HomeMy WebLinkAbout1466 SANTUIT-NEWTOWN ROAD - Health (2) 1466 Newtown Road
Cotuit —� -�
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IN Er Tod♦ TOWN OF BARNSTABLE
OFFICE OF
BOARD OF HEALTH
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00,e,1639' \em 367 MAIN STREET
'£0 MAY k'
HYANNIS, MASS.02601
February 14, 1991
.Lorraine White
1466 Newtown Road
Cotuit, MA 02635
Dear Ms. White:
You are granted permission to install a replacement onsite sewage disposal system at
1466 Newtown Road, Cotuit, with the following conditions:
(1) No more than three (3) bedrooms are authorized.
(2) The "den" cannot be utilized for sleeping purposes.
(3) The wall between the den and the dining area must be removed in the event you sell,
lease, or vacate this property.
"" •�f 4) The septic system must be upgraded to meet Title V the State Environmental Code
'�"`�---- and local Board of Health Regulations prior to approval of an occupancy permit for
the proposed apartment.
(5) Within sixty (60) days from the date authorized family members vacate the family
apartment, the owner or his or her agent shall remove any kitchen facilities in such
unit and notify the Building Commissioner to inspect the premises.
The variance is not transferable and will be void upon sale of this property.
Very truly ou s,
/ L
Ann Jan Eshbaugh
Chairman
BAORD OF HEALTH
TOWN OF BARNSTABLE
AJE/bcs
t The family apartment is occupied by members of the '
I property owner ' s family only .
:: !!
. •�. h ) The occupancy of the family apartment does not exceed j
two (2) family members at any one - time.
i ) The family apartment is the primary year-round
,' . residence of the family member (s ) residing therein.
j ) The family apartment will not be sublet or subleased by
either the owner or family member (s ) at any time.
k) Scaled plans of any proposed remodeling or addition to
accommodate the family apartment have been submitted by
the property owner or his or her agent to the Building
Commissioner and the Zoning Board of Appeals .
1 ) Prior to occupancy of the family apartment , affidavits
reciting the names and family relationship among the
:; parties seeking approval have been signed and shall be
signed annually thereafter for the duration of such
occupancy .
m) Prior to occupancy of the family apartment , an
$: occupancy permit shall be obtained from the Building
n Commissioner .
n) No such occupancy permit shall be issued until the
B u i l d i n g C o mmj-s s-i-o-n-e-r—h a-s—m-a-d e—a—f-i-n a-I—i-r�s p-e t i on of
' — h•e proposed family apartment .
the date authorized family
a o ) Within sixty (60 ) days from Y
members vacate the family apartment , the owner or his
1 or her agent shall remove any kitchen facilities in
such unit and notify the Building Commissioner to
inspect the premises .
. p) In addition to the provisions of Section 3-1 . 1 (3 ) (D) (o )
above , upon vacation of any family apartment , the
premises shall be restored as nearly as possible to
their state prior to the creation of such family
apartment .
q) The Building Commissioner shall have the right to
further inspect the premises upon which a family.
apartment has been vacated at least three (3) times per
year for three (3 ) years consecutive from the time of
such vacation .
E) Windmills and other devices for the conversion of wind
energy to electrical or mechanical energy , but only as an
accessory use.
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TOWN OF BARNSTABLE Received by
�FTNE T�
OFFICE OF
Date
Hisa9TSHL i BOARD OF HEALTH
1639. \e 367 MAIN STREET
HYANNIS,MASS.02601
VARIANCE REQUEST FORM
All variance requests must be submitted fifteen (15) days prior
to the scheduled Board of Health Meeting. Z�
NAME OF APPLICANT
ADDRESS OF APPLICANT
NAME OF OWNER OF PROPERTY
SUBDIVISION NAME DATE APPROVED
ASSESSORS MAP & PARCEL NUMBER.2 LOT: SIZE
LOCATION OF .REQUEST
VARIANCE FROM REGULATION (.List Regulation)
REASON FOR VARIANCE (May attach letter if more space is needed)
16U COPIES OF PLAN MUST BE SUBMITTED CLEARLY OUTLINING
e PLAN
VARIANCE REQUEST. .
VARIANCE APPROVED
NOT APPROVED
REASON FOR DISAPROVAL
Ann Jane Eshbaugh, Chairman
Susan G. Rask
Joseph C. Snow, M.D.
Zc, BOARD OF HEALTH
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Date:
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Board of Health and RE: (title 5 of the State Environmental
other Interested Par OCT 1 8 1982 . Code - Clarification of Terms,
• "Bedroom" and "Reserve Area"
Barnstable County Health ostj.!
The Department ot EavirolmmTra"uality Engineering has. received '
numerous requests for clarification of1Title '5 .of :The.,State Environmental
1 Code.•in connection with what constitutes a "bedroom"..1for sewage 'flow _ i .'
determination and whether a "reserve area", as required by Regulations
11.8, , 12.80 , 13.89 14.8, and 15.6, ,must be; built., originally or just
.how much detail concerning the reserve area must- be provided for th- orig-
inal construction.
Since Title 5 was adopted by . this Department such clarification and
_ interpretation as is necessary can and will be provided by the Department
and I hereby provide the followings
"Bedroom" .
Bedroom means any portion of a dwelling which is so designed as to .
furnish the minimum isolation necessary.' for use as a sleeping area aed
,•incl'udes, but is not limited to, bedroom, en, study, sewing .room, sleeping
loft, or .enclosed porch, but does not: include kitchen, bathroom, dining room,
halls or unfinished cellar.
In connection with the Preserve area" required by the above noted rPg-
ulations, it was the intention of the Department . that a percolation test re-
quired by. Regulation 3.4 and deep observation hoes required by Regulation 3.3
be performed in the "reserve 'area" to determine its suitability for sewage
disposal and to determine the area necessary to 'be equal to the original
.leaching system capacity. Further, the area should be suitable 'for the in- '
tended purpose by reason of- topograptiy.aud distance from constraints such
as wetlands, wells, etc. It was not the intention of the Department that: '
i
RE: Title 5 of The State Environmental
Code - Clarification of Terms,
"Bedroom" and "'Reserve Area"
-2-
the "reserve area" be constructed at the same time as the original area
or that detailed plans must be prepared at the time•of original submission
for approval.
If you have, any questions on these, matters, please contact your
Regional Environmental Engineer.
Very truly yours,
Anthony Cortese, Sc.D.
Commissioner
J
'Fecame effective February 21, 1985, after being published in the Barnstable Patriot
r. Revised , Apri1,17, 1985
s
PyoFTNEto�` TOWN OF BARNSTABLE
OFFICE OF
i BABd9TOBLE,AS& BOARD OF HEALTH
'M
367 MAIN STREET
HYANNIS, MASS. 02601
LEGAL NOTICE
INTERIM REGULATION FOR THE PROTECTION OF THE GROUNDWATER QUALITY
WITHIN ZONES OF CONTRIBUTION TO PUBLIC SUPPLY WELLS
The Board of Health, Town of Barnstable, Massachusetts, in accordance with and under the authority
granted by Section 31, of Chapter 111, of the General Laws of the Commonwealth of Massachusetts,
hereby adopted the following rules and regulations after a public hearing at a meeting of the Board
held on February 19, 1985. Revised at a Board of Health meeting April 17, 1985:
PURPOSE
The initial findings of a townwide hydrogeologic investigation indicate that a substantial portion of
the Town's water supply may be in jeopardy from the long term build-up of nitrate-nitrogen, primarily
from the subsurface discharge of sewage effluent. It has been proven that nitrate contamination
in drinking water can be a serious public health problem. Based on these findings, three of the nine
zones of contribution to public supply wells are considered to be "at risk" zones requiring immediate
measures to mitigate the adverse impact to the groundwater from such discharges. These regulations
are temporary and will be in effect only until the Town adopts a ground water and water resource
protection program.
RESTRICTIONS
No permit for the construction of an individual sewage disposal system shall be granted within the
zones of contribution to public supply wells identified as zones 1,2, and 3 on a map entitled, "Town
of Barnstable, Public Supply Wells Zones of Contribution, dated February 19, 1985, and prepared
by SEA Consultants, Inc., Boston, Ma., which map is on file with the Board of Health, unless the
following standards are met:
A. The maximum allowable discharge of sanitary sewage based on the sewage flow estimates listed
in Regulation 15.02 (13) of 310 CMR 15.00, Title 5, of the State Environmental Code, shall not
exceed 330 gallons per acre per day; however, a permit may be issued if the applicant
demonstrates that the total concentration of nitrate-nitrogen in the groundwater resulting from
the proposed use will not exceed 5 mg./I. This determination shall consider the total predicted
concentration of nitrate-nitrogen at the down gradient property line of the lot upon which the
proposed use is to be located.
B. Nothing in this regulation shall prohibit the approval by the Board of Health of any application
involving the maintenance, repair or alteration of an existing individual sewage disposal system,
providing that said application does not involve a change of use as defined by existing Board
of Health regulations. Where a change of use is involved, the applicant must demonstrate
compliance with this regulation.
Variance to this regulation may be granted by the Board of Health only if the applicant can
demonstrate that:
1. Connection to Town sewer is not available; and
2. That enforcement thereof would do manifest injustice; however, the applicant must prove that
the installation of on-site sewage disposal systems will not have a significant adverse effect
on surface or sub-surface public or private water resources.
INTF,*RIM REGULATION (continued) Page 2
In granting variances, the Board shall take into consideration the direction of the ground water flow,
population density, soil conditions, depth to ground water, size, shape and slope of the lot, existing
and known future water supplies and other information deemed pertinent.
This lation is to take fect on the date of publication of this notice.
Ro ert L. C ildss h 'rman
u
Ann Jane Eshbaugh
Grover C.M. Parrish, M. D.
BOARD OF HEALTH
TOWN OF BARNSTABLE
APPROMW AS M PQft
Town Counsel
✓ 78
Adopted Nov. 2, 1985--D-3.
Approved Dec. 6, 1985.
ARTICLE XLVII. REGULATION OF WASTEWATER DISCHARGE
SECTION 1 INTRODUCTION
1-1 Findings
The health, safety and welfare of the residents of the Town of
Barnstable and its neighboring towns are dependent upon an adequate
supply of pure groundwater. The Town's entire drinking water supply
is derived from groundwater, and the United States Environmental
Protection Agency has designated all of Cape Cod as a "sole source
aquifer" requiring special care and protection. The groundwater
system is internally connected with surface waters, lakes, streams and
coastal estuaries, which constitute important recreational and
economic resources of the Town. Contamination of the aquifer and
related surface water resources pose a serious threat to the health,
safety and financial well-being of the Town.
1-2 Purpose
The purpose of this article is to protect the public health, safety
and welfare by maintaining quality groundwater through the regulation
of the volume of certain wastewater discharges.
SECTION 2 GENERAL PROVISIONS
• 2-1 Prohibition
No person, company, corporation, entity, trust or firm shall install a
new individual on-site- sewage disposal system which will produce more
than three hundred and thirty (330) gallons per day of wastewater
discharge unless in compliance with the standards established by
Section 3 herein.
2-2 Certification of Compliance/When Required
A certificate of compliance with this article shall be received from
the Board of Health or its designed prior to the commencement of any
activity regulated by Section 2-1 herein.
SECTION 3 STANDARDS
3-1 Maximum Allowable Wastewater Discharge
Within zones of contribution to existing and proposed public supply
wells, as determined by SEA Consultants, Inc. , Boston, MA. , in their
report entitled "Ground Water and Water Resource Protection Plan,
Barnstable, Massachusetts, " dated September, 1985, as revised by the
SEA Consultants Inc. Report, dated September, 1989, entitled "Update
of Townwide Zones of Contribution of Public Supply Wells Barnstable,
Massachusetts, " both of which are on file with the Town Clerk, the
maximum allowable wastewater discharge from new individual on-site
79
e sewage disposal systems shall not exceed three hundred thirty (330)
gallons per acre per day.
3-2 Additional Limitation/Certain Areas
In addition to the standards of Section 3-1 herein, within two
thousand (2,000) feet of existing and proposed public supply wells, as
determined by SEA Consultants, Inc. , Boston, MA. , in their report
entitled "Ground Water and Water Resource Protection Plan, Barnstable,
Massachusetts. " dated September, 1985, which is on file with the Town
Clerk, the maximum allowable wastewater discharge from a new
individual on-site sewage disposal system shall not exceed two
thousand (2000) gallons per day, unless downgradient from said
existing and proposed public supply wells.
3-3 Flow Rate Determinations
To determine compliance with Sections 3-1 and 3-2 herein, wastewater
flow rates shall be determined according to Title V of the State
Environmental; Code, subject to the interpretation of the Board of
Health.
3-4 New System Defined
For the purposes of this article, the phrase "install a new
individual on-site sewage disposal system" shall not include the
maintenance, repair and alteration of an existing individual on-site
sewage disposal system. However in no case shall the discharge of
wastewater increase beyond that present prior to such maintenance,
repair and alteration.
3-5 Any new system not in violation of the standards contained within
Section 3 shall be deemed to be in compliance with section 3.
SECTION 4 ADMINISTRATION
This article shall be administered by the Board of Health or its
designee by verifying compliance with the provisions established
herein. Within ten (10) working days of receipt of a request for a
certificate of compliance, the Board of Health or its designee shall
notify the applicants thereof as to the approval or disapproval of the
request. Upon determination that all provisions of this article are
being met, a certificate of compliance shall be issued. However, in
instances where an upgrading of an existing individual on-site sewage
disposal system is proposed, the Board of Health may require from an
applicant evidence that the proposed upgrading will not adversely
affect the groundwater quality.
SECTION 5 ENFORCEMENT
The provisions of this article shall be enforced by the Board of
Health or its designee, which may, according to law, enter upon any
premises at any reasonable .time to inspect for compliance.
SECTION 6 VIOLATIONS
80
Written notice of any violation of this article shall be given by the
Board of Health or its designee specifying the nature of the violation
and a time within which compliance must be achieved.
SECTION 7 PENALTIES
Penalty for failure to comply with any provision of this article shall
be three hundred dollars ($300.00) per day of violation.
SECTION 8. . SEVERABILITY If an
Each provision of this article shall be construed as separate. y
part of this article shall be held invalid for any reason, the
remainder shall continue in full: force and effect.
Adopted November 71 1987-Art.3.
Approved December 31 1987.
Revised November 4, 1989.
ARTICLE XLVIII. FIRE LANES
Under the authority of General Laws Chapter 40, Section 21, Clause 24,
the Town Manager may require and prescribe the establishment of fire
lanes whenever public safety and necessity so require, and may
prescribe the method by which it shall be done.
Any person or body, that has lawful control of a public or private way
or of improved or enclosed property used as off-street parking areas
for businesses, shopping malls, theaters, auditoriums, sporting or
recreational facilities, cultural centers, multiple family and
residential dwellings, . hospitals, nursing homes, or any other place
where the public has a right of access as invitees or licensees,
shall, when directed by the Town Manager, establish a fire lane.
Said fire lane shall be marked by yellow lines, at least four (4)
inches wide on a diagonal from the point of origin to the curb or
sidewalk. The fire lane shall not be less than eight (8) feet wide
from the curb, or in the case of a building with no curb or sidewalk
less than twelve (12) feet wide from the edge of said building. The
legend (Fire Lane) shall be included within the printed area.
Signs with the legend "No Parking - Fire Lane - Town Zone" shall be
erected no more than fifty (50) feet nor less than twenty-five (25)
feet apart along the length of the fire lane. Signs shall be at least
twelve (12) inches wide by sixteen (16) inches high, and shall be
securely mounted at least six (6) feet but not more than eight (8)
feet above grade.
ENFORCEMENT AND PENALTIES
Any vehicle or object obstructing or blocking any fire lane or private
way may be removed or towed at the direction of the Chief of Police or
such sergeants or other officers of high rank in the police department
as he may from time to designate. Liability may be imposed for the
BARNSTABLE TOWN COUNCIL
PROPOSED ORDINANCE AMENDMENT
ITZX NOS 91-37
INTROS 9/27/90
ORDINANCES That the Barnstable -Town Council amend
Article XLVII, Regulation of Wastewater
Discharge, by adopting the following
revisions;
I. Substitute in Section 2-1 "three hundred and
thirty (330.1 " gallons in place of two hundred
and twenty (220) .
II. Insert an additional section .to reads •
SECTION 3-5
Any new system not in violation of the
standards contained within Section 3 shall
be deemed to be in compliance with Section
3.
1. See enclosure for additional information
SPONSOR: Planning and Development Committee
DATE ACTION TAKEN
I
9