HomeMy Public PortalAbout17 Hamilton Ctwy BOH infoJuly 13, 2022
Amy von Hone, Health Director
Town of Brewster
2198 Main Street
Brewster, MA 02631
Re: 17 Hamilton Cartway
Correction of approved number of bedrooms
Dear Ms. von Hone:
I would like to respectfully request achange/correction of the approved number of bedrooms from
a 3 bedroom home to a 4 bedroom home. The reasons for this request are as follows.
The 1988 Title V Application and Sewage and Floor plan as submitted were inaccurate. It's clear
the engineer never went into the house as the floor plan is wrong. The home has been 4 bedrooms
for decades. We had been paying taxes on a 4 bedroom home right up until we started construction
of the new home.
I was not provided notice of the hearing held in November of 2004 to "discuss" my property. The
evidence presented at this hearing was overwhelming and the current Health Agent at the time
refused to listen to facts and I feel I was unjustly denied the 4th bedroom.
When submitting the new Site and Sewage plan in 2004 for the new home to be constructed it was
submitted with 4 bedrooms as that was the number of bedrooms in the existing home, the Tax
Assessor's office has had it listed as a 4 bedroom home since it was built in the 1960's and we
weren't proposing an increase in flow with the new house design.
When the new house plan was originally submitted to the Town with the Building Permit, it was
fora 4 Bedroom dwelling. We required no variances, just an Order of Conditions as we live on
Smalls Pond.
A brief history of the property is as follows.
In 1947 my wife's Great Uncle, Ern
est Doucette, purchased the property. In 1965 or 1966 Ernie
got a mortgage from Grossmann in Hyannis and built the cottage. The cottage was and always has
been a 4 bedroom dwelling since the mid 1960's. Property taxes have always been paid on a 4
bedroom dwelling. Sometime in 1988 a new Title V Septic System was installed. The drawing
submitted with the application was completely inaccurate. The kitchen is on the wrong side of the
house, the bathroom is not located as drawn, the bedrooms on the second floor are not drawn
correctly and there has never been any attic space. It is clear from the drawing submitted that the
engineer NEVER stepped foot in the house. The house never changed from 1966 to 2004 prior to
demolition. I submitted affidavits from Ernie's brother and sister-in-law, as well as, my wife
Maureen that it was and has always been a 4 bedroom house. These affidavits were ignored. I
submitted the accurate floor plan, this was ignored. In 1997, we inherited the house from Ernie.
We came down on weekends and in 2001 moved to the Cape full time. In 2004 we began the
process of getting approvals to build a new house. We submitted plans for a 4 bedroom house
(because we had a 4 bedroom house) with a 4 bedroom septic design and needed no variances to
I it on the property. All building plans were approved, no variances required. This qualified as
a pre-existing non conforming build.
I would like to have the number of bedrooms corrected to indicate the dwelling is a 4 bedroom. I
will make changes to the leach field, adding a chamber, which would not require any variance.
This change should have been discussed and allowed at the November 9, 2004 meeting, which
would have corrected an obvious error and mistake when the original Title V System was installed.
Please let me know if you need any further information. I have substantial evidence to support the
aforementioned facts and will be happy to bring them to the Board of Health Hearing.
Thank you for your consideration in this matter. Feel free to call or email with any questions.
Sincerely,
John Casale
(508) 714-9033
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Town of Brewster
2198 MAIN STREET
BREWSTER, MASSACHUSETTS 026314898
PHONE: 508.896.3701 EXT. ] 120
FAX: 508.896.4538
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W W W.BREW STER-MA. GOV
AGENDA ACTION ITEM FORM
BOH Variance Agenda Item
In -House Local Upgrade Approval
Other:
Health Department
Amy
.von one,
Director
Sherrie McCullough, R.S.
Assistant Director
Tammi Mason
Senior Department Assistant
Board of Health Meeting Date: August 3, 2022
Project Location: 17 Hamilton Cartway Map & Parcel: 93/5
Owner's Name & Address: John T. & Maureen Casale
17 Hamilton Cartway
Brewster, MA 02631
Applicant: same as above
Date Requested: _July 13, 2022
Title 5 Variance Request: Yes❑ No x❑
Board of Health Variance Request: Yes x❑ No❑300' Setback to Pond
Other: Yes x❑ No❑
1, Outside Zone II and DCPC, Private Well
2. In ESA — existing building and septic system and lot within 300' of wetlands
3. Request by owner to convert house to 4 bedrooms and enlarge existing septic system to
accommodate additional bedroom.
Discussion Points per Health Department Property File:
1. The property consists of an existing 3 Bedroom residential home with a 2004 Title 5/Brewster
local regulations compliant septic system. The dwelling consists of 2 bedrooms and a 1 -
bedroom in-law apartment. The property is serviced by a private well and abuts Smalls Pond.
The lot is located within 300' of wetlands, is located upgradient of the pond, and therefore
qualifies as an Environmentally Sensitive Area (ESA). The existing septic system has the
capacity for a 3 -bedroom dwelling.
2. Historical timeline related to the BOH approval for the construction of the existing 3 Bedroom
dwelling and septic system:
a. 1/28/88: Title 5 Application, Floor Plan, Site & Sewage Plan for septic system upgrade to
existing dwelling. Floor plans and septic design for 3 bedrooms.
b. 12/28/94: Assessor Field Cards list 4 Bedroom Dwelling
N:\Health\BOH Meeting Notes\BOH Hearing Notes\17 Hamilton Cartway M93P5 Agenda.Variance Action Item Form 07.29.2022.docx
c. 7/12/04: Site & Sewage Plan — proposed 4 Bedroom Dwelling and septic system
d. 9/12/04: Affidavits from current owners & relatives associated with the dwelling (formerly
70 Hamilton Cartway) declaring original dwelling was 4 bedrooms
e. 10/5/04: Assessor Field Card & Floor Plan: 4 bedrooms on field card and floor plan from
owner showing 4 bedrooms in existing structure with note regarding common wall
removed between 2 bedrooms on 2nd floor
f. 11/9/04: BOH Agenda Action Item John Casale — 70 Hamilton Cartway- discussion on
approved # of bedrooms
g. 11/9/04: BOH 11/9/04 Meeting Minutes — pictures of original dwelling show 3 bedroom
due to recent wall removal. 1988 septic upgrade paperwork showed 3 bedrooms. Raze
and replace constitutes new construction which must meet current codes. Existing
potable well limits lot to 1 Bedroom/10,000 sf of land area. BOH believed property could
only be 3 -bedroom dwelling.
h. 11/9/04: Copies of Title 5 Regulation Sect. 15.002 Definition, New Construction and
Sect. 15.352 Increases in Design Flow to system used to support BOH decision
regarding maximum 3 -bedroom dwelling.
i. 11/10/04: Floor Plans — revised after BOH meeting on 11/9/04 showing proposed 3
bedrooms
j. 11/11/04: Site & Sewage Plan — proposed 3 -bedroom dwelling and septic design,
revised after BOH meeting on 11/9/04
k. 12/21/04: Title 5 Application for raze and replace to construct 3 -bedroom dwelling
3. Title 5 definitions of New Construction (15.002) and Increases in Design Flow to System
(15.352 in 3/24/95 version and 15.204 in 9/9/16 version)
N:\Health\BOH Meeting Notes\BOH Hearing Notes\17 Hamilton Caraway M93P5 Agenda.Variance Action Item Form 07.29.2022.docx
No. f '".CJ .Q ... ( (55 Date
OcA i cfcr5d V Fee
BREWSTER, ]MASSACHUSETTS New Installation
BOATED OF HEALTH Repair $20.000
Application for Disposal Works Construction Permits/ s``t
made for a Permit to construct X individual Sewage Disposal System a�
Application is hereby ( )Alter or Repair ( ) an ind> g p Y
17.0' Hamilton Cartway
...................................................
Ernest Doucette Location -Address
..................................................
T.W. Nickerson Owner
.......................Installer.......................
Map � 47 Lot 70
..................................................
70 Hamilton "Car way, -. rtewster,MA 02631
MIll Hill Road.,AlMatham, MA 02633
.......................Address.......................
Type of Building Size Lot. 0 0?'. ... Sq.feet
Dwelling—No. of Bedrooms .. 0 0 .. 0 0000 4 .3 ...................... Expansion Attic ( ) Garbage Grinder ( )
Other—Type of Building. 0 . 0 0 . 0 684..0.. No. of persons ...................Showers( ) —Cafeteria ( )
Otherfixtures...................................................................................
ons per person
dan
Septiic Tank—Liquid capacity . ,> 000:.... gallons Length PO;0600: Tot dthy fl0 9 p a c e Diameter .. 5 � * k 0 .. gallons. Depth
Disposal Trench—No. ........... Width 0000....... Total Length . 0 0 0 .. 0 .... Total leaching area . 0 .. 0 6 0 0000 sq. ft.
Seepage Pit No. a a A . 0 0 0 0 .. Diameter ...1Depth below inlet ...3.5.'.... Total leaching area ...4.4.4.... , sq. ft.
Distribution box (X) Dosing tank ( ) Other .................................................... a 0 0 6 0 ... .
G. Lombardo 9/25/87
Percolation Test Results 2 Performed by ..........................12 t .. Date .............................. .
Test Pit No. 1 ..... 0 6 6 . 6 .. minutes per inch Depth of Test Pit ............ Depth to ground water .. 0 ... 6 6 . 0 . .
Test Pit No. 2 vast .06.0.0. minutes per inch Depth of Test Pit . 0 0 ... 0 0 .... Depth to ground water. 6 0 0 . 6 ..... .
Descripion of Soil I' 0"=I1o9"0"��Clean "mediumOto course SaIld "
.......................................................................................................
Nature of Repairs or Alterations -Answer when applicable.................................................... .
.......................................................................................................
NOTE: This application must be accomopanied by a plan showing the following: property lines, location of buildings,
location of proposed sewage system, any existing sewage system, well or water line, water supplies on adjacent lots, loca-
tion of driveway and or parking area, location of any adjacent bogs, marshes, wetlands, ponds, streams, beaches or
drains, and expansion area.
Agreement:
The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the pro-
visions of Title 5 of the State Enviroment Code—The undersigned further agrees not to place the system in operation un-
til a Certificate of Compliance has been issued
%bby�the Board: Hfe�alth.
Signed..
come �Y.�! �i�L��.
Application Approved By .k'.%� ..�.4 :. . Cy`�C" -Z/f—ate
/c'�{�........ .
Application Disapproved/Restrictions .. ......................60 C . 0 �:... .
...........bale..........
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FLOOR PLAN
70 HAMILTON CARTWAY
BREWSTER, MA.
NOT TO SCALE
SECOND FLOOR
FIRST FLOOR
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0 AFFIDAVIT OF FACT
I, Maureen Casale, born February 4, 1966, currently residing at 17 Hamilton Cartway,
Brewster, Massachusetts hereby declare as follows:
1. The property previously known as 70 Hamilton Cartway, known today as 17
Hamilton Cartway, Brewster, Massachusetts is a four bedroom house. One
(1) bedroom is located on the first floor and three (3) bedrooms are located
upstairs. This configuration has been in place since approximately 1962.
2. The property was recently owned by my late great uncle, Ernest A. Doucette.
3. Since I was born, I have spent the majority of almost every summer through
age 15 at this house.
The undersigned under oath and subject to the penalties of perjury, hereby declares that
the statement(s) made herein are true, upon the personal knowledge, information and
belief of the undersigned
L
AFFIDAVIT OF FACT
I, John T. Casale, born May 27, 1966, currently residing at 17 Hamilton Cartway,
Brewster, Massachusetts hereby declare as follows:
1. The property previously known as 70 Hamilton Cartway, known today as 17
Hamilton Cartway, Brewster, Massachusetts is a four bedroom house. One
(1) bedroom is located on the first floor and three (3) bedrooms are located
upstairs. This configuration has been in place since approximately 1962.
2. The property was recently owned by my wife's late great uncle, Ernest A.
Doucette,
3. Since my first visit to the property in 1993, the house has always been a four
bedroom house.
The undersigned under oath and subject to the penalties of perjury, hereby declares that
the statement(s) made herein are true, upon the personal knowledge, information and
belief of the undersigned.
1whed Date
0 AFFIDAVIT OF FACT
I, Mary Doucette, born September 25, 1918, currently residing at 1 Flat Street,
Cumberland Rhode Island hereby declare as follows:
1. The property previously known as 70 Hamilton Cartway, known today as 17
Hamilton Cartway, Brewster, Massachusetts is a four bedroom house. One
(1) bedroom is located on the first floor and three (3) bedrooms are located
upstairs. This configuration has been in place since approximately 1962.
2. The property was recently owned by my late brother in law, Ernest A.
Doucette,
3. I have personally been involved with/in many projects beginning in 1947
when my late brother-in-law first purchased the property.
4. In 1988, at the time of the septic upgrade, neither George Lombardo or any of
his associates entered the first or second floor of the house. They entered the
basement through the outside bulkhead to inspect the pipes.
The undersigned under oath and subject to the penalties of perjury, hereby declares that
the statement(s) made herein are true, upon the personal knowledge, information and
belief of the undersigned.
Signed
Date
AFFIDAVIT OF FACT
I, Armand Doucette, born March 1, 1912, currently residing at 1 Flat Street, Cumberland
Rhode Island hereby declare as follows:
1. The property previously known as 70 Hamilton Cartway, known today as 17
Hamilton Cartway, Brewster, Massachusetts is a four bedroom house. One
(1) bedroom is located on the first floor and three (3) bedrooms are located
upstairs. This configuration has been in place since approximately 1962.
2. The property was recently owned by my late brother, Ernest A. Doucette.
3. I have personally been involved with/in many projects beginning in 1947
when my late brother first purchased the property.
4. In 1988, at the time of the septic upgrade, neither George Lombardo or any of
his associates entered the first or second floor of the house. They entered the
basement through the outside bulkhead to inspect the pipes.
The undersigned under oath and subject to the penalties of perjury, hereby declares that
the statement(s) made herein are true, upon the personal knowledge, information and
belief of the undersigned.
Signed
Date
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Town of
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BREWSTER BICENTENNIAli
2198 Main Street �-�'
C 02631-1898
�1)1G �� ..:.
(508) 896-3701 Ext. 120
FAX (508) 896-8089
THE BREWSTER BOARD OFHEALTH REGULAR MEETING
TUESDAY, NOVEMBER 9, 2004 AT 7:OOPM
TOWN HALL
Action items:
7:00 John Casale -70 Hamilton Cartway-discussion on approved # of bedrooms
7:10 Beverly Biondi -84 Underpass Road -change of use to Physical Therapists office
7:20 John O'Reilly -discussion on Foster Square system (Illusion Hair Care)
7:30 Sarah Turano-Flores-discussion on 650 Main Street (Kevin Johnston -failure to upgrade)
7:40 Theodore Brown -discussion of non-compliance re: yard waste
7:50 Jeanne Treage-27 Russells Path(failure to upgrade)
8:00 Sheila Porter -88 Lakeshore Drive (failure to upgrade)
8:10 Alison Davis -1607 Long Pond Road (failure to upgrade)
8:30 Robert Perry -discussion on 19 Frank D. Lawrence Road
1. Minutes from 9/14/04 meeting
2. Minutes from 9/21/04 meeting
3. Minutes from 10/5/04 meeting
4. Minutes from 10/5/04 Executive Session meeting
5. Minutes from 10/19/04 meeting
6. Discuss Management plan for Euro Classics
7. Discussion on Cleary property (irrigation well for proposed tree farm)
8. Discuss Planning Board application for Off Freeman's Way
9. Discuss "For the Love of the Breed"
10. Discuss letter from Mike Giggy re: Review of SWWTPs (in accordance with the regulations)
Documents to be signed:
1 . Policy on Septic system flow
Bills to be paid:
1. Nancy Ellis Ice
2. Sherrie McCullough
3. Division of Proff. Licensure
4. VNA
5. Wright -Pierce
mileage
mileage
renewal
September expenses
review
$38.50
$23.45
$125.00
$1492.50
$679.54
Informational Items:
1. Monthly inspection report for Brewster Manor
2. Dl.ausucs & Survey results for Naz. Waste day in October and for all 2004 collection days
3. Cape Cod Rabies Surveillance Date for Jan 1 - Oct 2, 2004
4. Beach sampling summaries for 2004
5. Letter from Shirley Gomes re: Long Pond
o,
F�8 RP9 Ri g03
C�
Town of Brewster
Health Department
2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701 Ext. 120
FAX (508) 896-8089
THE BREWSTER BOARD OF HEALTH REGULAR MEETING
TUESDAY, NOVEMBER 9, 2004 AT 7:OOPM
TOWN HALL, ROOM A
00
BREWSTER
. rim5�,,��ft
O(a
BICENTENNIAL
Present: Doris Franzago (DF), Chairman, Merton Bernstein (MB), Vice Chairman, Ed Wanamaker
(EW), Raquel Ellis (RE), Joanne Hughes (JH), Nancy Ellis Ice (NEI), Health Director and Tammi
Mason (TM), Administrative Clerk,
1:00 John Casale- 70 Hamilton Cartway-discussion oh approved # of bedrooms
'Needy Quigley from Clark Engineering was present to answer any questions. She explained to th'e
Board that the house is currently a 4 bedroom and has always been. It was noted that the Assessors
office had this listed as a 4 bedroom also. The owners removed a wall recently to make room for/ Co p
some furniture so it looks like a three-bedroom in the photographs that were handed out. NEI went
over the 1988 paperwork, which stated that it was a 3 bedroom. The floor plan and septic plan that
were handed in at that time clearly state 3 bedrooms. She stated that the owner is planing on
demolishing the existing house and rebuilding a new one in a different footprint, so it would be
considered new construction and would have to meet the current code. There is a well on the
property so it is limited to 1 bedroom per 10,000SF. Paul Wightman, Attorney for Mr. Casale told the
Board that making a motion would be inappropriate since they were only here for an informal
discussion and asked that they allow the homeowners and the engineer to go back to the drawing
hoard and try to work something out. The Board believed that this could only be a 3 -bedroom home
autagreed to Mr. Wightman's request.
1'10 Beverly Biondi -84 Underpass Road -change of use to Physical therapist office
��S• Biondi told the Board that she is proposing to take over an empty office space in this building for
IIherapist's office. NEI told the Board that the system is already over capacity even without this new
N The Board felt that they could not approve this change of use based on the inadequate septic
S
m that was in place. They asked that the property owner come into the next meeting to discuss
�1u09rade of the system.
Motion: RE made a motion to have the property owner come into the next meeting and to
continue this hearing until after that. EW second. 5 yes.
John
'
O'Reilly -discussion on Foster Square system (Illusion Hair Care) -
Reilly could not make this meeting. It will be rescheduled for another meeting.
,��, ._iSM388
310 CLiR: DEPARTMENT OF ENVIRONivfENTAL PROTECTION
1S.34U: continued
(4) The Department shall maintain a !ist ox all approved System Inspectors. The list shall
be available for inspection or examination by any person.
(5) The Department may revoke or suspend the approval and/or listing of a Systems
Inspector after opportunity for a hearing conduced pursuant to M.G.L. c. 30A when it
determines that the inspector has. falsified or fraudulently altered a system inspection report
or misrepresented the results of an inspection performed by the Inspector.
(6) It shall be a violation of 310 CMR 15.000 for any person to falsify, misrepresent or
fraudulently alter a system inspection report or the results of an inspection.
(7) System Inspectors shall submit the results of their inspection on a System Inspection
Report form approved by the Department to the approving authority together with the signed
statement at the bottom of the form certifying that the inspection has been performed and any
recommendations regarding upgrade, repair, or maintenance of the system made by the
inspector in the form were made consistent with the Inspector's training and experience in
the maintenance and proper functioning of on-site systems.
(8) System Inspectors may perform sysum inspections required by 310 CMR 15.301 while
acting as an agent of an approving authority (a fee may be assessed pursuant to M.G.L. c.
40, § 22F), or as an independent agent of the system owner.
15.350: Other Maintenance Rcouvements
15.351: Svstem Pumnine and Routine Maintcnancc
(1) Every septic tank or cesspool shall be pumped whenever necessary to ensure proper
functioning of the system. Pumping is required whenever the top of the sludge or solids layer
is within 12 inches or less of the bottom of the outlet tee or the top of the scum layer is
within two inches of the top of the outlet tcc or the bottom of the scum layer is within two
inches of the bottom of the outlet tee. Pumping frequency is a function of use, although
- pumping is typically necessary at least once every three years and recommended on an annual
basis for a system with a domestic garbage grinder. Without limiting the foregoing, a septic
tank or cesspool shall be pumpcd when the ow�tcr or operator is required to do so by the
local approving authority or the Department. Whenever a septic tank or cesspool is pumpcd,
iu condition shall be noted on a system pumping form approved by the Department, and the
results shall be submitud to the local approving authority. Such notation of the system's
condidon,on the system pumping form shall not constitute a System Inspection Report
submitted to the local approving authority in accordance with 310 CMR 15.340.
` (2) Grease traps shall be inspected monthly and shall be cleaned by a licensed septage
hauler whenever the Level of grease is 2570 of the effective depth of the trap, or at least every
three months, whichever is sooner.
15.352: Increases in Desien Flow to Svstem
No person shall increase the actual or design flow to any cesspool or to any other system
above the existing approved capacity, unless the system is upgraded. Upgrades to accept
increased design flow shall be performed in full compliance with the requirements applicable
to new construction unless a variance is allowed pursuant to 310 CMR 15.414.
15.353: Emerecney Reyair
(1) Emergency repair or replacement of systems shall be limited to the following;
(a) pumping of a septic tank or cesspool as frequently as necessary to prevent backup
or breakout; and
3/24/95 (Effective 3/31/95) 310 CMR - 550
310 C`1R: DEPART�tE'�T OF EtiVIRON;�tEti"I'AL PRO'f1iCTION
15.00'': conrinuer_'
[rrieauon Well -Any on-site source of gruundwater i�ot certified as a potable water supply
by the local Board of Health or the Departmen[ in accordance with M.G.L. c.l l 1, § 122A and
160 or 310 C;viR 22.00.
Local Approving Authority -The board of health or its authorized agent or an agent of a
health district constituted pursuant to h1.G.L. c. 111, § 27 acting on behalf of the applicable
board of health.
Local Uperade Approval - an approval granted by the local approving authority allowing the
owner or operator of a nonconforming system to perform an upgrade of the nonconforming
system to the maximum feasible extcr.[, all in accordance with the provisions of 310 CMR
15,=101 through 15.405.
Lone -Term Acceptance Rate (LTAR) -The stable rate of effluent acceptance through the
biological mat of a soil absorption system measured in gallons per day per square foot
(gpd/sf).
Maintenance -All activities required to assure the effective and continuous operation and
performance of an on-site system including, but not limited to, solids and scum removal from
the septic tank, re -leveling the distribution box, and the upgrade of one or more of the system
components all as more fully described in 310 CMR 15.201 through 15.422.
Mobile Home - A single transportable structure on a chassis designed to be used, with or
without a permanent foundation, as a dwelling. The support system of a mobile home is
constructed so that the mobile home may be moved from time to time.
Modular Home - A prefabricated building designed and constructed to be used as a dwelling
and to be aansported in two or more sections to a site where the sections are permanently
connected and installed on a permanent foundation.
Mottline Due to Wetness (Red Oximorphic Features) - A color pattern in soil consisting of
blotches or spots of con�asting high and ]ow chroma colors which may be an indication of
the upper extent of soil saturation by groundwa[er.
Multiple Compartment Tank -Aseptic tank containing more than one settling compartment
in series.
Munsell System -The system of classifying soil color consisting of analpha-numeric
designation for hue, value and chroma together with a descriptive color name accepted by the
USDA/SCS as a standard procedure in soil classification.
Naturally Occurrine Pervious Materia] -Soil exhibiting a percolation rate of 60 minutes or
less per inch which was deposited on a site by natural causes and not by human action.
�--�New Construction -the construction of a new building for which an occupancy perntit is
required or an increase in the actual or design flow to any nonconfomung system or to any
other sysum above the existing approved capacity. New construction shall not include
replacement or repair of an existing building totally or partially destroyed or demolished if
there is no increase in flow or no increase in flow above the existing approved capacity to
any system.
Nitroecn Sensitive Area - An area of ]and and/or natural resource area so designated by the
Department in accordance with 310 CMR 15.215.
Nonconformine system -any system which is not in full compliance with the standards and
requirements of 310 CMR 15.000 and for which a variance or local upgrade approval has not
been obtained. Nonconforming systems include, but arc not limited [o, cesspools, privies,
failed systems, and systems with a design flow about 10,000 gpd.
3!24/95 (Effective 3/31/95) 310 CMR - 486
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
15.002: continued
Modular Home - A prefabricated building designed and constructed to be used as a dwelling and
to be transported in two or more sections to a site where the sections are permanently connected
and installed on a permanent foundation.
Mottling Due to Wetness (Redoximorphic Features) - A color pattern in soil consisting of
blotches or spots of contrasting high or low chroma colors which may be an indication of the
upper extent of soil saturation by groundwater.
Multiple Compartment Tank -Aseptic tank containing more than one settling compartment in
series.
Munsell System -The system of classifying soil color consisting of analpha-numeric designation
for hue, value and chroma together with a descriptive color name accepted by the USDA/Natural
Resources Conservation Service (NRCS) used as a standard procedure in soil classification.
Naturally Occurring Pervious Material -Naturally occurring soil exhibiting a percolation rate of
60 minutes or less per inch which was deposited on a site by natural causes and not by human
action.
New Construction -The constnaction of a new building for which an occupancy permit is
required or an increase in the actual or design flow to any system or an increase in the actual or
design flow to any nonconforming system or an increase in the design flow to any system above
the existing approved capacity. New construction shall not include replacement or repair of a
building in existence as of March 31, 1995 that has been totally or partially destroyed or
demolished, provided there is no increase in design flow, no increase in design flow above the
existing approved capacity to any system, no increase in the number of dwellings or dwelling
units or no increase in the number of bedrooms in any dwelling or dwelling unit.
Nitrogen Sensitive Area - An area of land Al
natural resource area so designated by the
Department in accordance with 310 CMR 15.215.
Nonconforming System -Any system which is not in full compliance with the stan
dards and
requirements of 310 CMR 15.000 and for which a variance or local upgrade approval has not
been obtained. Nonconforming systems include, but are not limited to, cesspools, privies, failed
systems, and systems with a design flow above 10,000 gpd.
Observ
ed Ground -Water Elevation -That elevation below the ground surface at which water is
observed weeping, flowing from the walls of, or standing in a deep observation hole.
On-site System or Disposal System or On-site Subsurface Sewage Disposal System or System
- A system or series of systems for the treatment and disposal of sanitary sewage below the
ground surface on a facility.
(a) The standard components of a system are: a building sewer; a septic tank to retain solids
and scum; a distribution system; a soil absorption system containing effluent distribution
lines to distribute and treat septic tank effluent prior to discharge to appropriate subsurface
soils; and a reserve area.
(b) These terms also include tight tanks, shared systems and alternative systems. Unless the
text of 310 CMR 15.000 indicates otherwise, these terms also include nonconforming
systems.
Open Drain - Any uncovered ditch or culvert used for the conveyan
ce of surface water runoff or
groundwater. A culvert that carries a water course or intermittent stream is not a surface drain.
Operate - To use or occupy a facility served by an on-site system or to own a facility where such
usA
or occupation exists.
Operator - A person who alone or together with other persons has charge or control of an
y,
system.
Effective 9/9/2016
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
15.204: Increases in Design Flow to System
No person shall increase the actual or design flow to any cesspool or to any other system
above the existing approved capacity, or change the type of establishment of a facility served by
a cesspool, unless the cesspool or system is upgraded first. Upgrades to accept increased design
flow shall be performed in full compliance with the requirements applicable to new construction
unless a variance is allowed pursuant to 310 CMR 15.414. For purposes of 310 CMR 15.204,
the approved design flow shall be the flow listed in the most recent Disposal Works Construction
Permit.
15.211: Minimum Setback Distances
(1) All systems must conform to the minimum setback distance for septic tanks, holding tanks,
pump chambers, treatment units and soil absorption systems, including reserve area, measured
in feet and as set forth below. Where more than one setback applies, all setback requirements
shall be satisfied.
Septic Tank Soil Absorption System
Holding Tank
Pump Chamber
Treatment Unit
Grease Traps
Property Line 10[5] 10[5]
Cellar or Crawl Space Wall,
Swimming Pool (inground), foundation drain 10 20
Slab Foundation 10 10
Water Supply Line (pressure) 10[1] 10[1]
Surface Waters (except wetlands) 25 50
Bordering Vegetated Wetland (BVW),
Salt Marshes, Inland and Coastal Banks 25 50
Surface Water Supply -
Reservoirs and Impoundments 400 400
Tributaries to Surface
'Water Supplies 200 200
Wetlands bordering Surface Water Supply
or Tributary thereto 100 100
Certified Veinal Pools 50 100[2]
Private Water Supply Well or Suction Line 50 100
Public Water Supply Well (2) (2)
Irrigation Well 10 25
Open, Surface or Subsurface Drains which
discharge to Surface Water Supplies or
tributaries thereto 50 100
Other Open, Surface or Subsurface Drains
(excluding foundation drains) which
intercept seasonal high groundwater
table [3] 25 50
Other Open, Surface or Subsurface Drains
(excluding foundation drains) 5 10
Leaching Catch Basins &
Dry Wells 10 25
Downhill Slope not applicable 15[4]
[ 1 ] Disposal facilities shall beat
least 18 inches below water supply lines. Wherever sewer
lines must cross water supply lines, both pipes shall be constructed of class 150 pressure pipe
and shall be pressure tested to assure watertightness.
[2) The required setback shall be 50 feet where the applicant has provided hydrogeologic
data acceptable to the Approving Authority demonstrating that the location of the soil
absorption system is hydraulically downgradient of the vernal pool. Surface topography alone
is not determinative.
Effective 9/9/2016
yr
No. ...................41, ATE
R, . 0000 .
. ...............
2004 Wq PAIR $25.00 (Minor ie; broken pipe, d -box, move tank)
o o ,E 4Ags9 $50.00 (Major ie; replace SAS, first 500 Gal.)
_� F* gOARr $50.00 (each 500 Gal. After)
3 y = BREWSTER LTH NSW $100.00 (first 500 Gal. design)
p , 1 CO = OF H $50.00 (each 500 Gal. After)
%Y
BREWSTER, MASSACHUSETTS
1U I l I I I I
BOARD OF HEALTH
Application for Disposal System Construction Permit
Application is hereby made for a permit to construct ( X ) or repair ( ) an individual sewage Disposal system at:
17 Hamilton Cartway
...............................................................................................................
Location -Add ss
John & Maureen Casale
.............................................................................0000 1 ....................
ank's
/'F
Own ry /� i ///�I �w+
Ins alleJ
Clark Engineering LLC
.............................................................
Designer
T eofBuildin Residential
Dwelling -No. of Bedrooms.............pool
..............................................................
Other -Type of Buildingof persons...............
OtherFixtures...........................................................
�.....na ..................�. �Y.............:..........:..........................
17 Ham i�tonN�laCr ayb r( Udr;) MA
.......................................................................................................
Address
................................................................
dreschatham, MA
..............................................................................
Address
16,742
SizeLot..............................................Sq.feet
Expansion Attic [=Garbage Grinder D
Showers Cafeteria
...............................
Design Flow........... 3.4.9 ��
330
Plan: Date3.-. i..a....Q. I ber of sh ets R i ion Date.�1..-.�. - a4
Sewage Dis osael stem�an
Title ...................... 9...................P....................... �.............................................................................................
Type of Systeml.2..,.$. 32.5 .......Tr Fie]d 0 Galley® Tank Q ..................
Description of Soil........ e e ... ? 1'1 n & K e .Ort........................................................................
.............................. .
Town Water M Private Well CJ (If well is checked, water testing results must be submitted)
Zone 11 yes[::] no [50
Nature of Repairs of Alteration (answer where applicable)......................................................................
...............
....................................................................................................
Date last inspected .................:................................
................................
.....................
.................................gallons
.............................................
................................................
......................
....................
PERMIT EXPIRES ONE YEAR FROM DATE OF ISSUE.
Agreement: The undersigned agrees to install the aforedescribed on-site Sewage System in accordance with the provision of Title 5 of the State
Environment Code. The un signed furthez.agrees not to a the system in operation until a Certificate of Compliance has been issued by
the Board of Health /,��jr�� 7A i
Signed ..................... .�a.... ... �ff
.!...e............... ......... .. ..........:...... .�..i........... ...
0000...
0000.
Application Approved .6660.......:2.... .. . see 6 *0 ....=......... a.e. �. . O /
r• D t .
Date
Application Disapproved /Restrictions
.......................Lug......................................................................:.D)oz ��
............................................................................................................................................................................................................................................................
............................................................................................................................................................................................................................................................
CLIENT:
ADDRESS:
COLLECTED BY:
WATER SAMPLE TYPE:
RESULTS OF ANALYSIS:
EAWROTECHLABORATORIES, INC.
MA CERT. NO.: M -MA 063
8Jan Sebastian Dr - Unit # 12
Sandwich, MA 02563
(508) 8884460 1400-3394460
FAX (508) 888-6446
Atlantic Well Drilling
PO Box 339
No Eastham MA 02651
R Peterson
New Weil
LOCATION:
SAMPLE DATE:
SAMPLE TIME.
DATE RECEIVED
LAB I.D. #:
WELL SPECS.:
17 Hamilton Cartway
Brewster MA
11/18/2005
12:00
i 1/21/2005
0511319
19.5' Deep 7.5' Static
Parameters Units Recommended Results Method Date Analyzed
Limits
Coliform bacteria 11 00m 0 0 9222 B 11/21/2005
pH pH units 6.5-8.5 5.15 4500 H+ 11/21/2005
Conductance umhos/cm 500 123 120.1 11/21/2005
Nitrate -N mg/L 10.0 2.73 300.0 11/21/2005
Nitrite -N mg/L 1900 < 0.004 300.0 11/21/2005
Sodium mg/L 20.0 18.2 200.7 11/23/2005
Iron mg/L 0.3 < 0.1 200.7 11/23/2005
Manganese mg/L 0.05 0.014 200.7 11/23/2005
COMMENTS:
Low pH indicates high corrosive characteristics.
WATER MEETS EPA STANDARDS AND IS SU11 ABLE FOR DRINKING PURPOSES
FOR PARAMETERS TESTED.
< =Less than
> =Greater than
TNTC = Too numerous to count