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06-062 (6) 6 -6a MELNIK LAW OFFICES Attorneys At Law JUN 110 King Street • n 1 7* 2007 Northampton,Ma. 01060 - _ [ 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 06071et(43-44) - WILLIAM Al COMPUTER RM 15�#'- CANONB STUDY STUDY :110_ BEDROOM I o; CLO! ,�_ E c N DESIGN 9 4X1; : 09: 4X1 „ 0 NG D D 0 µI 3 c x 14%6 h 3R „ .PM _ 1 ,_ • 01027 .u ,, SS CARONVANAVANEr.Cow somiS "j7-- "Cr. ISEGOV£Maur 11 BATH ; jir .3-or LTIL _ 7 j BR i--Ir. - r _ .6 . ii. 711-71 CIG ' CUA _ Imit iBEDROOM BAT}: k it t S FOYER M R 1 ?: Y PC�1 ^p, c'r C° ! 3 C 18 POYER OMPUTER RM/ 0 co zF1I5 5421 .TUDY a ___ iX MCI'Ml MIS-0D306 VO RE Hd : G0Ya AC4Yi YIyNI M SIC MU 1 BUMS OMER RAH UNIT A U -f7 :$ UNIT C 3 UNIT BURDa,G 1 £ S l l A.(—'+•T FEET I 743 S s l 1,�Ei-'111-711 '1 : SQUARE FEET FLAN -- 1 SECOND Pf.O�R 14¢r m. i ir • WILLIAM A. Y PATIO p PATIO t \ j CANON r---- i PATl I(? T 1 i 1 ! o 0 0 a. w cN ai•]3]•i]]• :TREAT RM DIN RM DIN RM GREAT RM 12X 16 12 X 16 � r0 X to-'2 f0 X 10/2GREAT RMWOMIE MOM= i2 X 16 3 DI\ EM -.- p 0 X 10/2v 1%•1525! C1°i.1 - KIT ji,hIT PribY4 I KIT 1 Pull PDRZ11 3 -{--��v ��-++ D W PDR / 4` i2� r -.• � ^- Qsw1 a -5--1 _______ GARAGE GARAC E1D 2 sqo " It f/0 X 22' G 1l: 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