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Home My WebLink About0359 CHURCH STREET - Health 359 Church Street West Barnstable A= 176-007 SEPTIC SYSTEM MUST ST " STALLED IN COMPLIA �� u � � �� ~. . .~� _ ]� �_� ��' IN � �� ]�� |`� �� N �� RLE ` . �� N� � � �� N INSPECTOR �� 0N � 0��0 � �� 00N �� =~ �� = � ~~ �� w� ��w �� = mm =m � APPLICATION� FOR PERMIT TO .. ..�_��.��.L \�_..A-0��.y�7r�u� __. l4'.}(/C~___. TYPE OF CONSTRUCTION ----------''+��-----------^---^-----'---------' ' -�/�l�i` .�*x� —.--------..�f—..=—.]��.�/ TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies 'for o permit according to the following information: Location ' -- _.. x"'1 ^.......... �]�_ � � Proposed Use --...�-l�c~*'�.�--.-------___—.,____^—.—________._____________'________. Zoning District -------_--------..-------Fioe District —.'---_--__________________ L ~~- Name Owner ' —.. K��---______Ad6"s» _.34-�__ _.�4............. .......... Nome of 8vi|6e, � . 6,eo �`�'-- ..�' �9—__.. . "u� Nome of Architect _—��Y�...................................................Address —. ---------.------________. / ^^^ . Number of Rooms ----------------------Foundation '��— --.a�—. ________ Ex1erior _— --�� ----------'--R«ofi»Q —' '��~T~b ------'------' ` h� � ' Fk�o, ' 5"�� o�>�� "~~L� -- Interior «�/f4- - - - — . . '_—^'^—. —.~.—'^------------- --ƒ----.-------------------. � ......................................... --_--...Rvmbing ....../�/�A----__________________.. . Rn,p|oce —'-- -------------------.Apprnximote [oo ___. . .. ____ ....................... Definitive Plan Approved by Planning Board l9--------, Area ----'7'—................... r �� / Diagram of Lot and Building with Dimensions Foe —�—��.�!!'r.�—_---'--- SUBJECT TO APPROVAL OF BOARD OF HEALTH ^L' ^~`v rol, aJ-\ � . � ^k ^J /I-- 4' . . 4r . _ . / ` \—� ' � � U' Y | hereby agree to conform to all the Rules and Regulations of the Town of 8orndob|a regarding the o6uva construction. . Nome ....... ----.— � ' �jMME r Town of Barnstable Regulatory Services Public Health Division 'DryA Thomas McKean,Director 200 Main Street,Hyannis,MA 02601 Office: 508-862-4644 Fax: 508-790-6304 February 28, 2019 TO WHOM IT MAY CONCERN: I attest that the attached records are true copies of the Public Health Division records. These five records are: 1) Request ID#51330 Dated 12/16/2014 Pages: 1 2) Request ID#59042 Dated 8/28/2017 Pages: 2 3) Request ID#59070 Dated 9/11/2017 Pages: 2 4) Letter to Jennifer K. Schilling and Todd F. Prada, dated 10/31/2017 Pages: 4 5) Email to Sharon Crocker, dated 12/12/2017 Pages: 1 Signed: m �� Date: aron Crocker Keeper of the Records/Administrative Assistant Q:\Legal\Attested True Copies P.Revere 2-28-19.docx Citizen Web Request Page 1 of 1 Citizen Request Management- . `g. Request ID: 51330 Created: 12/16/2014 12:00:56 PM McKenzie, Marybeth Status: Closed Assigned To: Health Office Anonymous: Yes Category: Chapter 376 : Stables E.C. Date: 1/2/2015 Created By: Parvin, Lindsay Citations: BuildingDept Time Worked: 1.50 Response Time: 12.00 Request Location: 359 CHURCH STREET West Barnstable, Ma 02668 Parcel Number: Map: 176 Block: 007 Lot: 000 Request: Requestor reports that the owners keep three horses on the property and they do not dispose of the manure in a timely manner. Requestor reports seeing several large rats in the area. Request or History: Entered on 1/7/2015 8:38:11 AM I went to the property to meet with the owner on 1-6-15 with Charlie Lewis, animal control officer,due to animal and rat complaints.This was an unscheduled appointment and the facility was clean and organized. Manure was not noted in the paddock areas and the stalls wood shavings were fairly clean.The fencing was a mix of wood and electrical. Water was available for the animals.They have 4 chickens as well as the 3 horses. Hay was dry and grain was in a covered bucket.The manure was on a tarp, which is not allowed,and will now be stored in covered buckets until a compost area is built. No rats were noted or evidence of rats:tunneling, holes in ground,or excrement was noted by myself or Charlie Lewis.The Johnson's are in process of becoming permitted at this time http://itsqldb/CitizenRequest/WRequestPrintPub.aspx?ID=51330 2/28/2019 Citizen Web Request Page 1 of 2 Citizen Request Management Wig - Request ID: 59042 Created: 8/28/2017 9:11:44 AM WON Status: Closed Assigned To: McKenzie, Marybeth Health Office Anonymous: No Category: Chapter 376 : Stables E.C. Date: 9/11/2017 Created By: Sousa,Vanessa Citations: Health Office Time Worked: 9.50 Response Time: 10.00 Request Location: 359 CHURCH STREET West Barnstable, Ma 02668 Parcel Number:. -._. _._.. . -_-- ---�- - ------ -- - Map: 176 Block: 007 Lot: 000 Request: i horse manure. Says there is a bad smell Requestor reporting owner is not disposing o se e y coming from yard. Request Work History: Entered on 9/13/2017 10:29:44 AM An unscheduled inspection of the property was done on 8/31/17. I discussed the complaint with the stable owner and she invited me to do an unscheduled inspection at that time.The manure was being stored correctly, in covered barrels, and the paddocks were clean. No odor was noted at the time of inspection. No violation's were noted at the time of inspection either. I mentioned that the neighbor was worried that the riding ring was to close to her well and that the drainage was going into her yard. Both the paddock and ring were dry at the time of inspection. Entered on 9/13/2017 4:31:17 PM On 9/13/17 Mr. Schilling came into the office and wanted an inspection done today of his yard/ well area.Tom McKean, Richard Scali, and myself, all met at the Schillings home.The area was dry, grass was growing, and the ground was not soggy. No odor was noted. Entered on 9/15,12017 2:13:42 PM (Continued) No sand residue, from the riding ring,was noted in the well area either. The paddock and ring were both clean of manure. Measurements were taken. It was 98 feet from the neighbor's well to the edge of the paddock. 52'from the neighbor's well to berm that the Johnson's will be building to hold off any drainage from leaving the property, even though there was no evidence of this at the time of the inspection and the ring topography seems to be a very gradual grade that heads to the back neighbor's property. At this time it was explained again,to Mr. Prada,that the Johnson's were legally permitted and that they were not in any violation. It was also explained by showing Mr. Prada, on his septic plan,that he put his well in the lowest point of his yard and this could effect his well area. bttp://issgl2/InternalWRS/WRequestPn*ntPub.aspx?ID=59042 1/2/2018 Citizen Web Request Page 2 of 2 Entered on 9/20/2017 8:34:07 AM —__ I-did_a_re inspection and a.berm of-large logs and soil built up on.-the sides of the logs.was.in. - — place in the area that was discussed with Maureen Johnson. Entered on 9/20/2017 2:59:36 PM Last modified on 10/26/2017 3:19:24 PM TM and Richard Scali viewed the site on 9/20/17 at 1:00 p. m. and again observed no violations.The new berm is in place 57 to 58 feet away from the neighbor's well,to ensure any rain-off remains contained on their own property.There was no horse manure anywhere on the ground near the complainant' s(neighbor's) property line, nor was there any manure near the bermed riding area. Manure was properly stored in containers on the opposite side of the barn. There were no odors. Entered on 9/22/2017 4:32:00 PM Please see photographs attached showing manure storage area and new berm constructed 9/20/17. Entered on 9/29/2017 4:20:40 PM =Last modified on 10/26/2017 3:19:44 PM -- - - --- -- -- ---------- _. -._ _ ___ Jennifer Schilling came into the Health Office on September 28, 2017 to complain that there is no manure management plan on file, and her private well report showed coliform bacteria.TM and Richard spoke to her and explained there are no violations at the horse stable next door. Coliform bacteria is present everywhere in the environment(i.e birds, dogs, human hands/sample bottle contamination) so we cannot pinpoint the next door horse farm as the cause. there was no E. Coli found in the water sample. Entered on 10/26/2017 3:15:12 PM Last modified on 10/26/2017 3:21:19 PM r TM went to the site on 10/25/2017 at 11:15 a.m. during pouring rain, as requested by Mrs. Schilling. During the site visit,TM did not observe any evidence of rainwater runoff draining from 359 Church Street onto 339 Church Street, nor toward the private water drinking well located at 339 Church Street.TM took several videos and multiple photographs(attached). While accompanied by two Police Officers,TM provided the investigation result information verbally to Mrs. Schilling while onsite that same day. Mrs. Schilling replied that she disagreed.TM then went back to the horse stable to recheck the specific area, at the lowest southerly location of the horse riding area where rainwater was collecting and where Mrs. Schilling pointed to. After careful visual examination,TM again did not observe any rainwater from the horse stable at#359 Church Street draining onto any adjacent parcels.TM then went back to Mrs. Schilling to inform her that TM did not observe any water draining from the horse stable property onto the adjacent parcel nor onto her land. http://issgl2/IntemalVYRS/VYRequestPrintPub.aspx?ID=59042 1/2/2018 Citizen Web Request Page 1 of 2 Citizen Request'Management- Request ID: 59070 Created: 9/11/2017 10:47:46 AM Status: Closed Assigned To: McKenzie, Marybeth Health Office Anonymous: No Category: Chapter 376 : Stables E.C. Date: 9/25/2017 Created By: Sousa,Vanessa Citations: Health Office Time Worked: 6.50 Response Time: 1.00 Request Location: 359 CHURCH STREET West Barnstable, Ma 02668 Parcel Number: Map: 176 Block: 007 Lot: 000 Request: Stable horses 15 feet from Requestor's well. Owner is bringing in fill off/on to put paddocks higher-when it rains,floods corner of Requestor's yard. Request Work History: Entered on 10/26/2017 3:23:20 PM Last modified on 10/26/2017 3:39:36 PM NOTE: INFORMATION BELOW WAS COPIED FROM CRM DATABASE COMPLAINT#59042. Entered on 9/13/2017 10:29:44 AM by McKenzie, Marybeth An unscheduled inspection of the property was done on 8/31/17 by Marybeth McKenzie(M.B.M.) MBM discussed the complaint with the stable owner and she invited MBM to do an unscheduled inspection at that time.The manure was being stored correctly, in covered barrels, and the paddocks were clean. No odor was noted at the time of inspection. No violation's were noted at the time of inspection either. MBM mentioned that the.neighbor was worried that the riding ring was to close to her well and that the drainage was going into her yard. Both the paddock and ring were dry at the time of inspection. -- -----------Entered on 9/13/2017 4:31:17 PM by McKenzie, Marybeth On 9/13/17 Mr. Schilling came into the office and wanted an inspection done today of his yard/well area. Thomas McKean, Richard Scali, and Marybeth McKenzie all met at the Schillings home.The area was dry, grass was growing, and the ground was not soggy. No odor was noted. ----------- Entered on 9/15/2017 2:13:42 PM by McKenzie, Marybeth (Continued) No sand residue,from the riding ring, was noted in the well area either.The paddock and ring were both clean of manure. Measurements were taken. It was 98 feet from the neighbor's well to the edge of the paddock. 52'from the neighbor's well to berm that the Johnson's will be building to hold off any drainage from leaving the property, even though there was no evidence of this at the time of the inspection and the ring topography seems to be a very gradual grade that heads to the back neighbor's property.At this time it was explained again, to Mr. Prada, that the Johnson's were legally permitted and that they were not in h any violation. It was also explained by showing Mr. Prada, on his septic plan, that he put his well in the lowest point of his yard and this could effect his well area. ------------ Entered on 9/20/2017 8:34:07 AM by McKenzie, Marybeth MBM did a re inspection and a berm of large logs and soil built up on the sides of the logs was in place in the area that was discussed with Maureen Johnson. ---- http://issgl2/IntemalWRS/WRequestPrintPub.aspx?ID=59070 1/2/2018 f Citizen Web Request Page 2 of 2 ------ Entered on 9/20/2017 2:59:36 PM by McKean,Thomas Last modified on 10/26/2017 3:19:24 PM TM and Richard Scali viewed the site on 9/20/17 at 1:00 p. m. and again observed no violations. The new berm is in place 57 to 58 feet away from the neighbor's well,to ensure any --- - - - ----rain-off-remains contained on their-own=property.-There was no horse manureanywhere on-.the ground near the complainant' s (neighbor's) property line, nor was there any manure near the bermed riding area. Manure was properly stored in containers on the opposite side of the barn. There were no odors. ---------- Entered on 9/22/2017 4:32:00 PM by McKean,Thomas Please see photographs attached showing manure storage area and new berm constructed 9/20/17. ----------- - Entered on 9/29/2017 4:20:40 PM by McKean,Thomas Last modified on 10/26/2017 3:19:44 PM Jennifer Schilling came into the Health Office on September 28, 2017 to complain that there is no manure management plan on file, and her private well report showed coliform bacteria.TM and Richard spoke to her and explained there are no violations at the horse stable next door. Coliform bacteria is present everywhere in the environment(i.e birds, dogs, human hands/sample bottle contamination)so we cannot pinpoint the next door horse farm as the cause. there was no E. Coli found in the water sample. ----------October 25, 2017 TM went to the site on 10/25/2017 at 11:15 a.m. during pouring rain, as requested by Mrs. Schilling. During the site visit,TM did not observe any evidence of rainwater ruhoff draining from 359 Church Street onto 339 Church Street, nor toward the private water drinking well located at 339 Church Street.TM took several videos and multiple photographs(attached). While accompanied by two Police Officers,TM provided the investigation result information verbally to Mrs. Schilling while onsite that same day. Mrs. Schilling replied that she disagreed.TM then went back to the horse stable to recheck the specific area, at the lowest southerly_location_of the horse_riding_area where rainwater was collecting and where Mrs. Schilling pointed to.After careful visual examination,TM again did not observe any rainwater from the horse stable at#359 Church Street draining onto any adjacent parcels.TM then went back to Mrs. Schilling to inform her that TM did not observe any water draining from the horse stable property onto the adjacent parcel nor onto her land. http://_ssgl2/InternalWRS/WRequestPn'ntPub.aspx?ID=59070 1/2/2018 �tTo,,ti Town of Barnstable Regulatory Services RARNSeABLF- ---_ ------- v, g --- ------ ._ .--=Richard Scali,-Director. ----- -- --- -- --- ----- 1639• Public Health Division Thomas McKean,Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 October 31, 2017 Ms. Jennifer K. Schilling Mr. Todd F. Prada 339 Church Street West Barnstable, MA 02668 RRe:=Response-to=Your-lnquir-ies-.Concerning the Horse Stable Located at.-359=Churcf Street Dear Ms. Schilling and Mr. Prada, This correspondence is in response to inquiries and information requests received from you in regards to rainwater run-off, manure storage, fill placement, and the manure management plan concerning the horse stable located next door to your property. I. Inspections and Site Visits Conducted: On August 31, 2017, an inspection was conducted at the horse stable located at 359 Church Street West Barnstable, by Health Inspector Marybeth McKenzie, R.S. due to a complaint received regarding horse manure odors and rainwater run-off. Ms. McKenzie went to the horse stable, unannounced, and inspected the premises. Her findings were as follows: All manure was properly stored within covered containers. The paddocks were well kept, without any accumulations of horse manure. Both the paddock and ring were dry at the time of inspection. There were no odors detected at 'the time of inspection.' There were no violations observed. On September 13, 2017, Mr. Prada came into the Public Health Division Office and requested an inspection of his yard and private drinking water well area. Mr. Richard Scali, Marybeth McKenzie, and I met at the property that same day Upon our arrival, we observed the grounds were dry, not soggy. There were no odors detected. There was no sand residue originating from adjacent property riding ring area was noted in the area of the private well. The paddock and ring were both well kept, without any accumulations of manure. A measurement was taken from the private water supply well to the closest edge of the paddock; it was 98 feet. Per Section 397-8 of the Town of Barnstable Code, a paddock must be a minimum of fifty (50) feet away from a private water supply well. A second measurement was taken from the private well to the closest edge of the edge of the riding area; it was 52 feet. It should be noted that there are no setback requirements between a horse riding area and a private water supply_well__Althoughit-appeared as though the.topography of the land naturally sloped southerly toward the rear of her property (not toward the westerly property owned by Ms. Schilling), it was recommended to Ms. Johnson that she should construct a berm to prevent rainwater from draining from the horse riding area onto the neighbor's property as a precautionary measure. On September 19, 2017, Health Inspector Marybeth McKenzie conducted a re inspection. A new berm was put into place in the area suggested. It was constructed of large logs and soil. On September 20, 2017 Mr. Richard Scali and I viewed the new berm which was put in place 57 feet away from the neighbor's well, as recommended as a precautionary - ------ - measureWhile-onsite-we-did•not-observe-any-horse_manure_on-the.ground-near_the complainant's property line, nor was there any manure near the bermed riding area. There were no odors detected. Manure was properly stored inside covered plastic containers on the opposite side of the barn, greater than one-hundred feet away from the neighbor's private well. On September 28, 2017, Ms. Jennifer Schilling came into the Public Health Division Office to complain that there is no manure management plan on file and that her private well water analysis report showed coliform bacteria. The water sample was apparently taken by Ms. Schilling. Mr. Richard Scali and I explained to Ms. Schilling that there weren't any health violations observed at the horse stable. E. Coli was not detected in the water sample. Coliform bacteria is present everywhere in the environment, including from dogs, birds, and potentially from human hand contamination of a water sample bottle. Therefore it is not possible to pinpoint the next door horse farm as the cause. On October 25, 2017, Ms. Schilling requested a site inspection at the horse stable during the heavy rain fall. I immediately went to the site at 11:15 a.m. during pouring rain, to observe the rainwater and direction of run-off. During the site visit, I did not observe any evidence of rainwater runoff draining from 359 Church Street onto 339 Church Street, nor toward the private water supply well located,at 339 Church Street. I took several videos and multiple photographs. While accompanied by two Police Officers, I provided my investigation result information verbally to Mrs. Schilling while onsite that same day. Mrs. Schilling replied that she disagreed and pointed to an area at the southern-most portion of the horse stable property, at the lowest area of land, where she believed the rainwater was draining from. She alleged it drained from there onto the vacant parcel of land located behind her fenced property. I then went back to the horse stable to check that specific area at the lowest southerly location of the horse riding area where rainwater was collecting and where Mrs. Schilling pointed to. After careful visual examination, I did not observe any of the rainwater from the horse stable draining onto any adjacent parcels. The water pooled at the lowest spot at the southern-most portion of the riding rink and appeared to seep into the ground there; it did not drain over the surface onto the adjacent property. I also videotaped the areas on a cellular phone. It should be noted that the horse riding area is not within the paddock-area nor within the manure storage area. I-also observed and video-__ recorded the rain draining along the surface of the ground from the back of Ms. Schilling's home heading southerly over the grass to the area of the onsite private water supply well, where I observed a very small puddle. It also traveled beyond the private water supply well approximately ten to twenty feet further to the south toward large puddles of water in the area of the rear property line. The topography of the yard sloped towards the south from the rear of the house toward the well and to the rear property line. The topography of the land does not slope from the rear property line northerly toward the well. While onsite at 339 Church Street, I did not observe any rainwater draining from the rear parcel to the well nor from the easterly property to the well. The rainwater did not drain back in a northerly direction from the rear vacant lot toward Ms. Schillings well. I then walked to Ms. Schilling to inform her that I did not observe any rainwater draining from the southern-most horse riding rink area, that she pointed to, onto the adjacent parcel. — -- - -- - - .II.---- --Regulations_.and_F.indings: A. Section 376-12 of the Town of Barnstable Code requires a minimum setback of fifty (50) feet between a manure storage area and a property line on which the abutting property has a dwelling. Finding #1: The manure storage area at 359 Church Street was greater than fifty (50) abutting property line for 339 Church Street. Therefore there was feet away from the tt , Y 9P P Y no violation observed in this regard. B. Section 376-13 of the Town of Barnstable Code requires a minimum setback of 100 feet between a manure storage area and a private water supply well. Finding #2: The manure storage area at the horse stable located 359 Church Street was greater than 100 feet away from the private water supply well at 339 Church Street. Therefore„ there was no violation observed in this regard. C. Section 376-14 of the Town of Barnstable Code requires a minimum setback of fifty (50) feet between a paddock where horses are pastured and a private water supply well. Finding #3: The,paddock at the horse stable at 359 Church Street was located 98 feet away from the private water supply well at 339 Church Street. Therefore, there was no violation observed in this regard. D. Section 376-15 of the Town of Barnstable Code requires a minimum of fifty (50) feet between a building used for a livery of a horse for the keeping of horses and a private water supply well. Finding #4: The livery/stable building was/is located 98 feet away from the private water supply well at 339 Church Street. Therefore, there was no violation observed in this regard. E. Section 376-7 of the Town of Barnstable Code requires run-off from paddocks and manure storage areas to be retained onsite. Finding #5: Rain run-off from the manure storage area was contained onsite.______ Finding #6: Rain run-off from the paddock*was contained onsite. III, Other Allegations and Findings: A. "Fill was placed onto the riding area without a permit" Finding #7 — According to the Director of Regulatory Services, the Building Commissioner and the Director of Public Health, a permit is not required to place fill onto land which is not within a wetland. It is not likely a violation of any statute or regulation. No further action by Town officials required. B. "A manure management plan was not submitted each year as required" Finding #8: A manure management plan is not required to be submitted each year during each permit renewal process. It is required to be submitted only one time, as part of the initial permit application process the first year. In this case, the applicant for a horse stable permit submitted a horse stable permit application form in 2015 which included a manure management plan. I regret that these were not the responses that you hoped to hear but this may be informative. As you are aware, you may wish to obtain a legal opinion from a private attorney if you choose. If you have any further questions or concerns please feel free to contact me. At this time.l consider this matter to be closed for enforcement purposes. Sincerely, - Thomas A. McKean, RS, CHO`-- Director of Public Health I Crocker, Sharon From: McKean,Thomas -- -- Sent: - -- - — - -Tuesday;December-12;2017=2:30 PM --- _.— --To: Crocker, Sharon Subject: FW: 359 Church Street Sharon Please add this information to the file From: McKenzie, Marybeth Sent: Tuesday, December 12, 2017 1:38 PM To: McKean, Thomas Subject: 359 Church Street Tom, —Just=wanted=to-get-back-to=you=about-th.e=questions=that Ms:Shcill.ing has=asked-you F-First,=whenever l-have-been=on the . property I'have only seen the horses in the paddock behind the barn, not in the riding ring located on the right by the Schilling's property.Second,The Johnsons have conservation on one side, no well and no set back requirements, and the Shcillings on the other. Upon first receiving the long form from the Johnson's I research the Schilllings property to verify the well location,they had had a recent septic installation and the well was noted on the plan and the Johnson's had marked the site plan to show that the Schilling's well was over 50' away. I verified stable requirements while on the Johnson's property in 2015. 1 will put a copy of this email in the Johnson's street file. If you have any other questions just let me know. Mb 1 5 3_5-q CAS Crocker, Sharon From: McKean,Thomas Sent: Tuesday, December 12, 2017 2:30 PM To: Crocker, Sharon Subject: FW: 359 Church Street Sharon Please add this information to the file From: McKenzie, Marybeth Sent: Tuesday, December 12, 2017 1:38 PM To: McKean, Thomas Subject: 359 Church Street Tom, Just wanted to get back to you about the questions that Ms. Shcilling has asked you. First, whenever I have been on the property I have only seen the horses in the paddock behind the barn, not in the riding ring located on the right by the Schilling's property.Second,The Johnsons have conservation on one side, no well and no set back requirements, and the Shcillings on the other. Upon first receiving the long form from the Johnson's I research the Schilllings property to verify the well location,they had had a recent septic installation and the well was noted on the plan and the Johnson's had marked the site plan to show that the Schilling's well was over 50' away. I verified stable requirements while on the Johnson's property in 2015. 1 will put a copy of this email in the Johnson's street file. If you have any other questions just let me know. Mb 1 'il Town of Barnstable Regulatory Services •AMSfABLB. v MASS. g Richard Scali, Director ��f0 MAY `0 Public Health Division Thomas McKean, Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 October 31, 2017 Ms. Jennifer K. Schilling Mr. Todd F. Prada 339 Church Street West Barnstable, MA 02668 Re: Response to Your Inquiries Concerning the Horse Stable Located 6i'359 Church Street Dear Ms. Schilling and Mr. Prada, This correspondence is in response to inquiries and information requests received from you in regards to rainwater run-off, manure storage, fill placement, and the manure management plan concerning the horse stable located next door to your property. I. Inspections and Site Visits Conducted: On August 31, 2017, an inspection was conducted at the horse stable located at 359 Church Street West Barnstable, by Health Inspector Marybeth McKenzie, R.S. due to a complaint received regarding horse manure odors and rainwater run-off. Ms. McKenzie went to the horse stable, unannounced, and inspected the premises. Her findings were as follows: All manure was properly stored within covered containers. The paddocks were well kept, without any accumulations of horse manure. Both the paddock and ring were dry at the time of inspection. There were no odors detected at the time of inspection. There were no violations observed. On September 13, 2017, Mr. Prada came into the Public Health Division Office and requested an inspection of his yard and private drinking water well area. Mr. Richard Scali, Marybeth McKenzie, and I met at the property that same day Upon our arrival, we observed the grounds were dry, not soggy. There were no odors detected. There was no sand residue originating from adjacent property riding ring area was noted in the area of the private well. The paddock and ring were both well kept, without any accumulations of manure. A measurement was taken from the private water supply well to the closest edge of the paddock; it was 98 feet. Per Section 397-8 of the Town of Barnstable Code, a paddock must be a minimum of fifty (50) feet away from a private water supply well. A second measurement was taken from the private well to the closest edge of the edge of the riding area; it was 52 feet. It should be noted that there are no setback requirements between a horse riding area and a private water supply well. Although it appeared as though the topography of the land naturally sloped southerly toward the rear of her property (not toward the westerly property owned by Ms. Schilling), it was recommended to Ms. Johnson that she should construct a berm .to prevent rainwater from draining from the horse riding area onto the neighbor's property as a precautionary measure. On September 19, 2017, Health Inspector Marybeth McKenzie conducted a re inspection. A new berm was put into place in the area suggested. It was constructed of large logs and soil. On September 20, 2017 Mr. Richard Scali and I viewed the new berm which was put in place 57 feet away from the neighbor's well, as recommended as a precautionary measure. While onsite we did not observe any horse manure on the ground near the complainant's property line, nor was there any manure near the bermed riding area. There were no odors detected. Manure was properly stored inside covered plastic containers on the opposite side of the barn, greater than one-hundred feet away from the neighbor's private well. On September 28, 2017, Ms. Jennifer Schilling came into the Public Health Division Office to complain that there is no manure management plan on file and that her private well water analysis report showed coliform bacteria. The water sample was apparently taken by Ms. Schilling. Mr. Richard Scali and I explained to Ms. Schilling that there weren't any health violations observed at the horse stable. E. Coli was not detected in the water sample. Coliform bacteria is present everywhere in the environment, including from dogs, birds, and potentially from human hand contamination of a water sample bottle. Therefore it is not possible to pinpoint the next door horse farm as the cause. On October 25, 2017, Ms. Schilling requested a site inspection at the horse stable during the heavy rain fall. I immediately went to the site at 11:15 a.m. during pouring rain, to observe the rainwater and direction of run-off. During the site visit, I did not observe any evidence of rainwater runoff draining from 359 Church Street onto 339 Church Street, nor toward the private water supply well located at 339 Church Street. I took several videos and multiple photographs. While accompanied by two Police Officers, I provided my investigation result information verbally to Mrs. Schilling while onsite that same day. Mrs. Schilling replied that she disagreed and pointed to an area at the southern-most portion of the horse stable property, at the lowest area of land, where she believed the rainwater was draining from. She alleged it drained from there onto the vacant parcel of land located behind her fenced property. I then went back to the horse stable to check that specific area at the lowest southerly location of the horse riding area where rainwater was collecting and where Mrs. Schilling pointed to. After careful visual examination, I did not observe any of the rainwater from the horse stable draining onto any adjacent parcels. The water pooled at the lowest spot at the southern-most portion of the riding rink and appeared to seep into the ground there; it did not drain over the surface onto the adjacent property. I also videotaped the areas 1 on a cellular phone. It should be noted that the horse riding area is not within the paddock area nor within the manure storage area. I also observed and video- recorded the rain draining along the surface of the ground from the back of Ms. Schilling's home heading southerly over the grass to the area of the onsite private water supply well, where I observed a very small puddle. It also traveled beyond the private water supply well approximately ten to twenty feet further to the south toward large puddles of water in the area of the rear property line. The topography of the yard sloped towards the south from the rear of the house toward the well and.to the rear property line. The topography of the land does not slope from the rear property line northerly toward the well. While onsite at 339 Church Street, I did not observe any rainwater draining from the rear parcel to the well nor from the easterly property to the well. The rainwater did not drain back in a northerly direction from the rear vacant lot toward Ms. Schillings well. I then walked to Ms. Schilling to inform her that I did not observe any rainwater draining from the southern-most horse riding rink area, that she pointed to, onto the adjacent parcel. II. Regulations and Findings: A. Section 376-12 of the Town of Barnstable Code requires a minimum setback of fifty (50) feet between a manure storage area and a property line on which the abutting property has a dwelling. Finding #1: The manure storage area at 359 Church Street was greater than fifty (50) feet away from the abutting property line for 339 Church Street. Therefore, there was no violation observed in this regard. B. Section 376-13 of the Town of Barnstable Code requires a minimum setback of 100 feet between a manure storage area and a private water supply well. Finding #2: The manure storage area at the horse stable located 359 Church Street was greater than 100 feet away from the private water supply well at 339 Church Street. Therefore, there was no violation observed in this regard. C. Section 376-14 of the Town of Barnstable Code requires a minimum setback of fifty (50) feet between a paddock where horses are pastured and a private water supply well. Finding #3: The paddock at the horse stable at 359 Church Street was located 98 feet away from the private water supply well at 339 Church Street. Therefore, there was no violation observed in this regard. D. Section 376-15 of the Town of Barnstable Code requires a minimum of fifty (50) feet between a building used for a livery of a horse for the keeping of horses and a private water supply well. Finding #4: The livery/stable building was/is located 98 feet away from the private water supply well at 339 Church Street. Therefore, there was no violation observed in this regard. E. Section 376-7 of the Town of Barnstable Code requires run-off from paddocks and manure storage areas to be retained onsite. Finding #5: Rain run-off from the manure storage area was contained onsite. Finding #6: Rain run-off from the paddock was contained onsite. III. Other Allegations and Findings: A. "Fill was placed onto the riding area without a permit" Finding #7 — According to the Director of Regulatory Services, the Building Commissioner and the Director of Public Health, a permit is not required to place fill onto land which is not within a wetland. It is not likely a violation of any statute or regulation. No further action by Town officials required. B. "A manure management plan was not submitted each year as required" Finding #8: A manure management plan is not required to be submitted each year during each permit renewal process. It is required to be submitted only one time, as part of the initial permit application process the first year. In this case, the applicant for a horse stable permit submitted a horse stable permit application form in 2015 which included a manure management plan. I regret that these were not the responses that you hoped to hear but this may be informative. As you are aware, you may wish to obtain a legal opinion from a private attorney if you choose. If you have any further questions or concerns please feel free to contact me. At this time.l consider this matter to be closed for enforcement purposes. Sincerely, I .� n LRS, Tho.mas A. McKea CHO--,. Director of Public Health i Citizen Web Request Page 1 of 2 7 T 7 7 77 - Citizen Request Management Request ID: 59042 Created: 8/28/2017 9:11:44 AM Status: Closed Assigned To: McKenzie, Marybeth \ Health Office Anonymous: No Category: Chapter 376 : Stables E.C. Date: 9/11/2017 Created By: Sousa, Vanessa Citations: a Health Office Time Worked: 9.50 Response Time: 10.00 t Request Location: 359 CHURCH STREET West Barnstable, Ma 02668 Parcel Number: Map: 176 Block: 007 Lot: 000 Request: Requestor reporting owner is not disposing horse manure. Says there is a bad smell coming from yard. Request Work History: Entered on 9/13/2017 10:29:44 AM An unscheduled inspection of the property was done on 8/31/17. I discussed the complaint with the stable owner and she invited me to do an unscheduled inspection at that time. The manure was being stored correctly, in covered barrels, and the paddocks were clean. No odor was noted at the time of inspection. No violation's were noted at the time of inspection either. I mentioned that the neighbor was worried that the riding ring was to close to her well and that the drainage was going into her yard. Both the paddock and ring were dry at the time of inspection. Entered on 9/13,12017 4:31:17 PM On 9/13/17 Mr. Schilling came into the office and wanted an inspection done today of his yard/ well area.Tom McKean, Richard Scali, and myself, all met at the Schillings home. The area was dry, grass was growing, and the ground was not soggy. No odor was noted. Entered on 9/15/2017 2:13:42 PM (Continued) No sand residue, from the riding ring, was noted in the well area either.The paddock and ring were both clean of manure. Measurements were taken. It was 98 feet from the neighbor's well to the edge of the paddock. 52' from the neighbor's well to berm that the Johnson's will be building to hold off any drainage from leaving the property, even though there was no evidence of this at the time of the inspection and the ring topography seems to be a very gradual grade that heads to the back neighbor's property. At this time it was explained again, to Mr. Prada, that the Johnson's were legally permitted and that they were not in any violation. It was also explained by showing Mr. Prada, on his septic plan, that he put his well in the lowest point of his yard and this could effect his well area. http://issgl2/IntemalWRS/WRequestPrintPub.aspx?ID=59042 1/2/2018 Citizen Web Request Page 2 of 2 Entered on 9/20/2017 8:34:07 AM I did a re inspection and a berm of large logs and soil built up on the sides of the logs was in place in the area that was discussed with Maureen Johnson. Entered on 9/20/2017 2:59:36 PM Last modified on 10/26/2017 3:19:24 PM TM and Richard Scali viewed the site on 9/20/17 at 1:00 p. m. and again observed no violations.The new berm is in place 57 to 58 feet away from the neighbor's well,to ensure any rain-off remains contained on their own property. There was no horse manure anywhere on the ground near the complainant' s(neighbor's) property line, nor was there any manure near the bermed riding area. Manure was properly stored in containers on the opposite side of the barn. There were no odors. Entered on 9/22/2017 4:32:00 PM Please see photographs attached showing manure storage area and new berm constructed 9/20/17. Entered on 9/29/2017 4:20:40 PM Last modified on 10/26/2017 3:19:44 PM Jennifer Schilling came into the Health Office on September 28, 2017 to complain that there is no manure management plan on file, and her private well report showed coliform bacteria.TM and Richard spoke to her and explained there are no violations at the horse stable next door. Coliform bacteria is present everywhere in the environment(i.e birds, dogs, human hands/sample bottle contamination) so we cannot pinpoint the next door horse farm as the cause. there was no E. Coli found in the water sample. Entered on 10/26/2017 3:15:12 PM Last modified on 10/26/2017 3:21:19 PM TM went to the site on 10/25/2017 at 11:15 a.m. during pouring rain, as requested by Mrs. Schilling. During the site visit, TM did not observe any evidence of rainwater runoff draining from 359 Church Street onto 339 Church Street, nor toward the private water drinking well located at 339 Church Street. TM took several videos and multiple photographs (attached). While accompanied by two Police Officers, TM provided the investigation result information verbally to Mrs. Schilling while onsite that same day. Mrs. Schilling replied that she disagreed. TM then went back to the horse stable to recheck the specific area, at the lowest southerly location of the horse riding area where rainwater was collecting and where Mrs. Schilling pointed to. After careful visual examination,TM again did not observe any rainwater from the horse stable at #359 Church Street draining onto any adjacent parcels. TM then went back to Mrs. Schilling to inform her that TM did not observe any water draining from the horse stable property onto the adjacent parcel nor onto her land. http://issgl2/IntemalWRS/WRequestPrintPub.aspx?ID=59042 1/2/2018 Citizen Web Request 4, Page 1 of 2 Citizen Request Management { Request ID: 59070 Created: 9/11/2017 10:47:46 AM Status: Closed Assigned To: McKenzie, Marybeth Health Office Anonymous: No Category: Chapter 376 : Stables E.C. Date: 9/25/2017 Created By: Sousa,Vanessa Citations: Health Office i Time Worked: 6.50 Response Time: 1.00 Request Location: 359 CHURCH STREET West Barnstable, Ma 02668 Parcel Number: Map: 176 Block: 007 Lot: 000 Request: Stable horses 15 feet from Requestor's well. Owner is bringing in fill off/on to put paddocks higher-when it rains, floods corner of Requestor's yard. Request Work History: Entered on 10/26/2017 3:23:20 PM Last modified on 10/26/2017 3:39:36 PM NOTE: INFORMATION BELOW WAS COPIED FROM CRM DATABASE COMPLAINT#59042. Entered on 9/13/2017 10:29:44 AM by McKenzie, Marybeth An unscheduled inspection of the property was done on 8/31/17 by Marybeth McKenzie(M.B.M.) MBM discussed the complaint with the stable owner and she invited MBM to do an unscheduled inspection at that time. The manure was being stored correctly, in covered barrels, and the paddocks were clean. No odor was noted at the time of inspection. No violation's were noted at the time of inspection either. MBM mentioned that the neighbor was worried that the riding ring was to close to her well and that the drainage was going into her yard. Both the paddock and ring were dry at the time of inspection. -- ----------- Entered on 9/13/2017 4:31:17 PM by McKenzie, Marybeth On 9/13/17 Mr. Schilling came into the office and wanted an inspection done today of his yard/well area. Thomas McKean, Richard Scali, and Marybeth McKenzie all met at the Schillings home. The area was dry, grass was growing, and the ground was not soggy. No odor was noted. ----------- Entered on 9/15/2017 2:13:42 PM by McKenzie, Marybeth (Continued) No sand residue, from the riding ring, was noted in the well area either. The paddock and ring were both clean of manure. Measurements were taken. It was 98 feet from the neighbor's well to the edge of the paddock. 52'from the neighbor's well to berm that the Johnson's will be building to hold off any drainage from leaving the property, even though there was no evidence of this at the time of the inspection and the ring topography seems to be a very gradual grade that heads to the back neighbor's property. At this time it was explained again, to Mr. Prada, that the Johnson's were legally permitted and that they were not in any violation. It was also explained by showing Mr. Prada, on his septic plan, that he put his well in the lowest point of his yard and this could effect his well area. ------------ Entered on 9/20/2017 8:34:07 AM by McKenzie, Marybeth MBM did a re inspection and a berm of large logs and soil built up on the sides of the logs was in place in the area that was discussed with Maureen Johnson. ---- http://issgl2/IntemalWRS/WRequestPrintPub.aspx?ID=59070 1/2/2018 Citizen Web Request Page 2 of 2 ------- Entered on 9/20/2017 2:59:36 PM by McKean,Thomas Last modified on 10/26/2017 3:19:24 PM TM and Richard Scali viewed the site on 9/20/17 at 1:00 p. m. and again observed no violations. The new berm is in place 57 to 58 feet away from the neighbor's well, to ensure any rain-off remains contained on their own property. There was no horse manure anywhere on the ground near the complainant's (neighbor's) property line, nor was there any manure near the bermed riding area. Manure was properly stored in containers on the opposite side of the barn. There were no odors. ---------- Entered on 9/22/2017 4:32:00 PM by McKean, Thomas Please see photographs attached showing manure storage area and new berm constructed 9/20/17. ----------- - Entered on 9/4-9/2017 4:20:40 PM by McKean,Thomas Last modified on 10/26/2017 3:19:44 PM Jennifer Schilling came into the Health Office on September 28, 2017 to complain that there is no manure management plan on file, and her private well report showed coliform bacteria. TM and Richard spoke to her and explained there are no violations at the horse stable next door. Coliform bacteria is present everywhere in the environment(i.e birds, dogs, human hands/sample bottle contamination) so we cannot pinpoint the next door horse farm as the cause. there was no E. Coli found in the water sample. ----------October 25, 2017 TM went to the site on 10/25/2017 at 11:15 a.m. during pou-ing rain, as requested by Mrs. Schilling. During the site visit, TM did not observe any evidence of rainwater runoff draining from 359 Church Street onto 339 Church Street, nor toward the private water drinking well located at 339 Church Street. TM took several videos and multiple photographs(attached). While accompanied by two Police Officers, TM provided the investigation result information verbally to Mrs. Schilling while onsite that same day. Mrs. Schilling replied that she disagreed. TM then went back to the horse stable to recheck the specific area, at the lowest southerly location of the horse riding area where rainwater was collecting and where Mrs. Schilling pointed to. After careful visual examination,TM again did not observe any rainwater from the horse stable at#359 Church Street draining onto any adjacent parcels. TM then went back to Mrs. Schilling to inform her that TM did not observe any water draining from the horse stable property onto the adjacent parcel nor onto her land. http://issgl2/IntemalWRS/WRequestPrintPub.aspx?ID=59070 1/2/2018 6y I 4/24/18 COPIES REQUESTED FOR COURT TH 4/26/18 REQUESTED FOR MRS. JOHNSON (By her mother-Mrs. Gavins) Attached copies were made. Marybeth will finish inserting notes today on complaint# 59423 4/17/18 and send to her. -S.Crocker Attached: Foia Database request# 2018-0115 1/2/18 CMR # 59423 4/17/18 std. CMR# 59070 9/11/17 std. CMR# 59042 8/28/17 std. CMR# 51330 12/16/14 internal Email Mbm > Tm 12/12/17 Letter to Schilling/Prada 10/31/17 Water Results of Well at 339 Church 3 pgs Dtd 11/30/09 Water Results of Well at 339 Church 1 pg Dtd 9/25/17 Two Complaints made of neighbor at 311 Church: CMR# 45986 6/07/13 std. CMR# 36063 11/01/11 std. Q:\Legal\RECORDS REQUESTS\RECORDS REQUEST-Ct Case Stable 359 Church St Apr20l8.docx copuo (� s tie b, /, Flynn, Judith From: McKean,Thomas Sent: Tuesday,January 02, 201810:34 AM To: Flynn,Judith Cc: Crocker, Sharon Subject: 1) 311 Church Street,West Barnstable. 2) 339 Church Street,West Barnstable. 3) 359 Church Street,West Barnstable./ Request#2018-0115 : New Request Received Judith. Please retrieve the hazmat and septic files for these locations, scan them into the computer,then e-mail the scanned documents to me this week. --------------------------------------- --------------------- ---------------- Request Detail: Board of Health/Health Division records for three (3) properties: 1) 311 Church Street, West Barnstable. 2) 339 Church Street, West Barnstable. 3) 359 Church Street, West Barnstable. From: admin=barnstable.foiadirect.gov townforms.com [mailto•admin=Barnstable foiadirect aov townforms.com] On Behalf Of admin(cbarnstable.foiadirect.gov_ Sent:Tuesday, January 02, 2018 10:27 AM To: McKean,Thomas Cc: Quirk, Ann Subject: [ Probable SPAM ] Request# 2018-0115 : New Request Received Barnstable,MA Public Record Request Number:2018-0115 311 church St/339 church St and 359 church St mailed 1/9/2018 Requester: Todd Everson i Request Date: Tuesday, January 02,201810:26:01 AM Response Due Date:Tuesday,January 16,2018 Request Detail: Board of Health/Health Division records for three (3)properties. 1) 311 Church Street,West Barnstable. 2) 3.39 Church Street, West Barnstable. 3) 359 Church Street,West Barnstable. Hi Thomas McKean : We just have received a new Public Records Request. The request details are shown above. By design you are receiving this request first.Please evaluate and assign to the proper department and personnel in order to start working on the response. Please click the following link to arrive at your log in screen. 1 . 4/24120/8 Citizen Web Request will THE '� bt445. J 1 Citizen Request Management Request ID: 59423 Created: 4/17/2018 8:59:01 AM Status: Assigned To Staff Assigned To: McKenzie, Marybeth Health Office Anonymous: No Category: General E.C. Date: 5/1/2018 Created By: Sousa, Vanessa Citations: r Health Office Time Worked: 1.00 Response Time: 4.00 Request Location: 359 CHURCH STREET West Barnstable, Ma 02668 Parcel Number: Map: 176 Block: 007 Lot: 000 Request: Complaint reported to Town Councilor Phil Wallace. Reporting rats at property. Request Work History: Entered on 4/18/2018 8:10:09 AM Mr. Wallace called and reporte&that one of his constituents reported a complaint to him. He said that Jen Schilling complained about rats coming from her neighbors property with the stable. I asked if it was the Johnson's property she was referring to and he said yes. Mr. Lawrence said that he has to report complaints from constituents. I went out to the Johnson's property, no one was home, so I left a card for them to call me. Entered on 4/18/2018 4:29:57 PM Last modified on 4/19/2018 8:46:05 AM Ms. Johnson called me this morning and I explained the complaint. She said that she does not have any rats or has not seen any evidence of them.either. she felt that they would be aware of rats because they have small children that play in the yard so rats would not be a condition that they would not notice. Ms. Johnson said that she would not mind me coming to the property and that I would be welcome anytime on the property to check on things, if necessary, but to please call her cell phone because the property is under surveillance. She would request that if anyone needs to go on her property to just call her cell and notify her first. Ms. Johnson said that if I do come to the property that she may call the police, to be on site while I inspect because she feels ` that Ms. Schilling is violating her court order. I emailed Tom McKean to make sure it was OK to go and he said to go and investigate the complaint. I went over to the property at approximately 2:15. There was no evidence, that I could see, of rats being onsite. The ground was undisturbed, by either rats or recent digging. No tunneling was noted. I surveyed the areas around the coop, stable, paddock, and riding ring. The manure was in covered bins, no excess was noted on the http://issgl2/lnterra]WRS/WRequestPrintPub.aspx?ID=59423 112 r- '4/24/20'18 Citizen Web Request ground, and the areas surveyed were clean of manure too. Grain was stored properly, in covered bins in the barn. The coop area was clean and the coop itself is raised; no tunneling or holes were noted in this area either. Feed was in a container, not scattered on the ground and water was in a small dispensing type container. Ms. Johnson stated that they do not throw food on the ground and the feed and water are picked up at night so pests are not attracted to the coop. Tree debris was noted in piles along the perimeter on the left side of the property due to storm damage and some clearing states Ms. Johnson. I did not notice holes, tunneling, or disturbed soil from digging in these areas either. Ms. Johnson stated that they are working on clearing the debris. http://issgl2/lnternalWRS/WRequestPrintPub..aspx?ID=59423 2/2 Citizen Web Request Page 1 of 2 °''v"w—} .,.b.+'�''�, .Fn��`.r�a�+:.�,�t'Y�--•'-..!.u'=.`5tr� �1w�--r .aws� � `a' ti�'£�� -�.Y"'�i�;�- `g '.. kT,^ $i Citizen Request Management Nfl Request ID: 59070 Created: 9/11/2017 10:47:46 AM r r� Status: Closed Assigned To: McKenzie, Marybeth { Health Office Anonymous: No Category: Chapter 376 : Stables Y 9 rY� P E.C. Date: 9/25/2017 Created By: Sousa, Vanessa Citations: , Health Office 01 Time Worked: 6.50 Response Time: 1.00 F� ti t Lo cation: i 359 CHURCH STREET ,,' West Barnstable, Ma 02668 as Parcel Number: Map: 176 Block: 007 Lot: 000 r Request: Stable horses 15 feet from Requestor's well. Owner is bringing in fill off/on to put paddocks higher- when it rains, floods corner of Requestor's yard. Request Work History: Entered on 10/26/2017 3:23:20 PM Last modified on 10/26/2017 3:39:36 PM NOTE: INFORMATION BELOW WAS COPIED FROM CRM DATABASE COMPLAINT#59042. Entered on 9/13/2017 10:29:44 AM by McKenzie, Marybeth An unscheduled inspection of the property was done on 8/31/17 by Marybeth McKenzie (M.B.M.) MBM discussed the complaint with the stable owner and she invited MBM to do an unscheduled inspection at that time.The manure was being stored correctly, in covered barrels, and the paddocks were clean. No odor was noted at the time of inspection. No violation's were noted at the time of inspection either. MBM mentioned that the neighbor was worried that the riding ring was to close to her well and that the drainage was going into her yard. Both the paddock and ring were dry at the time of inspection. -- ----------- Entered on 9/13/2017 4:31:17 PM by McKenzie, Marybeth On 9/13/17 Mr. Schilling came into the office and wanted an inspection done today of his yard/well area. Thomas McKean, Richard Scali, and Marybeth McKenzie all met at the Schillings home. The area was dry, grass was growing, and the ground was not soggy. No odor was noted. ----------- Entered on 9/15/2017 2:13:42 PM by McKenzie, Marybeth (Continued) No sand residue,from the riding ring, was noted in the well area either. The paddock and ring were both clean of manure. Measurements were taken. It was 98 feet from the neighbor's well to the edge of the paddock. 52'from the neighbor's well to berm that the Johnson's will be building to hold off any drainage from leaving the property, even though there was no evidence of this at the time of the inspection and the ring topography seems to be a very gradual grade that heads to the back neighbor's property. At this time it was explained again, to Mr. Prada, that the Johnson's were legally permitted and that they were not in any violation. It was also explained by showing Mr. Prada, on his septic plan, that he put his well in the lowest point of his yard and this could effect his well area. ------------ Entered on 9/20/2017 ! 8:34:07 AM by McKenzie, Marybeth MBM did a re inspection and a berm of large logs and soil built up on the sides of the logs was in place in the area that was discussed with Maureen Johnson. ---- t Citi7,en Web Request Page 2 of 2 ------- Entered on 9/20/2017 2:59:36 PM by McKean, Thomas Last modified on 10/26/2017 I 3:19:24 PM TM and Richard Scali viewed the site on 9/20/17 at 1:00 p. m. and again observed no violations. The new berm is in place 57 to 58 feet away from the neighbor's well, to ensure any rain-off remains contained on their own property.There was no horse manure anywhere on the ground near the complainant's(neighbor's) property line, nor was there any manure near the berm ed riding area. Manure was properly stored in containers on the opposite side of the barn. There were no odors. ---------- Entered on 9/22/2017 4:32:00 PM by McKean,Thomas Please see photographs attached showing manure storage area and new berm constructed 9/20/17. ----------- - Entered on 9/29/2017 4:20:40 PM by McKean, Thomas Last modified on 10/26/2017 3:19:44 PM Jennifer Schilling came into the Health Office on September 28, 2017 to complain that there is no manure management plan on file, and her private well report showed coliform bacteria. TM and Richard spoke to her and explained there are no violations at the horse stable next door. Coliform bacteria is present everywhere in the environment(i.e birds, dogs, human hands/sample bottle contamination) so we cannot pinpoint the next door horse farm as the cause. there was no E. Coli found in the water sample. ----------October 25, 2017 TM went to the site on 10/25/2017 at 11:15 . a.m. during pouring rain, as requested by Mrs. Schilling. During the site visit, TM did not observe any evidence of rainwater runoff draining from 359 Church Street onto 339 Church Street, nor toward the private water drinking well located at 339 Church Street. TM took several videos and j multiple photographs (attached). While accompanied by two Police Officers, TM provided the investigation result information verbally to Mrs. Schilling while onsite that same day. Mrs. Schilling replied that she disagreed.TM then went back to the horse stable to recheck the specific area, at the lowest southerly location of the horse riding area where rainwater was collecting and where Mrs. Schilling pointed to.After careful visual examination,TM again did not observe any rainwater from the horse stable at#359 Church Street draining onto any adjacent parcels.TM then went - back to Mrs. Schilling to inform her that TM did not observe any water draining from the horse stable property onto the adjacent parcel nor onto her land. T '7. !?/� i,;--,,•, ,vonl )/ �t�aa �i��/�1 /A/✓'F�,PmiP.GTPaa��tPi+,� 9.. :'�M=>"�?()1 1,_r_0l8 Citizen Web Request Page I of 2 fr'} ti.N:�s 4.. .fit,,. •..�""r` �#'y'E...� �:'.'., .`-C #' ?`.«. �'$'"�^r '".;'ag'F3 :.r �"'�`'�^� r�L -`C.Fi' � ra1 � F« � ..y5.�:.,•a>., i.� _.�.,,<.. -- `d`sr±c._v..�: 1<A.�k.>..T t'�A'. .� � � '-'� i �.� "^le- r^ 1 t =K. Citizen Request Management ww Request ID: 59042 Created: 8/28/2017 9:11:44 AM Status: Closed Assigned To: McKenzie, Marybeth Health Office b� Anonymous: No Category: Chapter 376 : Stables E.C. Date: 9/11/2017 I Created By: Sousa,Vanessa Citations: Health Office Time Worked: 9.50 Response Time: 10.00 RT Request Location: iNN 359 CHURCH STREET West Barnstable, Ma 02668 brs_-'.f iAA tg Parcel Number: Map: 176 Block: 007 Lot: 000 y Request: Requestor reporting owner,is not disposing horse manure. Says there is a bad smell coming from yard. l Request Work History: Entered on 9/13/2017 10:29:44 AM An unscheduled inspection of the property was done on 8/31/17. I discussed the complaint with the stable owner and she invited me to do an unscheduled inspection at that time.The manure was being stored correctly, in covered barrels, and the paddocks were clean. No odor was noted at the time of inspection. No violation's were noted at the time of inspection either. I mentioned that the neighbor was worried that the riding ring was to close to her well and that the drainage was going into her yard. Both the paddock and ring were dry at the time of inspection. Entered on 9/13/2017 4:31:17 PM On 9/13/17 Mr. Schilling came into the office and wanted an inspection done today of his yard/ well area.Tom McKean, Richard Scali, and myself,all met at the Schillings home. The area was dry, grass was growing, and the ground was not soggy. No odor was noted. Entered on 9/15/2017 2:13:42 PM (Continued) No sand residue, from the riding ring, was noted in the well area either. The paddock and ring were both clean of manure. Measurements were taken. It was 98 feet from the neighbor's well to the edge of the paddock. 52'from the neighbor's well to berm that the I Johnson's will be building to hold off any drainage from leaving the property, even though there was no evidence of this at the time of the inspection and the ring topography seems to be a very i I gradual grade that heads to the back neighbor's property. At this time it was explained again, to Mr. Prada, that the Johnson's were legally permitted and that they were not in any violation. It was also explained by showing Mr. Prada, on his septic plan,that he put his well in the lowest ; point of his yard and this could effect his well area. L+;.._.ll4'--1'?/1-4-,--.,71;NFD' QMIT) Citizen Web Request Page 2 of 2 Entered on 9/20/2017 8:34:07 AM I did a re inspection and a berm of large logs and soil built up on the sides of the logs was in place in the area that was discussed with Maureen Johnson. Entered on 9/20/2017 2:59:36 PM Last modified on 10/26/2017 3:19:24 PM TM and Richard Scali viewed the site on 9/20/17 at 1:00 p. m. and again observed no violations.The new berm is in place 57 to 58 feet away from the neighbor's well, to ensure any rain-off remains contained on their own property.There was no horse manure anywhere on the ground near the complainant's(neighbor's) property line, nor was there any manure near the bermed riding area. Manure was properly stored in containers on the opposite side of the barn. There were no odors. Entered on 9/22/2017 4:32:00 PM Please see photographs attached showing manure storage area and new berm constructed 9/20/17. Entered on 9/29/2017 4:20:40 PM Last modified on 10/26/2017 3:19:44 PM Jennifer Schilling came into the Health Office on September 28, 2017 to complain that there is no manure management plan on file, and her private well report showed coliform bacteria.TM and Richard spoke to her and explained there are no violations at the horse stable next door. Coliform bacteria is present everywhere in the environment(i.e birds, dogs, human hands/sample bottle contamination)so we cannot pinpoint the next door horse farm as the cause. there was no E. Coli found in the water sample. Entered on 10/26/2017 3:15:12 PM Last modified on 10/26/2017 3:21:19 PM TM went to the site on 10/25/2017 at 11:15 a.m. during pouring rain, as requested by Mrs. Schilling. During the site visit,TM did not observe any evidence of rainwater runoff draining.from 359 Church Street onto 339 Church Street, nor toward the private water drinking well located at 339 Church Street. TM took several videos and multiple photographs (attached). While accompanied by two Police Officers,TM provided the investigation result information verbally to Mrs. Schilling while onsite that same day. Mrs. Schilling replied that she disagreed.TM then went back to the horse stable to recheck the specific area, at the lowest southerly location of the horse riding area where rainwater was collecting and where Mrs. Schilling pointed to. After careful visual examination,TM again did not observe any rainwater from the horse stable at#359 Church Street draining onto any adjacent parcels. TM then went back to Mrs. Schilling to inform her that TM did not observe any water draining from the horse stable property onto the adjacent parcel nor onto her land. Q/S;STD 1/11001 n 4/24/201E; Citizen Web Request Citizen Request Management . Request ID: 51330 Created: 12/16/2014 12:00:56 PM Status: Closed Assigned To: McKenzie, Marybeth Health Office Anonymous: Yes Category: Chapter 376 : Stables E.C. Date: 1/2/2015 Created By: Parvin, Lindsay Citations: BuildingDept Time Worked: 1.50 Response Time: 12.00 Request Location: 359 CHURCH STREET West Barnstable, Ma 02668 Parcel Number: Map: 176 Block: 007 Lot: 000 Request: Requestor reports that the owners keep three horses on the property and they do not dispose of the manure in a timely manner. Requestor reports seeing several large rats in the area. Request Work History: Entered on 1/7/2015 8:38:11 AM I went to the property to meet with the owner on 1-6-15 with Charlie Lewis, animal control officer, due to animal and rat complaints. This was an unscheduled appointment and the facility was clean and organized. Manure was not noted in the paddock areas and the stalls wood shavings were fairly clean. The fencing was a mix of wood and electrical. Water was available for the animals. They have 4 chickens as well as the 3 horses. Hay was dry and grain was in a covered bucket. The manure was on a tarp, which is not allowed, and will now be stored in covered buckets until a compost area is built. No rats were noted or evidence of rats: tunneling, holes in ground, or excrement was noted by myself or Charlie Lewis. The Johnson's are in process of becoming permitted at this time I http://issgl2/lnternalWRSMRequestPrintPub.aspx?ID=51330 1/1 Crocker, Sharon sfin� e From: McKean, Thomas Sent: Tuesday, December 12, 2017 2:30 PM To: Crocker, Sharon Subject: FW: 359 Church Street Sharon Plea-se add this information to the file From: iMcKenzie, Marybeth Sent: Tuesday, December 12, 2017 1:38 PM To: McKean, Thomas Subject: 359 Church Street Tom, Just wanted to get back to you about the questions that Ms. Shcilling has asked you. First,whenever I have been on the property I have only seen the horses in the paddock behind the barn, not in the riding ring located on the right by the Schilling's property.Second,The Johnsons have conservation on one side, no well and no set back requirements, and the Shcillings on the other. Upon first receiving the long form from the Johnson's I research the Schilllings property to verify the we'll location,they had had a recent septic installation and the well was noted on the plan and the Johnson's had marked the site plan to show that the Schilling's well was over 50' away. I verified stable requirements while on the Johnson's property in 2015. 1 will put a copy of this email in the Johnson's street file. If you have any other questions just let me know. Mb 1 yofIKE Teti 'Towvn of Barnstable �v Regulatory Services ASS.ABLE, ' Richard Scali Director 7pjFD MAC A�0 Public Health Division Thomas McKean,Director 200 Main Street, Hyannis,MA 02601 Office: 508-862-4644 Fax: 508-790-6304 October 31, 2017 Ms. Jennifer K. Schilling Mr. Todd F. Prada 339 Church Street West Barnstable, MA 02668 Re: Response to Your Inquiries Concerning the Horse Stable Located at 359 Church Street Dear Ms. Schilling and Mr. Prada, This correspondence is in response to inquiries and information requests received from you in regards to rainwater run-off, manure storage, fill placement, and the manure management plan concerning the horse stable located next door to your property. I. Inspections and Site Visits Conducted: On August 31, 2017, an inspection was conducted at the horse stable located at 359 Church Street West Barnstable, by Health Inspector Marybeth McKenzie, R.S. due to a complaint received regarding horse manure odors and rainwater run-off. Ms. McKenzie went to the horse stable, unannounced, and inspected the premises. Her findings were as follows: All manure was properly stored within covered containers. The paddocks were well kept, without any accumulations of horse manure. Both the paddock and ring were dry at the time of inspection. There were no odors detected at the time of inspection. There were no violations observed. On September 13, 2017, Mr. Prada came into the Public Health Division Office and requested an inspection of his yard and private drinking water well area. Mr. Richard Scali, Marybeth McKenzie, and I met at the property that same day Upon our arrival, we observed the grounds were dry, not soggy. There were no odors detected. There was no sand residue originating from adjacent property riding ring area was noted in the area of the private well. The paddock and ring were both well kept, without any accumulations of manure. A measurement was taken from the private water supply well to the closest edge of the paddock; it was 98 feet. Per Section 397-8 of the Town of Barnstable Code, a paddock must be a minimum of fifty (50)feet away from a private water supply well. A second measurement was taken from the private well to the closest edge of the edge of the riding area; it was 52 feet. It should be noted that there are no setback requirements between a horse riding area and a private water supply well. Although it appeared as though the topography of the land naturally sloped southerly toward the rear of her property (not toward the westerly property owned by Ms. Schilling), it was recommended to Ms. Johnson that she should construct a berm .to prevent rainwater from draining from the horse riding area onto the neighbor's property as a precautionary measure. On September 19, 2017, Health Inspector Marybeth McKenzie conducted a re inspection. A new berm was put into place in the area suggested. It was constructed of large logs and soil. On September 20, 2017 Mr. Richard Scali and I viewed the new berm which was put in place 57 feet away from the neighbor's well, as recommended as a precautionary measure. While onsite we did not observe any horse manure on the ground near the complainant's property line, nor was there any manure near the bermed riding area. There were no odors detected. Manure was properly stored inside covered plastic containers on the opposite side of the barn, greater than one-hundred feet away from the neighbor's private well. On September 28, 2017, Ms. Jennifer Schilling came into the Public Health Division Office to complain that there is no manure management plan on file and that her private well water analysis report showed coliform bacteria. The water sample was apparently taken by Ms. Schilling. Mr. Richard Scali and I explained to Ms. Schilling that there weren't any health violations observed at the horse stable. E. Coli was not detected in the water sample. Coliform bacteria is present everywhere in the environment, including from dogs, birds, and potentially from human hand contamination of a water sample bottle. Therefore it is not possible to pinpoint the next door horse farm as the cause. On October 25, 2017, Ms. Schilling requested a site inspection at the horse stable during the heavy rain fall. I immediately went to the site at 11:15 a.m. during pouring rain, to observe the rainwater and direction of run-off. During the site visit, I did not observe any evidence of rainwater runoff draining from 359 Church Street onto 339 Church Street, nor toward the private water supply well located at 339 Church Street. I took several videos and multiple photographs. While accompanied by two Police Officers, I provided my investigation result information verbally to Mrs. Schilling while onsite that same day. Mrs. Schilling replied that she disagreed and,pointed to an area at the southern-most portion of the horse stable property, at the lowest area of land, where she believed the rainwater was draining from. She alleged it drained from there onto the vacant parcel of land located behind her fenced property. 1 then went back to the horse stable to check that specific area at the lowest southerly location of the horse-riding area where rainwater was collecting and where Mrs. Schilling pointed to. After careful visual examination, I did not observe any of the rainwater from the horse stable draining onto any adjacent parcels. The water pooled at the lowest spot at the southern-most portion of the riding rink and appeared to seep into the ground there; it did not drain over the surface onto the adjacent property. I also videotaped the areas T • r r r on a cellular phone. It should be noted that the horse riding area is not within the paddock area nor within the manure storage area. I also observed and video- recorded the rain draining along the surface of the ground from the back of Ms. Schilling's home heading southerly over the grass to the area of the onsite private water supply well, where I observed a very small puddle. It also traveled beyond the private water supply well approximately ten to twenty feet further to the south toward large puddles of water in the area of the rear property line. The topography of the yard sloped towards the south from the rear of the house toward the well and.to the rear property line. The topography of the land does not slope from the rear property line northerly toward the well. While onsite at 339 Church Street, I did not observe any rainwater draining from the rear parcel to the well nor from the easterly property to the well. The rainwater did not drain back in a northerly direction from the rear vacant lot toward Ms. Schillings well. I then walked to Ms. Schilling to inform her that I did not observe any rainwater draining from the southern-most horse riding rink area, that she pointed to, onto the adjacent parcel. I1. Regulations and Findings: A. Section 376-12 of the Town of Barnstable Code requires a minimum setback of fifty (50) feet between a manure storage area and a property line on which the abutting property has a dwelling. Finding #1: The manure storage area at 359 Church Street was greater than fifty (50) feet away from the abutting property line for 339 Church Street. Therefore, there was no violation observed in this regard. B. Section 376-13 of the Town of Barnstable Code requires a minimum setback of 100 feet between a manure storage area and a private water supply well. Finding #2: The manure storage area at the horse stable located 359 Church Street was greater than 100 feet away from the private water supply well at 339 Church Street. Therefore, there was no violation observed in this regard. C. Section 376-14 of the Town of Barnstable Code requires a minimum setback of fifty (50) feet between a paddock where horses are pastured and a private water supply well. Finding #3: The paddock at the horse stable at 359 Church Street was located 98 feet away from the private water supply well at 339 Church Street. Therefore, there was no violation observed in this regard. D. Section 376-15 of the Town of Barnstable Code requires a minimum of fifty (50) feet between a building used for a livery of a horse for the keeping of horses and a private water supply well. Finding #4: The livery/stable building was/is located 98 feet away from the private water supply well at 339 Church Street. Therefore, there was no violation observed in this regard. E. Section 376-7 of the Town of Barnstable Code requires run-off from paddocks and manure storage areas to be retained onsite. Finding #5: Rain run-off from the:manure storage area was contained onsite. Finding #6: Rain run-off from the paddock was contained onsite. III. Other Allegations and Findings: A. "Fill was placed onto the riding area without a permit" Finding #7 — According to the Director of Regulatory Services, the Building Commissioner and the Director of Public Health, a permit is not required to place fill onto land which is not within a wetland. It is not likely a violation of any statute or regulation. No further action by Town officials required. B. "A manure management plan was not submitted each year as required" Finding #8: A manure management plan is not required to be submitted each year during each permit renewal process. It is required to be submitted only one time, as part of the initial permit application process the first year. In this case, the applicant for a horse stable permit submitted a horse stable permit application form in 2015 which included a manure management plan. I regret that these were not the responses that you hoped to hear but this may be informative. As you are aware, you may wish to obtain a legal opinion from a private attorney if you.choose. If you have any further questions or concerns please feel free to contact me. At this time I consider this matter to be closed for enforcement purposes. Sincerely, Thomas A. McKean, RS, CHO Director of Public Health N 3� z 4�� vA"� -'CERTIFICATE OF ANALYSI 'n q, s Page: 1 v � Reuo_ rt For; Barnstable County Health Laboratory Report Dated: 12/4/2009 Todd Prada Order No,: G0955390 84 Bradford Rd, South Dennis, MA 02660 Laboratot-v ID#• 0955390-01 Description: Water-Drinking Water Sample#: Sampling Location: 339 Church St.West Barnstable,MA Collected: 11/30/2009 Collected by: All Cape Received: 11/30/2009 EPA 524.2- Volatile Organics by GUMS ITEM RESULT UNITS RL MCL Method## Analyst Tested Note Dichlorodifluoromethane ND ug/L 0.50 EPA 524.2 yn 11/30/2009 Chloromethane ND ug/L:. 0.50 EPA 524.2 yn 11/30/2009 Vinyl chloride ND ug/1_ 0.50 2.0 EPA 524.2 yn 11/30/2009 Bromomethane ND ug/L 0.50 EPA 524.2 yn 11/30/2009 1,1,1,2-Tetrachloroethane ND ug/L 0.50 EPA 524.2 yn 11/30/2009 1-Trichloroethane ND ng/L 0.50 200 EPA 524.2 yn 11/30/2009 1,1,2,2-Tetrachloroethane ND ug/L 0.50 EPA 524.2 yn 11/30/2009 1,1,2-Trichloroethane ND ug/L 0.50 5.0 EPA 524.2 yn 11/30/2009 1,1-Dichloroethane ND ug/L. 0.50 EPA 524.2 yn If/30/2009 1,1-Dichloroethene ND ug/L 0.50 7.0 EPA 524,2 yn 11/30/2009 1,1-Dichloropropene ND ug/L 0.50 EPA 524.2 yn 11/30/2009 1,2,3-Trichlorobenzene ND ng/L 0.50 EPA 524.2 yn 11/30/2009 1,2,3-Trichloropropane ND ug/L 0.50 EPA 524.2 yn 11/30/2009 1,2,4-Trichlorobenzene ND ug/L 0.50 70 EPA 524.2 yn 11/30/2009 1,2,4-Trimethylbenzene ND ug/L 0.50 EPA 524.2 yn 11/30/2009 1,2-Dibromo-3-chloropropane ND ug/L 0.50 EPA 524.2 yn 11/30/2009 1,2-Dibromoethane(EDB) ND ug/L 0.50 EPA 524.2 yn 11/30/2009 1,2-Dichlorobenzene ND ug/L 0.50 600 EPA 524.2 yn 11/30/2009 1,2-Dicliloroethane ND ug/L 0.50 5.0 EPA 524.2 yn 11/30/2009 1,2-Dichloropropane ND ug/L. 0.50 EPA 524.2 yn 11/30/2009 1,3,5-Trim ethyl benzene ND ug/I, 0.50 EPA 524.2 yn 11/30/2009 1,3-Dichlorobenzene ND ug/L 0.50 EPA 524.2 yn I1/3 012 0 0 9 1,3-Dichloropropane ND ug/L 0.50 EPA 524.2 yn 11/30/2009 1,4-Dichlorobenzene ND ug/L 0.50 5.0 EPA 524.2 yn 11/30/2009 2,2-Dichloropropane ND ug/L 0.50 EPA 524.2 yn 11/30/2009 2-Chlorotoluene ND ug/L 0.50 EPA 524.2 yn 11/30/2009 4-Chlorotoluene ND ug/L 0.50 EPA 524.2 yn 11/30/2009 Benzene ND ug/L 0.50 5.0 EPA 524.2 yn 11/30/2009 Bromobenzene ND ug/L 0.50 EPA 524.2 yn 11/30/2009 Bromochloromethane ND ugn, 0.50 EPA 524.2 yn 11/30/2009 Bromodichloromethane ND ug/L 0.50 EPA 524.2 yn 11/30/2009 Bromofonn ND ug/L 0.50 EPA 524.2 yn 11/30/2009 Carbon tetrachloride ND ug/L 0.50 5.0 EPA 524.2 yn 11/30/2009 ND=None Detected RL = Reporting Limit MCI..=Maximum Contaminant Level Superior Court House, PO. Box 427, Barnstable, MA 02630 Ph: 508-375-6605 ��,�oF i�nrttJti CERTIFICATE OF ANALYSIS Page: 2 Report For: Barnstable County Health Laboratory 'Sx�crtu ' Report Dated: 12/4/2009 Todd Prada Order No.: G0955390 84 Bradford Rd. South Dennis, MA 02660 Laboratory ID#: 0955390-01 Description: Water-Drinking Water Sample#: Sampling Location: 339 Church St.West Barnstable,MA Collected: 11/30/2009 Collected by: All Cape Received: 11/30/2009 EPA 524.2- Volatile Organics by GUMS ITEM RESULT UNITS RL MCL Method# Analyst Tested Note Chlorobenzene ND ug/L 0.50 100 EPA 524.2 yn 11/30/2009 Chloroethane ND ug/L 0.50 EPA 524.2 yn 11/30/2009 Chloroform ND ug/L 0.50 80 EPA 524.2 yn II/30/2009 cis-1,2-Dichloroethene ND ug/L 0.50 70 EPA 524.2 yn 11/30/2009 cis-1,3-Dichloropropene ND ug/L 0.50 EPA 524.2 yn 11/30/2009 Dibromochloromethane ND ug/l. 0.50 EPA 524.2 yn 11/30/2009 Dibromomethane ND ug/L 0.50 EPA 524.2 yn I1/30/2009 Ethylbenzene ND ug/L 0.50 700 EPA 524.2 yn 11/30/2009 Hexachlorobutadiene ND ug/L 0.50 EPA 524.2 yn l 1/30/2009 Isopropylbenzene ND ug/L 0.50 EPA 524.2 yn 11/30/2009 Methylene chloride ND ug/L 0.50 5.0 EPA 524.2 yn 11/30/2009 Methyl-tert-butyl ether ND ug/L 0.50 EPA 524.2 yn 11/30/2009 Naphthalene ND ug/l. 0.50 EPA 524.2 yn 11/30/2009 n-Butylbenzene ND ug/L 0.50 EPA 524.2 yn 11/30/2009 n-Propylbenzene ND ug/L 0.50 EPA 524.2 yn 11/30/2009 p-Isopropyltoluene ND ug/L 0.50 EPA 524.2 yn 11/30/2009 sec-Butylbenzene ND ug/L 0.50 EPA 524.2 yn 11/30/2009 Styrene ND ug/L 0.50 100 EPA 524.2 yn 11/30/2009 tert-Butylbenzene ND ug/L 0.50 EPA 524.2 yn 11/30/2009 Tetrachloroethene ND ug/L 0.50 5.0 EPA 524.2 yn 11/30/2009 Toluene ND ug/L 0.50 1000 EPA 524.2 yn 11/30/2009 Total xylenes ND ug/L 0.50 10000 EPA 524.2 yn 11/30/2009 trans-1,2-Dichloroethene ND ug/L 0.50 100 EPA 524.2 yn 11/30/2009 trans-1,3-Dichloropropene ND ug/I. 0.50 EPA 524.2 yn 11/30/2009 Trichloroethene ND ug/L 0.50 5.0 EPA 524.2 yn 11/30/2009 Trichlorofluoromethane ND ug/L 0.50 EPA 524.2 yn 11/30/2009 Based on the results of the parameters tested,the water is suitable fir drinking,but may present aesthetic problems(taste,odor, staining)due to Iron. Attached please find the laboratory certified parameter list. y. S pproved B✓✓✓/ jl� (L irector)1 ND=None Detected RL = Reporting Limit MCL,=Maximum Contaminant Level Superior Court House, PO. Box 427, Barnstable, MA 02630 Ph: 508-375-6605 byF 1+ ° ��: CERTIFICATE OF ANALYSIS .PSIS Page: 1 �y Barnstable County Health Laboratory. Report Prepared For: Report Dated: 12/2/2009 Todd Prada Order No.: G0955390 84 Bradford Rd, South Dennis, MA 02660 Laboratory ID# 0955390-01 Description: Water-Drinking Water I Sample#: Sampling Location: 339 Church St.West Barnstable,MA Collected: 11/30/2009 Collected by: All Capc Received: 11/30/2009 I Routine ITEM RESULT UNITS RL MCL Method# Analyst Tested Note Nitrate as Nitrogen ND mg/L 0.10 10 EPA 300.0 LAP 11/30/2009 i Copper ND mg/L 0.10 1.3 SM 3111 B LAP 12/2/2009 Iron .4.9 mg/L 0.10 0.3 SM 311 I B LAP 12/2/2009 Sodium 10 mg/L 1.0 20 SM 311 1 B . LAP 12/2/2009 Total Coliform Absent P/A 0 0 SM9223 AF 11/30/2009 Conductance 120 umohs/cm 2.0 EPA 120.1 DCB 11/30/2009 pH 6.9 pH-units 0 SM 4500 H-B DCB 11/30/2009 Based on the results ojthe parameters tested,the water is suitable for drinking,but may present aesthetic problems(taste, odor, staining)due to Iron. Attached please find the laboratory certified parameter list. Approved By: �� (Lab anager) V NS �0 ZE a C) o a � a w °O to rn ND=None Detected RL = Reporting Limit MCL=Maximum Contaminant Level Superior Court House, PO.Box 427, Barnstable, MA 02630 Ph: 508-375-6605 of BeR,;s 30119 o r * / RECEIPT FOR LABORATORY ANALYSIS BARNSTABLE COUNTY DEPT. OF HEALTH&ENVIRONMENT LABORATORY DIVISION BARNSTABLE SUPERIOR COURTHOUSE 3195 MAIN STREET—P.O.BOX 427 BARNSTABLE, MA 02630 PHONE: 508-375-6605 FAX NUMBERS:Lab: 508-362-7103 **** Administration: 508-362-2603 DATE RECEIVED: PAID BY: BILLING NAME: ORDERIINVOICE#and DATE: ADDITIONAL CHARGES INCLUDED: Rapid Turnaround Time: ❑Next business day El 2 business days El business days El business days El5 business days 95 0 b:�siness days ❑ other PAYMENT AMOUNT: $ /�(J • Q� 1 METHOD OF PAYMENT: E ECK# 3 Z` Q CASH Received by/Signed: � Page I Client Copy Page 2 Laboratory Copy Page 3 Asst.Treasurer's Copy Page: 1 of 1 -CERTIFICATE OF ANALYSIS Barnstable County Health Laboratory (M-MA009) Report Prepared For: Report Dated: 9/26/2017 Jen Schilling Jen Schilling Order No.: G17103444 339 Church St W. Barnstable, MA 02668 I Laboratory ID#: 17103444-01 Description: Water-Drinking Water Sample#: Sample Location: 339 Church St.,W.Barnstable �/� Collected: 09/25/2017 Collected by: Customer j. d,(�'� Received: 09/25/2017 ; Routine , Lr ITEM RESULT UNITS RL MCL METHOD# ANALYST TESTED NOTE Nitrate as Nitrogen mg/L 0.10 10 EPA300.0 LAP i Copper mg/L 0.10 .1.3 SM 3111 B. LAP Iron mg/L 0.10 0.3 SM 3111E LAP pH 6.8 PH AT 25C NA 6.5-8.5 SM 4500-H-B DCB 9/25%2017 i i Sodium mg/L 2.5 20 SM3111B LAP i Total Coliform Present P/A 0 0 SM 9223E RG 9/25/2017 Conductance 140 umohs/cm 2.0 EPA 120.1 DCB 9/25/2017 I I Absent for E.coli I Attached please find the laboratory certified parameter list. Approved By: J74��-�—LQ-I. (Lab Manager) = RL = Reporting Limit MCL=Maximum Contaminant Level i ND None Detected P 9 3195 Main Street, PO. Box 427, Barnstable, MA 02630 Ph: 508-376-6605 �av-f- 31 j C� 4/24/2018 Citizen Web Request it ��/4 Y�L+-�"•. z �� < �? xJL . , Citizen Request Management Request ID: 45986 Created: 6/7/2013 11:36:06 AM Status: Closed Assigned To: O'Connell, Timothy Health Office Anonymous: No Category: Title 5 : Section 353-7 Sewage E.C. Date: 6/21/2013 Created By: Crocker, Sharon Citations: ` Health Office Time Worked: 1.00 Response Time: 1.00 ' Request Location: 311 CHURCH STREET West Barnstable, Ma 02668 Parcel Number: Map: 153 Block: 011 Lot: 000 Request: Caller said the owner has what appears to be apprx.20 people stay during the summers. Septic smells bad. It also smells bad whenever it rains. There are wells in WB and caller is concerned that their septic is in failure and may contaminate the well waters. Today (rain) it smells bad again. Request Work History: Entered on 6/10/2013 1:05:52 PM Last modified on 6/10/2013 1:08:07 PM On 6-10-13 went to said property and met with owner. I went to approximate location of leach field and did not observe any smell or ponding of water. Furthermore, septic is only 3 years old and is highly unlikely it is in failure. House is five bedroom and could accommodate 7 adults. According to owner only she and her adult children live there i http://issgl2/InternalWRS/WRequestPrintPub.aspx.ID=45986 1/1 (/ r � l � �� 4/24/20.18 Citizen Web Request ig `, In Citizen Request Management Request ID: 36063 Created: 11/1/2011 2:27:11 PM Status: Closed Assigned To: Parziale, Jim Health Office Anonymous: No Category: Section 353-1 Garbage and Rubbish =.C. Date: 11/16/2011 z Created By: Parvin, Lindsay Citations: BuildingDept Time Worked: 2.00 Response Time: 8.00 Request Location: 311 CHURCH STREET West Barnstable, Ma 02668 Parcel Number: Map: 153 Block: 011 Lot: 000 Request: Requestor reports that the owner has been observed to be dumping kitty litter and other household trash items down the well. The requestor reports that she is particularly concerned due to the fact that the well is shared with her property. She fears that her drinking water has been compromised. Request Work History: Entered on 11/3/2011 1:05:46 PM spoke with jennifer schilling and she cleared some things up. the complaint is now that the owner is dumping kitty litter in her back yard and jennifer fears this will pollute the local groundwater. i am meeting owner on site on monday. Entered on 11/17/2011 8:22:36 AM unable to schedule meeting with owner due to comflicting schedules. will call her again today. Entered on 11/17/2011 3:52:36 PM met with owner on 11/17/2011. walked around the yard and did not see any kitty litter or household garbage. i expained that dumping kitty litter outside isnt neccessarily a violation but since someone is complaining it is now an issue. i told her that in the future to make sure the kitty litter is bagged up and thrown away. the owner said that it always has been. the two neighbors are in a property line dispute. owner feels that the neighbors are just starting trouble. !p://issgl2/IntemalWRS/WRequestPrintPub.aspx?ID=36063 1/2 Citizen Web Request Pagel of 3 H E � A Nt Logged In As: Tuesday,January 22018 TOWN\crockersh Citizen Request Management Route to Users Search Requests Create Requests Reports Request Information Request ID: 51330 Created: 12/16/2014 12:00:56 PM Status: Closed Assigned To: McKenzie, Marybeth Health Office Anonymous: Yes Request Category: Chapter 376 : Stables Routine work: No Estimate: No Date scheduled: Estimated 1/2/2015 Change Estimated Dec January 2015 Feb Completion Completion Date: Date: Sun Mon Tue Wed Thu Fri Sat 28 29 30 31 1 2 3 4 5 6 7 8 9 10 11 12 13 11 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 6 7 Created By: Parvin, Lindsay Priority: Medium BuildingDept Citation Numbers: Requestor Information Requestor Request DETAILS: LOCATION: 359 CHURCH STREET West Barnstable, Ma 02668 Request Parcel Number Requestor reports that the owners Map: 176 Block: 007 Lot: 000 keep three horses on the property and they do not dispose of the manure in a Parcel Lookup timely manner. Requestor reports seeing several large rats in the area. Email: I http://issgl2/IntemalWRS/WRequest.aspx?ID=51330 1/2/2018 Citizen Web Request Page 2 of 3 Track Request Progress Request Work History: Internal Note History: Entered on 1/7/2015 8:38:11 AM Entered on 12/16/2014 12:00:57 PM :)y McKenzie, Marybeth by Parvin, Lindsay I went to the property to meet with the owner They do not have a stable permit. on 1-6-15 with Charlie Lewis, animal control officer, due to animal anc rat complaints. This was System entry on 12/16/2014 12:00:57 PM: an unscheduled appointment and the facility was clean and organized. Manure was not noted in the Assigned to McKenzie, Marybeth paddock areas and the stalls wood shavings were fairly clean.The fencing was a mix of wood and Entered on 1/7/2015 8:38:11 AM electrical. Water was available for the animals. by McKenzie, Marybeth They have 4 chickens as well as the 3 horses. Hay was dry and grain was in a covered bucket. The System entry on 1/7/2015 8:38:11 AM: Request Closed by mckenzim Enter work progress: . Enter internal note: (Viewed by everybody) (Viewed internally only) Spell Check Spell Check •Add document or image link: Browse... * You can also type in a folder name to see everything in the folder Current Links: http://issgl2/Intema]WRS/WRequest.aspx?ID=51330 1/2/2018 Citizen Web Request Page 3 of 3 Time worked on request: 1.50 Response time: 12.00 k Time entries are in hours. Examples of time entries: 1.25, 0.5, 0.75, 1, 3.5, 0.25, 0.10 * Response time: Measured from the creation date to your first actions on the request. * Do not include nig its, weekends, and holidays in response time for most departments. Q Reopen O Reopen and notify citizen Reopen Public Use: Printer Friendly Version Internal Use: Printer Friendly Version http://issgl2/IntemalWRS/WRequest.aspx?ID=51330 1/2/2018