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Correspondence - 755 WINTER STREET 10/31/2008
Page ] of3 DelleChiaie, Pamela INNEEMENEM From: 8awyer,Susan Sent: Fri 10/31/20V89:14AM To: jamesgi|mom68(0gmaiicum Cc: DeUeChiaio, Pame|a Subject: WE: Title 5 installation at755 Winter Street. Attachments: Dear Mr. {Si|nnore. Thank you for your patience. Please find the responses below. Susan Sawyer Public Health Director � From: James Gilmore [rOailto:jannesgi|nnor868@g0ai|.com] Sent: Friday, October 17/ 2OU811:14AM To: Sawyer, Susan Cc: 'aDlesg||[Dore68@g0Oei|.co0 Subject: Title installation at 755 Winter Street. October 17. 2008 K4o. Susan Y. 8mwyer, REHS/R.8 Public Health Director Town of North Andover Dear Ms. Sawyer, When | met with you in early September bn discuss the Title 5 installation at755 Winter Street by J VVh man Construction you mentioned that if had any further questions | should submit them in writing. Well | do have need for additional information and advice. After contacting the Attorney General's office it appears I need to establish a view points of fact. If possible I would like for your department to help me with this or at least point me in the right direction. � As I explained previously, Mr. Whyman's invoice for his Title 5 work at my home was just shy of2896higher than his estimate. After comparing the invoice to the eaUmabe, the estimated 6 truck loads of sand compared to the invoiced 2D truck loads and the 2 loads of loam, never included makes up the majority ofthe $5.5OO variance. � | asked Mr. VVhymon for deUni|ed, written explanation asho why the variance and to convince nne that the � hthp://exoh8Dge2V03.to`mD.D0dh-8ud0ver.nmo.nS/exch4oge/»dclleChi@ie/Iobox/RE:�/�20Titl... {0/}1/9008 Page 2 of 3 overages where not due to his performance, or lack there of. His response was I broke my back trying to make everybody happy, they'll neva b happi" His spelling. "I unfortunately do not belong to the network that the local inspectors sponsor which did create delays but did not cost you money". He did simply note that"400 yards of sand for mound put in the most effective spot"was required and that 2 loads of loam were required to"spruce up the lawn". He went on to write that the 400 yard requirement was"not average"which I believe he means to say is not normal or was unnecessary. My questions are as follows: 1. How many plans were submitted by Mr, Whyman before North Andover approval?The plans are not submitted by the installer, Mr. Whyman. They are submitted by the engineer, Mr. Joe Serwatka. Our log shows initial plan submitted 11/6/07 revision 3/26/08 rev. revision 4/16/08 revision 4/24/08 revision 8/22/08. 2..Did the final plan, submitted by Mr. Whyman and approved by North Andover, require 20 loads of sand, equated to be 400 yards? Mr. Whyman did not submit any plans. Mr. Serwatka's plan was approved. The estimation of the need for sand is done by each installer for their bid. To do so you must have an approved plan as it is based on how much you take out and how high the new system is. Bidding prior to reviewing an approved plan is only a guess. I recommend you have a third party look at the plan and give you an estimate. Or you could ask the designing engineer if he could tell you. No person can do that with certainty without a plan. 3. Were any of the additional truck loads of sand, 6 vs 20, due to changes caused by Mr. Whyman's non- conformance to the North Andover approved plan? No, the plan calls for the system to be a specified width, length, depth and height. All requests made were to bring the system installation into compliance with the plan. 4. Should a contractor have included the need for loam to restore the lawn to comply with North Andover regulations? The North Andover Health Dept. will not sign off a certificate of compliance until the loam and seeding is complete and the final grade is per plan. The final amount of sand does not sound out of the norm for a system in North Andover, but I do not do estimates. 5. Is there anything concerning the reason(s)for these overages that I have not asked? unknown Ms. Sawyer, I respect your position and I do realize that this is a delicate matter. I need someone who can tell me the facts so that I am comfortable to pay or further dispute these overages. I am not trying to get out of the additional expense if indeed they are legitimate. I merely need some technical input from someone in the know. If you cannot me afford me this assistance then I would very much appreciate it if you could suggest someone preferably in your organization or if necessary outside of it that I could contract to investigate the matter. http://exchange2003.towii.noith-andover.ma.us/exchange/pdellechiaie/Inbox/RE:%2OTitl... 10/31/2008 Page 1 of 3 DelleChiaie, Pamela From: Sawyer,Susan Sent: Fri 10/17/2008 3:40 PM To: DelleChiaie, Pamela Cc: Subject: FW:Title 5 installation at 755 Winter Street. Attachments: Pam, I am forwarding this so you won't let me forget to address it next week. Thx Susan From: James Gilmore [mailto:jamesgilmore68 @gmail.com] Sent: Friday, October 17, 2008 11:14 AM To: Sawyer, Susan Cc:jamesgilmore68 @gmail.com Subject: Title 5 installation at 755 Winter Street. October 17, 2008 Ms. Susan Y. Sawyer, REHS/R.S Public Health Director Town of North Andover Dear Ms. Sawyer, When I met with you in early September to discuss the Title 5 installation at 755 Winter Street by J. Whyman Construction you mentioned that if I had any further questions I should submit them in writing. Well I do have need for additional information and advice. After contacting the Attorney General's office it appears I need to establish a view points of fact. If possible I would like for your department to help me with this or at least point me in the right direction. As I explained previously, Mr. Whyman's invoice for his Title 5 work at my home was just shy of 28% higher than his estimate. After comparing the invoice to the estimate, the estimated 6 truck loads of sand compared to the invoiced 20 truck loads and the 2 loads of loam, never included makes up the majority of the $5,500 variance. I asked Mr. Whyman for a detailed, written explanation as to why the variance and to convince me that the overages where not due to his performance, or lack there of. His response was "I broke my back trying to make everybody happy, they'll neva b happi" His spelling. "I unfortunately do not belong to the network that the local http://exchange2003.town.north-andover.ma.us/exchange/pdellechiaie/Inbox/F W:%2OTitl... 10/17/2008 Page 2 of 3 inspectors sponsor which did create delays but did not cost you money". He did simply note that"400 yards of sand for mound put in the most effective spot"was required and that 2 loads of loam were required to "spruce up the lawn". He went on to write that the 400 yard requirement was"not average"which I believe he means to say is not normal or was unnecessary. My questions are as follows: 1. How many plans were submitted by Mr, Whyman before North Andover approval? 2..Did the final plan, submitted by Mr. Whyman and approved by North Andover, require 20 loads of sand, equated to be 400 yards? 3. Were any of the additional truck loads of sand, 6 vs 20, due to changes caused by Mr. Whyman's non- conformance to the North Andover approved plan? 4. Should a contractor have included the need for loam to restore the lawn to comply with North Andover regulations? 5. Is there anything concerning the reason(s)for these overages that I have not asked? Ms. Sawyer, I respect your position and I do realize that this is a delicate matter. I need someone who can tell me the facts so that I am comfortable to pay or further dispute these overages. I am not trying to get out of the additional expense if indeed they are legitimate. I merely need some technical input from someone in the know. If you cannot me afford me this assistance then I would very much appreciate it if you could suggest someone preferably in your organization or if necessary outside of it that I could contract to investigate the matter. Your reply will be greatly appreciated. Best Regards, James B. Gilmore http://exchange2003.town.north-andover.ma.us/exchange/pdellechiaie/Inbox/F W:%20Titl... 10/17/2008 Page 3 of 3 (978)314-7644 jam .i..I.i.ylore68@grwLi-il.cory-i http://exchange2003.town.north-andover.ma.us/exchange/Pdellechiaie/lnbox/FW:%20Titl... 10/17/2008 DelleChiaie, Pamela From: DelleChiaie, Pamela Sent: Thursday, August 28, 2008 9:09 AM To: Serwatka Joe Ooeserwatka@comcast.net) Cc: Sawyer, Susan; Grant, Michele Subject: FW: 755 Winter Street- Need Installation Certification Form Joe, I received in the mail today the installation certification form. from Jon Whyman. He has signed it. However, I need you to come into the office and sign of[`as the engineer with all the applicable information, Please call me to setup a time to do this: 978.688,9540, Thank you, Pamela -.-----Original Message--- Frorn: .DelleChiaie, Pamela Sent: Tuesday, August 26, 2008 9:04 AM To: Serwatka oe (joeserwatka(�)coi-n.cast.iiet') Cc: Sawyer Susan (ssawyer(y townothorthandover.com); Grant, Michele Subject: 755 Winter Street -Need Installation Certification Form htt p://www tow no thorthandover.cOnVPa ges/NA:ndoverMA I-lealth/ erm itsandregs Joe, As the engineer, you must complete the installation certification form, sign it, and have the installer sign it as well. This must be submitted to the Health Departnient before a Certificate of Compliance can be issued. The homeowner is waiting for the C'OC, For your convenience, I have referenced the link on our website for YOU to download the form. Call if questions. Thank you. Pamela � r�OWT►� � tii G, yr°I~t�5 0 PUBLIC HEALTH DEPARTMENT Community Development Division August 1,2008 Jon C. Whyman c/o: J. Whyman Construction 451 Broadway Lynnfield,MA 01940 Dear Mr. Whyman: I am in receipt of your letter requesting written documentation of the violation you received and the reason for rescinding your license. Please note that notifications were sent to you via regular mail and certified mail. We received the green card receipt for the certified letters sent to you. Documentation shows that: Notice of Decision Dated: 7/1/08 Attempted Deliveries: 7/1/08;7/6/08 and 7/18/08 noted as unclaimed; refused. Certified Mail receipt#: 7003-2260-0006-8627-0322. In addition,a copy of the above notice was sent to you via e-mail on: 7/18/08, and copied to Joe Serwatka. The original reason you were to appear at the Board of Health Meeting was outlined in a letter sent to you on May 13,2008,which was sent via certified mail,and for which you did sign for. Your hearing was rescheduled to June 25"`at the North Andover Senior Center of which you were notified by e-mail and phone. You appeared at this meeting along with your attorney,Joe Serwatka,and the homeowner of 755 Winter Street. Yot;are well aware of the detennination of the Board of Health and the resulting decision. Please note that to receive.the Certificate of Compliance you are required to complete tasks as dirc-cted in an earlier correspondence from this office,``to receive a certificate of compliance the final engineer as-built must include final grade elevations." The grade measurements must be personally observed by Mr.Serwatka and a representative of this office will be available to observe Mr. Serwatka completing this task.The BOH must be called prior to completing this task. In addition,the installation certification form signed by the installer and engineer must be submitted to the Health Office. As of this date,Joe Serwatka has not contacted the Health Department to schedule inspections to finish this project. In addition,neither of you have submitted the final form. To avoid causing the homeowner furiber concerns and delays,please complete these tasks as soon as possible. Thank you. Sincerel 1., i S an Y. Sawyer, RE S/1 ublic Health Director Cc: Joe Serwatka.Engineer Homeowner—755 Winter Street 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fox 978.688.8476 Web www.townofnorthandover.com Page 1 of 2 DelleChiaie, Pamela From: tat.boh@comcast.net Sent: Thursday, July 10, 2008 5:53 PM To: DelleChiaie, Pamela S bject: RE: 755 Winter Stree - Update re: inspection Yes that is fine. Tom -------------- Original message -------------- From: "DelleChiaie, Pamela" <pdellech @townofnorthandover.com> 1-Ii Prom, Irian is the Building Inspector. Michele did riot want to go to the site alone, and asked him to meet her there as a witness, 1 will ask SLISan how she wants to notify the homeowner on Monday. Is that okay'? 9109/ , Health Department assistant Town of North Andover 16m)Osgood Street <BR>13ctiiiricat 20,wait€t 2-,,j6 Na:adh Andover,MA 01845 978,688.9540-r h011e � 978,45k 8,8476-Fax httlr://%a,wvw.towiaofiiortha ii(,IG N,er.com Cican thdcsr�)ttiertox vtiofnorthatradoNiaxa°.tzom From: tat.boh @comcast.net [mailto:tat.boh @comcast.net] Sent: Thursday, July 10, 2008 4:01 PM To: DelleChiaie, Pamela Subject: Re: 755 Winter Street- Update re: inspection Thanks,Pam. We should make sure the homeowner Iaiows all this. Who is Brian Leathe?Tom. ------ Original message -------------- From: "DelleChiaie, Pamela" <Pdellech @townofnorthandover.com> Joe, RE PIE;RMIT 2008-006,5 - Ms. Grant of the Health Dept, and Brian L.eathe from the Building Dept. went to this site today, 7/10/08 to witness that the old septic system Pits/tanks were filled with sand and crushed, They were not. There was one small area.that was scraped, apparently to make it seem that the area was 7/11/2008 Page 2 of 2 dug Lip, When. they arrived, everything was baekfilled. Whyrnan was not present, and had been asked to be. The Health Dept. was Supposed to witness crushing of the tanks. Brad., the excavator offered to dig Lip the pits/tanks. They had not been crushed. One pit/tank was still filled With effluent, and came gushing out when Brad broke the tank, Therefore, they were not pumped first, and there is now effluent in the ground. The other tank was dry, intact, empty and not crushed, Whyman claimed lie did all this (filled and crushed pits/tanks) months ago. No seed in back yard on area that was redone. In addition, the front yard needs to be presentable, loarned, raked and re-seeded. No final grade inspection will be(lone until front yard is fixed. The 1--lealth Dept, needs to be there when you shoot the elevations For the Final Grade, Please call to setup a time for this inspection. SOS/A004fds, P0*000a AMIMOMWO Health DepaitmentAssistant Town of North Andover 1600 Osgood Street < BR>Building go,Slfift!2-36 North Andover,MA 01845 '&978.688.9540-P11011C 97&68K8476-Fax healthdel)t(#xtoivnol'iioi-t0i,uid(wei�.eotii 7/11/2008 Page 1 of I DelleChiaie, Pamela From: Sawyer, Susan Sent: Monday, July 07, 2008 2:48 PM To: DelleChiaie, Pamela Subject: RE: 755 Winter If it has been a week since you contacted him, please give him another call. Also, docurnent our efforts to get this done. Thx S From: DelleChiaie, Pamela Sent: Monday, July 07, 2008 1:48 PM To: Sawyer, Susan Subject: RE: 755 Winter No, I did not hear from him. From: Sawyer, Susan Sent: Monday, July 07, 2008 1:24 PM To: DelleChiaie, Pamela Subject: 755 Winter Did Joe Serwatka ever let you know about the final grade insp? thx 7/7/2008 Page I of 2 DelleChiaie, Pamela From: DelleChiaie, Pamela Sent: Tuesday, July 08, 2008 9:25 AM To: Whyman Jon (JonWhyman@juno.com) Cc: Sawyer, Susan; Grant, Michele Subject: FW: 755 Winter Street- Final Grade Elevations Jon, Please see note below. Contact us ahead of time before doing any work at this site. Thank you. 460NI R1001"Ids, Health Department Assistant Town of North Andover 1600 Osgood Street Building 2o,Suite 2-36 North Andover,MA 01845 2978.688.9540-Phone - 978.688.8476-Fax healthdept@toNvnofnoithandover.coin From: DelleChiaie, Pamela Sent: Tuesday,July 08, 2008 9:08 AM To: Serwatka Joe Ooeserwatka@comcast.net) Cc: Sawyer, Susan; Grant, Michele Subject: FW: 755 Winter Street - Final Grade Elevations Hi Joe, I received your message this morning on my voice mail. With regard to Jon Whyman telling you that he has to find the pits and fill with sand—the Health Department needs to witness this abandonment, and the abandonment of any parts of the old system. Therefore, please let us know when this is happening so that the Health Dept, can schedule to be there. In addition, we will need to formally schedule the Final Grade inspection when that is ready to go. I will call you as well to confirm this. Thank you. Aksl IR00aAds, 1010#14040 17edoee.41ale Health Department Assistant Town of North Andover 1600 Osgood Street Building 20,Suite 2-36 North Andover,MA 01845 W978.688.9540-Phone 7/8/2008 Page 20f7 � 97*a88.8476-Fax braltbdnn@mnmvf"ortboodme,.uum From: DaUeChiake, Pame|d Sent: Monday, July U7, 2OO84:U2PM To: Senwatke Joe Aoeaenwatha@comcast.ned Cc: Sawyer, Susan; Grant, Michele Subject: 755 Winter Street - Final Grade Elevations Joe. Have you scheduled the shooting of the elevations of the final grade yet for 755 Winter Street? | left you two voice mail messages—one last week, and another today. Please call meby noon tomorrow. Thanks. tylos/ Health Department Assistant � Town nl North Andover � z6vv Osgood Street Building zv.ouuoc'oo North Andover,wmo184s 2978a88*540 ,b^on - yra.6au.e4ro Fax � xmdbd*»x@mnn^mvmxavumnzmo � � � � � � � � � Page 1 of 1 ®elleChiaie, Pamela From: Sawyer,Susan Sent: Tue 7/1/2008 8:18 AM To: DelleChiaie,Pamela Cc: Subject: 755 winter Attachments: Can you please call Joe Serwatka and ask him if he has scheduled the sho ting of the elevations of the final grade yet? Thx S httn://exchan ge2003.town.north-andover.ma.us/exchan ge/ndel leebiaie/Inbox/75 5%2Owinter... 7/2/2008 Page lofl DelleChiaie, Pamela From: DeUeChiaie, Pamela Sent Wednesday, June 18, 2008 10:56 AM To: VVhyman Jon (JonVVhyman@junn.com) Subject: June 2Gthmeeting Jon, Please be advised that the Board of Health meeting scheduled for June 26th has been changed to June 25th. The hearing will take place Wednesday, at TOOPM, in the N Andover Senior center at 120R Main Street. (this building is behind the town hall) Thank you ~--~- _p_'--~ Aal*Olea A9,040,040141410 Health Department Assistant Town ofNorth Andover ,aov Osgood Street nuuu/o»un.nvdou'a^ North Andover,wmvm4s 2vru6oa*u4"-Phone - vro.anu-e*r^ Fax lit1u://"vw.tpa,i�ofnmi�tham0o`,e,.v*m bcaldbd"nt@,o^nvtoonuxodmnr.vvm 6/l8/2008 0 SA PUBLIC HEALTH DEPARTMENT Community Development Division June 16, 2008 Jon Whyman Whyman Construction 451 Broadway Lynnfield, MA 01940 Re: 755 Winter Street Dear Mr. Whyman, Please be advised that at your request a final grade inspection was conducted at the above noted address. The final grade inspection was not approved for the following reasons. 1) 15.255. "The horizontal separation distance shall be provided between the soil absorption area and the adjacent side slope". 15 feet out with 3:1 slope to meet title V. Visual observations indicate that the final grade does not appear to make break out. 2) Observation find the final grade not acceptable, 310 15.240 (9) The soil placed as backfill over the soil absorption system shall be a minimum of nine inches, excluding topsoil, placed in lifts and sufficiently compacted to prevent depressions due to settling which may intercept or collect surface water runoff above the system. Back fill must be clean and free of stones and boulders greater than 6 inches in size. Tailings, clay and similar materials are prohibited. (10) Final cover above the system shall be stabilized and graded to reduce infiltration of surface water and minimize erosion. Finish grade shall have a minimum slope off 0.02 feet per foot a. Soil not compacted. b. Soil not graded to shed water c. Soil not reasonably free from sticks and stones d. Numerous areas water will pond and be absorbed e. No topsoil at all to assist in grass growth f. Unknown depth of soil over absorption system. Not know to meet 9 inch minimum 3) Inspection ports extend above grade (13) "The pipe shall be capped with a screw type cap and accessible to within three inches of finish grade". 4) Observed a single, no greater than 20 inch, manhole to grade. The approved plan requires that the tank have two 24 inch covers to grade 5) No cover to grade over distribution box. Plan shows a cover to grade over D-box. 6) Could not locate permanent benchmark. Please note on as-built. If a new one is needed, 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fox 978.688.8476 Web www.townofnorthandover.com the engineer must place it for the installer. Once these items are completed, a final grade inspection must be requested. Due to item#1 above, to receive a certificate of compliance the final engineer as-built must include final grade elevations. The grade measurements must be personally observed by Mr. Serwatka and a representative of this office will be available to observe Mr. Serwatka completing this task. The BOH must be called prior to completing this task. Sincerely, Susan Sawyer, REHS/RS Public Health Director Cc: Joseph Serwatka, P.E. Homeowner 755 Winter Street Attached photos 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.towoofnorthandover.com r„ �/p ri ifs✓! r6 e Wq d r R", Q�f �,�✓'q a y�7 a,d � l g �,�� ley V fir/ 1� rW d 4 l g F y , ✓� t �, .9 yA�y �o ?"�frN !r fp ✓� �� �: A ry '�3 , 1 � � J J �r ��`✓��VY ���� � � r.�^.., I a,lrr a r r I f d� dr d I r � I d d, �y Wj`"✓X"1�MY�e/"fM1 1N'a ✓ l � ' w 1 w f��rlp ��1�� rt /• I V/ r la" d✓ d r" J � 1 r %r Q w � " i 1' n r i l 1 U r i e 1 1 f Iw I Y Y i � r rr m rr x r wa � r _ r- I r 1 I Page 1 of 1 DelleChiaie, Pamela From: Sawyer, Susan Sent: Saturday, June 14, 2008 1:12 PM To: dano @millriverconsulting.com Cc: DelleChiaie, Pamela; Grant, Michele Subject: whyman Dan, I spoke with Isaac about 755 Winter. I guess I don't need Mill River out there to make my case at this time. I think I have enough to fail this final grade. (Draft Attached) I am requiring elevation of the FG, so if I think I need you then I will call. It won't be sent until Monday so if you have comments let me know. I don't know if anyone saw the system out front(tank and 3 pits) abandoned, and Greg Erikson just found one he didn't crush one at a site 2 years ago. Any ideas on how to check except digging up the front yard. Can you ask Andy if he saw it?? Maybe I will ask the homeowner what she saw? Thx S 6/16/2008 Page 1 of 1 DelleChiaie, Pamela From: Marianne Peters [mpeters @millriverconsulting.com] Sent: Wednesday, June 04, 2008 9:37 AM To: 'Daniel Ottenheimer'; Isaac Rowe; Grant, Michele; DelleChiaie, Pamela; 'Randy Burley; Sawyer, Susan Subject: today's perc being rescheduled The perc test scheduled for today with Christian Smith is being postponed due to the rain; will update you once rescheduled. In that Randy will not be going to North Andover today, the 755 Winter Street stop that he was going to make will also be rescheduled. Thank you, Marianne 6/4/2008 DelleChiaie, Pamela From: DelleChiaie, Pamela Sent: Thursday, May 15, 2008 9:55 AM To: Whyman Jon (E-mail) Cc: Serwatka Joe (E-mail); Sawyer, Susan Subject: FW: Letter to Jon Whyman -Septic Installer License Importance: High -----Original Message----- From: noreply @yourcopier.com[mailto:noreply @ yourcopier.com] Sent: Thursday, May 15,2008 10:53 AM To: DelleChiaie,Pamela Subject: Letter to]on Whyman-Septic Installer License SKMBT 600080515 09530.pdf , ® � D O ra rn ►� d ru FF9C9AL S _n `O Postage O C3 Certified Fee Postmad: Fee Here (Endorsement R quired) �� Restricted Delivery Fee �� I N (Endorsement Required) ru S 3� Total Postage&Fees Sent Ta 'V_ D a * � y -- Street,APt•Na.: c� LIO� or Pd Box No. J --- --- City,State,ZIPt• /L�/_/ . 1 tjORry O K.¢o r 34. fit, t_ 46 q6 C) Area 0' y O'4A COCNKW w[t y2` PUBLIC HEALTH DEPARTMENT Community Development Division May 13, 2008 Jon Whyman Whyman Construction 451 Broadway Lynnfield, MA 01940 Re: Septic System Installer's Permit Dear Mr. Whyman, This letter is in response to the serious concerns regarding the septic installation in progress at 755 Winter Street,North Andover. During this installation, you have continually been in violation of the subsurface disposal regulations and regularly accepted practices of septic installation. The plan approval letter and 310 CMR 15.020 state that: "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". The details of the violation, and the penalties that may be determined in this matter,will be heard at a hearing at a regularly scheduled Board of Health meeting. You are hereby ordered to appear at the Board of Health meeting on May 22, 2008, at 7:10 P.M.,which will be held in the Selectmen's meeting room,2"d Floor, Town Hall Building, 120 Main Street,North Andover. At the meeting,you will be given the opportunity to present evidence in this matter. You may be represented by an attorney. Sincere, f Susan Sawyer, RBHS/RS Public Health Director Cc: Joseph Serwatka, P.E. Homeowner 755 Winter Street 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com BOARD OF HEALTH MINUTES MARCH 28,2002 The meeting was called to order at 7:09 by Dr. Frank MacMillan. MEMBERS PRESENT Present were Francis P. MacMillan, Acting Chairman; John Rizza, Clerk; Sandra Starr, Director; Brian Lagrasse, Inspector; Public Health Nurse, Deb Rillahan. BOARD OF HEALTH VACANCIES Town Manager,Mark Rees, appeared to discuss the process of filling the upcoming vacancies on the Board. He reported that ads have been placed in the local newspapers asking for volunteers and a selectmen subcommittee made up of Rose mar,v 3medile and Susan Haltmeier has been formed to assist in the process. JON WHYMAN—INSTALLER VIOLATIONS Dr. MacMillan read the chronology of#e installation of both.systems. There were many problems with each of them because of the practices of the installer, Jon Whyman. • At 7 Sullivan St. the first bottom of bedirispection failed because of large rocks left in the area and the bottom was not level • The first system final inspection on VO 03/01 failed due to the D-box not being level and not constructed of concrete as specified; building sewer not as specified on the plan; dirty stone. • The first final grade inspection also failed and to date there has been no as-built, no certification statement nor deed restriction filed with the department. Dr. MacMillan askedif the job was complete now. Mr. Whyman responded in the affirm_atve. 0_. A-127 Bradford St —The paperwork was filled out properly but the bottom of the bed�'was excavated before a permit was issued. The septic consultant also found that it' dug in thewrong place. Multiple inspections because of inspection failures were required at this site as well, and Mr. Whyman was required to pay additional fees,,because of them. Mr. Whyman spoke at'length about his company,pvc d-boxes in general, and his surprise at North Andover's strict septic installation process. Dr. MacMillan presented.three action options for Mr. Whyman's violations that are available to the Board: 1. Withdraw license to operate in North Andover 2. Fines 3. Probation Dr. MacMillan recommended probation for 30 days. Mr. Whyman should be closely watched; any further problems and his license to operate would be revoked. Page 4 Board of Health minutes March 28,2002 On a motion by John Rizza, seconded by Frank MacMillan, Dr.Rizza's previous motion is amended to read as: Jon Whyman is to be put on probation for an indeterminate time. Throughout this time he and his work will be closely monitored for regulatory compliance. Any additional errors or violations shall result in a revocation of i-i- license to operate in North Andover and/or a heavy fine. FINAL ADJOURNMENT On a motion made by Dr. Rizza and seconded by Dr. MacMillan the meeting was adjourned at 8:45 P.M. Respectively submitted, John S. Rizza, DMD, Clerk DelleChiaie, Pamela From: DelleChiaie, Pamela Sent: Monday, April 28, 2008 9:01 AM To: Whyman Jon (E-mail); Serwatka Joe (E-mail) Cc: Sawyer, Susan; Grant, Michele Subject: 755 Winter Street- Plan Review Please carefully read the attached letter as soon as possible. The previous installation permit is null and void. Do not proceed with any septic construction until YOU have applied for the necessary replacement permit. You need to complete a DWC application and subn-lit to this office in order to receive an approved, signed, tip to date plan, however there will be no additional charge for this pert nit. Also, please note that before you receive another disposal works construction permit, you must get a plurribing perrnit. A current plan, approved and signed by the Health Department inUst be on site at the time ofconstruction. Call the office if you need any clarifications: 978.688.9540. Thank you. -----Original Message----- From: noreply@yourcopier.com [maiIto:noreply@yourcopier.com] Sent: Monday,April 28,2008 9:48 AM To: DelleChiaie, Pamela Subject: Message from KMBT-600 C C-' 3 Lf e_ � pORTp (� SLED a6'6 d O OG ��SSACHtts���� PUBLIC HEALTH DEPARTMENT Community Development Division April 25,2008 James and Roberta.Gilmore, owners 755 Winter Street North Andover, MA 01845 Re: 755 Winter Street,North Andover, Subsurface Disposal System Installation Dear Homeowners, This letter is in response to the revised plans that were submitted on April 24, 2008 as a result of change requests and problems found while the subsurface disposal system was in progress at the property noted above. The revision has been approved. This plan is valid is valid for two years from the date of a septic system inspection that did not meet the acceptable criteria in the state regulations, June 8, 2007. During this time, a licensed septic system installer must obtain a permit-an,: rorr,mle a this%rock and o !'oo.aaJA„atz„F L""'�' r permit - - .�arc� .� - y- w cry a vet Fllae64e Vi 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, Your septic installer will be contacted as to this approval. Mr. Wyman may contact the Health Office, and once has complied with the conditions of this office, will receive a new plan and permit to install your subsurface disposal system, Be advised that the additional requirement regarding the submission of a plumbing permit has been added as noted in the previous letter. To move forward as soon as possible please have your licensed plumber contact the Plumbing Inspector, Jim DiozzL at 978 688-9545 between the hours of 7:30 and 9:00 AM, Also note for future reference that the initial fee for a septic installation includes a specific set of inspections. Inspections that require multiple visits due to unacceptable conditions found by Health staff result in an additional $50 per inspection. Thank you for your cooperation in this matter. Sincer, , Su Sawyer� S Pu tic Health Director Cc: Joseph Serwatka,P.E. Jon Whyman 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.4540 Fax 978.688.8476 Web www.townofnorthandovar.com Joseph J. Serwatka, B.E. Post Office Box 1016 North Andover, MA 01845 (978)-683-6595 joeserwatkaCd)corn cast.net April 24, 2008 """ RECEIVED..-.d. Ms. Susan Sawyer, Director M �' Public Health Department " 1600 Osgood Street G y OF a ()F-0 H ¢�u�O VE North Andover, MA 01845w--�� � a �� ��: �' Re: 755 Winter Street Septic Plan Revisions Dear Ms. Sawyer: I have received your April 22, 2008 review letter and have revised the plan as following: Original stamp and signature are on the plans V-2. Section A-A has been revised to include breakout elevation, distance and profile. Grading has been revised to accommodate breakout to the west. 4. Dimensions have been revised for the trench width and separation. 5. A cut off tee is specified in the distribution box, in addition to the baffle, as requested. Should you have any questions concerning this letter, please contact me. Si e � , Jose Serwatka, P.E. NORTFf q O ASLlC 161 O O � � ey � O COCMIt M�wKw AORArs, �SSACHU`-+�� PUBLIC HEALTH DEPARTMENT (ommunity Development Division I April 22,2008 Mr.Joseph Serwatka,P.E. PO Box 1016 North Andover,MA 01845 Re: 755 Winter Street,North Andover, Subsurface Disposal System Installation Dear Joe, This letter is in response to the revised plans that were submitted on April 16,2008 as a result of problems found while the subsurface disposal system was in progress at the property noted above.As stated in the approval letter of April 1,2008,"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". Please note that once the revised plan is approved the disposal permit for this property will be reissued and a new plan will be given to the septic installer to be used for the installation.Unfortunately,the plan cannot be approved at this time.The revised plan has been reviewed and the following conditions were noted that must be addressed. ,There is no original stamp or signature on the plans i The profile, Section A-A does not reflect the correct break out at the top of the chambers ��6n the plan view,Trenches 2 and 3 on the West End do not appear to make break out 4. On the plan view,the effective width of the area between the trenches is not two times the effective width of the chambers,nor does the dimension 68 inches appear on the view between trenches to indicate same. �-� In addition,the scaled size of the individual infiltrators is greater than 34 inches.Please add all pertinent ,-dimensions on the leaching area. he slope from the new location of the septic tank and the distribution box appears to exceed the maximum 8%slope and therefore a cut off tee should be added to the depiction of the distribution box. Also,noted is that the internal plumbing will be changed to accommodate the change in the tank location.The submission of a plumbing permit shall also be a requirement prior to a new installation permit is issued. Thank you for your cooperation in this matter. Sine e usan Sawyer,REHS/RS Public Health Director Cc: James and Roberta Gilmore,owners Jon Whyman,licensed Septic System Installer 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com '"IrOWN OF NORTH ANDOVER Office ofCOMMI.JNITY DEVELOPMENTAND SERVICES J1E.A1..,T'H DEPARTMENT 1600 0M.",0 0D STREET; BUILDINC, 20; SLIFIT,236 NOR'"11i ANDOVER, MASSAC.H LJSETFS 01 5 ec 978.688.9540--Phone Susan Y.Sawyer, REHS/RS 978.688,8476..FAX Public Health Director E-MAIL hea1thd_qpj@,jpwn i1pahandover.com WEBSITE:!Lt.tp.://www.towtiofnortliatidovei-,coiii SEPTIC PLAN SUBMITTAL FORM Date of Submission: 46 ✓ ZI ft Site Location: K 1�z 70-Engineer: 1 New Plans? Yes $225/Plan Check# (includes IS` submission and one re- review only) /_1'1kevised Plans?Yes $75/Plan Check# Site Evaluation Forms Included? Yes No Local Upgrade Form Included? Yes No Telephone#: Fax E-mail: Homeowner Name: OFFICE USE ONLY When the submission is complete (including check): Date stamp plans and letter Complete and attach Receipt Copy File; Forward to Consultant Enter on Log Sheet and Database ��Rf4�m '6��'� 8 'VATIC, V J 5S4 C 14U���� PUBLIC HEALTH DEPARTMENT Community Development Division April 1, 2008 James and Roberta Gilmore 755 Winter Street North Andover,MA 01845 RE: Septic System Design, 755 Winter Street,North Andover, Map 104B, Lot 152 Dear Owners, 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 New England Engineering Services, dated October 20, 2007, last revised December 16, 2007 and received March 26, 2008. This plan has been approved. The design has been approved for use in the construction of an onsite septic system for a 4- bedroom house(maximum 9-room). 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 2-year time period for which this plan is valid. This approval is 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. 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 or imply compliance with any of the aforementioned requirement, 1600(Osgood Street,North Andover,Massachusetts 01845 Phone 478.688.9540 Fax 978.688.8476 Web www,towno€northandover.com 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 may have. Sincerely,, Sd`san Y Sawyer,,REHS/RS Public Health Director Encl: list of licensed septic system installers Cc: Joseph Serwatka,P.E. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978,688.9540 fox 978.688.8476 Web www,townofnorthandover.com TOWN OF NORT11 ANDOVER offjc(N of('0MMUNITY DEVE1,OPMENTAND SERVICES HEMIN DEPARTMENT 1,600 OSGOOD STREET; BUILDINC, 20; SUITE 236 NORTH ANDOVER, MASSAC.11(JSET'TS 018 9M6MC4540 Phone Susan Y.Sawyer,REUS/RS 978.688.8476-FAX Public Health Director E?,_M A ti W EB S I LELLttP_!/_\YMA_L0MMf q-MUIIA-11—do-ve—reo"L' SEPTIC PLAN SUBMITTAL FORM RECENED Date of Submission:— WMI (OW x 0'ry �40 TH I�N�DOVE Site Location: OWN 05 1 ��'o ENT J.JE�.ALTH DEPM, Elf Engineer: New Plans? Yes—$225/Plan Check# includes I't submission and one re- review only) Revised Plans? $75/Plan Check# Site Evaluation Forms Included? Yes— No Local Upgrade Form Included? Yes— No Telephone 4: Fax E-mail: Homeowner Name:- /'X' OFFICE USE ONLY When the submission is complete (including check): Date stamp plans and letter _Complete and attach Receipt 41//) Copy File; Forward to Consultant t,;��Enter on Log Sheet and Database Joseph J. Serwatka, P.E. Post Office Box 1016 North Andover, MA 01845 (978)-683-6595 joeserwatka aircomcast. et March 21, 2008 Ms. Susan Sawyer, Public Health Director Town of North Andover Board of Health RECEN D 1600 Osgood Street Suite 2-36 MAR 2 VZO08 North Andover, MA 0 1845 [TOWN OF�iORPI N DER �HEA Re: 755 Winter Street ETH DEPARTME_W Septic Plan Review Dear Ms. Sawyer: In response to your November 30, 2007 review letter, I offer the following: 1. Abutters have been added to the plan. 2. The notes have been revised to require SCH 40 piping. 3. Distances have been provided from components to the lot line. 4. The approximate location of the existing system has been depicted. 5. The 5' soil replacement area is shown on the plan and profile. 6. The notes have been revised to include a wetlands disclaimer. 7. The notes have been revised to include foundation drain information. 8. The notes and plan have been revised to detail the effluent filter. 9. The grading has been revised to accommodate breakout elevations. 10. Bouyancy calculations have been provided. 11. The elevation of the perc test has been added to the plan. 12. Soil absorption sizing calculations have been added. 13. The notes have been revised to include excavation requirements. 14. The profile has been revised to depict fill material. 15. The 3:1 slope has been added to the profile. Should you have any questions concerning this letter, please contact me. Sincerely, iose'ph"T' Serwatka, P.E. t40RT#j 1 0 I L A US Health Department November 30, 2007 Mr. Joseph Serwatka, P.E. Post Office Box 1016 North Andover, MA 01845 Re: Sewage Disposal System Site Plan and Profile 755 Winter Street, Map 104B, Lot D Dear Mr. Serwatka: The proposed wastewater system design plan for the above site dated October 20, 2007 and received on November 6, 2007 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 (NA) regulation that has not met by this design follows each item for your convenience. Al. Please provide the names of all abutters taken from a recent tax map (NA 8.02j) 2. Please provide clarification that all piping utilized in the system is to be schedule 40 minimum (NA 10.02) 3. Please provide distances from all components to the lot line (NA 8.02t) ,A. Please depict the approximate location of the existing system to be abandoned on the site plan (15.354) 5. Please clearly indicate the limits of excavation for the leach area on the site plan and appropriate profiles (NA 8.02(2)) �,,6r' Please provide a wetland disclaimer (NA 8.02s) Please provide the location and elevations of foundation drains or provide a note stating the absence of such drains (NA 8.02y) 8. An effluent filter, while not required, is strongly suggested on the outlet tee of the primary tank. An effluent filter is referenced in note 21 however one is not depicted on the detail. Please specify make and model and depict on appropriate details as necessary ;,-9. Recent changes to the Remedial use approval for the Infiltrator System Quick 4 Gravel- less chambers stipulates the breakout elevation to be measured from the top of the chamber (General Use Approval dated Jul 19, 2007). Please revise the design so the grading meets the 15' to 3:1 slope requirement or specify an impermeable barrier where appropriate (15.255) V40. The primary tank appears to be partially located below the ESHGW. Please provide the appropriate buoyancy calculations (221(8)) X1'1. Please provide the elevation of the percolation test in the soil logs located on the plan (NA 8.02n) ............ 1600 Osgood Street HEALTH DEPARTMENT Page 1 of I Building 20;Suite 2-36 E-Mail: healthdept@townofnorthandover.com North Andover,MA 01845 Phone:978.688.9540 Fax:978.688.8476 12. Please provide soil absorption system sizing calculations (15.220 (4)(f), NA 8.02i) 13. Please specify that excavation is to extend at least 6" into natural soil (NA 9.02) 14. Please provide a more detailed depiction of the location where fill material is to be used. 15. Please specify a 3:1 slope where grading required (15.255) 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. Sincere) ,i Susan Y. Sawyer, REHS/RS Public Health Director cc: Owner File 1600 Osgood Street HEALTH DEPARTMENT Page 2 of 2 Building 20;Suite 2-36 E-Mail:healthdept @townofnorthandover.com North Andover,MA 01846 Phone: 978.688.9540 Fax:978.688.8476 110 `tor=. tY[=d"i" ii 7. :46 F'11 ff -.t=F FI J G=h`LIF�T'I,:f� 1 = 6 59 5 P. 01 TOWN OF NORTH office a f(,', I �MUNF..UY DEVELOPMENT AND SERVICES HEALTH DEPARTMENT 1600 0,SGOOD ST11PE"T,BUILDING 20; SUITE 2-36 NORTH ANC.]OVElt, MASSA CH USFTTS 01845 " A ' 978.688,9540–Plion® Susan Y.Sowyer,l EHS/ILS 978.688.8476-PAX Public Health Direct(,- E-.N4AIL:h9#tjbAWjL&tOwa0ft 0r(1911, r.c01t7 m,uG hhu.//(4nvn tawn0fn©rl hW=&Wul L+ rjc DEAN SUBMITTAL FORM � Date Site Location:r , 7 " New Plans? 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