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HomeMy WebLinkAbout2231 MEETINGHOUSE WAY/RTE 149 - Health (2)!�'m +. �s-n ..Baer..�„`�.t:.�� ,. ..; ..;_�.-.�y _: q 9 r�.���+, .�.� .3'.:..1 ::_ _ � R'^.�_c' k i tyil �g 1.} � ' _t"Hf "tea, d, ��.,i • 'i�'�i3�t�:'�°.�Y'�&r��. rt . ����q:�i '�'�;5{u, '� � �y;�r .3 t��-<t� 9 8�`w x "i,. .. .T� :�c6� ;,�� i '� •,hi:� �i,'S'i. S Y �p •..�a�r,. r e �q:.. �,��4't, ��r.� "a,,,=� rryx �. .�} •d i :.� 5.t,�r,. 't�Z �- s. �'�S �� �?"�r -pp,.�' ,F u=�;, 3r, a ai ;�, .� x ti. 5 - i -� i :� �e,�.`; a '"f�t .-�'•:- �.�b_i•�� ie4 ${ 7' �n"rttie,e n'°�,e.t ,.{r _ i �"�` �?r<b 4 sir �F !-�,,� � ei'?Y 4w �t�,_�i $`.� s,�M ,� r- ,a '. 't .o _ x - ��/, .+tom tf i i''+• 9t h n�`}K gV t d b C ,tiY 7 'Y+ i ji t V7 s� . �-- — i r 1. -- _ Date: /.1/ 3 /20 t �� TOWN OF BARNSTABLE TOXIC AND HAZARDOUS MATERIALS REGISTRATION FORM NAME OF BUSINESS: ��e ��,�� ,,&c,c,'�ure, LLc- BUSINESS LOCATION: 2281 INVENTORY MAILING ADDRESS: wit, C*:,L TOTAL AMOUNT: TELEPHONE NUMBER: ZZ- CONTACT PERSON: �yb� lti9,lC s EMERGENCY CONTACT TELEPHONE NUMBER: MSDS ON SITE? TYPE OF BUSINESS: INFORMATION / RECOMMENDATIONS: Fire District: Waste Transportation: Last shipment of hazardous waste: Name of Hauler: Destination: Waste Product: Licensed? Yes No NOTE: Under the provisions of Ch. 111, Section 31, of the General Laws of MA, hazardous material use, storage and disposal of 111 gallons or more a month requires a license from the Public Health Division. LIST OF TOXIC AND HAZARDOUS MATERIALS The Board of Health and the Public Health Division have determined that the following products exhibit toxic or hazardous characteristics and must be registered regardless of volume. Observed / Maximum Observed / Maximum Antifreeze (for gasoline or coolant systems) Miscellaneous Corrosive ❑ NEW ❑ USED Cesspool cleaners d/ I automatic transmission fluid Disinfectants Engine and radiator flushes Road salts (Halite) Hydraulic fluid (including brake fluid) Refrigerants Motor Oils Pesticides ❑ NEW ❑ USED (insecticides, herbicides, rodenticides) Ll D JbikGasoline, Jet fuel,Aviation gas Photochemicals(Fixers) 6Diesel Fuel, kerosene,#2 heating oil ❑ NEW ❑ USED ri Photochemicals (Developer) Miscellaneous petroleum products: grease, lubricants, gear oil ❑ NEW ❑ USED - Degreasers for engines and metal Printing ink Degreasers for driveways&garages Wood preservatives (creosote) Caulk/Grout Swimming pool chlorine Battery acid (electrolyte)/Batteries Lye or caustic soda Rustproofers Miscellaneous Combustible Car wash detergents Leather dyes Car waxes and polishes Fertilizers Asphalt&roofing tar PCB's Paints, varnishes, stains, dyes Other chlorinated hydrocarbons, Lacquer thinners (including carbon tetrachloride) ❑ NEW ❑ USED Any other products with "poison" labels (including chloroform, formaldehyde, I/ 5Paint&varnish removers, deglossers hydrochloric acid, other acids) Miscellaneous. Flammables Other products not listed which you feel Floor&furniture strippers may be toxic or hazardous (please list): Metal polishes Laundry soil &stain removers (including bleach) Spot removers &cleaning fluids (dry cleaners) Other cleaning solvents Bug and tar removers Windshield wash WHITE COPY-HEALTH DEPARTMENT/CANARY COPY-BUSINESS pplicant's Signature Staff's Initials_� i " ROBERT A. BIANCHI AND ASSOCIATES ROBERT A. BIANCHI _ ATTORNEYS AT LAW TELEPHONE (508) 775-0785 PAUL V. BENATTI (ASSOCIATE) FACSIMILE (508) 778-9486 • 55 SEA STREET EXTENSION POST OFFICE BOX 128 HYANNIS, MASSACHUSETTS 02601 June 25, 1999 VIA HAND DELIVERY Mr. Thomas McKeon, Health Agent Board of Health Town of Barnstable 367 South Street Hyannis, MA 02601 RE: Blue Stream Trout Farm -Documents Dear Mr. McKeon: As I stated previously, I am forwarding to you a series of documents that were in my client's file and that of Jonathan D. Fitch, Esq. A list of the documents;are attached. They are 22 documents in number. I am also enclosing a copy of my letter to you dated June 16, 1999. As I indicated in my previous letter to you, we are concerned that there appear to be documents missing from Dr. Miller's Board of Health file. We want to insure that his file with your Board is complete. Until Dr. Miller's engineer returns from vacation, we do not believe we can definitively resolve any issues which may be outstanding. However, I believe that the documents enclosed will greatly assist you in your review. Although we will revisit the issue in greater detail in the near future, I want to convey Dr. Miller's thoughts regarding the "nitrate" allegations you raised. Studies performed by hydrologist Andrew Miller for Larry Nickulas in connection with the Cape Cod Commission hearings on the proposed Conant Nursery development were based on multiple samples from the water supply to the farm and one sample from the last trout run. All of these samples are above and in the opposite direction from the groundwater flow from the septic system at the farm, and therefore are not likely to indicate whether the septic system is adequate or not. However, these samples did not show increased nitrates; indeed the level of nitrates were equal or less than the levels measured at the inflow from the Conant property line. It is our understanding that nitrates are the major toxic effluents from waste disposal. These samples did show an increase in free nitrogen and ammonia, which are by-products from the trout metabolism. This is not f surprising since the farm raises trout in the runs. However, the measured levels were well within any standards. Furthermore, after the last trout run Dr. Miller maintains a settling pond and wetlands area that returns the levels of free nitrogen and ammonia to those present at the water source before the water flows off his property. Andrew Miller took another waste sample from the creek about '/2 mile downstream from Dr. Miller's property. This sample would reflect the outflow from the farm as well as contributions from 2 additional streams and houses on Willow Street. All parameters from this sample apparently were well within acceptable limits. As we stated previously, if anyone is concerned with water quality it is Dr. Miller,the trout require a higher quality of water than is required by any human standards! There is one further matter. Please give us the name and address of the party or parties who informed your office that there was a nitrate problem on Dr. Miller's trout farm. It is important now and will be in the future to know the identity of this party or parties, since they are providing a town department with false information, to the detriment of Dr. Miller. As soon as Dr. Miller's engineer has returned from vacation and reviewed the matter, I will contact you. Until such time, if you have any questions regarding the foregoing, do not hesitate to contact me. Thank you. Ve*A. hi RAB/es Enclosures. cc: Dr. Wayne A. Miller I ROBERT A. BIANCMI ROBERT A. BIANCHI AND ASSOCIATES PAUL V. BENATTI (ASSOCIATE) ATTORNEYS AT LAW TELEPHONE (508) 775-0785 55 SEA STREET EXTENSION FACSIMILE (508) 778-9486 POST OFFICE BOX 128 HYANNIS, MASSACHUSETTS 02601 June 16, 1999 Mr. Thomas McKeon, Health Agent Board of Health Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: Blue Stream Farm - Wayne D. Miller Dear Mr. McKeon: The purpose of this letter is to confirm our conversation of last week. Dr. Miller has no intentions of violating any regulation, local order or statute regarding his property on Meetinghouse Way. He has every intention of cooperating with you and the other Town officials in this regard. He, more than anyone else, is committed to maintaining the water quality of the trout farm and surrounding areas. As you may be aware, trout are extremely sensitive to contamination of almost any type, more so than even humans. We are currently reviewing all of the issues regarding water quality, ground water flow, the septic system to his building, permits, variances and other matters for which your office and the building department are involved. He has engaged the services of Down Cape Engineering for this review. Unfortunately, the principals of that firm are currently on vacation through the end of June. They have promised that they will give this matter their attention upon return to the office. In the meantime, we have independently reviewed all of the documentation in our possession relating to the septic system and building permits. It is apparent that the previous owner of the farm had a less than good relationship with the Town. Dr. Miller has every intention of cooperating to insure that all regulations are complied with to the fullest extent. On or about June 10, 1999, Dr. Miller requested his contractor, Sturgis St. Peter, to obtain copies of all documents from your office relating to this property. The purpose was to insure that the documents in our possession reconciled with yours. Mr. St. Peter was presented with four(4) documents: a Building Permit Application dated 11/16/95, two (2) septic permit applications with sketches (one dated 11/20/95 and one undated); a plan dated 8/15/90 by Eagle Surveying and Engineering, Inc., and a copy of a 1983 variance. He was told that the above constituted Dr. Miller's complete file. In 1990, Dr. Miller's attorney obtained copies from what we believe to be the same file. The documents contained in the file today are not the same as those contained in it in 1990. It is our hope that the missing documents have not be removed from your office. It may be that the confusion that has developed is a result of your not having a complete file. We would like to resolve this issue as soon as possible and would like to share the documentation in our file with you. The preliminary discussions with the engineering firm indicate to us that the septic system is in full compliance with the orders and regulations, most significantly with Title V. The only problem that may exist (based upon the concerns raised in the 1982 correspondence, but not mentioned in the 1983 variance letter) is the distance between the well and the septic tank. If the engineers determine this to be the case, Dr. Miller will move the well. We believe that some confusion has arisen relative to the previous variance that was granted by the Board of Health. The reason cited for the 1983 variance was that the leaching field was less than 100 feet from the wetlands. The certified site plan prepared for the current addition by Down Cape Engineering shows the edge of the wetlands at well more than 100 feet from the septic system. In addition, the variance and possible orders expired in 1984. The certificate of compliance issued in 1990 did not refer to the 1983 variance, but to conditions from 1982. Dr. Miller had never seen the variance, nor was he aware of the 1983 conditions. Prior to purchase of the property in 1990, Dr. Miller's lawyer, Jonathan Fitch of Sandwich, requested copies of all of the documents in the building department and health department files relating to the subject property. The 1983 variance was not included. In any case, we should have a definitive opinion and statement from the engineers within the next 30 days. We will immediately provide you with a copy upon receipt by us and plan to work with you to clear up the confusion that exists in regard to these issues. Notwithstanding the foregoing, in the spirit of cooperation and a desire to insure that the water purity is protected, Dr. Miller will agree to a limitation of occupancy to two people (and one bedroom) until the matter is satisfactorily resolved. If we can provide you with any other information, please feel free to contact me. Should you have an interest in viewing the site, we would be most pleased to meet with you. Thank you. Ve y rs, e . B anchi RAB/es cc: Dr. Wayne A. Miller r Jun-11-99 11 :29A POC: 781 861-7648 P.02 c t.v MAC NEILL&FIT CH ATTORN[v5 Ar LAW r.As...+t�.5A m Hours Cnf.�.V_ vnsr Orrrf 44A $Ar+uwKM.MAssnc Rn•wse rrs w•.s3 \` trM.c nlu Iricnror<xer�:.cl A AN O. TVRNER I ` File R-3893 i Apr 1 10r 1990 Robert J. Donahue, Esquire Fern and Anderson PG Box 518 Hyannis, MA 02601 RE: Rathbun to Miller Dear Bob: I have completed a title search of the property which is the subject to the above referenced transaction. Robert I.. Rathbun and Lorna D. Rathbun claim title by a deed aom Robbins recorded June 2 1981 in Book. 3297 Page 39. Current title is subjact to the matters listed below and require some action o, behalf of the sellers: 1. Mortgage to MFC tortgage Company, Inc. dated May 21, 1986 recorded in nook 5096 Page 339. I am unfamiliar with this compan9 and request a pay-off in writing. The address listed is 100 Rustcraft Road, Dedham, MA. 2. Mortgage to Falmouth National Bank dated May 9, 1989 recorded in Book 6257 Page 235. I can arrange for pay-off and discharge of this lien. 3. Conservation Comrission Order of Conditions pertaining to relocation of .i cottage and installation of a septic system dated October 19, 1982 recorded in Book 6956 Page 247. The File number is SE3-921. I am unable tc find a Certificates of Compliance which is called for by Paragraph 21. V.e Certificate needs to be recorded. Jun-11-99 11 : 29A PDC 781 861-7648 P.03 Robert J. Donahue, Esquire April 10, 1990 Page Two 4. An unredeemed tax taking by the Town of Barnstable was recorded September 30, 1985 in Book 4730 Paa_e 37. A redemption must be recorded. 5. The narrative description of the property contained in the deeds in the chain of title aoes not match the plans that are recorded. Title passed from Milliken to Robbins in 1961 by deed in Book 1117 Page 570. The deed described one property. In 1974 P.obbi;ia had a plan prepared showing the property as one parcel of 4.65 acres. The southwest abutter is shown ao Conant. The plan is recorded in Plan Book 307 Page 63. In 1981 Robbins had a second plan prepared showing what is now called Parcel II to the southwest of the property shown on the 1974 plan. I find no deed fot this parcel and assume that Robbins believed it was contained in his deed, but somehow omitted from the earlier plan. This second plan also shows a small piece that apparently shculd not have been included on the earlier plan. when I compare the plans to the narrative in the deed as to this southwest boundary area, I find no basis for the inclusion of Parcel II and the way this boundary is shown. Enclosed for your reference are copies of the plans and a copy of the deed description. b. A life estate in locus for Everett Milken terminated with his death in 1967. 1 am still looking for a recorded death certificate. 7. A notice of Agricultural Land Tax Lien for 1986 is recorded in Book 5294 Page 225. Each of the foregoing items affect!; the marketability of the property and requires clarification. I hope to resolve Items 6 and 7 myself, but I wanted to get this letter out as soon as possible. Please call me to go over the way to proceed. 1 am most concerned about my inability to reconcile the descriptions in the deeds and plans. Do the Rathbuns have a title insurance policy? Please also advise about the status of the house and hatchery tenants. Very truly yours, JONATHAN D. FITCH JDF/hff Enclosures cc: Dr. Wayne Miller f Jun-11-99 11 :29A PDC 781 861-7648 P.04 ,.t { �'j*reryer�laD AH '�` ,�Itxa4' setts c�itle �J�l$urtz:tte fllniapun� . so 31e5con Atccrt t�defsx: 817.227.4767 iTydCp Q�tr. �iodaq oweLuulU O210B bl_ 23iibi S �' Mal 15, 1990 'nt-t,u.t.y, _, .. !;squire and H<glkins a_x 4S, B Gt.aoia. xn p7r,:io Re: Meetinghouse Way Barnstable Policy No. 505920 , Policy a<, gill provacl'' in indorsement tc an owner s That Will assure that at the dote of dh escribing : t oPmve )•' 1e' 1 c be prepared, titlad and recorded! d .y t;st T.he "11P tO r rozrect location and dimensions r it insures the insured against lase insured pzemi'P` thaws he that said assurance aid p=-em.ises and _hat th" event the policy. 1 h gajQ insured shall avetalioithe face amount of pro`u Lc. incorrect""up ainat form of pOlicy also insures the insured eg Phe yWnP.� amount of the policy incurred jr da,nage Up to the face of the title- ustair,nd by.reasui, of unmarket•ability 7 sugyu t' that can affirmatively insure that tags s-r,vian subsequent 0"ners orrmare9madosin ruUUCht caU Ile 1 the premises occuS ided t:,l nn ::h.,nce� to int%zvenic, pori-1- Very truly yours, hUr vitagiiano counsel r_ i „� t Jun-11-99 11 :3OA POC 781 861-7648 P.O5 ,J i MAC NEILL F.t FITCH A�fC4,QYL•t LAµ' { T.Nr.•rxu trout .( a@ Feud.6A VII 'I mR Fr,.'Nv •d; ...I 5•r+uw+cn.Mass•CwxrT:v>',os ,IW M^ TR.[ASK AK MM,W r:bcr^ J. :irna'iu. --'squire ru':t and artrle::•.trr:: DO 00.1. SIR ":1:: :':.A Llil)i]I. 1,,I :•iliP.r IJr�:l i t4VIJ: rids is I:rl x,;tiirr: our telephone conversaticn earlier today. h,tva s!.x;kan ..�, pr. Miller regardinamg alternatives and a :i:c following proposals: rt:a t.l;u Qution will be completed according to it tcilus except_ for quality of title upon the i::+uilliL: of an owners' policy of tit«• insurance >Y %�F'aciluyetts Title Insurance Company to the :wpc•rc trr $275,030 of coveraga. The policy Sha1J contain three specific p.ovisions consistent ""111 .tLo thres subjocts covered in Vitagliano's 1ct•t�r r1at.od May ',5, 1990 (copy enclosect) , All u*t3 associated with the policy including premium ,nd ToutDlcNulty's fee shall be paid for by the seller. A An ,7 pl] lctical matter. the closing will be delayed until n ncry plan is prepared and recorded. This new ItUHII ;rust• confirm that all runs, springs and •111Y L't'::iirmr:nt associated with the hatchery are located vri.thin the boundaries. )soy i nnirar ,Tulle 1, J 990 and until the policy can be •cucuad, nc. Miller will rent the premises from the `;cllor iul. 5600 per month, in advance, plus utilities. Ur'. Millar will also complete the agreed purchase of perc:ono'! property from Mr. Rathhun on June lst for �1,IIUh, %.[J. tJirrY terms of the purchase and sale agreement latcu l,ur; 2, 1990 shall remair. ii: ef:`ect• t I i r Jun-11-99 11 :3OA PDC 781 861-7648 P.O6 p Ruh,.-rt.!. Lora-liue, Esquire say 23, j w.0 ' -'• 'I% client will complete the purchase as soon as yc.0 wish accepting the title that the seller can rc :jivc• without recourse in consideration of a "" 0 00 price discount. Under this proposal, Lh-° buyer will acceut and pay for all costs of —.curing the title insurance including Tom Mchuity's f«ti. Tom McNulty has estimated his fees at 1Q't• MV know how you wish to proceed. The Vitagiiano F'ctrstia:ies me that title insurance is the Host efficient �a+e tr. I-hu uncertainties of this tiLle and Chat a policy WiliCh .11ccLa the buyer's needs will uiLi.:^.ately be available. < �:�� =:�sLs ca rFtting to that point in time are, however, unknown. i.ruiy yours, !• .u'f S f Jun-11-99 11 :30A PDC 781 861-7648 P.07 MAC NEILL & FITCH ATTORNEYS AT LAW TUDOOR Het HOUSE 88 ROUTE BA POST OFFICE BOX 549 SANDWICH.MASSAOiUSETTS 02563 JAMFS R.MAC NEILL T$.EFFpNE CM WS-2453 JONATHAN D.FITCH _ FAX OM 885-7350 CI.EON H.TURNER File R-3893 June 21, 1990 Dr. Wayne A. Miller 5 Stonehedge Road Lincoln, MA 01773 Dear Wayne: Confirming the telephone report of last Monday, congratulations , the property is yours! Enclosed please find copies of the following: 1. Deed 2. Mortgage 3 . Promissory note 4. Settlement Sheet 5. Smoke Detector Certificate 6. Check for $130.92 ( the difference between rent due back to you and your share of taxes for 12 days) 7 . Copies of papers from the Board of Health file for -�� your information. Subject to the clarification of the Conant boundary, acceptable to Massachusetts Title Insurance Company, it is my opinion that you have received title which is insurable and, with the insurance in effect, will be acceptable for bank financing and transfer. We have taken a calculated risk which is minimal, but one that I want to erase as quickly as possible. My plan is to take a brief look at the Conant title to see if there is already something on record that might qualify as a binding acknowledgement of the boundary as we maintain it is. A plan would satisfy this requirement. If I find nothing, I will find a surveyor to prepare the plan that the title company has requested and proceed through its r Jun-11-99 11 :30A PDC 781 861-7648 P.08 Wayne A. Miller June 21, 1990 Page Two attorney as has been previously set out. I expect this will all take two months and that your costs would not exceed $6, 000. Thank you for the opportunity to assist. Please call if you have any questions. My s-satement is enclosed. It is about three times what it should have been. Very truly yours, ;JO;w i D. FITCH JDF/hf f Enclosures P.S. I am also following up on the septic plans. Jun-11-99 11 : 56A PDC 781 861-7648 P.03 MAC NEILL & FITCH ATTORNEYS AT LAW TUOOst HP L HOUSE 80 ROUTE 6A POST OrFIrF,Box 1,49 SANDWICH,MASSACHUSETTS 02563 JAMES R.MAC NEILL T ELEPHONE GM se9-za53 JONATHAN D.FITCH FAX 15=668-7350 CLEON H.TURNER File R-3893 September 14, 1990 Thomas J. McNulty, Jr. , Esquire McNulty & Hopkins 1441 Route 132 PO Box 457 Barnstable, MA 02630 RE: Wayne A. Miller - Land in West Barnstable Dear Tom: i am very pleased that the plan that I had prepared is satisfactory. A copy i:: enclosed for your records. The original is recorded at the Barnstable County Registry of Deeds in Plan Book 475 Page 53. On the belief (unconfirmed) that your title work on this property stops as of May 21, 1986 which is the date on which you recorded the Rathbun mortgage, I submit_ and hereby certify to you that the complete record subsequent to that date is as follows: 1. Title now stands in the name of John R. Sherman and Wayne A. Miller, Trustees of Blue Stream Realty Trust under a Declaration of Trust dated June 26 , 1990 and recorded in Book 7212 Page 142. Titla passed from Rathbun to Miller in Book 7129 Page 142 and from Miller to Sherman and Miller, Trustees by deed dated June 26, 1990 and recorded in Book 7212 Page 148. 2. There is a mortgage outstanding from Miller to Robert L. Rathbun and Lorna D. Rath.Iun dated June 18, 1990 and recorded in Book 7197 Page 145 . Tale original amount of the mortgage is $180, 000. 3 . Prior outstanding mortgag•:!s recorded May 21, 1986 in Book 5096 Page 339 and rec:orde:l May 9, 1988 in Book 6257 Page 2.35 have been paid off and discharged on the record. Jun-11-99 11 :56A PDC 781 861-7648 P.04 { Thomas J. McNulty, Jr. , Esquire September 14 , 1990 Page Two 4 . An Order of Conditions from the Barnstable Conservation Commission was finally recorded November 15, 1989 in Book ...-7 6956 Page 246. A Certificate of Compliance is recorded in Book 7152 Page 137. 5. A notice of tax assessment for the fiscal year 1986 is recorded in Book 5294 Page 225. 6. Municipal Lien Certificates were recorded at the time of closing in Book 7197 Pages 148 and 149 . Copies are enclosed to show the status of the tax account as of the time of closing. No tax payments are yet due for fiscal 1991. I have ordered new Certificates and will record upon receipt. If there is anything further you will require regarding title, please call. It is also my understanding that the cost of securing an owner' s policy with coverage limits of $265, 000 will be $1, 445. 50 (Est. ) , which price includes premium for coverage as long as title is held as it is now, and your fees. Payment will be made promptly- upon issuance of the policy and your statement. Thank you `or your assistance. Very truly yours, JONATHAN D. FITCH JDF/hff Enclosure cc: Wayne A. Miller Jun-11-99 11 : 56A POC 781 861-7648 P.05 r(cNULTY AND 11UPKI4S, (,(.•Q.•� 1TTOHNCTI AT LAw P097r O'rice Box-w, /✓ a_ 1�';y� . HARNXTAbLe,b1AssAo,r II�R'f i=:uc,cr., D � St.X T)1•XOIII ��~� THO-9 J.MCNVLTY.JR.' JoHN P.MCL...K.rs JOIN B.HOPK/NS nr cntrf to •auo•orrlTta,}X�r......Me October 5, 1990 c' Jonathan D. Fitch, Esquire MACNEILL S FITCH P.O. Box_ 549 Sandwich, MA 02563 RE: Rathbunlmil2er, at al Route I49 Nest Barnstable Oar �fZe Na 6418 Dear Jon: With reference to our conversations of October 4 and your letter of September 14, 1990 it is my understanding that you will provide :: revised certification letter commencing March 28, 1986 (date JI' recording Rathbun mortgage to Multibank Finance Corporation e;. Instrument No. 35047) through recording of all documents in connection with the Rathbun transfer to Miller and Miller's deed to the trust cr June 26, 1990, specific reference to be made to good record and marketable title. You will provide copies as 'recorded, with Registry data noted thereon, of all instruments invol-ad in these transfers including but no,. limited to Rathbun deed tc Miller, Declaration of blue Stream Realty Trust, deed from Miller to Trust, Miller to Rathbun mortgagc, Barnstable Conservation Commission Order of Conditions and Certificat^ of Compliance, MLCs and tax redemptions. Date and time of recording of all instruments should be provided an Mass Title Company requiras this information on examiner reports. Your letter should also specifically state (assuming, of course, that such is the case) that there are no easements, restrictions, covenants, liens or taxes outstanding (except for fiscal year July 1 1990 through June 30, 1991 not yet due and payable). It is my understanding, bated on conversations and correspondence with Arthur Vitagliano, counsel for Massachusetts Title Company, that Mass Title will issue title insurance with endorsement as generally described in Mr. Vitaglianc's letter of May 15, 1990, a copy of which was shared with you and which you found to be satisfactory. A final decision on coverage will ke made by Mass Title when the examiner's I • Jun-11-99 11 :57A PDC 781 861-7648 P .06 i MCNULTY AND ilOPNINS, Jonathan Fitch October 5, 1990 Page Two report is filed and, neither the insurance conpany nor this office assume any obligation with respect to this parcel prior to the issuance of a policy. I acknowledge as accurate your understanding that the cost of securinq title insurance through Massachusetts Title Insurance Company with owner coverage limits of $265,000 will not excaad $1,445.50. This quote assumes that you will provide suitable title certification letter and copies of documents as discussed and •:hat this office will not be required to engage the services of a titl,n abstractor or incur expense for registry copies or other charges. Your letter mentioned that payment would be made promptly upon issuance of the policy. While I have no objection to that in principal, in order to obtain the policy the premium has to be enclosed with the examiner's report. Consequently, I would appreciate it if payment coald be included with your certification letter. I'll deposit the entire amount to client's trustee account, remit the premium and hold the remainder in escrow until the policy issues. I know your anxious to conclude this matter. I'm ready to go as soon as I hear from you. Sincerely, MCNULTi F�S, P.C. By,. Thoras J. McNulty, Jr. TJM/paq Jun-11-99 11 : 57A POC 781 861-7648 P.07 MAC NE¢L&FIT CH A r rr»rcsva AT LAW / ee li(W t�ea ao�r,�rrc eoR�m t` s nhnwtrl 1,hlA SinCINV I IS bJ'�4t JA.1"R.MSC NERL _ i I nw.ram .xn♦ AINA IrM,N U.HICM / ,�•neR M�,hp GCON N.TURNER f tr1 1 File R-3893 i October 12, 1990 / Thomas J. McNulty, Jr., Esquire McNulty and Hopkins 1441 Route 132 PO Pox 457 Barnstable, MA 02630 RE: Wayne A. Miller - Land in west Barnstable Title from May 2 , 1986 Dear Tom: Thank you for your letter of October 5, 1990. I hope the followinq will fully satisfv your requirements. I have examined the record title to the land now shown on the corrected plan recorded in Plan Book 475 page. 53 and hereby certify that the record is as follows: 1. Title now stands in the name of Jola R. Sherman and Wayne A. Miller, Trustees of Blue Stream Realty Trust under a Declaration of Trust dated June 26, 1990 and recorded in Book 7212 Page 142. Title passed from Rathbun to MiLler in Book 7197 Page 142 and from Mil:e•r to Sherman and :tiller, Trustees by deed dated June 26, 1995 and recorded in Hook 7212 Page 148. A copy of each document identified is enclosed showing recording reference and date. 2. There is a mortgage outstanding from Miller to Robert L. Rathbun and Lorna 0. Rathbun dated June 18, 1900 and recorded in Book 7197 Page 145. The original amount of the mortgage is $180,000. A copy is enclosed showing recording reference and date. 3. Prior outstanding mortgages recorded May 21, 1986 in Book 5096 Page 339 and recorded May 9, 1988 in Book 6257 Page 235 have been paid nff and discharged on the record. A copy of each of the discharges is enclosed showing recording reference and date. Jun-11-99 11 : 57A PDC 781 861-7648 P.08 Thomas J. McNulty, Jr., Esquire October 12, 1990 Page Two 4. An Order of Conditions from the Barnst»le -onservation Commission was finally recorded November 15, 1989 in book 6956 Page 246. A Certificate of Compliance is recorded in Book 7152 Page 137. 5. A notice of tax assessment for the fiscal year 1986 is recorded in Book 5294, Page 225. 6. Municipal Lien Certificates were recorded at the time of closing in Book 7197 Pages 148 and 149. Current Municipal Lien Certificates have been recorded in book 7311 Page 306 and Page 307. A copy of each is enclosed sl+cwing recording reference. 7. A tax taking recorded in Book 4750 Page 37 1-z:s been redeemed by Certificate recorded in Book 7256 Page 11',. A copy of each of these documents is enclosed showing recording reference and date. The records at the Barnstable County Registry of Deeds do not include the time of recording (time stamp) and I am, therefore, unable to provide that information. The request strike; me as unusual and I hope you can waive it Please let me know its quickly as possible: I am very anxious to get this lob cunpleted. Very truly yours, JONATHA4 D. FITCH JDF/hf Enclosures Jun-11-99 11 : 57A PDC 781 861-7648 P.O9 sue- April 6, 1983 �,y-'1�"�\ 1 the. hat.^.ha.iy. \���`'"\` 3Rc�Set�n�tfi$tin= �� .::• %. , :5;�::. Cc.v,.2 �dz`.�--� .� 502668 [ t tiC se- .°:r _Tr mt�gaM.• ROute� 149.,--West Barns U Dear Mr. Rathbun You are.. granted a variance to install a septic leaching trench 75 feet frixa wetlands as designated by the Conservation Commission, An lieu 3f the required 100 feet, at your Trout Hatchery, Route i9, We:t Barnstable. In addition, you are granted a variance to cate z' Well: 07 feet from a leaching trench, in lieu of the re quired I;SQ'`felt:-' The following conditions must be met: Cl) , The caretaker's cottage can only be one bedroom with a Maximum `occupancy of two persons. (.2 ) Clotheswashers, dishwashers, and garbage disposal pys- tems cannot be installed. ( 3) The designing engineer must supervise the construction oi' the septic system and certify, in writing, to the 8aard that his design has been strictly adhered to. (4) Prior to the issuance of an occupancy permit, the well must be installed and the water tested bacteriologically and chemically. The water must meet all of the standards established by the Safe Drinking Act of 1974. The propcsed system meets all of the regulations contained in Title 5, of the State Environmental Code. This variance is granted to up grade an existing facility that has the potential to harm the environment. It was also granted with the understanding that a caretaker was re- quired on the Property at all times because of continuing vandalism f Jun- 1111-99 11 : 58A PDC 781 861-7648 P . 10 Mr. Bobert Rathburn April 6, 1983 Page z at the hatchery. This variance expires May 2, 1984. Gy� tr.. ftbert Rathbun 7 yours, .a __ e 4?� Ro t .isiiida, Clukirman : , Ann J I Es aug Bow. ar..BPALmi cc: C•onsewvatism>. cbmmissfnn• u • .. :+::��..:.a :�•. ems:. I ttru :. LOLLP :�} err•: y•, :s � .�r. .•- KIn • i� Ci�(� �: e� — _' :\' i. .. _17... ... 1:. tea.: t 1ti:4iltai +.iu '..::�sc :�: tali', t� _ _.' taJ Vft t1Lf! 21�7f)CI' _� .j'.. •11 � .. �i.L-!S'.7 � f . . . ' . 7 •f.e`�:A_. Jun-11-99 11 : 58A PDC 781 861-7648 P. 11 J UN — 4 - 90 MON 1 4 : ! ,7 TOWN OF BiiF'dN = P 9 ? -- g 114 ` 'TOWN OF BARNSTABLE OFFICE OF ()--e_ 31tui t �sr j BOARD OF HEALTH � y" r M Q ®� 387 MAIN 8TRf:ET �e - HYANNIS, MASS. ozeot September 17, 1982 p 1 ` ad Mr. Paull Anderson Regional Environmental Engineer 4 D. E. Q. E. - Southeast Regional Office 0 Lakeville Hospital Middleboro, Ma. 02346 Dear Mr. Anderson: The Board of Health approves the installation of a holding tank on Mr. Rathburn' s property located on Route 149, West Barnstable, 'bass. We are reluctant to approve a tight tank but in view of the vanda- liem at Mr. Rathburn' s fish hatchery, feel the use of a tight tank to service a carhtaker's •cottage is justifiable. it would be impossible to construct an onsite system to meet Title 5. Even♦� if variances were granted, an onsite system wo uld harm the, en- vlrt)rlttleur- Clue. l.V U&C rvllvnli•.y (1) Depth to ground water is 2h feet. (2 ) There aro streams, springs, trout tanks and wetlands leas than 50 ::eet from any area that could be used for a leaching facility. ( 3) Any proposed leaching area would be much closer than 100 feet from the well on the property. Mr. Edwin J. Pina , a licensed septage handler, has agreed to puirp the tight tank on a monthly basis. The Health Department will, also monitor the use of the tight tank on a regular basis. Very truly yours, r;�v K/eV yrticla LA ••���•.�. .,40 1011}%t 4nl th for �--> TOWN OF BARNSTABLE BOARD OF HEALTH Robert L. Childs, Chairman Ann Jane � G (�`r H. F. Inge,s, M M.. D D.. JMKf mm r Jun-11-99 11 :59A PDC 781 861-7648 P. 12 JUN — 4 - 90 MO V4 C) 1= EIARN 67-1 execu4"e, ®r«e o� (onriKanmenta` r� -� � .;L'e�f�r��inex� a� (D•�i rrr'xa�r.»tenfal �uall� �n�<�l�t'xr'�� ANTHONY D, CORiESF 5e 0 y/ ✓aI/(���rtJ/ :JfiarO/n� Commf�,lonor .Za�itw�li .J(y�r/.r/, .lu�itv�l�,✓.�(I.IJJur�iiir//J PAUI T. ANDERSON rest..... J4!•1[�I, tx:. OtSU OLD November 18, 1982 Down Cape Engineering RF: BARNSTABLE--Subsurface Sewage Disposal 926 Main Street System--Proposed Tight Tank for Route 6A Robert L. Rathbun, Located at Rathbun Yarmouth, Massachusetts 02675 Trout Farm, Route 149: Meeting Hotise Way . Gentlemen: The Department of Environmental Quality Engineering, Division of Water Pollution Control, in response to requests relative to the above referenced sewage disposal system, has had one of its angineers review a tight tank plan in one (1) sheet titled: Sewage System in Barnstable, Mats. owners Robert L. Rathbun Scale as noted July 29, 1982 Down Cape Engineering 9/13/82 Rev. Per B50H Civil Engineers 9/16/82 Rev. Land Surveyors Rts 6A-Yarmouth, Mass. it The plan proposed to dispose of 110 gallons of sewage per day from a caretaker's dwelling by means of a 2500 gallon capacity holding tank equipped with an alarm designed t sound at three-fifths (60%) capacity. In addition, a 1000 gallon reserve holding tank is also proposed. The tank shall be pumped as necessary and the contents disposed of at the town eeptah receiving facility at the Barnstable treatment plant on Hearse's Way, as outlined in a slaned prnpnQal from Idtiin J. Ains qr, L Rnn Tnn. AareA 17 SeproMpr 1qA?. The Department of Environmental Quality Engineering hereby approves the plane with the following provisions: 1. Chlorination shall not be provided, 2. The three-fifths level alarm warning system shall include both a bell And Indicator light. 3. The Barnstable Board of Health must certify that the system will be monitored b them to Insure that it is being properly operated and maintained. Jun-11-99 12 :OOP PDC 781 861-7648 P. 13 JUN - 4 - C910 MON 1 .4 : =; 9 TOWN 17F BARN :7- R 2 r r 4. Failure of the owner or other person (a) having control of the tank to pre- vent overflow conditions and to insure proper maintenance will Constitute sufficient grnunds fnr the roynirat,ion 9f approni for us9 of tho gyster S. ` Construction of the system shall be in strict accordance with the approved plan and Title S of the State Environmental Code. No changes will be made in the approved plan without prior written approval of this Department. 6.- A Disposal Works Construction Permit must be obtained from the Barnstable Board of Health prior to the start of any construction. 7. Prior to backfilling. the system, written certification that the bolding tank has been installed in accordance with the approved plans and Title S must be submitted to the Barnstable Board of Health and this office by the Registered ,! Professional Engineer who stamped the plan. Nothing in -this provision is Intended to interfere in any way with the right of the Board of Health to i"opeer the prnjont far11tt1e■ ditrins any 0444 0f construction. 8. This proposal must also comply with any requirements as set forth in the Order of Conditions issued for thia project on October 19. 1932 by tits Barnstable Conservation Commission under File No. SB 3-921. The holding tank shall not be utilised until a Certificate of Compliance is issued by the Barnstable Board of Health. No environmental notification form is required to be submitted for this project since it is exempt under the Environmental. Protection Regulations of the Executive Office of Environmental Affairs and the project has therefore been determined to cause no significant damage to the environment. Enclosed, herewith, are stamped. approved copies of the plan, a copy of which roust be leapt nn the sit* and uapd fnr construction Pt#rposes. Very truly yours. For the Commissioner Robert P. Fagan Deputy Regional Environmental Engineer F/TK/re Enclosure ce% Barnstable Board of Health Town Hall Hyannis, Mass. 0260E Robert L. Rathbun Box 194 W. Barnstable, Hass. 02668 i Jun-11-99 12:OOP POC 781 861-7648 P. 14 JU N — 4 — 9 0 M O N 1 4 = Sc T O W N C, F B f4 R N S P - 7 e"14CGv12 '�Q'11,4 Ga � o� s+,�n r�»:a 1 • • •�• '`tea?148��2�Cr��?t �'a��z�>icDDcon Ay 3a7 MAIN STREET HYANNIS. MASSACHUSETTS 02801 February 16, 1983 Mr. Robert Rathbun Route 6A Barnstable, Mass. 02668 49, test Barnstable (SE 3-921) g@1 gout Farm - Route 1 Dear Mr. Rathbulis At it meeting on Tuesday, February 15, 1983, - the Conservation Commission reviewed your latest plan for a caretaker's cottage and septic system at the Trout Farm on Route 149, West Barnstable. The location of the building and the septic system is a considerable improvement over the original plan. Therefore, the Commission voted unanimously in favor of approving . "site-Sewage Plan For: Proposed 1 Bedroom Cottage (West) Barnstable, Mnss." prnpared fors Robert L. Rathbun; Date: February 2, 1983, by Down Cape Engineering, Rte. 6A - Yarmouth, Mass. stamped and signed bys Arne H. Ojala, RLS, PE Tni9 will Les Llm ..E U464 ran" foY f fin pYn3orh j1A1mi tt Ff� under SE 3-921. Copies of any variances from the riorrto fhe Health startshall constrvctionsubmitted to the Conservation Commission p - Sincerely, Gilbert Newton Chairman caf Board of Health! GN/dm r Jun-11-99 12:01P POC 781 861-7648 P. 15 MAC NEILL & FITCH ATTORNEYS AT LAW TUOOR H"HOUSE 88 ROUTE 6A POST OFFICE BOX 544 SANDWICH,MASSACHUSETTS 02563 JAMES R.MAC NEILL TQLEP►K3M Q5m we 2453 JONATHAN D.FITCH FAX BOA SS&n5D CLEON H.TURNER File R-3893 July 18, 1990 Dr, Wayne A. Miller 8 Wright Farm Concord, MA 01742 RE: 2231 Meetinghouse Road, West Barnstable Dear Dr. Miller: Enclosed for your rec-Ords is a copy of the recorded Certificate of Compliance issued by the Barnstable Conservation Commission. Ver iy yours, MAC NEILL & FI CH /hff Enclosure Jun- 11-99 12:01P POC 781 861-7648 P. 16 r —'- 310 CMR 10.99 Form 8 DECE F4 No �bS 3-421 ,• (To be provided by DEOEt TN('� City Tcwn Barnstable —` �" Commonwealth of Massachusetts } AoOicam Rathbun So IL f 'i ��O t 63 q. ♦`� 1 Certificate of Compliance Massachusetts Wetlands Protection Act, G.L. c. 131 , §40 TOWN OF BARNSTABLE BY-LAWS, ARTICLE SRVII From Barnstable Conservation Commission Issuing Authority Robert Rathbun Meetinghouse Way To 1-1 Barnstabl P MA 02668 (Name) (Address) Date of Issuance May 02 , 1990 This Certificate is issued for work regulated by an Order of Conditions issued to Robert Rathbun dated 10/19/82 and issued by the Barnstable Conservation Commission. 1. ;CX It is hereby certil ced Order of Conditions has been satistactori 2. = It is hereby certif gulated by the above-refer- enced Order of C the Certificate of Compliance does not include lded.) 3. It is hereby certifi :ed Order of Conditions was never commence refore no longer valid.No future work subject to r4 out tiling a new Notice of Intent and receiving a new urger o; t,ortun10115. ................................................................................... .............................................................................................. It_eave Soace Blank) f3•t . Effective 11/10/89 f Jun- 11-99 12:01P PDC 781 861-7648 P. 17 4. X This certificate shall be recorded in the Registry of Deeds or the Land Court for the district in which the land is located.The Order was on n II recorded on 1 ill 5/8 9 (date) Deeds in Barns a�yle at the Registry of , Book--.Page 1'ransaction #58509 5. C The following conditions of the Order shalt continue: (Set forth any conditions contained in the Final Order, such as maintenance or monitoring,which are to continue for a longer period.) Issued by Signature(s) GGvt / v I When issued by the Conservation Commision this Certificate must be si?ned by a majority of is member s. On this 2nd day o' `uiiay i 9 90 before me personally appeared Susan L. Nickerson , to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deers. fOctober 26, 1.994 1. 4 otarr lic My commission expires Detach on dolled llne and submit to the Barnstable Conservation Commission To B111rnsla� Conaervatinn {;ewminninn Issuing Authority Please be advised that the Certificate of Comptiance for the project at FileNumbe, SE3-92 ryasbeenrecordedettheRegistryof and has been noted in the Chain of title of the effected property on If recorded land.the instrument number which identities this transaction is 11 registered land.the document number which identities this transaction is i Signature Applicant 8.2 Jun-11-99 12:02P PDC 781 86.1-7648 P. 18 SC?'•• TO 14 eta Le ConservatI gn Q=4 saf nn tssu»g Authority Please be advised that the Certificate of Compliance for the protect at M•E- !4A Pie Number SE3-921 has been recordedat the Registry of naimfln_jnat•nntahl and has been noted in the chain of title of the elfecled property on t� �j _ l 19_`T O 8 recorded land.the instrument number which identifies this transaction is 11 regislered land.the document numbe identifies this transaction is Signature b G• Applicant 9.2 �kl.r &MtD""Patin of fa,9"dr 11ptf` m DEPARTMENT OF PUBLIC SAFETY--DIVISION OF FIRE PREVENTION `+ 1010 COMMONWEALTH AVENUE. BOSTON a West Barnstabl®���r(E 19 (City or ':own) CERTIFICATE OF COP�PLIANCE CHAPTER 148, SECTION 26F, M.G . L. This Certified that the property located at 2231, 12 + L- S � . WEST BARtISTABLE • has been ectuipped with approved smoke �b 00! detectors and was found to be in ccmaliance with Chapter 146 Section 26F, Massachusetts Goneral Law. Inspection/Testing completed on: S,,Q�)rc( 19 By:AQ '. ` tl C,14(e,- UCC I ctor Fee Paid: $10.00 C 0OBN (BWNMBLE INS s CHIEF Receipt WEST FIRE DEPT. (Seller's Copy) 4: U. U. N; 0. N 0) r-i 7 . 7 ` - Application to 754 Old Kings Highway Regional Historic District Committee in the Town of Barnstable for a CERTIFICATE OF APPROPRIATENESS Application is hereby made, hi triplicate, for the issuance of a Certificate of Appropriateness under Section 6 of Chapter 470, Acts and Resolves of Massachusetts, 1973, for proposed work as described below and on plans, drawings or photographs accompanying this application for: CHECK CATEGORIES THAT APPLY: 1. Exterior Building Construction: ❑ New Building • 0 Addition ❑ Alteration Indicate type of building: ❑ House ❑ Garage 2 Exterior Painting: ❑ Commercial Other 3. Signs or Billboards: ❑ New sign ❑ Existing sign ❑ Repainting existing sign 4. Structure: ❑ Fence ❑ Wall ❑ Flagpole ❑ Other (Please read other side for explanation and requirements).' y� TYPE OR PRINT LEGIBLY DATE- le) /a �O ADDRESS OF PROPOSED WORK t`� n'I .9/�Y� ASSESSORS MAP NO. OWNER yi')�. ASSESSORS LOT N0. 00 HOME ADDRESS Jz. A n el C/ e/ TEL NO. FULL NAMES AND ADDRESSES OF ABUTTING OWNERS. Include name of adjacent property owners across any public street or way. (Attach additional sheet if necessary'). At 401147V7— lQg Y 7 IOWA AGENT OR CONTRACTOR lJ��''liS T &O(C-r— TEL NO. ADDRESS -/ �Il c?71i = ✓ts/?��3t DETAILED DESCRIPTION OF PROPOSED WORK: Give all particulars of work to be done(see No. 8, other side),including materials to be used, if specifications do not accompany plans. In the case of signs,give locations of existing signs and proposed locations of new signs. (Attach additional sheet, if necessary). � E r�/��✓S �Q!QIrTIOiV7IV APPROVED AS MODIFIED �e Signed �� ram• t=�i...�.`-.,.^;�'..,. : :r:,-�i�••, �/ L •own er ecto►-Agent Space below line for Committee use. 7s REceived by H.D.C: K C T ( :U ~ Date ';The rtificate is her by l Date Time � t, y 45e Approved ❑ IMPORTANT: If Certificate is approved,approval Is subject to the 10 day appeal period Town of Barnstable Old King's Highway Historic District Committee ,/ SPEC SHEET FOUNDATION 6V► e- v ife)n G's,"-C /� • s=TNG TYPE �ec&r COLOR A4 / CHIIMMY TYPE COLOR ROOF MATERIAL .i4t, [3/&L'L/ COLOR PITCH L WINDONS/�/II/'��/QcSG/J/ COLOR lale,, SIZE s� TRIM COLOR /0/"?z W_ DOORS ' COLORS SHUTTERS ✓I) A COLORS GUTTERS /V/ A COLORS DECKS MATERIALS GARAGE DOORS 1 V ZI� COLORS SKYLIGHTS �V SIZE COLORS l . � SIGNS l �� COLO ('Zr1 FENCE T COLOR NOTEB: Fill out completely, including measurements and materials/colors to be used. Three copies of this foam are required for submittal of an application, along with three copies of the plot plan, landscape plan and elevation plans, when applicable. SP$CSHT � 1I r ert I ilk `N ups APJ& KOdALA �x q;`t- 5 drI-Mort RaUhhti j ii 7! w.o 2 April 6, 1983 t.ne. hat,.hei . Y B �1 VIWVY 402668 r*;;TsOUtga4 1outs 149,._.West Barnstable Dear Mr. Ragan: You arp.*.gi'nted' a variance to install a septic leaching trench 75 feet front wetlands as designated by the Conservation Commission, ,In lieu of the required 100 feet, at your Trout Hatchery, Route 149, west Barnstable. In addition, you are granted a variance to :Locate a,well.,. 07 feet from a leaching trench, in lieu of the re-= quired lt0rf`6e�; " The following conditions must be met: The caretaker's. cottage can only be one bedroom with a ` "MI A id m `occupancy-of two persons. (2 ) Clotheswashers, dishwashers, and garbage disposal sys- tems cannot be installed. (3) The designing engineer must supervise the construction of the septic system and certify, in writing, to the Board that his design has been strictly adhered to. (4) Prior to the issuance of an occupancy permit, the well must be installed and the water tested bacteriologically and chemically. The water must meet all of the standards established by the Safe Drinking Act of 1974. The proposed system meets all of the regulations contained in Title 5, of the State Environmental Code. This variance is granted to upgrade an existing facility that has the potential to harm the environment. It was also granted with the understanding that a caretaker was re- 1 quired on the property at all times because of continuing vandalism w. Robert Rathburn April 68 1983 Page 2 April 6. 1933 at the hatchery. This variance expires May 1, 1984. )tr. ft. bart Rathbun V yoursIF Ann J . S8 aug BOARD OF.,.H$ALTi 2 �;.tl-E� l..ti ;mob`:. ;'.. '•':)f ;:11{ :.c' :�!•( ts�:l. 1�:.t_Y . J MK MID cc: Goner vatiomCommission, i: ;. 2aii.i4:,i::1 ��•. L cat:. � ✓� t.t.•ci �„i, .__••ti: .1cI Li:t':.W. ..,'s17. +31 .. :f..11'LS: ...... r.j a : 1.-:r.S C.vl!.111 ..is r,. ..L�•: j,! .♦ y.�Fi!'.: Ltlat �s }.a:l •,,1b Ct,.�/ :Jt .'. ..... ..1: : • ,. .� J , C, Valli �.�+r :\. i+i:'I : J.+..��.:• .... a. '�1,.1• . SIG-jatial ).C) ti.�►:Ft :Jil vti'i i �Uru�Ca:.. Tabl@J=b(eoamaed) Pi an ptive Paeiksps for 0"and Two-family ResidmtW Buildings Seated with Fond Fuels MAXIMUM MWIMUM Glaring [flaring Ceiling Wall Floor Bateau Slab Haningicooling Area'(•A) U.vdue= R vduLl R value &Vaiuel Wall Poser Equipment EfNdcom? Package IGvaiues RI-Value? 5"1 to 6500 Hearing Degree Dew Q 12% 0.40 38 13 19 i 10 6 Now R 12% 032 30 19 19 10 6 Normal S l2•/. 0.50 38 13 19 10 6 85 AFUE T I5•A 036 38 13 23 WA WA Normal U IS•/. 0.46 38 19 19 10 6 Normal V I59A 0.44 38 13 2S WA WA 95 AFUE W IS•/. 0.52 30 19 19 10 6 85 AFUE X 18•/. 0.32 38 13 23 WA WA Normai Y 12% 0.42 38 19 23 WA WA Normal Z 18% 0.42 38 13 19 10 6 90 AFUE AA 18•/. 6.50 30 19 19 10 6 90 AFUE 1. ADDRESS OF PROPERTY: � � 2. SQUARE FOOTAGE OF ALL EXTERIOR WALLS: "� 7 3. SQUARE FOOTAGE OF ALL GLAZING: 6 4. %GLAZING AREA(#3 DIVIDED BY #2): S. SELECT PACKAGE(Q—AA-see chart above): U- NOTE: OTHER MORE INVOLVED METHODS OF DETERMINING ENERGY REQUIREMENTS ARE AVAILABLE. ASK US FOR THIS INFORMATION. BUILDING INSPECTOR APPROVAL: YES: NO: q-forms-f980303a r---= The Commonwealth of Massachusetts Department of Industrial Accidents '� � 0lflca ollotyestlgatloos --i; 600 Washington Street Boston,Mass 02111 Workers' Compensation Insurance Affildavit name: location: E n/✓`� >� city w hmzo' / phone# �z 1✓ 5��1-� ❑ I am a homeowner performing all work myself. I am a soleoprietor and have no one tvorkin in anv�acity ❑ I am an employer providing workers' compensation for my employees working on this job. companv name: address: city: phone#: insurance co. nolicv# 711777.1, ❑ I am a sole proprietor, general contractor, or homeowner(circle one)and have hired the contractors listed below who have the folloning workers' compensation polices: companv name• - address: city phone insurance co. oiicv#.. :..... :.::>.:.,.....:.:: ::. .: ..:. :.... .,. ...::.....:.. :. company name- address: city- phone#-' insurance co. ;;;:;:.::;:. ::.;.: ;::• ... oil FaIIure to secure coverage as requited under Section 15A of MGL 152 can lead to the imposition of criminai penaities of a tine up to si sco.o0 and/or one years'Imprisonment as well as civil p, the form of a STOP WORK ORDER and a fine of S100.00 a day against me. I understand that a copy of this statement may be f ed to the Old a of Investigations of the DIA for coverage verification. I do hereby certify the p ' ianen tes of perjury that the information provided above is tame mid correct.Sigia v Date Print name `�Z r���.S �T' v�_'� Phone# 3 V;� _T official use only do not write in this area to be completed by city or town ofncial city or town: permitNcense# ❑BuildiJ ❑Licens ❑checkltlmmediate response is required ❑Select ❑Healthcontact person: phone#; ❑Other (mvuw 945 P1A) f T I � t 4 �!� I T. O f r f ARNE �. a K c A i�}a�►,�fM L�•r�J t�tNr�r THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINALS) I M ^C&L DATA "..te.-;: �. :•.: ,.-�C'��aDlafe 7'�'w.~rtnt?s �n-�ie � -�`s•• 1' ��..�-., ..#. ....fit• ale :e- � '.�...:la ..F�an•r � �' ... ` "l�� A - /' - - .z �rc_�a i.rlilyy/� � 7,4 ID - Ry ^T 3/4 -n: j y�, � a • /' _ � _...5'.,•. to:;a�y{6.' x�cAaw a ,,s •. y \/z• ..L. 7 . ~ �_. IN . l E RTMENT OF PUBLIC SAFETY PA LICfKSE CONSTRUtIM10PERVISOR �l glogaUX f a 94, _! _ 111 r \7 r� e own of Barnstable Department of Health Safety and Environmental Services Eo ' Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building'Commissioner Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. Type of Work: Estimated Cost S %L Address of Work: AC 6-7,77.V 4 as s ��• d� �/1'�s�.� Owner's Name: Date of Application: I hereby certify that: Registration is not required for the following reason(s): Work excluded by law Job Under$1,000 Building not owner-occupied Owner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c. 142A. SIGNED r4l)E�,�ENAL77S- F1 hereby apply for a permit as the agent h er. Date o tractor ame Registration No. OR Date Owner's Name g1bans:Affidav L The Town of Barnstable • BARMY o Department of Health Safety and Environmental Services " Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner June 23, 1999 Mr. Sturgis St. Peter PO Box 372 Barnstable,MA 02630 Re: Permit#35125 Dear Sir: This letter is in regards to work performed by you at 2231 Meetinghouse Way, West Barnstable. Recent inspections,by both the Building Department and the Health Department,have determined that the scope of work has exceeded the original permit application. This act is in violation of 780 CMR 113.3. You have seven days from receipt of this letter in which you must apply for a permit in order to bring the property back into compliance. Thank you in advance, Richard Stevens Local Inspector c: Health Dept. Dr. Wayne Miller HEAD FIRST, INC. 683 Main Street. Building C Osterville, MA 02655 508-420-9355 March 21, 1999 Mr. Larry Nickulas Nickulas Building Company PO Box 507 West Barnstable, MA 02688 RE: Conant Nursery Trust Property, Revised Report Dear Mr. Nickulas: Attached please find the revised report in response to the Cape Cod Commission's (CCC) request for additional information regarding the Conant Nursery Trust Property located in West Barnstable, Massachusetts. The CCC request is contained in an Interoffice Memorandum from Ms. Gabrielle Belfit to Ms. Sarah Korjeff dated January 12, 1999 and the original report is dated February 25, 1999. Revisions contained in this report are in response to CCC comments (dated March 11, 1999), comments from Dr. Miller (dated March 3, 1999), and feedback received,at the March 17 public meeting. The revisions include adopting the CCC's evaluation of dissolved inorganic nitrogen and their dilution estimates, additional information regarding the estimates of water flowing onto the trout farm property, a more detailed reference to the source of maps used to draw the boundaries and facilities on the trout farm, and updated information regarding surface drainage areas and estimated groundwater travel times. Please feel free to contact me if you have any questions. Sincerely, Andrew M. Miller Hydrogeologist attachments cc: Mike Ford Cape Cod Commission Responses to CCC Comments March 21, 1999 Item 1: Quantify flow rate of trout hatchery water supplies, comparing source inflow and outflow. Evaluate all of the supply well depths, placement and water quality data (including pH, ammonia, nitrate, temperature and conductivity). If available, existing water quality data may be evaluated for the purpose of this study. Response to Item 1: A site visit to the trout farm was performed on Sunday, February 7, 1999 in response to Item 1. Information on trout farm well construction, a well and seep inventory, and maps were requested from Dr. Miller at the time of the visit. Water quality samples were also taken. Results from the site visit are as follows: • The weather on the day of the site visit was sunny, mild, and breezy. The only precipitation for several days prior to the site visit was about 1.5 inches of snow late Saturday night and early Sunday morning. The snow melted and evaporated during the site visit. • No rainfall (or snow melt) runoff along the ground was observed. The only surface water present was flowing through the trout pens and as a result of seeps discharging to the ground. • Flow conditions at the trout farm (on the day of the site visit) probably represent average low-flow conditions and flow from groundwater only (i.e., there was no surface runoff, there was little to no precipitation prior to the site visit, and the time of year represents moderate to low water table and groundwater discharge conditions). The trout pens/runs are trenches dug into the ground. They are generally about 6 or 7 feet wide and the water within them is 2 to 3 feet deep. Wooden boards completely line the sides of the pens/runs to prevent the sides from caving (Figure 1.1). The pens/runs are configured in a stair-step pattern so that water flows from the high points on the property (i.e., the southern and western portions) to the low point on the property (i.e., the holding pond). Water cascades over wooden weirs in the pens/runs from one elevation to the next. There are about 50 locations on the property were groundwater meets the surface of the ground. About half of those locations are surface seeps and half are wells. A map of the seep and well locations was requested from Dr. Miller at the time of the site visit, however, none was available. In general, the seep locations consist of a number of small seeps that join together to form larger seep areas. The total number of small seeps is about 25, which then join together to form about 6 larger seeps. The wells are 1 to 2 inch diameter pipes (galvanized, black iron, or PVC) driven into the ground at various locations throughout the trout farm property. Some are inside the trout runs/pens, some are adjacent to the runs/pens, and others are driven into areas where groundwater seeps out of the ground. A well inventory was requested from Dr. Miller at the time of the site visit, however, none was available. 1 Responses to CCC Comments March 21, 1999 • Water from the wells either discharges directly out of the pipes and into the trout runs/pens, or is diverted to the runs/pens using plastic pipe or hose. A surface seal (e.g., concrete, neat cement, or bentonite) was not observed at any of the well heads. Some of the well heads are under ground and/or below the surface of the water. Total depth measurements and head estimates were made on 12 of the wells (Figure 1.1). Measurements would have been made on all of the wells, but access to the well heads was difficult due to very soft ground surrounding the wells, the well heads were under water or underground, and/or the fitting on top of the wells could not easily be removed. It is assumed that the wells from which measurements were obtained are representative of the wells on the property. • Figure 1.1 was drawn from information obtained from four sources: 1) maps from the Barnstable County Registry of Deeds, 2) Town of Barnstable Assessor's maps, 3) Town of Barnstable GIS maps, and 4) field observations. • The purpose of Figure 1.1 is to show the general layout of the trout farm facilities and water supply locations. It is not intended to be as accurate as a surveyed map, however, the general locations of the facilities are accurate enough for the intended purpose of the map. • Water from the wells and seeps was a consistent 50' F. The total depths of the wells range from 3to31 f the runs/pens. Head ranges from 1 to 4 feet. feet below the water level in abo ve the water level in the runs/pens. TROUT FARM WELL INVENTORY, FEBRUARY 7, 1999 TOTAL FLOW AREA WELL DEPTH (ft) RATE (gpm) A 1 28 8 2 11 8 3 23 15 4 31 g B 1 23 20 C 1 24 18 2 24 12 3 15 8 D 1 3 3 E-:j1 19.5 1 2 13.5 2 F 1 19.5 g • The wells are likely open at the bottom, based on the feel of the weig hted tape when the total g dep th of the wells p was determined. Additionally, in some instances. medium to coarse sand came out of the well when the weight at the bottom of the tape was bounced off of the bottom several times. 2 Responses to CCC Comments March 21, 1999 • The flow rate from individual surface seeps, combined seeps, and wells ranges from about 1 gallon per minute (gpm) to 20 gpm. The estimated total amount of water entering the trout farm property from surface seeps and wells (including Area F) is 600 gpm (0.86 million gallons per day [mgd]). • The highest flow rates are from wells that are about 23 to 24 feet deep. This may indicate a zone of greater permeability (e.g., coarser sand and/or better sorting). Because water is produced from a variety of well depths, the presence of a confining unit is unlikely. • Outflow from the trout farm was occurring at two locations during the site visit, the weir which is above the holding pond and from Area F. The flow from Area F was estimated (by Dr. Miller and Andrew Miller) in the stream channel at 100 gpm. The flow from the weir was 300 gpm, based on a width of 3.85 feet, a water depth of 0.14 feet, and the formula for flow through a rectangular weir presented in Anderson (1984). The measurements were made by Dr. Miller and recorded by Andrew Miller. Total surface water outflow from the trout farm is 400 gpm or 0.58 mgd (100 gpm plus 300 gpm). • Water from the weir goes into a pond which then drains to the unnamed creek. Water from Area F joins flow from the weir and pond prior to draining to the unnamed creek, or it can be diverted directly to the unnamed creek. • Under the current water table conditions (i.e., low-flow conditions), the wells could probably produce more water than what was observed during the field visit. This was demonstrated in well Number 3 in Area A. The top of that well had mossy growth on it; after it was cleared the flow rate increased: The flow rate increased again after the bottom of the weighted tape was used to dislodge some obstructions in the casing and sand from the bottom of the well. The flow rate increased 50 percent, from about 10 gpm to 15 gpm. • According to Dr. Miller, about once per year the wells are flushed using a pump to direct water from the trout runs through a hose which is lowered to the bottom of the wells. It has been about 10 months since they were last flushed. Following the annual well rehabilitation and during times of higher water level conditions or greater recharge, flow into the trout farm would be greater than observed during the site visit. • Estimated flow from the unnamed creek as it passes under Willow Street was 1 mgd. • Water quality and well construction information was requested but not available. However, Dr. Miller did say that the average pH of the water coming from the wells and in the runs/pens has been 6.8 and very little fluctuation has been observed. • Water quality samples were taken from the locations shown on the table below and on Figure 1.1. The samples were analyzed by the Barnstable County Laboratory. Please note that these results are preliminary, pending final quality assurance review and approval by the laboratory. 3 f Responses to CCC Comments March 21, 1999 WATER QUALITY RESULTS A C G F Creek Nitrate 1.2 0.8 0.9 0.8 0.7 Ammonia 0.2 0.1 0.9 0.2 0.4 pH 7.5 7.1 7.3 7.9 7.3 SpCond 185 278 210 126 158 Iron <0.1 <0.1 <0.1 <0.1 0.1 Sodium 18 36 26 12 17 Copper <0.1 <0.1 <0.1 <0.1 <0.1 Coliform A P P A P Notes:Nitrate and Ammonia reported as mg/L of nitrogen. pH reported as units. SpCond = specific conductivity, in micromhos/centimeter. Iron, Sodium, and Copper reported as mg/L. Coliform = Total Coliform; A indicates absent, P indicates E. coli present. Summary: i i The trout farm property receives groundwater from surface seeps and wells, which under low-flow conditions provide 0.86 mgd. The source of the water ranges between ground surface and 31 feet below ground surface. The amount of water leaving the property as surface runoff is 0.58 mgd. The balance of the flow (0.28 mgd or about 200 gpm) leaves the property as groundwater. The groundwater leaving the trout farm property joins other groundwater flowing to the unnamed creek. The reason for the infiltration of groundwater through the trout pens/runs is because water is mounded in the pens/runs by their configuration (i.e., the stair-step configuration). Results from water quality analyses show that- the trout farm increases the total dissolved inorganic nitrogen (TDN) concentration. According to the CCC (1999): "If the water quality results for ammonia and nitrogen are added together to get an estimate of TDN from the two inflow stations A and G and then compared to the outflow station, the computation indicates that there is a 0.6 mg/I increase in TDN from the trout farm operations." A 0.6 mg/L increase in TDN combined with a flow rate of 0.86 mgd equates to an increased TDN loading of 715 kg/year attributable to the trout farm operations. By comparison, the increased TDN loading by the proposed development is 183 kg/year (see response to Item 3 for more information on nitrogen loading). 4 , s Responses to CCC Comments March 21, 1999 REFERENCES Anderson, Keith E., 1984. Water Well Handbook, Fifth Edition, Missouri Water Well & Pump Contractors Association, Inc., PO Box 517, Belle, MO, 65013, printed by Scholin Bros. Printing Co., St. Louis, MO. Cape Cod Commission (CCC), 1999. Staff Report, dated March 11, 1999, Project: Conant Nursery Trust Subdivision, Phase 2, West Barnstable, DRI Application #DR97024, Staff: Sarah Korjeff, Gabrielle Belfit, Heather McElroy. 5 Fe l A« o�J 3 \Q �/;� ► t2 A-C, mr, AreA 14= jc�� ter«, � c��c,•j `,,�� ,, r N ^� Responses to CCC Comments y March 21. 1999 c�TV 6 Responses to CCC Comments March 21, 1999 Item 2: Based on regional water table mapping, the flow rate of the brook and aerial recharge, estimate the recharge area to the trout farm water supply and include a discussion of subsurface conditions and how this will affect the recharge area. Response to Item 2: Trout Farm Recharge Area - The site visit showed that under low flow conditions the amount of groundwater that discharges to the trout farm property is 600 gallons per minute (gpm), which is equivalent to 0.86 million gallons per day (mgd) or 315 million gallons per year. At an average recharge rate of 18 inches per year (Eichner and Cambareri, 1992), the land area required to provide 315 million gallons per year of groundwater to the trout farm property is 645 acres. Under periods of greater flow into the trout farm (e.g., following well rehabilitation), the recharge area is even larger. Local and Regional Water Table Conditions - Similar to most areas on Cape Cod, the groundwater flow system in the vicinity of the site can be divided into four parts: local, intermediate, subregional, and regional (Figure 2.1). The uppermost portion of the groundwater system is the local flow system. This is where recharge becomes shallow groundwater and travels to nearby discharge zones. Discharge from the local groundwater flow system is evident as the wetlands that act as a buffer between the development and trout farm property and as several surface seeps on the development. The intermediate flow system is the groundwater intercepted by seeps and wells on the trout farm property. The area that contributes to the intermediate system is 645 acres, which lies upgradient from the trout farm property (i.e., to the west and south). A portion of the development may contribute to the groundwater that discharges to the trout farm property, but only the portion that a) does not discharge to the wetlands and seeps that form the local flow system on the development, b) does not become part of the subregional or regional flow systems, and c) travels in the direction of the trout farm wells and seeps. The subregional flow system is groundwater that discharges to the unnamed creek that crosses under Meetinghouse Way (north of the trout farm) and also crosses under Willow Street (after it receives groundwater and surface water from the trout farm property). The contributing area for the unnamed creek lies on both sides of the creek. Groundwater discharged from the trout pens/runs (i.e., 0.28 mgd) and some of the recharge that originates on the Conant property also contribute groundwater to the creek. Groundwater that is deeper in the system discharges to Barnstable Harbor and Cape Cod Bay and forms the regional flow system. Figure 2.2 shows a water table map for the area in the vicinity of the trout farm and Conant property. Included on the map are groundwater flow directions for the upper- most portion of the aquifer, which show that only a portion of the Conant property could contribute groundwater to the trout farm property. Groundwater elevations are based on measurements made on February 21, 1999 and the surface water elevations were 7 Responses to CCC Comments March 21, 1999 determined during the week of February 16, 1999 by a registered land surveyor (John Doyle). The measurements are in feet, relative to NGVD (sea level). A description of the measuring locations and the corresponding elevations are as follows: WATER LEVEL LOCATION ELEVATION MW-1 28.94 MW-2 28.40 MW-3 28.66 MW-4 27.84 MW-5 26.42 MW-6 28.58 Groundwater seep approx 340 ft northeast of MW-5 22.98 Groundwater seep approx 640 ft northeast of MW-5 12.89 Groundwater seep approx 50 ft northwest of the northern-most trout pen 22.31 Surface water in the northern-most trout pen 19.40 Groundwater seep approx 5 ft souhtwest of the southwestern-most trout pen 18.35 Surface water in the southwestern-most trout pen 17.23 Surface water in the holding pond on the trout farm property 13.07 c Subsurface Conditions - The presence, thickness, continuity, and location of low permeability subsurface layers, or confining units (e.g., silt or clay layers) could affect the direction of groundwater flow, and therefore the location of recharge areas. However, in the area of the trout farm and Conant property, thick, continuous confining units are not present, based on the following information: • Nearby well logs (Whitman & Howard, 1975, and Whitman & Howard, 1977) show very permeable materials except for occasional occurrences of traces of clay (in sand and gravel units) and occasional occurrences of clayey zones within 10 feet of the ground surface. One log shows silty fine sand greater than 10 feet below ground surface. However, if the material is well sorted, the permeability would be relatively high and the unit would not act as a confining layer. The wells use natural sand pack and large screen slot sizes (up to 100 slot, or 0.100 inch slot openings) and have high specific capacities, indicative of high permeability. • Wells drilled on the Conant propertyin response to requests from the CCC did not encounter confining units (see response to Item 4 for more detail). • The varying depths of flowing wells on the trout farm property. 8 I r , Responses to CCC Comments March 21, 1999 Additionally, confining units are not necessary for water to flow from a well. In unconfined aquifers, groundwater discharge areas (e.g., the western portion of the trout farm) are defined by areas where the hydraulic potential increases with depth, and flow is therefore upward. Figure 2.3 demonstrates this principle. The dashed lines are equipotential lines. Wells C and D will flow at ground surface because they intercept equipotential lines with head values greater than the topographic elevation. Summary - The amount of groundwater that discharges onto the trout farm property is 600 gpm (during low flow conditions) which requires a recharge area of 645 acres. The recharge area lies to the west and south of the trout farm property. The 25 acre Conant property is west and south of the trout farm, but all of the groundwater that originates on the Conant property (equivalent to about 20 gpm) does not discharge to the trout farm. Based on local and regional groundwater flow conditions, which are typical for Cape Cod, there are four areas where groundwater from the Conant property discharges: 1) seeps and wetlands on the Conant property, 2) the unnamed creek, 3) the regional groundwater flow system that discharges to Cape Cod Bay, and 4) as groundwater that discharges to the trout farm property. REFERENCES Eichner, Eduard M. and Cambareri, Thomas C., 1992. "Nitrogen Loading", Technical Bulletin 91-001 (Final), Cape Cod Commission Water Resources Office, April, 1992. Cape Cod Commission, 3225 Main Street, Barnstable, MA, 02630. Fetter, C. W. Jr., 1980. Applied Hydrogeology, Charles E. Merril Publishing Company, Columbus, OH. Whitman & Howard, Inc., 1975. Report on 1975 Test Well Investigations, West Barnstable Fire District, Barnstable, Massachusetts, report submitted to the Board of Water Commissioners, West Barnstable Fire District. Whitman & Howard, Inc., 1977. Report on 1977 Test Well Investigations, West Barnstable Fire District, West Barnstable, Massachusetts, report submitted to the Board of Water Commissioners, West Barnstable Fire District. 9 f - Responses to CCC Comments March 21, 1999 �lC,u AT/ ivt o G(-,GVN� L.3 A'T c t` �tz�v•f- Ca t1.nh F-�z. -7a-DQ-r Se--Ps A ti t? ('J' CA PC �^�• �� f1GR� r lo �tifa4ME7GSdtS Loc;ar_ -f.)Y 5T �utK G.tcvAC ��. Tz�T G�zM list TO t�NrJJsn�.� f I t 10 Responses to CCC Commer J March 21. 19s �dqa et _ �• ,� r � / ` • !p 2Z• • y Ole • f f �/ ••• � • ` 1 T ��•it1 �� y Ile B � J ICV. \ y \ /• •ram: aw 3 N �A /O� A u p ula.T 4;:-: r=?t �EJK4TIOJJ oc:iT!o�l allo L'c J rl'T I O N % D i rt°c�;o►� Co rA n� �to�<'�"� q��c..��.��- r�ctcrv� . 11 2EG NA fLG E �.GLH►� - 777777 Land surface B A Water table C D Equipotential line / I �\ F1c„U 2E Z.� ro"^A � J Responses to CCC Comments March 21. 1999 12 Responses to CCC Comments March 21, 1999 Item 3: Estimate the annual and daily available volume of water contributed by the Conant property from precipitation accounting for actual recharge rates (187year). Response to Item 3: Project Size and Wetland Area: The total area of the Conant project is 24.99 acres, of which 23.26 acres are upland and 1.73 acres are wetlands (J. Doyle Associates, 1998). Under current conditions, it is assumed that the existing impervious areas are insignificant. At projected build-out, the road surface will be 1.14 acres (J. Doyle Associates, 1998). In addition to the roads, it can be assumed that there will be 0.15 acres of driveways and 0.60 acres of roof (i.e., 13 homes, each with a 500 ft2 driveway and 2,000 ft2 roof). Recharge Calculations: CCC guidance for recharge on natural/grass areas in Barnstable is 18 in/yr (Eichner and Cambareri, 1992). This recharge rate is based on work performed by LeBlanc et al. (1986) which suggests that recharge is approximately 45% of rainfall. LeBlanc et al. (1986) used the Thornthwaite and Mather method, which is based on rainfall, runoff and evapotranspiration estimates. The recharge rate for impervious surfaces is 90% of rainfall, or 40 in/yr (Eichner and Cambareri, 1992). CURRENT CONDITIONS Natural/Grass Area (acres) 23.26 Recharge Rate (in/ r) 18 Annual Recharge:(gallons) = -11:4x10 Daily Recharge (gallons) 31x1D PROJECTED BUILD-OUT Natural/Grass Area (acres) 21.37 Impervious Area (acres) 1.89 Recharge Rate (in/ r) 18 Recharge Rate in/ r) 40 Annual Recharge (gallons) 10.4x10° Annual Recharge (gallons) 2.0x106 Daily Recharge (gallons) 28.6x101JD ily Rechar e (gallons) 5.6x10 Total Annual Recharge allons --`12x10 Total Daily Recharge ( allons) -34x10 Nitrate Loading Calculations: Details for the projected build-out and CCC guidance (Eichner and Cambareri, 1992) were used to estimate nitrogen loading to the aquifer as a result of the development (see attached table). The results of the calculations show a mean nitrogen loading of 3.88 mg/L. It is important to note that because of groundwater flow directions and the large amount of dilution that would occur, the development will not provide a loading of 3.88 mg/L of nitrate to the trout farm property. Any wastewater that could migrate to the trout farm would be subjected to dilution. 13 Responses to CCC Comments March 21, 1999 Conant Property Nitrate-Nitrogen Loading Calculations Site Specific Mass Balance Analysis SITE SPECIFIC INFORMATION Housing Units and Occupancy Development Size and Land Type (acres) Number of Units 13.00 Boundaries of Developmern 24.99 Bedrooms per Unit 3.00 Identified Wetlands 1.73 Total Bedrooms 39.00 Total Upland Area 23.26 Title V Occupancy 78.00 Actual Occupancy 32.50 Upland Land Use (acres) Undeveloped/Natural 19.88 Wastewater Flow Lawn (5,000 ft2/unit) 1.49 Title V Flow Rate(gpcd) 55.00 Road 1.14 Title V Occupancy (gpd) 4290.00 Driveway (500 ft2/unit) 0.15 Actual Occupancy (gpd) 1787.50 Roof(2,000 ft2/unit) 0.60 Total 23.26 ASSUMED VALUES Recharge Rate (in/yr): Lawns Impervious Areas 40.00 Fertilizer Application (year) 3 Ibs/1000 ft2 Undeveloped/Grass 18.00 Leaching Percent 25.00 Wastewater Concentration (mg/L) Runoff Concentration (mg/L) Title V System (9 units) 35.00 Road 1.50 Denitrification System (4 units) 19.00 Roof 0.75 Undeveloped 0.00 LOADING CALCULATIONS Wastewater Loading (kg/yr) Impervious Loading (kg/yr) Title V Occupancy Road 7.95 Title V Systems 172.26 Roof 1.84 Denitrifying Systems 41.56 Lawn Loading (kg/yr) 22.11 Total for Title V Occupancy 213.82 Total Impervious and Lawn 31.90 Actual Occupancy Title V Systems 71.77 TOTAL LOADING (kg/yr): Denitrifying Systems 17.32 Title V Occupancy 245.72 Total for Actual Occupancy 89.09 Actual Occupancy 120.99 MEAN TOTAL LOADING (kg/yr) 183.36 RECHARGE CALCULATIONS Impervious Areas (gallons/yr) Natural/Grass Areas (gallonslyr) Road 1,238,149 Undeveloped/Natural 9,717,050 Driveway (500 ft2/unit) 162,067 Lawn (5,000 ft2/unit) 729,300 Roof (2,000 ft2/unit) 648,267 Total 10,446,350 Total 2,048,483 TOTAL ANNUAL RECHARGE TO PROJECT AREA(gallonslyr) 12,494,832 TITLE V OCCUPANCY NITROGEN LOADING CONCENTRATION (mg/L) 5.20 ACTUAL OCCUPANCY NITROGEN LOADING CONCENTRATION (mg/L) 2.56 MEAN NITROGEN LOADING CONCENTRATION (mg/L) 3.88 14 Responses to CCC Comments March 21, 1999 Summary: Average annual recharge onto the Conant Property is 11.4 million gallons under current conditions and 12 million gallons for the projected development. Recharge is greater under developed conditions because of the higher recharge rates on impervious surfaces. Wastewater flow at the Title V occupancy rate is 1.6 million gallons per year (i.e., 13 homes, 3 bedrooms per home, 2 people per bedroom, and 55 gallons per person per day). Wastewater flow at the actual occupancy rate is 0.65 million gallons per year (i.e., 13 homes, 2.5 people per home and 55 gallons per person per day). The dilution factor of wastewater flow to recharge, on the Conant property only, ranges between 18 under actual occupancy rates and 7.5 (assuming Title V occupancy). The amount of water flowing onto the trout farm, recharge to the development, and wastewater flow is shown graphically on Figure 3.1. Using a nitrate nitrogen loading rate from the development of 3.88 mg/L, a recharge rate of 12 million gallons per year (from the development), and flow onto the trout farm of .315 million gallons per year, the following increases in nitrate nitrogen can be calculated: Recharge from Development to Trout Farm Million Gallons Dilution Nitrogen Percent per Year Factor Increase 10 1.2 260 0.01 m /L 25 3.0 100 0.04 m /L 50 6.0 52 0.07 m /L 75 9.0 35 0.11 mg/L 100 12 26 0.15 mg/L Actual recharge from the development onto the trout farm likely falls in the range of 25 to 75 percent. The CCC (1999) assumes that 75 percent of the recharge originating on the development will contribute to the trout farm water supply, resulting in an increase in nitrate nitrogen of 0.11 mg/L. Also according to the CCC (1999): "The additional 0.11 mg/I nitrate nitrogen that may be expected from the proposed development's wastewater contribution is within the range of current nitrogen fluctuations as shown by the water quality results, and considerably less than the amount generated by the trout population's natural processes." 15 Responses to CCC Comments March 21, 1999 Conant Property Nitrate-Nitrogen Loading Calculations Site Specific Mass Balance Analysis SITE SPECIFIC INFORMATION Housing Units and Occupancy Development Size and Land Type (acres) Number of Units 13.00 Boundaries of Development 24.99 Bedrooms per Unit 3.00 Identified Wetlands 1.73 Total Bedrooms 39.00 Total Upland Area .23.26 Title V Occupancy 78.00 Actual Occupancy 32.50 Upland Land Use(acres) Undeveloped/Natural 19.88 Wastewater Flow Lawn (5,000 ft2/unit) 1.49 Title V Flow Rate(gpcd) 55.00 Road 1.14 Title V Occupancy(gpd) 4290.00 Driveway (500 ft2/unit) 0.15 Actual Occupancy (gpd) 1787.50 Roof(2,000 ft2/unit) 0.60 Total 23.26 ASSUMED VALUES Recharge Rate (in/yr): Lawns Impervious Areas 40.00 Fertilizer Application (year) 3 Ibs/1000 ft2 Undeveloped/Grass 18.00 Leaching Percent 25.00 Wastewater Concentration (mg/L) Runoff Concentration (mg/L) Title V System (9 units) 35.00 Road 1.50 Denitrification System (4 units) 19.00 Roof 0.75 Undeveloped 0.00 LOADING CALCULATIONS Wastewater Loading (kg/yr) Impervious Loading (kg/yr) Title V Occupancy Road 7.95 Title V Systems 172.26 Roof 1.84 Denitrifying Systems 41.56 Lawn Loading (kg/yr) 22.11 Total for Title V Occupancy 213.82 Total Impervious and Lawn 31.90 Actual Occupancy Title V Systems 71.77 TOTAL LOADING (kg/yr): Denitrifying Systems 17.32 Title V Occupancy 245.72 Total for Actual Occupancy 89.09 Actual Occupancy 120.99 MEAN TOTAL LOADING (kg/yr) 183.36 RECHARGE CALCULATIONS Impervious Areas (gallons/yr) Natural/Grass Areas (gallons/yr) Road 1,238,149 Undeveloped/Natural 9,717,050 Driveway (500 ft2/unit) 162,067 Lawn (5,000 ft2/unit) 729,300 Roof(2,000 ft2/unit) 648,267 Total 10,446,350 Total 2,048,483 TOTAL ANNUAL RECHARGE TO PROJECT AREA(gallons/yr) 12,494,832 TITLE V OCCUPANCY NITROGEN LOADING CONCENTRATION (mg/L) 5.20 ACTUAL OCCUPANCY NITROGEN LOADING CONCENTRATION (mg/L) 2.56 MEAN NITROGEN LOADING CONCENTRATION (mg/L) 3.88 14 Responses to CCC Comments March 21, 1999 Summary: Average annual recharge onto the Conant Property is 11.4 million gallons under current conditions and 12 million gallons for the projected development. Recharge is greater under developed conditions because of the higher recharge rates on impervious surfaces. Wastewater flow at the Title V occupancy rate is 1.6 million gallons per year (i.e., 13 homes, 3 bedrooms per home, 2 people per bedroom, and 55 gallons per person per day). Wastewater flow at the actual occupancy rate is 0.65 million gallons per year (i.e., 13. homes, 2.5 people per home and 55 gallons per person per day). The dilution factor of wastewater flow to recharge, on the Conant property only, ranges between 18 under actual occupancy rates and 7.5 (assuming Title V occupancy). The amount of water flowing onto the trout farm, recharge to the development, and wastewater flow is shown graphically on Figure 3.1. Using a nitrate nitrogen loading rate from the development of 3.88 mg/L, a recharge rate of 12 million gallons per year (from the development), and flow onto the trout farm of 315 million gallons per year, the following increases in nitrate nitrogen can be calculated: Recharge from Development to Trout Farm Million Gallons Dilution Nitrogen Percent per Year Factor Increase 10 1.2 260 0.01 m /L 25 3.0 100 0.04 m /L 50 6.0 52 0.07 m /L 75 9.0 35 0.11 m /L 100 12 26 0.15 mg/L Actual recharge from the development onto the trout farm likely falls in the range of 25 to 75 percent. The CCC (1999) assumes that 75 percent of the recharge originating on the development will contribute to the trout farm water supply, resulting in an increase in nitrate nitrogen of 0.11 mg/L. Also according to the CCC (1999): "The additional 0.11 mg/I nitrate nitrogen that may be expected from the proposed development's wastewater contribution is within the range of current nitrogen fluctuations as shown by the water quality results, and considerably less than the amount generated by the trout population's natural processes." 15 Responses to CCC Comments March 21. 1999 Wastewater Recharge from Discharge at Development At Actual Occupancy Buildout(12 mgy) (0.65 mgy) Low-Flaw Discharge to Seeps and Wells on Trout Farm (315 orgy) FIGURE 3.1 Comparison Between Wastewater Flow, Recharge on the Conant Property and Discharge from Seeps and Wells on the Trout Farm Property under Low Flow Conditions (mgy= million gallons per year) 16 f Responses to CCC Comments March 21, 1999 REFERENCES Cape Cod Commission (CCC), 1999. Staff Report, dated March 11, 1999, Project: Conant Nursery Trust Subdivision, Phase 2, West Barnstable, DRI Application #DR97024, Staff:.Sarah Korjeff, Gabrielle Belfit, Heather McElroy. Eichner, Eduard M. and Cambareri, Thomas C., 1992. "Nitrogen Loading", Technical Bulletin 91-001 (Final), Cape Cod Commission Water Resources Office, April, 1992. Cape Cod Commission, 3225 Main Street, Barnstable, MA, 02630. J. Doyle Associates, 1998. "Preliminary Subdivision Plan, 'Phase Two', Prepared for Conant Nursery Trust, West Barnstable, MA". Map prepared by John P. Doyle, III, Registered Land Surveyor, December 8, 1998. LeBlanc, D.R., J.H. Guswa, M.H. Frimpter, and C.J. Londquist, 1986. "Groundwater Resources of Cape Cod, Massachusetts", Hydrologic Investigation Atlas (need the number). U.S. Geological Survey, Washington, DC. 17 Responses to CCC Comments March 21, 1999 Item 4: Complete one deep boring on the property to a depth of approximately 75 feet below the water table in the vicinity of Lot 6 to determine the depth of any confining layers and characterize the relationship of the unconfined aquifer on the Conant property to the trout farm water supplies. Response to Item 4: A deep boring was completed and a well was installed near the boundary between lots 5 and 6 and roughly between Wells 2 and 3 (Figure 4.1). The lithology was recorded from ground surface to a depth of 102 feet. The geologic materials are permeable and no confining units were encountered. The boring log and well construction diagram are attached. Water level measurements were taken on two occasions at the site: February 11, 1999 (prior to installation of the deep monitoring well) and February 21 (which includes the deep well). Top of casing elevations (TOC ELEV) were surveyed by a registered surveyor (John Doyle). The results from the measurements are as follows: WELL TOC DEPTH TO WATER WATER LEVEL ELEV ID ELEV 2-10-99 2-21-99 2-10-99 2-21-99 1 . 50.03 21.04 21.09 28.99 28.94 2 49.51 21.08 21.11 28.43 28.40 3 46.58 17.87 17.92 28.71 28.66 4 49.02 21.14 21.18 27.88 27.84 5 39.21 12.75 12.79 12.75 26.42 6 49.24 NM 20.66 NM 28.58 All measurements are in feet. NM indicates nct measured (well had not been installed). Subsurface conditions,, groundwater flow patterns, and recharge areas are discussed in detail in the response to Item 2. 18 Responses to CCC Comments March 21, 1999 r QET:j}N� -� =x,;L }'iCs�2C �,� ;�lio�; �-o�:n•1 :.Jci� L..=cq oNS becn..•�wa.�ee� POW O 19 Responses to CCC Comments March 21, 1999 NICKULAS BUILDING COMPANY CONANT NURSERY PROPERTY MEETINGHOUSE ROAD, W BARNSTABLE BORING LOG OF OBSERVATION WELL NO. 6 Page 1 of 2 Drilling Company: Desmond Well Drilling, Inc. Date Started: February 11, 1999 Drill Rig: CME 75 Date Finished: February 11, 1999 Drilling Method: 4" ID, 6" OD Hollow Stem Auger Geologist: Andrew M. Miller Sampling Method: Cuttings and splitspoon Driller: Tom Desmond Weather: Sunny, 400s F, 0 - 10 mph wind Helper: Marvin Meyer BLOW USCS DEPTH COUNT i CODE DESCRIPTION 0 - 8 cuttings GW Cobbles and sand, sand fine to medium, trace fine to coarse gravel, trace silt, 2.5Y6/4 light yellowish brown, except for uppermost 1.5 ft which is 2.5Y4/3 olive brown, loose damp. 8-13 cuttings GW Cobbles and sand, sand fine to coarse, i predominantly medium, trace fine to coarse gravel, trace silt, 2.5Y6/6 olive yellow, loose, moist. 13-18 cuttings SP Sand, fine to coarse, predominantly medium, trace fine to coarse gravel, trace silt, 2.5Y5/6 light olive brown, loose, moist. 18-28 cuttings SP Sand, fine to coarse, predominantly medium, trace fine to coarse gravel, trace silt, 2.5Y5/6 light olive brown, loose, wet. Water table at about 22 ft. 28-33 cuttings SP No cuttings returned, but drilling action indicates same as 18-28 ft. 32-34 4-3-4-7 SP Sand, fine to coarse, predominantly medium, 2.5Y6/8 olive yellow, loose, saturated. 34-42 I cuttings I SP Same as 32-34 based on cuttings and i drilling action. 42-44 +100-37-35-43 SP Sand, fine to medium, predominantly medium, 10YR6/8 brownish yellow, dense i to very dense, saturated. 44-52 cuttings i SP Same as 42-44 based on cuttings and drilling action. 20 Responses to CCC Comments March 21, 1999 NICKULAS BUILDING COMPANY CONANT NURSERY PROPERTY MEETINGHOUSE ROAD, W BARNSTABLE BORING LOG OF OBSERVATION WELL NO. 6 Page 2 of 2 BLOW USCS DEPTH COUNT CODE DESCRIPTION 52-54 11-18-21-27 SP Sand, fine to medium, predominantly fine, 2.5Y6/8 olive yellow, medium dense, saturated. 54-62 cuttings SP Same as 52-54 based on cuttings and drilling action. 62-64 10-10-11-16 SP Sand, fine to medium, predominantly fine, trace silt, 2.5Y6/6 olive yellow, medium dense, saturated. 64-72 cuttings SP Same as 62-64 based on cuttings and drilling action. 72-74 10-10-14-21 SP Sand, fine to medium, predominantly fine, trace silt, 5Y7/4 pale yellow, medium dense, saturated. 74-82 cuttings SP Same as 72-74 based on cuttings and drilling action. 82-84 7-14-28-33 SP Sand, fine to coarse, predominantly medium, trace fine gravel, 2.5Y6/8 olive yellow, medium dense, saturated. 84-92 cuttings SP Same as 82-84 based on cuttings and drilling action. 92-94 20-35-37-37 SP Sand, fine to coarse, predominantly medium, 7.5YR5/6 strong brown, dense, saturated. 94-97 SP Same as 92-94 based on cuttings and drilling action. 97-102 auger SP Sand, fine to medium, 10YR5/4, yellowish brown, saturated. Depth in feet below land surface. Blow counts recorded every 6 inches using a 140 lb hammer falling 30 inches. Descriptions in accordance with Unified Soil Classification System. Color in accordance with Munsell Color Chart for soils. Cuttings indicates description based on auger cuttings and drilling action. Auger indicates grab sample from flights of lead auger. 21 G�F35r-ulk-ncu:,JL :L LLC ll_ I I I ct` v ss I / I I i I �t� PVC} i sp I I I 4 \jM\ (f-x,jc Try 4 ` i I � Y� �2GF••ov� o� 7,O1� U�cS Co�E roQ_ L17AOLO(ay Responses to CCC Comments March 21, 1999 22 i Responses to CCC Comments March 21, 1999 Item 5: Discuss the potential impacts of development on the trout farm in terms of potential contaminants, travel times and expected concentrations and compare this to EPA toxicity guidelines for trout. Response to Item 5: The mechanisms through which potential. contaminants could reach the trout farm are from surface runoff and groundwater flow. Potential contaminants from the development are nitrogen (from septic systems and lawn. . fertilization), chlorine (from household cleaning) and chemicals that might be used to maintain the lawns. Additional impacts could occur from increased water temperatures. The following information demonstrates that surface runoff and groundwater flow from the development will have no impact on the trout farm. Water Quality Criteria - There are no state or federal water quality criteria for nitrate concentrations and trout. The criteria do not exist because trout can tolerate relatively high levels of nitrate; concentrations well in excess of the drinking water standard of 10 milligrams per liter (mg/L) can be tolerated. EPA has established ambient water quality criteria (AWQC) for ammonia. The Federal Register (1998) contains updated information on the AWQC for ammonia and requests comments on the suggested modifications to the criteria. The acute and chronic exposure concentrations for ammonia are not dependent upon temperature, but are dependent upon pH. For the pH values typically found in shallow groundwater in the study area (i.e., 6.5 to 7.0), the acute exposure criterion is between 32.5 and 24.0 mg/L; the chronic exposure criterion is between 3.48 and 3.08 mg/L of total ammonia (i.e., un-ionized plus ionized). According to Hurley (1998) the ideal temperature range for trout is between 450 and 600 F. Also, under certain conditions chlorine and Dursban are,toxic at levels in the 7 to 8 parts per billion range. Surface Runoff and Dursban - Surface drainage basins in the vicinity of the development and trout farm are shown on Figure 5.1. The drainage basins were drawn using the topography shown on maps prepared by a registered land surveyor (J. Doyle Associates, 1998) and the Town of Barnstable (Town of Barnstable, 1998). Field observations also assisted with outlining the drainage basins. l Existing topography.js' assumed to closely match the developed plan. However, under the development plan, surface runoff from the proposed road will be directed to a recharge basin and leaching field, both of which are outside of the drainage basins for the trout farm. Therefore, under developed conditions, the drainage basins that could contribute surface water to the trout farm will be even smaller than shown on Figure 5.1. Additionally, a drainage ditch in the vicinity of Lot 1 of Phase 1 and also the drainage basin southwest of Lot 1 of Phase 1 (designated as "A" on Figure 5.1) may have provided surface runoff to the trout farm property. The ditch has been filled-in (or will be filled-in soon), preventing direct surface runoff via a ditch. 23 Responses to CCC Comments March 21, 1999 I After the drainage ditch is filled-in, the trout farm property could receive surface runoff from 3 drainage basins (designated as "B", "C", and "D on Figure 5.1). Drainage basin "B" is completely outside of the boundaries of the development. Surface runoff (if present) would drain to the unnamed creek that flows under Willow Street. The other two drainage basins are within the boundaries of the development. Drainage basin "C" is the portion of the development that could contribute surface water to the vicinity of Area F (see Figure 1.1 for the location of Area F). Drainage basin "C" is approximately 3.4 acres, of which approximately 0.6 acres are designated as area that could be developed. Of that 0.6 acres, only a portion of it, would be impermeable or grass area. The balance of the drainage basin is approximately 1.7 acres of open space and 1.1 acres of wetlands. There is always a buffer zone of open space and then wetlands between any developable lot and the trout farm property in drainage basin "C". Drainage basin "D" is the portion of the development that could also contribute surface water that would go to the trout pens/runs. Drainage basin "D" is approximately 4.3 acres, of which approximately 0.9 acres are designated as area that could be developed. Of that 0.9 acres, only a portion of it would be impermeable or grass area. The balance of the drainage basin is approximately 2.9 acres of open space (including the historic house on Lot 1 of Phase 1) and 0.5 acres of wetlands (Figure 5.1). Like drainage basin "C", there is always a buffer zone of open space and then wetlands between any developable lot in drainage basin "D" and the trout pens. Impacts due to surface runoff from the development are considered insignificant because of a) the high permeability of the surficial soils, b) the large vegetative and wetlands buffer zone between the development and trout farm, c) the small size of the portion of the development that could become homes, streets, and grass which are within the drainage basins of the trout farm, and d) the filling-in of the drainage ditch near Lot 1 of Phase 1. Additionally, because recharge is greater when the property is developed, less water will be available for surface runoff under developed conditions (when compared to current conditions). The recharge rates are presented in the response to Item 3 and are based on the calculations presented in Eichner and Cambareri, (1992). The effects of homeowner use of pesticides has not resulted in the mortality of fish in ponds on Cape Cod, most notably in areas where housing density and lawn areas that are within the surface water drainage basins and groundwater contribution areas of the ponds are many times greater than the proposed development. A number of ponds in the western portion of Cape Cod have been the subject of intensive studies (to establish the relationship between potential contamination from Otis Air Force Base and fish mortality). Control ponds (outside of the influence of potential contaminants from the base) and study ponds (within contaminant plumes from the base) have been examined and no link to pesticide use and fish mortality has been determined. 24 Responses to CCC Comments March 21, 1999 Additionally, levels of pesticides in the range that is toxic to fish have not been found in any water supply well or pond on Cape Cod. It is therefore unlikely to assume that a low-density development that contributes only a small portion of groundwater to the trout farm would have any effect on the mortality of the fish. Temperature - Because open space and wetland buffer zones will be maintained on the Conant property, the effect of impervious surface runoff on surface runoff temperature will be insignificant. The effect of impervious surface runoff on groundwater temperature is also negligible because of the following: • The relatively small area of impervious surfaces compared to the size of the total land area (i.e., total project size is 24.99 acres, of which 7.6 percent, or 1.89 acres will be impervious). • The closest proposed impervious surface is 600 feet or more (about 1 year of travel time) from the trout pens/runs. • The small proportion of water, that falls on impervious surfaces within the development, that could become groundwater that then discharges to the trout pens/runs. • The heat capacity of the unsaturated and saturated zones (i.e., the ability of the aquifer to act as a temperature buffer). • Surface temperatures of the impervious surfaces are likely to reach an equilibrium that is close to (or the same as) average groundwater temperatures when considered over the course of an entire year. Just like recharge over natural areas, runoff from impervious surfaces that becomes recharge is likely to be warmer than the average groundwater temperature during the summer, colder than the average groundwater temperature during the winter, and about the same temperature as groundwater for much of the year. Ammonia - Nitrogen in domestic wastewater and. aquifers has been studied in numerous publications, including Canter and Knox (1985), Fetter (1993), Freeze and Cherry (1979), and Minear and Patterson (1971). The studies have found that the predominant form of nitrogen in septic tanks is ammonia, because it is the most stable form of nitrogen in the highly reducing environment of a septic tank. Once leaving the septic tank and entering the drain field, all of the studies cite the rapid conversion of ammonia to nitrate. Because of the highly oxidizing conditions in the drain field, the stable form of nitrogen is nitrate. The reaction takes place within several inches to about 1 foot of the bottom of the drain field. The conversion from ammonia to nitrate is facilitated by ammonia absorption to soil particles, oxygenated groundwater, and a few feet of separation between the drain field and water table. At the development, conditions are ideal for the conversion of ammonia to nitrate because of the approximate 20 foot separation between the drain field and water table. The references cited above also report alarmingly high levels of nitrate in groundwater as a result of contamination from septic systems. However, in each case the housing 25 Responses to CCC Comments March 21, 1999 density was many times greater than that proposed, soils were relatively impermeable, the waste disposal system was improperly designed, the dissolved oxygen in the groundwater was low to none, and/or the depth to the water table was within 0 to 3 feet of the bottom of the drain field (none of the studies mentioned ammonia contamination). Conditions required for nitrate contamination do not exist at the development. The conversion from nitrate back to ammonia has also been the subject of many studies (e.g., Appelo and Postma, 1993, Hemmond and Fechner, 1994, Ward, et. al., 1985). Nitrate can convert back to ammonia only after all of the manganese, iron, and sulfate have been reduced. The conversion of nitrate to ammonia is accompanied by fermentation and the production of large quantities of methane gas. The most favorable conditions for the conversion back to ammonia exist in deep oceanic sediments; groundwater conditions found on Cape Cod cannot support the conversion of nitrate back to ammonia. A worst-case scenario calculation can be used to put ammonia concentrations in perspective. Canter and Knox (1985) describe a case study where the conversion of ammonia to nitrate was between 80 and 90 percent in a location with a high water table (about 5 feet deep) and clay soils. The Conant property has a low water table (about 20 feet deep) and sandy soils. Assuming that 20 percent of the nitrogen leaving all of the drainfields is ammonia, then the ammonia concentrations would be 20 percent.of the nitrate nitrogen concentrations shown on the table on page 15. Assuming also that all wastewater flow goes to the trout farm, the resulting increased ammonia load to the trout farm would be 0.03 mg/L (i.e., 20 percent of a nitrate nitrogen concentration of 0.15 mg/L). By comparison, the chronic exposure criterion for ammonia is between 3.48 and 3.08 mg/L. Chlorine - Household bleach is a strong oxidizer that is typically a 5 to 6 percent solution of sodium hypochlorite (NaOCI). In water, sodium hypochlorite quickly disassociates to oxygen, and sodium and chloride ions. This reaction would be facilitated in the highly reducing environment of a septic tank. The presence of organic material and ammonia in the septic tank would further consume any free chlorine that could be. present prior to discharging to the drain field. An additional safety factor is added when considering that only a fraction of the wastewater generated at the development could discharge to the trout pens/runs and the dilution ratio of wastewater to total flow onto the trout farm property. Also, similar to the potential effects of pesticides on fish health, studies have not shown any correlation between the use of chlorine bleach and detrimental effects to fish on Cape Cod, especially in areas where the housing density is much greater and geologic conditions related to drainfield effectiveness is much worse than at the proposed development. 26 r Responses to CCC Comments March 21, 1999 Travel Time - Groundwater velocity can be estimated using the hydraulic conductivity and porosity of the aquifer materials and the groundwater gradient. According to Fetter (1980), the range in hydraulic conductivity for well sorted sands and glacial outwash (the type of aquifer material found at the site) is from 0.001 to 0.1 centimeters per second (cm/sec). A good estimate of porosity is 30 percent (Freeze and Cherry, 1979). The distances along flow lines between the closest septic tanks and the trout farm water supplies are shown on Figure 5.2 as lines A-B, C-D, and E-F. Using the mid- range of hydraulic conductivity for the aquifer materials (i.e., 0.01 cm/sec), a porosity of 30 percent, and the distances and gradients shown on Figure 5.2, the following range in travel times can be calculated: STARTING ENDING GROUNDWATER SIMPLIFIED LINE DISTANCE HEAD HEAD VELOCITY TRAVEL TIME A-B 520 ft 27 ft 21 ft 1.2 ft/day 430 days C-D 520 ft 27.5 ft 20.5 ft 1.3 ft/day 400 days E-F 650 ft 29 ft 18 ft 1.7 ft/day 380 days Travel time in the above table is referred to as "Simplified Travel Time" because it does not account for vertical travel within the aquifer. Both downward and upward groundwater migration would add to the travel times in the above table. REFERENCES Appelo, C.A.J. and Postma, D., 1993. Geochemistry, Groundwater and Pollution, A.A. Balkema Publisher, Rotterdam, the Netherlands. Canter, L.W. and Knox, R.C., 1985. Septic Tank System Effects on Ground Water Quality, Lewis Publishers, Inc., Chelsea, MI. Eichner, Eduard M. and Cambareri, Thomas C., 1992. "Nitrogen Loading", Technical Bulletin 91-001 (Final), Cape Cod Commission Water Resources Office, April, 1992. Cape Cod Commission, 3225 Main Street, Barnstable, MA, 02630. Federal Register, 1998 (August 18, 1998). Volume 63, Number 159, pages 44256- 44258: Environmental Protection Agency [OW-FRL-6147-1], Water Quality Criteria, Action: Notice of Updated Recommended Aquatic Life Criteria for Ammonia in Freshwater, and Request for Comments. Fetter, C. W. Jr., 1980. Applied Hydrogeology, Charles E. Merril Publishing Company, New York, NY. Fetter, C. W. Jr., 1993. Contaminant Hydrogeology, Macmillan Publishing Company, Columbus, OH. 27 Responses to CCC Comments March 21. 1999 Freeze, R.A. and Cherry, J.A., 1979. Groundwater, Prentice-Hall, Inc. Englewood Cliffs, NJ. Hemond, H.F. and Fechner, E.J., 1994. Chemical Fate and Transport in the Environment, Academic Press, Inc., San Diego, CA. Hurley, S., 1998. Letter from Steve Hurley, Southeast District Fisheries Manager, Commonwealth of Massachusetts Division of Fisheries & Wildlife. to Rob O'Leary, Cape Cod Commission, dated October 20, 1998. J. Doyle Associates, 1998. "Preliminary Subdivision Plan, 'Phase Two', Prepared for Conant Nursery Trust, West Barnstable, MA". Map prepared by John P. Doyle, III, Registered Land Surveyor, June 4, 1998. Minear, R.A. and Patterson, J.W. 1971. Septic Tanks and Groundwater Pollution, paper published by the Department of Environmental Engineering, Illinois Institute of Technology, Chicago, IL, and included as an attachment to a December 22, 1998 letter from Robert B. Wood (West Barnstable, MA) to Ms. Gabriel Belfit of the Cape Cod Commission. Town of Barnstable, 1998. Map showing the Conant Property and surrounding area from the Graphic Information Systems Unit. Scale is 1 inch = 100 feet. Vegetation, topography, and planimetric data interpreted from 1989 aerial overflights; parcel data digitized from 1995 engineering assessors maps. File: PUB130.dgn dstp 12-28-98. Ward, C.H., W. Giger, P.L. McCarty, 1985. Ground Water Quality, John Wiley & Sons, Inc., New York. 28 o- �` � ram\\ ��. ..`::..�.. .�-� _, FARM • V. �ET1ALv IJb \ :.:ice- . ��-.. -`�:i....,- le.M�'���� • J � `+ oResponses to CCC Comments "`✓ o March 21. 1999 - -- - - Edtt o�-�'lo�w� C"�G��� '� I G.,�+�«. lac,;,•, ;,_ -•Q.. Oxv:dt, .,:..5 f 'r $.;t!-�:C Z 't�f.��f ✓n�G hT :yf CG.r� - cDa1a ac.x:.. 'moo �co.,� pars �rvn 29 1 1 Z• '6 lea .• 26:,Z t J ..r � ♦1RT1 •' � � 1 t�� ZZ.a H.4 ,4 t `8 'ems ,�__._--•�� \ � 3 NIO ` J IC a l3•� i �� ol(4 N / i 0 Z3•K l�•�6u loc4�•o►J � A 4 D tzo vCr Responses to CCC Comments <<EJt4TJO/,1 March 21, 1999 z - � =•�R��c.f �tQTErZ r� LOc r�Tloti1 �Fn1C u�E�/►1T�c71� . �pAJTO-C` 0.�r2r i 2 a�1L 30 Responses to CCC Comments March 21, 1999 CONCLUSIONS An examination of the hydrogelogy in the vicinity of the Conant property and trout farm indicates that the proposed development 13 homes on the 25 acre property) ( p perty) will have no adverse effect on the trout farm operations. The following conclusions support that finding: • Only a portion of the groundwater that originates as recharge on the Conant property could discharge to the trout farm wells and seeps. • The recharge area for the trout farm is approximately 645 acres compared to the fraction of the 25 acre Conant property that could provide recharge to the trout farm. • Any wastewater discharge from Conant property drainfields that could migrate to the trout farm would be combined with the total recharge on the Conant property and diluted. • The estimated increased nitrate nitrogen load to the trout farm is 0.11 mg/L, using the CCC estimates. According to the CCC, 0.11 mg/L of nitrate nitrogen is "...within the range of current nitrogen fluctuations as shown by the water quality results, and considerably less than the amount generated by the trout population's natural processes." • The vast majority of the Conant property that could provide surface runoff to the trout farm property will be undisturbed open space and wetlands. • There is always an open space buffer zone followed by a wetland buffer zone between any developable lot on the Conant property and the trout pens/runs. • Trout have a high tolerance for nitrate. Virtually all of the nitrogen originating from the Conant property will be nitrate. Under an unrealistic worst-case scenario, an increased ammonia concentration of 0.03 mg/L in the trout farm water supply was calculated; the chronic exposure criterion for trout for ammonia is between 3.48 and 3.08 mg/L. • The development will not affect the temperature of the groundwater: • Fish mortality from pesticides or chlorine has not been observed in any pond on Cape Cod, including areas where the housing densities, percentages of impervious areas, and percentages of lawn areas are far greater than those proposed by the Conant property. It is unreasonable to assume that detrimental effects could occur from a low density housing development with minor contributions to groundwater flowing to the trout farm. 31 Biohome/Nitrifying and Denitrifying bacteria http://www.aqua-bio.com/biohome/nit.html Aqua% Nitrifying and Denitrifying bacteria Nitrifying and Denitrifying bacteria live on the surfaces of any material in the filter, and can be made from many products in different configurations such as sponges, corrugated tubes and pipes, drinking straws and many different mesh weaves. Most biofilters require a large amount of media, are unsightly and extremely inefficient, plastic mediums can also release toxic compounds into the aquatic environment. Cross section meat of plastic media wall: k k1 fi Conuentional plastic binfilter media Nnerobic Bacteria Plastie media Wall lilater flow through media As you can see, the bacteria all cling to the wall of the media, it has been shown in scientific trials, this is a very unstable enviroment for the bacteria and they suffer greatly from a wide range of environmental stress. They therefore don't function at peak efficiency, evidence of this can be seen in the differing performance levels between plastic media and clay media, the next step in the evolution.of biofilter media. What is Biohome?I Nitrifying and Denitrifying bacteria I Benefits of using Biohome I Where is Biohome used?I History of BiohomeI Why do I need a biofilter?I How much do I need?I Technical dataI Price Copyright(c) 1997 Aqua biotechnology ALL RIGHTS RESERVED 1 of 1 6/11/99 9:36 AM Why do I need a Biofilter http://www.aqua-bio.rom/biohome/why.html Aqua# tOGC * Y Why do I need a biofilter? A "Biofilter" is a device which removes Ammonia and other poisonous nitrogen compounds from aquarium water. Water flows from the aquarium into the biofilter which houses bacteria on media. Bacteria live in the media and digest waste from the water as it passes through the media, then clean water is returned to the aquarium. Water �I from 9u� Aquarium a �I I Return tom s s. Rquarlum Bacteria live on the surfaces of any material in the filter, and can be made from many products in different configurations such as sponges, corrugated tubes and pipes, drinking straws and many different mesh weaves. Ceramic and clay beads and pellets are also available but don't have anywhere near the available surface area as Biohome. The makers of these products are at times inclined to state, "all sintered glass media such as Biohome, have voids which are too small for bacteria." However Biohome was developed as the most advanced solution to this challenge and is not just another sintered glass media. Most biofilters require a large amount of media, are unsightly and extremely inefficient, plastic mediums can also release toxic compounds into the aquatic environment. What is Biohome?I Nitrifying and Denitrifying bacteria I Benefits of using Biohome I Where is Biohome used?I History of BiohomeI Why do I need a biofilter?I How much do I need?I Technical dataI Price Copyright(c) 1997 Aqua biotechnology ALL RIGHTS RESERVED 1 of 2 6/11/99 9:37 AM Aquaponics at Cabbage Hill Farm http://www.cabbagehilifarm.org/aquaponics.htm] .......................................................................................................................... .......................................................................................................................... .......................................................................................................................... .......................................................................................................................... Pucge1t234367 ; HoE Aquapon r a � :ABOUT:: F'►latK Cabbage Hill Foundation has designed and operated a simple recirculating aquaponic system. rii.opl> Aquaponics refers to the integration of hydroponic plant culture and fish aquaculture in one mutually beneficial system. It is the BREEDS sustainable production of nutritious greens and high protein fish in an environmentally sound greenhouse EDU'' ` setting. The system is free of camYorr g� Y ....................... chemical pesticides and antibiotics due to the unique balance between fish, plants, and nitrifying bacteria. ;..................EWS ;: BU ::: Solid fish waste is discharged from the greenhouse into a constructed EINi<s reed bed where emergent aquatic &INF° plants further process the effluent before discharge. The system arose from years of trial and error. The success of our system is greatly due to the vast pool of people and resources we have had opportunity to talk with. We are now offering technical support in various areas of aquaponics. The aquaponic system is mechanically simple and relatively easy to run. The system can be constructed with one fish tank or as many as desired. One tank systems are ideal for educational purpose with room for expansion if desired. Production oriented systems are designed with tanks in groups of four. This manual will help suggest how to construct and operate an aquaponics system. The system is not a turnkey system and may not be suited to everyone's needs, but the system is simple in design and 1 of 3 6/11/99 9:29 AM Aquaponics at Cabbage Hill Farm http://www.cabbagehilifarm.org/aquaponics.htmi operation and has the ability to provide a good quality product for sale or personal consumption. P. kYx s �` ipry l+ ,..:........ fin... �...... a,s ..... . .:.:.. ........... 8 »iY : .: : 2 of 3 6/11/99 9:29 AM About the Farm... http://www.cabbagehillfarm.org/farm.html ............................................................................................................................................................................................................................................................................................ _..........................._........._............................................_......................_......._.........._.__............. :;Q`c"-'. ABOUT` TIDE FARIVI*.. : : ... .HdME Trumpeter swans greet you by the entrance gate; Shetland sheep gaze and forage anon r the woods l kh 6 Pgm 7 Shetland geese and ducks, CrIouoester Old Spot and ..::::.i.%1 w:::.AI:l1..:::.1.I.::.I�.. THE g Ing. g : . ....... ..FARM iC,ar a Mack s are acnon the rare breeds raised on the farrri Some of these anlrriahs survive in numbers sb low they ark critically endangered Among the goals 0fCabbage Hill'Farm are to help save the most endangered species by breeding thew, preserving and de.m. trating their unique;and practical iliaractenstics pEbi+I Ra►1 The historical farm animals don't need shelter, staying out in all kinds of weather :BREEDS and are traditionally grazed without the need for grain. They birth on their own and Y are heartier than "production" animals. At Cabbage Hill Farm we believe that ` anybody who has a small farm should consider these kinds of animals. ....................... EDu € CATION rri a large aquaponlcs greenhouse fish and plants are raised in;a closed reclrculatlri€g system 'T1ie system demonstrates techniques for a renewable, sustainable future and apua serves asa testing ground for new Ideass a prototype for replication the 1'bNIC$ greenhouse combYnes year round food production with"hands on" learning pf skills and sound ecological%practice Tilapia fish, salad greens, fruits and vegetables are produced in an environment ::NEWSJ6 * � -, � � , ::: ::::Buzz::: sensitive to the need to conserve resources, recycle nutrients and serve local and <: ,< regional markets. 10,000 gallons of water move through the biosystem which uses ::.LINKS:: fish effluent to grow plants. The whole thrust of the farm is to be "organic" and SIN''°. avoid chemicals. Itl the greenhouse, deelopilg high'density 1`ish and veetable'production rriethcxls...... while presprviiig the etvir©nments:the most Important Water quah Is a priority t constricted wetland demoanstrates natural waste water treatment,:using nidigenouls.ptari s This Is an example. . restive solutions o.problems thafi gn . .. beyond the boundaries of the . r;T Itself Soil management is accomplished through composting, rotational grazing and the use of natural fertilizers. This type of integration of the various parts of the farm underscores the holistic approach taken at Cabbage Hill and the efforts being made to balance to old and the new as we move forward into the next century. The farm provides a wealth of educational opportuniI.ties Thrdugh azi open' exchange cif ideas and nf`orir ation Cabbage 1Hill;provides an edueat oral link for those niterested in sustainable agriculture,:aquaponlc.9 and historic farm animals V18I$0rs have toured the farm from as far away as Israel and Kenya as we, .:1. gr©ups of local school'.children Building rehatloiiships with local nature centers, after school and.day care programs:the farm ofl"ers an extension to their regular : program:as well as a wonderful adventure for the children VVvrking with co11 ;: ..aticl univc: Wes ail Intern program is under way ... ....... .. __...... .. .. ... .... ..... . . .. .. 1 of 2 6/11/99 9:25 AM ;! l (executive 01pe 0/ &?11 toxmrntfd d1ld xd §194ax6ment 0/" con2ri Qfta4'y. In mrex(nf ANTHONY D. CORTESE Sc. D Jai/1�vrr0/ ,g7fi n Commissioner eLar�vnr//o �n,��ii/a(, a,Lrri(vur//e, .�f�a,�;lrcljii;sv/(1 1t?3.GG PAUL T. ANDERSON Regional Environmental Engineer �Q]-1231, Ext. 630-684 November 18, 1982 Down Cape Engineering RE: BARNSTABLE--Subsurface Sewage Disposal 926 Main Street System--Proposed Tight Tank for Route 6A Robert L. Rathbun, Located at Rathbun Yarmouth, Massachusetts 02675 Trout Farm, Route 149: Meeting House Way Gentlemen: The Department of Environmental Quality Engineering, Division of Water Pollution Control, in response to requests relative to the above referenced sewage disposal system, has had one of its engineers review a tight tank plan in one (1) sheet titled: rr Sewage System (Holding Tank & Overflow) in Barnstable, Mass. owner: Robert L. Rathbun Scale as noted July 29, 1982 Down Cape Engineering 9/13/82 Rev. Per BBOH Civil Engineers 9/16/82 Rev. Land Surveyors Rte 6A-Yarmouth, Mass. �t The plan proposed to dispose of 110 gallons of sewage per day from a caretaker's dwelling by means of a 2500 gallon capacity holding tank equipped with an alarm designed to sound at three-fifths (60%) capacity. In addition, a 1000 gallon reserve holding tank is also proposed. The tank shall be pumped as necessary and the contents disposed of at the town septage receiving facility at the Barnstable treatment plant on Bearse's Way, as outlined in a signed proposal from Edwin J. Pina Sr. b Son Inc. dated 17 September 1982. The Department of Environmental Quality Engineering hereby approves the plans with the following provisions: 1. Chlorination shall not be provided. 2. The three-fifths level alarm warning system shall include both a bell and indicator light. 3. The Barnstable Board of Health must certify that the system will be monitored by them to insure that it is being properly operated and maintained. 2 - 4. Failure of the owner or other person (a) having control of the tank to pre- vent overflow conditions and to insure proper maintenance will constitute sufficient grounds for the revocation of approval for use of the system. 5. Construction of the system shall be in strict accordance with the approved plan and Title 5 of the State Environmental Code. No changes will be made in the approved plan without prior written approval of this Department. 6. A Disposal Works Construction Permit must be obtained from the Barnstable Board of Health prior to the start of any construction. 7. Prior to backfilling the system, written certification that the holding tank has been installed in accordance with the approved plans and Title 5 must be submitted to the Barnstable Board of Health and this office by the Registered Professional Engineer who stamped the plan. Nothing in this provision is intended to interfere in any way with the right of the Board of Health to inspect the project facilities during any phase of construction. 8. This proposal must also comply with any requirements as set forth in the Order of Conditions issued for this project on October 19, 1982 by the Barnstable Conservation Commission under File No. SE 3-921. The holding tank shall not be utilized until a Certificate of Compliance is issued by the Barnstable Board of Health. No environmental notification form is required to be submitted for this project since it is exempt under the Environmental Protection Regulations of the Executive Office of Environmental Affairs and the project has therefore been determined to cause no significant damage to the environment. Enclosed, herewith, are stamped, approved copies of the plan, a copy of which must be kept on the site and used for construction purposes. Very truly yours, For the Commissioner Robert P. Fagan Deputy Regional Environmental Engineer F/TK/re Enclosure cc: Barnstable Board of Health Town Hall Hyannis, Mass. 02601 Robert L. Rathbun Box 194 W. Barnstable, Mass. 02668 - 3 - cc: Wetlands File SE 3-921 Barnstable Conservation Commission 397 Main Street Town Offices Hyannis, MA 02601 t of A Log Number 0600 sa BARNSTABLE COUNTY HEALTH DEPARTMENT SUPERIOR COURT HOUSE Q BARNSTABLE. MASSACHUSETTS 02630 wse ►HOHtt !et-Ml t txr. mat DRINKING WATER LABORATORY ANALYSIS ' Clients Robert Rathburn` Name of Cellector: Robert Rathburn Sample Locations Croaker Affiliation: Owner Time and date of collection: _� a.m. s 4.13-81 Type of Supply: Pate of Analysis: 4-13-81 Parameter Sample Result Recommended Limits Celiform Bacteria (organisms/ml) 60 0 pH 6.1 .21 0.3 Iron (prm) Nitrates-Nitrogen (ppm) <.o4 10 CAn&10tivity (miervehols/cm) + 500 I i Water sample meets the r@cemaanded limits of all above tested parameters. Water samplo is drinkahle but harp higher than average levels of This does not represent a health hazard but future monitoring is recommended. Water sample is drinkable but may rresent asathetic (staining, odor, 6r taste) prolo+lems to users. z Water sample is of po-+r quality and is not recommended to be used for human consumption. Resampling and retesting is suggested. Results only. REMARKS: Barnstable Board of Health cc: cc: Analyst: A� Log Number n599.___ sa BARNSTABLE COUNTY HEALTH DEPARTMENT SUPERIOR COURT HOUSE 'h BARNSTABLE, MASSACHUSETTS 02630 Ale ds FHON[I 092-251 t XXT. 231 DRINKING WATER LABORATORY ANALYSIS Rob R thburn Name of Cellector: Client: ert a - Robert Rathburn Sample Location: .r 6&„Dan 3:94 Affiliation: QW mv- Time and date of'collection:g Type ofof Supply: -- wall 4-13=81 Date ef'Analysiss 4-13-81 Parameter Sample Result Recommended Limits Celiform Bacteria (organisms/ml) 0 p 5.6 Iron (pPm) .18 0.3 Nitrate-Nitrogen (prm) 2.0 10 Cmndactivity (mieroM s/cm) 118 i 500 Water sample meets the re(Feniumded limits of all above tested parameters. Water sample is drinkable but has higher than average levels of This does not represent a health hazard but future monitoring is recommended. Water sample is drinkable but may rregbnt aesthetic (staining, odor, or taste) pro)%loa:ms to users. . Z Water sample is of poor quality and is not recomended to be used for human consumption. Resampling and retesting is suggested. Results only. REKARKS: cc: Barnstable Board of Health cc: Analyst: u -o-o- Propos ed 40 100, 1 a r !� L.vT A 1-f_' p�. 3�7 Pcl �3 4 1 J \. 20 . 00 z . il.. w. I., •_, � �:. : ' � ` � p ..,.:•fit � �. r �pNJ Vj jf a 20 •'a �.i a✓i :� ��� I �I�I -7 {I OI /fO Ur5 .. J .` � � -L� D. rS 'r IV OA TuM .M•5.G. uSE : OCC Gar. Tiq�/k 7-E57` NOL E / TEST . HOL 45- ✓ r ,/ eleJ 198 ►, 1 _O M P y T Y�'7'1 �t.�. r 0�� 2 5�� Z lS—ACH �Z2 G►JG N t�- t—o<+r•-Y 4�- Z. S= (:;�,S ESa--rT-C> rr- -- - ---- GLEa►J Cl.�iA Z5 V Z l = 50 GAlt Msblumpw McD�uK T����-�I�� C�1yL. >.�d� �4.'8w�•.te..�- Cc�� 1ST 'Sw SA�� vN sv ►-�-�•.� LE t"l.A.-r�cz,i.oL :. i e a,-) c�►J'T'�K � 'T'U. . Fsc:iZE I o V� -�TiWL LIMA GI- ! .)C.• I�QEA D 'QS.QLAC E: . SJv 1 TN Ct—=A► Sl` ci 776 r�.e vim.Yo re s �1 ��5�C.'�: 1.. - _�•�D i�c�p M - C�,`�'"�'"A �� MOI�TH•� /�YA�S S. � � R F: C. 3 ' , R • ` +.�/�1 G�r�. A•5 �;t-/C�G�./IV p i9�'� .. ��-t3�1..1►A P��t' s Z. 1 99 ARNE a OJ`AIA i a r � f ,y� 1, t ` _ � '� ... 1 +� � •1 +', .. J .. ;Q CERTIFICATE OF ANALYSIS Page. 4, Barnstable County Health Laboratory Report Prepared For: Report Dated: 2R6/99 Nickulas Building Company Order Number: G9901340 Andrew Miller 578 Huckins Neckk Road Centerville MA 02632 Laboratory ID#: 9901340-01 Description: water Sample#: HF-99-01 Samyline Location: "urface Collected 2/7/99 Collected by: AMM- Received 2/8/99 Test Parameters ITEM RESULT UNITS MDL MCL Method# Tested LAB:Inorganics i Ammonia 0.9 mg/L 0.1 EPA 350.3 02/18/1999 LAB:Microbiology Fecal Coliform Present per 100 mL 0 0 Colilert 02/08/1999 Routine ITEM RESULT UNITS MDL MCL Method# Tested LAB:IC Lab Nitrate 0.9 mg/L 0.1 10 EPA 300.0 02/09/1999 LAB:Metals Copper <0.1 mg/L 0.1 1.3 SM 3111B 02/11/1999 Iron <0.1 mg/L 0.1 0.3 SM 3111B 02/11/1999 Sodium 26 mg/L 1.0 20 SM 311113 02/11/1999 LAB: Microbiology Total Coliform Present P/A 0 Absent P/A 02/08/1999 LAB: Physical Chemistry Conductance 210 umohs/cm 1 EPA 120.1 02/08/1999 pH 7.3 pH-units 0 EPA 150.1 02/08/1999 Note: Exceeds the recommended maximum contamination level for drinking water due to the presence of Coliform Bacteria High levels of sodium. Superior Court House, PO. Box 427, Barnstable, MA 02630 Ph: 508-375-6605 Q CERTIFICATE OF ANALYSIS Page. 2 gs Barnstable County Health Laboratory Report Prepared For. Report Dated: 2/26/99 Nickulas Building Company Order Number: G9901340 Andrew Miller 578 Huckins Neckk Road Centerville MA 02632 Laboratory ID#: 9901340-02 Description: Water Sample#: BF-99-02 Sampling Location: C-Wells Collected 2/1N9 .:oliected by: AZVII�t Received 2/8/99 Test Parameters ITEM RESULT UNITS MDL MCL Method# Tested LAB:Inorganics Ammonia 0.1 mg/L 0.1 EPA 350.3 02/18/1999 LAB:Microbiology Fecal Coliform Absent CFU/100 mL 0 0 MF 02/08/1999 Routine o ne ITEM RESULT UNITS MDL MCL Method# Tested LAB:IC Lab Nitrate 0.8 mg/L 0.1 10 EPA 300.0 02/09/1999 LAB:Metals Copper <0.1 mg/L 0.1 1.3 SM 3111B 02/11/1999 Iron <0.1 mg/L 0.1 0.3 SM 3111B 02/11/1999 Sodium 36 mg/L 1.0 20 SM 3111B 02/11/1999 LAB:Microbiology Total Coliform Absent P/A 0 Absent P/A 02/08/1999 LAB: Physical chemistry Conductance 278 umohs/cm I EPA 120.1 02/08/1999 pH 7.1 pH-units 0 EPA 150.1 02/08/1999 Note: Based on the results of the parameters tested,the water is suitable for drinking but has high levels of sodium.Persons on low sodium diet should consult their doctor. Superior Court House, PO.Bog 427, Barnstable, MA 02630 Ph: 508-375-6605 Q�y lop u Page: 3 CERTIFICATE OF ANALYSIS ' Barnstable County Health Laboratory ~S'f�Ckiti3. . Report Prepared For: Report Dated: 2/2N99 Nickulas Building Company Order Number: G9901340 Andrew Miller 578 Huckins Neckk Road Centerville MA 02632 Laboratory ID#: 9901340-03 Descrintion: Water Sample#: HF-99-03 Samoline Location: A-Well#3 Collected 2/7/99 -ollected by: AMM Received 2/8/99 Test Parameters ITEM RESULT UNITS MDL MCL Method# Tested LAB: Inorganics Ammonia 0.2 mg/L 0.1 EPA 350.3 02/18/1999 LAB:Microbiology Fecal Coliform Absent CFU/100 mL 0 0 MF 02/08/1999 Routine ITEM RESULT UNITS MDL MCL Method# Tested LAB:IC Lab Nitrate 1.2 mg/L 0.1 10 EPA 300.0 02/09/1999 LAB: Metals Copper <0.1 mg/L 0.1 1.3 SM 3111B 02/11/1999 Iron <0.1 mg/L 0.1 0.3 SM 3111E 02/11/1999 Sodium 18 mg/L 1.0 20 SM 3111B 02/11/1999 LAB: Microbiology Total Coliform Absent P/A 0 Absent P/A 02/08/1999 LAB:Physical Chemistry Conductance 155 umohs/cm I EPA 120.1 02/08/1999 pH 7.5 pH-units 0 EPA 150.1 02/08/1999 Note: Water sample meets the recommended limits for drinking water of all above tested parameters. Superior Court House, PO.Box 427, Barnstable, MA 02630 Ph: 508-375-6605 Page: 4 .CERTIFICATE OF ANALYSIS Barnstable County Health Laboratory `%t,PSACFN_ Report Prepared For: Report Dated: 2/26/99 Nickulas Building Company. Order Number: G9901340 Andrew Miller 578 Huckins Neckk Road Centerville MA 02632 Laboratory ID#: 9901340-04 Description: Water Sample#: RF-99-04 Samoline Location: F-Surface Collected 2/7/99 'ollected by: AMM Received 2/8/99 Test Parameters ITEM RESULT UNITS MDL MCL Method# Tested LAB: Inorganics Ammonia 0.2 mg/L 0.1 EPA 350.3 02/18/1999 LAB: Microbiology Fecal Coliform Present CFU/100 mL 0 0 MF 02/08/1999 Routine ITEM RESULT UNITS MDL MCL Method# Tested LAB:IC Lab Nitrate 0.8 mg/L 0.1 10 EPA 300.0 02/09/1999 LAB: Metals Copper <0.1 mg/L 0.1 1.3 SM 3111B 02/11/1999 Iron <0.1 mg/L 0.1 0.3 SM 3111B 02/11/1999 Sodium 12 mg/L 1.0 20 SM 3111B 02/11/1999 LAB: Microbiology Total Coliform Present P/A 0 Absent P/A 02/08/1999 LAB:Physical Chemistry Conductance 126 umohs/cm I EPA 120.1 02/08/1999 pH 7.4 pH-units 0 EPA 150.1 02/08/1999 Note: Exceeds the recommended maximum contamination level for drinking water due to the presence of Coliform Bacteria. Approved By: (Lab Director Superior Court House, PO.Box 427, Barnstable, MA 02630 Ph: 508-375-6605 ANM re MPr =- VP 6. July 211 1983 Mr. Robert Rathburn Rte. 6A West sBairistaMle,=01a. 004668 Re: Trout :min, Rte. 6A, Nest Barnstable Dear Mr. Rathburn, The septic system installed bra your property was inspected on May 24, 1983 for compliance and was found to be in violation of Title 5 of the State _... Environmental Code and the Town of Barnstable Health Regulations. The system was not constructed in accordance with the appFoveJ plan. The following violations of 310 CMR 15.00, The State Snviconmental Code, Title 5, Minimum Uquirements for the Subsurface Disposal of Sanitary Sewage were observed: 15,02 (8) Building occupied without a certificate of compliance. Onsite sewage not installed in accordance with approved plan. 15.02 (17) Impervious materiAl not excavated and replaced with clean fill extending twenty-five (25) feet beyond the field in all directions. 15.02 (22) System installed in area designaded as reserve. 15.15 (3) The bottom of the-leaching field i 'a approxi>Bately`,threi (3) ~feet, from ground water. 15.15-(4) The leaching field consists of one (1) dislrribution line. The designing engineer has not certified in writing to the Beard of Health that his design has been complied with. You are directed to correct all violations within seven (7) days of receipt of this order. You may request a b"ting if a.; )rl ttjen petition is received by the Board of Health within seven (7) days after the order has been served. ,J i?. '_ F#Llure to comply could result in a fine of not more than five hundred dollars ($500iW0 . Bach separate day's failure to comply vith an order shall Ya,poastLtute a separate violation. John M. Kelly Director of Public Healab JXK/ja 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 1 10.04: continued (b) Normal maintenance or improvement of land in aquacultural use means the following activities, when done in connection with the production of aquatic organisms as defined } above: draining,flooding,heating,cooling,removing,filling,grading,compacting,raking, tilling, fertilizing,seeding,harvesting,filtering,rafting,culverting or applying chemicals in - conformance with all state and federal laws; provided, however, that such activities are clearly intended to improve and maintain land in aquacultural use and thatrbe tv,�ilable �::� -measures are utilized to'ensufe 'v Ii o_a effect,oe wetlands outside the area in aquacultural use,and further provided that removing,filling,dredging or altering of a salt marsh is not to be considered normal maintenance or improvement of land in aquacultural use. Area Subject to Protection Linder M_G_L. c. 131_ §40 means any area specified in 310 CMR 10.02(1). It is used synonymously with Resource Area,each one of which is defined in greater detail in 310 CMR 10.21 through 10.66. f Rank(coastal)is defined in 310 CMR 10.30(2). Rank k(nland)is defined in 310 CMR 10.54(2). Beach(barrier)is defined in 310 CMR 1029(2). Beach(coastal)is defined in 310 CMR 10.27(2). Beach (inland): a naturally occurring inland beach means an unvegetated bank as defined in 310 CMR 10.54(2). Best Available Measures means the most up-to-date technology or the best designs,measures or engineering practices that have been developed and that are commercially available. Best Practical M asur c means technologies,designs,measures or engineering practices that are in general use to protect similar interests. Bordering means touching. An area fisted in 310 CUR 10.02(1)(a)is bordering on a water body listed in 310 CMR 10.02(1)(a)if some portion of the area is touching the water body or if some portion of the area is touching another area listed in 310 CUR 10.02(1)(a)some portion of which is in turn touching the water body. Bordering Vcgetated Wetland is defined in 310 CMR 10.55(2). Round aty means the boundary of an Area Subject to Protection Under M.G.L.c. 131,§40. A description of the boundary of each area is found in the appropriate section of 310 CMR 10.00. For coastal areas,see 310 CMR 10.21 through 10.37;for inland areas,see 310 CMR 10.51 through 10.60. Breeding arras mean area used by wildlife for courtship,mating,nesting or other reproductive activity,and rearing of young. B iffer 7nne means that area of land extending 100 feet horizontally outward from the boundary of any area specified in 310 CMR,10.02(lXa). Certificate of Compliance means a written determination by the issuing authority that work or a portion thereof has been completed in accordance with an Order. It shall be made on Form 8. Coastal Wetlands are defined in M.G.L.c. 131,§40,para.6. Commissioner means the Commissioner of the Department of Environmental Protection, pursuant to St. 1989,c.240,§ 101. 110 CMR-336 aala 2 April 6, 1983 •�. the haatrhexy., t"�14VYW-"02668 ;.- ti a m�� ..fitoute'149..,r-.Weat Barnstable �...: . Dear Mr. Rgtfikxan: You erO.'giAhteda variance to install a septic leaching trench 75 feet fron wetlands as designated by the Conservation Commission, ,in lieu Q�E the required l00 feet, at your Trout Hatchery, Route 1A9, '.We.St Barnstable. In addition, you are granted a variance to .;Qcate. a,,well JQ7 feet from a leaching trench, in lieu of the re-= qulr'ed lid feet?: The following conditions must be met: The .carstaker's. cottage can only be one bedroom with a ;r: a inlnm `Occ'npancy'of two persons. (2 ) Clotheswashers, dishwashers, and garbage disposal sys- tems cannot be installed. (3) The designing engineer must supervise the construction of the septic system and certify, in writing, to the Board that his design has been strictly adhered to. (4) Prior to the issuance of an occupancy permit, the well must be installed and the water tested bacteriologically f and chemically. The water must meet all of the standards established by the Safe Drinking Act of 1974. The proposed system meets all of the regulations contained in Title 5, of the State Environmental Code. This variance is granted to upgrade an existing facility that has the potential to harm the environment. It was also granted with the understanding that a caretaker was re- quired on the property at all times because of continuing vandalism r i.: Mr. Robert Rathburn April 6, 1983 Page 2 Aj)riI 6. 1963 at the hatchery. This variance expires May 1, 1984. y:;:6 ftbart RathAur. v yours, Ro t Ann Java Es aug i 1. .. .. • TOW ._Yi4;BAJWBi(P•BI ! C-f .. i ... .�K::1'1�'�:.. j..-!! `'G•�t`9L. i�.. � :)t i i.lSrj,�.:'1'.? .:�f:('..~ �S):l.. .. :.•... Tf(!"�t + � Jw mm ae�".� tion:.�JBSJOn".cc. ion a �.;: �•,di1jL:,i;_t ►�� ,• .a ten. 1� :+� t:�.•c. ,�;�, ,.._<<<.. 1.��.n S C.:tE'a:el= ,:% a.:.. ..:'�Z.-_- •, 4 4- iSJF�l'+ C:1<2}. a.s iCt12 1,: y�': ^}'i.':.iiZ•'i� H Y a', -..Ji'. tC::.._ .?, - .. is .)f' '1C: a• � _ ?: - C:. bill: S—A . �.L.'f.�. �'�'..'��::;:':.�i :JE�. ♦ .k p4. u .'r ; �l Li..•L an c t. -ail t:, .'j:if j�,• :�'[i ... r.... . �:t..1 4 i ....i i. ... ...:..., :1S &C) }; an ter' i , +•ac: Ufl the PI O[iex a«/ 1: E} .: �tuL.;� ` c ` .':�7_r .. >•9.i�° sR..'. <' - +1<F¢ST' Z,oF P(FIF Cu REMOVE ANY UNSV1`TA�tE vFL. W 1 T 1,V,-1 1-3 FT T014N 0; LOT = KN�T �A55E55OR5 MAPS 308 'r "tit Rc rT ZONING : RF - I {�C4 f-''JT.J LOT :'12ETOP \Oc�� �E►.��rtr-�� r, 20'MIN. PLF;..E trJ C_i=F.k ,-,5:��.._� FOUND. 10'MIN. T l�l ( f{--2C� 5ETBACKS: FRONT SE IC TN K 01c3T. BOX. LEACHING AC 1TY ' ` A------ /'Hlu Gaov+vo Covee PFAttb'� v ,4-- 31 17 COrx �. %OUr) 26`_ 9� C- C01'rC I �� ISOO CAL. J, SD.20 C �9 1dL. �0 1 , 32 2' 29,O 3z 29,°lb 2 1 OF F l.0 W =4-G-f oU I LET TEk Zo' �- 10 LOT RR c n ! 2 SECTION— 5EG4A6E VT Z OF / / t ► IR=S_ t T'ROPO=�rJ r'fi{:cK1VJc �0 3 FLOW DIFFUZr=k!S TEST 14OL E LOGS 4 DE51GN FOR ;:)RF HO U'SE S° Do GAS. MR ?A0FnW AMA/SS GPD. PER I>E;2SOfJ TEST 5Y: R� PERC.RATE 'e Z M/N.//N. DATE: FLOW RATE 6AL.IPAY �� � -• , h _ W/TNESS� SEPTIC TANK �{'�O ( �) Ce�1'S G4 L. i • { �� Try _ _ 'D T 1500 CAL p t v; \ TN # 1 A -REq . SEPTIC AmK i T j1{ ��` LEACHING FACILITY t� ` !a b?•� P1 8 A B SIDEAWALl"-b)2x0A�,=84,. 2.5�=ZI I•Z GAD S- N TH �'li; `c, 12"_ +toy Izo1J �— HORI zap 6oTToM 3/x3 Z.ea.o�1,p�: z85.oG/0=!.. Xt v . ♦ . 2 i SFU D ZZ — a 1• t TOTAL 5-1 Z.5 5F. =4` -?,Z G/D 1 `. 29` CIERN C', F L '1` — CLEW,) — CORD USE FLOW DIFFuS 'R_. E i I ' '" PP DEVrH C: i warE►Z — Flwr> z315 — 2-"0' NOTES � � � � ` 76.0' r ��— WA?I<R ! WOPPSED o i� ,r— �R1J e: 111 I 4 /. DATUM(HSL)t TAKEN FROM a'SAIJDINICH QUADRAKGLE P{AP { � W SITO I _( WELL r— G�ivG 2. MUNICIPAL WATER kSi .1CS� AYN/[.A�4F LION — GRArE=L 1� — TH 7 g�z.o � }; �r Rf.TE=-e�1�rr.vE � ti JJ II AVEL 3. DE516N LOAVING FOR ALL PRECAsr UAIITS:MSNO-97C, -44 — 1aa 14 LOAM I 4-P/P_F.awmrS SHALL semADEuATFRTI6FJT. TAns /` ✓` LOCFTIQIJ JAED, b.,CONSTRUCTION D,ET.AILSTO ae X ALCMVAWCE WJlW NO g ! CONC, LISGS RDJ VS-mkc— j-r LT COIyH.OF MUSS:S1'IITE.P."Vlltp>t MCAITAL CODt T/TL•E 7[ 5 W D 252 , ZONE 6 6. THIS PLAN POR_PJ OrO'S A1C O1ULY A14P tWOOLD AJOr — — — — — -- — -- — — Al>R tL /J SAND 8E VSED FOR WVPIff#Wr•4At fff*,AcIAI*. _ ,. '1'EDErE OF VAVEMFNT OF 149AO �0 ! SILTY �o ARNE AANE SlipiD ® ® _ t: . AZE. LPiN_....._...__._.. OJALAq CIVIL .r 221/ RW H2O y� END: #2634 4 A/V{�!/7.. 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