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Home My Public Portal AboutBOH12.06.23Packet Supplemental� rC .FELDERB 9 = Town of Brewster Board of Health 2198 Main St., Brewster, MA 02631 brhealth@brewster-ma.gov (508) 896-3701 BOARD OF HEALTH MEETING AGENDA (REVISED) 2198 Main Street December 6, 2023 at 6:30PM Board of Health This meeting will be conducted in person at the date, time and location identified above. This means that at least a quorum of the members of the public body will attend the meeting in person and members of the public are welcome to attend in person as well. As Penny Holeman a courtesy only, access to the meeting is also being provided via remote means in accordance with applicable law. Please note that while an option for remote attendance and/or participation is being provided as a courtesy to the public, the meeting/hearing will not be suspended or terminated if technological problems interrupt the virtual broadcast or affect remote attendance or participation, Kimberley Crocker unless otherwise required by law. Members of the public with particular interest in any specific item on this agenda, which includes Pearson an applicant and its representatives, should make plans for in-person vs. virtual attendance accordingly. David Bennett Members of the public who wish to access the meeting may do so in the following manner: John Keith Phone: Call (301)715-8592 or (312)626-6799. Webinar ID: 820 4394 4509 Passcode: 979174 To request to speak: Press *9 and wait to be recognized. ZoomWebinar: https://usO2Web.zoom.us/j/82043944509?nwd=My!pM2kvUExKbUlRSOhmMOIZb3dQZzO9 Abigail Archer Passcode: 979174 To request to speak: Tap Zoom "Raise Hand", then wait to be recognized. When required by law or allowed by the Chair, persons wishing to provide public comment or otherwise participate in the meeting, may do so by accessing the meeting remotely, as noted above. Additionally, the meeting will be broadcast live, in real time, via Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster-ma.gov) or Video recording (tv.brewster- ma.gov) Health Director 1. Call to Order Amy von Hone 2• Declaration of a Quorum Assistant Health 3. Recording Statement Director 4. Chairman's announcements 5. Citizen's forum: Members of the public may address the Board of Health on matters not on the meeting agenda for a Sherrie McCullough maximum 3-5 minutes at the Chair's discretion. Under Open Meeting Law, the Board of Health is unable to reply but may add items presented to a future agenda Senior Department 6. Discussion and vote on request to terminate site assignment on Freeman's Way as part of landfill closure for Assistant redevelopment into a solar photovoltaic array Tammi Mason 7. Maureen Henderson - 40 Brewster Woods Drive Unit 209- seek service of Enforcement Order on Brewster Woods (POAH) for violations of 105 CMR 410.000 of the Minimum Standards of Fitness for Human Habitation (State Sanitary Code, Chapter 11). 8. Ratification of Emergency Condemnation Order issued 12/1/23 at 94 Belmont Park Road 9. Discussion and vote on Pressure Dose System Public Outreach second notice letter 10. Review & approve minutes from 11/15/23 meeting 11. Liaison Reports 12. Matters not reasonably anticipated by the Chair 13. Items for next agenda 14. Next meeting: December 20, 2023 15. Informational items: a. Monthly report for Pleasant Bay Health & Living Center b. Monthly report for Maplewood C. Monthly report for Serenity d. Membrane Reactor Treatment for elimination of emerging contaminants article e. Email to MA DEP regarding Best Available Technology approval including Drip Dispersal Systems 16. Adjournment _� r•. Date Posted: Date Revised: '-a Recami,&d by Town Clerk: 11/30/23 12/1/2023 r•..> I� �r \\fileserverl6\rdocuments$\tmason\Desktop\BOH new agenda.docx Amy von Hone From: Maureen Henderson Sent: Friday, December 1, 2023 11:38 AM To: Amy von Hone Subject: Re: Board of Health Hearing Request I am formally requesting a hearing before Brewster DPH on Dec 6 to seek service of Enforcement Order on Brewster Woods (POAH) for violations of 105 CMR 410.000 of the Minimum Standards of Fitness for Human Habitation (State Sanitary Code, Chapter 11). Would you please send me any information regarding the hearing format, rules and how to present evidence of my case? Thank you in advance . Maureen Sent from my iPhone On Nov 30, 2023, at 5:04 PM, Amy von Hone <avonhone@brewster-ma.gov> wrote: Maureen - Our next meeting is Wednesday, December 6th at 6:30 pm at Brewster Town Hall. The agenda has already been approved and legally posted, however, I have confirmed with the Board of Health Chairman, David Bennett, that he will allow the agenda to be revised and include your request for December 6th. Please submit a formal request in writing by Friday, 12/1/23 by noon (email sent to me is acceptable) to the Board of Health Chairman to be placed on the Board of Health agenda. In your request, please state your reason for appearing before the Board of Health. Please be advised that if we do not receive your request by noon on 12/1/23, the next scheduled meeting is 12/20/23. Thank you, Amy Amy L. von Hone Health Director Brewster Health Department 508.896.3701 X1120 -----Original Message ----- From: Maureen Henderson Sent: Thursday, November 30, 2023 2:05 PM Timeline of complaint for Brewster Woods Apt 209 10/26/23 — received a voice mail from Maureen Henderson, Resident in apt 209 at Brewster Woods. She stated that her apartment had been flooded with septic water and her personal items were damaged and that the septic was leaking down into the basement storage area also and this was the third time it had happened (she left voice mail on 10/25/23 around 6:45PM). An email was sent to Jacquelyn Linehan, Property Manager at Brewster Woods explaining what happened and she was asked to contact the Health Department ASAP to discuss what had occurred. She immediately called me back and explained that Robert B Our had been out the night before to fix the clog in the pipe that backed up into Ms. Hendersons apartment. Ms. Linehan stated that she offered to re -house Ms. Henderson that night, but she declined. She stated that there is a problem with the 31d floor residents flushing wipes down the toilet and that she would be doing inspections on all the apartments on the 3rd floor and would be sending out a notice that anyone found with wipes would be issued a lease violation. Ms. Henderson contacted the Health Department again before I had a chance to call her back. She explained everything to me again, including that she had photos and a video, and I stated that I had spoken to Ms. Linehan about what happened and that she had Robert B Our out to clear the clog and had hired professional cleaners to come clean the apartment. She was not happy with that answer and asked me what we were going to do about a future flood. I again stated that Ms. Linehan was trying to work on that. I asked Ms. Henderson to send me an email with her complaint and the photos and we would go from there. She gave me her email address and asked that I send her an email so she would have the email address to send the information to. I immediately sent Ms. Henderson an email so that she would have the correct address (see attached). At no time did she ask me to have an inspection of her apartment. The same day, I emailed Ms. Linehan and asked if she knew if the blockage was inside the building or outside and asked her to send me copies of work orders/invoices that RBO had given her for the work they did. 10/27/23 — Checked several times throughout the day to see if Ms. Henderson had sent her email with the complaint, photos, and video. Did not receive anything. 10/30/23 — Ms. Henderson left a voicemail again about the same issue and wanted to know why we had not sent anything to her yet by email. I sent another email to her immediately (see attached). 10/30/23 - Sherrie McCullough spoke with Ms. Linehan, and she clarified that the clogging is happening inside the building. She spoke about the wipe issue and other things that are being flushed. Ms. Linehan again stated that she will be doing inspections to try and determine where the wipes are coming from. She also stated that all residents are advised at move in time to get renters insurance in case there is any personal property damage in the apartment and that they are not liable. She had not yet received any invoices for the repair work but will forward them to us when she gets them. 11/17/23 — I received a copy of an email from Ms. Linehan that was sent to Ms. Henderson with regards to the issue and that they continue to work towards a solution. 11/17/23 — an email was sent to Amy von Hone from Ms. Henderson about what occurred and included pictures and a video. This is the first time we have heard from Ms. Henderson since 10/30/23. 11/17/23 —1 sent an email to Ms. Linehan asking for copies of the invoices for the repair and clean-up work (Received on 11/17/23 for the work done by Robert B Our). 40 Brewster Woods Drive Unit #209 10/26/2023 — Apartment 209 cleaned and disinfected by Brightworks Cleaning Company 11/17/2023 — Received a copy from Brewster Woods Management team of the Invoice for the repair work conducted by R.B. Our on 10/25/2023, in response to the backup. 11/21/2023 — Ms. Henderson requested a comprehensive housing inspection. 11/22/2023 — Housing inspection was conducted by Assistant Health Director Sherrie McCullough and Health Director Amy von Hone. After the inspection we meet with Rachel St. Germain, Assistant Property Manager, and Ralph, Maintenance Supervisor for the property. This office requested in writing a detailed action plan for preventative measures in response to the three back-ups that have occurred. 11/27/2023 — As part of the response plan a disaster remediation cleaning company was contacted to evaluate and establish an estimate for remediation needed in response to the previous backups. RB Our was contracted to do monthly maintenance of the sewer lines to prevent future backups. Meanwhile POAH is investigating a solution to the HVAC drain to mitigate future backups. 11/28/2023 — RB Our plumbing services was on-site to conduct the first monthly maintenance appointment. A clog was discovered in the same sewer line. The clog was so bad pipes had to be cut in the basement to fix the clog. A camera was sent down the pipe and found a child's toy lodged approximately 70' down the pipe from the point of entry. Monthly maintenance services will be conducted on a regular basis. Service Pro was also on site to complete an assessment of Unit 209. On Friday, December 1, a second company (Allbrite Disaster Restoration) to conduct and assessment. Both companies will submit their estimates for review by POAH. 11/29/2023 — This office received a phone call from Scott Coczela from the Community Sanitation Division at MDPH. We returned his call and shared our information regarding the back-ups. We informed him at this time there were no outstanding violations, and that the management company was putting together a preventative maintenance program. We also shared that we requested remediation to the unit be conducted by a professional cleaning company. 11/30/2023 —This office received a request to appear before the Brewster Board of Health at their next meeting. Last updated December 4, 2023 Paqe : 1 Brewster Woods Apartments Work Order No. 30 Brewster Woods Drive Date Call: 10/25/2023 06:37 P1 I Brewster,MA 02631 Status Work Completed Date Completed. 10/26/2023 09:21 AM Brief Desc: Bathroom Job Site: 121437/40-209 40 Brewster Woods Drive Apt. 209 Brewster,MA 02631 Caller Name: Maureen Henderson Caller Phone: Occupant: Office Priority: 1 -Emergency Ok to enter? YES Mobile (HOH) - Category: Plumbing SubCategory: Drain Blockage Problem Description: 3 rd time in months septic overflow into my kitchen bath hallway Parts & Labor Quantity/ Item Type/ Hours Employee Name Description Unit Price Total .0000 .00 .00 Total .00 Authorized by: _ Signed by _ Dated _ Invoice No. Full Description 3 rd time in 3 months septic overflow into my kitchen bath hallway Technician Notes: 10/25/2023 Cleaned up backup . called RB Our for emergency service .........snaked septic line, 10/26/2023 8AM apartment cleaned and disinfected by Brightworks 10/30/2023 11:09 AM Tammi Mason From: Tammi Mason Sent: Monday, October 30, 2023 8:51 AM To: Subject: FW: Complaint Good morning Maureen. I did send this email to you on Thursday. I am not sure why you didn't get it. d ian d C/fasoll Senior Department Assistant Brewster Health Department Brewster Town Offices are open to the public Monday through Thursday from 8:30 to 4:OOPM, and by appointment on Fridays. For the latest updates on Town services, please visit www.brewster-ma.gov From: Tammi Mason Sent: Thursday, October 26, 2023 11:51 AM To: Subject: Complaint Good morning Maureen, Please send me your complaint along with your pictures/videos. Thank you. C%amimi oNarson Senior Department Assistant Brewster Health Department Brewster Town Offices are open to the public Monday through Thursday from 8.30 to 4:OOPM, and by appointment on Fridays. For the latest updates on Town services, please visit www.brewster-ma.r;ov Tammi Mason From: Sherrie McCullough Sent: Monday, October 30, 2023 11:26 AM To: Tammi Mason; Amy von Hone Cc: Donna Kalinick; Jill Scalise Subject: RE: Brewster Woods complaint - Apartment 209 Hi, I spoke with Jackie first thing this morning after listening to the voicemail. She clarified that the clogging is happening inside the building. She stated at least 3' of wipes were snaked out of the internal piping. She was talking extremely fast, so I am not sure if that was the most recent unclogging or a previous event. She also commented that it is deplorable what some residents are putting into the waste line. She stated she will begin to do inspections and that generally they are conducted once a year, but the residents have not even been there a full year. She stated even if she does inspections the residents could just hide the wipes. She stated she had advised Ms. Henderson that when living in an apartment setting with others it is a good idea to get renters insurance. Per Jackie, Ms. Henderson has not gotten the renters insurance to date. I asked if she could send via email copies of work orders and invoices for repair work. She will send what she has today. She has not yet received invoices for repair work but when she receives the paperwork, she will forward them to our department. Jit ll^lP A( 41100 /C, S. Assistant Health Director Town of Brewster Beginning March 21, Brewster Town Offices will be open to the public Monday through Thursday from 8:30 to 4:00pm, and by appointment on Fridays. For the latest updates on Town services, please visit www.brewster-ma.aov. From: Tammi Mason <tmason@brewster-ma.gov> Sent: Monday, October 30, 2023 9:52 AM To: Amy von Hone <avonhone@brewster-ma.gov>; Sherrie McCullough <smccullough@brewster-ma.gov> Subject: Brewster Woods complaint Good morning, Attached are emails that were sent and received on Thursday, Friday and Monday (26th, 27th & 30th) We did do follow up and did try and contact Ms. Henderson but she did not respond. 67*am ! ClfQloR Senior Department Assistant Brewster Health Department Brewster Town Offices are open to the public Monday through Thursday from 8:30 to 4:00PM, and by appointment on Fridays. For the latest updates on Town services, please visit www.brewster-ma.gov Jacquelyn Linehan From: Sent: Cc: Subject: Hello Brewster Woods Residents, Jacquelyn Linehan Friday, September 8, 2023 4:30 PM Rachel St Germain Brewster Woods - Urgent Notice email. This is an email to follow up on the notice you will be receiving at your door by the end of the day today Friday September 8th 2023. The water to the property will be shut off from gam to 3pm on Monday September 11th 2023 to allow for us to perform some needed repairs. During this time you will be unable to use any water. This includes sinks, showers and toilets. Please plan your day accordingly. Please remember our community is on a septic system. The septic system is being compromised by items such as cigarettes, "flushable" wipes, contraceptive items, feminine products and other items outside of toilet paper that are being flushed. THIS IS URGENT- This is impacting your neighbors as it is causing the septic system to back up into units. Additionally, management has removed two kayaks that were found behind the maintenance storage shed. All personal items must be stored in your apartment home or in the storage unit provided to you. If the kayaks are not claimed by Friday September 22"d 2023, they will be disposed of. If you have any questions, please reach out to myself or Rachel(RstGermain@-poahcommunities.com) Thank you in advance for your assistance. Jacquelyn Linehan TCS", COS®, HCS® Property Manager I POAH Communities Kings Landing 1200 State St I Brewster, MA 02631 (p)508-896-5073 (f) 508-896-9349 Melpet Farms Residences 812 Route 1341 S Dennis, MA 02660 (p) 508-619-5990 (f) 508-619-7961 Brewster Woods Apartments 30 Brewster Woods Drive Unit 1071 Brewster, MA 02631 (p) 774-353-0575 (f) 774-353-0571 JLinehant@poahcommunities.com I www. oahcommunities.com POAH cov' !;.N " E5 Amy von Hone From: Amy von Hone Sent: Friday, November 17, 2023 4:20 PM To: Maureen Henderson Subject: RE: Brewster woods septic Maureen - I am in receipt of your emails. Please be advised that I have been out of the office for a couple of weeks including on the date of this most recent incident with your rental unit. I will get back to you as soon as I can after consulting with Health Department staff and the management company for Brewster Woods for additional details on the sewage overflow and follow-up response. It would also be helpful if you could clarify if there is damage to the building and/or your unit that has not been remediated yet. I am in receipt of your emails (complaints) today and recognize your concerns with the conditions at Brewster Woods, and as noted above, will get back to you after my research. If you are amenable, I can coordinate a time to meet you at your unit for an inspection next week on Monday or Wednesday late morning or afternoon. Please let me know by Monday morning when you would be available. Thank you, Amy Amy L. von Hone Health Director Brewster Health Department 508.896.3701 X1120 -----Original Message ----- From: Maureen Henderson Sent: Friday, November 17, 2023 12:10 PM To: Amy von Hone <avonhone@brewster-ma.gov> Subject: Brewster woods septic On 10/26, 1 came home to find my apartment flooded for third time with raw sewage but this time, it reached every room. I called DPH and left Voicemail. The next day, I called DPH to see when they were coming to inspect the property and was informed by Tammy Mason that they had already spoken to the property manager and were not going to do anything more. That the current remedy of notifying the tenants to stop putting things in septic was sufficient and the matter closed. I explained this was third time in as many months and this remedy wasn't working but she insisted the matter was closed. I asked how I could file a written complaint and she said there is no form. That my phone call was only way to notify Brewster DPH. I asked her to email me DPH address, gave her mine but never heard back. I had to defend myself to her because Tammy said I was offered a hotel room in Hyannis for the night after third flood but declined. So the manager was offering a viable solution and I was refusing. Who would leave their apartment that was actively flooding with septic? How would leaving save my personal property which Brewster refuses to reimburse me? Wouldn't anyone not want to lose everything they own? How would leaving for one night remove the toxic water that I would come back to? I am living in an apartment which will, not might, will flood any day because management chooses to ignore any other solution. I am asking for clarification on how I can submit a formal complaint. I have no choice at this point. Please refer to video and pics I will forward. Maureen Henderson Sent from my Whone Brewster Woods complaint from Apt 209 11/17/23 Brewster Woods complaint from Apt 209 11/17/23 Tarnmi Mason From: Tammi Mason Sent: Friday, November 17, 2023 3:10 PM To: Jacquelyn Linehan Subject: RE: Septic Hi Jackie, Would you happen to have the invoices for the repair and clean up work that was done? If so, could you please forward them to me. Thank you, Tammi Mason Senior Department Assistant Brewster Health Department Brewster Town Offices are open to the public Monday through Thursday from 8:30 to 4:OOPM, and by appointment on Fridays. For the latest updates on Town services, please visit www.brewster-ma.gov -----Original Message ----- From: Jacquelyn Linehan <jlinehan@poahcommunities.com> Sent- Friday, November 17, 2023 11:43 AM To: Maureen Henderson Cc: Rachel St Germain <rstgermain@poahcommunities.com> Subject: RE: Septic Hello Maureen, Thank you for your email. My team and I understand this is frustrating for you. We need the residents in the building to assist us by not putting wipes and other items down the drain. Our maintenance supervisor is in continued communication with Robert B Our to receive feedback on potential other solutions, but the current conversation is this is being caused by human error. At the time of move in, we spoke with each resident to stress the importance of renters insurance. We encourage everyone to purchase renters insurance to cover the cost of any damage caused by flood, fire, etc to their personal property. Brewster Woods is not liable for damage to residents personal property or automobile. We will continue to work towards another solution. Thank you, Jacquelyn Linehan TCS®, COS®, HCS®, BOS® Property Manager I POAH Communities Kings Landing 1200 State St I Brewster, MA 02631 (p)508-896-5073 (f) 508-896-9349 Melpet Farms Residences 812 Route 1341 S Dennis, MA 02660 (p) 508-619-5990 (f) 508-619-7961 Brewster Woods Apartments 30 Brewster Woods Drive Unit 1071 Brewster, MA 02631 (p) 774-353-0575 (f) 774-353-0571 JLinehan@poahcommunities.com I https://Iinkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.poahcommunities.com&c=E,1,2uTrp8bVb22045e_HdFtLm 6DBjOHiZwLMQn4-MSeNBPFSj8k4EQKWnnMco5RXPu2SWSssxlyNOotb3OBgFO9mO0ghGFFhAVaaBG9Ue_DA„&typo=l The mission of POAH Communities is to provide high quality property management and customer service to our residents. POAH Communities provides services and develops partnerships that improve the lives of our residents and communities. We are a company that develops and honors its employees and delivers long-term value to its owners and partners. -----Original Message ----- From: Maureen Henderson Sent: Friday, hJuvember 11. 2023 11;1'.' Am To: Jacquelyn Linehan <jlinehan@poahcommunities.com> Subject: Septic CAUTION: This is an EXTERNAL email. Do not click links or open attachments unless you recognize the sender and know the content is safe. So my apartment flooded for a third time in about as many months. This last time it flooded to every room in my apartment. If I wasn't there, it would have ruined everything in my apartment. The remedy of just notifying tenants to not put things in septic isn't working. I literally am living with keeping my things in buckets. You haven't even come to see what I am dealing with. You had to have the basement ceiling repaired because the septic has been allowed to sit between my floors and the basement ceiling every time. A maid with a mop can't disinfect my furniture or remove septic between the floors. Offering me to go to a hotel for the night this last time would have meant me leaving while the septic was still actively flooding my apartment. I needed to be there to save what I could since you have not responded to my request to reimburse me one dime for what I lost in personal property. You had the on site inspector come since then. Why didn't you show them the one apartment that continually gets flooded with septic? What are you going to do to fix this? Sent from my iPhone -F ee! Dur Co. Bch westsrn Ro ' �r1C, U2645 us PO A0r woods 30 $$�fm � olties Brewser, Mp 02 s or -- A ilnance charge of thirty ( daYs (19 / perlabemaeq to fihe unpaid balance a,,er 710 /2 PlIll mei toilet nice . ; .. oa/1� dr Pv1y S rrn Mn ware ii- aks r Vie. d/ins , never bac Frith fu// k ci Ran �, Rigid Opp w• Ybao�$d- ater6min°tes dh a�0e up buf did Og. - s .fu//hoar, a/I c/B ad �d out 7 bobble (parl/q/ .: t = ar. Reset toil, �' Au/ledbaok blockage) x:t Nofurtheri s assive ano �ase make chil t 24 Great WesteaYable to he Rob n Road, ffarwioheMp Our . Inc. f/�1�1-3 � lire .11 A81r� 7E4"la4f page 1 of 1 RE CE VE NOV 17 2023 BR pEPTF^ TH -Nr In voice 9rewster Woods Rd - rota! Don %6— Amir von Hone From: Maureen Henderson Sent: Tuesday, November 21, 2023 8.08 PM To: Amy von Hone Subject: Fwd: Brewster woods septic Sent from my Phone Begin forwarded message: From: Maureen Henderson Date: November 21, 2023 at 7:34:42 PM EST To: amyvonhone@brewster-ma.gov Subject: Re: Brewster woods septic On 10/26/23, 1 called Brewster DPH to inform them that the septic system where 1 lived had failed for the third time in 3 months flooding my apartment and exposing me to bio hazardous raw sewage. Your office followed up with a phone call to management here and decided no further action was warranted even though the remedy posed was the same remedy implemented since the first incident. Every . tenant in this building has and is currently being exposed to this toxic material since the sewage was allowed to seep through the floor into the common storage area. The clean up done by a maid service rather than having it done per Dept of Environmental protection guidelines regarding disposal of hazardous materials. Since then I have spoken to DPH Boston who have advised me on further action. I have requested in writing an inspection. Specifically a comprehensive inspection which is scheduled for tomorrow. They have informed me of multiple code violations including but not limited to CMR 410.130 (B) of state sanitary codes. They are also in violation of multiple DEP violations as they have not properly disposed of this hazardous waste. Not to mention Mass Title 5 violations according to DPH. The failure to respond to this crisis means they are not meeting the minimal standards of Fitness for Human Habitation for all the tenants here. I am confused regarding your asking me about the current condition of the building and my apartment. Those are questions the comprehensive inspection should answer. So, per DPH advice, I am formally requesting the following: - a comprehensive inspection - a signed and certified copy under pains and penalty of perjury of the code report at time of inspection - a copy of the report and repair order within a few days - a copy of receipt for the return of service on the landlord I will be available to provide any additional information at the inspection tomorrow. Maureen Sherrie McCullough From: Sherrie McCullough Sent: Wednesday, November 22, 2023 10:31 AM To: 'RStGermain@poahcommunities.com' Subject: Brewster Woods Unit 209 Good morning, Rachel, I understand Jackie is away and was informed that you would be the correct person to follow-up with. I was wondering if I could ask you a few questions about the back-ups/overflows that are occurring in unit 209. Can you provide the previous dates of overflows. Can you clarify that the waste overflow is only occurring in unit 209. Do you have any pictures? Could we have invoices from the services that fixed the problem, including cleaning service. Also, I understand Bright Works did the last clean-up. Are they licensed as a disaster clean up specialist as far as cleaning up the sewage? Is the management agency planning on doing any further investigation as to why this keeps happening and why it only overflows into unit 209? My health director and I are scheduled to do an inspection at her unit today at 11:00. If it is easier to respond please feel free to call 508-896-3701 ext 1120. Thank you, Sherrie ylwt-,-,Z AOCIAOV4 /C, J, Assistant Health Director Town of Brewster Beginning Nlorch 21, Brewster Town Offices will be open to the public Monday through Thursday from 8:30 to 4:00pm, and by appointment on Fridays. For the latest updates on Town services, please visit www.brewster-ma. rrov, Amy von Hone From: Amy von Hone Sent: Wednesday, November 22, 2023 2:23 PM To: rstgermain@poahcommunities.com Cc: Sherrie McCullough; Donna Kalinick; Jill Scalise; Tammi Mason; Peter Lombardi; Scott VanRyswood Subject: Unit 209, Brewster Woods - sewage overflow incidents 7/30/23, 8/25/23, 10/25/23 Attachments: SKM_C450i23112214060.pdf Tracking: Recipient Delivery rstgermain@poahcommunities.com Sherrie McCullough Delivered: 11/22/2023 2:23 PM Donna Kalinick Delivered: 11/22/2023 2:23 PM Jill Scalise Delivered: 11/22/2023 2:23 PM Tammi Mason Delivered: 11/22/2023 2:23 PM Peter Lombardi Scott VanRyswood Delivered: 11/22/2023 2:23 PM Hi Rachel - Per our inspection of Unit 209, Brewster Woods today at the request of the tenant, Maureen Henderson, please find attached a copy of the inspection report which has also been forwarded to the tenant for her records. Per our meeting with you and Ralph, maintenance supervisor, at the conclusion of the inspection, please provide the Health Department with an action plan as soon as possible to address the following items that need to be remediated: 1. Priority— a disaster remediation cleaning company to be contracted to investigate and remediate any sewage penetration and/or damage to Unit 209 and the storage area in the basement level. At a minimum in Unit 209, the HVAC utility closet, the bathroom, the food pantry, the kitchen, the living room, the bedroom and closet, and the living room closet need to be investigated. Investigation and remediation must include internal wall/floor/ceiling spaces that became contaminated/saturated with sewage. The Health Department is to be notified of the scheduled start date and a summary report is to be submitted to the Health Department representing certification by the cleaning company that all contaminated areas in Building 40 have been mitigated. Please submit a proposed action plan including timeframe to address: a. Preventative measures to be taken to prevent any additional sewage backflows into internal spaces of the building. You had stated that monthly maintenance (snaking sewage line from Unit 209) to be conducted by R B Our Company, and relocation of the HVAC drainage line and capping the floor drain in Unit 209 to close off the current source of the sewage overflow were possible solutions currently being investigated. b. As required, investigation of existing sewer pipes in the building connected to the area of the sewage overflows to take place to confirm the internal plumbing is working appropriately. c. Notification to tenants regarding inappropriate disposal of wipes which appear to be the primary source of the sewage overflows into Unit 209. d. Inspections of units, contributing to the sewage overflow, to confirm compliance with proper disposal of wipes. e. Investigation of complaint from Unit 208 of sewage odor inside one of the unit bedrooms. I will anticipate your proposed action plan (via email) as soon as possible. Please keep the Health Department notified of start and finish dates for any remediation to take place, and to schedule necessary re -inspections, when appropriate. Thank you for your cooperation today, and please do not hesitate to contact our office with any questions or concerns. Thank you, Amy Amy L. von Hone, R.S., C.H.O. Health Director Brewster Health Department 2198 Main Street Brewster, MA 02631 (0) 508.896.3701 X1120 (F) 508.896.4538 Brewster Woods Apt 209 11/22/2023 inspection 4j k, Brewster Woods Apt 209 11/22/2023 inspection U ANPW- "M" MTV Brewster Woods Apt 209 11/22/2023 inspection n 40 0,� Brewster Woods Apt 209 11/22/2023 inspection �D a.�► �,ie t l WM ,(S, LL 4 S'f- Oai'jB Inspection Form Agency Name, Address, Phone 105 Code of Massachusetts Regulations (CMR) 410.000: Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter it Address �f/j L�� WD o dS �l� �L Unit # aQ�� City/Town ,(3/G�,['S Da e: I I a3 aD?3 Time: //:,# d Total # Unit Occupants: 1 Total Unit Occupants <6 Yrs. Old: Occupant Name: tvaur"'i gt✓14�v swlOccupant Phone # MEN - Owner Name: )3,rtmSS4cs 55 b ClAiOwner Phone #: lad ) Owner Address: a 611 vv a, ,SLa � 5Je City/Town: A41)/7 Zip Code: 6c4_1,4 q #-D-welling/ Rooming Units in Dwelling: 54 # Stories: CX Floor Level of Unit: J # Sleeping Rooms: J # Habitable Rooms: A E Homeless Shelter? I Yes o Title Inspector ��z!Cl( �rr� fist vd� Dnp /►S ni' �1±� �l/il� J))1 -,-Z -6 c If violatidhs are obsdrved and checked, describe them fully on Page 3. Type of Violation Possible Code Violation Observed Responsible Use blank boxes for Section(s) Party violations not listed Owner Occupani 410.240 Exterior, Locks 270 Yard & Posting, ID, Exit 310, 400, 410 Porch signs/emergency lights 250 Handrails, steps, doors 500, 510, 520, Entry windows, roof 500,530 Rubbish—storage and 560 Interior collection Hallways, railings, stairs 520 Maintenance of Area 570 Common Illumination, windows 220, 300, 530, Areas & Egress 250 Entry Handrails Floors, walls ceilings 520 500 Interior Halls & Hallways, railings, stairs 520 Stairs Light, windows 220, 300, 530, 540 Location (circle): Front Rear Middle Left Middle Right Floor Level of Unit Bedroom 1 Ventilation 220 Ceiling height/Minimum 420 Square Footage Windows, screen 530,540 1 iahtc/niitiptc 140,300 Bedroom 2 Location (circle): Front Rear Middle Left KiddI Right Floor Level of Unit Ventilation 220 Revised May 2023 Page 1 of m�(a- U�l L ..„------.�L _.� Revised May 2023 Page 2 of _ Type of Violation Use blank boxes for violations not listed Possible Code Section(s) Violation Observed Responsible Party Owner ccupant r410.240 Ceiling height/Minimum Square Footage 420 Windows, screen 530,540 Lights/Outlets 140, 300 Sathrovm Toilet, sink, shower, tub, door 110,120,140 --� Smooth, impervious surfaces 110 Lights, outlets, ventilationJ� 140, 220, 300 1✓ Floors/walls 110 —L-14 14 1IF Il Kitchen Sink, stove, oven; good repair, cabinets, shelving, countertops impervious and smooth, space for a refrigerator 100 V Lights, outlets, ventilation, windows, screens 220, 430, 530, 540 Ceiling height 420 Floor 100 Living room and Dining Room Lights, outlets, ventilation 220, 235, 300, Ceiling height 420 UF Windows/screens 530,540 BayM Maintenance 500 Watertight 500 Illumination 300 Water Source (circle): Public Private Not Potable 130 Quantity, pressure 130 Responsible for paying MGL ch 186 s 22, metering 130 Hot Water Fuel Type (circle): Natural Gas Oil Electric Other Temp.: °f Location taken: Quantity and/or pressure insufficient or temperature above or 150 6 Revised May 2023 Page 2 of _ Type of Violation Possible Code Violation Observed Responsible Use blank boxes for Section(s) paw violations not listed Owner ccupant 410.240 below required temps Sinks -110 F min, 130 F max r / Bath/shower 110 F min —120 F max Venting of water heater 170 Type (circle): Forced Hot Water Forced Hot Air Steam Electric Other: Heating Temp.: of Location taken: Impermissible portable 160 units or space heaters N (e.g. fuel supply located less than 42 inches from burner, unvented gas burning units) Minimum temperatures 180 not maintained in every Habitable room and every bathroom during heating season (5/31- 9/15) 7 am to 11 pm: 68 F Note: measure 5 feet from wall, 5 feet from floor Venting, metering Type (circle): 110 220 170, 200, 210 Amp: Electrical Metering and access 200 Insufficient amperage, 320 t porary wiring, Ty a (circle): Public Private S Drainage, Plumbing In fficient or maintained Sanitary 130, 235, 300 x ✓ cc L4P V - drainage system Not in required locations 330 Smoke & CO or operational Detectors Pests (rodents, skunks, 550,570 Pests cockroaches, insects) Structural maintenance 500,540 t% and elimination of harborage Damaged, friable, holes, 250 1 / v Asbestos cracks, tears Revised May 2023 Page 3 of Revised May 2023 Page 4 of _ Type of Violation Possible Code Violation Observed Responsible Use blank boxes for Section(s) Party Owner Dccupant violations not listed 410.240 Lead Paint Licensed Code 410.470 Enforcement Lead 105 CMR A Determinators offer 460.00 determination for pre-'78 unit with a child < 6 Curtailment Curtailment without 003 reasonable notice or temporary emergency Access Less than 48 hours' 003 notice to the occupant for non-emergency repairs Laundering Laundering between 230 individuals (Bed linens/towels/blankets) Laundering frequency (Bed linens/towels/blankets/pi�la How & mattress covers) ,u� a , v1a� Mattress not cleaned or replaced when not in good condition. Other Revised May 2023 Page 4 of _ Amy von Hone From: Amy von Hone Sent: Monday, November 27, 2023 9:51 AM To: Maureen Henderson Cc: Sherrie McCullough Subject: FW: Unit 209, Brewster Woods - sewage overflow incidents 7/30/23, 8/25/23, 10/25/23 Attachments: SKM_C450i23112214060.pdf Maureen - Initial response emailed to POAH after our inspection with you and a follow-up meeting with Rachel St. Germain and Ralph (Maintenance) regarding the sewage overflow. You have advised me via phone today that POAH is attempting to access your unit with a disaster remediation cleaning company, and they have also advised you that R B Our will be maintaining the sewer lines on a monthly basis while they investigate a solution to the HVAC drain in your unit to prevent future sewage backups. Please keep Sherrie and I posted on the response from POAH and we will advise you of the same from our office. Thank you, Amy Amy L. von Hone Health Director Brewster Health Department 508.896.3701 X1120 From: Amy von Hone Sent: Wednesday, November 22, 2023 2:23 PM To: rstgermain@poahcommunities.com Cc: Sherrie McCullough <smccullough@brewster-ma.gov>; Donna Kalinick <dkalinick@brewster-ma.gov>; Jill Scalise <jwertz-scalise@brewster-ma.gov>; Tammi Mason <tmason@brewster-ma.gov>; Peter Lombardi <plombardi@brewster-ma.gov>; Scott VanRyswood <svanryswood@brewster-ma.gov> Subject: Unit 209, Brewster Woods - sewage overflow incidents 7/30/23, 8/25/23, 10/25/23 Hi Rachel - Per our inspection of Unit 209, Brewster Woods today at the request of the tenant, Maureen Henderson, please find attached a copy of the inspection report which has also been forwarded to the tenant for her records. Per our meeting with you and Ralph, maintenance supervisor, at the conclusion of the inspection, please provide the Health Department with an action plan as soon as possible to address the following items that need to be remediated: 1. Priority — a disaster remediation cleaning company to be contracted to investigate and remediate any sewage penetration and/or damage to Unit 209 and the storage area in the basement level. At a minimum in Unit 209, the HVAC utility closet, the bathroom, the food pantry, the kitchen, the living room, the bedroom and closet, and the living room closet need to be investigated. Investigation and remediation must include internal wall/floor/ceiling spaces that became contaminated/saturated with sewage. The Health Department is to be notified of the scheduled start date and a summary report is to be submitted to the Health Department representing certification by the cleaning company that all contaminated areas in Building 40 have been mitigated. Amir von Hone _ From: Maureen Henderson Sent: Tuesday, November 28, 2023 9:37 AM To: Amy von Hone Cc: Shawna Subject: Re: Unit 209, Brewster Woods - sewage overflow incidents 7/30/23, 8/25/23, 10/25/23 Attachments: SKM_C450i23112214060.pdf Good morning The cleaning company is scheduled for evaluation today which is a start but it's been almost a week and nothing to my knowledge has been done about the septic itself. Because of the frequency that septic fails, it could happen any moment. Did they order septic to come when they acknowledged the problem 5 days ago? Why not? If that company wasn't available then they should have called another. It should have been done before the cleanup. They need to provide me with a written plan of exactly when the septic will be coming for scheduled maintenance Once a month? On the first of the month? At this point I need copies of the invoices proving the work was done because they had not acted in good faith since July. I need to know when they're coming which should have been within 48 hrs of notification of emergency violation of Sanitary Code. I have provided proof that the septic overflowed about 30 days between first and second time. So saying once a month is not adequate. They could come on the first one month then not until the 15th the next and it would be too late. I wish I could trust them to do the right thing but reality is I'm sitting here in my apartment 6 days after inspection and nothing has been done to maintain septic lines. I know they will fight with everything they have to not comply with the request to provide specific day for monthly maintenance and proof that they are in compliance but so far they haven't acted in good faith through this whole process. The question is why not? Why can't they schedule Our Septic to come on the first of every month? Why not just give us the invoices? Or copy of contract with septic company? Please keep me updated if you know more. Thank you in advance Maureen Sent from my iPhone On Nov 27. 2023, at 9 5:1 AM, Amy von Hone <avonhone@brewster-ma.gov> wrote: Maureen - Initial response emailed to POAH after our inspection with you and a follow-up meeting with Rachel St. Germain and Ralph (Maintenance) regarding the sewage overflow. You have advised me via phone today that POAH is attempting to access your unit with a disaster remediation cleaning company, and they have also advised you that R B Our will be maintaining the Amy von Hone From: Amy von Hone Sent: Tuesday, November 28, 2023 5:05 PM To: rstgermain@poahcommunities.com; jlinehan@poahcommunties.com Cc: Sherrie McCullough; Donna Kalinick; Jill Scalise; Tammi Mason; Peter Lombardi; Scott VanRyswood; Maureen Henderson Subject: RE: Unit 209, Brewster Woods - sewage overflow incidents 7/30/23, 8/25/23, 10/25/23 Rachel - As a follow-up to my email from last week regarding Unit 209, to date I have not received a copy of your action plan for the necessary actions spelled out in my corrective orders (see email below). Additionally, I have since received several notifications from the tenant, Maureen Henderson, regarding scheduling of contractors for professional cleaning of the unit and maintenance of the sewer line. Maureen's last email expressed her disagreement with use of her bathroom for monthly access to snake the sewer line, as was conducted today. During our conversation last week, I specifically stated my concerns with use of Maureen's bathroom for monthly sewer line maintenance, and that another access point would need to be determined. I also have not received any notifications from you regarding the contractors or their scheduled appointments to date for the appropriate mitigation measures spelled out in the corrective orders. Please remit to the Health Department by end of day, Thursday, 11/30/23, a copy of your action plan, mitigation measures completed to date, and most importantly, permanent corrective measures to be taken as soon as possible to prevent back up of sewage into Unit 209 and any other units in Building 40. Submittal of this information is required to avoid further enforcement action. Thank you for your cooperation. Amy Amy L. von Hone Health Director Brewster Health Department 508.896.3701 X1120 From: Amy von Hone Sent: Wednesday, November 22, 2023 2:23 PM To: rstgermain@poahcommunities.com Cc: Sherrie McCullough <smccullough@brewster-ma.gov>; Donna Kalinick <dkalinick@brewster-ma.gov>; Jill Scalise <jwertz-scalise@brewster-ma.gov>; Tammi Mason <tmason@brewster-ma.gov>; Peter Lombardi <plombardi@brewster-ma.gov>; Scott VanRyswood <svanryswood@brewster-ma.gov> Subject: Unit 209, Brewster Woods - sewage overflow incidents 7/30/23, 8/25/23, 10/25/23 Hi Rachel - Per our inspection of Unit 209, Brewster Woods today at the request of the tenant, Maureen Henderson, please find attached a copy of the inspection report which has also been forwarded to the tenant for her records. Per our meeting with you and Ralph, maintenance supervisor, at the conclusion of the inspection, please provide the Health Department with an action plan as soon as possible to address the following items that need to be remediated: 1. Priority— a disaster remediation cleaning company to be contracted to investigate and remediate any sewage penetration and/or damage to Unit 209 and the storage area in the basement level. At a minimum in Unit Amy von Hone _ From: Amy von Hone Sent: Thursday, November 30, 2023 5:05 PM To: Maureen Henderson Cc: Tammi Mason; Sherrie McCullough Subject: Board of Health Hearing Request Tracking: Recipient Delivery Maureen Henderson Tammi Mason Delivered: 11/30/2023 5:05 PM Sherrie McCullough Delivered: 11/30/2023 5:05 PM Maureen - Our next meeting is Wednesday, December 6th at 6:30 pm at Brewster Town Hall. The agenda has already been approved and legally posted, however, I have confirmed with the Board of Health Chairman, David Bennett, that he will allow the agenda to be revised and include your request for December 6th. Please submit a formal request in writing by Friday, 12/1/23 by noon (email sent to me is acceptable) to the Board of Health Chairman to be placed on the Board of Health agenda. In your request, please state your reason for appearing before the Board of Health. Please be advised that if we do not receive your request by noon on 12/1/23, the next scheduled meeting is 12/20/23. Thank you, Amy Amy L. von Hone Health Director Brewster Health Department 508.896.3701 X1120 -----Original Message ----- From: Maureen Henderson Sent: Thursday, November 30, 2023 2:05 PM To: Amy von Hone <avonhone@brewster-ma.gov> Subject: Septic Just got off phone with Scott from DPH. He advised me the next step is to request a hearing with the town DPH Board. When is the next one and how do I request hearing? Maureen Sent from my iPhone Amy von Hone From: Amy von Hone Sent: Friday, December 1, 2023 Z 415 PM To: Maureen Henderson Cc: Sherrie McCullough; Tammi Mason Subject: FW: Board of Health Hearing Request Tracking: Recipient Delivery Maureen Henderson Sherrie McCullough Delivered: 12/1/2023 4:45 PM Tammi Mason Delivered: 12/1/2023 4:45 PM Maureen - The Board of Health (BOH) is comprised of 5 elected officials who will listen to your presentation, review any written materials you have submitted, ask you questions on your presentation, and respond to your questions and concerns. The BOH chairman conducts the meeting and facilitates discussions that take place between BOH members, meeting attendees and the general public. These meetings are open to the public, are televised and recorded for future viewing. I have attached a link of the Brewster website Brewster Government Television.. cablecast.tvl where you can access past BOH meetings for viewing to become familiar with the process. The BOH will be interested in any pictures or documents related to your presentation. The BOH agenda and packet of information related to the agenda are distributed to the members on the Friday before the meeting. Packets have already been distributed for the 12.6.23 meeting, however, we are currently gathering additional information for distribution of a supplemental packet on Monday 12.4.23. Please forward any pictures and/or documents you wish to have included in the supplemental packet by Monday at noon. We will include you in the supplemental email distribution of the agenda and the packet on Monday. The current BOH agenda and packet are available at the following links. Board of Health IRm A})Town of Brewster {brewster-ma. ov and BOH12.6.23 packet ilaserfiche.comf My staff and I will be available next week for any additional questions. Thank you, Amy Amy L. von Hone Health Director Brewster Health Department 508.896.3701 X1120 From: Amy von Hone Sent: Friday, December 1, 2023 12:49 PM To: Maureen Henderson Subject: RE: Board of Health Hearing Request Thank you Maureen. I can provide you with additional information prior to the meeting. I am currently tied up with another issue if I can't get back to you today. Amy L. von Hone Health Director Brewster Health Department 508.896.3701 X1120 From: Maureen Henderson Sent: Friday, December 1, 2023 11:38 AM To: Amy von Hone <avonhone brewster-ma.rov> Subject: Re: Board of Health Hearing Request I am formally requesting a hearing before Brewster DPH on Dec 6 to seek service of Enforcement Order on Brewster Woods (POAH) for violations of 105 CMR 410.000 of the Minimum Standards of Fitness for Human Habitation (State Sanitary Code, Chapter 11). Would you please send me any information regarding the hearing format, rules and how to present evidence of my case? Thank you in advance, Maureen Sent from my iPhone On Nov 30, 2023, at 5:04 PM, Amy von Hone <avonhone(r�-brewster-ma.gov> wrote: Maureen - Our next meeting is Wednesday, December 6th at 6:30 pm at Brewster Town Hall. The agenda has already been approved and legally posted, however, I have confirmed with the Board of Health Chairman, David Bennett, that he will allow the agenda to be revised and include your request for December 6th. Please submit a formal request in writing by Friday, 12/1/23 by noon (email sent to me is acceptable) to the Board of Health Chairman to be placed on the Board of Health agenda. In your request, please state your reason for appearing before the Board of Health. Please be advised that if we do not receive your request by noon on 12/1/23, the next scheduled meeting is 12/20/23. Thank you, Amy Amy L. von Hone Health Director Brewster Health Department 508.896.3701 X1120 Sherrie McCullough From: Rachel St Germain<rstgermain@poahcommunities.com> Sent: Monday, December 4, 2023 12:12 PM To: Amy von Hone; Sherrie McCullough; Jacquelyn Linehan Cc: Ralph Mitchell; Tikki Stracuzzi; Victoria White; Tracy Weick Subject: Follow-up regarding apartment 209- Maureen Henderson Attachments: FW: Brewster Woods Hi Amy, Thank you for speaking with Jackie and 1 last week. My apologies for the delay in getting back to you, we will get all other materials requested to you as soon as possible. Please see the following regarding an anticipated timeline in order to get this issue under control: 1. ServicePro was onsite Tuesday, 11/28/2023 in order to complete an assessment of the space per your and Ms. Henderson's request for a disaster remediation cleaning company. Please find the attached report regarding their recommendations. We have also had Allbrite Disaster Restoration onsite Friday, 12/1/2023, in order to submit a secondary assessment for any mitigation/ remediation plans. As soon as we have a quote we will copy you on this, and depending on the vendor's availability, we will anticipate work to begin as early as this week. As discussed on our call last week, the work required for this matter will likely require Ms. Henderson to be moved temporarily during this time. We will schedule accordingly with Ms. Henderson in advance of this. 2. Robert B Our plumbing services, was onsite 11/28/23 for the first monthly preventative maintenance appointment. While deploying the camera they found a children's toy lodged approximately 70 feet down the pipe from the point of entry. The obstruction was removed, and no further blockage was detected at the time. Per our conversation with Ed Miles, master plumber, we are anticipating that regularly scheduled PM appointments will take place mid -month, subject to change depending on their availability. We will forward a proposal in writing as soon as that has been received. Please see his attached email regarding his opinion on the subject following this week's appointment. 3. Unit inspections for all residents at Brewster Woods will be conducted by management and will take place on Tuesday, December 12. We will notify them via sitewide notice this week. 4. We will add a firm reminder regarding best practices to mitigate these occurrences along with the notice of the resident inspections. 5. Our management team, along with help from our facilities management department and development team, are reviewing blueprints for possible solutions regarding the existing structure and possibility of rerouting the condensate line outlet. We will be meeting along via zoom in the next few days, and will keep you posted with any changes to follow. b. Regarding unit 208, we have not had any complaints from this tenant regarding concerns of this nature. I was in this unit myself last week, and the housekeeping within the unit is truly wanting (dirty diapers on the floor along with trash, food waste, etc., I do have photos if you would like to see this). When onsite with ServicePro on Tuesday and Allbrite on Friday for their assessments, Ms. Hindle was off-site and unreachable via phone therefore we were unable to enter in order to assess the current condition. At this time, we do not believe Ms. Hindle's unit was effected in any way, however we will advise the tenant that there will be some exploratory measures to be taken when the contractor is chosen to ensure this is the case. Thank you for your assistance as we work to get this resolved, it is truly appreciated. Rachel St. Germain, TCS® Assistant Property Manager I POAH Communities Kings Landing Apartments Sherrie McCullough ti From: Jacquelyn Linehan <jlinehan@poahcommunities.com> Sent: Friday, December 1, 2023 3:49 PM To: Rachel St Germain Subject: FW: Brewster Woods Attachments: 20231128_165030 jpg Jacquelyn Linehan TCS®, COS®, HCS®, BOS® Property Manager I POAH Communities Kings Landing 1200 State St I Brewster, MA 02631 (p)508-896-5073 (f) 508-896-9349 Melpet Farms Residences 812 Route 1341 S Dennis, MA 02660 (p) 508-619-5990 (f) 508-619-7961 Brewster Woods Apartments 30 Brewster Woods Drive Unit 1071 Brewster, MA 02631 (p) 774-353-0575 (f) 774-353-0571 JLinehan aoahcommunities.com 1 www.poahcommunities.com rVer PC�AN cok*AVr4MS The mission of POAH Communities is to provide high quality property management and customer service to our residents. POAH Communities provides services and develops partnerships that improve the lives of our residents and communities, We are a company that develops and honors its employees and delivers long-term value to its owners and partners. From: Ed Miles <EMiles@robertbour.com> Sent: Wednesday, November 29, 2023 8:21 AM To: Jacquelyn Linehan <jlinehan@poahcommunities.com> Subject: Brewster Woods Hi Jackie, Welcome back from a well deserved vacation! Last night we found the obstruction that I believe has caused the multiple backups for apartment 209. It was a hard plastic spoon that was wedged sideways in the expansion coupling and wouldn't move. Waste would cause a blockage on one half while the other half flowed until too much debris caused the other half to clog as well. (see attachment). This work should satisfy the Brewster BOH. I would check with Amy to see if she is satisfied and will remove the mandatory monthly drain work. As of now, we are scheduled to return at the end of December. Let me know. Ralph also thought we are on a monthly recurring drain clear for a couple of apartments at Kings Landing. We do not have anything set up. Please advise. Thanks Ed Miles 508-942-7626 Robert B. Our Co., Inc. 24 Great Western Road ■ Harwich, MA 02645 * 508-432-0530 r)v A; Ruuz uva Lr "ac The contents of this email message and any attachment are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. If you are not the intended recipient, you are hereby notified that any use, dissemination, copying or storage of this message or its attachments is strictly prohibited. From: Ed Miles <EMiles robertbour.com> Sent: Wednesday, November 29, 2023 8:10 AM To: Ed Miles <EMiles robertbour.com> Subject: Spoon Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android FW "po 't 0 0 co co IIJIJ1111111 December 1, 2023 By Hand DeliveEX Mr. Myles Franklin and Occupants 94 Belmont Park Road Brewster, MA 02631 Town of Brewster 2198 MAIN STREET BREWSTER, MASSACHUSETTS 02631-1898 PHONE: 508.896.3701 EXT. 1120 FAX: 508.896.4538 brhea1t_h(&brcwster-ma.goy WWW.BREWSTER-MA.GOV 94 BELMONT PARK ROAD, BREWSTER, MA EMERGENCY CONDEMNATION ORDER DWELLING UNFITS FOR HUMAN HABITATION Health Department Amy L. von Hone, R.S., C.H.O. Director Sheriie McCullough, R.S. Assistant Director Tammi Mason Senior Department Assistant In accordance with Sections 127A and 127B of Chapter I I I of the Massachusetts General Laws, 105 CMR 400.000, et Lqq. (State Sanitary Code, Chapter 1, General Administrative Procedures, and 105 CMR 410.000, et �jM. (State Sanitary Code, Chapter 11, Minimum Standards of Fitness for Human Habitation), the Board of Health of the Town of Brewster (the "Board"), acting by and through its duly authorized agent, Health Director Amy von Hone, has found that the dwelling units located in the basement of the premises located at 94 Belmont Park Road, Brewster, Massachusetts, are unfit for human habitation and cannot be reoccupied, based on conditions, which, pursuant to 105 CMR 410. 100, 410.220, 410.235 (8) and (15), 410.260, 410.320, 410.430, 410.630 (6), (7), (8), 410.130, 3 10 CMR 15.000 Title 5 Regulations, and the Brewster Private Well Regulations, are deemed to endanger or impair the health, safety and welfare of the persons occupying said premises. Specifically, based on complaints by your former tenant, an inspection conducted on November 28, 2023, revealed the following violations of the State Sanitary Code: 105 CMR 410. 100: Lack of Kitchen Facility 105 CMR 410.130: Lack of Potable Water/Sanitary Drainage, substandard size sewage disposal system 105 CMR 410.220: Lack of Natural and Mechanical Ventilation 105 CMR 410.23 5 (8) and (15): Lack of Owner's Installation, Maintenance and Repair Responsibilities for Conventional Cooktop and Oven, Reffigerator with freezer 105 CMR 410.260: Lack of Means of Egress 105 CMR 410.320: Lack of proof of Adequate Electrical Services 105 CMR 410.430: Lack of Natural Light and Obstructions 105 CMR 410.630 (4), (6), (7), (8): Existing Conditions Deemed to Endanger or Materially Impair Health or Safety (4): Failure to provide electrical facilities required by 105 CMR 410.300(A) -(E) (6): Failure to provide legally permitted bathroom facility and sewage disposal system (7): Failure to provide kitchen sink, conventional cooktop and oven, and reffigerator N:\Health\Complaints\94 Belmont Park M9 L4\2023 Complaint\Emergency Condemnation Order 94 Belmont Park Road 12.01.23.doe (8): Failure to provide and maintain adequate exits in case of an emergency MA Title 5 Sewage Disposal Regulations 310 CMR 15.204: Increases in Design Flow to System Brewster Private Well Regulations Section 4 (C) (6): Well serving property which is rented or leased shall be tested a minimum of once every year. As you have previously been warned on several occasions, you are prohibited from using the basement for bedroom purposes due to the size and location of your septic system and you are prohibited from renting any portion of the building according to the Deed Rider held by the Town. In light of the foregoing and in accordance with 105 CMR 410.100, 410.220, 410.235 (8) and (15), 410.260, 410.320, 410.430, 410.630 (6), (7), (8), 410.130, 310 CMR 15.000 Title 5 Regulations, and the Brewster Private Well Regulations Sect. 4 (C) (6), the conditions in the basement unit of the property are unfit for human habitation and there is a danger to the life and health of the occupants that is so immediate that no delay may be permitted in the issuance of an order requiring that the premises be vacated and secured. I have been informed that your former tenant vacated the premises on November 30, 2023. Therefore, as a result of the reported conditions, it is hereby ordered that said premises shall not be re- entered or re -occupied without the prior written permission of the board of health; and further that the owner shall secure the property within twenty-four hours of receipt of this order. Please be advised that no person is to occupy the dwelling units in the basement of the property for any length of time unless and until the conditions cited in this notice have been corrected and the Board of Health has certified, in writing, that the premises are safe for human habitation. Please be advised that the Board of Health will consider this matter at its meeting at 6:30 pm on December 6, 2023 in the Brewster Town Hall and instructions for joining the meeting remotely will be provided in the Board's meeting notice posted forty-eight hours prior thereto. At said meeting you will be given an opportunity to be heard and to present witness and documentary evidence as to why this order should be modified or withdrawn. You may be represented by an attorney. Please be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders, notices, and other documentary information in the possession of this Board. This is an important legal document. If you have any questions, please call this office at 508-896-3701 ext. 1120. Sincerel y L. von Hone, R.S., C.H.O et alh Director cc: Cape Cod Cooperative Bank Brewster Building Department Brewster Town Manager/Select Board Brewster Fire Department Brewster Board of Health Brewster Housing Office Atty. Gregg Corbo, KP Law Proof of Receipt: Myles Franklin Date: December 1, 2023 NAHealth\Complaints\94 Belmont Park M9 L4\2023 Complaint\Emergency Condemnation Order 94 Belmont Park Road 12.01.23.doc Town of Brewster 2198 MAIN STREET BREWSTER, MASSACHUSETTS 02631-1898 PHONE: 508.896.3701 EXT. 1120 FAX: 508.896.4538 brh e alth[u.! brewster-m a. a ov W W W.BREW STER-MA.GOV Health Department Amy L. von Hone, R. S., C.H.O. Director Sherrie McCullough, R.S. Assistant Director 94 Belmont Park Road (Map 9 Lot 4) Timeline of Events Tammi Mason Senior Department Assistant Property Description: - 1990 new construction of a 2 Bedroom Dwelling with a 1978 Title 5 septic system grandfathered for 2 bedrooms (leach capacity 353 gpd) - Property is 20,976 sf and located within the Zone II, DCPC, and serviced by a private well - 1992 Building Waiver approved to finish 2nd floor with 2 bedrooms and 1 bath per floor plan submitted with application - Existing dwelling contains up to 4+ bedrooms; up to 4 bedrooms have been advertised as rental units by the owner - Current owner as of 1/18/2008: Myles Franklin, 94 Belmont Park Road, Brewster, MA 02631 Timeline of Events related to Emergency Condemnation Order of Basement Units: 6/23/20: Building Department letter to owner addressing advertisement of basement bedrooms for rent. Owner required to file with Building Department to change use and legalize bedrooms. 3/29/21: Brewster Assessor notified Health, Building, Housing, and Town Manager of appraiser report for refinancing of property. Report indicates 2 bedrooms and bathroom in basement with non -family members leasing space. 4/5/21: Building Department update on historical permitting of property. 1990 original construction of 2 bedroom house and 1992 permit for finishing 2nd floor. Records are unclear and Building Commissioner determined dwelling is 2 bedrooms and permits for 2nd floor and basement are not recognized as bedrooms. 4/8/21: Letter to owner from Housing Coordinator regarding illegal rental and refinancing of dwelling. 5/14/21: Letter to owner from Health Department outlining numerous violations under Housing, Title 5, Private Well regulations. Owner required to Cease and Desist use of illegal bedrooms in dwelling. 7/8/21: Health Department witnessed soil test with Sweetser Engineering. Advised engineer of restrictions onsite: Zone II, DCPC, private well limiting number of bedrooms to 3 maximum. 10/21/21: Team meeting (Building, Health, Town Manager, Housing) to discuss opinion of state that Town advised to deny refinance request. Appraisal pictures of property show 4 bedrooms N:\Health\Complaints\94 Belmont Park M9 L4\2023 Complaffiffimeline of Events 94 Belmont Park Road 12.04.23.docx -1- and family room. Town will issue letter stating can't approve refinancing due to violations. If owner unresponsive, may need to proceed with Health/Building codes for illegal bedroom use. 11/9/21: Team meeting (Town Manager, Housing, Building, Health) with owner to discuss continued violations and advise no additional bedrooms allowed beyond the existing 3 bedrooms. Engineer must contact Health Department to confirm I/A is part of septic system upgrade. 11/10/21: Letter to owner from Assist. Town Manager and Housing Coordinator regarding instructions for owner to have septic engineer contact Health Department. 2/1/22: Follow-up with Town staff regarding no additional information from owner regarding septic system upgrade or basement apartment. 8/8/22: Complaint received by basement tenant Steve Norton who has been living at 94 Belmont Park Road for 14 months. Concern with mold and dampness in unit. Use of adjacent laundry facilities by all occupants of house exacerbates his health issues. Owner had promised tenant use of full kitchen and dehumidifier but hasn't to date. Only access to basement is through full size door on bulkhead. His rooms in basement do not have full size egress windows. Health Department advised tenant of illegal basement apartment and tenant granted permission to inspect and would schedule a date. 8/10/22: Tenant contacted Health Department to put hold on inspection of basement unit until he seeks legal counsel. 8/12/22: Health Department advised tenant of new units available at Serenity and connected him with Housing Coordinator. 8/15/22: Tenant confirmed additional tenants renting rooms in dwelling. 8/16/22: Tenant researching other rental property and does not want inspection conducted for fear of repercussions form landlord. 8/17/22: Health and Housing Coordinator in communication with basement tenant regarding rental complaint. Tenant still refusing access to basement unit for fear of repercussions from landlord. 8/18/22: Health Department spoke with basement tenant Steve Norton who was investigating other rental options and consulting with legal counsel. 8/31/22: Team meeting regarding illegal rental units, bank loan to strategize action plan for compliance. Access to basement rental unavailable. 9/15/22: Team meeting (Planning, Health, Housing, Building) to discuss violations and suggest drafting two violation notices — Select Board for Affordable Housing issues, Joint letter from Building/Health for illegal basement dwelling units. Confirmed Building Waiver approving maximum 3 bedrooms in dwelling (11 and 2nd Floor). Basement rooms exceed grandfathered septic capacity. 9/26/22: Order to Cease and Desist renting, leasing or marketing any portion of property for rent or lease without written approval from Town issued to owner from Assistant Town Manager, 9/27/22: Notification from Town Manager's office regarding call from owner who was upset and didn't understand why he couldn't rent rooms in his home. Owner stated he was not going to rent the basement in the interim. Town manager's office scheduled a team meeting with owner to discuss all related issues on 10/18/22. 9/8/23: Basement tenant, Nancy Velasquez, called Health Department requesting information on potential contamination of apartment due to landlord illness from shared AC unit. Tenant has been there since April, 2023 but did not lodge a formal complaint due to harassment N:\Health\Complaints\94 Belmont Park M9 L4\2023 Complaint\Timeline of Events 94 Belmont Park Road 12.04.23.docx -2- from landlord and potential loss of housing. Property address was not identified during this call. 10/18/23: Team meeting (Building, Health, Housing, Planning, Town Manager) with owner, Myles Franklin regarding illegal basement apartments, unapproved solar panel installation permit, unauthorized bank loan, rental of 2nd floor bedrooms. Owner stated basement not being rented or advertised. Housing Coordinator to provide application to owner for Deed Restriction Leasing Request. 11/20/23: Formal complaint lodged by basement tenant at 94 Belmont Park Road regarding illegal basement apartment with mold issues, lack of egress. Tenant is vacating property on November 30, 2023. 11/28/23: Housing inspection of basement dwelling units by Health, Building, Fire, and Police Department staff with current occupant of units, Nancy Velasquez. 12/1/23: Team meeting with Town Counsel Gregg Corbo regarding illegal basement rental units, illegal 2nd floor rental units, unapproved bank refinance loan. Town Counsel instructed Health Department to post an Emergency Condemnation Order for the basement rental units as soon as possible. 12/1/23: Hand delivery/posting of Emergency Condemnation Order of dwelling units located in basement. Property owner not at home, basement apartment appearing empty. Property owner called while Health staff onsite and advised owner of Emergency Posting and scheduling of hearing on 12/6/23 before the Board of Health. Owner indicated his availability to attend hearing via Zoom access online. N:\Health\Complaints\94 Belmont Park M9 LA\2023 Complaint\Timeline of Events 94 Belmont Park Road 12.04.23.docx -3- k4, Chr,A� WAWA hrL Ghwk wI dall f D/- ic r#mmts5111, Inspection Form 61Cc Wd b1 OaWi%gency Name, Address, Phone 105 Code of Massachusetts Regulations (CMR) 410.000: Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter 11 Address q4 Nrom Unit# City/Town byti,�ES�t� Oate; i3� Time: Lf : d(L Total # Unit Occup Occupant Name: Owner Name: JA - Owner Address: �I� ! G -d # Dwelling/ Rooming Units in Dwelling: # Sleeping Rooms: - ({i✓' M In l� t'A/H 11 Homeless Shelter? Yes I e& -tor AA Ck I I Lq fi Am vt*i Total Unit Occupants <6 Yrs. Old: Occupant Phone #: Owner Phone #: City/Town: Zip Code: 6"LL.3i # Stories: oZ Floor Level of Unit: 9m� # Habitable Rooms: Title nsp Nl /�L G F If are observed and checked, describe them fully on Page 3. violatifts Type of Violation Use blank boxes for violations not listed Possible Code Section(s) Violation Observed Responsible Party Owner Occupant 410.2400 Locks 270 Exterior, Yard & Posting, ID, Exit 310, 400, 410 Porch signs/emergency lights Handrails, steps, doors 500, 510, 520, windows, roof 500,530 Rubbish—storage and 560 collection Maintenance of Area 570 Illumination, windows 220, 300, 530, Common Areas & Egress 260 Entry Handrails Floors, walls ceilings 520 500 Interior Halls & Hallways, railings, stairs 520 Stairs Light, windows 220, 300, 530, 540 Location (circle): Front Rear Middle Left Middle Right Floor Level of Unit Bedroom 1 Ventilation 220 Ceiling height/Minimum 420 Square Footage Windows, screen 530,540 Lights/Outlets 140,300 Location (circle): Front Rear Middle Left Middle Right Floor Level of Unit Bedroom 2 Ventilation Revised May 2023 220 Page 1 of 4 Revised May 2023 Page 2 of -4 Type of Violation Use blank boxes for violations not listed Possible Code Section(s) Violation Observed Responsible Party Owner ccupant 410.240 Ceiling height/Minimum Square Footage 420 Windows, screen 530,540 Lights/Outlets . 140,300 Bathroom Toilet, sink, shower, tub, door 110,120,140 Smooth, impervious surfaces 110 Lights, outlets, ventilation 140, 220, 300 Floors/walls 110 Kitchen Sink, stove, oven; good repair, cabinets, shelving, countertops impervious and smooth, space for a refrigerator 100 Lights, outlets, ventilation, windows, screens 220, 430, 530, 540 Ceiling height 420 Floor 100 Living room and Dining Lights, outlets, ventilation 220, 235, 300, Room Ceiling height 420 Windows/screens 530,540 Basement Maintenance 500 Watertight 500 Illumination 300 Water Source (circle): Public Private Not Potable 130 Quantity, pressure 130 Responsible for paying MGL ch 186 s 22, metering 130 Hot Water Fuel Type (circle): Natural Gas Oil Electric Other Temp.: °f Location taken: Quantity and/or pressure insufficient or temperature above or 150 Revised May 2023 Page 2 of -4 Electrical Type of Violation Possible Code Violation Observed Amp: Use blank boxes for Section(s) Metering and access violations not listed below required temps 320 Sinks - 110 F min, 130 F max temporary wiring, Bath/shower 110 F min —120 F Drainage, max Venting of water heater 170 Heating Type (circle): Forced Hot Water Forced Hot Air Steam Electric Other: 13235, 300 Temp.: Of Location taken: unmaintained Sanitary Impermissible portable 160 units or space heaters (e.g. fuel supply located Not in required locations less than 42 inches from Smoke & burner, unvented gas or operational burning units) Detectors Minimum temperatures 180 not maintained in every Habitable room and every bathroom during heating season (5/31- 9/15) 70M to 11 pm: 68 F Note: measure 5 feet from wall, 5 feet from floor Venting, metering 170, 200, 210 Electrical Type (circle): 110 220 Amp: Metering and access 200 Insufficient amperage, 320 temporary wiring, Drainage, Type (circle): Public Privat Plumbing Insufficient or 13235, 300 unmaintained Sanitary drainage system Not in required locations 330 Smoke & CO or operational Detectors Pests Pests (rodents, skunks, 550,570 cockroaches, insects) Structural maintenance 500,540 and elimination of harborage Asbestos Damaged, friable, holes, 250 cracks, tears Revised May 2023 S.Sl W its Responsible Party Owner ccupant 410.240 L/ Page 3 of - ,I -I Leyk) OascmtA LA -VI tOOrk) ND ,'lc Ula l trzn� �1Cchi,✓I _101451 Cur�L Roamf� >u hack I cif NO zvI ��5 01) (YLeGnS G� �� l 4-, /Vo efcrmL syr, 0 ng PW/mebh101 c� 1 y7n JI fr y — access �v ups �3 �S bIbcU_ad C i a&W �- Iv0 I%r c ► �� bus rcPs% C us n�. O} Ptak + C ,41 " Revised May 2023 Page 4 of zim Rooms Get Aq,() _, C4n1-11)l- SA(,-R✓k mem Type of Violation Possible Code Violation Observed Responsible Use blank boxes for Section(s) Party Owner Occupant violations not listed 410.240 Lead Paint Licensed Code 410.470 Enforcement Lead 105 CMR Determinators offer 460.00 determination for pre -78 unit with a child < 6 Curtailment Curtailment without 003 reasonable notice or temporary emergency Access Less than 48 hours' 003 notice to the occupant for non -emergency repairs Laundering Laundering between 230 individuals (Bed linens/towels/blankets) Laundering frequency (Bed linens/towels/blankets/pi How & mattress covers) Mattress not cleaned or replaced when not in good condition. Other ,I -I Leyk) OascmtA LA -VI tOOrk) ND ,'lc Ula l trzn� �1Cchi,✓I _101451 Cur�L Roamf� >u hack I cif NO zvI ��5 01) (YLeGnS G� �� l 4-, /Vo efcrmL syr, 0 ng PW/mebh101 c� 1 y7n JI fr y — access �v ups �3 �S bIbcU_ad C i a&W �- Iv0 I%r c ► �� bus rcPs% C us n�. O} Ptak + C ,41 " Revised May 2023 Page 4 of zim Rooms Get Aq,() _, C4n1-11)l- SA(,-R✓k mem Reinspection Form Agency Name, Address, Phone 105 Code of Massachusetts Regulations (CMR) 410.000: Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter H Unit # City/Town Referral: ❑ Electric ❑ Fire ❑ Plumbing ❑ Building ❑ Other This inspection report is signed and certified under the pains and penalties of perjury. Inspector Signature Occupant or Occupant's Representative Signature Reinspection Date Time Written description of any violation(s) checked above Include Area or Element, code citation and a description of the conditions) that constitute the violation. Area/Element, Code Citation and Description of Violation Condition Deemed Timeframe , Reinspection to Endanger or to Comply Date Materially Impair Health or Safety? Yes/No (105 CMR 410.630 Revised May 2023 Page 5 of 94 Belmont Park Rd Emergency Condemnation Order posting 12/1/23 roe" ►moa". 94 Belmont Park Rd Emergency Condemnation Order posting 12/1/23 94 Belmont Park Road (basement apartment) 11/28/23 inspection pictures 11- Wt � ' A AMW 94 Belmont Park Road (basement apartment)11/28/23 inspection pictures 94 Belmont Park Road (basement apartment) 11/28/23 inspection pictures ICE 94 Belmont Park Road (basement apartment) 11/28/23 inspection pictures w 94 Belmont Park Road (basement apartment) 11/28/23 inspection pictures K q M M.00f-- 4u& rtO Y f Gn 12-& e �� r� � �� ., �. ,, a :� .� �_� I' Y �'• Ti ` �i � n r 1 - `�ti' -` h r 6 �,' i ciq �aA,�l P�tzq 12 led \�o... VtE w a r"//o,,, o`�.o� Town Of Brewster o a;� a, 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 FAX (508) 896-8089 September 26, 2022 Mr. Myles Franklin 94 Belmont Park Road Brewster, MA 02631 ORDER TO CEASE AND DESIST Dear Mr. Franklin: Housing Office Select Board/Town Administrator's Office I am writing on behalf of the Town of Brewster Select Board as the enforcement authority for the conditions of the Affordable Housing Deed Rider (the "Deed Rider") attached to your property located at 94 Belmont Park Road, Brewster, Massachusetts (the "Property"), as well as on behalf of the Town's Building Commissioner and Health Director as enforcement authorities under applicable building and health codes and regulations. According to the terms of the Deed Rider, you purchased the Property for the exclusive use as a principal residence for you and members of your household and you are expressly prohibited from renting or leasing any portion of the Property to any third -party without the prior written consent of the Town. Also note that under the Deed Rider, you are required to obtain prior written consent from the Town for other matters such as making capital improvements, mortgage refinancing or creating other use or title encumbrances. A copy of the Deed Rider is enclosed herewith for your reference. It has come to my attention that you are currently renting out one or more portions of the Property to third parties and that you are marketing the basement for rent through Cape Cod USA Real Estate. A copy of the listing is enclosed herewith. This is a direct violation of the Deed Rider. Further, as a related matter, using the basement as bedrooms is also a violation of applicable Board of Health and Building Department permits, codes or regulations. Town building department records indicate that your residence has a total of three (3) permitted bedrooms; the basement was permitted for finished space but not for bedroom use. A copy of the Building Department's permit certification for the permitted basement work is enclosed herewith. Applicable Health codes and regulations would not allow the basement to be permitted for bedroom use and the number of allowable bedrooms is limited to three on account of the Property's lot size and its location within a wellhead protection area for public drinking water supplies (3 10 CMR 15.203, 15.214 & 15.215). As a result of these violations, you are immediately and hereby ORDERED TO CEASE AND DESIST from renting, leasing or marketing any portion of the Property for rent or lease for any period of time unless you obtain prior written consent by the Town for the same and you are ordered to direct all real estate agencies and websites, including but not limited to Cape Cod USA Real Estate, to immediately remove any and all listings advertising the Property or any portion thereof for rent or lease. Further, you are ordered to cease and desist using the basement for bedroom use and abide by your property's permitted three-bedroom limitation. Note, that according to the terms of the Deed Rider, the Town has the right upon demand to any rents, profits or proceeds from any unauthorized rental of the Property during your ownership. Please be advised that if the Town has not received evidence of your compliance with this Order within ten (10) days of your receipt of this letter, the Town will exercise its right to enforce the terms of the Deed Rider including reimbursement for all of the attorneys' fees and costs incurred in connection with such enforcement action as authorized by the express terms of the Deed Rider, as well as any other relief available at law. Therefore, due to the serious consequences that may follow from your failure to comply with this Order your prompt attention to this matter is strongly suggested. You may contact me if you have any questions in this regard. Sincerely, Donna J. Kalinick Assistant Town Administrator ENC; Deed Rider, CO, RE listing CC: Jill Scalise, Housing Coordinator Davis Walters, Building Commissioner Amy Von Hone, Health Director Jon ldman, Town Planner Peter Lombardi, Town Administrator Gregg Corbo, Town Legal Counsel, KP Law November 10, 2021 Myles Franklin 94 Belmont Park Road Brewster, MA 02631 Town Of Brewster 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 FAX (508) 896-8089 Re: Refinance Request for 94 Belmont Park Road Dear Mr. Franklin, Offices of; Town Administration Housing Thank you for meeting with Town officials yesterday. Attached is the original letter sent to you on October 21, 2021, which states the concerns that must be addressed before the Town will consider your refinance request. As discussed at yesterday's meeting, the next step is for you to direct your septic engineer to contact the Brewster Health Director, Amy von Hone at 508.896.3701, ext. 1120, regarding the proposed new septic system. Please contact Donna Kalanick at 508-896-3701, ext. 1130 or dkalinick ct brewster-ma.gov or Jill Scalise, ext. 1169, 'scalise brewster-ma.gov if you have further questions. Sincerely, R Donna Kalinick, Assistant Town Administrator i 1 Scalise Brewster Housing Coordinator Cc: Bertha Bolin, DHCD; Casandra Dievendorf, Timios Title; Shirin Everett, KPLaw; Brewster Town Administrator Office, Health Department, & Building Department October 21, 2021 Franklin Myles 94 Belmont Park Road Brewster, MA 02631 Town Of Brewster 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 FAX (508) 896-8089 Re: Refinance Request for 94 Belmont Park Road Dear Mr. Franklin, Offices of: Town Administration Housing ' The Town of Brewster has received the refinance request for your home at 94 Belmont Park Road (the "Property"). As you are aware, the Property is subject to a Deed Rider (the affordable housing restriction) stating that you may refinance the mortgage on the Property and lease the Properly only with the Town's prior written consent. The Town has several concerns regarding your request and your non-compliance with the Deed Rider, and such concerns must be addressed before the Town will consider your request. The refinancing materials describe your home as containing 4 bedrooms, and the floor plan sketch on page 22 of the appraisal depicts 4 bedrooms, including a bedroom in the basement. As you know, and the Board of Health has informed you, the septic system approved for your home allows for only a 2 - bedroom home. The room in the basement was issued a Certificate of Occupancy as a living room and, due to the absence of an emergency egress, cannot be used as a bedroom. Additionally, the Town has been informed that you have leased rooms in your home without the Town's consent, in violation of the Deed Rider. The Property is not in compliance with the MA Title 5 Sewage Disposal Regulations, the MA Housing Code, and the Brewster Private Well Regulations. Please see the attached, previously sent, letters from the Health Department, Building Department, and Housing Office which address these issues. Given the nature of these serious violations, please contact Donna Kalanick at 508-896-3701, ext. 1130 or d_kalinick'rr'brewster-ma. ovov or Jill Scalise, ext. 1169, fiscalise Brewster -ma. ov to discuss this situation. Failure to reach out to the Town in the next 20 days may result in enforcement actions being brought against you. - �Y, Q D Donna Kalinick, Scalise Assistant Town Administrator Brewster Housing Coordinator Enclosures: Letter from Health Department 5.14.21, Letter from Building Department 6.23.20, Letter from Housing Office 4.08.21 Cc: Bertha Borin, DHCD; Casandra Dievendorf, Timios Title; Shirin Everett, KPLaw; Brewster Town Administrator Office, Health Department, & Building Department Of May 14, 2021 /3 Mr. Myles Franklin /05✓ 94 Belmont Park Road A t7�VA4 Zw-P z /,b Brewster, MA 02631 r��` S A �Lp RE: Health and SanitaryCode Violations —94 Belmont Park Road, rewster, MA �lK/�t ��i� �y� r Dear Mr. Franklin: OAi v �'O l -feZ &70,4 J It has come to the attention of the Brewster Health Department that you are renting bedroom space in your basement which has not been properly reviewed or permitted through our office. Please be advised, per our office file, the following restrictions are.applicable to your property and existing dwelling: • 1990 septic system approval for a maximum two (2) bedroom house serviced by a private well on 20, 976 s.f. parcel • 2018 approval for a Building Waiver to renovate the basement into.a family room only Lot is located within the Zone of Contribution of a Public Drinking Well (Zone II) and the District of Critical Planning Concern limiting the parcel to the two bedroom dwelling originally approved in 1990 You are currently in violation of the following local and state regulations enforced by the Health Department: NIA Title 5 Sewage Disposal Regulations 310 CMR 15.000 • MA Housing Code 105 CMR 410.000 • Brewster Private Well Regulations You are hereby required to cease and desist use of unpermitted. bedroom space within the dwelling and to contact the Health Department within seven (7) days of receipt of this notice. Additionally, you must submit the required documentation within thirty (30) days of notice to correct the existing violations. The Health Department staff are available Monday through Friday, 8:30 am — 4:00 pm at 508-896-3701 X1120 to answer questions regarding the documentation to be submitted. Failure to do so will require your attendance at a disciplinary public hearing before the Brewster Board of Health in accordance with Massachusetts General Laws, Chapter 111, Section 31, to discuss whether you have violated the terms of the state and local regulations at 94 Belmont Park Road. N:\Health\Violation Notices\94 Belmont Park Road Bedroom Violation 05.14.2021.doc Town of Brewster ��\��1��a�itiuif �� [�raw. r f� 2198 MAIN STREET Health Department ` O-e<K� DEA B9,F��% BREWSTER, MASSACHUSETTS 02631-1898 Amy L. von Hone, R.S., C.H.O. Director PHONE: 508.896.3701 EXT. 1120 O _ — —'� FAX: 508.896.4538 Sherrie McCullough, R.S. brheal.th@brewster-ma.gov Assistant Director p°\\\D��\\` WWW.BREWSTER-MA.GOV Tammi Mason Senior Department Assistant Of May 14, 2021 /3 Mr. Myles Franklin /05✓ 94 Belmont Park Road A t7�VA4 Zw-P z /,b Brewster, MA 02631 r��` S A �Lp RE: Health and SanitaryCode Violations —94 Belmont Park Road, rewster, MA �lK/�t ��i� �y� r Dear Mr. Franklin: OAi v �'O l -feZ &70,4 J It has come to the attention of the Brewster Health Department that you are renting bedroom space in your basement which has not been properly reviewed or permitted through our office. Please be advised, per our office file, the following restrictions are.applicable to your property and existing dwelling: • 1990 septic system approval for a maximum two (2) bedroom house serviced by a private well on 20, 976 s.f. parcel • 2018 approval for a Building Waiver to renovate the basement into.a family room only Lot is located within the Zone of Contribution of a Public Drinking Well (Zone II) and the District of Critical Planning Concern limiting the parcel to the two bedroom dwelling originally approved in 1990 You are currently in violation of the following local and state regulations enforced by the Health Department: NIA Title 5 Sewage Disposal Regulations 310 CMR 15.000 • MA Housing Code 105 CMR 410.000 • Brewster Private Well Regulations You are hereby required to cease and desist use of unpermitted. bedroom space within the dwelling and to contact the Health Department within seven (7) days of receipt of this notice. Additionally, you must submit the required documentation within thirty (30) days of notice to correct the existing violations. The Health Department staff are available Monday through Friday, 8:30 am — 4:00 pm at 508-896-3701 X1120 to answer questions regarding the documentation to be submitted. Failure to do so will require your attendance at a disciplinary public hearing before the Brewster Board of Health in accordance with Massachusetts General Laws, Chapter 111, Section 31, to discuss whether you have violated the terms of the state and local regulations at 94 Belmont Park Road. N:\Health\Violation Notices\94 Belmont Park Road Bedroom Violation 05.14.2021.doc You have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders and notices and other documentary information in the possession of the Board of Health; the right to be represented at the hearing; and any affected party has a right to appear at said hearing. Thank you for your immediate attention to the above matters. Sincerely, Amy L. von Hone, R.S., C.H.O. Health Director CC: Victor Staley, Brewster Building Department Donna Kalinick, Assistant Town Administrator Jill Scalise, Brewster Housing Coordinator Chief Robert Moran, Brewster Fire Department File Regular Mail Certified Mail N:\Health\Violation Notices\94 Belmont Park Road Bedroom Violation 05.14.2021.doc April 8, 2021 Franklip Myles 94 Belmont Park Road Brewster, MA 02631 . Town Of Brewster 2198 Main Street . Brewster, Massachusetts- 62631-1898 (508) 896-370.1 x1169 FAX (508) 896-8089 Re: 94 Belmont.Park Road, Deed ridei compliance and refinance requirements Housing Office Dear Mr. Franklin,. It was brought to the Town's attention that an appraiser was appraising your home at 94 Belmont Park Road as part of a potential refinance of the property: According to the affordable deed rider for 94 Belmont Park Road, Section 3 "Restrictions Against Leasing, Refinancing and Junior Encumbrances" (page 5), the property shall not be refinanced without written consent of the Monitoring Agent. For your. convenience, enclosed are the affordable deed rider and instructions for refinancing your property from the Department of Housing and Community Development (DHCD). The monitoring agents for your property are the Town of Brewster and DHCD. Additionally, the deed rider states that your home shall not be leased or rented without the written consent of the Monitoring Agent. The Town has also been informed that you are leasing up'to four rooms, including two basement bedrooms. This appears to be out of compliance with your deed rider as well as the Town septic requirements and housing code. Please contact meat 508-896-3701, ext. 1169 or 'scalise .brewster-ma. ov to discuss this situation. If you are interested in refinancing your property, the Town can work with you on the . required process. Sincerely, Scalise Brewster Housing Coordinator Enclosures: 94 Belmont Park Deed Rider, Refinancing Instructions Cc: Town Administrator Office, Health Department, Building Department, Fire Department o�y"WauwwuwnW OpEWgt Odd -j-17 r i; •. s `'marrru��wuun>u�u`D� June 23, 2020 Franklin Myles 94 Belmont Park Road Brewster, MA 02631 TOWN OF BREWSTER OFFICE OF 2198 MAIN STREET BUILDING DEPARTMENT BREWSTER, MA 02631 PHONE: (508) 896-3701 ExT 1125 FAX: (508) 896-8089 EMAIL: BUILDING@BREWSTER-MA.GOV WWW.BREWSTER-MA.GOV Re: 94 Belmont Park Road, Identified on Assessor Map 9 Lot 4 Dear Mr. Myles, It has come to the attention of the Building Department that you are advertising the renting of a room in your house located at the property noted above. The photo that is shown with the listing shows that this room is located in the basement. Please be aware that the room in the basement was permitted and subsequently issued a Certificate of Occupancy as a living room and due to the absence of emergency egress, shall not be used as a bedroom. Enclosed, please find a copy of the applicable Certificate of Occupancy. Please understand that this is a serious safety issue which you need to respect. If you wish to change this basement living space to a bedroom, you may submit a Building Permit Application for a Change of Use, which should include a scaled floor plan indicating fire alarms and emergency egress. A copy of this floor plan should be delivered to the Health Department as well to ensure that your septic system can absorb the additional load of an added bedroom. If you have any questions, please do not hesitate to contact me. a ely, E. taley Building Commissioner cc: Health Department Fire Department VS/sp THE COMMONWEALTH OF MASSACHUSETTS \ouuamtim�uuuui t. r gV ; TOWN OF BREWSTER p y� CERTIFICATE OF USE AND OCCUPANCY Is issued to: FRANKLIN MYLES /have inspected the: FAMILY ROOM IN BASEMENT -- NOT A BEDROOM Located at. 94 BELMONT PARK ROAD MA P.* 9 LOT.- 4 Town of Brewster, Barnstable County, Commonwealth of Massachusetts To the best of my knowledge, and unless otherwise noted below, the structure is /n compliance with the State Building Code, 780 CMR, and for the purpose stated below. Building Permit # 19-3-190 MAP (OLD) 51 LOT 113 Notes: Use Group R-3 Live Load 40 P.S.F. Fire Grading S -B Occupancy Single Family Dwelling Date Certificate Issued: 3/20/19 Building Official: c�'1 -D � 9 ® e� ° : ƒ k ) ¢ / \ I . / Cl) \ -D � 9 ® � W U U Z�« � UJ co < RIO, § £727 I ui co <j 2 ° Iw c �G LLJuz \ / LU ± , 2 G 0 3 � 2° o � W U U Z�« � UJ co < RIO, § Town of Brewster Health Department 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 Ext. 120 FAX (508) 896-4538 SUBSURFACE_ SEWAGE DISPOSAL SYSTEM INSPECTION FORM APPENDIX BREWSTER REGULATION (J Property Address:. Owner Address: ' Ie 'zox/ Z—Z Name of Inspector:. ng&�-rem L Company Name. Address & Phone Number: Date of This Inspection represents (check one) V'*' A) System Passes -B) System Conditionally Passes rZk nwfv Deal Estate Transfer () Addition/alteration Septic tank covers are more than 12 inches below the finished grade C) Further evaluation is required by the Board of Health Records show excessive pumping three or more times within any eighteen (18) month period for residential or Commercial property; except -for required grease trap maintenance for commercial property. D) System Fails (Brewster Real Estate Transfer requirements) The system is in a state of disrepair such that it cannot function as it was originally intended; The lack of a 4 foot protective zone between the bottom of the system and the groundwater; Any other problem as defined by the Board of Health or its Director; The sewage disposal system consists of a single cesspool, or cesspools. The leaching facility or facilities are located within 300 feet of a pond or lake The Brewster Health Department has reviewed and accepted this report based on the information contained therein. This inspection reflects the present condition of the Sanitary System and is not any guarantee as to the life or future condition of said system. Nancy Ellis Ice, Health Director Date Approving Authority Please be advised of ADDITIONAL BOARD OF HEALTH REGULATIONS: 1. All private wells are required to be analyzed prior to approval of the Subsurface Sewage Disposal System Inspection form, and sixty (60) days prior to transfer of property. .2. All underground tanks must be registered with the Board of Health and, are subject to testing requirements. COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION TITLE 5 OFFICIAL INSPECTION FORM - NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM FORM PART A CERTIFICATION CERTIFICATION STATEMENT I certify that'I have personally inspected the sewage disposal system at this address and that the information reported below is true, accurate and complete as of the time of the inspection. The inspection was performed based on my training and experience in the proper function and maintenance of on site.sewage disposal systems. I am a DEP approved system inspector pursuant to Section 15.340 of Title 5 (310 CMR 15.000). The system: V1 --passes Conditionally Passes Needs Further Evaluation by the Local Approving Authority Fai Inspector's Signature: Date: /off- ��. The system inspector shall submit a copy of this inspection report to the Approving Authority (Board of Health or DEP) within 30 days of completing this inspection. If the system is a shared system or has a design flow of 10,000 gpd or greater, the inspector and the system owner shall submit the report to the appropriate regional office of the DEP. The original should be sent to the system owner and copies sent to the buyer, if applicable, and the approving authority. Notes and Comments ****This report only describes conditions at the time of inspection and under the conditions of use at that time. This inspection does not address how the system will perform in the future under the same or different conditions of use. Title 5 Inspection Form 6/15/2000 page 1 eLf1 jorwk ad Property Address: ST rz. Owner's Name: DPAJI&l 02061 O ZO Owner's Address: Po isox syr o eaNs IN14 - 006-5'3 Date of Inspection:^ �pJ2aatey-Company Name of Inspecto4(please Name:✓Mailing Address:y �STelephone Numb- t CERTIFICATION STATEMENT I certify that'I have personally inspected the sewage disposal system at this address and that the information reported below is true, accurate and complete as of the time of the inspection. The inspection was performed based on my training and experience in the proper function and maintenance of on site.sewage disposal systems. I am a DEP approved system inspector pursuant to Section 15.340 of Title 5 (310 CMR 15.000). The system: V1 --passes Conditionally Passes Needs Further Evaluation by the Local Approving Authority Fai Inspector's Signature: Date: /off- ��. The system inspector shall submit a copy of this inspection report to the Approving Authority (Board of Health or DEP) within 30 days of completing this inspection. If the system is a shared system or has a design flow of 10,000 gpd or greater, the inspector and the system owner shall submit the report to the appropriate regional office of the DEP. The original should be sent to the system owner and copies sent to the buyer, if applicable, and the approving authority. Notes and Comments ****This report only describes conditions at the time of inspection and under the conditions of use at that time. This inspection does not address how the system will perform in the future under the same or different conditions of use. Title 5 Inspection Form 6/15/2000 page 1 Page 2 of 11 OFFICIAL INSPECTION FORM — NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION (continued) Property Address: ryv &1,W0 -T C T� Owner• 0 Date of Inspection: Inspection Summary: Check A,B,C,D or E / ALWAYS complete all of Section D A. System Passes: t,4have not found any information which indicates that any of the failure criteria described in 310 CMR 15.303 or in 310 CMR 15.304 exist. Any failure criteria not evaluated are indicated below. Comments: B. System Conditionally Passes: One or more system components as described in the "Conditional Pass" section need to be replaced or repaired. The system, upon completion of the replacement or repair, as approved by the Board of Health, will pass. Answer yes, no or not determined (Y,N,ND) in the for the following statements. If "not determined" please explain. The septic tank is metal and over 20 years old* or the septic tank (whether metal or not) is structurally unsound, exhibits substantial infiltration or exfiltration or tank failure is imminent. System will pass inspection if the existing tank is replaced with a complying septic tank as approved by the Board of Health. *A metal septic tank will pass inspection if it is structurally sound, not leaking and if a Certificate of Compliance indicating that the tank is less than 20 years old is available. ND explain: Observation of sewage backup or break out or high static water level in the distribution box due to broken or obstructed pipe(s) or due to a broken, settled or uneven distribution box. System will pass inspection if (with approval of Board of Health): broken pipe(s) are replaced obstruction is removed distribution box is leveled or replaced ND explain: The system required pumping more than 4 times a year due to broken or obstructed pipe(s). The system will pass inspection if (with approval of the Board of Health): broken pipe(s) are replaced obstruction is removed ND explain: Titles S Tnc--t;— P. </i �,/-mnn 2 Page 3 of 11 OFFICIAL INSPECTION FORM - NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION (continued) Property Address: J 7 "W OKI- A Owner: 0-20A) Date of inspection: /c.') - c� O C. Further Evaluation is Required by the Board of Health: Conditions exist which require further evaluation by the Board of Health in order to determine if the system is failing to protect public health, safety or the environment. 1. System will pass unless Board of Health determines in accordance with 310 CMR 15.303(1)(b) that the system is not functioning in a manner which will protect public health, safety and the environment: _ Cesspool or privy is within 50 feet of a surface water _ Cesspool or privy is within 50 feet of a bordering vegetated wetland or a salt marsh 2. System will fail unless the Board of Health (and Public Water Supplier, if any) determines that the system is functioning in a manner that protects the public health, safety and environment: _ The system has a septic tank and soil absorption system (SAS) and the SAS is within 100 feet of a surface water supply or tributary to a surface water supply. — The system has a septic tank and SAS and the SAS is within a Zone 1 of a public water supply. _ The system has a septic tank and SAS and.the SAS is within 50 feet of a private water supply well. The system has a septic tank and SAS and the SAS is less than 100 feet but 50 feet or more from a private water supply well". Method used to determine distance —. **This system passes if the well water analysis, performed at a DEP certified laboratory, for coliform bacteria and volatile organic compounds indicates that the well is free from pollution from that facility and the presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5 ppm, provided that no other failure criteria are triggered. A copy of the analysis must be attached to this form. 3. Other: Title S Tno..a ntinn Fn, m </i r%mnnn Page 4ofII OFFICIAL INSPECTION FORM - NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION (continued) Property Address: 68IM0 417- 06k ad Owner• hi Date of Inspection: /-J0-j1'? D. System Failure Criteria applicable to all systems: You must indicate `yes" or "no" to each of the following for all inspections: Yes No Backup of sewage into facility or system component due to overloaded or clogged SAS or cesspool Discharge or ponding of effluent to the surface of the ground or surface waters due to an overloaded or clogged SAS or cesspool _1L_ Static liquid level in the distribution box above outlet invert due to an overloaded or clogged SAS or cesspool _ V Liquid depth in cesspool is less than 6" below invert or available volume is less than '/z day flow j Required pumping more than 4 times in the last year NOT due to clogged or obstructed pipe(s). Number of times pumped V Any portion of the SAS, cesspool or privy is below high ground water elevation. --V— Any portion of cesspool or privy is within 100 feet of a surface water supply or tributary to a surface water supply. Any portion of a cesspool or privy is within a Zone 1 of a public well. V Any portion of a cesspool or privy is within 50 feet of a private water supply well. _ V Any portion of a cesspool or privy is less than 100 feet but greater than 50 feet from a private water supply well with no acceptable water quality analysis. [This system passes if the well water analysis, performed. at a DEP certified laboratory, for coliform bacteria and volatile organic compounds indicates that the well is free from pollution from that facility and the presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5 ppm, provided that no other failure criteria are triggered. A copy of the analysis must be attached to this form.] /)o (Yes/No) The system fails. I have determined. that one or more of the above failure criteria exist as described in 310 CMR 15.303, therefore the system fails. The system owner should contact the Board of Health to determine what will be necessary to correct the failure. E. Large Systems: To be considered a large system the system must serve a facility with a design flow of 10,000 gpd to 15,000 gpd. You must indicate either "yes" or "no" to each of the following: (The following criteria apply to large systems in addition to the criteria above) yes no — _ the system is within 400 feet of a surface drinking water supply _ the system is within 200 feet of a tributary to a.surface drinking water supply the system is located in a nitrogen sensitive area (Interim Wellhead Protection Area — IWPA) or a mapped Zone 11 of a public water supply well If you have answered "yes" to any question in Section E the system is considered a significant threat, or answered "Yes" in Section D above the large system has failed. The owner or operator. of any large system considered a significant threat under Section E or failed under Section D shall upgrade the system in accordance with 310 CMR 15.304. The system owner should contact the appropriate regional office of the Department. Titles S T".-.^tinn Tlnnm x/1 Sl,)nAA Page 5 of 11 OFFICIAL INSPECTION FORM - NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART B CHECKLIST Property Address:qtl /Ytnair !!'/iYLe ad isaafaLurm-- Owner: Al Date of Inspection: Check if the following have been done. You must indicate ` ves" or "no" as to each of the following: Yes No _ Pumping information was provided by the owner, occupant, or Board of Health Were any of the system components pumped out in the previous two weeks ? / Has the system received normal flows in the previous two week period ? Have large volumes of water been introduced to the system recently or as part of this inspection ? Were as built plans of the system obtained and examined? (If they were not available note as N/A) Was the facility or dwelling inspected for signs of sewage back up ? _ Was the site inspected for signs of break out ? Were all system components, excluding the SAS, located on site ? Were the septic tank manholes uncovered, opened, and the interior of the tank inspected for the condition of the b_affles or tees, material of construction, dimensions, depth of liquid, depth of sludge and depth of scum ? (/ _ Was the facility owner (and occupants if different from owner) provided with information on the proper maintenance of subsurface sewage disposal systems ? PVA S'q The size and location of the Soil Absorption System (SAS) on the site has been determined based on: Yes no r / _ Existing information. For example, a plan at the Board of Health. _�_ Determined in the field (if any of the failure criteria related to Part C is at issue approximation of distance is unacceptable) [310 CMR 15.302(3)(b)] Title G T". --^f;— W^r 5 Page 6 of 11 OFFICIAL INSPECTION FORM - NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION Property Address: Owner: Date of Inspection: FLOW CONDITIONS RESIDENTIAL Number of bedrooms (design): Q Number of bedrooms (actual): DESIGN flow based on 310 CMR 15.203 (for example: 110 gpd x # of bedrooms): .3 20 17e5190 Aw 353,Y JPS Number of current residents: Does residence have a garbage grinder (yes or no): Is laundry on a separate sewage system (yes or no): LIQ [if yes separate inspection required] Laundry system inspected (yes or no):✓� Seasonal use: (yes or no): NO Water meter readings, if available (last 2 years usage (gpd)): i*E (( Sump pump (yes or no): &J& Last date of occupancy: ,4001) COMMERCIAIANDUSTRIAL Type of establishment: _ Design flow (based on 310 CMR 15.203): Rvd Basis of design flow (seats/persons/sgft,etc.): Grease trap present (yes or no): _ Industrial waste holding tank present (yes or no): — Non -sanitary waste discharged to the Title 5 system (yes or no): Water meter readings, if available: Last date of occupancy/use: OTHER (describe): GENERAL INFORMATION Pumping Records Source of information: IS044 _ plc & ad 9 Od K Was system pumped as part of the inspection (yes or no): _8LO If yes, volume pumped: _gallons -- How was quantity pumped determined? Reason for pumping: TYPE OF SYSTEM L/ Septic tank, distribution box, soil absorption system _ Single cesspool _ Overflow cesspool _ Privy _ Shared system (yes or no) (if yes, attach previous inspection records, if any) _ Innovative/Alternative technology. Attach a copy of the current operation and maintenance contract (to be obtained from system owner) _ Tight tank _ Attach a copy of the DEP approval _ Other (describe): Approximate of all components, date installed (if known) and source of information: Were sewage odors detected when arriving at the site (yes or no): X T41P i Tna o t4^n V^r 4.11 VIAAA 6 Page 7 of 11 OFFICIAL INSPECTION FORM — NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL .SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address:( eJT QFC rLd yam.. Owner: Date of Inspection: U-- o9 O - 09 BUILDING SEWER (locate on site plan) Depth below grade: Materials of construction: _cast iron _40 PVC _other (explain): Distance from private water supply well or suction line: Comments (on condition of joints, venting, evidence of leakage, etc.): SEPTIC TANK: /'(locate on site plan) P/ Depth below grade: Q Material of construction: /concrete metal _fiberglass. _polyethylene _other(explain)_ If tank is metal list age: _ Is age confirmed by a Certificate of Compliance (yes or no): — (attach a copy of certificate) Dimensions: 1000 q AL Sludge depth: C� " Distance from top of sludge to bottom of outlet tee or baffle:3. Scum thickness: I' �� u Distance from top of scum to top of outlet tee or baffle: f (. 5 Distance from bottom of scum to bottom of outlet tee or baffle: How were dimensions determined: JL4e ASQnect o r, S IT e Comments (on pumping recommendations, inlet and outlet tee or baffle condition, structural integrity, liquid levels related to outlet invert, evidence of leakage, etc.): we� � �!�� i✓Vbi-„� 4 oiq 'U'K A10�2y� - V. J ,-,ft )A,1c0 &1 -7- ryI-9n GREASE TRAP: _(locate on site plan) Depth below grade: — Material of construction: concrete metal — fiberglass _polyethylene —other (explain). _ — — Dimensions: Scum thickness: Distance from top of scum to top of outlet tee or baffle: Distance from bottom of scum to bottom of outlet tee or baffle: Date of last pumping: Comments (on pumping recommendations, inlet and outlet tee or baffle condition, structural integrity, liquid levels as related to outlet invert, evidence of leakage, etc.): T;A. t T"o .Pf;— 1p^— <n ,;/)nnn Page 8 of 11 OFFICIAL INSPECTION FORM — NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address: AgimaaRcA Owner: _0�2i1) Date of Inspection: TIGHT or HOLDING TANK: (tank must be pumped at time of inspection)(locate on site plan) Depth below grade: Material of construction: concrete ' metal fiberglass _polyethylene other(explain): Dimensions: Capacity: gallons Design Flow: gallons/day Alarm present (yes or no): Alarm level: Alarm in working order (yes or no): Date of last pumping: Comments (condition of alarm and float switches, etc.): DISTRIBUTION BOX: v1 (if present must be opened)(locate on site plan) Depth of liquid level above outlet invert: 0 Comments (note if box is level and distribution to outlets equal, any evidence of solids carryover, any evidence of leakage into or out of box, etc.): 7. _ nn jr I ... , f _ o -% ,i w nrj IL07 - i -JO ,Sol l a S C &6ftiQW 0-- PUMP CHAMBER: (locate on site plan) Pumps in working order (yes or no): Alarms in working order (yes or no): Comments (note condition of pump chamber, condition of pumps and appurtenances, etc.): Titles C TnCnP/ *lnn Fnrm 4/1 S/7nno Page 9of11 OFFICIAL INSPECTION FORM — NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address: 9qsV f'1�2� RGA IS Y%ui eo'l� Owner: A) Date of Inspection:o SOIL ABSORPTION SYSTEM (SAS): (locate on site plan, excavation not required) If SAS not located explain why Type _/V leaching pits, number: L "X/0 leaching chambers, number: leaching galleries, number: leaching trenches, number, length: leaching fields, number, dimensions: overflow cesspool, number: innovative/alternative system Type/name of technology: Comments (note condition of soil, signs of hydraulic failure, level of ponding; damp soil, condition of vegetation, etc.): Ivo S �y eF &t%rp --• I ��o.rrar►'- _ rya pw> CESSPOOLS: (cesspool must be pumped as part of inspection)(locate on site plan) Number and configuration: Depth — top of liquid to inlet invert: Depth of solids layer: Depth of scum layer: Dimensions of cesspool: Materials of construction: Indication of groundwater inflow (yes or no): Comments (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.): PRIVY: (locate on site plan) Materials of construction: Dimensions: Depth of solids: Comments (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.): Titles S T"v, tin" Pnm 411 Vlnnn 9 Page 10 of 11 OFFICIAL INSPECTION FORM — NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) fWOwnProperty Address: l &16,04j7- PW"/-- Owner: er: 0 Date of Inspection: SKETCH OF SEWAGE DISPOSAL SYSTEM Provide a sketch of the sewage disposal }'stem including ties to at least two permanent reference landmarks or benchmarks. Locate all wells within 100 feet. Locate where public water supply enters the building. f q;o 1 i ( l..e.Vr (PIAIL tzq Title S Tnc„urfin+, IR^ , An 10 CTO Page 11 of 11 OFFICIAL INSPECTION FORM — NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address: 9'-r &I v P.t� Rd. &ti Owner: Date of Inspection: _M - ,:�Q-O'7 SITE EXAM Slope Surface water Check cellar Shallow wells i Estimated depth to ground water , %s feet 6g[a K% &� no"t o I� S % iuo WA -a6 -L F;V R.p Please indicate (check) all methods used to determine the high ground water elevation: V Obtained from system design plans on record -If checked, date of design plan reviewed: 1990 Observed site (abutting property/observation hole within 150 feet of SAS) Checked with local Board of Health -explain: Checked with local excavators, installers- (attach documentation) Accessed USGS database -explain: You must describe how on established the high ground water elevation: Titlas G Tnc"AP fin" Fn— <» ri)nnn 11 PERMIT # , MAP # _ �.25V LOT # _ Town of Brewster BUILDING DEPARTMENT APPLICATION FOR PLAN REVIEW - AND PERMIT TO BUILD FEE $ DEPOSIT $ !� TOTAL $� FILING DATE . dersigned hereby applies for a permit to build according to the following specifications and accompanying AE �) J k1=L MAILING ADDRESS .NO. ADDRESS e{' L. NO. -3�-tS' .CONSTRUCTION SUPERVISOR'S LICENSE NO.: �'n M ��' (-� � ►� BUILDING (Street) y LOT SIZE 2C -)i Er� 05 4 -E�- R M R L— R R -Y_ C H V B I WATER SOURCE: Town Well _.-..__... _.._..__)N OF: NEW ALTER ADD DEMOLISH MOVE RENEWAL_ OTHER J /n,A' TYPE OF BUILDING: ONE FAMILY RESIDENCE COMMERCIAL BUILDING GARAGE_ DECD_ SHED. FENCE OTHER BUILDING SIZE (Sq. Ft.): BASE./CELLAR 1st FLOOR FOUNDATION: POURED— .•KBLOC}4 _ _ THICKNESS- 2nd FLOOR E6=. OTHER TOTAL OTHER BASEMENT/CELLAR: SLAB CRAWL SPACE FULL _ )(_ FINISHED UNFINISHED WALKOUT l HEATING SOURCE: GAS A OIL _ _-. ELECTRIC F.H.W. F.W.A. —.RADIANT— HOT .RADIANTHOT WATER HEATER: GAS �� OIL --ELECTRIC COOKING APPLIANCE: GAS ELECTRIC i HOW NEAR 18 BUILDING TO: STREET LINE y 1 6 - RIGHT SIDE LINE S. `'i. LEFT SIDE LINE - REAR LINE HAS A SEPTIC PERMIT APPLICATION BEEN FILED? YES. DATE , STATUS NO DOES OWNER OWN ANY ADJACENT LOTS? YES NO _._ ANY ADJACENT LOTS OWNED IN THE PAST? YES NO _X_ ESTIMATED COMPLETION COST? $ -. • O00 nO ESTIMATED START. -2110 122 ESTIMATED COMPLETION DATE IS 12 Building must be started within six months of permit issuance, - and proceed at a reasonable rate. Plumbing, electrical, gas, fire Applicant agrees to give the Building Dept. 48 hours notice for alarm, septic permits must be obtained if applicable. all required inspections. ACCOMPANYING DOCUMENTS: SITE PLAN (Including, proposed setbacks) ❑ FOUNDATION PLAN ❑ FLOOR PLANS ❑ TYPICAL X -SECTIONS ❑ ELEVATIONS ❑ ENERGY CALCULATIONS ❑ H.D.C. ❑ BOARD OF APPEALS ❑ CONSERVATION ❑ MATERIAL DISPOSAL ❑ OTHER . The building must conform to the requirements of the Mass. State Building Code,. 780 CMR, and all other pertinent laws, bylaws, codes and regulations. CERTIFICATE OF OCCUPANCY No person shall use or occupy any new building or addition until a Certificate of Occupancy has been Issued by the Building Department. Owner Agent for Owner a 1 6 � v � L i vi z 8 tA� o i t f n � o; ( f a TO:Brewster Building Inspector FROM:Brewster Board of Health Please be advised that -:,the Board of Health has been notified of the proposed..a teration/lddition to the following building% elling: OWNERS NAME: LOCATION: CML '=C/0-1 Q/ I BUILDERS NAME: No alteration of the sewage system is required. Board of Health .0 - Fz$......NIA •--.......... THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH W�..7--------------------- -OF ......e e... .,cl cr----------------..-..-----.-.--------------- Appliration for Utopaiiai 10orlm Cn ufdrurtion Permit Application is hereby made for a Permit to Construct ( ) or Repair ( ) an Individual Sewage Disposal System at: . �.�...&A----L.-k-10 ---------------------------•... I ,p L catioj! Address v ` f ort o. f ...X. r `t �1`�A- ar �..r��...2-14,70 ..C��i �-'� 1 �1ii!= l��.c'.��. - A JJ �y Owner prddr .�1 .�.7 Installer Address Type of Building Size Lot-_.._..,�.. __7._.........Sq. feet Dwelling —No. of Bedrooms___�--!----------------------------Expansion Attic ( ) Garbage Grinder ( ) Other — Type of Building ............................ No. of persons ................. ----------- Showers ( ) — Cafeteria ( ) Otherfixtures --------------•--------.-----------------------_.-----.---------------•---•------------------•-------.-----------------•-----------•----------••------ Design Flow -------- 11Or...........................gallons per person per day. Total �j"aily flow ....... cXAjO.......................gallons. Septic Tank -- Liquid-capacity./P.#Agallons Length_ 'E�".._. Width._!!l7- ,h .___ Dimes r______------.__ Depth....1 _:_�__ Disposal Trench — No ..................... Width................. Total Length .------------------- Total leaching area .................... sq. ft. Seepage Pit No ------- I........... Diameter -__ Depth below inlet. -Ii .. Total leaching area/ �.5._____sq. ft. Other Distribution box ((/f Dosin tank � ). Percolation Test Results Performed by L9A' / - 712?A K- .... 1A<..r_._._.__._. Date ....... l `_ _� ...... Test Pit No. 1 ------ A _...minutes per inch Depth of Test Pit ._._____._ Depth to ground water. ---__....... Test Pit No. 2 ................ minutes per inch Depth of Test Pit .................... Depth to ground water ------------------------ .... ------------------------•---------•---------- ----•-----------•-------------------------------------- Description ofSoil•_._1_l7.._.1•'..,1�_cs✓,tkt,!tz..._�sr�1_�.___..�z-.xJ -------------- -------------------------------•----•---------.........----•----------------.....--•-••-----------------•----------•---------------------•----------------------------------------------------•----- ---------------------------------- ........... -.... •......................................................................... Nature of Repairs or Alterations — Answer when applicable_____________________ --------••----------------------------•-•-------------•-----...........----•-----------•--•----......-•-•----------------------...------------------............--------------------------------.....--- Agreement : The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of iITL i, 5 of the State Sanitary Code — The undersigned further agrees not to place the system in operation until a Certificate of Compliance has been issued by the boar4f health. �7 Signed--------- ...... •-------- /1-`2-------- /� Dat I Application Approved By��'/A: tons: ...._ . __ J4= �1._.. .�4' /�, l�'JY.. Application Disapproved for the f ollowin ................................... ........... ------------------------------------------------------ Date Date PermitNo-----------------•--------------------------------------- Issued -------------------------------------------------------- Date I i f 0 -i .Q - f l I E Y t � t9 + uJ 2 � r� J z t +f fir. I i I � 0 -i .Q - f l E t � Z r� z I i � 0 -i .Q - f l E t � r� z