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605 Popponesset Rd.
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TOWN OF BARNSTABLE
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mWQ °� OFFICE OF
BARa9TABL : BOARD OF HEALTH
MAIL
039. ��' 367 MAIN STREET
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HYANNIS,MASS.02601
August 9, 1993
Bettina Sonderegger
605 Popponesset Road
Cotuit, MA 02635
Dear Ms. Sonderegger:
You are granted a variance to continue to utilize your existing
onsite sewage disposal system at 605 Popponesset Road, with the
following conditions:
( 1) The cesspool shall be replaced with a septic tank
which meets Title V, the State Environmental Code
within five (5) years or immediately upon the sale of
the premises, immediately upon the transfer of the
premises to an individual or entity other than the
petitioner, or immediately upon the permanent vacation
of the petitioner, whichever occurs first.
(2) The attached Variance Decision shall be recorded
at the Barnstable County Registry . of Deeds within
thirty (30) days.
Sincerely yours,
oseph C. Snow, M.D.
Board of Health
Town of Barnstable
JCS/bcs
TOWN OF BARNSTABLE
y F?HE TOE
OFFICE OF
BOARD OF HEALTH
Mb 9• �� 367 MAIN STREET
HYANNIS,MASS.02601
August 9, 1993
BOARD OF HEALTH VARIANCE DECISION
On or about August 3, 1993, the Petitioner, Bettina
Sonderegger applied for a building permit to construct a
handicapped bathroom at her premises located at 605 Popponesset
Road, Cotuit, Massachusetts, listed as Parcel 26, Assessor's Map
6. The Department of Environmental Protection and the Town of
Barnstable Board of Health requires all septic systems to meet
Title V, the State Environmental Code at the time of application
for a building permit. Due to her limited income, the Petitioner
has applied for a variance to waive the requirement that her
cesspool be replaced with a septic tank which meets Title V, the
State Environmental Code. Based upon the application for a
variance and other information submitted, the Board of Health
finds as follows:
1. The Petitioner stated that the on-site sewage disposal
system located on the subject premises is currently
functioning properly.
2 . The petitioner is currently experiencing financial hardship.
3. If the Petitioner is required to incur the costs attendant
to replace her cesspool with a septic tank, she will be
forced to forego basic necessities causing her severe
hardship.
4 . Based on the representations by the Petitioner that her on-
site sewage 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 cesspool be replaced with a septic
tank, until such time as said premises are sold, transferred
to an individual or entity other than the Petitioner or the
Petitioner permanently vacates the premises.
WHEREFORE, the Board of Health, grants the Petitioner a variance,
waiving the requirement for the aforementioned Petitioner that
the subject cesspool located at 605 Popponesset Road, Cotuit, MA
be replaced with a septic tank, subject to the following
conditions:
l. . This variance shall expire within five (5) years from the
date of issuance.
2. Immediately upon sale of the premises, the transfer of the
premises to an individual or entity other than the
Petitioner or the permanent vacation of the premises by the
Petitioner, this variance shall be rendered null and void
and the order that the cesspool be replaced with a Title V
septic tank which meets Title V, the State Environmental
Code 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 sewage disposal system is
malfunctioning.
4. The Petitioner shall record this variance at the Barnstable
Registry of Deeds within thirty (30) days from the date of
issuance of said variance and shall provide the Board of
Health a copy of the recorded variance.
BARNSTABLE BOARD OF HEALTH
Joseph C. Snow, M.D.
Member
Barnstable, SSG:
On this 10th 'day of August, 1993 personally appeared the
above-named Joseph C. Snow, M.D. , of the Town of Barnstable Board
of Health, and acknowledged the foregoing instrument to be his
free act and deed.
NoGiVlrurli
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