HomeMy WebLinkAboutCorrespondence - 41 NORTH CROSS ROAD 11/19/1992 ,4ORTH
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« °9 120 MAIN STREET" TEL. 682-6483
SS;C'H„ NORTH ANDOVER, MASS. 01845 Ext. 32
41 North Cross Road:
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Mrs. Starr presented to the Board an update of the failed septic
system at 41 North Cross Road. She stated that the failed system
was due to be in place by todays date and at the present time is
not. A bottom of bed inspection was done today and the final
inspection should be done tomorrow stated Mrs. Starr. Dr.
MacMillan agreed that the repair should continue as scheduled.
Town of North Andover, Massachusetts Form No.3
BOARD OF HEALTH
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DISPOSAL WORKS CONSTRUCTION PERMIT
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Applicant
NAME ADDRESS TELEPHONE
Site Location L4 I r�
Permission is hereby granted to Construct ( ) or Repair an Individual Soil Absorption
Sewage Disposal System as shown on the Design Approval S.S. No.
CHAIRMAN, BOARD OF HEALTH
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D.W.C. No.
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O F 7"'hOARD OF HEALTH
120 MAIN STREET
�5 TEL. 682-6483
9SSAC NUS Et NORTH ANDOVER, MASS. 01845 Ext. 32
October 23 , 1992
Michael Brandt
41 North Cross Road
North Andover, MA 01845
Dear Mr. Brandt:
With regards to your letter requesting a hearing date to
modify the Order letter sent by this office on October 7, 1992 ;
Last evening at their regular Board of Health meeting in lieu of
a hearing date, the Board granted you an extension on the system
repair. The motion was made and passed that the repair of the
septic system on 41 North Cross Road be completed by the next
Board of Health meeting date or the owner of the property shall
be required to be present at that meeting. The tentative date
for the next meeting is Thursday, November 19, 1992 .
If you have any questions about this decision or about the
process to repair your system, please do not hesitate to call .
Sincerely,
Sandra Starr
Health Agent
SS/cjp
cc: Karen Nelson, Director, Planning & Comm. Dev.
NORTH
o ._. . p DUAM OF HEALTH
t 120 MAIN STREET TEL. 682-6483
�SSACHU NORTH ANDOVER, MASS. 01845 Ext. 32
Minutes: October 22, 1992
41 North Cross Road:
Mrs. Starr stated that an order letter went out to Mr. Brandt in
reference to his failed septic system and the compliance date is
October 30, 1992. Mrs. Starr stated that she was out at 41 North
Cross in July with an engineer and the system is like a bath tub.
Mrs. Starr stated that she has plans that she a
26 and nothing has been done. Mrs. Starr stated thatethenproblem
is that the contractor that originally put in the house has
guaranteed the owner that he would fix the septic system and this
is the hold up. Mrs. Starr believes that this has been hanging
about too long. A letter was received requesting extended time
and wants a hearing date to modify the order.
Mrs. Starr stated that what she found was a fairly large leach
trench and an area on the lowest pipe that had effluent running
out of it and when she opened up the system in the back area the
whole area was flooded and the next to the last pipe was crushed
the fill was the basic North Andover fill with rocks and a huge
rock that crushed the pipe. Mrs. Starr added that they brought
in fill that was not approved fill, it was layers of top soil and
subsoil. The owner is requesting additional time. The system
was placed in 1988. Mrs. Starr stated that there was effluent
Starr
co Out ming
it was odoriferous? he
her last. Dr. MacMillan asked Mrs.
replied,
"no„ . yes" . Dr. MacMillan
asked if the neighbors are complaining? Mrs. Starr replied,
On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted
unanimously that the system at 41 North Cross Road be installed
by the next Board of Health meeting or they will be requested to
come before the Board.
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October 13, 1992
Sandra Starr
North Andover Board of Health
120 Main Street
North Andover, MA 01845
Dear Ms. Starr:
I am filing a written request for a hearing in regards to
modifying the attached order which I received on October 8th
to begin repairs on my septic system.
Please advise.
Sincerely,
Michael Brandt
41 North Cross Street
North Andover, MA 01845
(508) 686-7562
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120 MAIN STREET TEL. 682-6483
�9SSAC`HwUSEt�y NORTH ANDOVER, MASS. 01845 Ext. 32
October 7, 1992
Michael Brandt
41 North Cross Road
North Andover, MA 01845
Dear Mr. Brandt:
In July of this year tests were done on your property on 41
North Cross Road to determine what would be needed to repair your
failed septic system. Plans were submitted by your engineer and
were approved on August 26, 1992 . To date no permit has been
issued for the repair of this system. The continuing failure of
this septic system constitutes a violation of 15. 02 (19) of the
State Sanitary Code.
Under 310 CMR 15. 23 (1) you are hereby ORDERED to begin
repair of this septic system by October 30, 1992 . You are
entitled to a hearing to show cause as to why this Order should
be modified or withdrawn. If you desire a hearing, you must
file a written request with the Board of Health within 7 days
after receipt of this ORDER. According to 310 CMR 15. 26 (2) "Any
person who shall fail to comply with any Order issued pursuant to
the provisions of this Title shall, upon conviction, be fined not
less than 10 nor more than 500 dollars. Each day' s failure to
comply with an Order shall constitute a separate violation. "
If you have any questions, please do not hesitate to call me
at the office any Monday, Wednesday or Friday.
Sincerely,
Sandra Starr, Health Agent
cc : Karen Nelson, Director, Planning & Comm. Dev.
File
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120 MAIN STREET" TEL. 2-6453
��SSACHU5Et4y NORTH ANDOVER, MASS. 01545 Ext. 32
41 North Cross Road:
Mrs. Starr stated that 41 North Cross Road has a failed sewer
is
disposal system and needs ils, but Starr
Conservation does there
not
a small swale area with some catta
consider this a wetlands.
Mrs. Starr stated that As far as Conservation looks at it, it is
not considered a wetland. Mr.etlandd then stated that if Conservation
does not consider this a
variance.
Mrs. Starr just wanted to be reassured by the Board that a
variance is not required.
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WE ARE SENDING YOU %0' Attached ❑ Under separate cover via _ _..__the following items:
❑ Shop drawings m Prints ❑ Flans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order ❑_.W.........__ ...-...__ _
COPIES DATE NO. DESCRIPTION
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THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Submit copies for distribution
> ❑ As requested ❑ Returned for corrections ❑ Return corrected prints
XM For review and comment ❑
❑ FOR BIDS DUE t.9_ ❑ P'RINT'S RETURNED AFTER LOAN TO US
REMARKS 1)2`1' (.;2�r;(1;Y _ -
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FVAL APPROVAL
Form.5 oEQE Fite No. 24x�-488
(To be provided by UEQE)
Commonwealth
city/?own North Andover
' of Massachusetts
Applicant Allen
Cuscia & Jose Levis
Lots 1 & 7 North Cross Road
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131 , §4U
and under the Town of North Andover's Town Bylaw, Chapter 3.5 A&B
From North Andover Conservation Commission
•
Allen Cuscia & Joseph Levis Same
To
(Name of Applicant) (Name of property owner)
Address 25 Center St. , Methuen, MA 01844 Address Same
This Order is issued and delivered as follows:
O by hand delivery to applicant or,representative on (date)
by certified mail, return receipt requested on February 22 1989 (dale)
This project is located at Lots
The property is recorded at the Registry of
Northern Essex
Hook 2743 Page 55
Certificate(if registered)
The Notice of Intent for this project was filed on October 24 1988 —(date)
The public hearing was closed on November 1988 _(dale)
Findings
The North Andover Conservation Commission has reviewed the above-referenced Notice of
Intent and plans and has held a public hearing on the project. Based on the Information available to�the
That
NACC at this time, the NA
the area on which the proposed work is to be done is significant to the following interests in accordance with
the Presumptions of Significance set forth in the regulations and precedent and practice under this
Town's ByLaw for each area subject to protection under the Act and ByLaw:
Public water supply Flood control ❑/I Land containing shellfish
[+� Private water supply Storm damage prevention [0 Fisheries
Ground water supply C� Prevention of pollution
Lot Protection of wildlife Habitat
5.1
FIIPrtivA 11/1/87
Therefore, the NACC hereby finds that the following conditions arc
necessary, in accordance,with the Performance Standards set forth in the regulations, to protect those inter-
-ests checked above. The NACC orders that oil work shall be performed
in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the fol-
lowing conditions modify or differ from the plans, specifications or ollicr proposals submitted with the Notice
of Intent, the conditions shall control.
General Conditions
1. Failure to comply with all'condiiions staled herein, and with;ill related statutes and other regulatory meas•
ures, shall be deemed cause to revoke or modify thin Order.
2. This Order does not grant any property rights or nny exclusive privileges'. it does not authorize any injury
to private property or invasion of private rights.
3. This Order does not relieve the permillee or any other person of the necessity of complying with all
other;applicable feeer0l, stare or local statutes, ordin,rnces, by-laws or regulations.
Q. The work authorized hereunder shall be completed within three years from the date of this Order unless
wither of the following apply:
(a) the work is a maintenance dredging project as provided for in the Act; or
(b) the lime for completion has been extended to a specified date more than three year but less Thar
live years, from the date of issuance and both that dote and the special circumstances warranting
the extended lime period arc•sct forth in this Order-
. S. This Order rnny be extended by the issuing authority for one or more, periods of up t� three years cacti
upon application to the Issuing authority al least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill, containilig no trash, refuse rubbish or de-
bris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes,
refrigerators, motor vehicles or parts of any of the foregoing.
7 No work shall be undertaken until all administrative appeal periods.from.1his Order have elapsed or, if
such an appeal has been filed, until all proceedings before the Department have been completed.
a. No work shall be undertaken until the Final Order has been recorded in the negislry of Deeds or the Land
Court for the district in which the land is located, within the chain of title of the affected property. In the
case of recorded land, the Final Order shall also be noted in the negistry's Granlor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of registered land, the
Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done. The recording information shall be submitted to the NACC
on the form at the end of this Order prior to commencement of the work.
9. A sign shall be displayed at the site not less Ihan two square feel or more than three square feet in'sizo
bearing the words, "Massachusetts apartment of Environmental Quality Engineering,
File Number 242' —e .
10, Where the Department of Environmental Oualily Cngincering Is requested to make a determination and
to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings
and hearings before the Department.
11 , Upon completion of the work described herein, the applicant shall forthwith request to writing that a
Certificate of Compliance be issued stating that the work hac been satisfactorily completed.
12. The work shall conform,to the following plans and special conditions:
Page -3-
Order of Conditions -Lots 1&7 North Cross Road DEQE #242-488
12. The work shall conform to the following plans and additional conditions:
a. Notice of Intent submitted by Allen Cuscia and Joseph
Levis prepared by R.A.M. Engineering dated October 24,
1988. Seven (7) sheets.
b. Letter from R.A.M. Engineering dated November 25, 1988.
One (1) sheet.
c. Letter from R.A.M. Engineering dated January 23, 1989
One (1) sheet.
d. Plans entitled "Lot X11 North Cross Road at Frances Estates"
and "Lot #7 at Frances Estates" prepared by R.A.M. Engineering
dated September 1988 and August 30, 1988 respectively.
One (1) sheet each.
GENERAL CONDITIONS
13. The following wetland resource areas are affected by the proposed work:
bank, land under water, bordering land subject to flooding, and bordering
vegetated wetland. These resource areas are significant to the interests
of the Act and Town Bylaw as noted above. These resource areas are also
significant to the recreation interests of the Bylaw. The applicant has
not attempted to overcome the presumption of significance of these resource
areas to the identified interests.
14. The NACC disagrees with the applicant's delineation of the wetland resource
areas on Lot #1, but agrees with the delineation on Lot V. In particular,
the NACC finds that the land subject to flooding on Lot #1 has been
delineated consistent with the wetland regulations under the Act (310 CMR
10.57) of the Town's Bylaw. Specifically, in response to NACC's request
for delineation of the flocd plain on Mosquito Brook the applicant has
submitted information dealing with culvert inverts far downstream from the
site. At the public hearings, abutters testimony indicated the possibility
of flooding directly from the brook onto this lot. With the invert elevation
of the outlet of the culvert under Rea Street/North Cross Road being very
close to the elevation of some portions of Lot #1, the NACC finds that additional
information is required to judge the impact of the proposed work on the wetland
resource areas and its compliance with wetland aDd other town requirements
(e.g. , setbacks for the septic system) .
15. This Order of Conditions is issued in addition to those issued under File
No. 242-273. (Frances Estates)
PERFORMANCE/DESIGN STANDARDS/CHANGES:
16. For the reason given above the NACC denies udder this Order the proposed work
for Lot #1 and approves the proposed work for Lot #7 as modified by the
following conditions. The applicant may refile for the same work on Lot #1
with better information on the delineation of the wetland resource areas,
or may refile for a different project.
Page -4-
Order of Conditions Lots 1 & 7 North Cross Road DEQE #242-488
17. Prior to the start of any work on Lot V, the applicant shall submit a
written plan prepared by a registered professional engineer describing
how the proposed grading on Lot #7 shall provide for all site drainage
to be directed to the dEtention pond on the site, plus how the overland
runoff from Lot #6 will not be affected by the proposed work. This plan
shall be reviewed and approved 'by the NACC prior to the start of construc-
tion.
18. No earthen embankment in the buffer zone shall have a slope steeper that?
2!1 . Any slopes of steeper grade shall be rip-rapped to Frovide permanent
stabilization.
19. Any changes in the submitted plans, Notice of Intent, or resulting from
from the aforementioned conditions must be submitted to the NACC for approval
prior to implementation. If the NACC finds, by majority vote, said changes
to be significant and/or to deviate from the original plans, Notice of
Intent, or this Order of Conditions to such an extent that the interests
of the Act and Bylaw cannot be protected by this Order of Conditions and
would best be served by the issuance of additional conditions, then the NACC
will call for another public hearing within 21 days, at the expense of the
applicant, in order to take testimony from all interested parties. Within
21 days of the close of said public hearing, the NACC will issue an amended
or new Order of Conditions.
20. Any errors found in the plans or information submitted by the applicant shall
be considered as changes, and procedures outlined above in Condition #19 for
changes shall be followed.
21. In conjunction with the sale of Lot X17, the applicant shall submit to the
NACC a signed statement by the buyer that he is aware of an outstanding
Order of Conditions on the development, has received a copy of this Order
of Conditions, and has received notice about Condition 036 below.
22. No underground storage of fuel oils shall be allowed on any lot within one-
. hundred (100) feet of any wetland resource area. This Condition shall survive
this Order of Conditions, and shall run with the title of the property.
23. Fertilizers utilized for landscaping and lawn care shall be of the low
nitrogen content variety, and shall be used in moderation. Pesticides and
herbicides shall not be used within 100 feet of a wetland resource area.
DURING CONSTRUCTION
, 24. In advance of any work on this project the applicant shall notify the NACC,
and at the request of the NACC, shall arrange an on-site conference among
the NACC, the contractor, and the applicant to ensure that all of the conditions
of this Order are understood. This Order also shall be made a part of the
contractor's written contract.
Page -5-
Order of Conditions Lots 1 & 7 North Cross Road DEQE #242-488
25. The applicant, or its successors, shall notify the NACC in writing of the
identity of the on-site construction supervisor hired to coordinate
construction during the work on the site and to ensure compliance with.
this Order.
26. Prior to any activity on the site, a filter fabric fence backed by a single
row of staked hay bales shall be placed between all construction areas
and wetland areas per Soil Conservation Service or D.E.Q.E. Standards.
This barrier shall be inspected and approved by the NACC prior to start
of construction. This row of hay bales and filter fabric shall remain
intact until all disturbed areas have been mulched, seeded, and stabilized
to. prevent erosion.
27. Upon completion of construction and grading, all disturbed areas located
outside resource areas shall be stabilized permanently against erosion.
This shall be done either by sodding, or by loaming, seeding, and mulching
according to Soil Conservation Service Standards. If the latter course
is chosen, stabilization will be considered once the surface shows complete
vegetative cover has been achieved.
28. No exposed area shall remain unfinished for more than thirty (30) days, unless
approved by the NACC or its agent.
29 All erosion prevention and sedimentation protection measures found necessary
during construction by the NACC will be implemented at the direction of the
NACC.
30. There shall be no stockpiling of soil or other materials within twenty-five
(25) feet of any resource area.
31. During and after work on this project, there shall be no discharge or spillage
of fuel, oil, or other pollutants into any wetland resource area. If during
any phase of site preparation, construction, or clean-up, there is a spill or
discharge of any fuel, oil, or other pollutant, the NACC shall be notified
by the applicant as soon as practical. No vehicles are to be stored within
100 feet of/wetland resource areas, and no vehicle refueling, equipment lubri-
cation, or maintenance is to be done within 100 feet of a resource area.
32. Washings from concrete trucks, or surplus concrete, shall not be directed to,
or dumped in, any drainage system or wetland resource area.
33. All waste generated by, or associated with, the construction activity shall
be contained within the construction area, and away from any wetla.nd resource
area. There shall be no burying of spent construction materials on the site,
nor shall any waste be disposed of on the site by any other means. The applicant
shall maintain dumpsters at the site for the storage and removal of such spent
construction materials offsite.
34. Members of the NACC or its agent shall have the right to enter upon and inspect
the premises to evaluate compliance with this Order of Conditions. The NACC
reserves the right to require, following field inspection, additional information
or resource protection measures.
Page -6-
Order of Conditions Lots 1 & 7 North Cross Road DEQE #242-488
35. Accepted engineering and construction standard6 and procedures shall be
followed in the completion of the project.
OTHER CONDITIONS:
36. The provisions of this Order shall apply to and be binding upon the applicant,
its employees, and all successors and assigns in interest or control.
37. Issuance of these conditions does not in any way imply or certify that the
site or downstream areas will not be subject to flooding, storm damage, or
any other form of damage due to wetness.
38. A proper bond or a deposit of money or negotiable securities running to the
Town of North Andover shall be provided in the amount of $2,000, which shall be
in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and
shall be posted with the Treasurer of the town of North Andover before commen-
ment of work. Said bond or deposit of money shall be conditioned on the
completion of all conditions hereby, shall be signed by a party or parties
satisfactory to the NACC and Town Counsel, and shall be released after
completion of the project, provided that provision, satisfactory to the NACC
has been made for performance of any conditions which are of a continuing nature.
The applicant may propose a bond release schedule keyed to completion of
specific portions of the project for the NACC's review and approval. This
condition is issued under the authority of the Town of North Andover Wetlands
Protection Bylaw.
39. Prior to the issuance of a Certificate of Compliance, the applicant shall
submit a letter to the NACC from a registered professional civil engineer
certifying that the work is in compliance with the plans referenced above
and all the conditions hereof.
40. Special Conditions #22,23, and 31 shall survive the issuance of a Certificate
of Compliance for this project.
Lots 1, 7 & 8 North Cross Road D.E.Q.E. //242=
Issued t3y
North Andover Conservallon Commission
,
SIQnalure(s
—�
5�4/�
This Order must be signed by a majority of the Conservation Commission.
On this 15th day of February 19,89 , before me
personally appeared Guillermo J. Vicens , to me known to be the
person described In and who executed the foregoing Instrument and acknowledged that he/she executed
Ch.e sam as his/her free act an �d.
'd
September 9, 1994
Not Public My cornrnission expires
The applicant,the owner,any person aggrieved by this Order,any owner of land abutling the tend upon which Iho proposed work Is to
be done or any ten residents of the city or town In which such land Is located oro hereby notified of their right to request the Department
of Environmental ouality Engineering Io Issue a Superseding Order,providing Ilro request is made by certified mail or hand delivery Id"
the Department within ten days from the dale of Issuance of this Order.A copy of tlw teggosl shall al the same time be sent by certified
map or hand delivery to the Conservation Commission and the applicant.
If you wish to appeal this decision under the Town By Law, a complaint must be
filed in -Superior Court.
Detach on dotted line and submit to the
NACC prior to commencement of work.
............»...................».........»......... ............................................................................ ........
_
Issuing Authority
Tt:,
Please be advised that the Order of Conditions for the project e
and
File Number 242' hea been recorded at the Ileglalry of
• , to
has been noted In the chain of title of the effected property In accordance with General Condition a on
It recorded land, the Instrument number which Identifies thin transaction Its
II tepislared land,the document number which Identifies this Iransaction Is
Applicant.
$lon(ture
R".A.M. ENGINEERING
ROBERT A. MASYS, P.E.
ONE MASYS WAY
HAVEI;I-IWk MA 01830
PHONE: 017) 372044
March 26, 1990
Town of North Andover,
Board of Healtl),
120 .Naha Street
North Andover , MA. 01845
RE : Lot # 7 - North Cross Road
Dear Board Members ,
Please be advised, th t in June, 1988 , our office submitted
a revised septic system design for the above, lot 7 . This
revised plan was in accordance with the State Title 5, and with
the Town ' s requirement of being minimum af 00 " from the
detention c:)n d that was built ar a rn t of the rm j e c,is . If 1 call
supply n further i n f c.)r m a t i car n, please contact m e .
P gym.
1
Very t
h
Rob
l
,an 4