HomeMy WebLinkAboutCorrespondence - 209 BRIDGES LANE 8/28/2009 a
August 28, 2009
Susan Y. Sawyer - Health Director l
Town of North Andover A C j(I ryi a (1�uN`J
1600 Osgood Street Building 20 Suite 2-36 0V
North Andover, MA 01845 � I,ZAL�T G
d�`w)c,`f'AR �NIEN I
Dear Ms. Sawyer,
As you know, we recently had our septic system replaced by Wildwood
Excavation of Andover. Throughout the process, including its completion, as is
required by 310 CMR 15.021(2), the Approving Authority (North Andover Health
Department) inspected and approved the work performed.
That project, after final inspection by your department, was completed on August
4, 2009. On that day, John Shaw, owner of Andover Excavation was paid the
agreed-upon amount of$1.9,500.
Since that time, I have been informed by you that a Certificate of Compliance
(COC) has not been issued by your department because Mr. Shaw has not signed
the required forms in your department verifying that the work has, in fact, been
done. You have further informed me that the COC will not be issued until Mr.
Shaw does complete the required forms, and that your department would contact
Mr. Shaw to request that he provide his signature on said form as required by 310
CMR 15.021(3) .....
"Within 30 days of the final inspection of the system and prior to the issuance of'o
Certificate of Compliance, the Disposal System Installer and the Designer shall
eerti f in writing on a form approved by the Departn7ent that the system has been
constructed in compliance m ith 310 CMR 15.000, the approved design plans and
all local requirements, and that cn)y changes to the design plans have been
refleeted on as-built plans ivhich have been submitted to the Approving Authority
box the Designer prior to the issuance of a Certificate of Compliance. "
At your suggestion, I have also personally contacted Mr. Shaw to request that he
sign the required document. And, as I have reported to you by telephone, on
Thursday, August 28, Mr. Shaw informed me - in a recorded voice mail message
that he refuses to comply. His stated reason for the refusal was that the project
required more sand than he estimated based on the engineer's design plan for the
system, and that until an additional $3475 was paid to him, he would not make it
possible for us to receive the COC. (Although you asked that in this letter I not go
into any "business details" between Mr. Shaw and myself, I believe - because it is
the essence of Mr. Shaw's refusal to comply with 310 CMR 15.021(3) - that it is
important to note that there was never,any agreement between Mr. Shaw and
myself for any additional monies to be paid)
In view of Mr. Shaw's refusal, I would request that you, as Health Director,
demand that Mr. Shaw, as a licensed installer for the Town of North Andover,
comply with the above-mentioned 310 CMR 15.021(3). Should he still refuse to
comply, I would refer again to 310 CMR 15.021(2) that states:
"the Approviizg Authority shall make sufficient inspections of the system in
accordance with 310 CMR 15.021(2) to determine that the work has been
completed in compliance with the requirements of 310 CMR 15.000, the Disposal
System Construction Pei°mit, the approved design plans, and any local
requirements. "
To wit, the North Andover Health Department knows, by virtue of its several
inspections, that the project was conducted and completed consistent with both
state and local requirements; e.g. your department's order that the tank originally
put in place by Mr. Shaw be removed and replaced with a different tank.
Accordingly, I would respectfully request that even in the absence of the required
signature required of the system installer by 310 CMR 15.021(3), that the
Certificate of Compliance be issued by the North Andover health Department
forthwith.
Thank you.
Sincerely,
Joseph G. Con rada
209 Bridges Lane
North Andover, MA 01845
978-794-3562
cc: David Ferris —Massachusetts Dept of Enviromnental Protection
cc: Dr. Thomas Trowbridge— Chairman, North Andover Board of Health