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HomeMy WebLinkAbout0250 SMOKE VALLEY ROAD UNIT #A - Health (4) O s T..e r-Y• c L. .2, C �o /� �; �'� �� JOHN CONATHAN II ATTORNEY-AT-LAW CHRISTINE A. JENNESS 203 WILLOW STREET, UNIT B TELEPHONE 508-362-5599 ASSOCIATE ATTORNEY YARMOUTH PORT, MASSACHUSETTS 02675 FACSIMILE 508-362-5575 January 8, 201.0 Mr. Thomas McKean, R. S . , CHO s Agent of the Board of Health Town of Barnstable Public Health Division 200 Main Street Hyannis, MA 02601 t.Re• 250"Smoke Valley Road -.. c:cage;:_ 'Osterville Dear Mr. McKean: Our office represents the Carstensert Realty Trust, the owner of the above-referenced property. I' am= writing to request an addltioha] extension cal: time to repair/replace the sept.i.c system se.r-vici;ri t; t-he cottacxF; )cated on the property. As you will recall, the cottage' s is syst em failed inspection, on September 15, 2008 . The owner g as grci3-ted are ra -a extension';from the Board of Health to r_e ir_/reL�iar.:e f7iL sept system, ."prior t:o .turning _on the water se rice or w.it i n one ear (of February.- 1,0,,: .200,9)-;:, whicrPve.r occur,s.,, 1: irst . c� �Th(E '' bttaae has been-, 008 z� ° ''and coritinu'es��to 'remain=:Nvacant�: _: All.;}he .���)r_.e.r ha,s„�rtt,,een tarne ? of f,,to_,the�,.cot tage and 'all` the pipes ha�TE� ��een r drai ed ,i rte property cont hues ~toryVbe..lis _ for sage CI�res'p`ect f,QlLry,rF duPstt:an acxdltiphzi ei t.ensio�A of time to fireplace/r pir "the cottage;�` GPpt��.�systel,� ur:t-il ,tre;.pr�p.P"`rty lsT� o d Thank".you fo,r ,your attention tf-. .this. matter. Please contact me if you should. require any �idcii.tional .. ormation, t.o x••rocess ,this regUe'st.. ^ c` rtt•1�tJ r e: A v`e l.n"SS Enclosure '. ,. �� i Barnstable y5 Town of Barnstable UlMietIgaC/ en�uvs-raa�r.E, � 1 Board of Health �A+ YA 200 Main Street, Hyannis MA 02601 2007 Office: 508-862-4644 Wayne Miller,M.D. FAX: 508-790-6304 Paul Canniff,D.M.D. JunichiSawayanagi March 9, 2009 Ms. Christine A. Jenness Associate Attorney 203 Willow Street, Unit B Yarmouthport, MA 02675 Dear Ms. Jenness, You are granted an extension, on behalf of your client, Carstensen Realty Trust, to repair or replace the failed septic system located at 250 Smoke Valley Road, Osterville. You stated that the cottage has been vacant since the end of August, the water has been turned off, all of the pipes were drained, and winterized. The Board of Health held a hearing on February 10, 2009 and voted unanimously in favor of granting an extension of time. The septic system shall be upgraded prior to turning on the water service or within one year, whichever occurs first. PER O R OF THE OARD OF HEALTH Wa e ller, M.D. Chairma I Q:\WPFILESVenness250SmokeValleyRoad2009.doc 0 Barnstable Town of Barnstable RARN'3TABLE. +�' Mom. g Board of Health 200 Main Street, Hyannis MA 02601 zoos Office: 508-8624644 r Wayne Miller,M.D. FAX: 508-790-6304 Paul Canniff,D.M.D. Junichi Sawayanagi March 9, 2009 Ms. Christine A. Jenness Associate Attorney 203 Willow Street,Unit B Yarmouthport, MA 02675 � Dear Ms. Jenness, I You are granted an extension, on behalf of your client, Carstensen Realty Trust, to repair or replace the failed septic system located at 250 Smoke Valley Road,'Osterville. You stated that the cottage has been vacant since the end of August,-the water has been turned off, all of the pipes were drained,,and winterized. The Board of Health held a hearing on February 10, 2009 and voted-tmanimously in favor of granting an extension of time. The septic system shall be upgraded prior to turning on the water service or within one - Zlj%9 year, whichever occurs first. PER O R OF THE OARD OF HEALTH Wa e Her, M.D. Chairma Q:\W.PFILESVenness250ST46keValleyRoad2C1 O.doc i 09f 2009 20:05 5083625575 JFjHN C0`4ATH01 1' PAGE 0: JOHN C®NTHAN II ATTORNEY-AT-LAW r R } 203 WILLOW STREET, UN7 AR Chriss ine A. Jennessd j!i,*,ac cll ate Attorney I. TELEPHONE (508) 362-5599 ,d FACSIMILE (508) 362-5575 ' FACSIMILE TRANSMISSION ®ate: Janual 9. 2009 To: Thomas McKean R.S— CHO -- ---�— { Facsimile; 505-790�6304 F rom: Att®rnev Christine ,�. Jenne d �It ice: 250 Sm®iCe V�il�b . o a ® � ��s I �a►6iie i. r , . D ear ' Mr. McKean: Enclosed please find a copy of my correspondence dated December 9, c!003 t® fir. Mayne Miller. Our client had advised our office that he had spoken ?. Health anl� was instructed t® write a letter to I� �i to a representative at the Board of F . Dr. Miller requesting that an extension be granted torepairlreplace the septic .>Vstem serving the cottage. However, I was at the town offices yesterday and pulled the file and did not find a copy of my correspondence. I apologize if the letter should have I een } sent to your attention. please contact me if anything f«rther is required for this request to be process f'h k 4Jou Christine A. Jenn Number of pages including cover 3 _ h ,t I THE DOCUMENTS ACCOMPANYING THIt' FAX TRANSMISSION ARE.CONFIDENTIAL AND PRIVILEGED. THIS INFORMATION IS INTENDED TO BE FOR THE USE OR THE IhICJIVIDU�II OR >. ; ffENTITY NAMED ON THIS TRANSMITTAL SHEET. IF YOU ARE NOT THE INTENDED RECIPIENT, 9ii a, Ii j.-' FLEASE NOTE THAT ANY DISCLOSURE,COPYING, DISTRIBUTION OR USE OF THE CC+NTEN`I'S I fi OFTHIS FAX TRANSMISSION IS PROHIBITED. IF YOU HAVE RECEIVED THIS FAX IN ERROR, PLEASE NOTIFY OUR OFFICE IMMEDIATELY BY TELEPHONE AT 505-362-5599. 1gkP • JOHN WNATHAN II ATTORNEY-AT-LAW CHRISTINE A. JENIVESS 203 WILLOW STREET, UNIT B TELEPHONE 508-362-5599 ASSOCIATE ATTORNEY YARMOUTH PORT, MASSACHUSETTS 02675 FACSIMILE 508-362-5575 2�2 i ^ ,_ _ - - r Mr. ThomasjMcKean, R. S. , CHO Agent of the Board of Health Town of Barnstable Public Health Division 200`-Ma n--Street Hyannis, MA 02601 !Re: 250 Smoke Valley Road - Cottage, Osterville Dear Mr. McKean: ... J ... Thank you very much for your message to our office concerning the above-referenced property in reply to my correspor d6"(ce idated• December 9', 2008, .wherein we, requested .a.n extension.'to -repair/replace -the septic,. system -serving - he dou at 250 Smoke Valley Road. We respe'ctfully' request an extension for one -yea tfrom the ; date of the Order to Comply (November 1.4, 2 008) to rertir/rc�?lac�j During this. time, the cottage wi? 1..coi.._ tc .rem in. va am and all water to the cottage will remain­turned off. Ln rn Thank, -you+ for"your`attention�.to- this muter:. ,, .p.lease c.ontapc me if you sh6ul'd-•requ "re,"any= addi.tionaL.x nf-ormation.,to.-process tYiis' request Sincer .l rhristir!F A. Je.nness Ericl'osure' ' Massachusetts Department of Environmental Protection Provided by'MassDEP: Bureau of Resource Protection-Wetlands eDEP Transaction 9:496357 MassDEP File#:003-5022 `VPA Form 5 - Order of Conditions City/i'own:BARNSTAB LE Ll Massachusetts Wetlands Protection.act M.G.L. c. 13 I, §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 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 ' 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 Conservation Commission Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission. . ........................................................................................................................................................................................................ To: BARNSTABLE 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. Property Owner ROBIN A.& MARCLA 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 registered land,the document number identifying this transaction is: Document Number Signature of Applicant Re.,1r1/20 10 Page 9 of 9 * ELECTRONIC COPY t ha '©93,'20G9 20: 05 5083625575 JOHN CONA'THAN I? PAGE 0 2 �. JOHN CONAT'HAN II � 1-°TTORNF—Y A-F'—LAW 203 WILLOW STREET, UNIT B TELEPHONE 508-362-5'99 AsSaV:Axe.�TTORNFY YARMOUTH }�vRT, MASSACHUSF.TTS 02675 FA.C:9iMILE SOS-362-�:i75 a � k � ti December 9, 2008 flr. Wayne Miller, Chairman a Board, of Health. j;l s{: loran of Barnstable 200 Main Street Hy,lnnis, MA 02601 Re: 250 Smoke Valley Road Co'ttage, Osterca_1J.e Z)e,:tr 9r. Miller: 4 represents the Carsten.sen Realty Trust, the owner Our office repres h -. :>f the above-referenced property. Here, is a copy of the correspondence we received from y 1f! ""homes McKean, Agent of the Board of Health, indi cat:i,ng that the: iyd ` S:a=Llcd septic system serving the cottage must be repa.i?�ed or 60)y ( days from the date of the notification replaced within sixty :Lel�:ter. Presently, the property is listed ,for sale with randVest. # $ ` It! i t'r,e cottage has been vacant since the end of August and the wate-c i h heexi, turned off and all of the pipes have been drained and V'r1.7lte'ri zed. We ;respectfully requtsst that an extension be granted to .oai.r/replace the septic �.ystem serving he cottage until the r)3:�pert has been sold. i t , Th rik you . for your ai,tention to this matter. jj a� �F r, ; � Sincerely, it `$ s Christine A. Jenne-Ss nc3_osure i• t f�f l y :