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Home My WebLink AboutLegal Document - 445 BOSTON STREET 10/21/2002 I � + NOTICE OF VARIANCEIDEED RESTRICTION Pursuant to 310 CMR 15.000 Title 5, and as a condition of the North Andover Board of Health Disposal Works Construction Permit # 1275, dated October 4, 2002, notice is hereby given that real estate located at 445 Boston Street,North Andover, Massachusetts, as described in a deed from Patrick L. Clark to Thomas P. Connolly and Maureen Foley Connolly, dated August 8, 1986 and recorded in the Essex North County Registry of Deeds in Book 2266, Page 69 is the subject of a variance from the Town of North Andover Minimum Requirement for the Subsurface Disposal of Sanitary Sewage A1.05 and C9.01.(4). Said variance limits the maximum number of bedrooms at this dwelling to four bedrooms until such time as the dwelling may be tied-in to municipal sewer. This variance is within the jurisdiction of the North Andover Board of Health. Signed and sealed this twenty-first day of October, 2002 Thomas P. Connolly Maureen Foley o y fiefs Zo: COMMONWEALTH OF MASSACHUSETTS Essex, s.s. October 21, 2002 Then personally appeared the above-named Thomas P. Connolly and Maureen Foley Connolly and acknowledged the foregoing instrument to be their free act and deed, before me. Not ublic My commission expires: COMIb1Olv1WE,,\CPI-I OF, MASSACI SETTS EXECUTIVE Oujw., OF ENVIRONIVIENTA[,MFAIRS 'd DEPARTMENT OF ENVIRONMENTAL PROTECTION XWelropolilmr Boston—Northeast Regional Office IO„M JANE SWIFT BOB DURAND Governor Secretary LAUREN A.LISS Commissioner September 9,2002 Thomas P.and Maureen Connolly J ;..t 445 Boston Street North Andover,N,Iassachusetis O1 F;45 i Re: Approval of Title S Variance for existing;construction(BRPWP59b) Variance from Percolation'resting requirement 445 Boston Street,North Andover(I7-Ipswich) DEP Transmittal No.NV029553 1 Dear Mr.and Mrs.Connolly: 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 Ilealth. The application contains a copy of the Board of Health's grant of a variance from the following Provision of Title 5,310 CNtR 15.000: • 310 CMR 15.104 Pet rcolation Testing- Accompanying the application were plans consisting of two(2)sheets,titled as follows: Title: Subsurftce Septic Disposal System Upgrade Location: 445 Boston Street Municipality: North Andover Applicant: Thomas P.Connolly Designer: Michael G.O'Neill,P.E.(Civil)No.27916 Date(Last Revision): April 12,2007.(July 19,2002) Based upon its review of the application,and in accordance with 310 CMR 15.110,the Department has determined both of the following: a) The applicants have established that enl6icenlent ol'310 CMR 15.104 would be manifestly unjust, considering all of the relevant facts and circumstances of this case. A pereolalion lest could nol be jw lbrmed hecairse of high grotmchrcner. Phis i du—,mi-is ,ailabb,h-11'."ale format br eJling-r ADD Coordinalor at(617)574-6872. i 205A Lowell St Wilmington,MA 01867 + Fhone(978)661-7600 • Fax(978)661-7615 . TTD#(978)661-7679 C I Printed on Recycled Paper I, i 1 X NORTH RF I f i Y ()F D EDIS LAWRENCE MASS. COPY: �K Thomas P.and Maureen Connolly Page 2 September 9,2002 b) The applicants have established that a lesel of environmental protection that is at least equivalent to that provided under 310 CMR 15.000 ctm be achieved without strict application of 310 CMR 15.104 and 15.105. The applicants have established equivalent environmental protection as follows: A particle-size soil analysis in conformance with the Alternative Percohnion Testing Policy was performed and,along with an evaluation ofsoil coml)aclior, svgs used to delernrine soil classification, the effluent loading Tale, crud the design of the system. The system is designed ill accordance with that policy. The soil ivas found to be nn nncompereted till comprised of loamy sand, a Class I nnaterial. The soil evaluation had determined the material to be sandy loans, a Class 11 soil. The designer elected to be conservative. Based our that it fhrmation, the system was designed with ai Long Term Acceptance Rale of 0.33 gallons per clay per square foot. The Department,therefore,approves the Board of Health's grant of a variance from 310 CMR 15.104. Additionally,the Department imposes the following conditions as part of this approval: j 1) The applicants shall obtain a Disposal bjstem Construction Permit(DSC11)fi-our the North Andover Board of Health prior to commencenlent irY'ewist ruction of lire system. 2) The system is not designed to accommodate a garbage disposal. As such, one shall not be used or installed at this fncilily. i 3) There shall be no increase in design./low to the upgraded sub.snmface sewage disposul system, The design flow for the facility is 440 gpd. 1l ie f tcilil,consists of a four-becb oom house. � 4) At the lime of'constrtrction, {fgrotndwuler has receded to a point where percolation testing is feasible in the opinion of the local approving authority, them conftrnnalor.y percolation tesling mist be conducted and, if necessary, the sy,stcm eksign revised based on the actual percolation rate. S) A copy 0f*lhe as-built plans must be submined to the Dep(1/7nent within 30 clays of the dale of issuance of the Cerli icule of Compliance fi-om the Norlh Reading Board of Health. 6) Should this ugrgrculed system fail, the owner(s)shall innedialely notify the local Board ofHealth and the De1)(1/l1)renl. � 7) The applicants shall record in the crp,>>ropriaie Regisiry of Deeds or Lard Registration Office,prim to the issuance of'the Certificate ofConrpliance, a copy of this approval letter in the chain of tide to the properly to be served the system. This variance delernincrlion is an action a the Depurlrnent. ff the applicants ore aggrieved by this I determination,they nary request an Adjudieoiory llcoring in accordance with 310 01,11'1.00 and kf.G.L. � C.30A. A request for rill A(judiccto y Hearing must be made in writing crud postmarked within 30 days of the(late of issuance of this delermincrlion. Pursuant to 310 CMR 1.0](6),the request must state clearly and concisely the fcncts that are grounds fan•the t°egrrest and the relief sought. The hewing request,along with a valid checkpuyable to Commant-ealih of Alassachusetls in the (1/11011111 afone hundred dollcns($100.00), nursr be moiled to. Commonwealth of Alcrssachuselts DepcutmeutefEnvironmewal Protection ".O.Box 4062 Boston,AM 02211 Thomas P.and Maureen Connolly Page 3 September 9,2002 i The hearing request wi/I be dismissed i/lrc/iliug/ee is not paid, unless the uppellaut is e_vempt or granted a waiver,as described below. The/ilingfee is not required if the appellant is cr city or 1011,11(ar numicipal agent}),c•oumI;,or district of the Commomvealth gj'Massochusetts, or a mmticipal housing authority The Department may waive the adjudicalorl�hearing filing fee.far a person who straws that paying the fee evil/create an urudue financial 1tarchhip. A person seeking a waiver must file,together with the hearing request as provided above,cnr cr/fi,aavit setting forth the facts to suppor7(?f fie claim of undue financial hardship. Should you have any questions regal ding this matter,please contact Claire A.Golden,of my staff,at (978)661-7743. Very truly yours, Madelyn Morris Deputy Regional Director I3ureau of Resource Protection MM/CAG/cag \2002varianccsl\w029553app cc: Sandra Starr,ILS.,Iludlh Director,t)cahi llnpa tmcat,27 Charles Stree(,North Andover,MA 01845 • Michael G.O'Neill,I'.E.,O'Neill Associates,234 Yank Street,North Reading,MA 01864 • DEP/Wn(ershecl Pennilting Program/l'itle 5 Section/Boston I ' i