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1575 IYANNOUGH ROAD - Health (2)
1575 IYANOUGH ROAD CENTERV.ILLE _._ ..._. l FRANK R.MCDONOUGH I TOWN OF BARNSTAABLE LOCATION /�7y��/3Z fC4 yr EWAGE VILLAGE &L a �r/r /� ASSESSOR'S MAP ,& LOT oZ-y-OI 00 INSTALLER'S NAME & PHONE NO. d 4,1 di-ctdr, 5m,l0e_ 9S%�56 Z SEPTIC TANK CAPACITY Z, o o O / LEACHING FACILITY:(type) /axo `ea� ///5 . (size)_4�oo a NO. OF BEDROOMS 7 PRIVATE WELL OR PUBLIC WATER BUILDER OR OWNER `" /"O`I DATE PERMIT ISSUED: �S- DATE COMPLIANCE ISSUED: VARIANCE GRANTED: Yes No THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINAL (S) m ^�c� C DATA F` f F 1 i TOWN OF BARNSTABLE SEWAGE # LOCATION��, � ASSESSOR'S MAP & LOT �..y 0 OU VILLAGE F INSTALLER'S NAME & PHONE NO. � ��l vtddacl�P�J(�r.ls� 19.1�5�L I;. SEPTIC TANK CAPACITY Z ` c�r K o �T S (size) � ea I PRIVATE WELL OR PUBLIC l 1 � r.. �?�,o •� Yes No )?pare i s Dr �5M 6 NUTTER,McCLENNEN & FISH ROUTE 28.1185 FALMOUTH ROAD cop P.O.BOX 1630 HYANNIS,MASSACHUSETTS 02601 TELEPHONE:508 790-5400 FACSIMILE:508 771-8079 DIRECT DIAL NUMBER: October 16, 1990 Joseph DaLuz, Building Inspector Town of Barnstable Town Hall Hyannis, Massachusetts 02601 Re: Mr . and Mrs . Frank R. McDonough 1575 Route 132, Hyannis, MA Dear Mr. DaLuz : Pursuant to my correspondence of September 12, 1990, please be advised that I have investigated the factual background concerning the above-referenced property. I am informed by my clients that subsequent to obtaining a Building Permit on May 5, 1987 for the construction of the structure at the above address, that the McDonoughs entered into negotiations with Mr. John Kelly of the Board of Health to allow for use of a temporary well pending connection of the property to public water. I am further informed that in the spring of 1988 Mr. McDonough met with Thomas Mullen, Superintendent of the Barnstable Water Company, who informed him that a 6" line to service both the above property and the Presidential Motor Lodge would be acceptable. Based upon that information, Mr. McDonough had further meetings with Mr. Kelly, and agreed in consideration for temporary use of existing on-site wells to connect the proposed lodging house to town water on or before May, 1988 . During the subsequent year, Mr. McDonough met with Mr. Erickson of the Barnstable Water Company, who informed him that a BOSTON.MASSACHUSETTS COUNSEL:AMSTERDAM•LONDON•TOKYO r NUTTER, McCLENNEN & FISH Joseph DaLuz, Building Inspector October 16, 1990 Page 2 6" line would ,be unacceptable, and that the lines would need to be for 12" . In October of 1988, Mr. and Mrs . McDonough entered into a Purchase and Sale Agreement with Robert M. Shields, Jr. with reference to approximately 4 . 2 acres of land located immediately to the east of the subject locus . Based upon the terms and conditions of that Purchase and Sale Agreement, Mr. Shields was to provide utilities for a 23, 000 square foot shopping center to be constructed on the adjacent property. As a result, Mr. and Mrs . McDonough have negotiated with Mr . Shields to allow for the construction and extension of public water supply utilizing a line of such dimension as to meet the requirements of the Barnstable Water Company. Mr. Shields has applied for a Special Permit, which permit is presently under litigation in the Barnstable Superior Court. Based upon negotiations to date, it is anticipated that the matter will be remanded in the very near future to the Board of Appeals for a final determination. In addition, we anticipate receipt of all necessary state approvals within the next sixty days . As a result, assuming favorable action on the part of the Board of Appeals, public water supplies should be available in the spring of 1991. We are informed that the quality of water from the well presently used is of excellent quality, and we are not aware of any adverse environmental affects to date. In light of the impending development of the adjoining property, it would be most cost-beneficial to both the McDonoughs and the Town to allow the McDonoughs to provide public water to the subject property via this development process. We would request, therefore, that the temporary Occupancy Permit previously issued with reference to the property remain in affect pending the outcome of the Superior Court litigation on the Special Permit, and installation of public water. Very truly yours, Patrick M. Butler PMB: jl 2239r Zl:� cc: Board of Health ASSESSORS MAP NO: —I- NOIZ:...;.W. .... PARCEL NO: - -a;- ~ Fps.. ..�.. ...-.. THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH ................. . . ....... ......OF.........................-----............ ------..........---------------------------•- Appliration for llwvaoal Workii Tomitrur#inn Vamit Application is hereby made for a Permit to Construct ( ) or Repair ( ) an Individual Sewage Disposal System at: /// ----- ----- ------------ lionYgd ess or Lot No, rPA�✓ --•.... /} ``J �`�` � ! .../_.3 .......... . . .4..:d r..✓.....r..-------- M Owners Address ..........................•---•------•------ Installer Address c� Type of Building Size Lot.,O?_____________________ U Dwelling—No. of Bedrooms. ................................Expansion Attic ( ) Garbage Grinder ( ) `4 Other—Type of Building / RA)C1 _ No. of erslans...././/. (� ( ) Ga YP g - ---•--• -•, -- P� ,!--•--------------- Showers — Cafeteria Other fixtures _.. l�..!1t .._.. ...........c ....... h ------- W Design Flow............................................gallons per person per day. Total daily flow--- .... V---gallons. WSeptic Tank—Liquid capacity.aQAfigallons Length................ Width................ Diameter................ Depth................ x Disposal Trench—No. .................... Width.................... Total Length.................... Total leaching area....................sq. ft. Seepage Pit No--------------------- Diameter.................... Depth below inlet.................... Total leaching area.................sq. ft. Z Other Distribution box ( ) Dosing to _( .! `" Percolation Test Results Performed by........ .Vle. ...-�--._....P.AA���!-C--....... Date........................................ aTest Pit No. I................minutes per inch Depth of rest Pit..............--.... Depth to ground water........................ Gr, Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth to ground water........................ a .................................................................••---•--------......-------•-•-----........................................................ 0 Description of Soil.................................................................................................................---------------------------------.................... V .....................•--.....---------....-•----.............--•-•------------------..........--------•------------------------------•---------------•--•--------•-...--------------•----•--............. W ---------------- ----•----------------•--•----•-•---------------------------•--•--------------------•-----------------•-------•---------------------------•----------•-••-••----------------- UNature of Repairs or Alterations—Answer when applicable............................................................................................... -•------•--•-------------------•--..........----•---------------------------•--------------------------•---------------------------------------------------------------- .............................. Agreement: The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of TITL is 5 of the State Sanitary Code—The undersigned further agrees not to place the system in operation until a Certificate of Compliance has be issue by the board h th. 1 ' � Signed................................... .. ...... .•- •-��---- ----.. ............ Da. .te........ _..._... . Application Approved By------...... Da �� �--------------------•------- ....................Da te............... D Application Disapproved for the following reasons:---------•----••-------•------------------------------------•-----------------------------......--------------- ---------------------------••---......................-•-----------------------------------•-•••---•-------------------...-••-------•------•-----------•--•••--------•-•------••-----------•----•------- Date Permit No..... Date THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH �� .......O F..........�.. Trrtifiratr of Toutpliatta THIS IS TO CERTIFY, That the Individual Sewage Disposal System constructed ( ) or Repaired ( ) by ..-•-- . ............................................................................................................................ Installer at.............. --7.-y......114....... -32..� has been installed in accordance with the provisions of TITLE 5 of The State Sanitary Code as described in the application for Disposal Works Construction Permit No..- ------..-. THE ISSUANCE OF THIS CERTIFICATE SHALL NOT BE CONSTRUE® AS A GUARANTEE THAT THE SYSTEM WILL FUNCTION SATISFACTORY. DATE....................................•-•--------........----------•.............. Inspector.................................................................................... • Z G � t THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH ...................OF....................................._.............•---------......................... Appliratiou for Disposal Warks Tomitrttrtiott r.ermit Application is hereby made for a Permit to Construct ( ) or Repair ( ) an Individual Sewage Disposal System at: -•-•-• • �5..�.,�...... . ....................................... ................. ....•---•------....... -----------------•------............------ i �/J �a��• d tess �_1� or Lot f ��,,ll� /c• �l / T/. / owner � Address L.I...,1............................................ •--•-••-•-••...............--•----••-----.....--^--............................................ Installer Address �� Type of Building Size Lot. -------------------'fie-4-:9 U Dwelling—No. of Bedrooms .7................................Expansion Attic ( ) Garbage Grinder ( ) Other—Type of Building !�. 1.fit_._.. . No. of persons.._Z/.................. Showers (J) — Cafeteria ( ) adOther fixtures -•-•-...S,�.H r=--••-•�•T•C•!yh...../..........-•-•-----•--.... ------..-•--•-...--• ---. ..........0................ W Design Flow............................................gallons per person per day. Total daily flow--: '.....'I_..�''�....gallons. WSeptic Tank—Liquid capacity_. 14,., gallons Length................ Width................ Diameter................ Depth................ x Disposal Trench—No..................... Width...._............... Total Length.................... Total leaching area....................sq. ft. 3 Seepage Pit No..................... Diameter.................... Depth below inlet.................... Total leaching area..................sq. ft. Z Other Distribution box ( ) Dosing t� ( ' -11 '~ Percolation Test Results Performed by._.... .T../�. .._.........�...v-N..n� _.._._.. Date........................................ aTest Pit No. 1................minutes per inch Depth of �i'est Pit.................... Depth to ground water........................ f� Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth to ground water........................ Q+' •...........................•----•-------..........----...---•------------•---•---.........._-_............................................................. 0 Description of Soil........................................................................................................................................................................ x c., w ----•---•-•------•-------•••-•----••----•---._...---•----•---•----...---•-•••--------•-•----•---------•-•--•-•------•-- -•-••----------•--•----.....•••••-•-•-•.....................•---•--••.....--•--• U Nature of Repairs or Alterations—Answer when applicable............................................................................................... ..--•._.....--•-•...............••••--------------••-•-----••---••........----------.........._.........------•-----•---••--------••-----•-------•-------•-••--•----•---•-•-•.......................---- Agreement: The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of TITLE 5 of the State Sanitary Code— The undersigne further agrees not to place the system in .- operation until a Certificate of Compliance has been issued_by thj,,board h th. Signe, .... Date Application Approved By........... 1..s�aNr`w..'.s...f•----_-•------------------_ ....................Da--.............. Date Application Disapproved for the following reasons--------------------------••...-•---------••-•••----•----------•-------••---•••••------••---•----•----...•-••---- .....................................................----•------........•-••-...-•••-----••-.....•---•-.............---------•----•-•--••----•-------•-----•-••---•-•-----•--------_.._.._......--.----- Date PermitNo....a.2....... ----------------------. Issued....................................................... Date THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH ±�--.........OF..........t. x...�:Yti. .0 ..................................... Trrtif ratr of Tautphattrr THIS IS TO CERTIFY, That the Individual Sewage Disposal System constructed ( ) or Repaired ( ) by.............(Le - ................... - -_- Installer has been installed in accordance with the provisions of TITLE 5 of The State Sanitary Code as described in the application for Disposal Works Construction Permit No.•Ii�.?--:.... ..5r••-••••••• dated................................................ THE ISSUANCE OF THIS CERTIFICATE SHALL NOT BE CONSTRUED AS A GUARANTEE THAT THE SYSTEM WILL FUNCTION SATISFACTORY. DATE................................................................................ Inspector.................................................................................... THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH t / ...............OF.......... . A ►4� ...............................Disposal Works Works Tottstrixainit 'pamit Permissionis hereby granted----- -- -AA - . ............................................................................... to Construct Z() or Repair ( ) an Iual Sewage Disposal ystem at No........15 :7.'`�---------- �- Street as shown on the application for Disposal Works Construction Permit No.?7,V.,9.. Dated.......................................... .........-•-•--.......--•--•••---------------•-----------•---•-•-------•••.._----•-•--•-----............. DATE................................................................................ -•...•-••...........................•-_._..__. Board of Health FORM 1255 HOBBS & WARREN. INC.. PUBLISHERS 97.& Oommawoea" a. n "0 Daniel S. Greenbaum COmr!iisslOner —�GG2�'U/U�i.�i'�Od�culli, ��G�i'LE�LU�/, ✓/�d'CTG�!C'16e��/'.Gc3'�t'� Gilbert T. )oly Regional Director November 9, 1990 Presidential Motor Lodge RE: BARNSTABLE Public Water Supply Route 132 Failure to Monitor Hyannis, Massachusetts 02601 PWS ID# 4020009 NOTICE OF NONCOMPLIANCE THIS IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION IN RESPONSE TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. Department personnel have observed that in the second, third and fourth quarter of 1990, your facility at the above address was in noncompliance according to 310 CMR 22 . 00, the Massachusetts Drinking Water Regulation, due to failure to monitor for certain regulated contaminants. Attached hereto`is a written description of: 1. each activity referred to above, 2 . the requirements violated, 3. the action the Department now. wants you to take, and 4 . the deadline for taking such action. If you fail to take any action the Department now wants you to take by the prescribed deadline, or if you otherwise fail to remain in compliance in the future with applicable requirements, you could be subject to legal action, including but not limited to, criminal prosecution, court-imposed civil penalties or civil administrative penalties assessed 'Dy the Department. A civil administrative penalty may be assessed for every .day from now o::� that you are in noncompliance with the requirements referred to above. Very truly yours, awrence S. Dayian,l Chief Water Supply Section D/LT/ltkan ATTACHMENT CERTIFIED MAIL NO. P 253 147 439 RETURN RECEIPT REQUESTED Origmal Printed on Req clod Paper ,t 97re anmwweaM of✓Lla&wclw� ZiA it in riovi3.80 ,CJl�,, C�ssachusct±s i 'z�ieui/le /ylassac/ursettd 02,947 N1 F r Board of Health Town Hall L' 367 Main St. Hyannis, MA 02601 Printed on Recycled Paper 'lt111111111.1 fill It1111111 All -- t �� � � � ter. 7 s /� �� .> � �� �_ ------------ _....._._..�•--- - •-- -- - �y -2- cc: Board of Health Town Hall 367 Main Street Hyannis, MA 02601 NOTICE OF NONCOMPLIANCE NONCOMPLIANCE SUMMARY NAME OF ENTITY IN NONCOMPLIANCE: Presidential Motor Lodge LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED: Route 132 , Hyannis, Massachusetts DATE WHEN NONCOMPLIANCE OCCURRED`10R WAS OBSERVED: second, third and fourth- quarter of 1990. DESCRIPTION OF NONCOMPLIANCE: The Presidential Motor Lodge failed to .take distribution system water samples . for microbiological, sodium and nitrate analyses. DESCRIPTION OF THE REQUIREMENTS NOT COMPLIED WITH: 310 CMR 22 . 05 Maximum Microbiological Contaminant Levels, Monitoring Requirements and Analytical Methods (1) "Table 1 in 310 CMR 22 . 05 and the accompanying provisions contain maximum contaminant levels permissible in public water systems and describe associated monitoring requirements. . . A supplier of water shall take samples of the water and shall provide for analysis of such samples for such water quality the methods described in said tables and accompanying provisions. " 310 CMR 22 . 06 Maximum Inorganic Chemical Contaminant Levels, Secondary Maximum Inorganic Chemical Contaminant Levels, Monitoring Requirements and Analytical Methods (1� "A .supplier of . water shall collect samples of the water in its system and provide for analysis of such samples for the inorganic chemical contaminants listed in Tabled of 310 CMR 22 . 06 consistent with 'the methods' and requirements set forth in Tables 3 and 4 of 310 CMR 22 . 06" . 310 CMR 22 . 15 Reporting Requirements (1) "Every supplier of water shall report to the Department within 48 hours every failure to comply with any of these regulations applicable to the supplier of water, including failure to comply with any monitoring requirements applicable to the supplier of water pursuant. to any of these regulations. " 310 CMR 22 . 15 Reporting Requirements (2) "Unless a shorter reporting period is prescribed in 310 CMR 22. 15 (1) or in any other provision of these regulations, the supplier of water shall report to the Department the results of every test, measurement or analysis the supplier of water is required by these regulations to make within (a) the first ten days following the month in which the results are received or (b) the first ten days following the end of the required monitoring period as stipulated by the. Department, whichever of these is shorter. " 1 , ' r 2- KEN AND THE DEADLINE FOR TAKING SUCH ACTION: ACTION TO BE TA E , The Presidential Motor Lodge water supply system shall, within five (5) days of receipt .of. this=„NOTICE have the public water supply sour.cew,:samPled and analyzed fo the contaminants listed under "Description of Noncompliance" by a laboratory certified by the state of Massachusetts to perform the . individual_;.analyses. The Presidential Motor Lodge water supply system shall, within fourteen (14) days of receipt of this NOTICE, have copies of these analyses results forwarded to this Department. The Presidential Motor Lodge shall notify persons served by the system of failure to monitor for microbiological, sodium and nitrate contaminants during the second, third and fourth quarters of 1990 by continuous posting of this failure within fourteen (14) days of receipt of this notice for a period of (90) days. In accordance with 310 CMR 22 . 16 (1) (b) (4) ." . . .the supplier of water for a non-community water system may give notice .within three months of the violation by hand delivery or by continuous posting in conspicuous` places within the area served by the . system. Posting must continue for as long as the violation exists. . . . . " Notice given in accordance with this section shall be written in a manner reasonably designed to inform fully the users of the system. The notice shall be conspicuous- and shall not use unduly technical language, unduly small print, or, other methods which would frustrate the purpose of the notice. The notice shall disclose all material facts regarding the subject including the nature of the problem, and, when appropriate, a clear statement that a primary drinking water regulation has been violated, and any preventive measures that should be taken by the public. Where appropriate or where designated by the Department, bilingual notice shall be given. Notice may include a balanced explanation of the significance or seriousness to the public health of the subject of the notice, a fair explanation of steps taken by the system to .correct any problem and the results of any additional sampling. A copy of the notification sent, issued or posted by the supplier of water in compliance with the requirements of this section shall be furnished to the Department no later than the time it is given to the user of the system. If you have any questions, please telephone Lee Tripp at (508) 946-2763 . DATE• � BY. 1� 1 C •L wrence S: Dayian, (thief Water Supply Section a • ;4� p�6 tNE Tp`4 The Town of Barnstable {"U Health Department 39`�� 367 Main Street, Hyannis, MA 02601 ru• o r�r► Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health November 14, 1991 Revised March 16, 1992 Frank McDonough 1471 Route 132 Hyannis, Ma. 02601 Dear Mr. McDonough You are granted permission to utilize the existing onsite well at 1575 Route 132, Centerville, MA. , with the following conditions: ( 1) The well water shall be tested for the following parameters at least once every six (6) months: pH, conductivity, sodium, nitrate-nitrogen, iron, and total coliform bacteria. Copies of all water tests shall be sent to the Barnstable Health Department. (2 ) The well water shall be tested for volatile organic compounds at least once every year. Copies of all water tests shall be sent to the Health Department. (3) The building shall be connected to Town water when public water is available. (4 ) If at any time, any of the test results indicate that the well water has higher than average levels of a certain parameter more frequent testing may be required by the Board. In addition, the Board of Health may require the applicant to connect the building to Town water if the well water tests results indicate higher than average levels of a certain parameter. (5) No more than 15 persons may occupy the building. (6) This variance will be voided if the site in question has a change in use from the uses now allowed under the by- laws of the Town of Barnstable in the pertinient zoning district, and the new use is reasonably considered to increase the use of water on the site. This approval is granted because recent well test results indicate that the well water meets all the parameters of the Safe Water Drinking Act of 1974, revised 1986 and 1990. Yours Truly, iCJ sepw C. Snow, M.D. airman BOARD OF HEALTH TOWN OF BARNSTABLE JCS/bcs cc: Robert McDonough T TOWN OF BARNSTABLE 4� I,fTH �o ...��.- OFFICE OF £ DAB3�TABL BOARD OF HEALTH 039' \ 367 MAIN STREET �. �0 MAY k' HYANNIS, MASS. 02601 Nove 99 OVA ► K�F��,� �N�s�� �✓)�'� BCD/!�� �- Frank McDonough 1471 Route 132 Hyannis, MA 02601 Dear Mr. McDonough: You are granted permission to utilize the existing onsite well at 1575 Route 132, Centerville, MA. , with the following conditions: ( 1 ) The well water shall be tested for the following parameters at least once every six (6) months : pH, conductivity, sodium, nitrate-nitrogen, iron, and total coliform bacteria. Copies of all water tests shall be sent to the Barnstable Health Department. (2 ) The well water shall be tested for volatile organic compounds at least once every year. Copies of all water tests shall be sent to the Health Department. ( 3 ) The building shall be connected to Town water when public water is available. (4 ) If at any time, any of the test results indicate that the well water has higher than average levels of a certain parameter, more frequent testing may be required by the Board. In addition, the Board of Health may require the applicant to connect the building to Town water if the well water tests results indicate higher than average levels of a certain parameter. ( 5 ) No more than 15 persons may occupy the building. ( ) is ari nce o transfera and will be voided if t s ab is ent as chang in , chang ofy�5ner i or -used a ty o than an scant. Vnl"e' L vi1' � VOt4 � I F A i 0� s v� � � Y1 zi �n�2s �c l;w s t`� l 9 !emu•�( �' 1 This approval is granted because recent well test results indicate that the well water meets all the parameters of the Safe Water Drinking Act of 1974, revised 1986 and 1990. Yours truly, Joseph C. Snow, M.D. . Chairman BOARD OF HEALTH TOWN OF BARNSTABLE JCS/bcs cc: Robert McDonough i i i ` TOWN'OF BARNSTABLE i N s..ro� 4'e OFFICE OF i DADDl7JDL ) BOARD OF HEALTH MAeI i679' 387 MAIN STREET �0 Mnv k HYANNIS, MASS.02601 November 14 , 1991 Frank McDonough 1471 Route 132 Hyannis, MA 02601 Dear Mr. McDonough:' . ' You are granted permission to utilize the existing onsite well at 1575 Route 132, Centerville, MA. , with the following conditions: ( 1) The well water -'.shall be tested for the following parameters at least once every six (6) months: pH, conductivity, sodium, nitrate-nitrogen, iron, and total coliform bacteria. Copies of all water tests shall be sent to the Barnstable Health Department.. (2) The well water shall be tested for volatile organic compounds at least once every year. Copies of all water tests shall be sent to the Health Department. ( 3 ) The building shall be connected to Town water when public water is available. (4 ) If at any time, any of the test results indicate that the well water has higher than average levels of a certain parameter, more frequent testing may be required by the Board. In addition, the Board of Health may require the applicant to connect the building to Town water if the well water tests results indicate higher than average levels of a certain parameter. (5) No more than 15 persons may occupy the building. (( 6 ) This variance is. not transferable, and will be -voided if the establishment has._a change in use,__change-of ownership, _or leased,` o a party .other than_an:`applicant_., I` •,,� CF 1HE TO ' ,. TOWN OF I3ARNSTABLE � i BAAll9TADLE, M Be.. 1'J Board of Health �0 MAY FROM THE OFFICE OF_�1pY1� IV • Liz LAJ C�1=rjn�Ic,{�1,. f i�� x��y. / 17S7S_ 0.,j sQ- r(I- V IE'-Lo J �) 5 uuj �v � a YY���� C.l k,ca K)-0,j ocr I �f� 1 T 1. 4 TOWN OF BARNSTABLE CF 7H E Taw OFFICE OF HJH39TOBL : BOARD OF HEALTH PAS& woe,i639• gee 367 MAIN STREET 'EO MPY P' HYANNIS, MASS.02601 November 14, 1991 Frank McDonough 1471 Route 132 . Hyannis, MA 02601 Dear Mr. McDonough: You are granted permission to utilize the existing onsite well at 1575 Route 132 , Centerville, MA. , with the following conditions: ( 1) The well water shall be tested for the following parameters at least once every six (6) months: pH, conductivity, sodium, nitrate-nitrogen, iron, and total coliform bacteria. Copies of all water tests shall be sent to the Barnstable Health Department. (2 ) The well water shall be tested for volatile organic compounds at least once every year. Copies of all water tests shall be sent to the Health Department. ( 3) The building shall be connected to Town water when public water is available. (4 ) If at any time, any of the test results indicate that the well water has higher than average levels of a certain parameter, more frequent testing may be required by the Board. In addition, the Board of Health may require the applicant to connect the building to Town water if the well water tests results indicate higher than average levels of a certain parameter. (5 ) No more than 15 persons may occupy the building. (6) This variance is not transferable, and will be voided if the establishment has a change in use, change of ownership, or leased to a party other than an applicant. � r This approval is granted be cause recent well test results indicate that the well water meets all the parameters of the Safe Water Drinking Act of 1974, revised 1986 and 1990. Yours truly, Joseph C. Snow, M.D. Chairman BOARD OF HEALTH TOWN OF BARNSTABLE JCS/bcs cc: Robert McDonough �oFTHE To� TOWN OF BARNSTABLE Q � OFFICE OF Hsaa9TeHr, BOARD OF HEALTH y MAed A aMAR 367 MAIN STREET HYANNIS, MASS.02601 i Mark H. Boudreau, Esq. March 16, 1992 Law Offices of Philip M. Boudreau 396 North Street Hyannis, Ma. 02601 Dear Attorney Boudreau, The Board of Health reviewed the proposed language you submitted in your letter dated March 6, 1992 concerning 1575 Route 132 Centerville, Ma. The word "be" should be inserted between the words "This variance will" and the words "voided if the site in question. . . " . The Board of Health accepts this language, with this minor revision, as a replacement for condition #6 of the permission letter addressed to Mr. Frank McDonough dated November 14, 1991. Attached is a revised permission letter with this replacement language. Sincerely Yours, ll Joseph C. Snow, M.D. Chairman Board of Health Town of Barnstable o1 -1. The Town of Barnstable '�2[3 e A,- � I siesSriet = Health Department "641 367 Main Street Hyannis, MA 02601 Office 508-790-6265 FAX 508-775-3344 Thomas A. McKean Director of Public Health March 9, 1992 TO: Robert Smith, Town Attorney FROM: Thomas McKean, Director of Public Health- RE: Letter From Mark Boudreau On Friday March 6, 1992, I handed you a letter from Attorney Mark Boudreau and a copy of the Board of Health permission letter to Mr. Frank McDonough. Attorney Boudreau wishes to replace condition #6 of the permission letter to make the property more marketable. Attached I am sending you a copy of the Board of Health Board meeting. This item is agenda for this Tuesday night's proposed to be on the agenda for 8:00 P.M. Please let me know whether or not there is sufficient time to review the language before Tuesday night's Board meeting. If need be, I can reschedule this for another date. Please let me know, thank you. 2C V_' C O6ka uo�� er�`�S � ova. ( c ( cup -4.d` ,-- , �j aE.�C�P J Hu , l CpOnoc��/� ! uS � o -\ Xr �v�'" e rD61c �� U oA Cp S�Jo4to ���� �j�R,�f/ C9z.c�er 1G .. ,,.tom- �'�'Sys LAW OFFICES OF Pl ILIP N. .BOUDREAU 896 NORTH STREET HYANNIS,MASSACHUSETTS 02rdo1 MAR 6 1992 lo (508)775-1085 TELEFAX (508) 771.0722 TOWN ATTORNEY PIIILIP M. DOUDlst:nu TOWN OF BARNSTABLE PHILIP MICIIAEL B011DRFAV MMIK H. souDREAU March 6, 1992 Thomas A. McKean Director of Public Health Health Department Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: Occupancy Permit 1575 Rte. 132, Centerville, MA Frank McDonough Dear Mr. McKean: As per our conversation this mo ing, I propose that the following language be substitut d to Paragraph 6 in the Board of Health letter to Fr k McDonough dated November 14 1991 : , This variance wi'1"1 voided if-the--sitep-in--question -has- a citinge 1n `-use from the _ uses now allowed under they `byTlaW- 8 ' of the �t�own - of_ Barnstable in '-the pertinent' zoning dis.tri_ct , and the-. new use is° reasonably- considered to increase ,the use- of`ws;ter:on_the This change . simply allows Mr. McDonough to make use of his buildings as is allowed under the current by-law. Although this particular occupancy permit :is labelled a variance in the Board of Health letter, there is no need for the variance. The site in question is over a thousand feet from town water. I Look forward to meeting with you at around 3 o'clock this afternoon to discuss this matter further. Thank you for your help in this regard. Sincerely , Mark H. Boudreau Aj I i � r OFFICE OF TOWN ATTORNEY TOWN OF BARNSTABLE INTER-OFFICE MEMO DATE: March 9, 1992 TO: TOM MCKEAN, Director, Board of Health c FROM: ROBERT D. SMITH, Town Attorney [ J • ] RE: Occupancy Permit, Frank McDonough OUR FILE REF. : 92-0035 ------------------------------------------------------------------- I am in receipt of your memo to me on the above subject matter dated 3/6/92 and have no problem with the language (with its slight insertion) as proposed by Attorney Mark Boudreau in his letter to you of March 6, 1992, provided it reflects the intent of the Board of Health. I trust the above is responsive to your request to provide a recommendation to you and, if not, please be in touch. RDS:cg Atchmt. [HELTHMEM] f vFTNETow TOWN OF BARNSTABLE OFFICE OF : eeaasTser, MAl6. BOARD OF HEALTH � aj C� 1639. MAYO 367 MAIN STREET E� �' HYANNIS, MASS.02601 November 14, 1991 Frank McDonough 1471 Route 132 Hyannis, MA 02601 Dear Mr. McDonough: You are granted permission to utilize the existing onsite well at 1575 Route 132, Centerville, MA. , with the following conditions: ( 1) The well water shall be tested for the following parameters at least once every six (6) months: pH, conductivity, sodium, nitrate-nitrogen, iron, and total coliform bacteria. Copies of all water tests shall be sent to the Barnstable Health Department. (2 ) The well water shall be tested for volatile organic compounds at least once every year. Copies of all water tests shall be sent to the Health Department. (3) The building shall be connected to Town water when public water is available. (4 ) If at any time, any of the test results indicate that the well water has higher than average levels of a certain parameter, more frequent testing may be required by the Board. In addition, the Board of Health may require the applicant to connect the building to Town water if the well water tests results indicate higher than average levels of a certain parameter. (5) No more than 15 persons may occupy the building. (6) This variance is not transferable, and will be voided if the establishment has a change in use, change of ownership, or leased to a party other than an applicant. s d This approval is granted because recent well test results indicate that the well water meets all the parameters of the Safe Water Drinking Act of 1974, revised 1986 and 1990. Yours truly, 7 Joseph C. Snow, M.D. Chairman BOARD OF HEALTH TOWN OF BARNSTABLE JCS/bcs cc: Robert McDonough Thomas A. McKean Director of Public Health t5 �' ''���; {`-z. Town of Barnstable OCT 1 5 1991 ,. 367 Main St. Hyannis, Mass . 02601 � ' " ' •""'�"'� ', October 13, 1991 Dear Mr . McKean: I recently received a copy of a letter from you, dated September 20, 1991 that Mr . Frank R. McDonough sent the Board of Health. It is my recollection that Mr McDonough did voluntarily agree to connect his new lodging house 1575 Route 132 to public water before being directed to do so by the Board of Health or its representatives . However it was the Board 's policy to require all Motels, Hotels, Inns or any other facility licensed by the Board to connect to public water . This policy also included facilities licenced by the Selectmen that required Health Dept. inspections . The Board felt strongly that establishments serving the public located off Route 132 should be serviced by public water . The testing of water from wells near this proposed establishment revealed sodium levels that exceeded the federal and state standards . Testing also showed higher than average nitrate counts . The Board had little faith in the Department now known as D.E.P. to monitor and administrate the regulations governing non- community wells that routinely served the public. This was part of the rationale for requiring the connection to public water if at all feasible . We also tried to be fair in granting extensions of time for existing facilities to connect . However we always made it quite clear that connecting to public water was required for all new facilities if it could be made available . The cost although considered was not the major factor in making this decision. The protection of public health was the paramount factor . Please call me if you have any questions . Ve y trul yours n M. Kelly Village Lane Harwich, Mas . 02645 11:1Ti/1 o� 0 11Ci tau; n n +tt s rn f t ftf rr ntt tt mm+r+tnrnrttn mnttnmrtttttr+nnnnnmttt ntt nttrssfttr,+,rtnftnt,n,e,srsrnrrtrerrftrtntnnn tt�m r..!!m m!!mtrtttttttftilt!!m!n tt ftttsnt+rrttt, :a::?t:L•,?:??::a:LL::l::?::::1„?..:.:.:..:::::::::::t:::,:,.,:,;;.;;;,,,::,,,::::::;.;.,:?::::...:,::,,;,:::::,::::::, 1..L•::1.:....-...... .:: . :,, : ::::1:tt:it::: ::. ::::,, P E VUKOFTEC LAE®RAT®RIES Mass. Cert. #:MA063 449 Route 130 Sandwich,MA 02563 (508) 888-6460 -- CLIENT: Presidential Motor Lodge LOCATION Same _ 1555 Rte 132 _ - ADDRESS: Hyannis MA 02601 COLLECTED BY: R. SAMPLE DATE: 5-14-91 TIME: noon DATE RECEIVED 5_14-91 SAMPLE ID: 499 Existin Well " JOB : g WELL DEPTH: c - RESULTS OF ANALYSIS: Parameter Units Recommended limit Result 3 z 0 0 Coliform bacteria;'100 ml (MF Method) pH PH units e.i) R 5 5.92 Conductance umhos.'cm 300 138 Z. Sodium mg 'L — —-- 20.0 15.7 Nitrate N mg;'L 10.0 2.95 - Iron mg/L —_---_— �) 3 0.52 Manganese mgi L - 0.05 Hardness mg/L as CaCO 3 500 -- :; . Sulfate mg/L 250 Potassium mg/L 20.0 z_ Alkalinity mg/L — ------- 200 --- — - mgi L r c Chloride 2�0 Turbidity NTU 5.0 r= APC units 15.0 Color _A Background bacteria COMMENT: Iron level is not a health hazard. I EF E_. E:: YES No WATER IS SUITABLE FOR DRINKING PURPOSES FOR PARAMETERS TESTED. e= )UX El i DATE —�� ��'1'{'t111111111111iliUlllillllllllllUllliliUlilillUlllillUllilU!!lUl1►llll,illliUhuhlUf!lulu,Nul,ulu Isis UWWII uulu,i,iiiiiiiiliiUiiiii ii iillu'liiiillitiiiillltiiiilUlilitililllilliiliiillil llliillllliiliiiUlilliil�` r - o Frank R. & Catherine Mc Donough 1471 Route 132 Hyannis, MA 02601 May 11, 1987 Barnstable Board of Health Town Hall, South Street, Hyannis, MA 02601. Dear Sir, This is to state we will connect town water to our proposed lodging house to be located at 1575 Route 132, Centerville MA 02632 by May 1988. Sincerely, :47 Fran Jk R. Mc onough Catherine Mc Donough r Frank R.Mc Donough 1471 Route 132 • Hyannis,MA 02601 • (508)362-4480 September 20,1991 Barnstable Board of Health Barnstable Town Hall Main Street Hyannis, MA 02601 RE: Property at 1575 Route 132, Centerville/Occupancy Permit I am writing this in order to salvage a situation that is filled with great misunderstanding in the interest of getting the long overdue occupancy permit for this building. The original permitting agreement on this property did not require installing town water. On my own initiative, I discussed the situation with Mr. Tom Mullin, the Barnstable Water Superintendent at that time. Mr. Mullin inspected the property and it was agreed that I could have an eight (8) inch water line installed to this property and the adjacent property, the Presidential Motel,for a cost of$17,900.00. This plan is in the Barnstable Board of Health files. Subsequently, I discussed the situation with Mr. Kelly at the Board of Health and asked if in the interim we could tie into the Presidential well until town water was installed. He agreed to this and I sent a letter that the Presidential water would not be used for more than one (1) year. Since Mr. Kelly was knowledgable about the history of the property, I did not reiterate the entire situation in this letter, merely the latest agreement. At no time was I required to install town water,I was seeking this for my own personal reasons. The aforementioned discussions were held during the construction period of the building. Thereafter, the contractor defaulted prior to the completion of the building. Another contractor was hired but the result was that the building was finished one and one-half(1 1/2) years later than scheduled. I had not tied into the Presidential Motel well and was considering foregoing town water because of the cost and using the high quality well water from the property. It had%been my choice originally to do otherwise. I returned to the Barnstable Water Department and talked with Mr. Jon Erickson, the new Superintendent. I familiarized him with the previous discussions with Mr. Mullin and Mr. Kelly. He insisted that a twelve (12) inch line must be installed not an eight (8) inch. The cost to install the twelve (12) inch water line at that time was approximately$35,000 which I could not afford then and cannot now. Therefore, I installed a separate well on the property. Upon returning to the Board of Health believing that there would be no problems gaining the occupancy permit , I found that Mr. Kelly had retired. The new director of the Board of Health pulled the letter I had written to Mr. Kelly and insisted that it implied that I MUST install town water. He paid no heed to the preliminary details to that letter. I asked for a hearing and was denied an occupancy permit. This was in 1989. The well water from this property is better quality than town water(see test report) supplied to our Rainbow Motel property at 1471 Route 132,Hyannis. I am familiar with zoning and health laws in the Town of Barnstable and cannot find any requiring hook-up to town water if potable quality is available on site. This situation is causing us financial hardship and I believe that town officials have acted without full understanding of the laws or situation. The mortgage and real estate taxes are in arrears due to this situation and unless the situation is resolved shortly, this will most likely be an RTC property. I would appreciate your immediate attention on this matter. Sincerely, f� //" iGC l Frank R. McDonough Log Number: Bottle # BC273A1 Date: Feb. 13, 1989 BARNSTABLE COUNTY HEALTH AND ENVIRONMENTAL DEPARTMENT a 7 SUPERIOR COURT HOUSE v BARNSTABLE, MASSACHUSETTS 02630 o • A56 DRINKING WATER LABORATORY ANALYSIS. PHONE: 362-25!! Ext. 337 Client: Frank McDonough Collector: Louis Kapolis Mailing Address: 1575 Ivanough Road Affiliation:. lie-11 driller _ Hyannis, MA 02601 Ttme & Date of _ Collection: 2/9/89 10:15 a.m. Telephone: 394-0777 Type of Supply: well _ Sample Location: 1575'Iyanough -Rd_ Well Depth: 45' _Hyannis MA Date of Analysis: 2/9/89 10:45 a.m. _ PARAMETER SAMPLE RESULT 1 RECOMMENDED LIMITS Total Coliform Bacteria/100 ml -0 0 H 5.4 I Conductivity (micromhos/cm) 174 1 500.0 Iron ( m) <.1 I 0.3 _ Nitrate-Nitrogen ( m) 4.0 , 10.0 Sodium ( m) 19 20.0 i I . Water sample meets the recommended limits for drinking of all above tested parameters . II . XX 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. X 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 pl,umbinlj . C. Water may present aesthetic problems (taste, odor, staining) due to D. Water sample has high levels of sodium. Persons on low sodium diets should consult their doctor. IIi. Due to one or more of the reasons checked below, this water sample is unfit for human consumption: A. High Bacteria B. High Nitrates REMARKS: r�� F_�'irnmenai 'iF�n consent. E'.._ i.�..:o CC: Barnstable Board of Health CC: Blue Rock Well Drilling Laboratory Director 1 /7/85 � o BARNSTABLE COUNTY HEALTH AND ENVIRONMENTAL DEPARTMENT LABORATORY REPORT VOLATILE ORGANIC CHEMICAL ANALYTICAL RESULTS Client : FRANK MCDONOUGH Collection Date: 09/26/91 Mailing Address:1471 ROUTE 132 Date of Analysis:09/26/91 HYANNIS MA 02601 Type of Supply: WELL Well Depth (FT) : Not Given Telephone : 362-3217/4881 Sample Location: 1575 ROUTE 132 LAT. (DDMMSS) : Not Given BARNSTABLE LONG. (DDMMSS) : Not Given Collector: C . STIEFEL Map/Parcel : Affiliation : BCHED Analytical Method: 502 . 1=1 , 502.2=2, 503 . 1=3 , 504=4 , 524 . 1=5, 524 . 2=6, 502. 1/503=7 -=----------------------------------=-------------------------------- --------------------------------------------------------------------- Contaminants Anal . Result MCL Detection Detected Meth. ug/l ug/1 Limits (ug/1) --------------------------------------------------------------------- *** NO COMPOUNDS DETECTED *** 7 Only those compounds listed above were detected. Attached is a list of compounds for which this sample was analyzed . NOTE: Contaminant levels equal to or exceeding the Detection Limits are reported. MCL means Maximum Contaminant Level for EPA-regulated compounds . (ug/l = micrograms per liter = Parts Per Billion) The Environmental Protection Agency has set Maximum Contaminant Levels (MCL) for the following compounds. This sample compares as follows: COMPOUND MCL (in PPB) Benzene 5.0 * level not exceeded * Carbon Tetrachloride 5.0 * level not exceeded * 1 , 2-Dichloroethane 5.0 * level not exceeded * 1 , 1-Dichloroethene 7 .0 * level not exceeded * 1 , 4-Dichlorobenzene 75 * level not exceeded * 1 ,1 , 1-Trichloroethane 200 * level not exceeded * Trichloroethene 5.0 * level not exceeded * Vinyl Chloride 2 .0 * level not exceeded * Comments or additional compounds found: Bernard "E. .Bartels , .D. LaJrWatory `Director .Y n K. t 4Y a xC ! ". AFiNSTASLE COUNTY HEALTH AND ENVIRONMENTAL DEPARTMENT SWPERIOR COURT HOUSE p BARNSTABLE. MASSACHUSETTS 02630 J TABLE 1 . Compounds Detectable by EPA Method 502.1* P HONE: 362-2511 Mn s� EXT. 330 LAB 337 COMPOUND D.L. COMPOUND D.L. CLINIC 340 Benzene 0.5 1,1-Dichloroethane 0.5 Carbontetrachloride 0.5 1,1-Dichloropropene 0.5 1_,1-Dichloroethylene 0.5 1 ,3-Dichloropropene 0.5 1 ,2-Dichloroethane ' 0.5 1 ,2-Dichloropropane 0.5 para Dichlorobenzene 0.5 1 ,3-Dichloropropane 0.5 Trichloroethylene 0.5 2,2-Dichloropropane 0.5 1 ,1 ,1-Trichloroethane 0.5 Ethylbenzene 0.5 Vinyl Chloride 0.5 Styrene 0.5 Bromobenzene 0.5 1 ,1 ,2-Trichloroethane 0.5 Bromodichloromethane 0.5 1,1 ,1 ,2-Tetrachloroethane 0.5 Bromoform 0.5 1 ,1 ,2,2-Tetrachloroethane 0.5 Bromomethane 0.5 Tetrachloroethylene 0.5 Chlorobenzene 0.5 1 ,2,3-Trichloropropane 0.5 Chlorodibromomethane 0.5 Toluene 0.5 Chloroethane 0.5 para Xylene 0.5 Chloroform 0.5 ortho Xylene 0.5 Chloromethane 0.5 meta Xylene 0.5 .ortho Chlorotoluene 0.5 Bromochloromethane 0.5 para Chlorotoluene 0.5 - Dichlorodifluoromethane 0.5 Dibromomethane 0.5 Fluorotrichloromethane 0.5 meta Dichlorobenzene 0.5 Hexachlorobutadiene 0.5 ortho Dichlorobenzene 0.5 Isopropylbenzene 0.5 a trans-1 ,2 Dichloroethylene 0.5 n-Propylbenzene 0.5 cis-1 ,2 Dichloroethylene 0.5 Sec-butylbenzene 0.5 Dichloromethane 0.5 Tert-butylbenzene 0.5 D.L. is Detection Limit in micrograms per liter or parts per billion (ppb) . This table lists our normal limits of detection. If we report a smaller amount, then our detection limit was lower for that analysis. *A photoionization detector is used in series with the electroconductivity detector, thus allowing for the analysis of most of the compounds listed in EPA Method 503.1 as well . TABLE 2. - Compounds which have Maximum Contaminant Levels (MCLs) set by the Environmental Protection Agency. COMPOUND MCL (in ppb) Benzene 5.0 Carbontetrachloride , 5.0 .1 ,2-Dichloroethane 5.0 i.,l-Dichloroethylene 7.0 para Dichlorobenzene 75 1 ,1 ,1-Trichloroethane 200 Trichloroethylene 5.0 : Vinyl Chloride 2.0 .Total Trihalomethanes 100 Chloroform, Bromodichloromethane, Chlorodibromomethane, and Bromoform comprise the total trihalomethanes , 77 f �.fi"itt i f �t•�rrrrt��nrr:,tintt�inrintn�mrtiif rrt-ttrtntrtntrr;r::t:nttn:intnttmtrrttntnrrnrrmttrrtnttt t:tnfrttrttrn:rfrnttttrtnrttrrnr��nsn�r�r:::narann:rrstn n:rsvrn n::rnrttnt nttm ENVIROTECH LABORATORIES Mass. Cert. #:MA063 == �9 Route 130 Sandwich,MA 02563 (508) SSS-6460 =- CLIENT F. :,IcDonou,h _ -- -------------------------------- - --- i-OCAT O\ �ar�e ADDRESS: 1575 Rte 132 --- - -- ---- ------- Barnstab' e. u=63r' _ COLLECTED BY: — - --- SAMPLE DATE 7;' T 31 %" _ - - t L E: DATE RECEIVED 8/_-`O'-- SAMPLE ID ;'140 Existing I;'ell JOB =: —_-- IVELL DEPTH -- -- = RESULTS OF ANALYSIS: Parameter Units Recomr,-,,ei-ce: fimii Resuii = Coliform bacteria 100 mi NF `.le;hodi (? _ 0 - PH Di i u as ------ - i 5.43 _= Conductance u.,:nns cm — -- — �C!0--- == 113 Sodium 9.4 =_ Nitrate-N --- - — -= mg; L 10 0 - 1 .12 - Iron mg-L ------ -- -1� 3 -_ 0.09 = Manganese mg, L - 0.05 = Hardness mg;L as CaCO 500 =_ 3 Sulfate mg;'L 250 Potassium mg/L 20.0 Alkalinity mg i --- 200 --- Chloride mg/L - 250 - Turbidity NTU --- ------ 5.0 = = Color APC-units 15.0 � _3 Background bacteria c COMMENT: Low pH indicates high corrosive characteristics. - C a3 C '7 YES No WATER IS SUITABLE FOR DRINKING PURPOSES FOR PARAMETERS TESTED. DATE T t:uluuuul:ul:!lhillulltlu:llluLLluutua:u:uuiasiiiiiiiiiiiiiiiiiiiiiiiiiiiiidiuiiiiiiiiiiiiii:iiiiiiEiiiiiEiiiii""' "'' '"' `'` "'�"''""•'` `" • ::'::'� �• �� ���� �� ���` •��• •. � — — + � •\`�uuuu:un::u:utuu.u::::c::::::::u:..:..t::u:uuuuu:lu:lulauu::au:uu::uuu::uut �fj✓►C v ►�Nw�� ��i 5�'P� 6 e L�k LC-11, S.-, yoc, }a VARNSTADL 36 7 Main Street, ., "nn,e, Ma. 02601 NOTICE OF HEARING The Board of Selectmen will hold a hearing on the application of Frank McDonough for a lodging house located at 1575 Route 132, Hyannis, Ma. on Thursday, June 11 , 1987 at 10:00 a.m. in the Selectmen's Conference Room, 367 Main Street, Hyannis, Ma. May,29, 1987 Martin J. Flynn Must connect to public water next Spring, prior to licensing of adjacent motel. Maximum number William T. Friel of lodgers ,(11) eleven persons. Well water must be tested in accordance with Board of 'Selectmen D.E.Q.E. Regulations and must meet all State Town Of Barnstable Standards for drinking water. J n M. Kelly irector of Public Heal LEgal Ad - Barnstable Patriot for 6/4/87 PLEASE BILL LEGAL AD TO: Frank McDonough 1471 Route 132 Hyannis, Ma. 02601 id Avotv -0/ 940a&&1r, ARARwran 00�\1639. 36 7 Min Sher/, A"nnid, M.M. 02601 NOTICE OF HEARING The Board of Selectmen will hold a hearing on the application of Frank McDonough for a lodging house located at 1575 Route 132, Hyannis, Ma. on Thursday, June 11 1987 at 10:00 a.m. in the Selectmen's Conference Room, 361 Main Street, Hyannis, Martin J. Flynn William T. Friel Board of Selectmen Town of Barnstable Legal Ad - Barnstable Patriot for 6/4/87 PLEASE BILL LEGAL AD TO: /L<<.I- r Frank McDonough ,LE)(r j�''��� 1471 Route 132 Hyannis, Ma. 02601 v�y�E`� G o �` ( // CT OJz Gam,-•�N r 6e tu�rr�h /J w/ry vGGi nG�S .cam pn C�E 1 _ r ��fd1f rok i SELECTMEN'S MEETINGS it JUNE tZ, 1987 MINUTES The meeting was held at 10:00 a.m. with Martin J. Flynn and William T. Friel present. A hearing was held on the application of Frank McDonough for a new lodging house, located at 1575 Route 132, Hyannis, M.a He stated that this was a new building and his daughter Ellen will occupy the property and be the manager. He is requesting six lodgers. It is a colonial type building with two floors and there are 9 parking spaces and one full kitchen. Mr. Friel made a motion to approve this request and that his daughter will be manager and that he will abide by the Board of Health request and that it be for a maximum of six lodgers. It was a majority vote. The renewal of the ldoging house license for Richard Carroll d/b/a Longdell was approved. A Fourth of July parade was approved for Barnstable Village on July 4, 1987 at 9:30 a.m. A hearing was held on the application of DONMAC Inc. d/b/a Asa Bearse House; Donald Mc Keag, Mgr. for a new common victualer, all alcoholic license. Stephen Jones, Esq. represented Mr. Mc Keag. Mr. Jones stated that it would be operated exactly as before. No increase in seating and no change in the style of entertainment. It would be a piano player and a jazz trio. This license had been returned under Ch. 11 so there is no valid license on the premises. This was for a new license and new applicant. Mr. Mc Keag formerly owned these premises and now has it back. It was a majority vote to approve this application. Marjorie Ayer Sullivan was in to request a limousine license to be garaged at 660 Yarmouth Road, Hyannis. She has one vehicle - a 1985 Fleetwood Cadillac. She holds a Barnstable taxicab driver permit and drives for her grandfather, Milton Babcock. Mr. Geiler stated that he would look at the property and check with the police dept. on the permits. It was a majority vote to take this application under advisement until a site visit is made. A letter from the Action for Nuclear Disarmament: Cape Cod to hold a vigil at the West End Rotary on Friday evenings throughout the summer was taken under advisement and a letter will be sent to the Chief of Police and the DPW to ask for their comments and to ask representative from this organization to come in in two weeks. Mr. Friel made an announcement that the Board would be putting out requests for proposals on Race Lane Farms. The proposals will stated that it should be used for general equestrian use, community gardens, community picnic area and therepeutic riding classes . as that is what the general public seems to want. They have held hearings and meetings and two open houses for public. input. It was a majority vote to put out RFP's for Cape Cod Farm Stables. Mr. Flynn stated that the Board has for the past five years negotiated for the Armory for senior citizens and have been assured that when they build a new national guard armory at Otis they in turn will turn this building over to the Town. In the meantime they have offered to the senior citizens the use of this building for activities during the daytime and a meeting is set for next Wednesday with Captain Carter to work out the details. They had offered the seniors the Gateway Marina but it was found that it would cost over $150,000. to bring it up to par - heat, bathrooms ntc. Mr. Flynn said that the Board appreciate the cooperation that the Guard has given us and they have always enjoyed good relations. Mr. Flynn stated that two weeks ago they announced the scholarship-- available - i v- 1g.s, to N v, 16 54 O N (o 1 6-56 LOT 1 A co 0 M + \ N \ . .SlNALr k1 o.e' m NOTES= [THIS PLAN IS VALID ONLY IF IT— IS STAMPED AND SIGNED IN RED. THIS OFFICE ASSUMES NO i RESPONSIBILITY FOR INFORMATION CONTAINED ON COPIES WHICH DO NOT HAVE ORIGINAL STAMPS AND SIGNATURES IN RED AS- BUILT PLOT PLAN 2.THIS PLAN WAS NOT PREPARED TO THE STANDARDS SET FORTH IN 250 CMR SECTION 6.04 ,EiNs��,g� MASS. THEREFORE THIS PLAN IS NOT TO BE USED FOR TITLE INSURANCE PURPOSES Lot -14 / iy eT 7 i32 I CERTIFY To �1ES BS.t/,4Hq�/ I LAND, USE TECHNOLOGY, INC AND •TO 171�57 22KA/ 0l e4441_57A- f - I FORMERLY R. J. O'HEARN , INC. ) THAT TO THE BEST OF MY INFORMATION , SWAN RIVER PLAZA , 35 ROUTE 134 UNIT 3 KNOWLEDGE , AND BELIEF , THE SOUTH DENNIS, MA. 0266b SHOWN ON THIS PLAN ,.•:SE IECHryp�''a� �D® Ne. Q ; HAS BEEN LOCATED ON THE GROU�I V'—A--ArS� lJ7-3c� ! i IS Off, INDICATED AND HAT IT IS LQCATE��M� �.`�� ; •.. DATE FLOOD ZONE PER FLOOD;.lief A ! . . RATE MAP DATED % _ '' p'I � i : CLIENTS�F�flgit/ d RN - � ; INC. 1911 1 27371 �o �:• SCALE �;/po j • . , • Erg$?ER O •, i ca �J Z�'y •, ,• J 111p,63 G. ROFES A LAND SURVEYO' •�"'••������" SHEET / OF The Musical Extravaganza Lyytf.-, O f 4 Aulic of tfiz 30 i tfi70Ugfi tfiz 6o '_ Featuring Roy Richard, Noreen Lopes, Brenda Roberts, Melinda Goss and Rosemary Kavanagh Friday, April 5 & Saturdav, April 6 at 8 PM Tickets $8,00 For Reservations & Info „ ;,"gin call the Box Office at '1�2-3333 Village Hall Rt, SA Barnstable Village .. -Now eta t< �t �tJL w6 Occu f kt y�csvt II 0-n n i J GCC 0 Log Number: Bottle # BG273A1 Date: Feb. 13, 19C9 BAIQ BARNSTABLE COUNTY HEALTH AND ENVIRONMENTAL DEPARTMENT a 7 SUPERIOR COURTHOUSE v BARNSTABLE, MASSACHUSETTS 02630 o • Asa DRINKING WATER LABORATORY ANALYSIS PHONE: 362_251' Ext. 337 Client: Frank McDonough Collector: Louis Kapolis Mailing Address: 1575 Iyanouah Road Affiliation: well driller _ Hyannis, 'MA 02601 _ Time & .Date of Collection: 2/9/89 10.15 a.m. Telephone: 394-0777 _ Type of Supply: v#el Sample Location:. 1575 Iyanouah Rd. Well Depth: - _ Hyannis. NSA Date of Analysis: 1/9/89 10.45 am. ._ PARAMETER SAMPLE RESULT RECOMMENDED LIMITS Total Coliform Bacteria/100 ml 0 0 H- Y 5.4 Conductivity (micromhos/cm) 174 500.0 Iron ( m) <,1 0.3 Nitrate-Nitro en, ( m) 4.0 10.0 Sodium ( m) 19 20.0 _ Y I . Water sample meets the recommended limits for drinking of all above tested parameters. II< XX . 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. X 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 wate'r 'may shorten the useful life of 'the house's pIumbiily C. Water may present aesthetic problems (taste, odor, staining) due to D. Water sample has high levels of sodium. Persons on low sodium diets should consult their doctor. III. Due to one or more of the reasons checked below, this water sample is unfit for human consumption: A. High Bacteria B. High Nitrates REMARKS: CC: Barnstable Board of Health CC: Blue Rock Well Drilling Labor irec or' 1 /7/85 I f 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 are generally considered unacceptable and may have a laxative effect upon users. Iron The presence of iron in water in concentration of .3 ppm or greater may: give the water a bittersweet astringent taste,cause an unpleasant odor, often gives the water a brownish color and cause staining of laundry and porcelain. The average concentration of iron in Cape Cod's water is .2 - .6 ppm. Although the presence of iron in water may cause the problems listed above, it is not considered deleterious to health. Iron may be removed by use of an iron removal system. Nitrate-nitrogen The Massachusetts Drinking Water Regulations have set a maximum contaminant level for nitrates at 10 ppm. Excessive concentrations may cause 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. J" i .•�I; �. 'r r _ 'rt . ` .,��." ^w..: :y,. n..r .�.;..�. .,.r"s l-h:. y;: ,�, ti. . 'b.... .. ..yyry+'jui,,.,,,cx'.'1fa+. { Date: Feb. 1, 19€9 Number: ���i55 Bottle # FRANK Res BARNSTABLE COUNTY HEALTH AND ENVIRONMENTAL DEPARTMENT a SUPERIOR COURT HOUSE O' BARNSTABLE, MASSACHUSETTS 02630 _ Asa DRINKING WATER LABORATORY ANALYSIS PHONE: 362_251' Ext. 337 Client: Frank fbonough Collector: . Nicholas Kopelis Mailing Address: 1575 lyanouq'h Road Affiliation: well driller Hyannis, GIA 02601 Time & Date of Collection: 1/31/89 9.00 a.m. _ Telephone: 394-0777 i Type of Supply: well _ Sample Location: 1576 I.yanduqh Rd. Well Depth: 45' _ Hyannis, MA Date of Analysis: 1/31/89 12:10 P.M. PARAMETER, SAMPLE RESULT RECOMMENDED LIMITS'. f.�. Total Coliform Bacteria/100 ml f� i ' H 5.5 Conductivity (micromhos/cm) 170 500.0 'Ir:on (p pm) t ' J#4' ' 0.3 Nitrate-Nitro en '( m) �" 4:0" 10.-0 _- 'Sodium' ( m) 119 20.0 I • 7r 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�z(2-3--times per year). to _establ ish.•any-_upward. trends. B. The low pH of the water may shorten the useful life of the house's plumbiny. C. Water may present aesthetic problems (taste, odor, staining) due to D. Water sample has high levels of sodium. Persons on low sodium diets should consult their doctor. III. Due to one or more of the reasons checked below, this water sample is unfit for human consumption: A. High Bacteria B. High Nitrates c ' REMARKS: This sample does not meet the bacteriological standard for drinking water. Retesting from another faucet is suggested. Also, water sample has higher than average levels of Nitrate. future monitoring is recommended (2-3 times perYyear)to establish any upward trends. Water may present aesthetic problems CC: (taste,odor,staining)due to iron: VIFC ,CC: Barnstable Board of Health Blue-Rock Well Drilling k Laboratory Director 117/85 r , I _ Explanation of Test Results Total Coliform Bacteria r of he sanitary quality of a water supply. Water supplies may become Coliform bacteria are an indicator t y q yPp contaminated from malfunctioning septic systems, cesspools and surface runoff. A total coliform count of zero indicates that your water supply is safe and approved for human consumption. A total coliform count of greater than zero is most often the result of accidental contamination of the sample bottle through improper sampling methods. For this reason, it would be advisable to retest any well water that is not approved. pH pH is the measure of acidity or alkalinityof the water.On the pH scale,the number 7 is neutral,less than 7 is acidic and more than 7 is alkaline. The pH of water on Cape Cod tends to be acidic in the range of 5.0 to 6.5. Conductivity Conductivity is a measure of the dissolved salts in solution.Amounts in excess of 500 micromhos/cm are 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 may cause the problems listed above, it is not considered deleterious to health. Iron may be removed by use of an iron removal system. Nitrate-nitrogen The Massachusetts Drinking Water Regulations have set a maximum contaminant level for nitrates at 10 ppm. Excessive concentrations may cause 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. ............:... . ::S:S::!!!t!!li::::::: ::: ..!.!. t::l:t::lt:t :!t tltt!:::57:::lt t!!t}::: !tl::ss:::::: ::::: Mti4 :: ,r +:;: ::r : ......... .... f{,,:f{# f •#,,; ff #::,ff## #::: f ff,,, ENVIROTECH LABORATORIES _ 449 Rte. 130• Sandwich,MA 02563• (617) 888-6460 CLIENT: Presidential Motel LOCATION: SAME ADDRESS: 1555 Rte 132 x' Hyannis,MA 02601 COLLECTED BY: Owner SAMPLE DATE:5���87 TIME: AM - DATE RECEIVED: 5 87 SAMPLE ID: E701 - JOB #: Existing Well WELL DEPTH: RESULTS OF ANALYSIS: Parameter Units Recommended limit Result Coliform bacteria/100 ml (MF Method) 0 0 j pH pH units 6.0-8.5 Conductance umhos/cm 500 Sodium mg/L 20.0 18.8 ss i Nitrate-N mg/L 10.0 Iron mg/L 0.3 iEE Manganese mg/L 0.05 Hardness mg/L as CaCO 3 500 Sulfate mg/L 250 Potassium mg/L 20.0 Alkalinity mg/L 200 Chloride mg/L 250 COMMENT: YES NO ❑ ❑ WATER IS SUITABLE FOR DRINKING PURPOSES FOR PARAMETERS TESTS DATE s..sssssssss:s..:ss.:.:.:s.ssss.sssss:s:.sus..::s:.:ss:s:.:ssssssssss:..ssss..:sss:sss:ssssssssssss{::::ss::sssssssss:ssss:sss::s:s::sss:sssssssssss::sss:sss::s ssss::ss:sssss::sss:ssss:ssssss:::s::::ss:s:::sss::sssl::::ssssss:ss:::ssss::u� Log Number: 6490 Bottle # E 2QL Date: August 21, 1986 �oF BAR4 BARNSTABLE COUNTY HEALTH AND ENVIRONMENTAL DEPARTMENT a � 7 SUPERIOR-COURT HOUSE BARNSTABLE, MASSACHUSETTS 02630 JW --�-3i ---�-- PHONE: 362-2511 XrAS6 DRINKING WATER LABORATORY ANALYSIS,,,�A*wi f} ,Y(1 '- Ext. 337 • i1�5:TYYtr�zi4a "6+nY '?, ,, , . - .'r, g;�'r1 ,:*•>r, . , Cl i ent. I is inov-, Country Lake Lode Collector: Stanley Baukus Mailing Address:- -R}• r"` Affiliation: . Hyann s, MA02691 ' Time &. Date of Collection: 8 Well 86 11:OOam Telephone: 362-6455 Type of Supply: We e ,z Sample Location: 1545 Rt. 132 Well Depth: 35' Hyannis, 11A Date of Analysis: 8/19/86, 1:20pm PARAMETER SAMPLE RESULT RECOMMENDED LIMITS Total Coliform Bacteria/l00 ml 0 0 pH $.0 ;'11I4!7TT1(rTJIT'tt'.{X :.A, 77r,,. : Conductivit micromhos/cm ll$•Q 500.0 Iron m t•1 0.3 Nitrate-Nitro en m Q•4 10.0 ,. �! ; M.9S 9:1 1.M"! .`)Sr:7'•, I. ,. . Vt. ♦ ev)'Tr1(, " . t':',•i5;. Sodium m ,F. st:,r:ti; �. �if 'RttR'� rSr`r 24.0 20.0 f' Tl f. � ) :+TI! Il'". ').,f •/RrI -r .1 .. . , i 'i.�t i I , Water sample meets the recommended limits for drinking of all above tested parameters. II . XX "''Based only on results of .the parameters Aes ted 'for.this sample, .the.water: :is ", suitable for drinking '' but may present the prohlms checked below:: . A. Water sample has higher than average level levels of Future monitoring is e recommended (2-3 times per year) to .. B. - The low pH of the water may shorten the useful life of the house's plumbing-777)ofl, Ti C. ,, Water1 may rpresent aesthetic problems (taste, odor, staining) due: to D. XX Water sample has high levels of sodium. Persons on low sodium diets should consult their doctor. III, Due to one or more of the reasons checked below, ,this water-sample .is unfit for human consumption: A. —�--Hi,ghaiBacteria� B.- High.Ni=trates REMARKS: "The Drinking Water Regulations of Massachusetts require signs to be posted indicating the high sodium level ." CC: Barnstable Board of Health CC: DEQE aboratory gi�rec or 1 /7/85 (/ Log Number: Bottle # BC273A1 Date: Feb. 13, 1989 BAR~3` BARNSTABLE COUNTY HEALTH AND ENVIRONMENTAL DEPARTMENT a a SUPERIOR COURT HOUSE V BARNSTABLE. MASSACHUSETTS 02630 o • Aso DRINKING WATER LABORATORY ANALYSIS PHONE: 362-251 1 Ext. 337 Client: Frank McDonough Collector: Louis Kapolis Mailing Address: 1575 Iyanou h Road Affiliation: - Well driller Hyannis, MA 0 601 Ttme & Date of Collection: 2/9/89 10:15 a.m. __ Telephone: 394-0777 Type of Supply: well Sample Location: 1575 Iyannuqh Rd- Well Depth: 45' _ Hyannis MA Date of Analysis: 2/9/89 10:45 a.m. PARAMETER SAMPLE RESULT ! RECOMMENDED LIMITS Total Coliform Bacteria/100 ml 0 i 0 i H 5.4 Conductivity (micromhos/cm) 174 i 500.0 Iron ( m) <.1 0.3 _ I Nitrate-Nitro en ( m) 4.0 10.0 Sodium ( m) 19 20.0 _ I . Water sample meets the recommended limits for drinking of all above tested parameters . II . XX 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. X 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 plumbinj . C. Water may present aesthetic problems (taste, odor, staining) due to D. Water sample has high levels of sodium. Persons on low sodium diets should consult their doctor. III. Due to one or more of the reasons checked below, this water sample is unfit for human consumption: A. High Bacteria B. High 11'itrates REMARKS: E ir.:;nmen`�i r'_. P: ..gin consent. CC: Barnstable Board of Health CC: Blue Rock Well Drilling 1 /7/85 Laboratory Director oFTwr:To TowNi OF IBARNSTABLE OFFICE OF o BARNSTABL:E aADW BOARD OF HEALTH i639. M 367 MAIN STREET HYANNIS, MASS. 02601 June 2, 1988 Mr. Frank R. McDonough 1471Iyanough Road Hyannis, Ma 02601 Dear Mr. McDonough: Your request for approval to obtain drinking water from an individual water supply well located at an abutting lot, to service your lodging house at 1575 Iyan.ough Road, Centervil'.e, Ma., is not granted. You agreed to connect the lodging house to public water by May 1988, per letter signed by you dated Mav 11, 1987, as a condition to obtaining a Disposal Works Construction Permit from the Boar3 of Health. The Health Department acted in good faith in approving; your building permit and onsite sewage disposal system for your proposed lodging house. Persons supplying potable. water to at;least 25 people, more than 60 days of the year, must receive approval from . the Department of Environmental Quality Engineering. According to the Department of Environmental Quality Engineering, the construction of a building which will require a new or modified source of potable water, shall be: prohibited unless and until the required approval is obtained. You did not receive approval from the Department of Environmental Quality Engineering. In addition, the lodging house is located within a commercial area and within a. critical zone of contribution to public water supply wells. Our records indicate that groundwater sodium levels have exceeded the recommended limit in this area. The Board strongly feels that this building should be connected to public water. Very truly yours, aC. M. Farrish, M.D. Chairman Ann Jane E hbaugh C j � r Ja ~es H. Croc�lor, Sr. _— -t-/G F/bs Perot a To�4 TOWN OF BARNSTABLE m�" �•^ OFFICE OF sea>rsrsL BOARD OF HEALTH 1�0 1639 oil M' 367 MAIN STREET HYANNIS, MASS. 02601 February,10, 1989 I Mr. Frank McDonough 1471 Iyanough Road Hyannis, Ma 02601 Dear Mr. McDonough: We are In receipt of a copy of a well water test report obtained from 1575 Iyanough Road, dated February 1, 1989 which states "This sample does not meet the bacteriological standard for drinking water". "Also, water sample has higher than average levels of nitrate". The Board of Health is anticipating your connecting the lodging house located at 1575 Iyanough Road, Centerville, to public water, because the Board disapproved your request to install a well May 24, 1988 and June 21, 1988, ' after you appeared at the Board meeting with your well driller, Nicholas Kapolis. Also, you agreed to connect the lodging.house to public water by May 1988, per letter signed by you dated May 11, 1987. The Board of Health approved a Disposal Works Construction Permit and your building permit for the lodging house on May 12, 1987. The Board of health will not approve an,-Occupancy Permit for this building ` nawll building"1,.r 1... �..�.:we.. 61 the building" . ...vt.�Gti �V �u oiic,wa�er. Sincerel Yours, 0 Grover C. M. Parrish, M.D. Chairman Board of Health Town of Barnstable GF/bs • � a i •4 ' 1 d i. 7 OF THEp� TOWN OF BARNSTABLE ! OFFICE OF i BARNSTAELZ MA0 BOARD OF HEALTH 039. \ 367 MAIN STREET �D MAY k- HYANNIS, MASS. 02601 July 7, 1988 Mr. Frank R. McDonough 1471 Iyanough Road Hyannis, Ma 02601 Dear Mr. McDonough: Your request for approval to install an onsite individual water supply well to service your lodging house at 1575 lyanough Road, Centerville, listed as parcel 19 and 100 on Assessor's Map 253, is not granted. You appeared at a Board Meeting on June 21, 1988, with your well driller, Mr. Nick Kapolis, to request approval to install an onsite individual water supply well. You agreed to connect the lodging house to public water by May 1988, per letter signed by you dated May 11, 1987. The Board of Health approved a Disposal Works Construction Permit and your building permit for the lodging house on May 12, 1988. - The lodging house is located within a commercial area and within a critical zone of contribution to public water, supply wells. Our records indicate that groundwater sodium levels have exceeded the recommended limit in this area. Very truly yours, a6�� Grover C. M. Farrish, M..D. Chairman Owu' 6 ' Ann Jand Eshbau;h am s H. Cr er, Sr. �r F/bs cc: Patrick M. Butler TOWN OF BARNSTABLE OfTHE TO OFFICE OF } seaaSTM BOARD OF HEALTH M Ail. �o 1639• 367 MAIN STREET �o MpY k' HYANNIS,MASS.02601 September 12, 1991 Mr. Robert McDonough 1471 Route 132 Hyannis, MA 02601 RE: 1575 Route 132, Hyannis Dear Mr. McDonough: Thank you for attending the Board of Health meeting on September 10, 1991. Your request to utilize the building at 1575 Route 132, Hyannis, without connecting to Town Water was discussed. However, the following questions remain to be answered: (1) Where is the subject drinking water well located? (2) Is it the same well which is utilized by the Presidential Motel building? (3) When was the well last tested? What are the results of the recent water test analysis from the subject well? If the water was not tested for volatile organic compounds within the last six (6) months, please have the water analyzed and the results submitted to the Board. Please submit the results of the water test, and the answers to the above questions on or before September 27, 1991 if you wish to discuss this matter with the Board of Health at their public meeting on October 8, 1991 If you are not able to submit the results before September 27, 1991, you will be scheduled for a future Board of Health meeting sometime after the October 8, 1991 Board Meeting. Thank you. Sincerely yours, a1ll�- �h ��� E y�� Ann Jane I s hbau g Chairman BOARD OF HEALTH TOWN OF BARNSTABLE AJE/bcs �i I Frank R.Mc Donough 1471 Route 132 • Hyannis,MA 02601 • (508)362-4480 September 20,1991 Barnstable Board of Health S E P 2 5 1991 Barnstable Town Hall HDITH DEFT. Main Street Hyannis, MA 02601 TOWN OF.BARNSTABIE RE: Property at 1575 Route 132, Centerville/Occupancy Permit ' I am writing this in order to salvage a situation that is filled with great misunderstanding in the interest of getting the long overdue occupancy permit for this building. The original permitting agreement on this property did not require installing town water. On my own initiative, I discussed the situation with Mr. Tom Mullin, the Barnstable Water Superintendent at that time. Mr. Mullin inspected the property and it was agreed that I could have an,eight (8) inch water line installed to this property and the adjacent property, the Presidential Motel,for a cost of$17,900.00.This plan is in the Barnstable Board of Health files. Subsequently, I discussed the situation with Mr. Kelly at the Board of Health and asked if in the interim we could tie into the Presidential well until town water was installed. He agreed to this and I sent a letter that the Presidential water would not be used for more than one (1) year. Since Mr. Kelly was knowledgable about the history of the property, I did not reiterate the entire situation in this letter, merely the latest agreement. At no time was I required to install town water,I was seeldng this for n'own personal reasons. The aforementioned discussions were held during the construction period of the building. Thereafter, the contractor defaulted prior to the completion of the building. Another contractor was hired but the result was that the building was finished one and one-half(1 1/2) years later than scheduled. I had not tied into the Presidential Motel well and was considering.foregoing town water because of the cost and using the high quality well water from the property. It had been my choice originally to do otherwise. I returned to the Barnstable Water Department and talked with Mr. Jon Erickson, the new ,Superintendent. I familiarized him with the previous discussions with Mr. Mullin and Mr. Kelly. He insisted that a twelve (12) inch line must be installed not an eight (8) inch. The cost to install the twelve(12)inch water line at that time was approximately$35,000 which I could not afford then and cannot now. Therefore, I installed a separate well on the property. Upon returning to the Board of Health believing that there would be no problems gaining the occupancy.permit , I found that Mr. Kelly had retired. The new director of the Board of Health pulled the letter I had written'to Mr. Kelly and insisted that it implied that I MUST install town water. He paid no heed to the preliminary details to that letter. I asked for a hearing and was denied an occupancy permit. This was in 1989. The well water from this property is better quality than town water(see test report) supplied to our Rainbow Motel property at 1471 Route 132,Hyannis. I am familiar with zoning and health laws in the Town of Barnstable and cannot find any requiring hook-up to town water if potable quality is available on site. This situation is causing us financial hardship and I believe that town officials have acted without full understanding of the laws or situation. The mortgage and real estate taxes are in arrears due to this situation and unless the situation is resolved shortly, this will most likely be an RTC property. I would appreciate your immediate attention on this matter. _ Sincerely, Frank R. McDonough I t tTtiTtttttft:,ITnttttpttttftttttnt+nxntl+tmnntttt+fmm�nntttffnnt+. .. ...tt. .. .. .............unman.mu+n+nflt7nmm�tunt+nnnnt.nlnnttmnftttmulnntn mf+fnn ttt*mmm�ttn mmt n ENVIROTECH LABORATORIES Mass. Cert.#:MA063 449 Route 130 Sandwich,MA 02563 (508) 888-6460 - CLIENT: F. '1cDonougoh _ LOCATION: Same _ ADDRESS: 1575 Rte 132 Barnstable. `,A 02630 COLLECTED BY: SAMPLE DATE: 7/31%91 TIME: = DATE RECEIVED- 8/1/91 SAMPLE ID: .140 JOB �: Existing Well _- WELL DEPTH: 35 ft RESULTS OF ANALYSIS: Parameter Units Recommender limit Result Coliform bacteria/100 mi (MF Method) 0 0 - PH pH units - 5.43 Conductance umhos, cm 300 113 Sodium mg.,L --- 20.0 _ 9.4 Nitrate-N mg L 10.0 1.12 - Iron g;L .3 m �� 0.09 Manganese mgi C. 0.05 Hardness mg/L as CaCO 3 500 _ Sulfate mg/L 250 Potassium mg/L 20.0 Alkalinity mg;L - 200 c Chloride mg,'L --- 250 ' = Turbidity NTU _ - 5.0 E Color APC-units 15.0 a Background bacteria € COMMENT: Low pH indicates high corrosive characteristics. YES No WATER IS SUITABLE FOR DRINKING PURPOSES FOR PARAMETERS ESTED. 3 XW( O DATE iiiiW11111ii111111L111111G11I111iI111iliulii.lilliliuitutlituiiAil tituiiiiiilililaim,aa114111i11ii Ali iiiiiiiliiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii I?8 Ory 19.6. 7g 2 O N 0 N16.54 • o Nco ^� 16.56 LOT 1A 0 SHALLOW 10.B' NOTES. ITHIS PLAN IS VALID- NLY -W IT- IS STAMPED AND SIGNED IN RED. THIS OFFICE ASSUMES NO i RESPONSIBILITY FOR INFORMATION CONTAINED ON COPIES WHICH DO NOT HAVE ORIGINAL STAMPS AND SIGNATURES IN - RED II THE AS- BUILT II 2 PLOT PLAN �•�. STANDARDS SET FORTH INRE2150E CMRT SECTION 6.04 � ��,BL� MASS. THEREFORE THIS _ PLAN IS NOT TO BE USED FOR � • TITLE INSURANCE PURPOSES Lot _14 /e4UTE /32, _ I CERTIFY TO 14146S LAND, USE. TECHNOLOGY, INC AND TO 72-lE /'Ik/V OF 45444g� ( FORMERLY R. J. dHEARN , INC. ) THAT TO THE BEST OF MY INFORMATION SWAN RIVER PLAZA 35 ROUTE 134 UNIT 3 KNOWLEDGE , AND BELIEF , THE SOUTH DEdNIS, MA. 0266b SHOWN ON THIS PLAN _ HAS BEEN LOCATED ON THE GRO AS ,.�'Jst ,, � roe No.B7-38v • E IECNNp •., INDICATED AND MAT IT IS N •'� o •''•••''. �� '- tf �• `�` .• '•. i '•, DATE FLOOD ZONE PER FL `�:• RATE MAP DATED ."HARD r�, t � � CLIENT4�SA joO J. : q ! INC. 1977 r R r ' ��• •% ;:. � 1 SCALE �a JI 2�� .• ••� -N •• J fee /I Xole? < • to r it DATE G. PROFES L AND RVEYOR SHEET—.L_OF THE TD` The Town of Barnstable 6`p Health Department saMrrnr, y� e" 367 Main Street, Hyannis, MA 02601 �e Nix►� Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health September 25, 1991 TO: Joseph C. Snow, M.D. Susan G. Rask Brian R. Grady FROM: Thomas McKean Attached is a copy of a letter from Frank McDonough received today. Also attached is a copy of the water test taken July 31, 1991 Robert McDonough will have Envirotech test for VOC's as soon as possible and hopes to have the results before the October 8, 1991 Board Meeting. Frank R.Mc Donough 1471 Route 132 • Hyannis,MA 02601 • (508)�362-4480 September 20,1991 Barnstable Board of Health S E P 2 5 1 91: Barnstable Town Hall Main Street Hn annis, M14,02601 TO 11r RE: Property at 1575 Route 132, Centerville/Occupancy Permit ' I am writing this in order to salvage a situation that is filled with great misunderstanding in the interest of getting the long overdue occupancy permit for this building. The original permitting agreement on this property did not require installing town water. On my own initiative, I discussed the situation with Mr. Tom Mullin, the Barnstable Water Superintendent at that time. Mr. Mullin inspected the property and it was agreed that I could have an-eight (8) inch water line installed to this property and the adjacent property, the Presidential Motel,for a.cost of$17,900.00. This plan is in the Barnstable Board of Health files. - Sul,.iequently, I discussed the situation with Mr. Kelly at the Board of Health and asked if in the interim we could tie into the Presidential well until town water was installed. He agreed to this and I sent a letter that the Presidential water would not be used for more than one (1) year. Since Mr. Kelly was knowledgable about the history of the property, I did not reiterate the entire situation in this letter, merely the latest agreement. At no time was I required to install town water,I was seeking this for my own personal reasons. The aforementioned discussions were held during the construction period of the building. Thereafter, the contractor defaulted prior to the completion of the building. Another contractor was hired but the result was that the building was finished one and one-half(1 1/2) years later than scheduled. I had not tied into the Presidential Motel well and was considering foregoing town water because of the cost and using the high quality well water from the property. It had been my choice originally to do otherwise. I returned to the Barnstable Water Department and talked with Mr. Jon Erickson, the new Superintendent. I familiarized him with the previous discussions with Mr. Mullin and Mr. Kelly. He insisted that a twelve (12) inch line must be installed not an eight (8) inch. The cost to install the twelve(12)inch water line at that time was approximately$35,000 which I could not afford then and cannot now. Therefore, I installed a separate well on the property. Upon returning to the Board of Health believing that there would be no problems gaining the occupancy permit , I found that Mr. Kelly had retired. The new director of the Board of Health pulled the letter I had written'to Mr. Kelly and insisted that it implied that I MUST install town water. He paid no heed to the preliminary details to that letter. I asked for a hearing and was denied an occupancy permit. This was in 1989. The well water from this property is better quality than town water(see test report) supplied to our Rainbow Motel property at 1471 Route 132,Hyannis. I am familiar with zoning and health laws in the Town of Barnstable and cannot find any requiring hook-up to town water if potable quality is available on site. This situation is causing us financial hardship and I believe that town officials have acted without full understanding of the laws or situation. The mortgage and real estate taxes are in arrears due to this situation and unless the situation is resolved shortly, this will most likely be an RTC property. I would appreciate your immediate attention on this matter. Sincerely, Frank R. McDonough i � 'zes? i3Z . d I ` P Ory. h - N N 16.54 O N ry n� to 16.56 1 LOT IA 0 1 , N � SHALLOW lo.B' NOTES: LTHIS PLAN IS QCJU"DNLY IF IT 19 STAMPED AND SIGNED IN RED. THIS OFFICE ASSUMES NO , RESPONSIBILITY FOR INFORMATION CONTAINED ON COPIES WHICH DO NOT HAVE ORIGINAL STAMPS AND SIGNATURES IN RED IIAS- BUILT PLOT PLAN 2.THIS PLAN WAS NOT PREPARED TO THE STANDARDS SET FORTH IN 260 CMR SECTION 6.01l e�(SrAe� MASS. THEREFORE THIS PLAN IS NOT TO BE USED FOR TITLE INSURANCE PURPOSES Lot 40 CDUT I CERTIFY To4/ES BSNAHA"'/ LAND, USE. TECHNOLOGY, INC, AND TO 01E TJ /N 0l-- BgGisl-�JB (FORMERLY R. J. OHEARN, INC.) THAT TO THE BEST OF MY INFORMATION SWAN RIVER PLAZA 35 ROUTE 134 UNIT 3 K14OWLEDGE, .AND BELIEF , THE SOUTH DEIfNIS, MA. 0266b SHOWN ON THIS PLAN HAS BEEN LOCATED ON THE GR04tyq AS , ;o�Sf�ECIINp.0. ,�•' [Joe No.B7-38�/ INDICATED AND HAT IT ISf�1fl p��.1N y ;• , . DATE FLOOD ZONE r� PER FL �N§ur'pj =1:• •�?C'= IZ G317 RATE MAP DATED i.;HARD t CLIENTvAH4A-1 INC.1977 r illl :o'• ry'g SCALE =; s D' /G I9 �7 See,, •.% `/1i'••....••;,� o�� WHY ✓�� ATE G(Isp'7-•`• 0. PROFE9 L RVEYOR SHEET / OF .�l1!Ilj!iln, aIntl!1Um!npnnmmnminnnnmrt,rmnnn„r...... t„mm,,nnnnnnn:nnnrymun n n,rtnnm m,m n r„nnnnnr n mnn rn ENVIROTECH LABORATORIES =_ ' Mass. Cert. #l:MA063 449 Route 130 Sandwich,MA 02563 • (508) 883-6460 CLIENT: F. `IcDonough___-_M____.__�. LOCATION: __Same ADDRESS: 1575 Rte 132 "----� — - Barnstable,_ `IA 02630 COLLECTED BY: SAMPLE DATE: 7/31/91� TIME: DATE RECEIVED- 8/1/91 SAMPLE ID: 11140 JOB Existing tJe11 WELL DEPTH: _ 35 it _ :3 RESULTS OF ANALYSIS: Parameter Units Recommender. limit Result Coliform bacteria: 100 mi IMF Method) 0 0 _= pH pH units ---- - 6_i1.8 5.43 Conductance umh0s,cm .5(10 := 113 Sodium --- _'- mg:'L 20.0 9.4 Nitrate-N mg 'L - 10.0 1.12 Iron mgi i `--- � 3 — 0.09 - Manganese mg/L 0.05 E _- Hardness mg/L as CaCO 3 500 _ Sulfate mg/L 250 Potassium mg/L 20.0 Alkalinity mg/L 200 = Chloride mgi L __- 250 Turbidity NTU 5.0 Color APC"units 15.0 Background isacteria COMMENT: E Low pH indicates high corrosive characteristics. EEEi - YES No WATER IS SUITABLE FOR DRINKING PURPOSES FOR PARAMETERS ESTED. XM( ❑ t^-` DATE t t .lu{iitlli{Illl{ILIIIIIlUl11111UI{IIIIUIiII{lUliiiliL'Iliilli;ii{I{iliiiiiii{Ilil{{1{{li{ii{Uliiiiii,'iiii{i)iii{{Iliilii iitili{iiiiiiiiiiiliilii{ililiilii iii{ii{iii{iiiiiiiiliil{iilIUIII{IlilllliUll{iiliii{liiiiii{Ili{llii{liiiiill��� TOWN OF BARNSTABLE ILOCATION J�� /3L �P-u ✓�/�-� SEWAGE # �Z -�' Z-- ; . VILLAGE ASSESSOR'S MAP Cr LOT -Q/ 60, INSTALLER'S NAME PHONE NO. ,/� hLV/2Lo/p�Jla o2pS1S�Z. i SEPTIC TANK CAPACITY —2,o 0 0 90 LEACHING FACILITY:(type) zeaali 6 ;415 (size) �pd �gg• `•y i NO. OF BEDROOMS_ 7 PRIVATE WELL OR PUBLIC WATER r I _ BUILDER OR OWNER /'/moo-rc fyJC ? DATE PERMIT ISSUED: i DATE COMPLIANCE ISSUED: VARIANCE GRANTED: Yes No o�THE T The Town of Barnstable Health Department "a"'"` 367 Main Street, Hyannis, MA 02601 rua A _ t Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health TO: Joseph C. Snow, M.D. Susan Rask Brian R. Grady FROM: Thomas McKean�t RE: McDonough/1575 Rte. 132, Centerville Attached is a copy of the written agreement from Frank McDonough dated May 11, 1987, a copy of the Disposal Works Construction Permit, and a copy of part of the designed septic system plan. The complete set of plans are now in my .possession, if you wish to see them. I finally found this information on one of the Health Inspector's desk. For office use on.iy O ved by ,l 1 Frank R & Catherine- Mc-➢onough 3 362-3217 1471 Rt 132 Hyannistl Ma 02601. a. Same R253�-019/T00.. 2..58 Acres.. Rt 132 Centerville Ma 02601 . 1575 Full Presentation Will Be Made At Hearing. Hardship I � � w TOWN OF BARNSTABLE OFFICE OF s BARMAM BOARD OF HEALTH 1639 IM ` 367 MAIN STREET D MAY M' HYANNIS, MASS. o26o1 June 22, 1988 Mr. Frank R. McDonough 1471 Iyanough Road Hyannis, Ma 02601 ` Dear Mr. McDonough: Your request for approval to install an onsite individual water supply well to service your lodging house at 1575 Iyanough Road, Centerville, listed as parcel 19 and 100 on Assessor's Map 253, is not granted. You appeared at a Board Meeting on June 21, 1988, with your well driller, ' Mr. Nick Kapolis, to request approval to install an onsite individual water supply well. .You agreed to connect the lodging house to public water by May 1988, per letter signed by you dated May 11, 1987. The Board of Health approved a Disposal Works Construction Permit and your building permit for the lodging house on May 12, 1988. The lodging house is located within a commercial area and within a critical zone of contribution to public water supply wells. Our records indicate that groundwater sodium levels have exceeded the recommended limit in this area. t:::T:h:e:Board strongly feels that this building shall ;be connected to public water. e Very truly yours, Grover C. M, arrish, M.D. Chairman Ann Jane Eshbaugh 61, d--CZ�� Ja es H. Cro , Sr. __- GF/bs NUTTER,McCLENNEN & FISH ROUTE 28-1185 FALMOUTH ROAD P.O.BOX 1630 HYANNIS,MASSACHUSETTS 02601 TELEPHONE:508 790-5400 FACSIMILE:508 771-8079 DIRECT DIAL NUMBER: December 18, 1990 BY HAND Thomas A. McKean, Director of Public Health Town of Barnstable Board of Health 367 Main Street Hyannis, Massachusetts 02601 Dear Mr . McKean: With reference to your prior correspondence, enclosed please find for your information and review the following : 1 . Copy of Purchase and Sale Agreement dated October 26, 1988 with attachments; 2 . Copy of itemization for water main extensions and accompanying map, with reference to the Purchase and Sale Agreement; 3 . Drinking water analysis report from the Barnstable County Health and Environmental Department dated February 13 , 1989 ; 4 . Test results received from Envirotech Laboratories dated November 12, 1990 regarding water analysis; 5 Job invoice from Blue Rock Well Drilling, Inc. We are informed that Blue Rock Well Drilling, Inc. is• no longer conducting business within the Commonwealth of Massachusetts, "-and that the principals of the corporation have BOSTON,MASSACHUSETTS COUNSEL:AMSTERDAM•LONDON•TOKYO NUTTER, McCLENNEN & FISH Thomas A. McKean, Director of Public Health December 18, 1990 Page 2 moved to North Carolina . We believe, however, that the company did, in fact, provide a well water completion report to the Town at the time of completion. We are in the process of attempting to locate the principal of the company in North Carolina, and will attempt to obtain a copy of that report. Should you or the Board of Health have any questions concerning the enclosed, please feel free to contact me at your convenience. rrtruly yours, k M. Butler PMB: jl Enclosures 2700r t i L._ HOMECENTER PLACE WATER MAIN EXTENSION QT?94ARy THE SHIELDS COMPANY �C L ITEMIZATION J 2450 Lineal feet including ianscaping, ,asphalt, et it.. $611250 Hgdrants. ... .•.... • •. ••• ..•. • • J.• • •...•'f........1.1...•1•••.• 4,80 0 1.6" x 12" TS V at Phinney-s Lane,:... ...,..................... 2,500 _estiag and Chlorination... .......... .; .. .. ..................... 500 later Main Installation Ipspection:Fee..........„•���.��6 21000 Police Detail.. .. . . .. ... . •, Subtotal..... .. ...... ......... ...:..... ..,:....... ......... ...... $73,050 The Shields Company overhead and .aupervi8ion. .. .....1,..• •�;•, 7005 Total. .. ..... . ..... .... ........ ..:.... ... �. ............:....we#., $801355 PROPOSED WATER. MAIN EXTENSION COST ALLOCATION Common Additional. Extension, Total Allocation 170OLF For Each Facility Per Facility Homecenter Place $27,707 0 $27,707 Country Lake Motel I31853 13,264 2,7,1Ig Presidential Motel 6,927 5,8.93 i2,766 %ojging House 6,927 5,893 12 766 Total 80,355 Homecenter Country Presidential Lodging Place Lake, Motel House Phinney's 1700 450 ISO 350 Lane TOTAL P.©1 Qn-ii 7 ii2:4 2 P M F. t 1Ciiltijp?pltTlTjtjiTtpitijiippitiTltlitTtijjill(pTitTiiTip??i??i?i?TTtitiltttt???i"ift?titTT•.iiitpiriiTippl?lipiTt??i!Iil11T?ilipinml,TtT?[ilntiitnitnim?TiTit?ii?timiTtiimiiiittifmippn111?iiriiilminp;p►J,�� ENVIROTECH LABORATORIES t 449 Route 130 Sandwich, MA 02563 • (508) 888-6460 _= F. McDonough CLIENT: g LOCATION: 1575 Rte 132 ADDRESS: 1575 Rte 132 Centerville, MA _= Centerville, MA ._ COLLECTED.BY: SAMPLE DATE: 11-12-90 TiME: 2:30 DATE RECEIVED:11-12-90 SAMPLE ID:544 JOB #•_ Exsisting Well WELL DEPTH: RESULTS OF ANALYSIS: Parameter Units Recommended limit Result Coliform bacteria/100 ml (MF Method) 0 0 pH pH-units 6.0-8.5 5.76 _ Conductance umhos/cm .500 109 Sodium mg/L 20.0 11.0 - Nitrate-N mg/L 10.0 1.15 _ Iron mg/L 0.3 <0.05 Manganese mg/L 0.05 Hardness mg/L as CaCO 3 S00 Sulfate mg;'L 250 Potassium -no'L 20.0 = Alkalinity mg/L 200 Chloride mg L 250 = Turbidity \TU 5.0 = Color =.?C units 15.0 -= i Background bacteria 25 COMMENT: YES INo WATER iS SUITABLE FOR DRINKING PURPOSES FOR PARAMETERS TESTED. - �Y J i DATE 1"::A ...:. .:1:::::.:.:.:...:.::::..I...:::::. .:..:::.:.:::..: tSl4,liljllil.lilll.3l.11.i.i33lii L.13.1......331331111J3U111111.......3........3........................1................i.......3.......1.3......1..........1 THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINALS) I A , I,-, m / IL DATA 81-UE ROCK WELL DRILLING, INC. I Setterwood Lane P.O. Box 807 E*1 DENNIS. NIASSACHUSETTS 02641 N2 2014 (509) 394-0777 WIER TAKEN Gy DAY WORK TO ...... _fRA CT EXTRA Jc�"Y'TON'k -------------- SlWiwliiii-c --------------- rEnMs Fast Dui Acm.pits Subjnt tf-, RevomWe Coftvttoft Gatti ti Im AttornCy feat. OTY. MATERIAL PRICE AMOUNT DESCRIPTION OF WORK > Ile ............ —----- ----------------- OTHER CHARGES e, F --------------- TOTAL OTHER LABOR HRS.IRATE AMOUNT r-1)ir > 6 _7 TOTAL LABOR TOTAL MATERIALS 00t TOTAL :RIA TOTAL OTHER Work oidvrQe by. ...... TAX TOTAL I hv,t)y mce,,,iodup the.smistactwv compioicsn o'ui-2 above GctcrlbeLj wuo� cr.a it T 'U ———————————————————————————————————————————————————————————————————————————————— Log Number:- Bottle # BC—� Date: Feb. 13, 1989 BAR�� a BARNSTABLE COUNTY HEALTH AND ENVIRONMENTAL DEPARTMENT kSUPERIOR COURT HOUSE t J BARNSTABLE, MASSACHUSETTS 02630 o • Asa DRINKING WATER LABORATORY ANALYSIS P HONE: 362-23I' y, a, Ext. 337 Client: Frank McDonough Collector: } Louis Kapolis ` Mailing Address: 1575 Iyanough Road Affiliation:: - we 7well drilT-i—r Hyannis. MA "02601 Time & Date of Collection: , . 2/9/89. 10:15 a,,m, Telephone: . 394-077?:4 " ; Type of.Sup'ply well t �- Sample Location: 1575 Iyanough Rd Well' Depth 5 H;yanni�, MA"� ` Date,,of Analysis 2/ /81}° I0y45 PARAMETER SAMPLE RESULT RECOMMENDED LIMITS =A, Total Col iform Bacteria/100 :ml.: - F � �.4., ! 'a 7= -ti 0 . H 5.4 Conductivity (micromhos/cm) 174 500 0` Iron ( m) Nitrate-Nitro en ( m) 4.0 10.0 Sodium ( m) 19: tt 200 � vt) rF F vj P k' r. S V 'a.;y�9y�{', aa2 .u+f' Kii,•r�5't } A• , ,s v -.; t s , ;cv:`{ t .2... „,•? G<t-,sc-�'Z;»'1`{ •:e:t !•iw��,,,t•^,;r 3' t._= Y...-. .i :1 ,-f a' ,Y. ;. i,ri�µ",'[r '+::).. � � va,M'}�e:.• 4.;t'':.,.fi�..'r: J e,-,:,+ r+" �.'�;fytci'�t�w.���,. I , Water sample. meets the recommended limits for drinking of all - above tested parameters. I.I . XX Based only on r'sul ts.. of the parameters tested for this sample, the:,water _As, LL suitable for drinking but may present the problems checked below 4`-. a.e q i- '' :'t'�g{ i a� -r - t t .f.r `yam ,, -• k `'a' 5 •. 55' ::r r.: �-u:�:��d*xxl .[x. X LJater 'sample has higher-°than average l.e.vel°s of .,Nitrate` Futur:e�monitoring ass recommended "(2-3:times per'. year)' to s��tabl.i sh any upward, trends �L , ._ •1, ' .. .I.q.. .. .. ., , y B The low pH of the water may shorten the useful life` of the house's p.lumb�r�y C.- Water may present aesthetic problems (tasrte, odor, staining) due,• to ?.yt 7 a s.�' .; '�� nfyl ^y kk 7F- 'ciy+.- ' r T: " w,s `` c'+=�F M+» '+` P 'S _F# �r+•i :.+p rt�'�v..74 �r+ : R P:. CY-rt y : TS}t t � .ribE7 t .Yr h ti-S k� f'F.m..i+a�'ta 3a�}:9t�:� 1�• c...-t< D. Water sample has high levels of sodium. 'Persons on:;low, sodjumdiets shouldx consult their doctor. - III. Due to one or more of the reasons checked below, this water sample is, unfjt�fo.r human consumption: A. High Bacteria B. High Nitrates x .. -y. 5;.:MR is .. r.. .:.i, PI.: tjU rki?is'tl,.:� ES ''.•`fd"t -,1 .fie°``4. t ,l,j.• REMARKS: d%-' J. w (4T F 4Y" 9x 'fit Barnstable Board of Health CC: Blue Rock Well Drilling t Laboratory Di rector, 117/85 ' 5pi '` . k PURCHASE AND SALE AGREEMENT This Agreement made as of the 2�( day of October, 1988, by and between FRANK R.McDONOUGH and CATHERINE McDONOUGH, of 1471 Route 132, �1/Hyannis, Mas achusetts ( "McDonough")and TRAc'kY 4/ VOLKSWAGdNNC. a Massachusetts Corporation of Route 132, Hyannis, Massachusetts 02601 ("Tracey") (McDonough and Tracey being hereinafter referred to as the "Seller" unless otherwise indicated) and ROBERT M. SHIELDS, JR. having a business address of Route 132, Hyannis, Massachusetts 02601 (hereinafter referred to as "Buyer" or "Purchaser" or "Shields" ) . W I T N E S S E T H WHEREAS McDonough is the owner of certain parcels of land (hereinafter referred to as the "Land") located in Hyannis, Barnstable County, Commonwealth of Massachusetts, as more particularly shown on the plan attached as Exhibit A (the "Property" or "Premises") and A-1 (the "Adjacent Property".) respectively attached hereto; and i WHEREAS, Tracey is the named Buyer under a Purchase and Sale Agreement dated April 24 , 1987, which Agreement provides for the sale of approximately two (2 . 0) acres of the Premises shown as Lot 1 on the attached Exhibit "A" , a copy of which: agreement is attached hereto as Exhibit "B" ; and WHEREAS, Tracey is willing to release its rights to purchase pursuant to Exhibit B under the terms and conditions hereof; and WHEREAS, Buyer desires to purchase and McDonough is wilrrlingN. to sell Lots 1 and �, and a portion of Lot 3 as shown on l Exhibit "A" on the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter provided, Seller and Buyer hereby represent, warrant, covenant and agree as follows : 1. PURCHASE AND SALE - Seller agrees to sell and convey and the Buyer agrees to purchase, upon the terms and conditions set forth herein, the premises that are the subject of this agreement . The premises covered by this Agreement consist of that portion of the Property described in Exhibit "A" attached hereto as shall be determined pursuant to Paragraph 2 hereof . 2 - C 2 . PREMISES McDonough will sell and Shields will 4 purchase Lots 1 and and a portion of Lot as shown on Exhibit "A" annexed hereto. Within 21 days after the execution , hereof, Shields shall have prepared, at his sole cost and expense, engineering plans suitable for recording with the Barnstable County Registry of Deeds setting forth the premises to be conveyed and the premises to be retained by McDonough, which plan will provide McDonough with two separate lots in the Adjacent Property, both of which shall conform to applicaple zoning and subdivision statutes, by-laws and regulations . The square footage necessary to allow the 2 lots on the adjacent property to be deemed separate, buildable lots shall be retained by McDonough as shown on Exhibit "A" . Said plan shall be furnished to McDonough upon preparation for approval, which approval will not be unreasonably withheld. 3 . TITLE DEED - The Premises are to be conveyed at the time of closing by good and sufficient quitclaim deed of the McDonough in a form appropriate for recording with the Barnstable County Registry of Deeds running to the BUYER or to the nominee or assignee of the Buyer, subject to the conditions and provisions of paragraph 28 hereof . The deed shall convey good and clear record and marketable title, free from all 3 - encumbrances and claimed rights of third parties , except the following : (a) Provisions of existing building and zoning laws; (b) Such municipal taxes for the then current year as are not due and payable on the date of the delivery of the deed; (c) Any liens for municipal betterments assessed after the date of this agreement; (d) Easements, restrictions and reservations of record, if any, so long as the same do not prohibit of materially interfere with the current use of said premises . If, prior to January 1, 1989, Buyer fails to object in writing to any aspect of McDonough' s title which does not conform to the- terms hereof, then Buyer shall be deemed to have approved the state of title as it exists on the date hereof, but Buyer shall not be deemed to have approved any title matter arising thereafter. The property shall not be considered to be in compliance with the provisions of this Agreement with respect to title unless title to the Property is insurable, for the benefit of Buyer, in a fee owner ' s policy of title insurance, at normal premium rates, in the American Land Title Association form currently in use, subject only to those - 4 - printed exceptions to title normally included in the "jacket" to such form of policy, or such other exceptions to which the parties may mutually agree. Buyer shall pay all expenses associated with such title insurance. 4 . TIME FOR PERFORMANCE (THE -CLOSING-) DELIVERY OF DEED - The deed to the premises is to be delivered by the McDonough at 10 o ' clock A.M. on the 30th day following Shields obtaining all permits and approvals as called for under Paragraph 6 hereof, but in no event later than July 30, 1989 , subject to the provisions of paragraph 8 hereof, at the offices of Nutter, McClennen & Fish, 297 North Street, Hyannis, Massachusetts 02601, unless otherwise agreed upon in .writing. It is agreed that time is of the essence of this agreement. 5 . PURCHASE PRICE - The agreed purchase price for said Premises shall be an amount equal to the number of allowable square feet contained in such structures approved for construction pursuant to Paragraph 6 hereof for retail use multiplied by $34 .00 per square foot, up to a t91 of 23,300 square feet, plus $30 . 00 per square foot for each square foot above said 23, 300 square feet . The "Allowable Square Feet" shall be the amount of square feet of retail space permitted to be built, pursuant to a building permit issued by the Town of 5 - I - 1 Barnstable after approvals by the Town of Barnstable Board of Health, Zoning Board of Appeals, Site Plan Review and all other appropriate agencies . In no event shall the purchase price be less than $792, 200 . 00 Said purchase price shall be paid as follows : a. $20, 000 . 00 paid this date which deposit shall be non-refundable except for non-compliance with the provisions of Paragraph 3 , or the inability to obtain the permit as set forth in Paragraph 6 or the contingencies set forth in Paragraph 29 . b. the balance is to be paid at the time of delivery of the deed by certified, cashier ' s, treasurer ' s or bank check. Upon the receipt of the Purchase Price, McDonough shall pay to Tracey the sum of Ninety Thousand and no/100 ($90, 000 . 00) Dollars plus Four and 20/100 ($4 .20) Dollars per square foot of permitted space which exceeds 23,200 square feet up to a maximum of Ten Thousand and no/100 ($10,.000 . 00) Dollars . 6 . APPROVALS AND PERMITS - Shields agrees to apply for in a timely fashion and to diligently pursue permission from all the necessary and appropriate agencies of the Town of Barnstable to obtain a building permit to construct a retail complex containing the Maximun Allowable Square Feet . The Maximum Allowable Square Feet applied for shall be the maximum amount of retail square footage allowed under the Town of Barnstable Board of Health 330 Rule, as affected by the reduction in Lot 2 of the Premises pursuant to paragraph 2 6 - i 1 hereof . Shields shall apply on or before February 15, 1989 to the Board of Health of the Town of Barnstable for said approval and, in the event that approval is denied due to the existence of the septic system shown on Exhibit C annexed hereto servicing the adjacent property and because the land area of the Premises to be conveyed herein was previously used in regards to the 330 rule for the addition, McDonough agrees to allow Shields to propose the relocation of said system from the Premises to the Adjacent Property and to propose the elimination of the restaurant presently existing on said Adjacent Property, in order to allow Shields to obtain permits from the Board of Health. In the event that the existing septic system as shown on Exhibit C has to be relocated, all costs related thereto and expense shall be borne by Shields . If Shields is unable to obtain the permit as herein provided then at the option of Shields this Agreement shall be cancelled and all deposits shall be returned and this Agreement shall be null and void. 7. CURB CUTS - This Agreement is contingent upon Shields obtaining approval from the Commonwealth of Massachusetts Department of Public Works for a satisfactory permit to enter upon the State Highway, known as Route 132, from the premises to be conveyed. Said contingency must be exercised on or before June 30, 1989 . 8 . OPTION TO EXTEND - In the event that Shields is unable to obtain a building permit as set forth herein, despite his diligent and good faith efforts on or before July 31, 1989, Shields shall have the option to extend the time for - 7 - i performance 180 days or until such permit is obtained, whichever occurs first provided that he pay Tracy interest on his unpaid balance at the rate of ten (10%) percent per annum, payable monthly in arrears, and that Shields pay to McDonough, monthly in arrears, the costs and expenses associated with the Property, namely mortgage payments for mortgages existing as of the date hereof and real estate taxes assessed by the Town of Barnstable. All sums so paid shall be non-refundable and in addition to the purchase price. If said permit is not obtained within said 180 days then Shields may extend the time for performance an additional 180 days or until said permit is obtained, whichever first occurs, provided that the purchase price to Tracey and McDonough shall be increased by an amount equivalent to five (5%) percent per annum, and that Shields continue to reimburse McDonough the mortgage and real estate taxes set forth above. 9 . LIMITED PARTNERSHIP - In the event Shields creates a limited partnership to develop the premises to be conveyed herein, McDonough and Tracey shall be offered the first opportunity to purchase the shares . Shields shall give McDonough and Tracey notice in writing of his intent to sell shares and the terms thereof, and McDonough and Tracey shall have ten (10) days to accept said offer. 10 . EXTENSION OF EXISTING PURCHASE AND SALE AGREEMENT - McDonough and Tracey hereby agree that Paragraph 7 of attached Exhibit B is amended to provide that the date for performance thereunder is extended to ninety (90) days after receipt of - 8 - I notice by McDonough and Tracey that Shields intends to exercise any contingent rights he may have hereunder to withdraw from this agreement and not perform hereunder. 11 . POSSESSION AND CONDITION OF PREMISES - Full possession of the Premises free of all tenants and occupants, is to be delivered at the time of the delivery of the deed, said Premises to be then (a) in the same condition as they now are, reasonable use and wear thereof excepted, and (b) not in violation of said building and zoning laws and (c) in compliance with the provisions of any instrument referred to in paragraph 3 hereof or disclosed pursuant to the title examination to be made by the Buyer pursuant to paragraph 3 . The BUYER shall be entitled to an inspection of said Premises prior to the delivery of the deed. 12 . DAMAGE OR TARING PRIOR TO CLOSING - Notwithstanding any provisions of this Agreement to the contrary, if any of the Property shall be damaged by fire or other casualty or taken in whole or in part by eminent domain, BUYER shall have the option of terminating this Agreement and obtaining the return of all Deposits in accordance with the provisions hereof, provided, however, that if the damage by fire or other casually does not result in any rent being abated after the Closing Date, and if the amount of such damage or taking does not exceed $100, 000 . 00 as determined by an independent insurance appraiser selected by Buyer and approved by Seller, such damage is covered by Seller ' s insurance and the amount of Seller ' s deductible does - 9 - i not exceed $1, 000 . 00 (or Seller agrees to pay to Buyer the amount of such deductible) , then, in that event, BUYER shall not have the option of terminating this Agreement . If there is such damage or taking and BUYER does not have the option to terminate as hereinabove provided, or, if having such option to terminate, waives the same, SELLER shall, in the case of such damage, pay or assign all insurance proceeds payable for such damages on the date of closing, and in the case of such taking, assign any award therefor to BUYER on the date of closing, and in both such cases, the purchase price shall be without abatement . 13 . EXTENSION TO PERFECT TITLE OR MAKE PREMISES CONFORM - If SELLER shall be unable to give title, or to make conveyance, or to deliver possession of the Premises, all as herein stipulated, or if at the time of the delivery of the respective deeds, the Premises do not conform with the provisions hereof, SELLER shall use reasonable efforts to remove any defects in title, or to deliver possession as provided herein, or to make the said Premises conform to the provisions hereof, as the case may be, and therefor the time for performance shall be extended for a period of sixty (60) days . Seller ' s liability under this Paragraph shall be limited to $1, 000 . 00 in out of pocket costs and attorneys fees for each property. 10 - I , R ` R i 1 14 . FAILURE TO PERFECT TITLE OR MAKE PREMISES CONFORM, ETC. - If at the expiration of the extended time SELLER shall have failed so to remove any defects in title, deliver possession, or make the Premises conform, as the case may be, i all as herein agreed, then at BUYER' S option, any payments made under this Agreement shall be forthwith refunded, and all other obligations of all parties hereto shall cease, and this Agreement shall be void and without recourse to the parties hereto. 15 . BUYER'S ELECTION TO ACCEPT TITLE - BUYER shall have the election, at either the original or any extended time for performance, to accept such title as SELLER can deliver to the said Premises in their then condition and to pay therefor the purchase price without reduction, subject to the provisions of paragraph 8 of this Agreement . 16 . ACCEPTANCE OF DEED - The acceptance of the respective deeds by the BUYER shall be deemed to be a full performance and discharge of every agreement and obligation herein contained or expressed, except such as are, by the terms hereof, to be performed after the delivery of said deed and except for representations and warranties herein after referred to which shall survive the delivery of the deed hereunder. - 11 - i t i7 . USE OF PURCHASE MONEY TO CLEAR TITLE - To enable each respective SELLER to make conveyance as herein provided, each SELLER may, at the times of delivery of the respective deeds, use the purchase money or any portion thereof to clear the title of any or all encumbrances or interests, provided that all instruments so procured are recorded simultaneously with the delivery of said deed, with the exception of mortgage discharge(s) from recognized lending institutions, which shall be expeditiously recorded in due course. 18 . INSURANCE - Until the delivery of the deed to the premises, the SELLER shall maintain the fire and extended casualty insurance now in effect on the Premises . SELLER shall, within ten (10) days after the execution hereof or within a reasonable time thereafter provide written evidence of said coverage to the BUYER. 19 . ADJUSTMENTS - Real estate taxes, mortgage interest, water and sewer use charges, utility charges, if any, for the property shall be adjusted, as of 12: 01 a.m. of the day of performance for each respective premises on the basis of a 365 day year and the net amount thereof shall be added to or deducted from, as the case may be, the purchase price payable by the BUYER at the time of delivery of the deed. If the 12 - i , amount of real estate taxes cannot be determined at the time of the delivery of the respective deeds, they shall be apportioned on the basis of the taxes assessed for the preceding fiscal year. The parties shall, upon the written request of either party, reapportion as soon as the new tax rate and valuation can be ascertained. If the taxes which are to be apportioned shall thereafter be reduced by abatement, the amount of such abatement, less the reasonable cost of obtaining the same, shall be apportioned between the parties, provided that neither party shall be obligated to institute or prosecute proceedings for any abatement unless herein otherwise agreed. Buyer and Seller agree to pay their respective shares or to reimburse each other for amounts so paid, promptly after any such reapportionment and readjustment . 20 . BROKERAGE WARRANTY - SELLER and BUYER represent and warrant to each other that neither party (a) has dealt with any real estate agent or broker in connection with the transaction contemplated hereby, nor (b) was called to the attention of the other party as a result of any services or facilities of any real estate agent or broker. Each party shall indemnify, exonerate and hold the other party harmless from and against any claim, loss, damage, cost or liability for any brokerage 13 - i commission or fee which may be asserted against the other party as a result of the breach of this warranty by either party. The provisions of this paragraph shall survive delivery of the deed hereunder . 21. DEPOSIT - All deposits made hereunder shall be held by NUTTER, MCCLENNEN & FISH, as escrow agent, pending approval of a variance from the Board of Health, as set forth in Paragraph 6 hereof, at which time said deposit shall be deemed the property of McDonough and non refundable, except in the event McDonough is unable to convey title as provided in Paragraph 3 . 22 . BUYER'S DEFAULT; DAMAGES - If the BUYER shall fail to fulfill the BUYER' s obligations under this agreement, all deposits made hereunder by the BUYER together with interest earned thereon shall be retained by the SELLER as liquidated damages, which shall be SELLER' S sole and exclusive remedy in equity and at law. 23 . LIABILITY OF TRUSTEE SHAREHOLDER BENEFICIARY ETC. - If the SELLER or BUYER executes this agreement in a representative or fiduciary capacity, only the principal or the estate represented shall be bound, and neither the SELLER or BUYER so executing, nor any shareholder or beneficiary of any trust, shall be personally liable for any obligation, express or implied, hereunder . 14 - i 24 . WARRANTIES AND REPRESENTATIONS - The BUYER acknowledges that the BUYER has not been influenced to enter into this transaction nor has he relied upon any warranties or representations not set forth or incorporated in this agreement or previously made in writing . 25 . REPRESENTATIONS AND WARRANTIES OF SELLER - As of the date of this Agreement SELLER represents and warrants and shall at the time of closing represent and warrant to BUYER that, to _the best knowledge of the Seller : (a) No proceeding for the condemnation or assessment of the Real Property has been instituted, and Seller has not knowledge of a pending or threatened action or proceeding regarding condemnation or assessment . (b) SELLER has received no written notice from any governmental agency stating that the current condition of the Property violates any existing laws, rules or regulations, and Seller has no knowledge of any claim by any governmental agency that the condition of the property violates any existing laws, rules or regulations . To Seller ' s best knowledge 15 - (a) There are no service, employment, management or other agreements or contracts relating to the Property which shall be binding upon Buyer subsequent to the closing hereunder other than the Leases . (b) Sellers warrant and represent that (i) they are not a "foreign person" as defined by the Internal Revenue Code ( "IRC" ) , Section 1445, (ii) Their respective United States Employer Identification Number or Taxpayer Identification Number will be provided to Buyer at least Ten ( 10) days prior to closing, and (iii) The Sellers will execute and deliver to Buyer at closing an affidavit or certificate in compliance with IRC, Section 1445(b) (2) and the applicable regulations thereunder. i Representations and warranties made in this Paragraph 21 shall survive the delivery of the Deed hereunder. 26 . REPRESENTATIONS AND WARRANTIES OF BUYER - This agreement and all documents by Buyer which are to be delivered to Seller on the closing date are or on the Closing Date will be duly authorized, executed, and delivered by Buyer, and are or on the closing date will be legal, valid, and binding obligations of Buyer and do not and on the closing date will not violate any provisions of any declaration of trust or any - 16 - i agreement or judicial order to which Buyer or its assignee or nominee is a party or to which any of them is subject . 27 . CONSTRUCTION OF AGREEMENT - This instrument, executed in duplicate, is to be construed as a Massachusetts contract, is to take effect as a sealed instrument, sets forth the entire contract between the parties, is binding upon and enures to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators, successors and assigns, and may be cancelled, modified or amended only by a written instrument executed by both the SELLER and the BUYER. If two or more persons are named herein as BUYER, their obligations hereunder shall be joint and several . The captions and marginal notes are used only as a matter of convenience and are not to be considered a part of this agreement or to be used in determining the intent of the parties to it. 28 . ITEMS TO BE DELIVERED BY SELLER - (A) At the closing on the premises, SELLER shall deliver or cause to be delivered to Buyer each of the following items in form reasonably satisfactory to BUYER: (i) Quitclaim deeds from SELLER to BUYER. - 17 - I (ii) An affidavit directed to BUYER' S title insurance company and BUYER that there have been no laborers who have worked on the Property except such as have been paid or will be paid for their services and that no person is in occupation of the Property except the tenants as set forth in Exhibit "B" hereto. . (iii) As assignment by written instruments of all of SELLER' S rights under any Licenses, Permits or Certificates received by SELLER prior to or during SELLER' s ownership of the Property from any Public Authority. (iv) An Opinion of SELLER' S Counsel in form and substance reasonably acceptable to BUYER and the title insurer as to the due authorization of the delivery of the deed and other documents required by this Agreement. (v) Certifications as may be reasonably required by Buyers or Buyers ' Mortgagee Bank, in a form-' reasonably satisfactory to Seller ' s counsel . 29 . INSPECTION AND HAZARDOUS WASTE CONTINGENCY - With prior written notice to SELLER, BUYER shall have a reasonable right of access to the Property for the purpose of inspecting the premises and showing the Property to prospective 18 - mortgagees, provided however, that BUYER' S access to the Property shall not interfere with the operation of the Property or the occupancy of any of the tenants therein, and provided, further, however, that BUYER hereby indemnifies, exonerates and holds SELLER harmless from and against any loss, cost, claim, damage or liability which may be suffered or incurred by SELLER or any occupant of the Property as a result of BUYER exercising its rights under this paragraph. BUYER, at his sole cost and expense, with prior written notice to SELLER may have the property examined, inspected and tested by his agents and representatives for structural soundness, engineering, asbestos, ureaformaldehye and hazardous waste (21E) analysis and testing. Said inspections shall be conducted on or before January 15, 1989 . The BUYER' S duty to perform hereunder shall be contingent upon the BUYER' S receipt of a satisfactory report to said inspections . BUYER shall notify SELLER' S counsel, in writing, no later than 12 : 00 noon on January 15, 1989 of the BUYER' S intention to implement this contingency and to withdraw from this agreement, and to obtain the return of all deposits . Any such notice shall include a copy of any unsatisfactory report, which is the basis of BUYER' S implementation of this contingency. Failure of the BUYER to notify the SELLER' S counsel prior to 12 : 00 noon on January 15, 1989 shall cause this contingency to become null and void, without effect, and the BUYER' S shall be deemed to 19 - have waived all rights thereunder. The BUYER shall, at its sole cost and expense, return the property into its condition prior to such testing and examination. 30 . REQUIRED NOTICE Any notice required to be given to a party shall be sent by regular or certified mail, postage prepaid, delivered by hand or by private express carrier to that party at the respective addresses set forth on the cover sheet of this Agreement with a copies given to Patrick M. Butler, Esquire, Nutter, McClennen & Fish, 297 North Street, Village Marketplace II , Hyannis, Massachusetts 02601, Stephen C. Jones, Esquire, 973 Iyanough Road, Hyannis, Massachusetts 02601 and Bruce P. Gilmore, Esquire, 1064 Route 6A, Barnstable, Massachusetts 02630 . 31 . DEED STAMPS - SELLERS shall pay all sales, transfer, stamp or other taxes required in connection with the sale or transfer of the respective properties from SELLER to BUYER and SELLER shall execute and deliver any appropriate return or form as may be required in connection therewith. 32 '. NO RECORDING - If BUYER records this Agreement, it shall, at the option of SELLER, become ipso facto null and void, all payments made hereunder shall be forfeited to SELLER and shall become the property of SELLER, and SELLER may pursue any other available legal and equitable claims or actions against BUYER as a result of any such recording . 20 - 33 . ASSIGNMEENT - The benefits of this Agreement may be assigned by BUYER to any entity in which the Buyers named herein are principals and in the event of any such assignment or reassignment thereof, the term "Buyer" shall be construed to mean the then holder of BUYER' S right hereunder . Title hereunder shall be conveyed to BUYER, or to the nominee designated by BUYER by written notice to SELLER at least seven (7) days before the deed is to be delivered as herein provided. No assignment of this agreement by BUYER shall be construed to relieve BUYER from its obligations as purchaser hereunder . 34 . COOPERATION - The BUYER agrees to inform the SELLER, in writing, of any development proposals, requests for determination, permits, variance, special permits or other governmental approvals it may propose regarding the property, prior to the submission and publication of same, and further agrees to notify, include and invite the SELLER to participate in any meetings, presentations, discussions, or hearings held with any department, agency or authority of the Town of Barnstable prior to closing . SELLER agrees to execute any and all papers presented to it by BUYER in connection with such requests for determination, permits, variances, special permits or other governmental approval regarding the Property, provided 21 - that SELLER shall have no financial responsibility whatsoever with respect to any such proceedings or be required to attend any such meetings , presentations, discussions or hearings . Applications for the foregoing may be filed by BUYER in the name of, or on behalf of, SELLER, if required, upon prior written notice to SELLER. 35 . PARTIAL INVALIDITY - If any term or provision of this Agreement or the application thereof to any person, property or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons, properties and circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 36 . SUPERSEDES OTHER AGREEMENTS - This Agreement supersedes any and all other agreements made prior hereto by and between any or all of the parties hereto with respect to the transaction contemplated hereby and all of such prior agreements are hereby made void and without recourse to the parties thereto. - 22 - i 37 . ENFORCEMENT OF THIS AGREEMENT - In the event that either party shall engage legal counsel for the purpose of enforcing this Agreement, and litigation is actually commenced by either party, the costs and reasonable legal fees of the prevailing party in such litigation shall be paid for by the 1 non-prevailing party. 38 . MISCELLANEOUS - Every term and provision of this Agreement shall be deemed of the essence and every breach thereof material to the respective parties . All rights and remedies of the parties shall be cumulative and not alternative, in addition to and not exclusive of any other right or remedy to which the parties may be lawfully entitled in case of any breach or threatened breach of any term or provision hereof; the rights and remedies of the parties shall be continuing and not exhausted by any one or more uses thereof, and may be exercised at any time or from time to time and as often as may be expedient; and any option or election to enforce any such right or remedy may be exercised or changed at any time or from time to time. This Agreement sets forth the entire agreement by the parties, and no custom, act, forbearance, or words or silence at any time, gratuitous or otherwise, shall impose any additional obligation or liability I - 23 - on the Parties or waive or release either party as a supplement, alteration, amendment or change of any term unless set forth herein or therein, including this cause, unless set forth in a written instrument duly executed by such party expressly stating that it is intended to impose such an additional obligation or liability. 39 . In the event the deposit hereunder shall become non-refundable, and Shields exercises a contingency or otherwise withdraws or fails to perform hereunder, the deposit and interest earned thereon shall be divided, seventy-five (75%) percent to McDonough and twenty-five (25%) percent to Tracey. 40 . ADDITIONAL PROVISIONS - The initialed riders and exhibits, if any, attached hereto, are incorporated herein by reference. WHEREFORE, the parties have hereunder set forth their hands and seals on the date first written above. SELLERS Frank R. McDonough Catherine McDonough Tra �'y Volkswag4 , Inc. By: L BUY 7'4L . Robert M. S ields, Jr. 2033R - 24 - P L ! t r w / Iav"/+�lr oars .� -rn auoo ssr su Will ' �avw•mwuae / '�` nan aa.vir Io...n..w If u.nova ^V A3Va1•N AVI' r.. ,�". }f; , allod '" N.•+n•n etut �i SSVW R►+��) 31SV1SNHV6 a' ir<ot•n urn a' MO11VHS i oil uevi!o Nv-w £ 1 T101.%a 9•Yia � 01n/tt3n1 r'R tN• Or►LI r'A aaCL. • sr,nao r 01 rd qR ML ~ • / on.,V1IJa b1:, B r 7n3o 4. ff I 1. Ndj i AI MR w 4 _ 'A. F s 41 - �1::•\ SOD. .. .,�. d` -LOT NO. 16Ax: ryry 7 /gyp p0 O ➢ 4. �. . ya Q.. '•fi LOT NO. 1613 .RCA.O.S]wCNCB• 00 /Q. ►.� Npwu.N COOS. .y.. • a.u.C .^ U .a, • ^ 4p _ ,7,s��. r t SHALLOW POND \ .. NOTE- LOT NO.MB TO f[COu —EO-1N LOT.0 .$A PLAN OF LAND IN BARNSTABLE. :MASS. FOR . q[[j^'fRY OP pEEDs JOHN B. BRIGHTMAN R,' S 1♦ s, �s.CAIC'.r..o• ,K 6 w.SwEETSCw 1 ENry WOEw T..0 S QZS.OA i 'yyy. OCNNIB wORT. MAss. CONTROL -HOT REOtM[O }� BA25 — A317A D.Tc Z9 $ SMSLTSFxo �J�� �r 1 1----------------- - r _ .. �� _,. � ..1.y..t .. , .. , ,' BwwvsTwe�L►LANraNO SGL_ >, n L ''113�ti�1-�Z O�:.�:/7.� 4rl�1c. s9 F PURCILASE T.111) S,-.LL: i_:Ei•.i.r"T 1 . PARTIES - This day of il.pril , 1987 , Drank R . McDonough and Catherine 11cDonouah of 1471 I;oute 132 , Hyannis , Massachusetts 02601 (harp ..nafter called the SELLER) , agrees to SELL and TRACY VOLItSWACOW. INC. d/b/a Tracy Subaru , a Massachusetts corporation with a usual place of business at ' Route 132 , Hyannis , Massachusetts 02601 (Hereinafter called the BUYER or PURCHASER) , agrees to BUY, upon the terms hereinafter set forth, the following described premises : 1. 2 . DESCRIPTION - The land in Barnstable (Centerville) , Massachusetts , consisting of approximately 2 . 0+ acres , being a portion of a parcel of land consisting of 4 . 77 acres , as described in a deed recorded with the Barnstable County Registry of Deeds in Book 2429 , Page 276 . The portion of said land to be conveyed is set forth more specifically on the attached Exhibit A, which is incorporated herein by reference . 3 . TITLE DEED - Said premises are to be conveyed by a good and sufficient quitclaim deed running to the BUYER, or to the nominee designated by the BUYER by written notice to the SELLER at least Seven (7 ) days before the deed is to be delivered as herein provided , and said deed shall convey a good and clear record and marketable title thereto, free from :encumbrances , except I (a) Provisions of existing building and zoning laws ; (b) Existing rights and obligations in party walls which are not the subject of written agreement; (c) Such taxes for the then current year as are not due and payable on the date of the delivery of such deed; (d) Any liens for municipal betterments assessed after the date of this agreement; (e) Rights , restrictions , conditions and easements of record which do not materially interfer with use of the premises for residential purposes . 4 . PLANS - If said deed refers to a plan necessary to be recorded therewith the SELLER shall deliver such plan with the deed in form adequate for recording or registration . .5 . REGIS'I''.ERED TITLL - In addition to the foregoing , if the title to said premises is registered , said deed stall be in form sufficient to entitle the BUYER to a Certificate of Title of said premises , and the SELLER shall deliver with said deed all instruments , if any, necessary to enable the BUYER to obtain such Certificate of Title . 6 . PURCHASE PRICE -• The agreed purchase price for said ' premises is Six Hundred Thousand ($600 , 000 . 00) DOLLARS , of which $ 60, 000 . 00 has been paid as a non-refundable option fee this day and $540, 000 . 00 are to be paid at the time of delivery of the deed in cash, or by certified , cashier ' s , treasurer ' s or bank check . $600, 000. 00 TOTAL 7 . TIME FOR PERFORMANCE (THE "CLOSING" ) DELIVERY OF DEED - Such deed is to be delivered at 12 o ' clock Noon on the 15th day of November , 1988 , at the Barnstable Registry of Deeds , unless otherwise agreed upon in writing . It is agreed that time is of the essence of this agreement . It is further agreed that the Seller shall agree to extend this agreement for a period of Ninety ( 90) days upon the payments of an additional $15 , 000 non-refundable option fee . B . POSSESSION AND CONDITION OF PREMISES - Full possession of said premises free of all tenants and occupants , except as herein provided, is to be delivered at the time of the delivery of the deed, said premises to be then (a ) in the same condition as they now are , reasonable use and wear thereof excepted , and (b) not in violation of said building and zoning laws , and (c) in compliance with. the provisions of any instrument referred to in clause 4 hereof . The BUYER^ shall be entitled to an inspection of said premises prior to the delivery of the deed in order to determine whether the condition thereof complies with the terms of this clause . 9 . EXTENSIO.N TO PERFECT TITLE OR MAKE PREMISES CONFORM If the SELLER shall be unable to give title or to make conveyance, or to deliver possession of the premises , all as herein stipulated , or if at the time of the delivery of the deed the premises do not conform with the provisions hereof . than any payments made under this agreement shall be refunded and all other obligations of the parties hereto shall cease and this agreement shall be void and without recourse to the parties hereto, unless the SELLER elects to use reasonable efforts to remove any defects in title , or to deliver posses- -2- lion as provided herein, or to make the said premises conform to the provisions hereof , as the case may be, in which event the SELLER shall give written notice thereof to the BUYER at or before the time for performance hereunder, and thereupon the time for performance hereof shall be extended for a period of thirty ( 30) days . 10. FAILURE TO PERFECT TITLE OR MAKE PREMISES CONFORM ETC. - If at the expiration of the extended time the SELLER shall have failed so to remove any defects in title, deliver possession, or make the premises conform, as the case may be, all as herein agreed , or if at any time during the period of this agreement or any extension thereof , the holder of a mortgage on said premises shall refuse to permit the insurance proceeds , if any, to be used for such purposes , then, at the BUYER ' s option, any payments made under this agreement shall be forthwith refunded and all other obligations of all parties hereto shall cease and this agreement shall be void without recourse to the parties hereto . 11 . BUYER ' S ELECTION TO ACCEPT TITLE - The BUYER shall have the election, at either the original or any extended time for performance, to accept such title as the SELLER can deliver to the said premises in their then condition and to pay therefor the purchase price without deduction, in which case the SELLER shall convey such title, except that in the event of such conveyance in accord with the provisions of this clause, if the premises shall have been damaged by fire or casualty insured against , then the SELLER shall , unless the SELLER has previously restored the premises to their former condition, either (a) pay over or assign to the BUYER, on delivery of the deed, all amounts recovered or recoverable on account of such insurance, less any amounts reasonably expended by the SELLER for any partial restoration, or (b) if a holder of a mortgage on said premises shall not permit the insurance proceeds or a part thereof to be used to restore the said premises to their former condition or to be so paid over or assigned , give to the BUYER a credit against the purchase price, on delivery of the deed , equal to said amounts so recovered or recoverable and retained by the holder of said mortgage less any amounts reasonably expended by the SELLER for any partial restoration . -3- 12 . ACCEPTANCE OF DEED - The acceptance of a deed by the BUYER or his nominee as the case may be , shall be deemed to be a full performance and discharge of every agreement and obliga- tion herein contained or expressed, except such as are, by the terms hereof , to be performed after the delivery of said deed . 13 . USE OF PURCHASE MONEY TO CLEAR TITLE - To enable the SELLER to make conveyance as herein provided , the SELLER may, at the time of delivery of the deed , use the purchase money or any portion thereof to clear the title of any or all encum- brances or interests, provided that all instruments so procured are recorded simultaneously with the delivery of said deed . 14 . ADJUSTMENTS - Taxes for the then current year, shall be apportioned as of the day of performance of this agreement and the net amount thereof shall be added to or deducted from, as the case may be, the purchase price payable by the BUYER at the time of delivery of the deed . 15 . ADJUSTMENT OF UNASSESSED AND ABATED TAXES - If the amount of said taxes is not known at the time of the delivery of the deed , they shall be apportioned on the basis of the taxes assessed for the preceding year , with a reapportionment as soon as the new tax rate and valuation can be ascertained ; and, if the taxes which are to be apportioned shall thereafter be reduced by abatement , the amount of such abatement, less the reasonable cost of obtaining the same , shall be apportioned between the parties , provided that neither party shall be obligated to institute or prosecute proceedings for an abatement unless herein otherwise agreed . 16 . BROKER(S) WARRANTY - The parties hereto warrant that no third party has served as a broker in any reference to this transaction, and that no third party has in any manner influenced them individually or collectively, with regard to this transaction. 17 . BUYER' S DEFAULT; DAMAGES - If the BUYER shall fail to fulfill the BUYER ' s agreements herein, all option payments made hereunder by the BUYER shall be retained by the SELLER as. liquidated damages, unless within thirty (30) days after the time for performance of this agreement or any extension hereof , the SELLER otherwise notifies the BUYER in writing. 18 . RELEASE BY HUSBAND OR WIFE - The SELLER ' s spouse hereby agrees to join in said deed and to release and convey all statutory and other rights and interests in said premises . 19 . LIABILITY OF TRUSTEE, SHAREHOLDER, BENEFICIARY, ETC - If the SELLER or BUYER executes this agreement in a represen- tative or fiduciary capacity, only the principal or the estate -4- ebellLeO 5 z ouuu , aria neither the '-,L1AJ`h or BUYEH so executing , nor any shareholder or beneficiary of any trust , shall be personally liable for any obligation, express or implied , hereunder . . } i , 20 . WARRANTIES AHM REPRESENTATION'S - The BUYER acknowl- edges that the BUYER has not been influenced to enter into this transaction nor has he relied upon any warranties or represen- tations not set forth or incorporated in this agreement or previously made in writing, except for the following additional warranties and representations , if any, made by either the SELLER or the Broker ( s ) : None 21 . CONSTRUCTION OF AGREEMENT - This instrument, executed in triplicate is to be construed, as a Massachusetts contract , is to take effect as a sealed instrument, sets forth the entire contract between the parties , is binding upon and enures to the benefit of the parties hereto and their respec- tive heirs , devisees , executors , administrators , successors and assigns , and may be cancelled , modified or amended only by a written instrument executed by both the SELLER and the BUYER . If two or more persons are named herein as BUYER their obliga- tions hereunder shall be joint and several . The captions and marginal notes are used only as a matter of convenience and are not to be considered a part of this agreement or to be used in determining the intent of the parties to it . 22 . SUB•DIVISION PLAN - The Buyer shall , at Buyer ' s sole expense, have prepared an "approval not required" subdivision plan, for submission to the Barnstable Planning Board , substantially in the same form as Exhibit A attached hereto . Said subdivision plan shall be prepared , submitted , approved and recorded , all at Buyer ' s expense, on or before December 1, 1987 . Failure of the Buyer to conform with this provision shall render this agreement null and void , and without effect on either party. Prior to submission to the Planning Board , Seller shall have adequate opportunity to review and approve the proposed plan, said approval to be given within Twenty-one (21) days of submission and not to be unreasonably withheld . It is acknowledged and understood by both parties that the purpose of said review is to insure that the Seller will retain sufficient acreage to allow for the existence of , two (2) lots capable of use for residential structures , under existing zoning . 23 . ZONING - Buyer ' s duty to perform as called for hereunder shall be expressly conditional upon the Buyer ' s ability to obtain either a change in the existing zoning, a variance or a Special Permit, sufficient to• allow the Buyer to construct and operate an automobile dealership on the subject premises prior to the date for performance . The Buyer agrees to proceed with due diligence in his attempts to obtain said zoning change, variance or Special Permit . Any and all costs -5- i %jicn reference to tie ohtaining of GUCi rezoniny , VcAL I allie UL Special Permit, including engineering , legal or other costs shall be at Buyer ' s sole expense. 24 . SUPERSEDES OTHER AGREEIbhN1'S — This Agreement supersedes any and all other agreements made prior hereto by and between any or all of the parties hereto with respect to the transaction contemplated hereby and all of such prior ' agreements are hereby made void and without recourse to the parties thereto . 25 . ENFORCEMENT OF THIS AGREEMENT - In the event that either party shall engage legal counsel for the purpose of enforcing this Agreement , and litigation is actually commenced by either party, the costs and reasonable legal fees of the prevailing party in such litigation shall be paid for by the non-prevailing party. 26 . RECORDING - The parties here to agree that this document shall not be recorded with the Barnstable County Registry of Deeds , and the recording of same , by either party shall render this agreement null and void , and without further effect . 27 . Prior to the commencement of any construction on or development of that portion of the premises to be sold to the Buyer , Buyer shall submit to Seller copies of engineering, architectural and landscaping plans . Within Twenty-one (21 ) days after submission of same by the Buyer . Seller shall review and approve of the plans , said approval not to ,be unreasonably withheld . The Buyer agrees _ to take into due regard the need for screening and privacy with reference to Seller ' s remaining property in the preparation of said plans . 28 . ADDITIONAL PROVISIONS - The initialed riders , if any, attached hereto, are incorporated herein by reference . SELLER : BUYER: / TRACY VOLKSWA4N, INC. Y c by Frank R. McDonough Jaf 1VTracy, it resident Catherine McDonough 1295B -6- i RIDER TO PURCHASE AND SALE AGREEMENT BETWEEN FRANK & KATHERINE McDONOUGH AND TRACEY VOLKSWAGON, INC. , d/b/a TRACEY SUBARU 1 . The parties hereto agree that the Buyer shall not , without the prior written consent of the Seller assign, convey or otherwise transfer its rights hereunder . Such approval and consent by °the Seller shall not be unreasonably withheld . Catherine McDonough, Seller Frank M Donough, Seller TRA VOLKSWAGON, INC. , d/b/a TRACL/Y SUBARU By : T� ' Its ' - 1515B Y+ sod • • w+...7 c��r S>;c-T JC.T�I C&AA\\ s..A.o �sl} iTn.•lF 47�E/�TS�ISIs/tL1rS 11 _ tip K1TC.111_N FLOW- yMY e^No t..o�w..t. A7.-I�+le 30 bA TSi/lP IL)f GAL C�REASE ,1SEcc o.AYtET FJt.4 CrF CA=PTN r '. ., • +•tom 11• F.\ (10)• 1 LfsCN Pplrs ti do TTUf�' 4 1;r..n.gF rE.Jt• c\ A •�ti �w�/V / �} v11S r 490 Lin 19 4 O�EP' `O 4�D .Cr•.r tr `rF ••r... P F'R1 M n/1^pot IJtIrH ipt: C T C E.A I Sr r.rrA t• rop or A. n 27..s ..� r Aftez � '----/'•C-LOr1 .ly wn LOT i j SWALLOW �1 _EXI en T r 1 xy ?O40 2eEDROO 63i51�06/C"rE fGCI'nf 1 �-�nl Et I . , 9a0 FT2 R6TA1 L1IL r.;,r c •Or C s. Fp A , 1GT A / cLOW Y) VGD Y/.NN107 Bf\PT..IS ` +)i) ,EA.TS`-35G1rr/"•EAT . 1.1 '.O-,Cv.' � 2A1►'-IBOW 1 ii PFT'DhC M�.(t 110(- trr MIX-C'.Gtf LPG 7 ,..moo' •, r C7Z FT= o; Ir:CE ram• 7(% .11 - !r. JC�c wL�ttc' 3.40GT2 RETAIL �JIrU&rl> t=11_ I Tt T.%.L Llib•/ I e3 V L cup, /ry• +� 1')1-7 - 1?07 - 10 f3rG LE& Tt•+n tJ e t,.a�htCr C,v.. f.•AG u¢- t 0 N 5 E r,VA N'Y Ct•'•TC IC �.2 = ^12S^. (..SL 1:.G• n• r (ckt o+ 1�c•wp�>�.., r ' . f'� �•- �* ! I��f.�'� �l�tC�G�VfJf7t t.JC- /aLfA•��'7�TTF:-6S ' i � jAvert t or•-\• ( G:.�i :'. ::� � 1r.Irz r31 .1 f HETO� TOWN OF BARNSTABLE OFFICE OF sAaasTssLs�Ep�0039. BOARD OF HEALTH 0M ` 367 MAIN STREET A`�Iw HYANNIS, MASS. 02601 November 2, 1990 Patrick M. Butler Nutter, McClenner Si Fish Route 28, 1185 Falmouth Road P. O. Box 1630 .Hyannis, Ma 02601 Dear Mr. Butler: I am in receipt of your letter addressed to Joseph Daluz dated October 16, 1990 concerning Mrs. and Mr. Frank McDonough's property at 1575 Route 132, Hyannis, Ma. You stated that you were informed that the "quality of water from the well presently used is of excellent quality ..." However, the Board of Health has not received any water test reports since February 13, 1989, over 1 i years ago. In addition, the Board of Health has not received a Well Water Completion Report from a well driller as required to be filed by law since 1974. This report provides data on the location of the well, it's depth, the material it draws water from, the drilling method used, as well as results of pump tests. Also, you stated that Mr. and Mrs. McDonough have negotiated with Mr. Shields "to allow for the construction and extension of public water utilizing a line of such dimension as to meet the requirements of the Barnstable Water Company." Please submit a copy of the written negotiated agreement, recent well water test results, and a Well Water Completion Report to the Board of Health within ten (10) days of receipt of this letter. A copy of this letter will be forwarded to Mr. Joseph Daluz, the Building Commissioner, who is requested to revoke the Temporary Occupancy Permit should the above requested information not be furnished within ten (10) days. Very truly yours, Thomas A. McKean Director of Public Health Town of Barnstable TM/bcs Copy: Joseph Daluz Frank McDonough Board of Health TOWN OF BARNSTABLE OFFICE OF Dsaa9TM i BOARD OF HEALTH MA$& p� °o i639• ��� 367 MAIN STREET �cMaY" HYANNIS, MASS.02601 July 27, 1990 TO: Joseph Daluz Building Commissioner FROM: Ann Jane Eshbaugh Chairman, Board of Health The building owned by Frank R. McDonough located at 1575 lyanough Road, Centerville, is currently occupied by several persons, according to Thomas McKean, Director of Public Health. According to Doris Fisher, clerk of the Building Department, no occupancy permits were issued for such residency. Also, the building is not connected to public water as required by the Board of Health. I am respectfully requesting you to enforce the occupancy permit regulations at this site. If you should have any question, please call Thomas McKean at ext. 269. copy: Warren Rutherford o�T11e Tpl► TOWN OF BARNSTABLE OFFICE OF BeaASL L rasa BOARD OF HEALTH . �00 039. `� 367 MAIN STREET HYANNIS, MASS. 02601 February,10, 1989 Mr. Frank McDonough 1471 Iyanough Road Hyannis, Ma 02601 Dear Mr. McDonough: We are in receipt of a copy of a well water test report obtained from 1575 Iyanough Road, dated February 1, 1989 which states "This sample does not meet the bacteriological standard for drinking water". "Also, water sample has higher than average levels of nitrate". The Board of Health is anticipating your connecting the lodging house located at 1575 Iyanough Road, Centerville, to public water, because the Board disapproved your request to install a well May 24, 1988 and June 21, 1988, after you appeared at the Board meeting with your well driller, Nicholas Kapolis. Also, you agreed to connect the ,lodging.house to public water by May 1988, . per letter signed by you dated May 11, 1987. The Board of Health approved a Disposal. Works Construction Permit and your building permit for the lodging house on May 12, 1987. The Board of Health will not approve an,�Occupancy Permit for this building until the building is connected to public waer. Sincerel 'Yours, ��,�+, Grover C. M. Farrish, M.D. Chairman Board of Health Town of Barnstable GF/bs NUTTER,McCLENNEN & FISH VILLAGE MARKET PLACE 1I ONE INTERNATIONAL PLACE 297 NORTH STREET WASHINGTON BOSTON,MASSACHUSETTS 02110-2699 HYANNIS,MASSACHUSETTS 02601 SAN FRANCISCO (617)439-2000 PALO ALTO TELEX:940790 (617)771-4100 AMSTERDAM TELECOPIER:(617)973-9748 COUNSEL: TELECOPIER(617)771-8079 LONDON TOKYO July 11, 1988 Grover C.M. Farrish, M.D. , Chairman Board of Health Town of Barnstable 367 Main Street Hyannis, Massachusetts 02601 Re: Frank R. McDonough and Catherine McDonough 1575 Ivannough Road, Centerville, MA Dear Mr. Chairman: I am informed by my clients that the Board of Health has recently held a public hearing to reconsider the request of Mr. and Mrs . McDonough for approval to obtain drinking water from an individual water supply well located on an abutting lot to service the lodging house presently under construction at 1575 Iyannough Road, Centerville, Massachusetts . I am writing to request a copy of the Board' s formal written decision with reference to that re-hearing. ery ruly you , 4trio M. Butler PMB:jl cc: Mr . & Mrs . Frank R. McDonough TABLE FIRE DISSUICT IVAIINS 4- P. 0. BOX 546 7 Jog bARNSIABLE, MA 02630 PHONE: (617) 362-6498 WATER DEPARTMENT 1841 ftinney's Lone February 1, 1988 Mr. Frank McDonough Rainbow Motel Rt. 132 Hyannis, MA 02601 Dear Mr. McDonough: Enclosed is a rough schematic of water main extension on Rt. 132 indicating approximate length and fittings. Any one of the Dis- trict approved contractors, listed below, can give you a cost estimate for installation of this main, along with domestic and fire services to the buildings. Very truly yours, Jon R. Erickson Supt. Water Dept. JRE:pb 1 enc. ABCO, Hyannis Chandler Const., Hyann-i-s Robert B. Our, Harwich Vetorino Bros. Barnstable 'V�� r '� f ; r 1 r �,t r �. f 1 'i.• .r' ^-M 'IRt.,V1�C.r •,/ n 'i,'' / /6 I j ��///p� (/�J��,'/�y//�, �e��1!'.�Q'�I,/9j ! _t t�t ,�t � •; ' � its , + 1 �1J YYY VVV III /.•[ V'(• .t(j,^''•'>�./'�1``,,�� •i'. AA NP, All • �,.ri •t � \ , . '� ,� � , RY�. 1,3�r.h•9y nis;.Mass:0�: � ; 362-a217 1 ,J oil I OLD ROUt� 1 as �-•�`,�O , 511.1 /x , ,► �r �^-$LSD•11 e4•1 '"' n�V•.0 iq WT. ` � Ili,(., � � ' - ` 1 'M•u � Ai.e N-ta�•1�rs t 1:1Sy J, /r /J'. . �,. ' � � rto ? p , SILO PICO ' f.�, 40 S 1 1 ' ri;,, r i•, 1 office Building. ti Sun Trucking RoJ`e�� Ethan Allan Furniture & Storage Company S\4 lyanough Hills Hotel Bank of New England i— 'r Ro.,rt 6 G i � Route 32. loop CID. Rainbow P ia rc e l R \ Motel F Y y f r c Country Shallow Pond' Lake \ Condos Hotel Q� Shallow Pond Page No. of Pages BARNSTABLE CONSTRUCTION CO., INC. d/b/a Chandler Construction Co., Inc. 550 WILLOW ST. a i x)m HYANNIS, MASSACHUSETTS 02601 Phone 775-3357 PROPOSAL SUBMITTED TO PHONE DATE STREET JOB NAME RT. 132 RAINBOW MOTEL CITY,STATE and ZIP CODE JOB LOCATION HYANNIS, MA 02601 RT. 132, HYANNIS, MA ARCHITECT DATE OF PLANS JOB PHONE P Prop or hereby to furnish material and labor— complete in accordance with specifications below, for the sum of: THTRTY TWO THOUSAND ONE HUNDRED FORTY FIVE AND on/loo dollars ($ 321 4 5-00 ). Payment to be made as follows: ONE THIRD 10 1 .00 ON DEPOSIT BAL. OF 21430.00 ON COMPLETION OF JOB.* All material is guaranteed to be as specified:All work to be completed in a workmanlike , manner according to standard practices.Any alteration or deviation from specifications be- Authorized C_ low involving extra costs will be executed only upon written orders,and will become an Signature extra charge over and above the estimate.All agreements contingent upon strikes,acci- dents or delays beyond our control. Owner to carry fire,tornado and other necessary 30 insurance.Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within days. We hereby submit specifications and estimates for: ........ ... ........._.... ..:.._................... ........,...... .......,........ ........................ WATER AT RAINBOW MOTEL ,- RT.- 132-,- HYANNIS, MA AS -FOLLOWS, PLEASE NOTE THE POLICE DETAIL WAS NOT INCLUDED IN VERBAL QUOTE. .................. .... 1 .12.n. X 12n. -T.S. &...V V. /....BOX ... _.. ................. 1100 L.F. 12" D.I. (CL 52) ......... ..... ... . ...... ... ...... ........... ............... ...... .. ............. ............................ ............ 20 L.F. D.I. 1-12".. G..:V-:/BOX. _ .. .... ... .. .. ... .. ......... ................... ......... 2-6" G.V./BOX 2-1211 X 611 ANCHOR SEES _2-....MUELLER...HYDRANTS. _.._.. .. 1-2" BLOWOFF ASSIMBLY .... ..._ . ....... ... . .... ..... .... . _ . ..._... ...... 1-CHLORINATION TAP 1100.....LF...T-EST....& .CHLORINATE ........................ 25 HRS. INSPECTION TOTAL.... ..... , 31505.00 ........ ........................... ..... ......... ................................... . POLICE DETAIL/ 32 HRS. @ 20.00/HR. 640.00 ......... ...._ ... .. .. ............. . .. ........ ......... . ......... ......... . ............._.. TOTAL .... . 3214500 ......... ......... ............................... ........ . .. ...... ............................... INTEREST; PER MONTH, 18% ANNUAL RATE MAYBE CHARGED ON ACCOUNTS 30 DAYS FROM COMPLETION DATE. PLEASE SIGN ALL THREE COPIES; RETAIN THE PINK-FOR-YOUR RECORDS AND RETURN THE OTHER TWO, ALONG WITH YOUR DEPOSIT CHECK TO OUR OFFICE. ......... .......... ................................ .......................... .......... .......... ........._ ......... ......... ....................................... .................................. . ........ ....... ..... ... .... .. .. ............ ......... .. ........... ............... ......... ._ .._ .... ... .... ... .. .. .. ... ..... . ........... ............. ........... . ....... .. .... _ .... . .,...... ... . ..... ........... ......... ........... ......... .. ...... ...... . .......... ......... ..................... .. ...... ......... .... . ......... ......... _.. ..... ... # ......... }....__... .. ...... .......... .. .. _.. ........ _........... ... ........ . _ ......: ,�raptattrr of Proposal—The above prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature FORM 218-3 Available from �Inc.,Groton,Mass.01450 Page No. of Pages R BARNSTABLE CONS r RUCTUIN CO., ONQ d/b/a Chandler ComAructian Co., lttc- HYANNIS. MASSACHUSETTS 02601 Phone 775-3357 PROPOSAL SUBMITTED TO• PHONE DATE VP,trau r,frTtnrarurr+:T (u raa�ru.l rtr�rPxt.l �4;�—�;i" STREET _:__ _. JOB NAME 4 R'.L. .-32 RAIRBO1'i Mo iEL CITY,STATE and ZIP CODE JOB LOCATION HYA1,*-N18,.�YA 02601 RT. 132, HYANNIS, MA ARCHITECT DATE OF PLANS JOB PHONE i 1P 11ri pofliF hereby to furnish material and labor— complete in accordance with specifications below, for the sum of: b t{l lrry + 1(l �_ (1T;.cAT�;I (iNN' NTTAIT1RTi!T) Tt�(lRt,'Y V'r1fF'i AT.T7) no r)Tt —dollars (� 7f�n its 11f1 �. Payment to be made as follows: - - y . IT).'. -Ili f?:Tl l lrl7l5_nfl_1 014 nPID qT'h 'AAT,_ .M' 07 r.0!1}:1T, tltt7_1V (I— All material is guaranteed to he as specified.All work to be completed in a workmanlike manner according to standard practices.Any alteration or deviation from specifications be- Authorized /p/j�f r' /oil` low involving extra costs will be executed only upon written orders,and will become an Signature I ,. ii extra charge over and above?he estimate.All agreements contingent upon strikes,acci- dents or delays beyond our control.Owner to carry.fire,tornado and other necessary insurance.Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within 30 days. We hereby submit specifications and estimates for: WA! 'R A I RAINB0W 1410TEL , RT. 132, HYANNIS, MA AS FDLLOWS, PLEASE N0 EE THE POLICE DFJxirAII, WAS NOT INCLUDEl? IN VERBAL gJOTE. 1-12" X 12" T.U. & `I. / BOX 1100 L.F. 12" D.I. (CL 52) 20 L.F. 6" D.I. 1-12" G.V./BOX 2-6" G.V./BOX 2-12" X 611 ANCHOR TEES 2— 14LT1;I>IIM HYDRANTS 1-2" BLOWOFF ASS-3MLY 1—CHLORINATION 'PAP 1100 IF TEST & CHLORINATE 25 HRS. INSPECTION 1 L 31505.00 POLICE DETAIL/ 32 HRS.- @ 20.00/HR. 640.00 Tl7DAI, 32145.00 1.5% INTEIPOT, PER MOTI i, 18% AHUUfAL RARE MAYBE CHARGED ON ACCOUfM 30 DAYS FROM C%iP7..FTI011 DATE. PL iE SDGId ALL 'TcIREE COPIES, RETAIN ItE PINK FOR YOUR RECORDS AND RE'T'URI'i THE OTHER 'TWO, ALONG VITH YOURDDEPOSIT CHECK TO OUR OFFICE. s t .C�trPiMnXF Iifrn���ttl—The above prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature �-+ FORM 218-3 Available from eBs Inc.,Groton,Mass.01471 e Page No. of Pages d/b/ic ; cn, Inz, HYAJYMS, 77ASS,'CM;SETTS 0250! PROPOSAL SUBMITTED TO PHONE DATE in:' ' *!...i)—'.�', I'i, '�j/ STREET JOB NAME RA-LIMW 111U.,tl CITY,STATE and ZIP CODE JOB LOCATION Iyl�Jbl 12, i-ji X,:. L32', 11Yfi11V',(,, Af. ARCHITECT DATE OF PLANS JOB PHONE it r4---- — r froposir hereby to furnish material and labor— complete in accordance with specifications below, for the sum of: Hol.11"WT) t"t iH'I Y Lilt it j(j/ I I'1, 4', Payment to be made as follows: —dollars If All material is guaranteed to be as specified.All work to be completed in a workmanlike manner according to standard practices.Any alteration or deviation from specifications be- Authorized low involving extra costs will be executed only upon written orders,and will become an Signature extra charge over and above the estimate.All agreements contingent upon strikes,acci- Note:This proposal may be dents or delays beyond our control.Owner to carry fire,tornado and other necessary insurance.Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within days. We hereby submit specifications and estimates for: BOW 174-hM 9 R". Ork, HYAJL1W, 11� At3 FELLUVIS, PLEASE NUT, THR P%ACE VAT.ER A'!' RA.';;A r— WIL3 NOY '�Ijo'LE. x V box j%ollolv? ;,�,U�NA 31505-00 PGILACl'A DETIAIL/ 32 11ha. L, 20.00/1M. tj4u.ou 11-MIAL 'C?.L45.w le 1.5;5 ILTEREb " PER 111,31M, 18,1�, AUD MY E UAL 4'%YBE CHARGED ON ACCOU17A!88 30 VAY;3 FR0:1 CullplAallui DVft, E. ?hIM61; ;:Wrl U1, 1HR's?" U0=3, AIL"k-I'd ':U 111%,%'. FOR' V 1UR M'CORD.'; VID ttEi'014' G'Lijrrl The above prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature FORM 218-3 Available from Jees Inc.,Groton,Mass.01471 NUTTER,McCLENNEN & FISH ROUTE 28-1185 FALMOUTH ROAD P.O.BOX 1630 HYANNIS,MASSACHUSETTS 02601 TELEPHONE:508 790-5400 FACSIMILE:508 771-8079 DIRECT DIAL NUMBER: November 11, 1990 Thomas A. McKeon, Director of Public Health own of Barnstable Board of HealtCh 367 Main Street Hyannis, Massachusetts 02601 Re: 1575 Route 132 Hyannis , MA Dear Mr. McKeon: This will acknowledge my receipt on November 6, 1990 of your correspondence of November 2, 1990 . Please advised that I am in the process of obtaining the reports requested by you, and I will submit same to you, together with a copy of the terms and conditions of the Agreement for Construction and Extension of Public Water Services to the above address . I am scheduled to be away from my office later this week, and I am writing, therefore, to request an additional seven (7) day time period for presentment of these items to you. Should that timeframe present any problems, please contact me by telephone upon your receipt of this correspondence. Thank you for your courtesies in this regard. V truly yours, Patrick M. Butler PMB: j 1 2432r BOSTON,MASSACHUSETTS COUNSEL:AMSTERDAM•LONDON•TOKYO 790-6227• JOSEPH D. DALUZ TELEPHONE: X'35MIECK Building Commissioner % TXA TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 August 2, 1990 TO: Ann Jane _Eshbaugh Chairman, Board of Health FROM: Joseph D. DaLuz, Building Commissioner RE: Frank McDonough 1575 Iyanough Road, Centerville You correspondence re Frank McDonough has been referred to his Attorney, Patrick Butler who has been working on the installation of a water main on Route 132. i `+i, M bt NLAJ f.; i :. _._ fi ;r &re�� e��e o Sno� c/ Daniel S. Greenbaum Commissioner GL4EU LGCzIi, G��� , ✓f BdILC/mwff&0_984 ' Gilbert T.� oly (OP Regional Di r, July 17, 1990 Presidential Motor Lodge RE: BARNSTABLE--Public Water Route 132 Supply, Non-Community Hyannis, Massachusetts 02601 System Monitoring Presidential Motor Lodge PWS ID #4020009 Dear Public Water Supplier: Our records indicate that, according to 310 CMR 22 . 00 the Massachusetts Drinking Water Regulation, your facility is a public water supply. The Drinking Water Regulations of Massachusetts require that you have certain laboratory analyses of your drinking water performed by a State certified laboratory at your expense and that you have copies of those analyses results sent to this Department. The following items, indicated by an X, are those for which laboratory analyses on a continuing routine basis are required: ANALYSES YEARLY REQUIRED MONITORING SCHEDULE X Coliform Bacteria 1st Quarter X 2nd Quarter X 3rd Quarter X 4th Quarter --------------------------------------------------------------------------- X Sodium* lst Quarter or Every 3 years X 2nd Quarter X 3rd Quarter X 4th Quarter *If the sodium level exceeds 15 mg/L, analysis shall be done quarterly. Original Printed on Recycled Paper -2- X Nitrate* 1st Quarter or ' X Every 3 years 2nd Quarter 3rd Quarter 4th Quarter *If the nitrate levels exceeds 5 mg/L, the Department may require yearly analysis. Our records indicate that analyses results for coliform bacteria, sodium and nitrate have not been received by this office for the year 1990. These analyses are to be completed, with a copy forwarded to this office within thirty (30) days of receipt of this letter. Please be aware that, in accordance with 310 CMR 22 . 16, of the Massachusetts Drinking Water Regulations, failure to have your drinking water supply sampled and analyzed according to your monitoring schedule, with a copy of the analyses results sent to the Department, will cause you to have to notify the public of this failure by, conspicuous, continuous posting. Please forward a copy of this analyses schedule to your laboratory. If you have any questions regarding this regulation requirement, please telephone Ms. Kristen Silvia at (508) 946-2762 . Very truly yours, awrence S. Dayian, Ch' f Water Supply Section D/LT/bh cc: Board of Health 367 Main Street Hyannis, MA 0260.1 c Date - - Fee TOWN OF BARNSTABLE bG 4N�Tor, OFFICE OF D"aN"a BOARD OF HEALTH soo 039 Q MAY M 387 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. Frank R. and Catherine McDonough 362-3217 NAME OF APPLICANT TEL. NO. ADDRESS OF APPLICANT �471 Rte. .132,. Hyannis, Ma. 02601 NAME OF OWNER OF PROPERTY Same SUBDIVISION NAME DATE APPROVED ASSESSORS MAP AND PARCEL NUMBER R�53 019 100 LOT SIZE 2.58 acres LOCATION OF REQUEST 1575 Rte. 132, Centerville, Ma. VARIANCE FROM REGULATION (List Regulation) Individual Water Supply REASON FOR VARIANCE (May attach letter if more space is needed) Building should be ready for occupancy June 15,1988. Reoques jpRro a19 get water from abutting lot which I also own PLAN '- TWO COPIES OF PLAN MUST BE SUBMITTED CLEARLY OUTLINING VARIANCE REQUEST. VARIANCE APPROVED NOT APPROVED REASON FOR DISAPROVAL Grover C.M. Farrish, M.D. Chairman Ann Jane Eshbaugh James H. Crocker, Sr. BOARD OF HEALTH TOWN OF BARNSTABLE Office Building Sun Trucking Ethan Allan Furniture & Storage Company flk`�� lyanough Hills Hotel Bank of New England sk \ 0 1� T R,�TI- 6 S���c� i��e�1`e \ 4 7odl, ��• Route 132 K�M► r�r'o _ o 000 .000 CIA. Rainbow Parcel 0 \ Motel �yf c Country Shallow Pond'a Lake \�� Condos Motel p CO � (p Shallow Pond office Building Sun Trucking Rote Ethan Allan Furniture 8 Storage Company lyanough Hills Motel Bank of New England f� 7o Rwtt 6 40. 0N e Route1 i 32 Gee \ c fed �Gi• To h�YM►Nls ..r 0 i � r!o ,� 000, 0000 0.00 00, \ Rainbow 7r, l R Motel as c Country Shallow Pond' A Lake Condos Motel Shallow Pond M lAINlTACL = Health Dept • Town at--Bamst 1# vo ,A�p. CCJJ ,d• CPS f 1� II:7---�n� 36 7 Main slnfl, Ay ,nia, I//am. 02601 September 11 , 1987 S EP 14 1987 /ohn KellT0: Y . Joseph DaLuz From: Board of Selectmen We are holding an application for a lodging house license for. Frank McDonough, 1575 Route 132, Hyannis We are missing the inspection form from your department. This application was received in this office and forwarded to you on Pay 20, 1987 Please state the reasons as to why the delay in your inspection. Thank you for your consideration. September 14, 1987 To: Board of Selectmen From: John elly Boa of Health Mr. Frank McDonough said he would call when he was ready for inspection. He wrote this on his application. Richard Novick his manager stated on 9-14-87 that they still were not ready. See attached form. There is only a found tion on the property. Mr. McDonough states he will resume building in October7987, cannot inspect what is not there. i I I j.. i i 1 A I I STM : Health Dept r 0Ns l,!/ � ToamofBamstabla MA 367 M,M SIrve'l, Annie, aae. 02601 September 11 , 1987 S EP 14 1987 John Kelly y • Joseph DaLuz From: Board of Selectmen We are holding P an lication for a lodging house license for. Frank McDonough,a 575 Route 132, Hyannis We are missing the inspection form from your department. This application was received in this office and forwarded to you on May 20, 1987 Please state the reasons as to why the delay in your inspection. Thank you for your consideration. September 14, 1987 To: Board of Selectmen From: JohVeAy� Boaof Health Mr. Frank McDonough said he would call when he was ready for inspection. He wrote this on his application. Richard Novick his manager stated on 9-14-87 . that they still were not ready. See attached form. i y • 3,;.Od�t�"S�•+�►�.���Km a.»-..,:•:mac a,!;'.—i.ra*Kw.c.s�Oati'+�j7Y'Ns,...�s�wfio;�x+.�'i5+t,.�+.�^W"'• Y'� r ar:. .. .. .. - . 000ldo Thomas F. Geiler e„ Licensing Agent { V0 TOWN ;.OF,: BARNSTABLE :775-1120 Selectmen's 01(I�e. 163r.`� New Application ` ❑ Renewal Application :.4. ;. LICENSE APPLICATION 2� �98? (Please bear down hard) rMaY t . Frank R. Mn Doough same Name of :Applicant ... 1471 ltte 132 llyannis,.`MA.026U1 Permanent. .Address. .«.«.« »«....««. . ...»« ............ »«»»» »»»»« : »«.»»«--..«. Ir " « Place of BartI dlanct r -« Lodging house t 5"19 47 Type of.License: » » «:«».t .. __Date. Submitted ri Name of Manager len hlcl)onoug -Flyyn' Permanent Address. ` 575 Rta 132 a s. MA 02601� Local Address 1�ZLJ3t:e lbw C [t�AraLs.. l i2.G117,» �, Teie hone: ho a 362-4480 « r y 362=4934 p ( -Tn ) _Business. « « r Loe.anon of Business. 1.575• ltte 132 llydnn' 6 . MA 02601 Present Zoning of Locus „_RD1 Prgperty Owner's Name: FrankR. 1�.Catherine Mc Do gh� ad�ese 1471RtP 132 llyannt9 MA'02601' - Ig gas used! « : .�» «« Other:.flammable substance! (epec>tfy) OQ If new license state' date of proposed opening: August: ]5, :1987 - :'This lorm must be'.completed at least`twentyone:'(21) days prior'to':the effective date of license. This application will not be forwarded,to.the Selectmeq for, approval .until all necessary; insp ecti6ns "aR'completed. Inspections will. be carried out during the twenty-one (21) days.prior%toA'the.effective.date .;and iY .ihe:,premises to be licensed-are not ready for insuzr±ioii the issuance of any license will be.delayed-pg>Zding ite-inspection' at'the convenience of the inspectors. Ap- ` plicants must contact the Building•Inspectorq .Off ice, the(Board of Health Office and the.appropr ate Fire District, Office to schedule inspections. NO BUSINESS MAY OPERATE WITHOUT VALID LICENSE ON THE`PREMISES fw Signature of 'Applicant:a cant «- ` C Date.License Fee. INSPECTORS APPROVAL BUILDING: »««..... «« DATE.» ««.»»»_»».WIRE »,»« DATE:»_ »» • wl PLUMBING _DATE:-.'— _» (IRS: « »_« . « » DATE:»»» » 1. J FIRE DEPT «..«»:» » DATE «..BOARD, OF 11EALTH »» DATE:_ ' ACENSING AGENT ..« DATE:-" .».;....LICENSE GRANTED.:,::'—«. . DENIED :' DATE: WHITE: • (SEIEGTMEN) GREEN: • (BUILDING INSPECTOR); CANARY: (HEALTH DEPARTMENT) PINK: (FIRE DEPARTMENT) GOLD:, (APPLICANT) I Centerville-Ostni:ville Fir,e.Uistriet ' office Building Sun Trucking Ethan Allan furniture & Storage Company Oda Iyanough Hills Hotel Bank of New England \, c `��e O 04, �. af Route 132 15,61 To on* p d, 4 � .000 -o asrr /s � � ' Rainbow 0 . P ia rc e l f Hotel y� o Country \ Shallow Pond' Lake a ' Condos Hotel f Shallow Pond NUTTER, McCLENNEN & FISH POST OFFICE BOX 1630 � "" .�,8�! �U.S.POS1AR HYANNIS,MASSACHUSETTS 02601 U NOV 1 3,90 r-1 yes a� � Y=; 025 MA 54696 _ Thomas A. McKeon, Director of Public Health Town of Barnstable Board of Health 367 Main Street Hyannis, MA 02601 NUTTER,McCLENNEN & FISH 'COP ROUTE 28-1185 FALMOUTH ROAD P.O.BOX 1630 HYANNIS,MASSACHUSETTS 02601 TELEPHONE:508 790-5400 FACSIMILE:508 771.8079 DIRECT DIAL NUMBER: October 16, 1990 Joseph DaLuz, Building Inspector Town of Barnstable Town Hall Hyannis, Massachusetts 02601 Re: Mr . and Mrs . Frank R. McDonough 1575 Route 132 , Hyannis , MA Dear Mr. DaLuz : Pursuant to my correspondence of September 12, 1990, please be advised that I have investigated the factual background concerning the above-referenced property. I am informed by my clients that subsequent to obtaining a Building Permit on May 5, 1987 for the construction of the structure at the above address, that the McDonoughs entered into negotiations with Mr. John Kelly of the Board of Health to allow for use of a temporary well pending connection of the property to public water. I am further informed that in the spring of 1988 Mr . McDonough met with Thomas Mullen, Superintendent of the Barnstable Water Company, who informed him that a 6" line to service both the above property and the Presidential Motor Lodge would be acceptable. Based upon that information, Mr. McDonough had further meetings with Mr. Kelly, and agreed in consideration for temporary use of existing on-site wells to connect the proposed lodging house to town water on or before May, 1988 . During the subsequent year, Mr. McDonough met with Mr. Erickson of the Barnstable Water Company, who informed him that a BOSTON.MASSACHUSETTS COUNSEL:AMSTERDAM•LONDON•TOKYO NUTTER. McCLENNEN & FISH Joseph DaLuz, Building Inspector October 16, 1990 Page 2 6" line would be unacceptable, and that the lines would need to be for 12" . In October of 1988, Mr. and Mrs . McDonough entered into a Purchase and Sale Agreement with Robert M. Shields, Jr. with reference to approximately 4 . 2 acres of land located immediately to the east of the subject locus . Based upon the terms and conditions of that Purchase and Sale Agreement, Mr. Shields was to provide utilities for a 23 , 000 square foot shopping center to be constructed on the adjacent property. As a result, Mr. and Mrs . McDonough have negotiated with Mr. Shields to allow for the construction and extension of public water supply utilizing a line of such dimension as to meet the requirements of the Barnstable Water Company. Mr. Shields has applied for a Special Permit, which permit is presently under litigation in the Barnstable Superior Court . Based upon negotiations to date, it is anticipated that the matter will be remanded in the very near future to the Board of Appeals for a final determination. In addition, we anticipate receipt of all necessary state approvals within the next sixty days . As a result, assuming favorable action on the part of the Board of Appeals, public water supplies should be available in the spring of 1991. We are informed that the quality of water from the well presently used is of excellent quality, and we are not aware of any adverse environmental affects to date. In light of the impending development of the adjoining property, it would be most cost-beneficial to both the McDonoughs and the Town to allow the McDonoughs to provide public water to the subject property via this development process . We would request, therefore, that the temporary Occupancy Permit previously issued with reference to the property remain in affect pending the outcome of the Superior Court litigation on the Special Permit, and installation of public water. Very truly yours, Patrick M. Butler PMB: j 1 2239r cc: Board of Health � 1 u t ` { �s�a'� '.T}.,`. r / / va�+i^r'..,...A`:._:.!_.;'.Y, ....iLt rra�Y.wi"i'•V jl! � l m t r »3ru.0'4._�ntr....aa•.f.rjai2<,xr`t' _ _.- � C, -♦rI i ti - — ' N f * . i $ N Lo i IT IN +h- `�• � _,__�_---- --__--�— __ �% - � _ tit t s- lit 8 D Cox t(J`ptA P� 7'/ - ro Qr I / f r _ _ . M r' n{ k J 6 l , •t r ff F � s - - D'Y _ •Y .'i- •3.�r 1Y M , • u •� • a , F �, _ , .- , . .. r.. .__ __. , tea- .. .�. . � � _, __ ._ -.._ : . _." __ ��>�•-- -�. v ...-}.�y .. .•r.v-r ._p '•a- .. ./ ,:. ...a t.. .t., - , .s. wxr :- •... -t '.. - -.c yK.,- -'`n.s �s a..,._,`,4.- a .. :,. -« .. ..-.,. .:.. ,. .,a. •r ., ... t _-_a- � - - !}t• ..�._. ,.�: �. rt..,. 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SOIL TEST TOP- OF FOUND — ��------------ � �_(.,�„V S -►, �'r +, � , 10 FT. MIN. 1 �3 OBSERVATION HOLE I OBSERVATION HOLE 2 OBSERVATION HOLE 3 CONCRETE - '- - DATE OF TEST 4-1 -El7 DATE OF TEST 4 - 1 ' DATE OF TEST " COVERS 4 SCH 40 PVC LEAN SANDWITNESSED BY k� N WITNESSED BY k��� WITNESSED BY PIPE - MIN. PITCHCONCRETE k PERC. RATE 2 MIN./ INCH PERC. RATE 12 MIN./INCH PERC. RATE MIN./INCH - � 1/ 8 PER FT VC � � €�c r� , \1 COVERS _ N 4 ELEV. _ )E'.4 ELEV. = ELEV = �� `? 0 4 CAST IRON (OR / T`+ C EQUAL} PIPE - MIN7 12 MAX _ 7T,F �Jij PITCH I/4' PER FT __ - ic4� .. J>3>3;►- Tos' �6�a« 7`1 v5` I` it n a 2'_0 -2% MIN � � �o` �i/ 3 s -- I4 -(AY E T'iLL 612Aa)cjy Mt,Tj SAQf� n v FLOW LINE o ��EL S` C�hY 9 T(ILL lri +t3 EL 94 3 c —� a: �, T42 MIN EL= D o �_ - E L C'AVEI.LY h1tt� �.A►J!a � --- 77 - t•a MEUavP� I EL= EL= _ _ — — EL i ;��tzaJEL�..Y MED SA�.1D ti1r=i� - FltJrr �:R .1fS EL !zv 2" +zo E.�- D I S�T" WATER AT EL= 7h4 WATER AT EL = N1.�WATER AT EL = 6�L R BOX n I ° LOCATION MAP GAL ° II PRECAST LEACHING a n SEPTIC BASIN OR EQUIV — -- — EL= LEGEND: TANK I EXISTING SPOT ELEVATION 00,,0 EXISTING CONTOUR - - --00- - - - - - - j FINAL SPAT ELEVATION 00. I FINAL CONTOUR 0-- I PROFILE OF -- ---- ----- - - - ------- SOIL TEST LOCATION t9 SEWAGE DISPOSAL SYSTEM BOTTOM OF TEST HOLE OR OBSERVED WATER TABLE EL = ADJUSTED GROUND WATER TABLE ( 4 / / ) EL = TELEPHONE POLE -O- NOT TO SCALE HYDRANT TOWN WATER W —W� CATCH BASIN ®� ------- /-- FRAME 8+ COVER SHALL BE \ / SET WITH MASONRY UNITS CLEAN SAND -7WHICH ARE TO BE MORTARED IN PLACE 2" LAYER of GENERAL NOTES. 1 1/8"- 1/2" WASHED I. ALL WORKMANSHIP AND MATERIALS SHALL f I c STONE CONFORM TO D.E.Q.E, TITLE 5 AND THE m d TOWN OF EAL) Ii' „-f RULES & REGULATIONS FOR THE SUBSURFACE DISPOSAL OF SEWAGE 2.ALL COVERS TO SANITARY UNITS SHALL BE j� BROUGHT TO WITHIN 12" OF FINISHED GRADE I w 3/4"- 1 1/2" 3.EXISTING AND FINAL GRADES SHALL REMAIN I - > WASHED STONE i A p _z ' p ESSENTIALLY THE SAME 6 ~~ 4. NO DETERMINATION HAS BEEN MADE BY THIS SEC SHED l of ^' 1 / Iww IU_0 OFFICE AS TO COMPLIANCE WITH TOWN U_ PRECAST LEACHING f - --- p w o BASIN OR EQUIV ZONING REGULATIONS. OWNER / APPLICANT IS TO DETE — 24' DIA COVERS ° a APPROBPRIATE TAINS AU SUCH FROM I PLAN VIEW 5. THIS PLAN IS VALID ONLY IF IT IS STAMPED AND SIGNED IN RED. THIS OFFICE ASSUMES NO RESPONSIBILITY FOR INFORMATION CONTAINED FRAMES 8� COVERS SHALL ON COPIES WHICH DO NOT HAVE ORIGINAL BE SET WITH MASONRY UNITS WHICH ARE TO BE MORTARED -- - - -- -- -- ---- — STAMPS AND SIGNATURES IN PLACE 6. ALL COMPONENTS OF THE SANITARY SYSTEM SHALL BE CAPABLE OF WITHSTANDING H-10 INLET LEACHING PIT DETAIL LOADING UNLESS THEY ARE UNDER OR WITHIN 3"MIN. OUTLET NOT TO SCALE 10 FT. OF DRIVES OR PARKING AREAS. H-20 6 MIN. FLOW LINE LOADING SHALL BE USED UNDER OR WITHIN 2 IN - — /—REMOVEABLE COVER 10 FT OF DRIVES OR PARKING AREAS �10"MIN. " OUTLET TEE OUTLET PIPES AS REQUIRED LIQUID DEPTH TEE . DEPTH BELOW FLOW LINE 4 FT 14 INCHES INLETL MIN. FRONT SETBACK r'�l 5 FT 19 INCHES , a OUTLET MIN. REAR SETBACK 4 FT MIN. FLOW r LIQUID 6 FT. 24 INCHES —� ' / � t I _� MIN. SIDE SETBACK j 7 FT. 29 INCHES ' } LINE DEPTH 8 FT 34 INCHES ° t' 2" 6' c APPROVED ; BOARD OF HEALTH DATE AGENT �. LINLET' TEE PROVIDED o PER 'SECTIONEST ION 15.10.2 PROJECT LOCATION NO►. OF OUTLETS-. F O l E (SZ HYA.NN A�;`; CROSS SECTION VIEW DIST BOX DETAIL APPLICANT SEPTIC TANK DETAIL PF c_"1,Na }�/\,1A NOT TO SCALE NOT TO SCALE H. J. 0"HEARAI /HC- DESIGNReg. L CALCULATIONS .and Surveyors - Reg. Soitorions 35 ROUTE 134 - UNIT 2 - P. O. BOX 237 NUMBER OF BEDROOMS /1APT + G SCI2, /I S L0V%SIN(, ?;ISF) SOUTH DENN/S, MA. GARBAGE DISPOSAL UN'T TOTAL ESTIMATED FLOW ( GAL/BR./ DAY x BR ) /r' GAL./ DAY a REQUIRED SEPTIC TANK CAPACITY 1155 { ' .. GAL. ACTUAL SIZE OF SEPTIC TANK ?OGD GAL -M` . LEACHING AREA REQUIREMENTS SIDEWALL AREA S GAL./S.F .•'r BOTTOM AREA O GAL /S.F. LEACHING CAPACITY ( BOTTOM SIDEWALL) 85 _GAL. 'A OF `} 0` M REVI S IONS x 5 1T . 5J7 Z+� p\ QJ q5^ `U SCALE RESERVE LEACHING CAPACITY 78 T 4_—GAL. o� PJCHARD �Iy� RICHARD c DATE J r v o J. o aaMEs O'HEA DR. BY APPD. BY v N - O'HEARN t 4 CIO fQo. 27871 �FCIsrF ';�. ' �� JOB NO.: soya ION SHEET OF.��' s iTa�" _°�^��i FORM 11/6/ 8d