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Home My WebLink About0525 OLD STRAWBERRY HILL ROAD - Health (2) ��SD�O S - � g __, Hyannis - --�`��--- —_ a.�3-�� TOWN OF BARNSTABLE Of TNB r0� Q,�v ♦pn OFFICE OF ,ARN,,,,,L BOARD OF HEALTH- Me' 367 MAIN STREET i63q. HYANNIS, MASS. 02601 December 28, 1988 Mr. Jacques Morin 300 Bearses Way Hyannis, Ma 02601 Dear Mr. Morin: You are granted variances from the Town of Barnstable Board of Health "Groundwater Protection" Regulation requiring proposed subdivisions within 3,000 feet of a municipal sewer line to connect all dwellings in the subdivision . '4 to the Town sewer if the lots are less than one acre and are located within a"zone of contribution to a public supply well. The variances will allow you to install eighteen (18) onsite sewage disposal systems at "Bayberry Place" subdivision, located at Centerboard Lane, Hyannis, listed as parcels 86, 90 and 91 on Assessor's map 273, parcels 1-12 on Assessor's map 107, and parcels 1-4 on Assessor's map 110, with the following conditions: (1) You must submit a plan of the locations of the eighteen (18) dwellings — proposed in the subdivision. '-----_._, (2) You must submit plans of each proposed onsite sewage disposal system designed by a professional engineer or registered sanitarian prior to obtaining Disposal Works Construction Permits. (3) The septic systems must be installed in strict accordance to.the submitted plans . (4) Each dwelling cannot contain more than three (3) bedrooms each. Dens, study rooms,enclosed porches, sleeping lofts, finished cellars, and similar type rooms are considered bedrooms according to the Department of Environmental Quality Engineering. (5) Each dwelling must be connected to Town Water. (6) Each dwelling must be connected to the municipal sewer when the Department of Public Works determines its availability. The variances are granted because the Town of Barnstable Department of Public Works Superintendent stated the "Interim Sewer Connection Policy" dated April 1988, revised May 18, 1988, prohibits extensions of sewer mains. Mr. Jacques Morin Lots 86, 90, 91, Lots 1-4 Centerboard Lane, Hyannis December 28, 1988 Therefore, municipal sewer lines are not available for this subdivision. Very truly yours, Rrover'C. QMF�arrish, M.D. Chairman Board of Health Town of Barnstable copy: Attorney Bruce Gilmore Bruce Besse TOWN OF BARNSTABLE • INTERIM SEWER CONNECTION POLICY APRIL 1988 AS REVISED MAY 18, 1988 Whereas the Secretary of Environmental Affairs has ordered that the Town of Barnstable prepare an Environmental Impact Report (EIR) under the provisions of the Massachusetts Environmental Policy Act (MEPA) before the Town proceeds to implement the recommendations of the 1987 Wastewater Management Plan and whereas that order prohibits the increase in volume of sewage to be treated at the Wastewater Treatment facility (WWTF) and whereas the effectiveness of the nitrification/denitrification process currently employed by the WWTF will be substantially reduced, if not destroyed, with any appreciable increase in volume of sewage, the following Interim Sewer Connection Policy is established by the Barnstable Department of Public Works. A. Sewer System Extension Projects. Projects involving an extension to the sewer system, as it currently exists, shall be limited to those which: 1. Require approval to proceed from the Secretary of Environmental Affairs through the MEPA process and have either been granted such approval or receive approval of a request currently pending action by the Secretary, and the conditions, if any, placed on the approval to proceed can be accommodated, and 2. Have either been issued a DEQE and/or Town permit or are issued a permit for an approved project. which is currently pending such issuance. All other projects involving an extension to the currently existing sewer system shall be disapproved. x B. Sewer Connection Protects. Projects requiring a new connection(s) to the sewer system as it currently exists or to extensions thereof as is described in "A" above shall be limited to those which: I. Require the approval of the Secretary of Environmental Affairs and such approval has been received or, in the case of those currently pending his action, is received and the conditions, if any, placed on the approval can be accommodated. 2. Require the issuance of a permit from DEQE, and such permit has been issued or, in the case of those currently pending action by DEQE, is issued. 3. Do not require approval of MEPA and/or DEQE or are not effected by any special conditions imposed on the system by either MEPA or DEQE and occupy property that is located in an area served by the sewer and its continued or future intended use is contingent on the owners complying with an order issued by the Board of Health to connect to the sewer or, in the case of properties located in Area 5 (Southeast Hyannis), are specifically authorized to connect to the sewer in order to provide a volume of wastewater flow sufficient to ensure proper operation of the system. All other requests involving a new connection to the sewer system shall be disapproved. C. Increased Sewage Discharge. Projects involving a change in use of a property, either connected to the sewer or located in an area served by the existing y - 3 - sewer system requiring connection as a condition of :approval by the Board of Health, which will result in a vo lume of wastewater beyond reasonable limits (25 percent) of the higher of either that being discharged under the current use or that which could be expected under current zoning shall not be allowed. D. Water Conservation Measures. In addition to any conditions imposed by either the Secretary of Environmental Affairs or DEQE, Town level approval of projects shall be conditioned on the use of water saving devices. The only exception to this requirement shall pertain. to existing residential structures which are under or come under order of the Board of Health to connect to the sewer system as outlined in "B.3." above. However, owners of structures in this category shall be encouraged to install such devices. It must be recognized that beyond the present constraints applied by way of the MEPA EIR process, a finite capacity to dispose of sewage effluent from the Wastewater Treatment plant exists and that the probability of accommodating sewage volume in excess of that stated in the Town's Draft Groundwater Discharge Permit (4.2 mgd) is unlikely. A significant, increase in the sand filter bed area or the inclusion of another form of effluent disposal is required in order to expand the plant's capacity. Given this constraint, and a far more sophisticated understanding of the need to protect the Town's public water supply and to eliminate threats to the public health caused by failing on-site systems, the sewer service .area called for in the 1987 Wastewater Management Plan is significantly reduced from that which was envisioned in a predecessor plan developed in 1971. The attached "Wastewater Flow Allocations" chart shows the Plan's projected assignment of the WWTF's maximum allowed capacity. The development of a town-wide Sewer Facilities Plan is about to begin under the direction of the Massachusetts DEQE. Among the more. critical issues which f it will address are the effluent disposal limitations described above and the attendant groundwater contamination potential at the W WTF. The Plan may provide the answers to expanding .the facility's capacity; however, it could also place further restrictions on its use. Although the probability of this occurring is not known at this tim e, property owners shou ld be awa re of this Possibility and sh ould' not assume that sewer dischar ge permits will be issued at will upon the completion of the EIR or the Facilities Plan. Furthermore, �notwithstanding the Plan's determination regarding the WWTF's maximum allowable capacity, is the likelihood that significant improvements expected to be called for in the Plan will have to be implemented before it is authorized to go much beyond the volume of sewage currently being treated. Becameafective September 8, 191jj aster puoiicaLivu iu 0-11C 'F'.eVtl ion adopted September 16, 1986. Effective September 25, 1986 after publication in .the Cape Cod Times. ' '�oftMrTo` TOWN OF BARNSTABLE OFFICE OF i 11 R IT�EI L As It BOARD OF HEALTH 96j0 367 MAIN STREET HYANNIS. MASS. o26ot GROUNDWATER PROTECTION ' The Board of Health, Town of Barnstable, Massachusetts, in accordance with, and under the authority granted by Section 31, of Chapter III, of the General Laws of the .Commonwealth of Massachusetts, hereby adopted the following rules and regulations after a public hearing at a meeting of the Board held on September 6, 1983. Revised at a Board' •of Health meeting September 16, 1986. PURPOSE: The protection of groundwater in the Town of Barnstable •The ground resources of the Town of Barnstable are its sole source of water supply. It is now known and demonstrable that public supply wells draw water from a substantial land area. It is known from experience that high density housing can over time cause serious deterioration of ambient groundwater by nitrate contamination. It has been proven that nitrate contamination In drinking water can be a serious public health problem. Calculations performed by Cape Cod Planning and Economic Development Commission indicate that individual residential housing.units placed on one acre parcels will produce the maximum recommended planning limit of 5 ppm. nitrate-nitrogen in groundwater.. Proposed subdivisions within 3,000 feet of a municipal sewer line shall connect all building lots in the subdivision to the Town sewer if any lots In the subdivision are less than one acre and are located within a Zone of Contribution to a public supply well. Zones of contribution will be determined by the Board of Health. All new multi-family dwellings within a Zone of Contribution to a public supply well within 3000 feet of a municipal sewer line shall connect to the public sewer. All new commercial structures within a Zone of Contribution to a public supply well within 3000 feet of a municipal sewer line shall connect to public sewer. Outside of the Zones of Contribution to Public Supply Wells, any new construction on lots with sewage flow estimates exceeding 330 gallons, per day, per acre, as listed :n Regulation 15.02(13), of 310 CMR 15.00, Title 5, of the State Environmental Code, that are within 3000 feet of a sewer line shall be considered for mandatory connection to said line if the Board of Health determines that on-site sewage disposal systems may contribute to the degradation of the water quality of public or private wells, lakes, ponds, or coastal embayments and other watercourses. r' OROUNDWATER PROTECTION (continued) 'Page 2 VARIANCES to the regulation maybe granted by the Board of Health after a hearing during which the applicant proves that the Installation of on-site sewage dipposal system will not have a significant adverse effect on surface or subsurface public or private water resources. The Board In granting variances 1-will consider if strict .Interpretation of this regulation would do manifest Injustice to the applicantl however, the applicant must demonstrate that the same degree of environmental protection required by this regulation can be achieved by other means. This e latlon Is to take a fect on th ate of publication of this notice. bert L. Childs �alrman 1,t2 CyCc Arrl;w.E As To FORM ,-- nn Jai a Eshbaugh Town C!• in:^I Grover C.M. Parrish, M. D. BOARD OF HEALTH TOWN OF BARNSTABLE DateT��' l Fee dFtMErp� TOWN OF BARNSTABLE m``p w `• ' °'^ OFFICE OF c>C�/Gl i DAHAM M BOARD OF HEALTH `S .� AsI � - 0� 0 MAY k� 367 MAIN STREET HYANNIS. MASS. 02601 VARIANCE REQUEST FORM All variance requests must: be submitted fifteen (15) days prior to the scheduled Board of Health 1Meeting. ,,� NAME OF APPLICANTAACVeds ADDRESS OF APPLICANT_® CS NAME OF OWNER OF PROPERTY_ (SAME � p SUBDIVISION NAME DATE APPROVED R tr tIV/gyp Z-7 Imo` SIZE �. �t4O� ASSESSORS'MAP AND PARCEL NUMBER _r LOCATION OF REQUEST. CfiWrg `, a VARIANCE FROM REGULATION (List Regulation) '&SO • VArwiLomom REASON FOR VARIANCE (May attach letter if more space is needed) - .��a�� °� �� 'na�wN sett-� : will Via►.�- PLAN= TWO COPIES OF PLAN MUST BE SUBMITTED CLEARLY OUTLINING VARIANCE REQUEST. VARIAN6E APPROVED NOT APPROVED REASON FOR DISAPROVAL �V Grover C.M. Famish, M.D. Chairman Ann Jane Eshbaugh ,OCT James H. Crocker, Sr. BOARD OF HEALTH TOWN OF BARNSTABLE �� s �� 0 Py IlAHASTABLE, a MASS. s0o 16.59. am k� anmsS� arsaaoliudc�� 02601 COMMISSIONERS: (508) 775.1120 Ext. 123 KEVIN O'NEIL, CHAIRMAN THOMAS J. MULLEN JOHN J. ROSARIO, VICE CHAIRMAN - SUPERINTENDENT PHILIP C. MCCARTIN ROBERT L. O'BRIEN FLOYD SILVIA ASSISTANT SUPERINTENDENT GEORGE F. WETMORE October 6, 1988 Mr Jacques Morin 300 Bearses Way Hyannis, MA 02601 Dear Mr Morin: In response to your request to extend sewer mains into your proposed subdivision, Bayberry Place, located in the area of Straightway (an old wood road) and Phinney's Lane the following comments are in order. .Your subdivision is adjacent to but lies outside the planned sewer service area as defined in our most recent Sewer System Master Plan update. The Town's sewer system is currently operating under an "Interim Sewer Connection Policy" (copy attached) that prohibits the extension of sewer mains. This policy has been formulated by mandates placed on the Town by the Massachusetts Department of Environmental Quality Engineering and by the constraints placed on the system by the Environmental Information Report (EIR) process being performed under the requirements of the Massachusetts Environmental Policy Act. A Townwide Sewage Facilities Planning process about to get underway and expected to last two years will provide the information to complete. the EIR. When this process is complete the Town, State and Federal governments through their various regulatory agencies will make a determination as to what extent. the sewer system can be expanded. That decision hinges on the ability of the sewer treatment facility to dispose of a properly treated effluent in quantities sufficiently large enough to allow the system expansion. There is no way that the DPW can assure you that sewer service Will be available to your development site now or at any time in the future. Should you have further questions, please call me at 775-1120. Sincerely, THOMAS,,J MULLIEN Superintendent TJM/bw Encl