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0000 PHINNEY'S LANE - Health (3)
Phan "s Lu 141ano7s TOWN OF BARNSTABLE IN Er �rQ� ♦� OFFICE OF = BsaasTdBL : BOARD OF HEALTH NAM aj 1639. `� 367 MAIN STREET D MAY k' HYANNIS, MASS.02601 September 24, 1992 Richard Anderson, Esquire P. 0. Box 518 Hyannis, MA 02601 RE: Kevin Wise, A = 252-051.003, 252-051.004 and 253-009 Dear Mr. Anderson: As you are aware, the Board of Health held a hearing on September 22, 1992 to consider the variance earlier granted with respect to the above development. The Board of Health believed that the proposed development would shortly be connected to Town sewer. It was believed the wastewater effluent would discharge into onsite sewage disposal systems for only a short period of time. That variance was granted. However, we've recently learned that Town sewer will not be available. The variance from the "330" Regulation would have allowed the development to discharge nitrate-nitrogen into the groundwater with a final loading rate of over 7 parts per million at the downgradient parcel. The Cape Cod Commission, the Town of Barnstable Health Department, and the Town of Barnstable Water Quality Advisory Committee recommend or limit the final nitrate-nitrogen loading rate to no more than 5 parts per million. It is the opinion of this Board that the development should be limited to 330 gallons per acre per day to reach the targeted limit. The Board of Health was and is prepared to revoke the variances granted in 1989. However, after hearing your arguments, the Board voted to suspend the variances granted to you dated March 6, 1989 regarding the above referenced properties with a condition that you submit a brief to the Board of Health explaining the differences between suspension and revocation of a variance. The brief shall also explain your reasons you prefer suspension to revocation of the variances and it is due within three (3) months. Very truly yours, Joseph C. Snow, M.D. Brian R. Grady TOWN OF BARNSTABLE BOARD OF HEALTH TOWN OF BARNSTABLE THE raw OFFICE OF BA"STABL i BOARD OF HEALTH co i639• `em 367 MAIN STREET HYANN IS, MASS.02601 September 24, 1992 Richard Anderson, Esquire P. 0. Box 518 Hyannis, MA 02601 RE: Kevin Wise, A = 252-051.003, 252-051.004 and 253-009 Dear Mr. Anderson: As you are aware, the Board of Health held a hearing on September 22, 1992 to consider the variance earlier granted with respect to the above development. The Board of Health believed that the proposed development would shortly be connected to Town sewer. It was believed the wastewater effluent would discharge into onsite sewage disposal systems for only a short period of time. That variance was granted. However, we've recently learned that Town sewer will not be available. The variance from the "330" Regulation would have allowed the development to discharge nitrate-nitrogen into the groundwater with a final loading rate of over 7 parts per million at the downgradient parcel. The Cape Cod Commission, the Town of Barnstable Health Department, and the Town of Barnstable Water Quality Advisory Committee recommend or limit the final nitrate-nitrogen loading rate to no more than 5 parts per million. It is the opinion of this Board that the development should be limited to 330 gallons per acre per day to reach the targeted limit. i The Board of Health was and is prepared to revoke the variances granted in 1989. However, after hearing your arguments, the Board voted to suspend the variances granted to you dated March 6, 1989 regarding the above referenced properties with a condition that you submit a brief to the Board of Health explaining the differences between suspension and revocation of a variance. The brief shall also explain your reasons you prefer suspension to revocation of the variances and it is due within three (3) months. Very truly yours, :��fseph C. Snow, M.D. Brian R. Grady OWN OF BARNSTABLE BOARD OF HEALTH �oF the Town of Barnstable Department of Planning IARNSTABLE M 230 South Street, Hyannis,` Massachusetts 02601 a 9� 039. ,gym (508) 790-6290 Fax(508) 790-6454 ArED MA'S A September 11, 1992 Dr Joseph Snow, ,Chairman Barnstable Board of Health Town Hall 367 Main Street Hyannis, MA 02601 Re: Groundwater protection planning for the Town of Barnstable and the Lake Isle Woods subdivision Dear Dr. Snow In response to your inquiry, a study by SEA Associates entitled "Groundwater and Water Resource Protection Plan" , dated September 1985, is the basis of groundwater and water supply protection planning for the town. Regulations limiting sewage flows in Zones of Contribution (ZOCs) both as a Board of Health regulation and as a General Ordinance were strategies to implement the recommendations of the SEA study. The one acre residential lot size requirement was also an implementation strategy recommended in the report. The Lake Isles Woods subdivision is located entirely within the Zone of Contribution to public supply wells number 2, as shown on the "Revised Groundwater Protection Overlay District Map" , dated October 1989, by SEA Associates. In the 1985 report, SEA found that three ZOCs number 1,2 and 3 were at risk for contamination of public wells supplying much of the town because of the existing and potential densities of development, which would lead to elevated Nitrate/Nitrogen levels in public supply wells. There is no practical treatment for Nitrate/Nitrogen contamination at present and it is essential to control density of development and sewage effluent flows. Zone 2 was projected to have Nitrate/Nitrogen level of 7.60 to 7.05 ppm at saturation density. The recommended standard for Cape Cod is 5ppm, 50% of the EPA drinking water standard. The 5ppm standard is recommended since Nitrate/Nitrogen levels vary greatly. According to section 10-2 in the report, when the mean concentration of Nitrate/Nitrogen concentration was 5.8ppm, 10% of the samples exceeded the lOppm standard. A maximum of 5ppm was therefore establshed as the management goal' for ZOCs to avoid closure of public wells. In response to your inquiry as to household size the U.S. Census reveals the following data:, Average persons per household: 1980 - 2.53 1990 - 2.4 Yours Sincerely Jacqueline Etsten Principal Planner cc: Robert Schernig AICP, Planning Director TOWN-OF BARNSTABLE ar�'Py�`o+1 OFFICE OF )AEISTM BOARD OF HEALTH rut 00 1639• `� 367 MAIN STREET Mir k HYANNIS,MASS.02601 i August 31, 1992 Richard Anderson, Esq. P.O. Box 518 Hyannis, MA. 02601 RE: Parcels 51-3. 51-4 on Assessor's Map 252 and Parcel 9 on Assessor's Map 253 Dear Attorney Anderson, You were present at the Board of Health hearings held on May 12, 1992, June' 23, 1992, and again on August 25, 1992 regarding the above referenced property. During the May 12, 1992 hearing, you requested the Board continue the hearing to June 23, 1992 in order to allow you time to investigate the availability of Town Sewer to this property. On June 23, 1992, you requested additional time, to continue the hearing to July 28, 1992 because, you stated, you were still awaiting information regarding the availability of Town Sewer to this property. The Board of Health meeting scheduled to be held on July 28, 1992 was cancelled due to lack of a quorum. On August 18, 1992, you requested to be taken off the agenda because your wife was ill. On August 25, 1992, you requested additional time to continue the hearing to September 22, 1992 because you stated you are still awaiting information regarding the availability of Town sewer to this property. The Board of Health members voted unanimously to grant your request to continue this hearing with the following conditions: ( 1) The applicant shall not seek or apply for any disposal works construction permits for any of the parcels contained within the above referenced property until after the Board of Health hearing is closed. (2) The applicant shall not seek' or apply for any permits from the Planning Board until after the Board of Health hearing is closed. r (3 This continuation of the hearing is granted until September 22, 1992 when the Board of He alth will anticipate your presence and information regarding the availability of Town Sewer. During the hearing, the Board of Health after hearing your testimony and viewing any evidence you may submit, may modify, suspend, or revoke the variances granted to you on March 6, 1989. This hearing in no way makes any'" determination as to the validity of any of the subdivision approvals and permits granted by the Planning Board. Sincerely yours, Susan G. Rlerdkj, R.S. . Chairman BOARD OF HEALTH TOWN OF BARNSTABLE cc: Planning Board Ruth Weil z =, d yam. 4. Boa THE roe TOWN OF BARNSTABLE OFFICE OF DAR19TAn s BOARD OF HEALTH MAIL i639' 367 MAIN STREET 0 M HYANNIS,MASS.02601 May 1, 1992 Mr. Richard C. Anderson, Esq. Attorney At Law P. 0. Box 518 436 Main Street Hyannis, Ma. 02601 RE: Parcels 51-3, 51-4 on Assessor's Map 252 and Parcel 9 on Assessor's Map 253 Dear Attorney Anderson, i Pursuant to 310 CMR 15.21, of the 'State Environmental Code, Title V, I am officially notifying you of the Board of Health hearing which will be held on Tuesday, May 12, 1992 at 7:00 P. M. or as soon thereafter as practical in the Conference Room of the Town Hall Building, located at 367 Main Street, Hyannis, regarding the above referenced parcels and possible revocation of the conditional variance(s) granted to you on March 6, 1989. The variances were granted more than three (3) years ago. Disposal Works Construction Permits expire after two (2) years of issuance. However, no Disposal Works Construction Permits have been issued by the Health Department over the past three years for these parcels. Also, the Board of Health members have great concerns about the density of development proposed to be constructed within a zone of contribution to public water supply wells. In addition condition #5 of the variance letter states "the dwellings must be connected to Town Sewer when the Department of Public Works determined its availability" . Town Sewer is available to this site according to the Planning Department personnel. These issues will be discussed during the public hearing. Sincerely Yours, CC: Ruth Weil Robert Schernig seph C. Snow, M. D. Joseph DaLuz o 1hairman Kevin Wise TOWN OF BARNSTABLE BOARD OF HEALTH i ���pP ZHE Tp�p Town of Barnstable, Massachusetts f Planning d Development lARNM'ABLE , Department o g an a 9Q� 1639. `0m 230 South Street,Hyannis, Massachusetts 02601 (508) 775-1120 ext. 141 j AIEU MAC A TO: BOARD OF HEALTH FROM: PLANNING BOARD ' DATE: MAY 11, 1992 i RE: SUBDIVISION LAKE ISLE WOODS i ' At the April 27, 1992 meeting of the Planning Board, the Board found that the special permit for the above referenced subdivision had expired in June 1991 and denied a request to release lots from the covenant. Given the location of the subdivision in a Zone of Contribution to public supply wells which were determined by SEA to be at risk for excessive Nitrate/Nitrogen levels, the Planning Board recommends that the variance to the "Regulation for the Protection of Groundwater quality within Zones of Contribution to Public Supply Wells" granted by the Board of Health, be modified to require that the. development be connected to sewer, which is now available from Old Strawberry Hill Road. In order to co-ordinate with -the Planning Board decision, it is requested that the Board of Health state in any modification of 1 . the variance that the modification in no way makes any determination as to the validity of any of the subdivision approvals and permits granted by the Planning 'Board. cc: Ruth Weil, Assistant Town Attorney Robert Schernig, Plannng Director OFFICE OF TOWN ATTORNEY TOWN OF BARNSTABLE INTER-OFFICE MEMO . Dated: April 27, 1992 TO: THOMAS A. MCKEAN, Director, Public .Health FROM: RUTH J. WEIL, Assistant Town Attorney [ RE: Lake Isle Woods Subdivision (Subdivisi #697) FILE REF. NO. : -------------------- --------------------------------------- As per your inquiry about the Board of Health variance granted to Lake Isle Woods on March 61 1989, if you, as Director of Public Health, have concerns about the continuing wisdom from a public health perspective of the previously-granted variance, you can advise the Board of Health to schedule a public hearing to discuss a possible modification or revocation of said variance. . Please feel free to call me with questions. z � RJW:cg 310 CMR: DEPARTMEN•r UI ENVIRONNIENTAL QUALITY ENGINEERING 15.20: continued existing sewage disposal system without the requirement of notification of all abutters by the applicant. Any variance granted by the Board of Health shall be in writing. Any denial of a variance shall also be in writing and shall contain a brief statement of the reasons for the denial. A copy of each variance shall be conspicuously posted for thirty days following its issuance; and shall be available to the public at all reasonable hours in the office of the city or town clerk or the office of the Board of-Health while it is in effect. Notice of the grant of each variance shall be filed with the Department of Environmental Quality Engineering, which shall approve, disapprove, or modify the variance within thirty days from receipt thereof. If the Department fails to comment within thirty days, its approval will be presumed. No work shall be -done under any variance until the Department approves it or thirty days elapse without its comment, unless the Board of Health or the Department certifies in writing that an emergency exists. 15 21 Variance, Grant of Special Permission: Expiration, Modification Suspension of Any variance or other modification authorized to be made by this Title may be subject to such qualification, revocation, suspension, or expiration as the Board of Health or Department of Environmental Quality Engineering expresses in its grant. A variance or other modification authorized to be made by this Title may otherwise be revoked, modified, or suspended, in whole or in part, only after the holder thereof has been notified in writing and has been given an opportunity to be heard, in conformity with the requirements of Title 1 (310 CMR 11.00) for orders and hearings. 15.22: General Enforcement The provisions of Title 1 of this Environmental Code (310 CMR 11.0o) shall as supplemented by the following govern the enforcement of this Title . Regulations. 15.23: Orders: Service and Content 1 (i) If an examination as provided for in Title t (310 CMR 11.00) reveals failure I to comply with the provisions of this Title, the Board of Health or Department of Environmental Quality Engineering shall order the persons responsible to comply with the violated provision. (2) Every Order authorized by this Title shall be in writing.Orders issued under j the provisions of 310 CMR 15.23(1)shall be served on all persons responsible for the violated regulations. All Orders shall be served on the designated person: (a) Personally, by any person authorized to serve civil process, or (b) By leaving a copy of the Order at his last and usual place of abode, or 1(c) By sending him a copy of the Order by registered or certified mail, i return receipt requested, if he is within the Commonwealth,or (d) IF his last and usual place of abode is unknown or outside the Commonwealth, by posting a copy of the Order in a conspicuous place on or about the affected premises. (3) Subject to the emergency provision of Title 1, any Order issued under the provision of this Title shall: (a) Include a statement of tine violation or defect, and may suggest action which. if taken, will effect compliance with this Title.and (b) Allot a reasonable time for any action it requires, and (c) Inform the person to whom it is directed of his right to a hearing and of his responsibility to request the hearing, and to whom the request shall be made. b 15.24• Hearing (1) Procedure for Requesting and Holding Hearing. Unless otherwise specified in this Title, the person or persons to whom any order has been served pursuant 3 310 CMR-315 12/31/86 TOWN OF BARNSTABLE -- w e�P^ 0 OFFICE OF Haaa9TSHL i BOARD OF HEALTH wnna ,� °o t639. \em 367 MAIN STREET MAY k HYANNIS, MASS.02601 April 16, 1992 Mr. Carl Cooperrider Chairman, Planning Board School Administration Building Hyannis, MA 02601 t RE: Lake Isle Woods Subdivision Dear Mr. Cooperrider: The variances granted to Attorney Richard Anderson regarding the proposed 49 lot single family open space residential development at Phinney's Lane, Hyannis and Centerville, MA, listed as parcels 51-3 and 51-4 on Assessor's Map 252, have expired. The Board of Health members have great concerns about this density of development proposed within a zone of contribution to public water supply wells. Please advise . the Board of Health of the status of the subdivision proposal. Sincerely yours, l J seph C. Snow, M.D. airman BOARD OF HEALTH TOWN OF BARNSTABLE JCS/lls cc: Richard C. Anderson, Esq. r I i f I v ,*'THETO� TOWN OF BARNSTABLE F ! OFFICE OF i MA81 Daa BOARD OF HEALTH rasa i639. � 367 MAIN STREET OM k. HYANNIS, MASS. 02601 May 17, 1989 Mrs. Susan H. Rohrbach Re: Definitive subdivision plan of land in Hyannis Chairperson, Planning Board Petitioner: Kevin Wise Barnstable Town Hall Date: April 13, 1989 Hyannis, Ma 02601 Engineer: BSC Group - Cape Cod, Inc. Assessor's Map 252, Pcls, 51-3 & 51-4 Assessor's Map 253, Parcel 9 Dear Mrs. Rohrbach: The Board of Health has reviewed this definitive subdivision plan in Hyannis and makes the following recommendations: The developer must provide public water to each and every lot in this subdivision. Public water lines and all connections must meet specifications and/or rules and regulations of the local water department. Each septic system shall be located within the prescribed boundaries of each individual lot. The developer shall have recorded on the deed that variances from Title 5, Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, or the Town of Barnstable Health Regulations whichever is more stringent, will not be granted on any lot in this subdivision, A percolation test must be made on the lot at leaching site, before a Disposal Works Construction Permit will be issued. Maximum ground water elevations must be determined by using data available from the United States Geological Survey - Probable High Ground Water Levels on Cape Cod, Mass. Each proposed septic system must conform strictly to 310 CMR 15.00, the State Environmental Code, Title 5, and Town of Barnstable Rules and Regulations. All tree stumps, brush and building debris removed when clearing lots or roads must be disposed of at a licensed solid waste disposal facility. Chipping brush and tree stumps is an acceptable alternative. Burial on site is prohibited. The applicant must receive an Order of Conditions from the Conservation Commission, if applicable. Prior to Board of Health approval of each building permit, the sewage system and water supply must conform to 310 CMR 15.00, the State Environmental Code, Title 5, or Town Health Regulations, whichever is more stringent. _ Mrs. Susan H. Rohrbach Chairperson, Planning Board Re: Kevin Wise Subdivision May 17, 1989 It is recommended that each sewage disposal leaching facility be located most distant from wetlands to reduce eutrophication caused by phosphorous and other nutrients. The United States Environmental Protection Agency's National Eutrophication Survey states that 0.25 lbs. per year of total phosphorous enters wetlands from every person served by onsite septic systems within 300 feet wetlands (US EPA 1980). Very truly yours, Grover C. M. Parrish, M.D., airman Ann Jan Eshbaugh James H. Crocker;-Sr. BOARD OF HEALTH TOWN OF BARNSTABLE TM/bs copy: Kevin Wise BSC Group - Cape Cod, Inc. Health Department Town Clerk Hyannis Fire District . THE?pro TOWN OF BARNSTABLE d � OFFICE OF s�sasTe��, :MA88. BOARD OF HEALTH � � 367 MAIN STREET HYANNIS, MASS. 02601 March 6, 1989 Mr. Richard C. Anderson, Esq. Attorney at Law P. O. Box 518 436 Main Street Hyannis, Ma 02601 Dear Attorney Anderson: You are granted a variance from the Board of Health's Interim Regulation for the protection of the groundwater within zones of contribution to public supply wells, allowing the- creation of a 49 lot single family open space residential development at Phinney's Lane, Hyannis and Centerville, Ma:, listed as parcels 51-3 and 51-4 on Assessor's map 252. The following conditions apply: 1) Each dwelling cannot contain more than three (3) bedrooms. Dens, study rooms, sewing rooms, enclosed porches, finished cellars, and similar type rooms are considered as bedrooms according to the Department of Environmental Quality Engineering. 2) Each dwelling must be connected to town water. 3) Each septic system must be installed in strict accordance to the approved engineer's designed plans. 4) Each septic system shall be pumped every three (3) years by a licensed septage hauler. 5) The dwellings must be connected to Town sewer when the Department of Public Works determines its availability. The variance was granted because, as a matter of right, the petitioner could create more total bedrooms, thus more sewage discharge than results from the allowance of the 49-lot single-family open space residential development with the condition that none of the 49 dwellings shall contain more than three (3) bedrooms. The petitioner established that a 27-lot subdivision of a portion of the property was previously approved, at a time when such portion was not within a designated zone of contribution. Four (4) bedroom dwellings could be constructed on each of these 27 lots. Also, that portion of the site that at all times was located within a zone of contribution, could be subdivided Into 14 additional one-acre lots and on each of which could be constructed ro 'r. Richard C. Anderson, Esq. Aarch 6, 1989 3-bedroom dwellings. Thus, as a matter of right, the petitioner could have constructed 41 residences containing a total of 150 bedrooms. This variance granted, with the condition of allowing only three (3) bedrooms per dwelling, only allows a total of 147 bedrooms on the entire site. Sincerely yours, Ann Jane IEshbaugPh Acting Chairperson Board of Health Town of Barnstable TM/bs September 24, 1992 Richard Anderson, Esquire P. 0. Box 518 Hyannis, MA 02601 RE: 51-3, 51-4 on Assessor's Map 252 and parcel 9 on Assessor's Map 253 Dear Attorney Anderson: The Board of Health members voted to suspend the variances granted to you dated March 6, 1989 regarding the above referenced properties. The suspension is granted with the following conditions: ( 1) You shall submit a brief explanation to the Board of Health of the differences between suspension and revocation of a variance within three (3) months. (2 ) You shall submit a brief explanation to the Board of Health of the reasons you prefer suspension to revocation of the variances within three (3) months. The variances were suspended because the Board of Health members believe the previous Board members who served in 1989 mistakenly granted the variances from the "330" Regulation. The previous Board counted the total number of bedrooms and granted variances from the "330" Regulation which would have allowed the development to cause a nitrate-nitrogen loading rate to exceed over 7 parts per million in the groundwater. The Cape Cod Commission, the Town of Barnstable Health Department and the Town of Barnstable Water Quality Advisory Committee 4t � recommend or limit the nitrate-nitrogen rate to no more than 5 parts per million. It is the opinion of this Board that the development should be limited to 330 gallons per acre per day. Very truly yours, Susan G. Rask, Chairman Joseph C. Snow, M.D. Brian R. Grady BOARD OF HEALTH TOWN OF BARNSTABLE BRG/bcs ANDY , of THE tp� Town of Barnstable •" Department of Planning BARNXAS& '06 230 South Street, Hyannis,Massachusetts 02601 �$ 1639. ,0m (508) 790-6290 Fax (508) 790-6454 ArED MA'S A September 11, 1992 Dr Joseph Snow, .Chairman Barnstable Board of Health Town Hall 367 Main Street Hyannis, MA 02601 Re: Groundwater protection planning for the Town of Barnstable and the Lake Isle Woods subdivision Dear Dr. Snow In response to your inquiry, a study by SEA Associates entitled "Groundwater and Water Resource Protection Plan" , dated September 1985, is the basis of groundwater and water supply protection planning for the town. Regulations limiting sewage flows in Zones of Contribution (ZOCs) both as a Board of Health regulation and as a General Ordinance were strategies to implement the recommendations of the SEA study. The one acre residential lot size requirement was also an implementation strategy recommended in the report. The Lake Isles Woods subdivision is located entirely within the Zone of Contribution to public supply wells number 2, as shown on the. "Revised Groundwater Protection Overlay District Map" , dated October 1989, by SEA Associates. In the 1985 report, SEA found that three ZOCs number 1,2 and 3 were at risk for contamination of public wells supplying much of the town because of the existing and potential densities of development, which would lead to elevated Nitrate/Nitrogen levels in public supply wells. There is no practical treatment for Nitrate/Nitrogen contamination at present and it is essential to control density of development and sewage effluent flows. Zone 2 was projected to have Nitrate/Nitrogen level of 7.60 to 7.05 ppm at saturation density. The recommended standard for Cape Cod is 5ppm, 50% of the EPA drinking water standard. The 5ppm standard is recommended since Nitrate/Nitrogen levels vary greatly. According to section 10-2 in the report, when the mean concentration of Nitrate/Nitrogen concentration was 5.8ppm, 10% of the samples exceeded the lOppm standard. A maximum of 5ppm was therefore establshed as the management goal for ZOCs to avoid closure of public wells. In response to your inquiry as to household size the U.S. Census reveals the following data: Average persons per household: 1980 - 2 .53 1990 - 2.4 Yours Sincerely tn5 . Jacqueline Etsten Principal Planner cc: Robert Schernig AICP, Planning Director TOWN OF BARNSTABLE Bpi THE t04 t6vQ�•`� OFFICE OF i DeaD]TsaLs BOARD OF HEALTH NAM 00 1639. 367 MAIN STREET HYANNIS,MASS.02601 August 31, 1992 Richard Anderson, Esq. P.O. Box 518 Hyannis, MA. 02601 RE: Parcels 51-3, 51-4 on Assessor s Map 252 and Parcel 9 on Assessor's Map 253 Dear Attorney Anderson, You were present at the Board of Health hearings held on May 12, 1992, June 23, 1992, and again on August 25, 1992 regarding the above referenced property. During the May 12, 1992 hearing, you requested the Board continue the hearing to June 23, 1992 in order to allow you time to investigate the availability of Town Sewer to this property. On June 23, 1992, you requested additional time, to continue the hearing to July 28, 1992 because, you stated, you were still awaiting information regarding the availability of Town Sewer to this property. The Board of Health meeting scheduled to be held on July 28, 1992 was cancelled due to lack of a quorum. On August 18, 1992, you requested to be taken off the agenda because your wife was ill. On August 25, 1992, you requested additional time to continue the hearing to September 22, 1992 because you stated you are still awaiting information regarding the availability of Town sewer to this property. The Board of Health members voted unanimously to grant your request to continue this hearing with the following conditions: ( 1) The applicant shall not seek or apply for any disposal works construction permits for any of the parcels contained within the above referenced property until after the Board of Health hearing is closed. (2) The applicant shall not seek or apply for any permits from the Planning Board until after the Board of Health hearing is closed. (3 This continuation of the hearing is granted until September 22, 1992 when the Board of Health will anticipate your presence and information regarding the availability of Town Sewer. During the hearing, the Board of Health after hearing your testimony and viewing any evidence you may submit, may modify, suspend, or revoke the variances granted to you on March 6, 1989. This hearing in no way makes any determination as to the validity of any of the subdivision approvals and permits granted by the Planning Board. Sincerely yours, G. R�k Susan , R.S. Chairman BOARD OF HEALTH TOWN OF BARNSTABLE cc: Planning Board Ruth Weil �Q�oFTHEro�o TOWN OF BARNSTABLE OFFICE OF t Beaa9TAn s BOARD OF HEALTH MAl& p vo 1639' 367 MAIN STREET 'EO NAY k' HYANNIS, MASS.02601 May 1, 1992 Mr. Richard C. Anderson, Esq. Attorney At Law P. 0. Box 518 436 Main Street Hyannis, Ma. 02601 RE: Parcels 51-3, 51-4 on Assessor's Map 252 and Parcel 9 on Assessor's Map 253 Dear Attorney Anderson, Pursuant to 310 CMR 15.21, of the State Environmental Code, Title V, I am officially notifying you of the Board of Health hearing which will be held on Tuesday, May 12, 1992 at 7 :00 P. M. or as soon thereafter as practical in the Conference Room of the Town Hall Building, located at 367 Main Street, Hyannis, regarding the above referenced parcels and possible revocation of the conditional variance(s) granted to you on March 6, 1989. The variances were granted more than three (3) years ago. Disposal Works Construction Permits expire after two (2) years of issuance. However, no Disposal Works Construction Permits have been issued by the Health Department over the past three years for these parcels. Also, the Board of Health members have great concerns about the density of development proposed to be constructed within a zone of contribution to public water supply wells. In addition condition #5 of the variance letter states "the dwellings must be connected to Town Sewer when the Department of Public Works determined its availability" . Town Sewer is available to this site according to the Planning Department personnel. These issues will be discussed during the public hearing. Sincerely Yours, CC: Ruth Weil Robert Schernig qh0airman seph C. Snow, M. D. Joseph DaLuz Kevin Wise TOWN OF BARNSTABLE BOARD OF HEALTH i pF THE Town of Barnstable, Massachusetts } y � ,,ST,,a,� ; Department of Planning and Development { �,.,,SS.. a 1639. �0cb 230 South Street, Hyannis, Massachusetts 02601 (508) 775-1120 ext. 141 g ATED MAC a I: { t TO: BOARD OF HEALTH FROM: PLANNING BOARD DATE: MAY 11, 1992 i RE: SUBDIVISION LAKE ISLE WOODS i At the April 27, 1992 .meeting of the Planning Board, the Board found that the special permit for the above referenced subdivision had expired in June 1991 and denied a request to release lots from the covenant. Given the location of the subdivision in a Zone of Contribution to public supply wells which were determined by SEA to be at risk for excessive Nitrate/Nitrogen levels, the Planning Board recommends that the variance to the "Regulation for the Protection of Groundwater quality within Zones of Contribution to Public Supply Wells" granted by the Board of Health, be modified to require that the. development be connected to sewer, which is now available from Old Strawberry Hill Road. In order to co-ordinate with -the Planning Board decision, it is requested that the Board of Health state in any modification of 1 the variance that the modification in no way makes any determination as to the validity of any of the subdivision t approvals and permits granted by the Planning Board. cc: Ruth Weil, Assistant Town Attorney Robert Schernig, Plannng Director A rem Rol 1 52 OFFICE OF TOWN ATTORNEY TOWN OF BARNSTABLE INTER-OFFICE MEMO Dated: April 27, 1992 TO: THOMAS A. MCKEAN, Director, Public Health FROM: RUTH J. WEIL, Assistant Town Attorney [ <�_� RE: Lake Isle Woods Subdivision (Subdivisi #697) FILE REF. NO. : ------------------------------------------------------------ As per your inquiry about the Board of Health variance granted to Lake Isle Woods on March 6, 1989, if you, as Director of Public Health, have concerns about the continuing wisdom from a public health perspective of the previously-granted variance, you can advise the Board of Health to schedule a public hearing to discuss a possible modification or revocation of said variance. A . Please feel free to call me with questions. � RJW:cg 310 CMR: DEPARTMENT Ul ENVIRONMENTAL QUALITY ENGINEERING 15.20: continued existing sewage disposal system without the requirement of notification of all abutters by the applicant. Any variance granted by the Board of Health shall be in writing. Any denial of a variance shall also be in writing and shall contain a brief statement of the reasons for the denial. A copy of each variance shall he conspicuously posted for thirty days following its issuance; and shall be available to the public at all reasonable hours in the office of the city or town clerk or the office of the Board of-Health while it is in effect. Notice of the grant of each variance shall be filed with the Department of Environmental Quality Engineering, which shall approve, disapprove, or modify the variance within thirty days from receipt thereof. if the Department fails to comment within thirty days, its approval will be presumed. No work shall be done under any variance until the Department approves it or thirty days elapse without its comment, unless the Board of Health or the Department certifies in writing that an emergency exists. 15 21 Variance, Grant of Special Permission: Expiration, Modification.Suspension of Any variance or other modification authorized to be made by this Title may be subject to such qualification, revocation, suspension. or expirationasthe Board of Health or Department of Environmental Quality Engineeringexpresses in its grant. A variance or other modification authorized to be made by this Title may otherwise be revoked, modified, or suspended, in whole or in part, only after the holder thereof has been notified in writing and has been given an opportunity to be heard, in conformity with the requirements of Title 1 (310 CMR 11.00) for orders and hearings. 15.22: General Enforcement The provisions of Title 1 of this Environmental Code (310 CMR 11.00) shall govern the enforcement of this Title as supplemented by the following Regulations. 15.23: Orders: Service and Content 1 (1) If an examination as provided For in Title 1 (310 CMR 11.00) reveals failure to comply with the provisions of this Title, the Board of Health or Department of Environmental Quality Engineering shall order the persons responsible to comply with the violated provision. (2) Every Order authorized by this Title shall be in writing.Orders issued under j the provisions of 310 CMR 15.23(1)shall be served on all persons responsible for the violated regulations. All Orders shall be served on the designated person: (a) Personally, by any person authorized to serve civil process, or (b) By leaving a copy of the Order at his last and usual place of abode, or i(c) By sending him a copy of the Order by registered or certified mail, i return receipt requested, if he is within the Commonwealth, or (d) If his last and usual place of abode is unknown or outside the Commonwealth, by posting a copy of the Order in a conspicuous place on or about the affected premises. (3) Subject to the emergency provision of Title 1, any Order issued under the provision of this Title shall: (a) Include a statement of the violation or defect, and may suggest action which, if taken, will effect compliance with this Title.and (b) Allot a reasonable time for any action it requires, and (c) Inform the person to whom it is directed of his right to a hearing and of his responsibility to request the hearing, and to whom the request shall be made. 15.24: Hearing (1) Procedure for Requesting and Holding Hearing. Unless otherwise specified in this Title, the person or persons to whom any order has been served pursuant i . 12/31/86 310 CMR- 315 t 4 TOWN OF BARNSTABLE b�v 0 OFFICE OF 3"ISTAEL s BARD OF HEALTH y Maas. ,, �p 1639. \e0 367 MAIN STREET QED No y. HYANNIS, MASS.02601 April 16, 1992 Mr. Carl Cooperrider Chairman, Planning Board School Administration Building Hyannis, MA 02601 RE: Lake Isle Woods Subdivision Dear Mr. Cooperrider: The variances granted to Attorney Richard Anderson regarding the proposed 49 lot single family open space residential development at Phinney's Lane, Hyannis and Centerville, MA, listed as parcels 51-3 and 51-4 on Assessor's Map 252 , have expired. The Board of Health members have great concerns about this density of development proposed within a zone of contribution to public water supply wells . Please advise . the Board of Health of the status of the subdivision proposal. Sincerely yours, �-C-- -- - 1 J seph C. Snow, M.D. airman BOARD OF HEALTH TOWN OF BARNSTABLE JCS/lls cc: Richard C. Anderson, Esq. THE p TOWN OF BARNSTABLE a OFFICE OF i Hesa9T : BOARD OF HEALTH MA8&8. 900 i639. 367 MAIN STREET k10 pr• HYANNIS, MASS. 02601 May 17, 1989 Mrs. Susan H. Rohrbach Re: Definitive subdivision plan of land in Hyannis Chairperson, Planning Board Petitioner: Kevin Wise Barnstable Town Hall Date: April 13, 1989 Hyannis, Ma 02601 Engineer: BSC Group - Cape Cod, Inc. Assessor's Map 252, Pcls, 51-3 & 51-4 Assessor's Map 253, Parcel 9 Dear Mrs. Rohrbach: The Board of Health has reviewed this definitive subdivision plan in Hyannis and makes the following recommendations: The developer must provide public water to each and every lot in this subdivision. Public water lines and all connections must meet specifications and/or rules and regulations of the local water department. Each septic system shall be located within the prescribed boundaries of each individual lot. The developer shall have recorded on the deed that variances f rom Title 5, Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, or the Town of Barnstable Health Regulations whichever is more stringent, will not be granted on any lot in this subdivision, A percolation test must be made on the lot at leaching site, before a Disposal Works Construction Permit will be issued. Maximum ground water elevations must be determined by using data available from the United States Geological Survey - Probable High Ground Water Levels on Cape Cod, Mass. Each proposed septic system must conform strictly to 310 CMR 15.00, the State Environmental Code, Title 5, and Town of Barnstable Rules and Regulations. All tree stumps, brush and building debris removed when clearing lots or roads must be disposed of at a licensed solid waste disposal facility. Chipping brush and tree stumps is an acceptable alternative. Burial on site is prohibited. The applicant must receive an Order of Conditions from the Conservation Commission, if applicable. Prior to Board of Health approval of each building permit, the sewage system and water supply must conform to 310 CMR 15.00, the State Environmental Code, Title 5, or Town Health Regulations, whichever is more stringent. Mrs. Susan H. Rohrbach Chairperson, Planning Board Re: Kevin Wise Subdivision May 17, 1989 It is recommended that each sewage disposal leaching facility be located most distant from wetlands to reduce eutrophication caused by phosphorous and other nutrients. The United States Environmental Protection Agency's National Eutrophication Survey states that 0.25 lbs. per year of total phosphorous enters wetlands from every person served by onsite septic systems within 300 feet wetlands (US EPA 1980). Very truly yours, Grover C. M. Farrish, M.D., airman G,�La., t Ann Jane Eshbaugh �Jam6 H. Crocker;-Sr. „`::j�—BOARD OF HEALTH TOWN OF BARNSTABLE TM/bs copy: Kevin Wise BSC Group - Cape Cod, Inc. Health Department Town Clerk Hyannis Fire District . I a oFVHrTo TOWN OF BARNSTABLE OFFICE OF . MAIRUNSTARL MAsB. BOARD OF HEALTH y p� 00 i639 367 MAIN STREET CFO FIAY�`\� HYANNIS, MASS. 02601 March 6, 1989 Mr. Richard C. Anderson, Esq. Attorney at Law P. O. Box 518 436 Main Street Hyannis, Ma 02601 Dear Attorney Anderson: You are granted a variance from the Board of Health's Interim Regulation for the protection of the groundwater within zones of contribution to public supply wells, allowing the- creation of a 49 lot single family open space residential development at Phinney's Lane, Hyannis and Centerville, Ma.,.listed as parcels 51-3 and 51-4 on Assessor's map 252. The following conditions apply: 1) Each dwelling cannot contain more than three (3). bedrooms. Dens, study rooms, sewing rooms, enclosed porches, finished cellars, and similar type rooms are considered as bedrooms according to the Department of Environmental Quality Engineering. 2) Each dwelling must be connected to town water. 3) Each septic system must be installed in strict accordance to the approved engineer's designed plans. 4) Each septic system shall be pumped every three (3) years by a licensed septage hauler. 5) The dwellings must be connected to Town sewer when the Department of Public Works determines its availability. The variance was granted because, as a matter of right, the petitioner could create more total bedrooms, thus more sewage discharge than results from the allowance of the 49-lot single-family open space residential development with the condition that none of the 49 dwellings shall contain more than three .(3) bedrooms. The petitioner established that a 27-lot subdivision of a portion of the property was previously approved, at a time when such portion was not within a designated zone of contribution. Four (4) bedroom dwellings could be constructed on each of these 27 lots. Also, that portion of the site that at all times was located within a zone of contribution, could be subdivided into 14 additional one-acre lots and on each of which could be constructed r �J .r. Richard C. Anderson, Esq. A. 6, 1989 "y 3-bedroom dwellings. Thus, as a matter of right, the petitioner could have constructed 41 residences containing a total of 150 bedrooms. This variance granted, with the condition of allowing only three (3) bedrooms per dwelling, only allows a total of 147 bedrooms on the entire site. Sincerely yours, Ann Jane shbaugh Acting Chairperson Board of Health Town of Barnstable TM/bs TOWN OF BARNSTABLE OF THE m�Py ♦� OFFICE OF MSTM s BOARD OF HEALTH i6J9• ��° 367 MAIN STREET ON HYANNIS, MASS.02601 May 1, 1992 Mr. Richard C. Anderson, Esq. Attorney At Law P. 0. Box 518 436 Main Street Hyannis, Ma. 02601 RE: Parcels 51-3, 51-4 on Assessor's Map 252 and Parcel 9 on Assessor's Map 253 Dear Attorney Anderson, Pursuant to 310 CMR 15.21, of the State Environmental Code, Title V, I am officially notifying you of the Board of Health hearing which will be held on Tuesday, May 12, 1992 at 7 :00 P. M. or as soon thereafter as practical in the Conference Room of the Town Hall Building, located at 367 Main Street, Hyannis, regarding the above referenced parcels and possible revocation of the conditional variance(s) granted to you on March 6, 1989. The variances were granted more than three (3) years ago. Disposal Works Construction Permits expire after two (2) years of issuance. However, no Disposal Works Construction Permits have been issued by the Health Department over the past three years for these parcels. Also, the Board of Health members have great concerns about the density of development proposed to be constructed within a zone of contribution to public water supply wells. In addition condition #5 of the variance letter states "the dwellings must be connected to Town Sewer when the Department of Public Works determined its availability" . Town Sewer is available to this site according to the Planning Department personnel. These issues will be discussed during the public hearing. Sincerely Yours, CC: Ruth Weil Robert Schernig seph C. Snow, M. D. Joseph DaLuz o 1hairman Kevin Wise TOWN OF BARNSTABLE BOARD OF HEALTH i YHE TOWN OF BARNSTABLE P OFFICE OF = Besa SS. MASS. : BOARD OF HEALTH y A i639. � 367 MAIN STREET HYANNIS, MASS. 02601 March 6, 1989 Mr. Richard C. Anderson, Esq. Attorney at Law P. O. Box 518 436 Main Street Hyannis, Ma 02601 Dear Attorney Anderson: You are granted a variance from the Board of Health's Interim Regulation for the protection of the groundwater within zones of contribution to public supply wells, allowing the creation of a 49 lot single family open space residential development at Phinney's Lane, Hyannis and Centerville, Ma., listed as parcels 51-3 and 51-4 on Assessor's map 252. The following conditions apply: 1) Each dwelling cannot contain more than three (3) bedrooms. Dens, study rooms, sewing rooms, enclosed porches, finished cellars, and similar type rooms are considered as bedrooms according to the Department of Environmental Quality Engineering. 2) Each dwelling must be connected to town water. 3) Each septic system must be installed in strict accordance to the approved engineer's designed plans. 4) Each septic system shall be pumped every three (3) years by a licensed septage hauler. 5) The dwellings must be connected to Town sewer when the Department of Public Works determines its availability. The variance was granted because, as a matter of right, the petitioner could create more total bedrooms, thus more sewage discharge than results from the allowance of the 49-lot single-family open space residential development with the condition that none of the 49 dwellings shall contain more than three (3) bedrooms. The petitioner established that a 27-lot subdivision of a portion of the property was previously approved, at a time when such portion was not within a designated zone of contribution. Four (4) bedroom dwellings could be constructed on each of these 27 lots. Also, that portion of the site that at all times was located within a zone of contribution, could be subdivided into 14 additional one-acre lots and on each of which could be constructed g. Richard C. Anderson, Esq. y° Aarch 6, 1989 3-bedroom dwellings. Thus, as a matter of right, the petitioner could have constructed 41 residences containing a total of 150 bedrooms. This variance granted, with the condition of allowing only three (3) bedrooms per dwelling, only allows a total of 147 bedrooms on the entire site. Sincerely yours, &U.A.- Ann Jane shbaugh Acting Chairperson Board of Health Town of Barnstable TM/bs i April 16, 1992 Mr. Carl Cooperrider Chairman, Planning Board School Administration Building Hyannis, MA 02601 RE: Lake Isle Woods Subdivision Dear Mr. Cooperrider: The Pmariances granted to Attorney Richard Anderson,regarding the 49 t single family open space residential development at Phi ey's Lane, Hyannis and Centerville, MA, listed as parcels 51-3 and 51-4 on Assessor's Map 252, have expired. The Board of Health members have great concerns about this density of development proposed within a zone of contribution to public water supply wells. Please advise the Board of Health of the status of the subdivision proposal Q[Y Sincerely yours, Joseph C. Snow, M.D. Chairman BOARD OF HEALTH TOWN OF BARNSTABLE JCS/lls cc: Richard Anderson, Esq. the ' aa►rwXC(N pAjoy%)1),:,NRV4/A jJ'0 1/avi •n nQ L s,CLA kcr---,per NIJ F. LA +lL irOA . � 1�c, .•IB ice..,--�. c� -�e 1� w��,v,��s �Gy� _ s�G�-" C ca->aCQruS ore 04--- c --> 1-,c � ��a - - v' TOPSFO 7525' A CK�-t. sue' ��L(CSC., Litho in USA ��. ._ w r .a�. . '� d Y k .,�: - , s � ,R •. r . ,, L �� 5 � � l 4 ! �. , f � < �, � r. J r TOPS FORM 7525 Ufflftm in us a 4 FORM C ARPLICATION FOR APPROVAL OF DEFINITIVfOF$LAh117R 4 Ilk here alternative paragraphs are provided, applicant is to select and'complete iF,e ara raph . pertiner7to.his case.) '89 U 10 3 :0] Ma ld 19 89 To the Planning Board of the Town of Barnstable 1. The undersigned applicant, being the owner of all land included vAthin a proposed subdivision shown on the accompanying plan, entitled Definitive Subdivision Plan of Lots ]_ & 2 on L.C. plan ................................... .... ............. . ........ 3b669A and Unregistered _ and and dated ..............AP. a 13, 19..39.. , submits such plan as a definitive plan of the proposed subdivision and makes application to the Board for final approval thereof. 2. The land within the proposed subdivision is subject to the following easements and restrictions: None ..............................................................................................................................................:....................... 3. There are appurtenant to the land within the proposed subdivision and following easements and re- strictions over the land of others: None .......................................................................................................................................................................: ...................... ............................................................................................................. . F � 4. (a) W-15FAPffi y"eti t#Wp §d-,0jb&M"z1W1< OR (b) tactf � � �t� s xtaf���l�rx0�p a fi z#a ��m xBx.......................................... .xist........ . NJ AY � 0 (c) A preliminary plan of the proposed subdivision was tentatively approved by the Boor�B�n .October....17.2............... . 19.88... with modifications, which modifications have been incor- porated in the accompanying plan. 5. The applicant agrees, if the definitive plan is approved, to construct and install all improvements within the proposed subdivision required by the. Rules and Regulations of the Barnstable Planning Board as in force on the date of this application, and as modified and supplemented by the work specifications and other requirements set forth in the statements attached hereto. 6. The applicant further agrees to complete all said required improvements within one year from the date of approval of the definitive unless the Board approves a different period of time. 7. If the definitive plan is approved, the applicant agrees to record or register the plan in Barnstable County Registry and agrees that even if otherwise authorized.so to do by the filing of a performance. bond, applicant will not sell or offer to sell any of the lots within the subdivision until. said plan is so recorded' or registered. 8. The applicant further agrees that if.the definitive plan is approved, applicant will promptly at any time thereafter when requested so to do by the Board, convey to the sewer District in form satis- factory to the Board, title to sewers and the prescribed easements therefor. The applicant also agrees to convey to the Town title to storm drainage improvements and easements therefor. FORM C — Page 2 9. (a) The applicant further agrees that before final approval of the definitive plan, the applicant will cause to be filed with the Board a bond in form satisfactory to the Board, conditioned on. the completion of all required improvements in the time and manner prescrihed, in a penal sure sufficient, in the opinion of file Board, to cover the cost of such work, and executed by the ao- plicant as principal and a surety company authorized to do business in the Commonwealth and satisfactory to the Board as surety,. or secured by the deposit with the Town Treasurer of cash or negotiable securities in an amount equal to the penal sum established by the Board. OR (b) The applicant requests the Board to approve the definitive plan on condition that no lot in the subdivision shall be sold and no building shall, b,3 erected or placed on any lot until the re- quired improvements necessary to adequately serve such lot have been completed to the Satis- faction of the, Board. 10. This application is accompanied by an original drawing of the proposed definitive plan with three black line contact prints and a fee of $15.00 to cover the cost of giving notice of a public hearing. 11. The owner's title to the land is derived under deed from .....R.. .y...Sprinkle.,C ........... dated .........Xavembex.......3,....... , 198.r.. . , and recorded in Barnstable County District Registry of and :�-.Deeds, Book....53AL. , Page 7.$........ / K)R under Certificate of Title No. .A0.$.155D.... registered in Land Registry District, Book .................... . Page.................... . Kevin Wi By....... ... ......... . . ....................: R' ar Anderson, Atty. ........................................................................................ Applicant ......... .3.6..MaIj...5.k ...-..13ox..518.)..J.y.ann MA.. Address A list of the names and addresses of the abultors of this subdivision is attached. Verification will be made by the Planning Board.. MAP. 252 PcI. No. 50 Joseph I. & Marie C. Supple 10 Goose Point Road Centerville, MA 02632 86 Robert M. Shields, Sr. 129 Airport Road Hyannis, MA 02601 49 Henry A. & Jaduyga Dapkus 1037 Maple Avenue Hartford, CT 06114 48 Douglas R. & Isabelle R. Salter 40 Goosepoint Road Centerville, MA 02632 87 Panthelis Pilavios 8 Fay Road Dedham, MA 02026 88 Louis R. & Katherine C. Ayotte #9 Brinda Lane Nantucket, MA 02554 89 Donald A. Bartlett 76 Goose Point Road Centerville, MA 02632 47 Cecile Cabitt Segal & Edward D. Cabitt 88 Goose Point Road Centerville, MA 02632 45 Donald J. Chaves 125D Pleasant Street Hyannis, MA 02601 44 John G. & Gloria Coutinho 943 Phinney's Lane Centerville, MA 02632 MAP 253 Pcl. No. 11 Edward H. & Elizabeth L. Hudson 759 Old Strawberry Hill Road Centerville, MA 02632 10 Donald S. & Beverly Campbell 740 Old Strawberry Hill Road Centerville, MA 02632 MAP 273 Pcl. No. 16 Guy L. & Janice A. Morse 1057 Phinneys Lane Centerville, MA 02632 - ow .�r The Town of Barnstable Health Department { ""tea" r"a ' 367 Main Street, Hyannis, MA 02601 .a1a F Office 508-790-6265 Thomas A. McKean FAX 308-775-3344 Director of Public Health June 24, 1992 Richard Anderson, Esq. P.O. Box 518 Hyannis, MA. 02601 RE: Parcels 51-3, 51-4 on Assessor's Map 252 and Parcel 9 on Assessor's Map 253 Dear Attorney Anderson, You were present at the Board of Health hearing held on May 12, 1992 and again on June 23, 1992 regarding the above referenced property. During the May 12, 1992 hearings, you requested the Board continue the hearing to June 23., 1992 to allow you time to investigate the availability of Town Sewer to this .property. On June 23, 1992, you requested additional time, to continue the hearing to July 28, 1992 because, you are still awaiting information regarding the availability of Town Sewer to this property. The Board of Health members voted unanimously to grant your request to continue this hearing with the following conditions: ( 1) The applicant shall not seek or apply for any disposal works construction permits for any of the parcels contained within the above referenced property until after the Board of Health hearing is closed. (2) The applicant shall not seek or apply for any permits from the Planning Board until after the Board of Health hearing is closed. (3 This continuation of the hearing is granted until July 28, 1992 when the Board of Health will anticipate your presence and information regarding the availability of Town Sewer. During the hearing, the Board of Health after hearing your testimony and viewing any evidence you may submit, may modify, suspend, or revoke the variances granted to you on March 6, 1989. This hearing in no way makes any determination as to the • validity of any of the subdivision approvals and permits granted by the Planning Board. Sincerely yours, C J seph C. Snow, M.D. C airm ann BOARD OF HEALTH TOWN OF BARNSTABLE cc: Planning Board � Ruth Weil I THE TOWN OF BARNSTABLE '" �FT�� OFFICE OF i 11AM9TAn 3 BOARD OF HEALTH NABS. i639' `em 367 MAIN STREET 'E•0 MAY k' HYANNIS, MASS.02601 Richard Anderson, Esq. P.O. Box 518 Hyannis, MA. 02601 RE: Parcels 51-3, 51-4 on Assessor's Map 252 and Parcel 9 on Assessor's Map 253 Dear Attorney Anderson, You were present at the Board of Health hearing held on May 12, 1992 regarding the above referenced property. During the hearing, you requested the Board continue the hearing to June 23, 1992 to allow you time to investigate the availability of Town Sewer to this property. The Board of Health members voted unanimously to grant your request to continue this hearing with the following conditions: ( 1) The applicant shall not seek or apply for any disposal works construction permits for any of the parcels contained within the above referenced property until after the Board of Health hearing is closed. (2) The applicant shall not seek or apply for any permits from the Planning Board until after the Board of Health hearing is closed. (3 This continuation of the hearing is granted until June 23, 1992 when the Board of Health will anticipate your presence and information regarding the availability of Town Sewer. During the hearing, the Board of Health after hearing your testimony and viewing any evidence you may submit, may modify, suspend, or revoke the variances granted to you on March 6, 1989. This hearing in no way makes any determination as to the validity of any of the subdivision approvals and permits granted by the Planning Board. Sincerely Yours, J eph C. Snow, M.D. C airman Board of Health Town of Barnstable a OFFICE OF TOWN ATTORNEY TOWN OF BARNSTABLE INTER-OFFICE MEMO Dated: April 28, 1992 T0: THOMAS A. MCKEAN, Director, Public Healt ,.44 FROM: RUTH J. WEIL, Assistant Town Attorney [ ] RE: Proposed Variance Decision FILE REF. NO. : ------------------------------------------------------------ As per our discussion of yesterday, I am attaching a draft copy of a proposed variance decision regarding a temporary waiver from a Board of Health order to connect to the sewer. I am not aware of the specific facts of this case and therefore you may want to insert specific facts which are relevant. I can place the proposed decision on disk. Please feel free to call me with questions. RJW:cg a BOARD OF HEALTH VARIANCE DECISION On zB , the Petitioners, , received dn order from the Board of Health to connect the premises located at to the public sewer. Due to their limited income , the Petitioners have applied for a variance to waive the requirement that their home be connected to the Town of Barnstable sewer. Based upon the application for a variance and other information submitted, the Board of Health finds as follows: 1. The Petitioners, through their representative, state that the on-site sewer disposal system located on the subject premises is currently functioning properly. 2 . The Petitioners have very limited income and are of advanced age. 3. If the Petitioners are required to incur the costs attendant to connect to the Town of Barnstable sewer, they will be forced to forego basic necessities causing them severe hardship. 4 . Based on the representations by Petitioners that their on-site disposal system is functioning properly, the Board of Health finds that the risk of environmental damage will be acceptable if the Board of Health temporarily waives the requirement that the subject premises be connected to the Town sewer, until such time as said premises are sold, transferred to an individual or entity other than the Petitioners or both the Petitioners permanently vacate the premises. WHEREFORE, the Board of Health, grants Petitioners a variance, waiving the requirement for the aforementioned Petitioners that the subject premises located at be connected to the Town of Barnstable sewer, subject to the following conditions: 1. This variance shall expire within _ years from the date of issuance. 2 . Immediately upon the sale of the premises, the transfer of the premises to an individual or entity other than the Petitioners or the permanent vacation of the premises by both the Petitioners, this variance shall be rendered null and void and the order that the premises be connected to the Town of Barnstable sewer shall be in full force and effect. 3. Nothing in this variance shall be construed as limiting the Board of Health's power to revoke this variance should it determine that the on-site sewer disposal system is malfunctioning. r y 4 . The Petitioners shall record this variance at the Barnstable Registry of Deeds within thirty days from the date of the issuance of said variance and shall provide the Board of Health a copy of the recorded variance. BARNSTABLE BOARD OF HEALTH Barnstable, ss: On this day of 1992. personally appeared the above-named, Chairman of the Town of Barnstable Board of Health, and acknowledged the foregoing instrument to be his free act and deedw Notary Public My Commission expires [vary] OFFICE OF TOWN ATTORNEY TOWN OF BARNSTABLE INTER-OFFICE MEMO Dated: April 27, 1992 TO: THOMAS A. MCKEAN, Director, Public Health FROM: RUTH J. WEIL, Assistant Town Attorney [ RE: Lake Isle Woods Subdivision (Subdivisi #697) FILE REF. NO. : ------------------------------------------------------------ N As per your inquiry about the Board of Health variance . : granted to Lake Isle Woods on March 6, 1989, if you, as Director of Public Health, have concerns about the continuing wisdom from a public health perspective of the previously-granted variance, you can advise the Board of Health to schedule a public hearing to discuss a possible modification or revocation of said variance. Please feel free to call me with questions. 4 RJW:cg pv d 1 OFFICE OF TOWN ATTORNEY TOWN OF BARNSTABLE INTER-OFFICE MEMO Dated: April 27, 1992 TO: THOMAS A. MCKEAN, Director, Public Health FROM: RUTH J. WEIL, Assistant Town Attorney [ RE: Lake Isle Woods Subdivision (Subdivisi #697) FILE REF. NO. : ------------------------------------------------------------ As per your inquiry about the Board of Health variance granted to Lake Isle Woods on March 6, 1989, if you, as Director of Public Health, have concerns about the continuing wisdom from a public health perspective of the previously-granted variance, you can advise the Board of Health to schedule a public hearing to discuss a possible modification or revocation of said variance. Please feel free to call me with questions. RJW:cg a.. ALM EDGEF 0 n LIMI T OF .o o 2 o , �p -� 011 s l / *EQUAQUA l� Q r CAK t oy � o LC ` PHINNEY'S LANE 1 N � �, Locus , ,� '"� --HILLNILL O OP L 0 T 3 OPEN SPACE ERRY /Av+� O NOLD S Z �P o HYANNIS O N P� v \ N Z . r7 N ASSESSORS MAP 252 c� Z 22 PARCELS 51 3 & _51 4 02 P 0 41 9 N 89.S . 2 8 0 o,> o , ASSESSORS MAP 253 O , F :. � LOCUS MAP r 2 o : PA 9 o LOT 42 o ro N , N26-2 �o = f �o,82sfSF ^ SCALE . . 1 2083 p ^� o) LOT 41 cn_ f1Z257SF \ a � � & N F ; 0� 0.28±A C. S 8 DONALD S CAMPBELL N cA_ _ Dr O , o � � 6' ZONE.' RC- 1 & RD- 1 Q � � � 'I � 732/10 J rn co 6 S F - .a - `� �5 -a � � cv rn ,� � � 4.00 � N F a L . 4 / Q, I 1- \. / rn � � Q 6 EDWARD H. `HUDSON �u 0 W ao W LOT 43 50 0 5 LOT 40 1 714 567 cn o N N 52 0_ 5 6g v �° _ / O 11 281fSF. l 5 16 515±S.F. w _ 9 o _0.26fAC. o - ai �. 2 0.38fAC. � w t Q �- 84 "\4/ 43 5c5 - 7, >0.00 51 , / G , � 0.66 O w _ 44.00 W 9 L 42 yr 27 9 � S 52 Q � -- Q , e �V � I 43.01 , 4 b' g „ 224.2 w 0 ^� o� _ 76 J, _21• � w L 41 � / 1 R LOT 39 0 co s 19 86.t .F. _ - - _ o 1200, co � sr � _cb. 0.45fAC. S � o o , , o W 3 � h h W O>n �� ^ 0 co J r 'r II r I 2 8 26 u " o 4 2 W 9 7 J p S 2 2 _sr N 6 - .4 .--- 0 58 -12 W 24 , L � LOT- _ � P N LOT 25 W 108.34 � n cb N L - 19.22 � \ o o rn � . Q o .� OPEN SPA z ,� N LOT �� ^� , � N G -t N .f F. o �co a 9,673 S. cA� _ LOT T 3 � o _ _ � LOT 23 i � 0.22.tA C. N N , � � rn 56 30 26 ...E Q~ z �52.5p Z-z 5 E _ m N 'S7 54 3 _ 148.42 135.37 0 f S.F. (REGISTERED) Q LOT 38 w / 198,468 ( ISTERE ) N LOT 45 11,938fSF. w / 4.56fAC. R w cd 012, J89fSF. 0.27C. 30.F c, n 0.28C. 93 R 6.55±A C. 523, �� �� U, 11 0�/ LOT 22 _'" 2S 112.83 // r N s s1 s2'28" W 164.02 511, 105±S.F. TOTAL l S 66. , / l l / h �O , ,I a 06 4s w / 11. 74±A C. Q m 14.38 149.64 N w ��, IV I D� � LOT-46 j cvn Qn II N 66 06 46•, / / 0 gh �� �V \ \ a / o 222 79 '� d o d �10,987E S.F. ca o 0 o Z 118.79, o ' r\ x o 0.25fAC. 704.oo' o �; o , f� LOT 21 N , -A - LOT 36 w o .>\ N 59 40'00" E o� r b o �, 10,784±S.F. 00 ti o o cZj ^ W 153.61 N d ( LOT 37 ^ 12 832_±S.F. I O ^ O ,� ^_ !j o , LOT 47 �' � o.29fAc. - Q r I .00 ^ �, P , o rn co co � l rr R 30 , LOT'27 � LL� m ,� } 1 087E S.F. r , iN .o <t 2, I 1 LOT 26 LOT 20' \ v N L 42-46 cV Q 0 N N N N 0.28C. r l zQo 0 0 0 I c\r o co 0 N J w l N Q S 59 40 00 W �,/ 10 ZO co �r ?` Z h 09 S, ^ `l, q 135.78 / a N c.� 2 5 a � w� /, � 208 �a � LOT 19,S• 0 O LOT 48 � � a � 10 .••� rr o ^ 0 09 •pp �� R 3 >- 17,058.F. _ O cL , ��3 - 2 R 9 L f W o 6 8 06 ' �A8 47.0.16 0 0.25C. °' D� 12 a �, z 1 , �, w , h 0 0 0 0 C 0, s � o co �. 8 h 5.0 S o, � 72 , _42 0 o o �� W co h co <v N / \ o N �S. o w o o L O T 34 N h { �� Z Q` 11,609tS.F. r E 8 Q O; ,"� �� o o } >>, �. , .0.27±AC. o LOT 35 o �. -� o- R �, to 1 N •3S O � h o o 0 8- \ W N f _ o d \i r 10,202 S.F. s h o 0' "� w Q Z r 0.23fAC. >\ 0 hO J • LOT 49 a w >>S rr LOT 15 0 0 o 0 26, �3 , 0 0 Q f ,� LOT 13 � ;h h h Q h 10,382 S F o S ) N , . �, . � � LOT r 14 ��� '� -- �825, , ,a , ,, � ` NOTES: h 0.24±AC. �\ �,1, , 125,, ^ S N 8 �� \ 9 . 1^ .,2, o h o z F "o , �o02 o Cc, � ^ ti 16 LOT- F � s 2 / 0 0 DENO TES C.B./D.H. FOUND s � (f) 00 1.53 0 S / 8?0 L J � N 11 cr r O v O� r ' o 0 DENOTES CONCRETE BOUND � Wo 2.6g o _ w 4 �o� I / /y p \� \ W L_3 o LOT 32 �3p / 6 8 p Oc 0 BE SET op g 50 0 1 ¢ T Q n 6 0 rr r- 11,215E S F. o E r O/ Q p �, _ 0.26fAC. 11 q h , / Q O 6 0 ►� r � LOT 17 D.E. - DRAINAGE EASEMENT` 4 4 0 ; LOT 33 0 _ �, 8 I N 2.� ► „ i 0 11 r, 2 0 , 10 870E S F. N \ o A 1 , o P tk _ � SHOWN AS TAKEN v ^ ZONE LINES 0 N W A -0.25fAC. / ; N- o Nl N _ L FROM ASSESSORS `MAPS. f _ N 24 cV 0 C A LOT 50 3 ^ ,� 2 LOT 12 0 64 q� i N /4 d / ` O FOR IRA VERSE INFORMATION 0 11,279tS.F. LOT 10• I � o _ _ �, n � LOT 11 W I S62 /74 �1 / / Co. S 0.26fAC. r O O cV i AND DETAIL SKETCHES, SEE �, � t I► _ 2 ^ N OPEN SPACE �.`� f?-2 23 / 0� WORKSHEET. Q,o o i 25o R I �. ' , o / � LOT 4 , �- 6 / R r7 I 4.14 5 \1 v, 02 / 0 \ N N I , W/D L = 16 75609.F.(REG/STEREO) ALL BUILDING LOCATIONS WERE \ o S 62 17 40 , W E �� z � 03.89' rn f -R 175 0 Ste, _ .. / LOT 9 23 735ES F. UNREGISTERED Q MADE TO CORNERBOARDS. » ' �� I 60.88 L=4 �S'i _52.5 J N I► 536 !� o //Z 99,344fSF. (TOTAL) Q S 59 41 02 W J �) ,� y� , , L 14.22 o � (RGdrol) O o 6' o N 9 O W ss c�, �S - ,� � - S, ni 00' N � 0 1N II o, W h L_ , / cb • LOT 51C�o W ��� 134 0 p „ �_ APPROVAL UNDER THE SUBDIVISION CONTROL I CID "� 10 948E S.F. +> h h Q A 7 U N , LOT 30 s �� 323 / / ,4 Y ao 0 0 h rn 8 2a LAW IS REQUIRED. 0.25±AC. W LOT 31 2,5 o oo Z o ' cn 10,89JfSF. ^ o ^� o h 8 ^ N "� 8,656tS.F q> LOT o 0.25�A C. _ 0 193.4 0 BARNSTABLE PLANNING _BOARD \ \ (Radial) r- co 0.20fAC. , h ^ -- 0 53 0 52 rn S 1 � O Ui h (1 Z 114.31 11 5•p0 O / Iwo 29.94' _ v Q � 2 25.00 6, � A . - 57 T4 2.90' 1 ,,� w o 156.20' f , LOT 52 a, 74, N 68 24 O8 a ^' h^� cA o_ N 11 220fS.F. _ , 82• » E U, 87. • --_E o h S 62 03'00 W i W N , , .44 29 _90 � � Ocb J o rn o.2sfAc. ;z N 48 4 LOT 28 LOT 5 <c co "� w ,� cn o w REG. 2,866fSF. LOT 8 LOT 7 w Z N cfl � rn t° UNREG. 7 q 250 S cam, Z�\ 13386 W Lor 29 N w - „ Qi m 8,92&±S.F. _ TOTAL Vi 2 STY. W F p o S 61 4731 W w iv 0.20fAC. m 13,116fS.F. o / ti , 13 - DWELLING Z °; 7.22 6 R� - O LOT 53 m 3 , O 11,090fS S.F. w rn 85.3 „ W 16g 68 10 WIDE DRAINAGE 20.DO' ry '44 29 o N/F 0 0.25fAC. N .--S 48 0 o� EASEMENT o cfl �, • - 30.0 - GUY L. MORSE` W -Op R _ 2 L-/64.45 _ 10• 47.1 47, 101.16' _ , 3191/264 151 86 04 �/ L 9 - - _ _ L- 102.00 10 i p 7 , . ,_ Date 0 0.00; • g W 2 - _ 39 L-256.92 , 44 2 � .90 : , . x R-922. S 64 5 ,� S 48 / 91, 5l0 W I a 30 , / z n,.. R=14,39.57 R - 6 3 rn 2. 9 1 1 PUBLIC .�< . :_- z W ) NO LOT AS SHOWN ON THIS PLAN AND APPROVED I _ L_....r. - .44 29 WIDE L,41VE W l S 48� 6 0 /N ACCORDANCE ' WITH THE OPEN SPACE REST 181 06 DENTIAL DEVELOPMENT PROVISIONS OF THE o L � -9•g4 S ZONING BYLAW OF THE TOWN OF BARNSTABLE 0 _388 E y R INN THIS PLAN` SUBJECT TO COVENANT PH 2 SHALL BE FURTHER SUBDIVIDED. '� o AND DATED ------------- a, ATTACHED HERETO. ; 7- N FlNI T/l/E SUBDIVISION PLAN DE THIS PLAN HAS BEEN PREPARED /N CONFORMITY OF W _l AUNE CAHOON CLERK OF THE TOWN OF WITH THE. RULES AND REGULA TONS OF THE REGISTERS , T THE NOTICEL. C. C. 36669A BARNSTABLE, HEREBY CERTIFY THAT US TTS LOTS 1 & 2 AS SHOWN ON OF DEEDS OF ` THE COMMONWEALTH OF MASSACH E OF 'APPROVAL OF THIS PLAN BY THE PLANNING AND :'BOARD HAS BEEN RECEIVED AND RECORDED AT THIS SUBDIVISION NAME UNREGISTERED LAND OFFICE AND NO NOTICE OF APPEAL WAS RECEIVED . 4 i4 ,�9 LAKE ISLE WOODS IN DURING THE TWENTY. DAYS NEXT AFTER SUCH ,, l DATE PROFESSIONAL LAND SUR I/EYOR RECEIPT AND RECORDING OF SAID NOTICE. BARNSTABLE, MA . i z HYANN/S DATE TOWN CLERK , 1 PREPARED FOR. . KEVIN WISE. AREA SUMMA R Y APRIL 13 1989 SCALE 1 =60 REG. 25 7 888E S.F. 5. 92E A C. 19% -L p TS U G: 299 650±S.F. 6.88±A C. 23� NRE � o � so 120 240 , ROADS REG. 6 7, 025.F. 1.54E A C. 5% - , UNREG. 6 685.F. - 1.99-±AG. 7% _REG. 274,077E S.F. 6.29�AC., 20% OPEN SPA CE z. 95±S.F. 7. 87±A C., 26�' R.: UNREG. 342, 7 ._.. - K - BSC GROUP CAPE COD INC. , 00� MADAKET PLACE - UNIT_B12 TOTAL 1,328, 120fS F 30.49�A C. 1 C' �U-----��� ROUTE 28 MASHPEE, MA. 02649 508-477-2525) -CALC T.A.W. CHECK:L.R.F. /C.F W. DRAWN T.A.W DWG. NO. 1382-1 PROJ.'NO. 3-3265':03 _- r r -EDGE OF L/M/T OF ,o � o _ <1 p _ y _ 7 H'E(JUA4UE � �` j9/ . T LAKE _,o 634 F 8S fp o2 37 IYFj \ cj �� , 1 \ a 3. o� < J _ PHINNEY'S _ _ L LANE LOCUS a -- ILL OQ ♦ L 0 T 3 OPEN SPACE - Y H WBERR o s- A z � aLp t- o HYANNISAl �P Z N p ASSESSORS MAP 252 cV � PARCELS Z 51-3 & 51-4.(V P o w Oti A' o ASSESSORS MAP 253 • f h' a PARCEL 9 LOCUS MAP o ' SCALE --2D8,3.1 LOT 42 LOT 41 N F W 1 / � N DONALD S CAM PBELL 7 - ZONE: RC- 1 1 & RD 1 0 c� Q Q_ O r _N/Fi � r_ U S�., o rn � EDWARD H. H D N W Q C) N Z 50. \ ` 714/567: 5 o : LOT 43 � � LOT 40 - -- ' 43 � 4 5 _._ 66 -. 30 , W Q t 2 � f S� o 43.01, .. w � r V . w w r 3 � . ti -LOT F 9 s o E ti o o � F 6 F o _ sr o _ � r I �z I. rn LOT 24 , m' 1 a 10 503t S.F. 0 L .2 � cx, LOT 25 � �E s t 11 766.F. cy q 0 Li 0.27fAC. _. o A OPEN SPA CE -�O �, o, - G 2 . � �w - LOT 23 LOT 3 a _ L_ _ 40 0 � , 1,460fS.F. kP_ rn 03 0' 0.26fAC. -r � � � 0 15 , � 30.00 / � 9 f (REGISTERED) N » 1 - •�, / 1 8,468 S.F. (R � �y � W (Radial) ,� rr r O r 3 21 37 �, � LOT_38 4.56fA�.. s --- `� 3 I! m ,312,637±S.F. }UNREGISTERED o00 LOT 45 GR/ 2S o R / 2 to F:55f A C. 3 , o LOT 22 � c, ii 12,284fS.F f 1 �� 'tom A c�• 0.28fAC. 5. 1, 105�-5 F (TO TAL) ,� sue. ^� i 11. 74A C. - L'D o ,� ,Q,, ,'wj Ct ,� to '� G< _- p �• � �x o p0, o - 1 , LOT 46- _ N 660 LOT 2, 6 46, E- ,, • •p� 156.08 6 - s 12,803t5.F. "� 6.08 /, 0 0 0 0 r 90.0 ! 0 O. 0.29fA". / !! n LOT 36 v r u, �.. � ;-�.`:. .�.--• ,--' LOT 27. 5 a N LOT 37 \ L - R - _3D 11,031fSF. �i _ ♦ h 00 1 �P p O o Q) LOT 26 �fl 9 LOT 36. .c� LO 47 L - 4 0.25tAC. o 1 2 0 20 �b 2.46 - o --� 0 f . • - . 0 1-=- - --F `�_ ;. _ 1_,6J3fSF. O � �, 0 0,31 AC. _ _ , 0.36C. h 0 or) N o 0 o '� o 5 0 -� ,p 0 ' b �O h 1 E 0 U �- O .� �, � 2 � coT 1 s 1 �. � -- �12 g•4 ��-� � 9,952fS.F. l0 4.g 95.52 0.23fAC: � 09 E 5,00 ! ` �'� O� nn T < ^� 3 0 fr L0. 48 V 3 2 : 0 A� O 1/ a p F` , � . z. o gg o_ ti o '. '! wCb h =10.00 L tK 5. �� -p O lb LOT 34 . 2 39 �� o, _ 8. �� _.. LOT 18 r Q o O t7,4�JT 5 V- L-9 _ tt cc / 0.00 co L_85.00 15 0 � o sr / � LOT _ '" o- 0.24±AC. 8 r e , �j OJ O, ` / �� _ _u' i iv 10,597fS.F. © l O w LOT 35 h T. co o b, r -ti LOT,13 x _ �� o , 0 n748 �o LOT 14 N -� o o h D -N _ 2 - 11 517�5.F. j - - J ,�. LQT-49 o o c '1 8 c� 0.25C. v , , l NOTES. 00 = 0.26 tv r*� �� N t , tAC rx LOT 18 $ >� m o ,� o 3 .00 - 1. O h rn v �j 11,048f S.F. a ?� 0 / , R �` i f ti '� 0.25�AC. Q� ` 9 Q _ � .> Q DENOTES C.B./D.H. FOUND ,. , tJ o + rr, . 0 F � � _ KENO r S SON_. .,T= �__v N_- i 6721 'Lj Dc 15 0 8 _�O BE SET _ a o, .. - W O ti 429 - LOT 17 .o LOT J2 / 9 01 68 0 0 43 70,932fS:F. 2 .# D.E. DRAINAGE EASEMENT r A S0 ?278� �j a 0 `', p_ 1 O? Q 25fA�. ,� � LOT 1 _ o ..3 J 0 , c >\ti 30.00 _U o ti 6.7 lY T 1 5 0 �/ f c 5 �' - • i 1 S - , Cti '1 ` ZONE LINE SHOWN ;�A..-. TAk.ETJ � o 13p 96 2 Lx / n1 ti S 6 1 c � S ,� FROM ASSESSORS MAPS 7 5 LOT 12 0 -� LOT o ♦. LOT 11 � 10 ,3 , ,,� S ,, , If _ -- 8 , ". 10 193f-S.F. _ _ .,t, FOR T,2A VERSE It�FORMA T,Gr T 50 --_r; '_ � ` 8,962fS.F. -� fl -8,6_B.fS.F � O T .-,- L0 64. 1 1 . o c� ,.�+�- i 14 c� , AND DETAIL SKETCHES, SEE ,. �.- � 0.23fAC. - �-• 0.2a c� �� ss � Or�'Ertif SPACE � f�� ( ni 62 17 40 E 225.00J k O - WORKSHEE T. 6 'I LOT 4 "1 c. o , o , ca _a 5 T g (50 LOT / S 62 sx N 0 p 1 I: J 7 40 N y�. 0 9 "" 3, 1 I 75609.F. REGISTERr u l ALL BUILDING LOCH TIONS WERE o r� !p� 1S N 9. 53fS.F rn o i r LD 1 Q------ - 5c0 i �1r ;n N ,v GISTERE-D MADE TO CORNERBOARDS. oa - O cy t rr 0.21 SAC. cT, 23,735S.F (UNRE N �� coo 99,344 S f. TOTAL, i t p i a 8S / < L`J '� ! s /' o I - > L 4! a 1�� 00 ti fl { s� O 34.8 R 30.GD _�. r 2 L 3J. 12 63.`DO , C 1 J, 1934 E 34. N 58 i/ , I � 9 �. �, , v f ' APPRO .AL UNDER. THE SUBDIVISION CONTROL _ /' .� - I LOT 51 L-24.68 c, ca d ,' -. l LA vt IS REQUIRED. LOT 30 r J �`._ <. � �, / -._LOT 8 � .� , «, o LOT 31 19 - _ ro 0.26±A C. BA RN S TA BL E 'PLANNING BOARS 60. 18 r x S ) ?tr ►, 9/ o O' I t � 0 o V "� i li If -41.04 p R48 77.36 i r, S 62 03 v 4, _ 00 W P. �. A�try, J cam., rn a o � � LOT 5 "� LO LOT 52 - - L O T 28 ��'`' ,*�� QQ// 11,1 i 9fS.F. ti o s `�'' S 5 • » 1 z n, REG. Z 866±S.F. r 0.26fAC: c, �; �" co ' LOT 6 ' UNREG. 10,250 S Fch V ti 10,904tS.F LOT r, �= �, _s -' h• '� C. 10,225±S.F. c o ti cr_ TOTAL y1 J� 0.2. A ` LOT 29 -, ,, , � , =----- Ca 13,116±S.F 0 0.23 AC. _ - 13 C� 11?36 0 .i tc 2 STY. W17F C` cJ y 6 Q 7G4- ^' ^ J r.� - 4o O v DWELLlNu ,32.85 0 o LOT 53 •�4 2g 299.6. 3.35 : "� cr, N/F tv - 8 -. - „ 5� r is 0 0 . - GUY L. MORSE f _ 30.0 l e4.45 R - 2' 47 - 701.16' �! 3191/264 ��}} Date ti 0.00 -00 __ _ -v g' L-2.5 6,92 y 30 , / g0 R-922.3 S �J cn a 99 64 5� 10" a W L; - _ fl 3 PUBLIC , _ n _ 112•6 E J : l�� .LOT AS SHOW, -ON THIS PLAJV AND Af PR,� , L1.. 3 10, ,2g, w 60 woo LLAN, ' , 4 ! --16 S 4� C / IN ACCORDANCE WITH THE OPEN SPACE RESI- ;u L , 4 � i 1 �. T 1 , 0; : DENTAL I IAL DEVELOPMENT OPMEN� PRO VI SIONS OF THE j o ,> J181 > L S F Q Y ZONING BYLAW OF THE TOWN 0, BARNSTABLE 0 1- -38 ` SUBJECT �0 c.O✓tNAN r R P� THIS `PLAN , , SHALL BE FURTHER SUBDIVIDED. - o �. DA I ED ---=------_--> AND �, g{ •% �. -r 1 J HIS. ACTUAL SURVEY WAS MADE `ON THE GROUND ATTACHED HERETO. f 7 r N lI� CCORDANCE WITH THE LAND COURT INSTRUCTIONS 7 11 & JUL Y 22 1985.OF ?9 1 ON OR BETWEEN JULY L PLAN O, LAND F CLERK RK OF THE TOWN OF IN ,, A U,�E CAHCION, E' r , 1 T HEREBY' CERTIFY THAT THE'NOTICE d�Rf JSTABLE, H - ^ DA I'� PROFESSIONAL ..LANDS t/EYOR OF APPROVAL OF THIS PLAN BY THE PLANNING x . BARINSTABLE MA. A n V RECEIVED 'AND RECORDED A T THIS SUBDIVISION NAME. BOARD HAS BEEN yy t 1CMM NOTICE OF APPEAL WAS RECEIVED � ,, . 'OFFICE AND NO . ,. , D � �� y HYANNIS k < > c T rLAKE isL� woaQs �� -iHF_ TWENTY DAYS NEXT AFTER SUCH I; :. � DURINGG� �� { 0 ICE.. R RECORDING OF SAID N T R THE SAME NOW . .Et,LIPT .AND "RECORD/ THE CONDITIONS ON THE GROUND ARE BEING A SUBDIVISION OF LOTS 1 & 2 ; A,S,A T .THE TIME OF THE ORIGINAL SUR 1/EY, EXCEPT WL.C.C. 36669A _ AS SHOWN ON S NOTED. AND UNREGISTERED LAND �989 WN CLERK , DA f E TO h , r--- PREPARED FOR: KEWN WISE DATE,:E PROFESSIONAL LANDS VEYOR SUMMARY - .: .AREA ; JJ_ J f APRIL 13 7989 SCALE 1 -60 ,a 1 g o R G. 257 888E S.F. 5.92fA C. . �' LOTS E , f G, 299 650_S F 6. 88fA G? 23� UNRE so o � so 120 240 ROADS 67 025.F. 1.54fA C. r' 5% _ - REG: UNREG 86, 685.F. 1.99.±A C. , 7% REG. 6.29--AC.i 20 .OPEN SPACE 2 74, 0 77f S.F. UNREG 342, 795.E S.F. 7. 8 7f A C.� 26% m..v...• 4 - . ,. BSC GROUP - CAPE COD INC. . . ,, MADAKET PLACE UNIT B, 2 TOTAL 100% . 1,328, 120fS.F. .�D.49fAC. �. �� ROUTE 28 r. n. MASHPEE MA. 02649 508-477-2525 T,A.W_' DWG.NO. %382 PROD. N0. 3-3265.03 CALC• T.A.W, CHECK L.R.F. /C. F.W DRAWN: I OF PONO 0- \v, cl C3 C77', �z C) c) Ln (i C\j C\j 4_) LANE & n Z�! Ln c\j L -0cus C) Fy 13ER 51 ASSESSORS MAP 25 PARCELS 51-3 & 51-4 -0 Q) ASSESSORS MAP 2 5 3 Q) LOCUS MAP CID PARCEL 9 LOT 41 LOT 40 SCALE /m 2083" /a 825 S.F. N /Z257 S.F. roo 025 t AC. 028 AC. % ZOAIIIVG C % A — 2 I?D C-\- i 1� �l 143 ---- --- cr_ 44. 0' --------------------- cd C;h _z ------------ - - ----------------—--------- Z L �"7 77 7- LOT, 39 % fy�ccl, OM X. 0.26 AC. vi Ql) L-36.84" L-44-00' 4 rx,E OpEA1 SPA CE N5 (b 9 V 6! Q --J Cb L-21.76' LOT 38 Q� N) LOTJ LOT 4-3 C) /7,M ! S.F. V) Ln 59,W S.F. 0.40 t AC.' LOT 19 0- L-25D6 150, 9-56 t 5.f 07c0JLEREP � 022 1 AC. 224.75 6 5 A C. /6.778 S.F. /04.0-3 S624" 33"W, (UNREGIS TERE 0.39 AC. clz 259,421 S.f C) (\j q s57- 1Z 5.96 1 A C. 4z, LOT 37 ADIAL) 09 X LOT 18 F (M rA L) 6 5. 8 7 15�906 S.F. OX AC. AC. -cy� �o LOT 20 <1 �j LOT 44 9.61 19,364 S.F. Lq ct) C) 0.44 AC. 024 Ar- /54.76 /5,532 t Sr. V, 26V S56' -3 0-36 AC. 129-95" 7Z- 148.85 _j N57- 541 -35HE R-30.00' 10 6 ------ N63*/0' 7"E (RADIAL) 0'\ LO L-25.2 c\j LOT 45 010 Ln 14.134 S.F. Iq -tyll :zj c� 9.374 r SF. zlzo� 'c� 0.32 t AC. LOT 17 022 t AC. 1�y A� c\j 155.4 3 L-5.OZ 13,712 S.F. N6r 5Z 28PE LOT 21 0.31t AC. X ro �l '1� Ql) <� Ln 0 IS& A(6/*5Z 28E C) S66'61 IZ/65 S.F. 149L4*' c) 028 t AC. C� — 1 308 LOT 46 -57' 118.79v 104.0(SK AA Ln ",- "-:- I �-p D.E-_,` '0 957 t SF. U LOT 22 LOT 16 35 cn (2829-1 S.F-) C14 S.F. V�N 5�j/_ 18�0_% r S.F. 23 LOT 34 C) 559* "1 co 10.765 a S.F. 02B AC_ (S" /�p OA t AC. LOT 401 cr) %. G� ------- 025 AC. c (A u - (V 10 CC) C) LOT S.F. D.I l< C) /Z 831, S.F. yV/ LOT 24 G) r� -.4 14J21 ;30DOI 029 t AC. 13,m S.F R *,: Q) bo 0_320 AC. q/ Nt �0 L-42-40 OJ2 X. N Q) M 067 it/ 81,57- C) LOT 15 1�0 I Q co 0,26 t AC_ L-62DZ 0 lq- (11,031-1 S.FJ -_j S?S- l< �) /Z359 i S.F. zz /0' �0_5196_ 135.78" go ?kq\� R-30DO' 0.28 t AC. Q R-30x 1 4- 95. 52,' L-47JU S59' 40' 0"W S?6- 1 .11, v T3 %cc L-46 /0' C"7y . 00 IV 37 5 Cc,/ �j I . 8" 1 1 Q) �L I W10E �J_ Ln i� LOT 14 > llq- :?06 LOT -18 &� 1 50 of 6 i/b, LLJ 1��, \ ) V 13,495 S.F. Lli 1!056 2 SF. R- 4 . 5. ,0 0-5 . A LOT 33 104.1-411" LL_ Lq 174. 46 1- AC A;Nl Q5 cr) 025' s AC. �b to 4,) LOT� 25 L- 85. 33' CO- 4 c� 11.609 S.F. (b 027 AC. UZ799,- S.F) v 0 V) 13 600 S.F. LO LOT (b LOT /0 'A �105 c� LOT 12 0-31 AC. S.F. LOT 49 /4 706 S.F. 979 Q) 15490 S.F. Q; 'c� 029 AC. 0-30 AC. N S.F. (S //0 801- Sll�.F. CL35 AC. la382 ,t Q) 0a <) LO 60, 024 t AC. 1 0 c\j LOT les 9� 9 /C� 78.6-31 V) S6721 /S lo� t S.F. -J Z) C\J 91 LOT 32 8. NOTES: Li Lij C) — C� `625 AC. Pi nCQ S� /O.W CID 5 bo 11,?J5 i S.F. FS LOT 31 -960,5, C) c� 026 AC. 0- DENOTES C.BID.H.FOJND q jjgE� t co /0,8.32 t S.F c� LOT o--r-3286. S.F. c\f R-JODY <l. C\i 4) 025 t _E BOUND Zt N DENOTES CONCRE7 CID L-49.4Z Q) 6/ 'LOT 26 64J4' un TO BE SET 4- 64 _0� �p eq 8,943 LOT 50 14� '/ (9,356,t S.F) 0- Lp '30, C�� (,\i 1 1 N 6 ' I rO 02-/lt, LOT 8 S62*/7" 4-O`W R- 0 r- /Z 642 t S.F. D E. - DRA IAIA GE EA SEMEN T 11,279 S.F. Af 0- c� 4-/ OM t AC. C\ll Qi ZONE LINE SHOWN WAS TAKEN Lri 026 AC. t-o 10,6902 S.F. C):- NZ;t- -50 FROM ASSESSORS MAPS. 4- Ln S62- f7" 40-W R-17 .025 AC. OPEA1 SPA CE 5. 00n, IN 103.8-CY 1.//0 ",9 ? IN U-) C) 64J4*' 0%0 9, le " LOT 4 FOR TRAVERSE , INFORMATION 0) 4 -9 . & - 99 R-30DO, I __ v c 1.801 L-4135' "I, _j AND DETAIL SKETCHES,SEE c\j N59* 41" ZE L-49.4Z LOT. 3 488± S.F. (�i 0� / 1 - 191 C\jl IV58 (RADIAL) 54 0& AC. L-26.06' 25DO' 89,714 SF(REGISTERED) WORKSHEET. r- 2.06 1 Ac. LOT 51 cri 00, 78.41" Q) E 17,889 1 SF (UNREGISTERED).i., 0) 0) ��l --.,: �j cv F-19' 34 ALL BUILDING LOCATIONS WERE 30.00 /0,949 S.F. 3. 40 0.41-1 AC. MADE TO CORNERBOARDS. LOT 30 025 . Q: -_j 94. 64 /0 7., 60 3 -1 S.F(TO TA L) S.F. AI c) LOT 29 c\j 11.915 -_j C�C\j 6 2. 47 1 AC # 1�)' cb 10,%7 . SFi� AC. 113.28 N 0 I A, -_j LOT 7 ui C) 024 : A'-' LOT 5 15620' N5Z 53/ 87.9O�, /a 9LR9 t S.F. /a 0&0 1 S.F. zt (PADIAL) c� 69-8?� 10 s6z-3,Ow APPROVAL UNDER THE SUBDIVISION CONTROL N 't AC. lww 025 AC. 0-v LAW REQUIRED. LOT 52 24"8'IE 2866- t;e- LOT 6, ------- Z\j 46 '4942 s S.F. c\j 6?.7 4� LOT 27 4 DATE ! S.F. �5 (10,250 S.F), fl.?m �-) k.A c\j 2 STY. WIF c� �% 0-50 AC. 026 : AC. c5i L al OT 28 13,116 % u CID z� 'IQ 0-30 sf�z cl:� DWELLING 1,33.86 A� 77.841 1_�8_9,3' r- BARNSTABLE PLANNING BOARD IV, 82-851 --J aaO t AC. c\j N64*55" 100E S61* 47" 31W 299.67" :z C) zm m NIF F 16 n n - GUY L MORSE LOT , 53 85-33 LO 31911264 101J61 11.090 1 S.F. 0 031 102. 00' L6 10. 025's'- AC. L,�92_47'1. L' 256. 92 S 64*55'/Ow 10. 'A-1 . 39 151 10. c� 2 2) 4 44 f ANE 5 45 "30.0q, Lj V) PUBL c L-1146-91Sy- 3 W10E - -------- 0) 16 Ln 60 THIS PLAN SUBJECT TO COVENMIT pHiNNEY, DATED AND '?A ATTACHED HERETO. NO LOT AS SHOWN ON THIS PLAN AND APPROVED IN ACCORDANCE WITH THE OPEN SPA CE RESI G) N DENTIAL DEVELOPMENT PROVISIONS .OF THE THIS PLAN HAS BEEN PREPARED IN CONFORMITY ZONING BYLAW OF THE TOWN OF BARNSTABLE SUBDI 0DED. 1, FRAAICIS LAHTEINE, CLERK OF THE TOWN OF WITH THE RULES AND REGULATIONS ' OF THE REGISTERS SHALL BE FURTHER., BARNSTABLE, HEREBY CERTIFY THAT THE NOTICE SUBDI VISION AIA ME OF DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS. OF APPROVAL OF THIS PLAN BY THE PLANNING LAKE ISL E WOOD,5 BOARD HAS BEEN RECEIVED AND RECORDED, AT THIS DEFIN/TAIE SUBDAIISION PLAN OFFICE AND NO NOTICE OF APPEAL WAS, RECEIVED D SVRVEYOR DATE PROFESSIONAL I AN OF THE TWENTY DAYS NEXT AFTER SUqH,. DURING RECEIPT AND RECORDING OF SAID NOTICE. LOTS 1 & 2 AS SHOWN ON L.C.C. 36669 A AND UNREGISTERED LAND DATE TOWN CLERK IN BARNSTABLE, MASS. (HYANIVIS) AREA SUM MARY PREPARED FOR : KEVIN WISE LOTS 617,687 S.F. 14.IS 47.5 FEBRUARY /J. 1957 SCALE 1` 60' 29��I, ROADS 1530,7092-t- S.F. 3.53 8 X 0 15 30 60 /6) FEET 5 10 20 40 METERS OPEN SPAC'E' 5P-,9,470 S.F. CAPE COD SURVEY CONSULTANTS 40.7 X 3261 MAIN ST-IROUTE 6A BARNSTABLE VILLAGGE, MA 02630 TOTAL 1.300,866 S.F. A DIVISION OF THE BSC GROUP —lJfB NO.- 3J427.05 14. ET: 0 F �2 CH[CK: C.F4. PTH.1Tff. FktD: N.B. W_7