene
/ UP 12'x8
D V
C
Guest
k Bedroom Clos
12Y 26
Kgg
! ,,,
Sitting Room
12'x 12' E
ffn
�i
Brown Osterville
Residence
Boat House -
1 st Floor Plan (Robin)
Scale: 1/8"=1'-0"
O
CI .s
Bath
00
ON
' D
C
m
�T
GueStL Z ❑ ❑�
Bedroom
12°x126 z
D
Br
own Osterville
Residence
x Boat House -
2nd Floor Plan (Robin)
', Scale: 1/8"= "
1
7 Massachusetts Department of Environmental Protection Provided by114tassDEP:
Bureau of Resource Protection-Wetlands MassDEP File 9:003-5022
Ll
�VPA Form 5 - Order of Conditions eDEP Transaction#:496357
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40Ciry/I'own:BARUST.=ABLE
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,
within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's
Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be
1 noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on
this page shall be submitted to the Conservation Commission listed below.
BARNSTABLE
1 Conservation Commission
' Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission.
1....—..................................................................................................................................................... ... . .. ...
BARNSTABLE
Conservation Commission
i
Please be advised that the Order of Conditions for the Project at:
250 SMOKE VALLEY ROAD 003-5022
Project Location rvlassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for.
Property Owner ROBIN A.&NIARCIA S.BROWN,TRS.
and has been noted in the chain of title of the affected property in:
' Book Page
In accordance with the Order of Conditions issued on:
' Date
If recorded land,the instrument number identifying this transaction is:
Instrument Number
If re,stered land,the document number identifying this transaction is:
o `_ t t v -
1 6—`�r-1 1_`7 2 � 2
Document Number D o=_ 1 , 1 9� v
BARN STAE.LE: LA1- C-0I01iT REGISTRY
\ Rev.4/112010
Signature of Applicant
Page 9 of 9 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection
Prou�dedjbyMassDEP,,� �'��n�
Bureau of Resource Protection - Wetlandsz
�MassDEP Fite t�tumber k� i
WPA Form 3 Notice of IntentILI'
�'��Docurrfent'�Transactto�Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 "
City/Town
Important:When filling out A. General Information
forms on the
computer, use 1. Project Location (Note: electronic filers will click on button to locate project site):
only the tab key
to move your 250 Smoke Valley Road Osterville
cursor-do not
use the return a.Street Address b. Citylrown c.Zip Code
key. .. 41°38'37.83"N 70°24'14.62"W
Latitude and Longitude: d. Latitude e. Longitude
97 2
f.Assessors Map/Plat Number g.Parcel/Lot Numberrr4v:40� H
00
3l—yZ
3
erwn 2. Applicant:
Marcia S. Brown, Tr Robin A. Brown, Tr ARING
Note: a. First Name b. Last Name N
Before Robin A Brown Living Trust& Marcia S Brown Living Trust nATFd
completing this C.Organization moral ow
r
form consult
your local 24 Colonial Way ��c'
Conservation d.Street Address asj8`�
Commission Weston MA 02493
regarding any
municipal bylaw e.City/Town f.State g.Zip Code
or ordinance.
h.Phone Number i. Fax Number j. Email Address
3. Property owner(required if different from applicant): ElCheck if more than one owner
a. First Name b.Last Nam
. D
c.Organization
ut � 2 20�2
d.Street Address
e.City/Town f.State 1ARNSTA
h.Phone Number i. Fax Number j.Email address
4. Representative (if any): -
Arlene M. Wilson
a. First Name b.Last Name
A. M. Wilson Associates, Inc.
c.Company
20 Rascally Rabbit Road, Unit 3
d.Street Address
Marstons Mills MA 02648
e.City/Town f.State g.Zip Code
508-420-9792 508-420-9795 amwilsonassoc@amwilsonassociates.com
h.Phone Number i. Fax Number j.Email address
5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form):
$23600 $10550 $130,0 + $1101LO
a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
wpaform3.doc•rev. 11/16/09 Page 1 of 8
Town of Barnstable Page 1 of 1
' —Back
Building
Style Colonial Interior FloorsCarpetHardwood � ` a :
Model Residential Interior Walls Plastered '` ' F
Grade Luxury Plus Heat Fuel Gas
Stories 1 3/4 Stories Heat Type Hot
yp Air
Exterior Walls Wood Shingle AC Type Central
Roof Structure Gambrel Bedrooms 3
Bedrooms
2
Full
Roof Cover Wood Shingle Bathrooms
f
2H
Replacement Cost $530470 living area 3252
Depreciation 14Year Built 1978 _
Total Rooms 8
Rooms
t
Building
Style Ranch Interior FloorsVinyl/Asphalt
Model Residential Interior Walls Plywood m
Panel
Grade Average Heat Fuel Electric
' Stories 1 Story Heat Type Elec
Baseboard
Exterior Walls Wood Shingle AC Type None PAR,,
�Ai
Roof Structure Gable/Hip Bedrooms Bedroom Rz
Roof Cover Wood Shingle Bathrooms 2 °z
Full
Replacement Cost $79447 living area 840 � F
Depreciation 17Year Built 1966
Total Rooms 3
Rooms
I
' http://www.town.bamstable.ma.us/Assessing/print06.asp?mappar=--097002 7/12/2012
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A.M.Wilson Associates Inc. a
July 12, 2012 2 N)
V)
Dr. Wayne Miller, Chair '
Barnstable Board of Health r-d
200 Main Street
iHyannis, MA 02601
Re: Request for Local Variance, Ch 360-1
i250 Smoke Valley Road, Osterville
(Our File 2.1702.1)
Dear Dr. Miller;
Attached please find our Request for Variance from Chapter 360-1 filed on behalf
iof our clients, Robin and Marcia Brown. The project seeks to replace and expand
the septic system servicing a cottage which has existed at the site since the 1950s.
iThe client intends to bring the cottage into compliance with flood construction
codes by providing a pile supported foundation and elevating the finished first
floor to ±12.5' NGVD. A second story is to be added to the building within its
existing footprint. This will expand the number of bedrooms to three (3).
' A separate building to serve as guest quarters is also proposed as shown on the
plans. It will have the same footprint and architectural design as the cottage and
will also contain three (3) bedrooms.
iThe proposed design is for a single septic system to service both of these
residential structures. Because of the location of the pre-existing cottage, it is not
i possible for the building sewer to be located in conformance with 360-1. In order
to avoid an inordinately long run to the cottage's septic tank and the resultant
need to set the tank far into the groundwater and more than 3' below grade, the
iseptic tank, too is less than 100' from the adjacent BVW. The remainder of the
system components—the septic tank for the new guest quarters, the pump
chamber, and the SAS—are all more than 100' from the relevant wetland resource
iareas.
20 Rascally Rabbit Road
Unit 3 508 420-9792
Marstons Mills,MA 02648 FAX 508 420-9795
1 ;'
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x
The Brown's property is a lot of±5.8 acres. It is in an Aquifer Protection Zone; i.e.,
not a Zone I or II. It is in an area which is contributory to The Prince Cove/North
Bay Estuary system. Consequently, it is subject to Ch 360-45(B)(1). The maximum
allowable wastewater flow for the site would be 2,779 gpd. This would allow for
25 bedrooms. There are three (3) bedrooms currently in the main house which is
' not part of this project. With the six (6) bedrooms proposed under the project,
the site total would be nine (9) bedrooms; 990 gpd. This is ±36% of the allowable
flow. If you feel it necessary, the owners would be amenable to a restriction
' limiting the cottage and guesthouse to three (3) bedrooms each.
Site/septic plans, preliminary floor plans and other supporting documentation are
' attached. Please don't hesitate to contact our office should you have any questions
or require any additional information.
Yours,
A. M. WILSON ASSOCIATES, INC.
Arlene M. Wilson, PWS
Principal Environmental Planner
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