HomeMy WebLinkAboutNotice of Nitrate Reg. Deed Restriction ESP:096,41-0123 95-04-25 _,:06, #19 5 71
• Ak TOWN OF YARMOUTH
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11+6 ROUTE 28 SOUTH YARMOUTH MASSACHUSETTS 02664-4451
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MATTACMEE�S '�- Telephone (508) 398-2231. Ext. 241 — Fax (508) 398-2365 .il L, 1
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BOARD OF HEALTH APR 251335 -
NOTICE OF NITRATE REGULATION
DEED RESTRICTION
RESIDENTIAL
Notice is hereby given of the applicability of the Town of Yarmouth Board of
Health Nitrate Loading Regulation adopted by the Board of Health on
July 21, 1986, for the protection of the Town's drinking water,
to 13 Waltham Circle , shown in Town Assessors Book date 1994, Map 66 ,
parcel # Y16 . As Deed is recorded on Book 9449 , page 302 , as shown on
a plan of land entitled CANDLEWOOD ESTATES , dated 08/08/86 , as plan of
land is recorded on Book 432 , page 96 .
Such regulation requires a Nitrate Loading Calculation to be filed with the
said Board of Health for proposed subsurface sewage disposal system(s) and
limits the number of bedrooms and lawn area of a dwelling to be constructed.
At the Board of Health meeting of July 11, 1994 , the Board of Health has
approved the Nitrate Loading Calculations prepared by Demarest-McLellan
Engineering , dated 07/07/94 . The engineered plan prepared by
Demarest-McLellan Engineering , dated 01/25/95 , requires a maximum, not to
exceed:
(1) the lawn area not to exceed 2,000 square feet;
(2) the number of bedrooms not to exceed three (3) ;
(3) an alternative treatment septic system Bioclere unit to be
installed in accordance with the D.E.P. approval letter, dated
January 4, 1995, as attached. Transmittal #61763, consisting of
3 pages.
• Date er/"= j
Bruce G. Murphy, Health Agent, R.S. , MPH EXECUT as a sealed instrument this date, /Z719j
Everett W. Boy, Jr. , P sident
Horsefoot Holdings of, pe Cod, Inc.
P.O. Box 186, West D nnis, MA 02670
COMMONWEALTH OF MASSACHUSETTS
Barnstable, ss y/,sue, 1995
Then personally appeared the above named J -�� C;v • 60
and acknowledged the foregoing instrument to be his free act ind deed, before
me. n
N tart' lic /
My Commission Expires: /,)/" 3 M)� l� Printed on
Recycled
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istibbigNIIM Commonwealth of.Massachusetts
Executive Office of Environmental Affairs
Department of
D E P Environmental Protection
Wllnam F.Weld
Gamma
Trudy Cox'
Secretary,ECEA
Thomas B. Powers January 4, 1995
Aeon/Cortxr.+uon«
Mr. Everett W. Boy
Reef Realty
P.O. Box 186
West Dennis, MA 02670
re: Proposed Alternative Septic System
At: Suffolk Ave., West Yarmouth, MA
Transmittal Number: 61763
Dear Mr. Boy:
The Division of Water Pollution Control has reviewed your October 24, 1994
application requesting the Department's approval to install 14 alternative on-site
sewage treatment and disposal systems. Each system consisting of a septic tank, a
Bioclere'" trickling filter unit, a distribution box and a leaching pit, at the above
referenced location and accompanying plans prepared by Thomas Mclellan entitled"Site
and Sewage Plan" dated September. 1994.
Candlewood Estates is a 25 lot subdivision. Bioclere units will be installed on
lots Y8, Y9, Y10, Yll, Y12, Y13, Y14, Y15, Y16, Y21, Y22. Y23, Y24. and Y25. Each of
these systems will serve a proposed 3 bedroom house. The Bioclere units will be used
in conjunction with an on-site sewage disposal system that complies 310 CMR 15.00.
It is the understanding of this Department that these Bioclere units have been added
to satisfy the local nitrogen loading requirements.
The Department hereby ppproye6 the request for these alternative septic
systems subject to the following conditions:
1. Prior to construction the Yarmouth Board of Health must approve its
use and a written confirmation of their commitment to inspect these
systems and review the data reports shall be submitted to this office.
One Winter Street • Boston,Massachusetts 02108 • FAX(617) 556-1049 • Telephone(617)242-5500
RE: Transmittal Number 61763
Faze: 2
2, Prior to use a written consent of the owner to allow officials of the
Yarmouth Board of Health and employees of the Division, access to
inspect these systems as needed shall be submitted to this office.
3. A Septage Handler licensed by the Yarmouth Board of Health in
accordance with G.L.c. 111 s. 31A and 310 CMR 15.02 (3) must service,
inspect the septic tank annually and pump it as necessary, It is the
owners responsibility to report in writing to the Yarmouth Board of
Health every time the septic tank is serviced to ensure compliance with
this condition.
4. Prior to use a operation & maintenance manual and contingency plan
shall be submitted to this office, subject to the following:
a. provides for the contracting of a person or firm competent
in piJviding services consistent with the system's
specifications and the operation and maintenance
requirements specified by the design engineer;
b. throughout its life the system shall be under a
maintenance agreement. No maintenance agreement shall
be for less than two years.
c. procedures for notification of the Department and the
Yarmouth Board of Health within 24 hours of a system
failure or alarm event and corrective action measures to be
taken immediately.
d. provides the name of the Massachusetts certified operator
or operators that will operate this facility, in accordance
with Massachusetts regulations 257 CMR 2;00,
5. At least one 24-inch manhole with a readily removable cover of durable
material shall be provided for each septic tank.
6. The grade above and adjacent to a leaching pit system shall be at least
2 percent to prevent the accumulation of surface water.
it
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RE: Transmittal Number 61763 Page: 3
7. Samples from the distribution box shall be tested quarterly for pH,
temperature,specific conductance, BOD,, and total suspended solids. All
reports shall be submitted to this office quarterly. Additional testing may
be required by the Board 'of Certification, or the local approving
authorities.
8. Approval of these proposed systems is dependent upon the recording in
the appropriate registry of deeds of a notice that discloses the existence
of an I/A system and the .involvement of the Department of
Environmental Protection in the approval of the sewage disposal system.
If a property is transferred the new home owner shall be made aware of
the maintenance requirements.
9. Should these experimental units fail or show signs of imminent failure,
as determined by the Division or the Yarmouth Board of Health, the
owner shall immediately remove the experimental system and take all
steps necessary to replace the disposal system with one which meets the
requirements of 310 CMR 15.00.
10. At least 90 days before a system is installed, a copy of the plans shall e
} submitted to the Boston office of DEP,The Department will contact yob.,
if any of the proposed installations do not comply with the requirements
and conditions of this approval. The approval conditions of this letter
apply to all fourteen systems.
Should you have any questions regarding this matter, please contact Christos
Dimisioris of my staff at (617) 292.5912
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Sincerely,
Jdhn J. Hi s, Acti hector
,Division of Water Po I ion Control
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YB 61763.001
cc: V4armouth Board of Health
DEP, DWPC, SERO
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Thomas Mclellan
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. � " c TOWN OF YARMOUTH
°H �� 1146 ROUTE 28 SOUTH YARMOUTH MASSACHUSETTS 02664
MATTA NEES
•.;, 4r,40bot„n,ss' (d. Tel(508) 398-2231 —Fax(508) 398-2365
"' BOARD OF HEALTH
APPLICATION FOR A NITRATE LOADING DEED RESTRICTION
The Information requested below must be accurate and completed in full to insure the
deed restriction can be completed properly and in a timely manner.
1. ) Town Assessors Book dated 1992;
Map (A0 , Lot # J -1(0
2. ) The lot indicated above is shown on a plan of land entitled L
t1LEW c o➢ S ,dated 8.8(0.
The plan of land is recorded at the Barnstable County Registry of Deeds
cn Plan Book `t32 , Page t(o .
3. ) The property deed is recorded at the Barnstable County Registry of Deeds on
the Deed Book 6\yi`) , Page `SuZ, for the lot indicated above.
4. ) The nitrate loading calculations have been prepared by &ctpi
and dated - ' 4 .
5. ) The engineered plan has been prepared by b li F 6 / , dated .
•
6.) The lawn area is limited to koo square feet.
7.) The number of bedrooms limited to ` -1-4- ,( .
8.) Name of Owner ,Q ;,c , S Address of Owner .Y). )
�'� C_A-Cte Cc t 02.4,
Th re ired information supplied to this department for the application of a nitrate
I ding deed restriction is correct as shown above.
t W n
DATE: 3_Cf cI -; .rescicci
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� TOWN OF YARMOUTH
C.
SOUTH YARMOUTH MASSACHUSETTS 02664
MATTACM 4 fS �'j,
� '�0*� BOARD OF HEALTH
Everett W. Boy, Jr. Variance from Provisions of Title 5:
• P. O. Box 186 Regulation: ----
West Dennis, MA 02670 Town Amendments: Section: 3.7
Re: 13 Waltham Circle Date: April 3, 1995
West Yarmouth, MA As Shown On Engineered Plans By:
Demarest-McLellan Engineering
Dated: January 25, 1995
Dear Mr. Boy •
The Yarmouth Board of Health has received your application for a Variance from
the provisions of Regulation ---- of Title 5 of the State Environmental
Code and/or Section 3.7 of the Town of Yarmouth Amendments for Subsurface
Disposal of Sewage.
Having determined that strict enforcement of the above Regulations in this
instance would do manifest injustice, and further, that your requested variance
does not conflict with the spirit of the State Environmental Code or the
Regulations of the Town of Yarmouth Amendments, the variance is hereby granted
on this date April 3, 1995 , as follows:
A variance to allow the top of foundation to be set at elevation 64.0 which
is 3.0 feet below the high point of the fronting road. The high point of
the fronting road is elevation 67.0. this is a total variance of 5.0 feet
from the required two feet above the high point of the fronting road.
You must provide a 3/4 inch negative grade for fifteen feet surrounding the
foundation.
You are hereby advised that the variance granted herein will expire in 90 days
from date of issue unless all work authorized by said variance has been
completed prior to the date of expiration.
In granting this variance the Town of Yarmouth will not be responsible for any
water damage to the foundation, septic system or adjoining lots.
I have rea fully understand the � C*7/(,� —
conditi f the above variance and ruce i, firphy, M.P.H.
acce t m as written. Health Officer
/0/ yes
Town of Yarmouth
Date: U ZJ nr cc: Building Department
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