HomeMy WebLinkAboutCorrespondence - 544 FOSTER STREET 7/26/2001 COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
C
Metropolitan Boston—Northeast Regional Office
JANE SWIFT
Governor BOB DURAND
Secretary
LAUREN A.LISS
Commissioner
July 26, 2001
Michael Olson
Homeowner's Advantage Real Estate
11-15 Bird Street
Foxborough, MA 02035
Re:Approval of Title 5 Variance for existing construction (BRPWP59b)
Variance from Percolation Testing Requirement
DEP Transmittal No.: W019051
544 Foster Street, North Andover(13a-Merrimack)
Dear Mr. Olson:
Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.412, the Northeast Regional Office
of the Department of Environmental Protection has completed its review of the above referenced
application for approval of a variance granted by the North Andover Board of Health.
The application contains a copy of the Board of Health's grant of a variance from the following
provision of Title 5, 310 CMR 15.000:
• 310 CMR 15.104, Percolation Testing
As part of the application, the Department received plans consisting of one (1) sheet, titled as follows:
Title: Reconstruction of Existing Subsurface Disposal.System
Location: 544 Foster Street
Municipality: North Andover
Applicant: Washington Mutual Bank, F.A.
Designer: David A. Oberlander, P.E. No. 36479
Date (Last Revision): February 14, 2001 (July 9, 2001)
Based upon its review of the application, and in accordance with 310 CMR 15.410, the Department
has determined both of the following:
a) The applicant has established that enforcement of 310 CMR 15.104 would be manifestly unjust,
considering all of the relevant facts and circumstances of this case.
A percolation test could not be performed because of high groundwater. High groundwater was
encountered in each of the deep holes excavated on site.
This information is available in alternate format by calling our ADA Coordinator at(617)574-6872.
205A Lowell St. Wilmington,MA 01887 o Phone(978)661-7600 • Fax(978)661-7615 . TTD#(978)661-7679
Co Printed on Recycled Paper
b) The applicant has established that a level of environmental protection that is at least equivalent to
that provided under 310 CMR 15.000,can be achieved without strict application of 310 CMR 15.104
and 15.105. The applicant has established equivalent environmental protection as follows:
A particle-size soil analysis in conformance with the Alternative Percolation Testing Policy was
performed and, along with an evaluation of soil compaction, was used to determine soil classification,
the effluent loading rate, and the design of the system. The soil was found to be sandy loam and
compacted in nature. The system is designed with a Long Term Acceptance Rate of 0.15 gallons per
day (gpd) per square foot in accordance with that policy.
The Department, therefore, approves the North Andover Board of Health's grant of a variance
from 310 CMR 15104. The use of a Bio-Microbics MicroFAST 0.5 Treatment System has been proposed
and a 50 percent reduction in the size of the soil absorption system (SAS) has been approved.
Additionally, the Department imposes the following conditions as part of this approval:
• The Department has noted that the North Andover Board of Health has.concurred in an additional
written correspondence, dated February 2, 2001, that the soils are compacted.
• The applicant shall obtain a Disposal System Construction Permit(DSCP)from the North Andover
Board of Health prior to commencement of construction of the system.
• The system is not designed to accommodate a garbage disposal. As such, one shall not be used or
installed at this facility.
• There shall be no increase in design flow to the upgraded subsurface sewage disposal system. The
design flow for the facility is 440 gpd. The facility consists of a four(4) bedroom house.
• At the time of construction, if groundwater has receded to a point where percolation testing is feasible
in the opinion of the local approving authority, then confirmatory percolation testing must be
conducted and, if necessary, the system design revised based on the actual percolation rate.
• A copy of the as-built plans must be submitted to the Department within 30 days of the date of
issuance of the Certificate of Compliance from the North Andover Board of Health.
• Should this upgraded system fail, the owner shall immediately notify the local Board of Health and the
Department.
• The applicant(or owner) shall abide by all the requirements of the November 2, 1998 Department
approval for remedial use of the Bio-Microbics MicroFAST 0.5 Treatment System.
• Throughout its life, the system shall be under a maintenance agreement with no less than a one-year
contract. The owner shall at all times properly operate and maintain the system.
• The applicant shall record in the appropriate Registry of Deeds or Land Registration Office, prior to
the issuance of the Certificate of Compliance, a copy of this approval letter in the chain of title to the
property to be served by the system.
• It is the responsibility of the applicant to assure that the approved plans are available at the site
during construction.
Should you have any questions regarding this matter, please contact George A. Kretas, of my staff, at
(978) 661-7744.
This variance determination is an action of the Department. If the applicant is aggrieved by this
determination, s/he may request an Adjudicatory Hearing in accordance with 310 CMR 1.00 and M.G.L.
C.30A. A request for an Adjudicatory Hearing must be made in writing and postmarked within 30 days of
the date of issuance of this determination. Pursuant to 310 CMR 1.01(6), the request must state clearly and
concisely the facts that are grounds for the request and the relief sought.
The hearing request, along with a valid check payable to Commonwealth of Massachusetts in the
amount of one hundred dollars.($100.00),.must be mailed to:
Commonwealth of Massachusetts
Department of Environmental Protection
P.O. Box 4062
Boston, MA 02211
The hearing request will be dismissed if the filing fee is not paid, unless the appellant is exempt or
granted a waiver, as described below. The filing fee is not required if the appellant is a city or town (or
municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing
authority. The Department may waive the adjudicatory hearing filing fee for a person who shows that paying
the fee will create an undue financial hardship. A person seeking a waiver must file, together with the
hearing request as provided above, an affidavit setting forth the facts in support of the claim of undue
financial hardship.
1
Very truly yours,
q '�Y"ACVWA
Madelyn Morris
Deputy Regional Director
Bureau of Resource Protection
cc: David A. Oberlander, P.E., BDO Engineering, 47A Wilson Place, Mansfield, MA 02048
Diane Aitken,Washington Mutual Bank F.A., 9451 Corbin Avenue, Mail Stop N010201, Northridge, CA 91324
Sandra Starr, R.S., CHO, Office of the Health Department,27 Charles Street, North Andover, MA 01845
DEP Watershed Permitting Program, Policy Section, Boston
BRP/Vdastewater Management Program/Title 5 Section/Boston
COMMONWEALTH OF MASSACHUSETTS
1h = f EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
A ,
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Metropolitan Boston—Northeast Regional Office
JANE SWIFT BOB DURAND
Governor
Secretary
LAUREN A.LISS
Commissioner
June 28,2001
Michael Olson
Homeowner's Advantage Real Estate
11-15 Bird Street
Foxborough, MA 02035 v
RE: STATEMENT OF TECHNICAL DEFICIENCY
Application for BRPWP59b-Title 5 Variance
544 Foster Street, North Andover(13a-Merrimack)
DEP Transmittal No.W019051
Dear Mr. Olson:
The Metropolitan Boston-Northeast Regional Office of the Department of Environmental Protection
has received and reviewed your application for approval of a sanitary sewage variance pursuant to 310 CMR
15.410 and 310 CMR 15,412 with the above transmittal number.
The application requested a variance to the following provision of the State Environmental Code: 310
CMR 15.104, as it relates to the performing a percolation test in the area of the soil absorption system (SAS).
Accompanying the application was a plan consisting of one(1) sheet, titled as follows:
Title: Reconstruction of Existing Subsurface Disposal System
Location: 544 Foster Street
Municipality: North Andover
Applicant: Washington Mutual Bank, F.A.
Designer: David A. Oberlander, P.E. No. 36479
Date(Last Revision): February 14, 2001 (April 26, 2001)
An engineer of the Department has reviewed the plan and the accompanying data, and it is the
opinion of the Department that the requested variance to Title 5 cannot be approved as submitted for the
following reasons:
The Department has noted that two distinct alternative treatment systems have been referenced on the
plans. While both systems are manufactured by one company, Bio-Microbics, Inc., the Single Home
FAST system has been approved by the Department for not more than 550 gallons per day flow(gpd)
and the MicroFAST system has been approved by the Department for not more than 440 gpd. Please
select which system shall be used and delete from the plan any reference to the other system.
This information is available in alternate format by calling our ADA Coordinator at(617)574-6872.
205A Lowell St. Wilmington,MA 01887 . Phone(978)661-7600 . Fax(978)661-7615 . TrD#(978)661-7679
�.a Printed on Recycled Paper
• Since pressure distribution has been proposed and the system design reflects this proposal, then the
reference of a distribution box in the Notes and Specification section should be removed from the plan to
avoid confusion.
• The Department requires the signature of the applicant on the permit application form or a signed letter
from the applicant stating that David A. Oberlander may act as the applicants agent and has permission
to sign for the applicant.
In the opinion of the Department, the requirements for the granting of a variance as specified in 310
CMR 15.410(1) and 310 CMR 15.412 has=been satisfied. The applicant has not demonstrated that the
enforcement of the provision of the Code from the variance is being sought would do manifest injustice and
that the same degree of environmental protection required under Title 5 can be achieved without strict
application of the subject provision.
In accordance with 310 CMR 4.00, you have sixty(60)days from the postmarked date of this letter in
which to address the listed deficiency. Within the sixty(60)day time frame, the applicant is advised to allow
for the appropriate Board of Health action on the revised submittal since the Department of Environmental
Protection's subsequent action may be its final action and, therefore, any further filing in.this matter would be
considered a NEW application. If the applicant cannot accommodate the schedule of the Board of Health
within the sixty(60) day period, or for any other reason requires additional time, the applicant may, by written
agreement with this Department, extend this schedule in accordance with 310 CMR 4.04(2)(f).
The applicant is also advised that when the Department receives the new information, it will initiate a
second technical review, and has an additional thirty(30)days to rule upon the application. Should the
application be deemed to be deficient for a second time, the application will be denied. If the applicant elects
to proceed on the record as it now stands, this letter constitutes a denial of the variance. An applicant
aggrieved by a variance decision by the Department of Environmental Protection may request an
adjudicatory hearing on that determination in accordance with 310 CMR 1.00 and M.G.L.c. 30A.
The enclosed Supplemental Transmittal Form should be completed and included as a cover sheet
with any future submittal to the Department relating to the above matter. You need only correspond to the
Northeast Regional Office at the above address. Two(2)copies of the revised engineering plans are
required for Department review.
If additional information is required, please contact George A. Kretas at(978)661-7744.
Very)truly yours,
Madelyn Morris
Deputy Regional Director
Bureau of Resource Protection
mm/gak
enclosure
cc: -Sandra Starr, R.S., CHO, Office of the Health Department,27 Charles Street, North Andover, MA 01845
-David A. Oberlander, P.E., BDO Engineering,47A Wilson Place, Mansfield, MA 02048,w/enclosure
-BRP/Wastewater Management Program/Title 5 Section/Boston
07/08/UZ SUN 19:40 FAX 508 543 3262 ICI mna'
JUL®Q6°O1 t18:3Gf�
PROWSO CAL RELOCATION 94Q367ZTQ5
T®�i6 P.O2/OZ FmD37
arm
IN
m
ftfkm
at
+&adovmr
TQ
f
�
'o 'w r�lld P R M !bt rJlle A. abwiml6r,
r
"low
4
;i"Bw -&
i
Town of forth Andover ,,ORTH
O �t�eo e6 �O
Office of the Health Department
o _ p
Community Development and Services Division
o
William J. Scott,Division Director
27 Charles Street Sa" sE ay
� A CH CHU �
Sandra Starr P ( )978 one h
North Andover,Massachusetts 01845 Telephone 688-9540
Health Director
Fax(978)688-9542
March 16, 2001
David Oberlander,P.E.
BDO Engineering
47-A Wilson Place
Mansfield, MA 02048-2512
Dear Mr. Oberlander:
As you were told by the Health Department secretary, those minutes of the Board of
Health meeting of 2/22/01 were a first draft only. Regardless of what these draft minutes
stated (They will be amended at the next meeting.), the only variance that should have
been under discussion was the one for the alternative perc test method. The Board cannot
approve variances before consultant review and before a particular plan has addressed all
other problem areas. It must be as close to approval as possible, leaving only the
variances for that particular plan to be granted. You may verify this if you wish, by
contacting Claire Golden at DEP. Your submittal to DEP can occur after the North
Andover Board of Health approves your plan, not before. DEP will not grant approval to
a plan that has not received a final approval, subject to any changes from DEP, from the
local Board of Health. You will not be required to appear again before the Board since I
have the authority to grant the additional variances if I believe they are necessary and that
there are no other options.
The plans have been submitted to the engineering firm that reviews all of our septic
plans. You will be notified by mail if there are any items that need to be addressed or if
the plan has been approved. A copy of all correspondence will be sent to Washington
Mutual Bank.
If you have any questions please feel free to call the office.
Sincerely,
Sandra Starr, R.S., C.H.O.
Health Director
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 NURSE 688-9543 PLANNING 688-9535
y t-6 AN
PAWNING 9816W (ONSHM1101V 0111RAD8W S NA8R ANS11NWDM,DXAINAGF�587[ Sih
EKJG| KJEE[}| K]G 47-A Wilson MA0Y04X'25]Y,lJ: 5U8'33q-0X06 ' FO� 588-337'q44O' 8�)Oi|: kJOVDU@�i.D�
March 14, 2001
Ms. Sandra Starr, R.S., [U.0., Health Director
Town nf North Andover
Community Development &: Services �
27 Charles Street
Nortb/\ndovor, M/\ 01845
978-688'9540
RE: FEBRUARY%%`20V1B0ll DRAFT MEETING MINUTES REGARDING 544FOSTER STREET
Dear Ms. Starr:
% have reviewed n page of the draft nooctiug noiuutsm for the February 22, 2001 Board of Health
meeting. The section on 544 Poy\ec Street does not nunotiou four ofthe five variances that were
granted. I understand that your office may be questioning the relevance of the granted requests since
you had not 0000p|otod your plan cm/iuvv prior to the hearing. Never the |oaa' the record ybnu|d
accurately show that the subject vuriuu000 were requested, presented, diauuaaod` and unanimously
granted. Again, I have l)aLcd the variances granted on February 22, 2001: �
|. Title 5: 3|0 CM& 15.140--Percolation Test: Use sieve analysis and soil evaluation todetermine
the LT/\R.
2. 7idu 5: 3 1 CM8 15` Innovative/Alternative Technologies, Single Doruo FAST Qe000diu| Use
Approval, Section I.A. Reduced Soil Absorption Syateoo: Allow the 50Y6reduction io the area
nf the soil absorption system. Other/)/P/ZA technologies such uw29ioc/xre could bosubstituted
/n the event the FAS7/vorx///had expired.
3. Town of North Andover K4iniouonu [luguironouota for the Subsurface Disposal of Sanitary
Bcvvugo, Part l), Siting and I}uoigu of Systems, Section 5.00 Siting of Systems, 5.02 Distances: /
�
Reduce the leaching facility setback 8onu wetland from |OO-feolto5O-5cntnm allowed 6v Title 5. �
4. ?uvvn of North Andover Minimum Requirements for the Subsurface I}iypoeo| of Sanitary /
Smxugc, Part B, 3kio� and I)�yi�u of��a�co�s" 3�xdon �.00 Siting o�Syato�ns' 1.02 Distances:
Reduce the septic tank setback from wetland from 75-feettu 25'feeLoo allowed byTitle 5.
5. Town of North Andover Minimum Requirements for the Subsurface Disposal of Sanitary '
Son'a&c, Part Ilomigu, 9.04 Reserve Area: Waive the requirement to show o reserve area.
I trust that your office will revise the minutes to reflect the positive vote. l vvnu1d appreciate the
opportunity to review the revised draft bcfh,c it is(lnu|bced. Thank you for your attention.
Sincerely,
~--
BDO ENG
16 20
'77 cG
Civil/Environmental Engineer
cc: Owner nandboh07
Mar-14-01 01 :35P North Andovev C m. Dev . 978 9542 P .01
Page Two
February 22, 2001
Dr. MacNfiffan agreed to semi the information to tyre proper people in Boston and let there
determine how much truth there is to the data.
544 FOSTER STREET—VARIANCE —(T FR ANDE.R.
NU. Ford spoke about the new policy that DEP has on requesting a variance for perc
testing. Mr. David Obcdander spoke regarding the property at 544 Forest Street. He is
the designer of the plans for this properly. He explained about the trouble percing this ac t
due to the saturated conditions on the property, so 'the first variance request is to use the
state procedure for an alternative to percolation testing. It is a state variance although
they require the local Board to give it their blessing first. The soils are compacted which
throws them into a pressure distribution system. There is a flood boundary. Mr.
Oberlander would like to put in a Fast System, which allows a reduction in the field size
by 50% if this technology is used. Mr. Oberlander will be going before Conservation for
the wetlands.
On a motion by Dr. MacMillan, seconded by Mr. Osgood the Board voted to grant
the mquest to use a sieve analysis instead of an actual percolation test to determine
the Long Term Acceptance Rate(LT j at 544 Poster Street.
BEAVERS w DAVE RAND
Mr. Rand appeared before the Board for a special pmnh to trap beavers- Ms. Stexr stated
that the 14eadth Depari=nt had lint received directions for guidance for Boards of Health
for that regulation. Any person may apply to the Hoard of Health to apply for an
emergency permit to immediately alleviate a threat to human health and safety. People can
contact the Fish and Wildlife for a non-threat or safety law. Even if the Health
Department believes there is a threat, the person shill would have to go through
Conservation. Ms. Starr told Mr. Rand that when they went out to .Mr. Rand's property
the Health Department found there is not a threat and safi* issue.on his property,
however Mr. Rand can still go through the normal process without mentioning health and
safety and still get a pennit. Mr. Santiaati, a resident from Castlamere, spoke regarding the
beaver problem. He stated that his land has not changed in a year or two and he believes
the reason it has stayed that way is because of the work Mr. Rand has done to maintain
the beaver control and if he had not then there would be an emergency out there. Mr.
Town of North Andover °¢ N0R7p�
(TLED day yQ
Office of the Health Department
o
Community Development and Services Division
William J.Scott,Division Directory°4oq�rfo'�`R�v
27 Charles Street 9SSAC►+USE�
North Andover,Massachusetts 01845 Telephone(978)688-9540
Sandra Starr
Health Director Fax(978)688-9542
March 12, 2001
David Oberlander, P.E.
BDO Engineering
47-A Wilson Place
Mansfield, MA 02048-2512
RE: 544 Foster Street
Dear Mr. Oberlander:
This correspondence is in regards to the septic system repair at the above address. It has
come to our attention that the manner in which the process proceeded in February was
not entirely correct according to the State Title V requirements. If you recall, we
previously discussed the fact that this septic repair is unique because of the application of
a new DEP policy. You were told that the office would try to pay close attention to the
uniqueness and complexity of the situation. I believe that in doing so, the Board of
Health members were prematurely involved in the process. I retraced our steps in the
process and believe that I have pinpointed the problem.
As I recall, your initial concern was whether the BOH would approve the variance to the
percolation test. This concern led us to recommend that you go before the BOH with this
request. In my letter to you dated February 2, 2001, I indicated that you did not need the
plan formalized prior to the hearing. This was because I knew that it needed to be
reviewed at a later time. I did say that it, "would be helpfiil to present to the Board
Members all of the circumstances and variances needed". This was so the members
could understand the importance of approving this variance, not to actually approve them.
Somehow this situation evolved to the point where you actually added the variance
requests to the agenda. In retrospect, this office should have immediately rejected this
letter of request to be on the agenda because the plan had not yet been submitted for
review by this office.
Without the review by Health Department personnel,the Board Members should not
have been asked to approve or disapprove the extra variances. Therefore, the only item
that was properly discussed was in fact the perc test, and in turn this is the only approved
BOARD OF APPEALS 6688-9541 BUILDING 688-9545 CONSERVATION 688-9530 NURSE 688-9543 PLANNING 688-9535
component at this time. This along with the additional variances should be requested
along with the complete package of required information as listed in the DEP policy
document as follows:
Requirements for obtaining a variance from the percolation testing provisions
When an applicant proposes to upgrade a system,percolation testing cannot be
performed due to high groundwater and the soils are neither impervious nor of extremely
low permeability, the Department may approve a variance from the Title 5 percolation
testing requirements. In addition to complying with the other requirements of Title 5, the
variance application to the local approving authority and to the Department(DEP
permit application BRPWP59b) must contain the following:
1. documentation of a demonstration that percolation testing cannot be performed;
2. the Soil Evaluator's determination, along with the written concurrence of the
local
approving authority, of whether the soils are uncompacted or compacted;
3. results of performance of a Particle Size Analysis by a soils laboratory;
4. the Soil Evaluator's determination of the soil type, which must be based on the Particle Size
Analysis and the USDA Soil Textural Triangle in Title 5; and
5. the Soil Evaluator's determination of the soil class under 310 CMR 15.243, which must be
based on the soil type; and
6 plans for a system upgrade designed in accordance with the criteria in this
policy for the soil type, class and determination of soil compaction.
This section of the policy on the alternative to perc tests indicates that the local BOH
must review the entire package and approve the plan as well as the variances prior to
submission to the DEP. It was during the construction of the variance letter that it was
realized that the Board had inadvertently taken action on variances to a plan that had not
yet been reviewed for full compliance to the code. Another major red flag was the
abutter notification.
While it is true that you and I discussed the need for abutter notification, we did so in the
context of the "variance of a perc test" only. This was specifically because you wanted to
be sure that before going forward with a design that this variance would be approved,
thus not wasting valuable time only to have been turned down. Although you indicated
in your letter of February 14, 2001, that "we understand that abutter notification is not
required for these variances—let us know as soon as possible", as I stated above, the
variances listed at that time were above that which you and I had discussed. Proper
review will find that for some of these variances, according to Title V,there must be
abutter notification. Local Boards of Health cannot circumvent this requirement.
This application must be reorganized so that it meets all the criteria as set forth in the
regulations. Also, there was concern for the FAST system being used in this case. I
believe you mentioned resubmitting alternative plans. As your initial plan was not
formally accepted we still have not cashed your check. Please submit a complete
application package as soon as possible. After a review is complete you can request to be
on the BOH agenda and abutters can be notified if that is found applicable.
It is unfortunate that this process became so convoluted; however, I do believe that it has
now been sorted out. Although your client may see this delay as cumbersome, the initial
concerns raised about the approval of an alternative to the perc test have been alleviated.
Once this process is again set in motion, the Health Department will act as quickly as
possible to move things forward. If you have concerns regarding the above issues please
contact me.
Sincerely,
'Susan Ford, R.S.
Health Inspector
Massachusetts DepatIment of Environmental Protection
Supplemental Transmittal Form
(to accompany supplemental material to previously submitted applications)
1. Obtain from the upper right hand corner of the Original application's
Transmittal Transmittal Forrp:
Number
W019051
2. (a) Facilb:Nam®: (b)Facility Address:
Facilii
111formald6ni Washin-citon Mutual Bank F.A. 544 Foster Street
-(c)Facility Town/City (d)Telephone.:Ni,nbe'r_
Attn. Michael Olson
North Andover Homeowner's Advantage Rea!Estate
508 543-3214
3. (a PeirfNaine: (b)Permit..Code:*li om:o i final appiication)
Permit;
Information. . DEP Variance Approval BRPWP59b
(c)EOEA{MEI}A)fle`#: (d)Telephone Mrhbec:: .:
Attn. David A. Oberlander
BDO Engineering
508 339-0806
4. f a Ffspai:seo Request (b °Response to Statement of
Check for Atldlb6h" f information QeQeienG
Reason for. ® {c) :uppteenfal.Fee t'dj Nlthdrawal of Application
Sup.plrrieritat.
pa y 011 t
Submission
e Other: ]ease s :ecif below
5. (a)°Nama of individu'W.or firm preparinq (b)Affiliation_with application,i.e.applicant,
'Form
tfi'is su6snisSion:: consultant:to.a )Kant:.
Pr ared.; 'DO ��r��M Et�lu ®MSuLTAcN
b Contact Name: d Contact Telephone
Avttip 09 080 6
Town of North Andover
Office of the 1-lealth Department
Community Development and Services Division
William J.Scott, Division Director
27 Charles Street �SSacwuSE�
North Andover,Massachusetts 01845
Sandra Starr Telephone(978)688-9540
Health Director Fax(978)688-9542
February 2,2001
David Oberlander
BDO Engineering
47-A Wilson Place
Mansfield,MA 02048-2512
Subject: 544 Foster Street
Dear David,
I have spoken with the Director and have found that you do need to come before the Board Of
Health to request this variance. Please submit a letter of request to be on the next scheduled
BOH meeting for the purpose of requesting a variance from the percolation requirements. The
next meeting is being held on February 22,2001,at TOOPM, at the DPW,384 Osgood Street.
The letter should be submitted no less that one week prior to the meeting.
It would be a good idea to have the plan formalized. However,you do not have to formally
submit the plans prior to the hearing for our review. Having the plans available would be helpful
to present to the Board Members all of the circumstances and variances needed. It will be this
offices recommendation that due to historical knowledge of this site the variance should be
granted. Please call us if you have any questions.
/alth" ,R.S.pector
BOARD OF APPEALS 688-954I BUILDINCY 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
02/14/01 17:07 FAX 508 337 9440 BDO ENGINEERING �a1
I
1
PUNNING,DESIGN-f0Ni1RU(TI0N-OPERATIONS lllAlf g WASTEWAIER DRAINAGE-AM(.Siff
ENGINEERING 47-A Wilson Place,Mansfield,MA 02046-2512•Tel:508-339-0806•Ion � `��o�oil�bdaeng�iri.net
February 14,2001
d
Ms. Susan Ford, R.S., Health Inspector
Town of North Andover �m
Community Development fir. Services
27 Charles Street
North Andover, MA 01 845
978-689-9540
VARIANCE REQUESTS FOR SEPTIC SYSTEM REPAIR AT 544 F'OST'ER STREET,NORTH ANDOVER,MA
Dear Ms.Ford:
The purpose of this letter is to request placement on the Board of Health Agenda for your February
22,2001 public meeting. We are seeking two Title 5 variances and two local variances for the repair
of the existing subsurface disposal system at 544 Foster Street. The requested variances are as
follows:
I. Title 5: 310 CMR 15.140--Percolation Test: Use sieve analysis and soil evaluation to determine
the LTAR. As you know, the saturated conditions at the time of the percolation test prevented
percolating in the C layer.
2_ Title 5: 310 CMR 15, Innovative/Alternative Technologies, Single Hoare FAST Remedial Use
Approval, Section I.A. Reduced Soil Absorption System: Allow the 50% reduction in the area
of the soil absorption system.
3. Town of North Andover Minimum Requirements for the Subsurface Disposal of Sanitary
Sewage, Part B, Siting and Design of Systems, Section 5.00 Siting of Systems, 5.02 Distances:
Reduce the leaching facility setback from wetland from 100-feet to 50-feet as allowed by Title S.
4. Town of North Andover Minimum Requirements for the Subsurface Disposal of Sanitary
Sewage, Part I3, Siting and Design of Systems, Section 5.00 Siting of'Systems, 5.02 Distances:
Reduce the septic tank setback from wetland from 75-feet to 25-feet as allowed by Title 5.
We understand that abutter notification is not required for these variances--let us know as soon as
possible if you require any notifications. Also,please confirm the time and place of our hearing. We
expect to trail our design plans to your office by the end of this week.
Sincerely,
7- in 7
David Qberlander,P.E.
Civil/Environmental Engineer
cc: Owner
nandboh03
f
it
C IryryLppppgqG^91146N (ON SW pu1p0 011000Z A(ry R- WASTNIMI y q NAIN 6 1 �M fl(°Siff
ENGINEERING 47-A Wilson Place, Mansfield, MA 02048-2512 Tel: 508-339-0806 . Fax: 508-337-9440 e-mail: hdoeng @ici.nel
February 16, 2001
Ms. Susan Ford, RS., Health Inspector
Town of North Andover
Community Development& Services
27 Charles Street
North Andover, MA 01845
978-688-9540
RE: VARIANCE REQUESTS FOR SEPTIC SYSTEM REPAIR AT 544 FOSTER STREET,NORTH ANDOVER,MA
Dear Ms, Ford:
The purpose of this letter is to revise the variance requests outlined in our letter dated February 14,
2001. We neglected to request a waiver of the reserve area requirement. Now, we are seeking two
Title 5 variances and three local variances for the repair of the existing subsurface disposal system at
544 Foster Street. The requested variances are as follows:
1. Title 5: 310 CMR 15.140--Percolation Test: Use sieve analysis and soil evaluation to determine
the LTAR. As you know, the saturated conditions at the time of the percolation test prevented
percolating in the C layer.
2. Title 5: 31.0 CMR 15, Innovative/Alternative Technologies, Single Home FAST Remedial Use
Approval, Section I.A. Reduced Soil Absorption System: Allow the 50% reduction in the area
of the soil absorption system.
3. Town of North Andover Minimum Requirements for the Subsurface Disposal of Sanitary
Sewage, Part B, Siting and Design of Systems, Section 5.00 Siting of Systems, 5.02 Distances:
Reduce the leaching facility setback from wetland from 100-feet to 50-feet as allowed by Title 5.
4. Town of North Andover Minimum Requirements for the Subsurface Disposal of Sanitary
Sewage, Part B, Siting and Design of Systems, Section 5.00 Siting of Systems, 5.02 Distances:
Reduce the septic tank setback from wetland from 75-feet to 25-feet as allowed by Title 5.
5. Town of North Andover Minimum Requirements for the Subsurface Disposal of Sanitary
Sewage, Part C Design, 9.04 Reserve Area: Waive the requirement to show a reserve area. Due
to the many site constraints on this property, there is no available area for reserve. Any future
systems will likely require the dig out and replacement of the soil in the area of the proposed
leaching field.
Please confirm the time and place of our hearing. As discussed, we did not notify any abutters. Our
design plans were mailed to your office today via priority mail.
Sincerely,
BDO ENGINE RINGG
David Oberlander, P.E.
Civil/Environmental Engineer
cc: Owner nandboh04