06-062 (6) 6 -6a
MELNIK LAW OFFICES
Attorneys At Law
JUN
110 King Street • n 1 7* 2007
Northampton,Ma. 01060 - _
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Telephone(413)584-6750 s
Fax(413)5846789 •
Patrick).Melnik.Esq. email: pmelnik(citvcrizon.net
Patrick 3.Melnik Jr,Esq. patmeinikjr@verizon.net
June 11, 2007
Anthony Patillo
Building Commissioner of the
City of Northampton
212 Main Street
Northampton, Ma 01060
Re: Beaver Brook Estates
Dear Mr. Patillo:
I am in receipt of your letter dated June 7, 2007.
I don't know what precipitated the letter from the DEP expressing concern
that the well for these condominium units may constitute a public water system. I
do know that the state regulations define a public water system with a facility with
fifteen or more service connections or used by twenty-five or more people for sixty
or more days during a year. I do not think the Northampton Board of Health
shares this concern. A copy of this regulation is attached.
Under no circumstance will the units be occupied by more than four people.
I am putting deed restrictions to that effect in place as part of the Condominium
Master Deed. I am also asking your office to issue an occupancy permit, when the
units are finally built and are ready for approval, that would require no unit to be
occupied by more than four people. Please get back to me on this. If it is possible
to issue such an occupancy permit I would request you issue such a permit for
each of the three units.
2
In answer to your question with respect to the use and occupation of the
units, the condominium documents are going to require that these units be used
exclusively for residential purposes and only the purposes allowed under existing
Northampton Zoning Ordinances. With respect to the labels that are in the plans
for the interior unit, I believe the designation "suite" is a designation that these are
large bedrooms and that either one could be used as a master bedroom. In no
event will these "suites" be business suites, but purely bedrooms.
I am also attaching to this correspondence a revised floor plan that changes
the word "suites" to make it clear that these rooms will be bedrooms only. I am
also changing the plans to show that two of the other small rooms are to be used as
computer rooms/study/storage and not bedrooms. The units, as you know, are
less than 1300 sf in area and are not appropriate living spaces for more than a
couple, or family with one or two children at most. I would appreciate it if you
would add these sketch plans to the set of original building plans filed in your office
as a revision of the plans. These units are not being marketed to families but are
being marketed to single and professional couples as two bedroom units.
If you need further information please let me know.
5jE, ,
atrick J. Melnik
PJM/jlp
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310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
New Source Approval Process means the step-by-step process utilized by the Department's
Drinking Water Program culminating in the development of water for a public water system.
Nonzoning Controls means by-laws, ordinances, rules and regulations, other than zoning
controls,adopted in accordance with the constitutional and statutory powers of cities and towns
to protect the health,safety and general welfare of their present and future inhabitants.
On-line means a well, wellfield or surface water source from which water currently is being
pumped or drawn for use in a public water system.
Optimal Corrosion Control Treatment means, for the purpose of 310 CMR 22.0613 only, the
corrosion control treatment that minimizes the lead and copper concentrations at users'taps while
insuring that the treatment does not cause the water system to violate any national primary
drinking water regulations.
Performance Evaluation Sample means a reference sample provided to a laboratory for the
purpose of demonstrating that the laboratory can successfully analyze the sample within limits of
performance set by the Department.
Person means an individual, corporation. company, association, trust, partnership, the
Commonwealth, a municipality, district or other subdivision or body politic of the
Commonwealth, any department,agency, or instrumentality of the United States,except that
nothing herein shall be construed to refer to or include any American Indian tribe,or the United
States Secretary of the Interior in his capacity as trustee of Indian lands.
Picocurie(pCi) means that quantity of radioactive material producing 2.22 nuclear
transformations per minute.
Point of Disinfectant Application is the point where the disinfectant is applied and water
downstream of that point is not subject to recontamination by surface water runoff.
Point-of-entry Treatment Device(POE)means a device installed to treat the water entering a
house or building or portion of such for the purpose of reducing contaminants in the water
distributed throughout the house or building or portion of such.
Point-of-use Treatment Device(POU)means a treatment device installed on a single faucet or
spigot used for the purpose of reducing contaminants in drinking water at that one faucet or
spigot.
Primary Operator means a person who is certified by the Board of Certification of Drinking
Water Supply Facilities and has a grade certificate equal to the class of the corresponding facility
at which he or she is employed. The Primary Operator shall be the individual who has direct
supervision and responsibility for charge of the operation of facility such as the superintendent
or chief plant operator who has active field supervision of the operation of the facility or who is
required in the performance of their normal duties to give responsible,technical advice and
supervision of the technical aspects rather than only general administrative supervision of the
treatment and/or distribution of the water supply and spends their working hours at the treatment
facility or performing distribution system duties and is knowledgeable of the Massachusetts
Drinking Water Regulations,guidelines and policies.The Primary Operator of the facility shall
hold a"Full Operator'status and cannot hold an"Operator-in-Training"certificate as defined in
236 CMR 4.05.
Public Water System means a system for the provision to the public of water for human
consumption, through pipes or other constructed conveyances,if such system has at 1l 15
service connections or regularly serves an averane of et le At 25 individuals daily at least 60 days
of the car. Such term includes any collection, treatment, storage, and distribution facilities
n e�trol of the operator of such a system and used primarily in connection with such
system,and any collection or pretreatment storage facilities not under such control which arc
used primarily in connection with such system. The Department may presume thata system is a
puhlic water.system as defined herein based on the average number of persons using a facility
11/3/06 310 CMR-708
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
22.02: continued
served by the system or on the number of bedrooms in a residential home or facility. The
Department reserves the right to evaluate and determine whether two or more wells located on
commonly owned property, that individually may serve less than 25 people, but collectively
serve more than 25 people for more than 60 days of the year should not be regulated as a public
water system,taking into account the risk to public health. A public water system includes a
"community water system"or a"non-community water system".
(a) Community Water System means a public water system which serves at least 15 service
connections used by year-round residents or regularly serves at least 25 year-round residents.
(b) Non-community Water System means a public water system that is not a community
water system.
1. Non-transient Non-community Water System or "NTNC" means a public water
system that is not a community water system and that has at least 15 service connections
or regularly serves at least 25 of the same persons or more approximately four or more
hours per day,four or more days per week,more than six months or 180 days per year,
such as a workplace providing water to its employees.
2. Transient Non-community Water System or INC means a public water system that is
not a community water system or a non-transient non-community water system but is a
public water system which has at least 15 service connections or serves water to 25
different persons at least 60 days of the year.Some examples of these types of systems
are:restaurants, motels, camp grounds,parks,golf courses, ski areas and community
centers.
Public Water System Capacity means a public water system has the technical, financial, and
managerial ability to operate in compliance with 310 CMR 22.00.the Department's "Guidelines
and Policies for Public Water System"and each National Primary Drinking Water Regulation in
effect at the time of such approval and in the foreseeable future
Reliably and Consistently Below the MCL means that though a system detects contaminants in
its water supply, it has sufficient knowledge of the source or extent of the contamination to
predict that the MCL would not be exceeded in the future. Wide variations in an analytical
results or an analytical results which is close to the MCL are examples of situations where
systems would not meet the'reliably and consistently test.
Rem means the unit of dose equivalent from ionizing radiation to the total body or any internal
organ or organ system. A"millirem(mrem)"is 1/1000 of a rem.
Repeat Compliance Period means any subsequent compliance period after the initial compliance
period.
Replacement Well means a new wells)/wellfield installed to replace or supplement an approved
well(s)hvelifteld where the proposed new well(s)/wellfield will be situated within 250 feet of the
original well(s)/wellfield and have a pumping rate equal to or less than that of the original
well(s)/wellfield. Replacement wells must be installed in the same unconsolidated geologic
formation as the original approved well(s)/wellfield. Criteria used to determine location of
replacement wells shall include but not be limited to the following: extent to which negative
environmental impacts caused by the existing well can be minimized; degree to which
replacement wells alter the existing groundwater hydraulics or Zone it boundaries; and the
degree to which significant potential contamination threats can be lessened. Replacement wells
shall not significantly alter the existing groundwater hydraulics or Zone 11 boundaries.
Replacement wells are subject to the new source requirements as deemed applicable by the
Department.
Residual Disinfectant Concentration ("C" in CT calculations) means the concentration of
disinfectant measured in mg/I in a representative sample of water,
River Source means a drinking water source with a direct intake located at any river or stream
that is designated as a drinking water source in the Massachusetts Surface Water Quality
Standards,314 CMR 4.00.Protected Zones A,B,and C,as defined herein,do not apply to river
sources designated as Class B under 314 CMR 4.00.
11/3/06 310 CMR-709