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Home My WebLink About0021 DEACON COURT - Health ''1 L)e�c�oybur L � Barnsta @,e J. Savage Fine Fam.ting t i e I r C a 4 4 y - c TOWN ^^OF BARNSTABLE LOCATION � N C-t� SEWAGE# VILLAGE ASSESSOR'S MAP.&PARCEL -� INSTALLER'S NAME&PHONE.NO. JiZ-,eel` f �r�re P� ,s•10 SEPTIC TANK CAPACITY jSVJ fE1 g9pila ,r- py rev Ck--L— LEACHING FACILITY:(type) (size) ��-°�C�- NO.OF BEDROOMS yl� OWNER �—tivPERMIT DATE: ' — fp—/ COMPLIANCE DATE: Separation Distance Between the: Maximum Adjusted Groundwater Table to the Bottom of Leaching Facility 4--C Feet Private Water Supply Well and Leaching Facility(If any wells exist on.` site or within 200 feet of leaching facility) 1�1( A-- Feet Edge of Wetland and Leaching Facility(If any wetlands exist within 300 feet of leaching facility) Feet FURNISHED BY ,� �•�d Li�r G.�-�}t�o��:�,f 3 O 3, 110 ® 3•� 4.3 Ile. 5 a e l No. .10 Fee / THE COMMONWEALTH OF MASSACHUSETTS Entered in computer: PUBLIC HEALTH DIVISION - TOWN OF BARNSTABLE, MASSACHUSETTS Yes h ZippliLatlon for -Misposaf *pBtem Construction Permit Application for a Permit to Construct( ) Repair( ) Upgrade(Abandon( ) ArCcomplete System ❑Individual Components Location Address or Lot No.'w Owner's Name,Addres ,and Tel No. &Ii- 36a 0 q Assessor's Map/Parcel 3eo 's'7 a(m"e_ O ® ��tsstal1�r' l e ddress and T 1.No °�/� Designer's Name,Address,and Tel.No.6-Off Via' - WV O�h!to `ft'� ' cv� l` 00(OZ� c�c� ' ")S' Type of Building: Dwelling No.of Bedrooms e-x_i`s4n Aft+0 `K&kot Size �1 I94P sq.ft. Garbage Grinder( ) Other Type of Building No.of Persons Showers( ) Cafeteria( ) Other Fixtures //Design Flow(min.required) &&0 gpd Design flow provided �e gpd ` la# Date m f t, W a0/s . Number of sheets Revision Date Title"z Size of Septic TankbW 411, -i-eX&h l� ype of S.A.S., - ,3 i Description of Soil t9�1a/JC �J�1�q Nature of Repairs or Alterations(Answer when applicable) �- . � � < t� V- Date last inspected: d 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' de not to place the system in operation until a Certificate of Compliance has been issued by this BoardnIA-- - Si M-- DateApplication Approved byDate Application Disapproved by Date for the following reasons Permit No. a ) 2 Y-7 Date Issued [C --------------- r,y�.a„: ... � Y .�.,g:::may :�...`..,..:«:.�`�*++._^rac9..r.,cw+"-.vo-a .. �,�._ s„i,,.�q_ ,,,rs�.._..s,a.--.......,::: may...--:..•ac,�..R+-�-.^v No. �o ?S ` — -. -. Fee THE COMMONWEALTH OF MASSACHUSETTS Entered in computer:i h t PUBLIC HEALTH DIVISION -TOWN OF BARNSTABLE, MASSACHUSETTS Yes Zipplication for -Misposal 6pstem Construction Permit Application for a Permit to Construct( ) Repair( ) Upgrade(VAbandon( ) FAR/Complete System ❑Individual Components Location Address or Lot No.�� 1�,) � Owner's Name,Address,and Tel No. Assessor's Map/Parcel30e 1 rn rnslkA mA Oixp5Q Installer' Name,Address and Tel.No�'b'`�`�/a 1"3? n Desi er's Name Address and Tel.No. 6U9' �JL V 1 lobivr W.rs66rs Ai ({s one�'� v DC.,i/F 46,rAin 44 A nA6 7,S Type of Building:Dwelling No.of Bedrooms ex,. �w�n jv r Sf rze h i v 19(P I sq.ft. Garbage Grinder( ) J ' Other Type of Building No.of Persons Showers( ) Cafeteria( ). .,. Other Fixtures Design Flow(min.required) &&0 gpd Design flow provided gpd Plan Date,, >T 4?0/`.3 Number of sheets 1 Revision Date AA.5t agj I;zo/3 Title / y Size of Septic Tank 4tb• Sri, } �xisy J "41ype of S.A.S. �- (p{x�) Zya,a itv� taG / 1i`x .S- • .Description-of Soil Q-A,0 t`y,4 5ni//,n o i Nature of Repairs or/Alterations�s/wer when applicable) t.,yi ,/�^, ��Yrc �1a:� rt t(o+nK �Xi�iianc, J[]`Y14r�9 a�e�3{-��` `Miand< hntiS�f,h� r�r�Y� Date last inspected: Agreement: {' t 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 n t to place the'system in operation until a Certificate of Compliance has.been issued by this Board of Health Si e' Date_ �/3 Application Approved by Date Application Disapproved by Cr Date "for the following reasons Permit No. c .1 Date Issued I t/ THE COMMONWEALTH OF MASSACHUSETTS BARNSTABLE,MASSACHUSETTS Certificate of Compliance THIS IS TO CERTIFY,that the On-site Sewage Disposal system Constructed( ) Repaired( ) Upgraded(.4,0" Abandoned( )by Ovr4c,I/Ztl, _p,, �rr,�, ,Mn c— at p2 Lade rr., r^ � [ has been constructed in accordance with the provisions of Title 5 and the for Disposal System Construction Permit No. 01 '�J dated V l/�/ Installer !'�f ti Ot-, ��tl jl j � IC Designer g'/'s7 irt�ol� wv � .� f . t. n e #bedrooms G . Approved desi�flow gPaj The Date of this permits all not b/dConstrued as a guarantee that the system�bt funct ion/as desig fed� Ins e r ;� / �. p cto / t No. Q 1 �� __ _«.__. _____.�____ ._ -� -_-- Fee THE COMMONWEALTH OF MASSACHUSETTS PUBLIC HEALTH DIVISION 7 BARNSTABLE,MASSACHUSETTS Misposal *pstem Construction Permit Permission is hereby granted to Construct( ) Repair( ) Upgrade(JC) Abandon System located at � - and as described in the above Application for Disposal System Construction Permit. The applicant recognized his/her duty to comply with . Title 5 and the following local provisions or special conditions. Provided:Construction must be completed within three years of the date of this permit. Date /i ( /j Z Approved by !� �n�J t{ �p itI• 11I n (/9 DCT-01-2013 13:32 From:BDRTOLOTTI CONST 5oe4289399 To:15087906304 P.1/2 FROM :clown cape engineering inc FAX NO. :0083629880 Oct.. 01 2013 01:42PM P2 13-- 00� Town of R&YU50,011"C keg datf.wy Services � ,� �.a. � '7'�v�4�a�'. �Aeiil�atr, k�lfD�zr.►;nr, ,asp,. g_wy�L Thmas McKean,%DImeto r - zoo tV6��in Strort,Oymmisy NA 0260 a Fex, ans-790-6304 Datm: ewsn�e lwernmuQ 1O"553 .�be�yNlD]C°sl 14�1a�1`a►��`ell AGO Ind'-sigAp.r. 0 W-t-Ly AArl hogIsEer. was issn.ed a PeWit lu iust,5R a (date) (irota Ira,.. l CAU� u 1 ' ' bamed uu a cues gn drma by �drirrs& - { , LN41i (deal ATE _. Ire ify that 1:11C. ®e_otic syrib=referenced above was instsllad uabamntially ticxordi4 to fLe desip, whial.may w+wl�.r�e Cni�nr r�pplc�vad aban�Ga qj=c U j tt�ral ralucflii ra!'tl�e flistn'1h1111+5r:11'boy.ax dlfry':'Ip,#:IAlk f ar*ify thfti tho seplir, Ay$felll rUf0Xt,1 -'1i abim, wm in;�Ial;lyd with z�Ajor. ch:�rigrl3 (i U. peca-f thal-I 1.0' ,feral relocation of(h, W ni arty rtslocati.nn (if elly COMpOUm- t of the faccaa man e WAL`Sate & r,cirtml I,tegl.let,iang. Y"1[w LeV,1,14 n.or chi F;,c�l r� i� t lip d r h-x to ;dot:t: nw. OV A6gge QANIELA. 0JAL.A j �No 465fY� r, (fD S��QNAL .l(i x +.•49I W"9 tat =p R-1 J �=5 d "I-NU -1ST. ;.a f . ._ —QL '�� > .�I Dt7�� , ' jgy BAQg�,A>[ , r Town of Barnstable P ff OFIHETO� Department of Regulatory Services / STAB , : Public Health Division Date Y MASS. � N� �,,,n 0 a0A i5 �m 200 Main Street,Hyannis MA 02601 rF MA'1 I IDate /A 1013 :Scheduled Time Fee Pd 1 S ')Sui ability Assessment for Se I)is os " Performed By: " +°. An U Ar0- p � e'/VLe Witnessed By: 61 0CATION & GENE INFORMATION Location Address �a-0-0� eo"y,.-t Owner's Name Ct.t//l,p�Gc Address l Assessor's MapNarcel: 300/57 Engineer's Name b Q V)rX NEW CONSTRUCTION REPAIR Telephone Land Use Slopes(%) Surface Stones Distances from: Open Water Body ft Possible Wet Area ft Drinking Water Well ft Drainage Way ft Property Line ft Other _ ft - SKETCH:(Street name,dimensions of lot,exact locations of test holes&perc tests,locate wetlands in proximity to holes) Al !! r �a I LI vy :=r 6Q .�• .. � M �. �i�€21 a. Parent material(geologic) ��4.t;«- Depth to Bedrock Depth to Groundwater: Standing Water in Hole: Weeping from Pit Face Estimated Seasonal High Groundwater DETERMINATION FOR SEASONAL HIGH WATER TABLE Method Used: Depth Observed standing in obs,hole: " in. Depth to soil mottles: in. Depth to weeping from side of obs.hole: in. Groundwater Adjustment ft. Index Well# Reading Date: Index Well level Adj.factor Adj.Groundwater Level_ PERCOLATION TEST Date pp Time Observation Time at 9" R tl E • - Hole# 7-5 Depth of Perci Time at 6» g 0" _ Start Pre-soak Time @ 'X Time(9"-6'�YO _ End Pre-soak 1 Rate Min./Inch `2- Site Suitability Assessment`"Site Passed ,Site Failed: Additional Testing Needed(Y/N) IAJ Original: Public Health Division Observation Hole Data To Be Completed on Back = -- ***If percolation test is to be conducted within 100' of wetland,you must first notify the Barnstable Conservation Division at least one(1)week prior to beginning. Q:\SEPTIC\PERCFORM.DOC DEEP OBSERVATION HOLE LOG Hole# _ ' Depth from Soil Horizon Soil Texture Soil Color Soil Other Surface(in.) (USDA) (Munsell) Mottling (Structure,Stones,Boulders. Consistency %Gravel) Z,.5-y% DEEP OBSERVATION HOLE LOG Hole# Depth from Soil Horizon Soil Texture Soil Color Soil -her Surface(in.) (USDA) (Munsell) Mottling (Structure,Stones,Boulders. -- , Consistency,%Gravell /Y 7Z <� M,5 5'y41g DEEP OBSERVATION HOLE LOG Hole# Depth from Soil Horizon Soil Texture Soil Color Soil Other Surface(in.) (USDA) (Munsell) Mottling (Structure,Stones,Boulders. Consistency,%Gravel) DEEP OBSERVATION HOLE LOG Hole# Depth from Soil Horizon Soil Texture Soil Color Soil Other Surface(in.) (USDA) (Munsell) Mottling (Structure,Stones,Boulders. Consistency,%Gravel) t ]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 Occurrinlr 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? -e�- If not,what is the depth of naturally occurring pervious material? Certification I certify that one` (date)I 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 Date Q:\SEPTIC\PERCFORM.DOC WI k F S l3 - dd`f Town of Barnstable 139 �FtNE � Department of Regulatory Services / * = Public Health Division Date * BAMSrABLE, * - y MASS. g 00 16 ♦� 200 Main Street,Hyannis MA 02601 m MP'� -. l�~ � Date Scheduled Time L.� Fee Pd. S ' Sua ability Assessment for Se Das os Performed By: 6/J(°_ L)w ` • a em ivy, Witnessed By: kOCATION-&GENERAL INFORMATION Location Address r\ e�a Cv rA Owner's Name S,�p Va 4 Address \- Assessor's Map/Parcel:Soo T7 Engineer's Name U D /�l ,�/ �r/ NEW CONSTRUCTION REPAIR Telephone# C�d�)3W — ?5 7 Land Use Slopes(%) Surface Stones Distances from: Open Water Body ft Possible Wet Area ft Drinking Water Well ft Drainage Way ft Property Line ft Other ft SKETCH:(Street name,dimensions of lot,exact locations of test holes&perc tests,locate wetlands in proximity to holes) �d QL °7 JPa 6o a � Y Bedrock Parent material(geologic) dC.Cia E� "� Depth to Bedrk Depth to Groundwater: Standing Water in Hole: '�""''"'' Weeping from Pit Face Estimated Seasonal High Groundwater DETERMINATION-FOR SEASONAL HIGH_,WATER TABLE , Method Used: Depth Observed standing in obs.hole: in. Depth to soil mottles: in. Depth to weeping from side of obs.hole: in. Groundwater Adjustment ft. Index Well# Reading Date: Index Well level Adj.factor Adj.Groundwater Level PERCOLATION TEST. Date Time: Observation Bofo Hole# Time at 9" s Depth of Perc Time at 6" � r Start Pre-soak Time @ Time(9"-6") _ End Pre-soak t # Rate Min./Inch Site Suitability Assessment: Site Passed V Site Failed: Additional Testing Needed(Y/N) Original: Public Health Division Observation Hole Data To Be Completed on Ba&---- -- l/r,,P, prN,T lt AL50 ***If percolation test is to be conducted within 100' of wetland,you must first notify the Barnstable Conservation Division at least one(1)week prior to beginning. Q:\SEPTIC\PERCFORM.DOC DEEP OBSERVATION-HOLE LOG Hole#: L - Depth from Soil Horizon Soil Texture Soil Color Soil Other Surface(in.) (USDA) (Munsell) Mottling (Structure,Stones,Boulders. Consistency %Graven SL _7 14; DEEFOBSERVATION HOLE LOG Hole# . "4 Depth from Soil Horizon Soil Texture Soil Color Soil Other Surface(in.) (USDA) (Munsell) Mottling (Structure,Stones,Boulders. Consistency.%Graven //—7Z Ce IM5 Z,_9, fit)- .2, DEEP OBSERVATION HOLE LOG Hole# 07, Depth from Soil Horizon Soil Texture Soil Color Soil Other Surface(in.) (USDA) (Munsell) Mottling (Structure,Stones,Boulders. Consistency %Graven 2, DEEP OBSERVATION HOLE LOG Hole# Depth from Soil Horizon Soil Texture Soil Color Soil Other Surface(in.) (USDA) (Mansell) Mottling (Structure,Stones,Boulders. Consistency %Graven ]Flood Insurance Rate May: �p Above 500 year flood boundary No_ Yes Within 500 year boundary No_ Yes -- Within 100 year flood boundary No_ 'Yes Denth 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 onset°' (date)I 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 exp rience described in 310 CMR 15.017. t. Signature ,.« Date Q:\SEPTIC\PERCFORM.DOC Message Page 1 of 1 Wadlington, Ellen From: McKean, Thomas Sent: Friday, May 24, 2013 11:06 AM To: Wadlington, Ellen; Parvin, Lindsay Subject: RE: 21 Deacon Court, Barnstable ....until further notice -----Original Message----- From: McKean,Thomas Sent: Friday, May 24, 2013 11:05 AM To: Wadlington, Ellen; Parvin, Lindsay Subject: RE: 21 Deacon Court, Barnstable - FYI - I contacted Town Attorney Ruth Weil this morning and e-mailed her copies of the latest correspondence. No additional letters, e-mails, or other correspondence to be sent out on this subject. -----Original Message----- From: McKean, Thomas Sent: Friday, May 24, 2013 10:48 AM. To: Wadlington, Ellen i Subject: Re: 21 Deacon Court, Barnstable Yes its okay to give him copies at 20 cents per page. From: Wadlington, Ellen To: McKean, Thomas Sent: Fri May 24 10:20:29 2013 Subject: 21 Deacon Court, Barnstable Scott Hempstead came in today and wanted to make a copy of the file. I'asked him to wait until you came in to get copies. Just had a call from Kate Mitchell to say I should let him make copies, because it is public record and he has a chance to get it. Elleir waellbrldlr 5/28/2013 .` Commonwealth of Massachusetts _ Executive Office of Energy Environmental Affairs Department of Envirrme.nta`1 Protection Southeast Regional Office•20 Riverside Drive, Lakeville.MA M347'•5081946-2700 D_EVAL L PATRICK •RICHARDFK.SULLIVAN JR. Governor Secretary. TIMOTHY P.MURRAY _ KENf�ETH L.KIMMELL Lieutenant Governor Commissioner May 23; 2013 Mr. and Mrs. Scott Hempstead �, RE: Subsurface Sewage Disposal— 310 CMR .21 Deacon Court 15:000 Title S of the State Environmental. Barnstable, MA 02630 Code,,, Dear Mr. and Mrs..H y em stead: p MassDEP is providing a response to-your,letter of May 22, 2013 in which you, request . clarification of capacity" as it relates'to 31:0 CMR 15.000.("Title 5"). g i Title 5 references capacity in the context of approved`capacity which is defined pursuant to 310 CMR 15.002 as follows:. Approved Capacity The capacity of a 1978" Code systemreflected by -the'sewage flow ;as . . shoes oAthe Disposal Works:Construction Permit Application or as shown on the Certificate_ of. C 11 iiee whit ever is less for stem and not thccalculated ca aci 'based on •l 78 dip Y tY 9 P C¢rde loading rates which may-account for over:design or.safety•factors. For&system designed in acrdale.with 310 CMR 15.000; the approved calculated capacity is based on the loading rates tir found atc�10 CMR 15.242.co _ f. N Z I cording fpi the Disposal"Works `Construction Permit.you provided,"the system was g pciiiittafor thre 3) bedroorris. .Absent any,other documentation which would indicate that a pextf�bedroor were properly permihed'by the,Board of He'alth:prior to March 3 , 1995, MassDEP considers the approved°capacity of the Title 5-system°serving your property to be three ' (3) bedrooms. r _. - ..1. .. If you have any,, -or require further-information, please feel free to contact'int at - (508)946-2814. V truly yours, ' 4 Brian A. Dudley t Bureau of Resource Protection' This information is available in alternate format.Call Michelle Waters-Ekanem,Diversity Director;at 617-292-5751.TDD#1-866-539-7622'or 1-617-574-6868 MassDEP.Website:www.mass.gov/dep Printed on Recycled Paper :� cc: Mr. Thomas McKean Bo ard of Health 200.Main Street Hyannis, MA 02601 RAdudley/technical assistanceBamstable/Hempstead.docx 1 '7 Y s h 3 ..3 T gown o rnsxt e r , Barnstable 'THE F��, Regulatory Selrvices epaftment RMA ABLE, MASS 200 Main Street, Hyannis MA 02601 .2007 0-m ce: 508-862-4644 Thomas F.Geiler,Director p, FAX: 508-790-6304 Thomas A.McKean,rN^v -May 11 201 3 j Kate Mitchell, Es I q• , P.O. Box 160 i Jest Barnstable. MA 02668 Re: 21 Deacon Court,Barnstable' Dear Attorney Mitchell: z �' In response to,your,letter dated May2, 20133 on the above referenced matter,'I never j stated that I lacked the correct information when I composed the letter dated January 16, ' 2013. Furthermore, statements which may or may not have been made over the phone-to your client should not be written as fact in your letter.*} The letter noted that I had no objections to (4) four bedrooms at the above referenced address. My determination was not meant to certify the future performance of the system. I made this determination based on the engineering plan associated with the 1986 Disposal Works Construction Permit acid the Title 5•Inspection dated October 24, 2012 which was performed by Michael Kellett, a certified septic ainspector for the State of Massachusetts. A The Title. 5 inspection report only describes conditions at the time of inspection and under the conditions of use at that time. The inspection does not address how the,system will perform.in the future under the same or different conditions of use. In response to the current septic failure at 21.1)eacon Court as reported by Patrick M: I O'Connell on April 1, 2013 (five months after the previous inspection), a repair order will be issued to the current ov ner as it is the responsibility of the owner to make such repairs, I , Sincerely, i Thomas McKpan,'R.S., CHO Director of Public Health McKean, Thomas From: McKean, Thomas Sent: Wednesday, May 15, 2013 3:24 PM To: 'Hempstead, Scott' r Cc: Maura; Kate Mitchell Subject: RE: Issue with Septic approval Process at 21 Deacon Court, Barnstable, MA Good Afternoon, The existing leaching system was designed with adequate capacity for four bedrooms, actually for a greater number than four bedrooms, at 678 gallons per 'day. It is common_ to over design a system with additional capacity. It does not mean that the inspector was wrong or an inspection was inaccurate. The disposal works construction permit was issued for three bedrooms. The original inspector was accurate in regards to ,the approved number of bedrooms as recorded on the disposal works construction permit. If there are in fact more bedrooms, this Office had no knowledge of that. As I indicated earlier, the Health Division does not utilize i Assessor' s records for bedroom counts, as the definition of bedroom is different at the Assessor's Division versus the Health Division and MA DEP. Also, the number of bedrooms noted on an inspection report, accurate or inaccurate, would not be a basis for rejecting an inspection report. It .is not listed as one of the "failure criteria in the Title 5. A report could indicate only 2 bedrooms, or it could indicate 6 bedrooms, and it would not be rejected by this Office and it certainly would not be a basis for "failure" if the number was inaccurately noted. I hope this and the multiple e-mails preceding this e-mail I sent you answers all of your questions. Have a nice evening. Sincerely, Thomas McKean -----Original Message----- From: Hempstead, Scott [mailto:Scott.Hempstead@bostonbeer.com] Sent: Wednesday, May 15, 2013 2 :45 PM To: McKean, Thomas Cc: Maura; Kate Mitchell Subject: Re: Issue with Septic approval Process at 21 Deacon Court, Barnstable, MA Tom The report submitted to the town was inaccurate. It stated that the system •was a three bedroom, and you are now saying. . . .after the fact and after the close. . . . .that its a four bedroom.. The original report was inaccurate. Would you agree what was submitted on October 24th was wrong? thanks again for your patience! ! Sent from my iPad On May 15, 2013, at 2 :32 PM, "McKean, Thomas" <Thomas.McKean@town.barnstable.ma.us <mailto:Thomas.McKean@town.barnstable.ma.us>> wrote: Good Afternoon, I did not state that the original report "faulted due to inaccurate information These are your words. The first inspection occurred more than five months before the second inspection. Conditions changeover time; for example the water usage may or may not have increased 1 KATE MITCHELL Attorney at Law 761 Main Street 3, ' P.O.Box.160 West Barnstable,MA 02668 (508)'3'62-13.69-(Telephone) (508)362-1368(Facsimile) www.k.atemitchellattotney.com •kat6init6hell@comcast.net Paralegal: Kimberly A.:DuP u;s VIA FIRST CLASS MAIL May.,2, 2013 Adam T:`Dupuy, Esq. s Ardito, Sweeney, Stusse, Robertson & Dupuy, P.C. v 25 Mid-Tech Drive, Suite C ' West Yarmouth, MA 02673 `" z ' s Re: Hempstead/Savage Escrow Agreement,? Dear Attorney Dupuy: received your-correspondence dated April 23"2013 on the above-referenced matter Your._ client's position is'contrary to what you and I have'discussed To'summarize.that discussion: . <. ,.. First m clients chose to obtain a:sec6nd-'o`Jhion.from Ins "e ctor F atrick M. O'Connell Y p. , P based on the misinformation on the.onginal inspection report"and my clients'`follow'up research on the minimal post-closing information''provided`by.Mr. Savage. Inspector O'Connell found that the'pit was in hydraulictfailure' , completely contrary:to what the original inspector's report indicated."Also, the premises;'by state and local definition is a four- bedroom house, not a three=bedroom house: 'It seemed quite clear, that the original inspector did not inspect the inside of the house to count the bedrooms nor.did he inspect. c the pit which was and still is,clearly in hydrauhc`failure: z Second, when my client spoke-to Th.om McKean, he advised Mrs. Hempstead that'he did not have the correct information, i. e:.that the pit was in hydraulic failure,,when the letter dated January,16,,t 2013 was Written and he wouldnot have signed it if he had had all of the . facts. Thirtl; my clients have been waiting for.Mr.�O'Connell's written inspection. report, which they Y finally received April 30th . -Fourth, my clients were,proceeding in obtaining-'an estimate from Bortollotti.Construction for r the system to be upgraded and meet the requirements of a'four'bedroom system. r f Letter to Adam T. Dupuy, Esq. RE: Hempstead/Savage Escrow Agreement Date: May 2, 2013 .Page 2 of 2 Enclosed please find Mr. O'Connell's Inspection Report. I .note that he neglected to indicate on page 1 that the system'faiied. However, please,see Section`B (b ) on pages 4 & 5 where he,determined that the system.failed.., Your client is mistaken in his position Pursuant to the terms of the escrow agreement dated December 11, 2012, L, as,escrow agent,`have authority from both.parties to proceed : with the required upgrade and intend to,do so. Also, enclosed please find an estimate from Bortolotti.Construction showing a cost.of 4" " $12,575.00. Sincere ly, Y i 'Kate e t Mitchell -1)-- JJ l enclosures cc: Scott and Maura Hempstead.(w/o enclosures) w r I �= Town of Barnstable ' Page 1 of 2 Regulatory Services Department .Barnstable A"irMea0v Public Health Division 1 Dml 200 Main Street, Hyannis MA 02601 i BARNSPABLE ' 2007 MASS. 9 i6�9 Office: 508-862-4644 Thomas F.Geiler,Director FAX 508-790-6304 Thomas A.McKean,CHO Received from Scott Hempstead by E-mail May 20, 2013; Hi Tom I spoke to Brian Dudley at the state this morning and'he confirmed that you two spoke and that he reiterated that the septic system at 21 Deacon Court, Barnstable,.MA is indeed a 3 Bedroom Septic defined by Title V Approved Capacity. Can you please update the attached letter from you Dated January 16, 2013? " We are asking you asthe Director of.Health for Barnstable to clarify that,the Town of Barnstable:and the State of Massachusetts view the current septic system>at 21 Deacon Court, Barnstable, MA as a 3 Bedroom Approved Capacity, NOT a bedroom Approved Capacity. For your convenience; I have attached the documents we all discussed and.reviewed, including the State of Massachusetts definition of"Approved Capacity Your prompt attention.to this matter is greatly'appreciated as we need to get the contractor bids completed and the process rolling, Thanks, Scott Hempstead 617 755 2337 Response to Scott Hempstead May 22, 2013 Re: 21 Deacon Court, Barnstable Assessors Map 300; Parcel 057 Barnstable, Massachusetts bear Mr. Hempstead, The original 1986 Disposal Works Construction Permit has an approved,capacity of three (3) bedrooms. This is the official number of bedrooms approved according to the State Environmental.Code, Title 5, based upon the number of bedrooms originally recorded on the disposal works construction permit application on record. This property is not located in any nitrogen sensitive areas. Also, the registered sanitarian over=designed the system with additional stone surrounding the leaching pit, allowing for additional capacity. Therefore, I have no objections to maintaining (4) four bedrooms at this property. Page 2 of 2 Further, it has been the consistent and:past practice of the Health Division.to allow a property owner to maintain an additional bedroom in such cases where the system is over-designed" and the property is located outside of any nitrogen sensitive areas. This continues to be our practice today. When I wrote the letter back on January 16, 2013, the septic system"passed" an inspection. performed on October 24, 2012 by a DEP certified septic inspector. However in regards to the status of the septic system as of this date, according to our records a recent septic system inspection revealed that this system failed an inspection. Therefore, this system must be repaired or replaced within sixty (60) days. Sincerely, as cKean, R.S., C 'Director of Public.Health' y Town of.Barnstable . Regulatory Services Department Public Health Division • BARNSTABM MASS 200 Main Street, Hyannis MA 02601 FD MA'1 A Office: 508-862-4644 Thomas F.Geiler,Director FAX: 508-790-6304 Thomas A.McKean;CHO May 22,2013 Re: 21 Deacon Court, Barnstabl e Assessors Map 300; Parcel05Z Barnstable, Massachusetts To Whom It May Concern, This letter clarifies that the Health Division has no objection to four (4) bedrooms at this property. The original 1986 Disposal Works Construction Permit has an approved capacity of (3)bedrooms.This is the official number of bedrooms approved according to the State Environmental Code, Title 5, based upon the number of bedrooms originally recorded on the disposal works construction permit. However,if it can be determined that the additional bedroom(s) existed prior to March 31, 19-95, this approved capacity restriction does not- apply. When I wrote the letter dated January 16, 2013 the septic system``passed"per the inspection performed.October 24, 2012 by a DEP certified septic inspector: This property is not located in a nitrogen sensitive area.Also, the registered sanitarian over-designed the system with additional stone surrounding the leaching pit, allowing for additional capacity. Therefore, I have no objections to maintaining (4) four bedrooms at this property. Further, it has been the consistent and past practice of the Health Division to allow a property owner to maintain the additional bedroom(s) in such cases where the system passes inspection and the property is located outside of any nitrogen sensitive areas. This continues to be our practice today. Sincerely, Thomas McKean; R:S., CHO Director of Public Health Message Page 1 of 7 McKean, Thomas From: McKean, Thomas Sent: Wednesday, May 15, 2013 9:46 AM To: 'Maura Hempstead' Cc: Scott Hempstead; Kate Mitchell Subject: RE: Issue with Septic approval Process at 21.Deacon Court, Barnstable, MA Good Morning, Yes, I do recall that telephone conversation and yes I do recall suggesting the septic system inspector should be checking the liquid level in the leaching pit. The Health Division does not become involved in who should or should not be financially responsible. When a septic system is discovered to be"Tailed " by'a MA DEP certified septic system inspector, an order to repair a failed system is sent to the property owner. Sincerely, Thomas McKean i -----Original Message----- From: Maura Hempstead [mailto:mohemp@comcast.net] Sent: Wednesday, May 15, 2013 7:19 AM To: McKean, Thomas Cc: Scott Hempstead; Kate Mitchell Subject: Re: Issue with Septic approval Process at 21 Deacon Court, Barnstable, MA Good Morning Mr. McKean, We were concerned it would not be in our best interest to simply change the 3 to a 4 on the original report to clarify.the the 35+year old system would now be sufficient for a four bedroom house. And when I called you to discuss further you acknowledged the liquid levels where not addressed in the original report and you would be interested to know what the liquid levels were and would like to have the liquid levels addressed in the new inspection and new report. Please acknowledge that we had that conversation. I literally hung up the phone with you to go outside and ask inspector Patrick O'Connell to include the liquid levels in the new report and he was walking in to tell us the system failed due to the pit in hydraulic failure-the liquid levels too high and also explained how the base of the cover of the pit was covered with a growth that indicates the liquid levels had reached the cover in the past. The escrow agreement states: Savage has agreed to allow the Hempsteads to step in and upgrade the system if the process is not proceeding to the Hempsteads satisfaction by April 1, 2013. In the event that the Hempsteads are not satisfied with the progress of the septic upgrade then the parties agree that Attorney Mitchell shall use the escrow funds to do all things necessary to upgrade the system Attorney Mitchell will determine, in her sole discretion whether the upgrade of the system 5/15/2013 Message Page 2 of 7 is satisfactory It was not to our satisfaction to simply change the 3 to a 4 -we therefore asked for a new inspection - and Savage agreed to a new inspection. If that inspection passed we were willing to return the escrowed funds. That inspection failed the system. Thank you, Maura Hempstead On May 14, 2013, at 5:25 PM, Hempstead, Scott wrote: FYI Sent from my iPad Begin forwarded message: From: "McKean, Thomas" <Thomas.McKeangtown.barnstable.ma.us<mailto:Thomas.McKeangtown.bamstab le.ma.us>> e e Date: May 14, 2013, 1:36:45 PM EDT To: "Hempstead, Scott" <Scott.Hempsteadgbostonbeer.com<mailto:Scott.Hempsteadgbostonbeer.com>> Subject: RE: Issue with Septic approval Process at 21 Deacon Court, Barnstable, MA Good Afternoon, 1) It is the owner's responsibility to ensure that the septic system is inspected by a DEP certified,septic system inspector. It is the septic system inspector's responsibility to ensure that his report is accurate. If there are only three bedrooms in the home, the septic system inspector would/should note the same, three bedrooms, on his report. If the current owner wishes for an inspection to reflect more bedrooms however, he/she can request the inspector to complete another report. This is allowable in cases where properties are located outside of any nitrogen sensitive areas, zones of contribution to public water supply wells, private wells, and saltwater estuary zones. NOTE: All of the septic system inspectors are trained and certified by the Massachusetts Department of Environmental Protection (DEP). 2) On March 31, 1995,the State Environmental Code, Title 5, was revised. Only a low profile-type systems are allowable, with a maximum effective depth of two feet. A leaching pit would not suffice in this regard because only two feet effective depth would be counted towards the overall square footage. Therefore the Health Division cannot approve simple replacement of a leaching pit with another leaching pit. A low profile system must be installed. Sincerely, 5/15/2013 Message Page 3 of 7 Thomas McKean -----Original Message----- From: Hempstead, Scott[mailto:Scott.Hempstead@bostonbeer.com] Sent: Tuesday, May 14, 2013 12:10 PM To: McKean, Thomas - Cc: Kate Mitchell Subject: Re: Issue with Septic approval Process at 21 Deacon Court, Barnstable, MA thanks Tom, that makes sense and indeed the additional inspection was something that the seller and his attorney agreed to, in writing, in order to release the funds. as it failed, i doubt they will fight that one. So that seems pretty cut and dry. Copying kate Mitchell the attorney for Cape Cod Bank and i as well here. Quick follow up/clarification in advance of our meeting: 1) Who is responsible to ensure that the inspection used to clear the closing is accurate? i.e. that the inspection was for a 3 bedroom house, but is indeed 4? Is that the towns responsibility or the lawyers, or the real estate-people? 2) Please confirm that the town and you are ok that we simply put in another pit? That would be a lot less $$ i think for John Savage out of the escrow. Let me know and i will forward that onto jeff landosi, who is the person John Savage woudl like to use: Thanks! Scott H Sent from my iPad On May 14, 2013, at 11:25 AM, "McKean, Thomas" <Thomas.McKeangtown.barnstable.ma.us<mailto:Thomas.McKeangtown.barn_stab r le.ma.us><mailto:Thomas.McKeangtown.barnstabl e.ma.us<http://e.ma.us>>> wrote: Good Morning, I'm available from 3:00 p.m. until 3:30 pm. on that day, Thursday. For your information, I did not suggest photocopies to the Town Manager etc. I only suggested that she provide me the specific question(s) that she has. Thank you for providing the specific questions here. In regards to your questions below, I provide the following answers: - Four bedrooms is permissible with a leaching pit of that size, yes. The original engineering plan for the system provides detailed design 5/15/2013 Message Page 4 of 7 calculations with a capacity that actually exceeds four bedrooms. - If a MA DEP certified septic system inspector determines that a system fails to protect the environment and public health, based upon the failure criteria contained'in'Title 5, it "fails" the inspection. It is not an acceptable system. I hope this provides you with the information you need. On the phone message that I left for you this morning, I indicated that the Health. Division is obligated to order the owner of the property of a failed system to repair the failed system. If you are now the owner of the property,the order will be mailed to you, not to the previous owner. Sincerely, Thomas McKean ----- Original Message From: Hempstead, Scott <Scott.Hempsteadgbostonbeer.com<mailto:Scott.Hempstead2bostonbeer.com><ma ilto:Scott.Hempstead2bostonbeer.com>> To: McKean, Thomas Sent: Tue May 14 10:37:08 2013 Subject: Fwd: Issue with Septic approval Process at 21 Deacon Court, Barnstable, MA Hi Tom Please confirm you received. i used the address listed on the website, and per your recommendation to my wife, i copied applicable parties. you, the town manager, and our attorney so everyone has all the same info. hopefully this is what you were looking for. I got your message, and i think below lays out what my questions are. I am available.ANYTIME Thursday. i have put in a vacation day with my company to try and figure this out and hope you can accomodate. Your VM back to me seemed to imply today and tomorrow are no good, but maybe Thursday?? FYI, i tried the phone number you called me on and there is no VM option and it just rang and rang. Thanks my friend!!! Scott H Sent from my Wad Begin forwarded message: From: "Hempstead, Scott" <Scott.Hempsteadnbostonbeer.com<mailto:Scott.Hempsteadnbostonbeer.com><ma iIto:Scott.Hempsteadgbostonbeencom><m ailto:Scott.Hempstead@bostonbeer.com<http://bostonbeer.com>>> To: "health a,town.barnstable.ma.us<mailto:health a,town.barnstable.ma.us><mailto:healt h2town.barnstable.ma.us><mailt o:health@town.barnstable.ma.us<http://town.barnstable.ma.us>>" 5/15/2013 Message Page 5 of 7 <healthgtown.barnstable.ma.us<mailto:healthntown.barnstable.ma.us><mailto:heal th2town.barnstable.ma.us><mailt o o:health@town.barnstable.ma.us<http://town.barnstable.ma.us>>> Cc: "Kate Mitchell (katemitchell2comcast.net<mailto:katemitchell2comcast.net><mailto:katemitchell 2comcast.net><mailto:katemi tchell2comcast.net<mailto:tchell2comcast.net>>)" <katemitchellncomcast.net<mailto:katemitchellna comcast.net><mailto:katemitchell 2comcast.net><mailto:katemi. m r tchell2comcast.net<mailto:tchell2comcast.net>>>, , "mohemp2comcast.net<mailto:moheml2g,,comcast:net><mailto:mohemp@comcast. net><mailto:mohemy2comcast.net <mohemp2comcast.net<mailto:mohemp2comcast.net><mailto:mohemp2comcast. net><mailto:mohem1)2comcast.net "Tom.L nch2town.barnstable.ma.us<mailto:Tom.Lynch2town.barnstable.ma.us>< mailto:Tom.Lynch(cr�,town.bamstable.ma.us> <mailto:Tom.Lynch(a,town.barnstable.ma.us>" <Toni.Lynch2town.barnstable.ma.us<mailto:Tom.Lynchntowii.barnstable.ma.us>< mailto:Tom.Lynchktown.barnstabl e.ma.us> <mailto:Tom.Lynch&town.barnstable.ma.us>> Subject' Issue with Septic approval Process at 21 Deacon Court, Barnstable, MA Hi Tom I hope this message finds you well! I am writing regarding the septic system at 21 Deacon Court, Barnstable Village, and some concerns we have about the town and the process as it relates to it. I am requesting a meeting this THURSDAY,May 16th, to discuss the septic system at my house which you have Approved as a 4 Bedroom system, however it has failed a recent inspection. I can do ANYTIME during the day, your choice. Please let me know. I owe it to the seller of the house, John Savage, to help figure this whole thing out. I am fairly certain he wants the tight thing done as well!! In an effort to make our meeting as efficient as possible, I have laid out what we would like answered below with a "TOM: PLEASE ADVISE" I understand you met with John Savage today, and certainly hope that he was able to bring more information to the forefront as well. At the end of the day, we all just want to do the right thing!! And I think John Savage does too. Background on the situation: , October 24th: The system is inspected and approved as a THREE BEDROOM septic. December 1 Oth: The evening before we closed, we noticed that it was approved for a THREE BEDROOM, and we were concerned since the house 5/15/2013 Message Page 6 of 7 is a FOUR BEDROOM house and that's what was in the P and S agreement. December 1 Ith: We agreed to close - hesitantly - but requested that the system be upgraded to a 4 bedroom system and the funds to do that be escrowed. This was to be complete to our satisfaction by April 1 st. (attached is original copy of the system you approved.for a four bedroom) February 22nd: The sellers attorney produced a letter and sent.it to Kate Mitchell our attorney stating that you, Thomas McKean, was ok with the existing system capacity. (Letter attached) @March l oth or so: John Savages attorney asked for us to give back the $$ based on your letter. We responded that would be ok, but only upon the completion of a NEW septic inspection,approving the system....as obviously the first one was faulty. March loth: Savage agrees with us, and seems to appreciate our flexibility and openness.....and that they will fix the e system in the event that it doesn't pass the 4 bedroom test April 2nd: We receive report from Patrick OConnell that the system has failed, and he notifies us that pits like the one we have are not acceptable in the town of Barnstable for a Four Bedroom anyway even if it was not in hydrolic failure. (TOM: PLEASE ADVISE - is this true? Please see that attached original plan, would this be acceptable today?) April 15th: John.Savages Attorney tells us it doesn't matter that it failed, that its still an acceptable 4 bedroom capacity according to you, and our lawyer needs to return the $$, and since it failed we are on our own to upgrade the system - They are proposing this SOLELY based on your letter dated February 22. (TOM: PLEASE ADVISE - if a system fails the test, is it still an acceptable system? May 13th: here we are. Tried to get you today. Lets sit down Thursday please. Please call me at your earliest convenience. Scott E. Hempstead, CERTIFIED CICERONE(r)lDirector - On Premise National AccountslThe Boston Beer Companyp. 617-368-56581m. 617-755-2337 This entire message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this email. Please notify the sender immediately by email if you have received this message by mistake and delete this email from your system. Thank you. ********************************************************************* 5/15/201.3 F McKean, Thomas From: McKean, Thomas Sent: Tuesday, May 14, 2013 1:37 PM To: 'Hempstead, Scott' Subject: RE: Issue with Septic approval Process at 21 Deacon Court, Barnstable, MA Good Afternoon, 1) It is the owner's responsibility to ensure that the septic system is inspected by a DEP certified septic system inspector. It is the septic system inspector's responsibility to ensure that his report is accurate. If there are only three bedrooms in the home, the septic system inspector would/should note the same, three bedrooms, on his report. If the current owner wishes for an: inspection to. reflect more bedrooms however, he/she can request the inspector to complete another report. This is allowable in cases where properties are located outside of any nitrogen sensitive areas, zones of contribution to public water supply wells, private wells, and saltwater estuary zones. NOTE: All of the septic system inspectors are trained and certified by the Massachusetts Department of Environmental Protection (DEP) . 2) On March 31, 1995, the State Environmental Code, Title 5, was revised. Only a low profile-type systems are allowable, with a maximum effective depth of two feet. A leaching pit would not suffice in this regard because only two feet effective depth would be counted towards the overall square footage. Therefore the Health Division cannot approve simple replacement of a leaching pit with another leaching pit. A low profile system must be installed. Sincerely, Thomas McKean. -----Original Message----- From: Hempstead, Scott [mailto:Scott.Hempstead@bostonbeer.com] Sent: Tuesday, May 14, 2013 12:10 PM To: McKean, Thomas Cc: Kate Mitchell Subject: Re: Issue with Septic approval Process at 21 Deacon Court, Barnstable, MA thanks Tom, that makes sense and indeed the additional inspection was something that the seller and his attorney agreed to, in writing, in order to release the, funds. as it failed, i doubt they will fight that one. So that seems pretty cut and dry. Copying kate Mitchell the attorney for Cape Cod Bank and i as well here. ' Quick follow up/clarification in advance of our meeting: 1) who is responsible to ensure that the inspection used to clear the closing is accurate? i.e. that the inspection was for a 3 bedroom house, but is indeed 4? Is that the towns responsibility or the lawyers, or the real estate people? 2) Please confirm that the town and you are ok that we simply put in another pit? That would be a lot less $$ i think for John Savage out of the escrow. Let me know and i will forward that onto jeff Iandosi, who is the person John Savage woudl like to use. Thanks! Scott H Sent from my iPad On May 14, 2013, at 11:25 AM, "McKean, Thomas" <Thomas.McKean@town.barnstable.ma.us <mailto:Thomas.McKean@town.barnstable.ma.us>> wrote: T 1 P Good Morning, I'm available from 3 :00 p.m. until 3 :30 pm. on that day, Thursday. For your information, I did not suggest photocopies to the Town Manager etc. I only suggested that she provide me the specific question(s) that she has. Thank you for providing the specific questions here. In regards to your questions below, I provide the following answers: - Four bedrooms is permissible with a leaching pit of that size, yes. The original engineering plan for the system provides detailed design calculations with a capacity that actually exceeds four bedrooms. - If a MA DEP certified septic system inspector determines that a system fails to protect the environment and public health, based upon the failure criteria contained in Title 5, it "fails" the inspection. It is not an acceptable system. I. I hope this provides you with the information you need. On the phone message that I left for you this morning, I indicated that the Health Division is_ obligated to order the owner of the property of a failed system to repair the failed system. If you are now the owner of the property, the order will be mailed to you, not to the previous owner. Sincerely, Thomas McKean ----- Original Message ----- From: Hempstead, Scott <Scott.Hempstead@bostonbeer.com <mailto:Scott.Hempstead@bostonbeer.com>> To: McKean, Thomas Sent: Tue May 14 10:37:08 2013 Subject: Fwd: Issue with Septic, approval Process at 21 Deacon Court, Barnstable, MA Hi Tom Please confirm you received. i used the address listed on the website, and per your recommendation to my wife, i copied applicable parties. `you, the town manager, and our attorney so everyone has all the same info. hopefully this is what you were looking for. I got your message, and i think below lays out what my questions area I am available ANYTIME Thursday. i have put in a vacation day with my company to try and figure this out and hope you can accomodate. Your VM back to me seemed to imply today and tomorrow are no good, but maybe Thursday?? FYI, i tried the phone number you called me on and there is no VM option and it just rang and rang. Thanks, my friend! ! ! Scott H Sent from my iPad Begin forwarded message: From: "Hempstead, Scott" <Scott,Hempstead@bostonbeer:com <mailto:Scott.Hempstead@bostonbeer.com><mailto:Scott.Hempstead@bostonbeer.com» To: "health@town.barnstable.ma.us<mailto:health@town.barnstable.ma.us> <mailto:health@town.barnstable.ma.us>" <health@town.barnstable.ma.us <mailto:health@town.barnstable.ma.us><mailto:health@town.barnstable.ma.us>> Cc: "Kate Mitchell (katemitchell@comcast.net<mailto:katemitchell@comcast.net> <mailto:katemitchell@comcast.net>) " <katemitchell@comcast.net <mailto:katemitchell@comcast.net><mailto:katemitchell@comcast.net>>, "mohemp@comcast.net <mailto:mohemp@comcast.net><mailto:mohemp@comcast.net>" <mohemp@comcast.net <mailto:mohemp@comcast.net><mailto:mohemp@comcast.net>>, "Tom.Lynch@town.barnstable.ma.us <mailto:Tom.Lynch@town.barnstable.ma.us><mailto:Tom.Lynch@town.barnstable.ma.us>" <Tom.Lynch@town.barnstable.ma.us<mailto:Tom.Lynch@town.barnstable.ma.us> <mailto:Tom.Lynch@town.barnstable.ma.us>> Subject: Issue with Septic approval Process at'21 Deacon Court, Barnstable, MA Hi Tom I hope this message finds you well! 2 I am writing regarding the septic system at 21 Deacon Court, Barnstable Village, and some concerns we have about the town and- the process as it relates to it. I am requesting a meeting this THURSDAY, May 16th, to discuss the septic system at my house which you have Approved as a 4 Bedroom system, however it has failed a recent inspection. I can do ANYTIME during the day, your choice. Please let me know. I owe it to the seller of the house, John Savage, to help figure this whole thing out. I am fairly certain he wants the right thing done as well! ! In an effort to make our meeting as efficient as possible, I have laid out what we would like answered below with a "TOM: PLEASE ADVISE" I understand you met with John Savage today, and certainly hope that he was able to bring more information to the forefront as well. At the end of the day, we all just „want to do the right thing! ! . And I think John.Savage does too. Background on the situation: October 24th: The system is inspected and approved as a THREE BEDROOM septic. December loth: The evening before we closed, we noticed that it was approved for a THREE BEDROOM, and we were concerned since the house is a FOUR BEDROOM house and that' s what was in the P and S agreement. December llth: We agreed to close - hesitantly - but requested that the system be upgraded to a 4 bedroom system and the funds to do that be escrowed. This was to be complete to our satisfaction by April 1st. (attached is original copy of the system you approved for a four bedroom) February 22nd: The sellers attorney produced a:letter and sent it to Kate Mitchell our attorney stating that you, Thomas McKean, was ok with the existing system capacity. (Letter attached) @March loth or so: John Savages attorney asked for us to give back the $$-based on your letter. We responded that would be ok, but only upon the completion of a NEW septic inspection approving the system....as obviously the first one was faulty. March loth: Savage agrees with us, and seems to appreciate our flexibility and openness.... .and that they will fix the system in the event that it doesn't pass the 4 bedroom test April 2nd: We receive report from Patrick OConnell that the system has failed, and he notifies us that pits like the one we have are not acceptable in the town of 'Barnstable for a Four Bedroom anyway even if it was not in hydrolic failure. (TOM: PLEASE ADVISE - is this true?, Please see that attached original plan, would this be acceptable today?) April 15th: John Savages Attorney tells us it doesn't matter that it failed, that its still an acceptable 4 bedroom capacity according to you, and our lawyer needs to return the $$, and since it failed we are on our own to upgrade the system - They are proposing this SOLELY based on your letter dated February 22. (TOM: PLEASE ADVISE - if a system fails the test, is it still an acceptable system? ) May 13th: here we are. Tried to get you today. Lets sit down Thursday please. Please call me at your earliest convenience. Scott E. Hempstead, CERTIFIED CICERONE°IDirector - On Premise National AccountslThe Boston Beer Companylp. 617-368-5658Im. 617-755-2337 This entire message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this email. Please notify the sender immediately by email if you have received this message by mistake and delete this email from your system. Thank you. 3 McKean, Thomas From: McKean, Thomas Sent: Wednesday, May 15, 2013 9:39 AM To: 'Hempstead, Scott' Subject: RE: Issue with Septic approval Process at 21 Deacon Court, Barnstable, MA Good Morning, The official record, in regards to number of bedrooms, is the number of bedroom listed on the disposal works construction permit on file at• the Health Division Office, not the number shown on Assessors records. The Assessors Department informed us that they use a different definition of "bedroom" than the State DEP and local. Board of Health's definition. The disposal works construction permit for your property, number 86-543 which is on file at the Health Division Office, is for three (3) bedrooms. However in this case, I have no objections to the proposal for four bedrooms at this site as I stated in previous correspondence. Sincerely, Thomas McKean l -----Original Message----- From: Hempstead, Scott [mailto:Scott.HempsteadCbostonbeer.com] Sent: Tuesday, May 14, 2013 1:53 PM To: , McKean, Thomas Subject: Re: Issue with Septic approval Process at 21 Deacon Court, Barnstable, MA Thanks Tom The house is listed by the town on the town records as a 4 bedroom. The town and the inspector cleared the closing as a 3 bedroom, not a 4 We closed based on this information and that the seller would upgrade the system to todays standards. Who is responsible for making sure that the approvals pan out with the what the actual inspection said? Sent from my iPad On May 14, 2613, at 1:37 PM, "McKean, Thomas" <Thomas.McKean@town.barnstable.ma.us> wrote: > Good Afternoon, > 1) It is the owner's responsibility to ensure that the septic system > is inspected by a DEP certified septic system inspector: It is the > septic system inspector's responsibility to. ensure that his report is, > accurate. If there are only three bedrooms in the home, the septic > system inspector would/should note the same, three bedrooms, on his > report. If the current owner wishes for an inspection to reflect more > bedrooms however, he/she can request the inspector to complete another > report. This is allowable in cases where properties are located > outside of any nitrogen sensitive areas, zones of contribution to > public water supply wells, private wells, and saltwater estuary zones. > > NOTE: All of the septic system inspectors are trained and certified > by the Massachusetts Department of Environmental Protection (DEP) . > 2) On March 31, 1995, the State Environmental Code, Title 5, was > revised. Only a `low profile-type systems are allowable, with a > maximum effective depth of two feet. A leaching pit would not suffice > in this regard because only two feet effective depth would be counted 1 > towards the overall square footage. Therefore the Health Division > cannot approve simple replacement of a leaching pit with another > leaching pit. A low profile system must be installed. > Sincerely, > Thomas McKean > -- -Original Message----- • From: Hempstead, Scott [mailto:Scott.Hempstead@bostonbeer.com] > Sent: Tuesday, May 14, 2013 12:10 PM > To: McKean, Thomas > Cc: Kate Mitchell > Subject: Re: Issue with Septic approval Process at 21 Deacon Court, > Barnstable, MA > > thanks Tom, that makes sense and indeed the additional inspection was > something that the seller and his attorney agreed to, in writing, in > order to release the funds. as it failed, .i doubt they will fight that > one. So that seems pretty cut and dry. Copying kate Mitchell the > attorney for Cape Cod Bank and i as well- here. . > Quick follow up/clarification in advance of our meeting: > 1) Who is responsible to ensure that the inspection used to clear the > closing is accurate? i.e. that the inspection was for a 3 bedroom > house, but is indeed 4? Is that the towns responsibility or the > lawyers, or the real estate .people? . > 2) Please confirm that the town and you are ok that we simply put in > another pit? That would be a lot less $$ i think for John Savage out > of the escrow. Let me know and i will forward that onto jeff Iandosi, > who is the person John Savage woudl like to use. > Thanks! > Scott H > Sent from my iPad > On May 14, 2013, at 11:25 AM, "McKean, Thomas" > <Thomas.McKean@town.barnstable.ma.us<mailto:Thomas.McKean@town.barnsta > bl > e.ma.us>> wrote: > Good Morning, > I'm available from 3 :00 p.m. until 3 :30 pm. on that day, Thursday. > For your information, I did not suggest photocopies to the Town > Manager etc. I only suggested that she provide me the specific > question(s) that she has. Thank you for providing the specific > questions here, > In regards to your questions below, I provide the following answers: > - Four bedrooms is permissible with a leaching pit of that size, yes. > The original engineering plan for the system provides detailed design > calculations with a capacity ;that actually .exceeds four bedrooms. > - If a MA DEP certified septic system inspector determines that a > system fails to protect the environment and public health, based upon the > failure criteria contained in Title 5, it "fails" the inspection. It > is not an acceptable system. > > I hope this provides you with the information you need. On the phone. 2 > message that I left for you this morning, I indicated that the Health > Division is obligated to order the owner of the property of a failed > system to repair the failed system. If you are now the owner of the > property, the order will be mailed to you, not to the previous owner. > Sincerely, > > Thomas McKean > > ----- original Message ----- > From: Hempstead, Scott > <Scott.Hempstead@bostonbeer.com<mailto:Scott.Hempstead@bostonbeer.com> > To: McKean, Thomas > Sent: Tue May 14 10:37:08 2013 > Subject: Fwd: Issue with Septic approval Process at 21 Deacon Court, > Barnstable, MA > Hi Tom > Please confirm you received. i used the address listed on the > website, and per your recommendation to my wife, .i copied applicable • parties. you, the town manager, and our attorney so everyone has all > the same info. hopefully this is what you were looking for. I got > your message, and i think below lays out what my questions are. I am > available ANYTIME Thursday. i have put in a vacation day with my > company to try and figure this out and hope you can accomodate. Your > VM back to me seemed to imply today and tomorrow are no good, but > maybe Thursday?? FYI, i tried the phone number you called me on and > there is no VM option and it just rang and rang. Thanks my friend! ! ! > Scott H > Sent from my iPad > Begin forwarded message: > > From: "Hempstead, Scott" > <Scott.Hempstead@bostonbeer.com<mailto:Scott.Hempstead@bostonbeer.com> > <m > ailto:Scott.Hempstead@bostonbeer.com» > To: > "health@town.barnstable.ma.us<mailto:health@town.barnstable.ma.us><mailt > o:health@town.barnstable.ma.us>iI > <health@town.barnstable.ma.us<mailto:health@town.barnstable.ma.us><mailt > o:health@town.barnstable.ma.us>> > Cc: "Kate Mitchell. > (katemitchell@comcast.net<mailto:katemitchell@comcast.net><mailto:katemi > tchell@comcast.net>) " > <katemitchell@comcast.net<mailto:katemitchell@comcast.net><mailto:katemi. > tchell@comcast.net>>, > "mohemp@comcast.net<mailto:mohemp@comcast.net,><mailto:mohemp@comcast.net >> " > <mohemp@comcast.net<mailto:mohemp@comcast.net><mailto:mohemp@comcast.n > et > "Tom.Lynch@town.barnstable.ma.us<mailto:Tom.Lynch@town.barnstable.ma.ii > s> _ f > <mailto:Tom.Lynch@town.barnstable.ma.us> > <Tom.Lynch@town.barnstable.ma.us<mailto:Tom.Lynch@town.barnstable.ma.0 > s> > <mailto:'Tom.Lynch@town.barnstable.ma.us>> • Subject: Issue with Septic approval Process at 21 Deacon Court, > Barnstable, MA > Hi Tom > I hope this message finds you well! 3 > I am writing regarding the septic system at 21 Deacon Court, > Barnstable Village, and some concerns we have about the town and the > process as it relates to it. > I am requesting a meeting this THURSDAY, May 16th, to discuss the > septic system at my house which you have Approved as a 4 Bedroom > system, however it has failed a recent inspection. I can do ANYTIME > during the day, your choice. Please let me know. > I owe it to the seller of the house, John Savage, to help figure this > whole thing out. I am fairly certain he wants the right thing done as > well! ! In an effort to make our meeting as efficient as possible, I > have laid out what we would like answered below with a "TOM: PLEASE > ADVISE" I understand you met with John Savage today, and certainly > hope that he > was able to bring more information to the forefront as well. At the > end of the day, we all just want to do the right thing! ! And I think > John Savage does too. , > Background on the situation: > October 24th: The system is inspected and approved� as a THREE BEDROOM > septic. December loth: The evening before we closed, we noticed that > it was approved for a THREE BEDROOM, and we were concerned since the > house is a FOUR BEDROOM house and that's what was in the P and S agreement. > December llth: We agreed to close - hesitantly - but requested that > the system be upgraded to a 4 bedroom system and the funds to do that > be escrowed. This was to be complete to our satisfaction by April > 1st. (attached is original copy of the system you approved for a four > bedroom) > February 22nd: The sellers attorney produced a letter and sent it to > Kate Mitchell our attorney stating that you, Thomas McKean, was ok > with the existing system capacity. (Letter attached) > @March loth or so: John Savages attorney asked for us to give back > the $$ based on your letter. We responded that would be ok, but only > upon the completion of a NEW septic inspection approving the > system. . . .as obviously the first one was faulty. > March loth: Savage agrees with us, and seems to appreciate our > flexibility and openness. . . . .and that they will fix the system in the > event that it doesn't pass the 4 bedroom test > April 2nd: We receive report from Patrick OConnell that .the system has > failed, and he notifies us that pits like the one 'we have are not > acceptable in the town of Barnstable for a` Four Bedroom anyway even if > it was not in hydrolic failure. (TOM: PLEASE ADVISE - is this > true? Please see that attached original plan, would this be > acceptable > today?) > April 15th: John Savages Attorney tells us it doesn't matter that it > failed, that its still an acceptable 4 bedroom capacity according to > you, and our lawyer needs to .return the $$, and since it failed• we are > on our own to upgrade the system - They are proposing this SOLELY > based on your letter dated February 22•. > (TOM: PLEASE ADVISE - if a system fails the test, is it still an > acceptable system? ) > > May 13th: here we are. Tried to get you today. Lets sit down > Thursday please. Please call me at your earliest convenience. > Scott E. Hempstead, CERTIFIED CICERONE(r) lDirector- - On Premise > National AccountslThe Boston Beer Companylp. 617-368-56581m. > 617-755-2337 l , 4 < P =DATE MITCHELL Attorney at Law 761 Main Street y K ...t T� P.O.Box 160 r West Barnstable,MA 02668 (508)'362-1369(Telephone): (508) 362-1368 (Facsimile)'` -ryww katemitchellattorney.com katdffiitchell@com6ast.net Paralegal: u Kirriberly A.Dupuis s s VIA FIRST CLASS MAIL May 2, 2013 Adam T. Dupuy, Esq. Ardito, Sweeney, Stusse, a ri Robertson & Dupuy, P.C. 25 Mid-Tech Drive, Suite C u West Yarmouth, MA 02673 " Re: Hempstead/Savage Escrow Agreement° Dear Attorney Dupuy: ++ f I received your correspondence dated April 23,'2013 on the above-referenced,matter. _Your client's position is contrary to what you and I have discussed. jo summarize that`` discussion: First, my clients chose to obtain a second opinion from Inspector Patrick M. O'Connell based on the misinformation on the.original inspection report arid*my clients` follow.UP, research on the minimal post-closing information provided by Mr. Savage.Inspector O'Connell found-that the pit was in hydraulic failure completely contrary to'.whatahe original inspector's report indicated. Also, the premises by state and local definition is a four bedroom house, not a three-bedroom House. It seemed quite,clear thaf the original inspector did not inspect the inside of the house to count the bedrooms'nor did he in the pit which was and still is clearly in,hydraulic.failure: Second, when my client spokepto Thom.McKean, he"advised Mrs. Hempstead that he did not have the correct information, i.'e. that the pit was in hydraulic failure, when the letter dated January.16, 2013 was.written and he would not have;signed ifif he'had had all of the... facts. r Third, my clients have been waiting for Mr:,O'Connell's written inspection report, which they:'; finally received April 30th. i Fourth, my clients were proceeding in obtaining an estimate from Bortollotti Construction for the system to be upgraded and. meet the requirements of a four bedroom'system. f Letter to Adam T. Dupuy, Esq. RE: Hempstead/Savage Escrow Agreement Date: May 2, 2013 Page 2 of 2 Enclosed please find Mr. O'Connell's Inspection.Report. I note that he neglected to - indicate on page 1 that the system failed. However, please..see Section B (D.) on pages 4 ;. & 5 where he determined that the system failed. Your client is mistaken in his position. `Pursuant to the terms of the escrow agreement dated December 11 2012, I, as`escrow agent; fiave'`authority from both parties to proceed with the required upgrade and intend to.do so: P3 Also, enclosed please find an estimate from Bortolotti Construction-showing a cost of $12,575,00. Sincerely; Kate Mitchell ko enclosures cc- Scott and Maura Hempstead (w/o enclosures) Commonwealth of Massachusetts. Title 5 Official Inspection form Subsurface Sewage Disposal System,Form - Not for Voluntary Assessments 21 Deacon Court - Property Address — — — P Y Scott& Maura Hempstead + Owner Owner's Name information is required for Barnstable MA 02630 April 1, 2013 — - - every page. Cityrrown State -Zip Code Date of-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: A. General Information When filling out ` forms on the computer,use 1. Inspector I only the tab key to move your Patrick M. O'Connell' cursor-do not Name of Inspector use the - ..k , key. Septic Inspection Services Co. Company Name , ;. 189 Cammett Road Company Address Marstons Mills MA - , . 02648 enm Cityrrown w— State .,'"Zip.Code 508.428.1779 — .1779 4-eSl 12855 ' Telephone Number Y 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 inspection was performed based on my training and experience in the proper function and .naintenance of on site sewage disposal systems. I am a DEP approved system inspector pursuant!.o Section 15.340 of Title 5 (310 CMR 15.000). The system: ❑ Passes ❑ aConditionally Passes ® falls` ❑ Needs Further Evaluatio Xby the Local Approving Authority E April 2, 2013 Job 4 13-22 Ztorsnature Date rJ 51 r--- The system in shall submit a copy;of this inspection report to the Approving Autho.rity�Boa6d, of Health or DEP)within 30 days of completing this inspection. If the syste._I is a shared system or has a design flow of 10,000 gpd or greater, the inspector and the systern,o,,.tier 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 inpthe future under the same or different conditions of use. L6 t5ins•3/13 Title 5 Official InVnFbsurface Sewage Disposal System•Page 1 of 17 Commonwealth of Massachusetts ! . Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments ,M 21 Deacon Court ' " Property Address ` Scott& Maura Hempstead Owner Owner's Name information is required for Barnstable t MA 02630 April 1, 2013 --- •'� i Inspection , i /Town State Z Code Date of Ct •, � P every page. City frown Certification (cont.) { Inspection Summary: Check A,B,C,D or E/always complete all of Section C A) System Passes: k.. ❑ I have not found any information which indicates'that any of the failure criteria described in 310 CM 15.303 or in 310 CM 15.304 exist. Any failure criteria not.evaluated are^ indicated below. a 1; Comments:_ B) System Conditionally:Passes: t!A �t ❑ One or more system components as described in the"Conditional Pas,,-"-section need to be replaced or repaired. The system,=upon completion of the replacement )r 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. ; 4 ! 4• 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 exfiltration 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 ❑ NDA(Explain below): y ` k 15ins-3113 Title 5 Official inspection Form:Subsurface Sewage Disposal System-Page 2 of 17' r Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments . ° M 21 Deacon Court _ Property Address Scott& Maura Hempstead Owner Owner's Name information is required for Barnstable _MA 02630 _ April 1, 2013 _ _ every page. Cityrrown State Zip Code bate of Inspection. B. Certification (cont.) ❑ Pump Chamber pumps/alarms not operational. System will pass with Board of Health approval if pumps/alarms are repaired. B) System Conditionally Passes (cont.): ❑ Observation of sewage backup or breakout or high static water level in the distribution'box due to broken or obstructed pipe(s) or due to a broken, settled or,uneven di:-`ribution 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 z❑ Y ❑ W .❑ 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 isyRequired 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 manner_.which will protect public health, safety and the environment: . ❑ Cesspool'or privy is within 50 feet of a surface water O Cesspool or,privy is within 50 feet of a bordering vegetated wetland or a salt marsh t5ins•3/13 - Title 5 Official Inspection Form Subsurf.. ''a Sewage Disposal System•Page 3 of 17" Commonwealth of Massachusetts "- Title 5 Official, Inspection For Subsurface Sewage Disposal System Form - Not for Vol untary.Assessments 21 Deacon Court Property Address Scott&Maura Hempstead Owner Owner's Name information is Barnstable MA. 02630 A ril.1, 2013 required for P every page. Cityrrown 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 manner that 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 wat,- 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: 71 D) System Failure Criteria Applicable to All Systems: You must indicate "Yes" of"No"to each of the following for all inspections: Yes No Backup of sewage into facility orsystem component due to overloaded or z El 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 11 ® Liquid depth in cesspool is less than 6" below invert or available volume is less than_day flow 15ins i 3113 '�. Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 4 of 17 P Commonwealth of Massachusetts x Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments u 21 Deacon Court Property Address — — Scott& Maura Hempstead '. Owner Owner's Name - information is required for Barnstable - MA 02630 April 1, 2013 every page. City/Town State ._ Zip Code Date of Inspection B. Certification (cont.) Yes No ❑ ® ' Required pumping more than 4 times in the last year'NOTdue io,clogged or obstructed pipe(s):Number of times pumped: ❑ ® Any portion,of the SAS, cesspool or privy is below hid.; ground water elevation. Ej 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 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 triggere-t.;A copy of the analysis and chain of custody must be attached to this fore. :} ❑ ® The system is a cesspool serving a facility with a design flow of 2000g•pd- 10,000gpd. ® ❑ The system fails. I have determined that one or more of the above failure ` criteria exist as described in 3.10 CMR 15.303, therefore the system.fails. The system owner should contact the Board of Health todetermine 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 15,000 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—]WPA) or a mapped Zone ll 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 Department. (Sins•3/13 w Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 5 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System_ Form - Not for Voluntary Assessments' a ' 21 Deacon Court Property Address Scott& Maura Hempstead Owner Owner's Name information is Barnstable MA, 02630 April 1, 2013 required for every page. CitylTown 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 - El 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 rely ad to Part C is at issue approximation of distance is unacceptable) [310 CMR `t 5.302(5)]' D. SystemInformation Residential'Flow Conditions: Number of bedrooms (design): 3 Number of bedrooms,(actual): 4 DESIGN flow based on 310 CMR 15.203a(for example:.110 gpd x#of bedrooms): 330 t5ins•3/13 . - Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 6 of,17 i ` ` f Commonwealth of Massachusetts _ Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments 21 Deacon Court Property Address Scott&Maura Hempstead Owner Owner's Name information is required for Barnstable MA 02630 April 1,42013 - every page. City/Town State Zip Code Date of Inspection D. System Information s Description: Number of current residents: Does residence have a garbage grinder? ❑ Yes ® No Is laundry on a separate sewage system? (Include laundry system inspection ❑ Yes ® No information in this report.) 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: Currently Occupied. — Commercial/Industrial Flow Conditions: f 'a 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?' 4 ❑ Yes-❑ No . Water meter,readings, if available: — 15ins•3113 Title 5 Official Inspection Form`Subsurface Sewage Disposal System•Page 7 of 17 Commonwealth of Massachusetts- Title 5 Official Inspection Form Subsurface Sewage Disposal System Form = Not for Voluntary Assessments 21 Deacon Court E Property Address _ Scott&Maura Hempstead Owner Owner's Name information is Barnstable MA 02630 required for �. April 1,-2013• every page. Cityrrown State Zip Code Date:1 Inspection D. System Information (cont.) Last date of occupancy/use:- Date Other(describe below): , General Information Pumping Records: Unknown Source of information : Was system pumped as part of the inspection? ❑ Yes ® No If yes, volume pumped: gauons L How was quantity pumped determined?- 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/Alternative technology. Attach a copy of the current operation and 'maintenance contract (to be obtained from system owner) r.id a copy of latest • inspection of the I/A system by system operator under contf act a • Y ❑ „ Tight tank. Attach a copy of the DEP approval: ❑ Other(describe): t5ins•3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 8 o1,17 z - r■ r Commonwealth of Massachusetts • Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments 21 Deacon Court iG^M Property Address Scott&Maura Hempstead Owner Owner's Name information is Barnstable_ MA 02630 Aril 1, 2013 ` required for _ p every page. Cityrrown State Zip Code Date of Inspection D. System Information (cont.) Approximate age of all components, date installed (if known) and source of.'nformation: Installed in 1986 Were sewage odors detected when arriving at the site? ❑ Yes ® No Building Sewer(locate on site plan): " Depth below grade: R 1' feet Material of construction: F l ❑ cast iron ® 40 PVC ❑ other(explain): . I 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: . feet Material of construction: ro ® concrete ❑ metal ❑ fiberglass ❑ polyethylene '❑ other(explain) If tank is metal, list age: years Is age confirmed by a Certificate of Compliance? (attach a copy of certificate) ❑ Yes'❑ No 8.5''long x 5.2' al.wide- 1000'g Dimensions:• t • , Sludge depth: - 3„ °t5ins•3/13 Title 5 Official Inspection Form Subsurface Sewage Disposal System•Page 9 of 17 Commonwealth of Massachusetts W Title 5 Official Inspection Form , r Subsurface Sewage Disposal System Form - Not for Voluntary Assessments 21 Deacon Court d Property Address Scott&Maura Hempstead Owner Owner's Name information is Barnstable MA 02630 April 1, 2013 required for P every 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 27 Scum thickness 3" 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 10' Measured How were dimensions determined? Comments(on pumping recommendations; inlet and outlet tee or baffle condition; structural integrity, liquid levels as related to outlet invert, evidence of leakage, etc.): Liquid level was found at bottom of outlet invert and baffles were intact. Tank was structurally sound. 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 l5ins•3113 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 10 of 17 Commonwealth of Massachusetts qi Title 5 Official Inspection Fora Subsurface Sewage Disposal System Form - Not for Voluntary Assessments 21 Deacon Court ` Property Address Scott& Maura Hempstead - Owner Owners Name information is required for Barnstable MA 02630 April 1, 201-3 every page. City/Town State Zip Code, Datr:.')f Inspection D. System Information (cont.) Comments (on pumping recommendations, inlet and outlet tee or baffle condition, structural integrity, liquid levels as related to outlet invert, evidence of leakage, etc.): Tight or Holding Tank (tank must be pumped at time of inspection) (locate: n site plan): Depth below grade: Material of construction: ❑ concrete ❑ metal ❑ fiberglass ❑ l pol eth ene y y, ❑ other(explain): i F ° Dimensions: Capacity: r gallons Design Flow: gallons per day Alarm present: El-'Yes '❑ No j 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)..ls copy attached? _0 Yes ❑ 'No t5ins 3113 a, Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 11 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments -' •'• 21 Deacon Court .w Property Address Scott&Maura Hempstead Owner Owner's Name information is + required for Barnstable MA 02630 April 1, 2013 every page. Cityrrown State Zip Code Date of Inspection D. System Information (coat.) Distribution Box (if present must be-opened) (locate on site plan): Depth of liquid level above outlet invert 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.): Pump Chamber(locate on site plan): + Pumps in working order: 1 ❑ Yes ❑ No` Alarms in working order. l ❑ Yes ❑ No' - - a Comments (note condition of,pump'chamber, condition of-pumps and appurtenances, etc.): * If pumps or alarms aregnot in working order, system is,a conditional pass. Soil Absorption System (SAS) (locate on site plan, excavation not required): If SAS not'located, explain why: i t5ins.-3/13 ; Title 5 Official Inspection Form:SubsurfaL ewage Disposal System•Page 12sof 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments 21 Deacon Court I Property Address — — Scott& Maura Hempstead ` Owner Owner's Name information 1s Barnstable MA * 02630 April 1, 2013 required for p every page. City/rown State Zip Code Date of Inspection, D. System Information (pont) b Type: w . '® leaching pits number: One 6x6 pit El leaching chambers number: ❑ leaching galleries ` : s number: ❑ leaching trenches number, length: ❑, leaching fields number:dimensions: — .❑ overflow cesspool , number: ❑ innovative/alternative system Y Type/name of technology: . Comments (note condition of soil, signs of hydraulic failure,'level of ponding, damp soil, condition of vegetation, etc.): Liquid level was 4" below"inlet,pipe at time of inspection, observed staining to top of structure i indicating pit is in hydraulic failure. Cesspools (cesspool must be pumped as part of inspection) (locate on site plan): Number and configuration T Depth—top of liquid to inlet invert - Depth of solids layer x i Depth of scum layer. — Dimensions of cesspool r , • Materials of construction ` ` Indication of.groundwater inflow ❑ Yes ❑ ,No .t5ins•3113 Title 5 Official inspection Form.Subsurface Sewage Disposal System•Page 13 of 17 . I Commonwealth of Massachusetts 4 : . Title 5 Official Inspection Form, Subsurface Sewage Disposal System Form - Not for Voluntary Assessments °M 21 Deacon Court iq Property Address Scott&Maura Hempstead - Owner Owner's Name 4 - information is +' required for Barnstable MA 02630' Aprii.1, 2013 every page. Cityrrown State Zip Code Da'.•.of Inspection D. System Information (cont.) Comments (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation;. etc.): Privy (locate on site plan): Materials to gals of construction: , t Dimensions — Depth of solids Comments (note condition of soil, signs of hydraulic'failure, level'of ponding, condition of-yegetation, etc.): _ l I r. t -n • r , • ' .. .. a .1- _ f ' ` 15iris•3/13 ' Title 5 Official Inspection Form Subsurface Sewage Disposal System•Page 14 of 17 Y l i r �\ Commonwealth of Massachusetts r Title 5 Official Inspection Form Subsurface Sewage Disposal System Form - Not for Voluntary Assessments 21 Deacon Court —--- Property Address -------- Scott & Maura Hempstead Owner --- ----- P -- Owner's Name information is ---° — required for Barnstable - - _ - MA - 02630 _ Al'it 1, 2013 every page. City/Town state Zip Code Date oNnspection 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 3 ❑ drawing attached separately r, 31 . 23 57 81 f M :p i S ,a N Commonwealth of Massachusetts M : - Title 5 Official Inspection Form o Subsurface Sewage Disposal System Form - Not for Voluntary Assessments 21 Deacon Court " Property Address Scott&Maura Hempstead Owner Owner's Name information is Barnstable MA 02630 April 1, 2013 required for pi every page. City/Town 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: N/A feet _ t 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: Date: ❑ Observed site (abutting hole within 150 feet of SAS ( 9 ) ❑ 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 - Before filing this Inspection Report, please see Report Completeness 4.hecklist on next page. 15ins•3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 16 of 17 s Commonwealth of Massachusetts W Title 5 Official Inspection For Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 21 Deacon Court Property Address Scott&-Maura Hempstead Owner Owner's Name information is Barnstable MA 02630 April 1, 2013 required for p every page. City/Town 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 attache-d in separate file R t5ins-3/13 Title 5 Official Inspection Form:Subsurface Sewage Disposal System-.Page 17 of 17 d Town of Barnstable OFZHE Tp Barnstable Regulatory Services Thomas F. Geiler, Director ASAmericaMy = BAxNsrnBLE, * Public Health Division 1 Q D 9 MASS• �'1639. n3�A Thomas McKean, Director Zoos 200 Main Street- Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 January 16, 2013 Re: 21 Decon Court Assessors Ma 300• Parcel 057 p ., Barnstable, Massachusetts To Whom It May Concern: This letter clarifies that the Health Division has no objection to four (4) bedrooms at this property. Even though the original permit has three'(3) bedrooms, the leaching facility has additional capacity for up to six.(6) bedrooms. " Very truly yours, t Thomas McKean, R.S., CHO Director of Public Health Commonwealth of Massachusetts Title 5 Official Inspection Form _ Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 21 Deacon Court Property Address John Savage Owner Owners Name information is required for every Barnstable MA 02630 10/24/12 page. Cityrrown State, Zip Code Date of 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. Aardvark Environmental Inspections Company Name ' PO Box 896 Company Address East Dennis MA 02641 Citylrown 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 tpg ' information reported below is true,accurate and complete as of.the time of the inspctton.TfieMspeetibn was performed based on my training and experience in the proper function and maintenance ofon site`m 13sewage disposal systems. I am a DEP approved system inspector pursuant to;Section 15.3.40 off Title 5(310 CMR 15.000).The system: ® Passes ❑ Conditionally Passes ❑ Fails 9 ^, ❑ Needs Further Evaluation by the Local Approving Authority, j' 10/25/12 Inspe ors 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 underthe 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. t5ins-11/10 * Title 5 Offci cdon Fonn:Subsurface Sewage Disposal System•Page 1 of 17 c Commonwealth of Massachusetts Title 5 official Inspection Form ` Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 21 Deacon Court Property Address John Savage Owner Owner's Name information is Barnstable MA 02630 10/24/12 required for every page. Cityrrown state Zip Code M1 Date of Inspection B. Certification,(cont.) Inspection Summary:Check A,B,C,D or E/always complete all of Section D A) System Passes: ® 1 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: t 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 exfiltration 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 Official Inspection Form:Subsurface Sewage Disposal System•Page 2 of 17 f - Commonwealth of Massachusetts Title 5 Official Ins ection Form P Subsurface Sewage Disposal System Forth-Not for Voluntary Assessments 21 Deacon Court Property Address John Savage Owner Owner's Name information is required for every Barnstable MA '02630 10/24/12 page. Cityfrown State Zip Code Date of Inspection B. Certification (cont.) , B) System Conditionally Passes (cont.): ❑. Observation of sewage backup or tireak 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): I ❑ 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 El . El 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 t 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.funct_ioning 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 w`iii5=11i1 ' - iiue 55 viu;iai in spedtor.F'uiuii&ibGii ace sCvraye uaNuui System {-age 3 W.17 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 21 Deacon Court Property Address John Savage Owner Owner's Name information is required for every Barnstable MA 02630 10/24/12 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) detennines that the system is functioning in a marinerthat 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 El ® 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 F-1 0 due to an overloaded or clogged SAS or cesspool El ® 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 day flow t5ins-11/10 Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 4 of 17 Commonwealth of Massachusetts Uo Title 5 Official Inspection Forum Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 21 Deacon Court Property Address John Savage Owner Owner's Name information is required for every Barnstable MA 02630 10/24/12 page. City/Town 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. El ® 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,perforated 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 and chain of custody must be attached to this form.) ® The system is a cesspool serving a facility with a design flow of 2000gpd-' El 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 15,000 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 ❑ El 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 i 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 Department. t5ins•11/10 Tide 5 Official inspection Form:Subsurface Sewage Disposal System•Page 5 of 17 Commonwealth of Massachusetts.' I� Title Official t e 5 0 c a Inspection Form s Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 21 Deacon Court Property Address John Savage Owner Owner's Name information is required for every Barnstable MA 02630 10/24/12 page. Citylrown 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 NIA) ® ❑ 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? . 4 ® ❑ 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. 0 ❑ 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 IV Residential Flow Conditions: Number of bedrooms(design): 3 ` Number of bedrooms(actual); 3 DESIGN flow based on 310 CMR 15.203(for example: 110 gpd x#of bedrooms): 330 ------------ t5ins•11/10 Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 6 of 17 Commonwealth of Massachusetts Title 5 Official Inspection Form Y. p , s Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 21 Deacon Court Property Address John Savage Owner Owner's Name r information is required for every Barnstable MA A02630 10/24/12 page. City/Town "' State Zip Code Date of Inspection D. System Information { Description: _ t r Number of current residents: . 1 r 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? r ❑ Yes ® No / Seasonaluse? ❑ Yes ® Not Water meter readings,if available'(last 2 years usage.(gpd)): Detail: - P ' Sump pump? ❑.Yes ® No Last date of occupancy: Current Date CommerciaYIndustrial Flow Conditions: Type of Establishment y T `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 .r • 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 r Commonwealth of Massachusetts Title 5 Official Inspection Form ` s Subsurface Sewage Disposal System Forth-Not for Voluntary Assessments M 21 Deacon Court SV Property Address John Savage . Owner Owner's Name information is Barnstable • MA 02630 10/24/12 required for every page. Cityrrown State Zip Code Date of Inspection D. System Information (cont.) Last date of occupancy/use: Date ry 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? r 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/Alternative 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 Title 6 Official Inspection Form:Subsurface Sewage Disposal System-Page 8 of 17 Commonwealth of Massachusetts ' Title 5 Official Inspection Forrvt Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 21 Deacon Court Property Address John Savage Owner Owner's Name information is required for every Barnstable MA 02630 10/24/12 page. Citylrown State Zip Code Date of Inspection D. System Information (cont.) Approximate age of all components,date installed(if known)and source of information: 10/30/86 per BOH ' 171 Were sewage odors detected when arriving at the site? ❑ Yes ® No Building Sewer(locate on site plan): Depth below grade: 2.2 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: 1.5 feet Material of construction: , ®concrete ; ❑ metal ❑fiberglass El polyethylene ❑ other(explain) If tank is metal,list age: years Is age confirmed by a Certificate of Compliance?(attach a copy of certificate) ❑ Yes ❑ No Dimensions: 1,000 gal Sludge depth: t5ins•11/10 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 9 of 17 Commonwealth of Massachusetts ; MEN Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 21 Deacon Court Property Address John Savage " Owner Owner's Name information is d, required for every Barnstable MA 02630 10/24/12 page. Citylrown State Zip Code Date of Inspection D. System Information (cont.) Septic Tank(cont.) Distance from top of sludge to bottom of outlet tee or bae 26" baffle 2" Scum thickness 6" Distance from top of scum to top of outlet tee or baffle ` 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): t 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 . f Date of last pumping: Date t5ins•11110 • Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 10 of 17 x • r Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 21 Deacon Court Property Address John Savage Owner Owner's Name information is required for every Barnstable MA 02630 10/24/12 page. Cityrrown state Zip Code Date of Inspection D. System Information (cost.) Comments(on pumping recommendations,inlet and outlet tee or baffle condition,structural integrity, liquid levels as related to outlet invert,evidence of leakage,etc.): Tight or Holding Tank(tank must be pumped at time of inspection)(locate on site plan): Depth below grade: Material of construction: ❑ concrete El 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.): v Attach copy of current pumping contract(required). Is copy attached? ❑ Yes ❑ No t5ins-11110 Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 11 of 17 Commonwealth of Massachusetts Title 5 Otfiicial Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 21 Deacon Court Property Address John Savage Owner Owner's Name r ` information is required for every Barnstable MA 02630 10/24/12 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.' i Pump Chamber(locate on site plan): Pumps in working order: ❑ Yes ❑ No Alarms in working order. ❑l 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: S t51ns-11/10 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 12 of 17 f s Commonwealth of Massachusetts Title 5 Official Inspection Form s Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 21 Deacon Court Property Address John Savage ' Owner Owner's Name s information is required for every Barnstable MA 02630 10/24/12 page. City/Town State Zip Code -Date of Inspection D. System Information (cont.) ., Type: ® leaching pits number. ❑ leaching chambers y number:. ❑ leaching galleries number. y ❑ leaching trenches number,length: El leaching fields number,dimensions: overflow cesspool °number: ❑ innovative/altemative system 4 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 a 6'x6'precast pit surrounded by three feet 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 s Depth of solids layer Depth of scum layer •- Dimensions of cesspool Materials of construction Indication of groundwater inflow A ❑ Yes ❑ No t5ins•11/10 Tile 5 Official Inspection Form:Subsurface Sewage Disposal System Page 13 of 17 Commonwealth of Massachusetts - Title 5 Official Inspection Form s Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 21 Deacon Court Property Address John Savage 7 Owner Owner's Name information is required for every Barnstable MA 02630 10/24/12 page. Cityrrown state Zip Code Date of Inspection D. System Information (cont.) Comments(note condition of soil,signs of hydraulic failure,level of ponding,condition of vegetation, etc.): r • 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.): f + t5ins-11110 Me 5 Official fnspeclion 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 21 Deacon Court Property Address John Savage Owner Owner's Name information is required for every Barnstable MA 02630 10/24/12 page. City/Town 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 32 ry " t5ins•11110 Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 15 of 17 t t Commonwealth of Massachusetts Title 5 Official Inspection Form . Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 21 Deacon Court Property Address John Savage : Owner Owner's Name information is required for every Barnstable MA 02630 10/24/12 page. Cityrrown State Zip Code Date of,Inspection D. System Information (cont.) Site Exam: r ® Check Slope ❑ Surface water ® Check cellar ❑ Shallow wells Estimated depth to high ground water. 16.0 R feet Please indicate all methods used to determine the high ground water elevation: ® Obtained from system design plans on iecord If checked,date of design plan reviewed: 04/28/86 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:. Design plan shows no water at 16.0 feet. Bottom of leaching.is'at 10.0 feet r Before filing this Inspection Report,please see Report Completeness Checklist on next page. t5ins•11/10 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 16 of 17 } Commonwealth of Massachusetts Title 5 Official Inspection Foam s Subsurface Sewage Disposal System Form-Not for Voluntary Assessments' 21 Deacon Court Property Address John Savage Owner Owner's Name information is required for every Barnstable MA 02630 10/24/12 page. Citylrown State Zip Code Date of Inspection E. Report Completeness Checklist ® Inspection Summary:A, B, C, D,or E checked c ® 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 G ' ., 1. • . . . . m a 'Y .' •�;. t5ins-11/10 Title 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 17 of 17 ZI TOWN OF BARNSTABLE c LOCATION �a �S �c,yco Co"`" ' SEWAGE # VILLAGE &gg.S;4 ASSESSOR'S MAP LOT 3�a M; INSTALLER'S NAME & PHONE.NO. a see r SEPTIC TANK CAPACITY Xe- LEACHING FACILITY:(type) Zo G4 (size) (rX O. OF BEDROOMS PRIVATE WELL OR,PUBLIC WATER BUILDER OR OWNER , Z dlr9 DATE PERMIT ISSUED: DATE .-COMPLIANCE ISSUED. VARIANCE GRANTED: Yes No l Fed i THE COMMONWEALTH OF MASSACHUSETTS u _ BOAR® OF H TH .......... OF..... ..........._. ` Appl ration for Disposal Murks nn#xnr#iun frrutff Application is hereby made for a Permit to Construct ( or Repair ( ) an Individual Sewage Disposal systelr, at .....--........... ......................_................................. ....................................... Location-Address or Lot No. . .............- _ r ..................................................... . --- ..........--........-............................................................_........�. Address 1 Installer� Address r Type of Building Size Lot_��_ ...__....._Sq. feet �-, Dwelling—No. of Bedrooms__ _ _______________ .._Expansion Attic CI� Garbage Grinder `L4 Other—Type of Building No. of.persons............................ Showers ;, — Cafeteria a YP g P ( ) ( ) Other fius ...._.. --__..... W .Design Flow .. ................gallons per person per day. Total daily flow....... _:_.____. ............gallons. WSeptic Tank—Li uid ca acit / .._gallons Len -�.._..... Width..I�s,.... Diameter................ Depth-_-L/.__.... x Disposal Trench—No_____________________ Width.................... Total Length.................... Total leaching area.___:..............sq. ft. Seepage Pit No..._®. � p 4p g .9- q- __.. meter.__L__�:..._. Depth below inlet................... Total leaching area..s�� .. ..s ft. Z Other Distribution box ( Dosing tank ( ) Percolation Test Results Performed by...... .................................................... Date....191 .......... Test Pit No. 1...........:....minutes per inch Depth of Test Pit.................... Depth to ground water........................ 93� Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth to ground water....._.._............... r4 -------- ---------------------------------•------•-•--....---•----..._..._....------------•------------•--•--.._.....-•-•-------•--••••-�`--••-.......__. ODescription of Soil........................................................................................................................................................................ •-•-- W --------------------------------- --••------------------- •---------- -•----_---- ------- •••-•---------------- ....................................................................... ..----•----•--------------•...----------------.....-•-....---------......._...---------...._.......-----....--------•--•-----•------...........-----•....-•-•----••••---...............--------•-•-•---- V Nature of Repairs or Alterations—Answer when applicable............................................................................................... •....... -•-•----•----------------------------•-•---•--•---------•--------------------------•--•••--•--•••-- Agreement: The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of TITL LE 5 of the State Sanitary Code—The u ders' ed further agrees not to place the system in operation until a Certificate of Compliance has been is d by d of health. __S—ig ned -•- --• ...................................................... -•-----' Dt - APPlication Approved By... . . 2 eto Application Disapproved for the following reasons:.............................................................................................................. - ....................................................................................................................................................................................................... Date PermitNo.............�__ o....... P ..._.... Issued........................................................ Date V C)L) No..-. ....S�� Finc -------- THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH .....................--------------------OF....................................... Appliration for Disposal Works Tonstrurtion thrmit Application is hereby made for a Permit to Construct or Repair an Individual Sewage Disposal System at: C C- .. .......... ..... ... ........................... .................................................................................................. Location-Address or Lot No. ............................................... -------------------.......... ----------—------------------------------- Inft- Address .......... ......... N Installer Address Type of Building Size Lot.A�AV............Sq. feet U Bedrooms -3 Dwelling—No. of ......................................Expansion Attic (Al")P Garbage Grinder #114 Z�...."----------------------- PL4 Other—Type of Building ...............::........... No. of persons............................ Showers Cafeteria P4Other fixtures .....:.......................................................................................................:...... ....... ---- *------------------ Design Flow................5r.. ..........___..gallons per person per day. Total daily,.-Bow........ ....................ga.1lons. 9 Septic Tank—Liquid capacity/60M.. ..gallons Lengthl-n.K..... Width.Y,.) Diameter................ DepthJi.......... Disposal Trench—No..................... Width..............._.... Total Length................... Total.leaching area.....................sq. ft. Seepage Pit No.p -4 .... Diametene. ........ Depth below inlet----4,;........... Total leaching area--?-?-,,- sq. f t. Z Other Distribution box (L4- Dosing tank Percolation Test Results Performed by........./7."�... ..........F/ ......... Date---------------------------------------- Test Pit No. I................minutes per inch Depth of Test Pit....._...._......... Depth to ground water..__.................... rX4 Test Pit No. 2................minutes per inch Depth of Test Pit..............._.... Depth to ground water....--.............._... ............................................................................................................................................................. 0 Description of Soil......................................................................................................................................I.................................. U .........................................................................................................................................................................................*--------------- ........................................................................................................................................................................................................ U Nature of Repairs or Alterations—Answer when applicable................................................................................................ ........................................................................................................................................................................................................ Agreement: . The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of TITLE 5 of the State Sanitary Code— The and gig adfurther agrees not to place the system in operation until a Certificate of Compliance has been is y the ofhealth. Sign(!d............. ........................................................ ......... ........... Application Approved By......7_.�? ........ 1- --------------------------- ......... ---Date Application Disapproved for the following reasons:............................................................................................................... ....................................................................................................................................................................................................... Date 4 Permit No......_............'_ Issued....................................................... Date THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH ..........................................OF................................................................. .................. Trdif irate of (foutplittar THIS IS TO LER--P,(T-Yr,-That-tip.-Ind:,��Se�vige Disposal System constructed or Repaired by.. A—, _..C?Ic_� f y .................................................................................................................................... �: Installer at..................... .......L4...........w..................................... has been installed in accordance with`tRI-p' rovisions of TITI��Ef The State Sanitary Code as described in the application for Disposal Works Construction Permit No; _. ....*;5 dated--------- ...................................... THE ISSUANCE OF THIS CERTIFICATE SHALL NOT BE CONSTRUED AS A GUARANTEE THAT THE SYSTEM WILL FUNCTION SATISFACTORY. DATE.............-/Ip...1-4 ......... ..... Inspector.................................................................................... ................. THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH N ......................................0 F.................................................................................... o..; FEE..... ....`.'....FE ................... Bilk ",'r-gawn.prrutit Permission is hereby granted..... �--- ......................C�.Q.0. r% --------------............. ......... to Constrtj Disposal System ,00'L/ oc-Repair V) an Individua*, e 5 at No...., V.7....... . .............. ........ ...... .e ........ .............. .................................................................................................... Street V as shown on the application for Disposal Works Construction Permit Ncr.CV Dat d...... JV ............ ................. Board of Health .............................................. DATE...... ......... FORM 1255 A.\M. SULKIN. INC., BOS*ON t. TOP OF FOUNDATION v :.� CONCRETE COVER :,• CONCRETE COVERS 4' CAST IRON 12"MAX. 6-0,10 OR SCHEDULE 40 12"MAX. P.V,C, PIPE 4"SCHEDULE 40 P.V.C.(ONLY) , tog PITCH 1/4"PER.FT. PIPE- MIN. LEACH PITCH 1/4"PER.FT. PIT. PRECAST Ie o e INVERT /0� jy" a LEACHING EL✓, X INVERT INVERT !� w �' e:� PIT OR �'• SEPTIC TANK DIST. ELY..�'T,.. ' ; >_ , . '06INVERT EL:ys Y( BOX EQUIV. EL... ...r .... •• • GAL. INVERT :i, 3/4°TO II/; • EUIR y. INVERT w w �: U !•� EL:�3?:,� �� : V. WASH ST E PROFILE OF 'vo " GROUND WATER TABLE SEWAGE . DISPOSAL SYSTEM N0. SCALE // SP1 L LOG WITNESSED BY : DATE .Sl�YI?�.�.... TIME.. . . .... /P-•GiFo,e/o • BOARD OF HEALTH TEST HOLE i "TEST HOLE 2 , ENGINEER ELEV...l/Vv . . . . ELEV. FPV,7. .. . To A el 13 i DESIGN DATA : c�AvIsrOAl c[ AY NUMBER OF BEDROOMS 3 TOTAL ESTIMATED FLOW . . •'��, , , GALLONS/DAY f/Nr' F/✓�'c C / I s_y ty,v c, BOTTOM LEACHING AREA 10 SQ.FT. /PIT 6,� . . . s SIDE LEACHING AREA . . . .a a . . . SQ.FT/ PIT GARBAGE DISPOSAL . . P. ..(50% AREA INCREASE) TOTAL LEACHING AREA . 3. �. . SQ.FT zY PERCOLATION RATE /44 4s .� .i✓, S�3N'�MIN/INCH ./`./A .WATER ENCOUNTERED LEACHING AREA PER PERCOLATION RATE .. SQ.FT. NUMBER OF LEACHING PITS APPROVED . .. . . . . . . ... . . BOARD OF HEA .Z R.' , 3.iy�3 6) . 1i3,C �� _113 �lo�. . . . . . . . . t LTH \\ DATE. . . . . f:(6 AGENT :OR INSPECTOR atLa A<c 1�/PF To ljs S.cr/c=,p�f(N a 4-10 081 , o • - �D T ,.J S• �E�91 o�/S C_% i:)r R�r_7ro�S ��/J To !� /.JE.sTtt �• �",fit,t.�.` ;; or ip�r. c 814 rye PETITIONER, AT a� o.�`�•`�.' `� N , � Z��b Message Pagel of 14 McKean, Thomas From.: McKean, Thomas Sent: Wednesday,Vay 15, 2013 2:32 PM To: 'Maura' Cc: Scott Hempstead; Kate Mitchell Subject: RE: Issue with Septic approval Process at 21 Deacon Court, Barnstable, MA Good Afternoon, I did not state that the original report"faulted due to inaccurate information". These are your words. The first inspection occurred more than five months before the second inspection. Conditions change over time; for example the water usage may or may not have increased after the transfer of real estate date. I do not have any further comments to provide in this regard. Sincerely yours , Thomas McKean -----Original Message----- From: Maura [mai Ito:mohemp@comcast.net] Sent: Wednesday, May 15, 2013 2:05 PM To: McKean, Thomas Cc: Scott Hempstead; Kate Mitchell Subject: Re: Issue with Septic approval Process at 21 Deacon Court, Barnstable, MA The original report was faulted due to inaccurate information which is why we escrowed the funds to upgrade the system based on the new inspection. If that inspection passed we would not be having this conversation. It failed and we simply asking you to recognize based in the new inspection the system is not acceptable Sent from my iPhone On May 15, 2013, at 1:55 PM, "McKean, Thomas" <Thomas.McKean2town.barnstable.ma.us> wrote: Good Afternoon, i don't have an answer for you in this regard. There is no method available to me for making such a precise determination. As I indicated, the original design capacity does not change over the lifetime of use of a system. The purpose of the inspection before a real estate transfer is to protect public health and safety,and the environment. The original inspector determined the system passed; he did not fail the system prior to the date of the real estate transfer. Therefore,,at the time of transfer, the design capacity remained the same at 678 gallons per day. Sincerely, Thomas McKean 5/15/2013 Stanton, David From: Dudley, Brian (DEP) [Brian.Dud ley@state.ma.us] Sent: Friday, March 24, 2006 9:43 AM To: Stanton, David Subject:. RE: 310 CMR 15.303 Hi David, Within the parameters of a normal inspection this would not necessarily trigger a failure. I think that if the system fails, the upgrade would have to take into account the legality of the new number of bedrooms and whether there are any nitrogen loading limitations, etc. As for requiring an upgrade under the generic provision, that would depend on how active the Board would want to be in pursuing this. How many bedrooms were they permitted for originally? Are there any records of building permits being pulled? The main question I would have is that with that leaching pit, the capacity under the '78 code was 549 gpd. How did they get 6 bedrooms without an upgrade? Are the current owners the ones who added the extra bedrooms? If so, would you take enforcement action against them for exceeding the capacity of their system? Hope this helps. Thanks, Brian -----Original Message----- From: Stanton, David [mailto:David.StantonCtown.barnstable.ma.us] Sent: Monday, March 20, 2006 8:29 AM To: Dudley, Brian (DEP) Subject: 310 CMR 15.303 Good Morning Brian, I was wondering if there is anywhere in Title V that would require the upgrade of a system when there is an existing dwelling, with an existing septic system that is not . designed for the capacity of the dwelling? I know under 310 CMR 15.303 (2) it has the generic language in which "any system threatens public health, safety or the environment" may be required to upgrade. The dwelling currently is being occupied with 6 bedrooms. It consists of a 11.000 gallon septic tank and 1,000 gallon leach pit with 2 ' of stone. It is unknown how long the dwelling has had the 6 bedrooms, but looking at the dwelling, it appears it has been like this for a while. It passed a recent Title V inspection (within the past two years) stating the system was in good shape and the leach pit was less than half full at time of inspection. It is .outside of the ZOC. They are not pulling any building permits. Is it typical and\or allowed to .leave the current system in place, and when the systems eventually fails, then require the system be designed for the adequate number of bedrooms? If it is not allowed, would they then have the two years to upgrade the system? Thanks, David W. Stanton, RS Health Inspector Town of Barnstable 200 Main Street Hyannis, MA 0.2601 Direct phone: (508) 862-4647 Health Dept. phone: (508) 862-4644 Health Dept. fax (508) 790-6304 1 AsBuilt Page 1 of 1 lQ 2/ TOWN OF MTABLE o LOCATION �=C S,5' ��Hca., SEWAGE # ��`� VILLAGE P - ASSESSOR'S MAP & LOT INSTALLER'S NAME PHONE NO. :Tc) I .wonisj r SEPTIC TANK CAPACITY 'LEACHING FACILITY:(type) /4TC7 641 ':�,-NO. OF BEDROOMS PRIVATE WELL ORS PUBLIC WATER t BUILDER OR OWNER DATE PERMIT ISSUED: •� / (o DATE COMPLIANCE ISSUED: 37�� VARIANCE GRANTED: Yes Noy�C ti 1 r t � http://issgl2/intianet/propdata/prebuilt.aspx?mappar=300057&seq=1 4/10/2013 L I q'1 rz Al I \ 46 05 WRW- Ch f T Gj 1 w \ IN. i` lr f I '� Cn �- �~ t via r� k. . $2.�- vim• �/_�' ��. r ., s co141 if .40 Ile �� NO 814 ALL SYSTEM COMPONENTS SHALL BE MARKED WITH MAGNETIC TAPE OR SYSTEM PROFILE COMPARABLE MEANS FOR FUTURE LOCATION. PROP. VENT (SEE NOTE) NOTES Barnstable Harbor LEGEND- PROVIDE WATERTIGHT 20" MIN. DIAM. (NOT TO SCALE) CONCRETE COVERS TO WITHIN 3" GRADE 1. DATUM IS APPROX. NGVD 99 --- EXISTING CONTOUR ACCESS COVERS TO WITHIN 6" OF FIN. GRADE \ TOP FOUND. EL. 38.2' 2" PEASTONE OR GEOTEXTILE 2. MUNICIPAL WATER IS EXISTING , x 99 EXIST. SPOT ELEV. FILTER FABRIC OVER STONE 99 PROPOSED CONTOUR MINIMUM .75' OF COVER OVER PRECAST 2% SLOPE REQUIRED OVER SYSTEM 36.0' 3. MINIMUM PIPE' PITCH TO BE 1/8" PER FOOT. 4. DESIGN LOADING FOR ALL PROPOSED PRECAST UNITS BLOCKS OR TO BE AASHO H-2C 99 PROPOSED SPOT EL. 4"OSCH40 PVC MORTAR ALL PRECAST RISERS 5. PIPE JOINTS TO BE MADE WATERTIGHT. Locus TH1 35.2 PIPES LEVEL 1ST 2' 4' COMPONENTS H-10 s �ENDS TEST HOLE :.•• 0 BE IN ACCORDANCE WITH .�.• .• EXISTING PROPOSED 7 GROUND 10" 1000 GAL H-10 14" 10" 1500 GAL H-10JTEE 310 CMR 15.000 (TITLE ) a• SIDES 33.0 6 CONSTRUCTION DETAILS T E WI i SLOPE OF GRO TEE SEPTIC TANK TEE - T V. 33.8't* 32.68' TEE SEPTIC TANK \32.43' o o ° o ®®®® ' ®�®� ®��® 0 -®I�®� �-°-° o ° LJ " °°°°°°°° ®®�®®®®�o® ® MME21F ®�® ° ° ° ° 7. THIS PLAN IS FOR PROPOSED WORK ONLY AND NOT TO c� o 0 0 _____0 0•0 6 WIN. SUMP o >°o°°°o°° ;°o°o°o°o o (RE-USE)** GAS BAFFLE:• °oOO00000 ° ° ° ° ®0®�0®�®®®® ®®®�®�®®�� ° o o ° Q. c UtE �00000o00o0 >°o°o°o°o ,°o°o°o°o 0000000 OLD UTILITY POLE GAS BAFFLE::: �_� 12" MIN. INT. DIM. N :°o°o°o°o ��®®�®®®®®® ®®®®®��®® ,°°°o°°°o BE USED FOR LOT LINE STAKING OR ANY OTHER °O°°O°°°°°O° 30.0' PURPOSE. o �� ;.:. •. . r.• �• FIRE HYDRANT LIQ. LEVEL (ACME OR EQUAL) 1% PE R SEPTIC SYSTEM TO SCH 40-4 PVC j . 32.28 32.11 ° ° ° ° 0-0-0- 4' ° ,,.. : ;.. .. : SLOPE 0°0 0 0 0 0 0 0 0 0 0 0 0 0 o^o o o••o 0 0 8" 8. PIPE FOR EPT " m � NOTE: NOT ALL SYMBOLS MAY APPEAR IN DRAWING o000000000000000000000 00000000000000000000000000000000o0o0oO0000o00 1 " „ L H-20 500 GAL. LEACHING CHAMBER BY ACME PRECAST OR EQUAL. •I' 9% �,o,o�o_r_0_n.�_� 0 0 0 0 o r_r_r_0_n_0.o 0 3/4 -1-1/2 DOUBLE WASHED STONE 4' MIN. SLOPE (5) UNITS REQUIRED 9. COMPONENTS NOT TO BE BACKFILLED OR CONCEALED SLOPE ALL AROUND PRECAST STRUCTURES WITHOUT INSPECTION BY BOARD OF HEALTH AND z ��onit 6" CRUSHED STONE OR MECHANICAL OVERALL DIMENSIONS TO OUTSIDE OF STONE: 50.50' X 12.83' PERMISSION OBTAINED FROM BOARD OF HEALTH. ouch �o� COMPACTION. (15.221 [2]) to op 10. CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING *THE INSTALLER SHALL VERIFY THE DIGSAFE (1-888-344-7233) AND VERIFYING THE LOCATIONS OF ALL UTILITIES AND ALL LOCATION OF ALL UNDERGROUND & OVERHEAD UTILITIES BUILDING SEWER OUTLETS AND EXISTING PROPOSED LEACHING PRIOR TO COMMENCEMENT OF WORK. LOCUS MAP ELEVATIONS PRIOR TO INSTALLING ANY EXIST SEPTIC TANK 12' SEPTIC TANK 15' D' BOX 13' NO GROUNDWATER FOUND PORTION OF SEPTIC SYSTEM FOUNDATION- FACILITY 11. ANY UNSUITABLE MATERIAL ENCOUNTERED SHALL BE NOT TO SCALE REMOVED 5' BENEATH AND AROUND THE PROPOSED **INSTALLER SHALL CONFIRM MINIMUM SEPTIC TANK SIZE AT LEACHING FACILITY. ASSESSORS MAP 300 PARCEL 57 1000 GALLONS AND ITS SUITABILITY FOR RE-USE. REPLACE 12. EXISTING LEACHING FACILITY SHALL BE PUMPED AND WITH 1500 GALLON SEPTIC TANK APPROPRIATE TO SITE REMOVED OR PUMPED AND FILLED WITH CLEAN SAND. CONDITIONS IF NOT SUITABLE 192.86' SYSTEM DESIGN: GARBAGE DISPOSER IS NOT ALLOWED DESIGN FLOW: 6 BEDROOMS @ 110 GPD = 660 GPD USE A 660 GPD DESIGN FLOW SEPTIC TANK: 660 GPD (2) = 1320 USE PROPOSED H-10 1500 GAL. SEPTIC TANK IN TEST HOLE LOGS TEST HOLE LOGS SERIES WITH EXISTING 1000 GAL. SEPTIC TANK ENGINEER: ARNE' H. OJALA, PE, SE (#s 1 ,2,3) ENGINEER: HOS ENGINEERING LEACHING: DONNA MIORANDI, RS R. GIFFORD WITNESS: WITNESS: o SIDES: 2 (50.5 + 12.8) 2 (.74) = 187 GPD JULY 12, 2013 86 o DATE: DATE: 9/22/ BOTTOM 50.5 x 12.8 (.74) = 478 GPD PERC. RATE _ < 2 MIN/INCH PERC. RATE _ < 2 MIN/INCH TOTAL: 899 S.F. 665 GPD CLASS I SOILS P# 14062 CLASS I SOILS P# 3576 USE (5) 500 GAL. H-20 LEACHING CHAMBERS (ACME OR EQUAL) WITH 4' STONE ALL AROUND ELEV. ELEV. ELEV. OLD ELEV OLD ELEV. o„ `�% 33.2' p" 35.5' p» 36.0' 0» 4 36' O» 4 35' MA A APPROVED DATE BOARD OF HEALTH FILL SAND FILL SL TOP & SUB TOP & SUB 6" 10YR 4/3 .1' 1' 48„ 72„ Z LOT 55 B 71 ,186 SF A/B C1 LS 5, CLAY/TONE 2, CLAY SL SL o; 14" 10YR 5/6 , 60" 10YR 2/1 120" 2.5Y 6/3 25.5' PERC C1 FINE SILTY FINE SILTY MS 10' SAND/CLAY 5' SAND/CLAY g C2 72" 2.5Y 6/4 , SL C2 FINE SILTY x 28.50 1 OYR 5/6 84" 26.2' MCS SL PERC 9' SAND/CLAY „ 2.5Y 6/3 , COARSE SAND � 120 26.0 D C 2.5Y 7/4 1 DECK C3 =�-31�so 99 EXISTING LFS � MCS DWELLING ( COARSE SAND ` I 2.5Y 6/3 I 2.5Y 7/4 J EWERES 132 22.2 180 , 20.5 20' 15' 20' 180 21.0 16' �� 32. 6 BENCHMARK _ ETER CONO GROUNDWATER ENCOUNTERED 32.21 i(�✓}� COR LANDING EL.=38.6' cn`V (IV GROUNDWATER ENCOUNTERED 3/ �^ -.35 7.03 7.69 j 38.6 / 14 EXISTING 28.86 I 3 .537 Sy x 37,�/ GARAGE 1 f 34. 7 �tj1 36.60 598 x 36.96x '17.08x6 , x3 .82 TITLE 5 S ITE PLAN 33,26 f { EXIST.j 3x 36.68 36.6 OF r; 36.19 I x 9.67 2.86 4 4� 3 (Q I STONE .17 21 DEACON COURT f OLD TH1 I DRIVE / 3 64 f{r✓' fr, � �33 o I BARNSTABLE I " CEDAR 36.26LP / 36.28 PREPARED FOR I -�5 � / 3 .04 3 .19 �\ °4°72 u ' _- _ _ ,�- 36.58 SCOTT HEMPSTEAD H . ,� �� 56.16 �s 37. 9 \� 5_87 TH 3 12 / \\,36. P��R�'�N�`Ni/ , �36.45 JULY 25, 2013 _ 36 08 / \ �+ .22 AUGUST 19, 2013 (S/T NOTES) �� 97 AUGUST 2.9, 2013 (S/T) 36.25 30 \ �c 37 W W__ /_ x37.44 p�i� / Scale: 1"= 20' / \ PROP. VENT WITH CHARCOAL FILTER 9 61 \ 36.43 `x 3 4� AND BUGSCREEN (FINAL PLACEMENT BY O CONTRACTOR WITH HOMEOWNER ` � 4 _ �i U 0 10 20 30 40 50 FEET CONSULTATION) 3-7. W O M , .P4 AS off 508-362-4541 5 REMOVAL OF UNSUITABLE SOIL REQUIRED 0 '�'� �� JF��s�c s9 �� jN of Mass fax 508-362-9880 /q DAhJlec. G sky - S SNOFMgs kT q , 'o NIEL ` �� DANIELA downcape.com AROUND PERIMETER OF LEACHING FACILITY U A. D/\ s DOJALA ' �' down cape a Mee�hng inc OJALA A• �n, o OJALA 6 DOWN TO SUITABLE SOIL LAYER. REPLACE �, N°,40060 " O.1KLA CIVIL CIVIL WITH CLEAN MED. SAND, TO MEET Ljj SPECIFICATIONS OF 310 CMR 15.255(3) [] ` fo No. 40980 o No.46502 S G� N 46502 po �F �° ��`2 civil engineers 941 SURlE v ° F 1 �P t� F b k�� r G/sTe� �� /�F Gar, �S3/ONAL ��G land surveyors ��-�/I°�7 N, b � 939 Main Street ( Rto 6A) DATE DANIEL A. OJALA, P.E., P.L.S. YARMOUTHPORT MA 02675 13-004 6 BR