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0091 CALVES PASTURE LANE - Health
4 � + t � � ➢ d {� S,r b Y� Y„ .r oo1-003 59 � �µ Barnstable - b ip r , Commonwealth of Massachusetts Title 5 Official Inspection Form 61 Subsurface Sewage Disposal System Form-Not for Voluntary Assessments s 91 Calves Pasture Lane Property Address Herb Sarkisian Owner Owner's Name information is i required for every Barnstable MA 02630 10/23/12 Cit /Town State Zip Code Date of I i page. Y p Inspection Inspection results must be submitted on this form.Inspection forms may not be altered in any way.Please see completeness checklist at the end of the form. Important:When A. General Information filling out forms on the computer, use only the tab 1. Inspector: key to move your , cursor-do not Michael Kellett use the return Name of Inspector key. r ' Aardvark Environmental Inspections „� Company Name PO Box 896 Company Address East Dennis MA 02641 City/Town State Zip Code 508-385-7608 SI 3742 Telephone Number License Number B. Certification I certify that I have personally inspected the sewage disposal system at this address-and that the information reported below is true,accurate and complete as of the time of the inspection.The in I ecti6h was performed based on my training and experience in the proper function and maintenance of on site,- sewage disposal systems. I am a DEP approved system inspector pursuant to Section 15.340 of Title 5(310 CMR 15.000).The system: , ` ® Passes ❑ Conditionally Passes ❑ Fails :" a ❑ Needs Further Evaluation by the Local Approving Authority c lw.eh 10/24/12 Inspector's Signature Date The system inspector shall submit a copy of this inspection report to the Approving Authority(Board of Health or DEP)within 30 days of completing this inspection. If the system is a shared system or has a design flow of 10,000 gpd or greater,the inspector and the system owner shall submit the report to the appropriate regional office of the DEP.The original should be sent to the system owner and,copies sent to the buyer,if applicable,and the approving authority. This report only describes conditions at the time of inspection and under the conditions of use at that time.This inspection does not address how the system will perform in the future under the same or different conditions of use. ��n ,t5ins-11110 Title 5 Official Inspectio Fo .Subsurface Sewage Disposal System•Page 1 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form "s Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 91 Calves Pasture Lane Property Address Herb Sarkisian Owner Owner's Name information is Barnstable MA 02630 10/23/12 required for every page. Cityrrown State Zip Code Date of Inspection B. Certification (cont.) Inspection Summary:Check A,B,C,D or E/always complete all of Section D A) System Passes: ® I have not found any information which indicates that any of the failure criteria described in 310 CMR 15.303 or in 310 CMR 15.304 exist.Any failure criteria not evaluated are indicated below. Comments: B) System Conditionally Passes: ❑ One or more system components as described in the"Conditional Pass"section need to be replaced or repaired.The system,upon completion of the replacement or repair,as approved by the Board of Health,will pass. Check the box for"yes","no"or"not determined"(Y,N, ND)for the following statements. If"not determined,"please explain. The septic tank is metal and over 20 years old*or the septic tank(whether metal or not)is structurally unsound,exhibits substantial infiltration or eAtration or tank failure is imminent.System will pass inspection if the existing tank is replaced with a complying septic tank as approved by the Board of Health_ *A metal septic tank will pass inspection if it is structurally sound,not leaking and if a Certificate of . Compliance indicating that the tank is less than 20 years old is available. ❑ Y ❑ N ❑ ND(Explain below): t5ins-11/10 Title 5 OfFcial Inspection Form:Subsurface Sewage Disposal System-Page 2 of W Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments y�. 91 Calves Pasture Lane Property Address Herb Sarkisian Owner Owner's Name information is required for every Barnstable MA 02630 10/23/12 page. City/rown State Zip Code Date of Inspection B. Certification (cont.) B) System Conditionally Passes(cont.): ❑ Observation of sewage backup or break out or high static water level in the distribution box due to broken or obstructed pipe(s)or due to a broken,settled or uneven distribution box. System will pass inspection if(with approval of Board of Health): ❑ broken pipe(s)are replaced ❑ Y ❑ N ❑ ND(Explain below): ❑ obstruction is removed ❑ Y ❑ N ❑ ND(Explain below): ❑ distribution box is leveled or replaced ❑ Y ❑ N ❑ ND(Explain below): ❑ The system required pumping more than 4 times a year due to broken or obstructed pipe(s).The system will pass inspection if(with approval of the Board of Health): ❑ broken pipe(s)are replaced ❑ Y ❑ N ❑ ND(Explain below): ❑ obstruction is removed ❑ Y ❑ N ❑ ND(Explain below): _ C) Further Evaluation is Required by the Board of Health: . ❑ Conditions exist which require further evaluation by the Board of Health in order to determine if the system is failing to protect public health,safety or the environment. 1. System will pass unless Board of Health determines in accordance with 310 CMR 15.303(1)(b)that the system is not functioning in a mannerwhich will protect public health, safety and the environment: ❑ Cesspool or privy is within 50 feet of a surface water ❑ Cesspool or privy is within 50 feet of a bordering vegetated wetland or a salt marsh ,i is=1101 u TMe 5 0ftial msper ton Fo-m:Subsurface Swirge Disposal System=Page 3 of W Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 91 Calves Pasture Lane Property Address Herb Sarkisian Owner Owner's Name information is required for every Barnstable MA 02630- 10/23/12 page. City/Town State Zip Code Date of Inspection B. Certification (cont.) 2. System will fail unless the Board of Health (and Public Water Supplier,if any) determines that the system is functioning.in a mannerthat protects the public health, safety and environment: ❑ The system has a septic tank and soil absorption system (SAS)and the SAS is within 100 feet of a surface water supply or tributary to a surface water supply. ❑ The system has a septic tank and SAS and the SAS is within a Zone 1 of a public water supply. ❑ The system has a septic tank and SAS and the SAS is within 50 feet of a private water supply well. ❑ The system has a septic tank and SAS and the SAS is less than 100 feet but 50 feet or more from a private water supply well". Method used to determine distance: "*This system passes if the well water analysis,performed at a DEP certified laboratory,for fecal coliform bacteria indicates absent and the presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5 ppm,provided that no other failure criteria are triggered.A copy of the analysis must be attached to this form_ 3. Other: D) System Failure Criteria Applicable to All Systems: You must indicate"Yes"or"No"to each of the following for all inspections: Yes No ❑ ® Backup of sewage into facility or system component due to overloaded or clogged SAS or cesspool ❑ ® Discharge or ponding of effluent to the surface of the ground or surface waters due to an overloaded or clogged SAS or cesspool ❑ ® Static liquid level in the distribution box above outlet invert due to an overloaded or clogged SAS or cesspool ❑ ® Liquid depth in cesspool is less than 6"below invert or available volume is less than Y2 day flow t5ins-11/10 Title 5 official Inspection Form:Subsurface Sewage Disposal System•Page 4 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 91 Calves Pasture Lane Property Address Herb Sarkisian Owner Owner's Name information is required for every Barnstable MA 02630 10/23/12 page. CitylTown State Zip Code Date of Inspection B. Certification (cont.) Yes No ❑ ® Required pumping more than 4 times in the last year NOT due to clogged or obstructed pipe(s). Number of times pumped: ❑ ® Any portion of the SAS,cesspool or privy is below high ground water elevation. ❑ ® Any portion of cesspool or privy is within 100 feet of a surface water supply or tributary to a surface water supply.' ❑ ® Any portion of a cesspool or privy is within a Zone 1 of a public well. ❑ ® Any portion of a cesspool or privy is within 50 feet of a private water supply well. ❑ ® Any portion of a cesspool or privy is less than 100 feet but greater than 50 feet from a private water supply well with no acceptable water quality analysis. [This system passes if the well water analysis,performed at a DEP certified laboratory,for fecal coliforrn bacteria indicates absent and the presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5 ppm, provided that no other failure criteria are triggered.A copy of the analysis and chain of custody must be attached to this form.] ❑ ® The system is a cesspool serving a facility with a design flow of 2000gpd- 10,000gpd. ❑ ® The system fails.I have determined that one or more of the above failure criteria exist as described in 310 CMR 15.303,therefore the system fails.The system owner should contact the Board of Health to determine what will be necessary to correct the failure. E) Large Systems: To be considered a large system the system must serve a facility with a design flow of 10,000 gpd to 151000 gpd. For large systems, you must indicate either"yes"or"no"to each of the following,in addition to the questions in Section D. Yes No ❑ ❑ the system is within 400 feet of a surface drinking water supply ❑ ❑ the system is within 200 feet of a tributary to a surface drinking water supply ❑ ❑ the system is located in a nitrogen sensitive area(Interim Wellhead Protection Area—IWPA)or a mapped Zone 11 of a public water supply well . If you have answered"yes"to any question in Section E the system is considered a significant threat, or answered 'yes"in Section D above the large system has failed.The owner or operator of any large system considered a significant threat under Section E or failed under Section D shall upgrade the system in accordance with 310 CMR 15.304.The system owner should contact the appropriate regional office of the Deparfitent. t5ins 11110 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 5 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form s Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 91 Calves Pasture Lane Property Address Herb Sarkisian Owner Owner's Name information is required for every Barnstable MA 02630 10/23/12 page. Cityfrown State Zip Code Date of Inspection C. Checklist Check if the following have been done.You must indicate`yes"or'no"as to each of the following: Yes No ® ❑ Pumping information was provided by the owner,occupant,or Board of Health ❑ ® Were any of the system components pumped out in the previous two weeks? ® ❑ Has the system received normal flows in the previous two week period? ❑ ® Have large volumes of water been introduced to the system recently or as part of this inspection? ® ❑ Were as built plans of the system obtained and examined?(If they were not available note as N/A) ® ❑ Was the facility or dwelling inspected for signs of sewage back up? ® ❑ Was the site inspected for signs of break out? ® ❑ Were:all system components,excluding the SAS,located on site? ® ❑ Were the septic tank manholes uncovered,opened,and the interior of the tank inspected for the condition of the baffles or tees,material of construction, dimensions,depth of liquid,depth of sludge and depth of scum? ® ❑ Was the facility owner(and occupants if different from owner) provided with information on the proper maintenance of subsurface sewage disposal systems? The size and location of the Soil Absorption System(SAS)on the site has, been determined based on: ® ❑ Existing information. For example,a plan at the Board of Health. ® ❑ Determined in the field(if any of the failure criteria related to Part C is at issue approximation of distance is unacceptable)[310 CMR 15.302(5)] D. System information Residential Flow Conditions: Number of bedrooms(design): 4 Number of bedrooms(actual): 4 DESIGN flow based on 310 CMR 15.203(for example: 110 gpd x#of bedrooms): 440 t5ins•11/10 Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 6 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 91 Calves Pasture Lane Property Address Herb Sarkisian Owner Owner's Name information is required for every Barnstable MA 02630 10/23/12 page. Cityrrown state Zip Code Date of Inspection D. System Information Description Number of current residents: 2 Does residence have a garbage grinder? ❑ Yes ® No Is laundry on a separate sewage system?[if yes separate inspection required] ❑ Yes ® No Laundry system inspected? ❑ Yes ® No Seasonal use? ❑ Yes ® No Water meter readings,if available(last 2 years usage(gpd)): Detail: Sump pump? ❑ Yes ® No Last date of occupancy: Current Date Commercialfindustrial Flow Conditions: Type of Establishment: Design flow(based on 310 CMR 15.203): Gallons per day(gpd) Basis of design flow(seats/persons/sq.ft.,etc.): Grease trap present? ❑ Yes ❑ No Industrial waste holding tank present? ❑ Yes ❑ No Non-sanitary waste discharged to the Title 5 system? ❑ Yes ❑ No Water meter readings,if available: t5ins-11/10 . Title 5 Official Inspection Form:Subsurface Sewage Disposal System^Page 7 of 17 Commonwealth of Massachusetts r Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 91 Calves Pasture Lane Property Address Herb Sarkisian Owner Owner's Name information is required for every Barnstable MA 02630 10/23/12 page. Cityfrown State Zip Code Date of Inspection D. System Information (cont.) Last date of occupancy/use: Date Other(describe below): General Information Pumping Records: . Source of information: Was system pumped as part of the inspection? ❑ Yes ® No If yes,volume pumped: gallons. _ How was quantity pumped determined? t Reason for pumping: Type of System: ® Septic tank,distribution box,soil absorption system ❑ Single cesspool ❑ Overflow cesspool ❑ Privy ❑ Shared system (yes or no)(if yes,attach previous inspection records;if any) ❑ Innovative/Altemative technology.Attach a copy of the current operation and maintenance contract(to be obtained from system owner)and a copy of latest inspection of the VA system by system operator under contract ❑ Tight tank.Attach a copy of the DEP approval. ❑ Other(describe): t5ins-11/10 Tine 5Official Inspection Form:Subsurface Sewage Disposal System-Page 8 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 91 Calves Pasture Lane Property Address Herb Sarkisian _ Owner Owner's Name _ information is required for every Barnstable MA 02630 10/23/12 page. Cityfrown State Zip Code Date of Inspection D. System Information (cont.) Approximate age of all components,date installed(if known)and source of information: 08/01/03 per BOH Were sewage odors detected when arriving at the site? ❑ Yes ® No Building Sewer(locate on site plan): Depth below grade: 2.0 feet Material of construction: ❑ cast iron ®40 PVC ❑ other(explain): Distance from private water supply well or suction line: feet Comments(on condition of joints,venting,evidence of leakage,etc.): Septic Tank(locate on site plan): Depth below grade: 1.2 feet Material of construction: 0 concrete ❑ metal ❑fiberglass ❑polyethylene ❑ other(explain) If tank is metal,list age: yearn Is age confirmed by a Certificate of Compliance? (attach a copy of certificate) ❑ Yes ❑ No Dimensions: 1,500 gal 4„ Sludge depth: t5ins-11/10 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 9 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 91 Calves Pasture Lane Property Address Herb Sarkisian Owner Owner's Name information is required for every Barnstable MA 02630 10/23/12 page. City/Town State Zip Code Date of Inspection D. System Information (cont.) Septic Tank(cont.) Distance from top of sludge to bottom of outlet tee or baffle 28" Scum thickness Distance from top of scum to top of outlet tee or baffle 6" Distance from bottom of scum to bottom of outlet tee or baffle 16"- How were dimensions determined? measured . Comments(on pumping recommendations,inlet and outlet tee or baffle condition,structural integrity, liquid levels as related to outlet invert,evidence of leakage,etc.): The tank was sound and tight with tees in place and liquid at outlet invert. Grease Trap(locate on site plan): Depth below grade: feet Material of construction: ❑ concrete ❑ metal• ❑fiberglass ❑polyethylene ❑ other(explain): Dimensions: Scum thickness Distance from top of scum to top of outlet tee or baffle Distance from bottom of scum to bottom of outlet tee or baffle Date of last pumping: Date t5ins•11/10 Title 6 Official Inspection Form:Subsurface Sewage Disposal System-Page 10 of 17 F Commonwealth of Massachusetts w Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 91 Calves Pasture Lane Property Address Herb Sarkisian Owner Owner's Name information is required for every Barnstable MA 02630 10/23/12 page. Cityfrown State Zip Code Date of Inspection D. System Information (cone.) Comments(on pumping recommendations,inlet and outlet tee or baffle condition,structural integrity, liquid levels as related to outlet invert,evidence of leakage,etc.): I Tight or Holding Tank(tank must be pumped at time of inspection)(locate on site plan): Depth below grade: Material of.construction: ❑ concrete. ❑ metal ❑fiberglass ❑ polyethylene ❑ other(explain): Dimensions: Capacity: gallons Design Flow: gallons per day Alarm present: ❑ Yes ❑ No Alarm level: Alarm in working order: ❑ Yes ❑ No Date of last pumping: Date Comments(condition of alarm and float switches,etc.): Attach copy of current pumping contract(required). Is copy attached? ❑ Yes ❑ No t5ins-11/10 Title 5 Official Inspection Form:Subsurface Sewage Disposal Sysbem•Page 11 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form s Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 91 Calves Pasture Lane Property Address Herb Sarkisian Owner Owner's Name information is required for every Barnstable MA 02630 10/23/12 page. Cityfrown State Zip Code Date of Inspection D. System Information (cont.) Distribution Box(if present must be opened)(locate on site plan): Depth of liquid level above outlet-invert even Comments(note if box is level and distribution to outlets equal,any evidence of solids carryover,any evidence of leakage into or out of box,etc.):, The box was level and tight with no sign of carryover. F Pump Chamber(locate on site plan): Pumps in working order: ❑ Yes ❑ No Alarms in working order: ❑ Yes ❑ No Comments(note condition of pump chamber,condition of pumps and appurtenances, etc.): Soil Absorption System(SAS)(locate on site plan,excavation not required): If SAS not located,explain why: t5ins•11/10 Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 12 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 91 Calves Pasture Lane Property Address Herb Sarkisian Owner Owner's Name information is required for every Barnstable MA 02630 10/23/12 page. City/Town State Zip Code Date of Inspection D. System Information (cont.) Type: ❑ leaching pits number: ® leaching chambers number: 5 ❑ leaching galleries number: ❑ leaching trenches number,length: ❑ leaching fields number,dimensions: ❑ overflow cesspool number: ❑ innovative/altemative system Type/name of technology: Comments(note condition of soil,signs of hydraulic failure,level of ponding,damp soil, condition of vegetation,etc.): This system has five 500 gallon drywells in a47.5'x11'field of stone.There was no sign of ponding or failure in the stones. Cesspools(cesspool must be pumped as part of inspection)(locate on site plan): Number and configuration Depth—top of liquid to inlet invert Depth of solids layer Depth of scum layer Dimensions of cesspool Materials of construction Indication of groundwater inflow ❑ Yes ❑ No t5ins-11/10 Title 5 Official inspection Form:Subsurface Sewage Disposal System•Page 13 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 91 Calves Pasture Lane Property Address Herb Sarkisian Owner Owner's Name information is required for every Barnstable MA 02630 10/23/12 page. City/Town State Zip Code Date of Inspection D. System Information (coot.) Comments(note condition of soil,signs of hydraulic failure,level of ponding,condition of vegetation, etc.): Privy(locate on site plan): Materials of construction: Dimensions Depth of solids Comments(note condition of soil,signs of hydraulic failure,level of ponding,condition of vegetation, etc.): t5ins-11/10 Tdle 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 14 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 91 Calves Pasture Lane Property Address Herb Sarkisian Owner Owner's Name information is .Barnstable MA. 02630 10/23/12 required for every page. Cityfrown State Zip Code Date of Inspection D. System Information (cont.) Sketch Of Sewage Disposal System:Provide a view of the sewage disposal system,including ties to at least two permanent reference landmarks or benchmarks.Locate all wells within 100 feet. Locate where public water supply enters the building.Check one of the boxes below: ® hand-sketch in the area below ❑ drawing attached separately 3 l� f6 t5ins-11/10 - Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 15 of-17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 91 Calves Pasture Lane Property Address Herb Sarkisian , Owner - Owner's Name information is required for every Barnstable MA 02630 10/23/12. page. Cityrrown State Zip Code Date of Inspection D. System Information (cont.) Site Exam: ® Check Slope ❑ Surface water ® Check cellar ❑ Shallow wells Estimated depth to high ground water: 12.0 feet Please indicate all methods used to determine the high ground water elevation: ® Obtained from system design plans on record If checked,date of design plan reviewed: 07/31/03 Date ❑ Observed site(abutting property/observation hole within 150 feet of SAS) ❑ Checked with local Board of Health-explain: ❑ Checked with local excavators,installers-(attach documentation) ❑ Accessed USGS database-explain: You must describe how you established the high ground water elevation: Mans on file show no water at 12.6 feet. Bottom of leaching is at 4.9 feet. i Before filing this Inspection Report,please see Report Completeness Checklist on next page. t5ins•11/10 Title 6 Official Inspection Form:Subsurface Sewage Disposal System•Page 16 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments �< 91 Calves Pasture Lane Property Address Herb Sarkisian Owner Owner's Name information is required for every Barnstable MA 02630 1003112 page. Cityfrown State Zip Code Date of Inspection E. Report Completeness Checklist ® Inspection Summary:A,B,C,D,or E checked ® Inspection Summary D(System Failure Criteria Applicable to All Systems)completed ® System Information—Estimated depth to high groundwater ® Sketch of Sewage Disposal System either drawn on page 15 or attached in separate file t5ins•11/10 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 17 of 17 MRS. WILLARD S. SIMPKINS ONION ACRE BOX 302 91. ^' y BARNSTABLE, MASS. 02630 . _ Pr _ �- m�� s k4h C. ALI& l 0..e. qI I �� s 1 1- ' TOWN OF BARNSTABLE F ,LOCATION Q1,,C,4/t1c'j /�jy'x Z.19-rir _ SEWAGE #oWOX-� . VILLAGE�; ����/� ASSESSOR'S MAP & LOT j '� r INSTALLER'S NAME&PHONE NO. e J/a .f/i�"/« yo���'a�C SEPTMC TANK CAPACITY.ASS 6,91 LEACHING FACILITY: (type) NO.OF BEDROOMS t BUILDER OROWNER Jsr/c�l `Z3vi,l in1L�' PERMIT DATE: 9—/r®3 _COMPLIANCE DATE: Separation-Distance Between the: Maximum Adjusted Groundwater Table to the Bottom of Leaching Facility Feet Well and LeachingFacili an wells exist Private Water Supply Facility (� Y PP Y 'on site or within 200 feet of leaching facility) Feet Edge of WetlardSand Leaching Facility(If any wetlands'exist within 300 feet of leaching facility) Feet - h;: ,* Furnished by •' ` F r Al - la, era- iY e q C3 -1- 6. cq - 83 C �� ao� V U- - N 129 9 � THE COMMO WE YIOUAVAFEE too- - �30ARD OF KE:A T OF ' jl APPLICATION FORDISPOSAL SYSTEM CONSTRUCTION PERMIT Application for a Permit to Construct (Repair ( ) Upgrade ( ) Abandon ( ) - ❑Complete System ❑Individual Components 7/ CPAOL-j l,pgpr�,t�ye dam. Ham ' 1��f.`t� vi� -i IZC ,� i�o `' Q 1 00 3 � � l/7 � ner's N�e�/�1��� C3 - Map/Parc,tq `� r ?6 2Addres�s Lot# (J Telephone# flfl � Installer's Name Designer's Narpe Ns IC - 0,- 3)6,_,_ (`G} ylicicn� ddress Address 08 �ka8� ssa� 36 -ysY� Telephone# Telephone# Type of Building: Lot Size Sq.feet Dwelling KNo.of Bedrooms Garbage Grinder ( ) Other—Type of Building No. f persons Showers ( ), Cafeteria ( ) Other fixtures Design Flow(min.required) yy0 gpd Calculated design flow gpd Design flow provided gpd Plan: Date Number of sheets Revision Date Title Description of Soil(s) Soil Evaluator Form No. Name of Soil Evaluator Date of Evaluation DESCRIPTION OF REPAIRS OR ALTERATIONS Jos The undersigned agrees to install the above described Individual Sewage Disposal System in accordance with the provisions of TITLE 5 and further agrees not to place they tem in operation until a Certificate of Compliance has been issued by the Board of Health. Signed VU KZ FORM 1 - APPLICATION FOR DSCP DEP APPROVED FORM 5/96 An—No. THE COMMaO WEALTF MASSACH!USES ., ,gFEe \ 1 al (i111 O A R D.' O F� �-A T v / _ OF /rcf9 1 v' ° 4 APPLICATION FOR DISPOSAL SYSTEM CONSTRUCTI`ONP:.ERMIT I A lication for a'Permit to Eon"struct Re air U rade' Abandon pp {I p ( ) pg ( ) (A) - ❑CompLet�e System ❑Individual Components cotuC.�:�A s7vt li 11 r�y .1.kZ110 ,/ -i Ile Locati n Owner's Na e 1. Map/Parcel r Address.' mow: 76 Lot# }; i Telephone# � btu fu Installer's Name �.� signer's Na, � e^S_ It,: ddress ss ddre I Telephone# Telephone# Type of Building: Lot Size Sq:feet Dwelling KNo.of Bedrooms It/ Garbage Grinder ( ) Other—Type of Building No`;of persons Showers ( ) Cafeteria' Other fixtures - Design Flow(min.required) IVy© + gpd Calculated design flow gpd Design flow provided gpd Plana Date �c r °� -i(r S Number of sheets Revision Date t3'//-0 a Title !` Description of Soil(s) Soil Evaluator Form No. Name of Soil Evaluator l Date of Evaluation '4 DESCRIPTION OF REPAIRS OR ALTERATIONS A fly lr The undersigned agrees to install the above described Individual Sewage Disposal System,in accordance with the provisions,.of TITLE 5 and further agrees not�pllacetmhetem in operation until a Certificate of Compliance has been issued by the Board.of Health. [Signed �'y�, t�17 , k ,rh_ n5 ectrOtt• _. _ ''� � , / .��f 7 Y.,`.�. 41-7 FORM 1 APPLICATION FOR OSCP DEP APPROVED FORM 5/96 ,w F Y— —_ f No. 'y/ THE COMMONWEALT(WOF MASSACHUSETTS FEE '�~ ,�,A BOARD OF HEALTH CERTIFICATE OF COMPLIANCE 19 '> Description of Work: E] Individual Component(s) t�complete System The undersigned hereby certify that the Sewage Disposal System;Constructed(Repaired( ),Upgraded( ),Abandoned( ). at !/ C )�vcs rlj(vre 1�i>�te h rlr . tiiALlc has been,installed in accordance with the provisions of 310 CMR 15.00 (Title 5) and the approved design plans/as`-built plans relating to application No.2WVr dated 4fl ILO 7 Approved Design Flow. (gpd) Installer -3t ,c Designer: Ii•'CC Inspecto�_ l- ^�fL�-- Date The issuance of this certificate shall not be construed as a guarantee that the system will function as designed. FORM 3 - CERTIFICATE OF COMPLIANCE DEP APPROVED FORM 5/96 ------------- N THE COMMONWEALTH OF MASSACHUSETTS FEE O� I �"OXBOARD O.F HEALTH DISPOSAL SYSTEM CONSTRUCTION PERMIT Permission is hereby ranted to Construct Repair ( ) Up rade ( ) Abandon ( ) an indidual sewage i disposal system,at C �,-c, 7,o Li - f ar.,ih as described in the application for Disposal System Construction Permit No. Ao dated // . 7 Provided: Construction shall be completed within three years of the date of is i f"` ca conditions must be met. Date Board of Health )—.FORM 2 - DSCP DEP APPROVED FORM 5/96 �. . 1255 (REV 5/96) ''t H&W. HOBBS&WARRENrM PUBLISHERS= BOSTON e ¢,. i ( TOWN OF BARNSTABLE SEWAGE # t10 — LOCATION „`_ .l ASSESSOR'S MAP & LOT VILLAGE T, R'S NAME&PHONE NO. • 'I ]NSTALLE G _ /� 1� , � ° SEPTIC`TANK CAPACITY ,��$- ( LEACHING FACILM' type `L- (size �' } NO.OF BEDROOMS BMDER_OR OW R COMPLIANCE DATE:• PERMIT DATE: R `$ Separation Distance Between the ., Feet Maximum Adjusted Groundwater Table to the Bottom of Leaching Facility 1 Well and Leaching Facility (If any wells exist private Water Supply Feet on site or within 200 feet of leaching facility) exist Edge of Wetland and Leaching Facility (If any Feet within 30o feet of leaching facility} I Furnished by W � Loo�k p� i 'CAW Q r Doc:9259608 06-18-2003 Ilz46 BARNSTABLE LAND COURT REGISTRY GRANT OF RESTRICTION AND EASEMENT This grant of Restriction and Easement made as of this lUT day of June, 2003, by Laurie Warren and Christopher Kuhn, of Barnstable, Barnstable County, Massachusetts ("Grantor"). WITNESSETH WHEREAS, Grantor being the owners in fee simple of that those certain parcels of vacant land located in Barnstable, Barnstable County, . Massachusetts, pursuant to a foreclosure deed, dated February 1, 2001, and registered with the Land Registration Office of the Barnstable County Registry District and pursuant to Certificate. of Title No. 160580 issued by the Land Registration Office of the Barnstable County Registry District, q said parcels of land being being shown as Lots #38 and #39 on a'plan CS registered as Land Court Plan No. 20950-M, on file with the Land �- Registration Office of the Barnstable County Registry District ("Land"); and WHEREAS, Grantor desires to protect and preserve the natural V 3 scenic and aesthetic qualities of the environment by restricting building construction and wastewater discharge design flow to on-site subsurface sewage disposal systems in any improvements located on the Land through the use of-this Nitrogen Loading Restriction and Easement; and WHEREAS, the Land has thebenefit of certain variances from Board of Health regulations which were granted by the Town of Barnstable Board of Health on September 11, 2002, and allow the construction of a single family home serviced by an on-site sewage disposal system with a design flow of 440 gallons per day; and WHEREAS, the variances are conditioned upon the agreement by Grantor to prohibit construction of any dwelling or septic system on Lot #38 of the Land and limit the construction on Lot #39 to a four bedroom dwelling; NOW, THEREFORE, Grantor does hereby grant to the Town of Barnstable the following restriction on the Land on said above referenced plan in accordance with the agreement with the Board of Health which i restriction shall run with the land and have legal significance and be binding upon all successors in title and shall be enforceable only by the Town of Barnstable: 1. No dwelling or septic system shall be located on Lot #38 on Land Court Plan No. 20950-M in perpetuity in furtherance of the public purposes of protection and preservation of the natural scenic and aesthetic qualities of the environment pursuant to the provisions of Art. 97 of the Massachusetts Constitution and M.G.L. c.184, §26, as amended. 2. No more than four bedrooms as defined by 310 C.M.R. 15.001 et. seq. (2002), are to be constructed on Lot #39 on Land Court Plan No. 20950-M in perpetuity in furtherance of the public purposes of protection and preservation of the natural scenic and aesthetic qualities of the environment pursuant to the provisions of Art. 97 of the Massachusetts Constitution and M.G.L. c.184, §26, as amended. 3. Grantor agrees that these restrictions should be permanent deed restriction affecting Lot #38 and #39 as shown on Land Court Plan No. 20950-M. For title see 4oreclosure deed, dated February 1, 2001, and registered with the Land Registration Office of the Barnstable County Registry District and pursuant to Certificate of Title No. 160580 issued by the Land Registration Office of the Barnstable County Registry District TO WITNESS the execution hereof under seal this _ day of June, 003. L vie Warren rantor 2 P P COMMONWEALTH OF MASSACHUSETTS Barnstable,§§ � k,1 -, 20.Z_� _ Then personally appeared the above-named Laurie Warren and acknowledged the foregoing instrument to be her free act and deed before me. T. l Notary Publi : My commission expires: )Past dizooi Chri opher Kuhn Grantor COMMONWEALTH OF MASSACHUSETTS Barnstable,§§ - / 20— 3 Then personally appeared the above-named Christopher Kuhn and acknowledged the foregoing instrument to be his free act and deed before me. Notary P lic:Qj J. Af-e& My commission expires: �(a7 BARNSTAME BEGISTRYOFMW 3 JOSHUA C. CHASE P.O. BOX 1326 GAINESVELLE,FLORIDA 32602 May 29,2003 Wayne A.Miller,M.D. Chairman,Board of Health 200 Main St. P.O.Box 534 Hyannis,Massachusetts 02601 Re: Lot 39,Calves Pasture Point,Barnstable,Massachusetts Dear Sir: It has just come to my attention that the only site available for Lot 39 to use for their septic system is within 150 feet of our well at 58 Calves Pasture Lane. We object to any action on the part of any of our neighbors that could taint our well water. The water we get out of our well has been a source of pleasure for my family as it is good clean water that tastes so much better than water that:has.been treated to meet municipal standards. I would like to make it clear that we do not think being hooked up to the municipal water system is a reasonable alternative to having our own well, and would hope that you would not take any action to approve a site plan that might jeopardize the.safety and:purity of our current well. Please consider this letter as clarification to a letter sent to Mr. Paul Revere, III in July of last year. My co-trustee,Bank of America,received a express letter which indicated to them that they had to agree to a proposal to be connected to city water in order to maintain the potable water supply to the property. Due to the apparent short turn around time required, the Ms. Eriksen of Bank of America responded in the positive, since should approval be granted to jeopardize the safety of our well,we would want to be made whole again at no cost to ourselves. As she stated at the time, we do not want to see development on lot 39, because of all the negative impacts it may have on our property. Thank you for your careful consideration of our situation, and for protecting our investment in our home in Barnstable. Sincerely, _ Joshua;C:Chase,: Co-Trustee of the Julie G.Chase.Trust; cc: T.David Houghton John Abodeely. . Town of Barnstable sw>�vsrasi�. 9` DA,O� Board of Health 2002 Main Street, Hyannis MA 02601 Office: 508-862-4644 Susan G.Rask,R.S. FAX: 508-790-6304 Sumner.Kaufman,MSP: Wayne Miller,M.D. May 6, 2003 Mr. Ted Theodores 50 Shepards Way Barnstable, MA 02630 RE: Board of`Health,,Meetings! Results,, .Lot,,3.9-Calves Pasture-Lane. a -Y Dear Mr. Theodores, i Attached are the documents which Dr. Miller indicated would be sent to you: - List of persons who attended and signed in at the July 9, 2002 meeting of the Board of Health. - Results of the July 9, 2002 meeting - Results of the August 13, 2002 meeting We also keep the copies of the receipts of the abutter notifications regarding the hearings held over the years regarding this property on file here at this Office. If you should have any questions, please feel free to telephone me at 862-4644. Sincerely yours, L omas A. McKean, CHO Health Agent Theodores Ted Theodores 50'Shepherds Way, Barnstable, MA 02630 Wayne Miller, N .D. March 25, 2003 Chairman Town of Barnstable Board of Health 200 Main Street Hyannis, MA '02601 Dear Dr. Miller; Thank you for your prompt reply to my letter of March 15 relative to Lot 39 Calves Pasture Lane. My apologies for its tone. While I did not intend to imply that the Board of Health has taken any unethical or illegal actions, I must admit an honest skepticism about the Board' s review and administrative processes. I am one of a large group (100+) of concerned, and very disappointed, neighbors and residents who have tried for nearly three years to prevent this unfortunate project from being permitted. But for the failure of the Board of Health to administer and enforce its own decisions on two specific occasions, this project would never (and should never) have been allowed. Those occasions were: 1) The Board' s failure to enforce . stipulated recording of certain deed restrictions mandated by its own June 7, 1989 decision, and 2) it' s failure to properly notify the Applicants of its decision to deny variances requested on December 29, 1999, resulting in "constructive approval". Sadly, we learned yesterday that the Conservation Commission has approved the project and will issue an Order of Conditions, in spite of our Petition, which was signed by 128 concerned local taxpayers. our conclusion is that Town Boards & Commissions have yielded to the pressures of speculative developers while ignoring its own rules as well as the strong objections of its residents. Thank you for arranging to send the minutes of relevant meetings. We will review them and let you know what we learn. Sincerely, CC: T. David Houghton, Susan Rask, R.S. , Sumner Kaufman, MSPH <ttheodores@attbi.com> Phone & Fax 508 . 362. 3553 t; Ted Theodores 50 Shepherds Way Barnstable, MA 02630 Wayne Miller, M.D. March 25, 2003 Chairman Town of Barnstable Board of Health 200 Main Street Hyannis, MA 02601 Dear Dr. Miller, Thank you for your prompt reply to my letter of March 15 relative to Lot 39 Calves Pasture Lane. My apologies for its tone. While I did not intend to imply that the Board of Health has taken any unethical or illegal actions, I must admit an honest skepticism about the Board' s review and administrative processes. I am one of a large group (100+) of concerned, and very disappointed, neighbors and residents who have tried for nearly three years to prevent this unfortunate project from being permitted. But for the failure of the Board of Health to administer and enforce its own decisions on two specific occasions, this project would never (and should never) have been allowed. Those occasions were: 1) The Board' s failure to enforce stipulated recording of certain deed restrictions mandated by its own June 7, 1989 decision, and 2) it' s failure to properly notify the Applicants of its decision to deny variances requested on December 29, 1999, resulting in "constructive approval". Sadly, we learned yesterday that the Conservation Commission has approved the project and will issue an Order of Conditions, in spite of our Petition, which was signed by 128 concerned local taxpayers. Our conclusion is that Town Boards & Commissions have yielded to the pressures of speculative developers while ignoring its own rules as well as the strong objections of its .residents. Thank you for arranging to send the minutes of relevant meetings. We will review them and let you know what we learn. Sincerely, 1 CC: T. David Houghton, Susan Rask, R.S. , Sumner Kaufman, MSPH <ttheodores@attbi.com> Phone & Fax 508 . 362 . 3553 Ted Theodores 50 Shepherds Way Barnstable, MA 02630 Wayne Miller, M.D. March 25, 2003 Chairman Town of Barnstable. Board of Health 200 Main Street Hyannis, MA 02601 Dear Dr. Miller, Thank you for your prompt reply to my letter of March 15 relative to Lot 39 Calves Pasture Lane. My apologies for its tone. While I did not intend to imply that the Board of Health has taken any unethical or illegal actions, I must admit an honest skepticism about the Board' s review and administrative processes. I am one of a large group (100+) of concerned, and very disappointed, neighbors and residents who have tried for nearly three years to prevent this unfortunate project from being permitted. But for the failure of the Board of Health to administer and enforce its own .decisions on two specific occasions, this project would never (and should never) have been allowed. Those occasions were: 1) The Board' s failure to enforce stipulated recording of certain deed restrictions mandated by its own June 7, 1989 decision, and 2 : it' s failure to properly notify the Applicants of its decision to deny variances requested on December 29, 1999, resulting in "constructive approval". Sadly, we learned yesterday that the Conservation Commission has approved the project and will issue an Order of Conditions, in spite of our Petition, which was signed by 128 concerned local taxpayers. Our conclusion is that Town Boards & Commissions have yielded to the pressures of speculative developers while ignoring its own rules as well as the strong objections of its residents. Thank you for arranging to send the minutes of relevant meetings. We will review them and let you know what we. learn. Sincerely, -All 4`� CC: T. David Houghton, Susan Rask, R.S. , Sumner Kaufman, MSPH .<ttheodores@attbi.com> Phone & Fax 508 . 362. 3553 Town of Barnstable x SATi1VS'T'ASi�. ''' SS 659. Board of Health 200 Main Street, Hyannis MA 02601 Office: 5087862-4644 Susan G.Rask,R.S. FAX: 508-790-6304 Sumner Kaufman,MS Wayne Miller,M.D. September 11, 2002 Ms. Laurie Warren 67 School Street Hyannis, MA 02601 RE: Lot 39 Land Court Plan No. 20950-M Calves Pasture Lane, West Barnstable, A= 259-001-003 Dear Ms. Warren, You are granted conditional variances to construct an onsite sewage disposal system at Lot 39 Calves Pasture Lane, West Barnstable. The variances granted are as follows: PART VIII SECTION 1.00: The soil absorption system will be located 77 feet away from a vegetated wetland, in lieu of the 100 feet minimum separation distance required. PART VIII SECTION 1.00: The proposed reserve area for the soil absorption system will be located 54 feet away from a vegetated wetland, in lieu of the 100 feet minimum separation distance required. PART XII: The soil absorption system will be located only 100 feet away from the neighbor's onsite private well, in lieu of the 150 feet minimum separation distance required.( however see condition below). These variances are granted with the following conditions: (1) No more than four (4) bedrooms maximum are authorized at this property. Dens, study rooms, offices, finished attics, sleeping lofts, and Warren R. e� similar-type rooms are considered "bedrooms" according to the MA Department of Environmental Protection. (2) The applicant shall record a properly worded deed restriction, approved as to form by the Town Attorney and signed by the owner of the property, at the Barnstable County Registry of Deeds restricting the property to four (4) bedrooms maximum. A copy of the recorded deed restriction shall be submitted to the Health Agent prior to obtaining a disposal works construction permit. (3) The dwelling shall be connected to public water. (4) The applicant shall offer to connect.and if accepted will pay all expenses associated with connection of house #58 Calves Pasture Lane to public water: if the offer to connect is refused, the applicant will pay all expenses associated with establishment of a public water connection point at the front yard line. (5) No dwelling or septic system shall be constructed upon Lot #38 Calves Pasture Lane, West Barnstable. The applicant shall record a properly worded deed restriction, approved as to form Ey t e Town Attorney and signed by the owner _oTWe property, at the Barnstable County Registry of Deeds prohibiting the construction of any dwelling or septic system upon that property (6) The septic system shall be installed in strict accordance with the engineered plans dated revised August 13, 2002. (7) If the septic system fails in the future, the reserve shall be placed in the location of the original soil absorption system, rather than in the location depicted on the submitted engineered plans. (8) The designing engineer shall supervise the construction of the onsite sewage disposal system and shall certify in writing to the Board of Health that the system was installed in substantial compliance with the submitted plans dated revised August 13, 2002. (9) A copy of these variance conditions shall be recorded with the Certificate of Title for Lot 39 prior obtaining a disposal works construction permit. (10) Documentation of compliance with all of these variance conditions except number 7 shall be submitted to the Health Agent prior to obtaining a disposal works construction permit. This variance shall expire unless all installations in compliance with its terms and conditions except number 7 are fully performed by August 12, 2005. Warren 'r These variances are granted because the physical constraints at the site severely restrict the location of the soil absorption system due to the proximity of the wetlands adjoining the property on four sides. Sincerely yours, Wayne Miller, M.D. - Chairman i Warren y� Town of Barnstable + iAR1V9TABL.E, i �6' Board of Health o b 200 Main Street, Hyannis MA 02601 Office: 508-862-4644 Susan G.Rask,R.S. FAX: 508-790-6304 Sumner Kaufman,MSPH Wayne Miller,M.D. RESULTS OF THE BOARD OF HEALTH MEETING Held on Tuesday July 9,2002 At the Basement Conference Room School Administration Building 230 South Street, Hyannis,MA 7:00 P.M. RESULTS I. New Massage Applicant: APPROVED Elizabeth Madden— Proposes to practice massage at the Cape Coddler Resort and at Amy Hutchkiss Office,West Bay Road Osterville. Sumner Kaufman made a motion, duly seconded by Susan Rask, and the Board of Health voted unanimously to grant Ms. Elizabeth Madden a license to practice massage at the Cape Coddler Resort, Route 132 Hyannis and at the office of Amy Hutchkiss,West Bay Road Osterville. II. Continued from Previous Meeting: GRANTED A. Glen Harrington, R.S. representing Cynthia Hayden- 19 Ocean View Avenue, With Cotuit, 16,557 square feet property, variance requested regarding separation Conditions distance between septic tank and wetland. Sumner Kaufman made a motion, duly seconded by Susan Rask, and the Board of Health voted unanimously to grant the applicant a variance to replace the failed septic system at this site with the following conditions: (1) No more than four bedrooms are authorized at this property. (2)The applicant shall record a deed restriction at the Barnstable County Registry of Deeds restricting this property to four bedrooms maximum before obtaining a disposal works construction permit. (3)The Registered Sanitarian shall supervise the construction of the septic system and shall certify in writing to the Board that the system was installed in substantial compliance with the revised plans dated June 25, 2002. POSTPONED B. Ed Stafford— 195 Flint Rock Road, 4.5 acre lot, proposed commercial building As Requested located within 3,000 feet of a sewer line. By the Applicant III. New Business (Repairs): GRANTED A. Dave Mason , R.S. representing Irina Weatherly— 1595 Main Street(Route 6A), With , West Barnstable, proposed repair of a failed septic system and relocation of well, Conditions well setback variances requested. i Susan Rask made a motion, duly seconded by Sumner Kaufman, and the Board of Health voted unanimously to grant the applicant variances to replace the failed septic system at this site with the following conditions: (1)The Registered Sanitarian shall submit revised plans showing a minimum of 150 feet separation between the onsite soil absorption system and the neighbor's well (thus reducing the setback distance between the onsite soil absorption system and the onsite well). (2) No more than five bedrooms are authorized at this property. (3)The applicant shall record a deed restriction at the Barnstable County Registry of Deeds restricting this property to five bedrooms maximum before obtaining a disposal works construction permit. (4)The owner shall not expand the office or retail uses at this site in the future without first obtaining written approval from the Board of Health ; and (5)the owner shall not increase the design flow nor the estimated sewage flow in the future without first obtaining written approval from the Board of Health; and (6)the Registered Sanitarian shall supervise the construction of the septic system and shall certify in writing to the Board that the system was installed in substantial compliance with the revised plans. GRANTED B Don Perkins representing Ronald Andrews—37 New London Avenue, Marstons With Mills, repair of a failed septic system, well setback variances requested. Conditions Sumner Kaufman made a motion, duly seconded by Susan Rask, and the Board of Health voted unanimously to grant the applicant variances to replace the failed septic system at this site with the following conditions: (1)The designing engineer shall submit revised plans listing the variances requested. (2) No more than three bedrooms are authorized at this property. (3)The applicant shall record a deed restriction at the Barnstable County Registry of Deeds restricting this property to three bedrooms maximum before obtaining a disposal works construction permit. (4)the designing engineer shall supervise the construction of the septic system and shall certify in writing to the Board that the system was installed in substantial compliance with the revised plans. PERMISSION C. Kathleen Bresette—268 Browser Cottage, Sandy Neck, Barnstable, proposed GRANTED composting toilet. With Conditions Sumner Kaufman made a motion, duly seconded by Susan Rask, and the Board of Health voted unanimously to grant the applicant permission to install a compost toilet and to continue to utilize the existing basin for greywater discharge with the following conditions: (1) The alternative technology toilet system shall be built to NSF-41 standards and installed in strict compliance with the manufacturer's recommendations and all applicable requirements of 248 CMR 2.14, 2.15, and 2.16. (2)The applicant shall ensure that the plumbing components of the system are installed by a licensed plumber. (3)The plumber shall notify the State Plumbing Board (617 727-9952) as to the location of the system being installed,the name of the applicant, and the manufacturer's name and model number. (4) The applicant shall submit to the Public Health Division clearly labeled floor plans of the existing dwelling. (5)The dwelling is restricted to the number of bedrooms which currently exists. No additional bedrooms will be authorized at this property. No additions or expansions will be allowed at this dwelling in the future. (6) The applicant shall record a deed restriction at the Barnstable County Registry of Deeds restricting this property to the existing number of bedrooms at this property. CONTINUED D. Edward Pesce, P.E. representing Strawberry Hill Condominium Trust, 1431 Until lyannough Road, Hyannis, top of system components to be installed more August 13, 2002 than 36" deep. Sumner Kaufman made a motion, duly seconded by Susan Rask, and the Board of Health voted unanimously to continue this matter until the August 13, 2002 meeting and to request the applicant to provide septic system inspection reports regarding all of the septic systems which currently exist at this property. The inspection reports are to be submitted to the Board at or before the August 13 meeting at which time the reports will be reviewed. IV. New Construction: WITHDRAWN A. Robert Dunphy representing James Higgins- 11 Desert Sands Lane, WITHOUT Cummaquid, 23,075 square feet lot, proposal to construct a three (3) bedroom PREJUDICE dwelling within a zone of contribution to public water supply wells. CONTINUED B. Laurie Warren-Lot 39 Calves Pasture Lane, West Barnstable, variances Until requested regarding separation distance between proposed SAS and wetland and Aug. 13, 2002 neighbor's well location. V. Grease Trap Variance Requests: GRANTED A. Wolfgang Schutzinger- Kaffee Wolfgang, 592 Main Street, Unit 3, Hyannis, WITH sandwiches, soups, salads, and desserts, grease recovery device proposed. CONDITIONS Sumner Kaufman made a motion, duly seconded by Susan Rask, and the Board of Health voted unanimously to grant the applicant a variance to install a grease recovery device at Unit 3, 592 Main Street with the following conditions: (1)The applicant is restricted to serving only the foods listed on the submitted menu. (2)The grease recovery device shall be installed in accordance with the State Plumbing Code. CONTINUED B. Chandler Bosworth— Intercontinental Enterprises, 459 Main Street, Hyannis, UNTIL sandwiches and appetizers including chicken dumplings to be prepared, "grease AUG 13, 2002 recovery system" proposed. Sumner Kaufman made a motion, duly seconded by Susan Rask, and the Board of Health voted unanimously to continue this matter until the August 13, 2002 meeting. The applicant shall provide the following information to the Board at or before the August 13th meeting: (a)feasibility of installing an underground grease trap at this location, and (b) costs associated with installing an underground grease trap at this location. VI. Floor Drain Connection Proposal: CONTINUED Centerville-Osterville- Marstons Mills Fire District-Addition proposed at 270 UNTIL Route 149 Marstons Mills. AUGUST 13, 2002 Sumner Kaufman made a motion, duly seconded by Susan Rask, and the Board of Health voted unanimously to continue this matter until the August 13, 2002 meeting. The applicant shall provide more information to the Board regarding the types of soaps proposed to be used for washing the apparatus. VII. Swimminq Pool Modifications: GRANTED Deborah Manning- Days Inn Motel, 867 Route 132 Hyannis GRANTED George Bartlett—Fisherman's Village Condominiums, 855 West Main Street, Hyannis Sumner Kaufman made a motion, duly seconded by Susan Rask, and the Board of Health voted unanimously to grant the above listed applicants modifications to the Board of Health lifeguard requirements with the following conditions: (1)The pool must be supervised by a swimmer all times the pool is open. The"qualified swimmer" must be at the pool and cannot be observing from the desk unless another swimmer is provided and physically present at the pool. (2) The"qualified swimmer" must be certified in adult, child, and pediatric CPR by the American Red Cross, American Heart Association or equivalent, be familiar with lifesaving equipment and knowledgeable in first aid procedures. (3) The applicant must keep a permanent record on a form prescribed by the Board of Health listing each swimmer supervising the pool when it is in use. (4)The swimming pool is restricted to 19 persons maximum; (5) The applicant must provide the Board of Health a copy of the applicant's insurance policy naming the Town as coinsured in the amount of$1,000,000 (6)The swimming pool water must be tested for coliform bacteria at least monthly by a certified laboratory. VIII. Stanley Rotman—Center Village Condominiums, Captain Cook Lane, Centerville, DENIED requested permission to operate the swimming pool without any lifeguards or qualified swimmers. VIII. Michael McGrath, P.E. - RUCK Systems at Falling Leaf Lane, Osterville. CONTINUED UNTIL SEPTEMBER 3, 2002 MEETING IX. Board of Health - Paperwork and Hearing Reduction Proposals APPROVED Sumner Kaufman made a motion, duly seconded by Susan Rask, and the Board of Health voted unanimously to allow the Health Agent or a health inspector to grant variances and approvals immediately at the time of application in regards to only the following circumstances: 1) Repairs Only—Soil absorption system (SAS)to private onsite well separation distance variances, if located in the same general location as the old SAS and more than 100 feet separation is proposed. 2) Repairs Only - Foundation setbacks, if an impervious liner is designed and installed. 3) Repairs Only -Property Line Setback Variances (from 9 feet down to 3 feet). The submitted plan shall include the stamp of a Registered Land Surveyor. 4) GRD's—Only if the menu is the same as the previous food establishment. 5) Reflexologists - Issue same letter as previous applicant(the practice of reflexology is not known to be a health hazard and therefore does not require a license at this time) X. Proposed Policy Regarding Sewage Disposal from Sandy Neck Dwellings and Camps CONTINUED XI. Tobacco Sales -List of Repeat Offenders DISCUSSED AND HEARING SCHEDULED TO BE HELD ON August 13, 2002 7:00 PM XII. APPOINTMENT Thomas McKean was appointed Agent of the Board of Health (Health Agent)for the following time period: July 9, 2002 through July 9, 2005. XIII. Correspondence(Continued from Previous Meetings): DISCUSSED Letter from Attorney Paul Revere, III, dated March 7, 2002 regarding clarification concerning applicability of Shared and Onsite Alternative Wastewater Disposal System Regulation. WHEREAS, Laurie Warren and Christopher Kuhn, of Barnstable, Barnstable County, Massachusetts ("Grantor") are,the owners in fee simple of certain parcels of vacant land located in Barnstable, Barnstable County, Massachusetts, pursuant to a foreclosure deed, dated _ _____, and registered with the Land Registration Office of the Barnstable County Registry District and pursuant to Certificate of Title_ No. ____ issued by the Land Registration Office of the Barnstable County Registry District, said parcels of land being being shown as Lots #38 and #39 on a plan - registered as Land Court Plan No. 20950-M, on file. with the Land Registration Office of the Barnstable County Registry District ("Facility Land"); and WHEREAS, Lot #39 of the Facility Land has the benefit of certain variances from Board of Health regulations which were granted by the -Town of Barnstable Board of Health on _.:--------- and allow the construction of a single family home serviced. by an on-site sewage .disposal system with a design flow of 440 gallons per day; and WHEREAS, the variances are conditioned upon the agreement by 0Jvi6l Grantor to prohibit construction of structures or, facilities for human 5&watl habitation on Lot #38 of the Facility Land; is a P NOW, THEREFORE, Grantor does hereby grant the following restriction on Lot #38 only on said above referenced plan in accordance with the agreement with the Board of Health which restriction shall run with the land and have legal significance and be ..binding upon_ all successors in title and shall be enforceable only by t_he Town of Barnstable: D N-Sp�-e 1 . No structures or facilities for human habitation shall be located on Lot #38 on Land Court Plan No. 20950-M in perpetuity in furtherance of the public purposes of protection and preservation of the natural scenic and aesthetic qualities of the environment pursuant to the provisions of Arta 97 of the Massachusetts Constitution and M.G.L. c.184, §26, as amended. 2. Grantor agrees that this should be a permanent deed restriction affecting Lot #38 of the Facility Land as shown on Land Court Plan No. 20950-M. _ 1 For title see foreclosure . deed, dated __________- and registered with the Land . Registration Office of the Barnstable County Registry District and pursuant to Certificate of Title No: ____ issued by the Land Registration Office of the Barnstable County Registry District WITNESS the execution hereof .under seal this _ day of _________ , Laurie Warren Grantor COMMONWEALTH OF MASSACHUSETTS Barnstable,§§ --------- 20---- Then personally appeared the above-named Laurie Warren and acknowledged the foregoing instrument to be her free act and deed before me. ------------- Notary Public: — -- My commission expires: 2 t -------------- -------- Christopher Kuhn Grantor COMMONWEALTH OF MASSACHUSETTS i Barnstable,§§ ---------_, Then personally appeared the above-named Christopher Kuhn .and acknowledged the foregoing instrument to be his free act and deed before me. - ------------ Notary Public: My commission expires: 3 FROM : Paul Revere III Esq PHONE NO. : 5087787126 AUG. 09 2002 11:23AM P2 WHEREAS, Laurie Warren and Christopher Kuhn, of Barnstable, Barnstable County, Massachusetts ("Grantor") are the owners in fee simple of certain parcels of vacant land located in Barnstable, Barnstable County, Massachusetts, pursuant to a foreclosure deed, dated __— and registered with the Land Registration Office of the Barnstable County Registry District and pursuant to Certificate of Title No. ____ issued by the Land Registration Office of the Barnstable County Registry District, said parcels of land being being shown as Lots #38 and #39 on a plan registered as Land Court Plan No. 20950-M, on file with the Land Registration Office of the Barnstable County Registry District ("Facility Land"); and WHEREAS, Lot #39 of the Facility Land has the benefit of certain variances from Board of Health regulations which were granted by the Town of Barnstable Board of Health on ___------ and allow the construction of a single family home serviced by an on-site sewage disposal system with a design flow of 440 gallons per day; and WHEREAS, the variances are conditioned upon the agreement by Grantor to prohibit construction of any other subsurface sewage disposal system on the Facility Land; NOW, THEREFORE, Grantor does hereby grant the following restriction on Lot #38 only on said above referenced plan in accordance with the agreement with the Board of Health which restriction shall run with the land and be binding upon all successors in title and shall be enforceable only by the Town of Barnstable acting through its Board of Health or successor agencies to said Board of Health: 1-:----No subs-urface-sewage disposal system shall-be -located (quantity Lot #38 on Land Court Plan No. 20950-M in perpetuity in furtherance,of e public purposes' of protection and preservation of the quality and\ of ground water resources in the area of the public and privatells in the Town of Barnstable, Massachusetts in order to ensure a safe d healthy public and private water supply for the present and future inhabitants of the area pursuant to the provisions of Art. 97 of the Massachusetts Constitution and M.G.L. c.184, §26, as amended. _ ._ -. ..._-. . ---._-._......._........... _ 2. Grantor agrees that this should be a permanent deed i f FROM : Paul Revere III Esq PHONE NO. : 5087787126 AUG. 09 2002 11:24AM P3 restriction affecting Lot #38 of the Facility Land as shown on Land Court Plan No. 20950-M. For title see foreclosure deed, dated _ and registered with the Land Registration Office of the Barnstable County Registry District and pursuant to Certificate of Title No. ____ issued by the Land Registration Office of the Barnstable County Registry District WITNESS the execution hereof under seal this ____ day of T______. 20_ Laurie Warren Grantor COMMONWEALTH OF MASSACHUSETTS Barnstable,§§ 20—__ Then personally appeared the above-named Laurie Warren and acknowledged the foregoing instrument to be her free act and deed before me. Notary Public: My commission expires: 2 07/09/2002 TUE 17:08 M 508 862+4711 TOB - DPW - Engineering 001/003 Town d Barmstable 367 Main Street,- Hyannis,MA 02601 Legal Department (508)862-4620;(508)862-4724 Fax Yax Sheet Dater t! (1 Number of pa s inc ding cover sheet: j To: -rd Vq- 44 G ecp[ From: T.David Houghton,Asst.Town FAX Attoruey. NUMBER 0 Legal Department Re: ` Phone: .(508)-862-4620 hone: Fax phone: (508)-8 2 724 LEGAL F: PAS vf"dog Ac REMAM- ❑ Urgent For your ❑ Reply ASAP ❑ Please couunent review C4 fxvvrq/� V) G4.�'� � G( � 1! Gl ' �1/'U►.�GtQrt.� rrP.��`l�/Z�LI (,t(e G G y y � (r . 07/09/2002 TUE 17:08 W 508 862+4711 TOB - DPW - Engineering �0021003 TOWN OF BARNSTABLE ssasc� �. OFFICE OF TOWN ATTORNEY �j,,•s». ��� 367 MAIN STREET HYANNIS, MASSACHUSETT'S 02WI-3901 RO@ERT D.5MRH,Town Attorney TEL(sue)862-4M RUTH J.WEIL,tst Assistant Team Altornsy n.,nl 30, 2002 FAX (50)8624724 T.DAVID HOtJGt4TON,Assistant Town Attorney April CLAIRE R.GRIFFEN,Legal Assistant C01VFMF1NTW Paul Revere, III, Esq. 226 Riverview Lane Centerville, MA 02632 Re: Potential Calves Pasture Settlement(Inadmissable as Evidence) Christopher P. Khun, Laurie A. Warren v. Sumner Kaufman, Ralph A. Murphy, Susan G. Rask and Town of Barnstable Board of Health C.A. No. 00-285 Our File Ref. #20000074 Dear Mr. Revere: In an attempt to confirm our several telephone conferences since the Board of Health executive sessions of March 19 and April 16, it is my belief that we have agreed to advance the following as a new application for public hearing. Lots 38 and 39 would be reconfigured as a single lot to be shown on a recorded ANR plan. Your clients would apply for variances from Barnstable health regulations for installation of a septic system of sufficient size and capacity to accommodate a four bedroom house with attached garage to be located on what is presently Lot 39. The following would be among the anticipated conditions. (a) Your clients would provide for the installation at their expense of a water main from Scudder Lane along Calves Pasture Lane of sufficient capacity to provide a public water source for their property and that of the property across Calves Pasture Lane (house number 58). (b) Your clients would comply with any other requirements of the Barnstable Water District for installation of a main along Calves Pasture Lane. Your clients would request in writing that the 20000014 Revitrl0 ,_� .07/U/2002 TUE 17:09 FAX 508 862+4711 TOB - DPW - Engineering �003/003 District confirm to the Board of Health in writing its approval of the installation and its specifications and requirements. (c) Your clients would either(1) provide for the installation at their expense of a water connection line to the dwelling house or well connection at 58 Calves Pasture Lane or(2)document in writing that they so offered and their offer was refused, in which event they will provide for the installation at their expense of a water connection line to the sideline of 58 Calves Pasture sufficient to enable the present or a future owner to connect. (d) Your clients' application demonstrates that it depends on the minimum number of variances from local health regulations, and requires no variances from Title V. We discussed that the likely preference would be for greater distances (lesser variances) from wetlands than structures. There may be other conditions the Board imposes, but I can represent that I have and will communicate to them that this matter is proceeding as litigation settlement and their conditions must be in line with that posture even in the face of objections or concerns voiced at a public hearing. I believe that the next steps are for you on behalf of your clients to (1) present a sketch of your proposal in light of these terms so that I may discuss it once more with either Tom McKeon or Susan Rask or both, (2)continue the summary judgment motion hearings scheduled for May 14, (3) prepare and file a new variance application with the Board once the sketch has been reviewed, and (4) acquaint me with any corrections or additions to the contents of this letter. In connection with item number 3, 1 agreed with you that it may be necessary for you to discuss this proposal with Rob Gatewood and that I had no objection as long as those discussions were confined to wetlands issues. I look forward to hearing from you. Very truly ours, /tdh T. DAVID HOUGHTON Assistant Town Attorney Cc: Thomas J. McKean, Director, Public Health 20000074 Acv1v10 TLI Cl;:--- _� i 1 _ �F �'I C!F f EF I'_ ;_1" �=4 _ ._= 1 O ._+5 1_ h _ _ c Bezinkof America. Barth,of America Asset Management 5roup Trust Real Estate FLO-500-04.01 150 Farr.Avenue South,4ih Floor Atrter Per?,Fi 3 '$S 4a16 A. O 40764b.3W =a 407,546.3491 I''aul FT, Esc wire w46 Riv'c,: Vie,,v Lane ti`:x3t+.Y- i l5k ir� c:' 1?_ � Julia Chase i•iust )"ar Neff. Rcverc,. \k c f-t 0, 111 rec6pt of your letter Gr-,,Tuiy 2. 2'2002 Tcgazding a proposa cnnA of the ,i -Ovt-tefercn-ed 3ro cry t ublic w t ft ;) #�G ,us t`i'�eiri; art iOi+aI b}' Ft :il r _;�. 4 t i�. t P i Fy pF 7 Y "�wd oT �real:di.,o grant a perfpalt,,to Lauri.(' V/a--7Ten L?1d ChTis'Lopher Kulin to t.}i7",i+E! :ic'.wage d!^5pL`;�� ^,4'�`tGli� �C ' 1TYn n' 1`'�'.S- -.11 i � ace. 13a 3 „�3ttc t• st' ,'wTil 'y J nt 39, Jo.-sh is Chase And Bank t s-i� ca,i,N.A. Trust. ,- �.�_ R.t;rl• �'..;_ as � ii.J ti.;,Ps E��'rtmta: ��s —F Hc)w,r;-tQr, by our agrti�-11jeflt,o ttLt , prCSpoLqly `N'e do not ir1dic#9w t:?a. W� in afire. rt',ent that a rluildin-v should he cans ruc*ed on Lot 39, Cakrc;s Pastae Lar_c, •. SS'Lil AS.]L[��J�F t4 IF'i.P'�.. �iYicercly, , P a-icia A. Enkseu cc: Pam ,,,C e Josh Chas �ZtltS tfSi 1tP 3t�tst i,QUli�i4 .0 Y"C-t1 to P.IFC' t��t}ic sGI,A s t C�iY S! Qq iE�15t1 al ro.i y� i}nr7 r T41 ft`EPA Cjt Arnefim wi i InIq- I n 3r sha:'s't OT used for�m U 9 A ........ .... FROM: Herbert Carver Wc, ac.\ G ck VA, V cc'v�c.Hce.✓ �' ca�G.S we67 u�� t _� tv w� AK uqV�� V O v' 4w 6`t r?, w0 w► et_ R a: 6 30 Y LAW OFFICES OF PAUL REVERE, III 226 River view Lane Centerville, Massachusetts 02632 RECEIVED (508) 778-7126 July 2, 2002, JUL 0 8 2002 TOWN OF BARNSTABLE HEALTH DEPT. Chase, Joshua C 991412065 Via U.S.P.S. Bank of America Tr. Overnight Delivery P O BOX 8888 Real Estate Winter Park, FL 32790-8888 Joshua C. Chase Via Certified Mail 58 Calves Pasture Lane Return Receipt Requested Barnstable, MA 02630 RE: Offer to Connect 58 Calves Pasture Lane to Public Water Supply Dear Sir: My clients, Laurie Warren and Christopher Kuhn, have submitted a proposal to the Town of Barnstable Board of Health to construct an on-site sewage disposal system (commonly referred to as a "septic system") on property which they own known as Lot #39, Calves Pasture Lane (Assessor's Map 259, Parcel 1-3). As part of the permitting proceeding, the Board of Health has requested that we offer to connect your property located at 58 Calves Pasture Lane to public water at no cost to you. Therefore, on behalf of my clients and by this letter, Laurie Warren and Christopher Kuhn hereby offer to connect your property at 58 Calves Pasture Lane to public water provided by the Barnstable Fire District Water Department at no cost to you subject to the following conditions: 1. The obligation to connect 58 Calves Pasture Lane to public water is contingent upon the issuance of a permit for and construction of a septic system on Lot #39 (i.e., if a permit is not issued or construction is not commenced then my clients and their successors in interests will have no obligation to provide public water to the 58 Calves Pasture Lane property). 2. The connection will be made to the current well except that the connection will be made to the dwelling at 58 Calves Pasture Lane if: (i) connection to the dwelling is less expensive; or (ii) the Board of Health or the water department otherwise requires connection to the dwelling. 3. My clients will locate the connection line on what they consider to be the shortest course from Calves Pasture Lane to the well and agree to discuss the location with you prior to construction and will accommodate all reasonable requests to locate the line such that it avoids features of 58 Calves Pasture Lane (i.e., trees, gardens, etc.) which you may desire to protect. 4. You will allow my client's agents to enter the property at 58 Calves Pasture Lane at their own risk at reasonable times to perform all actions necessary to connect the property to public water. If you do not respond to me prior to the hearing on this matter on July 9, 2002, 1 will represent to the Board of Health that: (i) I sent this letter; (ii) you did not respond to my clients' offer; and (iii) on that basis I understand that you do not desire to be connected to public water. If you have any questions, please feel free to contact me. Very truly yours, A/ Paul Revere, III cc: Laurie Warren Christopher Kuhn Barnstable Board of Health David Houghton, Esq. , 2 2801 Girard Ave . Evanston, IL 60201 (847) 869-0133 5 July 2002 Susan G. Rask, R. S . , Chairperson, Town of Barnstable Board of Health 200 Main Street Hyannis . MA 02601 Re : Lot 39 Calves Pasture Lane, Barnstable Dear Ms . Rask, My wife and I are owners of the two lots at 54 Shepherds Way (to the southwest and south of Ted Theodores' s property) , which my parents, Charles Lee and Louise Austin purchased some 50 years ago. We write to you since we are unfortunately unable to attend the July 9 Board of Health meeting concerning these variance requests . As information in your file on this subject demonstrates, the need to protect the wetlands on this property is only magnified by the proximity of the shore and marshes . These circumstances -- against the backdrop of almost daily reports concerning the environment' s vulnerability to old and newly discovered dangers -- make enforcement of basic, well established regulations more necessary than ever. We join our neighbors in respectfully requesting the Board of Health to deny the variances requested for this property. Sincerely, Joh B. Au tin Christine FtoUla copies to Ted Theodores Charles M. Sabatt aNa aC)oa Ta�tvn &tA4,1 srn//e�/�oancB a� ,5lzap Y$, NSA- .udt4-oA.oi A U PO k,i4 �� a-Ae�,t- Sto �ua �,,s°saz Ted Theodores 50 Shepherds Way Barnstable, MA 02630 June 27, 2002 re: Lot 39 Calves Pasture Lane, Barnstable Susan G. Rask, R.S. , Chairperson, Town of Barnstable Board of Health 200 Main Street Hyannis, MA 02601 Dear Ms. Rask, The abutters to Lot 39, Calves Pasture Lane, Barnstable, have received notice that multiple variances are once again being requested for installation of a septic system, and that the request will be reviewed at a meeting on Tuesday July 9. Your lengthy file on this highly controversial property contains a petition submitted to all involved Town Boards and Commissions last year (copy enclosed) . For the many reasons cited in the document, the more-than-one- hundred Petitioners wish to re-affirm their most fervent opposition to the granting of variances at this sensitive Barnstable Harbor waterfront property. We believe that deviations from the Board of Health's mandate of June 7, 1989 regarding this property, and the Town' s Environmental Regulations, would establish a very unfortunate precedent. We want to urge the Board of Health to remain firm in its 1989 position .and issue a prompt and unequivocal denial of the variances being requested. Sincerely, 1 CC: Charles M. Sabatt, Attorney <ttheodores@attbi.com> Phone & Fax 508 . 362 . 3553 tel.(508)362-4541 939 main street rt 6a fax(508)362 9880 yarmouth port mass 02675 do wn Cap a eng//l ee-/ng civil engineers& land surveyors structural design Arne H.Ojala P.E., P.L.S. Daniel A.Ojala. P.L.S. land court June 21, 2002 Timothy H.Covell, P.L.S. surveys Dear Abuttor: site planning I am writing to inform you of our request for variances from the local Board of Health Regulations in regards to a new septic system which will be installed at Lot 39, Calves sewage system Pasture Lane, Barnstable. The following variances are requested: designs Town of Barnstable Regulation: Part VIII, Section 1: Town of Barnstable 100' irspecticns Regulation: Proposed primary leaching facility to be 77' from the edge of bordering vegetated permits wetland (watercourse); 23' variance requested Proposed reserve leaching facility to be 54' from the edge of bordering vegetated wetland (watercourse); 46' variance requested Part XI, Section IH(12): Proposed primary leaching facility (and reserve) to be 100' to existing well(50' variance requested) The Board of Health meeting will be held on Tuesday, July 9, 2002 at 7:00 pm at the School Administration Building (behind the Hyannis Post Office), in.the conference room. It is suggested to confirm date and time with the Health Department. This letter is to serve as an official notification to abuttors. Sincerely yours, Q Sarah B. Ojala Down Cape Engineering, Inc. cc: Board of Health s PETITION The undersigned residents of Scudder Lane,Calves.Pasture Lane,and Shepherds Way, Barnstable,Massachusetts,'and other wterested parties,hereby petition'the Town of Barnstable Conservation;Commission to deny an Order:of Condit►ons related to the applications ofl u: A.Warren and Christopher P Kul n,for the .:proposed construction of two single family houses,hay..ing eptic aysteffis that would require substantial wetland setback variances,along with other site modifications at Lots 38 and 39 Calves Pasture Lane,Barnstable,MA(Assessor's.lVlap 259)9 DEP' "File,Numbers.SEX3714:and SE3 3715 It is'.undersiood:that the Conservation Commission will conduct its"second Public Hearing on:this matter.on October 24,2000 "The petitioners cite the.following criteria,among others,for'these requested actions -' L That the Sandy Neck and Barnstable Harbor.ecosystems are extremely fragile and already.indicate signs of`_sufferfng damage from_septic pollutants and..bacteria 2 That these important ecosystems support other manse wddhfe and aquatic ' systems far;beyond the Barnstable region int).Cape Cod Bay. 3.°, That.the predominant soil type in,this area �s clay,and therefore not opfimal or dependable for leaching and drainage 4..;That the establishment of stringent septic.system regulations by the Town,of Barnstable many-years ago recognized the critical nature o .the wetlands 'Within the Town.'s borders and clearly stated the Town's intention to protect them. S. TharBarnstable.:Harbor serves many residents;and non residents` a superb an pristine area formany outdoor re6vittional activities such as swimming,`boating,fishing and shell fishing,and must be preserved as such. . 6. That,Barnstable Harbor' provides many individuals:and families with income: from.commercial fishing,shell fishing and boating activities;and also must :- be'preserved as such. 7. , That the'approval of any wetland..setback variances,and especially of the magnitude-requested by:the above applicants,'would-constitute an unfortunate and potentially dangerous precedent. 8. Throng . the lengthy,history,of this property,the petitioners have relied upon the Board of'Health's.letter of_June;7, 1989 which outlines specific restrictions regarding these two lots and,among other thwgs,states, variances from Title 5' Minimum"Requirement for the Subsurfacef Disposal „ . bf.Sanitary:Sewage or the Town of Barnstable health Regulations,whichever is more strin "en will'not be g t, granted on any lot in this subdivision... i CALVES PASTURE LANE-BACKGROUND AND CURRENT SITUATION { The two subject lots on Calves Pasture Lane,which adjoin the salt marsh and contain wetland and watercourses,are part of a Definitive Subdivision Plan Bled by Harry&Susan Jason,dated January 31, 1989. The subdivision plan was reviewed and approved by the Barnstable Planing Board and Board of Health with:certain recommendations and conditions in July of 1989. On June 7, 1989,the Board of Health recommended,among other items: I"...the developer must provide public water to each 2".-the developer shall have recorded on the deed that:variances from Title 5...or Town of Barnstable Health Regulations whichever is-more stringent,will,not be granted on any lot..." 3",--Ow applicant must receive an Order of Conditions fxmn the Conservation Commission..." 4"...each sewage disposal leaching facility be low most distant from walanGds to reduce eub,pphication caused by phosphorous and other nutrients. On July 11, 1989,the Plann Boars}approved the subdivision plan subject to,"...all the requirements of the Board of Health...",among other specific conditions. On December 14, 1999 the applicants rquested septic sy n setback variances from local Board of Health Regulations. The requested variances are in excess of 30 feet thereby locating the system apprmumately 60 feet from leaching facilities to bordering vegetated wetland(100 feet is required by the Regulations). The applicants also intend to install private well water systems. The property was foreclosed is a mortgage default and sofd at auction on August 9;2000. Terms of the We were$20,000 cash plus assumption of unpaid taxers and other liens. A Public Hearing was held by the Conservatim Commission on August 23,2000 to review the applicants'request for an Order of Conditions. The applicants'attorney stated that they felt the Board of Health has already granted the permits through a default of their denial notice;aad that an appeal has been filed m Superior Court. The Conservation Commission agreed to a oontinum=until October 24,2000,at which tame the applicant will be given the opportunity to demonstrate that the proposed septic systems would function properly with the variances. At the hearing,the applicants also indicated a need to"...extend culverts carrying ranoff under Calves Pasture Law..."which in the opinion of the Commission,would require the filling of watercourses,an act not allowed under Title 5. Attorney Charles M. Sabah represents a group of concerned neighbors and has communicated directly with appropriate town authorities and presented the group's position at public iearsdgs. Tie neighborbood group feels that,since there is the potential for significant damage to Barnstable Harbor water quality,the issue should involve a broader segment of the comn unity, The group therefore suggests that interested parties sign the accont sanvinag Petition,attend ft Conservation Commission Public Hearing at 6:30PM ork 24,200 voice opposition to the grating of septic system variances on Barnstable's orft. SICA A Al g 1 2 I 3 ^ cA 4 (� S h n�/, 7 - AJLWAilt j 1Z V 14 / T 15 96 s - r 16 Jr� �� e 17 n A/Gu n 18 21 Bb 23 aVV ILS ' 6 Qo/ Scccdd 24 J' � 25 .9 S �5 vus c.s 27 28 oS' u ��r f' 29iJ 30 31 32 r r 33/ / S .34 0 35 2J � C cI63� S 37 d G E LEST& kKES irL rz k)\F}� 3 39ONt azH, 1" y 40 41 42 a 43 :5G f 45 ol LS M�k ST °mil o �1 CsIJ,�7U� frDtD12-�s� 46 S n 4� '> 48 . / I 49 50 51 52 53 54 �� '± Q 55jA�ZG v�17 56 , 5 58 - ` 1 � r 61 -�7�-► (� s Garou/o rrl 4IV ; 62 g �s � Mtv G2630 65 &M7Z4M 66 �1.Ga A 67 �e�� " 68 Cam' v/S t 64 _.: y� ,Wowuaf J 70 Paax1&44ef AD e6ll luf 71 111n,"fit 72 ✓c� 73 37 bMtl r 74 75 �� POPPY 6two ?6 i 77 -r- I 7 80 Wcx s 82 GAD Ct1211a f 8394 11 L_ '4 oJOO 85 I V I L LA AlF /7 A 87 6. l- 88 u orbs N�cE� ill OvTo4liu- A'Ia 8s 90 �c,�yl`h actin y SyJ�l�d1s r bcr�ian Q`*r�'S J SIGNATURE ADDRESS 91 9293 r r 94 96 97 IP/ Al -/� 98 (.c r C Q ODD z6�2 99 100 A 1 6�2G a 102 �!�RO AD (�Q r-4 r%qA 1 o !o7 log , !v9 �. 07/09/2002 17:12 FAX 508 778 2412 REGULATORY SERVICES Q001 ERROR TX REPORT x� * skskmsx����c�:xx��:�ksk�:�c�x�k�c�c:ksk:k*:ksk�c TX FUNCTION WAS NOT COMPLETED TX/RX NO 0028 CONNECTION TEL 4724 SUBADDRESS CONNECTION ID ST. TIME 07/09 17:12 USAGE T 00,00 PGS. SENT 0 RESULT NG #018, BUSY/NO SIGNAL tel.(5083�2-4541 939 main street rt 6a fax(508)362-9880 yarmouth port A mass 02675 down cage e1wheie fine 4 Civil engineers& land surveyors �I structural design Arne N.Ojala P.E., P,l._S. Daniel A.Ojala.P.L.S. and court lone 20, 2002 Timothy H.Covell, P4-S. :urveYs Barnstable Board of Health >ite planning 367 Main Street Hyannis, MA 02601 sewage System Re:aLot 39 Calves Pasture Lpe, Barnstable Village designs Dear Board Members: inspections On behalf of our client, we are hereby requesting variances under Town of Barnstable Health Regulation Part VIH, Section 1.00 and Part Xl, Section M(12). Specifically, permits the variances are as follows: Part VH1, Section 1.00: 1. Proposed primary leaching facility to be 77' from the edge of a bordering vegetated wetland (23' variance requested) 2. Proposed reserve leaching facility to be 54' from the edge of a bordering vegetated wetland (46' variance requested) Part XH, Section M(12): 3. Proposed primary leaching facility (and reserve)to be. 100' to existing well (50, variance requested) The resource area delineations shown on the plan have been confirmed by the Conservation Commission under filing SE3-3494. These resource areas include bordering vegetated wetland, intermittent stream, salt marsh, coastal bank,land under waterways, and land subject to coastal storm flowage. 0 ro F F 1, C I A Postage $ .3. / ru 4 Certified Fee m , Return Receipt Fee S� ostmark 0 (Endorsement Required) /' v �6._ Here M f' O Restricted Delivery Fee C3 (Endorsement Required) C3 Total Postage&Fees $ ..0 Sent TO ANOQFlv4- KAP'4A'eIAJ rCi Stre ,Apt.No.; QGj/ nO or PO Box No. - -------- - --- City,State,ZIP+4 N ,Qo sTi,.Y A0 Certified Mail Provides: a A mailing receipt a A unique Identifier for your mailpiece . 1v a A signature upon delivery a A record of delivery kept by the-Postal Service ' o yeah k Important Reminders., �p a Certified Mail may ONLY be combined with Firs,lass Mail ortity Mail. a Certified Mail is not available for any class of intetnational mail. a NO INSURANCE COVERAGE IS PROVIDED wl "Certified, all. For valuables,please consider Insured or Registered Ma. a For an additional fee,a Return Receiptm , Mvi may b�'� p of of delivery.To obtain Retum Receipt service,pi mp e d attach° Receipt(PS Form 3811)to the article and add " livable age to the fee.Endorse mailpiece"Return Receipt Requ ".To a fee waiv r for a duplicate return receipt,a USPS postmark off` our Certi all receipt is required. j t r.�t a For an additional fee, delivery may be restribted.to th addressee or addressee's authorized agent.Advise the clerk or mafk the mailpiece with the endorsement"Restricted Delivery'. a If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,'Jar6lj 2001 (Reverse) 102595-M-02-0451 �„ • 2 ryy��..�,,.� ,!'y*,3C f i k.���y I'si i. t .q�•,rs m/ 4 Postage $ ., rl1 � Certified Fee re Return Receipt Fee .4� (End `, ��(/ orsement Required) �}__ po Restricted Delivery Fee Q� E3 (Endorsement Required) 1! a� O Total Postage&Fees $ = Sent To J O 3 N"H G. Gs,t�✓ Street,Apt.No.;ru a .,. »................»........ O or PO Box No. 130X- aS 7 . . ... .. ......»......_.-......»...» ..,............^.............».... O City,Statg AIP+4 /}ClcsOw1// Liz 3aa3/ ocx� Certified Mail Provides: a A mailing receipt o A unique identifier for your mailpiece a A signature upon delivery a A record of delivery kept by the.Postal Service for two years important Reminders: o Certified Mail may ONLY be combined with First-Class Mail or Priority,Mail. o Certified MaHis not available for any class of intemationa ail ` .0 a NO INSURANCE COVERAGE IS PROVIDED with ified Ma11.1 For valuables,please consider Insured or Registered Mail. L7t� v o For an additional fee,a Return Receipt may be requested toipfavide proof of delivery.To obtain Return Receipt service,please complete and ch a Return Receipt(PS Form 3811)to the article and add applicable posts " cover the fee.Endorse mailpiece"Return Receipt Requested°.To receive a waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. a For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mallplece with the endorsement"Restricted Delivery". a If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail ( receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an Inquiry. PS Form MOD:jan4y 2001 (Reverse) 102595-M-02.0451 •• � i�l O F I C I A U S E" Postage $ �j MA r ru r` Certified Fee m Retum Receipt Fee �, _v ( �� .I (Endorsement Required) O Restricted Delivery Fee O (Endorsement Required)C3 Total Postage&Fees $ Sent To ru Street Apt.No.; or PO Box No. �, _4c//l V - --- --- .............. � Ctty,State,Z/P+4 �A ��G Certified Mail Provides: a A mailing receipt m A unique identifier for your mail piece n A signature upon delivery a A record of delivery kept by the Postal Service for two years Important Reminders: o Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. o Certified Mail is not available for any class of international mail. ��fii4 o NO INSURANCE COVERAGE IS PROVIDED with. Certified Mail:For valuables,please consider Insured or Registered Mail.r�. o For an additional fee,a Return Receipt may be requested'to provide proof of delivery.To obtain Return Receipt service,please complete and attach_a Return Receipt(PS Form 3811)to the article and add applicable postage>tq cover the fee.Endorse mailpiece"Return Receipt Request'' ly Tn receive a fee waiver for a duplicate return receipt,a USPS postmark on 'Certified Mail receipt is. required. a o For an additional fee, delivery may be restricted to tiie-addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ©If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT.Save this receipt and present it when making an inquiry. PS Form 3800,Janu ry 2001 (Reverse) 102595-M-02-0451 evesPas-hwre, Abutters to Map 259, Parcel 1-3. 2 Andrew and Katharine Keck, c/o Hemenway and Barnes - Attn: G. Sh, 60 State Street, Boston, A 02109-1800 �M 4 Joshua C. Chase Barnett Banks Tr: Co. NA, P.O. Box 2507, Jacksonville,FL 32231-0016 1-2 Laurie Warren, 67 School St., Box 960, Hyannis,MA 02601 � 41 �/ 1-1 Anthony J. and Frances Cirrito, c/o Frances Cirrito, 11 Shepherds Way, Barnstable 02630 P. tel.(508)362-4541 939 main street rt 6a fax(508)362-9880 yarmouth port mass02675 down cape engineering civil engineers& land surveyors structural design Arne H.Ojala P.E., P.L.S. Daniel A.Cjala, P.L.S. land court June 21, 2002 Timothy H.Covell, P.L.S. surveys Dear Abuttor: site planning I am writing to inform you of our request for variances from the local Board of Health Regulations in regards to a new septic system which will be installed at Lot 39, Calves sewage system Pasture Lane, Barnstable. The following variances are requested: designs Town of Barnstable Regulation: Part VIII, Section 1: Town of Barnstable 100' inspections Regulation: Proposed primary leaching facility to be 77' from the edge of bordering vegetated permits wetland (watercourse); 23' variance requested Proposed reserve leaching facility to be 54' from the edge of bordering vegetated wetland (watercourse); 46' variance requested Part XII, Section III(12): Proposed primary leaching facility(and reserve) to be 100' to existing well(50' variance requested) The Board of Health meeting will be held on Tuesday, July 9, 2002 at 7:00 pm at the School Administration Building (behind the Hyannis Post Office), in the conference room. It is suggested to confirm date and time with the Health Department. This letter is to serve as an official notification to abuttors. Sincerely yours, Sarah B. Ojala Down Cape Engineering, Inc. cc: Board of Health Lok 39,G LIQes P 5� . a Abutters to Map 259, Parcel 1-3 2 Andrew and Katharine Keck, c/o Hemenway and Barnes- Attn: G. Sh, 60 State Street, Boston, MA 02109-1800 4 Joshua C. Chase,Barnett Banks Tr. Co. NA,P.O. Box 2507, Jacksonville, FL 32231-0016 1-2 Laurie Warren, 67 School St., Box 960,Hyannis, MA 02601 1-1 Anthony J. and Frances Cirrito, c/o Frances Cirrito, 11 Shepherds Way,Barnstable 02630 • 1 `,N V `i 6.77 uouMp .K MAaiH I.00�- ►� s ?oo 16 J ` \ i \ y�lutV 1 � � rr 404 l.C.to�so4 y \� s' lie, t,G tea'! A 1 ® O \9t n s 7.2 \ 2 s 6.of•2unuwo • 2.�1•s wsasw i.113AC•i �.40 AG•S TOTAL � u •xr-s — r` ) c t jc a • � a ZAp 4 s QED j _ � •42 wPQA~� 5 � 6 SM, R3N gO.G-S I.►2 AC-S t.eEAC_5T T 7r o, 1.0(e �i4 �•til MARSH 'V .4 Ud 2.S2 uFuwo I( y 47 wFr - 1� 1 i3 -5 M:answ a`�J.. i�o Z i I.00i,t -- 4.12 AC TOTAL �t�l / 0 ' � e 1.44 �i F� ��CT10M OF sl (1 f®AftlISTABLE BOAR0 C4r AgSESSOR �� 0 l AVIS AlRfAA? INC. U"SACWJS,E*TR MWWCTI0JT ,L CG I UQ S Past v re, bak n sta,btp- Town of Barnstable 1HE Board of Health BARNSTASLE, P.O.Box 534,Hyannis MA 02601 y MASS. i639• �0 Agreement to Extend Time Limit for Acting Upon a Variance Request I 2 In the Matter of a variance request form received on v , the Petitioner(s), regarding the property at the petitioner(s) and the Board of Health agree that the Board of Health has until / :2 (insert date)to act upon the Petitioners'completed application for a variance. In executing this Agreement, the Petitioner(s) hereto specifically waive any claim for a constructive grant of relief based upon time limits applicable prior to the execution of this Agreement. PetitionerOf✓• Board of Health: Signature: / Signature: Petitioner(s)or Petitioner'sRepresentattiiveeChairman Print: ::9N c-�(�y � y Print: Susan G. Rask, R.S. Date: 2000 Date: 2000 Address of Petitioner(s)or Petitioner's Representative Town of Barnstable Board of Health Town Hall Public Health Division Office 367 Main Street, Hyannis, MA 02601 Phone(508)862-4644 Fax(508)790-6304 file q:extend.doc tel.(508)1362 4541 939 main street rt 6a fax(508)362-9880 yarmouth port mass02675 down cape engineering civil engineers& land surveyors structural design Arne H.Ojala P.E., P.L.S. Daniel A.Ojala,P.L.S. land court June 20, 2002 Timothy H.Covell,P.L.S. surveys Barnstable Board of Health site planning 367 Main Street Hyannis, MA 02601 sewage system Re: Lot 39 Calves Pasture Lane, Barnstable Village designs Dear Board Members: inspections On behalf of our client, we are hereby requesting variances under Town of Barnstable Health Regulation Part VIR, Section 1.00 and Part XII, Section III(12). Specifically, permits the variances are as follows- Part VIII, Section 1.00- 1. Proposed primary leaching facility to be 77' from the edge of a bordering vegetated wetland (23' variance requested) 2. Proposed reserve leaching facility to be 54' from the edge of a bordering vegetated wetland (46' variance requested) Part XII, Section III(12): 3. Proposed primary leaching facility (and reserve)to be 100' to existing well (50' variance requested) The resource area delineations shown on the plan have been confirmed by the Conservation Commission under filing SE3-3494. These resource areas include bordering vegetated wetland, intermittent stream, salt marsh, coastal bank, land under waterways, and land subject to coastal storm flowage. According to a report submitted by ENSR to the Conservation Commission as part of the resource area delineation filing, surface waters originating from a swamp to the northeast of Lot 38 flow intermittently via three culverts under Calves Pasture Lane during storm events. The water is discharged onto Lot 39 and the abutting Lot 38. Test holes performed over previous years in various areas of the lot have indicated the presence of silt loam and sandy loam soils to depths of as much as 14.5'. Due to the impervious nature of the soils present and the fact that there are no man-made drainage structures on Lot 39, the surface waters originating from the swamp to the northeast are not able to percolate downward on Lot 39 (i.e. it is perched water) and, therefore, the surface waters are not hydraulically connected to groundwater on the lot. The discharge point for these surface waters is the salt marsh to the south of Lot 38 and Lot 39. It is our belief that the subsurface discharge will travel in excess of 100 feet before the possibility of contact with wetland can occur;therefore, the septic system is effectively greater than 100' to the wetlands. The closest point of the primary leaching facility to This perched wetland community is 77'. The base of the primary leaching facility is 15' above the true groundwater level (here, elevation 6.3'). The reserve area is shown and the setback variances formally requested as required; however, in reality, should the primary system fail, it is to be replaced in its entirety with all contaminated soils removed for 5' around the facility. There is no other location on the property where a sewerage disposal system could be located that has a greater setback from adjacent wetlands or the abutting/proposed well. In sum, enforcement of full compliance with local setback requirements would be "manifestly unjust" considering that the system is at least as environmentally protective as a system which meets the setback requirements. The DeFeo and Waite study performed as a precursor to the Title 5 `95 regulation changes indicated that the critical "treatment" area for the effluent is at the immediate base of the leaching facility - and that requiring 5' groundwater separation is more effective than maintaining the required [Title 5] setback to wetland areas. I look forward to meeting with the Board to discuss the proposed plan. Very truly yours, Arne H. Ojala, PE, PLS Down Cape Engineering, Inc. r 7une.20, 2002 To Whom it May Concern: I hereby authorize Down Cape Engineering,:Inc. to represent me at the upcoming Board of Health meeting regarding Lot 39 Calves Pasture Road, Barnstable. KILROY 8& WARREN, P.C. ATTORNEYS AT LAW 67 SCHOOL STREET BERNARD T. KILROY P.O. BOX 960 BANKRUPTCY COUNSEL LAURIE A. WARREN HYANNIS, MASSACHUSETTS 02601-0960 WILLIAM G. BILLINGHAM TELEPHONE (508) 771-6900 TELEFAX (508) 775-7526. January 4 , 2000 Board of Water Commissioners Barnstable Fire District Hyannis Road Barnstable, MA 02630 IN RE : PROPERTY ON CALVES PASTURE LANE BARNSTABLE MA 02630 BARNSTABLE ASSESSORS MAP 259/1-2 Dear Commissioners : You will recall that we appeared before you in your November, 1999 Board Meeting to discuss the possibility of tieing the above property into the main now located in Scudder Lane as required by the Board of Health. You indicated to us that because of the, current condition of the water line, no additional connections would be allowed at this time . You further indicated that it would be the District' s obligation to upgrade the water line in Scudder Lane and that the owners of the property on Calves Pasture Lane as private citizens would not have any right to upgrade the line in Scudder Lane . As you know, we are attempting to obtain a septic system permit from the Board of Health which was previously indicated that the Board would require a hook-up to the town water before it would issue a septic system permit . Apparently, the Board was under the .impression as was the Planning Board, that town water was available by hook-up to .the line in Scudder Lane. The Barnstable Board of Health has requested that we obtain a written statement from you to the effect that the District will not allow the property to tie into the Scudder Lane main. A Board of Water Commissioners Barnstable Fire District Page 2 . January 4 , 2000 If the above statements are accurate,, I_ would appreciate it if you would sign a copy of this letter indicating that this letter accurately represents the current position of the District so that we may file the letter with the Board of Health. Very truly yours, CHRISTOPHER P . KUHN and LAURIE A. ARREN, By gernard 'T. Itilroy, their Attorney BTK: jz Enclosures k:\realest\kuhn\commiss-oner EXHIBIT ONE Test holes performed over previous years in various areas,of the lot have indicated the presence of silt loam and sandy loam soils to depths of as much as 14.5'. Due to the impervious nature of the soils present and xhe fact that there are no man-made drainage structures on Lot 39,the surface waters originating from the swamp to the northeast are not able to percolate downward on Lot 39 (i.e. it is perched water) and,therefore, the surface waters are not hydraulically connected to groundwater on the lot. The discharge point for these surface waters'is the salt marsh to the south of Lot 38 and Lot 39. It is our belief that the subsurface discharge will travel in excess of 100 feet before the possibility of contact with wetland can occur;therefore, the septic system is effectively greater than 100' to the wetlands. The closest point of the primary leaching facility to this perched wetland community is 75'. The base of the primary leaching facility is 15' above the true groundwater level (here, elevation 6.3'). The reserve area is shown and the setback variances formally requested as required; however, in reality, should the primary system fail, it is to be replaced in its entirety with all contaminated soils removed for 5' around the facility. There is no other location on the property where a sewerage disposal system could be located that has a greater setback from adjacent wetlands or the abutting/proposed well. Town water is not available to this lot, as per Town of Barnstable Water Department. We meet the Title 5 well/septic setback requirement. In sum, enforcement of full compliance with local setback requirements would be "manifestly unjust" considering that the system is at least as environmentally protective as a system which meets the setback requirements. The DeFeo and Waite study performed as a precursor to th Title 5 `95 regulation changes indicated that the critical "treatment" area for the effluent is at the immediate base of the leaching facility- and that requiring 5' groundwater separation is more effective than maintaining the required [Title 5] setback to wetland areas. I look forward to meeting with the Board to discuss the proposed plan. Very truly yours, .. A Arne H. Ojala,PE, PLS Down Cape Engineering, Inc. tel.(508)362-4541 •939 main street rt 6a fax(508)362-9880 yarmouth port mass 02675 d0WII cape engineering civil engineers& land surveyors structural design Arne H.Ojala RE:, P.L.S. Timothy H.Covell,P.L.S. land court December 28, 1999 Daniel A.Ojala,P.L.S. surveys Barnstable Board of Health site planning 367 Main Street Hyannis,MA 02601 , sewage system Re: Lot 39 Calves Pasture Lane, Barnstable Village designs Dear Board Members: inspections On behalf of our client, we are hereby requesting variances under Town of Barnstable permits Health Regulation Part VIII, Section 1.00 and Part XII, Section III(12). Specifically, the variances are as follows: Part VIE[, Section 1.00: 1. Proposed primary leaching facility to be 75' from the edge of a bordering vegetated wetland (25' variance requested); septic tank to be 83' to the edge of wetland (17' variance) 2. Proposed reserve leaching facility to be 51' from the edge of a bordering vegetated wetland (49' variance requested) Part XII, Section III(12): 3. Proposed primary leaching facility to be 100' to existing well (50' variance requested);proposed reserve to be 120' to existing well (30' variance) 4. Proposed well to be 106' to proposed primary leaching facility and 101' to reserve (44' and 49' variances respectively) The resource area delineations shown on the plan have been confirmed by the Conservation Commission under filing SE3-3494. These resource areas include bordering vegetated wetland, intermittent stream, salt marsh, coastal bank, land under waterways, and land subject to coastal storm flowage. According to a report submitted by ENSR to the Conservation Commission as part of the resource area delineation filing, surface waters originating from a swamp to the northeast of Lot 38 flow intermittently Via three culverts under Calves Pasture Lane during storm events. The water is discharged onto Lot 3 9 and the abutting Lot 3 8. EXHIBIT TWO i No._ Fee THE COMMONWEALTH OF MASSACHUSETTS PUBLIC HEALTH DIVISION - TOWN OF BARNSTABLE} MASSACHUSETTS Application for igpDgatpgtem CDttgtrUctiOnermitn rc 19gg :: Application is hereby made for a Permit to Construct(k)or Repair( )an On-site Sewage Disposal S�stem at: TOW'oF}�gR„_ s Sr!}lLE:� Location Address or Lot No. t-OT" `6 Owner's Name,Address and Tel.No. r` Ge�t��1e- eA-- "e?-ft �L-1 Installer's Name,Address,and Tel.No. Designer's Name,Address and Tel.No. IE-�C--1" Type of Building: -3 Dwelling No. of Bedrooms Garbage Grinder( ) Other Type of Building No. of Persons Showers ( ) Cafeteria( ) Other Fixtures Design Flow gallons per day. Calculated daily flow 2 ,3 gallons. Plan Date 1 7- - 7-'l 1"I Number of sheets I Revision Date N Title f S �_ P+-/�-cy Description of Soil �7`CC. OL -P Nature of Repairs or Alterations(Answer when applicable) Date last inspected: Agreement: The undersigned agrees to ensure the construction and maintenance of the afore described on-site sewage disposal system in accordance with the provisions of Title 5 of the Environmental Code and not to place the system in operation until a Certifi- cate of Compliance has been issued by this Board of Health. Signed Date Application Approved by Application Disapproved for the following reasons Permit No. Date.issued THE COMMONWEALTH OF MASSACHUSETTS PUBLIC HEALTH DIVISION - BARNSTABLE, MASSACHUSETTS Certificate Of C Ompiiance THIS IS TO CERTIFY,that the'On-site Sewage Disposal System installed( )or repaired/replaced( )on by for as has been constructed in accordance with the provisions of Title 5 and the for Disposal System Construction Permit No. dated Use of.this'system is conditioned on compliance with the provisions set forth-below: ------------------------------------ No• Fee THE COMMONWEALTH OF MASSACHUSETTS PUBLIC HEALTH DIVISION - BARNSTABLE, MASSACHUSETTS Dioogar *pgtem Cow6tructiun Permit Permission is hereby granted to to construct( )repair( )an On-site Sewage System located at - and as described in the above Application for Disposal System Construction Permit.The applicant recognizes his/her duty to comply with Title 5 and the following local provisions or special conditions. All construction must be completed within two years of the date below. Date: Approved by a, i ita 9F nn 939 main street rt 6a yarmouth port mass 02675 = � d®Wn Cape eftl ftet�?Aft�' R civil engineers& land surveyorsa structural design FIN land court December 28, 1999 surveys BarnstableBoard :R of Health '� � � 367 Main Street r rah site planning Hyannis MA 02601 �ti sewage system Re: Lot 39 Calves Pasture Lane, Barnstable Village designs Dear Board Members: inspections On behalf of our client, we are hereby requesting variances under Town of Barnstable Health Regulation Part VIII, Section 1.00 and Part MI, Section III(12). Specifically, permits the variances are as follows: Part VIII, Section 1.00: 1. Proposed primary leaching facility to be 75' from the edge of a bordering vegetated wetland (25' variance requested), septic tank to be 83' to the edge of wetland (17' variance) 2. Proposed reserve leaching facility to be 51' from the edge of a bordering vegetated wetland (49' variance requested) Part XIl, Section III(12): 3. Proposed primary leaching facility to be 100' to existing well (50' variance requested); proposed reserve to be 120' to existing well (30' variance) 4. Proposed well to be 106' to proposed primary leaching facility and 101' to reserve (44' and 49' variances respectively) The resource area delineations shown on the plan have been confirmed by the Conservation Commission under filing SE3-3494. These resource areas include bordering vegetated wetland, intermittent stream, salt marsh, coastal bank, land under waterways, and land subject to coastal storm flowage. According to a report submitted by ENSR to the Conservation Commission as part of the resource area delineation filing, surface waters originating from a swamp to the northeast of Lot 38 flow intermittently via three culverts under Calves Pasture Lane during storm events. The water is discharged onto Lot 39 and the abutting Lot 38. Test holes performed over previous ears in various areas of the lot have indicated the P P Y presence of silt loam aitd sandy loam soils to depths of as much as 14.5'. Due to the impervious nature of the soils present and the fact that there are no man-made drainage structures on Lot 39,the surface waters originating from the swamp to the northeast are not able to percolate downward on Lot 39 (i.e. it is perched water) and, therefore, the surface waters are not hydraulically connected to groundwater on the lot. The discharge point for these surface waters is the salt marsh to the south of Lot 3 8 and Lot 39. It is our belief that the subsurface discharge will travel in excess of 100 feet before the possibility of contact with wetland can occur;therefore,the septic system is effectively greater than 100' to the wetlands. The closest point of the primary leaching facility to this perched wetland community is 75'. The base of the primary leaching facility is 15' above the true groundwater level (here, elevation 6.3'). The reserve area is shown and the setback variances formally requested as required; however, in reality, should the primary system fail, it is to be replaced in its entirety with all contaminated soils removed for 5' around the facility. There is no other location on the property where a sewerage disposal system could be located that has a greater setback from adjacent wetlands or the abutting/proposed well. Town water is not available to this lot, as per Town of Barnstable Water Department. We meet the Title 5 well/septic setback requirement. In sum, enforcement of full compliance with local setback requirements would be "manifestly unjust" considering that the system is at least as environmentally protective as a system which meets the setback requirements. The DeFeo and Waite study performed as a precursor to th Title 5 `95 regulation changes indicated that the critical "treatment" area for the effluent is at the immediate base of the leaching facility - and that requiring 5' groundwater separation is more effective than maintaining the required [Title 5] setback to wetland areas. I look forward to meeting with the Board to discuss the proposed plan. Very truly yours, Arne H. Ojala, PE, PLS Down Cape Engineering, Inc. 1 j; Lua 1roLL0�1100 61138nN0118LY11 •�1 .,�?A1 ' 8 T a 'ONI dVAHIV SIAd .z HO88388V 110 0NVUY 312VISNWVG `J• _ j i 3H 1 A0 NO1103Yp1 d38d�•�• _>T # . if j� it _ TIOYI 1 Ty MCUGH S-fL•I '„. I 1 I: Ll O,K1rn 25pr '2 i • \ HCt yO�•)l ' I if y s I ��� s-ovx•. ,v1o1 c-•rrob.9 j rsuvla s• 2 I`` a a I TObI'I �iM 2-L ® 1 - ,riol S-�tl14'9 �� �{irGFl�-oo•I nsuv\a 4�• :�,: I awvwt � - L: I Nov-25-9t3 09 : 50 BARNSTABLF_ HEALTH DEPT 5087906304 P . 01 �i'a za�a C tS a A75 HASB g.11 ni7n f W n of Ba nIM' e �..,... — DATE " ! "Board of Healthi '116. Nlain Street. Hyannis VIr!0 b01 Offtcr 5CS-790-6:6: Susan U.Rm< .R.S. FAX: ;JS•%?fr-b;Js / 5unrer Kaufman.hi.S P�i. P.aipt A.Murphy,M.D. VARIANCE REQUEST FORM �. LOCATION F:oper-t Address: T �J� LA 1-Vim. S I7A',T-.li2-6 L-14 Assessor's %lap and Parcel Number: -S Size of Lot: Ceo Wetlands `.Within 300 Ft. Yes k Subdivision Name: No Business"came- APPLICANT CONTACT PERSON Name. G N 2!SrvT Name: _ 1>17-P-4 G?� O7116- � Address: �3� tk'-t�.l�E �`��, M. ( it,v�i Address: v Si 67 Phone: Phone: FAX: FAY: 3��•- �S�a V'.ARIA-NCE FROM REGULATION Cisi Reg) REASON FOR VARIANCE;(Stay ctsch if more-,pwe ic.dcd).. t?o�T Vill �7- Xll �[rTlcrni/� l2 -- t !w Al'rr to 5���:ump.'ste15} 47ce srcri-person rcc?:tiing vrriance regrresr apglic•ar:onr I_ Four(4)copies of plan<-ubmitted{inc'udine septic system plans andr'orrestaurant floor plans) I Applicant ur.derstaids that rha abuners must be novilfied by certified mail at least ten L-ys prior tc m:ctinz I date a:app'icanc s exp:nsc(for T:t!c V aad:'or local sewage regulation"ariar:ces only) Full menu submined;,for grease crap va-iances or.k') _ Variance request app!icauor.ree collected,,%r_.ro-k(ey urn.ncdfiauoc rrna•il.yra evo vanan erc�i rirc .rac(ace oc.]aral:I o.n•nq—uaae rerr+'%b tsvra r::oc:"nice nA;+;,Lx•soar+:o reair fail<E te+••;e a—.3,rorn t=nh d+r�p••nw m toe`a.u.kv;:rcp�edj) � I Variance request submitted:tt!east !5 days prior to meeting date \'A R!AN*—'z APPROVED i Susan G. <Zask,R.S.,Chairman `OT.APPROVED _--- Sumner Kauf(r.an,M.S.P.H. REASON FCR D'.SA?PRCVAL- Raiph A.Murphy-M.D. Nov-25-98 09 : 50 BARNSTABLF_ HEALTH DEPT 5087906304 P. 01 r njo n�r 7 �� 'C. BY tr J If of stable T01'VN Of BARNSTABLE �f S- DATE: I ��'�. " °EPj Board of Health . 1 .. ( 16,-7E. air.Street, Hyannis MA 02601 Office 5C9490-629: Susan G.Rank.R.S. FAX. 308•i90- ;Js Sunrcr Kaufman,M:S F H. F.aipt A.Murphy,M.D. V 4KIANCE REQUEST FORM d LOCATIQN P-oper,r Address: t-�T �� to I.-vas t-)A -rLj P-c Assessor's Map and Parcel Number: 2 SI Size of Lot: Wetlands :Within 300 Ft. Yes k Subdivision `:ame: _ No Business Marne- APPLICANT CONTACT PERSON Name. )L 1k eel 4,raTg2 k-K "-,-I Name: Address: Z�l� r('ti l« �`li�, M. M t t-V4 Address: !3I>4 Wt a�•�+ S i �e.rsm o.�a'ryt D�lo-�S phone: Phone: '!7Io7-- 14-1> FAX: FA � 7.- VARIANCE FROTARSGULATIOi\iLisi Res! REASON' FOR VARIANCE(May a-tsch if more spec is--ded) +V I l l Sr.!g ar.l i D O — h� •kl'st'u;be�:onrplzrea b1 �.i:c stcT�-person rx2:ymg.ariance request aFplic•at:oni I_ Four(4)copies of plan submitted{inc'.uding septic system?tans and'or restaurant floor plans) I I_ Applicant understands that the abetter must be notified by certified mail at least ten d:ys prior to mtetin_ I date a:app:icanc`s expense(forT:t:e V and:'or local sewage reguiaticn variances only) Full menu submitted:,for grease trap variances only) _ Variance request app!ic;wor,fee colleeted,,nreefo.tteyvard=difiaswc at,, l nrsid: tin•; uic vanaices to repair railed sn.abe dnwo ;ryssan tvsly d k eap■nuu,m sS■'...i,kag:rcpoaedj) Variance request submitted at'east !5 days prior to meeting date t V.AKIAitC APPROVED Susan G.Kask.R.S.,Chairman NOT APPROVED Sumner Kaufman.M.S.P.H. REASON FCR Dr.SA?PROVAL_ Ralph A.Nlurphy,'I.D. LAW OFFICES OF PAUL REVERE , III 226 River view Lane Centerville, Massachusetts 02632 (508) 778-7126 February 28, 2000 Board of Health Town of Barnstable New Town Hall 367 Main Street Hyannis, Massachusetts 02601 RE: Application for Septic System Disposal Permit Lot 39, Calves Pasture Lane, Barnstable Village Scheduled for Hearing March 13, 2000 Dear Members of the Board: This letter is submitted on behalf of the Applicant, Christopher Kuhn, for a septic system permit for Lot #39 on Calves Pasture Lane in the Village of Barnstable (the "Property"). This letter further explains the permit application. I. Merits of Application The Applicant requests relief from: (i) Part Vill, Section 1.00 ("1973 Setback Regulation") for the septic tank and pump chamber;' (ii) the 1973 Setback Regulation and Part Vlll, Section 10.00 ("1992 Leaching Facility Setback Regulation") for the leaching facility and reserve areal; and (ii) Part XII, Section 2.00 ("1974 Well Setback Regulation") The application for Lot #39 warrants relief from both these requirements. A. Septic Tank and Pump Chamber The proposed septic tank and pump chamber are subject to the requirements of the 1973 Setback Regulation. These units are located 83 feet from the edge of a vegetated wetland. The Board should authorize their construction in this location because these units will have no impact on the wetland. The 1973 Setback Regulation provides: Unless otherwise specified by the Board of Health, all cesspools, septic tanks, disposal fields, or other, disposal. ' The term "pump chamber" is not used in Section 1.00 and, therefore, an argument can be made that Section 1.00 is inapplicable that unit. For purposes of this proceeding only, the Applicant concedes that Section 1.00 applies to the pump chamber. z No relief from the requirements of Title 5 of the State Environmental Code ("Title 5") is required for the proposed septic system. 1 systems hereafter constructed shall be located such "that a distance of not less than one hundred (100) feet shall intervene between any watercourse including brooks, ponds, salt and freshwater marshes, bogs, streams, lakes or extreme high water mark of tidal waters and any portion of any cesspool, septic tank, disposal field or other sewerage disposal systems. . . . Town of Barnstable, Board of Health Regulations, Part Vill, Section 1.00 (emphasis supplied). The septic tank and the pump chamber will be watertight in accordance with Title 5 requirements. No leakage of septage will occur from either of these units and consequently there will be no impact to the wetland. Therefore, the Board should exercise its discretion and allow the septic tank and pump chamber to be located less than 100 feet from the vegetated..wetland. To authorize construction in this location, the Board does not need to make a formal "variance" determination and the Applicant does not need to demonstrate that failure to grant the relief would constitute "manifest injustice." The 1973 Setback Regulation uses the phrase "[u]nless otherwise specified by the Board of Health" rather than unless granted a "variance" by the Board. The 1973 Setback Regulation is written in this manner so as to provide discretion for the Board to not only permit systems at distances of less than 100 feet to a wetland, but also to require a setback of greater than 100 feet if necessary to protect the wetland. Put another way, the 1973 Setback Regulation is a precursor to Subsection 1.14 of the 1992 Leaching Facility Setback Regulation. Subsection 1.14 requires a distance of 250 feet from wetlands in areas of high groundwater and high soil permeability, and incorporates express. numerical standards for the siting of such systems. The 1973 Setback Regulation provides the Board with discretion to adjust setback requirements as appropriate to protect the environment and appropriately does not use the term "variance" or explicitly (or even implicitly) incorporate the "manifest injustice" standard for the granting of a variance.3 Regardless, even if the "manifest injustice" standard of the Board of Health's septic system regulations, see Part VII, Section 10.00, Subsection 1.31, applied it would be "manifestly unjust" prohibit placement of these units in this location when they will have no impact on the adjacent wetland. 3 Further support for this reading of the,1973 Setback Regulation can be found by comparing the terms of the regulation to other Board regulations adopted in the early 1970s. In particular, the same Board of Health members adopted Part XII, Section 2.00 of the Board's regulations which specifies minimum lot sizes and well setback requirements. In that regulation, the Board not only used the term "variance"to describe any alteration to its requirements, but also the regulation sets forth specific standards for the granting of variances. Thus,the then existing Board members used the term "variance" and incorporated express decision criteria when they desired to limit their discretion in altering regulatory requirements. 2 B. Leaching Facility And Reserve Area The proposed leaching facility and reserve area are subject to the requirements of the 1973 Setback Regulation and the 1992 Leaching Facility Setback Regulation. The leaching facility and reserve area are located 75 and 56 feet, respectively, from the edge of the vegetated wetland. The Board shourd authorize their construction in this location pursuant to the 1973 Setback Regulation because these units will have no impact on the vegetated wetland. Likewise, the Board should grant a variance from the 100 foot setback requirement of Subsection 1.13 of the 1992 Leaching Facility Setback Regulations because enforcement of the requirements of that regulation "would do manifest injustice' and the system provides the same degree of environmental protection as a system meeting the setback requirement. With respect to the 1973 Setback Regulation, the location of the leaching facility and reserve will have no impact on the vegetated wetland. The vegetated wetlands are an area of perched water that results from the surface flows rather than from elevated groundwater. This conclusion is supported by the logs for Test Holes #2A and #2B where the leaching facility and reserve area are proposed to be located on the Property. These test holes show groundwater at an elevation of approximately six feet whereas the nearby bordering vegetated wetlands are located at approximately elevation 15 (leaching facility) and 12 to 23 (reserve area). Thus, the construction of the leaching facility and the reserve within 100 feet of these vegetated wetlands will have no detrimental impacts on them and the Board should exercise its discretion under the 1973 Setback Regulation and allow the leaching facility and reserve to be located less than 100 feet from the vegetated wetland. With respect to Subsection 1.13 of the 1992 Leaching Facility Setback Regulation, the Board should grant a variance. A variance from that regulation may be granted if: (i) "the enforcement [of the regulation] would do manifest injustice"; and (ii) the same degree of environmental protection can be obtained. Subsection 1.31 of the 1992 Leaching Facility Regulation. As discussed previously, the Applicant has demonstrated that the construction of the proposed leaching facility and reserve area will have no impact on the vegetated wetlands. Thus, a variance must be granted if the Applicant demonstrates that "the enforcement [of the regulation] would do manifest injustice." The 1992 Leaching Facility Setback Regulation does not define "manifest injustice' or describe the nature of the demonstration required to be made by the applicant. Here, the Applicant purchased a $600,000 mortgage in 1998 with the expectation that a four or more bedroom house could be built on the Property based upon a 1989 subdivision plan which showed limited wetlands and one and one half acres of upland.' A copy of that plan is attached as Exhibit One. At the time of the purchase of the mortgage, this 1989 subdivision plan was the only'delineation ,of wetlands for the Property. However, as can be seen by a review of the plan submitted by the Applicant which includes a more recent wetland delineation, there is no location on the Property where a septic system and reserve of any size can be built without a 4 The effect of those wetlands on the construction of a septic system is discussed below. 3 variance from the 1992 Leaching Facility Setback Regulation. In particular, the only area on the Property which is more than 100 feet from a wetland is a small sliver of land which comprises the northern corner of the proposed system. In sum, the Property, which was created by a subdivision approved by the Board slightly more than ten years ago and contains more than one acre of upland is unbuildable without a variance from the 1992 Leaching Facility Setback Regulation. Under the current zoning of the Property, a residence is the only use available use of the Property. Thus, strict compliance with the 1992 Leaching Facility Setback Regulation will "deprive the Applicant of substantially all beneficial use of the subject property"5 and, therefore, a variance should be granted. C. 1974 Well Setback Regulation The Applicant has requested a variance from the 1974 Well Setback Regulation for a well on adjacent property and for the well to serve the Property. The variance from the well on the adjacent property is 50 feet. A variance from the 1974 Well Setback Regulation is available if the Applicant demonstrates that the sewage disposal system will not affect: (i) water supplies on the property or adjacent property; or (ii) a defined aquifer recharge area. The well on the adjacent property is located 100 feet uphill from the proposed sewage disposal system and will not be impacted by the proposed system because the well is upgradient of it. Similarly, the well proposed for the Property is cross-gradient from the proposed system and also will not be impacted. The Property also is not within an "defined aquifer recharge area." Therefore, the Board should grant a variance from the 1974 Well Setback Regulation for the Property. II. Subdivision Approval As you may be aware, when the subdivision creating the Property was approved, the then sitting Board issued a letter dated June 7, 1989, which purported to limit the discretion of future Board's to grant variances at the Property (the "June 1989 BOH Letter")- In particular, the June 1989 BOH Letter provided that: (i) variances from Title 5 and the Board's septic system regulations will not be granted; and (ii) a public water supply must be provided for each lot. The Board should issue the septic system permit for the Property and not require connection to public water regardless of June 1989 BOH Letter. In a letter to Town Council with respect to an adjacent lot, the Board asked whether it had authority to waive compliance with the requirements of the June 1989 BOH Letter. Town Council responded that the Board had such authority. Therefore, the Board has authority to grant a variance from Title 5 and local requirements for the Property and 5 The quoted language is from 310 C.M.R. 15.410(2) which addresses variances under Title 5. 4 I need not require the Applicant to provide public water.' With respect to public water supply, the proceeding before the Board is an application for septic system construction permit. Neither the applicable regulations nor the permit application requirements impose an obligation that the Applicant demonstrate that it has a water supply for a property. Thus, the issue of whether the Applicant has complied with the requirement to provide public water to the lots is simply irrelevant. That issue can be addressed if and when the Applicant applies for permit for construction of a well pursuant to Part XII, Section 3.00 of the Board's regulations. To the extent that the Board desires to address the issue of supplying public water to the Property, the Applicant's position is that the Board should waive this requirement. Here, the Applicant has approached the Barnstable Fire District Water Department ("Water Department") regarding connection of the Property to the water main on Scudder Lane. By letter dated February 5, 1999, and again at their December board meeting, the Water Department has informed the Applicant that they cannot connect to the water main at Scudder Lane unless the Applicant provides funds to upgrade the water main on Scudder Lane all the way to its connection to the main line on Route 6A and also to reconnect all existing customers of the Water Department.' While the exact cost of the upgrade of the water main is not known, the cost is likely to exceed 6 If the Board concludes that the limitation on variances in the 1989 BOH Letter must be enforced, that limitation must be read to apply only to those requirements of the Board which existed in 1989 and remain in effect today. Only the 1973 Setback Regulation and the 1974 Well Setback Regulation meet those requirements. As discussed in detail previously, relief from the 1973 Setback Regulation is not a "variance." Rather, the regulation provides authority for the Board to designate a setback as appropriate for the proposed system. Thus, the limitation on variances does not place any restriction on the Board's ability to grant relief from this regulation. With respect to the 1974 Well Setback Regulation, the 1989 Board could not have contemplated that a variance was required from that regulation because it was believed that public water was available for the Property. Thus, the 1989 BOH Letter should not be read as prohibiting a variance from the 1974 Well Setback Regulation because the Board could not have contemplated that the regulation would apply to the Property. Lastly and to fully understand the 1989 BOH Letter, the Board should consider the need for variances in 1989. In 1989, the Property had far less extensive wetlands as is demonstrated by the 1989 subdivision plan. Furthermore, a septic system under the 1978 Title 5 code could use leaching pits for the leaching facility. Thus, at the time of the 1989 BOH Letter, a septic system which met Title 5 code and local regulations appears to be able to be constructed on the Property based on the wetlands delineation in the 1989 subdivision plan without a variance or other relief. When the 1989 Board imposed the limitation on variances, it was addressing a property that did not need variances under applicable law. Today,the need for relief from the 1973 Setback Regulation is driven primarily by the size of the leaching facility which is mandated by the 1995 Title 5 Code. Td use the 1989 BOH Letter to prohibit relief caused by the 1995 revisions of Title 5 would be fundamentally unfair reading of the Variance limitation in the 1989 BOH Letter. 'The Applicant has had numerous discussions with the Water Department's superintendent and attorney in attempts to obtain an additional letter regarding this matter for the Board's review. Attached to this letter as Exhibit Two is a January 4, 2000, letter requesting that the Department confirm its position that Lot#39 cannot be connected to public water. For reasons which are not completely clear, the Department refuses to respond to this request. 5 $100,000 and the Water Department appears to desire that the Applicant pay a significant portion of those costs in addition to the cost of the water line from Scudder Lane to the Property which in itself may exceed $30,000. Thus, the cost to supply pp Y public water to the Property is excessive. Under the circumstances, it is appropriate to examine the source of the 1989 Board's authority to impose a requirement to connect to public water at the Property. The 1989 Board promulgated a regulation, Part XII, Section 3.00, Section 19 (the 1989 Water Regulation"), which provides that: "The Board of Health may at its discretion require single family, multi-family; or commercial structures located within 300 feet of a municipal water line, to connect to municipal water." The use of a distance limitation in the. 1989 Water Regulation demonstrates that the 1089 Board intended that costs be considered in deciding whether to require connection to public water supply lines. Furthermore, nothing in the regulation requires "structures" which are less than 300 feet to connect to public water and the decision as to whether to require connection of a structure within.300 feet was left completely to the discretion of the Board. Here, the proposed single family home is located approximately 800 feet from Scudder Lane. This distance is more than twice the distance specified in the 1989 Water Regulation. Thus, it can be surmised that the 1989 Board imposed the water connection requirement in the 1989 BOH Letter because it believed: (i) water was available at Scudder Lane; and (ii) connection to such water could be made at a reasonable cost. As explained above, neither of these circumstances exist. The Water Department will not allow the Applicant to connect to the main at Scudder Lane unless it pays for the upgrade of the line from Route 6A and reconnection of existing users. The costs of such connection are unreasonable not only to connect to Route 6A, but also to run a pipe to Scudder Lane. Under the circumstances, the Board should allow that the Property be developed without a public water supply. III. Conclusion The Applicant has demonstrated that it should be granted relief from the 1973 Setback Regulation, the 1992 Leaching Facility Setback Regulation, and the 1974 Well Setback Regulation. Additionally, if the Board decides to consider water supply issues, the Board should waive any requirement to connect the Property to public water. I will be available at the March 13, 2000, meeting to answer any questions. Very truly yours, Paul Revere, III 6 I EXHIBIT ONE r EXHIBIT TWO KILROY & WARREN, P.C. ATTORNEYS AT LAW 67 SCHOOL STREET BERNARD T. KILROY P.O. BOX 960 BANKRUPTCY COUNSEL LAURIE A. WARREN HYANNIS, MASSACHUSETTS 02601-0960 WILLIAM G. BILLINGHAM TELEPHONE (508) 771-6900 TELEFAX (508) 775-7526 .r January 4 , 2000 Board of Water Commissioners Barnstable Fire District Hyannis Road Barnstable, MA 02630 IN RE : PROPERTY ON CALVES PASTURE LANE BARNSTABLE MA 02630 BARNSTABLE ASSESSORS MAP 259/1-2 Dear Commissioners : You will recall that we appeared before you in your November, 1999 Board Meeting to discuss the possibility of tieing the above property into the main now located in Scudder Lane as required by the Board of Health. You indicated to us that because of the current condition of the water line, no additional connections would be allowed at this time . You further indicated that it would be the District' s obligation to upgrade the water line in Scudder Lane and that the owners of the property on Calves Pasture Lane as private citizens would not have any right to upgrade the line in Scudder Lane . As you know, we are attempting to obtain a septic system permit from the Board of Health which was previously indicated that the Board would require a hookTup to the town water before it would issue a septic system permit . Apparently, the Board was under the impression as was the Planning Board, that town water was available by hook-up to the line in Scudder Lane .. The Barnstable Board of Health has requested that we obtain a written statement from you to the effect that the District will not allow the property to tie into the Scudder Lane main. r Board of Water Commissioners Barnstable Fire District Page 2 January 4 , 2000 r If the above statements are accurate, I would appreciate it if you would sign a copy of this letter indicating that this letter accurately represents the current position of the District so that we may file the letter with the Board of Health. Very truly yours, CHRISTOPHER P. KUHN and LAURIE A. ARREN, By: gernard 'T. ilroy, their Attorney BTK: J' z Enclosures k:\realest\kuhn\commissioner l I Celebrating 30 Years of Excellence in Environmental Services 95 State Road Buzzards Bay,MA 02532 March 3, 2000 (508)888-3900 FAX(508)888-6689 Mr. Christopher Kuhn web:http://www.ensr.com 239 Prince Avenue Marstons Mills, Massachusetts 02648 8726-519 RE: Calves Pasture Lane, Lot 39 Barnstable, Massachusetts i Dear Chris: As requested, ENSR has reviewed the site plan entitled Site and Sewage Plan of Lot 39, Calves Pasture Lane (2-27-99) prepared by Down Cape Engineering ("DCE") as well as the observation logs describing percolation test information collected by DCE on this site. We have also reviewed the records of our site observations pertaining to the vegetated wetland resource areas present at the site and pertaining to surface water flow observations. It is our understanding that you have requested that the Town of Barnstable Board of Health grant variances from certain set back requirements described in the Board of Health regulations, which we have also reviewed. Based upon the percolation test information, the elevations of groundwater at test hole locations TH-2A and TH-213 were approximately 6.5 feet and groundwater elevation at test hole TH-3 on the same day was approximately 5.0 feet. This suggests that groundwater elevation at TH-3 is approximately 1.5 feet below the groundwater elevation at TH-2A and TH- 2B. The site plan illustrates test hole TH-3 to be located approximately 70 feet to the west of test holes TH-2A and TH-213. Based upon this information, we can assume that groundwater in the vicinity of the proposed septic system flows in a westerly direction. The result is a flow of groundwater away from both the location of the proposed drinking water well in the east corner of lot 39 and away from the existing drinking water well located on an abutting property to the north. It is our opinion, based on the above-referenced information, that with regard to the locations of existing and proposed wells the proposed on-site septic system is in an appropriate location . since the migration of groundwater would be away from these wells. Since groundwater flow direction would be away from any drinking water well, we believe that the request for a variance from the Board of Health regulations found at Part XII, Section III (12) is reasonable. We also believe that the request for a variance from the Board of Health regulations found at Part VII, Section 1.00 is reasonable. On several occasions ENSR observed conditions on Lot 39 and on adjacent lots in order to delineate vegetated wetlands and to better understand surface water flow patterns. We concluded that the stream flows observed on Lot 39 were intermittent in nature and that these flows originated from a vegetated wetland resource area located to the north of Lot 39. During significant storm events, and primarily during the winter and early spring, several channels directed surface water from this wetland onto Lot 39 and adjacent Lot 38. The water entered onto these properties through cross-culverts installed beneath Calves Pasture Lane. { Consulting Engineering Remediation [REIM. Christopher Kuhn 8726-519 March 3,2000 Page 2 The stream located at the eastern margin of Lot 39 was observed as part of a relatively narrow shrub-dominated wetland plant community. The species most commonly observed in this bordering wetland community was northern arrowwood (Viburnum dentatum), a facultative-wetland indicator plant. Facultative plants have a 34-66 percent frequency of occurrence in wetlands or in upland communities (Wetland Indicators, Tiner, 1999). Species including Morrow's honeysuckle (Lonicera morrowii) and eastern red cedar (Juniperus virginiana) were also observed as part of the bordering wetland and adjacent upland. Both of these species are facultative-upland indicator plants. Facultative-upland plants have a 1-33 percent frequency of occurrence in wetlands (Tiner, 1999). According to the Barnstable County Soil Survey (Soil Conservation Service, 1983)(the "soil survey"), Lot 39 is located within an area mapped as Boxford silt loam (3-8 percent slopes). The Boxford soil series is not listed as a hydric soil series according to Hydric Soils of New England (Tiner and Veneman, 1987). Permeability in the subsoil and substratum of these soils is typically slow or very slow due to the silty and clayey sediments within which these soils formed. ENSR's soil profile observations to depths of approximately 24 inches were consistent with information provided in the soil survey. It is likely that the percolation of surface water into a slope comprised of these soils would be limited. These soil conditions would likely result in a perched water table, which would contribute to the conditions favoring the growth of a community of wetland-indicator plants. It is our opinion that the intermittent stream flow and not the presence of an elevated groundwater water table appears to create the conditions primarily responsible for the growth of wetland-indicator plants. Our opinion is based upon the following observations: • the predominance of facultative and some facultative-upland plants in the wetland community, • the reported groundwater elevations at the percolation test areas on the property, and • the permeability characteristics of the soils on this site resulting in a perched water table. Sincerely, ENSR D. Michael Ball Wetland Scientist Cc: Arne H. Ojala, DCE Laurie A. Warren ?eclyc!ed Paper,159y-based nks .. vU THE Town of Barnstable Board of Health BARNSTABM v� 1'S. g� 367 Main Street,Hyannis MA 02601 ATEp�.�A Office: 508-862-4644 Susan G.Rask,R.S. FAX: 508-775-3344 Ralph A.Murphy,M.D. Sumner Kaufman,MSPH March 22, 2000 Mr. Arne Ojala, P.E. c/o Downcape Engineering Co., Inc. 939 Main Street / >. Yarmouth, MA 02675 RE: Lot 39 Calves Pasture Lane, Barnstable Dear Mr. Ojala: Your request for multiple variances on behalf of your client Christopher Kuhn, from Part VIII, Section 1.00, and Part XII, Section III including variances to construct an onsite sewage disposal x system leaching facility only seventy-five (75) feet away from wetlands with a reserve area only 51 feet away from the wetlands and to construct a leaching facility only 100 feet away from a neighbor's well, is not granted. The variances are not granted due to the following: • The Board of Health previously decided that no variances would be granted pursuant to a definitive plan approval issued by the Town of Barnstable Planning Board. As part of the subdivision approval process, the Board of Health imposed requirements and limitations upon the definitive subdivision plan. Those requirements are set forth within the letter of the Barnstable Board of Health dated June 7, 1989. Among the requirements, the Board of Health specifically stated: The developer shall have recorded on the deed that variances from Title V, Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, or Town of Barnstable Health Regulations, whichever is more stringent will not be granted on any lot in this subdivision. The Town of Barnstable Planning Board incorporated the Board of Health letter of June 7, 1989 into its record. Later, the Planning Board conditioned its definitive plan approval upon "all the requirements of the Board of Health ..." Accordingly, the Planning Board approval for the subdivision creating Lot 39 Calves Pasture Lane is predicated upon the Board of Health requirement that no variances would be granted. During the public Board of Health meeting held on March 13, 2000, Attorney Paul Revere, testified that the applicant was aware of the conditions imposed in regards to the June 7, 1989 Board of Health requirements and limitations. The present applicant who is a sophisticated real estate developer, had knowledge of the Board of Health requirements contained within its letter of June 7, 1989. Furthermore, these requirements are a matter of public record and are among the conditions included within the Planning Board approval. The applicant, Christopher Kuhn, is a sophiscated real estate developer. In addition, it should be noted that the engineer representing calves as �r the applicant in this current request for variances is the same engineer who prepared the subdivision plan for the proponents of the subdivision plan, Harry C. and Susan R. Jilson. Therefore, denial of a variance will not cause manifest injustice. • A site visit was conducted by Board of Health members and by Edward Pesce, P.E., Senior Environmental Engineer for Horsley and Witten, Inc. It was found that several wetland areas on the site connect to other water course/wetlands areas to the north and east of the parcels via culverts under Calves Pasture Lane. Based upon this information and the Town's definition of water courses, that the wetlands shown on the plan dated April 5, 1999 prepared by Down Cape Engineering, Inc. are indeed watercourses. Dr. Jo Ann Muramoto of Horsley and Witten, Inc. also conducted a site visit to confirm this position. Dr. Muramoto has extensive experience in this area of wetland and watercourse definition through her four years of tenure as the Town of Falmouth Conservation Agent. Her memorandum dated August 12, 1999 explains that 310 CMR 15.01 Definitions defines water course as: "Any natural or man- made stream, pond, lake, wetland, coastal wetland, swamp. or other body of water and shall include wet meadows, marshes, swamps, bogs, and areas where groundwater, flowing or standing surface water or ice provide a significant part of the supporting substrate for a plant community for at least five months of the year." According to this definition of "watercourse" the Bordering Vegetated Wetland shown on the plan revised 4/5/99 is a watercourse because it is a wetland ( a swamp) which contains a wetland plant community for at least five months of the year(a growing season), and is supported by groundwater and flowing surface water. On the basis of the definition of watercourse, which is part of the Board of Health's Regulations, there is a significant area of watercourse on lots 38 and 39 Calve's Pasture Lane, Barnstable, MA. The boundary of the bordering vegetated wetland is the boundary of the watercourse. • The proposed soil absorption system is proposed to be located only seventy (70) feet away from the wetlands/watercourse. Also, the septic tank is proposed to be located only fifty-six (56) feet away from the wetlands/watercourse. The applicant failed to request a variance from the Board of Health Regulation PART Vill, SECTION 1.00 which requires a minimum separation distance of 100 feet between septic system components and the wetlands/watercourse. • The applicant also requested permission to install an onsite private well at this lot. However, the Board of Health previously decided that public water shall be provided pursuant to a definitive plan approval issued by the Town of Barnstable Planning Board. As part of the subdivision approval process, the Board of Health imposed requirements and limitations upon the definitive subdivision plan. Those requirements are set forth within the letter of the Barnstable Board of Health dated June 7, 1989. Among the requirements, the Board of Health specifically stated: The developer must provide public water to each and every lot in this subdivision. Public water lines and all connections must meet specifications and/or rules and regulations of the local water department. The Town of Barnstable Planning Board incorporated the Board of Health letter of June 7, 1989 into it's record. Later, the Planning Board conditioned it's definitive plan approval upon "all the requirements of the Board of Health..." Accordingly, the Planning Board approval for the subdivision, creating Lot 39 Calves Pasture Lane, is predicated upon the Board of Health requirement that public water will be provided to each and every lot. calves Mir • The applicant failed to adequately demonstrate that the direction of the groundwater flow is away from the abutter's well. Commonly, a minimum of three monitoring wells would be installed were not installed at a triangular locations on the parcel to determine the groundwater direction flow. Test holes do not constitute a monitoring wells, as testified at the hearing. • During the public Board of Health meeting held on March 13, 2000, Attorney Paul Revere stated the applicant was aware of the conditions imposed in regards to the June 7, 1989 Board of Health requirements and limitations. The present applicant had knowledge of the Board of Health requirements contained within it's letter of June 7, 1989. These requirements are a matter of public record and are among the conditions included within the Planning Board approval. The applicant, Christopher Kuhn, is a sophiscated real estate developer. The engineer representing the applicant in this current request for variances is also the same engineer who prepared the subdivision plan for the proponents of the subdivision plan, Harry C. and Susan R. Jilson. • This parcel is currently listed at the Town of Barnstable Treasurer's Office as property in "tax title;" property taxes have not been paid to the Town of Barnstable for many years. The present applicant is in the process of purchasing the property from the F.D.I.C. You are reminded that variances may be granted only when, in the opinion of the approving authority: (a) The person requesting a variance has established that enforcement of a provision from which a variance is sought would be manifestly unjust, considering all of the relevant facts and circumstances of the individual case;. and (b) The person requesting a variance has established that a level of environmental protection that is at least equivalent to that provided can be achieved without strict application of the Board of Health regulations from which variances are sought. You failed to establish manifest injustice and you did not establish that a level of environmental protection that is at least equivalent to that provided by the Board of Health Regulations can be achieved without strict application of the Board of Health Regulations from which variances are sought. Further, as pointed out by the applicant, under the Board of Health's On-Site Sewage Disposal Construction Part VIII: Onsite Sewage Disposal Regulations Section 10.00 Onsite Sewage Disposal Construction adopted 6/11/91, became effective 6/11/91, revised 2/11/92, the Board has discretion to adjust the setback requirements appropriately to protect the environment and the public health. Based upon the evidence presented, the Board of Health finds no justification for adjusting the setbacks closer than the 100 feet established under the applicable regulation. Therefore, your request for multiple variances is not granted. Sincerely yours, Susan G. Rask, .S , Chairperson Board of Health _ Town of Barnstable calves a� UNITED STATES p��A4 v� Y+ �� u+ t ►na �t �� E.o F i .tti�i First- 6ss)Ma,-1 _P_ostage&Fees`Paid USPS Permit No.G-10 ° Sender: Please print your name, address, and ZIP+4 in this box • - 609Z0 sassOUminW'sluueR1 x08'O'd algelsweg 10 UM01 uols�p�RIsoH o1190� SENDER: COWLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY , ; ■ Complete,items 1,2,and+ 3:,Also co+mplete!s 1" A.t Receiv d by(Please Pnnt Clearly) B Date_of Delivery item 4 if Restricted Delivery is desired. � ■ Print your name and address on the reverse ,t igaaare so that we can return the card to you. C. ❑Agent- ■ Attach this card to the back of the mailpiece, X or on the front if space permits. =� ' ❑addressee D. Is dq#very address different from item 1? ElYes 1. Article Addressed to: ' _ IQYES,enter delivery address below: ❑ No i 2 Z t 4 V4?.r V1 9 ice Type Certified Mail El Express Mail Registered ❑ Return Receipt for Merchandise El Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Copy from service label) PS Form 3811,July 1999 Domestic Return Receipt 102595-99-M-1789 t t � J• Z 203 V499 190 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to Street&Nu mb / 2Z °✓ter �'� �.,. P Office,State,&ZIP C e h, �� Postage $ �/ Certified Fee Special Delivery Fee Restricted Delivery Fee LO Return Receipt Showing to Whom&Date Delivered a Return Receipt Showing to Whom, Date,&Addressee's Address. 0 TOTAL Postage&Fees is Z 9 M Postmark or Date ti Stick postage stamps to article to cover First-Class postage,certified mail fee,and charges for any selected optional services(See front). 1.If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier(no extra charge). 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the � return address of the article,date,detach,and retain the receipt,and mail the article. �- Ip rn 3. If you want a return receipt,write the certified mail number and your name and address on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits. Otherwise,affix to back of article. Endorse front of article Q RETURN RECEIPT REQUESTED adjacent to the number. ¢ 4. If you want delivery restricted to the addressee, or to an authorized agent of the C addressee,endorse RESTRICTED DELIVERY on the front of the article. 0007 C9 5. Enter fees for the services requested in the appropriate spaces on the front of this- €' 11 receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3811. o tL 6. Save jhis receipt and present it if you make an inquiry. t o25s5-s7-B-ot 45 a' IMElp Town of Barnstable swxxsrnst e, Department of Health, Safety, and Environmental Services `SS. Public Health Division arFo�r s P.O.Box 534,Hyannis MA 02601 Office: 508-862-4644 Thomas A.McKean,RS,CHO FAX: 508-790-6304 Director of Public Health April 25,2000 Mr. Paul Revere III Esquire Law Offices Of Paul Revere, III 226 River View Lane Centerville, MA 02632 Dear Mr. Revere, In response to your letter addressed to me dated April 24, 2000, the Board of Health stands by its previously-issued decisions of February 3, 2000 and March 13, 2000 regarding Lots 38 and 39 Calves Pasture Lane, Barnstable Village. „j Sincerely Yours, Th as A. McKean, R.S., C.H.O. w TOWN OF BARNSTABLE eA MASS. OFFICE OF TOWN ATTORNEY 3. lE019. 367 MAIN STREET HYANNIS, MASSACHUSETTS 02601-3907 ROBERT D.SMITH, Town Attorney TEL.(508)862-4620 RUTH J.WEIL, 1st Assistant Town Attorney 2002 FAX#(508)862-4724 T.DAVID HOUGHTON,Assistant Town Attorney April 30, CLAIRE R.GRIFFEN, Legal Assistant CONFIDENTIAL Paul Revere, III, Esq. 226 Riverview Lane Centerville, MA 02632 Re: Potential Calves Pasture Settlement (Inadmissable as Evidence) Christopher P. Khun, Laurie A. Warren v. Sumner Kaufman, Ralph A. Murphy, Susan G. Rask and Town of Barnstable Board of Health C.A. No. 00-285 Our File Ref. # 20000074 Dear Mr. Revere: In an attempt to confirm our several telephone conferences since the Board of Health executive sessions of March 19 and April 16, it is my belief that we have agreed to advance the following as a new application for public hearing. Lots 38 and 39 would be reconfigured as a single lot to be shown on a recorded ANR plan. Your clients would apply for variances from Barnstable health regulations for installation of a septic system of sufficient size and capacity to accommodate a four bedroom house with attached garage to be located on what is presently Lot 39. The following would be among the anticipated conditions. (a) Your clients would provide for the installation at their expense of a water main from Scudder Lane along Calves Pasture Lane of sufficient capacity to provide a public water source for their property and that of the property across Calves Pasture Lane (house number 58). (b) Your clients would comply with any other requirements of the Barnstable Water District for installation of a main along Calves Pasture Lane. Your clients would request in writing that the 20000074 Revitrl0 yY� District confirm to the Board of Health in writing its approval of the installation and its specifications and requirements. (c) Your clients would either (1) provide for the installation at their expense of a water connection line to the dwelling house or well connection at 58 Calves Pasture Lane or (2) document in writing that they so offered and their offer was refused, in which event they will provide for the installation at their expense of.a water connection line to the sideline of 58 Calves Pasture sufficient to enable the present or a future owner to connect. (d) Your clients' application demonstrates that it depends on the minimum number of variances from local health regulations, and requires no variances from Title V. We discussed that the likely preference would be for greater distances (lesser variances) from wetlands than structures. There may be other conditions the Board imposes, but I can represent that I have and will communicate to them that this matter is proceeding as litigation settlement and their conditions must be in line with that posture even in the face of objections or concerns voiced at a public hearing. believe that the next steps are for you on behalf of your clients to (1) present a sketch of your proposal in light of these terms so that I may discuss it once more with either Tom McKeon or Susan Rask or both, (2) continue the summary judgment motion hearings scheduled for May 14, (3) prepare and file a new variance application with the Board once the sketch has been reviewed, and (4) acquaint me with any corrections or additions to the contents of this letter. In connection with item number 3, 1 agreed with you that it may be necessary for you to discuss this proposal with Rob Gatewood and that I had no objection as long as those discussions were confined to wetlands issues. look forward to hearing from you. Ve truly yours, /tdh T. DAVID HOUGHTON Assistant Town Attorney Cc: Thomas J. McKean, Director, Public Health 20000074 Revltrl0 Y LAW OFFICES OF PAUL REVERE , III 226 River View Lane Centerville, Massachusetts 02632 (508) 778-7126 r April 24, 2000 - Tom McKean, RS, CHO Health Agent Health Department Town of Barnstable New Town Hall 367 Main Street Hyannis, Massachusetts 02601 RE: Constructive Approval of Applications for Septic System Disposal Permits Lots 38 and 39, Calves Pasture Lane, Barnstable Village And Notice of Claim For Taking of Property Without Compensation Dear Mr. McKean: Massachusetts General Law Chapter 111, Section 31 E ("Section 31 E") provides that an application for a sewage disposal system "shall be deemed to have been granted" if a local board of health fails to provide a written decision to the "applicant" within 45 days of the board's receipt of a completed permit application. The Barnstable Board of Health ("Board") did not issue a written decision to the applicant disapproving the permit applications for Lots 38 and 39, Calves Pasture Lane, Barnstable within the required 45 day period. Therefore, the permits have been granted for both lots and the applicants will be sending a representative to pick up the permits by the end of this week. Additionally, you should be aware that, if the Health Department, refuses to issue these permits as required by Section 31 E for either lot, an appeal will be filed. The appeal will include the following requests: (i) a declaration that the permits were granted pursuant to Section 31 E; (iir a declaration that the Town of Barnstable ("Town") unlawfully (or.ineffectively) attempted to impose'restrictions on the granting of variances for septic systems on the lots and requiring a public water supply for each lot; (iii) a declaration that the Board' regulations requiring a_100 foot setback from wetlands and 150 feet from private wells are invalid; (iv) a determination that the Board acted unlawfully when it denied a permit for each lot; and (v) a judgment including an award of damages because the application of the Board's regulations to the lots 1 and/or the failure to timely grant a permit constituted a temporary or permanent taking of property in violation of the civil rights of the applicants under the United States and Massachusetts Constitutions. 1. . Grant of Permits by Inaction r To ensure protection of investment-based expectations and to prevent boards of health from rendering the development of property uneconomic through delay, Massachusetts provides a 45 day time period in which a board of health must act on a permit application. Specifically, Section 31 E provides: Any health officer or board of health for any city, town or district, whose authority includes the issuance of permits for construction, maintenance or alteration of individual sewage disposal systems for residential buildings . . . shall act upon a completed application for such permit to construct, maintain, or alter such system within forty- five days from the date upon which such completed application is filed with said health officer or board of health. If a determination on a completed application is not rendered within forty-five days by the appropriate health officer or board of health, then said permit shall be deemed to have been granted. For the purpose of this section, "action on a completed application" shall mean approval of said application and issuance of the permit to construct, maintain, or alter, or disapproval of said application with a written statement of the reasons for such disapproval. The written statement of reasons, in the case of disapproval shall be sent to the applicant by first class mail, postage prepaid and shall include the information necessary in order to ascertain why the application or the proposed subsurface sewage disposal system or both fail to comply with local or state code requirements. . . . M.G.L. ch. 111, Sec. 31 E (emphasis supplied). Thus, by its express terms, Section 31 E requires a board of health within 45 days of the submission of a permit application to either issue a permit or a written disapproval to the "applicant." The provisions of Section 31 E apply to applications that include variance requests. 310 C.M.R. 15.411(4).' Here., the Board failed to issue a disapproval -for either lot:-in accordance with the requirements of Section 31 E and, ' 310 C.M.R. 15.411(4) provides: "A request for a variance for a residential facility with four units or less(as described in M.G.L. c. 111, §31 E) shall be deemed constructively approved by the local approving authority if the local approving authority does not act upon it within 45 days of receipt of a complete application. . . . 2 - a i therefore, the permits and variance requests have been granted pursuant to Section 31 E. A. Grant of Permit for Lot#38 The applicant for a septic system on Lot #38 is Laurie Warren. Ms. Warren filed her application for a sewage disposal system permit on November 30, 1999. The application requested a variance from the Board's 100 foot wetland setback regulation.2 The septic system met all of the requirements of the state environmental code and, therefore, the permit application did not request a variance from state Title 5 requirements. After public hearings on December 14, 1999, and January 18, 2000, a revised plan was submitted on January 27, 2000, to the Board. On February 3, 2000, the Board heard further public comments on the application. Not a single comment from the neighbors or the Board at any of the hearings addressed the environmental impact. of. the proposed system. Rather, the Board and the neighbors focused exclusively on whether the Board should consider variances for the lot and whether the failure to grant a permit would constitute an injustice. The Board then voted at the February 3, 2000, meeting to deny a permit to the applicant. On March 12, 2000, at the latest, the 45 day time period to mail a written decision provided in Section 31 E expired and, on March 19, 2000, more than 45 days elapsed since the public hearing and the Board's vote to deny the permit application. Thus, by March 12, 2000 (and without question by March 19, 2000), the permit application for Lot #38 was granted pursuant to Section 31 E. By letter addressed to the applicant (Laurie Warren) dated March 24, 2000,3 the Board finally provided "a written statements of the reasons for such disapproval." This letter was wholly ineffective because it is dated and was mailed after the 45 day time period expired. Therefore, the septic system permit for Lot #38 has been granted. The applicant, Laurie Warren, will be sending a representative to pick up the permit by the end of this week. B. Grant of Permit for Lot#39 The applicant for a septic system on Lot #39 is Christopher Kuhn. Mr. Kuhn filed his application for a sewage disposal system permit on December 29, 1999. The application requested , a variance from the Board's 100 foot wetland setback 2 On page 2 of its letter denying the permit application, the Board states that the applicant failed to apply for a variance from the local requirement for a 100 foot setback from wetlands. A review of the original application and the final revised plan shows that both expressy requested variances for each component µ' of the"sewerage disposal system." In addition, the system and each of its components, and the wetlands on the lot as confirmed by the Conservation Commission are shown on the final revised plan for the Lot #38. Thus, it is ludicrous to assert that the applicant did not request such a variance. 'The letter appears to have been mailed somewhat later as it was received by the applicant's Hyannis office on March 29, 2000. 3 regulation 4 and the Board's 150 foot well setback regulation. The septic system met all of the requirements of the state environmental code and, therefore, the permit application did not request a variance from state Title 5 requirements. A revised plan was submitted on February 22, 2000, to the Board. On March 13, 2000, the Board held a public hearing. Not a single comment from the neighbors or the Board at the hearing addressed the environmental impact of`the proposed system on wetlands. Rather, the Board and the neighbors focused on: (i) whether the applicant had sufficiently demonstrated that the groundwater flow in the vicinity of the septic system was away from a neighbors' well; (ii) whether the Board should even consider variances for the lot; and (iii) whether the failure to grant a permit would constitute an injustice. The Board then voted at the March 13, 2000, meeting to deny a permit to the applicant. On April 7, 2000, at the latest, the 45 day time period to mail a written decision provided in Section 31 E expired. Thus, on April 7, 2000, the permit application for Lot #39 was granted pursuant to Section 31 E because, by that date, no "written statement of reasons" had been mailed to the "applicant." The applicant, Christopher Kuhn, will be sending a representative to pick up the permit by the end of this week." 2. . Appeal of Denial and Takings Claim If the Health Department, refuses to issue these permits as required by Section 31 E for either lot, an appeal will be filed. The appeal will include the following requests: (i) a declaration that the permits were granted pursuant to Section 31 E; (ii) a declaration that the Town of Barnstable ("Town") unlawfully (or ineffectively) attempted to impose restrictions on the granting of variances for septic systems on the lots and requiring a public water supply for each lot; (iii) a declaration that the Board's regulations requiring a 100 foot setback from wetlands and 150 feet from private wells are invalid; (iv) a determination that the Board acted unlawfully when it denied a permit for each On page 2 of its letter denying the permit application,the Board states that the applicant failed to apply for a variance from the local requirement for a 100 foot setback from wetlands. A review of the original application and the final revised plan shows that both expressly requested variances for each component of the"sewerage disposal system." In addition, the system and each of its components, and the wetlands on the lot as confirmed by the Conservation Commission are shown on the final revised plan for the Lot #39. Thus, it is ludicrous to assert that the applicant did not request such a variance. 5 The Board did send a letter to Down Cape Engineering dated March 22, 2000, purporting to deny the permit and explaining the reasons for the Board's attempted denial of the permit application. The applicant, Christopher Kuhn, first learned of this letter on April 10, 2000, after his attorney reviewed the Board's file for this lot on April 10, 2000, and forwarded a copy of the letter to him. This letter was wholly ineffective in preventing the 45 day time period from expiring. In particular, Section 31 E requires that"the written statement of reasons, in the case of disapproval shall be sent to the applicantby first class mail, postage prepaid." (emphasis supplied). Here, Christopher Kuhn was listed with his address as the "applicant"for the lot in the permit application. The written statement had to be mailed to him, not to Down Cape Engineering, to be effective. Because it was not, the March 22, 2000, letter did not prevent the 45 day time period from expiring. The necessity of mailing the"written statement' to the"applicant" is illustrated by this matter wherein the applicant, Mr. Kuhn, was completely unaware of the letter until nearly 20 days after its date. 4 lot; and (v) a judgment including an award of damages because the application of the Board's regulations to the lots and/or the failure to grant a permit constituted a temporary or permanent taking of property in violation of the civil rights of the applicants under the United States and Massachusetts Constitutions. A brief summary of the claims (except for the Section 31 E claim) follows. r i A. Restrictions on Variances and Public Water Supply As part of the hearing on each lot, there was significant discussion regarding whether the Planning Board and the Board imposed restrictions on the granting of variances for septic systems on the lots and also requiring a public water supply for each lot when the subdivision creating Lots #38 and #39 was approved in 1989. For each lot, the Board concluded that such a restriction had been placed upon the lots by a Board letter dated June 6, 1989. The applicants believe that such a restriction was never placed upon the lots. First, the .Planning Board's approval of the subdivision does not reference or incorporate by reference the June 6, 1989, Board letter which purports to impose restrictions on variances and require a public water supply. The Planning Board's approval simply states that the approval is subject to "All requirements of the Board of Health." This language cannot be construed to bind the applicants to meet the requirements of the June 6, 1989 letter. Second, the restrictions attempted to be imposed by the Board were deemed unlawful in Fairbairn v. Planning Board of Barnstable, 5 Mass. App. Ct. 171 (1978). In particular, the Fairbairn case unequivocally states "the board of health [in its letters to the Planning Board] would be acting prematurely and unreasonably if it were to take any action with respect to [Title 5] other than requiring the planning board to endorse a condition on the definitive plan to the effect that no dwelling shall be built on any lot without first securing from the board of health the disposal works construction permit required by the code." Fairbairn, at 185 (citations omitted and emphasis supplied). Here, in direct contravention to the Fairbairn decision, the Board attempted to impose requirements on septic systems and public water supply for these lots through the June 6, 1989 letter. Applicants will request that the court declare these attempted restrictions void. In this regard, you should note that the Board has attempted to incorporate these requirement in virtually every subdivision approval since the early 1980s. The applicants will seek a declaration that this restriction is invalid which will have the affect of removing this impediment to development for numerous subdivisions." Third, the attempt to impose a requirement to provide public water exceeded the Board's authority under its regulations. The 1989 Board promulgated a regulation on May 23, 1989, Part XII, Section 3.00, Section 19 (the 1989 Water Regulation"), which " In this regard, applicants may consider requesting that they be considered representatives of the class of land owners to whom the Board has attempted to impose these restrictions and, in that capacity, may request relief for like-situated parties such as notice to all affected property owners. 5 , provides that: "The Board of Health may at its discretion require single family, multi- family, or commercial structures located within 300 feet of a municipal water line, to connect to municipal water." Here, Lot #38 and the proposed dwelling are located more than 400 and 600 feet, respectively, from Scudder Lane, the near water main.' Lot #39 is located an even greater distance from Scudder Lane. This distance is more than twice the distance specified in the 1989 Water Regulation and imposing this requirement exceeded the Board's authority. B. Invalidity of Board Regulations The Board regulations requiring a 100 foot setback from wetlands and 150 feet from private wells have been in effect since 1973 and 1974, respectively. Since that date, Title 5 regulations have been completely revised at least twice (1978 and 1995). Massachusetts General Law Chapter 111, Section 31 requires that a board of health provide a specific justification based on local conditions for local board requirements that are more stringent than Title 5 requirements. The above regulations have been in effect for nearly 30 years and yet the Board has never justified why local conditions require these more stringent setbacks under the revised Title 5 standards. In this regard, it should be noted that a variance is required for both the lots due to post-1974 changes to the definition of wetlands and Title 5 changes which require that the septic tank flow to a soil absorption system rather than a leaching pit. The applicants will seek a declaration that the Board's setback regulations have been preempted by the amendments to Title 5. If the setback restrictions are declared invalid, it will have the affect of removing this impediment to development on numerous lots throughout the Town. C. Improper Denial of Permits As discussed above, the record does not support the Board's denial of the permits on an environmental/public health basis. To obtain a variance the applicants need only show equivalent environmental protection and manifest injustice. With respect to both lots, the Board made no finding at the hearing (nor could they plausibly) that either system affected the nearby wetlands.' Rather, the Board simply held that they would not allow variances from septic system requirements or the need to provide a public 7 The Property is located approximately 400 feet from the water supply line. a With respect to Lot#39, some concerns were raised regarding a well on the corner of an adjacent four acre or more property. While the applicant submitted the opinion of a geologist stating that groundwater flowed away from the well based on the water elevations found in the test holes, the Board expressed concern that the applicant had not adequately demonstrated that the groundwater was not flowing toward the well. While the Board's justification seems to make some sense in the abstract, the well on the neighbors'over 4 acre property is uphill from the septic system and the adjacent saltwater marshes of . West Barnstable. Thus, the Board seemed to want a detailed scientific study to prove the obvious; namely,fresh groundwater does not percolate from a salt marsh to an adjacent upland area which is greater than 25 feet above sea level. Simply, the position of the Board is unsupportable. Furthermore, the Board essentially has allowed the neighboring property owner to render Lot#39 unbuildable by his placement of his well in the comer of his more than four acre lot. 6 water supply on the lots due to the June 6, 1989 letter and because the applicants had not demonstrated "manifest injustice." As explained to the Board, it is impossible to place a system of any capacity on the greater than one acre lots without a variance. The current septic system regulations require a field type soil absorption. These systems require considerably more area than a leaching pit absorption system which was allowed prior to 1995. Thus, the decision of the Board that no variances will be granted for the lots rendered them unbuildable and has deprived my clients of any economically beneficial use of the lots since they do not own adjacent property nor are they suitable for any use other than a single family home. Such deprivation constitutes "manifest injustice Therefore, the applicants were entitled to a variance for both lots. The Board also stated that it would require a public water supply for the lots pursuant to the June 6, 1989 letter, and gave no public health justification. Rather, the Board stated that the applicants had not shown manifest injustice. The applicants presented the following evidence to the Board. A water main runs down Scudder Lane. The Barnstable Fire District Water Department informed the applicants that they would not be allowed to connect at Scudder Lane due to insufficient water pressure. Thus, to connect to public water according to the Fire District, the applicants would need to run a line of at least a half mile to Scudder Lane and reconnect all existing homes to the line. Not only is the cost of such a line economically infeasible for two lots and would benefit numerous other lots, but further the applicants have no right to engage in such work in a public way, namely Scudder Lane. In summary, the applicants adequately demonstrated that it would constitute "manifest injustice" to require than to connect to public water, yet the Board refused to allow a variance. D. Taking of Property The applicants own an interest in two lots which were buildable when they were subdivided. These lots are not postage stamps. Each are approximately 1.5 acres and contain over an acre of upland. The Town has assessed taxes on each lot as if they were buildable. Given their locations and the current real estate market, the retail value of these lots is significant. The actions of the Board have rendered both lots unbuildable. The denial of the permit applications was not based upon any public health impact. Thus, the Board's decision has taken the applicants' property. The United States and Massachusetts Constitutions prohibit the government from taking private property without compensating the owners.'° The applicant's appeal will claim that the Board's actions took their property either: (i) on a temporary basis if the Board's decision is reversed; or (ii) on a permanent basis if the Board's decision is upheld. Because this letter addresses numerous legal issues,-I have provided a copy to Robert- Deprivation of"substantially all beneficial use"constitutes"manifest injustice under Title 5. 310 C.M.R. 15.410(2). '° In this regard, the applicants are considering whether to sue the Board members in both their official and individual capacities. 7 .:Smith for his review. If you have any questions, please feel free to contact me. Very truly yours, Paul Revere, III CC' Robert Smith, Esq. John Klimm 8 ti LAW OFFICES OF PAUL REVERE, III 226 River View Lane Centerville, Massachusetts 02632 (508) 778-7126 April 24, 2000 Tom McKean, RS, CHO Health Agent Health Department Town of Barnstable New Town Hall 367 Main Street Hyannis, Massachusetts 02601 RE: Constructive Approval of Applications for Septic System Disposal Permits Lots 38 and 39, Calves Pasture Lane, Barnstable Village And Notice of Claim For Taking of Property Without Compensation Dear Mr. McKean: Massachusetts General Law Chapter 111, Section 31 E ("Section 31 E") provides that an application for a sewage disposal system "shall be deemed to have been granted" if a local board of health fails to provide a written decision to the "applicant" within 45 days of the board's receipt of a completed permit application. The Barnstable Board of Health ("Board") did not issue a written decision to the applicant disapproving the permit applications for Lots 38 and 39, Calves Pasture Lane, Barnstable within the required 45 day period. Therefore, the permits have been granted for both lots and the applicants will be sending a representative to pick up the permits by the end of this week. Additionally, you should be aware that, if the Health Department, refuses to issue these permits as required by Section 31 E for either lot, an appeal will be filed. The appeal will include the following requests: (i) a declaration that the permits were granted pursuant to Section 31 E; (ii) a declaration that the Town of Barnstable ("Town") unlawfully (or ineffectively) attempted to impose restrictions on the granting of variances for septic systems on the lots and requiring a public water supply for each lot; (iii) a declaration that the Board regulations requiring a 100 foot setback from wetlands and 150 feet from private wells are invalid; (iv) a determination that the Board acted unlawfully when it denied a permit for each lot; and (v) a judgment including an award of damages because the application of the Board's regulations to the lots 1 L . and/or the failure to timely grant a permit constituted a temporary or permanent taking of property in violation of the civil rights of the applicants under the United States and Massachusetts Constitutions. 1. Grant of Permits by Inaction To ensure protection of investment-based expectations and to prevent boards of health from rendering the development of property uneconomic through delay, Massachusetts provides a 45 day time period in which a board of health must act on a permit application. Specifically, Section 31 E provides: Any health officer or board of health for any city, town or district, whose authority includes the issuance of permits for construction, maintenance or alteration of individual sewage disposal systems for residential buildings . . . shall act upon a completed application for such permit to construct, maintain, or alter such system within forty- five days from the date upon which such completed application is filed with said health officer or board of health. If a determination on a completed application is not rendered within forty-five days by the appropriate health officer or board of health, then said permit shall be deemed to have been granted. For the purpose of this section, "action on a completed application" shall mean approval of said application and issuance of the permit to construct, maintain, or alter, or disapproval of said application with a written statement of the reasons for such disapproval. The written statement of reasons, in the case of disapproval shall be sent to the applicant by first class mail, postage prepaid.and shall include the information necessary in order to ascertain why the application or the proposed subsurface sewage disposal system or both fail to comply with local or state code requirements. . . . M.G.L. ch. 111, Sec. 31 E (emphasis supplied). Thus, by its express terms, Section 31 E requires a board of health within 45 days of the submission of a permit application to either issue a permit or a written disapproval to the "applicant." The provisions of Section 31 E apply to applications that include variance requests. 310 C.M.R. 15.411(4).' Here, the Board failed to issue a disapproval for either lot in accordance with the requirements of Section 31 E and, ' 310 C.M.R. 15.411(4) provides:"A request for a variance for a residential facility with four units or less(as described in M.G.L. c. 111, §31 E) shall be deemed constructively approved by the local approving authority if the local approving authority does not act upon it within 45 days of receipt of a complete application. . . . " 2 ti therefore, the permits and variance requests have been granted pursuant to Section 31 E. A. Grant of Permit for Lot#38 The applicant for a septic system on Lot #38 is Laurie Warren. Ms. Warren filed her application for a sewage disposal system permit on November 30, 1999. The application requested a variance from the Board's 100 foot wetland setback regulation.2 The septic system met all of the requirements of the state environmental code and, therefore, the permit application did not request a variance from state Title 5 requirements. After public hearings on December 14, 1999, and January 18, 2000, a revised plan was submitted on January 27, 2000, to the Board. On February 3, 2000, the Board heard further public comments on the application. Not a single comment from the neighbors or the Board at any of the hearings addressed the environmental impact of the proposed system. Rather, the Board and the neighbors focused exclusively on whether the Board should consider variances for the lot and whether the failure to grant a permit would constitute an injustice. The Board then voted at the February 3, 2000, meeting to deny a permit to the applicant. On March 12, 2000, at the latest, the 45 day time period to mail a written decision provided in Section 31 E expired and, on March 19, 2000, more than 45 days elapsed since the public hearing and the Board's vote to deny the permit application. Thus, by March 12, 2000 (and without question by March 19, 2000), the permit application for Lot #38 was granted pursuant to Section 31 E. By letter addressed to the applicant (Laurie Warren) dated March 24, 2000,3 the Board finally provided "a written statements of the reasons for such disapproval." This letter was wholly ineffective because it is dated and was mailed after the 45 day time period expired. Therefore, the septic system permit for Lot #38 has been granted. The applicant, Laurie Warren, will be sending a representative to pick up the permit by the end of this week. B. Grant of Permit for Lot#39 The applicant for a septic system on Lot #39 is Christopher Kuhn. Mr. Kuhn filed his application for a sewage disposal system permit on December 29, 1999. The application requested a variance from the Board's 100 foot wetland setback 2 On page 2 of its letter denying the permit application, the Board states that the applicant failed to apply for a variance from the local requirement for a 100 foot setback from wetlands. A review of the original application and the final revised plan shows that both expressly requested variances for each component of the"sewerage disposal system." In addition, the system and each of its components, and the wetlands on the lot as confirmed by the Conservation Commission are shown on the final revised plan for the Lot #38. Thus, it is ludicrous to assert that the applicant did not request such a variance. 3 The letter appears to have been mailed somewhat later as it was received by the applicant's Hyannis office on March 29, 2000. 3 ti regulation and the Board's 150 foot well setback regulation. The septic system met all of the requirements of the state environmental code and, therefore, the permit application did not request a variance from state Title 5 requirements. A revised plan was submitted on February 22, 2000, to the Board. On March 13, 2000, the Board held a public hearing. Not a single comment from the neighbors or the Board at the hearing addressed the environmental impact of the proposed system on wetlands. Rather, the Board and the neighbors focused on: (i) whether the applicant had sufficiently demonstrated that the groundwater flow in the vicinity of the septic system was away from a neighbors' well; (ii) whether the Board should even consider variances for the lot; and (iii) whether the failure to grant a permit would constitute an injustice. The Board then voted at the March 13, 2000, meeting to deny a permit to the applicant.- On April 7, 2000, at the latest, the 45 day time period to mail a written decision provided in Section 31 E expired. Thus, on April 7,' 2000, the permit application for Lot#39 was granted pursuant to Section 31 E because, by that date, no "written statement of reasons" had been mailed to the "applicant." The applicant, Christopher Kuhn, will be sending a representative to pick up the permit by the end of this week.' 2. Appeal of Denial and Takings Claim If the Health Department, refuses to issue these permits as required by Section 31 E for either lot, an appeal will be filed. The appeal will include the following requests: (i) a declaration that the permits were granted pursuant to Section 31 E; (ii) a declaration that the Town of Barnstable ("Town") unlawfully (or ineffectively) attempted to impose restrictions on the granting of variances for septic systems on the lots and requiring a public water supply for each lot; (iii) a declaration that the Board's regulations requiring a 100 foot setback from wetlands and 150 feet from private wells are invalid; (iv) a determination that the Board acted unlawfully when it denied a permit for each On page 2 of its letter denying the permit application,the Board states that the applicant failed to apply for a variance from the local requirement fora 100 foot setback from wetlands. A review of the original application and the final revised plan shows that both expressly requested variances for each component of the"sewerage disposal system." In addition,the system and each of its components, and the wetlands on the lot as confirmed by the Conservation Commission are shown on the final revised plan for the Lot #39. Thus, it is ludicrous to assert that the applicant did not request such a variance. 5 The Board did send a letter to Down Cape Engineering dated March 22, 2000, purporting to deny the permit and explaining the reasons for the Board's attempted denial of the permit application. The applicant, Christopher Kuhn, first learned of this letter on April 10, 2000, after his attorney reviewed the Board's file for this lot on April 10, 2000, and forwarded a copy of the letter to him. This letter was wholly ineffective in preventing the 45 day time period from expiring. In particular, Section 31 E requires that"the written statement of reasons, in the case of disapproval shall be sent to the applicant by first class mail, postage prepaid." (emphasis supplied). Here, Christopher Kuhn was listed with his address as the "applicant"for the lot in the permit application. The written statement had to be mailed to him, not to Down Cape Engineering,to be effective. Because it was not,the March 22, 2000, letter did not prevent the 45 day time period from expiring. The necessity of mailing the"written statement'to the"applicant" is illustrated by this matter wherein the applicant, Mr. Kuhn, was completely unaware of the letter until nearly 20 days after its date. 4 lot; and (v) a judgment including an award of damages because the application of the Board's regulations to the lots and/or the failure to grant a permit constituted a temporary or permanent taking of property in violation of the civil rights of the applicants under the United States and Massachusetts Constitutions. A brief summary of the claims (except for the Section 31 E claim) follows. A. Restrictions on Variances and Public Water Supply As part of the hearing on each lot, there was significant discussion regarding whether the Planning Board and the Board imposed restrictions on the granting of variances for septic systems on the lots and also requiring a public water supply for each lot when the subdivision creating Lots #88 and #39 was approved in 1989. For each lot, the Board concluded that such a restriction had been placed upon the lots by a Board letter dated June 6, 1989. The applicants believe that such a restriction was never placed upon the lots. First, the Planning Board's approval of the subdivision does not reference or incorporate by reference the June 6, 1989, Board letter which purports to impose restrictions on variances and require a public water supply. The Planning Board's approval simply states that the approval is subject to "All requirements of the Board of Health." This language cannot be construed to bind the applicants to meet the requirements of the June 6, 1989 letter. Second, the restrictions attempted to be imposed by the Board were deemed unlawful in Fairbairn v. Planning Board of Barnstable, 5 Mass. App. Ct. 171 (1978). In particular, the Fairbairn case unequivocally states "the board of health [in its letters to the Planning Board] would be acting prematurely and unreasonably if it were to take any action with respect to [Title 5] other than requiring the planning board to endorse a condition on the definitive plan to the effect that no dwelling shall be built on any lot without first securing from the board of health the disposal. works construction permit required by the code." Fairbairn, at 185 (citations omitted and emphasis supplied). Here, in direct contravention to the Fairbairn decision, the Board attempted to impose requirements on septic systems and public water supply for these lots through the June 6, 1989 letter. Applicants will request that the court declare these attempted restrictions void. In this regard, you should note that the Board has attempted to incorporate these requirement in virtually every subdivision approval since the early 1980s. The applicants will seek a declaration that this restriction is invalid which will have the affect of removing this impediment to development for numerous subdivisions.6 Third, the attempt to impose a requirement to provide public water exceeded the Board's authority under its regulations. The 1989 Board promulgated a regulation on May 23, 1989, Part XII, Section 3.00, Section 19 (the 1989 Water Regulation"), which 6 In this regard, applicants may consider requesting that they be considered representatives of the class of land owners to whom the Board has attempted to impose these restrictions and, in that capacity, may request relief for like-situated parties such as notice to all affected property owners. 5 F provides that: "The Board of Health may at its discretion require single family, multi- family, or commercial structures located within 300 feet of a municipal water line, to connect to municipal water." Here, Lot #38 and the proposed dwelling are located more than 400 and 600 feet, respectively, from Scudder Lane, the near water main.' Lot #39 is located an even greater distance from Scudder Lane. This distance is more than twice the distance specified in the 1989 Water Regulation and imposing this requirement exceeded the Board's authority. B. Invalidity of Board Regulations The Board regulations requiring a 100 foot setback from wetlands and 150 feet from private wells have been in effect since 1973 and 1974, respectively. Since that date, Title 5 regulations 'have been completely revised at least twice (1978 and 1995). Massachusetts General Law Chapter 111, Section 31 requires that a board of health provide a specific justification based' on local conditions for local board requirements that are more stringent than Title 5 requirements. The above regulations have been in effect for nearly 30 years and yet the Board has never justified why local conditions require these more stringent setbacks under the revised Title 5 standards. In this regard, it should be noted that a variance is required for both the lots due to post-1974 changes to the definition of wetlands and Title 5 changes which require that the septic tank flow to a soil absorption system rather than a leaching pit. The applicants will seek a declaration that the Board's setback regulations have been preempted by the amendments to Title 5. If the setback restrictions are declared invalid, it will have the affect of removing this impediment to development on numerous lots throughout the Town. C. Improper Denial of Permits As discussed above, the record does not support the Board's denial of the permits on an environmental/public health basis. To obtain a variance the. applicants need only show equivalent environmental protection and manifest injustice. With respect to both lots, the Board made no finding at the hearing (nor could they plausibly) that either system affected the nearby wetlands." Rather, the Board simply held that they would not allow variances from septic system requirements or the need to provide a public The Property is located approximately 400 feet from the water supply line. 6 With respect to Lot#39, some concerns were raised regarding a well on the corner of an adjacent four acre or more property. While the applicant submitted the opinion of a geologist stating that groundwater flowed away from the well based on the water elevations found in the test holes, the Board expressed concern that the applicant had not adequately demonstrated that the groundwater was not flowing toward the well. While the Board's justification seems to make some sense in the abstract,the well on the neighbors'over 4 acre property is uphill from the septic system and the adjacent salt water marshes of West Barnstable. Thus,the Board seemed to want a detailed scientific study to prove the obvious; namely,fresh groundwater does not percolate from a salt marsh to an adjacent upland area which is greater than 25 feet above sea level. Simply,the position of the Board is unsupportable. Furthermore, the Board essentially has allowed the neighboring property owner to render Lot#39 unbuildable by his placement of his well in the corner of his more than four acre lot. 6 water supply on the lots due to the June 6, 1989 letter and because the applicants had not demonstrated "manifest injustice." As explained to the Board, it is impossible to place a system of any capacity on the greater than one acre lots without a variance. The current septic system regulations require a field type soil absorption. These systems require considerably more area than a leaching pit absorption system which was allowed prior to 1995. Thus, the decision of the Board that no variances will be granted for the lots rendered them unbuildable and has deprived my clients of any economically beneficial use of the lots since they do not own adjacent property nor are they suitable for any use other than a single family home. Such deprivation constitutes "manifest injustice".' Therefore, the applicants were entitled to a variance for both lots. The Board also stated that it would require a public water supply for the lots pursuant to the June 6, 1989 letter, and gave no public health justification. Rather, the Board stated that the applicants had not shown manifest injustice. The applicants presented the following evidence to the Board. A water main runs down Scudder Lane. The Barnstable Fire District Water Department informed the applicants that they would not be allowed to connect at Scudder Lane due to insufficient water pressure. Thus, to connect to public water according to the Fire District, the applicants would need to run a line of at least a half mile to Scudder Lane and reconnect all existing homes to the line. Not only is the cost of such a line economically infeasible for two lots and would benefit numerous other lots, but further the applicants have no right to engage in such work in a public way, namely Scudder Lane. In summary, the applicants adequately demonstrated that it would constitute "manifest injustice" to require than to connect to public water, yet the Board refused to allow a variance. D. Taking of Property The applicants own an interest in two lots which were buildable when they were subdivided. These lots are not postage stamps. Each are approximately 1.5 acres and contain over an acre of upland. The Town has assessed taxes on each lot as if they were buildable. Given their locations and the current real estate market, the retail value of these lots is significant. The actions of the Board have rendered both lots unbuildable. The denial of the permit applications was not based upon any public health impact. Thus, the Board's decision has taken the applicants' property. The United States and Massachusetts Constitutions prohibit the government from taking private property without compensating the owners.'° The applicant's appeal will claim that the Board's actions took their property either: (i) on a temporary basis if the Board's decision is reversed; or (ii) on a permanent basis if the Board's decision is upheld. Because this letter addresses numerous legal issues, I have provided a copy to Robert 9 Deprivation of"substantially all beneficial use"constitutes"manifest injustice under Title 5. 310 C.M.R. 15.410(2). 10 In this regard,the applicants are considering whether to sue the Board members in both their official and individual capacities. 7 Smith for his review. If you have any questions, please feel free to contact me. Very truly yours, I� Paul Revere, III cc: Robert Smith, Esq. John Klimm 8 e Date: August 21,2000, To: Tom McKean,Director of Public Health,T.O. r From: David Houghton,Assistant Town Attorney Subject: Administrative Record Transcript and Copies Complaint of Kuhn&Warren v.Bd.of Health,C.A.#00-285 Legal Ref. #2000-0074 ---------------------------------------------------------------------------------------------------------- Thank you for having Barbar Sullivan prepare the hearing transcript. She did a great job. To complete the administrative record,we will still need copies of all the applications and documents submitted as part of the hearing and determination. This task will need to be completed by August 30 or we could be placed in jeopardy of losing the case. Would you kindly prepare these materials and then contact me so that I can review them with you. I will be away August 22-24,but please contact me thereafter if you have any questions. Thank you again OE SHE T �y ofyy DATE.:. y O,� FEE: 0 Baxysras[.E. y MASS. ib39. REC. BY Town of Barnstable SCHED. DATE: Board of Health 367 Main Street, Hyannis MA 02601 Office: 508-862-4644 ' Susan G.Rask,R.S. FAX: 508-790-6304 Sumner Kaufman,M.S.P.H. Ralph A.Murphy,M.D. VARIANCE REQUEST FORM LOCATION C Property Address: � 1' P rtY Assessor's Map and Parcel Number: 5°I 1-3 Size of Lot: SF Wetlands Within 300 Ft. Yes x Business Name: No Subdivision Name: APPLICANT'S NAME: Phone Did the owner of the property authorize you to represent him or her? Yes X, No PROPERTY OWNER'S NAME CONTACT PERSON G I.k 2cs l��t t-t-nt Name: 1--o'"e-tiE k Name: Address: (��( `��moat. S� , t S Address: 4?-( (r;r i Phone: hone: VARIANCE FROM REGULATION(List Reg.) REASON FOR V 1 Ia attach if m e pae a ed) VtlI Se`"llowl 1,0 : too a>GLr• (�Ei TLC2 �t11 5e4TVC4 Alt tti�; v4ew NATURE OF WORK: House Addition ❑ House Renovation Cl Repair of Failed Septic System ❑ Nr-)-k C V/J sTa-LALT10� — Checklist(to be completed by office staff-person receiving variance request application) K Four(4)copies of the completed variance request form Four(4)copies ofengineered plan submitted(e.g.septic system plans) k Four(4)copies of labeied dimensional floor plans submitted(e.g.house.plarts or restaurnt kitchen plans) Yf Signed letter stating that the property owner authorized you to represent him/her for this request f< Applicant understands that the abutters must be notified by certified mail at least ten days prior to meeting date at applicant's expense (for Title V and/or local sewage regulation variances only) Full menu submitted(for grease trap variance requests only) Variance request application fee collected(no fee for lifeguard modification renewals,grease trap variance renewals(same . owner/leasee only],outside dining variance renewals(same owner/leasee only],and variances to repair failed sewage disposal systems (only if no expansion to the building proposed]) Variance request submitted at least 15 days prior to meeting date VARIANCE APPROVED Susan G.Rask,R.S.,Chairman NOT APPROVED Sumner Kaufman,M.S.P.H. REASON FOR DISAPPROVAL Ralph A.Murphy,M.D. Q:/NP/VARIREQ _: ;._•. 310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING 15.01: continued water-carried utrescible waste resulting from Sanity Sewa e. Any p g e isc arge of water closets, laundry tubs, washing machines, sinks, showers, dishwashers, or any other source. Sanitary sx. A..pipe which carries sewage without storm, surface, or gr)und w t rS. Scum. A mass of solids floating at the surface of a septic tank. Se to e. That material removed from any part of an individual sewage Ulspos7il system. Se tic Tank: A watertight receptacle which receives the discharge of sewage rom a building sewer, and is designed and constructed so as to permit the retention of scum'and sludge, digestion of the organic matter, and discharge of the liquid portion to a leaching facility. Sewage. Sewage means sanitary sewage. Sewacre Disposal Area. The. area used for subsurface dispersion of the liquid portion ot sewage. Subsurface Drain. Any underground conduit used for the conveyance of water, including curtain drain. 4 Watercourse. Any natural or man-made stream, pond, lake, wetland, coastal wetland, swamp or other body of rater and shall agroundlinclude lu a weet .x. meadows,. marshes, . swamps, bogs and flowing or standing surface water or ice provide a significant part of the supporting substrate for a plant community for at least five months _ of the year. 4• Swamp, shall mean areas where ground water is at or near the surface ' of the ground for a significant part of the growing season or where runoff water from surface drainage frequently collects above the soil surface. i Coastal Wetland, shall• mean any bank, marsh, swamp, flat or other lowland subject to tidal action. 15.02: General Requirements) (1) Disposal Works Construction Permit. No individual sewage dis- posal system or other means of sewage disposal shall be located, con- structed, altered, repaired, or installed where a common sanitary sewer is accessible adjoining the property and• where permission to enter such sewer can be obtained from the authority having juris- diction over it (310 CMR 15.03(il)) or if a common sanitary sewer is not accessible until a permit for its location, construction, alteration, repair, or installation shall have been issued by the Board of Health. A permit shall not be issued for any system of individual sewage disposal when the total volume of the sewage to be disposed of on any lot is in excess of 15,000 gallons'per day, or where sewage treatment facilities are proposed on the lot to be served, until the plans for such system have been approved by the Massachusetts Department of Environmental Quality Engineering in accordance with G. L. C. 111, S. 17. Where sewage flows on a lot exceed 15,000 gallons per day, the Department of Environmental Quality Engineering may require additional treatment of the waste prior to its disposal to the ground. 1 The applicant should be aware of his obligation to comply with the requirements established by the Division of Water Pollution Control pursuant to G. L. c. 21 s. 43, and the Wetlands Protection Act, G. L. c. 131, s. 40. V ol'l /.Z - ,2.30 .. .. -- . �..-.�..__ .......•+w.P...� ... ......wt..<urr.�. n...:✓.rrm.. .. .._ -.r,.....:4.,w.•• w. ......q °A!Nitl6�:M,' August 24, 1999 Ms. Susan G. Rask,R.S. Chairman; Barnstable-Board of Health Horsley&Witten,Inc. 376Main.Street Sextant Hill Hyannis,MA 02601 90 Route 6A Sandwich,MA 02563 Calves Pasture Lane, Assessors Map 259,Parcels 38 &39 (508)833-6600 Dear Madame Chairman, Fax(508)833-3150 I am writing to.you to present an issue pertaining to the proposed development of the subject parcels of land on Calves.Pasture Lane. We are reviewing this project on behalf of the abutting property owners. Among the many issues of concern with this project, is the location of several wetlands and watercourses on, and adjacent to, the subject take parcels. In order to understand the approach the Board will- theish towith applicant over,a prospective septic system design,we w confirm the Board's.interpretation of the Board's Onsite Sewage Disposal Regulations. With regard to these Town regulations, Part VIR, Section 10.00, subsection 1.13 (attached),refers to the requirement that "No person, company, corporation, entity,.trust or firm shall install an onsite sewage al-sys`cc�� aa«. €� tl�rrrene-ltfe �99j feet .. Water course, as defined in 310 CMR 15.00: THE STATE ENVIRONMENTAL CODE,TITLE 5• MINIMUIyI REQUIREMENTS FOR THE SUBSURFACE DISPOSAL OF SANITARY SEWAGE. Section 15.01 Definitions." After a recent site visit, it was found that several wetland ar as.on the site connect to other watercourse/wetlands areas to the north and east of the parcels via culverts under Calves Pasture Lane. We feel that based on the above and the Town definition of Watercourses, that the wetlands shown on the attached plan dated April 5, 1999, prepared by Down Cape Engineering, Inc., are indeed watercourses. Dr. Jo Ann Muramoto of our office conducted a site s sit (memo attached) to confirm this position. Dr. Muramoto h ive experience in this area"of wetland and watercourse definition through Boston&Sandwich,MA Ms:Susan G. Rask August 24, 1999 I Page 2 . Iher four.years tenure as the Falmouth Conservation Agent until recently joining Horsley and Witten, Inc. We respectfully request you review the attached documentation and provide us a.written response confirming our position in this matter. Thank you for your assistance witl this project, and please call if you have any questions.- Sincerely, I HORSLEY &WITTEN,INC. Edward L. Pesce,P.E. Senior Environmental Engineer. i Enclosures cc: Mr. Charles Sabatt j i Horsley&Witten,Inc. No. Fee. 7n.; THE COMMONWEALTH OF MASSACHUSETTSPUBLIC HEALTH DIVISION - TOWN OF BARNSTABLE., MASSACHUSETT S 01ppItcatton for Dtgoml *pgtem Con$tructton VermttD PC d�Q Application is hereby made for a Permit to Construct(,k)or Repair( )an On-site Sewage Disposal System at: To"pARN S o \�999 ST Location Address or Lot No. LVT 'y C( Owner's Name,Address and Tel.No. n A8 �" CA-,V r'4- PA- 'T-"2f_ L_4 \'> .6 r � Installer's Name,Address,and Tel.No. Designer's Name,Address and Tel.No. 93� /hel{y r4 Type of Building: �i Dwelling No.of Bedrooms Garbage Grinder( ) Other Type of Building No. of Persons. Showers( ) Cafeteria( ) Other Fixtures Design Flow S30 gallons per day. Calculated daily flow •� gallons. Plan Date {7- 2,-1 al Number of sheets I Revision Date Title - t S le J1W A.f PI-+acy l, • Description of Soil '_7kf— i Nature of Repairs or Alterations(Answer when applicable) Date last inspected: Agreement: The undersigned agrees to ensure the construction and maintenance of the afore described on-site sewage disposal system in accordance with the provisions of Title 5 of the Environmental Code and not to place the system in operation until a Certifi- cate of Compliance has been issued by this Board of Health. Signed Date Application Approved by Application Disapproved for the following reasons Permit No. Date issued THE COMMONWEALTH OF MASSACHUSETTS PUBLIC HEALTH DIVISION - BARNSTABLE, MASSACHUSETTS Certtftcate of CompItance THIS IS TO CERTIFY,that the On-site Sewage Disposal System installed( )or repaired/replaced( )on by for as has been constructed in accordance with the provisions of Title 5 and the for Disposal System Construction Permit No. dated Use of this system is conditioned on compliance with the provisions set forth below: No. Fee THE COMMONWEALTH OF MASSACHUSETTS PUBLIC HEALTH DIVISION - BARNSTABLE. MASSACHUSETTS 1wtgpoar *pgtem Con5tructton Vermtt Permission is hereby granted to to construct( )repair( )an On-site Sewage System located at and as described in the above Application for Disposal System Construction Permit. The applicant recognizes his/her duty to comply with Title 5 and the following local provisions or special conditions. All construction must be completed within two years of the date below. Date: Approved by 53 � ..i - r ., .,.s� ""..� ,,.- n.,• ._..r .. " i.. � -fr .�. .. .. �°` i..-s..rr.•..+%.:: « - a,�...t.,,,+..yj•.,.�,i�„ `5 �.•. ., fir .. -. ~� No , \` f Fee `, `4 THE COMMONWEALTH OF MASSACHUSETTS r r PUBLIC HEALTH DIVISION TOWN OF BARNSTABLE., MASSACHUSETTS ZIPpli'catton for Mizpozal *pgtem Cow5trurtton Permit ,r Application is hereby made for a Permit to.Construct(k)or Repair( )an On-site Sewage Disposal System at: Location Address or Lot No. LOT 3 C( Owner's Name,Address and Tel.No. G�t.•-Vic' PAr'�:T?..'+2� �-•!� , i Installer's Name,Address,and Tel.No. Designer's Name,Address and Tel.No. . Type of Building: Dwelling No.of Bedrooms Garbage.Grinder( ) `- Other Type of Building No. of Persons Showers( . ) Cafeteria( ) Other Fixtures - 3 esign Flow gallons per day. Calculated daily flow i a gallons. 4 P1an,.Date (� �-, Number of sheets t Revision Date Title tZr W > Pt-�`M Iso i 1.,,5• ---= ,Description of Soil �7t r Nature.of Repairs or Alterations(Answer when applicable) .Date last inspected:. ",.;.Agreement: The undersigned agrees to ensure the construction and maintenance of the afore described on=site sewage disposal system in accordance with the provisions of Title 5 of the Environmental Code and not to place the system in operation until.a Certifi- cate of Compliance has been issaed.by this Board of Health. Signed Date X: Application Approved by Application Disapproved for the following reasons t Permit No. Date Issued , THE COMMONWEALTH OF MASSACHUSETTS PUBLIC HEALTH.DIVISION - BARNSTABLE,'MASSACHUSETTS certificate of �otrYlince THIS IS TO CERTIFY that the On-site Sewage Disposal System"installed(: )or repairedheplaced( )on, by for as has been constructed in-'accordance with the provisions.of Title 5 and the for Disposal Systdm Construction Permit No. dated Use of this system is conditioned on compliance with the provisions set forth below: . No. Fee THE COMMONWEALTH OF MASSACHUSETTS PUBLIC HEALTH DIVISION - BARNSTABLE MASSACHUSETTS 1wigo5al *p5tem� Con5truction Vermit Permission is hereby granted to - to construct( )repair(- )an'On-site-Sewage System located at, and as described in the above Application for Disposal System Construction Permit.The applicant recognizes his/her duty to comply with Title 5 and the following local provisions or special conditions. All construction must be completed within two years of the date below. Date: Approved by i ,, 0, Tot siu re— tel.(508)362-4541 <y •939 main street rt 6a fax(508)362-9880 yarmouth port mass 02675. down cape engineering civil engineers& land surveyors structural design Arne H.Ojala P.E., P.L.S. Timothy H.Covell, P.L.S. land court December 28, 1999 Daniel A.Ojala,P.L.S. surveys Barnstable Board of Health site planning 367 Main Street Hyannis,MA 02601 sewage system Re: Lot 39 Calves Pasture Lane, Barnstable Village designs Dear Board Members: inspections On behalf of our client, we are hereby requesting variances under Town of Barnstable Health Regulation Part VIII, Section 1.00 and Part XII, Section III(12). Specifically, permits the variances are as follows: Part VIII, Section 1.00: t 1. Proposed primary leaching facility to be 75' from the edge of a bordering vegetated wetland (25' variance requested); septic tank to be 83' to the edge of wetland (17' variance) 2. Proposed reserve leaching facility to be 51' from the edge of a bordering vegetated wetland(49' variance requested) Part XII, Section III(12): 3. Proposed primary leaching facility to be 100' to existing well (50' variance requested);proposed reserve to be 120' to existing well(30' variance) 4. Proposed well to be 106' to proposed primary leaching facility and 101' to reserve (44' and 49' variances respectively) The resource area delineations shown on the plan have been confirmed by the Conservation Commission under filing SE3-3494. These resource areas include bordering vegetated wetland, intermittent stream, salt marsh, coastal bank, land under waterways, and land subject to coastal storm flowage. According to a report submitted by ENSR to the Conservation Commission as part of the resource area delineation filing, surface waters originating from a swamp to the northeast of Lot 38 flow intermittently via three culverts under Calves Pasture Lane during storm events. The water is discharged onto Lot 39 and the abutting Lot 38. 71 Test holes performed over previous years in various areas of the lot have indicated the presence of silt loam and sandy loam soils to depths of as much as 14.5'. Due to the impervious nature of the soils present and the fact that there are no man-made drainage structures on Lot 39,the surface waters originating from the swamp to the northeast are not able to percolate downward on Lot 39 (i.e. it is perched water) and,therefore, the surface waters are not hydraulically connected to groundwater on the lot. The discharge point for these surface waters is the salt marsh to the south of Lot 38 and Lot 39. It is our belief that the subsurface discharge will travel in excess of 100 feet before the possibility of contact with wetland can occur;therefore,the septic system is effectively greater than 100' to the wetlands. The closest point of the primary leaching facility to this perched wetland community is 75'. The base of the primary leaching facility is 15' above the true groundwater level (here, elevation 6.3'). The reserve area is shown and the setback variances formally requested as required;however, in reality, should the primary system fail, it is to be replaced in its entirety with all contaminated soils removed for 5' around the facility. There is no other location on the property where a sewerage disposal system could be located that has a greater setback from adjacent wetlands or the abutting/proposed well. Town water is not available to this lot, as per Town of Barnstable Water Department. We meet the Title 5 well/septic setback requirement. In sum, enforcement of full compliance with local setback requirements would be "manifestly unjust"considering that the system is at least as environmentally protective as a system which meets the setback requirements. The DeFeo.and Waite study performed as a precursor to th Title 5 `95 regulation changes indicated that the critical "treatment" area for the effluent is at the immediate base of the leaching facility- and that requiring 5' groundwater separation is more effective than maintaining the required [Title 5] setback to wetland areas. I look forward to meeting with the Board to discuss the proposed plan. Very truly yours, Arne H. Ojala, PE, PLS Down Cape Engineering, Inc. �a e Laurie A Warren December 14, 1999 Page 2 slopes). The Boxford soil series is not listed as a hydHc soil series according to Hydric Soils of New England (liner and Veneman, 1987). Permeability in the subsoil and substratum of these soils is typically slow or very slow due to the silty and clayey sediments within which these soils formed. ENSR's soil profile observations to depths of approximately 24 inches were consistent with information prpvided in the soil survey. It is likely that the percolation of surface water flowing down a slope comprised of these soils would be limited. These soil conditions would likely result in a perched water table, which would contribute to the conditions favoring the growth of a community of wetland-indicator plants. Down Cape Engineering reported that on Lot 38 during a percolation test that occurred June 3, 1999 the depth to groundwater observed in test hole 1 was greater than 18 feet. Similarly, in test hole 2 on July 6, 1999 the depth to groundwater was greater than 13 feet. From this information, it appears that groundwater is at a significant depth below the soil surface. ENSR believes that water at this depth would not be responsible for producing aquic conditions near the soil surface (i.e., the root Zone) that would result in the growth of a characteristic community of wetland indicator plants. It is our opinion that the surface water flow and not the presence of an elevated groundwater water table results in the aquic conditions exhibited by the bordering vegetated wetland on Lot 38. This opinion is based upon the following observations: • the predominance of facultative and some facultative-upland plants in the wetland community, • the reported depth to groundwater in the percolation test areas on the property, and • the permeability characteristics of the soils on this site resulting in a perched water table. If ENSR is able to provide you with additional services for this project, please do not hesitate to contact me. Sincerely, E R D. Michael Ba Wetland Scientist Cc: Ame H. Ojala, PE TOTAL P.03 5 l Celebrating 30 Years of Excellence in Environmental Services 95 Slate Road 8=ards Bay.MA o'=" December 14, 1999 (508)888.3900 . FAX1(506)8OM9 web:h":JJwww.ensr.ocm Laurie A. Warren - Kilroy &Warren, P.C. 67 School Street P.O. Box 950 Hyannis, Massachusetts 02601-0960 8726-519 RE: Review of Wetland and Surface Water Flow Information Calves Pasture Lane, Lot 38 Barnstable, Massachusetts Dear Laurie: As requested, ENSR has reviewed the percolation test information provided by Down Cape Engineering, Inc. in addition to the field observations that we collected at the above- referenced site. It is our understanding that you are requesting a variance from the regulations governing required setbacks from jurisdictional wetland resource areas. The Barnstable Conservation Commission ("BCC") determined that the boundaries of the wetland resource areas, which were delineated by ENSR in 1998, were accurate. The BCC approved these boundaries for a three-year period when they issued an Order of F Resource Area Delineation (WPA Form 413) on April 6; 1999. On several occasions from 1996 to 1999 ENSR observed conditions on Lot 38 and on adjacent lots for the purpose of wetland boundary delineation and to better understand surface water flow patterns. We concluded that the stream flows observed on Lot 38 were intermittent in nature and that these flows originated from a scrub-shrub swamp located to the north of Lot 38. During significant storm events, and primarily during the winter and early spring, several channels directed surface water from this wetland onto Lot 38 and adjacent Lot 39. The water entered onto these properties through cross- culverts installed beneath Calves Pasture Lane. The stream located on the eastern half of Lot 38 was located within a relatively narrow shrub-dominated wetland plant community. We believe that it is the water from this a; stream that creates the conditions primarily responsible for the growth of wetland- indicator plants. The species most commonly observed in this bordering wetland community was northern arrowwood (Viburnum dentatum), a facultative-wetland indicator plant. Facultative plants have a 34-66 percent frequency of occurrence in wetlands or in upland communities (Wetland Indicators, Tiner, 1999). Species including Morrow's honeysuckle (Lonicera morrowir) and eastern red cedar (Juniperus virginiana) were also observed as part of the bordering wetland and adjacent upland. Both of these species are facultative-upland indicator plants. Facultative-upland plants have a 1-33 percent frequency of occurrence in wetlands (Tiner, 1999). According to the Barnstable County Soil Survey (Soil Conservation Service, 1983)(4the soil survey"), Lot 38 is located within an area mapped as a Boxford silt loam (3-8 percent ® Consulting • Engineering • Remediation I ` 1Tti:i•„ r r; August 24, 1999. Ms. Susan G. Rask R.S. Horsley&Witten, Inc. Chairman, Barnstable Board of Health 376 Main Street Sextant Hill Hyannis, MA 02601 90 Route 6A Sandwich,MA 02563 RE: Calves Pasture Lane,.Assessors Map 259, Parcels 38 &39 15081833 6600 Dear Madame Chairman, Fex.l50B►833-3150 I am writing to.you-to present an issue pertaining to the proposed development of the-subject parcels of land on Calves.Pasture Lane. We are.reviewing this project on behalf of the abutting property owners. Among the many issues of concern with this project, is the location of several wetlands and watercourses on, and adjacent to, the subject parcels. In order to understand the approach the Board will take with the applicant over a prospective septic system design, we wish to confirm the Board's interpretation of the Board's Onsite Sewage Disposal Regulations. With regard to these Town regulations, Part VIII, Section 10.00, subsection L13 (attached), refers to the requirement'that "No person, company, corporation, entity,.trust or firm.shall install an onsite sewage systeM a£itl# u- �ivv ndred ( nm �of cu � feet a Watercourse, as defined in 310 CMR 15.00: THE STATE ENVIRONMENTAL CODE, TITLE 5: MINIMUM REQUIREMENTS FOR THE SUBSURFACE DISPOSAL OF SANITARY SEWAGE. Section 15.01 Definitions." After a recent site visit, it was found that several wetland areas on the site connect to other watercourse/wetlands areas to the north and east of the parcels via culverts under Calves Pasture Lane. We feel that based on the above and the TowrY definition of Watercourses, that.the.wetlands shown on the attached plan dated April 5, 1999, prepared by Down Cape Engineering, Inc., are indeed watercourses. Dr: Jo Ann Muramoto of our office conducted a site visit (memo attached) to confirm this position. Dr. Muramoto has extensive experience in this area of wetland and watercourse definition through Boston&Sandwich.MA R , - Ms. Susan G. Rask August 24, 1999 i Page 2 - her four years tenure as the Falmouth Conservation Agent until recently joining Horsley and Witten, Inc. We respectfully request you review fhe attached documentation and provide us a_written response confirming our position in this matter. Thank you for your assistance with this project, and please call if you have any questions. Sincerely, HORSLEY &WITTEN, INC. Edward L. Pesce, P.E. Senior Environmental Engineer. Enclosures i cc: Mr. Charles Sabatt I Horsley&Witten,Inc. PART VIII: ONSITE SEWAGE DISPOSAL REGULATIONS SECTION 10.00 ONSITE SEWAGE DISPOSAL CONSTRUCTION ADOPTED 6/11/91, BECAME EFFECTIVE 6/11/91, REVISED 2/11/92 THE f teai3rAaL BOARD OF HEALTH NAB& °o 039• 367 MAIN STREET �D Nix k• HYANNIS, MASS.02601 t ON-SITE SEWAGE DISPOSAL CONSTRUCTION The Board of Health, Town of Barnstable, Massachusetts, in accordance with, and under the authority granted by Section 31, of Chapter 111, of the General laws of the Commonwealth of Massachusetts, hereby adopted the following rules and regulations after public hearings of the Board of Health were held on May 14, 1991, June 11, 1991, July 23, 1991 , January 14, 1992, January 28, 1992 , and February 11, 1992: Purpose: On-site sewage disposal systems designed to meet 310 CMR, 15.00: The State Environmental Code Title 5, Minimum Requirements for the Subsurface Disposal of Sanitary Sewage have not proven to be adequate protection from viruses, pathogens, and other contaminants of groundwater and surface water particularly in areas where there is a lack of filtration due to the existence of sandy materials tested to have fast percolation rates. Scientists have observed virus entrainment in groundwater to distances of greater than 200 feet from where they were introduced to the subsurface through a conventional onsite sewage disposal system. In saturated or groundwater flow, viruses can travel unattenuated in medium-to-coarse sands. Human consumption of viruses, pathogens, and other contaminants which enter shellfish resource areas, swimming areas, and/or within' zones of contribution to public water supply wells can place the public at risk to disease. SECTION 1.1 General Requirements. 1.11 Application for Disposal Works Construction Permit: An application for a disposal works construction permit shall be submitted to the Board of Health and must be issued subsequent to this application shall be invalidated if conditions different than those set forth in the application are found prior to, during actual construction, or within a reasonable time after construction of the onsite sewage disposal system. 1.12 Plan of Onsite Sewage Disposal System: The submitted plan must show as a minimum: the lot to be served, location and dimensions of the system (including reserve area), design calculations, existing and proposed contours, location and log of deep observation holes, location and results of percolation tests, location of any streams, surface and subsurface drains and wetlands withi feet of the sewage disposal system, known sources of water supply within _ZOO feet of a sewage disposal system, location of any proposed well to serve the 1 t, ocation of water lines on the property, maximum ground water elevation in the area of the sewage disposal system, and a profile of the system. The plan must be prepared by a Professional Engineer or other professional authr- zed bylaw to prepare such plans. 1.13 No person, company, corporation, entity, trust or firm shall install an onsite sewage disposal system leaching facility within one-hundred 100 feet of a tercourse� as defined in 310 CMR 15.00: THE STATE ENVIRONMENTAL CODE, TITLE 5:MINIMUM REQUIREMENTS FOR THE SUBSURFACE DISPOSAL OF SANITARY SEWAGE. Section 15.01 Definitions. 310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY E`'GINEERING 's - 15.01: continued SanitarySewa e. Any water-carried putrescible waste resulting from e isc arge of water closets, laundry tubs, washing machines, sinks, showers, dishwashers, or any other source. Sanitar .Sewer. A pipe which carries sewage without storm, surface, or ground waters. Scum. A mass of solids floating at the surface of a septic tank. Se to e. That material removed from any part of an individual sewage disposal system. x Septic Tank: A watertight receptacle which receives the discharge of sewage from a building sewer, and is designed and constructed so as to permit the retention of scum and sludge, digestion of the organic matter, and discharge of the liquid portion to a lez:hing facility. Sewage. Sewage means sanitary sewage. Sewa a Disposal Area. The area used for subsurface dispersion of the 1PU—nd portion at sewage. Subsurface Drain. Any underground conduit used for the conveyance of water, including curtain drain. s 4 Watercourse. Any natural or man-made stream, pond, lake, wetland, coastal we and, swamp or other body of water and shall include wet .r, meadows,. marshes, swamps, bogs and areas .where ground water, flowing or standing surface water or ice provide a significant part of the supporting substrate for a plant community for at least five months _ of the year. ►.= Swamp, shall mean areas where ground water is at or near the surface of the ground for a significant part of the growing season or where runoff water from surface drainage frequently collects above the soil surface. Coastal Wetland, shall mean any bank, marsh, swamp, flat or other lowland subject to tidal action. 15.02: General Requirements) (1) Disposal Works Construction Permit. No individual sewage dis- posal system or otner means at sewage disposal shall be located, con- structed, altered, repaired, or installed where a common sanitary sewer is accessible adjoining the property* and where permission to enter such sewer can be obtained from the authority having juris- diction over it (310 CMR 15.03(11)) or if a common sanitary sewer is not accessible until a permit for its location, construction, alteration, j repair, or installation shall have been issued by the Board of Health. A permit shall not be issued for any system of individual sewage disposal when the total volume of the sewage to be disposed of on any r: lot is in excess of 15,000 gallons'per day, or where sewage treatment facilities are proposed on the lot to be served, until_ the :puns for such system have been approved by the Massachusetts Department of Environmental Quality Engineering in accordance with G. L. C. 111, S. 17. Where sewage flows on a lot exceed 15,000 gallons per. day, the Department of Environmental Quality Engineering may require additional treatment of the waste prior to its disposal to tl:e ground. 1 The applicant should be aware of his obligation to comply with the requirements established by the Division of Water Pollution Control pursuant to G. L. c. 21 s. 43, and the Wetlands Protection Act, G. L. c. 131, s. 40: �/��78 I .230 a:. MEMORANDUM Horsley&Witten; Inc. TO: Mr. Edward Pesce . r Sextant Hill I! FROM: Dr. Jo Ann Muramoto 76 90 Route 6A Sandwich;MA 02563 DATE: Thursday, August 12, 1999 (508)833.6600 RE: Status of Wetland and Watercourse located at Calves Pasture Lane Fax(508)833-3150 I visited the wetlands at Lots 38 and 39 Calves Pasture Lane, Barnstable, MA, on July 27, 1999. I can verify that the wetlands are delineated correctly as depicted on the Site Plan prepared by Down Cape. Engineering. Inc., as .revised date on April 5, 1999. The Conservation Commission has apparently approved the Resource Area delineation according to this plan of reference. The Resource Areas present include a Bordering Vegetated Wetland, a Coastal Bank, Land Subject to Coastal Storm Flowage (Flood Zone A3 el. 11% an Area of Critical Environmental Concern or ACEC. Additional areas under wetland jurisdiction include the 100 foot jurisdictional buffer zone to the Bordering Vegetated Wetland and top of Coastal Bank. The Bordering Vegetated Wetland was dominated.by wetland shrubs and trees and is probably watered by a combination of high groundwater and surface water runoff that enters the.area from.the three culverts shown on the plan. The wetland type represented by this Bordering Vegetated Wetland is a swamp, according to the definition in the Wetland Protection Act (M.G.L.s.131, S.40) and Wetland Protection Regulations (310 CMR 10.00). There were slight channels that have been eroded by flowing water originating from the culverts. The regulations of the Barnstable Board of Health, concerning siting of a sewage disposal system, state that "No person, company, corporation, entity;-trust or firm shall install an onsite sewage disposal systezrt leaching facility.within one-hundred (100) feet of a Watercourse;as defined in 310 CMR 15.00: THE STATE ENVIRONMENTAL CODE, .TITLE 5: MINIMUM REQUIREMENTS FOR THE SUBSURFACE DISPOSAL OF SANITARY SEWAGE. Section 15.01 Definitions." Page 1 of 2. Boston&Sandwich,MA i (Section 1.13, Board of Health). These regulations were adopted on February 11, 1992. 310 CMR 15.01 Definitions define watercourse as: "Any natural or man- made stream, pond, lake, wetland, coastal wetland, swamp or other body of water and shall include wet meadows, marshes, swamps, bogs and areas where ground water, flowing or standing surface water or ice provide a significant part of the'supporting substrate for a plant community for at least five months of the year." According to this definition of "watercourse", the Bordering Vegetated i Wetland shown on the plan revised 4%5%99 is a.watercourse.because it is a wetland.(a swamp) which contains a wetland plant community for at least five months of the year (the growing.season), and is supported by groundwater and flowing surface water. "Conclusion: On the basis of.the definition of watercourse, which is part of the Board of Health's regulations, there is a significant area of watercourse on Lots 38 and 39 Calves Pasture Lane,Barnstable, MA. The boundary of the Bordering Vegetated Wetland is the boundary of the watercourse. The Barnstable Conservation Commission has confirmed via an Order of Resource Area Delineation, that the wetland boundaries are correct.as shown of the Site Plan dated.April 5 1999. i ,._,,, ,..r:... .• .,,., - `ter.. ,- I Pa e2of2 Horsley&Witten,Inc. g - 03/22/2000 09:16 7906224 TOB FINANCE TREASUR PAGE 01 1 Town of Barnstable 03-22 2000 Treasurer's Office Tel:$08-862-4653 230 Smyth St. Hyannis,MA. 02601 Tax Title Account Summary Account: 4658 Name: JILSON,HARRY C. Talking Date: 03-08-1993 Map Parcel: 259 001003 Recorded: 576969 Registered: Location: 91 CALVES PASTURE LANE Village: 1;asrastable Deed; C1187 Fire District: Barnstable *Interest Due is calculated thru: 03-22-2000 Interest Per Diem: 8.010 initial Principal Interest Year Principal Paid Paid Principal Due *Interest Due Fees Due Total Due 1991. 1549.48 0.00 0.00 1549.48 1746.29 0.00 3295.77 1992 1775.14 0.00 0.00 1775.14 1982.71 0.00 3757.85 1993 1735.82 0.00 0.00 1735.82 1858.14 0.00 3593.96 1994 1811.22 0.00 0.00 1811.22 1624.44 0.00 WS-66 1995 2116.93 0.00 0.00 2115.93 1493.32 0.00 3609.25 1996 2909.62 0.00 0.00 2199.62 1186.93 710.00 4095.46 1997 2334.45 0.00 0.00 2334.45 708.14 0.00 3042.59 1998 2375.05 0.00 0.00 2375.05 201.98 0.00 2577.03 19" 2375.67 0.00 0.00 2375.67 74.98 0.00 2450.65 99M .723.33 0.00 0.00 0.00 0.00 723.33 723.33 Total: 19,705.61 0.00 0.00 18,272.28 10,675.93 1,433.33 30,581.54 Page 1 of I 3� Town of Barnstable 03-13-2000 Treasurer's Office Tel:508-862-4653 • 230 South St. Hyannis,MA. 02601 Tax Title Account Summary Account: 4657 Name : JILSON,HARRY C. Taking Date: 03-08-1993 Recorded: Map Parcel: 259 001 002 Location: 71 CALVES PASTURE LANE Registered: 576968 Village: Barnstable Deed: C 1187 Fire District: Barnstable *Interest Due is calculated thru: 03-13-2000 Interest Per Diem: 6.370 Initial Principal Interest Year Principal Paid Paid Principal Due *Interest Due Fees Due Total Due 1991 1589.97 0.00 0.00 1589.97 1785.65 0.00 3375.62 1992 1412.64 0.00 0.00 1412.64 1572.25 0.00 2984.89 1993 1391.69 0.00 0.00 1391.69 1484.27 0.00 2875.96 1994 1432.33 0.00 0.00 1432.33 1278.97 0.00 2711.30 1995 1515.35 0.00 0.00 1515.35 1063.49 0.00 2578.84 . 1996 1916.81 0.00 0.00 1566.81 838.61 350.00 2755.42 1997 1662.83 0.00 0.00 1662.83 497.85 0.00 2160.68 1998 1977.15 0.00 0.00 1977.15 160.34 0.00 2137.49 1999 1982.08 0.00 0.00 1982.08 54.74 0.00 2036.82 9999 34.83 0.00 0.00 0.00 0.00 34.83 34.83 Total: 14,915.68 0.00 0.00 14,530.85 8,736.17 384.83 23,651.85 Page 1 of 1 tel.(508)362-4541 •939 main street rt 6a fax(508)362-9880 yarmouth port mass 02675 down cape enggineefing civil engineers& land surveyors structural design Arne H.Ojala P.E., P.L.S. Timothy H.Covell,P.L.S. land court February 16, 2000 Daniel A.Ojala, P.L.S. surveys Dear Abuttor: site planning I am writing to inform you of our request for variances from the local Board of Health Regulations in regards to a new septic system which will be installed at Lot 39, Calves sewage system Pasture Lane, Barnstable. The following variances are requested: designs Town of Barnstable Regulation: Part VIR, Section 1: Town of Barnstable 100' inspections Regulation: Proposed primary leaching facility to be 75' from the edge of bordering vegetated permits wetland (watercourse);25' variance requested j Septic tank to be 83' to edge of wetland(17' variance) Proposed reserve leaching facility to be 51' from the edge of bordering vegetated wetland (watercourse);49' variance requested Part XII, Section III(12): 3. Proposed primary leaching facility to be 100' to existing well (50' variance requested);proposed reserve to be 120' to existing well(30' variance) 4. Proposed well to be 106' to proposed primary leaching facility and 101'to reserve (44'and 49' variances respectively) The Board of Health meeting will be held on Monday,March 13,2000 at 10:30 am at the School Administration Building (behind the Hyannis Post Office), in the conference room. It is suggested to confirm date and time with the Health Department. This letter is to serve as an official notification to abuttors. Sincerely yours, ^ Sarah B. Ojala Down Cape Engineering, Inc. cc: Board of Health SUBDIVISION HISTORY CHECK LIST SUBDIVISION # 89-713 PLAN ENTITLED Subdivi-ion Plan: of Land in Barnstable , Mass . To Be F.i le,d in the Land Court Shown As Lot 20 on Land Court Plan #02950E Scale 1 '=40 ' PLAN DATED 01/31/89 , Revised 04/03/89 & 05/22/89 i PLAN ENGINEER Down Cape Engineering Hary C. & Susan R. Jilson PLAN LOCATION south off Calves Pasture Lane, west of Scudder Lane , Barnstable NEW ROAD NAILS None - using existing road/Calves Pasture Ln MAP/PARCEL # Map 259, Parcel 1 TOTAL ACREAGE 6 .02 TOTAL # LOTS 3 jM RF-1 GRID OR CLUSTER Grid MUIHA& DATE NONE - tried f irst with an ANR plan & directed to submit a subdivision approval required .plan which would upgrade Calves Pasture Lane DEFINITIVE DATE RIIRMTTTFD 05/23/89 ADV RTTSFD DAT s 06/01/89 & 06/08/89 HFARTIIJM DATE 06/19/89 .6 P,nvA► DATF 07/10/89 NnTlf-F To TnWN P't FF'iK/ai nCK TN DATF 07/11/89 STf3N D I3Y TnLJN RK/DAT 07/31/89 STf;NFD MY Pt ANNTNn RnARD/DATF 07/31/89 COVENANT REQUESTED - Y F S _ DATF D SECURITY REQUEST® - Y F S Covenant T Y P F n F �- IR T TY cj•FC`t IRTTY T�.;l1f=D RY •I .-.F•L-l1Rf 1 . F>xK: 1'F[ial' ft_':F•i !:::, - LOTS RELEASED 01/03/91 - zero released LOTS REMAINING UNDER COVDW 1 , 2 , 3 FINAL LOTS RELEASED/DATE �t 1.. f.. SUBDIVISION PLANS DEFINITIVE PLANS - PUBLIC HEARING Subdivision #701 ; "Bayberry Place" MOTION was duly made by S. Wilber. and seconded by C. Cooperrider that the Planning Board postpone the public hearing for subdivision- #701 until 8:30 p.m. when there would be the required number of Board members present. So voted unanimously. . S. Rohrbach was absent for this vote. OW Subdf f'sio '- #TI3 "Har vr C-;:' &..S-usan�-:R._ Jj:]-.son!.- C. Cooperrider read the notice of public hearing. C. Cooperrider read the letter from Stephen Seymour, DPW, dated 06/19/89; the letter from the Barnstable Fire. Department,. dated 06/09/89; the letter from abutter Andrew Keck, dated 06/14/89; the letter from abutter Barbara Moore, dated 06/07/89; the letter from the Board of Health, dated 06/07/89; - and the DPD staff report. dated 06/ 19/89. Attorney Michael Ford was present to represent the applicant. He reviewed the recent history of the property and the Planning- Board minutes which covered prior discussions. He stated that the applicant wished that Calves Pasture Lane remain in its present condition and be granted the requested waivers. He referred * the Board members to Section I , page 17, of the Subdivision Rules and Regulations which discussed the protection of natural features. Mr.. Ford felt that even though Calves Pasture Lane did not have official status as a scenic road, it did actually have historic value. Attorney Ford presented a copy of the applicant's certificate of title to the Board stating that he felt Mr. Jilson had the right to use the whole of the forty foot way on the said plan, _ referring to the 1953 Land Court plan , which laid out Calves Pasture . Lane, to pass to and from said land. and Scudder's Lane, for all the usual ) purposes including installation of public utilities. He added that if the =. 5 Board required improvements be made to Calves Pasture Lane, Mr. Jilson would comply. J . Bartell asked if the Board members had questions . There were none. J. Bartell asked if there were members of the public who wished to speak. Attorney Ron Jansson was present to represent two abutters, Andrew Keck and the Chase family. He stated that he wished to reiterate what Mr. Ford had said. He described the physical• layout of the road and some of the road's history. He added that the lots on Calves Pasture Lane were not serviced by Town water, but that they had wells and that he felt the abutters owned to the middle of the road. Mr. Jansson stated further that much of the land was wetlands and that he fel.t that the property could be further divided into only a possible six or seven additional lots. He added that there was a need for public safety to be provided but that the abutters should not have to pay. He asked that if the Board approved the definitive plan that they also grant the requested waivers. Edward Kelley, a land surveyor, explained to the Board that he had previously worked in the abutting area and that based on the number of test holes which had been dug, there would be a limited number of buildable lots. He added that if the road were to be improved, it would disturb the natural swan , telephone poles, and three to four feet of clay. He confirmed that the ditches would have to remain if the land was divided further and that Mr. Keck was in support of the plan if the road was to remain in its present condition. J. Polcaro confirmed that Mr. Kelley's Judgement of the number of buildable lots had been based on the determination of which parcels had rights to the road and the perking ability of the lots. Mr. Kelley added that the the topography of the land had also been considered. : Abutter Jeff Jonas stated that he was speaking for himself and his neighbor Herb Carver. He explained that he was opposed to the widening of Calves Pasture Lane because it would change the scenic beauty, the old stone walls , would result An increased parking problems and that an improved road would encourage speeding by enabling vehicles to be able to travel at faster speeds . J. Bartell asked if there• were any other members of the public who wished to speak. There were none. MOTION was duly made by B. Wilber and seconded by J. Polcaro_ that the Planning Board take the definitive subdivision #713 , Harry C. & Susan R. Jilson, under advisement. So voted unanimously. - It was agreed to rescheduled subdivision #713 for the Planning Board meeting of July 10th. : In order to give the applicant a sense of what the Board would be willing to accept with the plan, J. 'Polcaro stated that. he would be in favor of approving the subdivision, but to waive much of the road construction. He added that he loved the idea of someone thinking about traffic and parking problems. C. Cooperrider stated that he .was. very concerned by the letter from the fire department and that he felt the applicant should consider alternative options , such as the. clearing and trimm.ing of brush in order to facilitate access to emergency vehicles . He added that it was important for the Board to consider public safety. S. Rohrbach stated that she was in -agreement with C. "Cooperrider. She added that after making a site visit, she had questioned whether there could be other areas cleared to allow for another pull-off area. The Board members discussed potential road traffic and road visabllity with the- close foliage. M. Ford confirmed with C. Cooperrider that what was being asked for From the fire chief, would be recommendations should the Planning Board approve the subdivision keeping Calves Pasture Lane in Its present condition. PRELIMINARY PLANS Subdivision 47121 "Robert R. Churchill " Dick Baxter, of Baxter & Nye 'Engineering, was present to represent the applicant. He explained that the plan represented an open space ' I JOP 14 I , through four, page two, of the DPD report dated 07/10/89, and that rights of access be provided for the relocated Lothrop's Lane in ' subdivision ##603, "West Parrish/Leeward Hills". S. Rohrbacd asked if the Board, needed to addressi that section of- road which the developer of "West Parrish" was supposed to complete. J. Polcaro confirmed that Mr. Boghos had requested that they not have to complete the section of road because with the approval of "Berkshire Trail " 'it would be torn up and changed. Joe Rodricks, of Schofield Brothers, explained the location of the piece of road in question. C. Cooperrider reread the letter from Stephen Seymour. J. Rodricks commented that Stephen Seymour was asking to have Lothrop's Lane reconstructed off the property owned by Cedar Street West Barnstable Realty Trust which they did not, at that point, have the right to do. B. Wilber and the other Board members discussed the issue further with Attorney Princi , Attorney Dunning and Mr. Boghos. B. Wilber marked and initialed on sheet two of five the exact northwest corner portion of road which Mr. Dunning would be responsible for top coating. MOTION was so voted unanimously. D _ 8 3) '-SUbd i v i s i ott' #7131- J 1 1 scth C. Cooperrider `read the report from the DPD dated 07/10/89, the letter from the Barnstable Fire Department dated 07/10/89, the Barnstable Fire District letter dated 06/15/89, and the letter from 'abutter Dr. Jonas dated 06/20/89. Attorney Michael Ford was present to explain that the public hearing for the definitive plan had been at the meetingof 0 6/19/89 and the plan taken under advisement. The direction the appl-scant had received from the Board had been to address the comments from Fire Chief Jones. He stated that Chief Jones ' 07/ 10/89 letter addressed the safety concerns and that the applicant was asking for approval of the subdivision plan as well as approval of the requested waivers . J. Bartell confirmed that the public hearing had been closed at the 06/19/89 meeting. 15 S. Rohrbach asked what effect the second request from the Fire Chief would have on how the road currently looked. Ed Kelley, land surveyor, was present to explain that he had made a site visit .with the fire chief and that his main concern was with the height of the .brush. ,.He added that the fire chief did not have a concern with the water fiow because there was not enough water flow on Scudder Lane In order to have water mains in the road. The main concern was access in and out of the area for the fire equipment. B. Wilber commented that In the Barnstable district water had to be applied for availability. . B. Wilber confirmed that the fire chief's recommendation was that the width was all right but to trim branches, not to cut trees. M. Ford questioned the fire chief's third condition. J. Bartell stated that any further subdivision plans would be considered on their own. S. Rohrbach confirmed through Mr. Kelley that the first recommendation of the fire chief was that the road should ,remain in its present repair and also that the property owners on the road should pay to have the road plowed. M. Ford clarified that it would mean that the road would be open through all seasons. C. Cooperrider confirmed that the road would be maintained to its current condition. MOTION was duly made by J. Polcaro and seconded by D. Martin that the Planning Board APPROVE the DEFINITIVE subdivision #713, "Jilson" , plan dated 01/31/89 and revised 04/03/89 8 05/22/89, subject to the grade and surface of.-the present road being maintained to be serviceable as a four season road, that the trees and brush be trimmed and maintained to a width of seven (7) feet from the center of the roadway on each side and no less .than twelve ( 12) feet in height, all the requirements of the Board of Health, and that the applicant be granted a waiver of the drainage and road construction requirements. . So voted unanimously. 3) Subdivision 4#573 ; Ardito Family Trust J. Polcaro explained that he had been asked to explain in the developer's absence that the eight lot subdivision An question was located between two other subdivisions which contained overhead Board of Heahh TOM of Bamstabfg Pj'0- BOX , Jr. # K10`r` assachusetTs 02609 yr . c LUG N Vrt ��t \t iq��7'd�kT •v,,� � .+tr�k..3.y" ,�. .y �7 "r'[ai� y ` { .. R~ � c St ,rr ��7 r• e ,+�. } ;i y�i - �� p -1• -,�i'r'..sti yf,,�,. ♦ 'R.��.�:' � ,c:tea 19�....t.�. � _t^....ter.ea..si�h.l.�, -.+r '...ai_ .c'n fltc. lb-1. i;A. �, �.. y 1 11 �fk I 1 1 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid LISPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Dovin Cap Engineering, Irvc. " twin St. — Suite Yarmoutn Port, MA 02675 t SECTIONSENDER: COMPLETE THIS SECTION COMPLETE THIS ON DELIVERY ■ Complete items 1,2,and 3.Also complete Re ;y(Pleas t Clearly) EF Date of D ivery item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ ,Attach this card to the back of the mailpiece, �lJ ❑Agent or on the front if space permits. X Cl i' °` 0 Addressee D. Is delive address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No N pic�kJ'�-�Cl�f�/f�ILe�Ilt� K�GC A i y—•u'G• Shy 6 U S�'��� S / 3. Service Type $irCertified Mail ❑ Express Mail / ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured,Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number D oa 0 T 6 D 000Q 3;7a tm (Transfer from service label) PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-1424 II UNITED STATES POSTAL SERVICE First-Class Mail LISPS e&Fees Paid Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • ,!1 [fit Gape Engineering, Inc. I 939 Main St — Suite C Yarmouth Port, RSA 02575 i II SECTIONSENDER: COMPLETE THIS SECTION COMPLETE THIS DELIVERY ■ Complete Items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. C. Signature ■ Attach this card to the back of the mailpiece, X ❑Agent or on the front if space permits. ❑Addressee D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No I3A2�rrTi /ddlyle'' 7/2 Co A//4 (.U 01C ,s--v 7 3. Service Type 710 c GCS 00,4/1 A-k%= ❑Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise 00/� ❑ Insured Mail 11 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article�Nv er , TOO Z U�[ U 606!� 3 a y �9J�3 (Trap fed from serwce lab PS Fork 381,.J,,—Marcl '01 Domestic Return Receipt 102595-01-M-1424 UNITED STATES POSTAL SERVICE First-Class Mail a&Fees Paid USPS Permit No.G-10 •Print your name, address, and ZIP Code in this box G Dow Cape Engineering, Inc. 939 MWn St. -- Suit@ C Yar►IrMth Port, MA 02675 t I'tl 11111 ti!Ilt11lt!"1!t 111 HI III iltltllil�F!l�t�llidlilftt�l�ltl�1�1l�ltlt i't!!I L! 39 a' lulls pa-A-A l� &tns-A-tel ai SENDER: I also wish to receive the a ■Complete items 1 and/or 2 for additional services. following services(for an rn ■Complete items 3,4a,and 4b. g y ■Print your name and address on the reverse of this form so that we can return this extra fee): card to you. Qi ■Attach this form to the front of the mailpiece,or on the back if space does not 1.❑ Addressee's Address V d ■Write permit."Return Receipt Requested"on the mailpiece below the article number. 2.❑ Restricted Delivery N t ■The Return Receipt will show to whom the article was delivered and the date ., delivered. Consult postmaster for fee.. a 0 3.Article Addressed to: 4a.Article Number Z 10-) 09 3 'a 4b.Service Type o ❑ Registered &Certified �-� rod 1 3+ Express S MA �26 ❑ Insured �. o ElReturn R for Merchandi �, COD 7. Date of ivery o °a , � Ozlo61 JAN- 7 2000 0 0 5.Rec i e y:M' am 8.Addres a Iq w Address(Only f r quested Y E and fee r � E_._nna i.ice_L9ddcessegnr_9aentJ 1_ISPS � o i iittili i fE iElit '=.i i i4 i+I L titli y j 'n Receipt UNITED STATES POSTAL SERVICE First-Class Mail 111111 USPS Postage&Fees Paid I Permit No.G-10 •Print your name, address, and ZIP Code in this box o Dawm Cade Engineering, Inc. 9N Main St. — Suits C Yarmouth Port, AAA 02675 7 �1�!!313tfjil�.!!1!ttlf11�3��3f!t l o-f-39 C R. ,-s A s4u� 1. 6aAns hQ, SENDER: I also wish to receive the ■Complete items 1 and/or 2 for additional services.y f0110Win services for an■Complete items 3,4a,and 4b. 9 w •Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ai d ■Attach this form to the front of the mailpiece,or on the back if space does not 1.❑ Addressee's Address 2 permit. 2.❑ Restricted Delivery d ■Write"Return Receipt Requested"on the mailpiece below the article number. ry y ■The Return Receipt will show to whom the article was delivered and the date Cn postmaster ostmaster for fee. "' delivered. a 0 3.Article Addressed to: 4a.Article Number /� 2101d930-s o. 1X91G w e "—P 4b.Service Type C e�to F 6.SL, ❑ Registered Certified rn Q ❑ Express Mail ❑ Insured ILL! `"' ��� ❑ Return Receipt for Merchandise ❑ COD 7. Date of Deliv ry `o e DZ i Oaf I Ol7 If 'o ¢,T 5.Received f y:.(Pnrlt;Name).- 8:Addressee's Address(Only if requested Y rand.fee is paid) �.. W 6.Signatur dre ge L 2 PS Form 3811,afecember 1994 102595-98-13-0229 Domestic Return Receipt UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPs -.-- IN O Print ourl,raame, address, and ZI Dawn Cape Engineering, Inc. 939 Main St. -- Suite C Yarmouth Port, MA 02675 i�4 i�l'fill 1i1111{11{1111!111111!!II 11111111 fill 11!.111i1l111!11lififfil fill!111111I SEND R: I also wish to receive the ■Complete items 1 and/or 2 for additional services. f0110Win for an rn ■Complete items 3,4a,and 4b. 9 services y ■Print your name and address on the reverse of this form so that we can return this extra fee): card to you. d ■Attach this form to the front of the mailpiece,or on the back if space does not 1.❑ Addressee's Address perm■WI t"Return Receipt Requested"on the mailpiece below the article number. 2.El Delivery m Write ■The Return Receipt will show to whom the article was delivered and the date Consult ostmaster for fee. delivered. P a 0 3.Article Addressed to: 4a.Article Number c°1i Z 10-7 09 D 5OO o C 4b.Service Type 0 �r +U ❑ Registered Certified to 1�1 t ❑ Express Mail ❑ Insured Cn 4 l ❑ Return Receipt for Merchandise ❑ COD 7. Date of elivery `o a 0710--'S6 // 0 m 5.Received By: (Print Name) 8.Addressee's Address(Only if requested y � � �'� �er- -g and fee is paid)UJI M 6.Signature: (Addressee or Agent) n DY . O V A 2 PS Form 3811,Deo4mber 1994 102595-98-13-0229 Domestic Return Receipt First Class Mail UNITED STATES POSTAL SERVICE Postage&Fees Paid USPS Permit No.G-10 o Print your name, address, and ZIP Code in this box O Down Cape Engineering, Inc. 939 Main St. — Suits C Yarmouth Port, MA 02675 M t'} 1111111il1I fill 71111111111411i11 II!!l1i1 Ili 1l1din H,HilliIHIIEIIIA fill fill ai SENDER: I also wish to receive the ■Complete items t and/or 2 for additional services. f0110w1n services(for an N ■Complete items 3,4a,and 4b. g H ■Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ■Attach this form to the front of the mailpiece,or on the back if space does not 1.❑ Addressee's Address perm■Writ e"Return Receipt Requested"on the mailpiece below the article number. 2•❑ Restricted Delivery w ■The Return Receipt will show to whom the article was delivered and the date postmaster ostmaster for fee. delivered. C 0 3.Article Addressed to: 4a.Article Number c°'i J 4b.Service Type @/ % 11 ❑ Registered CertifiedIM / ❑ Express Mail ❑ Insured = Vi >� T -� ❑ Return Receipt for Merchandise El COD 7.Date of Deliv ry� o a Z1 'o I ' 5.Receive : (Print Name) 8.Addresseefs Address(Only if requested c and fee is paid) w r 6.Signature: A e a X I se-a-o22s Domestic Return Receipt 2 PS Form 3811,December 1994 First Class Mail UNITED STATES POSTAL SERVICE ostage&Fees Paid eCmit N_ 0- 10_. t_ tit ,a - _ o Print your-"---El .add es !and ZIP Code in this bow o _ Down Cape Engineering, Inc. SN MWn St. — Suite C Yarmouth Fort, MA 02675 ll��tttt�t�r��.ttiatt�t�tttii,tti ai SENDER: I also wish to receive the ■Complete items 1 and/or 2 for additional services. f111 services for an y 00wn■Complete items 3,4a,and 4b. g d ■Print your name and address on the reverse of this form so that we can return this extra fee): card to you. a� m ■Attach this form to the front of the mailpiece,or on the back if space does not 1.❑ Addressees Address 4 ■plrgtfite t"Return Receipt Requested"on the mailpiece below the article number. ; 2•❑ Restricted Delivery t The Return Receipt will show to whom the article was delivered and the date postmaster for fee.:delivered. Consult P a 0 3.Article Addressed to: 4a.Article Number Z_ E / 4b.Service Type o - c.—L ❑ Registered Certified vi �j � � liU - ❑ Express Mail ❑ Insured c ¢ ❑ Return Receipt for Merchandise ❑ COD a7,L3 7. Date o` eli e Q ' I0 ¢ 5.Recqfv d By: (Arint Name) 8.Addres ees A ess(Only if requested x 1 and fee is paid) t M 6.Signatur : (Add see or 7get) � a X 1 If I i i il ' i t! tis PS Form 381- Dce b�e°16b4 �102595-98-B-0229 Doest RlirR* io e UNITED STATES POSTAL SERVICE First-Class Mail a&Fees Paid USPS I Permit No.G-10 e Print your name, address, and ZIP Code in this box O pro suits C M� 0216 Yar�th Port, l I Ill Mill,l,il HIM 11itl ill fill SENDER: I also wish to receive the ■Complete items 1 and/or 2 for additional services. } }y}} i} f '}i 'following services for an rn ■Complete items 3,4a,and 4b. 9 y ■Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ai ■Attach this form to the front of the mailpiece,or on the back if space does not 1.❑ Addressee's Address u y permit. ■Write"Return Receipt Requested"on the mailpiece below the article number. 2.❑ Restricted Delivery w Y ■The Return Receipt will show to whom the article was delivered and the date ch delivered. Consult postmaster for fee. a 0 3.Article Addressed to: 4a.Article Number c°', 2 Q, �iti+-c-e- L�� ,1> 4b.Service Type uli 7 El Registered Certified cn < :❑ Express R Mq 0, ❑ Insured w e -w� n z C�/ ❑ Return for Merch a sew,�] COD 3 0 7.Date o live } o MUM 0 ¢ 5.Received By: (Print Name) 8.Addres a Address(Onl rif quested Y and fee p 6.Signature: (A 7ressqor Agent) USPS � °>. X w PS Form 11,6bamber,1994 102595-98-B-0229 Domestic Return Receipt UNITED STATES POSTAL SERVICE First-Class Mail I a&Fees Paid USPS I Permit No.G-10 C Print your name, address, and ZIP Code in this box G Engineering, 100, St. --- Suite C n %39 02675 Yarmouth Port, MA ai SENDER: I also wish to receive the o ■Complete items 1 and/or 2 for additional services. following services for an w ■Complete items 3,4a,and 4b. 9 d ■Print your name and address on the reverse of this form so that we can return this extra fee): ;n card to you. d i > ■Attach this form to the front of the mailpiece,or on the back if space does not 1.❑ Addressee's Address V y permit. i-I L ■Write"Return Receipt Requested"on the mailpiece below the article number. 2.❑ Restricted Delivery « I m 1 r ■The Return Receipt will show to whom the article was delivered and the date 1 delivered. Consult postmaster for fee. n 3.Article Addr�eJssed to: J 4a.Article/Number 7,- CIL cc 4b.:Service T ype ❑ Registered f -6ertified cc cn C%Jo�r U id ❑ Express Mail ❑ Insured ILL! 3 Z ElReturn Receipt for Merchandise [ICOD G 7.Date of Del _ry� � 8 �� $ Q E 3 O m 5.Received By: (Print Name) 8.Addressee's Address(Only if requested x and fee is paid) LU 6.Signature: (Ad a or Age nt) 'O X a PS Form 1,Decem er 1- 10 5-s8-13-0229 Domestic Return Receipt • � 4r iii Ilit 7002 0460 0000 3724CERTIRED MAIL OFC HE RETURN ADDRESS.FOLD AT DOTTED LINE Z` U4 1: JUW21'0rb Jo !a N L/ A C . C HAS� PS ROSER Web 5183641 S.PDSTA E o 102 0460 0000 3724 4953 ff pj °i ;—A CtelSr oivv�� ,���,3�!ejfi 1� 1 ? ?� '!1i• r o T 1< v co CL e B®X. @cSed - NOa®r L N �� C O U) .@ E u.) EcaE a °' -� _ —..;._— vr <t�11�1::1111 1 :. 1:1TY11 Il :ts:iS� 111 i1111:: ,11 _ r �r—�E•1'��%'i ` .i,i,1�t°fit=- P::1: ----------------- .- 7 t . � tel.(508)362-4541 939 main street rt 6a fax(508)362-9880 yarmouth port mass 02675 down Cape engineering civil engineers& land surveyors structural design Arne H.Ojala P.E., P.L.S. Daniel A.Ojala•P.L.S. land court June 21, 2002 Timothy H.Covell, P.L.S. surveys Dear Abuttor: site planning I am writing to inform you of our request for variances from the local Board of Health Regulations in regards to a new septic system which will be installed at Lot 39, Calves sewage system Pasture Lane, Barnstable. The following variances are requested: designs Town of Barnstable Regulation: Part VIII, Section l: Town of Barnstable 100' inspections Regulation: Proposed primary leaching facility to be 77' from the edge of bordering vegetated permits wetland (watercourse); 23'•variance requested Proposed reserve leaching facility to be 54' from the edge of bordering vegetated wetland (watercourse); 46' variance requested Part XH, Section HI(12): Proposed primary teaching facility (and reserve) to be 100' to eXisting well(50' variance requested) The Board of Health meeting will be held on Tuesday, July 9, 2002 at 7:00 pm at the School Administration Building (behind the Hyannis Post Office), in.the conference room. It is suggested to confirm date and time with the Health Department. This letter is to serve as an official notification to abuttors. Sincerely yours, Sarah B'. Ojala Down Cape"Engineering;Inc. cc" Board"of Health ! t� b' • r irr w i • • y SUBDIVISION HISTORY CHECK LIST SUBDIVISION # 89-713 j PLAN ENTITLED Subdivision Plan of Land in Barnstable , Mass . To Be Filed in the Land Court Shown As Lot 20 on ` Land Court Plan #02950E Scale 1 '=40 ' PLAN DATED 01/31/89 , Revised 04/03/89 & 05/22/89 PLAN ENGINEER Down Cape Engineering APPLICANUDEVELOPER Hary C. & Susan R. Jilson PLAN LOCATION south off Calves .Pasture Lane, west of Scudder Lane , BarnstabTe NEW ROAD NAMES None - using existing road/Calves Pasture Ln MAP/PARCEL # Map 259, Parcel 1 TOTAL ACREAGE 6.02 TOTAL # LOTS 3 ZS RF-1 GRID OR CLUSTER Grid BINARY nATF Q.11RMTTTFn NONE - tried first with an ANR plan & directed to submit a subdivision approval required .plan which would upgrade Calves Pasture Lane DEFINITIVE DATE 4lIRMTTTFn 05/23/89 AnQw.PTT-, n nATF� 06/01/89 & -06/08/89 l-1FeR7NA nATR 06/19/89 AocacwAi HATE 07/10/89 hr[1TTt^F Yn Tnww Ct mewet^( ACK TN nATF 07/11/89 ST +NFn RY TA-rN RK/HAT 07/31/89 S7tRNFn RY CIANNTNA R�ARn/nATR 07/31/89 _ COVENANT REQUESTED _ YFs _ nc Tin SECURITY REQUESTED - YES Covenant TYpF_ nR RFPrI rRTTY �FPlri?TTY T :�l1Fn �Y •1 t. if:e r l". F xi:•r R0.4 T"r t":Fv C..:, LOTS RELEASED 01/03/91 - zero released LOTS REMAINING UNDER WOW 1 , 2 , 3 FINAL LOTS RELEASED/DATE a SUBDIVISION PLANS DEFINITIVE PLANS - PUBLIC HEARING Subdivision #701 ; "Bayberry Place" MOTION was duly made by B. Wilber and seconded by C. Cooperrider that the Planning Board postpone the public hearing for subdivision- #701 until 800 p.m. when there would . be the required number of Board members present. So voted unanimously. S. Rohrbach was absent for this vote. IWT .. C. Cooperrider read the notice of public. hearing. C. Cooperrider read the letter from ..Stephen Seymour, DPW, dated 06/19/89; the letter from the Barnstable Fire. Department, dated 06/09/89; the letter from abutter Andrew Keck, dated 06/14/89; the letter from abutter Barbara Moore, : dated 06/07/89; the letter from the Board of Health, dated 06/07/89; - and the DPD staff report dated 06/19/89. Attorney Michael Ford was present to represent the applicant. He reviewed the recent history of the property and the Planning- Board r minutes which covered prior discussions. He stated that the applicant wished that Calves Pasture Lane remain in its present condition and be granted the requested waivers. He referred the Board members to Section I , page 17, of the Subdivision Rules and Regulations which discussed the protection of natural features. Mr.. Ford felt that even though Calves Pasture Lane did not have official status as a scenic road, it did actually have historic value. Attorney Ford presented a copy of the applicant's certificate of title to the Board stating that he felt Mr. JIIson had the right to use the whole of the forty foot way on the said plan, referring to the 1953 Land Court plan , which laid out Calves Pasture . Lane, to pass to and from said land and Scudder's Lane, for all . the usual ) purposes Including installation of public utilities. He added that if the 5 Board required improvements be made to Calves Pasture lane, Mr. Jilson would comply. J. Bartell asked if the Board members had questions. There were none. J. Bartell asked if there were members of the public who wished to speak. Attorney Ron Jansson was present to represent two abutters Andrew Keck and the Chase family. He stated that he wished to reiterate what Mr. Ford had said. He described the physical. layout of the road and some of the road's history. , He added that the lots on Calves Pasture Lane were not serviced by Town water, but that they had wells and that he felt the abutters owned to the middle of the road. Mr. Jansson stated further that much of the land was wetlands and that- he felt that the property could be further divided into only a possible six or seven additional lots. He added that there was a need for public safety to be provided but that the abutters should. not have to pay. He asked that if the Board approved the definitive' p'lan that they also grant the requested waivers. Edward Kelley, a land surveyor, explained to the Board that he had previously worked in the abutting .area and that based on the .number of test holes which had been dug, there would be a limited number . of bufldable lots. He added that If the road were to be improved, it would disturb the natural swaii , telephone poles, and three to four feet of clay. He confirmed that the ditches would. have to remain if the land was divided further and that Mr. Keck was in support of the plan If the road was to remain In its present condition. J. Polcaro confirmed . that Mr. Kelley's judgement of the number of buildable lots had been based on the determination of which parcels had rights to the road and the perking ability of the lots. Mr. Kelley added that the the topography of the land had also been considered. Abutter Jeff Jonas stated that he was speaking for himself and his neighbor Herb Carver. He explained that he was opposed to the widening of Calves Pasture Lane because it would change the scenic beauty, the old stone walls, would result An Increased parking problems and that an improved road would encourage speeding by enabling vehicles to be able to travel at faster speeds. J. Bartell asked if there• were any other members of the public who wished to speak. There were none. MOTION was duly made by B. Wilber and seconded by J. Polcaro-, that the Planning Board take the definitive subdivision ##713 , Harry C. & Susan R. Jilson, under advisement. So voted unanimously. It was agreed to rescheduled subdivision ##713 for the Planning Board meeting of July loth. In order to give the applicant a sense of what the Board would be willing to accept with the plan, J. Polcaro stated that. he would be in favor of approving-' the subdivision, but to waive much of the road construction. He added that he loved the idea of someone thinking about traffic and parking problems. C. Cooperrider stated that he .was. very concerned by the letter from the fire department and that he felt the applicant should consider alternative options, such as the. c.learing and trimming of brush in order to facilitate access to emergency vehicles. He added that it was Important for the Board to consider public safety. S. Rohrbach stated that she was in -agreement with C. *Cooperrider. She added that after making a site visit, she had questioned whether there could be other areas cleared to allow for another pull-off area. The Board members discussed potential road traffic and road visabilit Y with the close foliage. M. Ford confirmed with C. Cooperrider that what was being asked for from the fire chief, would be recommendations should the Planning Board approve the subdivision keeping Calves Pasture Lane in its present condition. PRELIMINARY PLANS Subdivision 712; "Robert R. Churchill_" Dick Baxter, of Baxter & Nye Engineering, was present to represent the . applicant. He explained that the plan represented an open space i l4 through four, page two, of the DPD report dated _07/10/89, and that rights of access be provided for the relocated Lothrop's- Lane in subdivision ##603, "West Parrish/Leeward Hilis' S. Rohrbach asked if the Board needed to address that section of road which the developer of "West Parrish" was supposed to complete. J. Polcaro confirmed that Mr. Boghos had requested that they not have to complete the section of road because with the approval of "Berkshire Trail " it would be torn up and changed. Joe Rodricks, of Schofield Brothers, explained the location of the piece of road in question. C. Cooperrider reread the letter from Stephen Seymour. J. Rodricks commented that Stephen Seymour was asking to have Lothrop's Lane reconstructed off the property owned by Cedar Street West Barnstable Realty Trust which they did not, at that point, have the right to do. B. Wilber and the other Board members discussed the issue further with Attorney PrIncI , Attorney Dunning and Mr. Boghos. B. Wilber marked and initialed on sheet two of five the exact northwest corner portion of road which Mr. Dunning would be responsible for top coating. MOTION was so voted unanimously. 3):'SUMIV, 44dh1713t JUU96h'a � C. Cooperrider `read the report from the DPD dated 07/10/89, the letter from the Barnstable Fire Department dated 07/10/89, the Barnstable Fire District letter. dated 06/15/89, and the letter from abutter Dr. Jonas dated 06/20/89. Attorney Michael Ford was present to explain that the public hearing for the definitive plan had been at the meeting of 06/19/89 and the plan taken under advisement. The direction the applicant had received from the Board had been to address the comments from Fire Chief Jones. He stated that Chief Jones' 07/10/89 letter. addressed the safety concerns and that the applicant was asking for approval of the subdivision plan as well as approval of the requested waivers. J. Bartell confirmed that the public hearing had been closed at the 06/19/89 meeting. l5 i S. Rohrbach asked what effect the second request from the Fire Chief would have on how the road currently looked. Ed Kelley, land surveyor, was present to explain that he had made a site visit with the fire chief and that his main concern was with the height of the brush. He added that the fire chief did not have a concern with the water flow because there was not enough water flow on Scudder Lane in order to have water mains in the road. The main concern was access in and out of the area for the fire equipment. B. Wilber commented that In the Barnstable district water had to be applied for availability. . B. Wilber confirmed that the fire chief's recommendation was that the width was all right but to trim branches, not to cut trees. M. Ford questioned the fire chief's third condition. J. Bartell - stated that any further subdivision plans would be considered on their own. S. Rohrbach confirmed through Mr. Kelley that the first recommendation of the fire chief was that the road should .remain in its present repair and also that the property owners on . the road should pay to have the road plowed. M. Ford clarified that it would mean that the road would be open through all seasons. C. Cooperrider confirmed that the road would be maintained to its current condition. MOTION was duly made by J. Polcaro and seconded by D. Martin that the Planning Board APPROVE the DEFINITIVE subdivision ##713, "Jilson", plan dated 01/31/89 and revised 04/03/89 8 05/22/89, subject to the grade and surface of.•the present road being maintained to be serviceable as a four season road, that the trees and brush be trimmed and maintained to a width of seven (7) feet from the center of the roadway on each side and no less ,than twelve ( 12) feet in height, all the requirements of the Board of Health, and that the applicant be granted a waiver of the drainage and road construction requirements. .So voted unanimously. 3) Subdivision 4573; Ardito Family Trust i J. Polcaro explained that he had been asked to explain in the developer's absence .that the eight lot subdivision An question was located between two other subdivisions which contained overhead I t7 x N. N- rt N • ARDITO, SWEENEY, STUSSE, ROBERTSON & DUPUY, P.C. ATTORNEYS AT LAW MATTACHEESE PROFESSIONAL BUILDING 25 MID-TECH DRIVE,SUITE C WEST YARMOUTH,MASSACHUSETTS 02673 EDWARD J.SWEENEY,JR. TELEPHONE(508)775-3433 RICHARD P.MORSE,JR. MINA M' B.STUSSE FAX(508)790-4778 BETSY NEWELL DONNA M. J.DUP SON PAUL R.TARDIFF' MATTHEW J.DUPUY CHARLES M.SABATT CHARLES J.ARDITO,P.C. 'also admitted in MAINE PLEASE REFER TO FILENUMBER December 14, 1999 G4427X Barnstable Board of Health 367 Main Street Hyannis, Massachusetts 02601 Re: Lot 38 Calves Pasture Lane, Barnstable Village Dear Board Members: This office represents certain abutters to the above referenced parcel (hereinafter called locus). My clients oppose the issuance of any variances from Town of Barnstable Health Regulations Part VIII Section 1.00 as requested within the November 27, 1999 letter of Down Cape Engineering, Inc. The reasons for my clients' opposition are set forth below. • The Board of Health previously decided that no variances would be granted. Locus was created in 1989 pursuant to a definitive plan approval issued by the Barnstable Planning Board. As a part of that process the Town of Barnstable Board of Health imposed requirements or limitations upon the definitive subdivision plan. Those requirements are set forth within a letter ofthe Barnstable Board of Health dated June 7, 1989, a copy of which is attached hereto as Exhibit 1. Among the requirements, the Board of Health provided as follows: The developer shall have recorded on the deed that variances from Title 5, Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, or the Town of Barnstable Health Regulations whichever is more stringent will not be granted on any lot in this subdivision. • The Barnstable Planning Board incorporated the Board of Health letter of June 7, 1989 into its record. (See Exhibit 2 - Planning Board Minutes - June 19, 1989) Later, the Planning Board conditioned its definitive Plan approval upon "all the requirements of the Board of Health..." (See Exhibit 3 - Plan Approval, Condition #3) Accordingly, the Planning Board approval for the subdivision creating lot 38 is predicated upon the Board of Health requirement that no variances would be granted. Yl Barnstable Board of Health December 14, 1999 Noe 2 • The proponents of the subdivision plan, namely Harry C. and Susan R. Jilson are the P Y rY , current record owners of the locus. As is apparent from the Planning Board minutes, the Jilson's accepted the requirements of the Board of Health precluding variances. Furthermore, the abutters to locus relied upon the Board of Health requirements when they agreed to support the Jilsons' request for waiver of the drainage and road construction requirements. Had it not been for the Board of Health requirements imposing a restriction on the granting of variances, my clients would not have supported the Jilsons' subdivision plan. • Denial of a variance will not cause a manifest injustice. Part VIII, Section 1 existed on June 7, 1989 when the Board of Health imposed its requirements ultimately incorporated by the Planning Board. The present applicants had knowledge of the Board of Health requirements contained within its letter of June 7, 1989, since these requirements are a matter of public record and are among the conditions included within the Planning Board approval. Furthermore, it should be noted that the engineer representing the applicants in their current request for variances is the same engineer who prepared the Jilsons' subdivision plan. • The applicants are not record owners of locus, but rather are assignees of a mortgage on locus, having taken the assignment on April 23, 1998. Unlike other applicants who request variances from the Board of Health, the applicants in this case have not recently learned of their inability to construct a subsurface disposal system upon preparation of construction plans. On the contrary, the Board of Health requirements of June 7, 1989 put these applicants on notice as to the limitations to which locus would be subject. • The granting of a variance will result in manifest injustice. The Planning Board approval is predicated upon the Board of Health requirements precluding issuance of a variance. The abutters to locus relied upon that restrictive requirement in withholding opposition to the Jilsons' definitive subdivision plan and in supporting their request for waivers of the drainage and road construction requirements. Thank you for your courtesy in this matter. Respectfully, Charles M. Sabatt CN/IS:lcs O taE TOWN OF BARNSTABLE OFFICE OF aeassVUL T s' BOARD OF HEALTH 165 367 MAIN STREET HYANNIS, MASS. 02601 June 7, 1989 i I, Mrs. Susan H. Rohrbach Re: Definitive subdivision plan of land in Barnstable Chairperson, Planning Board Petitioner: Harry and Susan R. Jilson Barnstable Town Hall Date: January 31, 1989 - Revised April 31, 1989 Hyannis, Ma 02601 Revised may 22, 1989 Engineer: Down Cape Engineering, Inc.- Assessor's map 259,:Parcel I Dear Mrs. Rohrbach: The Board of Health has reviewed this definitive subdivision plan in Barnstable and makes the following recommendations: The developer must provide public water to each and every lot in this subdivision. Public water lines and all connections must• meet specifications and/or rules and regulations of the local water department. Each septic system shall be located within the prescribed boundaries of each individual lot. The developer shall have recorded on the deed that variances from Title 5, Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, or the Town of Barnstable Health Regulations whichever is more stringent, will not be granted on any lot in this • subdivision, A percolation test must be made on the lot at leaching site, before a Disposal Works Construction Permit will be issued. Maximum ground water elevations must . be determined by using data available from the United States Geological Survey - Probable High Ground Water Levels on Cape Cod, Mass. Each proposed septic system must conform strictly to 310 CMR 15.00, the State Environmental Code, Title 5, and Town of Barnstable Rules and Regulations. All tree stumps, brush and building debris removed when clearing lots or roads must be disposed of at a licensed solid waste disposal facility. Chipping brush and tree stumps is an acceptable alternative. Burial on site is prohibited. The applicant must receive an Order of Conditions from the Conservation Commission, if applicable. It is recommended that each sewage disposal leaching .facility be located most distant from wetlands to reduce eutrophication caused by phosphorous and other nutrients. The United States Environmental Protection Agency's-`National .'. Eutrophication Survey states that,0.25 lbs.' per year of total phosphorous enters wetlands from every person served by onsite septic systems,within 300 feet �, wetlands (US EPA 1983). Very truly yours, E >:{ Grover C. M. Farrish, M.D. Chairman i iAnn Jane Eifibaugh 1 Ot not Adnes H. Crocker, Sr. BOARD OF HEALTH TOWN OF BARNSTABLE TM/bs cc: Harry and Susan Jilson Down Cape Engineering, Inc. Town Clerk Health Department Conservation Commission Barnstable Fire and Water District • t� N- Cr N- rt r� • OFZHE TOE o Town of Barnstable, Massachusetts Department of Planning and Development "',,ms-`'18LE' ' Office of The Planning Board . i639 ,0 ArEO 39 A 367 Main Street, Hyannis, Massachusetts 02601 (508) 775-1120 ext. 190 July 11 , 1989 rM r r- Aune Cahoon, " Town Clerk Town of Barnstable Town Hall -D 367 Main Street �a Hyannis, MA 02601 !J: Re: DEFINITIVE SUBDIVISION #713 Grid Definitive Subdivision #713; "Jilson"; Subdivision Plan of Land in Barnstable, Mass.to be Filed in the Land Court Shown As Lot 20 on Land Court Plan #02950E Scale 1"=40' ; Plan dated 01/31/89, revised 04/03/89 8 05/22/89; Down Cape Engineering; 3 lots; .located south off Calves Pasture Lane, west of Scudder Lane, Barnstable; Assessor' s Map 259, Parcel 1 . At a duly posted meeting of the Barnstable Planning Board held July 10, 1989, it was voted to APPROVE the above captioned DEFINITIVE subdivision plan subject to the following: . 1 ) That the grade and surface of the present road be maintained to be serviceable as a four season road; 2) That the trees and brush be trimmed and maintained to a width of seven (7) feet from the center of the roadway on each side, and. no Jess than twelve ( 12) feet in height; 3) All the requirements of the Board of Health; 4) That the applicant be granted a waiver. of the ,drainage and road construction, requirements. Respectfully, 1 ,� oil�QElY osep E. Bartell , Chairman Ba able Planning Board I F R I V Le _.. _... ..... e Road Celebrating 30 Years of Excellence in Emdronmentar Services . Buuerds Bayy..MASta MA 0 =2b32 December 14, 1999 \� (508)888.39M FAX(508)8886689 web.,hollwww.ensr.com Laurie A.Warren , Kilroy&Warren, P.G. 67 School Street P.O. Box 960 8726-519 Hyannis, Massachusetts 02601-0960 RE: Review of Wetland and Surface Water Flow Information Calves Pasture Lane, Lot 38 Barnstable, Massachusetts Dear Laurie: As requested, ENSR has reviewed the percolation test information provided by Down Cape Engineering, Inc. in addition to the field observations that we collected at the above- referenced site. It is our understanding that you are requesting a variance from the regulations goveming required setbacks from jurisdictional wetland resource areas. The Barnstable Conservation Commission (118=) determined that the boundaries of the wetland resource areas, which were delineated by ENSR in 1998, were accurate. The BCC approved these boundaries for a three-year period when they issued an Order of Resource Area Delineation (WPA Form 48) on April 6, 1999. ` On several occasions from 1996 to 1999 ENSR observed conditions on Lot 38 and on adjacent lots for-the purpose of wetland boundary delineation and to better understand surface water flow patterns. We concluded that the stream flows observed on Lot 38 k were intermittent in nature and that these flows originated from a scrub-shrub swamp located to the north of Lot 38. During significant storm events, and primarily during the winter and early spring, several channels directed surface water from this wetland onto Lot 38 and adjacent Lot 39. The water entered onto these properties through cross- culverts installed beneath Calves Pasture Lane. The stream located on the eastern half of Lot 38 was located within a relatively narrow shrub-dominated wetland plant community. We believe that it is the water,from this stream that creates the conditions primarily responsible for the growth of wetland- indicator plants. The species most commonly observed in this bordering wetland community was northern arrowwood (Viburnum dentatum), a facultative-wetland indicator plant. Facultative plants have a 34-66 percent frequency of occurrence in wetlands or in upland communities (Wetland Indicators, Tiner, 1999). Species including Morrow's- honeysuckle (Lonicera morrowir) and eastern red cedar (Juniperus virginiana) were also observed as part of the bordering wetland and adjacent upland. Both of these species are facultative-upland indicator plants. Facultative-upland plants have a 1-33 percent frequency of occurrence in wetlands (Tiner, 1999). According to the Bamstable County Soil Survey (Soil Conservation Service, 1983)(1he soil survey*), Lot 38 is located within an area mapped as a Boxford silt loam (3-6 percent ® Corisulting Engineering Rernediation i Laurie P-Warren , December 14, 1999 Page 2 slopes). The Boxford soil series is,not listed as a hydric soil series according to Nydric . Soils of New England (liner and Veneman, 1987). Permeability in the subsoil and substratum of these soils is typically slow or very slow due to the silty and clayey sediments within which these soils formed. ENSR's soil profile observations to depths of approximately 24 inches were consistent with information provided in the soil survey. It is likely that the percolation of surface water flowing down a slope comprised of these soils would be limited. These soil conditions would likely result in a perched water table, which would contribute to the conditions favoring the growth of.a community of wetland-indicator plants. Down Cape Engineering reported that on Lot 38 during a percolation test that occurred June 3, 1999 the depth to groundwater observed in test hole 1 was greater than 18 feet. Similarly, in test hole 2 on July 6, 1999 the depth to groundwater was greater than 13 feet. From this information, it appears that groundwater is at a significant depth below the soil surface. ENSR believes that water at this depth would not be responsible for producing aquic conditions near the soil surface (i.e., the root zone) that would result in the growth of a characteristic community of wetland indicator plants.' It is our opinion that the surface water flow and not the presence of_an elevated groundwater water table results in the aquic conditions exhibited by the bordering vegetated wetland on Lot 38. This opinion is based upon the following observations: • the predominance of facultative and some facultative-upland plants in the wetland community, • the reported depth to groundwater in the percolation test areas on the property, and • the permeability characteristics of the soils on this site resulting in a perched water . table. If ENSR is able to provide you with additional services for this project, please do not hesitate to contact me._ Sincerely, E R r D. Michael Ba Wetland Scientist Cc: Arne H. Ojala, PE ; TOTAL P.03 tel.(508)362-4541 939 main street rt 6a fax(508)362-9880 yarmouth port mass02675 down cape engineefing civil engineers& land surveyors structural design Arne H.Ojala P.E., P.L.S. Timothy H.Covell,P.L.S. land court November 27, 1999 Daniel A.Ojala, P.L.S. surveys Barnstable Board of Health site planning 367 Main Street Hyannis,MA 02601 sewage system Re: Lot 38 Calves Pasture Lane, Barnstable Village designs Dear Board Members: inspections On behalf of our client, we are hereby requesting variances under Town of Barnstable Health Regulation Part VIII, Section 1.00. Specifically,the variances are as follows: permits 1. Propose&p—r ary, Ieachi_ng facility to be 70'_from.the_edge,of,a_bordering vegetated wetland(30'variance requested); i r 2. Proposed septic tank to be. —--to-the_edge-of wetland.(46-vanance-requested); 3. Proposed rese'�rve leaching facility to-be-W to the-edge of-wetl nd(34' variance requested). The resource area delineations shown on the plan have been confirmed by the Conservation Commission under filing SE3-3494. These resource areas include bordering vegetated wetland, intermittent stream, salt marsh, coastal bank,land under waterways, and land subject to coastal storm flowage. According to a report submitted by ENSR to the Conservation Commission as part of the resource area delineation filing, surface-waters�originating-fromya-sw p to7the northeast—of f L-ot 3.8-flo_w_Tintermittentlysvia three culverts.under CalvesiPasfure Lane during storm: .T eventshe-water -L is.dischargedronto __ot.38-and�the-abuttsng Lot 39. Test holes performed over previous years in various areas of the lot have indicated the presence of silt loam and sandy loam sons to depths of as much as 14.5'. Due to the impervious-nature:ofthe--soilsipresent and the fact that there are no man-made drainage structures on Lot 38,the surface waters originating from the swamp to the northeast are not able to percolate downward on Lot 38 (i.e. it is perched water) and, therefore, the surface waters are not hydraulically connected to groundwater on the lot. The discharge--point for-these,,surface-waters=is the-saltmarsh--to:the-south;of-L-ot—=38? a ?CtHE Town of Barnstable �p Tp� Board of Health anarrsrAsc.E, b S 367 Main Street,Hyannis MA 02601 ArEo ter,, Office: 508-862-4644 Susan G.Rask,R.S. FAX: 508-775-3344 Ralph A.Murphy,M.D. Sumner Kaufman,MSPH i March 22, 2000 Mr. Arne Ojala, P.E. c/o Downcape Engineering Co., Inc. 939 Main Street Yarmouth, MA 02675 RE: Lot 39 Calves Pasture Lane, Barnstable Dear Mr. Ojala: Your request for multiple variances on behalf of your client Christopher Kuhn, from Part VIII, Section 1.00, and Part XII, Section III including variances to construct an onsite sewage disposal system leaching facility only seventy-five (75) feet away from wetlands with a reserve area only 51 feet away from the wetlands and to construct a leaching facility only 100 feet away from a neighbor's well, is not granted. The variances are not granted due to the following: • The Board of Health previously decided that no variances would be granted pursuant to a definitive plan approval issued by the Town of Barnstable Planning Board. As part of the subdivision approval process, the Board of Health imposed requirements and limitations upon the definitive subdivision plan. Those requirements are set forth within the letter of the Barnstable Board of Health dated June 7, 1989. Among the requirements, the Board of Health specifically stated: The developer shall have recorded on the deed that variances from Title V, Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, or Town of Barnstable Health Regulations, whichever is more stringent will not be granted on any lot in this subdivision. The Town of Barnstable Planning Board incorporated the Board of Health letter of June 7, 1989 into its record. Later, the Planning Board conditioned its definitive plan approval upon "all the requirements of the Board of Health ..." Accordingly, the Planning Board approval for the subdivision creating Lot 39 Calves Pasture Lane is predicated upon the Board of Health requirement that no variances would be granted. During the public Board of Health meeting held on March 13, 2000, Attorney Paul Revere, testified that the applicant was aware of the conditions imposed in regards to the June 7, 1989 Board of Health requirements and limitations. The present applicant who is a sophisticated real estate developer, had knowledge of the Board of Health requirements contained within its letter of June 7, 1989. Furthermore, these requirements are a matter of public record and are among the conditions included within the Planning Board approval. The applicant, Christopher Kuhn, is a sophiscated real estate developer. In addition, it should be noted that the engineer representing calves i the applicant in this current request for variances is the same engineer who prepared the subdivision plan for the proponents of the subdivision plan, Harry C. and Susan R. Jilson. Therefore, denial of a variance will not cause manifest injustice. i • A site visit was conducted by Board of Health members and by Edward Pesce, P.E., Senior Environmental Engineer for Horsley and Witten, Inc. It was found that several wetland areas on the.site.connect to other water course/wetlands areas to the north and east of the parcels via culverts under Calves Pasture Lane. Based upon this information and the Town's definition of water courses, that the wetlands shown on the plan dated April 5, 1999 prepared by Down Cape Engineering`; Inc. are indeed watercourses. Dr. Jo Ann Muramoto of Horsley and Witten, Inc. also conducted a site visit to/confirm this position. Dr. Muramoto has extensive experience in this area of wetland and watercourse definition through her four years of tenure as the Town of Falmouth Conservation Agent. Her memorandum dated August 12, 1999 explains that 310 CMR 15.01 Definitions defines water course as: "Any natural or man- made stream, pond, lake, wetland, coastal wetland, swamp. or other body of water and shall include wet meadows, marshes, swamps, bogs, and areas where groundwater, flowing or standing surface water or ice provide a significant part of the supporting substrate for a plant community for at least five months of the year." According to this definition of "watercourse" the Bordering Vegetated Wetland shown on the plan revised 4/5/99 is a watercourse because it is a wetland ( a swamp) which contains a wetland plant community for at least five months of the year(a growing season), and is supported by groundwater and flowing surface water. On the basis of the definition of watercourse, which is part of the Board of Health's Regulations, there is a significant area of watercourse on lots 38 and 39 Calve's Pasture Lane, Barnstable, MA. The boundary of the bordering vegetated wetland is the boundary of the watercourse. • The proposed soil absorption system is proposed to be located only seventy (70) feet away from the wetlands/watercourse. Also, the septic tank is proposed to be located only fifty-six (56) feet away from the wetlands/watercourse. The applicant failed to request a variance from the Board of Health Regulation PART VIII, SECTION 1.00 which requires a minimum separation distance of 100 feet between septic system components and the wetlands/watercourse. • The applicant also requested permission to install an onsite private well at this lot. However, the Board of Health previously decided that public water shall be provided pursuant to a definitive plan approval issued by the Town of Barnstable Planning Board. As part of the subdivision approval process, the Board of Health imposed requirements and limitations upon the definitive subdivision plan. Those requirements are set forth within the letter of the Barnstable Board of Health dated June 7, 1989. Among the requirements, the Board of Health specifically stated: The developer must provide public water to each and every lot in this subdivision. Public water lines and all connections must meet specifications and/or rules and regulations of the local water department. The Town of Barnstable Planning Board incorporated the Board of Health letter of June 7, 1989 into it's record. Later, the Planning Board conditioned it's definitive plan approval upon "all the requirements of the Board of Health..." Accordingly, the Planning Board approval for the subdivision, creating Lot 39 Calves Pasture- Lane, is predicated upon the Board of Health requirement that public water will be provided to each and every lot. calves • The applicant failed to adequately demonstrate that the direction of the groundwater flow is away from the abutter's well. Commonly, a minimum of three monitoring wells would be installed were not installed at a triangular locations on the parcel to determine the groundwater direction flow. Test holes do not constitute a monitoring wells, as testified at the hearing. •. During the public Board of Health meeting held on .March 13, 2000, Attorney .Paul Revere stated the applicant was aware of the conditions imposed in regards to the June 7, 1989 Board of Health requirements and limitations. The present applicant had knowledge of the Board of Health requirements contained within it's letter of June 7, 1989. These requirements are a matter of public record and are among the conditions included within the Planning Board approval. The applicant, Christopher Kuhn, is a sophiscated real estate developer. The engineer representing the applicant in this current request for variances is also the same engineer who prepared the subdivision plan for the proponents of the subdivision plan, Harry C. and Susan R. Jilson. • This parcel is currently listed at the Town of Barnstable Treasurer's Office as property in "tax title;" property taxes have not been paid to the Town of Barnstable for many years. The present applicant is iin the process of purchasing the property from the F.D.I.C. You are reminded that variances may be granted only when, in the opinion of the approving authority: (a) The person requesting a variance has established that enforcement of a provision from which a variance is sought would be manifestly unjust, considering all of the relevant facts and circumstances of the individual case; and (b) The person requesting a variance has established that a level of environmental protection that is at least equivalent to that provided can be achieved without strict application of the Board of Health regulations from which variances are sought. You failed to establish manifest injustice and you did not establish that a level of environmental protection that is at least equivalent to that provided by the Board of Health Regulations can be achieved without strict application of the Board of Health Regulations from which variances are sought. Further, as pointed out by the applicant, under the Board of Health's On-Site Sewage Disposal Construction Part VIII: Onsite Sewage Disposal Regulations Section 10.00 Onsite Sewage Disposal Construction adopted 6/11/91, became effective 6/11/91, revised 2/11/92, the Board has discretion to adjust the setback requirements appropriately to protect the environment and the public health. Based upon the evidence presented, the Board of Health finds no justification for adjusting the setbacks closer than the 100 feet established under the applicable regulation. Therefore, your request for multiple variances-is.not granted. Sincerely yours, usS an G. Rask, S , Chairperson Board of Health Town of Barnstable calves tel.(508)362-4541 939 main street rt 6a fax(508)362-988Q yarmouth port mass 02675 down cape engineefing civil engineers& land surveyors structural design Arne H.Oiala P.E., P.L.S. Timothy H.Covell,P.L.S. land court February 16, 2000 Daniel A.Ojala, P.L.S. surveys Dear Abuttor: site planning I am writing to inform you of our request for variances from the local Board of Health Regulations in regards to a new septic system which will be installed at Lot 39, Calves sewage system Pasture Lane, Barnstable. The following variances are requested: designs Town of Barnstable Regulation: Part VIII, Section 1: Town of Barnstable 100' inspections Regulation: permits Proposed primary leaching facility to be 75' from the edge of bordering vegetated � wetland (watercourse); 25, variance requested Septic tank to be 83' to edge of wetland (17' variance) Proposed reserve leaching facility -o be 51' from the edge of bordering vegetated wetland (watercourse); 49' variance requested Part XII, Section III(12): 3. Proposed primary leaching facility to be 100' to existing well (50' variance requested); proposed reserve to be 120' to existing well (30' variance) 4. Proposed well to be 106' to proposed primary leaching facility and 101' to reserve (44'and 49' variances respectively) The Board of Health meeting will be held on Monday, March 13, 2000 at 10:30 am at the School Administration Building (behind the Hyannis Post Office), in the conference room. It is suggested to confirm date and time with the Health Department. This letter is to serve as an official notification to abuttors. Sincerely yours, Sarah B. Ojala Down Cape Engineering, Inc. cc: Board of Health Nov-25-98 09 : 50 BARNSTABLE HEALTH OEPT 5087906304 P . 01 THE T ATn: - - MASS. n r If nlof Ba}rnstabie C. BY S- DATE: rnb`-Board of Health etc. ,l;, Mair.Street, Hyannis , Office c ?9 v' / Susan G.Rask.R.S. CS-..t)�_�: FAX: 308-790-630s Sunrer Kaufman.M.S PH. P+ai)t A.Murphy,A1.D. I''.AR.IANCE REQUEST FORM LOCATION /� P-operc;Address: L-IPT C/A 1-V iF S .Assessor's Map and Parcel Number: 2 S� Size of Lot: (eo '(923 11 Wetlands :L Min 300 Ft.. Yes k Subdivision `:ame: No Business"carte- APPLICANT CONTACT PERSON Name: Name: _ />�►�t= OTb-t G10 Address: 2 3 pq f 44 Q l4- AV i;-7 , M. M i L-V4 Address: cI-3!4 Phone: Phone: `3LZ- 4-5-4/ FAX: VARIANCE FROM REGULATIQ !.usi Rcs-� REASON FOR yARI,ANCE (May avch if more specc traded) ►�A 7� `/i t l o o. k►�.w �E T��� �-EL-r A� Al'rr tc 5e cv»relstaJ b�:G,7%c srctJ-persor.rccrmng variance re,tfesr application; Four(a) I copies of plan submitted finc'udine septic spstem plans andlor restaurant floor plans) Applicant understands that the.abetter must be natifted by certified mail at least ten days prior t(:m:ding date a: apo'.icant s expense(for T:tic V and'or local sewage regulation�,ariar:ces only) t Full menu submitted(for grease trap v=ances or.IV) ` _ Variance request applicauor.tee collected l.n%r.ra:treyuro rcditaucir.:<nn al%.jr xvt,o ruant rani to ra c�r.<C�eace oq 1NLG:l mi vwiu¢e rer n'�u tsuw nroecnsm ne:r;,x•enacn:o rC07ir fulea rn.ase daaoui oyromnt:nly.r x•n.p.nnu+mbe`h..:k+�:mp�redil I I Variance request submitted at'east !5 days prior to meeting date t \'A MAN— APPROVED Susan G.Rask,R.S.,Chairman`OT APPROVED Sumner Kaufman,M.S.P.H. P.E.ASON FCR Dr.SA'PROV;IL_ Ralph A.fvt nh�,�LJ. MEMORANDUM Horsley&Witten; Inc. TO: Mr. Edward Pesce . Sextant Hill JOD 90 Route 6A FROM: Dr.Jo Ann Muramot9 Sandwich;MA 02563 DATE:. Thursday, August 12, 1999 (508)833-6600 RE: Status of Wetland and Watercourse located at Calves Pasture Lane Fax(508)833-3150 I visited the wetlands at Lots 38 and 39 Calves Pasture Lane, Barnstable, MA, on July 27, 1999. I can verify that the wetlands are delineated correctly as depicted on the Site Plan prepared by Down Cape. Engineering. Inc., as revised date on April 5, 1999. . The Conservation Commission has apparently approved the Resource Area delineation according to this plan of reference. The Resource Areas present include a Bordering Vegetated Wetland,'a Coastal Bank, Land Subject to Coastal Storm Flowage (Flood Zone A3 el. 11% an Area of Critical Environmental Concern or ACEC. Additional areas under wetland'jurisdiction include the 100 foot jurisdictional buffer zone to the Bordering Vegetated Wetland and top of C a tal Bank. The Bordering Vegetated Wetland was dominated,by wetland shrubs and trees and is probably watered by a combination of high:groundwater and surface water runoff that enters the area from.the three culverts shown on the plan.. The wetland type represented by this Bordering Vegetated Wetland is a swamp, according to the definition in the Wetland Protection Act (M.G.L.s.131, S.40) and Wetland Protection Regulations (310 CMR 10.00). There were slight channels that have been eroded by flowing water originating from the culverts. The regulations of the Barnstable Board of Health,concerning siting of a sewage disposal system, state that "No person, company, corporation, entity, trust or-firm shall install an onsite sewage disposal system leaching facility within one-hundred (100) feet of a Watercourse, as defined in 310 CMR 15.00: THE STATE ENVIRONMENTAL CODE, TITLE 5: MINIMUM REQUIREMENTS FOR THE SUBSURFACE DISPOSAL OF SANITARY SEWAGE. Section 15.01 Definitions." Page 1 of 2 Boston&Sandwich,MA � 1 j (Section 1.13, Board of Health).. These regulations were.adopted on { February 11, 1992. 310 CMR 15.01 Definitions define watercourse as: "Any natural or man- made stream, pond; lake,wetland, coastal wetland, swamp.or other body of water and shall include wet meadows, marshes, swamps, bogs and areas where ground water, flowing or standing surface water or ice provide a significant:part of the-supporting substrate for a plant community for at least five months of the year." According to this definition of"watercourse", the Bordering Vegetated Wetland shown on the plan revised 4/5/99 is a.watercourse because it is a wetland (a swamp) which contains a wetland plant community for at least five months of the year (the growing season), and is supported by groundwater and flowing surface water. Conclusion: On the basis of the definition of watercourse, which is part of the Board of Health's regulations, there is a significant area of watercourse on Lots 38 and 39 Calves Pasture Lane, Barnstable, MA. The boundary of the Bordering Vegetated Wetland is the boundary of the watercourse. The Barnstable Conservation Commission has confirmed via an Order of Resource Area Delineation, that the wetland boundaries are correct.as shown of the Site Plan dated.April 5 1999. i Horsley&Witten, Inc. Page 2 of 2 �0*1HE Tckti Town of Barnstable, Massachusetts Department of Planning and Development ` 'VS''B '(N' Office of The Planning Board �p 059. �0 Tf0 MAC A 367 Main Street, Hyannis, Massachusetts 02601 (508) 775-1120 ext. 190 July 11 , 1989 Aune Cahoon , Town Clerk Town of Barnstable Town Hall _D - 367 Main Street w - Hyannis, MA 02601 rJ:. Re: DEFINITIVE SUBDIVISION 9713 Grid Definitive Subdivision ##713 ; "Jilson" ; Subdivision Plan of Land in Barnstable, Mass.to be Filed in the Land Court Shown As Lot 20 on Land Court Plan ##02950E Scale 1 "=40' ; Plan dated 01/31/89, revised 04/03/89 8 05/22/89; Down Cape Engineering; 3 lots; located south off Calves Pasture Lane, west of Scudder Lane, Barnstable; Assessor' s Map 259, parcel 1 . At a duly posted meeting of the Barnstable Planning Board held July 10, 1989, it was voted to APPROVE the above captioned DEFINITIVE subdivision plan subject to the following: 1 ) That the grade and surface of the present road be maintained to be serviceable as a four season road; 2) That the trees and brush be trimmed and maintained to a width of seven (7) feet from the center of the roadway on each side, and no .less than twelve ( 12) feet in height; 3) All the requirements of the Board of Health; 4) That the applicant be granted a waiver of the drainage and road construction requirements . Respectfully, f osep E. Bartell , Chairman Ba able Planning Board .I�q,vLe Town of Etarnstable ►' „ Department of health,Safety,;toll Environmental Services �y Off t \ - Public Health Division Dale 367 Main Street,Hyannis NIA 02601 nwrwstnnLe y etnea. �n Date Scheduled rime Pee I'll.— -------- Soil Suitability Assessment;for,Sewage Disposal nn M . I'erfunned Ily: '• a4d \ViUresscd Uy: s�7/�/1!( /'lLQf'"-oC// ..stLOCA IION GrIVl�1tAL 11V�+0IZ11IA'I`lON/ Location Address 1-0 Owner's Name CveS � Jam. C/o Alf Address Assessor's Mali/I'arccl: / 3 Linginccr's:Namc NEW CONS RUCTION REPAIR 'I cicphonc 9 Land Use0.4 ,P n -.—.--_ Slopes gCTJ ,Surface Stones Distances from: Open Water Body _ Il 'Possible Wet Area Il thinking Water\Yell Il Drainage Way Il I'roperlp I.inc Il Olhcr ` `Il SKETCH:CH: (Street name,dimensions of lot,exact locations of lest holes&perc tests";locate wetlands in proximity to holes) Pam- IKLA Parent material(geologic) 17 Depth to Bedrock 5O Depth to Groundwater: Standing Water in I lolc:/7 !.N 7/2,4 Weeping from Nil Pace Estimated Seasonal Iligh Groundwater DI EIVYTINA PION FOIZ.S i ASONAL 1.IGTI NVA`T'LA:T'AJIL Method Used: Depth Observed standing in obs.bole: in. Depth to soil mottles: Depth to weeping from side ofobs.hole: _ in. Groundwater Adiustment _R. Index Well N _ Rending Date:_ _ hrdex Well level Adi. factor Adj.(iroundwalcr Lcvcl — _ RCOLAT'TON `T'ES'T:. ti teG iltnc j-j_—_ Observation Mole N I AX SI I imc at 9" 12:Io Depth orPerc 3�t1 r l imc at G" fz .6-0 Start Pre-soak Time(il . j I imc(9--6") -50 AV, — — End Pre-soak 1 ( }ac`� f U Rate Min./Inch d ♦� _ Site Suitability Assessment Site Passed Site Failed: Additional Testing Needed(Y/N) 1 Original: Public Ilealth Division Observation Bole Dula To 13e Conlplele(I on 13,Iclt j Copy: Applicant Gl �/`�ruG J /lylao /11124 (PEEP OBSERVATION IIOLE LOG Hole# Depth from Soil Ilorizon Soil Texture Soil Color Soil Other Surface(in.) (USDA) (Munscll) Mottling (Structure,Stones,I3oulderes. Consistency,%Gravel) 6 —1'Z AP ,li.,rljGoc�, lb Y29j2 I2-3 � �,��Locut -z' ''yIVY DEEI��OBSERVATION HOLE LOG Hole# Depth from Soil horizon Soil Texture Soil Color Soil- I, ., Other Surface(in.) (USDA) (Munseii) Molding (Structure,Stones,Rouldeies. Consistency,% ravcl US 7S Yes, e wm--C : DEET OBSERVATION IIOLE LOG Dole Depth from Soil Florizon Soil Texture Soil Color Soil Other Surface(in.) (USDA) (Munsell) Mottling (Structure,Stoncs,13ouldcres. C nsi tent "/o Gravel _. .__. _._.... .........._.................. __.._._..._....._...._ ..... .... DEEP OBSERVATION HOLE LOG: Hole# Depth rrom Soil Horizon Soil Texture Soil Color Soil Other Surface(in.) (USDA) (Munsell) Mottling (Structure,Stares,13oulderes. Consistent % 'ravel Flood Insurance Rate Map Above 500 year flood boundary No_ Yes ._ Within 500 year boundary No— Yes Within 100 year flood boundary No— Yes Depth of Naturally Occurring Pervious Material Does at least four feet of naturally occurring pervious material exist in all areas observed throughout the area proposed for the soil absorption system? If not, what is the depth of naturally occurring pervious material? Certification I certify that on (date) 1 have passed the soil evaluator examination approved by the Department of Environmental Protection and that the above analysis was performed by me consistent with the required training,expertise and experience described in 310 CMR 15. .�;017 Signature /�I ' Dat4 I L� • N I � IV 6.77 VPL.AwD .K rtwq=W I.00�- r���sµ -1$ LG ms T-L \\ ♦J 7-1 1 3.57Ar_ ` `O a` I Svc In rl �` I�.c.ro,se� � \� �.L s al F 1.19�C 2 g r UPLAJ40 2.11•S MA0.S1i &x.c-s n lb � 1 c D p N A Jt V � 1 3B \ aw '42 Sit^Hp S �7 6 FR. ASAC.•5 1.12►C.-5 T .04.wer 7i t� ci) 1 w J MARSH t 1 n i 73 •s MARSH .tiel y 1 1,°01.G 4•l 2 AC•S TOTAL �'yr 1 04 .ir• _ �B'EP MRECTIOM Of tBAMSTAIDLC BOARD W A8SESSOR `f¢f ANTS A!RfAAP INC. 1tA9aACNtIaE v TS CONWCTICJT 11 G.,Gr ' \ - •, �,r.,,�-W �E f-,� CDG�fly/ �"""".�. _ ...®._:�,d; .v of PRO cj � � +� ' � �, :• .� � ,}� 'fig � '. �' �; p. ' f ' `-•� 4 tom" i/1 r LA A .41 / \ y: r W X � ' o0 IN 000 .� 1W, 1{U11 J/r�"�� � ` .. / �J •°p•� 9k ,q. 1 �•yq D tu• e r - ,�' Trjo � � ' .01 ryry �_ t�{) �. +" ,�• .,ww• ,. - OC - +.. 1!b.R tl•0 O �f.° 6°`.0 A u b'b B, .:y .� 9 d r"'r, ..++ " �• P!� ti.9 a C P P O' 6'6.Q C'q tl II n'C 9 _b ' �l NN All P • MZMMSM• tl�L•IATR.mW.H ,6[�RYIYE�RI�IQ�UYOWbb�WUE91fi6�YW Ym'QaFaC49h'..�..:'-��•3i'�. - S t r 12 I1 +— rjl 12 +_ -L-u m IN.GRADE BEYOND 21r-D' 12'-D' �. 1 POOL W iLR. r ... EJ — — — _ — — _ _ — —. — — �t I f - - FM GRAVE - - 1 NORTH ELEVATION WEST ELEVATION Scale 1/4'=1'-D' NOTE: MATCH ALL EXTERIOR TRIM — SID G— ROOFING - SOFFIT/FASCIA DETAIL 5 WITH EXISTING HOUSE DETA11ILS 4? s t ' 1 1 PDDI.R _ - - - - - - - - - - - --- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ � Z - ^ m EAST ELEVATION xale 1/,•_r-o• SOUTH ELEVATI❑N , i� Scele 1/4'=F-W { b fM1 Q m ' W a j GARAGE POOL HOUSE CALFS PASTURRNSTAB 1 QJ�gge C —1 p��y/ � "'�y I V `�F•Il�� SCALE /4' I'-0' VN BY DL. O g / ��•' ���� DATE 6/7/04 V O A - A N A� WOOLL RD BUILDERS B R ST BLE MA. ELEVATIONS I OF 2 - 1 { 1 lr-r -lo lb r r-0< 24-0' CENTER LINE RIDGE a TRY 1 ( s 1 ( I/2' t 6' S'-1 , y 3 X 10 RIDGE BD, & RIDGE VENT . I 12 I u•ao t/r - 191-6 yr a 2 XI 6s @ 16' O. 11 +- 2 X 8 RAFTERS @ 16' O.C. o ,,STEEL DH OR LVL a W/ CDX OR Ell. SHT'G. # 15 FELT W/ ARCHITECT SHINGL 3 0 zo I COLOR TO MATCH EXIST. HOUSE I POOL HOUSE -- -' GARAGE - - ' i 12 Wa. -- ---- — - — —° — — — — — - ---------- - --i-----.---------- - 17 +- a m x '� 2 X IOs @ 16' O.C. m I �W/ 3/4' PLY WD SUB FLR. MATCH SOFFIT DETAIL TO - EEXIST. HOUSE DETAIL TAR LIP - STEEL BEAMS -2 ro STORAGE 2'-0, OPT. - DROP OVERHANG RO F C E LVE ) 12'-0' BREAK LINE & INCREASE SOFFIT OVERHANG I 31/2' STL. CUL>j iu w EA. END OF BM. it E TYP. 2 X 4s @ 16' O.0 32'-O' L) I I w 231-5' FLOOR PLAN 3 1/2', w 3 1/2' Scate 1/4'=r-D• m TYP. 2 X 6 P.T. SILL tl W/ SILL SEAL r' w 'Ir - 4- CONC. SLAB E3 TOP OF FDN. 11 PITCH TO DR TOP OF FDN. TOP OF FDN. II FIN. GRADE BEYOND v OPTIONAL DETAIL e o TYP. 8' CONC FDN. WALL nr SLAB @ POOL HOUSE az D' POOL HSE. SLAB _ OD - i ---- In + n DR[8'rue IV FT'G. @ GAR.y - 1 FIN. GRADE+' - m J I L - e' O SY 22'-8' 8Y TYP. x' W. X 16' D. X CONT. — — — — — — — — — — — — — — — — — —�-- C. FT'G. aD FT'G. @ POOL HOUS� 0 zlreH%.cURc AB TYPICAL FRAMING SECTION ' a ---4•CONC.SLAB PITCH 1/8.M o t N Scale 3/8' = 1'-0' T19.B-,.THK H CONC.FDN.WALLS & 4'-D'H.{VERIFY HT.AT SITE ON 1 6'V.X B'A%CONT.CIDIC. TG'S - - Q o i !; t_____________________________ -________ ________________-. __ W DROP FDK VERITY AT SITE 32•-D' GARAGE / POOL HOUSE 1 FOUNDATION PLAN CALFS PASTURE - BARNSTABLE,MA. -1 SCALEAN NU I LIAPPREIVEDDRA BY D.O. J 0 USE t/2'DEAN.ANCHOR BOLTS R 6'-V O.C.MAX - DATE REVI f WOOLLARD BUILDERS - BARNSTABLE,MA, a -TEDOR PLAN 4FRAMING SECTION 2 OF 2 1G c ' 2 ✓V`�LE END .. - - _ GhHt 77 L 3 i is Ej C, 1 s t 4 z J L -: _,• I ' ,' �. _.__..".fur — -- �f F'c�•c`�. ' "U GE�lERAf.;NQTES,.-;. THE GENERAL G)NRAC7f? IRLi:VERIFY AIL' T4 � SITE CONDITIOHS'AN©�ALIQtAdET�SiUNS AND' ' . Ot� NOTES ON ALl DfiAWING$Itd THIS$�T 9 TO START OF A�PP/WORK Ai3DSHRLLN©Tf'kY _ DESIGNER©F RTJX£3ESCREPANCiES PAT�A fO; . i-�/x'9 W��=�:•a5 WJsuK Q�LiN�,h: �, �S .� lJ4P� f,1D�I:�'l:h R411G' START'OFANYWORK 3�©rent��•g.'-u/x.L;i-,�E�/Uq,Jt�s:;�J'rs . TH xG'Ftz�6ZS_ ALL OKCONF'ORNIS TOTFiE LATE;TMASSAGFiIiSETTS' UCH};i�K L V W Tilt ri ' STATE SUiLDIN6 CbDE(S.IXTH Eb1�idN)AND ALL pF t ++ , � Gar �tblNctltit� s �zc� r� x xi :� LA;TEST L4CA' 8Ut1:D1NG COOS FIEQUIRERAEN7S: �1L1s x S"';tGX F'bJ> • HE . PT:;uri a9�•T LeW ui ,. fi to:Gs QrGH G4lg cn�iG'; S63 iGJ' Q02Gti1 { X2�T�: 6CJti S t I/WNIfC G"EY7�fz G�NIsNC�'1 E5, . Wes { -, � To �oKcN W7.: bc' ) { `(//x�//�)� G O � � � - � � � � � � � ' ,. - -� � �"C��9=�CJS.�r!�� ?'fits� ''}�1�►�k�"T���..E, tr'►� V . II s `, ni'PkoveD 9r:' owwwN•ar �`j ',. SCR: h J TIMA DAT AEY:5E0 • ING.NUMBE N ti ;. 12 9 VA : 1 t;lx cl-- .,A " • I. ._.f l�— -:-� .,. I' }.., __ ` I— ZIS+_ - I -. : 12 T— - r 1- ! I �c ! I I - Flu' G�cC � : - --- - - - - - s -- - E .. AHAGa TWE GENERAL CONTRACTOR SHALL VERIFY'ALL SITE CONDITIONS AND:AtL OIMENStONS ANO NOtES QN 4 l I IWINCS IN THIS SET PM TO.START OF AN jY WOAW AND;S.HALL N0.3'1FY. DE14iNER OFAN!'DESGidEPANCSES 11flF':TO..'_ .. . _. - ,.�.i - - 5 FAN'(WQRK... raRT O . T}�'�^,ENERAL CfSNTRl1CTOR SHALL tN6URE THAT ,• ALL'WDRK EONFQ�iMS'•TO THE LATEST MASSACF11JSETFS STATE BUILQiNG CQDE';¢SIXTH E{91TK)N :AND ALL C3F THE LATEST`IOCAL BUILDINGCC3DE REduiREMf=N7S• I - �. ,,. - +.. � SGAIE 1 l�•� . � AGWiOVE00Y DRAWN 9Y�L.-tr, 1 _ • 5 �=yr-���_f�bs�rH'• �"�r� .• - _. . . . ,. . �� me:µ r r , 1 — -- Z ZI 3 h i I ultj IF ., < .. � � I i':�'�� �! ':;� { ✓I 9 'a3� II P 7 '.- i _ , •. � - � . '.. -- - _C€NcRAL Nb1ES ..- •Ft RAL CqNTRAQT ORSHALL VERIFY•ALL Al�t�s $I "CaNDfTJO!gS AND Alt*MENStONS AND NOTE$dNA,LOA AVVlNGS1,N7i11S.SEi-PA IQR ___ s START OF ANY WORT£ SHAU NO °- •; a ¢ DESIGNER pF-ANV�SCliE ANJCiES P#T�;q:. 'OF'RNY 1"I� No 3SE I GAS k3c rCNU '' TH6CiEIUi 1�k . Rk CiPub AACT( 4 W© 3R R O THE to 57 SAS S — - - . ., DtNC�'CE3DE S(X'fH EbiT70N)AND Alt OFS. IOCaCL B1JIlDiN,6=CODE fiE4lJtENtENFS.; $TqT�BUiI LA 7915 7HE 'DES I Ei' i�l DATE77 5 .. - r < _ IZ ^ , I _ 7 LEI 77 r , 1 : i - _.- -..- ::. -..., ,.._:' ``"d.=•mow+ca- THE GENERAL CONTflACTQR$HALL VERIFY ALL S ipliNEiNSSSEi PRIOR SITE COIJpiTIONS RND AL NOTES ON ALL DRAWING START:QF ANY WORK ANDSHALL NOT�fY L!J; t 10rE' �taG i�.. DESIGNER:OF ANY DESCREPANCI!S PRIOR TO START DF'ANY.Wp44IS. THE GENEAAL C:gNTH/1CTOA`SMALL INSURE TFWT ALL WORK CONFORMS'IO 7HE 1-ATEST MASSgCHt7SE?TS STATE BUILDING GOOE.{SiXTH_CWK)N)aNp ALi QF DING.(k36E AFOiJiREMFttTS .. 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"z`v-'; . -1: _ ` - { �Q.F, r-`- T I NOTES-ON'A 'D LL DIMENS .. 1 .Ui - N 1_ ..�,' Lt,DP,AW1NfSIN1. .TH .� W. _ -. .I- _ j. IS.SET PA .START OFF ` w 1 AND SHAIl-NOTI. ' 'r :. .. ..:`'. rt P'3 DESIGNER OF. FY' ,...-. - , .:..- .. ...._....- ._ "-c.:. ANV DESCRFPA ; ,.. I... .'.._.; C •X: I S �; K ,. ..,:.. ,.,.-.._ ... .1. . �' .: .v,.- I EGENEfipt fj :'a.. ..:.;- I ... b .. ..- I .. ,.. .. .,., : ONT AACT'OR .. w: t - ALL`N 1. ,. L_..:., _ __ ... _ MWOM E IATESfiMASS CH T a-.: I. .'. — -- - $TATORK 11SET'S i8 .. :... :c y:. .- - IXT.F/ED{.TION e + •'t _:+. .: ,:::. - .. ':.:'. .. - .. THE. .ESI" C i.i', . I n .. P,, u ' �A,BUILDIN .. ..:: ..u.'--..... .. 3CO .'.... .. I. .. -_ . . ... - '.;d.. UF:REO AND .b , .. d 26: EtdE .. -. .. .. .. ,.n-._-. .. : 1. .. . - - . . 1:_ . :.. 1 .. _ . .. - .: .. . .wl . ... .. _ .. :: .. .. - - 86 c - 'r. -. . _ , . - . ,. ahyy 1 •-:. - ,. -(�.0fla.SX5I7'•Nita'�st'Y%I-- GE - [p 4?39'G7c L�lFsSLS �� � � er t1' . I .' . : _ .. :.. . . I I. i i I , i N 1 - — ,. I ----- -- x 9 w _ — --- I I — S 44F I _ I.ski. ..., _�-. .. ., �. .'.:.; o •�� 1 ^� THE ERAL CONTRACTOR SHALL J SITE CON L DIMENSIONS P,NQ ON DRAWING .. NOTES O PNOR O ANY WOAK.AND?H _ SHAIS NOTIFY� - ... R ! C/5 hS6:• :a,I:.: .....::.. -. .• .. .. ..�. .:�. .. ..:... ..::.: ,... ':N: _ DESIGNER ANY OF.SC EPANCIES PfiIOP.T. S ARG OF ANY.WOHK i HE GENERAI CONTRACTOR SHALL.,. LL INSURE'Th1AT , ...-. ,.. .,• V. : a;i E LATEST MAS$AC!.1licE':T ALL'WORK CO !—_ S . :EDITION:" SI (SIXTH TIME-E .: . ..�.;: ... ._'� LABE4i,I,OG:A ODL'itAlt<1. CODE N� .• )AND PLL OF' ME r 3, *- 39 t - I-or.:39 --- - - -- - - .................._. Ai Fil 1 i , : - , 5 . I 5 . . Z P O j L iz I i ff j rT i 0 : `tea• i ' N r R I I i , I I 5 I f GENERAL NOTES ' i `��•. 1�yL: ! �,. I THE GENERAL•CONTRACTORSHALL VERIFY ALL tU I' SITE:COND1710NS.AND ALt DIMENSIONS ANDTES N ON 4 CFO $ALE NOTIFY IS SFT PRIO R' yy ANY�PESCREPANGES._QB TO. ! 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I � I . .; , % I I , - I k(t,,� I /1I"4C. ,.II I SI.,.-I.."I,I I..I .I .- ��. � 1 f , a` ,. ` iF tr ✓��,."I ,I* �I I I I . 1 I.II j . I ).//��] I ,-,/--/7I, 1I , �..- .� I. .I I -.I, ;41 I IL .I .. /� 1�44' ' I I.I I t s> t, ( ,\ 11 ! '' '' f SEPTIC PROFILEHOLE T.O.F. AT EL. 24.0' - -- TE._`T T��OI�IJ LOGS AlICISS COVER TO WITHIN 6' OF FIN. GRADE (NOT TO SCALE) •_ ,,9 - -- ._ n. ._._. ACCESS COVER (WATERTIGHT) TO 4 H OJALA, PE eAR1f$rA�[ H,+leoR �^ / - ENGINEER: ------------- • �r / WITHIN 6' OF FIN. GRADE _ ! 0 MINIMUM .75' OF COVER OVER PRECAST / �a 2 --` 2% SLOPE REQUIRED OVER SYSTEM WITNESS:MIN _--DONNA MIORANDI, RS - -- a(Iy PIPE LEVEE I' DOUBLE WASHED PFASTONE ` - - DATE:-JUNE 3, 1999 � y \21.0 7f o ,/ FOR FIRST 2' / - - TH2A lOM/IN R C' _ 1500 [ - j Ft RATE _ _- -- - -- - PROPOSED �� 1 1 GALLON SEPTIC2O I -/ - -- --- - 2 8 -^ TEE �-_ CLASS II SOILS P# 9446 ' TANF (H- 10 ) / GAS c�' - - [� [� l] f� (� 3� --� BAFFLE 0000 22 - - 0 22.26' o 22.61' 3' c a 096, C7 O O C7 �� O l -- 0 (-2 SLOPE) - �6" CRUSHED STONE OR MECHANICAL -r 21.3 ELEV. ELEV. ELEV. COMPACTION (15.221 [21) ' TH2A TH2B TH3 17.0 q 3/4" TO 1 1/2" DOUBLE WASHED STONE I 0 - 23.3 O 23.3 0 DEPTH OF FLOW SLOPE) ! - - :Ew A SL A SL A LOAM - TEE SIZES: 10 i 1OYR 4/2 10YR 4/2 IOYR 4/2 INLET DEPTH = NOTE SEPTIC TANK AND PUMP CHAMBER TO BE FACTORY CERTIFIED 12 ' 22.3' 12" 22.3' 12' 16.0 WATERPROOF --- - OUTLET DEPTH = 14 ' - - FOUNDATlON- 21' CT 12 - CHAMBER - 25 --- DPump ' BOX - 19 FACII_ TI LEACHING B S� B SL B SILT L LOCUS MAP SCALE ' = l OOO' �6., i 2.SY 4 4 4.5Y 4/4 36 2.5Y 4/4 14.0' -- - - - ?5.0 -- 20.3' 36 20.3' --------- - ---- 70 ALARM AND CONTPCk PANFL / _ 22.5' � - SILT Cl AM SILT LOAM ` \ To BE INSIAL_ED tNS*l '- S LOAM 2 5Y 6 3 \ POILC"C• ALAPy TO K ON Nv. w ?0.r l Cl SEPARATE GlutiCllT FROM P,.P ,D00 GAL N_tD s __ E 2.5Y 6/3 / 11 SILT LOAM ASSESSORS MAP 259 PAPCEL 1 -2 \ PRESSURE PIPE 10 D'HO+ AkARY ON eoo cAL. WEEP "ME l 138" 8 2.5Y S 4 ROAT SVOTCN - RESERVE CHECX VALVE 150' 10.8 "- - / ZONING DISTRICT: RF SETnNGs, wuv oN -- (� N EL. 6.3+/-) 1Oti1/IN PERC YARD SETBACKS: tJ ._w 11C RANGE e 7.2 I 1 CJ tJ -- zotutR •wASTEwR" o ` SUBUCR9PLE MODEL was: I,• Nv R.� E 2 1 44" WATER -- 5 0 - FRONT = 30' I PU►P OFF . SYSTEM (OR EOJAL) - i 1,�Q I LRU`nkD sra+E oR >_ C2 LS 1 4.0 SIDE _ 15' 85 cON.PACI oN LS - - REAR = 15' 7.6 0 12 I a PUMP CHAMBER i 2.5Y 6/4 2.5Y 6/4 PLAN REF. - LCP 20950M T 1 / 1 7 . E N n (NOT TO SCALE) \ - 3 \ / EXI',T WE 204" WATER - 6.3 204" WAfEFr_ _ 6 3 C2 FLOOD ZONE: A3 EL. 11 AND C / 1 o ,� PROP DWELL J 01 TV -24 0' Cl SAND TO TH3 ` ! �r 2 28 ---- 228" 1 76 T') 6.7 I t ww.,, ��---27� S�� � - -- -� - - - - 43 23' \ ; a.-�6 �, -~ NOTES: '1 3 =--T o a6 14 . / i, t'� y ji `Y'` ' ?s ue \ qNV NO )'VATER ENCOUNTERED O CD (L c � Al PROP �.AF 7F ` \ \ _ F. �_ ;' FRL 0 Fp WELL SEPTIC Df SIGN: (GARBAGE DISPOSER IS NGVD RM 7 ` N I EL=24' �s - ---- -- 1 . DATUM IS _�-�---- - - --- _ . _ -- ` � 6 T Str AC , , -� ,o _ BEDROOMS ( GPD) 0 GPD 2 �A� I0. 1.- J) :. .1;, T NOT AVAII_ARl F Y l>f �h��N FI OW 1 1 �,3 4�[ H ,,I r L _ 4'.� - 1 'lE ,,',w LL \r�ING f-UR ALL F�f�FCAST UNITS TO BE AASHO H 10 EP G _ -- ---- { �~� 101 �1� - -- I� , n 5. PIPE JOINTS C RE MADE WATERTIGHT. ? , : USE A _ GALLON SEPTIC TANK. `� � 6. CONSTRUCT'C)N DETAILS TO 9E iN ACCORDANCE WITH MASS. LEACHING: ' E L CODE TITLE V. , E N VI R 0 N M N i A �o: DE ., -_-�_ \��. SIDES: N/A T i h 7. THIS PLAN IS FOR PROPOSED WORK ONLY AND NOT TO BE TOWS "% 15.5 '' -� - t8.9 ., �' BOTTOM- 3 .64'xl4.60'=551 sq.ft. © 0.6r) 9/d/s.f. USED FOR LOT LINE STAKING. 7 - - ` � `�'�� ' - � � -�-�('�1/d 8. PIPE FOR SEPTIC SYSTEM TO SCH. 40-4" PVC. TOTAL 551 S.F. 330'GPD 9. COMPONENTS NOT T t5 5/ � O `� / � je USE 8� FLODIFF INSPECTION Y 0 0 BE BACKFILLED OR CONCEALED WITHOUT / USORS WITH 3.3 STONE AT B BOARD OF HEALTH AND PERMISSION OBTAINED 8.z� 16.2 / \ �� -` _ FROM BOARD OF HEALTH. ,s 2 4 '� ENDS AND 2,82' AT SIDES EFF. AREA=_ 3%64 x14i60' 10 RESOURCE r LOT 39 - AREA DELINEATION CONFIRMED UNDER SE3-3494 ("ORDER OF RESOURCE AREA DELINEATION") ( UPLAND AREA 52,103t s.f. t6.J / �, .a TOWN OF BARNSTABLE HEALTH REGULATION VARIANCE REQUIRED, UNDER 1 1 . ROOF RUN-OFF TO BE DIRECTED TO DRYWELLS ^� 14.0I ! PART \111, SECTION 1.00 II WETLAND AREA 8,534t S.f. \ IS 1 F / /' ?4.0 _ PROPOSED PRIMARY SAS TO BE 75' FROM EDGE OF B)FC=RING VEGETATED / \ WF_TI AND (25' VARIANCE. REOUESTED TTL. AREA 60,6.37S.f. (1.39 or ) t 15.6 \' � �/ � / ' / �4 ) ) J! � PROPOSED SFP11C TANK/PUMP CHAMBER TO BE 83' TO FOG[ OF r A i"" �"1j n' �_"°'B�f % Ir t2 WETLAND (17' VARIANCE) sA 1 AN -- - _ �1 F �- �' \ / O' -13 i PROPUSFD RESERVE TO BE 51' FROM EDGE OF BVW (-9. yin r .4RIA1dCE OF i orE IF PRIMARY SYSTEM G10ULD FAIL. REPLACE S'Sl: IN ITS rr,, [�C' \ �J� \ `� 5y, ~ti , ENTIRETY INCLUDING THE REMOVAL OF I-V T 39 �A L VE S PASTURE LANE _'ISU,TAFI.E/CONTAMINATEC SOILS. REPLACE SYSTEM LN :.'ND. 1.5 � ENGINEER TO INSPECT AND CERTIFY REMOVAL AND REPLN%-EMENT IN THE TOWN OF: /� I i?�If ` OF SOILS AND SYSTEM _ IC.,VN OF 6A NSTABLE HEALTH REGULATION VARIANCE F.L.,JIRED, UNDER I �...,� 1 _ I r 13ARNSTAR F ( VI GF \ 6 r L `-,LTBACS O Lx!SlfN6 ! ';'tCL_L 1�- ,.:..i,iY..t_ OF - -�- 0'; SETBACK TO ROPOSED WELL I16.5 - /5UR RESERVE 101'F70 PROP WELL,110260• TORIANCE OF EXIST. WEl`e(49oAND PRIMARY). PREPARED FOR: --- 7 C� \ �'~I /'' 10.0' -� I 11.� VARIANCES RESPECTIVELY) C. KUHN p gANK \ - DEP j 5' REMOVAL OF UNSUITABLE SOIL REQUIRED AROUND PERIMETER OF \ U 1 SYSTEM DOWN TO SUITABLE SOIL LAYER REPLACE WITH CLEAN MED. 30 p 30 60 90 - -� 67 70--- SAND ENGINEER TO INSPECT AND CERTIFY REMOVAL NO _ W BANS = 30' DECEMBER 27, 1999 LEGEND ,, I 6.7/ T6 I BOARD f.:F HEALTH 1' SCALE: DATE: NO COASTAL 9�__ !- _ MA REV. 2/17/00 (,-0 T 5 BANK APPROVED DATE - 10C.0 PROPOSED SPOT ELEVATION 100x0 EXISTING SPOT ELEVATION 8 / ott 500-362-4541 / `/�I)I_�l la ��1./... to 5W M2-9W �y� ARNE "' � AHNF H ~�• 100 / 8 < H. o OJALA PROPOSED CONTOUR _ 8.4/ /F-- P g v No. 30792 Cl down cape engineering, Inc. NOJ 6L3 8 ¢ " CIVIL Z; -- 100 EXISTING CONTOUR - 150'i to WFLL CIVIL ENGINEERS y���s 9�sT(aEo BVW BORDERING VEGETATED WETLAND "\ ,� LAND SURVEYORS `T4'41 LAN ! ENG\\ � 939 main st. P.L.S. IAA TF. yarmouth, Ina c,2675 ARNE H. OJA LA, P.E., I\EY F-6 ARNSTABLE HARBOR Tb TRANSEC i LOCUS DEP DEP-DELINEA !` ) CO.A')T AL BF NK scuoaER L! . \\ TOWN I -�-- 0 BARNS (AB!L t .GULAl ION DELINEATED C. BANK 7.0 \ p93� 1 9% SLOPE A� A ASURE OF PERCENTAGE PROPOSED %-�,�'HINE 1RAVLRSc FOR PERC. TESTS ' Pt:vi tL ,� II:_ 5 fCA)AIIUN AREA H -/ ' /jy ( �• � � APPROXIMA ,i � —�J y `y5 _ 1 ! I \ I O tl 7 0 10.0 T I qy l 17Z \ ' i I r LOCUS MAP SCALE I " 2 a. \ ' 8 7` %, ., / - 1 ►�, /�U ^ \ ASSESSORS MAP 259 PARCELS I - ray �- 0 /I I I �r r \ A3 EL. 11 AND C / FLOOD ZONE: n o %/ P / . I \' \ - `.,� u� ��� o 28.6 DATUti,: NGV (RM 7) i / ' v 7 8 //� PORTIONS OF SITE THA1' ARE WITHIN1 �h y i- �:y. 6 1 `- 11 FOUf CONTOUR ELEVATION LINE A OF-F l _1 ,� E SANDY N K S ABLE H qj 2 / ACEC EC /BARN l Nay s _ Az� cy 3U'/. OEP Y ` I I 19 _ D/ , / lix i l 1: 5j� — ,'" td9' i #47 .J \ Chi 24 ,. % �41 tS.a J 1 66 � - IM52 `U � 23 0 \No7 P ,\� 1$_. .t ; t1 \ g ��` y3� ! i /�5 PROP 1 E57 HULE� 82 q8i W I // I �� 15F i'� �IJ' ! :frA _. !� �� N4 if ' f0 , /� 19t1 22JI�/ 17 � \ y t? N Il r 7 �5 JI- LAND AREA 4t,737 s f. \ �\ �'30") /.c - , t a.� - ' C' --- - I \ ��.': (LAND AREA 23� 4�49 01'CH \ ��' —^ F� 0 5�. '� �� \ TTL AREA 6 86 s f. � ,�+- 7 , _� t0� -- 10---:�_j' _ \ „ Ol \� 5� \ (1.59 oc.) \ \ \,, 2 a. I ` 8 NV �oASUt \ 21.2 i V 26 3 r N133 \ \ y7 iq29 59 t t \ ' _ , \ 17� �\ 21 i N q N I is \ / I �� \ 8AWh N2 \ \ 14.7 10 y7s ;� BUR ._ r.t ,� vE(;_ ".nTFL) wLTln!v0 \ \ ta.s \ I y9 21 8 \ _ ~` \ti X a���X I \ 17.9 #27 8 -gam 1�, tT�7 Q\ \� �q8 \�gT 8 4 7- �� �2\/D ��i \15 A Nt40 \Ii 6 SI TE PLAIT! �a'+{ o F �s 00 OTS 38 AND 39 CALVES PAS PURE LN.- s 9 O C IHE TOWN OF: �#4 BARNSTABt E (VILLACE ) r d� FARED FOR:gLAURIE A. WARREN 11 'C o to moo-W 3 to. xe '.61 sn.4� 30 0 J0 60 `10 l r �c;� �58.g6 -�.,.-• ..... 9 �8 1" = 30 DATE: JANUARY 4, 1999 -- C,+'�Y1I1 cape engineering, inc. r � 10.t , • 6 SCALE _ _ ,�f p- __.--- REV. 2/8/99 ( TEST HOLES) BhRNSTAblECtUN�'_ftVATi(7td CIVIL ENGINL:'L � 't zj CUAL& REV. 2/10/99 (THs) �.. ` 140. z� 9.8/ { REV. 2 22 99 (C. BANK) LAND SUI-tV�:YURS .�. �fc,mrt .��• *yt '� REV: 3/12/9TRAV 4'', O�ti75 ��_ yamtL%0 •• < __ REV 3/24 59 DEP COASTAL BANK � . 9 main st yarmouth, ma - _ _ 1 REV. 4/5/9 IOWN BANK & SETHACK, DEP BANK ARNL' OJALA, P.F.., P.L.S. P,ATf; --2 8 8 .... - -- _ � i SYSTEM PROFILE TEST HOLE LOGS T.O.F. AT EL. 24.0 " (NOT To SCALE) ACCESS COVER TO WITHIN 6 OF FIN. GRADE ACCESS COVER (WATERTIGHT) TO ENGINEER: A.H. OJALA, PE BARNSTABLE HARBOR _ � WITHIN 6" OF FIN, GRADE 23.0 MINIMUM .75' OF COVER OVER PRECAST � 2% SLOPE REQUIRED OVER SYSTEM 23.7' MAX WITNESS: DONNA MIORANDI, RS LOCUS SUN PIPE LEVEL 2" DOUBLE WASHED PEASTONE DATE: JUNE 3, 1999 21.0' r FOR FIRST 2' PERC. RATE = TH2A 10M/IN C. PROPOSED 1500 ���� GALLON SEPTIC 500 GAL. LEACHING CHAMBERS 20.73' _ �:��/ 20.55 CLASS II SOILS p# 9446 TANK (H- 10 ) GAS 20,08' C1 CI © L� © C7 BAFFLE 20,25' «'«' a 19,90 so T2 [ 0 C1 © 0 0 M C] ( 2 % SLOPE) �____6" CRUSHED STONE OR MECHANICAL 17.90' • ELEV. ELEV. ELEV. COMPACTION. (15.221 (21) - „ TH2A 23.3' „ TH26 23.3' 0" TH3 17.0 3/4" TO 1 1/2 DOUBLE WASHED STONE � 0 0 DEPTH OF FLOW 4 ( 1 7. SLOPE) A SL A SL A LOAM O°M TEE SIZES: 10YR 4/2 10YR 4/2 10YR 4/2 ' INLET DEPTH 10" 12„ 22.3 12' 22.3 12 16.0 OUTLET DEPTH = 14"' LEACHING B SL B SL B SILT L FOUNDATION--- 10' ST 30' D' BOX 20' FACILITY 2.5Y 4/4 2.5Y 4/4 36 2.5Y 4/4 LOCUS MAP SCALE 1 "= 2000' 11.6' 36 20.3 36 20.3 14.0 C1 C1 7.0 SILT LOAM SILT LOAM C1 #93 \ \ 5' REMOVAL OF 13$" 11.8'2.5Y 6/3 2.5Y 6/3 SILT LOAM ASSESSORS MAP 259 PARCEL 1-2 \ J UNSUITABLE SOIL N 2.5Y 5/4 ZONING DISTRICT: RF Q 11 , REQUIRED AROUND 5O 1 O•$ 6 PERIMETER OF LEACHING (G'C! �9 EL. 6.3'+/-) 1 7.2 N FACILITY, DAWN TO 10M/IN PERC „ WATER 5 0' YARD SETBACKS, # 2r�. SUITABLE SOIL LAYER, C2 144 _ _ _ FRONT =30 / , L _ REPLACE WITH CLEAN 00 SLEEVE WATERLINE WHERE MED. SAND. ENGINEER TO C2 LS 156' 4.0' SIDE = 15' 1 I WITHIN 10' OF SEPTIC INSPECT AND CERTIFY LS _ 11% 11.7 REMOVAL. SYSTEM COMPONENTS � 2.5Y 6/4'.; 2.5Y 6/4 REAR - 15' T1 #91 k 0'0 12 I N W + / PLAN REF. - LCP 20950M / 17. ^ 204" WATER M 6•3' 204" WATER 6.3' \\ \� EXIST. WELL C2 FLOOD ZONE: A3 EL. 11 AND C , PROP. DWELL. v f / / w rF =za.o ��� ber stone \ ``'`� SAND / \ I / o TH3 3 B 11 le 0 �g 1 \ C'9� VES p 228" 4.3' 228" 176" 2.3' q /�., ^+� _ 7. 13.0 � '�' 4' CRAWL. \\ � � \\ / `� / 4"' /�j /T2#9 14. 0 / g� \ SEPTIC DESIGN; GARBAGE DISPOSER IS NOT ALLOWED NGVD RM 7 O Do (FROFvi' ANK ~ STAIIQS \\ \ �k. �/ \` C\\ / 1. DATUM IS ( ) cy 7.. 'SACK+lam PROP. GAR. ��* ��' 2`�� j �� DESIGN FLOW: 4_ BEDROOMS (110 GPD) = 440 GPD AVAILABLE 2. MUNICIPAL WATER IS __ T eelrlthl q+ P P- PIT(7H Tr r f ., T 1 To 50' SE 8� ; , � _,�� Qw � Q � \� �'�?`, _ , USE A 440 _GPD DESIGN FLOW _ I I I F' � P [� r ,✓ FROM o � / 8y �� ��Q f f ° 0 �^ <� ` S Q� / <D1r N SEPTIC TANK: 440 GPD ( 2 ) = 880 4. DESIGN LOADING FOR ALL PRECAST UNITS TO BE AASHO H- 10 z _�_ r r # 5. PIPE JOINTS TO .BE MADE WATERTIGHT, EP ^ ► ram' USE A 500 GALLON SEPTIC TANK #51#50`21 T #8 6. CONSTRUCTION DETAILS TO BE IN ACCORDANCE WITH MASS. ;ter ' I f/ LEACHING: ENVIRONMENTAL CODE TITLE V. / 30° DE \r 20 ,� �� i( <2_ SIDES; 2(47.5 + 10.$3) 2 (.60) = 140 GPD 7, THIS PLAN IS FOR PROPOSED WORK ONLY AND NOT TO BE TOWY4 13 1' / re 9 N -� 47 r, 2r. BOTTOM: 47.5 x 10.83 .60 = 308.E GPD USED FOR LOT LINE STAKING. /1j 14° 15.4 _ rs '� j ` i r� --� � l0 8. PIPE FOR SEPTIC SYSTEM TO SCH. 40-4" PVC. ,t5 #68 % �N, `�' % 9\ TOTAL: 747 S.F. 448.6 GPD i P /_-�/// 1T�� 9. COMPONENTS NOT TO BE BACKFILLED OR CONCEALED WITHOUT /#B / 15.5�#70 #67 ` p\.� �� /N. � 1 - _ #46/ � USE y(5) 500 GAL, LEACHING CHAMBERS WITH 3' STONE INSPECTION BY BOARD OF HEALTH AND PERMISSION OBTAINED >> AT SIDES AND 2.5' AT ENDS FROM BOARD OF HEALTH, .4'�\ 10. RESOURCE AREA DELINEATION CONFIRMED UNDER SE3-3494 / LOT 39 10 #451 "/. ("ORDER OF RESOURCE AREA DELINEATION") ` UPLAND AREA 52,103f s.f. 16.0�#71 / ` 11 . ROOF RUN--OFF TO BE DIRECTED TO DRYWELLS / \ / / / 14.- 14 �1 \' 43 PTOWN OF ART VIII, SECTION tB�EALTN REGULATION VARIANCE REQUIRED, UNDER WETLAND AREA 8,534f S.f. 12. WATERLINE MUST BE SLEEVED WHERE WITHIN 10' OF SEPTIC # 5 /. # #4 ��14 � PROPOSED PRIMARY SAS TO BE 77' FROM EDGE OF BORDERING VEGETATED COMPONENTS TTL. AREA 60,637s.f. (1.39 aC.) ���( / WETLAND (23' VARIANCE REQUESTED) S/7E AND SEWAGE PLAN \ �S472y # ` \ \� j sO' 55 I `� 13 PROPOSED RESERVE TO BE 54' FROM EDGE OF BVW (46' VARIANCE)* rR 6 r 1, * NOTE: IF PRIMARY SYSTEM SHOULD FAIL, REPLACE SYSTEM IN ITS OF h'�5. 64 , / ENTIRETY, INCLUDING THE REMOVAL OF L 0 T 39 CALVES PASTURE LANE �74 #, i 5x �\/ UNSUITABLE/CONTAMINATED SOILS, REPLACE SYSTEM IN KIND. OFGINEER TO SOILS ANDNSPECT SYSTEM AND CERTIFY REMOVAL AND REPLACEMENT IN THE TOWN OF: 110 '2 BARNSTABLE (VILLAGE) ,9X ^, #56 _ `" --�`, TOWN OF BARNSTABLE HEALTH REGULATION VARIANCE REQUIRED, UNDER \ 14, •�.#63 -� PART XII, SECTION 111(12) SETBACK TO EXISTING WELL 100', VARIANCE OF \ #75 /'� I6 5y 1 50 PREPARED FOR: C. K U H N 10.01 II `` -- 11 5' REMOVAL OF UNSUITABLE SOIL REQUIRED AROUND PERIMETER OF SYSTEM DOWN TO SUITABLE SOIL LAYER, REPLACE WITH CLEAN MED. #84\.\ �� apNK 'DEP ' . __✓ �4 SAND. ENGINEER TO INSPECT AND CERTIFY REMOVAL \ _ #62 ' -/ //6Y �\ a.5x 30 0 30 60 90 \ __ 1 z.7%8. BOARD OF HEALTH #6 s 7 �,� 58 BANK SCALE: 1" = 30' DATE: DECEMBER 27, 1999 LECtf�Di �_ - S APPROVED DATE - REV. 2/17/00 NO COASTAL 9 �/ T BANK 8/1/00 100.0 PROPOSED SPOT ELEVATION off�"�=.M' 5/4/02 100x0 EXISTING SPOT ELEVATION a 78 # 1 down cape engineering, inc. tA�tN of OF Af 100 .. _.__ ._-PROPOSED CONTOUR oaf' ARNE `�. �� 9cy 8,4 _ CIVIL ENGINEERS � /1RN � -- 79 / --- '= --_ LAND SURVEYORS g ALA �' 100 EXISTING CONTOUR 150't to WELL - mains . r h, ma po _._. ,.. 75�. yVETAN D FLAG t 7 # _ ,-, 939 t ya 8 5 s��o 0 _ #80 -�- + mou 02 N 2 N •M / BVW '7-BOI�DERIRG-VF fIk1EDIWETLAND �� :. / A OJA .S. DA TE 98--28-8--39 -- -_- '' ___ ---- - -- ----- - - ----- ----- - ---- -- -- ----- ----- ----------- _ - --- --- ----------- -- - ----- --- t -� co t-- <C c Lo p � lam✓' ) e "�� _ ----C---gOO M ►„� o` z z _ w 0 , CO1fley, F� UP �. s. o D EC K Irk lat-1 j� �i FAUP I"I D I N—IN(::- ra L_.------ _----- �. j (DATE FLOOR PLAN `+ I REVISIONS_ .` µ PRAWN... BY a DRAWING N0. r) A I }j I j u,f 1 i ;e« r I r•� t � CYD A 1 co IN ri C�6 � a(f I # I M. CLOSET 17 x 15 It OF"EN c� r w TH II Ire ' o DN. I ) ��, f I Ifs 1 � DN. Ike i 14'x161 ------ �fil X2 5K1 LTC. 6r-a-t BEDROOM # + 11 .5'x 1(o' +� CL. SECOND FLOOR FLAN I: C i I AT E. REV IS,10N S _ r , DRAWN [3Y DRAWING NO. A2 4 N�i Ij ---- . .... . .rsaA T.O.F. AT EL. 24.0' SEPTIC PROFILE TEST HOLE LOGS ACCESS COVER TO WITHIN 6" OF FIN. GRADE (NOT TO SCALE) - -�- ACCESS COVER (WATERTIGHT) TO ENGINEER:_. A.H. OJALA, PE �` BARNSTABLE HARBOR 27.0 MINIMUM .75' OF COVER OVER PRECAST �, WITHIN 6" OF FIN. GLADE a 2 2% SLOPE REQUIRED OVER SYSTEM F23 5 WITNESS: DONNA MIORANDI, RS LOCUS L 2' DOUBLE WASHED PEASTONE DATE. JUNE 3, 1999 Cy y� RUN PIPE LEVEL - t !�21.0' �� FOR FIRST :.'' PERC. RATE - _- - TH2A lOM/IN PROPOSED 1500 ,�� 22.8' 9446 2Q / GALLON 5EPTIC 20.55' °� TEE Ivi CLASS SOILSP#80 TANK (H-• 1 0 ) GAS «,� 22.44'BAFFLE 2 2.61' 2 2.26' O 0 [� f� 0 0 3.3' v - ��/bPG . 0 CJ O 1 E ]0.96 � RR ( 2 _% SLOPE) �6" CRUSHED STONE OR MECHANICAL i Z1 3 TH2A ELEV. TH2B ELEV. ELEV. TH3 DEPTH OF FLOW 4 �- COMPACTION. (15.221 [21) 3/4" TO 1 1/2" DOUBLE WASHED STONE Q 23-3 .0" 23.3' 0" 17.0 -01 = ( 1 -_ __ --� 8WB ELE % SLOPE) A SL A SL A LOAMM. TEE SIZES: SCHOOL INLET DEPTH = 10 NOTE: SEPTIC TANK AND PUMP CHAMBER TO BE FACTORY CERTIFIED 12" 10YR 4/2 22.3 12 10YR 4/2 22 3' 12" 10YR 4/2 16.0' WATERPROOF -- OUTLET DEPTH = 14 PUMP C LEAHING FOUNDATION- 2V ST 12 ?5' D' BOX 19' B SL B SL B SILT L CHAMBER FACILITY 2.5Y 4/4 2.5Y 4/4 36" 2.5Y 4/4 LOCUS MAP SCALE 1 "= 2000' 15.0 36" 20.3' 36" 20.3' 14.0 - 7.0 / 22.5' C1 C1 LT LOAM TOABE AND CONTROL INSTALLED INSIDE HE` f SILT LOAM 21.5Y /3 BUILOWG. ALARM TO BE ON C1 \ SEPARATE CIRCUIT FROM PUMP '"� 1N 2D.h3_`\ _ 2.5Y 6/3 SILT LOAM 1000 CAL. H-t0 S 2" PRESSURE PIPE TO D'B°X ASSESSORS MAP 259 PARCEL 1-2 SOD GALWEEP HOLE 138" 11.8' 2.5Y 5/4 F Aiuu ON RESERVE" CHECK vuvE ZONING DISTRICT: RF \ N ,� I ' F1OASETTINcs: PUI4P ON (G-W EL. 6.3'+/-) 150 10.8 1UM/IN PERC YARD SETBACKS: 7.2` N N 4' woRKWC R4HGE E.W. ZOELLER "wASTEMA,E" WATER 5.0' FRONT = 30' O SUBMER9BLE MODEL M282 1/4 HP PUMP C2 144"SYSTEM (OR EQUAL) 1 11% tl 7 1 139 00�S COMPACTION STONE LS 09 C2 LS 156' 4.0' SIDE = 15' I I _ 7.6 0. 12 N w � 1 PUMP CHAMBER / 2.5Y 6/4 2.5Y 6/4 REAR - 15' T1 1 17 . \ K3 N (NOT TO SCALE) DE/ \ PLAN REF. - LCP 20950M- - 5 �� 204" WATER 6.3' 2 04" WATER 6 3 FLOOD ZONE: A3 EL. 11 AND C 3 ' \ � / EXIST. WEL'_ _ - - - C2 PROP. DWELL. Q TF -24.0' a� \ Cq� V � SAND TO TH3 27\ P S j28 176" 2.3' , 4..3 i T2 6.7 '�� v�' 13. • 1Fj �; � r NOTES: - OC) 6 14. o% \ ���� c �e 26 \� �� �/V6 NI:i `NATEZ ENCOUNTERED - O . co (FR ANK Ph.. JSCU WCII _- _ (GARBAGE DI IS - -- PROP. GAK. -_ 2 \ SEP I(_ DESIGN:` N -- -- EL=24' '-'�, ��s / '� --- (G E_ 1 . DATUM IS NGVD (RM I - - - 7 CK z3= - DESIGN FLOW: _ BEDROOMS IiJ _GPD) = 7.so GPD NOT AVAII. ABLE T3 6. r SE`CBA 2. MUNICIPAL. WATER IS 1 50 g�W � � ?R 9 tos' 7 � USE F� 330 GPD DESIGN FL1�W 6 2 FROM 4' 3. MINIMUM PIPE PITCH TO BE 1/8" PER FOOT. �`' SEPTIC TANK: 530 GPD ( _ 660 -) = 4. DESIGN LOADING FOR ALL PRECAST UNITS TO BE AASHO H- 10 EP �h ! '0' USE A 15_00 GALLON SEPTIC TANK 5. PIPE JOINTS TO BE MADE WATERTIGHT. T4 �' _ 6. CONSTRUCTION DETAILS TO 3E IN ACCORDANCE WITH MASS. 6, �, LEACHING: /� � � ---==- ENVIRONMENTAL CODE TITLE V. o 2�. SIDES: N/A 30% DE 5` g %� 19.3\ \ 7. THIS PLAN IS FOR PROPOSED WORK ONLY AND NOT TO BE TOW►6 13� / 15.5 18.9 2'' BOTTOM: 37.64'x14.60'=551 Sq.ft. @ 0.60 g/d/s.f. USED FOR LOT LINE STAKING. 14 . /4 A f \1 rs (�PAN / \'9� TOTAL: 551 S.F. 33009/d 8. PIPE FOR SEPTIC SYSTEM TO SCH. 40-4' PVC. 0 ��-I- - / GPD g. COMPONENTS NOT TO BE BACKFILLED OR CONCEALED WITHOUT 15.5/ l �a� USE (8) FLODIFFUSORS WITH 3.3' STONE AT INSPECTION BY BOARD OF HEALTH AND PERMISSION OBTAINED 8 2/ , 16.2 5 4 / ENDS AND 2.82' AT SIDES ARf A= 37.64'x l 4.60' FROM BOARD OF HEALTH. / LOT 39 15.2 \ 10. RESOURCE AREA DELINEATION CONFIRMED UNDER SE3-3494 UPLAND AREA 52,103t S.f. 16. 1 , 4 ("ORDER OF RESOURCE AREA DELINEATION")TOWN OF BARNSTABLE HEALTH REGULATION VARIANCE REQUIRED, UNDER 14.0I PART VIII, SECTION 1.00: 1 1 . ROOF RUN-OFF TO BE DIRECTED TO DRYWELLS _ �5� WETLAND AREA 8,534t S.f. 151 F 14.0 PROPOSED PRIMARY SAS TO BE 75' FROM EDGE OF BORDERING VEGETATED 8.1r. TTL. AREA 60,637s.f. (1.39 0C.) \ \ 74 WETLAND (25' VARIANCE REQUESTED) 15gi5.6 PROPOSED SEPTIC TANK/PUMP CHAMBER TO BE 83' TO EDGE OF SITE AND SEWAGE PLAN S 12 � `� WETLAND (17' VARIANCE) \'a 6 0' 1 PROPOSED RESERVE TO BE 51' FROM FDGE OF BVW (49' VARIANCE) OF j 1 1 'I NOTE: IF PRIMARY SYSTEM SHOULD FAIL, REPLACE SYSTEM IN ITS LOT If 5% (IV ENTIRETY, INCLUDING THE REMOVAL OF L O 39 CALVES PASTURE LANE \ UNSUITABLE/CONTAMINATED SOILS. REPLACE SYSTEM IN KIND. ENGINEER TO INSPECT AND CERTIFY REMOVAL AND REPLACEMENT IN THE TOWN OF: 0 9% 1.5r `��-12_`_ \ OF SOILS AND SYSTEM f 14, TOWN OF BARNSTABLE HEALTH REGULATION VARIANCE REQUIRED, UNDER BARNSTABLE ( VILLAGE) Fp PART XII, SECTION III(12) SETBACK TO EXISTING WELL 100', VARIANCE OF / 50% SETBACK TO PROPOSED WELL 106% VARIANCE OF 44' (FOR PRIMARY); \ 14� b 5% it FOR RESERVE, 101' TO PROP. WELL, 120' TO EXIST. WELL (49' AND 30' PREPARED FOR: C. K U H N 7, 10.0/ __ 11,� VARIANCES RESPECTIVELY) P BANK / DEP �/ 5' REMOVAL OF UNSUITABLE SOIL REQUIRED AROUND PERIMETER OF _ / 1 SYSTEM DOWN TO SUITABLE SOIL LAYER. REPLACE WITH CLEAN MED. 30 0 30 60 90 i I-- 6% SAND, ENGINEER TO INSPECT AND CERTIFY REMOVAL A I2, 77 8.7 7.� 8.K / NO CO:�FAI,` 8.1 Q�'�/ BANK LEGEND J _ _ _ 87 T6 BOARD OF HEALTH SCALE: 1 = 30' ^ DATE: DECEMBER 27, 1999 NO COASTAL 9 _ MA REV. 2/17/00 „aGll� T� BANK APPROVED DATE 100.0 PROPOSED SPOT ELEVATION 100x0 EXISTING SPOT ELEVATION 8 ofl 5Ob-362-4541 N`/... we aez-seeo 2� A1tNI OJAI MO PROPOSED CONTOUR 8 4/ _ _ _ down ca e engineering, inc. OJ.ALA CIVIL P g B ' NC 2634t: No. 30792 100 EXISTING CONTOUR - 150'1 to WELL -ri - - , CIVIL EN,INEERS BVW BORDERING VEGETATED WETLAND //� � r LAND S[1';VEYOIR'S '��al-Lrt1 S2 939 main st. yarmou na 021;75 ^-`;-- a� 7'"_` G c� ' �� �3 ARNF. H. OJALA, ! .E., 1 .L.S. DATE SEPTIC PROFILE TEST DOLE LOGS r - - - - - -- ACCESS COVER TO WITHIN 6" OF FiN GRADE (NOT TO SCALE) ACCESS COVER (WATERTIGHT) TO ENGINEER: A H OJAt A_ PE §.n"TA`�" WITHIN 6' OF FIN C-PADE z 55 DONNA MIORANDI, RS \ .ocvs - I 27.0 MINIMUM .75' OF COVER OVER PRECAST / )4 2 2% SLOPE REOUIRED OVER S7,TEM MIN� WITNESS: _______-____ - f _ JUNE 3, 1999 1 L % RUN PIPE LEVEL / 2. DOUBLE WASHED PF-ASTONE - DATE: y\21.0' - Ey�y �° FOR FIRS' _ I PERC. RATE _ TH 2 A I OM/IN PROPOSED _Fz 15Q0 j 1 �,. I ) A GALLON SEPTIC �20.55 o I - _ - 9446 dV/ TANKv, tEE / CLASS II SOILS P� w. (H- 10 ) _ _.- ` �...,�,.,; ' . BAFFLE �� 22.44' .� O O C7 [� Cl Cl E,, 22.61' 22.26' ,.= saes y Q' ( 2-7 SLOPE) �6" CRUSHED STONE OR MECHANICAL Zt_3_____ f TH2A ELEV. T H 2 B ELEV. TH3 ELEV I /- BEM \\ COMPACTION. (15.221 [21) 0'_ 23.3' � ______------__-- 23._3 0' ----- -- 17.0 I 3/a" TO t 1/2" DOUBLE WASHED 51UNE - DEPTH OF FLOW = 4 SLOPE) A SL A SL A LOAM I S.Hc TEE SIZES: lOYR 4/2 lOYR 4/2 10YR 4/2 12 16.0' INLET DEPTH 10' WATERPROOF " 22 3' I - i " ' t 2"_ NOTE SEPTIC TANK AND PUMP CHAMBER TO BE FACTORY CERTIFIE) 12 22.3 -- ---- --- --- - OUTLET DEPTH = 14' PUMP B SILT L - - --- -------- -- FOUNDATION- 21 ST 12 --- Z`, - - D BOX -- 19' LEA''HING ! B SL B SL LOCUS VIAP SCALE 1 ' = 2000' I CHAMBER FACIt IT'y 2.5Y 4/4 2.5Y 4/4 2.5Y 4/4 t 5.0 36 20.3' 36 20.3' 36 14_(�' Cl Cl 70 \ ALARM AND CONTROL PANEL ' / 22.5 I SILT LOAM 2.I / SY 6 3 Cl-T LOAM 1 TO BE RISIALLED INSOE - ~ \ StPARRVVLCW$ ALARM To BE ON _ 2.5Y 6/3 SILT LOAM s[PAR\ ATE ORQJIT FROM PVMP '"" '" ?0ss , ,wo Cx w_,o s 7 " ��""- c- °1•t=° p°"' ASSESSORS MAP 259 PARCEL i 800 G„i, WEEP "ME 138 11.8 2.5Y 5/4 ZONING DISTRICT: RF ALARM ON RESERVE D+ECx VALVE 1 50' 10.8' - \ rloAr sMTCH - {, o EL 6.3'+ l OM/IN PER i SETTING$ Pvuv ON - (' YARD SETBACKS: -- 7.2 ~ N 4_Wp�,v INC RANGE °• - zaLLLI -w,Srz PATE• O ,- SUBVC-RSIIBL�V�Y7R: 1/4 N.�..�• 144" WA TER-- -- 5.0_ FRONT = 30' ` Ptnv Orr . SYSTEM (ca Eouvl C2 C2 - - 4 SIDE = 15' 11 1 I 739 85 cow Kr" <<.,E�_ LS LS 156 0' REAR = 15' PUMP_ CHAMBER 2.5Y 6/4 / 4 T1 _ 2.SY 6 4 - I 7.6 D. t2 w / PLAN REF. L C P 20950M 1/ N VI-) (NOT TO Y,AE) 11 DE � cr S. ? 204" WATER 6.3' 6.3' 204" WATER _ ____.___ _ ^ FLOOD ZONE: A3 EL. 11 AND C I lYc �� PROP DWELL r 5 ' S ,a ��C� , C TV eta 0' SAND �\ Q ` / r \\\ \ / \ CA� 8„ I VE ,• 176 wy S P „ 4 ----- _ - --- - 2 2 To TH3 2.3' d 6 4,�. C _ NO WATER ENCOUNTERED NOTES: 41 PROP GAR \� =. 1, „ \ \ cl} WELL Sc1'1IC DESIGN: (GARBAGE DISPOSER IS 1 . DATUM IS NGVD (RM 7) -- ---XT3 EL=24'I , FLOW GEDROOMS (�\ G{ f�) _ _'30 GPD � T c NOT AVAILABLE Ib r _ / 1 T 1 u1W I vJ - . MUNICIPAL Nr1TLR I - ?ANK _'(1 (rD ( _ ) 4. DE' IGN LOADING F OF ALL I r:r_'. AS I EP 2 �,� \ ' _\ - _ 5. PIPE JOINTS TO BE MADE WATERTIGHT. \----- 1�. %01 US E A I _ (�I� GALLON �,tPTIC TANK \ \ ?, / 6. CONSTRUCTION DETAILS TO BE IN ACCORDANCE WITH VASS. `� 6. / , ��` \ I LACHING- i ENVIRONMENTAL CODE TITLE V. ;cw DE s '? ICIES: N/A 7. THIS PLAN IS FOR PROPOSED WORK ONLY AND NOT 10 BE TO'' 155 5 > 189 EO ';q TTOM. 37 E,4'x14.60'=551 ft. © 0 60 a/d/S.f. USFD FOR LOT LINE `TAKING. S30 jd t5.4 , T 1 - 1 s \ t\` \ r ,ro 9 8. PIPE FOR SEPTIC SYSTEM t0 SCH. 40-4 PVC_ t \ TOTAL: 551 S,F, 330 GPD- - 9. COMPONENTS NOT TO BE BACKFILLED OR CONCEALED WITHOUT l / 15.5/ \ O� �---_� -ire` USE FLODIFFUSORS WITH 3.3' STONE AT INSPECTION BY BOARD OF HEALTH AND PERMISSION OBTAINED /16 8 2/ � / FROM BOARD OF HEALTH. 2 F-- ` � ENDS AND 2.82' AT SIDES EF-F_ AREA= 37.G4'xl4.60' / 1 15�, \ 4(� '� - - - -- - - -- - 10, RESOURCE AREA DELINEATION CONFIRMED UNDER SE3--3494 L 0 T 3.9 �/ ("ORDER OF RESOURCE AREA DELINEATION") / TOWN OF BARNSTABLE HEALTH REGULATION VARIANCE REQUIRED, UNDER 1 1 . ROOF RUN-OFF TO BE DIRECTED TO DRYWELLS ( UPLAND AREA 52,103t s.f. t6 0 � ; ��14 0� ;, 15 4 F�aRT vlu, SECTION 1.00: WETLAND AREA 8,534f S.f. \ - / / / 14 (�) '� PROPOSED PRIMARY SAS TO BE 75' FROM EDGE OF BORDERING VEGETATED 15.1 F �' sue- WETI AND (25' VARIANCE REQUESTED) g t TTL. AREA 60,637s.f. (1.39 oc ) \ 1 -� i a T A . 1 s -N I r R„f^;EO .,EPTIC TANK/PUMP CHAMBER TO BE 83' TO EDGE OF � �E ,,�g p �«� �� - ,�� PLAN I \ 1 12 WETLAND (17' VARIANCE) wwwsss"'/ d 1�vD 4.da�... I- i � Pi20POSED ''CSFRVE TO 9E 51' FROM EDGE OF BVW (49' VARIANCE 0f - - - J---- ------ - -- cV �15 � � '' h )CE IF PRIIJAR i SYSTEM SHOULD FAIL. REPLACE :i'/STF=M '"J ;TC; T < (� - :'oTIRETY INCLUDING THE REMOVAL OF _ I_V_ � �ALVES PASTURE LANE 5: - UNSUITABLE/CONTAMINATED SOILS. REPLACE SYSTEM IN KIND. \ \ � - FNGINEER TO INSPECT AND CERTIFY REMOVAL AND REPLACEMENT IN THE TOWN OF: 1 ' 12 1` OF\\ LS AND SYSTEM TOWN OF BARNS ABLE HEALTH REGULATION VARIANCE REQUIRED "JNDER_ BARNSTABLE ( VILLAGE) ID PaOPU,FD %V[11. 106', VANIA.NCE f; - hk SECDON nt 12 SETBACK TO ILMSTING WELL 100'. VAkI,N L -- � 6,5" FOR RESERVE, 101' TO PROP. WELL, 120' TO EXIST. WELL (49' A :E 30' PREPARED FOR: C. K U H N 7 6 t' _ 10 0� I1' I 11.� VARIANCES RESPECTIVELY) DEP �' i 5' REMOVAL OF UNSUITABLE SOIL REQUIRED AROUND PERIMETER OF SYSTEM DOWN TO SUITABLE SOIL LAYER. REPLACE WITH CLEAN MCD. 30 0 30 60 90 1 Ep 10 7 q 5% SAND. ENGINEER TO INSPECT AND CERTIFY REMOVAL -.-----1 LEGEND 8 7� T6 \` i BOARD of IIF,II.TH SCALE: 1 = 30' DATE: DECEMBER 27, 1999 � _ J ---- - _ -s MA REV. 2/17/00 (wctl� � NO COASTAL � -'� I T rJ BANK - - _ APPROVED DATE 100.0 PROPOSED SPOT ELEVATIONUl _ 100x0 EXISTING SPOT ELEVATION 8 / o ,o we sFz-9eeo ARNE \c F ARNF li / H o OJALA 100 PROPOSED CONTOUR OJALA - ` CIVIL j C' 8.4/ down T5 n cape eiigin eerily', in C. v No. 26346 Q No. 30792 - - -- 100 EXISTING CONTOUR - _ 150.3 t� WELL - - CIVIL ENGINEERS f�. A�G1S101�n BVW BORDERING VEGETATED WETLAND �/ _ LAND SURVEYORS �V4i tAPl/ N 939 main st. yarmouth, ma 02675 E A t{N A A t' S UA IT AR K" E Y BARNSTABLE HARBOR 16 TRANSECI_ # LOCUS - SCUDDER L. DEP DEP-DELINE_A'!'`) COAcjlAL BANK 7.0 "rowN BARNS TABI. I. ';_GULAIION DELINEATED C. BANK #93� 1 1 9% SLOPE A A V'. ASURE OF PERCENTAGE 2�_ PROF', ]Lt�>l H ES PROPOSED TRAVERSE FOR PERC. TESTS '39 '.Y5 APPROXIMAi;. rXCAVATION AREA .......... 0 ------------- !2.7 4 7 10.0 t1x lad # l 17% y / S'S- I. '�\ \I \\/5 EXIST. WEi L U) LOCUS MAP SCALE '1 = 9 le TOM 0 4- 6.7 7\ 2 13. 32.6 4r 0 \ly# 7,;0 ASSESSORS MAP 259 PARCELS I - lu% FLOOD ZONE: A3 EL. 11 AND C 28.0 28. DATUM: NGV (RM 7) ;6 �50 7.8 1-3 PORTIONS OF SITE THAT ARE WITHIN, % 11 FOOf CONTOUR ELEVATION LINE A 6. 2 OF THE SANDY NECK/BARNSTABLE H 2,6/ >_1_l / 2 - - / , 1� 2 3.0 ACEC + LIEP 1 0 49# Ju% DEP 19 -111 Q-y - #47 0 \ 24 14 _�lc 19 15.4 bb ��52 23.0 � 1�0 7 #4 20.8 #37 "',�61 1� 18_ � 18.9 1 1 �..__1 , ,_� . PROP TEST HOLES #70 82 #41 #36 .3 87 -T5-4 Lj 2 L -01'T J9 Li 15 LA H! AREA #45 19.-8A 22R I f \#3 / q 1 Ic, .1 I /#6 1.5 4 ,' _-,, 17.2 #3 14.1 -+#42 1 U. 33 I i ANI) A!\L A 4 5� #4-1 4 8. 0 34 I tj L3T j8, #7 0- /.4 cp #65 UPLAND AREA4�5,7.37 s.f. 0, ON j N, CP -01 WETLAND AREA 2��A,49 DI TCH #1-5 rl-L, AREA 6 86 f. 0 ND AREA 2�1,,14 9 AREA 6 0� \X2 4 (1 59 0C 7 1-4%- 7 ,,X # - (1.59 0C.) 24.. #b7 84 #16 67E P 261 10 \#b A! 6;. 4.5 12,7% 8.7 _,221 T-7 #18 1, #S8 NO COASTAL21.2 26.3 �3 BANK #12 0) IN, #i 1 #61 __#60 #59 8.1 1 13VW E.7 N, 0i 9. %k 7.9 00 BANK OASTA- / #2 14.7 2 1 0 19.7 \ 10 j78 ROR�)ERING VEGE TATED, WLTLAND 14 6 , #9 -0 0 69 11-7 #8 \#8 #27_ - 3- r #26 T� V, 12�'j /#79 #ab OCOAS SITE PLAN TANK 1\1.3�##5 PIAN 5 qF RECORD LOTS 38 AND 39 CALVES PASTURE LN. J C) IN THE TOWN OF: #4 BARNSTABI. E (VILLAGE ) 1 I REPAIRED FOR: LAURIL A. WARRLN off 5W-362-451 8.2 #3 fox W8 362-WhO 30 0 30 60 90 AH b 195� ........... down cape engineering, ine. 158. 6 101 SCALE 30' DATE: JANUARY 4, 1999 #2 JaARNSWLE CONcElFRVAT110 REV. 2/8/99 FEST HOLES) CIVIL ENGINEERS OJALA REV. 2/10/99 (THs) S No. 2i:U3 ' REV. 2/22 99 (C. BANK) LAND SURVEYOR- #1 c REV: 3/l2ys9TRAV.REV, 3/24 99 DEP COASTAL BANK 939 main st. Yarmouth, ma0267i / 219-288 REV. 4/5/99 TOWN BANK & SETHACK, DEP BANK ARNE ff. OJA LA. P.E., P.L.S. TE T.O.F. AT EL. 24.0' SYSTEM PROFILE TEST HOLE LOGS ACCESS COVER TO WITHIN 6" OF FIN. GRADE (NOT TO SCALE) ACCESS COVER (WATERTIGHT) To ENGINEER: A.H. OJALA, PE BARNSTABLE HARBOR 23.0' MINIMUM .75' OF COVER OVER PRECAST WITHIN 6" OF FIN. GRADE DONNA MIORANDI, IRS Locus 2% SLOPE REQUIRED OVER SYSTEM ri _3.7'.MAX WITNESS: RUN PIPE LEVEL 2" DOUBLE WASHED PEASTONE\ DATE. JUNE 3, 1999 \21.0 /� FOR FIRST 2' - TH2A ,OM/IN PROPOSED1500 / PERC. RATE - GALLON SEPTIC / 500 GAL. LEACHING CHAMBERS 20 73' TANK H- 10 ) 20.55 CLASS II SOILS P# 9446 L ` ' ( GAS � 1 BAFFLE o000 k2O.O8' c L7 CJ Cl C>-,• 20.2519.90' 8 2' CD 0 Ct CD ED L3 C1 ( Z._7 SLOPE) �__6" CRUSHED STONE OR MECHANICAL 17.90' COMPACTION. (15,221 [2)) TH2A ELEV., TH28 ELEV. TH3 ELFV. ' DEPTH OF FLOW = 4 1 3/4 ' TO 1 1/2' DOUBLE WASHED STONE 0 23.3 0' 23.3' 0" 17. ( 7 SLOPE) A SL A SL �- A LOAM BscvM ELENI' I TEE SIZES: INLET DEPTH = 10" 10YR 4/2 1OYR 4/2 1OYR 4/2 _ 12 22.3 12' 22.3 12" 16.0' OUTLET DEPTH = 14"' FOUNDATION- 10' ST 30' LEACHING D' BOX 20' FACILITY B SL B SL B SILT L LOCUS MAP SCALE � "- 2000' 2.5Y 4/4 2.5Y 4/4 " 2.5Y 4/4 1 t.6' 36" 20.3 36 20.3' 36 14.0, 7.0 C1 C1 -- #93 \ SILT LOAM SILT LOAM C1\\\ \ 5' REMOVAL OF 2.5Y 6 3 2.5Y 6/3 SILT LOAM ASSESSORS MAP 259 PARCEL 1-2 UNSUITABLE SOIL 1 38 1 1,8' cv z' ' REQUIRED AROUND 2.5Y 5/4 ZONING DISTRICT: RF \ �I N PERIMETER OF LEACHING (�-W O EL. 6.3'+/-) -150 10.8 7.2 / FACILITY, DOWN To 1OM/IN PERC YARD SETBACKS: NOTE: C2 # 2 / c> N SUITABLE SOIL LAYER. I 144" WATER 5.0' FRONT = 30' REPLACE WITH CLEAN - - RAIL FENCE TO BE SLEEVE WATERLINE WHERE MED. SAND. ENGINEER TO C2 INSTALLED ALONG \ 11% 11•' SYSTEM 10 OF SEPTIC INSPECT AND CERTIFY LS 156' 4.0' SIDE = 15' 91 0.0 tz i N J REMOVAL. I LS REAR = 15' ROESOUOOT RCESAREASK TO / T1 # t7. D I N W P i , 2.5Y 6/4 2.5Y 6/4 PLAN REF. - LCP 20950M / ^ �s'*77\ � 204" WATER AS204" WATER 6,3' 73 EXIST. WE_L - - - C2 FLOOD ZONE: A3 EL. 11 AND C PROP. DWELL.- r / w TF -24.0' erm stone SAND �, al I = 0� \\ TO TH3 �� B I �\ C'9� S 228" 4.3' 228" 176" 2.3' 23� S /T2#9 7 °/ i 3.0 ' i `�T 4' CRAWL. ` \ \ ^�, ' N NOTES- (FRO�j, ANK STq�R.g \� \ \y;' �� \� SEPTIC DESIGN: (GARBAGE DISPOSER IS NOT ALLOWED `v /_ / __ - p �.�' �s i y \\ �.. 1 . DATUM IS . NGVD (RM 7) -- ��' /TO , i ETgpCK ! PRE,=zssR' i �: -� - �^ �� DESIGN FLOW: __ BEDROOMS ( Gr � _ _._..._. � � � I' __ o / 44 - --- % 5 <. 4 110 ^G, 0 GPr Tr AV A! n / 50' ^ �� USL A 44U GPD DESIGN FLOW 0 < / �^^ 3. MINIMUM PIPE PITCH TO BE 1/8" PER FOOT. - `.-z�� _SEPTIC TANK: '40 GPD ( 2 ) = 880 4. DESIGN LADING FOR ALL PRECAST UNITS TO BE AASHO H-10 i __# 2• 1500-__._- ,ALLON SEPTIC TANK 5. PIPE JOINTS TO BE MADE WATERTIGHT. USE A Tq #$ 51 �,/ j j �T;'` LEA.,RING: 6. CONSTRUCTION DETAILS TO BE IN ACCORDANCE WITH MASS. 30A \ ao � \ ! /� l � ENVIRONMENTAL CODE TITLE V. , T----� / -�.. SIDI 5: 2(47.5 + 10.83 2 60 = 140 GPD TOW/1 3�. 1' DE s 176 ,. ! 54' 19.. ( ) (' ) 7. THIS PLAN IS FOR PROPOSED WORK ONLY AND NOT TO BE / 14' 15.4 152 �, �, �\1 . ,i� _ I 18.9/� _#47 ` ��' BOT .OM' 47.5 x 10.83 (.60) = 308.6 GPD USED FOR LOT LINE STAKING. s # / 8. PIPE FOR SEPTIC SYSTEM TO SCH, 40-4" PVC. #68 \ -. N ' . TOTAL: 747 S.F. 448.6 GPD 15.5 #67 I 00 P � N. I ' /� #46/ 9. COMPONENTS NOT TO BE BACKFILLED OR CONCEALED WITHOUT /#8 / #70 �. a / _�' �'e� USE (5) 500 GAL. LEACHING CHAMBERS WITH 3 STONE INSPECTION BY BOARD OF HEALTH AND PERMISSION OBTAINED 1 1 FROM AT SIDES AND 2..5 AT ENDS BOARD OF HEALTH. LOT 39 --- 10. RESOURCE AREA DELINEATION CONFIRMED UNDER SE3-3494 15. I #66 #45 I / ( UPLAND AREA 52,103f s.f. 16.0�#71 I / ! I_ --�- .1 76 5 4� ("ORDER OF RESOURCE AREA DELINEATION") / WETLAND AREA 8,534t s.f. \ 14.0 11 . ROOF RUN-OFF TO BE DIRECTED TO DRYWELLS 15.1 // 14 0 �` TOWN OF BARNSTABLE HEALTH REGULATION VARIANCE REQUIRED, UNDER �{ I / 4 -- #/ 3 \ PART All, SECTION 1.00: 12. WATERLINE MUST BE SLEEVED WHERE WITHIN 10' OF SEPTIC 1 TTL. AREA 60,637s.f. (1.39 ac.) \ \ / / #4 7q PROPOSED PRIMARY SAS TO BE 77' FROM EDGE OF BORDERING VEGETATED \ \ 1�J:$15� y /^-� / �„ COMPONENTS ��! WETLAND (23'RESERVE TO REQUESTED) SITE AND SEWAGE PLAN \472 #73 \ \ / !! 50, 12 ,� #55 I \ 1� PROPOSED RESERVE TO BE 54' FROM EDGE OF BVW (46' VARIANCE)'k R 6 64 / / / },� NOTE: IF PRIMARY SYSTEM SHOULD FAIL, REPLACE SYSTEM IN ITS OF 4� # \ / �/ ENTIRETY, INCLUDING THE REMOVAL OF T , \o \ 1 5� y\ UNSUITABLE/CONTAMINATED SOILS. REPLACE SYSTEM IN KIND. O 39 CALVES PASTURE _A N E \ ENGINEER TO INSPECT AND CERTIFY REMOVAL AND REPLACEMENT OF SOILS AND SYSTEM,2 \\ \ \\ 14. \ #63 - -� #56 IN THE TOWN OF: �\, PART X11, SECTION 11(12)ESETBACK TO EXISTINGRIWELLEIOOQUVAR ANCE OF B A R N S TA B L E (VILLAGE) �. #75 .a . 1 50 PREPARED FOR: \ �/ C. K U H N 10.01 5' REMOVAL OF UNSUITABLE SOIL REQUIRED AROUND PERIMETER OF #84\ \ \ BANK / �� SYSTEM DOWN TO SUITABLE SOIL LAYER. REPLACE WITH CLEAN MED. DEP _ "" �� - SAND. ENGINEER TO INSPECT AND CERTIFY REMOVAL s2 - / `� � _ a.sx 30 0 30 60 90 8 7// 7 6% 70 - #83� \ 8' _ _ _8:1 B VW 8.7 58 NO Co�'°� BOARD OF HEALTH LEGEND #6 _ BA --Q T6 1" = 30' DECEMBER 27, 1999 #59 - MA SCALE: DATE: REV. 2/17/00 / NO COASTAL q, APPROVED DATE / BANK _ 8/1/00 100.0 PROPOSED SPOT ELEVATION T5 on SM-362-4541 ^� 5 4/ 2 � soe M2-9eeo 1H ©F ,y/�sJ9\` � �q,J9� 8/13/02 (BERM) 100x0 EXISTING SPOT ELEVATION - 8 #78 I � ARNE H. �� � ARNE ? 4/7/03 (HSE DIM, NOTE, wLL / down cape engineering, Inc. o OJALA ;€` H. 100 PROPOSED CONTOUR s � CIVIL. 4, 8.4 �_�`'----,__` Na. 3U792 r 79 _ _ .`t _ CIVIL ENGINEERS 4 ,o 100 EXISTING CONTOUR 15O'f to WELL ��� - _� LAND SURVEYORS' #75 a WETLAND FLAG -- s,'/( ai #80 939 main st. yarmouth, ma 02675 -- - B VW BORDERING VEGETATED WETLAND �8-2 88 - -//?/ /6 '?7 ARNE H. OJALA P.E. P.L. 1 S. DATE 64.ucrr 4-"I'. • gyp , . f-+r p. -0•y1� �^ ti I �� J��-- • c c � � pr n4 /9 4 cu tL.4ts.. Wo. QA*�u4 Di�'�. 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GRADE (NOT TO SCALE) eAkr+sueLE HnrteoR �: ACCESS COVER (WATERTIGHT) TO ENGINEER: A.H. OJALA, PE 23.0' MINIMUM .75' OF COVER OVER PRECAST WITHIN 6" of FIN. GRADE DONNA MIORANDI, RS LOCUS .� 29� SLOPE REQUIRED OVER SYSTEM 23.T Max WITNESS: 2" DOUBLE WASHED PEASTONE DATE: JUNE 3, 1999 RUN PIPE LEVEL PERC. RATE - 21.0 �" FOR FIRST 2' _ TH2A tOM/IN PROPOSED 1500 GALLON SEPTIC 20.55' rr,4 /// 500 GAL. LEACHING CHAMBERS 20.73'Np dd r CLASS II SOILS p# 9446 p �4v.av i TANK (H- 1O ) GAS BAFFLE 20.25' o000 20.08 E,. 19.90' Cl © C7 Cl CI P 2' � C] C� Cl CJ t� � / (_2. 7. SLOPE) �6" CRUSHED STONE OR MECHANICAL _.L 17.90' ELEV.COMPACTION. (15.221 [21) 1 TH2A 23.3' „ TH28 ELEV., TH3 E7�V. DEPTH OF FLOW 4' 3/4" TO 1 1/2" DOUBLE WASHED STONE I - 23.3 0 23.3 Or' ( 1 y SLOPE) A SL A SL A LOAM SSCCHOOL ELEM.00 TEE SIZES: 12" 10YR 4/2 22.3' 12" 10YR 4/2 22.3' 12" 10YR 4/2 16.0' INLET DEPTH � 10" _ OUTLET DEPTH 14"' � LEACHING B SL B SL B SILT L FOUNDATION- 10 5t 30 D BOX 20 FACILITY I 2.5Y 4 4 •• 2.5Y 4/4 LOCUS MAP . SCALE 1 = 2000 11.6 2.5Y 44' 36" / 20.3' 36" / 20.3' 36 14.0' Cl Cl 7.0 SILT LOAM SILT LOAM 2.5Y 6/3 Cl • #93 \ 2.5Y 6/3 SILT LOAM ASSESSORS MAP 259 PARCEL 1-2 \ 5' REMOVAL OF - 138" 11.8' 2.5Y 5 4 \ UNSUITABLE SOIL / \ Q N ��, I I REQUIRED AROUND W 0 EL. 6.3'+/-) 150' 10.8' ZONING DISTRICT; RF �`yIr'c PERIMETER OF LEACHING (" 10M IN PERC YARD SETBACKS: 7.2 N FACILITY, DOWN To / '� WATER 5.0' ' # 2�. 0 SUITABLE SOIL LAYER. I r 144 _ _ _ FRONT = 30 NOTE: / _ REPLACE WITH CLEAN _ C2 SIDE = 15 Oo SLEEVE WATERLINE WHERE MED. SAND. ENGINEER TO C2 ' RAIL FENCE TO BE t. 1 . I WITHIN 10' OF SEPTIC INSPECT AND CERTIFY LS 156 4.0 INSTALLED ALONG 1 0 O 11% 11 7 J �' SYSTEM COMPONENTS REMOVAL, I LS REAR = 1 5' 50-FOOT SETBACK TO / T1 #g1 t7° 'z 1 N W N �- 2.5Y 6/4 2.5Y 6/4 PLAN REF. - LCP 20950M RESOURCE AREAS /. D£ ; ^• ls,�l Ln 204" WATER _ 6.3' 204" WATER 6.3' / 23- \ EXIST. WEI;_L - C2 FLOOD ZONE: A3 EL. 11 AND C PROP. DWELL. �\ / w w TF -24.0' berm stone'. SAND I 1 0 C'q� VES 228" 4.3' 228" 176" 2.3' /T2r7/. T TH3 As � #9 07.13.0 , 4' CRAWL. \ C f F C,q NOTES: go T /� ( 1• r n cnncrr-) is Mn•T nr I f)W_n ►ins ire /n+ �� O (FROM AN r:. S q/RS \ � // '�,.: � SF!`TI( 1]FC I ,N. l .nann .F nl _ �.... m K r \ \ _ i �V -^ PROP. GAR. 1 o� s 4 110 - 440 7UM � �r�, � ,��. _ � � bES1GN FLOW: __ BEDROOMS ( GPD) - GPD AVAILABLE T* To SE�gACK Il-2a.a' �_ /� 2. MUNICIPAL WATER IS / 1 gVW Q - USE A 440 GPD DESIGN FLOW s 2 5 ROM o'TE) o <� ' 7 `3Fp �/ 89. \, ��; `�,�` 3. MINIMUM PIPE PITCH TO BE 1/8' ' PER FOOT. x o (heE r' , �e D� SEPTIC TANK: 440 GPD 2 - 880 10 (.�.) - 4. DESIGN LOADING FOR ALL PRECAST UNITS fi0 BE AASHO H- -�2^' 2� / �`� 1500 5. PIPE JOINTS TO BE MADE WATERTIGHT. EP '� �� � USE A ____ GALLON SEPTIC TANK T4 #8 '' j 51 ��� � LEACHING: 6. CONSTRUCTION DETAILS TO BE IN ACCORDANCE WITH MASS. / 1 ENVIRONMENTAL CODE TITLE V. 30 DE , �O �� I 2z. SIDES: 2(47.5 + 10,83) 2 (.60) = 140 GPD 7, THIS PLAN IS FOR PROPOSED WORK ONLY AND NOT TO BE TO" 3 1. / s 1 . 54' 14° 15.5 '7a ��1 18.91 #47 2?� BOTTOM: 47.5 x 10.83 (.60) = 308.6 GPD USED FOR LOT LINE STAKING. 15.4 _• - 76 >> ,Zo a# i ' °� 8. PIPE FOR SEPTIC SYSTEM TO SCH. 40-4" PVC. / 68T5 r\ . - 19 , TOTAL: 747 S.F. 448.6 GPD 169 # P Ho 4� . 9. COMPONENTS NOT TO BE BACKFILLED OR CONCEALED WITHOUT 15.5 #67 \ p\-0 $X�, 1 _--_#/ r USE 5) 500 GAL. LEACHING CHAMBERS WITH 3' STONE INSPECTION BY BOARD OF HEALTH AND PERMISSION OBTAINED �# �• n FROM BOARD OF HEALTH. 70 \ ` 16.2�#53 / `'�7� \ ADES AND 2.5' AT ENDS LO�- �'� 15. 50 5•4• '� 10. RESOURCE AREA DELINEATION CONFIRMED UNDER SE3--3494 I #66 / I #451 - 16 ("ORDER OF RESOURCE AREA DELINEATION") C UPLAND AREA 52,103t s.f. 16.0�#71 j i / I 1 6 15.4� 11, ROOF RUN-OFF TO BE DIRECTED TO DRYWELLS / WETLAND AREA 8,534t s.f. / / 14.0 .,.W 14 0 TOWN OF BARNSTABLE HEALTH REGULATION VARIANCE REQUIRED, UNDER , #43 PART Vlu, SECTION 1,00: 12. WATERLINE MUST BE SLEEVED WHERE WITHIN 10 OF SEPTIC 1 TTL. AREA 60,637S.f. (1,39 cc.) \ / #4 7.1 PROPOSED PRIMARY SAS TO BE 77' FROM EDGE OF BORDERING VEGETATED COMPONENTS 1�5; 15.6 / WETLAND (23' VARIANCE REQUESTED) S/7E AND SEWAGE PLAN 12 / - IN '13 7 PROPOSED RESERVE TO BE 54' FROM EDGE OF BVW (46' VARIANCE)* 72 #73 #55 1 NOTE: IF PRIMARY SYSTEM SHOULD FAIL, REPLACE SYSTEM IN ITS OF #64 / / h \ ENTIRETY, INCLUDING THE REMOVAL OF �2 '� 4 5R \ UNSUITABLE/CONTAMINATED SOILS. REPLACE SYSTEM IN KIND. LOT CALVES PASTURE LAN F \ ENGINEER TO INSPECT AND CERTIFY REMOVAL AND REPLACEMENT OF SOILS AND SYSTEM IN THE TOWN OF: \ \ \97 #56 TOWN OF BARNSTABLE HEALTH REGULATION VARIANCE REQUIRED, UNDER BARNSTABLE (VILLAGE) p 14. #63 _ A PART XII, SECTION III(12) SETBACK TO EXISTING WELL 100', VARIANCE OF #75 '`�` 16.5% 1 50' • PREPARED FOR: C. KUHN 7A 147 10.01 I'~ - 11 5' REMOVAL OF UNSUITABLE SOIL REQUIRED AROUND PERIMETER OF #$4--. BANK SYSTEM� SAND. DOWN O 0 SUITABLE INSPEC SOIL LAYER. REPLACE WITH CLEAN MED. \ 62EP' . / ` 4.5% 30 0 30 60 90 12.7% `. / 8.7/ No Co BOARD OF HEALTH #83� 8.. -- _._8:1 Pew 58 BANK LEGEND #6 -#� _8.75g T6 SCALE: 1., - 30' DATE: DECEMBER 27, 1999 MA i No COASTAL s I;; APPROVED DATE REV. 2/17/00 T5 '. BANK 8/1/00 100.0 PROPOSED SPOT ELEVATION - 5/4/02 ' Wem-se o 8/13/02 (BERM) 100x0 EXISTING SPOT ELEVATION 8 #78 ����H OF h>s� 0, 4/7/03 (HSE DIM, NOTE, WLL) i down cape engineering, inc. �� ARNE H. G 100 PROPOSED CONTOUR _ 8 cv�� �, HE G= 8.4 ¢ CIVIL ENGINEERS i 79 /�`-- a No. 307 1 n 100 EXISTING CONTOUR 150'-+ to WELL -= LAND SURVEYORS ,o� IST � 3`� aqk� #75 rz- WETLAND FLAG f #80.. 939 main st. yarmouth, ma 02675 Tt � �\ sz Lahrs�� y 0 BVW BORDERING VEGETATED WETLAND W �' b' ARNE H. OJALA, P.E., P.L.S. D21T