HomeMy WebLinkAboutCorrespondence - 224 SUMMER STREET 7/14/2003 COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE, OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
METROPOLITAN BOSTON — NORTHEAST REGIONAL OFFICE
MITT ROMVEY ELLEN ROY H RZFELDER
Governor 1 �" �� � Secretary
KERRY HEALEY � a ROBERT W. GOLLEDGE,Jr.
Lieutenant Governor d � �, Commissioner
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July 14, 2003
Richard DeVincentis
224 Summer Street
North Andover,Massachusetts 01845
RE: STATEMENT OF TECHNICAL DEFICIENCY
Application for BRPWP59b: Title 5 Variance
224 Summer Street,North Andover (17-Ipswich)
DEP Transmittal No.W039249
Dear Mr, DeVincentis:
The Metropolitan Boston-Northeast Regional Office of the Department of Environmental Protection
has received and reviewed your application for approval of a variance pursuant to 31.0 CMR 15.410 and 310
CMR 15.412 with the above transmittal number.
The application contained written notification, dated April 25,2003,stating that the North Andover
Board of Health had approved variance to the following provision of the State Environmental Cade: 310
CMR 15.104(4) as it relates to percolation testing.
Accompanying the application were plans consisting of one (1) sheet,titled as follows:
Title: Proposed Subsurface Sewage Disposal System
Location: 224 Summer Street
Municipality: North Andover
Applicant: Richard DeVincentis
Designer: Richard C.Tangard,P.E. No. 13021.
Date: March 20,2003
An engineer of the,Department has reviewed the application and accompanying information, and it is
the opinion of the Department that the request for approval of this system cannot be approved at this time
for the following reasons:
This Information is available in alternate format try calling our ADA Coordinator at(617)574.6872.
One Winter Street,Boston,MA 02108•Phone(617)854-6500•Fax(617)556-104x3.TDD 9(800)298-2207
DEP on the World Wide Web: trttp://www.state.ma,tis/dep
0 Printed on Recycled Paper
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July l4, 20O3
• The Alternative 6o/\szo/otioo Testing Policy, BKP/DVVK&9\:P'PO0-4` dated September Q, 2000`
requires that applications for percolation variances include the particle size analysis conducted by
u qualified soil laboratory. %qo analysis was included io the application submitted.
• The application was signed by Ben Osgood,Jr. Either you must sign the application, specifically
page J' or you must authorize io writing that Mr. Osgood may sign the application on your behalf
In the opinion of the Department, the requirements for the approval of this varl ance as specified in 3 10
CMRl5.4l0 and 3l0CMBi5.4l2 have not been mudmfiodbased upon the information received(odate.
The applicant has not proved that the same degree of environmental protection provided by a fully
onogplyiugIdle 5 system can bo provided hythe proposed system with variance ut this location orthat
denial of the requested variance would hcmanifestly unjust.
In accordance with.3 10 CMR 4.00,you have sixty(60)days from the postmarked date of this letter in
which to address the listed deficiencies. Within the sixty(60) day time frame,the applicant is advised to
allow for the appropriate Board of Health action on the revised submittal since the Department of
Environmental Protection's subsequent action may be its 5uol action and, therefore, any tbdbcr filing bothis
matter would he considered u NEW application. T[the applicant cannot uuu000-nodatc the schedule ofthe
Board of Health within the sixty(60) day period, or for any other reason requires additional time,the
applicant may,by written agreement with this Department, extend this schedule in accordance with 310
CMR4.04(2)(M.
The applicant ioo|dm advised that when the Department receives the new information, h will initiate n
second technical review, and has an additional sixty(60)days to rule upon the application. Should the
application be deemed iobc deficient for asecond ho/o, the application will be denied.
If the applicant elects io proceed ou the record as it now stands, this letter constitutes u denial ofthis
application and the requested variance, . Any person aggrieved 6vUevadaucodecioiouof@boI}upurbuout
of Environmental Protection may request an adjudicatory hearing on that determination in accordance with
3l0CMR }.00 and M.G.T.. u. 38A.
Please note that no officialstart date has yet been established for this application since no fee has
been received for this application. l[you have already submitted the fee,your application should bn
credited shortly for the payment. I[you have not submitted the fee,please remit the$230 fee toI)Ey'P.().
Box 40b2, Boston,M/\O22lI. Your check should bo made out <o the Commonwealth nfMassachusetts.
Please note your Transmittal Number oo the memo line of your fee check.
The enclosed Supplemental Transmittal Forn-1 should be completed and included as a cover sheet with
any future submittal to the Department relating to the above matter. You need only correspond to the
Northeast Regional Office o1 the above address,
P|eonc note that the Northeast Regional Office has relocated. The new address is:
Department of Environmental Protection—NorUxeae<Regional Office
Bureau o{Resource Protection
One Winter L
z� �� 5 m F|oor
Boston,M/\03lOH
Richard DeVincentis Page 3
July 14, 2003
If you have any questions regarding this matter,please contact Claire A, Golden of my staff at(617)
654-6516.
Very truly yours,
Madelyn Morris
Deputy Regional Director
Bureau of Resource Protection
MM/CAG/cg
12003variances 11w039249td 1
Enclosure
CC! • Sandra Starr,R.S.,CHO,Director,Board of Health,27 Charles Street,North Andover,MA 01845
Richard C.Tangard,P.E.,New England Engineering Services,Inc.,60 Beechwood Drive,North Andover,MA O1810
(w/encl.)
i
i .
Massachusetts Department of Environmental Protection
Supplemental Transmittal Form
(to accompany supplemental material to previously submitted applications)
9. Obtain from the upper right hand corner of the original application's
Transmittal Transmittal Form:
Number
W039249
2. 1 (a) Facility Name: (b) Facility Address:
Facility
I�fnrmatin DeVincentis Dwellin 22 +
4 Summer Street
c Facility Town/City d Telephone Number:
North Andover
3. a) Permit Name: (b) Permit Code from oriainal wolication)
Permit
information Title 5 Variance BRPWP59b
c EOEA MEPA file #: d Telephone Number:
4. C (a) Response to Request ® (b) Response to Statement of
Check for Additional information Deficiency
Reason For ❑ (c) Supplemental Fee ❑ (d) Withdrawal of Application
Supplemental Payment
Submission e Other leasespecify below):
C
5. (a) Name of individual or firm (b) Affiliation with application, i.e.
Form preparing this submission: applicant, consultant to applicant:
Prepared by
c Contact Name: d Contact Telephone #:
Revised i P99