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HomeMy WebLinkAbout0064 HARBOR ROAD - - 'a �- �U � --/ 7oZ- err/ �,�� i o k� `r\ 1 `\' i \ FTC.. EiG:+ ��':�' a\[ V - 1 OF t HE r0 . Town of Barnstable + BARNSTABLE, : Inspectidnal Services Department MASS. BARNSTABI,E y� i639• s0 Brian Florence, Director/Building Commissioner s-,& -'h -pNR�g 8 M A , �sm,•ius c 9 zo a+swns.s� 200 Main Street, Hyannis, MA 026017, Office (508)862-4038 Fax(508)790-6230 January 8, 2021 Attorney Bernard T. Kilroy 67 School Street P.O. Box 960 Hyannis, MA 02601 VIA EMAIL: bkilroy@comcast.net comcast.net RE: 64 Harbor Road,Hyannis, MA 02601 Dear Mr. Kilroy, Thank you for your letter concerning the subject property and dated December 15, 2021. In your letter you opine that the property is a lawful pre-existing three-family use under the provisions of M.G.L. c. 40A § 7. After a careful review of the facts submitted by you and the records available to me I have determined that the structure is in fact a lawful pre-existing, nonconforming three-family dwelling. Please be advised that this determination is for zoning purposes and does not constitute an approval under 780 CMR or M.G L. c. 143 for building code purposes and further, that the property continues to be subject to all provisions of the building code in effect as of 2000. Re Brian Floren Director of Inspectional Services/Building Commissioner www.town.barnstable.ma.us 1 tNE Town of Barnstable � Site Plan Review �ft- m\ B�AAM 200 Main Street, Hyannis,MA 02601 BAMASS �i5 bN 1639. � www.town.barnstable.ma.us Office: 508-862-4679 May 20, 2021 Ms. Elaine Ferreira dos Santos 791 Pitcher's Way Hyannis, MA 02601 Proposal: Home office for DL Cleaning Dear Ms. Ferreira dos Santos , Please be advised that the I have determined that the addition of a home office for DL Cleaning located at 791 Pitcher's Way, Hyannis, is of no significant detriment to the achievement of any of the purposes set forth in § 240-46 and to any of the purposes outlined in § 240-99 which require Site Plan Review approval. This letter is specific to Site Plan Review and no other regulation. You will need to register as a home occupation and are required to comply with all home occupation regulations. You must obtain any and all other applicable permits, licenses and approvals required. Sincerely '— V Brian Ftorenc CBO Building Com issioner i Town of Barnstable Building Department Services Brian Florence, CBO Building Commissioner CA, LE 200 Main Street Hyannis, MA 02601 """��J FRPWvT!B:FJ www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Notice of Zoning Ordinance Request for Enforcement Denial 11/29/2021 Paul Revere III, 226 River View Lane, Centerville, MA 02632 and all persons having interest in this notice: I am in receipt of a request for zoning enforcement alleging construction within a garage. This request, in accordance with M.G.L. c. 40A § 7 concerns the property located at 71 Sunset Lane, Barnstable, MA 02630,.Assessors Map 301 Parcel 024. Please be advised that your request for enforcement is DENIED. Summary of Request for Enforcement: In your request for enforcement you allege that work is being performed on the interior of the house including work in the garage which would be a violation of properties Special Permit and specifically ask that I check into this matter. Summary of Reason(s) for Denial: Your request for enforcement is denied in accordance with M.G.L. c. 40A § 7 for the following reasons: Upon review of the special permit and an inspection of the interior of the structure it was determined that work was being performed in the kitchen and the garage was being used to store items from the kitchen as well as some construction debris. Further, it is determined that the work being performed does not require a permit and that no expansion of living space is being created. If you have been aggrieved by this determination, you may make an appeal to the zoning board of appeals by filing with Town Clerk as well as the Planning and Development Department of the Town Barnstable, specifying the ground thereof within thirty (30) days of the receipt of this notice in accordance with Chapter 40A Section 15 of the Massachusetts General Laws. Regards, Brian Florenc Building Co issioner 7 Town of Barnstable � E Building Department e Brian Florence, CBO Building Commissioner snxxsrnaLE, BARNSTABLE 9 MAC 1639. �$ 200 Main Street, Hyannis MA 02601 ♦ isi9-zma fp Mp►ta www.town.barnstable.ma.us � Office: 508-862-4038 Fax: 508-790-6230 Notice of Zoning Enforcement DENIAL April 26, 202I Denise,Wiinikainen 178 Cammett Way Marston Mills, MA 02648 Dew Denise Wtinikaincri;, As you know we are in receipt of several requests for enforcement from you, and your neighbors with you as their representative regarding the property located at: 179 Old Falmouth Road in Marstons Mills. This response will be separated into specific categories for clarity and convenience. The issues you identified are subject to three(3) separate regulations: 1. The Massachusetts State Building Code(Reference M.G.L. 143 & 780 CMR) 2. -The-Town of Barnstable Zoning Ordinance 3. The Sanitary Code We will address each of your concerns by quoting your question in italics followed by our answer in paragraph format. 1. Fence installation(Building Code) a.: What y pe offence is pe.rmittecl? There are no restrictions on what type or style of fence can be installed. In other words a slat fence, as in this case is acceptable in accordance with the ordinance as well as the building code. b. What are its regulations regarding height and set back from our property line? Zoning does not regulate the height or setback limits of a fence. The building code does regulate permitting requirements-based upon height. I have determined that the fence sections being installed that are 7' and shorter can be installed as of right without permitting, all sections that are greater than 7' will need to be properly permitted through the Building Division(*780 CMR Sec. R105.2(2)), 2. Road Work(Zoning) a. A road is being created This response is multifaceted in that it addresses several of your more serious concerns. The road, the turn-around and the driveway all relate to an original approved subdivision plan created in 1/13/06 and a subsequent Planning Board decision which allowed the original subdivision to be modified. Specifically, when the subdivision was created it was created with a certain number of residential parcels and a road(Cammett Way)that went from Cammett Road through to Old Falmouth Road, both located in Marstons Mills. When the subdivision plan was modified it was modified so-that the-remaining undeveloped parcels could be eliminated and replaced with an agricultural use(an equine farm) which created a dead end road at the juncture of 178 and 189 Cammett Way and beginning with the farm parcel b. They are planning to put a paper turn around tee at the end of Cammett Way which is a private road. e. What is a paper-turn-around tee planned by the company at the dead end of Cammett Way, what is its intended purpose, and how can it be created on our private road without notification,feedback, and consent of the property owners of the road? [see also the answer to d. below] During the subdivision modification approval process the Planning Board properly determined that because Cammett Way would now come to a dead end, a turn-around would need to be installed (typical)in order to accommodate emergency response vehicles. Cul-de-sac's are the more common£orm,of turn arounds,however;tee shaped turn-arounds are sometimes permitted by Planning Boards. That is what was not only approved,but required by the Board at that time. Again,the purpose of prohibiting dead end roads is emergency response. In order to allow emergency response(and plows)access to all parcels on a street(ingress)as well as to provide a way out(egress)a turnaround of some sort is required. d. In past years regarding the property in question, the abutters and surrounding neighbors have been notified buy LISPS During the Planning Board's original subdivision hearing and the subsequent Subdivision Plan Modification hearings,the abutters were notified by the Planning Board and were given an opportunity to make public comment. Therefore,notification&feedback were properly given/allowed at a public hearing and the consent of the property owner was given when they applied for and received approvals by the Board. It is important to note that notice to abutters is only given in advance of a public hearing such as the Planning Board. Notice is not required or given for permits that do not need a public hearing. Since the approvals/requirements for the road work were already heard and approved they carry through to today and because there is no requirement for additional public hearings there is no requirement for notification to the abutters. 3. Agricultural Use{Zouiug) a. Is the business zoned as a commercial or residential property b. What is the Cape Cod Oyster Company operating as? c. A commercial business. d. An agricultural/aquaeultural growing and/or processing plant? e. We understand that the oyster company may be exempt from the residential zoning laws. j: What is permitted in the property regarding its zoning: heavy equipment, commercial trucks etc. and are there any restrictions regarding its zoning? g. What are the operating hours? All of the above questions speak to what is regarded as an agricultural use under M.G.L. c. 40A §3 -Subjects which zoning may not regulate; exemptions and the Town of Barnstable Zoning Ordinance §240-8 A(3) Exempt Uses. For purposes of this discussion it is important to understand two concepts: 1. That Districts are zoned not individual parcels. For example the corridor of Route 28 in Centerville from Old Stage to Phinney's Lane is in an FIB (commercial)Zoning District whereas all of Cammett Road, Cammett Way and Old Falmouth Road are in the RF Zoning District. (Response to question a) That means that your property and the property where Cape Cod Oyster is located is in the RF(Residential F)Zoning District. 2. That there is a distinction to be made between"commercial"and"aquaculture"uses. While aquaculture has a commercial component to it, it is not a viable exempt use without growing and processing of the product for sale. A strictly commercial use does not require growing or processing at all therefore a commercial use by itself does-not enjoy zoning exemptions. (Response to question c&d) (Response to question b) Cape Cod Oyster Company operates as an aquaculture use and they are involved in the growing and processing of shellfish. (See E bit 17), (Response to question e)!Cape Cod Oyster Company is allowed by the Commonwealth and the Town of Barnstable to operate as an aquaculture use within a residential district because in essence the Commonwealth prohibits the Town from regulating the use;so they are exempt from all zoning (not just residential zoning). While zoning does not apply to the aquaculture use the Commonwealth allows the Town to impose reasonable dimensional(bulk) regulations such as: height and setbacks. Reasonable regulations were imposed during the subdivision approval and building permit processes. (Response to question fig There are no restrictions on the type of equipment except that it must reasonably be used in the aquaculturc use. For example: a crane is not typical for a shellfish growing or processing operation, so a crane being stored on site and not being used for aquaculture purposes would be prohibited. However, if the operators needed to install a large tank or piece of equipment and needed a crane for a period of time,that would be typical and allowed. The only"heavy equipment"that our inspectors found on site during our inspections was a forklift. A forklift is typical and customarily incidental to a shellfish type of operation (Response to question p There were no operating hours imposed upon the facility during the Planning Board hearings and I doubt that they could be considered reasonable"bulk"regulations. The hours of operation do not have anything to do with height or setbacks and most farming type businesses work early morning and late evening work schedules. 4. Encroachment(Zoning-Alleged) a. You mentioned that you observed"the clearing of some of my bushes"in your correspondence. I have determined that this is a private property dispute and a civil matter. The Town has no authority to enforce encroachment between private parties. Based upon our most recent conversations I assume this resolved, but if it hasn't you may want to contact an attorney to assist you. If you do not know of one you may contact the Barnstable County Bar Assn. Referral service at: (508) 362-2121. 5. Use of the property(Zoning) a. You asked a question regarding operations and the possible expansion. I have determined that the company is operated under Cape Cod Oyster Co. Inc. and was established in 1983 and has private aquaculture permit with the Commonwealth of Massachusetts Division of Marine Fisheries. The permit specifically allows for culling, oyster seed sales and overwintering. I have determined that there has been no expansion of the use and that the building and use have been properly permitted through the Commonwealth of Massachusetts and Town of Barnstable permitting processes. 6. Seashells (Sanitary Code) a. Recently shells have been spread south away from the oyster company in the direction of the dead end and our neighborhood. i. We have concerns about increased odor ii. rodents and other wildlife iii. Do the oyster shells located on the property pose a threat to our water quality? I met with Health division staff to discuss your concerns related to the sea shells. As you probably know shells are commonly used on Cape Cod in place of aggregate to create a hard packed surface for driveways. These shells are typically a by-product of the restaurant industry and their suitability for use in restaurants are monitored through the shellfish industry. It is unlikely that there is any reason to be concerned for groundwater due to shell decay because bacteria in the soil would consume any organic material going onto the soil before it can get beyond the very top layer of soil. Shells being used for a driveway are typically stored at aggregate facilities and so they are exposed to rain and sunlight which typically diminishes odors prior to placement. Considering that Cape Cod Oyster Company produces their own shells it can be expected that there will be odors from time to time after placement. However, odors from shells generally do not last more than a week or so as rain and sunlight"bleaches"the shells and destroys organic material. There were no odors emanating from the shell driveway during our inspection. It is important to note that odor from shells do not violate health regulations. t 7. You asked if there are any permits regarding the use of 277 Cammett Way on file and if not would you be notified. I have determined that the address of 277 Cammett Way is an obsolete address and the correct address for the property is 179A&B Old Falmouth Rd. It is also determined that all structures on the property have been properly permitted through Building Divisions' permit process and the only future notification to abutters would be if there was a requirement for a public hearing as it relates to 179 Old Falmouth Rd. 8. Finally, with respect to rats: Cape Cod has more than its fair share of rats, so much so that I have heard complaints from every village in Barnstable and in Dennis where I worked for over 20 years. Locally I began to look into this issue in 2017 when I first came to Barnstable after a citizen from Marstons Mills made a complaint during pubic information at a Town Council meeting. I have researched this matter into antiquity and it is always the same, Cape Cod is home to loads of rats. The difficulty with the Cammett area is that not only is the Oyster Farm nearby but so too is the Town of Barnstable transfer station, several commercial structures with septic and landscape companies, Cape Resources,horse farms and several water bodies. It is impossible to identify the Oyster Farm as the sole source for this issue and even given a extermination mandate there is no reasonable way to conclude that the issue would be resolved. Building Code Findings: Please reference#1 above: The fence being less than 7' in height does not require a building permit and does not violate 780 CMR,the Massachusetts State Building Code therefore your request for building code enforcement of the fence is DENIED. * And, if aggrieved by this notice you may file a Notice of Appeal specifying the grounds thereof with the State Building Code Appeals Board within forty-five(45)days of this notice in accordance with MGL 143 c. 100 and 780 CMR. Zoning Findings: Please reference#'s 2, 3, 4 &5 above: Concerning the request for zoning enforcement, as the road work was properly permitted,the agricultural use is exempt from zoning; encroachment is a civil matter between private parties and the use of the property is lawful your request for zoning enforcement is DENIED. ** And, if aggrieved by this notice and order, you may file an appeal with the Town Clerk of Barnstable, specifying the ground thereof within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). Sanitary Code: Again this is no guarantee but you can ask the health division to investigate this matter to see if an extermination order will help. They can be reached at: (508) 862-4644 Respect fi ly, Brian Florence Building Commissioner vakni �G'S Ib'� �12;�eK Rmd Town of Barnstable r Building Department • auwar�, u g P Brian Florence, CBO A Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Re: Multi-family (5-year Certificate) Dear Property Owner, Attached is an application for a Certificate of Inspection (COI) required by 780 CMR the Massachusetts State Building Code, Ninth Edition Chapter 1- Section 110.7 which reads. 110.7 Periodic Inspections. The building oicial shall inspect periodically existing buildings and structures and parts thereof in accordance with Tabk 110 entitled Schedule for Periodic Inspection of Exisfing Buildings Such buildings shall not be occupied or continue to be occupied without a valid cerYii Cate of inipection. Please complete the application and return it to the Building Commissioner's Office with the required fee (amount as set on the top right-hand corner);the fee must be paid before the Certificate of Inspection may be issued. Generally periodic inspectons are unannounced; however you may feel free to contact us for inspection once the application fee is paid. For your convenience,we will be inspecting common areas,corridors, stairways, community rooms, emergency lights, exit signs to ensure that the batteries and lighting are functional and making sure that the doors work and the exits are clear.You will need to have any fire extinguishers and fire alarm systems inspected and tagged as appropriate a copy the technicians reports onsite for the inspection. If you would like to have your COI application emailed please provide an email on the Certificate of Inspection Application. Sincerely, 1 Brian Florence, C$O Building Commissioner jcoiletmf "Ft Town of BarnstableBuilding �;it3nsrsta�xe :1, Post This Card So That it is Visible From the Street-Approved Plans Must be Retained on Job and this Card Must be Kept wMA, �Q/j Posted Until Final Inspection Has Been Made. Where a Certificate of Occupancy is Required, such Building shall Not be Occupied until a Final Inspection has been made. PU Permit No. B-17-3974 Applicant Name: CAREY,JEANNE S TR Approvals Date Issued: 11/27/2017 Current Use: Structure Permit Type: Building-Shed-Residential-200 sf and under Expiration Date: 05/27/2018 Foundation: Location: 64 HARBOR ROAD, HYANNIS Map/Lot: 306-172-001 Zoning District: RB Sheathing: Owner on Record: CAREY,JEANNE S TR Contractor Name: Framing: 1 Address: CAREY TRUST Contractor License: 2 HYANNIS PORT, MA 02647 . Est. Project Cost: $ 0.00 Chimney: Description: 8x12 Shed Permit Fee: $ 35.00 Fee Paid: 535.00 Insulation: Project Review Req: - Date: 11/27/2017 Final: ` Plumbing/Gas Rough Plumbing: Building Official Final Plumbing: This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months after issuance. . Rough Gas: All work authorized by this permit shall conform to the approved application and the approved construction documents for which this permit has been granted. All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning by-laws and codes. Final Gas: This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for public inspection for the entire duration of the work until the completion of the same. Electrical The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Fire Officials are provided on this permit. Service: Minimum of Five Call Inspections Required for All Construction Work: 1.Foundation or Footing Rough: 2.Sheathing Inspection 3.All Fireplaces must be inspected at the throat level before firest flue lining is installed Final: 4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection 5.Prior to Covering Structural Members(Frame Inspection) Low Voltage Rough: 6.Insulation 7.Final Inspection before Occupancy Low Voltage Final: Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Health Work shall not proceed until the Inspector has approved the various stages of construction. Final: "Persons contracting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A). Fire Department Building plans are to be available on site Final: All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT II Town of Barnstable LVv— AWE Building Department Services Brian Florence,CBO s�xas sa M I Building Commissioner 1 V-1 �16 39. ��� 200 Main Street, Hyannis,MA 02601 / www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 (i PERMIT# .I FEE: $35.00 SHED REGISTRATION RESIDENTIAL ONLY 200 square feet or less hcuL s Location o shed(address). Village 2-) ,6 --s- �Property owners name Telephone number CID _ Size.of Shed Map/Parcel I� w � Si tore ' - Date Hyannis Main Street Waterfront Historic District? Old King's Highway Historic District Commission jurisdiction? You must file with Old King's Highway Conservation Commission(signature is required) /`NV`J Sign off hours for Conservation 8:00-9:30&3:30-4:30 PLEASE NOTE: IF YOU ARE WITHIN THE JURISDICTION OF ANY OF THE ABOVE COMMISSIONS,THERE MAY BE A REVIEW PROCESS AND APPLICATION FEE. PLEASE SEE THE APPROPRIATE COMMISSION FOR DETAILS. THIS FORM MUST BE ACCOMPANIED BY A PLOT PLAN Q-forms-shedreg REV:08/6/17 I� y APPROVAL UNDER SUBDIVISION *RN CONTROL LAW NOT REO IRED &F Z4 9 2e AN1983 LOCUS SCALE--.a"=-2M K - - BARNSTABLE P IN , NN O 1 2 3 4 BOARg.. l>. DATE' zortlNG-RB ca c6 Ca Cs / WARREN AVENUE PUBLIC 40' WIDE G / B N 9"29'00° 2 ' / IOO.00 119.13 w LOT ( = LOT 2 3 (per , 13,414S.F. Os} 12,014S.F 0 ro N - — f0 QO O Qa Ma p r0 0to ry a beo a - PETITIONER o y ❑ DENNIS M. CAREY 8 3 JEANNE S. CAREY p m 3 1 p 6 HYANNISPORT,MA. 02647 a o S 79'29'00° W 160.00' N 2 a - - OWNE-R = ro DOMINIC S. TROMBETTA' " 64 i1ARBOR ROAD �- HYANNIS, MA. 02601 Z a co - DEED BK.1488 PG.1141 6 N LOT' 3 !/i� 14'932 S.F. Q / 0 - Q co '40.00' 111.56 S 79'21'50% 151.56, I CERTIFY THAT THIS P4AN WAS MADE TO CONFORM TO THE RULES AND REGU- e�r``"Q` LATIONS OF THE REGIS- 's co. Pam! OF LOP a.d-12 IN TERS OF DEEDS 4/5/83 f o' BARNSTABLE PAM �. OWNM BY • E�yKor,, DOMINIC S. TROMBETTA /b3 FlNNR CONEBY I$BREMER j71N€ o F"NN _ CENTUMLLE,L414.&02632 xc mif "• � �3 MM I JN=40f.4/5/83 ao 4 1 �� TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION ♦. Map Q Parcel Application . Health.Division Date Issued Conservation Division Application Fee Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board �1 Historic - OKH _ Preservation / Hyannis Project Street Address Village V�44 c3 Owner FCCLLCI-lAddress f ��d�� ��.•&A A&Z Telephone 5 1:2 Permit Request o pC DO-sq. t4 L 77 947710ov— f3 Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation-1 qQO Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family (# units) Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ❑ No Basement Type: Full ❑ Crawl ❑Walkout ❑ Other Basement Finished Areas .ft. Basement Unfinished Areas .ft Number of Baths: Full: existing new Half: existing new �mber of Bedrooms: existing —new Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑ Gas ❑ Oil ❑ Electric ❑ Other Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing ood/coal sfove: �Yes ❑ No Detached garage: ❑ existing ❑ new size_Pool: ❑ existing ❑ new size _ Ban 0 existing ❑ new size_ a Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size _ Other Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ ' ry Commercial ❑Yes ❑ No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name t3CLICa. f-//s Telephone Number`C?F© - ��6 Address �D d� &S License # � n1!S XdS!: C 6� / Home Improvement Contractor# Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO E4� YtPc�470oyfi N, SIGNATURE DATE / ��� t r , FOR OFFICIAL USE ONLY APPLICATION# DATE ISSUED MAP./PARCEL NO. . : ADDRESS VILLAGE ! OWNER DATE OF INSPECTION: 'FOUNDATION t FRAME ' INSULATION' a FIREPLACE 's ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: - ROUGH---.. --- : s FINAL FINAL BUILDING',_ t i e ,y r . DATE CLOSED OUT f ASSOCIATION PLAN:NO. k t / t s \ The Commonwealth of Massachusetts t ! Department of Industrial Accidents Office of Investigations 600 Washington Street i. Boston, MA 02111 c www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name(Business/Organization/Individual): e Address: Od �,, d\ U City/State/Zip: ss' ' Phone Are you an employer? Check the appropriate box`. Type of project(required): 1,❑ I am a employer with 4. ❑ I am a general contractor and I 6. New construction employees (fill]and/or part-time).* have hired the sub-contractors . 2.$kI am a sole proprietor or partner- listed on the attached sheet t ?• ❑ Remodeling ship and have no employees These sub-contractors have S. ❑ Demolition working for me in any capacity. workers' comp. insurance. 9. ❑ Building addition [No workers' comp, insurance 5. ❑ We are a corporation and its required.] officers have exercised their 10.❑ Electrical repairs or additions 3.El am a homeowner doing all work right of exemption per MGL I I_.❑ Plumbing repairs or additions myself. [No workers' comp. c. 152, §1(4),and we have no 12'VZ Roof repairs insurance required.] t. employees. [No workers' 137 Other comp. insurance required.] *Any applicant that chccks box#1 must also fill out the section below showing their workers'compensation policy information. I Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. 'Contractors that check this box must attached an additional shect showing the name of the sub-contractors and their workers'comp.policy information.. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Policy#or Self-ins. Lic.#: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required u4r Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hergby certify under the pains P111penaltie ofperjury that the information provided above is true and correct afore: 4E C Si D ate: Phone#: � Official use only. Do not write in this area,to be completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): 1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector S. Plumbing Inspector 6. Other Contact Person: Phone#: Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is defined as "...eve person in the service of another under c "...every an contract of hire P y , express or implied, oral or written." An employer is defined as"an individual, partnership,association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased em ployer, or the receiver or trustee of an individual,partnership, association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance construction or repair work on such dwel ling house P g or on the grounds or building appurtenant thereto shall not because.of such employment be deemed to bean employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable avidence of com liance with the insurance coverage " PP P P prequired." 4 Additionally, MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." " I Applicants Please fill an out the workers' compensation affidavit completely, by checking the boxes that applyd to your situation , if necessary, supply sub-contractor(s)name(s),address(es)and phone number(s)along with their certificates)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees, a policy is required. -Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number Iisted below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that'the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition, an applicant that must submit multiple permit/license applications in any given year, need only submit one affidavit indicating current policy information(if necessary) and under"Job Site Address"the applicant should write"all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year. Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to bum leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address, telephone and fax number: " The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,W. 02111 Tel. # 617-727-4900 ext 406 or 1-8,77-MASSAFE Revised 5-26-05 Fax # 617-727-7-.749 www.mass..gov/dia i .. 5"Ef`' ! Town of.Bariastable Regulatory Services • sAAMMABLY— t MAB- Thomas F. Geiler,Director �rEo � Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.b arnstab le.ma.us Office: 508-862-403 8 Fax: 50 8-790-6230 Property O rner Must Complete and Sign This Section If Using ABuilder as Owner of the s*ect.property hereb authorize Y to act on my behalf, in all matters relative to work authorized by this building permit application for. (Address of Job) Signature of Owner Date Print Name If Property Owner is applying for permit please complete the Homeowners License Exemption Form on -the reverse side. Q:FORMS:O WISERPERMISS)ON Town of Barnstable yam. o Regulatory Services 41 sAxrrsuste Thomas F. Geiler,Director 16 p. Building Division prED �k Tom Perry,Building Commissioner 200 Maia•Street,_Hyannis,MA.02601 „• Rrww.town-barnstable ma-us Office: 508-962-403 8 Fax: 509-790-6230 130NIEOW4 R LICENSE EXEMPTION Please Print DATE: JOB LOCATION: number street village "HOMEOWNER": name home�hanc# work phone# CURRENT MAILING ADDRESS: . I aty/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to aIlow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor_ DEFINMON OF HOMEOwN'ER Persons)who owns a parcel of land on which he/she resides or intends to reside, on which there is, or is intended to be, a one or two-family dwelling, attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year pezod shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official, that he/she shall be responsible for all such work performed under the building r-zrmit. (Section 109:1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes, bylaws,rules and regulations. The undersigned"homeowner"certifies that.he/she understands the Town of Barnstable Building Department r inimum inspection procedures and requirements and that he/she will comply with said procedures and requirements. Signature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOM ovirsER'S F-3cw TI(bN The Code states that "Any homeowner performing work for which a building perrnit is required shall be exempt from the provisions of this section.(Secd6n 1D9.1.1 -Licensing of construction Supanrisors);prmidcd that if the homeowner engages a person(s)for him to do such ww'r,that such Homeowner shall act as supa-visor." ]rlany homeowners who use this rxcrnption are unaw=that they arc assuming the responsibilities of a supervisor(see Appendix Q. Rules&Regulations for Len ren icsing Coasfruetion Supervisors,Section 2.15) This lack of awaess bftea results in serious problems,particularly when the homeowner hires unlicensed persons. In.this case,our Board cannot proceed against the unlicensed person as it would with g licensed Supwvisor. The hom!towner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully¢ware of his/her rtsponnbili-ics,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilitics of a Supervisor. On the last page of this issue is a farm currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. Q:forrris:h omcra:cmpt I c Bn,rrcl ul p�,harTrncnt r,f Buildin," Rc`. Puhlic Construction S ulatinn, ; rf�n uperviso rncl .>Crndar'cl., License: CS 7868-7 r License Restricted to: 00 I BRUCE p MILLS , 16 CROOKED POND HYgN MA RD i 02601 I , C„mnri."funrr ' Expiration: 5/29/2012 Tr: 26675 1 Office of Consumer Affairs&Business Regulation i HOME IMPR.O..YEMENT CONTRACTORi Registration;�-.s 03 Expiration 5 ---0 f30%2Q12 Tr# 294281 TYPe (ndividpal BRUCE P.MILLS = o BRUCE MILLS16 CROOKED POND HYANN 02601 Undersecretary License or registration valid for individul use only before the expiration date. If found return to: Office of Consumer Affairs and Business Regulation 10 Park Plaza-Suite 5170 Boston,MA 02116 Not valid n�jthout signature I - a 3 LETTER OF-'TR(9N3M1TTf9L Date: 2/7/07 Project No. W015 J"" Wave 2 �nvironmental, Inc. Phone(5os)a63-3102 Pax(5os)672-6935 Attention:Ms.Molly Cote Re: RTN#4-16380/ACOP-SE-03-3P-003 64 Harbor Road Hyannis,MA 02601 TO: Massachusetts Department of Environmental Protection Southeast Regional Offices R� 20 Riverside Drive Lakeville,Massachusetts 02347 Z" -� WE ARE SENDING YOU GYAttached ❑Under separate cover via ''ft a following items: ❑ Draft Report W7 Final Report Plans ❑Contract/Proposal U Invoice ❑ Copy of Letter U(Laboratory Data (Ather _W Qp>,vml-3 o r�� O'► Fri COPIES DATE NO. DESCRIPTION 1 1/31/07 Class A3 Response Action Outcome report 1 1/22/07 Registry Certified Activity&Use Limitation(Appendix D) 1 1/31/07 BWSC-104 w/original signatures 1 1/31/07 BWSC-113 w/original signatures THESE ARE TRANSMITTED as checked below: ❑For approval ❑ Sign and return original ❑For review and comment CLY For your information ❑Approved as noted ❑ U As requested ❑ For Payment ❑DOCUMENTS RETURNED AFTER LOAN TO US Remarks: S 7/ I;, rt_B 1 cG�l! D.E.P COPY TO:Mr.Dennis Carey SOUTHEAST REGION Town of Barnstable Town Manager (Cover letter w/AUL only) Town of Barnstable Board of Health(Cover letter w/AUL only) Town-of"Bamstable g ZoninOfficial(Covre letter w/AUL-only): Town of Barnstable_Building Code Enforcement Officer (Cover letter w/AUL only) C SIGNED: JJIUA P.O. Box 1549 ® Fall River,MA 02722 If enclosures are not as noted, kindly notify us at once. The commonwealth ofMassachusetts TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.5, this CERTIFICATE OF INSPECTION is issued to DENNIS M. CAREY Certify that I have inspected the premises known as: 64 HARBOR ROAD MULTI-FAMILY located at 64 HARBOR ROAD in the Village of HYANNIS County of Barnstable Commonwealth of Massachusetts. The means of egress are sufficient for the following number of persons: Use Group Construction Type Location Capacity R2 3 UNITS 1 ONE-BEDROOM 1 TWO-BEDROOM 1 THREE-BEDROOM 47630 7/25/00 7/25/05 Certificate Number Date Certificate Issued: Date Certificate Expired: The building official shall be notified within (10)days of any changes in the above information — — — -- Building Official I / 7z00 / COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION MULTI-FANHLY FIVE-YEAR CERTIFICATE Date (X) Fee Required$g?/, C-2 e.? ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code,Section 106.5,I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: // r Street and Number: C0 )P— R'o j9--�/�t S /�A - Name of Premises: Purpose for which premises is used:MULTI-FAMILY RESIDENTIAL TYPE OF UNITS NUMBER OF UNITS TOTAL STUDIO 1 BEDROOM / 2 BEDROOM f 3 BEDROOM f OTHER Certificate to be Issued to: Address: m A, lJ�6 7 1 1 Telephone: ? 7 Owner of Record of Building: Z ew'll is clofe&f VC ` Address: ti4iS Z_dg % !E7 Name of Present Holder of Certificate: Name of Agent,if any: SIGNATURE OF PERSON TO WHOM CERTMCZT IS ISSUED OR AUTHORIZED AGENT PLEASE PRINT NAME INSTRUCTIONS. 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER, 367 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. f1r:D=Tfl AM W 7 3 FVvm a TTOT%T rn e I'P. 7 /2 .!�—Iz9.�' Town of Barnstable Regulatory Services ' B"RNSTABIM4 ' Thomas F.Geiler,Director 16 9. �`�� Building Division Elbert C Ulshoeffer,Jr. Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 MEMORANDUM DATE: Ul.3l" TO: File REGARDING: COI Multi-Family Use Re: ,iOr Certificate of Inspection is not required for this property--does not consist of or more units within a single structure. Notes: 3 GG� a�i�, ��,r. Di ✓.�.�.�/ � 1�ric�ll'�� d Y 0 APS ® U // 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS 780 CMR: MASSACHUSETTS AMENDMENTS TO THE INTERNATIONAL BUILDING CODE 2009 CHAPTER 10: MEANS OF EGRESS 1001.3.1 Add subsection : 1001.3.1 Maintenance of Exterior Stairs and Fire Escapes. All exterior stairways and fire escapes shall be kept free of snow and ice.Exterior stairways and fire escapes constructed of materials requiring the application of weather protecting products, shall have these products applied in an approved manner and shall be applied as often as necessary to maintain the stairways and fire escapes in safe condition. Weather resistant structural fasteners and connections shall tie the stairways and fire escapes directly into the building structural system. 1001.3.2 Add section: 1001.3.2 Testing and Certification. All exterior bridges, steel or wooden stairways, fire escapes and egress balconies shall be examined and/or tested, and certified for structural adequacy and safety every five years,by a registered design professional,or others qualified and acceptable to the building official;said professional or others shall then submit an affidavit to the building official. 1005.1 Replace exception with these three exceptions: Exceptions: 1. Means of egress complying with section 1028. 2. For other than H and I-2 occupancies,the total width of means of egress in inches(mm) shall not be less than the total occupant load served by the means of egress multiplied by 0.2 inches(5.1 mm)per occupant for stairways and by 0.15 inches(3.8 mm)per occupant for other egress components in buildings that are provided with sprinkler protection in accordance with 903.3.1.1 or 903.3.1.2 and an emergency voice/alarm communication system in accordance with 907.5.2.2 3. For existing buildings that meet all other requirements of Exception 2.,the emergency voice/alarm communication system is not required 1007.4 Add before`section 2.27'and`Chapter 27'this text: '524 CMR and' 1007.4 Add at the end of exception 2.this text: ',unless otherwise required by 521 CMR' 1007.5 Replace the text'in section 1109.7,Items I through 9.'with this text:'per 521 CMR. Platform lifts shall be installed in accordance with 524 CMR.' 1007.6.2 Add an exception 2. 2. Areas of refuge, and areas served by them, if equipped throughout with an automatic sprinkler system installed in accordance with section.903.3.1.1. 1008.1.9.7 Add a second exception to item 4.as follows: Exception 2. In Use Group B buildings where one tenant occupies the entire floor and the building has a security station staffed 24 hours each day,the installation of a door release device may be omitted on egress doors in elevator lobbies provided that all other items in this section are met,and in addition,the following items are met: a. The building is equipped throughout with both a supervised automatic fire sprinkler system and a supervised automatic fire alarm system. b. The supervised automatic fire sprinkler system and the supervised fire alarm system shall interface with the access control system to unlock the doors automatically upon activation of either system. c. The elevator lobby shall be equipped with a telephone connected directly to the staffed security station and a sign having block letters one inch in height shall be provided directly above the telephone and shall state:"In case of emergency,pick up telephone. You will be connected directly to security personnel". 8/6/10 780 CMR-Eighth Edition-65 Phone (508) 863-3 102 Environme-ntal, Inc. Fax(5O8) 672 55 February 2,2007 Bureau of Waste Site Cleanup MA DEPARTMENT OF ENVIRONMENTAL PROTECTION Southeast Regional Offices 20 Riverside Drive Lakeville, MA 02347 Attn: Ms. Molly Cote RE: CLASS A3 RESPONSE ACTION OUTCOME RTN#4-163 80/ACOP-SE-03-3P-003 64 Harbor Road—Barnstable(Hyannis), MA Dear Ms. Cote: As you are aware, on December 14, 1988, the DEP was notified of the release of home heating oil at the multi-family residence located at 64 Harbor Road, in the village of Hyannis, Barnstable, Massachusetts (hereby referred to as the subject Property). Upon notification, the DEP assigned Release Tracking Number (RTN) 4-0732 to track the response actions taken to address the oil release and issued a Notice of Responsibility to the Property owner on February 23, 1989. Various response actions and assessments were subsequently completed by multiple consultants, ultimately culminating in the January 2001 submittal of a Class B2 - Response Action Outcome (RAO) Statement which was audited and found to be deficient by the DEP in January 2003. As a result of the audit, a Request for Immediate Response Action was issued to the Property owner and in September 2003, an Administrative Consent Order (ACOP-SE-03- 3P-003), detailing a time line for the completion of several required response actions, was agreed to by both parties. In January 2005, a report combining an Immediate Response Action Completion (IRAQ, a Phase II Comprehensive Site Assessment, a Phase III Remedial Action Plan (RAP), a Phase IV Remedy Implementation Plan (RIP) and a Final IV Final Inspection and Remedy Operation Status Report was filed by the Property owner with the DEP to document post RAO retraction activities and the resulting Monitored Natural Attenuation (MNA) remedy. It was on this date that Kevin J. Beaulieu, officially became the successor LSP-of-Record, providing direct oversight of all ROS monitoring assessments while under the employment of Kaegael Environmental, Inc., who went out of business in September of that same year. All subsequent work has been completed and issued by the same LSP while being employed by Wave 2 PD box 1549 349 Pountain jtreet �� Pa11 }liver MA02722 Class A3 RAO(January 2007) 64 Harbor Road,Hyannis,MA Page 2 Environmental, Inc. (Wave 2). It is the opinion of this LSP that all work overseen during this time period was completed in a manner that is consistent with the provisions of Massachusetts Contingency Plan (MCP)and all currently accepted standards of practice. Based on a review of historic records,the heating oil release originated from a leaking feed line located below the concrete basement floor of the on-site residential home. The line ran from the former AST located in the northeast quadrant of the basement to the home's heating system located to the southeast. The release discovery triggered several investigations to determine the extent of petroleum contamination and potential exposure risks resulting from same. Response actions completed since site discovery were limited to the removal of the fuel storage and delivery system and the replacement of fuel oil fired heating systems with natural-gas fired units. With the exception of reported free product recovery from on-site wells, Monitored Natural Attenuation has been the only other response action employed to further reduce residual contaminants in groundwater beneath the subject Site. The conceptual site model completed for the subject release by the current LSP describes that the released fuel oil migrated vertically via gravity through a breach in the feed line into underlying soils. As rainwater infiltration above the release area was restricted by the building, it is assumed that the fuel oil percolated vertically via gravity through sub-slab soils until reaching the underlying groundwater table located ten feet below the floor surface. Once encountering the groundwater table, the oil floated on the water table, traveling in the general direction of groundwater flow to the south. Once the oil plume extended beyond the building foundation limits, rainwater infiltration and subsurface conditions furthered its degradation and transport toward the southern and eastern Property limits. Testing of off-site wells installed in 1997 revealed that dissolved site contaminants migrated off site to a distance of approximately 500 feet south and east. Subsequent sampling in 1999 in the same areas found no measurable concentrations indicating that the plume had likely shrunk. As mentioned above, the source of the release (AST and buried fuel line) was immediately eliminated and natural biodegradation mechanisms have since reduced the concentration of oil in the groundwater within the source area to values approaching background levels. With groundwater conditions continuing to improve with time, potentially saturated soils situated above the water table beneath the residential building remain as the sole location of residual contamination resulting from the release. Occasional high water table events may provide some future "washing" of these soils, but without rainwater infiltration to facilitate the absorption of oil, the soils will likely remain impacted until the building is removed. Based on the results of the Method 2 Risk Characterization completed as an essential component to the attached report, it has been concluded that a condition of"no significant risk" of harm to health, public welfare or the environment exists for the subject Site under current use scenarios. In review of the complete Method 2 Risk Characterization, it is recognized that the consideration of site specific conditions played a major role in the risk assessment conclusions. The primary component was the application of the MCP GW-1 exception Class A3 RAO(January 2007) 64 Harbor Road,Hyannis,MA Page 4 prepared. Where available, laboratory reports for data utilized in the calculation of exposure point concentrations or in support of Method 2 Risk Assessment statements have been attached to the report for ease of reference. The appropriate Massachusetts BWSC Transmittal forms, public notice documentation, AUL documents and Feasibility Analysis completes the MCP requirements for this closure option. Specifically, the following have been provided with the attached report: • Registry Attested Activity &Use Limitation(original certified copy) • Proof of Deed Cross/Marginal Reference to AUL • Letters to on-site residents per 310 CMR 40.1074(1)(e)&Certified Mail Receipts • Newspaper advertisement confirmation for AUL filing(cut-sheet to follow) As required by the MCP, public officials must be notified of the filing and availability of this report. In addition, a copy of the recorded AUL implemented as part of this closure is to be provided within 30 days of recording with the Registry of Deeds. As such, by copying this cover letter (with an attached copy of the recorded AUL)to local municipal offices, the public notification requirements mandated by 310 CMR 40.1403(3)f and 40.1403(7) are hereby addressed. The complete RAO with all required documentation is available for review at both the Southeast Regional DEP office in Lakeville, Massachusetts and Wave 2 Environmental, Inc., of Fall River, Massachusetts. If you have any further questions or concerns, please feel free to contact our office at any time. Sincerely, For Wave 2 Environmental, Inc., on behalf of the PRP rua,11, Kevin J. Beaulieu, LSP President Attachments: -BWSC 104- RAO Transmittal Form -BWSC 113—AUL Transmittal Form -Class A3 Response Action Outcome Report cc: Dennis Carey,P.O.Box 1,Hyannisport,MA 02647 Town of Barnstable Board of Health,200 Main Street,MA 02601(Letter w/AUL) Town of Barnstable Town Manager,367 Main Street,MA 02601(Letter w/AUL) Town of Barnstable Zoning Official,200 Main Street,MA 02601(Letter WAUL) Town of Barnstable Building Code Enforcement Official,200 Main Street,MA 02601(Letter w/AUL) f Bic 21716 P--;2A6 23 01-22-2007 Q 01 -55A NOTICE OF ACTIVITY AND USE LIMITATION M.G.L.c.21E,§6 and 310 CMR 40.0000 Disposal Site Name: Residential Property DEP Release Tracking No.(s): 4-0732 This Notice of Activity and Use Limitation("Notice")is made as of this ZZ#"a day of January, 2007, by Mr. Dennis M. Carey and Mrs. Jeanne S. Carey with a mailing address of PO Box 1 in Hyannisport, Barnstable, Barnstable County, Massachusetts 02647, together with their successors and assigns(collectively"Owner"). WITNESSETH: N WHEREAS, Mr. Dennis M. Carey and Mrs. Jeanne S. Carey, are the owner(s) in fec UJ simple of that certain parcel of land located in Barnstable (Hyannis), Barnstable County, a Massachusetts with the buildings and improvements thereon, pursuant to a deed recorded with the Barnstable County Registry of Deeds in Book 3747,Page 267; WHEREAS, said parcel of land, which is more particularly bounded and described in Exhibit A,attached hereto and made a part hereof("Property")is subject to this Notice of Activity and o Use Limitation. The Property is shown on a plan recorded in the Barnstable County Registry of o Deeds in Plan Book 376,Page 63 ; WHEREAS,a portion of the Property("Portion of the Property")is subject to this Notice of Activity and Use Limitation. The Portion of the Property is more particularly bounded and described in Exhibit A-1, attached hereto and made a part hereof. The Portion of the Property is shown on a plan recorded with the Barnstable County Registry of Deeds in Plan Book 614, Page 68 and on a sketch plan attached hereto and filed herewith for registration; WHEREAS,the Portion of the Property comprises all of a disposal site as the result of a release of oil and/or hazardous material. Exhibit B is a sketch plan showing the relationship of the Portion of the Property subject to this Notice of Activity and Use Limitation to the boundaries of said disposal site existing within the limits of the Property and to the extent such boundaries have been established. Exhibit B is attached hereto and made a part hereof;and . WHEREAS, one or more response actions have been selected for the Disposal Site in accordance with M.G.L. c. 2 1 E("Chapter 21E")and the Massachusetts Contingency Plan, 310 CMR 40.0000 ("MCP"). Said response actions are based upon (a) the restriction of human access to and contact with oil and/or hazardous material in soil and/or (b) the restriction of certain activities occurring in, on,through,over or under the Portion of the Property. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion ("AUL Opinion"),dated January 8, 2007,(which is attached hereto as Exhibit C and made a part hereof); NOW,THEREFORE,notice is hereby given that the activity and use limitations set forth in said AUL Opinion are as follows: �7 / 1 Bk 21716 Pg 247 #4423 1. Activities and Uses Consistent with the AUL Opinion. The AUL Opinion provides that a condition of No Significant Risk to health, safety, public welfare or the environment exists for any foreseeable period of time(pursuant to 310 CMR 40.0000)so long as any of the following activities and uses occur on the Portion of the Property: (i) Residential uses of the property and activities consistent therewith which do not cause and/or result in direct contact with, disturbance of, and/or relocation of, the petroleum-contaminated soil currently located within the building footprint to depths of approximately 10 feet below the surface of the buildings concrete basement floor; pP Y g (ii) Excavation associated with emergency or short term (three months or less) underground utility and/or construction work,provided it is conducted in accordance with a Soil Management Plan and a Health and Safety Plan in accordance with Obligations(i)and(ii)of this Opinion;and involves the repair and/or replacement of the concrete floor with a comparable barrier immediately following the completion of the project; iii)Such other activities or uses which, in the Opinion of an LSP, shall present no greater risk of harm to health, safety, public welfare or the environment than the activities and uses set forth in this Paragraph;and (iv)Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with the AUL. 2. Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which are inconsistent with the objectives of this Notice of Activity and Use limitation,and which, if implemented at the Portion of the Property, may result in a significant risk of harm to health, safety, public welfare or the environment or in a substantial hazard, are as follows: (i) Activities and/or uses which are likely to involve the removal and/or disturbance of the concrete basement floor in the AUL Area and/or the disturbance of the petroleum-contaminated soil located beneath the concrete floor without the prior development of a Soil Management Plan and a Health and Safety Plan in accordance with Obligations(i)and(ii)of this Opinion; "ii)Relocation of the petroleum-contaminated soil from beneath the concrete floor in the AUL Area unless an LSP renders an Opinion which states that such relocation is consistent with maintaining a condition of No Significant Risk;and iii) Activities and/or uses which may cause physical or chemical deterioration, breakage,or structural damage to the concrete basement floor. Bk 21716 Pg 248 #4423 3. Obligations and Conditions Set Forth in the AYJL 02inion. If applicable, obligations and/or conditions to be undertaken and/or maintained at the Portion of the Property to maintain a condition of No Significant Risk as set forth in the AUL Opinion shall include the following; (i) A Soil Management Plan must be prepared by an LSP and implemented prior to the commencement of any activity which is likely to disturb petroleum-contaminated soil located to depths of 10 feet below surface grade within the AUL Area. The Soil Management Plan should describe appropriate soil excavation, handling, storage, transport, and disposal procedures and include a description of the engineering controls and air monitoring procedures necessary to ensure that workers and receptors in the vicinity are not affected by fugitive dust or particulates. On-site workers must be informed of the requirements of the Soil Management Plan, and the plan must be available on-site throughout the course of the project; (ii) A Health and Safety Plan must be prepared by a certified Industrial llygienist or other qualified individual sufficiently trained in worker health and safety requirements and implemented prior to the commencement of any activity,which is likely to disturb petroleum-contaminated soil located at depths down to 10 feet below surface grade within the AUL Area, The Health and Safety Plan should specify the type of personal protection (i.e., clothing, respirators), engineering controls, and environmental monitoring necessary to prevent worker exposures to petroleum- contaminated soil through dermal contact, ingestion, and/or inhalation. Workers must be informed of the requirements of the Health and Safety Plan, and the plan must be available on-site throughout the course of the project;and (iii) The petroleum-contaminated soil located to depths to 10 feet below surface grade within the AUL Area must remain at depth and may not be relocated, unless such activity is first appropriately evaluated by an LSP who renders an Opinion which states that such relocation is consistent with maintaining a condition of No Significant Risk. 4. Proposed Changes in Activities and Uses. Any proposed changes in activities and uses at the Portion of the Property which may result in higher levels of exposure to oil and/or hazardous material than currently exist shall be evaluated by an LSP who shall render an Opinion, in accordance with 310 CMR 40.1080 et seq., as to whether the proposed changes will present a significant risk of harm to health, safety, public welfare or the environment. Any and all requirements set forth in the Opinion to meet the objective of this Notice shall be satisfied before any such activity or use is commenced. 5. Violation of a Response Action Outcome. The activities, uses and/or exposures upon which this Notice is based shall not change at any time to cause a significant risk of harm to health, safety, public welfare, or the environment or to create substantial hazards due to exposure to oil and/or hazardous material without the prior evaluation by an LSP in accordance with 310 CMR 40.1080 et seq., and without additional response actions; if Bk 21716 Pg 249 #4423 necessary, to achieve or maintain a condition of No Significant Risk or to eliminate su`:)stantial hazards. If the activities,uses, and/or exposures upon which this Notice is based change without the prior evaluation and additional response actions determined to be necessary by an LSP in accordance with 310 CMR 40.1080 et seq.,the owner or operator of the Portion of the Property subject to this Notice at the time that the activities,uses and/or exposures change,shall comply with the requirements set forth in 310 CMR 40.0020. 6. Incorporation Into Deeds Mortpapes Leases and Instruments of Transfer. This Notice shall be incorporated either in full or by reference into all future deeds, easements,mortgages, leases,licenses,occupancy agreements or any other instrument of transfer,whereby an interest in and/or a right to use the Property or a portion thereof is ccnveyed. Owner hereby authorizes and consents to the filing and recordation and/or registration of this Notice, said Notice to become effective when executed under seal by the undersigned L.SP,and recorded and/or registered with the appropriate Registry of Deeds and/or Land Registration Office(s). WITNESS the execution hereof under seal this /02 day of January,2007. C��� ti` Mr.Dennis M.Carey M .Jeanne S.Carey COMMONWEALTH OF MASSACHUSETTS Barnstable,ss January z�}, 2007 On this I V+day of January,2007,before me,the undersigned notary public,personally appeared Mr. Dennis M Carey and Mrs. Jeanne S. Carey, proved to me through satisfactory evidence of identification,which were M A DkiVeV S L1USr1G,to be the person whose name is signed on the preceding or attached document, and acknowledged to me that(he)(she)signed it voluntarily for its stated purpose. Bk 21716 Pg 250 #4423 Notary Public. m t A -�LU h My Commission Expires: Cam '!3 I Z013 The undersigned LSP hereby certifies that he executed the aforesaid Activity and Use Limitation Opinion attached hereto as Exhibit C and made a part hereof and that in his Opinion this Notice of Activity and Use Limitation is consistent with the terms set forth in said Activity and Use Limitation Opinion. 'N' Date:January _Ih 2007 �HOFhlq�� ' • KEVIN J. '^ BEAULIEU Cn Kevin .Beaulieu,LSP NO. 16990 J►F��i_lTE P�o��55 COMMONWEALTH OF MASSACHUSETTS T1n Barnstable,ss January 2007 On this day of January,2007,before me,the undersigned notary public,personally appeared Mr. Kevin J. Beaulieu, proved to me through satisfactory evidence of identification, which were j.IeF AI64- , to be the person whose name is signed on the preceding or attached document,and acknowledged to me that(he)(she)signed it voluntarily for its stated purpose. �l Nota4 Public: r My Commission Expires: 6,/4/;r'LY6, Upon recording,return to: Q.• O '. Mr. Dennis M.Carey 4 y PO Box 1 i�•., Hyannisport,MA 02647 %, Bk 21716 Pg 251 #4423 EXHIBIT A (Description of Parcel of Land Containing Area Subject to AUL) A certain parcel of land situated in Hyannis, Barnstable County, Massachusetts, owned by Dennis M.and Jeanne S. Carey,PO Box 1,Hyannisport, Massachusetts. The parcel is shown as Lot 3 on a plan entitled, "Plan of Land", dated April 5, 1983, Scale 1"=40', prepared by Frank Conery, PE., Centerville, Massachusetts, and recorded with the Barnstable County Registry of Deeds in Plan Book 376, Page 63 and being more particularly bounded and described as follows: BEGINNING at a point on the easterly side of Harbor Road, approximately one hundred and thirty-four and 14/100 (134.14) feet south of Warren Avenue, at the southwest corner of land now or formerly of Dennis M. Carey;thence running S 790 29'00"W by land now or formerly of Dennis M. Carey one hundred sixty and 00/100(160,00)feet;thence turning and running S 130 16' 20"W by land now or formerly of Sebastion Volpe one hundred twenty and 9/100(120.09)feet;thence turning and running S 79'21' 50"W by land now or formerly of Sebastian Volpe one hundred eleven and 56/I00(111.56)feet;thence turning and running N 100 31' 00"W along the easterly sideline of Harbor Road,one hundred ten and 12/100 (110.12) feet to the point of beginning, containing 14,932 square feet of land,more or less,according to said plan. Bk 21716 Pg 252 #4423 EXHIBIT A-1 (Description of Area Subject to AUL) That certain portion of a parcel of land,said parcel of land being situated in Hyannis,Barnstable County,Massachusetts,and being shown as Lot 3 on the aforementioned plan recorded with said Deeds in Plan Book 376,Page 63,said portion being shown as the"AUL Area"on a plan entitled,"Activity and Use Limitation Plan",dated November 29,2006,Scale 1"=20',prepared by Silva Engineering Associates,P.C.,Bridgewater,Massachusetts,and recorded with the Barnstable Ccunty Registry of Deeds in Plan Book 614,Page 68 and being more particularly bounded and described as follows: BEGINNING AT THE LAND COURT BOUND AT THE SOUTHEAST CORNER OF A PROPERTY KNOWN AS 63 HARBOR ROAD HYANNIS,MA(ASSESSORS MAP 306 LOT 173-3);THENCE RUNNING NORTH 79°21'50"EAST FORTY FEET(40.00')TO THE SOUTHWEST CORNER OF A PROPERTY KNOWN AS 64 HARBOR ROAD,HYANNIS,MA (ASSESSORS MAP 306 LOT 173-3); THENCE RUNNING N 79021 '50"E FIFTY-TWO AND 231100 FEET(52.23');THENCE RUNNING N 10038'10"W FIFTY-SEVEN AND 77/100 FEET(57.77')TO THE BEGINNING POINT OF THE ACTIVITY&USE LIMITATION AREA OF 64 HARBOR ROAD;THENCE RUNNING N 11°04'43"W TWELVE AND 511100 FEET(12.51');THENCE RUNNING N 78°55'17"E ELEVEN AND 57/100 FEET 01.57);THENCE RUNNING N I 1°04'43"W NINE AND 12/100 FEET(9.12');THENCE RUNNING N 78°55'17"E THIRTY-FOUR AND 98/I00 FEET(34.981);THENCE RUNNING S 11004'43"E SIX AND 661100 FEET(6.66');THENCE RUNNING N 78055'17"E FOURTEEN AND 4/100 FEET(14.04');THENCE RUNNING S 11°04'43"E EIGHTEENAND 14/100 FEET(18.14');THENCE RUNNING S 78055'17"W FOURTEEN AND 4/100 FEET(14.04%THENCE RUNNING S 11004'43"E FIVE AND 68/100 FEET(5.68');THENCE RUNNING S 78055'17"W THIRTY-FOUR AND 98/100 FEET(34.98');THENCE RUNNING N 11004'43"W EIGHT AND 84/100 FEET(8.84');THENCE RUNNING o ' S 78 5517 W ELEVEN AND 57/100 FEET(I 1.57)BACK TO THE BEGINN[NG POINT OF THE ACTIVITY&USE LIMITATION AREA CONTAINING 1,466 SQUARE FEET OF LAND,MORE OR LESS ACCORDING TO SAID PLAN. f Bk 21716 Pg 253 #4423 EXHIBIT B CBND (held) MAP 306 LOT 172-2 MAP 306 LOT 172-3 �- •E � N79�g00 .p 160.00 Si1DC43'E 8.86' I o NI1D4'43' N785S11 911'E (ff w 9.12' 14.0E rn 1. �1 MAP 306 LOT 173-8 x64 °► t 57817� 11D447 E � � O io o LOT 172-1 576�w s� 0 1 # 14,934 S.F. IID4'43'W m 0,34 Acres &84 4 m w `, f EX1511NG ORIVEWAY 5 3' µ79 21'S0 E 52.23' ' S79 2�5p1 V1 MAP 306 LOT 173-4 LC.Bnd (held) PLAN REFERENCES: 1. DEED BOOK 3747, PAGE 267. 2. PLAN BOOK 376, PAGE 63. 3. PLAN BOOK 110, PAGE 19 2 'SKETCH PLAN' X ASSESSOR'S MAP 30k LOT 172-1 64 HARBOR ROAD BARNSTABLE (HYANNI, MASSACHUSETTS PREPARED F� WAVE 2 ENVtAONrENTAL, INC. P.O. BOX 949 FALL RIVER, MASSACHUSETTS, 02722 EE�LGVA EEEE ASSOCIARTES P.C. CIVIL E:Nr.INL 6c ENVIRONMENtAL CONSULTANTS 1615 BEDFORD STREET BRIDGEWATER MA. 02324 PHONE 5085 697-3100 FAX 508 697-3136 DRA N A 1'�p' AMS 11 29 06 N0OML2 1 Bk 21716 Pg 254 #4423 EXHIBIT C ACTIVITY AND USE LIMITATION OPINION In accordance with the requirements of 310 CMR 40.1074,this Activity and Use Limitatio��e Opinion has been prepared to support a Notice of Activity and Use Limitation for the Residential property located at 64 Harbor Road,Barnstable(Hyannis),Massachusetts. At time of the recording of this Activity and Use Limitation,the subject 0.34-acre parcel and the surrounding vicinity are zoned and used for residential purposes. A multi-family home, landscaped areas and two small parking lots occupy the property. A legal metes and bounds description of the property is provided in Exhibit A. Exhibit B attached hereto indicates the location of the disposal site relative to the subject property. The subject property and surrounding area are provided with municipal water and sewer services and do not utilize the underlying water table for consumptive purposes. Site History In 1988, the release of home heating oil from an underground feed line connecting a former above ground tank to building heating systems was discovered and ultimately required notification to the Massachusetts Department of Environmental Protection(DEP). The notification triggered several investigations to determine the extent of petroleum contamination and potential associated risks resulting from the release. Response actions were limited to the removal of the fuel storage and delivery system and the replacement of fuel oil fired heating systems with natural-gas fired units. Subsequent subsurface investigations and assessments revealed that the released fuel oil migrated vertically via gravity through a breach in the sub-slab oil feed line into underlying soils until reaching the groundwater table. Once encountering the groundwater table,the oil floated atop the water table and traveled horizontally in the general direction of groundwater flow to the south. Once the oil plume extended beyond the foundation limits,rainwater infiltration and subsurface conditions furthered its migration toward the southern Property limit. The effects of transport and natural biodegradation mechanisms over the next 18 years eventually reduced the concentration of oil in the groundwater to levels approaching background,leaving the saturated soils beneath the concrete slab floor of the building as the only remaining impacted area. Occasional high water table events may provide some future"washing"but without rainwater infiltration to facilitate the absorption of oil from these soils,they will likely remain contaminated until the building is removed. Average Exposure Point Concentrations of petroleum related contaminants remaining in soils include 4,250 parts per million C9-C18 aliphatic hydrocarbons; 1,900 parts per million C19-C36 aliphatic hydrocarbons and 2,050 parts per million C11-C22 aromatic hydrocarbons. Worst- case Exposure Point Concentrations of petroleum related contaminants remaining in groundwater are 5,445 parts per billion C9-Cl8 aliphatic hydrocarbons;2,145 parts per billion C 19-C36 aliphatic hydrocarbons and 3,389 parts per billion C11-C22 aromatic hydrocarbons. Petroleum related compounds were not detected in indoor air samples collected from within the building's basement. Reason for Activity and Use Limitation An MCP defined Method 2 Risk Assessment was completed to evaluate the risks posed by the release. Based on the results of the Method 2 Risk Assessment,it has been concluded that a condition of"no significant risk"of harm to health,public welfare or the environment exists for i Bk 21716 Pg 255 #4423 the subject Site under current use scenarios. However,because the Method 2-S 1 direct contact standard for soil located beneath the site structure was exceeded,a potential risk exists in the event that the building is demolished and/or the accessibility of soils located beneath the building,currently categorized as"isolated",is changed. In accordance with regulations contained at 310 CMR 40.1012(2)(a)(1),an Activity and Use Limitation must be employed to restrict access to said soils during potential future construction activities or changes in site use that would result in removal of the Property building. Activities which may result in the disturbance of the concrete basement floor and/or relocation of the underlying soil to an area of greater accessibility must also be restricted in order to prevent exposures which may pose a Significant Risk to sensitive receptors. The following is an itemized list of Permitted and Restricted Uses and Activities developed to maintain a condition of`no significant risk' at the subject Property for the foreseeable future. Permitted Uses and Activities (i) Residential uses of the property and activities consistent therewith which do not cause and/or result in direct contact with,disturbance of,and/or relocation of,the petroleum- contaminated soil currently located within the building footprint to depths of approximately 10 feet below the surface of the concrete basement floor; (ii) Excavation associated with emergency or short term(three months or less) underground utility and/or construction work,provided it is conducted in accordance with a Soil Management Plan and a Health and Safety Plan in accordance with Obligations(i)and(ii)of this Opinion;and involves the repair and/or replacement of the concrete floor with a comparable barrier immediately following the completion of the project; (iii) Activities and uses which are not identified by this Opinion as being inconsistent with maintaining a condition of No Significant Risk;and (iv) Such other activities and uses which,in the Opinion of an LSP,shall present no greater risk of harm to health,safety,public welfare,or the environment than the activities and uses set forth in this paragraph. Restricted Uses and Activities (i) Activities and/or uses which are likely to involve the removal and/or disturbance of the concrete basement floor in the AUL Area and/or the disturbance of the petroleum- contaminated soil located beneath the concrete floor without the prior development of a Soil Management Plan and a Health and Safety Plan in accordance with Obligations(i) and(ii)of this Opinion; (ii) Relocation of the petroleum-contaminated soil from beneath the concrete floor in the AUL Area unless an LSP renders an Opinion which states that such relocation is consistent with maintaining a condition of No Significant Risk;and (ii) Activities and/or uses which may cause physical or chemical deterioration,breakage,or structural damage to the concrete basement floor. Bk 21716 Pg 256 #4423 Obligations and Conditions (i) A Soil Management Plan must be prepared by an LSP and implemented prior to the commencement of any activity which is likely to disturb petroleum-contaminated soil located to depths of 10 feet below surface grade within the AUL Area. The Soil Management Plan should describe appropriate soil excavation,handling,storage, transport,and disposal procedures and include a description of the engineering controls and air monitoring procedures necessary to ensure that workers and receptors in the vicinity are not affected by fugitive dust or particulates. On-site workers must be informed of the requirements of the Soil Management Plan,and the plan must be available on-site throughout the course of the project; (ii) A Heattb and Safety Plan must be prepared by a certified Industrial Hygienist or other qualified individual sufficiently trained in worker health and safety requirements and implemented prior to the commencement of any activity,which is Iikely to disturb petroleum-contaminated soil located at depths down to 10 feet below surface grade within the AUL Area. The Health and Safety Plan should specify the type of personal protection(i.e., clothing,respirators),engineering controls,and environmental monitcring necessary to prevent worker exposures to petroleum-contaminated soil through dermal contact,ingestion,and/or inhalation. Workers must be informed of the requirements of the Health and Safety Plan,and the plan must be available on-site throughout the course of the project;and (iii) The petroleum-contaminated soil located to depths to 10 feet below surface grade within the ALL Area must remain at depth and may not be relocated,unless such activity is first appropriately evaluated by an LSP who renders an Opinion which states that such relocation is consistent with maintaining a condition of No Significant Risk. Kev J.Beaulieu, LSP "Date J I Bk 21716 Pg 257 #4423 EXHIBIT D Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC 113A ACTIVITY& USE LIMITATION (AUL) OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) 4 _ I732 �.._..� 1..... ..... A. DISPOSAL SITE LOCATION: ........__............. 1. Disposal Site Name. ;PROPERTY 2 Street Address: i64 HARBOR RD 3. City/Town: 'BARNSTABILE _ __•.... ,.__I 4. ZIP Code: 02630-0000 B. THIS FORM IS BEING USED TO: (check one) V1 Provide the LSP Opinion for a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074. 2 Provide the LSP Opinion for an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome Statement,pursuant to 310 CMR 40.1080. Include BWSC113A as an attachment to SWSC113 Section A and C do not need to be completed. 3 Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation,pursuant to 310,CMR 40.1081(4) 4 Provide the LSP Opinion for a Partial Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 401083(3) 5. Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40 1083(1)(d) 6. Provide the LSP Opinion for a Grant of Environmental Restriction,pursuant to 310 CMR 40.1071. 7 Provide the LSP Opinion for an Amendment of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1081(3). i 8. Provide the LSP Opinion for a Partial Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40 1083(2). 9 Provide the LSP Opinion for a Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(1)(c) L' 10. Provide the LSP Opinion for a Confirmatory Activity and Use Limitation,pursuant to 310 CMR 40.1085(4). (Unless otherwise noted above, all sections of this form(BWSC113A)must be completely filled out,printed, stamped,signed with black ink and attached as an exhibit to the AUL Document to be recorded and/or registered with the Registry of Deeds and/or Land Registration Office.) C. AUL INFORMATION: 1. Is the address of the property subject to AUL different from the disposal site address listed above? (� a. No I b. Yes 1f yes,then fill out address section below. 2. Street Address: ..__..._... -- ..._..._.._._._._..._.............. ----_..._... -- -......._ _....._. 3. City/Town. ` 1 4. ZIP Code: (� Revised:06/27/2003 Page 1 of 2 Bk 21716 Pg 258 #4423 ILI' Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113A ACTIVITY&USE LIMITATION(AUL)OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) D. LSP SIGNATURE AND STAMP: I attest under the pains and penalties of perjury that I have personally examined and am familiar with this transmittal form, including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of(i)the standard of care in 309 CMR 4.02(1),(ii)the applicable provisions of 309 CMR 4.02(2)and(3),and 309 CMR4.03(2),and (iii)the provisions of 309 CMR 4.03(3),to the best of my knowledge,information and belief, > if Section B indicates that a Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(4)complies with 310 CMR 40.1074; > if Section S indicates that an Evaluation of Changes in Land UseVAcdvides and/or Site Conditions afDsra Response Action Outcome Statement is being submitted,this evaluation was developed in accordance with the applicable provisions of M.G.L.c. 21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1080; > if Section B indicates that an Amended Notice of Activity and Use Limitation orAmandment to a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 40.1081; > if Section B indicates that a Termination or a Partial Termination of a Notice ofAcdv*and Use Limitation,Ora Release or Partial Release of a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1083: > if Section B indicates that a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40,1071; > if Section B indicates that a CoMhmatoryActivity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1085(4); 1 am aware that significant penalties may result,including,but not limited to,possible fines and imprisonment,if I submit information which I know to be false,inaccurate or materially incomplete. 1. LSP#: 1699 _2. First Name: JKEVINJ 3. Last Name: FBEAULIEU + 4. Telephone: (508)863.3102 5. Ext.: C� 6. FAX: F 7. Signature: #I i d 8. Date: mrr✓ddyyyy 9. LSP Siamp: +►AAA4 KEVIN J. BEAULIEU NO. 1699Q ` �cF2�oG/STE�S�Q��J ,`S/i'F PaQ i Page 2 of 2 Revised:06/2712003 , (ii=7EEDS Al.EJ' ; BARNSTABLE REGISTRY OF DEEDS i REGISTER _; LETTER OF TR(9N3MTT(9L sti*Z..fj lA E 'G 3gg yy - gg �._�,, Date: February 24,2005 Project No. Attention: Building Department . ANC. Re: Tel: (508)675-9600 • Fax: (508) 675-9601 64 Harbor Road,Hyannis RTN:4-0732 TO: Town of Hyannis 200 Main Street Hyannis,MA 02601 WE ARE SENDING YOU X Attached ❑Under separate cover via the following items: ❑ Draft Report ❑Final Report ❑Plans ❑Contract/Proposal ❑Invoice X Copy of Letter ❑Laboratory Data ❑Other COPIES DATE NO. DESCRIPTION 1 02-23-05 Activity and Use Limitation Termination Notification THESE ARE TRANSMITTED as checked below: ❑For approval ❑ Sign and return original ❑For review and comment X For you information ❑Approved as noted ❑ ❑ As requested ❑ For Payment ❑DOCUMENTS RETURNED AFTER LOAN TO US Remarks: CERTIFIED MAIL 7003 3110 0001 5645 7843 COPY TO SIGNED: P.O. Box 9585 ® Fall River, MA 02720 /f enclosures are not as noted,kindly notify us at once. , Phone: (508) 675-9600 KAEGAEL Fax: (508) 675-9601 'INC.ENVIRONMENTAL February 23,2005 Bureau of Waste Site Cleanup Massachusetts Department of Environmental Protection Southeast Regional Offices 20 Riverside Drive Lakeville,MA 02347 Attn:Ms. Molly Cote RE: Release Tracking Number:4-0732 64 Harbor Road,Hyannis ACOP-SE 03-3d'003 Dear Ms. Cote, As noted in our January 14, 2005 submital of the Phase IV Completion/Remedy Operation Status Report, I have recently been engaged as the Successor LSP-of-Record for the above referenced Site. This letter has been prepared to formally address your recent reminder regarding the status of the Activity Use and Limitation (AUL) Termination requested by the DEP as part of the Post Audit scope of work. In accordance with, regulations governing AUL Terminations and associated Public Notice requirements (310 CMR 40.1083(d)and 310 CMR 40.1403(7)), 1 have included the attached AUL Transmittal Form(BWSC 113)to formalize this termination within the required thirty(30) days of the recording of the AUL Termination notice. In addition, please find the attached copy of a legal notice published in the Cape Cod Times on February 17, 2005. A certified copy of the marginally referenced AUL Termination is also attached as required by said regulations. As per our recent conversations, the Bristol County Registry of Deeds refused to marginally reference the subject Property deed or the terminated AUL document. According to the Registrar,the AUL termination notice will be referenced in any title search conducted for the Property Owner through their computer system. Although this does not strictly adhere to the requirements set forth on the MCP with respect to marginal references,it was agreed that if this explanation was provided in this letter,the filing and the protocol associated with it would be accepted as complete by DEP. Finally,this letter has been copied to the required local officials so as to satisfy the requirements set forth at 310 CMR 40.1403(7)(a). Accordingly, it is our opinion that all public notice requirements associated with the Termination of One West Street P.O. Box 9585 � Fall River, MA 02720 AUL Termination Notification February 23,2005 Page 2 the AUL at the subject Property have been satisfied. If there are any questions or additional regulatory requirements with respect to this scenario please contact me at Kaegael Environmental at your earliest convenience. Sincerely, For KAEGAEL ENVIRONMENTAL,Inc. Kevin J. Beau ' ,LSP Operations Manager ATTACHMENTS Attachment#1: BWSC 113 Attachment#2: Certified AUL Termination Notice Attachment#3: Newspaper Legal Ad cc: Town of Barnstable,Municipal Office, 367 Main Street,Hyannis,MA 02601 own of Hyannis,Board of Health, 367 Main Street,Hyannis,MA 02601 own of Hyannis,Zoning Official/Building Department,367 Main Street,Hyannis,MA 02601 Mr.Dennis Carey,Harvard Realty Associates, 17 High School Road,Hyannis,MA 02601 Attachment #1: BWSC 113 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY& USE LIMITATION (AUL)TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) A. DISPOSAL SITE LOCATION: 1. Disposal Site Name: 2. Street Address: 64 Harbor Road 3. Cityrrown: Hyannis 4. ZIP Code: 02601-0000 ® 5. Check here if a Tier Classification Submittal has been provided to DEP for this disposal site. 0 a. Tier 1 A b. Tier 1 B ❑ c. Tier 1 C d. Tier 2 6.If a Tier I Permit has been issued,provide Permit Number: B. THIS FORM IS BEING USED TO: (check one) 1. Submit a certified copy of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074. ❑ 2. Submit an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome Statement has been filed pursuant to 310 CMR 40.1080. 3. Submit a certified copy of an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081 ❑ 4. Submit a certified copy of a Partial Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(3). Q 5. Submit a certified copy of a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(1)(d). 6. Submit a certified copy of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1071. ❑ 7. Submit a certified copy of an Amendment of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1081(3). 8. Submit a certified copy of a Partial Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(2). 9. Submit a certified copy of a Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(1)(c). 10. Submit a certified copy of a Confirmatory Activity and Use Limitation,pursuant to 310 CMR 40.1085(4). 11. Provide Additional RTNs: ❑ a. Check here if this AUL Submittal covers additional Release Tracking Numbers(RTNs). b. Provide the additional Release Tracking Number(s) covered by this AUL Submittal. (Ali sections of this transmittal form must be filled out unless otherwise noted above. BWSC113A Is required for all submittals listed above) Revised:06/27/2003 Page 1 of 4 i i i Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY& USE LIMITATION (AUL)TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) C. AUL INFORMATION: 1. Document(per Section B)Recording and/or Registration Information: a. Name of Registry of Deeds and/or Land Registration Office: Barnstable County Registry Of Deeds b. Book and Page Number and/or Document Number: Book 13323 Page 320 c. Date of recording and/or registration: 10/27/2000 mm/dd/yyyy 2. Is the address of the property subject to AUL different from the disposal site address listed above? 10 a. No ❑ b. Yes If yes,then fill out address section below. 3. Street Address: 4. City/Town: 5. ZIP Code: D. PERSON SUBMITTING AUL TRANSMITTAL FORM: 1. Check all that apply: El a.change in contact name ❑ b.change of address ❑ c. change in the person undertaking response actions 2. Name of Organization: 3. Contact First Name: Mr. Dennis 4.Last Name: Carey 5. Street 17 High School Road 6 Title: Owner 7. City/Town: Hyannis a, Smote: MA 9. ZIP Code: 02601-0000 10. Telephone: (508) 771-1778 11.Ext: 12. FAX 13. Is the person described in this section the owner of the property? ® a. Yes ❑ b. No,if checked then Section G must be filled out by at least one owner. ❑ c. Check here if providing names and addresses of any additional owners in an attachment. E E. RELATIONSHIP TO DISPOSAL SITE OF PERSON SUBMITTING AUL TRANSMITTAL FORM: (check one) ® 1. RP or PRP ® a. Owner ❑ b. Operator ❑ c. Generator ❑ d. Transporter ❑ e. Other RP or PRP Specify: 4 I ❑ 2. Fiduciary,Secured Lender or Municipality with Exempt Status(as defined by M.G.L.c.21 E,s.2) i i ❑ 3. Agency or Public Utility on a Right of Way(as defined by M.G.L.c.21 E,s.50)) ❑ 4. Any Other Person Submitting AUL Specify: Revised:06/27/2003 Page 2 of 4 � t I i L71Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY& USE LIMITATION (AUL)TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) F.REQUIRED ATTACHMENT AND SUBMITTALS: wi 1. Check here to certify that notice of the proposed Activity and Use Limitation(AUL) was given to all record-interest holders, if any,in accordance with 310 CMR 40.1074(1)(e),via certified mail. ® a. Check here if there were no record interest holders. b. Date of certified mailing: mmlddtyyyy c. Check here to certify that names and addresses of all record holders notified is attached. 2. Check here to certify that within 30 days of recording and/or registering the AUL,including amending, releasing or © terminating the AUL,a copy of the AUL was/will be provided to the Chief Municipal Officer,the Board of Health,the Zoning Official,and the Building Code Enforcement Official in the community(ies)where the the property subject to such Activity and Use Limitation is located. 3. Check hereto certify that within 30 days of recording and/or registering the AUL,including amending, releasing or terminating the AUL,a Legal Notice was/will be published in a newspaper with circulation in the community(ies)where the property subject to the AUL is located. 4. Check here to certify that within 7 days of publishing a Legal Notice in a newspaper with circulation in the community(ies) where the property subject to the AUL is located,a copy of the notice was/will be submitted to DEP. 5. Check here to certify that within 30 days of recording and/or registering the AUL,including amending,releasing or terminating the AUL,a certified copy of the AUL,including the LSP Opininon containing the material facts,data,and other information, will be submitted to DEP. Q6. Check here if any non-updatable information provided on this form is incorrect,e.g.Site Address/Location Aid. Send corrections to the DEP Regional Office. 7. If an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome Statement is being submitted,check here to certify that the LSP Opinion containing the material facts,data,and other information is attached. G. CERTIFICATION OF OWNER OF PROPERTY,IF NOT PERSON SUBMITTING AUL TRANSMITTAL FORM: 1.I, ,attest under the pains and penalties of perjury that I am the owner of said property(ies), subjectto the AUL 2. 3. Date: Signature mm/dd/yyyy 4. Name of Organization: 5. Contact First Name: 6.Last Name: 7. Street 8.Title: 9. City/Town: 10. State: 11. ZIP Code: 12. Telephone: 13.Ext: 14. FAX Revised:06/27/2003 Page 3 of 4 i i Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY& USE LIMITATION (AUL)TRANSMITTAL FORM Release Tracking Number I LL7 - Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) H. CERTIFICATION OF PERSON MAIQNG SUBMITTAL: 1.1, Dennis Carey ,attest under the pains and penalties of perjury(i)that I have personally examined and am familiar with the information contained in this submittal,including any and all documents accompanying this transmittal form,(ii)that,based on my inquiry of those individuals immediately responsible for obtaining the information,the material information contained in this submittal is,to the best of my knowledge and belief,true,accurate and complete,and(iii) that I am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal. I/the person or entity on whose behalf this submittal is made am/is aware that there are significant penalties,including,but not limited to,possible fines and imprisonment,for willfully submitting false,inaccurate,or incomplete information. Pursuant to 310 CMR 40.1074(1)(f), I also hereb i under penalties of perjury, that either I(if person submitting the AUL Transmittal Form is the property owner), or _ 2. Name of Property OW01er amis identified on the Notice of AUL as the foer of the property subject to the AUL,owned such property on the date that the AUL was recorded and/or registered 3. By: 4. Title: OWner Signature 5. For. 6. Date: l a-3 L05 (Name of person or entity recorded in Section D) mm/dd/yyyy 7. Check here if the address of the person providing certification is different from address recorded in Section D. 8. Street i 9. Cityfrown: 10. State: 11. ZIP Code: 12. Telephone: 13.Ext: 14. FAX i YOU ARE SUBJECT TO AN ANNUAL COMPLIANCE ASSURANCE FEE OF UP TO$10,000 PER BILLABLE YEAR FOR THIS DISPOSAL SITE. YOU MUST LEGIBLY COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE IF YOU SUBMIT AN INCOMPLETE FORM,YOU MAY BE PENALIZED FOR MISSING A REQUIRED DEADLINE Date Stamp(DEP USE ONLY:) i f Revised:06/27/2003 Page 4 of 4 t Attachment #2: Certified AUL Termination Notice I COMMONWEALTH OF MASSACHUSETTS BARNSTABLE COUNTY REGISTRY OF DEEDS P.O:BOX 368 BARNSTABLE,MASSACHUSETTS 02630 TELEPHONE (508)362-7733 ext. 102, 103 JOHN F. MEADE Register SPECIAL CERTIFICATION THE COMMONWEALTH OF MASSACHUSETTS,COUNTY OF BARNSTABLE I,the undersigned Register of Deeds for Barnstable County, Barnstable,Massachusetts, do hereby certify the within and foregoing to be a true and correct copy of the original as it appears on record and file in the office of the Register of Deeds of Barnstable County, Massachusetts, in Book 19516 Page 249-250 recorded February 9,2005. Witness my hand and the seal of the Register of Deeds at Barnstable, Massachusetts,this 10th day of February, 2005. John F. Meade Register of Deeds Barnstable County Bk 19516 Pw249 `8761 02-09-2005 a`i 12.- 54P TERMINATION OF NOTICE OF ACTIYITYAND USE LIMITATION Disposal Site Name: Residential Property: 64 Harbor Road,Hyannis,Massachusetts DEP Release Tracking Number: 4-0732 WHEREAS,a Notice of Activity and Use Limitation has been recorded with the Barnstable County Registry of Deeds in Book 13323 Page 320 and registered with the Land Registration Office of the Barnstable County Registry District as Document Number. Said Notice of Activity and Use Limitation and any amendments thereto are collectively referred to as"Notice". WHEREAS,said Notice sets forth-limitations on use and activities,conditions and obligations affecting certain land situated in Hyannis,Barnstable County,Massachusetts,said land being more particularly bounded and described in Exhibit A attached hereto and made part hereof. WHEREAS,said limitations are consistent with the terms of an Activity and Use Limitation opinion date 10-27-00,signed and sealed by Theodore J.Kaegael holder of a valid license issued by the Board of Registration of Waste Site Cleanup Professionals pursuant to M.G.L c21A,19 through 19J(the holder being referred to as"LSP")attached to said Notice of Activity and Use Limitation as j Exhibit C and made part thereof,in order to maintain at the Property a condition of No Significant Risk. Said conditions and terms being defined in 310 CMR 40.000 and WHEREAS,said Notice is being terminated because additional response actions are necessary to support the conclusion that a condition of No Significant Risk has been achieved at the property. NOW, THEREFORE,I Dennis M.Carey of Hyannis,Massachusetts,Barnstable County, Massachusetts being the owner of said Property do hereby terminate said Notice. Dennis M. Carey authorizes and consents to the filing and recordination and/or registration of the Termination of Notice of Activity and Use Limitation,said Termination to become effective when recorded and/or registered with the appropriate Registry of Deeds and/or Land Registration Office. WITNESS THE EXECUTION HEREOF UNDER SALE THIS DAY OF i i 2005. t M t Dennis M.Carey I t i COMMONWEALTH OF MASSACHUSETTS j STATE OF MASSACHUSETTS t �/g2/1/S�iG30/� SSRu � (� 2005 t-tk Then personally appeared the above name,;1erMje> IAgtM and acknowledged the foregoing to be his free act and deed before me. { t Notary Public k Upon recording return to:, �} /1_ � ��:��,ry i—Z 1J ✓�/f� J(c1 l,,, KENNETH RUSSELL W E Nary Public f /y� A commonwealth of Massadwsetts /hl- ,/ �/ My Commission Expires RAarch 31,1 11 i Bk 19516 Pg 250 #8761 EXHIBIT A (Description of Parcel of Land/Area Subject to AUL) A.certain parcel of land situated in Hyannis, Barnstable County, Massachusetts, owned by Dennis M.Carey, P.O.Box 1,Hyannisport,Massachusetts, shown as Lot 3 on a plan entitled, "Plot Plan of Land with Location of Activity and Use Limitation for 64 Harbor Road,Hyannis,MA",dated May 21, 1999,Scale 1"=40',prepared by Carmen E.Shay,Environmental Services,Inc.,34'Ihatcher's Lane,East Falmouth, Massachusetts,and recorded with Barnstable County Registry of Deeds in Plan Book ,Ea,Plan�J and being more particularly bounded and described as follows: BEGINNING at a point on the easterly side of Harbor Road, approximately on hundred and thirty-four and 14/100 (134.14)feet south of Warren Avenue,at the southwest corner of land now or formerly of Dennis M. Carey;and thence running S 790 29'00"W by land now or formerly of Dennis M. Carey one hundred sixty and 00/100(160.00)feet;thence turning and running S 130 16'20"W by land now or formerly of Sebastion Volpe one hundred twenty and 9/100 (120.09) feet; thence turning and running S 790 21'50" W by land now or formerly of Sebastion Volpe one hundred eleven and 56/100 (111.56) feet; thence turning and running N 100 31'00"W along the easterly sideline of Harbor Road, one hundred ten and 12/100(110,12)feet to the point of beginning,containing 14,932 square feet of land,more or less,according to said plan. i BARNSTABLE REGISTRY OF DEEDS i i Attachment #3: Newspaper Legal Ad r J _S (�� �,{ C/1PECODOIV LINL. C COlIV4 (508) 775-6201 THURSDAY,•FEBRUARY 17,2005 Legal Hflitces 1.25 Legal Noll tees 125 Legal Nantes 125 Legal Notices 125 Legal Notices 125 Losl&Found 220 Wxummmmmmmw 4fteak Your Can.mmonwea ll Commonwealth Commonwea0n NOTICE OF FUND LEGAL NOTICE*1* I FOUND: Smolrey colored fa- of kraS6edhaeeHa .1cSsa7ruselb o1 Aiassadmsetts Contain m Cam license • Termination of Notice at male cat In the Strawberry ��'e�g� The Tried Court The That Court The Trial CmaA Company, LLB, ecensoe of _,Activity and Use Umlbpon HIII Condo Co In Can- Probate and family Probde act Fa r ay Probate and.FarnIy Broadeasl Station yiFXC(FNt�' loeatlorc 64 Harbor Road, , terville.Call 508 -0828 Court Oepertmarht Court Deparhmant Court Ocpartmenf HHyyanck MA,operaflrq on 102.9 Hyeran dtA 02801 r 1. What was President Warren Ca. Fibre- BARNS DNklnn BARNSTABIE Dhykhlon BWINSTABLE DivL4ah 16H has notice Cut an Fibre- geloae Tracking No:♦0732 Docket No.03P1245AT1 Dockel No.OM155EPi Oockel Ne.OMO88EPt any 7.2006,11 filed anapDlNaSon In accordance whit OEP LOST Mairding's middle name? NOTICE OF In the 15 1e rd In the Estate of seeking the consent of the Feder• request a Termination of Notes „ ADM1N(STRATOWS ACCOUNT. OONALO J.MkCRAE fUZABETH 0.SWEENEY AKA M Communleatons Commlaelon of POMly and Use L IM1191ori IV Sma WhibE;Maltese 2. Oil the televJsion show Happy Days, To all.ppersons Wwasted in.Ihe . Late Of YARPAOUnf(PORTI.. . ._.ELJIABETTt HELEN SWEENEY to 368lpn the Odense tot the aka•. tth0:aDOW proyyarty ryas ragis• Neer 28dCaNerviile IForizle wound say what 88 he e[d estate'oF"rATflftYil MARGA� in she County o16ARNS T ABLE Late of SiAiWAI�,if. lion trap Go dum d Gape cod ulrad with ura BarrSFiDlo Oqun REWARD Will 0� thumbs up? SPRESSI.ER AKA PATRICIA M. Oab of Oeatb: In Bite County of BARNSTABLE license De LLC!a Cape 9eyisMy of Deeds an February i9y� SPRISSLER late of DENNIS. January 12,2006. Dale oI Death Cod Ttue1, Mask 0. Hob abal.+ 2005.The Notice Is belnp-6arml; GUESTIDNS ASKBDI I I 3, Who is considered responsible for Barnstable County. NOT WE OF PETITION December 4,2D04 7ruabae, oe need becmmeadditlo.it reppnsa C1741238-03M moving the motion picture industry to You are hereby notified putsu- FOR PROBATE OF Will NOTICE OF PETITION Oanlum of Cape Dad License actions an naassary in su�purl ant to A1ass R.Civ. P. Rule 12 To all persons Interested In Me FOR PROBATE OF WILL Compuxry, LLC` Is a wholly— die'aon lusfon that a cons.." Hollywood,California? Met the FIRST(FINAL) account a1mv captfoned.eslate,a pelieon To al parsons Interested in the onned subddlmly at.Oantum of No Shnlfkxnt Risk bas?a Merchandise Auction 305 4, What Is the name of the small bowl of ad JAMES H.QUIRK JCL as SPE- has been preserved praying that abovaCaptioned esbb;apolftion Reldin&41C,which.In turn,is addaved atlhe properly. r Water Ivan t0 diners for rinsln their CIAL ADMINISTRATOR(Iho edu- a document por erfirtg o he the has been presented proylr�that whoyr-asmad subsidiaryat Any Person aterealad In orb 9 g cagy) of said estate has been last wit al'sapid decedent he I document punyorOrhg io t o the OanWm Cornmunloatlona Carpo• hieing additional fniormatldo ors R,C, 8dred Co, Ind. lingers after a meal? prsented to said Court for avow- proved and allowed, and Thal last will at said decedent be ration. The ofters and board hevle%*D Ore dacurne"'fmay ESTATE AUCTIONEERS 5. is It true or false that dogs never have ante. JILL S. MACRAE and MARTHA lolied and afaered, end that members of 0anhan of Cape Cod can= meow 6ivironmental., ik APPRAISERS It you desire la presarue your SCHMINK bath of GLOUCESiER 011TH,N A o!YARMOUTH Lkeose Compaq. LLG and Inc.,P.O:Box 958k Fas'Ah er, litters Of n10Te than SBYenT rgM!o Ole an ahjecdon ta sold fn Ito Courrrrryty ai ESSEX and L£S- H)in 1he County Cf BARN• Oanhnrn Haidl LIC,ere Fw[t 'MA 027,20 at(608)6759600. East Oennls�MA 02641 account you or your atta ney LIE MALt1NEY of 31OUSKYON In EbeppolaD.Osborn and dllehael F.Mart 2n); I / SOB-3853118 .6. GamrTla IS the thild(Chien Of what must Pilo a writtn appearance in me DuuMy el NORfOtX be ap in the will to serve with• Qan fie aAlwra diraciors or h1o�f56 alphabet? said court at Barnstable an or Lye- pointed exectnars.Awed in the I9'jfa1y voting alheteholders of Owtum WANteldleds'com 7• Whom did lvwhee ma in-the novel tare the tenth day of k6ab,_ w111 to serve without surety. IF YOU MIRE TO OBJECT CommunIcallors Corpera8m its 2005.the relum day of airs clb- IF YOU MIRE TO bEIECT THERE70, YOU OR YOUR AT- Frank OslDorn: ME® Mangan: Sandwich Audon of that.name by Sir Walter Soott? lion.You nny Ivan wtdten te- THERETO YOU OR YOUR AT- TORNEY MUST ALE A WRITTEN Frank Craig�onr, quest byy registered or corti5ed TORNEY MUST RLE A WRITTEN APPEARANCE IN SAID COURT AT Bradley Wrlph mane OsbornFem- Oyer 2,300 mcllons since & What card Is high in gin rummy! mall to Ohe fduc fttrry�a to Ore at- APPEARANCE IN SAJD COURT AT BARNSTABLE ON aft BEFORE ly.Padnors L.P.;and Wilfiam Net- 1974•Handling Aislgie hauls 8 9. Does Mozambique border South lama/doe Me Aduclary,obtatd BARNSTABLE .ON OR BEFORE Thal O'CLOCK IN PIE FORENOON son III and Frank Osborn as enure asp• Africa? vdtfisut cost a Cory/W said err TEN OtCtOCK IN THE FORENOON .(I(too A I ON MAPAN L 2006. bmstess of the Osbom 2002 Rood Aucl!Dn 1&19 count.If you dasfrre to etxect IC (I MOD AM10N MAM 3,2006. in addf ion,You must tilt a Family Trust vmw.sandwichaucdon.wrn 10, U1%Mary aryl Ann formed what singing am Rom of said account,you to addmgn, you must Ice a writfan affidavit or o*cdons to Mark 0.Hubbard Is the ado ,ANNOUKCIMEIitTS (508)8WI928 sisters group? must,In addition To MM a wit- writer affidavit or objections to the petitlock elating syedtic falls tromes of the Cape Cod Trtrtl. ten appearance as aforese<i,Ott the petition,stating specific gratings and grnds upon which the orb- Copies o1 the applItalian act Answers appear further into this within Ufrtf days altar said w and grounds upon w*h the ob- Moon to bread, Wtlhfp Ibimj related matedak far WF9ICLTh11 -Happy Thoughts 203 Waliled to Blip 31� Ciasslarled Sec#on lure day a within such other )action is based. within thirty (3p�days after the return day(or imovailable foryyublic Ins allan time as The Court u�poon naodan (30totomer.l.at .a]1,ft after the return dr (or yaclh other time as the court,an at 154 BunaMb Rood,Hlwn% Personal 205 ANTIQUES: Collectibles, Vie- g each such[tam together with the motion with notice as tIn tide pea tlorim,may allow)In motion wIth ounce ao the snddbetween :30 PAL.Monday IArugh �81ous 208 logo um I�9 6 rK Yard Sales 320 BEDROOM-SET grounds for Coda bbjectlon there- tionar,rthay allow)In aeeardance with Probate Rate 18, Friday. In*uction 210 st::.1 place or entire estatel 3 plec&Ail wood,honey M- to,a copy to be served upon Me rrlth Probate Rule 18. YfITIBES$ HOH ROBERT E. 2j18,2117,?122,2R4i0.5 'anjj II�pA��r�++ ATT f� *SUNRISE* Ieh,9 end 5 drawer bureau 2- to, pursuant to Mass R. WITNESS, MON. ROBERT E. TEARY,ESQUIRE,FlrsiJuslloa of -hollencinment 212 *i AUPAS ltit 1(V* dfa►1ar and table,$850.West i C[v.P.Rule rL TERRY,ESQUIRE,First Justice at said Court at BARNSTABLE his NOTICE ESTATE SkES see detail.Cat 508 8334423 645 Rte.28 Boch TAII e WITNESS, 310N. ROBERT E. said Court at BARNSTABLE this day.Jonm+ 31,2006 lee Mossecturetis Stara Lot. Heallh Services 213 1lousehold u�tuldatiorts +yy S.Yarmouth 08 394 6a 9 unrlyrme TERRY,ESOU IRE.Him Justice of day.Febnrary 10.2D35, FREDERIC P.CL AMEN, Very Commission hoe rocalad a Pat IaPolnte 5r7&a30.2180 said Cowl at Barnstable this FREDERIC P.CLAUSSEN, Register of Probate RENO Lbanse appllcAlon ban: General 215 AAIT(QUE$/ART: To prices GEORGOM SET. elghth dey of Feb�ruarryy,2005. Register of Probate 2tf 7l05 ABAmarlcart Pub ACORN ESTATE SALES FREDE IC P.GtABVSSEN. ?2T7i05 6Q RGz t34 keel&Found 22() for rid palydin rnes 8 HousalEstate Sales& This Endbo bunk bode. Raapplater a Probate cornmarraaeann s.C+"nnlo,MA 0?88O enure sslate9 s` 430.1492 Li Idatloes. drea�er, aoolaase, and ?ri Register Yolunleers iVeeded 225 h(v bunk fiocellont condition. Gommorrasmhh 'of Muaachuseas This Iceatlon is curreptly a t- ARTWORK:-Old Paintings & 6•432.0102 or 362.8100 $fro(508)-0210.3815 of Masachunatls The Tdal Court -eensed Massachusetts State I.I. nQ (tames,any condalon.Sed- Commonwealib fie Tdal Court Probate and Ftarhlty teat' Keno Sias doled Relig lolls 2a8 bus huger. 508 432-0634_ PORT SIDE * COdIPUIER:Pacer Mao G 3 of Massachusetts Probate and Family Court Department business as: Ji s Amnrlarh desktop fulling stem TThe TSZ1 Court CaoA Oepartmant BARNSTABLE 01Aslon Pub BASEBALL&OTHER SPORTS Estate SaTesati ndd62-7s �L. Probals and hmity 8ARN5TAekf O"Parti Oogat rho.05POI43EPI Estimated trafllc Glady Fuvder(500)362-7033 9.2Ile NnO aF aid, wae�y Thank You St Jude MEMORA8ILlA:Yearbooks. a In the Estate o! (number o1 eopleg 1600 printer 8 app�ta8ons in-' Oeyislon nt Docket W.04P196BE.1 For Players Answered.D.R. pro9�arns,apgrt mapazy[W du d Just f fn and ga BARNSTABLE OlvLvbn In the Estate at ANNE L.OOWNEY Current of Caahter post• cards,autegraph8,ebC.f am- 600L p u� Docket No.98PICO2EP-1 WABY L.OLSEN Labs of FAL1410UTH Cans selling Lottery products i THANKSGIVING f40UEN0 TO fnteresled ld rWhasfng Reels For I:AEt: 333 � (ti08}888 4212 NOTICE OF AKA!A4RY C.OISEN In Ott County of BARNSTABLE PeXenla0e of Door space wr• �� DECORATOR FABRIC: EXECU70I1 S ACCOUNT Late o1 BARNISTABLE bete of OBeth: really devoted to Lt4bry 9alda; �j0ur VIn>age items COUCH Good oondrtlon,dark To all arsons interested in the January 21,200S 1% 0 Holly St.Jude,Aponte and 1970}.C28 PPNT Ouda q �lVold stripe.y u Remnants from$4.99A I p (LVEST HYo VAN STA NOTICE OF PETITION Patxmage of floor space far Martyr.Areal In YiRus sod dell 18,13 6-4i98 p up,Vold ° , Fosters,M alharn 545.1455 estate or WAL1ER A.ROFFE'lahe b Ote Counlyot BPRNSTABLE FOR AR96ATE OF V11LC NE74D sales 296 In ntlralTss near Woman Df yours of BOURNE BARNSTABLE County. janSAGAMORE e�YOO9C�SlopSin 1118 CiiDad w! ten To parsons E OF WILL L the NOsole Estimated annual gross rare Jesus G11t1ESt killhhll InOercea PIANO:SDinet,walnut finish DINING ROOM HUTCH above capiloned awate;a petition nues of current Lottery pra&Ms: Sot of A vih0 invoke your Wit. Good condition. Oil vdllter heat color_ You are hereby notilied pursu- NOTICE OF PETITION y Cod,819 Main St,Chatham FREEI(508)89rr4419 48 xMN. 4125. Picture ant to Maas.R.CM_P.Role 72 FOR PROBATE OF WI LL a od been presumeduspor praying abet $1 Estimated Special pyou f h 10 time Of or call(508)W-6044 avalleble'uppon rreeqquest via - Ural ilia RRS7(FINAL)account To all persona Intirested in Oro a duumem purporting to be the Estimated percentage at Bras IteBd,t0 you f have fao0pr5e 335 r ematt(?I 457 0186 of JEAN S.ITDFFE aWa JEAN 0: aho�aoapticned estate,a pe'O[on last will of Said decedent be revenues from Sales at LaBery from the 40pih of MN-heart CGINS•Cadectlons Se*lno [heirs far Sale 335 ROFFE as E)TjCt"OR-(the tidw tray been presented praying that ° and alloyed, and t19t products:33 6 and humbly beg fp whom all of Caappe Cod Paid By Al- day) or sold estate has been a document pwpartlng to be IFs ILLUtM I-GALLAHER.ot FAL- Estimated net Inatome to be God has given such great Cash_ 774-313.0966. DINiRG BOOM SET:EOlan A! ptesented to sold Court for aflow- lest will e1 said decedent be h10UTH ttEASi)in the county a1 derived by sales of Kara prod yhgr to come Io my ass. ANTIQITE.FURNITURE: Ertp 3en anal cherry,4 chairs,2 tea% ptrnptd and allowed and lhet BA21174 ABLE be appointed exec- ucts et this locellarr_16T,00D a�nca.H foe in m resent GOLD:Slhir,Coins.V1aOdias Ilsh Tavern Table$120 W. lams 6 pads,Cs Retell. H you desire to preserve our p n utof,named in the will to saws Wribn a Callon to the�0 Teatelaod urn Arts ►r0h $900.Entarte rn I Beater Y THOMAS S.OLSENoi BARNOW and organ pe0lfan in re• Diamonds.•Gel rs Instant j right to file an objection to said BLE OSTERVILLE In the Caun mahout surety. eallorL by OCAN LICEf16 iVG Turn,1 tamfJa l0 ma'e of rash.Rolex Watches gloss ant$21001BO0 New maple, 6215 x 44k i . ___.._. ._.. _..._.. _ __, �.... _. ._). h! IF Y[Itl DESIRE 70 OBJECT AUTHORITY.mustbe rcetreal by F, .. .. ._'F?. ,.,,-1-.r rrw_mn_aotw rounded bad comer buM $300. Ovefsblffed soft red October 27, 2000 STREAMLINE ENVIRONMENTAL P. O. BOX 275 WOODS HOLE,MA 02543 BUILDING CODE DEPARTMENT HYANNIS TOWN HALL 367 MAIN STREET HYANNIS,MA 02601 RE: RESIDENCE, 6�HARBOR ROAD, HYANNIS,MA DEAR BUILDING CODE DEPARTMENT: In accordance with state environmental regulations public involvement requirements [310 CMR 40.1403(7)], on behalf of the property owner for the above-noted location, enclosed herein is a copy of an Activity and Use Limitation placed on this property. Sincerely, For: Streamline Environmental Andrew Brolowski cc: Hyannis Health Inspector Hyannis Board of Health Hyannis Zoning Department Hyannis Fire Department DEP Southeast Region Form 1075 310 cmr 40.1099 81< 1=332 3 PG.320 66806 NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 21E, §6 and 310 CMR 40.0000 10-27-2000 e 12 = 00 Disposal Site Name: Residence DEP Release Tracking No.(s): 4-0732 This Notice of Activity and Use Limitation ("Notice") is made as of this day of 6—_4okec , 20n by Dennis M. Carey.P. O. Box 1. H, annisport. MA 02601, together with his successors and assigns (collectively "Owner"). WITNESSETH: WHEREAS, Dennis Carey, of Hyannis, Barnstable County. Massachusetts is the owner in fee simple of that certain parcel of vacant land located in Hyannis. Barnstable County, Massachusetts, with the buildings and improvements thereon ("Property"); WHEREAS, said parcel(s) of land, which is more particularly bounded and described in Exhibit A, attached hereto and made a part hereof("Property") is subject to this Notice of Activity and Use Limitation. The Property is shown on a plan recorded herewith in Barnstable County Registry of Deeds in Plan Book Y5 9 , Plan �( WHEREAS, the Property comprises part of a disposal site as the result of a release of oil and/or hazardous material. Exhibit B is a sketch plan showing the relationship of the Property subject to this Notice of Activity and Use Limitation to the boundaries of said disposal site (to the extent such boundaries have been established). Exhibit B is attached hereto and made a part hereof.; and WHEREAS, one or more response actions have been selected for the Disposal Site-in accordance with M.G.L. c.21 E("Chapter 21 E")and the Massachusetts Contingency Plan, 310 CMR 40.0000("MCP"). Said response actions are based upon(a)the restriction of human access to and contact with oil and/or hazardous material in soil and/or (b) the restriction of certain activities occurring in,on, through, over or under the Portion of the Property. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion("AUL Opinion"), dated(o l lam, (which is attached hereto as Exhibit C and made a part hereof); NOW,THEREFORE,notice is hereby given that the activity and use limitations set forth in. said AUL Opinion are as follows: 1. Permitted Activities and Uses Set Forth in.the AUL Opinion. The AUL Opinion provides that a condition of No Significant Risk to health, safety, public welfare or the environment exists for any foreseeable period of time (pursuant to 310 CMR 40.0000) so long as any of the following activities and uses occur on the Portion of the Property: (i) Subject to the provisions listed below,non-invasive activities and uses including,but not limited to,residential use which do not compromise the structural integrity of the current residence foundation or disturb petroluem-contaminated soil located beneath the current residence foundation on the Property. r Form 1075 310 cmr 40.1099 (ii) Any other activity which does not excavate or disturb petroleum-contaminated soil; and (iii) Short-term(three months or less)underground utility and/or construction activities including, but not limited to, excavation (including .emergency repair of undergrouynd utility lines),which are likely to disturb petroleum-contaminated soil location beneath the current building, provided that such activities are conducted in accordance with Obligations/Conditions(i)and (ii) in Section 3 of this Activity and Use Limitation Opinion("Opinion"), the soil management procedures of the MCP cited at 310 CMR 40.0030, and all applicable worker health and safety practices pursuant to 310 CMR 40.0018; (iv) Activities and uses which are not identified in this Opinion as being inconsistent with maintaining a condition of No Significant Risk; and, (v) Such other activities and uses which, in the Opinion of an LSP, shall present no greater risk of harm to health, safety, public welfare, or the environment than the activities and uses set forth in this paragraph. 2. Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which are inconsistent with the objectives of this Notice of Activity and Use Limitation, and which, if implemented at the Property,may result in a significant risk of harm to health, safety, public welfare or the environment or in a substantial hazard, are as follows: (i) Any activity including, but not limited to, excavation, which is likely to disturb or render accessible petroleum-contamination soil located beneath the current building foundation with underground utility and/or construction work, without prior development and implementation of a Soil Management Plan and a Health and Safety Plan in accordance with Obligations (i) and(ii)of Section 3 of the AUL; • (ii) Any activity which is likely to disturb petroleum-contaminated soil located beneath the current building foundation for a period of time greater than three months,unless such activity is first evaluated by an LSP who renders an Opinion stating that such activity is consistent with maintaing a condition of No Significant Risk and that such activity is conducted in accordance with Obligations(i) and(ii) of Section 3 of this AUL; and, (iii) Relocation of petroleum-contaminated soil .located beneath the current building foundation, unless such relocation is first evaluated by an LSP who renders an Opinion stating that such relocation is consistent with maintaining a condition of No Significant Risk. 3. Obligations and Conditions Set Forth in the AUL Opinion. If applicable, obligations and/or conditions to be undertaken and/or maintained at the Property to maintain a condition of No Significant Risk as set forth in the AUL Opinion shall include the following: Form 1075 310 cmr 40.1099 (i) A Soil Management Plan must be prepared by a Licensed Site Professional (LSP) prior to the cmmencement of any activity which is likely to disturb petroluem- contaminated soil located beneath the current building foundation. The Soil Management Plan should describe appropriate soil management, characterization, storage, transport and disposal procedures in accordance with the provisions of the MCP cited at 310 CMR 40.0030 et seq. Workers who may come in contact with the petroleum-contaminated soil should be appropriately trained on the requirements of the Plan,and the Plan must remain available on-site through the course of the project; (ii) A Health and Safety Plan must be prepared and implemented prior to the commencement of any activity which may result in the disturbance of petroluem- contamainted soil located beneath the current building foundation. The Health and Safety Plan should be prepared by a Certified Industrial Hygienist or other qualified individual appropriately trained in worker health and safety procedures and requirements. The Plan should specify the type of personal protection, engineering controls,and environment monitoring necessary to prevent worker and other potential receptor exposures to petroluem-contaminated soil through ingestion,dermal contact, and inhalation. Workers who may come in contact with the petroleum-contaminated soil should be appropriately trained on the requirements of the Plan, and the Plan must remain available on-site through the course of the project; (iii) The petroleum-contaminated soil located beneath the current building foundation must remain in place and may not be relocated,unless such activity is first evaluated by an LSP who renders an Opinion which states that such activity poses no greater risk of harm to health, safety, public welfare or the environment and ensures that a condition of No Significant Risk is maintained. 4. Proposed Changes in Activities and Uses.Any proposed changes in activities and uses at the Property which may result in higher levels of exposure to oil and/or hazardous material than currently exist shall be evaluated by an LSP who shall render an Opinion, in accordance with 310 CMR 40.1080 et seq ., as to whether the proposed changes will present a significant risk of harm to health, safety, public welfare or the environment. Any and all requirements set forth in the Opinion to meet the objective of this Notice shall be satisfied before any such activity or use is commenced. 5. Violation of a Response Action Outcome. The activities, uses and/or exposures upon which this Notice is based shall not change at any time to cause a significant risk of harm to health, safety, public welfare, or the environment or to create substantial hazards due to exposure to oil and/or hazardous material without the prior evaluation by an LSP in accordance with 310 CMR 40.1080 et seq ., and without additional response actions, if necessary, to achieve or maintain a condition of No Significant Risk or to eliminate substantial hazards. i Form 1075 310 cmr 40.1099 If the activities, uses, and/or exposures upon which this Notice is based change without the prior evaluation and additional response actions determined to.be necessary by an LSP in accordance with 310 CMR 40.1080 et seq.,the owner or operator of the Property subject to this Notice at the time that the activities, uses and/or exposures change, shall comply with the requirements set forth in 310 CMR 40.0020. 6. Incorporation Into Deeds. Mortgages.Leases and Instruments of Transfer. This Notice shall be incorporated either in full or by reference into all deeds, easements, mortgages, leases, licenses, occupancy agreements or any other instrument of transfer, whereby an interest in and/or a right to use the Property or a portion thereof is conveyed. Owner hereby authorizes and consents to the filing and recordation and/or registration of this Notice, said Notice to become effective when executed under seal by the undersigned LSP, and recorded and/or registered with the appropriate Registry(ies) of Deeds and/or Land Registration Office(s). Form 1075 310 cmr 40.1099 Q of a 0�. WITNESS the execution hereof under seal this -� d y , Owner COMMONWEALTH OF MASSACHUSETTS a a r n S r`•kJc. C'o�,�- , ss �C fiy Gl-,-. )L ,2000 T�ahn�5 yv — Then personally appeared the above named CC P,Rea.and acknowledged the foregoing to be his/he`free act and deed before me, Notary Public: My Commission Expires: My Commission Expires October 2,2003 The undersigned LSP hereby certifies that he executed the aforesaid Activity and Use Limitation Opinion attached hereto as Exhibit C and made a part hereof and that in his Opinion this Notice of Activity and Use Limitation is consistent with the terms set fo in aid Activity and Use Limitation Opinion. Date: /a•/� ZC .S. SNOFMAS LSS,CyG �o -V THEODORE J. o KAEGAEL JR. y NO.r � ��ys9FGISTEP��5`0� COMMONWEALTH OF MASSACHUSETTS •►�►►:E Oft yei sZeL rlo&74 , ss /; , 2QV Then personally appeared the above named) and acknowledged the foregoing to be his/her free act and deed before me, Notary Public: My Commission Expires: EXHIBIT A (Description of Parcel of Land/Area Subject to AUL) A.certain parcel of land situated in Hyannis, Barnstable County, Massachusetts, owned by Dennis M.Carey, P.O.Box 1,Hyannisport,Massachusetts, shown as Lot 3 on a plan entitled, "Plot Plan of Land with Location of Activity and Use Limitation for 64 Harbor Road,Hyannis,MA",dated May 21, 1999, Scale 1"=40', prepared by Carmen E. Shay, Environmental Services, Inc., 34 Thatcher's Lane,East Falmouth, Massachusetts,and recorded with Barnstable County Registry of Deeds in Plan Book .5�,Plan and being more particularly bounded and described as follows: BEGINNING at a point on the easterly side of Harbor Road, approximately on hundred and thirty-four and 14/100 (134.14)feet south of Warren Avenue,at the southwest corner of land now or formerly of Dennis M. Carey; and thence running S 790 29' 00" W by land now or formerly of Dennis M. Carey one hundred sixty.and 00/100(160.00)feet;thence turning and running S 130 16 20" W by land now or formerly of Sebastion Volpe one hundred twenty and 9/100 (120.09) feet; thence turning and running S 790 2 F 50" W by land now or formerly of Sebastion Volpe one hundred eleven and 56/100 (111.56) feet; thence turning and running N 100 3 F 00" W along the easterly sideline of Harbor Road, one hundred ten and 12/100 (110.12) feet to the point of beginning,containing 14,932 square feet of land,more or less, according to said plan. EXHIBIT B SKETCH PLA • - i—PAGE-9 t Pb �+ A CLASS B RESPONSE ACTION OUTCOME STATEMENT �a FOR THE PROPERTY KNOWN AS 64 HARBOR RD, HYANNIS, MA HAS BEEN FILED WITH THE MA DEPARTMENT OF ENVIRONMENTAL PROTECTION IN LAKEVILLE. MA n Avs4 c AND REQUIRES AN ACTIVITY & USE LIMITATION (AUL) �A • �• `y THE AREA OF AUL IS EQUAL TO 'as V. _ THE BOUNDRIES OF LOT 3 - 14.932 S.F.SIT ��vis -me AS SHOWN ON THIS PLAN N LOCUS- 1' = 2,000' LOT I LOT 2 N/F DEWS K CAREY K/F DENNIS K CAREY a JEANNE L CAREY a JEAN NE S. CAN" O CC IHi0A0 r O N 4f EL > LOT 3 14,932 S.F. J O ` n £ O 0/AID S79d 21. 5VVPi O 1RD N 116 N/F SAIIASTEN VOLPE 0 40 80 100 I CERTIFY THAT TFHEPROPERTY LINES SHOWN ON THIS PLAN I I ARE THE LINES DMOING EXISTING OWNERSHIPS AND i rii 1 LINES OF THE STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE WAYS ALREADY ESTABLISHED AND THAT SCALE. 1�_ 40' NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR FOR NEW WAYS ARE SHOWN. AND ems: THE PROPERTY LNES ARE COMPILED FROM I CERTIFY THAT THIS PLAN WAS MADE TO CONFORM TO 7W SURvEY PLAN GENERATED or THE RULES & REGULATIONS OF THE REGISTRY OF DEEDS. `'' COIEREY, P.E. RA-& OF CQR .IDWIll MA ETiTflLED ' PIAN OF LAND IN 6016STABLE . 6W (Aprll 5. 1963) AND NOT AS A RESULT OF AN INSTRUMENT SURVEY IT SHOULD K USED FOR NO PURPOSE OTHER THAN RECORDING THIS ACTMTY t USE UMTATION L. j----=------�---'---� �-=--s------ LEGEND 5/21/99 DENOTES RELEASE AREA EXTENTS AUL ACTIVITY & USE LIMITATION ZONING = RB PLOT PLAN OF LAND WITH LOCATION OF ACTIVITY & USE LIMITATION FOR DEvmS A4.CAREY' 64 HARBOR ROAD (O'"E R) HYANNIS, MA ��atMor y�c�' PREPARED SY.. r RT CARMEN E. SHAY .HOLY "J ffle N0' y 34 THATCHERS LANE `- EAST FALMOUTH. MA 025.M ^o A1I : 506-S46-0794 FOR REGISTRY USE -a ORroMY: CFS DATE MAY 21, i999 IN BY. PRWECTj%101 i1lFlWE: Si/01.01FG SIEFf / t>F 1 EXHIBIT C ACTIVITY AND USE LIMITATION OPINION In accordance with the requirements of 310 CMR 40.1074,this Activity and Use Limitation Opinion has been prepared for a parcel of land owned Dennis M.Carey,located at 64 Harbor Road,Hyannis, Barnstable County, Massachusetts (the "Property"). As of the date of this Activity and Use Limitation Opinion, the Property and surrounding area is zoned for residential use. The Property contains one residential building and is otherwise ubiquitously vegetated. Site History The Property has always been residentially used or vacant and undeveloped until the present. In 1988, a subsurface fuel oil tank feedline was discovered by an oil-bumer service man to be leaking fuel oil beneath the residence foundation. The Hyannis Fire Department notified the DEP(at that time,the DEQE)of the release(the"Release")based on their immediate inspection of the basement area and olfactory conditions suggesting a petroleum release had occurred and, an evaluation of fuel oil delivery records. From 1989 to 1993, several subsurface investigations were conducted which revealed petroleum- contaminated soil from below the former leaking fuel oil feedline to the groundwater located approximately 15 feet below. Several groundwater monitoring wells placed around and downgradient to groundwater flow from the release area indicated select downgradient monitoring wells contained separate phase petroleum product. From 1996 to 1999, additional site investigation work conducted as part of an ongoing,DEP approved Immediate Response Action indicated concentrations of soil Extractable Petroleum Hydrocarbons (EPHs) and Poly Aromatic Hydrocarbons (PAHs) which exceed the MCP Method 1, S-1 Standards but fall below the Method 1, S-3 Standards to exist in soil samples collected from 8 to 10 feet below the former fuel oil feed line/area below the building foundation. IRA results also revealed, based on 3 separate well gauging events, separate phase oil detected in select downgradient monitoring wells to be immeasurable (< 1/8 inch thick) relative to true formation thickness and no additional wells becoming impacted with separate phase oil: Three (3) separate groundwater sampling events conducted during the IRA indicated:all sample concentrations of-on- site and off-site - groundwater Volatile Organic compounds (VOCs) and PAHs below Method 1, GW-1 Standards; all but 2 averaged sample - on-site - concentrations of EPHs below Method 1, GW-1 Standards; and, 2 - on-site - sample concentrations slightly above the Method 1, GW-I Standards for cl 1-c22 aromatic hydrocarbon range of EPHs,but significantly below the Method 1, GW-2 Standards. Groundwater beneath the Property is considered to fall into the GW-2 category based on it's proximity to salt-water bodies and consequent likeliness for diminished drinking water quality. [Note: The "MCP"is the Commonwealth of Massachusetts'code of regulations for the notification, assessment and cleanup of disposal sites where a release of oil and/or hazardous material has occurred. The "MCP Method I Cleanup Standards" refer to numerical standards for chemical contaminants in soil and groundwater which are published in the MCP.J page 1 of 4 Reason for Activity and Use Limitation A Method 1 Risk Characterization was conducted to evaluate the risk posed by contamination remaining in soil and groundwater from the Release. Using the Method 1 approach, concentrations of VOCs, PAHs and EPHs remaining in soil and groundwater were compared to the MCP Method 1, Soil and MCP Method 1, Groundwater Standards to determine if the Release poses a risk for current and future activities and uses. The Method 1 Risk Characterization concluded that the Release poses No Significant Risk to health, safety, public welfare or the environment for current conditions of residential use of the Property because contaminant concentrations remaining in soil and groundwater met the applicable Method 1, S-2 and S-3 Soil Standards and GW-2 Groundwater Standards, respectively. Levels of off-site groundwater VOCS, PAHs and EPHs met the lower Method 1, GW-1 Standards and, all groundwater samples collected during the IRA fall significantly below the Method 1, GW-2 Groundwater Standards. Levels of VOCs measured in soil met the lower Method 1, Soil Standards and, as well as groundwater contaminant concentrations, pose No Significant Risk for unrestricted future site activities and uses. However, since select EPHs and PAHs in soil located 8 to 10 feet below the current residence foundation exceeded their respective Method 1, S-1 Standards, an unacceptable risk exists should future activities and uses of this portion of the Property result in unrestricted human exposure to the soil,such as those associated with a child's exposure through direct contact and/or dermal absorption. Therefore, in order to ensure that such exposures do not occur and that a condition of No Significant Risk be maintained for future activities and uses, an Activity and Use Limitation is required to restrict certain activities and uses of the Property. Permitted Activities and Uses (i) Subject to the provisions listed below, non-invasive activities and uses including, but not limited to, residential use which do not compromise the structural integrity of the current residence foundation or disturb petroleum-contaminated soil located beneath the current residence foundation on the Property; (ii) Any other activity which does not excavate or disturb petroleum-contaminated soil; (iii) Short-term(three months or less)underground utility and/or construction activities including, but not limited to, excavation (including emergency repair of underground utility lines), which are likely to disturb petroleum-contaminated soil location beneath the current building, provided that such activities are conducted in accordance with Obligations/Conditions(i)and (ii) in Section 3 of this Activity and Use Limitation Opinion ("Opinion"), the soil management procedures of the MCP cited at 310 CMR 40.0030, and all applicable worker health and safety practices pursuant to 310 CMR 40.0018; (iv) Activities and uses which are not identified in this Opinion as being inconsistent with maintaining a condition of No Significant Risk; and, page 2 of 4 Permitted Activities and Uses (cont.) (v) Such other activities and uses which, in the Opinion of an LSP, shall present no greater risk of harm to health,safety,public welfare,or the environment than the activities and uses set forth in this paragraph. Activities and Uses Inconsistent with the AUL Opinion (i) Any activity including, but not limited to, excavation, which is likely to disturb or render accessible petroleum-contamination soil located beneath the current building foundation with underground utility and/or construction work, without prior development and implementation of a Soil Management Plan and a Health and Safety Plan in accordance with Obligations (i)and (ii) of Section 3 of the AUL; (ii) Any activity which is likely to disturb petroleum-contaminated soil located beneath the current building foundation for a period of time greater than three months, unless such activity is first evaluated by an LSP who renders an Opinion stating that such activity is consistent with maintaining a condition of No Significant Risk and that such activity is conducted in accordance with Obligations (i) and (ii) of Section 3 of this AUL; and, (iii) Relocation of petroleum-contaminated soil located beneath the current building foundation, unless such relocation is first evaluated by an LSP who renders an Opinion stating that such relocation is consistent with maintaining a condition of No Significant Risk. Obligations and Conditions (i) A Soil Management Plan must be prepared by a Licensed Site Professional (LSP) prior to the commencement of any activity which is likely to disturb petroleum-contaminated soil located beneath the current building foundation. The Soil Management Plan should describe appropriate soil management, characterization, storage, transport and disposal procedures in accordance with the provisions of the MCP cited at 310 CMR 40.0030 et seq. Workers who may come in contact with the petroleum-contaminated soil should be appropriately trained on the requirements of the Plan,and the Plan must remain available on- site through the course of the project, (ii) A Health and Safety Plan must be prepared and implemented prior to the commencement of any activity which may result in the disturbance of petroleum-contaminated soil located beneath the current building foundation. The Health and Safety Plan should be prepared by a Certified Industrial Hygienist or other qualified individual appropriately trained in worker health and safety procedures and requirements.The Plan should specify the type of personal protection, engineering controls,and environment monitoring necessary to prevent worker and other potential receptor exposures to petroleum-contaminated soil through ingestion, dermal contact, and inhalation. Workers who may come in contact with the petroleum- contaminated soil should be appropriately trained on the requirements of the Plan, and the Plan must remain available on-site through the course of the project; page 3 of 4 Obligations and Conditions (cont.) (iii) The petroleum-contaminated soil located beneath the current building foundation must remain in place and may not be relocated, unless such activity is first evaluated by an LSP who renders an Opinion w 'ch states that such activity poses no greater risk of harm to health, safetrskis i elfare or the environment and ensures that a conditio of No�nificant itt tained. LSP: �SN0F MIA s Theodoi�J✓Kai, icen d Site Professional y�Lp o THEODOREJ. KAEGAEL JR. ti NO. 1127 Date: ,'6'!�'?-�'�� �`�2S,9FGISTE4�0 SITE PRLA C� page 4 of 4 EXHIBIT D BWSC AUL Transmittal Form 1 i Massachusetts Department of Environmental Protection BWSC-114 Bureau of Waste Site Cleanup Release Tracking Number ACTIVITY & USE LIMITATION (AUL) OPINION FORM D Pursuant to 310 CMR 40.1070-40.1084 (Subpart J) IT -ET31 COMPLETE THIS FORM AND ATTACH AS AN.EXHIBIT TO THE AUL DOCUMENT TO BE RECORDED AND/OR REGISTERED WITH THE REGISTRY OF DEEDS AND/OR LAND REGISTRATION OFFICE. A. LOCATION OF DISPOSAL SITE AND PROPERTY SUBJECT TO AUL: Disposal Site Name: �/t le S }d f'Yi C F �1 t / Street: L f Ct;r�j �— �} [� Location Aid: ao ��. _lrx�1�i� of 6'' fh Q �� • City/Town: L/�'°, V1 l ZIP Code: Address of property subject to AUL,if different than above. Street: City/Town: ZIP Code: B. THIS FORM IS BEING USED TO: (check one) kProvide the LSP Opinion for a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074(complete all sections of this form). Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081(4) (complete all sections of this form). Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(3) (complete all sections of this form). Provide the LSP Opinion for a Grant of Environmental Restriction,pursuant to 310 CMR 40.1071,(complete all sections of this form). Provide the LSP Opinion for an Amendment of Environmental Restriction,pursuant to 310 CMR 40.1081(3)(complete all sections of this form). Provide the LSP Opinion for a Release of Environmental Restriction,pursuant to 310 CMR 40.1083(2)(complete all sections of this form). C. LSP OPINION: I attest under the pains and penalties of perjury that I have personally examined and am familiar with this submittal,including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of(i)the standard of care in 309 CMR 4.02(1),(ii)the applicable provisions of 309 CMR 4.02(2)and(3),and(iii)the provisions of 309 CMR 4.03(5),to the best of my knowledge,information and belief, > if Section B indicates that a Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1074(1)(b); > if Section B indicates that an Amended Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in-accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii) complies with 310 CMR 40.1080(1)and 40.1081(1); > if Section B indicates that a Termination of a Notice ofActivity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(h)complies with 310 CMR 40.1083(3)(a); > if Section B indicates that a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal @ is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(i)complies with 310 CMR 40.1071(1)(b); > if Section B indicates that an Amendment to a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1080(1)and 40.1081(1); > if Section B indicates that a Release of Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and (ii)complies with 310 CMR 40.1083(3)(a). I am aware that significant penalties may result,including,but not limited to,possible fines and imprisonment,if I submit information which I know to be false,inaccurate or materially incomplete. Check here if the Response Action(s)on which this opinion is based,if any,are(were)subject to any order(s),permit(s)and/or approvals) issued by DEP or EPA. If the box is checked,you MUST attach a statement identifying the applicable provisions thereof. SECTION C 1S CONTINUED ON THE NEXT PAGE. Revised 5/8/95 Do Not Alter This Form Page 1 of 2 Massachusetts Department of Environmental Protection BWSC-114 Bureau of Waste Site Cleanup Release Tracking Number ACTIVITY & USE LIMITATION (AUL) OPINION FORM P rsuant to 310 CMR 40.1070-40.1084(Subpart J) 3 t/ C. LSP PI ON: (continu d) i LSP Name: // V• eL JIC LSP#:4�1 _ Stamp: e �p�SHOFMgSSgC Telephone: -O �O G� FAX: c THEODORE J. EI ��✓L/ Gti% G US E f P KAEGAEL JR. CaNO.1127 y LSP Signatu . 2 ��'ys9F-ISTE�F'� �Sr*v YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY FIND THE DOCUMENT TO BE INCOMPLETE. Revised 5/8/95 Do Not Alter This Form Page 1 of 2 ARNSTABLE COUNTY REGISTRY OF DEEDS JOHN F. MEADE, REGISTER .EGISTER RECEIPT #: 2000 28109 RG170R RINTED: FRI 10/27/00 12: 04 :49 BATCH: 6666 USTOMER: N/A PAGE: 1 ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- OOK-PAGE: 13323 320 RECORDING FEE: 21.00 NSTRUMENT #: 66806 1 POSTAGE: .33 .ECORDING DATE: FRI 2000-10-27 12 :00 MARGINAL REF FEE: .00 DDRESS: 64 HARBOR ROAD COPY FEE: .00 STATE EXCISE: .00 OTAL AMOUNT DUE: 21 .33 COUNTY EXCISE: .00 AID BY: CASH ------------------------------------------------------------------------------- TOR/GTEE GROUP: 001 OWN: BARN BARNSTABLE NSTRUMENT: N NOTICE OR CAVEAT CONSIDERATION: .00 TATE EXC CONSID: . 00 COUNTY CONSID: .00 RANTOR: GRANTEE: ESCRIPTION: 559/91 MARGINAL REF BOOK-PAGE: RANTORS: CAREY DENNIS M RANTEES: NONE RECORDED ------------------------------------------------------------------------------- eturn addRESS: DENNIS CAREY P 0 BOX 1 HYANNISPORT MA 02601 --------------7---------------------------------------------------------------- F1HE The Town of Barnstable snxNsraeM 9 Department of Health, Safety and Environmental Services rFo 3 . 1% . Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner May 15, 2000 DENNIS M.CAREY P0 BOX I HYANNISPORT, MA 02647 Re: Certificate of Inspection Multi-family Dwelling (5-year Certificate) 64 HARBOR ROAD, HYANNIS 306 172 001 Dear Property Owner: Attached you will find an application for a Certificate of Inspection as required by Section 106.5 of the Massachusetts State Building Code, Sixth Edition. Please complete the application and return to this office with the required fee: 3 Units - $81.00 The fee has been established by the State (Table 106) and must be paid before the Certificate of Inspection/Capacity Card may be issued. A copy of said Certificate shall be kept posted as specified in Section 120.5.2 of the State Code. Sincerely, Ralph M. Crossen Building Commissioner RMC/lbn j000424a r � �� ....-- i . _.r�.� - ..-_-�....�s..� _-,.r.o - - - - - -- - — -M .- _ � s...+ - -. -- -- -- �. wm.e-.�. _ - -. - �_...�.�..��...�..1u...... - -. - i i �.r b _ __ _+-C...-� �...r�.. � F _— --_— �i Q' _ #.�ie -_ � 1 _ - __ _..��ate_ - i i f 6 i I I I i � � � I ....:.3�.,���:......�..v .n .��,......�.. m..... ._._t� Rai..: __�. _..__.-p i.� lyLf..-.-JC' - - __. _. _ _ i o 1 sw-� _ —.� _— .��. ._ Aa�w::*sy,+�.yw-=acs• �T�+r-sue-' _- -- 1 x.......-..in -a_...-..fir:y'_ w� - - - -- -. I _. __.._.._-_-_ _ _ J03rPH D. DALuZ fELEPHONEi 77a-1120 Eui/ding Commissioner _ EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 January 19, 1989 Mr. Dennis Carey P. 0. Box 1 Hyannisport, MA 02647 RE: A=306-172.001 .. 64 Harbor Road, Hyannis Dear Mr. Carey: This office is in receipt of an "Incident Report" from the Hyannis Fire Department re property owned by you and located at 64 Harbor Road, Hyannis. The report indicated that there are two apartments in the basement of the dewlling. Each unit having only one means of egress. The Town of Barnstable Assessor's records indicate only one unit in the basement. The records further indicate that the additional unit was not evident in 1982. It would appear, therefore, that a zoning violation does exist. i This letter is to advise you to contact this office within fourteen (14) days of receipt of same to review the above matter. Failure to contact this office will guarantee the filing of a complaint in the First District Court at Barnstable for a violation of the Town of Barnstable Zoning By-law: Each day that such violation continues will be considered a separate offense. Peace, Phis D DDaL ng Commissioner JDD/gr cc: Town Counsel Certified mail. P 017 014 266 f [ ]'[R306 172 . 001 ] LOC10064 HARBOR ROAA CTY107 TDS] 400 KEY] 215485 --- 'MAILING ADDRESS------- PCA11051 PCS100 YR100 PARENT] 0 CAREY, DENNIS M MAP] AREA] 70AC JV] MTG] 0000 CAREY, JEANNE S SP1] SP21 SP31 P 0 BOX 1 UT11 UT21 . 34 SQ FT] 2388 HYANNISPORT MA 02647 AYB11940 EYB11975 OBS] CONST] 0000 LAND 75100 IMP 198500 OTHER ----LEGAL DESCRIPTION---- TRUE MKT 273600 REA CLASSIFIED #LAND 1 75, 100 ASD LND 75100 ASD IMP 198500 ASD OTH #BLDG(S) -CARD-1 1 198, 500 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #PL 64 HARBOR RD HYANNIS TAX EXEMPT #DL LOT 3 RESIDENT' L 273600 273600 273600 #RR 0658 0110 OPEN SPACE COMMERCIAL INDUSTRIAL EXEMPTIONS SALE105/83 PRICE] 135000 ORB13747/267 AFD] I LAST ACTIVITY] 08/09/85 PCR] N I R306 172 . 001 op P R A I S A L D A T Aq KEY 215485 CAREY, DENNIS M LAND BLD/FEATURES BUILDINGS NUMBER ZN/FL= 75, 100 198, 500 1 A-COST 273 , 600 B-MKT 195, 100 BY 00/ BY ML 1/88 C-INCOME PCA=1051 PCS=00 SIZE= 2388 JUST-VAL 273 , 600 LEV=400 CONST-C 0 ----COMPARISON TO CONTROL AREA 70AC -- TREND EXCEEDS STANDARD NEIGHBORHOOD 70AC HYANNIS PARCEL CONTROL AREA TREND STANDARD 101 10 LAND-TYPE 751001 LAND-MEAN +Oo 2736001 130961 IMPROVED-MEAN +52°s 200 ] FRONT-FT ] 100 DEPTH/ACRES TABLE 02 15001 LOCATION-ADJ APPLY-VAL-STAT LNR] LAND LFT/IMP] ADJS/SB/FEAT STR] STRUCTURE ARR] AREA-MEASUREMENTS NOR] NOTES COM] MARKET INC] INCOME PMR] PERMITS GRR] GRAPHIC FUNCTION- [ ] STRUCTURE-CARD NO- [0 0 0] DATA- [ ] XMT [?] R306 172 . 001 • P E R M I T [PMT] ACTIOR] CARD [000] KEY 215485 000000001 PERMIT-NO MO YR TYPE VALUE CK-BY MO YR %CMP NEW/DEMO COMMENT Property Location: 64 HARBOR RD.HYANNIS MAP ID: 306/172/001// Vision ID: 24384 Other ID: Bldg#: 1 Card 1 of 1 Print Date:09/14/1999 'HUN.c HLI .. .. �s;.' . .�.: .�« . c ::- :'rI". — NT Description Code AAppraised ValueAs sessed Value AREY,JEANNE S RESLAND O BOX 1 SIDNTL 1050 137,10 137,10 801 YANNISPORT,MA 02647 E DATA-Barnstable, _sue � 7�c—count IF I I n4520 Plan Rer. ax Dist. 400 Land Ct# er.Prop. #SR VISION Life Estate DL 1 LOT 3 Notes: DL 2 GIS ID: iota , , ..;.m.. a., -.._x:. .� -., _ .. .,..a�.•.k. -..:.,.�..,. ...,. '+v ...,.,,. -> _.em s.,..: q u ,V l a .�.. �, .�,,,a., ..: :. .„ :5 �..r_ ,.. �.s t . a.x . : v. r. Code Assesse a ue r. o e ssesse a ue r. o a AssessedValue 1999 1050 137,10 199A 1050 133,60 oa. oa. oa. , is signature acknowledges a visit a ata o ector or ssessor Year ype escrrptron mount C Code Description _ Number �mount Comm.Int. Appraised Bldg.Value(Card) 106,900 Appraised XF(B)Value(Bldg) 30,200 o a Appraised OB(L)Value(Bldg) 0 Appraised Land Value(Bldg) 98,500 . ) .�� , - 'Ill` ..,, Special Land Value VIEW Total Appraised Card Value 235,60 Total Appraised Parcel Value 235,60( Valuation Method: Cost/Market Valuatio �et Total ppraiseParcel Value 235,6UU .. vww u �. Permit ID Issue Date 1ype Description Amount, Insp.Date o Comp. Date Comp. Comments Date ID Cd. PurposelKesult P zfulvilli ..�� F � ,>. �-.:. 3,�'.�, , ��> ., �� :� ,�iPar��;� : �,a,•. .�u � ��. :�n _.�,. as .,£k,.�� ..�•,..` a. Use Code Description one D Prontage Uepth Units Unit Price L Pactor actor otes- ectal Pricing n Land Value ree am o es:1U IBLIJU 289,590.Ut , --7—oF.Fi—.na Units &al Landa u , Property Location: 64 HARBOR RD HYANNIS MAP ID: 306/172/001// Vision ID:24384 Other ID: Bldg#: 1 Card 1 of 1 Print Date:09/14/1999 s 411141411 __ w - �, r Element escription u6nunerctatDara Blements Style/ ype ape Cod Dement Cd. Ch. Description Model 01 Residential Heat Grade + + Frame Type Jlu 14 Stories 1.5 1/2 Stories Baths/Plumbing 34 PTO ccupancy 00Ceiling/Wall ooms/Prtns 6 8 Exterior Wall 1 14 Wood Shingle /o Common Wall 2 11 Clapboard Wall Height BMT Roof Structure 03 able/Hip 12 Roof Cover 10 Wood Shingle 6 $ BAS MT Interior Wall 1 3 Plastered . F, ra 4 T� ,t 3 2 5 all Element Code escription actor 18 FHS BAS nterior Floor 1 14 Carpet Uomplex BMT 3C 12 2 12 Hardwood Floor Adj 12 Unit Location Heating Fuel 02 Oil 12 Heating Type 05 Hot Water Number of Units 14 C Type 01 None Number of Levels /o Ownership Bedrooms 5 Bedrooms Bathrooms 3.5 3 1/2 Bathrms � - ` 1 Full+IHr .` , 34 TotalUna 48.00 Rooms 13 13 Rooms ze A. ase a e ize Adj.Factor 0.98041 Grade(Q)Index 1.51 Bath Type Adj.Base Rate 71.06 Kitchen Style Bldg.Value New 169,620 car Built 1940 ff.Year Built 1975 rml Physcl Dep 22 uncnl Obslnc con Obslnc 25 ecl.Cond.Code da Code pecl Cond /0 10 escri tion ercenta a veralI%Cond. 63 OR I ree Fam eprec.Bldg Value 106,900 • z ; r W , Code D escription 1.1ff � nits Unit Price Yr. Dp Rt VoCnd Apr. Value FPLZ tircpl-1/2 Sty is I— FPO xt FP Opening B �800.0 1975 1 100 �60 APTX Extra Apartmt B 2 5,000.0 1975 1 100 7,80 BFAI Bsmt Fin-Good B 1,300 19.0 1975 1 100 19,30 pi,. .., �e Code Description LivingArea CirossArea Eff Area Unit Cost Undeprec.'W Value HAS First oor BMT Basement Area 1,41 28 14.21 20,11 FHS Half Story,Finished 71z 1,02 71 49.7 50,73 PTO Patio 22 2 7.11 1,56 11 X Grog-s LivlLease Area 2,U81 4,021 2,i8l Bldg169,624 [ ] [R306 . 172 . 001 ] LOC.] 00,64` HARaOR-'0AD "- -CTY]-07 TDS] 400 • HY KEY] 215485 ----MAILING`ADDR-ESS------•-� —PCA] 10 15 PCS] 0 0 YR] 0 0 PARENT] 0 CAREY, DENNIS M MAP] AREA] 70AC JV] MTG] 0000 CAREY, JEANNE S SP1] SP21 SP31 P 0 BOX 1 UT11 UT21 . 34 SQ FT] 2388 HYANNISPORT MA 02647 AYB11940 EYB11975 OBS] CONST] 0000 LAND 75100 IMP 198500 OTHER ----LEGAL DESCRIPTION- --- TRUE MKT 273600 REA CLASSIFIED #LAND 1 75, 100 ASD LND 75100 ASD IMP 198500 ASD OTH #BLDG(S) -CARD-1 1 198 , 500 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #PL 64 HARBOR RD HYANNIS TAX EXEMPT #DL LOT 3 RESIDENT' L 273600 273600 273600 #RR 0658 0110 OPEN SPACE COMMERCIAL INDUSTRIAL EXEMPTIONS SALE105/83 PRICE] 135000 ORB13747/267 AFD] I LAST ACTIVITY] 08/09/85 PCR] N i R306 172 . 001 • A P P R A I S A L D A KEY 215485 CAREY, DENNIS M LAND BLD/FEATURES BUILDINGS NUMBER ZN/FL= 75, 100 198, 500 1 A—COST 273 , 600 B—MKT 195, 100 BY 00/ BY ML 1/88 C—INCOME PCA=1051 PCS=00 SIZE= 2388 JUST—VAL 273 , 600 LEV=400 CONST—C 0 ----COMPARISON TO CONTROL AREA 70AC -- TREND EXCEEDS STANDARD NEIGHBORHOOD 70AC HYANNIS PARCEL CONTROL AREA TREND STANDARD 101 10 LAND—TYPE 751001 LAND—MEAN +0% 2736001 130961 IMPROVED—MEAN +52% 200-o ] FRONT—FT ] 100 DEPTH/ACRES TABLE 02 1500-.1 LOCATION—ADJ APPLY—VAL—STAT LNR] LAND LFT/IMP]ADJS/SB/FEAT STR] STRUCTURE ARR]AREA—MEASUREMENTS NOR] NOTES COM] MARKET INC] INCOME PMR] PERMITS GRR] GRAPHIC FUNCTION— [ ] STRUCTURE—CARD NO— [0 0 0] DATA— [ ] XMT [?] s g �F ;i f R306 172 . 001 • P E R M I T [PMT] *ON [R] CARD [000] KEY 215485 000000001 PERMIT-NO MO YR TYPE VALUE CK-BY MO YR oCMP NEW/DEMO COMMENT [ ] [ J [ ] [ J ^ J [ J [ J [ J [ J [ J [ J } tf a �i -4—WA.trails -- -tlsmt.kec.koom- • St. Shower rt // « .x 'iCohe.;Slab Bsmt:Gara e t Itt`',P{t _. , ., rPURCHfFDATE ! 7Q .w ��C.�+✓; '✓� 3, 1453 _ H St. Shower Ext. _ s`:.s t: ra t9; fit;,,t yl. ..,•r `.y y E tr ig�" t=iir7'. ' `wsP3 Walls_. + f If't �a. :jw'.tIPURCH.PRICE ,�tOOQt ' f'' 'Brick Walls Attic FI.&Ste irs' Toilet Room Tr ' a i' ' �,,. so•. �. �t ', n r -rri: iR h b ' Roof I,1„ •,,_, ,RENT ¢>.sm t fiatF± aafma� "� f3 4 , t a� ��` fit Stone Walls.; i� +�. Fin:Attie / Two Fixt. Bath 1 k x �•" " Lz° r;-t.W-, f s''^+� ., x1 Pieis INTERIOR -FINISH Lavatory Extra Floors x�p,'' `4 Bsmt. - 7%J UU O r`•t:;, •. t -x•(i /»/ .':+ta. F 1' 2 3 Sink t 1Yl.�` f ♦,nJ r/z r/a Plaster Attic MT Water Clo. Extra (.? �� P(, Tic E, �S ExT, ; �k-f w IW s 3 EXTERIOR WALLS Knotty Pine Water Only Double Siding PI wood i Bsmt. F n a'� 4,J Y � No Plumbing 'G1i• � -:� �,Ow .. c � �� Single Siding Plasterboard Int. Fin, 6 t xr Shingles 3 TILING A' j ;//.%;! 'GJ �fj1 ��6✓`y �. ,'onc. Elk. G F P Bath Fl, Heat Face Brk.On Int. Layout Bath FI. &Wains. J !Q Auto Ht. Unit x/0 Veneer Int. Cond. Bath Fl. &Walls Fireplace :om. Brk.On HEATING Toilet Rm. FI. Plumbing j-- iolid Com. Brk. Hot Air Toilet Rm.Ff.&Wains. S•`� -• � ilingSteam Toilet Rm. FI.&Walls ilanket Ins. Hot Water CO V St. Shower'oof Ins. Air Cond. Tub Area OTT otal Floor Furn. ROOFING COMPUTATIONS . sph. Shingle / Pipeless Furn. food Shingle No Heat late Shingle Oil Burner i S S. F. late Coal Stokerde Gas �✓ .r.. ROOF TYPE Electric �" J S'F. �� .7 % >' OUTBUILDINGS ? {� S. F. 1 2 3 4 5 6 7 819110 MEASURED able Flat %_, �1j-, C•�' 1 2 3 4 5 6 7 8 9 10 iD Mansard FIREPLACES n9 S. F. �l, /Gi ' 3 Pier Found. Floor ambrel Fireplace Stack ? / Wall Found. 0.H.Door LISTED FLOOR Fireplace - mc. Sdg. _ LIGHTING �`� ��" % Sgle. Roll Roofing rrth No Elect. Dble.Sdg. Shingle Roof ne Shingle Walls Plumbing �7 ardwood ROOMS Cement Blk. ElFIN.. ct / 7 �� 0.Tile MTR TOTAL / 'N Brick Int. Finish PRICED . ogle FACTOR -REPLACEMENTOCCUPANCY SIZE AREACLASS AGE REMOD. COND. REPL. VAL. Phy.DeD• PHYS. VALUEFunct.Dep. gCTUAL VAL. p 5-7 q `/O�:2 i 7 3 3 0-0 2 `� 3 S Sp 3 4 5 6 7 8 9 i J O TOTAL { RESIDENTIAL PROPERTY MAP NO. LOT NO. j I FIRE DISTRICT 306 172 STREET 64 �d,T'�30T' t�Cl. Hyannis SUMMARY H 73 LAND OWNER BLDGS. TOTAL ��S RECORD OF TRANSFER DATE eK PG I.R.s. REMARKS: LAND BLDGS. -.1-h/-19/69 . l5:5_-103• B TOTAL Trombetta l029 70 1488 114 Dominic S. Tr. G S,000. q a LAND lYv•J ) BLDGS. / TOTAL LAND ' 0) BLDGS. TOTAL LAND a) BLDGS. TOTAL LAND 0) BLDGS. TOTAL LAND BLDGS. TOTAL INTERIOR INSPECTED: ) LAND /1 BLDGS. DATE: °, ' f^`n TOTAL f, 3 aFY LAND ACREAGE COMPUTATIONS /� t ,v (�,z BLDGS. LAND TYPE •# OF ACRES PRICE TOTAL DEPR. VALUE HOUSE LOT LAN DL CLEARED FRONT REAR OI BLDGS. WOODS&SPROUT FRONT .- TOTAL REAR LAND HASTE FRONT BLDGS. REAR TOTAL LAND BLDGS. TOTAL LAND - /J ,/;� /� LOT COMPUTATIONS rn BLDGS. LAND FACTORS TOTAL FRONT DEPTH STREET PRICE DEPTH % FRONT FT. PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND ROUGH TOWN WATER BLDGS. HIGH GRAVEL RD. TOTAL LOW DIRT RD. LAND SWAMPY NO RD. 0) BLDGS. '- TOTAL " TOWN OF BARNSTARI F= MAC— A=306-172.001 J03FPH D. DALuz Building Commiuiontr TELEPHONES 773-1120 EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR. TOWN OFFICE BUILDING HYANNIS, MASS. 02601 January 19, 1989 Mr. Dennis Carey P. 0. Box 1 Hyannisport, MA 02647 RE: A=306-172.001 .. 64 Harbor Road, Hyannis Dear Mr. Carey: This office is in -receipt of an "Incident Report" from the Hyannis Fire Department re property owned by. you and located at 64 Harbor Road, Hyannis. The report indicated that there are two apartments in the basement of the dewlling. Each unit having only one means of egress. The Town of Barnstable Assessor's records indicate only •one unit in the basement. The records further indicate that the additional unit was not evident in 1982. It would appear, therefore, that a zoning violation does exist. This letter is to advise you to contact this office within fourteen- (14) days of receipt of same to review the above matter. Failure to contact this office will guarantee the filing of a complaint in the First District Court at Barnstable. for a violation of the Town of Barnstable Zoning By-law. Each day that such violation continues will be considered a separate offense. Peace, PJs D'. DaL ng Commissioner. JDD/gr cc: Town Counsel Certified mail P 017 014 266 ` 1 J 'ROPERTY ADDRESS I ZONING (DISTRICT CODE _ SP-DISTS.I DATE PRINTED SLATE I PCS I NEIHD KEY NO. CLASS 0064 HAR30R ROAD 07 400 07HY- 07/09/95 1051 ,00 7.0AC R306 172.001 215485 LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS 7 ACRES/UNITS VALUE Description CAREY, DENNIS M MAP- Lano eyrDate sire o,mens�on LOC./V R.SPEC.CLASS ADJ. COND. YPE RrICE AD PRICE NIT /ELAND 1 75i1 DD / cD FF.De tbrAoes CARDS IN ACCOUNT - L �10 18LDG.SIT 1 X .34A=15 1=115 197 64999-9S 220934.9 ..34 75100 #BLDG(S)-CARD-1 1 198,500 01 YPL 64 HARBOR RD HYANNIS U - N (BATHS .3.1 U X 9= 100 16400-OC 16400.00 1.00 116400 3 #DL LOT 3 MARKET 1 00 D FIREPLACE U X 3= 100 3900.00 3900.00 1.00 3900 B #RR 0658 0110 INCOME EXT FIREPL U X 8= 100 1700.0 1700.00 1-00 1700 B SE A SLA BSMT RM S X I B= 100 36.3 45-8 . 1300 595UD B APPRAISED VALUE D IAPT EXTRA U x 8= 100 5800.00 5800.00 2.00 11600 B A 273.600 A vi ARCEL` SUMMARY T AND 75100 A T i LDGS 198.500 T I I -IMPS � TOTAL 273600 F E N CNST E N i DEED REFERENCE A Tp MoD.ATEv,.D PRIOR YEAR VALUE T oA.tl B374Pe S.Ie Pnc. LAND 75100 T S 267� I05/83 135000 EILDGS 19850C U TOTAL 27360C R _ I ' BUILDING PERMIT LAND ADJUST:FOR S Nember Dale Type Amon^IVIEW 7 LAND LAND-ADJ INCOME I SE SP-BLDS FEATURES BLD-ADDS UNITS 93100 . 00- Consl To:a1 C,B -I: Norm. Obsv. Units l-'ni:s Basc-Rase AJI Rate A u '4ge Dep, ConC. CND Loc %R.G Rep: Cost New Atll Repl Velue Stones Me,g1.t Rooms Rms Batba •Fiw. PNywall F.t. 07B+ 000 110 110 77.65 85.42 40 75 19 80 100 80 248172 198500. 1.5 13 5 3.1 14.0 De scn piton Rase IF Feel Repl.Cos: MKT.INDEX. 1 00 IMP.BY/DATE: ML 1/88 SCALE: 1/00.75 ELEMENTS CODE CONSTRUCTION DETAIL S BAS 100 85.42 1020 87128 c CNST GP:00 T 1S8 100 85.42 204 17426 *----14---t N ' STYLE 04 APE COD 0.0 L8X 10 3.54 48 410 8 FMP 8-----------34-----------*-__12---* DESIGN ADJ NIT 02DESIGN _A6JUST 10.0 'R FMP 55 5.50 112 616 ! ! 815 ! FMP ! X7ER.WALL S _ 0CLP6D/SH_INGLE__ 0.0 Li FMP 55 5.50 108 594 *-6-*--8--* 9 9 EAT/AC YY?E 09 IL=HOT WATER 0.0 1SB 100 85.42 144 12300 ! 6 LBX b S►1 06 RYWAIUPLAST lITA T 815 42 35.38 1020 36598 I ! ! *---12---* NTE-R:LAYO0T -TZ vElR77Vagf4AL ----7f.0 ! *--8--* 1 NT-ER=OUALTY- -02 A-KE AS--EX7t ft---U=O R 18 ! 12 12 FLDVR-STI-0CT -0214 ti-3OIST/BEA14----9 4 L D W! 12 BASE 30 ! t LDiTR"CDVER"- -05 71TIP ET--S-RDY6----9_0 E TplalA,eas A^, .: 268 Baies 1368 ! ! ! 1S8 ! ODF"TYKE"--- -02 ABC£=MOOD-3H---U:O BUILDING DIMENSIONS ! 1S8 ! _ *---12---* ELECTRIr9L 0T VERA U.0 T BAS W34 N07 1SB W14 N18 E06 LBX *----14---* ! FOWS DATTO-N"-.- -02 OTfCRETE-BL�CK-94-9 A E08 S06 W08 N06 .. FMP E03 N08 i -------------- --- ---------------------- I W14 Soo E06 1SB S06 E03 S12 7 ! -----NEI7GlfBOR OD 7DAC-TfYANNTS----"-" L .- BAS N23 E34 FMP E12 S09 1SB ! ! LAND TOTAL MARKET S12 W12 N12 E12 .. FMP WIZ N09 *-----------34-----------X PARCEL 75100 273600 BAS S30 .- B15 N30 W34 S30 AREA 8730 E34 - . VARIANCE +0 +3034 STANDARD 20 The Commonwealth of M assachusetts TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code,Section 106.5, this CERTIFICATE OF INSPECTION is issued to DENNIS M. CAREY Certify/ that I have inspected the premises known as: 64 HARBOR ROAD MULTI-FAMILY located at. 64 HARBOR ROAD in the Village of HYANNIS County of Barnstable Commonwealth of Massachusetts. The means of egress are sufficient for the following number of persons:. Use Group Construction Type Location Capacity R2 3 UNITS I ONE-BEDROOM T TWO-BEDROOM 1 THREE-BEDROOM 47630 7/25/00 7/25/05 Certificate Number Date Certificate Issued: Date Certificate Expired: The building official shall be notified within(10)days of any changes in the above information — Building Official 7,7, 6 0 COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION MULTI-FAMILY FIVE-YEAR CERTIFICATE . Date (X) Fee Required$c?/- �y ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code,Section 106.5,I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: nn�, r Street and Number: 1�1J G/�1 S I?I) l-- Name of Premises: Purpose for which premises is used:MULTI-FAMILY RESIDENTIAL TYPE OF UNITS NUMBER OF UNITS TOTAL 13 STUDIO 1 BEDROOM / 2 BEDROOM 3 BEDROOM OTHER Certificate to be Issued to: Address: 1 /- , fi��l N 1.S /O a2!% } Telephone: Z-0 Owner of Record of Building: Z eW7 ^ AS la, _ CiX1f,E�e y(- `J E9-"04 6- Address: 1 Name of Present Holder of Certificate: Name of Agent, if any: SIGNATURE OF PERSON TO WHOM CERTIFIC E IS ISSUED OR AUTHORIZED AGENT PLEASE PRINT NAME INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER, 367 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. CERTIFICATE# 7 ® EXPIRATION DATE: 7 -2.� I 8/21/07 re: 64 Harbor Rd Robin, Atty. Dow is working on behalf of the neighbors at #74. He also has a house in the neighborhood. He reviewed file and questions whether#64 is a legal 3 unit. He says it was used as a 1 family. Also asks if it is legal to have a dumpster in this location(see GIS map)—dumpster is used by 3 properties in family compound-- #64, #6, #15 (Harbor Rd. and Warren Ave.) and he is asking if this is legal. Please call him. Lois I. . r own of Barnstable *Permit# (96 V�6 f v Expires 6 months from issue da Regulatory Services Fee . Thomas F.Geiler,Director Building Division Tom Perry,CBO, Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.bamstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY Not Valid without Red X-Press Imprint Map/parcel Number 1 7 c;k— Property Address ►/dam ❑Residential Value of Wor , Minimum fee of$25.00 for work under$6000.00 Owner's Name&Address A A Q_>�" Contractor's Name (`� (,L_S Telephone NumberS� 77j+pR� Home Improvement Contractor License#(if applicable) ! �� CD_ Construction Supervisor's License#(if applicable) ❑Workman's Compensation Insurance Check one: am a sole proprietor ❑ Iam the Homeowner - R S PERMIT ❑ I have Worker's Compensation Insurance Insurance Company Name AUG 15 2007 Workman's Comp.Policy# TOWN OF BARNSTABLE Copy of Insurance Compliance Certificate must be on file. Permit Request(check box) ❑ Re-roof(stripping old shingles) All construction debris will be taken to ❑Re-roof(not stripping. Going over existing layers of roof) ❑ Re-side Ct & 5ZA fC�`} 3 �� %-Replacement Windows. U-Value 7Z (maximum.44) *Where required: Issuance of this permit does not exempt compliance with other town department regulati?t) i.e.Historic,Conservation,etc. ***Note: Property Owner must sign Property Owner Letter of Permission. ' Home Improvement Contractors License is required. �. :,... I SIGNATUREa__ Q:Forms:expmtrg Revise071405 The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations ' 600 Washington Street Boston,MI 02111 o,M yV'Jr www.mas&gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Pluinbers Applicant Information Please Print Le ibl Name (Business/Organization/Individual)' Address: — Oro C) 04 (P,1�26 J City/State/Zip: Q � O/ � Phone#: ire you an employer? Check the-appropriate box:. Type of project(required): El am a employer with 4. ElI am a general contractor and I employees (full'and/or part-time).* have hired the sub-contractors 6. ❑ New construction J am a sole proprietor or partner- listed on the attached sheet 1 7• ❑ Remodeling ship and have no employees These sub-contractors have 8. ❑ Demolition working for me in any capacity, workers' comp. insurance [No workers' comp. insurance 5. We are a corporation and its Building-addition required.] officers have exercised their 10•❑ Electrical repairs or.additions ❑ I am a homeowner doing all work right of exemption per MGL 11.0 Plumbing repairs or additions myself. [No workers' comp. c. 152, §1(4),and we have no 12,❑ Roof repairs insurance required.] t employees. [No workers' comp*insurance required.] j 1 11[] Others ny applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information.'omeowners.who submit this affidavit indicating they are doing all work and then hire outside contractors must submit anew affidavit indicating such mtractors that check this box must attached an additional sheet showing the name of the sub-contractors and their workers'comp,policy information. man employer that is providing workers'compensation insurance for my employees. Below is.the policy and job site ormation. urance Company Name: icy#or Self-ins..Lic.#: Expiration Date:_- Site Address: City/State/Zip: ;ach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). lure to.secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a up to$.1,500,.00 and/or one-year imprisonment, as well as civil penalties in.t>ie form of a STOP WORK ORDER and a fine ap to$250.00 a day against the violator. Be advised that a copy of this statement maybe forwarded to the Office of estigations of the DIA for insurance coverage verification. e hereby certify under the pains and pen of per ry that t n'ormation provided above is true and correct. nature:. ,ne#� ' )jTkial use only. Do not write in this area,to be completed by city or town official 'ity or Town' Permit/Ucense# Issuing Authority(circle one): ..Board of Health 2..Building Department 3.City/Town Clerk 4.Electrical Other Inspector 5.Plumbing Inspector . ~ontact Person: Phone#: Information and Instructions [assachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. arsuant to this statute, an employee is defined as"...every person in the service of another under any contract of hire, Tress or implied,oral or written." m employer is defined as-"an individual,,partnership, association, corporation or other legal entity,or any two or more f the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the -ceiver or trustee of an individual,partnership,association or other legal entity, employing employees. Howo,%,er;the wner of a dwelling house having not more than three apartments and who resides therein, or,the occupant of the welling house of another who employs persons to do maintenance, construction or repair work-on such dwelling house r on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." AGL chapter 152,§25C(6)also states that"every state or local licensing agency shall withhold the issuance or -enewal of a license or permit to operate a business or to construct buildings in the commonwealth for any ipplicaut who has not produced acceptable.evidence of compliance with the insurance coverage required." additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its'political subdivisions shall ;nter into any contract for the performance of public work until acceptable evidence of compliance with the insurance -equirements of this chapter have been presented to the contracting authority. Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if. necessary,supply sub-contractors)name(s), address(es)and phone numbers)along with their certificates) of insurance. Limited Liability Conipames(CLC)or Limited Liabihty Partnerships(LI;P)with no employees other than e members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below.. Self-insured companies should enter their self-insurance license number on the appropriate'line. City or Town Officials . Please be sure that the affidavit is complete and printed legibly. The Department has provided a space atale bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permit/license applications in any given year,need-only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for;future permits or licenses..A new affidavit must be filled out-each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (ie. a dog license or permit to bum leaves etc.)said person is NOT required to complete,this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and.fax number: The Commonwealth of Massachusetts . Department of Industrial.Accidents Office gf Investigations a r 604 Washingfon Street- . Boston,MA 02111. Tel. #617-727-4900 ext 406 or-1-877-MASSAFE Fax#617-727-7749 revised 5-26-05 www.mass.gov/dia i pfrTME 10 Town of Barnstable O Regulatory Services ' '"xx I'E' Thomas F.Geiler,Director �AEEDr�'tp�m Building Division. Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder as Owner of the subject property hereby authorize &.2cy—> v�V1 to act on my behalf, in all matters relative to work authorized by this building permit application for. (Address ofJob) D Signature of Owner Date ZZ�C—Ne�(;-X Print Name �— QTORM&OwNERPERMISSION ✓xze t°omrr�o�xus✓�r a /��aa�ac�uael BOARD OF BUILDING REGULATIONS #license CONSTRUCTION SUPERVISOR + Number CS 078687 Expires 05l29l2008 Tr. no: 22140 Restrrete8 40 BRUCE P MILLS 16 CROOKED POND RR HYANNIS, MA 02601` z Commissioner � ✓/.� -t�o.rurrto�.uaeczl�o�,/l�a�clu�e� _ Board of Building Reguiatimis an;]Standards HOME IMPROVEMENT(',ONT?ACTOR Registration:,_1.36003 Ex iration -' P 5l30/2008 Type: Individual BRUCE P. MILLS BFtUCE MILLS 16 CROOKED POND-RD Hl'ANNIS, MA 02501 Deputy Administr;%tar Map Page 1 of 1 Town of Barnstable Geographic Information System Parcel Viewer I Custom MapIF Abutters Map Size Zoom Out I A 31 In JPG FMap- 306 Location: 30Ptr7uu? 3061i3008 06174004 306177001 035 �� 040 �OS159�w � Owner: Add/Subtra 06174002 A A Subject Par D. 3061 f169 ,.P Map& Par R �[617107 Location a17 � _ Owner M Map &Par 2106174001 # `�g, yt C?5[26 Location 44,9 V. y ; Owner ri Map & Par Location 30R 6' Owner 22 $� R— f195 Map &Par :I)r31'2 Location 0 4 f Owner Do I 30113 27 ,soa u 30 3 L! L Fe <D6173004 06_'2� 306#66002r i � Adjacent(Please choose abutter list type) 4.-.. Copyright 2005 Town of Barnstable,MA All rights reserved.Send questions or comment: �C�4 �• BarnstableMA v0.2.91. .Production] httn-//www.town_hamsta.hl e.ma.us/arci ms/anngeoann/man.asnx?oronertvID=3 06172001&... 8/20/2007 LETTER OF TR1i1N3MiTT(9L j"vWave2rnvironmental, Inc. Date: 2/7/07 Project No. WO15 Attention:Ms.Molly Cote Phone(50a).50-)1 o2 Fax(508)67Z-6935 Re: RTN#4-16380/ACOP-SE-03-3P-003 64 Harbor Road Hyannis,MA 02601 t TO: Massachusetts Department of Environmental Protection r--.y -- Southeast Regional Offices -T1 -� 20 Riverside Drive s R) J Lakeville,Massachusetts 02347 C::, . WE ARE SENDING YOU GYAttached ❑Under separate cover via the follow ng items: ❑ Draft Report (i) Final Report Q Plans ❑Contract/Proposal vU Invoice ❑ Copy of Letter S/Laboratory Data W/Other GSP Qp4VNWi\) COPIES DATE NO. DESCRIPTION 1 1/31/07 Class A3 Response Action Outcome report 1 1/22/07 Registry Certified Activity&Use Limitation(Appendix D) 1 1/31/07 BWSC-104 w/original signatures 1 1/31/07 BWSC-113 w/original signatures THESE ARE TRANSMITTED as checked below: ❑For approval ❑ Sign and return original ❑For review and comment lW For your information ❑Approved as noted ❑ M As requested ❑ For Payment ❑DOCUMENTS RETURNED AFTER LOAN TO US Remarks: S D.E.P_. COPY TO:Mr.Dennis Carey SOUTHEAST REGION Town of Barnstable Town Manager (Cover letter w/AUL only) Town of Barnstable Board of Health(Cover letter w/AUL only) Town of Barnstable Zoning Official,Cover letter w/AUL only) Town of Barnstable Building Code EnforcemenfOffice�`(Cover letter w/AUL only) y` r C SIGNED: P.O. Box 1549 ® Fall River,MA 02722 If enclosures are not as noted, kindly notify us at once. x Phone (Sos) s63-31 oz %/Va Ve E-rivironme-ntal, Inc Fax(508) 672-6955 February 2,2007 Bureau of Waste Site Cleanup MA DEPARTMENT OF ENVIRONMENTAL PROTECTION Southeast Regional Offices 20 Riverside Drive Lakeville, MA 02347 Attn: Ms. Molly Cote RE: CLASS A3 RESPONSE ACTION OUTCOME RTN#4-16380/ACOP-SE-03-3 P-003 64 Harbor Road—Barnstable(Hyannis), MA Dear Ms. Cote: As you are aware, on December 14, 1988, the DEP was notified of the release of home heating oil at the multi-family residence located at 64 Harbor Road, in the village of Hyannis, Barnstable, Massachusetts (hereby referred to as the subject Property). Upon notification, the DEP assigned Release Tracking Number (RTN) 4-0732 to track the response actions taken to address the oil release and issued a Notice of Responsibility to the Property owner on February 23, 1989. Various response actions and assessments were subsequently completed by multiple consultants, ultimately culminating in the January 2001 submittal of a Class B2 - Response Action Outcome (RAO) Statement which was audited and found to be deficient by the DEP in January 2003. As a result of the audit, a Request for Immediate Response Action was issued to the Property owner and in September 2003, an Administrative Consent Order (ACOP-SE-03- 3P-003), detailing a time line for the completion of several required response actions, was agreed to by both parties. In January 2005, a report combining an Immediate Response Action Completion (IRAQ, a Phase II Comprehensive Site Assessment, a Phase III Remedial Action Plan (RAP), a Phase IV Remedy Implementation Plan (RIP) and a Final IV Final Inspection and Remedy Operation Status Report was filed by the Property owner with the DEP to document post RAO retraction activities and the resulting Monitored Natural Attenuation (MNA) remedy. It was on this date that Kevin J. Beaulieu, officially became the successor LSP-of-Record, providing direct oversight of all ROS monitoring assessments while under the employment of Kaegael Environmental, Inc., who went out of business in September of that same year. All subsequent work has been completed and issued by the same LSP while being employed by Wave 2 r0 box 1549 349 Pountain Street , Pall } fiver, MA 02722 J Class A3 RAO(January 2007) 64 Harbor Road,Hyannis,MA Page 2 Environmental, Inc. (Wave 2). It is the opinion of this LSP that all work overseen during this time period was completed in a manner that is consistent with the provisions of Massachusetts Contingency Plan (MCP)and all currently accepted standards of practice. Based on a review of historic records, the heating oil release originated from a leaking feed line located below the concrete basement floor,of the on-site residential home. The line ran from the former AST located in the northeast quadrant of the basement to the home's heating system located to the southeast. The release discovery triggered several investigations to determine the extent of petroleum contamination and potential exposure risks resulting from same. Response actions completed since site discovery were limited to the removal of the fuel storage and delivery system and the replacement of fuel oil fired heating systems with natural-gas fired units. With the exception of reported free product recovery from on-site wells, Monitored Natural Attenuation has been the only other response action employed to further reduce residual contaminants in groundwater beneath the subject Site. The conceptual site model completed for the subject release by the current LSP describes that the released fuel oil migrated vertically via gravity through a breach in the feed line into underlying soils. As rainwater infiltration above the release area was restricted by the building, it is assumed that the fuel oil percolated vertically via gravity through sub-slab soils until reaching the underlying groundwater table located ten feet below the floor surface. Once encountering the groundwater table, the oil floated on the water table, traveling in the general direction of groundwater flow to the south. Once the oil plume extended beyond the building foundation limits, rainwater infiltration and subsurface conditions furthered its degradation and transport toward the southern and eastern Property limits. Testing of off-site wells installed in 1997 revealed that dissolved site contaminants migrated off site to a distance of approximately 500 feet south and east. Subsequent sampling in 1999 in the same areas found no measurable concentrations indicating that the plume had likely shrunk. As mentioned above, the source of the release (AST and buried fuel line) was immediately eliminated and natural biodegradation mechanisms have since reduced the concentration of oil in the groundwater within the source area to values approaching background levels. With groundwater conditions continuing to improve with time, potentially saturated soils situated above the water table beneath the residential building remain as the sole location of residual contamination resulting from the release. Occasional high water table events may provide some future "washing" of these soils, but without rainwater infiltration to facilitate the absorption of oil, the soils will likely remain impacted until the building is removed. Based on the results of the Method 2 Risk Characterization completed as an essential component to the attached report, it has been concluded that a condition of"no significant risk" of harm to health, public welfare or the environment exists for the subject Site under current use scenarios. In review of the complete Method 2 Risk Characterization, it is recognized that the consideration of site specific conditions played a major role in the risk assessment conclusions. The primary component was the application of the MCP GW-1 exception I Class A3 RAO(January 2007) 64 Harbor Road,Hyannis,MA Page 4 prepared. Where available, laboratory reports for data utilized in the calculation of exposure point concentrations or in support of Method 2 Risk Assessment statements have been attached to the report for ease of reference. The appropriate Massachusetts BWSC Transmittal forms, public notice documentation, AUL documents and Feasibility Analysis completes the MCP requirements for this closure option. Specifically, the following have been provided with the attached report: • Registry Attested Activity &Use Limitation(original certified copy) • Proof of Deed Cross/Marginal Reference to AUL • Letters to on-site residents per 310 CMR 40.1074(1)(e)& Certified Mail Receipts • Newspaper advertisement confirmation for AUL filing(cut-sheet to follow) As required by the MCP, public officials must be notified of the filing and availability of this report. In addition, a copy of the recorded AUL implemented as part of this closure is to be provided within 30 days of recording with the Registry of Deeds. As such, by copying this cover letter (with an attached copy of the recorded AUL) to local municipal offices, the public notification requirements mandated by 310 CMR 40.1403(3)f and 40.1403(7) are hereby addressed. The complete RAO with all required documentation is available for review at both the Southeast Regional DEP office in Lakeville, Massachusetts and Wave 2 Environmental, Inc., of Fall River, Massachusetts. If you have any further questions or concerns, please feel free to contact our office at any time. Sincerely, For Wave 2 Environmental, Inc., on behalf of the PRP r� L Xt4/'id Kevin J. Beaulieu, LSP President Attachments: -BWSC 104-RAO Transmittal Form -BWSC 113—AUL Transmittal Form -Class A3 Response Action Outcome Report cc: Dennis Carey,P.O.Box 1,Hyannisport,MA 02647 Town of Barnstable Board of Health,200 Main Street,MA 02601(Letter w/AUL) Town of Barnstable Town Manager,367 Main Street,MA 02601(Letter w/AUL) Town of Barnstable Zoning Official,200 Main Street,MA 02601(Letter WAUL) Town of Barnstable Building Code Enforcement Official,200 Main Street,MA 02601 (Letter w/AUL) 1 Bic 21716 F`s 24 6 1 .5 •; 23 01-22-2007 a 01e55o NOTICE OF ACTIVITY AND USE LIMITATION M.G.L.c.21E,§6 and 310 CMR 40.0000 Disposal Site Name: Residential Property DEP Release Tracking No.(s): 4-0732 i This Notice of Activity and Use Limitation("Notice")is made as of this G2 day of January, 2007, by Mr. Dennis M. Carey and Mrs. Jeanne S. Carey with a mailing address of PO Box 1 in Hyannisport, Barnstable, Barnstable County, Massachusetts 02647, together with their successors and assigns(collectively"Owner"). WITNESSETH: WHEREAS, Mr. Dennis M. Carey and Mrs. Jeanne S. Carey, are the owner(s) in fee UA simple of that certain parcel of land located in Barnstable (Hyannis), Barnstable County, a Massachusetts with the buildings and improvements thereon, pursuant to a deed recorded with the Barnstable County Registry of Deeds in Book 3747,Page 267; WHEREAS, said parcel of land, which is more particularly bounded and described in Exhibit A,attached hereto and made a part hereof("Property")is subject to this Notice of Activity and o Use Limitation. The Property is shown on a plan recorded in the Barnstable County Registry of m Deeds in Plan Book 376,Page 63 ; � WHEREAS,a portion of the Property("Portion of the Property")is subject to this Notice of Activity and Use Limitation. The .Portion of the Property is more particularly bounded and described in Exhibit A-1, attached hereto and made a part hereof. The Portion of the Property is shown on a plan recorded with the Barnstable County Registry of Deeds in Plan Book 614, Page 68 and on a sketch plan attached hereto and filed herewith for registration; WHEREAS,the Portion of the Property comprises all of a disposal site as the result of a release of oil and/or hazardous material. Exhibit B is a sketch plan showing the relationship of the Portion of the Property subject to this Notice of Activity and Use Limitation to the boundaries of said disposal site existing within the limits of the Property and to the extent such boundaries have been established. Exhibit B is attached hereto and made a part hereof;and WHEREAS, one or more response actions have been selected for the Disposal Site in accordance with M.G.L.c. 2 1 E("Chapter 21E")and the Massachusetts Contingency Plan, 310 CMR 40.0000 ("MCP"). Said response actions are based upon (a) the restriction of human access to and contact with oil and/or hazardous material in soil and/or (b) the restriction of certain activities occurring in, on,through,over or under the Portion of the Property. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion("AUL Opinion"),dated January 8, 2007,(which is attached hereto as Exhibit C and made a part hereof); NOW,THEREFORE,notice is hereby given that the activity and use limitations set forth in said AUL Opinion are as follows: r 1 Bk 21716 Pg 247 #4423 1. Activities and Uses Consistent with the AUL Opinion. The AUL Opinion provides that a condition of No Significant Risk to health, safety, public welfare or the environment exists for any foreseeable period of time(pursuant to 310 CMR 40.0000)so long as any of the following activities and uses occur on the Portion of the Property: (i) Residential uses of the property and activities consistent therewith which do not cause and/or result in direct contact with, disturbance of, and/or relocation of, the petroleum-contaminated soil currently located within the building footprint to depths of approximately 10 feet below the surface of the buildings concrete basement floor; (ii) Excavation associated with emergency or short term (three months or less) underground utility and/or construction work,provided it is conducted in accordance with a Soil Management Plan and a Health and Safety Plan in accordance with Obligations(i)and(ii)of this Opinion;and involves the repair and/or replacement of the concrete floor with a comparable barrier immediately following the completion of the project; (iii)Such other activities or uses which, in the Opinion of an LSP, shall present no greater risk of harm to health, safety, public welfare or the environment than the activities and uses set forth in this Paragraph;and (iv)Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with the AUL. 2. _Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which are inconsistent with the objectives of this Notice of Activity and Use Limitation,and which, if implemented at the Portion of the Property,may result in a significant risk of harm to health, safety, public welfare or the environment or in a substantial hazard, are as follows: (i) Activities and/or uses which are likely to involve the removal and/or disturbance of the concrete basement floor in the AUL Area and/or the disturbance of the petroleum-contaminated soil located beneath the concrete floor without the prior development of a Soil Management Plan and a Health and Safety Plan in accordance with Obligations(i)and(ii)of this Opinion; (ii) Relocation of the petroleum-contaminated soil from beneath the concrete floor in the AUL Area unless an LSP renders an Opinion which states that such relocation is consistent with maintaining a condition of No Significant Risk;and (iii) Activities and/or uses which may cause physical or chemical deterioration, breakage,or structural damage to the concrete basement floor. Bk 21716 Pg 248 #4423 3. Obligations and Conditions Set Forth in the AUL 02inion. If applicable, obligations and/or conditions to be undertaken and/or maintained at the Portion of the Property to maintain a condition of No Significant Risk as set forth in the AUL Opinion shall include the following: (i) A Soil Management Plan must be prepared by an LSP and implemented prior to the commencement of any activity which is likely to disturb petroleum-contaminated soil located to depths of 10 feet below surface grade within the AUL Area. The Soil Management Plan should describe appropriate soil excavation, handling, storage, transport, and disposal procedures and include a description of the engineering controls and air monitoring procedures necessary to ensure that workers and receptors in the vicinity are not affected by fugitive dust or particulates. On-site workers must be informed of the requirements of the Soil Management Plan, and the plan must be available on-site throughout the course of the project; (ii) A Health and Safety Plan must be prepared by a certified Industrial hygienist or other qualified individual sufficiently trained in worker health and safety requirements and implemented prior to the commencement of any activity,which is likely to disturb petroleum-contaminated soil located at depths down to 10 feet below surface grade within the AUL Area. The Health and Safety Plan should specify the type of personal protection (i.e., clothing, respirators), engineering controls, and environmental monitoring necessary to prevent worker exposures to petroleum- contaminated soil through dermal contact, ingestion, and/or inhalation. Workers must be informed of the requirements of the Health and Safety Plan, and the plan must be available on-site throughout the course of the project;and (iii) The petroleum-contaminated soil located to depths to 10 feet below surface grade within the AUL Area must remain at depth and may not be relocated, unless such activity is first appropriately evaluated by an LSP who renders an Opinion which states that such relocation is consistent with maintaining a condition of No Significant Risk. 4. Proposed Changes in Activities and Uses. Any proposed changes in activities and uses at the Portion of the Property which may result in higher levels of exposure to oil and/or hazardous material than currently exist shall be evaluated by an LSP who shall render an Opinion, in accordance with 310 CMR 40.1080 et seq., as to whether the proposed changes will present a significant risk of harm to health, safety, public welfare or the environment. Any and all requirements set forth in the Opinion to meet the objective of this Notice shall be satisfied before any such activity or use is commenced. 5. Violation of a Response Action Outcome. The activities, uses and/or exposures upon which this Notice is based shall not change at any time to cause a significant risk of harm to health,safety, public welfare, or the environment or to create substantial hazards due to exposure to oil and/or hazardous material without the prior evaluation by an LSP in accordance with 310 CMR 40.1080 et seq., and without additional response actions, if Bk 21716 Pg 249 #4423 Risk or to eliminate necessary, achieve r maintain a condition of No Significant e sary, to ac e e o a substantial hazards. If the activities,uses, and/or exposures upon which this Notice is based change without the prior evaluation and additional response actions determined to be necessary by an LSP in accordance with 310 CMR 40.1080 et seq.,the owner or operator of the Portion of the Property subject to this Notice at the time that the activities,uses and/or exposures change,shall comply with the requirements set forth in 310 CMR 40.0020. 6. Incorporation Into Deeds Mortgages Leases and Instruments of Transfer. This Notice shall be incorporated either in full or by reference into all future deeds, easements,mortgages, leases,licenses,occupancy agreements or any other instrument of transfer,whereby an interest in and/or a right to use the Property or a portion thereof is conveyed. Owner hereby authorizes and consents to the filing and recordation and/or registration of this Notice, said Notice to become effective when executed under seal by the undersigned LSP,and recorded and/or registered with the appropriate Registry of Deeds and/or Land Registration Office(s). WITNESS the execution hereof under seal this /v2 _day of January,2007. Mr.Dennis M.Carey �-eotw�� %M .Jeanne S.Carey COMMONWEALTH OF MASSACHUSETTS Barnstable,ss January z , 2007 On this I V+day of January,2007,before me,the undersigned notary public,personally appeared Mr. Dennis M Carey and Mrs. Jeanne S. Carey, proved to me through satisfactory evidence of identification,which were M A Dh yCY S I,ICCSYIe,to be the person whose name is signed on the preceding or attached document, and acknowledged to me that(he)(she)signed it voluntarily for its stated purpose. I Bk 21716 Pg 250 #4423 110 Notary Public: ern i�q p­bPr�-dW tch M Commission Expires: (51 113 W1 y p 3 The undersigned LSP hereby certifies that he executed the aforesaid Activity and Use Limitation Opinion attached hereto as Exhibit C and made a part hereof and that in his Opinion this Notice of Activity and IJse Limitation is consistent with the terms set forth in said Activity and Use Limitation Opinion. .�A Date:January ,2007 y� JH OR KEVIN J. BEAULIEU Kevin .Beaulieu,LSP Cn NO. 1699 � O )IT 0 E PR COMMONWEALTH OF MASSACHUSETTS Barnstable,ss January 2007 On this day of January,2007,before me,the undersigned notary public,personally appeared Mr. Kevin J. Beaulieu, proved to me through satisfactory evidence of identification, which were &d,1 S. jl('j-NSZ.: , to be the person whose name is signed on the preceding or attached document,and acknowledged to me that(he)(she)signed it voluntarily for its stated purpose. �i No Public; My Commission Fxpires: 6,141wCYG' :.•••""'•. Upon recording,return to: Mr.Dennis M.Carey PO Box 1 � ? Hyannisport,MA 02647 f Bk 21716 Pg 251 #4423 EXHIBIT A (Description of Parcel of Land Containing Area Subject to AUL) A certain parcel of land situated in Hyannis, Barnstable County, Massachusetts, owned by Dennis M. and Jeanne S. Carey,PO Box 1,Hyannisport,Massachusetts. The parcel is shown as Lot 3 on a plan entitled, "Plan of Land", dated April 5, 1983, Scale 1"=40', prepared by Frank Conery, PE., Centerville, Massachusetts, and recorded with the Barnstable County Registry of needs in Plan Book 376, Page 63 and being more particularly bounded and described as follows: BEGINNING at a point on the easterly side of Harbor Road, approximately one hundred and thirty-four and 14/100 (134.14) feet south of Warren Avenue, at the southwest comer of land now or formerly of Dennis M. Carey;thence running S 790 29' 00"W by land now or formerly of Dennis M. Carey one hundred sixty and 00/100(160.00)feet;thence turning and running S 130 16' 20"W by land now or formerly of Sebastion Volpe one hundred twenty and 9/100(120.09)feet;thence turning and running S 79'21' 50" W by land now or formerly of Sebastian Volpe one hundred eleven and 56/100(111.56)feet;thence turning and running N 100 31' 00"W along the easterly sideline of Harbor Road,one hundred ten and 12/100 (110.12) feet to the point of beginning,containing 14,932 square feet of land,more or less,according to said plan. Bk 21716 Pg 252 #4423 EXHIBIT A-1 (Description of Area Subject to AUL.) That certain portion of a parcel of land,said parcel of land being situated in Hyannis,Barnstable County,Massachusetts,and being shown as Lot 3 on the aforementioned plan recorded with said Deeds in Plan Book 376,Page 63,said portion being shown as the"AUL Area"on a plan entitled,"Activity and Use Limitation Plan",dated November 29,2006,Scale 1"=20',prepared by Silva Engineering Associates,P.C.,Bridgewater,Massachusetts,and recorded with the Barnstable County Registry of Deeds in Plan Book 614,Page 68 and being more particularly bounded and described as follows: BEGINNING AT THE LAND COURT BOUND AT THE SOUTHEAST CORNER OF A PROPERTY KNOWN AS 63 HARBOR ROAD HYANNIS,MA(ASSESSORS MAP 306 LOT 173-3);THENCE RUNNING NORTH 79*21'50"EAST FORTY FEET(40.00')TO THE SOUTHWEST CORNER OF A PROPERTY KNOWN AS 64 HARBOR ROAD,HYANNIS,MA (ASSESSORS MAP 306 LOT 173-3); THENCE RUNNING N 79021 '50"E FIFTY-TWO AND 23/100 FEET(52.23');THENCE RUNNING N 10038'10"W FIFTY-SEVEN AND 77/100 FEET(57.771)TO THE BEGINNING POINT OF THE ACTIVITY&USE LIMITATION AREA OF 64 HARBOR ROAD;THENCE RUNNING N 11°04'43"W TWELVE AND 51/100 FEET(12.5l');THENCE RUNNING N 78155'17"E ELEVEN AND 57/100 FEET(11.57');THENCE RUNNING N 11004'43"W NINE AND 12/100 FEET(9.12');THENCE RUNNING N 78'55'17"E THIRTY-FOUR AND 98/100 FEET(34.981);THENCE RUNNING S 11004'43"E SIX AND 66/100 FEET(6.66');THENCE RUNNING N 78055'17"E FOURTEEN AND 4/100 FEET(14.04');THENCE RUNNING S 11004'43"E EIGHTEENAND 141100 FEET(18.14');THENCE RUNNING S 78055'17"W FOURTEEN AND 4/100 FEET(14.04%THENCE RUNNING S 11004143"E FIVE AND 68/100 FEET(5.68');THENCE RUNNING S 7805 Y 17"W THIRTY-FOUR AND 98/100 FEET(34.98');THENCE RUNNING N 11004'43"W EIGHT AND 84/100 FEET(8.84');THENCE RUNNING S 78055'17"W ELEVEN AND 571100 FEET(11.57')BACK TO THE BEGINNING POINT OF THE ACTIVITY&USE LIMITATION AREA CONTAINING 1,466 SQUARE FEET OF LAND,MORE OR LESS ACCORDING TO SAID PLAN. Bk 21716 Pg 253 #4423 EXHIBIT B CBND 1 (held) MAP 306 LOT 172-2 MAP 306 LOT 172-3 E A N7929� t50.00. S1I0443'E NI10,43' N783'1r 9' 1TJt1•E u1 w 9.12' � �g5511'E 0' '• 1. a4 MAP 306 LOT 173-8 �°„"�1 gyp, 51 ,►'w 11 'E to O 16 o LOT 172-1 S�f 14,934 S.F. m 1 0.34 Acres 1104'4�'w 0 &84 J EX1511NG DRIVEWAY 59 3 g E 52 23 111.56 579'2W r µ792' 0 4 90Y--' MAP 306 LOT 173-4 LC.Bnd (held) PLAN REFERENCES: 1. DEED BOOK 3747, PACE 267. 2. PLAN BOOK 376, PAGE 63. 3. PLAN BOOK 110, PAGE 19 2 'SKETCH PLAN' ASSESSOR'S MAP 30A LOT 172-1 64 HARBOR ROAD BARNSTABLE (HYANN k MASSACHUSETTS PREPARED FOR: WAVE 2 ENVIRONENTAL, NC. P.O. BOX 1"9 FALL PINT , MASSACHUSETTS, 02T22 EILGVA EE ASSOCIATES P.C. do ENVIRONMENtAL CONSULTANTS 1515 BEDFORD STREET BRIDGE WATER MA. 02324 PHONE 5085 697-3100 FAX 50a 697-3136 DRAWN A 1'.�yp' AID 11 29 06I 90MWI2 1 Bk 21716 Pg 254 #4423 EXHIBIT C ACTIVITY AND USE LIMITATION OPINION In accordance with the requirements of 310 CMR 40.1074,this Activity and Use Limitation Opinion has been prepared to support a Notice of Activity and Use Limitation for the Residential property located at 64 Harbor Road,Barnstable(Hyannis),Massachusetts. At e time of the recording of this Activity and Use Limitation,the subject 0.34-acre parcel and the surrounding vicinity are zoned and used for residential purposes. A multi-family home, landscaped areas and two small parking lots occupy the property. A legal metes and bounds description of the property is provided in Exhibit A. Exhibit B attached hereto indicates the location of the disposal site relative to the subject property. The subject property and surrounding area are provided with municipal water and sewer services and do not utilize the underlying water table for consumptive purposes. Site History In 1988,the release of home heating oil from an underground feed line connecting a former above ground tank to building heating systems was discovered and ultimately required notification to the Massachusetts Department of Environmental Protection(DEP). The notification triggered several investigations to determine the extent of petroleum contamination and potential associated risks resulting from the release. Response actions were limited to the removal of the fuel storage and delivery system and the replacement of fuel oil fired heating systems with natural-gas fired units. Subsequent subsurface investigations and assessments revealed that the released fuel oil migrated vertically via gravity through a breach in the sub-slab oil feed line into underlying soils until reaching the groundwater table. Once encountering the groundwater table,the oil floated atop the water table and traveled horizontally in the general direction of groundwater flow to the south, Once the oil plume extended beyond the foundation limits,rainwater infiltration and subsurface conditions furthered its migration toward the southern Property limit. The effects of transport and natural biodegradation mechanisms over the next 18 years eventually reduced the concentration of oil in the groundwater to levels approaching background,leaving the saturated soils beneath the concrete slab floor of the building as the only remaining impacted area. Occasional high water table events may provide some future"washing"but without rainwater infiltration to facilitate the absorption of oil from these soils,they will likely remain contaminated until the building is removed. Average Exposure Point Concentrations of petroleum related contaminants remaining in soils include 4,250 parts per million C9-C18 aliphatic hydrocarbons; 1,900 parts per million C19-C36 aliphatic hydrocarbons and 2,050 parts per million C11-C22 aromatic hydrocarbons. Worst- case Exposure Point Concentrations of petroleum related contaminants remaining in groundwater are 5,445 parts per billion C9-C18 aliphatic hydrocarbons;2,145 parts per billion C 19-C36 aliphatic hydrocarbons and 3,389 parts per billion C11-C22 aromatic hydrocarbons. Petroleum related compounds were not detected in indoor air samples collected from within the building's basement. Reason for Activity and Use Limitation An MCP defined Method 2 Risk Assessment was completed to evaluate the risks posed by the release. Based on the results of the Method 2 Risk Assessment,it has been concluded that a condition of"no significant risk"of harm to health,public welfare or the environment exists for Bk 21716 Pg 255 #4423 the subject Site under current use scenarios. However,because the Method 2-S 1 direct contact standard for soil located beneath the site structure was exceeded,a potential risk exists in the event that the building is demolished and/or the accessibility of soils located beneath the building,currently categorized as"isolated",is changed. In accordance with regulations contained at 310 CMR 40.1012(2)(a)(1),an Activity and Use Limitation must be employed to restrict access to said soils during potential future construction activities or changes in site use that would result in removal of the Property building. Activities which may result in the disturbance of the concrete basement floor and/or relocation of the underlying soil to an area of greater accessibility must also be restricted in order to prevent exposures which may pose a Significant Risk to sensitive receptors. The following is an itemized list of Permitted and Restricted Uses and Activities developed to maintain a condition of`no significant risk' at the subject Property for the foreseeable future. Permitted Uses and Activities (i) Residential uses of the property and activities consistent therewith which do not cause and/or result in direct contact with,disturbance of,and/or relocation of,the petroleum- contaminated soil currently located within the building footprint to depths of approximately 10 feet below the surface of the concrete basement floor; (ii) Excavation associated with emergency or short term(three months or less) underground utility and/or construction work,provided it is conducted in accordance with a Soil Management Plan and a Health and Safety Plan in accordance with Obligations(i)and(ii)of this Opinion;and involves the repair and/or replacement of the concrete floor with a comparable barrier immediately following the completion of the project; (iii) Activities and uses which are not identified by this Opinion as being inconsistent with maintaining a condition of No Significant Risk;and (iv) Such other activities and uses which,in the Opinion of an LSP,shall present no greater risk of harm to health,safety,public welfare,or the environment than the activities and uses set forth in this paragraph. Restricted Uses and Activities (i) Activities and/or uses which are likely to involve the removal and/or disturbance of the concrete basement floor in the AUL Area and/or the disturbance of the petroleum- contaminated soil located beneath the concrete floor without the prior development of a Soil Management Plan and a Health and Safety Plan in accordance with Obligations(i) and(ii)of this Opinion; (ii) Relocation of the petroleum-contaminated soil from beneath the concrete floor in the AUL Area unless an LSP renders an Opinion which states that such relocation is consistent with maintaining a condition of No Significant Risk;and (ii) Activities and/or uses which may cause physical or chemical deterioration,breakage,or structural damage to the concrete basement floor. Bk 21716 Pg 256 #4423 Oblizations and Conditions (i) A Soil Management Plan must be prepared by an LSP and implemented prior to the commencement of any activity which is likely to disturb petroleum-contaminated soil located to depths of 10 feet below surface grade within the AUL Area. The Soil Management Plan should describe appropriate soil excavation,handling,storage, transport,and disposal procedures and include a description of the engineering controls and air monitoring procedures necessary to ensure that workers and receptors in the vicinity are not affected by fugitive dust or particulates. On-site workers must be informed of the requirements of the Soil Management Plan,and the plan must be available on-site throughout the course of the project; (ii) A Health and Safety Plan must be prepared by a certified Industrial Hygienist or other qualified individual sufficiently trained in worker health and safety requirements and implemented prior to the commencement of any activity,which is likely to disturb petroleum-contaminated soil located at depths down to 10 feet below surface grade within the AUL Area. The Health and Safety Plan should specify the type of personal protection(i.e.,clothing,respirators),engineering controls,and environmental monitoring necessary to prevent worker exposures to petroleum-contaminated soil through dermal contact,ingestion,and/or inhalation. Workers must be informed of the requirements of the Health and Safety Plan,and the plan must be available on-site throughout the course of the project;and (iii) The petroleum-contaminated soil located to depths to 10 feet below surface grade within the AUL Area must remain at depth and may not be relocated,unless such activity is first appropriately evaluated by an LSP who renders an Opinion which states that such relocation is consistent with maintaining a condition of No Significant Risk. j I 8j xv Kev J.Beaulieu, LSP Date Y Bk 21716 Pg 257 #4423 EXHIBIT D Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113A ACTIVITY& USE LIMITATION (AUL) OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) (4 - �732 A. DISPOSAL SITE LOCATION: 1. Disposal Site Name. :PROPERTY 2 Street Address: i64 HARBOR Rt) 3. City/Town: '13ARNSTABLE ( 4. ZIP Code: 02630-0000 B. THIS FORM IS BEING USED TO: (check one) 1 Provide the LSP Opinion for a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074. 2 Provide the LSP Opinion for an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response _ Action Outcome Statement,pursuant to 310 CMR 40.1080. Include BWSC113A as an attachment to BWSC113 Section A and C do not need to be completed. 3 Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081(4) 4 Provide the LSP Opinion for a Partial Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40 1083(3) 5 Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR ' 40 1083(1)(d) _ 6. Provide the LSP Opinion fora Grant of Environmental Restriction,pursuant to 310 CMR 40.1071. 7 Provide the LSP Opinion for an Amendment of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1081(3). 8. Provide the LSP Opinion for a Partial Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40 1083(2). 9. Provide the LSP Opinion for a Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(1)(c) L 10. Provide the LSP Opinion for a Confirmatory Activity and Use Limitation,pursuant to 310 CMR 40.1085(4). (Unless otherwise noted above,all sections of this form(BWSC113A)must be completely filled out,printed, stamped,signed with black ink and attached as an exhibit to the AUL Document to be recorded and/or registered with the Registry of Deeds andlor Land Registration Office.) C. AUL INFORMATION: 1. Is the address of the property subject to AUL different from the disposalsite address listed above? Va. No b. Yes If yes,then fill out address section below. 2. Street Address: I .............. ...._.._......__. _._......_..._.._...._._.._...._......._._...------------ _ ... ._ 3. Cilyrrown. ` 1 4. ZIP Code: I __. . ........ . . .... Revised:06/27/2003 Page 1 of 2 f Bk 21716 Pg 258 #4423 LlMassachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113A ACTIVITY&USE LIMITATION(AUL)OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) D. LSP SIGNATURE AND STAMP: I attest under the pains and penalties of perjury that I have personally examined and am familiar with this transmittal forrn, including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of(i)the standard of care in 309 CMR 4.02(1),(ii)the applicable provisions of 309 CMR 4.02(2)and(3),and 309 CMR4.03(2),and (iii)the provisions of 309 CMR 4.03(3),to the best of my knowledge,information and belief, > if Section B indicates that a Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1074; > if Section S indicates that an Evaluation of Changes in Land Uses/Activities and/or Site Conditions afters Response Action Outcome Statement is being submitted,this evaluation was developed in accordance with the applicable provisions of M.G.L.c. 21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1080; > if Section S indicates that an Amended Notice of Activity and Use Limitation orAmendment to a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 40.1081; > if Section B indicates that a Termination or a Partial Termination of a Notice of Activity and Use Limitation,or a Release or Partial Release of a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(1)is being provided in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1083: > if Section B indicates that a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1071; > if Section B indicates that a Confirmatory Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1085(4): 1 am aware that significant penalties may result,including,but not limited to,possible fines and imprisonment,if I submit information which I know to be false,inaccurate or materially incomplete. 1. LSP#: 1699 _ 1 r 2. First Name: KEViN J 3. Last Name: FkAULIEU 4 4. Telephone: (508)863.3102 J 5. Ext.: 6. FAX: 7. Signature: _ 8. Date: mmldd"yy 9. LSP Stamp: HOF>y;q�� KEVIN J. BEAULIEU rn NO. 1699 Q �J lcF2�G/STE�'S�Q�� �S/TE pa0�`i Page 2 of 2 Revised:06/2712003 , A"[-,ES7 BARNSTABLE REGISTRY OF DEEDS REGISTER 1 4 Jerry L. Susong Attorney at Law 76 W. Main St., Suite 306 Hyannis, MA 02601 (508)790-2345 v January 30, 1989 Mr . Joseph D. DaLuz Building Commissioner Town of Barnstable Town Office Building Hyannis , MA 02601 Re : A=306-172 . 001 64 Harbor Road , Hyannis Dear Mr . DaLuz : This office represents Mr . Dennis Carey with reference to your letter of January 19 , 1989 , regarding the above captioned matter . Please be advised that this response is within the fourteen ( 14) days of receipt your letter by Mr . Carey . Mr . Carey acquired the property May 20, 1983 , and has made no changes from the time .he has bought it other than painting and to have replaced a shower area that was deteriorated . Just recently he has had two more entrances installed or is in the process of having the construction done . Since you have told me that it is your position that an illegal situations exists , I have advised Mr . Carey and he says to do whatever you instruct to correct the situation . Therefore , I have gotten a key so that you may inspect the premises if you so desire . At any rate , I would ask that you advise me as to what you would like to have done -and I will see that it is accomplished . Thank you for your understanding and assistance a in this matter . Very trul yours , � b erry L. Susong cc : Mr. Dennis M. Carey l Law Offices ofJohn Ferris lDow. 57 River Street• Suite 300 • Wellesley Hills •MA • 02481 Tel: 781-431-9900•Fax: 781-431-1122 November 20 2007 Via UPS overnight 1Z F 31 945 22 1005 8081 aj Robin C. Giangregorio . Town of Barnstable Zoning Enforcement 20 0 Main Street Hyannis, MA 02601 RE: 64 Harbor Road,Hyannis, Massachusetts in Dear Ms. Giangregorio: Please be advised that this office represents Elizabeth F. Doty and Deborah Wear l/ of 74 Harbor Road, Hyannis, Massachusetts. I am writing as a follow-up to our telephone conversation concerning 64 Harbor Road, Hyannis, Massachusetts ("the property") several weeks ago. First, as you are aware, my clients are concerned about the dumpster on the property. During our conversation, you informed me that although the placement of a dumpster in a residential area is not within your enforcement authority, that you would notify the Health Department and someone would contact me. To date,I have never been contacted by anyone from your department or the Health Department concerning this matter. To summarize my client's complaints about the dumpster, I provide you with the following issues: 1. A permanent concrete pad upon which the dumpster is placed has been installed within approximately seven feet from the border of my client's property. 2. The dumpster placement is within seven feet of the property line shared with my clients 3. The dumpster is not screened from my client's and the rest of the neighbors' view. 4. Finally, and the main reason why my client objects to it and seeks removal of the dumpster, is that the owner of the property who maintains the dumpster consistently allows the dumpster to overflow and does not sufficiently monitor the f 1 o f n y t dumpster's proper usage. My client fears this is a health and safety issue as it attracts insects, seagulls, vermin and other wild animals. In review of the Town.of Barnstable Board of Health Code, I found nothing that allows the installation of a dumpster in a strictly residential area. The only regulations I found concern commercial usage of dumpsters under Chapter 353. What appears to be a contributing factor to the over use of the dumpster is the Carey.family connection to the surrounding properties which are "checkerloarded"to allow the Carey family to own three connected parcels without compliance with zoning regulations resulting in a compound of rental units that use the same dumpster. Attached hereto are the Assessors' records for parcels 64 Harbor Road, 306/172/001 owned by Dennis M. Carey, 5 Warren Avenue 306/172/003 owned by Dennis M. Carey, 15 Warren Avenue, 306/172/002 owned by Jeanne S. Carey, together with a portion of Assessor Map 306 showing all lots contiguous and the location of the dumpster. As to the issue concerning zoning, in my review of the jacket for the property I found a notice of violation of the zoning by-laws in the usage of the property as a multi- family residence. Suddenly with no back up documents or explanations there appears a letter from the successor building inspector, Ralph Crossen, with approval of a multi- family usage.How was that permit obtained? I am curious as to how a 3-family permit was ever'issued. I have had several conversations with the abutters of the property, who have owned their property for over twenty years. They have advised me that, prior to Mr.. Carey's ownership in 1983, the property was used exclusively as a single-family residence for all the years of their ownership. Furthermore, they informed me that at or near the time of Ralph Crossen's letter that two new entrances were installed to allow access for the basement area where there are two of the three units that now comprise the property. No permits appear in the jacket. What is also troubling is that a day or two after my initial visit to your office, my client observed that Mr. Carey commenced major renovations of one of the basement entrances. Maybe it was a coincidence, in any case I saw no building permit in the file and the timing appears odd to me. Therefore as per our telephone conversation sometime in September,please advise specifically if and how a single family residence in a residential area suddenly became zoned for a multi-family property after twenty years of continuous usage as a single family residence with absolutely no documentation contained in the jacket. Also,please forward this letter to the appropriate party in the Town of Barnstable to address the health and safety issues created by the installation of a dumpster in a residential area without apparent town approval or permit. 2 After your review, kindly contact me to discuss this matter or send me a written response to this letter., . Thank you in advance for your attention and consideration of m . Y clients' concerns. L Very truly yours, 9 _ , i Xnow h cc: Elizabeth F. Doty Deborah Wear 3 4. \ Jerry L. Susong Attorney at Law 76 W. Main St., Suite 306 Hyannis, MA 02601 ,. (508)790-2345 January 30, 1989 Mr . Joseph D. DaLuz Building Commissioner Town of Barnstable Town Office Building Hyannis , MA 02601 Re : A=306-172 . 001 64 Harbor Road , Hyannis Dear Mr . DaLuz : This office represents Mr . Dennis Carey with reference to your letter of January 19, 1989 , regarding the above captioned 'matter . Please be advised that this response is within the fourteen ( 14) days of receipt your letter by Mr . Carey . Mr . Carey acquired the property May 20, 1983 , and has made no changes from the time he has bought it other than painting and to have replaced a shower area that was deteriorated . Just recently he has had two more entrances installed or is in the process of having the construction done . Since yo:u have told me that it is your position that an illegal situations exists , I have advised Mr . Carey and he says to do whatever you instruct to correct the situation . Therefore , I have gotten a key so that you may inspect the premises if you so desire . At any rate , I would ask that you advise me as to what you would like to have done and I will see that it is accomplished . Thank you for your understanding and assistance in this matter . Very trul yours , erry L. Susong cc : Mr . Dennis M. Carey r: f r A=306-172.001 i Josr,PH D. DALuz Building Canmirriansr rELePHOWEr 77a.i120 EXT. t07 TOWN OF BARNSTABLE BUILDING INSPECTOR. TOWN 'OFFICE BUILDING rr HYANNIS, MASS. 02601 \ . January'19 1989 Mr. Dennis Carey P. 0. Box 1 Hyannisport, MA 02647 RE: A=306-172.001 .. 64 Harbor Road, Hyannis Dear Mr. Carey: 1 This office is in - 'receipt of an "Incident Report" from the Hyannis Fire Department re property owned by. you and located at 64 Harbor Road, Hyannis. The report indicated that there are two apartments in the basement of the dewlling. Each unit having only one means of egress. The Town of Barnstable Assessor's records indicate only •one unit in the basement. The records further indicate that the additional unit was not- evident in 1982. It would appear, therefore, that a zoning violation does ex st. This letter is to advise you to contact this office within fourteen• (14) days of receipt of same to review the above matter. Failure to contact this office will guarantee the filing of a complaint in the First District Court at Barnstable. for a violation of the Town of Barnstable Zoning By-law: Each day that such violation continues will be considered a separate offense. Peace, PhJs D DaDaL ng Commissioner JDD/gr cc: Town Counsel . Certified mail P 017 014 266 t I l Law Offices of John Ferris Dow 57 River Street• Suite 300 • Wellesley Hills•MA• 02481 Tel: 781-431-9900•Fax: 781-431-1122 November 20, 2007 Via UPS overnight 1Z F 31 945 22 1005 8081. Robin C. Giangregorio Town of Barnstable Zoning Enforcement 200 Main Street Hyannis, MA 02601 RE: 64 Harbor Road,Hyannis, Massachusetts Dear Ms. Giangregorio: Please be advised that this office represents Elizabeth F. Doty and Deborah Wear of 74 Harbor Road, Hyannis, Massachusetts. I am writing as a follow-up to our telephone conversation concerning 64 Harbor Road, Hyannis, Massachusetts ("the property") several weeks ago. First, as you are aware, my clients are concerned about the dumpster on the property. During our conversation, you informed me that although the placement of a dumpster in a residential area is not within your enforcement authority, that you would notify the Health Department and someone would contact me. To date, I have never been contacted by anyone from your department or the Health Department concerning this matter. To summarize my client's complaints about the dumpster, I provide you with the following issues: 1. A permanent concrete pad upon which the dumpster is placed has been installed within approximately seven feet from the border of my client's property. 2. The dumpster placement is within seven feet of the property line shared with my clients 3. The dumpster is not screened from my client's and the rest of the neighbors' view. 4. Finally, and the main reason why my client objects to it and seeks removal of the dumpster, is that the owner of the property who maintains the dumpster consistently allows the dumpster to overflow and does not sufficiently monitor the dumpster's proper usage. My client fears this is a health and safety issue as it attracts insects, seagulls, vermin and other wild animals. In review of the Town of Barnstable Board of Health Code, I found nothing that allows the installation of a dumpster in a strictly residential area. The only regulations I found concern commercial usage of dumpsters under Chapter 353. What appears.to be a contributing factor to the over use of the dumpster is the Carey.family connection to the surrounding properties which are "checkerboarded"to allow the Carey family to own three connected parcels without compliance with zoning regulations resulting in a compound of rental units that use the same dumpster. Attached hereto are the Assessors' records for parcels 64 Harbor Road, 306/172/001 owned by Dennis M. Carey, 5 Warren Avenue 306/172/003 owned by Dennis M. Carey, 15 Warren Avenue, 306/172/002 owned by Jeanne S. Carey, together with a portion of Assessor Map 306 showing all lots contiguous and the location of the dumpster. As to the issue concerning zoning, in my review of the jacket for.the property I found a notice of violation of the zoning by-laws in the usage of the property as a multi- family residence. Suddenly with no back up documents or explanations there appears a letterfrom'the successor building inspector, Ralph Crossen, with approval of a multi- familyusage. How was that permit-obtained? I am curious as to how'a 3=family permit was ever issued I have had several conversations with the abutters of the property, who have owned their property for over twenty years. They have advised me that, prior to Mr. Carey's ownership in 1983, the property was used exclusively as a single-family residence for all the years of their ownership. Furthermore, they informed me that at or near the time of Ralph Crossen's letter that two new entrances were installed to allow access for the basement area where there are two of the three units that now comprise the property. No permits appear in the jacket. What is also troubling is that a day or two after my initial visit to your office, my client observed that Mr. Carey commenced major renovations of one of the basement entrances. Maybe it was a coincidence, in any case I saw no building permit in the file and the timing appears odd to me. Therefore as per our telephone-conversation sornefime in September;'please advise specifically if and how a single family residence in a residential area suddenly became zoned for a multi-family property after twenty years of continuous usage as a single family residence with absolutely no documentation contained in the jacket. Also,please forward this letter to the appropriate party in the Town of Barnstable to address the health and safety issues created by the installation of a dumpster in a residential area without apparent town approval or permit. 2 Afteryouur review, kindly contact me to discuss this matter or send me.a written response to this letter. Thank you in advance for your attention and consideration of my clients' concerns. Very truly yours, XoCnow cc: Elizabeth F. Doty Deborah Wear 3 TORN OF SABNSTA 3L33 BIIPORT Sj&LZ 3NTA8Y/CONTINIIATqN SZP08T DIMS N NAME (LAST, FIRS?, Mm 1 u ,V NOTE DETAILS i wm=TIONS-ITEMIZE EVIDENCE, SERIAL IS ETC. 130C 7 2 - oo ,q-5 ,V o cYVQ o 75 15 t'r /f oe so-t-r o 'o I rX Joff i PA) N i� v � �o� I 19 7I I L _ I 'ROPERTV ADDRESS I ZONING I DISTRICT CODE .-. SP-DISTS. CLASS I DATE PRINTED I STATE I pCS I NBHDRCEL KEY NO. 0064. HARBOR ROAD 07 400 07HY__. 07/09/95 1051 ;00 70AC R306 172.001 215485 LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS T,y UNIT ADJ'D.UNIT Lana By/Date s:e D�mensmn LOC./YR.SPEC.CLASS ADJ. COND. PE PRICE PRICE ACRES/UNITS VALUE Description C A R E Y i DENNIS M MAP CD. FF.De nrA res #LAND 1 75,100 CARDS IN ACCOUNT - L 10 1BLDG.SIT 1 X .3iA=15 I=11.5 197 , 64999.9S 220934.9 . .34 75100 #SLDG(S)-CARD-1 1 198,500 01 OF 01 A I #PL 64 HARBOR . RD HYANNIS . -- V BATHS 3.1 U X B= 100 16400.00 16400.00 100 16400 i3 #DL LOT 3 MARKET` 195100 0 IPLACE u X B= 100 3900.0 3900.0 1..00 3900 8 #RR 0658 0110 INCOME FIREPL U X B= 100 1700.00 1700.00 1.00 1700 8 SE A Ec BSMT RM S . X B= 100 36.35 45.80 1.300 59500 9 APPRAISED VALUE 0 APT EXTRA U X 8= 100 5800.0 5800.00 2.00 11600 B A 273o600 4 U ARCEL` SUMMARY T S AND 75100 A T LDGS 198500 M -IMPS ETOTAL 273600 CNST N DEED REFERENCE Type DATE Recorded PRIOR YEAR -VALUE a T Book Page Ines. MO. vr.D Stiles Prot. LAND 75100 T S 3747/2671 1-05/83 13.5000 EILDGS 198500 JTOTAL 27360C 3 BUILDING PERMIT LAND ADJUST-FOR Number Dale Typo Amounl I E W LAND LAND-ADJ INCOME SE SP-BLDS FEATURES BLD-ADDS UNITS 75100 1 931 00 . Consl. Total r B It Norm. Obsv. Class Unils l;�ils Base Rate Atlj.Rate A f Age Depr. Cont. CND Loc ^b R.G Repl Cost New AGI Rapl Velue Slorie_ Heighl Rooms Rme Bathe 1 •Fi:. I Putywell Fec 0 000 110 110 77.65 85.42 40 75 19 80 100 80 248172 198500 1.5 13 5 3.1 14.0 cnpnon Rate Square Feet Repl.C-11 MKT.INDEX: 1 00 IMP.BY/DATE: ML 1/88 SCALE: 1/00.75 ELEMENTS CODE CONSTRUCTION DETAIL . 100 85.42 1020 87128 .+ S CNST GP- _ r 1SB 100 85.42 204 17426 *----14---* N T Y L E 04 APE COD 0.0 LBX 10 3.54 48 410 8 FMP 8-----------34-----------*---12---* DESIGN ADJMT 32DESIGN ADJUST 1110 ----- - - ------ ------------ -- FMP 55 5.50 112 616 ! ! 815 ! FMP ! 'XTER.WALLS t0 LPBD/SHINGLE 0.0 FMP 55 5.50 108 594 *-6-*--8--* 9 9 4 t AT/ C rtYPE 09 IL-HOT wATER__ 0-0 10 1SB 100 8.5.42 144 12300 ! 6 LBX 6 ! 1NTER:F7NISfi -06 RYWALL/PLAST r 815 42 35.88 1020 36598 ! ! ­-12--- I NT-ER:LAYO0T- -'f2 VCR:7-Wo AMAL -U.0 ! *--8--* ! ! I NI-R:DUI4CTY- -02 AT1E AS EXT�ff: TI.O 1 18 ! 12 12 FLDVR-STTFUCT- -02-4-JO2STlBEAM---U=O W! 12 BASE 30 ! E LD�R-C_ VER-- -05 ATTP ET_-S-HDYD---_U.O 0 ! ! ! 1SB ! OD-FF-TYKE--- 02 ABCE=YQOD--SR----u:0 - Total Aux ., 268 1 368 E ease- BUILDING DIMENSIONS ! 1 SB ELErTRIrA7L ill YERA -U.0 T BAS W34. N07 1SB W14 N18 E06 LBX *----14---* ! FOWDATZIrN--- -02 ONCRETE-BLACK-93T:9 A E08 S06 W08 N06 .. FMP E08 N08 ! -------------- --- ---------------------- W14 S08 E06 .. 1S8 S06 E08 S12 7 ! -----NEIGHBOR OD ?QAC-HYANNTS------- L .. 3AS N23 E.34 FMP E12 S09 1SB ! ! LAND TOTAL MARKET S12 W12 N12 E12 .. FMP W12 N09 #-----------34-----------X PARCEL 7.5100 273600 SAS S30 .. 815 N30 W34 S30 AREA 8730 E34. . . VARIANCE +0 +3034 STANDARD 20 Isms .lBUI LDING '`` :i::::` :•Y. ::'l.' 2. + 'yy_SURE kc'' #ty'`s? `'t?.... <' 'ON `? 22Yy<' ."HARBOR RD ' i ME a a�s� ..111��i'•Y �,.':..y: ..y,:>4tiiit4:h'...:v..v�.v ,.�•: i :? ? :�.:.'.••}±t LivtM1 :i.'t<i?i:::;�..iii:Y,Yi{>.ti}t>.vi:t•�>.{vi::nii{:iii::;� <v:: :N!......... .......:. . ............ .. v.{v. ............:.:.................v.......u......v......:...,..::......nvx:v......::.v.,...:::v.x....x}:::::•:^;;.,...«x.:.y.vv:•.•.w:.::xv:::.:vvn:::„�.�``.+v?ii`iiiiviii''•ii ZONINEll 1 111111 1 L ........................:.:.:: r`......... .......................................................................... :::::::::::::::::::::::::::::::::..::....::::: all LEGAL?????????? SON ilN� am Milo El �l BEER >::: ...:.:.....................................:...:...... ..... ......... .......................... :... '::::::SEARCH : .:.;: G�......... ... ........... .............. 11 Ni .................. .................. .................. .................. .................. .................. .............. .............. .............. .................. .................. .................. .................. ....... ... ... ................. ... .. ............. ..................................... ... . .... .... ... ..... ... . ....... ........................... .. . ...... . . ................. ...................... ................... ....... ..... ................... ....... ..... ..................s�....... ..... ..... .................................... .................. . .. .... ....... -. . .. ... . .. ............ ......{<> ..... .......... .. ........... . ............. ........... ZO " ': ....... ........ ...... ": ...................... .. ... r 'l . RESIDENTIAL PROPERTY MAP Nam. LOT NO. FIRE DISTRICT SUMMARY 3� 17� STREET 6!� Harbor Rd. Hyannis .. H 73 LAND BLDGS. /j ; OWNER TOTAL tea- - - LAND RECORD OF TRANSFER DATE SK PG I.R.S. REMARKS: � BLDGS. �. ..11/19/69' ,.1455 10 B ^ TOTAL Trmbetta Dominic S. Tr. 10 29 70 1488 114 NY. 6 s 000- LAND a) BLDGS. / TOTAL (a Gr Ca7 6 LAND / BLDGS. TOTAL LAND BLDGS. O1 TOTAL LAND BLDGS. TOTAL LAND BLDGS. TOTAL LAND BLDGS. INTERIOR INSPECTED: p �y�� �_ TOTAL DATE: 7 7/ / G,. .. ✓..to,,r (, ?J/" Q, .lfj LAND ACREAGE COMPUTATIONS' ��<<.,� �F �;z BLDGS. rn -- LAND TYPE # OF ACRES PRICE TOTAL DEPR. VALUE ^ TOTAL O..O.O LAND CLEAR FRONT BLDGS. 01 REAR TOTAL WOODS&SPROUT FRONT LAND REAR BLDGS. WASTE FRONT TOTAL REAR LAND BLDGS. TOTAL LAND lz5v" /cv _ BLDGS. - LOT COMPUTATIONS LAND FACTORS TOTAL FRONT DEPTH STREET PRICE DEPTH 9'o FRONT FT.PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND ROUGH TOWN WATER 01 BLDGS. a�y 4to HIGH GRAVEL RD. ^ TOTAL LOW DIRT RD. LAND SWAMPY NO RD. BLDGS. .Y.. LAND COS' Oonc.,Walls Fin.Bsmt.Area Bath Room / Base Q Q BLDG. COST Conc.Blk.Walls', Bsmt.Rec.Room St. Shower Bath q!` Cone..Slob f Bsmt.Geroge St. Shower Ext. T Bsmt. PURCH. DATE // 711 •w�/�^i Walls PURCH. PRICE jr.?t OGO. t. a/ Brlek Walls, Attic FI. &Stairs Toilet Room Root RENT Stone Walls Fin.Attic / Two Fixt. Bath �p A a G X Ksm OO Piers ''' INTERIOR FINISH Lavatory Extra vuOBsm t.: F 1' 2 3 Sink / �Jrs� ri4 r/ Plaster Water Clo. Extra �(p/� rG- TitE BSMT ENT,oF + p f EXTERIOR WALLS Knotty Pine Water Only pW r-.�Double Siding I Plywood No Plumbing Fi •GAL G�� Single Siding Plasterboard Int.Fin. `�to J.y Lt/ Shingles TILING Conc.Blk. G F P Bath FI. Heat i Face Brk.On Int.Layout Bath Ff.&Wains. Auto Ht.Unit Veneer Int.Cond. Bath FI. &Wells Fireplace am.Brk.On HEATING Toilet Rm. Fl. Plumbing w 3 s FA• , Solid Com.Brk. Hot Air Toilet Rm.FI.&Wains. D S FP Tiling Steam Toilet Rm.FI.&Walls Blanket Ins. Hot Water C�C>*VI/ w000O St. Shower Roof Ins. Air Cond. Tub Area Total c Floor Furn- ROOFING COMPUTATIONS ' Asph.Shingle Pipeless Furn. QaD S.F. a� ( 1D Wood Shingle No Heat �� S.F. � Asbs.Shingle Oil Burner �J6 S.F. Js ' Slits Coal Stoker A S F Tile Gas D ��� ROOF TYPE Electric S.F. r OUTBUILDINGS Gable Flat �� S.F. �� � p 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8 9 10 MEASURED �/ Hip Mansard FIREPLACES � S.F• �� /� Pier Found. Floor ,J / Gambrel Fireplace Stack /7 J..- /. `�"� � J Wall Found. 0. H.Door LISTED FLOOR FLOORP Fireplace �' 07 02 Sgle.Sdg. Roll Roofing Cone. LIGHTING Dble.Sdg. Shingle Roof Earth No Elect. DATE Shingle Walls Plumbing l'�� Pine Hardwood ROOMS Cement Blk. Electric TOTAL �� // Brick Int.Finish P CED Asph.Tile Bsmt. 1st�� to Single 2nd . j 13 3rd FACTOR REPLACEMENT OCCUPANCY CONSTRUCTION SIZE AREA CLASS AGE REMOD. COND. REPL. VAL. Phy.Dep. PHYS. VALUE Funct.Dep. ACTUAL VAL. 1 S G i s 3 x i 77- G -° F yo 9 2 3 4 S 6. B 10 TOTAL RESIDENTIAL PROPERTY 'v .MAP NO. LOT NO. FIRE DISTRICT STREET 64 Harbor Rd. Hyannis SUMMARY nn 306 172 H Fc. LAND 2 OWNER w BLDGS. TOTAL SAS - - LAND RECORD OF TRANSFER DATE BK PG I.R.S. REMARKS: BLDGS. —ar-iMa / '- TOTAL Ji LAND Trombetta Dominic S. Tr. 10 29 70 14W 114 /YB• , 6S 000• a rn BLDGS. / TOTAL n i C4�6 d LAND BLDGS_ TOTAL LAND BLDGS. TOTAL LAND BLDGS. TOTAL LAND CA BLDGS. TOTAL LAND INTERIOR INSPECTED: �` BLDGS. DATE: m _ TOTAL 7 7� LAND ACREAGE COMPUTATION �� �i2 BLDGS. LAND TYPE- _ #-OF ACRES PRICE TOTAL DEPR.' VALUE. e TOTAL - HOUSE LOT dmoo /9a Z�� o? D O LAND CLEARED FRONT BLDGS. REAR. 0) TOTAL WOODS&SPROUT FRONT LAND REAR ' BLDGS_ rn WASTE FRONT TOTAL REAR LAND { BLDGS. Ol TOTAL LAND BLDGS. 0)` LOT COMPUTATIONS — LAND FACTORS TOTAL ~ FRONT DEPTH STREET PRICE DEPTH% FRONT FT_PRICE TOTAL DEPR. COR. INF. VALUE, : HILLY TOWN SEWER LAND 3 0201 := ROUGH TOWN WATER'° BLDGS. HIGH GRAVEL RD. ,3:M,s �; •. TOTAL — r LOW` DIRT RD: 'LAND SWAMPY s a NO RD. BLDGS:. TOTAL . A.; . A Ie: - be t. k ;3t' t ''s... TOWNOF,.BARN STABLE;MASS... �: .UNLTED'�APPRAI SAL CO:+, EAST HARTFORD;CONN. w ' " `i' Brick Walls 4_r Attie FI.&Stairs v•V���• Walls PORCH. PRICE$•j„? Q,OQ, Toilet Roomu _ Stone Wallsy Roof RENT ' Fin.Attic / Two Fixt.Bath G Piers INTERIOR FINISH Lavatory Extra Floors Bsmt. F U //UU O wa!� B . 1' 2 .3 Sink .41 r/4 Plaster Water Clo. Extra Attie f- �� /JQ `� TtE BgMT Errs EXTERIOR WALLS Knotty Pine Water Only _ Double Siding Plywood Bsmt.Fi k� 3 yw No Plumbing •DDa ow Single Siding Plasterboard Int.Fin.. `�6�yWk. r ' ': Shingles 3 TILING Conc.Blk. G F P Bath FL Heat �_ /�O 3 U Face Brk.On Int.Layout Bath Ff.&Wains. Auto Ht.Unit �- �/� �� Y/� ��bY� ,B�✓ '� 4- Veneer Int.Cond. Bath Ff.&Walls Fireplace Com.Brk.On HEATING Toilet Rm.Fl. Plumbing .� d 3 SF Solid Co..Brk. Hot Air Toilet Rm.FI.&Wains. D Steam Toilet Rm.Ff.&Walls Tiling Blanket Ins. Hot Water CO w✓ St.Shower �. Roof Ins. Air Cond. Tub Area Total Floor Furn.. r •. . OFING COMPUTATIONS Asph.Shingle Pipeless Furn. Dam S.F. wIr,- �� ( r )Wood Shingle No Heat dS.F.. ��`Asbs.Shingle Oil BurnerS.F.SlateCoal Stoker.Tile S.F.GasROOF TYPE Electric * �; OUTBUILDINGS Gable Flaf � ' . S•F 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8 9 10 MEASURED ,Hip ',' Mansard FIREPLACES 9. S.F. �0�Q D' 9 Pier Found. Floor Gambrel - Fireplace Stack d Wall Found. 0.H.Door .. LISTED r� FLO R Fireplace , 17 Conc.- LIGHTING / e,Sdg. Roofing S 07 02 Roll, 'Earth .r t ..: ;. DblerSdg. Shin'le Roof; No Elect S 'Pine - Shingle Walls Plumbing :'DATE .Hardwood ROOMS 6 Cement Blk. Electric ..7 z 7Mph.Tile Bsmt. 1st yf TOTAL _;• Brick Int.Finish' PRICED• Single 2nd ;� 3rd•- FACTOR avZ"J REPLACEMENT: h _ UPANCY - CONSTRUCTION SIZE AREA'-• CLASS - AGE REMOD. COND. REPL. VAL. Phy.Dep. PHYS. VALUE Funct.Dep. ACTUAL:.VAL a._ DWL .Sa_ - y�: s7 - y. yoga 9 ' 3� .0-00. �.� 3 SSp z �# .. � n� to "j•%`' - f .C4�:j.. ,tir:9 i"i+ t .t:.•':..,, x. 5 .�,:.wKF,N .1`,:�,�-.» ..z .,1r. ...n.. -. ,+�: .sy�'µ 9 8 't - '',:i_... 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