HomeMy WebLinkAboutCorrespondence - 767 JOHNSON STREET 3/27/2014 A Leo ; v
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PUBLIC HEALTH DEPARTMENT
Community Development Division
To: All North Andover Residents with Septic Systems and Garbage Grinders
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Please note that due to recent reviews of Title 5 Reports, your property has been identified as
maintaining a working garbage grinder that is being used in conjunction with a septic system.
The Health Department is concerned for the longevity of your septic system.
Garbage grinders are never recommended where septic systems are used, but if they are installed,
the system must be specifically designed to handle the waste from them; your system can not
handle the waste as designed. Please note that continued use of this grinder could quickly cause
a pre-mature failure of your septic system, resulting in a large expenditure to replace it. The
North Andover Health Department recommends that you remove it from your home as soon as
possible.
Some information regarding regular maintenance of your septic system is attached. Please call
the Health Department-at 978.688.9540 if you have any questions, or e-mail your questions to:
healthdept(Ltownofnorthandover.com.
Thank you for taking the time to consider the impact that your current setup has on your septic
system and'the environment.
Sincerely,
Susan Y. Sawyer, REHS17""
Public Health Director
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Enc: Septic System Information: http://www.mass.gov/dep/water/wastewater/dodont.htm
1600 Osgood Street, North Andover,Massachusetts 01845
Phone 978.688.9540 Fax 978.688.8476 Web http://www.townofnorthandover.com
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September 24, 1999
Sandra Starr, Administrator
North Andover Health Department
Town Hall Annex
27 Charles Street
North Andover, MA 01845
Re: 767 Johnson Street
Dear Sandra:
Enclosed are three copies of the as built plan and certification for 767 Johnson Street in
North Andover. Please fill in the design permit number and the date of the design permit
on the installation certification form. Also, please forward a copy of the completed form
to my office.
If you have any questions or need additional information please do not hesitate to contact
this office.
Sincerely,
'4'2
Benjamin C. Osgood, Jr.,EIT
President
60 RE CW6V1/OOD DRIVE -NORTH ANDOVER, MA 01 4 ,.(97 3) 86--176 -(88B)359-7645-FAX(978)685-1099
Town of North Andover rfORTH
OFFICE OF 3�°�'„° �O L
COMMUNITY DEVELOPMENT AND SERVICES � A
30 School Street w
North Andover, Massachusetts 01845
WII LIAM J. SCOTT SSACNU5E
Director
May 29, 1998
Mr. Ben Osgood, Jr.
New England Engineering Services
33 Walker Road, Suite 22
North Andover, MA 01845
Re: 767 Johnson Street
Dear Ben:
This letter is a confirmation that on May 28, 1998, the North Andover Board of Health
granted a variance as follows:
a) curtain drain is within 25 feet of the septic system
Please call the Board of Health Office if you have any questions.
Sincerely,
---'1"Z6—Vu
Sandra Starr, R.S.
Health Administrator
SS/cjp
cc: William Scott, Director, P&CD
File
David Solomon, Owner
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
NOTE TO FILE:
September 2, 1999. RE: 767 Johnson Street
At 2:30 PM I left the office and drove to 767 Johnson Street where repair of a septic
system is going on. At the site there was a large dump truck in the driveway, backed up
to the septic leaching area and it was dripping from the tailgate. Two men were reclining
on the grass at the far end of the system. I approached and asked if Bill Hall was around.
The looked puzzled and said no. I then asked who was providing the oversight for the
repair job. One answered"Oh, that's Nassar Jabour. He'll be back in a few minutes." I
told them they would probably be packing it in for the day since Jabour is not licensed to
do septic work and nothing can be done on the system unless Bill Hall, the licensed
installer, was on site. I waited. In the interim Brian Lagrasse of the NACC came by and
I used his phone to call Gayton Osgood to discuss the situation with him. I stated I
thought the site should be shut down since the installer wasn't present. He agreed.
Nassar Jabour arrived about 3:00 PM and I told him that all work on the system would
have to stop because the licensed installer wasn't on site. I informed him that under our
regulations and non-criminal disposition, he could be fined up to $500.00. He stated that
Bill Hall was on his way. We waited. At 3:40 PM I left the site and drove over to 299
Dale Street, another Bill Hall-Nassar Jabour site,to check if the seepage of effluent
between the septic tank and the pump chamber had been taken care of. I returned to 767
Johnson Street at about 3:52. Bill Hall had arrived. I spoke to him about the possible
consequences of his actions and told him that the BOH wanted him to appear before them
on 9/23. We discussed the fact that the system had to be finished quickly and that he
would have to remain on site while work proceeded. I left the site at 4:00 PM, killed
some time and drive by again at 4:20 PM. Neither Bill Hall nor the truck he arrived in
were in evidence. The rest of the crew appeared to be still on the site.
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May 20, 1998
Sandra Starr,Administrator
North Andover Board of Health
30 School Street
North Andover, MA 01845
Re: 767 Johnson Street
Dear Sandra:
Pursuant to our conversation last Friday I have advertised to the abutters of 767 Johnson Street a
public hearing with the Board of Health for May 28, 1998 at 7:30 P.M. in the Town Hall
conference room. The specific variance request is outlined in the copy of the notice to the abutters
enclosed with this letter.
I will be at the meeting to discuss this matter.
Yours truly,
Benjamin C. Osgood, Jr.
33 WALKER ROAD-SUITE 3..NCJR'm ANDOVER, MA 01845-( 76)686-.1768-(888)359-7645..FAX(978)685-1099
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECnON
METROPOLITAN BOSTON-NORTHEAST REGIONAL OFFICE
ARGEO PAUL CELLUCCI TRUDY CORE
Governor
Secretary
DAVID B. STRUHS
Commissioner
May 7, 1998
David Solomon
767 Johnson Street
North Andover, MA 01845
li
RE: APPROVAL OF DEP VARIANCE (BRPWP59b)
767 Johnson Street, North Andover (IRV)
DEP Transmittal No. P22959
Dear Mr. Solomon:
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 15.412 with the above transmittal number.
The application was received on April 7, 1998.
The application contained written notification, dated March 2, 1998, stating that
the North Andover Board of Health had approved variances to the following provisions of
the State Environmental Code:
310 CMR 15.212 (a) , as it relates to depth to groundwater; and
0 310 CMR 15.242 (1) as it relates to the long term acceptance rate (LTAR)
In addition, the Department has determined that the proposed soil absorption system (SAS)
does not meet the required setback from a curtain drain. Since the North Andover Board
of Health has apparently not granted this under local upgrade approval, the Department
has included it as a variance request under consideration.
Accompanying the application was a plan consisting of one (1) sheet titled as
follows:
Title: Plan Showing Subsurface Sewage Disposal System
Location: 767 Johnson Street
Municipality: North Andover
Applicant: David Solomon
Designer: Richard C. Tangard, P.E. No. 13021
Date (Revised) : February 4, 1998 (March 25, 1998)
An engineer of the Department reviewed the plans and the accompanying data, and it
is the opinion of the Department that the plans are in compliance except for:
0 310 CMR 15.212 (a) as it relates to the depth of groundwater [Three (3) feet
of separation of the SAS from the estimated high groundwater is being
permitted, where four (4) feet of separation is required] ;
0 310 CMR 15.242 (1) as it relates to the calculation of the LTAR [A 25%
reduction of the proposed SAS because of site constraints is proposed] ; and
0 310 CMR 15.211 (1) , as it relates to the required separation of at least 50
feet between the SAS and a curtain drain [Site constraints permit only an
18 foot separation.] .
As part of its approval, the Department will require that the following conditions
be complied with or this approval shall be rendered null and void:
0 Because of limited area and soil conditions of the property in which the SAS
will be constructed, the Department requires that the proposed septic tank
205a Lowell St 0 R'ihnington,Massachusetts 01887 0 FAX (978) 661-7615 0 Telephone (978) 661-7600 0 TDD#(978)661-7679
be constructed as a modified tight tank, as described in 310 CMR 15.261,
Title 5 of the State Environmental Code. A manual shutoff valve shall be
constructed between the septic tank and the distribution box.
0 The North Andover Board of Health must be notified, within 24 hours, of any
component or system failure. At this time, the shutoff valve shall be
utilized and the septic shall be converted to a tight tank. The North
Andover Board of Health will then decide what further action may be
required.
0 Approval of the proposed system also is conditioned upon the recording in
the appropriate registry of deeds of a notice that discloses the existence
of this alternate system and the involvement of the Department in the
approval of the sewage disposal system.
0 Approval of the variance for the reduced setback between the curtain drain
and the SAS must be obtained from the North Andover Board of Health.
e Prior to construction, the applicant must obtain a Disposal System
Construction Permit (DSCP) from the North Andover Board of Health.
The system is not designed to accommodate a garbage disposal. As such, one
should not be neither installed nor used at this dwelling.
0 It is the applicant's responsibility to assure that the approved plans are
available at the site during construction.
It is the opinion of the Department that the requirements for the granting of the
variances as specified at 310 CMR 15.412 have been satisfied. The enforcement of the
provisions of the Code from which a variance is being sought would do manifest injustice
and the applicant has proved to the Department's satisfaction that the same degree of
environmental protection required under Title 5 can be achieved without strict application
of the subject provision. The following paragraph outlines the Department's findings
relative to manifest injustice and equal environmental protection as they relate to the
variances, those granted by the North Andover Board of Health, which the Department hereby
approves.
The site, limited by size and soil conditions, has a high level of groundwater
which requires the use of a curtain drain to intercept and redirect seasonal high
groundwater. In addition, there is severe slope conditions from the property lines. The
State Environmental Code allows the granting of a variance for less than the required four
foot separation of the bottom of the SAS and the estimated high groundwater. The Code
also allows the setback requirement of the curtain drain and SAS be decreased. The plan
also depicts the high slopes of the property, from the property line to the proposed SAS,
and that these slopes are in excess of 25 to 30 percent. The area from the property line
to the proposed SAS was judged as unusable and that a decrease of 25%- in the required area
of the SAS was necessary. Based on this information, the Department has concluded that
to deny these variances would be manifestly unjust and that the applicant has provided
equal environmental protection.
If you have any questions or additional information is required, please contact
George A. Kretas at (978) 661-7744.
Sincerely,
Madelyn Morris
Deputy Regional Director
Bureau of Resource Protection
mm/gak
CC: - Board of Health, 30 School Street, North Andover, MA 01845
- Benjamin C. Osgood, Jr. , New England Engineering Services, Inc. ,
33 Walker Road, Suite 23, North Andover, MA 01845
April 10, 1998 t;
Sandra Starr, Health administrator
North Andover Board of Health
30 School Street
North Andover, MA 01845
Dear Sandra:
Enclosed are copies of all of the information that was sent to the department of environmental
protection regarding the request for a variance at 767 Johnson Street. This information is being
sent to you for your file.
If you have any questions please do not hesitate to contact this office.
Sincerely,
Benjamin C. Osgood, Jr., EIT
president
33 WALKEF RD. - SUITE 22 --- NOR IT-1 ANDOVER, MA 01845 (508) 686-1768
Town of North Andover NORTH
OFFICE OF 3�°•,"`� °.e o L
COMMUNITY DEVELOPMENT AND SERVICES A
30 School Street " s
North Andover,Massachusetts 01845 �gSSACHUS���h
WILLIAM J. SCOTT
Director
March 2, 1998
New England Engineering, Services, Inc.
33 Walker Road, Suite 22
North Andover,MA 01845
RE: 767 Johnson Street,North Andover
Dear Mr. Osgood:
This letter is to confirm that the North Andover Board of Health at their regularly scheduled
meeting on February 26, 1998 granted two variances for the proposed septic repair at the property at 767
Johnson Street. These two variances allow the decrease in separation between the bottom of the septic
system and the water table of four feet to three feet, and a reduction of 25%in the size of the leaching area.
The applicable Title 5 references are 310 CMR 15.212(a) and 310 CMR 15.242(1),respectively.
If you have any questions, or need any other assistance,please do not hesitate to call the Health
Department.
Sincerely,
Sandra Starr,R.S.
Health Administrator
Cc: David Solomon
William Scott,Dir. CD&S
File
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
NEW ENGLAND ENGINEERING SERVICES
INC
North Andover Board of health
30 School Street
North Andover, MA 01845
Re: 767 Johnson Street variances request
Dear Mr. Chairman:
Please accept this letter as a formal request for a variance to the provisions of the state
sanitary code Title 5. The request is being made for a proposed design for a repair at 767
Johnson Street. The variances being requested are as follows:
1. Reduction in the required minimum vertical separation distance between the
bottom of the stone underlying the soil absorption system and the water table
from the required four feet to three feet. This is a variance of Title 5 section
15.212(a).
2. Reduction of the required soil absorption system area that will result in a
higher than allowed effluent loading rate. The required fluent loading rag loading Oil
0.15 gallons per square foot per day. The requested
gallons per square foot per day. This results in a soil absorption system that is
reduced in size by 25%. This is a variance to Title 5 section 15.242(1).
These requests were previously made in a letter dated February 4, 1998. This office is
notifying the abutters of a hearing for these requests on February 26, 1998 at 7:00 P.M. in
the Town Hall library meeting room.
If you have any questions please do not hesitate to contact this office.
Yours truly,
Benjamin C. Osgood, Jr., EIT
33 WALKER RD. - SUITE 22 - NORTH ANDOVER, MA 01845 - (508) 686-1768
NEW ENGLAND ENGINEERING SERVI S
INC
Joseph and Mary Ellen Kennedy
777 Johnson Street
North Andover, MA 01845
Re: Abutters notice for 767 Johnson Street variances request
Dear Joseph and Marry Ellen Kennedy:
Please accept this letter as a formal notification of a public hearing regarding the request of Lisa
and David Solomon for variances to the provision of the state sanitary code Title 5. The request is
being made for a proposed design for a septic system repair at 767 Johnson Street. The variances
being requested are as follows:
1. Reduction in the required minimum vertical separation distance between the bottom
of the stone underlying the soil absorption system and the water table from the
required four feet to three feet. This is a variance of 310 CMR 15.212(a).
2. Reduction of the required soil absorption system area that will result in a higher than
allowed effluent loading rate. The required effluent loading rate is 0.15 gallons per
square foot per day. The requested effluent loading rate is 0.2 gallons per square foot
per day. This results in a soil absorption system that is reduced in size by 25%. This
is a variance to 310 CMR 15.242(1).
There will be a public hearing to discuss these requests at a meeting of the North Andover Board
of health on February 26, 1998 at 7:00 P.M. in the Town Hall library meeting room.
The applicant shall demonstrate to the Board that:
A) that enforcement of the provisions of 310 CMR 15.00 from which a variance is sought would
be manifestly unjust, considering all the relevant facts and circumstances of the individual
case; and
B) a level of environmental protection at least equivalent to that provided under 310 CMR 15.00
can be achieved without strict application of the provisions of 310 CMR 15.00 from which a
variance is sought.
If you have any questions please do not hesitate to contact this office.
Yours truly,
'6 ea
Benjafhin C. Osgood, Jr., EIT
33 WALKER RD. - SUITE 22 - NORTH ANDOVER, MA 01845 - (508) 686-1768
d'
NEW ENGLAND ENGINEERING SERVICES
INC
Greater Lawrence community antenna Inc.
C/O Media One
180 Greenleaf Ave.
Portsmouth,NH 03801
Re: Abutters notice for 767 Johnson Street variances request
Dear Sirs:
Please accept this letter as a formal notification of a public hearing regarding the request of Lisa
and David Solomon for variances to the provision of the state sanitary code Title 5. The request is
being made for a proposed design for a septic system repair at 767 Johnson Street. The variances
being requested are as follows:
1. Reduction in the required minimum vertical separation distance between the bottom
of the stone underlying the soil absorption system and the water table from the
required four feet to three feet. This is a variance of 310 CMR 15.212(a).
2. Reduction of the required soil absorption system area that will result in a higher than
allowed effluent loading rate. The required effluent loading rate is 0.15 gallons per
square foot per day. The requested effluent loading rate is 0.2 gallons per square foot
per day. This results in a soil absorption system that is reduced in size by 25%. This
is a variance to 310 CMR 15.242(1).
There will be a public hearing to discuss these requests at a meeting of the North Andover Board
of health on February 26, 1998 at 7:00 P.M. in the Town Hall library meeting room.
The applicant shall demonstrate to the Board that:
A) that enforcement of the provisions of 310 CMR 15.00 from which a variance is sought would
be manifestly unjust, considering all the relevant facts and circumstances of the individual
case; and
B) a level of environmental protection at least equivalent to that provided under 310 CMR 15.00
can be achieved without strict application of the provisions of 310 CMR 15.00 from which a
variance is sought.
If you have any questions please do not hesitate to contact this office.
Yours truly,
BenW' min C. Os?od, Jr., EIT
33 WALKER RD. - SUITE 22 - NORTH ANDOVER, MA 01845 - (508) 686-1768
NEW ENGLAND ENGINEERING SERVICES
INC
Veronica Mandry
219 Summer Street
North Andover, MA 01845
Re: Abutters notice for 767 Johnson Street variances request
Dear Veronica Mandry:
Please accept this letter as a formal notification of a public hearing regarding the request of Lisa
and David Solomon for variances to the provision of the state sanitary code Title 5. The request is
being made for a proposed design for a septic system repair at 767 Johnson Street. The variances
being requested are as follows:
1. Reduction in the required minimum vertical separation distance between the bottom
of the stone underlying the soil absorption system and the water table from the
required four feet to three feet. This is a variance of 310 CMR 15.212(a).
2. Reduction of the required soil absorption system area that will result in a higher than
allowed effluent loading rate. The required effluent loading rate is 0.15 gallons per
square foot per day. The requested effluent loading rate is 0.2 gallons per square foot
per day. This results in a soil absorption system that is reduced in size by 25%. This
is a variance to 310 CMR 15.242(1).
There will be a public hearing to discuss these requests at a meeting of the North Andover Board
of health on February 26, 1998 at 7:00 P.M. in the Town Hall library meeting room.
The applicant shall demonstrate to the Board that:
A) that enforcement of the provisions of 310 CMR 15.00 from which a variance is sought would
be manifestly unjust, considering all the relevant facts and circumstances of the individual
case; and
B) a level of environmental protection at least equivalent to that provided under 310 CMR 15.00
can be achieved without strict application of the provisions of 310 CMR 15.00 from which a
variance is sought.
If you have any questions please do not hesitate to contact this office.
Yours truly,
4Zn C. Osgo d, Jr., EIT
33 WALKER RD. - SUITE 22 - NORTH ANDOVER, MA 01845 - (508) 686-1768
NEW ENGLAND ENGINEERING SERVICES
INC
March 31, 1998
Massachusetts Department of Environmental Protection
Water Pollution Control
10 Commerce Way
Woburn, MA 01801
Dear Sirs:
Enclosed with this letter is an application for an approval of a local variance to Title 5. The
property in question is located at 767 Johnson Street,North Andover, MA.
A complete application is enclosed outlining the two variances being requested. In short DEP is
being asked to allow a groundwater offset variance combined with a size reduction variance. Each
of the requests is allowed singly as a local upgrade approval, however the combination of the two
requires that DEP approve the local variance.
The reason for the request is that the site is not large enough to accommodate the proper size
system with the proper groundwater offset. It should be noted when looking at the plans that the
large area behind the house slopes upward to the property line with slopes in excess of 25 to 30
percent,thus precluding this area as being usable for a subsurface disposal system.
If any additional information is needed please do not hesitate to contact this office.
Yours truly,
D29
Benjamin C. Osgood, Jr., EIT
President
33 WALKER RD. - SUITE 22 - NORTH ANDOVER, MA 01845 - (508) 686-1768