HomeMy WebLinkAboutCorrespondence - 224 SUMMER STREET 8/13/2003 COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF .ENVIRONMENTAL AFFAIRS
-- d DEPARTMENT OF ENVIRONMENTAL PROTECTION
-- METROPOLITAN BOSTON — NORTHEAST REGIONAL (JI+FICE
MI''T ROMNEY r , ELLEN ROY HERGFELDER
Governor
Secretary
a
KERRY HEALEY ROBERT W. GOLLEDGE Jr.
Lieutenant Governor Commissioner
August 13, 2003
Richard DeVincentis
224 Summer Street
North Andover, Massachusetts 01845
Re: Approval of Title S Variance for existing construction (BRPWP59b)
Variance from Percolation Testing requirement
224 Summer Street,North Andover(17-Ipswich)
DEP Transmittal No,W039249 470107
Dear Mr.DeVincentis:
Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.412, the Nip-aheast Regional Office
of the Department of Environmental Protection has completed its review of the above referenced.
application for approval of a variance granted by the North Andover Board of Health.
The application contains a copy of the Board of Health's grant of a variance from the following
provision of Title 5, 310 CMR 15.000: 310 CMR 15.104 -Percolation Testing.
Accompanying the application were plans consisting of one (1)sheet,titled as follows:
Title: Proposed Subsurface Se.,age Disposal System
Location: 224 Summer Street
Municipality: North Andover
Applicant: Richard DeVincentis
Designer: Richard C.Tangard,P.E.No. 13021
Date: March 20,2003
Based upon its review of the application, and in accordance with 310 CMR 15.410, the Department
has determined both of the following:
a) The applicant has established that enforcement of 310 CMR 15.104 would be manifestly unjust,
considering all of the relevant facts and circumstances of this case.
A percolation test could not be pel formed because of high groun dvi ater.
This information is available in alternate format by calling our ADA Coordinator at(617)574.6672.
One Winter Street,Boston,MA 02108.Phone(617)654-6500•Fax(617)556-1049•TDD#(800)298-2207
DEP on the World Wide Web: http://www,state,ma.us/dep
t:�t,1 Printed on Recycled Paper
ELicbordIJo\/bcendm Pure 2
August 13, 2003
6) The applicant has established that a level of environmental protection that is at least equivalent to that
provided under 3 10 CMR 15.000 can be achieved without strict application of 3 10 CMR 15,104 and
15.105. The applicant has established equivalent environmental protection as follows:
'4 particle-size soil analysis h/ *r/fbrn/n//oo with the Alternative Percolation Testing Policy was
peiforined and, along with an evaluation ofsoil coinpaction, was used to deterinine soil
c/mxxifioot/on, the qIflumnt loading rate, and the design »f'/0csys/eo«. The syxteo/ /x designed ix
ocoomfm,oxw//h /hu/yo//q/ The soil nxm /oun6/ubm loamy sand, This iru Class I/xoilI77esoil
contained 75.7.nmreo/sand. The Board of/7eo//h4�rn/has concurred, /nu letter dated July 24'
2003. that the soil woou/,m,ngnoc/mt /x accordance with the 2noliq< 16aa]n&r/v was designed w/t6m
Long 7erix Acceptance Rate ofV.06 gallons per dampm'm7//arafibmt.
The Department, therefore, approves the Board of Health's grant ofu variance from 3lUCMR
15.104.
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�ddi�omaL���j� o1un@umoatbofbllovviogonodUinnaoupmtofthimapprVvul:
8 u�u6/ubv oI)/souxu/J\ntnx Construction Pen/7i/ fi'oo/ the North Andover
~'^
Boa III6f,,)V(,,4jI6 prior(oco/xn,m/vemm//o"oovs//,/ct/onof the SI)S/e/x.
'
The /x not designed/oocoo/nx/oobAru garbage disposal. Ax such, one shall not hm used or
ins&dlod at this "�Cility.
3) There shall h� in design flow to the upgraded xubsuiJace sewage disposal systein. The
dex' �o`v/�r1�e/�o//dv/�440 �n� T���x�/�vcoux��o�u6vxr-h�uh/um6oure
�~ ' ' '- ., ��— '.� , � ^ .
+0 At the t/n/eofconstruction, V'grnomuhvu/or has receded/uu point where percolation testing b/
ftuu/b/u/n the opinion «f the local approving authority, then romfirx/oto(y percolation testing mu/t8c
conducted and, b'necexxorK &6e'o7s/«m design revised based on the actual percolation or/m '
Jl A copy of'the as-built plans nnist be subinitted to the Departinent within 30 days of the date of
bzuunoe»f the Ce,YifiozA7»fCo//0olixxoeftom the North Andover Board of/-kolth.
0 Should this upgraded sysleinfail, the owner shall inunediately notif�the local Board ofHealth and
n\ol)4pu/'t/xext.
7) The applicant shall record i/ the appropriate Registry qfDeeds or Land Registration Offic4pr/*rAo
the issuance of the Caftficxtoo/Co//§n8u//me, u copy ofthir approval letter/x the chain nfdt/a/othe
property/vbe served 6v the x7mAn//.
?7iv variance oe/m,n/nutiuniron action nf the Department. /f&6e applicant ix aggrieved 6vthis
ue/enx//,otio//, hu/xmy request un/4d*mycn/o(y Hearing h, accordance with 3/0 CURL 00 and M.(II.
C.38A. AnrVuax/foron^4oYxoYmrtoq/Hearing n/,uthe/oodeh,writing und/nux&inorked within 30 days of
the date of issuance of this do&n`xi/n/io*. Pursuant/o3/O (3HR /.0/(3, the request n/xx/state clearly and
concisely d>o/acts that are gorxvdr/or the request and the ro/iefrnu*6i
7Dp hearing request, along with u valid che/k.puyuh/e/oCx/////,//ueu//h ofMassachusetts b/the
mn/axx/of one hundred dollars /$/00.00>' nuot6e///o//wY/u.'
y,
Richard DeVincentis Page 3
August 13, 2003
Commonwealth of Massachusetts
Department of Environmental Protection
P.O. Box 4062
Boston, MA 02211
The bearing request will be dismissed if the filing fee is not paid, unless the appellant is exempt or
granted a waiver, as described below. The filingfee is not required if the appellant is a city or town (or
municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing
authority. The Department may waive the adjudicatory hearingfiling fee for a person who shows that
paying the fee will create an undue financial hardship. A person seeking a waiver must file, together with
the Bearing request as provided above, an affidavit setting forth the facts in support of the claim of undue
financial hardship.
Should you have any questions regarding this matter,please contact Claire A. Golden, of my staff, at
(617)654-6516.
Very truly yours,
%W&4'r"14tc�'-
Madelyn Morris
Deputy Regional Director
Bureau of Resource Protection
MM/CAG/cg
12003variances I Iw039249p-app
cc: • Sandra Starr,R.S.,CHO,Director,Board of Health,27 Charles Street,North Andover,MA 41845
• Richard C.Tangard,P.B.,New England Engineering Services,Inc.,60 Beechwood Drive,North Andover,MA 01810
• Dl✓P/Watershed Permitting Program/Title 5 Section/Boston