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HomeMy WebLinkAbout0139 CAPES TRAIL - Health 139 Capes Trail I (Terri Brandy W• r TOWN OF BARNSTABLE �Di TH E raw OFFICE OF DAHa9TSBL BOARD OF HEALTH i MASS. �o i639' 367 MAIN STREET �OMpY" HYANNIS, MASS.02601 July 29, 1994 Terri Brand 139 Capes Trail West Barnstable, MA 02668 Dear Ms. Brand: The Board of Health heard and investigated your complaint regarding the size of your septic system in relation to the total number of bedrooms in your home located at 139 Cape's Trail, West Barnstable. You testified that your home was constructed as a four (4) bedroom dwelling. The floor plan of your home dated January 10, 1993, drawn by Devlin Custom Designs, clearly identifies three (3) bedrooms located on the second floor and one unlabeled room located on the first floor. This unlabeled room is considered as a bedroom according to the Town of Barnstable Board of Health, based on the written definition of a bedroom from the MA Department of Environmental Protection. The Town of Barnstable Board of Health policy dated August 31, 1977 requires a 1250 gallon septic tank and two leaching pits for a four(4)bedroom single family home. You also testified that the purchase and sales agreement, handed to you from Donald Priestly, the Contractor/Builder, refers to providing you a 1500 gallon septic tank. However, g& a 1000 gallon septic tank was installed according to the Disposal Works Construction Permit records on file at the Barnstable Health Division Office. The designing engineer, Robert Raymond, testified that he designed the septic system for a three bedroom home based on information received from the Builder, Donald Priestly. Donald Priestly testified that he hired Robert Raymond, P.E. to design the septic system for the described style of the house as constructed. The designing engineer, Robert Raymond, testified that he designed the septic system for a three(3)bedroom home. d.e 4` x q 14 i kiyrfi�. B. l The septic system plan on file at the Health Division Office dated January 27, 1993, was designed with a design capacity of 549.7 gallons, which is adequate for a four (4) bedroom dwelling in accordance with 310 CMR 15.00, the State Environmental Code, Title V. Also, you stated that the septic system is functioning properly at this time. On July 19, 1994 during the public Board of Health meeting the Board of Health Chairman, Brian Grady, R.S. stated that he spoke to the Town Attorney, Robert Smith who informed Mr. Grady that the Board of Health does not possess the legal authority to order the owner, the builder, the designing engineer, or the installer, to install a larger sized system based on the information presented. There fore, the hearing regarding this matter is closed. Sincerely yours, Jos h C. Snow, M.D. `. Ac mg Chairman Board of Health Town of Barnstable JCS/bcs X i �D � cGr �. � I TOWN OF BARNSTABLE �DF THE raw OFFICE OF pAH39TAn i BOARD OF HEALTH 1 MAM p� i639 �� 367 MAIN STREET HYANNIS, MASS.02601 July 21, 1994 Richard and Kimberly Caston 140 Capes Trail West Barnstable, MA 02668 Dear Mr. and Mrs. Caston: The Board of Health heard and investigated your complaints regarding your onsite sewage disposal system located at 140 Capes Trail, West Barnstable, Massachusetts. Regarding the elevation of the septic system components, the designing engineer, Robert Raymond, recently determined that the septic system components were not installed in accordance with the submitted plans dated January 27, 1993. The Disposal Works Construction Installer, William Andrade, agreed to reinstall the septic system at the proper elevations in accordance with the submitted design plans. As you are aware, on July 19, 1994 the Board of Health voted to order Mr. Andrade to complete the reinstallation work within thirty (30) days. The Board of Health also reviewed your complaint regarding the size of your septic system. It was determined that your home at 140 Capes Trail West Barnstable consists of a total of only three (3) bedrooms, not four (4) bedrooms. Also, the septic system was designed in accordance with 310 CMR 15.00, the State Environmental Code, Title V, with a design capacity of 549.7 gallons. The septic system is more than adequate for the number of bedroms in the dwelling. Therefore, the Board of Health voted to grant you permission to convert the first floor "open " room into a bedroom in lieu of the Board of Health policy dated August 31, 1977 which requires a 1250 gallon septic tank and two leaching pits for a four bedroom single family home. This permission expires on August 1, 1995. If you wish to convert the first floor room into a bedroom after that date, you must first obtain written permission from the Board of Health or you shall provide documentation that the septic system meets the design requirement policies of the Town of Barnstable Board of Health. Sincerely yours, JJ eph C. Snow, M.D. ector of Public Health Town of Barnstable JCS/bcs r. O SENDER: g I also wish to receive the y • Complete items 1 and/or 2 for additional services. • Complete items 3,and 4a&b. following Services (for an extra N ` • Print your name and address on the reverse of this form so that we can fee): > return this card to you. d y • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address rn does not permit. t • Write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ RBStri cted Delivery L " • The Return Receipt will show-to whom the article was delivered and the date r U c delivered. Consult postmaster for fee. i cc 3. Article Addressed.tM4 4a. Article Number c ROBERT RAYMDND P 015 552 192 « E 39 STRIPER LANE4b. Service Type � ❑ Registered ❑ Insured c E. FALMOUTH, ."k 0 36 �E Certified El COD c I W ❑ Express Mail ❑ Return Receipt for pc Merchandise `o G 7__. D//a�tef off Deliver w of t/ Y 15 C a, { ignature Ad ss e) 8. Addressee's Address(Only if requested,x and fee is paid) co cc 1 6. Signature (Agen ~ 0 0 PS Form 3811, December 1991 *U.S.GPO:1993-352-714 DOMESTIC RETURN RECEIPT , UNITED STATES POSTAL SERVICE I � I " Official Business I PENALTY FOR PRIVATE I USE TO AVOID PAYMENT OF POSTAGE,$300 I I � I I� i •Print your na%h-", Code here • " Town of Bamstable P.O.Box 534 Hyannis,Massachusetts 02601 Fax(508)775-3344 Phone(508)790-6265 SENDER: >? y • Complete items 1 and/or 2 for additioAal services. I also wish to receive the (D • Complete items 3,and 4a&b. following services (for an extra V U) • Print your name and address on the reverse of this form so that we can fee): > > return this card to you. N • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address N does not permit. a+ t • Write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery " • The Return Receipt will show to whom the article was delivered and the date d c delivered. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number c m P 015 552 193 a DONALD PRIESTLY 4b. Service Type o CAPE RESOURCE GROUP TRUST ❑ Registered ❑ Insured y P.O. BOX 599 ® Certified ❑ COD 6 W MASHPEE, MA ❑ Express Mail ❑ Return Receipt for p� Merchandise C Q7. Date of Deliverx � C o Z Ul � fr i t e (Addres e) 8. Addressee's Address(Only if requested Y and fee is Raid)LU � F— s ignature (Agent) ~ yPS Form 3811, December 1991 *U.S.GPO:1993-352-714 DOMESTIC RETURN RECEIPT r 9 i UNITED STATES POSTAL SERVICE Official Business PENALTY FOR PRIVATE 1 USE TO AVOID PAYMENT U.S MAIL OF POSTAGE,$300 i� 1 Print your name, address and ZIP Code here ' Health Depadm d Town of Barnstable P.O.Box 534 Hyannis.Massaclt ift WM � Fax(508)775-3344 I Fhone(508)790-6265 I The Town of Barnstable °- Health Department } '"'��" 367 Main Street Hyannis, MA 02601 rna f �D■AY�' Office 508-790-6265 Thomas A. McKean RkX 508-775-3344 Director of Public Health TO: Robert Smith, Esq. , Town Attorney OR TO: Ruth Weil, Esq. , Assistant Town Attorney FROM: Thomas McKeatl'��j�i/ ... Director of Public Health DATE: May 16, 1994 SUBJECT: Lots 54 and 55 Capes Trail, West Barnstable Please subpoena Mr. Donald Priestley (of Cape Resource Group . Trust, P.O. Box 599, Ma.shpee, Massachusetts) to the Board of Health hearing scheduled for Tuesday June 7, 1994 at 7:20 p.m. (or as soon thereafter as practical) . Also, please subpoena Mr. Robert E. Raymond, P.E. of ARO Engineering Inc. (39 Striper Lane, East Falmouth, Massachusetts, 02536) to the same Board of Health meeting scheduled for June 7, 1994 at 7:20 p.m. (or as soon thereafter as practical) . The purpose of the meeting is to provide information to the Board of Health as to who represented what information to whom regarding Lots 54' and 55 Capes Trail West Barnstable. The problem is as follows: the dwellings were allegedly constructed and sold as four bedroom dwellings as shown on floor plans filed at the Building Department. The designing engineers plans represented only three bedrooms. The disposal works construction installer stated he constructed the septic systems as designed by the engineer, Robert Raymond. The homeowners, Kimberly Caston (of Lot 55 Capes Trail) and Theresa Brand (of Lot 54 Capes Trail) testified to the Board of Health on May 3, 1994 that they were sold four bedroom dwellings as represented by the builder, Donald Priestley of Resource Group Trust (see attached report) . The Board of Health members directed me to ensure that the builder and the engineer are present at the next Board of Health meeting scheduled for June 7, 1994. Please subpoena Mr. Donald Priestley and Mr. Robert E. Raymond. Thank you. 9 C , S REPORT OF MAY 4, 1994 Regarding Lots 54 and 55 Capes Trail West Barnstable Lot 55 Capes Trail The dwelling at Lot 55 capes Trail West Barnstable was 'constructed last year. The septic system was designed and constructed in compliance with the MA Environmental code for a four bedroom dwelling; however, under the written Board of Health requirements, the system complies with the standards for a three bedroom dwelling. The Building Department confirmed that the floor plans on file show four bedrooms. However, the builder, Donald Priestly of Resource Group Trust, informed me yesterday via telephone that the house contains only a total of three bedrooms on the second floor. He stated that the first floor contains a den without a door and with a half-wall handrail separating the den from the stairway and living room. The owner of the dwelling, Kimberly Gaston, stated that she agrees that there is a half-wall and no door between this room and the stairway; however, she claims she purchased the dwelling as a four bedroom home as depicted on the floor plans and that she will convert this room into a bedroom when she becomes pregnant. she does not wish to fund the costs to upgrade the septic system to the requirements of the Board of Health as would be required if she applies for a building permit in the future. During last nights Board of Health meeting, board members stated they felt that this first floor room is considered as a "bedroom." The complainants, Mr. and Mrs. Gaston, were present during the meeting. Lot 54 capes Trail The dwelling located at Lot 54 Capes Trail is owned by 'thak6ia hrafld, who alleges that her dwelling was also constructed as a four bedroom dwelling. The septic system was designed and constructed in compliance with the MA Environmental code to handle four bedrooms; however, under the written Board of Health requirements, the system complies with the standards for a three bedroom dwelling. Mrs. Brand was also present during last night's Board of Health meeting. Board of Health Meeting Result The Board of Health members directed the Health Department Director, Thomas McKean, to invite the builder, engineer, and the septic system installer to the next meeting in order to better understand what was represented to whom. The Board members also directed Mr. McKean to investigate guy other dwellings currently under construction in this area of west Barnstable by the builder. Donald Priestly of,WResoly} br eP` • ,,. septic systems are instAIl*a* irW,, ,rU fib" �sx �w� fi '�} ' ;•^ `�' 'x� ' E� ci 4 and 1 D � OZ(o(o SC b�c�lomrr, Ca-nn - UMjR+ I - )q -a3 r U-tWAIC—a-Aj- L'/M Jn ^ n il-l-) uu -4)n a+ - ka A7fl AAA -P A LOAAA-A y` �,ntb� s Ck- Q `4mQtKnlTu/-)- bzn c� �cj 0- w�� - _ . J �. dl Mtn _sue' c Gv� h aA-,kj a �l �5 C) CA C� ,e-,Otcc, t.�,ttzarn ADS CII-) a cP, I bi:n�� :t2 .2 / oil uak All INS G —' -h m n) ���1 `� n S'T1±L 1-46a,., AY,ds,4e ld Pr, e P 0_ Bah 99 ' W4AKe eA 'O►yy� TOWN OF BARNSTABLE ' S ARNStABLE. OFFICE OF TOWN ATTORNEY ntAss.t679• e$ 367 MAIN STREET ACEDMAtk HYANNIS, MASSACHUSETTS 02601-3907 ROBERT D. SMITH, Town Attorney January 6 1993 TEL. (508)790-6280 RUTH J. WEIL, Assistant Town Attorney NIGHT LINE-AFTER 4:30 P.M. t CLAIRE R. GRIFFEN, Legal Assistant (508)790-6283 EILEEN S. MOLLICA, Legal Clerk FAX 0(508)77S-3344 Barnstable County Deputy Sheriffs' Office Barnstable County County Court Complex, Main Street Barnstable, Ma. 02630 Re: Mtr. of James K. Smith and Board of Health - Witness Subpoena duces tecum, Hearing of Board of Health for Thursday, January 14, 1993, 7 :00 P.M. Our File Ref. : #93-0001 Gentlemen: The Board of Health for the Town of Barnstable has requested we prepare the enclosed witness subpoena for service upon the following individual at his address: James K. Smith, 65 Chole Court, Barnstable Village, MA; and as you are already aware, pursuant to Rule 45 of the CPLR, there is no monetary token given to Mr. Smith for fees, etc. Upon completion of service, please forward the completed Proof of Service directly to this office so that it can be appropriately filed. As for the invoice for the service of process, it should be '' properly forwarded to the Board of Health as follows: Thomas McKean, Director Board of Health, Town of Barnstable 367 Main Street, New Town Hall Hyannis, MA 02601 0x Thank you again for your continued assistance. ' Sincerely, Ruth � . Weil RJW:cg , Encs. Assistant Town ttorney cc: Thomas McKean, Director, Barnstable Board of Health ^t j} [Et\93-0001\SHERIFF] r: r COMMONWEALTH OF MASSACHUSETTS r'?r BOARD OF HEALTH, TOWN OF BARNSTABLE ! _r In the Matter of Subpoena Duces Tecum ) for Appearance at Hearing before ) *' BOARD OF HEALTH for TOWN OF BARNSTABLE, ) of JAMES R. SMITH. ) SUBPOENA FOR APPEARANCE AT HEARING GREETINGS TO: MR. JAMES R. SMITH 65 Chole Court Barnstable Village, Ma. 02630 YOU ARE HEREBY REQUIRED, in the name of the BOARD OF HEALTH of the TOWN OF BARNSTABLE, in the Commonwealth of Massachusetts, to appear at a Hearing before the Barnstable Board of Health, holden at the Board of Health hearing scheduled during the evening of Thursday, January 14, 1993 at 7 :00 P.M. of that day and from day to day thereafter, until the hearing hereinafter named is heard by said Board of Health, to be held in the Conference Room at the Barnstable School Administration Building located at 230 South Street, Hyannis, Massachusetts, to give evidence of what you know relating to the collapse of a septic tank at the residence of Craig Falcaneri located at LOT 13, Peony Lane, Marstons Mills, Massachusetts. 7. YOU ARE FURTHER REQUIRED to bring with you the following documents and/or tangible things, including, but not limited to, any and all correspondence, draft reports, reports, plans, specifications, materials records, receipts for materials, and any other documents in your care, custody and/or control regarding the installation of the septic system at Lot 13# Peony Lane, Marstons Mills, Massachusetts during the year 1992, which collapsed on Sunday, December 13, 1992. YOU ARE FURTHER NOTIFIED that failure by any person without adequate cause and excuse to obey a Witness Subpoena duces tecum may be deemed contempt by the Barnstable Board of Health in which the matter is pending. Dated at Hyannis, MA on t erth JPary 51 1593.` Claire n, Notary Public My Commissio exp res January 22, 1993. If you have any questions concern this Subpoeftk#'` you should contact your attorney. The attorneys for the party on whose behalf this Witness Subpoena duces tecum has been prepared are: Robert D. Smith, Town Attorney, and Ruth J. Weil, Assistant Town Attorney, Town of Barnstable, 367 Main Street, New Town Hall, Hyannis, Ma. 02601-3907, (508) 790-6280. ' • 13 n S ` [Ss\93-0001\8UB7O1NAj tt ' . TRIALS Rule 45 g n- nesa of signature and official position relating to uments, or tangible things designated therein; but n, the attestation. A final certification may be made the court, upon motion made promptly and in any a aura by a secretary of embassy or legation,consul gener• event at or before the time specified in the subpoe- al, consul, vice consul, or consular agent of the na for compliance therewith, may(1)quash or modi- United States, or a diplomatic or consular official of fy the subpoena if it is unreasonable and oppressive ' motion,-is i the foreign country assigned or accredited to the or (2) condition denial of the motion upon the ad- the court United States. If reasonable opportunity has been vancement by the person in whose behalf the sub sented by the i given to all parties to investigate the authenticity poena is issued of the reasonable cost of producing ''direct that the and accuracy of the documents, the court may, for the books, papers, documents, or tangible things. oral testimony good cause shown, (i) admit an attested copy with- (c) Service. A subpoena may be served by any out final certification, or (ii) permit the foreign person who is not a party and is not less than 1S ppoint an inter- official record to be evidenced by an attested sum- years of age. Service of a subpoena upon a person fix his reason- mary with or without a final certification. named therein shall be made by delivering a copy in shall be paid (b) Lack of Record. A written statement that thereof to such person, or by exhibiting it and z.,one or more of after diligent search no record or entry of a speci- reading it to him, or by leaving a copy at his place t, and may be fied tenor is found to exist in the records designated of abode; and by tendering to him the fees for one scretion of the by the statement, authenticated as provided in sub- day's attendance and the mileage allowed by law. division (a)(1) of this rule in the case of a domesticrerd en the subpoena is issued on behalf of the Unit Unless other- record, or complying with the requirements of sub States or the Commonwealth or a political subdi- xamination and division(a)(2)'of this rule for a summary in the casevision thereof, or an officer, or agency of either, Lll be conducted of a foreign record, is admissible as evidence that fees and mileage need not be tendered. The attorney the records contain no such record or entry. (d) Subpoena for Taking Deposition; Place of :ross-examining (c) Other Proof. This rule does not prevent the Examination. proof, by any other method authorized by law, of (1) No subpoena for the taking of a deposition the existence of,or the lack of,an official record, or shall be issued prior to the'service of a notice to FFICIAL of entry, or lack of entry therein. take the deposition i The subpoena may command the person to whom RULE 44.1 DETERMINATION it is directed to produce and permit inspection and OF FOREIGN LAW copying of designated books, papers, documents, or kept within the tangible things which constitute or contain evidence when admissi- ! A party who intends to raise an issue concerning relating to any of the matters within-the scope of ed by an official i the law of the United States or of any state, territo- the examination permitted by these rules, but in attested by the ry or dependency thereof or of a foreign country that event the subpoena will be subject to the -ecord, or by his shall give notice in his pleadings or other reasonable provisions of Rule 26(c) and subdivision (b) of this my other state, written notice. The court, in determining such law, rule insular posses- may consider any relevant material or source, in- A deposition subpoena upon a a which com- iin the Panama ciudin testimony, whether or not submitted b a p p p p ' ands the production E the Pacific Is- party or admissible under Rule 43. The court's m n documents or things must such copy shall determination shall be treated as a ruling on a give the party deponent at least thirty days for Lt such custodial question of law. compliance after service thereof. Such subpoena -tificate may be shall not require compliance of a defendant within district RULE 45. SUBPOENA 45 days after service of the summons and complaint rd of the record d kept, on that defendant. The court may allow a shorter a rec rec or may be (a) For Attendance of Witnesses; Form; Is- or longer time. a seal of office suance. Every subpoena shall be issued by the The person to whom the subpoena is directed may strict or political clerk of court, by a notary public, or by a justice of within 10 days after the service thereof or on or :ept, authenticat the peace, shall state the name of the court and the before the time specified in the subpoena for compli- title of the action, and shall command each person ante if such time is less than 10 days after service, to whom it is directed to attend and give testimony serve upon the attorney designated in the subpoena record, or an en j at a time and place therein specified. The clerk, written objection to inspection or copying of any or ny purpose, may notary public, or justice of the peace shall issue a all of the designated materials. If objection is ion thereof; or a subpoena, or a subpoena for the production of docu- made, the party serving the subpoena shall not be )n authorized to mentary evidence, signed but otherwise in blank, to entitled to inspect and copy the materials except anied by a final a ply requesting it, who .shall fill it in before pursuant to an order of the court from which the of the signature service. - subpoena was issued. The party serving the sub- ing person,or(ii) •,(b) For Production of Documentary Evidence. poena may if objection has been made, move upon 5cate of genuine- A subpoena may also command the person to whom notice to the deponent for an order at any time ion relates to the it is directed to produce the books, papers, doc- before or during the taking of the deposition. icates of genuine- MmAyles or Cant-2 39 92 PamptL ye; -7 23 p �'" :� -IZ`7--3>o i 4 JofTN�To,e The Town of Barnstable • .�.un.�, Health Department 1 F 367 Main Street, Hyannis, MA 02601 �4 OKI". Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health June 1, 1994 Mr. Robert Raymond ARO Engineering 39 Striper Lane East Falmouth, Ma 02536 Dear Mr. Raymond: Your presence is required at the Board of Health meeting scheduled to be held on Tuesday June 7, 1994 at 7 :20 p.m. to present information in regards to the total number of bedrooms at each dwelling located at Lots 54 and 55 Capes Trail West Barnstable. The occupants of the dwellings testified that they purchased four bedroom dwellings. Whereas, the septic systems were designed to handle only three bedrooms within each dwelling. The Board members are attempting to learn who represented what to whom. The Board of Health meeting will be held at the Second Floor Conference Room of the Town Hall Building located at 367 Main Street Hyannis. Your cooperation in this regard would be appreciated. Sincerely yours, Thomas A. McKean, R , CHO Director of Public Health I I INC T0,* The Town of Barnstable Health Department } "RISTAn f 367 Main Street, Hyannis, MA 02601 I", 1139 Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health June 1, 1994 Mr. Donald Priestley Cape Resource Group Trust P.O. Box 599 Mashpee, MA Dear Mr. Priestley: Your presence is required at the Board of Health meeting scheduled to be held on Tuesday June 7, 1994 at 7 :20 p.m. to present information in regards to the total number of bedrooms which you constructed at each dwelling located at Lots 54 and 55 Capes Trail West Barnstable. The occupants of the dwellings testified that they purchased four bedroom dwellings. Whereas, the septic systems were designed to handle only three bedrooms within each dwelling. The Board of Health members are attempting to learn who represented what to whom. The Board of Health meeting will be held at the Second Floor Conference Room of the Town Hall Building located at 367 Main Street Hyannis. Your cooperation in this regard would be appreciated. Sincerely yours Thomas A. McKean, RS, CHO Director of Public Health e �ofTx�ro,o The Town of Barnstable Health Department t 'nVIT s6"•. 367 Main Street Hyannis, MA 02601 � Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health U TO: Alfred Martin, Building Inspector cc: Mary Jacobs, Assistant Town Manager cc: Board of Health members FROM: Thomas McKean`��,�Q, Director of Public Health DATE: May 4, 1994 SUBJECT: House Number 690 Cedar Street (A = 109 - 015.001) House Number 865 Cedar Street (A = 088 - 002) I wish to bring to your attention the great possibility of a problem with the permits issued for #690 Cedar Street, West Barnstable (A= 109-015.001) . At this time, your office has not received any floor plans showing the layout of the rooms. When you do receive the plans, I need to see them to ensure that their design is consistent with the submitted septic system design plans. There are some architectural plans on file at the Building Department which show the front and back views of what appears to be a two story colonial-style house for 690 Cedar Street. We suspect this will be constructed as a four bedroom house because of two other experiences with the same builder and engineer as described in the attached report. Also, please be advised that the builder of #865 Cedar Street (A = 088-002 ) may be in violation due to the fact that no building permit was issued. The house is currently under construction and there was no building permit posted on the property today according to Health Inspector Edward Barry. It was confirmed that a foundation permit was issued however. Thank you. n REPORT OF MAY 4, 1994 Regarding Lots 54 and 55 Capes Trail West Barnstable Lot 55 Capes Trail The dwelling at Lot 55 Capes Trail West Barnstable was constructed last year. The septic system was designed and constructed in compliance with the MA Environmental code for a four bedroom dwelling; however, under the written Board .of Health requirements, the system complies with the standards for a three bedroom dwelling. The Building Department confirmed that the floor plans on file show four bedrooms. ' However, the builder, Donald Priestly of Resource Group Trust, informed me yesterday via telephone that the house contains only a total of three bedrooms on the second floor. He stated that the first floor contains a den without a door and with a half-wall handrail separating the den from the stairway and living room. The owner of the dwelling, Kimberly Gaston, stated that she agrees that there is a half-wall and no door between this room and the stairway; however, she claims she purchased the dwelling as a four bedroom home as depicted on the floor plans and that she will convert this room into a bedroom when she becomes pregnant. she does not wish to fund the costs to upgrade the septic system to the requirements of the Board of Health as would be required if she applies for a building permit in the future. During last nights Board of Health meeting, board members stated they felt that this first floor room is considered as a "bedroom.,, The complainants, Mr. and Mrs. Caston, were present during the meeting. Lot 54 Capes Trail The dwelling located at Lot 54 Capes Trail is owned by Theresa Brand, who alleges that her dwelling was also constructed as a four bedroom dwelling. The septic system was designed and constructed in compliance with the MA Environmental code to handle four bedrooms; however, under the written Board of Health requirements; the system complies with the standards for a three bedroom dwelling. Mrs. .Brand was also present during last nights Board of Health meeting. Board of Health Meeting Result The Board of Health members directed the Health Department Director, Thomas McKean, to invite the builder, engineer, and the septic system installer to the next meeting in order to better understand what was represented to whom. The Board members also directed Mr. McKean to investigate any other dwellings currently under construction in this area of West Barnstable by the builder, Donald Priestly of Resolve Group Trust, to ensure the septic systems are installed in accordance with the Board of Health requirements. TOWN OF BARNSTABLE �pF THE Taw OFFICE OF = BAHa�STaBL BOARD OF HEALTH MAB& p� - vo i639, `gym 367 MAIN STREET CEO MAY HYANNIS, MASS.02601 Board of Health Meeting Agenda June T, 1994 700 P.M. Town Hall Building 2nd Floor, Conference Room I. Hearing (Continued From Previous Meetingsj: 7:00 Proposed Board of Health Hazardous Material Regulation - Licensing requirements. II. Update: David Curley, Olde Fairgrounds Golf Course, 7:05 groundwater monitoring, vehicle removal. III. Variance Request (New Business) : 7:10 Rose Dugas, Lot 3, 1539 Hyannis Road, Barnstable - Requests a variance from order to connect dwelling to Town sewer. IV. Complaint (Old Business: 7:20 A. Kimberly Caston, Lot 55 Capes Trail - Alleges she resides in a four bedroom dwelling constructed by Donald Priestly; septic system consists of a 1000 gallon septic tank, distribution box, and one leaching pit with a design capacity of 549 gallons. B. Theresa Brand, Lot 54 Capes Trail - Same allegation as described above for dwelling at Lot 54 Capes Trail. V. Hearina (New Business) : 7:30 William Andrade - Licensed by the Board of Health to install onsite sewage disposal systems, installation of sewage disposal systems at Lots 54 and 55 without first obtaining the appropriate permits. VI. Massage License Application: 7:40 Robert Sherman, 40 Adams Street, Worcester Massachusetts, satisfactory score on Health Department written examination, diploma certificate from the Bancroft School of Massage dated May 1983. VII. Pool Modifications: 7:50 A. Elizabeth Davis, Glo Min Cottages - 182 Sea Street, Hyannis. B. Elizabeth Toscano, Captain Gosnold Village - 230 Gosnold Street, Hyannis, C. Harry Fernandes, Cape Glen Condominium Trust, 329 West Main Street, Hyannis. D. Jane Curtis, Center Village Condominiums Captain Cook Lane, Centerville. E. David Banner, Hyannis Motel - Route 132, Hyannis.. F. Carolyn Browne, Hyannis Marina - Arlington Street, Hyannis (No insurance policy submitted) . G. Arthur Rittel, Hyannis Country Squire Motor Lodge - 206 Main Street, Hyannis (No CPR certificates submitted) . H. Jeffrey Komenda, Centerville Corners Motor Lodge - 369 South Main Street, Centerville (No CPR certificates submitted) . I. Terry Koen, Courtyard Resort - Main Street, Hyannis (No CPR certificates submitted) . J. Stanley Baukus, Country Lake Lodge, 1545 Route 132, Hyannis (No CPR certificates submitted) . K. Sheila Soucy, James Stephen Resort Village, 102 Iyanough Road, Hyannis (No CPR certificates submitted) . L. Mary Lynch, Cape Winds Resort, 657 West Main Street, Hyannis (No CPR certificates and no insurance policy submitted) . VIII. Variance Request Update: 8:00 David Jasset, Deli Express (former Gourmet Franks) 569 Main Street, Hyannis Under-the-sink grease interceptor, additional seating outdoors. I%. Revisions to the Board of Health Regulations: 8:10 A. Part II, Section I - Revised Supplement To Minimum Sanitation Standards For Food Service. B. Part II, Section 3.00, Grease Contamination C. Part II, Section 4 .00 Fishing Boats Retail Sales D. Part III, Section 2.00, Above Ground Fuel Tank Regulation E. Part IV, Herbicide Regulation X. Minutes i _ recli, c7�0�4 r-i9A)or(- _- --�-- `Cl- _ b --- c •+p.. =Vic.S It .r - «_ n � y * . aw -}�{J_/} , ` ' " z54T1/ ITI//r;1•^p'� �4�1� .�ri�� ✓lv lY 1C I i I a r� REPORT OF MAY 4, 1994 Regarding Lots 54 and 55 Capes Trail West Barnstable Lot 55 Capes Trail The dwelling at Lot 55 Capes Trail West Barnstable was constructed last year. The septic system was designed and constructed in compliance with the MA Environmental Code for a four bedroom dwelling; however, under the written Board .of Health requirements,' the system complies with the standards for a three bedroom dwelling. The Building Department confirmed that the floor plans on file show four bedrooms. However, the builder, Donald Priestly of Resource Group Trust, informed me yesterday via telephone that the house contains only a total of three bedrooms on the second floor. He stated that the first floor contains a den without a door and with a half-wall handrail separating the den from the stairway and living room. The owner of the dwelling, Kimberly Caston, stated that she agrees that there is a half-wall and no door between this room and the stairway; however, she claims she purchased the dwelling as a four bedroom home as depicted on the floor plans and that she will convert this room into a bedroom when she becomes pregnant. she does not wish to fund the costs to upgrade the septic system to the , requirements of the Board of Health as would be required if she applies for a building permit in the future. During last nights Board of Health meeting, board members stated they felt that this first floor room is considered as a "bedroom." The complainants, Mr. and Mrs. Caston, were present during the meeting. Lot 54 Capes Trail The dwelling located at Lot 54 capes Trail is owned by Theresa Brand, who alleges that her dwelling was also constructed as a four bedroom dwelling. The septic system was designed and constructed in compliance with the MA Environmental Code to handle four bedrooms; however, under the written Board of Health requirements, the system complies with the standards for a three bedroom dwelling. Mrs. Brand was also present during last nights Board of Health meeting. Board of Health Meeting Result The Board of Health members directed the Health Department Director, Thomas McKean, to invite the builder, engineer, and the septic system installer to the next meeting in order to better understand what was represented to whom. The Board members also directed Mr. McKean to investigate any other` . dwellings currently under construction in this area of West Barnstable by the builder, Donald Priestly of Resolve Group Trust, to ensure the septic systems are installed in accordance with the Board of Health requirements. r PAR I^4 f-'. Real Estate System -'• General Property Inquiry 1...1�a j p, Parcel id: 088 005— .._ Account I' oN 4325 i"'c'y.!'``":i'Pits Locations 125 CAPES TRAIL !n(B Neighborhood: 85 H Jj Fire Dist, W_, t.)!ravEi l Lot! Vii; Lot Sizes 1 . 05 AcI"`1•.ais Current f:=ilt Owi'}:, PRIESTLY, ).!OI•'aAi >,_! !^l, i i{.::a ':! S!.,el'1".e 1.lc!Rj_:i, 130 .1.25 i.,A(-'E' ,I'.r" ( iiAII Year i✓-ddeds Deed Date: 020193 References 8458/137 January i`. t: PRIESTLY, r.;..,; TRS ;> 'Deed °ti'I I r a 0213 Deed Refs 8458/137 Vcl:1.l.AL:})t'i+: Lan du u I : 9 { 0) _ . a i : " " _: t "a {;::Ez':::!tl..tr.,e, „_.:„ } Road Systems a_x�ti•i: 125 .i.r'i rl�:.,;>::y 2193 ( CAPES TRAIL `._ (•_!•,!-,•t-g° 1,_,c: Irdry" 1912 (MID-CAPE HIGHWAY i T Ef i : " "t ' � 1 i 'I Control Info: Last Auto a_,f p,_i n 050794 S t':;::i'I..i..I r_i g C Last ••{ A C._7 Updates 050294 ReviewedLand Date: .. .: 1_. !.Cl 4.: .:a Reviewed 1r /'! t°11.... Date: _ . . -_ ` I : t { e„ if . .uftK "r = 1. � c4i _ " � S ": .uyi ~ i _ t Status' i_.a :ce.I. Press XMT for more data Next screen PAR Action Owners Name Roa•_.! Index 1 Road Name PAR Real Estate System - General Property Inquiry Help Parcel Id: 109 015-001- Account No: 414135 Parent: 53088 Location: 690 CEDAR ST WB Neighborhood: 85AB Fire Dist: WE, Devel Lot: 1 Lot Size: 1 . 13 Acres Current Own: PRINCI , MICHAEL J & State Class: 130 OCONNELL, PAUL R III TRS No. Bldgs: Area: P O BOX 398 32 MAIN ST Year Added: 90 HYANNIS MA 2601 Deed Date: 080186 .Reference: 5232/097 January 1st: PRINCI , MICHAEL J & Deed MMDD: 0886 Deed Ref: 5232/097 Comments: Values: Land: 45100 Buildings: Extra Features: Road System: 690 Index: 260 (CEDAR STREET ) Frntg : Index: ( ) Frntg: Control Info: Last Auto Upd: 090493 Status: C Last TACS Update: 061190 Land Reviewed By: Date: 0000 Bldgs Reviewed By: Date: 0000 Tax Title: Account: 5065 Taken: 120893 Account Status: Hold Status: PD Cancel Press XMT for more data Next screen PAR Action Owners Name Road Index Road Name Parcel Number 109 015 002 ' ` . ` LEGAL DEPARTMENT, TOWN OF BARNSTABLE ,r Memorandum DATE: MAY 27, 1994 TO: TOM MC KEAN, DIRECTOR, BOARD OF HEALTH FROM: BOB SMITH, Town Attorney RE: Lots 54 & 55 Capes Trail, W Barn (Conflicting floor plans design) OUR FILE REF:NO. : This is in in response to your memo to me of 05/16/94 with respect to the above matter and your request to have , with subpoenaes prepared for a hearing scheduled for Tuesday, June 7, 1994 at 7 :20 P.M. I do not think you have any idea what would be involved in this. If it is of importance on a continuing basis, we will-have to talk. Please feel free to give me a call. Thanks. RDS:cg pfYNETo`4 The Town of Barnstable Health Department } '�0" ° 367 Main Street, Hyannis, MA 0260.1 � rua y i67q. `� Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health TO: Robert Smith, Esq. , Town Attorney OR TO: Ruth Weil, Esq. , Assistant Town Attorney FROM: Thomas McKea ,�j� Director of Public Health DATE: May 16, 1994 SUBJECT: Lots 54 and 55 Capes Trail, West Barnstable Please subpoena Mr. Donald Priestley (of Cape Resource Group Trust, P.O. Box 599, Mashpee, Massachusetts) to the`Board of Health hearing scheduled for Tuesday June 7, 1994 at 7 :20 p.m. (or as soon thereafter as practical) . Also, please .subpoena Mr. Robert E. Raymond, P.E. of ARO Engineering Inc. (39 Striper Lane, East Falmouth, Massachusetts, 02536) to the same Board of Health meeting scheduled for June 7, 1994 at 7 :20 p.m. (or as soon thereafter as practical) . ,The purpose of the meeting is to provide information to the Board of Health as to who represented what information to whom regarding Lots 54 and 55 Capes Trail West Barnstable. The problem is as follows: the dwellings were allegedly constructed and sold as four bedroom dwellings as shown on floor plans filed at the Building Department. The designing engineers plans represented only three bedrooms. The disposal works construction installer stated he constructed the septic systems as designed by the engineer, Robert Raymond. The homeowners, Kimberly Caston (of Lot 55 Capes Trail) and Theresa Brand (of Lot 54 Capes Trail) testified to the Board of Health on May 3, 1994 that they were sold four bedroom dwellings as represented by the builder, Donald,.,Priestley of Resource Group Trust (see attached report) . The Board of Health members directed me to ensure that the builder and the engineer are present at the next Board of Health, meeting scheduled for June 7, 1994 . Please subpoena Mr. Donald Priestley and Mr. Robert E. Raymond. , _- Thank you. s s June 22 , 1994 To whom it may concern: Please be advised that the house to be built on Lot 1 (690) Cedar Street, West. Barnstable, MA 02668 will have three (3) bedrooms only. These three (3) bedrooms are on the second floor. There is a den, living room, dining room and kitchen on the first floor. The room located over the garage is a sitting room only. Thank you. Donald H. Prieslty Builder JUN 06 '94 13:47 MASS BAY EQUITY FUNDING LTD.AAAA P.1 REBOURCES GROUP TRUST MASBPEE COXXO S 13 STEEPLE STREET, SUITE 202 F.O. BOX 599 MABItPEE, MA 02649-0599 508-477-0023 508-539-1255 PAX June 6, 1994 Town of Barnstable Health Department Thomas A. McKean 367 Main Street Hyannis, MA - 02601 Dear Mr. McKean: x am writing this letter per your request regarding Lots 54 & 55 Capes Trail, West Barnstable, MA. Aro Engineering, Inc• was .given the house plans for both sites & told to design a sewage system that would support a single family dwelling. Lot 55 has a first floor open floor plan with no doors that give any privacy, and also prevent access anywhere on the first floor. My understanding, and based on our conversation, is that that constitutes a three bedroom house and the sewage system is sufficient. Lot 54 has a three bedroom upstairs and a room downstairs. that has a door which we consider a den. We were under the impression that the sewage system designed by Aro Engineering, Inc. , and approved by the Board of Health would be sufficient for either home. If this issue cannot be resolved, and if you need any further information, I can be available on Tuesday, July 51 1994 if my schedule permits. Very truly yours., Donald H. Prie ly Trustee/Builder DHP/sco i 7/5/9 / - •• g•E J.o 995,0 • 9 •AA�S lqN LOT.'� ,gym I J ` { 1 AN � O 0 N 9 A .R� 103.70 99.6R0 99.0 R 99 3 i .BO ,. • `F�CIS'Cl�s•9 J pWELL►WG F:F1.=104 3 " So3 30 ROGAR \ ' 103.P GAR 102:R ! 1 1 Ov i01 SRO _ 103.90 ' 0 Soma so �. • � CAS . . � : . . . : •. 1 P 015 552 193 Receipt for Certified Mail No Insurance Coverage Provided 4m= Do not use for International Mail (See Reverse) Sent to DONALD PRIESTLY Street and No. P.O. BOX 599 - P.O.,State and ZIP Code MASHPEE, MA Postage $. 2.29 Certified Fee Special Delivery Fee - Restricted Delivery Fee Return Receipt Showing p) to Whom&Date Delivered ID Return Receipt Showing to Whom, C Date,and Addressee's Address TOTAL Postage c &Fees Postmark or Date 6-2-94 E 6 U. to a STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(sea front). y 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address � leaving the receipt attachhd and present the article at a post office service window or hand it to your rural carrier(no extra charge). 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. m 3. If you want a return receipt,write the certified mail number and your name and address on a C return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. C 00 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, M endorse RESTRICTED DELIVERY on the front of the article. E 0 0 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If LLt return receipt is requested,check the applicable blocks in item 1 of Form 3811. a 6. Save this receipt and present it if you make inquiry. 102595-93-z-0478 c1 Jyo�tee>o, The Town of Barnstable Health Department t NAMITAIM rua 367 Main Street, Hyannis, MA 02601 039. `F �0■AY M Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health June 1, 1994 Mr. Donald Priestley Cape Resource Group Trust P.O. Box 599 Mashpee, MA Dear Mr. Priestley: Your presence is required at the Board of Health meeting scheduled to be held on Tuesday June 7, 1994 at 7 :20 p.m. to present information in regards to the total number of bedrooms which you constructed at each dwelling located at Lots 54 and 55 Capes Trail West Barnstable. The occupants of the dwellings testified that they purchased four bedroom dwellings. Whereas, the septic systems were designed to handle only three bedrooms within each dwelling. The Board of Health members are attempting to learn who represented what to whom. The Board of Health meeting will be held at the Second Floor Conference Room of the Town Hall Building located at 367 Main Street Hyannis. Your cooperation in this regard would be appreciated. Sincerely yours _ e Thomas A. McKean, RS, CHO Director of Public Health P 015 552 192. Receipt for Certified Mail No Insurance Coverage Provided wo not use for International Mail (See,Reverse) Sent to d. ROBERT RAYMOND Street and No. 39 STRIPER LANE P.O.,State and ZIP Code E. FALMOUTH Postage $ 2.29 Certified Fee ' Special,Delivery Fee Restricted Delivery Fee Return Receipt Showing C) to Whom&Date Delivered m Return Receipt Showing to Whom, C Date,and Addressee's Address 7 TOTAL Postage c &Fees 2.29 CPostmark or Date M 6-1-94 E 6 U. N a . STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(son front). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address y leaving the receipt attechtd and present the article at a post office service window or hand it to your rural carrier(no extra charge). F 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. 00 " 3. If you went a return receipt,write the certified mail number and your name and address on a 42 return receipt card,Form 3811,and attach it to the front of the article by means of the gemmed 3 ends if space permits.Otherwise,affix to back of article.Endorse front of article RETLANN RECEIPT p REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, M endorse RESTRICTED DELIVERY on the front of the article. E 0 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If LL return receipt is requested,check the applicable blocks in item 1 of Form 3811. a 8. Save this receipt and present it if you make inquiry. 102595-93-z-0478 J�o�trrro,`o The Town of Barnstable Health Department 4 r.arrrAn S ■~• 367 Main Street, Hyannis, MA 02601 ,r :9. F �a rr►� Office 508-790-6265_ Thomas A. McKean FAX 508-775-3344 Director of Public Health .. June 1, 1994 Mr. Robert Raymond ARO Engineering 39 Striper Lane East Falmouth, Ma 02536 Dear Mr. Raymond: Your presence is required at the Board .of Health meeting scheduled to be held on Tuesday June 7, 1994 at 7:20 p.m. . to present information in regards to the total number of bedrooms at each dwelling located at Lots 54 and 55 Capes Trail West Barnstable. The occupants of the dwellings testified that they purchased four bedroom dwellings. Whereas, the septic systems were designed to handle only three bedrooms within each dwelling. The Board members are attempting to learn who represented what to whom. The Board of Health meeting will be held at the Second Floor Conference Room of the Town Hall Building located at 367 Main Street Hyannis. Your cooperation in this regard would be appreciated. Sincerely yours, Thomas A. McKean, R , CHO Director of Public Health ISSUED THROUGH A. A. DORITY COMPANY BOSTON LICENSE OR PERMIT BOND KNOW ALL MEN BY THESE PRESENTS, That we Resources Group Trust , of P.O.Box 599 , Mashpee , Ma 02649, hereinafter referred to as Principal, and United Casualty and Surety Company a corporation organized and existing under the laws of the State of Georgia and authorized to do business in the Massachusetts , as Surety, are held and firmly bound unto Town of West Barnstable , hereinafter referred to as Obligee, in the sum of Two Thousand &No/100 Dollars ($2000.00) lawful money of the United States of America,to the payment of which sum,well and truely to be made,we bind ourselves, our executors, administrators, successors and assigns, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH,That whereas, the Principal has made application for a license or permit to the Obligee for the following purpose: Opening and/or Occupying a Public Way at Lot#55 Capes Trail NOW, THEREFORE, if the Principal shall faithfully comply with all ordinances, rules and regulations which have been or may hereafter be in force concerning said License or Permit, and shall save and keep harmless the Obligee from all loss or damage which it may sustain or for which it may become liable on account of the issuance of said license or permit to the Principal,then this obligation shall be null and void;otherwise,to remain in full force and effect. THIS BOND WILL CONTINUE IN FULL FORCE UNTIL CANCELLED BY THE SURETY. The Surety may at any time terminate its liability by giving thirty(30) days written notice to the Obligee,and the Surety shall not be liable for any default after such thirty day notice period, except for defaults occuring prior thereto. SIGNED, SEALED AND DATED May 3rd,1"3. Resources Group Tru ,t United Casualty and Surety Company Bond No. 263328 By: ; Philip B.Crawford Attorney-ih-Fact A.A.Dority Company,Inc. 262 Washington Stree4 Suite 99 Boston,MA 02108 (617)523-2935 UNITED CASUALTY AND SURETY COMPANY MILLEN, GEORGIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That UNITED CASUALTY AND SURETY COMPANY,a corporation of the State of Georgia,does hereby make,constitute and appoint Philip B.Crawford of Lynnfield, Massachusetts C.Whitney Crawford of No. Reading,Massachusetts Richard W.Crawford of Melrose, Massachusetts Edmund R.Crawford of Sudbury, Massachusetts Its true and lawful Attorneys-In-Fact,with full power and authority,for and on behalf of the Company as Surety,to execute and deliver and affix the seal of the Company thereto,if a seal is required,bonds,undertakings,recognizances,consents of surety or other written obligations In the nature thereof, as follows: Any and all bonds,undertakings,recognizances,consents of surety or other written obligations In the nature thereof and to bind UNITED CASUALTY AND SURETY COMPANY thereby,and all of the acts of said Attorneys-in-Fact pursuant to these presents,are hereby ratified and confirmed. These appointments are made under and by authority of the following Resolutions adopted by the Board of Directors of UNITED CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 1st day of October, 1989 which Resolutions are raw In full force and effect: Resolved that the President In conjunction with any secretary or Assiatarrt Secretary be and they we hereby suthorbd and empowered to appoint Attorneys-In.-Fact of the Company,in he name and se Its acts,to execute snd acknowledge for wul on Its behalf se Surety,any and all se, a,recoonbences, contracts of Indemnity. waivers of citation and all other wrhirgs obligatory in the name thereof,with power to attach thereto the east of the Company. Any such writings so executed by such Attornsye•In Fsct shall be binding upon the Company as if they had been duly executed and ocknowledood by on mgtlrfy elected Officere of the Company in their own proper pereor,.e. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of UNITED CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 1st day of October, 1989: That the signattre of any of ficer authorized by Resolutions of this fiord and the Company seal may be affixed by farm- to to any power of attorney or special power of attorney or certification of either given for the execution of any bond,undertaking,recognizance or other written obligation In the netwe thereof;such signattre and seal,when to used being hereby adopted by the Company se the original signettse of such officer art:the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manudty affixed. IN WITNESS WHEREOF,UNITED CASUALTY AND SURETY COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 25th day of February 1992 UNITE COMPANY of Todd . Carrigan; esident State of Massachusetts, County of Suffolk as: On this 25th day of February in the year 1992 before me personally came Todd S.Carrigan to me known,who,being by me duly sworn,did depose and say: that he resides in the State of Massachusetts;that he is President (Surety)of UNITED CASUALTY AND SURETY COMPANY,the corporation described in and which executed the above Instrument;that he signed his name thereto by the above quoted authority;that he knows the seal of said corporation;that said seal affixed to said Instrument is such corporate seal,and that It was so affixed by authority of his office under the by-laws of said corporation. Donald J. Hem , Notary Public DONALD J. HERNBERG, Notary Public My Commission Expires July 29, 1994 1,Linda Howley,Asst. Secretary(Surety)of UNITED CASUALTY AND SURETY COMPANY,INC.,certify that the foregoing power of attorney,and the above quoted Resolutions of the Board of Directors of October 1, 1989 have not-been abridged or revoked and are now in full force and effect: Signed and sealed at Boston, Massachusetts, this day of / / I 19�� Linda Howle y, Asst Secretary