HomeMy WebLinkAbout2019 Feb 22 - Letter to B. Dudley, MA DEP Jessie Alexander
37 Browning Ave
South Yarmouth, MA 02664
(508) 308-7304
jeaaies.o|exander@gnnmiioonn
Brian Dudley
MA DEP
20 Riverside Drive
Lakeville, MA 02347
February 22, 2019
Dear Mr. Oud|ey,
On January 9, 2019 I entered into agreement to purchase the home at 37 Browning Ave, South
Yarmouth from the seller, Paulo Gua|bedo, on the grounds that there was a clean passing Title
V inspection report with no listed issues. Michael T. Bisienere (License #S|3S38) ofCape
Septic |nopenctions (624 Old Barnstable Road, Mashpee, MA 02649)was hired by the seller to
perform the Title V inspection and did so on August 24, 2018.
After a little over a week of living in the home, I realized something was not right with the septic
ayatenn, as my bathtub was filling with waste water when I ran my kitchen sink, the toilet would
gurgle and fill when I ran the tub, and sewage gases were coming up from the toilet. I hired Ellis
Bros. Construction to evaluate the system and diagnose what the issue was. They immediately
noticed the tank was significantly full, contrary to the Title V report and pumped the system.
Upon further inspection they noticed the diagram of the septic system on the Title V did not
match the system layout. Looking further they noticed the clogged leaking pipes were going into
the outlet of the tank instead of the inlet, which was causing backflow and the sewage gases.
This is immediately visible, as the outlet is significantly lower than the in|et, which is located
several feet above. They let me know that without rectifying the positioning of the pipes, the tank
would be full again, and the same backflow issues would return within a week as the tank outlet
is so low to the bottom of the tank, I'd essentially only be using a small fraction of the tank's
capacity. This oystern, while temporarily functional, was essentially a nonworking system as it
was configured and should not have passed inspection.
The inspector who performed the Title V should have immediately noticed that the diram he
had was incorrect and did not match what he was looking at. Had he looked at the tank inlet as
stated, he would have seen it was not properly connected. He further failed to document the
second bathroom drainage path to the tank, which also did not match the diagram.
Ellis Bros performed the repairs, which included repairing the broken and cracked cast iron
drain pipe from the house by removing the clogged collapsed section of Orangeburg pipe and
running new pipe to the inlet of the tank. Additionally they noted that the pipe going to the tank
had a root so deeply imbedded through it that it made it difficult to remove and replace. As seen
in the photographs, the presences of roots and dark/black-looking soil indicates the presence of
water leaking.
The Board of Health inspector for the town of Yarmouth who issued the new compliance
certificate has corroborated this and believes this should not have passed without exception and
that the inspector failed to properly inspect and document the system. I have attached a
statement from Ellis Bros. Construction detailing the repairs they performed, the new
compliance certificate, the photographs taken during the repairs, the original Title V, as well as a
letter from Michael T. Bisienere stating why he feels he performed his job as necessary.
Somewhere between having a clean and passing Title V and having total septic system failure
within 2 weeks of occupying the home (and then nearly 3 weeks without the use of kitchen,
bathroom or shower) I feel there is a major discrepancy. I am deeply disheartened at the
number of issues I am having in my new home as a result of this negligent inspection and it is
my hope that no other homeowner or prospective buyer has to experience this.
Regards,
Jessie Alexander