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HomeMy WebLinkAboutCHRISTMAS TREE SHOP - CLOSED - Health RT. 132 & 28,HYANNIS } CHRISTMAS TREE SHOP MALL I • '° �� S BABNSTABLS, o C MASK, 3 'fa MAY�' m�ua, �cco�ud `a 02601 COMMISSIONERS: (508) 775-1120 Bxi. 123 KEVIN O'NEIL, CHAIRMAN THOMAS J. MULLEN JOHN J. ROSARIO, VICE CHAIRMAN SUPERINTENDENT PHILIP C. MCCARTIN ROBERT L. O'BRIEN FLOYD SILVIA ASSISTANT SUPERINTENDENT GEORGE F. WETMORE November 14, 1988 Board of Health Town of Barnstable Hyannis, MA 02601 Dear Board Members: In your upcoming deliberations of the proposed Christmas Tree Shop installation, located at Routes 132 and 28 in Hyannis, this department would ask that you consider the following statements and that you not demand a hookup to the Town sewer system. It would be in the Town's best interest to delay the decision as to whether or not this project is allowed to increase the treatment burden at the Wastewater Treatment Plant or to be required to exist on an on-site sewage disposal system that meets all requirements of Title V as well as the Town's 380 sewage disposal rule. It is likely that the development can accommodate its needs on-site as the soils are more than likely appropriate for this function and there appears to be 15 to 20 feet of aerated soils above the water table on the site. As you are aware, the DPW is in the process of a two-year long Facilities Planning Investigation and the decision as to whether or not this or other developments should be allowed to hook up to the system is best put off until the completion of the Facilities Plan. Based on the fact that this project presents little concern in the way of hazards we feel an interim or permanent usage of a Title V system is appropriate and ask for your cooperation on this matter. Sincerely, XHO AS J MULLEN Superin endent TJM/bw y CAPE COD PLANNING AND ECONOMIC DEVELOPMENT COMMISSION . 1ST DISTRICT COURT HOUSE. BARNSTABLE. MASSACHUSETTS 02630 =- _-- TELEPHONE: 508.362-2511 March 14, 1990 Mr. John P. DeVillars, Secretary Executive Office of Environmental Affairs 100 Cambridge Street Boston, MA 02202 Attention: MEPA Unit EOEA No. 7560 Dear Secretary DeVillars: The Cape Cod Planning and Economic Development Commission (CCPEDC) has received a Supplemental Final Environmental Impact Report (SFEIR) for the proposed Christmas Tree Plaza in Barnstable, Massachusetts. The SFEIR was noticed in the Environmental Monitor on February 12, 1990. As Executive Director of the Commission, I find that the SFEIR properly identifies the impacts of the project and presents an acceptable mitigation plan. Based on CCPEDC staff review we would like to offer the following comments. TRAFFIC 1.) The project proponents and their consultants have met with CCPEDC transportation staff, the MDPW and the Town of Barnstable officials several times since their last submission (the Final EIR). Substantial progress has been made in the analysis and proposed mitigation. It properly identifies the traffic impacts of the. project. Acceptable mitigation measures have been .proposed and committed to by the proponent. 2) Access to the project should be right-turn-in/right-turn-out only, on both Route 28 and Route 132. This is the most desirable access configuration to minimize traffic conflicts and maintain safety. Driveway design and signage must be sufficient to ensure compliance. I 3) We agree with the proposed mitigation outlined in Table S-4 of the SFEIR. We feel, however, that the public interest could be better served by redirecting some of the proposed improvements to other areas. Specifically, we would recommend that the improvements to the intersections of Route 132/Airport Road ($25,000 for a right turn lane on Airport Road) and Route 28/Cape Cod Mall ($50,000 for signalization) not be done by Christmas Tree Plaza. Instead, we recommend that these monies ($75,000) be used to partially fund an analysis of long-term rotary improvements and preliminary engineering design at the rotary. 4) According to Figure S-11, signing is recommended within the rotary right-of-way "directing patrons to Route 28 access". Signage for private busineses within the state right-of- way is not desirable. We disagree with the proponent's recommendation. M r Thank you for the opportunity to review this proposal Sin erely, Armando J. Carbonell Executive Director AJC:LJH cc: Mr. Jeremy Gilmore, CCPEDC Rep. P Mr. Lucien P. Poyant, Jr., Barnstable Rep. to the Assembly of Delegates Mr. Joseph Bartell, Chairman, Barnstable Planning Board Barnstable Planning Department Mr. Thomas Mullen, Barnstable DPW Mr. Thomas McKean, Barnstable Board of Health, Mr. Rod Emery, Vollmer Associates .I I TOWN OF BARNSTABLE �pf THE T0� �vP I0 OFFICE OF !� 9T"dHLE, BOARD OF HEALTH i BAHa MAG& 367 MAIN STREET pp .i6;q ON 39 HYANNIS, MASS. 02601 December Iv, 17VU Mr. Brian Gore Poly Services, Inc. 1001 Southbridge Street Worcester, Ma 01610 Dear Mr. Gore: You are granted conditional variances from the Board of Health Regulation requiring all commercial buildings to connect to Town sewer within 3,000 feet of sewer lines and from the Board of Health Interim Regulation limiting sewage flows to 330 gallons, per acre, per day, in designated zones of contribution to public supply wells. These variances will allow you to install onsite sewage disposal systems at the Christmas Tree Shopping Mall located at Routes 132/Route 28, Hyannis, listed as parcels 2 and 8 on assessors map 311, with the following conditions: (1) The septic system must be installed in strict accordance to the submitted plan. (2) The designing engineer must be onsite and supervise construction of the onsite sewage disposal system and must certify in writing to the Board of Health that his design has been strictly adhered to prior to the issuance of a Certificate of Compliance. (3) The building must be connected to public water. (4) No high volume water users will be allowed. This includes Laundromats, dentists offices, beauty parlors, fitness centers, gymnasiums, food establishments, and other such usages as determined by the Board. (5) The following activities are not authorized at the property: A) Airplane, boat, and motor vehicle storage, service washing, and repair. B) Chemical and bacteriological laboratory operation C) Cabinet making D) Dry cleaning E) Electronic circuit assembly F) Metal plating, finishing, and polishing G) Motor and machinery service and assembly H) Painting, wood preserving, and furniture stripping 1) Pesticide and herbicide application and storage J) Photographic processing K) Printing i L) Jewelry cleaning M) Any activity involving the use of radioactive materials / Mr. Brian Gore Re: Christmas Tree Shopping Mall Routes .132.and 28, Hyannis, Ma. December 16, 1988 (6) The building must be connected to town sewer when the Board determines its availability. (7) This conditional variance expires January 1, 1990. This conditional variance is granted because the Department of Public Works Superintendent stated that the project would increase the treatment burden at the Wastewater Treatment Plant and the DPW is in the process of a two-year long Facilities Planning Investigation. Therefore, new buildings cannot be connected into the Town sewer. Also, the calculated total sewage flow will be no more than 371 gallons.per acre per day on this 9.17 acre parcel. It is the opinion of the Board that the installation of, onsite sewage disposal systems that comply with Title 5 and all other Town of Barnstable Health Regulations, will not significantly alter the quality of the groundwater in the area. Very truly your , Grover C. M. Fa sh, M.D., Chairman Board of Health Town of Barnstable GF/bs Copy: Attorney Larry Murphy TOWN OF BARNSTABLE OFFICE OF BOARD OF HEALTH 367 MAIN STREET HYANNIS, MA 02601 HEARING DECEMBER 12, 1988 Doreen Bilezikian, Trustee Route 132 Real Estate Trust, Applicant MEMORANDUM IN SUPPORT OF VARIANCE REOUEST 1. Doreen Bilezikian, Trustee, Route 132 Real Estate Trust, of 261 White's Path, South Yarmouth, Massachusetts (02664) (the "Applicant") . 1. 1 The Applicant Pp proposes for development the premises comprising 9. 1697 acres of land fronting on both Route 132 and Route 28 in the Village of Hyannis shown on a plan dated 10/12/88, as revised November 16, 1988 and November 22, 1988 (Sheets 1-2) , entitled "SUBSURFACE SEWAGE DISPOSAL PLAN" drawn by Atlantic Design Engineers, Inc. , sheets 1 and 2 (the "Plan") . At the .request. of .Mr. McKean, the Town of Barnstable Board of Health Agent, the Applicant has submitted plans by Design Services, Inc. , each dated 10/4/88 delineating the proposed location of ,buildings and the existing town sewer end lines in relation to the subject premises. The development of the premises, as generally set forth on the Plan, (the "Project") , will comprise a sixty-six thousand four hundred eighty (66,480) square foot retail dry goods store shopping plaza of which Christmas Tree Shops, Inc. , will occupy thirty-five thousand eight hundred and eighty (35, 880) square feet. The proposed use of the Project breaks down into sixty-three thousand one hundred and fifty-six (63, 156) square feet of retail dry goods space and three thousand three hundred and twenty-four (3,324) square feet of appurtenant office space. The calculations submitted to the Town of Barnstable Board of Health (the "Board") by the Applicant's design engineers indicate that the Project, as proposed, exceeds all pertinent requirements of Massachusetts Code of Regulations (310 CMR 15) . The estimated g.p.d. of effluent to be generated from the proposed use based upon current Massachusetts Code of Regulations is 371 g.p.d. per acre. a. ) The proposed system is designed as follows: i) Applicant is constructing two (2) on-site subsurface disposal systems ("System All and "System B") which, based on the Project as proposed, will result in an aggregate nitrate-nitrogen concentration of less than 5 parts per million (4 .82 parts per million) . f ii) System A is a leaching galley system comprised of 3.51D X 101W X 301L galleys designed to handle 1000 gallons per day; and, pursuant to (310 CMR 15) the maximum proposed use for this system considering the Project use would be 943 gallons per day. iii) System B is a leaching galley system comprised of 41D X 141W X 721L galleys and is designed to handle 2594 gallons per day and pursuant to (310 CMR 15) , the maximum capacity for this system considering the project use will be 2464. 1 gallons per day. iv) System A is designed 13.24 feet above the groundwater table and System B is designed 11. 69 feet above the existing groundwater table. 1.2 The Code of Massachusetts Regulations (310 CMR 15. 02) provide in pertinent part that no individual sewage disposal system or other means of sewage disposal shall be located, constructed, altered, repaired, or installed where a common sanitary sewer is accessible adjoining the property and where permission to enter such sewer can be obtained from the authority having jurisdiction over it; or, if a common sanitary sewer is not accessible, until a permit for its location, construction, alteration, repair, or installation shall have been issued by the Board of Health. 1. 3 The Applicant filed its Plan in order to obtain a disposal works construction permit for the proposed subsurface sewage disposal system to be constructed at the Project as delineated on the Plan. 1.4 The Board, pursuant to Massachusetts General Law, Chapter 111, Section 31 has adopted two regulations which may impact the Applicant's request for a disposal works construction permit as follows: a. ) Groundwater Protection Regulation, adopted September 6, 1983 ("the Groundwater Protection Regulation") , hereto attached as Exhibit "A" . b. ) Interim Regulation for the Protection of Groundwater Quality within Zones of Contribution to Public Supply Wells, adopted February 19, 1985 (the "Interim Regulation") , hereto attached as Exhibit "B". 1. 5 By virtue of the Town of Barnstable Charter, the Department of Public Works of the Town of Barnstable (the "Department") is the authority having jurisdiction over the common sanitary sewer within the Town of Barnstable. (Town of Barnstable Charter, Article XVI) . 2 { 1. 6 The Department adopted an "Interim Sewer Connection Policy April 1988, as revised May . 18, 198811, (the "Policy") a copy of which is attached hereto as Exhibit "C". I` The Department Policy provides in pertinent part, as follows: "A. Sewer System Extension Projects. Projects involving an extension to the sewer system, as it currently exists, shall be limited to those which: 1. Require approval to proceed from the Secretary of Envirnmental Affairs through the MEPA Process -and- have either been granted such approval or receive such approval of a request currently pending action by the Secretary, and the conditions, if any, placed on the approval to proceed can be accommodated, and 2. Have either been issued a DEOE and/or Town permit, or are issued a permit for an approved project which is currently pending such issuance. 3 . All other projects involving an extension to the currently existing sewer system shall be disapproved. " (emphasis supplied) . 1.7 Your Applicant refers to the plan dated 11/4/88 filed with this Board delineating the current location of the Town of Barnstable sewer mains and suggests that reference to that plan will indicate that an extension of approximately 1, 000 feet of these sewer mains would be required in order to connect the premises to the common sanitary sewer of the Town. 1.8 No application for a "sewer permit" is pending with the Secretary of Environmental Affairs for the Commonwealth of Massachusetts, the Commonwealth of Massachusetts Department of Environmental Quality Engineering, or the Department. Accordingly, the Appellant avers that she is prohibited from obtaining an extension of the Town of Barnstable sewer to the Project as a result of the Policy. 1. 9 Further, even if no extension of the sewer were required, the Policy further provides, as follows: "B. Sewer Connection Projects. Projects requiring a new connection(s) to the sewer system as it currently exists for or to extensions thereof as is described in "A" above shall be limited to those which: 3 1. Require the approval of the Secretary of Environmental Affairs and such approval has been received or, in the case of those currently f pending his action , is received and the conditions, if any, placed on the approval can be accommodated. 2. Require the issuance of a permit from DEQE, and such hermit has been issued or, in the case of those currently pending action by DEQE is issued 3 . Do not require approval of MEPA and/or DEQE or are not affected by any special conditions imposed on the system by either MEPA or DEQE and occupy property that is located in an area served by the sewer and its continued or future intended use is contingent on the owners complying with an order issued by the Board of Health. . . (Since the proposed system is to accommodate more than 2, 000 gallons per day a DEQE permit would be required; All other requests involving a new connection to the sewer system shall be disapproved. " . (emphasis supplied) . 1.10 The only other sewer line in proximity to the Project is a private, forced-main line as to which (i) the Department has indicated it will .not permit any additional connections, and (ii) the Applicant has no right of .access to said line or to use of the private pumping station .through which said main flows. Further pursuant to Section "B" of the Policy supra the Department will not permit such a connection. 2 . The Groundwater Protection Regulation requires all new commercial structures within a zone of contribution to a public supply well within 3 , 000 feet of a municipal sewer line to connect with the public sewer. 2 . 1 The Regulation indicates that the Board of Health is authorized to grant a Variance from the Regulation after Hearing, during which the Applicant proves, the following: a. ) That the installation of on-site sewerage disposal systems will not have a significant adverse effect on surface or subsurface private or public well resources. b. ) That a strict interpretation of the regulation would do manifest injustice to the Applicant, and c. ) That the same degree of environmental protection required by the regulation can be achieved by other means. 4 2.2 The express purpose of the foregoing regulation is to "avoid high density housing which can, over time, cause serious deterioration of ambient groundwater by nitrate contamination" . The regulation further states that calculations performed by Cape Cod Planning and Economic Development Commission indicate that housing units placed on one acre parcels will produce the maximum recommended planning limit of five parts per million nitrate- nitrogen in groundwater (emphasis supplied) . 2.2 . 1 With respect to the specific requirements for Variance from the Groundwater Protection Regulation, the Applicant avers as follows: a. The denial --of the Applicant's request would result in manifest injustice to Applicant. (i) the Department of Public Works, as a result of a mandate imposed by the Department of Environmental Quality Engineering and the Secretary of Environmental Affairs, has adopted the Policy which will not permit the Applicant to extend and connect to the Town of Barnstable sewer, (ii) the Applicant is deprived of any economic use of this prime commercial property if the Board does not see fit. to allow this Variance request and permit the on-site disposal system substantially as proposed by the Applicant. (iii) The Policy of the Department was developed as a result of an alleged incapacity of the Town Wastewater Treatment Plant to accommodate additional sewage and not due to any condition arising as a result of Applicants proposed Project. b. ) The installation of an on-site sewerage disposal system at the Project, will not have a significant adverse effect on surface or subsurface, public or private resources and will result in the same degrees of environment Protection as would result if Applicant were to connect to the Town sewer. i) all areas within one mile of the subject premises, and the subject premises itself, are served by public water supply mains, ii) the project is located at the southern periphery of the "Zone of Contribution" in which the Project is located, iii) the topography of the project flows in a southerly 5 direction away from the public supply wells for which the zones of contribution were established, iv) the nitrate-nitrogen calculations pertaining to the Project indicate a resultant nitrate-nitrogen discharge of 4.82 parts per million (ppm) , less than the 5 mg./l. maximum prescribed by the Cape Cod Planning and Economic Development Commission cited in the Regulation, v) the proposed leaching galley systems will be considerablyabove the groundwater g d ater table, vi) both systems are designed to handle a capacity in excess of that prescribed in (310 CMR 15. 02) , vii) the Department Policy indicates that the Town of Barnstable Waste Water Treatment Fa cility on Bearse s Way in Hyannis is incapable of handling additional sewerage. Groundwater studies conducted for the Town have indicated that a plume has developed and is extending in a general southerly direction from the Waste Water Treatment Facility. The on-site system as proposed by the Applicant is over- designed and considerably above suggested minimum ground water limitations so as to produce a minimal impact on the groundwater and the general environment. 3 . Next, the Appellant refers to the Interim Regulation and admits that the Project lies within Zone 3 on the map entitled "Town of Barnstable Public Supply Wells Zone of Contribution" dated February 19, 1985. 3 . 1 However, for the following reasons the Applicant feels that the Interim Regulation should not prohibit the Project. a. ) The purpose clause of the regulation indicates that the "regulations are temporary and will be in effect only until the Town adopts a groundwater and water resource protection program" . The Applicant avers that pursuant to Town Meeting held November 7, 1987, the Town amended Chapter III, Article III of its Zoning By-Laws by inserting therein "Section 3- 5.2 Groundwater Protection Overlay Districts" and at the same meeting amended Chapter III of its General By-Laws b Y Y adding at the end thereof, a ' new Article entitled "Regulation of Wastewater Discharge". The latter By-Law provides in pertinent part, Section 3, Standards 3-1 that the maximum allowable wastewater discharge within a zone of contribution should not exceed 380 gallons per acre per day. It would seem that the adoption of the Amendment to the Town Zoning By-Law and the Amendment to the General By-Laws of 6 the Town fulfill the express purpose for the adoption of the Interim Regulation thus obviating the Interim Regulation. b. ) The design engineer's nitrate-nitrogen calculations pertaining to the Project as shown on the Plan indicate a concentration of 4.82 parts per million, which amount is less than the maximum allowable discharge the 5 mg./1. prescribed in Section "A" of the Interim Regulation. The Regulation indicates that discharge shall be limited to 330 gallons per day "unless" the applicant demonstrates that the said concentration will not exceed 5 mg./1. . 3 .2 Accordingly, on the basis of the foregoing factors, the Applicant believes -that- no -request for Variance from the Interim Regulation is necessary. 3 . 3 If the Board deems that a Variance is necessary, Ithe Applicant must demonstrate, as follows: a. ) Connection to Town sewer is not available. b. ) Enforcement of the regulation would do manifest in justice; and further, that the installation of on-site sewerage disposal system would not have a significant adverse effect on surface or sub-surface public or private water resources. c. ) In its deliberations the Board shall consider direction of ground water flow, population, density, soil conditions, depth to ground water, size, shape and slope of the Lot, existing and known future water supplies. 3 . 3 . 1 With respect to the specific requirements for Variance from the Interim Regulation, the Applicant avers, as follows: a. ) A town sewer connection is not obtainable (see 111.5" through "1. 10", supra) . b. ) Enforcement of the regulation would do manifest injustice to the Applicant for the following reasons: (i) the Department of Public Works, as a result of a mandate imposed by the Department of Environmental Quality Engineering and the Secretary of Environmental Affairs, has adopted the Policy which will not permit the Applicant to extend and connect to the Town of Barnstable sewer, (ii) the Applicant is deprived of any economic use of this prime commercial property if the Board does not see fit to allow this Variance request and permit the on-site disposal system substantially as proposed by the Applicant. 7 The Policy of the Department was developed as a result of an alleged incapacity of the Town Wastewater Treatment Plan to accommodate additional sewage and not tl due to any condition arising as a result of Applicants proposed Project. c. ) Considering the factors suggested for review by the Board, installation of the proposed on-site subsurface disposal system will not have a significant adverse effect on existing or known future on surface or subsurface public or private water resources. -- . i)_ all areas within one mile of the subject� premises, and the subject premises itself, are served by public water supply mains; ii) the project is located at the southern periphery of the "Zone of Contribution" in which the Project is located; iii) the topography of the project flows in a southerly direction awayfrom the public supply wells P PP Y for which the zones of contribution n are established; iv) - the nitrate-nitrogen calculations pertaining to the Project indicate a resultant nitrate-nitrogen discharge of 4 . 82 parts per million, less than the 5 mg./1. maximum prescribed b the P y Cape Cod Planning and Economic Development Commission cited in the Regulation, v) the proposed septic systems will be considerably above the groundwater table, vi) both system$:: are designed to handle a capacity in excess of that prescribed in (310 CMR 15. 02) , vii) the Department Policy indicates that the Town of Barnstable Waste Water Treatment Facility on Bearse's Way in Hyannis is incapable of handling additional sewerage. Groundwater studies conducted for the Town have indicated that a plume has developed and is extending in a general southerly direction from the Waste Water Treatment Facility. The on-site system as proposed by the Applicant is over- designed so as to produce a minimal impact on the groundwater and the general environment and avoid increases the load on the existing municipal facility unless and until it is designed and improved to accept the effluent discharged from the Project. 8 4. Based on the foregoing facts and documentation, it is the Applicant's request that the Board determine as follows: a 4. 1 That the facts and documentation contained in this memorandum and pertaining to the Project are sufficient to allow the Board to approve the request for Variance from the Gr oundwater r Protection Regulation pursuant to the Plan referred to in 1.1 of this Memorandum and said Variance is so granted for construction of the subsurface disposal system for the Project as shown on the Plan. 4.2 That on the basis of the facts and documentation contained in this Memorandum and pertaining to the Project the Applicant - - - does -not need a-- Variance from the Interim Regulation since it has expired. 4 .3 That on the basis of the facts and documentation contained in this Memorandum and pertaining to the Project the Applicant does not need a Variance from the Interim Regulation since the concentration of nitrate-nitrogen in groundwater resulting from the Project will not exceed 5 mg./l. as prescribed in the Regulation. 4 .4 That the facts and documentation contained in this memorandum and pertaining to the Project are sufficient to approve the request for Variance from the Interim Regulation pursuant to the Plan referred to in 1. 1 of this Memorandum and said Variance is so granted for construction of the subsurface disposal system for the Project as shown on the Plan. 4 . 5 That upon submission of properly engineered plans substantially in the form of the design set forth on the Plan and stamped by a Registered Professional Engineer, the appropriate filing of the application and upon payment of the prescribed fee the Board will issue a disposal works construction permit for the Project pursuant to the Plan so as to permit construction of the disposal system delineated on the Plan. Respectfully Submitted, D reen ilezikian By Her Attorney, Henry L. Murphy, Jr syml\hlm\12-12-88 No. 7 9 beca {• eL=ecclve Sepcemotr O, 170.1, TOWN OF ARNSTA6LE OFTHET oy OFFICE OF BOARD OF HEALTH yo y6 9• e� 367 MAIN STREET 0 3 ` a I,-c}' 02601 HY ANNis. MA SS. GROUND WATER PROTECTION The Board of Health,. Town of Barnstable, Massachusetts, in accordance with, and und er the authority granted by Section 31, of Chapter ter 111, of the General • of Massachusetts, hereby adopted the following rules Laws of the Commonwealth - and regulations after a public hearing at a meeting of the Board held on Septem ber 6, 1983. -- PURPOSE: The protection of ground water in the Town of Barnstable - -- --- .-- -..--- The ground resources of the Town of Barnstable are its sole source of water supply. It is now known and demonstrable that public supply wells draw water from a substantial land area. It is known from experience that high density housing can over time cause serious deterioration of ambient groundwater by nitrate contamination. It has been proven that nitrate contamination in drinking water can be a •serious public health problem. Co minis- 'c De velopment ment mi Planning and Economic P e Cod P1III ons performed by. Cap g C alculati P Sion indicate that housin units placed on one acre parcels will produce the maximum recommended anng limit o,#_•�p2m. nitrate-nitrogen in ground Min water. Proposed subdivisions within 3,000 feet of a municipal sewer line shall connect all building lots in the subdivision to the Town sewer if any lots ' in the subdivision are less than one acre and are .located within a zone of contribution to a public supply well. Zones of contribution will. be determined by the Board of Health. ings within a zone of contribution to a public All new multi-family dwell supply well within 3000 feet of a municipal sewer line shall connect to the public sewer. All new commercial structures within a zone of contribution to a public supply well within 3000 feet of a municipal sewer line shall connect to public sewer. Outside of the Zones of Contribution to Public Supply Wells, any new construc- tion on lots of less than 1 acre that are within 3000 feet of a sewer line shall be considered for mandatory connection to said line if the Board of `n Health determines that onsite sewage disposal systems will contribute to the degradation of the water quality of private wells, lakes; ponds or coastal embayments. 1 r- VARIANCES to the regulation may be granted by the Board of Health after a hearing • during which the applicant proves that the installation of onsite sewage disposal systems will not have a significant adverse affect on surface or subsurface public or private water resources. The Board in granting variances will consider if strict interpretation of this regulation would do manifest injustice to the applicant; however, the applicant must demonstrate that the same degree of environmental protection required by this regulation can be achieved by other means. i platiopis tA take effect on the .date of publication of this notice. R ert L. Childs, hairm Ann Jane- augh77, H% F.• Inge, BOARD OF HEALTH' TOWN OF BARNSTABLE APPROVED AS'TO TOM Asst. Town Counsel r{ f= PATRIOT �' •+ o�TN£ro n � fJ •• TOWN OF BARNSTABLE y. 14,2 Ii . OFFICE OF 'AA"3T1= BOARD OF HEALTH y Y/it 0 . �o 1659. �e`a 367 MAIN STREET" �0 YAY�• HYANNIS, MASS.OZ601 LEGAL NOTICE I FOR THE PROTECTION OF THE GROUNDWATER QUALITY • WITHIN ZONES OF CONTRIBUTION TO PUBLIC SUPPLY WELLS The Board of Health, Town of Barnstable, Massachusetts, in accordance with and under the au- thority granted by Section 31, of Chapter 111, of the General Laws of the Commonwealth of Massachusetts, hereby adopted the following rules and regulations after a public hearing at a meeting of the Board held on February 19, 1985: PURPOSE The initial findings of a townwide hydrogeologic investigation indicate that a substantial portion- of the Town's water supply may be in jeopardy from the long term build-up of nitrate-nitrogen, '? primarily from the subsurface discharge of sewage effluent. It has been proven that nitrate contamination in drinking water can be a serious public health problem. Based on these findings, three of the nine zones of contribution to public*supply wells are considered to be "at risk" zones requiring. immediate measures to mitigate the adverse impacts to the groundwater from such discharges. These regulations are temporary and will be in effect only until the Town adopts a ground water and.water resource protection program. RESTRICTIONS No permit for the construction of an individual sewage disposal system shall be granted within the zones of contribution to public supply wells identified as zones 1, 2, and 3 n a map entitled, A "Town of Barnstable, Public Supply Wells Zone of Contribution, dated Fe�ruar 19, 1985 and .,. Y <? prepared by SEA Consultants, Inc., Boston, Ma., which map is on file with the Board of Health, unless the following standards are met: A. The maximum allowable discharge of sanitary sewage shall not exceed 330 gallons per acre per day unless the applicant demonstrates that the total concentration of nitrate-nitrogen' in -the groundwater resulting from -the proposed- use will not exceed 5 mg./I. This determi- nation shall .consider the total predicted concentration of nitrate-nitrogen at the down gradient property line of the lot upon which the proposed use is to be located. B. Nothing in this regulation shall prohibit the approval by the Board of Health of any appli- cation involving the maintenance, repair or alteration of an existing individual sewage , disposal system, providing that said application does not involve a change of use as defined by existing Board of Health regulations. Where a change of use is involved, the applicant :4 must demonstrate compliance with this regulation. Variance to this regulation may be granted by the Board of.,.Uealth only if the applicant can demonstrate that: 1. Connection to Town sewer is not available; and 2. That enforcement thereof would do. manifest injustice; however, the applicant must prove that the installation of on-site sewage disposal systems will not have a significant adverse effect on surface or sub-surface public or private water resources. :-..�»., •. . =;iv:1'hhttvl•-Kr.tivLA't'!UN (Continued) In granting variances, the Board shall take into consideration the direction of the ground water r flow, population density, soil conditions, depth to ground water, size, shape and slope of the Iot, existing and known future water supplies and other information deemed pertinent. Thi re lation is to take fect on the date of publication of this notice. bert L. C ds, C ai rn Ann Jae shbaug h APPF_ A T Fo8„x- -_ -- rover . 7 rarr , BOARD-OF HEALTH Town Coy, sel TOWN OF BARNSTABLE , ' TOWN OF BARNSTABLE INTERIM SEWER CONNECTION POLICY APRIL I988 AS REVISED MAY 18, 1988 Whereas the Secretary of Environmental Affairs has ordered that the Town of Barnstable prepare an Environmental Impact Report (EIR) under the provisions of the Massachusetts Environmental Policy Act (MEPA) before the Town proceeds to implement the recommendations of the 1987 Wastewater Management Plan and _ whereas .that order prohibits the increase in volume of sewage to be treated at the Wastewater Treatment facility (WWTF) and whereas the effectiveness of the nitrification/denitrification process currently employed by the WWTF will be substantially reduced,. if not destroyed, with any appreciable increase in volume of sewage, the following Interim Sewer Connection Policy is established by the Barnstable Department of Public Works. A. Sewer System Extension Projects_ Projects involving an extension to the sewer system, as it currently exists, shall be limited to those which: I_ Require approval to proceed from P the Secretary of Environmental Affairs through the MEPA process and have either been granted such approval or receive approval of a request currently pending action by the Secretary, and the conditions, if any, placed on the approval to proceed can be accommodated, and 2. Have either been issued a DEQE and/or Town permit or are issued a permit for an approved project which is currently pending such A--'i'• issuance. All other projects involving an extension to the currently existing sewer system ;.; shall be disapproved. - 2 - B. Sewer Connection Projects. Projects requiring a new connections) to the sewer system as it currently exists or to extensions thereof as is described in "A" above shall be limited to those which: 1. Require the approval of the Secretary of Environmencal Affairs and such approval has been received or, in the case of those currently pending his action, is received and the conditions, if any, placed on the approval can be accommodated_ 2. Require the issuance of a.permit from DEQE, and such permit has been issued or, in the case of those currently pending action by DEQE, is issued.. 3. •Do not require approval of MEPA and/or DEQE or are not effected by any special conditions imposed on the system by either MEPA or DEQE and occupy property that is Iocated in an area served by the sewer and its continued or future intended use is contingent s on the owners complying with an order issued by the Board of Health to connect to the.sewer or, in the case of properties located in Area.5 (Southeast Hyannis), are specifically authorized to connect to the sewer in order to provide a volume of wastewater flow sufficient to ensure proper operation of the system. All other requests involving a new connection ta-the sewer system shall be disapproved. C., Increased Sewage Discharge_ Projects involving a change in use of a property, either connected to the sewer or located in an area served by the existing - 3 - sewer system requiring connection as a condition of approval by the Board of Health, which will result in a volume of wastewater beyond reasonable limits (25 percent) of the higher of either that being discharged under the current use or that which could be expected under current zoning shall not be allowed. j I� D. Water Conservation Measures. In addition to any conditions imposed by either. the Secretary of Environmental Affairs or DEQE, Town level approval of projects shall be conditioned on the use of water saving devices. The y only exception to this requirement shall pertain to existing residential structures which are under or come under order of the Board of Health to connect to the sewer system as outlined in "B-3_" above. However, owners of structures in this category shall be encouraged to install such devices. It must be recognized that beyond the present constraints applied by way of j the MEPA EIR process, a finite capacity to dispose of sewage effluent from the Wastewater Treatment plant exists and that the probability of accommodating sewage volume• in.excess of that stated in the Town's Draft Groundwater Discharge Permit (4.2 mgd) is unlikely. A significant increase in the sand filter bed area or the inclusion of another form of effluent disposal is required in order to expand the plant's capacity. Given this constraint, and a far more sophisticated understanding of the need to protect the Town's public water supply and to eliminate threats to the public health caused by failing on-site systems, the sewer service area tailed for in the 1987 Wastewater Management Plan is significantly reduced from that which was envisioned in a predecessor plan developed in 1971. The attached "Wastewater Flow Allocations" chart shows the Plan's projected assignment of the .WWTF's maximum allowed capacity. The development of a town-wide Sewer Facilities Plan is about to begin under the;-direction of the Massachusetts DEQE. Among the more, critical issues which . � _ 4 _ it will address are the effluent disposal limitations described above groundwater contamination potential at the. WWTF. and the attendant • The Plan may provide the answers • to expanding- the faciIity's capacity; however, it could also place furl on Its use_ Although her restrictions i; gh the probability of this occurring is not know y g n at this time owners should be aware of this Property possibility and should not assume that sewer dischar e perm pon the its will be issued at will u g completion of the EIR or the Facilities pin. Furthermore, notwithstanding the Plan's determination regardingthe WW allowable TF s maximumvement capacity, is the likelihood that significant impros expected to- be called for in the PIan will have to be implemented before it is authorized beyond the volume of sewage currently being treated. to go much w JOB_�'(Qq (xt S rC-) NAtlantic (508) 888-9282 SHEET NO. OF Z DESIGN ENGINEERS,INC. P.O.Box 1051 •Sandwich,MA02563 CALCULATED BY _ TCRAQUE DATE CHECKED BY w ,4 DATE SCALE M l,E tvGTA e�v� t .7'rS��o - 1�SS -3,5'DX��O1W�C _'_�..`�_t. C�il_P� S F7 ? 'Q= �X k�3�5' 1-0 z'� 0 �4 or00-C 1.. j i !1ap - �l. � 1 � � � i � I I (• E ( ' - i j JOB cfic4 CxHpaZD - 3 Atlantic (508) 8889282 SHEET NO. OF DESIGN ENGINEERS,INC. P.O.Box 1051 •Sandwich,MA 02563 CALCULATED BY C ©�� DATE CHECKED BY _T/ I DATE i SCALE PT Z ILQ, I ; I -AE Ysr 41 r A)Atlantic JOB(508) 888-9282 SHEET NO. pp 2 DESIGN ENGINEERS,INC. P.O.Box 1051 •Sandwich,MA 02563 CALCULATED BY TCRAauE DATE CHECKED BY w DATE SCALE kivl tr,kL i e—CAE-- pp�A� —r-- --- ------- -! ------- — —� _�— _ L too - I • � � � � i I � i j i I i - j J i t i j I + ' I i I , 1 _ ""'�* 3 -ri •�, .v� _ ■ - - JOB DAtiantic _(508) 888-9282 SHEET NO. — 2 OF DESIGN ENGINEERS,INC. P.O.Box 1051 •Sandwich,MA 02563 CALCULATED BY ��Pa'��A�� DATE u CHECKED BY DATE f s x ,SC 47. � z?�i t.« sc� �� _•+' �"�. ,�a�y -.x�.- �x K�� r*v� �� ,��"'-" �� 4l_, r e -.,,. � -�.� ��. •w+.�' .i..:.�.s hi.' R...� .�'k� 1Prs, •,+•.p� "..;�y..,h'�; •.�.�.v .syT. - �� .4 t=-".,... �. _ ,s 1 --- -' eo1TON e , 1 _Z_x' ► .G. �.' -- --- ,25y-u- _AL ------------- 1 1 ! i 1 1 s A) Alantic (508) 888-9282 • FAX 888-5859 DESIGN ENGINEERS, INC. P.O, Box 1051 • Sandwich, Massachusetts 02563 December 2, 1988 Mr. Thomas A. McKean Director of Public Health Board of Health Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: Proposed Sewage Disposal System Christmas Tree Shop ADE Job No. 664.0 Dear Mr. McKean: We have revised the septic system plans for the proposed Christmas Tree Shopping Mall to a leaching galley system. These revisions are a result of our meeting of Friday, November 18, 1988. We hope these changes prove satisfactory and if there are any questions or comments regarding this, please do not hesitate to contact me. Very truly yours, ATLzIgTIC DESIGN ENGINEERS, INC. 4tty� Carol A. Paone Project Engineer CAP/nin Faunce Corner Office Park 221 E. Main St., Suite 205 86 Faunce Corner Rd. • Suite 410 Engineers, Surveyors'& Planners Milford, MA 01757 N. Dartmouth, MA 02747 "'J,508) 478-2206 • FAX 478-0327 (508) 997-5422 • FAX 999-4060 TOWN OF BARNSTABLE OFFICE OF BOARD OF HEALTH 367 MAIN STREET HYANNIS, MA 02601 Doreen Bilezikian, Trustee Route 132 Real Estate Trust, Applicant MEMORANDUM IN SUPPORT OF VARIANCE REQUEST 1. Doreen Bilezikian, Trustee, Route 132 Real Estate Trust, of 261 White's Path, South Yarmouth, Massachusetts (02664) (the "Applicant") . 1. 1 The Applicant proposes for development the premises comprising 9.16 acres of land fronting on both Route 132 and Route 28 in the Village of Hyannis shown on a plan dated 10/12/88, as revised, entitled "SUBSURFACE SEWAGE DISPOSAL PLAN" drawn by Atlantic Design Engineers, Inc. , sheets 1 and 2 (the "Plan") . At the request of Mr. McKean, the Town of Barnstable Board of Health Agent, the Applicant has submitted plans by Design Services, Inc. , each dated 10/4/88 delineating the proposed location of buildings and the existing town sewer end lines in relation to the subject premises. The development of the premises, as generally set forth on the Plan, (the "Project") , will comprise a sixty-six thousand four hundred ti eighty (66,480) square foot retail dry goods store shopping plaza of which Christmas Tree . Shops, Inc. , will occupy thirty-five thousand eight hundred and eighty (35, 880) square feet. The proposed use of the Project breaks down into sixty-three thousand one hundred and fifty-six (63, 156) square feet of retail dry goods space and three thousand and twenty-four (3,024) square feet of appurtanent office space. The calculations submitted to the Town of Barnstable Board of Health (the "Board") by the Applicant' s design engineers indicate that the Project, as proposed, exceeds all pertinent requirements of Massachusetts Code of Regulations (310 CMR 15) . a. ) The proposed system is designed as follows: i) Applicant is constructing two (2) on-site disposal systems ("System All and "System B!') which, based on the Project as proposed, will result in an aggregate nitrate-nitrogen concentration of less than 5 parts per million (4 .82 parts per million) . ii) System A has .a 1,500 gallon tank and two (2) 12 ' X 12 ' pits and is designed to handle 1470.26 gallons per day; and, pursuant to (310 CMR 15) the maximum proposed r z use for this system considering the Project use would be 943 gallons per day or 64% of capacity. iii) System B has a 4, 000 gallon tank with three (3) 141X 14 ' pits and is designed to handle 3001.8 gallons per day; and pursuant to (310 CMR 15) , the maximum capacity for this system considering the project use will be 2464. 1 gallons per day or 82% of design capacity. iv) System A is designed 11. 2 feet above the groundwater table and System B is designed 8. 9 feet above the existing groundwater table. 1. 2 The Code of Massachusetts Regulations (310 CMR 15 . 02) provide in pertinent part that no individual sewage disposal system or other means of sewage disposal shall be located, constructed, altered, repaired, or installed where a common sanitary sewer is accessible adjoining the property and where permission to enter such sewer can be obtained from the authority having jurisdiction over it; or, if a common sanitary sewer is not accessible, until a permit for its location, construction, alteration, repair, or installation shall have been issued by the Board of Health. 1. 3 The Applicant .filed its Plan in order to obtain a disposal works construction permit for the proposed subsurface sewage disposal system to be constructed at the Project as delineated on the Plan. 1.4 The Board, pursuant to Massachusetts General Law, Chapter 111, Section 31 has adopted two regulations which may impact the Applicant's request for a disposal works construction permit as follows: a. ) Groundwater Protection Regulation, adopted September 6, 1983 ("the Groundwater Protection Regulation") , hereto attached as Exhibit "A" . b. ) Interim Regulation for the Protection of Groundwater Quality within Zones of Contribution to Public Supply Wells, adopted February 19, 1985 (the "Interim Regulation") , hereto attached as Exhibit "B" . 1.5 By virtue of the Town of Barnstable-Charter, the Department of Public Works of the Town of Barnstable s(the ".Department") is the authority having jurisdiction over the common sanitary sewer within the Town of Barnstable. (Town of Barnstable Charter, Article XVI) . 1. 6 The Department adopted an "Interim Sewer Connection Policy 2 i April 1988, as revised May 18, 198811, (the "Policy") a copy of which is attached hereto as Exhibit "C". The Department Policy provides in pertinent part, as follows: "A. _Sewer System Extension Projects. Projects involving an extension to the sewer system, as it currently exists, shall be limited to those which: 1. Require approval to proceed from the Secretary of Environmental Affairs through the MEPA Process and have either been granted such approval or receive such approval of a request currently pending action by the Secretary, and the conditions, if any, placed on the approval to proceed can be accommodated, and 2 . Have either been issued a DEOE and/or Town permit. or are issued a permit for an approved project which is currently pending such issuance. 3 . All other projects involving an extension to -the, -currently existing sewer system shall be disapproved. " (emphasis supplied) . 1. 7 Your Applicant .refers to the plan dated 11/4/88 filed with -this Board delineating the current location of the Town of Barnstable sewer mains and suggests that reference to that*'plan will indicate that an extension of approximately l, 000 feet of these sewer mains would be required in order to connect the premises to the common sanitary sewer of the Town. 1. 8 No application for a "sewer permit" is pending with the Secretary of Environmental Affairs for the Commonwealth of Massachusetts, the Commonwealth of Massachusetts Department of Environmental Quality Engineering, or the Department. Accordingly, the Appellant avers that she is prohibited from obtaining an extension of the Town of Barnstable sewer to the Project as a result of the Policy. 1. 9 Further, even if no extension of the sewer were required, the Policy further provides, as follows: "B. Sewer Connection Protects. Projects requiring a new connection(s) to the sewer system as it currently exists for or to extensions thereof as is described in "A" above shall be limited to those which: 3 h .. I y 1. Require the approval of the Secretary of Environmental Affairs and such approval has been received or, in the case of those currently pending his action , is received and the conditions, if any, placed on the approval can be accommodated. 2. Require the issuance of a permit from DEQE, and such permit has been issued or, in the case of those currently pending action by DEQE, is issued 3 . Do not require approval of MEPA and/or DEQE or are not affected by any special conditions imposed on the . system by either MEPA or DEQE and occupy property that is located in an area served by the sewer and its continued or future intended use is contingent on the owners complying with an order issued by the Board of Health. . . (Since the proposed system is to accommodate more than 2, 000 gallons per day a DEQE permit would be required; All other requests involving a new connection to the sewer system shall be disapproved. " (emphasis supplied) . 1. 10 The only other sewer line in proximity to the Project is a private, forced-main line as to which (i) the Department has indicated it will not permit any additional connections, and (ii) the Applicant has no right of access to said line or to use of the private pumping station through which said main flows. Further pursuant to Section "B" of the Policy , supra the Department will not permit such a connection. 2 . The Groundwater Protection Regulation requires all new commercial structures within a zone of contribution to a public supply well within 3 , 000 feet of a municipal sewer line to connect with the public sewer. 2 . 1 The Regulation indicates that the Board of Health is authorized to grant a Variance from the Regulation after Hearing, during which the Applicant proves, the following: a. ) That the installation of on-site sewerage disposal systems will not have a significant adverse effect on surface or subsurface private or public well resources. b. ) That a strict interpretation of the regulation would do manifest injustice to the Applicant, and c. ) That the same degree of environmental protection required by the regulation can be achieved by other means. 4 I� r s 2.2 The express purpose of the foregoing regulation is to "avoid high density housing which can, over time, cause serious deterioration of ambient groundwater by nitrate contamination" . The regulation further states that calculations performed by Cape Cod Planning and Economic Development Commission indicate that housing units placed on one acre parcels will produce the maximum recommended planning limit of five parts per million nitrate nitrogen in groundwater (emphasis supplied) . 2 .2 . 1 With respect to the specific requirements for Variance from the Groundwater Protection Regulation, the Applicant avers as follows: a. ) The installation of an on-site sewerage disposal system at the Project, will not have a significant adverse effect on surface or subsurface, public or private resources and will result in the same degrees of environment protection as would result if Applicant were to connect to the Town sewer. (i) the Department of Public Works, as a result of a mandate imposed by the Department of Environmental Quality Engineering and the Secretary of Environmental Affairs, has adopted the Policy which will not permit the Applicant to extend and connect to the Town of .Barnstable sewer, (ii) the Applicant is deprived of any economic use of this prime commercial property if the Board does not see fit to allow this Variance request and permit the on-site disposal system substantially ,as proposed by the Applicant. (iii) The Policy of the Department was developed as a result of an alleged incapacity of the Town Wastewater Treatment Plan to accommodate additional sewage and not due to any- condition arising as a result of Applicants proposed Project. b. ) The denial of the Applicant's request would result in manifest injustice to Applicant. i) all areas within one mile of the subject premises, and the subject premises itself, are served by public water supply mains, ii) the project is located at the southern periphery of the "Zone of Contribution" in which the Project is located, iii) the topography of the project flows in a southerly direction away from the public supply wells for which the zones of contribution were established, 5 r iv) the nitrate-nitrogen calculations pertaining to the Project indicate a resultant nitrate-nitrogen discharge of 4 .82 parts per million (ppm) , less than the 5 mg./1. maximum prescribed by the Cape Cod Planning and Economic Development Commission cited in the Regulation, v) the proposed septic systems will be considerably above the groundwater table, vi) both systems are designed to handle a capacity in excess of that prescribed in (310 CMR 15. 02) , vii) the Department Policy indicates that the Town of Barnstable Waste Water Treatment Facility on Bearse's Way in Hyannis is incapable of handling additional sewerage. Groundwater studies conducted for the Town have indicated that a plume has developed and is extending in a general southerly direction. from the Waste Water Treatment Facility. The on-site system as proposed by the Applicant is over- designed so as to produce a minimal impact on the groundwater and the general environment. 3 . Next, the Appellant refers to the Interim Regulation and admits that the Project lies within Zone 3 on the map entitled "Town of Barnstable Public Supply Wells Zone of Contribution" dated February 19, 1985. 3 . 1 However, for the- following reasons the Applicant feels that the Interim Regulation should not prohibit the Project. a. ) The purpose clause of the regulation indicates that the "regulations are temporary and will be in effect only until the Town adopts a groundwater and water resource protection program" . The Applicant avers that pursuant to Town Meeting held November 7, 1987, the Town amended Chapter .III, Article III of its Zoning By-Laws by inserting therein "Section 3- 5.2 Groundwater Protection Overlay Districts" and at the same meeting amended Chapter III of its General By-Laws by adding at the end thereof, a new Article entitled "Regulation of Wastewater Discharge" . The latter By-Law provides in pertinent part, Section 3, Standards 3-1 that the maximum allowable wastewater discharge within a zone of contribution should not exceed 380 gallons per acre per day. It would seem that the adoption of the 'Amendment to the Town Zoning By-Law and the Amendment to the General By-Laws of the Town fulfill the express purpose for the adoption of the Interim Regulation thus obviating the Interim Regulation. 6 r b. ) The design engineer's nitrate-nitrogen calculations pertaining to the Project as shown on the Plan indicate a concentration of 4.82 parts per million, which .amount is ' less than the maximum allowable discharge of sanitary sewerage required in Section "A" of the Interim Regulation. 3 .2 Accordingly, on the basis of the foregoing factors, the Applicant believes that no request for Variance from the Interim Regulation is necessary. 3 . 3 If the Board deems that a Variance is necessary, the Applicant must demonstrate, as follows: a. ) Connection to Town sewer is not available. b. ) Enforcement of the regulation would do manifest in justice; and further, that the installation of on-site sewerage disposal system would not have a _significant adverse effect on surface or sub-surface public or P private water resources. c. ) In its deliberations the Board shall consider direction of ground water flow, population, density, soil conditions, depth to. ground water, size, shape and slope of the Lot, existing and known future water supplies. 3 . 3 . 1 With respect .. to the specific requirements for Variance from the Interim Regulation, the Applicant avers, as follows: a. ) A town . sewer connection is not obtainable (see through "l. lo", supra) . b. ) Enforcement of the regulation would do manifest injustice to the Applicant for the following reasons: (i) the Department of Public Works, as a result of a mandate imposed by the Department of Environmental Quality Engineering and the Secretary of Environmental Affairs, has adopted the Policy which will not permit the Applicant to extend and connect to the Town of Barnstable sewer, (ii) the Applicant is deprived of any economic use of this prime commercial property if the Board does not see fit to allow this Variance request and permit the on-site disposal system substantially as proposed by the Applicant. (iii) The Policy of the Department was developed as a result of an alleged incapacity of the Town Wastewater Treatment Plan to accommodate additional sewage and not due to any condition arising as a result of Applicants proposed Project. 7 f c. ) Considering the factos suggested for review by the Board installation of the proposed on site system will have :q a significant adverse effect on existing or known future on surface or subsurface public or private water resourses. i) all areas within one mile of the subject premises, and the subject premises itself, are served by public water supply mains; ii) the project is located at the southern periphery of the "Zone of Contribution" in which the Project is located; iii) the topography of the project flows in a southerly direction away from the public supply wells for which the zones of contribution are established; iv) the nitrate-nitrogen calculations pertaining to the Project indicate a resultant nitrate-nitrogen discharge of 4.82 parts per million, less than the 5 ppm maximum prescribed by the Cape Cod Planning and Economic Development Commission cited in the Regulation, v) the proposed septic systems will . be considerably above the groundwater table, vi) both systems are designed to handle a capacity in excess of.. that prescribed in (310 CMR 15. 02) , vii) the Department Policy indicates that the Town of Barnstable Waste Water Treatment Facility on Bearse's Way in Hyannis is incapable. of handling additional sewerage. Groundwater studies conducted for the Town have indicated that a plume has developed and is extending in a general southerly direction from the Waste Water Treatment Facility. The on-site system as proposed by the Applicant is over- designed so as to produce a minimal impact on the groundwater and the general environment and avoid increases the load on the existing municipal facility unless and until it is designed and improved to accept the effluent discharged from the Project. 4 . Based on the foregoing facts and documentation, it is the Applicant's request that the Board determine"as follows: 4 . 1 That the facts and documentation contained in this memorandum and pertaining to the Project are sufficient to allow the Board to approve the request for Variance from the Groundwater Protection Regulation pursuant to the Plan referred 8 to in 1. 1 of this Memorandum and said Variance is so granted for construction of the subsurface disposal system for the Project as shown on the Plan. 4. 2 That on the basis of the facts and documentation contained in this Memorandum and pertaining to the Project the Applicant does not need a Variance from the Interim Regulation since it has expired. 4.3 That on the basis of the facts and documentation contained in this Memorandum and pertaining to the Project since the concentration of nitrate-nitrogen in groundwater resulting from the Project will not exceed 5 mg./l. as prescribed in the Regulation. 4 .4 That the facts and documentation contained in this memorandum and pertaining to the Project are sufficient approve the request for Variance from the Interim Regulationto pursuant to the Plan referred to in 1.1 of this Memorandum and said Variance is so granted for construction of the subsurface disposal system for the Project as shown on the Plan. 4 . 5 That upon submission of properly engineered plans substantially in the form of the design set forth on the Plan and stamped by a Registered Professional Engineer, the appropriate filing of the application and upon ibed e p payment of the prescribed fee the Board will issue a disposal works construction permit for the Project pursuant to the Plan so as to permit construction of the disposal system delineated on the Plan. Respe fully ubmitted, D e B lezikian By Her A torney, Henry L. Murphy, r. syml\hlm\11-15-88 No. 5 9 't i DC�:�+-.r CLic�.LiVC JC�LC1uUCt O, 17UJ, ullCL UClll6 PUU11a11UU ill L11C 111C Dal"11b LaUlC YGLrlOC ?� P�FTMET0 TOWN OF BARNSTABLE ^� � OFFICE OF BAIU TAM SS. rsc BOARD OF HEALTH �o ie19. e o V �� 367 MAIN STREET HYANNIS, MASS.onoi GROUND WATER PROTECTION The Board of Health, Town of Barnstable, Massachusetts, in accordance with, and under the authority granted by Section 31, of Chapter 111, of the General Laws of the Commonwealth of Massachusetts, hereby adopted the following rules and regulations after a public hearing at a meeting of the Board held on Septem- ber 6, 1983. PURPOSE: The protection of ground water in the Town of Barnstable The ground resources of the Town of Barnstable are its sole source of water supply. It is now known and demonstrable that public supply wells draw water from a substantial land area. It is known from experience that high density f housing can over time cause serious_deterioration of ambient groundwater 'by nitrate contamination.. It has been proven that nitrate contamination in drinking water can be a serious public health problem. . Calculations performed by Cape Cod Planning and Economic Development Commis- sion indicate that housing units placed on one acre parcels will produce the maximum recommended planning limit off.ppm, nitrate-nitrogen in ground water. Proposed subdivisions within 3,000 feet of a municipal sewer line shall connect all building lots in the subdivision to the Town sewer if any lots in the subdivision are less than one acre and are .located within a zone of contribution to a public supply well. Zones of contribution will be determined by the Board of Health. All new multi-family dwellings within a zone of contribution to a public supply well within 3000 feet of a municipal sewer line shall connect to the public sewer. All new commercial structures within a zone of contribution to a public supply well within 3000 feet of a municipal sewer ine shall connect to public sewer. Outside of the Zones of Contribution to Public Supply Wells, any new construc- tion on lots of less than 1 acre that are within 3000 feet of a sewer line shall be considered for mandatory connection to said line if the Board of Health determines that onsite sewage disposal systems will contribute to the degradation of the water quality of private wells} lakes,� ponds or coastal embayments. VARIANCES to the regulation may be granted by the Board of Health af ter a hearin during which the applicant proves that the installation of onsite sewage disposal systems will not have a significant adverse affect on surface or subsurface public or private water resources. The Board in granting variances will consider if strict interpretation of this regulation would do manifest injustice to the applicant; however, the applicant must demonstrate that the same degree of environmental protection required by this regulation can be achieved by other means. i gulatio is t take effect on the date of publication of this notice. Reeert L. /Childs, hairm a J(,LS� C� Ann Ja y augh H! F. Inge, M.�,D. BOARD OF HEALTH' TOWN OF BARNSTABLE APPROVED AS To FORM Asst. Town Counsel y , _ � �•'i�`'�"-' PATRIOT • • TNe E/ TOWN OF BARNSTABL c r , 1 .. � S OFFICE OF 3e n7]TJ.HL """ BOARD OF HEALTH 00 %bJq. \� �a y�Y►' 367 MAIN STREET - HYANNIS. MASS. 02601 _ LEGAL NOTICE I FOR THE PROTECTION OF THE GROUNDWATER QUALITY WITHIN ZONES OF CONTRIBUTION TO PUBLIC SUPPLY WELLS The Board of Health, Town of Barnstable, Massachusetts, in accordance with and under the au- thority granted by Section 31, of Chapter 111, of the General Laws of the Commonwealth of Massachusetts, hereby 'adopted the following rules and regulations after a public hearing at a meeting of the Board held on February 19, 1985: PURPOSE The initial findings of a townwide hydrogeologic investigation indicate that a substantial portion_ of the Town's water. supply may be in jeopardy from the long term build-up of nitrate-nitrogen, primarily from the subsurface discharge of sewage effluent. It has been proven that nitrate :i contamination in drinking water can be a serious public health problem. Based on these findings, three of the nine zones of contribution to public supply wells are considered to be "at risk" zones requiring. immediate measures to mitigate the adverse impacts to the groundwater from such discharges. These regulations ,are temporary and will be in effect only until the Town adopts a ground water and water resource protection program. RESTRICTIONS No permit for the construction of an individual the zones of contribution to publiithin c supply wells identif identified as zones e disposal y1,t2,nand�a3l n a mapeenritled, "Town of Barnstable, Public Supply Wells Zone of Contribution, dated Fe uan m 1985,entitled, and prepared by SEA Consultants, Inc., Boston, Ma.; which map is on file with the Board of Health, unless the following standards are met: A. The maximum allowable discharge of sanitary sewage shall not exceed 330 gallons per acre per day unless the applicant demonstrates that the total concentration of nitrate-nitrogen' in -the groundwater resulting from the proposed' use will not exceed 5 mg./l. This determi- nation. shall .consider the total predicted concentration of nitrate-nitrogen at the down gradient property line of the lot upon which the proposed use is to be located. B. Nothing in this regulation shall prohibit the approval by the Board of Health of any appli- cation involving. the maintenance, repair or alteration of an existing individual sewage disposal system, providing that said application does not involve a change of_use as defined by existing Board of Health regulations. Where a change of use is involved, the applicant must demonstrate compliance with this regulation. Variance to this regulation may be granted by the Board of Health only if the applicant can demonstrate that: - I. Connection to Town sewer is not available; and 2. That enforceme nt thereof would do manifest injustice; however, the applicant that the ins � scant mu installation of on-site PP must prove . sewage disposal systems will not have a significant adverse effect on surface or sub-surface public or private water resources. ri + 1N F'tt�FM. tCbti u Lfi'F FUN (Continued) In granting variances, the Board shall take into consideration the direction of the ground water ; flow, population density, soil conditions, depth to ground water, size, shape and slope of the Iot, existing and known future water supplies and other information deemed pertinent. t. 4jJa tion is to take fect on the date of publication of this notice. ds, C ai rn shbaugh APPF A T FO& rover arr sI BOARD OF HEALTH Town Cou. se! k` TOWN OF BARNSTABLE TOWN OF BARNSTABLE INTERI14 SEWER CONNECTION POLICY APRIL 1988 'E AS REVISED MAY 18, 1988 Whereas the Secretary of Environmental Affairs has ordered that the Town of Barnstable prepare an Environmental Impact Report (EIR) under the provisions of the Massachusetts Environmental Policy Act (MEPA) before the Town roc to implement the recommendations of the 1987 Wastewater Management P proceeds whereas that order prohibits the increase Plan and p in volume of sewage to be treated at the _ Wastewater Treatment facility (WWTF) and whereas the effectiveness of t nitrification/denitrification process currentlyhe employed b y the WWTF will be substantially reduced, if not destroyed, with any appreciable increa se in volume of sewage, the following Interim Sewer Connection Policy is established by the Barnstable Department of Public Works. A. Sewer System Extension Projects. Projects involving an extension to the sewer system, as it currently exists, shall be limited to those which: I. Require approval to proceed from the Secretary of Environmen tal Affairs through the MEPA process and have either been granted such approval or receive a II pproval of a request currently pending action by the Secretary, and the conditions, if any, placed on the approval to proceed can be accommodated, and Z. Have either been issued a DEQE and/or Town permit or are issued a permit for an approved project which is currently pending such issuance. All other projects involving an extension to the currently existing sewer system 11 shall be disapproved. L - 2 - B. Sewer Connection Projects. Projects requiring a new connection(s) to the sewer system as it currently exists or to extensions thereof as is described in "A" above shall be limited to those which: 1. Require the approval of the Secretary of Environmental Affairs and such approval has been received or, in the case of those currently pending his action, is received and the conditions, if any, placed on the approval can be accommodated. 2. Require the issuance of a . permit from DEQE, and such permit ` has been issued or, in the case of those currently_ y pending action by DEQE, is issued. 3. -Do not require approval of MEPA and/or DEQE or are not effected by any special conditions imposed on the system by either MEPA 51. or DEQE and occupy property that is located in an area served r" by the sewer and its continued or future intended use is contingent on the owners complying with an order issued by the Board of Health to connect to the sewer .or, in the case of properties located in Area S (Southeast Hyannis), are specifically authorized to connect to the sewer in order to provide a volume of wastewater flow sufficient to ensure proper operation of the system. 3 All other requests involving a new connection to the sewer system shall be disapproved. C.' Increased Sewage DischazAe. Projects involving a change in use of a property, either connected to the sewer or located in an area served by the existing - 3 - sewer system requiring connection as a condition of approval by the Board Of Health, which will result in a volume of wastewater beyond reasonable limits (25 percent) of the higher of either that being discharged under the current use or that which could be expected under current zoning shall not be allowed. D. Water Conservation Measures. In addition to any conditions imposed by either the Secretary of Environmental Affairs or DEQE, Town level approval of projects shall be conditioned on the use of water saving devices. The only exception to this requirement shall pertain to existing residential structures which are under or come under.order of the Board of Health to connect to the sewer system as outlined in "B.3." above. However, owners of structures in this category shall be encouraged to install such devices. It must be recognized that beyond the present constraints applied by way of the MEPA EIR process, a finite capacity to dispose of sewage effluent from the Wastewater Treatment plant exists and that the probability of accommodating sewage volume in excess of that stated in the Town's Draft Groundwater Discharge Permit (4.2 mgd) is unlikely. A significant increase in the sand filter bed area or the inclusion of another form of effluent disposal is required in order to expand the plant's capacity. Given this constraint, and afar more sophisticated understanding of the need to protect the Town's public water supply and to eliminate threats to the public health caused y. by failing on-site systems, the sewer service area called for in the 1987 Wastewater Management Plan is significantly reduced from that which was envisioned in a predecessor plan developed in 1971. The attached "Wastewater Flow Allocations" chart shows the Plan's projected assignment of the WWTF's maximum allowed capacity. The development of a town-wide Sewer Facilities Plan is about to begin under the ,direction of the Massachusetts DEQE. Among the more, critical issues which - 4 - it wiIl.address are the effluent disposal limitations described a groundwater contamination potential at the Why hove and the attendant TF. The PIan may provide the answers CO expanding the facility's capacity; however, it could also - ;` on its use place further restrictions Althou h the probability of this Occurringis not known . �. g p y owners should at this time, property be aware of this possibility and should not assume that permits will be issued at will u at sewer discharge Pon the completion of the EIR or the Facilities Plan. Furthermore, notwithstanding the pIan's determination allowable capacity. regarding the WWTF's maximum pacity, is the likelihood that significant improvements expected to called for in the Plan will have to be implemented bef°re i be beyond the volume of sews a cu t is authorized to go much g rrently being treated. a II 4)AHantic Letter of Transmittal , DESIGN ENGINEERS,INC. P.O.Box,1051 •Sandwich,MA 02563 ENGINEERS,SURVEYORS, PLANNERS 617-888-9282 To Thomas McLean Board of Health Date 12/06/88 We are sending you Project No. 664.0 s IN Enclosed ❑ Under separate cover Project Christmas Tree Shop } via r ❑ Direct from printer ❑ Taxi p L Messenger ❑ Other the following items Shop Original • ❑ Prints ❑ Sepias ❑ Tracings ❑ Reports ❑ Drawings ❑ Drawings y ❑ Mylar ❑ Linen ❑ Specifications ❑ Samples )tR Other ,., Description 1 Letter 1- 6 Sets Revised Septic Plans (Sheets 1 & 2) 1 Disposal Works Construction Permit Application a. 6 Sets Revised Septic Calcs ❑ For your information ❑ Final Plans ❑ Resubmit copies for approval ❑ Unchecked ❑ Returned for corrections .❑ Return corrected prints ❑ Preliminary ❑ For your review and comment ❑ Submit copies for distribution ❑ .Revised ❑ For your approval/signature _• Remarks � t i Signed Carol Paone Copy to. If enclosures are not as noted,please contact us immediately. TOWN OF BARNSTABLE OFFICE OF Y BOARD OF HEALTH 367 MAIN STREET HYANNIS, MA 02601 Doreen Bilezikian, Trustee Route 132 Real Estate Trust; Applicant MEMORANDUM IN SUPPORT OF VARIANCE REQUEST 1. Doreen Bilezikian, Trustee, Route 132 Real Estate Trust, of 261 White's Path, South Yarmouth, Massachusetts (02664) (the "Applicant") . 1. 1 The Applicant proposes for development the premises comprising 9 . 16 acres of land fronting on both Route 132 and Route 28 in the Village of Hyannis shown on a plan dated 10/12/88, as revised, entitled "SUBSURFACE SEWAGE DISPOSAL PLAN" drawn by Atlantic Design Engineers, Inc. , sheets 1 and 2 (the "Plan") . At the request of Mr. McKean, the Town of Barnstable Board of Health Agent, the Applicant has submitted plans by Design Services, Inc. , each dated 10/4/88 delineating the proposed location of buildings and the existing town sewer end lines in relation to the subject premises. The development of the premises, as generally set forth on the Plan, (the "Project") , will comprise a sixty-six thousand four hundred eighty (66, 480) square foot retail dry goods store shopping plaza of which Christmas Tree Shops, Inc. , will occupy thirty-five thousand eight hundred and eighty (35, 880) square feet. The proposed use of the Project breaks down into sixty-three thousand one hundred and fifty-six (63, 156) square feet of retail dry goods space and three thousand and twenty-four (3, 024) square feet of appurtanent office space. The calculations submitted to the Town of Barnstable Board of Health (the "Board") by the Applicant' s design engineers indicate that the Project, as proposed, exceeds all pertinent requirements of Massachusetts Code of Regulations (310 CMR 15) . a. ) The proposed system is designed as follows: i) Applicant is constructing two (2) on-site disposal systems ("System All and "System B") which, based on the Project as proposed, will result in an aggregate nitrate-nitrogen concentration of less than 5 parts per million (4.82 parts per million) . ii) System A has a 1,500 gallon tank and two (2) 12 ' X 12 ' pits and is designed to handle 1470.26 gallons per, day; and, pursuant to (310 CMR 15) the maximum proposed use for this system considering the Project use would be 943 gallons per day or 64% of capacity. iii) System B has a 4, 000 gallon tank with three (3) 141X 14 ' pits and is designed to handle 3001.8 gallons per day; and pursuant to (310 CMR 15) , the maximum capacity for this system considering the project use will be 2464. 1 gallons per day or 82% of design capacity. iv) System A is designed 11. 2 feet above the groundwater table and System B is designed 8.9 feet above the existing groundwater table. 1.2 The Code of Massachusetts Regulations (310 CMR 15. 02) provide in pertinent part that no individual sewage disposal system or other means of sewage disposal shall be located, constructed, altered, repaired, or installed where a common sanitary sewer is accessible adjoining the property and where permission to enter such sewer can be obtained from the authority having jurisdiction over it; or, if a common sanitary sewer is not accessible, until a permit for its location, construction, alteration, repair, or installation shall have been issued by the Board of Health. 1. 3 The Applicant .filed its Plan in order to obtain a disposal works construction permit for the proposed subsurface sewage disposal system to be constructed at the Project as delineated on the Plan. 1.4 The Board, pursuant to Massachusetts General Law, Chapter 111, Section 31 has adopted two regulations which may impact the Applicant's request for a disposal works construction permit as follows: a. ) Groundwater Protection Regulation, adopted September 6, 1983 ("the Groundwater Protection Regulation") , hereto attached as Exhibit "A". b. ) Interim Regulation for the Protection of Groundwater Quality within Zones of Contribution to Public Supply Wells, adopted February 19, 1985 (the "Interim Regulation") , hereto attached as Exhibit "B" . ' 1.5 By virtue of the Town of Barnstable-Charter, the Department of Public Works of the Town of Barnstable r(the "Department") is the authority having jurisdiction over the common sanitary sewer within the Town of Barnstable. (Town of Barnstable Charter, Article XVI) . 1. 6 The Department adopted an "Interim Sewer Connection Policy 2 April 1988, as revised May 18, 1988", (the "Policy") a copy of which is attached hereto as Exhibit "C". The Department Policy provides in pertinent part, as follows: "A. Sewer System Extension Projects. Projects involving an extension to the sewer system, as it currently exists, shall be limited to those which: 1. Require approval to proceed from the Secretary of Environmental Affairs through the MEPA Process and have either been granted such approval or receive such approval of a request currently pending action by the Secretary, and the conditions, if any, placed on the approval to proceed can be accommodated, and 2. Have either been issued a DEOE ands Town permit, or are issued- a permit for an approved protect which is currently pending such issuance. 3 . All other projects involving an extension to the. currently existing sewer system shall be disapproved. " (emphasis supplied) . 1.7 Your Applicant refers to the plan dated 11/4/88 filed with -this Board delineating the current location of the Town of Barnstable sewer mains and suggests that reference to that plan will indicate that an extension of approximately 1, 000 feet of these sewer mains would be required in order to connect the premises to the common sanitary sewer of the Town. 1.8 No application for a "sewer permit" is pending with the Secretary of Environmental Affairs for the Commonwealth of Massachusetts, the Commonwealth of Massachusetts Department of Environmental Quality Engineering, or the Department. Accordingly, the Appellant avers that she is prohibited from obtaining an extension of the Town of Barnstable sewer to the Project as a result of the Policy. 1.9 Further, even if no extension of the sewer were required, the Policy further provides, as follows: "B. Sewer Connection Projects. Projects requiring a new connection(s) to the sewer system as it currently exists for or to extensions thereof as is described in "A" above shall be limited to those which: 3 1. Require the approval of the Secretary of Environmental Affairs and such amproval has been received or, in the case of those currently a pending his action , is received and the conditions, if any, placed on the approval can be accommodated. 2. Require the issuance of a permit from DEQE, and such hermit has been issued or, in the case of those currently pending action by DEOE, is issued. 3 . Do not require approval of MEPA and/or DEQE or are not affected by any special conditions imposed on the system by either MEPA or DEQE and occupy property that is located in an area served. by the sewer and its continued or future intended use is contingent on the owners complying with an order issued by the Board of Health. . . (Since the proposed system is to accommodate more than 2 , 000 gallons per day a DEQE permit would be required; All other requests involving a new connection to the sewer system shall be disapproved. " (emphasis supplied) . 1. 10 , The only other sewer line in proximity to the Project is a private, forced-main line as to which (i) the Department has indicated it will not permit any additional connections, and (ii) the Applicant has no right of access to said line or to use of the private pumping station through which said main flows. Further pursuant to Section "B" of the Policy supra the Department will not permit such a connection. 2 . The Groundwater Protection Regulation requires all new commercial structures within a zone of contribution to a public supply well within 3 ,000 feet of a municipal sewer line to connect with the public sewer. 2 . 1 The Regulation indicates that the Board of Health is authorized to grant a Variance from the Regulation after Hearing, during which the Applicant proves, the following: a. ) That the installation of on-site sewerage disposal systems will not have a significant adverse effect on surface or subsurface private or public well resources. b. ) That a strict interpretation of the regulation would do manifest injustice to the Applicant, and c. ) That the same degree of environmental Protection required by the regulation can be achieved by other means. 4 2 .2 The express purpose of the foregoing regulation is to "avoid high density housing which can, over time, cause serious deterioration of ambient groundwater by nitrate contamination" . The regulation further states that calculations performed by Cape Cod Planning and Economic Development Commission indicate that housing units placed on one acre parcels will produce the maximum recommended planning limit of five harts per million nitrate nitrogen in groundwater (emphasis supplied) . 2 .2 . 1 With respect to the specific requirements for Variance from the Groundwater Protection Regulation, the Applicant avers as follows: a. ) The installation of an on-site sewerage disposal system at the Project, will not have a significant adverse effect on surface or subsurface, public or private resources and will result in the _same degrees of environment protection as j would result if Applicant were to connect to the Town sewer. (i) the Department of Public Works, as a result of a mandate imposed by the Department of Environmental Quality Engineering and the Secretary of Environmental Affairs, has adopted the Policy which will not permit the Applicant to extend and connect to the Town of Barnstable sewer, (ii) the Applicant is deprived of any economic use of this prime commercial property if the Board does not see fit to allow this Variance request and permit the on-site disposal system substantially as proposed by the Applicant. (iii) The Policy of the Department was developed as a result of an alleged incapacity of the Town Wastewater Treatment Plan to accommodate additional sewage and not due to any condition arising as a result of Applicants proposed Project. b. ) The denial of the Applicant's request would result in manifest injustice to Applicant. i) all areas within one mile of the subject premises, and the subject premises itself, are served by public water supply mains, v ii) the project is located at the southern periphery of the "Zone of Contribution" in which the Project is located, iii) the topography of the project flows in a southerly direction away from the public supply wells for which the zones of contribution were established, 5 I iv) the nitrate-nitrogen. calculations pertaining to the Project indicate a resultant nitrate-nitrogen discharge of 4.82 parts per million (ppm) , less than the 5 mg./J. maximum prescribed by the Cape Cod Planning and Economic Development Commission cited in the Regulation, v) the proposed septic systems will be considerably above the groundwater table, vi) both systems are designed to handle a capacity in excess of that prescribed in (310 CMR 15. 02) , vii) the Department Policy indicates that the Town of Barnstable Waste Water Treatment Facility on Bearse's Way in Hyannis is incapable of handling additional sewerage. Groundwater studies conducted for the Town have indicated that a plume has developed and is extending in a general southerly direction from the Waste Water Treatment Facility. The on-site system as proposed by the Applicant is over- designed so as to produce a minimal impact on the groundwater and the general environment. 3 . Next, the Appellant refers to the Interim Regulation and admits that the Project lies within Zone 3 on the map entitled "Town of Barnstable Public Supply Wells Zone of Contribution" dated February 19, 1985. ' 3 . 1 However, for the following reasons the Applicant feels that the Interim Regulation should not prohibit the Project. a. ) The purpose clause of the regulation indicates that the "regulations are temporary and will be in effect only until the Town adopts . a groundwater and water resource protection program" . The Applicant avers that pursuant to Town Meeting held November 7, 1987, the Town amended Chapter III, Article III of its Zoning By-Laws by inserting therein "Section 3- 5. 2 Groundwater Protection Overlay Districts" and at the same meeting amended Chapter III of its General By-Laws by adding at the end thereof, a new Article entitled "Regulation of Wastewater Discharge" . The latter By-Law provides in pertinent part, Section 3, Standards 3-1 that the maximum allowable wastewater discharge within a zone of contribution should not exceed 380 gallons Per acre per day. It would seem that the adoption of the 'Amendment to the Town Zoning By-Law and the Amendment to the General By-Laws of the Town fulfill the express purpose for the adoption of the Interim Regulation thus obviating the Interim Regulation. 6 b. ) The design engineer's nitrate-nitrogen calculations pertaining to the Project as shown on the Plan indicate a concentration of 4.82 parts per million, which .amount is less than the maximum allowable discharge of sanitary sewerage required in Section "A" of the Interim Regulation. s 3 .2 Accordingly, on the basis of the foregoing factors, the Applicant believes that no request for Variance from the Interim Regulation is necessary. 3 . 3 If the Board deems that a Variance is necessary, the Applicant must demonstrate, as follows: a. ) Connection to Town sewer is not available. b. ) Enforcement of the regulation would do manifest in Justice; and further, that the installation of on-site sewerage disposal system would not have a significant adverse effect on surface or sub-surface public or private water resources. c. ) In its deliberations the Board shall consider direction of ground water flow, population, density, soil conditions, depth to ground water, size, shape and slope of the Lot, existing and known future water supplies. 3 . 3 . 1 . With respect to the specific re from the Interim Regulation, the Applicant avers, as follows: ts for iance a. ) A town . sewer connection is not obtainable (see 111.5" through "l.lo", supra) . b. ) Enforcement of the regulation would do manifest injustice to the Applicant for the following reasons: (i) the Department of Public Works, as a result of a mandate imposed by the Department of Environmental Quality Engineering and the Secretary of Environmental Affairs, has adopted the Policy which will not permit the Applicant to extend and connect to the Town of Barnstable sewer, (ii) the Applicant is deprived of any economic use of this prime commercial property if the Board does not see fit to allow this Variance request and permit the on-site disposal system substantially as proposed by the Applicant. (iii) The Policy of the Department was developed as a result of an alleged incapacity of the Town Wastewater Treatment Plan to accommodate additional sewage and not due to any condition arising as a result of Applicants proposed Project. 7 c. ) Considering the factos suggested for review by the Board installation of the proposed on site system will have a significant adverse effect on existing or known future on surface or subsurface public or private water resourses. f i) all areas within one mile of the subject premises, and the subject premises itself, are served by public water supply mains; ii) the project is located at the southern periphery of the "Zone of Contribution" in which the Project is located; iii) the topography of the project flows in a southerly direction away from the public supply wells for which the zones of contribution are established; iv) the nitrate-nitrogen calculations pertaining to the Project indicate a resultant nitrate-nitrogen discharge of 4 .82 parts per million, less than the 5 ppm maximum prescribed by the Cape Cod Planning and Economic Development Commission cited in the Regulation, v) the proposed septic systems will be considerably above the groundwater table, vi) both systems are designed to handle a capacity in excess of.. that prescribed in (310 CMR 15. 02) , vii) the Department Policy indicates that the Town of Barnstable Waste Water Treatment Facility on Bearse's Way in Hyannis is incapable. of handling additional sewerage.. Groundwater studies conducted for the Town have indicated that a plume has developed and is extending in a general southerly direction from the Waste Water Treatment Facility. The on-site system as proposed by the Applicant is over- designed so as to produce a minimal impact on the groundwater and the general environment and avoid increases the load on the existing municipal facility unless and until it is designed and improved to accept the effluent discharged from the Project. is 4 . Based on the foregoing facts and documentation, it is the Applicant's request that the Board determine"as follows: 4. 1 That the facts and documentation contained in this memorandum and pertaining to the Project are sufficient to allow the Board to approve the request for Variance from the Groundwater Protection Regulation pursuant to the Plan referred 8 . to in 1. 1 of this Memorandum and said Variance is so granted for ;construction of the subsurface disposal system for the shown on the Plan. Project as 4. 2 That on the basis of the facts and documentation contained in this Memorandum and pertaining to the Project the Applicant does not need a Variance from the Interim Regulation since it has expired. 4. 3 That on the basis of the facts and documentation contained in this Memorandum and pertaining to the Project since the concentration of nitrate-nitrogen in groundwater resulting from the Project will not exceed 5 mg./1, as prescribed in the Regulation. 4.4 That the facts and documentation contained in this memorandum and pertaining to the Project are sufficient to approve the request for Variance from the Interim Regulation pursuant to the Plan referred to in 1.1 of this Memorandum and said Variance is so granted for construction of the subsurface disposal system for the Project as shown on the Plan. 4 . 5 That upon submission of substantially in the form of the design r set forth operly nonn the ePlanland stamped by a Registered Professional Engineer, the appropriate filing of the application and upon payment .of the prescribe the Board will issue a disposal works construction permit ford the Project pursuant to the Plan so as to permit construction of the disposal system delineated on the Plan. Respe fully ubmitted, D e B ezikian By Her A torney, Henry L. Murphy, r. syml\hlm\11-15-88 No. 5 9 I I DC�:a.�i Ci1Ct::.1VC Jt�LC1IIUt1 O, 17UJ, G.LLCL u1=lll6 PUUllaliCu ILI L11C 11IC rilLrIUL THETp� TOWN OFBA NSTABLE OFFICE OF eA)U BOARD OF HEALTH � clotX. �0 1639. !� 0 WAY►.� 367 MAIN STREET HYANNIS, MASS. o26ot i GROUND WATER PROTECTION The Board of Health, Town of Barnstable, Massachusetts, in accordance with, and under the authority granted by Section 31, of Chapter 111, of the General Laws of the Commonwealth of Massachusetts, hereby adopted the following rules and regulations after a public hearing at a meeting of the Board held on Septem- ber 6, 1983. PURPOSE: The protection of ground water in the Town of Barnstable The ground resources of the Town of Barnstable are its sole source of water supply. It is now known and demonstrable that public supply wells draw water t from a substantial land area. It is known from experience that high density housing can over time cause serious deterioration of ambient group water by nitrate contamination.. It has been proven that nitrate contamination in drinking water can be a serious public health problem. Calculations performed by Cape Cod Planning and Economic Development Commis- sion indicate that housing units Placed on one acre parcels will produce the maximum recommended planning limit off m. nitrate-nitrogen in ground- water. Proposed subdivisions within 3,000 feet of a municipal sewer line shall connect all building lots in the subdivision to the Town sewer if any lots in the subdivision are less than one acre and are .located within a zone of contribution to a public supply well. Zones of contribution will be determined by the Board of Health. All new multi-family dwellings within a zone of contribution to a public supply well within 3000 feet of a municipal sewer line shall connect to the public sewer. All new commercial structures within a zone of contribution to a public supply well within 3000 feet of .a municipal sewer ine shall connect to public sewer. Outside of the Zones of Contribution to Public Supply Wells, any new construc- tion on lots of less than 1 acre that are within 3000 feet of a sewer line shall be considered for mandatory connection to said line if the Board of Health determines that onsite sewage disposal systems will contribute to the degradation of the water quality of private wells lakes,: ponds or coastal embayments. VARIANCES to the regulation may be granted by the Board of Health after a hearing during which the applicant proves that the installation of onsite sewage disposal systems will not have a significant adverse affect on surface or subsurface public or private water resources. The Board in granting variances will consider if strict interpretation of this regulation would do manifest injustice to the applicant; however, the applicant must demonstrate that the same degree of environmental protection required by this regulation can be achieved by other means. i 1lat'*0 is t take effect on the date of publication of this notice. Reeert L.l Childs, hairm Ann Ja )augh , He F. Inge, BOARD OF HEALTH' TOWN OF BARNSTABLE APPROVED AS To FMM Asst. Town Counsel y , f rl at7HET� 7 J J •- TOWN OF BARNSTABLE �Q +'0 11 cl. e OFFICE OF 3An77TAML BOARD OF HEALTH 00 1639. �a WKI 367 MAIN STREET i HYANNIS, MASS, 02601 LEGAL NOTICE INS FOR THE PROTECTION OF THE GROUNDWATER QUALITY WITHIN ZONES OF CONTRIBUTION TO PUBLIC SUPPLY WELLS The Board of Health, Town of Barnstable, Massachusetts, in accordance with and under the a. thority granted by Section 31, of Chapter 111, of the General Laws of the Commonwealth of Massachusetts, hereby adopted the following rules and regulations after a public meeting of the`Board held on February 19, 1985: hearing at a PURPOSE The initial findings of a townwide hydrogeologic investigation indicate that a substantial portion- A. of the Town's water supply may be in jeopardy from the long term build-up of nitrate-nitrogen, primarily from the subsurface discharge of sewage effluent. It has been. proven that nitrate contamination in drinking water can be a serious public health problem. Based on these findings, three of the nine zones of contribution to public supply wells are considered to be "at risk" zones requiring. immediate measures to mitigate the adverse impacts to the groundwater from such discharges. These regulations are temporary and will be in effect only until the Town adopts a ground water and water resource protection program. RESTRICTIONS No permit for the construction of an individual sewage disposal system shall be granted within the zones of contribution to public supply wells identified as zones I, 2, and 3%'On a map entitled, "Town of Barnstable, Public Supply Wells Zone of Contribution, dated February 19, 1985, and prepared by SEA Consultants, Inc., Boston, Ma., which map is on file with the Board of Health, unless the following standards are met: A. The maximum allowable discharge of sanitary sewage shall not exceed 330 gallons. per acre per day unless the applicant demonstrates that the total concentration of nitrate-nitrogen' in -the groundwater resulting.from -the proposed- use will not exceed 5 mg./I. This determi- nation. shall .consider the total predicted concentration of nitrate-nitrogen at the down gradient property line of the lot upon which the proposed use is to be located. B. Nothing in this regulation shall prohibit the approval by the Board of Health of any appli- cation involving the maintenance, repair or alteration of an existing individual sewage disposal system, providing that said application does not involve a change of--use as defined by existing Board of Health regulations. Where a change .of use is involved, the applicant must demonstrate compliance with this regulation. Variance to this regulation may be granted by the Board of Health only if the applicant can demonstrate that: - I. Connection to Town sewer is not available; and 2. That enforcement thereof would do manifest injustice; however, the applicant must prove . that the installation of on-site sewage disposal systems will not have a significant adverse effect on surface or sub-surface public or private water resources. •Kbti U LA•1•lUN (Continued) ^' In granting variances, the Board shall take into consideration the direction of the ground water kNF flow, population density, soil conditions, depth to ground water, size, shape and slope of the Iot, existing and known future water supplies and other information deemed pertinent. Thi re lation is to take fect on the date of publication of this notice, bert L. C ds, C ai ma Ann Jae shbaugh APPR A T Fo&� rover , rarr BOARD'OF HEALTH Town Cou. sel TOWN OF BARNSTABLE TOWN OF BARNSTABLE INTERIM SEWER CONNECTION POLICY APRIL 1988 AS REVISED MAY 18, 1988 Whereas the Secretary of Environmental Affairs has ordered. tha t the Town of Barnstable prepare an Environmental Impact Report (EIR) under the of the Ma provisions ssachusetts Environmental Policy Act (MEPA) before the Town proceeds to implement the recommendations of the 1987 Wastewater Management whereas that order prohibits the increase in volume of sewa a to g ment Plan and Wastewater Treatment facilityg be treated at the _ .(WWTF) and whereas the effectiveness of the nitrification/denitrification process currently employed by the WWTF will be substantially reduced, if not destroyed, with any appreciable increase i sewage, the following Interim Sewer Connection Policy is established b n volume of Department of Public Works. Y the Barnstable A. Sewer System Extension Projects. Projects involving an extension to the sewer system, as it currently exists, shall be limited to those which: I. Require approval to proceed from the Secretary of Environme ntal Affairs through the MEPA process and have either been granted such approval or receive approval of a request currently pending action by the Secretary, and the conditions, if any, placed on the approval to proceed can be accommodated, and 3 2. Have either been issued a DEQE and/or Town permit or are issu ed a permit for an approved project which Is currently pending such issuance. All other projects involving an extension to the currently existing sewer system shall be disapproved. w - 2 - B. Sewer Connection Projects. Projects requiring a new connection(s) to the sewer system as it currently exists or to extensions thereof as is described in "A" above shall be limited to those which: �j 1. Require the approval of the Secretary of Environmental Affairs and such approval has been received or, in the case of those currently pending his action, is received and the conditions, if any, placed on the approval can be accommodated. 2. Require the issuance of a . permit from DEQE, and such permit has been issued or, in the case of those currently pending action by DEQE, is issued. 3. -Do not require approval of MEPA and/or DEQE or are not effected by any special conditions imposed on the system by either MEPA or DEQE and occupy property that is located in an area served by the sewer and its continued or future intended use is contingent on the owners complying with an order issued by the Board of Health to connect to the sewer or, in the case of properties located in Area 5 (Southeast Hyannis), are specifically authorized to connect to the sewer in order to provide a volume of wastewater flow sufficient to ensure proper operation of the system. n All other requests involving a new connection to the sewers stem shall b Y e disapproved. .. . C. Increased Sewage Discharge. Projects involving a change in use of a property, either connected to the sewer or located in an area served by the existing ,i I ' - 3 - sewer system requiring connection as a condition of approval by the Board of Health, which will result in a volume of wastewater beyond reasonable ;Y limits (25 percent) of the higher of either that being discharged under the current use or that which could be expected under current zoning shall not be allowed. D. Water Conservation Measures. In addition to any conditions imposed by either the Secretary of Environmental Affairs or DEQE, Town level approval of projects shall be condirioned on the use of water saving devices. The only exception to this requirement shall pertain to existing residential y' structures which are under or come under order of the Board of Health to connect to the sewer system as outlined in "B.3." above. However, owners of structures in this category shall be encouraged to install such devices. It must be recognized that beyond y d the present constraints applied by way of the MEPA EIR process, a finite capacity to dispose of sewage effluent from the a� Wastewater Treatment plant exists and that the probability of accommodating sewage volume in excess of that stated in the Town's Draft Groundwater Discharge Permit (4.2 mgd) is unlikely. A significant increase in the sand filter bed area or the inclusion of another form of effluent disposal is required in order to expand the plant's capacity. Given this constraint, and afar more sophisticated understanding of the need to protect the Town's public water supply and to eliminate threats to the public health caused by failing on-site systems, the sewer service area called for in the 1987 Wastewater uy• Management Plan is significantly reduced from that which was envisioned in a predecessor plan developed in 1971. The attached "Wastewater Flow Allocations" chart shows the Plan's projected assignment of the WWTF's maximum allowed capacity. The development of a town-wide Sewer Facilities Plan is about to begin under the ,direction of the Massachusetts DEQE. Among the more critical issues which I - 4 - . `. it will:address are the effluent disposal limitations described ab ove ove an d th e groundwater contamination potential at the WW e attendant TF. The Plan may provide the answers to expanding the facility's capacity; however, it could also on its use. place further restrictions Although the probability of this occurring is not known at this time owners should be aware of this , property Possibility and should not ass e Furthermore ume that sewer discharge permits will be issued at will u g upon the completion of the EIR or the Facilities Plan. , will the Plan's determination re allowable ca garding the WWTF's maximum pacity. is the likelihood that significant improvements expected t called for in the Plan will have to he implemented before i o be beyond the volume of sewage curt is authorized to go much g rently being treated. s ,41 r e . TOWN OF BARNSTABLE OFFICE OF BOARD OF HEALTH 367 MAIN STREET HYANNIS, MA 02601 Doreen Bilezikian, Trustee Route 132 Real Estate Trust, Applicant MEMORANDUM IN SUPPORT OF VARIANCE REQUEST 1. Doreen Bilezikian, Trustee, Route 132 Real Estate Trust, of 261 White's Path, South Yarmouth, Massachusetts (02664) (the "Applicant") . 1. 1 The Applicant proposes for development the premises comprising 9. 16 acres of land fronting on both Route 132 and Route 28 in the Village of Hyannis shown on a plan dated 10/12/88, as revised, entitled "SUBSURFACE SEWAGE DISPOSAL PLAN" drawn by Atlantic Design Engineers, Inc. , sheets 1 and 2 (the "Plan") . At the request of Mr. McKean, the Town of Barnstable Board of Health Agent, the Applicant has submitted plans by Design Services, Inc. , each dated 10/4/88 delineating the proposed location of buildings and the existing town sewer end lines in relation to the subject premises. The development of the premises, as generally set forth on the Plan, (the "Project") , will comprise a sixty-six thousand four hundred eighty (66, 480) square foot retail dry goods store shopping plaza of which Christmas Tree . Shops, Inc. , will occupy thirty-five thousand eight hundred and eighty (35, 880) square feet. The proposed use of the Project breaks down into sixty-three thousand one hundred and fifty-six (63, 156) square feet of retail dry goods space and three thousand and twenty-four (3, 024) square feet of appurtanent office space. The calculations submitted to the Town of Barnstable Board of Health (the "Board") by the Applicant' s design engineers indicate that the Project, as proposed, exceeds all pertinent requirements of Massachusetts Code of Regulations (310 CMR 15) . a. ) The proposed system is designed as follows: i) Applicant is constructing two (2) on-site disposal systems ("System All and "System B") which, based on the Project as proposed, will result in an aggregate nitrate-nitrogen concentration of less than 5 parts per million (4 .82 parts per million) . ii) System A has .a 1, 500 gallon tank and two (2) 12 ' X 12 ' pits and is designed to handle 1470.26 gallons per day; and, pursuant to (310 CMR 15) the maximum proposed use for this system considering the Project use would be 943 gallons per day or 64% of capacity. iii) System B has a 4, 000 gallon tank with three (3) 141X 14 ' pits and is designed to handle 3001.8 gallons per day; and pursuant to (310 CMR 15) , the maximum capacity for this system considering the project use will be 2464. 1 gallons per day or 82% of design capacity. iv) System A is designed 11 . 2 feet above the groundwater table and System B is designed 8.9 feet above the existing groundwater table. 1.2 The Code of Massachusetts Regulations (310 CMR 15. 02) provide in pertinent part that no individual sewage disposal system or other means of sewage disposal shall be located, constructed, altered, repaired, or installed where a common sanitary sewer is accessible adjoining the property and where permission to enter such sewer can be obtained from the authority having jurisdiction over it; or, if a common sanitary sewer is not accessible, until a permit for its location, construction, alteration, repair, or installation shall have been issued by the Board of Health. 1. 3 The Applicant .filed its Plan in order to obtain a disposal works construction permit for the proposed subsurface sewage disposal system to be constructed at the Project as delineated on the Plan. 1.4 The Board, pursuant to Massachusetts General Law, Chapter 111, Section 31 has adopted two regulations which may impact the Applicant's request for a disposal works construction permit as follows: a. ) Groundwater Protection Regulation, adopted September 6, 1983 ("the Groundwater Protection Regulation") , hereto attached as Exhibit "A" . b. ) Interim Regulation for the Protection of Groundwater Quality within Zones of Contribution to Public Supply Wells, adopted February 19, 1985 (the "Interim Regulation") , hereto attached as Exhibit "B" . 1.5 By virtue of the Town of Barnstable "-Charter, the Department of Public Works of the Town of Barnstable (the "Department") is the authority having jurisdiction over thecommon sanitary sewer within the Town of Barnstable. (Town of Barnstable Charter, Article XVI) . 1. 6 The Department adopted an "Interim Sewer Connection Policy 2 I. April 1988, as revised May 18, 1988", (the "Policy") a copy of which is attached hereto as Exhibit "C". The Department Policy provides in pertinent art, as follows: part, "A. Sewer System Extension Projects. Projects involving an extension to the sewer system, as it currently exists, shall be limited to those which: 1. Require approval to proceed from the Secretary of Environmental Affairs through the MEPA Process and have either been granted such approval or receive such approval of a request currently pending action by the Secretary, and the conditions, if any, placed on the approval to proceed can be accommodated, and 2 . Have either been issued a DEOE and/or Town permit or are issued a permit for an approved protect which is currently pending such issuance. 3 . All other projects involving an extension to the. currently existing sewer system shall be disapproved. " (emphasis supplied) . 1.7 Your Applicant .refers to the plan dated 11/4/88 filed with this Board delineating the current location of the Town of Barnstable sewer mains and suggests that reference to that plan will indicate that an extension of approximately 1, 000 feet of these sewer mains would be required in order to connect the premises to the common sanitary sewer of the Town. 1. 8 No application for-a "sewer permit" is pending with the Secretary of Environmental Affairs for the Commonwealth of Massachusetts, the Commonwealth of Massachusetts Department of Environmental Quality Engineering, or the Department. Accordingly, the Appellant avers that she is prohibited from obtaining an extension of the Town of Barnstable sewer to the Project as a result of the Policy. 1.9 Further, even if no extension of the sewer were required, the Policy further provides, as follows: "B. Sewer Connection Projects. Projects requiring a new connection(s) to the sewer system as it currently exists for or to extensions thereof as is described in "A" above shall be limited to those which: 3 1. Require the approval of the Secretary of Environmental Affairs and such approval has been received or, in the case of those currently pending his action, is received and the conditions, if any, placed on the approval can be accommodated. 2 . Require the issuance of a permit from DEQE, and such permit has been issued or, in the case of those currently pending action by DEQE, is issued. 3 . Do not require approval of MEPA and/or DEQE or are not affected by any special conditions imposed on the . system by either MEPA or DEQE and occupy property that is located in an area served by the sewer and its continued or future intended use is contingent on the owners complying with an order issued by the Board of Health. . . (Since the proposed system is to accommodate more than 2, 000 gallons per day a DEQE permit would be required; All other requests involving a new connection to the sewer system shall be disapproved. " (emphasis supplied) . 1. 10 The only other sewer line in proximity to the Project is a private, forced-main line as to which (i) the Department has indicated it will not permit any additional connections, and (ii) the Applicant has no right of access to said line or to use of the private pumping station through which said main flows. Further pursuant to Section "B" of the Policy supra the Department will not permit such a connection. 2 . The Groundwater Protection Regulation requires all new commercial structures within a zone of contribution to a public supply well within 3 , 000 feet of a municipal sewer line to connect with the public sewer. 2 . 1 The Regulation indicates that the Board of Health is authorized to grant a Variance from the Regulation after Hearing, during which the Applicant proves, the following: a. ) That the installation of on-site sewerage disposal systems will not have a significant adverse effect on surface or subsurface private or public well resources. b. ) That a strict interpretation of the regulation would do manifest injustice to the Applicant, and c. ) That the same degree of environmental protection required by the regulation can be achieved by other means.. 4 2 .2 The express purpose of the foregoing regulation is to "avoid high density housing which can, over time, cause serious deterioration of ambient groundwater by nitrate contamination" . The regulation further states that calculations performed by Cape Cod Planning and Economic Development Commission indicate that housing units placed on one acre parcels will produce the maximum recommended planning limit of five parts per million nitrate- nitrogen in groundwater (emphasis supplied) . 2 .2 . 1 With respect to the specific requirements for Variance from the Groundwater Protection Regulation, the Applicant avers as follows: a. ) The installation of an on-site sewerage disposal system at the Project, will not have a significant adverse effect on surface or subsurface, public or private resources and will result in the same degrees of environment protection as would result if Applicant were to connect to the Town sewer. (i) the Department of Public Works, as a result of a mandate imposed by the Department of Environmental Quality Engineering and the Secretary of Environmental Affairs, has adopted the Policy which will not permit the Applicant to extend and connect to the Town of Barnstable sewer, (ii) the Applicant is deprived of any economic use of this prime commercial property if the Board does not see fit to allow this Variance request and permit the on-site disposal system substantially as proposed by the Applicant. (iii) The Policy of the Department was developed as a result of an alleged incapacity of the Town Wastewater Treatment Plan to accommodate additional sewage and not due to any condition arising as a result of Applicants proposed Project. b. ) The denial of the Applicant's request would result in manifest injustice to Applicant. i) all areas within one mile of the subject premises, and the subject premises itself, are served by public water supply mains, of the the project o of t is located at the southern periphery f Contribution in which the Project is located, iii) the topography of the project flows in a southerly direction away from the public supply wells for which the zones of contribution were established, 5 iv) the nitrate-nitrogen calculations pertaining to the Project indicate a resultant nitrate-nitrogen discharge of 4.82 parts per million (ppm) , less than the 5 mg./1. maximum prescribed by the Cape Cod Planning and Economic Development Commission cited in the Regulation, v) the proposed septic systems will be considerably above the groundwater table, vi) both systems are designed to handle a capacity in excess of that prescribed in (310 CMR 15. 02) , vii) the Department Policy indicates that the Town of Barnstable Waste Water Treatment Facility on Bearse's Way in Hyannis is incapable of handling additional sewerage. Groundwater studies conducted for the Town have indicated that a plume has developed and is extending in a general southerly direction from the Waste Water Treatment Facility. The on-site system as proposed by the Applicant is over- designed so as to produce a minimal impact on the groundwater and the general environment. 3 . Next, the Appellant refers to the Interim Regulation and admits that the Project lies within Zone 3 on the map entitled "Town of Barnstable Public Supply Wells Zone of Contribution" dated February 19, 1985. 3 . 1 However, for the following reasons the Applicant feels that the Interim Regulation should not prohibit the Project. a. ) The purpose clause of the regulation indicates that the "regulations are temporary and will be in effect only until the Town adopts a groundwater and water resource protection program" . The Applicant avers that pursuant to Town Meeting held November 7, 1987, the Town amended Chapter III, Article III of its Zoning By-Laws by inserting therein "Section 3- 5.2 Groundwater Protection Overlay Districts" and at the same meeting amended Chapter III of its General By-Laws by adding at the end thereof, a new Article entitled "Regulation of Wastewater Discharge". The latter By-Law provides in pertinent part, Section 3, Standards 3-1 that the maximum allowable wastewater discharge within a zone of contribution should not exceed 380 gallons per acre per day. It would seem that the adoption of the Amendment to the Town Zoning By-Law and the Amendment to the General By-Laws of the Town fulfill the express purpose for the adoption of the Interim Regulation thus obviating the Interim Regulation. 6 b. ) The design engineer's nitrate-nitrogen calculations pertaining to the Project as shown on the Plan indicate a concentration of 4.82 parts per million ,P which .amount is less than the maximum allowable discharge of sanitary sewerage required in Section "A" of the Interim Regulation. 3 .2 Accordingly, on the basis of the foregoing factors, the Applicant believes that no request for Variance from the Interim Regulation is necessary. 3 . 3 If the Board deems that a Variance is necessary, the Applicant must demonstrate, as follows: a. ) Connection to Town sewer is not available. b. ) Enforcement of the regulation would do manifest in justice; and further, that the installation of on-site sewerage disposal system would not have a significant adverse effect on surface or sub-surface public or private water resources. c. ) In its deliberations the Board shall consider direction of ground water flow, population, density, soil conditions, depth to ground water, size, shape and slope of the Lot, existing and known future water supplies. 3 . 3 . 1 With respect to the specific requirements for Variance from the Interim Regulation, the Applicant avers, as follows: a. ) A town . sewer connection is not obtainable (see 111.5" through "l. lo", supra) . b. ) Enforcement of the regulation would do manifest injustice to the Applicant for the following reasons: (i) the Department of Public Works, as a result of a mandate imposed by the Department of Environmental Quality Engineering and the Secretary of Environmental Affairs, has adopted the Policy which will not permit the Applicant to extend and connect to the Town of Barnstable sewer, (ii) the Applicant is deprived of any economic use of this prime commercial property if the Board does not see fit to allow this Variance request and permit the on-site disposal system substantially as proposed by the Applicant. (iii) The Policy of the Department was developed as a result of an alleged incapacity of the Town Wastewater Treatment Plan to accommodate additional sewage and not due to any condition arising as a result of Applicants proposed Project. 7 c. ) Considering the factos suggested for review by the Board installation of the proposed on site system will have a significant adverse effect on existing or known future on surface or subsurface public or private water resourses. i) all areas within one mile of the subject premises, and the subject premises itself, are served by public water supply mains; ii) the project is located at the southern periphery of the "Zone of Contribution" in which the Project is located; iii) the topography of the project flows in a southerly direction away from the public supply wells for which the zones of contribution are established; iv) the nitrate-nitrogen calculations pertaining to the Project indicate a resultant nitrate-nitrogen discharge of 4.82 parts per million, less than the 5 ppm maximum prescribed by the Cape Cod Planning and Economic Development Commission cited in the Regulation, v) the proposed septic systems will be considerably above the groundwater table, vi) both systems are designed to handle a capacity in excess of that prescribed in (310 CMR 15. 02) , vii) the Department Policy indicates that the Town of Barnstable Waste Water Treatment Facility on Bearse's Way in Hyannis is incapable. of handling additional sewerage. Groundwater studies conducted for the Town have indicated that a plume has developed and is extending in a general southerly direction from the Waste Water Treatment Facility. The on-site system as proposed by the Applicant is over- designed so as to produce a minimal impact on the groundwater and the general environment and avoid increases the load on the existing municipal facility unless and until it is designed and improved to accept the effluent discharged from the Project. 4 . Based on the foregoing facts and documentation, it is the Applicant's request that the Board determine 'as follows: 4. 1 That the facts and documentation contained in this memorandum and pertaining to the Project are sufficient to allow the Board to approve the request for Variance from the Groundwater Protection Regulation pursuant to the Plan referred 8 E to in 1.1 of this Memorandum and said Variance is so granted for construction of the subsurface disposal system for the Project as shown on the Plan. 4.2 That on the basis of the facts and documentation contained in this Memorandum and pertaining to the Project the Applicant does not need a Variance from the Interim Regulation since it has expired. 4 .3 That on the basis of the facts and documentation contained in this Memorandum and pertaining to the Project since the concentration of nitrate-nitrogen in groundwater resulting from the Project will not exceed 5 mg./1, as prescribed in the Regulation. 4 .4 That the facts and documentation contained in th is memorandum and pertaining to the Project are sufficient to approve the request for Variance from the Interim Regulation pursuant to the Plan referred to in 1.1 of this Memorandum and said Variance is so granted for construction of the subsurface disposal system for the Project as shown on the Plan. 4 . 5 That upon submission of properly engineered plans substantially in the form of the design set forth on the Plan and stamped by a Registered Professional Engineer, the appropriate filing of the application and upon payment of the prescribed fee the Board will issue a disposal works construction permit for the Project pursuant to the Plan so as to permit construction of the disposal system delineated on the Plan. Respec fully ubmitted! D e B lezikian By Her A torney, Henry L. Murphy, r. syml\hlm\11-15-88 No. 5 9 I beca:_? eLtecClve DepCemuer o, 17oj, aLLcr UCLLIe puullsueu LLL LLIC iL1C Darn6LaU1C raLr10C tea? I TOWN` OFUARNSTABLE � OFFICE OF HAXI SIL MAfR BOARD OF HEALTH y vo 1639. e am k` 367 MAIN STREET HYANNIS, MASS. 02601 t GROUND WATER PROTECTION The Board of Health, Town of Barnstable, Massachusetts, in accordance with, and under the authority granted by Section 31, of Chapter 111, of the General Laws of the Commonwealth of Massachusetts, hereby adopted the following rules and regulations after a public hearing at a meeting of the Board held on Septem- ber 6, 1983. PURPOSE: The protection of ground water in the Town of Barnstable The ground resources of the Town of Barnstable are its sole source of water supply. It is now known and demonstrable that public supply wells draw water from a substantial land area. It is known from experience that high density housing can over time cause serious deterioration of ambient group water Fy nitrate contamination.. It has been proven that nitrate contamination in drinking water can be a serious public health problem. Calculations performed by Cape Cod Planning and Economic Development Commis- sion indicate that housing units placed on one acre varcels will produce the maximum recommended planning limit off.ppm. nitrate-nitrogen in ground- . water. Proposed subdivisions within 3,000 feet of a municipal sewer line shall connect all building lots in the subdivision to the Town sewer if any lots in the subdivision are less than one acre and are .located within a zone of contribution to a public supply well. Zones of contribution will be determined by the Board of Health. All new multi-family dwellings within a zone of contribution to a public supply well within 3000 feet of a municipal sewer line shall connect to the public sewer. All new commercial structures within a zone of contribution to a public supply well within 3000 feet of a municipal sewer Line shall connect to public sewer. Outside of the Zones of Contribution to Public Supply Wells, any new construc- tion on lots of less than 1 acre that are within 3000 feet of a sewer line shall be considered for mandatory connection to said line if the Board of Health determines that onsite sewage disposal systems will contribute to the degradation of the water quality of private wells,, lakes,: ponds or coastal embayments. VARIANCES to the regulation may be granted by. the Board of Health after a hearing during which the applicant proves that the installation of onsite sewage disposal systems will not have a significant adverse affect on surface or subsurface public or private water resources. The Board in granting variances will consider if strict interpretation of this regulation would do manifest injustice to the applicant; however, the applicant must demonstrate that the same degree of environmental protection required by this regulation can be achieved by other means. VeertWChilds, is t take effect on the date of publication of this notice. L. hairm Ann Ja augh H! F. Inge, M kD. BOARD OF HEALTH' TOWN OF BARNSTABLE APPROVEp AS TO FORAM i Asst. Town Counsel PATRIOT ►• a ri �o�T►lero� ,1pl J•a •-! TOWN OF BARNSTASLE OFFICE OF a.►nr�r.►az = BOARD OF HEALTH ooe� i6J9. \gyp '£ M• 0 YAY 357 MAIN STREET HYANNIS, MASS, 02601 LEGAL NOTICE - II* FOR THE PROTECTION OF THE GROUNDWATER QUALITY WITHIN ZONES OF CONTRIBUTION TO PUBLIC SUPPLY WELLS The Board of Health, Town of Barnstable, Massachusetts, in accordance with and under the au- thority granted by Section 31, of Chapter 111, of the General Laws of the Commonwealth of Massachusetts, hereby adopted the following rules and regulations after a public hearing at a meeting of the Board held on February 19, 1985: PURPOSE The initial findings of a townwide hydrogeologic investigation indicate that a substantial portion_ of the Town's water supply may be in jeopardy from the long term build-up of nitrate-nitrogen, primarily from the subsurface discharge of sewage effluent. It has been proven that nitrate contamination in drinking water can be a serious public health problem. Based on these findings, three of the nine zones of contribution to public supply wells are considered to be "at risk" zones requiring. immediate measures to mitigate the adverse impacts to the groundwater from such discharges. These regulations are temporary and will be in effect only until the Town adopts a ground water and water resource protection program. RESTRICTIONS No permit for the construction of an individual sewage disposal system shall be granted within the zones of contribution to public supply wells identified as zones 1, 2, and 3n a map entitled, "Town of Barnstable, Public Supply Wells Zone of Contribution, dated Feb uary 19, 1985, and prepared by SEA Consultants, Inc., Boston, Ma:; which map is on file with the Board of Health, unless the following standards are met: A. The maximum allowable discharge of sanitary sewage shall not exceed 330 gallons per acre per day unless the applicant demonstrates that the total concentration of nitrate-nitrogen' in -the groundwater resulting from the proposed- use will not exceed 5 mg./l. This determi- nation shall .consider the total predicted concentration of nitrate-nitrogen at the down gradient property line of the lot upon which the proposed use is to be located. B. Nothing in this regulation shall prohibit the approval by the Board of Health of any appli- cation involving the maintenance, repair or alteration of an existing individual sewage disposal system, providing that said application does not involve a change of.use as defined by existing Board of Health regulations. Where a change of use is involved, the applicant must demonstrate compliance with this regulation. , Variance to this regulation may be granted by the Board of Health only if the applicant can demonstrate that: I. Connection to Town sewer is not available; and 2. That enforcement thereof would do manifest injustice; however, the applicant must prove that the installation of on-site sewage disposal systems will not have a significant adverse effect on surface or sub-surface public or private water resources, 5 stva�i�IfA -ULA*I'!UN (Continued) In granting variances, the Board shall take Into consideration the direction of the ground water 'T flow, population density, soil conditions, depth to ground water, size, shape and slope of the lot, existing and known future water supplies and other information deemed pertinent. Thi re lation is to takeAlffect on the date of publication of this notice. bert L. C ds, C al ma Ann J e shbaugh APPP A T Fo& rover arr . BOARD OF HEALTH Town Cou. sel TOWN OF BARNSTABLE r A TOWN OF BARNSTABLE INTERIM SEWER COPdNECTION POLICY APRIL 1988 AS REVISED MAY 18, 1988 Whereas the Secretary of Environmental Affairs has ordered that the Town of Barnstable prepare an Environmental Impact Report (EIR) under the provisions of the Massachusetts Environmental Policy Act (MEPA) before the Town proceeds to implement the recommendations of the 1987 Wastewater Management Plan and whereas that order prohibits the increase in volume of sewage to be treated at the Wastewater Treatment facility (WWTF) and whereas the effectiveness of the nitrification/denitrification process currently'# r y employed by the WWTF will be substantially reduced, if not destroyed, with any appreciable increase in volume of ' sewage, the following Interim Sewer Connection Policy is established by the Barnstable Department of Public Works, A � . Sewer System Extension Projects. Projects involving an extension to the sewer system, as it currently exists, shall be limited to those which: 1. Require approval to proceed from the Secretary of Environmental Affairs through the MEPA process and have either been granted such approval or receive approval of a request currently pending action by the Secretary, and the conditions, if any, placed on the approval to proceed can be accommodated, and 3 2. Have either been issued a DEQE and/or Town permit or are issued a permit for an approved project which is currently pending such issuance. All other projects involving an extension to the currently existing sewer system ill shall be disapproved. - l - 2 - B. Sewer Connection Projects. Projects requiring a new connection(s) to the sewer system as it currently exists or to extensions thereof as is described in "A" above shall be limited to those which: 1. Require the approval of the Secretaryof Environmental Affairs and such approval has been received or, in the case of those currently pending his action, is received and the conditions, if any, placed on the approval can be accommodated. 2. Require the issuance of a permit from DEQE, and such permit has been issued or, in the case of those currently pending action by DEQE, is issued. 3. Do not require approval of MEPA and/or DEQE or are not effected by any special conditions imposed on the system by either MEPA or DEQE and occupy property that is located in an area served by the sewer and its continued or future intended use is contingent on the owners complying with an order issued by the Board of Health to connect to the sewer or, in the case of properties located in Area 5 (Southeast Hyannis), are specifically authorized to connect to the sewer in order to provide a volume of wastewater flow sufficient to ensure proper operation of the system. All other requests involving a new connection to the sewer system shall be disapproved. .. C. Increased Sewage Discharge. Projects involving a change in use of a property, either connected to the sewer or located in an area served by the existing TOWN OF BARNSTABLE OFFICE OF x BOARD OF HEALTH 367 MAIN STREET HYANNIS, MA 02601 Doreen Bilezikian, Trustee Route 132 Real Estate Trust, Applicant MEMORANDUM IN SUPPORT OF VARIANCE REQUEST 1. Doreen Bilezikian, Trustee, Route 132 Real Estate Trust, of 261 White's Path, South Yarmouth, Massachusetts (02664) (the "Applicant") . ;4 1. 1 The Applicant proposes for development the premises comprising 9 . 16 acres of land fronting on both Route 132 and Route 28 in the Village of Hyannis shown on a plan dated 10/12/88, as revised, entitled "SUBSURFACE SEWAGE DISPOSAL PLAN" drawn by Atlantic Design Engineers, Inc. , sheets 1 and 2 (the "Plan") . At the request of Mr. McKean, the Town of Barnstable Board of Health Agent, the Applicant has submitted plans by Design Services, Inc. , each dated 10/4/88 delineating the proposed location of buildings and the existing town sewer end lines in relation to the subject premises. The development of the premises, as generally set forth on the Plan, (the "Project") , will comprise a sixty-six thousand four hundred eighty (66,480) square foot retail dry goods store shopping plaza of which Christmas Tree . Shops, Inc. , will occupy thirty-five thousand eight hundred and eighty (35, 880) square feet. The proposed use of the Project breaks down into sixty-three thousand one hundred and fifty-six (63, 156) square feet of retail dry goods space and three thousand and twenty-four (3 , 024) square feet of appurtanent office space. The calculations submitted to the Town of Barnstable Board of Health (the "Board") by the Applicant' s design engineers indicate that the Project, as proposed, exceeds all pertinent requirements of Massachusetts Code of Regulations (310 CMR 15) . a. ) The proposed system is designed as follows: i) Applicant is constructing two (2) on-site disposal systems ("System All and "System B") which, based on the Project as proposed, will result in an aggregate nitrate-nitrogen concentration of less than 5 parts per million (4 .82 parts per million) . ii) System A has .a 1,500 gallon tank and two (2) 12 ' X 12 ' pits and is designed to handle 1470.26 gallons per day; and, pursuant to (310 CMR 15) the maximum proposed i use for this system considering the Project use would be 943 gallons per day or 64% of capacity. iii) System B has a 4, 000 gallon tank with three (3) 141X 14 ' pits and is designed to handle 3001.8 gallons per day; and pursuant to (310 CMR 15) , the maximum capacity for this system considering the project use will be 2464.1 gallons per day or 82% of design capacity. iv) System A is designed 11. 2 feet above the groundwater table and System B is designed 8.9 feet above the existing groundwater table. 1.2 The Code of Massachusetts Regulations (310 CMR 15. 02) provide in pertinent part that no individual sewage disposal system or other means of sewage disposal shall be located, constructed, altered, repaired, or installed where a common 57 sanitary sewer is accessible adjoining the property and where permission to enter such sewer can be obtained from the authority ndving jurisdiction over 't, or, if a ommon" sanitary sewer is not accessible, until a permit for its location, construction, alteration, repair, or installation shall have been issued by the Board of Health. 1. 3 The Applicant .filed its Plan in order to obtain a disposal works construction permit for the proposed subsurface sewage disposal system to be constructed at the Project as delineated on the Plan. 1.4 The Board, pursuant to Massachusetts General Law, Chapter 111, Section 31 has adopted two regulations which ma impact the Applicant's request for a disposal works construction permit as follows: a. ) Groundwater Protection Regulation, adopted September 6, 1983 ("the Groundwater Protection Regulation") , hereto attached as Exhibit "A" . b. ) Interim Regulation for the Protection of Groundwater Quality within Zones of Contribution to Public Supply Wells, adopted February 19, 1985 (the "Interim Regulation") , hereto attached as Exhibit "B". 1.5 By virtue of the Town of Barnstable-Charter, the Department of Public Works of the Town of Barnstable (the "Department") is the authority having jurisdiction over the common sanitary sewer within the Town of Barnstable. (Town of Barnstable Charter, Article XVI) . 1. 6 The Department adopted an "Interim P P rim Sewer Connection Policy 2 f April 1988, as revised May 18, 1988", (the "Policy") a copy of which is attached hereto as Exhibit "C". k The Department Policy provides in pertinent part as follows: ' "A. Sewer Svstem Extension Projects. Projects involving an extension to the sewer system, as it currently exists, shall be limited to those which: 1. Require approval to proceed from the Secretary of Environmental Affairs through the MEPA Process and have either been granted such approval or receive such approval of a request currently pending action by the Secretary, and the conditions, if any, placed on the approval to proceed can be accommodated, and 2 . Have either been issued a DEOE and/or Town permit, or are issued a permit for an approved Project which is currently pending such issuance. 3 . All other proiects involving an extension ,to the currently existing sewer system shall be disapproved. " (emphasis supplied) . 1. 7 Your Applicant refers to the plan dated 11/4/88 filed with this Board delineating the current location of the Town of Barnstable sewer mains and suggests that reference to that"plan will indicate that an extension of approximately 1, 000 feet of. these sewer mains would be required in order to connect the premises to the common sanitary sewer of the Town. 1. 8 No application for. .a "sewer permit" is pending with the Secretary of Environmental Affairs for the Commonwealth of Massachusetts, the Commonwealth of Massachusetts Department of Environmental Quality Engineering, or the Department. Accordingly, the Appellant avers that she is prohibited from obtaining an extension of the Town of Barnstable sewer to the Project as a result of the Policy. 1.9 Further, even if no extension of the sewer were required, w the Policy further provides, as follows: "B. Sewer Connection Projects. Projects requiring a new connection(s) to the sewer system as it currently exists for or to extensions thereof as is described in "A" above shall be limited to those which: 3 I 1. Require the approval of the Secretary of Environmental Affairs and such approval has been received or, in the case of those currently pending his action , is received and the conditions, if any, placed on the approval can be accommodated. 2 . Require the issuance of a permit from DEQE, and such permit has been issued or, in the case of those currently pending action by DEQE, is issued 3 . Do not require approval of MEPA and/or DEQE or are not affected by any special conditions imposed on the system by either MEPA or DEQE and occupy property that is located in an area served by the sewer and its continued or future intended use is contingent on the owners complying with an order issued by the Board of Health. . . (Since the proposed system is to accommodate more than 2 , 000 gallons per day a DEQE permit would be required; All other requests involving a new connection to the sewer system shall be disapproved. " (emphasis supplied) . 1. 10 The only other sewer line in proximity to the Project is a private, forced-main line as to which (i) the Department has indicated it will not permit any additional connections, and (ii) the Applicant has no right of access to said line or to use of the private pumping station through which said main flows. ' Further pursuant to Section "B" of the Policy , supra the Department will not permit such a connection. 2 . The Groundwater Protection Regulation requires all new commercial structures within a zone of contribution to a public supply well within 3, 000 feet of a municipal sewer line to connect with the public sewer. 2 . 1 The Regulation indicates that the Board of Health is authorized to grant a Variance from the Regulation after Hearing, during which the Applicant proves, the following: a. ) That the installation of on-site sewerage disposal systems will not have a significant adverse effect on surface or subsurface private or public well resources. b. ) That a strict interpretation of the regulation would do manifest injustice to the Applicant, and c. ) That the same degree of environmental protection required by the regulation can be achieved by other means. 4 2 .2 The express purpose of the foregoing regulation is to "avoid high density housing which can, over time, cause serious deterioration of ambient groundwater y er b �� g nitrate contamination " . . The regulation further states that calculations performed by Cape Cod Planning and Economic Development Commission indicate that housing units placed on one acre parcels will produce the maximum recommended planning limit of five parts per million nitrate nitrogen in groundwater (emphasis supplied) . 2 .2 . 1 With respect to the specific requirements for Variance from the Groundwater Protection Regulation, the Applicant avers as follows: a. ) The installation of an on-site sewerage disposal system at the Project, will not have a significant adverse effect on surface or subsurface, public or private resources and will result in the same degrees of environment protection as would result if Applicant were to connect to the Town sewer. (i) the Department of Public Works, as a result of a mandate imposed by the Department of Environmental Quality Engineering and the Secretary of Environmental Affairs, has adopted the Policy which will not permit the Applicant to extend and connect to the Town of Barnstable sewer, (ii) the Applicant is deprived of any economic use of this prime commercial property if the Board does not see fit to allow this Variance request and permit the on-site disposal system substantially as proposed by the Applicant. (iii) The Policy of the Department was developed as a result of an alleged incapacity of the Town Wastewater Treatment Plan to accommodate additional sewage and not due to any condition arising as a result of Applicants proposed Project. b. ) The denial of the Applicant's request would result in manifest injustice to Applicant. i) all areas within one mile of the subject premises, and the subject premises itself, are served by public water supply mains, ii) the project is located at the southern periphery of the "Zone of Contribution" in which the Project is located, iii) the topography of the project flows in a southerly direction away from the public supply wells for which the zones of contribution were established, 5 iv) the nitrate-nitrogen calculations pertaining to th e Projec t ct indicate a resultant nitrate-nitrogen 3 discharge of g 4.82 parts per million (ppm) , less than r the 5 mg./1. maximum prescribed by the Cape Cod Planning and Economic Development Commission cited in the Regulation, v) the proposed septic systems will be considerably above the groundwater table, vi) both systems are designed to handle a capacity in excess of that prescribed in (310 CMR 15. 02) , vii) the Department Policy indicates that the Town of Barnstable Waste Water Treatment Facility on Bearse's Way in Hyannis is incapable of handling additional sewerage. Groundwater studies conducted for the Town have indicated that a plume has developed and is extending in a general southerly direction from the Waste Water Treatment Facility. The on-site system as proposed by the Applicant is over- designed so as to produce a minimal impact on the groundwater and the general environment. 3 . Next, the Appellant refers to the Interim Regulation and admits that the Project lies within Zone 3 on the map entitled "Town of Barnstable Public Supply Wells Zone of Contribution" dated February 19, 1985. 3 . 1 However, for the following reasons the Applicant feels that the Interim Regulation should not prohibit the Project. a. ) The purpose clause of the regulation indicates that the "regulations are temporary and will be in effect only until the Town adopts . a groundwater and water resource protection program" . The Applicant avers that pursuant to Town Meeting held November 7, 1987, the Town amended Chapter III, Article III of its Zoning By-Laws by inserting therein "Section 3- 5.2 Groundwater Protection Overlay Districts" and at the same meeting amended Chapter III of its General By-Laws by adding at the end thereof, a new Article entitled "Regulation of Wastewater Discharge" . The latter By-Law provides in pertinent part, Section 3 , Standards 3-1 that the maximum allowable wastewater discharge within a zone of contribution should not exceed 380 gallons per acre per day. It would seem that the adoption of the lmendment to the Town Zoning By-Law and the Amendment to the General By-Laws of the Town fulfill the express purpose for the adoption of the Interim Regulation thus obviating the Interim Regulation. 6 b. ) The design engineer's nitrate-nitrogen calculations pertaining to the Project as shown on the Plan indicate a concentration of 4.82 parts per million, which amount is less than the maximum allowable discharge of sanitary -� sewerage required in Section "A" of the Interim Regulation. 3 .2 Accordingly, on the basis of the foregoing factors, the Applicant believes that no request for Variance from the Interim Regulation is necessary. 3 . 3 If the Board deems that a Variance is necessary, the Applicant must demonstrate, as follows: a. ) Connection to Town sewer is not available. b. ) Enforcement of the regulation would do manifest in justice; and further, that the installation of on-site sewerage disposal system would not have a significant adverse effectublic or f� surface or sub-surface P private water resources. on c. ) In its deliberations the Board shall consider direction of ground water flow, population, density, soil conditions, depth to ground water, size, shape and slope of the Lot, existing and known future water supplies. 3 . 3 . 1 With respect . to the specific requirements for Variance from the Interim Regulation, the Applicant avers, as follows: a. ) A town . sewer connection is not obtainable (see through "l.lo", supra) . a� � b. ) Enforcement of the regulation would do manifest injustice to the Applicant for the following reasons: (i) the Department of Public Works, as a result of a mandate imposed by the Department of Environmental Quality Engineering and the Secretary of Environmental Affairs, has adopted the Policy which will not permit the Applicant to extend and connect to the Town of Barnstable sewer, (ii) the Applicant is deprived of any economic use of this prime commercial property if the Board does not see fit to allow this Variance request and permit the t� on-site disposal system substantially as proposed by the Applicant. (iii) The Policy of the Department was developed as a result of an alleged incapacity of the Town Wastewater Treatment Plan to accommodate additional sewage and not due to any condition arising as a result of Applicants proposed Project. 7 c. ) Considering the factos suggested for review by the Board installatio n of the o proposed n site s stem y will tw have a significant adverse effect on existing or known future on r� surface or subsurface public or private water resourses. i) all areas within one mile of the subject premises, and the subject premises itself, are served by public water supply mains; they project is located at the southern periphery of the Zone of Contribution" in which the Project is located; iii) the topography of the project flows in a southerly direction away from the public supply wells for which the zones of contribution are established; iv) the nitrate-nitrogen calculations pertaining to the Project indicate a resultant nitrate-nitrogen discharge of 4 .82 parts per million, less than the 5 ppm maximum prescribed by the Cape Cod Planning and Economic Development Commission cited in the Regulation, v) the proposed septic systems will be considerably above the groundwater table, vi) both systems are designed to handle a capacity in excess of- that prescribed in (310 CMR 15. 02) , vii) the Department Policy indicates that the Town of Barnstable Waste Water Treatment Facility on Bearse's Way in Hyannis is incapable. of handling additional sewerage. Groundwater studies conducted for the Town have indicated' that a plume has developed and is extending in a general southerly direction from the Waste Water Treatment Facility. The on-site system as proposed by the Applicant is over- designed so as to produce a minimal impact on the groundwater and the general environment and avoid increases the load on the existing municipal facility unless and until it is designed and improved to accept the effluent discharged from the Project. 4 . Based on the foregoing facts and documentation, it is the Applicant's request that the Board determine"as follows: 4 . 1 That the facts and documentation contained in this memorandum and pertaining to the Project are sufficient to allow the Board to approve the request for Variance from the Groundwater Protection Regulation pursuant to the Plan referred 8 to in 1. 1 of this Memorandum and said Variance is so granted for construction of the subsurface disposal system for the Project as shown on the Plan. 4.2 That on the basis of the facts and documentation contained in this Memorandum and pertaining to the Project the Applicant does not need a Variance from the Interim Regulation since it has expired. 4.3 That on the basis of the facts and documentation contained in this Memorandum and pertaining to the Project since the concentration of nitrate-nitrogen in groundwater resulting from the Project will not exceed 5 mg./1. as prescribed in the Regulation. 4 . 4 That the facts and documentation contained in this memorandum and pertaining to the Project are sufficient to approve the request for Variance from the Interim Regulation ' pursuant to the Plan referred to in 1.1 of this Memorandum and said Variance is so granted for construction of the subsurface disposal system for the Project as shown on the Plan. 4 . 5 That upon submission of properly engineered plans substantially in the form of the design set forth on the Plan and stamped by a Registered Professional Engineer, the appropriate filing of the application and upon payment of the prescribe the Board will issue a disposal works construction permit ford the Project pursuant to the Plan so as to permit construction of the disposal system delineated on the Plan. Respe fully ubmitted, D e B ' ezikian By Her A torney, Henry L. Murphy, r. syml\hlm\11-15-88 No. 5 9 f Dbl:o.�i C11t;L..1VC JCPLCILUCI O, 1.1UJ, G1 l.Cl UC111e, JJUU11JL1CU 111 L11C 111C Di 1:116 LcW raLr I U L 1 � P��FTHET��` TOWN OF ARNSTABLE • OFFICE OF e AIL BOARD OF HEALTH rasa oa i639. �o VA*f k` 367 MAIN STREET HYANNIS, MASS. o26oi GROUND WATER PROTECTION The Board of Health, Town of Barnstable, Massachusetts, in accordance with, and under the authority granted by Section 31, of Chapter 111, of the General Laws of the Commonwealth of Massachusetts, hereby adopted the following rules and regulations after a public hearing at a meeting of the Board held on Septem- ber 6, 1983. PURPOSE: The protection of ground water in the Town of Barnstable The ground resources of the Town of Barnstable are its sole source of water supply. It is now known and demonstrable that public supply wells draw water s from a substantial land area. It is known from experience that high density ;S housing can over time cause serious_deterioration of ambient group water by nitrate contamination.. It has been proven that nitrate contamination in drinking water can be a serious public health problem. Calculations performed by Cape Cod Planning and Economic Development Commis- sion indicate that housing units placed on one acre parcels will produce e the maximum recommended planning limit q, m. nitrate-nitrogen in ground- . - re - - - water. Proposed subdivisions within 3,000 feet of a municipal sewer line shall connect all building lots in the subdivision to the Town sewer if any lots in the subdivision are less than one acre and are .located within a zone of contribution to a public supply well. Zones of contribution will be determined by the Board of Health. All new multi-family dwellings within a zone of contribution to a public supply well within 3000 feet of a municipal sewer line shall connect to the public sewer. All new commercial structures within a zone of contribution to a public supply well within 3000 feet of a municipal sewer ine shall connect to public sewer. —~�-- - Outside of the Zones of Contribution to Public Supply Wells, any new construc- tion on lots of less than 1 acre that are within 3000 feet of a sewer line shall be considered for mandatory connection to said line if the Board of Health determines that onsite sewage disposal systems will contribute to the degradation of the water quality of private wells lakes,' ponds or coastal embayments. i y VARIANCES to the regulation may be granted by the Board of Health after a hearing during which the applicant proves that the installation of onsite sewage disposal fiyti� systems will not have a significant adverse affect on surface or subsurface public or private water resources. The Board in granting variances will consider if strict interpretation of this regulation would do manifest injustice to the applicant; however, the applicant must demonstrate that the same degree of environmental protection required by this regulation can be achieved by other means. JRert latio is t take effect on the date of publication of this notice. L. Childs, hairm 'Ann Ja augh .� H! F. Inge, M.�,D. ` BOARD OF HEALTH, TOWN OF BARNSTABLE APPROVED) AS TO FMM Asst. Town Counsel .ti PATRIOT iHe TOWN OF BARNSTABLE v T OFFICE OF 2 a�ar�zlii 7. s Iml 19. BOARD OF HEALTH vo �6Sq \� o AF' 367 MAIN STREET HYANNIS. MASS. 02601 LEGAL NOTICE - INS FOR THE PROTECTION OF THE GROUNDWATER QUALITY WITHIN ZONES OF CONTRIBUTION TO PUBLIC SUPPLY WELLS The Board of Health, Town of Barnstable, Massachusetts, in accordance with and under the au- thority granted by Section 31, of Chapter 111, of the General Laws of the Commonwealth of Massachusetts, hereby adopted the following rules and regulations after a public hearing at a meeting of the Board held on February 19, 1985: PURPOSE The initial findings of a townwide hydrogeologic investigation indicate �j. build-up ofula of the Town's water supply may be in jeopardy from the long term nitrate-nitrogen, primarily from the subsurface discharge of sewage effluent. It has been proven that nitrate contamination in drinking water can be a serious public health problem. Based on these findings, three of the nine zones of contribution to public supply wells are considered to be "at risk" zones requiring. immediate measures to mitigate the adverse impacts to the groundwater from such discharges. These regulations are temporary and .will be in effect only until the Town ado is a ground water and water resource protection program. P RESTRICTIONS No permit for the construction of an individual sewage disposal system shall be granted within the zones of contribution to public supply wells identified as zones 1, 2, and 3`*pn a map entitled, "Town of Barnstable, Public Supply Wells Zone of Co prepared by SEA Consultants, Inc., Boston, Ma ritribution, dated Fe�ivary 19, 1985, and �; which map is on file with the Board of Health, unless the following standards are met: A. The maximum allowable discharge of sanitary sewage shall not exceed 330 gallons per acre per day unless the applicant demonstrates that the total concentration of nitrate-nitrogen' in -the groundwater resulting from the proposed- use will not exceed 5 mg./l. This determi- nation shall consider the total predicted concentration of nitrate-nitrogen at the down gradient property line of the lot upon which the proposed use is to be located. B. Nothing in this regulation shall prohibit the approval by the Board of Health of any appli- cation involving the maintenance, repair or alteration of an existing individual sewage disposal system, providingthat said application defined PP does not inv by existing Board of Health regulations. Where a change of involve involved,uthe se aapplican must demonstrate compliance with this regulation. Variance to this regulation may be granted by the Board of Heal demonstrate that: th only if the applicant can I. Connection to Town sewer is not avaiIable; and 2. That enforcement thereof would do manifest injustice; however, the applicant must prove that the installation of on-site sewage disposal systems will not have a significant adverse effect on surface or sub-surface public or private water resources. :-K �r:; ?�N:t�t�1tK•4tZti U LATIUN (Continued) In granting variances, the Board shall take into consideration the direction of the ground water flow, population density, ty, soil conditions, depth to ground water, size, shape -and slope of the lot, existing and known future water supplies and other information deemed pertinent. Thi re lation is to take fect on the date of publication of this notice. bert L. C ds, C ai ma Ann Jae shbaugh APPF rover . Farr BOARD OF HEALTH Town Cou. se! TOWN OF BARNSTABLE ~tip• , TOWN OF BARNSTABLE INTERI1d SEWER CONNECTION POL1Cy APRIL 1988 AS REVISED MAY 18, 1988 ? Whereas the Secretary of Environmental Affairs has ordered that the Tow of Barnstable re n prepare an Environmental Impact Report (EIR) under the provisions Of the Massachusetts Environmental Policy Act (MEPA) before the Town proceeds to implement the recommendations of the 1987 Wastewater Management whereas that order prohibits the increase in volume of sewage to Plan and Wastewater Treatment facilityg be treated at the . (WWTF) and whereas the effectiveness of the nitrification/denitrification process currently employed by the WWTF will be substantially reduced, if not destroyed, with any appreciable incr ease in volume of sewage, the following Interim Sewer Connection Policy is established by the Barnstable Department of Public Works. A. Sewer System Extension Projects. � Projects involving an extension • to A the sewer system, as it currently exists, shall be limited to those which: I. Require approval to proceed from the Secretary of Environme ntal Affairs through the MEPA process and have either been granted such approval or receive approval of a request currently pending action by the Secretary, and the conditions, if any, placed on the approval to proceed can be accommodated, and :3 2. Have either been issued a DEQE and/or Town permit or are issued a permit for an approved project which is currently pending such issuance. All other projects Involving an extension to_the currently existing sewer system shall be disapproved. - 2 - B. Sewer Connection Projects. Projects requiring a new connection(s) to the sewer system as it currently exists or to extensions thereof as is described in "A" above shall be limited to those which: �i 1. Require the approval of the Secretary of Environmental Affairs and such approval has been received or, in the case of those currently pending his action, Is received and the conditions, if any, placed on the approval can be accommodated_ 2. Require the issuance of a permit from DEQE, and such permit .4.� I has been issued or, in the case of those currentl • y pending action by DEQE, is issued. 3. -Do not require approval of MEPA and/or DEQE or are not effected by any special conditions imposed on the system by either MEPA or DEQE and occupy property that is located in an area served .. by the sewer and its continued or future intended use is contingent on the owners complying with an order issued by the Board of Health to connect to the sewer or, in the case of properties located in Area S (Southeast Hyannis), are specifically authorized to connect to the sewer in order to provide a volume of wastewater flow sufficient to ensure proper operation of the system. All other requests involving a new connection to the sewer system shall be disapproved. .... C.' Increased Sewage Discharge. Projects Involving a change in use of a property, either connected to the sewer or located In an area served by the existing - 3 - sewer system requiring connection as a condition of approval by the Board of Health, which will result in a volume of wastewater beyond y reasonable limits (25 percent) of the higher of either that being discharged under the current use or that which could be expected under current zoning shall not be allowed. D. Water Conservation Measures. In addition to any conditions imposed by either the Secretary of Environmental Affairs or DEQE, Town level approval of projects shall be conditioned on the use of water saving devices, The a only exception to this requirement shall pertain to existing 'residential structures which are under or come under order of the Board of Health to connect to the sewer system as outlined in "B.3." above. However, owners of structures in this category shall be encouraged to install such devices. It must be recognized that beyond the present constraints applied by way of the MEPA EIR process, a finite capacity to dispose of sewage, effluent from the Wastewater Treatment plant exists and that the probability of accommodating sewage volume in excess of that stated in the Town's Draft Groundwater Discharge Permit (4.2 mgd) is unlikely. A significant increase in the sand filter bed area or the inclusion of another form of effluent disposal is required in order to expand the plant's capacity. Given this constraint, and afar more sophisticated understanding of the need to protect the Town's public water supply and to eliminate threats to the public health caused by failing on-site systems, the sewer service area called for in the 1987 Wastewater Management Plan is significantly reduced from that which was envisioned in a predecessor plan developed in 197I. The attached "Wastewater Flow Allocations" chart shows the Paan's projected assignment of the WWTF's maximum allowed capacity. The development of a town-wide Sewer Facilities Plan is about to begin under the ,direction of the Massachusetts DEQE, Among the more, critical issues which r. it will address are the effluent disposal limitations described ab ove e an d th e e. groundwater contamination potential at the WW attendant TF. The Plan may provide the an to expanding the facility's capacity; however, it could als on Its use. o place further restrictions AIthough the probability of this occurring is not known at this time owners should be aware of this property . Possibility and should not ass permits ume that sewer dischar e will be issued at will u g pon the completion of the EIR or the Facilities Plan. Furthermore, notwithstanding the Plan's determination allowable capacity. regarding the WWTF,s maximum t is the likelihood that significant improvement called for in the Plan wil-I have to be implemented s expected to be p before it is authorized to beyond the volume of sewage currently being treated. g° much t HENRY L. MURPHY, JR. MURPHY AND MURPHY TELEPHONE J. DOUGLAS MURPHY (508)775-3116 COUNSELLORS AT LAW FAX G. ARTHUR HYLAND, JR. 243 SOUTH STREET (508)775-3720 LOCK DRAWER M HYANNIS, MASSACHUSETTS 02601 NOTARY PUBLIC REPLY OUR FILE NO. November 15, 1988 9 Mr. Thomas McKean Board of Health Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: Route 132 Real Estate Trust (Christmas Tree Shops, Inc. ) Dear Tom: Enclosed please find four (4) copies a brief memorandum in support of the Petition for Variance filed by Doreen Bilezikian, Trustee Route 132 Real Estate Trust and scheduled for hearing this date. I hope that you have an opportunity to review this material prior to the meeting and that you will be in a position to offer the Board a favorable recommendation in connection with this request for variance. Sin rel , ry y, Jr. ° HLM:cs Sin s 4uat M- a 14 09 TOWN OF BARNSTABLE OFFICE OF BOARD OF HEALTH 367 MAIN STREET HYANNIS, MA 02601 Doreen Bilezikian, Trustee Route 132 Real Estate Trust, Applicant MEMORANDUM IN SUPPORT OF VARIANCE REQUEST 1. Doreen Bilezikian, Trustee, Route 132 Real Estate Trust, of 261 White's Path, South Yarmouth, Massachusetts (02664) (the "Applicant") . 1. 1 The Applicant proposes for development the premises comprising 9 . 16 acres of land fronting on both Route 132 and Route 28 in the Village of Hyannis shown on a plan dated 10/12/88, as revised, entitled "SUBSURFACE SEWAGE DISPOSAL PLAN" drawn by Atlantic Design Engineers, Inc. , sheets 1 and 2 (the "Plan") . At the request of Mr. McKean, the Town of Barnstable Board of Health Agent, the Applicant has submitted plans by Design Services, Inc. , each dated 10/4/88 delineating the proposed location of buildings and the existing town sewer end lines in relation to the subject premises. The development of the premises, as generally set forth on the Plan, (the "Project") , will comprise a sixty-six thousand four hundred eighty (66,480) square foot retail dry goods store shopping plaza of which Christmas Tree Shops, Inc. , will occupy thirty-five thousand eight hundred and eighty (35,880) square feet. The proposed use of the Project breaks down into sixty-three thousand one hundred and fifty-six (63, 156) square feet of retail dry goods space and three thousand three hundred and twenty-four (3 , 324) square feet of appurtanent office space. The calculations submitted to the Town of Barnstable Board of Health (the "Board") by the Applicant's design engineers indicate that the Project, as proposed, exceeds all pertinent requirements of Massachusetts Code of Regulations (310 CMR 15) . a. ) The proposed system is designed as follows: i) Applicant is constructing two (2) on-site disposal systems ("System All and "System B") which, based on the Project as proposed, will result in an aggregate nitrate-nitrogen concentration of less than 5 .parts per million (4 .82 parts per million) . ii) System A has a 1, 500 gallon tank and two (2) 12 ' X 12 ' pits and is designed to handle 1470. 26 gallons per day; and, pursuant to (310 CMR 15) the maximum proposed use for this system considering the Project use would be 943 gallons per day or 64% of capacity. iii) System B has a 4,000 gallon tank with three (3) 141X 14 ' pits and is designed to handle 3001. 8 gallons per day; and pursuant to (310 CMR 15) , the maximum capacity for this system considering the project use will be 2464 . 1 gallons per day or 82% of design capacity. iv) System A is designed 11 . 2 feet above the groundwater table and System B is designed 8 . 9 feet above the existing groundwater table. 1. 2 The Code of Massachusetts Regulations (310 CMR 15. 02) provide in pertinent part that no individual sewage disposal system or other means of sewage disposal shall be located, constructed, altered, repaired, or installed where a common sanitary sewer is accessible adjoining the property and where permission to enter such sewer can be obtained from the authority having jurisdiction over it; or, if a common sanitary sewer is not accessible, until a permit for its location, construction, alteration, repair, or installation shall have been issued by the Board of Health. 1. 3 The Applicant filed its Plan in order to obtain a disposal works construction permit for the proposed subsurface sewage disposal system to be constructed at the Project as delineated on the Plan. 1.4 The Board, pursuant to Massachusetts General Law, Chapter 111, Section 31 has adopted two regulations which may impact the Applicant's request for a disposal works construction permit as follows: a. ) Groundwater Protection Regulation, adopted September 6, 1983 ("the Groundwater Protection Regulation") , hereto attached as Exhibit "A" . b. ) Interim Regulation for the Protection of Groundwater Quality within Zones of Contribution to Public Supply Wells, adopted February 19, 1985 (the "Interim Regulation") , hereto attached as Exhibit "B" . 1. 5 By virtue of the Town of Barnstable Charter, the Department of Public Works of the Town of Barnstable (the "Department") is the authority having jurisdiction over the common sanitary sewer within the Town of Barnstable. (Town of Barnstable Charter, Article XVI) . 1. 6 The Department adopted an "Interim Sewer Connection Policy 2 April 1988, as revised May 18, 198811 , (the "Policy") a copy of which is attached hereto as Exhibit "C". The Department Policy provides in pertinent part, as follows: "A. Sewer System Extension Projects. Projects involving an extension to the sewer system, as it currently exists, shall be limited to those which: 1. Require approval to proceed from the Secretary of Environmental Affairs through the MEPA Process and have either been granted such approval or receive such approval of a request currently pending action by the Secretary, and the conditions, if any, placed on the approval to proceed can be accommodated, and 2 . Have either been issued a DEOE and/or Town permit, or are issued a permit for an approved project which is currently pending such issuance. 3 . All other projects involving an extension to the currently existing sewer system shall be disapproved. " (emphasis supplied) . 1. 7 Your Applicant refers to the plan dated 11/4/88 filed with this Board delineating the current location of the Town of Barnstable sewer mains and suggests that reference to that plan will indicate that an extension of approximately 1, 000 feet of these sewer mains would be required in order to connect the premises to the common sanitary sewer of the Town. 1. 8 No application for a "sewer permit" is pending with the Secretary of Environmental Affairs for the Commonwealth of Massachusetts, the Commonwealth of Massachusetts Department of Environmental Quality Engineering, or the Department. Accordingly, the Appellant avers that she is prohibited from obtaining an extension of the Town of Barnstable sewer to the Project as a result of the Policy. 1. 9 Further, even if no extension of the sewer were required, the Policy further provides, as follows: "B. Sewer Connection Projects. Projects requiring a new connection(s) to the sewer system as it currently exists for or to extensions thereof as is described in "A" above shall be limited to those which: 3 1. Require the approval of the Secretary of j Environmental Affairs and such approval has been received or, in the case of those currently pending his action, is received and the conditions, if any, placed on the approval can be accommodated. 2 . Require the issuance of a permit from DEQE, and such permit has been issued or, in the case of those currently pending action by DEQE, is issued. 3 . Do not require approval of MEPA and/or DEQE or are not affected by any special conditions imposed on the system by either MEPA or DEQE and occupy property that is located in an area served by the sewer and its continued or future intended use is contingent on the owners complying with an order issued by the Board of Health. . . (Since the proposed system is to accommodate more than 2, 000 gallons per day a DEQE permit would be required; All other requests involving a new connection to the sewer system shall be disapproved. " (emphasis supplied) . 1. 10 The only other sewer line in proximity to the Project is a private, forced-main line as to which (i) the Department has indicated it will not permit any additional connections, and (ii) the Applicant has no right of access to said line or to use of the private pumping station through which said main flows. Further pursuant to Section "B" of the Policy supra the Department will not permit such a connection. 2 . The Groundwater Protection Regulation requires all new commercial structures within a zone of contribution to a public supply well within 3, 000 feet of a municipal sewer line to connect with the public sewer. 2 . 1 The Regulation indicates that the Board of Health is authorized to grant a Variance from the Regulation after Hearing, during which the Applicant proves, the following: a. ) That the installation of on-site sewerage disposal systems will not have a significant adverse effect on surface or subsurface private or public well resources. b. ) That a strict interpretation of the regulation would do manifest injustice to the Applicant, and c. ) That the same degree of environmental protection required by the regulation can be achieved by other means. 4 2 . 2 The express purpose of the foregoing regulation is to "avoid high density housing which can, over time, cause serious deterioration of ambient groundwater by nitrate contamination" . The regulation further states that calculations performed by Cape Cod Planning and Economic Development Commission indicate that housing units placed on one acre parcels will produce the maximum recommended planning limit of five parts per million nitrate- nitrogen in groundwater (emphasis supplied) . 2 .2 . 1 With respect to the specific requirements for Variance from the Groundwater Protection Regulation, the Applicant avers as follows: a. ) The denial of the Applicant's request would result in manifest injustice to Applicant. (i) the Department of Public Works, as a result of a mandate imposed by the Department of Environmental Quality Engineering and the Secretary of Environmental Affairs, has adopted the Policy which will not permit the Applicant to extend and connect to the Town of Barnstable sewer, (ii) the Applicant is deprived of any economic use of this prime commercial property if the Board does not see fit to allow this Variance request and permit the on-site disposal system substantially as proposed by the Applicant. (iii) The Policy of the Department was developed as a result of an alleged incapacity of the Town Wastewater Treatment Plant to accommodate additional sewage and not due to any condition arising as a result of Applicants proposed Project. b. ) The installation of an on-site sewerage disposal system at the Project, will not have a significant adverse effect on surface or subsurface, public or private resources and will result in the same degrees of environment protection as would result if Applicant were to connect to the Town sewer. i) all areas within one mile of the subject premises, and the subject premises itself, are served by public water supply mains, ii) the project is located at the southern periphery of the "Zone of Contribution" in which the Project is located, iii) the topography of the project flows in a southerly 5 direction away from the public supply wells for which the zones of contribution were established, iv) the nitrate-nitrogen calculations pertaining to the Project indicate a resultant nitrate-nitrogen discharge of 4 .82 parts per million (ppm) , less than the 5 mg./l. maximum prescribed by the Cape Cod Planning and Economic Development Commission cited in the Regulation, v) the proposed septic systems will be considerably above the groundwater table, vi) both systems are designed to handle a capacity in excess of that prescribed in (310 CMR 15. 02) , vii) the Department Policy indicates that the Town of Barnstable Waste Water Treatment Facility on Bearse's Way in Hyannis is incapable of handling additional sewerage. Groundwater studies conducted for the Town have indicated that a plume has developed and is extending in a general southerly direction from the Waste Water Treatment Facility. The on-site system as proposed by the Applicant is over- designed so as to produce a minimal impact on the groundwater and the general environment. 3 . Next, the Appellant refers to the Interim Regulation and admits that the Project lies within Zone 3 on the map entitled "Town of Barnstable Public Supply Wells Zone of Contribution" dated February 19, 1985. 3 . 1 However, for the following reasons the Applicant feels that the Interim Regulation should not prohibit the Project. a. ) The purpose clause of the regulation indicates that the "regulations are temporary and will be in effect only until the Town adopts a groundwater and water resource protection program" . The Applicant avers that pursuant to Town Meeting held November 7, 1987, the Town amended Chapter III, Article III of its Zoning By-Laws by inserting therein "Section 3- 5.2 Groundwater Protection Overlay Districts" and at the same meeting amended Chapter III of its General By-Laws by adding at the end thereof, a new Article entitled "Regulation of Wastewater Discharge" . The latter By-Law provides in pertinent part, Section 3 , Standards 3-1 that the maximum allowable wastewater discharge within a zone of contribution should not exceed 380 gallons per acre per day. It would seem that the adoption of the Amendment to the Town Zoning By-Law and the Amendment to the General By-Laws of the Town fulfill the express purpose for the adoption of the Interim Regulation thus obviating the Interim Regulation. 6 b. ) The design engineer's nitrate-nitrogen calculations pertaining to the Project as shown on the Plan indicate a concentration of 4 .82 parts per million, which amount is less than the maximum allowable discharge the 5 mg./i. perscribed in Section "A" of the Interim Regulation. The Regulation indicates that discharge shall be limited to 330 gallons per day "unless" the applicant demonstrates that the said concentration will not exceed 5 mg./l. . 3 .2 Accordingly, on the basis of the foregoing factors, the Applicant believes that no request for Variance from the Interim Regulation is necessary. 3 . 3 If the Board deems that a Variance is necessary, the Applicant must demonstrate, as follows: a. ) Connection to Town sewer is not available. b. ) Enforcement of the regulation would do manifest in iustice; and further, that the installation of on-site sewerage disposal system would not have a significant adverse effect on surface or sub-surface public or private water resources. c. ) In its deliberations the Board shall consider direction of ground water flow, population, density, soil conditions, depth to ground water, size, shape and slope of the Lot, existing and known future water supplies. 3 . 3 . 1 With respect to the specific requirements for Variance from the Interim Regulation, the Applicant avers, as follows: a. ) A town sewer connection is not obtainable (see 111. 5" through "1. 10", supra) . b. ) Enforcement of the regulation would do manifest injustice to the Applicant for the following reasons: (i) the Department of Public Works, as a result of a mandate imposed by the Department of Environmental Quality Engineering and the Secretary of Environmental Affairs, has adopted the Policy which will not permit the Applicant to extend and connect to the Town of Barnstable sewer, (ii) the Applicant is deprived of any economic use of this prime commercial property if the Board does not see fit to allow this Variance request and permit the on-site disposal system substantially as proposed by the Applicant. 7 (iii) The Policy of the Department was developed as a result of an alleged incapacity of the Town Wastewater Treatment Plan to accommodate additional sewage and not due to any condition arising as a result of Applicants proposed Project. c. ) Considering the factors suggested for review by the Board, installation of the proposed on-site subsurface disposal system will not have a significant adverse effect on existing or known future on surface or subsurface public or private water resourses. i) all areas within one mile of the subject premises, and the subject premises itself, are served by public water supply mains; ii) the project is located at the southern periphery of the "Zone of Contribution" in which the Project is located; iii) the topography of the project flows in a southerly direction away from the public supply wells for which the zones of contribution are established; iv) the nitrate-nitrogen calculations pertaining to the Project indicate a resultant nitrate-nitrogen discharge of 4.82 parts per million, less than the 5 mg./i. maximum prescribed by the Cape Cod Planning and Economic Development Commission cited in the Regulation, v) . the proposed septic systems will be considerably above the groundwater table, vi) both systems are designed to handle a capacity in excess of that prescribed in (310 CMR 15. 02) , vii) the Department Policy indicates that the Town of Barnstable Waste Water Treatment Facility on Bearse' s Way in Hyannis is incapable of handling additional sewerage. Groundwater studies conducted for the Town have indicated that a plume has developed and is extending in a general southerly direction from the Waste Water Treatment Facility. The on-site system as proposed by the Applicant is over- designed so as to produce a minimal impact on the groundwater and the general environment and avoid increases the load on the existing municipal facility unless and until it is designed and improved to accept the effluent discharged from the Project. 8 1 (iii) The Policy of the Department was developed as a result of an alleged incapacity of the Town Wastewater Treatment Plan to accommodate additional sewage and not due to any condition arising as a result of Applicants proposed Project. c. ) Considering the factors suggested for review by the Board, installation of the proposed on-site subsurface disposal system will have a significant adverse effect on existing or known future on surface or subsurface public or private water resourses. i) all areas within one mile of the subject premises, and the subject premises itself, are served by public water supply mains; ii) the project is located at the southern periphery of the "Zone of Contribution" in which the Project is located; iii) the topography of the project flows in a southerly direction away from the public supply wells for which the zones of contribution are established; iv) the nitrate-nitrogen calculations pertaining to the Project indicate a resultant nitrate-nitrogen discharge of 4 .82 parts per million, less than the 5 mg./1. maximum prescribed by the Cape Cod Planning and Economic Development Commission cited in the Regulation, v) the proposed septic systems will be considerably above the groundwater table, vi) both systems are designed to handle a capacity in excess of that prescribed in (310 CMR 15. 02) , vii) the Department Policy indicates that the Town of Barnstable Waste Water Treatment Facility on Bearse' s Way in Hyannis is incapable of handling additional sewerage. , Groundwater studies conducted for the Town have indicated that a plume has developed and is extending in a general southerly direction from the Waste Water Treatment Facility. The on-site system as proposed by the Applicant is over- designed so as to produce a minimal impact on the groundwater and the general environment and avoid increases the load on the existing municipal facility unless and until it is designed and improved to accept the effluent discharged from the Project. 8 4 . Based on the foregoing facts and documentation, it is the Applicant's request that the Board determine as follows: 4 . 1 That the facts and documentation contained in this memorandum and pertaining to the Project are sufficient to allow the Board to approve the request for Variance from the Groundwater Protection Regulation pursuant to the Plan referred to in 1. 1 of this Memorandum and said Variance is so granted for construction of the subsurface disposal system for the Project as shown on the Plan. 4 . 2 That on the basis of the facts and documentation contained in this Memorandum and pertaining to the Project the Applicant does not need a Variance from the Interim Regulation since it has expired. 4 . 3 That on the basis of the facts and documentation contained in this Memorandum and pertaining to the Project the Applicant does not need a Variance from the Interim Regulation since the concentration of nitrate-nitrogen in groundwater resulting from the Project will not exceed 5 mg./l. as prescribed in the Regulation. 4 .4 That the facts and documentation contained in this memorandum and pertaining to the Project are sufficient to approve the request for Variance from the Interim Regulation pursuant to the Plan referred to in 1. 1 of this Memorandum and said Variance is so granted for construction of the subsurface disposal system for the Project as shown on the Plan. 4 . 5 That upon submission of properly engineered plans substantially in the form of the design set forth on the Plan and stamped by a Registered Professional Engineer, the appropriate filing of the application and upon payment of the prescribed fee the Board will issue a disposal works construction permit for the Project pursuant to the Plan so as to permit construction of the disposal system delineated on the Plan. Resp tful Submitted, reen i ezi i By Her Attorney, Henry L. Murphy, Jr. syml\hlm\11-15-88 No. 6 9 !Seca:.-,. etZeCLIVe Depcemutr O, IVOj2 Gllcl wcl.ay6 �uul��•� i ' " i"c "''``r" i I • TOWN OF ARNSTAHLE �F t}I E Q OFFICE OF SMUM e"AAX&MAii BOARD OF HEALTH y�vo�1639• �e� 367 MAIN STREET 'FO YA(k• HYANNIS, MASS. 02601 GROUND WATER PROTECTION The Board of Health, Town of Barnstable, Massachusetts, in accordance with, and under the authority granted by Section 31, of Chapter 111, of the General Laws of the Commonwealth of Massachusetts, hereby adopted the following rules and regulations after a public hearing at a meeting of the Board held on Septem- ber 6, 1983. PURPOSE: The protection of ground water in the Town of Barnstable The ground resources of the Town of Barnstable, are its sole source of water supply. It is now known and demonstrable that public supply wells draw water from a substantial land area. It is known from experience that high density housing can over time cause serious deterioration of ambient group water by nitrate contamination. It has been proven that nitrate contamination in drinking water can be a -serious public health problem. Calculations performed by Cape Cod Planning and Economic Development Commis- sion indicate that ho sing units vlaced on one acre parcels-will produce the maximum recommended planning limit of_ ppm. nitrate-nitrogen in ground- . water. Proposed subdivisions within 3,000 feet of a municipal sewer line shall connect all building lots in the subdivision to the Town sewer if any lots in the subdivision are less than one acre and are .located within a zone s of contribution to a public supply well. Zones of contribution will be determined by the Board of Health. All new multi-family dwellings within a zone of contribution to a public supply well within 3000 feet of a municipal sewer line shall connect to the public sewer. All new commercial structures within a zone of contribution to a public supply well within 3000 feet of a municipal sewer line shall connect to public sewer. Outside of the Zones of Contribution to Public Supply Wells, any new construc- tion on lots of less than 1 acre that are within 3000 feet of a sewer line ' shall be considered for mandatory connection to said line if the Board of r9 Health determines that onsite sewage disposal systems will contribute to the degradation of the water quality of private wells, lakes; ponds or coastal embayments. VARIANCES to the regulation may be granted by the Board of Health after a hearing during which the applicant proves that the installation of onsite sewage disposal systems will not have a significant adverse affect on surface or subsurface public or private water resources. The Board in granting variances will consider if strict interpretation of this regulation would do manifest injustice to the applicant; however, the applicant must demonstrate that the same degree of environmental protection required by this regulation can be achieved by other means. i latio is td take effect on the date of publication of this notice. R ert L. Childs, hairm Ann Jai augh .57 H: F. Inge, M.K.D. BOARD OF HEALTH' TOWN OF BARNSTABLE APPROVED AS 70 . Asst. Town Counsel I t 7t. a r rj PATRIOT " •+ THE TD` 1 ' .;a TOWN OF BARNSTABLE v �• 1"1/Cam• f t = e o OFFICE OF axaY�z� _ BOARD OF HEALTH 0 16 39• � o HAY kN 367 MAIN STREET HYANNIS, MASS. 02601 LEGAL NOTICE - INT-EiUtr=UUMMUN FOR THE PROTECTION OF THE GROUNDWATER QUALITY WITHIN ZONES OF CONTRIBUTION TO PUBLIC SUPPLY WELLS The Board of Health, Town of Barnstable, Massachusetts, in accordance with and under the au- thority granted by Section 31, of Chapter 111, of the General Laws of the Commonwealth of Massachusetts, hereby adopted the following rules and regulations after a public hearing at a meeting of the Board held on February 19, 1985: PURPOSE The initial findings of a townwide hydrogeologic investigation indicate that a substantial portion_ 1. of the Town's water supply may be in jeopardy from the long term build-up of nitrate-nitrogen, primarily from the subsurface discharge of sewage effluent. It has been proven that nitrate contamination in drinking water can be a serious public health problem. Based on these findings, three of the nine zones of contribution to public-supply wells are considered to be "at risk" zones requiring. immediate measures to mitigate the adverse impacts to the groundwater from such discharges. These regulations are temporary and will be in effect only until the Town adopts a ground water and water resource protection program. RESTRICTIONS No permit for the construction of an individual sewage disposal system shall be granted within the. zones of contribution to public supply wells identified as zones 1, 2, and 3�n a map entitled, ;a "Town of Barnstable, Public Supply Wells Zone of Contribution, dated February 19, 1985, and -.+ prepared by SEA Consultants, Inc., Boston, Ma., which map is on file with the Board of Health, unless the following standards are met: A. The maximum allowable discharge of sanitary sewage shall not exceed 330 gallons per acre per day unless the applicants demonstrates that the total concentration of nitrate-nitrogen' in -the groundwater resulting from the proposed- use will not exceed 5 mg./I. This determi- nation shall .consider the total predicted concentration of nitrate-nitrogen at the down gradient property line of the lot upon which the proposed use is to be located. B. Nothing in this regulation shall prohibit the approval by the Board of Health of any appli- cation involving the maintenance, repair or alteration of an existing individual sewage disposal system, providing that said application does not involve a change of use as defined by existing Board of Health regulations. Where a change of use is involved, the applicant must demonstrate compliance with this regulation. Variance to this regulation may be granted by the Board of,.Uealth only if the applicant can demonstrate that: 1. Connection to Town sewer is not available; and , •,.,. . 2. That enforcement thereof would do manifest injustice; however, the applicant must prove that the installation of on-site sewage disposal systems will not have a significant adverse effect on surface or sub-surface public or private water resources. -..� ��•r stv:t'�t�tM• xbv u LA'1'lUN (Continued) In granting variances, the Board shall take Into consideration the direction of the ground water flow, population density, soil conditions, depth to ground water, size, shape and slope of the lot, existing and known future water supplies and other information deemed pertinent. dJJ ation is to take fect on the date of publication of this notice. C ds, C ai ma shbaugh APPF A T FG0+ rover . rarr BOARD'OF HEALTH Town Coy. sel TOWN OF BARNSTABLE . L s . TOWN OF BARNSTABLE INTERIM SEWER CONNECTION POLICY APRIL 1988 AS REVISED MAY 18, 1988 Whereas the Secretary of Environmental Affairs has ordered that the Town of Barnstable prepare an Environmental Impact Report (EIR) under the provisions of the Massachusetts Environmental Policy Act (MEPA) before the Town proceeds to implement the recommendations of the 1987 Wastewater Management Plan and whereas that order prohibits the increase in volume of sewage to be treated at the Wastewater Treatment facility (WWTF) and whereas the effectiveness of the nitrification/denitrification process currently employed by the WWTF will be 3 substantially reduced, if not destroyed, with any appreciable increase in volume of sewage, the following Interim Sewer Connection Policy is established by the Barnstable Department of Public Works. A. Sewer System Extension Projects. Projects involving an extension to the sewer system, as it currently exists, shall be limited to those which: 'F I. Require approval to proceed from the Secretary of Environmental Affairs through the MEPA process and have either been granted such approval or receive approval of a request currently pending action by the Secretary, and the conditions, if any, placed on the approval to proceed can be accommodated, and 2. Have either been issued a DEQE and/or Town permit or are issued a permit for an approved project which is currently. pending such issuance. All other projects involving an extension to the currently existing sewer system „� shall be disapproved. . - 2 - B. Sewer Connection Projects. Projects requiring a new connection(s) to the sewer system as it currently exists or to extensions thereof as is described in "A" above shall be limited to those which: 1. Require the approval of the Secretary of Environmental Affairs and such approval has been received or, in the case of those currently pending his action, is received and the conditions, if any, placed on the approval can be accommodated_ 2. Require the issuance of a . permit from DEQE, and such permit has been issued or, in the case of those currently pending action by DEQE, is issued.. 3. Do not require approval of MEPA and/or DEQE or are not effected by any special conditions imposed on the system by either MEPA or DEQE and occupy property that is located in an area served by the sewer and its continued or future intended use is contingent on the owners complying with an order issued by the Board of Health to connect to the sewer or, in the case of properties located in Area S (Southeast Hyannis), are specifically authorized to connect to the sewer in order to provide a volume of wastewater flow sufficient to ensure proper operation of the system. ` All other requests involving a new connection to the sewer system shall be disapproved. C.* Increased Sewage Discharge. Projects involving a change in use of a property, either connected to the sewer or located in an area served by the existing - 3 - sewer system requiring connection as a condition of approval by the Board of Health, which will result in a volume of wastewater beyond reasonable limits (25 percent) of the higher of either that being discharged under the current use or that which could be expected under current zoning shall not be allowed. D. Water Conservation Measures. In addition to any conditions imposed by either. the Secretary of Environmental Affairs or DEQE, Town level approval of projects shall be conditioned on the use of water saving devices. The only exception to this requirement shall pertain to existing residential structures which are under or come under order of the Board of Health to connect to the sewer system as outlined in "B.3." above. However, owners of structures in this category shall be encouraged to install such devices. It must be recognized that beyond the present constraints applied by way of the MEPA EIR process, a finite capacity to dispose of sewage effluent from the Wastewater Treatment plant exists and that the probability of accommodating sewage volume• in.excess of that stated in the Town's Draft Groundwater Discharge Permit (4.2 mgd) is unlikely. A significant increase in the sand filter bed area or the inclusion of another form of effluent disposal is required in order to expand the plant's capacity. Given this constraint, and a far more sophisticated understanding of the need to protect the Town's public water supply and to eliminate threats to the public health caused by failing on-site systems, the sewer service area called for in the 1987 Wastewater Management Plan is significantly reduced from that which was envisioned in a predecessor plan developed in 1971. The attached "Wastewater Flow Allocations" chart shows the Plan's projected assignment of the WWTF's maximum allowed capacity. The development of a town-wide Sewer Facilities Plan is about to begin under i the -direction of the Massachusetts DEQE. Among the more, critical issues which - 4 - it wiII address are the effluent disposal limitations described above a . . groundwater contamination potential at the WWTF, and the attendant The Plan may to expanding the facility's capacity; howe Y Provide the answers ver, it could also place further restrictions on its use. Although the probability of this occurring is not known at owners should this time, property be aware of this possibility and should not assume that sew Permits will be issued at will upon the er discharge f on completi o the EIR. or the F aciliti Furthermore an the PIan regarding t es Plan_ • g s determination re, g g the WWTF s maximum allowable capacity. is the likelihood that significant im rover P ents expected to be called for in the Plan will have to be implemented before it is authorized to beyond the volume of sewage currently being treated. go much Atlantic (508) 888-9282 • FAX 888-5859 DESIGN ENGINEERS, INC. P.O, Box 1051 • Sandwich, Massachusetts 02563 November 9, 1988 Mr. Thomas A. McKean D.irEctor of Public Health Board of Health Town of Barnstable 367 Main Street Hyannis, MA 02601 RE. Christmas Tree Shops ADE Job No. 664.0 Dear N r. McKean Enclosed please find revised septic system calculations for the proposed Christmas Tree Shopping Mall. The possible 1800 SF addition has been removed from the septic system calculations to alleviate any confusion regarding the discharge rate of 380 gal/acre/days We have also provided calculations which prove that less than 380 gal/acre/day ,ill. be- discharged by the proposed mall. If you have any questions or comments regarding this or need more information, please do not hesitate to contact me. Very truly yours, ATIANUTC CDESIGNENGINEERS, INC. C� ` Carol A. Paone Project ect Engineer CAP/nm Enclosure Faunce Corner Office Park 221 E. Main St., Suite 205 86 Faunce Corner Rd. • Suite 410 Engineers, Surveyors & Planners Milford, MA 01757 N. Dartmouth, MA 02747 (508)478-2206 • FAX 478-0327 (508) 997-5422 • FAX 999-4060 II JOB�QSQ /�JLTi� A)Alantic (508) 888-9282 SHEET DESIGN ENGINEERS,INC. P.O.Box 1051 •Sandwich,MA 02563 CALCULATED BY `T/',A/ OUE DATE �Z—I'AJH CHECKED BY �V Yt DATE SCALE ` `w ',',v sJ't.'V. wS G { { iA 21� 5-(�-� NSF- -- -- ------------- --- --- ISE3 S'�X��Q L l.' 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CALCULATED BY YZ S.� o►•� DATE CHECKED BY _T/�'I GJ DATE A 4. 77 y: TTII i i 1 UAL f� IPei 14 AL VAL i f i s{ Atlantic r (bOS) S88 9282 SHEET NO. n� OF ?+ DESIGN ENGINEERS,INC. P.O.Box 1051 •Sandwich,MA 02563 F._ CALCULATED BY �T!'AOnJE DATE $Z—�-8 CHECKED BY w DATE - SCALE fill a _ Tn _ t . -� tic - 3, cep ! 1 LEI_ t�C�.lAJs! ES �Fo`_�2 � _LP.2CJlisOc I I If _a �_:__52,5 4%4L_ 2-01 o i ( 1 i E I f 1 f'•{1L.. ;•, :a JOB )Atlantic (508) 888-9282 SHEET NO. � OF ' DESIGN ENGINEERS,INC. P.O.Box 1051 •Sandwich,MA 02563 CALCULATED BY `j�OIJ� DATE M7 2 1�t7a t CHECKED BY DATE i^s/Z�O gS ALE I 64 �� ��� .n �#-e,..�i f + S I fvT sr d` ... �,a, �f �. ,� .�,• Ql T4,IC p � � ! •. � C.. Y _- - G X-use k Irl Z X�i ' 1 e i I I i I I , I i I t I I � ' j 1 .I I I I ( i i Y � ■ I.��i�.�.. I , I � r I � !i I 1 , i ' I I A I I I I i NOTES: OWNER: DIMENSIONAL DATA LEGEND �o PERIMETER IS TAKEN FROM LANDCOURT ROUTE 132 REAL ESTATE TRUST REQUIRED PROVIDED TRAFFIC FLOW DIRECTION 03 FILE NO. 25266E PLAN OF LAND IN BARNSTABLE 261 WHITES PATH w SITE LOT AREA 40,d00SF 399,441 S, `� EXISTING UTILITY POLE MASS. AND SURVEY PLAN BY THOMAS E. KELLEY, SO. YARMOUTH, MA. 346 LONG POND COVERAGE- Ora 16.6% -- 14 - NUMBER OF PARKING SPACES 28 PROFESSIONAL LAND SURVEYOR, n ` � °' DRIVE, SOUTH YARMOUTH, MASS. APPLICANT, DEVELOPER BY STRUCTURES ROUTE 0 FOR BUILDING DESIGN REFER TO PLANS BY & CONTRACTOR: PARKING- HANDICAP PARKING SPACE DESIGN SERVICES INC. POLY SERVICES INC. + 429 1 SP/200SF X1 PAVED DUMPSTER AREA 1 SPC UNIT 340 ��- p - EXISTING UTILITIES TAKEN FROM PLAN BY 1001 SOUTHBRIDGE STREET (LOCATION TO BE FINALIZED v z BSC CAPE COD SURVEY CONSULTANTS WORCESTER, MA. 016 i 0 ON SITE) rv'°p0r �P �Q' D (...08) 755 - 2576 HANDICAPPED 8 > EXISTING TOPOGRAPHY IS TAKEN FROM CONTOUR 5' PAVED STRIPED WALKWAY � PLAN, CHRISTMAS TREE SHOPS, INC., HYANNIS, MA. LEGAL REPRESENTATIVE: LOT FRONTAGE 20' 464.52' X\ _7 PROPOSED STOP SIGN BY DESIGN SERVICES, INC., DATED SEPT. 6, 1988 MURPHY & MURPHY FRONT YARD 100' ,N. 131.2' � PROPOSED RIGHT TURN ONLY � M EXISTING SITE IS A VACANT LOT ZONED 243 SOUTH STREET BUSINESS/HIGHWAY BUSINESS. PROPOSED USE HYANNIS. MA. 02610 SIDE YARD 10' ;mItq. 29' M1N. ZT PROPOSED NO LEFT TURN SICK IS A COMMERCIAL SHOPPING CENTER WITH A TOTAL (508) 775 - 3116 LINK FENCE N OF 66,480 SQUARE FEET. TREES 1/8 PARKII`JG 54 —o CHAIN _ LOCUS MAP (NOT TO SCALE) ENGINEERS: SPACES 1 �-T -� EXISTING GUARD RAIL PARCEL IS LOCATED IN ZONE 1 AREA OF ( 3.6 TREES, CONTRIBUTION AND FLOOD ZONE C AS PEP, FIRP:" ATLAN TIC DESIGN ENGINEERS, INC. MAP 250001 0005 C REVISED AUG. 19, 1985 P:O. BOX 1051 SANDWICH MA. 02563 . � / LA1-0P IGFITrR CURB CUT INFORMATION ON ROUTES 28 .AND 132 , � !%iDOOR ;i� � `_ r OPPOSITE OF LOCUS FROM A PLAN ENTITLED "LAND (508) 888 - 92.8� / IviOTEL IN HYANNIS, MA FOR ROUTE 132 REAL ESTATE r1111 POOL HOLIDAY INN ""�/�/��„ EXISTING TRUST PROPOSED SITE PLAN" BY POLY SE RV! ES BUT-DI�IG / - - UTILITY PULE C t_ , INC. DATED NOVEMBER 7, 1986 TO BE RELOCATED — 668.34' - U F 72' 12 12 PR ) OS_D 25' -.- N i 2'S9 25 E EXISTING DRIVE -----� � - ` " 21 8.27' i ' FUTURE POSSIBLE i�112° I 8 57 E -CONCRETE 4vAL.l_ A V E D � / ROAD IMPROVEMENTS 20' DRIVE 21 J.G1 I ��EX!STING WITH CURB N10'46 27 E CURB _EXISTING s, S U R F A C E , 5 t _ i' / ` / BY TOWN OF BARNSTABLE 2.5' EASEMENT `�' _ _ � --I I r--=r- �l - .ASH _ � / PROPOSED I N _-- Q �� COMPAC-rOR_ O A D N �' _ ' i O�" co DECELERATION LANELERA 0 0 SJ- t- K �- �- / 1 Q } 1 ,� o 5 i _- -- / -- - i EXISTING /� j HOLIDAY �- - P A V E D '1 =' _-= J I INN SIGN - __ 8 ' �,� � n /f 9 _ - � SURFACE +� - J co / / CD __ g r �� ��C�R _ / / TRACY V.W. r Io ' `- SVA c �,PMG � / E};ISTING GUARD g' Z4_-' + - y_l�r tl�'• y POSED 400 RAIL TO 11 REMOVED PRO 24-_�-` r31' i • 20, l ---- UTILITY POLE /' ``/^r ' � EXISTING L L � PAVED d STRIPED l J / / TO BE RELOCATED WALKWAY C)Q0 ' , ,_� 1 © 6" RAISED ENTRANCE/ � � __-- � .�- �EXI,T ISLAND ® �' .. �� MAIN E�JTRANCE �/ ! 6" RAISED ENTRANCE/ --- 1 EXIT ISLAND ` �, I O �+ =`� �""` a a`UG� G PROPOSED - _-� -- '" 0�,� �-�`_ N I J n /f r_IGN _ McDONALDS _ _ -- ------' G R E E � c� ��� LArJ,�scAPE� / �- 8 ---- f ,% / S P A C E GR.F� � �� ---� ISLANDS (TYP.) w\ I , / PROPOSED �-- - _. - STOP SIGIJ - - _- -_ -- z-- -- — - - _ _ _- t � � �P.) ( b C:0'`JCRFTE � _- _-_-- ��—_ f_�----- �-- PROSIGM OSED y�C / � `` zl� _ ��• . S P ,UT!LITY POLE g A �. ���-.� ��1 f / TO BE RELOCATED c E�, d� ��_ - - g° _-- - ---- -- _ - _ C—- ; C _ - , R 0 G E R S & GRAY ALL DRAINAGE _ 1 `�_ i __ 12 ti 16 f ,,o f� l `_ TO BE CONTAINED 1 fJ 1 +°08'2 7„E -- 14 - ,-- -- 3�>1 13 ON LOT 14 _ 1 FINAL ENTRANCE/EXIT f � DESIGN ONTO ROUTE 28 TO BE APPROVED BY - - ~ SPEEDY .�2 _-- f -- _ 1--` _ r --" / MASS D.P.W. •\ � ___._- _----- � ! -� - - , -� � o �2 _ REVIEWED MUFFLER o G o� i._ � _ / -- — - ,. ,EXISTING -- EXISTING EDGE OF PAVEMENT. � Q \\ KING LANDSCAPED CHAIN LINK FENCE / �PpRO� al --- 24 BUFFER TO BE RE;_OCATEU -.� f / / \ S 14°08'26"`'v' ' 6 7 i .17 n �f %�' /fi'//i',//i!/��/ice/r, i,�l//i�/lam//i��// /�//l% �� �-Q R°! . /i%//i //� I / %// >`� CHAIN LINK 8 p� �ROBO PAVFN,IENTTO BE RESTRIPED /r/ / O.pp PI �ev-ttwe; / � � / / FENCE � , _ +� _ CARWASH TO PROVIDE DECELERATION LANE EXISTING 1EhISTINGI �0 / % % ANGEL MOTEL �z/ J�' ti,ar,,,, �ri�/, SEWER /r_ / �� '�` STEEL FRAME / EASEME� T I�� �j ONE STORY WOOD FRAME / ��,� SWIMUNG I NOTE : OFFICE I / P 30' WIDE X0 4-7:8 Required Procedures For Site Plan Revie c OOL_ � BUILDING / I%r /� / j 7) Upon completion of all work, a letter of; rtification, made upon 7 THIS DRAWING IS INTENDED F O R I I I/, know) dge and belief according to profes`sir' l standards, shall be PERMITTING PURPOSES ONLY AND IS \ sulomitt d to the Building Commissioner or his designee by a _ Registered Engineer or Registered Land Surveyor, as appropriate to �� 0 T 0 BE USED F 0 R CONSTRUCTION . the work involved, that all work has been done * substantially in compliance with the approved Site Plan, except that the Building Commissioner or his designee may certify compliance. ' } FILE NO. 664SITE Designed by : SCALE ---_ Sheet of ■ Drawn by : CHRISTMAS TREE SHOPS 1 4 1 = 40' o, ��cc �� 3 12-09-88 REVISED RTE. 132 ENTRANCE Checked by 40 0 20 40 �SS�mNAi >� 2 11-28-88 REVISED PARKING LAYOUT - � - T SITE PLAN ain I C DESIGN ENGINEERS, INC. R' 1 11-10-88 REVISED LAYOUT H YAN N I �, M ASS �CH U SST I S JOB NUMBER Field survey chk. by . P.O. Box 1051 Sandwich MA 02563 508 888 — 9282 Approved b -�- L LICENSE N0. Date 10/11 /88 N0. DATE REVISION 664 { � pp y E SION DATE PERFORMED: SEPT. 26, 1988 BORE HOLE DATA PERFORMED BY: GUILD DRILLING CO., INc SEPTIC SYSTEM DESIGN TEST PIT DATA GROUND WATER: NONE ENCOUNTERED W/EXCEPT101,1 OF B-5 © 24 (ELE`✓ 28) AFTER 1/4 HRS. GPD REQUIRED PROVIDED 86 0'-1.5' MED. TO FINE SAND, TRACE OF COARSE SAND & FINE TO MED. GRAVEL S PTIC SYSTEM A: 1p 1140- 1 EL. 44.40 0" TO 3 TOPSOIL & SUBSOIL Bi 0'-1.5' FINE SAND & SILT, TRACE OF ROOTS E '-5.5' FINE SAND, TRACE TO SOMt:. FINE TO MED. GRAVEL 4.5'-6' FINE TO MED. SAND & MED. TO FINE GRAVEL _ 3" TO 48" COARSE SAND W/LITTLE GRAVEL 4.5 9.5'-1i' FINE TO MED. SAND, TRACE OF COARSE SAND & FINE GRAVEL DAILY FLOW CAPACITY 48" TO 144" COARSE SAND 9.5' , 11' FINE SAND, LITTLE MEDIUM SAND � 14.5'---16' FINE TO MED. SAND, TRACE OF COARSE SAND 17480 SF RETAIL 4 5CPD/100SF 874 GPD � a 14.5 -16 FINE SANG, TRACE OF REDDISH BROWN FINE SAND, ?RACE FINE TO MED. GRAVEL BOTTOM OF BORING 16' BOTTOM OF BORING 16 / _ Tp No. , EI_. 45.0 0' TO 3' TOPSOIL & SUBSOIL 920 .�F OFFICE @ 75G. D '1 COO5F 69 GPD ' 943 GPD 3" TO 144" COARSE SAND ' - ND & FINE TO MED. GRAVE! B7 0'-1.5' FINE SAND & SILT, TRACE- OF MED. SAND _ - SEPTIC TANK - B2 0 -1.5' FINE SAND, LITTLE SILT, TRACE OF COARSE 5A _ _ -t E SAND E E 4.5'-6' FINE SAND, TRACE OF RLDDISH BROWN FINE'' SANID, SOME FINE 10 P,!EL. CRAVEL 943 GPD X 1.� 1414.5 1500 TU N0. ? 52 20 TOPSOIL & SUBSOIL 4.5 -5.6 FINE SAND, TRACE T�• SOME MED. TO COARSE :�A.vD & FINE TO I��EU. GRAVEL r.�_. ,.,�.�� 0 TO 3 9.5'-11' FINE TO MED. SAND & GRAVEL 9.5'-9.9' FIP:E� SAND, SOME FINE TO COARSE GRAVEL c 3" TO 72' SANDY GRAVEL 14.5 -16' FINE SAND LITTLE i�1ED. SAf1D TRACE OF FIiJE G?A.VEL 14.5'-.16' FINE: TO MED. SAND, TRACE OF COARSE SAND & FINE GRAVE! - LEACHING GALLEY - BOTTOM OF BORING 16' BOTTOM OF BORING 16' 3.`;'C x 'I G'W x 30'L 7 2" TO 144" COARSE SAND W/TRACE OF GRAVEL s8 0'•-1.5' FINIE SAND, LITTLE SILT & FINE GRAVEL, TRACE- OF ' COARSE SA,^ID 943 GPD 1000 GPD I B3 0'-1.5' FINE SAND & SILT, TRACE OF--COARSE SAND 4.5'-6' FINE: TO COARSE SAND & FINE TO MED. GRAVEL SEPTIC SYSTEM B: p 4.5'-6 FINE SAND, TRACE Or COARSE TO MED. SAND, F?GO1S & FINE GRAVEL - SAND - PERCOLATION TEST RESULTS 9.J - 11 FiNk. 9.5'-11' FINE TO MED. SAhJD, TRACE TO I_!TTLE F lriE TU MED. GRAVEI. -- F"Iti SAND, LITTLE COARSE TO MED. SAND i& GRA\/EL Dal!_Y Fl_0'\'V CAPACITY - 1 +.5 16 E �A D, L, LE C RSE r_ BOTTOM OF BORING 1 i' 45676 SF RF1?A:IL � 5CPD;100SF ?2._83.8 GPD CA,Tt: TEST PERFORMED: SEPTEMBER 2.8, i 988 SOTTO�. OF BORING 16' 2404 SF OF F'10E '4 75GPD/1 g001SF 180.2 GPD DESIGN SERVICES, INC.CST �ER�ORMED BY: B4 0'-1.5 FINE SAND & SILT, TRACE OF ROOTS E39 0 1.5 F,L` TO MED. SAND, TRACE OF COARSE ,AiND & FINE GRAVEL 2464 GPD ';,'ITNi_SSED RY. GERRY DUNNING 4.5'-5.4' FINE SAND, SOME FINE TO COARSE GRAVEL, TRACE OF COARSE SAND 4.5'-6' FINE: SAND t. TIC TAJK - INE nr c GROUND WATER:ER: NONE tNCOUNTERED il� ANY PITS T I 9.5'-11' FINE TO MED. SAND, TRACE TO SOME MED. TO COARSE GRAVEL 9.5 --1 i F„Nc SAND, TRr.C,E OF COARSE SAND & FIN!E GRAVEL 2 ?6,: Gt- D X 1.3 3696 4000 P ERCOLA'IUN RATE: 2 MIN./INCH @ ALL TEST PITS 14.5 -16 FINE SAND 14.5'- 16' FINE SANG. TP,ACC OF COARSE TO ",QED. SAIND & FINE GKaAVE! BOTTOM OF BOR!NC 16' !_EAC'HIfvG GALLEY BOTTOM CF BORING i E ' B5 0'-1.5 FINE SAND, SOME SILT t C x 1 2_464 .GPD 2544 GPD 4.5'-6 FINE TO MED. SAND, TRACE OF FINE GRAVEL. 14.5 -16 FINE TO MED. SAND, LITTLE COARSE SAND, r-INE CRAVE_ - t 19.5-21' FINE TO .MED. SAND ' OF SILT, COARSE D rINZ . AVE �AKIAF';_F_ HEIGHT CURS PROPOSED OH` N <C' YtihTEi1 i_,r;ES T , , 24.5 -26 .FINE TO MED..: SAND, TRACE ..� �IL ,, C�. .R�_ `arJ� & ._. BRA. ✓__ � , T cc -'0 ',/IE :? EXIS11!vG EXISTING !0 29.5 -31' FINE TO MED. SAND, LITTLE SILT & COARSE Sr,1JD 1` I WATER LINE BOTTOM OF B0RIfJC 31' GRADES C:Oi:C. �vALi._ HEIGHT �,��� % EXISTING OVERHEAD WIRES s I - „ L I POI r-, FX''T'r'r UR EX!STiNG 8" FORCE l AR!E=S 0'- 2.J i #, EXISTING UTILITY POLE AND UTLITY . OI E T O BE � IS I C C C r- 4 , �: / ,..� � E�#2 N � � TO BE REMOVED EXISTING PAVEMENT AND UTILITIES � I MAINI TO REMAIN RELOCATED f AND <,!'RJI` TO \ I �' TO REMAIN INTACT FOR 40' INTO PROPERTY \ Cn ",.� i t. t: =- BE RE��O✓ED �� \ co o `. % / EXISTING CHAIN LINK 52 GAS Ln GATE TO BE REMOVED ,�� \\ 't I CB "2 ' -( GAS EXISTING CATCH BASIN ,� t 4_��. 5 .� - S -- ---- t / - i 5 - ' 1 , 3,7 53.75 5 �r3t ' CB `T !� r,.;r tl_.- MJ. ``1 RIM ,F L.= 1 CX MARRY INTO d, ,4?0 _�. 4� �.0 / - �i I mil/ j SX 0 5 EXISTING DRIVE °` S ORt,:, � B9 � E CT LOCATION ��` g I-EA:CH � \ \ ',� B8 Cb� .'' \ ^ � 2x25 OF WATER LINE \ PI i � ' 1 \ C�l v T 1 - G TU TO BE _ 9. t �. !N J / / i TYE'.) / �" -1;;; 53.75 43.1 ! Qp 1 V RI ED IN THE FI D RIOR TO T 1i l�1 'Opos SYSTEM A / f za 11 - - .,tf / _ -- - SiC�;J GAL B#� !l-c I C TA r I< P.I M E L.-- - 52 75 51.85 �, L_ `� T' �' _ / EXISTING - - - �.. c / " WATER a', c>l' iD)--BUX ��` `•I LINE 46 CB#5 iM EI_. EXISTING 43.0oJ r 1 s SYSTEM B I / ,1 f UTIL T PO LE - -�' co / 10 BE RELOCATED \ 50\ .,t3#o ems''' Rliv? E ' ,'�• �_.�--- _--� B4 52x25 / 0 4 q. ... Rliai r. % _�`".} •�4.8C rl y-j��e:1- B.�i ,. � r , 52 50 � / s ..... � � ,��-•- r i ��- � r ", � •, ,,� Cj0 �'EPTfC . EXISTING GUARD -) •M I -- 1 2 v l I "� _ " ..� RAIL 10 BE REMOVED R `" B6 SE :::....:. 50 0 - 4 ; f C ' - Y / _ 0 -= 00-` Six X50 cr 52x1 TP3 `-- �s ! / r COND .T OR ,, 21 �- 52 Ct��1.: � � s-.:,. �J CB# 8 \ CkIJ „r.0 -, � 52X70 _ W o / FUTUR P SSIB\E ;hr _ , _ r k,,,. .� RIM EL. UTii_I Y POLE F IC - TRAFFIC L I y I� z G.�, i / i TC BE RELOCATED , ) 2)�, ENT r-- `� I T r 1 �, PROPO [� E.S , - RIM El c1GN „w = i/I LEGEND CATCH BASSItNl 52 _,G-- I 48 #, , Cs ) `� EXISTING UTILITY POLE 51x80 5 x1 - RIM EL._ CB '13 l tB#14 % 40 50.60 / /--, I -- S EXISTING SEWER LINE °° CB, 11 rt✓ 1:_ RIP,11 t.�..- Cr F 4 : 2 / , - OHW - EXISTING OVERHEAD WIRES � RIM t_:_. iN 0.� � �'J.4'J 0 4ri.5 / RIM E! _ % 1 �� ,� y- ❑ EXISTING CATCH BASIN _. • . B4 BORE HOLE LOCATION & N0. f XACT i I OCATl,' - ,.��� TP2 TEST PIT LOCATION & NO. FX'ST!iJG 12 , ',"JATFR `_INE- IN ROUTE 28 LAYOUT TO � I ! l � EXISTING LIGHT POLE ' BE— V'ERIF!ED IN THE FIEI.i) � � � � / /PRIOR TO i";O(JRUCTION --��= �_".....-�-'� --" 52x50 1 ! � EXISTING FIRE HYDRANT ' ---- A== / PROPOSED FIRE HYDRANT LIGHTING NOTES O �� ( 4� PROPOSED CONTOURS r - '� , /J 1 ,---�52 EXISTING CONTOURS LIGHTING INTENSITY 9 z PROPOSED GATE VALVE 30 FOOT POLE 400 WATT PER U`J!T ,/ CURB HEIGHF T I T CURB HEIGHT EXISTING T GRADE \�.. EX!STINC, CB PROPOSED CATCH BASIN 0.5 FOOT CANDLE AT 50 F00 I OU ! VARIES TO MATCH r STING DE UTILITY POE -`-� 10 FOOT CANDLE AT BASE EXISTING GRADE TO BE. FELc,CATED WITH DRAINAGE LEACHING PIT NOTE. DMH SIGHTING BOLLARDS TO BE LOC,'�TED . ' _ _ O PROPOSED .DRAINAGE MANHOLE r THIS D R r-, ';r'�' i� G S I IA T E I D ' !_� !- O R R i', i T i w G PROPOSED OVERHEAD LIGHT FOR FOOT LIGHTING IN FROM ! OF , BUILDING AT FINAL BUILDING DESIGN PURPOSES ; `i Af\,,! D I S [` A I TO BE USED D � S T[ 1 1O1'� STAGE FOR COI\ PROPOSED WALL MOUNTED LIGHT DWG: 664UTIL y b Designed A6 p 4U-01 - - g SCALE Shee of t � Drawn by �� _ f�> 3�',`� _ � �' -- -- CHR'ISTMAS TREE SHOPS 2 4 1 - 40 � . v3 12 ,9/88 REVISED PTTr 152 EN_7RANCE GRADING, DRAINAGE & UTILITY Checked b ' L pI Gin I Y 40 0 20 40 � ��� ` 2 12/1/88 REVISED SEPTIC AND WATER PLAN ' DESIGN ENGINEERS INC. - IT HYA�NN S, MA 'SSACHUSE TT', JOB NUMBER � Field survey chk. by --� `� 1 11 28 88 REVISED LAYOUT P.O. Box 1051 Sandwich MA 02583 508 888 - 9282 Approved b LICENSE No. Date � ojl2/a8 No. DATE REVISION 664 Y PLANT SCHEDULE CODE BOTANICAL NAME COMMON NAME QTY. SIZE LOW GROWING SHRUBS EE EUONYMUS FORTUNEI EMERALD GAIETY EUONYMUS 38 2 GAL DL LEUCOTHOE CATESBAEI DROOPING LEUCOTHOE 89 2 GAL BHJ JUNIPERUS HORIZ. 'BAR HARBOR' BAR HARBOR JUNIPER 51 2 GAL. LANDSCAPE LEGEND AJ JUNIPERUS HORIZ. 'PLUMOSA' ANDORRA JUNIPER 84 18-24" BT BERBERRIS THUNB. ATROP. NANA CRIMSON PYGMY BARBERRY 41 2 GAL. MED.—TALL SHRUBS EVERGREEN PJM RHODODENDRON PJM PJM RHODODENDRON 8 18-24" TREE MED.—TALL IG ILEX GLABRA NORDIC INKBERRY 5 18-24" SHRUB NZ RHODODENDRON 'NOVA ZEMBLA NOVA ZEMBLA RHODODENDRON 22 2.5-3' JA PIERIS JAPONICA JAPANESE ANDROMEDA 12 18-24" 5 _ SHADE TREE WE EUONYMUS ALATUS WINGED EUONYMUS 7 2.5-3' LOW—GROWING --�/►fir LEGEND ORNAMENTAL TREES SHRUB KC PRUNUS SERRULATA 'KWANZAN' KWANZAN CHERRY 2 6-8' � HANDICAP PARKING SPACE FD CORNUS FLORIDA FLOWERING DOGWOOD 5 8-10 ASSORTED BP PYRUS CALLERYANA 'BRADFORD' BRADFORD PEAR 7 1.5-2' PERENNIAL E-�a 5' PAVED STRIPED WALKWAY SHADE TREES ORNAMENTAL PLANTING JZ ZELKOVA SERRATA JAPANESE ZELKOVA 13 2-2.5' TREE RM ACER RUBRUM RED MAPLE 9 2-2.5' LL TILIA CORDATA LITTLELEAF LINDEN 7 2-2.5' PO QUERCUS PALUSTRIS PIN OAK 20 2-2.5' GT GLEDITSIA TRIACANTHOS HONEYLOCUST 5 2-2.5' EVERGREEN TREES WP PINUS STROBUS EASTERN WHITE PINE 6 6-8' T�Ajt , 3 N 7AJ 6A JZ 1 ` 'I 3RI 1 AJ JZ / JM B — �---� - 6DL K 6D KC _ 6DL \ 3 Nz r JZ iz B 9A - 2A JO 7. 6D .E / LL ate, JZ 'Op OS / �.!-dam 4 A \�'� P P 1 M U LC / `�- 021, I - -,_ 6 E 3E ) 6DL 1 Yam__ P 211 G ` B 6DL O L? 6DL _ LL ``� G 6E IG 8B 3E - P W B _ LANDSCAPED _-- --�' t� LANDS (TY G M — 3E 1S I'., / 1 3D R� / W .......... LL \ ---`"~ IG 3F� - - -- — LAWN OBH 11 BHJ JZ J Hi IG 6Di r' —'--" __--� MULCHBF WE 1V, - `J N r.� - _ _ - �_.. -_ MULCH \W .� ='" 6 B �_f- _ - __\lam r f __ - �-` / i' _J 3 D L D L --`- _- - 6 D B I Giz J' / f / J Z Ple mt-h- L FlLE NO. 664LDSP Designed by SCALE r. ��� —r -- —= - Sheet of ■ Drawn by : a _ — � --}—_ — - --- CHRISTMAS TREE SHOPS ( 3 4 n C DESIGN ENGINEERS,, hecked by : ___ F� �� - PROPOSED LANDSCAPING INC.0 40 1 0 20 40 ' ® ��ct ��`; 2 12-09-88 REVISED RTE. 132 ENTRANCE o 1 11-28—$8 REVISED PARKING LAYOUT H YAN N I S, M ASSACH U SETTS JOB NUMBER Field survey chk. by ( PLAN P.O. Box 1051 , Sandwich, MA 02563 �508) 888 9282 Approved by : LICE 10. Date 10/11/88 �10. DATE REvisioN 664 a • ALL COMPONENTS TO MEET H2O LOADING GROUND COVER • • o PUMPER' CONNECTION . O,o O.o TO BE FACING ROAD ' o- ' o - STANDARD 24" o0 0• oo� CURB OR BERM RISER W/COVER ! - o,°o �� ;o o -Z(j „ FINISHED GRADE MIN. 2 LAYER OF El �- . 1 - 1 /8 TO 1 /2„ PEASTONE _ o .o �! �� ❑ m ❑ o� \ �- STANDARD VALVE UNDISTURBED BOX & COVER . cn SIDE OF TRENCH ❑ Q = - � \ • a- U v ❑ ° 3/4" 1 1 /2" DIA. ❑ Lv ❑ ,o o� 1/2 CUBIC YARD OF 00 ❑ z o -//, WASHED STONE ALL CRUSHED S�T0NE ABOVE L DRAIN _ ❑ • o, \ AROUND DRAIN I NOTE: DO NOT BLOC Q Qo CONCRETE THRUST DRAIN;poo ❑ J ❑ O°o CLASS 'C' CONCRETE 6" I THRUSTWITH BLOCK i •, BLOCK. j ' \ ❑. v ❑ � � THRUST BLOCK POURED �%-' t ; • L•. o• AGAINST INDISTURBED y -O o O.o '� GROUND. (MIN. OF 4.0 S.F. BEARING 4„ AREA.) \ `'o ' 0 °'• TYPICAL PRECAST LEACHING CHAMBER la D" x D" X 6" TEE 12" (NOT TO SCALE ) I '. (MIN:) 2 TIE RODS 1 AT EACH SIDE) TO BE SAME - A M.J. BOLTS. DIAMETER AS B LTS SEE NOTES • N 0TE.: . TIES RODS TO BE USED IN PLACE OF THRUST BLOCK IN FILL AREAS OR WHERE EXISTING SOIL LACKS SUFFICIENT BEARING STRENGTH, AS DETERMINED BY. THE ENGINEER. SEE DETAIL 'A' HYDRANT INSTALLATION DETAIL BELOW {N07 TO SCALE) • — FINISHED GRADE • 6 SUMP i " 12 CAST IRON I 1/4"/FT; " MIN. �!l FRAME AND 1/4 /FT• MIN. 2 LAWYER OF GRATE +I I i " 1/8" TO 1,12" PEASTONE �! � I � � — — DIST. ❑ ❑ I • - L 24"+ 1„ 10' MIN. 11500 GALLON B0 oao . d- p N Q p Sa',,,T(`! 3/4" _ 1 1/2" DIA. N r- SEPTIC .TANK + ❑ ¢ < ❑ oo� ! � odo p 14' v o p WASHED STONE ALL I- ❑ o ❑ oo AROUND = Lo oao .o o I w I i 3" MIN. � � ❑LIMIT OF • a Q ❑ 0 bo E `CAVATION 00 21.73 Q r 6" MIN. � �/ //�//�// //�// I Z ,, CLEAN SAND 6, 2 MIN. I '_ PiPES"TO BE »may I BACK—FILL � I i MOTRARED INSIDE ...,. 10.0 14 10.0 , 14" — — — — — — --- _._. cD AND OUT ,I . MIN. — 1° , I ,•� '. T APICAL WASTE DISPOSAL SYSTEM DETAIL `A* - (NOT TO SCALE) 4" i I Iff *: 4' MINIMUM ji I.D. . I CATCH BASIN NOTES: ` 1. ALL STRUCTURES TO MEET H2O WHEEL LOAD 2 OVERHANG - ' 6 VERTICAL. CURB 2. CATCH BASINS SHALL CONFORM TO LANDSCAPED ISLAND MASSACHUSETTS D.P.W. SPECIFICATIONS, _ — SECTION 201, UNLESS OTHERWISE NOTED BY THE ENGINEER TYPICAL DRAINAGE STRUCTURE (NOT TO SCALE') 00 9' 12' 7„ REVEAL EXCEPT TYPE a-_-1 [BASE COURSE ON BRIDGES 6„ 6„ N . BINDER TOP COURSE * CONCRETE , g 12 CEMENT -�,�-- VERTICAL CURB --------------- .Q:• 00 •�•• Q.. d v Q I Q: Qa . 4. .. • GRAVEL SUBBASE . .o:. o. HANDICAPPED PARKING SIGN a LANDSCAPED ISLAND * TH IS PROCEDURE IS APPILICABLE ONLY IF CURB IS TO BE SET. AFTER BASE AND/OR BINDER 2' OVERHANG COURSES ARE IN PLACE,, . OTHERWISE CEMENT CONCRETE WILL BE ELIMINATED AND GRAVEL IS BROUGHT UP TO BOTTOVA OF BASE COURSE. 4 VERTICAL . CURB DETAILTYPICAL PARKING LAYOUT • (NOT- TO SCALE) (NOT TO SCALE) " DWG: 664DTL Designed by SCALE ' Sheet. of ■ CHRISTMAS TREE . SHOPS Drawn. by - 4 4 , Checked b Y , N DES GENGINEERS, N 1 ! c - STANDARD DETAIC> LsFeld survey chk. by . AS SH OWN H YAN N lS M ASSACH U SETTSJob NUMBER :. P.O. Box 1051 Sandwich MA . 02563 508 888 _ - 9 8 LICENSE N0. Date 10 11 88 , , 2 2 roved b / / . , " � � /DPP Y N0. : DATE REVISION _ � 6 G ::- • :> , • i -= _