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HomeMy WebLinkAboutCorrespondence - 155 BOSTON STREET 5/3/2016 North Andover Health Department Community and Economic Development Division September 15, 2015 Stewart Allen 155 Boston Street North Andover, MA 01845 Dear Mr. Allen, Please be advised that you have been placed on the September 24, 2015 Board of Health agenda, for the purpose of consideration of action to be taken for continued violation of the MA DEP Environmental code. The subsurface disposal system at 155 Boston is in failure and has been since the property was purchased in December of 2003. The Health Department has been working with you for over a decade to have this system repaired. You have engaged an engineer, there has been soil testing and two separate septic designs completed and approved for installation at 155 Boston Road. This is a significant investment by you. As you are aware, the permit extension act allowed the septic plan approval for 155 Boston Street to be extended to September 2015. Unfortunately, the system has not been installed to date and the Board must determine if there is sufficient evidence to; - issue of a monetary fine - Require alteration of the onsite system to prohibit effluent from entering the leaching area; such as requiring the placement of a high water alarm in your tank and plugging the outlet of the tank itself, which would make it a "tight tank". - take legal action At the meeting on September 20', you will be given the opportunity to provide evidence or explain such to the board to explain why you have not complied with the requirements of the state code. The meeting commences at 7:00 and will be held at the North Andover Town Hall at 120 Main Street; 2"'Floor selectmen's conference room. Sincerely, Xc: File 1600 Osgood Street,Unit 2035,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com Grant, Michele From: Benjamin Osgood <beno @ttienv.com> Sent: Tuesday, October 06, 2015 12:55 PM To: Grant, Michele; 'martin @avproworldwide.com' Cc: Hadge, Lisa Subject: RE: 155 Boston Street Michele, That is understood and is what I consider the as built will show. ben BENJAMIN C. OSGOOD,Jr. Director of Engineering TTI ENVIRONMENTAL, XN ., Engineering Division 13 Branch Street,Suite 111 93 Stiles Road,Suite 201 Methuen, MA 01844 Salem, NH 03079 Office: 978-749-9929 x 75 Office: 603-226-1950 Direct:978-296-2575 Fax:603-226-3235 Mobile: 978-435-1324 Fax: 978-749-9920 www.ttienv.com I beno 0 ttienv.conj Piwviciing Deciicrrted Sef-vice to Gut-Clients Since 1985 A SERVICE DISABLED VETERAN OWNED SMALL BUSINESS(CVE Verified) Note:This message originates from TTI Environmental,Inc. It contains information that may be confidential or privileged and is intended for the individual or entity named above. It is prohibited for anyone else to disclose,copy,distribute,or use the contents of this message. If you received this message in error,please notify the sender at once at:bent.@!tien_vLcorn or Benjamin Osgood a 978-749-9929 ext.75. From: Grant, Michele [rnailto:M ray I Lt�Lvy c�frtorkhaiidov rori,i] Sent:Tuesday, October 06, 2015 12:54 PM To: Benjamin Osgood <b no- ier vmcc,m>; 'martin@avproworldwide.com'<mi�rtinf.�K,,IV i�e tuc�rlc uiwe cwwccarr > Cc: Hadge, Lisa <litacctaarnar�pfrcartEarr dove r.ccrn> rn Subject: RE: 155 Boston Street Ili Ben, You will also need to Shoot the elevations and confirm that it's to plan as well as consultation if any problems occur. In others words, the project needs complete oversight. Thank you Michele E.Grant Public Health Agent Town of North Andover 1600 Osgood St I Suite 2035 1 Grant, Michele From: Dan Ottenheimer <dano @millriverconsulting.com> Sent: Monday, November 23, 2015 4:47 PM To: Grant, Michele Subject: Property lines Michele, Section 220 of Title 5 specifies the contents of what must be on the design plan. • Subsection 4 D calls for the depiction of the legal boundaries of the lot. • Subsection 3 is the only part of Title 5 that I am aware of that speaks to needing a reference to a plan of land prepared by a surveyor, and that is limited only to instances where a property line setback is being requested. hope the above helps. Also, for what it is worth,there was a situation about 6 or 8 years ago like this for which the Town did hire us and our surveyor to figure out the property boundaries. I am not sure there is a desire or the finances to make it happen again in this instance, but I did want to apprise you of that fact. Good luck. Dan . .]. . ' , consulting Daniel Ottenheimer, President Mill River Consulting, Inc. 6 Sargent Street Gloucester, MA 01930-2719 978-282-0014 x 802 www.millriverconsultin corn danoCc millriverc;ons ilting.com Member: Massachusetts Association of Onsite Wastewater Professionals, Massachusetts Environmental Health Association, Cape Ann Chamber of Commerce, New England Water Environment Association 1 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 15,216, continued (b) A Facility Aggregation Plan shall be deemed to be approved by the Department if, within 60 days from a determination of administrative completeness,the Department has not, in writing: 1, requested additional information from the applicant which may include,but is not limited to, additional measures the Department deems appropriate to protect public health,safety,welfare or the environment;or 2. granted a written approval,which may include any conditions the Department deems appropriate to protect public health,safety,welfare or the environment;or 3. denied approval, In the event the Department requests additional information from the applicant,a new 60 day constructive approval period shall commence upon receipt of the additional information. 15.217: Systems with Enhanced Nitrogen Removal (1) The nitrogen loading limitations established in 310 CMR 15,214 shall not apply to discharge of an effluent meeting the federal Safe Drinking Water Act nitrate standard of 10 ppm through either an approved alternative system or a treatment works with a groundwater discharge permit issued pursuant to 314 CMR 5.00 and 6.00(groundwater discharge program), (2) An increase in calculated allowable nutrient loading per acre may be allowed with the use of a technology approved for enhanced nutrient removal pursuant to either the piloting, provisional or general use certification provisions in 310 CMR 15.281 through 15,288 as illustrated by the following example: Recirculating Sand Filter 550 gpd/acre In the event that the Department determines that a system approved for enhanced nutrient removal using a technology approved by the Department on a piloting or provisional basis pursuant to 310 CMR 15.285 and 15.286 respectively is not performing in accordance with the Department's approval,the Department may require the system owner to instead use an enhanced nutrient removal technology that has been certified for general use by the Department. The increased design flow allowed reflects the nutrient removal performance of the approved technology compared to a standard system otherwise described in 310 CMR 15,100 through 15.293. A system receiving a design flow credit for enhanced nutrient removal pursuant to 310 CMR 15,217 must still comply with the requirements of 310 CMR 15,100 through 15.293 with respect to system siting and design; the credit does not affect any other siting or design requirement, 15.220: Preparation of Plans and Specifications The plans and specifications for every on-site system shall be prepared as follows: (1) Every system shall be designed by a Massachusetts Registered Professional Engineer or a Massachusetts Registered Sanitarian provided that such Sanitarian shall not design a system to discharge more than 2,000 gallons per day pursuant to 310 CMR 15.203. Any other agent of the owner may prepare plans for the repair of a system designed to discharge not more than 2,000 gallons per day pursuant to 310 CMR 15.203 provided they are reviewed by a Massachusetts Registered Sanitarian or Massachusetts Registered Professional Engineer and approved by the Approving Authority; (2) Every plan submitted for approval must be dated and bear the stamp and signature of the designer. At least one copy submitted shall bear the original stamp and signature of the designer, (3) Every plan for a new system or plan for the upgrade or expansion of an existing system which requires a variance to a property line setback distance,must also reference a plan which bears the stamp and signature of a Massachusetts Licensed Land Surveyor in accordance with M.G.L.c. 112;§ 81D; 4/21/06 310 CMR-516 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 15.220: continued (4) Every plan for a system shall be of suitable scale(one inch=40 feet or fewer for plot plans and one inch=20 feet or fewer for details of system components)and shall include depiction of: (a) the legal boundaries of the facility to be served; (b) the holder and location of any easements appurtenant to or which could impact the system; (c) the location of all dwelling(s)and building(s)existing and proposed on the facility and identification of those to be served by the system; (d) the location of existing or proposed impervious areas,including driveways and parking areas; (e) location and dimensions of the system(including reserve area); (f) system design calculations,including design daily sewage flow, septic tank capacity (required and provided); soil absorption system capacity (required and provided); and whether system is designed for garbage grinder; (g) North arrow and existing and proposed contours; (h) location and log of deep observation hole tests including the date of test,existing grade elevations marked on each test, and the names of the representative of the Approving Authority and soil evaluator; (i) location and results of percolation tests including the date of test and the names of the representative of the Approving Authority and soil evaluator; 0) name and approval date of the Soil Evaluator of record; (k) location of every water supply,public and private, 1. within 400 feet of the proposed system location in the case of surface water supplies and gravel packed public water supply wells, 2. within 250 feet of the proposed system location in the case of tubular public water supply wells,and 3. within 150 feet of the proposed system location in the case of private water supply wells; (1) any surface waters of the Commonwealth,Zone As,rivers,bordering vegetated wetlands, salt marshes, inland or coastal banks, regulatory floodway, velocity zone, surface water supplies,tributaries to surface water supplies,certified vernal pools,private water supplies or suction lines,gravel packed or tubular public water supply wells,and subsurface drains located up to 100 feet beyond the setback distances in 310 CMR 15.211,any leaching catch basins and dry wells located up to 25 feet beyond the setback distances in 310,CMR 15211; and the location of any nitrogen sensitive area identified in 310 CMR 15.215 within which any portion of the facility or the proposed system is located as well as any nitrogen sensitive area up to 100 feet beyond any property line of the facility. (m) location of water lines and other subsurface utilities on the facility; (n) observed and adjusted ground-water elevation in the vicinity of the system; (o) a complete profile of the system; (p) a note on the plan listing all variances to the provisions of 310 CMR 15.000 sought in conjunction with the plan; (q) the location and elevation of one benchmark within 50 to 75 feet of the system components which is not subject to dislocation or loss during construction on the facility; (r) when pressure distribution or dosing is proposed,complete design and specifications of the distribution system proposed including but not limited to dosing chamber capacity (required and provided),pump curves and specifications,number of dosing cycles and depth per cycle; (s) when a Recirculating Sand Filter or equivalent alternative technology is required or proposed,a complete plan and specifications for the system,including a hydraulic profile; (t) a locus plan to show the location of the facility including the nearest existing street; (u) the street number and lot number,if any,and the tax map number and lot number,if any, of the facility;and (v) the materials of construction and the specifications of the system. 15,221: General Construction Requirements for All System Components (1) All tanks,including septic tanks,distribution boxes,pump chambers,dosing chambers and grease traps,shall be either: (a) watertight through manufacturer's specification and warranty;or (b) made watertight by the manufacturer,equipment supplier or installer using asphalt or synthetic polymer sealer specified by the concrete or synthetic material manufacturer. 4/21/06 310 CMR-517 Grant, Michele To: martin @avproworldwide.com Subject: 155 Boston Street Attachments: 201509151448. df• 201509151132. df � ? c , Dear Mr. Alen Attached, please find a letter indicating options for your septic System.The Board of Health Meeting takes on September 24th, 2015 at the Town Hall on Main St. at 7:OOpm, on the second floor in the selectmen's room. Also attached is a list of the Licensed Town Installers as well as list of the licensed Engineers. Please, if you have any further questions, I can be reached at phone number below. Many Thanks Michele E. Grant Public Health Agent Town of North Andover 1600 Osgood St I Suite 2035 North Andover, MA 01845 Phone 978.688.9540 Fax 978.688.8476 Email errant towriofnorthandover.comin Web www.TownofNorthAndover.coirn -----Original Message----- From: riore y townofnortharidover coiii [mailto:n reply townofnorthandover.com] Sent: Tuesday, September 15, 2015 2:40 PM To: Grant, Michele Subject: Message from "ComDev-Health-Ricoh" This E-mail was sent from "ComDev-Health-Ricoh" (Aficio MP C3002). Scan Date:09.15.2015 14:40:17 (-0400) Queries to: no [cDtownofnorthandover.coi77 1 4' North Andover Health Department fommunity Development Division October 23, 2014 Stewart Allen 155 Boston Street North Andover, MA 01845 Dear Mr. Allen, The Health Department recently received complaints of odors within the vicinity of your property. As you are aware, the permit extension act allowed the septic plan approval for 155 Boston Street to be extended to September 2015. This extension would not apply if it is found that your system is causing any nuisance or hazard due to overflow of the system. Your file shows that your system was pumped in October of 2013, and that it was "over full". This information supports that you may be in active failure. Please have your tank pumped immediately. It appears that this system will need continual monitoring and pumping. Please submit an agreement between you and a septic pumper, noting that you will have it pumped monthly or as needed. It would be the preference of this office that you pursue the actual repair of the system rather than spend finances on tank pumping, however the pumping will alleviate the environmental hazard if one exists. If you have contracted with a licensed installer to get this system repaired, please submit proof of when this installer is planning on doing the installation. I appreciate your anticipated compliance; however, if voluntary pumping of your system does not occur, this matter will be placed on the agenda of the Board of Health for discussion. The BOH could consider requiring the placement of a high water alarm in your tank and plugging the outlet of the tank itself, which would make it a"tight tank". Sincerely, Susan Y. Sawyer, REHS/RS Public Health Director Xc; File 1600 Osgood Street,Bldg 20 Unit 2035,North Andover,Massachusetts 01845 Phone 978.688.9540 Fox 978.688.8476 Web www.townofnorthandover.eom Sti ' s° M � � ') : , � aFt1��a v PI 155 Boston St. North Andover, MA 01845 Sept 4"'. 2012 To: Ms. Susan Sawyer. Ms. Saywer, Thank you for your most recent correspondence regarding the septic system at the above address. Your comments and instructions have been duly noted. Attached find copy of the most recent receipt for pumping the system, for your files. We have already spoken with the Soucy Company and are making arrangements to have it pumped again within the next few weeks. Thank you for your assistance with this matter. Cordially, Stewart J Allen. is nwr�� 1114r j����k m DATE of sERv I E INVOICE COMPLETE EU SEWER SERVICE CUSTOMER NAME E3ILL __.__.., F_SS a ING ADDR .... (. 4.... "•,ir,.. I r CITY STATE ZIP PHONE: '� ���� 800-541 -9379 JOB ADDRESS IF DIFFERENT THAN BILLING ADDRESS ADDRESS STATE ZIP DESCRIPTION OF WORK 4611JUM POP", SFP 1 IC TANK GALS'"(' ��, ❑ CESS 5OOL D OVERALL SYSTEM 'E DRYWELL ❑ BASEMENT ❑ FAILED SYSTEM COMMENTS TERMS OF PAYMENT TYPE OF S RVF ICE _ TAX EXEMPT CASH El RESICOMM I, r° TA> ,•'' INDUSTRIAL❑ TOTAL $ CHECK ( `' CHARGE ❑ PLUMBING ❑ JOB COMPLETION This is to acknowledge completion of the above des(ribed work which has been done to my complete satisfaction.We will assume no responsibility for any damage made to sprinkler,lawn,bush,driveway,curb or walkway.The customer signing below assumes all responsibility for payment in full,al)ng with any collection or reasonable attorney fees on outstandin balances, All accounts will ac;rue interest at 1.5%per month, 1 B%annually from due date. r r , )STOMER SIGNATU F SERVICEMAN'S NAME r Sys/6, I DATE OF SERVICE COMPLETE SEWER-SEPTIC SERVICE INVOICE 78 N. Broadway(Rt. 28), Salem, NH 03079 -/ CUSTOMER NAME Serving MA & NH BILLINGADDRESS CITY STATE ZIP PHONE: '� Come visit us at JOB ADDRESS IF DIFFERENT THAN BILLING ADDRESS ADDRESS STATE ZIP C Wr.0 DESCRIPTION OF WORK NM 1 r7 VACUUM PUMP El.,SEPTIC TANK GALS.r,' , ,_❑ CESSPOOL" ❑ OVERALL SYSTEM ❑ DRYWELL ❑ BASEMENT ❑ FAILED SYSTEM COMMENTS Ce TERMS OF PAYMENT TYPE OF SERVICE TAX EXEMPT CASH ❑ RES/COMM 0 TAX INDUSTRIAL❑ _.�. CHECK El CHARGE 0/' PLUMBING ❑ TOTAL JOB COMPLETION This is to acknowledge completion of the above work which has been done to my satisfaction.We will assume no responsibility for any damage made to sprinkler, lawn, bush, driveway, curb or walkway.Any form of payment provided by the customer constituj_es a binding signature of this invoice and assumes all responsibility for payment in full, along with any collection or reasonable attorney fees on outstanding balances. t - , 1 r DATE CUSTOMER SIGNATURE SERVICEMAN'S NAME �,SEKT�U��c; • • North Andover Wealth Department Community Development Division September 30, 2011 Martin Allen 155 Boston Street North Andover, MA 01845 RE: Subsurface Sewage Disposal System Plan for 155 Boston Street,Man 107A, lot 226, North Andover,Massachusetts Dear Property Owner, The North Andover Board of Health has completed the review of the septic system design plans for the above referenced property, submitted on your behalf by Richard Tangard, P.E., dated July 25, 2011, last revised September 19,2011. The design has been approved for use in the construction of a replacement onsite septic system for a three -bedroom(seven room total) design at 330 gallons per day. Generally this plan would be good for three (3)years from the date of approval, however since this repair is the result of a Title V report failure,this system must be completed within one (1)year. During this time, a licensed septic system installer must obtain a permit and complete this work, and a Certificate of Compliance be endorsed by the installer, designer and the Town of North Andover. In the event an imminent health problem such as sewage backup into the dwelling is occurring,the North Andover Board of Health may reduce the time period for which this plan is valid.Note that the 2011 septic season will close November 30, 2011. No permits will be given out after November 15, 2011. This includes the approval of local upgrades 1) This plan includes a local upgrade approval allowing a single test pit within the system area rather than two test pits. Please retain the included form 9B for your records. 2) A reduction in offset distance between a foundation and a leach bed from 20 feet to 17 Page 1 of 2 North Andover Health Department, 1600 Osgood Street, Building 20, Suite 2-36, North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.8476 155 Boston Street September 30, 2011 3) A reduction in offset distance between the bottom of the leach field and the water table from 4 feet as required to 3 feet. This approval is also subject to the following conditions: 1. If site conditions are found in the field to be different from those indicated on the design plan and/or soil evaluation,the originally issued Disposal System Construction Permit is void, installation shall stop, and the applicant shall reapply for a new Disposal Systems Construction Permit(3 10 CMR 15.020(1)). 2. It is the responsibility of the applicant and/or the applicant's septic system designer, septic system installer or other representative to ensure that all other state and municipal requirements are met. These may include review by the Conservation Commission, Zoning Board,Planning Board, Building Inspector, Plumbing Inspector and/or Electrical Inspector. The issuance of a Disposal System Construction Permit shall not construe and/or imply compliance with any of the aforementioned requirements. Your effort to provide a properly functioning septic system for your dwelling is greatly appreciated. The Health Department may be reached at 978-688-9540 with any questions you might have. Sincerej) tlsan Y. Sawy , REH5f S r Public Health' irector cc: Richard Tangard, P.E. file encl: DEP form 9b Page 2 of 2 North Andover Health Department, 1600 Osgood Street, Building 20, Suite 2-36, North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.8476 Commonwealth of Massachusetts City/Town of Local Upgrade Approval J' Form 913 DEP has provided this form for use by local Boards of Health if they choose to do so. The Local Upgrade Approval is to be completed by the local Board of Health and a signed copy provided to the system owner. A. Facility Information Important:When filling out forms 1. Facility Name and Address on the computer, use only the tab Martin Allen key to move your Name cursor-do not 155 Boston Street use the return key. Street Address North Andover MA 01845 rQ City/Town State Zip Code 2. Owner Name and Address (if different from above): Name Street Address City/Town State Zip Code Telephone Number 3. Type of Facility(check all that apply): ® Residential ❑ Institutional ❑ Commercial ❑ School 4. Design flow per 310 CMR 15.203: 330 gpd 5. System Designer: Richard Tangard ® PE ❑ RS Name 33 Pillings Pond Road Lynnfield MA 01941 Address City/Town State,ZIP B. Approval 1. Local Upgrade Approval is granted for: ❑ Reduction in setback(s)—specify: ❑ Reduction in SAS area of up to 25%: SAS size,sq.ft. %reduction 155 Boston Street form 9b 9.28.11.doc•rev.7/06 Local Upgrade Approval, Page 1 of 2 Commonwealth of Massachusetts City/Town of Local Upgrade Approval a e , Form 913 B. Approval (continued) ❑ Reduction in separation between the SAS and high groundwater: Separation reduction 1 ft. Percolation rate min./inch Depth to groundwater 3 ft. ❑ Relocation of water supply well (explain): ❑ Reduction of 12-inch separation between inlet and outlet tees and high groundwater ® Use of only one deep hole in proposed disposal area ❑ Use of a sieve analysis as a substitute for a perc test List local variances granted not requiring DEP approval per 310 CMR 15.412(4): To allow use of test pits over 2 years old. List variances granted requiring DEP approval: North Andover Health Dept Approving Authority Susan Sawyer, Health Dir. ,, 9/30/11 Print or Type Name and Title r` Sjgnature Date 155 Boston Street form 9b 9.28.11.doc•rev.7/06 Local Upgrade Approval, Page 2 of 2 � | De|leChiaie Pamela � From: DelleChiaie. Pameka Sent: Fhday, September 30. 2011 2:39 PyW To: Sawyer, Susan Subject: RE: 155 Boston Hi Susan, � Heidi told mc today that she went to the 1.55 Boston Street abc, and it was really inoist in the area heading into the wetland but before the actual.wetland. She did not acocll any`^efflDcot" so she said itcould have been high groundwater, but not[00q/o Sore. |DSt FY[ aG you were looking for her[cedbaClc. The file imio the septic drawer if ou need� c� . Feat Reqm4, Pammela De8eCliiaie � From: Sawyer, Susan / Sent: Wednesday, September 28, 20114:03 PIVI To: DeUeChiaie, Pamela Subject: 15S Boston Just another note to you, from me about 155 Boston in case | h»rBeL | have the draft approval letter ready and have the form 9b in progress. � � Hopefully Heidi will say that the owner does not have to apply to Conservation or does not have to hire someone to � reOa8 the wetland. |f she says yes,to either of those,this project will end up dead again. —. Thx S ��� � ���mw� �mwyvt Add-oWuaetfi.91xd" � 160OVogmx/Steet J'3Wu20,mdt 2~36 i JYwd8Cbu/oumx /N<I0yV45 ufficu978 688-954V &za,qJ8688~Y476 All email messages and attached content sent from and to this email account are public records unless qualified as an exemption under the [ ]Massachusetts Public Records Law. Please noto tho Rnssaclrusotts socrotary of State's office has determined that Inost emails to and fioni n-ruiddIxal Offices and Officials aro public lecords. For 111orc information please refer to: p|oa*consider/»eonwmnmon/uofomponung this amai|. 1 � � DelleChiaie, Pamela From: Sawyer, Susan Sent: Wednesday, September 28, 2011 2:22 PM To: 'rctang 100 @hotmail.com' Cc: DelleChiaie, Pamela Subject: RE: Septic- 155 Boston Street, North Andover, MA 01845 - Plan Review Disapproval Hello Dick, I received your revision. 1) 1 just spoke with Heidi, from Conservation, she had not spoken to you or gone to the property yet. She will drive by tomorrow. 2) 1 may have found an error that was missed. It is riot a big one,just a number error. In the Design data box; septic tank required 200%daily flow(440 gal should be 330 gal and total 880 would be 660) Let's wait to see what conservation says before you bother changing and reprinting. I would hate to kill a tree for a single#change when I could just change it with a pen. (Otherwise it all looks good. Thanks Susan From: DelleChiaie, Pamela Sent: Friday, September 02, 20113:55 PM To: 'rctang100 @hotmail.com' Cc: Sawyer, Susan Subject: Septic - 155 Boston Street, North Andover, MA 01845 - Plan Review Disapproval Importance: High Hello Mr.Tangard, Attached.is a letter from Susan Sawyer regarding the Flan Review submission for a Septic System at 155 Boston Street,North Andover, MA. The plan is disapproved at this time. Please address the outstanding items and resubmit a revised plan at your earliest convenience for re-review. There is no charge for the revised. submission. Thank you. Feve R Pamela DelleChiaie Departmental Assistant I Community Development I Health Department Town of North Andover 1600 Osgood Street I Bldg 20 1 Suite 2-36 North Andover,MA 01845 Office-978-688-9540 C Fax-978-688-8476 I 'l Email ljdtrllt(hia'te,.r?to%vnof'Ai(,)rthasrclr»e~e coo Website _}?.ttla/hK)Ati tu�vaac7fnorllrlr,cicr�cl crttl7/1'tgc /xxclg,x 1111/^e can never see thk.*pdd`th obnlr lyi� (f wve eire too busYfiFC'u.ging on the,(1"'"bbl4's mBder(d6'r.leel."---. APConYIlb'flus Cc:floiiP4'owner Please tiole the Mas.,,ichtrsotts 8(L,(;reta1y of'State s office,has deterauire d lhrat Iriost efaails to aad froir)ifuniicipal office:,avid ofhrriOk Me;t)ukAG rrsr;oi(lS for 111010 ir7fcrriwation t)lerase refer to:http Wwww.sec.state,Ina.y„s/pre/pr€idx.htrn Please comider the etmhoiiiiie it Lwf'ore orilin 1 errnail. 1 DelleChiaie, Pamela WEEZEMMUMMEEM Pram: Sawyer, Susan Sent: Wednesday, September 28, 20114:03 PM To: DelleChiaie, Pamela Subject: 155 Boston Just another note to you, from me about 155 Boston in case I forget. I have the draft approval letter ready and have the form 9b in progress. Hopefully Heidi will say that the owner does not have to apply to Conservation or does not have to hire someone to reflag the wetland. If she says yes, to either of those, this project will end up dead again. .... Thx S , was SauWvt J uNk,7E"Oh`l7vxdwc 16VO(9aryaod Sbkm Xedg 2U,trait 2-3G ✓ nfft andrrwt,✓Via 09845 mice 978 688-954e fan;978 6884476 All email messages and attached content sent from and to this email account are public records unless qualified as an exemption under the [ http: www.sec.state»ma.us/pre/preidx.htm ]Massachusetts Public Records Law, Please note the Ma.,scachUsetts Secretary of State's office has determined that most e77alls to and from municipal offices and offu;ials afe public records,For more information please:refer to:http//www.sec.staten1n _, s/ re/preidx,htrt7,. Please consider the environment be Fore printing this email. 1 Richard C. Tangard 33 Pillings Pond Road Lynnfield, MA 01940 781334-5049 FAX: 781334-0115 9/20/2011 (North Andover Health Department 1600 Osgood Street I wC . , North Andover, MA 01845 Att: Susan Sawyer, Director Dear Ms Sawyer: Reference is made to your letter of September 2, 2011 relative to requested revisions to the proposed 155 Roston Street septic plan dated July 25, 2011. 5 copies of the revised plan dated 9/19/2011 are enclosed. All of the issues have been addressed and changes made with the exception of the possible Conservation Department concerns with the wetland line. Please advise status. would appreciate your approval as soon as possible as the owner would like to get this project completed prior to the onset of inclement weather. Sincerely, Richard C. Tangard Commonwealth of Massachusetts City/Town of Form liti nrcl Upgrade Approval r DEP has provided this form for use by local Boards of Health. Other forms may be used, but the information must be substantially the same as that provided here. Before using this form, check with your local Board of Health to determine the form they use. Form 9A is to be submitted to the Local Board of.Health for the upgrade of a failed or nonconforming septic system with a design flow of less than 10,000 gpd, where full compliance, as defined in 310 CMR 15.404(1), is not feasible, System upgrades that cannot be performed in accordance with 310 CMR 15.404 and 15.405, or in full compliance with the requirements of 310 CMR 15.000, require a variance pursuant to 310 CMR 15 410 through 15.415. NOTE: Local upgrade approval shall not be granted for an upgrade proposal that includes the addition of a new design flow to a cesspool or privy, or the addition of a new design flow above the existing approved capacity of an on-site system constructed in accordance wit e tie CMR 15.000, A. Facility Information f�j e'j f I " jT Important: when filling out 1. Facility Name and Address: 1"N fa NC NCf11"lt Aforms on the � ` "" U li /� mfEAL1l!AE11AIA f' computer,use only the tab key Name to move your cursor•do not Street Address key,the�relum 1Q,/)117-7* �- /V, — l� City[Town State Zip Code - 2. Owner Name and Address (if different from above): "v Name Street Address City/Tbwn Slate Zip Code Telephone Number 1 Type of Facility (check all that apply): 2 Residential ❑ Institutional ❑ Commercial ❑ School 4. Describe Facility: .3 /_1714�0Ec7d/pl 5. Type of Existing System: ❑ Privy ❑ Cesspool(s) [� Conventional ❑ Other (describe below): 6. Type of soil absorption system (trenches, chambers, leach field, pits, etc): 2 U /A/1=/A77Z,1 <fI` t5form9a.doc rev.7/06 Application for Local Upgrade Approval, Page i of 4 Commonwealth of Massachusetts City/Town of Form 9A ® Application for Local Upgrade Approval r DEP has provided this form for use by local Boards of Health. Other forms may be used, but the information must be substantially the same as that provided here. Before using this form, check with your local Board of Health to determine the form they use. A. Facility Information (continued) 7. Design Flow per 310 CMR 15.203: Design flow of existing system: 3 O — gpd Design flow of proposed upgraded system gpd Design flow of facility: gpd B. Proposed Upgrade of System 1. Proposed upgrade is (check one): Voluntary ❑ Required by order, letter, etc. (attach copy) ❑ Required following inspection pursuant to 310 CMR 15.301: date of inspection 2. Describe the proposed upgrade to the system: his i riU� rrrn -7-a /zo /N je77,- 3. Local Upgrade Approval is requested for(check all that apply): �] Reduction in setback(s)—describe reductions: ❑ Reduction in SAS area of up to 25%: SAS size, sq.ft. %reduction ❑ Reduction in separation between the SAS and high groundwater. Separation reduction ft ---- Percolation rate min./inch Depth to groundwater t5formga.doc-rev.7/06 Application for Local Upgrade Approval, Page 2 of 4 Commonwealth of Massachusetts CitylTown of Form 9A - Application for Local Upgrade pg ade Approval ' DEP has provided this form for use by local Boards of Health. Other forms may be information must be substantially the same as that provided here. Before using this foerm,but heckewith your local Board of Health to determine the form they use. Y r B. Proposed Upgrade of System (continued) ❑ Relocation of water supply well (explain): ❑ Reduction of 12-inch separation between inlet and outlet tees and high groundwater Use of only one deep hole in proposed disposal area ❑ Use of a sieve analysis as a substitute for a perc test ❑ Other requirements of 310 CMR 15.000 that cannot be met Code: —describe and specify sections of the If the proposed upgrade involves a reduction in the required separation between the bottom of the soil absorption system and the high groundwater elevation, an Approved Soil Evaluator must determine the member or agent high groundwater elevation pursuant to 310 CMR 15.405(1)(h)(1). The soil evaluator must be a 'of the local approving authority. High groundwater evaluation determined by: Evaluator's Name(type or print) SI nature g Date of evaluation C. Explanation Explain why full compliance, as defined in 310 CMR 15.404(1), is not feasible. (Each completed) section must b e 1. An upgraded system in full compliance with 3111 r'1.0 '4.000 is not feasible: 2. An alternative system approved pursuant to 310 CMR 15.283 to 15.288 is not feasible: t5form9a.doc•rev. 7/06 Application for Local Upgrade Approval, Page 3 of 4 Commonwealth of Massachusetts CitY/Town of Form 9A — Application for Local Upgrade Approval DEP has provided this form for use by local Boards of Health. Other forms may be used but e information must be substantially the same as that provided here. Before using this form, check with your local Board of Health to determine the form they use. C. Explanation (continued) 3. A shared system is not feasible: 4. Connection to a public sewer is not feasible: 5. The Application for Local Upgrade Approval must be accompanied by all of the following appropriate boxes): o wrng (check the Application for Disposal System Construction Permit Complete plans and specifications ❑ Site evaluation forms ❑ A list of abutters affected by reduced setbacks to private water supply wells or ro Provide proof that affected abutters have been notified pursuant to 310 CMR 15,405(2) lines. ❑ Other(List): D. Certification "I, the facility owner, certify under penalty of law that this document and all attachments, to the knowledge and belief, are true, accurate, and complete. I am award that there may be significant consequences for submitting false information, including, but not limited to, penalties or fine and/or of my imprisonment for deliberate violations." .� 2 Facility owner's Signature Date - Pnnt Name NA1� aC—� '2L'.l7 �r Preparers City ow State/ZIP Code Telephone t5form9a.doc•rev.7/06 Application for Local Upgrade Approval, Page 4 of 4 • i, lee� � "41iA„�s"4H!wrn9 North Andover Health Department Community Development Division September 2, 2011 Richard C. Tangard, P.E. 33 Pillings Pond Road Lynnfield, MA 01941 Re: 155 Boston Street,North Andover, MA 01845 - (MM I07.A—Lot#226) Dear Mr. Tangard: The proposed wastewater system design plan for the above site dated July 25, 2011 and received on August 23, 2011 has been reviewed. Unfortunately,the plan cannot be approved until the following items are corrected. The specific section in Title 5: 310 CMR 15.000, or North Andover regulation that is not met by this design follows each item where applicable. 1, Please provide a statement identifying whether the property is within or not within the Lake Cochichwick watershed(NA 3.2). 2. The following statement is required by the North Andover Board of Health: I certify the locations, elevations and ties shown on this plan result from an actual survey made on the ground. (NA 3.2) 3, An additional variance should be requested to perform only one deep hole per disposal area(3 10 CMR 15.405(k)). 4, A gas baffle should be installed on the outlet tee of the septic tank (3 10 CMR 15.227(4)). The distribution box should have H-20 loading (NA 3.2). 5. The wetland line is over 10 years old. A copy of the plan has been provided to the Conservation department and they will do some investigation. Considering that the existing tank is in the 100 feet and the line has not been recently flagged, there will be at minimum the need to contact Conservation for direction in this matter. (Heidi Gaffney, Conservation Associate 978 688-9530) Page 1 of 2 North Andover l;lealth Depar(inent, 1600 Osgood street, Building 20, Suite 2-36,, North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.8476 6. Groundwater is assumed to follow the contour of the land unless proved differently; the groundwater table was established at 48 inches in TP-1. As designed the southeasterly side of the leaching field does not have the required/requested 4 feet of separation; it appears to be about 2 feet. Please provide the required/requested groundwater separation for the entire soil absorption system or perform more soil testing and provide explanation to establish the groundwater table near Boston Street. Please feel free to contact the office with any questions you may have. We look forward to working with you to obtain a wastewater treatment and dispersal system which will be in compliance with all regulations and assure protection of public health and the environment of North Andover. Sincerely) n Y. Saw a y RE HS/RS S s er Public Health Director cc: Richard C. Tangard, Engineer—rccttagg I(L)(j)hotmail.con7 Homeowner—Martin T. Allen(Stewart Joseph Allen-Assessor's) .... Page 2 of 2 North Andover 1lealth Departnierit, 1600 Osgood Street, Building 20, Suite 2-36, North Andover, MA 01845 Phone: 978,688,9 40 Fax: 978.688.8,176 Ms. Susan Sawyer Director North Andover Health Dept. C.C. Mr. Thomas Trowbridge Chairman Dear Ms. Sawyer, I have an application on file with North Andover Health Dept for the installation of a new septic system at my home at the above address. The application is due to expire in September 2012. I am the owner of the property, which was the house I grew up in, however it is presently occupied by my parents, Martin& Anne Allen. The septic system did not pass its last inspection and was classified as "failed". It was my full intention to replace the entire septic system this summer; however, due to my business being slow this was not financially possible. I am requesting a 12 month extension to the project. An Engineer( Richard Tangard ) was hired and he drew up plans for the system which was duly accepted and approved by the Health Dept. I also interviewed and secured a contractor to do the project ( Jim Kellett& Co. ). Although classified as failed, the system is working perfectly and has not shown any signs of breaking ground. I would be obliged if the Board would consider my request for an extension to this project. Cordially, Stewar" l Owner 155 Boston St. North Andover, MA 01845 TOWN M," NORTUI ANDOVE'R, Officc� of'COMNIUNITY ITFALTUI 1600 WAA)01) SIIREET; 111flIA)ING' 21); S�d]I'E' 2 36 NOR,I I I /04)OVER, MYV,��;A(A IUSFITS M M5 Q78 09K95,10 Phone Susaia Y, Sawyen, REIVURS 978,68K8476 MN Public Heahli Mreclor V• IAH,: WFMH E: SEPTIC PLAN SUBMITTAL FORM Arl Date of Submission: Site Location: 1�"OVVuq NOF4114 ANO OVER r1w 2 wr Engineer: C-, New Plans? Yes $225/Plan Check 4 (includes I" submission and one re- review only) Revised Plans'?Yes $75/Plan Check# Site Evaluation Forms Included? Yes No_Y, Local Upgrade Form Included? Yes No Telephone#: C' Fax#: CTV15 E-mail:— 0? M Homeowner Y Name: OFFICE USE ONLY When the subirii ion is complete (including check): Date stamp plans and letter Complete and attach Receipt Copy File; Forward to Consultant -Enter on Log Sheet and Database Commonwealth of Massachusefts City/Town Of Application l <� v DEP has provided this form for use by local Boards of Health. Other forms may be used, but the information must be substantially the same as that provided here. Before using this form, check with your local Board of Health to determine the form they use. Form 9A is to be submitted to the Local Board of Health for the upgrade of a failed or nonconforming septic system with a design flow of less than 10,000 gpd, where full compliance, as defined in 310 CMR 15.404(1), is not feasible. System upgrades that cannot be performed in accordance with 310 CMR 15.404 and 15.405, or in full compliance with the requirements of 310 CMR 15.000, require a variance pursuant to 310 CMR 15.410 through 15.415. NOTE: Local upgrade approval shall not be granted for an upgrade proposal that includes the addition of a new design flow to a cesspool or privy, or the addition of a new design flow above the existing approved capacity of an on-site system constructed in accordance with either the 1973 Code or 310 CMR 15.000. A. Facility Information Important: When filling out 1. Facility Named and Address: forms on the computer,use only the tab key Name to move youC �� cursor-do not Street Address use the return key. V - TM °'J ✓ � � � / " City/Town State Zip Code f -111 . 2. Owner Name and Address(if different from above): Name Street Address City/Town State Zip Code Telephone Number 3. Type of Facility (check all that apply): Residential ❑ Institutional ❑ Commercial ❑ School 4. Describe Facility: 5. Type of Existing System: ❑ Privy ❑ Cesspool(s) Conventional ❑ Other(describe below): 6. Type of soil absorption system (trenches, chambers, leach field, pits, etc): t5form9a.doc•rev.7/06 Application for Local Upgrade Approval* Page 1 of 4 Commonwealth of Massachusetts City/Town of - Application I Upgrade Approval DEP has provided this form for use by local Boards of Health. Other forms may be used, but the information must be substantially the same as that provided here. Before using this form, check with your local Board of Health to determine the form they use. A. Facility Information (continued) 7. Design Flow per 310 CMR 15.203: ,e� Design flow of existing system: gpd Design flow of proposed upgraded system gpd Design flow of facility: gpd B. Proposed Upgrade of System 1. Proposed upgrade is(check one): K] Voluntary ❑ Required by order, letter, etc. (attach copy) ❑ Required following inspection pursuant to 310 CMR 15.301: date of inspection 2. Describe the proposed upgrade to the system: 3. Local Upgrade Approval is requested for(check all that apply): Reduction in setback(s)—describe reductions: Z;� Y %lam ❑ Reduction in SAS area of up to 25%: SAS size,sq.ft. %reduction ❑ Reduction in separation between the SAS and high groundwater: Separation reduction ft Percolation rate min./inch Depth to groundwater ft t5form9a.doc•rev.7/06 Application for Local Upgrade Approval, Page 2 of 4 Commonwealth of Massachusetts City/Town of Form 9A ® Application for Local Upgrade Approval DEP has provided this form for use by local Boards of Health. Other forms may be used, but the information must be substantially the same as that provided here. Before using this form, check with your local Board of Health to determine the form they use. B. Proposed Upgrade of System (continued) ❑ Relocation of water supply well (explain): ❑ Reduction of 12-inch separation between inlet and outlet tees and high groundwater ❑ Use of only one deep hole in proposed disposal area ❑ Use of a sieve analysis as a substitute for a perc test ❑ Other requirements of 310 CMR 15.000 that cannot be met—describe and specify sections of the Code: If the proposed upgrade involves a reduction in the required separation between the bottom of the soil absorption system and the high groundwater elevation, an Approved Soil Evaluator must determine the high groundwater elevation pursuant to 310 CMR 15.405(1)(h)(1). The soil evaluator must be a member or agent of the local approving authority. High groundwater evaluation determined by: Evaluator's Name(type or print) Signature Date of evaluation C. Explanation Explain why full compliance, as defined in 310 CMR 15.404(1), is not feasible. (Each section must be completed) 1. An upgraded system in full compliance with 310 CMR 15.000 is not feasible: 2. An alternative system approved pursuant to 310 CMR 15.283 to 15.288 is not feasible: X�. t5form9a.doc•rev.7/06 Application for Local Upgrade Approval* Page 3 of 4 Commonwealth of Massachusetts City/Town of Form Application I Upgrade Approval DEP has provided this form for use by local Boards of Health. Other forms may be used, but the information must be substantially the same as that provided here. Before using this form, check with your local Board of Health to determine the form they use. C. Explanation (continued) 3. A shared system is not feasible: 4. Connection to a public sewer is not feasible: 5. The Application for Local Upgrade Approval must be accompanied by all of the following (check the appropriate boxes): Application for Disposal System Construction Permit Complete plans and specifications ❑ Site evaluation forms ❑ A list of abutters affected by reduced setbacks to private water supply wells or property lines. Provide proof that affected abutters have been notified pursuant to 310 CMR 15.405(2). ❑ Other(List): D. Certification "I,the facility owner, certify under penalty of law that this document and all attachments,to the best of my knowledge and belief, are true, accurate, and complete. I am aware that there may be significant consequences for submitting false information, including, but not limited to, penalties or fine and/or imprisonment for deliberate violations." Facility Owner's Signature Date A9,j-Z7-/,c/ T Print Name a Date // / , Preparers add ss 4 ! City own �9 /� ' S f)�G� /(L�- / State/ZIP Code Telephone t5form9a.doc•rev.7/06 Application for Local Upgrade Approval* Page 4 of 4 STEWART ALLEN-OWNER 155 BOSTON STREET Original investigation was based on Odor complaints at Boston Road December 2003 —Sale of home to The Allen's-no Title5 done-Sale price included money to repair system. February 2006— Odor complaint - Title 5 inspection was ordered by HD— Failed — engineer hired, plan submitted for review July 2011 — New engineer - Septic Plans submitted September 2011- Septic System Plan is Approved w/ 3 LUA's. System was to be completed within 1 yr. August 2012 — Mr. Allen requested an extension for 1 year. October 2014 — Received Odor complaints at Boston Road from anonymous— identified they system was still in failure. The MA Permit Extension Act automatically extended all permits until September 2015. It either expires or they will start at the beginning of the process again. ➢ Permit MUST be pulled by Sept.30, 2015 or plans are Void ➢ System MUST be in the ground by Nov. 30, 2015. ➢ Engineer on record has passed away— Mr. Allen must hire another Engineer to oversee the plans/installation asap ➢ Over the past 2 months; 2 installers have inquired about the site. ➢ There are wetland issues. They will have to file a SMALL PROJECT, with ConCom. The next meeting is on Oct. 21. They have until Wed. September 30 to file with ConCom. Staff Recommendation ➢ Have a financial commitment, with signed Contract from both Installer and Newly hired Engineer. ➢ Have system in the ground by the Septic close date of November 3 0t" ➢ Convert the existing Septic Tank into a Tight Tank. Have a float alarm system put on the tank, to alert them when it's to full. OR Have automatic pumping done. ➢ ***Note that the owner sealed the cover of the tank with cement (see photo); this will need to be removed in all case scenarios to be able to pump) Owner should be reminded that no person shall work on a system who is not locally licensed by the Health Department** ➢ Fines only if deemed necessary by BOH a { Vr I i W ilill / � ����'' r �, .r fly ��� w �1�� '�w, w ,o,�"•"� r� Pr ,� � ��� �.� �.. ��..'� f 40, ' a �. y,uu� � K6 0 y '� :r '✓/ � ;�•,�� �, � err !�.,' �' !#�'b�,. m � �� �' A flp� 0 v, u r 1 i h Al r 4flaio i/,rII� A� rill I I� � 11 v v�Pilll .0 4l Illli i� rr �„ I