HomeMy WebLinkAbout0145 SHOOTFLYING HILL RD - Health 145 Shootflying Hill Rd
W • -tba,rnsA��
Town of Barnstable
Regulatory Services
Thomas F. Geiler, Director
XAS& ~ Public Health Division
En " Thomas McKean, Director
200 Main Street,Hyannis,MA 02601
Office: 508-862-4644 Fax: 508-790-6304
Installer & Designer Certification Form
Date: Sewage Permit# 0 — D,�Assessor's Map\Parcel cR
Designer: 1A,\ P / ee Installer:
Address: �3 /�G.,�-- Address:
On q ) d 1 )e T 1,4.,r; was issued a permit to install a
dat ) (installer)
L` r/ /` B
septic system at J 7� �J �1OO ft�ased on a design drawn by
(addr ss)
( ✓" O dated
designer)
✓ I certify that septic ticsY stem referenced above was installed substantially according to
P
the design, which may include minor approved changes such as lateral relocation of the
distribution box and/or septic tank.
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.
I A OF gS.0
ARNE H yGs
st r s Signature) U OJALA
CIVIL
4 No. 30792
SSG/S T E '�O���
(Designer' Signature) (Affix s Stamp Here)
PLEASE RETURN TO BARNSTABLE PUBLIC HEALTH DIVISION. CERTIFICATE OF
COMPLIANCE WILL NOT BE ISSUED UNTIL BOTH THIS FORM AND AS-BUILT CARD ARE
RECEIVED BY THE BARNSTABLE PUBLIC HEALTH DIVISION. THANK YOU.
Q:Health/Septic/Designer Certification Form 3-26-04.doc
TOWN OFBARNS,TABLE
LOCATION SEWAGE #
VILLAGE- ' ASSESSOR'S MAP& LOT Off%w a�
INSTALLER'S NAME&PHONE NO. � �cf e-d
SEPTIC TANK CAPACITY
LEACHING FACUTY: (type) o (size)
NO.OF BEDROOMS
BUILDER OR OWNER _ `—V 141 1 a
PERMTTDATE: COMPLIANCE DATE: �Wj
Separation Distance Between the:
Maximum Adjusted Groundwater Table and Bottom of Leaching Facility Feet
Private Water Supply Well and Leaching Facility (If any wells exist
on site or within 200 feet of leaching facility) Feet
Edge of Wetland and Leaching Facility(If any wetlands exist
within 300 feet of leaching facility) Feet
Furnished by
rt ..
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..� -1
, : ,,
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No. P�l/�7 /05 Fee �D
THE COMMONWEALTH OF MASSACHUSETTS Entered in computer:
Yes
PUBLIC HEALTH DIVISION -TOWN OF BARNSTABLE., MASSACHUSETTS
ZippYication for ;Migogar *pgtem Congtruction Permit
Application for a Permit to Construct( . )Repair( )Upgrade( )Abandon( ) ❑Complete System El Individual Components
Location Address or Lot No. %7� 06 , Owner's Name,Address and Te.No.
Assessor's Map/Parcel /
—+
Plied
Installer's Name,Address,and Tel.No. Designer's Name,Address and Tel.No.
S'"f /�r� Q9 CA
Type of B '
Dwelli No.of Bedrooms Lot Size /'67) sq.ft. Garbage Grinder( )
er Type of Building No.of Persons Showers( Cafeteria( )
Other Fixtures
Design Flow �0 gallons per day. Calculated daily flow (J gallons.
Plan Date ° ' ® f Number of sheets Revision Date
Title
Size of Septic Tank /.5�� Gp -�+�, Type of S.A.S. c ram,
Description of Soil
Nature of Repairs or Alterations(Answer when applicable)
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 viro n Code and not to place the system in operation until a Certifi-
cate of Compliance has been issued by thi f
Signed Date y ov
Application Approved by Date
Application Disapproved for the following reasons
Permit No. C�00 q '^ <�a Date Issued 9 1 0 L(
• _ 4+"""'a....Lw.... -;..y F.7.w.- •-r.,rt�r r..g f y_I r Y-�i_._ -n.y._ ..F7 ...« • U- qi.� .rR r 'f'"`-"`.,a r�� r t r"'''.` .. •• , •__ •• `
No. V0 7 .. t t Fee
THE COMMONWEALTH OF'�MASSACHUSETTS Entered in computer
Yes
R , BLLC HEALTH DIVISION -TOWN OF BARNSTABLE., MASSACHUSETTS
r .
2pplication for 10i�pooar *p!tem Construction Permit.
Application for a Permit to Construct( )Repair( )Upgrade( )Abandon( ) ❑Complete System ❑Individual Components
Location Addres erJ.gt No. a6 Owner's Name„Addres an Ted.No.
Assessor's Map/P;e 1 ` p ••��"��
Installer's N e ddressl and Tel.No. n_/ Designer's Name,Address and Tel.No.
e ek qg 3 S/6?h o�w;�.� m�� �13`7 ✓�liow S 62Y
y
Type D�lg. No.of Bedrooms Lot Size ? � sq.ft. Garbage Grinder( �;
Other Type of Building No.of Persons Showers( ) Cafeteria( )
Other Fixtures
Design Flow �'�G gallons per day. Calculated daily flow J gallons.
' Plan Date Number of sheets Revision Date
Title i
Size of Septic Tank � ---Type of S.A.S.
Description of Soil
Gi
Nature of Repairs or Alterations(Answer when applicable) 4J
Date last inspected: vV\\
Agreement:
The undersigned agrees to ensure the construction and mai nance of the afore described on-site sewage dis orals stem
g g g P Y
.in accordance with the provisions of Title 5 of'to
viro ea 1 Code and not to place the system in operation until.a Certifi-
cate of Compliance has been issued by t Of e y O y
Signed Date
Application Approved by Date L/ U 4
Application Disapproved for the following reasons
V
0 0, p
Permit No. - �' Date Issued
THE COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, MASSACHUSETTS
Certificate of Compliance
THIS IS TO CET , that th On-site Sewage Disposal System Constructed (�( )Repaired ( , )Upgraded( )
Abando )by ,r-. � ` v<',1 a , /
at N S v a 01 H 6 ,44 1 / W. V`1-p✓l &_r k''( . has been constructed in 'ccordance
with the provisions of Title 5 Ld Ale for Disposal System Construction Permit No. UU y dated / U y
Installer Designer
i
The issuance of th Jl pert�it ha)11 not be construed as a guarantee that the ste wil function a design d
Date 1 I ( 5 1 `��1 Inspector ��4•
I►��UC.(---=------------------------Fee /p4
f THE COMMONWEALTH OF MASSACHUSETTS
PUBLIC HEALTH DIVISION - BARNSTABLE., MASSACHUSETTS
Mizpogai *pgtem Construction permit
Permission is hereby grante t9 Coqtu�t(( �R tir( 1 )Upgr & ( Aban o�(1 \)
System located at 1'� ,� �'t _ e�( U
and as described in the above Application for Disposal System Construction Permit. The applicant recognizes his/her duty to
comply with Title 5 and the following local provisions or special con ' ' Ii
Provided ConstriAction must be completed within three years of th date of t"s ,
Date: f 4 /G Approved b
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Diankl K Braman, P.E.
r ' 189 Harbor Point Rd
45 S iL-f i WA t4 t L.. Co maquid MA 02637-0361 ,
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t� 4-c>x.t3 �I R-0
DANIEL E.
N A �
® ® STRUCTURAL
® � No.sew 1- 1
®e��r o
RAMSBEAM V2.0 - Gravity Beam Design
Licensed to: Dan Braman, P.E.
Job: 145 Shoot Flying Hill Road Steel Code: AISC 9th Ed.
•SPAN INFORMATION:
Beam Size (User Selected) = W8X18 Fy = 36. 0 ksi
Total Beam Length (ft) = 16.25
Top Flange Braced By Decking
LOADS: Self Weight = 0 . 018 k/ft
Line Loads (k/ft) :
Distl Dist2 DL1 DL2 Pre DL1 Pre DL2 LL1 LL2
0. 00 16. 25 0. 195 0. 195 0. 000 0. 000 0. 520 0. 520
SHEAR: Max V (kips) = 5. 95 fv (ksi) = 3. 18 Fv = 14 . 40
MOMENTS:
Span Cond Moment @ Lb Cb Tension Flange Comp Flange
kip-ft ft ft fb Fb fb Fb
Center Max + 24 .2 8 . 1 0 . 0 1. 00 19. 10 24 . 00 19. 10 24 . 00
Controlling 24 .2 8 . 1 0. 0 1. 00 19. 10 24 . 00 --- ---
REACTIONS (kips) : Left Right
DL reaction 1. 73 1 . 73
Max + LL reaction 4 .22 4 .22
Max + total reaction 5. 95 5. 95
DEFLECTIONS:
Dead load (in) at 8 . 12 ft = -0 . 186 L/D = 1048
Live load (in) at 8 . 12 ft = -0 . 454 L/D = 429
Total load (in) at 8 . 12 ft = -0. 641 L/D = 304
" ��0)�� l BST LE
®( c�
LOCATION SEWAGE #
VILLAGE ASSESSOR'S MAP& LOTOWaW 91
INSTALLERS NAME&PHONE N0. rS�'� �
ev
SEPTIC TANK CAPACITY
LEACHING FACILITY: (type) (size)
NO.OF BEDROOMS
BUILDER OR OWNER
PERMTTDATE:. ti`. COMPLIANCE DATE: J
Separation Distance Between the:
Maximum Adjusted Groundwater Tabl"d Bottom of Leaching Facility Feet
Private Water Supply Well and Leaching Facility (If any wells exist
on site or within 200 feet of leaching facility) Feet
-Edge of Wetland and Leaching Facility(If any wetlands exist
within 300 feet of leaching facility) Feet
Furnished by
MAR-15-2004 02 : 13 PM DOWN CAPE ENGINEERING 508 362 9880 P. 01
down cape engineering, Inc,
CIVL eN61WR5 & LAND %MYOP5
939 MAIN 5f/ ROM 6A YAARMMOUffM, MA 02679
(508) 562-4541 FAX (508) 562-9860
MEMO VIA FAX
4 DATE: March 15,2004
TO: Donald R. Desmarais,R.S.Town of Barnstable Health Dept.
FROM: Daniel A. Ojala, PLS, E1T Down Cape Engineering Inc.
CC: Patrick M.Butler Esq.Nutter McClennen& Fish LLP
Jacques Morin-Bayberry Building Co. Inc.
RE: Lawton Hills Subdivision-Jacques Morin--Nitrogen Loading Restriction
DCE Job# 03-1.09
This memo is to confirm the discussion of our meeting 3/12/04.
A typographical error was made on the final draft of the attached"Grant of Title V Nitrogen
Loading Restriction and Easement on Facility and Credit Land".
The circled lot 37 should read 36,as is obvious from reading the document in its entirety.
Atty.Butler's office has stated they will draft a confirmatory letter to your department and have a
scribners error affidavit filed with the Land Court.
It is our hope Mr. Morin could proceed with construction on lot 36 while these documents are
being drafted.
Please do not hesitate to call with any questions or comments.
This fax is intended for the exclusive use of the addressee and may contain proprietary,confidential or
privileged information,if you are not the intended recipient,any dissemination,use,distribution or copying
is strictly prohibited.if you have received this fax in error,please notify me by telephone or via ratum fax
and destroy the original and all copies.
THREE PAGES INCLUDING COVER
MAR-15-2'004 02 : 14 PM DOWN CAPE ENGINEERING 508 362 9880 P. 03
WHEREAS, the Grantor desires to restrict the number of bedrooms as defined in
310 CMR 15.002 and/or the waste water discharge design flow and any improvements
located on the Facility Land and the Credit Land through the use of this Nitrogen
Loading Restriction and Easement; and
WHEREAS, the nitrogen loading facility aggregation plan has been approved by
the Barnstable Board of Health in accordance with the Department's guidelines for Tide
V aggregation of plans and nitrogen loading, said approval having been based upon
agreement by the Grantor to Incur certain obligations regarding the number of
bedrooms, as defined in 310 CMR IS.002 and/or in the waste water
flow and any improvements located on the Facility Land and maintenance of
design
restriction and easement to insure protection of then maintenance of the
gallons per day per acre in accordance with 310 CMR 155.214la loading own of of 330
Barnstable General Ordinances Article XLVII; and Town of
WHEREAS, the Grantor has agreed to
grant to the local Pe�'petual easement to insure maintenance of the Facility Land and CreditI authority a
including but not limited to removal of any prohibited uses in conn ionLand,
Perpetual easement to pass and repass over the Facility Land and the Cr herewith, a
the Purposes of Inspection at reasonable times and upon reasonableCredit Land for
NOW'. TWEREFfl notice.
grant to the Town of Barn pursuant to the provisions of 310 CMR 15.216, Grantor does
and having an add stable, a municipal co 0
Tess of 200 Main Street ration situated in Barnstable County
through its board of Health the �� � Hyannis, Massachusetts acting by and
monetary consideration with Local Approving Author
Quitclaim Covenants, a Title V Nitrogen Lo
adingjLoadi non-
Land Easement and, Upon, through, over and under the Fa - nh Restriction
conditions of which are as follows; cll�y Land and the Credit
defined Lr2h( • Gmntor agrees to AN
the number of bedro�nd
SP01
Pursuant to 310 CMR 15.002, in any improvements on the Fa
bedrooms each on lots 32 through 35, and three bed �l four h 0
credit land b ran r er agrees to maintain e r a total of C��+
on the Cr�edit prohif�ng activities which have a detrimental effect on nitrogen nd � nitrogen
�e t�
nitrogen Land, including but not limited to wastewater loading
9 lertiliaer, the introduction of artificial Impervious ater discharges, the use of ��c)
or keeping of animals, livestock pervious surfaces, the raising, breeding
introduction of land under w�e�r p°u(try for commercial pulses, and the
creation or
z. . In creating this Restriction and
grants to the Local Approving Authors Easement, Grantor hereby
employees a perpetual �, itr agents, contractors, subcontractors and
to at reasonable times and with reasonable no
Grantor enter �SNENT upon and the right to bring of m
redit
Land together with a ri ht to P ent onto the Facili notice
to
g Pass and repass by foot and by vehicle over the Facility
tY
MAR-15-2004 02 : 13 PM DOWN CAPE ENGINEERING 508 362 9880 P. 02
GRANT OF TITLE V NITROGEN LOADING RESTRICTION AND EASEMENT
ON FACILITY AND CREDIT LAND
This Grant of Tide V Nitrogen Loading Restriction and Easement made as of this
day of 2003, by Jacques N. Morin, Trustee of Lawton Hills Realty
Trust— I under Declaration of Trust dated April 11, 200Z, and recorded with the
Barnstable Country Registry District of Land Court as Document No. 867,990, of
Centerville, Massachusetts (the"Grantoel.
WITNESSETH
WHEREAS, Grantor is the owner In fee simple of that certain parcel of land
located In West Barnstable, Massachusetts pursuant to deed dated April 11, 2002 filed
with the Barnstable Country Registry District of Land Court as Document Nos. 867,991
and 867,992 and noted on Certificate of Title 164858 and 164859, said land consisting
of Lots 32 through 37 as shown on Land Court Plan 22556(G) (the"Property'
comprised of Facility Land and Credit Land as defined below) consisting of
approximately 6.59 acres of Land; and
WHEREAS, the Property was approved as an open space residential subdivision
plan pursuant tD Barnstable Zoning Ordinance Section 3-1.7 and pursuant to special
permit issued by, the Planning Board of the Town of Barnstable which special permit is
fled with the Bamstable County Registry District of Land Court as Document No.
944,505 (the"Special Permit`j; and
WHEREAS, pursuant to the Special Permit the Grantor has established a
Declaration of Pmtecdve Covenants and Restrictions with reference to Lot 37 as shown
on Land Court Plan 22556(G) which is recorded as Document No. 887,867; and
WHEREAS, said Lot 37 is subject to an open space restriction and easement In
accordance with Chapter 40A, Section 9 of the Massachusetts General Laws and Section
3-1.6 of the Zoning Bylaws of the Town of Bamstable, which open space restriction and
easement Is filed as Document No. 887,868; and
WHEREAS, the open space restriction and easement provides, Inter alla, that said
Lot 37 must be maintained in Its natural vegetated state and must be utilized only for
open space purposes and that no development activity of any kind or nature may occur
thereon; and
WHEREAS, said Lot 37 is held as open space for the benefit of Lots 32, 33, 34,
35 and 36, each of which are deemed single family lots pursuant to said Zoning
Ordinance and the Special Permit; and
WHEREAS, Lot 37 shall be deemed "Credit land" and Lots 32, 33, 34, 35, and 36
shall collectively be deemed "Facility land" as those terms are defined under 310 CMR
15.216; and
TRANSMISSION LINE GSM/SS + �7.4 76.0
EASEMENTS
(210' WIDTH)
PROP. + .0 + 75.7
GARAGE �
o ,� I
7 .� pROP DRIV w� ./ ��� 5.5
f 4
TP1 0
w�,
+ PROP. ! 7 .5
` DECK
76.6 PROP. DWELL.
TYNDN. = 78.0 43 .4
1 P� ) 74 Q.7
77.
!\ 75. � + 76.7
.7 10
h l
9 + 7 7S4, 1 30.1 o
8 69'
+ 7 .5
+ 75.2 ryc�, 76 BENCH MARK — T(
TOWN OF BARNSTA
ROAD BOUND EL.
^°/i� 73.7
GRANT OF TITLE V NITROGEN LOADING RESTRICTION AND EASEMENT
ON FACILITY AND CREDIT LAND
This Grant of Tide V Nitrogen Loading Restriction and Easement made as of th!
day of 1� 1p��y ' . 2003, by Jacques N. Morin,Trustee of Lawton Hills Realty
Trust— I under Declaration of Trust dated April �as Doc men Noand .ded with the
867,990, f
Barnstable Country Registry District of Land Cou
Centerville, Massachusetts (the"Grantor").
WITNESSETH
WHEREAS, Grantor is the owner in fee simple of that certain parcel of land
located in West Barnstable, Massachusetts pursuant to deed dated April 11, 2002 filed
with the Barnstable Country Registry District of Land Court as Document Nos. 867,991
and 867,992 and noted on Certificate of Title 164858 and 164859, said land consisting
of Lots 32 through 37 as shown on Land Court Plan 22556(G) (the"Property"
comprised of Facility Land and Credit Land as defined below) consisting of
approximately 6.59 acres of Land; and
WHEREAS, the Property was approved as an open space residential subdivision
plan pursuant to Barnstable Zoning Ordinance Section�mst7 and pursuant to special
able which special permit is
permit issued by the Planning Board of the Town
District of Land Court as Document No.
filed with the Barnstable County Registry
944,505 (the"Special Permit`j; and
WHEREAS, pursuant to the Special Permit the Grantor has established a
Declaration of Protective Covenants and Restrictioon�ment reference
e to Lot 37 a shown
on land Court Plan 22556(G) which is recorded as
WHEREAS, said Lot 37 is subject to an open space restriction and easement in
accordance with Chapter 40A, Section 9 of the Massachusetts General Laws and Section
3-1.6 of the Zoning Bylaws of the Town of Barnstable,which open space restriction and
easement is filed as Document No. 887,868; and
WHEREAS, the open space restriction and easement provides, interaiia, that said
Lot 37 must be maintained in its natural vegetated state and must be utilized only for
open space purposes and that no development activity of any kind or nature may occur
thereon; and
WHEREAS, said Lot 37 is held as open space for the benefit of Lots 32, 33, 34,
35 and 36, each of which are deemed single family lots pursuant to said Zoning
Ordinance and the Special Permit; and
WHEREAS, Lot 37 shall be deemed"Credit Land"and Lots 32, 33, 34, 35, and 36
shall collectively be deemed"Facility Land"as those terms are defined under 310 CMR
15.216; and
WHEREAS,the Grantor desires to restrict the number of bedrooms as defined i
310 CMR 15.002 and/or the writ improvements
e water discharge design flow and any
located on the Facility Land and the Credit Land through the use of this Nitrogen
Loading Restriction and Easement; and
WHEREAS,the nitrogen loading facility aggregation plan has been approved by
the Barnstable Board of Health in accordance with the Department's
guidelines
sed upon Title
aggregation of plans and nitrogen loading, said approval having
agreement by the Grantor to incur certain obligations
r waardi water discharge design
g the number of
bedrooms, as defined in 310 CMR 15.002 and/or
in the flow and any improvements located on the Facility Land and maintenance of the
restriction and easement to insure protection of the nitrogen 4 and thelimitation
Town of of 330
gallons per day per acre in accordance with 310 CMR
Barnstable General Ordinances Article XLVII; and
WHEREAS, the Grantor has agreed to grant to the local approving authority a
perpetual easement to insure maintenance of the Facility Land and Credit Land,
including but not limited to removal of any prohibited uses in connection herewith, a
perpetual easement to pass and repass over the Facility Land and the Credit Land for
the purposes of inspection at reasonable times and upon reasonable notice.
NOW,THEREFORE, pursuant to the provisions of
3s 0 04Rated in �.216,Barn Grantor
table Coin
grant to the Town of Barnstable, a municipal corporatr
on and having an address of 200 Main Street, Hyannis, Massachusetts acting by and
through its Board of Health (the"Local Approving Authority") for nominal, non-
monetary consideration with Quitclaim Covenants, a Title V Nitrogen Loading Restriction
and Easement in, on, upon,through, over and under the Facility Land and the Credit
Land, the terms and conditions of which are as follows:
1. Prohibitions. Grantor agrees to restrict the number of bedrooms, as
Cbedrooms
ined pursuant to 310 CMR 15.002, in any improvements on lot 37 n the illty Land to a total of four
each on lots 32 through 35, and three bedrooms
eteen bedrooms. Grantor further agrees to maintain the Credit Land as nitrogen
dit land by prohibiting activities which have a detrimental effect on nitrogen loading
the Credit Land, including but not limited to wastewater discharges, the use of
nitrogen fertilizer, the introduction of artificial impervious surfaces, the raising, breeding
or keeping of animals, livestock or poultry for commercial purposes, and the creation or
introduction of land under water.
2. Easements. In creating this Restriction and Easement, Grantor hereby
grants to the Local Approving Authority, its agents, contractors, subcontractors and
employees a perpetual EASEMENT to at reasonable times and with reasonable notice to
Grantor enter upon and the right to bring equipment onto the
redid
Land together with a right to pass and repass by foot and y vehicle over the Fa
-2 -
Land and Credit Land for purposes of inspecting the Facility and an �relit L n d to
ensure compliance with and fulfillment of the terms of this R
3. Severabili . If any court or other tribunal determines that any provision
of this instrument is invalid or unenforceable, such proviin shall
d deemed
to have
been modified automatically to conform to the requirements
enforceability as determined by such court or tribunal.od fled,�e provision provisi be
invalidated is of such a nature that it cannot be
=t had never been included herein. In
deemed deleted from this instrument as though
either case, the remaining provisions of this instrument shall remain in full force and
effect.
4. Enforcement. Grantor expressly acknowledges that a violation of the
terms of this instrument could result in the following:
(i) upon determination by a court of competent jurisdiction, J io nthe isssuuan e nri nal
and civil penalties, and/or equitable remedies, including, but
ctive
relief, such injunctive relief could include the issuance of an order to modify or remove
any improvements constructed upon the Facility Land or Credit Land in violation of the
terms of this Restriction/Easement; and
(ii) in the assessment of penalties and enforcement action by the Local Approving
Authority and DEP to enforce the terms of this Restriction/Easement, pursuant to Title
5; M.G.L. c.111, §§ 17, 31, 122, 124, 125, 125A, 127A through 1270, and 129; and
M.G.L. c. 83, §11.
S. Provisions to Run with the Land. This Restriction/Easemenththe Facility
forth the
rights, liabilities, agreements and obligations upon and subject to
Land and Credit Land or any portion thereof, shall be left unimproved or according to
which said Facility Land and Credit Land may be improved, held, used, occupied,
leased, sold, hypothecated, encumbered,�shall row� the FaciliThe rights, ty Land and Credit
agreements and obligations herein se
Land, as applicable thereto, and any portion thereof and shall inure to the benefit of
and be binding upon Grantor and all parties claiming by, through or under the Local
Approving Authority or Grantor. The rights hereby granted
tho the Local uy covenants frog
Authority to enforce this Restriction/Easement and
for
himself/herselffitself and his/her/its executors, administrators,
Credit successors
a applicable
assigns, to stand seized and hold title to the Facility La a
thereto, and any portion thereof, subject to this Restriction/Easement,
result in a forfeiture or
however, that a violation of this Restriction/Easement
reversion of Grantor's title to the Facility Land or Credit Land, as applicable thereto.
6, Concurrence Presumed. It being agreed � intor and all accord with the
claiming by, through or under Grantor shall be deemed
provisions herein set forth and to agree for and among themselves and any party
-3 -
claiming by,
through or under them, and their respective agents, contractors., sub-
contractors and employees, that the Restriction/Easement herein established shall be
adhered to and not violated and that their respective interests in the Facility Land and
livable thereto, shall be subject to
the Credit Land and the Restriction/Easementas app
the provisions herein set forth.
7. Incorporation into Deeds. Mort es leases and Instruments of Transfer.
Grantor hereby agrees to incorporate this Restriction/Easement, in full or by reference,,
into all deeds, easements, mortgages, leases, licenses, occupancy agreements or any
other instrument of transfer by which an interest in and/or a right to use the Facility
Land or Credit Land, or any portion thereof, is conveyed.
8. Recordation. Grantor shall record and/or register this
Restriction/Easement with the appropriate Registry of Deeds and/or Land Registration
office within 30 days of the latter of: receipt from the Local Approving Authority of the
approved Restriction/Easement or the expiration of
sh-dll fi DwEP ithon��v e
approval penal pursuant to 310 CMR 15.216. Grantor of this Restriction/Easement
Authority and the DEP a certified Registry co PY
as recorded and/or registered within 30 days of its date of recordation and/or
registration.
9. Amendment and Release. This Restriction/Easement may be amended or
released only upon approval by the Local Approving Authority. Release of this
Restriction/Easement shall be granted by the Local Approving Authority in the event the
Facility Land is connected to a municipal sewer system and the septic system serving
the Facility Land is abandoned in accordance with 310 CMR 15.354 or the Facility Land
is no longer fatal within a nitrogen sensitive area pursuant
3 appropriate
e y
such amendment or release shall be recorded and/orregisteredof said
Registry of Deeds and/or Land Registration Office and a certified Registry copy
amendment or release shall be filed with the Local Approving Authority and the DEP
within 30 days of its date of recordation and/or registration.
10. Term. This Restriction/Easement shall run in perpetuity and is intended to
conform to M.G.L. c. 184, §26, as amended.
li. Rig Reserved. This Restricction/Easement is granted do the Local
Approving Authority in connection with the approval of a Nitrogen Loading Facility
Aggregation Plan pursuant to 310 CMR 15.216 and the Department's"Guidelines for
Title 5 Aggrega
tion of Flows and Nitrogen Loading." It is expressly agreed that
acceptance of the Restriction/Easement by the Local Approving Authority or
constructive approval of the Nitrogen Loading Facility Aggregation Plan by DEP shall not
operate to bar, diminish, or in any way affect any legal or equitable right of the
Location Approving Authority or DEP to issue any future order with respect to the
Facility Land or Credit Land or in any way affect any other claim, action, suit, cause of
action, or demand which the Local Approving Authority or DEP may have with respect
-4-
thereto. Nor shalt acceptance of the Restriction/Easement serve to impose any
obligations, liabilities, or any other duties upon the Local Approving Authority.
12. Effective Date. This Restriction/Easement shall become effective upon its
recordation and/or registration with the appropriate Regisay of Deeds and/or Land
Registration Office.
WITNESS the execution hereof under seal this day of
2003.
u N. Morin,Trustee
COMMONWEALTH OF MASSACHUSET'fS
Barnstable, ss. lAcO.n,'6.-�- IN , 2003
Then personally appeared the above-named Jacques N. Morin,Trustee of Lawton Hills
Realty Trust, and acknowledged the foregoing instrument to be his free act and deed,
before me
C
a.
Notary Public `.
My commission exprres:
um, own-
MIT
aE'C
TV
— 5 -
The Board of Health of the Town of Barnstable hereby approves and accepts this Grant
of Title V Nitrogen Loading Restriction and Easement.
a
V
Chairm
Date—If f(4C22-
1237403.2
6-
r v�
FEB-:-7-2004 09 :57 AM DOWN CAPE ENGINEERING 508 362 9880
COMMONWEALTH OF MASSAC iUSETTS
EXECUTIVE OFFICE OF ENVT RONMENI`AL AFFAIRS
lug DEPARTMENT OF ENVIRONMENTAL PROTECTION
SOUTHEAST REGIONAL OFFICE
20 RIVERSIDE DRIVE,LAKEVILLE,MA 02347 508-946-2700
MIT^RONIIVEY ELLEN ROY SERUMMER
Secretary
Governor
LMY HEALEY ROBS"W.GOLLEDGE,Jr.
Comaaleeloaer
Lieutenant oovernor
November 12, 2003
Thomas McKean RE: BARNSTABLE--Subsurface Sewage
Barnstable Public Health Division Disposal-Proposed Nitrogen Loading
P.O.Box 534 Aggregation Plan-310 CMR 15.000
Hyannis,Massachusetts 02601 "Title 5 of The State Environmental
Code"for Lawton Hills Subdivision,off
and Shoot Flying Hill Road,TransUAttkd
#W041616
Jacques N.Morin,Jr.
Lawton Hills Realty Trust
1597 Falmouth Road,Suite#4
Centerville,Massachusetts 02632
Dear Mr.McKean and Mr.Morin:
The Southeast Regional Office of the Department of Environmental Protection has
completed a review of the application for approval of a facility aggregate nitrogen loading plan
for the above-referenced facility submitted in accordance with 310 CMR 15.216. The
application included unexecuted copies of the Grant of Title 5 Nitrogen-Loading Restriction and
Easement on Credit and Facility Land documents. In addition,the application included
supporting calculations and a plan titled:
"LAWTON HILLS
SUBDIVISION MODIFICATION PLAN OF LAND IN
WEST BARNSTABLE,MASSACHUSETTS
PREPARED FOR
BAYBERRY BUILDING COMPANY
BEINO A DIVISION OF LOT 3C AS SHOWN ON LAND COURT
PLAN 22556 F AND LOT 5 AS SHOWN ON LAND COURT
PLAN 22556 B
AUGUST 27,2001 SCALE: 1"=40'
PREPARED BY
STEPHEN J.DOYLE AND ASSOCIATES
42 CANTERBURY LANE,EAST FALMOUTH,MA 02536"
This information id available in athr"%te t0rtrat-CaU Apr*)M¢Cabb ADA Coerdio-+tt st 1. 17 3Sbe171-TDD Service•]-660$!>}�207•
DEP on the VVWd Wide WeD; h1tWA M -M6G94Gv)dep
Panted on Rewlea Paper
l
FED-27-2004 09 :57 AM DOWN CAPE ENGINEERING 508 36Z vtsuu
2
It is the opinion of the Department that the requirements for approval of the bfer by
aggregate nitrogen-loading plan have been adequately addressed. The Department
approves the plan as proposed subject to the following conditions:
l. The dwellings located on the lots covered under the facility aggregate nitrogen-loading
plan are limited to the number of bedrooms noted in the Nitrogen Loading Restriction
and Easement.
2. The credit land is restricted from further nitrogen loading in accordance with the
Nitrogen Loading Restriction and Easement. ant has a roved any
IThis approval shall not be construed to mean that the Departm � on this
proposed subsurface sewage treatment and disposal system to service dweWng
lot. Permitting of such system fall within ttie jurisdion of the other and approval of the Propoble Board sed
Health. In the event that a variance or anyther rev
systems is required,the appropriate applications should be submitted to the Department
after local review and approval. the
4. Consistent with the terms of the Nitrogen Loading Restriction and ase t, Land
applicants)must file a certified Registry COPY of both the Facility
Nitrogen Loading Restriction and Easement,with both the Barnstable Board of Health
and the Department within thirty(30)days of recording.
The issuance of this approval does not relieve the involved parties from complying with
any applicable Massachusetts and local laws and regulations.
If you have any questions,please contact Christos Dimisioris at(5 946-2736.
Very truly yours,
' D V'
J tv
Briars A.Dudley
Bureau of Resource Protection
D/CD/bb
cc: Dan 0jala
Down Cape Engineering,Inc.
939 Route 6A
yarmouthport,MA 02675
ecc: DEP-Boston
Watershed permitting Program,Title 5 Section
DEP-SER0
ATTIC-Anne Bingham
5
+
F J-4
E 4ND COL
QUITCLAIM DEED
1, JACQUES N. MORIN,of 300 Bearses Way,Hyanrus, Massachusetts 02601, for
nominal consideration paid of less than One Hundred ($100.00) Dollars, grant to JACQUES N.
MORIN, TRUSTEE OF LAV 49ON RILLS REALTY TRUST- 1,under declaration of trust of
even date and record herewith, having an address of 300 Bearses Way, Hyannis, Massachusetts
02601, with QUITCLAIM COVENANTS,
That certain par-cc] of land situate in Barnstable (West) in the County of Barnstable and
Commonwealth of Massachusetts, bounded and described as follows:
Southeasterly by Shoot Flying Hill Road, one hundred eight (108) feet;
Southwesterly by Lot 4,one hundred twenty (120) feet;
Northwesterly by a portion of Lot 15,one hundred thirty-three (133) feet;
Northeasterly by Lawton Lane, ninety-five (95) feet; and
Easterly by the junction of said Lane and said Road, thirty-nine and
27/100 (39.27) feet.
All of said boundaries are determined by the Court to be located as shown on subdivision
plan 22556-B dated November 1961, drawn by Whitney& Bassett, Engmders, and filed in the
Land Registration Office at Boston, a copy of which is filed in Barnstable County Registry of
Deeds in Land Registration Book 243, Page 85, with Certificate of Title No. 31315 and said land
is shown thereon as Lot 5.
Said lot is subject to and has the benefit of the rights and casements set forth in
Certificate of Title No. 31315 insofar as the same are in force and applicable.
There is appurtenant to said lot the right to use the whole of the way on the westerly side
approximately shown on said plan from said Shoot Flying Hill Road to the Town Layout as
shown on said plan;also the night to use the 40 foot private way shown as Lawton Lane on said
plan, said rights to be exercised in common with all other persons lawfully entitled thereto in and
over the same.
For my title, see Certificate of Title No. 157381.
The consideration for this conveyance is such that there are no deed excise taxes payable
under Massachusetts General Laws Chapter 64D.
[signatures begin on next page]
L
I
c
WITNESS my hand and seal this /l '� day of April, 2002.
qu sMorin
COMMONWEALTH OF MASSACHUSETTS
Barnstable, ss. April , 2002
Then personally appeared the above-named Jacques N. Morin and acknowledged the
foregoing instrument to be his free act and deed, before me
No
tary Public
My commission expires: SN�tRI
lV1Y COMMISSIO PUBLIC
AUG. 5, 2005
1081555.1
�BARNSTABLE COUNT%--
REGISTRY OF DEEDS
A TRUE COPY,ATTEST
<s L V1, `
jONN F.MEADE,RECIST€R
RRNSTQR�.E REGISTRY p� pFEDS
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1