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Home My WebLink About2015 Feb 26 - Note, Letter from Grosners to DEP, Invoice Copy � � � � � Cn' C�''�. \f � r � ' �� j��.,, � CJ"' `''�� E.,,�S ' '�.�.a..._ � ° -� ; , - � � c , - � � � � � �� , f � v�!� �- _ _._..� _ i I 1 � EL" c� s !_�1� ��iyzo,zoia. L_.__';,' ," cEPt Mr. Brian Dudiey Department of Environmerrtal Protection 3195 Main Street Bamstable, MA 02630 Dear Mr. Dudley, Please find this correspondence as a follow up referencing my discussion with you on Monday, June 09,2014. This conversation was in regards to a Title 5 Official inspection Form that was submitted by Mr. R�hard ludd of Moran Engineering Associates of South Harwich, MA,for the property located at 45 Country Club Drive,South Yarmouth,MA. The Title 5 inspection is dated May 03, 2013. We believed the system was fully functional grven that the T�tle 5 was rated as "Passed",and closed o�the above mentioned property August 02,2013. We would like to file a complaint with the Department of Environmental Protection fo�ihe State of Massachusetts against Mr.Judd with regards to the Trtte 5 report for the property. Please note: Fling a complaint with the DEP was not our first choice in addressing this situation. On Monday January 20"',2014,after occupying the home for only five months with two residents,we experienced a backup of grey water in the basement due to an overtlow of the pipeline which services the washing machine,dishwasher,and kitchen sink_ Upon investigation by Neighborhood, David Bumie Septic of West Yarmouth,MA,on lanuary 21,a drywell was discovered which was tied into a cast iron pipe in the basement servicing the above mentioned components. The drywell was not connected to the existing primary cesspooL After contacting Mr.ludd on January 21 to discuss the situation, Mr.Judd asked tfiat we have David Bumie contact him. Mr.ludd contacted us that aftemoon as he had not heard from Mr. Bumie,and recommended that we call Oceanside Septic and Engineering of Brewster,MA to remedy the problem,which they did. We filed a claim with our insurance company,and found that many items were not covered in the policy. It cost us thousands of doilars to repairthe septic system and the backyard. Personal property was stored in the basement after we had the basernent professionally sanitized and new insulation was instaifed in Ac�usY af 2013,which again cost us thousands o# do!lars. 1"he personal property cannot be replaced_ We cannot afford to have the basement sanitized again. We attempted to negatiate through an attorney with Mr.ludd for reimbursemeni of our unexpected costs. Again,the attorney's fees cost us ttwusands of dollars. Mr_Judd unfortunateiy made an affer that was nat satisfacEory to us and we chose not to rr��otiate any fiertfie�,as Mr.Judd'+nsisted on holding Oceanside primarily respo�sible for the septic sysltem problem. According to Mr.Judd,Ckeanside was prnsent during#he Trtle S inspection in May of 2013. Mr.Judd was the T'rtle 5 inspectorwho signed the Trtle 5 4fficiai Inspeetian Form. Oceanside Septic and En�ineering is not meniioned anywhere an the T"rtte 5 that tha empfoyees were present_ There is no s�nature from Oceanside on the document. U�derstandabiy,there is a disclosure statement on the Trtle 5 report, but we will state again, Mr.ludd signed an incorrect (nspection Form. We have enclosed a copy of the Trtle 5 Inspection Form with mistakes highlighted, 1. The dryweil discovered on lanuarp 21 is not nated on the Trtfe 5 map. 2. Page 6: Aii existing componerrts were nat lacated. 3. Page 7: No questions were answered witF regards ta the taundry system_ 4. Page 9: It is noted that two 4 inch cast iron waste 1Pne pipes were ohserved in the basement. The map onty shows one. !t d�es not shaw the waste line for twa bathrooms to Yhe primary cesspaol. According to Mr.ludd, it was mistakenly"deleted" when MrJudd was preparingthe Trtle 5 form. Mr. Bruc�Murphy,the Head of the Neahh Department for the Town of Yarmouth,was here in January ta approve any upgrades that had to be done to the septic system. Mr.MUrphy has been very heipful in addressing our concems and understands completeiy how disappointed we are with regards to tEtis matter. Please find aitached a letter from NAr. Nlurphy verifying the fact tha#the Tttle S was inaorrect. The requirement for a Trtle 5 inspection to be done when a property is Iisted did not protect us as new homeowners and new permanent residents, nor did it protect the ernironment and pubf"K health in the State of Massachusetts. ! have my own health issues with a diagnosis of mukipie sclerosis,a horribie auto immune disease for which there is no cure. It is now a concem as 1 was standing and exposed to grey water,which is not clean water,when the pipe to the "mystery drywetY'overflowed. We have enclosed a DVD with pictures and pertinent information regarding the situation that took place in January af 2014. Thank you for your time and consideration. We would appreciate a follow up as to how this is being addressed by the DEP. Pleaze feel free to contact us anytime if you are in need of any additional information or ff you would consider meeting with us to discuss this matter further. Sincerey, William lames Grosner,Jr. Lauren Saums Grosner 45 Country Club Drive South Yarmouth, MA 02664 508.258.0419(Hj Enclosures � In�oice ✓� o�ia�s�a��E��g PO Box Z01 Brewster,MA 02631 p� trKoroe� (508)89Cr1513 or(508)H27-7151 - (508)237�874 Emeigency24 Hoins �mrza�4 z� Email:Oceansidepumpumg(a)�gmail•com �Tp Slep To . � ��'Mr.�Nhs Gaosna . . � � � . . Mr 8c Mrs Gao�c i -_... _ . 45 Coimtry CInb.Dr_ � . � . � 45 Comty Club Dr. � - � _ ��j � . .. S.Ya�,MA�2664 . . � . � � S.Y�mM,MA . � � �-. 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