HomeMy WebLinkAbout1837 MAIN ST./RTE 6A(W.BARN.) - Health 1837 MAIN,W.BARNS. I
PETER J. LEVERONI
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1837 Main Stieeit Route;6A
4 West Barnstable, MA "02668 ,
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:Dear Pair Leveconi
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r'S' ¢� $ •� : You are' granted,a variance to,install,a*septic,leaching apit=,10Q feet.from dome-stic•wells�
t x ;lo'cated;.on your :property"1837MainSrreet, :West rBarnstable, and: on neighboring lots.
The follow ing'conditions'must bercomplieii with '4,t 4r t *r '`
Ly a '""" •� •{•°�"G^' ., •' l y9 a r F:. ` " � t r `_ . .. r�ry.{r., ,� - to � .-
' (1) The pi6signin" engineer, r iust#supelvise'cc construct "of the on site"sewage disposal '{
systen 'and`certify.'"inn w€i ing that,`°the sy"stetri#was�instailed, in, aeco dance`',with`',
n '• s,r .+� 1.-. i.a`. ,�•' t'•�
his`design
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r e garagcannotte for(2) Th % u t `,' rf Xr �.: �, 7 �` •2.•4 t, f1 ` rr `° ..
human.habitations
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-'(3)r"-The "water from`the�'existing-wejP'mustf be sted.tan'nually;arid.must~meet Ali of '
the standards:established by the Safe.Drinking Act of 1974 .t
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r � (4) ';The a ,sting well"amu$t be relocated And, ,' ustr Sheet '~Title ' 5, 'of therti;Stateby 3
Environmental ,Code, ,.distance,. requirements,rif tihe water "does not. meet the,
.prescribed;it dards '' �, • .� w C y
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. :^' % to ;' 1',C;. ` 3•i
(5) The existing»;cess ool s stern 2 pg h f -` r
*, p. y- ( )�must beau raged to meet t e requirements of ;
4.Tifle > 5 3 of `the estate -•tnvironm'eintal "Code;'and Town. ,of••_B&nstable.,r Health,'
Regulations,'if,problems,'occur. }"3� :
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Ve'r truly`yours,
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Mr' 'Steve. Wilsonr
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1866 rain Street
+est Barnstable
1 assachu.setts C21^68
I'Iarch 26, 1990
Building Commissioner
Town of Barnstable
Hyannis, KA 02601
Dear Sir: .
I was outraged and disgusted, but not the least bit surprised
to find the enclosed advertisement in the Cape Cod Antiques &
Arts section of the Register newspaper a few weeks ago.
This piece of property, containing .83 acres, is located at
1837 Main Street Route 6A) in '+lest Barnstable. It is Marcel
33 on Assessors Pfiap 216, and that department's. records show
the follo%ing information:
band Gr 82,900. 00
)Building 61, 300.00
Other 400.00
Building 48, 300.00
Further inquiry reveals that the 6400 assessment' covers a
1110 x 12 ft. shed" . It. also is a matter of record that the
�48, 300.00 assessment** refers to a structure listed as a
"Garage with quarters over" .
THE E IS NO RECORD IN THE OFFICE OF THE BOARD OF APPEALS OF.
ANY PERi`'iIT GRANTED TO PRESENT OR PAST OWNERS FOR EITHE A
SO-CALLED FrIiILY ArARTHENT. NOR A HOME OCCUPATION USE.
Records of the history of this property would reveal that the
residential structure never was a "FAR,111OUSE" as stated in
the advertisement, but I su.ppose that is just a minor matter
of false advertising, but placing property on the market as a
"home occupation" is flagrantly untrue.
A permit was granted within the last couple of years to the
,present owners by the Old King's Highway Regional ITistoric
)istrict Committee for the enlargement of the residential
building, but even that was after a number of hearings and
revisions of plans. Shortly after completion a light post was
installed near the driveway (not included in any approvals and
requiring a certificate of either appropriateness or exemption
of which there is no record in that office. ) At the end of
�98c, a sign was hung on this light post with "scales of justice"
at the top, tie name "Leveroni" in -the middle and ":.ttorney ,t
Lav " at the bottom - Legal or illegal bu.t certainly mislea:ing
as no "home cccu.pation" exists under our zoning by-laws.
Building Commissioner -2- Harch 26, 1990
however, it was several years ago that the Old King' s
Ilia-'away did grant permission for renovation of the ex-
isting garage to provide "STORAGE SPACE" on the upper
level. . Examination of plans in your office revealed two
(2) sets, one marked "not to be used", but showing a
lavatory area at ground level, space for a "washer and
dryer" , even indications of a circular staircase from the
garage to the upper level, a small back porch entry, even
a "shower" . I submit to you and suggest that this second
floor area over the two-car garage has been used improper-
-ly and possibly illegally for the past few years. Earlier
inquiries of your office indicated there was no way to in-
vestigate alleged violations, but my question is then,
how are zoning violations enforced?
1.1thou.gh as taxpayers we are pleased on the one hand that
the present owner is paying for assessments on what appear
to be two houses on one lot, we also realize that the new
addition to the residence, we also know that the increased
valuations (purchase price in Narch of 1985 w74', 000.00, novv
for sale at 3279,900. 00) 4.,7ill eventually impact comparable
properties in the neighborhood.
The lot in question is already undersized to support even
one home IN AN AREA i'dITH NO TOWN 11,'ATER AND NO TO'dN SEWLR
IN THE FORESEEABLE FUTURE OR EVEN THIS CENTURY.
A copy. of this inquiry is being sent to the Board of appeals,
the local Board of Realtors, the Barnstable Board of Health,
the Old Kings Highway. The courtesy of a prompt investiga-
tion and reply is respectfully requested.
Very truly yours,
,wirtanen
y77
W. EL
OCO "
_ ILH 03. a n 4 O:THSID ..
Itisa 1 ;f .; E, a
p easure o ring'to your attention each month1a page of antique and special homes that are for sale: The
staff at Norton Real Estate..is respected for atheir"-unique:knowledge of antique properties,';but we:would like. ou to
be aware that we have many.newer,.not so new,and brand'new homes for sale also .
. We have a` y and are ready to serve your,real estate needs. wide price range
When you think r
eal estate...think Norton ,we, rexready to help-=-
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NEW LISTING -YARMOUTH PORT .,t.
i s HOME OCCUPATION
THE PEBBLE? W. Barnstable =new listing. Recently renovated farmhouse F
Circa 1860 Colonial. 4 bedrooms, 2 baths, gradous home Renovated 5 bedroom'residence bulk in 1905 offers distant
with new addition being,a_beautiful.fireplaced family room
with eat-in kitchen,formal dining and living rooms near,shop- views of Barnstable Harbor. Hardwood floors,-14.skylights, 2 uildjng houses 2 car garage and lovely 2 room office suite"
ping and restaurants.$269 000. { decks loft family room with 18',ceWn full Cwith full tiled bath.Walk to New Y.M.C:A-and C.C C.Ask-
Calf 362-2120 g, guest suite Call ,,
today. c 1� ' _ `ram ref Y in9:$279,900
r 362 2120 Call 362 2120 '
121
PP
NA
. -. �t�,,p-�. - - , '• ;gyp; ;� .
r
WHAT A SET-UP! � ,.. ��._ : - F
F
Beautiful Greek Revival home with se " rsfs'n< fi YARMOUTH e,
paste barn you always , CAPE COD:UIEWS: �� ;. PORT
dreamed about to house 5 `creative talents and busirmss Yarmouth Port; A Magnificent Antique Colonial with separated-INCOME UNIT-
winding driveway leads you'to'The Wind-' with bam.=Two lovely and sunny front parlors,with fireplaces,-".
replaces, ` ;
GREAT 6A IXPOSURE. � z mill House,' an estate Ilke`property with views of the Great
Call 888 1555 5 Marsh and Cape Cod Bay.The home is full of nooks and cyan common room"with' fireplaces, large eat to kitchen, secret
Hies but also features lar e d rareas,� hideaway room, first floor laundry and bath. Seller willing to g, Wing hail,sec"of the � SWAP for another Cape Cod pproppeer�tyy.Now$279,000
house date back to 1800,"newertwlr s haverbeen.added rn CaI 362 Z120 7 ,0
recent years, and the property 1s b'':Showcasex�condiUon.
-4 ,Separate lot tow;enhance yorur investment Reduced
Call 888 1555 .^ ?rMarsfi'and Cap with.'-views " Greater commori.`r �fire�la<es, large.-eat-In Ia kitchen
ps¢cr�¢ :Tv
eCocl.Bay ll�e home!s fuU of nooks and crap s hide-away p
riles but,also features'lar e t way room, first floor laundry and bath. Seller willing to
9 � V areas While se o for another Ca Now
house date.back tos1800'� ctiru`of then+ Cape Cod ro 9
recent � neK^ersWings have:;Been.added [n SWAP pp ppaerty $279.000
>. yearars,rrand the'"property is in t' +;' Call 362-212
a _ �S'."' +*#.'"cYmcte2�, {:? tO,rtrvcellflarlOe-.a ,S case; idonditior&,j4; .:r `
€ $695;000a�d" pc4 � r "Y' R
.��
y �.. ,.: �� ,.Barr>stable Office 3 2120`�'���s'�J�-5�`.� ��ax� ,p•e�v: ��. _ ... ,_.. `,,
a�
`rj? xa "i+d'§if ;�'(1#k $yi y2ry., t#yggpp '`..�r y xt •,F �5g'. +
4 "^'S tt _ lii !✓gM`ia4�s �"JJP I' ,� Ify' } i u
pY.,
.41
CQ
4 ail
'A -
"THE SETH POPE HOUSE744
This handsome `in town' 1699 antique is available to be a fr -
wonderful B&B or antique shop.Many fireplaces in spacious '~ "THE TOBY HOUSE"
rooms add to the charming atmosphere of this large home h
with plenty of parking spaces.Just reduced to$325,000! ' '.:�.; is an interesting and rare quality 1690 antique! There are 3 .'
Sandwich 888 1555 r �' bedroom suites many wonderful fireplaces and fine interior
features.Old stonewalls,a small p
VER pond and mature landscaping
something special in Sandwich at 1 DLscovery Hill Rd.200 complement this fine home.Offered at$375,000. i
<.
year old colonial. 4 bedrooms,4 baths,,lovely comer location i r Call 888-1555 '
with 2:7 acres of beautiful grounds tofcomplement this gra '`' i"
sous home Asking$299,000. ` ��;:$ x,
C.a11 362-2 1 20 ,E.
,.W
BARNSTABLE VILLAGE `
Circa 1890 antique in quaint village setting. 1.14 acre.Stone
. d CRA i SMANSHIP PERSONIFIID
walls and large antique bam. This home has recently been
updated to provide a unique blend of antique and contempo-
"
ONLY IN AN ANTIQUE HOME"
rary living.Has great value.Reduced.$335,000. .-CUMMA «, s� '; STATELY COLONIAL - On Historic Route 6A...a newly
Ca11362 2120 �' UID s ''` remodeled.kitchen, 5 bedrooms, 2 1/1 baths, 5 fireplaces,
A rare find-Impressive antique replica bounded by 60 acres of , beautiful beamed living room,with unique window treat AND `,
Audubon land Walk to Cape Cod Bay.Lovely details through absolutely the most intriguing placements of custom,built ins: .'V
outl Separate in-law apartment Come explore 4
`:More details at 362 2120 ; throughout this lovely.home.$375,000.
' = Call 362-2120
13
Orton & tCo.1 Realtors ....
362-2120�r3
BARNSTABLE VILLAGE
Exclusive Affiliate."',
3221 Route 6A (P.O. Box 156) SANDWICH OFFICE
Barnstable, MA 02630 SOTHEBY'S=' " L " ' 598 Route
362-2120- INTERNATIONAL REALTY East Sandwich
a 888-1555 - fi
"Specializing in fine Northside properties along historic.6A and'down�the winding and quaint lanes to the Sea"
THE FOLLOWING
IS/ARE THE BEST
IMAGES FROM POOR
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FEE , 7,5, 0Ci
ojTHt ro TOWN OF BARNSTAE3LE
ti
OFFICE OF
BASI3T1BL .BOARD OF HEALTH
ooD 367 MAIN STREET e
- HYANNIS, MASS. o2soi
VARIANCE REQUEST FORM
All variance requests must be submitted five (5) days prior to the scheduled Board of
Health meeting.
NAME OF APPLICANT Cape Cod Survey Consultants TELEPHONE NO. 362-8133
ADDRESS OF APPLICANT 3261 Main Street/Route 6At Barnstable Village, MA
NAME OF OWNER OF PROPERTY Peter' J. Leveroni.
LOCATION OF REQUEST 1837 Main Street/Route 6A, .West Barnstable, MA
VARIANCE FROM REGULATION (List regulation) Barnstable Board of Health Regulations
VARIANCE REQUESTED (Specific request) To allow the distance that a well has to be
from a leaching facility to be-reduced from 150' to '100' .
REASON FOR VARIANCE (May attach letter if more space needed) Existing wells do
not allow for greater separation.
PLANS - Two copies of plan must be submitted clearly outlining variance requested.
VARIANCE APPROVED Heaitn Dept
NOT APPROVED D Town of sarantable �
REASON FOR DISAPPROVAL
—„---
Attachment; Water Wall Analysis Robert L. Childs , Chairman
Ann Jane Eshbaugh +
H. F. Inge, M. D.
BOARD OF HEALTH
TOWN OF, BARNSTABLE
A :
U_ Date: December 11, 1985
l.�oy Number: 5574 Bottle # D034
BARNSTABLE COUNTY HEALTH AND ENVIRONMENTAL DEPARTMENT "
a
SUPERIOR COURT HOUSE
p BARNSTABLE, MASSACHUSETTS 02630
AS$ DRINKINGWATER 'LABORATORY''ANALYSIS -'.fw .�"--P►+oNE:.362.2",
EXT. 331
-7-777
' ' "-John Mark `Leveroni f
Client: Collector: John M. Leveroni
Mailing Address: 823 Brush- Hill Rd. Affiliation: owner -•Fl zl'.,
Milton.-MA `02186 :::.Time' &, Date..of
Collection: 12/9/85 12:55 p.m.
Telephone: 333-0488 Type of Supply: well
Sample Location: 1837 Main Street Well Depth: .
W. Barnstable, MA Date of Analysis: 12/9/85 1:30 p.m.
PARAMETER- ""'" ' ;'SAMPLE RESULT !-RECOMMENDED LIMITS
Total Coliform Bacteria/100 ml 0 0
H 5.5
Conductivity (micromhos/cm 1 c,'160.0.• ,,./i:i; :r
Iron m) 0.3 0.3
Nitrate-Nitrogen ( m) 2.8 10.0
Sodium !120.0
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iL, r
I. X Water sample meets the recommended limits for drinking of all above tested.:parameters.
Based only 'on 'results `of the parameters'tested 'for-this=samp1 a i;thel-water is
�.
suitable'rfor "drinking'but may present the problems"checked below:
....-.r .:. .e,,...iFr F. r 2I' : l .1tlrJ�•1. .i:.1•iil.lj:.. ... .'r; . Si'.,':'J, .ai tll t':. _.,. 1 .. _.ii i',,;. .,i:�i ,. _ .. i:,.. ,..
A. Water sample has higher than average levels of Nitrate. Future monitoring is
recommended (2-3 times per year) to establish any upward trends.
B. The low pH of the water may shorten the useful life of the house's plumbing. - �
i' --I oil 7 of J.i .'.'iiY. J T•; '::
C. Water may present aesth'etic"problems '(taste,`odor; staining)>idue to ' t
D. Water sample has high levels of sodium. Persons on low sodium diets should
consult their doctor.
III. 'Due to one or more of the reasons checked below, this water sample is unfit for
human consumption:_ A. .: High Bacteria B. High Nitrates
� ' F r• l !:*� trr� F;7z..ir^nmantnl
REMARKS: ' ri! not er,u rse any Frn
sta.een,s
Iron level is at the limit.
or c� � n�. by anyone
t7) !,,
else concerning these results without `written consent.
CC: Barnstable Board of Health -
CC. abor` o -y D�&tor
1 /7/E5
Explanation of Test Results
Tr,in! Colifor►rt Bacteria
Coliform bacteria are an indicator- of the sanitary quality of a water supply. Water supplies may become
contaminated from malfunctioning septic systems, cesspools and surface runoff. A total coliform count of zero
indicates that your water supply is safe and approved for human consumption. A total coliform count of greater than
zero is most often the result of accidental contamination of the sample bottle through improper sampling methods.
For this reason, it would be advisable to retest any well water that is not approved.
pH
pH is the measure of acidity oralkalinityof the water. On the pH scale, the number 7 is neutral, less than 7 is acidic
and more than 7 is alkaline. The pH of water on Cape Cod tends to be acidic in the range of 5.0 to 6.5.
Crm(inetivity
Conductivity is a measure of the dissolved salts in solution. Amounts in excess of S00 micromhos/cm are generally
considered unacceptable and may have a laxative effect upon users.
Iron
The presence of iron in water in concentration of .3 ppm or greater may: give the water a bittersweet astringent
taste, cause an unpleasant odor, often gives the water a brownish color and cause staining of laundry and porcelain.
The average concentration of iron in Cape Cod's water is .21-.6 ppm. Although the presence of iron in water may
cause the problems listed above, it is not considered deleterious to health. Iron may be removed by use of an iron
removal system.
Nitrate-nitrogen Q
The Massachusetts Drinking Water Regulations have set a maximum contaminant level for nitrates at 10 ppm.
Excessive concentrations may cause methemoglobinernia (an infant.disease) and have been suggested to form
potentially carcinogenic nitrosamines. Contamination sources include fertilizers, cesspools and industrial wastes.
Copper
Due to the acidic nature of the water on Cape Cod, copper tends to leach from pipes. This normally does not
present a health hazard; however, concentrations in excess of 1.0 ppm may cause a metallic taste and/or a
bluish-green stain on porcelain fixtures.
Soclium
A concentration of sodium over 20 ppm is only of concern to people who are oil a low sodium diet. If the eater
supply has more than 20 ppm sodium, it is up to the people who are on such a diet to find another source of drink-inc
eater rr cnniact their doctor to determine if consuming the water is advisable. Concentrations exceeding 50 ppm
illdicaic chat there nuty be ocean water or road salt runoff water betting into the •eli.
a1_z
Log Number: 5574 Bottle # D034 Date: December 11, 1985
k ,� �� BARNSTABLE COUNTY HEALTH AND ENVIRONMENTAL DEPARTMENT
a
a SUPERIOR COURT HOUSE
v BARNSTABLE, MASSACHUSETTS 02630
o • m
ws� DRINKING WATER LABORATORY ANALYSIS PHONE:.362-2511
EXT. 331
Client: John Mark Leveroni Collector: _ _ „ John_ M. Leveroni
Mailing Address: 823 Brush Hill 'Rd. Affiliation: owner
Milton. MA 02186 Time & Date',of
Collection: * " --12/9/85 12:55 p.m.
Telephone: 333_0488 Type of Supply: well
Sample Location: 1837 Main Street Well Depth." ` C� 7
W. Barnstable, MA Date of-Analysis,: , '1`2/9/8a 1:30 p.m.
PARAMETER SAMPLE RESULT RECOMMENDED LIMITS
Total Coliform Bacteria/100 ml 0 0
H 5.5
Conductivity (micromhos/cm) 160.0 500.0
Iron ( m) 0.3 0.3
Nitrate-Nitro en ( m) 2.8 10.0
Sodium ( m) 14.0 20.0
I . X Water sample meets the recommended limits for drinking of all above tested parameters.
II . Based only on results of the parameters tested for this sample, the water is
suitable for drinking but may present the problems checked below:
A. Water sample has higher than average levels of Nitrate. Future monitoring is
recommended (2-3 times per year) to establish any upward trends.
B. The low pH of the water may shorten the useful life of the house's plumbing.
C. Water may present aesthetic problems (taste, odor, staining) due to
D. Water sample has high levels of sodium. Persons on low sodium diets should
consult their doctor.
III. Due to one or more of the reasons checked below, this water sample is unfit for
human consumption: A. High Bacteria B. High Nitrates
REMARKS: Iron level is at the limit.
CC: Barnstable Board of Health
cc: D r, '1L0/A,
117/85 /aboraNto'ry Director
Explanation of Test Results
i
Total.Coliform.Bacteria
Coliform bacteria are an indicator of the sanitary quality of a water supply. Water supplies may become
contaminated from malfunctioning septic systems, cesspools and surface runoff. A total coliform count of zero
indicates that your water supply is safe and approved for human consumption. A total coliform count of greater than
zero is most often the result of accidental contamination of the sample bottle through improper sampling methods.
For this reason, it would be advisable to retest any well water that is not approved.
pH
pH is the measure of acidity or alkalinityof the water. On the pH scale,the number 7 is neutral,less than 7 is acidic
and more than 7 is alkaline. The pH of water on Cape Cod tends to be acidic in the range of 5.0 to 6.5.
Conductivity
Conductivity is a measure of the dissolved salts in solution.Amounts in excess of 500 micromhos/cm are generally
considered unacceptable and may have a laxative effect upon users.
Iron
The presence of iron in water in concentration of .3 ppm or greater may: give the water a bittersweet astringent
taste, cause an unpleasant odor, often gives the water a brownish color and cause staining of laundry and porcelain.
The average concentration of iron in Cape Cod's water is .2 - .6 ppm. Although the presence of iron in water may
cause the problems listed above, it is not considered deleterious to health. Iron may be removed by use of an iron
removal system.
Nitrate-nitrogen
The Massachusetts Drinking Water Regulations have set a maximum contaminant level for nitrates at 10 ppm.
Excessive concentrations may cause methemoglobineniia (an infant disease) and have been suggested to form
potentially carcinogenic nitrosamines. Contamination sources include fertilizers, cesspools and industrial wastes.
Copper
Due to the acidic nature of the water on Cape Cod, copper tends to leach from pipes. This normally does not
present a health hazard; however, concentrations in excess of 1.0 ppm may cause a metallic taste and/or a
bluish-green stain on porcelain fixtures.
Sodium
A concentration of sodium over 20 ppm is only of concern to people who are on a low sodium diet. If the water
supply has more than 20 ppm sodium,it is up to the people who are on such a diet to find another source of drinking
water or contact their doctor to determine if consuming the water is advisable. Concentrations exceeding 50 ppm
indicate that there may be ocean water or road salt runoff water getting into the well.
iWo. ,
s,
4
1837 Main Street
W. Barnstable, Mass. 02668
May 17, 1990
Town of Barnstable
Office of Board of Health
367 Main Street
Hyannis, Massachusetts 02601
Attention: Mr. Thomas A. McKean
Director of Public Health
Town of Barnstable
Dear Mr. McKean:
Pursuant to our recent conversation and a letter sent to my home, below is
my response.
i
In 1985 I purchased the property located at 1837 Main Street, West Barnstable,
Massachusetts. We decided to add a two-car garage with a laundry, bathroom and
loft area attached to an out_building with a foundation existing prior to zoning.
We were approved by the Historical Committee, Building Inspector and the
Board of Health. At this time the only concern of the Board of Health was the
possibility that the barn would become a second single-family residence on the
property. We agreed to this and only this particular restriction regarding use
of the property.
In compliance with the wishes of the Board of Health we did install a second
septic system to accommodate laundry and toilet, which they readily approved.
Our understanding was that the toilet and laundry were intended for "human" use.
The Board of Health agreed to this.
Mr. Wirtanen is apparently upset about the way he perceives my property
being used. Why this is of so much concern to him is beyond my understanding.
The area is zoned to allow for Home occupation. This is not the way I use my
property, but if a future owner wishes to, they may proceed with obtaining the
necessary permits.
For the same Boards to now come to me complaining of changes that they them-
selves approved only five (5) years ago constitutes harassment. I do not wish
to take legal action concerning this matter, but I will if I am not left to live
peaceably with my family on my property.
Town of Barnstable
Office of Board of Health
Attention: Mr. Thomas A. McKean
Director of Public Health
Town of Barnstable -2- May 17, 1990
If you have any further question or comments, please don't hesitate to
call me.
Si cer y yours,
P ter J. eroni
PJL:a
cc: Norton Real Estate
ATTENTION: Mr. Martin Wirtanen
Building Commissioner
Board of Appeals
Old King's Highway
W. Barnstable, MA 02668
Tel. (508) 362-9632
Peter J. Leveru.._�.
1837 Main Street
W. Barnstable, Mass. 02668
Yosemite-
Town of Barnstable
Office of Board of Health
367 Main Street
Hyannis, MA..02601
Attention: Mr. Thomas A. McKean
Director of Public Health
Town of Barnstable
' � ��
/ �`�
1
`^!
i
�I� � �..
'T�1
I
TOWN ATTORNEY'S OFFICE
TOWN OF BARNSTABLE
INTER-OFFICE MEMORANDUM
DATE: April 18, 1990.
TO: TOM MCKEAN, Public Health Director
FROM: RUTH J. WEIL Asst . Town AttorneY►
[ I 7 rL
RE: Inquiry dated 4/10/90 Regarding "Hum n Habitati "
OUR FILE REF. NO. : 5-177
-----------------------------------------------------------------
In terms of the attached memorandum of April 10, 1990, the Board
of Health is imbued with the inherent power to interpret its own
orders and in doing so, can employ everyday usage to determine what
constitutes "human habitation. " I believe that the intent of that
phrase can be fairly easily gleaned in context of the whole sentence.
For some gui els, "garages is defined in Webster' s Unabridged
�✓ Dictionary as follows: "a shelter or storage place for an automobile
or automobiles. " Further, under 410.031 of the State Sanitary Code,
"habitable room" is defined as: "Habitable room means every room or
enclosed floor space used or intended to be used for living, sleeping,
cooking, or eating purposes, excluding rooms containing toilets,
bathtubs or showers and excluding laundries, pantries, foyers,
communicating corridors, closets and storage spaces . "
Please feel free to call me with questions .
RJW:cg
roc i : r
TOWN OF BARNSTABLE
OFFICE OF
DAHASL L
rAsa c BOARD OF HEALTH
y ,�
�0 163 \em 367 MAIN STREET
'ED YAY A"
HYANNIS, MASS, 02601
TO: Ruth Weil
• C�
FROM: Thomas McKean
DATE: April 10, 1990
What is your definition for human habitation? The attached Board of Health
letter dated January 8, 1986 states "The garage cannot be used for human
habitation".
Would use of the garage as an office constitute use for human habitation?
Please advise.
_ 1
'R
S `
1 � '
A-
7 r
rAPR i
January 8, 1986
Mr. Peter J. Leveroni
1837 Main Street - Route 6.A
West Barnstable, MA. 02668
Dear Mr. Leveroni:
You are granted a variance to Install a septic leaching pit 1d0 feet from domestic wells
',,. --2ted on your property 1837 Main Street, West Barnstable,'and on neighboring lots.
'ollowing conditions must be compiled withe !
The designing engineer must supervise construction of .the on-site sewage disposal
system and certify in writing that the system was Installed In accordance with
his design.
(2) The garage cannot be used for human habitation.
(3) The water from the existing well must be tested annually and must meet all of
the standards established by the Safe Drinking Act of 1974.
(4) The existing well must be relocated and must meet Title 5, of the State
Environmental Code, distance requirements If the water does not meet the
prescribed standards.
(5) The existing cesspool system (2) must be upgraded to meet the requirements of
Title 5, of the State Environmental Code, and Town of Barnstable Health
Regulations If problems occur.
Very truly yours,
obe t L. hilds _ i ,..
Chairman ,
`�.. BOARD OF HBALTH .'
T 1
TOWN OF BARNSTABLE
r Y �
t
Steve Wilson
f
Z.a t9yV7r `y h. I V
c,,� "SL i _
r r ,,.y� T F„.{..¢ a..s f��� fi t� � iSX.�. ` s Cr_.. f tk"�r' _�f'='•�.��?Iay�t ��t I�r'
Z;n
d �' _ �S°•^. bi. ,:+.z t ..z- .. r` PL .# }r s ip^`,f �•h,i 4id y ,: i 1:.J • i,1,..-..: _
r
3 2
A
I
_» I
TOWN OF BARNSTABLE
Bpi T H E TO
4
6�Qy� OFFICE OF
BAHa9TAU BOARD OF HEALTH
M AM p
i639' 367 MAIN STREET
'ED M{1Y k'
HYANNIS, MASS.02601
TO: Ruth Well
FROM: Thomas McKean�
DATE: April 10, 1990
What is your definition for human habitation? The attached Board of Health
letter dated January 8, 1986 states "The garage cannot be used for human
habitation".
Would use of the garage as an office constitute use for human habitation?
Please advise.
January 8, 1986
7, 11►
tit. Peter J. Leveronl ;
1837 Main Street - Route 6Ai;
West Barnstable, MA. 02668
. Y .
Dear Mr. Leveronh + ' '
You are granted a variance to Install a septic leaching pit 100 feet from domestic wells
located on your property 1837 Main Street, West Barnstable,'and on neighboring lots..
The following conditions must be complied witht
(1) The designing engineer must supervise construction .of...the on-site sewage disposal
system and certify In writing that the .system was installed in. accordance with
his design.
(2) The garage cannot be used for human habitation. . '
(3) The water from the existing well must' be tested annually and must meet all of
the standards established by the Safe Drinking Act of 1974.
(4) The existing well must be relocated ' and must meet Title 5, of. the State
Environmental Code, distance requirements If ,the water does not meet the
prescribed standards. t'
(5) The existing cesspool system (2) must be upgraded to meet the requirements of
Title 5, of the State Environmental ;,Code, and Town of Barnstable Health
Regulations if problems occur. '
Very truly yours,
i - �tbert(R. ,hilde
Chairman
BOARD OF 11IIALTH §�
TOWN OF BARNSTABLB '
Mr. Steve Wilson
M riffs-r •7.'Vim Z.. n! -
WELCOME .-To
IN-OR.THS
IDE
It is a pleasure to bring*to your attention each`month a page of antique and special homes that.'are for sale. The
staff at Norton Real Estate is respected for-.their unique knowledge of antique properties,,but we would like you to -
be aware that we have many_newer, not so new and.brand�new homes-for sale'also.. We have-a wide price range
and are ready to serve your.real estate needs.: -:' : �_-=" `•` '"` :=a ' -_ _ - - -
When you think real estate...think Norton'-
.:.we are-read�]to het - = -
if':ITS- - _
HOME OCCUPATION =`
DM LISTING-YARMOLTTFi PORT =:r ?: pEBBLE„r "- r'" , w. Bye= :
Cm a 1860 CdotdaL 4 bedrooms, 2 bathi6 grades home .-,i.• Renovated 5 bedroom r�e�ee built 3n 1905 affers iStardWith new adftm
with eat-in kitchen,fond dirmg and�S ems.nm� c:�;_views of Barrstable Harbor.Haraw�ood$oor� 14 9 houses 2�mr garage and bvwly 2 room a�cce suite
Pm9 and�saarrts.$269,000. ._.. ' _s` decks Joft Y .2 t MAdr full tiled bath.Walk to New Y.M.CA and
CaII 362-2220 lOOm. th.18'0.20'M hk Quest state. Call .`OV$ 7.9,900i:'_'=Y - - C: '
_ ..- '+ct•-:362-Z 362-2120 "• --f.
'�` __?mil�� � �_ i ice. --� _ �►s:
a.
�' s� • 21m_ v♦
WHAT A SEr-JP! ��. ,, �-- �=�- r.::==-==
YARMOLTM PORT
Beautiful Greek Revwral home with separate barn you ahtrays ` '* ;'"CAPE COD VMw `x � -' ;:• .`
S`
dreamed apart to house your creative talents and business. :'Yarmouth Port.A winding driveway leans �� e ColonW w>rtr �-INCOME UNIT'
GREAT 6A DU"OSUR._ - , ._:�,..�-.::3-> m10 Hasse,' aw estate-Ciioe You.to'Ihe Wind- vAth bam.-Two lm*and sunny from parktrs.wtth fireplaces;:
ProP�Y views of the Great eomman room with fireplaces, large eal4n kitchen, secret :. ?
_. Call 888-155b - .� ' : ar3d f�Bay.The home is fj of r, o and earn wi-away room or, ,,flow latadry and bath. Seller a-UM to
min but also large 5var9 areas,WMie _ Cape Cod Now 5279,000...
mane date back to large
Sections of the, .WAP for arrather
resent years, ck the �f11�gs have been added in Calt 3
.•K.Separate.. krt,._tG.-Q_rha=__—`c.,-r+w'1!.1i{r rd_
0*1 E ono TOWN OF BARNSTABLE
OFFICE OF
DenM&MADi i BOARD OF HEALTH t.� �
o MpY-w��� 367 MAIN STREET
HYANNIS,MASS.02601
April 4, 1990
Peter J. Leveroni
1837 Main Street - Route 6A
West Barnstable, MA 02668
Dear Mr. Leveroni:
You are directed to cease and desist utilizing the structure above the garage as an office,
at 1837 Main Street, West Barnstable. The Board's variance letter addressed to you dated
January 8, 1986 for your property at 1837 Main Street, West Barnstable, clearly states
the garage cannot be used for human habitation. (See enclosed letter).
According to 105 CMR 410.031 in the State Sanitary Code the Definition of Habitable
Room means every room or enclosed floors ace for living
,g, sleeping, cooking, or eating
purposes, excluding rooms containing toilets, bathtubs or showers, and excluding laundries,
pantries, foyers, communicating corridors, closets, and storage spaces.
You stated to Health Inspector Edward Barry on February 14, 1989; that the structure
above the garage is being utilized as an office. Utilization of the structure as an office
would constitute a habitable room and would therefore violate the condition #2 of the
January 8, 1986 letter addressed to you from the Board of Health.
You are directed to cease and desist utilization of the structure as an office.
You may request a hearing if written petition requesting same is received by the Board
within seven(7) days.
Violation of the Board of health conditions) may result in revocation of the variance
granted.
Very truly yours,
Tho as A. McKean
Director of Public Health
Town of Barnstable
TM/bs
Enclosure
Copy: Norton Real Estate
Building Commissioner
Board of Appeals
Old King's Highway
Martin Wirtanen
�P�OFTHE T TOWN OF BARNSTABLE
OFFICE OF
DAMSTAM i BOARD OF HEALTH1639. i
y MAss. q ,
c Mpg� 367 MAIN STREET
HYANNIS, MASS.02601
April 4, 1990
Peter J. Leveroni
1837 Main Street - Route 6A
West Barnstable, MA 02668
Dear Mr. Leveroni:
You are directed to cease and desist utilizing the structure above. the garage as an office,
at 1837 Main Street, West Barnstable. The Board's variance letter addressed to you dated
January 8, 1986 for your property at 1837 Main Street, West Barnstable, clearly states
the garage cannot be used for human habitation. (See enclosed letter).
According to 105 CMR 410.031 in the State Sanitary Code the Definition of Habitable
Room means every room or enclosed floor space for living, sleeping, .cooking, or eating
purposes, excluding rooms containing toilets, bathtubs or showers, and excluding laundries,
pantries, foyers, communicating corridors, closets, and storage spaces:
You stated to Health Inspector Edward Barry on February 14, 1989, that the structure
above the garage is being utilized as an office. Utilization of the structure as an office
would constitute a habitable room and would therefore violate the condition #2 of the
January 8, 1986 letter addressed to you from the Board of Health:
You are directed to cease and desist utilization of the structure as an office.
You may request a hearing if written petition requesting same is received by the Board
within seven (7) days.
Violation of the Board of health condition(s) may result in revocation of the variance
granted.
Very truly yours,
r--
Tho as A. McKean
Director of Public Health
Town of Barnstable
TM/bs
Enclosure
Copy: Norton Real Estate
Building Commissioner
Board of Appeals
Old King's Highway i
Martin Wirtanen
_ .v f
Martin E. W irtanen �q
1866 Main Street -"
M
West Barnstable N
Massachusetts 02668 D + f
•®=���
9 2 APR
S
-�� BOARD OF hEALT.H
TOWN OF BARNSTABLE
Z TOWN HALL
�F'
IUYANNIS, DVI.SSACITUSETTS 02601
I
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wj INDIC' INDICATES LEACHINGPIT DETAIL: REVI'StCIN�.
_!�_.,SOIL TEST ' PIT� DATA: , SEPTIC TANK DETAIL- DISTRIBUTION ' BOX DETAIL:
ATES
OBSERVED
pERC. NOTTO SCALE_ NOT'TO SCALE, NO DAT E
TEST GROUNDWATER NOT TO S,CALEL
LOAM
NOTES: 1. SEPTIC TANK SHALL BE STEEL 4.- INLET AND OUTLET TEES TO BE CAST IRON OR NO. OF OUTLETS: MANHOLE COVER 8 SEED
REINFORCED CONCRETE. ,
OR PAVEMENT
TP SCHED.'40 PVC. TEES 'TO BE "CENTERED UNDER BROUGHT TO FINISH GRADEi
NOTES!'
MANHOLE COVER. 7F
-GRD. EL../619,110 .2. SEPTIC TANK TO WITHSTAND H-10 LOADING
GRD. EL.' J_0_6�_Z UNLESS UNDER PAVEMENT,DRIVES OR 1. DIST. BOX TO WITHSTAND H�10 LOADING 2 M IN,OF 1/8"
TRAVELED WAYS.WHEREIN H-20 LOADING 12"MI
GW. E L.- W-�EL- UNLESS UNDER PAVEMENT, DRIVES OR TO 1/2" 1 - I I I \11-t 11
TRAVELED WAYS WHEREIN H-20 LOADING WASI FILL
SHALL APPLY. PRECAST
STO?,
JE
HALLAPPLY.
3. ALL PIPE CONNECTIONS NCRETE DIST, I S, qED
AND CO MANHOLE COVER
-4./ BROUGHT TO FINISH GRADE Box
7 ---,D htl CONSTRUCTION- TO BE WATERTIGHT. 2. PROVIDE INLET.TEE OR BAFFLE WHERE SLj0PE OF 0
-<3ock_, Ao e,;Z v 7 Pvc I
NLET PIPE t= C=l Ca C3
INLET PIPE EXCEEDS O.O8FT/FT OR IN
PUMPED SYSTEM.
ly 13 t= c=I NOTE:
I= E= =3 M3, a %
3. FIRST TWO FEET OF PIPE OUT OF DIST
COVER .I F LEACHING PIT TO NERIAL NOTES,
12 MIN.
GE
40 BOX TO BE LAID LEVEL.
a- WITHSTAND H-10 LOADING
a cm m rn rm c=
74 .1.1 'THIS PLAN IS FOR DESIG�WAND .
PLAN VIEW UNLESS UNDER
PRECAST' 6 PAVEMENT,DRIVE OR' 'CONSTRUCTION 'OF THE SEWAGt_
REMOVEABLE
;-,.'DISPOSAL FACILITY ONLY.
COVER 0 r3 cn - I= t�J 6.00 - TRAVELED' WAY WHEREIN
;NORMAL WAT L w 3/4"TO'l
=7
- - - > 567 DOUBLE LEACHING PIT H-20 LOADING SHALL
j�ail 2- ALL CONSTRUCTION METHODS 'AND
WASHED 13 m r= APPLY.
m 3 :�
uj 1D MATERIALS SHALL CONF
"PROVIDE ORM TO MA�
LL STONE
LL_ 9,
LET TEE (no fines) 11
I I D.E.O.E. TITLE 5 AND LOCAL BOARD
197— Z9 77-0,011 '0/� WATERTIGHT dj� 1.
JOINT! �yp) 0 IM r_3 I= C= CM 0
I uj OF HEALTH ,REGULATIONS
0 PRECAST 4-0" MIN. OUTLET r-i FF'
I A D
SEPTIC
LIQUID DEPTH TEE NOTE 2 3. ALL PIPES LOCATED,UNDER PAVEM NT
E
0 C3 M CM
PF
WWTL�ET I OR,TRAVELED WAY. SHALL 13E
TANK
&�K:l N=LE T
r
1)n_
SCHEDULE 40 OR EQUAL.
A.
77.1-4- CJ1CO3l!l,&4 7-tl
Ile" -.5/ 7' ------- ------ 4.-, PROPERTY LINE INFORMATION' SHOWN
�14 )>1,4 �7,,eW<� 4 1 1 6 MIN.
L
E�
6 *' DIA, WAS COMPILED FROM PLAN BOOK 151
--BOTTOM ON
7 ",C> 7 BOTTOM ON LEVEL STABLE BASE 0;'OSV
ojD GE
4 LEVEL STABLE ft PA 133AND DOES NOTREPRESENT
D I A.
ANACTUAL SURVE Y,ON THE GROUND.
0 C.)L�D4F A?6 CROSS-SECTION BASE
PLAN VIEW CROSS-SECTION VIEW
'�40 7
TRA4SIT ,S,
CROSS-SECTION 5. TOPOGRAPHY SURVEY ,BY
V0772�,�17 (,VC STADIA METHOD.
6VO 6);q ra-l-e
CONSTRUCTION NOTES"
DATE: DATE:
INVERT ELEVATIONS.
ZONE. RF
T B Y: TEST ,BY:
TES'
INVERT AT, BUILDING
014,ecy-i
WITNESSED BY: WITNESSED BY: SE r8A CKS: INVERT A T SEPTIC TANK.OhY
Cj LIA Z 4 0, FRONT INVERT AT SEPTIC TANK(Out) Lzno.,��_o'
PERC. -RATE: PERC. RATE:
ze
15 INVERT -AT DIST. BOX40
REAR
-MINJINCH MINJINCH
INVERT AT DIST. BOX(OU0
99
SIDE 15
99
INVERT_AT, LEACHING -'Plt z1Z
BOTTOM OF LEACHING 'PIT
DAT UM
U.S.G.S. MAXIMUM GROUND
VERTICAL DATUM: 4(
J/ i 1�
WATER ELEVATION
OBSERVED GROUNDWATER
BENCH MARK USED: 2�
ELEVATION
@
B.M.
7
L
C.BASIN 0
RIM-99.011
B.m
g"
COR. OF CON
STE P. ELEV.t 106.83 F, ZWCOUNr.EAEDI��ALL": UNSUITA '
'SOIL' SHALIL 'OVED ' 'WIT fW":' '
fee';
0 ID
19, HOUNI THE
IE 10 N E� 4
4
N. j
LEA 1 NG-lFACILIT
AND: 'S HA,
V ,--P E R.EPLAtED'-lW ITH" bLEAN
-DESIGN-C RITERIA
A
SAND �:'ANDI--��-GRAV.Etl_ N ACCORD
DESIGN FLOW
' ANCE ' W TW __TITLE'�
x -xr .�
Z11
t
C) Q�l gr rrr�
7_ y
W AZ 4A t4mr
ol [The BSC(3roup-
REQUIRED SEPTIC TANK
QD
4,e
X-1 ISO GAL.
1/0
k SEPTIC TANK,PROVIDED:'
0 GAL.
J,
J
Cad
-A
SIZE OF LEACHING FACIL(4TYRE�OUIRED:
SIM PERC. RATE.
n t
'FR l.ANK Dt MINJINCH
WHITING
§t"V
F.
A&Z Ar
eo_l
'7," 362
PROFE.551ONAL LAND ,SUOVEYOR DATE ,
b PROJECT,�'TITLE:,
SIZE OF LEACHING FACLITY PROVID
ED:
15'
OF
SEWAGE 'DISPOSAL
5Ti
4
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