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0090 HEAD OF THE POND LANE - Health
90 Head'Of The Pond Lane Marstoris.Mills g���%I�� � � - �� �� � �� �� � d i 90 Head Of The Pond Lane Marstons Mills A_ = 030 126 . J i I i I I i I �i i I i i JJJn' o `J�R�cvctFo�o� IIII UPC 12943 INLoa.531.Y. posr•coNS°� HASTINGS, MN i � Town of B. rnstable P# Department of Regulatory Services �rerrares[i, ` Bate�� Public Health Division i6ig.. tee$ 200 Main Street.Hyannis MA 02601 ArED/M't� �• Date Scheduled i Time U Lfir'V Fee Pd. i i oil ,Sr�itab lity Assess�ne t for Sewage Disposal Performed B"- rA Y v t P/� Witnessed By:_f v I� w r^r�l�h ; LOCATION& GENERAL INFORMATION Location Address U He" OF 'rNf- 40r.l)g L1 Owner's Name C,Pt PIZZ 4o�F-rrn� Avg- �� " /I M 1 L�S I Address ��QVyLr1�{+ow Assessor's Map/P4rcel: 0 30//`3L I Engineer's Name Meye/j J&\S NEW CONSIRU�'I;ON REIP�A,[!t !� Telep`hon/e# 5 4 Land Use �rS�� �' `/ Slopes(30) l✓ " lf) L Surface Stones/ye, Distances from: Open Water Body�'� ft Possible Wet Area>, ft Drinking Water Well ft i brainage Way �lcJ�% ft Property Lane Y-d ft Other ft i SKETCH:(Street name,dimensions of lot,exact locations of test holes&perc tests,locate wetlands in proximity to holes) See- .Po fast—v i i i i Parent material(geologic) s Depth to Bedrock Depth to Groundwater. Standing Water in Hole:' �_ Weeping from Pit FAoe �✓ Estimated Seasonal High Groundwater DI1'E TION FOR SEASONAL HIGH WATER TALE Method Used: in, Depth ro Sall mottles: In. Depth CIb�Served standing.,'n obs.hole: i in. Groundwater Adjustrnent ft. Depthtoiweeping from side of obs.hole: , _ Adj.faetOr—� Adj,Oroundwater Level Index Well# _ Reading Date Index Well levdl - i PERCOLATION TEST . Date Time Observation Time at 9" Hole# Depth of Pere Time at 6" .-. Time;(9"4") _�------ - Start Pre-soak Time.@ 1 n 1 End Pre-soak � Rate MinJInch / Additional Testing Needed(YIN) Site Suitability Assessment: Site Passed _- Site Failed; 11/ Original:.Public ll alth Division. Observation Hole Data To Be Completed on Back - ***If pereolafiibn test is to be condticted within 100' of wetland,you must first notify the Barnst able C44servatiou Division at least one(1) wedk prior to beginning. DEEP OBSERVATION HOLE LOG Hole# Other Depth from Soil Horizon Soil Texture Soil Color Soil Surface(in.) (USDA) (Munsell) Mottling (Structure,Stones,Boulders. Consistenc %Gravel ►, �o ; l� 2 ''-"72'' C, tom' � DEEP OBSERVATION HOLE LOG Hole# Depth from Soil Horizon Soil Texture Soil Color Soil Other Surface(in.) (USDA) (Munsell) Mottling (Structure,Stones,Boulders. Consistency.%Gra el Ak l QC,/ a, . DEEP OBSERVATION HOLE LOG Hole# Depth from Soil Horizon Soil Texture Soil Color Soil Other Surface(in.) (USDA) (Munsell) Mottling (Structure,Stones,Boulders. Consistenc %Gravel DEEP OBSERVATION HOLE LOG Hole# — Depth from Soil Horizon Soil Texture Soil Color Soil Other Surface(in.) (USDA) (Munsell) Mottling (Structure,Stones,Boulders. Consisten ra I Flood Insurance Rate Man: Above 500 year flood boundary No— Yes Within 500 year boundary No-it/ Yes Within 100 year flood boundary No Yes Depth of Naturally Occurring Pervious Material Does at least four feet of naturally occurring p r ious material exist in all areas observed throughout the area proposed for the soil absorption system? Q If not,what is the depth of naturally occurring ervious material? Certification I certify that on ,o (date)I have passed the soil evaluator examination approved by the Department of Envir nmental Protection and that the above analysis was performed by me consistent with the required a 'ng,expertise nd experience described in 3,10 CMR 15.017. Signature - Date 6 � Q:\SEMCVERCFORM.DOC , � � ar ,�,� ��d' �: 1� �3� ���n,� AA TOWN OF BARNSTABLE ATI LO"CON `��►(.� SEWAGE# � VILLAGIndMtpL'+ ASSESSOR'S MAP&PARCEL 0 30 —12C INSTALLER'S NAME&PHONE NO. TWO O e— a SEPTIC TANK CAPACITY LEACHING FACILITY.(type) Vn `4-2D (size) � �; NO.OF EDROOMS .� t OWNER 1eAnn2.C,r `4 ` �' ,® PERMIT.DATE: 41- COMPLIANCE DATE: SeparatioD s�tan a Between the: .�'. Maximum(Adjbkt d Groundwater Table to the Bottom of Leaching Facility Feet r Private Wdter S pply Well and Leaching Facility(If any wells exist on , site or within7200 feet of leaching facility) Feet Edge of Wetland and Leaching Facility(If any wetlands exist within 300 feet of leaching facility) Feet FURNISHED BY Ll l � ja z.2-t --3-t,* a 0 t*-4 �6/S— Lf cf l do ®o No. Fee� THE COMMONWEALTH OF MASSACHUSETTS Entered in computer: Yes r PUBLIC HEALTH DIVISION - TOWN OF BARNSTABLE, MASSACHUSETTS 0(ppYication for ]Disposal *pstem Construction Permit Application for a Permit to Construct(P<'Repair( ) Upgrade( ) Abandon( ) ❑Complete System ndividual Components Location Address or Lot No. 9aOwner's Name,Address,and Tel.No. t���� � r`��p Assessor' M 1 �b 1 6T ' '`L s Map/Parcel C��j(jtl! Installers Name,Address,and Tel.No. Designer's Name,Address,and Tel.No. ]] �y7ct ��D(G7� PaS 7-7 Type of Building: a Dwelling No.of Bedrooms Lot Size sq.ft. Garbage Grinder( ) Other Type of Building No.of Persons Showers( ) Cafeteria( ) Other Fixtures Design Flow(min.required) gpd Design flow provided gpd Plan Date Number of sheets Revision Date Title Size of Septic Tank ` Uo �yX,'1b Type of S.A.S. Description of Soil Nature of Repairs or Alterations(Answer when applicable) 1O)n ` L Date last inspected: Agreement: The undersigned agrees to ensure the construction and maintenance of the afore described on-site sewage disposal system in accordance with the provisions of Title 5 of the Environmental Code and not to place the system in operation until a Certificate of Compliance has been issued by this Board of He th. Date Application Approved by Date j Application Disapproved by Date for the following reasons Permit No. ��""��A� n Date Issued A. r"" .. ..«,...f ...e . �.)t � ...rF.. n`n5 •• .. I. ( t/'•YY t ` ... '' �1 r r N" .. . � No. `'� a -� fy / CJ r { Fee 1♦ �Q 00 Entered in comp utei:, THE COMMONWEALTH OF MASSACHUSETTS p Yye r - C r PUBLIC HEALTH.DIVISION - TOWN OF BARNSTABLE, MASSACHUSETTS 0[pp[ication for MispoBal 6pstem Construction Permit Application for a Permit to Construct(V?' Repair( ) Upgrade( ) Abandon( ) ❑Complete System ndividuaI Components Location Address or Lot No.90 fl P Owner's Name,Address,and Tel.No. Assessor's Map/Parcel 0- , ` /:; � 12-1 Fl 5 �f� Designer's .� . Installer's Name,Address,and Tel.No. �� Name,Address,and Tel.No. 7-7 Type of Building: �a ". Dwelling No.of Bedrooms Lot Size sq.ft. Garbage Grinder Other Type of Building No.of Persons Showers( Cafeteria( ) Other Fixtures ,tv Design Flow(min.required) j gpd Design flow provided,1VI gpd 1 - Plan Date Number of sheets Revision'Date ' Title w Size of Septic Tanker UU Pk, i •y Type of S.A.S. - r Description of Soil Nature of Repairs or Alterations(Answer when applicable) �Flt �[�C� _ Oil L-k4-+ \ 2-- A Date last inspected: _ ' m Agreement: The undersigned agrees to ensure the construction and maintenance of the afore described on-site sewage disposal system in accordance with the provisions of Title 5 of the Environmental Code and not to place the system in operation until a Certificate of Compliance has been issued by this Board of HeAth. CD S' 'ie Date Application Approved by Date Application Disapproved by Date for the following reasons ` .k Permit No. r 7�! """" (p� Date Issued ---- -- ------- ---------=----- - - _ m i THE COMMONWEALTH OF MASSACHUSETTS ' . BARNSTABLE, MASSACHUSETTS r Certificate of Compliance THIS IS TO CERTIFY,that the On-site Sewage Disposal system Constructed(V) Repaired( ) Upgraded( ) Abandoned( )by �( C LA p� I 1!c at b geRD a t�g. Pd Ab Jr M44 5 L'()j has been constructed in accordance with the provisions of Title 5 and the for Disposal System Construction Permit Nor L4 dated „„s f /j 5 J „i pltJ T Installer lq!cA a k.L,r.4P__ Designer c: rR u - #bedrooms Approved design o. r� /� and � r r . . The issuance of this pe mit All not be construed as a guarantee that the system will ction as designed. , Date 1 t Inspector 4 `w -- No. �k -- -----Fee---- 1 THE COMMONWEALTH OF'MASSACHUSETTS PUBLIC HEALTH DIVISION BARNSTABLE,MASSACHUSETTS Disposal 6.pBte Construction Vermit��-�"* Permission is hereby granted to Construct(�,A Repair( ): Upgrade( �)�� Abandon(r f , �.i System located at f O /� 4 PC U i� �' "jl••�,� U�,-(�1',s,`'K A4�l�� y fwM N Lp and as described in the above Application for Dis osaPSystem Cons_tructionl PermiVThe,applicant recognized his/her duty to comply with l�r i/ l Title 5 and the following local provisions or special conditions. "� Provided:Construction mu t be copipleted within three years of the date of this per e it. 1 - l51 Date '� Approved by ti DEC/18/20134R I 08:53 Alit FAX No. P. 001 Town of Barnstable Regulatory Services Richard'V. Soli,Interim Director • aeaivsreei,� XAM Public Health Division s639 Thomas McKean,Director 200 Main Street,Hyannis,MA 02601 Office: 508-862-4644 Fax: 508-790-6304 Installer&Designer Certification Form Date: Sewage Permit# sessar's N1aplParcel Designer: 14?. t,V. , 'm-9 Installer: P Address: �(� fe g gl Address: PUP'-)�}C, i 1 2 Z On I j i /l -i/�-�j was issued a permit to install a (date) (installer) ff . septic system at q0 &o Dp rft'� �tJ1� d o l�based on a design drawn by J I (address) N41V1-A Yd J G dated (desigxterN rigm I certify that the aseptic system referenced above was installed substantially according to the design, which may include minor approved changes such as lateral felocation of the distribution box and/or septic tank. Strip out (if required) was inspected and the soils . were found satisfactory. I certify that the septic system referenced above was installed with major changes (i.e. greater than 10' lateral relocation of the SAS or any vertical relocation of any component of the septic system)but in accordance with State&Local Regulations. plan revision or certified as-built by designer to follow_ Strip out(if required) was inspected and the sails were found satisfactory. I certify that the system referenced above was construct e with the terms of the RA approval letters(if applicable) WPM Installer's S ature) 19 esigner's Signature) (Affix Designe d6p Here) PRASE RETURN TO B STABLE PUBLIC HEALTH DIVISION. CERTIFICATE OF COMPLIANCE WILL NOT DE ISSUED UNTIL BOTH THIS FORM AND AS- BUII.,T CARD ARE RECEIVED BY THE HARNSTABLE PUBLIC HEALTH DIVISION. THANK YOU. Q:ISeptic\Designer Ceramcation Form Rev 8-14-13.doc Town of Barnstable Health Inspector Office Hours , ti Regulatory Services P o� g y 8:30-9:30 - Thomas F. Geiler,Director 1:00-2:00 RAMSTABIA 61 , Public Health Division I Thomas McKean,.Director. 200 Main-Street,Hyannis,MA 02601 Office: 508-862-4644 Fax: 508-790-6304 AMNESTY PROGRAM APPLICANT- SEPTIC QUESTIONNAIlZE 1. General.Information: Size of Property: tl(/lG — Address:—90 ?� Ma d3O p Parcel_Mk Name: /ZZ/ Phone#: .2a. How many bedrooms exist at your property now? 3 2b. Are you planning to add any bedrooms? Alb If yes, how many? 2c. How many bedrooms total are proposed at this property(including the amnesty unit)? 2d. Please include a copy of the floor plans for the entire property-showing the existing rooms in the home plus the proposed amnesty apartment and/or addition. Please label each room clearly on the plans. 3. Is the dwelling connected to public sewer? YES or NO O ` �If the d;welling is connected>to public Esewer,.slclp:questions#4 through#9:below 4. Location of dwelling is INSIDE or OUTSIDE a Zone of Contribution to public supply wells? 5. Is the dwelling connected o ONSITE WELL or to BLIC WATER? 6. Is a disposal works construction permit.on file? YES or NO 6a. If yes,how many bedrooms were approved according to this permit? Bedrooms. 7: Were any building permits obtained for construction of additional bedrooms? YES or NO 8. Is there an engineered septic system plan on file at the Health Division? YES or NO 9. Has the septic system been inspected by a DEP certified inspector within the last two years? YES or NO ------------------------------------- -------------------------= FOR OFFICE USE ONLY .The Public Health Division has no objection to 3 bedrooms'at this property. Special Conditions: �( Ged rO D m J 0eesr�„ � Signed: M Date: / ZoyS .,s, O;/health/wpfzles/amnestyapp V 90 SAD Ii Ti1F T��N� CAN6, M. MIkS - A KSyr 2 r � 6 IAAxS`7bNt M IK I f�toNp F�o� I ` Ar EK- qa -: SWTAccEs t McKean, Thomas From: McKean, Thomas Sent: Tuesday, December 21, 2004 5:16 PM To: Dillen, Elizabeth Subject: New Amnesty Applications- Problems 1) 55 Seabrook Road-Charles Hetzel A complaint was received on October 19, 2004 when the tenant alleged that the tenants located in the basement are using hot plates, they are using cable and electricity which is paid for by the complainant, the landlord stored flammable materials near the furnace, the gage is broken on the oil tank, there were septic system "concerns," and there were extension cords hanging from various outlets. An inspection was conducted by Health Inspector Donna Miorandi on October 20, 2004 and numerous State health code violations were observed in the basement unit which have not been corrected. A violation letter was mailed to the owner/applicant on October 20, 2004 This application shall not be approved until after(a) all of the State health code violations are corrected, and (b)the septic system is inspected by a DEP certified septic inspector and the septic system "passes" inspection. 2) 141 Highland Avenue, Cotuit-Roland Tosti The septic leaching pit was in failure in 1998. It was replaced with a new soil absorption system on March 20, 1998,. The new system was designed for only three (3) bedrooms (with two 500 gallon chambers) as listed on the disposal works construction permit issued at that time. However, the applicant is requesting approval of four bedrooms. This application shall not be approved until after(a) the applicant either demonstrates that the existing system has adequate capacity for four bedrooms by having a professional engineer submit detailed calculations to this department or (b)the applicant submits engineered septic system plans designed for four bedrooms and upgrades the septic system. 0 Head of the Pond Road Marstons Mills-Tom C�a .izzi The application indicates4hat-onl_ thr� e�a (3) bedrooms are requested. However, the floor plan shows three bedrooms, plus a private"office", and a private"music room'-totafin@4jve-maaL&.co. i red as bedrooms. The office and music rooms are considered bedrooms by State Environmental Code, Title 5 definition. The septic system was installed in 1984 and was originally designed for only three bedrooms. It appears that there may be sufficient capacity in the 600 gallon leaching pit for a fourth bedroom according to the engineered plan; however a septic system inspection would be required if the applicant would like to increase to four bedrooms. A DEP certified inspector would have to be hired to complete an eleven page report and submit it to the Health Division. In any event, five bedrooms would not be allowed. The applicant shall be required to remove one or two of the private rooms. The applicant may provide five feet openings without doors to these rooms to accomplish this task. 1 9 Health Inspector Town of Barnstable p optwe r Office Hours ti Regulatory Services 8:30-9:30 * * Thomas F.Geiler,Director 1:00—2:00 * &MMSrnsi.e, MASS" 039. Public Health Division ♦� �''°1Fni�sA Thomas McKean,Director. 200 Main Street,Hyannis,MA 02601 Office: 508-862-4644 Fax: 508-790-6304 AMNESTY PROGRAM APPLICANT-SEPTIC QUESTIONNAIRE 1. General Information: Size of Property: Address: 90 ?—JW—t //(. Map 030 Parcel Name: Awf 'p Ley Phone 4R0 7z 7230 2a. How many bedrooms exist at your property now? 3 2b. Are you planning to add any bedrooms? Nb If yes, how many? 2c. How many bedrooms total are proposed at this property(including the amnesty unit)? 2d. Please include a copy of the floor plans for the entire property - showing the existing rooms in the home plus the proposed amnesty apartment and/or addition. Please label each room clearly on the plans. * 3. Is the dwelling connected to public sewer? YES or 0 If the dwelling is connect e r skip questions#4 through#9 below. 4. Location of dwelling is INSIDE r OUTSIDE a Zone of Contribution to public supply wells? 5. Is the dwelling connected to an ONSITE WELL or to PUBLIC WATER? 6. Is a disposal works construction permit on file? YES or NO 6a. If yes,how many bedrooms were approved according to this permit? Bedrooms. T Were any building permits obtained for construction of additional bedrooms? YES or NO 8. Is there an engineered septic system plan on file at the Health Division? YES or NO 9. Has the septic system been inspected by a DEP certified inspector within the last two years? YES or NO ----------------------------------------------- ------------------------------------------------------------------- FOR OFFICE USE ONLY (®.— 2 / The Public Health Division has no objection to bedrooms at this property. Special'Conditions: Signed: Date: Q;/heal th/wpfi les/am nestyap s �rnZ L O J 90 gag) Ii TN4 IROOOD 6ANL, M. Miut — Ass' Fca� — r � 42, 10 Nfko �i nF6 Awo t.ANt MAtS70Mt MIK! fEtowD F�OM� a tiv� sc o E�- qa Acc�s.�cv c if It�►�ncTMc�= wg�T SAARI CONSTRUCTION SYSTEMS 90 Pin Oak Way Falmouth, Ma. 02540 Office#508-274-1813 Fax#508-548-4445 To Whom It May Concern; Regarding the residence at ninety Head Of The Pond Road in Marstons Mills, Ma., it is my opinion that altering the openings to the office and music rooms on the second floor to a width of 5' is not possible without making these two rooms into one large room.To do this,major reconstruction would have to be done which would not lend itself to the architecture of the second floor of this house. Besides the fact that the dividing wall has a central vacuum system recepticle and electrical outlets within it. It is also a load bearing wall. The modifications would be costly and not beneficial to the use and design of the rooms. Thank you. Since ly s .�.» 2��\ ` _. ��.��� . :x : �, 2 2� . , « - - � - � � � % \< �=®, �\- � ® � �\ � - 2 e -¥ � �z � � \: �� � � _ ` ^� . | . \ . : , . : �; , «. - . �� a m -_. . v .� v . :» . y: . . , g, . . . ��y , ~ � � //\ � � ` � � ^ � '��� �� ' . a • . y : , a <: � � � 1 2/. ` !� ` /� ^ � / ! ! / ya.� � :,.m � y � : . . / \ �/. : � � / �46� © "f . : x . - . z f . _ % :k\� �\¥ƒ� � �7 � J < . �\� � - � � ,�� � ~��\ � \ � ��� � � �� � �� ���� � �\ . . : �z , �� >: a kra - 6h2 41, 6 c�vd�— -/ � � Y Q�oETME rti Town of Barnstable Office of Community and * STAB _ Economic Development 9� ,MASS. ��� 230 South Street,Hyannis,MA 02601 (508)862-4678. Fax(508) 862-4782 i Kevin J.Shea Director December 29, 2004 Mr. Tom Capizzi 90 Head of the Pond Road Marstons Mills, MA 02648 Re: Accessory Affordable Housing Application Dear Tom: Attached please find a copy of the response from Tom McKean, the Director of the Barnstable Health Division, regarding your septic questionnaire. As you will see, Mr. McKean has determined that the current septic system capacity is not sufficient for the number of bedrooms requested at 90 Head of the Pond Road. m You may either complete a septic inspection demonstrating the capacity for four bedrooms, or officially_ convert two bedrooms into shared, public spaces. For your convenience, I have enclosed a list of septic_inspectors that you may contact to complete the report. The estimated cost for such a report is $200 to $300. Thanks for your cooperation in completing the application process. Sincerely, Elizabeth Dillen if Special Projects Coordinator (50.8) 862-4683 Dillon, Elizabeth From: McKean, Thomas Sent: Tuesday, December 21, 2004 5:16 PM To: Dillen, Elizabeth Subject: New Amnesty Applications- Problems 1) 55 Seabrook Road -Charles Hetzel A complaint was received on October 19, 2004 when the tenant alleged that the tenants located in the basement are using hot plates,they are-using cable and electricity which is paid for by the complainant, the landlord stored flammable materials near the furnace, the gage is broken on the oil tank, there were septic system "concerns,"and there were extension cords hanging from various outlets. An inspection was conducted by Health Inspector.Donna Miorandi on October 20, 2004 and numerous State health code violations were observed in the basement unit which have not been corrected. A violation letter was mailed to the owner/applicant on October 20, 2004 This application shall not be approved until after(a)all of the State health code violations are corrected, and (b)the septic system is inspected by a DEP certified septic inspector and the septic system "passes" inspection. 2) 141 Highland Avenue, Cotuit-Roland Tosti The septic leaching pit was in failure in 1998. It was replaced with a new soil absorption system on March 20, 1998,. The new system was designed for only three(3)bedrooms (with.two 500 gallon chambers)as listed on the disposal works construction permit issued at that time. However,the applicant is requesting approval of four bedrooms. This application shall not be approved until after(a)the applicant either demonstrates that the existing system has- adequate capacity for four bedrooms by having a professional engineer submit detailed calculations to this department or (b)the applicant submits engineered septic system plans designed for four bedrooms and upgrades the septic system. 3) 90'Head of the Pond Road, Marstons Mills-Tom Capizzi The application indicates that only three (3) bedrooms are requested. However, the floor plan shows three bedrooms, plus a private`office", and a private"music room"totaling five rooms considered as bedrooms. The office and music rooms are considered bedrooms by State Environmental Code,Title 5 definition. The septic system was installed in 1984 and was originally designed for only three bedrooms. It appears that there may be sufficient capacity in the 600 gallon leaching pit for a fourth bedroom according to the engineered plan; however a septic system inspection would be required if the applicant would like to increase to four bedrooms. A DEP certified inspector would have to be hired to complete an eleven page report and submit it to the Health Division. In any event,five bedrooms:would not be allowed. The applicant shall be required to remove one or two of the private rooms. The applicant may provide five feet openings without doors to these rooms to accomplish this task. i 1 Bk 19776 P's 1 1B �2f'317 04-29-2005 & 022190 REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this g day of ,2005,by and between Thomas Capizzi of 90 Head of the Pond Road, Marston Mills,MA 02648 and its successors and assigns (hereinafter the "Owner"),and the TOWN OF BARNSTABLE (the"Municipality'),a political subdivision of the Commonwealth; WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law Chapter 40B and local regulations by the Zoning Board of Appeals to permit the creation of an accessory apartment in an owner occupied dwelling which will be rented to a Low or Moderate Income Person/ Family(hereinafter "Designated Affordable Unit");and NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: I. PROTECT SCOPE AND DESIGN: s A. The term of this Agreement and Covenant regulate the property located at 90 Head.of the Pond Road, Marstons Mills, MA 02648 as further described in deed recorded herewith as Barnstable County Registry of Deeds Book 13907,Page 183. B. The Project located at 90 Head of the Pond Road,Marston Mills,MA 02648 will consist of one accessory apartment unit which will be rented to an eligible low or moderate income individual or family(the "Designated Affordable Unit" or the"Unit"). C. The Owner agrees to construct the Project in accordance with the terms of comprehensive permit Appeal No. 2005.035 and any plans submitted therewith and all applicable state,federal and municipal laws and regulations. Said permit is recorded herewith as Barnstable County Registry of Deeds Book 117?6 Page D. The Owner agrees to occupy the principal dwelling unit located on the property as their year round residence in accordance with the terms of the comprehensive permit. II THE OWNER'S COVENANTS AND RESPONSIBILITIES A. THE OWNER HEREBY REPRESENTS,COVENANTS AND WARRANTS AS FOLLOWS: 1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and decent housing to persons earning at or below 80%of the area median income of Barnstable-Yarmouth Metropolitan Statistical Area (MSA) and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of 80% of the Area Median Income (AMI) of Barnstable-Yarmouth MSA and that rent(including utilities)shall not exceed an amount that is affordable to a household whose income is 80%of the median income of Barnstable- Yarmouth MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent level. 3. The Designated Affordable Unit will be retained as a permanent,year round rental dwelling unit with at least a one-year lease. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. 5. The execution and performance of this Agreement by the Owner will not violate or,as applicable,has .Bk 19776 Pg 119 #28317 not violated any provision of law,rule or regulation,or any order of any court or other agency or governmental body,and will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage, mortgage note,or other instrument to which the Owner is a patty or by which it or the Owner is bound,will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. The Owner,at the time of execution and delivery of this Agreement,has good,clear marketable title to the premises. 7. There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against or affecting it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Agreement) or would materially adversely affect its financial condition. B. COMPLIANCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. C, LIMITATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a household with a maximum income of 80%or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA) and that rent(including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable-Yarmouth MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent,as designated by the Town Manager,proof that the Designated Affordable Unit is rented,the tenant's income verification,a copy of the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the Monitoring Agent, as designated by the Town Manager,within thirty(30)days of the date that a tenant has vacated the Designated Affordable Unit. IV MUNICIPALITY COVENANTS AND RESPONSIBILITIES 1. The MUNICIPALITY,through the monitoring agent designated by the Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household with a maximum income of 80% or less of the Area Median Income(AMI) of Barnstable-Yarmouth MSA and that rent(including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Banistable-Yarmouth MSA.In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. V. RECORDING OF AGREEMENT Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in pan of registered land,file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court (collectively hereinafter the"Registry of Deeds"),and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling,as applicable,the Owner shall immediatelytransmit to the r 2 Bk 19776 Pg 120 #28317 Municipality evidence of such recording or filing including the date and instrument,book and page or registration number of the Agreement. VI GOVERNING OF AGREEMENT: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VIII. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a party may from time to time designate bywritten notice. IX. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents,servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and attorney's fees necessitated by such actions. X. ENTIRE UNDERSTANDING• A. This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing,executed by the parties,and appended to this document. B. This Agreement and all of the covenants,agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be, and by these presents are,granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. 184,Section 26 which shall run with the land described in deed recorded herewith as Barnstable County Registry of Deeds Book 13907, Page 183 and shall be binding upon the Owner and all successors in title . This Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest. The Municipality shall not be subject to the defense of lack of privity of estate. The covenants and restrictions contained in'this Agreement shall be deemed to affect the title to the property described in deed recorded herewith as Barnstable County Registry of Deeds Book 13907,Page 183. XI TERM OF AGREEMENT,• The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and restrictions imposed herein. Such cancellation shall only take effect after: 1) expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2)notification by the Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land Court as the case may be,thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit,the property which is the subject matter of this restrictive covenant shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. 3 Bk 19776 Pg 121 #28317 MI SUCCESSORS AND ASSIGNS: Al The Parties to this Agreement intend,declare,and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends,declares,and covenants on behalf of itself and its successors and assigns @ that this Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants running with the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's successors in title,(ii) are not merely personal covenants of the Owner,and(iu) shall bind the Owner,its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. )(III. DEFAULT: If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30) days after notice to the Owner thereof,then the Monitoring Agent may send notification to the Municipality that the Owner is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses,including legal fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have alien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such alien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. XIV MORTGAGEECONSENT: The Owner represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed consent to this Agreement. yy�� IN WITNESS WHEREOF,we hereunto set our hands and seals this�day of 200,,,5' OWNER BY: Signature Printed: Thomas Capizzi_ COMMONWEALTH OF MASSACEiUSEM County of Barnstable,ss: _,Pn this divof , ( 206<before me,the undersigned notary public,personally appeared the Owner(s) ,proved to me through satisfactory evidence of identification,which were ,to be the person(s)whose names)is signed on the preceding or attached document and acknowledged to be that he/she signed it voluntarily for the stated purposes. 1. Printed My Commission Expires: 1 ,A W. ELlZA9ETH ANN DILLEN ,;,;. Notary Public c e� Commonwealth of Massachusetts My Commission Expires ; ,," .UT '�`�� October 27,2011 Bk 19776 Pg 122 #28317 TOWN STABLE BY: Signature Printed:TOWN MANAGER COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: On,this;q U'.dayof O+4 2005before me,the undersigned notarypublic,personally appeared the Town Manager for the Town of Barnstable,proved to me through satisfactory evidence of identification,which were p-e.r5CfYl ,-k k/Ldw� to be the person whose name is signed on the preceding or attached document arid acknowledged to be that he/she signed it voluntarily for the stated purposes. Notary Public zz MADE[IN~E P LOR � 7 cu •s � ��+_ I Printed: Notary Public My Commission Expires: p- - My Commission Expires .r�•.'b� "` >`: ►. December a,2009 p •'sM �':1 I 5 BA RSTABLEREGISTRYOf DEEDS Bk 19776 P0113 -lor-28316 r) 04-29-2005 2: 59 Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Appeal 2005-035 Capizzi Chapter 40B Comprehensive Permit Applicant: Thomas Capizzi Property Address: 90 Head of the Pond Road, Marstons Mills MA Assessor's Map/Parcel: Map 030,Parcel 126 Zoning: Residential F Zoning District Applicant: The applicant is Thomas Capizzi,who resides at 90 Head of the Pond Road,Marstons Mills MA. The applicant is seeking a Comprehensive Permit for the conversion of an existing apartment unit within a single family dwelling to an accessory affordable rental unit in accordance with all conditions of this permit.Thomas Capizzi was granted title to the property by deed recorded in the Barnstable Registry of Deeds on June 6,2001. as recorded in Book 13907,Page 183. Relief Requested: The applicant,Thomas Capizzi,has applied for a Comprehensive Permit under Chapter 40B of the General Laws of the Commonwealth of Massachusetts,and in accordance with Article H of Chapter Nine of Part I,General Ordinances,of the Code of the town of Barnstable,more commonly termed the "Accessory Affordable Housing Program." The zoning relief necessary for this Comprehensive Permit to be issued is that of a variance to Section 3- 1.3 (2)of the Zoning Ordinance—Accessory Uses to permit an accessory affordable apartment unit to a single-family owner-occupied residential dwelling.The issuance of this Comprehensive Permit would allow for an owner-occupied single-family residence with an accessory affordable apartment unit attached to the dwelling. Locus and Background: The property at issue is a 1.36 acre lot that was developed with single family dwelling of approximately 2,500 square feet.The accessory apartment is a studio unit located in the lower level of the main residence. The square footage of the rental area is approximately 515 square feet. The lot is served by public'water and on-site septic,and is located in a Gioundwaier Prot6dtio-n Overlay District.The Town of Barnstable's Public Health Division reviewed the septic on February-15,2005 and approved a total of three(3)bedrooms atihis property._ Bk 19776 Pg 114 #28316 ' Procedural Summary: A site approval letter was issued for the property by Kevin Shea,Director of Community&Economic Development on February 16,2005,in accordance with MGL Chapter 40B and 760 CMR. Elizabeth Dillen,Program Coordinator,sent notice of the site approval letter to the Department of Housing and Community Development in accordance with the requirements of CMR 760. An application for a Comprehensive Permit was filed at the Town Clerk's Office and the Office of the Zoning Board of Appeals on February 16,2005. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on February 25,2005 and March 4,2005,and notices were sent to all abutters in accordance with MGL Chapter 40B. On March 16,2005 Hearing Officer Gail Nightingale presided over the public hearing. The applicant, Thomas Capizzi, was also present. Elizabeth Dillen,Program Coordinator of the Office of Community and Economic Development was also present. Ms.Nightingale reviewed the file with the applicant to assure compliance with all of the program requirements. Findings of Fact on the Comprehensive,Permit: At the hearing on March 16,2005,the Hearing Officer made the following findings of fact: 1.The applicant is Thomas Capizzi,who resides at 90 Head of the Pond Road,Marstons Mills MA The applicant is seeking a Comprehensive Permit for the conversion of an existing apartment unit within a single family dwelling into an accessory affordable rental unit,in accordance with all conditions of this permit. The applicant is aware that the program requires the single-family unit to be owner-occupied and has committed to that requirement. 2.Thomas Capizzi was granted title to the property by deed recorded in the Barnstable Registry x of Deeds on June 6,2001 as recorded in Book 13907,Page 183. 3.Kevin Shea,Director of the Office of Community&Economic Development,issued a site approval letter for the property on February 16, 2005. Elizabeth Dillen,Program Coordinator, sent notice of the site approval letter to the Department of Housing and Community Development in accordance with the requirements of CMR 760. 4.The accessory affordable unit is a studio apartment of approximately 515 square feet. 5.The applicant is aware that the unit must meet all applicable building codes to be occupied and that the Building Division and Fire Department will also be inspecting the unit for compliance with all applicable building and fire codes. 6.The lot is served by public water and on-site septic,and is located in a Groundwater Protection Overlay District,The Town of Barnstable's Public Health Division reviewed the septic on February 15,2005 and approved a total of three (3)bedrooms at this property. 2 Bk 19776 Pg 115 #28316 7. On January 2,2005,Thomas Capizzi signed an Accessory Affordable Housing Program Agreement Affidavit that commits,upon the receipt of a Comprehensive Permit,to the recording at the Barnstable Registry of Deeds a Regulatory Agreement and Declaration of Restrictive Covenants. That document includes restricting the unit in perpetuity as an affordable rental unit and that the dwelling will be owner-occupied as the year-round residence. 8.The applicant understands that the affordable unit will be rented to a person whose income is 80%or less of the Area Median Income(AMI)of Barnstable-Yarmouth Metropolitan Statistical Area(MSA)and further agrees that rent(including utilities)shall not exceed 30%of that income. 9. According to the Massachusetts Department of Housing and Community Development,as of March 16,2005 6.24% of the town's year round housing stock qualifies as affordable housing units. The town has not reached the statutory minimum of affordable housing under MGL Chapter 40B Section 20-23 or its implementing regulations. The Town of Barnstable's Local Comprehensive Plan encourages the use of existing housing to create affordable units and the dispersal of these units throughout the town. Finding Summary: Based upon the findings,the Hearing Officer ruled that the applicant has standing to apply for an affordable housing Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's Accessory Apartment Program. The proposal is also deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the Town of Barnstable without j jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are.strictly followed. Ruling and Conditions: Based upon the findings, a ruling was made to grant the Comprehensive Permit in accordance with MGL Chapter 40B to the applicant,Thomas Capizzi,who resides at 90 Head of the Pond Road,Marston Mills, MA. It is issued to allow for a studio apartment as an affordable housing unit in accordance with the following conditions: 1. Occupancy of the affordable unit shall not exceed one person. 2.The affordable unit shall not be occupied by a family member of the owner. 3. The property owner shall occupy the principal dwelling as his year-round residence. 4. To meet the requirements of affordability,the cost of housing(including utilities)shall not exceed 30%of 80%of the median income for a single individual for the Barnstable-Yarmouth MSA. 5. All leases shall have a minimum term of one year. x_ 6. All parking for the accessory apartment and the main dwelling shall be on-site. 7.This Comprehensive Permit must be exercised and the unit occupied within 12 months of its issuance or it shall expire. 3 s � Bk 19776 Pg 116 #28316 8. The applicant must apply for a building permit for the accessory unit,whether the unit is new or pre-existing. Before securing an occupancy permit and certificate of compliance,the Building Commissioner must determine that the unit conforms with the approved plans as submitted with the building permit application and meets state building and fire codes. The Health Division must determine that the dwelling is in compliance with applicable on-site wastewater discharge requirements. 9.The applicant may select his own tenant,provided the tenant meets the requirements of the program as cited above and provided that person's income is reviewed and approved by the Office of Community &Economic Development of the Town of Barnstable as a qualified individual. The applicant will be required to work with the Town to provide information necessary to document that the tenant qualifies. The unit shall be rented on an open and fair basis to an income eligible individual. Whenever a vacancy occurs, notice must be given to the Office of Community&Economic Development, and the unit must be listed with the town. 10. No later than a year from the date of issuance of this Comprehensive Permit the applicant shall file with the Office of Community&Economic Development of the Town of Barnstable an annual affidavit listing the rent charged and income level of the occupant of the unit. The applicant shall provide the town any additional information it deems necessary to verify the information provided in the affidavit. Upon any report from the town that the terms and conditions of this permit are not being upheld, the Zoning Board of Appeals or its Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. 11. Every twelve months the applicant shall verify the income eligibility of the individual occupying the unit. 12.This Comprehensive Permit shall not be transferable to any other person or entity without the prior approval of the Hearing Officer or Zoning Board of Appeals. This decision,the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed at the Barnstable County Registry of Deeds. If the ownership of the property is transferred, the Office of Community&Economic Development of the Town of Barnstable shall be notified of the name and address of the new owner within 60 days. 13. The total number of bedrooms permitted on the property shall not exceed three(3)and no future bedrooms may be added within the unit or on the property. 4 0 ' Bk 19776 Pg 117 #28316 Ordered: Comprehensive Permit 2005-035 has been granted with conditions. A written copy of this decision shall be forwarded to the Zoning Board of Appeal as required by the Town of Barnstable Administrative Code Part 11, Section 4.02 and Part III, Section 3.72. If after fourteen(14) days from that transmittal,the Members of the Zoning Board of Appeals take no action to reverse the decision,this decision shall become final and a copy shall be the filed in the office of the Town Clerk. Appeals of the final decision,if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A,Section 17,within twenty(20)days after the date of the filing of this decision in the office of the Town Clerk. The applicant has the right to appeal this decision as outlined in MGL Chapter 40B, Section 22. In accordance with Part II, Section 4.02 and Part III, Section 3.72 of the Town of Barnstable Administrative Code,the hearing officer transmitted a written copy of the Comprehensive Permit decision to the Zoning Board of Appeals on March 16,2005. Fourteen(14)days have elapsed since the transmittal to the Board,and no Board Member has taken action to reverse the decision. Gail ightingale, taring fficer Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby certify that twenty(20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this ''day o�f, E'�.2�- ' b a under the pains anc�p" lt�e of perjury. 5 � CA- Linda Hutchenrider, Town Ctei�c�d-,v` i �r BARNSTABL,E REGISTRY OF DEEDS 5 1. .. . . M _KE_D_� TE T RS-.R VI W D.- I - - - - I- --- - __.._I I . f.. . I i . �...BUIL ING DEP . 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SOIL -LOG : SUB-DIVISION NAME DATE 3 /S � TIME EXPANSION AREA: YESZNO �� G�� ='� T L �ENGINEER 'N TOWN WATER�RIVATE WELL _�2 r BOA-RD OF HEALTI i EXCAVATOR SKETCH: (Street name , etc. , dimensions of lot, exact location of test holes and '•`percolation tests , locate we'tlands in proximity to test holes ) ,• NOTES : - r . Y � � k a p PERCOLATION RATE : TEST HOLE N0: ELEVATION : TEST HOLE NO : ELEVATION: 1 ,�,o�tit • �3so�c_._. 1 2 - Z 2 3 3 C�,L.4 �� g 4 • 4 5 5 6 6 -� a 7 8 9 9 ��ya 10 ��/��/d.�W�C 10 11 11 12 12 13 13 14 14 /�' .t/D 15 15 16 16 SUITABLE FOR SUB-SURFACE SEWAGE : LEACHING FIELD LEACHING PI LEACHING TRENCHES. UNSUITABLE FOR SUBSURFACE SEWAGE . REASONS :- NOTE : ENGINEERING PLANS MUST SHOW NUMBER ASSIGNED P C TEST APPLICATION ORIGINAL: COMPLETED N ENT P AN URNED TO BOARD OF HEALTH .. T T V APPT I CA NT 30lOj, LOCV,� SEWAGE PERMIT N0.'✓ VILLAGE INSTfA LLE�R'S_ N ME i ADDRESS tff R OR OWNER o DATE PER'FA T ISSUE0 --_ J a Y DATE COMPLIANCE ISSUED f- _ •'�l � "'�,� lam. e � m. � �� < �� ° �"� , ._y...�. ARCEL G 12 No:. !..-.a�� �l C7 11 _1 ..Fims......` ...�-, _ .......---• THE COMMONWEALTH OF MASSACHUSETTS -�a. BOAR® OF HEALTH -------- -- .....................OF.....................----------..........._...............--------------.-.--..--------- Appliration for Disposal Works Tonstrnrtiun ramit Application is hereby made for a Permit to Construct or Repair ( ) an Individual Sewage Disposal System at 0 �. Location-Address/5 , or Lot'No. .---�� ,►, . . h. ---t2--- ---------- /. .` , 1� _. .. Af—}'1°a- a . . t .............. pyvyer �• ddress Installer Address d Type of Building -_ Size Lot............................Sq. feet ...... U Dwelling—No. of Bedrooms........ ..............................Expansion Attic ( ) Garbage Grinder ( ) 44 Other—Type of Building ............................ No. of persons............................ Showers ( ) — Cafeteria ( ) p' Other fix rg� .S -------------------------------------------------------------------------------------------------•---. W Design Flow............... ..:......................gallons per person per day. Total daily flow............as-3. _.........._._....gallons. 9 Septic Tank—Liquid capacity.lQ_ddgallons gngth---------------- Width................ Diameter---------------- Depth................ Disposal Trench—No. .......1........._ Width_.._I. ........ Total Length.................... Total leaching area_. y_3......sq. ft. Seepage Pit No--_---------------- Diameter.................... Depth below inlet.................... Total leaching area..................sq. ft. Z Other Distribution box ( ) Dosing tank ( ) Percolation-Test Results Performed by.......................................................................... Date........................................ aTest Pit No. 1................minutes per inch Depth of Test Pit.................... Depth to ground water_-___._-__--____---__-_. (%, Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth to ground water........................ ---•----------------••-----•-------•-----------------------•--------•-••......-•---•------------.••.......................................................... 0 Description of Soil....................................................................................................................................................................... x W -•-•------------------------•------•-----•-•----••-------------••---•--••-•----•--•-•-•-•-•••••---•-----•-•-••-•------------------••......--........................................................... UNature of Repairs or Alterations—Answer when applicable................................................................................................ -•---------------------------------------•------------------------------------------------------------------------------------....----•---------------------------------------------••--•..._.......... Agreement: The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of TI'L i, 5 of the State Sanitary Code—The under ' e ther agrees not to place the,system in operati n unt' a Ce tifi t f Compliance has been ' e by the oard of he 'th `f Sign •. ----• e . dd D ApplicationAppro •. •--•-• •--••-••••••-•-•••---••-•-••-••-•--•--•-...._...-••-•--••••-•-•--•... r �1 .�V....-•-•- ............... Date Application Disapprove -for a following reasons-----------------------------------------------------------------------------•------------------•--••-......... -------------------------------------------•---......---------------------...----------..................----------------------------------------------...----------------------------------------•----- Date PermitNo......................................................... Issued....................................................... Date No THE COMMONWEALTH OF MASSACHUSETTS -BOARD OF HEALTH 0 ...........................................OF,.............. ......1....................................... Appliration for Disposal Works Tonstrurtion lirrmit Application is hereby made for a Permit to Construct (64 or Repair an Individual Sewage Disposal' System at: ........ ...AA . ...................4.A!.. .......... .................. Location-Address A SAPIZ.Z`........... or Lot No. Owner Address ................ .......... ......... Installer Address Type of Building Size Lot............................Sq. feet Dwelling—No. of Bedrooms___..._!------------_-_-_-_----Expansion Attic Garbage Grinder Other—Type of Building ............................ No. of persons............................. -Showers Cafeteria aOther fixtures ...................................................................................................................................................... Design Flow................S!��-_________________gallons per person per day. Total daily flow...........3_3;4............._._..gallons. Septic Tank—Liquid capacity.10.04.gallons Length................ Width__...........__. Diameter-_______-_------ Depth......_......__. Disposal Trench—No. ------JY.......... Width....jv'�......... Total Length.................... Total leaching area--- ......sq. ft. Seepage Pit No..................... Diameter....___...._._...... Depth below inlet.__.....__.......... Total leaching area..................sq. ft. Z Other Distribution box ( ) Dosing tank ( ) - 0-4 Percolation Test Results Performed by......................................................................... Date......z................................. 1_4 Test Pit No. I----------------minutes per inch Depth of Test Pit.................... Depth to ground water._.....__..._.__......_. 0-� 44 Test Pit No. 2---_-----------minutes per inch Depth of Test Pit____._.._._._.__._.. Depth to ground water._____._......._....____ P4 *---------------------------------------------*-------------------------*-------------------"----------------------------- 0 Description of Soil......................................................................................................................................................................... ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ............... ------------------------------------------------------------------------------......................................................................................... ...............U Nature of Repairs or Alterations—Answer when applicable.............................................................................................. ...I.................................................................................................................................................................................................... Agreement: The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of T IT 1Z- 5 of the State Sanitary Code—The undersigntd-further agrees not to place the.system in operation until a Certificate of Compliance has been i by the oard of hea)th iignp . ................. ---- --....................... .. . ....... _7 Application Appro,�ed ......... ................. lowing r, o 'e following reasons:................................................................................................................ ................................................................. . .. ... ..................... Date Application Disapprove or .......................................................................................................................:�......................................................................... Date' PermitNo........................................................ Issue&.`z.:!I.............................................. THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH ..........................................OF..................................................................................... QTrrtifirab of Tompliatta THIS IS TO CERTIFY, That he Individual Sewage Disposal System constructed ( -1/0"r Repaired .................................................... .6 .......... ...... ..... ............. ---------------------------------------------------------------- Insta at., .. .... .... _�q ---- 3------- ----------------------------------------------------------------------- --------------------------- 5 of The State Sanitary C has been installed in accordance with th provisions of TITLE �o)/&a e S ribed in the application for Disposal Works Constr tion Permit No.r$1—_47_1................. dated_!e/'_ 01 '..................... THE ISSUANCE OF THIS CERTIFICATE SHALL NOT BE CONSTRUED AS A GUARANTEE THAT THE SYSTEM WILL FUNCTION SATISFACTORY. DATE........................................... ........... Inspector..........)'e�. ........................................................... THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH ................................0 F.................................................................................... . ........... FEE-01-19.............. Disposal Works *1111Tla Loptrudion ;prrufit Permission *erher by nted - ------de� . .............................................................................................. to Con r ivid I Sewage Disposal System atNo.. ... ... ..... .. ....e,21 .......................................................................................................................... Street zv A P gV, as shown on the ap ication forWo rks orks Construction Permit N -------- ---- Dated___________________________________ .............................. - -------------------------------------------...................... Board of Health DATE................................................................................ FORM 1255 A. M. SULKIN, INC.. E30STON PAr 30c;6 LOCATIO N, SEW G.E PERMIT NO. o VILLAGE ao , INS.TA LLER'S ME i ADDRESS 1 - R OR OW.N ER ? 00 DATE PERM T ISSUE,D DATE COMPLIANCE ISSUED 41 G MARSTON_S MIhLS - _ LEGEND gg PROPOSED CONTOUR O 9® PROPOSED SPOT GRADE 41 �, �P SCHOOL -- gg -- EXISTING CONTOUR ASA STREET a f�IEIGS + 96.52 EXISTING SPOT GRADE ROAD - W— EXISTING WATER SERVICE Z 1 ' LA ESHO c, k TEST PIT LOCUS OR. x -=i / 103 - ' O 4 90 HEAD Of ; D m THE POND LN.; p p f*i `r LOCUS MAP oo.« is LOCUS INFORMATION PLAN REF: 284/091 Q� o � \ Soto TITLE REF: 27958/009 O `�4vs• �� i �. OUP PARCEL ID: MAP 030 PAR. 126 a �2��• �' � 102 <qo J \ is •� J�jC}ie�t .. 0 O •� \/ ; _� 1� ._ °a SEPTIC SYSTEM —._ -r ',dou �--- _ — _ ;/ PLAN REPAIR LOCATED AT: STONE p�� 90 HEAD OF THE POND LANE VEWAy �.� � - ��',. o�� o� F�oX MARSTONS MILLS, MA T — ,oe Doti PREPARED FOR CAPIZZI SOT 129 ,a NOVEMBER 11, 2015 AREA = 59300 sf+— , r PLAN BOOK 284 PAGE 91 AssP MAP 30 PCL 1 26 PG- ���,� OF MAcl o �� � GP o DA IjEN w sHEo BENCH MARK " Nb• j40 / 103 A / PAINT SPOT ON �•�,���o CONCRETE SLAB 102.86 SANITAR\p� _ 102 1 USGS DATUM ASSUMED *� MEYER 8c SONS, INC. PLAN �.: P.O. BOX 981, SCALE: 1 in = 30 ft EAST SANDWICH, MA. 02537 O 30 60 PH: (508)360-3311 0 10 20 30 60 FAX: (774)413-9468 meyerandsonsinc@gmail.com SHEET 1 OF 2 J 1743 ELEV. TOP FOUNDATION NOTE: PLACE MAGNETIC MARKING TAPE OVER ALL COVERS (Existing) BRING ALL COVERS TO WITHIN 3" OF FINISH GRADE FINISHED GRADE (103.0) 56.02 F.G.EL: 102.0 F.G.EL: 102.0 F.G. EL: 102.80 VENT a MAINTAIN 2% MIN SLOPE OVER LEACHING AREA :a 2" OF 3/8" DOUBLE WASHED 3/4" - 1-1/2" F.G.EL 99.70 STONE OR FILTER FABRIC DOUBLE WASHED STONE 'A 4" SCH 40 PVC 41 10"1 ®®®®• Q ®®®® 14" 6" 4 S= 1% (MIN. ®®®®®®®®®®® TEE'S ARE TO BE ®®®®®®®®®®® 4" SCH 40 PVC INV.97.75 2 EFF. DEPTH ®®®®®®®®®®® 7 4•: INV.98.40 INV.97.55 4' 2 X 8.5' 4' 1 EXISTING OUTLET BAFFLE PROPOSED DB-3 _ :•.••. '.. EFFECTIVE LENGTH = 25' DISTRIBUTION BOX INV. 98.65 (H-20) INV. ELEV.= 96.80 EXISTING 1,000 GALLON SEPTIC TANK GAS BAFFLE TO BE INSTALLED ON �P��� �F Mgsf9� BREAKOUT OUTLET TEE AS MANUFACTURED BY o D E ti ELEV.= 97.80 TUF-TITE, ZABEL, OR EQUAL TOP CONC. ELEV.= 97.80 NOTES: 1) CONTRACTOR SHALL VERIFY ALL EXISTING N . 1 40 INV. ELEV.= 96.80 �®®� ®® PIPE INVERTS PRIOR TO CONSTRUCTION ®®®®®®® 2) D-BOX SHALL BE SET LEVEL AND TRUE TO �E61STERE� ®®®®®®® GRADE ON A MECHANICALLY COMPACTED SIX SgNITAR\1'� BOTTOM EL.= 94.80 ®®®®®®® INCH CRUSHED STONE BASE, AS SPECIFIED IN 3.75' 5 FT. 3.75' 310 CMR 15.221(2) I 3) REPLACE EXISTING 1,000 GALLON SEPTIC TANK EFFECTIVE WIDTH TH = 12.5' WITH- 1,500 GALLON SEPTIC TANK IF FAILED, SEPARATION 6.00 FT. DAMAGED, OR UNDERSIZED, INSPECT AT TIME OF INSTALL SEPTIC SYSTEM PROFILE SOIL ABSORPTION SYSTEM (SECTION) 4) INSTALL INLET & OUTLET TEES W/ BOTTOM OF TESTHOLE EL: 88.80 r GAS BAFFLE AS REQUIRED (500 GALLON H2O LEACH CHAMBER) GENERAL NOTES: SOIL LOGS u DESIGN CRITERIA 1. ALL CHANGES TO THIS PLAN MUST BE APPROVED BY THE LOCAL BOARD OF HEALTH AND THE DESIGN ENGINEER. P17 14868 NUMBER OF BEDROOMS: 3 BEDROOMM 2. ALL WORK AND MATERIALS SHALL CONFORM TO THE REQUIREMENTS DATE: OCTOBER 28, 2015 SOIL TEXTURAL CLASS: CLASS 1 (0.74 GPD/SF) OF THE STATE ENVIRONMENTAL CODE, TITLE V. AND ANY APPLICABLE - SOIL EVALUATOR: DARREN MEYER, R.S., CSE #1614 DESIGN PERCOLATION RATE: <2 MIN/IN LOCAL RULES AND REGULATIONS, EXCEPT AS REQUESTED BELOW: DAILY FLOW: 110 G.P.D. X 3 BR = DESIGN FLOW: 330 G.P.D. - 310 CMR 15.405 (1) (8): WITNESS: DAV►D STANTON, BARNSTABLE B.O.H. 1) A 2.2 FT. VARIANCE FROM 310CMR15.221(7) TO ALLOW LEACHING GARBAGE GRINDER: NO (not designed for garbage grinder) TO BE 5.20 FT (MAX) BELOW GRADE VS REO'D 3 FT. (H20/VENT PROVIDED) 3. THE SEWAGE DISPOSAL SYSTEM SHALL NOT BE BACKFILLED PRIOR SEPTIC TANK: 330 gpd x 200% = 660 gpd, USE EXIST. 1,000 GAL. SEPTIC TANK TO INSPECTION AND APPROVAL BY THE BOARD OF HEALTH AND THE Elegy. TP- 1 Depth Elev. TP-2 Depth 1f DESIGN ENGINEER. 102.80 0" 103.20 0" (330) = 445.94 S.F. 4. ANY CONDITIONS ENCOUNTERED DURING CONSTRUCTION DIFFERING A LOAMY SANO A LOAMY SAND LEACHING AREA REQUIRED: FROM THOSE SHOWN HEREON SHALL BE REPORTED TO THE DESIGN IOYR 3/1 10YR 3/1 .74 ENGINEER BEFORE CONSTRUCTION CONTINUES. 101.98 10" 102.38 10" 5. ALL ELEVATIONS BASED ON ASSUMED DATUM. B B USE TWO (2) 500 GALLON H2O PRECAST LEACH CHAMBERS W/ 4' 6. THE DESIGN ENGINEER IS NOT RESPONSIBLE FOR THE FAILURE OF STONE ON ENDS & 3.75' STONE ON SIDES: 25' L x 12.5' W x 2'D LOAMY SAND LOAMY SAND THE CONTRACTOR OR OWNER TO NOTIFY THE LOCAL BOARD OF 10YR 6/8 I 1OYR 6/8 HEALTH FOR PROPER INSPECTIONS DURING CONSTRUCTION. 100.80 24 101.20 24" BOTTOM AREA: 25 x 12.5= 312.5 SF 7. WATER SUPPLY PROVIDED BY TOWN WATER SERVICE. C SANDY LOAM C SANDY LOAM SIDE AREA (25 + 12.5) X 2 X 2 = 150 SF 8. ALL AREAS DISTURBED DURING CONSTRUCTION SHALL BE RESTORED 10YR ' OYR 6/4 " TO A CONDITION AGREED UPON BETWEEN OWNER AND CONTRACTOR. .} TOTAL SQUARE FEET PROVIDED = 462 vs. 445.94 REQ'O 9. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY THE 96.80 72" 97.20 72" THE LOCATION OF ALL UNDERGROUND UTILITIES, PRIOR TO BEGINNING PERC ® EL 94.90 C C DESIGN FLOW PROVIDED: 0.74(462 S.F.) = 342.25 G.P.D. vs. 330 G.P.D. req'd CONSTRUCTION, UTILITIES SHOWN ARE APPROXIMATE. MEDIUM SAND I MEDIUM SAND 10. EXISTING LEACHING TO BE PUMPED, CRUSHED AND FILLED PER TITLE 5. 2.5Y 6/6 i 2.5Y 6/6 PROPOSED SEPTIC SYSTEM UPGRADE PLAN 11. 48 HOUR NOTICE FOR ENGINEER CERTIFICATION 12. THIS PLAN IS TO BE USED FOR SEPTIC SYSTEM PURPOSES ONLY 88.80 168" 89.20 168" 90 HEAD OF THE POND LN., M. MILLS, MA AND IS NOT TO BE CONSIDERED A PROPERTY LINE SURVEY 13. NO PRIVATE WELLS WITHIN 150' OF PROPOSED LEACHING. PERC RATE <2 MIN/IN.y('C2" HORIZON) Prepared for' Capizzi 14. NO WETLANDS WITHIN 100' OF PROPOSED LEACHING. NO GROUNDWATER OBSERVED Engineering and Survey by: SCALE DRAWN DATE 15. ALL PIPING TO BE 4" SCH 40 0 1/8"/FT (UNLESS SPECIFIED) MEYER&SONS,INC. N.T.S. DMM 10/26/15 ' I, Darren M. Meyer, R.S., CSE, hereby certify that I am currently approved by MADEP pursuant to 310 CMR 15.017 PO BOX981 to conduct soil evaluations and that the above analysis has been performed by me consistent with the REV. DATE SHEET NO. requirements of 310 CMR 15.017. 1 further certify that I have passed the Soil Evol. Exam in October, 1999. EAST SANDWICH,MA 02537 506-362--2922 2 of 2 � Q ZONE. ASSESSORS REF.: OVERLAY DISTRICT: FEMA FLOOD ZONE: RF RPOD ( ) bfk \s i Map 030 GP — Groundwater Protection District Zone X (Minimal Flood Hazard) Frontage (min) 150 . M Parcel 126 Width min nadE: Ma 25001 CO537J (min) Effective on 07/16/2014 j Setbacks: Fron t 30' - dam ;. Side 15 Rear 15' F NSF Shelly Bancer 86591237 .. - ro v S8851'00"E 295f Location Map 1p a z fid 1"=2,000f' 0 p NOTES: Q54.9' \ o 1.) The structures shown were located on the rt \- fnd Edge of Pond ground by conventional survey methods on (or Per Plan Bk 284 Pg 91 between) 10/FEB/16 & 16/FEB/16. 0 2.) The property line information shown hereon a o Approx. Septic i was compiled from available record information. a ^ ^ r \per BOH card _ #903.) This plan is not for recording and is not o 1 112 Sty Lot 129 to be used for construction layout or deed — — — Stone w f description purposes. y o _ _ _ _ _ — _ Drive Dwelling 59300±SF (By Plan) i 0 c p P p n` / o W \ Deck I _� \ < Proposed o \ Spa Enclosure Fence a 115.7' � C Proposed i Q I certify that the structures Gara e shown hereon conform to Proposed g New Pool J the setback requirements of 86.4' Pool Equipment ::'- I the Zoning Bylaws of the o She 83 town of Barnstable. 24.8' of Y4S � ----- --•— Sideynrd 15min —.__.-----------•--•------. t'``Mj,��,y`J' � 16.6' u, S88 51'03"E 337't _ LEGEND: � I O Water Gate (round) RtHEUREVX Hydrant N/F LN 34312 Utility Pole 0 0 �O9 Partridge Realty Trust ,q Ist� �JQ. 10135165 OHW— Overhead Wires ® Iron Pipe AL ANC 0 20 40 60 80 FEET El CB/DH Sheet # Title: Prepared For: Notes/Revisions: Plan Showing Proposed Pool CapeSurl Scale: 1"=40' At 90 Head of The Pond Road Date: Tina Fortier See Above 1 of 1 23 West Bay Rd, Suite G (Marstons Mills) AMASS Osterville MA 02655 C853gl BARNSTABLE, MASS (508)420-3994 (508)420-3995 fax D W copesurKscapecod.net` 58 NOV 17 ,� �—' T' �' `r� ' � c5'�8 1, ��`�;• ~~�'�%''� �` n _1� And kv Ald t S • IV G , �.J t I r' I � � h� " � -� � � � c t� � � •,� / � r lam'. - � 4 � , -. y 4 1,4-7 t t ` .` ,� '/art/ �"�' °c�, ..�..'T✓��,:�:�T+�' ; ,! °, !�cf ,�` ,�'f,��' �' ,C.�.S.S - , 4:5 . 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