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0000 VANDUZER ROAD - Health (2)
VANDUZER ROAD ~ Cape Cod Village E Barnstable, _ �-_ ^ , � � � � I l r� . r*j w 3 - �` J IKETO�ti Town of Barnstable + MRNnARi.R� i Regulatory Services Thomas F. Geiler,Director Public Health Division Thomas.McKean,Director 200 Main Street, Hyannis,MA 02601 DATE: NUMBER OF PAGES TO FOLLOW: TO: FROM: gA PHONE: PHONE: (508) 862-4644 FAX PHONE: FAX PHONE: (508) 790-6304 cc: NOTES/CO NTS: o a ° l� k { / , j QAFaz Form.doc i Commonwealth of Massachusetts Title 5 Official Inspection Fora Subsurface Sewage Disposal System Form-Not for Voluntary Assessments Property Address Owner Owner's Name information is required for every page. City/Town State Zip Code Date of Inspection D. System Information (cunt.) Last date of occupancy/use: Date Other(describe below): General Information Pumping Records: Source of information: Was system pumped as part of the inspection? ❑ Yes ❑ No If yes,volume pumped: gafions 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/Altemative technology.Attach a copy of the current operation and maintenance contract(to be obtained from system owner)and a copy of latest inspection of the I/A system by system operator under contract ❑ Tight tank. Attach a copy of the DEP approval. ❑ Other(describe): t5ins•3/13 Title 5 015dal kt pm tion Forth:Subsurface Sewage Disposal System Page 8 of 17 Fax Send Report SEP-25-2013 07:05 WM Fax Number • 15087906304 Name • BARNST HEALTH Name/Number 95087757526 Page 2 Start Time SEP-25-2013 07:05 WED Elapsed Time 00'24" Mode STD ECM Results [O.K] Town of Barnstable Regulatory Services 'Thomas F.Guiler,Dircctor � 66 Public Health l)Msean Thomas McKean,Director 200 Main Strom Hyannis,MA 02601 DATE: . NTFROER OF PAGM TO FOLLOW: TO: FROM: / I PRONE: PRONE: (5os)862 4644 — PAX PHONE: j FAX PHONE: (508)790-6304 cc: �� NOTES/CO S: �A � i QAFv:Fo—doc i Health Master Detail Page 1 of 1 . r/1y}��j h�ye`,`(� d xt � s asst Logged In As: TOWN\health Health Master Detail Tuesday, December 30 2014 Application Center Parcel Lookup Selection Items Parcel Septic Perc Well Fuel Tank Parcel: 352-035-OOV Location: 54 TOKAMAHAMON ROAD, BARNSTABLE Owner: KALMBACH,TJASA OWEN Business name: Business phone: ert� Rental property:p Y: ❑ Deed restricted: ❑ Number of bedrooms 1 Contaminant released: ❑ Fuel storage tank permit: ❑ Y_ Save Parcel Changes Return to Lookup Parcel Info Parcel ID: 352-035-OOV Condo unit:UNIT 22 Condo complex:CAPE COD VILLAGE Building: Location:54 TOKAMAHAMON ROAD Primary frontage: Secondary road: Secondary frontage: Village:BARNSTABLE Fire district:BARNSTABLE Town sewer exists at this address: NO Road index: 1725 Interactive map 5 Town zone of contribution:AP (Aquifer Protection Overlay District) State zone of contribution:OUT Owner Info Owner: KALMBACH, TJASA OWEN Co-Owner. Streetl:42 JUANITA AVENUE Street2: City:MILL VALLEY State:CA Zip: 94941 Country. Deed date: 11/25/2013 Deed reference:27844/229 Land Info Acres: 0 Use: Condominiu MDL-05 Zoning:RF-1 Neighborhood: 0001 Topography: Road: Utilities: Location: Construction Info Building NoYear Built Gross Area Living Area Bedrooms Bathrooms 1 1947 1218 650 2 Bedrooms I Full Buildings value:$365,500.00 Extra features: $0.00 Land value: $0.00 http://issgl2/intranet/healthMaster/HealthMasterDetail.aspx?ID=35203500V 12/30/2014 r f 'y T® OF BARN S7"A L E :4 Health Division— 200 Main Street - Hyannis, MA 02601 FA.A ° Date: 3 � s • •AMSPABLE, 9 MASS. g Number of pages including cover sheet: 1639. ♦0 AlFD��p To From SHARON CROCKER A14A Ire)A stable Health Division Mail to: 200 Main Street Phone: 1-516 p—J4a S'�` Hyannis,MA 02601 FaL'C-no e: ��rp� Phone: 1-508-862-4644 CC: Fax phone: 1-508-790-6304 REMARKS: ❑ Urgent ❑ For your review ❑ Reply ASAP ❑ Please comment r5 CQO IV Y117 � �� PyoFIHEra�y TOWN OF BARNSTABLE OF FICE OF BAsaSTABLE s MABB. BOARD OF HEALTH Epp 039. `��' 367 MAIN STREET HYANNIS, MASS. 02601 - " ---September Mr. Kelly Whalen, PE ---- -- - _ Project Manager -Dames &-,Moore Engineering —- - - -- 46 Church Street Boston., Ma 0211-6 Dear Mr. Whalen: You are granted multiple variances from Title 5 of the State Environmental Code and Town Health Regulations on behalf of your clients, the Cape Cod Village Condominium Association, to replace the.existing holding tanks with a mounded and sand filter treatment system at Cape Cod Village Condominiums in the village of Barnstable with the following . conditions: 1) The sewage disposal system shall be installed in strict accordance to the submitted plans dated August 30, 1989, revised September 12, 1989. 2) The designing engineer must supervise the installation of the sewage disposal system and certify in writing to the Board the system was installed in strict accordance to the submitted plan. 3) The twenty-two (22) dwellings must be connected to town water. 4) The septic tanks shall be pumped annually. 5) We must continue to hold the escrow account for $3,000. in the name of the Board of Health to insure emergency repairs or-pumping of the tight tanks, if necessary. 6) The _septic tanks and tight tanks must-be_.sealed "tight„ and tested by=-a professional. engineer. The engineer-shall-certifyAn-writing to the Board of Health that the tanks were-tested and found to-,be _'.water=tight." 7) Ultraviolet (UV) disinfection of the wastewater shall be utilized prior to the discharge of wastewater into the mound. 8) The proposed monitoring plan outlined in the letter dated September 12, 1989 from Kelly Whalen, Project Engineer, shall be strictly adhered to. In addition, the monthly water samples collected from the sand filter/UV treatment system effluent and the shallow groundwater must be tested by a certified laboratory: 9) The proposed contingency plan outlined in the same letter dated September 12, 1989 from Kelly Whalen, Project Engineer, shall be adhered to with the exception of the Attachment #2 Mr: Kelly Whalen y Re.: Cape Cod Village Condominium Association September 18, 1989 replacement of the following sentence: The sentence reading "If the system fails, the Cape Cod Village Condominimum Association will remedy the substandard, performance within-- 60 days of.-notice. . ----- --by the----Board----of----Health or the holding tanks will _be--_e_m.ployed and the treatment/disposal system will-be shut down" shall be replaced with:_- If the final effluent fails to meet the standards,-by exceeding the agreed upon limit of 50,000 FC/ml with three (3) consecutive weekly samples, the -Cape Cod Village Condominium-Association will -remedy the substandard performance within fifteen - - (15) days of receipt of the third sample result or the holding tanks will be employed and the treatment disposal system will be shut down.; ** It is recommended the cottages only be occupied on a seasonal basis from'-April through October. It is acknowledged, however, that only Unit #22 has been rented for a number of years on a year-round basis. The variances are granted because the existing tight tanks have been known to leak and cause odor nuisances to the neighbors. Also, an onsite sewage disposal system that could meet Title 5 and Town Health Regulations cannot be installed at this location because of the impervious (clay) soils, and the high groundwater table. The cesspools previously in use contaminated nearby shellfish beds and caused their closure. In addition, the Town of Barnstable Board of Commissioners of the`Department of Public Works will not provide the Cape Cod Village Condominium Association with '.additional pumping privileges at the Town's Wastewater Treatment Plant next year because of complaints received concerning dust, pollution, noise, odors, and safety hazards of the septage hauling trucks, and the Board's understanding that the pumping of the tight tanks - would occur only on a temporary basis not to exceed one (1) year until an alternative disposal system would be installed. Very truly yours, Ann Jane Eshbaugh Acting Chairperson BOARD OF HEALTH - TOWN OF BARNSTABLE - - AE/bs copy: Thomas Mullen, Barnstable DPW Superintendent Bryant Furman, DEP at Boston Attachment #2 y No. .,2Q:. THE COMMONWEALTH OF MASSACHUSETTS i BOARD OF HEALTH TOWN OF BARNSTABLE Appliration for Disposal I#oaks Tonstrurtuan Vprrm I Application is hereby made for a Permit to Construct ( ) or Repair (- ) an Individual Sewage Disposal ij Sy.'stem at ck . `` ff II s laa C. 9.l�J t 4�4�.._. 14�h1114�1f1k(........................... ------•------------••---...-•----•------ . - /� /� °cation•A dre�s . .................... ....5" �r�s�O iKtotti..... - - -- t din l c� ut�........................... No .E-- W 1411t q Owner I/ 2------•----•----- ----------------•------------.....-----•------... ... ?6 Ccrniou ..................... Addres ... s Installer. - -•47 (pj ___ _ ---- Type of Building Size Lot............................Sq. feet t-t Dwelling—' No. of Bedrooms--------------------------------------------Expansion Attic ( ) Garbage Grinder. ( ) aOther—Type of Building .........:::................ No. of persons......._...................... Showers ( ) — Cafeteria ( ) Other fixtures Design Flow--------------------------------------------gallons pgr person per day. Total daily flow........................................... .gal lons. Septic Tank—Liquid capacity............gallons Length................ Width................ Diameter................ Depth................ W - x Disposal Trench—.No..................... Width--------------,..... Total Length.................... Total leaching area.............:.----sq. ft. Seepage Pit No...................... Diameter_................. Depth below inlet----:................ Total leaching area..................sq. ft. Z Other Distribution box ( ) Dosing tank ( ) aPercolation Test Results Performed by----••----•------••--------•------ Date........................................ Test 'Pit No. 1................minutes per inch Depth of Test Pit.............. .----- Depth to ground water .................. 44 Test Pit No. 2----------------minutes per inch Depth of Test Pit-------------------- Depth to ground water.._._....•........_._... Ra Descriptionof Soil --•-•-----------------------------------------•--- ....._...-----•-----•------..........-•------•-•-----•-. x j ---•--• ._.....---_--•-----•--•--=----•••----•-•...................... .•------••-•--...----------------- :--------.-.--.------------------------------ U ture o ep irs or Alters ions—Answer when applicable_..p:�C_.QhG?X....�O4 1-p g,_..E;�Sl�er -.(� ....-_-_ V -..--.------ - ---------•---- ---•--------------------------------------------------------------•-• •---•---.....•-----... ._..................---- Agreement: The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of TITLE 5 of the State Environmental Code—The undersigned further agrees not to place the }system in operation until a Certificate of Compliance hnits been issued by the board of,health. f Signed --- �9µego � Date .. ..... ;Application Approved BY ----------------- - --- 3 -9-a J Date I Application Disapproved for the following reasons- --------------- ------------ ----------------------------- ............................................................... Date PermioNo. .J 5'40--- ._. ,p.� Issued ................................... Date I n ; THE COMMONWEALTH OF MASSACHUSETTS ��. BOARD OF HEALTH ' Octt TOWN OF BARNSTABLE . Certifirate of C ardylinure THIS IS TQ CERTIFY, That the Individual Sewage Disposal System constructed ( ) or Repaired (4 ) by- t -.. ................_..---------------- .........---------. •-•------------------------------------- . ----------- Installer at --•-----------------� d -------ate..------ s � --------------------------------------------------------------- -------------------- has been installed in actor ante with the provisions of TITLE 5 of The State Environmental Code as described in the application for Disposal Works.Construction Permit No. .......,, r7'.��..C�`....... dated ......................... THE ISSUANCE OF THIS CERTIFICATE SHALL NOT BE CONSTRUED AS A GUARANTEE THAT-THE" SYSTEM WILL FUN TIO SATISFACTORY. ell _ ,. � DATE - .................................... ... Inspector .. ' THE COMMONWEALTH OF MASSACHUSETTS BOARD OFF HEALTH �a TOWN OF BARNSTABLE N0...... FEE.3 -...... f .. { tlatt� ork �>��t #rr#in �erutt# Permission is hereby granted.............. = LQ -----•---...-•---•......................... to Construct ( ) or Repair (q`) an Individual Sewage Disposal System ` f atNo------------H--a_ ---------Aa .................. � .= ...........•-----------.-._-.-.................... Street as shown on the application for Disposal Works Construction Permit No.,,CJ.: .f. Dated.......................................... Board of Health DATE.... .. ................................. FORM�36508 HOBBS&WARREN.INC.,PUBLISHERS INTER-DEPARTMENTAL ENVELOPE USE REPEATEDLY UNTIL ALL SPACES ARE UTILIZED To To To LOCATION LOCATION LOCATION I To To To LOCATION LOCATION LOCATION To To To- LOCATION . LOCATION LOCAJW 1 To To To LOCATION LOCATION LOCATION a l To To To LOCATION LOCATION LOCATION TO To To 1 LOCATION LOCATION LOCATION 1 ,. ,� / ,' .� --� _� �_. � _ �� i a. i APr�� I3� ��l�d Ca1� � vi�LgJ� Cor`�„p Iz'�8p� � 5r API 13, /?90 Cap` Cak U JI<,.�e C,,J c, I I 19 9D �Gpe. Cad U i llott CnA�. 1.2:35'p„, C. Aril !311190 r -. � -- ` r'' J �,�� � �`��' . .. ;� ,_ � q y '4 i� � �, �. �_ _ � t� I 4M�.� � `f ,II ? -- - I SENDER: Com lete�iy �. _ - � .f p` tams 1 -and 2 whim ad"nal services ere dsetred, and complete 64 3 and 4. Put your address In the°"RETURN,TO'Space owthe reverse stele.Failure to.do this will prdivont this ' card from being returned to our The return recel fee will rovide ou, name of the; erson dellve d to and.the date of deliver .yore rtiona ees t e o,-ow ng sery cee are evai,a_e cneu t postmaster or ees an c ec c ox es for additional is, I e(sYrequested. 4 1, El to whom deliveretl,de-,a 'and,eddresa Wiii address. 2. ❑ Restricted_Delivery r (Sara charge)_ µ (bra durrgel !' 3. Article Addressed to; - -4. Article"NuMbef ' r1 t -1. Pa�71ina ., fi P 017 M6. 633', 31 Southrjat :oa i T pe'of'$ervic®. r 4 f LJ Registered i$ ❑rinsurad '' Wellesley _'IA 02131 D certified- .'arCOD § „ + ❑ Express Maii Retum Receipt" x w — for;Merchandise ' h Always obtain signature ofaddressas w or agent and RATE DELIVERED, 5. Signature.-�/Address / 8;' Addressee's Addeess,(ONLYe r X vG r�. , requested and fee Pdd) 6. Signature -Agent Y k x 7. Data of Delivery �, 1 PS Form 3811, Mar. 1986 a U,S:G,P.,O: 1l988-212-885 t, DOMESTId R-ETURN RECEIPT � 0 SENDER: Complete,ltems 1 end'2'whe � rti _ n•additional services are tremptete ifema 3 and 4. s .. .,- e Put your address in the "RETURN TO" Space on the r'everse"aide Failure to do this inrili;preventthis4 card from being returned to you.The.r tur"n recei t fee will rovide ou'the name of the"erson delivered' ` to and the.date of d"alive .Fora one ees t a o owing services are ava a_e onsu t.pog master or Tees an cheek box ea for addittd at servlce(s)requested.. 1: ❑ Show to whom delivered,;date, and addressee's address—2. ❑'Restricted Delivery (Bam ch_nrge). _ t2ztrp dwr8el, a & Article Addressed to: 4. Article Number _ �165 .554 348 T pe'of Service" $ 1t�'�17LLy^n' '7c1°i Registered 'D'Insared . r ')3z1G'7eSed L� n1�,9 ? Certified D CODS ' r Ezpreas`Meil ❑ Retum Recel��. } for Merohan'tlise Always cbtainat n!Kiature tof addressee} or age tdDATE DELIVERED 6. signs e. s, �S.A'(i � .s Address"(ONLY(f X R ) 6. Signature'_Agent �8- X 7. Date Delivery , Z(490 ' PS Form 3811, Mar. 1988 * U.S G.P.O. 1988-212 885 DOMESTIC RETURN RECEIPT' s SENDER: Complete items 1,and 2"when additional'services are 3 and 4. . z. �..,; : Put your address In the"RETURN TO" Space anihe reverse side Failure card from being returned to Yyou:;The return.recei t fee will rovide. ou the nay to and the.date of delivery.For a' it one ees t e following services are ava eba'::" r r l or tees an c ec ox es for additional saniice(s)requested. ,,,- a( i i 1. ❑•Show to whom delivered; date and'addressee's address 2 ❑4 yRestricted L.: (Extra,charge) ;t ticzt►a charge) a _1 ._ 3. Article Addressed to: A ` 4: Article Number k " T pe of Sorv!do s " Registered . �D Insured 2.54 14orth Stref?i- A-1k ., 10 CerEifiad COD.; ,f f Ex ress Mail [l Return Receipt ",oston MA 02113' p for Merchandise_ �gF obtain'signature of addressee �} dFit d DATE DELIVERED 5. Signature —Address y -# 8. A7o's Address (ONLY IfXfie Paid)6. Signatu e — Agent X 7. Date of Delivery s. PS Foim 3811 Mar: 1988 U.'S.G.P: . 1988-22=835 DOMESTIC. MESTI RETURN RECEIPT, a SENDER: Complete items 1 and-2 .orw ,,addi•:+r„1 -re curse;. 3 and 4. Put your address in the "RETURN TO^;Space an the reverse,side.'Failurs to''-do this'wlll prevent thls s I card from being returned to you:The return receipt fee Will rovide you the name�of'the arson delivered to and the date of delive For sMitional tees the following services are avac a e." onsu t postmaster or tees and check box(esi for additional service(s) requested.' 1. ❑ Show to whom delivered,date;and addressee's address. 2 ❑ ",Restricted'.Delivery r (Ex—ft charge) (Fxtia charge)° 3. Article Addressed to: 4 Article Number' Patrick Frans �• r 4 ` _55' W Y Txpe of Service: .� 4 Cranberry Ridge Road u Reglatered" ❑ Inured r�tonS MillsPIP,` 02645 ❑Certified"- .COD !�a ❑'Express Mail" (3 Return Race' t for MerchanTlas s . Always obtain signature of addressee or agent and DATEDELIVERED. 'F X ,Sig cature.-Address 8, Addressee's'Address (ONLY LVI if requested and fee pdid) r 6. Signature —Agent X C•. r 7. Date of Delivery r PS Form 3811, Mar-. 1988 Or U.S.O.P.O. 1988-212-885' DOMESTIC RETURN RECEIPT-t t <. nA ®SENDER:.Completeitems 1 end 2.when additional services are desired,and complete Items 3 and 4 Put your address in the"RETURN TO"Space Ion reverse side.Failure to dg this•wii{prevent this p._f cartl from being returned to you:'The:return receipt a aroyide vou.the•hame'of the person t delivered to and the date of delive .For additional fees the following services are eva_t a e.'Consutt postm, meter Tot:fees and c eck ox eel for additional service(s1 requested: Show whom delivered;date;and addressee's address 2: !Restricted'belivery; 3 Article Addressed to 4 _ "� - Ar l Number P,04299;8194 'A Mr nthony RSapienza � -- _ President bf�the CCVillage;.00ndo Asso , Typeofs®wice.7-T t � 5 Lincoln$trees , a r ¢- � egtstered �q insured , tcertifled CODS 4 AAington, Ma::02174 a Ezp Tess Mail A V Alvveys Obtain+ of addr6�ssea agentand DATE DELIVERED. 7 S.Addressee's Address,ONLY. X �requesle�l and fee palaij _ 7°Dat Vf, . D live - ?sx 4 a= „ "PS Rom 3811 Feb.1956' -- ``� `a,DOMESTIC RETURN:RECEfPT ® SENDER: Complete items 1 and 2•when additional servicee`'are ldesire , n compete Items 3 and 4. ', -�- -r--v� �.. d and d R l r Put your address in the"RETURN TO"Space he.re-verse side.Failure to.do,thfe will prevent'•this 'card from being returned to yyou.The return recei t fee will rovide ou the name of the arson delivered to and the date of delivery.For aMnional tees the follow—in-4 services are available.Gonsult postmaser or ees an c ec ox ea for additional service(s)'requested t ,,. ) t 1. Q Show to whom delivered,date"and addressee's address., 2 T❑ Restricted Delivery + �� '(Eztm charg`e) :s 3. (Extra charge) x 3, Article Addressed to: 4. Article Numbe81 Anthony R. Sapi'onza �� P a01`5 355:'1024': { ; '{Y Type of Service: Priscilla S. Sapienza - ,OR egistered 5"Lincoln D:Inbured ,Street ❑;certified C]'co-D - i% ReturnReceippt ar ington -MA 02174 • P'ExpresaMen Return .. Always obtain signature of 60dreasee or aderif and DATE DELIVERED, Z s ' 5. Signature —Address 8 Addressee's Address (ONLYef c X requested aiutf?e Pardl 'F z B. SignaturAgent s = x X 7. Date of Delivery r SIR f PS Fo rm 3811•mar. 1988 V U.8.O.P.0. 1988-212-885` DOMESTIC'RETURN RECEIPT•} _ i �! .fi, tY`-•" "N-l.y` A°"P� .aemrMeec. � Ys �".1"x si. SENDER: Complete items 1 antl 2 when}edditional aarvices,are desired, and coin IateJttems 3 and 4. $ pair _ Put your address in the 'RETURN TO!,,'Space an the reverse'side Fellure to'do this will pr ve ant th�si : i card from being returned to yyou.The return'recei t fee will rovide ou the namebf the arson delivered, to and the date of dehve ;Fora Mona ees the following services are ava a e. one postmaster , or fees an c ec ox es for additlonal�servicels►trequebted , "° _ 1. ❑ Show to whom delivered,date jand addressee's address.- k 2. ❑ Restricted Dei(very r (Extra charge) a „ (Ettr a ekarge) 3. Article Addressed to: 4 Article Number4 , P 165. 534 341 �+ 7 �1 c1^ M. TxZnga s �.;. ®� T'Pe rof Service: Registered ❑ Insu `.ridge �v 021,�% . '"xi' �' ❑Certified ❑COD t ; ❑ Exp' Mell ❑Return Reaei t ' - r for 1lilercha^�es `Always obtein`afgnature of addressee M # 3 c or agent end;DATE DELIVERED ' 5. igna re Address f" , B Addressee's Address°(ONLY(t'A =t X requested rout fee paid)k¢ 6. Signature -Agent 4 k X A H F 7. Date of Delivery y, !, e 3, <PS Form 3>311, Mar. 1988 * U,S,a,P,O 1988 212 '865 ' DAMESTIC RETURN RECEIPT: ...oa".'S„ues,,,...,,•:w.s...,.s.u.-�..... ..--....._ ^ n b i'A t Y ,;.y � 3].Y? rIlk ,' ,;t �:- 3 alnd 4R. Complete items hand 2 when additonal services ses desired, endicompfste items Put your address in the 'RETURN TO Spece,ori the raver"se::s(de:Failure by do this will prevent this card from being returned to you.The return r ei t fee will rovide ou the Hera'of the erson.delivered - '"' to and'the date of delive '.Fore itione sea t e o,ow ng services ces,are available.,_ Consult postmaster . or ees an c ec ox es for additional serVicefs) requested. 1; ❑. Show to whom delivered,date,"and addressee s address 2. ❑ Restricted Delivery ' "(Extra charge),- (Extra charge)* rt 3. Article Addressed to: _ ,' 4' Article Number `.;P534 :347 dDea.it A. Y3Wl.tt�, Type,ofkService , & 65 n ❑ Registered ❑Insuied A7 T70�_d Road ❑ Certified ❑rCOD' " ❑ Ez ass Mall <,' ❑ Rot Recet"t ti'�e11 slay i'IA 02181 for Merchan�se t Always obtain signature of eddreseee or agent°anal DATE DELIVERED " x r 5r ig ®tore d es 8: Addressee'sAdtles ONLY if" X 1 C. re sled� ee pp j , � qua) 8. ignatu, _Agent - 7. Date Of Delivery = ' PS Form 3811, Mae.-1988` +. U:S.a.P.O. 1988-212—(�85 r�.DOI�F �f� RN RECEIPT Alk SENDER:.Complete items 1 end_ 2 when additional services are:deslted;'and ca`rnptete'1-6 3 and 4. 'u 'd' sr 0` Put your address in the"RETURN TO``Space on the,ieverae side Failure to,do this wltljprevant this card from,being returned to you.Thereturn recei t fee will rovide ou the name of the: arson delivered " to and the date of delivery:Poe'a Uona ees,i e following services are'eva a s. onsu t'postmaster r Tor fees an c ecc ox es for additional service(s) requested.,; 1. ❑ $how to whom delivered,'date and addressee's address ` a2 Restriotsd Delivery -; 3. Article Addressed to: 4t:Article,Number 1 t P� 165:�534344 � � i P.1 C�13Z(l J. �101 1.3T ty s�` Te of SenriCe C--25 Fox •Hill Road � � Registered �" .❑insured � t ` ❑:Certif(eds °❑COD»` Ip SllrL't9S U1 MP, dO1545 •`' �® Express Meil _fo MeroFia^dis r. Alweya obtain signature of addressee�~' b or agent and DATE'DEUVERED:a, r` ,�,, . 5. Sig — dr 8.`Addressee's Address,(ONLY}f , X requested and jee"Paid) + - X F � 7. Safe of Deli PS Form 3811, Mar. 1988 * U.S.Q.P.o. 1986-212-885 DOMESTIC RETURN RECEIPT;' , r � . ' f r TOWN OF BARNSTABLE P � OFFICE OF 3IMSTMM : BOARD OF HEALTH .� rrua 367 MAIN STREET D MAY k' HYANNIS, MASS.02601 August 31, 1992 Douglas Lange Cape Cod Village Condominium Association 11 Whittier Street Cambridge, MA 02140 Dear Mr. Lange: The Board of Health voted unanimously to rescind the order to you from the Director of Public Health, Thomas McKean, dated June 22, 1992 with the following conditions: . ( 1) You or your attorney, Glenn Wood shall contact the Department of Environmental Protection to receive status update information in regards to the request for approval of the proposed mounded sand filter system within thirty (30) days of receipt of this letter. (2) The septage hauler shall take precautions necessary to prevent spillage of sewage onto the ground during pumping of the tight tanks. On June 12, 1992, puddles were observed on the ground near one of the underground "tight" tanks. Dale Saad the Town's Coastal Health Resource Coordinator, tested samples from the puddles and found there were high levels of bacteria which indicate sewage was present in the puddles. You are reminded that the presence of sanitary sewage and other polluting water on the ground is a violation of the State Environmental Code. You are also reminded that the presence of dust and sewage odors are considered as public health nuisances. Due to the continuing annoyance to the neighborhood, as reported by Thomas Mullen, DPW Superintendent, I will make a recommendation to the, other Board of Health Members to require you to pave the dirt portion of Harbor Point Road up to the tight tanks. w 1 �✓ C 1 During the Board of Health hearing held on August 25, 1992, Attorney Glenn Wood testified he would contact DEP officials in regards to the proposed mounded sand filter system. You also testified that you would continue to ensure the , dust .,and odors will be kept to a minimum. Thank you for your attention to this matter. Sincerely Yours, Susan G. Rsk Chairman BOARD OF HEALTH TOWN OF BARNSTABLE CC: Glenn Wood, Esq. CCVA Members DPW August 24, 1992 MEMO TO: CCVCA MEMBER FROM: DM LANGE RE: Board of Health H ring re The Tight Tank System Please find attached letter from Dames and Moore to Glenn Wood, our attorney, regarding the tight tanks in response to the previously forwarded letter from the Barnstable Board of Health. This letter.was presented to the Board at our hearing which was finally held on the 18th of August. The hearing, concerning the issues raised by Tom McKeon in his previously transmitted letter, went very well. The Board was very responsive to our circumstances as represented in the Dames and Moore letter. They considered the Issues raised In Mr. McKean's letter as .dosed. their concerns satisfied; Future complaints shall be recorded, so that the Board can determine if there are ten complaints from one person or one complaint from ten persons; We have a legal , permitted system; trucking dust etc.is not a legitimate Board of Health concern; They were sympathetic to our concerns about the possible reactions by the Department of Health to'breakouf of the mound system. We proposed that further discussion would be required prior to any implementation; They expressed some question as to the wisdom of going from the tight tank system to It ;� ,p. mound system. The Board has an entirely new composition. If appears to be much more professional thrthA, old Board; they were more narrowly focused on their area of authority. In passing it should be noted that Dale Sead, the 9ooid`s adence proeasonai,rAportel�tet received a call form Mrs Belmonte complimenting the Assocatiion on the effectiveness and unobtrusiveness with which the pumping operation was being conducted. Finally, the point was made that the ball is still in the states court with respect to further consideration of the mound system; the Association Is not intending to spend more money on this issue. (We also made the point that formal notices with threats of condemnation etc require us to spend large amounts of money on professionals and that a simple letter requesting investigation of a perceived problem with an eye to joint resolution would be preferable and sufficient.) Both Glenn Wood and Kelly Whalen of Dames and Moore did and excellent job; I trust that this will put the matter to rest. . t On another matter, Bob and Phyllis Yawitt have notified me that they are putting their unit, (#13, Gull Cottage) up for sale; the asking price Is$198,000. if you have an Interest, please contact the Yawitts directly. will continue to keep you Informed. Attachments L t. . CC: Glenn Wood Kelly Whalen dmlims _ C' C. r fl........... '1 • , f 4ftDAMES & MOORE RECEIVE0 AUG 1 8 1992 245 WINTER STREET, SECOND FLOOR, WALTHAM, MASSACHUSETTS 02154 (617)290-0950 FAX: (617)290-0851 18038-005-5050 August 17 , 1992_ Mr . Glenn A. Wood, Esquire McGregor and Shea.. P. C . 141 Tremont Street Suite 200 Boston, Massachusetts 02111 Re : Cape Cod Village Condominium Association Tight Tank. inspection Dear Mr . Wood : The Cape Cod Village Condominium Association (CCVCA.) requested that Dames & Moore inspect the tight tanks at its Cummaquid property in response to the Barnstable Health Department ' s June 22 , 1992 letter concerning allegations of Title V violations . Mr . George Frigon, Dames Moore '.s Director of Wastewater Services , Eastern Division, and I performed a site inspection on the morning of 14 July 1992 . Our procedure , findings , and conclusions are presented below . 1 . 0 Inspection Procedure Each tank was pumped down the afternoon before our inspection. The tanks and pump station were inspected from each accessway (two accessways per holding tank) for leakage . ir. particular, pipe entrances and tank seams were inspected for signs of leakage -The surrounding ground in the vicinity of the tanks was also inspected for signs of leakage or spills . In particular , we looked for wet spots or signs of sewage spillage . We also contacted the sewage hauler about the possibility of spillage from the hauling. operation. 2. 0 Findings We did not observe any defects in the tanks which could have contributed to the loss of sewage . Furthermore, we did not observe any signs of leaking sewage in the vicinity of the tanks . We did, however , observe dog feces in the vicinity of the tight tank and the sampling location which had the highest bacteria count . It is qui'te possible that the dog feces could be the cause of a high - bacterial count . fdl05 : ccvc . ltr OFFICE<WOREI`VAPI. DAMES & MOORE -\PROPE�SIC)N.;L LIWTED r:L\R NFFRSH ,, We located in the field the Department of -Health' s Sampling Site No . 2 (the site with the highest bacteria count) as described in the "Bacterial Examination" data sheet (12 June 1992) and attached location- map provided to us by the -Health Department: We - - - correlated the location and elevation of the sampling site to the water levels in the nearest tight tank. . It did not appear that sewage could flow from the tanks to the sampling site given that the water level in the tanks are always below that of the Sampling Site No . 2 . We noted that the tight tanks -are equipped withstand pipe connections to facilitate emptying the tanks . The use of the standpipes minimize the opportunity for spillage of wastewater . Both fecal coliform and clostridium perfringens can come from warm blooded animals and are not Necessarily of human origin. In the absence of any observation of the source of, bacteria or other direct evidence , it is presumptive to link the bacteria counts to the tight tanks. It should be noted that much of the condominium area drains to the sample site and that . the bacteria could have been washed down by stormwater runoff . A limited search of our in- house literature on stormwater runoff characteristics indicate that fecal coliform levels can be as high as 200 , 000 fc/100ml in stormwater runoff . This maximum greatly exceeds the level measured at sample site No . 2 (6 , 000 fcJ100ml) . The origin of the bacteria quite likely could have come from pets or .other animals . 3 . 0 Conclusions Our findings lead us to the conclusion that it is not possible that leakage from the tight tanks causes the high bacterial count measured by the Health Department on June 12 , 1992 . Furthermore , the tanks are operated with more care than is typical for a tight tank. The observation of high bacterial counts -on one occasion in one location does not adequately support an allegation of- a Health Department violation. We disagree that with the Health .Department ' s .allegations that the CCVCA is in violation of Title V due to the its system type and for improper operation of the tight tank. The CCVCA obtained_ the necessary approvals from the Health Department and the Massachusetts Department of Environmental Quality Engineering (June 22 , 1987 letter from R. P . Fagan, Lakeville) for the construction of the tight tanks . Also, we inspected the tanks and collection ' system in the spring of 1990 , recommended ' repairs to each component , and certified the repairs (June 4, 1990 letter to Mr . McKean) ._-Therefore , the tight tanks meet the requirements of Title V and are 'not in violation of these provisions . - _ 7 fd105 : ccvc . ltr r - DAMES &. MOORE ,PROFESSIONAL LIMITED PARTNERSHIP Dames & Moore has not been involved with the operation of the tight I tanks , however , our observations confirm that the tanks have been operated in a responsible manner. The ground around the standpipes are free of any visible sign of spillage . We see no evidence that would support the Health Department ' s claim that the tanks are not kept in proper operational condition. o 0 0 Please contact me if I can be of .any further assistance . Sincerely; DAMES & OORE, INC. Kell , 3 . Whalen Environmental Engineer cc : Mr . Douglas Lange, President., CCVCA y WGREGOR & SHEA GREGOR I. McGREGOR ATTORNEYS AT LAW, P.C. RALPH R.WILLMER JOHN F. SHEA* 141 TREMONT STREET— SUITE 200 SUSAN A. BRENT ROBERT A. FASANELLA BOSTON, MASSACHUSETTS 02111 GLENN A.WOOD Environmental Planners LOIS J. BRUINOOGE (617)338-6464 NANCY KAPLAN FAX(617) 338-0737 JAMES P. DeMARIA MICHAEL E.SCOTT CAROLYN W. BALDWIN" Of Counsel 'Admitted in ME also "Admitted in NH only July 8, 1992 CERTIFIED MAIL RETURN RECEIPT REQUESTED Thomas A. McKean Director of Public Health Health Department Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: Public Records Request, M.G.L. c.66, §10 Dear Tom: We formally request the opportunity to review all files pertaining to the Cape Cod Village Condominium Association, pursuant to the Public Records Statute, M.G.L. c.66, §10. We request the opportunity to review all Health Department files, including without limitation, all records, reports, memoranda, correspondence, notes (handwritten or otherwise) and all other documents relating to the.Association, its past and proposed on-site wastewater systems and specifically the presently installed tight tank system. With respect to the tight tank system, we require inspection of the following: -- all documentation related to alleged Title V and/or Board of Health violations of this system; -- all pertinent correspondence with any local, regional or State boards, commissions, departments, or agencies; -- all documentation to and from the. Barnstable Coastal Health Resource Coordinator; -- all correspondence, notes (handwritten or otherwise) , telephone messages and any other documents related to complaints by Cummaquid area residents related to the operation of the tight tank system; and =10 Printed on recycled paper. McGREGOR & SHEA 2 -- all other documentation produced by/or received by the Health Department related to the operation and maintenance of the tight tank system. Since we believe that none of the information requested falls within the exemptions delineated in the statute, it is anticipated that we should be able to review the entire files within the Health Department. If there are any documents deemed to be exempt, please provide us with a list of those items along with a stated reason for the exemption. We will, of course, pay for any copies made. Please contact me at 338-6464 to set up an appointment to review these files in compliance with the 10-day response period under M.G.L. c.66, §10. Thank you for your attention to this matter. Sincerely yours, jG e n A. Wood GAW: im cc: Douglas Lange, President, CCVCA 1054/prr.bbh �e © Printed on recycled paper. L �I WGREGOR & SHEA GREGOR I. McGREGOR ATTORNEYS AT LAW, P.C. RALPH R.WILLMER JOHN F.SHEA' SUSAN A. BRENT ROBERT A. FASANELLA 141 TREMONT STREET— SUITE 200 GLENN A.WOOD BOSTON, MASSACHUSETTS 02111 Environmental Planners LOIS J. BRUINOOGE (617) 338-6464 NANCY KAPLAN FAX(617) 338-0737 JAMES P. DeMARIA MICHAEL E.SCOTT CAROLYN W. BALDWIN" Of Counsel `Admitted in ME also "Admitted in NH only July 2, 1992 Thomas A. McKean Director of Public Health Health Department Town of Barnstable 367 Main Street Hyannis, MA 02061 RE: Cape Cod Village Condominium Association Dear Tom: I am in receipt of your June 22 letter to Doug Lange of the CCVCA which he received on July 1. As suggested in your letter, on behalf of the Association, I request a meeting with the Board of Health to discuss this matter. . Please contact me directly as to the date and time. As you are aware, the Association's existing tight tank system has previously been approved by both the Board of Health and DEP. The ability to install a "permanent" wastewater- disposal system is not, however, in the hands of the Association or the Board of Health as the Title V variance process remains pending before DEP. As such, there exists no requirement for the Association to again propose a sand filter treatment system or other system to the Board -- we already have. Your threat of condemnation is not taken lightly by the Association or this office. I trust that you will not seriously consider any such legally untenable effort (or fines, for that matter) but instead will work with the Association to address your concerns. In your letter, you indicate that Dale Saad apparently observed several violations. Therefore, I request any written correspondence or report prepared by Dale and additionally any other- documentation related to the alleged violations of Title V, as advanced in your June 22 letter. In the meantime, we are in good faith investigating the physical state of the tanks and will be prepared to advance any initial findings at the scheduled meeting with the Board. We are not however prepared to advance thousands of dollars to excavate and test the system area unless and until legitimate documentation is advanced which details =� Printed on recycled paper. _ i r McGREGOR & SHEA 2 operational problems with the tanks. From our investigations, we have not found any such operational concerns. We look forward to meeting with the Board to discuss this matter. Sincerely yours nn A. Wood GAW: im cc: George Crombie, .Regional Director, DEP/SERO Douglus`M.i Lange, President, CCVCA 1054\bad. ltr oB ®a Printed on recycled paper. The Town of Barnstable .J Health Department 367 Main Street, Hyannis, MA 02601 Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health June 22, 1992 Mr. Douglas Lang President of the Cape Cod Village Condominium Association 11 Whittier Street Cambridge, MA 02140 Dear Mr. Lang, You are hereby notified in your capacity as President of the Cape Cod Village Condominium Association, that properties owned by members of the Association are causing a public health nuisance. These properties were inspected by Dale Saad, Coastal Health Resource Coordinator for the Town of Barnstable on June 12, 1992 during a sanitation survey of the area as requested by Massachusetts Department of Environmental Protection officials. The following violations were observed: ( 11) Discharge to Watercourses: Sanitary sewage and other polluting water is on the ground and in the wetlands. ( 14) Type of System: Systems do not discharge their effluent to suitable subsurface sewage disposal areas. ( 19) Maintenance: Owners have not kept tight tank(s) in proper operational condition. The Cape Cod Condominium Association is directed to hire a professional engineer to test the tanks for tightness within fifteen (15) days of receipt of this letter. Results of the tank testing shall be submitted to the Health Department Office on or before the fifteenth day of receipt of this letter. If the tanks are found to be not tight, you are directed to replace or repair the tank(s) within thirty (30) days of receipt of this letter. fl o �r In addition, a permanent wastewater disposal system, such as an onsite sand filter treatment system, shall be designed and submitted to the Board of Health for approval within thirty (30) days of receipt of this letter. If no action is taken in this matter, the Board of Health will consider condemnation of the dwellings, not allowing occupancy for the summer season. You may request a hearing before the Board of Health if written petition requesting the same is received within seven (7) days after the date the order is served. Non-compliance could result in a fine up to $500.00 for each owner. Each day's failure to comply with an order shall constitute a separate violation. PER ORDER OF THE BOARD OF HEALTH r as A. McKean Director of Public Health cc: Thomas Mullen, DPW Superintendent Jane Carney 3004 South Hill Street Arlington, Virginia George Crombie, Department of Enviromental Protection . TK/jml Joffill To,o The Town of Barnstable Health Department, 367 Main Street, Hyannis, MA 02601 rNa Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health June 22, 1992 Mr. Douglas Lang President of the Cape Cod Village Condominium Association 11 Whittier Street Cambridge, MA 02140 Dear Mr. Lang, You are herebynotified in our capacity as President of the Y P Y Cape Cod Village Condominium Association, that properties owned by members of the Association are causing a public health nuisance. These properties were inspected by Dale Saad, Coastal Health Resource Coordinator for the Town of Barnstable on June 12, 1992 during a sanitation survey of the area as requested b Massachusetts Department of 9 Y P Environmental Protection officials. The following violations were observed: ( 11) Discharqe to Watercourses: Sanitary sewage and other polluting water is on the ground and in the wetlands. ( 14 ) Type of System: Systems do not discharge their effluent to suitable subsurface sewage disposal areas. ( 19) Maintenance: Owners have not kept tight tank(s) in proper operational condition. The Cape Cod Condominium Association is directed to hire a professional engineer to test the tanks for tightness within fifteen (15) days of receipt of this letter. Results of the tank testing shall be submitted to the Health Department Office on or before the fifteenth day of receipt of this letter. If the tanks are found to be not tight, you are directed to replace or repair the tank(s) within thirty (30) days of receipt of this letter. In addition, a permanent wastewater disposal system, such as an onsite sand filter treatment system, shall be designed and submitted to the Board of Health for approval within thirty (30) days of receipt of this letter. If no action is taken in this matter, the Board of Health will consider condemnation of the dwellings, not allowing occupancy for the summer season. You may request a hearing before the Board of Health if written petition requesting the same is received within seven (7) days after the date the order is served. Non-compliance could result in a fine up to $500.00 for each owner. Each day's failure to comply with an order shall constitute a separate violation. PER ORDER OF THE BOARD OF HEALTH i T as A. McKean Director of Public Health cc: Thomas Mullen, DPW Superintendent Jane Carney 3004 South Hill Street Arlington, Virginia George Crombie, Department of Enviromental Protection TK/jml J ,i '�o�terr,,4 The Town of Barnstable Health Department 367 Main Street, Hyannis, MA 02601 rua ,y �b ,679• `p �0N 1M Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health May 29, 1992 Mr. George Crombie Regional Director Southeastern Regional Office Massachusetts Department of Environmental Protection Dear Mr. Crombie, It was a pleasure to meet you and to listen to your presentation at the Barnstable County Association of Boards of Health Annual meeting held on May 27, 1992. I was happy to hear you say that you wish to work with the Towns to move projects forward. Therefore I am writing to you concerning a problem in Cummaquid. There are twenty-two (22) dwellings, located at Cape Cod .Village Condominiums off of Bone Hill Road Cummaquid, which are connected to tight tanks which must be pumped. We are approaching another season when several neighbors of the Cape Cod Village Condominiums in Cummaquid, telephone the Barnstable Health Department and complain about the septage hauler trucks and sewage odors caused by the situation. Already this year, we've received two (2) complaints due to sewage odors during several pumpings which occurred on a Sunday. Onsite sewage disposal systems cannot be designed to meet Title V, the State Environmental Code, for this site. Mr. Kelly Whalen, of Dames and Moore Engineering Co. , designed a mounded sand filter system with disinfection which was approved and variances were granted by the Barnstable Board of Health on September 18, 1989. On October 13, 1989, the Department of Environmental Protection denied the requested variances due to the assumption that the option of extending municipal sewer to the subject development has not been adequately addressed. However, Mr. Thomas Mullen, Superintendent of the Barnstable Department of Public Works wrote to Mr. O'Leary stating this strategy was discounted due to the distance of 9,700 feet to the nearest portion of the collection system, due to the anticipated scale of development likely to occur along a new sewer main not presently possible due to soil conditions in } a the area, and due to the anticipated elongated MEPA review period. The current arrangement of pumping the tight tanks approximately every other day has caused great discomfort for abutters due to the septage odors and excessive dust created by septage pumping trucks as they perform their tasks. In the end, the solution is likely to require an onsite Title V treatment installation. For these reasons and for several other discussed in previous letters to DEP, the Health Department and the Department of Public Works again urge the Department of Environmental Protection to issue the variances that would allow the installation of the proposed mounded sand filter system proceed in a timely manner. We would like to work with you and be part of a community effort to resolve this problem. I am enclosing copies of the various letters to DEP. Thank you for your attention, and I look forward to working with you. Sincerely Yours, T mas A. McKean Director of Public Health cc: Glenn Wood, Esq. Anthony Sapienza Thomas Mullen T The Town of Barnstable ?y = Health Department "`:N& i 367 Main Street, Hyannis, MA 02601 1639• `{r 0 Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health May 14, 1991 Brian Donahue, Director Division of Water Pollution Control Department of Environmental Protection One Winter Street Boston, MA 02108 RE: Cape Cod Village Condominiums Dear Mr. Donahue: We are in receipt of a copy of the May 1, 1991 letter addressed to you from Attorney Glenn A. Wood. Although the Barnstable Board of Health letter to you dated April 10, 1991 did not discuss the full outcome of the March 28, 1990 meeting, It was not intended to withold any Information from you. The request for your approval of the mounded sand filter system should continue to be considered due to the following: (1) The Town's Wastewater Facilities Plan work effort is suspended due to the State's Inaction on the Pollution Abatement Trust revolving account'. In view of the present condition of the State's financial problem it is unlikely the funding will be available within the next several months: • I question Attorney Wood's statement In the letter which reads: "... we understand that the funding Issues may be resolved shortly". Further once the funding for the project is secured an additional 30 - 36 months will be required to complete the plan of study. (2) It is very unlikely that a small wastewater treatment plant facility will be constructed In this area in the near future If ever. A 5-10 year period ! will elapse before a plant would be considered for construction there, if at all. 14.it (3) The current arrangement of pumping the tight tanks approximately every other day has caused great discomfort for abutters due to septage odors and excessive dust created by the septage pumping trucks as they perform their tasks. Mr. Brian Donahue, Director, DEP... RE: Cape Cod Village Condominiums May 14, 1991 In the end, the solution Is likely to require an onsite Title V treatment installation. For the reasons listed above, and for the several other reasons discussed in previous letters to your Division, we again urge the Department to issue the variances that would allow the installation of the proposed mounded sandfilter system proceed in a timely manner. Since yo homas J. lien Superint dent DPW Thomas A. McKean Director of Public Health TM/bcs cc: Glenn A. Wood, Esq. Anthony Sapienza i 0# The Town of Barnstable Health Department ( ""ITAM a riva i 367 Main Street, Hyannis, MA 02601 tb)0. �1■AY• Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health April 10, 1991 Brian Donahoe Department of Environmental Protection Water Pollution Control Division One Winter Street Boston MA 02108 Re: Cape Cod Village Condominiums/Proposed Onsite Sewage Disposal System Dear Mr. Donahoe: Attached is a copy of the letter dated October 25, 1990 addressed to Mr. Bryant Firmin of your department. To date, I have not received a reply. Mr. Firmin requested this letter after our discussion in September 1990 at the MA Health Officers Association meeting in Falmouth. I also telephoned and left messages for Mr. Firmin on January 2, 1991 and January 4, 1991 and have not received returned calls. We are approaching another summer when several neighbors of these condominiums telephone and complain about the septage hauler trucks and sewage odors, caused by the situation. There are twenty-two ( 22) dwellings connected to tight tanks which must be pumped. An onsite sewage disposal system cannot be designed to meet Title V, the State Environmental Code for this site. Mr. Kelly Whalen, PE of Dames and Moore Engineering designed a mounded sand filter system with disinfection which was approved and variances were granted by the Barnstable Board of Health on September 18, 1989. (see copy of Board of Health letter attachment #2 ) . On October 13, 1989, your department denied the requested variances due to the assumption that the option of extending municipal sewer to the subject development has not been adequately addressed (see letter from Cornelius O'Leary dated October 13, 1989 attachment #3 ) . However, Mr. Thomas Mullen, Superintendent of the Barnstable Department of Public Works, wrote to Mr. O'Leary stating this strategy was discounted due to several reasons in addition to the sewer moratorium, including the distance of 9,700 feet to the nearest portion of the collection system, the anticipated scale of development likely to occur along the sewer main not presently possible due to soil conditions in the area, and the anticipated elongated MEPA review period. (See copy of letter attached #4 ) . Also, the Towns Wastewater Facilities Plan was another option explored for this site and is presently at a standstill due to the States revolving account procedures. I understand your Division may be understaffed due to budget problems, however I am appalled that I have not received a reply for five ( 5) months. I again urge the Division to issue the variances that would allow the installation of the proposed sandfilter system to proceed in a timely manner. Sincerely yours TALCk. McKean Director of Public Health TM:c cc: Mrs. Belmonte TOWN OF BARNSTABLE t H E T f� OFFICE OF ! „"9T"L ': BOARD OF HEALTH � rNa A �0 1639• ��° 367 MAIN STREET ON HYANNIS, MASS.02601 October 25, 1990 Bryant Flrmin Department of Environmental Protection • Division of Water Pollution Control One Winter Street Boston, MA 02108 Re: Cape Cod Village Condominiums/Proposed On-site Sewage Disposal System Dear Mr. Firmin: The Barnstable health Department is In receipt of the letter dated October 14, 1989 from Cornelius J. O'Leary, Acting Director of your Department, concerning denial of the requests for multiple variances needed for the above referenced site. The letter Indicates that the option of extending municipal sewer to the site had not been adequately addressed. Thomas Mullen, Superintendent of the Town of ilnrnstable Department of Public Works wrote to Mr. O'Leary In a letter dated October 31, 1989 stating this strategy was discounted due to several reasons In addition to the sewer moratorium. Given the time-frame Involved and the anticipated elongated MEPA review period to review extensions of sewers to the site (a distance of approximately 9,700 feet from the nearest portion of the collection system), and due to the scale of development likely to occur along the sewer main not presently possible due to soil conditions in the area, the solution in the end is likely to require an onsite installation. 1 would therefore urge the Division to issue the variances that would allow the Installation of the proposed sand-filter system to proceed In a timely manner. Sincerely, Thomas A. Mc can Director of Public Health Town of Barnstable TM/bcs copy: Mrs. Belmonte✓ Attachment #1 �/ r - �PyoFINC ro�yo TOWN OF BARNSTABLE fq OFFICE OF DeDa9TeDLE M J1!k BOARD OF HEALTH 1639• 367 MAIN STREET 'EpMpYk� HYANNIS, MASS. 02601 September 18, 1989 Mr. Kelly Whalen, PE Project Manager Dames & Moore Engineering 46 Church Street Boston, Ma 02116 Dear Mr. Whalen: You are granted multiple variances from Title 5 of the State Environmental Code and Town Health Regulations on behalf of your clients, the Cape Cod Village Condominium Association, to replace the existing holding tanks with a mounded and sand filter treatment system at Cape Cod Village Condominiums in the village of Barnstable with the following conditions: 1) The sewage disposal system shall be installed in strict accordance to the submitted plans dated August 30, 1989, revised September 12, 1989. 2) The designing engineer must supervise the installation of the sewage disposal system and certify in writing to the Board the system was installed in strict accordance to the submitted plan. 3) The twenty-two (22) dwellings must be connected to town water. 4) The septic tanks shall be pumped annually. 5) We must continue to hold the escrow account for $3,000. in the name of the Board of Health to insure emergency repairs or pumping of the tight tanks, if necessary. 6) The septic tanks and. tight tanks must be sealed "tight„ and tested by a professional engineer. The engineer shall certify in writing to the Board of Health that the tanks were tested and found to be "water tight." 7) Ultraviolet (UV) disinfection of the wastewater shall be utilized prior to the discharge of wastewater into the mound. 8) The proposed monitoring plan outlined in the letter dated September 12, 1989 from Kelly Whalen, Project Engineer, shall be strictly adhered to. In addition, the monthly water samples collected from the sand filter/UV treatment system effluent and the shallow groundwater must be tested by a certified laboratory. 9) The proposed contingency plan outlined in the same letter dated September 12, 1989 from Kelly Whalen, Project Engineer, shall be adhered to with the exception of the Attachment #2 � 2 Mr. Kelly Whalen Re: Cape Cod Village Condominium Association September 18, 1989 replacement of the following sentence: The sentence reading "If the system fails, the Cape Cod Village Condominimum Association will remedy the substandard performance within 60 days of notice by the Board of Health or the holding tanks will be employed and the treatment/disposal system will be shut down" shall be replaced with: If the final effluent falls to meet the standards, by exceeding the agreed upon limit of 50,000 FC/ml with three (3) consecutive weekly samples, the Cape Cod Village Condominium Association will remedy the substandard performance within fifteen (15) days of receipt of the third sample result or the holding tanks will be employed and the treatment disposal system will be shut down. ** It is recommended the cottages only be occupied on a seasonal basis from April through October. It is acknowledged, however, that only Unit #22 has been rented for a number of years on a year-round basis. The variances are granted because the existing tight tanks have been known to leak and cause odor nuisances to the neighbors. Also, an onsite sewage disposal system that could meet Title 5 and Town Health Regulations cannot be installed at this location because of the impervious (clay) soils and the high groundwater table. The cesspools previously in use contaminated nearby shellfish beds and caused their closure. In addition, the Town of Barnstable Board of Commissioners of the Department of Public Works will not provide the Cape Cod Village Condominium Association with additional pumping privileges at the Town's Wastewater Treatment Plant next year because of complaints received concerning dust, pollution, noise, odors, and safety hazards of the septage hauling trucks, and the Board's understanding that the pumping of the tight tanks would occur only on a temporary basis not to exceed one (1) year until an alternative disposal system would be installed. Very truly yours, c 0. G Ann Jane Eshbau h g Acting Chairperson BOARD OF HEALTH TOWN OF BARNSTABLE AE/bs copy: Thomas Mullen, Barnstable DPW Superintendent Bryant Furman, DEP at Boston Attachment #2 , 971& 0ofnznvnwea4U Cornelius J. O'Leary �6Ch!�lO�?r 07'vQ /° C70�1t/ i Acting Director �,1. r (617) 292-5647 T/�l/�l`P�` Vb`e6, 00&OY7/, ffam. 0,9106) October 13, 1989 Ann Jane Eshbaugh Re: Cape Cod Villages Acting Chairperson Board of Health 367 Main Street Hyannis, Massachusetts 02116 Dear Ms. Eshbaugh: The Division of Water Pollution is in receipt of your letter dated September 18, 1989 conditionally granting multiple variances to Title 5 of the State Environmental Code for the above referenced project. The variances requested include: 1. 310 CMR 15. 02 (14) - Type of System 2 . 310 CMR 15. 02 (17) - Construction in Fill 3 . 310 CMR 15.02 (22) - Reserve Area 4 . 310 CMR 15.03 (6) - Required Depth of Pervious Material 5. 310 CMR 15. 06 (17) - Ground-Water 6. 310 CMR 15. 15 (4) - Construction 7. 310 CMR 15. 15 (7) - Impervious Material After careful review of all the material submitted, this office, under the jurisdiction of 310 CMR 15. 18 (1) Miscellaneous Disposal and 310 CMR 15. 20 Variances, hereby DENIES the requested variances. DEQE Norl is RT PAR TKIEN T OF TFE UT E1Vi/IRON�.9E�'�TLI�FRorEG'r10�1! Attachment #3 Orlglnal on Recycled Paper 2 . The Division is of the opinion that the option of extending municipal sewer to the subject development has not been adequately addressed. The possibility of obtaining an exemption to the existing moratorium in view of the public health implications should be considered. In addition, should on-site sewage disposal be the only alternative, the proposed system would have to be considered for approval under the Massachusetts Ground-Water discharge Permit Program (314 CMR 5. 00) . If you should have any questions regarding this matter, please contact Bryant Firmin of my staff at your convenience. tr ly ou s; Corneliu J. ea Acting Director cc: Jeff Gould, DEP, SERO Kelly Whalen, Dames & Moore, 46 Church Street, Boston, MA 02116 Attachment #3 f of THE �P•. �'o �JO CI,'?old f,Q'(,�lG� BARII9TAffi i o.C/ Q��� ��7 Q !/i�� I�T/ ► /• �V 7 MAEQ. TF0MAYk\ •�1�ta�lsrte� ✓1[irdSaa/�nJ�fr! 0260/ COMMISSIONERS: (508) 775-1120 Fit 12-1 KEVIN O'NEIL. CHAIRMAN JOHN J. ROSARIO. VICE CHAIRMAN THOMAS J. MULLEN PHILIP C. MCCARTIN 6UPERINTENDENT FLOYD SILVIA ROBERT L. O'BRIEN AsetSTANT OUPERINT[NDENT GEOROE F. WETMORE October 31, 1989 989 Mr. Cornelius J. O'Leary, Acting Director Division of Water Pollution Control Department of Environmental Protection One Winter Street Boston, MA 02108 RE: Cape Cod Village Wastewater Management Problem Dear Mr. O'Leary: This is in response to your letter of October 13, 1989, to the Board of Health regarding the possible connection of Cape Cod Village Condominium to the municipal sewer system. This strategy was discounted early in the evaluation of alternatives for several reasons in addition to the sewer moratorium mentioned in your letter. As a background, sewers were extended into the Village of Barnstable approximately ten years ago, at the time the Town' s Hyannis Wastewater Treatment Plant was upgraded. The extent of the sewering in Barnstable was limited at that time due to the concerns of the regulatory agencies (EPA,EOEA) regarding the secondary impacts of sewering the area. More recently (1987) the Town prepared a Wastewater Management Plan to make the best use of the available capacity of the treatment plant (Approximately 3 .0 mgd) to the end that the protection of existing and planned future public water supply wells. At the present time the Town is working with DEP to establish the scope of a Town-wide wastewater facilities plan that will address the wastewater management needs of the 'entire Town on a coordinated basis. This plan will take an estimated 18-24 months to complete. The sewer moratorium was put in place during this period in consultation with DWPC and MEPA. I Cape Cod village is an existing development with a problem that, in our view, can best be dealt with at the scale proposed in the submittal approved earlier by the Board of Health. The extension of sewers to the development (a distance of approximately feet from the nearest portion of the collection system) islikely7tto encourage a scale of development along the sewer main not possible presently in view of the soil conditions in the area. In view of the earlier findings Attachment #4 Cornelius J. O'Leary -2- October 31, 1989 Acting Director Cape Cod Village Div. of Water Pollution Control Wastewater Mgmt. Dept. of Environmental Protection Problem by EOEA and MEPA such an action is likely to trigger both an EIS and an EIR which means that the existing problem is likely to continue for an extended period of ,time. The planned Town-wide wastewater facilities plan will address existing problems throughout the Town and will recommend a combination of solutions that are likely to include small-scale wastewater treatment facilities and cluster septic systems in cases where those solutions are deemed appropriate. Given the time frame involved and the anticipated elongated MEPA review period, and strategy involving awaiting completion approval of the facilities plan will mean protracted delays. In the end, the solution is likely to require an onsite installation. For these reasons, therefore, we concluded that the installations of a cluster septic system would be in the best interest of the Town to deal with an existing problem with a project at a scale that 'is comparable to the problem itself. I therefore urge that the Division issue the appropriate variances that would allow this project to proceed in a timely manner. Sincer y y9 T OMAS J. MULL EN Superintendent, DPW TJM:RD:sdm CC: Thomas McKean, Health Dept. Russell Davenport, Town Engineer Jeff Gould, DEP,SERO Kelly Whalen, Dames & Moore Peter Doyle, Supervisor, WWTP Attachment #4 f 3 f P f