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HomeMy WebLinkAbout0045 PLANT ROAD - Health 6 ` 45 Plant Rd./J.P. Davey Hyannis �2 CJ it Tim , '�Q,`J2rG�R, f ` I.Y�InT ✓n�"�• ��U���T10/� �Z- � vas al^Ca� rns'�`� Ca��m?s�Tly 6y wil r GyM ao% J I WHILE YOU WERE AWAY FOiR v BOAT O—/ TIME % J P.M. M O F P..:HtaNE#) Rlt("�lFft�il~Q PHONE 61,7 ,S` Yt3RAt < AREA CODE NU R EXTENSION ` MESSAGE Pl15 GALI 1/sttL� AkL: f) Ali�f SIGNED TOPS FORM 4002 NOTES a �r , Par 710 RegO4 �q�� --7 71 7 PIAI ED J U N 2 2 1994 _ A f, I OMNI FITNESS 45 Plant rd Hyannis Ma 02601 to: Board of Health The water reading on june 21 1994 is 23820 cu ft. The last reading on April 15 was 20882.A total of 2938 cu ft was used in 65 days, averageing 45.2 cu ft per day or 329.6 gallons per day. A nitrate test is now being performed by the Barnstable enviormental labatories and will be submitted to the board upon completion. thank you Jonathan Davey 1 r 1 f,y FAX TRANSMITTAL I #of pages To: &AO From: Co. Co. Bamstable Health Dept. Dept. Phone# (50C) 790-6255 F 0(0( , cis y(o,CV Fax# (508) 7-15-33�14 I e.s R 0,4 a > a.80.00' / w04 lrOm ' _ 2OS (PRt L.69 73' 19 0:00 23. F f WIDE) 4•3 s r 120 C6 m. L �122 �r J2 / TIC SYSTEMeg� SEP , W 4 eyes / / PQUC p G y IS48p G. a TOI'.v A, Mw-1 e?v��O/NG / A op ao, 84RNSTge` F / y J Rpx� >�• ss• o>• G,Q 1. THIS PLAN IS SCHEMATIC ONLY AND SHOWS STRUCTURES O AND CONDITIONS EXISTING ON THE GROUND APPROXIMATELY �ccA p�RFcT(iNo�A T` . Fbc io,� CR M AIRPORT PLACE_ v Q'°� HYANNIS, MASS tlantic DESIGN ENGINEERS, INC. S► TE PLAN P.O. Box 1.051 , Sandwich, MA 02563 .(508) 888 — 9282 MAY 16, 1990 p r�rvs.,e/t- �6 �/43 �j J&W *** ** OF-620 ** -JOURNAL- DATE 08/27/1993 *:+: TIME 15:22 * * NO. COM DOC DURATION X/R IDENTIFICATION DATE TIME DIAGNOSTIC 18 OK 05 00:03'29 XMT T 97713062 08/27 15:19 8404402COBOO I -Town of Barnstable - -PANASON I C- 5087753344- �KaK KsKsk]K�K • A v. gao x .c�. 0540 r v, •I f U-�c,.. o d S-s JOB WORK ORDER c D ATE PF DRDER,"t USTOMER'S ORDER NO. PHONE IC HELPER STARTING DATE' BILL TO ORDER TAKEN Y ADDRESS bAY CITY RWORK CONT , -�, , G7�/ ACT Iv ❑ EXthA. JOB NAMEAIND LOCATION Ni F , ESCRIPTION OF WORK P Health f ,j ti ttment Town of Bamstable 4 OX Fax MO.- � ^65 T L T IIL LA90R TAX -4 DPECOMPLETED WORK ORDERED BY ✓ TOTAL AMOUNT I hereby acknowledge the satisfactory completion of the above described work. ❑No one home ❑Total amount due ❑Total billing to for above work;or be mailed when Signature dd lob finished. —3S®FORM 3868 `1 LITHO IN U.SA. DUPLICAt,E M • ��1 3 5��do _.___ -_ � - -------- �. � ,a .y :r .. ,; •, a M ' — � ` �} � , ti+, :.. .� .. .. ..'. � -. . � � �. { �4, .. ' � "t. •� $ , .. . � .� � � a �. _ -. 1� a �f. .. i �.1 ., �� ` ��,.� .... 4 i •e — j �. � - - - + SCHEDULE SHEET jCa, rs Title No............................... P GSP/am�/ x/ Grant Schedule of in County Locus Is this a complete schedule of all grants? Beginning Ending F m ✓. C Z,4 6j r0 7 :® �. '�r COLI CJ t (`v l to a - i) V. IT 41 low SAMOSET PRESS-PLYMOUTH - FORM 24 SCH96AILE SHEET �(N•l'Ir� 1. .......................... 5_ f. .Q 94 n . Grant Schedule of in County Locus nor Is this a complete schedule of sH giants? _ Beginning r O '`f '., P• .0. ,m `g Ze VIP -J. &on,3yea Rhli . - *�•�}� $!1.r,� ,��_ { S_ Th 't`' 'WK'.� ,off. - a S s '� n„ i `ti k k 'K, O tar•4,r F r;.,.,, ,.c.ri, ,- .• '_ a •-::k�; ...xi u:..,. a .. ^4. . ^dug '�<z��1ti.-;..•- !, tcs��4� ' � �+ s." ^�x ;s.,nY _s��+tti-: i, • �''� s:;, . - - - �}i•,-k i� s•�e„ ,a�:;�,{ 3'-.TES` . {t •i'K t' .., i7, xVi4) .rw.',Fa..a,: � _ i✓,:.a.. ,�4iT •r„„�-ia�..i, {'���..�4?bs,��,rr:S..i.:.. � lvx • �T ,�'�u�i a�.yy.e��.-.fie �r••� .v%: ,, . s x&�..dt*•asa �l�`..u4.t.J..-� ."r: �4 iP SAMOSET PRESS-PLYMOUTH -FORM 24 Ll r /6.F' cS 77 -- f I I • y ����yy A - O kyt • ki �r�v R gx - K. •'? f JOB WORK ORDER p5 `� ATE OF ORDER USTOMER'S ORDER NO. .PHONE MECHANIC HELPER STARTING DATE BILL TO ORDER TAKEN BY el;;114 er ADDR SS 7� � �� �j_ / ��/� ; -❑ DAY WORK CITY C� ❑ CONTRACT �r ❑ EXTRA JOB NAME D LOCATION JOB PHONE ESCRIPTION OF WORK, _.. .� Pz a 0 AIA T 7 T TOTAL LABOR TAX D E COMPLETED WORK ORDERED BY TOTAL AMOUNT $ I hereby acknowledge the satisfactory completion - ' Total amount due ❑Total billing to of the above described work. ❑No one home ❑ for above work;or be mailed when Signature lob finished. TOPS 10FORM 3868 LITHO IN U.S.A. ORIGINAL i _ t Y tow 4 t 1� INC. The Town of Barnstable Health Department 1 ""'ram .... ' 367 Main Street, Hyannis, MA 02601 �D 0 Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health September 17, 1993 James F. Davey Attorney At Law 207 Front Street P.O. Box 319 Scituate, MA 02066 Dear Mr. Davey: Attached please find comments from Gabrielle Belfit of the Cape Cod Commission regarding the proposed nitrate-nitrogen monitoring plan. As noted in the letter, you submitted information which was inadequate to interpret the existing water quality data. Site specific water table information must be submitted to the Health Department Office as soon as possible and prior to opening the "club" . I am also in receipt of a letter from James R. Borrebach of Atlantic Design Engineers addressed to Jonathan Davey dated September 27, 1993. The letter is incorrect in that it states there were two comments from Gabrielle Belfit of the Cape Cod Commission. Actually there were three comments from Ms. Gabrielle Belfit: ( 1) Site specific water table information must be submitted; (2 ) A multi-level well must be installed if the existing wells are not located properly to monitor the nitrate-nitrogen levels downgradient from the septic system and/or at the downgradient property line; and (3) Water *quality analysis must be expanded to include ammonia nitrogen. Site specific water table information is needed and the plan must be completed as soon as possible, not "after three quarterly sampling rounds" as stated by Mr. Borrebach. As stated to you in writing on September 20, 1993, the opening date for the "Club" may be delayed due to the lateness of your submission of the nitrate-nitrogen monitoring plan to the Board. However, as soon as the requested information is received, I will ensure that all three Board of Health members receive copies as expeditiously as possible for their review. Sincerely yours, Thomas A. McKean Agent of the Board of Health cc: Board of Health CAPE COD COMMISSION 3225 MAIN STREET es, ,4 p P.O. Box 226 v BARNSTABLE,MA 02630 • " • 508-362-3828 AS S FAX:508-362-3136 SFp fCE/J/`c'0 a 2 8 199, ~� Mr. Tom McKeon Barnstable Board of Health Town of Barnstable Hyannis, MA 02601 September 27, 1993 Dear Mr. McKeon; I have reviewed the proposed water quality monitoring plan'for the Omni Fitness Center and offer the following comments. tt 1) There is no site specific water table information available at this time for the project site, which makes it impossible to judge the adequacy of the current well locations, or interpret the existing water quality data. The monitoring plan designed by Atlantic Engineers specifies that water levels will be taken prior to each sampling event, and the overall layout of wells evaluated after three rounds of sampling. It is suggested that the water table gradient be defined as soon as possible to assess the exising network and to determine the need for an additional well. 2) If an additional well is recommended; the well'should`be constructed as a multilevel well, with at least three screened intervals; the first should be a five foot screen placed at the water table and the folowing two placed as five foot screens at five foot intervals. 3) Water quality analysis''shouid be expanded to include ammonia' nitrogen as well as nitrate nitrogen for a more complete understanding of the wastewater impacts. If I can be of further assistance please do not hesitate to contact me. Sincerely, �Y1Il� Ga ielle Belfit Hydrologist cc: Mr. James F. Davey, Esq. JAMES F. DAVEY ATTORNEY AT LAW 207 FRONT STREET, P.O. BOX 319 SCITUATE, MASSACHUSETTS 02066 (617) 545-9770 September 22, 1993 BY FACSIMILE (508) 775-33344 Mr. Thomas A. McKean Town of Barnstable Health Department 367 Main Street Hyannis, Massachusetts 02601 RE: Omni Health Club and/or Jonathan P Davey Dear Mr. McKean: Please be advised that I represent the above-named, Jonathan P. Davey, individually and as proprietor of Omni Health Club, whose addresses and telephone numbers are as follows: Omni Health Club 70 Cape Drive, Unit 11 D Mashpee, Massachusetts 02649 (508) 790-1931 and Jonathan P. Davev 119 Kent Street Scituate, Massachusetts 02066 (617) 545-6456 This is to advise you that all future correspondence, document, etc. and/or telephone calls regarding either Omni Health Club and/or Jonathan P. Davev, should be directed to me at the address and telephone number listed above. Thank you for your anticipated cooperation in this matter. Very truly yours, I , mes.F. Da ey cc: Mr. Jonathan P. Davey � TOWN OF BARNSTABLE o� BARNSTABLE � OFFICE OF TOWN ATTORNEY MASS.039. 367 MAIN STREET peg' ArEOMA+" HYANNIS, MASSACHUSETTS 02601-3907 ROBERT D. SMITH, Town Attorney TEL.(508)790.6280 RUTH J. WEIL, Assistant Town Attorney NIGHT LINE-AFTER 4:30 P.M. CLAIRE R. GRIFFEN, Legal Assistant (508)790-6283 EILEEN S. MOLLICA, Legal Clerk September 23, 1993 FAX N(508)775.3344 Mrs. Phyllis A. Day, Clerk of Courts Barnstable Superior Court, Civil Division County Court Complex, Main Street P.O. Box 425 Barnstable, Ma. 02630 Re: C.A. No. 93-710 Aceto; Radice; et al v. Snow, et al, Bd of Health Our File Ref. No. : 93-0216 Dear Mrs. Day: Enclosed please find the Defendants, Joseph C. Snow, Susan G. Rask, and Brian R. Grady, etc. , Board of Health's Answer to the Plaintiffs' complaint, together with Certificate of Service in the above matter which we would appreciate your filing. Thank you. Sincerely, RJW:cg uth J. a 1, Encs. ssistan own Attorney cc: Robert A. Bianchi, Esq. cc: Voan P. Davey, Esq. (Jonathan P. Davey) cc: ord of Health [Bt\93-0216\DAYLTR-1] COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, so: SUPERIOR COURT C.A. No. 93-710 DENNIS J. ACETO, LOUIS M. RADICE, ) ANSWER TO PLAINTIFFS' General Partner of Hyannis Court ) COMPLAINT ON BEHALF OF Associates, Ltd. , and ) JOSEPH C. SNOW, et al, CAPE COD RACQUET AND HEALTH, INC. , ) as Members of the Plaintiffs, ) DEFENDANTS, BARNSTABLE BOARD OF HEALTH. -vs- ) JOSEPH C. SNOW, SUSAN G. RASK, and ) BRIAN R. GRADY, as they are ) Members of the BARNSTABLE BOARD OF ) HEALTH, and JONATHAN P. DAVEY, ) Defendants. ) Defendants, Joseph C. Snow, Susan G. Rask, and Brian R. Grady, as they are Members of the BARNSTABLE BOARD OF HEALTH, for their answer to Plaintiffs' Complaint, state as follows: (1) Neither admit nor deny the allegations set forth in paragraph "1" of Plaintiffs' Complaint by reason that said Defendants, Barnstable Board of Health, have insufficient belief as to the truth or falsity of said information to form a bel Y allegations. (2) Neither admit nor deny the allegations set forth in paragraph 112" of Plaintiffs' Complaint by reason that said Defendants, Barnstable Board of Health, have insufficient information to form a belief as to the truth or falsity of said allegations. (3) ADMIT the allegations contained in paragraph 113" of Plaintiffs' Complaint. (4) Neither admit nor deny the allegations set forth in paragraph "4" of Plaintiffs' Complaint by reason that said Defendants, Barnstable Board of Health, have insufficient [Es\93-0216\ANSWn0H] 1 r information to form a belief as to the truth or falsity of said allegations. (5) As to those allegations set forth in paragraph 115" of Plaintiffs' Complaint, Defendants state that said allegations are legal conclusions of law and, therefore, no answer is required. Background: (6) ADMIT the allegations contained in paragraph "6" of Plaintiffs' Complaint. (7) Neither admit nor deny the allegations set forth in paragraph 117" of Plaintiffs' Complaint but state that said Defendants, Barnstable Board of Health's Interim Regulations, a copy of which is attached hereto as "Exhibit till speaks for itself, and in further answering, DENY all allegations not hereinbefore specifically admitted. (8) DENY the allegations contained in paragraph 118" of Plaintiffs' Complaint. (9) Neither admit nor deny the allegations set forth in paragraph 119" of Plaintiffs' Complaint, but state that 310 C.M.R. referred to therein speaks for itself, and DENY all remaining allegations not hereinbefore specifically admitted herein. ( 10) Neither admit nor deny the allegations set forth in paragraph "10" of Plaintiffs' Complaint, but state that the letter dated August 10, 1993, a copy attached as Exhibit "2" herein, speaks for itself, and in further answering, said Defendants, Barnstable Board of Health, DENY all remaining allegations not hereinbefore specifically admitted herein. (Ea\93-0216\ANSHRWHj 2 ( 11) DENY the allegations contained in paragraph "11" of Plaintiffs' Complaint. ( 12) Neither admit nor deny the allegations set forth in paragraph 1112" of Plaintiffs' Complaint by reason that said Defendants, Barnstable Board of Health, have insufficient information to form a belief as to the truth or falsity of said allegations. AS TO COUNT I: ( 13) Defendants repeat and answer those allegations of paragraph 1113" of COUNT I of Plaintiffs' Complaint in the same manner as though fully set forth herein. ( 14) DENY the allegations contained in paragraph 1114" of COUNT I of Plaintiffs' Complaint. ( 15) DENY the allegations contained in paragraph 1115" of COUNT I of Plaintiffs' Complaint. AS TO COUNT II: ( 16) Defendants repeat and answer those allegations of paragraph 1116" of COUNT II of Plaintiffs' Complaint in the same manner as though fully set forth herein. (17) DENY the allegations contained in paragraph 1117" of COUNT II of Plaintiffs' Complaint. (18) DENY the allegations contained in paragraph 1118" of COUNT II of Plaintiffs' Complaint. AS TO COUNT III: ( 19) Defendants repeat and answer those allegations of paragraph "19" of COUNT III of Plaintiffs' Complaint in the same manner as though fully set forth herein. (E:\93-0216\ANSWRH0H] 3 (20) DENY the allegations contained in paragraph "20" of COUNT III of Plaintiffs' Complaint. (21) DENY the allegations contained in paragraph 1121" of COUNT III of Plaintiffs' Complaint. (22) DENY the allegations contained in paragraph 1122" of COUNT III of Plaintiffs Complaint. FIRST AFFIRMATIVE DEFENSE: Plaintiffs have failed to state a claim upon which relief may be granted and, therefore, Plaintiffs' Complaint should be dismissed as against the. Defendants, the Barnstable Board of Health. SECOND AFFIRMATIVE DEFENSE: Plaintiffs have failed to file their complaint within the period required under the statute of limitations and, therefore, Plaintiffs' Complaint should be dismissed. THIRD AFFIRMATIVE DEFENSE: Plaintiffs herein are not persons aggrieved and, therefore, this complaint should be dismissed as against the Defendant, the Town of Barnstable. FOURTH AFFIRMATIVE DEFENSE: The Defendant, Board of Health's regulations are not designed to protect Plaintiffs against competition from other health clubs and, therefore, Plaintiffs' complaint should be dismissed as against the Defendant, the Town of Barnstable. (9s\93-0216\ANSWn0Kj 4 FIFTH AFFIRMATIVE DEFENSE: Plaintiffs lack standing to bring this Complaint and, therefore, this Complaint should be dismissed as against the Defendant Town of Barnstable. WHEREFORE, Defendants respectfully pray for judgment against the Plaintiff as follows: ( 1) That a decree be entered dismissing Plaintiffs, Complaint; (2) That a decree be entered affirming the Decision of the Barnstable Board of Health in all respects; (3) That judgment be entered affirming the Decision of the Barnstable Board of Health in all respects; (4) That Defendants Barnstable Board of Health be granted costs disbursements and attorneys' fees in defense of this action; (5) That Plaintiffs' request for injunctive relief be denied; and, (6) That Defendants, Barnstable Board of Health, be granted such other and further relief as to this Court it deems just and appropriate. JURY DEMAND DEFENDANTS, BARNSTABLE BOARD OF HEALTH, DEMAND A TRIAL BY JURY OF ALL ISSUES SO TRIABLE. Dated: September 23, 1993. JOSEPH C. SNOW, et al, as they are Members of the BARNSTABLE BOARD OF HEALTH, Defendants, By their Attorneys, R, BERT D. S IT , Town Attorney [,B.B.O. No. 46 980] RUTH J. WEI ssistant Town Attorney [B.B.O. No. 9285] TOWN OF BARNSTABLE 367 Main Street, New Town Hall Hyannis, Ma. 02601 (508) 790-6280 [Es\93-0216\ANSWRB0B] 5 I TO: ROBERT A. BIANCHI, ESQ. [B.B.O. No. 042360] JENNIFER S. D. ROBERTS, ESQ. [B.B.O. No. 541715] BIANCHI & PAQUIN Attorneys for Plaintiffs 55 Sea Street Extension P.O. Box 128 Hyannis, Ma. 02601 (508) 775-0785 TO: JOHN P. DAVEY, ESQ. Attorney for Defendant, Jonathan P. Davey DAVEY & DAVEY 865 Providence Highway Dedham, Ma. 02026 (617 ) 329-7760; and, JONATHAN P. DAVEY, Defendant OMNI Fitness 45 Plant Road Hyannis, Ma. 02601 CERTIFICATE OF SERVICE BARNSTABLE, ss: September 23, 1993. I, CLAIRE GRIFFEN, Legal Assistant for the Town of Barnstable, hereby certify under the pains and penalties of perjury, that I caused to be mailed by first-class mailing, postage prepaid, a copy of the above document to Plaintiffs' attorneys and to the Co-Defendant, Jonathan P. Davey, at his address(es) on the above date. C aire ' ffe gal Assistant Town of B ns able 367 Main St t, New Town Hall Hyannis, Ma. 02601-3907 (508) 790-6280 (9s\93-0216\ANSWU0H) 6 PART VIII : ONSITE SEWAGE DISPOSAL REGULATIONS SECTION 8.00 INTERIM REGULATION FOR THE PROTECTION OF THE GROUNDWATER 64 QUALITY WITHIN ZONES OF CONTRIBUTION TO PUBLIC SUPPLY WELLS yftNc o`` ADOPTED 2/19/85, BECAME EFFECTIVE 2/21/85, REVISED 4/17/85 1 OFFICE OF i DAHNua BOARD OF HEALTH mop r6 9• 367 MAIN STREET HYANNIS, MASS. 02601 LEGAL NOTICE INTERIM REGULATION FOR THE PROTECTION OF THE GROUNDWATER QUALITY WITHIN ZONES OF CONTRIBUTION TO PUBLIC SUPPLY WELLS The Board of Health, Town of .Barnstable, Massachusetts, in accordance with and under the authoritt granted by Section 31, of Chapter 111, of the General Laws of the Commonwealth of Massachusetts, hereby adopted the following rules and regulations after a public hearing at a meeting of the Board held on February 19, 1985. Revised at a Board of Health meeting April 17, 1985: PURPOSE , The initial findings of a townwide hydrogeologic investigation indicate that a substantial portion of the Town's water supply may be In jeopardy from the long term build-up of nitrate-nitrogen, primarily from the subsurface discharge of sewage effluent. It has been proven that nitrate contaminatlon i In drinking water can be a serious public health problem. Based on these findings, three of the nine zones of contribution to public supply wells are considered to be "at risk" zones requiring immediate i measures to mitigate the adverse impact to the groundwater from such discharges. These regulations are temporary and will be in effect only until the Town adopts a ground water and water resource protection program. RESTRICTIONS No permit for the construction of an individual sewage disposal system shall be granted within the jzones of contribution to public supply wells Identified as zones 1,2, and 3 on a map entitled, "Town of Barnstable, Public Supply Wells Zones of Contribution, dated February 19, 1985, and prepared by SEA Consultants, Inc., Boston, Ma., which map is on file with the Board of Health, unless the following standards are met: A. The maximum allowable discharge of sanitary sewage based on the sewage flow estimates listed In Regulation 15.02 (13) of 310 CMR 15.00, Title 5, of the State Environmental Code, shall not exceed 330 gallons per acre per day; however, a permit may be issued if the applicant demonstrates that the total concentration of nitrate-nitrogen in the groundwater resulting from the proposed use will not exceed 5 mg./I. This determination shall consider the total predicted concentration of nitrate-nitrogen at the down gradient property line of the lot upon which the proposed use is to be located. B. Nothing in this regulation shall prohibit the approval by the Board of Health of any application involving the maintenance, repair or alteration of an existing individual sewage disposal system, providing that said application does not involve a change of use as defined by existing Board of Health regulations. Where a change of use is Invdlved, the applicant must demonstrate compliance with this regulation. Variance to this regulation may be granted by the Board of Health only if the applicant can demonstrate that: 1. Connection to Town sewer is not available; and 2. That enforcement thereof would do manifest injustice; however, the applicant must prove that the installation of on-site sewage disposal systems will not have a significant adverse effect on surface or sub-surface public or private water resources. f INTERIM REGULATION (continued) Page 2 65 In granting variances, the Board shall take Into consideration the direction of the ground water flow, population density, soil conditions, depth to ground water, size, shape and slope of the lot, existing and known future water supplies and other information deemed pertinent. This lation is to take fect on the date of publication of this notice. Ro ert L. Chilids, nh rman Ann Jane Eshbaugh '22� Grover C.M. Parrish, M. D. BOARD OF HEALTH TOWN OF BARNSTABLE APPROM AS M . .. Taws CMMSM /1 �� ti( F31 T 2- TOWN OF BARNSTABLE OFFICE OF 1 �,►ai�T.au i BOARD OF HEALTH nua f639. 367 MAIN STREET OMAf k' HYANNIS,MASS.02601 August 10, 1993 Jonathan P. Davey 211 Belgrade Avenue Suite 135 Roslindale, MA 02131 Dear Mr. Davey: You are granted permission to utilize space at 45 Plant Road, health club and a physical therapy Hyannis for the purpose of a P Y P clinic, in lieu of the Agreement for Judgment dated January 5. 1988, with the following conditions: ( 1) No more than 600 gallons of wastewater shall be discharged per day from the subject space. The amount of wastewater shall be determined; by water meter readings. (2) A separate water meter shall be installed for the subject space in order to determine the water usage each day from the subject space alone. (3) Each month, the applicant shall provide the Board of Health with water meter readings in both cubic feet and gallons for the subject space, for the calendar month immediately preceding the month in which said report is due. Said readings shall be provided to the Board of Health by the fifteenth day of the succeeding month. (For example, the applicant shall provide the Board of Health water meter readings in both cubic feet and gallons for water use during September 1993, no later than October 15, 1993. ) (4) The applicant shall agree that the Health Department Director of Public Health or his due designate, may appear at this subject space, without prior notice, to observe the water meter for the purpose of determining that the water meter readings match-up with future submitted readings. (5) The applicant shall determine the water usage (in gallons) on a daily basis also. If the applicant determines that the water usage has reached or exceeded 18,000 gallons (or 18,600 gallons during a 31-day month) prior to the end of the calendar month, the applicant shall notify the Town of Barnstable Director of Public Health and take all necessary steps to curtail the number of participants in the health club and/or physical therapy clinic including, but not limited to, cancelling classes or limiting the number of daily entrants. (6) In the event that the Board of Health determines that the water use in the preceding month has exceeded 18,000 gallons, (or 18,600 gallons during a 31-day period) shall immediately take the following steps: (a) limit the number of daily entrants into the subject space, (b) cancel classes at the health Club, (c) provide the Wealth Department Director with daily readings of the water meter; and (d) limit the hours the facility is to remain open. (7) In the event that the Board of Health determines that the water use in the preceding month has exceeded 18,000 gallons, ( 18,600 during a 31-day month period) and after the applicant had followed through with those steps as outlined in paragraph "6" above, the Board of Health may require the applicant to attend a hearing to consider further steps to limit the wastewater discharge. (8) In the event that the Board of Health determines that the monthly water usage has exceeded 18,000 gallons (or 18,600 gallon during a 31-day month) during two consecutive months or in any three calendar months within any six-month period, the Board of Health may require the applicant to attend a hearing to consider further steps to limit wastewater discharge including, but not limited to, closing the health club and physical therapy facility and limiting the number of hours that the facility is opened on a daily basis. (9) No building shall be constructed upon the adjacent vacant lot (known as lots 11 and 12 Plant Road, Hyannis, Massachusetts) until after such time Town sewer is available. The construction of a parking lot shall not be considered a building within the meaning of this paragraph. ( 10) The applicant shall submit a nitrate-nitrogen monitoring plan subject to the approval of the Board of Health which will require quarterly testing unless the nitrate-nitrogen levels exceed five (5) milligrams per liter, in which case more frequent testing may be required. As part of said plan, the Board of Health may require additional monitoring wells in accordance with an evaluation to be performed by a mutually agreeable environmental I consultant to be hired at the applicant's expense. Said plan is due on or before September 15, 1993. ( 11) In the event that the nitrate/nitrogen levels exceed ten ( 10) milligrams per liter, the Board of Health shall require the applicant to attend a hearing to consider steps to reduce the nitrate/nitrogen levels, including, but not limited to, closing the health club/physical therapy facility limiting the hours the facility is opened, and requiring the applicant to devote additional square footage at the subject premises to unoccupied space. ( 12) The septic system shall be pumped on an annual basis and the applicant shall submit written certification of said pumping to the Board of Health. ( 13) Failure to comply with the conditions contained in this permission letter shall result in the revocation of the occupancy permit for that portion of the premises occupied by the applicant. Sincerely yours, Jseph C. Snow, M.D. ard of Health Town of Barnstable JCS/bcs �(. For office use only al I H E To TOWN OF BARNSTABLE �y Received by !j e t"• ', OFFICE OF IIA"SrL BOARD OF HEALTH Date Yxs� � � o° t679 367 MAIN STREET . HYANNIS, MASS.02601 VARIANCE REQUEST FORM All variance requests must be submitted fifteen (15) days prior to the scheduled Board of Health Meeting. NAME OF APPLICANT ,nilTEL, ADDRESS OF APPLICANT NAME OF OWNER OF PROPERTY �M __T, r? Q to 'T) u s4 Adnnma yv( SUBDIVISION NAME t ed I �JZ� tP DATE APPROVED ASSESSORS MAP & PARCEL NUMBER LOT SIZE LOCATION OF REQUEST ,�; RId f I?b ac VARIANCE FROM REGULATION (List Regulation) REASON FOR VARIANCE (May attach letter if more space is needed) � 14 PLAN - FOUR COPIES OF PLAN MUST BE SUBMITTED CLEARLY OUTLINING VARIANCE REQUEST. VARIANCE APPROVED NOT APPROVED REASON FOR DISAPROVAL Joseph C. Snow, M.D. , Chairman Susan G. Rask Brian R. Grady BOARD OF HEALTH TOWN OF BARNSTABLE REQUEST FOR VARIANCE OF INTERIM REGULATION 330 SUBJECT: 45 PLANT ROAD, HYANNIS, MASSACHUSETTS REQUEST FOR VARIANCE Property has a septic design of 3100 g.p.d. In 1986 the variance in use was granted based on the assumption/goal/hope that the total amount of H2O used would not exceed 2415 g.p.d. or a 22% decrease of capacity. The property was originally approved for the use of a roller skating rink as well as a restaurant which in frequent fashion exceeded the 2415 g.p.d. variance in use goal. The current H2O usage of the total property is now 792 g.p.d. or only 25% of current capacity. This amount includes Jet Stream Inc. which has a tight tank and does not tax the septic design. Current meter readings indicate that Jet Stream uses approx 150 g.p.d. of water. With this amount deducted and 45 g.p.d. added based on the toilet use of the three employees at Jet Stream. Inc., the septic system in actual readings is approx 687 g.p.d. with 22% of capacity , 28% of the variance approval goal, or 72% less than the variance approval goal. If the proposed health club were allotted the same amount of H2O usage as Willy's Gym and that amount of H2O were actually used, total septic usage would be 1976 g.p.d. or 63% of capacity and only 81% of the 2415 g.p.d. figure which was the goal of the original variance. However the proposed facitily would be much more limited in capacity than the original Willy's Gym being only 55% as large as Willy's Gym . If an allotment of 695 g.p.d. H2O usage were granted, this would constitute total septic usage of only 1382 g.p.d. This figure would constitute 44% of septic capacity and would be 43% less septic usage than the original variance goal. Bearing in mind that town sewerage will be installed in 6-12 months. NITRATE READINGS 1987 readings of .4 milligrams per liter, this includes Capeskate's usage of over 2500 g.p.d. 1993 readings show a nitrate level of .04 pis per .6 f per liter and 5.8 peas per liter. Average nitrate readings of 2.3 p per liter, which are well below the 5 p6V per liter 330 Interim Regulation. However the reading of 5.8 p@A§ per liter was from a well which has apparently been uncapped since the previous reading in 1987. This reading can thus not be considered accurate as it is susceptible to airport runoff, acid rain, etc. If the 5.8 pea per liter is not used, average nitrate levels are only .32 s per liter. The well has since been capped and another reading will be done and a more accurate reading is expected. After 3 nitrate readings it is expected that historical nitrate readings will establish nitrate levels of approximately,3.4 per liter, well below the 5 per liter mandate of the 330 Interim Mandate Regulation. INTERIM REGULATION FOR THE PROTECTION OF THE GROUND WATER QUALITY WITHIN ZONES OF CONTRIBUTION TO PUBLIC SUPPLY WELL RULE 330 SUB PARAGRAPH b. Nothing in this regulation shall prohibit the approval by the Board of Health of any application involving the maintenance, repair or alteration of an existing individual sewarage disposal system, providing that said aplicant does not involve a change of use as defined by existing Board of Health regulations. Where a change of use is involved the applicant must demonstrate compliance with this regulation. i Variance to this regulation may be granted by the Board of Health only if the applicant can demonstrate that: Article 1 . connection to town sewer is not availabe; and Article 2. that envorcement thereof would do manifest injustice; However, the applicant must prove that the installation of the onsite sewage disposal system will not have a significant adverse effect on surface or subsurface public or private resources. Thus, it should be abundantly clear, given the goal of the 2415 g.p.d.Cye€O of the orignial variance, the actual H20�Gsage, historicaW nitrate readings and the applicant's willingness to agree to a limit of 695 g.p.d., that the applicant will not have a significant adverse effect on surface or subsurface public or private H2O resources. A denial of application would be considered to be a manifest injustice. In reference to this application, the applicant cites H2O usages of other facilities submitted as evidence in the case Feeley vs Board of Health, Barnstable; these being Willy's Gym, Orleans and the Falmouth Sports Center. Based upon the size of the proposed facility in comparison to the two cited as well as the current H2O readings from All Sports Center in Hanover, the applicant feels comfortable being limited to a total H2O usage of 695 g.p.d. Each unit of the 45 Plant Road building has separate H2O meters which can be easily monitored as well as the continued nitrate readings until such time as the town sewer is installed. (See attached report by Joseph Forms, October 5, 1985 as cited in evidence of the case Feeley vs Board of Health). Should for any reason the readings be above the agreed upon and accepted ' levels of the H2O and nitrates, the applicant would take steps similar to those cited in the Feeley vs Board of Health case to reduce these levels; i.e. limitation of aerobic classes, automatic time limitation on showers, banning of all detergents, shortening of hours, limitation on daily member usage, etc. CONCESSION BY LANDLORD/PROPERTY OWNER In addition to the considerable concessions proposed by the applicant, the landlord/property owner will also agree not to build upon or develop the adjacent lot and keep it as a parking lot. CONCLUSION The applicant as well as the property owner feel that given the original goal of the 1987 variance of 2415 g pd p5the total H2O usage agreed to, historA*Cnitrate lovels, agreed to monitoring c4m"'power conceded to the Board of Health concerning the H20/ nitrate levels as well as the intent cited in the Interim Regulation 330, which protects the town as well as the applicantathat a favorable decision be granted. Jonathon P Davey, August 5, 1993 ' a 6179238817 ---------- • ' LAFIDMAF,K 02 -------- ►:�g dumber: _ Bottle # IZ4501 7(19(93 o�te• BAR z a NSTABLE COUNTY HEALTH AND ENVIRONMENTAL DEPARTMENT SU1PeA10F1 COURT HOUSE v BARNSTABLE, MASSACHUSETTS 02630 ^ss DRINKING WATER LABORATORY ANALYSIS PHONE:362.2511 Client: Mr. William Dili ion -Ext. 837 Mailing Address: --M ea rus Collector: Edward Genest `~T ___. Affiliation: er 11 3 Belmont St. Time & Date of , " er own, Collection: 7/13/93 9:00 a.m. Telephone: _ 6 — Type of Supply; e Sample Location: - Well Depth; an pt h: - -- Date of Analysis; R E ER LE RESULT R L Total Coliform Bacteria/100 ml -- 0 Pq Conductivity (micromtRi c ) ^~ 50 -e0.0 Iron m Nitrat Nitrogen pm)(p 0.04 0.3 Sodium (pDm) Copper (PPm) 20.0 -- 1.3 I, XXXX Water sample meets the recommended limits for drinking of all above tested parameters. II . Based only on results of the parameters tested for this sample, the water is suitable for drinking but may present the problems checked below; A. Water sample has higher than average levels of Nitrate. Future monitoring is 'recommended (2-3 times per year) to establish any upward trends. B. The low pH of the water may shorten the useful life of the house's plumbing. C. —Water may present aesthetic problems (taste, odor, staining) due to D. Water sample has high levels of sodium. Persons on low sodium diets should consult _ their doctor. I• Due to one or more of the reasons checked below, this water sample exceeds the recommended maximum contamination level for drinking water: A* High Bacteria B. High Nitrates REMARKS: CC: BOH CC: J Bottle # 124502 Date: 7/19/93 Log Number:_ _ ^ �._._ oAflo BARNSTABLE COUNTY HEALTH AND ENVIRONMENTAL DEPARTMENT SUPERIOR COURT HOUSE BARN$TAB4E, MA88ACHUSETTB 02830 2511 DRINKING WATER LABORATORY ANALYSIS PHONE: 337 Client: Mr. Wm. Dillion Collector: Edward Genest Mailing Address: Mip-Ilealty Trust Affiliation: er 10 bifm6dt St, Time & Date of 7/13/93 9:15 a.m. a er own, - Collection: Telephone: - - 6 Type of Supply: Well the De Sample Location: W- Well p an Date of Analysis: Fl�annis j M -0 6 S L L LARAMER R Total coliform Bacteria/100 ml _ 0 H Conductivity (micromhos/cm) ____ 500.0 Iron m 0.3 Nitrate-Nitro en m 5.8 Sodium rn — 20.0 Copper (ppm) 1.3 -- I , Water sample meets the recommended limits for drinking of all above tested parameters XXXX Based only on results lts of the parameters tested for this sample, the water is II . suitable for drinking but may present the problems checked below: A XXXX Water sample has higher than average levels of Nitrate, Future monitoring is recommended (2-3 times per year) to establish any upward trends. B. The low pH of the water may shorten the useful life of the house's plumbing. C. Water may present aesthetic problems (taste, odor, staining) due to D. Water sample has high levels of sodium. Persons on low sodium diets should "consult their doctor. III. Due to one or more of the reasons checked below, this water sample exceeds the recommended maximum contamination level for drinking water: A. High Bacteria B. High Nitrates REM RK : 60H .—. _..: - - 08/04/93 0 : 10 a 6179238817 LtgNvPINnK -'" r4 ' 1245b3 7/19/93 Bottle # _ Date:_ Log Number. � —�. o� eA4M sa BARNSTABLE COUNTY HEALTH AND ENVIRONMENTAL DEPARTMENT SUPERIOR COURT HOUSE o - BARNSTABLE, MASSACHUSETTS 02530 V 4 DRINKING WATER LABORATORY ANALYSIS PHONE-36 •511 Client: MJP Realty Trust Collector: Edward Genest Mailing Address: —lam mom. F ion n Affiliation: _TUther e mont St. Time & Date of 7/13/93 9:30 a.m. a er own Collection: Telephone: 611-923-4461 _ Type of Supply: well Sample Location: Well Depth: 23' 'teaPlant St. Date of Analysis : Hyannis, PARAMETER SAMF[rVESULT _ RECOMMUED UIMFT79 Total Coliform Bacteria/100 ml 0 pH Conductivity micromhos/cm 500.0 Iron m 0.3 Nitrate-Nitro en (ppm) 0.6 . _ 10.0 20.0 Sodium (ppm) Copper (ppm) _ —T • 1.3 I , XXXX Water sample meets the recommended limits for drinking of all above tested paramete, II . Based only on results of the parameters tested for this sample, the water is suitable for drinking but may present the problems checked below: A. _Water sample has higher than average levels of Nitrate. Future monitoring is recommended (2-3 times per year) to establish any upward trends. j B. The low pH of the water may shorten the useful life of the house's plumbing. C. Water may present aesthetic problems (taste, odor, staining) due to D. Water sample has high levels of sodium. Persons on low sodium diets should consult their doctor. III. Due to one or more of the reasons checked below, this water sample exceeds the recommended maximum contamination level for drinking water: A. High Bacteria B. ..— High REM 9RK CC: BOH Explanation of Test Re%Lllts Total Coliform Bacteria Post-it"brand fax transmittalMN To _Coliform bacteria are an indicator of tice. `M contaminated from malfunctioning septic : zero indicates that your water supply is safe and ; Dept. r than zero is most often the result of accidental cc ■z thods. For this reason, it would be advisable to re pl•I pH is the measure of acidity oralkalinityof the water. On the pH scale. the number 7 is neutral. lass than 7 is acidic and more than 7 is alkal►ne. The pt Hof water on Cape Cad lends to be acidic in the range c I ,i. 1 (it h..S. ('onduclNity Conductivity is a measure of the dissolved salts in solution. Amounts in excess of 500 micromho%li n, arc gencrall% considered unacceptable and may have a laxative effect upon users. Iron The presence of iron in water in concentration of .3 ppm or greater ma'•: givc the water a bittersweet astringent taste, cause an unpleasant odor. often gives the water a brownish color and cause staining of laundry and porcelain. The average concentration of iron in Cape Cod's water is .2 • .6 ppm. Although the presence of it%," in w-atcr cause the problems listed above, it is not considered deleterious to health. Iron may he removed by use of it" irr,n removal system, Nitrate-nitrogen nie. Massachusetts Drinking Water Regulations have set a maximum contaminant level for nitrates at 10 ppnz. Excessive concentrations may cause methemoglobinemia (an infant disease) and have been suggested to fora, potentially carcinogenic nitrosamines. Contamination sources include fertilizers, cesspools and industrial wastes. Copper Due to the acidic nature of the water on Cape Cod, copper tends to leach from pipes. This normally does not present a health hazard; however, concentrations in excess of 1.0 ppm may cause a metallic taste and/or a bluish-green stain on porcelain fixtures. Sodium A concentration of Sodium over 20 ppm is only of concern to people who are on a low sodium diet. if the water .apply has more than 20 pprtt sodium, it is up to the people who are on such a diet to find another source of drinking .eater or contact their doctor to determine if consuming the water is advisable. Concentrations exceeding 50 ppm indicate that there may be ocean water or road salt runoff water getting into the well. I . `.LANDMARK REALEsTATE 160 BELIvIONT STREET, WATERTOWN, MASSACHUSETTS 02172 COMMERCIAL&INDUSTRIAL BROKERAGE TEL: (617) 923-4461 July 16, 1993 FAX: (617) 923-8817 Barnstable Board of Health P.O. Box 534 Hyannis, MA 02601 RE: Jonathan P. Davey, Applicant, August 5, 1993 Hearing Water use history at the AIRPORT BUSINESS CENTER 45 Plant Road, Hyannis, MA Dear Board Members, Attached are two summaries for water usage over the past fourteen months provided by the Barnstable Water Company. They measure in units of 100 cubic feet. For instance, in unit #120, the year t date water consumption is listed as 167 . Y o cubic feet of water. To convert to gallons multiiply by 7.48 = 124,916 0 gallons 16,700 in the first six months. The second building showed consumption of 00 used cubic feet X 7.48 = 20,196 gallons for six months. The water usage for the entire building is the sum of the two or 145,112 gallons. The citV of the existin se tics stem is in excess of 3 000 allons er day 545 000 allons for the six month eriod above. This means that the se tic or system is o eratin at onl 26% of its ca aci I spoke with Tom McKeon and he told me that one of his rim ary conthe 330 regulation which focuses on the amount of nitrate ni genscre easis ed into the groundwater. The most recent records available indicate that the site does not have excessive nitrate nitro en and that it is well within the limits considered safe. The total land area for the above site is 2.026 acres. Somehow someone overlooked the existence of a second 'Lot of land which is .46 acres. The MJPB Realty Trust will agree in writing not to develop this site unless the sewer i installed, etc. You should also.be aware that Davey's proposed health club w almost 50% smaller than the former Willy's Gym. 111 be We are trying to be good, responsible neighbors. We would like to reach an agreement with the Town that works for both sides. We hope you will review the new evidence that we have presented. We think the facts indicate that the proposed use does not constitute a potential health threat to the environment or the citizens of Barnstable. Sincerely, William P. Dillon t: CUSTVIER CONSUMPTICN HISTOR'y ACCOJNT NUMBER 294 904 CUSTOMER NAME m J, p SERVICE LOCATION 4S PLONT ROAD READIN".. r,,.F,Pt D I N G S USAGE FERIOD ( CCF) ( CCF) BAI-ANCE. OIRST 07 01 91 25K A 3 SECC-NU) 05 28 93 E537 A AVERAGE W!ATEP USE 5 THIRD 04 29 9B 2ED4 A 4 L YEAR rc OATF: WATER USE 27 FOURTH 03 TO 93 2500 A 4 � 01 F IFTH 02 04 93 2496 A (4 T PERIOD ' A ' USE SIXTH 01 29 93 2492 A PERIOC W USE SEVENTH 12 09 92 2487 A EIGHTH It 3D 92 0482 A 5 YTO USAGE CREDIT 00 MINTH 10 30 92 2477 A s TENTH 09 30 92 2472 A 6 ELEVENTH 08 29 92 2466 A 14 TWELPTH 07 31 92 2062 A 5 THIRTEENTH 07 01 92 2457 A FOURTEENTH 01 29 92 2452 A ENTER = FIRST SCHEEN PFREY 14 = PRINT SCREEN trl rm Tur L,.J CUSTO'iEP CiCC(DUNT 11l L-11:7 R CLIS'TOMUi NA.1E M 17 p B REALTY I RUST SER1,1110E LOCATION Ll.=- PLANT ROAD U-JIT IC--10 F I A I 111A G IDATES! READINGS USAGE p C.U', C rRIDD\."f` i kCCF 0 C.,1 9-3 1 16'; A CE 0 1. 14C A (I TH 1131) 04 c."? 9 A AVERPiGE WATER USE '-`EAR. TO Dq'TE WATER, USE FOURTH 03 30 l:D-3 1 C)C-78 I'-'-F H kf PE.R- IC IC' A UD3E USE ;:"ERI('.- SED'-l' --ITH T7 t-0 31) A 'S4 YTD "CREDIT 00 NINTH 1)Q 13 TENIF-I 121 A FIEVETITH 7 L D 92 -31 7, 7�6 A TW�7 L I-TH -1-1-II PTEE:-:.N TH F(-jljP'rEEt-,ITH ENTER = FIRST SCREEN FIFIN'EY 14 = PRINT 5,'-'R E E N J? LT1 Im In n -.0 -- - --- 08iO4i93 09:08 ------------------- -------- a 6179238917 --------------- K LRMDMRR ►•erg Dlumber: _ Bottle # 124501 02 7(19(93 ti s„ BARNSTABLE COUNTY HEALTH AND ENVIRONMENTAL DEPARTMENT 0 ai;�.e--.• SUP"10R COURT HOUSP BARNSTABLE, MASSACHUSETTS 02630 SASS DRINKING WATFR LABORATORY ANALYSIS PHONE:9ex•2et1 Cl ient: Mr. William Dili ion -Exc. 837 Mailing Address: ea rus Collector: Edward Genest 60 a mont St. Affiliation: er Time b Date of Teleph e er own, Collection: 7/13/93 9:00 a.m. one: 6 --- Sample Location: - Type of Supply: e Well Depth: - _ an Date of Analysis: P R ME E LE RESULT R It LL, _ L Total Coliform 8acteria/100 ml Pq Conductivity (micromhos/cm) Iron m 500.0 0.3 Nitrate-Nitrogen (ppm} 0.04 Sodium (ppm 10.0) - Copper (ppm) 20.0 1,a I^ XXXX Water sample meets the recommended limits for drinking of all abo ve tested parameters. II . Based only on results of the parameters tested for this sample, the water is suitable for drinking but may present the problems checked below: A. Water sample has higher than average levels of Nitrate. Future monitoring is 'recommended (2-3 times per year) to establish any upward trends. B. The low pH of the water may shorten the useful life of the house's plumbi►Ig. C. -Water may present aesthetic problems (taste, odor, staining) due to D. Water sample has high levels of sodium. Persons on low sodium diets should consult their doctor. I• Due to one or more of the reasons checked below, this water sample exceeds the recommended maximum contamination level for drinking water: A. High Bacteria B. _ High Nitrates REMARKS: f 124502 Date: 7/19/93 Log Number: _ Bottle -- -- 15 ^44"s� BARNSTABLE COUNTY HEALTH AND ENVIRONMENTAL DEPARTMENT l� SUPERIOR COURT HOUSE 7 BARNSTABLE, MASSACHUSETTS 02630 • DRINKING WATER LABORATORY ANALYSIS PHONE_Exxt. 337t- 3. lyA g9 Mr. Wm. Dillion Collector: Edward Genest Client: Mailing Address: eat rust Affiliation: IbU e mon St. Time & Date of 7/13/93 9:15 a.m. a er own, Collection: Telephone: - - 6 Type of Supply: -Well Sample Location: Well Depth: --� an St. Date of Analysis: ��an—nls1 M ._O 6 _ PAR IETER SARpLT RESVLT, WOMMENDED LIMITS Total Coliform Bacteria/100 ml - 0 H Conductivity (micromhos/cm) 500.0 Iron m 0.3 5.8 10.0 Nitrate-Nitro en m 20.0 Sodium m -- 1.3 Copper (ppm) -- I , Water sample meets the recommended limits for drinking of all above tested parameters II . XXXX Based only on results of the parameters tested for this sample, the water is suitable for drinking but may present the problems checked below: A. XX P XX Water sample has higher than average levels of Nitrate. Future monitoring is recommended (2-3 times per year) to establish any upward trends. B. The low pH of the water may shorten the useful life of the house's plumbing. C. Water may present aesthetic problems (taste, odor, staining) due to p, Water sample has high levels of sodium. Persons on low sodium diets should ,consult their doctor. III. Due to one or more of the reasons checked ec efobelow, this hi swaterr sample exceeds the recommended maximum contaminatio—High Nitrates A. High Bacteria B.. REM RK : BOH 08/04/93 09: 10 a 6179238817 L;,NVrIHRn nq l og Number: 80tt1e #_124503 Date:_ 7/19/93 s� BARNSTABLE COUNTY HEALTH AND ENVIRONMENTAL DEPARTMENT SUPERIOR COURT HOUSE BARNSTABLE, MASSACHUSETTS 02530 V !llbbb M/+sy • DRINKING WATER LABORATORY ANALYSIS PHONE,362.2511 Exf. 331 MJP Realty Trust Collector: Edward Genest Client: Mailing Address: r. m. ff"TT n— Affiliation: Other e mont St. Time & Date of 7/13/93 9:30 a.m. a er own, MA. UZI Collection: Telephone: - - T Type of Supply: Well Sample Location Well Depth: 23' 45 Plant Date of Analysis : yannis, MA. 02501 PARAMETER ESUL _ RECOMMMED L T Total Coliform Bacteria/100 ml 0 pH Conductivity micromhos/cm 500.0 Iron m 0.3 Nitrate-Nitro en m 0.6 10.0 Sodium m _ 20.0 Copper (ppm) 1.3 I , XXXX Water sample meets the recommended limits for drinking of all above tested parameter II . Based only on results of the parameters tested for this sample, the water is suitable for drinking but may present the problems checked below: A. Water sample has higher than average levels of Nitrate. Future monitoring is recommended (2-3 times per year) to establish any upward trends. B. The low pH of the water may shorten the useful life of the house's plumbing. C. Water may present aesthetic problems (taste, odor, staining) due to D. Water sample has high levels of sodium. Persons on low sodium diets should consult their doctor. III. Due to one or more of the reasons checked below, this water sample exceeds the recommended maximum contamination level for drinking water: A. High Bacteria B...—High Nitrates RE RK C C: -SOH Explanation of Test Results Total Coliform Bacteria Post-It"'brand fax transmittal memo 7671 M of peget ► 1. 7b _ From Coliform bacteria are an Indicator of tl co, co. crone contaminated from malfunctioning septic ! f zero indicates that your water supply is safe and: Dept' phone M r than zero is most often the result of accidental cc Fax M tends. For this reason, it would be advisable to re pit is the treasure of acidity oralkaliniiyof the water. On the pH scale, t.hc number 7 is neutral. less than 7 is acidic Cape Cud lends to be acidic in the range rf 5.l) t1+ ! {. and more than 7 is alkaline. The pH of water on a r t' Conductivity Conductivity is a measure of the dissolved salts in solution. Amounts in excess of 500 niicromho-,/c.m are gencrall., considered unacceptable and may have a laxative effect upon users. Iron The presence of iron in water in concentration of .J ppm or greater mad•: give the water a bitterswect astringenl taste, cause an unpleasant odor. often gives the water a brownish color and cause: staining of laundry and porcelain. The average concentration of iron in Cape Cod's water is .2 - .6 ppm. Althnugh the presence of iron in a-ater mad.. cause the problems listed above, it is not considered deleterious to health. Iron may he removed by use of an irr,n removal system. Nitrate-nitrogen 'fhc Massachusetts Drinking Water Regulations have set a maximum contaminant level for nitrates at 10 ppm. Excessive concentrations may cause methemoglobinemia (an infant disease) and have been suggested to form potentially carcinogenic nitrosamines. Contamination sources include fertilizers, cesspools and industrial wastes. C upl>cr r Due to the acidic nature of the water on Cape Cod, copper tends to leach from pipes. This normally does not present a health hazard; however, concentrations in excess of 1.0 ppm may cause a metallic taste and/or a bluish-green stain on porcelain fixtures. Sodium A concentration of sridium over 20 ppm is only of concern to people who are on a low sodium diet. if the water supply has more than 20 ppm g; sodium. it is up to the people who are on such a diet to find another source of drinking water or contact their doctor to determine if consuming the water is advisable. Concentrations exceeding 50 ppm indicate that there may be ocean water or road salt runoff water getting into the well. 1_. COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE BOARD. OF HEALTH DECISION RE ; WILLY ' S GYM October 23 , 1987 `r MARIANN D . HEBER, CSR/RPR P . O . Box 1675 Cotuit, Massachusetts 02635 MARIANN D . HEBER CSR/RPR ( 617 ) 420-1655 2 1 INDEX 2 3 Pa9e 4 5 Appearances 3 6 Motion by Mrs . Esbau9h 4 7 Vote 8 8 Reporter Certificate 9 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARIANN D . HEBER CSR/RPR (617 ) 420-1655 3 1 A P P E A R A N C E S 2 3 TOWN OF BARNSTABLE BOARD OF HEALTH 4 Dr . Grover Farrish, Chairman Ms . Jane Eshbough 5 Mr . James Crocker Mr . Tom McKeon 6 Mr . John Kelly 7 8 ATTORNEYS FOR PETITIONER : 9 Michael D . Ford, Esquire Mycock, Kilroy, Green & McLaughlin 10 171 Main Street Hyannis , MA 02601 11 12 13 - 14 15 16 17 The within hearing was taken before me, Mariann 18 D . Heber, a Certified Shorthand Reporter and Notary 19 Public in and for the Commonwealth of Massachusetts , in 20 the Town Hall of Barnstable, 367 Main Street, Hyannis , 21 Massachusetts , between the hours of 8 : 05 a . m . and 8 : 15 22 a . m . on October 23, 1987 . 23 24 25 MARIANN ' D . HEBER CSR/RPR ( 617 ) 420-1655 4 1 1 DECISION HEARING 4V 2 3. DR . FARRISH : This meeting is called 4 to order to evaluate a modification of a 5 variance that was issued on the 8th of 6 January, 1986 to Mr . Neal Feeley for 7 Willy ' s Gym currently under construction at 8 45 Kent Road, Hyannis . 9 Do I hear a motion? 10 MS . ESHBAUGH : Yes , I ' d like to make 11 a motion . I ' d like to make a motion to 12 deny the request for a variance modifying 13 the original variance which would permit 14 Willy ' s Gym to do business at 45 Kent Road , 15 Hyannis . 16 DR . FARRISH : Do I hear a second? 17 MR . CROCKER : I ' ll second it . 18 DR . FARRISH : Any discussion? 19 MS . ESHBAUGH : I ' d like to explain my 20 reasons . Mr . Feeley, who is the owner of 21 the building, is in violation of Items 3 , 4 22 and 6 in the variance granted in the letter 23 of January 8th, 1986 , from the Board of 24 Health . 25 No . 3 said there should be no gyms or MARIANN D . HEBER CSR/RPR ( 617 ) 420-1655 5 1 fitness centers . No . 4 said there should T 2 be no change in use without approval of the 3 Board of Health . 4 No . 6 in our letter limited the 5 building to a hundred employees in the 6 entire building . Under the new request, 7 there will be 500 customers , daily . 8 No . 3 specifically limited customer 9 use, .for in.stance, like no doctor ' s offices 10 or dentist ' s office, beauty parlors , et 11 cetera . 12 Also the D . E . Q . E . and S . E . A . 13 consultants agree with the Board of Health 14 that Title 5 must be used in determining 15 water usage spelled out in 310 CMR 16 15 . 02 (13 ) of Title 5 . 17 Water meter readings should only be . 18 used when a business is not listed . 19 According to Title 5, 25 gallons per 20 person per day must be calculated to 21 achieve the correct amount of flow . 22 Willy ' s Gym expects 500 people a day to use 23 their facility . This amounts to 12., 500 24 gallons per day . 25 Even without showers and minimal MARIANN D . HEBER CSR/RPR (.617 ) 420-1655 6 1 toilet facilities , the gym would be way 2 over the Interim 330 Regulation , 3 The variance granted in January, 1986 4 allowed a total of 586 gallons per day for 5 the building . 6 Also, Mr . Ford ' s testimony regarding 7 water meter readings at the gym in Orleans , 8 which was a 51 gallons per day -- . that was D 9 only for three weeks ' readings -- are 10 inconceivable to me . 11 The gym is open 14 to 15 hours a day 12 with approximately 300 clients a day . 13 There are showers that could be used, and I 14 think they figure a shower for five minutes 15 would use 75 gallons . 16 If a quarter of the clients used the 17 toilets , that .would amount to 300 gallons 18 per day at 4 gallons per flush for 75 19 people . This is in Orleans . 20 Using the same figures , the Hyannis 21 operation with 500 clients a day would use 22 500 gallons per day for toilets alone . 23 Mr . Ford ' s meter readings in Orleans 24 suggest that there are only 12 flushes in a 25 15-hour day and no showers used, although MARIANN D . HEBER CSR/RPR ( 617 ) 420-1655 7 1 there are five showers installed . 2 I feel this variance request is way 3 beyond the scope of the original variance 4 and, in my opinion, should be denied . 5 I ' d also like to mention that the 6 irrigation system using the well 20 feet 7 from the sewerage system is totally out of 8 line . 9 Nitrate readings at 6 . 8 on August 10 25th, 1987 tests done by the Barnstable 11 County Health Department, a visit by two 12 Board members to the site revealed the odor {, 13 of effluent was present and runoff was seen 14 on the pavement, draining into a storm 15 drain . 16 I would suggest an alternative method 17 of . watering the grass be used, such as 18 using town water. 19 DR . FARRISH ; Mr . Crocker, do you 20 have anything to add? 21 MR . CROCKER : I think Mrs . Eshbaugh 22 said everything I was going to say . I 23 really couldn ' t vote for it . 24 I know; you know, 500 people 'a day 25 are going to flush that toilet, I ` d say; a MARIANN D . HEBER CSR/RPR ( 617 ) 420-1655 8 1 hundred times . I Just couldn ' t go for it . 2 DR . FARRISH : Any more discussion? 3 All in favor of the motion? 4 MS . ESHBAUGH : Aye . 5 MR . CROCKER : Aye . 6 DR . FARRISH : Aye . 7 MR . FORD : Thank you, Mr . Chairman . 8 ( Portion of hearing re : 9 Wi11Ye s Gym concluded . ) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARIANN D . HEBER CSR/RPR ( 617 ) 420-1655 9 V. 1 COMMONWEALTH OF MASSACHUSETTS 2 COUNTY OF BARNSTABLE 3 4 I , Mariann D . Heber, Certified Shorthand ,Reporter 5 and .Notary Public in and for the Commonwealth of 6 Massachusetts do hereby Y certif that the above and 7 foregoing pages of typewriting constitute .a true and 8 correct transcription of the hearing taken by me in 9 machine shorthand . 10 I further certify that I am neither attorney nor 11 counsel for, nor related to, nor employed by any of the 12 parties to the action in which this testimony was taken . 13 Further, I am not a relative or employee of any attorney 14 of record in this cause, nor do I have a financial 15 interest .in this action . 16 Given under my hand and seal of office on this 17 the 3� �`�-day of 1987 . 18 19 20 21 Mariann D . Heber, 22 Certified Shorthand Reporter 23 My Commission Expires : October 1, 1993 .� 24 25 MARIANN D , HEBER CSR/RPR ( 617 ) 420-1655 LAWYER'S NOTES PAGE LINE Y hl J J 9 a 0 J U II O 4 m� W a a a a m w �m 0 °3 m TOWN OF BARNSTABLE bar�♦� OFFICE OF BAMSTAK : BOARD OF HEALTH .� NAB& A 639'"� 367 MAIN STREET HYANNIS, MASS.02601 August 2, 1993 TO: Brian R. Grady, Chairman Susan G. Rask Joseph C. Snow, M.D. FROM: Thomas A. McKean Director of Public Health RE: Staff Comments Regarding Upcoming Board Meeting The regularly scheduled Health Department staff meeting was held on August 2, 1993 at 10:00 A.M. The following Health Department Staff were present: Health Inspectors Donna Miorandi, Edward Barr and Jerry Dunning, Coastal Health Resource Coordinator Dr. Y Y g Dale Saad, Office Assistant Barbara Sullivan, Clerk Lynda Sargent, and Health Director Thomas McKean. The following are the recommendations, suggestions, and comments of the Health Department staff regarding the following issues: I. Variance Request, Old Business: Gail Darnell - Cape Cod Seaport Festival, Proposed food items to be served. The Health Department staff agrees that many of the proposed food may be prepared and served at the VIllage Green. . The following food items should be allowed to be prepared and served: Fried Scallops- Fried Clam Strips Fried Shrimp Boiled Live Lobster Beer, Wine, Soda Peanuts, Potato Chips Grilled Scallops Grilled Swordfish Grilled Schrimp . Grilled Chicken Rice Vegatables Cold Lobster Corn on the Cob Peel & Eat Shrimp French Fries Other foods may be prepared inside a licensed food service establishment, divided into individual portions and placed into containers. However, food shall - not be heated from cold temperatures in steam tables. II. Old Business: A. Leo Coveney - Proposed addition of fluoride to the public water supplies. A majority (5 out of 7) of the Health Department Staff voted in favor of fluoridation of the public water supply wells. Concerns were raised about the cost to provide fluoride in the public water systems. B. Carl and Myrna Franzblau, 75 Old Farm Road, Centerville, variance requested from Section 1. 14 of the Onsite Disposal Construction Regulation within 250 ' of a wetland (Wequaquet Lake) . The Health Department staff has not received the requested revised plans. C. James R. Davey, representing his client Jonathan P. Davey, requests permission to lease space for the purpose of a Health Club and physical therapy clinic at 45 Plant Road, Hyannis. The Health Department staff recommends that the applicant should adhere to the Agreement For Judgement reserving the space to office and retail use only until such time that town sewer is available. D. Matthew Dupuy, representing Heritage Research, A proposed onsite sewage disposal system for a new dwelling at 17 Long Beach Road, Centerville - Variances requested from 310 CMR 15 .02 ( 17) , 25 ' feet from the top of a coastal bank; installation of an innovative system. The Health Department staff suggests the variances should not be granted due to the number of variances requested. Also, a precedent would be set for future development on similar marginal lots if these variances are granted. a E. Peter Sullivan, P.E. - Lot 38 Smoke Valley Road, Osterville, 4 .22 acre lot, leaching facility proposed to be located . . . . within 100 feet of extreme high water and 75 feet from the top of a coastal bank; installation of a peat system. The Health Department staff recommends the variance should be granted with the installation of a sphagnum peat system. III. Variance Requests, New Business: A. Robert Tivey, Old Yarmouth Road, Hyannis - Proposed onsite sewage disposal system within 3000 feet of municipal sewer line. Also, the applicant requests a variance from the Town of Barnstable "330 Regulation" . The Health Department staff suggests the applicant should submit water meter readings. The applicant should be questioned about the proposed "wash area", also, the staff is concerned about washing and degreasing vehicles. . B. H. Paul Sieger - Caffe' a Dolci, 430 Main Street, Hyannis. The applicant would like to add items to his menu. The Health Department does not recommend the approval of this request. There is no underground grease trap provided. C. Alfred Slifka, 159 Main -Street, Osterville,- Requests an extension of time to remove his underground fuel tank. The Health Department staff suggests granting the applicant an extension of time until December 1, 1993. D. Herbert Carver, 28 Calves Pasture Lane, Barnstable - Requests an extension of time to remove his underground fuel tank until the end of 1993. The Health Department staff suggests granting the applicant an extension of time until December 1, 1993. IV. Application for Disposal Works Construction Permit: A. Ray Aeittaniemi, 280 High Street, West Barnstable - Overflowing cesspool, emergency repair. The ;Health Department staff suggests the variance should be granted. There is no other space on the lot area to place the septic system. B Eric Broman - Construction of an onsite sewage disposal system at 13 Valley Road, Craigville. The construction of the proposed onsite sewage disposal system at this property will be located closer to the pond than the cluster system. The applicant had agreed to connect to the proposed cluster system in 1985. There will continue to be a rpoblem with nutrient loading (phosphorus, nitrate) from the proposed new septic system. V. Preliminary Subdivision: Preliminary Subdivision - Robert and Debbie Donaldson, Old Country Way off Parker Road, West Barnstable. The Health Department staff reviewed the plan and suggested approval of the plan. VI. Pool Modifications Frank McDonough, Presidential Motor Lodge, 1471 Route 132, Hyannis. James Redanz, Cascade Motor Lodge, 201 Main Street, Hyannis. Richard Arenstrup, Trustee, Park Square Trust, 156 Main Street, Hyannis. Francis Monaghan, Craigville Motel, Shoot Flying Hill Road, Centerville. Ernest R. Torella, Trustee, Pinebrook Condominiums, Town House Terrace, Hyannis. The Health staff recommends approval for all the above listed pool modifications requests. (TO PLAINTIFF'S ATTORNEY: PLEASE CIRCLE TYPE OF ACTION INVOLVED: CONTRACT TORT MOTOR VEHICLE TORT EQUITABLE RELIEF OTHER) x-3 Tommanwralt4 of Malil3zarizixlirttn BAR\STABLE, ss. A TRUE COPY ATTEST SUPERIOR COURT No 93-710 ., DEPUTY SHERIFF DENNIS J. ACETO, LOUIS M. RADICE, . General Partner of Hyannis- Court Associates, Ltd. , and CAPE COD =' RACQUET AND HEALTH, INC. , Plaintiffs, - vs. 1: ". JOSEPH C. SNOW, SUSAN G. RASK, and BRIAN R. GRADY, as They are - Members of the Barnstable Board of Health, and JONATHAN P. DAVEY, Defendants. SUIMNIOA IS To the above-named defendant SUSAN G. RASK • You are hereby summoned and required to serve upon Rober.t..A.....Bia.nchi.................... of Bianchi & Paquin...... _. plaintiff's attorney, whose address is .... .. ................ ....... ... ...5.5....Sea...S.t...,....Ext-1...P...O......B.ox...123.., .H.yannis.,...MA...02.60.1.........., an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against }-ou for the relief demanded in. the complaint. You are also required to file your answer to the complaint in the office of the Clerk of this court at Barnstable either before service upon plaintiff's attorney or within a reasonable time thereafter. Unless otherwise provided by Rule 13(a), your ans",cr must state as a counterclaim any claim %.•hich you may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiffs Maim or you will thereafter be barrec from makinz such claim in any other action. V,'itness, ROBERT L S T EADMAN Esquire, at Barnstal;le, the ...... ninth ...n ............ ....... ................. day of .. September ........., in the year of our Lord one thousand nine hundred and .. ninety—three ;1 Clerk \OTE: When more than one defendant is involved, the names of all defendants shall appear in the caption. if a separate summons is issu^d for each defendant, each should be addressed to the particular defendant. NOTICE TO DEFENDANT You need not appear personally Lz court to answer the complaint but if you claim to have a defense, either - ou or your attorney must serve a crnly of your written answer within cr; s COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT . _ BARNSTABLE, SS. CI VIL ACTION:.` NO. 93-710 - - T DENNIS J. ACETO, LOUIS M. RADICE, General Partner of * a Hyannis Court Associates Ltd. , and CAPE COD RACQUET * ` AND HEALTH-, INC. , Plaintiff, * VS . * COMPLAINT AND PETITION * FOR WRIT OF CERTIORARI JOSEPH C. SNOW, SUSAN G. RASK, * and BRIAN R. GRADY, as They are Members of the Barnstable * Q Board of Health, and JONATHAN * ° 7j P. DAVEY, y Defendants . * 2- * * * * * * * * * * * * * * * * O The Parties 1 . Plaintiff Dennis J. Acetois an individual who resides at 28 Hayes Road, Centerville, Massachusetts and is the president of Cape Cod Racquet and Health, Inc. , a health club with its principal place of business at 55 Attucks Way, Hyannis, Massachusetts . 2 . Plaintiff Louis M. Radice is the general partner of Hyannis Court Association, Ltd.., which is the owner of the t: property located at 55 Attucks Way, Hyannis, Massachusetts . 3 . Defendants Joseph C. Snow, Susan G. Rask and Brian R. Grady are the duly-appointed. members of the Board of Health of _ y i the Town of Barnstable ( "the Board" ) . 4..-: Defendant Jonathan P. Davey is an, individual with a place of business in Roslindale, Massachusetts S . This action is an appeal by the plaintiffs from the t decision of the Board granting a variance to Mr. Davey from the requirements of the Board' s Interim Regulation with respect to property located at 45 Plant Road, Hyannis; Massachusetts ( "the- Premises" ) . Backaround 6 . The Premises are located in a zone of contribution to public supply wells that has been determined to be "at risk" from the long term build-up of nitrate-nitrogen. 7 . The Board' s Interim Regulation, adopted in 1985, sets the maximum allowable discharge of sanitary sewage in the zone in which the Premises are located at no more than 330 gallons per acre per day. 8 . On or about July 20, 1993 , Mr. Davey applied to the Board for a variance from , the Interim Regulation to allow the_ discharge of as much as 695 gallons per person per day at the Premises, which Mr. Davey proposed to use for a health club and physical therapy clinic . r 9 . Under 310 CMR sec. 15 . 02, such a proposed use is estimated to discharge 25 gallons per person per day. 10 . By letter dated August 10 , 1993 , the Board granted Mr. '^ Davey a variance from the Interim Regulation, allowing the discharge of as much as 600 gallons of wastewater per day, y::r y subject to certain conditions . A true and accurate copy of that letter . is attached hereto as Exhibit A 11. In determining to grant the variance, the Board did not find that manifest injustice would result if the variance were not granted, nor could it have made such a finding on the facts presented to it. 12 . The plaintiffs, and their patrons, use the. water from the zone protected by the Interim Regulation for drinking and sanitary purposes . Count I 13 . Plaintiffs repeat and reallege each and every allegation set forth above as though fully set forth herein. 14 . The Board' s decision was arbitrary, capricious, in excess of its authority, an abuse of its discretion and contrary to law. 15 . Plaintiffs are aggrieved by the decision of the Board. Count II 16 . Plaintiffs repeat and reallege each and every allegation set forth above as though fully set forth herein. 17 . In granting the variance, the Board committed errors of law that, if allowed to stand, will result in manifest injustice d to plaintiffs . 18 . Plaintiffs have no available remedy other than by way of writ of certiorari . r Count III 19; Plaintiffs repeat and- reallege each and every .= s allegation set forth above as though fully set forth herein. 20 . Plaintiffs are likely to succeed on the merits of their claim to annul the decision of the Board. - P 21. Plaintiffs will suffer irreparable harm if. the Board' s` decision is allowed to stand and a permit is issued based on that _ decision. 22. Defendants will not suffer irreparable harm if the permit is not issued. WHEREFORE, plaintiffs request that this Court issue (1) a preliminary injunction enjoining the defendant Barnstable Board of Health from issuing any permits to the defendant Jonathan P. i Davey until further order of this Court, and (2) a final judgment annulling the decision of the Barnstable Board of Health granting a variance to Jonathan P. Davey from the requirements of the Interim Regulation. - /If g Roh7elt A. BiWhchi, Esq. BBO P042360 (RAB) Jennifer S. D. Roberts BBO #541715 (JSDR) _ BIANCHI and PAQUIN 55 Sea Street Extension P.O. Box 128 - = & Hyannis, Massachusetts 02601 Telephone: (508) 775-0785 M- o Dated: TOWN OF BARNSTABLE ypi TH E Taw OFFICE OF I ISMSTAn 1 BOARD OF HEALTH vo 1639`. �P 367 MAIN STREET HYANNIS, MASS.02601 August 10, 1993q��a„ o� S 1bt n Pt�: Ca d 0�► Jonathan P. Davey per, L b R=0 211 Belgrade Avenue Suite 135 Fax 0 r]°/ ] -- Fax 0 (508)775-3344 Roslindale, MA 02131 Dear Mr. Davey: You are granted permission to utilize space at 45 Plant Road, Hyannis for the purpose of a health club and a physical therapy clinic, in lieu of the Agreement for Judgment dated January 5, 1988, with the following conditions: ( 1) No more than 600 gallons of wastewater shall be discharged per day from the subject space. The amount of wastewater shall be determined by water meter readings. (2) A separate water, meter shall be installed for the subject space in order to determine the water usage each day from the subject space alone. (3) Each month, the applicant shall provide the Board of Health with water meter readings in both cubic feet and gallons for the subject space, for the calendar month immediately preceding the month in which said report is due. Said readings shall be provided to the Board of Health by the fifteenth day of the succeeding month. (For example, the applicant shall provide the Board of Health water meter readings in both cubic feet and gallons for water use during September 1993, no later than October 15, 1993. ) (4 ) The applicant shall agree that the Health Department Director of Public Health or his due designate, may appear at this subject space, without prior notice, to observe the water meter for the purpose of determining that the water meter readings match-up with future submitted readings. (5) The applicant shall determine the water usage (in gallons) on a daily basis also. If the applicant determines that the water usage has reached or exceeded 18,000 gallons (or 18, 600 gallons during a 31-day month) prior to the end of the calendar month, the applicant shall notify the Town i of Barnstable Director of Public Health and take all necessary steps to curtail the number of participants in- the health club and/or physical therapy clinic including, but not limited to, cancelling classes or limiting the number of daily entrants. (6) In the event that the Board of Health determines that the water use in the preceding month has exceeded 18,000 gallons, (or 18,600 gallons during a 31-day period) shall immediately take the following steps: (a) limit the number of daily entrants into the subject space, (b) cancel classes at the health Club, (c) provide the Wealth Department Director with daily readings of the water meter; and (d) limit the hours the facility is to remain open. (7) In the event that the Board of Health determines that the water use in the preceding month has exceeded 18,000 gallons, ( 18,600 during a 31-day month period) and after the applicant had followed through with those steps as outlined in paragraph 116" above, the Board of Health may require the applicant to attend a hearing to consider further steps to limit the wastewater discharge. (8) In the event that the Board of Health determines that the monthly water usage has exceeded 18,000 gallons (or 18,600 gallon. during a 31-day month) during two consecutive months or in any three calendar months within any six-month period, the Board of Health may require the applicant to attend a hearing to consider further steps to limit wastewater discharge including, but not limited to, closing the health club and physical therapy facility and limiting the number of hours that the facility is opened on a daily basis. (9) No building shall be constructed upon the adjacent vacant lot (known as lots 11 and 12 Plant Road, Hyannis, Massachusetts) until after such time Town sewer is available. The construction of a parking lot shall not be considered a building within the meaning of this paragraph. ( 10) The applicant shall submit a nitrate-nitrogen monitoring plan subject to the approval of the Board of Health which will require quarterly testing unless the nitrate-nitrogen levels exceed five (5) milligrams per liter, in which case more frequent testing may be required. As part of said plan, the Board of Health may require additional monitoring wells in accordance with an evaluation to be performed by a mutually agreeable environmental r consultant to be hired at the applicant's expense. Said plan is due on or before September 15, 1993. ( 11) In the event that the nitrate/nitrogen levels exceed ten ( 10) milligrams per liter, the Board of Health shall require the applicant to attend a hearing to consider steps to reduce the nitrate/nitrogen levels, including, but not limited to, closing the health club/physical therapy facility limiting the hours the facility is opened, and requiring the applicant to devote additional square footage at the subject premises to unoccupied space. ( 12 ) The septic system shall be pumped on an annual basis and the applicant shall submit written certification of said pumping to the Board of Health. ( 13) Failure to comply with the conditions contained in this permission letter shall result in the revocation of the occupancy permit for that portion of the premises occupied by the applicant. Sincerely yours, Joa eph C. Snow, M.D. rd of Health Town of Barnstable JCS/bcs pfTxE>O` The Town of Barnstable t� Health Department •�• 367 Main Street, Hyannis, MA 02601 1639. �D■AV► Office 508-790-6265 Thomas A. McKean FAX 508-175-3344 Director of Public.Health August 2, 1993 TO: Brian R. Grady, Chairman Susan G. Ras k Joseph C. Snow, M.D. FROM: Thomas A. McKean Director of Public Health RE: Staff Comments Regarding Upcoming Board Meeting The regularly scheduled Health Department staff meeting was Department on August 2, 1993 at 10:00 A.M. The following Health pae Staff were present: Health Inspectors Donna Miorandi, Edward Barry and Jerry Dunning, Coastal Health Resource Coordinator Dr. Dale Saad, Office Assistant Barbara Sullivan, Clerk Lynda '? Sargent, and Health Director Thomas McKean. The following are �• the recommendations, suggestions, and comments of the Health �d Department staff regarding the following issues: I. Variance Request, Old Business: 0� !' Gail Darnell - Cape Cod Seaport Festival, Proposed food items to 0 be served. The Health Department staff agrees that many of the proposed food Cmay be prepared and served at the VIllage Green. . and The following food items should be allowed to be prepared served: Fried Scallops Fried Clam Strips Fried Shrimp Boiled Live Lobster Beer, Wine, Soda Peanuts, Potato Chips Grilled Scallops I Grilled Swordfish Grill ed 'Schrimp ..... drilled Chicken Rice Vegatables Cold Lobster Corn on the Cob Peel & Eat Shrimp French Fries Other foods may be prepared inside a licensed food service establishment, divided into individual portions and placed into containers. However, food shall not be heated from cold temperatures in steam tables. II. Old Business: A. Leo Coveney - Proposed addition of fluoride to the public water supplies. A majority (5 out of 7) of the Health Department Staff voted in favor of fluoridation of the public water supply wells. Concerns were raised about the cost to provide fluoride in the public water systems. B. Carl and Myrna Franzblau, 75 Old Farm Road, Centerville, variance requested from Section 1. 14 of the Onsite Disposal Construction Regulation within 250, of a wetland (Wequaquet Lake) . The Health Department staff has not received the requested revi -Ia*s- C. James R. Davey, representing his client Jonathan P. Davey, requests permission to lease space for the purpose of a Health Club and physical therapy clinic at 45 Plant Road, yannis. The Health Department staff recommends that the applicant should adhere to the Agreement For Judgement reserving the space to office and retail use only until such time that town sewer is available. D. Matthew Dupuy, representing Heritage es e c ; proposed onsite sewage disposal system for a new dwelling at 17 Long Beach Road, Centerville - Variances requested from 310 CMR 15.02 ( 17) , 25 ' feet from the top of a coastal bank; installation of an innovative system. The Health Department staff suggests the variances should not be granted due to the number of variances requested. Also, a precedent would be set for future development on similar marginal lots if these variances are granted. Anna Fitness Center of- Cape 0 45 Plant .tad Hyannis M.A. :zr 790-1931 REM&O RE GOT 14 1g3 WO im� /6 11 � a 00 l 4*5 3,0 eaa&i owes w q � lw a4ia ww6ved " o� todaf a l l:00 � lie l "40aled fe kwAe4rf aed (tad, mwee a a&ok4a aid tle waft oieft, V* ""�w t# e fwtee a4t de " at ae &# ed eon q nz, &an WeC f a de ffwft w4w"?, a wig a deexwe de 4e&4e swam doeeed 4 001 e96,®, `7� fee e z qaWma Aee" eo-Owt once, FAMCO PLUMBING AND HEATING 23 Picasso Place Osterville , MA. 02655 Oct . 13 , 1993 To Whom It May Concern, On Oct . 13 , 1993 , I surveyed the. property known Omni Fitness at 45 Plant Rd . Hyannis , MA. There is a Neptune 1" T-10 Water Meter on the premises . This meters water to'. one Woman ' s room and one Men' s room. Lhch consists of 3 showers , 2 lavatories , and 2 toilets . Gary FAmigliette d/b/a Famco Plumbing Lic . #10191 428-0499 t r y 8. 1993 ,�1�/e� Gti'P��S iv / s� sv r�,�-,. OCT 14 .9 / LAN'�,MARk REAL ESTATE COMMERCIAL&INDUSTRIAL BROKERAGE 160BPj.tMONTSTjREET, WATERTOWN, MASSACHUSE777 02I72711" TEL: (617) 923-4461 FAX: (617) 923-8817 July 16 1993 Barnstable Board of Health P.O. Box 534 Hyannis, MA 02601 RE: Jonathan P. Davey, Applicant, August 5, 1993 Hearing Water use history at the AIRPORT BUSINESS CENTER 45 Plant Road, Hyannis, MA Dear Board Members, Attached are two summaries for water usage over the past fourteen months provided by the Barnstable Water Company. They measure in units of 100 cubic feet. For instance, in unit #120, the year to date water consumption is listed as "167". This equates to 167 X 100 = 16,700 cubic feet of water. To convert to gallons multiply by 7.48 = 124,916 gallons used in the first six months. The second building showed consumption of 2700 cubic feet X 7.48 = 20,196 gallons for six months. The water usage for the entire building is the sum of the two or 145,112 gallons. The capacity of the existing septic system is in excess of 3,000 gallons per day or 545,000 gallons for the six month period above This means that the septic system is operating at only 26% of its capacity. I spoke with Tom McKeon and he told me that one of his primary concerns is the 330 regulation which focuses on the amount of nitrate / nitrogens released into the groundwater. The most recent records available indicate that the site does not have excessive nitrate/nitrogen and that it is well within the limits considered safe. The total land area for the above site is 2.026 acres. Somehow someone has overlooked the existence of a second lot of land which is .46 acres. The MJPB Realty Trust will agree in writing not to develop this site unless the sewer is installed, etc. You should also be aware that Davey's proposed health club will be almost 50% smaller than the former Willy's Gym. We are trying to be good, responsible neighbors. We would like to reach an agreement with the Town that works for both sides. We hope you will review the new evidence that we have presented. We think the facts indicate that the proposed use does not constitute a potential health threat to the environment or the citizens of Barnstable. Sincerely, William P. Dillon ,-C-,f:3L.lMPTI0N HISTCRY ACCOUNT NwEER 294 90) CUSTOME-i WA71E. m j P p PEA-I-'F*-f' -T RIX-.-"-T READING SERVICE LOCATION M PLANT ROAD UNIT 12,.'j DATES READINGS USAGE PERIOD (MMDDYY) MCF) ( CCF - A-2,A.i)ku)f-l0E BALANCE FIRST 07 01 93 116S A 25 SE&OND 05 28 93 114C A 21 40 THIRID 04 29 93 1119 A 21 AVERAGE WATER USE 167 FOURTH 03 30 93 1098 A 3 0 vEAR TO DqTE WATER USE FIFTH 02 24 93 1075 A 28 49 SIXTH 01 29 91 1047 A PERIOD A' USE SEVENTH 2 990 A S9 DERIOU " K USE 12 29 9 64 ti EIGHTH It 30 92 939 A YTD USAGE CREDIT 00 NINTH 10 30 52 075 A 54 TENTH 09 30 92 821 A 59 ELEVE11TH 2'E3 92 762 36 TWELFTH 07 31 12 726 A 43 THIRTEENTH 07 01 92 683 A 51 FOURTEENTH OS 2? 92 632 A ENTER = FIRST SCREEN PFKEY 14 = PRINT SCREEN CLETDIER CONSUMPTION HISTORN OJNT NIU111 BE R 294 904 CUSTOMER MAKE m i p i:.:, iRE-*:AL-f'Y -n-n is"r SERVICE LOZATION 45 PLANT ROAD READING DATES READINGS USAGE PERIOD (NM00YY) ( CCF) ( CCF) PLLOWANCE BALANCE FIRST 07 01 9E 2514 A 7 05 28 93 P507 A 3 SECCT-1 1D AVERA6E WATER USE s THIRD 04 Ey 9_, 2SD4 A 4 yEEAR III OrITE IATER USE 27 FOURTii 03 so 93 2soo A 4 FIFTH 02 24 93 2496 A .4 PERIOD ' A ' USE SIXTH ol 29 93 2492 A PERIOU ' 8 ' USE SEVENTH 12 29 92 2487 A 5 El,--,[-!-T'H 1. 1 30 92 2482 A s l c YTO USAGE CREDIT 00 NINTH 10 30 92 2477 A s cc$ TENTH per 30 92 247c.1 A 6 ELEVENTH 03 28 92 2466 A 4 TWELPTH 07 Rl 92 2462 A 5 Y41RTEENTH 07 01 92 2457 A FOURTEENTH 01 2? 92 2452 A ENTER = FIRST SCREEN PFKEY 14 = PRINT SGREEN rr - M m 3:0 rr . 0 D, Z LAJ Ik COPY TO: Ruth Weil Assistant Town Attorney FROM: Thomas A. McKean Agent of the B.O.H. DATE: September 21, 1993 SUBJECT: Aceto, et al, etc. and Cape. Cod Racquet vs Brian R. Grady, et al, Board of Health, et al File Reference No. 93-0216 Attached please find comments from Brian R. Grady, R.S. received today at this Office regarding the above referenced Summons and Complaint against the Board of Health. 1Y %L"T 91--, V f 49 D d sF a=C �>> - Gv, is s = S7 o 3, Q l l4 000 a, ls)4� 04 CA-a l0- tG 3 //o .� o, �.. �� "•� r ;,, /, s I L ,ram!/ � ►�� I i� --- — � �, . � /r..i •• � , �� �� i I / • low e."ME e / --,I�� i r �� �i �. 1 I • I 2-4 lI Q LA- tee w; o Ao t trot. r� lx� vil- e> coov�tat vim- r� t4 U&�� t4o"-e MA 9: a / s�F �'aw.� .�btbw Altt � o a Y42�d ae� '. • ... • I 4 `. i 9 `! V _ ZD Atlantic DESIGN ENGINEERS, INC. ENGINEERS & ENVIRONMENTAL SCIENTISTS October 8, 1993 Mr. Thomas McKean Barnstable Health Department QC; 367 Main Street 2 1903 °D Hyannis, MA 02601 )1OF Re: Omni Fitness 45 Plant Road, Hyannis . ` Dear Mr. McKean: Please be advised that Atlantic Design Engineers, Inc. was unable to complete the field survey of existing wells for the Omni Fitness nitrate nitrogen monitoring plan due to scheduling issues. We are currently scheduled to conduct the survey work on Wednesday, October 13 , 1993 . The water level information will be forwarded to you on Thursday, October 14, 1993 . We apologize for the delay. If you have any questions or comments regarding this matter, please do not hesitate to contact us. Very truly yours, ATLANTIC DESIGN ENGINEERS, INC. J mes R. Borrebach, P.E. oject Manager cc: Jonathan Davey Faunce Corner Office Park 221 E. Main St. • Suite 205 P.O. Box 1051 86 Faunce Corner Rd. • Suite 410 Milford, MA 01757 Sandwich, MA 02563 N. Dartmouth, MA 02747 (508) 478-2206 • FAX 478-0327 (508) 888-9282 • FAX 888-5859 (508) 997-5422 • FAX 999-4060 4 ***** * OF-620 ******* -JOURNAL- ******** * LATE 09,/21/1993 ***** TIME 16:07 . NO. CON DOC DURATION IDENTIFICAFIOh1 DATE TIME DIAGNOSTIC 20 OK 14 00:07'46 I.?T T Sr2?i"'= 09 21 .15:'59- '=40440AC2800 -Town of Barnstable - -PAIJASOIIIC- +-+ + ++ ++.+ + + + ++ + I + + a{.+ FAX TRAMMAL Co of pis y Ta r.e t Foam Tomas GhG Co- C CGc Ca Omckbb Heefth Dept. PW Caab+nFa o^ Fhmao )790.6265 Fax o Fax o (508)775-3344 I 21 �3 �/ l �C-, l �-jM IY1 G earl, _L ric DESIGN ENGINEERS, INC. ENGINEERS & ENVIRONMENTAL SCIENTISTS , September 21, 1993 Mr. Jonathan P. Davey A Omni Fitness 45 Plant Road Sep 2 Hyannis, MA 02601 x 1993 CIO Re : Nitrate _ Nitrogen Monitoring Plan "{ , � 5 Dear Mr. Davey: Atlantic Design Engineers, Inc . is pleased to submit this proposed Nitrate-Nitrogen monitoring plan for the Omni Fitness facility located at .-45 Plant. Road in Hyannis, Massachusetts . This plan has been prepared per our recent discussions . INTRODUCTION The Omni Fitness health club facility is located at 45 Plant Road in Hyannis, Massachusetts . The facility is currently under construction (interior renovations only) and is scheduled to open for business in October of 1.993 . The Omni. Fitness health club facility received permission from the Barnstable Board of Health to utilize space at 45 Plant Road for a health club and physical therapy clinic in lieu of the Agreement for- Judgement dated: January- 5, 1.988 . The Board-- of Health granted permission on August 10, 1993 subject to several conditions. One of the conditions (#10) was that the applicant prepare a Nitrate-Nitrogen monitoring plan. The Nitrate-Nitrogen monitoring plan is intended to regularly and periodically evaluate the groundwater conditions under the subject site via testing nitrate - nitrogen concentrations in the groundwater. The data obtained will be used. to determine if any groundwater impacts have occurred due to use of the health club and physical therapy clinic. NITRATE - NITROGEN MONITORING PLAN Three (3) groundwater monitoring wells are currently located on the subject property. These wells will be used initially to collect groundwater samples for analysis . Faunce Corner Office Park 224 E. Main St. • Suite 205 P.O. Box 1051 86 Faunce Corner Rd. • Suite 410 Milford, MA 01757 Sandwich, MA 02563 N. Dartmouth, MA 02747 (508) 478-2206 • FAX 478-0327 (508) 888-9282 • FAX 888-5859 (508) 997-5422 • FAX 999-4060 Atlantic Mr. Jonathan P. Davey September 21, 1993 Page Two The groundwater monitoring wells will be sampled on a quarterly basis commencing in October, 1993 . Sampling will typically be conducted during the first week of the months of January, April, July and October. Sampling in October, 1993 will result in two rounds of analyses (July and October, 1993) prior to full occupancy of the health center. The data will provide background nitrate-nitrogen levels prior to occupancy of the health center and allow valid comparisons and analysis of the post occupancy nitrate-nitrogen levels . Immediately prior to well sampling-, groundwater elevations will be determined using an electronic water level meter. The water level data will be used to determine groundwater contours and specific groundwater flow direction. The water level data will be used to evaluate the location of the wells relative to groundwater flow direction and the existing septic system. The intent will be to have at. least one well upgradient of the septic system, one well in close proximity to the septic system and at least one well downgradient of the septic system. Wells located in these positions will provide the best information relative to correlating the specific impacts of the Omni Fitness center, on nitrate-nitrogen concentrations in the groundwater underlying the site . The locations of the existing wells are to be evaluated after the third quarterly- sampling round has been completed. The evaluation is to involve the adequacy of the wells to provide the desired coverage around the septic system relative to groundwater flow direction. The evaluation is to occur only after three sampling rounds in order to assess the potential impacts of normal seasonal variation in the water table on the desirability of the existing well. locations . Additional monitoring wells may be required after completion of this evaluation. The groundwater monitoring wells on the subject property will be sampled per standard EPA protocols . The wells will be purged of a volume a minimum of three times the standing volume in the well in order to assure that a representative groundwater sample is obtained. The groundwater sample from each well will be placed in a separate precleaned sample jar, labelled and logged via a Chain of Custody. The sample jars will be placed in a cooler for delivery to a Massachusetts Certified analytical laboratory. The groundwater samples will be analyzed for Nitrate-Nitrogen content with concentrations to be reported in parts per million. A quarterly monitoring report will be prepared and submitted to the Barnstable Board of Health. The report shall be submitted on AfIdnfic' .° Mr. Jonathan P. Davey September 21, 1993 Page Three the third week following the sampling period.. For example,. reports will be submitted on or about January 28, April 28 July 28 and October 28 . The report shall include original laboratory results and the results of the water level measurements . The report shall also include. an evaluation of the analytical results relative to the 5 ppm and 10 ppm action levels as discussed in the Board of Health. approval letter dated August 10, 1993 and shall be signed by a Massachusetts Registered Professional Engineer-. The nitrate-nitrogen monitoring shall continue at quarterly intervals for a period of not less that one year after occupancy of the. health center.. More frequent monitoring may be warranted if elevated levels of nitrate-nitrogen are. encountered. If the quarterly analyses show no substantial change in background nitrate-nitrogen levels, semiannual monitoring shall occur. If during - semiannual monitoring, the nitrate-nitrogen levels increase. beyond the, 5 ppm or 10 ppm- action levels, quarterly or more frequent monitoring will be required. Further, the. nitrate - nitrogen monitoring shall be discontinued if the health center is tied into the municipal. sewer system. Any modification in the monitoring periods shall only be done with the approval of the: Barnstable Board of Health. SUMMARY This- nitrate. ni.trogen monitoring plan is intended to satisfy the requirements of the Board of Health approval letter dated August 10 , 1993 regarding the proposed Omni Fitness health center at. 45 Plant Road in Hyannis, Massachusetts . If you have any questions or comments regarding this matter, please do not hesitate to contact us . Very truly yours, ATLANTIC DESIGN ENGINEERS, INC. e-5 C.,_�Cs receesR. Borrebach, P.E. , CHMM Pt Manager �FTHE i'o.. TOWN OF BARNSTABLE OFFICE OF : sAaMA@I& .: BOARD OF HEALTH rasa 1639 rAY. 367 MAIN STREET k' HYANNIS, MASS. 02601 March 11, 1988 Mr. Michael D. Ford Attorney at Law 171 Main Street Hyannis, Ma 02601 Dear Mr. Ford: The Board of Health received the nitrate-nitrogen monitoring plan prepared by Kurz Associates Inc., dated January 22, 1988, and letter from you dated February 3, 1988. Enclosed is a copy of a commentary letter from Susan Nickerson, Water Resources Coordinator for the Cape Cod Planning and Economic Development Commission, dated March 7, 1988. The Board would like to incorporate these suggestions into the nitrate-nitrogen monitoring plan. Please contact Thomas McKean, Acting Director of Public Health, at 775-1120, cxt. 182, to discuss this further. Very my yours, I Grover C. M. Farrish, M.D. Chairman BOARD OF HEALTH .TOWN OF BARNSTABLE GF/bs Enclosure cc: Mr. Neil Feeley Mr. Ronald Bukoski, PE. 1 — - COD PLANNING AND ECONOMIC DEVEL ssMcHus TTsMozssoN CAPE 1sT DISTRICT COURT OUS o Q,R617-36-251 t TKLKMarch 7, 19.88 Mr. Thomas McKean, Director Health Department ' Town Hall Hyannis, MA- Dear Dear Mr.McKean: response to the Board of Health's alOn1splant Road. This letter or is in the Neil Feeley project comment concerning omitted plan, the project entails discharging Of acres According to the su gallons per day °f untreated wastewater nprOject proponent 2027 gall understanding rule It is our land. applied for and received a varwhenecertain Use 3chan�ha originally eared before Later, sin aPP from the Board of Hearty,intheBprOP°nent again use(s) of the occurred at the prranted permission for the new lement Board and was granted conditions, one of which was to proponent has rt a project ect P P certain The P alth i o arty, with n rogra7 oar, of He r on P B P monitoring th P en mon ce wi We n ro accordance d. nit g cor oar to ac B a nitra ed such a plan in lan by the now develop approval of the P requirements and is seeking on the plan: offer the following well is in the to ascertain that the monitlumegfrom the leaching l) In order intercept an effluent p must be proper location to nof flow in the vicinity for eastern pits, the direction Of g uifer Management considered. Using the refined water rCapeleCod contour f cross the site consid developed under Barnstable ( the direction of flow ael1 is placed Project) ( copy enclosed) monitoring Proj The existitn, and is therefore not appears to be eaof inating south-southwest of the leaching P d to detect groundwater contaminants orig Optimally site ro ect. the leaching Pits for the p the effluent radiant °f laced so as A monitoring well installed dOlume should be contamination 2) a to intercept a wastewater plume reveal this discharg the likelihood that it achieving at to maximize The best means for hree to five wells if it is in fact occuring•a cluster Of information at distinct objective is to install depths to get cross-sectional varying depte s subsurface po i 3) Regardless of its physical location in relationship to the direction of groundwater flow, the details of the installation of the existing monitoring well are needed to judge its adequacy. For example, information regarding the construction of the well, (casing material, screen material, screen slot size, length of screen, backfilling material, type and placement of grouting in the annular space) , the penetration of the screen into the aquifer and the soil log accompanying the well are necessary to determine the suitability of the existing well for obtaining water quality data. If this information is available, our staff hydrologist is prepared" to assist in its interpretation. 4) On page 2 of the Kurz Associates Monitoring plan, under Sampling Procedure, a question arises as to the yield of the existing monitoring well. A well with adequate slot size and screen length ( .010" and 51 respectively, for example) placed in purely outwash deposits would have no trouble yielding three times its volume for purposes of evacuating the well. If the well does not yield sufficiently, it either needs to be better developed, or it is located in less permeable materials, which would be a significant consideration in predicting the subsurface behavior of the wastewater effluent. 5) Background water quality information both upgradient and downgradient of the leaching facility is needed for purposes of comparison with monitoring results. 6) Since groundwater flow direction in the subject area is likely to shift under various recharge conditions and possibly under public supply well pumping conditions, the path of the plume is ilkewise apt to migrate back and forth over an area. Satisfactory monitoring of groundwater quality in an area of changing groundwater flow direction can be achieved by installing a curtain of wells across the anticipated breadth of shift in groundwater flow direction. In conclusion, the proposed monitoring plan is probably too simplified to provide information of value, since data will only be collected from one discrete point in the aquifer, and that point does not appear to be downgradient of the effluent discharge. Some options for the Board to consider are: a) require fleshing out of monitoring program b) require nitrogen removal from the effluent c) scale back usership of facility until sewer is available Aside from imposing conditions at the site itself, the Board of Health could consider requiring the applicant to acquire land or development rights to land within the zone of contribution that would provide the dilution capacity necessary to balance out loading at the project site. Based on the following calculation, the proponent would need to procure the set-aside of approximately 10 acres of land. , Assumptions: t Flow NO3-N Concentration Warehouse 120 gpd 35 - 40 mg/li Offices 582 gpd 35 - 40 mg/1 Gym . 1325 gpd 30 - 35 mg/l TOTAL 2027 gpd Calculation: (2027 gallons/days( 3,785 liters/aall (35 mg/1) ( 365 days/yr) 454,000 mg/lb 215.9 lb/yr nitrogen for Feeley project Allowable loading within ZOC to maintain 5 ppm nitrate- nitrogen concentration in public supply well- 19.6 lb/yr/43,560 ft2 r Needed area for Feeley project: it acres �. existing area 1.5 acres deficit 9.5 acres . � This calculation uses an average concentration of nitrate-nitrogen in the wastewater of 35 mg/l and assumes no additional nitrogen loading from fertilizer application. I hope you find these comments helpful. Please contact me if the CCPEDC staff can be of further assistance. Sincerely, `vc . 66Z2 4 Susan L. Nickerson Water Resources Coordinator SLN:bc cc: Tom Mullen, Chairman, Barnstable Water Quality Committee ------------------------------------------------------------------ 1. Frimpter, Donohue and Rapacz, 1987. Nitrate Loading in Municipal Wellhead Protection Areas, Draft Report. Cape Cod Aquifer Management Project, DEQE, Boston, Mass. ' � � :Lir(fv1^rxrl'' •' �� �.! 0,� G t�'• "�.i..,.r.4; .�, j VA tl ^.* �;' t,, .-�• � dot: t1,11.1 .. •' 'ti — — 8 /'. 2 r•, r 6 5 `�+i / .•� %' Y71 .�... / low 46 y�( Of e12 015 ®AIR. e27. Al 2 N. R :�. ' .. . 000 .. 28 dOW 4 3 Oj ��..,,.T.1. .�.... .. a � .LF .. •^�..;}, � !. % / 20 .J •�i I ,t-,,. ^F � tt� ��Ii�'i'�.. � N .... •� •• _ ... •i.;.... -00 00, • _ y r its. Ns•ta' Iu'x..1'e�yX f!� ti brJl� :• , �� .�' 1, r•. ' •� 5, Y. • � i •�s••..-•r..,r..r .•+.Z�..M! •�..��./::.:•':V��\ ••� ,�� �� � ..1 �r�.`• sue'_..r....1�,•�1 :�• •`}.•�.'..;. .7�; = �•rl�•y �d'.''.i,•.�.��:1.t. -50 .a•' �.::� `,...•.,mow .. , '•r•. WATER—TABLE ELEVATION MAP �;..'r��s�e�>~.;� �' • „���:: ..:�.��� ,• y!...�:,.::•: EASTERN.BARN STABLE, MASSA CHUSETTS iAll MAY 11-13, 1987 ?�£{yarentsr+r? t ` � .,�•.:ai By Douglas L. Heath and Ethan Mascoop C i ' 1ov�Rwsr. ' ^. U.8.E.P.A., Reglon ' • .,. I CAPE COD AQUIFER MANAGEMENT PROJ12CT ;,�J7 NITRATE - NITROGEN MONITORING PLAN AIRPORT PLACE HYANNIS, MASSACHUSETTS PREPARED FOR: MR. NEIL FEELEY. TRUSTEE PLANT REALTY TRUST 45 PLANT ROAD HYANNIS. MA. 02601 JANUARY 22, 1988 E �I Kurz Associates Inca 4 First Street ; Bridgewater, MA 02324 i y �y Environmental, Civil, Hydrogeological � s and Geotechnical Consultants tin Y 4 First Street �- Kurz Associates Inc. Bridgewater, MA 02324 ` (617)697-3191 as January 22, 1988 Project No. 1504 Mr. Neil Feeley, Trustee Plant Realty Trust 45 Plant Road Hyannis, MA 02601 RE: Nitrate-Nitrogen Monitoring Airport Place Hyannis, Massachusetts Dear Mr. Feeley: f ' Kurz Associates, Inc. (KAI) is pleased to submit the following nitrate-nitrogen monitoring plan in response to the agreement between Plant Realty Trust and the Town of Barnstable Board of Health dated January 5, 1988. Item No. 28 of the agreement requires Plant Realty Trust to submit a nitrate-nitrogen monitoring plan subject to the approval from the Board of Health which will require quarterly sampling of groundwater and testing. More frequent testing may be re nitrate-nitrogen levels exceed five (5) milg li d if the Milligrams per liter. Kurz Associates was requested by Mr. Robert Cox and Mr. Neil Feeley for Plant Realty Trust to provide a review of the existin septic system capacity on Lot 4, Airport Place, Plant Road, g Hyannis, Massachusetts. The evaluation of the septic system included the design capacity pursuant to 310 CMR 15. 00. The State Environmental Code Title 5; Minimum Requirements for Subsurface Disposal of Sanitary Sewage and estimated wastewater flow from the facility. E This review of the existing septic system indicated a design loading of 3, 100 gallons per day was acceptable under Title 5 design requirements. Sewage generated will consist of wastewater from sinks and toilets originating from offices or warehouse space within the building. No unusual or industrial discharges are anticipated which would result in a concentrated nitrate-nitrogen discharge from the septic system. .s Kurz Associates, Inc. January 22, 1988 Page 2 Based upon the utilization of the facility and maximum effluent loading not to exceed Title 5 requirements, quarterly nitrate-nitrogen monitoring can be performed from groundwater samples taken at the existing monitoring well as shown on the attached figure. Sampling Schedule Groundwater samples will be taken from the existing on-site monitoring well, as shown in the attached figure, on a quarterly basis. Sampling will commence within two weeks following approval of this plan. Samples will then be taken every three (3) months until the site is tied-in to the municipal sewerage system or nitrate-nitrogen levels exceed five (5) milligrams per liter at which time more frequent testing may be required. Sampling Procedure Sampling will be performed by a qualified environmental scientist from the staff of Kurz Associates, Inc. The monitoring well will be developed by surging and bailing with a PVC constructed bailer until three well volumes of water are removed (if possible) . Samples will be collected with an all teflon or teflon/stainless steel constructed bailer in accordance with Environmental s. Protection Agency g y (E.P.A. ) RCRA Groundwater Monitoring Technical Enforcement Guidance Document OSWER-9950. 11 September, 1986. Cleaning of sampling equipment will be done by rinsing with Pesticide grade methanol, followed by distilled water. Samples will .be taken under chain-of-custody protocol also contained in that reference manual. Sample Container/Preservatives t Groundwater samples will be collected in clean, laboratory supplied, 250 ml plastic or glass containers with no preservative. Samples will be placed on ice in a cooler until delivered to the laboratory the same day. In order to ensure the ` timely analysis of the sample and to avoid exceeding sample holding time, the sampler will make an effort to collect the sample early in the day and early in the week (i.e. before Friday, or one day before a holiday) . 1 Kurz Associates, Inc. t January 22, 1988 Page 3 O Laboratory and Methodology All samples will be analyzed via Standard Method 418.A (U.V. Spectrophotometer as referenced in Standard Methods for the Examination of Water and Wastewater APHA AWWA WPCF , 16th ED. , 1985. Laboratory analysis will be conducted by the following state-certified facility: Barnstable County Health Department I Route 6A, Superior Court House Barnstable, MA 02630 (617) 362-2511 x338 Attention: Eric Butler Sampling Results Sampling results will be provided to: Mr. Neil Feeley, Trustee Plant Realty Trust 45 Plant Road Hyannis, MA 02601 and I Town of Barnstable Board of Health 367 Main Street Hyannis, MA 02601 j If you have any questions regarding this information, please contact. the undersigned. ej Sincerely, KURZ ASSOCIATES, INC. Ronald F. Bukoski, P.E. i Vice President ` RFB:lmw Attachment i �f 5 �;" .'( '�,:• I,�': �h �ti±' :i�^"�' :;:#, i[.' !'� EXPJBIT A.- P ArE W1. •(' ''y.'•' I 'i. . �. .�' •1.is Zo • � .. . . .. {, . .�`.: � " . . a u,`':6— .;'• ; P ;3 NT .r,,iD� R 43,sbor s,F T .. S 03 -s ,../.✓ TNrJ r1Cta �' 21� n.N. 7. c�•rbt '`t�' I'7 sr�arc aw'�'/fbo LA .. 1 O O p r' �P ' H .��• L e e -SlCil Ta/N6 )e/n/K oC• {34 '� 07'OSGD•• b .A �RC—Sf TEfe . ' --/V o' a9 so'Y✓ EXISTING MONITORING WELL PROPOSED NITRATE-NITROGEN 1 �Es/G�,. {�/TAR/q • ' - • SAMPLING LOCATION. E371v�7TCD I16*1,X.UPAC(rY 300 rro'-cc _ 46 ,rC5r.4voAAl -_ .4 S Q/p i < /Soo a/v SErra 4 /6/o (5/° t 31/0 tta/DA/ �/c�f L IF 2 3//o X /-sD�e• �• a�6S GfG.s. • • -- . VJC S000 OAL, SC,77C 7•rWK• r use /•soo C-At- rcpr.c S/7-�, U9+C�J`rr.A;r'•/ --8%� /�'�c�+��/..✓G Per. �oR Fo770-4 /S4C•f• s /OcAi.r._/s'¢G4s I. O lY.LA.M. oi4T�: ✓t/L.2A 1979 '•, //D GAL%DAB RC(i'(//RCO..:' .. .. cNecKto �7.f•�'.e. c USE .3 L cif Ct/M/8 P/ r /9'�i�ct*src y/.iMerc-R `,,, ,,• „� :. ' E'/.DFtE-Dr:•EL:/V�/NECTZ/.VG C�•., //✓C. /Ct�,,crVIL�Na(Nr�.rS 6 Su,CL'EYc'f" �-� •aAe J/Y,4•V/✓1S M4rS. SJ. Y�h.Y(,uT,,: !t.-: •() 7 1 r�.j OCT 08 '99 03:40PM ATLANTIC DESIGN 508 888 5859 P.1 tiHantic DESIGN ENGINEERS, INC. ENGINEERS & ENVIRONMENTAL SCIENTISTS October 81 1993 Mr. Thomas McKean Barnstable Health Department 367 Main Street Hyannis, MA 02601 Re: Omni Fitness 45 Plant Road, Hyannis Dear Mr. McKean: Please be advised that Atlantic Design Engineers, Inc. was unable to complete the field survey of existing wells for the Omni Fitness nitrate nitrogen monitoring plan due to scheduling issues. We are currently scheduled to conduct the survey work on Wednesday, October 13, 1993 . The water level information will be forwarded to you on Thursday, October 14 , 1993 . We apologize for the delay. If you have any questions or comments regarding this matter, . please do not hesitate to contact us. Very truly yours, ATLANTIC DESIGN ENGINEERS, INC. �r J me s R. Borrebach, P.E. oject Manager cc: Jonathan Davey Founce Corner Offlce Park 221 E. Main St. Suite 205 Ro. Box 1051 86 Founce Corner Rd, • Suite 410 Milford, MA 01757 Sandwich, MA 02563 N, Dartmouth, MA 02747 (508)478.2206 • FAX 478-0327 (508) 888-9282 • FAX 888.5859 is;m 007.AA97 . FAX 999.4060 i 2 O - 508188&9282-- FAX 888 an t 5859 - DESIGN'ENGINEERS; INC P O. Box 1051 • Sandwich;'Massachusetts 0256a. October;: Mr.:-' Jonathan- P :`Davey ,Omni,: Fitness: 4.5.:-Plant: Road , Hyannis,. MA `` 02601 Re Nitrate Nitrogen: Monitoring :Plan Additional Water Table Data Dear.: Mr.:. Davey. At .,your request,. , Atlantic Design Engineers,,, Inc,. contacted .Ms.. Gabrielle :Belf'it of':.the;--Cape Cod Commission. (CCC') .. re:lative to..the water table:>data. :submitted to-`the: Barnstable Health Department, on September 2,9, 19 9 3. : Ms. ``.Be 1 f it was concerned- with. the, apparent discrepancy .between `prev.iously ,mapped groundwater. movement direction versus the -groundwater direction determined from the. - three on s-ite-:monitoring_ wells In order to address,. this concern and based on our conversation. with Ms.. Belfit,. we recommend the.. following actions be taken: 1. The three: on site wells, will, be: redeveloped` to~ ensure- that accurate, water table elevation. readings are obtained and to minimize-. the potential. impacts,"due to silting_ of the. wells-. The on- site` wells: will.: be. tied. into the NGVD_ datum so that the: wells can: be, directly corr.elated. to existing municipal we1L elevation information. - 2 . A minimum of four (4) and up to six (6) existing municipally owned groundwater monitoring wells located in the. vicinity of the, property will bee investigated: to. determine- groundwater elevations. . We will coordinate with the. Health Department. and Town Engineer: to obtain: keys to the wells- and. for other applicable information. 3 - The additional water table Iinformation will be. used- to determine. . groundwater- movement in the: general_ vicinity of the property. 4. The groundwater flow direction data will be used to determine if an additional well should be installed on the property. If- the additional ' well is required it will. be installed as soon as possible. Given Dig-Safe notification requirements and scheduling requirements, the well installation should be completed within one to two weeks. Faunce Corner Office Park 221 E. Main St., Suite 205 86 Faunce Corner Rd. • Suite 410 Engineers, Surveyors & Planners Milford, MA 01757 N. Dartmouth, MA 02747 (508) 478-2206 • FAX 478-0327 (508) 997-5422 • FAX 999-4060 Atlantic._�, z Mr.. Jo.nathan> P Davey October-:1; 199-3 _ Page Two: We` Intend,,: to 'conduct this work"as soon a's. "possible and anticipate forwarding - "the . additional water table data to the Barnstable "Health 'Departm"ent, "'the Cape~Cod Commission 'staff:' and ,to-"you on or` " ... about. Friday,. October 8'1- 1993 is to the-.this information:: f questions and, issues raised rega"rding ahe. previous..Iy submitted water." table: dat"a. : If ` you have=:'any questions' ;or comments regarding this matter, please do not hesitate- to contact us-., Very. truly yours:,. ATLANTIC DESIGN ENGINEERS, LNC. mes R.. Borrebach, P.E. ,' CHMM P of ect; Manager.. r stab- e: Health. De artment cc° Mr. Thomas . McKean" Ban 1 P Ms Gabrielle Belf:it Cape: Cod Commission SEP 29 '93 16:38 ATLANTIC ENV TECHNOLOGIES P.2i3 AONA Hantic COGN ENGINEERS, INC. ENGINEERS & ENVIRONMENTAL SCIENTISTS • s' September 29, 1993 Mr. Jonathan P. Davey Omni Fitness 45 Plant Road Hyannis, MA 02601 Re: Nitrate - Nitrogen Monitoring Plan Water Table Data Dear Mr. Davey: At your request, Atlantic Design Engineers, Inc. conducted a survey of three (3) groundwater monitoring wells located on the property at 45 Plant Road in Hyannis, Massachusetts. The survey was conducted in response to comments of the 'down of Barnstable Board of Health. The survey involved a determination of the elevations of the top of PVC casings at each of the three wells. The casing elevation was determined based on an assumed elevation datum using standard field survey techniques. The water table elevations were determined by measuring the distance from the tap of casing to the wager table in each of the three wells using a Solinst electronic water -level meter . This meter is accurate to within five thousandths (0. 005) feet. The water table elevations on 9/.29/93 are as summarized below. Water Table Elevations can 9/29/93 Well Number Water_ Table Elevation IW - 1 72 . 90 r MW - 1 72 . 965 MW - 2 73 . 015 At the time of the survey, the water table elevations indicate groundwater movement towards the north-northwest at a very low, hydraulic gradient of 0. 0077 foot per foot . The hydraulic gradient would correspond to a parcey velocity in the order of a few inches per day. The groundwater contours place MW-1 and MW-2 upgr-adient of the existing septic system and IW-1 essentially within the septic system, As mentioned in our letter of September 27 , 1993 , it would be preferred to have one well located downgradient of the septic system near the site property line. Faunce Corner Office Park 221 E, Main St, • Suite 205 P.p, Sox 1051 . 86 Faunce Corner Rd, • Suite 410 Milford, MA 01757 Sondwich, MA 02563 N. Dartmouth, MA 02747 (508) 478.2206 + FAX 478-0327 (508) 888.9282 • FAX 888-5859 (508) 997-5422 • FAX 999.4060 SEP 39 '93 16:38 ATLANTIC ENV TECHNOLOGIES P.3i3 Atlantic Kr. Jonathan P. Davey September 29, 1993 Page Two We recommend that additional water .Level readings be obtained within 30 days in an effort to determine if groundwater movement is consistently moving towards the NNE. If groundwater movement is consistent, an additional well would be warranted in the extreme northwest corner of the property. However, given the current information available to us, immediate installation of a multi.-level well is not warranted at this time for two primary reasons. First, CCPEDC maps of regional groundwater elevations indicate the property is located southerly of and relatively closely to a groundwater divide. CCPEDC maps the groundwater in this area as travelling in a southeasterly direction. It is possible that the dry conditions experienced over the past several months have caused the groundwater divide to move southerly with the site specific groundwater flow , essentially reversing. Changes in the direction of groundwater movement could make the additional well superfluous. Secondly, the very low hydraulic gradients noted, as well as normal biological uptake and degradation of nitrogen would make it extremely unlikely that nitrogen nitrates and ammonia nitrogen generated by the Omni Fitness facility would be discharged off site within thirty days of the opening of that facility. We hope this information is sufficient to respond to the questions and issues raised by the Barnstable Board of Health. If you have any questions or comments regarding this matter, please do not hesitate to contact us. Very truly yours, ATLANTIC DESIGN ENGINEERS, INC. eR. Borrebach, P.E. , CHMM t Manager cc: Barnstable Board Of Health OCT 01 '9.9 10:47AM ATLANTIC DESIGN 508 888 5859 . P.1 �Irla c DESIGN ENGINEERS. INC. ENGINEERS&.ENVIRONMENTAL SCIENTISTS V FAX COVER SHEET TO: COMPANY: FROM: 1�'Yl- �'c '� DATE - - r RE: JOB NO. Number of Pages including cover sheet: �J Message: ATLANTIC DESIGN ENGINEERS, INC. If you have any Froblem 'with this transmittal, please contact us at (508) 888-9282 . Thank you. Founce Comer Offlce Pork 221 E. Moin St. • Suite 205 R0. Box '1051 86 Pounce Comer Rd. • Suite 41C Milford, MA 01757 Scndwlch, MA 02563 N, Dartmouth, MA 02747 (508) 478.2206 • FAX 478.0327 (508) 888.9252 • FAX 883-5859 (508) 997-5422 • FAX 999-4060 MEMORANDUM Information Systems copy machine is non-functioning By State mandate facsimilies have to be transferred to standard copy paper.- Please be sure to copy this fax as soon as you get back to your office. Thank you, Nancy Pyy Information Systems Data. Entry Clerk MEMORANDUM Information Systems copy machine is non-functioning By State mandate facsimilies have to be transferred to standard copy paper. Please be sure to copy this fax as soon as you get back to your office. Thank you, Nancy Pyy Information Systems Data Entry Clerk SEP 29 '93 16:35 ATLANTIC ENV TECHNOLOGIES P.1/4 . Atlantic DESIGN ENGINEERS, INC. ENGINEERS & ENVIRONMENTAL SCIENTISTS X VER SH T COMPANY: FROM: DATE: RE: JOB NO. Number of Pages including cover sheet: Message: ATLANTIC DESIGN ENGINEERS, INC. ` If you have any problem with this transmittal, Tease contact us at (508) 997-5422. Thank you. Founce Corner OfficePark 221 E, Main St, • Suite 205 PO. Box 1051 86 Faunce Corner Rd. • Suite 410 Milford, MA 01757 Sandwich, MA 02563 N. Dartmouth, MA 02747 (508)478.2206 • FAX 478.0327 (508) 888.9282 • FAX 888-5859 (508) 997-5422 0 FAX 999-4060 f SEP 29 '93 16:37 ATLAI11TIC ENV TECHNOLOGIES P. 1/3 Z,.-DAtlantic DESIGN ENGINEERS, INC. ENGINEERS & ENVIRONMENTAL SCIENTISTS ti A FAX COVER SHEET TO: .Qfvto. ,� M COMPANY: L C . FROM: '"� I�(- ti--r- !" a G-" DATE: .J RE: JOB NO. Number of Pages including cover sheet: Message: ATLANTIC DESIGN ENGINEERS, INC. - If you have any problem with this transmittal, please contact us at (508) 997-5422. Thank you. Faunce Corner Office Park 221 E. Main St. Suite 205 RO, Box 1051 86 Faunce Corner Rd. + Suite 410 Milford, MA 01757 Sandwich, MA 02563 N. Dartmouth, MA 02747 (508) 478-2206 - FAX 478-0327 (508) 888-9282 • FAX 888-5859 (508) 997-5422 FAX 999-4060 �n Log Number: Bottle # 124502 Date: 7/19/93 sa BARNSTABLE COUNTY HEALTH AND ENVIRONMENTAL DEPARTMENT SUPERIOR COURT HOUSE BARNSTABLE, MASSACHUSETTS 02630 J ss DRINKING WATER LABORATORY ANALYSIS PHONE:362-25tt :-Ext. 337 Client: Mr. Wm. Dillion Collector: Edward Genest _ Mailing Address: MJP Realty Trust Affiliation: Other Belmont St. Time & Date"of 7/13/93 9:15 a.m. a er own, N. 7 Collection: Telephone: 6 70923-446 Type`of"Supply: well Sample Location: W-1 Well Depth:` b Plant St. Date'of•Analysis: Hyannis, MA. 026 PARAMETER SAMPLE RESULT' RECOMMENDED LIMITS Total Coliform Bacteria/100 ml 0 H Conductivity (micromhos/cm) 500.0 Iron m) 0.3 Nitrate-Nitro en ( m ''$ 10.0 Sodium m) 20.0 Copper (ppm) 1 .3 I .`, --V1')Water sample meets the recommended limits for drinking of all above tested parameters. II . XXXX Based only on results of the parameters tested for this sample, the water is suitable for drinking but 'may present the problems checked below: A. XXXX eater sample has higher than average levels of Nitrate. Future monitoring is recommended (2-3 times per year) to establish any upward trends. B. The low pH of the water may shorten the useful life of the house's plumbi►ig. C. Water may present aesthetic problems (taste, odor, staining) due to D. Water sample has high levels of sodium. Persons on low sodium diets should consult their doctor. III. Due to one or more of the reasons checked below, this water sample exceeds the recommended maximum contamination level for drinking water: A. High Bacteria B. High Nitrates REMARKS: BOH CC: .. CC: Laboratory Director 1 /7/8.5 Explanation of Test Results Total Coliform Bacteria Coliform bacteria are an indicator of the sanitary quality of a water'supply. Water supplies may become contaminated from malfunctioning septic systems, cesspools and surface runoff. A total coliform count of zero indicates that your water supply is safe and approved for human consumption. A total coliform count of greater than zero is most often the result of accidental contamination of the,sample bottle through improper sampling methods. For this reason, it would be advisable to retest any well water that is not approved. PH pH is the measure of acidity or alkalinityof the water. On the pH scale, the number 7 is neutral, less than 7 is acidic and more than 7 is alkaline. The pH of water on Cape Cod tends to be acidic in the range of 5.0 to 6.5. Conductivity Conductivity is a measure of the dissolved salts in solution. Amounts in excess of 500 micromhos/cis are generall} considered unacceptable and may have a laxative effect upon users. Iron The presence of iron in water in concentration of .3 ppm or greater may: give the water a bittersweet astringent taste, cause an unpleasant odor, often gives the water a brownish color and cause staining of laundry and porcelain. The average concentration of iron in Cape Cod's water is .2 - .6 ppm. Although the presence of iron in ,eater ma'., cause the problems listed above, it is not considered deleterious to health. Iron may be removed by use of an iron removal system. Nitrate-nitrogen The Massachusetts Drinking Water Regulations have set a maximum contaminant level for nitrates at 10 ppm. Excessive concentrations may cause methemoglobinemia (an infant disease) and have been suggested to form potentially carcinogenic nitrosamines. Contamination sources include fertilizers, cesspools and industrial wastes. Copper Due to the acidic nature of the water on Cape Cod, copper tends to leach from pipes. This normally does not present a health hazard; however, concentrations in excess of 1.0 ppm may cause a metallic taste and/or a bluish-green stain on porcelain fixtures. Sodium A concentration of sodium over 20 ppm is only of concern to people who are on a low sodium diet. If the water supply has more than 20 ppm sodium, it is up to the people who are on such a diet to find another source of drinking water or contact their doctor to determine if consuming the water is advisable. Concentrations exceeding 50 ppm indicate that there may be ocean water or road salt runoff water getting into the well. Log-'Number: Bottle'# 124503 Date: 7/19/93 of BA�q� �� sa BARNSTABLE COUNTY HEALTH AND ENVIRONMENTAL DEPARTMENT Z SUPERIOR COURT HOUSE BARNSTABLE, MASSACHUSETTS 02630--. J a7AMP ` DRINKING WATER LABORATORY ANALYSIS PHONE:362-261t Ext. 337 Client: MJP Realty Trust Collector: Edward Gene7st Mailing Address: Mr. Wm. Dillion Affiliation: Other 160 Belmont St. Time & Date of Watertown. MA. 02172 Collection: - 7/13/93 9:30 a.m. Telephone: 617-923-4461 ; Type of Supply: Weli Sample Location: IW 1 Well Depth: � 45 Plant St. Date of Analysis: Hyannis, 14A. 02601 PARAMETER SAMPLE 'RESULT': RECOMMENDED LIMITS Total Coliform Bacteria/100 ml 0 H Conductivity (micromhos/cm) 500.0 Iron ( m) 0.3 Nitrate-Nitro en ( m 0.6 _10.0 Sodium m) . 20.0 Copper (ppm) 1 .3 I . XXXX Water sample meets the recommended limits for drinking of all above tested parameters. II. Based only on results of the parameterstested for this sample, the water is suitable for drinking but may present the problems checked below: A. Water sample has higher than average levels of Nitrate. Future monitoring is recommended (2-3 times per year) to establish any upward trends. B. The low pH of the water may shorten the useful life of the house's plumbing. C. Water may present aesthetic problems (taste, odor, staining) due to D. Water sample has high levels of sodium. Persons on low sodium diets should consult their doctor. III. Due to one or more of the reasons checked below, this water sample exceeds the recommended maximum contamination level for drinking water: A. High Bacteria B. High Nitrates REMARKS: CC: BOH Laborory Director at 1 /7/85 Explanation of Test Results Total Coliform Bacteria Coliform bacteria are an indicator of the sanitary quality of a water supply. Water supplies may become contaminated from malfunctioning septic systems, cesspools and surface runoff. A total coliform count of zero indicates that your water supply is safe and approved for human consumption. A total coliform count of greater than zero is most often the result of accidental contamination of the sample bottle through improper sampling methods. For this reason, it would be advisable to retest any well water that is not approved. PH pH is the measure of acidity or alkalinityof the water. On the pH scale., the number 7 is neutral, less than 7 is acidic and more than 7 is alkaline. The pH of water on Cape Cod tends to be acidic in the range of 5.0 to 6.5. Conductivity Conductivity is a measure of the dissolved salts in solution. Amounts in excess of 500 micromhos/cm arc generall. considered unacceptable and may have a laxative effect upon users. Iron The presence of iron in water in concentration of .3 ppm or greater may: give the water a bittersweet astringent taste, cause an unpleasant odor, often gives the water a brownish color and cause staining of laundry and porcelain. The average concentration of iron in Cape Cod's water is .2 - .6 ppm. Although the presence of iron in water ma., cause the problems listed above, it is not considered deleterious to health. Iron may be removed by use of an iroii removal system. Nitrate-nitrogen The Massachusetts Drinking Water Regulations have set a maximum contaminant level for nitrates at 10 ppm. Excessive concentrations may cause methemoglobinemia (an infant disease) and have been suggested to form potentially carcinogenic nitrosamines. Contamination sources include fertilizers, cesspools and industrial wastes. Copper Due to the acidic nature of the water on Cape Cod, copper tends to leach from pipes. This normally does not present a health hazard; however, concentrations in excess of 1.0 ppm may cause a metallic taste and/or a bluish-green stain on porcelain fixtures. Sodium A concentration of sodium over 20 ppm is only of concern to people who are on a low sodium diet. If the water supply has more than 20 ppm sodium, it is up to the people who are on such a diet to find another source of drinking water or contact their doctor to determine if consuming the water is advisable. Concentrations exceeding 50 ppm indicate that there may be ocean water or road salt runoff water getting into the well. 7-7 Log Number: Bottle # 124501 Date: 7/19/93 OF BALM s s BARNSTABLE COUNTY HEALTH AND ENVIRONMENTAL, a DEPARTMENT E` SUPERIOR COURT HOUSE 2 BARNSTABLE, MASSACHUSETTS 02630 J �yAMP DRINKING WATER LABORATORY ANALYSIS PHONE:362.2511 Ext. 337 Client: Mr. William Dillion Collector: _ Edward Genest Mailing Address: MJP Realty Trust Affiliation: Other 160 Belmont St. Time &- Date of Watertown, MA. 02172 Collection: 7/13/93 9:00 a.m. Telephone: 617-923-4461 Type of Supply: Well Sample Location: MW-2 Well- Depth:. 231 45 Plant Rd. Date of Analysis: PARAMETER SAMPLE RESULT RECOMMENDED LIMITS Total Coliform Bacteria/100 ml 0 H Conductivity (micromhos/cm) . 500.0 Iron m) 0.3 Nit-fate-Nitrogen ( m) 0.04 10.0 Sodium m) 20.0 Copper (ppm) 1.3 I .XXXX Water sample meets the recommended limits for drinking of all above tested parameters. II . Based only on results of the parameters tested for this sample, the water is suitable for drinking but may present the problems checked below: A. Water sample has higher than average levels of Nitrate. Future monitoring is recommended (2-3 times per year) to establish any upward trends. B. The low pH of the water may shorten the useful life of the house's plumbing. C. Water may present aesthetic problems (taste, odor, staining) due to D. Water sample has high levels of sodium. Persons on low sodium diets should consult their doctor. III. Due to one or more of the reasons checked below, this water sample exceeds the recommended maximum contamination level for drinking water: A. High Bacteria B. High Nitrates REMARKS: CC: BOH CC: . ._ Labora ory Director "`-- 1 /7/85 Explanation of Test Results Total Coliform Bacteria Coliform bacteria are an indicator of the sanitary quality of a water supply. Water supplies mad become contaminated from malfunctioning septic systems, cesspools and surface runoff. A total coliform count of zero indicates that your water supply is safe and approved for human consumption. A total coliform count of greater than zero is most often the result of accidental contamination of the sample bottle through improper sampling methods. For this reason, it would be advisable to retest any well water that is not approved. )AI pH is the measure of acidity oralkalinityof the water. On the pH scale,the number 7 is neutral, less than 7 is acidic and more than 7 is alkaline. The pH of water on Cape Cod tends to be acidic in the range of 5.0 to 6.5. Conductivity Conductivity is a measure of the dissolved salts in solution. Amounts in excess of 500 micromhos/cm are generall\ considered unacceptable and may have a laxative effect upon users. Iron The presence of iron in water in concentration of .3 ppm or greater may: give the water a bittersweet astringent taste, cause an unpleasant odor, often gives the water a brownish color and cause staining of laundry and porcelain. The average concentration of iron in Cape Cod's water is .2 - .6 ppm. Although the presence of iron in ,vater ma.v cause the problems listed above, it is not considered deleterious to health. Iron may be removed by use of an iron removal system. Nitrate-nitrogen The Massachusetts Drinking Water Regulations have set a maximum contaminant level for nitrates at 10 ppm. Excessive concentrations may cause methemoglobinemia (an infant disease) and have been suggested to form potentially carcinogenic nitrosamines. Contamination sources include fertilizers, cesspools and industrial wastes. Copper Due to the acidic nature of the water on Cape Cod, copper tends to leach from pipes. This normally does not present a health hazard; however, concentrations in excess of 1.0 ppm may cause a metallic taste and/or a bluish-green stain on porcelain fixtures. Sodium A concentration of sodium over 20 ppm is only of concern to people who are on a low sodium diet. If the water supply has more than 20 ppm sodium, it is up to the people who are on such a diet to find another source of drinking water or contact their doctor to determine if consuming the water is advisable. Concentrations exceeding 50 ppm indicate that there may be ocean water or road salt runoff water getting into the well. CAPE COD COMMISSION � � f� 3225 MAIN STREET 4� p P.O. Box 226 v BARNSTABLE,MA 02630 • - , 508-362-3828 As`-' FAX:508-362-3136 SFp VEQ n 2 8 199d .� Mr. Tom McKeon Barnstable Board of Health Town of Barnstable Hyannis, 'MA 02601 September 27, 1993 Dear Mr. McKeon; I have reviewed the proposed water quality monitoring".plan for the Omni Fitness Center and offer the following comments. 1) There is no site specific water table information available at k,this time for the project site, which makes it impossible to judge the adequacy of the current well locations, or interpret the existing water quality data. The monitoring plan designed by Atlantic Engineers specifies that water levels will be taken prior to each sampling event, and the overall layout of wells evaluated after three rounds of sampling. It is suggested that the water table gradient be defined as soon as possible to assess the exising network and to determine the need for an additional well. - 2) If an additional well is recommended;: the -well should be constructed as a multilevel well, with at least three screened`intervals; the first should be a five foot screen placed at the water table and the folowing two placed as five foot screens at five foot intervals. 3) Water quality analysis should be expanded to include ammonia nitrogen as well as nitrate nitrogen for a more complete understanding of the wastewater impacts. If I can be of further assistance please do not hesitate to contact me. Sincerely, Yv1� Gtai 1e Belfit Hydrologist cc: Mr. James F. Davey, Esq. OCT 01 '93 10:48AM ATLANTIC DESIGN 508 888 5859 P.2 -Atlantic® (508) 888-9282 • FAX 888.5859 DeliGN ENGINEERS, INC. P,O, Box 1051 • Sandwich, Massachusetts 02563 41 October 1, 1993 Mr. Jonathan P. Davey Omni Fitness 45 Plant Road Hyannis, MA 02601 Re: Nitrate - Nitrogen Monitoring Plan Additional Water Table Data Dear Mr. Davey: At your request, Atlantic Design Engineers, Inc. contacted Ms. Gabrielle Belfit of the Cape Cod Commission (CCC) relative to the water table data submitted to the Barnstable Health Department on September 29, 1993 . Ms. Belfit was concerned with the apparent discrepancy between previously mapped groundwater movement direction versus the groundwater direction determined from the three on site monitoring wells. In order to address this concern and based on our conversation with Ms. Belfit, we recommend the following actions be taken: 1 . The three on, site wells will be redeveloped to ensure that accurate water table elevation readings are obtained and to minimize the potential impacts due to silting of the wells. The on site wells will be tied into the NGVD datum so that the wells can be directly correlated to existing municipal well elevation information. 2 . A minimum of four (4) and up to six (6) existing municipally owned groundwater monitoring wells located in the vicinity of the property will be investigated to determine groundwater elevations. We will coordinate with the Health Department and Town Engineer to obtain keys to the wells and for other applicable information. 3 . The additional water table information will be used to determine groundwater movement in the general vicinity of the property. 4 . The groundwater flow direction data will be used to determine if an additional well should be installed on the property. If the additional well is required it will be installed as soon as possible. Given Dig-Safe notification requirements and scheduling requirements, the well installation should be completed within one to two weeks. Faunce Corner Office Park 221 E. Main St„ Suite 205 86 Faunce Corner Rd, • Suite 410 �nglneers, Surveyors & Planners Milford, MA 01757 N, Dartmouth, MA 02747 (508) 478-2206 e FAX 478.0327 (508) 997.5422 • FAX 999-4060 OCT 81 '93 10:49AM AT_ANTIC DESIGN 508 888 5859 P.1 Atlantic Mr. Jonathan P. Davey October 1, 1993 Page Two We intend to conduct this work as soon as possible and anticipate forwarding the additional water table data to the Barnstable Health Department , the Cape Cod Commission staff and to you on or about Friday, Octcbor 8, 1993 . We hope this information is sufficient to respond to the questions and issues raised regarding the previously submitted water table data. , It you have any questions or comments regarding this matter, please do not hesitate to contact us. Very truly yours, ATLANTIC DESIGN ENGINEERS, INC. mes R. Borrebach, P. L. , CHMM P oject Manager cc; Mr. Thomas McKean - Barnstable Health Department Ms. Gabrielle Belfit - Cape Cod Commission CAPE COD COMMISSION 3225 MAIN STREET Ce, ' O P.O. Box 226BARNSTABLE,MA 02630508-362-3828ASe' FAX:508-362-3136 Mr. Tom McKeon Barnstable Board of Health Town of Barnstable Hyannis, MA 02601 September 27, 1993 Dear Mr. McKeon; I have reviewed the proposed water quality monitoring,, plan--for the Omni Fitness Center and offer the following comments. `a 1) There is no site specific water table information available at-this, time for the project site, which makes it impossible to judge the adequacy of the, current well locations, or interpret the existing water quality data. The monitoring plan designed by Atlantic Engineers specifies that water levels will, be."taken prior to each sampling event, and the overall layout of wells evaluated after three rounds of sampling. It is suggested that the water table gradient be defined .as soon as possible to assess the exising network and to determine the need for`an additional well. _ v 2) If an additional well is recommended,-the -well should be constructed as a multilevel well, with at least three screened intervals; the first should be a five foot screen placed at the water table and the folowing two placed as five foot screens at five foot intervals. 3) Water quality analysis should be expanded to include ammonia nitrogen as well as nitrate nitrogen,,'for a more complete understanding of the wastewater impacts. If I can berxof'further assistance please do not hesitate to contact me. Sincerely, Ga ielle Belfit Hydrologist cc: Mr. James F. Davey, Esq. �oGIVE ,e The Town of Barnstable Health Department } "0STAn "& ' 367 Main Street, Hyannis, MA 02601 039. �0 YY M• Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health September 27, 1993 James F. Davey Attorney At Law 207 Front Street P.O. Box 319 Scituate, MA 02066 Dear Mr. Davey: Attached please find comments from Gabrielle Belfit of the Cape Cod Commission regarding the proposed nitrate-nitrogen monitoring plan. As noted in the letter, you submitted information which was inadequate to interpret the existing water quality data. Site specific water table information must be submitted to the Health Department Office as soon as possible and prior to opening the "club" . I am also in receipt of a letter from James R. Borrebach of Atlantic Design Engineers addressed to Jonathan Davey dated September 27, 1993. The letter is incorrect in that it states there were two comments from Gabrielle Belfit of the Cape Cod Commission. Actually there were three comments from Ms. Gabrielle Belfit: ( 1) Site specific water table information must be submitted; (2) A multi-level well must be installed if the existing wells are not located properly to monitor the nitrate-nitrogen levels downgradient from the septic system and/or at the downgradient property line; and (3) Water quality analysis must be expanded to include ammonia nitrogen. Site specific water table information is needed and the plan must be completed as soon as possible, not "after three quarterly sampling rounds" as stated by Mr. Borrebach. As stated to you in writing on September 20, 1993, the opening date for the "Club" may be delayed due to the lateness of your submission of the nitrate-nitrogen monitoring plan to the Board. However, as soon as the requested information is received, I will ensure that all three Board of Health members receive copies as expeditiously as possible for their review. Sincerely yours, .� j Thomas A. McKean Agent of the Board of Health cc: Board of Health OF-620 -+t 4:l:k;;+.,.:+: -.JOURNAL- DATE 09/24/1993 :+':K:+:;4:+; TIME 13:.`8 NO. COM DOC DURAT I ON X/R I DENT I F I CAT I OVA DATE' T I t^E D I AGNOST I _: 21 OK 05 00 02'43 ;'riT ' T ?3623136 09, 24 1?'25 840440AC:2900 -Town of: Barnstable . - �r ►: :+;+�:i k:Y i h:+; ,+:.}:}; :+:h:Yh k::k: -PAHASON I C- r:;+. :+::; :+:r+k, :+:;::,::}:a;:: .: ::;:+: - 508; 33344- Ly -S 1 FAX TRANS TTAL #of pages Ta abri a Fran: ONIc?9 �d Co. Bamstable Health Dept. rMssiari Phone0 (508)790-6265 I Fax# 262 313& Fax# (508)775-3344 e � e ,NBC I �!k k'OvJ n Lo 1 n Cyr e y t I � �s We c", I Log Number: Bottle# 124502 Date: 7/19/93 1j ebqBAR� BARNSTABLE COUNTY HEALTH AND ENVIRONMENTAL DEPARTMENT SUPERIOR COURT HOUSE BARNSTABLE, MASSACHUSETTS 02630 �+1 j �yAss DRINKING WATER LABORATORY ANALYSIS . ,+ ,3�.�' �, :PHONE:ssz•z5» _Ext.337 Client• : ; Mr. Wm. ,D,i l l>ion, :. Col Lector'• ",,ii .Edward,.4enestnI Mailing Address: MJP Realty Trust• Affiliation: Belmont St, Time` & Date'=of Watertown, Col lection: >' 7/13/93 Telephone: - .6 Type'of Supply:,-'-, e ll Sample Location: MW-1 Well 'Depth:' 45 Plant Date"of Analysis: yann s, it PARAMETER SAMPLE RESULT RECOMMENDED LIMITS Total Col iform Bacteria/100 ml "f F } i"°,,: + ;+r "' • , :0 H Conductivity micromhos/cm 500.0 ' }• r.. it': r I .. ,r,t'i+ ._ r ,i ,. .'rr .. 't ."Ft v+,`.4. et -'.>)�+ l i,. 'r' J41;i, {1 '$es•ini{'3*14��i•i .. • Iron m r . �, : ,, r rF � r 0.3' . . 5.8 Nitrate-Nitro en m 10.0 Sodium m rii� <. _ •a . t'srlt ,"#?k ;d lft,f'Q:.) +f :. tr rtr,wq 3,t .�1.'a. .,.}}{� _.t �.'. Copper (ppm) : . .,r •. a r;, t.r ,( 13= .<, : 1 .. 4, i' r .;` r r il` �.3: x�t 9 {�'.t•iY}x�1f4 .. ,. i _�. ..+ a,i,,. ."r' ` „ trr:r .i • .k'fi ii <f "?i"3.�1,,:'7(��i'�a"'73�' _ I• Water sample meets the recommended limits for drinking of all above tested parameters. II • XXXX Based only on results of the parameters tested for this sample, the water 1s'` suitable for drinking but may present the problems checked below: A• XXXX eater sample has higher than, average levels of Nitrate. Future monitoring is- recommended (2-3 times per year) to establish any upward trends. B. The low pH of the water may shorten the useful life of the house's plumbing. C. Water may present aesthetic problems (taste, odor, staining) duefto D. Water sample has high levels of sodium. Persons ion-tglowr°sodium,°diets,should'rw4j.. consult their doctor. III. Due to one or more of the reasons checked below, this water sample exceeds1the recommended maximum contamination level for drinking water: A. High Bacteria B. High Nitrates •.r tt ,; - .. r .. ,.t'�' t r r(r - . i• .s: .r t, it•,.i'tw REMARKS: 3 i1'..• t? !.r; .4i+.. „i» 3 !.Y' 4rr '77 ^.t� f>iqi + BOH CC. CC: ,. r Laboratory erector- 17 i 4 Log'Number: Bottle# 124503 r Date: 7/19/93 OF BA1p,� BARNSTABLE COUNTY HEALTH AND ENVIRONMENTAL DEPARTMENT !' Z SUPERIOR COURT HOUSE G BARNSTABLE, MASSACHUSETTS 02690-'-. A1AMP DRINKING WATER LABORATORY ANALYSIS ,.;., ,.�' ;,?HONE:382-2511 :Gi.337 Client• MJP Realty Trust :; .. ; . Col,l ector:, f fi EdwardGenest;,; 41 , af,a Mailing Address: Mr. Wm. Di l l ion Affiliation:.l`i ati on:. <, Other 160 6 lmont St. . .Time=;&f,Date;,of Watertown, MA: 02172 Collection:.r Telephone: 617-923-4461 Jype,of Supply Well Sample Location: IW 1 Well Depth: 23' 45 Plant St. Date .of Analysis: f Hyannis, MA. 02601 !' PARAMETER SAMPLE RESULT REC MMENDE LIMITS Total Col i form Bacteria/100 ml H Conductivity micromhos/cm 500:0� :.t1` f?T F..tt.'t Iron m) 0,3 3 ar7fs'y • i Nitrate-Nitro en m 0.6 10.0 Sodium m JG i, CoppeC (ppm) I : I . XXXX Water sample meets the recommended limits for drinking of all above tested parameters. II. Based only on results of the parameters tested for'this sample, they.water,J-Ss ,; suitable .for drinking but may present the problems checked below: A. Water sample has higher than average' 16Vels 'of Nitrate Future monitoring is : recommended (2-3 times per year) to establish any upward trends. . . B. The low pH of the water may shorten the useful life of the house's plumbing. ;Y . C. Water may present aesthetic problems (taste, odor, staining) due to " ,i. .t+, ,i it 1td.:s', 7l� z„,9q ,.i1f 4d 3= �• ' : .. i ji:t' ,. f' .. `f t,cy'�'r (1 f' %e , ',f'. ;f ;`! �G'tf§i t --..iA:iv�; �?7,='" .f ���,t1'�'�' is 1 '•t`:':.�,f�' - '. D. Water sample has high levels of sodium. Persons on low. sodium..dietskshould..,,C,; consult their doctor. III. Due to one or more of the reasons checked below, this water'sample exceedsfthe recommended maximum contamination level for'drinking water: A. High Bacteria B. High Nitrates r; .M RKS:RE ' r {' r1,}: 1�� Ittr' i JSr.: 1. - ;t,� {y t. ( n ,'•3i;1 i CC: ' BOH La oratory irector 1/7/85 Log Number: Bottle # 124501 Date: 7/19/93 ,�°4 aw,�tisa BARNSTABLE COUNTY HEALTH AND ENVIRONMENTAL DEPARTMENT SUPERIOR COURT HOUSE BARNSTABLE, MASSACHUSETTS 02630 5 DRINKING WATER LABORATORY ANALYSIS ., :,,=rvNONE`sss-2511 MAS _, Ext:897 Cl i ent . f .., ' Mr. Wil l iam..Dil l ion , . ,` Coll ector , ' +} ; , ; EdWard ,Gendst rx'iri�,), ' Mailing Address:.. jMJP Realty Trust Affiliation: , : . . .Other : <_ 160 Belmont St Time-:& Date, of,;..- ... Watertown. MA. 02172 Collection: 7/13/93 „ 9:00 a.m. Telephone 617-923-4461 Type 'of:'-Supply: . Well r Sample Location: MW-2 Well Depth: 23 45 Plant Rd. Date- of Analysis: Hyi _nlsPARAMETER-- SAMPLE RESULT RECOMMENDED IT Total Col iform Bacteria/100 ml ,: ; r �t; J� !' if t Oi s, T H Conductivity micromhos/cm 500:0 .. , it if .. '. ..'f;t.i '-t t4; :k,.Sfi(a 1 ,• s Iron m) 0;3, . m �0.04' 10.0 a I Nitfate-Nitro en� ,. Sodium m 20:0 Pp •(PP ) 1.3 Ii ., •r' :a r3i ri s.: F ,f'C�4 � }, r. �f j '.�i { _ I .XXXX Water sample meets the recommended limits for drinking of all above tested parameters. II . Based only on results of the parameters tested for this sample, the water Jsv>�:` suitable for drinking but may present the problems checked below: A. Water sample has higher than average levels ,,of Nitrate. Future.monitoring is recommended (2-3 times per year) to establish any upward trends. i B. The low pH of the water may shorten the -useful life of the house's plumbi►igi ctn C. Water may present aesthetic problems (taste, odor, staining)'du6 to ,, , , •t }1,ri �' i { �i` ',Ct{ sf`i P 6, tr�aj.�(X .` D. Water sample has high levels of sodium. Persons on F'low.�sodium;,diets :should;,, ; consult their doctor. I11. Due to one or more of the reasons checked below, this water sample exceeds;'Ethe'.' recommended maximum contamination level for drinking water: A. High Bacteria B. . High�Nitrates; - - , 1!!i ':1` t . t -rt:, Y, !,•,! ., 1 ,:° 61ry i1r REMARKS: r t. ,.; r;•.. - CC: BOH CC: , Labora o irec or i 117185 es4. ROq y — POaR fro" - ?off_ 3a' 2 RlVgT `.89.73' 39ti Pas• 19 p0. 3• E 40' WIDE) ^� 3•rS / �1 R.12d•/ • �L. 112.Z / SYSTEM 10 W P4Ix uc _ l S4B£C G. S P;ak 0. a < TQ• (' / �iy �� OF QO, 3S8 94RNS7�44&k Se• W // �2 ti CO q ,c M'Q TF 3j"AV 1. THIS D CONDITIONS SCHEMATIC AND ON THE GROUND APPROXIMATELY toa'°Foc /0N FR AIRPORT PLACE Mqp� HYANNIS, MASS AO A tlanti C DESIGN ENGINEERS INC. SITE PLAN P.O. Box 1.051, Sandwich, MA 02563 .(508) 888 - 9282 MAY 16, 1990 SENT BY�.Xerox Telecopier 7020 9-15-93 14:32 Barnstable County-4 - 5087753344;# 1 y j -ES, �F:.i 4V Y AT DRNEYAT Lr4W ?;FR0NT STREi T .1�.4 ,BOX,,14 . SCITUA 7::,- AS5A�N(JSt�TTS:42Oi'6 September-13, 1993 'Joseph C; Snow, M.O. 8.aard,of Health Town of-Sarnstab.le Hyannis, Massachusetts 02601 bearDr: Snow: I am writing in response'to your correspondence dated August'10, 1993 granting permission to use certain spaces as health club at 45 Plant Road. We are requesting an'extensioft of two (2) weeks to,September 27, 1993; as,to the requirement'of paragraph ten (10)`of your corresp' ndenca: ' 'The Club will not open.uhti :Octob@r,1, 1993,and the,nitratelnitrogen monitoring•plan as re4 uir'ed by paragraph,ten (1) li your-.correspondence is now.being.prepared., I am providing-you with two (2);copies of this.letter and:request that you sign of-copy and rQtu.rn to�me if'this is ecceptgbl®: Thank you for your anticipated!coope.ration. ery truly." urs, Post-It"brand fax transmittal memo 7671 #of Pegee P.TOrom a es F; Davey b. Co. e t none x nclosure Fax cc: Mr, Jonathan P. Davey We.hereby grant the`extension requested. Joseph C, Snow, M.0. JA MES F. DA VEY ATTORNEY AT LAW 207 FRONT STREET, P.O. BOX 319 SCITUATE, MASSACHUSETTS 02066 (617) 545-9770 September 13, 1993 Joseph C. Snow, M.D. Board of Health Town of Barnstable Hyannis, Massachusetts 02601 RE: Jonathan P. Davey, 45 Plant Road Hyannis, Massachusetts Dear Dr. Snow: am writing in response to your correspondence dated August 10, 1993 granting permission to use certain spaces as health club at 45 Plant Road. We are requesting an extension of two (2) weeks to September 27, 1993, as to the requirement of paragraph ten (10) of your correspondence. The Club will not open until October 1, 1993 and the nitrate/nitrogen monitoring plan as required by paragraph ten (1) in your correspondence is now being prepared. I am providing you with two (2) copies of this letter and request that you sign of copy and return to me if this is acceptable. Thank you for your anticipated cooperation. ery truly y urs, ames F. Davey r nclosure cc: Mr. Jonathan P. Davey We hereby grant the extension requested. Dated Joseph C. Snow, M.D. r ee NUMMELiN n 1 -,CAWeffid" . . !batrGy, &q. t07 Swat sit"t r -D. Box Sig c&ttA.aLg cMa "U& ozo66 (617) 545-9770 September 17, 1993 Brian Grady, R.S,, Chairperson Board of Health Town ofBaeiiitablc Re: Health Club, 45 Plant Road, Hyannis Dear Mr, Grady; Regarding our request for an extension, received by your office on September 14., 1993, we found-ourselves in scheduling conflict with the engineer retained to perform the nitrate/nitrogen.monitoring plan. To insure that the plan will be Available, we have retained another engineer more familiar with the Town of Barnstable's procedures in these matters. We will submit the nitrate/nitrogen monitoring plan on Tuesday the 21 st day of September, 1993. As indicated in our letter to ,your office dated the 13th of September, the facility is not f, scheduled to open until October 1, 1993. Your receipt of the monitoring plan on Tuesday the 21st should allow adequate time for review. Thank you for your cooperation in this matter. Jonathan P. Davey b his Attorney, lames F. Davey - J D/ntg . Building Inspector Town of Barnstable 1MEFF NUMMEIIN v K JAMES F. FDA VEY ` ATTORNEY AT LAW S 207 FRONT STREET, P.Q. BOX 319 'P 4 E MA SA USETTS 02066 199 SClTUAT S CN . (617) 545-9770 September 13, 1993 Joseph C, Snow, M.D. Bgard of Health Town of Barnstable Hyannis, Massachusetts 02601 RE: Jonathan P. Davey, 45 Plant Road, Hyannis, Massachusetts Dear Dr. Snow: I am writing in response to your correspondence dated August 10, 1993 granting permission to use certain spaces as health club at 45 Plant Road. We are requesting an extension of two (2) weeks to September 27, 1993, as to the requirement of paragraph ten (10) of your correspondence. The Club will not open until October 1, 1993 and the nitrate/nitrogen monitoring plan as required by paragraph ten (1) in your correspondence is now being prepared. I am providing you with two (2) copies of this letter and request that you sign of copy and return to me if this is acceptable. Thank you for your anticipated cooperation. ery truly ours, a . Davey En losure Mr. Jonathan P. Davey We hereby grant the extension requested. Dated Joseph C. Snow, M.D. dos FROM JEFF NUMMELIN a a Xw Cfi" Cf gurzEA 9. Sbavey, 9AI. 0*10"I aE .ato 207 gtalsf A't"f P /Co. Box qlg /J4Ltl�A�i, o�lal�na�tul+c�Ls Dow (6i7l 343-0770 September 17, 1993 Brian Grady, R.S•, 'Chairperson board of Health Town of Barnstable Re; Health Club, 45 Plant Road, Hyannis Dear Mr, Grady; Regarding our request for all extension, received by your office on September 14, 1993, we found ourselves in scheduling conflict with the engineer retained to perform the nitrate/nitrogen illol]itol-ilis 1)lan. To insure that the plan will be Available, we have retained another engineer more familiar with the Town of Barnstable's procedures in these matters. We will submit the ,,itrate/nitrogen monitoring plan on Tuesday the 21 st day of September, 1993. As indicated in our letter to ,your office dated the 13th of September, the fill-ill:k} 10, riot scheduled to open until October 1, 1993. Your receipt of the monitoring flan on Tuesday the 21st should allow adequate time for review. Thank you for your cooperation in this nlatt.er• Jonathan P. Davey b Ills Attorney, amcs F. Davey - J D/mg c • IIuilding inspector Town of Barnstable FROM JEFF NUMMELI'N �� to 1 JAMES F. DA VEY ATTORNEY AT LAW �!I 207 FRONT STREET, P.O. BOX 319 Sep 4 SCITUATE, MASSACHUSBTTS 02066 ,99 d Ift (617) 545-9770 a `� September 13, 1993 Joseph C, Snow, M.D. Bgard of Health Town of Barnstable Hyannis, Massachusetts 02601 RE: Jonathan P. Davey, 45 Plant Road, Hyannis, Massachusetts Dear Dr, Snow. I am writing in response to your correspondence dated August 10, 1993 granting permission to use certain spaces as health club at 45 Plant Road. We are requesting an extension of two (2) weeks to September 27, 1993, as to the requirement of paragraph ten (10) of your correspondence. The Club will not open until October 1, 1993 and the nitrate/nitrogen monitoring plan as required by paragraph ten (1) in your correspondence is now being prepared, I am providing you with two (2) copies of this letter and request that you sign of copy and return to me if this is acceptable. Thank you for your anticipated cooperation. ery truly ours, a . Davey En losure Mr. Jonathan P. Davey We hereby grant the extension requested. Dated Joseph C. Snow, M.D. ftv l- of C -CSP MEMORANDUM Information Systems copy machine is non-functioning By State mandate facsimilies have to be transferred to standard copy paper. Please be sure to copy this fax as soon as you get back to your office. Thank you, Nancy Pyy Information Systems Data Entry Clerk FROM JEFF NUMMELIN _ LCLW Offer" (Of clamcs 9. 1ZcVvr-y, . EEocxsys at ALW 207 eon t Ax"' 0. Box .519 r,SetEuatc, Aa4saaA""64 03066 (6171 s4s-9770 . FACSIMILE TRANSMISSION RECIPIENT FAX NUMBER: By ! d'Y1 RECIPIENT FIRM NAML : Ll� 7 - EXTENSION/ATTENTION: d'Y_YtS ct DATE SENT: 9 —/7- 9 3 TIME SENT: NUMBER OF PAGES INCLUDING THIS COVEZ SHEE2': ,3 We are transmitting from a PANASONIC KX-F3586 Facsimile machine. If you are having any problems receiving this transmission, please tail. Thank you. COMAS' mot.,7' `-�^�- �a t � �_ �.OPY r P •1 JAMES F. DAVEY Attorney at Law 207 Front Street, P.O. Box 319 Scituate, Massachusetts 02066 (617) 545-9770 June 17, 1993 Susan Rask Chairperson Hyannis Board of Health P.O. Box 534 Hyannis, MA 02601 RE: 45 Plant Road, Hyannis Mr. William Dillon to Landmark Realty Applicant - Jonathan P. Davey Dear Ms. Rask: Relative to the above property, Jonathan P. Davey, represented by this office, is the proposed lessee of the space formerly occupied by Willy's Gym. Jonathan P. Davey is considering leasing said space for the purpose of a Health Club and physical therapy clinic. We understand that the intended use might be in violation of Rule 330 of the Board of Health regulations. To this extent, we are herewith asking for a variance and/or a special permit to use the facility as proposed and bring such into compliance with the modification of such rule, if any, as established by agreement in the case of Feeley, Trustee of Plant Realty Trust, U.S. Board of Health, et al, Barnstable Superior Court, C.A. 87-999. Would you set this matter on your agenda for a formal or informal meeting at your next scheduled hearing. Iruly yours, F. Davey, uire FJD:rs cc: Jonathan P. avey From DORSEY&DORSEY Jul. 23. 1993 03:2E PM P01 �ames 1r. Atonicy s at —raw 207 9tont C&Lert cituaEc, d 4A1a44LurtE} 02o66 (617) 54S-9770 FACSIMILE TRANSMISSION RECIPIENT FAX NUMBER: _L RECIPIENT FIRM NAME:. EXTENSION/ATTENTION.-- DATE SENT: TIME SENT:7 NUMBER OF PAGES INCLUDING THIS COVER SHEET: We are transmitting from a PANASONIC KX"F3500 Facsimile machine. If you are having any problems receiving this transmission, please Call. Thank you. COMMENTS : JAMES F. DAVEY ATTORNEYAT LAW 207 FRONT STREET, P.O. BOX 319 SCITUATE, MASSACHUSETTS 02066 (617) 545-9770 September 22, 1993 R . '?J BYFACSIMILE l c�' ' (508) 775-33344 Mr. Thomas A. McKean Town of Barnstable SEP 2 3 Igg �l Health Department 367 Main Street +�t Hyannis, Massachusetts 02601 t RE: Omni Health Club and/or Jonathan P. Davey Dear Mr. McKean: Please,be advised that I represent the above-named, Jonathan P. Davey, individually and as proprietor of Omni Health Club, whose addresses and telephone numbers are as follows: Omni Health Club 70 Cape Drive, Unit 11'D Mashpee, Massachusetts 02649 (508) 790-1931 and Jonathan P. Davev 119 Kent Street Scituate, Massachusetts 02066 (617) 545-6456 This is to advise you that all future correspondence, document, etc. and/or telephone calls regarding either Omni Health Club and/or Jonathan P. Davey, should be directed to me at the address and telephone number listed above. Thank you for your anticipated cooperation in this matter. Very truly yours, mes.F. Davey.' a ey - cc: Mr. Jonathan P. Davey OF-620 +;;fi::+ + + -JOLIPHAL- t;.t;;+:::t;;};+;:;+::+..+;+;::t; LEA FE 09F'1-24/1993 + +:,t::+;.+ T HIE 1: 12 Ho. COM DOC IiURAT I Oh I ° ;IP I I?EHT I F I CAT ION DATE T I ME D I Ai�I•IOST I C: 15 OK 02 00:01, 10 `SIT T 916175454680 09/24 16: 11 8004402COBOO ° -Town OT Barnstable - 5j08 f"53344- -PA1 IA:=OI'I I(v- ;s t t- MEMORANDUM Information Systems copy machine is non-functioning By State mandate facsimilies have to be transferred to standard copy paper. Please be sure to copy this fax as soon as you get back to your. office. Thank you, Nancy Pyy Information Systems Data Entry Clerk l o XY) LD ,� LD LD LD F Corning Soon Q'm s�� t� natlj%e Cod Muscle and Cardio-Fitness Center Save 80% C�aty$13,95(mont 'eNOn (plus one a='69.00 joioiog fee) _grit restnCIOU apQly- Registcr to be ff ourth�u�r cn mbet 50 rsh p'. ers and save 80% - ...-; > :1Vttfifit�s % tt�lasrsle � er �y} i T 2 i 6 f-07/p o L4. E�27�NMF �V f±+.1 X L� 4 yT ,� ; y •�- ,ate,}, j;tea . ��re::Tunes Mire.�uig�meoC'i t►afl Ar3.;�Other Hcal�h Club OQ Ca}�Cod!! CALT .Nt��ti'1 Plait �2c►a.d. yan�Eais — 79o-1931 oftAirpi�rt Rn$d,befiis�u il�e rq-1stq or Motor V.6WIts) 0 i 0 e C0 IN G SOON OMNI Fitness Center Save. 60% Aerobic Program beginning ) October lst with the S - CAPE'S BEST INSTRUCTORS # Only$19.95/Month/Person(plus onetime$69.00 joining i(�) Some restrictions apply- Join now and take advantage of our Pre-Opening Specials ' Vt ae fVW e ' nt she o tie art;: t ; t ': . .. ...... .. ... :..:..::..:.::.:::: ei d.:::::::::::::.::.::;:;:;::::::;::<:.;::. > > :::::::::::::::.::::::::.:............................. CALL NOW! 45 Plant Road, Hyannis- 790-1931 (off Airport Road,behind the Registry of Motor Vehicles) y e late.son of communi- In ty b actors Paul and Lyla Lorusso — who also which donated the YMCA's Camp Lyndon in Sandwich in the cent memory of their son who died,i.n/the 1970s. The team has 20,000-square-foot addition to the hospital is three room for times the size of the old emergency room which was It was on built 17 years ago to handle 18,000 emergency patients adamant a year. The old emergency room was unable to keep said. pace with increased emergency room care, partly The sta caused by the Cape's burgeoning year-round population ma room and its summer influx of visitors which swelled small The ne towns to the size of small cities. The hospital's emer- for patient gency room cares for more patients than any other hos- equipment pital in the state. said. ThAnew,state-of-the art center is designed to accom- The arn modate more than 50,000 people a year more quickly acute care and efficiently. The new facility includes 13 examina- modating tiontiieatment rooms, eight holding areas, three trauma room for and resuscitation rooms, two OB/GYN rooms and two restock air orthopedic/cast rooms; and the staff now has access to . to their re four x-ray machines. Dr. Lin "Lyla and I are happy to bej here," Mr. Lorusso said. emergency "For if.you want to touch the lives of many people, , beg%Mor, what better way is there to do it?" I He oin Dr. Thomas Lincoln, medical diredtor of emergency one, 'easo medicine; said the staff was "ecstatic to be here. It's decline in without a doubt the finest emergency department in the Medicare r state. it more di The new emergency center, which was built onto the health car old emergency room, is situated to the left of the main Emergenc ospital entrance and has look of a big-city emergency for interns room. A roomy waiting area with an uplifting, contem- emergency porary color scheme of mauve, plum and teal, receives where indi non-ambulance arrivals and is staffed with a reception- "Where ist and a triage area where nurses determine which level f �l z3bs v I JAMES F. DA VEY ATTORNEY AT LAW 207 FRONT STREET, P.O. BOX 399 SCITUATE, MASSACHUSETTS 02066 (617) 545-9770 � > September 13, 19931 r: I Joseph C. Snow, M.D. Board of Health G Town of Barnstable Hyannis, Massachusetts 02601 RE: Jonathan P. Davey, 45 Plant Road, Hyannis, Massachusetts Dear Dr. Snow: I am writing in response to your correspondence dated August 10, 1993 granting permission to use certain spaces as health club at 45 Plant Road. We are requesting an extension of two (2) weeks to September 27, 1993, as to the requirement of paragraph ten (10) of your correspondence. The Club will not open until October 1, 1993 and the nitrate/nitrogen monitoring plan as required by paragraph ten (1) in your correspondence is now being prepared. I am providing you with two (2) copies of this letter and request that you sign of copy and return to me if this is acceptable. Thank you for your anticipated cooperation. ery truly y urs, a�F. Davey nclosure cc: Mr. Jonathan P. Davey We hereby grant the extension requested. Dated Joseph C. Snow, M.D. 3 � M Post-It'm brand fax transmittal memo 7671 #of pages P- TO From � Co. � Co. De t. hone# Fax# F :DAMES; F DA VEY ATTORNEY T LAW. 207 FRONT STREET; P.O. 84X 3- 9 , SC/TUATE, MASSACHUSETTS 02066 t 545-9770 September 13, 1993 Joseph C Snow, M:D: Boa rd,,of Health Town of Barnstable HYa;hnis Massachusetts 02501 RE ,Jonathan R:.'Davey, 45 Plant Road, Hyannis; Massachusetts: Dear Dr: Snow: .1 am writing.in.response``to your correspondence dated August 10, 1993 granting permission to use certain spaces:as.health club at 45 Plant Road: We are.requesting an extension'of:two(2) weeks to.September 2:7; 1993, as to the requirement of paragraph ten(,10);`of your correspondence: The Club will not open until Octobbe,1, 1993 and the nitrate/nitrogen monitoring plan as required by paragraph teri (1) in your.correspondence is now ti.eing.prepared; I,aim providing you with two (2),copies of�this letter,and°request that you sign of.copy and return to me if this is acceptable: ` Thank you for. your anticipated ggpPeratio*n,. �Yery truly,vpurs i amenF Davey nclosure cc: Mr. Jonathan P. Davey We:hereby grant the extension requested. Dated Joseph C, Snow, M:D_ P�atect huEnvffemmm 4y 0 6) t •e Save the Rain Forests v I/ yam' d 3 1 �� DAMES F.DAVEY USA29 207 Front Street I Scituate,MA 02066 �1 g ... JAMES F. DAVEY 207 Front Street Scituate,MA 02066 3 j h i i, I II t � � � ' ow i I , I � 1 1 a piTMElp`s The Town of Barnstable Health Department MSTAA t "M" ' 367 Main Street, Hyannis, MA 02601 3 y Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health TO: Barbara Sullivan Office Assistant FROM: Thomas A. McKean 0, Director of Public Health DATE: September 21, 1993 TIME: 1: 12 P.M. RE: Omni-Fitness Health Club/45 Plant Road Hyannis Proposed Nitrate-Nitrogen Monitoring Plan I received a copy of a proposed nitrate-nitrogen monitoring plan from James R. Borrebach, P.E. of Atlantic Design Engineers, Inc. dated September 21, 1993. Please make four (4) copies of this plan and send copies to each of the following individuals as expeditiously as possible: * Brian R. Grady, R.S. * Joseph C. Snow, M.D. * Susan G. Rask, R.S. * Gabriel Belfit - Cape Cod Commission, Route 6A Barnstable Village You may be able to FAX copies of this proposed plan to Susan Rask, Gabriel Belfit, and Brian Grady today. Please telephone these individuals at their job sites to see if this is possible. Thank you. cc: James Davey f piINC>O`4 The Town of Barnstable a Health Department "a'M"` ' 367 Main Street, Hyannis, MA 02601 riva 16�9 Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health TO: Barbara Sullivan Office Assistant FROM: Thomas A. McKeari Director of Public Health DATE: September 21, 1993 TIME: 1: 12 P.M. RE: Omni-Fitness Health Club/45 Plant Road Hyannis Proposed Nitrate-Nitrogen Monitoring Plan I received a copy of a proposed nitrate-nitrogen monitoring plan from James R. Borrebach, P.E. of Atlantic Design Engineers, Inc. dated September 21, 1993. Please make four (4) copies of this plan and send copies to each of the following individuals as expeditiously as possible: * Brian R. Grady, R.S. * Joseph C. Snow, M.D. * Susan G. Rask, R.S. * Gabriel Belfit - Cape Cod Commission, Route 6A Barnstable Village You may be able to FAX copies of this proposed plan to Susan Rask, Gabriel Belfit, and Brian Grady today. Please telephone these individuals at their job sites to see if this is possible. Thank you. cc: James Davey FAMCO PLUMBING AND HEATING 23 Picasso Place Osterville , MA. 02655 Oct . 13 , 1993 To Whom It May Concern, On Oct . 13 , 1993 , I surveyed the, property known Omni Fitness at 45 Plant Rd . Hyannis , MA. There is a Neptune 1" T-10 Water Meter on the premises . This meters water to', one Woman ' s room and one Men ' s room. thch consists of 3 showers , 2 lavatories , and _ 2 toilets . Gary FAmigliette d/b/a Famco Plumbing Lic . #10191 428-0499 4 ' A,(2���s : io�%�s� 8. s-o r�•�. O"" 14 1993 wool .� / FROM JEFF NUMMELIN r� k yr. James F. Davey Attorney at Lew P.O. Box 319 207 Front Street Scituate,Ma. 02066 617-345.9770 September 19, 1993 Thomas McKeon Agent, Board of Health 367 Main Street Hyannis, MA 02061 Re; 45 Plant Road, Hyannis Dear Mr. McICean. I received your letter on Saturday the 18th of September addressed to my office, such letter was dated the l 7th, postmarked the l6th, My conversation with you was on the afternoon of Sept. 17th. You inquired if I had received a letter from the board and I told you I had not, It appears that the board, or you, acted on the 151h or 16th, having in your possession oil the 14th my request for an extension, Fairness would have that on Tuesday the 14th, you would have called my office and advised us of the need for review time, then we could have reacted within within the given time frame and had a plan in your office by the afternoon of the 15th as we had approcimately 49 hours to comply, The request was in the nature of a procedural, not a substantive change. Requests of this type are routinely granted in administrative hearings in all other towns. I am sure that they are also so handled and responded to in the Town of Hyannis, The abscence of a response by fax or telephone on the 14th led us to believe that such a procedural request was perniissable, It appears that the common courtesy of fair dialogue was not followed in this pending matter. In fact, considering that my office was never noticed of the original decision, dated Aug loth, and the one addressed to Jonathan Davey was sent to a changed address, we did not recieve such until the Labor Day weekend. Rarely, if ever, do I give creedance or lend substance to rumor, but a competitor on the second week of September was reported as making statements to various individuals that lie would have the permits for 45,Plant Road revoked, 1 � FROM JEFF NUMMELIN I am not herein suggesting a deliberate cotlspiracy of silence or non-information, but it appears that other pressures or coercision are being exerted to affect the permit of August 101:h. In your conversation with me on the afternoon of Friday tiie 17th, ,you never indicated that you were the author of the Sept. 17th letter, 1'ou also failed to inform me specifically of the action taken. The expeditious notice to the Building Commissioner on Sept. Pill, when you were aware that the health club was not open and would not open until Oct.1, is most unusual, and raises serious questions as to what is transpiring in your office. You did on the 17th, indicate that some form of law suit had been filed, of which we had not yet received notice. You expressed lse decisionerable as madei1cern if so, such is wrong and (legal. bout such and I now wonder if such had any impact o t Also, as general information, certain matters appear to be happening, not of board involvement, such as acts to intimidate contract vendors, employed personnel and some very suspicious damage to one of our vehicles. These matters are now being explored and if substantiated will be brought to the attention of the District At.torney's Office. We are proceeding per our letter of September 17th, and submitting to your office on September 21 st the nitrogen/nitrate plan as required. I am informed by several engineers that traditionally such does not require site examination and that the review of the plan does not take any appreciable time. I may point out that the conditon set forth in paragraph 10, provides, if necessary, an enviromental consultant, which condition°protects the town. I do feel that the board should review the happenings set out above and move to nullify the intended revocation as set forth to the last paragraph of your Sept. 17th letter. 1 would ask for ,your immediate attention to this matter as the employment status of direct labor and contract personnel are involved. I would ask that you give immediate response to the above. The absence of such an answer may well fuel the intimidation activities we have outlined above and in view of the pending litigation, will result in extensive depositions as to who said what to whom and when. Very truly yours, J mes F. Davey FROM JEFF NUMMELIN ND/mg cc: Ruth Weil, ESQ, 367 Main Street Hyannis MA 02061 cc'. Joseph Daluz Building Conu»issioner Hyannis Town Hall Hyannis, MA 0206t MEMORANDUM Information Systems copy machine is non-functioning By State mandate facsimilies have to be transferred to standard copy paper. Please be sure to copy this fax as soon as you get back to your office. Thank you, Nancy Pyy Information Systems Data Entry Clerk FROM JEFF NUMMELIN —raw Of f'aca Of C e v'�tEocncys at 1'aw . 207 �}eonE rsEueE -Sca"akx, oMauaeg""tu OPoM (617J S4?-9770 FACSIMILE TRANSMISSION RECIPIENT FAX NUMBER: y RECIPIENT F I RM NAME -EXTENSION/ATTENTION: ,B p DATE SENT: TIME ;SENT.- , NUMBER OF PAGES INCLUDING TUIS COVER SHEET: We are transmitting from a PANASONIC KX-F3500 Facsimile machine. If you are having any problems receiving this ttansmission, please call. Thank you. CaMKENTS ; i lee r The Town f Barnstable 0 a ow o { Health Department ""ST„' tw. 367 Main Street, Hyannis, MA 02601 Ff63q. ` Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health September 17, 1993 James F. Davey Attorney At Law 207 Front Street P.O. Box 319 Scituate, MA 02066 Dear Mr. Davey: I am in receipt of a copy of the letter from you addressed to Joseph C. Snow, M.D. dated September 13, 1993 regarding your request for an extension of two weeks until September 27, 1993 to comply with condition #10 which requires your client to submit a nitrate-nitrogen monitoring plan. An extension until September 27, 1993 would not provide the Board of Health sufficient time to examine the proposed monitoring plan prior to the "Club's" opening date of October 1, 1993. Also, this request would require a decision of the entire Board of Health and the next scheduled Board meeting is not until October 14, 1993. Your client, Jonathan Davey, has not complied with condition #10 of the Board of Health permission letter dated August 10, 1993. The above referenced permission letter allowed your client, Jonathan Davey, to utilize space at 45 Plant Road Hyannis for the purpose of a health club and therapy clinic with conditions; one condition (#10) required Jonathan Davey to submit a nitrate-nitrogen monitoring plan prepared by an environmental consultant on or before September 15, 1993. The Board of Health has not received a nitrate-nitrogen monitoring plan from Mr. Jonathan Davey to date. Accordingly, the Town of Barnstable Building Commissioner will be notified by me on this date that the occupancy permit for the portion of the premises occupied by your client for the "Club" shall be revoked in accordance with condition #13 of the variance letter. PER ORDER OF THE BOARD OF HEALTH "a-wl'_dc"V� Thomas A. McKean, RS, CHO cc: Jonathan Davey Agent of the Board of Health Joseph Dazuz The Town of Barnstable Health Department 367 Main Street, Hyannis, MA 02601 rwa �011��Ir Office 508-790-6265 Thomas A. McKean FAX 508-175-3344 Director of Public Health TO: Joseph DaLuz Building Commissioner FROM: Thomas McKean /Yik : Agent of the Board of Health DATE: September 16, 1993 SUBJECT: Revocation of Occupancy Permit at the "Club" located at 45 Plant Road Hyannis Paragraph #13 of the Board of Health permission letter to Jonathan Davey dated August 10, 1993 states, "Failure to comply with the conditions contained in this permission letter shall result in the revocation of the occupancy permit for that portion of the premises occupied by the applicant. " (A copy of this permission letter is attached. ) The applicant did not comply with condition #10 of the above referenced Board of Health permission letter. Therefore the occupancy permit for the space occupied for the "Club" shall be revoked. Please revoke the occupancy permit for the space occupied by the "Club" located at 45 Plant Road on this date. p{IRE TO`� The Town of Barnstable Health Department ""PAn■Nl 367 Main Street, Hyannis, MA 02601 039. `F Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health TO: Ruth Weil Assistant Town Attorney FROM: Thomas A. McKean�n— Agent of the B.O.H. DATE: September 17, 1993 SUBJECT: Aceto, et al, etc. and Cape Cod Racquet vs Brian R. Grady, et al, Board of Health, et al File Reference No. 93-0216 Attached please find comments from Susan Rask received today at this Office regarding the above referenced Summons and Complaint against the Board of Health. r is .r .sue- . wL����'�- -5�� 1�ti�,_ �v��•t�-�� -�c...33��,_� ____ IU c. rrl - �u --- 5-f-V -Vt IM rep�44 r-ej/ 5 -�.����� (� = .�v�'s .d-�G;Sl vcn_.._w,tio ►'�Qi.L-�-r- �r..�i-f?-� _. ----- Z/L o� ff-VI e6 YID ��►� G(a 1.✓� • �2. br-( �(il f� .__ i� ... _ ____.��r'_�l_�_G��_'�_I�Pi�'----..------ o, —} w /= , 'I�- . VbO�' -r^�.I D_ rC�_ 1.► `� -- '�L `= THE The Town of Barnstable ro` Health Department 367 Main Street, Hyannis, MA 02601 raa t63q. `F Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health TO: Ruth Weil, Assistant Town Attorney FROM: Thomas McKean, Director of Public Health DATE: September 14, 1993 SUBJECT: Aceto, et al, etc. and Cape Cod Raquet vs Brian R. Grady, et at, Board of Health, et at File Reference No. 93-0216 Attached are my comments regarding paragraph numbers 11 and 14 of the Summons and Complaint against the Board of Health and others. i We mailed copies of the Summons and Complaint to each one of the Board members today so you may receive more comments from them. Thank you. subject to certain conditions . A true and accurate copy of that letter is attached hereto as Exhibit A. No-r �uE .� A � 11 . In determining to grant the variance, the Board did not a ���find that manifest injustice would result if the variance were �Oj -tw- not granted, nor could it have made such a finding on the facts 4k -Lv,I J presented to it . I 1-1V1 Q"^ ;(10n • 12 . The plaintiffs, and their patrons, use the. water from V- , 4eA-Qed tie will loose the zone protected by the Interim Regulation for drinking and ke--v+ sanitary purposes . Count I 13 . Plaintiffs repeat and reallege each and every allegation set forth above as though fully set forth herein. Now 14 . The Board' s decision was arbitrary, capricious, in -r��--� =-. excess of its authority, an abuse of its discretion and contrary die 1Bo�+ra L.,s AQ aA r t0 law. 15 . Plaintiffs are aggrieved by the decision of the Board. Q�Qc's'O^ was b4JCeA Count II 001- ;- 44 ,56-e. 16 . Plaintiffs repeat and reallege each and every_ Cry-ioY Ma-�i0'1-. - allegation set forth above as though fully set forth herein. 17 . In granting the variance, the Board committed errors of i ' law that, if allowed to stand, will result in manifest injustice to plaintiffs . I 18 . Plaintiffs have no available remedy other than by way of writ of certiorari. l 3 )q3 / OFFICE OF TOWN ATTORNEY TOWN OF BARNSTABLE INTER-OFFICE MEMO - DATE: Se tember 3` 1993 P • TO:, TOM McREAN, Director, Public Health FROM: RUTH J. Weil, Asst. Town Attorney [ ] r r, RE: Aceto, et al, etc. and Cape Cod Racque vs Joseph C. Snow, et al, Board of Health; et al FILE REF. NO. : 93-0216 ------------------------------------------------------------ Attached please find copy of a Summons and Complaint as against, among others, the Board of Health. My question is this: Have the members of the Board been served pers(o�nally Lw/ith s id gj ci i.eJ ZC41 cV/ecQ sk}- `6 1- c7� k pleadings?NJ r� C { P c� •Z MCctec� 40 Would you please take a few minutes to jot down in a paragraph by paragraph manner the admissions or denials therein which apply to the Board of Health, and if it is more convenient for you, rather than do up a separate document, please write your answers and/or comments in the margin of that particular paragraph or flip-side of the docuirt we have $tibm�tted fog Y&Y r, , n review. IH/� ,/ —19 Thank you in advance for your earliest reply. Me- RJW:cg Atchmt. [E:\93-0216\TOM—MEMO) ri orn-, lb �G�V_cv- - — -�^c-3�U Q Lt 54 ss_ty" 4o CA- -tLA X 1 ��Gl - ,, ... ^ .r }, F- , �` p � i M1 �' �d J t .. , r 1 .., . .: . � � j F L � t :.A i .. �f 5 � 7� - 4 .., �. � � / - X . 1.. yil Z' � � . T�� • • � h S F . � , t 1 ;. + r { "'"� -! .. y -, j_ ti r FOR DATE TIME - M, O F• .I � - PHCINECI PHONE AREWCOOE NUMBER EXTENSION �>MESSAGE- RM; (CZCI S SIGNED TORS FORM 4002 i !ems viA 'TeA I Cfl - uj f- ' i The Town of Barnstable Health Department r ua N 367 Main Street, Hyannis, MA 02601 ,631 Office 508-790-6265 Thomas A. McKean FAX 508-175-3344 Director of Public Health TO: Joseph DaLuz Building Commissioner FROM: Thomas McKeanQ.►911� �� Agent of the Board of Health DATE: September 16, 1993 SUBJECT: Revocation of Occupancy Permit at the "Club" located at 45 Plant Road Hyannis Paragraph #13 of the Board of Health permission letter to Jonathan Davey dated August 10, 1993 states, "Failure to comply with the conditions contained in this permission letter shall result in the revocation of the occupancy permit for that portion of the premises occupied by the applicant. " (A copy of this permission letter is attached. ) The applicant did not comply with condition #10 of the above referenced Board of Health permission letter. Therefore the occupancy permit for the space occupied for the "Club" shall be revoked. Please revoke the occupancy permit for the space occupied by the "Club" located at 45 Plant Road on this date. f TOWN OF BARNSTABLE t0� �WPyf� OFFICE OF I NAMSTAn 3 BOARD OF HEALTH °o t639'" �� 367 MAIN STREET 0 MAY►• HYANNIS, MASS.02601 August 10, 1993 Jonathan P. Davey 211 Belgrade Avenue Suite 135 Roslindale, MA 02131 Dear Mr. Davey: You are granted permission to utilize space at 45 Plant Road, Hyannis for the purpose of a health club and a physical therapy clinic, in lieu of the Agreement for Judgment dated January 5, 1988, with the following conditions: ( 1) No more than 600 gallons of wastewater shall be discharged per day from the subject space. The amount of wastewater shall be determined by water meter readings. (2) A separate water meter shall be installed for the subject space in order to determine the water usage each day from the subject space alone. (3) Each month, the applicant shall provide the Board of Health with water meter readings in both cubic feet and gallons for the subject space, for the calendar month immediately preceding the month in which said report is due. Said readings shall be provided to the Board of Health by the fifteenth day of the succeeding month. (For example, the applicant shall provide the Board of Health water meter readings in both cubic feet and gallons for water use during September 1993, no later than October 15, 1993. ) (4) The applicant shall agree that the Health Department Director of Public Health or his due designate, may appear at this subject space, without prior notice, to observe the water meter for the purpose of determining that the water meter readings match-up with future submitted readings. (5) The applicant shall determine the water usage (in gallons) on a daily basis also. If the applicant determines that the water usage has reached or exceeded 18,000 gallons (or 18,600 gallons during a 31-day month) prior to the end of the calendar month, the applicant shall notify the Town l+ of Barnstable Director of Public Health and take all necessary steps to curtail the number of participants in-:the health club and/or physical therapy clinic including, but not limited to, cancelling classes or limiting the number of daily entrants. (6) In the event that the Board of Health determines that the water use in the preceding month has exceeded 18,000 gallons, (or 18,600 gallons during a 31-day period) shall immediately take the following steps: (a) limit the number of daily entrants into the subject space, (b) cancel classes at the health Club, (c) provide the Health Department Director with daily readings of the water meter; and (d) limit- the hours the facility is to remain open. (7) In the event that the Board of Health determines that the water use in the preceding month has exceeded 18,000 gallons, ( 18,600 during a 31-day month period) and after the applicant had followed through with those steps as outlined in paragraph "6" above, the Board of Health may require the applicant to attend a hearing to consider further steps to limit the wastewater discharge. (8) In the event that the Board of Health determines that the monthly water usage has exceeded 18,000 gallons (or 18,600 gallon during a 31-day month) during two consecutive months or in any three calendar months within any six-month period, the Board of Health may require the applicant to attend a hearing to consider further steps to limit wastewater discharge including, but not limited to, closing the health club and physical therapy facility and limiting the number of hours that the facility is opened on a daily basis. (9) No building shall be constructed upon the adjacent vacant lot (known as lots 11 and 12 Plant Road, Hyannis, Massachusetts) until after such time Town sewer is available. The construction of a parking lot shall not be considered a building within the meaning of this paragraph. ( 10) The applicant shall submit a nitrate-nitrogen monitoring plan subject to the approval of the Board of Health which will require quarterly testing unless the nitrate-nitrogen levels exceed five (5) milligrams per liter, in which case more frequent testing may be required. As part of said plan, the Board of Health may require additional monitoring wells in accordance with an evaluation to be performed by a mutually agreeable environmental i consultant to be hired at the applicant's expense. Said plan is due on or before September 15, 1993. ( 11) In the event that the nitrate/nitrogen levels exceed ten ( 10) milligrams per liter, the Board of Health shall require the applicant to attend a hearing to consider steps to reduce the nitrate/nitrogen levels, including, but not limited to, closing the health club/physical therapy facility limiting the hours the facility is opened, and requiring the applicant to devote additional square footage at the subject premises to unoccupied space. ( 12) The septic system shall be pumped on an annual basis and the applicant shall submit written certification of said pumping to the Board of Health. ( 13) Failure to comply with the conditions contained in this permission letter shall result in the revocation of the occupancy permit for that portion of the premises occupied by the applicant. Sincerely yours, Jeph C. Snow, M.D. rd of Health Town of Barnstable JCS/bcs r ---------------------------------------------------------------------------------------------------------- r .. 08/04/93 14:09 a 6179238817 LANDMARK 01 ""rT,V r, A/ MJP PealtY Trust 1.45 Harrin8ton Qoad Waltham, MA 02154 r August 3, 1993 Barnstable Board of Health P.O. Box 534 Hyannis, MA 02601 RE: 45 Plant Road Hyannis, MA Subject: Application of Jonathan P, Davey to operate a health club w/up to 200 members on above property. Hearing/August 5, 1993 at or about 7:30 P.M. Dear Board Members: This is further to the points brought out in the July 16, 1993 letter from Landmark Real Estate on the above subject. Based on data reported by the Barnstable Board of Health laboratory reports (identified as Bottle No's. 124502, 124503 & 124501) taken on 7/13/93 from 3 different well locations at 45 Plant Road, Hyannis, MA (copies attached), the average total concentration of nitrate-nitrogen is 2.15 mg/liter. This reading is will below the 5 mgAiter maximum level set forth as a restriction in the Barnstable Board of Health "Interim Regulation for the Protection of Groundwater Quality Within Zones of Contribution to Public Supply Wells " which became effective on 2/21/85. In view of these safe levels of nitrate-nitrogen we would hope that the Board will see fit to grant Mr. Jonathan P. Davey his permit to operate a moderate-sized health club on my property. sincerely, M3P Realty Trust Mangal J. Patel, Trustee f I • T LANDMARK REAL STATE COMMERCIAL&INDUSTRIAL BROKERAGE 160 BELMONT STREET, WATERTOWN, MASSACHUSETTS 02172 TEL: (617) 9234461 FAX: (617)`'923-8817 July 9, 1993 Jack Davey 211 Belgrade Avenue Suite 135 Roslindale, MA 02131 RE: Water use history at the AIRPORT BUSINESS CENTER 45 Plant Road, Hyannis, MA Dear Jack, Attached are two summaries for water usage over the past fourteen months provided by the Barnstable Water Company. They measure in units of 100 cubic feet. For instance, in unit #120, the year to date water consumption is listed as "167". This equates to 167 X 100 = 16,700 cubic feet of water. To convert to gallons multiply X 7.48 = 124,916 gallons used in the first six months. The second building showed consumption of 2700 cubic feet X 7.48 = 20,196 gallons for six months. The water usage for the entire building is the sum of the two or 145,112 gallons. I spoke with Tom McKeon of the Board of Health and he is not going to be helpful. He doesn't care that the capacity of the septic system is 3,000 gallons per day or 545,000 gallons for the six month period above. His concern is the 330 regulation which focuses on the amount of nitrate / nitrogens released into the groundwater. To appease him I will have water samples taken from the on site monitoring wells and have them tested by the County Health Department. A low reading here will help our case . . . but if the Board wants to be a stickler on the 330 rule, the only way to overcome this roadblock will be to get the Associate Town Counsel Ruth Weil to inform the board that it is in the town's best interest for the Board of Health to allow your use of the space pursuant to the agreement made with Neil Feeley (translation . . . . maybe we should let the town know that the MJPB Realty Trust will retain your father to sue the town for lost rent etc. if they scuttle this deal J: Please call me if you have any questions or if there is anything else I can do to help. The Board of Health needs any paperwork/submissions by July 21, 1993, for that information to be included in the August 5, 1993 hearing. Sincerely, William P. Dillon i WASTEWATER DISCHARGE EVALUATION t FOR AIRPORT PLACE, HYANNIS, MASS. F i Prepared for: Plant Realty Trust 45 Plant Road, Hyannis, MA 02601 Prepared by: Joseph M. Forns, Applied Marine Ecology Lab 25 Greengate Road Falmouth, MA' 02540 ir October 5, 1987 F f , c BACKGROUND: Mr. Neil Feeley, Trustee for Plarit Realty Trust in January 1986, received a variance from the Barnstable Health DeparLmeriL to convert the Capeskate roller rink and increase the building (on 1. 5 acres) to a total of 42, 000 square feet:. Since the property located on Plant Road lies within the Zone of Contribution, the Interim 330 regulation was apE)lied by Lhe: Health Department. This variance was based can the projection oi- wastewater source reduction from 3, 110 GPD approved design to approximately 2, 415 GPD for the proposed site redevelopment- . The attached report identifies the calculations and measurements used for this projection. The site development has been completed and concern has arisen with regard to one of the prospective occupants. It is proposed that Willy' s Gym occupy 12, 1180 square feet of the original skating rink building. Since fitness centers were specifically excluded (as an example of high volume water users) in Condition 3 of the Health Department variance, an evaluation was conducted to determine the quantitative and qualitative aspects of the present and projected site water utilization. WATER UTILIZATION EVALUATION: At the present time, the renovation of the original Capeskate building is near completion and the new building addition is completed. Within these structures 10, 160 ft2 are now occupied. The use and type of occupancy for this area is given in Table 1. r . Table 1. Present space utilization at Airport Place. Use Type Area Flow/ar•ea Rst:. Flew (GPO) Office Law offices 2, 800 7. 5/100 ft:L 210 Office Billing service 2, 800 7. 5/100 ftz 210 Office Provident Oil 2, 160 7. 5/100 ftz 162 Storage Century Bank 2, 400 5/100 Ftz 120 Total : 10, 160 702 Water consumption records (based on meter readings) For the past eight months have been tabulated in Table 2 and indicate the actual water use for the presently occupied space is significantly below the projection presented in Table 1. Actual water use is about 25% of the projected calculation. Table 2. Monthly water consumption in gallons per day. :'Month Cubic feet/day Gallons/day Jan- March 18 .135 April 29 218 May 24 180 , June 23 173 - July 35 263 August 27 203 Eight month average: 180 In order to compare the possible impact of Willy' s Gym on the present system, a conservative estimation was made using the past six months water consumption records From the Falmouth Sports Center. This facility was considered to represent the r highest water use as it provides weight training, rackethal1, tens; and exercise programs, as well as shower, steam and sauna facilities. Willy ' s Gym proposes only to provide limited showers and includes weight training, youth gymnastics, karate and. exercise/health fitness programs. The Falmouth facility ., occupies approximately 75, 000 sq. ft. and consumed an average .. of 1, 738 GPD over the last six months. S'tastically normalized comparison of these figures with the proposed 12, 480 sq. ft. for Willy' s Gym, indicate that Willy ' s estimated daily water consumption should be about 28 GPD. oyt shut �"� a aY I G P p,Y (L Comparison of the projected data from item 2 in the GIF-INY January, 1986 report with the empirically calculated water }� consumption by Willy' s (12, 480 ft' ) indicate Willy ' s activities reflect a 46% reduction in water consumption for the same space. Data recently supplied for water consumptioin at Willy ' s Gyn in Orleans indicates that for 10, 640 sq. ft. , the average daily water consumption is about 5.1 GPD. This actual water usage is considerably less than the calculations based on the Falmouth Sports Center data. Using a 200% factor for the Orleans data, the projected water consumption would be about 120 GPD for the Hyannis facility. I / �-q e-) lk !S C o✓+.0 L� Imv�ly G.�'Sher s�o-ytc C�v� CONCLUSIONS: It is estimated that the inclusion of Willy ' s Gym into the total site development for Airport Place will not significantly alter the initial site projections for water consumption identified in the variance request. Actual records to date and empirical calculations for projected occupancy by Willy' s Gym indicate the property will continue to demonstrate significant source reduction. Qualitatively, measurements of groundwater at the site: indicate nitrate levels to be less than 0. 4 mg1l . The attached water tests were taken from a monitoring well at the south emd of the property. The continued occupancy of the site appears to demonstrate that water consumption computations developed for the variance request were indeed conservative and actual records t:husfar indicate substantially less water consumption. WaLer quality is r-- far below the 5 mg/1 threshold for nitrates ind.irated in the 330 guidelines. Because of the proposed shower use at Willy ' s, it is unlikely that nitrates will increase. Eurohath soap is used in the gym and this is not considered to produce measurable nitrates in groundwater. t i N • 9 , 9- �91� ti L•32�8 R°s2.5o' E ROAD (PRIVATE 40� S. 75° 34' 23' E 200: z00' � o _ 3 Slreel Line f romPo9e 19 Plon Book 394 I I 1 cc Q W , ' : _; I L''T I i LOT... A o Ito 1 cn O Q Z • N I I I � z I I EXISTING BUILDING I _o t I � C i 358.75' • .. ---J9 8.65' N 70° 40' 58° W N 71° 07' 37" W I TOWN OF BARNSTABLE PLAN OF LAND PREPARED FOR NEIL FEELEY 40 20 0 40 80 120 IN HYANNIS BARNSTABLE MASS. 1,16.3 SCALE IN FEET SCALE: 1 — 40' DATE: MARCH 77 1986 holmes and mcgrath, inc . L�.''. civil engineers ano lana surveyors N 200 main street t falmoutn, ma. 02540 •�. '•` L)RAVill: RC'! CHECKEL.✓�q$h. _ . ENVIROTECH LABORATORIES 449 Rte. 130 • Sandwich. Mn tlf'.:,:; • (r,17) titit;•c,1GO CLIENT: Airport PlaZa "- ADDRESS:' 1 t d LE -Hyannis.NA 026z0.1 COLLECTED BY: SAMPI.I: DATE ._��/.�'�/�3.7._— TINIL: --- --. DATI: 9/.22/8.7__, -SAM I-(: JOB New Well — ----- lV!:I.I. UI:('I'l is '? C t: RESULTS OF ANALYSIS: S` Parameter lluil> !tii .:nu;i.:nul d iin�it R: 5u!l Coliform bacteria/100 nil (M(= Methcxl) i pH _... _.......... pH units (:.l)•R.�i Conductance umhos/cm 500 c_ Sodium q/L 20.0 15. 2 Nitrate-N __...- ---- _ mg/L. 10.0 37 ----- Iron _..........._..__ _ c — Manganese 0.05 _..------- Hardness ------ —.—.. . -- c me /[. fls C'rIC.'O 500r ------- - - — Sulfate 950 Potassium - Ingi I. 20.0 Alkalinity _.._......-_. . _ ...-.._..... ._.. . Chloride050 In -- - COMMENT: YES NO XU O WATER IS SUITABLE FOR DRINKING I'(IRI'O,;(:;: f(:( i= 'i�llllltell!Illllll!llititll!!!lllla't11t1!!ll�:ii!i......:!si�!lillt��.''':... ' ,� , iE......... i..........!isiii.................................................................................... .. • ... . . .•.4...' .'. .,.... .. ..ram. .._ .. ... From DORSEY&DORSEY Ju 1.23. 1993 03:28 PM P01 r JAMES F DAVEY Attorney at Law 207 Front Street Scituate, MA 02066 545-9770 July 23, 1993 Barnstable Board of Health P.O. Box 534 Hyannis, MA 02601 Fax#: 508-775-3344 RE: Jonathan P. Davey, Applicant 45 Plant Road Hyannis, MA Hearing/Augut 5, 1993 at or about 7:30 p.m. Dear board members: In reference to the above application and prior discussions we agree that the variances granted in the Neil Feeley Case (Superior Court-Barnstable Docket #87-999) is annulity by virtue of the fact that it has not been used since Willy's Gym moved from the premises. We do feel, however, that the position is set forth in a letter dated July 16, 1993 of Land- Mark Real Estate, is accurate and worthy of consideration. The owner, in the interest of compromise, as was the fact in the Feeley case, agrees not to build on the two vacant lots in exchange for a favorable decision as was granted in the Feeley case. As to the existing structure and its usage, there is no request or application before the board for a new septic system permit or a permit for renovation or alteration of the existing waste system structure. The system is more than adequate for an existing structure of a health club as proposed by Jonathan Davey. This facility will be distinguished from a gym which essentially involves group participation and spectators. The health club as proposed by Jonathan Davey does not in any sense involve spectators. It has an extremely limited amount of employees. The health club as proposed by Jonathan Davey would be more than one-half the size and probably a lot less than the facility that was proposed by Willy's Gym. Using the standards and guidelines as set out in the Feeley Case, the septic waste system is more than adequate to support a club of 200 members. r LANDMARK REALESTATE COMMERCIAL&INDUSTRIAL BROKERAGE 160 BELMONT STREET, WATERTOWN, MASSACHUSETT S 02172 TEL: (617) 923-4461 " FAX: (617) 923-8817 July 16, 1993 Barnstable Board of Health P.O. Box 534 Hyannis, MA 02601 RE: Jonathan P. Davey, Applicant, August 5, 1993 Hearing Water use history at the AIRPORT BUSINESS CENTER 45 Plant Road, Hyannis, MA Dear Board Members, Attached are two summaries for water usage over the past fourteen months provided by the Barnstable Water Company. They measure in units of 100 cubic feet. For instance, in unit #120, the year to date water consumption is listed as "167". This equates to 167 X 100 = 16,700 cubic feet of water. To convert to gallons multiply by 7.48 = 124,916 gallons used in the first six months. The second building showed consumption of 2700 cubic feet X 7.48 = 20,196 gallons for six months. The water usage for the entire building is the sum of the two or 145,112 gallons. The capacity of the existing septic system is in excess of 3,000 gallons per day or 545,000 gallons for the six month period above. This means that the septic system is operating at only 26% of its capacity. I spoke with Tom McKeon and he told me that one of his primary concerns is the 330 regulation which focuses on the amount of nitrate / nitrogens released into the groundwater. The most recent records available indicate that the site does not have excessive nitrate/nitrogen and that it is well within the limits considered safe. The total land area for the above site is 2.026 acres. Somehow someone has overlooked the existence of a second lot of land which is .46 acres. The MJPB Realty Vust will agree in writing not to develop this site unless the sewer is installed, etc. You should also be aware that Davey's proposed health club will be almost 50% smaller than the former Willy's Gym. We are trying to be good, responsible neighbors. We would like to reach an agreement with the Town that works for both sides. We hope you will review the new evidence that we have presented. We think the facts indicate that the proposed use does not constitute a potential health threat to the environment or the citizens of Barnstable. Sincerely, William P. Dillon C rj j--jTSTCqy AC C(--,UNT L ("LlE.TOME7- NAME m i p 8 REAI-TY I RLL91' SERVICE LOCATION 14.=- PL-ANT ROAD UNIT 0, DATES READINGS USAGE PERIOD (MMDDYY l.F) (CCF) C Ci F1-43'T 07 01 93 11 6'S A` 25 AI-LOWAWICE i�AI-ANCE cE r'-i)ND 05 23 93114C -A 21 AVERAGE WATER USE (10 THIRD 04 29 93 1119- A 21 E FEAR TO. DqTE WATER USE i 6% FOURTH 03 30 93 1092 A 02 24 93 1075 A 28 pq C?� 1047 A 49 L 'A' USE SIXTH SEVENTH I 2 2Q 92 99(C"'i A S9 OERIOD B USE E116FITH 11 30 92 939 A 6 4 1.0 30 52 07 5 A 54 YTD USAGE CREDIT00 NINTH TENTH 0 C? 30 92 821 A 59 -7 62 A 36 ELEVENTH 2'c 3 92 TWELFTH 07 31 i 2 1,26 A 43 THI RTEENTH 07, 01 92 683 A si FOUP-rEENTH 3s 29 921 63 42 A ENTER = FIRST SCREEN PFKEY 14 = PRII',AT SCREEN r r r c C CUSTDIER CONSUMPTICN HISTORY Ac:(::c..,jr41r NUMBER 294 904 OJETOKEP NPMl--:.' m J p B, REALTY READING SERVICE LOCATION 45 PLANT ROAD DATES READINGS USAGE PERIOD (mmoDyy) QCF) (CCF) ALLOWANCE BALANCE FIRST 07 01 92 2SK A 7 SECOND 05 08 93 2537 A 3 AVERAGE WATER USE s THIRD 04 29 92 2SD4 A 4 YEAR TC PATE WATER USE 27 FOURTH ?o 93 2soo A 4 FIFTH 02 24 93 2496 A PEPIOD ' A' USE SIXTH 01 29 93 2492 A PERIOC ' B ' USE SEVENTH 12 q9 92 2497 A -5 El:G[ITH 11 30 92 2a82 A 5 YTD LJSP43E- CREDIT 00 -NI NT`H 10 30 92 2477 A s al TENTH 09 30 92 2472 A 6 i�l ELF-VENTH oc 28 92 2466 A 4 L.-J TWEL;7TH -0-7 -7,'1 92 2462 A 5 T i-4 IF T EE�Tl T H v-7 01 92 24S7 A 5 FOURTEENTH OS 29 92 2Q52 A ENTER = FIRST SCPEEN PFKEY 14 = PRINT SCREEN trl m E -T) M .:� From DORSEY&DORSEY Ju1. 23. 1993 03:26 PH P01 t s .L'aw O f lccs Of �amesr bavety., 6sq. Atot"Y;L nt -taw 207 9tont c5Ettet Box g/9 cscituatc, AcuiarAu"f4 02066 f617) 443-9770 FACSIMILE TRANSMISSION RECIPIENT FAX NUMBER: . RECIPIENT FIRM NAME: - EXTENSION/ATTENTION: DATE SENT: 4� 3 TIME SENT: 5 NUMBER OF PAGES INCLUDING THIS COVER SHEET: We are transmitting from a PANASONIC KX�-F3500 Facsimile machine. If you are having any problems receiving this transmission, please Gall. Thank you. COMMENTS : OF-620 —.JOURNAL— DATE 09/21 i 19y? ' : :..+ TIME 16: 11 NO. C:OM DOC DURATION `/R I DENT I F I(--AT I ON DATE T I ME DIAGNOSTIC 21 OK 05 00:02'45 XMT T 9 362-3 1,='F, 09/21 16:03 840440AC:2800 —Town of Ba.r-r,st.-able — —PAN ASOhJ I C— 508 l` 5 l344— f � S TOC CO. " 'f'8D-626s Fax 0 (508)775-3344 i >o, The Town of Barnstable t I Health Department "'am& �D 367 Main Street, Hyannis, MA 02601 %630• p ■ kl' Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health TO: Barbara Sullivan Office Assistant FROM: Thomas A. McKean► Director of Public Health DATE: September 21, 1993 TIME: 1: 12 P.M. RE: Omni-Fitness Health Club/45 Plant Road Hyannis Proposed Nitrate-Nitrogen Monitoring Plan I received a copy of a proposed nitrate-nitrogen monitoring plan from James R. Borrebach, P.E. of Atlantic Design Engineers, Inc. dated September 21, 1993. Please make four (4) copies of this plan and send copies to each of the following individuals as expeditiously as possible: * Brian R. Grady, R.S. * Joseph C. Snow, M.D. * Susan G. Rask, R.S. * Gabriel Belfit - Cape Cod Commission, Route 6A Barnstable Village You may be able to FAX copies of this proposed plan to Susan Rask, Gabriel Belfit, and Brian Grady today. Please telephone these individuals at their job sites to see if this is possible. Thank you. cc: James Davey zitiantic � •T DESIGN ENGINEERS, INC. ENGINEERS & ENVIRONMENTAL SCIENTISTS September 21, 1993 Mr. Jonathan P. Davey D* a Omni Fitness 45 Plant Road SeHyannis, MA 02601 Re : Nitrate Nitrogen Monitoring Plan Dear Mr. Davey: Atlantic Design Engineers, Inc. is pleased to submit this proposed Nitrate-Nitrogen monitoring plan for the Omni Fitness facility located at 45 Plant Road in Hyannis, Massachusetts . This plan has been prepared per our recent discussions . INTRODUCTION The Omni Fitness health club facility is located at 45 Plant Road in Hyannis, Massachusetts . The facility is currently under construction (interior renovations only) and is scheduled to open for business in October of 1993 . The Omni Fitness health club facility received permission from the Barnstable Board of Health to utilize space at 45 Plant Road for a health club and physical therapy clinic in lieu of the Agreement for Judgement dated January, 5, 1988 . The Board of Health granted permission on August 10, 1993 subject to several conditions . One of the conditions (#10) was that the applicant prepare a Nitrate-Nitrogen monitoring plan. The Nitrate-Nitrogen monitoring plan is intended to regularly and periodically evaluate the groundwater conditions under the subject site via testing nitrate - nitrogen concentrations in the groundwater. The data obtained will be used. to determine if any groundwater impacts have occurred due to use of the health club and physical therapy clinic. NITRATE - NITROGEN MONITORING PLAN Three (3) groundwater monitoring wells are currently located on the subject property. These wells will be used initially to collect groundwater samples for analysis . Faunce Corner Office Park 221 E. Main St. + Suite 205 P.O. Box 1051 86 Faunce Corner Rd. - Suite 410 Milford, MA 01757 Sandwich, MA 02563 N. Dartmouth, MA 02747 (508) 478-2206 - FAX 478-0327 (508) 888-9282 - FAX 888-5859 (508) 997-5422 - FAX 999.4060 zitluntic° Mr. Jonathan P. Davey September 21, 1993 Page Two The groundwater monitoring wells will be sampled on a quarterly basis commencing in October, 1993 . Sampling will typically be conducted during the first week of the months of January, April, July and October. Sampling in October, 1993 will result in two rounds of analyses (July and October, 1993) prior to full occupancy of the health center. The data will provide background nitrate-nitrogen levels prior to occupancy of the health center and allow valid comparisons and analysis of the post occupancy nitrate-nitrogen levels . Immediately prior to well sampling, groundwater elevations will be determined using an electronic water level meter. The water level data will be used to determine groundwater contours and specific groundwater flow direction. The water level data will be used to evaluate the location of the wells relative to groundwater flow direction and the existing septic system. The intent will be to have at least one well upgradient of the septic system, one well in close proximity to the septic system and at least I one well downgradient of the septic system. Wells located in these positions will provide the best information relative to correlating the specific impacts of the Omni Fitness center on nitrate-nitrogen concentrations in the groundwater underlying the site. The locations of the existing wells are to be evaluated after the third quarterly- sampling round has been completed. The evaluation is to involve the adequacy of the wells to provide the desired coverage around the septic system relative to groundwater flow direction. The evaluation is to occur only after three sampling rounds in order to assess the potential impacts of normal seasonal variation in the water table on the desirability of the existing well locations. Additional monitoring wells may be required after completion of this evaluation. The groundwater monitoring wells on the subject property will be sampled per standard EPA protocols . The wells will be purged of a volume a minimum of three times the standing volume in the well in order to assure that a representative groundwater sample is obtained. The groundwater sample from each well will be placed in a separate precleaned sample jar, labelled and logged via a Chain of Custody. The sample jars will be placed in a cooler for delivery to a Massachusetts Certified analytical laboratory. The groundwater samples will be analyzed for Nitrate-Nitrogen content with concentrations to be reported in parts per million. A quarterly monitoring report will be prepared and submitted to the Barnstable Board of Health. The report shall be submitted on AkAtic Y Mr. Jonathan P. Davey September 21, 1993 Page Three the third week following the sampling period.. For example, reports will be submitted on or about January 28, April 28, July 28 and October 28 . The report shall include original laboratory results and the results of the water level. measurements . The report shall also include an evaluation of the analytical results relative to the 5 ppm and 10 ppm action levels as discussed in the Board of Health approval letter dated August 10, 1993 and shall be signed by a Massachusetts Registered Professional Engineer. The nitrate-nitrogen monitoring shall continue at quarterly intervals for a period of not less that one year after occupancy of the health center. More frequent monitoring may be warranted if elevated levels of nitrate-nitrogen are encountered. If the quarterly analyses show no substantial change in background nitrate-nitrogen levels, semiannual monitoring shall occur. If during semiannual monitoring, the nitrate-nitrogen levels increase beyond the 5 ppm or 10 ppm action levels, quarterly or more frequent monitoring will be required. Further, the nitrate - nitrogen monitoring shall be discontinued if the health center is tied into the municipal sewer system. Any modification in the monitoring 'periods shall only be done with the approval of the Barnstable Board of Health. SUMMARY This nitrate - nitrogen monitoring plan is intended to satisfy the requirements of the Board of Health approval letter dated August 10, 1993 regarding the proposed Omni Fitness health center at 45 Plant Road in Hyannis, Massachusetts . If you have any questions or comments regarding this matter, please do not hesitate to contact us. Very truly yours, ATLANTIC DESIGN ENGINEERS, INC. C r3 es P r jec R. Borrebach, P.E. ,r CHMM t Manager OF-620 -JOURP^JAL- :::+ :::k:+ +: t::::+: ;+ DATE 09 ,21/199 3 TIME 16:31 NO. COM DOC DURATION X!R IDEHTIFICATION DATE TIME DIAGNOSTIC 23 407 02 00:02' 11 XMT T 9183608891 09./_21 16:29 840440AC0800 -Town of Barnstable - -FAI dASUhJ I C ..r..: :+ +:;+„+ +. .+:::;�:r: w ::+ v 0:3 7 r�.;344 I OF-620 -.JOURNAL- DATE 09/21/1993 T I IIE 16:35 NO. COM DOC DURAT I ON X/R I DENT I F I T I ON DATE T I ME DIAGNOSTIC 24 OK 04 00:0112 1 59 ;MT T 91e808891 09/21 16:732 - e40440AC0800 -Town of Barnstable -PAHASO[--1 I C- 5087753--,144- 7 FAX4 YRAta&'►,�9'TAI. # /} To: tmc /0 _ CO. Btmeb�Huth Dept. ' ��'4 M F7 79"285 F o �� Fax (508)775-3344 ` 1 0{THE. The Town of Barnstable Health Department t "n""AM ' 367 Main Street, Hyannis, MA 02601 riu• Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health TO: Barbara Sullivan . Office Assistant FROM: Thomas A. McKean�M Director of Public Health DATE: September 21, 1993 TIME: 1: 12 P.M. RE: Omni-Fitness Health Club/45 Plant Road Hyannis Proposed Nitrate-Nitrogen Monitoring Plan I received a copy of a proposed nitrate-nitrogen monitoring plan from James R. Borrebach, P.E. of Atlantic Design Engineers, Inc. dated September 21, 1993. Please make four (4) copies of this plan and send copies to each of the following individuals as expeditiously as possible: * Brian R. Grady, R.S. * Joseph C. Snow, M.D. * Susan G. Rask, R.S. * Gabriel Belfit - Cape Cod Commission, Route 6A Barnstable Village 9 You may be able to FAX copies of this proposed plan to Susan Rask, Gabriel Belfit, and Brian Grady today. Please telephone these individuals at their job sites to see if this is possible. Thank you. cc: James Davey Atlantic DESIGN ENGINEERS, INC. ENGINEERS & ENVIRONMENTAL SCIENTISTS AVA -September 21, 1993 Mr. Jonathan P. Davey Omni Fitness 45 Plant Road Hyannis, MA 02601 Re : Nitrate Nitrogen Monitoring Plan > , b � 5 Dear Mr. Davey: Atlantic Design Engineers, Inc. is pleased to submit this proposed Nitrate-Nitrogen monitoring plan for the Omni Fitness facility located at 45 Plant Road in Hyannis, Massachusetts . This plan has been prepared per our recent discussions . INTRODUCTION The Omni Fitness health club facility is located at 45 Plant Road in Hyannis, Massachusetts . The facility is currently under construction (interior renovations only) and is scheduled to open for business in October of 1993 . The Omni Fitness health club facility received permission from the Barnstable Board of Health to utilize space at 45 Plant Road for a health club and physical therapy clinic in lieu of the Agreement for Judgement dated January- 5, 1988 . The Board of Health granted permission on August 10, 1993 subject to several conditions. One of the conditions (#10) was that the applicant prepare a Nitrate-Nitrogen monitoring plan. The Nitrate-Nitrogen monitoring plan is intended to regularly and periodically evaluate the groundwater conditions under the subject site via testing nitrate - nitrogen concentrations in the groundwater. The data obtained will be used. to determine if any groundwater impacts have occurred due to use of the health club and physical therapy clinic. NITRATE - NITROGEN MONITORING PLAN Three (3) groundwater monitoring wells are currently located on the subject property. These wells will be used initially to collect groundwater samples for analysis. Faunce Corner Office Park 221 E. Main St. • Suite 205 P.O. Box 1051 86 Faunce Corner Rd. • Suite 410 Milford, MA 01757 Sandwich, MA 02563 N. Dartmouth, MA 02747 (508) 478-2206 • FAX 478-0327 (508) 888-9282 • FAX 888-5859 (508) 997-5422 • FAX 999-4060 Atlantic° Mr. Jonathan P. Davey September 21, 1993 Page Two The groundwater monitoring wells will be sampled on a quarterly basis commencing in October, 1993 . Sampling will typically be conducted during the first week of the months of January, April, July and October. Sampling in October, 1993 will result in two rounds of analyses (July and October, 1993) prior to full occupancy of the health center. The data will provide background nitrate-nitrogen levels prior to occupancy of the health center and allow valid comparisons and analysis of the post occupancy nitrate-nitrogen levels . Immediately prior to well sampling, groundwater elevations will be determined using an electronic water level meter. The water level data will be used to determine groundwater contours and specific groundwater flow direction. The water level data will be used to evaluate the location of the wells relative to groundwater flow direction and the existing septic system. The intent will be to have at least one well upgradient of the septic system, one well in close proximity to the septic system and at least one well downgradient of the septic system. Wells located in these positions will provide the best information relative to correlating the specific impacts of the Omni Fitness center on nitrate-nitrogen concentrations in the groundwater underlying the site. The locations of the existing wells are to be evaluated after the third quarterly- sampling round has been completed. The evaluation is to involve the adequacy of the wells to provide the desired coverage around the septic system relative to groundwater flow direction. The evaluation is to occur only after three sampling rounds in order to assess the potential impacts of normal seasonal variation in the water table on the desirability of the existing well locations . Additional monitoring wells may be required after completion of this evaluation. The groundwater monitoring wells on the subject property will be sampled per standard EPA protocols . The wells will be purged of a volume a minimum of three times the standing volume in the well in order to assure that a representative groundwater sample is obtained. The groundwater sample from each well will be placed in a separate precleaned sample jar, labelled and logged via a Chain of Custody. ' The sample jars will be placed in a cooler for delivery to a Massachusetts Certified analytical laboratory. The groundwater samples will be analyzed for Nitrate-Nitrogen content with concentrations to be reported in parts per million. A quarterly monitoring report will be prepared and submitted to the Barnstable Board of Health. The report shall be submitted on Atiantic° Mr. Jonathan P. Davey September 21, 1993 Page Three the third week following the sampling period. For example, reports will be submitted on or about January 28, April 28, July 28 and October 28 . The report shall include original laboratory results and the results of the water level measurements . The report shall also include an evaluation of the analytical results relative to the 5 ppm and 10 ppm action levels as discussed in the Board of Health approval letter dated August 10, 1993 and shall be signed by a Massachusetts Registered Professional Engineer. The nitrate-nitrogen monitoring shall continue at quarterly intervals for a period of not less that one year after occupancy of the health center. More frequent monitoring may be warranted if elevated levels of nitrate-nitrogen are encountered. If the quarterly analyses show -no substantial change in background nitrate-nitrogen levels, semiannual monitoring shall occur. If during semiannual monitoring, the nitrate-nitrogen levels increase beyond the 5 ppm or 10 ppm action levels, quarterly or more frequent monitoring will be required. Further, the nitrate - nitrogen monitoring shall be discontinued if the health center is tied into the municipal sewer system. Any modification in the monitoring 'periods shall only be done with the approval of the Barnstable Board of Health. SUMMARY This nitrate - nitrogen monitoring plan is intended to satisfy the requirements of the Board of Health approval letter dated August 10, 1993 regarding the proposed Omni Fitness health center at 45 Plant Road in Hyannis, Massachusetts . If you have any questions or comments regarding this matter, please do not hesitate to contact us . Very truly yours, ATLANTIC DESIGN ENGINEERS, INC. jr es Borrebach, P.E. , CHMM Pr ject Manager MEMORANDUM Information Systems copy machine is non-functioning By State mandate facsimilies have to be transferred to standard copy paper. Please be sure to copy this fax as soon as you get back to your office. Thank you, Nancy Pyy Information Systems Data Entry Clerk From DORSEY&DORSEY SeP. 27. 1993 03:27 P111 P01 —Paw Offf4Zs Of ala ntes 9. Jrbacsty, Zsq, o¢ttoustys at Zaw 207 Mont ztutt a Box 319 Ztituatt, oVauaa4usst1s o2066 16171 443-9770 FACSIMILE TRANSMISSION RECIPIENT FAX NUMBER: RECIPIENT FIRM NAME : EXTENSIpN/ATTENTION; C' ,,:, DATE SENT: -� TIME SENT; 3;/ Y� NUMBER OF PAGES INCLUDING THIS COVER SHEET: We are transmitting from a PA NASONIC KX�-F3500 Facsimile machine. If you are having Any transmissiont please call. Thank you. receiving this COMMENTS : SEP 27 '9- 9414,_; ATLrPITIC [HV TECf•II•JULbC�IES V. Alflan' ...... DESIGN ENGINEERS, INC. ENGINEERS & ENVIRONMENTAL SCIENTISTS September 27 , 1993 Mr. Jonathan ' P. Davey Omni Fitne, SS 45 Plant Road Hyannis, MA 02601 Re: Nitrate - Nitr gen Monitoring Plan Proposed Modifications Dear Mr. 17avey Atlantic Design Engineers, Inc. previously submitted a Nitrate-Nitrogen monitoring plan for. the Omni Fitness facility located at 45 Plans, Road in Hyannis, Massachusetts The plan was requested by the 'Barnstable Board of Health and reviewed by the Cape Cod Commission Staff. The CCC staff suggested two modifications to the plan. One suggested modification involves additional laboratory analysis for Ammonia Nitrogen. Further, if after three quarterly sampling rounds, the installation of additional well (a) is recommended, a multi-level well will be installed. The preferred screening depths would be discussed with the CCC staff and the Board of Health prior to well installation. If you have any questions or comments regarding this matter, please do not hesitato to contact us . Vary truly yours, ATLANTIC DESIGN ENGINEERS, INC. J mes R. Borrebach, P. E. , Mim oject Manager oc: Barnstable Board of Health Fcunco Corner olfi0© pork 2?4 F. mr in m. . ssoitA qns PO, ROX 1051 AA Pnimew (`orner P8. . 21U16 410 Mlltard, MA Ug757 pia *run) Mt) VWi Its, DjN0 1¢4jh, MA 0474) (;0$) 479.9906 ■ LA.Y. AM0127 000-110 • erlil §@4-;4C45 ` TH E TOWN OF BARNSTABLE DF TO OFFICE OF Z HA"ST"L 's BOARD OF HEALTH MA66 ft _ 1639; �� 367 MAIN STREET 'EO MAY�' HYANNIS, MASS.02601 August 10, 1993 Jonathan P. Davey 211 Belgrade Avenue Suite 135 Roslindale, MA 02131 Dear Mr. Davey: You are granted permission to utilize space at 45 Plant Road, Hyannis for the purpose of a health club and a physical therapy clinic, in lieu of the Agreement for Judgment dated January 5, 1988, with the following conditions: ( 1) No more than 600 gallons of wastewater shall be discharged per day from the subject space. The amount of wastewater shall be determined by water meter readings. (2) A separate water meter shall be installed for the subject space in order to determine the water usage each day from the subject space alone. (3) Each month, the applicant shall provide the Board of Health with water meter readings in both cubic feet and gallons for the subject space, for the calendar month immediately preceding the month in which said report is due. Said readings shall be provided to the Board of Health by the fifteenth day of the succeeding month. (For example, the applicant shall provide the Board of Health water meter readings in both cubic feet and gallons for water use during September 1993, no later than October 15, 1993. ) (4) The applicant shall agree that the Health Department Director of Public Health or his due designate, may appear at this subject space, without prior notice, to observe the water meter for the purpose of determining that the water meter readings match-up with future submitted readings. (5) The applicant shall determine the water usage (in gallons) on a daily basis also. If the applicant determines that the water usage has reached or exceeded 18,000 gallons (or 18,600 gallons during a 31-day month) prior to the end of the calendar month, the applicant shall notify the Town l of Barnstable Director of Public Health and take all _ necessary steps to curtail the number of participants in -the health club and/or physical therapy clinic including, but not limited to, cancelling classes or limiting the number of daily entrants. (6) In the event that the Board of Health determines that the water use in the preceding month has exceeded 18,000 gallons, (or 18,600 gallons during a 31-day period) shall immediately take the following steps: (a) limit the number of daily entrants into the subject space, (b) cancel classes at the health Club, (c) provide the health Department Director with daily readings of the water meter; and (d) limit the hours the facility is to remain open. (7 ) In the event that the Board of Health determines that the water use in the preceding month has exceeded 18,000 gallons, ( 18,600 during a 31-day month period) and after the applicant had followed through with those steps as outlined in paragraph "6" above, the Board of Health may require the applicant to attend a hearing to consider further steps to limit the wastewater discharge. (8) In the event that the Board of Health determines that the monthly water usage has exceeded 18,000 gallons (or 18,600 gallon during a 31-day month) during two consecutive months or in any three calendar months within any six-month period, the Board of Health may require the applicant to attend a hearing to consider further steps to limit wastewater discharge including, but not limited to, closing the health club and physical therapy facility and limiting the number of hours that the facility is opened on a daily basis. (9) No building shall be constructed upon the adjacent vacant lot (known as lots 11 and 12 Plant Road, Hyannis, Massachusetts) until after such time Town sewer is available. The construction of a parking lot shall not be considered a building within the meaning of this paragraph. ( 10) The applicant shall submit a nitrate-nitrogen monitoring plan subject to the approval of the Board of Health which will require quarterly testing unless the nitrate-nitrogen levels exceed five (5) milligrams per liter, in which case more frequent testing may be required. As part of said plan, the Board of Health may require additional monitoring wells in accordance with an evaluation to be performed by a mutually agreeable environmental r r n consultant to be hired at the applicant's expense. Said plan is due on or before September 15, 1993. - . I .. ( 11) In the event that the nitrate/nitrogen levels exceed ten ( 10) milligrams per liter, the Board of Health shall require the applicant to attend a hearing to consider steps to reduce the nitrate/nitrogen levels, including, but not limited to, closing the health club/physical therapy facility limiting the hours the facility is opened, and requiring the applicant to devote additional square footage at the subject premises to unoccupied space. ( 12) The septic system shall be pumped on an annual basis and the applicant shall submit written certification of said pumping to the Board of Health. ( 13) Failure to comply with the conditions contained in this permission letter shall result in the revocation of the occupancy permit for that portion of the premises occupied by the applicant. Sincerely yours, Jseph C. Snow, M.D. ard of Health Town of Barnstable JCS/bcs Ls n Qz- CAPE COD COMMISSION v ..s 3225 MAIN STREET P.O. BOX 226 zz s E ` s BARNSTABLE, MA 02630 /sg3 .A,4P, ARoFrfl7q_. K Mr. Tom McKeon Barnstable Board of Health Town of Barnstable Hyannis , MA 02601 ® Printed on Recycled Paper ( ( !! ( ` (i�f.!'!li�ilitlt:t.�.11t!lt31t;4.!l��t `\ it �\ �' MEMORANDUM Information Systems copy machine is non-functioning By State mandate facsimilies have to be transferred to standard copy paper. Please be sure to copy this fax as soon as you get back to your office. Thank you, Nancy Pyy Information Systems Data Entry Clerk SENT BY:Xerox Telecopier 7020 ; 9-27-93 ; 16:28 Barnstable County-; 5087753344;# 1 r r, d CAPE COD COMMISSION 3225 MAIN STREET 0 P.O. Box 226 V BARNSTABLE, MA 02630 • 508.362-3828 It�A rS FAX: 508-382-3136 Mr. Tom McKeon Barnstable Board of Health Town of Barnstable Hyannis, MA 02601 i September 27, 1993 IAear Mr. McKeon; I have reviewed the proposed water quality monitoring plan for the Omni Fitness Center and offer the following comments. 1) There is no site specific water table information available at this time for the project site, which makes it impossible to judge the adequacy of the current well locations, or interpret the existing water quality data. The monitoring plan designed by Atlantic Engineers specifies that water levels will be taken prior to each sampling event, and the overall layout of wells evaluated after three rounds of sampling. It is suggested that the water table gradient be defined as soon as possible to assess the exising network and to determine the need for art additional well. 2) If an additional well is recommended, the well should be constructed as a multilevel well, with at least three screened intervals; the first should be a five foot screen placed at the water table and the folowing two placed as five foot screens at five foot intervals. 3) Water quality analysis should be expanded to include ammonia nitrogen as well as nitrate nitrogen for a more complete understanding of the wastewater impacis, If I can be of further assistance please do not hesitate to contact me. Sincerely, Gabrielle Belfit Hydrologist cc: Mr. James F. Davey, Esq. �St-It'"brand tax transmittal memo 7671 ��t paa°m' C . hone# apt. FAX ex -33 4 V TX E TD`` The Town of Barnstable ` 1 ""'T"' Health Department 367 Main Street, Hyannis, MA 02601 Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health September 20, 1993 James F. Davey Attorney At Law 207 Front Street P.O. Box 319 Scituate, MA 02066 Dear Mr. Davey: I am stkkin receipt of a copy of your letter addressed to me, Thomay�� McKean, via FAX on September 19, 1993. I find your letter completely incomprehensible in regard to your allegations and accusations concerning lack of notification, conspiracy, improper notification, and your complaint of my expeditious notice to the Building Commissioner. Due to the fact that your client failed to report a telephone number and mailing address on the variance application form dated July 20 1993, the Board of Health permission letter dated August 10, 1993 was mailed to you on August 10, 1993 to the same address which appeared on some correspondence submitted by you in your application package [in a copy of a letter from William P. Dillon addressed to "Jack" Davey] . Also, regarding your complaint that you were not notified of the Board of Health conditional permission letter until the Labor Day weekend; this should not have occurred if you had informed the Health Department and the Post Office that your mailing address had changed. To this date, the Health Department Office does not have any telephone number or mailing address information for your client. Please send this information to the Health Department Office. The Board of Health condition was premised on the fact that this site is located within a zone of contribution to public water supply wells. Cape Cod is a sole source aquifer and 100 percent of our water supply originates from underground. Our drinking water quality is directly affected by what is discharged into the ground, including the amount of nitrate- nitrogen resulting from wastewater disposed through onsite sewage disposal systems. The opening date for the "Club" may be delayed due to the lateness of your submission of the nitrate-nitrogen monitoring plan to the Board. However, as soon as I receive copies of the proposed nitrate-nitrogen monitoring plan, I will ensure that all three Board members receive their copies as expeditiously as possible for their review. Then, I will ensure that you receive their comments regarding the proposed plan as soon as possible also. If the Board members require any revisions to the plan, I hope that you will ensure that such changes are made as soon as possible to avoid additional delay. Thank you. Sincerely yours, Thomas A. McKean Agent of the Board of Health lift. The Town of Barnstable J Health Department { " A M# & 367 Main Street, Hyannis, MA 02601 r�ra 039. `F �0 MAY�' .. .. .. .,.. Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health September 17, 1993 James F. Davey Attorney "At Law 207 Front Street P.O. Box 319 Scituate, MA 02066 Dear Mr. Davey: I am in receipt of a copy of the letter from you addressed, to Joseph C. Snow P M.D. dated September 13, 1993 ,regarding. your request for an extension of two weeks until September 27, 1993 to comply with condition #10 which requires your client to submit a nitrate-nitrogen monitoring plan. An extension until September 27, 1993 would not provide the Board of Health sufficient time to examine the proposed monitoring plan prior to the "Club's" opening date of October 1, 1993. Also, this request would require a decision of the entire Board of Health and the next scheduled Board meeting is not until October 14, 1993. Your client, Jonathan Davey, has not complied with condition #10 of the Board of Health permission letter dated August 10, 1993. The above referenced permission letter allowed your client, Jonathan Davey, to utilize space at 45 Plant Road Hyannis for the purpose of a health club and therapy clinic with conditions; one condition (#10) required Jonathan Davey to submit a nitrate-nitrogen monitoring plan prepared by an environmental consultant on or before September 15, 1993. The Board of Health has not received a nitrate-nitrogen monitoring plan from Mr. Jonathan Davey to date. Accordingly, the Town of Barnstable Building Commissioner will be notified by me on this date that the occupancy permit for the portion of the premises occupied by your client for the "Club" shall be revoked in accordance with condition #13 of the variance letter. PER ORDER OF THE BOARD OF HEALTH !ZhomIa;s—PMcKean, RS, CHO cc: Jonathan Davey Agent of the Board of Health Joseph DaLuz. i MEMORANDUM Information Systems copy machine is non-functioning By State mandate facsimilies have to be transferred to standard copy paper. Please be sure to copy this fax as soon as you get back to your office. Thank you, Nancy Pyy Information Systems Data Entry Clerk SEP 27 '93 14:07 ATLANTIC ENV TECHNOLOGIES P.1i2 .M,Atlantic . DESIGN ENGINEERS, INC. ENGINEERS &. ENVIRONMENTAL SCIENTISTS FAN OVER 5HET TO: ohn c COMPANY: �� � C�MA FROM: 1 M Q F1 DATE: RE: 0m vt l �T Y JOB NO, Number of Pages including cover sheet: Message• D .1 G� t`N t4� 0 ATLANTIC DESIGN ENGINEERS, INC. If you have any problem with this transmittal, please contact us at (508) 997-5422. Thank you. Founce Corner Office Park 221 E, Main St, • Suite 206 PO. Box 1051 86 Founce Corner Rd. • Suite 410 Milford, MA 01757 Sandwich, MA 02563 N, Dartmouth, MA 02747 (508) 478-2206 • FAX 478.0327 (508) 888-9282 • FAX 888.5859 (508) 997.5422 • FAX 999-4060 SEP 27 '93 14:07 ATLANTIC ENV TECHNOLOGIES P.2i2 Ditlanfic DESIGN ENGINEERS, INC. ENGINEERS & ENVIRONMENTAL SCIENTISTS September 17, 1993 Mr. Jonathan P. Davey Omni Fitness 45 Plant Road Hyannis, MA 02601 Re: Nitrate N=trogen Monitoring Plan Proposed Modifications Dear Mr. Davey: Atlantic Design Engineers, Inc. previously submitted a Nitrate-Nitrogen monitoring plan for the Omni Fitness facility located at 45 Plant Road in Hyannis, Massachusetts, The plan was requested by the Barnstable Board of Health and reviewed by the Cape Cod Commission Staff, The CCC staff suggested two modifications to, the plan. One suggested modification involves additional laboratory analysis for Ammonia Nitrogen. Further, if after three quarterly sampling rounds, the installation of additional well (s) is recommended, a multi-level well will be installed. The preferred screening depths would be discussed with the CCC staff and the Board of Health prior to well installation. If you have any questions or comments regarding this matter, please do not hesitate to contact us. Very truly yours, ATLANTIC DESIGN ENGINEERS, INC. J mes R. Borrebach, P.E. , CHMM P oject Manager cc: Barnstable Hoard Of Health Faunce Corner Office Pork 221 E, Moir) St. • Suite 205 P.O. Box 1051 86 Faunce Corner Rd. - Suite 410 Milford, MA 01757 Sandwich, MA 02563 N, Dartmouth, MA 02747 (508) 478-2206 • FAX 478.0327 (508) 8889282 • FAX 888.5859 (508) 997.5422 • FAX 999.4060 A. lantic DESIGN ENGINEERS, INC, ENGINEERS & ENVIRONMENTAL SCIENTISTS September 21, 1993 Mr. Jonathan P. Davey Rf Omni Fitness Cf��Inrc- 45 Plant Road Sep 2 `•CQ _� Hyannis, MA 02601 )2 � .1 1993 Re : Nitrate Nitrogen Monitoring Plan < d 5 Dear Mr. Davey: Atlantic Design Engineers, Inc. is pleased to submit this proposed Nitrate-Nitrogen monitoring plan for the Omni Fitness facility located at 45 Plant Road in Hyannis, Massachusetts . This plan has been prepared per our recent discussions . INTRODUCTION The Omni Fitness health club facility is located at 45 Plant Road in Hyannis, Massachusetts . The facility is currently under construction (interior renovations only) and is scheduled to open for business in October of 1993 . The Omni Fitness health club facility received permission from the Barnstable Board of Health to utilize space at 45 Plant Road for a health club and physical therapy clinic in lieu of the Agreement for Judgement dated January, 5, 1988 . The Board of Health granted permission on August 10, 1993 subject to several conditions. One of the conditions (#10) was that the applicant prepare a Nitrate-Nitrogen monitoring plan. The Nitrate-Nitrogen monitoring plan is intended to regularly and periodically evaluate the groundwater conditions under the subject site via testing nitrate - nitrogen concentrations in the J g g groundwater. The data obtained will be used. to determine if any groundwater impacts have occurred due to use of the health club and physical therapy clinic. NITRATE - NITROGEN MONITORING PLAN Three (3) groundwater monitoring wells are currently located on the subject property. These wells will be used initially to collect groundwater samples for analysis . CFaunceCornerffice Park 221 E. Main St. • Suite 205 P.O. Box 1051 d. • Suite 410 Milford, MA 01757 Sandwich, MA 02563 A 02747 (508) 478-2206 • FAX 478-0327 (508) 888-9282 • FAX 888-5859 AX 999-4060 Alantice Mr. Jonathan P. Davey September 21, 1993 Page Two The groundwater monitoring wells will be sampled on a quarterly basis commencing in October, 1993 . Sampling will typically be conducted during the first week of the months of January, April, July and October. Sampling in October, 1993 will result in two r 1993 prior to full Jul and October, ) rounds of analyses (July P occupancy of the health center. The data will provide background nitrate-nitrogen levels prior to occupancy of the health center and allow valid comparisons and analysis of the post occupancy nitrate-nitrogen levels . Immediately prior to well sampling, groundwater elevations will be determined using an electronic water level meter. The water level data will be used to determine groundwater contours and specific groundwater flow direction. The water level data will be used to evaluate the location of the wells relative to groundwater flow direction and the existing septic system. The intent will be to have at least one well upgradient of the septic system, one well in close proximity to the septic system and at least one well downgradient of the septic system. Wells located in these positions will provide the best information relative to correlating the specific impacts of the Omni Fitness center on nitrate-nitrogen concentrations in the groundwater underlying the site. The locations of the existing wells are to be evaluated after the third quarterly- sampling round has been completed. The evaluation is to involve the adequacy of the wells to provide the desired coverage around the septic system relative to groundwater flow direction. The evaluation is to occur only after three sampling rounds in order to assess the potential impacts of normal seasonal variation in the water table on the desirability of the existing well locations . Additional monitoring wells may be required after completion of this evaluation. The groundwater monitoring wells on the subject property will be sampled per standard EPA protocols . The wells will be purged of a volume a minimum• of three times the standing volume in the well in order to assure that a representative groundwater sample is obtained. The groundwater sample from each well will be placed in a separate precleaned sample jar, labelled and logged via a Chain of Custody. The sample jars will be placed in a cooler for delivery to a Massachusetts Certified analytical laboratory. The groundwater samples will be analyzed for Nitrate-Nitrogen content with concentrations to be reported in parts per million. A quarterly monitoring report will be prepared and submitted to the Barnstable Board of Health. The report shall be submitted on I Atlantic° =y Mr. Jonathan P. Davey September 21, 1993 Page Three the third week following the sampling period. For example, reports will be submitted on or about January 28, April 28, July 28 and October 28 . The report shall include original laboratory results and the results of the water level measurements . The report shall also include an evaluation of the analytical results relative to the 5 ppm and 10 ppm action levels as discussed in the Board of Health approval letter dated August 10, 1993 and shall be signed by a Massachusetts Registered Professional Engineer. The nitrate-nitrogen monitoring shall continue at quarterly intervals for a period of not less that one year after occupancy of the health center. More frequent monitoring may be warranted if elevated levels of nitrate-nitrogen are encountered. If the quarterly analyses show no substantial change in background nitrate-nitrogen levels, semiannual monitoring shall occur. If during semiannual monitoring, the nitrate-nitrogen levels increase beyond the 5 ppm or 10 ppm action levels, quarterly or more frequent monitoring will be required. Further, the nitrate - nitrogen monitoring shall be discontinued if the health center is tied into the municipal sewer system. Any modification in the monitoring periods shall only be done with the approval of the Barnstable Board of Health. SUMMARY This nitrate - nitrogen monitoring plan is intended to satisfy the requirements of the Board of Health approval letter dated August 10, 1993 regarding the proposed Omni Fitness health center at 45 Plant Road in Hyannis, Massachusetts . If you have any questions or comments regarding this matter, please do not hesitate to contact us . Very truly yours, ATLANTIC DESIGN ENGINEERS, INC. C1 J Ct_ .0 res R. Borrebach, P.E. , CHMM Pr ject Manager The Town of Barnstable { i Health Department Ilk"�' ' 367 Main Street, Hyannis, MA 02601 639. 80 Office 508-790-6265 Thomas A. McKean FAX 508-175-3344 Director of Public Health TO: Joseph DaLuz Building Commissioner FROM: Thomas McKean Agent of the Board of Health DATE: September 16, 1993 SUBJECT: Revocation of Occupancy Permit at the "Club" locad at 45 Plant Road Hyannis Paragraph #13 of the Board of Health permission letter to Jonathan Davey dated August 10, 1993 states, "Failure to comply with the conditions contained in this permission letter shall result in the revocation of the occupancy permit for that portion of the premises occupied by the applicant. " (A copy of this permission letter is attached. ) The applicant did not comply with condition #10 of the above referenced Board of Health permission letter. Therefore the occupancy permit for the space occupied for the "Club" shall be revoked. Please revoke the occupancy permit for the space occupied by the "Club" located at 45 Plant Road on this date. FROM JEFF NUMMELIN James F. Davey Attorney at Law P.O. Box 319 207 Front Street Scituate,Ma.02066 617-545-9770 September 19, 1993 Thomas McKeon Agent, Board of Health 367 Main Street Hyannis, MA 02061 Re: 45 Plant Road, Hyamus Dear Mr. McKean; I received your letter on Saturday the 18th of September addressed to my office, such letter was dated the 17th, postmarked the 16th, My conversation with ,you was on the aftemoon of Sept. 17th. You inquired if I had received a letter from the board and I told you I had not. , It appears that the board, or you, acted on the 15th or 16th, having in your possession on the 14th my request for an extension. Fairness would have that on Tuesday the l 4th, you would have called my office and Advised us of the need for review time, then we could have reacted within within the given time frame and had a plan in your office by the afternoon of the 15th as we had approcimately 49 hours to comply. The request was in the nature of a procedural, not a substantive change. Requests of this type are routinely granted in administrative hearings in all other towns. I am sure that they are also so handled and responded to in the Town of Hyannis, The abscence of a response by fax or telephone on the 14th led us to believe that. such a procedural request was permissable, It appears that the common courtesy of fair dialogue was not followed in this pending matter. In fact, considering that my office was never noticed of the original decision, dated Aug loth, and the one addressed to Jonathan Davey was sent to a changed address, we did not recievc such until the Labor Day weekend. Rarely, if ever, do 1 give creedance or lend substance to rumor, but a competitor on the second week of September was reported as making statements to various individuals that he would have the permits for 45 Plant Road revoked. FROM JEFF NUMMELIN i •r vrf am not herein suggesting a deliberate conspiracy of silence or non-information, but it I appears that other pressures or coercision are being exerted to affect the permit of August loth. In your conversation with me on the afternoon of Friday the 17th, you never indicated that you were the author of the Sept. 17th letter. You also failed to inform me specifically of the action taken, The expeditious notice to the Building Commissioner on Sept. l7th, when you were aware that the health club was not open and would not open until Oct.1, is most unusual, and raises serious questions as to what is transpiring in your office. You did on the 17th, indicate that some form of law suit had been filed, of which we had not yet received notice. You expressed t an the a decisI now i n as made`If so, such is wro rn about such and g and illegal. wonder if such had any impa Also, as general information, certain matters appear to be happening, not of board involvement, such as acts to intimidate contract vendors, employed personnel and some very suspicious damage to one of our the attest o�ofse natters are tlte DistrictnA to Attorneys O being pfIpce� and if substantiated will be brought to We are proceeding per our letter of September 17th, and submitting to your office on September 21 st the nitrogen/nitrate plan as required. I am informed by several engineers that traditionally such does not require site examination and that the review of the plan does not take any appreciable time. I may point out that the conditon set forth in paragraph 10, provides, if necessary, an enviromental consultant, which condition protects the town. I do feel that the board should review the happenings set out above and trove to nullify the intended revocation as set forth in the last paragraph of your Sept. 17th letter. 1 would ask for your immediate attention to this matter as the employment status of direct labor and contract personnel are involved. 1 would ask that you give immediate response to the above. The absence of such an answer may well fuel the intimidation activities we have outlined above and in view of the pending litigation, will result in extensive depositions as to who said what to whom and when. Very truly yours, (:i\j .roes F, Davey FROM JEFF NUMME'LIN � n RD/mg CC: Ruth Weil, Esq, 367 Main Street Hyannis MA 02061 \ h Da.Iuz Joseph;. 1 Building Commissioner Hyannis Town lull � us Hyannis, MA 02061 .:f :-t s i f 'OCT 14 '93 14:12 ATLANTIC ENV TECHNOLOGIES P.1/3 J Atlantic"' DESIGN ENGINEERS, INC. ENGINEERS & ENVIRONMENTAL SCIENTISTS - _ FAX COVER SHEET TO. w 1 COMPANY: V�g�ro►.�}� ,I`�`' . �� FROM: I DATE: to V4 tA% -- . JOB NO. ... including cover sheet: Number of Pages � 9 . Message: 'pI.FA$ t6,GL. t 5=-Wo i-bwrr._.wy Qua _ 12- ATLANTIC DESIGN ENGINEERS, INC. " If you . have any problem with this transmittal, please contact us at (508) 997-5422. Thank you. Pounce Corner Office Park 221 E. Main St. • Suite 205 RC:Box 4051 Milford, MA 01757 Sandwich, MA 02563 86 Founce Corner Rd. • Suite 410 (608) 888-9282 • FAX 888.5859 N, Dartmouth, MA 02747 (508}478-2206 • FAX 478-0327 (508) 997-5422 • FAX 999-4060 OCT 14 '93 14:12 ATLANTIC ENV TECHNOLOGIES P.2/3 i4,itla,nfic DESIGN ENGINEERS,'INC. ENGINEERS&ENVIRONMENTAL SCIENTISTS October 14 , 1993 Jonathan P. Dave Mr. Jan Y Omni Fitness 45 Plant goad Hyannis, MA 02601 Re: Nitrate - Nitrogen Monitoring' Plan Additional Water Table Data Dear Mr. Davey: Atlantic Design Engineers, Inc. has completed the activities discussed in our letter dated October 1, 1993. These activities were related to obtaining additional information on groundwater table elevations on the subject property and in the surrounding area. On October 13 , 1993, representatives of Atlantic Design Engineers, Inc. redeveloped the wells on the subject property and determined groundwater depths after redevelopment. Further, the wells were tied to the National Geodetic Vertical Datum (1929) ,ta allow direct comparison with existing municipal wells. Also, the depth to groundwater was also measured in four existing municipal. wells. The municipal wells were accessed with Mr. John Quinn of the Barnstable WWTP. Gabrielle Belfit of the Cape dod Commission was also present. A summary of the water table data is provided below'. Water Table Elevations October 13 , 1993 Well No. casing Elevation Depth^to GW GW Elev. IW-1 44. 35 18 .30 26.05 -1 49.53 23 . 65 25.88 MW-2 48.88 23. 65 25..23 45 (s-17) 59..84 2$. 1 31.74 32 (S-1) 54 . 53 25.3 29.23, 37 (S-7) 61. 75 29. 0 32 .75 30(BC) 37 . 58 11. 1 26. 48 Faunce Corner Office Park 221 E. Main St, • Suite 205 P.O. Box 1654 86 Faunce Corner Rd. • Suite 410 Milford, MA 04757 Sandwich, MA 02563 N. Dartmouth, MA 02747 (508) 478-2206 • FAX 478.0327 (508) 8884282 • FAX 888-5859 (508)997-5422 • FAX 999-4060 OCT 14 '93 14: 13 ATLANTIC ENV TECHNOLOGIES P.3i3 Atlantic Nlr. Jonathan P. Davey October 14, 1993 Page Two . Plotting of the 'n site well information indicates that the on site groundwater flow direction is towards the east-south-east. The water table elevations in the nearby wells also generally confirms that the regional groundwater flow direction is similar to previously mapped contours. The on site wells indicate the 'hydraulic gradient of the groundwater ' is approximately 0. 003 feet per foot. This gradient would correspond to a Darcey's velocity in the order of inches per day. Further, the existing on site wells are adequately located to provide nitrogen nitrate and ammonia nitrogen concentrations in close proximity to the septic system and at the downgradient property line. Further, one well is located slightly upgradient of and cross gradient to the septic system and will be suitable to provide background concentrations. In our' opinion, the installation of additional wells is not warranted at this time. If you have any questions or comments regarding this matter, please do not hesitate to contact us. Very truly yours, ATLANTIC DESIGN ENGINEERS, INC. , it Ames R. Borr.ebach, P.E. p oject Manager cc: Mr. Thomas McKean - .Barnstable Health Department Ms. Gabrielle Belfit. - Cape Cod Commission